THURSDAY, JULY 8, 1971 WASHINGTON, D.C.

Volume 36 ■ Number 131 Pages 12825-12887

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. GOVERNMENT EMPLOYMENT— Presidential Ex­ ecutive Order amending security requirements. .. 12831

FEED GRAINS— USDA regulations on set-aside program for 1971 through 1973 crop years; effective 7 -8 -71 . ______. 12835

FARM PAYMENTS— USDA regulations governing payments and certificates for certain crop set- aside programs; effective 7 -8-71 ...... 12839

HONEY— USDA amendments on eligibility for price support program; effective 7 -8 -7 1 ______12842

AIRWORTHINESS DIRECTIVES— FAA require­ ments for certain Beech and DeHavilland aircraft (2 documents) ...... 12842

UNFAIR TRADE PRACTICES— FTC cease and de­ sist orders on flammable materials and misbrand­ ing (13 documents)...... 12843

ALCOHOL TAX— IRS regulations relating to spe­ cial taxes and nonbeverage drawback claim s..... 12851

SECURITIES— Treasury Dept, amendments for relief for missing, mutilated or defaced securi­ ties; effective 6 -2 -7 1 ...... 12833

POST OFFICE BOXES— Postal Service announce­ ment of rental fee schedules...... 12833

MOTOR CARRIER SAFETY— DoT rule permitting wearers of hearing aids to qualify as drivers; effective 7 -1 -7 1 ...... 12857

MOTOR VEHICLE SAFETY— DoT amendments to occupant crash protection standard; effective 1 -1 -72 ...... 12858 (Continued inside) MICROFILM EDITION FEDERAL REGISTER 35mm MICROFILM

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Voi. Year Price Voi. Year Price Voi. Year Price 1

1 1936 $7 13 1948 $28 25 1960 $49 I 2 1937 12 14 1949 22 26 1961 44 3 1938 8 15 1950 28 27 1962 46 4 1939 14 16 1951 44 28 1963 50 I 5 1940 14 17 1952 41 29 1964 54 1 6 1941 21 18 1953 30 30 1965 58 I 7 1942 37 19 1954 37 31 1966 60 8 1943 53 20 1955 41 32 1967 69 9 1944 42 21 1956 42 33 1968 55 10 1945 47 22 1957 41 34 1969 62 11 1946 47 23 1958 41 35 1970 59 i 12 1947 24 24 1959 42

Order Microfilm Edition from Publications Sales Branch National Archives and Records Service Washington, D.C. 20408

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDERALM-RECISTER 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 £ V, l»3'* Phone 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. The 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 Federal R egulations, 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 Federal 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

INCOME TAX— 1RS proposal on estate deductions HISTORIC PLACES— National Park Service for charitable purpose; comments by 8-9 -71 .... 12861 changes to National Register ... 12868

MOTOR VEHICLE SAFETY— DoT proposed IMPORT LICENSES— USDA notice regarding amendment on passive restraint release; com­ establishment of eligibility to import certain low- ments by 8 -9 —71 — .— ------12866 fat cheese ______12870

ENVIRONMENT— EPA proposal on prior notice FOOD ADDITIVES— FDA notices of petition on of citizen actions_____ 12866 use of hydrogenated petroleum hydrocarbon resin, certain adhesives and diisononyl adipate CREDIT UNIONS— Nat’l Credit Union Admin, in food packaging (3 documents)______12871 proposal on certificates of deposit; comments by 8-8-71 12867 UNEMPLOYMENT COMPENSATION— L a b o r WILDERNESS AREA— Interior Dept, announce­ Dept, notice of termination of extended benefit ment of public hearing on 9-10-71 12868 period in West Virginia ..-______12879

Contents

CONSUMER AND MARKETING FEDERAL AVIATION THE PRESIDENT SERVICE ADMINISTRATION EXECUTIVE ORDER Rules and Regulations Rules and Regulations Amendment of EO 10450 of April Airworthiness directives: 27, 1953, relating to security re­ Fruits grown in California and Beech models B90 and 65-A90 quirements for Government em­ Arizona; handling limitations: airplanes______;------12842 ployment ______:------—- — 12331 Lemons______12841 DeHavilland model DHC-6 series airplanes______12842 Valencia oranges.------12840 Alterations: EXECUTIVE AGENCIES Pears grown in California; ship­ Control zòne and transition ments limitation—...------12841 area______12843 Transition areas (2 docu­ AGRICULTURAL STABILIZATION Proposed Rule Making AND CONSERVATION SERVICE ments ---- 12843 Certain fruits; approval of ex­ Proposed Rule Making Rules and Regulations penses and fixing of rate of Helicopter procedures------12865 Division of payments and certifi­ Transition area; alteration------12864 cates ______12839 assessment: Feed grains; set-aside program for Apricots grown in Washington. 12863 Notices crop years 1971-1973—_------12835 Fresh prunes grown in Wash­ Flight Standards District Office, ington and Oregon------12864 Berkeley, Mo.; transfer of re­ AGRICULTURE DEPARTMENT Sweet cherries grown in Wash­ sponsibility ---- 12871 See Agricultural Stabilization and ington ______12864 FEDERAL COMMUNICATIONS Conservation Service; Commod­ Olives grown in California; han­ ity Credit Corporation; Con­ dling ______12864 COMMISSION sumer and Marketing Service; Notices Foreign Agricultural Service. ENVIRONMENTAL PROTECTION Handling of transiting traffic by satellite facilities; memoran­ COMMODITY CREDIT AGENCY dum opinion and order clarify­ CORPORATION Proposed Rule Making ing statement of policy------12871 Prior notice of citizen suits; pro­ RCA Global Communications, Rules and Regulations Inc.; COMSAT rate reduction._ 12871 cedures for giving notice of civil Honey; price support regulations (Continued on next page) for 1970 and subsequent crops-- 12842 actions ______- 12866 12827 . 12828 CONTENTS

FEDERAL HIGHWAY FISCAL SERVICE Notices ADMINISTRATION Rules and Regulations Motor carriers: Alternate route deviation no­ US. securities; miscellaneous Rules and Regulations tices — ------1228O Qualifications of drivers of motor amendments______12833 Applications and certain other vehicles; hearing aids and hear­ Notices proceedings------12280 ing standards______12857 Transit Casualty Company; ter­ Intrastate applications; filing.. 12882 mination of authority to qualify Temporary authority applica­ FEDERAL MARITIME as surety on Federal bonds____ 12868 tions ------12883 COMMISSION Transfer proceedings______12885 Notices FISH AND WILDLIFE SERVICE LABOR DEPARTMENT Agreements filed: Notices South Carolina State Ports Au­ Notices thority and Seatrain Lines, Martin National Wildlife Refuge; West Virginia; notice of termina­ In c------12872 public hearing regarding wil-, tion of extended unemployment Spokane, Portland and Seattle demess study______12868 compensation______12879 Railway Co. and United Grain C o rp ------12873 FOOD AND DRUG LAND MANAGEMENT BUREAU Australia/U.S. Atlantic and Gulf Notices Conference; petition filed__ ___ 12872 ADMINISTRATION Independent ocean freight for­ Notices Idaho; proposed withdrawal and reservation of lands. ______12868 warder licenses; orders of Filing of petitions for food addi­ revocation: tives: Avila Shipping Co______12873 NATIONAL CREDIT UNION Presto Shipping Agency, Inc__ 12873 Arakawa Forest Chemical I n - ' International Longshoremen’s and dustries, Ltd______12871 ADMINISTRATION Warehousemen’s Union; order B.F. Goodrich Co______12871 Proposed Rule Making Esso Research and Engineering extending expiration date of Certificates of deposit; basic re­ agreement______12873 C o ------12871 quirements ______12867 Matson Navigation Co. et al.; pur­ FOREIGN AGRICULTURAL chase of ships; supplemental NATIONAL HIGHWAY TRAFFIC order______12874 SERVICE Pacific Coast Australasian Tariff SAFETY ADMINISTRATION Bureau; enlargement of time for Notices filing______12874 Import quotas; submission of in­ Rules and Regulations Sea-Land Service, Inc.; general formation to establish non- Motor vehicle safety standards; increases in rates in the U.S. At­ historical eligibility for licenses. 12870 occupant crash protection____ 12858 lantic and Gulf/Puerto Rico trade; third supplemental GENERAL SERVICES Proposed Rule Making ord er______12874 ADMINISTRATION Motor vehicle safety standards; N occupant crash protection____ 12866 FEDERAL POWER COMMISSION Rules and Regulations Use of unleaded and low-lead con­ NATIONAL PARK SERVICE Rules and Regulations tent gasoline in Government- Rate schedules and tariffs; south­ operated vehicles______12834 Notices ern Louisiana area______12851 National Register of Historic Notices HEALTH, EDUCATION, AND Places; additions, deletions, or Hearings, etc.: WELFARE DEPARTMENT corrections______12868 Amoco Production Co. et al___ 12875 See Food and Drug Administra­ TARIFF COMMISSION Columbia LNG Corp. et al____ 12876 tion. Diamond Shamrock Corp. et al_ 12876 Notices Wessely, Arthur J., et al______12878 INTERIOR DEPARTMENT Johnson, Stephens, & Shinkle Shoe Co.; petition for determination See also Fish and Wildlife Service; FEDERAL TRADE COMMISSION of eligibility to apply for adjust­ Land Management Bureau; Na­ ment assistance; notice of in­ Rules and Regulations tional Park Service. vestigation ______12879 Prohibited trade practices: Rules and Regulations Stacy Adams Shoe Co. et al.; Art-Max Fabrics, Inc., et al___ 12843 Procurement sources and pro­ workers’ petitions for determi­ Cascade Hat & Cap Co. and grams; office furniture______12834 nation of eligibility to apply for Hyman Stein___ !_____ 12844 adjustment assistance; notice of Chateau et Cie, Ltd., and Cyril INTERNAL REVENUE SERVICE investigations ______12879 Marcus______12845 Commercial Paper Box Co. et Rules and Regulations TRANSPORTATION DEPARTMENT al ____------i ------12845 Liquor dealers, stills, distilled See Federal Aviation Administra­ Dan Brechner & Co., Inc., et al__ 12846 spirits, and beer______12851 tion; Federal Highway Admin­ June Douglas and June’s Ap­ Proposed Rule Making istration; National Highway parel ------12846 Traffic Safety Administration. Jack Frank and Jack Frank & Income taxes; deductions for C o ------12847 amounts paid or permanently Osage Handkerchief Co., Inc., set aside by an estate or trust TREASURY DEPARTMENT for a charitable purpose______12861 and Edward Debowsky_____ 12848 See Fiscal Service; Internal Reve­ Paul Shuman Mfg. Co., Inc., and nue Service. Paul Shuman______12848 INTERSTATE COMMERCE Rosenblum Bros., Inc., et al___ 12849 UNITED STATES POSTAL Schwerzler & Sons, Inc., et al___ 12849 COMMISSION Sidney Gilbert & Co., Inc., et al_ 12850 Rules and Regulations SERVICE Warren-Reed, Inc., and Armi- Car service; Chicago, Rock Island Rules and Regulations stead C. Warren______12850 and Pacific Railroad Co______12859 Post office boxes; rental fees___ 12833 CONTENTS 12829 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 end of each month. The guide lists the parts and sections affected by documents published since January 1, 1971, and specifies how they are affected.

3 CFR 14 CFR 31 CFR Execu tive O rders: 39 (2 documents)______12842 306______12833 9835 (see EO 11605) 71 (3 documents)______12843 10450 (amended by EO 11605)____ 12831 P roposed R u l e s : 39 CFR 11605______12831 71______12864 169______12833 91______12865 7 CFR 97_____ 12865 41 CFR 775______12835 101-25___ 12834 794______12839 16 CFR 114-25___ 12834 908______12840 13 (13 documents)_,______12843-12850 114-26___ 12834 910______12841 917______12841 42 CFR 1434______12842 18 CFR 154—c ______12851 P roposed R u l e s : Proposed R u l e s : 415______—____ 12866-12867 922 ______12863 26 CFR 923 ______12864 194______—__ 12852 49 CFR 924 ______12864 196 ______12853 391 _ 12857 932______12864 197 ______12853 392 ______'___ 12857 201______12855 571______12858 12 CFR 245______12856 1033______12859 Proposed R u l e s : P roposed R u l e s : P roposed R u l e s : 703___ 12867 1 ______12861 571______12866 13______12861

12831 Presidential Documents Title 3—The President EXECUTIVE ORDER 11605 Amendment of Executive Order No. 10450 of April 27, 1953, Relating to Security Requirements for Government Employment By virtue of the authority vested in me by the Constitution and stat­ utes of the United States including 5 U.S.C. Sections 1101 et seq., 3301, 3571, 7301, 7313, 7501(c), 7512, 7532 and 7533; and as President of the United States, and finding such action necessary in the best interests of national security, it is hereby ordered that Executive Order No. 104501 of April 27, 1953, as amended, is hereby further amended as follows: 1. Paragraph (5) of Section 8(a) shall read: “ (5) Knowing mem­ bership in, or affiliation or sympathetic association with, any foreign or domestic organization, association, movement, group, or combina­ tion of persons (hereinafter referred to as organization) which is total­ itarian, fascist, communist, subversive, or which has adopted a policy of unlawfully advocating the commission of acts of force or violence to deny others their rights under the Constitution or laws of the United States or of any State, or which seeks to overthrow the government of the United States or any State or subdivision thereof by unlawful means. 2. Section 12 shall read : “ (a) Executive Order No. 9835 of March 21, 1947, as amended is hereby revoked. “ (b) The head of each department and agency shall be furnished by the Attorney General with the name of each organization which shall be or has been heretofore designated under this order. Except as specifically provided hereafter, nothing contained herein shall be construed in any way to affect previous designations made pursuant to Executive Order No. 10450, as amended. “ (c) The Subversive Activities Control Board shall, upon petition of the Attorney General, conduct appropriate hearings to determine whether any organization is totalitarian, fascist, communist, subversive, or whether it has adopted a policy of unlawfully advocating the com­ mission of acts of force or violence to deny others their rights under the Constitution or laws of the United States or of any State, or which seeks to overthrow the government of the United States or any State or subdivision thereof by unlawful means. “ (d) The Board may determine that an organization has adopted a policy of unlawfully advocating the commission of acts of force or vio­ lence to deny others their constitutional or statutory rights or that an organization seeks to overthrow the government of the United States or any State or subdivision thereof by unlawful means if it is found that such group engages in, unlawfully advocates, or has among its purposes or objectives, or adopts as a means of obtaining any of its purposes or objectives.— (1) The commission of acts of force or violence or other unlawful acts to deny others their rights or benefits guaranteed by the Constitution 13 CFR 1949-1953 Comp., p. 936; 18 F.R. 2489,26 F.R. 6967. 12832

or laws of the United States or of the several States or political sub­ divisions thereof; or (2) The unlawful damage or destruction of property; or injury to persons; or (3) The overthrow or destruction of the government of the United States or the government of any State, Territory, district, or possession thereof, or the government of any political subdivision therein, by unlaw­ ful means; or (4) The commission of acts which violate laws pertaining to treason, rebellion or insurrection, riots or civil disorders, seditious conspiracy, sabotage, trading with the enemy, obstruction of the recruiting and en­ listment service of the United States, impeding officers of the United States, or related crimes or offenses. “ (e) The Board may determine an organization to be ‘totalitarian’ if it is found that such organization engages in activities which seek by unlawful means the establishment of a system of government in the United States which is autocratic and in which control is centered in a single individual, group, or political party, allowing no effective repre­ sentation to opposing individuals, groups, or parties and providing no practical opportunity for dissent. “ (f) The Board may determine an organization to be ‘fascist’ if it is found that such organization engages in activities which seek by unlaw­ ful means the establishment of a system of government in the United States which is characterized by rigid one-party dictatorship, forcible suppression of the opposition, ownership of the means of production under centralized governmental control and which fosters racism. “ (g) The Board may determine an organization to be ‘communist’ if it is found that such organization engages in activities which seek by unlawful means the establishment of a government in the United States which is based upon the revolutionary principles of Marxism-Leninism, which interprets history as a relentless class war aimed at the destruction of the existing society and the establishment of the dictatorship of the proletariat, the government ownership of the means of production and distribution of property, and the establishment of a single authoritarian party. “ (h) The Board may determine an organization to be ‘subversive’ if it is found that such organization engages in activities which seek the abolition or destruction by unlawful means of the government of the United States or any State, or subdivision thereof. “ (i) The Board may further determine, after consideration of the evidence, that an organization has ceased to exist. Upon petition of the Attorney General or upon petition of any organization which has been designated pursuant to this section the Board after appropriate hearings may determine that such organization does not currently meet the stand­ ards for designation. The Attorney General shall appropriately revise or modify the information furnished to departments and agencies con­ sistent with the determinations of the Board. “ (j) The Board shall issue appropriate regulations for the imple­ mentation of this section.”

T he W hite H ouse, ^ July 2,1971. [FR Doc.71-9765 Filed 7-7-71 ;12:01 p.m.] 12833

Rules and Regulations

security was issued, and, if the report is States, or a duly authorized agent thereof Title 31— MONEY AND made by some other person, the capacity (not including the Postal Service when in which he represents the owner. acting solely in its capacity as public (b) The identity of the security by carrier of the mails), or while in the FINANCE: TREASURY title of loan, issue date, interest rate, course of shipment effected under regu­ Chapter II— Fiscal Service, serial number and denomination, and in lations issued pursuant to the Govern­ Department of the Treasury the case of a registered security, the exact ment Losses in Shipment Act (Parts 260, form of inscription and a full description 261, and 262 of this chapter). SUBCHAPTER B— BUREAU OF THE PUBLIC DEBT of any assignment, endorsement or other (b) If substantially the entire security PART 306— GENERAL REGULATIONS writing. is presented and surrendered and the WITH RESPECT TO UNITED STATES (c) A full statement of the circum­ Secretary of the Treasury is satisfied as stances. to the identity of the security and that SECURITIES All available portions of a mutilated, any missing portions are not sufficient to Miscellaneous Amendments defaced or partially destroyed security form the basis of a valid claim against must also be submitted. the United States. Sections 306.123 through 306.126 of (c) If the security is one which by the Subpart P, Treasury Department Cir­ § 306.107 Type o f relief granted. provisions of law or by the terms of'its cular No. 300, Third Revision, dated De­ (a) Prior to call or maturity. After a issue is nontransferable or is transfer­ cember 23, 1964, as amended (31 CFR able only by operation of law.12 Part 306), are hereby renumbered as claim or accouht of the loss, theft, de­ struction, mutilation, or defacement of a (d) If the owner or holder is the §§ 306.125 through 306.128, respectively, United States, a Federal Reserve Bank, and Subpart N is hereby amended and security which has not matured or been called has been satisfactorily established a Federal Government corporation, a revised, effective as of June 2, 1971, as State, the District of Columbia, a Ter­ follows: ' and the conditions for granting relief have been met, a security of the same ritory or possession of the United States, Subpart N— Relief for Loss, Theft, Destruction, loan, issue date, interest rate and a municipal corporation, or, if 'appli­ Mutilation or Defacement of Securities denomination will be issued to replace cable, a political subdivision of any of Sec. the original security. the foregoing, or a foreign government. 306.105 Statutory authority and require­ (b) At or after call or maturity. Pay­ The foregoing revisions and amend­ ments. ment will be made on account of the loss, ments, adopted as of June 2, 1971, were 306.106 Procedure for applying for relief. •effected under authority of Public Law 306.107 Type of relief granted. theft, destruction, mutilation, or deface­ 306.108 Cases not requiring bonds of ment o f , a called or matured security 92-19 (85 Stat. 74) and 5 U.S.C. 301. indemnity. after the claim has been satisfactorily Notice and public procedures thereon are established and the conditions for grant­ unnecessary as public property and con­ Authority : The provisions of this Subpart N issued under Public Law 92-19, 85 Stat. 74; ing relief have been met. tracts are involved. 5 U.S.C. 301. (c) Interest coupons. Where relief Dated: July 1,1971. has been authorized on account of a de­ Subpart N— Relief for Loss, Theft, De­ stroyed, mutilated or defaced coupon [ seal] Jo h n K. C arlock, struction, Mutilation or Defacement security which has not matured or been Fiscal Assistant Secretary. of Securities called, the replacement security will have [FR Doc.71-9622 Filed 7-7-71;8:49 am] attached all unmatured interest coupons § 306.105 Statutory authority and re­ if it is established to the satisfaction of quirements. the Secretary of the Treasury that the The Secretary of the Treasury is au­ coupons were attached to the original Title 39— POSTAL SERVICE thorized by Public Law 92-19 (85 Stat. security at the time of its destruction, 74) to grant relief, under certain con­ mutilation or defacement. In every other Chapter I— United States Postal ditions, for the loss, theft, destruction, case only those unmatured interest cou­ Service mutilation or defacement of U.S. se­ pons for which the Department has re­ curities, whether before, at, or after ma­ ceived payment will be attached. The PART 169— POST OFFICE BOXES turity. A bond of indemnity, in such form price of the coupons will be their value as and with such surety, sureties or security determined by the Department at the Post Office Box Rental Fees as may be required to protect the inter­ time relief is authorized using interest Section 169.2(c) of Title 39, Code of ests of the United States, is required as rate factors based on then current Federal Regulations, is amended in order a condition of relief on account of any market yields on Treasury securities of to codify therein the existing fee sched­ bearer security or any registered security comparable maturities. assigned in blank or so assigned as to ules applicable to the renting of post become, in effect, payable to bearer, and § 306.108 Cases not requiring bonds o f office boxes (35 F.R. 16734). is ordinarily required in the case of un­ indemnity. Accordingly, in § 169.2 Rental rates, assigned registered securities. A bond of indemnity will not be re­ make the following changes: § 306.106 Procedure for applying for quired as a condition of relief for the 1. Amend subparagraph (2) of para­ relief. loss, theft, destruction, mutilation, or graph (a) to read as follows: defacement of registered securities in any Prompt report of the loss, theft, de­ of the following classes of cases unless (2) Schedule. The quarterly box rent struction, mutilation or defacement of a the Secretary of the Treasury deems it schedule for main post offices is as security should be made to the Bureau of essential in the public interest: follows: the Public Debt. The report should include: (a) If the loss, theft, destruction, mutilation, or defacement, as the case 12 Other than savings bonds and savings (a) The name and present address ofmay be, occurred while the security was notes, which are not subject to these the owner and his address at the time the in the custody or control of the United regulations.

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 No. 131----- 2 12834 RULES AND REGULATIONS

Rate per quarter 1. A new Part 114-25 is added to read as follows: Call boxes Lockboxes and drawers—Size number Subpart 114—25.1— General Policies 1 2 1 2 3 4 5 Post office groups Sec. Cubic-Inch Cubic-inch capacity 114-25.104 Acquisition of office furniture capacity and typewriters. 114-25.104-1 Redistribution, repair, or reha­ 225 to 2,000 To 225 500 To 265 265 to 500 to 1,000 to and bilitation. over 114-25.104-2 Purchase of new filing cabi­ nets.

Offices with city carrier service: A u t h o r it y : The provisions of this Part Group A ______...... $2.70 $3.60 $5.40 $7.20 $9.60 $12.00 $14.40 114-25 issued under 5 U.S.C. 301, sec. 205 Group B...... 1.80 2.70 3.60 ,, 5.40 7.20 9.00 10.80 Group C...... 1.35 1.80 2.70 3.60 5.40 7.20 9.00 (c), 63 Stat 390; 40 U.S.C. 486(c). Group D ...... 1.00 1.35 2.05 - 2.70 3.60 5.40 7.20 Group E...... 80 1.00 1.45 1.80 2.70 3.60 5.40 Subpart 114-25.1— General Policies Offices without city carrier service: * Group F ._ ...... ______.60 .80 1.10 1.35 1.80 2.70 3.60 §.114—25 .104 Acquisition o f office fur­ Group G ...... 45 .60 .85 1.10 1.35 1.80 2.70 niture and typewriters. Group H ...... 25 .40 .60 .80 1.10 1.35 1.80 Group I ...... 20 .25 .45 .60 .80 1.10 1.35 In making a determination as to whether requirements can be met 2. In paragraph (b) (3) amend the tabular data under subdivision (ii) to read through the utilization of already owned as follows: furniture and typewriters, reasonable efforts shall be made to determine Callboxes Lockboxes whether such items are available from other bureau offices and other bureaus of No. 1 No. 2 No. 1 No. 2 No. 3 No. 4 No. 5 the Department within a reasonable transport distance. Such efforts shall in­ Per semester.______$0.40 $0.50 $0.60 $0.75 $1.10 $1.80 $2.95 Per quarter...... 25 .40 .45 .50 .75 1.20 1.90 clude direct inquiries and shall not be limited to a review of available property circularized in accordance with IPMR Note: Section 151.3(c) of former Subchapter A of Title 39 CFR (1970 revision), which was retained in force as uncodified regulations when Subchapter A was superseded (35 F.R. 114-43.102-52. 19399), is hereby revoked. § 114—25.104—1 Redistribution, repair, (39 U.S.C. 401, 404) or rehabilitation. D avid A . N elso n , In furtherance of the intent of FPMR General Counsel. 101-25.104-1, particular consideration [FR Doc.71-9580 Filed 7-7-71;8:46 am] shall be given to the advantages of in­ stituting a Bureau-wide program for the gasoline unless (1) such use would be in repair and rehabilitation of office furni­ Title 41— PUBLIC CONTRACTS conflict with country-to-country or ture and typewriters already in bureau multinational logistics agreements and inventories in lieu of new procurement. (2) such gasoline is not locally available § 114—25.104—2 Purchase of new filing AND PROPERTY MANAGEMENT at competitive prices. cabinets. Chapter 101— Federal Property (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c) ) Prior to submission of requisitions for Management Regulations Effective date. This regulation is effec­ new filing cabinets, a determination SUBCHAPTER E— SUPPLY AND PROCUREMENT tive upon publication in the F ederal shall be made as to whether require­ R egister (7-8-71). ments can be met through the utilization PART 101-25— GENERAL of filing cabinets already owned. A large Subpart 101—25.3—Use Standards Dated: June 29, 1971. percentage of the Department’s future R obert L . K u n z ig , needs for correspondence filing cabinets U se o f U nleaded and L o w -L ead C o nten t Administrator of General Services. can be met through the accelerated dis­ G aso lin e in G o ver n m ent-O perated posal of records, either by destruction V eh icles [FR Doc.71-9612 Filed 7-7-71;8:49 am] of noncurrent records or by transfer to The revision transmitted by this Federal Records Centers. Reasonable ef­ amendment provides policy on the use of forts shall be made to determine whether unleaded and low-lead content gasoline Chapter 114— Department of the any filing -cabinets are available from in motor vehicles, formerly contained in Interior other bureau offices and other bureaus of FPMR Temporary Regulation E-12. PART 114-25— GENERAL the Department within a reasonable Section 101-25.303 is revised to read as transport distance. Such efforts shall in­ follows: 4 PART 114-26— PROCUREMENT clude direct inquiries and shall not be SOURCES AND PROGRAM limited to a review of available property § 101—25.303 Gasoline for use in motor circularized in accordance with IPMR vehicles. Miscellaneous Amendments 114-43.102-52. Unleaded or low-lead content gasoline Pursuant to the authority of the Sec­ (low-lead content gasoline is defined as 2. A new subpart is added to Part 114— retary of the Interior contained in 5 26 to read as follows: containing 0.5 gm./gal. lead) shall be U.S.C. 301 (Supp. V, 1965-1969) and sec­ used in Government-operated vehicles tion 205(c), 63 Stat. 390; 40 U.S.C. 486 Subparf 114—26.3— Procurement of within the 50 States except when it is (c), Chapter 114, Title 41 of the Code GSA Stock Items clearly impractical or unfeasible to do so. of Federal Regulations is amended, as (a) The cost of gasoline shall not be set forth below, to add a new Part 114-25 § 114—26.308 Obtaining filing cabinets. used as a factor in determining the prac­ and a new Subpart to Part 114-26. Requests for approval of new corre­ ticality or feasibility of using unleaded or This amendment shall become effective spondence filing cabinets shall not be low-lead content gasolines; however, on the date of its publication in the submitted until all of the'actions pre­ manufacturers’ recommendations on F ederal R egister (7-8-71). scribed in IPMR 114-25.104-2 and octane requirements shall be generally followed. R ichard R . H it e , FPMR 101-25.302-2 have been taken and (b) Gasoline for use in overseas Gov­ Deputy Assistant Secretary have not produced the needed filing ernment-operated vehicles shall be lim­ for Administration. Cabinets. ited to unleaded or low-lead content J u n e 28, 1971. [FR Doc.71-9576 Filed 7-7-71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 RULES AND REGULATIONS 12835

Form ASCS-477, Intention to Partici­ (ii) Any acreage of grain sorghums Title 7— AGRICULTURE pate and Payment Application (herein destroyed by any means or used for other called “Form 477” ). than grain or silage not later than the Chapter VII— Agricultural Stabiliza­ (c) In accordance with section 101 of disposition date; tion and Conservation Service the Agricultural Act of 1970 and the reg­ (iii) Any acreage of grain sorghums (Agricultural Adjustment), Depart­ ulations in Part 795 of this chapter, the destroyed by natural causes after the ment of Agriculture total amount of payments which a per­ disposition date if the operator requests son shall be entitled to receive annually reclassification in writing. SUBCHAPTER C— SPECIAL PROGRAMS under the program shall not exceed (2) Any acreage devoted to a mixture PART 775— FEED GRAINS $55,000. of crops if the county committee de­ (d) The program is applicable termines that the predominant crop is Subpart— Feed Grain Set-Aside throughout the United States except in grain sorghums and such acreage meets Program for Crop Years 1971—73 Hawaii and Alaska. the requirements of subparagraph (1) of this paragraph. Sec. § 775.2 Definitions. (d) “Feed grain acreage” means the 775.1 General. 775.^2 Definitions. In the regulations in this subpart and sum of the corn and grain Sorghum 775.3 Administration. in all instructions, forms, and documents acreages on the farm. 775.4 Farm conserving base. in connection therewith, the words and (e) “Feed grain planted and consid­ 775.5 Farm feed grain base. phrases defined in this section shall have ered planted acreage” means the sum of 775.6 Farm yields and payment rates. the meaning assigned to them herein un­ the corn and grain sorghum acreages as 775.7 County yields. less the content or subject matter other­ defined in paragraphs (b) and (c) of 775.8 Notice of base acreages, yields, and wise requires. this section and: payment rates. 775.9 Reconstitution of farms. (a) The following words or phrases (1) Any acreage which the county 775.10 Requirements for eligibility. shall have the meanings assigned to them committee determines was not planted 775.11 Intention to participate in the pro­ in Part 719 of this chapter, as amended: to feed grains or failed because of gram. “Acquired farm,” “agency,” “base pe­ drought, flood, or other natural disaster 775.12 Designation, use, and care of set- riod,” “combination,” “county,” “com­ or condition beyond the control of the aside acreage. munity committee,” “county committee,” operator; 775.13 Determination of compliance. “county office,” “ county executive direc­ (2) Any acreage credited as feed grain 775.14 Payments. tor,” “cropland,” “Department,” “Dep­ 775.15 Division of payments and additional acreage (except for new farms) under provisions relating to tenants and uty Administrator,” “ displaced owner,” the provisions of Part 719 of this chapter sharecroppers. “division,” “farm,” “operator,” “person,” as amended, for producers who do not 775.16 Successors-in-interest. “reconstitution,” “representative of the participate and earn a payment under 775.17 Scheme or device and fraudulent rep- county committee,” “representative of the program; and * » resentation. the State committee,” “Secretary,” (3) Any acreage planted and con­ 775.18 Setoffs and assignments. “State executive director,” “State com­ sidered planted to wheat under Part 728 775.19 Appeals. mittee,” and “subdivision.” of this chapter, as amended, in excess of 775.20 Performance based upon advice or (b) “Corn acreage” means: action of county or State commit­ the allotment (except acreage which the tee. (1) Any acreage planted to field corn county committee determines was not 775.21 Supervisory authority of State com­ or sterile high-sugar com, excluding: planted to wheat because of drought, mittee. (i) Any acreage of corn approved as flood, or other natural disaster or condi­ 775.22 Delegation of authority. a conservation use in Part 792 of this tion beyond the control of the operator): Au t h o r it y : The provisions of this subpart chapter, as amended; Provided, That wheat in excess of the al­ issued under sec. 105, 84 Stat. 1368, 7 U.S.C. (ii) Any acreage of corn destroyed by lotment shall not be considered as 1441 note. any means or used for other than grain planted to feed grains for purposes of § 775.5(d)(4). § 775.1 General. or silage not later than the disposition date; (f) “Total feed grain base” means the (a) The regulations in this subpart (iii) Any acreage of corn destroyed by sum of the feed grain bases established provide terms and conditions for the feed natural causes after the disposition date for corn and grain sorghums for the grain set-aside program for the 1971 if the operator requests reclassification farm, except that each base shall, be ex­ through 1973 crops of feed grains, re­ in writing. cluded that is diverted under CAP or spectively, under which payments are CCP. made to producers who set aside acreage ' (2) Any acreage devoted to a mixture (g) “Conservation Reservé Program” from the production of any such crop of of crops if the county committee de­ (herein called CRP) means the program corn and grain sorghums (herein called termines that the predominant crop is authorized under the Soil Bank Act, as “feed grains” ) to approved conservation corn and such acreage meets the require­ amended, Part 750 of this chapter, as uses and, in addition, maintain the acre­ ments of subparagraph (1) of the para­ amended. age of cropland on the farm devoted in graph as being corn acreage. (h) “Cropland Conversion Program” preceding years to soil-conserving uses (c) “ Grain sorghum acreage” means: (herein called CCP) means the program (herein called “conserving base” ) , except (1) Any acreage planted to grain authorized under section 16(e) of the Soil to the extent that they elect to devote the sorghums of a feed grain or dual pur­ Conservation and Domestic Allotment set-aside acreage to approved alternate pose variety (including any cross which Act, as amended, Part 751 of this chapter, crops in lieu of conservation uses. at all stages of growth has most of the as amended. (b) If the operator of the farm elects characteristics of a feed grain or dual (i) “Cropland Adjustment Program” to participate in the program, payments purpose variety) and any acreage of (herein called CAP) means the program shall be made available to the producers sweet sorghums used for silage (haylage authorized under title VI of the Food and on such farm only if such producers set is a form of silage), excluding: Agriculture Act of 1965, as amended, Part aside and devote to approved soil-con­ (i) Any acreage of grain sorghums751 of this chapter, as amended. serving uses an acreage on the farm approved as a conservation use in Part (j) “Great Plains Conservation Pro­ equal to the number of acres stated on 792 of this pimp ter, as amended; gram” means the program authorized

FEDERAL REGISTER. VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12836 RULES AND REGULATIONS under section 16(b) of the Soil Conserva­ give due consideration to tillable acre­ base is requested is suitable for the pro­ tion and Domestic Allotment Act, as age, crop-rotation practices, types of soil, duction of the commodity and the pro­ amended, Part 601 of this title, as soil and water conservation measures, duction of the commodity on the farm amended. and topography. On farms with recog­ will not result in an undue erosion hazard (k) “Regional Conservation Programs” nized history of irrigated and nonirri- under continuous production. (herein called RCP) means the program gated feed grain acreage in the base (iv) The operator has adequate equip­ set forth in Part 755 of this chapter, as period for establishing yields, the base ment and other facilities readily avail­ amended. acreage for each applicable commodity able for the successful production of the (l) “ Wheat Set-Aside Program” shall be established separately for the crop on the farm. means the program authorized under irrigated acreage and for the nonirri- (v) The operator expects to derive title IV of the Agricultural Act of 1970, gated acreage. Separate bases for irrigat­ during the current year more than 50 Part 728 of this chapter, as amended. ed acreage and for nonirrigated acreage percent of his income from the produc­ (m) “Upland Cotton Set-Aside Pro­ shall not be established for farms where tion of agricultural commodities or prod­ gram” * means the program authorized irrigation is used only in drier years. ucts from farming. Where the farm oper­ under title VI of the Agricultural Act of Commodity base acreage for farms de­ ator is a partnership, each partner must 1970, Part 722 of this chapter, as termined as set forth in this paragraph expect to derive during the current year amended. shall be approved by a representative of more than 50 percent of his income from (n) “Alternate crop” means any of the the State committee. the production of agricultural commodi­ crops of castor beans, crambe, guar, (b) Adjustment authorized by Admin­ ties or products from farming. Where the mustard seed, plantago ovata, safflower, istrator. The Administrator, ASCS, may, farm operator is a corporation, it must sesame, and sunflower which may be pro­ upon request of the State committee, have no major corporate purpose other duced in lieu of conservation uses on the authorize the State committee to adjust than operation or ownership of such acreage set aside from production. any feed grain base for farms within the farm, and the officers and general man­ (o) “Conserving base” means the State to the extent necessary to establish ager of the corporation must expect to acreage of cropland on the farm devoted fair and equitable feed grain bases within derive during the current year more than in preceding years to soil-conserving such State. 50 percent of their income, including div­ uses as determined under Part 792 of this (c) Farms with no 1959 and 1960 his­ idends and salaries, from the produc­ chapter, as amended. tory. A farm shall not qualify for pay­ tion of agricultural commodities or prod­ (p) “Disposition date” means the dis­ ments under the program if there was no ucts from farming. In estimating the posal date set forth for each commodity feed grain acreage on the farm in 1959 income of the farm operator from farm­ in Part 718 of this chapter, as amended. and 1960 unless (1) cropland on the farm ing, no value shall be allowed for the esti­ (q) “ Current year” means the calen­ was in the conservation reserve program mated return from the production of the dar year in which the feed grain crop or the great plains conservation pro­ requested base. However, credit will be with respect to which payment may be gram during one or both of the years allowed for the estimated value of home made under this subpart would normally 1959 and 1960 and either the conserva­ gardens, livestock and livestock products, be harvested. tion reserve program contract or the poultry, or other agricultural products great plains conservation program con­ produced for home consumption or other § 775.3 Administration. tract is no longer in effect for all or part use on the farm. The provisions of this (aT The program will be administered of such land, (2) one or more feed grains subdivision shall not be applicable if the under the general supervision of the Ad­ were grown in 1957 or 1958 and a feed county committee, with the approval of a ministrator, Agricultural Stabilization grain base was established in accordance representative of the State committee, and Conservation Service (ASCS), and with § 755.212(c) (2) of the 1963 feed determines that the income of the oper­ shall be carried out in the field by Agri­ grain program regulations in this chap­ ator, from both farming and nonfarm­ cultural Stabilization and Conservation ter, or (3) a new farm base is estab­ ing sources, will not provide a reasonable State and county committees (herein lished in accordance with paragraph (d) standard of living for the operator and called State and county committees) and of this section. his family. In making such determina­ ASCS commodity offices. Notices of base (d) New farm base. (1) The county tion, the county committee shall consider acreages and yields shall be mailed to committee, with the approval of the such factors as size and type of farming producers. Applications for payments State committee, shall determine a base operations, estimated net worth, esti­ shall be approved by the county com­ (herein called “new farm base” ) for each mated gross family farm income, esti­ mittee or by an authorized representative eligible farm for which a feed grain base mated family off-farm income, number thereof. is requested in writing before March 1 of dependents, and other factors affect­ (b) State and county committees,of the current year. Each request shall ing the operator’s ability to provide a ASCS commodity offices, and representa­ be made by the farm operator or owner reasonable standard of living for him­ tives and employees thereof do not have on Form MQ-25, Application for New self and his family. authority to modify or waive any of the Farm Allotment or Feed Grain Base, (vi) The applicant has at least 2 provisions of the regulations in this sub- which shall contain statements as to lo­ years’ experience in the last 5 years pro­ part, as amended or supplemented. cation and identification of the farm, ducing the commodity for which a base name and address of the farm operator, is requested : Provided, That the number § 775.4 Farm conserving base. and other data necessary to enable the of years which may be used in deter­ The regulations governing the estab­ county committee to determine whether mining whether the applicant has at lishment and maintenance of the farm the conditions of eligibility prescribed least 2 years’ experience may be increased conserving base, Part 792 of this chap­ by subparagraph (2) of this paragraph from 5 years by the number of years in ter, as amended, shall be applicable to have been met. which the applicant could not grow the the program. (2) Eligibility for a new farm basefeed grain commodity because the appli­ shall be conditioned upon the following: cant was in the armed services or the § 775.5 Farm feed grain base. (i) The farm does not otherwise qual­ permitted acreage of nonconserving crops (a) How obtained. Except as other­ify for a feed grain base for any was zero on all farms in which the appli­ wise provided in this section, the base commodity. cant had an interest. acreage for each of the commodities— (ii) Neither the operator nor the (vii) In the case of a farm which in­ corn and grain sorghums—shall be the owner of the farm covered by the appli­ cludes land returned to agricultural pro- average of the 1959 and 1960 acreages of cation owns or operates any other farm ductioii after being acquired by an the commodity produced on the farm, in the United States for which a feed agency having the right of eminent do­ based upon information available to the grain base is established for the current main for which the total feed grain base county committee, as adjusted by the year. was pooled pursuant to Part 719 of this county committee to correct for abnor­ (iii) The type of soil and topography chapter, as amended, at least 3 years mal factors affecting production, and to of the land on the farm for which a have elapsed from the date the former

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 RULES AND REGULATIONS 12837 owner was displaced from the acquired for three consecutive years beginning in producer’s request in the county office. farm to the date the request for a new 1971, the total feed grain base shall be The producer may withdraw his request farm base is considered. reduced to zero. However, no feed grain at any time; however, during the period (viii) If a farm with a feed grain base base shall be reduced or lost through a request is in effect, the producer shall is reconstituted and the division of the failure to plant if all producers elect to be considered as having been timely and base, as designated by the farm owner, limit the acres for payment to the feed correctly notified of the contents of the leaves a divided part of the farm with grain planted and considered planted notice. Such notice will be on Form a zero base, such part shall not be eligi­ acreage as provided in § 775.14(i). ASCS-477-1, Notice of Allotment, Base ble for a new farm base for 3 years (g) National pool. Base acreage elimi­Acreages, Yields, and Rates (herein following the year the division became nated from farms under the provisions called Form 477-1). effective. of paragraph (f) of this section and § 775.9 Reconstitution of farms. (3) In establishing a new farm base, acreage removed from the eminent do­ the county committee shall take into main pool pursuant to Part 719 of this Farms shall be reconstituted and feed consideration the tillable acres, crop chapter, as amended, shall be placed in grain bases established therefor in ac­ rotation practices, type of soil, topog­ a national pool for distribution and ad­ cordance with Part 719 of this chapter, raphy, and the farming system to be justments in accordance with instruc­ as amended. Yields for farms which are followed by the operator, including the tions issued by the Deputy Ad­ reconstituted after yields are originally equipment and other facilities available ministrator. established shall be determined as fol­ for the production of feed grain under lows: such system, and shall limit the base to § 775.6 Farm yields and payment rates. (a) Combination: Multiply the com­ the feed grain acreage planned for the (a) Farm yields. The per acre farm modity base by the yield for each par­ farm for the current year. yield for corn and grain sorghums shall ent farm, and 'divide the sum of the re­ (4) Notwithstanding any other pro­ be the county yield for the commodity, sults for all parent farms by the sum of vision of this subpart, if the feed grain adjusted to reflect the farm productivity bases for the commodity on the parent planted and considered planted acreage for the commodity and established in farms. for the year a new farm base is estab­ accordance with instructions issued by (b) Division: Determine a yield in ac­ lished is less than 90 percent of the base, the Deputy Administrator. cordance with § 775.6. The weighted (i) the base for such year shall be re­ (b) Payment rates. (1) The payment average yields for all the farms resulting duced to the acreage planted and con­ rates for com and grain sorghums shall from the division are limited to the yield sidered planted to feed grains and be such as, together with the national for the parent farm, except for rounding. payments computed on the basis of such average market prices received by farm­ (c) Any Form 477 filed for a farm be­ reduced base and (ii) the total feed grain ers during the first 5 months of the mar­ fore it is reconstituted shall be canceled base for the succeeding year shall be keting year for those commodities, the and the farm operator notified of the limited to the acreage planted and con­ Secretary determines will not be less cancellation. A corrected Form(s) 477 sidered planted to feed grains for the than (i) $1.35 and $1.24 per bushel, re­ may be prepared for the farm(s) as prior year. Bases by commodities for the spectively, or (ii) 70 per centum of the properly constituted even though this ac­ succeeding year shall be established in parity price for each commodity as of tion is necessary after the final date for proportion to the acreage devoted to the beginning of the marketing year, filing Form 477 as specified in § 775.11(c). each feed grain in the prior year. whichever is the greater. The “market­ § 775.10 Requirements for eligibility. (5) The total new farm bases ap­ ing year’’ means the 12-month period proved in a State in the current year beginning October 1 of the current year (a) General. A person is eligible for shall not exceed 1 percent of the total and ending September 30 of the succëed- the program if he is a producer on a farm feed grain base acreage for all farms in ing year. which meets the requirements of para­ graph (b) of this section and he fulfills the State. No part of that 1 percent (2) The per acre farm payment rate shall be allocated to a farm to reflect the requirements of paragraph (c) of this for com and grain sorghums shall be section. new cropland brought into production determined by multiplying the farm yield after November 30, 1971. (b) Farm requirements. (1) a Form established for the commodity as pro­ 477 must be filed for the farm by the op­ (e) Restrictive lease adjustment. A vided in paragraph (a) of this section by feed grain base determined for any com­ erator in accordance with § 775.11. the payment rate established in accord­ (2) An acreage equal to 20 percent of modity under the preceding provisions ance with subparagraph (1) of this of this section shall, for the current year the total feed grain base must be set paragraph. aside from production and devoted to only, be adjusted downward to the (3) The preliminary per acre farm acreage permitted under a restrictive approved conservation uses: Provided, payment rate for corn and grain sor­ That a producer whose payments under lease on land owned by the Federal ghums shall be determined by multiply­ Government. the program are reduced because of the (f) Reduced bases. (1) The feed grain ing the farm yield established for the $55,000 payment limitation may request base shall be reduced (i) to the extent commodity as provided in paragraph (a) a downward adjustment'in the set-aside of this section by 32 cents for com and requirement pursuant to the provisions requested in writing by the farm owner 29 cents for grain sorghums. not later than the closing date for filing in Part 795 of this chapter: Provided fur­ Form 477 and (ii) to zero for farms § 7 7 5 .7 County yields. ther, That if at least 55 per centum of the permanently removed from agricultural cropland acreage on an established sum­ County yields will be issued as an mer fallow farm is devoted to a summer production as determined by the county amendment to this subpart. committee. fallow use, no further acreage shall be (2) If the current year’s feed grain § 775.8 Notice o f base acreages, yields, required to be set aside on the farm. planted and considered planted acreage and payment rates. (3) The acreage set aside from pro­ is less than 45 percent of the total feed Each operator interested in the feed duction as stated on Form 477 must be grain base, the feed grain base for the grain crop on a farm for which a feed devoted to one or more approved con­ succeeding year shall be reduced by the grain base is established shall be notified servation uses specified in Part 792 of percentage by which the planted and in writing of the commodity base acre­ this chapter, as amended, or to alternate considered planted acreage is less than age, the established yield per acre for crops and the operator must comply with one-half the total feed grain base for com and grain sorghums, as applicable, the limitations on the use of such acreage the current year, but such reduction shall the preliminary per acre payment rates, also specified in such part. not exceed 20 percent of the total feed and the conserving base for the farm: (4) In addition to the acreage re­ grain base. In making any such reduc­ Provided, That the notice shall not be ferred to in subparagraph (3) of this tion, commodity bases shall be reduced mailed to any producer who has filed a paragraph, an acreage equal to the con­ proportionately. If the feed grain planted written request that he not be furnished serving base established for the farm and considered planted acreage is zero the notice but it shall be filed with the under Part 792 of this chapter, as

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12838 RULES AND REGULATIONS amended, must be devoted to one or more farm if he wishes to participate in the and the county committee determines of the conservation uses specified in such program. that the producers and the farm are in part. Acreage designated as diverted or (b) Where to file. Form 477 shall be compliance with such requirements. The set aside under any other Federal acre­ filed with the office of the county com­ certification of compliance after May l age reduction program shall not be mittee having jurisdiction over the of the year following the current year counted toward maintaining the conserv­ county where the farm is located. shall not be accepted by the county com­ ing base unless authorized in the regula­ (c) When to file. Form 477 shall be mittee unless prior approval of the State tions governing such program or Part filed within the period authorized by the committee is obtained. 792 of this chapter, as amended. Deputy Administrator. Notwithstanding (b) Except as otherwise provided (5) In the case of any farm participat­ the foregoing, the closing date may be herein and in Part 791 of this chapter, ing in the CRP, CCP, CAP, or RCP, the extended by the county committee if the as amended, payment shall not be made acreage of feed grains and other non­ producers on the farm establish to the for a farm or to a producer when there conserving crops other than approved satisfaction of the county committee that is failure to comply fully with the regu­ alternate crops on acreage set aside they intended to participate in the pro­ lations in this subpart. under this program, the wheat set-aside gram and the failure to file by such date (c) Except as provided in paragraph program, and the upland cotton set-aside was not due to the fault or negligence (i) of this section, the payments with program, plus the acreages set aside of the producers. respect to a farm shall be determined under such programs, shall not exceed (d) Withdrawal and revision. The by multiplying 50 per centum of the the smallest number of acres of non­ operator may, upon approval of the feed grain base for each commodity by conserving crops permitted under the county committee, withdraw Form 477 the applicable per acre farm payment CRP, CCP, CAP, and RCP. by filing a written notice of withdrawal rate as determined in accordance with (6) Land owned by the Federal Gov­ of the form with the county committee, § 775.6(b) (2). ernment which has been leased subject to except that the form may not be with­ (d) A preliminary payment will be restrictions prohibiting the production of drawn after the operator certifies to pro­ made to producers as soon as practicable feed grains, or requiring the use of land gram acreage on the farm which is found after July 1 of the year in which the for other purposes, or prohibiting the by measurement to be erroneous by an crop is harvested. The preliminary pay­ receipt of Federal payments for diversion amount exceeding the tolerance, if any, ment shall be determined by multiplying or set aside of such acreage will not be authorized under provisions of Part 718 50 per centum of the feed grain base for eligible for participation in the program. and Part 791 of this chapter, as amend­ each commodity by the applicable pre­ Any other land owned by the Federal ed. If Form 477 is withdrawn, the pro­ liminary per acre farm payment rate as Government which is being occupied ducers on the farm may, not later than determined in accordance with § 775.6 without a lease, permit, or other right of the closing date, file a new Form 477. If (b) (3). The payment so made shall not possession or land in a national wildlife the farm is reconstituted or if a revised be reduced if the rate as finally deter­ refuge shall not be eligible for participa­ feed grain base notice is issued for any mined in § 775.6(b)(2) is léss than the tion in the program. reason, the operator shall have 15 days rate of the preliminary payment. (7) Producers on a farm shall not be after the mailing date of such notice of (e) Subject to the provisions of the eligible for participation in the program reconstitution or revised feed grain base payment limitation regulations in Part if the county committee determines that to file a new Form 477. 795 of this chapter, the total earned (i) the farm would not normally be payment due each eligible producer § 775.12 Designation, use, and care of operated as a grain producing farm or set-aside acreage. under the program shall be determined (ii) the farm is located in an area con­ by multiplying the total earned payment sidered by the county committee as pre- The regulations governing the desig­ for the farm by the producer’s share doihinantly nonagricultural. nation, use, and care of land set aside of such payment. (c) Producer eligibility requirements. from production under this program and (f) If a. producer elects to devote the (1) The producer must be a person who approved conservation uses thereon are set-aside acreage to approved alternate as landowner, landlord, tenant, or share­ set forth in Part 792 of this chapter, as crops in accordance with §§ 775.1(a) and cropper shares in the corn or grain sor­ amended. 775.2(n), a reduction shall be made in ghums produced in the current year or § 775.13 Determinations of compliance. the payments otherwise computed for the the proceeds therefrom) on a farm meet­ farm. The per acre reduction for set- ing the requirements of paragraph (b) (a) Determination of the acreage de­ aside acreage devoted to approved alter­ of this section or would have shared in voted to feed grains and of the acreage nate crops is $10. one or both of these commodities if feed designated as set-aside acreage shall be (g) If a producer declines, for per­ grains had been produced on such farm made in accordance with Part 718 of this sonal reasons, to accept all or any part in the current year. chapter, as amended. of his share of the payment computed (b) A representative of the county for a farm in accordance with the pro­ (2) A minor will be eligible to par­committee or the State committee or any ticipate in the program only if (i) the visions of this section, such payment or authorized representative of the Secre­ portion thereof shall not become avail­ right of majority has been conferred on tary shall have the right at any reason­ him by court proceedings; or (ii) a able for any other producer on the farm. able time to enter a farm, concerning (h) Payments to any producer which guardian has been appointed to manage which representations have been made his property and the applicable docu­ exceed the total payment he earns under on any forms filed under the program, in the program with respect to any farm ments are signed by the guardian; or order to measure the acreage planted to (iii) a bond is furnished under which a shall be refunded to the Commodity feed grains and the acreage which the Credit Corporation, and if for any reason surety guarantees to protect the Com­ operator designated as being devoted to modity Credit Corporation from any loss such earned payment is zero, he shall approved conservation uses on the farm, pay interest at the rate of 6 percent per incurred for which the minor would be to examine any records pertaining there­ liable had he been an adult. Notwith­ annum on the amount of the refund from to, and otherwise to determine the accu­ the issue dates of the sight drafts to the standing the foregoing, payment may be racy of a producer’s representation and made to a minor after December 31 date the payments are refunded. The the performance of his obligations under provisions of the foregoing sentence re­ of the current year upon a determina­ the program. tion by the county committee that the quiring the payment of interest when minor has met the requirements of the § 775.14 Payments. no payment is earned shall not apply program. (a) Payments of any amounts due theif the producer earns any wheat market­ producers on a farm shall be made after ing certificates for the farm. § 775.11 Intention to participate in the (i> Producers otherwise eligible for program. they sign Form 477, the farm operator payment may elect to limit the acres for (a) Who may file. A Form 477 mustcertifies that the farm is in compliance payment to the feed grain planted and be filed by the operator of an eligible with the requirements of the program, considered planted acreage in order to

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 RULES AND REGULATIONS 12839

protect the feed grain base from reduc­ committee, to have knowingly (1) made Effective date: Upon publication in the tion due to failure to plant. The acres a false report of the feed grain, wheat, F ederal R egister (7-8-71). for payment shall be proportionate to or upland cotton acreage on a farm par­ each commodity of the base. Signed at Washington, D.C., on ticipating in the programs for such com­ June 30, 1971. modities, (2) falsely certified compliance § 775.15 Division o f payments and addi­ K e n n e t h E. F r ic k , tional provisions relating to tenants with other provisions of the feed grain, Administrator, Agricultural Sta­ and sharecroppers. wheat, or upland cotton set-aside pro­ bilization and Conservation gram, or (3) obstructed the county com­ Service. The regulations relating to the division mittee’s eiforts to determine compliance of payments and additional provisions with the feed grain, wheat, or upland cot­ [FR Doc.71-9609 Filed 7-7-71;8:48 am] relating to tenants and sharecroppers are ton set-aside program, shall not be en­ set forth in Part 794 of this chapter, titled to receive program benefits under as amended. SUBCHAPTER D— PROVISIONS COMMON TO the feed grain set-aside program, the up­ MORE THAN ONE PROGRAM § 775.16 Successors-in-interest. land cotton set-aside program, and the wheat set-aside program for the year in PART 794— DIVISION OF PAYMENTS (a) In the case of death, incompetency, which such action occurred and shall re­ AND CERTIFICATES or disappearance of any producer whose fund any payment and return any wheat name appears on Form 477, the pay­ marketing certificates received by him, The regulations governing Division of ment due him shall be made to his suc­ Payments and Certificates, 32 F.R. 19155, cessor as determined in accordance with or in the case of certificates, pay the value thereof, to the Commodity Credit as amended, are revised, effective with the regulations in Part 707 of this chap­ Corporation. the 1971 program year: The material pre­ ter, as amended. viously appearing in these sections re­ (b) When any person who had an in­ (d) The provisions of this section shall be applicable in addition to any liability mains in full force and effect as to the terest as a producer of feed grains or programs to which it was applicable. would have had an ’interest as a pro­ under criminal and civil fraud statutes. Sec. ducer if feed grains had been produced § 775.18 Setoffs and assignments. 794.1 Applicability. (herein called “predecessor” ) is suc­ (a) Producer indebtedness. The regu- 794.2 Division of program payments and ceeded on the farm by another producer tions issued by the Secretary governing wheat marketing certificates. (herein called “successor” ) after Form setoffs and withholdings, Part 13 of this 794.3 Additional provisions relating to 477 has been filed, the payment to the title, as amended, shall be applicable to tenants and sharecroppers. predecessor and successor shall be di­ this program. A u th ority : The provisions of this Part 794 vided between them on such basis as (b) Assignments. Payments may be issued under sec. 105, 84 Stat. 1368; sec. 379b, they agree is fair and equitable. If such assigned only to the Farmers Home Ad­ 84 Stat. 1362; sec. 103, 84 Stat. 1374; 7 U.S.C. persons are unable to agree to a division ministration in accordance with instruc­ 1441 note, 7 U.S.C. 1379b, 7 U.S.C. 1444. of the payment, the payment shall be is­ tions issued by the Deputy Administra­ § 794.1 Applicability. sued to the producer who has the interest tor. in the crop at the time of harvest, and This part is applicable to the 1971, if the crop is completely destroyed prior § 775.19 Appeals. 1972, and 1973 Feed Grain Set-Aside to harvest, the payment shall be issued to A producer may obtain reconsideration Program, Part 775 of this chapter, as the producer who had the interest at the and review .of determinations made ¡amended; the 1971,1972, and 1973 Wheat time of destruction of the crop. under this subpart in accordance with Set-Aside Program, Part 728 of this (c) In any case where any payment due the Appeal Regulations, Part 780 of this chapter, as amended; the 1971, 1972, and any successor producer has previously chapter, as amended. 1973 Upland Cotton Set-Aside Program, been paid to the producer who filed Form Part 722 of this chapter, as amended; and 477, such payment shall not be paid to § 775.20 Performance based upon ad­ all other programs to which this part is the successor producer unless it is recov­ vice or action of county or State made applicable by individual program ered from the producer to whom it has committee. regulations. been paid or payment is authorized by The provisions of Part 790 of this chap­ § 794.2 Division of program payments the Deputy Administrator. ter relating to performance based upon and wheat marketing certificates. action or advice of an authorized rep­ § 775.17 Scheme or device and fraudu­ (a) General. Each person on a par­ lent representation. resentative of the Secretary shall be ap­ plicable to this subpart. ticipating farm shall be given the oppor­ (a) A producer who is determined by tunity to participate in the program in the State committee, or the county com­ § 775.21 Supervisory authority o f State proportion to his interest in the crops mittee with the approval of the State committee. covered by the Intention to Participate committee, to have adopted any scheme The State committee may take any and Payment Application, hereinafter or device which tends to defeat the pur­ action required by these regulations called “intention form”, or the interest pose of the feed grain set-aside program which has not been taken by the county he would have had if the crops had been shall not be entitled to receive payments committee. The State committee may produced. His name shall be listed on the under the program for the year with re­ also (a) correct, or require a county intention form together with the share spect to which the scheme or device was committee to correct, any action taken of any program payment and wheat mar­ adopted and shall refund to the Com­ by such county committee which is not keting certificates which he is to receive. modity Credit Corporation any payments in accordance with the regulations of If he refuses or fails to sign the intention received by him. this subpart, or (b) require a county form, the share of the payment or cer­ (b) The making of a fraudulent rep­ committee to withhold taking any action tificates to which he would otherwise be resentation by a person in the program which is not in accordance with the reg­ entitled shall nevertheless be shown on documents or otherwise for the purpose ulations of this subpart. the form. Federal agencies can earn no of obtaining payments shall render the program payments or certificates but any person liable for a refund to the Com­ § 775.22 Delegation o f authority. shares to which they would otherwise be modity Credit Corporation of the pay­ No delegation herein to a State or entitled shall also be shown on the form ments received by him with respect to county committee shall preclude the Ad­ as though they were earning them. The which the fraudulent representation was ministrator, ASCS, or his designee, from sum of the percentage shares of the pro­ made. determining any question arising under gram payment shall equal 100 percent (c) A producer who is determined by the program or from reversing or modi­ and the sum of the percentage shares of the State committee, or the county com­ fying any determination made by a State wheat marketing certificates shall equal mittee with the approval of the State or county committee. 100 percent.

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12840 RULES AND REGULATIONS

(b) Division of program, payment or was entered into in anticipation of par­ 35 F.R. 16625), regulating the handling wheat marketing certificates. Each pro­ ticipating in the program, the effect of of Valencia oranges grown in Arizona ducer’s share of the farm program pay­ which is: and designated part of California, effec­ ment or wheat marketing certificates for (i) To cause the tenant or sharecrop­ tive under the applicable provisions of a crop shall be based on (1) his share of per to pay over to the landlord or oper­ the Agricultural Marketing Agreement the crop on the farm, or the proceeds ator any payments or Wheat marketing Act of 1937, as amended (7 U.S.C. 601- thereof, or (2) if no crop is produced, the certificates earned by him under the 674), and upon the basis of the recom­ share which he would have received had program; mendations and information submitted the crop been produced. Notwithstanding (ii) To change the status of any tenant by the Valencia Orange Administrative the foregoing sentence, except in the case or sharecropper so as to deprive him of Committee, established under the said of a small farm payment under the up­ any payments, wheat marketing certif­ amended marketing agreement and or­ land cotton program, a different division icates, or other right which he would der, and upon other available informa­ which is fair and equitable may be ap­ otherwise have had under the program; tion, it is hereby found that the limita­ proved by the county committee if all (iii) To reduce the size of the tenant’s tion of handling of such Valencia producers who would otherwise share in or sharecropper’s producer unit; or oranges, as hereinafter provided, will the payment or certificates agree to the (iv) To increase the rent to be paid tend to effectuate the declared policy of division in writing. Where such different by the tenant or decrease the share of the act. division involves a question of fair treat­ the crop or its proceeds to be received (2) It is hereby further found that it ment for tenants and sharecroppers or by the sharecropper. is impracticable and contrary to the pub­ persons subject to the $55,000 payment (4) The landlord or operator has limitation in Part 795 of this chapter, the lic interest to give preliminary notice, adopted any other scheme or device for engage in public rule-making procedure, county committee may approve the divi­ the purpose of depriving any tenant or sion only with the concurrence of the and postpone the effective date of this sharecropper of the payments or wheat section until 30 days after publication State committee. A different division of marketing certificates to which he would hereof in the F ederal R egister (5 U.S.C. the payments and certificates may also be otherwise be entitled under the program. approved by the county committee when 553) because the time intervening be­ required by the provisions pertaining to If any of such conditions occur or are tween the date when information upon successors-in-interest in the applicable discovered after approval of the inten­ which this section is based became avail­ program regulations. tion form, all or such part as the State able and the time when this section must (c) Refund payments and wheat mar­ committee may determine of the pay­ become effective in order to effectuate the keting certificates not properly divided. ments or wheat marketing certificates declared policy of the act is insufficient, Payments and wheat marketing certifi­ which have been received by the pro­ and a reasonable time is permitted, un­ cates which producers receive with re­ ducers shall, in the case of payments, be der the circumstances, for preparation spect to which they are determined not refunded and, in the case of certificates, for such effective time; and good cause to be entitled shall, in the case of pay­ returned, or the value thereof paid, to exists for making the provisions hereof ments, be refunded and, in the case of the Commodity Credit Corporation. effective as hereinafter set forth. The certificates, returned, or the value there­ (b) Notwithstanding any other provi­committee held an open meeting dining of paid, to the Commodity Credit Cor­ sion of this section, a landlord or opera­ the current week, after giving due notice poration. In the event of fraud, the pro­ tor who in the past had tenants or thereof, to consider supply and market ducer shall be subject to the provisions sharecroppers on his land for purposes conditions for Valencia oranges and the pertaining to fraudulent representation of producing the crop covered by the in­ need for regulation; interested persons in the applicable program regulations. tention form and such individuals are were afforded an opportunity to submit now classified as employees subject to information and views at this meeting; § 794.3 Additional provisions relating to the minimum wage provisions under the the recommendation and supporting in­ tenants and sharecroppers. Pair Labor Standards Act, may pay these formation for regulation during the pe­ (a) An intention form shall not beindividuals on a wage basis and this ac­ riod specified herein were promptly sub­ approved for the current year if the tion will not be considered as reducing mitted to the Department after such county committee determines that any of the number of tenants or sharecroppers. meeting was held; the provisions of this the conditions specified below exist: Effective date: Upon publication in the section, including its effective time, are (1) The landlord or operator has not F ederal R egister (7-8-71). identical with the aforesaid recommen­ given his tenants and sharecroppers an dation of the committee, and information opportunity to participate in the Signed at Washington, D.C., on concerning such provisions and effective program; June 30, 1971. time has been disseminated among han­ (2) The number of tenants and share­ K e n n e th E. F r ic k , dlers of such Valencia oranges; it is croppers on the farm is reduced by the Administrator, Agricultural Sta­ necessary, in order to effectuate the de­ landlord or operator below the number bilisation and Conservation clared policy of the act, to make this on the farm in the year prior to the cur­ Service. section effective during the period herein rent year in anticipation of or because [FR Doc.71-9610 Filed 7-7-71; 8:4$ am] specified; and compliance with this sec­ of participating in the program. This tion will not require any special prepara­ provision shall not apply to: tion on the part of persons subject hereto (i) A tenant or sharecropper who Chapter IX— Consumer and Market­ which cannot be completed on or before leaves the farm voluntarily or for some ing Service (Marketing Agreements the effective date hereof. Such commit­ reason other than being forced off the and Orders; Fruits, Vegetables, tee meeting was held on July 6, 1971. farm by the landlord or operator in Nuts), Department of Agriculture (b) Order. (1) The respective quanti­ anticipation of or because of participat­ ties of Valencia oranges grown in Ari­ ing in the program; or [Valencia Orange Reg. 356] zona and designated part of California (ii) A cash tenant, standing-rent ten­ PART 908—-VALENCIA ORANGES which may be handled during the period ant, or fixed-rent tenant unless such GROWN IN ARIZONA AND DESIG­ July 9 through July 15, 1971, are hereby tenant was living on the farm in the year fixed as follows: immediately preceding the current year NATED PART OF CALIFORNIA (1) District 1: 104,000 Cartons; or received 50 percent or more of his Limitation of Handling (ii) District 2: 346,000 Cartons; income in such year from farming. (iii) District 3: Unlimited. (3) There exists between the operator § 908.656 Valencia Orange Regulation (2) As used in this section, “handler”, or landlord and any tenant or share­ 356. “District 1”, “District 2”, “District 3”, cropper, any lease, contract, agreement, (a) Findings. (1) Pursuant to the mar­and “carton” have the same meaning as or understanding unfairly exacted or re­ keting agreement, as amended, and Or­ when used in said amended marketing quired by the operator or landlord which der No. 908, as amended (7 CFR Part 908, agreement and order.

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 RULES AND REGULATIONS 12841

(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. [Pear Reg. 1] mation and views at this meeting; the 601-674) PART 917— FRESH PEARS, PLUMS, recommendation and supporting infor­ Dated: July 6,1971. mation for regulation during the period AND PEACHES GROWN IN CALI­ specified herein were promptly submitted P aul A . N ic h o l s o n , FORNIA to the Department after such meeting Deputy Director, Fruit and Veg­ Limitation of Shipments was held; shipments of the current crop etable Division, Consumer and of such pears are expected to begin on or Marketing Service. Findings. (1) Pursuant to the amend­ about the effective date hereof ; this reg­ [FR Doc.71-9763 Filed 7-7-71; 11:48 am] ed marketing agreement and Order No. ulation should be applicable to all such 917 (7 CFR Part 917; 36 F.R. 7510), shipments in order to effectuate the de­ regulating the handling of fresh pears, clared policy of the act; the provisions of [Lemon Reg. 486, Arndt. 1] plums, and peaches grown in California, this regulation are identical with the PART 910— LEMONS GROWN IN effective under the applicable provisions aforesaid recommendation of the com­ CALIFORNIA AND ARIZONA of the Agricultural Marketing Agreement mittee; information concerning such Act of 1937, as amended (7 U.S.C. 601- provisions and effective time has been Limitation of Handling 674), and upon the basis of the recom­ disseminated among handlers of such mendations of the Pear Commodity Com­ (a) Findings. (1) Pursuant to the pears; and compliance with the provi­ mittee, established under the aforesaid sions of this regulation will not require marketing agreement, as amended, and amended marketing agreement and of handlers any preparation therefor Order No. 910, as amended (7 CFR Part order, and upon other available informa­ which cannot be completed by the effec­ 910; 36 F.R. 9061), regulating the han­ tion, it is hereby found that the limita­ tive time hereof. dling of lemons grown in California and tion of shipments of pears, as hereinafter Arizona, effective under the applicable provided, will tend to effectuate the de­ § 917.425 Pear Regulation 1. provisions of the Agricultural Marketing clared policy of the act. (a) Order. During the period July 9, Agreement Act of 1937, as amended (7 (2) The recommendations by the Pear 1971, through August 8, 1971, no handler U.S.C. 601-674), and upon the basis of Commodity Committee reflect its ap­ shall ship: the recommendations and information praisal of the 1971 California pear crop (1) Any box or container of Bartlett, submitted by the Lemon Administrative and the prospective marketing factors Max Red (Max-Red Bartlett, Red Bart­ Committee, established under the said affecting the supply of and demand for lett) , or Rosired (Rosired Bartlett) vari­ amended marketing agreement and pears by grades and sizes thereof. The eties of pears unless at least 85 percent, order, and upon other available infor­ volume of the developing California pear by count, of the pears contained in such mation, it is hereby found that the lim­ crop and the size and quality of the fruit box or container grade at least U.S. No. 1 with the remainder thereof grading not itation of handling of such lemons, as are such that the minimum size and grade requirements, hereinafter speci­ less than U.S. No. 2 ; hereinafter provided, will tend to effec­ fied, are necessary to (1) establish and (2) Any box or container of Bartlett, tuate the declared policy of the act. maintain returns to producers consistent Max-Red (Max-Red Bartlett, Red Bart­ (2) It is hereby further found that itwith the declared policy of the act by lett) , or Rosired (Rosired Bartlett) var is impracticable and contrary to the preventing the shipment of less desirable rieties of pears unless such pears are of public interest to give preliminary notice, pears to fresh market outlets and (2) a size not smaller than the size known engage in public rule-making procedure, provide consumers with pears of the most commercially as size 165. desirable size and quality. The effective and postpone the effective date of this (3) Any box or container of pears of date of July 9, 1971, is necessary to pre­ any variety unless such box or container amendment until 30 days after publica­ vent the shipment of immature fruit. The is stamped or otherwise marked, in plain tion hereof in the F ederal R egister (5 container marking requirements, includ­ sight and in plain letters, on one outside U.S.C. 553) because the time intervening ed herein, are necessary to assure that end with the name of the variety, if between the date when information containers are properly marked as to known, or when the variety is not known, variety for inspection identification. upon which this amendment is based be­ the words “unknown variety.” came available and the time when this (3) It is hereby further found that it (b) Definitions. (1) Terms used in the is impracticable, unnecessary, and con­ amended marketing agreement and order amendment must become effective in trary to the public interest to give pre­ shall, when used herein, have the same order to effectuate the declared policy of liminary notice, engage in public rule- meaning as is given to the respective term the act is insufficient, and this amend­ making procedure, and postpone the in said amended marketing agreement ment relieves restriction on the handling effective date of this regulation until 30 and order. of lemons grown in California and days after publication thereof in the (2) “Size known commercially as size F ederal R egister (5 U.S.C. 553) in that, 165” means a size of pear that will pack Arizona. as hereinafter set forth, the time inter­ (b) Order, as amended. The pro­ in standard pear box, packed in accord­ vening between the date when informa­ ance with the specifications of a standard visions in paragraph (b )(1) (ii) of tion upon which this regulation is based pack, with 165 pears and with the 22 § 910.786 (Lemon Reg. 486; 36 F.R. became available and the time when this smallest pears weighing not less than 5% 12163) during the period June 27, 1971, regulation must become effective in or­ pounds. der to effectuate the declared policy of through July 3,1971, are hereby amended the act is insufficient; a reasonable time (3) “Standard pear box” means the to read as follows: container so designated in Section 43599 is permitted, under the circumstances, of the Agricultural Code of California. § 910.736 Lemon Regulation 486. for preparation for such effective time; and good cause exists for making the (4) “U.S. No. 1,” “U.S. No. 2,” and * * * * * “standard pack” shall have the same (b) Order. (1) * * * provisions hereof effective not later than July 9, 1971. A reasonable determina­ meaning as when used in the U.S. Stand­ (ii) District 2: 325,000 cartons. tion as to the supply of, and the demand ards for Pears (Summer and Fall), 7 * * * * * for, such pears must await the develop­ CFR 51.1260-51.1280. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. ment of the crop thereof, and adequate (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) information thereon was not available 601-674) Dated: July 2,1971. to the Pear Commodity Committee until Dated: July 2,1971. June 25, 1971, on which date an open P aul A. N ic h o l s o n , meeting was held, after giving due notice P aul A . N ic h o l s o n , Deputy Director, Fruit and Veg­ thereof, to consider the need for, and Deputy Director, Fruit and etable Division, Consumer and the extent of, regulation of shipments of Vegetable Division, Consumer Marketing Service. such pears. Interested persons were af­ and Marketing Service. [FR Doc.71-9608 Filed 7-7-71;8:49 am] forded an opportunity to submit infor­ [FR Doc.71-9692 Filed 7-7-71;8:51 am]

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 No. 131------3 12842 RULES AND REGULATIONS

Chapter XIV— Commodity Credit Cor­ 2. Paragraph (d) is added to § 1434.8 In consideration of the foregoing, and poration, Department of Agriculture to provide that when eligible and ineligi­ pursuant to the authority delegated to ble honey is commingled in the same bulk me by the Administrator (31 F.R. 13697), SUBCHAPTER B— LOANS, PURCHASES, AND storage tank, the entire contents of the § 39.13 of Part 39 of the Federal Aviation OTHER OPERATIONS tank is ineligible for loan. Regulations is amended by adding the [Arndt. 2] §1434.8 Ineligible honey. following new AD. PART 1434— HONEY * * * * * B eech. Applies to the following airplanes with 500 or more hours’ time in service, Subpart— Honey Price Support Regu­ (d) Commingled eligible and ineligible except those airplanes on which Part No. honey in bulk storage. Except for honey 50-610000-349 (left) and 50-610000-350 lations for 1970 and Subsequent Crops for which a commingled warehouse re­ (right) elevators have been installed: M iscellaneous A m en dm en ts ceipt drawn on an approved warehouse All Beech Model B90 and those 65- is issued, if a quantity of eligible honey is A90 airplanes which have had elevators The regulations issued by the Com­ commingled with a quantity of honey installed per Beech Kits No. 90-4031 M, modity Credit Corporation, published in which is ineligible for price support, the 90-4031-1 M or 90-4035 M. W 35 F.R. 11773 and 13077, and setting forth entire quantity of honey will be ineligible Compliance: Required as indicated. the requirements with respect to. price for loan. To prevent loss of elevator control, accom­ support for the 1970 and each subse­ plish the following: Effective date: Upon publication in the (A) W ithin 100 hours’ time in service quent crop of extracted honey for which after the effective date of this AD, and there­ F ederal R egister (7-8-71). a price support program is authorized, after at intervals not to exceed 200 hours’ are hereby amended as follows: Signed at Washington, D.C., on time in service from the date of the pre­ 1. Paragraph (b) of § 1434.4 isJune 30, 1971. vious inspection, visually inspect the aft face of the elevator spar web adjacent to the amended to provide that a producer re­ K e n n e th E. F r ic k , mains eligible for price support if he outboard hinge bracket on both elevators. Executive Vice President, If cracks are found as a result of the visual enters into a contract to sell his honey Commodity Credit Corporation. inspection, the elevator must be repaired or if the producer retains control of the [PR Doc.71-9638 Piled 7-7-71;8:50 am] replaced with a servicable part prior to fur­ honey and its production, risk of loss of, ther flight except that the airplane may be and title to the honey. The amendment flown in accordance with Federal Aviation reads as follows: Regulation 21.197 to a base where the repair or replacement can be performed. § 1434.4 Eligibility requirements. Title 14— AERONAUTICS (B) During the initial inspection required ***** herein, incorporate an inspection port and (b) Beneficial interest. To be eligible check the alignment of the hinge points on AND SPACE the stabilizer in accordance with Beech for price support, the beneficial interest Service Instructions 0423-133 or an equiva­ in the honey must be in the producer Chapter I— Federal Aviation Adminis­ lent approved by the Chief, Engineering and tendering it as security for a loan or for tration, Department of Transportation Manufacturing Branch, FAA, Central Region. purchase and must have always been [Docket No. 71-CE-6-AD; Amdt. 39-1241] This amendment becomes effective in him or in him and a former producer July 8,1971. whom he succeeded as owner of the bees PART 39—-AIRWORTHINESS before the honey was extracted, except DIRECTIVES (Secs. 313(a), 601, 603, Federal Aviation Act that heirs who (1) succeed to the bene­ of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. Beech Models B90 and 65—A90 6(c), Department of Transportation Act, 49 ficial interest of a deceased producer, U.S.C. 1655(c)) (2) assume the decedent’s obligation un­ Airplanes der a loan if a loan has already been Issued in Kansas City, Mo., on June 28, A proposal to amend Part 39 of the 1971. obtained, and (3) assure continued safe Federal Aviation Regulations to include storage of the honey if under farm stor­ J o h n M. C y r o c k i, an Airworthiness Directive applicable to Director, Central Region. age loan, shall be eligible for price sup­ Beech Model 65-A90 airplanes which port as producers whether such succes­ have been altered to incorporate Beech [FR Doc. 71-9581 F iled 7-7-71;8:46 am] sion occurs before or after extraction Model B90 elevators and to all Beech of the honey. A producer shall not be Model B90 airplanes, was published in the [Airworthiness Docket No. 71-W E-14-AD; considered to have divested himself of F ederal R egister on May 11, 1971 (35 Amdt. 39-1242] the beneficial interest in the honey if he F.R. 8695, 8696). The proposed AD would PART 39— AIRWORTHINESS enters into a contract to sell, or gives require within 100 hours’ time in service an option to sell, his commodity if, under after the effective date of the AD a vis­ DIRECTIVES the contract or option, he retains control, ual inspection of the elevator spar web Certain DeHavilland Model DHC—6 risk of loss, and title to the honey sub­ adjacent to the outboard hinge bracket Series Airplanes ject to such agreements, and retains on both elevators of the above- control of its production. If price sup­ mentioned model airplanes with 500 or Pursuant to the authority delegated to port is made available through an ap­ more total hours time in service, and me by the Administrator (31 F.R. 13697), proved cooperative marketing associa­ thereafter at 200-hour intervals. In order an airworthiness directive was adopted tion, the beneficial interest in the honey to conduct the initial inspection, an in­ on June 23, 1971, and made effective must always have been in the producer spection port must be provided per upon receipt of the AD by letter dated members who delivered the honey to the Beechcraft Service Instruction 0423-133. June 24, 1971, from the FAA Aeronau­ approved cooperative or its member co­ The proposed AD further would require tical Center, as to all known U.S. oper­ operatives or must always have been in a one time hinge alignment check jn ac­ ators of DeHavilland Model DHC-6 series them and former producers whom they cordance with said Service Instruction. airplanes with JB Systems Aircondi- succeeded before the honey was ex­ If cracks are found as a result of the tioner installed in accordance with STC tracted, except as provided in the case inspections required by this AD, the ele­ SA1837WE. The directive requires the of heirs of a deceased producer. Honey vator must be repaired or replaced with airconditioner to be deactivated until the acquired by a cooperative marketing as­ a serviceable part before further flight. F.S. 281 Bulkhead and other areas are sociation shall not be eligible for price When Part No. 50-610000-349 (left) and sealed in accordance with JB Systems support if the producer members who 50-610000-350 (right) elevators have Service Bulletin No. Oil, dated June 8, delivered the honey to the cooperative been installed on these model airplanes, 1971. or its member cooperatives do not retain the AD will no longer apply. Since it was found that immediate cor­ the right to share in the proceeds from Interested persons have been afforded rective action was required, notice and the marketing of the honey as provided an opportunity to participate in the public procedure thereon was imprac­ in Part 1425 of this chapter. making of the amendment. No written ticable and contrary to the public inter­ * * * * * comments were received. est and good cause existed for making

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 RULES AND REGULATIONS 12843 the airworthiness directive effective as H opkinsville, K y . v [Airspace Docket No. 71-W E -37] to all known U.S. operators of DeHavil- Within a 5-mile radius of Campbell AAF PART 71— DESIGNATION OF FEDERAL land Model DHC-6 series airplanes upon (lat. 36°40'23" N., long 87*29'27" W .); within 1.5 miles each side of Campbell TACAN AIRWAYS, AREA LOW ROUTES, receipt of individual letters dated June CONTROLLED AIRSPACE, AND RE­ 24, 1971. These conditions still exist and 053° radial, extending from the 5-mile-radius zone to 5.5 miles northeast of the TACAN; PORTING POINTS the airworthiness directive is hereby within 1.5 miles each side of the 224° bear­ published in the F ederal R egister as an ing from Campbell RBN, extending from Alteration of Transition Area amendment to § 39.13 of Part 39 of the the 5-mile-radius zone to 0.5 mile southwest Federal Aviation Regulations to make it of the RBN; within a 5-mile radius of Out­ The military TACAN navigation facil­ effective as to all persons. law Field, Clarksville, Tenn. (lat. 3 6°37'15" ity at Siskiyou County Airport was de­ N., long. 87°24'52" W .); within 3 miles each commissioned in April 1971 and asso­ DeHavtlland Aircraft of Canada, Ltd. Ap­ side of Clarksville VOR 171° radial, extend­ ciated instrument approach procedures plies to DeHavilland Model DHC-6 Se­ ing from the 5-mile-radius zone to 8.5 miles ries airplanes modified in accordance were cancelled. The requirement for the south of the VOR. with JB Systems, Inc., STC SAi837WE. control zone no longer existed and action Compliance required within the next 10 In §71.181 (36 F.R. 2140), the Hop­ was taken to cancel the control zone ef­ hours’ time in service after the effective kinsville, Ky., transition area is amended fective August 19, 1971. date of this AD. to read : Further review of the airspace require­ To prevent possible explosion in bays 9 Hopkinsville, K y . ments for Siskiyou County Airport, Mon­ and 10 due to the operation of electrical tague, Calif., revealed that the current components, accomplish the following, un­ That airspace extending upward from 700 less already accomplished: feet above the surface within an 8.5-mile Montague, Calif., transition area could Deactivate the JB Systems air conditioner radius of Campbell AAF (lat. 36°40'23" N., be altered releasing additional desig­ by disconnecting the source of power at the long. 87°29'27" W .); within 3 miles each side nated controlled airspace to general avi­ distribution bus, until the F.S. 281 bulkhead of the 044° bearing from Campbell RBN, ation VFR pilots. Action is taken herein and other areas are sealed, per JB Systems, extending from the 8.5-mile-radius area to to reflect this change. Inc., Service Bulletin No. Oil, dated June 8.5 miles northeast of the RBN; within an Since this amendment would be less 8, 1971, or later FAA-approved revisions, 8.5-mile radius of Outlaw Field, Clarksville, restrictive in nature and imposes no ad­ or an equivalent sealing process is performed Tenn; (lat. 36°37'15" N„ long. 87°24'52" W .). ditional burden on any person, notice upon approval by the Chief, Aircraft Engi­ (Sec. 307(a), Federal Aviation Act of 1958, neering Division, FAA Western Region. and public procedure hereon are unnec­ 49 U.S.C. 1348(a); sec. 6 (c ), Department of essary. This amendment is effective upon publica­ Transportation Act, 49 UJS.C. 1655(c)) tion in thé Federal R egister, except for all In consideration of the foregoing in operators in receipt of this AD, by letter Issued in East Point, Ga., on June 29, § 71.181 (36 F.R. 2140) the Montague, dated June 24, 1971, from FAA Aeronautical 1971. Calif., transition area is amended to read Center, Oklahoma City, Okla. As to these J am es G. R ogers, as follows: operators, this AD is effective upon receipt Director, Southern Region. M ontague, Calif. of said letter. [FR Doc.71-9583 Filed 7-7-71;8:46 am] That airspace extending upward from 700 This amendment is effective upon pub­ feet above the surface within a 7-mile radius lication in the F ederal R egister (7-8-71 ) of Siskiyou County Airport (latitude 40°- except for those recipients of letters [Airspace Docket No. 71-SO -82] 46'55" N., longitude 122°28'00'' W .); that dated June 24, 1971, which contained airspace extending upward from 1,200 feet pa rt 71— DESIGNATION OF FEDERAL this amendment. above the surface within 9.5 miles east and AIRWAYS, AREA LOW ROUTES, 6 miles west of the 180° and 360° bearings (Secs. 313(a), 601, 603, Federal Aviation Act CONTROLLED AIRSPACE, AND RE­ from the Montague RBN, extending from 8 of 1958, 49 UJS.C. 1354(a), 1421, 1423; sec. miles north to 19 miles south of the RBN. 6(c), Department of Transportation Act, 49 PORTING POINTS U.S.C. 1655(c) ) Effective date. This amendment shall Alteration of Transition Area Issued in Los Angeles, Calif., on June be effective 0901 G.m.t., August 19, 28,1971. On May 19, 1971, a notice of proposed 1971. A rvin O . B a sn ig h t, rule making was published in the'F ed­ (Sec. 307(a), Federal Aviation Act of 1958, Director, FAA Western Region. eral R egister (36 F.R. 9076), stating that as amended, 49 U.S.C. 1348(a); sec. 6c, De­ the Federal Aviation Administration was partment of Transportation Act, 49 U.S.C. [FR Doc.71-9582 Filed 7-7-71;8:46 am] considering an amendment to Part 71 of 1655(c)) the Federal Aviation Regulations that [Airspace Docket No. 71-SO-81 ] Issued in Los Angeles, Calif., on June would alter the Raleigh, N.C., transition 28, 1971. PART 71— DESIGNATION OF FEDERAL area. Interested persons were, afforded an L ee E. W arren, AIRWAYS, AREA LOW ROUTES, Acting Director, Western Region. CONTROLLED AIRSPACE, AND RE­ opportunity to participate in the rule making through the submission of com­ [FR Doc.71-9585 Filed 7-7-71 ;8:46 am] PORTING POINTS ments. All comments received were Alteration of Control Zone and favorable. Transition Area In consideration of the foregoing, Part 71 of the Federal Aviation Regulations Title 16— COMMERCIAL On May 19, 1971, a notice of proposed is amended, effective 0901 G.m.t., Sep­ rule making was published in the F ed­ tember 16, 1971, as hereinafter set forth. PRACTICES eral R egister (36 F.R. 9075), stating that In § 71.181 (36 F.R. 2140), the Raleigh, the Federal Aviation Administration was N.C., transition area is amended as fol­ Chapter I— Federal Trade Commission considering an amendment to Part 71 of lows: “ * * * 18.5 miles southwest of the [Docket No. C—1934] the Federal Aviation Regulations that VORTAC * * is deleted and “ * * * would alter the Hopkinsville, Ky., con­ 18.5 miles southwest of the VORTAC; PART 13— PROHIBITED TRADE trol zone and transition area. within a 5-mile radius of Raleigh Mu­ PRACTICES Interested persons were afforded an nicipal Airport (lat. 35°44'05" N., long. opportunity to participate in the rule 78°39'23" W.) * * is substituted Art-Max Fabrics, Inc., et al. making through the submission of com­ therefor. Subpart—Importing, selling, or trans­ ments. All comments received were porting flammable wear: § 13.1060 Im­ favorable. (Sec. 307(a), Federal Aviation Act of 1958, 49 U.S.C. 1348(a); sec. 6 (c ), Department of porting, selling, or transporting flam­ In consideration of the foregoing, Part Transportation Act, 49 U.S.C. 1655 (c )) mable wear. 71 of the Federal Aviation Regulations is amended, effective 0901 G.m.t., Sep­ Issued in East Point, Ga., on June 29, (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret 1971. or apply sec. 5, 38 Stat. 719, as amended, 67 tember 16, 1971, as hereinafter set forth. Stat. I l l , as amended; 15 U.S.C. 45 1191) In §71.171 (36 F.R. 2055), the Hop­ W . B . R u cker, Acting Director, Southern Region. [Cease and desist order, Art-Max Fabrics, Inc., kinsville, Ky., control zone is amended et al., New York, N.Y., Docket No. C-1934, to read: [FR Doc.71-9584 Filed 7-7-71;8:46 am] June 2, 1971]

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12844 RULES AND REGULATIONS

In the Matter of Art-Max Fabrics, Inc., the results of such action. Such report its officers, and Hyman Stein, individu­ a Corporation, and Arthur Kahn shall further inform the Commission as ally and as an officer of said corporation, and Nathan Farbstein, Individually to whether or not respondents have in and respondents’ representatives, agents] and as Officers of Said Corporation inventory any product, fabric, or related and employees, directly or through any Consent order requiring, a New York material having a plain surface and made corporate or other device, do forthwith City retailer and wholesaler of fabrics to of paper, silk, rayon and acetate, nylon cease and desist from manufacturing for cease violating the Flammable Fabrics and acetate, rayon, cotton or any other sale, selling, or offering for sale, in com­ Act by importing and selling any fabric material or combinations thereof in a merce, or importing into the United which fails to conform to the standards weight of 2 ounces or less per square States, or introducing, delivering for in­ of said Act. yard, or any product, fabric or related troduction, transporting or causing to be The order to cease and desist, includ­ material having a raised fiber surface. transported, in commerce, or selling or ing further order requiring report of Respondents shall submit samples of not delivering after sale or shipment in com­ compliance therewith, is as follows: less than 1 square yard in size of any merce, any product, fabric, or related It is ordered, That respondents Art- such product, fabric, or related material material; or manufacturing for sale, sell­ Max Fabrics, Inc., a corporation, and its with this report. ing or offering for sale any product made officers, and Arthur Kahn and Nathan It is further ordered, That the re­ of fabric or related material which has Farbstein, individually and as officers spondents notify the Commission at been shipped or received in commerce, of said corporation, and respondents’ least 30 days prior to any proposed as “commerce,” “product,” “fabric,” or ^representatives, agents, and employees, change in the corporate respondent such “related material” are defined in the directly or through any corporate or as dissolution, assignment or sale result­ Flammable Fabrics Act, as amended, other device, do forthwith cease and ing in the emergence of a successor cor­ which product, fabric, or related ma­ desist from selling or offering for sale, in poration, the creation or dissolution of terial fails to conform to an applicable commerce, or importing into the United subsidiaries or any other change in the standard or regulation continued in ef­ States, or introducing, delivering for in­ corporation which may affect compli­ ance. fect, issued or amended under the pro­ troduction, transporting or causing to be visions of the aforesaid Act. transported in commerce, or selling or It is further ordered, That the respond­ ent corporation shall forthwith distribute It is further ordered, That respondents delivering after sale or shipment in com­ notify all of their customers who have merce, any product, fabric or related ma­ a copy of this order to each of its oper­ ating divisions. purchaser or to whom have been de­ terial; or selling or offering for sale, any livered the products which gave rise to product made of fabric or related ma­ It is further ordered, That the respond­ terial which has been shipped or received ents herein shall, within sixty (60) days this complaint of the flammable nature in commercé as the terms “commerce,” after service upon them of this order, file of said products, and effect recall of said “product,” “fabric,” and “related ma­ with the Commisson a report in writing products from such customers. terial” are defined in the Flammable setting forth in detail the manner and It is further ordered, That the respond­ Fabrics Act, as amended, which product, form in which they have complied with ents herein either process the products fabric or related material fails to con­ this order. which gave rise to the complaint so as form to an applicable standard or regu­ Issued: June 2,1971. to bring them into conformance with the lation continued in effect, issued or applicable standard of flammability un­ amended under the provisions of the By the Commission. der the Flammable Fabrics' Act, as aforesaid Act. [ seal] C harles A . T o b in , amended, or destroy said products. It is further ordered, That respondents Secretary. It is further ordered, That the re­ notify all of their customers who have [FR Doc.17-9594 Filed 7-7-71;8:47 am] spondents herein shall, within ten (10) purchased or to whom have been de­ days after service upon them of this livered the fabrics which gave rise to this order, file with the Commission a special complaint of the flammable nature of [Docket No. C-1921] report in writing setting forth the re­ said fabrics, and effect recall of said spondents’ intentions as to compliance fabrics from such customers. PART 13— PROHIBITED TRADE with this order. This special report shall It is further ordered, That the re­ PRACTICES also advise the Commission fully and spondents herein either process the fab­ specifically concerning (1) the identity rics which gave rise to the complaint so Cascade Hat & Cap Co. and of the products which gave rise to the as to bring them into conformance with Hyman Stein complaint, (2) the number of said prod­ the applicable standard of flammability Subpart—Importing, selling or trans­ ucts in inventory, (3) any action taken under the Flammable Fabrics Act, as porting flammable wear: § 13.1060 Im­ and any further actions proposed to be amended, or destroy said fabrics. porting, selling, or transporting flam­ taken to notify customers of the flam­ It is further ordered, That the re­ mable wear. mability of said products and effect the spondents herein shall, within ten (10) recall of said products from customers, days after service upon them of this (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret and of the results thereof, (4) any dis­ or apply sec. 5, 38 Stat. 719, as amended, 67 position of said products since Feb­ order, file with the Commission a special Stat. Ill, as amended; 15 TJ.S.C. 45, 1191) report in writing setting forth the re­ [Cease and desist order, Cascade Hat & Cap ruary 27, 1970, and (5) any action taken spondents’ intentions as to compliance Co., Portland, Oreg., Docket No. C-1921, or proposed to be taken to bring said with this order. This special report shall May 18,1971] products into conformance with the ap­ also advise the Commission fully and plicable standard of flammability under specifically concerning (1) the identity In the Matter of Cascade Hat & Cap Co., the Flammable Fabrics Act, as amended, of the fabrics which gave rise to the a Corporation, and Hyman Stein, In­ or destroy said products, and the re­ dividually and as an Officer of said sults of such action. Such report shall complaint, (2) the amount of said fabrics Corporation in inventory, (3) any action taken and further inform the Commission as to any further actions proposed to be taken Consent order requiring a Portland, whether or not respondents have in in­ to notify customers of the flammability Oreg., marketer of textile fiber products, ventory any product, fabric, or related of said fabrics and effect the recall of including scarves, to cease violating the material having a plain surface and said fabrics from customers, and of the Flammable Fabrics Act by importing and made of paper, silk, rayon and acetate, results thereof, (4) any disposition of selling any fabric which fails to conform nylon and acetate, rayon, cotton or any said fabrics since April 13, 1970, and (5) to the standards of said Act. other material or combinations thereof any action taken or proposed to be taken The order to cease and desist, including in a weight of 2 ounces or less per square to bring said fabrics into conformance further order requiring report of com­ yard, or any product, fabric or related with the applicable standard of flamma­ pliance therewith, is as follows: material having a raised fiber surface. bility under the Flammable Fabrics Act, It is ordered, That respondents Cas­ Upon request of the Commission re­ as amended, or destroy said fabrics, and cade Hat & Cap Co., a corporation, and spondents shall submit samples of not

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 RULES AND REGULATIONS 12845 less than 1 square yard in size of any ment in commerce, any product, fabric corporation which may affect compli­ such product, fabric, or related material or related material; or manufacturing ance obligations arising out of this order. with this report. for sale, selling or offering for sale, any It is further ordered, That the ré­ It is further ordered, That respondents product made of fabric or related ma­ pondent corporation shall forthwith dis­ notify the Commission at least 30 days terial which has been shipped or re­ tribute a copy of this order to each of its prior to any proposed change in the ceived in commerce as “commerce,” operating divisions. corporate respondent, such as dissolution, “product,” “fabric,” and “related ma­ It is further ordered, That the re­ assignment or sale resulting in the terial” are defined in the Flammable spondents herein shall, within sixty (60) emergence of a successor corporation, the Fabrics Act, as amended, which product, days after service upon them of this creation or dissolution of subsidiaries or fabric, or related material fails to con­ order, file with the Commission a report any other change in the corporation form to an applicable standard or reg­ in writing setting forth in detail the which may affect compliance obligations ulation issued, ¿mended or continued in manner and form in which they have arising out of the order. effect, under the provisions of the afore­ complied with this order. It is further ordered, That the respond­ said Act. Issued: June 2,1971. ent corporation shall forthwith distribute It is further ordered, That respondents By the Commission. a copy of this order to each of its op­ notify all of their customers who have erating divisions. purchased or to whom have been de­ [ seal] C harles A . T o b in , It is further ordered, That the respond­ livered the women’s scarves which gave Secretary. ents herein shall, within sixty (60) days rise to the complaint, of the flammable [PR Doc.71-9596 Filed 7-7-71;8:47 am] after service upon them of this order, nature of said products and effect the file with the Commission a report in recall of said products from such writing setting forth in detail the man­ customers. [Docket No. C-1933] ner and form in' which they have com­ It is further ordered, That the re­ plied with this order. spondents herein either process the pa rt 13— PROHIBITED TRADE products which gave rise to the com­ PRACTICES Issued: May 18,1971. plaint so as to bring them into conform­ By the Commission. ance with the applicable standard of Commercial Paper Box Co, et al. flammability under the Flammable Fab­ [ seal] C harles A . T o b in , Subpart—Importing, selling, or trans­ Secretary. rics Act, as amended, or destroy said porting flammable wear: § 13.1060 Im­ products. porting, selling, or transporting flam­ [PR Doc.71-9595 Piled 7-7-71;8:47 am] It is further ordered, That the re­ mable wear. spondents herein shall, within ten (10) (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret [Docket No. C-1937] days after service upon them of this or apply sec. 5, 38 Stat. 719, as amended, 67 order, file with the Commission an in­ Stat. I l l , as amended; 15 U.S.C. 45, 1191) PART 13—-PROHIBITED TRADE terim special report in writing setting [Cease and desist order, Commercial Paper PRACTICES forth the respondents’ intentions as to Box Co. et al., Los Angeles, Calif., Docket No. C-1933, June 2, 1971] Chateau Et Cie, Ltd., and Cyril Marcus compliance with this order. This special report shall also advise the Commission In the Matter of Commercial Paper Box Subpart—Importing, selling, or trans­ fully and specifically concerning (1) the Co., a Partnership, and Max Minsky porting flammable wear: § 13.1060 Im­ identity of the products which gave rise and David H. Minsky, Individually porting, selling, or transporting flam­ to the complaint, (2) the number of said and as Copartners trading as Com­ mable wear. products in inventory, (3) any action mercial Paper Box Co. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or taken and any further actions proposed apply sec. 5, 38 Stat. 719, as amended, 67 to be taken to notify customers of the Consent order requiring a Los Angeles, Stat. I l l , as amended: 15 U.S.C. 45, 1191) flammability of said products and effect Calif., manufacturer of wearing apparel, [Cease and desist order, Chateau Et Cie, Ltd., the recall of said products from custom­ including disposable face masks, to cease et al., New York, N.Y., Docket No. C-1937, ers, and of the results thereof, (4) any violating the Flammable Fabrics Act by June 2,1971] disposition of said products since Sep­ importing and selling any fabric which In the Matter of Chateau Et Cie, Ltd., tember 29,1970 and (5) any action taken fails to conform to the standards of said a Corporation, and Cyril Marcus, In­ or proposed to be taken to bring said Act. dividually and as an Officer of Said products into conformance with the ap­ The order to cease and desist, includ­ Corporation plicable standard of flammability under ing further order requiring report of the Flammable Fabrics Act, as amended, compliance therewith, is as follows : Consent order requiring a New York or destroy said products and the results City seller and distributor of textile fiber It is ordered, That respondents Com­ of such action. Such report shall further mercial Paper Box Co., a partnership, products, including women’s scarves, to inform the Commission as to whether or cease violating the Flammable Fabrics and Max Minsky and David H. Minsky, not respondents have in inventory any individually and as copartners trading Act by importing and selling fabric product, fabric, or related material hav­ which fails to conform to the standards as Commercial Paper Box Co., and re­ ing a plain surface and made of paper, spondents’ representatives, agents, and of said Act. silk, rayon and acetate, nylon and ace­ The order to cease and desist, includ­ employees, directly or through any com­ tate, rayon, cotton or any other material pany or other device, do forthwith cease ing further order requiring report of or combinations thereof in a weight of compliance therewith, is as follows: and desist from manufacturing for sale, two ounces or less per square yard, or selling, offering for sale, in commerce, or It is ordered, That the respondents any product, fabric, or related material importing into the United States, or in­ Chateau Et Cie, Ltd., a corporation, and having a raised fiber surface. Respond­ troducing, delivering for introduction, its officers, and Cyril Marcus, individ­ ents shall submit samples of not less than transporting or causing to be transported ually and as an officer of said corpora­ 1 square yard in size of any such prod­ in commerce, or selling or delivering after tion, and respondents’ representatives, uct, fabric, or related material with this sale or shipment in commerce, any prod­ agents, and employees, directly or report. . uct, fabric or related material ; or manu­ through any corporate or other device, do It is further ordered, That respond­ facturing for sale, selling, or offering for forthwith cease and desist from man­ ents notify the Commission at least 30 sale any product made of fabric or related ufacturing for sale, selling,.offering for days prior to any proposed change in sale, in commerce, or importing into the the corporate respondent, such as dis­ material which has been shipped and re­ United States, or introducing, deliver­ solution, assignment or sale resulting in ceived in commerce as “commerce,” ing for introduction, transporting or the emergence of a successor corpora­ “product,” “fabric,” or “related mate­ causing to be transported in commerce, tion, the creation or dissolution of sub­ rial” are defined in the Flammable or selling or delivering after sale or ship- sidiaries or any other change in the Fabrics Act, as amended, which product,

FEDERAL REGISTER, VOL. 36, NO. 13T— THURSDAY, JULY 8, 1971 12846 RULES AND REGULATIONS fabric or related material fails to con­ [Cease and desist order, Dan Brechner & Co., position of said products since October 2, form to any applicable standard or regu­ Inc., et al., New York, N.Y., Docket No. C- 1969, and (5) any action taken or pro­ lation continued in effect, issued or 1930, June 2,1971] posed to be taken to bring said products amended under the provisions of the In the Matter of Dan Brechner & Co., into conformance with the applicable aforesaid Act. Inc., a Corporation, and Daniel standard of flammability under the It is further ordered, That the re­ Brechner, Milton Brechner, and Flammable Fabrics Act, as amended, or spondents herein shall, within ten (10) George Mann, Individually and as destroy said products and the results of days after service upon them of this or­ Officers of said Corporation such action. Such report shall further der, file with the Commission an interim inform the Commission as to whether special report in writing, setting forth Consent order requiring iir New York City importer and seller of party items, or not respondents have, in inventory the respondents’ intentions as to com­ any product, fabric, or related material pliance with this Order. This interim including wood chip leis, to cease vio­ having a plain surface and made of special report shall also advise the Com­ lating the Flammable Fabrics Act by paper, silk, rayon and acetate, nylon and mission fully and specifically concerning selling any fabric which fails to conform acetate, rayon, cotton or any other ma­ the identity of the product which gave to the standards of said Act. terial or combinations thereof in a rise to the complaint, (1) the amount of The order to cease and desist, includ­ weight of 2 ounces or less per square such product in inventory, (2) any action ing further order requiring report of yard, or any product, fabric or related taken to notify customers of the flam­ compliance therewith, is as follows: material having a raised fiber surface. mability of such product and the results It is ordered, That respondents Dan Respondents shall submit samples of not thereof and (3) any disposition of such Brechner & Co., Inc., a corporation, and less than 1 square yard in size of any product since February 24, 1970. Such its officers, and Daniel Brechner, Milton such product, fabric, or related material report shall further inform the Commis­ Brechner and George Mann, individually with this report. sion whether respondents have in inven­ and as officers of said corporation, and It is further ordered, That respond­ tory any fabric, product or related mate­ respondents’ representatives, agents, and ents Dan Brechner & Co.; Inc., a corpo­ rial having a plain surface and made of employees, directly or through any cor­ ration, and its officers, and Daniel paper, silk, rayon, cotton, acetate and porate or other device, do forthwith Brechner, Milton Brechner and George nylon, acetate and rayon or combinations cease and desist from manufacturing for Mann, individually and as officers of said thereof in a weight of 2 ounces or less per sale, selling, offering for sale, in com­ corporation, and respondents’ repre­ square yard or fabric with a raised fiber merce, or importing into the United sentatives, agents and employees, di­ surface made of cotton or rayon or com­ States, or introducing, delivering for in­ rectly or through any corporate or other binations thereof. Respondents will sub­ troduction, transporting or causing to be device, do forthwith cease and desist mit samples of any such fabric, product transported in commerce, or selling or from the advertising, offering for sale, or related material with this report. delivering after sale or shipment in com­ sale or distribution of leis in commerce, Samples of the fabric, product or related merce any product, fabric or related ma­ as “ commerce” is defined in the Federal material shall be of not less than 1 square terial: or manufacturing for sale, sell­ Trade Commission Act, unless and until yard of material. ing or offering for sale any product made said leis are flame proofed to such an It is further ordered, That the respond­ of fabric or related material which has extent that they will not ignite, burn or ents herein either process the products been shipped or received in commerce, glow. which gave rise to the complaint so as to as “commerce,”, “product,” “fabric,” and It is further ordered, That respond­ bring them within the applicable flam­ “related material” are defined in the ents notify the Commission at least 30 mability standards of the Flammable Flammable Fabrics Act, as amended, days prior to any proposed change in Fabrics Act, as amended, or destroy said which product fabric or related material the corporate respondent such as dis­ products. fails to conform to an applicable stand­ solution, assignment or sale resulting in It is further ordered, That the respond­ ard or regulation continued in effect, the emergence of a successor corpora­ ents shall maintain complete and ade­ issued or amended under the provisions tion, the creation or dissolution of sub­ quate records concerning all product» of the aforesaid Act. sidiaries or any other change in the subject to the Flammable Fabrics Act, as It is further ordered, That the respond­ corporation which may affect compli­ amended, which are sold or distributed ents notify all of their customers who ance obligations arising out of the order. by them. have purchased or to whom have been It is further ordered, That the re­ It is further ordered, That the respond­ delivered the products which gave rise spondent corporation shall forthwith ents herein shall, within sixty (60) days to the complaint, of the flammable na­ distribute a copy of this order to each of after service upon them of this order, file ture of said products and effect the recall its operating divisions. with the Commission a report in writing of said products from such customers. It is further ordered, That the re­ setting forth in detail the manner and It is further ordered, That the re­ spondents herein shall, within sixty (60) form in which they have complied with spondents herein either process the days after service upon them of this this order. products that gave rise to the complaint order, file with the Commission a report so as to bring them into conformance Issued: June 2,1971. in writing setting forth in detail the with the applicable standard of flam­ manner and form in which they have By the Commission. mability under the Flammable Fabrics complied with this order. Act, as amended, or destroy said [ seal] C harles A . T o b in , products. Issued: June 2,1971. Secretary. It is further ordered, That the re­ By the Commission. [FR Doc.71-9597 Filed 7-7-71;8:47 ami spondents herein shall within ten (10) days after service upon them of this [ seal] C harles A . T o b in , order, file with the Commission a special Secretary. [Docket No. C-1930] report in writing setting forth the re­ [FR Doc.71-9598 Filed 7-7-71;8:47 am] spondents’ intentions as to compliance PART 13— PROHIBITED TRADE with this order. This special report shall PRACTICES [Docket No. C-1938] also advise the Commission fully and ✓ Dan Brechner & Co., Inc., et al. specifically concerning ( 1) the identity of the products which gave rise to the PART 13— PROHIBITED TRADE Subpart—Importing, selling, or trans­ complaint, (2) the number of said prod­ PRACTICES porting flammable wear: § 13.1060 Im­ ucts in inventory, (3) any action taken June Douglas and June’s Apparel porting, selling, or transporting flam­ and any further actions proposed to be mable wear. taken to notify customers of the flam­ Subpart—Importing, selling, or trans­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret mability of said products and effect the porting flammable wear: § 13.1060 Im­ or apply sec. 5, 88 Stat. 719, as amended, 67 recall of said products from customers, porting, selling, or transporting flam­ Stat. I l l , as amended; 15 U.S.C. 45, 1191) and of the results thereof, (4) any dis­ mable wear.

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 RULES AND REGULATIONS 12847

(Sec. 6, 38 Stat. 721; 15 TJ.S.C. 46. Interpret 1970, and (5) any action taken or pro­ ing for introduction, transporting, or or apply sec. 5, 38 Stat. 719, as amended, posed to be taken to bring said products causing to be transported in commerce, 67 Stat. I l l , as amended; 15 U.S.C. 45, 1191) into conformance with the applicable selling or delivering after sale or ship­ [Cease and desist order, Mrs. June Douglas standard of flammability under the ment in commerce, any product, fabric, et al., Bellingham, Wash., Docket No. C-1938, F la m m a ble Fabrics Act, as amended, or or related material; or manufacturing June 2, 19711 destroy said products, and the results for sale, selling or offering for sale, any In the Matter of Mrs. June Douglas, an of such action. Such report shall further product made of fabric or related ma­ Individual Trading as June’s Apparel inform the Commission as to whether or terial which has been shipped or re­ Consent order requiring a Bellingham, not respondent has in inventory any ceived in commerce as “ commerce,” Wash., individual selling various con­ product, fabric, or related material “product,” “fabric,” and “related ma­ sumer goods, including scarves, to cease having a plain -surface and made of terial” are defined in the Flammable violating the Flammable Fabrics Act by paper, silk, rayon and acetate, nylon and Fabrics Act, as amended, which product, importing and selling any fabric which acetate, rayon, cotton, or any other mate­ fabric, or related material fails to con­ fails to conform to the standards of said rial or combinations thereof in a weight form to an applicable standard or regula­ tion issued, amended or continued in Act. of two ounces or less per square yard, The order to cease and desist, includ­ or any product, fabric, or related mate­ effect, under the provisions of the afore­ ing further order requiring report of rial having a raised fiber surface. Re­ said Act. compliance therewith, is as follows: spondent shall submit samples of not It is further ordered, That the re­ It is ordered, That respondent Mrs. less than 1 square yard in size of any spondent notify all of his customers who June Douglas, individually and trading such product, fabric, or related material have purchased or to whom have been as June’s Apparel, or under any other with this report. delivered the products which gave rise name, and respondent’s representatives, It is further ordered, That the respond­ to this complaint, of the flammable na­ agents, and employees, directly or ent herein shall, within sixty (60) days ture of said products and effect the through any corporate or other device, after service upon her of this order, file recall of sàid products from such do forthwith cease and desist from man­ with the Commission a report in writing customers. ufacturing for sale, selling, or offering setting forth in detail the manner and It is further ordered, That the re­ for sale, in commerce, or importing into form, in which she has complied with spondent herein either process the prod­ the United States, or introducing, de­ this order. ucts which gave rise to the complaint so livering for introduction, transporting or Issued: June 2,1971. as to bring them into conformance with causing to be transported in commerce, the applicable standard of flammability or selling or delivering after sale or ship­ By the Commission. under the Flammable Fabrics Act, as ment in commerce, any product, fabric, [ seal] C harles A . T o b in , amended, or destroy said products. or related material; or manufacturing Secretary. It is further ordered, That the re­ for sale, selling or offering for sale any [FR Doc.71-9599 Filed 7-7-71;8:47 am] spondent herein shall, within ten (10) product made of fabric or related mate­ days after service upon him of this order, rial which has been shipped or received file with the Commission an interim spe­ in commerce, as “commerce,” “product,” [Docket No. C-1936] cial report in writing setting forth the “fabric,” or “related material” are de­ respondent’s intentions as to compliance fined in the Flammable Fabrics Act, as PART 13— PROHIBITED TRADE with this order. This special report shall amended, which product, fabric, or re­ PRACTICES also advise the Commission fully and lated material fails to conform to any specifically concerning (1) the identity applicable standard or regulation con­ Jack Frank and Jack Frank & Co. of the products which gave rise to the tinued in effect, issued or amended under Subpart—Importing, selling, or trans­ complaint, (2) the number of said prod­ the provisions of the aforesaid Act. porting flaimnable wear: § 13.1060 Im­ ucts in inventory, (3) any action taken It is further ordered, That respondent porting, selling, or transporting flam­ and any further actions proposed to be notify all of her customers who have mable wear. taken to notify customers of the flam­ purchased or to whom have been deliv­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret mability of said products and effect the ered the products which gave rise to this or apply sec. 5, 38 Stat. 719, as amended, 67 reeall of said products from customers, complaint of the flammable nature of Stat. Ill, as amended; 15 UJS.C. 45, 1191) and of the results thereof, (4) any dis­ said products, and effect recall of said [Cease and desist order, Jack Frank et al., position of said products since Septem­ products from such customers. New York, N.Y., Docket No. C-1936, June 2, ber 3, 1970, and (5) any action taken or It is further ordered, That the respond­ 1971] proposed to be taken to bring said prod­ ent herein either process the products In the Matter of Jack Frank, individ­ ucts into conformance with the applica­ which gave rise to the complaint so as ually and Trading as Jack Frank & ble standard or flammability under the to bring them into conformance with Co. Flammable Fabrics Act, as amended, or the applicable standard of flammability destroy said products and the results of under the Flammable Fabrics Act, as Consent order requiring a New York such action. Such report shall further in­ amended, or destroy said products. City individual selling and distributing form the Commission as to whether or It is further ordered, That the re­ clothing products, including ladies’ not respondent has in inventory any spondent herein shall, within ten (10) scarves, to cease violating the Flammable product, fabric, or related material hav­ days after service upon her of this order, Fabrics Act by importing and selling any ing a plain surface and made of paper, file with the Commission a special re­ fabric which fails to conform to the silk, rayon and acetate, nylon and ace­ port in writing setting forth the respond­ standards of said Act. tate, rayon, cotton or any other material ent’s intentions as to compliance with The order to cease and desist, includ­ or combinations thereof in a weight of 2 this order. This special report shall also ing further order requiring report of ounces or less per square yard or any advise the Commission fully and specifi­ compliance therewith, is as follows: product, fabric, or related material hav­ cally concerning (1) the identity of the It is ordered, That the respondent Jack ing a raised fiber surface. Respondent products which gave rise to the com­ Frank, individually and trading as Jack shall submit samples of not less than 1 plaint, (2) the number of said products Frank & Co., or under any other name square yard in size of any such product, in inventory, (3) any action taken and or names, and respondent’s representa­ fabric, or related material with this any further actions proposed to be taken tives, agents, and employees, directly or report. to notify customers of the flammability through any corporate or other device, do It is further ordered, That the re­ of said products and effect the recall of forthwith cease and desist from manu­ said products from customers, and of facturing for sale, selling, offering for spondent herein shall, within sixty (60) the results thereof, (4) any disposition sale, in commerce, or importing into the days after service upon him of this order, of said products since September 30, United States, or introducing, deliver- file with the Commission a report in

FEDERAL REGISTER, VOL. 36, NO. 13T— THURSDAY, JULY 8, 1971 12848 RULES AND REGULATIONS writing setting forth in detail the man­ nature of said scarves and effect the re­ [Docket No. C-1932] ner and form in which he has complied call of said scarves from such'customers. PART 13— PROHIBITED TRADE with this order. It is further ordered, That the respond­ ents herein either process the scarves PRACTICES Issued: June 2, 1971. which gave rise to the complaint so as Paul Shuman Mfg. Co., Inc., and By the Commission. to bring them into conformance with the Paul Shuman applicable standard of flammability [ seal] C harles A . T o b in , Subpart—Importing, selling, or trans­ Secretary. under the Flammable Fabrics Act, as amended, or destroy said scarves. porting flammable wear: § 13.1060 Im­ [PR Doc.71-9600 Piled 7-7-71;8:48 am]. It is further ordered, That the respond­ porting, selling, or transporting flamma­ ents herein shall, within ten (10) days ble wear. [Docket No. C-1923] after service upon them of this order, (Sec. 6i 38 Stat. 721; 15 U.S.C. 46. Interpret file with the Commission an interim or apply sec. 5, 38 Stat. 719, as amended, 67 PART 13— PROHIBITED TRADE special report in writing setting forth the Stat. I l l , as amended; 15 U.S.C. 45, 1191) PRACTICES respondents’ intentions as to compliance [Cease and desist order, Paul Shuman Mfg. with this order. This special report shall Co., Inc., et al., Los Angeles, Calif., Docket Osage Handkerchief Co., Inc., and also advise the Commission fully and No. C-1932, June 2, 1971] Edward Debowsky specifically concerning (1) the identity In the Matter of Paul Shuman Mfg. Co., Subpart—Importing, selling or trans­ of the scarves which gave rise to the Inc., a Corporation, and Paul Shu­ porting flammable wear: § 13.1060 Im­ complaint, (2) the number of said man, Individually and as an Officer porting, selling, or transporting flam­ scarves in inventory, (3) any action of Said Corporation taken and any further actions proposed mable wear. to be taken to notify customers of the Consent order requiring a Los Angeles, (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret flammability of said scarves and effect Calif., manufacturer of women’s and or apply sec. 5, 38 Start;. 719, as amended, 67 the recall of said scarves from customers, misses’ apparel, including aprons, to Stat. I l l , as amended; 15 U.S.C. 45, 1191) cease violating the Flammable Fabrics [Cease and desist order, Osage Handkerchief and of the results thereof, (4) any dis­ position of said scarves since Septem­ Act by importing and selling any fabric Co., Inc., et al. New York, N.Y., Docket No. which fails to conform to the standards C-1923, May 18, 1971] ber 2, 1970 and (5) any action taken or proposed to be taken to bring said scarves of said Act. In the Matter of Osage Handkerchief Co., into conformance with the applicable The order to cease and desist, includ­ Inc., a Corporation, and Edward De­ standard of flammability under the ing further order requiring report of bowsky, Individually and as an Of­ Flammable Fabrics Act, as amended, or compliance therewith, is as follows: ficer of Said Corporation destroy said scarves and the results of It is ordered, That the respondents Consent order requiring a New York such action. Such report shall further Paul Shuman Mfg. Co., Inc., a corpora­ City importer and distributor of textile inform the Commission as to whether or tion, and its officers and Paul Shuman fiber products, including ladies’ scarves, not respondents have in inventory any individually and as an officer of said to cease violating the Flammable Fabrics product, fabric, or related material hav­ corporation, and respondents’ represent­ Act by importing and selling any fabric ing a plain surface and made of paper, atives, agents, and employees, directly or which fails to conform to the standards silk, rayon and acetate, nylon and ace­ through any. corporate or other device, of said Act. tate, rayon, cotton or any other material do forthwith cease and desist from man­ The order to cease and desist, includ­ or combinations thereof in a weight of ufacturing for sale, selling, offering for ing order requiring report of compliance 2 ounces or less per square yard, or any sale, in commerce, or importing into the therewith, is as follows: product, fabric, or related material hav­ United States, or introducing, delivering It is ordered, That the respondents ing a raised fiber surface. Respondents for introduction, transporting or causing Osage Handkerchief Co., Inc., a corpo­ shall submit samples of not less than 1 to be transported in commerce, or selling ration, and its officers, and Edward De­ square yard in size of any such product, or delivering after sale or shipment in bowsky, individually and as an officer of fabric, or related material with thils commerce, any product, fabric, or related said corporation, and respondents’ rep­ report. material; or manufacturing for sale, sell­ resentatives, agents, and employees, It is further ordered, That respondents ing or offering for sale, any product made directly or through any corporate or notify the Commission ât least 30 days of fabric or related material which has other device, do forthwith cease and de­ prior to any proposed change in the been shipped or received in commerce as sist from manufacturing for sale, selling, corporate respondent, such as dissolu­ “commerce,” “product,” “fabric,” and offering for sale, in commerce, or im­ tion, assignment or sale resulting in the “related material” are defined in the porting into the United States, or intro­ emergence of a successor corporation, the Flammable Fabrics Act, as amended, ducing, delivering for introduction, creation or dissolution of subsidiaries or which product, fabric, or related material transporting or causing to be transported any other change in the corporation fails to conform to an applicable stand­ in commerce, or selling or delivering after which may affect compliance obligations ard or regulation issued, amended or con­ sale or shipment in commerce, any prod­ arising out of this order. tinued in effect, under the provisions of uct, fabric, or related material; or manu­ It is further ordered, That the respond­ the aforesaid Act. facturing for sale, selling or offering for ent corporation shall forthwith distribute It is further ordered, That respondents sale, any product made of fabric or re­ a copy of this order to each of its oper­ notify all of their customers who have lated material which has been shipped or ating divisions. purchased or to whom have been deliv­ received in commerce as “commerce,” It is further ordered, That the respond­ ered the products, which gave rise to the “product,” “fabric,” and “related mate­ ents herein shall, within sixty (60) days complaint, of the flammable nature of rial” are defined in the Flammable after service upon them of this order, file said products, and effect the recall of said Fabrics Act, as amended, which product, with the Commission a report in writing products from such customers. fabric, or related material fails to con­ setting forth in detail the manner and It is further ordered, That the respond­ form to an applicable standard or regu­ form in which they have complied with ents herein either process the products, lation issued, amended or continued in this order. which gave rise to the complaint so as to effect, under the provisions of the afore­ bring them into conformance with the said Act. Issued: May 18,1971. applicable standard of flammability It is further ordered, That respondents By the Commission. under the Flammable Fabrics Act, as notify all of their customers who have amended, or destroy said products. [ seal] C harles A . T o b in , It is further ordered, That the respond­ purchased or to whom have been de­ Secretary. livered the ladies’ scarves which gave ents herein, shall, within ten (10) days rise to the complaint, of the flammable [PR Doc.71-9601 Piled 7-7-71;8:48 am] after service upon them of this order, file

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 RULES AND REGULATIONS 12849 with the Commission a special report in regulatory and statutory reguirements: distribute a copy of this order to each of writing setting forth the respondents’ 13.1212-30 Fur Products Labeling Act. its operating divisions. intentions as to compliance with this or­ Subpart—Neglecting, unfairly or decep­ It is further ordered, That the respond­ der. This special report shall also advise tively, to make material disclosure: ents herein shall, within sixty (60) days the Commission fully and specifically § 13.1852 Formal regulatory and statu­ after service upon them of this order, concerning (1) the identity of the prod­ tory reguirements: 13.1852-35 Fur Prod­ file with the Commission a report in ucts, which gave rise to the complaint, ucts Labeling Act. writing setting forth in detail the. man­ (2) the number of said products, in in­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret ner and form in which they have com­ ventory, (3) any action taken and any or apply sec. 5, 38 Stat. 719, as amended, sec. plied with this order. further actions proposed to be taken to 8, 65 Stat. 179, 15 U.S.C. 45, 69f) [Cease and Issued: June 2,1971. notify customers of the flammability of desist order, Rosenblum Bros., Inc., et al., said products, and effect the recall of New York, N.Y., Docket No. C-1931, June 2, By the Commission. 1971] said products from customers, and of the [ seal] C harles A . T o b in , results thereof, (4) any disposition of said In the Matter of Rosenblum Bros., Inc., a Secretary. products since December 12, 1969, and Corporation, and Samuel Rosen­ (5) any action taken or proposed to be blum, Solomon Rosenblum, and [FR Doc.71-9603 Filed 7-t7-71;8:48 am] taken to bring said products, into con­ Ralph Rosenblum, Individually and formance with the applicable standard as Officers of Said Corporation of flammability under the Flammable [Docket No. C-1935] Consent order requiring a New York Fabrics Act, as amended, or destroy said PART 13— PROHIBITED TRADE products, and the results of such action. City manufacturer of fur products to Such report shall further inform the cease misbranding and deceptively in­ PRACTICES Commission as to whether or not re­ voicing its furs. Schwerzler & Sons, Inc., et al. spondents have; in inventory any prod­ -The order to cease and desist, includ­ uct, fabric, or related material having a ing further order requiring report of Subpart—Importing, selling, or trans­ plain surface and made of paper, silk, compliance therewith, is as follows: porting flammable wear: § 13.1060 Im­ rayon and acetate, nylon and acetate, It is ordered, That respondents Rosen­ porting, selling, or transporting flamma­ rayon, cotton or any other material or blum Bros., Inc., a corporation, and its ble wear. combinations thereof in a weight of 2 officers, and Samuel Roseblum, Solomon (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret ounces or less per square yard, or any Rosenblum, and Ralph Rosenblum, in­ or apply sec. 5, 38 Stat. 719, as amended, 67 product, fabric or related material hav­ dividually and as officers of said corpo­ Stat. I l l , as amended; 15 U.S.C. 45, 1191) ing a raised fiber surface. Respondents ration, and respondents’ representatives, [Cease and desist order, Schwerzler & Sons, agents, and employees, directly or Inc., et al., Union City, N.J., Docket No. shall submit samples of not less than 1 C-1935, June 2,1971] square yard in size of any such product, through any corporate or other device, in fabric, or related material with this connection with the introduction, or In the Matter of Schwerzler & Sons, Inc., report. manufacture for introduction, into com­ a Corporation, and Allie Feldman It is further ordered, That respond­ merce, or the sale, advertising. or offer­ and George L. Violick, Individually ents notify the Commission at least 30 ing for sale in commerce, or the trans­ and as Officers of Said Corporation portation or distribution in commerce, days prior to any proposed change in the Consent order requiring a Union City, corporate respondent, such as dissolution, of any fur product; or in connection with the manufacture for sale, sale, ad­ N.J., importer and seller of fabrics, in­ assignment or sale resulting in the emer­ cluding a lightweight white cotton or­ gence of a successor corporation, the vertising, offering for sale, transporta­ tion or distribution, of any fur product gandy fabric, to cease violating the Flam­ creation or dissolution of subsidiariës or mable Fabrics Act by importing and sell­ any other change in the corporation which is made in whole or in part of fur which has been shipped and received ing any fabric which fails to conform to which may affect compliance obligations the standards of said Act. arising out of this order. in commerce; as the terms “commerce,” “ fur,” and “fur product” are defined in The order to cease and desist, includ­ It is further ordered, That respond­ ing further order requiring report of ent corporation shall forthwith dis­ the Fur Products Labeling Act, do forth­ tribute a copy of this order to each of its with cease and desist from: compliance therewith, is as follows: operating divisions. A. Misbranding any fur product by: It is ordered, That the respondents It is further ordered, That the respond­ 1. Representing directly or by impli­ Schwerzler & Sons, Inc., a corporation, ents herein, shall within sixty (60) days cation on a label that the fur contained and its officers, and Allie Feldman and after service upon them of this order, file in such fur product is natural when such George L. Violick, individually and as of­ with the Commission a report in writing fur is pointed, bleached, dyed, tip-dyed, ficers of said corporation, and respond­ setting forth in detail the manner and or otherwise artifically colored. ents’ representatives, agents and em­ form in which they have complied with 2. Failing to affix a label to such fur ployees, directly or through any corpo­ this order. product showing in words and in figures rate or other device, do forthwith cease plainly legible all of the information re­ and desist from manufacturing for sale, Issued: June 2,1971. quired to be disclosed by each of the sub­ selling, offering for sale, in commerce, By the Commission. sections of section 4(2) of the Fur Prod­ or importing into the United States, or ucts Labeling Act. introducing, delivering for introduction, [seal] C harles A . T o b in , transporting or causing to be transported Secretary. B. Falsely or deceptively invoicing any fur product by failing to set forth on an in commerce, or selling or delivering [FR Doc.71-9602 Filed 7-7-71;8:48 am] invoice the item number or mark as­ after sale or shipment in commerce, any signed to such fur product. product, fabric or related material; or [Docket No. C-1931] It is further ordered, That respond­ manufacturing for sale, selling or offer­ ents notify the Commission at least 30 ing for sale, any product made of fabric PART 13— PROHIBITED TRADE days prior to any proposed change in the or related material which has been PRACTICES corporate respondent such as dissolution, shipped or received in commerce as assignment or sale resulting in the emer­ “commerce,” “product,” “fabric” and Rosenblum Bros., Inc., et al. gence of a successor corporation, the “related material” are defined in the Subpart—Invoicing products falsely: creation or dissolution of subsidiaries or Flammable Fabrics Act, as amended, §13.1108 Invoicing products falsely: any other change in the corporation which product, fabric or related material, 13.1108-45 Fur Products Labeling Act. which may affect compliance obligations fails to conform to an applicable stand­ Subpart—Misbranding or mislabeling: arising out of the order. ard or regulation continued in effect, § 13.1185 Composition: 13.1185-30 Fur It is further ordered, That the re­ issued or amended under the provisions Products Labeling Act; § 13.1212 Formal spondent corporation shall forthwith of the aforesaid Act.

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 No. 131- 4 12850 RULES AND REGULATIONS

It is further ordered, That respondents [Docket No. C-1929] by section 4(b) of the Textile Fiber notify all of their customers who have PART 13— PROHIBITED TRADE • Products Identification Act. purchased or to whom has been delivered It is further ordered, That respond­ the fabric which gave rise to this com­ PRACTICES ents notify the Commission at least 30 plaint, of the flammable nature of said Sidney Gilbert & Co., Inc., et al. days prior to any proposed change in the fabric, and effect the recall of said fabric corporate respondent such as dissolution, from such customers. Subpart—Misbranding or mislabeling: assignment or sale resulting in the It is further ordered, That the respond­ § 13.1185 Composition: 13.1185-80 Tex­ emergence of a successor corporation, the ents herein either process the fabric tile Fiber Products Identification Act: creation or dissolution of subsidiaries or which gave rise to the complaint so as § 13.1212 Formal regulatory and stat­ any other change in the corporation to bring it into conformance with the utory requirements: 13.1212-80 Textile which may affect compliance obligations applicable flammability standards of the Fiber Products Identification Act. Sub­ arising out of the order. Flammable Fabrics Act, as amended, or part—Neglecting, unfairly or deceptively, It is further ordered, That the respond­ destroy said fabric. to make material disclosure: § 13.1852 ent corporation shall forthwith distrib­ It is further ordered, That the respond­ Formal regulatory and statutory require­ ute a copy of this order to each of its ents herein shall, within ten (10) days ments: 13.1852-70 Textile Fiber Prod­ operating divisions. after service upon them of this order, ucts Identification Act. It is further ordered, That respond­ file with the Commission an interim spe­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret ents herein shall, within sixty (60) days cial report in writing setting forth the or apply sec. 5, 38 Stat. 719, as amended, 72 after service upon them of this order, respondents’ intentions as to compliance Stat. 1717; 15 U.S.C. 45, 70) [Cease and desist file with the Commission a report, in with this order. This interim report shall order, Sidney Gilbert & Co., Inc., et al., writing, setting forth in detail the man­ also advise the Commission fully and spe­ Charlotte, N.C., Docket No. C-1929, June 2, ner and form in which they have com­ cifically concerning (1) the identity of 1971] —' ”*’• plied with this order. the fabric which gave rise to the com­ In the Matter of Sidney Gilbert & Co., Issued: June 2, 1971. plaint, (2) the amount of such fabric in Inc., a Corporation, and Sidney H. inventory, (3) any action taken and Goldberg and David D. Berson, In­ By the Commission. any further actions proposed to be taken dividually and as Officers of Said [ seal] C harles A . T o b in , to notify customers of the flammability Corporation of such fabric and effect the recall of Secretary. such fabric from customers, and of the Consent order requiring Charlotte, [FR Doc.71-9605 Filed 7-7-71;8:48 am] results of such actions, (4) any disposi­ N.C., dealers in wholesale yam and fab­ tion of such fabric since July 31, 1970, rics to cease misbranding their textile and (5) any action taken or proposed fiber products. [Docket No. 1924] to be taken to flameproof or destroy The order to cease and desists, includ­ PART 13— PROHIBITED TRADE such fabric and the results of such action. ing further order requiring report of PRACTICES Such report shall further inform the compliance therewith, is as follows: Commission whether respondents have in It is ordered, That respondents Sidney Warren-Reed, Inc., and inventory any fabric, product, or related Gilbert & Co., Inc., a corporation, and Armistead C. Warren material having a plain surface and its officers, and Sidney H. Goldberg and made of paper, silk, rayon and acetate, Subpart—Importing, selling or trans­ David D. Berson, individually and as porting flammable wear: § 13.1060 Im­ nylon and acetate, rayon, Cotton, or officers of said corporation, and respond­ combinations thereof in a weight of 2 porting, selling, or transporting flam­ ents’ representatives, agents, and em­ mable wear. ounces or less per square yard, or having ployees, directly or through any corpo­ a raised fiber surface made of cotton or rate or other device, in connection with (Sec. 6, 38 Stat. 721; 15 U.S.O. 46. Interpret rayon or combinations thereof. Respond­ the introduction, delivery for introduc­ or apply sec. 5, 38 Stat. 719, as amended, 67 ents will submit samples of any such fab­ Stat. I l l , as amended; 15 U.S.C. 45, 1191) tion, sale, advertising, or offering for [Cease and desist order, Warren-Reed, Inc:, ric, product, or related material with this sale in commerce, or the transportation et al., Birmingham, Ala., Docket No. C-1924, report. Samples of the fabric, product, or or causing to be transported in com­ May 18,1971] related material shall be of no less than merce, or the importation into the 1 square yard of material. United States, of any textile fiber prod­ In the Matter of Warren-Reed, Inc., a It is further ordered, That respond­ uct; or in connection with the sale, offer­ Corporation, and Armistead C. War­ ents notify the Commission at least 30 ren, Individually and as an Officer ing for sale, advertising, delivery, trans­ of Said Corporation days prior to any proposed change in portation or causing to be transported, of the corporate respondent such as disso­ any textile fiber product, which has been Consent order requiring a Birmingham, lution, assignment, or sale resulting in advertised or offered for sale in com­ Ala., millinery shop which sells and dis­ the emergence of a successor corporation, merce; or in connection with the sale, tributes millinery, handbags, and acces­ the creation or dissolution of subsidiaries offering for sale, advertising, delivery, sories, including scarves, to cease violat­ or any other change in the corporation transportation, or causing to be trans­ ing the Flammable Fabrics Act by im­ which may affect compliance obligations ported, after shipment in commerce, of porting and selling any fabric which fails arising out of the order. any textile fiber product, whether in its to conform to the standards of said Act. It is further ordered, That the re­ original state or contained in other tex­ The order to cease and desist, including spondent corporation shall forthwith dis­ tile fiber products, as the terms “com­ further order requiring report of com­ tribute a copy of this order to each of merce” and “textile fiber product” are pliance therewith, is as follows: its operating divisions. defined in the Textile Fiber Products It is ordered, That respondent Warren- It is further ordered, That the re­ Identification Act, do forthwith cease Reed, Inc., a corporation, and its officers spondents herein shall, within sixty (60) and desist from misbranding textile and Armistead C. Warren, individually days after service upon them of this or­ fiber products by: and as an officer of said corporation, and der, file with the Commission a report in writing setting forth in detail the man­ 1. Falsely or deceptively stamping, respondents’ representatives, agents, and tagging, labeling, invoicing, advertising employees, directly or through any cor­ ner and form in which they have com­ porate or other device, do forthwith plied with this order. or -otherwise identifying such products as to the name or amount of the con­ cease and desist from selling, offering for Issued: June 2, 1971. stituent fibers contained therein. sale, in commerce or importing into the By the Commission. 2. Failing to affix a stamp, tag, label United States, or introducing, delivering or other means of identification to each for introduction, transporting or causing [ seal] C harles A . T o bin , such product showing in a clear, legible to be transported in commerce, or selling Secretary. and conspicuous manner each element or delivering after sale or shipment in [PR Doc.71-9604 Filed 7-7-71;8:48 am] of information required to be disclosed commerce, any product, fabric, or related

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 RULES AND REGULATIONS 12851 material, as “commerce,” “product,” with the Commission a report, in writ­ The Commission finds: It is neces­ “fabric,” or “related material” are de­ ing, setting forth in detail the manner sary and appropriate in the public in­ fined in the Flammable Fabrics Act, as and form in which they have complied terest and for carrying out the provisions amended, which product, fabric or re­ with this order. of the Natural Gas Act that Order No. 413 be modified as hereinafter ordered. lated material fails to conform to any Issued: May 18,1971. applicable standard or regulation con­ The Commission orders: tinued in effect, issued or amended under By the Commission. (A) The limitations on increased rate filings set forth in Ordering Paragraph the provisions of the aforesaid Act. [ seal] C harles A. T o b in , It is further ordered, That respondents Secretary. (A) of the Commission’s order issued notify $11 of their customers who have December 24, 1970, in the above-entitled purchased or to whom have been de­ [FR Dcc.71-9606 Filed 7-7-71;8:48 am] proceedings shall remain in effect until livered the products which gave rise to September 30, 1971, or until such time as the complaint, of the flammable nature the Commission issues an opinion and of said products, and effect recall of said order establishing just and reasonable products from such customers. Title 18— CONSERVATION OF rates for jurisdictional sales of natural It is further ordered, That the respond­ gas from southern Louisiana, whichever ents herein either process the products occurs at the earlier date. which gave rise to the complaint so as POWER AND WATER (B) The Secretary-of the Commission to bring them into conformance with shall cause prompt publication of this the applicable standard of flammability RESOURCES order to be made in the F ederal under the Flammable Fabrics Act, as R egister. Chapter I— Federal Power amended, or destroy said products. By the Commission. It is further ordered, That the re­ Commission spondents herein shall, within ten (10) [Docket No. R—394, etc.] [ seal] K e n n e t h F . P l u m b , days after service upon them of this Secretary. PART 154— RATE SCHEDULES AND order, file with the Commission a special [FR Doc.71-9593 Filed 7-7-71;8:47 am] report in writing setting forth respond­ TARIFFS ents’ intentions as to compliance with this order. This special report shall also Southern Louisiana Area advise the Commission'fully and specif­ J u n e 29, 1971. ically concerning (1) the identity of Title 2 6 -IN T E R N A L REVENUE the product which gave rise to the com­ Termination of moratorium provisions Chapter I— Internal Revenue Service, in southern Louisiana, Docket No. plaint, (2) the number of said products Department of the Treasury in inventory, (3) any action taken and R-394; area rate proceeding (southern any further actions proposed to be taken Louisiana), Docket No. AR61—2 etc., SUBCHAPTER E— ALCOHOL, TOBACCO AND to notify customers of the flammability Docket No. AR69-1. OTHER EXCISE TAXES of said products and effect the recall of In Order No. 413 issued October 27, [T.D. 7130] said products and of the results thereof, 1970 in Docket No. R-394 (44 FPC------) (4) any disposition of said products since the Commission terminated the mora­ LIQUOR DEALERS, STILLS, DISTILLED August 25, 1970, and (5) any action torium on above ceiling increased rate SPIRITS, AND BEER taken to bring said products into con­ filings prescribed in Opinion Nos. 546 (40 FPC 530) and 546-A (41 FPC 301). On March 3,1971, a notice of proposed formance with the applicable standard rule making to amend 26 CFR Parts 194, of flammability under the Flammable Thereafter, on rehearing the Commis­ sion modified Order No. 413 by order 196, 197, 201, and 245, was published in Fabrics Act, as amended, or destroy said the F ederal R egister (36 F.R. 4048). In products, and the results of such action. issued December 24, 1970 in the above- entitled proceedings (44 FPC------) to accordance with the notice, interested Such report shall further inform the persons were afforded an opportunity to Commission as to whether or not re­ prohibit any increased rate filing in ex­ cess of the rate levels prescribed in or­ submit written comments or suggestions spondents have in inventory any prod­ pertaining thereto. No comments or sug­ uct, fabric or related material having dering paragraph (A) of the December 24 order. Pursuant to ordering gestions were received within the 30-day a plain surface and made of paper, silk, period prescribed in the notice. However, rayon and acetate, nylon and acetate, paragraph (B) in the December 24 order, the rate filing prohibition is to remain in recognition of changes in regulations rayon, cotton or any other material or made by T.D. 7110 (36 F.R. 8033), T.D. combinations thereof in a weight to 2 in effect until July 1, 1971. 7112 (36 F.R. 8568), and T.D. 7113 (36 ounces or less per square yard, or any By order issued March 15, 1971 in F.R. 8798), and further consideration of product, fabric or related material hav­ Dockets Nos. AR61-2 and AR69-1 the the proposed changes, the amendments ing a raised fiber surface. Upon request intermediate decision procedure was as published in the F ederal R egister are of the Commission respondents shall omitted. Since then, the parties in these hereby adopted, subject to the changes submit samples of not less than 1 square proceedings have filed initial and reply set forth below: yard in size of any such product, fabric, briefs in accordance with the time lim­ P aragraph 1. Paragraph Cl is changed or related material with this report. itations set forth in the March 15 order. It is further ordered, That respondents These proceedings are therefore now to include § 197.109 in the listing of sec­ notify the Commission at least 30 days pending before the Commission for the tions amended. prior to any proposed change in the cor­ determination of just and reasonable P ar. 2. Paragraph C3 is deleted. porate respondent such as dissolution, rates for sales in the southern Louisiana P ar. 3. Paragraph C4 is amended by assignment or sale resulting in the area. deleting, in the last sentence of § 197.41, emergence of a successor • corporation, In these circumstances, we believe it the cross-reference to § 197.40 and in­ the creation or dissolution of subsidiaries appropriate for the same reasons set serting instead a cross-reference to or any other change in the corporation forth in the December 24 order to mod­ § 197.47a. which may affect compliance obligations ify that order so as to extend the pro­ P ar. 4. A new paragraph, paragraph arising out of the order. hibition against increased rate filings C4a, is added immediately following par­ It is further ordered, That the re­ above the rate levels prescribed in or­ agraph C4 to prescribe a new section, spondent corporation shall forthwith dering paragraph (A) thereof until Sep­ § 197.47a, relating to retention of special distribute a copy of this order to each tember 30, 1971, or until the time the tax stamps. As added, paragraph C4a of its operating divisions. Commission issues an opinion and order reads as follows: It is further ordered, That respondents establishing just and reasonable rates 4a. A new section, § 197.47a, is added herein shall, within sixty (60) days after for jurisdictional sales from southern immediately following § 197.47 to provide service upon them of this order, file Louisiana, whichever is the earlier date. for retention of special tax stamps.

FEDERAL REGISTER, V O L 36, NO. 131— THURSDAY, JULY 8, 1971 12852 RULES AND REGULATIONS

P ar. 5. Paragraph D1 is changed by or in any manner to authorize the com­ 5. The center heading preceding deleting the amendment to § 201.31 and mencement or continuance of such trade § 194.131 and § 194.131 are amended by adding in lieu thereof a new section, or business contrary to the laws of such deleting the reference to posting of a § 201.35a. State or in places prohibited by munici­ special tax stamp and providing instead P ar. 6. Paragraph D6 is changed by pal law; nor shall the payment of any that the stamp be available for examina­ amending § 201.527. such tax be held to prohibit any State tion by any internal revenue officer. As P ar. 7. Paragraph D8 is changed by from placing a duty or tax on the same amended, the center heading and § 194.- amending § 201.563. 1 trade or business, for State or other 131 read as follows: P ar. 8. Paragraph El is changed by purposes. S tamp T o B e A vailable F or E x a m in a t io n deleting §§ 245.253 and 245.257 from the (72 Stat. 1348; 26 U.S.C. 5145) listing of sections amended. § 194.131 General. § 194.11 [Amended] This Treasury decision shall become A dealer shall keep his special tax effective on the first day of the first 2. Section 194.11 is amended by stamp available in his place of business month which begins not less than 30 changing “alcohol and tobacco tax” to for inspection by any internal revenue days after the date of its publication in read “ alcohol, tobacco and firearms” in officer during business hours. A dealer the F ederal R egister. the definition of assistant regional com­ holding a special tax stamp as a retail (Sec. 7805, Internal Revenue Code, 68A Stat. missioner and by changing “Alcohol and dealer in liquors or a retail dealer in 917; 26 U.S.C. 7805) Tobacco Tax Division” to read “Alcohol, beer “At Large” or “In the United Tobacco and Firearms Division” in the States” shall keep the stamp available [ seal] H arold T. S w a r t z, definition of Director. Acting Commissioner for inspection where he is conducting 3. Section 194.31 is amended to provide such business. of Internal Revenue. that States, political subdivision thereof, (72 stat. 1348; 26 U.S.C. 5146) Approved: July 1,1971. or the District of Columbia need pay only one special tax as a retail dealer in liq­ 6. The center heading “Missing J o h n S . N o lan , uors regardless of the number of retail Stamps” immediately preceding §194.132 Acting Assistant Secretary liquor stores operated. As amended, is deleted. of the Treasury. § 194.31 reads as follows: 7. Section 194.132 is amended to pro­ In order to: (1) Implement the provi­ § 194.31 States, political subdivisions vide that a “Certificate in Lieu of Lost or sions of Public Law 87-863 which amend­ thereof, or the District of Columbia. Destroyed Special Tax Stamp” shall be kept available for examination by any ed the Internal Revenue Code by provid­ A State, a political subdivision thereof, ing that only one special tax as a retail internal revenue officer. As amended, or the District of Columbia which en­ § 194.132 reads as follows: dealer in liquors need be paid by a State, gages in the business of selling, or offer­ a political subdivision of a State, or the ing for sale, distilled spirits, wines, or § 1 9 4 .1 3 2 Lost or destroyed. District of Columbia, regardless of the beer is not exempt from special tax. How­ If a special tax stamp has been lost or number of locations at which such busi­ ever, no such governmental entity shall ness is conducted; (2) implement the destroyed, the dealer shall immediately be required to pay more than one special notify the director of the service center provisions of Public Law 90-615 which tax as a retail dealer in liquors regard­ amended the Internal Revenue Code by who issued the stamp. A “Certificate in less of the number of locations at which Lieu of Lost or Destroyed Special Tax extending the period in which a non­ such entity carries on business as a retail beverage drawback claim may be filed Stamp” will be issued to the dealer who dealer in liquors. Any such governmental submits an affidavit showing to the satis­ from 3 to 6 months following the quarter entity which has paid the applicable in which the distilled spirits are used; faction of the director of the service cen­ wholesale dealer special tax at its prin­ ter that the stamp was lost or destroyed. (3) implement the provisions of Public cipal office, and has paid the applicable Law 90-618 which amended the Internal The certificate shall be kept available for special tax as a retail dealer, shall not inspection in the same manner as pre­ Revenue Code by repealing the require­ be required to pay additional wholesale ment that district directors maintain a scribed for a special tax stamp in dealer special tax at its retail stores by § 194.131. list of special taxpayers for public inspec­ reason of the sale thereat of distilled tion and by exempting persons who pay spirits, wines, or beer, to dealers qualified §§ 194.140-194.142 [Revoked] special tax pursuant to Subtitle E of the to do lousiness as such within the juris­ 8. The center heading “Record 10” Code from posting occupational tax diction of such entity. immediately preceding § 194.140 and stamps; (4) conform to the change in §§ 194.140, 194.141, and 194.142 are name of the Alcohol and Tobacco Tax (72 Stat. 1340, 1343, 1344, as amended; 26 Function; and (5) make miscellaneous U.S.C. 5111, 5113, 5121, 5123) revoked. and clarifying and editorial changes, the 4. Section 194.51 is amended by insert­ 9. Sections 194.230, 194.234, 194.239 regulations in 26 CFR Parts 194, 196, ing a reference to § 194.31 and by (a), and 194.241 are amended to pro­ 197, 201, and 245 are amended as fol­ deleting the reference to Subpart L and vide that the application referred to in lows: inserting in lieu thereof reference to each section is to be submitted in dupli­ cate. As amended, §§ 194.230, 194.234, PART 194— LIQUOR DEALERS §§ 194.181-194.193. As amended, § 194.51 reads as follows: 194.239(a), and 194.241 read as follows: Paragraph A. 26 CFR Part 194 is § 194.51 Special tax liability incurred § 194.230 Recapitulation records. amended as follows: at each place of business. 1. Section 194.4 is amended to change Every wholesale dealer in liquors shall, the words “ this part” to “ Chapter 51, Except as provided in §§ 194.31 and daily, prepare a recapitulation record I.R.C.” and to restrict application of 194.181-194.193, liability to special tax showing the total quantities of distilled § 194.4 to certain taxes by inserting a is incurred at each and every place where spirits received and disposed of during distilled spirits, wines, or beer are sold reference to § 194.1. As amended, § 194.4 the day: Provided, That, upon receipt reads as follows: or offered for sale: Provided, That the term “place” as used in this section of an application, in duplicate, and on § 194.4 Relation to State and municipal means the entire office, plant or area his finding that preparation of the re­ law. of the business in any one location under capitulation daily is not necessary to law The payment of any tax* imposed by the same proprietorship; and passage­ enforcement or protection of the reve­ Chapter 51, I.R.C., for carrying on any ways, streets, highways, rail crossings, nue, the assistant regional commissioner waterways, or partitions dividing the trade or business specified in § 194.1 shall premises shall not be deemed sufficient may authorize a dealer to prepare such not be held to exempt any person from separation to require the payment of record less frequently until otherwise any penalty or punishment provided by additional special tax, if the various divi­ notified. The assistant regional commis­ the laws of any State for carrying on sions are otherwise contiguous. sioner’s authorization shall specify the such trade or business within such State, (72 Stat. 1347; 26 U.S.C. 5143) intervals at which the recapitulation

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 RULES AND REGULATIONS 12853 shall be prepared and shall provide that required by § 194.230, shall be maintained nue officer. As amended, § 196.37 reads the authorization may be withdrawn in chronological order in separate files as follows : if, in the opinion of the assistant re­ at the premises where the distilled spirits § 196.37 Examination o f special tax gional commissioner, preparation of a are received and sent out: Provided, That stamp. daily recapitulation by the dealer is the assistant regional commissioner may, necessary to law enforcement or to pro­ pursuant to an application, in duplicate, The stamp issued as a receipt for the payment of the special (occupational) tection of the revenue. submitted by the wholesale dealer, au­ thorize the files, or any individual file, tax shall be kept at the still manufac­ § 194.234 Daily reports, Forms 52A and to be maintained at other premises un­ turer’s place of business, available for 52B. der control of the same dealer, if he inspection by any internal revenue officer Except as provided in §§ 194.223 and finds that such maintenance will not de­ during business hours. 194.224, every wholesale dealer in liquors lay the timely filing of any document, (72 Stat. 1348; 26 U.S.C. 5146) shall prepare and submit, daily, a report or cause undue inconvenience to internal 5. Section 196.80 is amended to delete on Form 52A of all distilled spirits re­ revenue officers desiring to examine such the reference to “the territory of Hawaii” ceived by him, and on Form 52B of all files. and to provide that the application re­ distilled spirits disposed of by him. The (72 Stat. 1342; 26 U.S.C. 5144) ferred to is to be submitted in duplicate. reports shall be filed with the assistant As amended, § 196.80 reads as follows: regional commissioner or other officer 10. Section 194.247 is amended by de­ designated by him. Each report shall leting the reference to the posting of § 196.80 Removal for domestic use. bear the following declaration signed by special tax stamps. As amended § 194.247 Distilling apparatus which is to be used the dealer or his authorized agent: reads as follows: within the United States and the District I declare under the penalties of perjury § 194.247 Other dealers; no sign re­ of Columbia for purposes other than for that this report, consisting o f ------pages, quired. distilling, as defined in § 196.10, is ex­ has been examined by me and to the best of Internal revenue laws do not require empted from the procedure and require­ my knowledge and belief is a true, correct, the posting of signs by retail dealers in ments set forth in §§ 196.42 to 196.47. and complete report of all the transactions Manufacturers and vendors of distilling which occurred during the period covered liquors, retail dealers in beer, or whole­ sale dealers in beer. apparatus for purposes other than for thereby, and each entry therein is correct. distilling shall maintain at their If in any case the assistant regional com­ premises a record showing all stills missioner shall so authorize, the reports, PART 196— STILLS manufactured, received, and removed or otherwise disposed of. Such record in lieu -of being filed daily, may be filed P ar. B. 26 CFR Part 196 is'amended as for such periods and. at such times as follows: shall show the name and address he may deem necessary in the interest of the purchaser and the purpose for of the Government, or, upon receipt of §§ 196.2, 196.8, 196.32 [Amended] which each still is to be used. Such an application, in duplicate, and a find­ 1. Sections 196.2, 196.8, and 196.32 are records will be kept available for a period ing by the assistant regional commis­ amended by changing “Alcohol and To­ of 2 years for inspection by internal reve­ sioner that such reporting is not neces­ nue officers. At the close of each month, bacco Tax Division”, wherever such term and not later than 10 days thereafter, the sary to law enforcement or protection appears, to read “Alcohol, Tobacco and of the revenue, he may relieve a dealer Firearms Division”. manufacturer or vendor shall submit a from the requirement of preparing and report to the assistant regional commis­ submitting such daily or periodic re­ § 196.6 [Amended] sioner of the region in which his premises ports on Forms 52A and 52B until other­ 2. Section 196.6 is amended by chang­ are located showing the number of stills wise notified. ing “Assistant Regional Commissioner, on hand at the beginning of the month, the number received, the number dis­ (68A Stat. 749, 72 Stat. 1342; 26 U.S.C. 6065. Alcohol and Tobacco Tax,” to “assistant 5114) regional commissioner, alcohol, tobacco posed of, the number on hand at the end and firearms,” . • of the month, and as to each such still removed, the name and address of the §194.239 Requirements for retail 3. Section 196.31 is amended to pro­ dealers. purchaser and the type, capacity, and vide that the notice referred to is to kind. Each report shall be signed by the (a) Records of receipts. Each .retail be submitted in duplicate and to delete dealer in liquors and each retail dealer manufacturer or vendor or his authorized “of the region.” As amended, § 196.31 agent and immediately above the signa­ in beer shall keep at his place of busi­ reads as follows: ness complete records of all distilled ture there shall appear the following spirits, wines, or beer received, showing § 196.31 Manufacturer to notify assist­ statement, “I declare under the penalties (1) the quantities thereof, (2) from ant regional commissioner. of perjury that this report has been ex­ whom received, and (3) the receiving Any person making such changes, re­ amined by me and to the best of my dates: Provided, That in cases where pairs, or alterations of a still or con­ knowledge and belief is a true and cor­ wines and beer are retailed only for off- denser will immediately give notice, in rect report.” Upon application, in dupli­ premises consumption, the assistant re­ duplicate, to the assistant regional com­ cate, by the manufacturer or vendor, the gional commissioner may, pursuant to an missioner of the extent of such repairs assistant regional commissioner may application in duplicate, authorize the or alterations, advising him of the quan­ waive the requirement for the submission records to be maintained at other prem­ tity and cost of new materials and parts of such report when he finds that such ises under control of the same dealer if and the precise nature of the changes. If waiver will not jeopardize the revenue. he finds that such maintenance will not the changes, repairs, or alterations are Such waiver shall terminate upon noti­ cause undue inconvenience to internal involved or complicated, a sketch of the fication by the assistant regional com­ revenue officers desiring to examine such apparatus showing the changes or al­ missioner to the manufacturer or vendor. records. Records of receipts shall con­ terations should also be furnished the § 196.81 [Amended] sist of all purchase invoices or* bills cov­ assistant regional commissioner for de­ ering distilled spirits, wines, and beer termination of tax liability. If such is 6. Section 196.81 is amended to provide received, or, at the option of the dealer, available, information as to the initial a correct cross-reference by changing a book record containing all of the re­ cost of the construction of the apparatus “ § 196.63” to read “ § 196.61”. quired information. should likewise be furnished the assistant regional commissioner. ■ * * * * * PART 197— DRAWBACK ON DISTILLED § 194.241 Place o f filing. (72 Stat. 1339; 26 U.S.C. 5102) SPIRITS USED IN MANUFACTURING Prescribed records of receipt and dis­ 4. Section 196.37 is amended to provide NONBEVERAGE PRODUCTS position and file copies of Forms 52A, that the special tax stamp shall be avail­ P a r . C. 26 CFR Part 197 is amended as 52B, 338, and the recapitulation records able for inspection by any internal reve- follows:

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12854 RULES AND REGULATIONS

§§ 197.2, 197.8, 197.98, 197.109 quence. Amended or revised formulas will ant may be required to separate the nec- [Amended] be'considered as new formulas and seri­ essai^r data into the individual months 1. Sections 197.2, 197.8, 197.98, and ally numbered accordingly. One copy of covered by the claim. An election for the 197.109 are amended by changing “Alco­ each formula will be retained by the Di­ filing of monthly claims may be revoked hol and Tobacco Tax Division”, wherever rector, Alcohol, Tobacco and Firearms upon filing of notice thereof, in writing, the term appears, to read “Alcohol, To­ Division, one copy returned to the man­ -with the assistant regional commissioner! bacco and Firearms Division.” ufacturer, and the original and one copy 8. Section 197.108 is amended to ex­ will be sent to the assistant regional tend the filing period for claims from § 197.6 [Amended] commissioner for filing. The formulas re­ three to six months to conform to the 2. Section 197.6 is amended by chang­ turned to manufacturers shall be filed amendment of section 5134(b), I.R.C., ing “Alcohol and Tobacco Tax” to “alco­ in serial order by the manufacturer and made by Public Law 90-615. As amended! hol, tobacco and firearms” . made available for examination by in­ § 197.108 reads as follows: 4. Section 197.41 is amended to provide ternal revenue officers in the investiga­ § 197.108 Dale of filing claim. that a “Certificate in Lieu of Lost or De­ tion of drawback claims. In the case of stroyed Special Tax Stamp” shall be kept food products, such as preserved fruits, Quarterly claims for drawback shall available for inspection by any internal cakes, soups, etc., it will be sufficient if be filed with the assistant regional com­ revenue officer. As amended, § 197.41 the formulas therefor show the quantity missioner within the 6 months next reads as follows: of proof gallons of distilled spirits used succeeding the quarter in which the dis­ in the production of a given quantity of tilled spirits covered by the claim were § 197.41 Lost or destroyed stamps. finished product. used in the manufacture of nonbeverage If a special tax stamp is lost or acci­ 6. Section 197.96 is amended to specify products. Monthly claims for drawback dentally destroyed, the taxpayer should that only current revisions and editions may be filed at any time after the end of immediately notify the director of the of the United States Pharmacopoeia, the month in which the distilled spirits service center who issued the stamp, who National Formulary, or Homeopathic covered by the claim were used in the will issue to the taxpayer a “Certificate Pharmacopoeia of the United States are manufacture of nonbeverage products, in Lieu of Lost or Destroyed Special Tax acceptable. As amended, § 197.96 reads but must be filed not later than the close Stamp.” The certificate shall be kept as follows : of the sixth month succeeding the available for inspection in the same man­ quarter in which such spirits were used. ner as prescribed for a special tax stamp § 197.96 Products not requiring formu­ (72 Stat. 1346, as amended, 26 U.S.C. 5134) in § 197.47a. las. 9. Section 197.113 is amended by de­ 4a. A new section, § 197.47a, is added Quantitative formulas need not be sub­ leting the reference to Form 2630 and immediately following § 197.47 to pro­ mitted if the products are medicinal by inserting in lieu thereof a reference vide for retention of special tax stamps. preparations, tinctures, or fluid extracts to Form 179 and to the commercial in­ As added, new § 197.47a reads as follows: produced under formulas prescribed by voice provided for in § 197.130b. As current revisions or editions of the § 197.47a Retention of special tax amended, § 197.113 reads as follows: stamps. United States Pharmacopoeia, the Na­ tional Formulary, or the Homeopathic § 197.113 Distilled spirits received in Special tax stamps shall be kept avail­ Pharmacopoeia of the United States, and barrels, drums, or other portable able for inspection by any internal reve­ such products are identified in the sup­ containers. nue officer during business hours. porting data by name and followed by Each claim covering distilled spirits (72 Stat. 1348; 26 U.S.C. 5146) the letters “U.S.P.,” “N.F.,” or “H.P.U.S.,” received in barrels, drums, or other port­ as the case may be. able containers bearing distilled spirits 5. Section 197.95 is amended by chang­ stamps shall be accompanied by a state­ ing “Alcohol and Tobacco Tax Division”, 7. Section 197.106 is amended to in­ corporate the provisions of Revenue ment showing: the date of receipt; the wherever the term appears, to “Alcohol, name and address of the vendor; the Tobacco and Firearms Division”, and by Ruling 63-67 which held that a manu­ facturer who is qualified to file claims kind and serial number of the stamp af­ deleting “Washington 25, D.C.” inas­ fixed to the container and the date the much as the address appears on Form on a monthly basis may file one, two, or three claims covering alcohol used stamp was issued or affixed as stated on 1678. As amended, § 197.95 reads as during a quarter. As amended, § 197.106 the stamp; the serial number, if any, of follows: reads as follows: the container; the name of the producer, § 197.95 Products requiring formulas. blender, or warehouseman as shown on § 197.106 Claims. Form 179 or on the commercial invoice Manufacturers intending to file draw­ The claim for drawback shall be filed provided for in § 197.130b; and the kind, back claims are required to file quanti­ on Form 843 (original only) with the quantity, and proof of the spirits. (When tative formulas for all preparations ex­ assistant regional commissioner, for the the container is emptied, the stamp shall cept those covered by § 197.96. Such for­ region in which the place of manufacture be completely destroyed.) mulas should be sent direct to the Di­ is located, and shall pertain only to dis­ 10. Section 197.114 is amended by de­ rector, Alcohol, Tobacco and Firearms tilled spirits used in the manufacture or leting the requirement that the state­ Division, on Form 1678, in quadruplicate, production of nonbeverage products dur­ ment accompanying a claim covering dis­ before or at the time of manufacture of ing any one quarter of the year, and only tilled spirits received in bottles show the the products. Upon receipt by the Direc­ one claim may be filed for each quarter : serial number of the strip stamp affixed tor, Alcohol, Tobacco and Firearms Di­ Provided, That where the manufacturer to the bottle. As amended, §197.114 vision, the formulas will be examined has notified the assistant regional com­ reads as follows: and if found to be medicines, medicinal missioner, in writing, of his intention to preparations, food products, flavors, or file claims on a monthly basis, in lieu § 197.114 Distilled spirits received in flavoring extracts which are unfit for of a quarterly basis, and has filed a bond bottles. beverage purposes they will be approved. in compliance with the provisions of Each claim covering distilled spirits If the formulas do not meet the require­ § 197.107, claims may be filed monthly received in bottles will be accompanied ments of the law for drawback products, in lieu of quarterly. The election to file by a statement showing: the date of re­ they will be disapproved. No drawback claims on a monthly basis will not pre­ ceipt; the name and address of the will be allowed on distilled spirits used clude a manufacturer from filing a sin­ vendor; the name of the bottler; and the in a disapproved product, unless such gle claim covering alcohol used during a kind, quantity, and proof of the spirits. product is later used in the manufacture quarter, or a single claim for two months 11. A new section, § 197.130a, which of an approved nonbeverage product. of a quarter, or two claims, one for 1 incorporates the provisions of Revenue The formulas should be serially num­ month and one for 2 months. The month Ruling 68-259, is inserted immediately bered, commencing with number one and or months covered by the claim should following § 197.130, to provide that the continuing thereafter in numerical se- be specifically identified, and the claim­ quantity of distilled spirits received shall

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 RULES AND REGULATIONS 12855 be determined accurately. The new (e) The serial number of the con­ signed officer. When spirits in packages section, § 197.130a, reads as follows: tainer; are to be dumped, the proprietor shall (f) The serial number and date of also deliver to the assigned officer a list § 197.130a Distilled spirits received and the distilled spirits stamp; and (one copy) of the serial numbers of the used. (g) The kind of spirits, proof, and packages. Brandies or rums mixed or (a) Receipts. Each manufacturer shall, proof gallons in the container. blended in accordance with this sub­ at the time of receipt, determine, prefer­ part may be packaged, stored, trans­ Form 179 shall be secured and retained ported, transferred in bond, withdrawn ably by weight, and record in his perma­ by the manufacturer for each shipment nent records, the exact quantity of free of tax, withdrawn without payment distilled spirits received: Provided, That received from the bonded premises of a of tax, withdrawn on payment or deter­ if the spirits are received in a tank car distilled spirits plant. mination of tax, or be otherwise dis­ or tank truck and the result of the manu­ 13. Section 197.133 is amended by in­posed of, in the same manner as brandies facturer’s gauge of the spirits is within serting a reference to the commercial or rums not mixed or blended. If brandy 0.2 percent of the quantity reported on invoice provided fqr in § 197.130b. As or rum, mixed or blended in accordance the Form 179 covering the tax-determi­ amended, § 197.133 reads as follows. with this subpart is transferred in bond, nation of such spirits, the quantity re­ § 197.133 Retention o f records. Form 236 and Form 2630 (if any) shall ported on the Form 179 may be recorded Each manufacturer shall retain for a show such fact and whether the brandy in the manufacturer’s permanent rec­ period of not less thap 2 years all records or rum is subject to tax imposed by sec­ ords as the quantity received. However, required by this part, all Forms 179 re­ tion 5023,1.R.C. the receiving gauge shall be noted on ceived by him evidencing tax determina­ (72 Stat. 1367; 26 U.S.C. 5234) Form 179. Losses in transit, other than tion of the spirits, or commercial in­ those attributable to variations in gauge voices as provided in § 197.130b, and all §201.308. Blending procedure. not exceeding the 0.2 percent limitation bills of lading received by him in respect The proprietor shall dump the brandy as provided in this paragraph, must be of shipment of the spirits. In addition, or rum to be blended, gauge the contents determined but shall not be recorded in of the blending tank, gauge the packages the manufacturer’s permanent records a copy of each approved formula re­ turned to the manufacturer shall be re­ (if the spirits are repackaged), and com­ as distilled spirits received. tained by him for not less than 2 years plete Form 1685. The proprietor shall (b) Use. Each manufacturer shall ac­ record the gauge of packages (if any) curately determine, by Weight or volume, from the date he files his last claim for drawback under such formula. Such rec­ on Form 2630 and the tank gauge on the quantity of all distilled spirits used Form 1685, deliver the original of each and enter such quantity in his perma­ ords, forms, and formulas shall be readily available during the manufacturer’s form to the assigned officer, and retain nent records. Where the quantity used a copy of each form for his files. is determined by volume, adjustments regular business hours for examination shall be made if the temperature of the and taking abstracts therefrom by in­ (72 Stat. 1367; 26 U.S.C. 5234) spirits is above or below 60 degrees ternal revenue officers. 3. Section 201.322 is amended to Fahrenheit. A correction table,. Table clarify the language. As amended, No. 7, is available in 26 CFR Part 186, PART 201— DISTILLED SPIRITS PLANTS § 201.322 reads as follows: Gauging Manual. Losses after receipt, due to leakage, spillage, evaporation, or P ar. D. 26 CFR Part 201 is amended § 201.322 Entry and gauge. other causes shall be accurately re­ as follows: Proprietors shall make entry for the corded in the manufacturer’s permanent 1. A new section, § 201.35a, is added bottling of distilled spirits in bond on records at the time such losses are immediately following § 201.35 to provide Form 1515. A separate Form 1515 shall determined. for retention of special tax stamps. As be executed for each lot of spirits to be 12. A new section, § 197.130b, is in­added, new § 201.35a reads as follows: so bottled. Before dumping packages of serted immediately following new spirits, the proprietor shall notify the § 197.130a, to provide that where ship­ § 201.35a Retention o f special tax stamps. assigned officer and shall give him a suit­ ments of spirits are made from a taxpaid able list (one copy) of the serial num­ room, a commercial invoice may be A stamp issued as a receipt for the pay­ bers of the packages to be dumped. Each utilized as evidence of taxpayment in ment of the special tax shall be kept at package shall be carefully examined by lieu of Form 179. The new section, the rectifier’s place of business, available the proprietor, and if any package bears § 197.130b, reads as follows; for inspection by any internal revenue evidence of loss due to theft or unau­ § 197.130b Evidence of taxpayment of officer during business hours. thorized voluntary destruction, or loss in distilled spirits. (72 Stat. 1348; 26 U.S.C. 5146) excess of normal storage losses, such package shall not be dumped until re­ Forms 179, required to be furnished 2. Sections 201.307 and 201.308 are leased by the assigned officer; Form 1515 by the supplier with each shipment of amended to change Form 1685 from an will be amended when necessary. The distilled spirits, shall be retained by the application to a notice. As amended, proprietor shall dump packages promptly manufacturer as evidence of taxpay­ §§ 201.307 and 201.308 read as follows: after the assigned officer has given his ment of the spirits and to support in­ §201.307 Permissible blending. approval therefor on Form 1515; how­ formation required to be furnished in ever, no more spirits shall be dumped at supporting data filed with a claim: Pro­ Fruit brandies distilled from the same any time than can be bottled expedi­ vided, That where shipments are made kind of fruit at not more than 170° of proof may, for the sole purpose of per­ tiously. After dumping the packages, the from a taxpaid room operated in con­ proprietor shall gauge the spirits and nection with a distilled spirits plant, the fecting such brandies according to com­ make a report of such gauge on Form vendor’s commercial invoice may be mercial standards, be mixed or blended 1515. Such gauge shall be made by weight utilized in lieu of Form 179 if the invoice with each other, or with any mixture or and proof unless the assistant regional bears a certification as to taxpayment by blend of such fruit brandies on bonded commissioner approves another method the person who paid the tax, and includes premises. Rums may, for the sole pur­ of gauging. The spirits shall be gauged the following information: pose of perfecting them according to either in the storage portion of the (a) The name and address of vendor; commercial standards, be mixed or bonded warehouse or in the bottling-in­ (b) The registry number of the dis­ blended with each other, or with . any bond facilities; spirits may be trans­ tilled spirits plant from which the spirits mixture or blend of rums on bonded ferred to such facilities by pipeline. The were withdrawn on determination of tax; premises. Before blending such rums or Form 1515 will then be resubmitted to (c) The release number of the appli­ brandies, the proprietor shall give no­ the assigned officer for the release of the cable Form 179; tice on Form 1685, in triplicate, in ac­ (d) The name of the producer, cordance with the instructions on the spirits. blender, or warehouseman of the spirits; form and deliver one copy to the as­ (72 stat. 1366; 26 U.S.C. 5233)

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12856 RULES AND REGULATIONS

4. Two sections, §§ 201.331a and proprietor may show wine gallons or and may place other material required 201.467a, are inserted immediately fol­ proof gallons. No other marks may be by Federal, State,, or local law and reg­ lowing §§ 201.331 and 201.467, respec­ placed on the Government head or side ulations on the Government side, if such tively, to make it clear that shipments of except as authorized by the Director. names and attachments do not interfere spirits without payment of tax to Puerto (72 Stat. 1360; 26 U.S.C. 5206) with or detract from the marks required Rico are subject to the provisions of 27 by this subpart. No other marks may be CFR Part 5 with respect to standards of 6. Sections 201.527 and 201.529 areplaced on the Government side except as fill and labeling requirements. Also, ship­ amended to remove the requirement that authorized by the Director as provided in ments of wines and spirits with benefit certain additional marks be placed on § 201.530. of drawback to Puerto Rico are subject cases of bottled-in-bbnd spirits and on (72 Stat. 1360, 1369; 26 U.S.C. 5206, 5235) to the provisions of 27 CFR Parts 4 and cases of bottled alcohol on the date tax 5, respectively, with respect to standards is determined or when cases are other­ § 201.548 [Deleted] of fill and labeling requirements. The wise withdrawn or removed. As amended, 7. Section 201.548 is deleted. new sections, §§ 201.331a and 201.467a, §§ 201.527 and 201.529 reads as follows: 8. Section 201.563 is amended to con­ read as follows: § 201.527 Marks on cases o f bottled-in­ form to the language in section 5008, § 201.331a Spirits withdrawn for ship­ bond spirits. I.R.C. As amended, § 201.563'reads as follows: ment to Puerto Rico. (a) Mandatory marks. The following Spirits withdrawn without payment of information shall be plainly marked at § 201.563 Claims. tax for shipment to Puerto Rico under the time of bottling on the Government Claims for refund or credit of tax on the provisions of Part 252 of this chap­ side of each case of spirits bottled in spirits voluntarily destroyed under this ter are subject to the provisions of 27 bond: subpart shall be filed pursuant to the CFR Part 5 in respect of labeling re­ (1) Serial number; provisions of Subpart C of this part. quirements and standards of fill for (2) The words “Bottled in Bond” ; Where spirits destroyed on bottling bottles. (3) Kind of spirits; premises contain alcoholic ingredients * (4) Proof gallons; which were not withdrawn by the pro­ § 201.467a Spirits and wines removed (5) Plant number of bottler; for shipment to Puerto Rico. prietor from bond on tax determination, (6) Proof (if bottled in bond for the tax on such ingredients is not allow­ Taxpaid wines and spirits removed for export); able; however, this does not preclude, shipment to Puerto Rico with benefit of (7) Date filled. where applicable, refund or credit of the drawback under the provisions of Part Gases withdrawn for export, transfer to rectification tax on the entire quantity 252 of this chapter are subject to the destroyed. The quantity of all spirits and provisions of 27 CFR Parts 4 and 5, re­ customs bonded warehouses or cus­ toms manufacturing bonded warehouses, alcoholic ingredients subject to the op­ spectively, in respect of labeling require­ erational loss provisions of this part and ments and standards of fill for bottles. transfer to foreign-trade zones, or for 5. Section 201.524 is amended to re­ use as supplies on certain vessels and air­ which are destroyed on bottling premises move the requirement that certain addi­ craft, shall bear the additional marks re­ shall be reported on Form 2611. All claims tional marks be placed on portable con­ quired by Part 252 of this chapter. Cases under this subpart must be filed within tainers when withdrawn from bonded withdrawn tax-free shall be marked to 6 months from the date of destruction. premises (1) oh determination of tax, (2) show the number of the permit of the (72 Stat. 1323, as amended; 26 U.S.C. 5008) tax-free user and the purpose of the for use in wine production, and (3) for § 201.601 [Amended] transfer in bond. As amended, § 201.524 withdrawal as provided in § 201.524(c). reads as follows: (b) Other marks. The proprietor may 9. The last sentence of § 201.601 is also show the real name and/or the trade amended to read “When the assistant re­ § 201.524 Additional marks on portable name of the producer of the spirits, and gional commissioner finds that any containers. may place other material required by samples withdrawn were in excess of the In addition to the other marks re­ Federal, State, or local law and regula­ size and number necessary for the con­ quired by this part, portable containers tions on the Government side, if such duct of the proprietor’s business, or that (other than bottles enclosed in cases) names and attachments do not interfere any samples were used or disposed of in of spirits (including denatured spirits, as with or detract from the markings re­ any manner not authorized by this part, applicable) to be withdrawn from the quired by this subpart. No other marks he shall proceed to collect the tax bonded premises— may be placed on the Government side thereon.” (a) Without payment of tax, for ex­ except as authorized by the Director as § 201.635 [Deleted] port, transfer to customs manufacturing provided in § 201.530. 10. Section 201.635 is deleted. bonded warehouses, transfer to foreign- (72 Stat. 1360, 1366, 84 Stat. 1965; 26 U.S.C. trade zones or supplies for certain ves­ 5206, 5233, 5066) sels and aircraft shall be marked as pro­ PART 245— BEER vided in Part 252 of this chapter; § 201.529 Cases of bottled alcohol. P ar. E . 26 CFR Part 245 is amended as (b) On determination of tax shall be (a) Mandatory marks. The Govern­ follows: marked, if wooden packages, with the ment side of each case of alcohol bottled words “Rinsed” or “Not Rinsed” ; if in accordance with the provisions of §§ 245.2, 245.57, 245.66, 245.105, rinsed, the temperature of the water used Subpart K of this part shall be marked 245.111a, 245.126, 245.221, shall be shown as provided in § 201.377; with the word “Alcohol”, shall be serially 245.222, 245.225, 2451233, 245.236- or numbered, and shall be marked to show 245.239 [Amended] (c) Tax-free shall be marked to show the plant number, proof, and proof gal­ 1. Section 245.2, 245.57, 245.66, 245,105, the number of the permit of the tax-free lons. Cases withdrawn for export, trans­ 245.111a, 245.126, 245.221, 245.222, user, the date of withdrawal, and the pur­ fer to customs manufacturing bonded 245.225, 245.233, 245.236, 245.237, 245.238, pose of withdrawal, as, for example, warehouses, transfer to foreign-trade and 245.239, are amended by changing “Hospital Use”, “Scientific Purposes”, zones, or supplies for certain vfessels and “Alcohol and Tobacco Tax Division”, “ Use of U.S.” aircraft shall bear the additional marks wherever the term appears, to “Alcohol, The proprietor may show the brand or required by Part 252 of this chapter. Tobacco and Firearms Division.” Cases withdrawn tax-free shall be trade name and may place caution § 245.5 [Amended] notices and other material required by marked to show the number of the per­ Federal, State, or local law and regula­ mit of the tax-free user and the purpose 2. Section 245.5 is amended by chang­ tions on the Government head or side if of the withdrawal as provided in ing “alcohol and tobacco tax” to read such names and attachments do not in­ § 201.524(c). “alcohol, tobacco and firearms” in the terfere with or detract from the mark­ (b) Other marks. The proprietor may definition of “Assistant regional commis­ ings required by this subpart. Also the also show the brand or trade name, sioner” and by changing “Alcohol and

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 RULES AND REGULATIONS 12857

Tobacco Tax Division” to read “Alcohol, (72 Stat. 1389; 26 U.S.C. 5412) In consideration of the foregoing, §§ 391.41 and 391.43 of Part 391 in Chap­ Tobacco and Firearms Division” in the § 245.208 t Amended] definitioin of “Director, Alcohol and ter III of Title 49 CFR are amended as Tobacco Tax Division.” 5. Section 245.208 is amended by set forth below, and a new § 392.9b is 3. Section 245.82 is amended by chang­ changing “Alcohol and Tobacco Tax” to added to Part 392 in Chapter HI of Title ing the heading from “Posting special “Alcohol, Tobacco and Firearms.” 49 CFR, reading as set forth below. tax stamp” to “Examination of special § 245.227 [Amended] These amendments are issued under the authority of section 204 of the Inter­ tax stamps” and by changing the require­ 6. Section 245.227 is amended by ment in the text that a special tax stamp state Commerce Act, 49 U.S.C. 304, sec­ changing the reference to “district di­ tion 6 of the Department of Transpor­ be posted to a requirement that the rector” to “ director of the service center.” stamp be available for inspection. As tation Act, 49 U.S.C. 1655, and the amended, § 245.82 reads as follows: § 245.241 [Amended] delegations of authority in 49 CFR 1.48 and 49 CFR 389.4. § 245.82 Examination of special tax 7. Section 245.241 is amended by stamps. changing “ alcohol and tobacco tax” to Issued on July 1,1971. All stamps denoting payment of spe­ “alcohol, tobacco and firearms.” R obert A. K a y e , cial tax shall be kept available for in­ [FR Doc.71-9623 Filed 7-7-71;8:49 am] Director, spection by any internal revenue officer Bureau of Motor Carrier Safety. during business hours. I. Section 391.41(b) (11) of the Motor (72 Stat. 1348; 26 U.S.C. 5146) Carrier Safety Regulations is revised to 4. Section 245.125 is amended by Title 49— TRANSPORTATION read as follows: changing “Alcohol and Tobacco Tax Chapter III— Federal Highway Ad­ § 391.41 Physical qualifications for Division” to “Alcohol, Tobacco and Fire­ ministration, Department of Trans­ drivers. arms Division” and by adding a defini­ portation tion of “Breweries of the same owner­ ***** ship.” As amended, § 245.125 reads as SUBCHAPTER B— MOTOR CARRIER SAFETY (b) A person is physically qualified to follows: REGULATIONS drive a motor vehicle if he— [Docket No. M C-26; Notice No. 71-14] § 245.125 Barrels and kegs. ***** (a) General. The brewer’s name or PART 391— QUALIFICATIONS OF (11) First perceives a forced whis­ trade name and the place of production DRIVERS pered voice in the better ear at not less (city and, where necessary for identifica­ than 5 feet with or without the use of a tion, State) shall be embossed on, idented PART 392— DRIVING OF MOTOR hearing aid or, if tested by use of an or branded in, or (subject to the approval VEHICLES audiometric device, does not have an av­ erage hearing loss in the better ear of the Director, Alcohol, Tobacco and Hearing Aids and Hearing Standards Firearms Division) otherwise durably greater than 40 decibels at 500 Hz, 1,000 marked on each barrel and keg of beer: On April 7, 1971, the Director of the Hz, and 2,000 Hz with or without a hear­ Provided, That where the place of pro­ Bureau of Motor Carrier Safety issued a ing aid when the audiometric device is duction is clearly shown on the bung or notice of proposed rule making, inviting calibrated to American National Stand­ on the tap cover or on a label securely interested persons to comment on a pro­ ard (formerly ASA Standard) Z24.5— affixed to each barrel or keg, the place posal to permit persons who must wear 1951. of production need not be embossed on, hearing aids to meet minimum physical ***** idented or branded in, or otherwise dur­ qualifications to drive commercial motor II. Section 391.43(e) of the Motor Car­ ably marked on the barrel or keg. No vehicles in interstate or foreign com­ rier Safety Regulations is amended by statement as to payment of internal merce (36 F.R. 7144). adding the following sentences after the revenue taxes shall be shown. No objections were received. The avail­ form of medical examiner’s certificate in (b) Breweries of same ownership. able evidence indicates that, because of the paragraph: Where two or more breweries are owned improvements in hearing aids technology and operated by the same person, firm, in recent years, persons who must wear § 391.43 Medical examination; certifi­ or corporation, the place of production hearing aids can drive commercial vehi­ cate of physical examination. may be shown as provided in paragraph cles without appreciably higher risk of ***** (a) of this section, or the locations of accidents than the general population. ( e ) * * * more than one such brewery may be so Accordingly, new rules with respect to If the driver is qualified only when wear­ shown. Where such marking includes a the use of a hearing aid to meet mini­ ing a hearing aid, the following state­ location or locations other than that at mum physical qualifications and while ment must appear on the medical ex­ which the beer currently in the con­ driving a motor vehicle are being aminer’s certificate: “ qualified only tainer was produced, the location of the adopted. Since this amendment relieves when wearing a hearing aid.” brewery at which the beer was produced a restriction, it is effective on the date III. Part 392 of the Motor Carrier must be shown on the bung or on the tap of issuance set forth below. Safety Regulations is amended by adding cover or on a label securely affixed to The Director is also taking this oppor­ the following new § 392.9b: each barrel or keg: Provided, That the tunity to modify the standards for de­ brewer may employ on the label a system termining whether a prospective driver § 392.9b Hearing aid to be worn. of coding or marking, satisfactory to the can hear well enough to pass a medical A driver whose hearing meets the min­ assistant regional commissioner, which examination. The maximum permissible imum requirements of § 391.41(b) (11) of will permit internal revenue officers to hearing loss is being increased from 25-30 'this subchapter only when he wears a readily identify the particular brewery decibels in the better ear to a loss of an hearing aid shall wear a hearing aid and at which the beer was produced. If more average of 40 decibels at 500 Hz, 1,000 have it in operation at all times while he than one commonly owned brewery is Hz, and 2,000 Hz in an audiometric test. is driving. The driver must also have in located in the same city, the location by This change has been made because med­ his possession a spare power source for street number will also be shown on the ical advisors have informed the Bureau use in the hearing aid. label (printed or indicated by code as that the new standard is more realistic in IV. The table of contents of Part 392 provided in this section). For the pur­ permitting persons to drive who have of the Motor Carrier Safety Regulations poses of this subpart, the conditions and moderate hearing losses. Since this is amended by adding the following item requirements of § 245.140 regarding amendment relieves a restriction and im­ after “392.9a Spectacles to be worn.” : breweries belonging to the same brewer poses no additional burden on any per­ son, notice and public procedure on it Sec. shall be applicable in establishing that 392.9b Hearing aid to be worn. breweries are of the same ownership. are unnecessary, and it is effective on the date of issuance set forth below. [FR Doc.71-9589 Filed 7-7-71;8:46 am]

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 No. 131------5 12858 RULES AND REGULATIONS

Chapter V— National Highway Traffic with one alternative being application is necessary. A minimum activation pe­ Safety Administration, Department of the parking brake. The NHTSA has riod of 1 minute is therefore provided. of Transportation found these arguments to have merit, One other request for amendment of and therefore amends S7.3 of the stand­ the warning system requirements has [Docket No. 69-7; Notice 10] ard in several respects. The amended been found meritorious. American Mo­ PART 571— FEDERAL MOTOR section requires, as the first condition tors requested that the words “Fasten VEHICLE SAFETY STANDARDS necessary to activate the warning, that Belts” be permitted as an alternative to the ignition be “on” and that the trans­ “Fasten Seat Belts.” The change would Occupant Crash Protection; mission be in a forward gear. Actuation not affect the sense of the message, and Reconsideration and Amendment is permitted in reverse, but is no longer the request is granted. Requests in other required. The section is further amended petitions for the use of symbols in place The purpose of this notice is to re­ to require that the system on a car with of words, and for a two-stage warning spond to petitions for reconsideration of automatic transmission shall not acti­ sequence, have been evaluated and Motor Vehicle Safety Standard No. 208, vate when the transmission is in “park” rejected. Occupant Crash Protection, in § 571.21 and that the system on a car with man­ of Title 49, Code of Federal Regulations. In its petition, Chrysler requested the ual transmission shall not activate when adoption of size specifications for the The petitions addressed herein are those the parking brake is on or, alternatively, dealing with seat belts and seat belt buttocks of a dummy representing a when the transmission is in neutral. 6-year-old child, on the grounds that warning systems. A notice responding to Several petitions stated that although petitions concerning the passive protec­ currently available dummies do not cor­ the length necessary to fit a 50th- respond to human shape and do not acti­ tion aspects of the standard will be is­ percentile 6-year-old or a 5th-percentile sued shortly and the standard repub­ vate the Chrysler warning system as a adult female may be objectively de­ child would. The problem is not con­ lished in its entirely at that time. terminable, the sensor in a system may The standard as issued March 3, 1971 sidered serious enough to warrant not exactly measure this length due to amendment of the standard in the ab­ (36 F.R. 4600), established January 1, unavoidable variances in production. To 1972, as the first date in the progressive sence of satisfactory data on the shape allow for this variance, a manufacturer of 6-year-old children, and the request stages of the Occupant Crash Protection must calibrate the retractors so that the is denied. requirements. Two petitioners, Mercedes- range of this variance will be beyond Benz and American Motors, requested a the minimum length, and’ as a result A number of petitions dealt with delay in the introduction of the interim it is likely that the warning will con­ other aspects of the seat belt options. protection systems. American Motors re­ tinue to operate in some situations where The requirement for retractors at all quested a delay until April 1, 1972, to a small occupant has properly fastened outboard seating positions, including the allow for adequate compliance testing, the belt. A similar objection was raised third seats in station wagons, was ob­ and Mercedes requested a date of July 1, by Mercedes-Benz and illustrated by the jected to by Ford and Chrysler because 1972, to avoid disruption of the 1972 case of a small child whose bouncing of installation difficulties and the low model production which begins on July 1, could cause the belt to retract far enough frequency of seat occupancy. The simi­ 1971. Upon review of all available infor­ to trigger the warning intermittently. larity of these seating positions to the mation, the NHTSA has concluded that These objections are considered to have center positions, which are exempt from the date is not unreasonably demanding, merit, and the NHTSA has therefore the retractor requirements, has been and the requests are denied. decided to specify a range of extensions found persuasive and retractors are The ^ improved seat belt systems re­ below which the system must activate therefore required only for outboard quired* in passenger cars that do not and above which it must not activate. positions on the first and second seats. provide full passive protection were the The lower end of the range is an exten­ Another petition requested that the subject of several petitions. Primary at­ sion of 4 inches from the normally shoulder belt of Type 2 assemblies should tention was directed to the belt warn­ stowed position, and the upper end is not adjust to fit 50th-percentile 6-year- ing system and the conditions under the extension necessary to fit a 50th- olds, as presently required for passenger .•which it must operate. As issued on percentile 6-year-old child when the seat seats by S7.1.1. As pointed out in the March 3, the standard provides that the is in the rearmost and lowest position. petition, the previous rule had specified system shall operate when and only when This range will allow manufacturers a the 5th-percentile adult' female as the the ignition is on, the transmission is tolerance of several inches in most cases lower end of the range for shoulder belts. in any forward or reverse position, and and will enable them to avoid the prob­ The change effected by the March 3 rule either the driver’s lap belt is not ex­ lems of inadvertent activation. was inadvertent, and the range of occu­ tended at least to the degree necessary Mercedes-Benz requested that the pants is therefore specified as being from to fit a 5th-percentile adult female or warning be deactivated by closing the the 5th-percentile adult female to the a person of at least the weight of a buckle and stated that this would be 95th-percentile male. 50th-percentile 6-year old is seated in simpler and more effective than deacti­ Correspondence from Toyo Kogyo re­ the right front position and the belt is vation by belt extension. Although questing an interpretation of S7.1.2 has not extended to the length necessary to Mercedes’ objections are partially met pointed out a need to clarify the require­ fit him. by the amendments made by this notice ment that the intersection of an upper The intent of the transmission position to the warning system requirements, a torso belt with a lap belt must be 6 requirement was to require operation of related consequence of the amendments inches from the occupant’s centerline. the warning system when the vehicle is that the extension needed to close The phrase “adjusted in accordance with was likely to be in motion, and the effect the buckle would fall within the range the manufacturer’s instructions” is in­ of the “when and only when” phrase was of discretionary deactivation. There tended to refer to adjustment of the up­ to require deactivation in all other does not appear to be good reason to per torso belt, and not to the lap belt positions. Some petitioners argued that prohibit deactivation by means of the which must adjust automatically. The rearward motion was not likely to be buckle, and the standard is therefore section is amended to clarify this intent. fast enough to present a hazard. amended to permit buckle deactivation The second options under the 1972 and Others stated, on the other hand, that as an alternative to deactivation by 1973 requirements (S4.1.1.2, S4.1.2.2) are vehicles with automatic transmissions measurement of the belt extension. amended to expressly permit a Type 2 should deactivate the system only General Motors requested a minimum seat belt assembly with a detachable up­ in “Park”, to encourage drivers to use duration for the warning signal beyond per torso restraint at any seating posi­ that position when leaving the vehicle which it would not be required to op­ tion. A choice of belt systems is per­ with the engine running. Similarly, it erate. On review, this request appears mitted under the third option in 1972, was requested that alternative means of to satisfy the need for warning and to and there was no intent under the second warning system deactivation be permit­ reduce the annoyance of the signal in options to limit all positions to Type 1 ted on cars with manual transmissions, situations where unfastening of the belt belts.

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 RULES AND REGULATIONS 12859

Several requests and questions were forms to Standard No. 289 and to S7.1 tion and with the seat back in the manu­ raised ldgarding the status of “ passive” and S7.2 of this standard. facturer’s nominal design riding position. seat belt systems under the standard as 2. S4.1.2.2 is amended to read as 5. S7.3 is amended to read as follows: issued March 3. Some belt-based con­ follows: S7.3 Seat belt warning system. cepts have been advanced that appear to S4.1.2.2 Secondoption—head-on pas­ 57.3.1 Seat belt assemblies provided be capable of meeting the complete pas­ sive protection system. The vehicle at the front outboard seating positions in sive protection options and further regu­ shall— accordance with S4.1.1 or S4.1.2 shall lation of their performance does not ap­ (a) At each designated seating posi­have a warning system that activates, pear necessary. With respect to the op­ tion, have a Type 1 seat belt assembly or for at least 1 minute, a continuous or tions other than the complete passive a Type 2 seat belt assembly with a de­ intermittent audible signal and continu­ protection options, a question has been tachable upper torso portion that con­ ous or flashing warning light, visible to raised as to whether a passive belt must forms to Standard No. 209 and to S7.1 the driver, displaying the words “Fasten be used in conjunction with active belt and S7.2 of this standard. Seat Belts” or “Fasten Belts” when con­ systems or conform to the adjustment, 3. A new section S4.5.3 is added to read dition (a) exists simultaneously with latching, and warning system require­ as follows: either of conditions (b) or (c ). ments applicable to active belts. Upon re­ S4.5.3 Passive seat belt assemblies. A (a) The vehicle ignition switch is in view, the NHTSA has concluded that the Type 1 or Type 2 seat belt assembly that the “on” position and the transmission passive belt system that is not capable requires no action by vehicle occupants gear selector is in any forward position. of full protection in all crash modes is in may be used under S4 to meet the crash (b) The. driver’s lap belt is not ex­ some respects appropriately regulated by protection requirements of any option tended at least 4 inches from its nor­ seat belt requirements, and is in other that requires a seat belt assembly, and mally stowed position. respects entitled to treatment as a pas­ in place of a seat belt assembly required (c) A person of at least the weight of sive system. to conform to S7.2 and S7.3 of this a 50th-percentile 6-year-old child is To deal expressly with passive belts, a standard, if : seated in the right front designated seat­ new general requirements section is (a) The seat belt assembly conforms ing position and the lap belt for that added to state the applicability of vari­ to S7.1 of this standard; and position is not extended at least 4 inches ous requirements to passive belts and to (b) The seat belt assembly conforms from its normally stowed position. make it clear that redundant active belts to the webbing, attachment hardware, 57.3.2 The warning system shall need not be employed if passive belts are and assembly performance requirements either— used to meet any option requiring Type of Standard No. 209. (a) Not activate when the lap belt at 1 or Type 2 belts. 4. S7.1 is amended to read as follows: each occupied front outboard seating Many of the requirements applicable 57.1 Adjustment. position is extended to any length greater to belts have been adopted because of 57.1.1 Except as specified in S7.1.1.1 than the length necessary to fit a 50th- properties that exist regardless of and S7.1.1.2, the lap belt of any seat belt percentile 6-year-old child when the seat whether the system is active or passive. assembly furnished in accordance with is in the rearmost and lowest adjustment The range of the belt’s adjustment, the S4.1.1 and S4.1.2 shall adjust by means position; or elasticity and width of its webbing, and of an emergency-locking or automatic­ (b) Not activate when the lap belt at the integrity of its attachment hardware locking retractor that conforms to each occupied front outboard position is are all known to affect the protection Standard No. 209 to fit persons whose buckled. given. As amended, the standard there­ dimensions range from those of a 50th- 57.3.3 The warning system shall not fore requires a passive belt to conform to percentile 6-year-old child to those of a activate if the vehicle has an automatic the adjustment requirements of S7.1 and 95th-percentile adult male and the upper transmission and the gear selector is in to the webbing, attachment hardware, torso restraint shall adjust by means of the “Park” position. and assembly performance requirements an emergency-locking retractor or a 57.3.4 Notwithstanding the provisions of Standard No. 209. The petitioners’ ob­ manual adjusting device that conforms of S7.3.1, the warning system on a vehicle jections as to the application of the to Standard No. 209 to fit persons whose that has a manual transmission shall latching requirements to a system that dimensions range from those of a 5th- either— does not require latching and of the percentile adult female to those of a (a7 Not activate when the transmis­ warning system requirements to a sys­ 95th-percentile adult male, with the seat sion is in neutral; or tem that would be functional unless will­ in any position and the seat back in the (b) Not activate when the parking fully defeated have been found to have manufacturer’s nominal design riding brake is engaged. merit. A passive belt system is therefore position. Effective date: January 1, 1972. not required to conform to S7.2 and S7.3. 57.1.1.1 A seat belt assembly installed (Secs. 103, 108, 112, 114, 119, National Traffic In order to assure that a passive belt at the driver’s seating position shall and Motor Vehicle Safety Act, 15 U.S.C. 1392, or other passive system will not hinder adjust to fit persons whose dimensions 1397,1401, 1403, 1407; delegation of authority an occupant from leaving the vehicle range from those of a 5th-percentile at 49 CFR 1.51) after a crash, the NHTSA proposes in a adult female to those of a 95th-percentile separate notice in today’s issue of the adult male. Issued: July 2, 1971. F ederal R egister (36 F .R . 12866) to 57.1.1.2 A seat belt assembly installed D ouglas W . T o m s , require a release for the occupant that at any designated seating position other Acting Administrator. either operates automatically in the than the outboard positions of the front [FR Doc.71-9618 Filed 7-2-71;2:42 pm] event of a crash, or operates manually at and second seats shall adjust either by a single point that is accessible to the a retractor as specified in S7.1.1 or by a Chapter X— Interstate Commerce seated occupant. manual adjusting device that conforms In consideration of the foregoing, to Standard No. 209. Commission Motor Vehicle Safety Standard No. 208, 57.1.2 The intersection of the upper SUBCHAPTER A— GENERAL RULES AND Occupant Crash Protection, in § 571.21 torso belt with the lap belt in any Type 2 REGULATIONS of Title 49, Code of Federal Regulations, seat belt assembly furnished in accord­ PART 1033— CAR SERVICE is amended to read as follows: ance with S4.1.1 or S4.1.2, with the upper 1. S4.1.1.2 is amended to read as torso manual adjusting device, if pro­ [S.O. 1076] follows: vided, adjusted in accordance with the Chicago, Rock Island and Pacific Rail­ S4.1.1.2 Second option—lap "belt pro­ manufacturer’s instructions, shall be at road Co. Authorized To Operate tection system with belt warning. least 6 inches from the front vertical Over Certain Trackage of Union (a) At each designated seating posi­centerline of 50th-percentile adult tion have a Type 1 seat belt assembly or male occupant, measured along the cen­ Pacific Railroad Co. a Type 2 seat belt assembly with a de­ terline of the lap belt, with the seat in At a session of the Interstate Com­ tachable upper torso portion that con­ its rearmost and lowest adjustable posi­ merce Commission, Railroad Service

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12860 RULES AND REGULATIONS

Board, held at its office in Washington, for making jthis order effective upon less December 31, 1971, unless otherwise D.C., on the 2d day of July 1971. than 30 days’ notice. modified, changed or suspended by order It appearing, that because track de­ It is ordered, That: of this Commission. terioration of a portion of its Ruskin Branch in the vicinity of Fairbury, Nebr., § 1033.1076 Service Order No. 1076. (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, 384, as amended; 49 U.S.C. 1, 12, 15, and has resulted in an unsafe operating con­ (a) Chicago, Rock Island and Pacific 17(2). Interprets or applies secs. 1(10-17), dition, the Chicago, Rock Island and Railroad Co. authorized to operate over 15(4), and 17(2), 40 Stat. 101, as amended Pacific Railroad Co. is unable to continue certain trackage of Union Pacific Rail­ 54 Stat. 911; 49 U.S.C.. 1(10-17), 15(4), and service to patrons located at various road Co. 17(2)) stations on its Ruskin Branch; that the The Chicago, Rock Island and Pacific Union Pacific Railroad Co. has consented Railroad Co. be, and it is hereby, author­ It is further ordered, That copies of to use by the Chicago, Rock Island and ized to operate over trackage of the this order and direction shall be sérved • Pacific Railroad Co. of a portion of its Union Pacific Railroad Co. between upon the Association of American Rail­ main line between Union Pacific mile­ Union Pacific mileposts 152.807 and roads, Car Service Division, as agent of posts 152.807 and 154.242, at Fairbury, 154.242, at Fairbury, Nebr., a distance of the railroads subscribing to the car serv­ Nebr., a. distance of approximately 1.435 approximately 1.435 miles. ice and car hire agreement under the miles; that the Commission is of thè (b) Application. The provisions of this terms of that agreement, and upon the opinion that operation by the Chicago, section shall apply to intrastate and for­ American Short Line Railroad Associa­ Rock Island and Pacific Railroad Co. eign traffic, as well as to interstate tion; and that notice of this order shall over this trackage of the Union Pacific traffic. be given to the general public by de­ Railroad Co. is necessary in the interest (c) Rules and regulations suspended. positing a copy in the Office of the Sec­ of the public and the commerce of the The operation of all rules and regula­ retary of the Commission at Washing­ people, pending final disposition of the tions, insofar as they conflict with the ton, D.C., and by filing it with the Di­ rector, Office of the Federal Register. application of the Chicago, Rock Island provisions of this section, is hereby and Pacific Railroad Co. for permanent suspended. By the Commission, Railroad Service (d) Effective date. This section shall Board. authority to operate over this trackage; become effective at 12:01 a.m., July 5, that notice and public procedure herein 1971. [ seal] R obert L. O sw a ld , are impractical and contrary to the pub­ (e) . Expiration date. The provisions of Secretary. lic interest; and that good cause exists this section shall expire at 11:59 p.m., [FR Doc.71-9647 Filed 7-7-71;8:51 am]

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12861

Proposed Rule Making

(c )-l through 1.642(c)-4 apply to filing the income tax return for such DEPARTMENT OF THE TREASURY amounts paid, permanently set aside, or succeeding taxable year or (ii) June 8, to be used for a charitable purpose in 1970, whichever is later. Internal Revenue Service taxable years beginning after Decem­ (2) Manner of making election. The election shall be made by a statement [2 6 CFR Parts 1, 13 1 ber 31, 1969. The provisions of section 642(c) (5) and of §§ 1.642(c)-5 through attached to the return (or an amended INCOME TAXES 1.642(c)-7 apply to transfers in trust return) for the taxable year in which made after July 31, 1969. For provisions the contribution is treated as paid un­ Deductions for Amounts Paid or Per­ relating to amounts paid, permanently der subparagraph (1) of this paragraph manently Set Aside by an Estate or set aside, or to be used for a charitable and shall— Trust for a Charitable Purpose purpose in taxable years beginning be­ (i) State the name and address of the fore January 1,1970, see 26 CFR 1.642(c) fiduciary and identify the estate or trust Notice is hereby given that the regula­ for which he acts, tions set forth in tentative form below through 1.642(c)-4 (Rev. as of Jan. 1, 1971). (ii) Clearly indicate that the fiduciary are proposed to be prescribed by the Com­ is making an election under section 642 missioner of Internal Revenue, with the P ar. 2. Section 1.642(c)-1 is revised to approval of the Secretary of the Treas­ read as follows: (c) (1) for the taxable year. ury or his delegate. Prior to the final (iii) State the name of each organiza­ § 1.642(c)—1 Unlimited deduction for tion to which a contribution was paid in adoption of such regulations, considera­ amounts paid for a charitable pur­ tion will be given to any comments or respect of which the election applies, and pose. the amount and date of the actual pay­ suggestions pertaining thereto which are (a) In general. Any part of the gross submitted in writing, preferably in ment of each such contribution, and income of an estate, or of a trust which (iv) In the case of a contribution of quintuplicate, to the Commissioner of for the taxable year is a complex trust, Internal Revenue, Attention: CC:LR:T, property other than money, state the Washington, D.C. 20224, by August 9, as defined in § 1.661 (a)-1, that by the kind of property contributed and the 1971. Any written comments or sugges­ terms of the governing instrument is paid method used to determine its fair market tions not specifically designated as con­ (or treated under paragraph (b) of this value at the time of the contribution. fidential in accordance with 26 CFR section as paid) during the taxable year (3) Revocation of election with con­ 601.601(b) may be inspected by any per­ for a purpose specified in section 170(c) sent. The election for any taxable year son upon written request. Any person shall be allowed as a deduction to such shall be binding unless consent to revoke submitting written comments or sugges­ estate or trust in lieu of the limited char­ it is obtained from the Commissioner. tions who desires an opportunity to com­ itable contributions deduction authorized An application for consent to revoke an ment orally at a public hearing on these by section 170(a). In determining election for any taxable year must be in proposed regulations should submit his whether an amount is paid for a* purpose writing and must— request, in writing, to the Commissioner specified in section 170(c)(2) the pro­ (i) Be addressed to the Commissioner by August 9, 1971. In such case, a public visions of section 170(c) (2) (A) shall not of Internal* Revenue, Washington, D.C. hearing will be held, and notice of the be taken into account. Thus, an amount 20224, time, place, and date will be published in paid to a corporation, trust, or commu­ (ii) Set forth the name and address nity chest, fund, or foundation otherwise a subsequent issue of the F ederal R egis­ of the fiduciary and identify the estate or described in section 170(c)(2) shall be ter. The proposed regulations are to be trust for which he acts, issued under the authority contained in considered paid for a purpose specified (iii) State the taxable year for which section 7805 of the Internal Revenue in section 170(c) even though the cor­ the election was made, Code of 1954 (68A Stat. 917; 26 U.S.C. poration, trust, or community chest, (iv) State the reason for revoking the 7805). fund, or foundation is not created or or­ election, ganized in the United States, any State, (v) Be filed not later than the time, [seal] H arold T. S w a r tz, the District of Columbia, or any posses­ including extensions thereof, prescribed Acting Commissioner of sion of the United States. See section by law for filing the income tax return Internal Revenue. 642(c) (6) and § 1.642(c)-4 for disallow­ for the taxable year next succeeding the In order to conform the Income Tax ance of a deduction under this section to taxable year for which the election was Regulations (26 CFR Part 1) to section a trust which is a private foundation (as made, and 642(c) (other than section 642(c) (5)) of defined in section 509(a) and the regula­ (vi) Be signed by the fiduciary. If per­ the Internal Revenue Code of 1954, as tions thereunder) and not exempt from mission is granted to revoke the elec­ amended by section 201(b) of the Tax taxation under section 501(a). tion, the fiduciary must attach a copy of Reform Act of 1969 (83 Stat. 558), re­ (b) Election to treat contributions as the consent to an amended income tax lating to charitable contributions by es­ paid in preceding taxable year— (1) Time return for the taxable year for which the tates and trusts, and to section 201(c) of for making election. For purposes of de­ election was made. such Act (83 Stat. 560), relating to two- termining the deduction allowed under P ar. 3. Section 1.642(c)-2 is revised to year charitable trusts, such regulations paragraph (a) of this section, the fidu­ read as follows: are hereby amended as set forth below. ciary (as defined in section 7701(a) (6)) Section 1.642(c)-1(b) of the regulations of an estate or trust may elect under § 1.642(c)—2 Unlimited deduction for hereby adopted supersedes those pro­ section 642(c) (1) to treat as paid during amounts permanently set aside for a visions of § 13.0 of this chapter relating the taxable year {whether or not such charitable purpose. to section 642(c) (1) of the Code which year begins before January 1, 1970) any (a) Estates. Any part of the gross in­ were prescribed by T.D. 7032, approved amount otherwise deductible under such come of an estate which, by the terms of March 9, 1970 (35 F.R. 4330). paragraph which is paid after the close the will— Paragraph 1. There is inserted im­ of such taxable year but on or before the (1) Is permanently set aside during mediately after § 1.642(c) the following last day of the next succeeding taxable the taxable year for a purpose specified new section: year of the estate or trust which is a in section 170(c), or taxable year beginning after December (2) Is to be used exclusively for re­ § 1.6 42(c)—0 Effective dates. 31, 1969. The election must be made not ligious, charitable, scientific, literary, or The provisions of section 642 (c) (other later than (i) the time, including ex­ educational purposes, or for the preven­ than section 642(c)(5)) and of §§ 1.642 tensions thereof, prescribed by law for tion of cruelty to children or animals, or

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12862 PROPOSED RULE MAKING for the establishment, acquisition, main­ the care of the person or property of the- ited charitable contributions deduction tenance, or operation of a public ceme­ grantor. If a grantor has notr^een ad­ authorized by section 170(a). No deduc­ tery not operated for profit, judged mentally incompetent, a certifi­ tion shall be allowed under this para­ shall be allowed as a deduction to the cate from a qualified physician stating graph for any portion of the gross in­ estate in lieu of the limited charitable that such grantor has at all times after come of such fund which is attributable contributions deduction authorized by October 9, 1969, been mentally incom­ to income other than net long-term capi­ section 170(a). petent must be attached to the return on tal gain. However, see paragraph (b) of (b) Certain trusts— (1) In general.which a deduction is claimed by reason this section for special provisions ap­ Any part of the gross income of a trust, of this subdivision and subparagraph (1) plicable to a pooled income fund which for the taxable year is a complex of this paragraph. If a grantor has been which meets the requirements of that trust, as defined in § 1.661 (a)-1, to which adjudged mentally incompetent, a cer­ paragraph. either subparagraph (2) or (3) of this tified copy of the j-udgment or decree, (d) Disallowance of deduction for cer­ paragraph applies, that by the terms of and any modification thereof, must be tain amounts not deemed to be perma­ the governing instrument— attached to the return. This subdivision nently set aside for charitable purposes. (1) Is permanently set aside during the applies even though a person charged No amount will be considered to be per­ taxable year for a purpose specified in with the care of the person or property manently set aside for a purpose or use section 170(c), or of the grantor has the power to change described in paragraph (a) or (b)(1) of (ii) Is to be used exclusively for reli­ the terms of the trust. this section unless under the terms of gious, charitable, scientific, literary, or (3) Testamentary trust established bythe governing instrument and the cir­ educational purposes, or for the preven­ will executed on or before October 9, cumstances of the particular case the tion of cruelty to children or animals, or 1969. A trust to which this subpara­ possibility that the amount set aside will for the establishment, acquisition, main­ graph applies is a trust which was estab­ not be deVoted to such purpose or use is tenance, or operation of a public cemetery lished by will executed on or before Oc­ so remote as to be negligible. not operated for profit, tober 9, 1969, and which qualifies under Par. 4. Section 1.642(c)- 3 is revised to either subdivision (i), (ii), or (iii) of read as follows: shall be allowed as a deduction to the this subparagraph. trust in lieu of the limited charitable (i) Testator dying within 3 years § 1.642(c)—3 Adjustments and other contributions deduction authorized by without republishing his will. To qualify special rules for determining unlim­ section 170(a). This paragraph applies ited charitable contributions deduc­ under this subdivision the trust must tion. only to the gross income earned by a have been established by the will of a trust with respect to amounts trans­ testator who died after October 9, 1969, (a) Income in respect of a decedent. ferred to the trust on or before October 9, but before October 9, 1972, without hav­ For purposes of §§ 1.642(c )-l and 1.642 1969, or transferred under a will executed ing republished the will after October 9, (c)-2, an amount received by an estate on or before October 9,1969, and satisfy­ 1969, by codicil or otherwise. or trust which is includible in its gross ing the requirements of subparagraph (ii) Testator having no right to income under section 691(a)(1) as in­ (3) of this paragraph. See section 642 change his will. To qualify under this come in respect of a decedent shall be in­ (c) (6) and § 1.642(c)-4 for disallow­ subdivision the trust must have been cluded in the gross income of the estate ance of a deduction under this section established by the will of a testator who or trust. to a trust which is a private foundation died after October 9, 1969, and who at no (b) Reduction of charitable contribu­ (as defined in section 509(a) and the time after that date had the right to tions deduction by amounts not included regulations thereunder) and not exempt change any portion of such will pertain­ in gross income. (1) If an estate or trust from taxation under section 5Ql(a). ing to such trust. This subdivision could pays, permanently sets aside, or uses any (2) Trusts created on or before Oc­ apply, for example, where a contract has amount of its income for a purpose speci­ tober 9, 1969. A trust to which this sub- been entered into for the execution of fied in section 642(c) (1) or (2) and that paragraph applies is a trust, testamen­ wills containing reciprocal provisions as amount includes any items of estate or tary or otherwise, which was created on well as provisions for the benefit of an trust income not entering into the gross or before October 9, 1969, and which income of the estate or trust, the deduc­ organization described in section 170(c) tion allowable under § 1.642 (c )-l or qualifies under either subdivision (i) or and under applicable local law the sur­ § 1.642(c)-2 is limited to the gross in­ (ii) of this subparagraph. viving testator is prohibited from re­ (i) Transfer of irrevocable remainder come so paid; permanently set aside, or voking his will because he has accepted used. interest to charity. To qualify under this the benefit of the provisions of the will (2) In determining whether such subdivision the trust must have been of the other contracting party. created under the terms of an instru­ amounts include particular items of in­ ment granting an irrevocable remainder (iii) Testator under a mental disabil­ come of an estate or trust, if the govern­ interest in such trust to or for the use of ity to republish his will. To qualify under ing instrument specifically provides as to an organization described in section 170 this subdivision the trust must have the source out of which amounts are to (c ). If the instrument granted a revoca­ been established by the will of a testa­ be paid* permanently set aside, or used ble remainder interest but the power to tor who died after October 8, 1972, with­ for such a purpose, the specific provision revoke such interest terminated on or out having republished such will before controls. In the absence of specific provi­ before October 9, 1969, without the re­ October 9, 1972, by codicil or otherwise, sions in the governing instrument, an mainder interest having been revoked, and who is under a mental disability amount to which section 642(c) -(1) or the remainder interest will be treated as at all times after October 8, 1972, to re­ (2) applies is deemed to consist of the irrevocable for purposes of the preceding publish such will, by codicil or otherwise. same proportion of each class of the sentence. The provisions of subparagraph (2) (ii) items of income of the estate or trust as (ii) Grantor under a mental disability of this paragraph with respect to mental the total of each class bears to the total to change terms of trust. To qualify un­ incompetence apply for purposes of this of all classes. See paragraph (b) of der this subdivision the trust must have subdivision. § 1.642(a)-5 for the method of determin­ been created by a grantor who was at (c) Pooled income funds. Any part ofing the allocable portion of exempt in­ all times after October 9, 1969, under a the gross income of a pooled income come and foreign income. mental disability to change the terms of fund to which § 1.642(c)-5 applies for (3) For the purpose of this paragraph, the trust. The term “mental disability” the taxable year that is attributable to the provisions of section 116 are not to for this purpose means mental incom­ net long-term capital gain (as defined be taken into account. petence to change the terms of the trust, in section 1222(7)) which, pursuant to (4) For examples showing the deter­ whether or not there has been an adju­ the terms of the governing instrument, mination of the character of an amount dication of mental incompetence and is permanently set aside during such deductible under § 1.642 (c )-l or § 1.642 whether or not there has been an ap­ taxable year for a purpose specified in (c)-2, see examples (1) and (2) in § 1.662 pointment of a committee, guardian, section 170(c) shall be allowed as a (b) -2 and paragraph (e) of the example fiduciary, or other person charged with deduction to the fund in lieu of the lim­ in § 1.662(c)-4.

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 PROPOSED RULE MAKING 12863

(c) Capital gains included in charita­ uals, be allowed a deduction under sec­ § 1 .6 7 3 (b ) Statutory provisions; estates ble contribution. Where any amount of tion 170 for charitable contributions paid and trusts; grantors and others the income paid or permanently set aside during the taxable year. treated as substantial owners; char­ for a purpose specified in section 170(c), (b) This section does not apply to a itable benefieiaries. or used for a purpose specified in section trust described in section 4947(a) (1> or * * * * * 642(c) (2), is attributable to net long­ (2) unless such trust fails to meet the (Sec. 673(b) before repeal by sec. 201(c), Tax term capital gain (as defined in section requirements of section 508(e). However, Reform Act 1969 (83 Stat. 560) ] 1222(7)), the amount of the deduction this section will apply to a trust if— P a r . 11. Section 1.673(b )-l i s amended otherwise allowable under § 1.642 (c )-l (1) The status of such trust as an by revising the heading and adding the or § 1.642(c)—2, must be adjusted for organization exempt from taxation under following new paragraph: any deduction provided in section 1202 section 501(a) which is described in sec­ of 50 percent of the excess, if any, of the § 1.673(b)—1 Ineeme payable to char­ tion 501(c) (3) is recognized cm October 9, itable beneficiaries (before amend­ net long-term capital gain over the net 1969, or at any time thereafter. short-term capital loss. For determina­ ment by Tax Reform Act of 1969). (2) Such trust is a private foundation * * # * * tion of the extent to which the contri­ at such time, and bution to which § 1.642(c)-1 or § 1.642 (d) This section does not apply to (c)-2 applies is deemed to consist of net (3) Such trust is thereafter deter­ transfers in trust made after April 22, mined not to be exempt from taxation long-term capital gains, see paragraph under section 501(a) as an organization 1969. (b) of this section. The application of described in section 501(c)(3). [FR Doc.71-9651 Filed 7-7-71;8:51 am] this paragraph may be illustrated by the following example. § 1.642(c)—5 [Amended] Example. Under the terms of the trust in­ Par. 6. Section 1.642(c)-5 is amended strument, the income of a trust to which by deleting paragraph (d). paragraph (b) (2) (L) of § 1.642(c)-2 applies DEPARTMENT OF AGRICULTURE ar is currently distributable to A during his life P . 7. Section 1.643 (a)-3 is amended Consumer and Marketing Service and capital gains are aUocable to corpus. No by revising paragraph (c) to read as provision is made in -the trust instrument for follows: [ 7 CFR Part 922 ] the invasion of corpus for the benefit of A. Upon A’s death the corpus of the trust is § 1 .6 4 3 (a )—3 Capital gains and losses. APRICOTS GROWN IN DESIGNATED to be distributed to M University, an organi­ * * * * * COUNTIES IN WASHINGTON zation described in section 501(c) (3) which (c) The deduction under section 1202 Approval of Expenses and Fixing of is exempt from taxation under section 501 (relating to capital gains) is taken into (a). During the taxable year ending Decem­ Rate of Assessment for 1971—72 ber 31, 1970, the trust has net long-term account in computing distributable net capital gains of $100,000 from property trans­ income to the extent that it is allocable Fiscal Period ferred to it before October 9, 1969, which, al­ to capital gains which are paid, perma­ Consideration is being given to the though allocable to corpus, are permanently nently set aside, or to be used for the following proposals submitted by the set aside for charitable purposes. The trust purposes specified in section 642(c). See includes $100,000 in gross income but is al­ Washington Apricot Marketing Commit­ the regulations under section 642(c) to tee, established under the marketing lowed a deduction of $50,000 under section determine the extent to which the 1202 for the long-term capital gains and a agreement, as amended, and Order No. charitable contributions deduction of $50,000 amount so paid, permanently set aside, 922, as amended (7 CFR Part 922), regu­ under section 642(c) (2) ($100,000 perma­ or to be used consists of capital gains. lating the handling of apricots grown nently set aside for charitable purposes less The deduction for capital gains provided in designated counties in Washington, $50,000 allowed as a deduction under section in section 1202 insofar as it is allocable effective under the applicable provisions 1202 with respect to such $100,000). to the remainder of the capital gains is of the Agricultural Marketing Agreement (d) Disallowance of deduction for not taken into account. Act of 1937, as amended (7 U.S.C. 601- amounts aUocable to unrelated business * * * * * 674), as the agency to administer the income. In the case of a trust, the deduc­ P ar. 8. Section 1.643(a)-7 is amended terms and provisions thereof : tion otherwise allowable under § 1.642 to read as follows: (1) That the expenses that are rea­ (c) - l or § 1.642(c)-2 is disallowed to the sonable and likely to be incurred by the extent of amounts allocable to the trust’s § 1.643(a)—7 Dividends. Washington Apricot Marketing Commit­ unrelated business income. See section Dividends excluded from gross income tee during the period April 1, 1971, 681(a) and the regulations thereunder. under section 116 (relating to partial through March 31, 1972, will amount to (e) Disallowance of deduction in cer­ exclusion of dividends received) are in­ $3,774. tain cases. For disallowance o f certain cluded in distributable net income. For (2) That there be fixed, at $1.50 per deductions otherwise allowable under this purpose, adjustments similar to ton of apricots, the rate of assessment section 642(c) (1), (2), or (3), see sec­ those required by § 1.643(a)-5 with re­ payable by each handler in accordance tions 508(d) and 4948(c) (4). spect to expenses allocable to tax-exempt with § 922.41 of the aforesaid marketing (f) Information returns. For rules ap­ income and to income included in agreement and order. plicable to the annual information re­ amounts paid or set aside for charitable All persons who desire to submit writ­ turn that must be filed by trusts claiming purposes are not made. See the regula­ ten data, views, or arguments in con­ a deduction under section 642 (c) for the tions under section 642(c). nection with the aforesaid proposals taxable year, see section 6034 and the Par. 9. Section 1.673(a)-1 is amended should file the same, in quadruplicate, regulations thereunder by revising paragraph (a) (2) to read as with the Hearing Clerk, U.S. Department Par. 5. Section 1.642(e)-4 is revised follows: of Agriculture, Room 112, Administra­ to read as follows: tion Building, Washington, D.C. 20250, § 1 .6 7 3 (a )—1 Reversionary interests; in­ not later than the 10th day after the § 1.6 42(c)—4 Nonexempt private foun­ come payable to benefieiaries other dations. than eertain charitable organizations; publication of this notice in the F ederal general rule. R egister. All written submissions made (a) In the case of a private foundation pursuant to this notice will be made (as defined in section 509(a) and the (a) * * * available for public inspection at the regulations thereunder) which is a trust (2) Except in the case of transfers in office of the Hearing Clerk during regu­ and which is not exempt from taxation lar business horns (7 CFR 1.27(b)) . under section 501(a) for the taxable year, trust made after April 22, 1969, a rever­ a deduction for amounts paid or perma­ sionary interest in a charitable trust Dated: July 2,1971. meeting the requirements of section 673 nently set aside for a purpose specified P aul A . N ic h o l s o n , in section 170(e), or used for a purpose

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12864 PROPOSED RULE MAKING

[ 7 CFR Part 923 ] dling of fresh primes grown in designated regulation under the order if such olives counties in Washington and in Umatilla are handled in accordance with the pro­ SWEET CHERRIES GROWN IN DESIG­ County, Oreg., effective under the appli­ cedures specified by the order. However, NATED COUNTIES IN WASHINGTON cable provisions of the Agricultural Mar­ the U.S. Standards for Grades of Canned keting Agreement Act of 1937, as Approval of Expenses and Fixing of Ripe Olives currently contain no specifi­ amended (7 U.S.C. 601-674), as the cations for canned ripe olives of the tree- Rate of Assessment for 1971—72 agency to administer the terms and pro­ ripened type, and the order does not con­ Fiscal Period and Carryover of visions thereof : tain a definition for olives of such type. Unexpended Funds (1) Expenses, that are reasonable and The committee has reviewed order oper­ likely to be incurred by said committee, ations under the existing definition and Consideration is being given to the during the period April 1, 1971, through has concluded that without continuation following proposals submitted by the March 31, 1972, will amount to $15,054. of the definition as a basis for applica­ Washington Cherry Marketing Commit­ (2) That there be fixed, at $0.50 per tion of order provisions it would be pos­ tee, established under the marketing ton of fresh prunes, the rate of assess­ sible for handlers to market, as canned agreement and Order No. 923 (7 CFR ment payable by each handler in accord­ ripe olives of the tree-ripened type, olives Part 923) regulating the handling of ance with § 924.41 of the aforesaid of the regulated canned ripe type which sweet cherries grown in designated coun­ marketing agreement and order. fail to meet the applicable regulatory ties in Washington, effective under the All persons who desire to submit writ­ requirements. applicable provisions of the Agricultural ten data, views, or arguments in connec­ The proposed amendment is as fol­ Marketing Agreement Act of 1937, as tion with the aforesaid proposals shall lows: amended (7 U.S.C. 601-674), hs the file the same, in quadruplicate, with the agency to administer the terms and pro­ Hearing Clerk, U.S. Department of Agri­ § 932.109 Canned ripe olives of the tree- visions thereof : ripened type. culture, Room 112, Administration Build­ * * * * * (1) That expenses that are reason­ ing, Washington, D.C. 20250, not later able and likely to be incurred by said than the 10th day after the publication (b) The provisions of this section committee, during the period April 1, of this notice in the F ederal R egister. shall be applicable only during the crop 1971, through March 31, 1972 will All written submissions made pursuant year ending August 31,1972. amount to $14,013. to this notice will be made available for All persons who desire to submit writ­ (2) That there be fixed, at $0.50 per public inspection at the office of the ten data, views, or arguments for con­ ton of sweet cherries, the rate of assess­ Hearing Clerk during regular business sideration in connection with the pro­ ment payable by each handler in accord- hours (7 CFR 1.27(b)). posal may file the same, in quadruplicate, dance with § 923.41 of the aforesaid with the Hearing Clerk, U.S. Department marketing agreement and order. Dated: July 2, 1971. of Agriculture, Room 112, Administra­ (3) That unexpended assessment P aul A . N ic h o l s o n , tion Building, Washington, D.C. 20250, funds, in excess of expenses incurred Deputy Director, Fruit and Veg­ not later than the 10th day after pub­ during the fiscal period ended March 31, etable Division, Consumer and lication of the notice in the F ederal 1971, shall be carried over as a reserve Marketing Service. R egister. in accordance with the applicable pro­ [FR Doc.71-9641 Filed 7-7-71;8:50 am] All written submissions made pursuant visions of § 923.42 of said marketing to this notice will be made available for agreement and order. public inspection at the Office of the All persons who desire to submit writ­ [ 7 CFR Part 932 1 Hearing Clerk during regular business ten data, views, or arguments in connec­ hours (7 CFR 1.27(b)). tion with the aforesaid proposals shall OLIVES GROWN IN CALIFORNIA Dated: July 2, 1971. file the same, in quadruplicate, with the Notice of Proposed Rule Making Hearing Clerk, U.S. Department of Agri­ P aul A . N ic h o l s o n , Notice is hereby given that the Depart­ Deputy Director, Fruit and culture, Room 112, Administration Build­ ment is considering a proposed amend­ ing, Washington, D.C. 20250, not later Vegetable Division, Consumer ment, as hereinafter set forth, to the and Marketing Service. than the 10th day after the publication rules and regulations (Subpart—Rules of this notice in the F ederal R egister. and Regulations; 7 CFR 932.108-932.161) [FR Doc.71-9607 Piled 7-7-71;8:49 am] All written submissions made pursuant currently effective pursuant to the appli­ to this notice will be made available for cable provisions of the marketing agree­ public inspection at the office of the ment, as amended, and Order No. 932, as Hearing Clerk during regular business amended (7 CFR Part 932), regulating DEPARTMENT OF hours (7 CFR 1.27(b)). the handling of olives grown in Califor­ Dated: July 2,1971. « nia, hereinafter referred to collectively TRANSPORTATION as the “order.” This is a regulatory pro­ Federal Aviation Administration P aul A . N ic h o l s o n , gram effective under the Agricultural Deputy Director, Fruit and Marketing Agreement Act of 1937, as Vegetable Division, Consumer [1 4 CFR Part 71 ] amended (7 U.S.C. 601-674). [Airspace Docket No. 71-SO-44] and Marketing Service. The amendment to the said rules and [FR Doc.71-9640 Filed 7-7-71;8:50 am] regulations was proposed by the Olive TRANSITION AREA Administrative Committee, established under the said marketing agreement and Proposed Alteration 17 CFR Part 924] order as the agency to administer the The Federal Aviation Administration FRESH PRUNES GROWN IN terms and provisions thereof. (FAA) is considering an amendment to WASHINGTON AND OREGON The provisions of § 932.109 contain a Part 71 of the Federal Aviation Regula­ definition of “canned ripe olives of the tions that would alter the Florida transi­ Approval of Expenses and Fixing of tree-ripened type” and a termination tion area. Rate of Assessment for 1971—72 date of August 31, 1971. The proposed Interested persons may participate in Fiscal Period amendment would extend the provisions the proposed rule making by submitting of the section through August 31, 1972. such written data, views, or arguments Consideration is being given to the Inclusion of the provisions in the rules as they may desire. Communications following proposals submitted by the and regulations arises from thefàct that should identify the airspace docket num­ Washington-Oregon Fresh Prune Mar­ lots of natural condition olives for use in ber and be submitted in triplicate to the keting Committee, established under the canned ripe olives of the tree-ripened Director, Southern Region, Attention: marketing agreement and Order No. 924 type and packaged olives of such type Chief, Air Traffic Division, Federal Avia­ (7 CFR Part 924) regulating the han­ are exempt from incoming and outgoing tion Administration,. Post Office Box

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 PROPOSED RULE MAKING 12865

20636. Atlanta, GA 30320. All communi­ and parallel to the shoreline to long. It is proposed to add language to cations received within 30 days after 86°48'00" W., thence south along long. § 91.117(c) to state that the “inopera­ publication of this notice in the F ederal 86°48'00" W. to lat. 29°25'20" N. thence tive component tables” prescribed in sub- register will be considered before action west to lat. 29°36'00" N., long. 88°01'30" paragraphs (c)(1 )-(4) do not apply to is taken on the proposed amendment. W., thence north along long. 88°01'30" helicopter procedures. Instead, helicop­ The proposal contained in this notice W. to point of beginning; excluding the ter procedure minima would be specified may be changed in the light of com­ portion that coincides with the 1,200-foot on e a c h procedure for inoperative ments received. transition area. Components. An official docket will be available for This proposed action will provide con­ With regard to Part 97, it is proposed examination by interested persons at the trolled airspace south of Pensacola to add definitions of “HAL” and “point Federal Aviation Administration, Office wherein the Pensacola Radar Air Traf­ in space approach” to the definitions and of the General Counsel, Attention: fic Control Center and the Jacksonville terminology of § 97.3-. As proposed, Rides Docket, 800 Independence Avenue Air Traffic Control Center will provide “ HAL” means the height above a desig­ SW., Washington, DC 20590. An infor­ air traffic control services to Navy train­ nated helicopter landing area used for mal docket also will be available for ing activities generated from the many helicopter instrument approach proce­ examination at the office of the Regional training bases within the Pensacola dures; and “point in space approach” Air Traffic Division Chief. complex. means a helicopter instrument approach As parts of this proposal relate to the This amendment is proposed under procedure to a missed approach point navigable airspace outside the United the authority of section 307(a) and 1110 that is more than 2,600 feet from an States, this notice is submitted in con­ of the Federal Aviation Act of 1958 (49 associated helicopter landing area. sonance with the ICAO International U.S.C. 1348(a) and 1510) Executive In addition, it is proposed to add to Standards and Recommended Practices. Order 10854 (24 F.R. 9565) and section paragraph (b) of § 97.3 a provision indi­ Applicability of International Stand­ 6(c) of the Department of Transporta­ cating that helicopter procedures, identi­ ards and Recommended Practices by the tion Act (49 U.S.C. 1655(c)). fied as “copter procedures” are prescribed Air Traffic Service, FAA, in areas outside Issued in Washington, D.C., on June 30, in new § 97.34. Helicopters would also be domestic airspace of the United States permitted to use other procedures pre­ is governed by Article 12 of and Annex 11 1971. T. M cC orm ack, scribed in Subpart C of Part 97 and the to the Convention on International Civil Category A aircraft minimum descent Aviation, which pertains to the estab­ Chief, Airspace and Air Traffic Rules Division. altitude (MDA). The required visibility lishment of air navigation facilities and minimum for helicopters could be re­ services necessary to promoting the safe, [FR Doc.71-9586 Filed 7-7-71;8:46 am] duced to one-half the published visibility orderly and expeditious flow of civil air minimum for Category A aircraft, but in traffic. Their purpose is to insure that no case could it be reduced to less than civil flying on international air routes [ 14 CFR Parts 91, 97 1 one-quarter mile or RVR 1,200 feet. is carried out under uniform conditions [Docket No. 11200; Notice No. 71-18] Finally, a new § 97.34 would be added designed to improve the safety and effi- HELICOPTER PROCEDURES to make it possible for the establishment, cency of air operations. in the future, of helicopter procedures. The International Standards and Rec­ Notice of Proposed Rule Making Pursuant to § 97.20, instrument approach ommended Practices in Annex 11 apply procedures for helicopters that are de­ in those, parts of the airspace under the The Federal Aviation Administration veloped from time to time would not be is considering amending Parts 91 and 97 jurisdiction of a contracting state, de­ published in the F ederal R egister but rived from ICAO, wherein air traffic of the Federal Aviation Regulations to would be available for examination as services are provided and also whenever revise IFR rules to accommodate heli­ provided in that section. a contracting state accepts the respon­ copter minimums, add appropriate defi­ In consideration of the foregoing, it is sibility of providing air traffic services nitions and terminology concerning heli­ proposed to amend Parts 91 and 97 of the over high seas or in airspace of undeter­ copter procedures, and add a new sub­ Federal Aviation Regulations as follows : mined sovereignty. A contracting state part to Part 97 to reference helicopter 1. By amending paragraph (c) of accepting such responsibility may apply procedures that are published from time § 91.117 to add language to the beginning the International Standards and Recom­ to time. of the sixth sentence and by adding a mended Practices to civil aircraft in a Interested persons are invited to par­ new subparagraph immediately follow­ manner consistent with that adopted for ticipate in the making of the proposed ing subparagraph (c) (4) : airspace under its domestic jurisdiction. rule by submitting such written data, In accordance with Article 3 of the views, or arguments as they may desire. § 91.117 Limitations on use of instru­ Convention on International Civil Avia­ Communications should identify the reg­ ment approach procedures (other tion, Chicago, 1944, state aircraft are ulatory docket or notice number and be than Category II). exempt from the provisions of Annex 11 submitted in duplicate to: Federal Avia­ * * * • * and its Standards and Recommended tion Administration, Office of the Gen­ (c) Inoperative or unusable compo­ Practices. As a contracting state, the eral Counsel, Attention: Rules Docket, nents and visual aids. * * * Except as United States agreed by Article 3(d) GC-24, 800 Independence Avenue SW., provided in subparagraph (c) (5) of this that its state aircraft will be operated Washington, DC 20590. All communica­ paragraph or unless otherwise specified in international airspace with due regard tions received on or before October 6, by the Administrator, * * * for the safety of civil aircraft. 1971, will be considered by the Adminis­ * * * * * Since this action involves, in part, the trator before taking action on the pro­ designation of navigable airspace outside (5) The inoperative component tables the United States, the Administrator has posed rule. The proposals contained in in subparagraphs (1) through (4) of this consulted with the Secretary of State this notice may be changed in the light paragraph do not apply to helicopter pro­ and the Secretary of Defense in accord­ of comments received. All comments sub­ cedures. Helicopter procedure minimums ance with the provisions of Executive mitted will be available, both before and are specified on each procedure for inop­ Order 10854. after the closing date for comments in erative components. The FAA.proposes the following air­ the Rules Docket for examination by in­ 2. By amending § 97.3 to add the fol­ space action: terested persons. lowing definitions : On August 28, 1970, the FAA issued a 1. Alter the Florida transition area to § 97.3 Symbols and terms used in proce­ include the airspace south of Pensacola, new Chapter 11 to the U.S. Standard for dures. Terminal Instrument Approach Proce­ Fla., extending upward from 2,000 feet * * * * * MSL, bounded by a line beginning at the dures (TERPS) to prescribe applicable intersection of long. 88°01'30" W. and a helicopter procedures. In order to prop­ (d-1) “Copter procedures” means heli­ line 3 NM from and parallel to the shore­ erly accommodate these new procedures, copter procedures, with applicable mini­ line, thence east along a line 3 NM from the following proposals are made. mums as prescribed in § 97.34 of this

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 No. 131----- 6 12866 PROPOSED RULE MAKING

Part. Helicopters may also use other pro­ crash or, if occupant action is necessary, cedures prescribed in Subpart C of this release manually at a single point. In the ENVIRONMENTAL PROTECTION Part and may use the Category A mini­ case of passive safety belts, it would be mum descent altitude (MDA). The re­ required that the release not cause belt quired visibility minimum may be re­ separation, and that the system be self- AGENCY duced to one-half the published visibility restoring after operation of the release. [ 42 CFR Part 415 ] minimum for Category A aircraft, but in An example of such a system would be a no case may it be reduced to less than lever on the belt retractor that releases PRIOR NOTICE OF CITIZEN SUITS one-quarter mile or 1,200 feet RVR. the locking mechanism, allowing the belt Proposed Procedures for Giving Notice * * * * * to pay out freely. The self-restoration of Civil Actions (h-1) “HAL” means height above a requirement could be fulfilled, for ex­ designated helicopter landing area used ample, by a lever that frees the belt only Section 304 of the Clean Air Act as for helicopter instrument approach while continuous pressure is exerted, or amended by Public Law 91-604 (Decem­ procedures. by a time-delay mechanism. In the case ber 31, 1970) authorizes any person to * * * * * of an air bag system, deflation could con­ commence a civil action against (1) any stitute the “ automatic” release. person alleged to be in violation of an (o -l) “Point in space approach” means A new section S4.5.4, Passive restraint emission standard or limitation under the a helicopter instrument approach proce­ release, is therefore proposed to be added Act or in violation of an order with re­ dure to a missed approach-point that is to Motor Vehicle Safety Standard No. spect to such limitation issued by the more than 2,600 feet from an associated 208 (§571.21), to read as follows: Administrator of the Environmental Pro­ helicopter landing area. S4.5.4 Passive restraint release. A tection Agency or a State or, (2) the * * * * * passive protection system shall have a Administrator, where there is alleged a 3. By adding a new section immedi­means of releasing all restraint forces, failure of the Administrator to perform ately following § 97.33 as follows: that either operates automatically only any nondiscretionary act or duty under §97.34 Helicopter procedures. in the event Of a crash or releases manu­ the Act. Except in certain cases, no action ally at a single point accessible to the may be commenced against the Adminis­ Note: The procedures set forth in § 97.34 seated occupant. In the case of belt-type trator pursuant to section 304 prior to are not carried in the Code of Federal Regu­ systems, the release shall not result in 60 days after the plaintiff gives notice of lations. For F ederal R egister citations affect­ ing these procedures see List of CFR Sections separation of any load-bearing element, such action to the Administrator. In the Affected. and the system shall be self-restoring case of actions against persons other after operation of release; than the Administrator, section 304 re­ These amendments are proposed un­ Proposed effective date: January 1, quires that notice of the alleged violation der the authority of sections 307, 313(a), 1972. be given the Administrator, the State in and 601 of the Federal Aviation Act of Interested persons are invited to sub­ which the violation is alleged to have 1958 (49 U.S.C. 1348, 1354(a), and 1421), mit comments on the revised proposal occurred, and the alleged violator, at and section 6(c) of the Department of as set forth below. Comments should least 60 days prior to commencement of Transportation Act (49 U.S.C. 1655(c)). refer to the docket number and be sub­ the action. Section 304 directs the Ad­ Issued in Washington, D.C., on June 30, mitted to: Docket Section, National ministrator to prescribe by regulation 1971. , Highway Traffic Safety Administration, the manner in which such notices shall R. S. Sliff, Room 5221, 400 Seventh Street SW., be given. Acting Director, Washington, DC 20591. It is requested Part 415, as proposed below, prescribes Flight Standards Service. but not required that 10 copies be the manner in which such notice shall submitted. be given to the Administrator, to States, [FR Doc.71-9587 Filed 7-7-71;8:46 am] All comments received before the close and to alleged violators. of business on August 9, 1971, will be Interested persons may submit written considered, and will be available for comments on the proposed regulations, in National Highway Traffic Safety examination in the docket at the above triplicate, to the Administrator, Environ­ Administration. address both before and after the closing mental Protection Agency, 1626 K Street 149 CFR Part 571 ] date. To the extent possible, comments NW„ Washington, DC 20460. All relevant filed after the above date will also be con­ comments received not later than 30 days [Docket No. 69-7; Notice 11] sidered by the Administration. However, after publication of this notice will be OCCUPANT CRASH PROTECTION the rule making action may proceed at considered. The regulations, modified as any time after that date, and comments the Administrator deems appropriate Proposed Motor Vehicle Safety received after the closing date and too after consideration of the comments, will Standard late for consideration in regard to the be effective upon the date of their repub­ action will be treated as suggestions for lication in the F ederal R egister. Pend­ The purpose of this notice is to propose future rule making. The Administration ing final promulgation of the regulations, an amendment to Motor Vehicle Safety will continue to file relative material, as the giving of notice of citizen suits in Standard No. 208, Occupant Crash Pro­ it becomes available, in the docket after compliance with the requirements set tection, in § 571.21 of Title 49, Code of the closing date, and it is recommended forth in this proposal shall be deemed to Federal Regulations, to establish re­ that interested persons continue to exam­ satisfy the notice requirements of section quirements for the release of passive ine the docket for new material. 304 of the Act. restraints. This notice of proposed rule making This notice of proposed rule making Review of the subject of passive seat is issued under the authority of sections is issued under the authority of section belt assemblies and other passive sys­ 103 and 119 of the National Traffic and 304 of the Clean Air Act, as amended tems that restrain occupants indicates Motor Vehicle Safety Act (15 U.S.C. 1392, (sec. 12, Public Law 91-604; 84 Stat. that some method of restraint release 1407), and the delegation of authority 1706). must be provided to allow occupants to at 49 CFR 1.51 and 49 CFR 501.8. Dated: June 30,1971. be freed of the restraint forces after a Issued: July 2,1971. crash. It is desirable that release should W il l ia m D. R u c k e lsh a u s, be prompt and involve a minimum of R obert L . C arter, Administrator. Acting Associate Administrator, effort. Accordingly, the NHTSA proposes A new Part 415 would be added to to require a release that must either Motor Vehicle Programs. Chapter IV, Title 42, Code of Federal operate automatically in the event of a [FR Doc.71-9619 Filed 7-2-71;2:42 pm] Regulations as follows:

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 PROPOSED RULE MAKING 12867

PART 415— PRIOR NOTICE OF CITIZEN (d) Notice served in accordance withFederal Regulations, published in the the provisions of this part shajl be F ederal R egister on Thursday, June 17, SUITS deemed given on the postmark date, if 1971 at 36 FJt. 11672 is rescinded. Sec. 415.1 Purpose. served by mail, or on the date of receipt, In addition, notice is hereby given that 415.2 Service of notices. if personally served. the Administrator of the National Credit 415.3 Contents of notice. Union Administration, pursuant to the § 415.3 Contents o f notice. authority conferred by section 120, 73 § 415.1 Purpose. (a) Failure to act: Notice regarding a Stat. 635, 12 U.S.C. 1766, proposes a new Section 304 of the Clean Air Act, as failure of the Administrator to perform revision to paragraphs (a) and (e) of amended, authorizes the commencement an act or duty which is not discretionary § 703.1 (12 CFR 703.1(a) and 703.1(e)) of civil actions to enforce the Act or to shall identify the provisions of the Act as set forth below. enforce certain requirements promul­ which requires such act or creates such Interested persons are invited to sub­ gated pursuant to the Act. The purpose duty, shall describe with reasonable mit written comments, suggestions, or of this part is to prescribe procedures specificity the action taken or not taken objections regarding the new proposed governing the giving of notices required by the Administrator which is claimed revision to the Administrator, National by subsection 304(b) of the Act (sec. 12, to constitute a failure to perform such Credit Union Administration, 1325 K Public Law 91-604; 84 Stat. 1706) as a act or duty, and shall state the full name Street NW., Washington, DC 20456, to be prerequisite to the commencement of and address of the person giving the received not later than August 8,1971. such actions. notice. (b) Violation of standard, limitation, H erm an N ic k e r so n , Jr., § 415.2 Service o f notice. or order: Notices to the Administrator, Administrator. (a) Notice to Administrator. Service of States, and alleged violators regarding Ju l y 1, 1971. notice given to the Administrator under violation of an emission standard or limi­ § 703.1 Certificates of deposit. this part shall be accomplished by certi­ tation or an order issued with respect to fied mail addressed to the Administrator, (a) Basic requirements. A deposit evi­ an emission standard or limitation, shall denced by a time certificate of deposit Environmental1 Protection Agency, 1626 include sufficient information to permit K Street NW., Washington, DC 20460. is within the deposit power of a Federal the recipient to identify the specific credit union under section 107(9) of the Where notice relates to violation of an standard, limitation, or order which has emission standard or limitation or to allegedly been violated, the person or Federal Credit Union Act: Provided: (1) violation of an order issued with respect persons responsible for the alleged viola­ That such credit union itself makes the to an emission standard or limitation, a tion, the location of the alleged viola­ deposit for which the certificate is issued; copy of such notice shall be mailed to the tion, the date or dates of such violation, (2) that no consideration is received Regional Administrator of the Environ­ and the full name and address of the from a third party in connection with the making of the deposit; and (3) that mental Protection Agency for the Region person giving the notice. in which such violation is alleged to have (c) If known to the person filing a no­ the certificate contains a provision occurred. tice under this section, the notice shall which will authorize the bank to pay a (b) Notice to State. Service of notice also include the nature of the legal action time deposit or a portion thereof before given to a State under this part regarding contemplated, the U.S. District Court in maturity in those instances where the violation of an emission standard or limi­ which such action will be brought, and depositor-credit union indicates a need tation, or an order issued with respect to the full names and addresses of all per­ of the money represented by such time an emission standard or limitation shall sons who will be parties to the contem­ deposit. The model wording of this provi­ be accomplished by certified mail ad­ plated action. sion is indicated in paragraph (b) of this section. dressed to an authorized representative [FR Doc.71-9591 Filed 7-7-71;8:47 am] of the State agency charged with respon­ ♦ * * * * sibility for air pollution control in the (e) Deposits in State financial institu­ State. A copy of such notice shall be tions: Certificates of deposit in State- mailed to the Governor of the State. NATIONAL CREDIT UNION chartered financial institutions may be (c) Notice to alleged violator. Service obtained by a Federal credit union only of notice given to an alleged violator un­ ADMINISTRATION from those State-chartered financial in­ der this part shall be accomplished by stitutions located in the State in which certified mail addressed to, or by per­ [ 12 CFR Part 703 1 the principal office of the Federal credit sonal service upon, the owner or operator CERTIFICATES OF DEPOSIT union is geographically located. This of the building, plant, installation, or fa­ paragraph does not apply to the invest­ Basic Requirements cility alleged to be in violation of an ment power authorized in section 107(8) emission standard or limitation, or an Notice is hereby given that the docu­ (D) of the Federal Credit Union Act. order issued with respect to an emission ment proposing to revise § 703.1(a) of standard or limitation. Chapter VII of Title 12 of the Code of [FR Doc.71-9579 Filed 7-7-71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12868

N otices

ment, Department of the Interior, Room 4,423 acres, is located in Somerset DEPARTMENT OF THE TREASURY 334 Federal Building, 550 West Fort County, State of Maryland. Fiscal Service Street, Boise, ID 83702. A brochure containing a map and in-, The authorized officer of the Bureau formation about the Martin wilderness [Dept. Circ. 570, 1970 Rev., Supp. No. 16] of Land Management will undertake study may be obtained from the Refuge TRANSIT CASUALTY COMPANY such investigations as are necessary to Manager, Blackwater National Wildlife determine the existing and potential de­ Refuge, Route 1, Cambridge, MD 21613, Termination of Authority To Qualify mand for the lands and their resources. or the Regional Director, Bureau of Sport as Surety on Federal Bonds He will also undertake negotiations with Fisheries and Wildlife, Peachtree-Sev­ the applicant agency with the view of enth Building, Atlanta, Ga. 30323. Notice is hereby given that the Cer­ adjusting the application to reduce the Individuals or organizations may ex­ tificate of Authority issued by the Sec­ area to the minimum essential to meet retary of the Treasury to Transit Casu­ press their oral or written views by the applicant’s needs, to provide for the appearing at this hearing, or they may alty Company, St. Louis, Missouri, under maximum concurrent utilization of the sections 6 to 13 of Title 6 of the United submit written comments for inclusion lands for purposes other than the appli­ in the official record of the hearing to the States Code, to qualify as an acceptable cant’s, to eliminate lands needed for pur­ surety on recognizances, stipulations, Regional Director at the above address poses more essential than the applicant’s, by October 12, 1971. bonds and undertakings permitted or and to reach agreement oh the concur­ required by the laws of the United States, rent management of the lands and their J. P . L in d u sk a , is hereby terminated, effective June 30, resources. Director, Bureau of 1971. He will also prepare a report for con­ Sport Fisheries and Wildlife. Bond approving officers of the Govern­ sideration by the Secretary of the In­ Ju n e 30, 1971. ment should, in instances where such ac­ terior who will determine whether or not tion is necessary, secure new bonds with the lands will be withdrawn as requested [FR Doc.71-9575 Filed 7-7-71;8:45 am] acceptable sureties in lieu of bonds ex­ by the Bureau of Reclamation. The de­ ecuted by the Transit Casualty Company. termination of the Secretary on the ap­ National Park Service Dated: June 30,1971. plication will be published in the F ederal R egister. A separate notice will be sent NATIONAL REGISTER OF HISTORIC [ seal] Jo h n K . C arlock, to each interested party of record. Fiscal Assistant Secretary. PLACES If circumstances warrant it, a public [FR Doc.71-9590 Filed 7-7-71:8:47 am] hearing will be held at a convenient time Additions, Deletions, or Corrections and place which will be announced. By notice in the F ederal R egister of The lands involved in the application February 20,1971, Part H (36 F.R. 3310), are: there was published a list of the prop­ DEPARTMENT OF THE INTERIOR B oise M eridian, Idaho erties included in the National Register Bureau of Land Management T. 7 N„ R. 5 W ., ' of Historic Places. This list has been Sec. 34, N W ^ N W ^ N W ^ N W 1^ and NW % F ederal [Serial No. Idaho-4373] SW *4 n w y4 NW Ya n w %. amended by a notice in the R egister of March 2 (pp. 3930-31), IDAHO The area described aggregates about April 6 (pp. 6526-28), May 4 (pp. 8333- Notice of Proposed Withdrawal and 3.125 acres in Payette County. 36), and June 3 (pp. 10811-13). Further notice is hereby given that certain Reservation of Lands E. D . B arnes, Acting Chief, amendments or revisions, in the nature Ju n e 29, 1971. Division of Technical Services. of additions, deletions, or corrections to the previously published list are adopted The Department of the Interior, Bu­ [FR Doc.71-9613 Filed 7-7-71;8:49 am] reau of Reclamation, has filed an appli­ as set out below. cation, Serial No. 1-4373, for the with­ It is the responsibility of all Federal drawal of the lands described below from Fish and Wildlife Service agencies to take cognizance of the prop­ all forms of appropriation under the erties included in the National Register public land laws, including the mining MARTIN NATIONAL WILDLIFE as herein amended and revised in ac­ laws but not the mineral leasing laws, REFUGE cordance with section 106 of the Na­ subject to valid existing rights. tional Historic Preservation Act of 1966, Notice of Public Hearing Regarding The applicant desires the land for pub­ 80 Stat. 915, 16 U.S.C. 470. lic purposes for a ditchrider residence, Wilderness Study The following property has been re­ Payette Division,. Boise Project. The Notice is hereby given in accordance moved from the National Register be­ ditchrider residence is being utilized in with provisions of the Wilderness Act of cause it has lost its National Historic connection with the operation and main­ September 3, 1964 (Public Law 88-577; Landmark designation: tenance of the Boise Irrigation Project. 78 Stat. 890-896; 16 U.S.C. 1131-1136), New M exico Use of the land will not be cause for its that a public hearing will be held be­ San Juan County contamination. Pish and wildlife re­ ginning at 9 a.m. on September 10, 1971, sources and scenic wilderness and rec­ at the Somerset County Courthouse, La Plata vicinity, Holmes Site. reation values will not be changed by Princess Anne, Md., to consider the re­ Properties added to the National the withdrawal. sults of a study leading to a recommen­ Register since June 3: For a period of 30 days from the date dation to be made to the President of the of publication of this notice, all persons United States by the Secretary of the In­ ALABAMA who wish to submit comments, sugges­ terior, regarding the desirability of in­ Barbour County tions or objections in connection with cluding a portion of the Martin National Eufaula, Bray-Barron Home, North Eufaula the proposed withdrawal may present Wildlife Refuge within the National Avenue. their views in writing to the undersigned Wilderness Preservation System. The Eufaula, Cato House, 823 West Barbour officer of the Bureau of Land Manage- refuge, which comprises approximately Street.

FEDERAL REGISTER, VOL. 36. NO. 131— THURSDAY, JULY 8, 1971 NOTICES 12869

E u f a u l a , Sheppard Cottage, East Barbour DISTRICT OF COLUMBIA ILLINOIS Street. Washington, Bank of Columbia, 3210 M Cook County Greene County Street, NW. Chicago, Grand Central Passenger Station, F o r k l a n d vicinity, Rosemount, 1 mile north­ Washington, Corcoran Galley of Art, 17th South Wells at Harrison Street. west of Forkland. Street at New York Avenue NW. Washington, Eastern Market, Seventh and C KANSAS Mobile County Streets SE. Douglas County Mobile, Horst, Martin, House, 407 Conti Washington, Georgetown Market, 3276 M Street; Street NW. Lawrence, Ludington House, 1613 Tennessee Mobile, Oakleigh, 350 Oakleigh Street. Washington, Grace Protestant Episcopal Street. Church, 1041 Wisconsin Avenue NW. Lecompton, Constitution Hall, Elmore Street ARKANSAS Washington, Healy Building, Georgetown between Woodson and Third Streets. University, Georgetown University Campus. Hempstead County Ellis County Washington, The National Archives, Consti­ Washington, Royston, Grandison D., House, tution Avenue between Seventh and Ninth Victoria, St. Fidelis Catholic Church, south­ Alexander Street, 200 feet southwest of Streets NW. east corner of St. Anthony and Delaware Columbus Street (Arkansas 4) and ap­ Washington, Riggs National Bank (Washing­ Streets. proximately 450 feet southeast of Old Mili­ ton Loan and Trust Co. Branch), south­ Linn County tary Road (Arkansas 195). west corner of Ninth and F Streets NW. Washington, Vigilant Firehouse, 1066 Wis­ Trading Post vicinity, Marais des Cygnes ARIZONA Massacre Site, 5 miles northeast of Trading consin Avenue NW. Cochise County Post. FLORIDA Lyon County Bisbee, Phelps Dodge General Office Build­ ing, Copper Queen Plaza, intersection of Leon County Emporia, White, William Allen, House, 927 Main Street and Brewery Gulch. " Exchange Street. Tallahassee, Cascades Park, bounded roughly Maricopa County by Apalachee Parkway and East Bloxham Morris County Phoenix, Rosson, Dr. Ronald, House, 139 Street on the north, Suwanee Street on the Council Grove, Farmers and Drovers Bank, North Sixth Street. east, the State property line on the south 201 West Main Street. arid South Monroe and Meridian Streets Pima County Council Grove, Last Chance Store, 500 West on the west. Main Street. Tucson, Carillo House (Fremont House), Tallahassee vicinity, Escambe (San Cosmo y 145-153 South Main Street. San Damias de Escambe), 3 miles north­ Republic County Tucson, The Old Adobe Patio (Charles O. west of Tallahassee, adjacent to and north Republic vicinity, Pawnee Indian Village Brown House) , 40 West Broadway. of Interstate 10, 0.5 mile west of Old Bain- Site, on Kansas 266, 8 miles north of U.S. bridge Road. Santa Cruz County 36, on the Republican River. Tallahassee vicinity, Lake Jackson Mounds, Nogales vicinity, Calabasas, north of Nogales 4.5 miles north of Tallahassee via U.S. 27, Sedgwick County on the east bank of the Santa Cruz River. on the south shore of Lake Jackson. Wichita, Old Sedgwick County Courthouse, Yuma County GEORGIA 504 North Main Street. Wichita, Wichita City Hall, 204 South Main Parker vicinity, Old Presbyterian Church Bibb County Street. (Mojave Indian Presbyterian Mission Macon, Anderson, Captain R. J., House, 1730 Sumner County Church) , southwest of Parker on Second West End Avenue. Avenue. Macon, Burke, Thomas C., House, 1065 Geor­ Caldwell vicinity, Buresh Archeological Site, CALIFORNIA gia Avenue. northwest of Caldwell on F.A.S. 299. Alameda County Macon, Cannonball House (Judge Asa Holt MICHIGAN House), 856 Mulberry Street. Fremont, California Nursery Co. Guest House Macon, Cowles, Jerry, Cottage, 4569 Rivoli Calhoun County (Jose de Jesus Vallejo Adobe) , California Drive. Albion, Gardner House, 509 South Superior Nursery Co., Niles Boulevard at Nursery Macon, Cowles House (Stratford Academy), Avenue. Street. 988 Bond Street. Riverside County Hillsdale County Macon, Emerson-Holmes Building, 566 Mul­ Riverside, Mission Inn, 3649 Seventh Street. berry Street. Jonesville, Grace Episcopal Church, 360 East Macon, Goodall House, 618 Orange Street. Chicago Street. Sonoma County Macon, Holt House, 1129 Georgia Avenue. Ionia County Stewarts Point vicinity, Salt Point State Macon, Johnston-Hay House, 934 Georgia Park Archeological District, 15 miles south Avenue. Ionia, Hall-Fowler Memorial Library (Fred­ of Stewarts Point on California 1. Macon, Municipal Auditorium, 415-435 First erick Hall House), 126 East Main Street. COLORADO Street. Livingston County Macon, Napier, Leroy, Home, 2215 Napier Clear Creek County Avenue. Howell, Ann Arbor Railway Station, 126 W et- more Street. Georgetown vicinity, Ore Processing Mill and Macon, Raines-Carmichael House, 1183 Dam, approximately 1 mile southwest of Georgia Avenue. Mackinac County Georgetown, adjacent to Interstate 70 and Macon, Small House (Napier-Small House), Clear Creek. Mackinac Island, Geary, Mathew, House, 156 Rogers Avenue. Market Street. DELAWARE Macon, Solomon-Curd House, 770 Mulberry St. Ignace, Lasenen Site, 690 South State Kent County Street. Street. Shiawassee County Dover, Loockerman Hall, Delaware State Col­ Chattahoochee County lege campus. Fort Benning, Riverside (Quarters No. 1), Durand, Grand Trunk Railway Station, 200 Milford, Parson Thorne Mansion, 501 North­ 100 Vibbert Avenue. Railroad Street. west Front Street. Wayne County New Castle County Fulton County Detroit, Fort Wayne, 6053 West Jefferson Claymont, Blockhouse and Robinson House, Roswell, Bulloch Hall, Mimosa Boulevard. Avenue. Naaman’s Corner. Richmond County Detroit, West Canfield Historic District, Can- Odessa, Odessa Historic District, bounded by field Avenue between Second and Third Appoquinimink Creek on the southeast; by Augusta, The Augusta Canal, beginning at Streets. the rear property lines of properties front­ the Augusta City Lock and Dam and run­ MISSOURI ing on High Street on the northeast; on ning southeast 9 miles to a point ap­ Callaway County the northwest by Fourth Street; and on proximately 1 block northwest of the the southwest by the rear lines of prop­ Intersection of Walton Way and Georgia Tebbetts vicinity, Cote Sans Dessein Arche­ erties fronting on Main Street. Avenue. ological Site, 3 miles southwest of Tebbetts.

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12870 NOTICES

Cape Girardeau County West Chester, Strode’s Mill (Biter’s Mill), Smith County intersection of Pennsylvania 100-52 and Burfordville, Burfordville Mill, Missouri 34. Teaselville vicinity, Dewberry, Colonel John, County Route 15087. House, 1 mile North of Teaselville on FM Carroll County Delaware County 346. Miami Station vicinity, Wright II Arche­ UTAH. Chadds Ford, Gilpin Homestead, Harvey ological Site, 1 mile south of Miami Station. Road. Box Elder County St. Louis County Chester, 1724 Chester Courthouse, Market Corinne, Corinne Methodist Episcopal Street below Fifth Street. Clayton, Hanley, Martin Franklin, House, Church, corner of Colorado and South Media vicinity, Old Rose Tree Tavern, junc­ 7600 Westmoreland Avenue. Sixth Street. tion of Rose Tree and Providence Roads Shelby County north of Media. Iron County Bethel vicinity, Elim. (Dr. William Keil Philadelphia County Cedar City vicinity, Old Irontown, about 22 House), 1.5 miles east of Bethel. miles west of Cedar City, 3 miles south of Philadelphia, Arch Street Meetinghouse, 302- Utah 56. Washington County 338 Arch Street. Salt Lake County Philadelphia, Arch Street Presbyterian Fertile vicinity, Washington State Park, Salt Lake City, Keith-Broum Mansion and Petroglyph Archeological Site, 1 mile Church, 1726-1732 Arch Street. Carriage House, 529 East South Temple northeast of Fertile. Philadelphia, Drinker’s Court, 236-238 De- lancey Street. Street. NEW HAMPSHIRE Philadelphia, First Unitarian Church, 2121 Utah County Rockingham County Chestnut Street. Fairfield, Stagecoach Inn. Philadelphia, Hill-Physick House, 321 South Exeter, Dudley House (Perry-Dudley House), Fourth Street. Washington County 14 Front Street. Philadelphia, Masonic Temple, 1 North Broad St. George, St. George Tabernacle, intersec­ N E W JERSEY Street. tion of Tabernacle and Main Streets. Philadelphia, Pennsylvania Academy of the Middlesex County Fine Arts, southwest corner of Broad and Weber County Cranbury, Old Cranbury School, 23 North Cherry Streets. Ogden, Bertha Eccles Community Art Cen­ Main Street. Philadelphia, Philadelphia College of Art ter, 2580 Jefferson Avenue. Pisoataway, Ivy Hall (Cornelius Lowe (Asylum for the Deaf and Dumb), north­ H ouse), 1225 River Road. west corner of Broad and Pine Streets. VIRGINIA Philadelphia, Philadelphia Contributionship, Chesterfield County N E W Y O R K 212 South Fourth Street. Bellona Arsenal, Erie County Philadelphia, St. George’s Methodist Church, Midlothian vicinity, 0.1 mile 324 New Street. northwest of Route 673, 2 miles northwest Buffalo, Albright-Ki^ox Art Gallery, 1285 of the intersection with Route 147. Elmwood Avenue. RHODE ISLAND Wythe County Monroe County Providence County Max Meadows vicinity, Fort Chiswell Man­ Rochester, First Universalist Church, south­ Providence, Congdon Street Baptist Church, sion, U.S. 11, 0.6 mile east of the intersec­ east corner of South Clinton Avenue and 17 Congdon Street. tion with U.S. 52 and Virginia 121. Court Street. Providence, Pawtucket, Central Falls, Lin­ coln vicinity, Blackstone Canal, extends WASHINGTON NORTH CAROLINA from Front Street Bridge, Lincoln, to Jefferson County Wayne County Steeple and Promenade Streets, Providence. Port Townsend, City Hall, Water and Madison Fremont, Aycock, Charles B., Birthplace, 0.6 Streets. mile from the junction of Route 1542 and SOUTH CAROLINA V.S. 117. King County Beaufort County OHIO Seattle, Butterworth Building, 1921 First Beaufort, Tabby Manse (Thomas Fuller Avenue. Franklin County House), 1211 Bay Street. Kitsap County Columbus, Campbell Mound, McKinley Ave­ Charleston, Edisto Island vicinity, The nue, 0.5 mile south of Trabue Road. Presbyterian Manse, northwest of Edisto Bremerton, U.S.S. Missouri, Puget Sound Island via South Carolina 174 and un­ Naval Shipyard. Washington County numbered road. WISCONSIN Marietta, W . P. Snyder, Jr. (steamboat), on Edisto Island vicinity, Trinity Episcopal the Muskingum River at Sacra Via. •Church, about 1.2 miles north of Edisto Dane County Island on South Carolina 174. Madison, Camp Randall, Camp Randall OKLAHOMA Colleton County Memorial Park. Choctaw County Walterboro, Colleton County Courthouse, WYOMING Swink vicinity, Chief’s House, 1.5 miles corner of Hampton and Jeffries Streets. northeast of Swink. Walterboro, Old Colleton County Jail, Jeffries Uinta County Boulevard. Hilliard vicinity, Piedmont Charcoal Kilns, " Logan County Edgefield County 14 miles northeast of Hilliard, NW%SW';4 Guthrie, Carnegie Library, Oklahoma Avenue Edgefield vicinity, Blocker House, about 6 sec. 4, T. 14 N., R. 117 W . and Ash Street. miles northwest of Edgefield on U.S. 25. R obert M. Utley, PENNSYLVANIA Jasper County Acting Chief, Office of Archeology and Historic Preservation. Chester County Gillisonville, Gillisonville Baptist Church, U.S. 278. [FR Doc.71-9698 Filed 7-7-71; 8:51 am) Chadds Ford vicinity, Brinton’s Mill, 1.5 miles TENNESSEE north of Chadds Ford on U.S. 100. Chadds Ford vicinity, Harvey, William, House, Maury County northwest of Chadds Ford on Brinton’s Columbia vicinity, Beechlawn, south of Bridge Road just north of U.S. 1. Columbia on U.S. 31. DEPARTMENT OF AGRICULTURE Chester Springs vicinity, Good News Build­ TEXAS ings (Yellow Springs Spa), north of Chester Foreign Agricultural Service Springs on Art School Road. De Witt County IMPORT QUOTAS Hamorton vicinity, Bams-Brinton House, east Cuero, De Witt County Courthouse, bounded of Hamorton on U.S. 1. by North Gonzales, East Live Oak, North Submission of Information To Estab­ Marshallton, Marshall, Humphry, House, Clinton, and East Courthouse Streets. lish Non-historical Eligibility for Strasburg Road (Pennsylvania 162) at the Licenses intersection of Northbrook Road. Harris County Mendenhall, Peters, William, House, Hillen- Houston, 1884 Houston Cotton Exchange In accordance with Part 3 of the Ap­ dale Road. Building, 202 Travis Street. pendix to the Tariff Schedules of the

FEDERAL REGISTER, V O L 36, NO. 131— THURSDAY, JULY 8, 1971 NOTICES 12871

United States (19 U.S.C. 1202), herein­ (b)(5), 72 Stat.1786; 21 U.S.C. 348(b) counties of Madison, St. Clair, and Mon­ after referred to as TSUS, as amended (5 )), notice is given that a petition roe by the General Aviation District Of­ by Proclamation 4026 of December 31, (FAP 1B2696) has been filed by Arakawa fice in Springfield, 111., will be provided 1970, the following described cheese sub­ Forests Chemical Industries, Ltd., No. by the Flight Standards District Office ject to the import quota provided for in 21, 1-chome, Hiranomachi, Higashi-Ku, at 9275 Genaire Drive, Berkeley, MO TSUS item 950.10E may be entered on Osaka, Japan, proposing the issuance 63134. Section 2e of the notice on the and after July 1, 1971, only pursuant to of a food additive regulation- (21 CFR establishment and realignment of re­ licenses issued under the authority of the Part 121) to provide for the safe use of gional offices, printed in 36 F.R. 5929, Secretary of Agriculture. a hydrogenated petroleum hydrocarbon dated March 31, 1971, is amended Cheese, and substitutes for cheese contain­ resin as a component of food packaging. accordingly. ing 0.5 percent or less by weight of butter- Dated: June 29, 1971. (Sec. 313(a) of the Federal Aviation Act of fat, as provided for in items 117.75 and 117.85 1958, as amended; 40 U.S.C. 1354) of subpart C, part 4, schedule 1, except arti­ A lbert C. K o l b y e , Jr., cles within the scope of other import quotas Acting Director, Bureau of Foods. Issued in Washington, D.C., on June 29, provided for in Part 3 of the Appendix to the 1971. [FR Doc.71-9572 Filed 7-7-71;8:45 am] Tariff Schedules of the United States; if J. H. S haffer, shipped otherwise than in pursuance to a Administrator, purchase, or if having a purchase price under Federal Aviation Administration. 47 cents per pound. B. F. GOODRICH CO. [FR Doc.71-9588 Filed 7-7-71;8:46 am] Under § 6.25(b) of Import Regulation Notice of Filing of Petition for Food 1, Rev. 5, as amended (34 F.R. 9743, Additives 18895; 36 F.R. 12506), a person who is not historically eligible under § 6.25(a) of Pursuant to provisions of the Federal FEDERAL COMMUNICATIONS such Regulation to receive a license for Food, Drug, and Cosmetic Act (sec. the importation of such cheese is eligible 409(b) (5), 72 Stat. 1786; 21 U.S.C. 348(b) to obtain a naw business license to import (5 )), notice is given that a petition COMMISSION a quota share of such cheese upon the (FAP 1B2694) has been filed by the B. F. [FCC 71-650] submission of (1) evidence satisfactory Goodrich Co., 500 South Main Street, to the Licensing Authority that such per­ Akron, Ohio 44138, proposing that HANDLING OF TRANSITING TRAFFIC son during the preceding quota year was § 121.2520 Adhesives (21 CFR 121.2520) BY SATELLITE FACILITIES and continues to be actively engaged in be amended to provide for the safe use of the commercial importation in his own 1,3,5 - tris(3,5 - di-feri-butyl-4-hydroxy- Memorandum Opinion and Order name of cheese or cheese products, and benzyl - s - triazine - 2,4,6 (1H,3H,5H)- Clarify Statement of Policy (2) a certification that he is not a part trione as a component of food-packaging In the matter of establishment of reg­ of or an affiliate of the business of any adhesives. ulatory policies relating to the authoriza­ other person eligible for a license to im­ Dated: June 29, 1971. tion under section 214 of the Communi­ port cheese subject to the quota provided cations Act of 1934 of satellite facilities for in TSUS 950.10E, and is not an officer, A lbert C. K o l b y e , Jr., Acting Director, Bureau of Foods. for handling of transiting traffic. member, partner, associate, or employee 1. The Commission has under consid­ of such business. [FR Doc.71-9573 Filed 7-7-71;8:45 am] eration a petition filed on June 18, 1970, Since licenses are for the first time re­ by the Communications Satellite Corp. quired for the importation of such cheese as of July 1, 1971, the provisions of ESSO RESEARCH AND ENGINEERING (Comsat) for reconsideration and clari­ fication of our Memorandum Opinion § 6.25(c) of such regulation, requiring CO. submissioin of evidence to establish eligi­ and Statement of Policy (23 FCC 2d 9) bility no later than 30 days preceding the Notice of Filing of Petition for Food which was published on May 22, 1970 in quota year for which a license to import Additives 35 F.R. 7908, in the above-captioned matter. the commodity is first requested, are Pursuant to provisions of the Federal hereby determined to be inapplicable 2. Oppositions to Comsat’s petition Food, Drug, and Cosmetic Act (sec. were filed by ITT World Communica­ with respect to the establishment of non- 409(b)(5), 72 Stat. 1786; 21 U.S.C. historical eligibility for licenses to import tions, Inc. (IT T ); RCA Global Com­ 348(b) (5)), notice is given that a peti­ munications, Inc. (RCA); American such cheese. Applications and supporting tion (FAP 1B2693) has been filed by evidence to establish such eligibility, to Telephone and Telegraph Co. (A.T. Esso Research and Engineering Co., Post & T .); and Western Union International, become effective for the remainder of the Office Box 45, Linden, N.J. 07036, propos-^ quota year 1971, should be sent to the Inc. (WUI). ing that § 121.2511 Plasticizers in poly­ 3. In its petition Comsat requests that Chief, Import Branch, Foreign Agricul­ meric substances (21 CFR 121.2511) be tural Service, U.S. Department of Agri­ the Commission reconsider and clarify its culture, Washington, D.C. 20250, and be amended to provide for the safe use of conclusion as set forth in paragraph 16, postmarked not later than July 15, 1971. diisononyl adipate as a plasticizer in that, in furnishing the space segment re­ vinyl films for food-packaging quired in connection with U.S. satellite Issued at Washington, D.C., this 30th application. day of June 1971. circuits transiting foreign earth stations, Dated: June 29,1971. Comsat would be performing only min­ R aym o n d A . I oanes, isterial activities for which no meaning­ Administrator, A lbert C. K o l b y e , Jr., Acting Director, Bureau of Foods. ful charge could be made. In support Foreign Agricultural Service. thereof, Comsat states that, if its posi­ [PR Doc.71-9636 Piled 7-7-71;8:51 am] [FR Doc.71-9574 Filed 7-7-71;8:45 am] tion with respect to transiting circuits is adopted under the future INTELSAT ar­ rangements so that the allotment of d e p a r t m e n t o f h e a l t h, units of satellite utilization is made to DEPARTMENT OF the end-user countries, Comsat would be EDUCATION, AND WELFARE entitled to voting rights and an invest­ TRANSPORTATION ment share in the global system based on Food and Drug Administration its usage, including such usage repre­ Federal Aviation Administration ARAKAWA FOREST CHEMICAL senting transiting circuits. Comsat states FLIGHT STANDARDS DISTRICT OFFICE, that it therefore would incur an obliga­ INDUSTRIES, LTD. tion with respect to the capital required Notice of Filing of Petition for Food BERKELEY, MO. as well as for the operating costs associ­ Additives Transfer of Responsibility ated with that portion of the system used for transiting circuits credited to the Pursuant to provisions of the Federal Notice is hereby given that the general United States, just as it does with respect Pood, Drug, and Cosmetic Act (sec. 409 aviation services provided in the Illinois to circuits originating and terminating

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12872 NOTICES

In the United States, with no difference validity of a tariff covering space seg­ contract ‘system shall provide a clear in its corporate activities and costs as ment portions used for transiting circuits. and concise statement of the matters between the two uses of space segment Adopted: June 16,1971. upon which they desire to adduce evi­ capacity. In view of this, it believes it un­ dence. An allegation of discrimination or fair to preclude it from making a mean­ Released: June 29,1971. unfairness shall be accompanied by a ingful charge for the space segment por­ statement describing the discrimination tion .used in transiting circuits, if and F ederal C ommunications C o m m is s io n ,3 or unfairness with particularity. If a vio­ when a tariff is filed for such service.1 [ seal] B en F . W aple, lation of the Act or detriment to the 4. The international communications Secretary. commerce of the United States is alleged, common carriers who filed oppositions the statement shall set forth with par­ take the position that, should the ar­ [FR Doc.71-9634 Filed 7-7-71;8:50 am] ticularity the acts and circumstances rangement mentioned in our memoran­ said to constitute such violation or detri­ dum opinion and statement of policy ac­ [FCC 71-698] ment to commerce. tually be realized, no service would be A copy of any such statement should performed for them by Comsat other RCA GLOBAL COMMUNICATIONS, also be forwarded to the party filing the than the ministerial function of filing INC. petition (as indicated hereinafter), and applications for units of utilization in the the statement should indicate that this space segment for transiting traffic. They COMSAT Rate Reduction has been done. state that Comsat would receive a return Ju l y 1,1971. Notice of petition to extend the term on any investment it might make in the RCA Global Communications, Inc. of a dual rate contract system filed by: satellite based on units of utilization (RCA Globcom), petition to suspend the Elmer C. Maddy, Esq., Kirlin, Campbell & credited for transiting traffic, from its proposed revisions to Communications Keating, 120 Broadway, New York, NY share of INTELSAT revenues, and that Satellite Corp.’s Tariff FCC No. 1 re­ 10005. any services performed in connection ducing rates in the Atlantic Basin area The Australia/U.S. Atlantic and Gulf with such units used for transiting traffic effective July 1, 1971, was denied by the would presumably be rendered by Comsat Conference has filed a petition (No. 9450- in its role as INTELSAT manager, and Commission. Commission statement of DR-3) with the Commission requesting be compensated for by INTELSAT.2 reasons will be issued subsequent to this that the term of its approved form of announcement. 5. The policy adopted by us states that exclusive patronage dual rate contract be Action by the Commission, June 30, extended for an additional 3 years or the terrestrial carriers should be au­ 1971. thorized to obtain by lease, or inde­ until August 31, 1974. The contract ap­ F ederal C ommunications feasible right of user, facilities for han­ plies to cargoes moving from the range of C o m m is s io n ,4 dling their traffic via satellite directly Australian ports Fremantle to Cairns, [ seal] B e n F. W aple, both included, to U.S. Atlantic and Gulf from the earth station owners at transit Secretary. points, rather than obtaining them from ports. Comsat. However, we recognize that [FR Doc.71-9635 Filed 7-7-71;8:50 am] Dated: July 2,1971. there may be circumstances under which Comsat would supply the space segment By order of the Federal Maritime to U.S. carriers. Our policy contemplates Commission. that Comsat may file a tariff when and if FEDERAL MARITIME COMMISSION F rancis C. H u r n e y , appropriate, covering costs of service for Secretary. supplying the space segment to U.S. car­ AUSTRALIA/U.S. ATLANTIC AND [FR Doc.71-9628 Filed 7-7-71;8:49 am] riers. At the time such tariff is offered GULF CONFERENCE for filing, Comsat may advance such ra­ AU­ tionale as it deems necessary to justify Notice of Petition Filed SOUTH CAROLINA STATE PORTS THORITY AND SEATRAIN LINES, INC. the items included in the tariff, thereby Notice is hereby given that the fol­ affording Comsat full due process. We lowing petition has been filed with the Notice of Agreement Filed remain of the opinion, however, that Commission for approval pursuant to there is a substantive difference between section 14b of the Shipping Act, 1916, as Notice is hereby given that the fol­ the furnishing of space segment capacity amended (75 Stat. 762, 46 U.S.C. 814). lowing agreement has been filed with the for circuits via U.S. earth stations and Commission for approval pursuant to Interested parties may inspect a copy section 15 of the Shipping Act, 1916, as circuits via foreign earth stations and of the current contract form and of the will expect any tariff filing to reflect such amended (39 Stat. 733, 75 Stat. 763, 46 petition, reflecting the changes proposed U.S.C. 814). differences, or set forth appropriate rea­ to be made in the language of said con­ sons why in each particular case these tract, at the Washington office of the Interested parties may inspect and ob­ differences are not reflected. Federal Maritime Commission, 1405 I tain a copy of the agreement at the 6. Accordingly, it is ordered, That the Street NW., Room 1202; or at the Field Washington office of the Federal Mari­ petitioh for reconsideration and clarifi­ Offices located at New York, N.Y., New time Commission, 1405 I Street NW., cation is granted. Our clarification is as Room 1202; or may inspect the agree­ Orleans, La., and San Francisco, Calif. ment at the Field Offices located at New set forth above. The Commission is Comments with reference to the pro­ making no prior determination as to the York, N.Y., New Orleans, La., and San posed changes and the petition, including Francisco, Calif. Comments on such a request for hearing, if desired, may agreements, including requests for hear­ 1 At present, the INTELSAT space segment be submitted to the Secretary, Federal ing, may be submitted to the Secretary, charge to Comsat and other consortium Maritime Commission, 14051 Street NW., members includes a factor of 14 percent re­ Federal Maritime Commission, Washing­ Washington, DC 20573, within 20 days ton, D.C. 20573, within 20 days after pub­ turn on capital as well as a factor to cover after publication of this notice in the all operating and maintenance expenses, in­ lication of this notice in the F ederal F ederal R egister. Any person desiring cluding depreciation. R egister. Any person desiring a hearing 2 ITT and WUI contend that the petition a hearing on the proposed modification on the proposed agreement shall provide for reconsideration and clarification was not of the contract form and/or the approved a clear and concise statement of the mat­ timely filed since the release date was May 18, ters upon which they desire to adduce 1970. Where reports are published in the evidence. An allegation of discrimination Federal R egister, the 30-day time period set * Commissioners Robert E. Lee and Houser as a maximum in section 405 of the Com­ absent. or unfairness shall be accompanied by a munications Act of 1934, begins to run on the * Commissioners Burch (chairman), Bart­ statement describing the discrimination date of publication in the F ederal R egister. ley, Johnson, H. Rex Lee and Wells. or unfairness with particularity. If a

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 NOTICES 12873 violation of the Act or detriment to the to constitute such violation or detriment It is ordered, That the Independent commerce of the United States is alleged, to commerce. Ocean Freight Forwarder License of the statement shall set forth with par­ A copy of any such statement should Avila Shipping Co. (M. A. Trujillo d.b.a.) ticularity the acts and circumstances said also be forwarded to the party filing the be returned to the Commission for can­ to constitute such violation or detriment agreement (as indicated hereinafter) and cellation. It is further ordered, That the Inde­ to commerce. the statement should indicate that this A copy of any such statement should has been done. pendent Ocean Freight Forwarder Li­ also be forwarded to the party filing the Notice of agreement filed by: cense of Avila Shipping Co. (M. A. Tru­ agreement (as indicated hereinafter) and Mr. Norman E. Sutherland, White, Suther­ jillo d.b.a.) be and is hereby revoked ef­ the statement should indicate that this land, Brownstein & Parks, 1200 Jackson fective June 24, 1971. It is further ordered, That a copy of has been done. Tower, Portland, OR 97205. this order be published in the F ederal Notice of agreement filed by: Agreement No. T-497—C, between Spo­ R egister and served upon Avila Shipping kane, Portland and Seattle Railway Co. Mr. Marion S. Moore, Jr., General Traffic Co. (M. A. Trujillo d.b.a.) Manager, South Carolina State Ports Au­ (Railway) and United Grain Corp. thority, Post Office Box 817, Charleston, (UGC), provides for the 15-year sub­ W m . Jarrel S m it h , Jr., SC 29402. lease of certain grain elevators and other Deputy Managing Director. Agreement No. T-2539, between the marine terminal facilities at Vancouver, [FR Doc.71-9632 Filed 7-7-71;8:50 am] South Carolina State Ports Authority Wash. As compensation, UGC will pay (Authority) and Seatrain Lines, Inc. $60,000 annually for the first 10 years, (Seatrain), provides for the 2-year lease and $340,000 annually for the last 5 years [Independent Ocean Freight Forwarder to Seatrain of certain marine terminal of the term. The agreement also provides License 817] that UGC will construct an estimated $2 facilities and the preferential use of a PRESTO SHIPPING AGENCY, INC. berth at the Authority’s State Pier 15 at million worth of improvements during Charleston, S.C., for use as a container the first 3 years of the lease. The sublease Order of Revocation facility. As compensation, Seatrain is to is subject to the terms of the basic lease pay a monthly rent of $5,575, all dockage, agreement entered into between the Rail­ On June 15, 1971, the Commission re­ and all wharfage on cargo handled up to way and the Port of Vancouver on April ceived notification from Axel R. W. Han­ 150,000 tons annually, subject to an 1, 1953 (FMC Agreement No. T-497-A), sen, vice president, Presto Shipping annual minimum of 100,000 tons, and a which includes a provision that the fa­ Agency, Inc., 52 Broadway, New York, percentage of wharfage for amounts cility is to be operated solely as a grain NY 10004, advising that he wished to handled in excess of 150,000 tons elevator facility and is not to enter into discontinue the operation of Presto Ship­ annually. competition directly or indirectly with ping Agency, Inc., immediately. the Port in the handling of general By virtue of authority vested in me by Dated: July 2,1971. cargo. Agreement No. T-497-C will the Federal Maritime Commission as set By order of the Federal Maritime supersede the present Agreement No. T— forth in Manual of Orders, Commission Commission. 497-B. Order No. 1 (revised), section 7.04(f) F rancis C. H u r n e y , Dated: July 2,1971. (dated September 29, 1970): Secretary. By order of the Federal Maritime Com­ It is ordered, That the Independent [FR Doc.71-9629 Filed 7-7 -7 1:8 :5 0 am] mission. Ocean Freight Forwarder License No. 817 of Presto Shipping Agency, Inc., be and F rancis C. H u r n e y , Secretary. is hereby revoked effective June 15, 1971, SPOKANE, PORTLAND AND SEATTLE without prejudice to reapplication for a RAILROAD CO. AND UNITED GRAIN [FR Doc.71-9627 Filed 7-7-71;8:49 am] license at a later date. It is further ordered, That a copy of CORP. [Independent Ocean Freight Forwarder this order be published in the F ederal License 445] Notice of Agreement Filed R egister and served upon Presto Ship­ Notice is hereby given that the follow­ AVILA SHIPPING CO. ping Agency, Inc. ing agreement has been filed with the Order of Revocation W m . J arrel S m it h , Jr., Commission for approval pursuant to sec­ Deputy Managing Director. By letter dated June 2, 1971, Avila tion 15 of the Shipping Act, 1916, as [FR Doc.71-9633 Filed 7-7-17;8:50 am] amended (39 Stat. 733, 75 Stat. 763, 46 Shipping Co. (M. A. Trujillo d.b.a. 80 U.S.C. 814). Broad Street, New York, NY 10004, was Interested parties may inspect and advised by the Federal Maritime Com­ [Agreement No. T-2188] obtain a copy of the agreement at the mission that Independent Ocean Freight Washington office of the Federal Mari­ Forwarder License No. 445 would be INTERNATIONAL LONGSHOREMEN’S time Commission, 1405 I Street NW., automatically revoked or suspended un­ AND WAREHOUSEMEN’S UNION Room 1202; or may inspect the'agree­ less a valid surety bond was filed with ment at the Field Offices located at New the Commission on or before June 24, Order Extending Expiration Date York, N.Y., New Orleans, La., and San 1971. Agreement No. T-2188, as amended, Francisco, Calif. Comments on such Section 44(c), Shipping Act, 1916, pro­ was approved by the Commission on agreements, including requests for hear­ vides that no independent ocean freight August 21, 1968. Pursuant to its terms, ing, may be submitted to the Secretary, forwarder license shall remain in force the arrangement provided for an alloca­ Federal Maritime Commission, Washing­ unless a valid bond is in effect and on file tion among the parties (who are employ­ ton, D.C. 20573, within 10 days after pub­ with the Commission. Rule 510.9 of Fed­ ers of members of the International lication of this notice in the F ederal eral Maritime Commission General Or­ Longshoremen’s and Warehousemen’s Register. Any person desiring a hearing der 4, further provides that a license will Union) of the costs of a Workforce Sta­ on the proposed agreement shall provide be automatically revoked or suspended bilization and Utilization Program a clear and concise statement of the for failure of a licensee to maintain a (WSUP). The labor agreement provided matters upon which they desire to adduce valid bond on file. for the payment, by the employers,'from evidence. An allegation of discrimination Avila Shipping Co. (M. A. Trujillo July 1, 1966 to June 30, 1971, of the sum or unfairness shall be accompanied by a d.b.a.) has failed to furnish a surety of $3,290,000 to the Union. Agreement No. statement describing the discrimination bond. T-2188 established the formula for allo­ or unfairness with particularity. If a By virtue of authority vested in me by cating cost among the employers and the Federal Maritime Commission as set violation of the Act or detriment to the was timed to coincide with the expira­ commerce of the United States is alleged, forth in Manual of Orders, Commission the statement shall set forth with par­ Order No. 1 (revised) section 7.04(g) tion of the labor contract on June 30, ticularity the acts and circumstances said (dated September 29, 1970): 1971.

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 No. 131------7 12874 NOTICES

About June 28,1971, the employers and we have additional concerns relating to respondents’ filing of memoranda of law, the union, faced with the possibility of a the transaction principally arising from affidavits of fact, and requests for hear­ strike, negotiated an extension of the the Supreme Court’s decision in Volks- ing in this proceeding is enlarged to and labor agreement to September 30, 1971. wagenwerk v. F.M.C., 390 U.S. 261, 88 including July 9, 1971. In order for the employers to meet their S.Ct. 929, where the court rejected limit­ Reply affidavits and memoranda shall obligations under the extended labor ing section 15’s coverage to those agree­ be filed by the Commission’s Bureau of contract in accordance with the formula ments which “affect” competition. Hearing Counsel and intervener on or heretofore agreed upon, an extension of Accordingly we are issuing this sup­ before July 23, 1971. Agreement No. T-2188 has been re­ plemental order to permit the parties to F rancis C. H u r n e y , quested. submit an additional memorandum of Secretary. Because failure to assure continuation law addressed to the question of whether of the allocation arrangement could lead the agreement is a cooperative working [FR Doc.71-9626 Filed 7-7-71;8:49 am] to a breakdown of the negotiations now arrangement or in any other manner proceeding under the extension of the falls within the contemplation of section [Docket No. 71-42; Special Permission labor contract and because no change in 15 of the Act. No. 5365] the competitive impact of Agreement No. Now, therefore, it is ordered, That sup­ T-2188 would be created by extending plemental memoranda of law shall be SEA-LAND SERVICE, INC. that agreement, we believe that'the pub­ filed by respondents and served upon all General Increases in Rates in the U.S. lic interest requires that the requested parties no later than the close of busi­ extension be granted forthwith. ness July 15, 1971. Reply memoranda of Atlantic and Gulf/Puerto Rico It is ordered, That Agreement No. T - law shall be filed by the Commission’s Trade; Third Supplemental Order 2188 be and is hereby extended to and Bureau of Hearing Counsel and inter- By the original order in this proceed­ including September 30, 1971. venors, if any, no later than the close ing served April 22,1971, the Commission It is further ordered, That a copy of of business July 29, 1971. The memo­ placed under investigation a general rate this order shall be published in the F ed­ randa and replies thereto are to be increase of the subject carrier, and sus­ eral R egister. limited solely to the issue of whether the pended to and including August 24, 1971 agreement is a cooperative working ar­ By the Commission. Supplements No. 9 to Tariffs FMC-F No. rangement or in any other manner falls 18 and FMC-F No. 21. The Commission’s F rancis C. H u r n e y , within the contemplation of section 15 order prohibits changes in tariff matter Secretary. of the Shipping Act, 1916. Oral argu­ held in effect by reason of suspension ment will be scheduled, if requested by June 30,1971. during the period of'suspension, unless the parties, and/or deemed necessary by otherwise ordered by the Commission. [FR Doc.71-9630 Filed 7-7-71;8:50 am] the Commission. By Special Permission Application No. It is further ordered, That a notice of 304 authority is sought to depart from [Docket No. 71-37] this order be published in the F ederal the terms of Rule 20(c) of Tariff Circular R egister and that a copy thereof be No. 3 and the terms of the original order MATSON NAVIGATION CO. ET AL. served upon respondents. in this proceeding to permit the filing, It is further ordered, That persons Purchase of Ships; Supplemental upon not less than 30 days’ notice of con­ other than those already party to this secutively numbered revised pages 34, 35, Order proceeding who desire to become parties 35A, and 35B to FMC-F No. 18 and con­ Matson Navigation Company, Sea- to this proceeding and to participate secutively numbered revised pages 237 Land Service, Inc., and Reynolds Leasing therein shall file a petition to intervene and 237A to FMC-F No. 21, in order to ex­ Corp. pursuant to rule 5(1) of the Commis- tend certain expiration dates to July 31, In response to our order to show cause sion’s rules of practice and procedure 1972, continuing in effect tariff matter served on April 16,1971, the parties have (46 CFR 502.72) no later than close of resulting in a reduction in rates and submitted affidavits of fact and memo­ business July 9,1971. charges. randa of law to which Hearing Counsel It is further ordered, That all docu­ A full investigation of the matters in­ has filed a reply. All parties concluded ments submitted by any party of record volved in the application having been that the agreement in question is not a in this proceeding shall be directed to made, which application is hereby re­ section 15 agreement since it does not the Secretary, Federal Maritime Com­ ferred to and made a part hereof: control, regulate, prevent, or destroy mission, Washington, D.C. 20573, in an It is ordered, That: competition within the meaning of that original and 15 copies, as well as being 1. Authority to depart from Rule 20 (c) section. In dealing with the law applica­ mailed directly to all parties of record. of Tariff Circular No. 3 and the terms of ble to the Sea-Land Service, Inc., acqui­ By the Commission. the order in Docket No. 71-42 to extend sition of two vessels originally ordered project rates provisions in consecutively [ seal] F rancis C. H u r n e y , numbered Revised Pages 34, 35, 35A, and by the Matson Navigation Co., the Secretary. parties restricted themselves to those 35B to FMC-F No. 18 and consecutively Commission and court precedents deal­ [FR Doc.71-9625 Filed 7-7-71;8:49 am] numbered revised pages 237 and 237A to ing with that category of section 15 FMC-F No. 21, as set forth in its Special agreements which regulate, prevent, or [Docket No. 71-36] Permission Application No. 304, said changes to become effective on not less destroy competition. The parties have in PACIFIC COAST AUSTRALASIAN large measure construed the issue in the than 30 days’ notice, is hereby granted. relative narrowness with which the order TARIFF BUREAU 2. The authority granted hereby does extracts portions of section 15.1 However, Enlargement of Time for Filing not prejudice the right of this Commis­ sion to suspend and/or investigate any July 2, 1971. publications submitted pursuant thereto, 1 The Order reads : Section 15 of the Shipping Act, 1916, pro­ Tariff Rule 1(C), Local Tariff No. 15, either upon receipt of protest or upon vides in pertinent part that : FMC No. 4; Tariff Rule 1(D), Overland the Commission’s own motion under sec­ * * * every common carrier by water * * * Freight Tariff No. 16. tion 3 of the Intercoastal Shipping Act, shall file immediately with the Commission Upon request of counsel for respondent, 1933. a true copy, or, if oral, a true and complete to which no party objects, time for 3. Publications issued and filed under memorandum, of every agreement with an­ this authority shall bear the following other such carrier * * * to which it may be proved, or disapproved, by the Commission a party or conform in whole or in part, * * * notation: “Issued under authority of shall be unlawful, and agreements, modifi­ controlling, regulating, preventing, or de­ Third Supplemental Order in Docket No. cations, and cancellations shall be lawful stroying competition * * * The term “agree­ 71-42 and Federal Maritime Commission only when and as long as approved by the ment” in this section includes understand­ Special Permission No. 5365.” Commission; before approval or after disap­ ings, conferences, and other arrangements. proval it shall be unlawful to carry out in 4. This special permission does not * * * * * whole or in part, directly or indirectly, any modify any outstanding formal orders Any agreement and any modification or such agreement, modification, or cancella­ of the Commission except insofar as it cancellation of any agreement not ap- tion. allows the aforementioned changes, nor

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 NOTICES 12875 waive, except as herein authorized, any dictional sales of natural gas, as set thereon, the rate supplements herein are of the requirements of its rules relative to forth in Appendix A hereof. suspended and their use deferred until the construction and filing of Tariff The proposed changed rates and date shown in the “Date Suspended publications. charges may be unjust, unreasonable, Until” column. Each of these supple­ By the Commission. unduly discriminatory, or preferential, or ments shall become effective, subject to [ seal], F rancis C. H u r n e y , otherwise unlawful. refund, as of the expiration of the sus­ Secretary. The Commission finds : It is in the pub­ pension period without any further ac­ [FR Doc.71-9631 Filed 7-7-71;8:50 am] lic interest and consistent with the Nat­ tion by the respondent or by the Commis­ ural Gas Act that the Commission enter sion. Each respondent shall comply with FEDERAL POWER COMMISSION upon hearings regarding the lawfulness the refunding procedure required by the of the proposed changes, and that the Natural Gas Act and § 154.102 of the [Docket No. RI71-1148 etc.] regulations thereunder. supplements herein be suspended and AMOCO PRODUCTION CO. ET AL. their use be deferred as ordered below. (C) Unless otherwise ordered by the Order Providing for Hearing on and Commission, neither the suspended sup­ The Commission orders: Suspension of Proposed Changes in plements, nor the rate schedules sought (A) Under the Natural Gas Act, par­ Rates, and Allowing Rate Changes to be altered, shall be changed until dis­ ticularly sections 4 and 15, the regula­ To Become Effective Subject to position of these proceedings or expira­ Refund 1 tions pertaining thereto (18 CFR Ch. I), tion of the suspension period, whichever J u n e 25, 1971. and the Commission’s rules of practice is earlier. Respondents have filed proposed and procedure, public hearings shall be changes in rates and charges for juris- held concerning the lawfulness of the By the Commission.

1Does not consolidate for hearing or dis­ proposed changes. [ seal] K e n n e t h F . P l u m b , pose of the several matters herein. (B) Pending hearings and decisions Secretary.

A ppendix A

Cents pot Mcf Rate in Rate Sup- Amount Date Effective Date ------effect sub- Docket Respondent sched- ple- Purchaser and producing area of filing date suspended Rate in Proposed ject to No. ule ment annual .tendered, unless until— effeet increased refund in No. No. increase suspended rates dockets Nos.

RI71-1148-- Amoco Production Co. et al 204 12 16 Transcontinental Gas Pipeline $1,842 6 -7 -7 1 ...... 7-23-71 22.375 28.0 RI71-638. Corp. (Thibocaux Field, La Fourche Parish, Southern Louisiana)...... do______312 1 2 3 22 Transcontinental Gas Pipeline 95,001 6 - 7-71 ...... 7-23-71 22.376 26.0 RI71-638. Corp. (Ship Shoal Blocks 28 and 32) (Offshore Louisiana) (Disputed Zone).- ...... do...... 483 1215 ...... do...... 26,463 6 - 7-71 ...... 7-23-71 22.375 26.0 RI71-638. RI71-1149-. Continental Oil Co...... 158 1 2 22 Transcontinental Gas Pipeline 52,540 6 -7 -7 1 ...... 7-23-71 21.375 26.0 RI71-833. Corp. (West Cameron Block 110 Field) (Offshore Louisiana). RI71-1150-. Shell Oil Co., et al...... 215 1 2 1 1 Texas Gas Transmission Corp. 140 6 - 7-71 ...... 7-23-71 23.55 25.55 RI68-38. (Bayou Pigeon Field, Iberia County, Southern Louisiana). RI71-1151.. Phillips Petroleum Co____ 301 4 3 14 Southern Natural Gas Co. 11,925 6- 7-71 ...... 7-23-71 23.675 25.0 G-17267. (Block 32 Field) (Offshore ' Louisiana). RI71-1152.- Kerr-McGee Corp...... 103 • 217 • Transcontinental Gas Pipe Line 264,625 6- 7-71 ...... 7-23-81 22.375 26.0 RI71-834. Corp. (Ship Shoal Blocks 28 and 32) (Offshore Louisiana) (Disputed Zone)...... do...... 69 •225 ____do______264,625 6- 7-71 ...... 7-23-71 22.375 26.0 RI71-834. RI71-1153.- Marathon Oil Co...... 73 5 Trancontinental Gas Pipe Line 224 6- 7-71...... _ 8-16-71 » 15.76738 RI68-54. Corp. (Cooke Field, La Salle »> 16.78463 County, Tex., R.R. District No. 1). RI71-1154.. Atlantic Richfield Co_____ 639 21 3 Michigan-Wisconsin Pipe Line 13,660 6- 3-71 ...... 7-19-71 20.625 21.625 Co. (Jeanerette Field, St. Mary Parish, Southern Louisiana)...... do...... 185 2 1 4 Tennessee Gas Pipe Line Co., a 41,625 6- 7-71 ...... 7-23-71 21.375 26.0 RI71-657. division of Tenneco Inc. (Cam­ eron Area, Offshore Louisiana). R171-1155.. Sun Oil Co...... 114 7820 United Gas Pipe Line Co. (Belle («> 5-28-71 ...... »0 7-13-71 22.375 «26.0 RI71-639. Isle Field, St. Mary Parish, Southern Louisiana). RI71-1156-- Ocean Drilling & Explo­ 5 7 11 13 Transcontinental Gas Pipe Line (“> 6- 1-71 ______to 7-17-71 21.375 «26.0 RI71-564. ration Co. et al. Corp. (Ship Shoal Block 113 Field, Terrebonne Parish, Offshore Louisiana). RI71-1157-- Gêtty Oil Co...... 8 19 Arkansas Louisiana Gas Co. 6,786 6- 8-71 ______8- 9-71 » 13.49236 U so (North Lansing Field, Harrison 21.0 County, Tex., RR. District No. 6). See footnotes at end of table.

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY L 1971 12876 NOTICES

A p pe n d ix A— Continued

Cents per Met Rate in l Kate Sup- Amount Date Effective D a t e ------effect sub- Docket Respondent sched- pie- Purchaser and producing area of filing date suspended Rate in Proposed ject to No. ule ment annual tendered unless until— effect increased refund in No. No. increase suspended rates dockets Nos.

RI71-1158-. Atlantic Richfield Co...... - 591 4 El Paso Natural Gas Co. (Todd 66 6- 7-71 : . . ______8-8-71 «>15.75 20 16.0 San Andres Field, Crockett County, Tex.) (Permian Basin)...... do...... 457 5 El Paso Natural Gas Co. (Brown 6,611 '6 -7 -7 1 ...... 1...... 8-8-71 « 14.1077 15 20 18.0675 Bassett (Ellenburger) Field, Terrell County, Tex.) (Permian Basin). RI71-1159.- Amoco Production Co...... 307 34 El Paso Natural Gas Co. (Big 689 6-10-71 . ______. . . 8-15-71 « 17.1275 « 18.1350 RI70-190. Piney Field, Sublette County, Wyo.). 0 ...... -______«« 18.1350 « 19.1425 RI70-190. 302 « 9 El Paso Natural Gas Co. (Huer­ 1,521 6- 9-71______8-10-71 13.0 14.2678 fano Gallup Field, San Juan County, N.-Mex.) (San Juan Basin).

♦Unless otherwise stated, the pressure base is 15.025 p.s,.i.a. « 45 days after the date of filing. > Includes documents required by Opinion No. 567. « Establishes a 3d vintage price for the RE-2 Reservoir. 2 Applicable only to' sales from reservoirs identified in the documents submitted « Applicable only to sales from the RE-2 Reservoir, pursuant to Opinion No. 567. w Unilateral rate increase. Primary term of contract expired Jan. 10,1971. 2 Submitted as three supplements and consolidated and designated as one 14 Not stated. supplement. « Subject to treating charge not to exceed 4.5 cents per Mcf—current treating charge 4 Applicable only to sales from the 5,400' Sand Reservoir. is 2.982 cents per Mcf. • Documents required by Opinion No. 567 were previously submitted and reported « Includes treating charge of 3.945 cents which may vary up to a maximum of 4.5 cents per Mcf. ^Docum ents required by Opinion No. 567 incorporated by referenced to documents « For gas delivered to buyer at 860 p.s.i.g. and below. submitted under Amoco R/S No. 483. 18 For gas delivered to buyer above 860 p.s.i.g. 7 Documenté relating to the discovery of new reservoirs pursuant to Opinion No. « Applicable to acreage added by Supplement No. 9. 567 construed as Notice of Change in Rate. 20 The pressure base is 14.65 p.s.i.a. * Establishes a 3d vintage price for the S-l, F.B.II Reservoir. 21 Includes letter agreement from buyer dated June 17,1966 stating that the second » This rate applicable to the S-l, F.B.II Reservoir. 5-year pricing period begins Nov. 30,1969.

The increases pertaining to sales outside No. 71-68 and Consolidated Gas Supply idated LNG on June 4, 1971, be denied. southern Louisiana do not exceed the cor­ Corp. (to which Consolidated LNG is the The Commission orders: The motion responding rate filing limitations imposed in successor by assignment) in Docket No. of Columbia and Consolidated LNG for southern Louisiana and therefore they are CP71-153; and (2) that Dockets Nos. limited severance and for consolidation suspended for 61 days from the date of filing, or 1 day from the contractual effective date, CP71-68 and CP71-153 be consolidated filed June 4,1971, is denied. whichever is later, pursuant to Order No. 423. for decision with the section 7 applica­ By the Commission. Those increases relating to sales within the tions of Columbia and Consolidated LNG southern Louisiana area are suspended for in Dockets No. CP71-289 and CP71-290. K enneth F. P lumb, 45 days from the date of filing, or 1 day from Atlanta Gas Light Co. filed an answer Secretary. the contractual1 effective date, whichever is fully supporting the motion. Superior Oil [FR Doc.71-9592 Filed 7-7-71;8:47 am] later, consistent with previous Commission Co. in its answer supports the motion action on similar filings. in part and opposes it in part. Southern Certain respondents request effective dates [Docket No. R I71-U 38 etc.] for which adequate notice was not given. Natural Gas Co. and Southern Energy Good cause has not been shown for granting Co., the Public Service Commission of the DIAMOND SHAMROCK CORP. ET AL. these requests and they are denied. State of New York and the Commission All of the producers’ proposed increased Staff filed answers opposing the motion. Order Providing for Hearing on and rates and charges exceed the applicable area On June 18,1971, Columbia filed a mo­ Suspension of Proposed Changes in price levels for Increased rates as set forth tion and request for clarification of the Rates, and Allowing Rate Changes in the Commission’s statement of general Commission’s order of June 10, 1971, policy No. 61-1, as amended (18 CFR 2.56). which consolidated the application in To Become Effective Subject to [FR Doc.71-9438 Filed 7-7-71;8:45 am] Dockets Nos. CP71-289 and CP71-290 Refund 1 into the instant proceeding which would J une 25,1971. establish that the Commission’s order of [Docket No. CP 71-68 etc.] June 10, 1971, was without prejudice to Respondents have filed proposed changes in rates and charges for juris­ COLUMBIA LNG CORP. ET AL. its motion of June 4, 1971. The Commis­ sion’s order of June 10, 1971, was not di­ dictional sales of natural gas, as set Order Denying Motion for Limited rected to Columbia and Consolidated forth in Appendix A hereof. Severance and for Consolidation LNG’s motion of June 4, 1971, to which The proposed changed rates and we address ourselves herein. charges may be unjust, unreasonable, June 29, 1971. unduly discriminatory, or preferential, or Dockets Nos. CP71-68, CP71-151, and Columbia LNG Corp., Docket No. otherwise unlawful. CP71-153 were consolidated for hearing The Commission finds: It is in the CP71-68; Consolidated Gas Supply Corp., by Commission order of March 11, 1971, Docket No. CP71-153; Southern Energy public interest and consistent with the and hearings on Phase I thereof with re­ Natural Gas Act that the Commission Co., Dockets Nos. CP71-151, CP71-264; spect to the LNG importation aspects of Southern Natural Gas Co., Docket No. enter upon hearings regarding the law­ the interrelated section 3 applications fulness of the proposed changes, and that CP71-276; Columbia LNG Corp., Con­ have been concluded. Hearings on the solidated System LNG Co., Docket No. the supplements herein be suspended and section 7 applications under Phase II of their use be deferred as ordered below. CP71-289; Consolidated System LNG the case are proceeding expeditiously. Co., Docket No. CP71-290. Under the circumstances, we do not be­ The Commission orders: On June 4, 1971, Columbia LNG Corp. lieve that disposition of this case would (A) Under the Natural Gas Act, par­ (Columbia) and Consolidated System be advanced by the limited severance and ticularly sections 4 and 15, the regula­ LNG Co. (Consolidated LNG) filed a consolidation requested by Columbia and tions pertaining thereto (18 CFR Ch. I). motion requesting (1) that the Commis­ Consolidated LNG. and the Commission’s rules of practice sion sever from the above consolidated The Commission finds: It is appropri­ proceeding for the purpose of decision ate and in the public interest that the 1 Does not consolidate for hearing or dis­ the application of Columbia in Docket motion filed by Columbia and Consol- pose of the several matters herein.

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 NOTICES 12877 and procedure, public hearings shall be refund, as of the expiration of the sus­ plements, nor the rate schedules sought held concerning the lawfulness of the pension period without any further ac­ to be altered, shall be changed until dis­ proposed changes. tion by the respondent or by the Com­ position of these proceedings or expira­ (B) Pending hearings and decisions mission. Each respondent shall comply tion of the suspension period, whichever thereon, the rate supplements herein are with the refunding procedure required by is earlier. the Natural Gas Act and § 154.102 of the suspended and their use deferred until By the Commission. date shown in the “Date Suspended regulations thereunder. Until” column. Each of these supple­ (C) Unless otherwise ordered by the [ seal] K e n n e t h F. P l u m b , ments shall become effective, subject to Commission, neither the suspended sup- Secretary.

A jpendix A

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

EI71-1138-- Diamond Shamrock Corp. 27 4 Transcontinental Gas Pipe Line $1,780 5-27-71 _____ 7-28-71 15 7674 16.7846 RI67-417. et al. Corp. (Big Foot Area Frio County, Tex., R R. District No. 1). RI71-1139-. Phillips Petroleum Co. 299 *10 Southern Natural Gas Co. (Bas- 41,075 5-28-71 ...... 7-13-71 » 23.675 »25.0 G-17155 et al. tian Bay Field, Plaquemines Parish, Southern Louisiana). RI71-1140.. Union Oil. Co of California.. 13 ä314 Texas Gas Transmission Corp. 36,957 5-27-71 ______7-12-71 » 22.375 »25 75 RI71-564. (Eastern Lake Palourde Fields, St. Martin and Assumption Parishes, Southern Louisiana). RI71-1141-- Phillips Petroleum Co...... 30 *11 Tennessee Gas Pipeline Co. 679 5-27-71 . . . — ...... 7-28-71 17.0 17. 5656 G-20524. (Green Branch Field, McMul­ len County, Tex., RR. District No. 1). »23.50 RI70-1446, EI71-802... Continental Oil Co______183 1 8 4 1-22 Tennessee Gas Pipeline Co., A 4,196 6- 1-71 ...... _____3 3-25-71 » 20.67 division of Tenneco Inc. (Grand Isle Block 47 Field) (Offshore Louisiana). EI71-1142.. Phillips Petroleum Co____ '7 17 El Paso Natural Gas Co. (Gold­ 11,632 5-27-71 ...... 8- 2-71 16.6821 17.1878 RI71-293. smith Plant, Ector County, Tex., Permian Basin)...... do...... 9 23 El Paso Natural Gas Co. (Crane 51,081 5-27-71 ...... 8 - 2-71 16.4292 6.9349 RI71-293. Plant, Crane County, Tex., Permian Basin). ____do...... 10 22 El Paso Natural Gas Co. (Key­ 8,265 5-27-71 ...... 8- 2-71 18.8105 19.3191 RI71-293. stone Plant, Winkler County, Tex., Permian Basin)...... do...... 32 37 El Paso Natural Gas Co. (Gold­ 171,955 5-27-71 ...... 8- 2-71 • 16.6821 » 17.1878 RI71-293. smith and Fullerton Plants, 69,809 5-27-71 ...... 8-2-71 • 157426 • 17.2603 RI71-293. Ector and Andrews Counties, Tex., and Eunice Plant, Lea County, N. Mex., Permian Basin). ____ do...... 33 21 ...... d o ...... 149,990 5-27-71 ...... 8- 2-71 » 16.6821 « 17.1878 RI71-293. Ui) 5-27-71 ...... 8 - 2-71 •15 7426 » 17.2503 RI71-293. ____do...... 64 20 El Paso Natural Gas Co. (Eunice 38,585 5-27-71 ...... 8- 2-71 16.7426 17.2503 RI71-293. Plant, Lea County, N. Mex.; Permian Basin). ____do...... - 243 27 El Paso Natural Gas Co. (Hobbs 39,600 5-27-71 ...... 8- 2-71 « 16.7426 « 17.2503 RI71-293. and Lee Plants, Lea County, 25j 385 6-27-71 ...... 8- 2-71 “ 16. 2349 “ 17.2503 RI71-483. N. Mex.) (Permian Basin). 83,757 5-17-71 ...... 8- 2-71 “ 17.2503 M 17. 7579 RI71-293. ____do...... 47 15 El Paso Natural Gas Co. (Jack 625 5-28-71 ...... 8- 2-71 18.3105 18.8191 RI71-767. Herbert Field, Upton County, Tex.) (Permian Basin). ____ do...... 65 19 El Paso Natural Gas Co. (Jal 4,911 5-27-71 ______8- 2-71 18.4138 18.9253 RI71-293. Field, Lea County, N. Mex., Permian Basin)...... do...... — ~ 151 14 ...... do______1- ...... 818 5-27-71 ...... 8- 2-71 18.4138 18.9253 RI71-293. ____do...... 256 11 El Paso Natural Gas Co. (Spra- 168 5-27-71 ...... 8 - 2-71 19.8364 20.3450 RI71-293. berry Field, Reagan County, Tex.) (Permian Basin). ____do...... 260 10 El Paso Natural Gas Co. 140 5-27-71 ...... _____ 8-2-71 17.2933 17.8019 RI71-293. (Noelke Field, Crockett County, Tex.) (Permian Basin). ____do...... 309 15 El Paso Natural Gas Co. (Am- 153 5-27-71 ...... 8-2-71 16.7846 17.33 RI71-29293. acker-Tippett Field, Upton County, Tex.) (Permian Basin). ____do...... 369 23 El Paso Natural Gas Co. (Wink- 12,409 5-27-71 _____ . . . . . 8- 2-71 19.7523 20.2588 RI71-298. lerPlant, Winkler County, Tex. Permian Basin)...... do...... — ...... 363 19 El Paso Natural Gas Co. (Tun- 10,682 5-27 71 ...... 8- 2-71 17.8019 18.3105 RI71-298. still Plant, Reeves County, Tex., Permian Basin). ____ do...... 315 8 El Paso Natural Gas Co. (Spra- 56 5-27-71 ...... ____ 8- 2-71 10.8364 20.3450 RI71-293. berry Field, Reagan County, Tex., Permian Basin). RI71-1143.. Midwest Oil C orp...._____ 24 4 Cimarron Transmission Co. 182 “ 5-24-71...... ____ 7-25-71 “ “ 18.162 :“ “ 19.233 :RI71-1087. (Marietta Area, Love County) (Oklahoma Other Area).

* Unless otherwise stated, the pressure base is 14.65 p.s.i.a. » The pressure base is 15.025 p.si.a. 1 Applies only to gas sold from reservoirs discovered on or after Oct. 1, 1968 as s Goldsmith & Fullerton Plants, Texas. shown in the documents filed pursuant to Opinion No. 567. * Eunice Plant, New Mexico, 2 Includes documents required by Opinion No. 567, showing reservoirs discovered i# Lee Plant. after Oct. 1,1968. u No gas presently being sold at the Eunice Plant under this rate schedule. 3 Applicable only to sales from reservoirs identified in the documents submitted 18 Hobbs Plant. Pursuant to Opinion No. 567. r* Hobbs Plant-Additional volumes of gas added by Supplement No. 25. 4 Revised filing. Prior filing reflected that the “ KD” Sand Reservoir qualifies for “ Base rate subject to upward and downward B.t.u. adjustment. third vintage price erroneously. “ Corrected by filing of June 1,1971. ‘ Accepted for filing as substitute rate filing effective as of Mar. 26,1971, subject to i» Includes upward B.t.u. adjustment. refund in RI71-802. * 4 Includes letter agreement dated May '26,1969 which provides for the redetermined rate proposed herein.

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, T971 12878 NOTICES

The southern Louisiana increases, except serve to make the protestants parties to for Continental’s increase, are suspended for Docket Date Name of applicant the proceeding. Persons wishing to be­ No. filed a period ending 45 days from the date of come parties to a proceeding or to par­ filing or 1 day from the contractually due date, whichever is later, consistent with prior ticipate as a party in any hearing there­ CS71-1019-. 5-11-71 Carl R. Corley, Post Office Commission action on southern Louisiana in­ in must file petitions to intervene in ac­ Box 7665, Shreveport, LA 71107. creases exceeding the area rates set forth cordance with the Commission’s rules. CS71-1020— 5-11-71 Larry N. Dickerson, Post in Opinions ‘Nos. 546 and 546—A. The proposed Take further notice that, pursuant to Office Box 7665, Shreveport increased rates In areas outside southern the authority contained in and subject to LA 71107. Louisiana do not exceed the corresponding CS71-1021.. 5-11-71 Joe T. Franks, Post Office the jurisdiction conferred upon the Fed­ Box 7665, Shreveport, LA rate limitation for increased rates in south­ 71107. ern Louisiana and are therefore suspended eral Power Commission by sections 7 and CS71-1022.. 5-11-71 Gerald E. Huggs, Post Office for a period ending 61 days from the date of 15 of the Natural Gas Act and the Com­ Box 7665, Shreveport, LA filing or for 1 day from the contractually due mission’s rules of practice and procedure, 71107. CS71-1023.. 5-11-71 Duane Cloud, Trustee, Post date, whichever is later. a hearing will be held without further Office Box 7665, Shreveport, Continental had previously filed a proposed notice before the Commission on all ap­ LA 71107. increase under its FPC Gas Rate Schedule CS71-1024.. 5-11-71 Gene R. Robinson, Post Office plications in which no petition to inter­ Box 7665, Shreveport, LA No. 183 to 23.5 cents per Mcf, applicable to vene is filed within the time required 71107. gas produced from newly discovered reser­ CS71-1025.. 5-11-71 Donald W. Webb, Post Office voirs. The proposed increase was suspended herein if the Commission on its own re­ Box. 7665, Shreveport, LA by order issued March 5, 1971, and made view of the matter believes that a grant 71107. of the certificates is required by the CS71-1026.. 6- 1-71 B. M. Nowery, Jr., 705 Ontario, effective subject to refund as of March 26, Shreveport, LA 71106. 1971 in Docket No. RI71-802. Continental public convenience and necessity. Where CS71-1027-. 6- 1-71 J. F. McAdams & B. E. now states that one of the reservoirs, the a petition for leave to intervene is timely Holladay, dba Holmac “KD” reservoir, previously claimed for third Oil Co., Post Office Drawer filed, or where the Commission on its 1890, Hobbs, NM 88240 vintage status, does not qualify for such own motion believes that a formal hear­ CS71-1028-. 6- 1-71 Crownwell Oil Co., Inc., Post status and therefore it is not entitled to the Office Box 52211, New Orleans, 23.5-cent price for gas sold from such reser­ ing is required, further notice of such LA 70113. voir. No amounts attributable to the in­ hearing will be duly given. CS71-1029.. 6- 1-71 Big “ 6” Drilling Co., 1228 Bank of Southwest Bldg., Houston, creased rate have been paid for gas sold from Under the procedure herein provided Tex. 77002. such reservoir. Continental has submitted a CS71-1030.. 6- 1-71 Dawson Operating Co., Inc., revised filing to be substituted for the prior for, unless otherwise advised, it will be Post Office Box 7381, Ama­ filing reflecting a price increase only applica­ unnecessary for applicants to appear or rillo, T X 79109. CS71-1031.. 6- 1-71 Robert G. Shaw, 702 Wedge- ble to those reservoirs that qualify for such be represented at the hearing. wood, Longview, TX 75601. higher price. We believe it appropriate to ac­ CS71-1032.. 6- 1-71 H. M. Crosswell, Jr., 1010 River cept the revised filing subject to refund in K e n n e t h F . P l u m b , Oaks Bank & Trust Tower, the existing suspension proceeding in Docket Secretary. Houston, Tex. 77019. CS71-1033.. 6- 1-71 Fred L. Sharp, 12 Niles Rd., No. RI71-802. Austin, T X 78703. Certain respondents request either effec­ Docket Date Name of applicant CS71-1034.. 6- 1-71 Thomas C. Canan, 620 Oil & tive dates or waiver of notice for which ade­ No. filed Gas Bldg., Wichita Falls, Tex quate notice has not been given. Good cause 76301. CS71-1035.. 6- 1-71 Milton S. Gould, 330 Madison has not been shown for granting any of these CS66-19-... 5-27-71 Arthur J. Wessely (successor to Ave., New York, NY 10017. requests and they are denied. Yucca Petroleum Co.), Post CS71-1036.. 6- 1-71 Mrs. Mae Lusk et al., 1937 West All of the producers’ proposed increased Office Box 550, Amarillo, T X Gray, Suite 22, Houston, Tex 79105. rates and charges exceed the applicable area 77019. CS68-1...... 10-30-69 Amini Oil Corp. (Operator) CS71-1037.. 6- 1-71 Glasscock Leaseholds, Inc., 200 price levels for increased rates as set forth in et al., (successor to K. K. Fillmore, Suite 306, Denver, the Commission’s statement of general policy Amini (Operator) et al.), CO 80206. No. 61-1, as amended (18 CFR 2.56). 400 Wall Towers West, CS71-1038-. 6- 1-71 P. W. Finke, Trustee, 8403 Midland, Tex. 79701. Braesview, Houston, TX [FR Doc.71-9439 Filed 7-7-71;8:45 am] CS71-1000. 5-26-71 Hadson Ohio Oil Co., 300 77071. Hightower Bldg., Oklahoma CS71-1039-. 6- 1-71 A. D. Weatherly, 1500 Lamar, City, Okla. 73102. Amarillo, Tex. 79102. CS71-1001. 5-26-71 T. K. Hendrick (Operator) CS71-1040.. 6- 1-71 Chas. T. McCord, Jr. and [Docket No. CS66-19 etc.] et al., 300 Hightower Bldg., Henry Goodrich d.b.a. Oklahoma City, Okla. 73102. McCord Oil Co., 1705 Beck ARTHUR J. WESSELY ET AL. CS71-1002. 5-26-71 Arapahoe Production Cp., Bldg., Shreveport, La. Post Office Box 1228, Borger, 71101. Notice of Applications for “Small T X 79007. CS71-1041.. 6- 1-71 Ted Collins, Jr., 606 Vaughn CS71-1003. 5-26-71 Willard Pease Drilling Co., Bldg., Midland, Tex. 79701. Producer” Certificates 1 Post Office Box 548, Grand CS71-1042.. 6- 1-71 M. L. Posey, Jr., 440 Oil & Gas Junction, CO 81501. Bldg., New Orleans, La. Ju n e 29, 1971. CS71-1004. 5-27-71 Platte Valley Oil Co., Inc., 214 70112. Hillcrest Center Bldg., CS71-1043.. 6- 1-71 Raybourne Thompson, 2100 Take notice that each of the applicants Ralston, Nebr. 68127. First City National Bank listed herein has filed an application pur­ CS71-1005. 5-27-71 Frank H. Walsh, Box 30, Bldg., Houston, Tex. 77002. Sterling, CO 80751. CS71-1044.. 6- 1-71 Robert E. Tucker, Jr., 620 suant to section 7(c) of the Natural Gas CS71-1006. 5-27-71 C. F. Braun & Co., Alhambra, Vaughn Bldg., Midland, Tex. Act and § 157.40 of the regulations there­ Calif. 91802. 79701. under for a “small producer” certificate CS71-10Ó7. 5-27-71 Ruthe H. Greenewald, c/o CS71-1046-. 6- 1-71 Tom Brown Drilling Co., Inc., Culton, Morgan, Britain & Post Office Box 5706, Mid­ of public convenience and necessity au­ White, Post Office Box 189, land, T X 79701. Amarillo, T X 79105, Atten­ thorizing the sale for resale and delivery tion: Ray W. Richards. CS71-104Î.. 6- 3-71 Ada Land Co., Post Office Box of natural gas in interstate commerce, all CS71-1009-. 5-28-71 Tascosa Production Co., Post 844, Houston, T X 77001. as more fully set forth in the applica­ Office Box 9158, Amarillo, CS71-1048— 6- 2-71 Van Oil Co., 300 Hightower T X 79105. Bldg., Oklahoma City, Okla. tions which are on file with the Commis­ CS71-1010- 5-28-71 Malouf Abraham, Post Office 73102. sion and open to public inspection. Box 36, Canadian, T X 79014. CS71-1049-. 6- 3-71 Killam & Hurd, Ltd., Post CS71-1011. 5-28-71 Herbert L. Dillon, Jr., 3210 One Office Box 499, Laredo, TX Any person desiring to be heard or to Shell Plaza, Houston, Tex. 78040. make any protest with reference to said 77002. CS71-1050-. 6- 3-71 Duer Wagner, Jr., 2700 Conti­ CS71-1012. 5-28-71 Ira S. Snead, 3210 One Shell nental National Bank Bldg., applications should on or before July 23, Plaza, Houston, Tex. 77002. Fort Worth, Tex. 76102. 1971, file with the the Federal Power CS71-1013. 5-11-71 Franks Petroleum Inc., Trustee, Post Office Box 7665, Shreve­ CS71-1051.. 6- 4-71 C. E. Starrett, Post Office Box Commission, Washington, D.C. 20426, port, LA 71107. 276, Refugio, T X 78377. petitions to intervene or protests in ac­ CS71-1014. 5-11-71 Franks Petroleum Inc., Post CS71-1052.. 6- 4-71 A. O. Phillips, 2507 Mercantile Office Box 7665, Shreveport, Bank Bldg., Dallas, Tex. cordance with the requirements of the LA 71107. 75201. Commission’s rules of practice and pro­ CS71-1015. 5-11-71 John Oil & Gas Co., Post Office CS71-1053-. 6- 4-71 William G. Darsey, III, Post cedure (18 CFR 1.8 or 1.10). All protests Box 7665, Shreveport, LA Office Box 51643, O.C.S., filed with the Commission will be con­ 71107. Lafayette, LA 70501. CS71-1016- 5-11-71 The Karen Corp., Post Office CS71-1054.. 6- 4r-71 F. H. Brown, Post Office Box sidered by it in determining the appro­ Box 7665, Shreveport, LA 6606-G, Shreveport, LA 71107. 71106. priate action to be taken but will not CS71-1017. 5-11-71 Brammer Engineering, Inc., Post Office Box 7665, Shreve­ CS71-1055.. 6- 7-71 Stonetex Oil Corp., 1129 DAC Bldg., Dallas, Tex. 75201. 1 This notice does not provide for consoli­ port, LA 71107. CS71-1018. 5-11-71 L. R. Brammer, Jr., Post Office CS71-1056.. 6- 7-71 Henry L. Allbritton, 3005 dation for hearing of the several matters Box 7665, Shreveport, LA Fairway Dr., Billings, MT covered herein. 71107. 59102.

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 NOTICES 12879 Issued: July 2,1971. Docket Date ' Name of applicant Docket Date Name of applicant No. filed By order of the Commission. No. filed [ seal] K e n n e t h R . M ason, CS71-1090.. 6-17-71 Curtis S. Green, 725 Wright C871-1057. . 6- 7-71 H. L. Brown, Jr., 309 Midland Secretary. Tower Bldg., Midland, Tex. Bldg., Tulsa, Okla. 74103. CS71-1091.. 6-17-71 William E. Snee, Downtown [FR Doc.71-9614 Filed 7-7-71;8:49 am] 79701. Station, Post Office Box 2023, CS71-1058-- 6- 7-71 Duqnesne Natural Gas Co. and Duquesne Kentucky Gas Uniontown, PA 15401. Co., 206 Southwest Tower, CS71-1092.. 6-17-71 Orville Eberiy, Downtown Sta­ Houston, Tex. 7.7002. tion, Post Office Box 2023, [ TEA—W—97—TEA—W—99 ] Uniontown, PA 15401. CS71-1059-. 6- 7-71 Milton Carpenter, Box 185, McLean, T X 79057. CS71-1093-. 6-18-71 John C. Oxley et al., 1910 First National Bldg., Tulsa, Okla. STACY ADAMS SHOE CO. ET AL. CS71-1060.- 6- 9-71 T. C. Huddle, Operator, D-406 Petroleum Center, San 74103. CS71-1094.. 6-17-71 G. C. Slater & B. J. Johnson, Workers’ Petitions for Determination Antonio, Tex. 78209. 814 Twenty Sixteen Main CS71-1061-- 6- 9-71 Big “ 6” Drilling Co., 1228 Bank of Eligibility To Apply for Adjust­ of Southwest Bldg., Houston, Bldg., Houston, Tex. 77002. Tex. 77002. CS71-1095.. 6- 2-71 Estate of Alfred E. McLane, ment Assistance; Notice of Investi­ ■*' Deceased and Dixie M. CS71-1062.. 6- 9-71 Newman Brothers Drilling Co., 1432 Milam Bldg., San McLane Trust, 2700 Republic gations Antonio, T X 78205. National Bank Bldg., Dallas, Tex. 75201. On the basis of petitions filed under CS71-1063-. 6- 9-71 Ed E. & Gladys Hurley Foun­ dation of Louisiana, First CS71-1096-. 6- 7-71 The Herman F. Heep Trust section 301(a)(2) of the Trade Expan­ National Bank of Shreveport, No. 1 and No. 2 et al., Post Trustee, 400 Petroleum Bldg., Office Drawer 279, Austin, sion Act of 1962, on behalf of the work­ Shreveport, La. 71101. T X 78767. ers of— 6-17-71 Petroleum Transmission Corp., CS71-1064-. 6-10-71 Salmon Corp., 823 South Detroit CS71-1097_ Ave., Tulsa, OK 74120. E-102 Petroleum Center, San TEA—W—97 Stacy Adams Shoe Co., Brockton, 6-10-71 Howard E. Berry (Operator), Antonio, Tex. 78209. Mass. CS71-1065-. 6-17-71 Pomeroy Smith 70 Ltd., 418 Post Office Box 1027, Jackson, CS71-1098-. TEA—W-98 Copley Shoe Co., Inc., Wakefield, MS 39205. Building of the Southwest, Midland, Tex. 79701. Mass. CS71-1066.. 6-10-71 James W. Harris, Operator, Post Office Box 1027, Jackson, CS71-Í099. . 6-18-71 East-West Gas Co., 516 5th TEA—W—99 Pappagallo, Inc., New York, N.Y. Ave., Suite 507, New York, MS 39205. N.Y. 10036. CS71-1067- 6-10-71 N. Hall McCord, Post Office the U.S. Tariff Commission, on the 1st Box 22324, Houston, T X CS71-1100-. 6-18-71 Wilson Exploration Co. (Opera- ator) et al., 2100 First City day of July 1971 instituted investigations 77027. National Bank Bldg., Hous­ CS71-1068.. 6-10-71 Enterprise Gas Inc., 2021 under 301(c)(2) of the said act to de­ Chamber of Commerce Bldg., ton, Tex. 77002. termine whether, as a result in major Houston, Tex. 77002. CS71-1069.. 6-10-71' Tartan Resources Corp., 517 part of concessions granted under trade Petroleum Tower, Corpus [FR Doc.71-9565 Filed 7-7-71;8:45 am] agreements, articles like or directly com­ Christi, Tex. 78401. petitive with products manufactured by CS71-1070.. 6-11-71 Russell V. Johnson, Jr. (Operator) et al., 300 High- - thè aforementioned firms—men’s foot­ tower Bldg., Oklahoma City, Okla. 73102. wear, women’s footwear, and women’s CS71-1071-. 5-19-71 The Gaye Anne Gilster Trust and misses’ footwear, respectively—are under the will of Ralph R. TARIFF COMMISSION Gilster, Post Office Box 1315, [TEA-F-26] being imported into the United States in Shreveport, LA 71102. such increased quantities as to cause, or CS71-1Q72.. 5-19-71 The Michael Brian Gilster JOHNSON, STEPHENS, & SHINKLE to threaten to cause, the unemployment Trust under the will of Ralph R. Gilster, SHOE CO. or underemployment of a significant Post Office Box 1315, number or proportion of the workers of Shreveport, LA 71102. Petition for Determination of Eligibility such firms. CS71-1073__ 5- 19-71 Ralph R. Gilster, Jr., Post Office Box 1315, To Apply for Adjustment Assist­ The petitioners have not requested a Shreveport, LA 71102. 6- 10-71 Rodney P. Calvin, 555 17th St.,ance; Notice of Investigation public hearing. A hearing will be held CS71-1074.. on request of any other party showing Denver, CO 80202. Investigation instituted. Upon petition CS71-1075.. 5- 3-71 Cleveland Davis, Jr., Trustee a proper interest in the subject matter of the James Ripley Davis under section 301(a) (2) of the Trade Ex­ Trust, Post Office Box 458, of the investigations, provided such re­ Angleton, T X 77515. pansion Act of 1962, filed by Johnson, quest is filed within 10 days after pub­ CS71-1076.. 5-26-71 W. T. Fail, Box 1394, Stephens, and Shinkle Shoe. Co., St. lication of the notice in the F ederal Shawnee, OK 74801. Louis, Mo., the U.S. Tariff Commission, CS71-1077.. 5-27-71 D. H. Byrd (Operator) et al., R egister. 1110 Tower Petroleum Bldg., on July 1, 1971, instituted an investiga­ Dallas, Tex. 75201. tion under section 301(c) (1) of the said The petitions filed in this case are CS71-1078-. 5- 25-71 T. W. Eason et al., 5225 North .. available for inspection at the Office of Shartel, Oklahoma City, act to determine whether, as a result in the Secretary, U.S. Tariff Commission, OK 73118. major part of concessions granted under CS71-1079-. 6- 14^71 Estate of John V . Rowan,trade agreements, articles like or directly Eighth and E Streets NW., Washington, 219 West Eianere, DC, and at the New York City office of San Antonio, T X 78212. competitive with women’s and misses’ ÇS71-1080— 6-14-71 Murchison Bros. & Denius, cement process shoes of the kind pro­ the Tariff Commission located in room 2035 First National Bank 437 of the Customhouse. Bldg., Dallas, Tex. 75202. duced by the aforementioned firm, are CS71-1081.. 6-14-71 Crown Central Petroleum being imported into the United States in Issued: July 2,1971. Corp., 2100 First City such increased quantities as to/cause, or National Bank Bldg., By order of the Commission. Houston, Tex. 77002. threaten to cause, serious injury to such CS71-1082.. 6-15-71 J. A. LaFortune, 2104 Phil- tower, Tulsa, Okla. 74103. firm. [ seal] K e n n e t h R . M aso n , C S 7 M 0 8 3 .. 6-15-71 Thomas N. Berry & Co., 510 The petitioner has not requested a pub­ Secretary. Oklahoma Natural Bldg., Tulsa, Okla. 74119. lic hearing. A hearing will be held on [FR Doc.71-9615 Filed 7-7-71;8:49 am] CS71-1Q84. . 6-16-71 Sesco Production Co., Post request of any other party showing a Office Box 6102, Longview, proper interest in the subject matter of T X 75601. CS71-1085.. 6-16-71 Sesco Production Co., Post the investigation, provided such request Office Box 6102, Longview, is filed within 10 days after the notice T X 75601. DEPARTMENT OF LABOR CS71-1086.. 6-16-71 David Fasken and Richard S. is published in the F ederal R egister. Brooks, 608 First National Inspection of petition. The petition Office of the Secretary Bank Bldg., Midland, Tex: 79701. filed in this case is available for inspec­ WEST VIRGINIA CS71-1087.. 6-16-71 C. V. Lyman, Post Office Box tion at the Office of the Secretary, U.S. 1141, Midland, T X 79701. Notice of Termination of Extended CS71-1088.. 6-17-71 W. C. Payne et al., 1376 First Tariff Commission, Eighth and E Streets National Bldg., Oklahoma Unemployment Compensation City, Okla. 73102. NW., Washington, DC, and at the New CS71-1089-. 6-17-71 P. J. Watrous, Trustee, 630 York City office of the Tariff Commission The Federal-State Extended Unem­ Fifth Ave., New York, NY 1 0 0 2 0 . located in Room 437 of the Customhouse. ployment Compensation Act of 1970,

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12880 NOTICES

Title II of Public Law 91-373, establishes carrier,> by motor vehicle of passengers 316 Continental Avenue, Dallas, TX a program of extended unemployment and their baggage, and express and news­ 75207, filed June 22, 1970. Carrier pro­ compensation which provides for pay­ papers in the same vehicle with pas­ poses to operate as a common carrier, by ment to unemployed workers who have sengers, over a deviation route as follows: motor vehicle, of passengers and their received all of the regular compensation From Maxville, Fla., over U.S. Highway baggage, and express and newspapers in to which they are entitled, commencing 301 to interchange Interstate Highway the same vehicle with passengers, over when unemployment is high (according 10, thence over Interstate Highway 10 to a deviation route as follows: From junc­ to indicators set forth in the law) and Jacksonville, Fla.,, and return over the tion Interstate Highway 70 and U.S. terminating when unemployment ceases same route, for operating convenience Highway 6, west of Denver, Colo., over to be high (according to indicators set only. The notice indicates that the car­ Interstate Highway 70 to junction U.S. forth in the law). rier is presently authorized to transport Highway 6, near Dowds, Colo., and re­ Notice is Thereby given that Clement R. passengers and the same property, over turn over the same route, for operating Bassett, Commissioner of the West Vir­ a pertinent service route as follows: Be­ convenience only. The notice indicates ginia Department of Employment Secu­ tween Jacksonville, Fla., and Maxville, that the carrier is presently authorized rity, who previously determined there Fla., over Florida Highway 228. to transport passengers and the same was an “on” indication in the week be­ No. MC-41638 (Deviation No. 3) (Can­ property, over a pertinent service route ginning January 17,1971, and that an ex­ cels Deviation No. 2), DeLUXE TRAIL- as follows: From Denver, Colo., over U.S. tended benefit period began in the week WAYS, INC., 1718 South Clark Street, Highway 6 via Dillon and Wheeler, Colo., commencing February 7, 1971, has now Chicago, IL 60616, filed June 25, 1971. to Dowds, Colo., and return over the determined that there was a State “off” Carrier proposes to operate as a common same route. indicator in West Virginia for the week carrier, by motor vehicle, of passengers By the Commission. ending April 17, 1971, and that an ex­ and their baggage, and express and news­ tended benefit period terminated in the papers in the same vehicle with passen­ [ seal] R obert L. O sw ald , State with the week ending May 8, 1971. gers, over a deviation route as follows: Secretary. This notice is published pursuant to sec­ From Chicago, 111., over city streets to [FR Doc.71-9646 Filed 7-7-71;8:51 am] tion 203(b) (2) of the Act. junction Interstate Highway 94 and In­ Signed at Washington, D.C., this 30th terstate Highway 57 (city of Chicago, [Notice 53] day of June 1971. HI.), thence over Interstate Highway 57 J. D . H odgson, to Onarga, HI., and return over the same MOTOR CARRIER APPLICATIONS AND Secretary of Labor. route, for operating convenience only. CERTAIN OTHER PROCEEDINGS The notice indicates that the carrier is [FR Doc.71-9577 Filed 7-7-71;8:45 am] presently authorized to transport pas­ Ju l y 2, 1971. sengers and the same property, over The following publications are gov­ pertinent service routes as follows: (1) erned by the new Special Rule 247 of the From Chicago, 111., over city streets to Commission’s rules of practice, published INTERSTATE COMMERCE Hammond, Ind., thence over Sibley Bou­ in the F ederal R egister, issue of Decem­ levard to junction Alternate U.S. High­ ber 3,1963, which became effective Janu­ way 30, thence over Alternate U.S. High­ ary 1,1964. COMMISSION way 30 to junction U.S. Highway 6, The publications hereinafter set forth [Notice 17] thence over U.S. Highway 6 to junction reflect the scope of the applications as U.S. Highway 54, thence over U.S. High­ filed by applicant, and may include de­ MOTOR CARRIER ALTERNATE ROUTE way 54 via Kankakee and Onarga, HI., scriptions, restrictions, or limitations DEVIATION NOTICES to Fullerton, HI., thence over Hlinois which are not in a form acceptable to the v Ju l y 2, 1971. Highway 48 to junction U.S. Highway 66, Commission. Authority which ultimately may be granted as a result of the appli­ The following letter-notices of pro­ thence over U.S. Highway 66 to junction City U.S. Highway 66, thence over City cations here noticed will not necessarily posals to operate over deviation routes reflect the phraseology set forth in the for operating convenience only have been U.S. Highway 66 to East St. Louis, HI., thence over the Eads Bridge to St. Louis, application as filed, but also will elimi­ filed with the Interstate Commerce Com­ Mo., and (2) from Decaur, HI., over U.S. nate any restrictions which are not ac­ mission under the Commission’s Revised ceptable to the Commission. Deviation Rules-Motor Carriers of Pas­ Highway 51 to Pana, HI., thence over Hlinois Highway 16 to Litchfield, HI., and sengers, 1969 (49 CFR 1042.2(c) (9)) and M otor C arriers of P roperty return over the same routes. notice thereof to all interested persons is NOTICE OF FILING OF PETITIONS hereby given as provided hi such rules (49 No. MC-107586 (Deviation No. 13), CFR 1042.2(c) (9)). CONTINENTAL BUS SYSTEM, INC., No. MC 109430 (Republdcation) (Notice Protests against the use of any pro­ 316 Continental Avenue, Dallas, TX of Filing of Petition to Modify Certifi­ posed deviation route herein described 75207, filed June 22, 1970. Carrier pro­ cate) , filed February 1,1971, published in may be filed with the Interstate Com­ poses to operate as a common carrier, by the F ederal R egister issue of Febru­ merce Commission in the manner and motor vehicle, of passengers and their ary 18, 1971, and republished this issue. form provided in such rules (49 CFR baggage, and express and newspapers in Petitioner: EQUIPMENT TRANSPORT, 1042.2(c)(9)) at any time, but will not the same vehicle with passengers, over a INC., Post Office Box 665, West Colum­ operate to stay commencement of the deviation route as follows: From the bia, SC 29169. Petitioner’s representa­ proposed operations unless filed within Colorado-Utah State line over Interstate tives : Henry P. Willimon, Post Office Box 30 days from the date of publication. Highway 70 to Thompson, Utah, and re­ 1075, Greenville, SC, and Kim D . Mann, Successively filed letter-notices of the turn over the same route, for operating 915 Pennsylvania Building, Washington, same carrier under the Commission’s Re­ convenience only. The notice indicates D.C. 20004. A report and order of the vised Deviation Rules-Motor Carriers of that the carrier is presently authorized to Commission, Operating Rights Board, Property, 1969, will be numbered consecu­ transport passengers and the same prop­ dated April 30, 1971, and served June 25, tively for convenience in identification erty, over a pertinent service route as fol­ 1971, finds; that the present and future and protests, if any, should refer to such lows: From Salt Lake City, Utah, over public convenience and necessity require letter-notices by number. Alternate U.S. Highway 50 (formerly U.S. that petitioner’s certificate No. Highway 50) via Springville, Utah, to M otor C arriers of P assengers MC-109430 be modified by modifying au­ junction U.S. Highway 50, thence over No. MC-1515 (Deviation No. 587), U.S. Highway 50 to Grand Junction, thority contained therein to transport GREYHOUND LINES, INC. (Eastern Colo., and return over the same route. the commodities indicated below between Division), 1400 West Third Street, Cleve­ No. MC-107586 (Deviation No. 14), points in Alabama and Georgia within 10 land, Ohio 44113, filed June 22,1971. Car­ miles of Columbus, Ga., to provide for rier proposes to operate as a common CONTINENTAL BUS SYSTEM, INC.,

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 NOTICES 12881 the transportation of general commodi­ way 231 to Ozark, thence over Alabama INC., Post Office Box 222, Kendallville, ties (except tile, brick, roofing,.fertilizer, Highway 85 to Camp Rucker, and return IN 46755, and for acquisition by GLEN D. dry goods, petroleum products, house­ over the same routes, serving no inter­ FRISKNEY, RAY L. FRISKNEY, LOIS hold goods, office furniture, tombstones mediate points; (2) General commodi­ M. FRISKNEY, AND MYRTLE FRISK­ and monuments) between points in Rus­ ties (except commodities in bulk), over NEY all of Kendallville, Ind. 46755, of sell and Lee Counties, Ala., and Mus­ regular routes, between Montgomery and control through purchase of capital cogee, Chattahoochie, and Harris Coun­ Opp, Ala., over U.S. Highway 331, serving stock of HUDSON TRUCKING CO., ties, Ga.; that petitioner is fit, willing, no intermediate points; and (3) General INC., and for acquisition by FRISKNEY and able properly to perform such serv­ commodities, over irregular routes, be­ AND HARDING TRUCKING, INC. Ap­ ice and to conform to the requirements tween Birmingham, Ala., and points plicants’ attorney: Donald W. Smith, 900 of the Interstate Commerce Act and the within 15 miles thereof, on the one hand, Circle Tower, Indianapolis,. Ind. 46204. Commission’s rules and regulations and, on the other, Andalusia, Athens, Operating rights sought to be controlled: thereunder; and that an appropriate Auburn, Brundidge, Citronelle, Clayton, Cheese, dairy products, and machinery, amended certificate should be issued lim­ Cullman, Decatur, Demopolis, Dothan, materials, and supplies incidental to, or ited, to the extent it authorizes the Elba, Enterprise, Eufaula, Eutaw, Fair- used in, thé operation and maintenance transportation of classes A and B ex­ hope, Fayette, Flomaton, Florala, Foley, of cheese factories, as a contract carrier, plosives to a period expiring 5 years Greensboro, Haleyville, Hartselle, Head­ over regular routes, between Kendall­ from its effective date. Because it is pos­ land, Huntsville, Jasper, Linden, Luveme, ville, Ind., and Chicago, 111., serving no sible that other parties who have relied Monroeville, Opp, Ozark, Robertsdale, intermediate points; confectionery and upon the notice in the F ederal R egis­ Russellville, Samson, Stevenson, Troy, machinery, materials and supplies in­ ter of the application as originally pub­ Tuscaloosa, Union Springs, and Union- cidental to or used in the manufacture lished may have an interest in and would town, Ala. N o t e : Applicant states it in­ and sale of confectionery, between Ken­ be prejudiced by the lack of proper no­ tends to tack with existing authority dallville, Ind., and Chicago, 111., serving tice of the grant of authority without wherever feasible in order to provide a no intermediate points; foodstuffs (ex­ the requested limitation in our findings through service to points in Alabama, cept in bulk), over irregular routes, from herein, a notice of the authority actually Georgia, Florida, and Louisiana. Appli­ Kendallville, Ind., to Louisville, Ky., Cin­ granted will be published in the F ed­ cant further states that the authority cinnati and Cleveland, Ohio, Detroit and eral R egister and issuance of the certifi­ sought herein corresponds to the author­ Grand Rapids, Mich., and Champaign, cate in this proceeding will be withheld ity set forth in certificates of registration 111., from Champaign, HI., to points in for a period of 30 days from the date of applicant is purchasing from Samuel that part of Indiana on and north of such publication, during which period Kaufman, Trustee in Bankruptcy for U.S. Highway 40, with restriction. any proper party in interest may file an A-OK Motor Lines, Inc., in a directly FRISKNEY AND HARDING TRUCK­ appropriate petition for leave to inter­ related finance proceeding pending be­ ING, INC., is authorized to operate as a vene in the proceeding setting forth in fore the Commission in MC-F-11134, contract carrier in Michigan, Missis­ detail the precise manner in which it has published in the F ederal R egister issue sippi, New York, New Jersey, Tennessee, been prejudiced. of April 14, 1971. Common control may Wisconsin, Pennsylvania, Virginia, Mary­ be involved. If a hearing is deemed nec­ No. MC 126403 (Sub-No. 1 (Correc­ land, Massachusetts, and Ohio. Applica­ essary, applicant requests it be held in tion has not been filed for temporary tion) (Notice of Filing of Petition for Montgomery, Ala. Declaratory Order for Modification of authority under section 210a(b). Permit), filed April 19, 1971, published No. MC 61007 (Sub-No. 7), filed No. MC-F-11216. Authority sought Federal R egister, issue of May 26, 1971, June 16, 1971. Applicant: PACELLI for purchase by RUAN TRANSPORT and republished as corrected this issue. BROS. TRANSPORTATION, INC., 119 CORPORATION, Keosauqua Way at Petitioner: PHILADELPHIA MER­ Trowel Street, Bridgeport, CT 06606. Third, Des Moines, Iowa 50309, of a por­ CHANTS DELIVERY SERVICE, INC., Applicant’s representative: John E. Fay, tion of the operating rights of ECOFF Southwest Corner Swanson and Mifflin 342 North Main Street, West Hartford, TRUCKING, INC., 625 East Broadway, Streets, Philadelphia, PA 19148. Peti­ CT 06117. Authority sought to operate as Fortville, IN 46040, and for acquisition tioner’s representative: Robert D. Stair, a common carrier, by motor vehicle, over by JOHN RUAN also of Des Moines, Sr., 2122 Meeting House Road, Cinna- irregular routes, transporting: General Iowa 50309, of control of such rights minson, NJ 08007. N o t e : The purpose commodities, between points in Con­ through the purchase. Applicants’ attor­ of this correction is to show petitioners necticut. N o t e : The instant application ney, Earl D. Check, Post Office Box 855, correct name, as shown above. The name is a matter directly related to No. MC-F Des Moines, IA 50304. Operating rights was inadvertently shown as Merchants 11210 published in the F ederal R egister sought to be transferred: Sulfuric acid, Delivery Service, Inc. The rest of the issue of June 23, 1971. Applicant states in bulk, in tank vehicles, as a common notice remains as previously published. that it intends to tack the requested au­ carrier, over irregular routes, from the thority with its existing authority at APPLICATIONS FOR CERTIFICATES OR PERMITS site of the plant of the National Distil­ Bridgeport, Conn. If a hearing is deemed lers Products Corp., U.S. Industrial WHICH ARE TO BE PROCESSED CONCUR­ necessary, applicant requests it be held RENTLY WITH APPLICATIONS UNDER SEC­ Chemicals Co. Division, near Dubuque, at Hartford, Conn., New York, N.Y., or Iowa, to points in Minnesota and Wis­ TION 5 GOVERNED BY SPECIAL RULE 240 Washington, D.C. TO THE EXTENT APPLICABLE consin. Vendee is authorized to operate A pplications U nder S e ctio ns 5 and as a common carrier in all of the States No. MC 55889 (Sub-No. 39), filed 210a (b) in the United States except Alaska and June 18, 1971. Applicant: COOPER Hawaii. Application has not been filed TRANSFER CO., INC., Post Office Box The following applications are gov­ for temporary authority under section 496, Brewton, AL 36426. Applicant’s rep­ erned by the Interstate Commerce Com­ 210a(b). resentative: A. Alvis Layne, 915 Pennsyl­ mission’s special rules governing notice vania Building, Washington, D.C. 20004. of filing of applications by motor carriers No. MC-F-11217. Authority sought for Authority sought to operate as a com­ of property or passengers under sections purchase by LARSEN TRANSFER CO., mon carrier, by motor vehicle, over reg­ 5(a) and 210a(b) of the Interstate Com­ Post Office Box 368, Pendleton, OR 97801, ular and irregular routes, transporting: merce Act and certain other proceedings of a portion of the operating rights and (1) Explosives, over regular routes, be­ with respect thereto. (49 CFR 1.240). property of RICHLAND TRANSFER tween the U.S. Ordnance Depot located AND STORAGE, INC., 11 East Kenne­ at or near Bynum, Ala., and Camp MOTOR CARRIERS OF PROPERTY wick Avenue, Kennewick, WA 99336, and Rucker, Ala., from Bynum over U.S. No. MC-F-11215. Authority sought for for acquisition by EVAN L. LARSEN, Highway 78 to Anniston and Oxford, control by FRISKNEY AND HARDING 102 Southeast Frazer, Penleton, OR thence to the junction of Alabama High­ TRUCKING, INC., Post Office Box 3, 97801, of control of such rights and way 37 to Opelika, thence over U.S. High­ Kendallville, IN 46755, of the operating property through the purchase. Appli­ way 29 to Banks, thence over U.S. High­ rights of HUDSON TRUCKING CO., cants’ attorneys: Earle V. White, 2400

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 No. 131------8 12882 NOTICES

Southwest Fourth Avenue, Portland, OR LIAMS, TRUSTEE IN BANKRUPTCY), Hampshire, North Carolina, Ohio, Rhode I o 97201, and Ben D. Browning, 1020 Kearns all of 3908 Hamilton Road, Columbus, Island, Vermont, Virginia, and the Dis- I s Building, Salt Lake City, UT 84101. GA, and for acquisition by S. DAVID trict of Columbia. Application has been I s Operating rights sought to be trans­ GOLDBERG, 53 Sergeant Road, Free­ filed for temporary authority under sec- I b ferred: Household goods as defined by hold, NJ and JAY L. GOLDBERG, 29 tion 210a(b). I g the Commission, as a common carrier, Livingston Avenue, Ediston, NJ, of con­ No. MC-F—11220. Authority sought for over regular routes, between Kennewick trol of such rights through the purchase. purchase by COLONIAL REFRIG- I 1 and Richard, Wash., between Richland Applicants’ attorney: Robert J. Gal­ ERATED TRANSPORTATION, INC., and Hanford, Wash.; household goods, lagher, 1776 Broadway, New York, NY 1215 Bankhead Highway West, Post I a over irregular routes, between Kennewick 10019. Operating rights sought to be Office Box 10327, Birmingham, AL 35201, ■ J and Pasco, Wash., on the one hand, and transferred: (1) Household goods, as de­ of a portion of the operating rights of on the other, points in that part of Idaho fined by the Commission, as a common HENNIS FREIGHT LINES, INC. (E. C. north of the southern boundary of Idaho carrier, over irregular routes, between PETERSON, Trustee in Bankruptcy), County, and those in Oregon on and points in Ohio, on the one hand, and, on 3800 Patterson Avenue Extension, Post north of a line beginning at the Idaho- the other, points in Alabama, Connec­ Office Box 612, Winston-Salem, NC Oregon State line at Nyssa, Oreg., and ticut, Delaware, Georgia, Illinois, Indi­ 27102, and for acquisition by C. E. Mc- extending in a westerly direction through ana, Iowa, Kentucky, Maine, Maryland, BR3DE, also of Birmingham, Ala. 35201, Bend, Eugene, and Florence, Oreg., to Massachusetts, Michigan, Missouri, New of control of such rights through the the Pacific Ocean. Vendee is authorized Jersey, New York, North Carolina, Penn­ purchase. Applicants’ attorney: E. Ste­ to operate as a common carrier in Ore­ sylvania, Rhode Island, South Carolina, phen Heisely, Suite 705, 666 11th Street gon, Washington, and Idaho. Application Tennessee, Vermont, Virginia, West Vir­ NW., Washington, DC 20001. Operating has been filed for temporary authority ginia, Wisconsin, and the District of Co­ rights sought to be transferred: (a) under section 210a(b). lumbia, between Dayton, Ohio, and Food products (except commodities in points within 25 miles thereof, on the No. MC-F-11218. Authority sought for bulk, in tank vehicles, and frozen fruits, one hand, and, on the other, points in frozen berries, and frozen vegetables); purchase by HOME TRANSPORTA­ Minnesota, Nebraska, Wisconsin, Mis­ TION COMPANY, INC., 1425 Franklin and (b) commodities otherwise exempt souri, Arkansas, Illinois, Indiana, Ken­ under section 203(b) (6) of the Act when Road, SE., Marietta, GA 30060, of a tucky, North Carolina, West Virginia, portion of the operating rights of MA­ moving in mixed loads with the described Maryland, New Jersey, New York, Penn­ commodities in (a) above, in vehicles CHINERY TRANSPORTS, INC., 617 sylvania, Rhode Island, and the District Chicago Street, East Peoria, IL 61611, equipped with mechanical refrigeration, of Columbia. as a common carrier, over irregular and for acquisition by JIMMIE H. (2) Household goods as defined by the AYER, also of Marietta, Ga. 30060, of routes, from the plant and warehouse Commission, as a common carrier, over sites of Ralston Purina Co. at Wellston, control of such rights through the pur­ irregular routes, between Columbus, Ga., chase. Applicants’ attorneys: Robert E. Ohio, to points in Alabama, Florida, and points within 50 miles of Columbus, Georgia, Mississippi, North Carolina, ■ Bom, Post Office Box 6426, Station A, on the one hand, and, on the other, Marietta, GA 30060 and Max G. Morgan, South Carolina, and Tennessee, with re- ■ points in that part of Alabama on and striction; meats, meat products, and 450 American National Building, Okla­ south of U.S. Highway 78, between Co­ homa City, OK 73102. Operating rights meat byproducts, and articles distributed lumbus, Ga., and points within 50 miles by meat packinghouses, as described in sought to be transferred: Commodities, of Columbus, on the one hand, and, on the transportation of which because of sections A and C of appendix I to the re­ the other, points in Mississippi, points port in. Descriptions in Motor Carrier size or weight requires the use of spe­ in Alabama north of U.S. Highway 78, cial equipment, and of related articles Certificates, 61 M.C.C. 209 and 766, ex­ and points in Florida west of the Apala­ cept hides and commodities in bulk, from and supplies when their transportation chicola River; new, uncrated, store is incidental to the transportation of equipment and fixtures, from Columbus, the plantsite and storage facilities uti­ commodities which by reason of size or lized by Wilson & Co., Inc., at or near Ga., and Phenix City, Ala., to points in Logansport, Ind., to points in Alabama, ■ weight require special equipment, as a Alabama, Florida, Georgia, Mississippi, common carrier, over irregular routes, Florida, Georgia, North Carolina, South North Carolina, South Carolina, and Carolina, and Virginia; frozen foods, between points in Illinois, on the one Tennessee; damaged or rejected ship­ hand, and, on the other points in Wy­ and fresh fruits and fresh vegetables, ments of the immediately above- between Atlanta, Ga., on the one hand, oming, from points in Missouri and described commodities, from points in Oklahoma to points in Arkansas, Colo­ and, on the other, Chattanooga, Tenn., Tennessee, South Carolina, North Caro­ and points in that part of Alabama, on rado, Kansas, and New Mexico, between lina, Mississippi, Georgia, Florida, and points in Missouri, Oklahoma, and and east of U.S. Highway 31, except Alabama, to Phenix City, Ala., and Co­ Montgomery and those in Florida, North ■ Texas. Vendee is authorized to operate lumbus, Ga.; new furniture, uncrated, as a common carrier in Georgia, South Carolina, and South Carolina. Vendee is ■ and store and office fixtures, as described authorized to operate as a common car­ Carolina, Illinois, Indiana, Iowa, Kansas, in Appendices n and III to the report in Michigan, New Jersey, New York, Ohio, rier in all of the States in the United Descriptions in Motor Carrier Certifi­ States (except Alaska and Hawaii). Ap­ Oklahoma, Pennsylvania, Wisconsin, cates, 61 M.C.C. 209, from Phenix City, Tennessee, Minnesota, Missouri, North plication has been filed for temporary Ala., to points in Louisiana, Texas, Ok­ authority under section 210a(b). Carolina, Alabama, Mississippi, Flori­ lahoma, Arkansas, Kentucky, Missouri, da, Connecticut, Massachusetts, New Indiana, Kansas, Virginia, West Vir­ By the Commission. Hampshire, Vermont, West Virginia, Ne­ ginia, Illinois, Maryland, and the District braska, South Dakota, North Dakota, [seal] R obert L. O swald, of Columbia; used household goods, be­ Secretary. I Rhode Island, Texas, Virginia, Arkansas, tween points in 50 counties in Alabama, Delaware, Kentucky, Louisiana, Maine, 45 counties in Georgia and 6 counties in [FR Doc.71-9643 Filed 7-7-71;8:51 am] Maryland, and the District of Columbia. Florida with restriction; and (3) Used Application has been filed for temporary household goods, as defined by the Com­ authority under section 210a(b). mission, as a common carrier, over irreg­ NOTICE OF FILING OF MOTOR No. MC-F-11219. Authority sought for ular routes, between points in 49 coun­ CARRIER INTRASTATE APPLICATIONS purchase by MARSH MOTOR HAUL­ ties in Alabama, 45 counties in Georgia AGE, INC., 105 Marsh Street, Port New­ and 4 counties in Florida with restric­ Ju l y 2, 1971. ark, NJ 07114, of the operating rights tion. Vendee is authorized to operate The following applications for motor of (1) ACTION VAN SERVICE, INC., as a common carrier in New York, Con­ common carrier authority to operate in (2) YOUNGBLOOD VAN & STORAGE necticut, New Jersey, Pennsylvania, Del­ intrastate commerce seek concurrent CO., INC., and (3) MARTIN VAN & aware, Illinois, Indiana, Maine, Mary­ motor carrier authorization in interstate STORAGE CO., INC. (ALEX WIL­ land, Massachusetts, Michigan, New or foreign commerce within the limits

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 NOTICES 12883 of the intrastate authority sought, pur­ under section 210a(a) of the Interstate ing: Hog mucosa, in bulk, in tank ve­ suant to section 206(a) (6) of .the Inter­ Commerce Act provided for under the hicles, from Harlan, Iowa, to North Chi- state Commerce Act, as amended Octo­ rules of Ex Parte No. MC-67 (49 CFR ckgo, 111., for 150 days. Supporting ber 15, 1962. These applications are Part 1131), published in the F ederal shipper: L. D. Hinkley, Corporate Traffic governed by Special Rule 1.245 of the R egister, issue of April 27, 1965, effec­ Manager, Abbott Laboratories, North Commission’s rules of practice, published tive July 1, 1965. These rules provide Chicago, 111. Send protests to: Robert G. in the F ederal R egister, issue of April that protests to the granting of an ap­ Anderson, District Supervisor, Interstate 11, 1963, page 3533, which provides, plication must be filed with the field Commerce Commission, Bureau of Op­ among other things, that protests and official named in the F ederal R egister erations, Everett McKinley Dirksen requests for information concerning the publication, within 15 calendar days Building, 219 South Dearborn Street, time and place of State Commission after the date of notice of the filing of Room 1086, Chicago, IL 60604. hearings or other proceedings, any sub­ the application is published in the F ed­ No. MC 113459 (Sub-No. 66 TA), filed sequent changes therein, any other re­ eral R egister. One copy of such pro­ lated matters shall be directed to the June 25, 1971. Applicant: H. J. JEF­ tests must be served on the applicant, FRIES TRUCK LINE, INC., Post Office State Commission with which the appli­ or its authorized representative, if any, cation is filed and shall not be addressed Box 94850, Oklahoma City, OK 73109. and the protests must certify that such Office: 4720 South Shields Boulevard, to or filed with the Interstate Commerce service has been made. The protests Commission. Oklahoma City, OK 73129. Applicant’s must be specific as to the service which representative: James W. Hightower, 136 State Docket No. MC 21555 (Sub-No. such protestant can and will offer, and Wynnewood Professional Building, Dal­ 3), filed June 9, 1971. Applicant: Mc- must consist of a signed original and six las, Tex. 75224. Authority sought to op­ COMAS TRUCK LINES, INC., 107 North copies. erate as a common carrier, by motor ve­ Eighth Street, Chickasha, OK. Appli­ A copy of the application is on file, and hicle, over irregular routes, transporting: cant’s representative: William L. Ander­ can be examined at the Office of the Sec­ Lumber, structural beams, and panels, son, 4700 North Thompson, Oklahoma retary, Interstate Commerce Commis­ from Bonner, Darby, Missoula, Trout City, OK 73105. Certificate of public con­ sion, Washington, D.C., and also in field Creek, Thompson Falls, Columbia Falls, venience and necessity sought to operate office to which protests are to be trans­ Poison, Pablo, Kallispell, Hall, Dillon, and a freight service as follows: Transporta­ mitted. Superior, Mont., to points in Colorado, tion of general commodities as a com­ for 180 days. Supporting shippers: M otor Carriers of P roperty mon carrier in interstate and intrastate Charles Klebenow, Traffic Supervisor, commerce, tacking with presently held No. MC 1641 (Sub-No. 91 TA), filed Anaconda Forest Products, Bonner, authority, as follows: From Duncan, June 25, 1971. Applicant: PEAKE Mont. 59823; Don Prentice, President, Okla., via State Highway 7 to junction TRANSPORT SERVICE, INC., Box 366, Prentice Lumber Co., Inc., Missoula State Highway 76; thence south to junc­ Chester, NE 68327. Applicant's repre­ Mont. 59801; Michael J. Sullivan, As­ tion U.S. Highway 70; from Waurika, sentative: R. B. Parker (same address as sistant Sales Manager, The Intermoun­ Okla., via U.S. Highway 70 to Ardmore, above). Authority sought to operate as a tain Co., Missoula, Mont. 59801. Send Okla.; from Duncan via U.S. Highway common carrier, by motor vehicle, over protests to: C. L. Phillips, District Super­ 81 to junction State Highway 7 and irregular routes, transporting: Asphalt, visor, Interstate Commerce Commission, thence to Lawton, Okla.; from Oklahoma road oil, and residual fuel oil, in bulk, in Bureau of Operations, Room 240, Old City to Lawton via H. E. Bailey Turn­ tank vehicles, from Tulsa, Okla., to points Post Office Building, 215 Northwest pike; serving,in both directions on all in Nebraska on and east of U.S. Highway Third. Oklahoma City, OK 73102. routes described, serving all points and 183, for 180 days. Supporting shipper: places on the above-described routes, and R. V. McElhany, President, Saunders No. MC 114019 (Sub-No. 217 TA), filed to all points and places on presently held Petroleum Co., Post Office Box 129, June 25, 1971. Applicant: MIDWEST EMERY FREIGHT SYSTEM, INC., 7000 authority, and all off-route points and Greeley, CO 80631. Send protests to: Max H. Johnston, District Supervisor, Pulaski Road, Chicago, IL 60629. Appli­ customers along the routes or near the cant’s representative: Philip N. Bratta places named, where the same are within Interstate Commerce Commission, Bu­ the reasonable delivery limits for said reau of Operations, 320 Federal Building (same address as above). Authority and U.S. Courthouse, Lincoln, NE 68508. sought to operate as a common carrier, authorized places and routes and/or can by motor vehicle, over irregular routes, be normally served without going No. MC 111401 .(Sub-No. 339 T£) , filed transporting: Liquid sugar, liquid invert through any town to which the carrier June 25, 1971. Applicant: GROENDYKE sugar syrups and blends thereof, in bulk, does not have authority. Both interstate TRANSPORT, INC., 2510 Rock Island in tank vehicles, from Chicago, 111., to and intrastate authority sought. Boulevard, Post Office Box 632, Enid, OK points in the Lower Peninsula of Michi­ HEARING: August 2,1971 at 9 a.m. at 73701. Applicant’s representative: Vic­ gan, for 150 days. Supporting shipper: Oklahoma Corporation Commission, 340 tor R. Comstock (same address as above). Mr. Walter C. Brink, District Traffic Jim Thorpe Building, Oklahoma City, Authority sought to operate as a common Manager, Amstar Corp., 460 South Okla. Requested for procedural informa­ carrier, by motor vehicle, over irregular Northwest Highway, Park Ridge, IL tion including the time for filing pro­ routes, transporting: Printing ink, in 60068. Send protests to: Robert G. tests concerning this application should bulk, in tank vehicles, from Tulsa, Okla., Anderson, District Supervisor, Interstate be addressed to the Oklahoma Corpora­ to Oil City, Pa.; Youngstown, Ohio; Blue- Commerce Commission, Bureau of Oper­ tion Commission, 340 Jim Thorpe Build­ field and Beckley, W. Va.; for 180 days. ations, Everrett McKinley Dirksen Build­ ing, Oklahoma City, Okla., and should Supporting shipper: J. Bolzak, Director ing, 219 South Dearborn Street, Room not be directed to the Interstate Com­ of TrafficrSun Chemical Corp., 631 Cen­ 1086, Chicago, IL 60604. merce Commission. tral Avenue, Carlstadt, NJ 07072. Send No. MC 116077 (Sub-No. 313 TA), filed By the Commission. protests to: C. L. Phillips, District Super­ visor, Interstate Commerce Commission, June 25, 1971. Applicant: ROBERTSON [seal] R obert L. O sw a ld , Bureau of Operations, Room 240, Old TANK LINES, INC., 5700 Polk Avenue, Secretary. Post Office Building, 215 Northwest Post Office Box 1505, 77001, Houston, TX [PR Doc.71-9642 Filed 7-7-71;8:51 am] Third, Oklahoma City, OK 73102. 770213. Applicant’s representative: J. C. Browder (same address as above). Au­ No. MC 112801 (Sub-No. 125 TA), filed thority sought to operate as a common [Notice 325] June 25, 1971. Applicant: TRANSPORT carrier, by motor vehicle, over irregular SERVICE CO., Post Office Box 50272, routes, transporting: Liquid caustic soda, MOTOR CARRIER TEMPORARY 5100 West 41st Street, Chicago, IL 60650. in bulk, in tank vehicles, from the plant- AUTHORITY APPLICATIONS Applicant’s representative: Albert A. site of Kaiser Chemical Corp., Gramercy, Andrin, 29 South La Salle Street, Chi­ La., to the plantsites of the Clorox Co. J u ly 2, 1971. cago, IL 60603. Authority sought to located at Atlanta, Ga., Tampa, Fla., and The following are notices of filing of operate as a common carrier, by motor Houston, Tex., for 180 days. Supporting applications for temporary authority vehicle, over irregular routes, transport­ shipper: Kaiser Chemicals, Division of

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12884 NOTICES

Kaiser Aluminum & Chemical Corp. representative: Stanley Komosa (same Federal Building and U.S. Courthouse, (R. L. Weber, Traffic Manager), Kaiser address as above). Authority sought to Boise, Idaho 83702. Center, 300 Lakeside Drive, Post Office operate as a contract carrier, by motor No. MC 134780 (Sub-No. 1 TA), filed Box 2099, Oakland, CA 94604. Send pro­ vehicle, over irregular routes, transport­ June 25, 1971. Applicant: UNITED tests to: District Supervisor John C. ing: Commercial papers, documents, and TRUCK SERVICE, INC., Post Office Box Redus, Bureau of Operations, Interstate written instruments (except coins, cur­ 1276, Seminole, OK 74868. Applicant’s Commerce Commission, Post Office Box rency, and negotiable securities) as are representative: Francis J. Tolbert (same 61212, Houston, TX 77061. used in the conduct and operation of address as above). Authority sought to No. MC 116273 (Sub-No. 143 TA), filed banks and banking institutions, between operate as a common carrier, by motor June 25,1971. Applicant: D & L TRANS­ Wichita, Kans., on the one hand, and, vehicle, over irregular routes, transport­ PORT, INC., 3800 South Laramie Avenue, on the other, points in Kay, Woodward, ing: Clay pipe, including connections, Cicero, IL 60650. Applicant’s representa­ Tulsa, Alfalfa, Woods Ellis, and Grant fittings and accessories thereof, from the tive: William A. La very (same address Counties, Okla., for 180 days. Supporting plantsite of United Clay Pipe Co., at or as above). Authority sought to operate shippers: R. D. Duphorne, Vice Presi­ near Seminole, Okla., to points in Loui­ as a common carrier, by motor vehicle, dent, First National Bank in Wichita, siana, for 180 days. Supporting shipper: over irregular routes, transporting: Douglas and Maip, Wichita, KS; Mr. Evan Cherry Controller, United Clay Pipe Ethylene (liquefied) in bulk, in shipper- Donald L. Ambrose, Vice President, The Co., Post Office Box 552, Seminole, OK owned tank vehicles, from Bay City, Fourth National Bank & Trust Co., 200 74868. Send protests to: C. L. Phillips, Mich., to Northern Petrochemical Co., East Douglas, Wichita, KS; Mr. Claud District Supervisor, Interstate Commerce Grundy County, 111., for 180 days. Sup­ O. Smith, President, The First National Commission, Bureau of Operations, Room porting shipper: Northern Petrochemical Bank of Medford, Post Office Box 107, 240, Old Post Office Building, 215 North­ Co., 2350 East Devon Avenue, Des Plaines, Medford, OK. Send protests to: Robert G. west Third, Oklahoma City, OK 73102. IL 60018. Send protests to: District Su­ Anderson, District Supervisor, Interstate pervisor Raymond E. Mauk, Interstate Commerce Commission, Bureau of Oper­ No. MC 135621 (Sub-No. 1 TA), filed Commerce Commission, Bureau of Oper­ ations, Everett McKinley Dirksen Build­ June 23, 1971. Applicant: MOLERWAY ations, Everett McKinley Dirksen Build­ ing, 219 South Dearborn Street, Room FREIGHT LINES, 1931 Broadwater Ave­ ing, Room 1086, 219 South Dearborn 1086, Chicago, IL 60604. nue, Billings, MT 59102. Applicant’s rep­ resentative: Donald R. Hemson, Post Street, Chicago, IL 60604. No. MC 129572 (Sub-No. 2 TA), filed Office Box 20779, Billings, MT 59102. Au­ No. MC 117574 (Sub-No. 205 TA), filed June 25, 1971. Applicant: ANDICO, INC., thority sought to operate as a common June 25, 1971. Applicant: DAILY EX­ 3367 South 8400 West Street, Magna, carrier, by motor vehicle, over regular PRESS, INC., Post Office Box 39, 1076 UT 84044. Applicant’s representative: routes, transporting: General commodi­ Harrisburg Pike, Carlisle, PA 17013. Ap­ Irene Warr, 419 Judge Building, Salt ties (excluding household goods and plicant’s representative: E. S. Moore, Jr. Lake City, Utah 84111. Authority sought articles of unusual value or requiring spe­ (same address as above). Authority to operate as a contract carrier, by motor cial equipment), from Billings, Mont., to sought to operate as a common carrier, vehicle, over irregular routes, transport­ Roundup, Mont., to Forsyth, Mont., over by motor vehicle, over irregular routes, ing: Steel tube, coiled steel, and mate­ U.S. Highways 87 and 12, serving all in­ transporting: (1) Glass, packaged or un­ rials used in the fabrication of steel tube; termediate points, excluding direct serv­ packaged, which because of size or weight (1) from Los Angeles, and Gardena, ice between Billings and Forsyth, Mont., requires special equipment, and (2) glass, Calif., to points in Washington and for 180 days. N o t e : Applicant intends to packaged or unpackaged, which because Oregon; (2) from Geneva, Utah, to Los interline with Garrett Freight Lines, MC of size or weight does not require the Angeles, and Gardena, Calif., under a 263; Salt Creek MC 59856; Northern Pa­ use of special equipment, when moving continuing contract with Harris Tube cific Transport, MC 63562; United Buck­ in the same shipment as the article in Division, Automation Industries, Inc., for ingham, MC 103435; Consolidated paragraph (1) between Cumberland, Md., 180 days. Supporting shipper: Harris Freight Lines, MC 42487; Arrowhead, MC on the one hand, and, on the other, points Tube Division, Automation Industries, 116698; Ashland and Harlo Freight Lines, in the United States (except Alaska and Inc., 8720 South San Pedro Street, Los MC 12049. Supporting shippers: Guiber- Hawaii), for 180 days. Supporting ship­ Angeles, CA 90003 (Elmer C. Goodman, son Oil Tools, Post Office Box 865, per: PPG Industries, Inc., 1 Gateway General Manager). Send protests to: Roundup, MT 59074; Big Chief Well Center, Pittsburgh, PA 15222. Send pro­ John T. Vaughan, District Supervisor, Service, Inc., Post Office Box 185, Mel- tests to: Robert W. Ritenour, District Interstate Commerce Commission, Bu­ stone, MT 59054; Roundup Auto Parts, Supervisor, Bureau of Operations, Inter­ reau of Operations, 5239 Federal Build­ 320 Main, Roundup, MT 59074; Jake’s state Commerce Commission, 508 Fed­ ing, Salt Lake City, Utah 84111. Garage, Melstone, MT 59054; Melstone eral Building, Post Office Box 869, Har­ Public Schools, District 64—J, Melstone, risburg, PA 17108. No. MC 134484 (Sub-No. 2 TA), filed MT 59054. Send protests to: Paul J. June 25, 1971. Applicant: MORGAN G. Labane, District Supervisor, Interstate No. MC 124078 (Sub-No. 489 TA), filed EDWARDS AND DAVID G. EDWARDS, June 25,1971. Applicant: SCHWERMAN Commerce Commission, Bureau of Oper­ a partnership, doing business as ED­ ations, Room 251, U.S. Post Office Build­ TRUCKING CO., 611 South 28th Street, WARDS BROS., Post Office Box 2481, Milwaukee, WI 53215. Applicant’s rep­ 1875 North Holmes, Idaho Falls, ID ing, Billings, MT 59101. resentative: Richard H. Prevette (same 83401. Applicant’s representative: Dennis No. MC 135642 (Sub-No. 1 TA), filed address as above). Authority sought to M. Olsen, 485 E Street, Idaho Falls, ID June 24,1971. Applicant: SHREVEPORT operate as a common carrier, by motor 83401. Authority sought to operate as a PACKING COMPANY, INC., OF KAN­ vehicle, over irregular routes, transport­ common carrier, by motor vehicle, over SAS, 1801 Kings Highway, Shreveport, ing: Sand, from Vassar, Mich., to Mil­ irregular routes, transporting: Fresh and LA 71103. Applicant’s representatives: waukee, Wis., for 180 days. Supporting frozen meat and fresh and frozen meat Rock and Smith, 403 A.C. Office Building, shipper: Great Lakes Foundry Sand Co., products, from points in Canyon County, Arkansas City, Kans. 67005. Authority Francis Palms Building, Detroit, Mich. Idaho, to points in Adams, Arapahoe, sought to operate as a contract carrier, 48201 (Frank J. Komara, Traffic Man­ Jefferson, Denver, Boulder, Douglas, El by motor vehicle, over irregular routes, ager). Send protests to: District Super­ Paso, Pueblo, Weld, and Clear Creek transporting: Meats, meat products, visor Lyle D. Heifer, Interstate Com­ Counties, Colo., for 180 days. N o t e : Ap­ meat byproducts, dairy products and ar­ merce Commission, Bureau of Opera­ plicant states it does not intend to tack ticles distributed by meat packinghouses, tions, 135 West Wells Street, Room 807, or interline authority herein sought. as described in sections A, B, and C of Milwaukee, WI 53203. ' Supporting shipper: Idaho Meat Packers, appendix 1 of the Report in Descriptions No. MC 128616 (Sub-No. 3 TA), filed Inc., Post Office Box 550, Caldwell, ID in Motor Carrier Certificates, 61 M.C.C. June 25, 1971. Applicant: BANKERS 83605. Send protests to: C. W. Campbell, 209 and 766, in refrigerated vehicles, DISPATCH CORPORATION, 4970 Arch­ District Supervisor, Interstate Commerce from Shreveport, La., to points in Lou­ er Avenue, Chicago, IL 60632. Applicant’s Commission, Bureau of Operations, 455 isiana; to points in Texas, on and east

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 NOTICES 12885 of Highway 75; and to points in Arkan­ ponents therefor, lead pellets, and re­ eration of the following numbered pro­ sas on and south of Highways 270 and 65, loading tools, from Grand Island and ceedings within 30 days from the date of under contract with John Morrell & Co. Lincoln, Nebr., to Bridgeport and New service of the order. Pursuant to section for 180 days. Supporting shipper: John Haven, Conn., Lewiston, Idaho, Alton, 17(8) of the Interstate Commerce Act, Morrell & Co., 208 South La Salle Street, East Alton, and Granite City, HI., Ham­ the filing of such a petition will postpone Chicago, IL 60604, R. L. Lee, Manager of mond, Ind., Shawnee Mission, Kans.; the effective date of the order in that pro­ Rates and Services. Send protests to: Minneapolis and St. Paul, Minn., Kansas ceeding pending its disposition. The mat­ Paul D. Collins, District Supervisor, In­ City and St. Louis, Mo., New York, N.Y., ters relied upon by petitioners must be terstate Commerce Commission, Bureau commercial zone; Ada, Okla., and El specified in their petitions with of Operations, Room T-4009, Federal Paso, Tex., and (2) equipment, materials, particularity. Building, 701 Loyola Avenue, New Or­ and supplies utilized in the manufacture, No. MC-FC-72500. By order of June 30, leans, LA 70113. sale, and distribution of commodities 1971, the Motor Carrier Board approved specified in (1) above in the reverse di­ No. MC 135709 TA, filed June 23, 1971. the transfer to Cape Cod Moving & Stor­ rection, for 150 days. Supporting age, Inc., Hyannis, Mass., of the operating Applicant: JAMES E. TWITTY, doing shippers: Pacific Tool Co., 56th and Col­ rights in certificate No. MC-11714 issued business as TWITTY TRUCKING COM­ fax, Lincoln, NE 68507; Western Gun & May 4,1964 to Tuttle’s Cape Cod Express, PANY, Route 8, Box 7-C, Texarkana, AR Supply Co., 3730 North 56th Street, Lin­ Inc., Chatham, Mass., authorizing the 75501. Applicant’s representative: Travis coln, NE 68507; 3-D Co., Inc., 6020 Col­ transportation of household goods as de­ Mathis, 316 South Sixth Street, Arka- fax, Lincoln, NE 68507; Hornaday Manu­ fined by the Commission, between Chat­ delphia, AR 71923. Authority sought to facturing Co., Post Office Box 1848, Grand ham, Mass., and points within 25 miles operate as a common carrier, by motor Island, NE; Frontier Cartridge Co., Inc., thereof, on the one hand, and, on the vehicle, over irregular routes, transport­ Post Office Box 1848, Grand Island, NE other, points in Connecticut, New York, ing: Rock, sand, gravel, and associated 68801. Send protests to: Max H. and Rhode Island, and lumber and forest commodities (a) from Fouke, Ark., to Johnston, District Supervisor, Interstate products from Portsmouth, R.I., to Chat­ Shreveport, La., and (b) from Pits and Commerce Commission, Bureau of Oper­ ham, Orleans, and Wellfleet, Mass. Fran­ Quarries in Texas to Texarkana, Ark., ations, 320 Federal Building and cis P. Barrett, 60 Adams Street, Milton, Return: (1) U.S. Highway 71 going and Courthouse, Lincoln, NE 68508. MA 02187, attorney for applicants. return Fouke, Ark., to Shreveport, La., (2) Interstate 30, U.S. 67, U.S 82, U.S. 59; No. MC 135723 TA, filed June 25, 1971. No. MC-FC-72946. By order of June Texas to Texarkana, Ark, for 180 days. Applicant: CHARLES SEVERANCE, do­ 30, 1971, the Motor Carrier Board ap­ ing business as SEVERANCE TRUCK Note: Carrier does not intend to tack. proved the transfer to Easton Bus Serv­ Supporting shippers: Roy Cook & Son, LINES, State Road 100, Post Office Box ice, Inc., Rural Route 2, Easton, KS Inc., Post Office Box 5495, Bossier City, 903, Lake City, FL 32055. Applicant’s rep­ 66020, of the operating rights in certifi­ La. 71010; Razorback Ready Mix, 2724 resentative: Sol H. Proctor, 2501 Gulf cates Nos. MC-112559 (Sub-No. 1), MC- Preston Street, Texarkana, AR 75501. Life Tower, Jacksonville, FL 32207. Au­ 112559 (Sub-No. 2), and MC-112559 Send protests to : District Supervisor thority sought to operate as a contract (Sub-No. 3) issued April 5, 1951, and E. K. Willis, Jr., Interstate Commerce carrier, by motor vehicle, over irregular January 28,1959, respectively, to Kansas Commission, Bureau of Operations, 1100 routes, transporting: (a) Meat, meat City-Leavenworth Bus Lines, Inc., 1320 Commerce Street, Room 13C12, Dallas, products, meat byproducts and packing­ Ottawa Street, Leavenworth, KS 66048, TX 75202. house products, from Madison, Fla., to authorizing the transportation of pas­ Atlanta, Ga.,^ Raleigh, N.C., Greenville, sengers and their baggage, and express No. MC 135713 TA, filed June 24, 1971. S.C., New Orleans, La., Montgomery, and newspapers in the same vehicle with Applicant: AFRO-URBAN TRANSPOR­ Ala., and Louisville,-Ky.; and (b) mate­ passengers, between Leavenworth, Kans., TATION, INC., 103 East 125th Street, rials and supplies used in the process or and Kansas City, Mo.; between Leaven­ New York, NY 10035. Applicant’s repre­ pertaining to meat, meat products, meat worth, Kans., and Fort Leavenworth, sentative: William Q. Keenan, 233 byproducts and packinghouse products, Kans.; and between junction of Kansas Broadway, New York, NY 10007. Author­ from points in Alabama, Georgia, South Highway 5 and Wyandotte County Lake ity sought to operate as a contract car­ Carolina, North Carolina, Mississippi, Road, Wyandotte County, Kans., and rier, by motor vehicle, over irregular Tennessee, Louisiana, Kentucky, Hlinois, junction Kansas Highway 5 and North routes, transporting: Water emulsion Indiana, Iowa, Missouri, Florida, and Vir­ 91st Street, Wyandotte County, Kans., wax, from premises of the Do-All Chemi­ ginia, to Madison, Fla., for 180 days. Sup­ over regular routes. cal Co. at Brooklyn, N.Y., to GSA Ware­ porting shipper: Winn-Dixie Stores, Inc., 5050 Edgewood Court, Post Office Box B, No. MC-FC-72970. By order of June 30, house facilities in Duluth and Savannah, 1971, the Motor Carrier Board approved Ga., Chicago, HI., Middle River (Balti­ Jacksonville, FL 32203. Send protests to: the transfer to Lester T. Sheely and more), Md., Hingham (Boston), Mass., District Supervisor G. H. Fauss, Jr., Bu­ Dale R. Henry, a partnership, doing Belle Meade and Metuchen, N.J., Shelby, reau of Operations, Interstate Commerce business as H & S Towing Service, Camp Ohio, and Norfolk and Franconia, Va., Comifiission, Box 35008, 400 West Bay Hill, Pa., of the operating rights in cer­ for 180 days. Supporting shippers: Do- Street, Jacksonville, FL 32202. ✓ tificate No. MC-123813 issued February All Chemical Corp., 58 Metropolitan Ave­ By the Commission. 7, 1962, to E. Ross Deimler, New Cumber­ nue, Brooklyn, NY 11211 Seymour land, Pa., authorizing the transporta­ Brandwein, Office of Research and De­ [ seal] R obert L. O swald, Secretary. tion of wrecked, damaged, disabled, and velopment of Labor, Washington, D.C. repossessed motor vehicles, by truckaway 20210. Send protests to: Stephen P. To- [FR Doc.71-9645 Filed 7-7-71:8:51 am] method, by use of wrecker equipment many, District Supervisor, Interstate only (excluding the transportation of Commerce Commission, Bureau of Oper­ vehicles for the U.S. Government), be­ ations, 26 Federal Plaza, New York, NY [Notice 712] tween points in Dauphin and Cumber­ 10007. land Counties, Pa., on the one hand, and, MOTOR CARRIER TRANSFER on the other, points in Ohio, Indiana, No. MC 135722 TA, filed June 25, 1971. PROCEEDINGS Delaware, Maryland, West Virginia, New Applicant: D. & H. CONTRACT CAR­ Ju l y 2,1971. Jersey, New York, Massachusetts, Con­ RIER, INC., 6020 Colfax, Lincoln, NE necticut, Hlinois, Rhode Island, the Dis­ 68507. Applicant’s representative: David Synopses of orders entered pursuant to section 212(b) of the Interstate Com­ trict of Columbia, Richmond, Va., and R. Parker, Post Office Box 82028, Lincoln, Chattanooga, Tenn. Christian V. Graf, NE 68501. Authority sought to operate as merce Act, and rules and regulations pre­ 407 North Front Street, Harrisburg, PA a contract carrier, by motor vehicle, over scribed thereunder (49 CFR Part 279), appear below: 17101, attorney for applicants. irregular routes, transporting: (1) Am­ As provided in the Commission’s gen­ [ seal] R obert L. O swald, munition, ammunition components, eral rules of practice any interested per­ Secretary. shooting goods and accessories and com­ son may file a petition seeking reconsid­ [FR Doc.71-9644 Filed 7-7-71;8:51 am]

FEDERAL REGISTER, VOL. 36, NO. 131— THURSDAY, JULY 8, 1971 12886 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— JULY 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 July.

3 CFR Page TO CFR Page 2 2 CFR Page Proclamations : 30______12731 42______12609 4062 ______12671 40______12731 4063 ______- ______12673 50______12731, 12733 2 4 CFR _____ 12731 Executive O rders: 70______203— __ 12610 9835 (see EO 11605) Proposed R u l e s : 207_____ 12610 10450: 50______12697 220_____ 12610 See EO 11603______12675 1600____ 12517 Amended by 11605------12831 12 CFR 1914 _ 12611 10924 (see EO 11603)____ — _ 12675 12688 1915 _ 12612 745______1930 _ 12517 11041 (superseded by EO Proposed R u l e s : 11603)______12675 1931 _ 12519 11223 (see EO 11603)-.______12675 703______12867 1932 _ 12521 11248 (amended by 11604)----- 12725 1933 _ 12522 11250 (superseded by EO 13 CFR 1934 _ 12529 11603)______12675 121______- ______12596 2 5 CFR 11390 (amended by EO 11601) _ 12473 P roposed R u les : 11470 (superseded by EO 107______12630 P roposed R u l e s : 11603)______12675 121______12631, 12749 221______12715 11600- _ 12471 11601— ______12473 14 CFR 2 6 CFR 11602 ______;______— _ 12475 1______12612,12689, 12733 11603 ______12675 39_____ — ______12688, 12733, 12842 71______12511, 12734, 12Ö43 194______12852 11604*______12727 196 ______12853 11605____ 12831 91______12512 97______- 12512 197 ______12853 P residential D o cum en ts O th er 121______12512 201______12855 th a n P roclamations and E x ­ 127______12512 245______12856 ecutive O rders: 385______12597 Proposed R u l e s : Reorganization Plan No. 1 of 399______- ______12513 1______12534,12624, 12628,12861 1971 (see EO 11603)___ 12675 1208______12597 13— ______12624, 12861 5 CFR Proposed R u l e s : 213______*- 12681, 12729 39— ______12688 2 8 CFR 550______12729 71______12511, 12864 91______12865 7 CFR 97______12865 2 9 CFR 6 ______12506 207______— ____ 12748 102_____ 12532 32-_____ — ______12681 288______12541 1904— 12612 210______- ______12685 399-______- ______12541 220______12685 30 CFR 250______- ______- ______12686 15 CFR 70—______, ______12739 406______12729 371______12515 409______——______12730 P roposed R u l e s : 379______- ______12515 57______12693 717______;______—_ 12730 385______— ______12515 775______12835 31 CFR 794______12839 16 CFR 908______12507, 12840 3 0 6 -______12833 910 _ 12687, 12841 13______12598, 12600, 12843-12850 911 ______12507 32 CFR 917______- ______12508, 12841 18 CFR * 722______12689 1434.-______12842 154______12851 1464______12509 32A CFR 1474______12509 19 CFR BDC (Ch. VI): 1488— —______- ______12595 DMS Order 1______12742 4______^_____ 12601 P roposed R u l e s : DMS Order 2______— 12743 &2 ;______— 12745, 12746 DMS Order 3______12743 101______— — 12695 2 0 CFR DMS Order 4______12744 911______12748 405______12606 DMS Reg. 1—______12742 915______12629 DMS Reg. 1, Dir. 3______12742 922 ______12863 21 CFR DPS Reg. 1______12741 923 ______:______12864 924 ____ 12864 3______12516 35 CFR 121______- 12692 932______,___ 12864 51______12616 958-______12629 135a______12691 980______12695 135b_____ — 12608 989______12696 135c______12608,12609 36 CFR 135e______- ____ 12691 1079______12534 P roposed R u l e s : 146d______12609 7______12628 9 CFR 148q_____ 12609 76— ______12510, 12688 301______12734 331___ •______12596 308______12734 37 CFR 420______12517, 12692 P roposed R u l e s : 1 _ — 12616,12689 11______12586 P roposed R u l e s : 2 II~ - —- - — l2616 1.2689 113______12694 3...... — 12534 FEDERAL REGISTER 12887

Page 43 CFR 38 CFR page 4 7 CFR—Continued Page ______12618 Pu blic L and O rder: 83______12502 ,7 ______12618 5082______1269089______12488 91 ______12492 39 CFR 4 5 CFR 9 3 -______12498 ______12532 P roposed R u l e s : Igq ______12833 177__i ______12744 250______12621 73______12542,12629 1201______- ______12652 41 CFR 4 9 CFR 5A 7 ______12533 P roposed R u l e s : ______12533 15______12534 1______12622 5A-53------391______12857 5A-76______------______12533 1201______12664 12619 392______12857 14H-1------571______12691,12858 101-25______. ______12834 4 6 CFR ______12619 1033______l 12859 101-32------531______- ______12691 114-25------12834 P roposed R u l e s : 114-26------12834 571______12866 4 7 CFR 1207_____ 12750 42 CFR 21 ______12484 P r o p o s e d R u l e s : 73______— 12622 5 0 CFR 415______12866-12867 81______— ______12502 80...... 12623

LIST OF FEDERAL REGISTER PAGES AND DATES— JULY

Pages Date 12465-12588______July 1 12589-12664______2 12665-12718______3 12719-12824_*______7 12825-12887______- 8 PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES

CONTENTS

• Messages to the Congress • Public speeches and letters • The President’s news conferences . • Radio and television reports to the American people • Remarks to informal groups

PUBLISHED BY

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

ORDER FROM

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

PRIOR VOLUMES

Volumes covering the adminis­ trations of Presidents Truman, Eisenhower, Kennedy, and Richard Nixon — 19 6 9 Johnson are available at vary­ ing prices from the Superin­ tendent of Documents, U.S, 1183 Pages — Price: $14*50 Government Printing Office, Washington, D.C. 20402,