FEDERAL REGISTER VOLUME 35 • NUMBER 213 Saturday, October 31,1970 • Washington, D.C. Pages 16825-16896 Part I (Part II begins on page 16887)

Agencies in this issue— Atomic Energy Commission Civil Aeronautics Board Coast Guard Consumer and Marketing Service Education Office Export Marketing Service Federal Aviation Administration Federal Highway Administration Federal Maritime Commission Federal Power Commission Federal Reserve System Fish and Wildlife Service General Services Administration Hazardous Materials Regulations Board Interagency Textile Administrative Committee Interim Compliance Panel (Coal Mine Health and Safety) Interstate Commerce Commission Land Management Bureau National Aeronautics and Space Administration National Highway Safety Bureau Public Health Service Tariff Commission , Veterans Administration Wage and Hour Division Detailed list of Contents appears inside.

I r Latest Edition Guide to Record Retention Requirements

[Revised as of January 1, 1970] ' \ This useful reference tool is designed they must be kept. Each digest carries to keep businessmen and the general a reference to the full text of the basic public informed concerning the many law or regulation providing for such published requirements in Federal laws retention. and regulations relating to record retention. The booklet’s index, numbering over 2,200 items, lists for ready reference The 89-page “Guide” contains about 1,000 digests which tell the user (1) the categories of persons, companies, what type records must be kept, (2) and products affected by Federal who must keep them, and (3) how long record retention requirements.

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AGRICULTURE DEPARTMENT EXPORT MARKETING SERVICE FEDERAL RESERVE SYSTEM See Consumer and Marketing Notices Notices Service; Export Marketing Controller, Commodity Credit Approval of acquisition of bank Service. Corporation; redelegation of stock by bank holding authority______16863 company: ATOMIC ENERGY COMMISSION First Wisconsin Bankshares Notices FEDERAL AVIATION Corp. (2 documents)______16874 Pan American Bancshares, Inc. Issuance of facility license: ADMINISTRATION Carolina Power & Light Co__ 16863 (2 documents)______16875 Rhode Island and Providence Rules and Regulations Plantations Atomic Energy Transportation of dangerous arti­ FISH AND WILDLIFE SERVICE Commission______16863 cles and magnetized materials; Rules and Regulations Westinghouse Electric Corp.; reports of hazardous materials receipt of application to re­ incidents ______16829 J. Clark Salyer National Wild­ locate reactor______16863 life Refuge, N. Dak.; hunting FEDERAL HIGHWAY (2 documents)______16846 CIVIL AERONAUTICS BOARD ADMINISTRATION GENERAL SERVICES Notices Rules and Regulations ADMINISTRATION Hearings, etc.: Parts and accessories necessary for Aeronaves De Mexico, S.A___ 16864 safe operation______16838 Notices Aggregate Rates proposed by Attorney General; delegation of WTC Air Freight______16864 FEDERAL MARITIME authority______16876 Allegheny Airlines, Inc______16864 COMMISSION Commuter Airlines, Inc______16865 HAZARDOUS MATERIALS Cutlass Aviation, Inc______16865 Notices Lufthansa German Airlines__ 16866 REGULATIONS BOARD Northeast Airlines; Inc______16866 Independent ocean freight for­ warder license applications, Rules and Regulations COAST GUARD revocations, investigations, Reports of hazardous materials etc. : incidents ______16836 Rules and Regulations Key Air Freight______16866 Reports of hazardous materials Monarch Forwarding Co____ 16867 HEALTH, EDUCATION, AND incidents______16832 Sorrentino Shipping, Inc_____ 16867 WELFARE DEPARTMENT Red Sea and Gulf of Aden/U.S. See Education Office; Public CONSUMER AND MARKETING Atlantic and Gulf Rate Agree­ Health Service. SERVICE ment; notice of filing of agreem ent______16867 Rules and Regulations INTERAGENCY TEXTILE Handling limitations: FEDERAL POWER COMMISSION ADMINISTRATIVE COMMITTEE Grapefruit grown in Indian River District in Florida____ 16846 Rules and Regulations Notices Grapefruit grown in Interior Statements and reports; Steam- Certain cotton textile and cotton District in Florida______16847 electric plant air and water textile products produced or Lemons grown in California and control data______16830 manufactured in the Federative Arizona ______16846 Proposed Rule Making Republic of Brazil; entry or Milk in Quad Cities-Dubuque withdrawal from warehouse for marketing area et al.; han­ Initial rates for future sales of consumption______16876 dling ------16848 natural gas for all areas; order denying motion and extending Raisins produced from grapes INTERIM COMPLIANCE PANEL grown in California; expenses time for filing certain responses. 16861 and rate of assessment______16847 Notices (COAL MINE HEALTH AND Hearings, etc.: SAFETY) Proposed Rule Making Boston Gas Co______16867 Notices Expenses and rate of assessment: East Tennessee Natural Gas Co. 16868 Grapefruit grown in: El Paso Natural Gas Co. Application for renewal permit; Indian River District in (4 documents______16868-16870 opportunity for public F lorida------16860 Home Gas Co______16870 hearing: Interior District in Florida. _ 16860 Natural Gas Pipeline Company Clinchfield Coal Co______16877 Lemons grown in California and of America______16870 Clinchfield Coal Co. and North Northern Natural Gas Co_____ 16871 American Coal Corp______16877 Arizona; recommended decision. 16850 North American Coal Corp. Public Service Company of New et al------16878 EDUCATION OFFICE Hampshire (2 documents)_ 16871, 16873 Rules and Regulations Tennessee Gas Pipeline Co___ 16871 INTERIOR DEPARTMENT Federal, State, and private pro­ Transcontinental Gas Pipe Line See Fish and Wildlife Service; grams of low-interest loans to C o rp ______16872 vocational students and stu­ Transwestem Pipeline Co_____ 16872 Land Management Bureau. dents in institutions of higher United Fuel Gas Co______16872 (Continued on next page) education______16888 Vermilion Pipeline Co______16873 16827 16828 CONTENTS

INTERSTATE COMMERCI; LAND MANAGEMENT BUREAU TARIFF COMMISSION COMMISSION Rules and Regulations Notices Proposed Rule Making Montana; public land order_____ 16831 Worker’s petition for determina­ tion of eligibility to apply for Incentive per diem charges; NATIONAL AERONAUTICS AND adjustment assistance; notice of 1968 ______16862 SPACE ADMINISTRATION investigation______16878 Notices Rules and Regulations TRANSPORTATION DEPARTMENT Frankfort and Cincinnati Rail­ Board of Contract Appeals; scope See Coast Guard; Federal Aviation road Co.; car distribution_____ 16880 e tc ______z______16829 Administration; Federal High­ Motor carrier temporary author­ way Administration; Hazardous ity applications______16880 NATIONAL HIGHWAY SAFETY Materials Regulations Board; New procedures in motor carrier BUREAU National Highway Safety Board. revenue proceedings; further extension of time to file com­ Rules and Regulations VETERANS ADMINISTRATION ments and replies______1 16881 Federal motor vehicle safety Practices and policies in the set­ standards; lamps etc______16840 Rules and Regulations tlement of loss and damage Adjudication; divorce------16831 claims on grain and grain prod­ PUBLIC HEALTH SERVICE WAGE AND HOUR DIVISION ucts; petition,for declaratory Rules and Regulations Notices order______16882 Air quality control regions; desig- nation (2 documents)______16831 Certificates authorizing the em­ ployment of learners and stu­ LABOR DEPARTMENT Proposed Rule Making dent workers at special mini­ See Wage and Hour Division. Air quality control regions; pro­ mum wages______16878 posed designations etc______16861

List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1970, and specifies how they are affected.

7 CFR 38 CFR 90_____ 16834 97______16834 910_. .16846 3______16831 146____ ;______16835 912- . . 16846 151______16835 913- .16847 42 CFR 175______16835 989- . 16847 81 (2 documents) 16831 185______16835 1063. .16848 196______;______16835 1070. .16848 P roposed R ules: 1079. .16848 81—______16861 4 9 CFR P roposed R ules: 43 CFR 171______16837 173 ______„16837 910______16850 P ublic Land Orders: 912 ______16860 174 ______16837 913 ______16860 4932______16831 175 ______16837 176—______16837 14 CFR 45 CFR 177______16838 177...... 16888 393______16838 103— ______16829 571______16840 1209______16829 46 CFR P roposed R ules: 1033______16862 18 CFR 2...... _ _16832 30______16834 1034—______16862 141______16830 35______.16834 P roposed R ules: 70...... _____ 16834 50 CFR 2 ______16861 78______16834 32 (2 documents)______16846 16829 Rules and Regulations

(b) The following information shall § 1209.100 Scope. Title 14— AERONAUTICS AND be furnished in each report required by This subpart sets forth the functions this section: and membership requirements of the SPACE (1) Name of reporting person. (2) Name and address of carrier rep­ NASA Board of Contract Appeals (here­ Chapter I— Federal Aviation Adminis­ resented by reporter. inafter referred to as “board”). tration, Department of Transporta­ (3) Phone number where reporter can § 1209.101 Establishment. tion be contacted. The Board of Contract Appeals was [Docket No. 9938; Amdt. 103-8] (4) Date, time, and location of inci­ established by NASA Management Man­ dent. PART 103— TRANSPORTATION OF ual Instruction 2-4-1, June 25, 1959, and (5) The extent of the injuries, if any. continued in effect by NASA Manage­ DANGEROUS ARTICLES AND MAG­ (6) Classification, name, and quan­ ment Instruction 1152.1 A, April 1, 1968, NETIZED MATERIALS tity of the dangerous article involve­ and is further continued in effect by the ment and whether a continuing danger provisions of this subpart. Reports of Hazardous Materials to life exists at the scene. Incidents (c) Each carrier who transports haz­ § 1209.102 Functions. The purpose of this amendment to ardous materials shall report in writing The board, located at NASA Head­ Part 103 of the Federal Aviation Admin­ in duplicate on DOT Form F 5800.1, quarters, Washington, D.C.: istration’s regulations is to establish uni­ within 15 days of the date of discovery, (a) Adjudicates appeals by NASA con­ form hazardous materials incidents re­ each incident that occurs during the tractors arising from the findings of fact porting requirements for aviation inci­ course of transportation (including and final decisions of NASA contracting dents consistent with those being estab­ loading, unloading, or temporary stor­ officers or their authorized representa­ lished concurrently for the other modes age) in which, as a direct result of the tives made under the color of the “Dis­ of transportation. hazardous materials, any of the circum­ putes” clause of a NASA contract. This amendment is based on a notice stances set forth in paragraph (a) of (b) Acts for and exercises the full au­ of proposed rule making, Docket No. this section occurs or there has been an thority of the Administrator in all cases 9938; Notice No. 69-48, published in the unintentional release of hazardous ma­ in which, by the terms of a contract, the F ederal R egister on October 29, 1969 terials from a package (including a port­ contractor may appeal to the Adminis­ (34 F.R. 17449). That notice was issued able tank). Each carrier making a re­ trator or his representative from the find­ concurrently with separate notices is­ port under this section shall send that ings of fact and final décision of the con­ sued by the U.S. Coast Guard, the Fed­ report to the Secretary, Hazardous Ma­ tracting officer or his authorized repre­ eral Railroad and the Federal Highway terials Regulations Board, Department sentative. Administrations. The Hazardous Ma­ of Transportation, Washington, D.C. (c) Takes, but is not limited to, the terials Regulations Board’s evaluation of 20590, with a separate copy to the FAA following actions in the performance of the comments received in response to all facility indicated in paragraph (a) of its functions: the notices is discussed in detail in the this section. (1) Issues rules of procedure. document published on page 16836 of this issue. For the reasons stated therein, the This amendment is effective Decem­ (2) Conducts hearings. Federal Aviation Administration Admin­ ber 31,1970. (3) Dismisses proceedings. istrator has decided to amend Part 103 This amendment is made under the (4) Orders the production of docu­ of the Federal Aviation Administration authority of title VI and section 902(h) ments and other evidence. regulations as follows; of the Federal Aviation Act of 1958 (49 (5) Takes official notice of facts with­ § 103.27 [Amended] U.S.C. 1421-1430, 1472(h)). in general knowledge. 1. Section 103.27 is amended by de­ Issued in Washington, D.C. on Octo­ (6) Decides all questions of fact and leting the last sentence. ber 27, 1970. law raised by the appeal. 2. Section 103.28 is added to read as S am S c h neider, § 1209.103 Membership. follows: Board Member for the Federal Aviation Administration. (a) The board shall consist of not § 103.28 Reporting certain dangerous more than seven regular members desig­ article incidents. [F.R. Doc. 70-14706; Filed, Oct. 30, 1970; 8:51 a.m.] nated by the Administrator, one of whom (a) Each carrier who transports dan­ shall be designated as chairman and one gerous articles shall report to the near­ as vice-chairman. Additional members est ACDO, FSDO, GADO or other FAA Chapter V— National Aeronautics and may be designated by the Administrator facility by telephone at the earliest prac­ Space Administration to serve on the board on an ad hoc basis ticable moment after each incident that for the adjudication of particular ap­ occurs during the course of transporta­ PART 1209— BOARDS AND peals. tion (including loading, unloading or COMMITTEES (b) Duties performed by board mem­ temporary storage) in which as a direct Subparf 1— Board of Contract bers will be in addition to the regular result of any dangerous, article— Appeals work assignments of the individuals con­ (1) A person is killed; cerned. (2) A person receives injuries requir­ Subpart 1 revised in its entirety as (c) Persons designated to serve as ing his hospitalization; follows: members of the board shall be limited to (3) Estimated carrier or other prop­ Sec. those persons admitted to the practice of erty damage, or both, exceeds $50,000; or 1209.100 Scope. law before the highest court in the juris­ 1209.101 E stablishm ent. A situation exists of such a nature 1209.102 .F u n c tio n s.. diction in which they are members of the that, in the judgment of the carrier, it 1209.103 M embership. bar. should be reported to the Department 1209.104 Administrative appeal of board de­ (d) No member of the board shall con­ even though it does not meet the cri­ cisions. sider an appeal if he has participated teria of subparagraphs (1), (2), or (3) 1209.105 Reporting of board activities. in the award or administration of a con­ of this paragraph, e.g., a continuing 1209.106 Legal NASA representation. tract in dispute. danger to life exists at the scene of the incident. Authority : The provisions of this Subpart (e) The vice-chairman of the board 1 Issued under 42 U.S.C. 2473. is empowered to exercise the powers of

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1?70 16830 RULES AND REGULATIONS the chairman as authorized by the chair­ Quality Administration) of the Depart­ erably expanded to clarify the proce­ man or in his absence. ment of the Interior (FWQA).1 dures to be followed in complying with (f) Within his discretion, the chair­ FPC Form No. 67 has been designed the informational requirements, includ­ man may authorize any member of the with the assistance of those agencies to ing authorization to use estimates and board to conduct prehearing conferences, obtain information periodically of the calculations where appropriate records hold hearings, examine witnesses, receive quality of fuel used in fossil fueled steam- are not available, and that definitions evidence and argument, and report the electric generating plants of 25 mega­ have been modified for clarity and new evidence and argument to a designated watts or more, of the costs of facilities ones added to simplify compliance with panel of the board, or to the full board, and other data relating to their opera­ the reporting requirements. Because of for consideration and determination of tion and maintenance regarding the the need for obtaining facts upon which the appeal. the amounts and kinds of particulates antipollution programs can be adequately (g) In the discretion of the chairman, emitted by such plants, and of the heat based as soon as possible, the requests an appeal may be adjudicated by the emissions and other matters discharged of several persons to postpone the com­ full membership of the board or by a into streams and other waters by fossil mencement of filing reports are herein­ panel of three members, including ad and nuclear-fueled steam-electric gen­ after denied. The situation nationally hoc members. Two members of a panel erating plants. This information will pro­ has progressed far beyond the point shall constitute a majority of the board vide a basis for the development of effec­ where further procrastination should be for the appeal involved. tive environmental quality control permitted. Accordingly, the first report programs. for the calendar year 1969 is to be sub­ § 1209.104 Administrative appeal of The notice of rulemaking, which was mitted on or before December 15, 1970; board decisions. mailed to 4,676 public, private, and co­ subsequent filings are to be made by the There shall be no administrative ap­ operative utilities and licensees, State first day of the fifth month following peal from decisions rendered by the and local regulatory commissions, State the close of the calendar or fiscal year board. conservation and recreation agencies and in the manner provided by the general industries which operate generating instructions on the form. As a whole the § 1209.105 Reporting of board activi­ plants, invited data, views, comments, industry comments have concluded that ties. suggestions, and requests for conferences the rulemaking is appropriate and will The chairman of the board shall re­ with the Commission regarding the pro­ serve a worthwhile purpose and, since port, not less often than annually, to posed form.* Comments, many of which NAPCA and FWQA are required to ob­ the Administrator on the status of the have been particularly useful, were re­ tain much of the information to be sub­ board’s activities. ceived from 57 8 of those solicited, and mitted, it will alleviate duplication of § 1209.106 Legal NASA representation. one conference, requested by the Edison reporting. The cooperation of industry Electric Institute, was held May 1, 1970, has been demonstrated by suggestions The NASA General Counsel shall open to all interested parties. More than for the addition of information which designate counsel to represent the in­ 30 of those responding submitted sug­ will make the data to be assembled more terests of the Government in proceedings gestions for improvement of the pro­ meaningful. before the board. posed form and/or raised questions as The Commission finds: Effective date: The provisions of this to the adequacy of descriptive terms used (1) The notice and opportunity to Subpart 1209.1 are effective October 28, therein, or raised questions for clarifi­ participate in this proceeding with re­ 1970. cation. All were carefully considered by spect to the matters presently before the G eorge M. Low, our staff in cooperation with NAPCA and Commission through the submission in Acting Administrator. FWQA and have resulted in changes writing and presentation during the [F.R. Doc. 70-14669; Filed, Oct. 30, 1970; which we believe will make the informa­ course of a conference held on May 1, 8:48 a.m .] tion received more useful for the pur­ 1970, of data, views, comments, and sug­ poses for which it has been designed. gestions in the manner described above, As revised, the form incorporates many are consistent and in accordance with all suggestions of industry, Federal, State procedural requirements therefor as pre­ Title 1 8 — CONSERVATION OF and local agencies and consultants * scribed in 5 UJ5.C. 553. simplifying, qualifying, and to some ex­ (2) The amendments to the Commis­ POWER AND WATER RESOURCES tent shortening the form by the elimi­ sion’s regulations adopted herein are nation of certain items initially proposed. necessary and appropriate for carrying Chapter I— Federal Power Numerous revisions of the form have out the provisions of the Federal Power Commission been effected bpt since many were adopted solely for clarification, no bene­ Act. SUBCHAPTER D— APPROVED FORMS, FEDERAL ficial purpose would be served by their (3) Since the facts which will be ob­ POWER ACT detailed enumeration. Wé do point out tained on FPC Form Nd. 67, adopted [Docket No. R-382; Order 412] herein, are urgently needed to develop that the instructions have been consid- adequate antipollution programs, good PART 141— sta tem en ts a n d 1 Under the President’s Reorganization cause exists for making these amend­ REPORTS (SCHEDULES) P lan No. 3 of 1970, dated Ju ly 9, 1970, both ments effective upon issuance of this order. Form No. 67, Steam-Electric Plant Air agencies have been incorporated into a new agency, the Environmental Protection The Commission, acting pursuant to and Water Quality Control Data Agency. the provisions of the Federal Power Act, 2 Copies were also distributed by NAPCA as amended, particularly sections 304, October 22, 1970. to 37 State and local air quality control On January 29, 1970, the Commission agencies. 309, and 311 (49 Stat. 855, 858, 859; 16 issued a notice of proposed rule making By notice dated Feb. 26, 1970 (35 F.R. U.S.C. 825c, 825h, 825j), orders: (35 P.R. 2832, Feb. 11, 1970) regarding 4080, Mar. 4, 1970) th e tim e for th e filing (A) Part 141, Subchapter D—Ap­ the adoption of a proposed form for the thereof originally set was extended to Apr. 1, proved Forms, Federal Power Act, Chap­ 1970. ter 1, Title 18, Code of Federal Regula­ collection of information designed to 8 The responding persons are listed in Ap­ provide a basis for the development of pendix A which is filed as part of the tions is amended as follows: effective environmental quality control original document. (1) The table of contents at the begin­ programs in cooperation with the Na­ 4 Suggestions to expand the form to in­ ning of Part 141 is amended by adding tional Air Pollution Control Adminis­ clude information, inter alia, of nitrogen immediately following the reference to tration of the Department of Health, oxide emissions, ash content of residual oil, § 141.58, a new section reference reading Education, and Welfare (NAPCA) and ichthyological, nuclear fuel storage and as follows: waste disposition data may be considered for the Federal Water Pollution Control Ad­ possible later revisions but were not in­ 141.59 Form No. 67, Steam -Electric Plant ministration (now the Federal Water cluded in the form we herein adopt. Air and Water Quality Control Data.

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 RULES AND REGULATIONS 16831

(2) The text of Part 141 is amended by eral R eg ister (35 F.R. 13023) to amend adding, immediately following the text of Title 42— PUBLIC HEALTH Part 81 by designating the Metropolitan § 141.58, a new § 141.59 reading as Cheyenne Intrastate Air Quality Control follows: Chapter I— Public Health Service, De­ Region. partment of Health, Education, and § 141.59 Form No. 67, Steam-electric Interested persons were afforded an plant air and water quality control Welfare opportunity to participate in the rule data. SUBCHAPTER G— PREVENTION, CONTROL, AND making through the submission of com­ ABATEMENT OF AIR POLLUTION ments, and a consultation with appro­ This form is designed to obtain pollu­ priate State and local authorities pursu­ tion control Information related to fuel PART 81— AIR QUALITY CONTROL quality, pollution control equipment in­ ant to section 107(a) of the Clean Air stalled, the operation of such equipment REGIONS, CRITERIA, AND CON­ Act (42 U.S.C. 1857c-2(a)) was held on TROL TECHNIQUES August 28, 1970. Due consideration has and the disposition of waste materials been given to all relevant material from steam-electric generating plants; Metropolitan Fargo-Moorhead data relating to plant and equipment is presented. required every fifth year unless changed Interstate Region In consideration of the foregoing and or retired prior to the expiration of such On August 8, 1970, notice of proposed in accordance with the statement in the periods and to the operations thereof rule making was published in the F ed­ notice of proposed rule making, § 81.89, annually. eral R egister (35 F.R. 12660) to amend as set forth below, designating the Part 81 by designating the Metropolitan Metropolitan Cheyenne Intrastate Air (Secs. 304, 309, and 311 (49 S tat. 855, 858, Quality Control Region, is adopted ef­ 859; 16 U.S.C. 825c, 825h, 825J) Fargo-Moorhead Interstate Air Quality Control Region. fective on publication. (B) PPC Form No. 67, Steam-electric Interested persons were afforded an § 81.89 Metropolitan Cheyenne Intra­ plant air and water quality control data, opportunity to participate in the rule state Air Quality Control Region. prescribed for use by 18 CFR 141.59, is making through the submission of com­ approved as set out in Attachment B 6 of The ' Metropolitan Cheyenne Intra­ ments, and a consultation with appro­ state Air Quality Control Region (Wy­ this order. priate State and local authorities pur­ (C) The amendments herein adopted oming) consists of the territorial area suant to section 107(a) of the Clean Air encompassed by the boundaries of the shall become effective upon the issuance Act (42 U.S.C. 1857c-2(a)) was held on of this order. following jurisdictions or described area August 18, 1970. Due consideration has (including the territorial area of all mu­ (D) The" Secretary shall cause prompt been given to all relevant material pre­ nicipalities (as defined in section 302(f) publication of this order to be made in sented. of the Clean Air Act, 42 U.S.C. 1857h(f)) the F ederal R egister. In consideration of the foregoing and geographically located within the By the Commission. in accordance with the statement in the outermost boundaries of the area so notice of proposed rule making, § 81.84 delimited): [seal] G ordon M. G rant, as set forth below, designating the Secretary. Metropolitan Fargo-Moorhead Inter­ In the State of Wyoming: [F.R. Doc. 70-14638; Filed, Oct. 30, 1970; state Air Quality Control Region, is Albany County. Laramie County. 8:45 a.m.] adopted effective on publications. Goshen County. Platte County. § 81.84 Metropolitan Fargo-Moorhead (Secs. 107(a), 301(a), 81 S tat. 490, 504; 42 Interstate Air Quality Control Region. U.S.C. 1857c-2(a), 1857g(a)) Title 38— PENSIONS, BONUSES, The Metropolitan Fargo-Moorhead Dated: September 30, 1970. Interstate Air Quality Control Region J o h n T. M iddleton, AND VETERANS’ RELIEF (North Dakota-Minnesota) consists of Commissioner, National Air the territorial area encompassed by the Pollution Control Administration. Chapter I— Veterans Administration boundaries of the following jurisdictions or described area (including the terri­ Approved: October 19, 1970. PART 3— ADJUDICATION torial area of all municipalities (as de­ E l l io t L . R ichardson, Subpart A— Pension, Compensation, fined in section 302(f) of the Clean Air Secretary. Act, 42 U.S.C. 1857h(f)) geographically and Dependency and Indemnity located within the outermost boundaries [F.R. Doc. 70-14585; Filed, Oct. 30, 1970; Compensation of the area so delimited): 8:45 a.m.] D ivorce In the State of North Dakota: Cass County. In § 3.206, paragraph (c) is added to In the State of Minnesota: read as follows: Clay County. Title 43— PUBLIC LANDS: § 3.206 Divorce. (Secs. 107(a), 301(a), 81 S tat. 490, 504; 42 ***** U.S.C. 1857c—2(a ), 1857g(a)) INTERIOR (c) Where a foreign divorce has been Dated: September 29, 1970, Chapter II— Bureau of Land Manage­ granted the residents of a State whose J o h n H . L u d w ig , ment, Department of the Interior laws consider such decrees to be valid, it Acting Commissioner, National APPENDIX— PUBLIC LAND ORDERS will thereafter be considered as valid Air Pollution Control Admin­ istration. [Public Land Order 4932] under the laws of the jurisdictions speci­ [M ontana 16002] fied in § 3.1 (j) in the absence of a deter­ Approved: October 19, 1970. mination to the contrary by a court of E l l io t L. R ichardson, MONTANA last resort in those jurisdictions. Secretary. Partial Revocation of Reclamation (72 Stat. 1114; 38 U.S.C. 210) [F.R. Doc. 70-14586; Filed, Oct. 30, 1970; 8:45 a.m.] Withdrawal This VA regulation is effective Janu­ By virtue of the authority contained ary 2, 1970. PART 81— AIR QUALITY CONTROL in section 3 of the Act of June 17, 1902, Approved: October 27, 1970. REGIONS, CRITERIA, AND CON­ 32 Stat. 388, as amended and supple­ mented, 43 U.S.C. section 416 (1964), it [seal] Donald E. J ohnson, TROL TECHNIQUES Administrator. is ordered as follows: [F.R. Doc. 70-14667; Filed, Oct. 30, 1970; Metropolitan Cheyenne Intrastate The departmental order of August 18, 8:47 a.m.] Region 1902, which withdrew lands for reclama­ On August 15, 1970, notice of proposed tion purposes, is hereby revoked so far * Filed as part of the original document. rule making was published in the F ed­ as it affects the following described land:

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16832 RULES AND REGULATIONS

P rincipal Meridian Code of Federal Regulations. Subchap­ hazardous materials shall be made on T. 29 N., R. 38 E., ter A concerns procedures of the Coast Form DOT F 5800.1 to the Secretary, Sec. 21, NW%SWV4- Guard applicable to the public and Part Hazardous Materials Regulations Board, 2 contains present reporting require­ Washington, D.C. 20590. The area described contains 40 acres ments for marine casualties. These re­ The notice defined hazardous mate­ in Valley County. quirements are not limited by the na­ rials as “explosives or other dangerous The land is included in an allowed ture of the cargo carried by the vessel articles or substances” as well as “in­ homestead entry. or by the fact that the vessel has no flammable or combustible liquid cargo H arrison L o esch , cargo at the time of the casualty. In addi­ in bulk” as used in title 46, United States Assistant Secretary of the Interior. tion to including the basic requirements Code, sections 170 and 391a, respectively. in Part 2, instead of Part 146 as in the The Council recommended that this def­ O ctober 23, 1970. notice, this document also includes ref­ inition be expanded by indicating ten [P.R. Doc. 70-14652; Plied, Oct. 30, 1970; erences to these basic requirements in categories of substances embraced within 8:46 a.m.] Subchapters D, H, I, N, O, T, and U. the term, hazardous materials. This ad­ This change is one of form only, and dition does not alter the definition con­ does not by itself involve any change of tained in the notice, but makes it more substance* in the basic reporting meaningful to the average person who Title 46— SHIPPING requirements. will be required to give notice of these Chapter I— Coast Guard, Department Several of the comments voiced stren­ accidents. of Transportation uous objection to the proposed require­ The notice proposed the reporting of ment that the personnel of tank vessels an incident, inter alia, in which as a [CGFR 69—106a] be required to answer 32 questions on direct result of the hazardous materials REPORTS OF HAZARDOUS the report form relating to each and it is estimated that the resumption of every unintentional release, no matter the normal operation of the vessel will MATERIALS INCIDENTS how small and inconsequential, that be prevented for 2 hours or more. Several A notice of proposed rule making was might occur during the loading and dis­ of the comments objected that this wouid published in the F ederal R eg ister of charging of petroleum or liquid chem­ require the reporting of many minor in­ October 29, 1969 (34 F.R. 17446) to ical cargoes in bulk. In response to these cidents. In response to these comments amend Part 146 of Title 46 of the Code comments, the Council recommended the Council concluded that there is jus­ of Federal Regulations to include a re­ that the reporting requirements for the tification for limiting the criteria for quirement for the immediate reporting unintentional release of bulk hazardous immediate notification and recom­ of serious incidents involving hazardous materials be separated from those for mended that a change be made to the materials, as well as a requirement for the unintentional release of packaged proposal. After consultation with the reporting certain information concern­ hazardous materials. The following ex­ Department of Transportation’s other ing all hazardous materials incidents ceptions are included to the reporting operating administrations, the following whether or not an immediate notifica­ requirements for the unintentional re­ changes in the criteria for immediate tion is required. The Merchant Marine lease of hazardous materials carried in notification have been made: where an Council held a public hearing on this bulk: (1) Minor release during gaug­ injured person is involved, hospitaliza­ proposal on January 12, 1970, in Wash­ ing or sampling operation; (2) minor re­ tion is the current criteria instead of the ington, D.C. Interested persons were, lease resulting from leakage around previous criteria of emergency medical given the opportunity to submit written gaskets, flanges, or packing; (3) release treatment away from the scene of the comments both before and at the public which is contained in a drip pan; incident; vessel or other property dam­ hearing and to make oral comments at (4) venting of cargo vapor during load­ age, or both, has been increased from the public hearing. A total of 19 written ing, and (5) other minor leakage which the previous criteria of $5,000 to $50,000; comments were received and three of the is readily correctible. It is considered and the requirement for notification organizations making written comments that these exceptions will relieve the per­ where it is estimated that the resumption also presented oral comments to the sonnel of tankers from the need to report of normal operation of the vessel will be Council at the public hearing. At an unnecessary incidents. The further com­ prevented for 2 hours or more has been executive session held on February 5, ment that the definition of hazardous eliminated and a new criteria has been 1970, the assigned members of the materials be amended to delete the ref­ established requiring notification of the Council duly considered the proposed erence to “inflammable or combustible incident if it is of such significance as to amendments in the light of all the com­ liquid cargo in bulk” was rejected by. the warrant reporting even though it does ments received. Council. The acceptance of this sugges­ not involve a fatality, serious injury, A number of changes in the proposed tion would seriously weaken the funda­ property damage in excess of $50,000, or amendments have been made as a re­ mental objectives of this new reporting a continuing danger to life. sult of the comments received from the system. Accordingly, after due consideration public. Two comments pointed out that The notice proposed that the immedi­ of all the relevant matter, including the the proposal to amend Subchapter N of ate notification of the hazardous materi­ comments of interested persons and the Title 46 of the Code of Federal Regula­ als incident and the subsequent hazard­ recommendations of the Merchant Ma­ tions to include inflammable and com­ ous^ materials incident written report rine Council, the Commandant, U.S. bustible liquid cargoes in bulk is con­ should be made to the Department of Coast Guard has approved the amend­ trary to the basic statute and other reg­ Transportation. The vast majority of ments set forth below. ulations in Subchapter N. In fact, the the comments received objected to this SUBCHAPTER A— PROCEDURES APPLICABLE TO statute which legislates with respect to provision and stressed that because of its THE PUBLIC the carriage of explosives or dangerous operational and investigatory responsi­ substances (R.S. 4472, as amended: 46 bilities, these reports should be made to PART 2— VESSEL INSPECTIONS U.S.C. 170) and certain provisions of the Coast Guard. In accordance with Subpart 2.20— Reports and Forms Subchapter N which regulates these sub­ these comments the Council recom­ stances when carried in a package, con­ mended that the immediate notification 1. Part 2 is amended by adding tainer, portable tank, highway or rail­ and the subsequent written report on §§ 2.20-65 and 2.20-70 to read as follows: road vehicle expressly exclude from their Coast Guard Form CG 4752 of the unin­ § 2.20—65 Immediate notice of certain purview the carriage of inflammable or tentional release of bulk hazardous ma­ hazardous materials incidents. combustible liquid cargoes in bulk. For terials be made to the nearest District this reason, the Council recommended Commander of the Coast Guard; how­ (a) Definitions. “Hazardous mate­ that the proposal to add these reporting ever, in order to have uniform reporting rials” means “explosives or other dan­ requirements to Subchapter N be requirements within the Department of gerous articles or substances” as well as changed to add these requirements to Transportation, the written report of “inflammable or combustible liquid Part 2 of Subchapter A, Title 46 of the the unintentional release of packaged cargo in bulk” as used in Title 46, United

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 RULES AND REGULATIONS 16833 States Code, sections 170 and 391a, re­ temporary storage) shall report in writ­ A. Reporting Carrier or Company: spectively. The term is synonymous with ing in duplicate on Form DOT F 5800.1 1. Name of Agency, Company, or Individual su b m ittin g th e report. the term dangerous cargo and includes within 15 days of the date of discovery 2. A d d re ss______any of the following classifications: each incident which occurs, on board in 3. Date and time of incident______(1) Explosives. which as a direct result of the hazardous 3. Date and time of incident______(2) Flammable liquids. materials any of the circumstances set M onth ______Day ______Y e a r _____ (3) Combustible liquids. forth in § 2.20-65 (b) occurs, or there has T im e ______(4) Liquefied flammable gases. been an unintentional release of hazard­ 4. Location of incident______(5) Flammable solids. ous materials from a package, container, 5. N a tio n a lity ______s______6. Name of vessel______j______(6) Oxidizing materials. portable tank, highway vehicle, or rail­ Official number of vessel______(7) Corrosive liquids. road vehicle. Each person making a re­ Call sign______(8) Compressed gases. port under this paragraph (a) shall send B. Hazardous Materials Involved: (9) Poisons. that report to the Secretary, Hazardous 7. Shipping n a m e . . . . . ______(10) Hazardous articles. Materials Regulations Board, Washing­ 8. H azard classification______(b) Notice required. The owner, ton, D.C. 20590. 9. Trade nam e_____ ,______master, agent or person in charge of (b) Transportation in bulk in the ves­ C. Probable Cause(s) of release: (Check any vessel, domestic or foreign, engaged sels tanks: The owner, master, agent, or one or more as applicable and describe in in transporting hazardous materials (in­ person in charge of any vessel of the item No. 30, “Remarks”.) cluding loading, unloading or temporary United States or any foreign vessel en­ 1 0 . ____ Weld failure. storage) shall report to the nearest Dis­ gaged in transporting hazardous ma­ ______Loose fitting valves or closures. trict Commander of the U.S. Coast terials in bulk in the vessel’s own tanks ______Defective fitting valves or closures. Guard by telephone, radiotelephone, ra­ (including the loading, unloading or ______Corrosion or rust. dio message or other expeditious means, temporary storage) shall report in writ­ _____ B ottom damage. at the earliest practicable moment each ing in duplicate on Coast Guard Form ____ Body or side failure. incident which occurs on board while the CG 4752 within 15 days of the date of ______Damage from other liquids. vessel is in the navigable waters of the discovery to the nearest District Com­ ______R uptured due to in tern al United States in which as a direct result mander of the U.S. Coast Guard each in­ pressure. of hazardous materials— cident which occurs on board in which ______External heat. (1) A person is killed; ____ Freezing. as a direct result of the hazardous ma­ ______Cargo hose failure. (2) A person receives injuries requir­ terials any of the circumstances set forth ______Improper cargo hose connec­ ing his hospitalization; in § 2.20-65(b) occurs, or there has been tion. (3) Estimated vessel or other property an unintentional release of hazardous _____ Cargo piping failure. damage, or both, exceeds $50,000; materials carried in bulk in the vessel’s ____ _ Cargo pum p failure. (4) A continuing danger to life exists own tanks with the exception of the ______Cargo tan k failure. following the incident; or following: ______Overfilling of cargo tank. (5) A situation exists that is of such (1) Minor release during gauging or ______O verpressurization of cargo a nature that, in the judgment of the sampling operations. tan k . owner, Master, agent or person in charge (2) Minor release resulting from leak­ _____ O ther. of the vessel, it should be reported to age around gaskets, flanges or packing. D. Consequences due to Hazardous Ma­ the District Commander even though it terials Involved. (3) Release which is contained in a 11. Number of persons killed______does not meet the criteria of subpara­ drip pan. 12. Number of persons injured ______graphs (1), (2), (3), or (4) of this (4) Venting of cargo vapors during 13. Estimated loss and property damage in paragraph. loading. dollars (including cleanup costs) : (c) Information required. The follow­ (5) Other minor leakage which is a. Loss to vessel______ing information shall be furnished in readily correctible. b. Other property______each report required by this section: (c) Location of vessel: c. C arg o ______(1) Name of reporting person. (1) The report shall be made for a d. C lean u p ______(2) Name of the vessel and the name E. Vessel and Release Information: vessel of the United States regardless of 14. Date of last inspection______and address of the owner or agent repre­ the location of the vessel at the time the by w hom ______sented by reporter. incident occurs. 15. Date of last inspection for (3) Phone number where reporter can (2) The report shall be made for a certification______be contacted. foreign vessel provided the incident 16. If cargo hose failure, when was hose (4) Date, time, and location of occurs while the vessel was in the last tested ______incident. navigable waters of the United States. 17. Type of operation in which engaged at (5) The extent of injuries* if any. (d) Form: Copies of Form DOT F time of incident______(6) Classification, name, and quantity 5800.1 and USCG Form CG 47521 are 18. State whether released material re­ of hazardous materials involved, if such available without charge upon request to mained confined within the vessel.:______information is available. 19. State whether released material was any District Commander of the U.S. deposited in the surrounding air or water. (7) Type of incident and nature of Coast Guard. Additional copies in the hazardous material involvement and prescribed format may be reproduced 20. State methods used to remove, disperse, whether a continuing danger to life is and used if on the same size and kind of enhance degradation or otherwise reduce or considered to exist at the scene. paper. eliminate damage to property, injury to per­ USCG F o r m CG 4752 (d) Additional report. The immediate sons, or degradation to the environment. report required by this section shall be TJ.S. COAST GUARD DEPARTMENT OP supplemented by a written report as re­ TRANSPORTATION HAZARDOUS MATERIALS F. Shipping Information: quired by § 2.20-70. INCIDENT REPORT 21. Name of sh ip p e r.______Submit in duplicate to nearest District 22. Origin address of hazardous materials § 2.20—70 Detailed hazardous materials shipment involved.______incident reports. Commander of the U.S. Coast Guard. If the space provided for any item is not adequate, 23. Name of consignee.______(a) Transportatioh in package, con­continue in “Remarks” keying to the item 24. D estination address of hazardous m a­ tainer etc.: The owner, master, agent, number. Copies of this form will be supplied terials shipment involved.______or person in charge of any vessel of the without charge upon request. Additional United States or any foreign vessel en­ copies in the prescribed format may be repro­ 25. Shipping paper identification and duced and used if on the same size and kind num ber. ______gaged in transporting hazardous ma­ of paper. terials in a package, container, portable G. Remarks: tank, highway vehicle or railroad vehi­ Describe essential facts of incident, includ­ cle (including the loading, unloading or 1 Filed as part of the original document. ing but not limited to, defects, damages,

No. 213—Pt. I----2 FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16834 RULES AND REGULATIONS probable cause, action taken at time dis­ terials, is required to report to the near­ sequently in writing within 15 days of the covered and action taken to prevent future est District Commander of the Coast date of discovery, each incident which incidents. Include any recommendation to improve cargo transfer operation or trans­ Guard immediately by telephone, radio­ occurs on board in which as a direct re­ portation of hazardous materials. Photo­ telephone, or radio message, and sub­ sult of the hazardous materials being graphs and diagrams should be submitted sequently in writing within 15 days of transported any of the circumstances when necessary for clarification. the date of discovery, each incident set forth in § 2.20-65(b) of this chapter Telephone number.______which occurs on board in which as a occurs. In addition, the written report is 26. Date report p rep ared .______direct result of the hazardous materials required in the event there has been an 27. Name of person preparing report.___ being transported any of the circum­ unintentional release of bulk hazardous (e) The notice and report required by stances set forth in § 2.20-65(b) of this materials under certain conditions and this section is in addition to any notice chapter occurs. In addition, the written there has been an unintentional release or report required by the regulations. report is required in the event there has of hazardous materials from a package, (f) For reporting incidents involving been an unintentional release of bulk container, portable tank, highway or hazardous materials in drums, packages, hazardous materials under certain con­ railroad vehicle. portable tanks, containers, highway ve­ ditions and there has been an uninten­ (b) For the definition of hazardous hicles or railroad vehicles, see § 2.20-65 tional release of hazardous materials materials and for the detailed require­ and this section. from a package, container, portable tank, ments of these reports, §§ 2.20-65 and highway or railroad vehicle. (R.S. 4405, as amended, 4462, as amended, 2.20-70 of this chapter should be con­ 4417a, as amended, 4472, as amended, sec. (b) For the definition of hazardoussulted. 6(b) (1), 80 S tat. 937; 46 U.S.C. 375, 416, 391a, materials and for the detailed require­ (R.S. 4405, a amended, 4462, as amended, 170, 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b) ments of these reports, §§ 2.20-65 and 4417a, as amended, 4472, as amended, sec. 6 (35 F.R. 4959)) 2.20-70 of this chapter should be (b) (1), 80 S tat. 937; 46 U.S.C. 375, 416, 391a, consulted. 170, 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b) (35 F.R. 4959)) SUBCHAPTER D— TANK VESSELS (R.S. 4405, as amended, 4462 as amended, PART 30— GENERAL PROVISIONS 4417a, as amended, sec. 6(b) (1), 80 S tat. 937; 46 U.S.C. 375, 416. 391a, 49 U.S.C. 1655(b) (1); SUBCHAPTER I— CARGO AND MISCELLANEOUS Subpart 30.01— Administration 49 CFR 1.46(b) (35 F.R. 4959) ) VESSELS 2. Section 30.01-5(e) (1) is revised to PART 90— GENERAL PROVISIONS SUBCHAPTER H— PASSENGER VESSELS read as follows: Subpart 90.05— Application § 30.01—5 Application of regulations— pa rt 70— GENERAL PROVISIONS TB/ALL. 7. Section 90.05-1 is amended by add­ Subpart 70.05— Application ing a new paragraph (c) to read as fol­ » * * * • lows: (e) * * * § 70.05—3 [Amended] (1) A vessel of a foreign nation signa­ 4. Section 70.05-3 (a) is amended by § 90.05—1 Vessels subject to require­ tory to the International Convention for changing in the first sentence the words, ments of this subchapter. Safety of Life' at Sea, 1960, which has “Except as specifically noted in para­ • * * * * on board a current valid Safety Equip­ graphs (b) and (e) of this section” to (c) Notwithstanding the exception ment Certificate, or a vessel of a foreign the words “Except as specifically noted noted in paragraph (a) (1) of this section, nation having inspection laws approxi­ in paragraphs (b), (e), and (f) of this foreign vessels shall report marine casu­ mating those of the United States, to­ section”. alties, hazardous materials incidents, and gether with reciprocal inspection ar­ 5. Section 70.05-3 is amended by add­ the unintentional release of hazardous rangements with the United States and ing a new paragraph (f ) to read as materials occurring while the vessel is in which has on board a current valid cer­ follows : the navigable waters of the United States, tificate of inspection issued by its govern­ (f) Notwithstanding the exceptionsas required by Subpart 97.07 of this sub­ ment under such arrangements, in either noted in paragraph (b) of this section, chapter and §§ 2.20-65 and 2.20-70 of case, shall be subject only to the require­ foreign vessels shall report marine cas­ this chapter. ments of § 35,01-1 and the safety and ualties, hazardous materials incidents, (R.S. 4405, as amended, 4462, as amended, cargo handling requirements in Subparts and the unintentional release of hazard­ 4417a, as amended, 4472, as amended, sec. 6 35.30 and 35.35 of this subchapter. In ous materials occurring while the vessel (b) (1), 80 S tat. 937; 46 U.S.C. 375, 416, 391a, addition, these vessels shall report is in the navigable waters of the United 170, 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b) marine casualties, hazardous materials States, as required by Subpart 78.07 of (35 F.R 4959) ) incidents and the unintentional release this subchapter and §§ 2.20-65 and 2.20- of hazardous materials occurring while 70 of this chapter. the vessel is in the navigable waters of PART 97— OPERATIONS (RJ3. 4405, as amended, 4462, as amended, the United States, as required by Subpart 4417a, as amended, 4472, as amended, sec. Subpart 97.07— Notice of Casualty 35.15 of this subchapter and §§2.20-65 6(b) (1), 80 Stat. 937; 46 Ü6.C. 375, 416, 391a, and Voyage Records and 2.20-70 of this chapter. 170, 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b) ***** (35 F.R. 4959) ) 8. Part 97 is amended by adding a new (R.S. 4405, as amended, 4462 as amended, § 97.07-13 to read as follows: 4417a, as amended, sec. 6(b) (1), 80 Stat. 937; PART 78— OPERATIONS § 97.07—13 Notice and reports of cer­ 46 U.S.C. 375, 416, 391a, 49 U.S.C. 1655(b) (1); tain hazardous materials incidents. 49 CFR 1.46(b) (35F.R. 4959) ) Subpart 78.07— Notice of Casualty (a) The owner, master, agent or per­ and Voyage Records son in charge of a vessel subject to the PART 35— OPERATIONS 6. Part 78 is amended by adding a newprovisions of this subchapter, engaged in § 78.07-13 to read as follows: the transportation of hazardous mate­ Subpart 35.15— Casualty or rials, is required to report to the nearest Accident Report § 78.07—13 Notice and reports of certain hazardous materials incidents. District Commander of the Coast Guard 3. Part 35 is amended by adding a new immediately by telephone, radiotele­ § 35.15-13 to read as follows: (a) The owner, master, agent or per­ phone, or radio message, and subsequent­ son in charge of a vessel subject to the ly in writing within 15 days of the date § 35.15—13 Notice and reports of certain provisions of this subchapter, engaged in of discovery, each incident which occurs hazardous materials incidents. the transportation of hazardous ma­ on board in which as a direct result of (a) The owner, master, agent or per­terials, is required to report to the near­ the hazardous materials being trans­ son in charge of a vessel subject to the est District Commander of the Coast ported any of the circumstances set forth provisions of this subchapter, engaged Guard immediately by telephone, radio­ in § 2.20-65 (b) of this chapter occurs. In in the transportation of hazardous ma- telephone, or radio message, and sub­ addition, the written report is required in

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 RULES AND REGULATIONS 16835 the event there has been an uninten­ provisions of this subchapter, engaged date of discovery, each incident which tional release of bulk hazardous mate­ in the transportation of hazardous ma­ occurs on board in which, as a direct rials under certain conditions and there terials, is required to report to the near­ result of the hazardous materials being has been an unintentional release of est District Commander of the Coast transported, any of the circumstances hazardous materials from a package, Guard immediately by telephone, radio­ set forth in § 2.20-65(b) of this chapter container, portable tank, highway, or telephone, or radio message, and subse­ occurs. In addition, the written report is railroad vehicle. , , quently in writing within 15 days of the required in the event there has been an (b) For the definition of hazardous date of discovery, each incident which unintentional release of bulk hazardous materials and for the detailed require­ occurs on board in which as a direct re­ materials under certain conditions and ments of these reports, §§ 2.20-65 and sult of the hazardous materials being there has been an unintentional release 2.20-70 of this chapter should be con­ transported any of the circumstances set of hazardous materials from a package, sulted. forth in § 2.20-65(b) of this chapter container, portable tank, highway, or railroad vehicle. (R.S. 4405, as amended, 4462, as amended, occurs. In addition, the written report is 4417a, as amended, 4472, as amended, sec. 6 required in the event there has been an (b) For the definition of hazardous (b) (1), 80 Stat. 937; 46 U.S.C. 375, 416, 391a, unintentional release of bulk hazardous materials and for the detailed require­ 170, 49 U.S.C. 1655(b)(1); 49 CFR 1.46(b) materials under certain conditions and ments of these reports, §§ 2.20-65 and (35 F.R 4959)) there has been an unintentional release 2.20-70 of this chapter should be of hazardous materials from a package, consulted. SUBCHAPTER N— DANGEROUS CARGOES container, portable tank, highway, or (R.S. 4405, as amended, 4462, as amended, railroad vehicle. sec. 3, 70 S tat. 152, sec. 6(b) (1), 80 S tat. 937; PART 146— TRANSPORTATION OR (b) For the definition of harzardous 46 U.S.C. 375, 416, 390b, 49 U.S.C. 1655(b) (1); STORAGE OF EXPLOSIVES OR materials and for the detailed require­ 49 CFR 1.46(b) (35 F.R. 4959)) OTHER DANGEROUS ARTICLES OR ments of these reports, §§ 2.20-65 and SUBSTANCES, AND COMBUSTIBLE 2.20-70 of this chapter should be con­ SUBCHAPTER U— OCEANOGRAPHIC VESSELS LIQUIDS ON BOARD VESSELS sulted. (R.S. 4405, as amended, 4462, as amended, * PART 196— OPERATIONS Subpart 146.02— General Regulations 4417a, as amended, 4472, as amended, sec. Subpart 196.07— Notice of Casualty 6(b)(1), 80 Stat. 937; 46 U.S.C. 375, 416, 9. Part 146 is amended by adding a and Voyage Records new § 146.02-35 to read as follows: 391a, 170, 49 U.S.C. 1655(b) (1); 49 CFR 1.46 (b) (35 F.R. 4959)) 13. Part 196 is amended by adding a § 146.02—35 Notice and reports of cer­ new § 196.07-13 to read as follows: tain hazardous materials incidents. SUBCHAPTER T— SMALL PASSENGER VESSELS § 196.07—13 Notice and reports of cer­ (a) The owner, master, agent or per­ (UNDER 100 GROSS TONS) tain hazardous materials incidents. son in charge of a vessel subject to the provisions of this Subchapter, engaged PART 175— GENERAL PROVISIONS (a) The owner, master, agent, or per­ son in charge of a vessel subject to the in the transportation of hazardous ma­ Subpart 175.05— Application terials, is required to report to the near­ provisions of this subchapter, engaged in est District Commander of the Coast 11. Section 175.05-1 is amended bythe transportation of hazardous mate­ Guard immediately by telephone, radio­ adding a new paragraph (g) to read as rials, is required to report to the nearest telephone, or radio message, and subse­ follows: District Commander of the Coast Guard quently in writing within 15 days of the immediately by telephone, radiotele­ § 175.05—1 Vessels subject to the re­ phone, or radio message, and subse­ date of discovery, each incident which quirements of this subchapter. occcurs on board in which as a direct quently in writing within 15 days of the result of the hazardous materials being date of discovery, each incident which transported any of the circumstances set (g) Notwithstanding the exceptionsoccurs on board in which as a direct re­ forth in § 2.20-65 (b) o f, this chapter noted in paragraphs (a) (1) and (a) (2) sult of the hazardous materials being occurs. In addition, the written report is of this section, foreign vessels shall re­ transported any of the circumstances set required in the event there has been an port marine casualties, hazardous ma­ forth in § 2.20-65 (b) of this chapter oc­ unintentional release of bulk hazardous terials incidents, and the unintentional curs. In addition, the written report is materials under certain conditions and release of hazardous materials occurring required in the event there has been an there has been an unintentional release while the vessel is in the navigable waters unintentional release of bulk hazardous of hazardous materials from a package, of the United States, as required by materials under certain conditions and container, portable tank, highway, or Subpart 185.15 of this subchapter and there has been an unintentional release railroad vehicle. §§ 2.20-65 and 2.20-70 of this chapter. of hazardous materials from a package, (b) For the definition of hazardous (R.S. 4405, as amended, 4462, as amended, container, portable tank, highway, or materials and for the detailed require­ sec. 3, 70 Stat. 152, sec. 6(b) (1), 80 Stat. 937; railroad vehicle. ments of these reports, §§ 2.20-65 and 46 U.S.C. 375, 416, 390b, 49 U.S.C. 1655(b) (1) ; (b) For the definition of hazardous 2.20-70 of this chapter should be con­ 49 CFR 1.46(b) (35 F.R. 4959) ) materials and for the detailed require­ sulted. ments of these reports, §§ 2.20-65 and (R.S. 4405, as amended, 4462, as amended, PART 185— OPERATIONS 2.20-70 of this chapter should be 4472, as amended, sec. 6(b) (1), 80 S tat. 937; consulted. 46 U.S.C. 375, 416, 170, 49 U.S.C. 1655(b) (1); Subpart 185.15— Notice of Casualty (R.S. 4405, as amended, 4462, as amended, 49 CFR 1.46(b) (35 F.R. 4959)) 12. Part 185 is amended by adding asec. 5, 79 S tat. 424, sec. 6(b) (1 ), 80 S tat. 937; 46 U.S.C. 375, 416, 445, 49 U.S.C. 1655(b) (1); new § 185.15-3 to read as follows: 49 CFR 1.46(b) (35F.R. 4959)) SUBCHAPTER O— CERTAIN BULK DANGEROUS § 185.15—3 Notice and reports of certain CARGOES hazardous materials incidents. Effective date. The regulations in this PART 151— UNMANNED BARGES document shall become effective 90 days (a) The owner, master, agent or per­ following the date of publication in the Subpart 151.45— Operations son in charge of a vessel subject to the provisions of this subchapter, engaged in F ederal R eg ister. 10. Part 151 is amended by adding athe transportation of hazardous mate­ Dated: October 27,1970. new § 151.45-11 to read as follows: rials, is required to report to the nearest C. R . B ender, § 151.45—11 Notice and reports of cer­ District Commander of the Coast Guard Admiral, U.S. Coast Guard, tain hazardous materials incidents. immediately by telephone, radiotele­ Commandant. (a) The owner, master, agent, or phone, or radio message, and subse­ [F.R. Doc. 70-14708; Filed, Oct. 30, 1970; person in charge of a vessel subject to the quently in writing within 15 days of the 8:51 a.m.J

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16836 RULES AND REGULATIONS history indicates that this exception respect to the immediate telephonic re­ Title 49— TRANSPORTATION refers to instances where privileged in­ porting requirement was that, under pro­ formation (not required by law, and that posed criteria, the Department would be Chapter I— Hazardous Materials Reg­ would not customarily be released to the receiving telephonic notification in many ulations Board, Department of public) is voluntarily furnished and instances where it was not clear that the Transportation received in confidence. Examples are incident would be of such significance to [Docket No. HM-36; Amendments Nos. 171-7, commercial or financial information require any immediate action by anyone 173-39,174-7,175-5, 176-3,177-14] submitted with loan applications, or within the Department of Transporta­ information voluntarily given to the tion. Upon reviewing the criteria pro­ REPORTS OF HAZARDOUS Government in confidence for the 'pur­ posed for telephonic notification and the MATERIALS INCIDENTS pose of compiling statistics which are experience of the Office of Pipeline Safety then published in the aggregate. under its immediate report requirement The purpose of this amendment to the Moreover, in promulgating the regula­ (which has been in effect for approxi­ Department’s Hazardous Materials Reg­ tions by which the Department imple­ mately 8 months), it has been concluded ulations is to establish uniform require­ mented the Freedom of Information Act that there is justification for further ments for (1) immediate telephonic re­ (49 CFR Part 7), the Secretary an­ limiting the criteria for immediate notifi­ ports of serious incidents involving haz­ nounced that “the policy of the Depart­ cation. This has been done by. (1) in­ ardous materials; and (2) written reports ment will be to make all information creasing the property damage from $5,000 containing detailed information for cer­ available to the public except that to $50,000; (2) eliminating the require­ tain hazardous materials incidents. which must not be disclosed in the na­ ment for a telephonic notification where This amendment is based on a notice tional interest, to protect the right of an it is estimated that the resumption of of proposed rule making published in the individual to personal privacy, or to in­ normal transportation facilities involved F ederal R egister October 29, 1969, sure the effective conduct of public busi­ would be prevented for 2 hours or more; Docket No. HM-36; Notice No. 69-29 (34 ness. To this end, the (regulation) pro­ and (3) by establishing an overall judg­ F.R. 17450). (Ssparate notices of pro­ vides that information will be made mental requirement that carriers should posed rule making were issued by the available to the public even if it falls notify the Department when they believe U.S. Coast Guard and the Federal Avia­ within one of the exemptions set forth that the incident is of such significance tion Administration and were published as to warrant a telephonic notification in the same issue of the F ederal R egis­ in section 552(b), unless the release of that information would be inconsistent even though it does not involve a fatality, ter. Final action on these notices is with the purpose of the exemption” (32 serious injury, or property damage in ex­ announced in documents published at F.R. 9287 (1967) ). cess of $50,000. Incidents involving a sig­ pages 16829 and 16832 of this issue.) A nificant continuing danger to life would number of comments were received in The exemption of documents from mandatory public disclosure merely au­ be one type that would fall into this response to that notice and all of the last category. comments were carefully considered. The thorizes (the Secretary to withhold them, A number of commenters indicated most significant comments and the it does riot compel him to do so. that the 15-day reporting requirement changes that were made in this amend­ Section 7.5b of the Department’s reg­ for the written report might in many ment as a result of the comments are ulations provides that, even though a rec­ cases be difficult to comply with. It is discussed below. ord is exempt from public inspection, recognized that in some cases a carrier A number of comments recommended nevertheless the Department will release may find it difficult to furnish all of the that the reports to be submitted to the it, “unless it determines that the re­ information required in the incident re­ Department on hazardous materials lease of that record would be inconsistent porting form within 15 days of the inci­ incidents should be classified as confi­ with a purpose of” the particular dent. However, the Board believes that in dential and should not be made available exemption. the vast majority of cases this informa­ to the general public. The commenters A number of commenters suggested tion should be available within a few suggested a number of reasons for the that the Department should require car­ days of the incident and that the clerical requested confidentiality. For example, riers to furnish the concerned shipper work involved in completing the form several indicated that the reporters with a copy of each hazardous materials should not delay the submission for would be much more candid if the com­ incident report. The basis for this sugges­ longer than 15 days. In the event the car­ ments were not to be available to the tion wras that the shipper should have an rier is not able to obtain all the necessary general public. opportunity to review the carriers de­ information within the 15-day period, it Most of the arguments for classify­ scription of the incident so that the ship­ may submit the report and file a supple­ ing hazardous materials incident reports per could file a supplementary report if mentary report when the additional in­ as confidential are necessarily specula­ he felt that the carriers report did not formation becomes available. tive. After considering and analyzing all state the facts fairly. While the Depart­ A number of commenters objected to the comments, the Board concludes that ment does not agree that a carrier should the requirement that a detailed written they do not contain any argument sub­ be required to file a copy of each inci­ report must be filed in every case where stantial enough' to require that the re­ dent report with the concerned shipper, there “has been an unintentional release ports be kept confidential. this does not mean that the Department of hazardous materials from a package.” It is the policy of the Department of is not interested in obtaining any supple­ Many commenters felt that the Depart­ Transportation to make information mental information that a shipper may ment would as a result of this require­ available to the public to the greatest wish to provide concerning a hazardous ment be flooded with numerous incident extent possible in keeping with the materials incident. Since the incident re­ reports relating to the release of in­ spirit of the Freedom of Information Act ports will be available to the general pub­ significant amounts of hazardous ma­ (5 U.S.C. 552). In the light of that lic and since it is likely that shippers will terials. These commenters pointed out statute, a refusal to permit the public be appraised of hazardous materials in­ that this would place a substantial and access to accident reports would be con­ cidents of interest to them, any shipper apparently unnecessary paper work bur­ trary to sound policy. The public is is free to review a carrier’s report relat­ den on both the carriers and the Depart­ better served by not keeping such re­ ing to a specific incident and to file sup­ ment. The Board does not feel that it is ports confidential. plemental information on that incident in a position at this time to determine The only statutory exceptions to the with the Department. After the incident whether there are insignificant unin­ basic requirement of disclosure are set reporting system has been in effect for a tentional releases of hazardous materials out in section 552(b). None of these ex­ period of time, the Department will re­ that do not warrant the filing of a writ­ ceptions provides confidentiality for the view its effectiveness and, if it is found ten report. While it may be true that reports under consideration here. Section necessary, additional rule making action under the amendment the Board will 552(b) (4) excepts “trade secrets and could be taken to formalize shipper input receive reports of unintentional releases commercial or financial information ob­ on hazardous materials incidents.. of hazardous materials that may prove tained from a person and privileged or The most significant comments made to be insignificant, the Board does not confidential”. However, the legislative by a large number of commenters with have any criteria at this time on which

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 RULES AND REGULATIONS 16837

it could draw a line between those re­ Sec. PART 173— SHIPPERS leases that should be reported and those 171.15 Immediate notice of certain hazard­ that should not. As experience is gained ous materials incidents. n . Part 173. under this incident report program, the 171.16 Detailed hazardous materials inci­ (A) In Part 173, Table of Contents, program will be subject to continuing dent reports. § 173.11 is canceled. review. If it is found that the present (B) Section 171.15 is added to read as § 173.11 [Canceled] criteria is putting an undue burden on follows: carriers and that the Board is receiving (B) § 173.11 is canceled. unusable or irrelevant incident reports, § 171.15 Immediate notice of certain the Board will not hesitate to review the hazardous materials incidents. reporting requirements and to take (a) At the earliest practicable PART 174— CARRIERS BY RAIL future rule-making action. moment, each carrier who transports FREIGHT A number of commenters made specific hazardous materials shall give notice in HI. Part 174. suggestions as to detailed requirements accordance with paragraph (b) of th is (A) In Part 174, Table of Contents, of the incident report. Many of these section after each incident that occurs §§ 174.508,174.565 are canceled; § 174.506 comments were considered warranted during the course of transportation (in­ is amended to read as follows: and a number of changes have been made cluding loading, unloading and tempo­ rary storage) in which as a direct result Sec. in the report form. For example, many 174.506 Reporting hazardous materials Inci­ commenters pointed out that Item C of of hazardous materials— dents. the proposed report was entitled probable (1) A person is killed; causes while many of the items listed (2) A person receives injuries requir­ (B) . § 174.506 is amended to read as thereunder were not in actuality “prob­ ing his hospitalization; follows: able causes”. The most significant over­ (3) Estimated carrier or other prop­ § 174.506 Reporting hazardous mate­ all comment by. a number of commenters erty damage exceeds $50,000, or rials incidents. on the report form was that it was too (4) A situation exists of such a nature detailed and that it would result in the that, in the judgment of the carrier, it Each carrier shall report incidents Board receiving much more information should be reported to the Department involving hazardous materials to the than is necessary for the purposes for even though it does not meet the criteria Department as required by §§ 171.15 which the report is required. Each of the of subparagraphs (1), (2), or (3) of this send 171.16 of this chapter. In addition, items in the report form has been care­ paragraph, e.g., a continuing danger to each carrier is requested to report each fully reviewed, in the light p f this criti­ life exists at the scene of the incident. such accident to the Bureau of Explo­ cism. The Board does not agree that (b) Each notice required by para­ sives, American Railroads Building, 1920 the report form is unduly detailed nor graph (a) of this section shall be given L Street NW., Washington, D.C. 20036, does the Board believe the completion of the Department by telephone at Area Telephone (202) 293-4048. the form will place any undue burden Code 202 426-1830, and must include the § 174.508 [Canceled] on carriers. Nevertheless, as indicated following information: above, this is the first comprehensive (1) Name of reporter. (C) § 174.508 is canceled. hazardous materials incident reporting (2) Name and address of carrier rep­ § 174.565 [Canceled] resented by reporter. system for all modes of transportation (D) § 174.565 is canceled. and the Board intends to continually (3) Phone number where reporter can review the requirements adopted in this be contacted. amendment in the light of the informa­ (4) Date, time, and location of inci­ PART 175— CARRIERS BY RAIL dent. tion received under its requirements. As EXPRESS both the carriers and the operating ad­ (5) The extent of injuries, if any. ministrations of the Department of (6) Classification, name, and quantity TV. Part 175. Transportation acquire experience under of hazardous materials involved, if such (A) In Part 175, Table of Contents, the new incident reporting system, it may information is available. § 175.660 is amended to read as follows: well be that the Board will wish to re­ (7) Type of incident and nature of Sec. view some of the requirements in the hazardous material involvement and 175.660 Reporting hazardous materials Inci­ form presently adopted. The Board will whether a continuing danger to life dents. be interested in hearing of actual ex­ exists at the scene. perience from carriers in completing the (B) § 175.660 is amended to read as (c) Each carrier making a report follows: forms and their recommendations for under this section shall also make the further changes in the forms, whether report required by § 171.16. § 175.660 Reporting hazardous mate­ deletions therefrom or additions thereto. (C) § 171.16 is added to read as fol­ rials incidents. Due to the time required to prepare, lows: Each carrier shall report incidents in­ print, and distribute adequate supplies volving hazardous materials to the De­ for use, the printed forms may not be § 171.16 Detailed hazardous materials incident reports. partment as required by §§ 171.15 and available at the time this regulation be­ 171.16 of this chapter. comes effective. In that event, a .small (a) Each carrier who transports supply of temporary forms will be dis­ hazardous materials shall report in writ­ tributed for use until receipt of perma- ing in duplicate on DOT Form F 5800.11 PART 176— RAIL CARRIERS IN nent forms. These temporary forms may to the Department within 15 days of the BAGGAGE SERVICE be obtained in limited quantities from date of discovery, each incident that oc­ the Office of Hazardous Materials, De­ curs during the course of transportation V. Part 176. partment of Transportation, Washing­ (including loading, unloading, or tempo­ (A) In Part 176, Table of Contents, ton, D.C. 20590. They may be reproduced rary storage) in which, as a direct result § 176.707 is amended to read as follows: by any company if additional copies are of the hazardous materials, any of the Sec. needed in the interim period. circumstances set forth in § 171.15(a) 176.707 Reporting hazardous materials inci­ ^ consideration of the foregoing, 40 occurs or there has been an uninten­ dents. tional release of hazardous materials CFR Parts 171,173,174,175,176, and 177 (B) § 176.707 is amended to read as are amended as follows: from a package (including a tank). follows: (b ) Each carrier m a k in g a report PART 171— GENERAL INFORMATION under this section shall send that report § 176.707 Reporting hazardous mate­ AND REGULATIONS to the Secretary, Hazardous Materials rials incidents. I. Part 171. Regulations Board, Department of Each carrier shall report incidents in­ <£> In Part 171, Table of Contents, Transportation, Washington, D.C. 20500. volving hazardous materials to the De­ | 5 171.15, 171.16 are added to read as follows: partment as required by §§ 171.15 and ‘Filed as part of the original document. 171.16 of this chapter.

FEDERAL REGISTER, V O L 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16838 RULES AND REGULATIONS

PART 177— SHIPMENTS MADE BY The thrust of the General Motors- ance requirements of the standards. Therefore, notice of, and public proce­ WAY OF COMMON, CONTRACT, AMA-American Motors petitioners is that, because the new rules have an dure upon, these revisions is unnecessary. OR PRIVATE CARRIERS BY PUBLIC impact on the manner in which commer­ As noted above, the petitions of Gen­ HIGHWAY cial motor vehicles are manufactured, eral Motors, Automobile Manufacturers VI. Part 177. the Bureau of Motor Carrier Safety Association, and American Motors have (A) In Part 177, Table of Contents, should defer to the National Highway been mooted to the extent they sought § 177.814 is canceled; § 177.807 is Safety Bureau with respect to their is­ reconsideration of the provisions of amended to read as follows: suance. It is said that enactment of the § 393.93 that apply to vehicles manu­ National Traffic and Motor. -Vehicle factured after the dates upon which Mo­ Sec. Safety Act of 1966 (15 U.S.C. 1381 et tor Vehicles Safety Standards Nos. 207, 177.807 R eporting hazardous m aterials inci­ seq.) evinced a congressional intent to 208, and 210 are effective with respect to dents. vest exclusive jurisdiction to issue safety trucks and buses. Section 393.93 also (B) § 177.807 is amended to read as regulations impinging on vehicle manu­ reaches vehicles manufactured before follows : facturers in the National Highway Safety those dates, however. It requires instal­ § 177.807 Reporting hazardous mate­ Bureau. Further, the petitioners assert lation of seat belt assemblies and anchor­ rials incidents. that it is impracticable for manufac­ ages in vehicles manufactured after De­ turers to be burdened with the obligation cember 31, 1964, and before July 1, 1971. Each carrier shall report incidents in­ of constructing those vehicles which will The petitions for reconsideration have, volving hazardous materials to the De­ be used by carriers subject to the Motor therefore, been considered on their partment as required by §§ 171.15 and Carrier Safety Regulations in conform­ merits as requests for withdrawal of so 171.16 of this chapter. ity with those regulations. much of § 393.93 as applies to vehicles § 177.814 [Canceled] Events occurring after the issuance of that will be manufactured before July 1, the new rules have rendered the petitions 1971. For the following reasons, those (C) § 177.814 is canceled. for reconsideration largely moot. On requests are denied. This amendment is effective Decem­ September 23, 1970, the Director of the It is now clear that, with a relatively ber 31,1970. National Highway Safety Bureau issued minor exception, there will be no'motor (Sec. 831-835, title 18 U.S.C.; sec. 9, Depart­ revisions of the motor vehicle safety vehicle safety standard applicable to oc­ ments OÏ Transportation Act, 49 U.S.C. 1657) standards dealing with installation of cupant restraints in pre-July 1, 1971, Issued in Washington, D.C., on Octo­ seat belt assemblies (35 F.R. 15222), seat commercial motor vehicles. That being ber 27,1970. belt assembly anchorages (35 F.R. so, the possibility, that vehicle manufac­ Carl V. Lyon, 15293), and seating systems (35 F.R. turers might be subject to inconsistent or Acting Administrator, 15290). A principal feature of the revi­ conflicting requirements of the Motor Federal Railroad Administration. sions was to extend the applicability of Carrier Safety Regulations and the Mo­ Standards Nos. 207, 208, and 210 to in­ tor Vehicle Safety Standards is absent. It F. C. T urner, clude commercial buses and trucks which is true, as petitioners point out, that some Administrator, are subject to the jurisdiction of the Bu­ taxicabs, used to transport passengers in Federal Highway Administration. reau of Motor Carrier Safety. The revi­ interstate commerce, are treated as [F.R. Doc. 70-14707; Filed, Oct. .30, 1970; sions will compel vehicle manufacturers “buses” under the Motor Carrier Safety 8:51 a.m.] to construct all trucks and buses—not Regulations and are also deemed "pas­ just those used by carriers subject to senger cars” under the Motor Vehicle the Motor Carrier Safety Regulations— Safety Standards. However, because Chapter III— Federal Highway Admin­ so that properly anchored seats and seat § 393.93 of the Motor Carrier Safety Reg­ istration, Department of Transpor­ belt assemblies will be installed in them ulations incorporates by reference the tation as original equipment. The requirement requirements of the Safety Standards for installation of seat belt assemblies relating to seat belt assemblies and seat SUBCHAPTER B— MOTOR CARRIER SAFETY and seat belt assembly anchorages ap­ belt assembly anchorages in passenger REGULATIONS plies to commercial vehicles manufac­ cars, a manufacturer who constructs ve­ [Docket No. MO-11; Notice No. 70-13] tured on or after July 1, 1971, while im­ hicles in conformity with the Standards PART 393— PARTS AND ACCESSORIES proved seating systems are mandatory on thereby automatically complies with trucks and buses manufactured on or NECESSARY FOR SAFE OPERATION § 393.93. after Jauuary 1, 1972. The absence of conflicting or incon­ Seats, Seat Belt Assemblies, and Seat' In light of these developments, the sistent obligations upon manufacturers Belt Assembly Anchorages Director has decided to make conform­ also tends to undercut the thesis that ing amendments to the new § 393.93 of § 393.93 violates the intent of Congress On June 24, 1970, the Director of the the Motor Carrier Safety Regulations so in enacting section 103 (g) of the National Bureau of Motor Carrier Safety added a that vehicles manufactured on or after Traffic and Motor Vehicle Safety Act of new § 393.93 to the Motor Carrier the effective dates of the revised safety 1966, 15 U.S.C. 1392(g). That section for­ Safety Regulations, requiring the instal­ standards need only conform to the re­ bids the adoption or continuation of a lation of properly anchored seats, seat quirements of the standards. As noted motor carrier safety regulation which belt assemblies, and sleeper berth re­ above, the resultant regulatory scheme differs^rom a motor vehicle safety stand­ straints in certain motor vehicles (35 adds no new burden for vehicle manu­ ard unless the regulation imposes upon F.R. 10859). General Motors Corp., Amer­ facturers who, if they comply with the a commercial vehicle "a higher standard ican Motors Corp., and the Automobile applicable motor vehicle safety stand­ of performance subsequent to its manu­ Manufacturers Association have sought ards, will thereby automatically con­ facture than that required to comply reconsideration of that amendment inso­ struct vehicles that conform to the with the applicable Federal standard at far as it pertains to new vehicles. The requirements of § 393.93. At the same the time of manufacture.” On its face, Center for Auto Safety and two inter­ time, the amendments do not impose any section 103(g)’s prohibition is inappli­ ested individuals (Reuben B. Robertson additional burden on carriers, since the cable to a motor carrier safety regulation III and Jonathan A. Rowe) have filed a required equipment will, of necessity, be which simply adopts the requirements of joint petition in opposition to the Gen­ supplied by vehicle manufacturers. After the relevant motor vehicle safety stand­ eral Motors request and have asked that, they begin operating the vehicles, the ards. Nor does it appear to reach a situa­ in the event General Motors’ petition is carriers need only maintain them so that tion in which there is no motor vehicle granted, consideration be given to ex­ the seats, seat belt assemblies, and seat safety standard applicable to the vehi­ tending the newTules to vehicles and belt assembly anchorages supplied as cles or aspect of performance governed occupant positions to which they are now original equipment remain installed and by the motor carrier safety regulation. In inapplicable. capable of complying with the perform­ those instances, it is clearly impossible

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 RULES AND REGULATIONS 16839 for the regulation to “differ” from a have always had a number of inherent turers Association are denied. In view standard. advantages over large mass producers. of this disposition, the petition of the The available legislative history shows Those advantages are endemic to a free Center for Auto Safety, Reuben B. Rob­ that section 103(g) of the Act was the enterprise economy geared to a mass ertson III, and Jonathan A. Rowe is product of Congressional concern to pre­ market, and they are more than com­ deemed moot and requires no further clude the possibility that vehicle manu­ pensated for by the large manufacturers’ action. facturers might be subject to conflicting greater potential for technological in­ In consideration of the foregoing, or inconsistent regulations. Where, as novation and superior ability to achieve § 393.93 of the Motor Carrier Safety here, there is no reason for concern about economies of scale. In these circum­ Regulations in Part 393 of Title 49, CFR conflict or inconsistency, neither the let­ stances, the impact of § 393.93 on the (35 F.R. 10860) is revised to read as set ter or section 103(g) nor its rationale competitive balance of power seems little forth below. Since this reviison changes requires the Bureau of Motor Carrier more than trivial. only the- provisions of § 393.93 which are Safety to abdicate its statutory respon­ Several petitioners have urged with­ effective with respect to vehicles manu­ sibility to regulate the safety of equip­ drawal of the rule on the ground that factured on July 1, 1971, and thereafter, ment operated by commercial motor manufacturers cannot reasonably be ex­ carriers. the revised rule is effective on the date pected to subject their vehicles to de­ of its publication in the F ederal Furthermore, the legislative history of structive tests to ascertain whether they R egister. the National Traffic and Motor Vehicle conform to provisions of the Motor Ve­ . Safety Act shows that Congress was well (Sec. 204, Interstate Commerce Act, as hicle Safety Standards which are in­ amended (49 U.S.C. 304), sec. 6, Department aware of the fact that, since 1936, the corporated into the rule by reference. of Transportation Act (49 U.S.C. 1655), dele­ power to establish reasonable require­ There is, however, no imperative neces­ gation of authority by the Secretary of ments with respect to safety of equip­ sity for destructive testing even in the T ransportation in 49 CFR 1.48, and delega­ ment used by motor carriers (found in case of standards which set forth per­ tion of authority by the Federal Highway section 204(a) of the Interstate Com­ formance requirements in terms of tests Administrator in 49 CFR 389.4) merce Act, 49 U.S.C. 304(a)) had been that may be destructive. Requirements Issued on October 27, 1970. exercised in a manner which required of that type, as the Director of the Na­ parts and accessories to be installed in tional ^Highway Safety Bureau has R obert A. K aye, vehicleis as original equipment. From the pointed out, “are simply methods of ex­ Director, Bureau of outset, it was recognized that, in many pressing necessary characteristics of each Motor Carrier Safety. areas significantly related to safety, ade­ vehicle produced. Manufacturers must, § 393.93 Seats, seat belt assemblies, and quate vehicle systems must be built in, of course, * * * exercise due care to in­ seat belt assembly anchorages. not simply added on. Thus, the initial sure that their vehicles will meet these safety regulations, issued in 1936 and tests, but may develop efficient, economi­ (a) Buses—II) Buses manufactured effective the following year (Ex Parte cal and reliable methods, other than per­ on or after January 1, 1965, and "before MC-4, 1 MCC 1) required commercial forming the stated destructive tests, to July 1, 1971. After June 30, 1972, every vehicles to be equipped to specifications do this.” (Occupant Crash Protection bus manufactured on or after January that could be met only by their manu­ (Notice), 35 F.R. 7187, 7188, (1970)). 1, 1965, and before July 1, 1971, must be facturers. There is nothing in the text Furthermore, even in cases where the equipped with a Type 1 or Type 2 seat or history of the National Traffic and manufacturer chooses to perform the belt assembly that conforms to Motor Motor Vehicle Safety Act which evinces specified tests, the testing program in­ Vehicle Safety Standard No. 2091 in­ an intent to enact a sweeping abolition of variably is performed on a sample basis, stalled at the driver’s seat and seat belt this traditional regulatory policy. In­ rather than by testing every vehicle that assembly anchorages that conform to stead, as noted above, Congress adopted comes off the assembly line. There is the location and geometric requirements a more narrow rule. every reason to believe that the same of Motor Vehicle Safety Standard No. If the need to construct commercial practice would be followed in the case of 2101 for that seat belt assembly. vehicles used by regulated motor car­ commercial vehicles equipped with the (2) Buses manufactured on or after riers has cast an undue burden on manu­ occupant protection devices required by July 1, 1971. Every bus manufactured facturers, the experience of the Bureau the rules. Hence, the contention that on or after July 1, 1971, must conform of Motor Carrier Safety in many years compliance testing would place an un­ to the requirements of Motor Vehicle of revising and refining the regulations, reasonable burden on manufacturers Safety Standard No. 2081 (relating to has failed to disclose it. General Motors’ must be rejected. installation of seat belt assemblies) and petition argues that because only some Motor Vehicle Safety Standard No. 2101 of the commercial vehicles manufac­ As noted above, § 393.93 stands as the (relating to installation of seat belt tured will be subject to the Motor Car­ only Federal regulation requiring the assembly anchorages). rier Safety Regulations, issuance of rules installation of seat belts and other occu­ (3) Buses manufactured on or after applicable only to those vehicles places pant restraints on vehicles manufactured January 1,1972. Every bus manufactured the large, mass-production manufac­ before July 1, 1971. It follows that with­ on or after January 1, 1972, must con­ turer at a competitive disadvantage to drawal of § 393.93 would be detrimental form to the requirements of Motor Ve­ smaller manufacturers who build vehi­ to the interests of persons who would hicle Safety Standard No. 2071 (relating cles to their customers’ orders. In prac­ otherwise benefit from the availability to seating systems). of that equipment. The consequence of tice, however, the larger manufacturers accepting the petitioners’ argument is (b) Trucks and truck tractors—(1) have exhibited no indication that they that, for example, drivers of pre-July 1, Trucks and truck tractors manufactured have incurred an undue burden. In the on or after January 1, 1965, and before case of seat belt assemblies, for example, 1971, trucks and buses operated in inter­ state commerce would not have the op­ July 1, 1971. After June 30, 1972, every examination of General Motors’ own truck and truck tractor manufactured technical literature shows that it now portunity to restrain themselves with properly installed seat belts. As a result, on or after January 1, 1965, and before installs seat belts as original equipment those persons would incur a greater risk July 1, 1971, must be equipped with a °y its trucks that are equipped of death or serious injury than will be Type 1 or Type 2 seat belt assembly that with seats. Furthermore, there is no the case if § 393.93 remains in effect. To conforms to Motor Vehicle Safety Stand­ self-evident hardship in requiring larger ascribe to the Congress which enacted ard No. 2091 installed at the driver’s manufacturers at a minimum to offer the National Traffic and Motor Vehicle seat and at the right front outboard seat, safety equipment as optional equipment Safety Act an intent to mandate that if the vehicle has one, and seat belt for inBtallation on commercial vehicles assembly anchorages that conform to the to be operated in interstate or foreign result is as ill-founded as the belief that the Department charged with carrying location and geometric requirements of commerce. Motor Vehicle Safety Standard No. 2101 The argument that § 393.93 helps small out the Act would willingly permit it. for each seat belt assembly that is re­ manufacturers—even if true—is not a For the foregoing reasons, the peti­ quired by this subparagraph. Persuasive reason for withdrawing the tions of General Motors Corp., American rule, however. Specialty manufacturers Motors Corp., and Automobile Manufac- See footnote at end of document.

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16840 RULES AND REGULATIONS (2) Trucks and truck tractors-manu­ sealed beam headlamp units, lamp bulbs, power in connection with dual intensity factured on or after July 1, 1971. Every and plastic lenses. signals, allowance for multiple compart­ truck and truck tractor manufactured The proposal to include replacement ment lamps, and retention of the present on or after July 1, 1971, except a truck equipment on vehicles manufactured on Class B intensity for motorcycle stop or truck tractor being transported in or after the effective date of the stand­ lamps. driveaway-towaway operation and hav­ ard (July 1, 1971) has been adopted. Dual intensity signals have not been ing an incomplete vehicle seating and However, the proposal to include all re­ proposed, and since time is required for cab configuration, must conform to the placement sealed beam headlamp units, development and implementation of requirements of Motor Vehicle Safety lamp bulbs, and plastic lenses on vehicles such a proposal, a requirement for in­ Standard No. 2081 (relating to installa­ manufactured prior to that date has creased minimum candlepower in stop tion of seat belt assemblies) and Motor been deferred because of the difficulties lamps cannot be deferred. No justifica­ Vehicle Safety Standard No. 2101 (relat­ involved in retrofitting vehicles that were tion has been found for not requiring ing to installation of seat belt assembly not originally manufactured to conform Class A intensity for motorcycle stop anchorages). to Standard No. 108. Further study is lamps. The standard is therefore being (3) Trucks and truck tractors manu­ necessary of the problems, leadtime, and amended as proposed, with clarifying factured on or after January 1, 1972. costs involved in designing and testing provisions for multiple compartment Every truck and truck tractor manufac­ replacement equipment for older vehicles stop lamps. tured on or after January 1, 1972, except that meets the standards required of (g) It was proposed that motorcycles a truck or truck tractor being transported motor vehicles manufactured today. should be equipped with turn-signal in driveaway-towaway operation and (b) The present intermediate side lamps, that there be a maximum candle- having an incomplete vehicle seating and marker device requirement covering power limitation on amber rear-mounted cab configuration, must conform to the vehicles 30 feet or more in overall length, lamps, and that minimum photometric requirements of Motor Vehicle Safety and 80 inches and more in overall width, output of head and tail lamps at engine Standard No. 2071 (relating to seating has been extended to cover vehicles of idle speeds should be specified. systems). lesser width. Several comments objected to the (c) Effective date of standards. When­ Commenters requested that the overall maximum candlepower proposal and the ever paragraph (a) or (b) of this sec­ length of a trailer be interpreted to ex­ mounting requirements specified in the tion requires conformity to a Motor Vehi­ clude the length of the trailer tongue. proposed Table IV. Also, comments indi­ cle Safety Standard, the vehicle or However, it has been determined that cated potential problems if minimum equipment must conform to the version when the rear of a trailer is 30 feet or photometric output were specified, sug­ of the Standard that is in effect on the more from the towing vehicle, interme­ gesting instead a reference to SAE date the vehicle is manufactured or on diate side marker devices are warranted, Recommended Practice J392, “Motor­ the date the vehicle is modified to con­ regardless of he length of the trailer cycle and Motor Driven Cycle Electrical form to the requirements of paragraph tongue. System Maintenance of Design Voltage”, (a) or (b) of this section, whichever is (c) SAE Standard J594d, “Reflex December 1969. Reflectors”, has replaced J594c as the Glare candlepower tests on signal later. basic reference for this item of lighting lamps installed on the rear of motor [F.R. Doc. 70-14666; Piled, Oct. 30, 1970; equipment. Some commenters felt that vehicles have consistently indicated that 8:47 a.m.] Class B reflectors (eliminated in J594d) a specification in excess of 300 candle- should still be permitted for motorcycles, power for both red and amber lamps is not desirable. A manufacturer encoun­ Chapter V— National Highway Safety but the Bureau believes that a motor vehicle whose conspicuity is already mar­ tering problems of exceeding this maxi­ Bureau, Department of Transporta­ ginal should be required to have Class mum with amber lamps has the option tion A reflectors. of using red lamps, which have a lower minimum required candlepower. PART 571— FEDERAL MOTOR (d) Self-canceling turn signal operat­ ing units will be required on all vehicles The detection and interpretation of VEHICLE SAFETY STANDARDS less than 80 inches in overall width. One turn signal lamps improves as they are commenter requested excluding all mounted farther away from the center- Lamps, Reflective Devices, and line of the vehicle and from other lamps. Associated Equipment trucks, truck tractors, and commercial vehicles regardless of vehicle width, and Some motorcycle manufacturers, recog­ On January 3, 1970, a proposal to several commenters requested the elim­ nizing this fact, have installed the turn amend Federal Motor Vehicle Safety ination of the requirement for cancella­ signal lamps in the ends of the handle­ Standard No. 108 (Docket No. 69-18) was tion by steering wheel rotation. bars, exceeding the requirements adopted published in the F ederal R egister (35 Since the operation of vehicles less in the amendment. The mounting re­ F.R. 106). Comments were requested on than 80 inches in overall width is similar quirements for these lamps specified in 25 proposed amendments. to that of passenger cars, and most mul­ Table IV are considered reasonable and Interested persons have been afforded tipurpose passenger vehicles and other practicable for motorcycles. an opportunity to participate in the rule­ vehicles of lesser width are operated by The standard is being amended as pro­ making process and their comments have drivers other than professionals, their posed, except that minimum photometric been considered in the amendments pub­ exclusion from this requirement is not output of headlamps and taillamps at lished today. Except as otherwise noted, warranted. engine idle speeds is not specified. Mini­ the amendments are effective July 1, The Bureau is studying automatic.can- mum photometries are currently being 1971. The amendments are discussed be­ cellation by time or distance, or both, but studied for further rulemaking. Since low in the order in which the proposals current evidence indicates that these an incorporation by reference to SAE were published. Unless otherwise indi­ methods, given the state of the art, are Recommended Practice J392 was not cated, there were no significant objec­ inferior to cancellation by steering wheel proposed, it is beyond the scope of this tions to the proposals that are being rotation. rulemaking to incorporate it in the (e) As proposed, amber has been elim­ amendment. ' adopted. (h) Aging and weathering require­ (a) It was proposed that Standard No. inated as an optional color of the stop lamp. ments for plastic materials used for 108 be extended to include requirements optical parts are specified. Although the for replacement lighting equipment on (f) The minimum candlepower of any separately mounted stoplamp will equal comments generally supported this re­ vehicles manufactured to comply with vision, many requested a more realistic Standard No. 108, and all replacement that of a Class A turn signal lamp. Many commenters requested a longer test than continuous operation of stop leadtime to comply. The requests have and backup lamps in an oven for 1 hour 1 Individual copies of Motor Vehicle Safety been found reasonable, and good cause to determine lens warpage. Accordingly, Standards may he obtained from the National has been shown for an effective date of the amendment requires a cycle of opera­ Highway Safety Bureau’s General Services tion of 10 minutes’ duration followed by Division, Room 61110, Nassif Building, 400 January 1, 1973. Other comments sug­ Seventh Street SW., Washington, D.C. 20591. gested consideration of stop lamp candle- 10 minutes’ rest during the 1 hour test.

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 RULES AND REGULATIONS 16841 Comments suggesting extending the 2- 108 that lighting equipment “shall be (r) No lamps that are normally year outdoor exposure test to 3 years and designed to conform” to the stated re­ steady-burning will be allowed to flash additional oven test details were beyond quirements. The SAE recognizes the automatically for signaling purposes, ex­ the scope of the proposal, and will be problem by specifying an allowable per­ cept headlamps and side marker lamps. considered in future rulemaking actions. centage of failures in SAE Standards Some commenters requested that addi­ (i) As proposed, the words “it is J590b, “Automotive Turn Signal tional lamps be permitted to flash, and recommended t h a t,” “recommenda­ Flasher,” and J945, “Vehicular Hazard some requested that flashing headlamps tions,” or “should be” appearing in any Warning Signal Flasher.” Such a pro­ be prohibited. referenced and subreferenced SAE vision is inappropriate, however, for With the exception of certain signals standard shall be read as setting forth regulatory purposes. It is doubtful that such as turn signals, hazard warning, mandatory requirements, with minor specific failure allowance in a standard and schoolbus warning signals, flashing exceptions covering certain aspects of would correspond with the statutory lamps should be reserved for emergency school bus warning lamps. mandate that “No person shall manu­ and road-maintenance-type vehicles. (j) Specific tolerances for mounting facture for sale * * * any motor vehicle Flashing lamps are otherwise prohibited lamps and reflectors “as far apart as or item of motor vehicle equipment * * * in the Uniform Vehicle Code. Any lamp practicable” were proposed, but have not unless it is in conformity with Cany ap­ may be flashed by the vehicle driver by been adopted. plicable] standard”. <15 U.S.C. 1397(a) merely turning the standard lamp switch Several comments recommended (1)). From a practical standpoint, such on and off, and this standard cannot pro­ adopting the ISO (International Stand­ a provision would tend to make the re­ hibit such operation. However, the de­ ards Organization) requirements that quirement unenforceable except in ex­ finition of “flash” adopted in the amend­ lamps and reflectors be mounted within treme cases, since failures within a single ment makes clear that automatic flashers 16 inches of the edge of the vehicle. lot are statistically inconclusive in deter­ for use with steady burning lamps other Others stated that the Bureau did not mining the extent of failures in overall than headlamps and side marker lamps have the authority to establish tolerances. production. Therefore the sampling pro­ are prohibited. Vehicles having lamps located in con­ visions of the two SAE Standards, origi­ (s) SAE Standard J593c, “Backup formance with ISO regulations may nally incorporated by reference in Stand­ Lamps”, has replaced J592b as the basic create problems of distance judgment ard No. 108, are expressly omitted from reference for these lamps. The clarifica­ resulting in driver error. Lamps could be the standard in this issuance. The omis­ tion is made that the center of the, back­ mounted in a range from a minimum of sion should not cause a hardship, since up lamp lens is the optical center. How­ 25 inches apart on small imported pas­ the “designed to conform” language has ever, because of the leadtime that will senger cars to a maximum of 74 inches been retained. be required for manufacturers to alter apart on standard domestic cars. (o) SAE Recommended Practice their designs, good cause is considered The location of lamps and reflectors is J565b, “Semi-Automatic Headlamp Beam shown for an effective date of January 1, clearly safety related, as it facilitates Switching Devices”, has replaced J565a 1973. clearance and distance estimation, de­ as the basic reference for this item of (t) Headlamp mountings will be re­ tection of signals, and similar functions. lighting equipment. quired to meet SAE Recommended Prac­ The Bureau therefore has the authority (p) It was proposed that all vehicles tice J566, “Headlamp Mountings”. Al­ to establish horizontal mounting toler­ be equipped with a turn signal pilot in­ though some comments suggested that ances, analogous to the vertical toler­ dicator, and that those vehicles not this was a redundant requirement, it has ances that have already been established. equipped to tow trailers (i.e. vehicles been determined that this set of re­ Major changes in lighting requirements with a fixed load flasher) be provided quirements contains important safety may result in the rulemaking action pro­ with a lamp failure indicator. elements such as requiring lateral ad­ ceeding under Docket No. 69-19. New If visible to the rider, motorcycle front justability of motorcycle headlamps, ad­ requirements such as horizontal mount­ turn signal lamps can serve as the pilot justability of all headlamps by one man ing tolerances need relatively long lead- indicator, as permitted in SAE Standard with ordinary tools, and that the aim times. Accordingly, this proposal has not J588d, “Turn Signal Lamps”. will not be disturbed under ordinary con­ been adopted, and the requirement for ditions of service, matters that are not lamps and reflectors is still that they be Many comments objected to the pro­ dealt with elsewhere in Standard No. located “as far apart as practicable.” posal for a lamp failure indicator on 108. (k) Lamps and reflectors must meet vehicles 80 inches or more in overall (u) Turn signal operating units must width. Heavy-duty flashers used on these be capable of meeting a durability test specified visibility angles when mounted vehicles are not presently available with on the vehicle. a failure indicator. However, this type of 100,000 cycles. Most of the comments Some comments pointed out that when flasher is considerably more durable than stated that the 175,000-cycle durability special equipment such as mirrors and test proposed for passenger cars would the fixed-load type, used on vehicles of be difficult to meet and recommended snow plows is mounted on the vehicle lesser width, which indicates a lamp fail­ visibility and photometric test angles that SAE Standard J589a be referenced ure, and the continued use of present instead of J589. Since J589a includes may not be met. The amendment allows heavy-duty flashers for wider vehicles is compliance with this requirement by other changes that were not proposed warranted. Also, vehicles of 80 inches (temperature test, durability test cycle means of auxiliary lighting devices. or more overall width are generally used Items (1) through (o) represents pro­ commercially, and many of them are sub­ rate, and ambient temperature), it is 1 posals which were adopted: beyond the scope of this rulemaking to ject to the regulations of the Bureau of incorporate if by reference in the (l) The axis of side reflex reflectors Motor Carrier Safety of the Federal amended standard. However, a 100,000- for the photometric test has been defined. Highway Administration; such vehicles cycle durability test has been adopted, as (m) The minimum mounting height are more frequently inspected and failed specified in J589a. for reflectors mounted on the rear of lamps more promptly repaired. For the truck tractor cabs will be 4 inches above foregoing reasons, vehicles of 80 or more (v) The mounting requirements for the height of the rear tires. inches overall width are excluded from clearance lamps have been amended to the requirement in the amended stand­ indicate that delineating overall vehicle (n) Combination turn signal and haz­ width, rather than vehicle height, is the ard warning signal flashers will meet the ard for a turn signal lamp failure in­ primary purpose of these lamps, and a requirements applicable to each, when dicator. clarification has been added that clear­ tested in sequence. Manufacturers of (q) As proposed, on vehicles less than ance lamps on truck tractors may be turn signal and hazard warning signal 80 inches in overall width, license plate mounted so as to indicate the width of flashers have commented that economic the cab. factors and the current state of the art in lamps and side marker lamps must be manufacturing lamps preclude a quality on when the headlamps are on, and the (w) Identification lamps must be taillamps, license plate lamps, and side mounted as high as practicable, and the fevel that would totally eliminate occa­ maximum permissible spacing between sional random failures. This condition is marker lamps when the parking lamps the lamps has been reduced from 12 reflected in the language in Standard No. are on. inches to 8 inches.

No. 213—P t. 1— 3 FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16842 RULES AND REGULATIONS Objections to these requirements were by automatic means continuing until 54.1.1.8 For each passenger car, and received primarily because the reduced stopped either automatically or each multipurpose passenger vehicle, spacing would create mounting problems manually. truck, trailer, and bus of less than 80 due to interference with functional hard­ S4. Requirements. inches in overall width the photometric ware, such as air conditioners and door 54.1 Required motor vehicle lighting minimum candlepower requirements for locking mechanisms. The 8-inch maxi­ equipment. side marker lamps specified in SAE mum spacing has been adopted, but spac­ 54.1.1 Except as provided in S4.1.1.1 Standard J592c, “Clearance, Side Mark­ ing 6 to 12 inches apRrt is allowed when through S4.1.1.16, each vehicle shall be er, Identification, and Parking Lamps,” 8-inch maximum spacing is not prac­ equipped with at least the number of November 1968, may be met for all in­ ticable. lamps, reflective devices, and associated board test points at a distance of 15 feet (x) License plate lamps must illu­ equipment specified in Tables I and HE, from the vehicle and on a vertical plane minate the plate from the top or sides as applicable. Required equipment shall that is perpendicular to the longtitudinal only. be designed to conform to the SAE Stand­ axis of the vehicle and located midway This is a standard practice with domes­ ards or Recommended Practices refer­ between the front and rear side marker tic vehicle manufacturers, but not with enced in those tables. Table I applies to lamps. foreign ones. Foreign manufacturers ob­ multipurpose passenger vehicles, trucks, 54.1.1.9 Boat trailers need not be jected because of inadequate leadtime, trailers, and buses, 80 or more inches in equipped with both front and rear clear­ and the proposal has been adopted with overall width. Table HI applies to pas­ ance lamp>s provided an amber (to front) an effective date of January 1, 1973. senger cars and motorcycles and to multi­ and red (to rear) clearance lamp is lo­ (y) A maximum mounting height of 72 purpose passenger vehicles, trucks, trail­ cated at or near thé midpoint on each inches is specified for turn signal lamps. ers, and buses, less than 80 inches in side of the trailer so as to indicate its Objections were received from manu­ overall width. extreme width. facturers of cab-over-engine trucks and S4.1.1.1. A truck tractor need not be 54.1.1.10 Multiple license plate lamps of snow removal equipment who com­ equipped with turn signal lamps and backup lamps may be used to fulfill mented that such a requirement would mounted on the rear if the turn signal the requirements of the SAE Standards restrict turn signal placement. However, lamps at or near the front are so con­ applicable to such lamps referenced in since no exceptions are specified for structed (double-faced) and so located Tables I and HE. headlamp mounting (24-54 inches), none that they meet the requirements for 84.1.1.11 The candlepower for amber are considered necessary for turn signal double-faced turn signals specified in rear turn signal lamps on motorcycles lamps (15-72 inches) for these vehicles. SAE Standard J588d, “Turn Signal shall not exceed 300. Other comments suggested revisions to Lamps”, June 1966. 54.1.1.12 The minimum and maxi­ the standard that went beyond the scope 54.1.1.2 A truck tractor need not be mum candlepower for parking lamps of the proposal. Those that appear to equipped with any rear side marker de­ shall be: have merit will be considered in future vices, rear clearance lamps, and rear rulemaking actions. identification lamps. Test point (degrees) Minimum Maximum In consideration of the foregoing, 49 54.1.1.3 Intermediate side marker de­ candlepower candlepower CFR 571.21, Federal Motor Vehicle vices are not required on vehicles less Safety Standard No. 108, Lamps, Reflec­ than 30 feet in overall length. 10U...... 10L...... 0.8 125 V...... 8 125 tive Devices, and Associated Equipment, 54.1.1.4 Reflective material conform­ 10R...... 8 125 is amended to read as set forth below. ing to Federal Specification L-S-300, 5U...... 20L...... 4 125 10L...... 8 125 Effective date: July 1, 1971, except as “Sheeting and Tape, Reflective; Nonex- 5L...... 1.4 125 otherwise noted in the text of the rule. posed Lens, Adhesive Backing,” Septem­ V .. ... 2.8 125 ber 7, 1965, may be used for side reflex 5R...... 1.4 125 (Secs. 103 an d 119, N ational Traffic and Mo­ 10R...... 8 125 reflectors if this material, as used on 20R...... 4 125 to r Vehicle Safety Act of 1966, 15 U.S.O. 1392, H ...... 20L...... 4 125 1407; delegation of authority from Secretary the vehicle, meets the performance 10L...... 1.4 125 of Transportation to Director of the National standards in Table I of SAE Standard 6L...... 3.6 125 Highway Safety B ureau, 49 CFR 1.51) J594d, “Reflex Reflectors,” March 1967. V_____ 4.0 125 6R...... 3.6 125 Issued on October 22,1970. 54.1.1.5 Except on motorcycles, and 10R...... 1.4 125 on trucks and buses 80 or more inches 20R...... 4 125 5D...... 20L...... 4 250 D ouglas W. T o m s, in overall width, each turn signal oper­ 10L...... 8 250 Director, ating unit shall be self-canceling by 5L...... 1.4 250 V...... 2.8 250 national Highway Safety Bureau. steering wheel rotation and capablet of 5R...... 1.4 250 cancellation by a manually operated 10R...... 8 250 § 571.21 Federal Motor Vehicle Safety 20R...... 4 250 Standards. control. 10D...... 10L...... 8 2ÔÛ ***** 54.1.1.6 A stop lamp on any vehicle V, .8 250 10...... 8 250 M otor Vehicle Safety Standard No. 108 manufactured on or after January 1, 1973, shall meet the photometric mini­ LAMPS, REFLECTIVE DEVICES, AND ASSOCIATED U=up L=left R =right H=horizontal V= mum candlepower requirements for D=down. EQUIPMENT— PASSENGER CARS, MULTIPUR­ Class A red turn signal lamps specified vertical POSE PASSENGER VEHICLES, TRUCKS, BUSES, in SAE Standard J575d, “Test for Motor S4.1.1.13 A motorcycle manufactured TRAILERS, AND MOTORCYCLES Vehicle Lighting Devices and Compo­ before January 1, 1973, need not be 51. Purpose and scope. This standard nents,” August 1967. equipped with turn signal lamps, flash­ specifies requirements for original and 54.1.1.7 Turn signal lamps and stop ers, and switches. replacement lamps, reflective devices, and lamps on each passenger car shall meet 54.1.1.14 A vehicle manufactured be­ associated equipment necessary for sig­ the photometric minimum candlepower fore January 1, 1973, may be equipped naling and for the safe operation of mo­ requirements for Class A red turn signal yith backup lamps conforming to SAE tor vehicles during darkness and other lamps, and shall have effective projected Standard J593b, May 1966, instead ot conditions of reduced visibility. illuminated areas not less than those of SAE Standard J593c, February 1968. 52. Application. This standard applies Class B lamps as specified in SAE Stand­ 54.1.1.15 A vehicle manufactured be­ to passenger cars, multipurpose passen­ ard J575d, “Test for Motor Vehicle fore January 1, 1973, may be equipped ger vehicles, trucks, buses, trailers (ex­ Lighting Devices and Components,” Au­ yith license plate lamps conforming to cept pole trailers and trailer converter gust 1967. If multiple compartment SAE Standard J587b, April 1964, instead dollies), and motorcycles, and to lamps, lamps or multiple lamps are used, the rf SAE Standard J587d, March 1969, and reflective devices, and associated equip­ effective projected illuminated area of ment for replacement of like equipment each compartment or lamp shall be not from the top or sides. on vehicles to which this standard less than that of a Class B lamp; how­ S4.1.1.16 All passenger cars and mo­ applies. ever, Class A photometric requirements may be met by a combination of com­ torcycles, and multipurpose passenger 53. Definitions. “Flash” means a cycle vehicles, trucks, and buses of less than of activation and deactivation of a lamp partments or lamps.

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 RULES AND REGULATIONS 16843 80 inches overall width manufactured in SAE Standard J887, “School Bus Red ments for each lamp, reflective device, before January 1, 1973, may be equipped Signal Lamps,” July 1964, are not re­ and item of associated equipment are with Class B turn signal operating units. quired. met, except that no clearance lamp may Such vehicles manufactured on or after S4.3 Location of required equipment. be combined optically with any tail- January 1, 1973, shall be equipped with 54.3.1 Except as provided in S4.3.1.1 lamp or identification lamp. turn signal operating units designed to through S4.3.1.8, each lamp, reflective S4.4.2 Each combination turn signal complete a durability test of 100,000 device, and item of associated equipment and hazard warning signal flasher shall, cycles. shall be securely mounted on a rigid part when tested consecutively in accordance 54.1.2 Plastic materials used for op­ of the vehicle other than glazing that is with SAE Standard J590b, “Automotive tical parts such as lenses and reflectors not designed to be removed except for Turn Signal Flasher,” October 1965, and shall conform to SAE Recommended repair, in accordance with the require­ then SAE Standard J945, “Vehicular Practice J576b, “Plastic Materials for Use ments of Table I or III and in locations Hazard Warning Signal Flasher,” Feb­ in Optical Parts, such as Lenses and specified in Table n (multipurpose ruary 1966, meet the requirements of Reflectors, of Motor Vehicle Lighting passenger vehicles, trucks, trailers, and both these standards. The sampling pro­ Devices,” August 1966. Plastic materials buses 80 or more inches in overall width) visions in these standards shall be used as inner lenses or those covered by or Table TV (all passenger cars, and omitted. another material and not exposed di­ motorcycles, and multipurpose passenger S4.5 Special wiring requirements. rectly to sunlight shall meet the require­ vehicles, trucks, trailers, and buses less 54.5.1 Each vehicle shall have a ments Of paragraphs 3.4 and 4.2 of SAE than 80 inches in overall width), as means of switching between lower and J576b when covered by the outer lens or applicable. upper headlamp beams that conforms to other material. Each plastic lens shall 54.3.1.1 Each lamp and reflective SAE Recommended Practice J564a, conform to section L, “Warpage Test device shall be located so that it meets “Headlamp Beam Switching,” April 1964, Devices with Plastic Lenses,” of SAE the visibility requirements specified in or to SAE Recommended Practice J565b, Standard J575d, “Test for Motor Vehicle any applicable SAE Standard or Recom­ “Semi-Automatic Headlamp Beam Lighting Devices and Components,” Au­ mended Practice. In addition, no part of Switching Devices,” February 1969. gust 1967, except that a plastic lens for a the vehicle shall prevent the device from stop lamp or a backup lamp shall be meeting the photometric output at any 54.5.2 Each vehicle shall have a tested -with the lamp cycled on for 10 test point specified in any applicable SAE means for indicating to the driver when minutes and off for 10 minutes through­ Standard or Recommended Practice. the upper beams of the headlamps are out the 1-hour warpage test. However, if motor vehicle equipment on that conforms to SAE Recommended 54.1.3 No additional lamp, reflective (e.g., mirrors, snow plows, wrecker Practice J564a, April 1964, except that device, or other motor vehicle equipment booms, backhoes, and winches) prevents the signal color need not be red. shall be installed that impairs the ef­ compliance with this paragraph by any 54.5.3 The taillamps on each vehicle fectiveness of lighting, equipment re­ required lamp or reflective device, an shall be activated when the headlamps quired by this standard. auxiliary lamp or device meeting the re­ are activated in a steady-burning state. 54.1.4 Each school bus shall be quirements of this paragraph shall be 54.5.4 The stoplamps on each ve­ equipped with a system of either: provided. hicle shall be activiated upon applica­ (a) Pour red signal lamps designed 54.3.1.2 When testing the photo­ tion of the service brakes. to conform to SAE Standard J887, metric minimum candlepower specified 54.5.5 The vehicular hazard warning “School Bus Red Signal Lamps,” July in SAE Standard J594d, “Reflex Re­ signal operating unit on each vehicle 1964, and installed in accordance with flectors,” March 1967, the axis of the shall operate independently of the igni­ that standard; or side reflex reflectors shall be perpendic- > tion or equivalent switch, and when (b) Pour red signal lamps designed ular to a vertical plane through the activated, shall cause to flash simultane­ to conform to SAE Standard J887, longitudinal axis of the vehicle. ously sufficient turn signal lamps to meet “School Bus Red Signal Lamps,” July 54.3.1.3 On a truck tractor, the red the turn signal lamp photometric re­ 1964, and four amber signal lamps de­ rear reflex reflectors may be mounted on quirements of S4.1.1.7 (for passenger signed to conform to that standard, ex­ the back of the cab, at a minimum height cars), or Class A photometric values as cept for their color, and except that their not less than 4 inches above the height specified in SAE Standard J588d, “Turn candlepower shall be at least 2 ^ times of the rear tires. Signal Lamps,” June 1966 (for all other that specified for red signal lamps. Both 54.3.1.4 On a trailer, the amber front vehicles). red and amber lamps shall be installed in side reflex reflectors and amber front 54.5.6 Each vehicle equipped with a accordance with SAE Standard J887, side marker lamps may be located as far turn signal operating unit shall also have except that: forward as practicable exclusive of the (i) Each amber signal lamp shall be an illuminated pilot indicator. Except on trailer tongue. a truck, bus, or multipurpose passenger located near each red signal lamp, at the 54.3.1.5 When the rear identification same level, but closer to the vertical vehicle 80 or more inches in overall lamps are mounted at the extreme height width and on any other vehicle equipped centerline of the bus; and of a vehicle, rear clearance lamps need (ii) The system shall be wired so that to tow trailers, failure of one or more not meet the requirement of Table II that turn signal lamps to operate shall be in­ the amber signal lamps are activated they be located as close as practicable to only by manual or foot operation, and if dicated in accordance with SAE Stand­ the top of the vehicle. ard J588d, “Turn Signal Lamps,” June activated, are automatically deactivated 54.3.1.6 The center of the lens re­ 1966. and the red signal lamps automatically ferred to in SAE Standard J593c, “Back­ activated when the bus entrance door up Lamps,” February 1968, is the optical 54.5.7 . On all passenger cars, and is opened. center. motorcycles, and multipurpose passenger 54.1.5 The color in all lighting equip­ 54.3.1.7 On a truck tractor, clear­ vehicles, trucks, and buses of less than 80 ment covered by this standard shall be ance lamps mounted on the cab may be inches overall width: m accordance with SAE Standard J578a, located to indicate the width of the cab, (a) When the parking lamps are April 1965, “Color Specification for Elec­ rather than the overall width of the ve­ activated, the taillamps, license plate tric Signal Lighting Devices”. hicle. lamps, and side marker lamps shall also S4.2 Other requirements. 54.3.1.8 Identification lamps may be be activated; and , , S4-21 The words “it is recommended mounted 6 to 12 inches apart on those (b) When the headlamps are activ­ that,” “recommendations,” or “should vehicles on which the m a x im u m 8-inch ated in a steady-buming state, the tail- be” appearing in any SAE Standard or spacing is not practicable due to inter­ lamps, parking lamps, license plate Recommended Practice referenced or ference with functional hardware such lamps and side marker lamps shall also subreferenced in this standard shall be as door-locking mechanisms. be activated. read as setting forth mandatory require­ S.4 Equipment combinations. S4.6 When activated: ments, except that the aiming pads on S4.4.1 Two or more lamps, reflective (a) Turn signal lamps, hazard warn­ the lens face and the black area sur­ devices, or items of associated equip­ ing signal lamps, and school bus warning rounding the signal lamp, recommended ment may be combined if the require­ lamps shall flash; and

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 (b) All other lamps shall be steady­ 55.1 SAE Standards and Recom­ T able II.—Location op R equired E quipment burning, except that means may be pro­ mended Practices subreferenced by the MULTIPURPOSE PASSENGER VEHICLES, TRUCKS, TRAILERS, AND BUSES, OP 80 OR MORE INCHES OVERALL WIDTH vided to flash headlamps and side SAE Standards and Recommended Prac­ marker lamps for signaling purposes. tices included in Tables I and III and Location on— Height above road paragraphs S4.1.4 and S4.5.1 are those surface measured from S4.7 Replacement equipment. Each Item Multipurpose passenger vehicles, Trailers center of item on lamp, reflective device, or item of asso­ published in the 1970 edition of the SAE trucks, and buses vehicle at curb weight ciated equipment manufactured to re­ Handbook. place any lamp, reflective device, or item 55.2 In subreferenced SAE Standard Headlamps... i Type 1 headlamps at the same Not required...... Not less than 24 height, 1 on each side of the vertical inches, nor more than of associated equipment on any vehicle J575d, “Tests of Motor Vehicle Lighting centerline; Type 2 headlamps at 54 inches. Devices and Components,” August 1967, the same height, 1 on each side of to which this standard applies, shall be the maximum photometric candlepower the vertical Centerline; as far apart designed to conform with this standard. values for one-compartment and two- as practicable. S5. Subreferenced SAE Standards and compartment stop lamps shall be 300 Taillamps...... On the rear, 1 on each side of the On the rear, 1 on each side of the Not less than 15 vertical centerline, at the same vertical centerline, at the same inches, nor more Recommended Practices. candlepower. height, and as far apart as practi­ height, and as far apart as practi- than 72 inches. cable. cable. T able I.—R equired Motor Vehicle Lighting E quipment MULTIPURPOSE PASSENGER VEHICLES, TRUCKS, TRAILERS, AND BUSES, OP 80 OR MORE INCHES OVERALL WIDTH Stoplamps___ On the rear, 1 on each side of the On the rear, 1 on each side of the Not less than 15 vertical centerline, at the same vertical centerline, at the same inches, nor more height, and as far apart as practi­ height, and as far apart as practi­ than 72 inches. Item Multipurpose passenger vehicles, Trailers Applicable SAE standard cable. cable. trucks, and buses or recommended practice License plate At rear license plate, to illuminate At rear license plate, to illuminate No requirement; lamp. the plate from the top or sides. the plate from the top or sides. Headlamps...... ' i 2 white, 7-inch, Type 2 headlamp None...... J580a, June 1966; J579a, units; or 2 white, 5%-inch, Type 1 August 1965; and J566, Backup lamp.. On the rear...... Not required...... No requirement. headlamp units and 2 white Sc­ January 1960.

inch, Type 2 headlamp units. Turn signal At or near the front—I amber on On the rear—1 red or amber on each Not less than 15 REGULATIONS AND RULES lamps. each side of the vertical centerline, side of the vertical centerline, at inches, nor more Taillamps...... 2 red...... 2 red...... J585c, June 1966. at the same height, and as far' the same height, and as far apart than 72 inches. apart as practicable. as practicable. Stoplamps...... 2 red1...... 2 red1...... J586b, June 1966. On the rear—1 red or amber on each side of the vertical centerline, at License plate lamp___ .. 1 white28...... 1 white 28...... J587d, March 1969. the same height, and as far apart as practicable. Reflex reflectors...... 4 red; 2 amber ®...... 4 red; 2 amber__ . J594d, March 1967. Identification On the front and rear—3 lamps, On the rear—3 red lamps as close as On the front only— Side marker lamps____.. 2 red; 2 amber8...... 2 red; 2 amber__ . J592C, November 1968. lamps. • amber in front, red in rear, as close practicable to the top of the ve­ No part of the lamps as practicable to the top of the hicle, at the same height, one on or mountings shall Backup lamp...... 1 white2 ...... None...... J593c, February 1968. vehicle, at the same height, one the vertical centerline, and one on extend below the on the vertical centerline, and one each side of the vertical centerline top of the vehicle’s Turn signal lamps...... 2 Class A red or amber; 2 Class A 2 Class A red or J588d, June 1966. on each side of the vertical center- with lamp centers spaced not less windshield, amber.* amber. line with lamp centers spaced not than 6 inches or more than 8 inches less than 6 inches or more than 8 apart.1 Turn signal operating 1...... None...... J589, April 1964. inches apart.1 unit. Clearance On the front and rear—2 amber On the front and rear—2 amber No requirement. Turn signal flasher, T..... 1 '...... None...... J590b, October 1965, lamps. lamps on fr nt, 2 red lamps on lamps on front, 2 red lamps on omitting sampling rear, to indicate the overall width rear, to indicate the overall width provisions. of the vehicle, one on each side of of the vehicle, .one on each side of the vertical centerline, at the same the vertical centerline, at the same height, and as near the top as height, and as near the top thereof Vehicular hazard warn- 1______None______J910, January 1966. practicable.2 8 as practicable.2 8 8 ing signal operating unit. Intermediate On each side—1 amber lamp located On each side—1 amber lamp located Not less than 15 inches* side marker at or near the midpoint between at or near the midpoint between lamps. the front and rear side marker the front and rear side marker Vehicular hazard warn­ 1 * ...... None...... J945, February 1966, omitting lamps. ing signal flasher. sampling provisions. lamps. Intermediate On each side—1 amber located at or On each side—1 amber located at or Not less than 15 inches Identification lamps__ .. 3 amber; 3 red8...... 3 red...... J592c, November 1968. side reflex near the midpoint between the near the midpoint between the nor more than 60 reflectors. front and rear side reflex reflectors. front and rear side reflex reflectors. inches. Clearance lamps...... 2 amber; 2 red8______...... 2 amber, 2 red... .. J592c, November 1968. Reflex On the rear—1 red on each side of On the rear—1’ red on each side of Not less than 15 inches reflectors. the vertical centerline, as far the vertical centerline, as far nor more than 60 inches. ... J592c, November 1968. apart as practicable, and at the apart as practicable, and at same Intermediate side 2 amber 8_...... ______2 amber8...... same height.* ' height. marker lamps. On each side—1 red as far to the On each side—1 red as far to the rear as practicable, and 1 amber rear as practicable, and 1 amber Intermediate reflex 2 amber8...... 2 amber8...... J594d, March 1967. as far to the front as practicable. as far to the front as practicable. reflectors. Side marker On each side—1 red as far to the' On each side—1 red as far to the Not less than 15 inches; lamps. rear as practicable, and 1 amber rear as practicable, and 1 amber as t See S4.1.1.6. * See S4.1.1.10. * See S4.5.6. 8 See S4.1.1.3. as far to the front as practicable. far to the front as practicable. • See S4.1.1.15; • See S4.1.1.14. ? See S4.4.2. 8 See S4.1.1.2; < See S4.3.1.8. 2 See S4.3.1.7. * See S4.3.1.3. 8 See S4.3.1.5. 8 See S4.1.1.9.

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 T a b l e I I I . —R e q u ir e d M o to r V e h ic l e L ig h t in g E q u ip m e n t T a b l e IV.—L o c a t io n o p R e q u ir e d E q u ip m e n t ALL PASSENGER CARS AND MOTORCYCLES, AND MULTIPURPOSE PASSENGER VEHICLES, TRUCKS, TRAILERS. AND BUSES OF LESS THAN 80 INCHES OVERALL WIDTH ’ ALB PASSENGER CARS AND MOTORCYCLES, AND MULTIPURPOSE PASSENGER VEHICLES, TRUCKS, TRAILERS, AND BUSES, OP LESS THAN 80 INCHES OVERALL WIDTH Passenger cars, multipurpose Applicable SAE Item passenger vehicles, Trailers Motorcycles Location on Height above road trucks, and buses standard or recom­ surface measured mended practice Item Passenger cars, multipurpose pas­ from center of item senger vehicles, trucks, trailers, Motorcycles on vehicle at curb Headlamps...... 2 white, 7-inch, Type 2 ana buses weight headlamp units; or 2 Column 1 Column 2 Column 3 white, 5%-inch, Type 1 J579a, August 1965, Column 4 headlamp units ana 2 and J566, January white, 5$4-inch, Type 2 1960. Headlamps__ Type 1 headlamps at the same On the vertical centerline, except Not less than 24 headlamp units. height, 1 on each side of the verti­ that if two are used, they shall be inches, nor more cal centerline; Type 2 headlamps symmetrically disposed about the than 54 inches. at the same height 1 on each side vertical centerline. of the vertical centerline; as far J566, January 1960 apart as practicable. Taillamps______... 2 red...... 2 red...... J585c, June 1966. Taillamps___ On the rear—1 on each side of the On the rear—on the vertical center- Not less than 15 vertical centerline, at the same line except that if two are used, inches, nor more Stoplamps...... 2 red i 8...... 2redi...... height, and as far apart as prac­ they shall be symmetrically dis­ . J586b, June 1966. ticable. s than 72 inches. License plate lamp. posed about the vertical center- _1 white8 H___ . 1 white8 u — 1 white8 H_____ i: J587d, March 1969. line. Stoplamps__ On the rear—1 on each side of the Parking lamps ...2 amber or white <...... None...... On the rear—on the vertical center- Not less than 15 . J592c, November 1968. vertical centerline, at the same line except that if two are used, inches, nor more Reflex reflectors .. 4 red; 2 amber8__ height, and as far apart as prac­ they shall be symmetrically dis­ than 72 inches. . 4 red; 2 amber — 3 red; 2 amber . J594d, March 1967. ticable. posed about the vertical center- Intermediate side line. 2 amber w...... 2 amber ,0_...... None...... J594d, March 1967. reflex reflectors. License plate At rear license plate, to illuminate At rear license plate...... lamp. the plate from the top or sides. No requirement. Intermediate side 2 amber10.. . . 2 amber u>...... REGULATIONS RULES AND marker lamps. ... None...... J592c, November 1968. Parking lamps. On the front—1 on each side of the Not required...... Not less than 15 vertical centerline, at the same inches, nor more Side marker lamps. height, and as far apart as prac­ than 72 inches. .. 2 red: 2 amber8___ . 2 red; 2 amber ... None...... ■____ . JS92c, November 1968. ticable. Reflex Backup lamp.. .. 1 white8 u___ On the rear—1 red on each side of On the rear—1 red on the vertical Not less than 15 inches . None...... J593c, February 1968. reflectors. the vertical centerline, at the same centerline except that, if two are nor more than 60 height, and as far apart as prac­ used on the rear, they shall be inches. Turn signal lamps.... 2 Class A red or amber; 2 Class A red or 2 Class B amber; J588d, June 1966. ticable. 2 Class A amber.8 1 symmetrically disposed about the amber. 2 Class B red or On each side—1 red as far to the verticdkcenterline. amber.?8 u as practicable, and 1 amber as far On each side—1 red as far to the to the front as practicable. Turn signal 1 9 14 | 1 15 14 rear as practicable, and 1 amber operating unit; . None...... J589, April 1964. as far to the front as practicable. Backup lamp.. On the rear...... Not required...... No requirement. Turn signal flasher.... i 8...... None...... 1 M...... J590b, October 1965, omitting sampling Turn signal At or near the front—1 amber on At or near the front—1 amber on Not less than 15 inches, provisions. lamps.8 each side of the vertical centerline, each side of the vertical centerline nor more than 72 Vehicular hazard i ...... at the same height, and as far at the same height, and having a inches. warning signal . None...... J910, January 1966. apart as practicable. minimum horizontal separation operating unit; On the rear—1 red or amber on each distance (centerline of lamps) of side of the vertical centerline, at 16 inches. Minimum edge to edge Vehicular hazard i 8...... the same height, and as far apart separation distance between lamp warning signal . None____ ... , J945, February 1966, as practicable. and headlamp is 4 inches. flasher; omitting sampling At or near the rear—1 red or amber provisions. on each side of the vertical center- line, at the same height and having a minimum horizontal • i 66 * ®ee 84.1.1.7; 8 See S4.1.1.10. * See S4.1.1.12. 8 See S4 11 2 separation distance (centerline to 7 Se* I4’6«6- * See S4.1.1.11. «See S4.1.1.5. 10 See S4.1.L3! centerline of lamps) of 12 inches. u See S4.1.1.15. u See S4.1.1.14. a See S4.1.1.13. >« See S4.1.1.16. Minimum edge to edge separation distance between lamp and tail or stop lamp is 4 inches. Side marker On each side—I red as far to the Not required...... Not less than 15 inches; lamps. rear as practicable, and 1 amber as far to the front as practicable. Intermediate On each side—1 amber located at or Not required...... Not less than 15 inches; side m&rker near the midpoint between the lamps. front and rear side marker lamps. Intermediate On each side—1 amber located at Not required...... Not less than 15 inches, side marker or near the midpoint between nor more than 60 reflectors. the front and rear side marker reflectors. inches; * Front turn signal lamps not required for trailers. [F.R. Doc. 70-14537; Filed, Oct. 30, 1970; 8:49 »an.] 16845

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16846 RULES AND REGULATIONS November 6, 1970, and from sunrise to become effective in order to effectuate the Title 50— WILDLIFE AND sunset November 7, 1970, through declared policy of the act is insufficient, November 15, 1970, only on the area des­ and a reasonable time is permitted, un­ FISHERIES ignated by signs as open to hunting. This der the circumstances, for preparation open area, comprising 58,400 acres, is for such effective time; and good cause Chapter I— Bureau of Sport Fisheries delineated on a map available at the exists for making the provisions hereof and Wildlife, Fish and Wildlife refuge headquarters, Upham, N. Dak., effective as hereinafter set forth. The Service, Department of the Interior and from the Regional Director, Bureau committee held an open meeting during of Sport Fisheries and Wildlife, Federal the current week, after giving due notice PART 32— HUNTING Building, Fort Snelling, Twin Cities, thereof, to consider supply and market Minn. 55111. Hunting shall be in accord­ conditions for lemons and the need for J. Clark Salyer National Wildlife ance with all applicable State regulations regulation; interested persons were af­ Refuge, N. Dak. covering the hunting of deer subject to forded an opportunity to submit infor­ The following special regulation is the following conditions: mation and views at this meeting; the issued and is effective on date of pub­ (1) All hunters must exhibit theirrecommendation and supporting infor­ lication in the F ederal R eg ister . hunting license, deer tag, game and mation for regulation during the period vehicle contents to Federal and State specified herein were promptly submitted § 32.32 Special regulations! upland officers upon request. to the Department after such meeting game; for individual wildlife refuge The provisions of this special regula­ was held; the provisions of this section, areas. tion supplement the regulations which including its effective time, are identical N orth D akota govern hunting on wildlife refuge areas with the aforesaid recommendation of generally which are set forth in Title 50, the committee, and information concern­ J . CLARK SALYER NATIONAL WILDLIFE REFUGE Code of Federal Regulations, Part 32, ing such provisions and effective time has Public hunting of gray partridge, and are effective through November 15, been disseminated among handlers of sharptailed grouse and pheasant on the 1970. 7 such lemons; it is necessary, in order to J. Clark Salyer National Wildlife Refuge, R obert C. F iel d s, effectuate the declared policy of the act, N, Dak., is permitted from sunrise to Refuge Manager, J. Clark to make this section effective during the sunset November 16, 1970, through De­ Salyer National Wildlife Ref­ period herein specified; and compliance cember 6, 1970, only on the area desig­ uge, Upham, N. Dak. with this section will not require any spe­ nated by signs as open to hunting. This October 26, 1970. cial preparation on the part of persons open area, comprising 58,400 acres of the subject hereto which cannot be com­ total refuge area is delineated on a map [F.R. Doc. 70-14676; Filed, Oct. 30, 1970; pleted on or before the effective date available at the refuge headquarters, 8:48 a.m.] hereof. Such committee meeting was held Upham, N. Dak. 58789, and from the on October 28, 1970. Regional Director, Bureau of Sport (b) Order. (1) The respective quanti­ Fisheries and Wildlife, Federal Building, ties of lemons grown in California and Fort Snelling, Twin Cities, Minn. 55111. Title 7— AGRICULTURE Arizona which may be handled during Hunting shall be in accordance with all Chapter IX— Consumer and Market­ the period November 1, 1970, through applicable State regulations covering the November 7, 1970, are hereby fixed as hunting of gray partridge, sharptailed ing Service (Marketing Agreements follows: grouse and pheasant subject to the fol­ and Orders; Fruits, Vegetables, (1) District 1: 8,000 cartons; lowing special condition: Nuts), Department of Agriculture (ii) District 2: 50,000 cartons; (1) All hunters must exhibit their [Lemon Reg. 451] (iii) District 3: 117,000 cartons. hunting license, game and vehicle con­ (2) As used in this section, “han­ tents to Federal and State officers upon PART 910— LEMONS GROWN IN dled,” “District 1,” “District 2,” “Dis­ request. CALIFORNIA AND ARIZONA trict 3,” and “carton” have the same meaning as when used in the said The provisions of this special regula­ Limitation of Handling tion supplement the regulations which amended marketing agreement and govern hunting on wildlife refuge areas § 910.751 Lemon Regulation 451. order. generally which are set forth in Title 50, (a) Findings. (1) Pursuant to the (Secs. 1-19, 48 S tat. 31, as am ended; 7 U.S.C. Code of Federal Regulations, Part 32, marketing agreement, as amended, and 601-674) and are effective through December 6, Order No. 910, as amended (7 CFR Part Dated: October 29, 1970. 1970. 910), regulating the handling of lemons P aul A. N ic h o l so n , R obert C. F iel d s, grown in California and Arizona, effec­ Refuge Manager, J. Clark Salyer tive under the applicable provisions of Deputy Director, Fruit and Veg­ National Wildlife Refuge, the Agricultural Marketing Agreement etable Division, Consumer Upham, N. Dak. Act of 1937, as amended (7 U.S.C. 601- and Marketing Service. [F.R. Doc. 70-14735; Piled, Oct. 30, 1970; October 26,1970. 674), and upon the basis of the recom­ mendations and information submitted 8:51 a.m.] [F.R. Doc. 70-14677; Filed, Oct. 30, 1970; 8:48 a.m.] by the Lemon Administrative Committee, established under the said amended mar­ [Grapefruit Reg. 75] keting agreement and order, and upon PART 32— HUNTING other available information, it is hereby PART 912— GRAPEFRUIT GROWN IN found that the limitation of handling of THE INDIAN RIVER DISTRICT IN J. Clark Salyer National Wildlife such lemons, as hereinafter provided, will FLORIDA Refuge, N. Dak. tend to effectuate the declared policy of Limitation of Handling The following special regulation is the act. (2) It is hereby further found that it § 912.375 Grapefruit Regulation 75. issued and is effective on date of publi­ is impracticable and contrary to the pub­ cation in the F ederal R eg ister . lic interest to give preliminary notice, (a) Findings. (1) Pursuant to the § 32.32 Special regulations; big game; engage in public rule-making procedure, marketing agreement, as amended, ana for individual wildlife refuge areas. and postpone the effective date of this Order No. 912, as amended (7 CFR Part section until 30 days after publication 912), regulating the handling of grape­ N orth D akota fruit grown in the Indian River Distric hereof in the F ederal R egister (5 U.S.C. J. CLARK SALYER NATIONAL WILDLIFE REFUGE 553) because the time intervening be­ in Florida, effective under the applicable provisions of the Agricultural Marketing Public hunting of deer on the J. Clark tween the date when information upon which this section is based became avail­ Agreement Act of 1937, as amended Salyer National Wildlife Refuge, N. Dak., U.S.C. 601-674), and upon the basis oi is permitted from 12 m. to sunset able and the time when this section must

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 RULES AND REGULATIONS 16847 the recommendations and information [Grapefruit Reg. 43] (2) As used in this section, “handled,” submitted by the Indian River Grapefruit “Interior District,” “grapefruit,” and Committee, established under the said PART 913— GRAPEFRUIT GROWN IN THE INTERIOR DISTRICT IN FLORIDA “standard packed box” have the same amended marketing agreement and or­ meaning as when used in said marketing der, and upon other available informa­ Limitation of Handling agreement and order. tion, it is hereby found that the limita­ § 913.843 Grapefruit Regulation 43. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. tion of handling of such grapefruit, as 601-674) hereinafter provided, will tend to effec-> (a) Findings. (1) Pursuant to the tuate the declared policy of the act. marketing agreement, as amended, and Dated: October 29,1970. (2) It is hereby further found that it Order No. 913, as amended (7 CFR Part P aul A. N ic h o l so n , is impracticable and contrary to the 913), regulating the handling of grape­ Deputy Director, Fruit and Vege­ public interest to give preliminary notice, fruit grown in the Interior District in table Division, Consumer and engage in public rule-making procedure, Florida, effective under the applicable Marketing Service. and postpone the effective date of this provisions of the Agricultural Marketing section until 30 days after publication [P.R. Doc. 70-14736; Piled, Oct. 30, 1970; Agreement Act of 1937, as amended 8:51 a.m.] hereof in the F ederal R eg ister (5 U.S.C. (7 U.S.C. 601-674), and upon the basis 553) because the time intervening be­ of the recommendations and informa­ tween the date when information upon tion submitted by the Interior Grape­ PART 989 — RAISINS PRODUCED which this section is based became avail­ fruit Marketing Committee, established able and the time when this section must under said marketing agreement and or­ FROM GRAPES GROWN IN CAL­ become effective in order to effectuate the der, and upon other available informa­ IFORNIA declared policy of the act is insufficient, tion, it is hereby found that the limi­ Expenses of Raisin Administrative and a reasonable time is permitted, under tation of handling of such grapefruit, the circumstances, for preparation for as hereinafter provided, will tend to ef­ Committee and Rate of Assessment such effective time; and good cause exists fectuate the declared policy of the act. for 1970—71 Crop Year for making the provisions hereof effective (2) It is hereby further found that it Notice was published in the October 14, as hereinafter set forth. The committee is impracticable and contrary to the pub­ 1970, issue of the F ederal R eg ister (35 held an open meeting during the current lic interest to give preliminary notice, F.R. 16090) regarding proposed expenses week, after giving due notice thereof, to engage in public rule-making procedure, of the Raisin Administrative Committee consider supply and market conditions and postponé the effective date of this for the 1970-71 crop year and rate of for Indian River grapefruit, and the section until 30 days after publication assessment for that crop year, pursuant need for regulation; interested persons hereof in the F ederal R eg ister (5 U.S.C. to §§ 989.79 and 989.80 of the marketing were afforded an opportunity to submit 553) because the time intervening be­ agreement, as amended, and Order No. information and views at this meeting; tween the date when information Upon 989, as amended (7 CFR Part 989), regu­ the recommendation and supporting in­ which this section is based became avail­ lating the handling of raisins produced formation for regulation during the able and the time when this section must from grapes grown in California. The period specified herein were promptly become effective in order to effectuate the marketing agreement and order are ef­ submitted to the Department after such declared policy of the act is insufficient, fective under the Agricultural Market­ meeting was held; the provisions of th is and a reasonable time is permitted, un­ ing Agreement Act of 1937, as amended section, including its effective time; are der the circumstances, for preparation (7 U.S.C. 601-674). identical with the aforesaid recommen­ for such effective time; and good cause The notice afforded interested persons dation of the committee, and informa­ exists for making the provisions hereof opportunity to submit written data, tion concerning such provisions and effective as hereinafter set forth. The views, or arguments with respect to the effective time has been disseminated committee held an open meeting during proposal. None were received during the among handlers of such Indian River the current week, after giving due notice prescribed time. grapefruit; it is necessary, in order to thereof, to consider supply and market After consideration of all relevant effectuate the declared policy of the act, conditions for Interior grapefruit, and matter presented, including that in the to make this regulation effective during the need for regulation; interested per­ notice, the information and recom­ the period herein specified; and compli­ sons were afforded an opportunity to mendations submitted by the. Raisin ance with this section will not require submit information and views at this Administrative Committee, and other any special preparation on the part of meeting; the recommendation and sup­ available information, it is found that persons subject hereto which cannot be porting information for regulation dur­ the expenses of the Raisin Administra­ completed on or before the effective date ing the period specified herein were tive Committee and the rate of assess­ hereof .Such committee meeting was held promptly submitted to the Department ment for the crop year beginning Sep­ on October 28, 1970. tember 1,1970, shall be as follows: • U*) Order. (1) The quantity of grape­ after such meeting was held; the pro­ fruit grown in the Indian River District visions of this section, including its ef­ § 989.321 Expenses of the Raisin Ad­ which may be handled during the period fective time, are identical with the afore­ ministrative Committee and rate of ^9yemker 2, 1970, through November 8, said recommendation of the committee; assessment for the 1970-71 crop 1970, is hereby fixed at 150,000 standard and information concerning such provi­ year. packed boxes. sions and effective time has been dis­ (a) Expenses. Expenses (other than (2) As used in this section, “handled,”seminated among handlers of such In­ those specified in § 989.82) in the amount Indian River District,” “grapefruit,” terior grapefruit; it is necessary, in order of $118,150 are reasonable and likely to and “standard packed box” have the to effectuate the declared policy of the be incurred by the Raisin Administrative same meaning as when used in said act, to make this section effective during Committee during the crop year begin­ amended marketing agreement and the period herein specified; and compli­ ning September 1, 1970, for the mainte­ order. ance with this section will not require any special preparation on the part of nance and functioning of the Committee 48 Stat< 31> 85 amended; 7 U.S.C. and the Raisin Advisory Board and for 0 0 1 - 6 7 4 ) persons subject hereto which cannot be such purposes as the Secretary may, in completed on or before the effective date accordance with § 989.79, determine to Dated: October 29, 1970. hereof. Such committee meeting was held on October 27,1970. be appropriate. P aul A. N ic h o l so n , (b) Rate of assessment. The rate of Deputy Director, Fruit and Veg­ (b) Order. (1) The quantity of grape­ assessment for that crop year which each etable Division, Consumer and fruit grown in the Interior District which handler is required, pursuant to § 989.80, Marketing Service. may be handled during the period No­ to pay to the Raisin Administrative Com­ vember 2, 1970, through November 8, mittee as his pro rata share of the ex­ (P.R. Doc. 70-14778; Piled, Oct. 30, 1970: 1970, is hereby fixed at 275,000 standard 8:51 a.m.] penses is fixed at 85 cents per ton appli­ packed boxes. cable to each of the following:

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16848 RULES AND REGULATIONS (1) Free tonnage raisins acquired by sions of the Agricultural Marketing <2) The issuance of this order, amend­ the handler during the crop year, ex­ Agreement Act of 1937, as amended (7 ing the Quad Cities-Dubuque order, is clusive of such quantity thereof as U.S.C. 601 et seq.), and the applicable the only practical means pursuant to the represents the assessable portions of rules of practice and procedure govern­ declared policy of the Act of advancing other handlers’ raisins pursuant to sub- ing the formulation of marketing agree­ the interests of producers as defined in paragraph (3) of this paragraph; ments and marketing orders (7 CFR Part the order as hereby amended; and (2) Reserve tonnage raisins released 900), a public hearing was held upon (3) The issuance of the order amend­ or sold to the handler for use as free certain proposed amendments to the ing the order is approved or favored by tonnage during the crop year; and tentative marketing agreements and to at least two-thirds of the producers who (3) Standard raisins (which he does the orders regulating the handling of during the determined representative pe­ not acquire) recovered by the handler by milk in the Quad Cities-Dubuque, Cedar riod were engaged in the production of the reconditioning of off-grade raisins Rapids-Iowa City, and Des Moines mar­ milk for sale in the marketing area. but only to the extent of the aggregate keting areas. Order relative to handling. It is there­ quantity of the free tonnage portions of Upon the basis of the evidence intro­ fore ordered that on and after the effec­ these standard raisins that are acquired duced at such hearing and the record tive date hereof the handling of milk by other handlers during the crop year. thereof, it is found that : in the Quad Cities-Dubuque marketing (1) The Quad Cities-Dubuque order area shall be in conformity to and in It is further found that good cause as hereby amended, and all of the terms compliance with the terms and condi­ exists for not postponing the effective and conditions thereof, will tend to ef­ tions of the order, as amended, and as time of this action until 30 days after hereby amended, as follows: publication in the F ederal R egister (5 fectuate the declared policy of the Act; UJS.C. 553) in that: (1) The relevant (2) The parity prices of milk, as de­ 1. Section 1063.52 is revised to read provisions of said amended marketing termined pursuant to section 2 of the as follows: agreement and order require that the Act, are not reasonable in view of the § 1063.52 Location adjustments to han­ rate of assessment fixed for a particular price of feeds, available supplies of feeds, and other economic conditions which dlers. crop year which handlers are required (a) For milk received from producers to pay shall be applicable to all free ton­ affect market supply and demand for nage raisins of the crop year and to all milk in the Quad Cities-Dubuque mar­ at a pool plant and disposed of as Class keting area, and the minimum prices I milk or assigned Class I location ad­ reserve tonnage raisins released or sold to justment credit pursuant to paragraph handlers for use as free tonnage during specified in the order as hereby amended, are such prices as will reflect the afore­ (b) of this section and for other source the crop year; and (2) the current crop milk for which a location adjustment year began on September 1, 1970, and the said factors, insure a sufficient quantity of pure and wholesome milk, and be in is applicable, the price specified in rate of assessment fixed herein will auto­ § 1063.50(b) shall be adjusted as follows: matically apply to all such raisins be­ the public interest; and ginning with that date. (3) The Quad Cities-Dubuque order (1) At a plant in Dubuque and Jack- as hereby amended, regulates the han­ son Counties, Iowa, and East Dubuque, (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. dling of milk in the same manner as, 111., subtract 10 cents; 601-674) and is applicable only to persons in the (2) At a plant located outside the Dated: October 28,1970. respective classes of industrial or com­ marketing area and outside the Des P aul A. Nicholson, mercial activity specified in, a market­ Moines, Iowa, marketing area as speci­ Deputy Director, ing agreement upon which a hearing has fied in Part 1079 and 70 miles or more, by Fruit and Vegetable Division. been held. the shortest hard-surfaced highway (b) Additional findings. It is necessary distance as determined by the market {F.R. Doc. 70-14694; Filed, Oct. 30, 1970; administrator, from the nearer of the 8:49 a m .] in the public interest to make this order amending the Quad Cities-Dubuque or­ City Hall, Rock Island, 111., or the Post der effective not later than November 1, Office, West liberty, Iowa, subtract 10 Chapter X— Consumer and Market­ 1970. Any delay beyond that date would cents and subtract an additional 1.5 tend to disrupt the orderly marketing of cents for each 10 miles or fraction ing Service (Marketing Agreements milk in the marketing area. thereof that such distance exceeds 80 and Orders; Milk), Department of The provisions of this order are known miles; and Agriculture to handlers. The decision of the Assist­ (3) During the period November 1, [Milk Order Nos. 63, 70, and 79; Dockets Nos. ant-Secretary containing all amendment 1970, through April 1971 at a plant lo­ AO-105-A33, AO 229-A24, and AO 295-A22] provisions of the Quad Cities-Dubuque cated within the Des Moines, Iowa, order was issued October 18, 1970. The marketing area, add any amount by PART 1063— MILK IN QUAD CITIES- changes effected by this order will not which the price specified in § 1063.50(b) DUBUQUE MARKETING AREA require extensive preparation or substan­ is less than the applicable Class I price at the same location pursuant to Part PART 1070— MILK IN CEDAR RAPIDS- tial alteration in method of operation for handlers. In view of the foregoing, it is 1079 regulating the handling of milk IOWA CITY MARKETING AREA hereby found and determined that good in the Des Moines, Iowa, marketing PART 1079— MILK IN DES MOINES cause exists for making this order area. MARKETING AREA amending the order effective November 1, (b) For purposes of calculating such 1970, and that it would be contrary to adjustments, transfers between pool Order Amending Order the public interest to delay the effective plants shall be assigned Class I disposi­ date of this amendment for 30 days after tion at the transferee plant, in excess of Findings and determinations. The find­ the sum of receipts at such plant from ings and determinations hereinafter set its publication in the F ederal R eg ister . (Sec. 553(d), Administrative Procedure producers, and the volume assigned as forth are supplementary and in addition Class I to receipts from other order to the findings and determinations previ­ Act, 5 U.S.C. 551-559). (c) Determinations. It is hereby deter­ plants and unregulated supply plants, ously made in connection with the issu­ such assignment to be made first to ance of the Quad Cities-Dubuque order mined that: transferor plants having the same Class and of the previously issued amendments (1) The refusal or failure of handlers I price next to transferor plants hav­ thereto; and all of the said previous find­ (excluding cooperative associations spec­ ing a higher Class I price, and then ings and determinations are hereby rati­ ified in sec. 8c (9) of the Act) of more in sequence to the plants having a lower fied and affirmed, except insofar as such than 50 percent of the milk, which Class I price beginning with the plant findings and determinations may be in is marketed within the Quad Cities- at which the highest Class I price would conflict with the findings and determina­ Dubuque marketing area, to sign a pro­ apply. , tions set forth herein. posed marketing agreement, tends to 2. In § 1063.71 paragraph (c) is revised (a) Findings upon the basis of the prevent the effectuation of the declared hearing record. Pursuant to the provi­ policy of the Act; to read as follows:

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 RULES AND REGULATIONS 16849

§ 1063.71 Computation of aggregate payment is not made pursuant to para­ § 1063.14 [Amended] value used to determine uniform graph (b) of this section, at not less 5. Section 1063.14 is amended by in­ price. than the uniform price pursuant to serting the following provision prior * * • * • § 1063.72 adjusted by the butterfat differ­ to the proviso therein: “except that, (c) Add the aggregate of the values ofential computed pursuant to § 1063.81 during the period through April 1971, minus location adjustments and sub­ and the location differential pursuant to milk diverted from a plant located with­ tract the aggregate of all plus location § 1063.82. in the Des Moines, Iowa, marketing area adjustments pursuant to § 1063.82; and ***** as defined in Part 1079 shall be priced ***** 4. In § 1063.82 paragraph (a) is re­at the location of the plant to which 3. In § 1063.80 paragraph (a) is re­vised to read as follows: diverted.” vised to read as follows: (Secs. 1-19, 48 Stat. 31, as amendd; 7 U.S.C. § 1063.82 Location differentials to pro­ 601-674) § 1063.80 Time and method of payment ducers and on nonpool milk. Effective date: November 1, 1970. for producer milk. (a) The uniform price for producer ***** Signed at Washington, D.C., on Octo­ milk pursuant to § 1063.72 received at a ber 29, 1970. (a) On or before the 17th day after pool plant shall be adjusted according R ichard E . L y ng, the end of each month during which to the location of the pool plant, at the Assistant Secretary. milk was received, to each producer for rates set forth in § 1063.52; and [F.R. Doc. 70-14711; Filed, Oct. 30, 1970; milk received from him and for which ***** 8:51 a.m.]

No. 213—Ft. 1— 4 FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31. *970 16850 Proposed Rule Making

(1) Revise the definitions of “carton,” an equivalent of 38 pounds. It is therefore “handle,” and “season and fiscal year”; concluded that the definition of carton DEPARTMENT OF AGRICULTURE (2) Delete the definition of “lemons should be amended as hereinafter set Consumer and Marketing Service available for current shipment,” and add forth, so as to reflect the correct code a definition of “week”; number and weight. [ 7 CFR Part 910 1 (3) Revise the provisions relative to The notice of hearing contained a pro­ [Docket No, AO-144 A-12] establishment and membership, term of posal to revise the definition of “handle”. office, nominations, and selection of the As proposed to be so revised such term LEMONS GROWN IN CALIFORNIA committee; would have made all lemons in the cur­ AND ARIZONA (4) Change the provisions with re­ rent of commerce subject to regulation. Notice of Recommended Decision and spect to order of service by alternates, Currently such definition covers trans­ .and add requirements relative to accept­ actions such as buying, selling, consign­ Opportunity To File Written Excep­ ance of positions on the committee; ing^ transporting, and shipping which tions With Respect to Proposed Fur­ (5) Revise the provisions on commit­ place lemons in the current of commerce ther Amendment of the Marketing tee procedure; to points in the continental United States, Agreement and Order (6) Increase the compensation of Alaska, and Canada. Transactions which members and alternates of the com­ place lemons in the channel of commerce Pursuant to the rules of practice and mittee; to other destinations, the sale of lemons procedure, as amended, governing pro­ (7) Change the provisions on reappor­ on the tree, transportation of lemons ceedings to formulate marketing agree­ tionment of the committee; from the grove to a packinghouse within ments and marketing orders (7 CFR (8) Revise the provisions on expenses the production area for the purpose of Part 900), notice is hereby given of the to conform with the act; having them prepared for market, and filing with the Hearing Clerk of this (9) Change the assessment provisions transportation of lemons to a storage recommended decision with respect to to conform with the act and authorize within the production area in accordance the proposed further amendment of the interest charges on past due assessments ; with rules prescribed by the committee marketing agreement and order (7 CFR (10) Provide for establishment of a fi­ are excluded from such term. No sub­ Part 910), hereinafter referred to col­ nancial reserve; stantial evidence was presented as to the lectively as the “order” regulating the (11) Change the provisions on the necessity for or the practicability of regu­ handling of lemons grown in California computation of prorate bases; lation on the basis contemplated by such and Arizona, effective pursuant to the (12) Revise the provisions with re­ proposed revision and it is concluded provisions of the Agricultural Marketing spect to the marketing policy; that no such revision is warranted. Agreement Act of 1937, as amended (13) Change the provisions on recom­ The definition of the term “season and (7 U.S.C. 601-674), hereinafter referred mendations for regulations; fiscal year” should be revised as herein­ to as the “act”. Interested persons may (14) Change the provisions on issu­ after set forth. Currently such term de­ file written exceptions to this recom­ ance of regulations ; fines “season” and “fiscal year” as being mended decision with the Hearing Clerk, (15) Change the allotment provisions; synonymous and encompassing a period U.S. Department of Agriculture, Room (16) Change the overshipment pro­ beginning November 1 of each year and 112, Administration Building, Washing­ visions; ending October 31 of the following year. ton, D.C. 20250, not later than the close (17) Change the provisions for allot­ The evidence indicates that “season” of business of the 20th day after publica­ ment loans, and provide for transfer of should not be continued as a part of that tion thereof in the F ederal R eg ister . allotment on a purchase and sale basis ; term. As hereinafter discussed “season” Exceptions should be filed in quadrupli­ (18) Delete the provisions relative to will be used in a different sense in the cate. All such communications will be early availability allotment, and add order which will be apparent in the man­ made available for public inspection at provisions for off bloom allotments; ner in which it is used. Such usage will the office of the Hearing Clerk during (19) Realign the boundaries of the not be consistent with a term which de­ regular business hours (7 CFR 1.27(b) ) -. districts; fines it as being synonymous with fiscal Preliminary statement. The public (20) Change the research and de­ year, and therefore season should be hearing, on the record of which the pro­ velopment provisions; deleted from such definition. The ap­ posed amendment of the order is formu­ (21) Authorize an advisory board; and propriate title should be “fiscal year’ lated, was initiated by the Consumer (22) Make conforming changes. which should be defined as a period be­ and Marketing Service as a result of pro­ ginning August 1 of each year and .end­ posals submitted by the Lemon Admin­ (1) Definitions of certain terms are provided in the order so their meaning ing July 31 of the following year, except istrative Committee (established pursu­ that the fiscal year ending July 31, 1971, ant to the marketing agreement and will be clear as to what is meant when such term is used in the order. The term should begin on November 1, 1970. order), N. J. Reibe of Reibe Ranch Corp., Since the current definition of fiscal D. L. Gunter of Arizona Groves, Inc., “carton” is currently defined in the order as standard container number 58 defined year was established, production of lem­ Central California Citrus Exchange, ons has expanded in the producing areas Mid-California Citrus Exchange, Tulare in § 828.83 of the Agricultural Code of California, as amended, of a capacity of in which the growth habits of lemons re­ County Fruit Exchange, Visalia Fruit Ex­ sult in a pronounced seasonal pattern of change, and Tulare Kern Citrus Ex­ approximately 39y2 pounds of lemons, or such other container and capacity as may production. As hereinafter discussed in change. A notice that such public hear­ connection with the proposal to base the ing would be held beginning on May 13, be established by the committee with the approval of the Secretary, or the equiv­ computation of prorate bases in each dis­ 1970, in Room 1540, Courthouse Build­ trict on the “picks” of handlers, it is es­ ing, 312 North Spring Street, Los Angeles, alent thereof. Subsequent to the time this definition of carton was included in the sential that the early season lemons be Calif., was published in the F ederal R eg­ order the Agricultural Code of California included at the beginning of the fiscal is t e r on April 4,1970 (35 F.R. 5587). was reenacted and the section number year. A fiscal year beginning August 1 Material issues. The material issues 828.83 was changed to 43615. Pursuant and ending July 31 would so include such presented on the record of the hearing to the permissive authority to specify lemons and would be an appropriate pe­ were concerned with amending the order an equivalent the committee prescribed riod for financial record purposes. It is therefore concluded that the order to: in its rules and regulations (§ 910.170)

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 PROPOSED RULE MAKING 16851 should be amended consistent with the District 2, and three grower members it is concluded that the provisions of the foregoing and as hereinafter set forth. from District 3. On a district and mar­ order with respect to selection of com­ (2) The term “lemons available for keting organization basis the principal mittee members should be revised as current shipment”, with respect to Dis­ cooperative marketing organization hereinafter set forth. tricts 1 and 3, is defined to mean the tree should be represented by one grower (4) The provisions of the order with crop, and with respect to District 2, the member from District 1, two grower respect to service by alternates should total quantity of lemons delivered to members from District 2, and one grower be amended as hereinafter set forth to handlers during the previous 20-week member from District 3. The other co­ make it clear that unless the grower period. The latter is referred to in the operative group should be represented member has designated an alternate industry as lemon ‘picks”. Lemons avail­ by two grower members from District 2, other than his own alternate to serve in able for current shipment provide the and one grower member from District 3. his absence, his alternate shall act for basis upon which handlers’ prorate bases The nonaffiliated group should be rep­ him, and in the absence of such alternate are computed. As hereinafter discussed resented by one grower member from the additional alternate shall so act. the order should be amended to provide District 3. The notice of hearing contained a pro­ that the average weekly lemon “picks” of Currently each member of the com­ posal to require that the written accept­ handlers during a specified number of mittee has an alternate member. The ance required of each person selected by weeks in each district shall be used as evidence indicates that each grower the Secretary as member or alternate the basis for computing the prorate bases member should have two alternates, one member of the committee should estab­ of handlers. Provision should also be to be known as the alternate and the lish that such person meets the quali­ made for changing the specified number other to be known as the additional al­ fications for membership as established of weeks used in a district in computing ternate. The provision of an additional in the order, wiil serve to the best of his the average weekly “pick” of handlers if alternate for each grower member cou­ ability, Within the best interest of the circumstances warrant such change. The pled with the current provision which industry, and has read and understands pick method and its relationship to lem­ allows a member to designate any alter­ the order as amended. The implication of ons available for current shipment will nate of the same group affiliation to the proposal appears to be that selectees be appropriately explained in the section serve for him would facilitate full com­ should certify as to their qualifications dealing with prorate bases. On the basis mittee participation at all meetings and arid intention with respect to service. thereof, it is concluded that a definition enable better district representation. However, no evidence was submitted to of the term “lemons available for current While grower alternates should be re­ show that any unqualified persons have shipment” is unnecessary and should be quired to have the same group affilia­ been selected to or have accepted posi­ deleted from the order. tion as the members, grower alternates tions on the committee. Since it is in­ The notice of hearing included a pro­ should not be required to be from the cumbent upon the Secretary to ascertain posal to add a definition of “week” in same district as the members, since the that persons nominated for such posi­ the order. No evidence either in support number of grower members varies among tions have the necessary qualifications of or in opposition to such proposal was the districts, and permitting the selec­ prior to selecting them, the form of ac­ offered at the hearing. Hence, such pro­ tion of an alternate or additional alter­ ceptance is a prerogative of the Secre-. posal is deemed to have been abandoned. nate from a district different from the tary. It is therefore concluded that no (3) Under the current provisions of district of the member for whom he is amendment of the provisions with re­ the order the principal basis for allo­ alternate would provide a possible means spect to such acceptance should be made. cating positions on the Lemon Adminis­ of assuring added district representation (5) The order in § 910.28 Procedure trative Committee is marketing organiza­ to a district which has the fewer num­ specifies, among other things, that inso­ tion affiliation, i.e. the growers affiliated ber of members. Provisions for handler far as practicable District 1 and 3 with the principal cooperative market­ members and alternates should be con­ growers filling grower member or alter­ ing organization are assigned a specified tinued on the current basis. nate positions on the committee shall number of positions, growers affiliated The order should be amended as here­ attend and serve as members at meetings with cooperative marketing organiza­ inafter set forth to provide a 2-year term when regulations applicable to their tions other than the principal coopera­ of office for committee members and respective district is being considered. tive marketing organization are assigned alternates beginning on August 1 of each Since each of these districts will be a specified number of positions, and even-numbered year, except that the assigned member positions under the growers not affiliated with any coopera­ term of office ending July 31, 1972, shall order as herein proposed to be amended tive marketing organization are assigned begin on a date designated by the Sec­ this specification no longer will be appro­ a specified number of positions. How­ retary. As hereinbefore discussed the priate. Such specification should there­ ever, district representation is provided order should adopt a fiscal year begin­ fore be deleted, as hereinafter provided. for by provisions requiring that two of ning on August 1. The beginning and (6) The order now provides that com­ the grower members or alternate mem­ ending of the term of office of members mittee members and alternates, when ber positions shall be filled by growers in and alternates to the extent practicable acting as members, shall be reimbursed District 3, and one of the persons filling should continue to coincide with the for expenses necessarily incurred by such positions shall be a grower in Dis­ fiscal year. The exception with respect to them in the performance of their duties trict 1. Another provision specifies that the initial term is necessary in the event and in the exercise of their powers, and to the extent practicable the growers se­ the effective date of the amendment is shall receive compensation at a rate to lected to the committee from such dis­ other than August 1. The order cur­ be determined by the committee, such tricts shall attend and serve as members rently provides for a 2-year term of rate not to exceed $15 for each day, or at meetings when the committee is con­ office. This has been satisfactory, hence portion thereof, spent in attending meet­ sidering regulations applicable to lemons no change in the length of such term is ings of the committee. shipped from the respective district. recommended. The notice of hearing contained a pro­ The order should be amended, as here­ Selection of committee members and posal to increase such rate to $5 for each inafter set forth, to provide that each alternates by the Secretary from nomi­ hour spent in the performance of duties district shall be represented on the com­ nations or from other qualified persons and the exercise of powers, including mittee by a specified number of grower should be continued as currently pro­ travel time. Testimony both in favor of members and that representation rela­ vided in § 910.23. However, the provisions and in opposition to this proposal was tive to marketing organization affiliation of that section should be simplified by given at the hearing. Also, two modifica­ should be continued on the same basis eliminating any repetition of the number tions of such proposal were advanced as that now provided. The evidence of grower and handler members to be and supported at the hearing. One such shows that an appropriate district grower selected from each district and organi­ modification was that the $15 rate cur­ representation at this time, based upon zational affiliation. The recitation of the rently provided in the order be raised relative volume and other relevant fac­ basis of selection can be as well accom­ to $25 and provision be made for reim­ tors, would be one grower member from plished by cross referencing such section bursing alternates for expenses incurred District 1, four grower members from with § 910.22 Nominations. Therefore, in the performance of duties and that

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16852 PROPOSED RULE MAKINQ they be paid compensation for attending compensation for service on the commit­ funds. Authority to apply an interest meetings at the request of the committee, tee is not a primary consideration. It is charge in the described manner would even though they are not acting as mem­ therefore concluded that the increased provide the committee an added means bers in such instances. The second modi­ costs should be recognized and the order of encouraging prompt payment. fication endorsed the first modification should be amended, as hereinafter set (10) The provisions of § 910.42 Ac­ except that it added a provision that forth, to provide that maximum com­ counting should be revised as hereinafter would entitle a member or alternate to pensation shall be at the rate of $25 per set forth to provide for the establishment $50 per day, or portion thereof, in day, or portion thereof, and that alter­ of a financial reserve in an amount not attending any meeting in a district other nates shall be reimbursed for expenses to exceed one-half of a fiscal year’s oper­ than that in which he resides. necessarily expended in the performance ational expenses, and that, with approval Testimony supporting the $5 per hour of their duties and shall receive expenses of the Secretary, any funds in such re­ proposal was primarily that such amount and compensation for attendance at serve shall be available for all expenses would more realistically compensate meetings when such attendance is pur­ authorized pursuant to § 910.40 and to committeemen for services rendered than suant to committee authorization. cover necessary expenses of liquidation the current per diem provision. It sug­ At times it is desirable for alternates in the event of termination of the order. gested that some persons might be pre­ to be present at meetings, even though In addition such provisions should pro­ cluded from accepting a position on the they are not acting as members, to assist vide that upon such termination any committee unless more adequate com­ in the development of a marketing pol­ funds not required to defray expenses of pensation was offered. However, no in­ icy or in other situations where a broader liquidation shall be disposed of in such stance was cited in which this had oc­ viewpoint may be desirable. If such manner as the Secretary may determine curred and it was not contended that attendance is requested by the commit­ to be appropriate, providing that to the such an increase was necessary to secure tee, alternates who attend should be extent practicable such funds should be competent persons to serve on the com­ reimbursed for expenses and receive returned pro rata to those from whom mittee. In fact' such proposal was op­ compensation the same as those who are they were collected. posed on the basis that such an increase serving as members. The establishment of a financial re­ was not necessary to secure competent (7) Current provisions of the order serve in accordance with the foregoing persons to serve and it was advanced authorize reapportionment of committee could improve the stability of fiscal that the principal concern of those who grower and handler membership among operations in a number of ways. In the do serve on the committee is to be of the three categories of marketing organi­ early part of the fiscal year assessment service in dealing with industry prob­ zations with the stipulation that each income may be insufficient to cover ex­ lems, irrespective of the compensation category should have at least one grower penses and the committee must borrow offered. and one handler member and an alter­ money or ask handlers to advance funds The testimony in support of the modi­ nate for each. The order should be against future assessments. A financial fication to increase the maximum per amended as hereinafter set forth to pro­ reserve would provide the committee diem to $25 per day was that such an vide that in any such reapportionment funds with which to maintain its man­ increase would recognize the increase in each district shall be entitled to at least agement and field operations at the be­ costs which have occurred since the $15 one grower member but no district shall ginning of a fiscal year without advances rate was established and that a maxi­ have more than four grower members, from handlers or borrowing. Such re­ mum rate of $25 would be consistent and to specify that in any reapportion­ serve would also provide a source of funds with the per diem being considered for ment or realignment, to the extent prac­ to meet expenses when an unexpected adoption under the Navel and Valencia ticable, such change shall be based upon reduction in the crop due to weather, orange orders (7 CFR Parts 907 and 908) the proportionate amount of lemons overestimation of the crop, or other fac­ covering essentially the same areas and handled by the respective types of mar­ tors, result in assessment income which similar committees. It was advanced in keting organizations and/or production is less than that needed to cover ex­ support of such modification that the within any district. This is the basis penses. Currently, if such occurs, the recognition of such increased costs is upon which membership was initially deficiency must be met by increasing the sufficient since those who serve on the apportioned and the evidence shows that assessment rate. Generally, a deficit may committee do so principally because they this is a desirable basis upon which to not become apparent until late in the want to be of service to the industry in base any reapportionment. With respect year, and the increased assessment then the solution of problems, and compensa­ to the limitation of not more than four must apply to shipment^ of lemons al­ tion for such service is not a critical grower members to any district, this is on ready made as well as those to be made. factor. the basis that no district should have In the case of handlers who have com­ Proponents of the suggested modifica­ a majority of such members in deciding pleted their shipments for the year and tion to pay $50 per diem compensation issues affecting all districts. closed their books, an additional assess­ to members and alternates attending ment puts them in an awkward posi­ meetings in a district other than the one (8) and (9) The order should be tion, particularly those who have han­ in which they reside indicated that this amended as hereinafter set forth to bring dled lemons for the account of growers would recognize the added time and effort the provisions of the sections pertaining and have already remitted the proceeds ‘ expended by such members in traveling to expenses and assessments (§§ 910.40 from sales. Also, the order provides for to and from meetings as compared with and 910.41) into conformity with the collection of assessments during periods time and effort expended by those who currently applicable provisions of the when the order is suspended or is in­ reside in the district in which the meet­ act. Such conformity would make avail­ operative. Although it is likely that ex­ ing is held. However, opposition testi­ able the latitude afforded by the act in penses of the committee would be mony indicated that because of the mode connection with the expenses recom­ reduced during such periods, it is likely of travel available persons traveling mended by the committees for approval also that the crop would be smaller. within the same district may be equally and would thus contribute to efficient Hence, if it were necessary to cover ex­ inconvenienced in attending meetings. administration of the order. Likewise the penses totally from assessments on such None of the evidence indicated that provisions with respect to assessments crop, the assessment rate would be ex­ any of the amounts suggested was con­ should be amended to provide that if a cessive. Such a reserve fund should be sidered to be adequate compensation for handler does not pay his assessments available to cover expenses to avoid back the services rendered and it was obvious within the time prescribed by the com­ billing for assessments, and to avoid from the testimony that persons who mittee, the past due assessment may be the application of a sharply increased serve on the committee do so with the subject to an interest charge at a rate assessment rate. understanding that some sacrifice of established by the committee with the Another desirable use of a financial time and talent is involved in advancing approval of the Secretary. Any substan­ reserve would be to cover necessary ex­ the interests of the industry as a whole. tial delays in the payment of assessments penses of liquidation in the event of The testimony suggests that the inter­ by some handlers give such handlers an termination of the order. It is possible ests of the industry may be better served advantage over others who pay promptly, that the order may be terminated at the by industry-minded individuals to whom and deprive the committee of operational end of a fiscal year, or during a year

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 PROPOSED RULE MAKING 16853 when the production of lemons is re­ of judgment, knowledge of the seasonal handler who has applied for a prorate duced. In such circumstances, it would pattern of production in each district, base for lemons grown in a particular be burdensome to handlers to require and compromise. Marked differences prorate district would then be accom­ payment of an assessment to cover liqui­ exist among the.districts in the condi­ plished by dividing his average weekly dation costs. All handlers receive bene­ tions affecting the growing, harvesting, pick by the total of the average weekly fits from the order’s operation and even and marketing of lemons. These differ­ picks of all handlers who have so ap­ if a handler ceases handling lemons be­ ences pertain to climate and weather, plied. Such method of computation fore the full time of its operation has patterns of fruit growth, cultural prac­ would eliminate the need for judgment expired, it would be appropriate and tices, picking patterns, and extent of decisions with respect to the allocation equitable for such handler to share in storage facilities. These factors deter­ of the limited volume of shipments the expense of liquidation. mine to a large extent the length of time among the districts in the weeks when The amount of the reserve should be lemons can remain on the tree, the life the seasons overlap. It would also elimi­ limited to approximately one-half a of the fruit after picking, and the extent nate the need for the same degree of fiscal year’s operational expenses. Such to which the fruit can be stored. To a precision in estimating the tree crop amount would be sufficient to cover ex­ degree the districts complement each since this would no longer be a factor penses in the manner outlined. How­ other in supplying lemons to the market in the computation of prorate bases or ever, considerable latitude should be as each has a peak production season in the allocation of the limited quantity permitted in the amount so the com­ Which is different from the peak in the among districts. It is therefore con­ mittee may avoid the expense involved other districts. However, the shipping cluded that the order should be in making small refunds. The reserve seasons of the districts overlap each amended, as hereinafter set forth, to should be built up gradually over a period other and the apportionment of allot­ provide for basing the computation of of years. ment among the districts is particularly handlers’ prorate bases for lemons It would be appropriate and in keeping difficult during periods when all three grown in a particular district on the with the desires of the industry to in­ districts have lemons in substantial average weekly quantity of such lemons clude in the annual budget a specific quantities available for shipment. picked and delivered to packinghouses amount for the reserve fund as well as Each district has some storage facili­ in the applicable prorate base period. to transfer to the reserve any other ex­ ties for lemons and stores lemons, as The provision of the order which pro­ cess funds at the end of a fiscal year. a means of providing temperature and vides that each person who proposes to Once the reserve is built up to an appro­ humidity conditions which facilitate the handle lemons as the first handler priate amount indications are that, ex­ development of lemon color and other thereof shall apply for a prorate base cept in rare instances, it could be main­ desirable market characteristics, and at such time and in such manner as may tained through the transfer of excess extending the marketing period in an be designated by the committee should assessment income remaining at the end effort to match the supply with demand. be continued as the committee must of the fiscal year. If such excess exceeds The apportionment of allotments know the handlers for whom they are the amount needed to replenish the re­ among the districts is an intermediate to compute bases. serve, a portion may be placed in re­ step in the proration among handlers of The evidence indicates that the pro­ serve and the remainder refunded pro the limited quantity of lemons which rate base provisions should include suffi­ rata to the handlers from whom it was may be shipped each week from the pro­ cient flexibility to permit adjustments collected. duction area. The ultimate objective is dealing with variations in the seasonal The reserve fund should not be estab­ an equitable proration among handlers picking patterns of handlers, and to rec­ lished or maintained as a revolving fund. of such limited quantity irrespective of ognize differences in the growth habits It is anticipated that the amount of the the district. of lemons among the districts. For ex­ reserve fund attributable to any handler The evidence shows that prorate base ample, in Districts 1 and 3 most lemons would be relatively small, hence it would periods comprised of the immediately are produced from one bloom, and the be impracticable to follow the account­ preceding 8, 16, and 4 weeks, respec­ fruit is harvested and marketed during ing and refunding procedures incident tively, for Districts 1, 2, and 3, appro­ an approximate 6-month period from to a revolving fund. However, records priately reflect differences and practices September through March. Thus in should be kept showing handlers equi­ in such districts and that an equitable about half the year in each of these dis­ ties, so that in the event of termination and orderly basis for prescribing each tricts no lemons are picked. In District 2, of the order the Secretary could make individual handler’s share of the limited the annual lemon production results an appropriate disposition and insofar quantity of lemons that may be shipped from multiple blooms. While the major as practicable refund balances remain­ each week from the production area portion of the crop is produced from the ing to those from whom the funds were could be derived from the average spring bloom, the trees continue to collected. weekly quantity of lemons picked and bloom and set and produce lemons (11) Under current provisions of thedelivered to each handler during the throughout the year. Hence, in District 2 order prorate bases of handlers of Dis­ applicable prorate base period for each the picking of lemons is continuous trict 1 and 3 lemons are computed by district. It further shows that such ap­ throughout the year. However, individ­ dividing each handler’s “tree crop” by plicable prorate base period for each dis­ ual handlers in District 2 may pick in an the total tree crop of all handlers in the trict is sufficiently related to the picking1 intermittent manner, hence there are applicable district. In District 2, each and storage practices followed, so that weeks during which they receive no handler’s prorate base is computed by the average weekly quantity of lemons lemons in their packinghouses. For the dividing the quantity of lemons picked picked and delivered to handlers in such most part differences in the production in such district and delivered to his period constitutes an appropriate meas­ pattern among the districts should be packinghouse in the preceding 20-week ure of the lemons available for current dealt with by establishing an appropri­ period by the quantity so picked and de­ shipment. Hence, the prorate bases of ate but different number of weeks as the livered to the packinghouses of all han­ all handlers could be computed in a prorate base period for each district. But dlers in such district in such period. The manner similar to that currently fol­ this does not provide a means for deal­ quantity so delivered is referred to in lowed in District 2. However, since the ing with the problems which occur each the industry as the lemon “picks” of the prorate base periods of handlers are year in Districts 1 and 3 when picking handler. The present method provides a comprised of a different number of first begins aind continues until seasonal means of prorating the weekly volume weeks for lemons grown in the various picking operations of each handler has of shipments allocated to a district districts the computation should be been carried on for a period equal to among handlers in each district sep­ based on the average weekly quantity the number of weeks in the applicable arately from handlers in other districts. of lemons grown in a particular prorate prorate base period. Therefore, the pro­ However, the method does not provide a district picked and delivered to han­ rate base provisions of the order should basis for dividing the weekly volume of dlers—the “average weekly pick”—in provide, as hereinafter set forth, for the shipments among the districts. This must the applicable prorate base period. The computation of prorate bases on a tran­ be done by the committee on the basis computation of the prorate base of any sitional basis so a handler may receive

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16854 PROPOSED RULE MAKING allotments during the early part of his prorate base computation which bases section. Such provision should provide season based upon a lesser number of his average weekly pick on the progres­ flexibility to meet on a timely basis weeks than that provided in the prorate sively increased number of weeks which changes which may occur in the condi­ base period prescribed for his district. have transpired since the first week of tions affecting the production and mar­ In addition, provision should be made such new period until the applicable keting of lemons in any or all districts, as hereinafter set forth and on the basis number of weeks have transpired. Like­ or situations which are discovered as stated for any handler in Districts 1 or 3 wise, to preserve equities, any such han­ experience is gained in operating on the to receive allotments during the first half dler should be eligible to request and re­ new basis. of his season on an accelerated basis by ceive increased allotment as a starting (12)-(15) The notice of hearing con­ requesting an upward adjustment in his adjustment in a manner similar to that tained proposals to revise the provisions average weekly pick of not to exceed 50 available to District 1 and 3 handlers of the order relative to factors to be percent, with the added provision that subject to such terms and conditions with considered by the committee in formu­ during the latter half of his season the respect to dates and periods of upward lating its marketing policy and recom­ average weekly pick shall be adjusted in adjustment and payback as may be nec­ mending volume regulations. The pur­ such manner and such precautions taken essary to avoid or mitigate undue hard­ pose of such revision was to emphasize in granting such adjustments as may be ship and to preserve equity among the importance of giving consideration necessary to assure repayment of the handlers. to grower returns. The basic purpose of additional allotment he received as a In addition, provision should be in­ the order is, consistent with the act, to result of any such upward adjustment. cluded enabling any handler in any dis­ improve grower returns. The actions of An added provision of adjustment trict to qualify for a different prorate the committee reflect its concern for should also be included which would base period than that established gen­ using the order to achieve such purpose. enable a handler to ship lemons dining erally for his prorate district if the pro­ The testimony on such proposals does the first 2 consecutive weeks begin­ duction or marketing conditions affect­ not show how the statement of addi­ ning with the first picks of a new season ing his operations differ substantially tional factors as proposed would in any on the basis of anticipated allotment he from those prevailing generally in that way change or improve the committee’s will receive in succeeding weeks on such district. ability to formulate recommendations or picks, with the added provision that fu­ While prorate base periods of 8, 16, courses of action which would contribute ture allotments will be reduced by the and 4 weeks, respectively, generally fit to such achievement. Since the commit­ amount of allotment advanced. This the operations of handlers of lemons tee is not precluded from considering provision is needed because of the fact grown in the respective Districts 1, 2, and any factors, stated or not, which have a handler’s prorate base does not reflect 3, operations of some individual handlers a bearing on grower returns, and it is the fruit picked in a given week until may make a different number of weeks generally impractical to state all such 2 weeks afterward, i.e., if lemons are more appropriate for them. For example, factors, it is concluded that such pro­ picked the first week of a month the a handler of lemons grown in District 1 posed revision is unnecessary and should handler would not receive allotment on or 3 who has a greater storage capacity not be made. the basis of that pick until the third in relation to the volume of lemons he However, the sections of the order to week of the month. Ordinarily, lemons handles than average would likely find which such proposals refer (§§910.50, would not be sufficiently conditioned for that basing his prorate base on a greater 910.51, 910.52, and 910.56) contain refer­ shipment until at least 2 weeks after number of weeks would be more appro­ ences to the establishment of regulations harvest, but some may be ready for ship­ priate than basing it on the number of by district. Since these sections, as herein ment earlier and provision should be weeks generally specified for handlers of proposed to be amended, do not propose made to permit shipment. such lemons. Likewise, a handler of to regulate separately by district, each However, it is recognized that the com­ lemons grown in District 1 or 2 who is of said sections should be appropriately mittee may, in basing its determination not as well equipped with respect to revised, as hereinafter set forth, to re­ on the handler’s historical performance, storage as the average handler of lemons move the references to “each district” designate a week which may not coin­ grown in the same district may find a when the implication is that recommen­ cide with the middle week of the han­ lesser number of weeks more appropri­ dations for regulation or issuance of reg­ dler’s current picking season; and han­ ate. Additionally, the general quality of ulations will be on a district basis. Also, dler’s operations may be detrimentally lemons available to a handler and his § 910.50 prescribes a time by which mar­ affected by weather factors such as timing of picking in relation to the stage keting policy meetings shall be held in freezing or drought. In the event any of maturity of such lemons affects the each district. Since the production area such does occur, a handler may not re­ length of time his lemons can be kept for purposes of volume regulation will ceive sufficient allotment within the sea­ in storage prior to shipment. Therefore, be considered as the area of regulation, son after repayment is begun to offset the order should provide that, within the separate marketing policy meetings by the allotment he received as a result of limits of 4 and. 16 weeks, handlers of district should not be required and are the upward adjustment. Any unpaid bal­ lemons grown in any district should be not contemplated, therefore, the order ances of allotment remaining at the end able to qualify for a prorate base com­ should specify a single date by which of a season are likely to be small and it puted on a different number of weeks the marketing policy meeting, or meet­ would unnecessarily complicate handlers than that used generally to compute the ings, shall have been held. Such date operations and order administration to prorate bases of handlers for lemons should be near the beginning of the fiscal require repayment of such balances in grown in the same district. The evidence year so the policy developed can be in the following season; therefore it is con­ indicates that the limitations of 4 and effect to cover such year’s operations. cluded that such repayment should not 16 weeks are reasonable and desirable It was advanced that an appropriate be required. at this time to facilitate committee oper­ date would be August 15, with provision Adjustments comparable to those pro­ ations, and that these numbers of weeks for the committee to change such date vided for handlers of District 1 and 3 constitute practical limits within which with approval of the Secretary if later lemons should be provided for handlers the operations of any handler in any dis­ developments show that another date of District 2 lemons which will enable trict can be accommodated. would be more appropriate. It is there­ such handlers to cope with interruptions The order also should provide that the fore concluded that the order should be of 8 weeks or more in their opera­ committee, with approval of the Secre­ amended accordingly, as hereinafter set tions. The evidence shows that handlers tary, may modify the manner of com­ forth. of District 2 lemons whose picks are in­ putation, effect such changes in the num­ The notice of hearing included pro­ terrupted for a period of 8 succes­ ber of weeks in the several time periods posals to make lemons subject to quality sive weeks or more should be enabled and the percentage of starting adjust­ regulation under the order. Proponent to establish a new prorate base period, ment, hereinafter specified in § 910.53, testimony relative to such proposals in­ beginning with the first week of picks and prescribe such rules and regulations dicated that there is a need for improv­ after such interruption and to receive as may be deemed necessary and appro­ ing the quality of the fresh lemons avail­ allotments on the basis of a transitional priate to carry out the provisions of such able to consumers in food stores, and

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 PROPOSED RULE MAKING 16855 that adoption of procedures by the com­ authorize interdistrict lending of allot­ handlers from overshipping in anticipa­ mittee “under which only the top quality ment, and to provide that forfeited tion of receiving credit for overshipment lemons of its jurisdiction may be placed allotment may be applied to offset per­ from forfeited allotment. in domestic channels” would contribute missible overshipments. Interdistrict loans should be effected to this. Compliance would be effected by The relationships with respect to rela­ through and under control of the com­ such spot check inspections as could be tive volumes of production, availability mittee. The order now provides that performed by one commitee inspector to of storage, and timing of shipments have intradistrict loans may be made directly each 50 carloads of lemons allocated changed markedly since current provi­ by the handler parties involved. How­ each week. The inspectors would not sions of the order were made effective. ever, handlers who have excess allot­ certify shipments. "Top quality lemons” There is a much greater degree of over­ ment and prospective borrowers may and “merchantable quality lemons” two lapping of shipments from the three dis­ request the committee to act as agent for terms related to in the proposals as the tricts, and this has rendered the prora­ them in loan transactions. In the inter­ quality of lemons which would be per­ tion of allotment among districts and est of preserving equities of growers and mitted to be shipped were not defined handlers more difficult. The production handlers within each prorate district, but the proposals specified that char­ area covers a large area which involves loans, to the extent practicable, should acteristics which will satisfy the market substantial climatic and weather differ­ continue to be transacted between han­ shall be defined from time to time, and ences which may interfere with harvest­ dlers of lemons grown in the same dis­ such definition shall include, but not be ing and marketing of lemons and on the trict. Allotment for the handling of limited to minimum tolerances of tex­ ability of the handlers to ship. Fresh lemons grown in one district should be ture, rind thickness, acid content, juice market lemons after harvest must be made available to handle lemons grown composition, discoloration, comparative conditioned under specific temperature in other districts only after it is reason­ size, skin damage, scarring, and life and humidity conditions to develop de­ ably certain that no other handler of expectancy. It was advanced by propo­ sirable fresh market characteristics. lemons grown in the same district wishes nent testimony that the committee Lemons do not always develop such to borrow the allotment. To assure that should be able to develop such definitions. characteristics as anticipated and this every effort will be made to loan the al­ Opposition testimony developed that may disrupt the handler’s shipping lotment to handlers of lemons grown in quality regulation applied at production schedule. Greater flexibility is needed in the district, allotment available for loan point would not necessarily assure con­ the order to cope with problems asso­ for which a handler has been unable to sumers of any particular quality lemons ciated with such occurrences and find a borrower among handlers of since lemons are perishable and deteri­ changed relationships. lemons grown in his district should be oration occurs in marketing channels Current provisions of the order limit turned over to the committee for place­ over which the committee has no con­ loans of allotment to loan transactions ment. If the committee has requests to trol. Moreover, it was averred that the between handlers in the same district. borrow from handlers of lemons grown marketing organizations apply their own The evidence indicates that it is desir­ in the district, it should fill such requests. quality standards^ grades, and brands, able and practical to provide for loans Any allotment the committee is unable which are adequate and that they em­ between handlers in different districts. to place with handlers of lemons grown ploy inspectors in far greater numbers It is the intent of the order that a volume in the district should then be loaned to than contemplated by the proposals to of lemons equal to the combined weekly other handlers of lemons grown in other assure that the packinghouses comply allotment of all handlers be shipped dur­ districts who have lodged requests for with such standards. These grades and ing that week. If some handlers are pre­ loans with the committee. If such re­ brands are known and accepted in the cluded by circumstances from shipping quests from handlers of other district fresh fruit trade and any additional their proportionate share of the volume lemons exceed the allotment available quality or grade control undertaken during a week, the order should provide the committee should loan the allotment under the order would be a costly and a basis on which other handlers in any on a proportional basis so that each bor­ unnecessary duplication. Such duplica­ district who can ship may be allowed to rowing handler would receive allotment tion, if effective in inspecting all ship­ increase their volume of shipments cor­ in proportion to the relationship his cur­ ments would add $250,000 or more annu­ respondingly. Providing authority for rent prorate base bears to the total pro­ ally to the cost of operating the order. handlers to loan allotment across district rate bases of all requesting handlers. Further it was maintained that there is lines and for crediting forfeited allot­ Likewise any forfeitures should be ap­ a distinct market for lemons of less than ment to overshipments would help to do plied first to overshipments of handlers “top quality” which would be unsup­ this. of lemons grown in the district to which plied if only the higher grades of lemons The order now provides that any han­ the forfeiture is related. If the volume of were permitted to be shipped. It was dler may overship his weekly allotment forfeitures equals or exceeds the over­ asserted that the percentage of low by 20 percent or one carload, whichever shipments, the overshipments of han­ grade lemons in any year is exceedingly is greater. Such overshipment is de­ dlers of such lemons should be reduced small, and any advantage to be gained by ducted from the handler’s allotment in to zero. Any excess should then be allo­ excluding them through regulation the next week in which the handling of cated to offset overshipments of handlers under the order would be far out­ lemons is regulated. Forfeited allotment of lemons grown in other districts. If the weighed by the cost of inspection and is allotment which the handler to whom amount of forfeitures is less than over­ enforcement. it was issued is unable to use, or did not shipments, the forfeitures should be al­ No substantive evidence was presented use, and which was not loaned and can­ located to each handler who overshipped as to what extent the shipment of lemons not be carried forward as an undership­ in the ratio his overshipments bear to the of less than “top quality” or “merchant­ ment for shipment the following week. total overshipments of all overshipping able quality” influence detrimentally the Authorizing interdistrict loans would handlers. returns of growers. It was evident that broaden the area in which loans could To provide an orderly basis for han­ the installation of quality regulation and be made and would increase the oppor­ dling loans and forfeitures the committee an adequate system of inspection and tunity for making such loans. Crediting should establish rules prescribing the enforcement under the order would add forfeited allotment to handlers as an off­ procedures to be- followed by the com­ substantially to industry handling costs. set against permissible overshipments mittee in crediting forfeitures, and by The evidence does not show that such would encourage handlers to loan allot­ handlers in applying for loans and in installation is necessary or that such ment. However, the order should provide making allotment available for loan, in­ would be advantageous to growers. It that only the forfeited allotment which cluding time and manner and specifica­ is therefore concluded that no amend­ is to be credited against overshipments tions with respect to repayment terms. ment of the order should be made to add is that allotment which was not offered The notice of hearing contained a pro­ provision for quality regulation of for loan through the committee by the posal to authorize the transfer of allot­ lemons thereunder. handler to whom it was issued. Such re­ ment among handlers on a purchase and (16)-<17) The order should be striction would encourage handlers to sale basis. Handlers who need allotment amended as hereinafter set forth to loan allotment. It would also discourage could then purchase the allotment from

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16856 PROPOSED RULE MAKING other handlers who have surplus allot­ provision to delete such section. However, boundary lines. Such realignment would ment for such price as could be nego­ a modification was advanced at the hear­ move the eastern boundary of District 1 tiated. Testimony was given both in favor ing that such section should be replaced from the 115th meridian westward to of and in opposition to such proposal. with provisions appropriate to deal with the extension of a north-south line Among the arguments advanced in a problem associated with “off-bloom through the Post Office in White Water, favor of such proposal, were that it is not lemons” occurring sporadically in Dis­ Calif. This would move an area in the a new concept and had been used in the tricts 1 and 3. “Off-bloom lemons” are northeast portion of San Bernardino past to advantage, that when allotment lemons which are available for picking, County and the southeastern corner of loans are not available or are imprac­ packing, and shipping prior to the begin­ Inyo County from District 1 to District 3. tical, sales would be advantageous to the ning of the handler’s regular season. Off- The area in question is desert in char­ industry and the grower, it would tend to bloom results from weather, or a combi­ acter and any lemons produced in such place the better grades of fruit on the nation of weather and horticultural area would have characteristics more market, and some allotment might not practices which caused the tree to bloom nearly like those of lemons produced in be utilized unless the handler had op­ earlier than normal. The off-bloom con­ District 3 than with lemons produced in portunity to sell it. The arguments ad­ dition is not predictable and may occur District 1 or 2. Therefore such lemons vanced against the proposal were that it only once in 2 or 3 years. In any given should be included in District 3. could stimulate increased plantings by year the quantity of off-bloom lemons (20) The order in § 910.33 now pro­ persons who have no interest in the fresh may be expected to total 10 carloads or vides that “The committee, with the ap­ fruit market, but who might find it less. proval of the Secretary, may establish profitable to produce lemons to sell for The need for an exception to handle or provide for the establishment of mar­ products if they could sell the allotment such lemons arises from the manner in keting research and development projects to fresh market handlers, it could create which the “pick” method of prorate^ designed to assist, improve, or promote a situation in which handlers could base computation would operate. Under the marketing, distribution, and con­ pocket the proceeds from the sales of such method, as hereinbefore discussed, sumption of lemons * * *” The notice of allotment earned on grower’s lemons each handler’s prorate base regardless of hearing included a proposal to change then sell the lemons for processing, it district would be computed on the basis “may” in the foregoing quoted portion of could be used to circumvent the loan of his average weekly pick of lemons. It § 910.33 to “will” with an objective of provisions of the order, it could reduce is to the advantage of any individual changing the provision from a permis­ the natural advantages of some han­ handler to have as high an average sive to a mandatory basis. The testimony dlers, and it could create a conflict of weekly pick as possible. Hence, it is ad­ on this proposal constituted an expres­ interest by placing the committee mem­ vantageous for the handler to start his sion of concern that per capita consump­ bers in a position of having to consider picking season only after he can reason­ tion of fresh lemons is not keeping pace what effect a particùlar recommenda­ ably expect to continue. If he establishes with population growth. It suggested that tion may have on the sale of allotment. his average on the basis of an intermit­ not enough was being done to promote The argument that the sale concept had tent picking pattern, the weeks he does the use of fresh lemons. However, it is been advantageously used in the past not pick are counted as part of his pro­ recognized that it is impractical to use was disputed. rate base period and his average weekly the order to try to coerce action in areas The basic objective of the order is to pick is reduced. Hence, his prorate base in which there is not sufficient agreement regulate the flow of lemons to market in and allotments are reduced. Since the on the committee to formulate and ap­ such manner as to enhance growers re­ off-bloom lemons would be ready for prove a recommendation that such ac­ turns. ^ The allocation of the limited picking well in advance of the time the tion be undertaken. It is therefore con­ weekly volume among handlers is inci­ handler’s normal season begins the cluded that this proposal should not be dent to this. The assignment of prorate handler would be hesitant to pick such adopted. bases to handlers is based upon the rela­ lemons if that would reduce his prorate tive volume of lemons each has available base and allotments later. Therefore it (21) Testimony was given in support for current shipment and this should would be-impractical for the handler to of a proposal to amend the order to re­ provide the handler a reasonable oppor­ treat the off-bloom picks as the first quire the committee to appropriate funds tunity to ship a proportion of his week of picks in his prorate base period. and engage a three-man board of quali­ available lemons comparable to that per­ The evidence shows that while the vol­ fied experts to make studies and report mitted to be shipped by other handlers. ume of off-bloom would not be significant to the committee its recommendations As previously discussed herein, revision for a handler, it could be very significant and opinions as to the status of the in­ is recommended of the prorate base, to a grower as it might constitute a sub­ dustry and needed improvements as overshipment, and loan provisions all of stantial part of his crop. related to the order. The testimony re­ which are designed to provide bases for Delaying the picking of such lemons flected the concern of the proponent for allocating and transferring allotments until the main part of the handler’s the welfare of the industry. among handlers so as to make the allot­ crop is ready to pick is impractical be­ Current provisions of the order au­ ments available to handlers in the cause if the lemons are left on the tree thorize the committee to appoint such volume and at the time it is needed. The over long they change character and employees, agents, and representatives as testimony with respect to the sale of become unsuitable for use as fresh mar­ it may deem necessary, and to determine allotment proposal does not indicate that ket lemons. the salaries and define the duties of such such a provision is necessary to augment Consistent with the evidence, it is con­ persons. Hence, the committee has the the proration, loan, or overshipment pro­ cluded that it would be appropriate to necessary authority to appoint such a visions. It is therefore concluded that no treat the off-bloom allotment separately “board” if it decides that it is necessary provision should be made in the order for from the pick system and prorate base or desirable to do so. However, such ac­ tiie transfer of allotment by sale either computation in § 910.53 and the general tion may be taken only on the basis of on the basis proposed or any modifica­ provision relating to allotments and to necessary agreement and favorable ac­ tion thereof. prescribe the basis of issuance and con­ tion by the committee, and should be (18) Current provisions of § 910.61a oftrol for off-bloom allotments in a new based upon a reasonable expectation that the order authorize the granting of section, § 910.61a Off-bloom allotments, such board could function in a more ef­ special allotments to handlers of lemons as a substitute for § 910.61a Early avail­ fective manner than other agencies avail­ in District 3 who have marketable lemons ability allotments, as hereinafter set able to the committee at less cost. The available for handling prior to the time forth. order should not require the committee marketable lemons are generally avail­ (19) Under the order the productionto act if the consensus is not favorable. able in such district. Such allotments area is divided into three districts to rec­ It is therefore concluded that no such are referred to as “early availability ognize the general differences in ma­ amendment of the order is necessary or allotments.” As indicated by the refer­ turity and keeping quality of lemons desirable. ence to district such provisions contem­ produced in different geographic areas. (22) A proposal in the notice of hear­ plate regulation on the basis of districts, The order should be amended as herein­ ing was that consideration be given to and the notice of hearing contained a after set forth to realign the district making such other changes in the order

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 PROPOSED RULE MAKING 16857 as may be necessary to make the entire 1. Sections 910.9 and 910.10 are re­ ginning oh August 1 of each even-num­ order conform to any amendments that vised to read as follows: bered year, except that the term ending may result from this proceeding. This on July 31, 1972, shall begin on the date proposal was supported at the hearing, § 910.9 Carton. designated by the Secretary. Members without opposition, and such conforming “Carton” means standard container shall serve in such capacities for the por­ changes as are necessary are incorpo­ number 58 as defined in section 43615 of tion of the term of office for which they rated in the order. the Agricultural Code of California, as are selected and qualify and until their Rulings on proposed findings and con­ amended, of a capacity of approximately respective successors are selected and clusions. June 22, 1970, was fixed at the 38 pounds of lemons, or such other con­ have qualified. hearing as the latest date for filing tainer and capacity as may be estab­ § 910.22 Nominations. briefs with respect to facts presented in lished by the committee, with the ap­ evidence at the hearing and on findings proval of the Secretary, or the equivalent (a) The time and manner of nominat­ and conclusions which should be drawn thereof. ing members of the Lemon Adminis­ trative Committee shall be prescribed by therefrom. Such date was extended to § 910.10 Fiscal year. June 29, 1970, upon request of Karl D. the Secretary. Loos, Counsel for Sunkist Growers, Inc., “Fiscal year” means the twelve-month (b) Any cooperative marketing or­ on the basis of a delay in receipt of the period beginning on August 1 of each ganization or the growers affiliated there­ transcript. year and ending July 31 of the following with which markets more than 60 per­ Briefs were filed by Karl D. Loos, year, except that the fiscal year ending cent of the total volume of lemons dining Counsel on behalf of Sunkist Growers, July 31, 1971, shall begip on November 1, the fiscal year during which nominations Inc., Los Angeles, Calif.; Stephen P. 1970. for members are submitted shall nomi­ nate, in conformity with § 910.20, four Shadle, Counsel on behalf of Yuma § 910.12 [Deleted] Citrus Shippers Association, Yuma, grower members and two handler Ariz.; and N. J. Reibe, President, Reibe 2. Section 910.12 Lemons available members. Ranch Corp., -Yuma, Ariz. for current shipment is deleted. (c) All cooperative marketing or­ Each point in each brief was fully and 3. Sections 910.20, 910^21, 910.22, and ganizations or the growers affiliated carefully considered, along with the evi­ 910.23 are revised to read as follows: therewith which market lemons and dence in the record, in making the find­ § 910.20 Establishment and member­ which are not qualified under paragraph ings and reaching the conclusion herein ship. (b) of this section shall nominate, in set forth. To the extent that any sug­ conformity with § 910.20, three grower gested findings or conclusions contained (a) There is hereby established a members and one handler member. in either brief are inconsistent with the Lemon Administrative Committee con­ (d) All growers of the group iden­ findings and conclusions contained here­ sisting of 13 members. For each mem­ tified as independents in § 910.20 who in, they are denied on the basis of the ber there shall be an alternate member, are not affiliated with a cooperative mar­ facts found and stated in connection and for each grower member an addi­ keting organization which markets with this decision. tional alternate, and the provisions of lemons shall nominate, in conformity General findings. (1) The said order, §§ 910.20 through 910.26, unless they with § 910.20, one grower member and as amended, and as hereby proposed to specifically provide otherwise, shall ap­ one handler member. be further amended, and all of the terms ply to members and alternate members (e) When voting for nominees each and conclusions thereof, will tend to and additional'alternates in like man­ grower shall be entitled to one vote only effectuate the declared policy of the act; ner. Eight of the members shall be grow­ which shall be cast on behalf of himself, ers and shall be referred to in this part his agents, subsidiaries, affiliates, and (2) The said order, as amended, and as “grower” members; four of the mem­ as hereby proposed to be further amend­ representatives. Votes of marketing ed, regulates the handling of lemons bers shall be handlers or employees of organizations voting pursuant to para­ grown in the designated production area handlers or employees of central market­ graph (c) of this section shall be ing organizations and shall be referred weighted in accordance with the volume in the same manner as, and is applicable to in this part as “handler” members. only to persons in the respective classes of lemons handled during the current of commercial or industrial activity One member of the committee shall be a fiscal year to the end of the month specified in, the marketing agreement person who shall not be a grower or han­ preceding the month in which such nom­ dler, or an employee, agent, or repre­ inations are made. and order upon which hearings have sentative of a grower or handler (other been held; than an educational institution which (f) The members of the Lemon (3) The said order, as amended, and is a grower or handler), or of a central Administrative Committee selected by as hereby proposed to be further amend­ marketing organization. Such person the Secretary pursuant to § 910.23 shall, ed, is limited in its application to the shall be referred to in this part as a by concurring vote of at least seven smallest regional production area that is “nonindustry” member. members, nominate the nonindustry practicable consistently with carrying (b) ^Except as otherwise provided pur­ member. out the declared policy of the act; suant to § 910.22(h), the grower mem­ (g) The grower members nominated (4) The said order, as amended, and bers of the committee shall be nomi­ under paragraphs (b), (c), and (d) of as hereby proposed to be further amend­ nated, by prorate district and group, in this section shall be in such number and ed, prescribes, so far as practicable, such accordance with the following schedule: from such districts and groups as pro­ different terms, applicable to different vided pursuant to § 910.20. parts of the production area, as are Co-op more Other Inde­ (h) The Secretary, upon recommen­ necessary to give due recognition to than 60 co-ops pendents dation of the Lemon Administrative differences in the production and percent Committee, or other information, may marketing of lemons; and reapportion the number of grower mem­ District 1 (1) — 1 0 0 (5) All handling of lemons grown in District 2 2 2 0 bers or handler members, or both, to be the designated production area is in the District 3 (3) — . 1 1 1 nominated pursuant to § 910.22 and may current of interstate or foreign com­ realign the number of grower members in merce or directly burdens, obstructs, or (c) Each alternate grower memberany district. Any such change shall be affects such commerce. and each additional alternate grower based, insofar as practicable, upon the Recommended further amendment of member shall be from the same group as proportionate amounts of lemons the marketing agreement and order. The the member but need not be from the handled by the respective groups and following amendment of the amended same district. production within any district: Pro­ marketing agreement and order is vided, That each district shall be en­ recommended as the detailed means by § 910.21 Term of office. titled to at least one grower member and which the aforesaid conclusions may be The term of office of committee mem­ each marketing group described in carried out: bers shall be a period of 2 years be- § 910.22 shall be entitled to at least one

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 No. 213—Pt. I----s 16858 PROPOSED RULE MAKING handler member and one grower mem­ mately one-half of 1 fiscal year’s ex­ mitted the information a reasonable ber, and no district shall have more penses.” opportunity to discuss with the commit­ than four grower members. B. The following sentence is added at tee the factors considered in making the the end thereof: “If a handler does not correction. § 910.23 Selection. pay his assessment within the time pre­ (c) Each week the committee shall The Secretary shall select members scribed by the committee, the assessment compute a prorate base or bases for each and alternate members of the Lemon may be subject to an interest charge at handler who has made application in Administrative Committee from persons a rate prescribed by the committee with accordance with the provisions of this nominated pursuant to § 910.22 or, at his the approval of the Secretary. section. discretion, from other qualified persons. 10. Paragraph (a) of § 910.42 Account­ (d) Each prorate base for a handler of § 910.27 [Amended] ing is revised to read as follows: lemons shall be computed as follows: (1) Compute the total quantity of 4. Section 910.27 Alternate members § 910.42 Accounting. lemons grown in a particular prorate dis­ is amended by inserting at the end of the (a) If, at the end of the fiscal year,trict which has been picked and delivered first sentence, the following : “If another the assessments collected are in excess of to the handler, hereinafter at times re­ alternate member is not so designated by expenses incurred, such excess shall be ferred to as “pick,” during the applicable a grower member, his alternate shall act accounted for in accordance with one of prorate base period immediately preced­ for the member and, in the absence of the following: ing the week in which the prorate base is such alternate, the additional alternate (1) If such excess is not retained in a computed. The applicable number of shall so act.” reserve, as provided in subparagraph (2) weeks in the prorate base period for a § 910.28 [Amended] of this paragraph, or used to defray nec­ prorate district shall be as provided in essary expenses of liquidation, it shall be paragraph (e) of this section. Such 5. Paragraph (a) of § 910.28 Procedure refunded proportionately to the persons quantities of lemons picked and so deliv­ is amended by deleting the second sen­ from whom it was collected: Provided, ered in such period shall then be divided tence thereof. That any sum paid by a person in excess by the number of weeks in the applicable 6. Section 910.29 Expenses and com­ prorate base period for the purpose of pensation is revised to read as follows: of his pro rata share of the expenses dur­ ing any fiscal year may be applied by the arriving at an average weekly pick. § 910.29 Expenses and compensation. committee at the end of such fiscal year (2) For any handler of lemons pro­ duced in District 1 or 3, for the initial The members of the committee, and to any outstanding obligations due the committee from such person. number of. consecutive weeks after the their respective alternates when acting beginning of such handler’s new season, as members, or when in attendance pur­ (2) The committee, with the approval equal to the number of weeks in the ap­ suant to committee authorization, shall of the Secretary, may establish and plicable prorate base period, the average be reimbursed for expenses necessarily maintain during one or more fiscal years weekly pick computed for the first week incurred by them in the performance of an operational monetary reserve in an of picks and succeeding weeks shall be their duties and in the exercise of their amount not to exceed approximately one- computed as follows: powers under § 910.30, and shall receive half of a fiscal year’s operational ex­ compensation at a rate to be determined penses. Upon approval of the Secretary, (i) The total quantity picked and de­ by the committee, which rate shall not funds in such reserve shall be available livered to the handler in the first week; exceed $25 for each day, or portion for use by the committee (i) for all ex­ (ii) The total quantity picked and de­ thereof, spent in attending meetings of penses authorized pursuant to § 910.40 livered to the handler in the first and the committee. and (ii) to cover necessary expenses of second weeks divided by 2. 7. Paragraph (k) of § 910.31 Duties is liquidation in the event of termination of (iii) The total quantity picked and de­ revised to read as follows: this part. Upon termination of this part, livered to the handler in the first 3 weeks any funds not required to defray the nec­ and succeeding weeks (until such num­ § 910.31 Duties. essary expenses of liquidation shall be ber of weeks equals the total weeks in the ***** disposed of in such manner as the Secre­ prorate base period for lemons grown in (k) With the approval of the Secre­ tary may determine to be appropriate: the applicable prorate district) divided tary, to reapportion pursuant to § 910.22 Provided, That to the extent practical, by the total weeks so included. (h) the number of members on. the such funds shall be returned pro rata to On the basis of the computation of the Lemon Administrative Committee who the persons from whom such funds were handler’s average weekly pick, the com­ are nominated pursuant to § 910.22. collected. mittee shall fix a prorate base for each 8. Section 910.40 Expenses is revised ***** handler who is entitled thereto. Each to read as follows: 11. Section 910.53 Prorate bases is such prorate base shall represent the revised to read as follows: ratio between the average weekly pick § 910.40 Expenses. for each applicant handler and the total The committee is authorized to incur §910.53 Prorate bases. of such average weekly picks for all ap­ such expenses as the Secretary finds are (a) As used in this section, “handler” plicant handlers. reasonable and likely to be incurred to means the person who is, or proposes to (e) In recognition of the differences carry out the functions of the committee be, the person who handles'lemons as the between the several prorate districts in under this subpart during each fiscal first handler thereof; and each such production and marketing conditions, year. The funds to cover such expenses handler shall submit to the committee, the number of weeks in a prorate base shall be acquired by levying assessments at such time and in such manner as may period shall be specified by district and as provided in § 910.41. be designated by the committee, and such respective base periods shall anp’y § 910.41 [Amended] upon forms made available by it, a writ­ to lemons produced in such district, even ten application for a prorate base and though packed or handled in another 9. Paragraph (a) of § 910.41 Assess­ for allotments as provided in this section district. Until changed in the manner ments is amended as follows: and § 910.56, such application to be sub­ provided in paragraph (h) of this sec­ A. The first sentence is revised to read: stantiated by such information as the tion, the prorate base periods for the sev­ “Each handler who first handles lemons committee may require. eral districts shall be: District 1, 8 weeks; shall, with respect to the lemons so han­ (b) The committee shall determine District 2, 16 weeks; and District 3, 4 dled by him, pay to the committee upon the accuracy of the information sub­ weeks. demand, such handler’s pro rata share of mitted pursuant to this section. When­ (f) (1) At the request of any handler the expenses which the Secretary finds ever the committee finds that there is an of lemons produced in Districts 1 or 3, are reasonable and likely to be incurred error, omission, or inaccuracy in any the committee shall adjust the average by the committee for its maintenance such information, it shall correct the weekly pick of such handler by increasing and functioning, during each fiscal year, same and may make such compensating it in the amount requested by the including the accumulation and mainte­ adjustments as are appropriate or neces­ handler, but n o t. exceeding 50 per­ nance of a reserve fund equal to approxi- sary, and shall give the person who sub­ cent of such average. Such adjustment

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 PROPOSED RULE MAKING 16859

may be requested for not to exceed based on such picks, subject to such § 910.56 [Amended] 8 consecutive weeks, in a period be­ future allotments being reduced by the 15. Section 910.56 Allotments is ginning not later than the third week amount equal to the additional allotment. amended by deleting the phrase “in a of the initial prorate base period of a (g) Any handler of lemons produced district” from the first sentence, and de­ season for which such handler’s average in any district under production or mar­ leting the phrase “in such district” from weekly pick is computed, and ending not keting conditions substantially differing the second sentence. later than the middle week of such han­ from those generally prevailing in the dler’s picking season, as determined by same district, may apply to the commit­ § 910.57 [Amended] the committee, based upon the historical tee for a different prorate base period, 16. Section 910.57 Overshipments is picking performance of such handler. shorter or longer, than that specified for amended as follows: Any adjustment so added shall be de­ the district, but in no event less than 4 A. By inserting the following after the ducted from such handler’s average weeks nor more than 16 weeks. Such first proviso of such section: “And pro­ weekly picks as computed for subsequent application shall be granted to the ex­ vided further, That if allotment is for­ weeks, as selected by the handler, be­ tent necessary or appropriate to give feited with respect to lemons grown in ginning in thè week following such mid­ due recognition to such differences. any prorate district during such week, dle week, but not earlier than the second (h) The committee, with the approval such forfeiture shall be used to reduce week ending in December for District 3 of the Secretary, may change the number the amount of maximum permissible or in January for District 1 for those of weeks in the several time periods, the overshipments made during such week handlers whose historical picking per­ dates referred to in this § 910.53, and unless the forfeiting handler shall have formance extends for a sufficient period the percentage of adjustment specified made a bona fide and timely offer to the beyond such dates to assure to the extent in subparagraph (1) of paragraph (f) of committee to lend his undershipment, practicable full repayment of all prior this section; and in like manner may and such forfeitures shall be first ap­ upward adjustments. Unless the handler establish rules and regulations to effec­ plied to permissible overshipments of requests a more rapid rate of repayment, tuate the provisions of this section and handlers of lemons grown in the district the deductions from such handler’s av­ may modify the method or manner of with respect to which the forfeiture oc­ erage weekly picks shall be made for the making the prescribed computations. curred and second to permissible over­ same number of weeks for which upward 12. Section 910.50 Marketing policy shipments of handlers of lemons grown adjustments were made, and shall be is amended to read as follows: in the other districts. Allocation of for­ subtracted in the same ratio during the § 910.50 Marketing policy. feiture credit to handlers who have over­ weeks of the payback period as the up­ shipped shall be made in proportion to, ward adjustments were added. Adjusted Each year not later than August 15 of but not in excess of, the quantity over­ average weekly picks shall be used in lieu the fiscal year (or such later date as the shipped by each such handler. However, of the average weekly picks in computing committee may establish with the ap­ no handler who has overshipped more the handler’s prorate base as provided in proval of the Secretary) the committee than the maximum permissible under paragraph (d) of this section. If, after shall hold a marketing policy meeting this section shall participate in the cred­ repayment is begun the handler fails to and shall thereafter submit to the Secre­ its allowed by this provision.” receive sufficient allotment during the tary its marketing policy for such fiscal balance of the season to offset the up­ year, to continue in force until revised, B. By adding the following at the end ward adjustment, deductions from allot­ or superseded by the adoption of a new of such section: “Provided, That any ment received in the following season marketing policy. The marketing policy overshipments outstanding at the end shall not be required to effect such shall contain the following information: of a season in District 1 or 3 shall not be repayment. (a) The available supplies of lemons in required to be offset by deductions from (2) Any handler of lemons produced each prorate district, including estimated allotments issued in the following season. in District 2 whose picks are interrupted quality and composition of sizes; (b) The committee, with the approval of the for a period of 8 successive weeks or the estimated utilization of the crop, Secretary, shall adopt procedural rules more, may upon application to the com­ showing the quantity and percentages of and regulations to effectuate the pro­ mittee begin a new prorate base period the orop that will be marketed in do­ visions of this section.” with the initial week of picks after jsuch mestic, export, and byproduct channels, 17. Section 910.59 Allotment loans is interruption, and with the average together with quantities otherwise to be revised to read as follows: weekly picks being computed in accord­ disposed of; (c) a schedule of estimated §910.59 Allotment loans. ance with the applicable provisions of weekly shipments to be recommended to paragraph (d) of this section for the ini­ the Secretary during the fiscal year; (d) (a) A handler for whom a prorate base tial number of consecutive weeks in such level and trend of consumer income; (e) has been established may lend allotment new prorate base period. Any such han­ estimated supplies of competitive citrus to other handlers: “Provided, That such dler upon application to the committee commodities; and (f) any other perti­ loan is reported to the committee not shall also receive adjustments of a char­ nent factors bearing on the marketing of later than 48 hours after the loan agree­ acter similar to those described in sub- lemons. In the event that it becomes ad­ ment has been entered into, and pro­ paragraph (1) of this paragraph (f), visable to substantially modify the mar­ vides for repayment within 1 year of the subject to such conditions with respect keting policy the committee shall submit date of the loan. If on the date of re­ to dates and periods of upward adjust­ to the Secretary a revised marketing payment specified in the loan agreement ment and payback as may be necessary policy or a new marketing policy setting the borrower has insufficient allotment or appropriate to avoid or mitigate undue forth the information as required in this to repay such loan, he shall repay such hardship and to preserve equity among section. loan as soon after such date as he has handlers. allotment available to him for that (3) During the first 2 consecutive § 910.51 [Amended] purpose.” weeks beginning with the first picks of a 13. Section 910.51 Recommendations (b) Allotments shall be loaned only new season for handlers of lemons pro­ for regulations is amended by deleting during the week in which such allot­ duced in District 1 and for handlers of from the end of the second sentence of ments are issued and can be used by the lemons produced in District 3 and with § 910.51(a) the words “in each district borrower only during the week in which the first week of picks for a handler of defined in § 910.64.” the loan is secured. Handlers securing lemons produced in District 2 authorized repayment of allotment loans shall use to begin a new prorate base period as § 910.52 [Amended] such allotments only during the week provided in subparagraph (2) of this 14. Section 910.52 Issuance of regula­ in which the repayment is made. paragraph, a handler may upon appli­ tions is amended by deleting “in each (c) A handler desiring to loan all or cation to the committee be granted ad­ district, as aforesaid” and “in each such part of his allotment to other handlers ditional allotment to handle such lemons district” in the first sentence of the sec­ of lemons produced within the same dis­ in anticipation of future allotments tion. trict may do so direct or may request the

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16860 PROPOSED RULE MAKING committee to act in his behalf. A han­ (a) “District 1” shall include that part All written submissions made pursuant to dler desiring to loan allotment to han­ of the State of California which is south this notice will be made available for dlers of lemons produced in another of a line drawn due east and west public inspection at the office of the district shall request the committee to through the present post office in Tur­ Hearing Clerk during regular business arrange the loan on his behalf with lock, Calif., and north of a line drawn hours (7 CFR 1.27(b)). the committee first offering the loan to due east and west through the present Dated; October 28, 1970. handlers of lemons grown within the post office in Gorman, Calif., and west of same district who have previously filed the extension of a line drawn due north P aul A. N ic h o l so n , requests for such loans; and failing to and south through the present post of­ Deputy Director, Fruit and Veg­ so arrange may then offer the loan to fice in White Water, Calif., but excluding etable Division, Consumer and handlers of lemons grown in other dis­ San Luis Obispo and Santa Barbara Marketing Service. tricts in an equitable manner. Counties. [F.R. Doc. 70-14696; Filed, Oct. 30, 1970; (d) No allotment which has been (b> “District 2” shall include that part 8:50 a.m.] loaned may again be loaned by the bor­ of the State of California west of a line rower, or by the lender after repayment drawn due north and south through the thereof. present post office in White Water, Calif., I 7 CFR Part 913 3 (e) The committee may, with the ap­ and south of a line drawn due east and GRAPEFRUIT GROWN IN THE proval of the Secretary, adopt procedural west through the present post office in rules and regulations to effectuate the Gorman, Calif., but including San Luis INTERIOR DISTRICT IN FLORIDA provisions of this § 910.59. Obispo and Santa Barbara Counties. Notice of Proposed Rule Making With 18. Section 910.61a Early availability (c) “District 3” shall include the State Respect to Approval of Expenses allotments is deleted and a new section of Arizona and that part of the State of and Fixing of Rate of Assessment is inserted in lieu thereof reading as California east of a line drawn due north follows: and south through the present post of­ for 1970—71 Fiscal Period § 910.61a Off-bloom allotment. fice in White Water, Calif. Consideration is being given to the fol­ lowing proposals submitted by the In­ Notwithstanding the provisions in * Dated: October 28, 1970. terior Grapefruit Marketing Committee, § 910.53 and elsewhere in this part appli­ G . R . G range, established under the marketing agree­ cable to allotments, the committee may, Acting Deputy Administrator, ment, as amended, and Order No. 913, prior to the time lemons generally are Regulatory Programs. as amended (7 CFR Part 913), regulating available in District 1 or District 3, issue the handling of grapefruit grown in the special allotments to handlers for han­ [F.R. Doc. 70-14693; Filed, Oct. 30, 1970; 8:51 a.m.] Interior District in Florida,' effective dling lemons which result from an off- under the applicable provisions of the bloom condition existing in such district Agricultural Marketing Agreement Act or districts. Such handlers may apply [ 7 CFR Part 912 3 of 1937, as amended (7 U.S.C. 601-674), to the committee, not later than 30 days as the agency to administer the terms prior to the anticipated picking of such GRAPEFRUIT GROWN IN THE INDIAN and provisions thereof: off-bloom lemons, on forms prescribed by RIVER DISTRICT IN FLORIDA (a) That the expenses that are rea­ the committee, and shall furnish to the sonable and likely to be incurred by the committee such information as it may Notice of Proposed Rule Making With Interior Grapefruit Marketing Commit­ require to certify the off-bloom condi­ Respect to Approval of Expenses tee, during the fiscal period beginning tion. On the basis of all available infor­ and Fixing of Rate of Assessment mation and after consideration of all of August 1, 1970, and ending July 31,1971, the factors enumerated in § 910.51(b), for the 1970-71 Fiscal Period will amount to $35,000. the committee shall certify the quantity Consideration is being given to the fol­ (b) That the rate of assessment for of each handler’s off-bloom lemons and lowing proposals submitted by the Indian such period, payable by each handler in determine the extent-to which off-bloom River Grapefruit Committee, established accordance with § 913.31, be fixed at allotment shall be granted. Such allot­ pursuant to the marketing agreement, $0,005 per standard packed box. ments shall be allocated to all handlers as amended, and Order No. 912, as Terms used in the marketing agree­ who have certified off-bloom in propor­ amended (7 CFR Part 912), regulating ment and order shall, when used herein, tion to the respective quantities so certi­ the handling of grapefruit grown in the have the same meaning as is given to the fied. Any off-boom allotment may be Indian River District in Florida, effective respective term in said marketing agree­ loaned only to other handlers to whom under the applicable provisions of the ment and order. off-bloom allotments have been allocated. Agricultural Marketing Agreement Act All persons who desire to submit writ­ The total quantity of a handler’s cer­ of 193T, as amended (7 U.S.C. 601-674), ten data, views, or arguments in connec­ tified off-bloom lemons picked for han­ as the agency to administer, the terms tion with the aforesaid proposals shall dling pursuant to off-bloom allotment and provisions thereof: file the same, in quadruplicate, with the shall not be used in the computation of (a) That the expenses that are rea­ Hearing Clerk, U.S. Department of Agri­ such handler’s average weekly pick pur­ sonable and likely to be incurred by the culture, Room 112, Administration Build­ suant to § 910.53(d) (1). The committee Indian River Grapefruit Committee, dur­ ing, Washington, D.C. 20250, not later shall, with the approval of the Secre­ ing the period August 1, 1970, through than the 10th day after the publication tary, adopt procedural rules and regu­ July 31,1971, will amount to $32,500. of this notice in the F ederal R egister. lations to effectuate the provisions of (b) That the rate of assessment for All written submissions made pursuant this section. such period, payable by each handler in to this notice will be made available for 19. Section 910.64 Districts is revised accordance with § 912.41, be fixed at public inspection at the office of the to read as follows: $0,005 per standard packed box. Hearing Clerk during regular business § 910.64 Districts. All persons who desire to submit writ­ hours (7 CFR 1.27(b)). ten data, views, or arguments in connec­ For the purpose of administration of Dated: October 28, 1970. this part and in recognition of the fact tion with the aforesaid proposals shall ithat there are general differences in file the same, in quadruplicate, with the P aul A. N ic h o l so n , maturity and keeping quality of lemons Hearing Clerk, U S. Department of Agri­ Deputy Director, Fruit and Veg­ produced in different geographical sec­ culture, Room 112, Administration Build­ etable Division, Consumer and tions of the production area, the produc­ ing, Washington, D.C. 20250, not later Marketing Service. tion area is divided into three prorate than the 10th day after the publication [F.R. Doc. 70-14695; Filed, Oct. 30, 1970; districts as follows; of this notice in the F ederal R egister. 8:50 a.m .j

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 PROPOSED RULE MAKING 16861

§ 81.116 Northern Missouri Intrastate In the State of Missouri : DEPARTMENT OF HEALTH, Air Quality Control Region. Barry. County. Lawrence County. The Northern Missouri Intrastate Air Bates County. Miller County. Benton County. Morgan County. EDUCATION, AND WELFARE Quality Control Region consists of the Camden County. Oregon County. Public Health Service territorial area encompassed by the Cedar County. Ozark County. boundaries of the following jurisdictions Christian County. Pettis County. [ 42 CFR Part 81 1 or described area (including the terri­ Dade County. Polk County. torial area of all municipalities (as de­ Dallas County. Pulaski County. AIR QUALITY CONTROL REGIONS fined in section 302(f) of the Clean Air Douglas County. St. Clair County. Act, 42 U.S.C. l?57h(f)) geographically Greene County. Shannon Court tv, 'Notice of Proposed Designation and located within the outermost boundaries Henry County. Stone County. Redesignation of Regions; Notice of Hickory County. Taney County. of the area so delimited): Howell County. Texas County. Consultation With Appropriate In the State of Missouri: Johnson County. Vernon County. State and Local Authorities Laclede County. Webster County. Adair County. Lincoln County. Lafayette County. Wright County. Pursuant to authority delegated by the Andrew County. Linn County. Secretary and redelegated to the Com­ Atchison County. Livingston County. Section 81.18 Metropolitan St. Louis missioner of the National Air Pollution Audrain County. Macon County. Interstate Air Quality Control Region Boone County. Marion County. (Illinois-Missouri} presently is desig­ Control Administration (33 F.R. 9909), Caldwell County. Mercer County. notice is hereby given of a proposal to Callaway County. Moniteau County. nated as the territorial area encom­ designate Intrastate Air Quality Con­ Carroll County. Monroe County. passed by the boundaries of the follow­ trol Regions in the State of Missouri as Chariton County. Montgomery County. ing jurisdictions or described area (in­ set forth in the following new §§ 81.116- C lark County. Nodaway County. cluding the territorial area of all munici­ 81.118 inclusive which would be added to Clinton County. Pike County. palities (as defined in section 302(f) of Part 81 of Title 42, Code of Federal Reg­ Cole County. Putnam County. the Clean Air Act, 42 U.S.C. 1857h(f>) Copper County. Ralls County. geographically located within the outer­ ulations. It is proposed to make such Daviess County. Randolph County, designations effective upon republication. DeKalb County. Saline County. most boundaries of the area so delim­ In addition to the proposal to desig­ Gentry County. Schuyler County. ited) : nate the new Intrastate Air Quality Con­ Grundy County. Scotland County. In the State of Illinois: trol Regions, it is proposed to revise the Harrison County. Shelby County. Madison County. St. Clair County. boundaries of the presently designated Holt County. Sullivan County. Monroe County. Metropolitan St, Louis Interstate Air Howard County. Warren County. Knox County. Worth County. In th e S tate of M issouri: Quality Control Region (§ 81.18), as pro­ Lewis County. Jeiferson County. St. Louis City. vided for in section 107(a)(2) of the St. Charles County. St. Louis County. Clean Air Act, as amended. § 81.117 Southeast Missouri Intrastate Interested persons may submit written Air Quality Control Region. It is now proposed to add Franklin County in Missouri to the region. data, views, or arguments in triplicate The Southeast Missouri Intrastate Air to the Office of the Commissioner, Na­ Quality Control Region consists of the This action is proposed under the au­ tional Air Pollution Control Administra­ territorial area encompassed by the thority of sections 107(a) and 301(a) of tion, Parklawn Building-, Room 17-82, boundaries of the following jurisdictions the Clean Air Act, section 2, Public Law 5600 Fishers Lane, Rockville, Md. 20852. or described area (including the terri­ 90-148, 81 Stat. 490, 504, 42 U.S.C. 1857c- All relevant material received not later torial area of all municipalities (as de­ 2(a),1857g(a). than 30 days after the publication of this fined in section 302(f) of the Clean Air Dated: October 28,1970. notice will be considered. Act, 42 U.S.S. 1857h(f)) geographically Interested authorities of the State of J o h n H . L u dw ig , Missouri and appropriate local author­ located within the outermost boundaries Acting Commissioner, National ities, both within and without the pro­ of the area so delimited): Air Pollution Control Admin­ posed regions, who are affected by or In the State of Missouri : istration. interested in the proposed designations Bolinger County. Osage County. [F.R. Doc. 70-14668; Filed, Oct. 30, 1970; and redesignation, are hereby given no­ Butler County. Pem iscot County. 8:47 a.m.] tice of an opportunity to consult with Cape Girardeau Perry County. representatives of the Secretary concern­ County. Phelps County. ing such designations and redesignation. C arter County. Reynolds County. Such consultation will take place at Crawford County. Ripley County. FEDERAL POWER COMMISSION 1 p.m., November 10, 1970, in the 14th Dent County. St. Francois County. Dunklin County. Ste. Genevieve [ 18 CFR Part 2 1 Floor Meeting Room, Jefferson State Of­ Gasconade County. County. fice Building, Jefferson City, Mo. Iron County. Scott County. [Docket No. R-389A] Mr. Doyle J. Borchers is hereby des­ Madison County. Stoddard County. INITIAL RATES FOR FUTURE SALES ignated as Chairman for the consulta­ Maries County. Washington County. tion. The Chairman shall fix the time, Mississippi County. Wayne County. - OF NATURAL GAS FOR ALL AREAS New M adrid County. date, and place of later sessions and may Order Denying Motion and Extending convene, reconvene, recess, and adjourn § 81.118 Southwest Missouri Intrastate Time for Filing Certain Responses the sessions as he deems appropriate to Air Quality Control Region. expedite the proceedings. The Southwest Missouri Intrastate Air October 23, 1970. State and local authorities wishing to On October 6, 1970, a party to fills participate in the consultation should Quality Control Region consists of the proceeding, People Organized to Win notify the Office of the Commissioner, territorial area encompassed by the Effective Regulation (“POWER”) filed" National Air Pollution Control A rim in - boundaries of the following jurisdictions with the Commission an instrument en­ istration, Parklawn Building, Room 17- or described area (including the terri­ titled “Notice of Intent to Seek Judicial 82, 5600 Fishers Lane, Rockville, Md. torial area of all municipalities (as de­ Relief; Motion to Extend Time for Filing 20852, of such intention at least 1 week fined in section 302(f) of the Clean Air of Comments; Response to the Commis­ prior to the consultation. sion’s Order of September 25, 1970; Re­ In Part 81 the following new sections Act, 42 U.S.C. 1857h(f)) geographically quest to Vacate Order or Hold a Hear­ are proposed to be added to read as located within the outermost boundaries ing; Miscellaneous Relief and Observa­ follows: of the area so delimited) : tions”. By that pleading, POWER prayed

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16862 PROPOSED RULE MAKING that (1) the Commission vacate its or­ In connection with the request for der of September 25, 1970 (which denied extension, however, we have been ad­ INTERSTATE COMMERCE POWER leave to proceed in forma pau­ vised that the transcript for the original peris without prejudice to the filing of oral presentations made in Chicago, 111., COMMISSION s a subsequent petition seeking to estab­ on August 24 did not become available lish why such leave should be granted) to parties until October 16, 1970. Since [49 CFR Parts 1033, 1034 1 and permit POWER to intervene on a parties filing reply submittals on Octo­ [Ex Parte No. 252 (Sub-No. 1) ] “consumer costs” basis, or, in the al­ ber 1 did not have the Chicago transcript ternative, that a hearing be granted on available at that time, we shall extend INCENTIVE PER DIEM CHARGES— 1968 this point; (2) the Commission further the period for filing responses to any extend the time to file comments to No­ original oral submittal made in that Notice of Proposed Rule Making vember 1,1970; (3) the Commission sus­ Chicago hearing until November 2, 1970. O ctober 20, 1970. pend and end this entire proceeding; As to point (3) of the POWER motion Notice of informal conference. The re­ (4) the Commission investigate the requesting a suspension and end of this port and order of the Commission dated American Gas Association; (5) the Com­ proceeding, our August 28, -1970, order April 28, 1970, 337 I.C.C. 217, established mission give POWER $10,000 “to rep­ ruled that similar motions of POWER certain incentive per diem rules and resent the consumer and general public and other parties would be given plenary charges to be paid to the owning rail­ interest”; (6) the Commission rename consideration as part of the moving roads of general service boxcars, in­ its “pauper’s participation” “consumer party’s response to the notice of rule cluding Canadian railroads. Thereafter, costs intervention”, (7) the Commission making. In accordance with that ruling, the Canadian carriers filed a petition for furnish POWER transcripts and other point (3) will be considered as part of reconsideration, granted on August 27, materials; (8) the Commission hold the reply submittal of POWER. 1970, specifying problems related to their hearings on all these points, but not prior As to point (4) requesting an investi­ participation in the prescribed rules and to November 1, 1970; and (9) the Com­ gation of the American Gas Association, charges. The order granting the peti­ mission reaffirm its consumer and public such a request is immaterial to the pur­ tion, to prevent any hiatus in the appli­ invitation to participate. poses of this proceeding. Point (4) is cation of incentive charges pending re­ As to points (1), (6), and (7), our denied. consideration, modified the order of order of August 28, 1970 established pro­ Point (5) of the POWER motion, re­ April 28, 1970, to require domestic car­ cedures under which we would consider questing $10,000 to represent the con­ riers to “pay to the United States class I the conditions of any party seeking to sumer and general public interest, was railroads which is designated by the own­ establish that financial hardship pre­ denied in our Augtm 28, 1970, order. ing railroads of Canada the additional vented its purchasing transcripts at $15 Rehearing on this point is hereby denied. per diem charges prescribed in this pro­ each or complying with the Commis­ Point (8), requesting hearings on each ceeding on general service boxcars owned sion’s service requirements. By its motion of the points in the POWER motion, but by the railroads of Canada.” of September 4, 1970, POWER sought not before November 1, 1970, could serve Subsequently, by letter dated Septem­ leave to proceed under these provisions no purpose other than to delay these ber 16, 1970, and received by the Com­ but made no allegations concerning its proceedings. This point is denied. mission on September 16, 1970, counsel inability to pay such costs. Therefore, As to point (9) requesting the Com­ for the Canadian carriers reiterated the by order of September 25,1970, the Com­ problems encountered in complying with mission denied that petition of POWER, mission to reaffirm its consumer and but without prejudice to the filing of a public invitation, we wish to point out the order, and proposed an informal con­ subsequent petition seeking to establish that this invitation was made both in our ference of interested parties and mem­ that leave to proceed in forma pauperis notice of July 17, 1970, expanding this bers of the Commission’s staff to dis­ should be granted. The present motion proceeding and our order of August 24, cuss and to consider possible solutions. of POWER does not seek to so establish, 1970. However, since the period for re­ The letter was served on all parties of but rather argues that anyone claiming sponding to original submittals with the record. As of October 6, 1970, no replies to represent a consumer group should exception of the Chicago hearing has have been received. be permitted to intervene at Commis­ now expired, parties would be denied the In view of the nature of the problems sion expense irrespective of the resources opportunity to reply to any further sub­ of the Canadian carriers, which do not available to that person. We initiated mittal. This point is denied. affect the merits of the Commission’s de­ procedures for petitioning for leave to The Commission orders: cision on the record but rather how to proceed in forma pauperis to permit (A) Point (3) of the motion of apply the rules and charges on equip­ participation in this proceeding by those POWER will be considered as part of that ment owned by foreign carriers and used who would otherwise be prohibited by party’s reply response in this proceeding. by domestic lines, we believe that such a conference would be helpful. financial hardship. Those who make no (B) All other points of the motion of Accordingly, this will serve as notice assertion of financial hardship, but POWER are denied. merely allege representation of the con­ that on Tuesday, November 10, 1970, at (C) Parties wishing to respond solely 2 p.m., in Hearing Room C, at the In­ sumer and general public interest, do not to one of the original oral submittals fall within these provisions. We reiterate terstate Commerce Commission, Wash­ made by any other party at the hearing ington, D.C., an informal conference of our statement in our August 28, 1970, in this proceeding in Chicago, 111., on order in this proceeding that “the Com­ representatives of all interested parties mission has not and will not abdicate its August 24,1970, may do so not later than and members of the Commission’s staff mandate to represent the public inter­ November 2, 1970, in the manner set will be held for the sole purpose of ex­ est.” Accordingly, points (1), (6), and forth in paragraph 10 of our notice of ploring on the record the subject set forth hereinabove for the information of (7) are denied. July 17, 1970 in this proceeding. the Commission with opportunity there­ As to point (2) of POWER’S motion By the Commission.1 after for the Canadian roads to file a requesting a further extension of time [seal] K e n n e t h F . P lu m b, supplemental petition(s) or brief (s). to file comments, we have previously Acting Secretary. extended this period on our own motion. By the Commission. * We feel that an adequate opportunity [F.R. Doc. 70-14639; Filed, Oct. 30, 1970; R obert L. O sw ald, 8:45 a.m.] Secretary. has been granted for filing comments in this proceeding, and therefore this point 1 Dissenting statement of Commissioner [F.R. Doc. 70-14679; Filed, Oct. 30, 1970; : is denied. Bagge filed as part of the original document. 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16863 Notices

published in 10 CFR Chapter I. The in connection with operation of the DEPARTMENT OF AGRICULTURE Commission has made the findings re­ reactor. quired by the Act and the Commission’s Export Marketing Service The additional quantity of material is regulations which are set forth in the required for replacement of old fuel in amendment, and has concluded that the CONTROLLER, COMMODITY CREDIT the reactor core. It will be stored and uti­ issuance of the amendment will not be lized in accordance with the license and CORPORATION inimical to the common defense and the existing Technical Specifications. security or to the health and safety of Redelegation of Authority the public. The Commission has found that the By virtue of the authority vested in the application for the amendment dated Within fifteen (15) days from the date October 6, 1970, complies with the re­ General Sales Manager, Export Market­ of publication of the notice in the F ed­ ing Service, by the Secretary of Agri­ quirements of the Atomic Energy Act of eral R egister, the applicant may file a 1954, as amended (the Act) and the culture, on June 5, 1969 (34 F.R. 8963), request for a hearing and any person the Controller, Commodity Credit Corpo­ whose interest may be affected by this Commission’s regulations published in ration is authorized to grant extensions 10 CFR Chapter I. The Commission has proceeding may file a petition for leave made the findings required by the Act of the 210-day period for submission of to intervene. Request for a hearing and documents for reimbursement after the petitions to intervene shall be filed in and the Commission’s regulations which expiration of the delivery period specified accordance with the Commission’s rules are set forth in the amendment and has in the applicable purchase authorization, of practice in 10 CFR Part 2. If a request concluded that the issuance of the referred to in §§ 17.10(p) and 17.11(f) of for a hearing or a petition for leave to amendment will not be inimical to the the regulations governing sales of agri­ intervene is filed within the time pre­ common defense and security or to the cultural commodities made available un­ scribed in this notice, the Commission health and safety of the public. der title I of the Agricultural Trade De­ will issue a notice of hearing or ah ap­ Within fifteen (15) davs from the date velopment and Assistance Act of 1954 propriate order. of publication of the notice in the F ed­ (Public Law 480), as amended (7 CFR For further details with respect to this eral R egister, the applicant may file a Part 17). This authority may not be re­ amendment, see (1) the licensee’s appli­ request for a hearing and any person delegated. cation for license amendment dated Sep­ whose interest may be affected by this (Sec. 102, 68 S tat, 454, as amended, 7 U.S.C. tember 21, 1970, and (2) the amendment proceeding may file a petition for leave 1702) to intervene. Requests for a hearing and to the facility license, both of which are petitions to intervene shall be filed in Terminated: Ee-3 (34FJR. 13436) pub­ available for public inspection at the accordance with the Commission’s rules lished August 20,1969. Commission’s Public Document Roam at 1717 H Street NW., Washington, D.C. of practice in 10 CFR Part 2. If a request Effective date: Date of publication. for a hearing or a petition for leave to Copies of item (2) above may be ob­ intervene is filed within the time pre­ Signed at Washington, D.C., on Octo­ tained upon request sent to the U.S. ber 27, 1970. Atomic Energy Commission, Washing­ scribed in this notice, the Commission ton, D.C. 20545, Attention: Director, D i-« will issue a notice of hearing or an Clifford G. P ulvermacher, vision of Reactor Licensing. appropriate order. General Sales Manager, For further details with respect to this Export Marketing Service. Dated at Bethesda, Md., this 23d day amendment, see (1) the licensee’s appli­ of October 1970. [F.R. Doc. 70-14656; Filed, Oct. 30, 1970; cation for license amendment dated 8:46 a.m.} For the Atomic Energy Commission. October 6, 1970, and (2) the amendment to the facility license, both of which P eter A. Morris. are available for public inspection at the Director, Commission’s Public Document Room at ATOMIC ENERGY COMMISSION Division of Realtor Licensing. 1717 H Street NW., Washington, D.C. (Docket No. 50-261J (F.R. Doc. 70-14636; Filed, Oct, 30, 1970; Copies of item (2) may be obtained upon 8:45 a m .] request sent to the U.S. Atomic Energy CAROLINA POWER, & LIGHT CO. Commission, Washington, D.C. 20545, Notice of Issuance of Facility [Docket No. 50-193} Attention: Director, Division of Reactor License Amendment RHODE ISLAND AND PROVIDENCE Licensing. The Atomic Energy Commission (the PLANTATIONS ATOMIC ENERGY Dated at Bethesda, Md., this 21st day Commission) has issued, effective as of COMMISSION of October 1970. the date of issuance, Amendment No 1 to Facility License No. DPR-23. The license Notice of Issuance of Facility For the Atomic Energy Commission. presently authorizes Carolina Power & License Amendment Donald J. Skovholt, Light Co. to procure and to use certain The Atomic Energy Commission (the Assistant Director for Reactor quantities of “Special Nuclear Materials" Commission) has issued, effective as of Operations, Division of Re­ and “Byproduct Materials” for use in the date of issuance, Amendment No. 2 actor Licensing. connection with operation of the H. B. to Facility License No. R-95. The license [F.R. Doc. 70-14635; Filed, Oct. 30, 1970; Robinson Unit No. 2 reactor located in authorizes the Rhode Island and Provi­ 8:45 a.m.} Darlington County, S.C. The amendment dence Plantations Atomic Energy Com­ authorizes modest increases in the quan­ mission (RIPPAEC) to possess, use and tities and some changes in kinds of the operate the Rhode Island Nuclear Sci­ [Docket No. 50-87] above materials that may be procured ence Center Reactor located at Fort WESTINGHOUSE ELECTRIC CORP. and used. Kearney in Narragansett, R.I., at power The Commission has found that the levels up to 2 megawatts (thermal). The Notice of Receipt of Application To ^ c a t i o n for the amendment complies amendment authorizes an increase from Relocate Reactor with the requirements of the Atomic 4 kilograms to 7.5 kilograms in the quan­ The Westinghouse Electric Corp. Energy Act of 1954, as amended (the tity of contained uranium-235 which the Act), and the Commission’s regulations (WEC) in Pittsburgh, Pa., has filed an RIPPAEC may receive, possess, and use application dated September 24,1970, for

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16864 NOTICES the necessary licenses to relocate the re­ ber 12, 1970, at 10 a.m., e.s.t., in Room gheny has filed a reply to Eastern’s an­ actor licensed under Facility License No. 503, Universal Building, 1825 Connecticut swer, accompanied by a motion for leave CX-11 from the WEC Waltz Mill, Pa., Avenue NW., Washington, D.C., before to file an otherwise unauthorized site to the Westinghouse Nuclear Train­ Examiner Edward T. Stodola. document.® ing Center at Zion, 111. The reactor, Statements of proposed issues* pro­ Allegheny’s application falls within the presently known as the “CES facility”, posed procedural dates, and Bureau category of cases which Subpart M of the has been used mainly for the perform­ Counsel’s request for information and procedural regulations was specifically ance of critical experiments. WEC plans evidence should be filed with the Ex­ designed to handle,, and should, there­ to modify the facility when it is con­ aminer and the parties to the proceeding fore, have been filed under that pro­ structed at the Zion site and use it as on or before November 9,1970. cedure. Applicants can expect neither a training facility, which will be referred Dated at Washington, D.C., October 27, more expeditious nor more favorable ac­ to as the “Nuclear Training Reactor”, 1970;. tion by departing from the procedures in support of its Nuclear Energy Sys­ specifically designed by the Board for tem’s reactor program. The proposed [seal] T homas L. W renn, use in particular classes of cases. In par­ operating power level of the reactor at Chief Examiner. ticular, we intend to apply the same the new location is the same as the cur­ [F.R. Doc. 70-14686; Filed, Oct. 30, 1970; economic tests in screening all applica­ rently authorized operating level of 10 8:49 a.m.] tions of the same type, whatever the pro­ kWt. Prior to the dismantling of the CES cedural avenue followed. Here, the ap­ plicable test is that announced in the facility for relocation, the Commission [Docket No. 22106; Order 70-10-127] will review and approve WEC’s dis­ recent Twin Cities-Des Moines-St. Louis mantling procedures. ALLEGHENY AIRLINES, INC. Subpart M Proceeding, Order 70-4-150, A copy of the application is available April 29, 1970, which governs all cases for public inspection in the U.S. Atomic Application for Amendment of Cer­ in which a local service carrier is seeking Energy Commission’s Public Document tificate of Public Convenience and competitive authority through “removal Room at 1717 H Street NW., Washing­ Necessity of a restriction (including the require­ ment of a stop at a segment junction ton, D.C. Adopted by the Civil Aeronautics point) on the services it can provide Dated at Bethesda, Md., this 22d day of Board at its office in Washington, D.C., in a market it is already authorized to October 1970. on the 28th day of October 1970. serve, whether or not the case is proc­ On April 13, 1970, Allegheny Airlines, For the Atomic Energy Commission. essed under Subpart M.” (id. at p. 5, n. Inc. (Allegheny), filed an application re­ 10).4 Donald J. Skovholt, questing the amendment of its certificate Under the standards of the Twin Assistant Director for Reactor of public convenience and necessity for Cities-Des Moines case, where no mate­ Operations, Division of Re­ route 79 to permit nonstop service be­ rial deficiencies in the past or present actor Licensing. tween Evansville and Indianapolis, Ind., services of the incumbent carrier or car­ [F.R. Doc. 70-14658; Filed, Oct. 30, 1970; on a subsidy-ineligible basis.1 Allegheny riers in a market are shown, the Board 8:47 a.m.] contemporaneously filed a petition re­ will not grant a local service carrier ap­ questing grant of the same authority by plicant competitive authority by removal show-cause procedures. of restrictions unless the Board can reli­ In support of its petition, Allegheny ably forecast an operating profit for the CIVIL AERONAUTICS BOARD states that the grant of its application applicant which will provide a full return [Docket No. 22655] will enable Allegheny to provide the first on investment after taxes from the first competitive nonstop service in the full year of operations onward. Where AERONAVES DE MEXICO, S.A. Evansville-Indianapolis market, which the existing services are or have been should attain a traffic level of 62,000 pas­ materially deficient, the financial fore­ Notice of Prehearing Conference and sengers in 1971, and the first competitive cast adopted for the applicant must show Hearing one-stop service in the Evansville-New a reasonably substantial operating profit Notice is hereby given that a prehear­ York market, which should attain a traf­ in the first year and the prospect of a ing conference in the above-entitled fic level of 30,000 passengers in 1971; that full return on investment in the near matter is assigned to be held on Novem­ Allegheny can achieve an operating future.5 ber 10, 1970, at 10 a.m., e.s.t„ in Room profit of $280,000 and a subsidy need re­ Our analysis of Allegheny’s applica­ 805, Universal Building, 1825 Connecticut duction of $210,000 during the first year tion in the light of all the pleadings and Avenue NW., Washington, D.C., before of operations; and that any revenue di­ relevant facts known to us leads to the version experienced by Eastern, the in­ Examiner Robert L. Park. cumbent Evansville-New York carrier, tentative conclusion that it passes the Notice is also given that the hearing will be insubstantial. more stringent of these tests. It follows may be held immediately following con­ An answer in support of Allegheny’s clusion of the prèhearing conference un­ application and petition has been filed 8 Good cause having been shown, we shall less a person objects or shows reason for by the Evansville Parties.2 Delta Aii grant the motions of both Eastern and further postponement on or before No­ Lines, Inc. (Delta), which holds nonstop Allegheny. We also note that the Evansville vember 6,1970. Chamber of Commerce has filed a telegram Evansville-Indianapolis authority, has in opposition to Eastern’s motion. Dated at Washington, D.C., October 27, filed a letter stating that it does not ob­ * The decisional standards of the Twin 1970. ject to Allegheny’s application. An an­ Cities-Des Moines case, supra, were directed swer in opposition to Allegheny’s appli­ to certificate applications by local service [seal] T homas L. W renn, cation and petition, accompanied by a carriers under section 401 of the Act, rather Chief Examiner. motion for leave to file an otherwise than to exemption applications under section [F.R. Doc. 70-14685; Filed, Oct. 30, 1970; unauthorized document has been filed by 416(b). Nevertheless, should a local service 8:49 a.m.] carrier apply for exemption authority where Eastern Air Lines, Inc. (Eastern). Alle­ parallel certificate authority would have been governed by the Twin Cities-St. Louis stand­ [Docket No. 22617] 1 Although. Indianapolis and Evansville are ards, we will take these standards into ac­ both on segment 10 of Allegheny’s certificate, count in passing on the application, as well AGGREGATE RATES PROPOSED BY they are on different subsegments which as ascertaining whether the special statutory WTC AIR FREIGHT would permit only circuitious one-stop serv­ criteria of section 416(b) have been m et. ice via Terre Haute. 6 In deciding w hether a n application should Notice of Prehearing Conference a The Southwestern Indiana and Kentucky be given expedited treatment on our hearing Regional Council of Governments, the city calendar, we have been considering whethw Notice is hereby given that a prehear­ of Evansville, the Evansville-Vanderburgh preliminary analysis indicates the likelihood ing conference in the above-entitled Airport Authority District, and the Evans­ of a full return on investment at least by the matter is assigned to be held on Novem- ville Chamber of Commerce. second full year of operations.

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 NOTICES 16865 that the application would have been and Indianapolis, Ind., and New York, 302, 14 CFR Part 298, and 14 CFR permitted to go forward had it been filed N.Y.; and the Port of New York 385.16(f), under Subpart M. In this instance, how­ Authority. It is ordered That: ever, we have decided not to require the 1. Commuter Airlines, Inc., the Post­ application to be refiled under Subpart This order shall be published in the F ederal R eg ister. master General, American Airlines, Inc., M, since this would lead only to further Eastern Air Lines, Inc., Mohawk Air­ delay and a needless proliferation of fil­ By the Civil Aeronautics Board. lines, Inc., and all other interested ings. Instead, we have decided in this persons are directed to show cause why instance to proceed under Subpart M, [seal] H arry J . Zin k , Secretary. the Board should not adopt the forego­ with Allegheny’s application standing as ing proposed findings and conclusions a Subpart M application.8 Allegheny will [P.R. Doc. 70-14689; Piled, Oct. 30, 1970; 8:49 a.m.] and fix, determine, and publish the final be given 10 days from the date of service rate specified above for the transporta­ of this order to supplement its applica­ tion of mail by aircraft, the facilities used tion by supplying the second-year finan­ [Docket No. 22589; Order 70-10-104] and useful therefor, and the services cial forecast required by Rule 1304, and connected therewith as specified above as other parties will then have 25 days to COMMUTER AIRLINES, INC. the fair and reasonable rate of compen­ answer as specified in Rule 1306. Based Order To Show Cause sation to be paid to Commuter Airlines, on our analysis of the pleadings to date, Inc.; it is our tentative intention to grant the Issued under delegated authority Octo­ 2. Further procedures herein shall be application if no adverse answer requir­ ber 22, 1970. in accordance with 14 CFR Part 302, and ing a hearing is filed, and otherwise to notice of any objection to the rate or. to direct that the application be heard on The Postmaster General filed a notice an expedited basis. Our analysis indi­ of intent September 23, 1970, pursuant the other findings and conclusions pro­ to 14 CFR Part 298, petitioning the posed herein, shall be filed within 10 cates that Allegheny’s proposed service days, and if notice is filed, written an­ should be able to achieve a subsidy need Board to establish for the above cap­ reduction during the first full year of tioned air taxi operator, a final service swer and supporting documents shall be mail rate of 68 cents per great circle air­ filed within 30 days after service of this operations. It further indicates a need order; for Allegheny’s proposed competitive craft mile for the transportation of mail by aircraft between Binghamton, Syra­ 3. If notice of objection is not filed service in both the Evansville-Indian- within 10 days after service of this or­ apolis and Evansville-New York markets, cuse, and Albany, N.Y., based on six and indicates that this service will not round trips per week. der, or if notice is filed and answer is not cause significant diversion from either No protest or objection was filed filed within 30 days after service of this of the incumbent carriers. against the proposed services during the order, all persons shall be deemed to have Accordingly, it is ordered, That: time for filing such objections. The Post­ waived the right to a hearing and all 1. Within 10 days of the date of this master General states that the Depart­ other procedural steps short of a final order Allegheny shall file a supplement ment and the carrier agree that the decision by the Board, and the Board to its application and petition in Docket above rate is a fair and reasonable rate may enter an order incorporating the 22106, setting forth a second-year fore­ of compensation for the proposed serv­ findings and conclusions proposed herein cast for Allegheny’s proposal, and com­ ices. The Postmaster General believes and fix and determine the final rate plying fully with Rule 1307(a) of the these services will meet postal needs in specified herein; Board’s rules of practice; the market. He states the air taxi plans 4. If answer is filed presenting issues 2. Any interested persons may, within to initiate mail service with Beechcraft for hearing, the issues involved in. de­ 25 days after the filing by Allegheny of 18 aircraft. termining the fair and reasonable final its supplemented application, file with It is in the public interest to fix, de­ rate shall be limited to those specifically the Board an answer to said application, termine, and establish the fair and rea­ raised by the answer, except insofar as such answers to comply with the provi­ other issues are raised in accordance with sonable rate of compensation to be paid Rule 307 of the rules of practice (14 CFR sions of Rules 1306 and 1307(a) of the by the Postmaster General for the pro­ 302.307); and Board’s rules of practice; posed transportation of mail by air­ 3. If answers opposing the application craft, the facilities used and useful 5. This order shall be served upon and requesting a hearing are filed pur­ therefor, and the services connected Commuter Airlines, Inc., the Postmaster suant to paragraph 2, and the Board de­ therewith, between the aforesaid points. General, American Airlines, Inc., Eastern termines that a hearing is required, Upon consideration of the notice of Air Lines, Inc., and Mohawk Airlines, Inc. Allegheny’s application will be consid­ intent and other matters officially no­ This order will be published in the F ed­ ered by the Board under the expedited ticed, it is proposed to issue an order1 eral R eg ister. procedures of Subpart M of its rules of to include the following findings and practice, specifically Rules 1308-1315; conclusions: [ seal] H arry J . Z in k , 4- In the event ho such answers are The fair and reasonable final service Secretary. filed, all further procedural steps will be mail rate to be paid to Commuter Air­ [F.R. Doc. 70-14690; Filed, Oct. 30, 1970; deemed to have been waived and the lines, Inc., in its entirety by the Post­ 8:49 a.m.] Board may proceed to enter an order in master General pursuant to section 406 accordance with the tentative findings of the Act for the transportation of mail [Docket No. 21797; Order 70-10-112] and conclusions set forth herein; by aircraft, the facilities used and use­ 5. The motions of Eastern Air Lines, ful therefor, and the services connected CUTLASS AVIATION, INC. Inc., and Allegheny Airlines, Inc., to file therewith, shall be 68 cents per great otherwise unauthorized documents in circle aircraft mile between Binghamton, Order To Show Cause Docket 22106 be and they hereby are Syracuse, and Albany, N.Y., based on six Issued under delegated authority Oc­ granted; and round trips per week. tober 23, 1970. 6. A copy of this order shall be served upon the following persons, who are Accordingly, pursuant to'the Federal A final service mail rate for the trans­ hereby made parties to this proceeding: Aviation Act of 1958, and particularly portation of mail by Volpar T u r b o lin e r all air carriers certificated to serve New sections 204(a) and 406 thereof, and aircraft, established by Order 70-5-18, York, N.Y., Indianapolis, Ind., and regulations promulgated in 14 CFR, Part dated May 5, 1970, is currently in effect Evansville, Ind.; the cities of Evansville for the above-captioned air taxi, operat­ 1This order to show cause is not a final ing under 14 CFR Part 298. This rate is action and is not regarded as subject to the based on six round trips per week be­ 9 No provision will be made for statements review provisions of 14 CFR, Part 385. These tween Lebanon, N.H., Burlington, Vt., Al­ seeking dismissal p u rsu an t to R ule 1305, as provisions will be applicable to final action bany and New York, N.Y. the pleadings to date have already served the same function. taken by the staff under authority delegated The Postmaster General filed a peti­ in § 385.16(g). . tion on September 25, 1970, stating that

No. 213—Pt. I--- 9 FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 1686e NOTICES the volume of mail involved does not jus­ decision by the Board, and the Board tify weekend trips on Volpar aircraft and may enter an order incorporating the FEDERAL MARITIME COMMISSION he has been authorized by the carrier to findings and conclusions proposed here­ [Docket No. 70-411 petition for a new rate of 58 cents per in and fix and determine the final rate great circle aircraft mile, based on five specified herein; KEY AIR FREIGHT round trips per week with Beech craft 18 4. If answer is filed presenting issues Independent Ocean Freight Forwarder aircraft. The carrier and the Post Office for hearing, the issues involved in de­ License Application; Order of In­ Department have agreed that the pro­ termining the fair and reasonable final vestigation and Hearing posed rate is a fair and reasonable rate rate shall be limited to those specifically for these services. raised by the answer, except insofar as By certified letter dated August 7, The Board finds it in the public inter­ other issues are raised in accordance 1970, Key Air Freight, Inc., 9107 Avia­ est to fix and determine the fair and rea­ with Rule 307 of the rules of practice (14 tion Boulevard, Inglewood, Calif. 90301 sonable rate of compensation to be paid CFR 302.307); and was notified of the Federal Maritime by the Postmaster General for the trans­ 5. This order shall be served upon Commission’s intent to deny its appli­ portation of mail by aircraft between the Cutlass Aviation, Inc., the Postmaster cation for an independent ocean freight General, and Mohawk Airlines, Inc. forwarder license. aforesaid points. Upon consideration of The reasons for the intended denial the petition and other matters officially This order will be published in the are; apparent lack of fitness of appli­ noticed, it is proposed to issue an order1 F ederal Register. to include the following findings and cant’s principals; apparent willful dis­ [seal! Harry J. Zin k, regard by applicant of previous oral in­ conclusions: Secretary. structions that it is illegal to dispatch 1. The fair and reasonable final serv­ export shipments to foreign countries ice mail rate to be paid on and after [F.R. Doc. 70-14644; Filed, Oct. 30, 1970; without being licensed by the Federal September 25, 1970, to Cutlass Aviation, 8:45 a.m.} Maritime Commission; and, apparent Inc., pursuant to section 406 of the Act disregard of Commission rules and reg­ for the transportation of mail by air­ [Docket No. 22598] ulations prescribed in General Order 4, craft, the facilities used and useful thereby knowingly violated section therefor, and the services connected LUFTHANSA GERMAN AIRLINES 44(a), Shipping Act, 1916 (46 U.S.C. therewith, shall be 58 cents per great 841b). circle aircraft mile between Lebanon, Notice of Prehearing Conference and Key Air Freight, Inc. has requested a N.H., Burlington, Vt., Albany and New Hearing hearing to show that denial of the ap­ York, N.Y. Deutsche Lufthansa Aktiengesellschaft plication is unwarranted. 2. This final rate, to be paid entirely (Lufthansa German Airlines). Therefore, it is ordered, Pursuant to by the Postmaster General, is based on Application for amendment of foreign section 22 and 44 of the Shipping Act, five round trips per week flown with air carrier permit pursuant to section 1916 (46 U.S.C. 821 and 841b) that a Beechcraft 18 aircraft. 402(f) of the Federal Aviation Act of proceeding is hereby instituted to de­ Accordingly, pursuant to the Federal 1958, as amended (inclusion of termine whether, in view of the past ac­ Aviation Act of 1958, and particularly Montreal). tivities of its principals, Key Air Freight, sections 204(a) and 406 thereof, and Notice is hereby given that a prehear­ Inc., is “fit” to carry on the business of regulations promulgated in 14 CFR Part ing conference on the above-entitled forwarding and to conform to the pro­ 302, 14 CFR Part 208, and 14 CFR visions of the Shipping Act, 1916, within application is assigned to be held on the meaning of that statute, and 385.16(f), November 5, 1970, at 10 a.m., e.s.t., in It is ordered, That: whether its application should be Room 805, Universal Building, 1825 Con­ granted or denied. 1. Cutlass Aviation, Inc., the Post­ necticut Avenue NW., Washington, D.C., It is further ordered, That this pro­ master General, Mohawk Airlines, Inc., before the undersigned Examiner. ceeding determine whether Key Air and all other interested persons are Notice is also given that the hearing Freight, Inc., has violated section 44(a), directed to show cause why the Board will be held immediately following the Shipping Act, 1916. should not adopt the foregoing proposed conclusion of the prehearing conference findings and conclusions and fix, deter­ It is further ordered, That Key Air mine, and publish the final rate specified since no person objected to this proce­ Freight, Inc., be made respondent in this dure in accordance with the Chief Ex­ proceeding and that the matter be as­ above for the transportation of mall by signed for hearing before an Examiner aircraft, the facilities used and useful aminer’s directive of October 14, 1970, of the Commission’s Office of Hearing therefor, and the services connected and the directive of the undersigned therewith as specified above as the fair Examiners on a date and place to be Examiner on October 19,1970. announced. . and reasonable rate of compensation to It is further ordered, That notice ot be paid to Cutlass Aviation, Inc.; Dated at Washington, D.C., October 28, 1970.. this order be published in the F ederal 2. Further procedures herein shall be R egister and a copy thereof and in accordance with 14 CFR Part 302, and [SEAL] Ross I. NEWMANN, notice of hearing be served upon the notice of any objection to the rate or to Hearing Examiner. respondent. the other findings and conclusions pro­ [ F A Doc. 70-14687; Filed, Oct. 30, 1970; It is further ordered, That any per­ posed herein, shall be filed within 10 8:49 a.m.] sons, other than the respondent, who days, and if notice is filed, written desire to become a party to this proceed­ answer and supporting documents shall ing and to participate therein, shall file be filed within 30 days after service of [Docket No. 21418] a petition to intervene with the Secre­ this order; NORTHEAST AIRLINES, INC. tary Federal Maritime Commission, 3. If notice of objection is not filed Washington, D.C. 20573, with a copy to within 10 days after service of this order, Enforcement Proceeding; Notice of spondent. . . • or if notice is filed and answer is not filed Postponement of Hearing It is further ordered, That all future jtices issued by or on behalf of the within 30 days after service of this order, Notice is hereby given that the hearing all persons shall be deemed to have Mnmission in this proceeding including in the above-entiled proceeding has been >tice of time and place of hearingor waived the right to a hearing and all •ehearing conference, shall be manea other procedural steps short of a final indefinitely postponed. Dated at Washington, D.C., October 27, By the Commission. 1 As W « order to show cause is not a final 1970. aotion, it is not regarded as subject to the [seal] W illiam F. Cusick, [seal] F rancis C. Httrney, review provisions of 14 CFR Part 385. Thèse Hearing Examiner. Secretary. provisions will apply to final action taken by [F.R. Doc. 70-14682; Filed, Oct. 30, 1970; the staff under authority delegated in § 385.16 [F.R. Doc. 70-14688; Filed, Oct. 30, 1970; 8:49 a.m.] 8:49 a m .] (g). FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 NOTICES 16867 [Independent Ocean Freight Forwarder and the statement should indicate that relevance to the issues in this proceeding, License No. 717] this has been done. and why such proof cannot be submitted MONARCH FORWARDING CO. Notice of agreement filed by: through affidavit. Request for eviden­ Order of Revocation William L. Hamm, Secretary, Red Sea and tiary hearing shall be filed on or before Gulf of Aden/U.S. Atlantic and Gulf Rate November 16, 1970. Affidavits of fact and On October 9, 1970, the Commission Agreement, 25 Broadway, New York, N.Y. memoranda of law shall be filed by the received notification that Joseph Menen- 10004. respondent, unless otherwise ordered by dez doing business as Monarch Forward­ the Commission, no later than close of ing Co., 90 West Broadway, New York, Agreement No. 8558-4, among the member lines of the Red Sea and Gulf business November 16, 1970. Replies N.Y. 10007, wished to surrender its In­ thereto shall be filed by Hearing Counsel dependent Ocean Freight Forwarder Li­ of Aden/U.S. Atlantic and Gulf Rate Agreement, amends the basic agreement and intervenors, if any, no later than the cense No. 717 for cancellation effective by (1) adding to Article 4(2) a new para­ close of business November 26, 1970. An immediately. original and 15 copies of affidavits of fact, By virtue of authority vested in me graph (a) to provide for the establish­ ment of a nonreimbursable admission memoranda of law, and replies are re­ by the Federal Maritime Commission as fee of $5,000, and to provide that the quired to be filed with the Secretary, set forth in Manual of Orders, Commis­ admission fee shall be credited to the Federal Maritime Commission, Wash­ sion Order No. 1 (revised) § 7.04(g) ington, D.C. 20573. Copies of any papers (Dated 9-29-70). basic Agreement No. 8558 expenses of the members in the proportion paid by filed with the Secretary should also be It is ordered, That the Independent the respective members in the year prior served upon all parties hereto. Ocean Freight Forwarder License No. It is further ordered, That Sorrentino 717 of Joseph Menendez doing business to admittance of the new member, and that should any member withdraw and Shipping, Inc., be, and it is hereby made as Monarch Forwarding Co., be and is respondent in this proceeding; hereby revoked effective October 9, 1970, apply for readmittance within 6 months without prejudice to reapplication for a then the fee will be waived for the It is further ordered, That this order license at a later date. initial readmittance only, and (2) incor­ be published in the F ederal R egister and porating all previous modifications of served upon Guy G. Sorrentino, presi­ It is further ordered, That a copy of the basic agreement, superseding and dent, Sorrentino Shipping, Inc., 920 Ber­ this order be published in the F ederal canceling Agreement No. 8558-3. gen Avenue, Jersey City, N.J. 07306. R egister and served upon Monarch For­ warding Co., c/o Carl Menendez, 90 West Dated: October 27,1970. Persons other than respondents and Broadway,- New York, N.Y. 10007. Hearing Counsel who desire to become a By order of the Federal Maritime party to this proceeding shall file a peti­ Aaron W. R eese, Commission. tion for leave to intervene in accordance Managing Director. F rancis C. Hurney, with Rule 5(1) (46 CFR 502.72) of the [F.R. Doc. 70-14654; Filed, Oct. 30, 1970; Secretary. Commission’s rules of practice and pro­ 8:46 a.m.] [F.R. Doc. 70-14684; Filed, Oct. 30, 1970; cedure no later than November 3,1970. 8:49 a.m.] By the Commission. RED SEA AND GULF OF ADEN/U.S. seal rancis urney [Docket No. 70-40; Independent Ocean [ ] F C. H , ATLANTIC AND GULF RATE AGREE­ Freight Forwarder License No. 878] Secretary. MENT [F.R. Doc. 70-14683; Filed, Oct. 30, 1970; SORRENTINO SHIPPING, INC. 8:49 a.m.] Notice of Agreement Filed Order To Show Cause Notice is hereby given that the follow­ ing agreement has been filed with the Sorrentino Shipping, Inc., 920 Bergen Commission for approval pursuant to Avenue, Jersey City, N.J. 07306. FEDERAL POWER COMMISSION section 15 of the Shipping Act, 1916, as On June 17, 1970, Sorrentino Ship­ [Docket No. CP70-291] amended (39 Stat. 733, 75 Stat. 763, 46 ping, Inc., a Federal Maritime Commis­ U.S.C. 814). sion licensed independent ocean freight BOSTON GAS CO. Interested parties may inspect and ob­ forwarder was found guilty on 16 counts tain a copy of the agreement at the contained in an information filed by the Notice of Petition To Amend Washington office of the Federal Mari­ U.S. Attorney in the U.S. District Court, O ctober 28,1970. time Commission, 1405 I Street NW., Southern District of New York, involving Take notice that on October 26, 1970, Room 1202; or may inspect the agree­ the misclassification of export shipments Boston Gas Co. (petitioner), 2900 Pru­ ment at the Field Offices located at New in order to obtain a lower ocean freight dential Tower, Boston, Mass. 02199, filed York, N.Y., New Orleans, La., and San rate in violation of section 16, Shipping in Docket No. CP70-291 a petition to Francisco, Calif. Comments on such Act, 1916 (46 U.S.C. 815). amend its application in the subject agreements, including requests for hear­ Section 44(d) of the Shipping Act, docket pursuant to section 3 of the Nat­ ing, may be submitted to the Secretary, 1916 (46 U.S.C. 841d), provides that li­ ural Gas Act so that the total quantity Federal Maritime Commission, Washing­ censes may after notice and hearing be of liquefied natural gas (LNG) set forth ton, D.C. 20573, within 20 days after suspended or revoked for wilful failure to therein shall be increased from 24,000 publication of this notice in the F ederal comply with any provision of the Act, or tions1 to not more than 32,000 tons,2 all R egister. Any person desiring a hearing with any lawful rule of the Commission as more fully set forth in the petition to on the proposed agreement shall provide promulgated thereunder. amend which is on file with the Commis­ a clear and concise statement of the Now, therefore it is ordered, That pur­ sion and open to public inspection. matters upon which they desire to ad­ suant to sections 22 and 44(d) of the Petitioner states that on July 14, 1970, duce evidence. An allegation of discrimi­ Shipping Act, 1916, Sorrentino Shipping, the Commission authorized the Peti­ nation or unfairness shall be accom­ Inc., show cause why its license should tioner to import from Algeria 24,000 tons panied by a statement describing the not be suspended for sixty (60) days be­ of LNG to be purchased from Alocean, discrimination or unfairness with par­ cause it has been found in violation of Ltd. The importation was to be by means ticularity. If a violation of the Act or section 16, Shipping Act, 1916. of the vessels Aristotle and Euclides, or at detriment to the commerce of the United It is further ordered, That this pro­ the option of the seller by vessels equiva­ States is alleged, the statement shall set ceeding shall be limited to the submission forth with particularity the acts and cir­ lent in size to the Methane Princess or of affidavits of fact, memoranda of law, the Esso Brega. Petitioner states that cumstances said to constitute such viola­ and replies. Should the respondent feel tion or detriment to commerce. that an evidentiary hearing is required, A copy of any such statement should it must accompany any request for such 1 Equivalent to approxim ately 1.2 m illion also be forwarded to the party filing the Mcf of n a tu ra l gas in vaporous state. hearing with a statement setting forth »Equivalent to approximately 1.6 million agreement (as indicated hereinafter) in detail the facts to be proven, their Mcf of natural gas in vaporous state.

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16868 NOTICES shipments were expected to commence Tenn., to the Knoxville Utilities Board [Docket No. CP71-116] on or about October 24, 1970, and to be (Knoxville), for a limited term up to and EL PASO NATURAL GAS CO. completed prior to March 31,1971. including May 1, 1975, all as more fully Petitioner states that it has been ad­ set forth in the application which is on Notice of Application vised that the Aristotle is approximately file with the Commission and open to October 27,1970. public inspection. 1 month behind schedule, and the first Take notice that on October 19, 1970, shipment is not expected to arrive in Applicant states that Knoxville will El Paso Natural Gas Co. (applicant), Boston until the first week in December use this section of rented pipeline as a Post Office Box 1492, El Paso, Tex. 79999, 1970. Further, the fitting work on the gas storage facility to supplement its filed in Docket No. CP71-116 a budget- Euclides has been delayed, and that the peak demands. type application pursuant to section 7 (c) Euclides will not deliver its first ship­ Applicant proposes to sever said 16- of the Natural Gas Act and § 157.7(b) ment in Boston until the first week in inch line to prevent cross leakage and to of the regulations thereunder for a cer­ January 1971. Petitioner states that even install two 16-inch weld caps at an esti­ tificate of public convenience and neces­ if the schedule is met and the Aristotle mated cost of $350. sity authorizing the construction, during and Euclides deliver LNG equivalent to Applicant states that under the terms the calendar year 1971, and the opera­ 700,000 Mcf prior to March 31,1971, peti­ of the proposed rental agreement, Knox­ tion of budget-type gas-purchase facil­ tioner will still suffer a deficiency equal ville will pay applicant an annual fee ities to enable applicant to attach to its to approximately 500,000 Mcf from the which is the product of the annual aver­ Northwest Division System natural gas quantity originally expected. age cost per mile for operation and which will be purchased from author­ Petitioner states that it hopes to make maintenance of Applicant’s pipelines in ized independent producers or similar up this deficit by contracting with an the Knoxville area multiplied by 6.12 sellers, all as more fully set forth in the LNG tanker to transport LNG to be pur­ miles. application on file with the Commission chased from Alocean, Ltd. or another Applicant further states that the term and open to public inspection. entity engaged in the foreign LNG trade. of the proposed rental agreement is sub­ Applicant states that the authorization Petitioner states that it could not enter ject to (1) being suspended or terminated requested will enable applicant to act into a binding contract for a shipload— by applicant if operating conditions on with dispatch in contracting for and at­ in excess of LNG equivalent of 500,000 applicant’s pipeline system make it ad­ taching new or expanded supplies of nat­ Mcf—without an increase in the amount visable to utilize such section of pipe in ural gas. of LNG which Petitioner is authorized the operation of its pipeline system; (2) The application states that the pro­ to import. Petitioner requests that its ap­ being terminated by Knoxville if the use posed facilities are to be utilized for the plication in the subject docket be of such section of pipe is no longer useful attachment of relatively minor new or amended to provide for the importation to Knoxville. expanded supplies of natural gas in var­ of up to 32,000 tons of LNG, and that an Any person desiring to be heard or to ious producing areas generally coexten­ order issue authorizing such importation. make any protest with reference to said sive with applicant’s Northwest Division It appears reasonable and consistent application should on or before Novem­ System as well as handling increased with the public interest in this case to ber 17, 1970, file with the Federal Power deliverability from existing sources and prescribe a period shorter than 15 days Commission, Washington, D.C. 20426, a insuring the orderly depletion of reserves. for the filing of protests and petitions petition to intervene or a protest in ac­ Applicant states that the total cost of to intervene. Accordingly, any person cordance with the requirements of the the proposed facilities will not exceed desiring to be heard or to make any pro­ Commission’s rules of practice and pro­ a maximum of $1 million and no single test with reference to said application cedure (18 CFR 1.8 or 1.10) and the regu­ project will exceed a cost of $250,000. should on or before November 10, 1970, lations under the Natural Gas Act (18 The facilities constructed under the au­ file with the Federal Power Commission, CFR 157.10). All protests filed with the thorization requested will be financed Washington, D.C. 20426, a petition to Commission will be considered by it in through use of working funds, supple­ intervene or a protest in accordance with determining the appropriate action to be mented, as necessary, by short-term the requirements of the Commission’s taken but will not serve to make the Pro­ borrowings. rules of practice and procedure (18 CFR testants parties to the proceeding. Any Any person desiring to be heard or 1.8 or 1.10). All protests filed with the person wishing to become a party to a to make any protest with reference to Commission will be considered by it in proceeding or to participate as a party said application should on or before determining the appropriate action to be in any hearing therein must file a peti­ November 17, 1970, file with the Federal taken but will not serve to make the tion to intervene in accordance with the Power Commission, Washington, D.C. Protestants parties to the proceeding. Commission’s rules. 20426, a petition to intervene or a pro­ Any person wishing to become a party Take further notice that, pursuant to test in accordance with the requirements to a proceeding or to participate as a the authority contained in and subject to of the Commission’s rules of practice and party in any hearing therein must file a the jurisdiction conferred upon the Fed­ procedure (18 CFR 1.8 or 1.10) and the petition to intervene in accordance with eral Power Commission by sections 7 and regulations under the Natural Gas Act the Commission’s rules. 15 of the Natural Gas Act and the Com­ (18 CFR 157.10). All protests filed with G ordon M. G rant, mission’s rules of practice and procedure, the Commission will be considered by Secretary. a hearing will be held without further it in determining the appropriate action notice before the Commission on this to be taken but will not serve to make [F.R. Doc. 70-14697; Filed, Oct. 30, 1971; the protestants parties to the proceed­ 8:50 a.m.] application if no petition to intervene is filed within the time required herein, if ing. Any person wishing to become a the Commission on its own review of the party to a proceeding or to participate [Docket No. CP71-111] matter finds that a grant of the certifi­ as a party in any hearing therein must cate is required by the public convenience file a petition to intervene in accordance EAST TENNESSEE NATURAL GAS CO. and necessity. If a petition for leave to with the Commission’s rules. Notice of Application intervene is timely filed, or if the Com­ Take further notice that, pursuant to mission on its own motion believes that the authority contained in and su b je ct October 27, 1970. a formal hearing is required, further no­ to the jurisdiction conferred upon the Take notice that on October 16, 1970, tice of such hearing will be duly given. Federal Power Commission by sections East Tennessee Natural Gas Co. (ap­ Under the procedure herein provided 7 and 15 of the Natural Gas Act and plicant), Post Office Box 10245, Knox­ for, unless otherwise advised, it will be the Commission’s rules of practice and ville, Term. 37919, filed in Docket No. unnecessary for applicant to appear or procedure, a hearing will be held with­ CP71-111 an application pursuant to out further notice before the Commis­ section 7(c) of the Natural Gas Act for be represented at the hearing. sion on this application if no petition a certificate of public convenience and Gordon M. G rant, to intervene is filed within the time re­ necessity authorizing it to rent the use Secretary. quired herein, if the Commission on its of 6.12 miles Of 16-inch O.D. x 0.281-inch [F.R. Doc. 70-14698; Filed, Oct. 30, 1970; own review of the matter finds that a W.T. pipeline located in Knox County, 8:50 a.m.] grant of the certificate or permission

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 NOTICES 16869 and approval for the proposed abandon­ Any person desiring to be heard or to able applicant to act with dispatch in ment is required by the public conven­ make any protest with reference to said accommodating requests of its Northwest ience and necessity. If a petition for application should on or before Novem­ Division distributor customers for rela­ leave to intervene is timely filed, or if ber 17, 1970, file with the Federal Power tively minor natural gas service and to the Commission on its own motion be­ Commission, Washington, D.C. 20426, a exercise more efficient control over the lieves that a formal hearing is required, petition to intervene or a protest in ac­ volumes of gas sold and delivered. further notice of such hearing will be cordance with the requirements of the Applicant states that the proposed fa­ duly given. Commission’s rules of practice and pro­ cilities are to be utilized for the sale and Under the procedure herein provided cedure (18 CFR 1.8 or 1.10) and the reg­ delivery of natural gas to applicant’s ex­ for, unless otherwise advised, it will be ulations under the Natural Gas Act (18 isting, authorized Northwest Division dis­ unnecessary for applicant to appear or CFR 157.10). All protests filed with the tributor customers for resale and general be represented at the hearing. Commission will be considered by it in distribution to consumers situated in ex­ G ordon M . G rant, determining the appropriate action to be isting market areas in the States of Colo­ Secretary. taken but will not serve to make the rado, Utah, Wyoming, Idaho, Oregon, Protestants parties to the proceeding. and Washington. The rates which shall [F.R. Doc. 70-14703; FUed, Oct. 30, 1970; Any person wishing to become a party apply to the proposed sales and deliveries 8:50 a.m.] to a proceeding or to participate as a are those contained in applicant’s FPC party in any hearing therein must file a Gas Tariff, Original Volume No. 3. To [Docket No. CP71-113] petition to intervene in accordance with implement the foregoing sales and de­ the Commission’s rules. liveries, applicant will utilize supplies of EL PASO NATURAL GAS CO. Take further notice that, pursuant to natural gas attached directly to its Notice of Application the authority contained in and subject Northwest Division System or trans­ to the jurisdiction conferred upon the ported for the account of applicant by O ctober 27, 1970. Federal Power Commission by sections 7 PGT. Take notice that on October 19, 1970, and 15 of the Natural Gas Act and the The application reflects that the maxi­ El Paso Natural Gas Co. (appli­ Commission’s rules of practice and pro­ mum facilities for which authorization cant), Post Office Box 1492, El Paso, cedure, a hearing will be held without is requested consist of 15 taps at an Tex. 79999, filed in Docket No. CP71-113 further notice before the Commission on aggregate cost not to exceed $19,500; 15 a budget-type application pursuant to this application if no petition to inter­ measuring and regulating stations at an section 7(c) of the Natural Gas Act and vene is filed within the time required aggregate cost not to exceed $142,500; § 157.7(c) of the regulations thereunder herein, if the Commission on its own re­ and three lateral or loop pipelines, not to for a certificate of public convenience view of the matter finds that a grant of exceed a maximum diameter of 8%-inch and necessity authorizing the construc­ the certificate or permission and approv­ /’O.D. and a maximum length of 7 miles, tion, during the calendar year 1971, and al for the proposed abandonment is re­ at an aggregate cost not to exceed the operation of gas-sales facilities and quired by the public convenience and $138,000. The total cost of all proposed the sale and delivery of natural gas, all' necessity. If a petition for leave to inter­ facilities will not exceed a maximum of as more fully set forth in the applica­ vene is timely filed, or if the Commission $300,000. The application states that the tion on file with the Commission and on its own motion believes that a formal facilities constructed under the authori­ open to public inspection. hearing is required, further notice of zation requested will be financed through Applicant states that the grant of the such hearing will be duly given. use of working funds, supplemented, as authorization requested herein will en­ Under the procedure herein provided necessary, by short-term borrowings. able applicant to act with dispatch in for, unless otherwise advised, it will be Any person desiring to be heard or to accommodating requests of its Southern unnecessary for applicant to appear or make any protest with reference to said Division distributor customers for rela­ be represented at the hearing. application should on or before Novem­ tively minor natural gas service and to ber 16, 1970, file with the Federal Power exercise more efficient control over the G ordon M . G rant, Commission, Washington, D.C. 20426, a volumes of gas sold and delivered. Secretary. petition to intervene or a protest in The application states that the pro­ [F.R. Doc. 70-14699; Filed, Oct. 30, 1970; accordance with the requirements of the posed facilities are to be utilized for the 8:50 a.m.] Commission’s rules of practice and pro­ sale and delivery of natural gas to ap­ cedure (18 CFR 1.8 or 1.10) and the plicant’s existing authorized Southern [Docket No. CP71-114] regulations under the Natural Gas Act Division distributor customers for resale (18 CFR 157.10). All protests filed with and general distribution in present serv­ EL PASO NATURAL GAS CO. the Commission will be considered by it in determining the appropriate action ice areas situated in the States of Texas, Notice of Application Oklahoma, New Mexico, and Arizona, to be taken but will not serve to make and San Juan County, Utah. The rates O ctober 26, 1970. the protestants parties to the proceeding. which shall apply to the proposed sales Take notice that on October 19, 1970, Any person wishing to become a party and deliveries are those contained in El Paso Natural Gas Co. (applicant), to a proceeding or to participate as a applicant’s FPC Gas Tariff, Original Post Office Box 1492, El Paso, Tex. 79999, party in any hearing therein must file Volume No. 1. a petition to intervene in accordance with filed in Docket No. CP71-114 a budget- the Commission’s rules. The application reflects that the max­ type application pursuant to section 7(c) of the Natural Gas Act and § 157.7(c) of Take further notice that, pursuant to imum facilities for which authorization the authority contained in and subject is requested consist of 25 taps at an ag­ the regulations thereunder for a certifi­ to the jurisdiction conferred upon the gregate cost not to exceed $15,000; fif­ cate of public convenience and necessity Federal Power Commission by sections 7 teen measuring and regulating stations authorizing the construction during the and 15 of the Natural Gas Act and the at an aggregate cost not to exceed calendar year 1971 and the operation of Commission’s rules of practice and pro­ $135,000; and three lateral or loop pipe- gas-sales facilities and the sale and de­ cedure, a hearing will be held without lines, not to exceed a maximum diameter livery of natural gas by means thereof, further notice before the Commission of 8/s-inch O.D. and a maximum length and the sale and delivery of natural gas on this application if no petition to inter­ of 8 miles, at an aggregate cost not to by means of facilities to be constructed vene is filed within the time required exceed $150,000. The total cost of all during the calendar year 1971 and oper­ herein, if the Commission on its own proposed facilities will not exceed a max­ ated by Pacific Gas Transmission Co. review of the matter finds that a grant imum of $300,000. The facilities con­ (PGT), all as more fully set forth in of the certificate or permission and ap­ structed under the authorization re­ the application on file with the Commis­ proval for the proposed abandonment is quested will be financed through use sion and open to public inspection. required by the public convenience and of working funds, supplemented, as nec­ Applicant states that the grant of the necessity. If a petition for leave to inter­ essary, by short-term borrowings. authorization requested herein will en­ vene is timely filed, or if the Commission

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16870 NOTICES on its own motion believes that a formal file a petition to intervene in accordance the Commission will be considered by it hearing is required, further notice of with the Commission’s rules. in determining the appropriate action such hearing will be duly given. Take further notice that, pursuant to to be taken but will not serve to make Under the procedure herein provided the authority contained in and subject the protestants parties to the proceed­ for, unless otherwise advised, it will be to the jurisdiction conferred upon the ing. Any person wishing to become a unnecessary for applicant to appear or Federal Power Commission by sections party to a proceeding or to participate be represented at the hearing. 7 and 15 of the Natural Gas Act and the as a party in any hearing therein must Commission’s rules of practice and pro­ file a petition to intervene in accordance G ordon M. G rant, cedure, a hearing will be held without with the Commission’s rules. Secretary. further notice before the Commission on Take further notice that, pursuant to [F Jl. Doc. 70-14700; Filed, Oct. 30, 1970; this application if no petition to inter­ the authority contained in and subject to 8:50 a.m.] vene is filed within the time required the jurisdiction conferred upon the Fed­ herein, if the Commission on its own re­ eral Power Commission by sections 7 and view of the matter finds that a grant of 15 of the Natural Gas Act and the Com­ [Docket No. CP71-115] the certificate or permission and ap­ mission’s rules of practice and procedure, EL PASO NATURAL GAS CO. proval for the proposed abandonment is a hearing will be held without further required by the public convenience and notice before the Commission on this ap­ Notice of Application necessity. If a petition for leave to inter­ plication if no petition to intervene is O ctober 27, 1970. vene is timely filed, or if the Commission filed within the time required herein, if on its own motion believes that a formal the Commission on its own review of Take notice that on October 19, 1970, hearing is required, further notice of the matter finds that a grant of the cer­ El Paso Natural Gas Co. (applicant), such hearing will be duly given. tificate is required by the public con­ Post Office Box 1492, El Paso, Tex. 79999, Under the procedure herein provided venience and necessity. If a petition for filed in Docket No. CP71-115 a budget- for, unless otherwise advised, it will be leave to intervene is timely filed, or if type application pursuant to section 7(c) unnecessary for applicant to appear or the Commission on its own motion be­ of the Natural Gas Act and § 157.7(b) be represented at the hearing. lieves that a formal hearing is required, of the Regulations thereunder for a cer­ further notice of such hearing will be tificate of public convenience and neces­ G ordon M. G rant, duly given. sity authorizing the construction, during Secretary. Under the procedure herein provided the calendar year 197i, and the operation [F.R. Doc. 70-14701; Filed, Oct. 30, 1970; for, unless otherwise advised, it will be of budget-type gas-purchase facilities to 8:50 a.m.] unnecessary for applicant to appear or enable applicant to attach to its South­ be represented at the hearing. ern Division System natural gas which will be purchased from authorized inde­ [Docket No. CP71-109] G ordon M. G rant, pendent producers or similar sellers, all HOME GAS CO. * Secretary. as more fully set forth in the application [F.R. Doc. 70-14660; Filed, Oct. 30, 1970; on file with the Commission and open to Notice of Application 8:47 a.m.] public inspection. O ctober 26, 1970. Applicant states that the authorization requested will enable applicant to act Take notice that on October 16, 1970, [Docket No. CP64r-150] with dispatch in contracting for and# at­ Home Gas Co. (applicant), 800 Union Trust Building, Pittsburgh, Pa. 15219, NATURAL GAS PIPELINE COMPANY taching new or expanded supplies of OF AMERICA natural gas. filed in Docket No. CP71-109 an applica­ tion pursuant to section 7(c) of the Nat­ Notice of Petition To Amend The application states that the pro­ ural Gas Act for a certificate of public posed facilities are to be utilized for the O ctober 26,1970. attachment of relatively minor new or convenience and necessity authorizing expanded supplies of natural gas in var­ the construction and operation of a pipe­ Take notice that on October 16, 1970, ious producing areas generally co-exten- line facilities in Alleghany County, N.Y., Natural Gas Pipeline Company of Amer­ sive with applicant’s Southern Division all as more fully set forth in the applica­ ica (petitioner), 122 South Michigan System as well as handling increased de- tion which is on file with the Commis­ Avenue, Chicago, HI. 60603, filed in liverability from existing sources and in­ sion and open to public inspection. Docket No. CP64-150 a petition to amend suring the orderly depletion of reserves. Specifically, applicant seeks authori­ the order issued pursuant to section 7 (c) zation to construct and operate 3.9 miles of the Natural Gas Act in said docket on Applicant states that the total cost of of 4-inch pipeline from the Scio Pro­ November 8, 1965, by authorizing an in­ the proposed facilities will not exceed a duction Field to a point on its existing crease in the amount of gas which may m a x im u m of $4 million and no single transmission system in Allegany County, be stored in petitioner’s Sayre storage project will exceed a cost of $1 million. N.Y. field, all as more fully set forth in the The facilities constructed under the au­ Applicant states that the proposed petition to amend which is on file with thorization requested will be financed the Commission and open to public through use of working funds, supple­ pipeline is necessary to attach newly mented, as necessary, by short-term developed gas reserves to its system in inspection. order to augment its present gas supply By the order issued November 8, 1965, borrowings. to meet the demands of its customers in the instant docket, petitioner was au­ Any person desiring to be heard or during this winter and forthcoming thorized, inter alia, to operate the Sayre to make any protest with reference to winters. underground gas storage field. Said order said application should on or before No­ limited the combined inventory of gas vember 17, 1970, file with the Federal Applicant estimates that the total cost Power Commission, Washington, D.C. of construction of the proposed facilities stored in said field of petitioner and is $133,000, which will be financed from Oklahoma Natural Gas Storage Co. to 20426, a petition to intervene or a pro­ an amount not to exceed 56 million Mcf. test in accordance with the requirements funds on hand. of the Commission’s rules of practice Any person desiring to be heard or to By the instant filing, petitioner re­ and procedure (18 CFR 1.8 or 1.10) and make any protest with reference to said quests that this limitation be increased the regulations under the Natural Gas application should on or before No­ by 4 million Mcf to 60 million Mcf. Peti­ Act (18 CFR 157.10). All protests filed vember 16, 1970, file with the Federal tioner states that its customers’ demand with the Commission will be considered Power Commission, Washington, D.C. for winter gas can vary greatly because by it in determining the appropriate ac­ 20426, a petition to intervene or a pro­ of rapidly changing weather conditions. tion to be taken but will not serve to test in accordance with the requirements In addition, petitioner states that its make the protestants parties to the pro­ of the Commission’s rules of practice and supply is expected to vary widely because ceeding. Any person wishing to become procedure (18 CFR 1.8 or 1.10) and the it expects to begin receivng Canadian a party to a proceeding or to participate regulations under the Natural Gas Act gas on November 1,1970, which will first as a party in any hearing therein must (18 CFR 157.10). All protests filed with be offered to its customers on December 1,

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 NOTICES 16871 1970. Petitioner states that these varia­ ber 16, 1970, file with the Federal Power sections are surmounted by 2-foot flash- tions in supply and demand can be miti­ Commission, Washington, D.C. 20426, a boards) ; (2) a 15 x 20 foot tainter gate gated by further injection into and petition to intervene or a protest in ac­ located between the dam and the power­ withdrawals from the Sayre storage field. cordance with the requirements of the house; (3) a reservoir extending about Petitioner states that an increase in the Commission’s rules of practice and pro­ 5% miles upstream and having a surface limitation of inventory level to 60 million cedure (18 CFR 1.8 or 1.10) and the regu­ area of about 405 acres; (4) a powerhouse Mcf will afford full use of the flexibility lations under the Natural Gas Act (18 containing one 2,150 hp. turbine operat­ of Sayre storage during the remainder of CFR 157.10). All protests filed with the ing under a head of 14.5 feet directly 1970, permitting more efficient operations Commission will be considered by it in connected to a 1,600 kw. generator, and and more efficient use of petitioner’s gas determining the appropriate action to be (5) all other facilities and interests ap­ supply. taken but will not serve to make the purtenant to operation of the project. Any person desiring to be hea*d or to Protestants parties to the proceeding. Applicant proposes to reserve approxi­ make any protest with reference to said Any person wishing to become a party to mately 40 acres of project land for future petition to amend should on or before a proceeding or to participate as a party recreational development. November 16, 1970, file with the Federal in any hearing therein must file a peti­ According to the application: (1) Power Commission, Washington, D.C. tion to intervene in accordance with the Power produced by the project is used 20426, a petition to intervene or a pro­ Commission’s rules. in applicant’s system serving a number of test in accordance with the requirements Take further notice that, pursuant to cities, municipalities and other utilities of the Commission’s rules of practice and the authority contained in and subject to within the State of New Hampshire and procedure (18 CFR 1.8 or 1.10) and the the jurisdiction conferred upon the Fed­ communities in Maine and Vermont; regulations under the Natural Gas Act eral Power Commission by sections 7 and (2) the net investment in the project is (18 CFR 157.10). All protests filed with 15 of the Natural Gas Act and the Com­ estimated to be about $280,000 as of the Commission will be considered by it mission’s rules of practice and procedure, June 30,1970 which is less than the esti­ in determining the appropriate action to a hearing will be held without further mated fair value; (3) the estimated sev­ be taken but will not serve to make the notice before the Commission on this erance damages in event of "takeover” Protestants parties to the proceeding. application if no petition to intervene is by the United States is not furnished; Any person wishing to become a party filed within the time required herein, if and (4) the project provides estimated to a proceeding or to participate as a the Commission on its own review of the annual taxes to State and local govern­ party in any hearing therein must file matter finds that a grant of the certifi­ ment agencies in the amount of $18,653. a petition to intervene in accordance with cate is required by the public convenience Any person desiring to be heard or to the Commission’s rules. and necessity. If a petition for leave to make any protest with reference to said G ordon M . G rant, intervene is timely filed, or if the Com­ application should on or before De­ Secretary. mission on its own motion believes that cember 29, 1970, file with the Federal a formal hearing is required, further Power Commission, Washington, D.C. [F.R. Doc. 70-14662; Filed, Oct. 30, 1970; notice of such hearing will be duly given. 20426, petitions to intervene or protests 8:47 a.m.] Under the procedure herein provided in accordance with the requirements of for, unless otherwise advised, it will be the Commission’s rules of practice and [Docket No. CP71-110] unnecessary for applicant to appear or be procedure (18 CFR 1.8 or 1.10), All pro­ represented at the hearing. tests filed with the Commission will be NORTHERN NATURAL GAS CO. G ordon M . G rant, considered by it in determining the ap­ Notice of Application Secretary. propriate action to be taken but will not serve to make the protestants parties to O ctober 26, 1970. [F.R. Doc. 70-14663; Filed. Oct. 30, 1970; the proceeding. Persons wishing to be­ Take notice that on October 16, 1970, 8:47 a.m.] come parties to a proceeding or to par­ Northern Natural Gas Co. (applicant), ticipate as a party in any hearing therein 2223 Dodge Street, Omaha, Nebr. 68102, [Project No. 19131 must file petitions to intervene in ac­ filed in Docket No. CP71-110 an applica­ cordance with the Commission’s rules. tion pursuant to section 7(c) of the PUBLIC SERVICE COMPANY OF The application is on file with the Com­ Natural Gas Act for a certificate of public NEW HAMPSHIRE mission and available for public inspection. convenience and necessity authorizing Notice of Application for New License applicant to continue operation of exist­ G ordon M . G rant, ing facilities for delivery of natural gas for Constructed Project Secretary. to Pioneer NaturarGas Co. (Pioneer) for O ctober 26,1970. [F.R. Doc. 70-14661; Filed, Oct. 30, 1970; resale, all as more fully set forth in the 8:47 a.m.] application which is on file with the Com­ Public notice is hereby given that ap­ mission and open to public inspection. plication for new license has been filed under section 15 of the Federal Power [Docket No. CP68-330] Specifically, applicant requests author­ Act (16 U.S.C. 791a-825r) by Public Serv­ ity to continue the sale and delivery of TENNESSEE GAS PIPELINE CO. natural gas to Pioneer from applicant’s ice Company of New Hampshire (corre­ side tap on the 12-inch Hunt-Baggett spondence to: Eliot Priest, Vice Presi­ Notice of Petition To Amend line at a point in section 31, Block GH, dent, Public Service Company of New GC, and SF, RR Survey, Crockett County, Hampshire, 1087 Elm Street, Manchester, O ctober 27, 1970. Tex. N.H. 03105) , for its constructed Hooksett Take notice that on October 15, 1970, Project No. 1913, located on the Merri­ Applicant states that at the time these Tennessee Gas Pipeline Co., a division of mack River in the town of Hooksett, in Tenneco Inc. (petitioner), Tenneco facilities were installed, it was thought Merrimack County, N.H., in the vicinity that no prior Commission authorization Building, Houston, Tex. 77001, filed in of Concord, Manchester, and Nashua. Docket No. CP68-330 a petition to amend was required. However, it now appears The present license for the project will that Commission authority should be the certificate of public convenience and obtained. expire June 30,1971. necessity issued by the Commission pur­ The Hooksett Project consists of: (1) suant to section 7(c) of the Natural Gas Applicant further states that no new A dam with crest at elevation 187 feet, in Act in said docket on December 19, 1969, facilities are proposed nor will such con­ two sections; (a) a stone masonry sec­ all as more fully set forth in the petition tinuance of operation of existing facil­ tion, approximately 340 feet long, ex­ which is on file with the Commission and ities affect applicant’s ability to render tending from the west bank of the river open to public inspection. service, presently authorized by the Com­ and connecting to, (b) a second section mission, to its other existing customers. Petitioner states that the Commission of concrete, approximately 250 feet in authorized the construction of certain Any person desiring to be heard or to length, which runs longitudinally up and facilities Offshore Louisiana in its orders make any protest with reference to said down the river near the east bank and issued on September 19, 1967, and application should on or before Novem­ forms a canal to the powerhouse (both December 19, 1967, in Dockets Nos. CP

FEDERAL REGiSTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16872 NOTICES 65-356 and CP68-330, respectively. Peti­ pursuant to a service agreement signed Commission, Washington, D.C. 20426, a tioner states that due to engineering September 22, 1970. petition to intervene or a protest in ac­ difficulties, the original plans had to be Any person desiring to be heard or to cordance with the requirements of the altered and the authorized 12-inch line make any protest with reference to said Commission’s rules of practice and pro­ was connected to a pipeline extending petition to amend should on or before cedure (18 CFR 1.8 or 1.10) and the westerly from Block 198. This resulted in November 16, 1970, file with the Federal regulations under the Natural Gas Act a shortening of the 12-inch line from Power Commission, Washington, D.C. (18 CFR 157.10). All protests filed with 5,000 feet to 0.16 mile. In addition, peti­ 20426, a petition to intervene or a pro­ the Commission will be considered by it tioner states it had to construct 1.38 test in accordance with the requirements in determining the appropriate action to miles of 16-inch line from platform of the Commission’s rules of practice and be taken but will not serve to make the 198-F to petttioner’s>26-inch line, which procedure (18 CFR 1.8 or 1.10) and the protestants parties to the proceeding. extends from Ship Shoal Block 198 to regulations under the Natural Gas Act Any person wishing to become a party to petitioner’s Main Line Valve 523. (18 CFR 157.10). All protests filed with a proceeding or to participate as a party Petitioner requests that the Commis­ the Commission will be considered by it in any hearing therein must file a peti­ sion authorize the construction and op­ in determining the appropriate action to tion to intervene in accordance with the eration of the above-mentioned facilities be taken but will not serve to make the Commission’s rules. and delete the authorization for the Protestants parties to the proceeding. Take further notice that, pursuant to abovementioned 5,000 feet of 12-inch Any person wishing to become a party to the authority contained in and subject to pipeline. a proceeding or to participate as a party the jurisdiction conferred upon the Fed­ Petitioner states that the estimated in any hearing therein must file a peti­ eral Power Commission by sections 7 and costs of the facilities authorized in tion to intervene in accordance with the 15 of the Natural Gas Act and the Com­ Docket No. CP68-330 and the actual costs Commission’s rules. mission’s rules of practice and procedure, of the facilities constructed were stated G ordon M . G rant, a hearing will be held without further in a comparative cost statement filed Secretary. notice before the Commission on this with the Commission on August 4, 1970. application if no petition to intervene is [F.R. Doc. 70-14664; Filed, Oct. 30, 1970; filed within the time required herein, if Any person desiring to be heard or to 8:47 a.m.] make any protest with reference to said the Commission on its own review of the petition to amend should on or before matter finds that a grant of the certifi­ November 17, 1970, file with the Federal [Docket No. CP71-112] cate is required by the public conven­ Power Commission, Washington, D.C. ience and necessity. If a petition for leave 20426, a petition to intervene or a pro­ TRANSCONTINENTAL GAS PIPE to intervene is timely filed, or if the test in accordance with the requirements LINE CORP. Commission on its own motion believes that a formal hearing in required, fur­ of the Commission’s rules of practice and Notice of Application procedure (18 CFR 1.8 or 1.10) and the ther notice of such hearing will be duly regulations under the Natural Gas Act October 26,1970. given. (18 CFR 157.10). All protests filed with Take notice that on October 19, 1970, Under the procedure herein provided the Commission will be considered by it Transcontinental Gas Pipe Line Corp. for, unless otherwise advised, it will be in determining the appropriate action to (applicant). Post Office Box 1396, Hous­ unnecessary for applicant to appear or be taken but will not serve to make the ton, Tex. 77001, filed in Docket No. CP71- be represented at the hearing. Protestants parties to the proceeding. 112 an application pursuant to section G ordon M . G rant, Any person wishing to become a party to 7(c) of the Natural Gas Act for a certifi­ Secretary. a proceeding or to participate as a party cate of public convenience and necessity, in any hearing therein must file a peti­ authorizing the construction, installation [F.R . Doc. 70-14665; Filed, Oct. 80, 1970; tion to intervene in accordance with the and operation of a sales meter station 8:47 a.m.] Commission’s rules. and appurtenant equipment to be [Docket No. CP71-119] G ordon M. G rant, located on applicant’s transmission sys­ Secretary. tem in Cherokee County, S.C., all as more fu lly set forth in the application which UNITED FUEL GAS CO. ; [F.R . Doc. 70-14704, Filed, Oct. 30, 1970; is on file with the Commission and open Notice of Application 8:50 a jn .] to public inspection. Applicant states that the proposed O ctober 28, 1970. [Docket No. CP67-131] sales meter station will be utilized as an Take notice that on October 21, 1970, additional point of delivery for natural United Fuel Gas Co. (applicant), Post TRANSWESTERN PIPELINE CO. gas service to North and South Caro­ Office Box 1273, Charleston, W. Va. 25325, lina Division of United Cities Gas Co. filed in Docket No. CP71-119 an applica­ Notice of Petition To Amend (United Cities), and existing resale tion, pursuant to section 7(c) of the O ctober 26, 1970. customer. Applicant states that United Natural Gas Act and § 157.7(b) of the f Take notice that on October 19, 1970, Cities has requested this additional regulations thereunder, for a certificate Transwestem Pipeline Co. (petitioner), delivery point from applicant principally of public convenience and necessity au­ Post Office Box 2521, Houston, Tex. to serve an industrial customer in the thorizing the construction and operation 77001, filed in Docket No. CP67-131 a area, the Timkin Roller Bearing Co. of gas purchase facilities, all as more petition to amend the certificate of However, applicant states that this pro­ fully set forth in the application which public convenience and necessity issued posal will also serve to reinforce United is on file with the Commission and open by the Commission pursuant to section Cities’ existing distribution system in to public inspection. 7(c) of the Natural Gas Act on Janu­ Gaffney, S.C. Applicant states that the authorization ary 13,1967, all as more fully set forth in Applicant states that volumes of gas sought will enable applicant to act with the petition on file with the Commission purchased by United Cities from appli­ reasonable dispatch in constructing and and open to public inspection. cant at this delivery point will be out of operating necessary gas purchase facili­ Petitioner states that said certificate allocations previously authorized by the ties and will enable applicant to coordi­ as amended authorized petitioner to sell Commission. nate effectively the attachment of emer­ and deliver surplus, interuptible gas to Applicant estimates that the proposed gency deliveries of the natural gas from Pioneer Natural Gas Co., in Parmer facilities will cost $34,400, which amount independent producers. County, Tex., which authorization termi­ will be reimbursed in full to applicant Specifically, applicant requests budg­ nated September 30, 1970. by United Cities. et-type authorization to construct, In the instant petition, petitioner re­ Any person desiring to be heard oy to during the 12-month period ending Octo­ quests extension of the authorization, make any protest with reference to said ber 31,1971, and operate up to $3 million through September 30, 1971, because the application should on or before Novem­ parties desire an extension of the service ber 16, 1970, file with the Federal Power of gas purchase facilities, with no single

FEDERAL REGISTER, V O L 35, NO. 213— SATURDAY, OCTOBER 31, 1970 NOTICES * 16873 project involving an expenditure of more line Co.’s southern transmission system unnecessary for applicant to appear or than $750,000. terminus, Rollover Bayou, Vermilion be represented at the hearing. Applicant states that the total amount Parish, La., all as more fully set forth in expended pursuant to the requested au­ the application which is on file with the G ordon M . G rant, thorization will be financed through open Com m ission and open to public Secretary. account advances from and the issuance inspection. [FJR. Doc. 70-14705; Filed, Oct. 30, 1970; of promissory notes and common stock Specifically, applicant proposes to con­ 8:50 a.m.] to applicant’s parent company, The struct and operate a 6%-inch gathering Columbia Gas System, Inc. line and a 12%-inch transmission line, [Project No. 1893] Any person desiring to be heard or to the lengths of which will be 8,111 feet make any protest with reference to said and 46,835 feet respectively. Applicant PUBLIC SERVICE COMPANY OF application should on or before1 Novem­ also proposes to construct and operate NEW HAMPSHIRE ber 17, 1970, file with the Federal Power onshore separation and dehydration Commission, Washington, D.C. 20426, a facilities adjacent to and prior to the Notice of Application for New License petition to intervene or a protest in ac­ point of natural gas redelivery to Ten­ for Constructed Project cordance with the requirements of the nessee Gas Pipeline Co. for the account October 23,1970. Commission’s rules of practice and pro­ of applicant’s parent company, Union cedure (18 CFR 157.10). All protests filed Oil Co. of California (Union), one of the Public notice is hereby given that ap­ with the Commission will be considered natural gas producers in Rollover Block plication for a new license has been filed by it in determining the appropriate 39 Field. under section 15 of the Federal Power action to be taken but will not serve to Applicant requests authority to trans­ Act (16 U.S.C. 791a-825r) by Public Serv­ make the protestants parties to the pro­ port a peak day volume of 110,000 Mcf of ice Company of New Hampshire (corre­ ceeding. Any person wishing to become natural gas and condensate for Union, sponding to; Eliot Priest, Vice President, a party to a proceeding or to participate superseding a transportation service Public Service Company of New Hamp­ as a party in any hearing therein must which has been provided by the Jupiter shire, 1087 Elm Street, Manchester, N.H. file a petition to intervene in accordance Corp. Applicant proposes a multiphase 03105) for its constructed Amoskeag with the Commission’s Rules. transportation system to transport the Project No. 1893, located on the Merri­ natural gas and condensate. mack River in the city of Manchester Take further notice that, pursuant to and the counties of Merrimack and Hills­ the authority contained in and subject to Applicant states that the charge to boro, N.H., in the vicinity of Concord the jurisdiction conferred upon the Fed­ Union for the entire service sought to be and Nashua, N.H. and Lawrence and eral Power Commission by sections 7 and rendered pursuant to this application Lowell, Mass. The present license for the 15 of the Natural Gas Act and the Com­ Will be 1 cent per Mcf. project will expire on June 30,1971. mission’s rules of practice and proce-* Applicant estimates the cost of the The Amoskeag Project consists of: (1) dure, a hearing will be held without fur­ proposed facilities to be $1,936,368, which An overflow concrete gravity dam 710 ther notice before the Commission on will be financed by a sale of common feet long with a maximum height of 29 this application if no petition to inter­ stock and promissory notes to Union. feet and surmounted by 5-foot flash- vene is filed within the time required Any person desiring to be heard or to boards; (2) a reservoir, approximately 7 herein, if the Commission on its own re­ make any protest with reference to said miles long and having a surface area of view of the matter finds that a grant of application should on or before Novem­ about 478 acres; (3) a powerhouse at the the certificate is required by the public ber 16, 1970, file with the Federal Power west end of the dam containing three convenience and necessity. If a petition Commission, Washington, D.C. 20426, a 7,500 hp. turbines operating under a for leave to intervene is timely filed, or petition to intervene or a protest in ac­ head of 46 feet directly connected to two if the Commission on its own motion be­ cordance with the requirements of the 5,000 kw. and one 6,000 kw. generators; lieves that a formal hearing is required, Commission’s rules of practice and pro­ (4) a step-up transformer station with further notice of such hearing will be cedure (18 CFR 1.8 or 1.10) and the reg­ duly given. two 10,000 kv.-a., 3 phase transformer ulations under the Natural Gas Act (18 units 2.3/33 kv.; (5) a 37 kv. double cir­ Under the procedure herein provided CFR 157.10) . All protests filed with the cuit transmission line 415 feet in length for, unless otherwise advised, it will be Commission will be considered by it in leading from the project substation to unnecessary for applicant to appear or determining the appropriate action to the applicant’s Eddy substation, and (6) be represented at the hearing. be taken but will not serve to make the all other facilities and interests appur­ G ordon M . G rant, protestants parties to the proceeding. tenant to operation of the project. Ap­ Secretary. Any person wishing to become a party plicant proposes to reserve 8.5 acres of to a proceeding or to participate as a project land for future recreational [F.R. Doc. 70-14702; Filed, Oct. 30, 1970; party in any hearing therein must file 8:50 a.m.] development. a petition to intervene in accordance According to the application; (1) with the Commission’s Rules. power produced by the project is used [Docket No. CP71-108] Take further notice that, pursuant to in Applicant’s system serving a number the authority contained in and subject of cities, municipalities and other utili­ VERMILION PIPELINE CO. to the jurisdiction conferred upon the ties within the State of New Hampshire Notice of Application Federal Power Commission by sections and communities in Maine and Ver­ 7 and 15 of the Natural Gas Act and the mont; (2) the net investment in the proj­ October 26, 1970. Commission’s rules of practice and pro­ ect is estimated to be about $1 y2 million Take notice that on October 15, 1970, cedure, a hearing will be held without as of June 30, 1970 which is less than Vermilion Pipeline Co. (applicant), 461 further notice before the Commission on the estimated-fair value; (3) the esti­ South Boylston Street, Los Angeles, Calif. this application if no petition to inter­ mated severance damages in the event 90017, filed in Docket No. CP71-108 an vene is filed within the time required of “takeover” by the United States is application pursuant to section 7(c) of herein, if the Commission on its own re­ not furnished; and (4) the project pro­ the Natural Gas Act for a certificate of view of the matter finds that a grant vides estimated annual taxes to State public convenience and nécessity author­ of the certificate is required by4he public and local government agencies in the izing the construction and operation of convenience and necessity. If a petition amount of $58,645. facilities and the transportation of natu­ for leave to intervene is timely filed, or Any person desiring to be heard or to ral gas and liquid hydrocarbons (con­ if the Commission on its own motion be­ make any protest with reference to said densate) originating in Rollover Field, lieves that a formal hearing is required, application should on or before Decem­ further notice of such hearing will be Block 39, Vermilion Area, approximately duly given. ber 29, 1970, file with the Federal Power 9 miles offshore Louisiana, with shore Commission, Washington, D.C. 20426, Under the procedure herein provided petitions to intervene or protests in ac­ line terminating at Tennessee Gas Pipe- for, unless otherwise advised, it will be cordance with the requirements of the

No. 213—F t. I ----- 7 FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16874 NOTICES Commission’s rules of practice and pro­ deposits. (All banking data are as of FIRST WISCONSIN BANKSHARES cedure (18 CFR 1.8 or 1.10). All protests Dec. 31, 1969, adjusted to reflect bank CORP. filed with the Commission will be con­ holding company formations and ac­ sidered by it in determining the ap­ quisitions approved by the Board to Order Approving Application Under propriate action to be taken but will not date.) Bank has deposits of $15 million, Bank Holding Company Act serve to make the protestants parties to and its sole office, located in Wausau, is In the matter of the application of the proceeding. Persons wishing to be­ 93 miles northwest of Applicant’s nearest First Wisconsin Bankshares Corp., Mil­ come parties to a proceeding or to subsidiary bank in Green Bay. Bank is waukee, Wis., for approval of acquisi­ participate as a parly in any hearing the third largest of the seven banks op­ tion of 80 percent or more of the voting therein must file petitions to intervene erating in the area it serves and holds shares of West Racine Bank, Racine, in accordance with the Commission’s approximately 10 percent of area de­ Wis. rules. The application is on file with the posits. The largest area bank, the lead There has come before the Board of Commission and available for public bank of a registered bank holding com­ Governors, pursuant to section 3(a)(3) inspection. pany, holds about 61 percent of total area of the Bank Holding Company Act of K e n n e t h P . P l u m b , deposits, and the second largest bank 1956 (12 U.S.C. 1842(a) (3)), and § 222.3 Acting Secretary. holds 13 percent of such deposits. It does (a) of Federal Reserve Regulation Y (12 [F.R. Doc. 70-14640; Piled, Oct. 30, 1970; not appear that consummation of the CFR 222.3(a)), an application by First 8:45 a.m.] proposal would significantly increase Wisconsin Bankshares Corp., Milwaukee, concentration within any relevant area, Wis., a registered bank holding com­ or eliminate significant existing or po­ pany, for the Board’s prior approval of tential competition, or have an undue the acquisition of 80 percent or more FEDERAL RESERVE SYSTEM adverse effect on other competing banks. of the voting. shares of West Racine On the contrary, in view of the size of Bank, Racine, Wis. FIRST WISCONSIN BANKSHARES competing organizations in the Wausau As required by section 3 (b) of the Act, CORP. area, it appears likely that Bank’s affilia­ tion with Applicant will have a procom- the Board gave written notice of receipt Order Approving Acquisition of Bank petitive effect, decreasing concentration of the application to the Commissioner Stock by Bank Holding Company and providing a significant alternative of Banking of the State of Wisconsin to the largest bank in the market. Con­ and requested his views and recommen­ In the matter of the application of siderations relating to the financial con­ dation. The Commissioner responded First Wisconsin Bankshares Corp., Mil­ dition, management, and prospects of that he would take no action to dis­ waukee, Wis., for approval of acquisition Applicant, its present subsidiaries, and approve the application. of 80 percent or more of the voting shares Bank are consistent with approval of the Notice of receipt of the application of First National Bank of Wausau, application. Although all significant was published in the F ederal R egister Wausau, Wis. banking needs of the Wausau commu­ on July 16, 1970 (35 F.R. 11429), provid­ There has come before the Board of nity appear to be adequately met at pres­ ing an opportunity for interested per­ Governors, pursuant to section 3(a) (3) sons to ^submit comments and views with of the Bank Holding Company Act of ent, the proposal would provide some­ 1956 (12 U.S.C. 1842(a)(3)) and § 222.3 what greater convenience to area respect to the proposed transaction. A residents. Bank would be afforded the copy of the application was forwarded to (a) of Federal Reserve Regulation Y means with which to become a more (12 CFR 222.3(a)), an application by effective competitor to the largest bank the U.S. Department of Justice for its First Wisconsin Bankshares Corp., Mil­ in the area. International services, not consideration. Time for filing comments waukee, Wis. (Applicant), a registered and views has expired and all those re­ bank holding company, for the Board’s now available from any area bank, and prior approval of the acquisition of 80 trust services would be offered through ceived have been considered by the percent or more of the voting shares of Applicant’s lead bank. It is the Board’s Board. judgment that consummation of the pro­ It is hereby ordered, For the reasons First National Bank of Wausau, Wausau, posed acquisition would be in the public Wis. (Bank). interest, and that the application should set forth in the Board’s statement1 of As required by section 3(b) of the Act, be approved. this date, that said application be and the Board gave written notice of receipt hereby is approved: Provided, That the of the application to the Comptroller of It is hereby ordered, For the reasons the Currency and requested his views and set forth in the findings summarized application so approved shall not be recommendation. The Comptroller rec­ above,1 that said application be and consummated (a) before the 30th calen­ ommended approval of the application. hereby is approved: Provided, That the dar day following the date of this order Notice of receipt of the application was acquisition so approved shall not be con­ or (b) later than 3 months after the date summated (a) before the 30th calendar published in the F ederal R egister on day following the date of this order or of this order, unless such period is ex­ August 5,1970 (35 F.R. 12499), providing tended for good cause by the Board, or an opportunity for interested persons to (b) later than 3 months after the date submit comments and views with respect of this order, , unless such period is ex­ by the Federal Reserve Bank of Chicago to the proposed transaction. A copy of tended for good cause by the Board, or pursuant to delegated authority. the application was forwarded to the U.S. by the Federal Reserve Bank of Chicago By order of the Board of Governors,2 Department of Justice for its considera­ pursuant to delegated authority. tion. The time for filing comments and October 23, 1979. views has expired and all those received By order of the Board of Governors,8 October 23,1970. [ seal] K e n n e t h A. K e n y o n , have been considered by the Board. Deputy Secretary. The Board has considered the applica­ C seal ] K e n n e t h A . K en y o n , tion in the light of the factors set forth Deputy Secretary. [F.R. Doc. 70-14648; Filed, Oct. 30, 1970; in section 3(c) of the Act, including the [F.R. Doc. 70-14647; Filed, Oct. 30, 1970; 8:46 a.m.] effect of the proposed acquisition on com­ 8:46 a.m.] petition, the financial and managerial 1 Filed as part of the original doc lament. resources of the Applicant and the banks 1 Concurring Statement of Governors Rob­ Copies available upon request to the Board concerned, and the convenience and ertson and Brimmer filed as part of the of Governors of the Federal Reserve System, needs of the communities to be served. original document. Copies available upon Washington, D.C. 20551, or to the Federal Upon such consideration, the Board finds request to the Board of Governors of the Reserve Bank of Chicago. Concurring State­ that: Federal Reserve System, Washington, D.C. ment of Governor Robertson filed as part 20551, or to the Federal Reserve Bank of of the original document and available upon Applicant, the largest bank holding Chicago. request. • . _ - _ company and banking organization in 2 Voting for this action: Chairman Burns, 2 Voting for this action: Chairman Bums Wisconsin, controls 15 banks with ag­ and Governors Robertson, Mitchell, Daane, pnri Governors Robertson, Daane, B r im m e r , gregate deposits of $1.4 billion, repre­ and Brimmer. Absent and not voting: Gov­ and Sherrill. Absent and not voting: Gover­ senting 16.5 percent of the State’s total ernors Maisel and Sherrill. nors Mitchell and Maisel.

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 NOTICES 16875

PAN AMERICAN BANCSHARES, INC. Eight bank holding companies pres­ There has come before the Board of ently own 23 banks and hold 63.5 per­ Governors, pursuant to section 3(a)(3) Order Approving Acquisition of Bank cent of deposits in Dade County. Appli­ of the Bank Holding Company Act of Stock by Bank Holding Company cation is the seventh largest of these; 1956 (12 U.S.C. 1842(a) (3)), and § 222.3 In the matter of the application of Pan although all three of its subsidiary banks (a) of Federal Reserve Regulation Y (12 American Bancshares, Inc., Miami, Fla., are located in Dade County, it controls CFR 222.3(a)), the application of Pan for approval of acquisition of at least 80 only 4.2 percent of county deposits, and American Bancshares, Inc., Miami, Fla. percent of the voting shares of University would control only 4.8 percent upon con­ (Applicant), a registered bank holding National Bank of Coral Gables, Coral summation of the present proposal. company, for the Board’s prior approval Gables, Fla. Applicant’s closest subsidiary to Uni­ of the acquisition of at least 80 percent There has come before the Board of versity Bank is its lead bank, Pan Amer­ of the voting shares of Commercial Na­ Governors, pursuant to section 3(a)(3) ican Bank, Miami, Fla. (deposits $75 mil­ tional Bank of Broward County, Broward of the Bank Holding Company Act of lion) , located 8 miles northeast of Uni­ County, Fla. (Commercial Bank). 1956 (12 U.S.C. 1842(a)(3)), and versity Bank. It is the only one of Appli­ As required by section 3(b) of the Act, § 222.3(a) of Federal Reserve Regulation cant’s subsidiaries which competes to the Board gave written notice of receipt Y (12 CFR 222.3(a)), the application of any extent with University Bank, and of the application to the Comptroller of Pan American Bancshares, Inc., Miami, such competition appears limited. In the Currency and requested his views and Fla. (Applicant), a registered bank view of University Bank’s size and the recommendation. The Comptroller rec­ holding company, for the Board’s prior number of banking alternatives inter­ ommended approval of the application. approval of the acquisition of at least vening its location and the locations of Notice of receipt of the application was the present subsidiaries, there is little 80 percent of the voting shares of Univer­ published in the F ederal R egister on sity National Bank of Coral Gables, Coral likelihood that any significant competi­ August 20, 1970 (35 F.R. 13335), provid­ Gables, Fla. (University Bank). tion will develop between it and any of ing an opportunity for interested per­ As required by section 3(b) of the Act, Applicant’s subsidiaries in the future. sons to submit comments and views with the Board gave written notice of receipt Based upon the foregoing, the Board respect to the proposal. A copy of the ap­ of the application to the Comptroller of concludes that consummation of the pro­ plication was forwarded to the U.S. De­ the Currency and requested his views and posed transaction would have no signifi­ partment of Justice for its consideration. recommendation. The Comptroller of­ cant adverse effect upon competition in Time for filing comments and views has fered no objection to approval of the any relevant area. The banking factors, expired and all those received have been application. as applied to the facts of record, weigh considered by the Board. Notice of receipt of the application was heavily in favor of approval of the appli­ The Board has considered the applica­ published in the F ederal R egister on cation. University Bank’s prospects are tion in the light of the factors set forth August 20,1970 (35 F.R. 13335), providing presently limited by management and as­ in section 3(c) of the Act, including the an opportunity for interested persons to set' weaknesses which would be corrected effect of the proposed acquisition on com­ submit comments and views with respect under Applicant’s proposal. Applicant petition, the financial and managerial to the proposal. A copy of the application proposes to improve and expand the resources and future prospects of the was forwarded to the U.S. Department of services of University Bank, and con­ Applicant and the banks concerned, and Justice for its consideration. Time for templated improvements in its condition the convenience and needs of the com­ filing comments and views has expired and operation would benefit the public. munities to be served. Upon such con­ and all those received have been consid­ It is the Board’s judgment that the pro­ sideration, the Board finds that: ered by the Board. posed transaction would be in the public The Board has considered the applica­ interest and that the application should Applicant controls three banks with tion in the light of the factors set forth in be approved. aggregate deposits of $119 millions, which section 3(c) of the Act, including the It is hereby ordered, For the reasons represents 1 percent of total bank de­ effect of the proposed acquisition on com­ set forth in the findings summarized posits in Florida. (All banking data are petition, the financial and managerial re­ above, that said application be and here­ as of Dec. 31, 1969 and reflect holding sources and future prospects of the Appli­ by is approved: Provided, That the action company formations and acquisitions ap­ cant and the banks concerned, and the so approved shall not be consummated proved by the Board to date, with the convenience and needs of the communi­ (a) before the 30th calendar day follow­ exception of the Applicant’s proposed ties to be served. Upon such consideration ing- the date of this order or (b) later acquisition of Citizens National Bank of the Board finds that: than 3 months after the date of this or­ Orlando, approved by the Board on der, unless such time be extended for June 25, 1970. Applicant has notified the Applicant controls three banks with Board that it does not intend to-con­ aggregate deposits of $119 million, rep­ good cause by the Board, or by the Fed­ resenting l percent of total deposits in eral Reserve Bank of Atlanta pursuant summate that acquisition.) Applicant is to delegated authority. presently the 16 th largest banking the State of Florida. (All banking data organization in Florida, and, upon con­ are as of Dec. 31, 1969, adjusted to re­ By order of the Board of Governors, summation of the instant proposal and flect bank holding company formations October 23, 1970.1 that to acquire University National Bank and acquisitions approved by the Board of Coral Gables, Coral Gables, Fla., also to date, with the exception of Applicant’s [ seal] K en n e t h A. K e n y o n , Deputy Secretary. approved as of this date, would rank as proposed acquisition of Citizens National the 15th largest, with control of 1.2 per­ Bank of Orlando, approved by the Board [F.R. Doc. 70-14645; Filed, Oct. 30, 1970; cent of State deposits. on June 25,1970. The Board has been ad­ 8:46 a.m.J vised that Applicant does not intend to Commercial Bank (deposits $11.8 mil­ lion) ranks as the 14th largest of IT consummate that proposal.) Upon con­ PAN AMERICAN BANCSHARES, INC. summation of this proposal and that to banks in the Fort Lauderdale area, hold­ acquire the Commercial National Bank Order Approving Acquisition of Bank ing 1.8 percent of deposits in that mar­ of Broward County, approved by the Stock by Bank Holding Company ket (the east-central section of Broward Board on this date, Applicant would con­ County). It is sixth in size among seven trol 1.2 percent of total State deposits, In the matter of thè application of Pan banks competing directly in its service and would advance from the 16th to the American Bancshares, Inc., Miami, Fla., area. None of Applicant’s subsidiaries, 15th largest banking organization in for approval of acquisition of at least 80 the closest of which is 30 miles south of Florida. percent of the voting shares of Commer­ Commercial Bank, compete in the Fort University Bank (deposits $17 million) cial National Bank of Broward County, Lauderdale market, and such competi­ is the 28th largest of 69 banks located in Broward County, Fla. tion is unlikely to develop. Upon con­ Dade County, holding 0.6 percent of summation of the proposal, Applicant 1 Voting for this action Chairman Burns would be the smallest of three holding county deposits. In its immediate service and Governors Robertson, Mitchell, Daane, area, it holds 5.5 percent of deposits and Maisel, and Sherrill. Absent and not voting; companies with subsidiaries in the is the eighth largest of 11 banks. Governor Brimmer. market.

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16876 NOTICES Based upon the foregoing, the Board tomey General of the United States to missioner of Customs, directing that the concludes that consummation of the perform all functions in connection with amounts of cotton textiles in Categories proposed acquisition would not have an leasing the improved property located at 1-4, 9,18/19 and part of 26 (printcloth), adverse effect on competition in any rele­ Midland and Sowego in Fauquier County, 22/23, 24, part of 26/27 (duck), part of vant area. The banking factors, as ap­ Va., for the 5-year term beginning Octo­ 26/27 (other than printcloth and duck), plied to the facts of record, weigh heav­ ber 21,1970, and ending with October 20, part of 30/31, 50, 51, 55, and part of 64 ily toward approval of the application. 1975. produced or manufactured in the Federa­ Commercial Bank’s prospects are re­ b. The Attorney General of the United tive Republic of Brazil which may be en­ garded as only fair, mainly because of States may redelegate this authority to tered or withdrawn from warehouse for management and asset deficiencies, any officer or employee of the Depart­ consumption in the United States for the rather than conditions in the market ment of Justice. twelve-month period beginning Oc­ area. The change of ownership and man­ c. This authority shall be exercised in tober 1, 1970, and extending through agement contemplated by Applicant accordance with the limitations and re­ September 30, 1971, be limited to the would likely result in improved prospects quirements of the Act, and the policies, designated level. The letter published of the bank. Although the needs of the procedures, and controls prescribed by below and the actions pursuant thereto communities involved appear to be ade­ the General Services Administration. are not designed to implement all of the provisions of the bilateral agreement, quately served by present facilities, the R obert L. K u n z ig , public would benefit from the antici­ Administrator of General Services. but are designed to assist only in pated improvements in operations of the the implementation of certain of its [F.R. Doe. 70-14675; Filed, Oct. 30, 1970; bank. It is the Board’s judgment that the 8:48 a.m.] provisions. proposed transaction would be in the S tanley N e h m e r , public interest, and that the application Chairman, Interagency Textile should be approved. Administrative Committee, It is hereby ordered, For the reasons and Deputy Assistant Secre­ set forth in the findings summarized INTERAGENCY TEXTILE tary for Resources. above, that said application be and Secbetary op Commerce hereby is approved: Provided, That the ADMINISTRATIVE COMMITTEE president’s cabinet textile advisory action so approved shall not be consum­ CERTAIN COTTON TEXTILES AND committee mated (a) before the 30th calendar day following the date of this order or (b) COTTON TEXTILE PRODUCTS PRO­ Commissioner of Customs, DUCED OR MANUFACTURED IN THE D epartm ent of the Treasury, later than 3 months after the date of W ashington, D.C. 20226. this order, unless such time be extended FEDERATIVE REPUBLIC OF BRAZIL October 27,1970. for good cause by the Board, or by the Entry or Withdrawal From Warehouse Dear Mr. Commissioner: This directive Federal Reserve Bank of Atlanta pur­ cancels and supersedes the directives issued suant to delegated authority. for Consumption to you on the following dates by the Chair­ O ctober 28,1970. man, President’s Cabinet Textile Advisory By order of the Board of Governors, Committee, regarding imports of cotton tex­ October 23, 1970.1 On October 23, 1970, the U.S. Govern­ tiles and cotton textile products in the fol­ ment, in furtherance of the objectives lowing categories produced or manufactured [ seal] K e n n e t h A. K e n y o n , Deputy Secretary. of, and under the terms of, the Long- in the Federative Republic of Brazil: Term Arrangement Regarding Interna­ D ate of P.C .T.A.C. [F.R. Doc. 70-14646; Filed, Oct. 30, 1970r tional Trade in Cotton Textiles done at C a t e g o r i e s 8:46 a.m.] d i r e c t i v e Geneva on February 9, 1962,, concluded Dec. 15, 1969______1-4. a new comprehensive bilateral cotton Dec. 24, 1969-...... 26 (other than textile agreement with the Government duck) .1 of the Federative Republic of Brazil con­ Apr. 10, 1970______31 and 64. GENERAL SERVICES cerning exports of cotton textiles and Ju n e 5, 1970------26 (duck) .l cotton textile products from the Fed­ Ju n e 16, 1970— -- 9 and 19. ADMINISTRATION erative Republic of Brazil to the United 1 The T.S.U.S.A. Nos. for duck are: States over a 5-year period beginning on 320-_01 th ro u g h 04, 06, 08 [Federal Property Management Regs., Tem­ October 1, 1970, and extending through 321 _01 th ro u g h 04, 06, 08 porary Reg. D-23] September 30, 1975. Among the provi­ 322 _01 th ro u g h 04, 06, 08 ATTORNEY GENERAL sions of the agreement are those estab­ 326—01 th ro u g h 04, 06,08 lishing an aggregate limit for the 64 327 _01 th ro u g h 04, 06,08 Delegation of Authority categories, group limits, and within the 328 _01 th ro u g h 04, 06,08 Under the terms of the Long-Term Ar­ October 26,1970. group limits specific limits on Categories 1-4, 9, 18/19 and part of 26 (printcloth), rangement Regarding International Trade 1. Purpose. This regulation delegates in Cotton Textiles done at Geneva on Feb­ authority to the Attorney General of the 22/23, 24, part of 26/27 (duck), part of ruary 9,1962, pursuant to the bilateral cotton 26/27 (other than printcloth and duck), textile agreem ent of O ctober 23, 1970, be­ United States to perform all functions part of 30/31, 50, 51, 55, and part of 64. in connection with the leasing of certain tween the Governments of the United States Previously, the Chairman of the Presi­ and the Federative Republic of Brazil, and improved property in Fauquier County, in accordance w ith Executive Order 11052 of Va. dent’s Cabinet Textile Advisory Commit­ tee issued a series of directives, pursuant Septem ber 28, 1962, as am ended by Executive 2. Effective date. This regulation is Order 11214 of April 7, 1965, you are directed to Article 3 of the Long-Term Arrange­ to prohibit, effective as soon as possible, and effective immediately. ment Regarding International Trade in for the twelve-month period beginning Oc­ 3. Delegation, a. Pursuant to the au­ Cotton Textiles, limiting imports of cot­ tober 1, 1970, and extending th ro u g h Sep­ thority vested in me by the Federal ton textiles and cotton textile products tem ber 30, 1971, en try in to th e U nited States in various Categories from the Federa­ for consumption and withdrawal from ware­ Property and Administrative Services house for consumption of cotton textile Act of 1949 (63 Stat. 377) as amended, tive Republic of Brazil. The letter pub­ lished below cancels and supersedes products in Categories 1-4, 9, 18/19 and part authority is hereby delegated to the At- Of 26 (printcloth), 22/23, 24, part of 26/27 these directives. (duck), part of 26/27 (other than printcloth 1 Voting for this action; Chairman Burns Accordingly, there is published below a and d u c k ), p a rt of 30/31, 50, 51, 55, and p art and Governors Robertson, Mitchell, Daane, letter of October 27, 1970, from the of 64 produced or manufactured in the Fed­ erative Republic of Brazil, in excess of the Maisel, and Sherrill. Absent and not voting: Chairman of the President’s Cabinet Governor Brimmer. Textile Advisory Committee to the Com­ following levels of restraint;

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 NOTICES 16877 12-Month 553 (Supp. V, 1965-69). This letter will be tory Dust Standard (3.0 mg./m.*) have levels of published in the F ederal Register. been accepted for consideration as fol­ Category restraint * Sincerely yours, lows: 1-4 ______pounds_ 6,521,739 Maurice H. Stans, 9______square yards., 12, 000,000 Secretary of Commerce, Chairman, (1) ICP Docket No. 10421, Clinchfleld 18/19 and part of 26 (print- President’s Cabinet Textile Advi­ Coal Co., Lambert Fork Mine, USBM ID cloth)8 ______do___ 10, 500, 000 sory Committee. No. 44 00241 0, Dante, Russel County, 22/23 ______do___ 4.500.000 [F.R. Doc. 70-14655; Filed, Oct. 30, 1970; Va., Section ID No. 001 (4 Rt.—3 East), 2 4 ______do2__, 000, 000 8:46 a.m.] Section ID No. 002 (Lt. South Mains), part of 26/27 (duck)1_____ do___ 2.500.000 Section ID No. 003 (2 Rt.—3 East), Sec­ part of 26/27 (other than print- tion ID No. 004 (1 Rt. 3—East), Section cloth and duck)13_____do___ 6, 500, 000 ID No. 005 (Rt. South Mains). part of 30/31 *______pieces_ 5, 747,126 5 0 ------dozen_ 39,332 INTERIM COMPLIANCE PANEL (2) ICP Docket No. 10426, Clinchfleld 5 1 ------do33,714_ Coal Co., Hurricane Branch Mine, USBM 5 5 ______do__13,725_ (COAL MINE HEALTH AND ID No. 44 01773 0, Clinchfleld, Russel part of 64 (only T.S.U.S.A. County, Va., Section ID No. 001 (Hurri­ Nos.: 366.6500 and SAFETY) cane Creek Mains). 386.2500)______pounds_ 217, 391 (3) ICP Docket No. 10428, Clinchfleld 2 These levels have not been adjusted to CLINCHFIELD COAL CO. Coal Co., Hagy No. 1 Mine, USBM ID No. reflect any entries m ade on or after October 1, Application for Renewal Permit; No­ 44 01514 0, Dante, Russel County, Va., 1970. tice of Opportunity for Public Section ID No. 001 (1 Rt.), Section ID 8 In Category 26, the T.S.U.S.A. numbers No. 002 (1 Lt. Mains), Section ID No. 003 for printcloth are: Hearing 320 34 322 34 327.__34 (1 Rt. Mains). Application for Renewal Permit for (4) ICP Docket No. 10420, Clinchfleld 321 34, 326. 34 328—34 Noncompliance with the Interim Man­ * All of Categories 30 and 31 except Coal Co., Chaney Creek No. 2 Mine, T.S.U.S.A. No. 366.2740. datory Dust Standard (3.0 mg./m.3) has USBM ID No. 44 00279 0, Clinchfleld, been accepted for consideration as Russel County, Va., Section ID No. 001 Cotton textiles in Categories 9, 19 and 26 follows: (7 Rt.), Section ID No. 002 (North (other than duck)1 produced or manufac­ ICP Docket No. 10424, Clinchfleld Coal tured in the Federative Republic of Brazil Mains), Section ID No. 003 (8 Rt.), Sec­ shall be subject to this directive regardless Co., Moss No. 3 Mine, USBM ID No. 44 tion ID Nò. 004 (9 R t.). of the date of their export from Brazil. Cot­ 00272 0, Duty, Dickenson County, Va., (5) ICP Docket No. 10220, Clinchfleld ton textiles and cotton textile products in Section ID No. 001 (A Mains), Section Coal Co., Open Fork No. 2, USBM ID No. any of the other Categories produced or man­ ID No. 002 (14 Rt.), Section ID No. 003 44 00267 0, Herald, Dickenson County, ufactured in the Federative Republic of (5^4 Lt. 9 Rt.), Section ID No. 006 (1 Brazil and which have been exported prior to Rt.), Section ID No. 007 (C Mains), Sec­ Va., Section ID No. 002 (5 Lt. 1 North), October 1, 1970, shall n o t be subject to th is tion ID No. 008 (10 Rt.), Section ID No. Section ID No. 004 (2 Lt. 2 North), Sec­ directive. 009 Cly2 A Rt.), Section ID No. Oil (10 tion ID No. 005 (1 Lt. 1 North). The levels of restraint set forth above are East), Section ID No. 012 (11 East), (6) ICP Docket No. 10427, Clinchfleld subject to adjustment pursuant to the pro­ Section ID No. 013 (14 East), Section ID Coal Co., Splashdam Mine, USBM ID No. visions of the bilateral agreement of Octo­ No. 014 (3 South), Section ID No. 015 44 00269 0, Haysi, Dickenson County, Va., ber 23, 1970, betw een th e G overnm ents of th e Section ID No. 001 (Lt. Main Hdgs.), United States and the Federative Republic (1 Rt. 2 South). of Brazil which provide, in part, that within In accordance with the provisions of Section ID No. 002 (Rt. Main Hdgs.), the aggregate limit and group limits, the section 202(b) (4) of the Federal Coal Section ID No. 003 (1 Lt. off Mains). limitations on specific categories may be ex­ Mine Health and Safety Act of 1969 (83 (7) ICP Docket No. 10727, The North ceeded by not more than 5 percent; for the Stat. 742, et seq., Public Law 91-173), no­ American Coal Corp., Jensie Mine USBM limited carryover of shortfalls in certain tice is hereby given that requests for ID No. 33 00977 0, East Springfield, categories to the next agreement year; and public hearing as to an application for Jefferson County, Ohio, Section ID No. for administrative arrangements. Any ap­ 001 (2 South), Section ID No. 003 (5 propriate adjustments pursuant to the pro­ renewal may be filed within 15 days after visions of the bilateral agreement referred to publication of this notice. Requests for North), Section ID No. 004 (1 East 3 above, will be made to you by letter from public hearing must be completed in ac­ North), Section ID No. 005 (2 Left 1 East the Chairman of the Interagency Textile Ad­ cordance with 30 CFR Part 505 (F.R. 3 North). ministrative Committee. 11296, July 15, 1970), copies of which in accordance with the provisions of Cotton textile products which have been may be obtained from the Panel on section 202(b)(4) of the Federal Coal released from the custody of the Bureau of request. Mine Health and Safety Act of 1969 (83 Customs under the provisions of 19 U.S.C. Stat. 742, et seq., Public Law 91-173), 1448(b) prior to the effective date of this di­ A copy of the application is available rective shall not be denied entry under this for inspection and requests for public notice is hereby given th at requests for directive. hearing may be filed in the office of the public hearing as to an application for A detailed description of the categories in Correspondence Control Officer, Interim renewal may be filed within 15 days after terms of T.S.U.S.A. numbers was published in Compliance Panel, Suite 800, 1730 K publication of this notice. Requests for th e F ederal Register on Jan u ary 17, 1968 Street NW., Washington, D.C. 20006. public hearing must be completed in (33 F.R. 582), and amendments thereto on accordance with 30 CFR Part 505 (35 M arch 15, 1968 (33 F.R. 4600). G eorge A. H ornbeck, F.R. 11296, July 15,1970), copies of which In carrying out the above directions, entry Chairman, may be obtained from the Panel on re­ into the United States for consumption shall Interim Compliance Panel. quest. be construed to include entry for consump­ October 27, 1970. A copy of the applicant is available for tion into the Commonwealth of Puerto Rico. [F.R. Doc. 70-14650; Filed, Oct. 30, 1970; inspection and requests for public hear­ The actions taken with respect to the Gov­ ernment of the Federative Republic of Bra­ 8:46 a.m.] ing may be filed in the office of the Cor­ zil and with respect to imports of cotton tex­ respondence Control Officer, Interim Compliance Panel, Suite 800, 1730 K tiles and cotton textile products from the CLINCHFIELD COAL CO. AND NORTH Federative Republic of Brazil have been de­ Street NW., Washington, D.C. 20006. termined by the President’s Cabinet Textile AMERICAN COAL CORP. Advisory Committee to involve foreign affairs G eorge A. H ornbeck, functions of the United States. Therefore, the Applications for Renewal Permits; No­ Chairman, directions to the Commissioner of Customs, tice of Opportunity for Public Interim Compliance Panel. being necessary to the implementation of Hearing October 27, 1970. such actions, fall within the foreign affairs Applications for Renewal Permits, for [F.R. Doc. 70-14651; Filed, Oct. 30, 1970; exception to the notice provisions of 5 U.S.C. Noncompliance with the Interim Manda­ 8:46 a jn .]

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16878 NOTICES

NORTH AMERICAN COAL CORP. tive with stereo 8-track tape cartridge Michael Berkowitz Co., Inc., Uniontown, playing and recording systems produced Pa.; 9-12-70 to 9-11-71 (men’s and ladies’ ET AL. pajamas, surgical operating gowns, and face by Lear Jet Stereo, Inc., at Detroit, Mich., m asks). Applications for Renewal Permits; are being imported into the United States Burlington Manufacturing Co., Chanute, Notice of Opportunity for Public in such increased quantities as to cause, Kans.; 8-28-70 to 8-27-71 (men’s work Hearing or threaten to cause, the unemployment clo th es). or underemployment of a significant Caledonia Manufacturing Co., Inc., Cale­ Applications for Renewal Permits for number or proportion of the workers of donia, Miss.; 9-11-70 to 9-10-71 (men’s and Noncompliance with the Interim Man­ such manufacturing company. boys’ slacks). datory Dust Standard (3.0 mg./m.8) have Continental Manufacturing Co., Oskaloosa, The petitioners have not requested a Iowa; 9-20-70 to 9-19-71 (men’s pants). been accepted for consideration as public hearing. A hearing will be held on Detroit Slacks, Inc., Detroit, Ala.; 9-1-70 follows: request of any other party showing a to 8-31-71 (men’s and boys’ slacks). (1) ICP Docket No. 10062, The North proper interest in the subject matter of Dotty Dan, Inc., Lamesa, Tex.; 9-16-70 to American Coal Corp., Utah Division, the investigation, provided such request 9-15-71 (children’s play clothes). Castle Gate, No. 4 Mine, USBM ID No. Eudora Garment Corp., Eudora, Ark.; is filed within 10 days after the notice is 9-9-70 to 9-8-71 (washable service apparel). 42 00095 0, Castle Gate, Carbon County, published in the F ederal R eg ister. Utah, Section ID No. 001 (No. 2 Slope.) Fairmont Manufacturing Co., Inc., Fair­ The petition filed in this case is avail­ mont, N.C.; 9-14-70 to 9-13-71; 10 learners (2) ICP Docket No. 10063, The North able for inspection at the Office of the (women’s night gowns and pajamas). American Coal Corp., Kenilworth Mine, Secretary, U.S. Tariff Commission, G & S Manufacturing Inc., Auburn, Nebr.; USBM ID No. 42 00096 0, Castle Gate, Eighth and E Streets NW., Washington, 8- 31-70 to 8-30-71 (infants’ and boys’ coats Carbon County, Utah, Section ID No. 005 D.C., and at the New York City office of and pants). (North Main). Grifton Clothing. Co., Grifton, N.C.; 9-1-70 (3) ICP Docket No. 10444, Gunn- the Tariff Commission located in room to 8-31-71 (boys’, girls’, and men’s jackets Quealy Coal Co., Rainbow No. 7 Mine, 437 of the Customhouse. and boys’ and girls’ boxer pants). Issued: October 28, 1970. Gross Galesburg Co., Chariton, Iowa; 9-19- USBM ID No. 48 00091 0, Rock Springs, 70 to 9-18-71 (men’s work clothes). Sweetwater County, Wyo., Section ID By order of the Commission. Industrial Garment Manufacturing Co., No. 001 (H Panel). Palestine, Tex.; 9-12-70 to 9-11-71 (work (4) ICP Docket No. 10955, Lonesome [seal] K e n n e t h R . M ason, p a n ts ). Pine Coal Co., Mine No. 1, USBM ID No. Secretary. F. Jacobson & Sons, Inc., Middlesboro, Ky.; 44 00713 0, Haysi, Dickenson County, Va., [F.R. Doc. 70-14659; Filed, Oct. 30, 1970; 9- 1-70 to 8-31-71 (men’s shirts). 8:47 a.m.] Kenrose Pilot Plant, Saltville, Va.; 9-14-70 Section ID No. 001 (First Right). to 9-13-71 (women’s dresses). In accordance with the provisions of Lackawanna Pants Manufacturing Co., section 202(b)(4) of the Federal Coal Scranton, Pa.; 9-9-70 to 9-8-71 (men’s Mine Health and Safety Act of 1969 (83 p a n ts ). Stat. 742, et seq., Public Law 91-173), DEPARTMENT Of LABOR Laurel Industrial Garment Manufacturing notice is hereby given that requests for Wage and Hour Division Co., Laurel, Miss.; 9-20-70 to 9-19-71 (men’s public hearing as to an application for s h irts ). CERTIFICATES AUTHORIZING THE McCoy Manufacturing Co., Inc., Sulligent, renewal may be filed within 15 days after Ala.; 9-8-70 to 9-7-71 (men’s and boys’ publication of this notice. Requests for EMPLOYMENT OF LEARNERS AND slacks). — public hearing must be completed in ac­ STUDENT WORKERS AT SPECIAL Petersburg Manufacturing Corp., Peters­ cordance with 30 CFR Part 505 (35 F.R. MINIMUM WAGES burg, Tenn.; 8-29-70 to 8-28-71 (ladies’ and 11296, July 15,1970), copies of which may girls’ woven pants). be obtained from the Panel on request. Notice is hereby given that pursuant Piedm ont G arm ent Co., Harm ony, N.C.; A copy of the application is available to section 14 of the Fair Labor Stand­ 8-28-70 to 8-27-71 (ladies’ blouses). ards Act of 1938 (52 Stat. 1060, as Princess Peggy, Inc., Peoria, 111.; 9-1-70 to for inspection and requests for public amended, 29 U.S.C. 201 et seq.) and Ad­ 8- 31-71 (women’s dresses). hearing may be filed in the office of the ministrative Order No. 595 (31 F.R. Relda Apparel Manufacturing Co., Inc., Correspondence Control Officer, Interim Hughesville, Pa.; 9-1-70 to 8-31-71; 10 learn­ Compliance Panel, Suite 800, 1730 K 12981) the firms listed in this notice ers (women’s, misses’ and juniors’ dresses). Street NW., Washington, D.C. 20006. have been issued special certificates au­ Fred Ronald Manufacturing Co., Neodesha, thorizing the employment of learners at Kans.; 8-28-70 to 8-27-71; 10 learners (men’s G eorge A. H ornbeck, hourly wage rates lower than the min­ work jackets). Chairman, imum wage rates otherwise applicable Sanford Manufacturers, Inc., Sanford, Fla.; Interim Compliance Panel. under section 6 of the act. For each cer­ 9- 9-70 to 9-8-71; 10 learners (men’s and tificate, the effective and expiration boys’ pajam as). O ctober 27,1970. dates, number or proportion of learners Shawnee G arm ent M anufacturing Co., [F.R. Doc. 70-14649; Filed, Oct. 30, 1970; and the principal product manufactured Shawnee, Okla.; 8-28-70 to 8-27-71; 10 learn­ 8:46 a.m.] ers (men’s and boys’ overalls, jeans, and out­ by the establishment are as indicated. door jackets). Conditions on occupations, wage rates, Vernon Manufacturing Co., Inc., Vernon, and learning periods which are provided Ala.; 9-1-70 to 8-31-71 (men’s find boys’ dress TARIFF COMMISSION in certificates issued under the supple­ and casual slacks). mental industry regulations cited in the W endell G arm ent Co., Inc., W endell, N.C.; [TEA—W—28] captions belpw are as established in 9-5-70 to 9-4-71 (men’s shirts). WORKER’S PETITION FOR DETERMI­ those regulations; such conditions in W illiam son-Dickie M anufacturing Co., certificates not issued under the sup­ Bainbridge, Ga.; 9-14-70 to 9-13-71 (men’s NATION OF ELIGIBILITY TO APPLY plemental industry regulations are as and boys’ work and casual clothes). FOR ADJUSTMENT ASSISTANCE listed. The following plant expansion certifi­ Notice of Investigation Apparel Industry Learner Regulations (29 CFR 522.1 to 522.9, as amended and cate was issued authorizing the number On the basis of a petition filed under 29 CFR 522.20 to 522.25, as amended). of learners indicated. section 301(a)(2) of the Trade Expan­ The following normal labor turnover Denise Lingerie Corp., Johnson City, Tenn.; sion Act of 1962, on behalf of the workers certificates authorize 10 percent of the 8-28-70 to 2-27-71; 20 learners (ladies’ slips, of Lear Jet Stereo, Inc., 13131 Lyndon total number of factory production gowns, and pajamas). Street, Detroit, Mich., the U.S. Tariff workers except as otherwise indicated. Glove Industry Learner Regulations Commission, on October 27, 1970, insti­ tuted an investigation under section Alatex, Inc., Evergreen, Ala.; 9-19-70 to (29 CFR 522.1 to 522.9, as amended and 9-18-71 (men’s shirts). 29 CFR 522.60 to 522.65, as amended). 301(c)(2) of the Act to determine Arizona Slack Corp., Yuma, Ariz.; 9-12-70 whether, as a result in major part of con­ to 9-11-71; 10 learners (men’s pants). Good Luck Glove Co., Vienna, 111.; 9-1-70 cessions granted under trade agree­ The Arrow Co., Albertville, Ala.; 9-10-70 to 8-31-71; 10 learners for normal labor turn­ ments, articles like or directly competi­ to 9-9-71 (men’s dress shirts). over purposes (work gloves).

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 NOTICES 16879

Wells Lamont Corp., Eupora, Miss.; 8-31-70 ing machine operating, for a learning period learning period of 300 hours at the rate of to 8-30-71; 10 percent of the total number of of 320 hours at the rate of $1.08 an hour $1.45 an hour. machine stitchers for normal labor turnover (men’s dress shirts). Brigham Young University, Provo, Utah; purposes (work gloves). Randy Knitting Mills, Inc., Quebradillas, 9-1-70 to 8-31-71; authorizing the employ­ Hosiery Industry Learner Regulations P.R.; 8-20-70 to 3-4-71; 10 learners for nor­ m en t of: (1) 100 student-workers in the mal labor turnover purposes in the occupa­ university press industry in the occupations (29 CFR 522.1 to 522.9, as amended and tions of: (1) Sweater knitting, for a learning of press operating, assembly workers for a 29 CFR 522.40 to 522.43, as amended). period of 480 hours at the rates of $1.22 an learning period of 1,000 hours at the rates of Excel Hosiery Mills, Inc., Union, S.C.; 9-17- hour for the first 240 hours and $1.39 an hour $1.40 a n h our for th e first 500 hours and $1.45 70 to 9-16-71; 5 percent of the total number for the remaining 240 hours; and (2) machine an hour for the remaining 500 hours; press of factory production workers for normal stitching-seaming, for a learning period of clerical workers, typist, for a learning period labor turnover purposes (men’s seamless 320 hours at the rates of $1.22 an hour for of 600 hours at the rates of $1.40 an hour hosiery). th e first 160 hours and $1.39 a n h o u r for th e for th e first 300 hours and $1.45 an h o u r for C. D. Jessup & Co., Clarem ont, N.C.; 9 - remaining 160 hours (full-fashioned sweat­ the remaining 300 hours; (2) 15 student- 16-70 to 9-15-71; 5 learners for normal labor ers) (replacement certificate). workers in the motion picture production in­ turnover purposes (men’s and children’s Randy Knitting Mills, Inc., Quebradillas, dustry in the occupations of clerical workers hosiery). P.R.; 8-20-70 to 2-19-71; 30 learners for plant production assistants, and clerical workers, expansion purposes in the occupations of: for a learning period of 600 hours at the Knitted Wear Industry Learner Reg­ (1) Sweater knitting for a learning period rates of $1.40 an hour for the first 300 hours ulations (29 CFR 522.1 to 522.9, as of 480 hours at the rates of $1.22 an hour and $1.45 an hour for the remaining 300 amended and 29 CFR 522.30 to 522.35, as for the first 240 hours and $1.39 an hour for hours; (3) 60 student-workers in the educa­ amended). the remaining 240 hours; and (2) machine tional media service industry, in the occupa­ stitching-seaming, for a learning period off tions of clerical workers, inspection, ship­ Beauty Maid Mills, Inc., Statesville, N.C.; 320 hours at the rates of $1.22 an hour for ping, and receiving, for a learning period of 9—9—70 to 9-8-71; 5 percent of the total num ­ th e first 160 hours and $1.39 an h o u r for th e 600 hours at the rates of $1.40 an hour for the ber of factory production workers for normal rem aining 160 hours (full-fashioned first 300 hours and $1.45 an hour for the re­ labor turnover purposes (ladies’ panties, sw eaters). maining 300 hours; (4) 30 student-workers sleepwear, and slips). The following student-worker certifi­ in the division of continuing education in­ Junior Form Lingerie Corp., Boswell, Pa.; dustry in the occupations of clerical workers 9-19-70 to 9-18-71; 5 percent of the total cates were issued pursuant to the regu­ and stenographic workers, for a learning number of factory production workers for lations applicable to the employment of period of 600 hours at the rates of $1.40 an normal labor turnover purposes (women’s student-workers (29 CFR 527.1 to 527.9). hour for the first 300 hours and $1.45 an lingerie). The effective and expiration dates, oc­ hour for the remaining 300 hours; (5) 50 The following learner certificates were cupations, wage rates, number of stu­ student-workers in the public relations and dent-workers, and learning periods for telephone industry in the occupations of issued in Puerto Rico to the companies switchboard operators, typists, and clerical hereinafter named. The effective and the certificates issued under Part 527 are workers, for a learning period of 600 hours expiration dates, learner rates, occupa­ as indicated below. at the rates of $1.40 an hour for the first 300 tions, learning periods and the number Adelphian Academy, Holly, Mich.; 9-1-70 hours and $1.45 an hour for the remaining of learners authorized to be employed, to 8-31-71; authorizing the employment of 300 hours; and (6 ) 35 student-w orkers in th e are indicated. 60 student-workers in the woodworking in­ admissions, records, and alumni industry in dustry (manufacturing trellises, picnic the occupations of stenographic workers and Ana Manufacturing Corp., Barranquitas, tables, birdhouses, etc.) in the occupations clerical workers, for a learning period of 600 P.R.; 7—27—70 to 7—26—71; 82 learners for no r­ of woodworking machine operator, assembler, hours at the rates of $1.40 an hour for the mal labor turnover purposes in the occupa­ and related skilled and semiskilled occupa­ first 300 hours and $1.45 an h o u r for th e tion of sewing machine operating, for a learn­ tions including incidental clerical work in remaining 300 hours. ing period of 320 hours at the rate of $1.23 an Campion Academy, Loveland, Colo.; 9-8-70 hour (women’s underwear). the shop, for a learning period of 240 hours at the rates of $1.40 an hour for the first 120 to 8-31-71; authorizing the employment of Boqueron Manufacturing Corp., Cabo Rojo, hours and $1.45 an hour for the remaining 35 student-workers in the broom manufac­ P.R.; 7-31—70 to 7-30-71; 47 learners for nor­ 120 hours. turing industry in the occupations of broom mal labor turnover purposes in the occupa­ Andrews University, Berrien Springs, Mich.; maker, stitcher, sorter, mop maker, and re­ tions of: (l) Toe and panty hose sewers 9-1-70 to 8-31-71; authorizing the employ­ lated skilled and semiskilled occupations, for (seaming) and inspecting, each for a learn­ m en t of: (1) 70 student-w orkers in th e book­ a learning period of 360 hours at the rates ing period of 240 hours at the rate of $1.15 binding industry in the occupations of glu­ of $1.40 an hour for the first 180 hours and an hour; (2 ) boarding and folding, each for ing, backing,, stamping, overmaking, and re­ $1.45 an h our for th e rem aining 180 hours. a learning period of 360 hours at the rate of lated operations, for a learning period of Cedar Lake Academy, Cedar Lake, Mich.; $1.15 an hour; an d (3) pairing and m ending, 600 hours at the rates of $1.45 an hour for each for a learning period of 720 hours at 9-1-70 to 8-31-71; authorizing the employ­ the first 300 hours and $1.50 an hour for the ment of 35 student-workers in the furniture the rates of $1.15 an hour for the first 360 remaining 300 hours; (2) 20 student- hours and $1.20 an hour for the remaining manufacturing industry in the occupations workers in the printing industry in the oc­ of woodworking machine operator, assembler, 360 hours (ladies’ seamless hosiery and pantv cupations of composition, presswork, machine hose). * and related skilled and semiskilled occupa­ composition and platemaking, for a learn­ Boqueron Manufacturing Corp., Cabo Rojo, tions including incidental clerical work in ing period of 1,000 hours at the rates of the shop, for a learning period of 600 hours P.R.; 7—31—70 to 1-30-71; 37 learners for p lan t $1.45-an hour for the first 500 hours and $1.50 expansion purposes in the occupations of: a t th e rates of $1.40 an h our for th e first 300 an hour for the remaining 500 hours; (3 ) hours and $1.45 an hour for the remaining (1) Toe and panty hose sewers (seaming), 105 student-workers in the furniture manu­ 300 hours. and inspecting, each for a learning period of facturing industry in the occupations of mill- 240 hours at th e rate of $1.15 an hour; (2) Enterprise Academy, Enterprise, Kans.; work, assembly, and finishing, for a learning 9-1-70 to 8-31-71; authorizing the employ­ boarding and folding, each for a learning pe­ period of 600 -hours at the rates of $1.45 an riod of 360 hours a t th e rate of $1.15 an hour; m en t of 20 student-workers in the printing hour for the first 300 hours and $1.50 an hour industry in the occupations of compositor, and (3) pairing and mending, each for a for the remaining 300 hours; and (4) 12 learning period of 720 hours at the rates of pressman, linotype operator, bindery worker, student-workers in the clerical industry in and related skilled and semiskilled occupa­ $1.15 an hour for th e first 360 hours and $1.20 the occupations of bookkeeping, steno­ an hour for the remaining 360 hours (ladies’ tions, for a learning period bf 1,000 hours a t graphic, switchboard, and data processing, the rates of $1.40 an hour for the first 500 seamless hosiery and panty hose). for a learning period of 480 hours at the Empire Textile Corp., Corozal, P.R.; 7-23— hours and $1.45 an hour for the remaining rates of $1.45 an hour for the first 240 hours 500 hours. 70 to 7-22-71; 10 learners for normal labor and $1.50 an hour for the remaining 240 turnover purposes in the occupations of: (l) hours. Forest Lake Academy, Maitland, Fla.; Machine knitting, for a learning period of 9-1-70 to 8-31-71; authorizing ; the employ­ Atlantic Union College, South Lancaster, ment of 25 student-workers in the book- 480 hours a t th e rates of $1.22 an hour for th e Mass.; 9—1—70 to 8-31—71; authorizing the first 240 hours and $1.39 an hour for th e re­ bindery industry in the occupations of mend­ maining 240 hours; and (2) machine stitch- employment of: ( 1) 10 student-workers in ing, sewing, trimming, backing, boarding, the printing industry in the occupations of case making, type setting, stamping, casing- ing-seaming, for a learning period of 320 compositor, pressman, and related skilled hours at the rates of $1.22 an hour for the in, and related skilled and semiskilled opera­ first 160 hours and $1.39 an h o u r for th e re­ and semiskilled occupations, for a learning tions including incidental clerical work in maining 160 hours (knit shirts). period off 300 hours at the rate off $1.45 an hour; and (2) 45 student-workers in the the shop, for a learning period of 600 hours isabeia Vieques Corp., Vieques, P.R.; 8- bookbinding industry in the occupations of at the rates of $1.40 an horn: for the first 12 70 to 8-11-71; 21 learners for norm al labor bookbinder, bindery worker, and related turnover purposes in the occupation of sew­ 300 hours and $1.45 an hour for the remain­ skilled and semiskilled occupations, for a ing 300 hours.

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16880 . NOTICES Maplewood Academy, Hutchinson, Minn.; of woodworking machine operator, assembler, agreement; and that it be filed with the 9-1-70 to 8-31-71; authorizing the employ­ finisher, and related skilled and semiskilled Director, Office of the Federal Register. m en t of: (1) 20 student-w orkers in th e book- occupations, for a learning period of 600 bindery industry in the occupations of hours at the rates of $1.40 an hour for the Issued at Washington, D.C., Octo­ bookbinder, bindery worker, and related first 300 hours and $1.45 an hour for the re­ ber 27, 1970. skilled and semiskilled occupations, for a maining 300 hours; and (5) 6 stu d e n t- I nterstate C omm erce learning period of 600 hours at the rates of workers in the clerical industry in the occu­ C o m m is sio n , pations of bookkeeper, business machine $1.40 an h o u r for th e first 300 hours and $1.45 [ seal] R. D. P fahler, an hour for the remaining 300 hours; and operator, and related skilled and semiskilled (2 ) 1 student-worker in the clerical industry occupations, for a learning period of 480 Agent. in the occupations of typist, recordkeeper, hours at the rates pf $1.40 an hour for the [F.R. Doc. 70-14678; Filed, Oct. 30, 1970; and related skilled and semiskilled occupa­ first 240 hours and $1.45 an hour for the 8:48 a.m.] tions in th e office, for a learning period of 480 rem aining 240 hours. hours at the rates of $1.40 an hour for the first 240 hours and $1.45 an hour for the The student-worker certificates were [Notice 182] rem aining 240 hours. issued upon the applicant’s representa­ Pacific Union College, Angwin, Calif.; tions and supporting materials fulfilling MOTOR CARRIER TEMPORARY 9-1-70 to 8-31-71; authorizing the employ­ the statutory requirements for the is­ AUTHORITY APPLICATIONS m en t of 8 student-workers in the book- suance of such certificates, as interpreted bindery industry in the occupations of book­ and applied by Part 527. O ctober 28,1970. binder, sewer, stamper, trimmer, cutter, Each learner certificate has been is­ The following are notices of filing of backer, case-worker, and related skilled and sued upon the representations of the applications for temporary authority un­ semiskilled occupations including incidental der section 210a(a) of the Interstate clerical work in the shop, for a learning employer which, among other things, period of 500 hours at the rate of $1.45 an were that employment of learners at spe­ Commerce Act provided for under the hour. cial minimum rates is necessary in order new rules of Ex Parte No. MC-67, (49 Sandia View Academy, Corrales, N. Mex.; to prevent curtailment of opportunities CFR Part 1131) published in the F ederal 9-1-70 to 8-31-71; authorizing the employ­ for employment, and that experienced R eg ister , issue of April 27,1965, effective ment of 25 student-workers in the furniture workers for the learner occupations are July 1, 1965. These rules provide that manufacturing industry in the occupations not available. Any person aggrieved by protests to the granting of an applica­ of woodworking machine operator, off-bearer, tion must be filed with the field official assembler, finisher, and related skilled and the issuance of any of these certificates named in the F ederal R egister publica­ semiskilled occupations including incidental may seek a review or reconsideration clerical work in the shop, for a learning thereof within 15 days after publication tion, within 15 calendar days after the period of 600 hours at the rates of $1.40 an of this notice in the F ederal R egister date of .notice of the filing of the appli­ hour for the first 300 hours and $1.45 an hour pursuant to the provisions of 29 CFR cation is published in the F ederal R eg­ for th e rem aining 300 hours. 522.9. The certificates may be annulled is t e r . One copy of such protests must be Southern Missionary College, Collegedale, or withdrawn, as indicated therein, in served on the applicant, or its authorized Tenn.; 9-1-70 to 8-31-71; authorizing the the manner provided in 29 CFR, Part representative, if any, and the protests employment of: (1) 50 student-workers in 528. must certify that such service has been the bookbinding industry in the occupations made. The protests must be specific as to of cleaning, checking in, sewing, casework, Signed at Washington, D.C., this 22d the service which such protestant can and related operations, for a learning period day of October 1970. of 600 hours at the rates of $1.40 an hour for and will offer, and must consist of a the first 300 hours and $1.45 an hour for the R obert G . G ronew ald, signed original and six copies. remaining 300 hours; (2) 10 student-workers Authorized Representative A copy of the application is on file, and in the broom manufacturing industry in the of the Administrator. can be examined at the Office of the Sec­ occupations of sorting, dyeing, winding, retary, Interstate Commerce Commis­ stitching, labeling, shipping, and related [F.R. Doc. 70-14653; Filed, Oct. 30, 1970; sion, Washington, D.C., and also in field operations, for a learning period of 360 hours 8:46 a.m.] at the rates of $1.40 an hour for the first 180 office to which protests are to be hours and $1.45 an hour for the remaining transmitted. 180 hours; (3) 30 student-workers in the M otor C arriers o f P roperty printing industry in the occupations of com­ posing, presswork, binding, and related INTERSTATE COMMERCE No. MC 119777 (Sub-No. 194 TA), filed operations, for a learning period of 1,000 October 23, 1970. Applicant: LIGON hours at the rates of $1.40 an hour for the COMMISSION SPECIALIZED HAULER, INC., Post Of­ first 500 hours and $1.45 an hour for the fice Drawer L, Madisonville, Ky. 42431. remaining 500 hours; and (4) 10 student- [S.O. 994; ICC Order No. 43; Arndt. 3] Applicant’s representative: William G. workers in the clerical industry in the occu­ pations of typewriting, filing, billing, and FRANKFORT AND CINCINNATI Thomas (same address as above). Au­ related operations, for a learning period of RAILROAD CO. thority sought to operate as a common 480 hours at the rates of $1.40 an hour for carrier, by motor vehicle, over irregular the first 240 hours and $1.45 an hour for the Car Distribution routes, transporting: Plywood, lumber, remaining 240 hours. and flooring, from the plantsite of Bir­ Union College, Lincoln, Nebr.; 9-1-70 to Upon further consideration of ICC mingham Forest Products, Inc., Cordova, 8-31-71; authorizing the employment of: (1) Order No. 43 (Frankfort and Cincinnati Ala., to points in Arkansas, Iowa, Ken­ 8 student-workers in the printing industry Railroad Co.) and good cause appearing tucky, Minnesota, Missouri, North Caro­ in the occupations of compositor, pressman, therefor: lina, South Dakota, Virginia, and West and related skilled and semiskilled occupa­ It is ordered, That: tions, for a learning period of 1,000 hours a t Virginia, for 180 days. Supporting the rates of $1.40 an hour for the first 500 ICC Order No. 43 be, and it is hereby, shipper: George R. Johansen, Traffic hours and $1.45 an hour for the remaining amended by substituting the following Analyst, U.S. Plywood-Champion Papers, 500 hours; (2) 15 student-workers in the paragraph (g) for paragraph (g) Inc., Knightbridge Drive, Hamilton, Ohio bookbinding industry in the occupations of thereof: 45011. Send protests to: Wayne L. Meri- bookbinder, bindery worker, and related (g) Expiration date. This order shall latt, District Supervisor, Bureau of Op­ skilled and semiskilled occupations, for a erations, Interstate Commerce Commis­ learning period of 600 hours at the rates of expire at 11:59 p.m., December 31, 1970, $1.40 an h our for th e first 300 hours and $1.45 unless otherwise modified, changed, or sion, 426 Post Office Building, Louisville, an hour for the remaining 300 hours; (3) 10 suspended. Ky. 40202. student-workers in the broom manufactur­ It is further ordered, That this amend­ No. MC 123372 (Sub-No. 19 TA), filed ing industry in the occupations of broom ment shall become effective at 11:59 October 23, 1970. Applicant: CARTAGE maker, mop maker, stitcher,' and related p.m„ October 31, 1970, and that this SERVICES, INC., 26380 Van Born skilled and semiskilled occupations, for a order shall be served upon the Associa­ Road, Dearborn Heights, Mich. 48125. learning period of 360 hours at the rates of Authority sought to operate as a con­ $1.40 an hour for the first 180 hours and tion of American Railroads, Car Service $1.45 an h o u r for th e rem aining 180 hours; Division, as agent of all railroads sub­ tract carrier, by motor vehicle, over ir­ (4) 60 student-workers in the furniture scribing to the car service and per diem regular routes, transporting: Beer and manufacturing industry in the occupations agreement under the terms of that malt beverages, with return of empty

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31,* 1970 NOTICES 16881 containers, rejected or damaged mer­ Cloquet, Minn. Send protests to: District lard, Nebr. 68137. Applicant’s represent­ chandise, from South Bend, Ind., to Supervisor A. E. Rathert, Interstate ative: Frederick J. Coffman, 521 South points in Iowa and Wisconsin for the Commerce Commission, Bureau of 14th Street, Lincoln, Nebr. 68501. Au­ account of Drewry’s, Ltd., U.S.A. Inc., Operations, 448 Federal Building and thority sought to operate as a contract South Bend, Ind., for 150 days. Support­ U.S. Courthouse, 110 South Fourth carrier, by motor vehicle, over irregular ing shipper: Drewry’s, Ltd., U.S.A. Inc„ Street, Minneapolis, Minn. 55401. routes, transporting: (1) Flooring cover­ South Bend, Ind. 46624. Send protests to: No. MC 133021 (Sub-No. 3 TA), filed ing and floor tile, and materials, equip­ District Supervisor Melvin F. Kirsch, In­ October 23, 1970. Applicant: JOHN L. ment, and supplies used in installing and terstate Commerce Commission, Bureau WILSON, doing business as J. W. maintaining such floor covering and floor of Operations, 1110 Broderick Tower, 10 TRUCKING, Box 144, Round Hill, tile, from Lancaster, Pa., to points in Witherell, Detroit, Mich. 48226. Va. 22141. Applicant’s representative: Arkansas, Colorado, Iowa, Kansas, Lou­ No. MC 124377 (Sub-No. 18 TA), filed Charles E. Creager, Suite 532, 816 Easley isiana, Missouri, Nebraska, New Mexico, October 23, 1970. Applicant: REFRIG­ Street, Silver Spring, Md. 20910. Author­ Oklahoma, Texas, and Wyoming, and ERATED FOODS, INC., Post Office Box ity sought to operate as a contract car­ (2) carpet lining, from Torrington, 1018, 3200 Blake Street, 80205, Denver, rier, by motor vehicle, over irregular Conn., to points specified in (1) above, Colo. 80201. Applicant’s representative: routes, transporting: (1) Canned fruit under continuing contract with William Ralph Lemberg (same address as above). juices, apple cider, and fruit concen­ Volker & Co., for 180 days. Supporting Authority sought to operate as a contract trates, from Round Hill, Va., to points in shipper: William Volker & Co., 945 Cali­ carrier, by motor vehicle, over irregular Delaware, Maryland, New Jersey, New fornia Drive, Post Office Box 529, Bur­ routes, transporting: Meat, meat prod­ York, North Carolina, Pennsylvania, lingame, Calif. 94010. (W. P. Tater, Vice ucts and meat byproducts, as described Ohio, Tennessee, and West Virginia, and President—Transportation.) Send pro­ in sections A and C of appendix 1 to the (2) Materials, equipment, and supplies tests to: Carroll Russell, District Super­ report in Descriptions in Motor Carrier used in the preparation and manufac­ visor, Bureau of Operations, Interstate Certificates, 61 M.C.C. 209 and 766, from ture of fruit juices, concentrates, and Commerce Commission, 705 Federal Of­ Denver, Greeley, Sterling, and Fort cider from points in Delaware, Maryland, fice Building, Omaha, Nebr. 68102. Morgan, Colo., to points in California, New Jersey, New York, North Carolina, No. MC 135009 TA, filed October 23, for 180 days. Supporting shipper: Denver Pennsylvania, Ohio, Tennessee, and 1970. Applicant: PEAK TRANSFER CO., Meat Co., 1400 Moorpark Avenue, Post West Virginia to Round Hill, Va. Re­ INC., 57 Hathaway Street, Wallington, Office Box 5310, San Jose, Calif. 95150. stricted to a transportation service to be N.J. 07055. Applicant’s representative: Send protest to: Roger L. Buchanan, performed under a continuing contract Robert B. Pepper, 174 Brower Avenue, District Supervisor, Interstate Commerce or contracts with Hill High Foods Edison, N.J. 08817. Authority sought to Commission, Bureau of Operations, 2022 Products, Inc., for 150 days. Supporting operate as a contract carrier, by motor Federal Building, Denver, Colo. 80202. shipper: Hill High Food Products, Inc., vehicle, over irregular routes, transport­ No. MC 126372 (Sub-No. 7 TA), filed Round Hill, Va. 22141. Send protests to: ing: Automotive parts and replacements October 23, 1970. Applicant: SUREFINE Robert D. Caldwell, District Supervisor, thereof, from the warehouse of Borg- TRANSPORTATION COMPANY, 1925 Interstate Commerce Commission, Bu­ Wamer Corp., Thorndale, Pa., to points East Vernon Avenue, Los Angeles, Calif. reau of Operations, 12th and Constitu­ in New Jersey, New York, N.Y., Nassau, 90058. Authority sought to operate as a tion Avenue NW.f Washington, D.C. Orange, Rockland, Suffolk, Sullivan, and common carrier, by motor vehicle, over 20423. Westchester Counties, N.Y., Bridgeport, irregular routes, transporting: New No. MC 134364 (Sub-No. 3 TA), filed Hartford, Norwich, and Unionville, furniture and new household furnishings, October 23, 1970. Applicant: A. F. & Conn., and (2) Loose used clutch-cores, uncrated, (1) from points in Los Angeles SONS, INC., 509 Liberty Street, Syracuse, from points in New Jersey, New York, and Orange Counties, Calif., on the one N.Y. 13204. Applicant’s representative: N.Y., Nassau, Orange, Rockland, Suffolk, hand, and on the other, points in Ari­ Walter J. Kobos, 1016 Kehoe Drive, St. Sullivan, and Westchester Counties, N.Y., zona; and (2) from points in Arizona and Charles, 111. 60174. Authority sought to Bridgeport, Hartford, Norwich, and Un­ Clark County, Nev., on the one hand, operate as a common carrier, by motor ionville, Conn., to Borg-Warner Corp. and on the other, points in Los Angeles, vehicle, over irregular routes, transport­ warehouse, Wallington, N.J., for 150 Orange, Riverside, San Diego, and San ing: Frozen bakery goods and frozen days. Supporting shipper: Borg-Warner Bernardino Counties, Calif., and (3) from prepared foods, from the plantsite of Corp., Automotive Parts Division, 11045 points in Clark County, Nev., on the one Kitchens of Sara Lee in Deerfield, 111., to Gage Avenue, Franklin Park, 111. 60131. hand, and on the other, points in Ari­ Hershey, Allentown, Philadelphia and its Send protests to: District Supervisor Joel zona; and (4) from points in Arizona to commercial zone, Spring House, King of Morrows, Bureau of Operations, Inter­ points in d a rk County, Nev., for 180 Prussia, Greensburg, Pittsburgh, Leets- state Commerce Commission, 970 Broad days. Supported by: There are approxi­ dale, Ebensburg, Shiremanstown, Sun- Street, Newark, N.J. 07102. mately 12 statements of support attached bury, Scranton, Erie, Uniontown, Al­ to the application, which may be ex­ toona, and Sharon, Pa., District of By the Commission. amined here at the Interstate Commerce Columbia, Baltimore, and Halethorpe, [seal] R obert L. O sw ald, Commission in Washington, D.C., or Md., Edison, Totowa, Spring Lake, Secretary. copies thereof which may be examined Trenton and all points in the New York at the field office named below. Send City, N.Y. commercial zone, N.J., [F.R. Doc. 70-14681; Filed, Oct. 30, 1970; protests to: Philip Yallowitz, District Mahapac, Marlboro, Ellenville, Syracuse, 8:49 a.m.] Supervisor, Bureau of Operations, Inter­ Elmira, Binghamton, Albany, New York, state Commerce Commission, Room 7708 and its commercial zone, Buffalo, Mount [Ex P arte No. MC-82] Federal Building, 300 North Los Angeles Kisco, Kingsport, Bayshore, Falconer, Street, Los Angeles, Calif. 90012. Jamestown, Olean, Newburgh, and NEW PROCEDURES IN MOTOR No. MC 126956 (Sub-No. 2 TA), filed Rochester, N.Y., Boston and its commer­ CARRIER REVENUE PROCEEDINGS October 23, 1970. Applicant: NORTH­ cial zone, Southboro and Worcester, Further Extension of Time To File LAND TRANSPORT, INC., 1803 42d Av­ Mass., and Suffield and Hartford, Conn., enue, East, Superior, Wis. 54884. Appli­ for 180 days. Supporting shipper: Comments and Replies cant’s representative: Donald L. Stern, Kitchens of Sara Lee, 500 -Waukegan Present: Laurence K. Walrath, Com­ 630 City National Bank Building, Omaha, Road, Deerfield, 111. 60015. Send protests missioner, to whom the matter which is Nebr. 68102. Authority sought to operate to: Morris H. Gross, District Supervisor, the subject of this notice has been as­ as a contract carrier, by motor vehicle, Bureau of Operations, Interstate Com­ signed for action thereon. over irregular routes, transporting: merce Commission, Room 104, 301 Erie By the supplemental notice herein, Paper and paper products, from Brainerd Boulevard, West, Syracuse, N.Y. 13202. provision was made for the preparation and Cloquet, Minn., to points in Michigan No. MC 135007 TA, filed October 22, and service of a list of interested parties and Ohio, for 180 days. Supporting 1970. Applicant: AMERICAN TRANS­ upon whom copies of the solicited com­ shipper: The Northwest Paper Co., PORT, INC., Post Office Box 37406, Mil­ ments and replies are to be served, and

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 No. 213—Pt. II-----8 16882 NOTICES

the date for filing original comments was its office in Washington, D.C., on the 26th ' fied the Commission, who wish actively extended to November 2, 1970, with re­ day of October 1970. to participate in this proceeding and to plies due by November 12,1970. It appearing, that by order entered on file and receive copies of pleadings shall On October 21 and 22, 1970, the Com­ March 4, 1970, in the above-captioned make known that fact by notifying the mission again received requests from the proceeding, the Commission, Division 2, Commission on or before November 9, major rate bureaus for a further ex­ instituted an investigation into the mat­ 1970. Although individual participation tension of time, stating that despite sev­ ters and things specified in the notice is not precluded, to conserve time and eral meetings and the circulation of the of the pendency of this proceeding pub­ to avoid unrfecessary expense, persons views of experts in sampling, cost analy­ lished in the F ederal R egister on having common interests should en­ sis, accounting, and economics, the bu­ March 19,1970; deavor to consolidate their presentation reaus have been unable to develop com­ It further appearing, that by order to the greatest extent possible. The Com­ ments acceptable to all bureaus. entered on October 6, 1970, in this pro­ mission desires participation only of However, it is stated that efforts are con­ ceeding, the Commission, Division 2, those who intend to take an active part tinuing, and an extension to November 16 broadened the scope of the issues to in­ in the proceeding. is requested. clude the following question in addition It is further ordered, That, as soon as It is urgent that uniform procedures to those specified for consideration in the practicable after the date for indicating for establishing the need for general rate order of March 4,1970, to wit: a desire to participate in the proceeding increases be promulgated. In recognition has passed, the Secretary will serve a list of the difficulties encountered by the par­ Is It reasonable and otherwise lawful prac­ tice under the Interstate Commerce Act for of the names and addresses of all per­ ties, however, the due dates for filing carriers, with respect to grain (including oil­ sons (as supplemented by those parties original comments and replies thereto seeds.) and grain products (including vege­ tendering notice under the provisions of are hereby extended to November 12, table oil meals in bulk and animal and poul­ this order) upon whom service must be 1970, and November 22, 1970, respec­ try feeds) by tariff rule or by application of made. tively. All parties are hereby notified that company policy, to announce and/or enforce And it is further ordered, That the last further extensions of filing dates are not limitations of liability, in whole or part, on ordering paragraph of the order entered contemplated. claims for loss and damage, where there are official weights at origin and/or destination, on October 6, 1970, in this proceeding This second supplemental notice will or where there are unofficial weights at origin be, and it is hereby, vacated and set be published in the F ederal R eg ister. and/or destination, or under any other aside; and that the evidence in this pro­ Dated at Washington, D.C., this 26th circumstance ? ceeding be submitted under the modified day of October 1970. It further appearing, that by order procedure, with the filing and service of By the Commission, Commissioner entered on October 6, 1970, in this pro­ pleadings as follows: (a) opening state­ Walrath. ceeding, the Commission, Division 2, set ments of facts and argument by peti­ the dates for the filing of opening state­ tioners and any parties in support of [ seal] R obert L. O sw ald, ments of fact and argument and of state­ Secretary. ments in reply; petitioners on or before 20 days from the [F.R. Doc. 70-14680; Filed, Oct. 30, 1970; And it further appearing, that notice date of service of the Secretary’s supple­ 8:48 a.m.] of the broadened issues was not pub­ mental list of participants; (b) 30 days lished in the F ederal R eg ister . thereafter, statement of facts and argu­ [No. 35220] Wherefore, and for good cause: ment by the respondents and parties in support of respondents; and (c) 10 days PRACTICES AND POLICIES IN THE It is ordered, That notice of the pend­ ency of the broadened issues be given thereafter, replies by petitioners and SETTLEMENT OF LOSS AND DAM­ supporting parties. AGE CLAIMS ON GRAIN AND to the general public by depositing a copy GRAIN PRODUCTS of this order in the office of the Commis­ By the Commission, Division 2. sion’s Secretary and by the publication of [ seal] R obert L. O sw ald, Petition for Declaratory Order this order in the F ederal R eg ister . Secretary. At a session of the Interstate Com­ It is further ordered, That all persons, [F.R. Doc. 70-14724; Filed, Oct. 30, 1970; merce Commission, Division 2, held at other than those who have already noti­ 8:51 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 FEDERAL REGISTER 16883

CUMULATIVE LIST OF PARTS AFFECTED— OCTOBER

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

3 CFR Page 7 CFR— Continued Page 7 CFR— Continued Page P roclamations: 722 ______16311,16312 P roposed R u les— Continued 3279 (modified by Proc. 4018) _ 16357 723 ___ 15975 1013______15396,16687 3969 (see Proc. 4018)______16358 728______16527' 1015______15396,15927,16687 3990 (see Proc. 4018)______16358 833-1______15741 1030______15396,16687 4015 ______15799 863 ______16235 1032 ______15396,16687 4016 ______15895 864 ______—______15741 1033 ______15396,16687 4017 ______16233 873______16238 1036—______15396,16687 4018 ______16357 892______15361, 16075 1040______15396,16687 4019 ______16673 905______16075,16787 1043 _- ______15396,16687 907 ______16359 E xecutive O rders: 1044 ______15396, 16687 908 ______15286, 15803, 16625 July 2, 1910 (revoked in part 1046______:___ 15396,16681: 909 ______15980 1049______15396,16687 by PLO 4921)___ 16587 910 __ 15439, 15981,16313, 16585, 16846 Aug. 8, 1914 (revoked in part 1050-______15396,16687 911 _.______16626 1060— ______15396,16687 by PLO 4920)______16087 912 ______15287, 16846 6276 (revoked in part by PLO 1061— ______15396,16474,16687 913 ______15981,16314, 16586, 16847 1062 ______15396,16687 4918)_____ 16086 915______16627 6441 (revoked in part by PLO 1063 ___ 15396,15446,16475, 16687 4931)______16796 919_____ 16788 1064 ______15396, 16687 10001 (see EO 11563)______15435 926 ______15744 1065— ______15396,16687 10202 (see EO 11563)______15435 927 ______15744 1068 ______15396,16687 10292 (see EO 11563) ____ 15435 931______15745 1069 ______15396,16687 10659 (see EO 11563)______15435 932—______15631 1070 ___ 15396,15446,16475,16687 10735 (see EO 11563)______15435 947______15631 1071 _ 15396, 16687 10984 (see EO 11563)______i 15435 966_____ 16628 1073______15396, 16687 11098 (see EO .11563)______15435 971______16360, 16731 1075 ______15396,16687 11119 (see EO 11563)______15435 981 ______15900 1076 ______15396,16687 11145 (amended by EO 982 ______16239,16361 1078______15396,16687 11565)______16155 984______16527, 16678 1079——— 15396,15646,16475,16687 11241 (see EO 11563)______15435 987______15981,16398 1090___— ______15396,16687 11360 (see EO 11563)_____ 15435 989____ 15631, 16037,16240,16467,16847 1094______15396, 16687 11497 (see EO 11563)_____ 15435 1002______16789 1096 ______15396,16687 11537 (see EO 11563)_____ 15435 1004______15287 1097 ______15396, 16687 11563______15435 1006______15439 1098 ______15396, 16687 ’11564______15801 1012_____ 15439 1099 ______15396, 16687 11565 ______16155 1013-______15439 1101 ______15396,16687 11566 ______16675 1061______16790 1102 ______15396,16687 P residential D o c u m e n t s O th er 1062 ______15362 1103 ------15396, 16687 T han P roclamations and 1063 ______—__ 15632,16848 1104 ______15396,16687 E xecutive O rders : 1070______16848 1106_------15396,16687 Reorganization Plan No. 3 of 1079______16848 1108______15396,16687 1970______15623 1134______15363 1120 _„_____ — 15396,16000,16687 1121 ______15396,16000,16687 Reorganization Plan No. 4 of 1136______15365 1124 ------15396, 16687 1970______15627 1427______15901 See EO 11564______15801 1125 ______15396, 16687 1803______16399 1126 ______15396,16000,16687 4 CFR 1805______16402 1127 ______15396,16000, 16687 P roposed R ules : 1128 ------15396,16000,16687 105______16397 1129 ------15396,16000, 16687 52______15760 1130 ______15396,16000,16687 5 CFR 58------16257,16412 1131 ------15396, 16687 151 ------16783 81______15817 1132 ------15396', 16687 213 ------14370, 815______16594 1133 ------15396,16687 15439, 15975, 16309, 16359, 16397, 909 ______16637 1134 ------15396, 16687 16398,-16467, 16585, 16787 910 ------16850 1136 ------15396,16687 352_. ------*______16525 912—1______16860 1137 ------15396, 16687 550_ —------16309 913______- 16860 1138 ______15396,16687 733_ 919------16054 ------»------16783 929______16736 771_. ------15803 8 CFR 870_. ------15897 930—______15817 871_. ------¿------15897 966 ______15999 100_------16361 890_. 967 ______16736 103------16361 ------16585 971______15302, 15760 2470. ------16310 212------16361 2471 982------15446 238------16361 ------16310 984______15836,16000 242------16362 987______16545, 16637 287_------16362 7 CFR 989______16090 316a___ 16362 20__ 991------16638 — ___ 16398 P roposed R u l e s : 81____ 15739,16677 1001 ------15396,15927,16687 ,301____ 1002 ------15396,15927,16687 3______16545 15285, 15897 1004------.__ 15396,15927,16687 319______16678 214— :— .— ------16410 354___ 1006 ------15396,16687 242 ______:______16684 _____ 16678 1007 ------15396,16687 243 ------16684 601______16157 711___ 1011 ------15396,16687 264------16256 15355,16235 1012 ...... 15396,16687 335______16256 16884 FEDERAL REGISTER

9 CFR Page 14 CFR— Continued Page 20 CFR Pase 56______16240,16314 P roposed R u les— Continued P roposed R u l e s : 71— ______„____ 15902 91------16179,16740 405------16639 74______16075 121------16740 76------15370, 123______16641 21 CFR 15633, 15745, 15902, 15903, 16038, 127------16740 2 ______15749,15911,15912 16076, 16163, 16314, 16362, 16468, 206______15938 3 ------1------16316 16528, 16629, 16731 221______16006 15______15749 78------16076 241 ------_------— 16374 17_------15749 92------;______16791 242 ------15842 22 ______16586 109------16039 250______15764 46------15989 113 ------16039 399------16006, 16322 120 ------15990, 16630 114 ------16040 121 ------15372, 121------16041 15 CFR 15991, 15992, 16041, 16042, 16317, Ch. I ll______15552 16537, 16586, 16630, 16631 P roposed R u l e s : 1000______15671 373_____ 130------___ 16631 317. 15836, 15837 16530 135______16538 375_____ 16531 135b____------16794 10 CFR 379_____ 16531 385 _ 16531 135e__ 15992 P roposed R u l e s : 386 ______16532 135g------15372 2------_------16687 390_____ 16532 138------15811 50------16687 141------15637 16 CFR 141a______15749 12 CFR 141b______15749,15750 13------15804-15811, 146a______15749 204______15903 16363-16370, 16469-16471, 16535, 146b_------15749, 15750 610______15803 16732 148a------______16042 P roposed R u l e s : 500------16536 148Ì------15750 217...... 16324 503------16536 148z------16043 P roposed R u l e s : 149w —*------15637 13 CFR 428 15765 P roposed R u l e s : 120______. 16163 430. 15842 3------15402,15761, 15934 123______16167 431. 16007 19------16546 P roposed R u l e s : 501 15843 30------15403 121 15844,16185 125------16737 17 CFR 130------15761,16638 14 CFR 201------15440 146------15761 210------16794 146c------15762 21______;______15288 191------16055 37------15288 231------16733 39______15633-15635, 241------___------16733 15803, 16804, 16041, 16468, 16589, 249------16537 22 CFR 16590, 16791, 16792 271______16733 41___ 15912 71______15371, P roposed R u l e s : 211----- I 15751 15635, 15746, 15804, 15904-15908, 230__...... 15447 15982, 15983, 16171, 16172, 16241, 24 CFR 16242,16315,16468,16469,16591, 18 CFR 16636, 16677, 16732, 16792 200------15752, 16797 3______15636 207______15754 73_------15983 141______16830 75------15908,16677 213------15754 154______15908, 15986, 16077 221------15755 91—------16793 157______15986,16077 93------16591,16636 232------15755 201______...... 15908 242----- 16798 95______15747 260______15908 97_ 15440,15748,16315,16528,16732 1914 ----- 15442,16044,16318,16533,16799 103______16829 P roposed R u l e s : 1915 ----- 15442,16044,16319, 16534, 16800 121------15288,16041,16793 2______15406,16324 127------15288,16793 4_...... ------16324 25 CFR 5_...... ------16324 135------15288 80...... u...... 16045 145------15288 101______15648 208...... 15983 104...... ______15648 212------k...... 16529 141______15648 26 CFR 214______16529 154______16743 13______15913 295------__ 15985 157_...... 15446,16324,16744 3l_____ 16538 385______15636 201...... _____ 15648,15939 147______,______16243 389------15986 204______15648,15939 301______16538 1209______16829 205—______15939 601______15916,16593 260______15648,159~39~ 16548 P roposed R u l e s : P roposed R u les : 1------16641 19 CFll j . _ 15935 23------16179 16Ö49~1632Ö^_164()8,_ 16545, 16736 37------16685 4— ...... _•_...... 15636,15637,15910 31_____ 16806 47______16321 8------15911,16243 48______16806 71------15303, 16...... 16403 111—...... 16243 53____ 15302 15404, 15405, 15647, 15648, 15763, 301...... 16049,16408 15935-15937, 16005, 16055, 16179, 153-...... 15911 16180, 16258, 16321, 16374, 16780, 174------16243 16595, 16596, 16686, 16804 P roposed R u l e s : 28 CFR 78...... 15405,15938 12------:...... 16594 0...... 16084,16317 75...... ____ 16005 25...... —_____ 16256 2...... 15288 FEDERAL REGISTER 16885 29 CFR Page 41 CFR Page 46 CFR—Continued Page 785______15288 l - i ______15994 90_____ 16834 794______16510 5A-1______16632 97______16834 P roposed R u l e s : 5A-2______16172.16632 137-______16371 519______16413 5A-16______16172.16632 146______I ______16835 526______15761,16479 5B -16______15755,16790 151______16835 697______16090 8 -1 ______15755 175______16835 728 ______16479 8-2______15756 185______16835 729 ______16479 8-3______15757 196______16835 1520____. _____ 15933 8 - 7______15757 528______16679 9- 7______. _____ 16473 P roposed R u l e s : 9-15______16473 69— ______16091 30 CFR 9-16___ £______16473 201______16320 P roposed R u l e s : 12B-1______16172 542______16374 503______-______16548 101-2______15642 101-26______15995 47 CFR 31 CFR 101-29______15642 0 ______15386, 16796 0______16244 105-61______15444 1 ____ 15280, 15387, 16247, 16404 90______15922 P roposed R u l e s : 2 ______—______15644 92 ______15922 17______16404 93 _ 15922 24-1______15837 61______16247 407-...... _„ ...... 16472 73 ____ 15644, 42 CFR 15811, 19814, 16173, 16371, 16682 32 CFR 34______15289 74 ______15388,16174 93______16085 71______16472 97— ______16796 172_____ 16473 73______16631 P roposed R u l e s : 175_...... 16473 78______15642, 16795 1 _____ 15304 197_____ 16473 81______15643, 2 ______15305 581_____ 15992 15757, 15995, 16172, 16246, 16247, 21______16742,16806 805_____ 15443 16831 43...... 16742 808_____ 15443 P roposed R u l e s : 61______16742 822...... 15443 72______16178,16179 67— 1______15648 840_____ 15639 73 ______16479 73 ______15304, 872_____ 16085 81______16639, 16861 15765, 16055, 16056, 16091, 16181- 884_____ 15382 16183, 16743 887___ __ 16246 74 ______16056,16057,16686 43 CFR 81______16092 1631____ 15443 1810 15996 49 CFR 32A CFR P u blic L and O rders: 1— ______15996 BDC (Ch. VI) : 1659 (revoked in part by PLO 4919)______16086 171____ 16837 BDC Notice 1______—— 15640 173 ______;_ 16634,16683,16837 BDC Notice 2______— 15641 1703 (see PLO 4930)______16795 3512 (revoked in part by 174 ______16837 P roposed R u l e s : PLO 4929)—______16795 175 ______16837 Ch.X...... 16411 4852 (corrected by PLO 4912) _ 15644 176 ______16837 4912— ______15644 177 _ 16838 33 CFR 4913 _ 15925 192__ 16405 i______15922 4914 ______15997 393-______16838 n o ...... ______15443 4915 ______15997 571______——____ »______15290, 114______15922 4916 ______15597 15293, 15757, 16734, 16801, 16840 117______15923, 15924 4917 ______16086 1000______16802 204______16679 4918 __ 16086 1033 15294 207_...... 16246,16370,16679 4919 ______16086 ~ Î5295~ 15394~ T5395~, 16087, 16088,’ P roposed R u l e s : 4920 ______1_ 16087 16174 ' 1048-1.______'______16406 110...... _____ 15447 4921— ______16587 117______15935,16547 4922 ______16587 1203______16803 4923 ______16588 1300______15444 36 CFR 4924 ______16588 P roposed R u les : 4925 ______16588 23___ 16136 50...... 15393 4926 _____ 16589 173 ______16005,16180,16643 P roposed R u l e s : 4927 ______16633 174 ______16180 2------__ 16375 4928 ______16633 179______16741 4929 _ 16795 571______15304,15764,16805 37 CFR 4930 __ 16795 Ch. X______16596,16643 4931 ..... 16796 1033 _ 16862 5...... k_ 16043 4932 ______16831 1034 ______16862 1061______16480 38 CFR 45 CFR 50 CFR 3------16831 102______-___ 16633 10______— 15815 17------15924 177______15290, 16888 17______16047 21— ------15924,16317 P roposed R u l e s : 28____ ^ ______16635,16803 170______16257 32— ______15296, 39 CFR 15299-15301, 15301, 15443, 15644- 126— ...... 16587 46 CFR 15646, 15759, 15815, 15816, 15998, 134----- 16587 16088, 16089, 16175, 16177, 16319, 151------16734 2...... 16832 16406, 16407, 16472; 16635, 16683 742—----- 16045 30__ 16834 33_____ 15300, 15301,15646,16177, 16846 3 5 „ ______16834 260------15925 P roposed R u les : 70...... 1______16834 P roposed R u l e s : 125...... 15999 78...... 16834 240______16380

FEDERAL REGISTER VOLUME 35 • NUMBER 213 Saturday, October 31, 1970 • Washington, D.C. PART II Department of Health, Education, and Welfare Office of Education

Loans to Vocational Students and Students in Institutions

No. 213—Pt. n ----1 16888 RULES AND REGULATIONS Sec. ciation within a reasonable time, or (ii) Title 45— PUBLIC WELFARE 177.43 Limitations governing maximum is an institution whose credits are ac­ amount of federally insured loans. cepted on transfer by not less than three 177.44 Eligibility for insured loans. Chapter I— Office of Education, De­ 177.45 Insurance premiums. institutions which are so accredited, for partment of Health, Education, and 177.46 Disbursement and repayment of credit on the same basis as if transferred Welfare loans. from an institution so accredited. Such 177.47 Loan cancellation; death or dis­ term includes any school which provides PART 177— FEDERAL, STATE, AND ability. not less than a 1 year program of train­ PRIVATE PROGRAMS OF LOW- 177.48 Procedures for filing claims. ing to prepare students for gainful em­ 177.49 Transfer of insured loan. INTEREST LOANS TO VOCATIONAL ployment in a recognized occupation and 177.50 Termination of insurance. which meets the provisions of subpara­ STUDENTS AND STUDENTS IN INSTI­ 177.51 Forbearance. graphs (1), (2), (4), and (5) of this para­ TUTIONS OF HIGHER EDUCATION Authority : The provisions of this Part 177 graph. If the Commissioner determines Part 177 of Chapter I of Title 45 of issued under 20 U.S.C. 1071-1087. that-a particular category of such schools the Code of Federal Regulations is here­ Subpart A— General Provisions does not meet the requirements of sub- by amended to read as set forth below. paragraph (5) of this paragraph because As so amended this part covers loans § 177.1 Definitions. there is no nationally recognized ac­ made to students in institutions of As used in this part: crediting agency or association qualified higher education under the provisions of (a) “Act” means title IV, part B of the to accredit schools in such category, he Title IV Part B of the Higher Education Higher Education Act of 1965 (Public shall, pending the establishment of such Act of 1965 and loans made on or after Law 89-329) as amended. an accrediting agency or association, ap­ December 15, 1968, to vocational stu­ (b) “Internal Revenue Code” means point an advisory committee, composed dents under the provisions of said Act. the Internal Revenue Code of 1954 as of persons specially qualified to evaluate Part 178 of this chapter covers loans amended (title 26, United States Code). training provided by schools in such made to vocational students made prior (c) The term “academic year” means category, which shall (a) prescribe the to December 15, 1968, under the provi­ a period of time, typically 8 or 9 months standards of content, scope, and quality sions of the subsequently repealed Na­ in which a full-time student would nor­ which must be met in order to qualify tional Vocational Student Loan In­ mally be expected to complete two semes­ schools in such category to participate surance Act of 1965. ters, two trimesters, three quarters, 28 in the program pursuant to this part, and Federal financial assistance made semester hours, 42 quarter hours or 900 (b) determine whether particular schools available pursuant to the regulations set clock hours of instruction, or its equiva­ not meeting the requirements of sub- forth below is subject to the regula­ lent. For purposes of this part, 18 months paragraph (5) of this paragraph meet tions in 45 CFR Part 80, issued by the is considered the equivalent of an aca­ those standards. For purposes of this Secretary of Health, Education, and demic year when applied to a program paragraph, the Commissioner shall pub­ Welfare and approved by the President offered by correspondence. lish a list of nationally recognized ac­ to effectuate the provisions of section 601 (d) “Commissioner” means the U.S. crediting agencies or associations which of the Civil Rights Act of 1964 (Public Commissioner of Education or his he determines to be reliable authority as Law 88-352). designee. to the quality of training offered. Subpart A— General Provisions (e) The term “eligible institution” or (g) The term “vocational school” Sec. . “institution” means (1) an institution of means a business or trade school, or 177.1 Definitions. higher education, (2) a vocational school, technical institution or other technical 177.2 Student eligibility for interest bene­ or (3) with respect to students who are or vocational school in any State which fits. nationals of the United States, an insti­ (1) admits as regular students only per­ 177.3 A djusted fam ily income. tution outside the United States which sons who have completed or left elemen­ 177.4 Payment of interest benefits, admin­ tary or secondary school and who have istrative cost allowances and is comparable to an institution of higher special allowance. education or to a vocational school and the ability to benefit from the training 177.5 D eath and disability paym ents. which has been approved by the Com­ offered by such institution; (2) is legally 177.6 Permissible charges. missioner for purposes of this part. authorized to provide, and provides 177.7 Civil rights. within that State, a program of post­ 177.8 Records, reports and inspections. (f) The term “institution of higher secondary vocational or technical educa­ 177.9 Scope of part. education” means an educational institu­ tion designed to provide occupational tion in any State which (1) admits as skills more advanced than those generally Subpart B— Interest Benefits— State and Private regular students only persons having a provided at the high school level and Nonprofit Student Loan Insurance Programs and certificate of graduation from a school Direct State Loan Programs which provides not less than 300 clock providing secondary education or the hours of classroom instruction or its 177.11 In general. recognized equivalent of such certificate, equivalent, or in the case of a program 177.12 Agreem ents for Federal paym ents to (2) is legally authorized within such offered by correspondence, requiring reduce student interest costs for State to provide a program of education insured loans. completion in not less than 6 months and 177.13 In terim coverage for insured loan beyond secondary education, (3) provides designed to fit individuals for useful em­ programs approved prior to an educational program for which it ployment in recognized occupations; June 30,1967. awards a bachelor’s degree or provides (3) has been in existence for 2 years or 177.14 Federal paym ents to reduce stu d en t not less than a 2-year program which is has been specially accredited by the interest costs on direct State loans. acceptable for full credit toward such a Commissioner as an institution meeting degree, (4) is a public or other nonprofit the other requirements of this para­ Subpart C— Advances for Reserve Funds of State institution, and (5) is accredited by a and Private Nonprofit Loan Insurance Programs graph; and (4) is accredited (i) by a na­ nationally recognized accrediting agency tionally recognized accrediting agency or 177.21 In general. or association approved by the Commis­ association listed by the Commissioner 177.22 Applications. sioner for this purpose or, if not so ac­ pursuant to this paragraph, (ii) if the 177.23 Allocation an d paym ent of S ta te ’s credited, (i) is an institution with respect Commissioner determines there is no na­ allotm ent. to which the Commissioner has deter­ tionally recognized accrediting agency or 177.24 Term s and conditions of advance. mined that there is satisfactory assur­ association qualified to accredit schools ance, considering the resources available Subpart D— Federal Reinsurance of Student Loans of a particular category, by a State Insured by Guarantee Agencies to the institution, the period of time, if agency listed by the Commissioner pur­ any, during which it has operated, the s u a n t to this paragraph, and (iii) if the 177.31 Agreements for reinsurance. effort it is making to meet accreditation Commissioner determines there is no na­ standards, and the purpose for which tionally recognized or State agency or Subpart E— Federal Lopn Insurance this determination is being made, that association qualified to accredit schools 177.41 Scope. the institution will meet the accredita­ 177.42 Issuance of Federal loan insurance. tion standards of such an agency or asso­ of a particular category, by an advisory

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 RULES AND REGULATIONS 16889 committee appointed by him and com­ stitution or organization administering to be made has not been and will not be posed of persons specially qualified to a student loan insurance program. used for any purpose other than for the evaluate training provided by schools of (m) “Holder” means only an eligible costs of education for the academic year that category which committee shall pre­ lender or an assignee who meets the covered by the application; scribe standards of content, scope, and qualifications of an eligible lender but in (3) Information necessary to deter­ quality which must be met by those no event includes the guarantee agency mine, pursuant to § 177.3, whether his schools in order for loans to students in its capacity as insurer with respect to adjusted family income is less than attending them to be insurable under the loans insured by it. $15,000; and Act, and shall also determine whether (n) “Default” means the failure to (4) Information concerning other particular schools meet those standards. make an installment payment when due, loans to him which have been made For the purpose of this paragraph, the or to comply with such other terms of the under programs covered by this part or Commissioner shall publish a list of na­ note or other written evidence of agree­ part 178. tionally recognized accrediting agencies ment under circumstances where the (c) The lender, acting in good faith, or associations and State agencies which Commissioner finds it reasonable to con­ may in the absence of information to the he determines to be reliable authority as clude that the borrower no longer in­ contrary rely upon statements submitted to the quality of education or training tends to honor his obligation to repay, by the borrower and his family pursuant afforded. which persits (e.g., is not cured either by to paragraph (b) of this section. (h) “Eligible lender” means an insti­ payment or other appropriate arrange­ tution of higher education or vocational ments) in the case of a loan repayable § 177.3 Adjusted family income. school, an agency or instrumentality of in monthly installments for 120 days, or (a) Computation. In general, adjusted a State, a financial or credit institution in the case of a loan repayable in less family income will be computed by add­ (including banks, savings and loan as­ frequent installments for 180 days. ing 90 percent of the adjusted gross in­ sociations, credit unions and insurance (o) “State student loan insurance pro­ comes (as defined in sec. 62 of the companies) which is subject to examina­ gram” means a program under which a Internal Revenue Code, or in the case of tion and supervision by an agency of State agency or instrumentality is au­ residents of Puerto Rico, as defined in the United States or any State, or a pen­ thorized to insure loans, and to enter sec. 22 (n) of the Commonwealth Tax sion fund approved by the Commissioner into agreements with the Commissioner, Act of 1954) of the student borrower, for this purpose. A pension fund, insti­ and which extends to one or more cate­ his spouse, and his parents for the tax tution of higher education or vocational gories of students who are residents of year immediately preceding the execu­ school will not be approved by the Com­ the State. tion of the note or written agreement missioner unless it can satisfactorily (p) “Totally and permanently dis­ evidencing the loan, and deducting from demonstrate that the procedures it has abled” means the inability to engage in such sum, (1) an amount equal to the established for making or purchasing any substantial gainful activity because amount allowable on account of exemp­ loans covered by this part are in accord­ of a medically determinable impairment, tions for such individuals for such year ance with generally accepted commercial which impairment is expected to con­ (pursuant to sec. 151 of the Internal lending practices and that it is able to tinue for a long and indefinite period of Revenue Code or, in the case of resi­ carry out the duties and responsibilities time, or to result in death. dents of Puerto Rico, pursuant to sec. 25 required of it under this part. (q) The term “State” includes, in ad­ of the Commonwealth Tax Act of 1954) (i) “Nonprofit” as applied to an dition to the several States of the Union, plus, (2) with respect to loans made prior agency, organization, or institution the Commonwealth of Puerto Rico, the to July 1, 1970, an amount equal to the means an agency, organization, or insti­ District of Columbia, Guam, American loss incurred by such individuals on ac­ tution owned and operated by one or Samoa, the Virgin Islands, and the Trust count of a disaster occurring after more nonprofit corporations or associa­ Territory of the Pacific Islands. July 1, 1969, in an area which has been tions, no part of the net earnings of declared to have suffered a “major dis­ which inures or may lawfully inure, to § 177.2 Student eligibility for interest aster” as defined in section 2(a) of the the benefit of any private shareholder benefits. Act of September 3, 1950 (42 U.S.C. or individual. (a) A student (1) who has received a 1855a(a)). The amount of such loss (j) “Full-time student” means a stu­ loan from an eligible lender under (i) a shall be determined in accordance with dent who is carrying a sufficient number student loan insurance program meeting such instructions as the Commissioner of credit hours, clock hours or their the requirements of § 177.12 or § 177.13, may issue. equivalent to secure the degree or cer­ (ii) a direct State student loan program (b) Computation of income from for­ tificate toward which he is working in meeting the requirements of § 177.14, or eign sources. In cases where any of the no more than the number of semesters, (iii) the program of Federal loan insur­ income of the borrower, his spouse or his terms, or clock hours normally taken ance provided for in Subpart E of this parents is not subject to taxation under therefor at the institution in which he part, (2) who is enrolled or has been the Internal Revenue Code or the Com­ is enrolled. The term includes any stu­ accepted for enrollment as at least a monwealth Tax Act of 1954 due to the dent who is pursuing any combination half-time student in an eligible institu­ fact that such individual is (1) residing of courses, work experience, research, or tion, (3) whose adjusted family income is abroad, or (2) a nonresident alien, such special studies (whether or not for credit less than $15,000 and (4) who is a na­ income shall be included in the bor­ but not including study by correspond­ tional of the United States or is in the rower’s adjusted family income. Income ence) which the institution considers United States for other than a temporary described in clause (1) shall be treated full-time study, but in the case of stu­ purpose and intends to become a per­ as if subject to taxation under the In­ dents in vocational schools, no less than manent resident thereof, or is a perma­ ternal Revenue Code and computed 25 clock hours per week or 14 semester nent resident of the Trust Territory of (together with any income which is sub­ or quarter hours of instruction, or its the Pacific Islands is eligible for pay­ ject to taxation) in accordance with equivalent. ment on his behalf of a portion of the in­ paragraph (a) of this section. Income de­ (k) “Half-time student” means a stu­ terest as determined under § 177.4. scribed in clause (2) shall be computed dent who is carrying at least one-half the (b) To have interest payments made in accordance with instructions issued normal full-time academic workload as on his. behalf, a student shall submit to by the Commissioner. determined by the instruction in which the lender a statement in such form as (c) Exclusion of income of parents or he is enrolled. All students engaged in the Commissioner may prescribe, which spouse in exceptional circumstances. The a program of study by correspondence shall include: income of a parent, or parents living to­ which is offered as requiring at least 12 (1) A certification by an eligible in­ gether, shall be excluded from consider­ hours preparation per week shall be con­ stitution that he is enrolled at the in­ ation under paragraphs (a) or (b) of sidered half-time students for the pur­ stitution or has been accepted for this section if the borrower is not and, pose of this part. enrollment; during the 12 months preceding the de­ (l) “Guarantee agency” means the (2) An assurance by the student that termination, has not been (1) residing State agency or private nonprofit in- the loan on which interest payments are with, (2) claimed as a dependent for

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16890 RULES AND REGULATIONS Federal income tax purposes by, nor (3) ning of the repayment period of such during the period August 3,1968, through the recipient of an amount in excess of loan; the 120th day after adjournment of $600 from, such parent or parents. The (ii) The total amount of the interest such State’s first legislative session ad­ income of a spouse shall also be excluded which is accrued on the unpaid principal journing after January 1, 1969 and (ii) from such consideration where there has amount during periods in which repay­ at a time when under the State law been a legal separation approved by a ment of principal is deferred on account applicable to such loan, interest charges court or a separation which has, in fact of the borrower’s service to the nation were limited to less than 7 percent. existed for 12 months or more. Persons or attendance at educational institutions (2) Such payments may not exceed an whose income is so excluded shall not be as provided for in § 177.12(a) (3) and amount based on the lesser of 1 percent required to complete or sign any forms 177.46(f); and per year or the rate which when added designed for the purpose of computing (iii) With respect to loans made prior to the maximum interest rate that may be adjusted family income. to or made pursuant to binding commit­ charged to the borrower under such State (d) Method of determination. The de­ ments made prior to December 15, 1968, law does not exceed 7 percent per year. termination of the adjusted family in­ an amount equivalent to 3 percent per (3) Administrative cost allowances come of a student borrower shall be year of the unpaid principal amount of may not be paid with respect to any loan made in such manner and on the basis each such loan during the remainder of made or contracted for prior to August 3, of information submitted on such forms the repayment period. Payments made 1968, whether or not consolidated with as may be supplied or approved by the pursuant to this subparagraph shall in­ or converted to a loan made on or after Commissioner. The determination shall clude any administrative cost allowance August 3, 1968. be made each time funds are advanced, to be paid pursuant to paragraph (b) of (c) Special allowances. (1) Whenever except that no new determination need this section. the Secretary of Health, Education, and be made with respect to funds advanced (3) In no event shall payments under Welfare finds the conditions set forth in (1) within the same tax year in which subparagraph (1) or (2) of this para­ the first sentence of section 2 of the a determination was last made or (2) on graph include any interest on interest “Emergency Insured Student Loan Act a line of credit extended after May 31, added to principal or exceed the interest of 1969” are met, he may prescribe, for 1967, where a determination has been payable by the student, after taking into such period as he shall specify, and after made during the preceding 12-month pe­ consideration the amount of any interest consultation with the Secretary of the riod in connection with funds advanced on that loan which the student is entitled Treasury and the heads of other appro­ on such line of credit. to have paid on his behalf for that period priate agencies, the payment of a special (e) Loss of income. With respect to under any insured loan program. allowance to each holder of an eligible loans made prior to July 1, 1970, the (4) The Commissioner’s obligation to loan or loans. For purposes of this sec­ lender shall make provision for taking pay interest shall terminate (i) upon tion the term “eligible loan” means a loan into account reductions in income which default by the borrower, as defined in disbursed on or after August 1, 1969, occurred during or subsequent to the tax § 177.1 (n), or (ii) upon a determination which is insured by the Commissioner or year referred to in paragraph (a) of this of the death or total and permanent dis­ by a guarantee agency pursuant to an section, whieh were occasioned by a dis­ ability of the borrower but (a) in cases agreement with the Commissioner. The aster occurring after July 1, 1969, in an where the repayment period has com­ amount of any such allowance and the area which has been declared to have menced, not later than 120 days follow­ period for which it will be paid will be suffered a “major disaster” as defined in ing the failure to receive a regularly prescribed under subparagraph (3) of section 2(a) of the Act of September 3, scheduled installment or (b) in cases this paragraph. 1950 (42 U.S.C. 1855a(a)) and which where the repayment period has not (2) The special allowance shall be materially affect the reliability of the commenced, not later than 120 days fol­ payable on the average unpaid balance figures referred to in paragraph (a) of lowing the holder’s receipt of a request of disbursed principal (not including this section as an indicator of current for loan cancellation on account of such interest or other charges added to princi­ adjusted family income status. When the causes. pal) and shall be paid by the Commis­ determination of Adjusted Family In­ (5) Interest payments under this sub­ sioner on the basis of billings submitted come is made on this basis, the lender part shall be made with respect to a stu­ in accordance with such instructions as shall make a notation to that effect on dent loan only if the note covering such are issued for that purpose. The average the form provided or approved by the loan was executed and the loan was unpaid balance of disbursed principal Commissioner for the computation of advanced. shall be determined, at the election of the Adjusted Family Income. (i) Under a program approved by the holder, either (i) by adding the unpaid § 177.4 Payment of interest benefits, ad­ Commissioner as meeting the require­ balance of disbursed principal of all ministrative cost allowances and spe­ ments of § 177.12, § 177.13 or § 177.14; loans outstanding on the first day of the cial allowance. (ii) Not later than June 30, 1967, if specified period and the unpaid balance the loan was insured under a student loan of disbursed .principal of all loans out­ (a) Interest benefits. (1) After a loanprogram pursuant to § 177.13; or standing on the last day of such period is made to a student meeting the re­ (iii) Not later than June 30, 1971, if and dividing by 2, or (ii) by adding the quirements of § 177.2 (or an application the loan was made under a student loan unpaid balance of disbursed principal on is received from such student for Federal insurance program covered by an agree­ all such loans outstanding on each day of interest payments), a report shall be ment pursuant to § 177.12, or under a the specified period and dividing by the submitted to the Commissioner in such direct State student loan program cov­ number of days in such period (average form as the Commissioner may require. ered by § 177.14, except that such date is daily balance). The holder may not On the basis of such report, the Com­ extended in the case of a loan for which change his election of the method of missioner shall periodically inquire of the note was executed and the advance determining the average unpaid balance the educational institution or if neces­ of disbursed principal without the prior sary the guarantee agency (or an agency made not later than June 30, 1975, if (a) Such loan is made to a student approval of the Commissioner. operating a direct State loan program) (3) Special allowances are authorized as to the enrollment status of the stu­ who had obtained a prior loan under this subpart on or before June 30, 1971, and to be paid as follows: dent borrower. On the basis of such re­ (i) For the period August 1, 1969, ports and inquiries, and upon receipt of (b) Such loan is made to continue the through September 30,1969, inclusive, in periodic statements from the holder student’s educational program. an amount equal to the rate of 2 percent upon forms provided or approved by the (b) Federal administrative cost al­per year of the average unpaid balance Commissioner, the Commissioner will lowances. (1) An administrative cost of disbursed principal of eligible loans. make payments of interest to each hold­ allowance may be paid by the Commis­ (ii) For the period October 1, 1969, er on behalf of each student. sioner with respect to loans insured through December 31, 1969, inclusive, in (2) The payment shall be limited to: under Federal or private nonprofit loan an amount equal to the rate of 2% per­ (i) The total amount of the interestinsurance programs as well as under cent per year of the average unpaid bal­ on the unpaid principal amount of each State loan guarantee programs where ance of disbursed principal of eligible loan which accrued prior to the begin- such loans were made in a State (i) loans.

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 RULES AND REGULATIONS 16891 (iii) For the period January 1, 1970,1968, and 7 percent per year on loans stitutions whose students participate in through March 31, 1970, inclusive, in an made thereafter, calculated from title such programs do not discriminate in the amount equal to the rate of 2 percent per date of disbursement of funds by the admission and treatment of students on year of the average unpaid balance of lender to the borrower, exclusive of any account of race, color, or national origin, disbursed principal of eligible loans. premium for insurance. and that lenders do not discriminate in § 177.5 Death and disability payments. (b) Insurance premiums. The maxi­ the making of loans to eligible student mum rate for insurance premiums which borrowers or in the treatment of such (a) The Commissioner shall discharge may be charged the lender and passed borrowers on account of race, color, or the liability of any borrower who on or on to the borrower may not exceed, in national origin. In addition, in conduct­ after December 15, 1968, receives a loan the case of loans insured under State ing their loan and loan insurance pro­ covered by this part and who subse­ and private nonprofit loan insurance grams such agencies shall not take into quently dies or becomes totally and per­ programs, the equivalent of one-half of account the sex of the student borrower manently disabled by paying the amount 1 percent per year of the unpaid prin­ and guarantee agencies shall insure that owed on the loan. Loan cancellation for cipal balance (excluding interest or lenders do not take the sex of such bor­ such causes with respect to loans made other charges which may have added to rower into account. The agency shall prior to such time and insured by the principal) or in the case of federally in­ procure an appropriate assurance of Commissioner is covered by § 177.47 and sured loans one-fourth percent per year compliance from such lenders or other­ § 177.48. of the unpaid principal balance of the wise assure their compliance. With re­ (b) The borrower shall be deemed li­ loan (excluding interest or other charges spect to educational institutions, th£ able for payment only of principal and which may have been added to principal). agency may rely upon the Commissioner’s interest outstanding on the loan on the The term “insurance premium’’ covers list of institutions which have a currently date of the holders receipt of payment only those charges made by the guarantee acceptable form 441 on file with the De­ under paragraph (a) of this section on agency to be used to underwrite loans partment of Health, Education and account of the borrowers death or total and to cover costs incurred in the ad­ Welfare. and permanent disability but in no event ministration of its loan insurance pro­ (b) Lenders shall make federally in­ shall the borrower be deemed liable for gram. Such premiums may not be re­ sured loans available without regard to interest accruing after the dates set tained by the lender to cover the costs race, sex, color, or national origin. The forth in § 177.4(a) <4)(ii). of making the loan. Commissioner will not insure a loan made (c) A determination as to whether' or (c) Late charges. Notes evidencing to a student attending an educational not the Commissioner must discharge a loans covered by this part may provide institution which does not have a cur-* borrower’s obligation on account of his for the assessment of a charge for failure rently acceptable form 441 on file with death shall be made by the holder of the of the borrower to pay all or any part the Department of Health, Education, loan on the basis of a certificate of death of an installment within 10 days after and Welfare unless the Commissioner is or such other official proof as is conclu­ its due date or by that time to file sat­ provided with an acceptable statement sive under State law. A determination isfactory evidence of entitlement to de­ of the lender that it is satisfied that the based on medical evidence supplied by ferment of such installment pursuant to educational institution does not dis­ the borrower on forms provided by the § 177.12(a)3 or § 177.46(f). The amount criminate in the admission and treat­ Commissioner as to whether the borrower of such charge may not exceed 5 cents ment of students on account of race, is totally and permanently disabled shall for each dollar of each installment due color, or national origin. be made by the holder, subject to the or $5 for each installment whichever is approval of the Commissioner. lesser. § 177.8 Records, reports and inspec­ (d) The lender shall submit such de­ (d) Other charges. The note evidenc­ tions. terminations directly to the Commis­ ing a loan covered by this part may also (a) The guarantee agency" shall sub­ sioner or, in the case of loans insured provide for the payment of reasonable mit such reports to the Commissioner at under State and private nonprofit pro­ attorney’s fees, and other costs and such times and in such manner as he may grams, through the guarantee agency. charges necessary for the collection of prescribe concerning the status of its (e) The guarantee agency shall re­ any amount not paid when due. No reserve fund and the operation of the view for accuracy and completeness the charge other than those authorized by agency’s loan insurance program, in­ determinations submitted to it. Where this section may be assessed or passed on cluding periodic reports setting forth for the determination is on account of a bor­ to the borrower, directly or indirectly. such period the amount of claims paid rower’s death the guarantee agency may (e) Discounting, payment of premi­ on those loans for which the repayment make payments to the holder in accord­ ums; cost to the student. (1) No points, period has commenced. The guarantee ance with its „usual procedure in the premiums or additional interest of any agency shall keep such records as may be amounts set forth in paragraph (b) of kind may be paid to any eligible lender necessary to make such reports, and shall this section. Determinations as to in order to secure funds for making loans afford access thereto at any reasonable whether or not a borrower has become or to induce such a lender to make loans time to the Commissioner or other agen­ totally and permanently disabled shall be to the students of a particular institu­ cies of the Government designated by the promptly forwarded to the Commissioner. tion or any particular category of stu­ Commissioner to assure the correctness (f) The. Commissioner shall promptly dents and, except in circumstances ap­ and verification of such reports and review all determinations submitted to proved by the Commissioner, notes (or records. him. In the case of a disability, the Com­ any interest in notes) evidencing loans (b) The guarantee agency, shall sub­ missioner shall promptly advise the made by educational institutions shall mit to the Commissioner upon request, holder or the guarantee agency or both not be sold or otherwise transferred at forms, procedures or other materials as to whether or not the holder’s deter­ discount. used in the operation of its loan insur­ mination as to whether the loan should (2) In no event may the costs of mak­ance program. The guarantee agency be canceled is approved. Payments may ing a loan under this part (except those shall also submit to the Commissioner be made directly to the holder or through specifically provided for in this section) for his approval and prior to their adop­ the guarantee agency. be passed on (in the form of higher tui­ tion forms, procedures, or other mate­ (g) The Commissioner shall periodi­ tion charges or otherwise) to the rials which the guarantee agency pro­ cally make payments to the guarantee borrower. poses to adopt or revise, and which sub­ agency to cover the payments made by it stantively affect the operation of its loan under this section. § 177.7 Civil rights. insurance program. These include any §177.6 Permissible charges. (a) Guarantee agencies and directproposed arrangement with another loan State loan agencies shall make their loan insurance agency for the administration (a) Rate of interest. The maximumand loan insurance programs available of the guarantee agency’s program. rate of interest on the unpaid principal to students without regard to race, color, (c) The guarantee agency shall re­ balance of any loan covered by this part or national origin. Under this require­ quire that participating lenders shall may not exceed 6 percent per year with ment such agencies have the responsi­ keep such records in connection with respect to loans made prior to August 3, bility for insuring that educational in- loans guaranteed by such agency as may

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16892 RULES AND REGULATIONS be necessary and as the Commissioner ment if he determines that the loan (ix) Provides that a student may ob­ may reasonably require, and shall afford insurance program of the guarantee tain insurance under.the program for a such access thereto at any reasonable program: loan for any year of study at an eligible time to the Commissioner, to assure the (i) Authorizes the insurance of loans institution; correctness and verification of such in amounts up to at least $1,000, but not (x) In the case of a State loan insur­ reports and records. exceed $1,500 to any individual student ance program, provides that such State (d) The lender shall maintain com­ in any academic year or its equivalent program is administered by a single plete and accurate records of all federally after taking into account other loans State agency, or by one of more non­ insured loan accounts which shall reflect covered by this part which the student profit private institutions or organiza­ each transaction so as to afford ready has received in the same academic year tions under the supervision of a single identification of each borrower’s account or its equivalent; State agency. For purposes of this sub- and the status thereof and shall contain (ii) Provides that the aggregate in­ paragraph, “supervision” includes the re­ full and proper documentation to sup­ sured unpaid principal amount of all sponsibility of setting all policies and port a claim for loss. loans made under programs covered procedures for the operation of the (e) The lender shall retain all records under this part and Part 178 of this program; pertaining to each applicant to whom a chapter to any student shall not at any (xi) Provides that the total of the pay­ loan is made until such time as the Com­ time exceed $7,500. ments by a borrower during any year of missioner has no further need for such (iii) Authorizes the insurance of loans any repayment period with respect to the records, but for no less than 3 years to an individual student for at least 6 aggregate amount of all loans to that from the date the loan either has been academic years of study or their equiv­ borrower which are made under pro­ repaid in full or has been defaulted and grams covered under this part or Part alent; 178 of this chapter, shall not be less than the lender reimbursed by the guarantee (iv) Provides that (a) the student agency or by the Commissioner. $360 or the balance of all such loans borrower shall be entitled to accelerate (together with interest thereon), which­ (f) Lenders of federally insured loans without penalty the repayment of the ever amount is less; and direct State loan agencies shall sub­ whole or any part of the insured loan (xii) Provides that a lender may make mit such reports and information as the and (b) except as otherwise specifically a loan to a student borrower in such in­ Commissioner may reasonably require in provided in this part the insured loan stallments as are deemed appropriate by connection with their activities under shall be repaid within 15 years from the the lender, except that the proceeds dis­ the program, and will permit the Gov­ date of execution of the initial note or bursed during a given semester, quarter, ernment’s authorized representatives at other evidence of the loan; or term should not be greater than the any reasonable time to inspect such of its (v) Subject to subdivisions (iv) and amount required by the student for that books and accounts as are necessary to (xi) of this subparagraph, provides that, academic period, and verify the correctness of its records and repayment of loans shall be in install­ (xiii) Provides that the student bor­ reports relating to loans made under the ments over a period of not less than 5 rower shall not be liable for any portion program. years nor more than 10 years beginning of the interest on the note which is pay­ §177.9 Scope of part. not earlier than 9 months nor later than able by the Commissioner, and the lender 1 year after the student ceases to pursue will not collect or attempt to collect such This part covers loans made to stu­ a full-time course of study at an eligible portion of the interest. dents enrolled or accepted for enrollment institution, except that if the program (xiv) Makes adequate provision in its in institutions of higher education under provides for the insurance of loans for agreements with lenders to insure that the provisions of title IV, part B of the part-time (less than full-time but not the provisions of § 177.5 through § 177.8 Higher Education Act of 1965 and loans less than one-half time) study at eligible will be carried out. made on or after December 15, 1968, to institutions, the program shall provide (2) The conditions of subparagraph students enrolled or accepted for enroll­ that (a) such repayment period shall (1) (i) of this paragraph will be met if ment in vocational schools under the begin not earlier than 9 months and not the student loan insurance program (i) provisions of said Act. Part 178 of this later than 1 year after the student authorizes advances of not more than chapter covers loans made to vocational ceases to carry at an eligible institution $1,500 to a student during any 12-month students prior to December 15, 1968, at least one-half the normal full-time school period normally beginning in under the provisions of the subsequently academic workload as determined by the September or authorizes advances to any repealed National Vocational Student institution, and (b) in the case of corre­ student during such 12-month period of Loan Insurance Act of 1965. spondence students, not earlier than 9 not more than an amount which bears Subpart B— Interest Benefits— State months nor later than 1 year after the the same ratio to the number of credit and Private Nonprofit Student Loan expiration of a 90-day period following hours for which full-time or half-time the student borrower’s failure to submit student borrower is registered during any Insurance Programs and Direct State a required assignment, or the expiration such 12-month period as $1,500 multi­ Loan Programs of a 90-day period following the stated plied by the sum of the academic years § 177.11 In general. normal time for completion of the pro­ or their equivalent leading to the degree gram, whichever comes first. or certificate, bears to the total sum of Interest benefits as set forth in § 177.4 (vi) Authorizes interest on the unpaid credit hours required to earn such are available with respect to loans in­ principal balance of the loan at a yearly a degree or certificate; and (ii) author­ sured under State and private nonprofit rate not in excess "of 7 percent per year izes advances of at least $1,000 to a full­ student loan insurance programs meet­ exclusive of any premium for insurance time student and (if the program in­ ing the requirements of § 177.12 or which may be passed on to the borrower, cludes half-time students) at least $500 § 177.13 and with respect to direct State but such insurance premium may not re­ to a half-time student during any 12- loan programs meeting the requirements sult in charges in excess of the equivalent month school period. of § 177.14. of one-half of 1 percent per year of the (3) Notwithstanding any of the limi­ § 177.12 Agreements for Federal pay­ unpaid principal; tations set forth in subdivisions (iv) and ments to reduce student interest costs (vii) Insures not less than 80 percen- (v) of subparagraph (1) of this para­ for insured loans. tum of the unpaid principal of loans graph there shall be excluded in comput­ (a) (1) Except as provided for ininsured under the program; ing the maximum and minimum period (viii) Provides that the benefits of the allowed for repayment any period after § 177.13, interest benefits under insured December 14,1968, loan programs shall be available only loan insurance program will not be (i) During which the borrower is pur­ insofar as the loan to which they relate denied any student because of his family suing a full-time course of study at an are covered under an agreement between income or lack of need if his adjusted eligible institution. the guarantee agency and the Commis­ annual family income at the time the (ii) Not in excess of 3 years during sioner pursuant to this section. The Com­ note is executed is less than $15,000, as which the borrower is a member of the missioner may enter into such an agree- determined under § 177.3; Armed Forces of the United States,

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31 1970 RULES AND REGULATIONS 16893

(iii) Not In excess of 3 years during than 60 days nor later than 1 year after § 177.22 Applications. which the borrower is in service as a the student borrower ceases to be a full­ volunteer under the Peace Corps Act, or time student in an eligible institution, or Applications for funds made available (iv) Not in excess of 3 years during if loans are available for part-time study, pursuant to § 177.21 shall be submitted which the borrower is in service as a full­ ceases to carry at an eligible institution at such time or times and in such manner time volunteer under Title VIII of the at least one-half the normal full-time and contain such information as the Economic Opportunity Act of 1964, where academic workload as determined by the Commissioner may require. pursuant to appropriate regulations of institution; and (ii) in the case of cor­ § 177.23 Allocation and payment of the guarantee agency, the lender pro­ respondence students, not earlier than 9 State’s allotment. vides in such cases that periodic install­ months nor later than 1 year after the (a) If, in any State, there is no State ments of principal need not be made, but expiration of a 90-day period following student loan insurance program (covered that interest shall accrue and be paid. the student borrower’s failure to submit a by an agreement pursuant to § 177.12) (b) The agreement shall contain suchrequired assignment, or the expiration extending to all studènts at eligible in­ provisions and assurances and be sup­ of a 90-day period following the stated stitutions who are residents of that State ported by such information as the Com­ normal time for completion of the pro­ (regardless of the State in which the missioner may require pursuant to para­ gram, whichever comes first. eligible institution is located) the State’s graph (a) of this section, §§ 177.5 and (3) The maximum amount of loans to allotment, as determined in accordance 177.31, including provision for record any individual student does not exceed with the first two sentences of section keeping by lenders as well as the agency the maximum amounts provided for in 422(b) of the Act, shall be allocated and and for inspection of such records and § 177.43. reallocated from time to time among all for termination. Termination will not (b) For purposes of this section, a guarantee agencies, covering such resi­ affect any obligation previously incurred direct State student loan program in­ dents, on the basis of the most recent pursuant to the agreement and, if or­ cludes only those programs which are information available to the Commis­ dered by the Commissioner, will not be­ available to students in one or more cate­ sioner as to the coverage of the loan in­ come final until the State agency or non­ gories of eligible institutions. surance programs of such agencies. profit institution or organization has (c) States are encouraged to include (b) Payments on account of alloca­ been afforded an opportunity for a in their direct State loan programs the tions and reallocations shall be made on hearing. , provisions described in § 177.12(a) (3). the basis of the Commissioner’s most re­ § 177.13 Interim coverage for insured (d) Loans may be made to a student cent estimates of the expected demand loan programs approved prior to borrower in such installments as are for insured loans and such other infor­ June 30,1967. deemed appropriate, except that the mation as the Commissioner may deem proceeds disbursed during a given semes­ appropriate. Such payments are author­ Federal payments may be made with ter, quarter, or -term should not be respect to student loans which were ad­ ized if the guarantee agency has en­ greater than the amount required by the cumbered at least 75 percent of the ca­ vanced and insured prior to June 30, student for that academic period. 1967, where the Commissioner deter­ pacity of its reserve fund. mined prior to that time that the student Subpart C— Advances for Reserve (c) Advances after June 30, 1968 : Any loan insurance program met the provi­ amount advanced after June 30, 1968, Funds of State and Private Non­ must be matched by an equal amount sions of section 428(a) (1) (C) (i) of the profit Loan Insurance Programs Act. All such determinations are reflected from non-Federal sources. Such equal in applications for coverage of such pro­ § 177.21 In general. amount may include the unencumbered grams which were approved by the Com­ (a) The Commissioner may make non-Federal portion of a reserve fund. missioner. Interest benefits are payable advances to any State with which he has As used in the preceding sentence, the by the Commissioner on loans so covered entered into an agreement pursuant to term “unencumbered non-Federal por­ so long as: § 177.12 and § 177.31 for the purpose of tion” means the amount (determined as (a) Interest charges on such loans do helping to establish or strengthen the of the time immediately preceding the not exceed 6 percent per year of the making of the advance) of the reserve reserve fund of the student loan insur­ fund less the greater of (1) the sum of unpaid balance of the loan exclusive of ance program covered by such agree­ any premium for insurance which may (1) advances made under this section ments. The Commissioner may also make prior to July 1, 1968, (ii) an amount be passed on to the borrower; and advances to a State where it is prevented (b) Repayment of such loans is to be by State law from entering into an agree­ equal to twice the amount of advances in installments beginning not earlier than ment pursuant to § 177.31. made under this section after June 30, 60 days after the student borrower ceases 1968, and before the advance for pur­ (b) If for any fiscal year a State does poses of which the determination is made, to be a full-time student in an eligible not have a student loan insurance pro­ institution, or if insurance is available gram which is covered by an agreement and (iii) the proceeds of earnings on for part-time study (less than full-time, pursuant to § 177.12 and the Commis­ advances made under this section, or but not less than half-time) ceases to sioner determines, after consultation (2) any amount which is required to be carry at an eligible institution at least with the chief executive officer of that maintained in such fund pursuant to half the normal full-time academic work­ State, that there is no reasonable likeli­ State law or regulation, or by agreement load as determined by the institution. with lenders, as a reserve against the hood that the State will have such a insurance of outstanding loans. § 177.14 Federal payments to reduce student loan insurance program for such student interest costs on direct State year, the Commissioner may make such* § 177.24 Terms and conditions of ad­ loans. advances for such year to one or more vance. nonprofit private institutions or orga­ (a) Federal payments to reduce stu­ Advances of funds to a guarantee nizations with which he has entered into agency shall be upon such terms and dent interest costs may be made on be­ such an agreement. half of students who meet the require­ conditions (including conditions relating ments of § 177.2 and who have received (c) The Commissioner may make to the time or times of payment) con­ a loan covered under a direct State stu­ advances to a State program (with which sistent with the requirements of section dent loan program which has been ap­ he has such an agreement) and to one 428(b) as the Commissioner determines proved by the Commissioner on the basis will best carry out the purposes of the or more nonprofit private institutions or Act and shall be repaid at such time or of an application submitted for that pur­ organizations (with which he has such pose. No such application will be ap­ times as may be agreed to by the Com­ proved unless the program meets the an agreement) in that State if he deter­ missioner, in light of the maturity and following requirements: mines that such advances are necessary solvency of the fund for Which the ad­ (1) Interest charges do not exceed 7 in order that students in each eligible vance was made, and shall be made pur­ percent per year of the unpaid principal institution have access through such in­ suant to an agreement which shall in­ balance of the loan; clude such other terms and conditions stitution to a student loan insurance as are agreed to by the Commissioner (2) Repayment of such loans is made program which meets the requirements and the guarantee agency, including the in installments (i) beginning not earlier of § 177.12. following:

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 16894 RULES AND REGULATIONS (a) Funds advanced pursuant to this tended to the guarantee agency under erage with respect to any loan, is con­ subpart shall be used only for the pur­ such agreement is acceptable in lieu of ditioned, upon compliance by the lender pose of insuring loans for the same cate­ cash in full satisfaction of any State with such requirements (to be stated or gory of students on account of which the laws, regulations, and provisions in incorporated by reference in the certifi­ Federal advance was made. Loan insur­ agreements between lenders and the cate) as in the Commissioner’s judgment ance premiums, if any (referred to in guarantee agency regarding the mainte­ will best achieve the purpose of this § 177.6(b)) and interest or other earn­ nance of the guarantee agency’s reserve paragraph while protecting the financial ings derived from such funds may be funds. interest of the United States and promot­ used for such purposes and for expendi­ (c) The agreement shall set forth suching the objectives of this part. tures necessary for the proper and effi­ terms and conditions as the Commis­ (d) The amount of loss due to the cient administration of the program; sioner finds necessary to carry out the borrower’s default (or with respect to (b) The guarantee agency shall main­ purposes of the part and to protect the loans made prior to December 15, 1968, tain a separate fund or account into United States from unreasonable loss, due to his death or permanent and total which there shall be deposited or credited and shall be effective with respect to disability) on any loan insured by the all advances (and required matching loans made during such periods as are Commissioner under this subpart shall be funds) pursuant to this subpart together set forth therein. the amount equal to the unpaid balance with such sums as are (1) appropriated of the principal amount of such loan by a State for loan insurance purposes Subpart E— Federal Loan Insurance other than any interest or any other (2) received by the agency as loan in­ § 177.41 Scope. charges which may have been added to, surance premiums, (3) received by the Tine Commissioner will provide Federal and become a part of, the principal Agency through gift, grant, or by other loan insurance to lenders in a State amount of the loan. means from other sources for loan in­ where; he is unable to find that insured (e) The Commissioner may, if he finds surance purposes, (4) collected on de­ loans are reasonably available under it necessary to do so in order to assure faulted loans including payments pur­ State and private nonprofit loan insur­ an equitable distribution of the benefits suant to subpart D or (5) in the nature ance programs covered by an agreement of this part, assign, within the maximum of interest or other earnings derived from pursuant to § 177.12, determines that amount specified within the Act, Federal the investment thereof. such action is otherwise consistent with loan insurance quotas applicable to (c) The applicant shall submit such section 423 of the Act and is necessary eligible lenders, or to States or areas, and financial reports as the Commissioner and appropriate to achieve the purpose may from time to time reassign unused may reasonably require to enable him to of this part. portions of these quotas. carry out his functions under this sub­ part. If, on the basis of such report and § 177.42 Issuance of Federal loan insur­ § 177.43 Limitations governing maxi­ ance. . mum amount of federally insured such other information as may be ap­ loans. propriate, the Commissioner determines (a) The Commissioner will enter into that any of the funds advanced pursuant agreements with eligible lenders in ac­ (a) Annual amounts. The Commis­ to this subpart are no longer required to cordance with section 432(a) (3) of the sioner will not insure loans to any student maintain an adequate reserve, he may Act under which losses resulting from in any academic year of study in an require that such funds be returned to the borrowers failure to make repayment amount in excess of $1,500 after taking the Federal Government or made avail­ of the principal amount on loans made into account other loans covered by this able to some other guarantee agency by the lender (on instruments which meet part which the student has already re­ within the State; and the requirements of § 177.46) will be cov­ ceived during the same period of study. (d) Such other provision as the Com­ ered by Federal loan insurance issued The Commissioner will, however, insure missioner finds necessary to protect the pursuant to the provisions of this loans of proportionately larger amounts interests of the United States and pro­ subpart. made to a full-time student pursuing a mote the purposes of this part. program of study longer than an aca­ Ob) Each eligible lender with which demic year, but in no event for any 12- Subpart D— Federal Reinsurance of the Commissioner has entered into an agreement pursuant to paragraph (a) of month period in amounts in excess of Student Loans Insured by Guaran­ this section may make application to the $2,000 after taking into account other tee Agencies loans made under programs covered by Commissioner for Federal loan insurance this part which the student has already § 177.31 Agreements for reinsurance. in connection with each application for a loan which the lender has initially received during such 12-month period of (a) The Commissioner may enter into determined to be eligible for such in­ study. reinsurance agreements with guarantee surance coverage. Upon receipt of such (b) Aggregate amounts. The Commis­ agencies with which he has an agree­ application, which shall he filed on such sioner will not insure any amount of a ment pursuant to § 177.12, whereby the form and in such manner as may be loan which, together with the outstand­ Commissioner undertakes to reimburse determined by the Commissioner, the ing principal on all other loans covered the agency in an amount equal to 80 Commissioner shall determine whether under this part, and Part 178, exceeds percent of the unpaid principal amount or not the loan is insurable and if the\ $7,500. expended by it in discharge of its insur­ loan is determined to be insurable, the (c) Vocational loans. The Commis­ ance obligation incurred under its loan Commissioner shall, by affixing to the sioner will not insure loans to any stu­ insurance program, with respect to losses application evidence thereof, advise the dent under this subpart for any academic resulting from the defualt of the student lender that the loan is insurable and year if such student has already received borrower on the unpaid principal bal­ the amount of insurance. The insurance a loan for that academic year which was ance (other than interest added to prin­ shall extend to all disbursements made made or insured by the Commissioner cipal) of the loans insured under, pursuant to the loan, except that, unless under Part 178 of this chapter (the Na­ a § 177.12 agreement or pursuant to the expressly provided for, no disbursements tional Vocational Student Loan Insur­ provisions of § 177.13. For purposes of made on a loan prior to the issuance of ance Program). this paragraph “losses” shall not include insurance shall be covered. any payments by the guarantee agency § 177.44 Eligibility for insured loans. on loans made on or after December 15, (c) The Commissioner may issue to Loans by eligible lenders who have in 1968, in cases where the borrower dies any eligible lender applying therefore a effect an agreement with the Commis­ or becomes totally and permanently dis­ certificate of comprehensive insurance sioner are insurable under this subpart coverage which shall, without further only if made to a student who (a) has abled. The guarantee agency shall be action by the Commissioner, insure all compensated for such payments pursu­ been accepted for enrollment at an eligi­ insurable loans made by that lender, on ble institution, or in the case of a student ant to the provisions of § 177.5. or after the date of the certificate and attending an eligible institution, is in (b) The Commissioner will not enter before a specified cutoff date, within the good standing there as determined by the into a reinsurance agreement unless he limits of an aggregate maximum amount institution, (b) is carrying at least one- is satisfied that such credit as is ex- stated in the certificate. Insurance cov­ half the normal fulltime workload as

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 RULES AND REGULATIONS 16895 determined by the institution, (c) pro­ obligation under applicable local law, and the lender will not collect or attempt vides the lender with a statement from endorsement may be required. to collect such portion of the interest. the institution certifying that the condi­ (c) Disbursement. A lender may make Interest on loans insured under this sub­ tions stated in paragraphs (a) and (b) a loan to a student borrower in such in­ part which is not payable by the Commis­ of this section have been met, and In stallments as are deemed appropriate sioner shall be payable in installments addition, sets forth a current schedule of by the lender, except that the proceeds over the period of the loan except that if tuition and fees, and its estimate of the disbursed during a given semester, provided in the note or other written costs of room, board, and any other costs quarter, or term should not be greater agreement, any interest payable by the which the institution determines to be than the amount required by the student student may be deferred until not later necessary to the pursuit of the student’s for that academic period. The lender may than the date upon which payment of the education, (d) provides the lender with not make disbursement of any of the first installment of principal falls due, a statement of any financial aids which proceeds of the loan to a student bor­ in which case, interest that has so ac­ are to be made available to him during rower earlier than is reasonably neces­ crued during that period may be added the period for which the loan is sought, sary to meet the purposes for which the on that date to the principal (but with­ (e) provides the lender an assurance that loan was made. out thereby increasing the insurance the loan will not be used for any purpose (d) Commencement of repayment. liability under this part). other than for the costs of pursuing his The note evidencing the loan shall pro­ (h) Acceleration. The student bor­ education for the period covered by the vide for repayment of the principal rower may accelerate repayment of the application, and (f) provides to the amount together with interest thereon whole or any part of the loan without lender a statement listing the dates and in periodic installments beginning penalty. amounts of other loans to him, which are (1) not earlier than 9 months nor later (i) Payment of insurance premiums. made under programs covered under this than 1 year after the date on which the The lender may require that the borrow­ part and Part 178 of this chapter. student ceases to carry at an eligible in­ er pay, in addition to principal and in­ stitution at least one-half the normal terest due, an amount equal to the in­ § 177.45 Insurance premiums. full-time academic workload as deter­ surance premium that the lender is re­ (a) Rate. The lender will be liable to mined by that institution, and (2) in the quired to pay to the Commissioner on the Commissioner on all insured loans base of correspondence students, not any loan. to pay a premium in an amount equal earlier than 9 months nor later than 1 to one-fourth of 1 percent per year of year after the expiration of a 90-day § 177.47 Loan cancellation; death or the unpaid principal balance of the loan period, following the student borrower’s disability. (excluding interest or other charges failure to submit a required assignment, (a) In the event the borrower dies, the which may have been added to the or the expiration of a 90-day period obligation to make any further payments principal). following the stated normal time for of principal and interest shall be can­ (b) Collection of premiums. Premi­ completion of the program, whichever celed. A determination as to whether or ums covering that period of time which comes first. not such obligation is to be canceled on runs from the disbursal of the loan to (e) Repayment period. The terms of account of death shall be. made by‘the the time that it is anticipated, in accord- the note shall provide: (1) For repay­ holder on the basis of a certification of *>ance with instructions issued by the ment over a period of not less than 5 death or such other official proof as is Commissioner, that repayment of princi­ years, nor more than 10 years from the conclusive under State law. pal is to begin shall be payable at the commencement of the repayment period, (b) In the event the borrower becomes time the loan is disbursed. Premiums but except as otherwise specifically pro­ totally and permanently disabled, the attributable to all other periods during vided for in this part, in no event over obligation to pay any further payments which the loan is outstanding shall be a period in excess of 15 years from the of principal and interest shall be can­ payable periodically as determined by date of execution of the note; and (2) celed. A determination based on medical the Commissioner except-that the Com­ that the total of payments by a borrower evidence supplied by the borrower on missioner may waive the payment of all during any period during which repay­ forms provided by the Commissioner as or part of such premiums if he de­ ment of principal is required with respect to whether such obligation is to be can­ termines that such premiums are not to the aggregate amount of all loans to celed on account of total and permanent necessary to the maintenance of an that borrower that are made under pro­ disability shall be made by the hold­ adequate reserve fund for the payment grams covered under this part or Part er subject to the approval of the of claims. 178 shall be at a rate of not less than Commissioner. (c) Payment of premiums. The Com­ $360 per annum or the balance of all missioner may set off insurance premi­ such loans (together with interest § 177.48 Procedures for filing claims. ums payable to him by the lender against thereon) whichever amount is less. (a) General. The Commissioner will amounts payable by the Commissioner (f) Deferment. Periodic installments honor claims for reimbursement for to the lender. of principal need not be paid, but interest loss on a loan insured pursuant to this subpart only if: (1) The loan is deter­ § 177.46 Disbursement and repayment shall accrue and be paid, during any of loans. period (1) in which the borrower is pur­ mined to be in default (as defined in suing a full-time course of study at an § 177.1 (n)) or has been canceled in ac­ (a) Evidence of indebtedness. All in­ eligible institution, (2) not in excess of 3 cordance with § 177.47 or the borrower surable loans shall be evidenced by a years, during which the borrower is a has been adjudicated a bankrupt; (2) promissory note which meets the re­ member of the Armed Forces of the the lender has used due diligence in at­ quirements of section 427(a) of the Act. United States, (3) not in excess of 3 years tempting to effect collection of a de­ The Commissioner shall from time to during which the borrower is in service faulted loan; (3) a written demand for time make available a promissory note as a volunteer under the Peace Corps payment has been made on the borrower form which meets the statutory require­ Act or (4) not in excess of 3 years during and any endorser on a defaulted note ments. Any substantive deviation from which the borrower is in service as a not less than 30 days nor more than 60 the provisions of the most current prom­ full-time volunteer under title VIII of days prior to the filing of the claim for issory note form made available by the the Economic Opportunity Act of 1964. loss; and (4) the claim is supported by Commissioner must be approved by the Where repayment of the loan is deferred, such documents as are required by the Commissioner prior to the making of any the period of deferment shall not be in­ Commissioner. loans to be evidenced thereby. A copy cluded in the minimum or maximum (b) Collection of loans. The lender of every executed note shall be supplied periods allowed for repayment of the loan shall use due diligence in the servicing to the student maker thereof. provided for in paragraph (e) of this and collection of loans insured under this (b) Security and endorsement. The section. loan shall be made without security and (g) Student’s liability for interest. Thé subpart, and shall utilize collection prac­ without endorsement, except that if the student borrower shall not be liable for tices no less extensive and forceful than borrower is a minor and his note would any portion of the interest on the note those generally in force among financial not constitute a valid and enforceable which is payable by the Commissioner, institutions.

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970 No. 213—Ft. n ——2 16896 RULES AND REGULATIONS (c) Filing of claim application. A claim claim is filed, without warranty except §177.50 Termination of insurance. for reimbursement for loss on an insured that the note qualifies for insurance un­ An agreement covering insurance of loan shall be filed on a form provided by der this subpart. loans provided for in § 177.42 may be the Commissioner and in the case of de­ § 177.49 Transfer of insured loan. terminated after reasonable notice and fault may be made at such time as the an opportunity for a hearing if the Com­ lender has determined, that the loan can­ (a) A loan insured under this subpart missioner finds the lender has failed to not be collected, or after such time as the shall not be transferred or assigned, in­ comply with any of the provisions of this lender determines the borrower to have cluding assignment as security, except part including (a) the exercise of reason­ died or become totally and permanently to another eligible lender and as pro­ able care and diligence in the making disabled, or upon notification that the vided for in § 177.7. and collection of loans, ,(b) payment of borrower has been adjudicated a bank­ (b) The Commissioner shall be noti­ premiums required pursuant to § 177.45 rupt. Such claims shall be submitted to­ fied of any assignment of a note insured or (c) the filing of such reports and the gether with the original or copies of all under this subpart where the right to keeping of such records as may be re­ documents relating to the approval and receive interest payments has also been quired pursuant to § 177.8. After issuance servicing of the loan including all col­ assigned. The borrower shall be notified to and the receipt of such notice by the lection efforts made (whether by the of the assignment of any note insured lender, and pending action taken on the original lender or by any subsequent under this subpart where the assignment basis of a hearing, if any, the Commis­ holder) and in the case of a loan in de­ results in his being required to make in­ sioner shall no longer insure loans fault, an affidavit, on a form to be sup­ stallment payments or direct other mat­ made by the lender or be liable under a plied by the Commissioner to the effect ters connected with the loan to another comprehensive certificate of insurance. that to the best of the holder’s knowl­ party, edge and belief, the borrower is not en­ (c) The approval of the Commission­ § 177.51 Forbearance. titled to deferment of the repayment of er is required prior to transfer or assign­ Nothing in this subpart shall be con­ the principal of the loan as provided for ment of a note to any eligible lender who strued to preclude any forbearance for in § 177.46(f). In cases of loss on account has not entered into an agreement with the benefit of the student borrower which of cancellation for death or total and the Commissioner pursuant to this sub­ may be agreed upon by the parties to the permanent disability, the claim shall also part. The Commissioner shall approve insured loan and approved by the Com­ be accompanied by the documents form­ such transfer or assignment only if he missioner. ing the basis for the determination. In has assurance that all matters required Except as otherwise provided by law, cases cf bankruptcy the claim shall be these provisions shall become effective 30 of lenders under this part will be com­ accompanied by copies of any corre­ days after publication in the F ederal spondence (including proofs of claim) plied with by one or more of the parties R eg ister. directed to or received from the referee in to such transfer or assignment. Dated: August 24, 1970. bankruptcy and any objections to the (d) The insurance coverage on notes transferred or assigned in accordance T. H. B e l l , discharge of which the lender may be Acting Commissioner of Education. aware. with the provisions of this section shall (d) Assignment of note. Payment of remain in full force and effect and any Approved: October 26, 1970. a claim shall be contingent upon receipt matters required of lenders in order to E ll io t L. R ichardson, of an assignment to the United States perfect a claim on such notes under this Secretary. of America of all right, title and interest part may be performed by the transferee [F.R. Doc. 70-14670; Filed, Oct. 30, 1970; of the lender of the note on which the or assignee. 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 213— SATURDAY, OCTOBER 31, 1970