Federal Register: 34 Fed. Reg. 8891 (June 4, 1969)

FEDERAL REGISTER VOLUME 34 NUMBER 106 Wednesday, June 4, 1969 . Washington, D.C. Pages 8891-8957 PART I (Part II begins on page 8951)

Agencies in this issue- Agricultural Research Service Civil Service Commission Coast Guard Commerce Department Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Economic Opportunity Office Education Office Federal Aviation Administration Federal Communications Commission Federal Home Loan Bank Board Federal Power Commission Federal Trade Commission Food and Drug Administration Health, Education, and Welfare Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau National Commission on Product Safety Public Health Service Small Business Administration 37%\\. Detailed list of Contents appears inside.

No. 10--Pt. I-1 Public Papers of the- Presidents of the United -States

Annual volumes containing the public messages and statements, news conferences, and other selected papers released by the White House. Volumes for the following years are now available:

HARRY S. TRUMAN 1945 ------$5.50 1949------$6.75 1946 ------$6.00 1950------$7.75 1947 ------$5.25 1951 ------$6.25 1948 ------$9. 75 1952-53 ------$9.00

DWIGHT D. EISENHOWER 1953 $6. 75 1957 ------$6.75 1954------$7. 25 1958 ------$8,25 1955 ------$6.75 1959 ------$7.00 1956 ------$7. 25 1960-61 ------$7.75

- JOHN F. KENNEDY 1961 ------$9.00 1962 $9.00 1963 ------$9.00

LYNDON B. JOHNSON 1963-64 (Book I) ------$6.75 1966 (Book I) ------$6.50 1963-64 (Book H) ------$7.00 1966 (Book II) ------$7.00 1965 (Book I) ------$6.25 1967 (Book I) ------$8. 75 1965 (Book II) ------$6.25 1967 (Book II) ------$8.00

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AGRICULTURAL RESEARCH FEDERAL AVIATION Proposed Rule Making ADMINISTRATION Cheese and cheese products; pro- SERVICE . posals to amend standards- 8925 Rules and Regulations Proposed Rule Making Notices Cereal leaf. beetle; proposed quar- Alterations: Petitions antine in Ky., etc...... Control zone (2 documents)___ 8907 regarding pesticides and Transition area ------8907 food additives: Transition area; designation--- 8907 Patterson, C. J., Co------8934 AGRICULTURE DEPARTMEN1 Woolfolk Chemical Works, Ltd- 8934 See Agricultural Research Service; Proposed Rule Making Commodity Credit Corporation; area; proposed altera- - HEALTH, EDUCATION, Consumer and Marketing Serv- Transition AND ice. tion------8925 WELFARE DEPARTMENT See Education Office; Food and CIVIL SERVICE COMMISSIO FEDERAL COMMUNICATIONS Drug Administration; Public Notices COMMISSION Health Service. Justice Department; notice of title Rules and Regulations Notices change in noncareer executive Standard broadcast applications; Air pollution control; notice of assignment------submission of dates and times conference ------8934 of field intensity measurements- 8919 COAST GUARD Notices INTERIOR DEPARTMENT Proposed Rule Making Norristown Broadcasting Co., Inc. See Land Management Bureau. Great Lakes pilotage rules- and (WNAR); memorandum, opin- regulations -...... ion and order enlarging issues- 8935 INTERNAL REVENUE SERVICE COMMERCE DEPARTMENT FEDERAL HOME LOAN BANK Rules and Regulations Liquor dealers; miscellaneous Notices BOARD amendments ------8911 Environmental Science Services 'Rules and Regulations Administration; Coast and Geo- detic Survey; field structure--- Federal Savings and Loan Insur- INTERSTATE COMMERCE ance Corporation; operations-- 8905 COMMISSION Federal Savings and Loan System; COMMODITY CREDIT, operations (3 documents)_-' S903, 8904 Rules and Regulations CORPORATION Certain railroads; car service (4 Rule; and Regulations FEDERAL POWER COMMISSION documents) ------8920, 8921 Wheat; 1969 loan and purchase Notices Proposed Rule Making program Humble Oil & Refining Co., et al.; Fees for services performed in Notices findings and order after hear- connection with licensing and Sales of certain commodities; June ing------8937 related activities ------8927 sales list ..... Notices FEDERAL TRADE COMMISSION Certain railroads; car distribu- CONSUMER AND MARKETI] Proposed Rule Making tion (2 documents) ------8942 SERVICE Motor carrier: Certain commodities; exemptions- Alternate x o u t e deviation Rules and Regulations from requirements of Fair notices ------8942 Avocados; import regulations... Packaging and Labeling Act (2 ,Applications and-certain other Grapefruit grown in Arizona and documents) ------8925, 8926' proceedings ------8944 designated part of California; Notices Temporary authority applica- shipment limitations ------Certain commodities; denial of tions ------8948 reqijests - for reconsideration Transfer proceedings ------8948 CUSTOMS BUREAU under Fair Packaging and La- Notices beling Act ------8941 LAND MANAGEMENT BUREAU Approval of an issuing and guar- Rules and Regulations anteeing association for carnets FOOD AND DRUG Flood hazards ------8915 under two customs conventions- 8930 ADMINISTRATION Utah; public land order ------8915 ECONOMIC OPPORTUNITY Rules and Regulations Notices OFFICE Certain, cheeses; identity stand- California; opening of lands_-_ 8930 ards ...... 8908 Rules and Regulations Food additives: NATIONAL COMMISSION Community action program gran- Fermentation-derived, m i l k - ON PRODUCT SAFETY tee operations; public meetings clotting enzyme 8910 after grant of assistance ------8919 n-alkyl (C.-C,8 benzyldimethl- Notices ammonium chloride ------8910 Household products presenting EDUCATION OFFICE Rubber articles intended for health and safety risk; supple- repeated use ------8911 mental notice of hearing ------8941 Rules and Regulations Sodium polymethacrylate -. 8910 (Continued on next page) College library resources program- 8916 Trifluralin; tolerances ------8909 8893 8894 CONTENTS

PUBLIC HEALTH SERVICE Proposed Rule Making TRANSPORTATION DEPARTMENT Rules and Regulations Control of electronic product See Coast Guard; Federal Avia- radiation 8953 Regulations for administration tion Administration. and enforcement of the Radia- tion Control for Health and SMALL BUSINESS Safety Act of 1968------8952 ADMINISTRATION TREASURY DEPARTMENT Typhoid vaccine; additional 8914 Proposed Rule Making See Customs Bureau; Internal Revenue'Service. standards------Lending institutions formed to facilitate funding to licensees-- 8927 Notices Area Coordinators et al.; delegation of authority 8942

List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1969, and-specifies how they are affected. . 7 CFR 16 CFR 43 CFR 909 ------8895 PROPOSED RULES: 1720 ------8915 8895 944 ------501 (2 documents) ------8925, 8926 PUBLIC LAxD ORDERS: 1421 ------8897 4567 (revoked in part by PLO PROPOSED RULES: 21 CFR 4664) ------8915 19 ------8908 8923 301 ------120 ------8909 45 CFR 12 CFR 121 (4 documents) ------8910, 8911 131 ------8916 PROPOSED RULES: 1070 ------8919 (3 documents) ------8903, 8904 545 19 ------8925 563 ------8905 46 CFR 26 CFR PROPOSED RULES: 13 CFR 194 ------8911 401 ------8923 PROPOSED RULES: 42 CFR 47 CFR 107------R~o97 73------8914 73 ------8919 78 ------8952 14 CFR 49 CFR 8907 PROPOSED RULES: 71 (4 documents) 78------8953 1033 (4 documents) ------8920, 8921 PROPOSED RULES: PROPOSED RULES: 71 ------8925 1002 ------8927 8895 Rules and Regulations

submitted to the Department after such (b) 15 percent, by count, for serious Title. 7- AGRICULTURE unassembled meeting; necessary supple- damage caused by dryness or mushy con- mental economic and statistical infor- dition, including therein not more than Chapter IX-Consumer and Market- mation upon which this recommended 5 percent, by count; for grapefruit hay- ing Service (Marketing Agreements amendment is based were received on Ing 40 percent or more of the pulp or and Orders; Fruits, Vegetables, May 26, 1969; information regarding the edible portion of the grapefruit showing Nuts), Department of Agriculture provisions of the regulation recom- evidence of dryness or mushy condition; [Grapefruit Reg. 35, Amdt. 4] mended by the committee has been dis- and seminated to shippers of grapefruit, (c) 10 percent, by count, for defects PART 909-GRAPEFRUIT GROWN IN grown as aforesaid; this amendment, in- other than scarring or serious damage THE STATE OF ARIZONA; IN IMPE- cluding the effective time thereof, is caused by dryness or mushy condition, RIAL COUNTY, CALIF.; AND IN THAT identical with the recommendation of including therein not more than 5 per- the committee; it is necessary, in order cent, by count, for grapefruit having peel PART OF RIVERSIDE COUNTY, to effectuate the declared policy of the more than 1 inch in thickness at the stem CALIF., SITUATED SOUTH AND EAST act, to make this amendment effective end, measured from the flesh to the high- OF WHITE WATER, CALIF. on the date hereinafter set forth; and, est point of the peel; or Limitation of Shipments compliance with this amendment will not require any special preparation on (Secs. 1-19, 48 Stat. 31, as amended; 7 US.C. Findings. (1) Pursuant to the market- the part of the persons subject thereto 601-:674) ing agreement, as-amended, and-Order which cannot be completed on or be- No. 909, as amended (7 CFR Part 909), fore the-effective date hereof, and this Dated, May 29, 1969, to become effec- regulating the handling of grapefruit amendment relieves restrictions on the tive June 1, 1969. grown in the State of Arizona; in Im- handling of grapefruit. FLOYD F. HEDLUND, perial County, Calif.; and in that part Order. In § 909.335 (Grapefruit.Regu- Director, Fruit and Vegetable of Riverside County, Calif., situated lation 35; 33 FR. 15295; 34 F.R. 810, Division, Consumer and Mar- south and east of White Water, Calif., 5907, 7283) the provisions of paragraph keting Service. (a) (1) pre6eding (a) (1) (ii) are amended effective inder the applicable provisions [F.R. Doc. 69-6624; Filed, June 2, 1969; of the Agricultural Marketing Agree- to read as follows: 11:23 a.m.] ment Act of 1937, as amended (7 U.S.C. § 909.335 Grapefruit Regulation 35. 601-674), and upon the basis of the recommendation of the Administrative (a) Order. (1) Except as otherwise [Avocado Reg. 17] provided in subparagraph (2) of this Committee (established under the afore- PART 944-FRUIT; IMPORT said amended marketing agreement and paragraph, during the period June 1, order), and upon other available infor- 1969, through August 30, 1969, no han- REGULATIONS mation, it is hereby found that the lim- dler shall handle from the State of Cali- Avocados itation of shipments of grapefruit, as fornia or the State of Arizona to any hereinafter provided, will tend to ef- point outside thereof: § 944.9 Avocado Regulation 17. fectuate the declared policy of the act. (i) Any grapefruit which do not meet (a) On and after the effective time of (2) The recommendation of the Ad- the requirements of the U.S. No. 2 grade this section, the importation into the ministrative Committee reflects its ap- which for purpose of this regulation shall United States of any avocados is prohib- praisal of the current grapefruit crop include the requirement that the grape- ited unless such avocados are inspected and the current and prospective market fruit be free from peel that is more than and meet the following requirements: conditions. More grapefruit is affected by 1 inch in thickness at the stem end (1) All avocados imported ducing the scarring than heretofore estimated. Such (measured from the flesh to the highest period June 9, 1969, through April 30, grapefruit is otherwise of good quality point of the peel) : Provided,That in lieu 1970, shall grade not less than U.S. No. 3. and is readily desired by consumers. This of the 10 percent tolerance provided for (2) Avocados of the Pollock variety amendment relaxes the requirement as the U.S. No. 2 grade, not more than a shall not be imported (I) prior to July 7, to such scarring so that more scarred total tolerance of 20 percent, by count, 1969; (ii) from July 7, 1969, through grapefruit may be shipped, shall be allowed for grapefruit which fail July 13, 1969, unless the individual fruit (3) It is hereby further found that it to meet the requiremEnts of such grade: in each lot of such avocados weighs at Is impracticable and contrary to the pub- Provided further, That included in this least 18 ounces or measures at least lic interest to give preliminary notice, amount not more than the following per- 311/Ainches in diameter; and (iii) from engage in public rule-making procedure, centages shall be allowed for defects July 14, 1969, through July 28, 1969, un- and postpone the effective date of this listed: less the individual fruit in each lot of amendment until 30 days after publica- (a) 20 percent, by count, for defects such avocados weighs at least 16 ounces tion thereof in the FEDERAL REGISTER (5 'caused by scarring, including therein not or measures at least 37,4 inches in U.S.C. 553) because the time intervening more than 5 percent, by count, for any diameter. between the date when information upon of the following defects or any combina- (3)- Avocados of the Catalina variety which this amendment is based became tion thereof: shall not be imported (I) prior to Sep- available and the time when this amend- (1) Scars which are fairly light in tember 15, 1969; (ii) from September 15, ment must become effective in order to color, slightly rough or of slight depth 1969, through September 21, 1969, unless effectuate the declared policy of the act and aggregate more than 15 percent of the individual fruit in each lot of such is insufficient, and a reasonable time is the fruit surface; avocados weighs at least 24 ounces; and permitted, under the circumstances, for (2) Scars which are dark, rough, or (iii), from September 22, 1969, through preparation for such effective dlate. The deep and aggregate more than 5 percent October 5, 1969, unless the individual Administrative Committee held an un- of the fruit surface; or fruit in each such lot of such avocados assembled meeting on May 26, 1969, to consider recommendation for regula- (3) Scars which are very deep; or weighs at least 22 ounces. tion; the recommendation and support- scars which are very rough or very dark (4) Avocados of the Trapp variety ing information for regulation during the and aggregate more than 1 inch in shall not be imported (i) prior to Au- period specified herein were promptly diameter. gust 11, 1969; (ii) from August 11, 1969,

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8896 . RULES AND REGULATIONS through August 24, 1969, unless the in- Service vith appropriate evidence (3) The commodity inspected; dividual fruit in each lot of such avocados thereof in the form of an official inspec- (4) The quantity of the commodity weighs at least 14 ounces or measures at tion certificate, issued by the respective covered by the certificate; least 31o6 inches in diameter; and Ci) service, ap] licable to the particular ship- .(5) The principal identifying marks from August 25, 1969, through Septem- ment of aN¢ocados, is required on all im- on the container; ber 7, 1969, unless the individual fruit ports of a vocados. Such inspection and (6) The railroad car initials and num- in each lot of such avocados weighs at certification services will be available ber, the truck and the trailer license least 12 ounces or measures at least 37/16 upon application in accordance with the number, the name of the vessel, or other inches in diameter. -- rules and regulations governing inspec- identification of the shipments; and (5) Avocados of any variety other tion and certification of fresh fruits, (7) The following statement, if the than Pollock, Catalina, and Trapp varie- vegetables, and other products (7 CFR facts warrahit: Meets U.S. import re- ties, of the West Indian type including Part 51) 1but, since inspectors are not quirements under section 8e of the Agri- unidentified West Indian varieties, and located in the immediate vicinity of cultural Marketing Agreement Act of West Indian varieties not listed elsewhere some of th e small ports of entry, such as 1937, as amended. , in this regulation, shall not be imported those in siouthern California, importers (f) Notwithstanding any other provi- (i)prior to July 7, 1969; (ii) from July 7, of avocado)s should make arrangements sions of this regulation, any importation 1969, through July 13, 1969, unless the for inspection, through the applicable of avocados which, in the aggregate, does individual fruit in each lot of such avoca- one of the following offices, at least the not exceed 55 pounds may be imported dos weights at least 18 ounces; (iii) from specified lumber of days prior to the without regard to the restrictions spec- July 14, 1969, through August 3, 1969, tinie wh en the avocados will be ified herein. unless the individual fruit in each lot imported: (g) It is hereby determined, on the of such avocados weighs, at least 16 basis of the information currently avail- ounces; (iv) from August 4,.1969, through Ports Office Advance able, that the maturity requirements set August 31, 1969, unless the individual notice forth in this regulation are comparable fruit in each lot of such avocados weighs to the maturity regulations applicable, at least 14 ounces; and (v) from Sep- AllTexaspoin ts. L. M. Denbo, 506 South 1 day. during the effective time hereof, to Nebraska St., San Juan, tember 1, 1969, through September 21, Tex. shipments of avocados grown in south 1969, unless the individual fruit in each - or Florida. (h) No provisions of this section shall lot of such avocados weighs at least 12 James L. Williams, Room Do. ounces: Provided, That any lot of such 516 U.S. Courthouse, El supersede the restrictions or prohibitions avocados may be imported without re- Paso, Tex. 79901 on avocados under the Plant Quarantine (Phone-915-533-0351, gard to the minimum weight require- Ext. 6340). Act of 1912. ments of this paragraph if such avocados, All New York Edward 3. Beller, Hunt's Do. (i) Nothing contained in this section Point Market, Room when mature, normally change color to points. 28A, Bronx, N.Y. 10474 shall be deemed to preclude any importer any shade of red or purple and any por- (Phone--212-991-7665 from reconditioning, .prior to importation of the skin of the individual fruit and 766). tion, any shipment of avocados for the to the color normal for All Arizna B. 0. Morgan, 225 Terrace Do. purpose of making it -eligible for has changed mature. Ave., Post Office Box that fruit when 1646, Nogales, Ariz. importation. 85612 (Phone--602-287- (6) Avocados of any variety of the 2902). (j) The terms relating to grade and Guatemalan type, including hybrid type All Florida Hubert S. Flynt, 775 Do. diameter, as used herein, shall have the Warner St., Post Office seedlings, unidentified Guatemalan and points. Box 66097,Orlando, Fla. same meaning as when used in the U.S. hybrid varieties, and Guatemalan and 32803 (Phone-305-841- Standards for Florida Avocados C7 CFR 2141). means re- hybrid varieties not listed elsewhere in or 51.3050-51.3069) .jimportation the regulation shall not be imported (i) lease from custody of the U.S. Bureau of prior to September 22, 1969; (ii) from Lloyd W. Boney, 1350 Do. Customs. Northwest 12th Ave., September 22, 1969, through October 19, Room 538, Miami, Fla. It is hereby found that it is impracti- unless the individual fruit-in each 33136 (Phone-305-371- 1969, 2517). A cable, unnecessary, and contrary to the lot of such avocados weighs at least 15 D. P. Thompson, 784 3 days.- ounces; and (iii)from October 20, 1969, All California public interest t6 give preliminary notice, ounce; frompoints.and the in- South Central Ave., procedure, December 21, 1969, unless Room 294, Los Angeles, engage in public rule-making through Calif. 90021 (Phone-- and postpone the effective time of this dividual fruit in each lot of such avocados' 213-622-8756). regulation beyond that hereinafter spec- weighs at least 13 ounces. All other boin.ts. D. S. Matheson Fruit and Do. Vegetable Division, ified. (5 U.S.C. 553) in that (a) the re- (7) Notwithstanding the provisions of Consumer and Market- quirements of this import regulation are subparagraphs (2) through (6) of this ing Service, Washington, D.C. 20250 (Phone-- imposed pursuant to section 8e of the paragraph regarding the minimum 202-388-5870 and 4560). Agricultural Marketing Agreement Act weight or diameter for individual fruit, of 1937, as amended C7 U.S.C. 601-674), not to exceed 10 percent, by count, of the such regulation manda- individual fruit contained in each lot (c) Ins]pectlon certificates shall cover which makes quantity of avocados that is tory; (b) such regulation imposes the may weigh less than the minimum speci- only the re- fled weight and be less than the minimum, being imp'orted at a particular port of same grade and comparablematurity entry by a particular importer. quirements on imports of avocados as are specified diameter: Provided, That-such applicable to the shipment avocados weigh not over 2 ounces less (d) Thie inspection performed, and being made s issued, by the Federal or of avocados grown in Florida under Avo- than the applicable specified weight for certificate cado Regulation 11 which becomes effec- the particular variety specified in such Federal-S tate Inspection Service shall be ance with the rules and regu- tive June 9, 1969; (c) such domestic and subparagraphs. Such tolerances shall be in accord effec- on a lot basis, but not to exceed double lations of the Department governing the import restrictions should become for an inspection * and certification of fresh tive at as near the same time as is rea- such tolerances shall be permitted sonably practicable; (d) compliance individual container in a lot. . fruits, vegetables, and other products (7 (b) The Federal or Federal-State In- CFR Part 51). The cost of any inspec- with this import regulation will not re- spection Service, Fruit and Vegetable tion and certification shall be borne by quire any special preparation whichocan- Division, Consumer and Marketing the appli(cant therefor. not be completed by the effective time Service, U.S. Department of Agriculture, (e) Eac,h inspection certificate issued hereof; (e) notice hereof in excess of 3 is hereby designated as the govern- with resp ect to any avocados to be ir- days, the minimum prescribed by said mental inspection service for the purpose ported inibo the United States shall set ong other things: section 8e, is given with respect to this of .certifying the grade, size, quality, and forth, am notice is maturity of avocados that are imported (1) Th e date and place of inspection; import regulation; and (f) such into the United States. Inspection by the (2) Th e name of the shipper, or ap- hereby determined, under the circum- Federal or Federal-State Inspection plicant; stances, to be reasonable.

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 RULES AND REGULATIONS 8897

Dated: May 29, 1969, to become effec- Yields, and Wheat Certificate Program § 1421.2119 Support rates, premiums tive June 9,1969. for the Crop Years 1968 Through 1969 and discounts. FLOYD F. HEDLUND, issued as separate regulations under Part (a) Basic support rates (terminals). Director, Fruit and Vegetable 728 of this Title 7 (see. 33 FR. 6508, Basic support rates for loans and settle- Division, Consumer and Mar- Apr. 30, 1968 and amendments thereto). ment purposes for grade No. 1 wheat Service. keting § 1421.2117 Warehouse charges stored in approved warehouses at the [F.R. Doc. 69-6579; Filed, June 8, 1969; terminal markets listed below are as Subject to the provisions 8:49 anm.] of § 1421..2107, follows: the schedules of deductions set forth in Rate per this section shall apply to wheat stored Terminal market bushel Chapter XIV-Commodity Credit Cor- in an approved warehouse operating un- Astoria, Oreg ------$1.45 poration, Department of Agriculture der the Uniform Grain Storage Agree- Portland, Oreg------1.45 ment and operated by an Eastern com- Kalama, Wash ------1.45 SUBCHAPTER B-LOANS, PURCHASES, AND mon carrier. Longview, Wash ...------1.45 OPERATIONS Seattle, Wash ------1.45 OTHER (a) Warehouses approved under the [CCC Grain Price Support Regulations, Tacoma, Wash ------1.45 Uniform Grain Storage Agreement, Vancouver, Wash ...... _ 1969 Crop Wheat Supp.] 1.45 SCHEDULE OF DEDucTiOs FOR STORAGE CHARGES BY Long Beach, Calif------1.54 PART 1421-GRAINS AND SIMILARLY MATURITY DATES Los Angeles, Calif------1.54 Oakland, Calif ------1.54 HANDLED COMMODITIES Maturity date of Deduction Maturity date of San Francisco, Calif ------1.54 Apr. 30, 1970 (cents per May 31, 1970 Stockton, Calif ------1.54 Subpart-1969 Crop Wheat Loan bushel) Wilmington, Calif ------1.54 and Purchase Program Louisville, Ky ------1.45 (------0). Memphis, Tenn ------1.45 The General Regulations Governing Prior to May 16,1969_ 13 Prior to Tune 16,1969. Atchison, Kans ------1.45 Price Support for the 1964 and Subse- May 16-June 12,1969. 12 June 16-July 13,1969. June 13-July 10, 1969. 11 July 14-Aug. 10, 1969. Council Bluffs, Iowa ------1.45 quent Crops (Revision 1) (31 F.R. 5941) July 11-Aug. 7, 1969-. 10 Aug. 11-Sept. 7, 1969. Kansas City, Hans ------1.45 and any amendments thereto and the Aug. 8-Sept. 4, 1969.. 9 Sept. 8-Oct. 5, 1969. Kansas City, Mo ------Sept. 5-Oct. 2, 1969...- 8 Oct. 6-Nov 2,1969 1.45 1968 and Subsequent Crops Wheat Loan Oct. 3-Oct. 30, 1969.._ 7 Nov. 3-Nov. 0, 1969. St. Joseph, Mo------1.45 Oct. 31-Nov. 27, 1969- 6 Dec. 1-Dec. 28, 1969. Omaha, Nebr ------1.45 and Purchase Program regulations (33 Nov. 25-Dec. 25, 1969. 5 Dec. 29,1969-Jan. 25, P.R. 7069 and 14399) which contain regu- - "1970. Sioux City, Iowa ------1.45 ,Cairo, 11- lations of a general nature with respect Dec. 26, 1969-Jan. 22, 4 Tan. 26-Feb. ------1. 22, 1970. Chicago, Ill ------1.46 to price support 1970. operations are further Jan. 23-Feb. 19, 1970- 3 Feb. 23-Mar. 22, 1970. East St. Louis, W ------1.46 supplemented for the 1969 crop of wheat Feb. 20-Mar. 19, 1970. 2 Mar. 23rApr. 19, 1970. Milwaukee, Wis ------1.46 as follows: Mar. 20-Apr. 30, 1970 1 Apr. 20-May 31, 1970. St. LOuis, MO ------...... ------1.46 Sec. Duluth, Minn ------1.57 1421.2115 Availability. I Date storage charges start, all dates inclusive. Minneapolis, Mnn ..------.57 St. Paul, 1421.2116 Compliance requirements. (b) Warehouses operated by Eastern Minn------1.57 1421.2117 Warehouse charges. Superior, Wis ------1.57 common carriers. (1) Eligible wheat Albany, N.Y ------1.60 1421.2118 Maturity of loans. stored in -thefollowing approved Eastern 1421.2119 Support rates, premiums, and Baltimore, Md ------1.60. discounts. common carrier warehouse may be placed Charleston, S.C ...... 1.60 under loan or offered for sale to CCC: Norfolk, Va ------1.60 -AuToRrr: The provisions of this sub- Pennsylvania Railroad Co., Canton Ele- Philadelphia, Pa------1.60 part Issued under sec. 4, 62 Sta. 1070, as vator-Warehouse Code 9-2151, Balti- New York, N.Y ------1.60 amended; 15 U.S.C. 714b. Interpret or apply Corpus Christi, Te ..------1.70 sec. 5, 62 Stat. 1072, sees. 107, 401, 63 Stat. more, Md. Galveston, Tex ------1.70 1051, 1054; 15 U.S.C. 714c, 7 U.S.C. 1441, 1421. (2) ;Schedule of deductions for storage Houston, Tex_------1.70 charges. Tex 1.70 § 1421.2115 Availability. Beaumont, ------Deduction - Port Arthur, 'Tex ..------. 70 A producer desiring a price support (cents per New Orleans, La ------1.70 loan must request a loan on his eligible- Maturity date of Apr. 30, 1970 bushel) Baton Rouge, La ------.. --- 1.70 ------wheat on or before April 30, 1970, on (1) () (b) Basic support Prior to June 25, 1969 ------16 rates (counties). wheat stored in Idaho, Minnesota, Mon- Basic county support rates per bushel for tana, North Dakota, Oregon, June 25-July 14, 1969 ------15 Washing- July 15-Aug. 3, 1969------14 loan and settlement-purposes for farm- ton, and Wyoming, and on or before Aug. 4-Aug. 23, 1969------13 stored and' country March 31 1970, on wheat stored in all warehouse-stored Aug. 24-Sept. 12, 1969 ------12 wheat are established other States. To obtain price support Sept. 13-Oct. 2, 1969 ------11 for wheat grading through sales, a producer must execute Oct. 3-Oct. 22, 1969 ------10 No. 1 and are as follows: and deliver to the appropriate county Oct. 23-Nov. 11, 1969 ------9 ALw ASCS office a Purchase Agreement (Form Nov. 12-Dec. 1, 1969 ------8 Rate per CCC-614), indicating the approximate Dec. 2-Dec. 21, 1969 ------7 County bushel quantity of 1969 Dec. 22, 1969-Jan. 10, 1970 ..------6 All counties__------$1.30 crop wheat he will sell. Jan. 11-Jan. 30, 1970 ------5 to CCC, on or before May .31, 1970, for Jan. 31-Feb. 19, 1970 ------4 ARIZONA wheat stored in the States named in this Feb. 20-Mar. 11, 1970 ------3 Rate per Rate per section and on or before April 30, 1970, Mar. 12-Mar. 31, 1970 ------2 county bushel County bushel for wheat stored in all other States. To Apr. 1-Apr. 30, 1970 ------1 Apache ----- $0.93 M~ohave-...$1.15 obtain a price support loan on his wheat 'Storage commence date, all dates inclu- Cbchise --- 1.25 Navajo ------. 93 or to sell his wheat to CCC, a producer sive. Coconino --- .93 Pima ------1.28 must execute a Form CCC-680, 1969 Crop 2If producer presents evidence that eleva- Gila ------. 93 Pinal ------1.31 Wheat Varieties Certiflicaion. tion charges were prepaid, reduce storage de- Graham -- 1.15 Santa Cruz_--_ 1.26 duction 2 cents per bushel. Greenlee ____ . 93 Yavapa..------.99 § 1421.2116 Compliance requirements. Maricopa ..--- 1.31 Yuma ------1.33 § 1421.2118 Maturity of loans. A Producer shall be eligible for a loan AxAxsAs or purchase if he is eligible to receive Loans mature on demand but not later Arkansas ---- $1.37 Carroll ---- $1.20 wheat marketing certificates on wheat than: May 31, 1970, on wheat stored in of Ashley ------1.35 Chlcot ---- ..- 1.36 the 1969 crop on the farm on which the the States of Idaho, Minnesota, Mon- Baxter ------1.25 Clark ------1.32 wheat tendered for loan or purchase is tana, North Dakota, Oregon, Washing- Benton ------1.20 Clay ------1.37 Boone -. produced under the Regulations Per- ton, and Wyoming; April 30, 1970, on ------1.23 Cleburne 1.37 Bradley --- 1.34 Cleveland 1.1 36 taining to Farm Acreage Allotments, wheat stored in all other States. Calhoun - .33 Columbia - 1.36

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8898 RULES AND REGULATIONS

Alr.AsAs--Continued CoLo.A-o-Continued ILLiNos-Continued Rate per Rate per Rate per . Rate per Rate per Rate per county 'bushel County bushel County bushel County bushel County bushel County bushel Conway ---- $1.34 Miller ------$1.36 Rio Blanco___ $ .93 Summit ---- $ .92 Perry ------$1.32 Stark ------$1.29 Craighead --- 1.39 Mississippi -- 1.40 Rio Grande ... . 92 Teller ------1.10 Platt ------1.27 Stephenson -- 1.31 Crawford .... 1.21 Monroe ----- 1.39 Routt ------.94 Washington -- 1.10 Pike ------1.26 Tazewell i .... 1.26 Crittenden -- 1.42 Montgomery - 1.25 Saguache ... .92 Weld ...... - 1.10 Pope ------1.21 Union ------1.29 Cross ------1.41 Nevada ------1.34 San Miguel.... .91 tuma ------1.12 Pulaski ------1.27 Vermilion --- 1.28 Dallas ------1.32 Newton ----- 1.23 Sedgwick ---- 1.13 Putnam --- 1.28 Wabash --- 1.24 ---- Desh ------1.37 Ouachita 1. 34 CONN'ECTICUT Randolph 1.31 Warren ---- 1.28 Richland ---- 1.26 Washington -- 1.31 Drew ------1.35 Perry ------1. 26 Rate per Faulkner -....1.35 Phillips --- 1.39 Rock Island_- 1.29 Wayne ------1.26 County bushel St. Clair .- 1.30 White ------1.23 Franklin .... 1.22 Pike ------1.26 All counties ------$1.41 Fulton ------1.31 Poinsett --- 1.41 Saline ------1.20 Whiteside --- 1.31 Garland --- 1.29 Polk ------1.25 DELAWARE Sangamon --- 1.28 Will ------1.32 Grant ------1.31 Pope ------1.25 Schuyler --- 1.26 Williamson __ 1.29 Kent ------$1.41 Scott ------1.30 Winnebago __ 1.31 Greene ------1.38 Prairie ------1.38 New Castle------1.41 Shelby ------1.29 Woodford .... 1.28 Hempstead -- 1.35 Pulaski ----- 1.36 Sussex ------1.40 Hot Spring... 1.30 Randolph --- 1.38 INDIANA Howard ------1.27 St. Francis__-. 1.41 FLORIDA Adams ---- $1.18 Madiso ------$1.19 Independence- 1.33 Saline ------1.30 All counties ------$1.32 Izard ------1.27 Scott ------1.25 Allen ------1.19 Marion ------1.20 Jackson --- 1.37 Searcy ------1.25 GEORGIA Bartholomew - 1.24 Marshall .... 1.29 Benton ------1.25 Martin ------1.17 Jefferson .... 1.36 Sebastian --- 1. 24 All counties ------$1.32 Johnson -- 1.25 Sevier ------1.27 Blackford __- 1.20 , Miami ------1.23 Lafayette ... 1.36 Sharp ------1.31 IDAHO Boone ------1.19 Monroe ------1.26 Lawrence .... 1.38 Stone ------1.29 Brown ------1.20 Montgomery - 1.19 Rate per Rate per Lee ------1.40 Union ------1. 36 Carroll ------1.24 Morgan ---- 1.17 Lincoln ----- 1. 35 Van Buren... 1.34 County bushel County bushel Cass ------1.24 Newton ---- 1.31 $1.15 Little River .. 1.35 Wsshington - 1.21 Ada ------Gem ------$1.15 Clark ------1.28 Noble ------1.18 --- Logan ------1.21 White ------1.38 Adams ------1.15 Gooding 1.17 Clay ------1.22 Ohio ------1.20 --- Lonoke ...... 1.37 Woodruff -.. 1. 39 Bannock 1.16 'Idaho ------1.22 Clinton -- 1.22 Orange ------1.27 Madison .. 1.21 Yell ------1.25 Bear Lake .... 1.13 Jefferson .... 1.13 Crawford ---- 1.28 Owen ------1.17 Marion ------1.25 Benewah ---- 1.24 Jerome ------1.18 Daviess ------1.16 Parke ------1.19 Bingham ---- 1.14 Kootenai ---- 1.23 Dearborn ---- 1.20 Perry ------1.28 CALIFORNIA Blaine ------1.16 Latah ------1.24 Delaware ---- 1.18 Pike ------1.22 Boise - -- 1.15 Lemh ------1.13 Dubois ------1.28 Porter ------1.31 Alameda .... $1.40 Plumas .... $1.28 Alpine ------1.28 Riverside .... 1.35 Bonner ----- 1.19 Lewis ------1.22 Elkhart --- 1.24 Posey ------1.23 Bonneville --- 1.13 Lincoln -- 1.18 Fayette ------1.20 Pulaski ---- 1.31 Amador --- 1.40 Sacramento - 1.39 Boundary .... 1.16 Madison --- 1.12 Floyd ------1.28 Putnam --- 1.19 Butte ------1.37 San Benito--- 1.37 Butte ------1.14 Minldoka -....1.18 Fountain ._ 1.18 Randolph ---- 1.18 Calaveres -- 1.40 San Camas ------1.15 Ne. Perce .... 1.24 Franklin ---- 1.20 Ripley ------1.21 Colusa ------1.38 Bernardino 1.37 Canyon ------1.15. Oneida ------1.17 Fulton ------1.29 Rush ------1.20 Contra Costa. 1.40 San Diego.... 1.33 Caribou --- 1.15 Owyhee ------1.15 Gibson ------1.24 St. Joseph -.... 1.29 El Dorado --- 1.36 San Joaquln-_ 1.42 Cassia ------1.18 Payette ------1.15 Grant ------1.19 Scott ------1.25 Fresno ...... 1.38 San Luis Clark ------1.11 Power ------1.16 Greene ------1.17 Shelby ------1.20 Glenn ------1.37 Obispo .... 1.34 Clearwater --- 1.22 Shoshone ---- 1.08 Hamilton ---- 1.19 Spencer --- 1.28 Humboldt --- 1.22 San Mateo___- 1.40 Custer ------1.14 Teton ------1.10 Hancock --- 1.20 Starke ------1.30 Imperial -....1.35 Santa Elmore ------1.15 Twin Falls_-.. 1.20 Harrison --- 1.28 Steuben ---- 1.19 Inyo ------.22 Barbaro --- 1.33 Franklin --- 1.17 Valley ------1.14 Hendricks --- 1.20 Sullivan --- 1.23 Kern ------1.36 Santa Clara - 1.39 F'remont -....1.11 Washington - 1.15 Henry ------1.20 Switzerland _ 1.21 Kings ...... 1.38 Santa Cruz_--_ 1.36 Howard ------1.21 Tippecanoe 1.22 Lake ------1.34 Shasta ------1.26 ILLINOIS Huntington -- 1.18 Tipton ------1.19 Lassen ------1.20 Sierra ------1.19 Adams ---- $1.26 Jackson --- 1.24 Union ------1.20 Los Angeles .. 1.38 Sskiyou ... 1.26 Henry ------$1.28 Alexander --- 1.28 Iroquois --- 1.30 Jasper ------1.29 Vanderburgh - 1.28 Madera ...... 1.40 Solano ------1.39 Bond ------1..31 Jackson --- 1.30 Jay ------1.18 Vermillion -z- 1.29 Marn .------1.40 Sonoma --- 1.38 Jefferson ---- 1.22 Vigo ------1.29 Ma iposa .... 1.40 Stanislaus --- 1.41 Boone ------1.32 Jasper ------1.28 Brown ------1.26 Jefferson ---- 1.31 Jennings ---- 1.22 Wabash --- 1.21 Mendocino - 1.29 Sutter . -----.1.38- Bureau ------1.31 Jersey ------1.32 Johnson --- 1.21 Warren ------1.24 Merced ------1.40 Tehama --- 1.32 Knox ------1.20 Warrick --- 1.27 Modoc ------1.25 Tulare ...... 1.37 Calhoun --- 1.31 Jo Daviess____- 1.28 --- Kosciusko --- 1.23 Washington - 1.26 Monterey .... 1.36 Tuolumne --- 1.40 Carroll ------1.29 Johnson 1.19 Cass ------1.23 Kane ------1.32 Lawrence ---- 1.24 Wayne ------1.20 Napa ------1.39 Ventura .... 1.38 Lake ------1.31 Wells ------.17 Orange ...... 1.38 Yolo ...... 1.39 Champaign -- 1.28 Kankakee .... 1.31 Christian --- 1.28 Kendall --- 1.32- La Porte -- 1. 0 White ------1.30 Placer ------1.38 Yuba ------1.38 Clark ------1.25 Knox ------1.28 Lawrence .... 1.24 Whitley --- 1.20 COLORADO Clay ------1.22 Lake ------1.31 IowA Clinton ------1,29 La Salle --- 1.31 Adams -- $1.10 Grand ...... $ .94 Coles ------1.26 Lawrence ---- 1.20 Adair ------$1.27 Clinton ---- $$1.25 Alamosa ------. 94 Huerfano ---- 1.05 Cook ------1.32 Lee ------1.31, Adams ------1.31 Crawford ---- 1.28 Arapahoe .... 1.10 Jackson ----- .96 Crawford .... 1.25 Livingston --- 1.30 Allamakee --- 1.31 Dallas ------1.28 Archuleta -__ .93 Jefferson .... 1.10 Cumberland - 1.28 Logan ------1.26 Appanoose --- 1.23 Davis ------1. 23 Baca ------1. 13 Kiowa ...... 1. 12 De Kalb_-----.1.32 McDonough -- 1.24 Audubon ---- 1.25 Decatur --- 1.25 Bent ------1. 11 Kit Carson... 1. 13 De Witt---- 1.26 McHenry ---- 1.32 Benton --- 1.29 Delaware ---- 1.29 Boulder --- 1.10 La Plata ------.93 Douglas --- 1.26 McLean --- 1.27 Black Hawk-- 1.30 Des Moines__-- 1.24 Chaffee ------. 92 Larimer ... 1.10 Du Page-.:- 1.32 Macon ------1.28 Boone ------1.28 Dickinson --- 1.31 Cheyenne .... 1.13 Las Animas__-- 1.10 Edgar ------1.23 Macoupin ---- 1.32 Bremer ------1.31 Dubuque ---- 1.28 Conejos .92 Lincoln ------1.10 Edwards --- 1.27 Madison --- 1.32 Buchanan --- 1.29 Emmet ------1.33 Costilla ----- .94 Logan ------. 11 Effingham --- 1.28 Marion ------1.31 Buena Vista. 1.30 Fayette ------1.30 Crowley --- 1.10 Mesa ------. 92 Fayette - 131 Marshall ---- 1.30 Butler ------1.31 Floyd ------1.32 Custer ------1.01 Moffat ...... 94 Ford ------1.29 Mason ------1.25 Calhoun --- 1.29 Franklin ... 1.31 Delta ------. 91 Montezuma -- .93 Franklin ---- 1.30 Massac ------1.23 Carroll ------1.28 Fremont ---- 1.31 Denver ------L 10 Montrose ... .91 Fulton ------1.28' Menard ---- 1.25 Cass ------1.27 Greene ------1.28 Dolores ------. 93 Morgan ------1.10 Gallatin --- 1.20 Mercer ------1.28 Cedar ------1.28 Grundy --- 1.30 Douglas 1. 10 Otero ...... 1. 10 Greene ------1.32 - Monroe ------1.31 Cerro Gordo-- 1.32 Guthrie --- 1. 28 Eagle ...... 92 Ouray ------. 91 Grundy --- 1.32 Montgomery - 1.32 Cherokee --- 1.28 Hamilton .... 1.30 Elbert ------1.10 Phillips -- 1.13 Hamilton 1.27 Morgan ---- 1.28 Chickasaw 1.31 Hancock ---- 1.32 El Paso-- 1.10 Pltkln ------. 92 Hancock --- 1.24 Moultrie ---- 1.27 Clarke 1.27 Hardin ------1.30 Fremont --- 1.04 Prowers -- . 13 Hardin ------1.17 Ogle ------1. 31 Clay ----- 1.31 Harrison --- 1.27 Garfield -- .92 Pueblo ---- 1.10 Henderson --- 1.27 Peoria ------1.28 Clayton -- 1.29 Henry ------1. 24.

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 RULES AND REGULATIONS 8899

IowA--Continued KENTUCXY MIcHAN Rate per Rate per Rate per Rate per Rate per Rate per County bushel County bushel County bushel- County bushel County bushel County bushel Howard ---- $1.32 Page ------$1.31 Adair ------$1.28- Kenton ---- $1.28 Alcona ------$1.10 Keweenaw --- $1.24 Humboldt --- 1.30 Palo Alto --- 1.31 Allen ------1,27 Knox ------1.28 Agler_ ...... 1.21 Lake ------1.14 Ida ------1.27 Plymouth --- 1.31 Anderson ---- 1.29 Larue ------1.28 Allegan ------1.16 Lapeer ------1. 15 Iowa ------1.28 Pocahontas -- 1.30 Ballard ------1.25 Laurel ------1.29 Alpena ------1.09 Leelanau ---- 1.12 Jackson 1.26 Polk ------1.28 Barren ------1.27 Lawrence ___- 1. 29' Antrim ------1.11 Lenawe - 1.20 Jasper ------1.28 Pottawat- Bath ------1.29 Lee ------1.29 Arenac ------1.12 Livingston --- 1.16 Jefferson ---- 1.24 tamie --- 1.29 Bell ------1.28 Lewis ------1.30 Baraga ------1.27 Luce ------. 06 Johnson --- 1.28 Poweshiek --- 1.28 Boone ------1.28 Lincoln --- 1.30 Barry _-----..-1.16 Mackinac ---- 1.05 Jones ------1.29 Ringgold ---- 1. 26 Bourbon --- 1.30 Livingston 1-:. 25 Bay ------1.13 Macomb --- 1.19 Keokuk --- 1.25 Sac ------1. 29 Boyd ------1.30 Logan ------. 26 Benzie ------1.14 Mainstee ---- 1.14 Kossuth --- 1.32 Scott ------1.25 Boyle ------1.30 Lyon ------1.26 Berrien ------1.27 Marquette --- 1.23 Lee ------1.23 Shelby ------1.26 Bracken --- 1.29 McCracken -- 1.25 Branch ------1.20 Mason ------1.14 ------Linn ------1.29 Sioux ------1.32 Breathitt ---- 1.28 McCreary ---- 1.28 Calhoun 1.21 Mecosta 1.14 Louisa ------1.25 Story ------1.29 Breckenridge - 1.26 McLean --- 1.25 Cas ------1.21 Menominee -- 1.21 Lucas ------1.24 Tama ------1.29 Bullitt ------1.28 MadIson --- 1.30 Charleviox --- 1.10 Midland --- 1.14 Lyon ------1.30 Taylor ------1.28 Butler ------1.26 Magoffin -- 1.28 Cheboyan .... i. 09 Missaukee --- 1.14 Madison ---- 1.26 Union ------1.30 Caldwell - 1---f. 26 Marlon ------1.29 Chippewa ... 1.06 Monroe ------1.20 Mahaska ---- 1.26 Van Buren___- 1.23 Calloway ---- 1.25 Marshall ---- 1.25 Clare ------1.14 Moncalm 1--1.14 Marion ------1.26 Wapello --- 1.24 Campbell ---- 1.28 Mason ------1.29 Clinton ------1.15 Monmorency 1.10 ------Marshall ---- 1.29 Warren-- 1.27 Carlisle ---- 1.25 Meade ------1.26 Crawford 1.11 Muskegon 1.15 1---. Mills ------1.31 Washington -1.25 Carroll ------1.28 Menifee - 1.28 Delta ------1.21 Newaygo - 14 --- 1.22 --- Mitchell --- 1.33 Wayne ------1.23 Carter ------1.29 Mercer ------1.30 Dickinson Oakland 1.17 Monona --- 1. 28 Webster --- 1.30 Casey ------1.29 Metcalfe --- 1.27 Eaton ------1.16 Oceana ------1. 14 --- Monroe --- 1.24 Winnebago 1.33 Christian ... 1.26. Monroe ------1.28 Emmet ------1.09 Ogemaw 1.12 --- 1.15 Montgomery - 1.31 Winneshiek 1.31 Clark ------1.30 Mongtomery - 1.29 Genesee Ontonagon -- 1.22 --- 1.13 Muscatine --- 1.27 Woodbury --- 1.28 Clay ------1.28 Morgan --- 1.28 Gladwin Osceola ------1.14 Gogebie - 1.30 Oscoda ------1.11 O'Brien --- 1.30 Worth ------1.33 Clinton --- 1.29 Muhlenberg - 1.26 Grand Otsego ------1.10 Osceola - 1.31 Wright ------1.31 Crittenden -- 1.25 Nelson ------1.29 Cumberland- 1.28 Nicholas ---- 1.29 Traverse --- 1.12 Ottawa ------1.16 KANSAS Daviess ------1.25 Ohio ------1.26 Gratiot ------1. 15 Presque Isle __ 1.08 Edmonson --- 1.26 Oldham --- 1.28 Hillsdale ---- 1.20 Roscommon 11. 13 Allen ------$1.28 Linn ------$1. 31 Elliott ------1.29 Owen ------1.29 Houghton --- 1.24 Saginaw --- 1.15 Anderson ---- 1.30 Logan ------. I 17 Estill ------1.29 Owsley ------1.28 Huron ------1.15 St. Clair - 1---.18 Atchinson --- 1.31 Lyon ------1.27 Fayette 1.30 Pendleton --- 1.29 Ingham - 1.16 St. Joseph --- 1.20 Barber ------1.22 McPherson -- 1.22 Fleming --- 1.29 Powell ------1.29 Ionia ------1.15 Sanilac ------1.15 Barton ------1.20 Marion ------1.23 Franklin ---- 1.29 Pulaski --- 1.30 Iosco ------1. 11 Sclioolcraft -_ 1.21 Bourbon ---- 1.29 Marshall .- 1.27 Fulton ------1.25 Robertson --- 1.29 Iron ------1.22 Shiawassee __ 1.15 Brown ------1.31 Meade ------1.16 ------Isabella --- 1.14 Tuscola- 1. 15 Butler ------1.23 Gallatin 1.28 Rockcastle 1.30 Miami ------1.31 --- Jackson --- 1.21 Van Buren --- 1.18 Chase ------1.25 Mitchell --- 1.23 Garrard 1.30 Rowan ------1.30 Grant ------1.29 Russell ------1.28 Kalamazoo --- 1.20 Wasgtenaw -- 1.18 Chautauqua - 1. 25 Montgomery - 1.27 Graves ------1.25 Scott I. 29 Kalkaska ---- 1.12 Wayne ------1.1"8 Cherokee ---- 1.27 Morris ------. I 25 Grayson --- 1.27 Shelby ------1.28 Kent ------1.15 Wexford --- 1.14 Cheyenne --- 1.15 Morton ------1.20 Green ------1.29 Simpson --- 1--- 1.27 Clark ------1.17 Nemaha - . 28 Greenup --- 1.30 Spencer ----- 1.28 MINNESOTA Clay ------1.24 Neosho ------1.28 Hancock --- 1.26 Taylor ------1.29 Aitkin ----___ ---- Cloud ------1.24 Ness ------1.20 $1.44 Lincoln $1.38 Hardin ------1.27 Todd ------1.26 Anoka ------Coffey ------1.28 Norton ------1.20 1.43 Lyon ------1.40 Harrison ---- 1.29 Trigg ------1.26 Becker ------1.37 McLeod ---- Comanche --- 1.19 Osage ------1.28 1.43 Hart ------1.27 Trimble --- 1.28 Beltrami ---- 1.39 Mahnomen -- 1.36 Cowley ------1.25 Osborne --- 1.22 Henderson --- 1.25 Union ------1.25 Benton ------1.43 Marshall --- Crawford ---- 1.28 Ottawa ------1.23 1.33 Henry ------1.28 Warren ------1.26 Big Stone.... 1.39 Martin ------Decatur --- 1.19 Pawnee --- 1.20 1.41 Hickman ---- 1.25 Washington - 1.30 Blue Earth... 1.43 Meeker Dickinson --- 1.23 Phillips --- 1.20 ------1.43 Hopkins --- 1.26 Wayne ----- 1.29 Brown ------1.43 Doniphan --- 1.31 Pottawa- Mille Lacs.... 1.43 Jackson --- 1.28 Webster --- - 1.25 ------Carlton 1.44 Morrison ---- 1.42 Douglas 1.31 ' tomie 1.28 Jefferson ---- 1.28 Whitley ------1.28 Carver ------1.43 Mower ------1.43 Edwards 1. 20 Pratt ------1.20 Jessamine --- 1.30 Wolfe ------1.28 Elk ------1.25 Rawlins --- 1.16 Cass ------1.41 Murry ------1.39 Johnson --- 1.28 Woodford ---- 1.30 Ellis ------1.20 Reno ------1.22 Chippewa -... 1.42 Nicollet ----- 1.43 Chisago --- 1.43 Nobles ------Ellsworth --- 1.22 Republic --- 1. 24 1.36 LOUISIANA Clay ------1.35 Norman --- Finney ------1.16 Rice ------1.22 1.34 Rate per Clearwater --- 1.38 Olmstead ---- 1.43 Ford ------1.19 Riley ------1.27 County bushel Cottonwood -- 1.41 Otter Tail .... 1.39 Franklin ---- 1.31 Rooks ------1.21 All counties ------$1.35 Crow Wing_-_ 1.43 Pennington -- 1.34 Geary ------1.25 Rush ------1.20 Dakota ------1.43 Pine ------1.43 Gove ------1.19 Russell ------1.21 MAINE Dodge ------1.43 Pipestone ---- 1.36 Graham --- 1.20 Saline ------1.23 X&U Douglas --- 1.41 Polk ------Grant ------Ui l e ...... -- _ $1.32 1.35 1.15 Scott ------1.17 Faribault ---- 1.42 Pope ------1.41 Gray ------1.17 Sedgwick ---- 1.23 MARYLAD Fillmore --- 1.40 Ramsey ---- 1.43 Greeley - 1.15 Seward ------1.21 Freeborn ---- 1.43 Red Lake --- 1.36 Greenwood -- 1.26 Shawnee ---- 1.29 Rate per Rate per Goodhue ---- 1.43 Redwood ---- 1.42 Hamilton ---- 1.15 Sheridan ---- County bushel County bushel 1.19 Grant ...-.. 1.39 Renville --- 1.43 Harper ------Allegany --- $1.31 Howard ---- $1.44 1.23- Sherman 1.15 Hennepin _ 1---1. 43 Rice ------1.43' Harvey ------1.23 Smith ------1 22 Anne Arundel- 1.40 Kent ------1.41 Baltimore --- 1.40 Montgomery 1.39 Houston --- 1.38 Rock ------1.34 Haskell ---- 1.16 Stafford --- 1.20 Hubbard ---- 1.38 Roseau ------1.31 Hodgeman --- -- Calvert ------1.39 Prince 1.20 Stanton 1. 14 Isanti ------1.43 St. Louis --- 1.37 Jackson --- 1.30 Stevens --- 1.17 Caroline --- 1.41 Georges ---- 1.39 Carroll ------1.40 Queen Annes_ 1.41 Itasca ------1.44 Scott ------1.43 Jefferson ---- 1.31 Sumner --- 1.24 --- Cecil ------1.40 St. Mlarys .... 1.39 Jackson 1.40 Sherburne --- 1.43 Jewell ------1.23 Thomas - 1---. 17 Kanabec --- 1.43 Sibley ------1.43 Johnson 1.31 Trego ------1.20 Charles ------1.39 Somerset ---- 1.39 Dorchester -- 1.40 Talbot ------1.41 Kandlyohi --- 1.43 Stearns ------1.43 Kearny ------1.15 Wabaunsee -- 1.27 Kittson ------1.30 Steele ------1.43 ---- Frederick ___2 1.39 Washington - 1.36 K4ngman 1.22 Wallace --- 1.15 Koochiching - 1.36 Stevens ------1.40 Klowa ------1.20 Washington - 1.25 Garrett ------1.30 - Wicomico ---- 1.40 Harford --- 1.41 Worcester --- 1.39 Lac qui Swift ------1.42 Labette --- 1.27 Wichita --- 1.16 Parle ------1.40 Todd ------1.41 Lane ------1.19 Wilson ------1.27 MIASSAcHusETrs Lake of the Traverse --- 1.38 Leavenworth - 1.31 Woodson ---- 1.28 Woods --- 1.34 Wabasha - 1.43 Lincoln --- 1.22 Wyandotte -- 1.31 All counties ------$1.35 Le Sueur-- 71.43 Wadena --- 1.40

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 No. 106--Pt. I-2 8900 RULES AND REGULATIONS

MIiNNESOTA-Continued MONTANA-Continued NEW MxcO Rate per Rate per Rate per Rat*e per Rate per Rate per County bushel County bushel County bushel County bi shel County bushel County bushel Waseca ---- $1.43 Winona ---- $1.43 Lewis and Prairie ----- 1. 11 Bernalillo --- $1.14 Mor ------$1. 14 Washington __ 1.43 Wright ------1.43 Clark ---- $1.07 Ravalli ------1.04 Catron ------1.01 Otero ------1. 17 Watonwan --- 1.42 Yellow Liberty - 1.071--- Richland ---- 1.10 Chaves ------1.21 Quay ------1.25 Wilkin ------1.37 Medicine __ 1.41 Lincoln - 1---. 10 Roosevelt ---- 1.08 Colfax ------1.13 Rio Arrlba.... .93 ---- MISSISSIPPI MaCone ---- 1.10 Rosebud .... 1.07 Curry ------1.26 Roosevelt 1.25 ---- Rate per Madison .... 1.06 Sanders .... 1.08 De Baca --- 1.20 Sandoval 1.14 .93 County bushel Meagher --- 1.07 Sheridan ---- 1.11 Dona Ana .... 1.14 San Juan -... 1.14 All counties ------, $1.27 Mineral --- 1.10 Silver Bow -_ 1.06 Eddy ------1.20 San Miguel_-.. Missoula ---- 1.08 Stlllwater --- 1.07 Grant ------. 97 Santa Fe --- 1.15 MissOURI Musselshell -_ 1.07 Sweet Grass__ 1.07 Guadalupe --- 1.19 Sierra ------1. 14 Harding --- 1.23 Socorro ---- 1.14 Rate per Rat eper Park ------1.04 Teton ------1.07 ------1.07 Hidalgo --- 1.10 Taos ------. 94 County bushel County bushel Petroleum --- 1.07 Toole Treasure ---- 1.07 Lea ------1.23 Torrance ---- 1.16 Adair ------$1.24 Linn ------$1.29 Phillips - 1.07 --- 1.07 Valley 1.07 Lincoln ---- 1.17 Union ------1.22 Andrew -- 1.31 Livingston -_ 1.30 Pondera __ 1.07 Lina ------1. 10 Valencia --- 1.06 Atchison ---- 11.31 McDonald ---- 1.26 Powder Wheatland River 1.08 Wibaux .... 1.14 McKinley ... .93- Audrain --- 11.30 Macon 1.27 - Powell ------1.06 Yellowstone - 1.07 Barry ------.26 Madison ----- 1.29 NEW YOR Barton ------1.28 Maries . 1.31 NEBRASKA Bates ------1.31 Marion ..... 1.26 Albany ..... $1.42 Oneida ..... $1.37 Benton ------1.29 Mercer ------1.28 Adams ---- $1.25 Jefferson ---- $1.28 Allegany. 1.35 Onondaga --- 1.35 Bollinger ---- 1.31 Miller ..... 1.28 Antelope ---- 1.28 Johnson ----- 1.29 Broome. 1.35 Ontario .... 1.35 Boone ------1.28 Mississippi -_ 1.35 Arthur ------1.15 Kearney ----- 1.24 Cattaraugus - 1.30 Orange ..... 1.38 Buchanan --- 1.31 IVoniteau ---- 1.26 Banner ------1.11 Keith ----- 1.15 Cayuga ----- 1.35 Orleans ----- 1.35 Butler ------1.36 Monroe 1.27 Blaine ------1.20 Keya Paha .... 1.22 Chautagua __ 1.25 Oswego ---- 1.35 Caldwell -- 1.31 Montgomery - 1.32 Boone ------1.28 Kimball .... 1.10 Chemung ---- 1.35 Otsego ------1.37 Callaway ---- 1.29 Morgan ---- 1.26 Box Butte.... 1.15 Knox ------1.28 Chenango --- 1.35 Putnam .... 1.38 Camden --- 1.25 New Madrid. 1.36 Boyd ------1.26 Lancaster ____ 1.31 Clinton ----- 1.31 Rensselaer --- 1. 41 Cape Newton ..... 1.26 Brown------1.21 Lincoln .... 1..19 Columbia ---- 1.40 Rockland ---- 1.37 Girardeau - 1.34 Nodaway ..... 1.31 Buffalo --- 1:25 Logan --- 1.20 Cortland ---- 1.35' St.' Lawrence 1.30 Carroll ------1.31 Oregon . 1.29 Burt ------1.31 Loup ------1.24 Delaware ---- 1.36 Saratoga ---- 1.40 Carter ------1.30 Osage --..... 1.30 Butler ------1.31 McPherson ___- 1.20 Dutchess ____ 1.39 * Schenectady - 1.41 --- Cass ------1.31 Ozark ...... 1.24 Cass ------1.31 Madison ----- 1.29 Erie ...... 1.32 Schoharle 1.40 ---- 1.37 Cedar .... 1.28 Essex ------1.35 Schuyler .... 1.35 Cedar ------1.30 Pemlscot ------1.27 Merrick Seneca ------Chariton ---- 1.30 Perry ...... 1.29 Chase ------1.16 Morrill ..... 1.13 Franklin ---- 1.28 1.35 Christian ---- r26 Pettis ------1.29 Cherry ------1.19 Nance ..... 1.28 Fulton ----- 1.36 Steuben- 1.35 -.- Clark ------1.25 Phelps ...... 1.28 Cheyenne ---- 1.11 Nemaha .... 1.30 Genessee ---- 1.35 Suffolk 1.37 Clay ------1.31 Pike ...... 1.31 -Clay ------1.26 Nuckolls ----- 1.26 Greene ..... 1.40 Sullivan .... 1.33 ---- 1.35 --- 1.31 Platte ..... 1.31 Colfax ------1.31 Otoe ...... 1.31 Herkimer 1.38 Tioga.--- Clinton ---- Cole ------1.29 Polk ...... 1.27 Cuming --- 1.31 Pawnee ------1.23 Jefferson 1.31 Tompkins --- 1.35 ...... Cooper ------1.27 Pulaski ..... 1.26 Custer ------1.23 Perkins .... 1.16 Lewis 1.33 Ulster 1.38 --- 1.35 Warren 1.39 Crawford .... 1.29 Putnam ..... 1.26 Dakota ------1.28 Phelps ------1.23 Livingston Madison .... __ 1.39 Dade ------1.27 Rails ...... 1.27 Dawes ------1.14 Pierce ..... 1.29 1.35 Washington ----- 1.35 Dallas ------1.25 Randolph --- 1.28 Dawson ---- 1.23 Platte ..... 1.30 Monroe 1.35 Wayne- 1.41 Westchester - 1.40 Daviess ------1.30 Ray ...... 1.31 Deuel ------.14 Polk ------1.29 Montgomery . ------1.34 De Kalb --- 1.31 Reynolds ---- 1.27 Dixon ------1.28 Red Willow.-.. 1.20 Nassau 1.37 Wyoming Niagara- 1.35 Yates . 1.35 Dent ------1.27 Ripley ...... 1.34 Dodge ------.31 Richardson -_ 1.28 Douglas -- 1.23- St. Charles... 1.33 Douglas - ....- -1.31 Rodk ...... 1.22 NORTH CAROLINA Dunklin ---- 1.37 St. Clair -.- 1.30 Dundy ------1.16 Saline ------1.30 Franklin ---- 1.33 St. Genevleve. 1.30 Fillmore --- 1.28 Sarpy ------1.31 All counties ...... $1.34 Gasconade -_ 1.31 St. Francois-- 1.30 Franklin ---- 1.23 Saunders ---- 1.31 Gentry ------1.31 St. Louis.... 1.33 Frontier ..... 1.20 Scotts Bluff.. 1.12 NORT DAKOTA Greene ------1.26 Saline ------1.30' Furnas ------1.21 Seward ------1.31 $1.19 1.24 Adams $1.20 McLean ---- Grundy -- 1.29 Schuyler .... Gage ------1.29 Sheridan ---- 1.16 Barnes ...... 1.30 Mercer ----- 1.19 1.25 Harrison .... 1.29 Scotland ---- Garden -- 1. 15 Sherman ---- 1.25 Benson ------1.22 Morton ..... 1.22 1.35 Henry ------1.31 Scott ...... Garfield --- 1.24 Sioux ------1.13 Billings --- 1.18 Mountrail --- 1.15 Hickory --- 1.28 Shannon ---- 1.27 Gosper ------1.22 Stanton .... 1.31 --- 1.16 ----- 1.27 1.26 Bottineau Nelson Holt ------1.31 Shelby ------Grant ------1. 16 Thayer ------1.27 Bowman --- 1.19 Oliver ..... 1.20 Howard -- 1.28 Stoddard ---- 1.35 Greeley ---- 1.26 Thomas .... 1.20 1. 15 Pembina ___ 1.28 1.25 Burke ------Howell ------1.26 Stone ...... Hall ------1.26 Thurston ---- 1.29 Burleigh --- 1.23 Pierce ----- 1.20 1.28 Iron ------1.29 Sullivan .... Hamilton ---- 1.27 Valley ------1.24 Cass ------1.32 Ramsey ----- 1.24 Jackson -- 1.31 Taney ----- 1.24 Harlan .. 1.22 Washington -_ 1.31 Cavalier 1.23 Rainom .... 1.32 1.23 Jasper ------1.28 Texas ------Hayes ------1.16 Wayne ..... 1.27 1.31 Renville ---- 1.15 1.30 Dickey ...... Jefferson ....- 1.32 Vernon . Hitchcock --- 1.18 Webster ----- 1.24 Divide ------1.13 Richland ---- 1.36 Johnson .... 1.31 Warren ...... 1.33 Holt ------1. 25 Wheeler .... 1.28 Dunn ...... 1.18 Rolette ..... 1.19 Knox ------1.25 Washington - 1.30 Hooker ------1. 18 York ...... 1.29 Eddy ------1.25 Sargent ---- 1.34 1.31 Laclede -- 1.24 Wayne ...... Howard - 1.261---- Emmons --- 1.25 Sheridan ----- 1.21 1.24 Lafayette --- 1.31 Webster .... Foster ------1.26 Sioux ...... 1.22 1.31 NEVADA Lawrence .... 1.26 Worth ...... Golden Valley 1.15 Slope ...... 1.20 1.23 Lewis ------.25 Wright ...... All counties ------$1.20 Grand Forks. 1.31 Stark --.--- 1.20 Lincoln --- 1.33 Grant ------. 21 Steele ..... 1.30 NEW HAMPSHIss 1.29 Sttsman - 1.2? MONTANA Griggs ------All counties ------$1.34 Hettinger .... 1.,20 Towner ----- 1.20 Beaverhead -_ $1.09 Fergus ..... $1.07 Kidder ------1.24 Trail -.--- 1.31 Big Horn --- 1.07 Flathead --- 1.10 NEW JERSEY La Moure .... 1.28 Walsh ..... 1.29 Blaine ------1.07 Gallatln ---- -1.06 Logan ------1 .26 Ward ------1.16 ------Broadwater -- 1.04 Garfield ..... 1.08 Atlantic $1.39 Middlesex $1.40 McHenry .. 1.18 Wells .----- 1.24 Carbon ------1.07 Glacier ..... 1.07 Bergen ------1.40 Monmouth -_ 1.39 McIntosh .... 1.26 Williams .... 1.14 Carter ------1.14 Golden Burlington -_ 1.40 Morris ------1.40 McKenzie .... 1.12 Cascade --- 1.07 Valley ..... 1.07 Camden --- 1.42 Ocean ------1.39 Chouteau --- 1.07 Granite. 1.04 Cape May ..-. 1.37 Passaic ------1.40 OHIO Custer ------1. 10 Hill -...... 1.07 Cumberland - 1.40 Salem ------1.41 ---- $1.18 Athens .... $1.20 Daniels - 1.08 Jefferson ---- 1.04 Essex ----- 1.40 Somerset ---- 1.39 Adams --- Dawson --- 1.12 Judith Gloucester _- 1.41 Sussex 1.40 Allen ------1.22 Auglaize 1.21 Asbland 1. 22 Belmont 1. 21 Deer Lodge... 1.06 Basin ----- 1.07 Hunterdon --- 1.39 Union ---- 1.40 Fallon ------1.14 Lake ------1.04 Mercer ...... 1.40 Warren .... 1.38 Ashtabula - 1.24 Brown ------1.18

"FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 RULES AND REGULATIONS 8901

. Omo.-Continued OREGON SOUTH DAKoTA-Continued Rate per Rate per Rate per Rate per Rate per Rate per. County bushel County bushel County bushel County bushel County bushel County bushel Butler ------$ 1.18 Madison - $--$1. 19 Baker ------$1.24 Lake ..-... $1.25 Lincoln - $----$1.32 Sanborn - $---$1.31 Carroll ------1.21 Mahoning 1--. 24 -Benton ------1.29 Lane ------1.23 Lyman ------1.30 Shannon ---- 1.17 Champaign -_ 1.19 Marion ------1.20 Clackamas --- 1.30 Lincoln - 1.18 McCook 1.31 Spink ------1.34 Clark ------1.18 Medina ------1. 21 Clatsop ------1.24 Linn ------1.28 McPherson __ 1.29 Stanley ------1.30 Clermont ---- 1.18 Meigs ------1. 18 Columbia ---- 1.26 Malheur --- 1.15 Marshall ---- 1.34 Sully ------1.31 Clinton ---- 1.18 Mercer ------1.21 Coos ------1.13 Marion ------1.31 Meade ------1.20 Todd ------1.23 Columbiana -_ 1.22 Miami ------1 . 19 Crook ------1.27 Morrow ---- 1.29 Mellette ---- 1.23 Tripp ------1.24 Coshocton --- 1.21 Monroe ------1.21 Curry ------1.15 Multnomah -_ 1.31 Miner ------1.32 Turner ------1.31 Crawford ---- 1.23 Montgomery - 1.18 Deschutes --- 1.27 Polk ------1.30 Minnehaha -_ 1.33 Union ------1.32 Cuyahoga --- 1.21 Morgan - 11--.. 21 Douglas --- 1.17 Sherman ---- 1.32 Moody ------1.36 Walworth --- 1.29 Darke ------1.20 Morrow - . 1..1 21. Gilliam - 1.30 Tillamook --- 1.32 Pennington -_ 1.23 Washabaugh - 1.26 Defiance --- 1.22' Muskingum -_ 1.21 Grant ------1.29 Umatilla --- 1.28 Perkins ------1.21 Yankton ---- 1.29 Delaware ---- 1.20 Noble ------1. 21 Harney ------1.11 Union ------1.25 Potter ------1.31 Ziebach --- 1.22 Erie ------1.23 Ottawa ------1.24 Hood River--- 1.33 Wallowa --- 1.23 Roberts ....- 1.37 ---- Jackson - 1.17 Wasco ------1.33 Fairfield --- 1.20 Paulding 1.22 TENNESSEE Fayette -- 1.18 Perry ------1. 20 Jefferson ---- 1.30 Washington -_ 1.32 Franklin ---- 1.20 Pickaway ---- 1.19 Josephine --- 1.17 Wheeler --- 1.29 Anderson .... $1.33 Lauderdale -_ $1.25 Fulton ------1.22 Pike ------1.18 Klamath .... 1.25 Yamhill --- 1.31 -Bedford --- 1.30 Lawrence ---- 1.29 Benton ------1.27 1.29 Gallia ------1.18\ Portage ------1.21- PENNSYLVANIA Lewis ------Geauga ------1.24 Preble ------1.18 Bledsoe ------1. 31 Lincoln --- 1.31 Greene ------1.18 Putnam --- 1. 23 Adams $1.39 Lackawanna - $1.-33 Blount ------1.34 Loudon ------1.33 Guernsey ---- 1.21 Richland ---- 1.22 Allegheny --- 1.27 Lancaster --- 1.38 Bradley ------1.33 McMinn --- 1.33 Hamilton ---- 1.18 Ross ------1.19 Armstrong --- 1.25 Lawrence ---- 1.27 Campbell ---- 1.33 McNairy --- 1.26 Hancock --- 1.24 Sandusky ---- 1.24 Beaver ------1.24 Lebanon ---- 1.36 Cannon --- 1.29 Macon ------1.28 Hardin ------1.22 Scioto--- -. 18- Bedford --- 1.30 Lehigh ------1.39 Carroll ------1.26 Madison --- 1.25 Harrison --- 1.21 Seneca ------1.23 Barks ------1.38 Luzerne -- 1.34 Carter ------1.36 Marion ------1.31 Henry ------1.22 Shelby ------1.21 'Blair ------1.29 Lycoming --- 1. 31 -Cheatham --- 1.28 Marshall ---- 1.30 Highland ---- 1.18 Stark ------1.21 Bradford ---- 1.30 McKean --- 1.29 Chester - 1.26 Maury ------1.29 Hocking --- 1.20 Summit --- 1.21 Bucks ------1.40 Mercer ------1.24 Claiborne ---- 1.35 Meigs ------1.32 Holmes ------1.21 Trumbull 1.241--.--Butler ------1.26 Mifflin ------1.32 Clay ------1.29 Monroe ------1.34 Huron ------1.23 Tuscarawas -_ 1.21 Cambria --- 1.28 Monroe ------1.36 Cocke ------1.34 Montgomery - 1.27 Jackson - 1---.18 Union ------1.20 Carbon ------1.36 Montgomery - 1.40 Coffee ------1.30 Moore ------1.30 Jefferson ---- 1.23 Van Wert .... 1.22 Centre .----- 1.30 Montour ---- 1.33 Crockett --- 1.25 Morgan - 1.32 Knox ------1.21 Vinton ------1.20 Chester - 1.40 Northampton- 1.38 Cumberland - 1.31 Obion ------1.25 Lake ------1.23 Warren ------1.18 Clarion ------1.26 Northumber- Davidson ---- 1.28 Overton --- 1.30 Lawrence ---- 1.18 Washington -_ 1.21 Clearfield ____ 1.29 land ------1.33 Decatur 1.27 Perry ------1.28 Licking ---- 1.20 Wayne ------1.21 Clinton 1.31 Perry ------1.35 De Kalb --- 1.29 Pickett ------1.30 Logan ------1.20 Williams .. 1. 22 Columbia ---- 1.38 Pike ------1.33 Dickson --- 1.28 Polk ------1.34 Lorain ------1.22 Wood ------1.24 Crawford ---- 1.24 Potter ------1.28 Dyer ------1.25 Putnam 1.30 Lucas ------1.23 Wyandot .... 1.23 Cumberland - 1.36 Schuylkill --- 1.35 Fayette - 1.25 Rhea ------1.32 Dauphin ---- 1.35 Snyder ------1.33 Fentress --- 1.31 Roane ------1.32 OKLAHOMA Delaware ---- 1.41 Somerset ... 1.29 Franklin ---- 1.31 Robertson --- 1.27 Elk ------1.29 Sullivan ---- 1.35 Gibson ------1.25 Rutherford -_ 1.29 Adair ------1.26 Le Flore-$-- $1.26 Erie ------1.24 Susquehanna. 1.34 Giles ------1.30 Scott ------1.32 Alfalfa ------1.25 Lincoln ---- 1.26 Fayette --- 1.29 Tioga ------1.31 Grainger._ 1.34 Sequatchie -_ 1.31 Atoka ------1.26 Logan ------1.26 Forest ------1.26 Union ------1.33 Greene ------1.5 Sevier ------1.34 Beaver ------1.23 Love ------1.26 Franklin - _- 1.36 Venango ---- 1.24 Grundy ___-_ 1.30 Shelby ------1.25 Beckham ---- 1.26 11cClain --- 1.26 Fulton ------1.33 Warren ------1.24 Hamblen ---- 1.35 Smith ------1.29 Blaine ------1.26 McCurtain -_ 1.26 Greene ------1.27 Washington - 1.24 Hamilton ---- 1.32 Stewart --- 1.27 Bryan ------1.26 McIntosh ---- 1.26 Huntingdon - 1.31 Wayne ------1.33 Hancock ---- 1.36 Sullivan --- 1.37 Caddo ------1.26 Major ------1.26 Indi;na - 1.28 Westmore- Hardeman --- 1.26 Sumner --- 1.27 Canadian ---- 1.26 Marshall ---- 1.26 Jefferson ---- 1.28 land ------1.26 Hardin ------1.27 Tipton ------1.25 Carter ------1.26 Mayes ------1.25 Juniata --- 1.32 Wyoming ---- 1.35 Hawkins --- 1.37 Trousdale ___ 1.28 Cherokee .... 1.26 Murray ------1,26 York ------1.38 Haywood ---- 1.25 Unicol ------1.35 Choctaw --- 1.26 Muskogee ---- 1.26 RHODE ISLAND Henderson --- 1.27 Union ------1.34 Cimarron ---- 1. 21 Noble ------1.26 Henry ------1.26 Van Buren --- 1.30 Cleveland ---- 1.26 Nowata ------1.27 All counties ------$1.36 Hickman ____ 1.28 Warren---..- 1.30 Coal ------1.26 Okfuskee ---- 1.26 SOUTH CAROLINA, Houston --- 1.27 Washington - 1.36 Comanche --- 1.26 Oklahoma --- 1.26 Humphreys -_ 1.27 Wayne ------1.28 Cotton ------1.26 Okmulgee --- 1.26 All counties ------$1.23 Jackson --- 1.29 Weakey --- 1.25 Craig ------1.27 Osage ------1.25 SOUTH DAKOTA Jefferson ---- 1.34 White ------1.30 Creek ------1.26 Ottawa ------1.26 Johnson ---- 1.36 Willianison -_ 1.29 Custer ------1.26 Pawnee ------1.26 Aurora ---- $1.30 Douglas ---- $1.29 Knox ------1.34 Wilson ------1.28 Delaware ____ 1.26 Payne ------1.26 Beadle ------1.33 Edmunds ____ 1.31 Lake ------1.25 Dewey ------1.26 Pittsburg ---- 1.26 Bennett --- 1.18 Fall River_--- 1. 11 Ellis ------1.24 Pontotoc ---- 1.26 Bon Homme__ 1.31 Faulk ------1.32 TExAS Garfield --- 1.26 Pottawatomie. 1.26 Brookings --- 1.36 Grant ------1.38 Andrews ---- $1.25- Brown ----- $1.35 Garvin ------1.26 Pushmataha - 1.26 Brown ------1.33 Gregory --- 1.25 Archer ------1.26 Burleson ---- 1.42 Grady ------1.26 Roger Mills___ 1.25 Brule ------1.30 Haakon --- 1.26 Armstrong --- 1.26 Burnet ------1.35 Grant ------1.25 Rogers ------1.25 Buffalo ------1.31 Hamlin --- 1.36 Atascosa --- 1.37 Caldwell --- 1.39 Greer ------1.26 Seminole ---- 1.26 Butte ------1.20 Hand ------1.32 Bailey ------1.26 Calhoun --- 1.39 Harmon --- 1.26 Sequoyah ---- 1.26 Campbell --- 1.27 Hanson ---- 1.31 Bandera - 1.35 Callahan ___ 1.26 Harper ------1.24 Stephens .. -1.26 Charles Mlx__ 1.29 Harding ---. 19 Bastrop 1.39 Carsonj ____ 1.26 Haskell ------1.26 Texas ------1.23 Clark ------1.35 Hughes ------1.30 Baylor ------1.26 Castro ------1.26 Hughes ------1.26 Tillman --- 1.26 Clay ------1.32 Hutchinson -_ 1.30 Bee -----.- 1.37 Chambers - 1.45 Jackson --- 1.26 Tulsa ------1.25 Codington ___ 1.36 Hyde ------1.31 Bell ----- 1.39 Cherokee 1.40 ---- Jefferson 1.26 Wagoner --- 1.25 Corson ------1.23 Jackson --- 1.26 Bexar 1.39 Childress - L26 Johnson --- 1.26 Washington - L26 Custer ------1.14 Jerauld 1.31 Blanco -- 1.38 Clay ___ .28 Kay ------1.25 Washita --- 1.26 Davison ____ 1.31 Jones ------1.29 Borden _- 1.26 Cochran L26 Kingfisher - 1.26 Woods ------1.24 Day------1.35 Kingsbury _ 1.35 Bosque. 1.37 Coke - L26 Kiowa ------1.26 Woodward 1 .25 Deuel ------1.38 Lake ------1.34 Bowie . L30 Coleman- 1-32 Latimer --- 1.26 Dewey ------1.23 Lawrence 1.20 Briscoe L 26 Collin. I-so

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8902 RULES AND REGULATIONS

TExAs--Continued UTAH--Contlnued WAS GNTON-Continued Rate per Rate per Rate per Rate per Rate per Rate per County bushel County bushel County bushel county bushel County bushel County bushel Collings- Lampasas ---- $1.35 Sevier ------$ .95 Wasatch ---- $1.04 Whatcom ---- $1.25 Yakima ---- $1.31 worth $1.26 Limestone _.- 1.39 Summit --- 1.17 Washington - 1.14 Whitman .... 1.26 Coal 1.39 Lipscomb ---- 1.24 Tooele ------1. 18 Wayne ------. 95 Comanche - 1.29 Live Oak --- 1.37 Ulntah ------. 97 Weber ------1.18 WEST VIRGINIA Concho ------1.35 Llano ------1.35 Utah ------1.18 Barbour - $1.29 Mineral ____ $1.31 Cooke ------1.30 Loving ------1. 19 VERMONT Berkeley --- 1.33 Mingo ------1.28 Coryell --- 1.35 Lubbock .... 1.26 Boone ------1.28 Monongalia -_ 1.27 All counties u n ti e s...... -- Cottle ------1.26 Lynn ------1.26 $1. 34 Braxton --- 1.28 Monroe ------1.31 Crosby ------1.26 McCulloch --- 1.35 VIRGINIA Brooke ---- 1. 26 Morgan ---- 1.32 Culberson --- 1.18 McLennan --- 1.39 --- Accomac --- $1.35 Loudoun Cabell ------1.26 Nicholas 1.30 Dallam ------1.23 Martin ------1-25 .... $1.34 Calhoun --- Albermarle __ 1.34 Louisa ------1.34 1.27 Ohio ------1.26 Dallas ------1.35 Mason ------1.35 Clay ------1.28 Pendleton --- 1.32 Alleghany __Z 1.32 Lunenburg -_ 1.35 Dawson - 1.26 Maverick ---- 1.24 Doddridge --- 1.26 Pleasants ---- 1.25 Amelia ------1.35 Madison --- 1.34 Deaf Smith-.. 1.26 Medina ------1.37 Fayette ------1.30 Pocahontas -_ 1.32 Amherst --- 1.34 Mathews .... 1.35 Delta ------1.32 Menard -- 1.35 Gilmer ------1.27 Preston ---- 1.29 Denton --- Appomattox - 1.35 Mecklenburg - 1.34 ------1.35 Midland 1.24 Grant ------1.31 - Putnam --- Arlington ... 1.34 Middlesex --- 1.35 1.26 De Witt_-__ 1.39 Milam ------1.41 Greenbrier --- 1.32 Raleigh -.--- 1.29 Augusta --- 1.34 Montgomery - 1.32 Dickens --- 1.26 Mills ------1.35 Hampshire --- 1.32 Randolph ---- 1.31 Bath ------1.32 Nansemond -_ Uinmit --- 1.28 Mitchell ---- 1.26 1.34 Hancock --- 1.26 Bedford --- 1.34 Nelson 1.34 Ritchie ------1.26 SDonley ------1.26 Montague --- 1.30 Hardy ------1.32 Bland ------1.32 New Kent.... 1.35 Roane ------1.26 Eastland ---- 1.27 Moore ------1.24 Harrison ------Botetourt ---- 1.33 Newport 1.28 Summers 1.32 Edwards --- 1.26 Motley ------1.26 Jackson --- 1.25 Taylor ------1.29 Burnswick --- 1.34 News ------1.35 Ellis ------1.37 Navarro --- 1.37 Jefferson ---- 1.34 Tucker ------1.31 Buchanan --- 1.32 Northampton-' El Paso ------1.16 Nolan ------1.26 1.35 Kanawha ... 1.27 Tyler Buckingham - 1.35 Northumber------1.25 Erath ------1.31 Ochiltree ---- 1.24 Lewis * 1.28 Upshur ------1.29 Campbell ---- 1.34 land ------1.35 Falls ------1.39 Oldham --- 1.26 Lincoln ------1.27 Wayne ------1.27 Caroline --- 1.35 Nottaway ... Fannin . 1.30 Palo Pinto --- 1.30 1.35 Logan ------Carroll ------1.33 Orange . 1.54 1.28 Webster 1.30 Fisher ------1.26 Parker ------1.34 McDowell --____-1. 30 Wetzel ------1.26 Charles City 1.35 Page ------1.34 Floyd ------1.26 Parmer ------1.26 Marion ------1.27 Wirt ------1.26 Charlotte .... 1.35 Patrick ------1.33 Foard ------1.26 Pecos ------1.19 Marshall --- 1.26 Wood ------1.25 Chesapeake __ 1.34 Pittsylvania - 1.34 Gaines ------1.26 Potter ------1.26 Mason ------1.26 Wyoming ---- 1.29 Chesterfield -_ 1.35 Powhatan --- Galveston --- 1.56 Presidio --- 1.17 1.35 Mercer ------1.31 Garza ------1.26 Randall - 1.26 Clarke ------1.34 Prince Gillespie ---- 1.34 Real ------1.31 Craig ------1.32 Edward ---- 1.35 WISCONSIN Glasscock ---- 1.26 Reeves ------1.19 Culpeper .... 1.34 Prince Goltad ------1.39 Refugio --- 1.37 Cumberland - 1.35 George ---- 1.35 Adams ---- $1.28 Marathon ---- $1.33 Gray ------1.26 Roberts ------1.25 Dickenson --- 1.32 Prince Ashland --- 1.41 Marinette ---- 1.24 Grayson --- 1.30 Robertson --- 1.39 Dinwiddie --- 1.35 William --- 1.34 Barron ------1.39 Marquette --- 1.27 Guadalupe -_ 1.39 Rockwall ---- 1.35 Essex ------1.35 Pulaski ------1.33 Bayfield --- 1.35 Menomonie 1_1.28 Hale ------1.26 Runnels --- 1.30 Fairfax ------1.34 Rappahan- Brown ------1.25 Milwaukee --- 1.31 Hall ------1.26 San Saba .... 1.35 Fauquier ---- 1.34 nock ------1.34 Buffalo ------1.35 Monroe ------1.30 Hamilton ___-_ 1.32 Schleicher --- 1.24 Floyd ------1.33 Richmond --- 1.35 Burnett --- 1.43 Oconto ------1.23 Hansford ---- 1.24 Scurry ------1.26 fluvanna ---- 1.34 Roanoke --- ,. 33 Calumet --- 1.26 Oneida 1.27 Hardeman --- 1.26 Shackelford - 1,26 Franklin .... 1.33 Rockbridge _ 1. 34 Chippewa ---- 1.39 Outagamle --- 1.25 Harris ------1.55 Sherman ---- 1.23 Frederick ---- '1:34 Rockingham - 1.34 Clark ------1.36 Ozuakee --- 1.30 Hartley ---- 1.24 Somervell --- 1.34 Giles - -1.32 Russell ------1.33 Columbia ---- 1.27 Pepin ------1.36 Haskell ------1.26 Stephens ---- 1.30 Gloucester --- 1.35 Scott ------1.33 Crawford ---- 1.29 Pierce ------1.38 Hays ------1.39 Sterling --- 1.26 Goochland --- 1.35 Shenandoah - 1.34 Dane ------1.28 Polk ------1.42 Hemphill ---- 1.24 Stonewall --- 1.26 Grayson .... 1.33 Smyth ------1.33 Dodge ------1.28 Portage ------1.33 Hill ------1.38 Sutton ------1.22 Greene ------1.34 South- Door ------1.19 Price ------1.38 Hockley --- 1.26 Swisher -- 1.26 Greensville -_ 1.34 ampton --- 1.34 Douglas --- 1.44 Racine ------1.32 Hood ------1.34 Tarrant --- 1.36 Halifax ------1.34 Spotsylvania - 1.35 Dunn ------1.39 Richland ---- 1.26 Howard - 1.26 Taylor ------1.28 Hampton .... 1:35 Stafford --- 1.35 Eau. Claire --- 1.36 Rock ------1.31 Hudspeth ---- 1.17 Terry ------1.26 Hanover --- 1.35 Surry ------1.34 Florence --- 1.24 Rusk ------1.40 Hunt ------1.34 Throck- Henrico --- 1.35 Sussex ------1.34 Fond du Lac__ 1.27 St. Croix ---- 1.39 Hutchinson - 1.24 morton .... 1.28 Henry ------1.33 Tazewell ---- 1.32 Forest ------1.31 Sauk ------1.27 Irion ------1.23 Tom Green.. 1.26 Highland ---- 1.32 Virginia Grant ------1.24 Sawyer ------1.37 Jack ------1.30 Travis------1.39 Isle of Wight 1.34 Beach --- 1.34 Green ------1.29 Shawano ---- 1.28 Jackson --- 1.43 Uvalde ------1.31 James City... 1.35 Warren ------1.34 Green Lake.--. 1.26 Sheboygan --- 1.23 Jeff Davis .... 1.17 Van Zandt__-- 1.35 King and Washington - 1.33 Iowa ------1.26 Taylor ------1.38 Johnson --- 1.37 Victoria -- 1.39 Queen --- 1.35 Westmore- Iron ------1.36 Trempeleau -_ 1.33 Jones ------1.26 Waller ------1.53 King George. 1.35 land ------1.35 Jackson --- 1.33 Vernon ------1.30 Karnes ------1.37 Ward ------1.21 King William 1.35 Wise ------1.33 Jefferson ---- 1.29 Vilas ------1.25 Kaufman ---- 1.36 Wharton ---- 1.51 Lancaster --- 1.35 Wythe ------1.33 Juneau ------1.29 Walworth ---- 1.31 Kendall --- 1.35 Wheeler --- 1.26 Lee ------1.33 York ------1.35 Kenosha --- 1. 32 Washburn --- 1.37 Kent ------1.26 Wichita --- 1.26 Kewaunee --- 1.22 Washington -_ 1.30 WASHINGTON Kerr ------1.33 Wilbarger --- 1.26 LaCrosse -- 1.31 Waukesha --- 1.30 Kimble ------1.35 Williamson - 1.39 Adams ---- $1.27 Kittitas --- $1.32 Lafayette ---- 1.26 Waupaca ---- 1.28 King ------1.26 Wilson - ---- 1.37 Asotin ------1.24 Klickitat ... 1.32 Langlade -... 1.27 Waushara ___.. 1.26 Kinney ------1.27 Wise ------1.32 Benton ------1.29 Lewis ------1.24 Lincoln ------1.27 Winnebago 1.26 Knox ------1.26 Yoakum -- 1.26 Chelan ------1.28 Lincoln --- 1.26 Manitowoc --- 1.26 Wood ------1.36 Lamar ------1.30 Young ------1.30 Clallam- 1.15 Mason ------1.23 WYOMING Lamb ------1.26 Zavala ------1.28 Clark ------1.32 Okano~on .. 1.26 Columbia ---- 1.28 Pacific ------1.23 ---- UTAH Albany $1.05 Natrona --- $1.00 Cowlitz ------1.28 Pend Oreille-_ 1.19 Big Horn -.. .99 Niobrara ----- 1.10 Beaver .-. $1.16 Iron------$1.14 Douglas --- 1.26 Pierce ------1.30 Campbell ---- 1.06 Park ------. 99 Box Elder-.... 1. 16- Juab ------. 16 Ferry ------1.22 San Juan --- 1.26 Carbon ------. 99 Platte ------1.10 Cache ------1. 16 Kane ------. 95 Franklin ---- 1.28 Skagit -----. 1.26 Converse ---- 1.06 Sheridan 1.04 Carbon ------. 95- Millard 1.16 Garfield ---- 1.28 Skamania --- 1.32 Crook ------1.09 Sublette -----. 94 Daggett .... .94 Morgan - 1.17 Grant ------1.27 Snohomish __ 1.28 Fremont -----. 96 Sweetwater -_ .94 Davis ------1.18 Piute ------. 95 Grays Harbor. 1.23 Spokane --- 1.24 Goshen ------1.10 Teton ------1.10 Duchesne -... 1. 01 Rich ------1.08 Island ------1.26 Stevens --- 1.20 Hot Springs -_ .97 Uinta ------. 97 Emery ------. 95 Salt Lake ... . 18 Jefferson 1.17 - Thruston ---- 1.25 Johnson --- 1.04 Washakie ... .98 Garfield ----- .95 San Juan...... 95 King ------1.30 Wahkiakum - 1.28 Laramie --- 1.10 Weston ------1.09 Grand ------. 95 Sanpete ----- .95 Kitsap ------1.21 Walla Walla-- 1.28 Lincoln ------. 98

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 RULES AND REGULATIONS

(C) Premiums and discounts.The basic The following varieties referred to in these § 545.1 Savings accounts. support rate shall be adjusted as appll- regulations as "undesirable varieties" are subject to the discount: cable by premiums and discounts as fol- (c) Membership fee. Except to the ei lows (all footnotes at end of paragraph): Hard Red Winter: Pitic 62. tent Blue Jacket. Spinkcota. expressly permitted or authorized t (1) Classpremiums and 2 § 545.1-4 or § 545.3-1, or paragraph (d discounts: Cents per Cache. Red River 68.5 Purkof. White: of this section, no. Federal associatio (i) Premiums: bushel 3 shall directly or indirectly charge Hard Amber Durum (No. 3 or Red Chlef. Florence. an better) ------+5 Stafford. Gaines;' membership, admission, repurchas (ii) Discounts: Yogo. Rex. withdrawal, or any other fee or sum ( Durum ------5 Hard Red Spring: Soft Red Winter: money for the privilege of becoming, rE Henry. Nured. Red Durum ------20 Kinney. maining, or ceasing to be a holder of Mixed Wheat (mixtures of classes savings account of such Feder other than contrasting classes)_ -2 (5) Weed control discount (where association. Mixed Wheat (mixtures of con- required by § 421.74) ------10 trasting classes) ------10 (6) Other factors: Amounts deter- (2) Grade premiums and discounts: mined by CCC to represent market (Sec. 5, 48 Stat. 132, as amended; 12 U.S (5) Premium: discounts for quality factors not 1464. Reorg. Plan No. 3 of 1947, 12 F.] Heavy, No. 3 or better ------+2 specified above which affect the 4981, 3 COR, 1943-1948, Comp., p. 1071) (ii) Discounts: value of wheat, such as (but not No. 2 ------1 Resolved further that, since affordin limited to) moisture, weevily, ergoty, notice and public procedure No. 3 ------3 stones, musty, sour and heating. on the aboi No. 4 ------6 Such discounts will be established amendment would delay the amendmer No. 5 ------9 from becoming effective for a period c Sample not later than the time delivery of on one or more of the fac- wheat to CCC begins and will there- time and since it is in the public Intere: tors test weight, total damage from time to time for the 'additional (with not more than 3 percent after be adjusted authority granted i as CCC determines appropriate to re- the amendment to become effective witt heat damage), foreign material, flect and total defects (with not more changes in market conditions. out delay, the Board hereby finds thf than 3 percent heat damage), Producers may obtain schedules of notice and public procedure on sai apply a discount of 14 cents. such factors and discounts at ASCS county ofices. amendment are contrary to the publi Add 1 cent for each tiound or interest under the provisions of § 508.1 fraction thereof that test weight NoTE: Premiums and discounts are cumu- of the general regulations of the Feder, is below 50 pounds. (49 pounds lative except only one grade discount shall Home Loan Bank Board and 5 U.S.( for Hard Red Spring and White be applied. Club) through 40 pounds and 553(b); and publication of said amend add 1 cent for each percent or Effective date. Upon publication in the ment for the period specified in § 508.1 fraction thereof that total de- FEDERAL REGISTER. of the general regulations of the Feder fects are in excess of 21 percent. Signed at Washington, D.C., on May 27, Home Loan Bank Board and 5 U.S.C. 55 Total discount on these factors (d) prior to the effective date of sai shall not exceed 30 cents per 1969. amendment would in the opinion of tb bushel if total defects are not in KENNETH E. FRICK, Board likewise be contrary to the publi excess of 50 percent, or 45 cents Executive Vice President, per bushel if total defects are in interest for the same reason, and tb excess of 50 perceht. Commodity Credit Corporation. Board hereby so finds; and the Boar Smi-ut-degree basis: [P.R. Doc. 69-6518; Piled, June 3, '1969;. 'hereby provides that said amendmer Light Smutty.------2 8-45 A.m.] shall become effective as hereinbefore sE Smutty ------6 forth. Garlic--degreebasis: Light Garlicky ------5 By the Federal Home Loan Ban Garlicky ------10 Board. (3) Protein prlmiums. Applicable to Title 12-BANKS AND BANKING [SEAL] JACK CARTER, grade No. 5 or better, Hard Red Win- ter, Hard Red Spring, and Hard Chapter V-Federal Home Loan Secretary. White Wheat of the varieties Baart, Bank Board [F.R. Doe. 69-6553; Filed, June 3, 196E Bluestem, and Burt.' 8:47 am.] SUBCHAPTER C-FEDERAL SAVINGS AND LOAN Protein content Cents per SYSTEM (percent) bushel [No. 22,853] [No. 22,854] 12.0-12.4 ------12.5-12.9 ------+3 PART 545-OPERATIONS PART 545-OPERATIONS 13.0-13.4 ------+4V 13.5-13.9 ------+6 Membership Fees Distribution of Earnings on Bases 14.0-14.4 ------7 Terms, and Conditions Other Thai MAY26, 1969. 14.5-14.9 ------+9 Those Provided by Charter 15.0-15.4 ------Resolved, that the-Federal Home Loan 15.5-15.9 ------12 Bank Board; upon the basis of considera- MAY 26, 1969. 16.0-16.4 ------13V .Resolved that 16.5-16.9 ------15 tion by it of the advisability of amending the Federal Home Low Bank Board, upon the basis of consid 17.0-17.4 ------16 2 paragraph (c) of § 545.1 of the rules and 17.5 and above ------18 eration by it of the advisability of revis (4) Variety discount ------20 regulations for the Federal Savings and ing paragraph (b) of § 545.1-1 of th Not applicable to the undesirable varieties Loan System (12 CFR 545.1) (1) to per- rules and regulations for the Federa listed in subparagraph (4). mit Federal savings and loan associations Savings and Loan System (12 CF1 2Except in Idaho and Utah. to adjust the payment of interest on de- 545.1-1) to permit Federal association 3 Including white seeded Red Chief. posits and (2) to delete from said para- I when grown east of Continental Divide. to distribute earnings quarterly on desig rWhen grown in Colorado, Iowa, Minne- graph (c) an obsolete cross reference, nated classes of accounts, hereby revise; sota, Montana, Nebraska, North Dakota, hereby revises said paragraph (c) to read said paragraph (b) to read as follows South Dakota, Wisconsin, and Wyoming. as follows, effective June 1, 1969: effective June 1, 1969:

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8904 RULES AND REGULATIONS

§ 545.1-1 Distribution of earnings on interest on all savings deposits and (2) § 545.1-4 Other savings deposits. bases, terms and conditions other to authorize all Federal savings and loan than those provided by charter. associations to pay earnings on a "split (a) General. In addition to the sav- rate" basis on a single account. Accord- ings deposits authorized by § 545.1-2, any Federal association which has a charter (b) QuarterZy. A Federal association ingly, said Part 545 is'hereby amended, as follows, effective June i, 1969: in the form of Charter N or Charter K which has a charter in the form of Char- (rev.) and which has adopted the charter ter N or Charter K (rev.) may, after 1. Paragraph (b) of § 545.1-2 is amended by revising subparagraph (1) provision set forth in § 545.1-3 may, sub- adoption by its board of directors of a ject to the provisions of this section, resolution so providing and while such thereof and by adding, immediately after subparagraph (3) thereof, a new accept savings deposits for fixed periods resolution remains in effect, distribute of time and bearing fixed rates of inter- earnings on savings accounts, or desig- subparagraph (4), said subparagraphs-to read as follows- est. Holders of savings deposits author- nated classes thereof, as of March 31, ized by this section shall, to the same June 30, September 30, and December 31 § 545.1-2 Savings deposits. extent as if their holdings of such sav- of each-year, or as of the last business . . . * * ings deposits were holdings of savings day of each March, June, September, and (b) Savings deposits. accounts authorized' by and subject to December, after pro'viding as of March 31 (1) General. A deposif association may the provisions of the association's charter and September 30 for the payment of raise capital in the form of such savings other than the charter provision set forth expenses, and for t]he pro rata portion of desposits as are authorized by this sec- in § 545.1-3 and the provisions of this credits to reserves rrequired by section 10 tion. Except as otherwise authorized by subehapter other than this section, be of Charter N or ('harter K (rev.) for the Board, a deposit association shall not members of the association and have the 6-month perio d ending on June 30 accept savings accounts other than such voting rights. and December 31 respectively, next savings deposits, but savings accounts (b) Payment of interest. Interest on succeeding. existing in such association at the time savings deposits authorized by this sec * * * when. it becomes a deposit association tion shall be paid at the rate fixed by the (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. shall remain such savings accounts un- board of directors of the association prior 1464. Reorg. Plan No. 3 of 1947, 12 F.R. 4981, less and until they are exchanged for to the acceptance of the deposit. The 3 CFR, 1943-1948 Coin p., p. 1071) - such savings deposits. In the case of sav- board of directors of the association shall Resolved further that, since affording ings accounts exchanged for savings de- provide that interest on such savings notice and public prrocedure on the above- posits on a date other than the date on deposits, or designated classes thereof, amendment would delay the amendment which the association regulkrly distrib- shall be paid either quarterly, semian- from becoming effective for a period of utes earnings on its savings accounts, nually, annually, or at the conclusion of time and since it is in the public interest such exchange shall be deemed to have the fixed term. The board of directors of for the additional authority granted in taken place on the immediately preced- the association may provide for the pay- the amendment to bbecome effective with- ing regular dividend distribution date. iment of interest on savings deposits au- out delay, the Boa rd hereby finds that Any right outstanding at the time when thorized by this section on the same notice and public procedure on said an association becomes a deposit associ- bases, terms, and conditions as is pro- amendment are ccntrary to the public ation to receive from the association in vided for the distribution of earnings on interests under the provisions of § 508.11 an exchange a savings account shall savings accounts by § 545.1-1. of the general regulLations of the Federal thereafter be a right to receive, at the (c) Limitations. In accepting savings Home Loan Bank Board and 5 U.S.C. option of the holder of such right, either deposits under the authority contained 553(b). a savings account or a corresponding in paragraph (a) of this section, no Fed- savings deposit. Any exchange under this eral association shall: By the Federal Home Loan Bank subparagraph (1) may be effected in (1) Provide for the payment of inter- Board. such manner-as theBoard may prescribe. est on any savings deposit in excess of [SEAL) JACK CARTER, the applicable maximum rate of return Secretary. (4) Payment of interest. Interest on prescribed in Part 526 of Subchapter B [P.R. Doc. 69-6555; Piled, June 3, 1969; savings deposits authorized by this sec- of this Chapter V; 8:47 ain.] tion shall be paid semiannually on June (2) Provide for any forfeiture for 30 and December 31 of each year at the breach of condition on the part of any rate fixed by the board of directors of depositor, other than Iogs of interest, or - [No. 22855] the association as provided herein. The partiar loss thereof, for the term of the PART 545-OPERATIONS board of directors of the association'shall savings deposit or other specified time fix the interest rate on such savings de- period; Savings Deposits and Payment of posits in June and December of each year (3) Issue any negotiable form of cer- Earnings for the semiannual periods beginning on tificate evidencing a savings deposit; (4) Deny any member the opportunity MAY 26, 1969. the immediately following July 1 and January 1. If the board of directors of an to make any savings deposit at the same Resolved that, notice and public pro- association adopts a resolution providing rate offered to any other member at that cedure having been duly afforded (34 for the payment of interest on savings time on the same classification of sav- F.R. 6542) and all relevant material deposits, or designated classes thereof, ings deposit; presented or available having been con- on a quarterly basis, interest on such de- (5) Accept any fixed term savings de- sidered by it, the Federal Home Loan posits shall also be paid on March 31 and posit for a -term of less than 180 days or Bank Board, upon the basis of such September 30. The board of directors more than 5 years or in an amount less consideration, determines that it is ad- shall fix the interest rate on Such savings than $1,000: Provided, That any savings visable to implement section 5(b) of the deposits for each quarterly period during deposit may be renewed, at the option of Home Owners' Loan Act '6f-1933, as the month immediately preceding such the association, for successive periods not amended by Public Law 90-448, 82 Stat. quarterly period. The board of directors exceeding 5 years for each renewal; 476, approved August 1, 1968, by amend- of the association .may provide for the (6) Issue any fixed term savings de- ing Part 545 of the rules and regulations payment of interest on savings deposits posit which is-subject to redemption; for the Federal Savings and Loan Sys- authorized by this section on the same (7) Provide for withdrawal from any tem (12 CFR Part 545) (1) to authorize bases, terms, and conditions, as is pro- fixed term savings deposit prior to the Federal savings and loan associations vided for the distribution of earnings on expiration of that term, except as pro- which have adopted the charter amend- savings accounts by § 545.1-1. "ided in paragraph (f) of this section; or - (8) Issue any form of ment providing for the acceptance of 2. By adding, immediately after § 545.-- certificate evidencing a savings deposit under this sec- savings deposits to accept savings de- 1-3, a new section, § 545.1-4, to read as tion unless the association has first () posits for fixed periods of time and to pay follows: obtained a written opinion by its. legal

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 RULES AND REGULATIONS

counsel that such form of certi1cate tificate evidencing such savings deposit turn prescribed for regular accounts it complies with the requirements of ap- shall be canceled, and, If the minimum said Part 526. plicable law and regulations and the as- balance requirements of this section con- (ii) Account books and certificates sociation's charter, which opinion shall tinue to be met, a new certificate shall Each certificate, whether printed in ar be retained by the association so long as be issued for the remaining portion 9 account book or as a separate certifi. it continues to issue certificates in such the savings deposit with the same term, cate, evidencing an account issued pur. form, and (ii) submitted a copy of such rate, and dates as the original savings suant to this subparagraph (4) shall b( form of certificate, together with a copy deposit. in the form prescribed by the Board pur. cf such legal opinion, to the Federal Sav- 3. By revising paragraph (a) of § 545.- suant to paragraph (b) of § 545.2 an hgs and Loan Insurance Corporation. 3-1, by revising paragraph (b) of shall bear on its face the following -addi. (d) Form of certificate. Certificates § 545.3-1 by the addition of a reference to tional words: cvidencing savings deposits accepted subparagraph (4)in the first sentence of Earnings are distributable on this accoun pursuant to the authority contained in said paragraph (b) and by adding a new as determined by the board of directors o this section shall, subject to the limita- subparagraph (4) to paragraph (b), said the association, subject to § 545.3-1(b) (4) oi tions contained in paragraph (c) of this paragraphs and subparagraph to read as the rules and regulations for the Federa section and the .disclosure requirements follows: Savings and Loan System. contained in paragraph (e) of this sec- § 545.3-1 Distribution of earnings at (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C tion, be in such form as the board of variable rates. 1464. Beorg. Plan No. 3 of 1947, 12 F.R. 4981 directors of the association may deter- 3 CYR, 1943-1948 Comp., p. 1071) mine. Such certificates may be incorpo- (a) General.Subject to the provisions of this section, the board of directors of By the Federal Home Loan Banl rated in passbooks or issued as separate Board. certificates. a Federal association which has a-charter (e) Disclosure. Each certificate evi- in the form of Charter N or Charter K [SEAL] JACK CARTER, dencing a savings deposit accepted pur- (rev.), after having determined the rate _ Secretary. suant to the authority contained in this at which earnings will be distributed on [F.R. Doc. 69-6554; Filed, June 3, 1969 section shall include in its provisions and its savings accounts for the dividend pe- 8:47 a.m.] display in easily read type: riod, hereinafter referred to as the regular rate, may provide for the distribution (1) The rate of interest to be paid and SUBCHAPTER D-FEDERAL SAVINGS AND LOA the dates or frequency at which interest of earnings for that dividend period (1) is payable; on savings accountswhich are withdrawn INSURANCE CORPORATION (2) The amount of the deposit; during the dividend period, and on which [No. 22,856] (3) The term of the deposit; dividends are paid to the date of with- (4) The penalty or penalties imposed drawal, at a rate lower than the regular PART 563-OPERATIONS rate and (2) on savings accounts'which for withdrawal prior to completion of Approval of Certificate. Forms the fixed term or renewal; meet eligible requirements fixed by the (5) Any provisions relating to renewal board of directors pursuant to paragraph MAY 26, 1969. at the conclusion of the fixed term; (b) of this section and such additional Resolved that, notice and public pro. (6) Any provisions relating to the in- requirements as the board of directors cedure having been duly afforded (3 terest to be paid after the conclusion of may impose, at a rate or rates higher F.R. 6543) and all relevant material pre- a fixed term or renewal; and than the regular rate. sented or available jhaving been consid- (7) A provision converting the de- (b) Eligibility requirements.The board ered by it, the Federal Home Loan Ban posit at the conclusion of a fixed term of directors may, by resolution, provide Board, upon the basis of such consid- or renewal to the status of a savings de- for the distribution of earnings at a rate eration, determines that it is advisabh posit accepted for an indefinite period of or rates higher than the regular rate only to amend Part 563 of the rules and reg- time. on savings accounts which meet the ulations for Insurance of Accounts (1, (f) Withdrawal prior to expiration of minimum requirements fixed by the CFR Part 563) for the following pur- term. In an emergency where it is neces- board of directors pursuant to subpara- poses: sary to prevent great hardship to the graphs (1), (2), (3), and (4) of this para- (1) To revise § 563.1 to provide thai holder of a fixed term savings deposit, graph and such additional requirements any State-chartered insured institutior a Federal association may pay, prior to as the board of directors may impose, may issue any certificate form: Provid- the expiration of the term, such savings except that the board of directors shall ed, That it has first submitted a copy oi deposit or the portion thereof necessary not authorize the issuance of accounts such form to the Corporation for ap- to meet such emergency: Provided,That evidenced by notice-account books pur- proval; that no insured institution shal before such payment may be made, the suant to subparagraph (2) of this para- issue any form of certificate which ha, depositor must sign an application de- graph unless the association's charter been disapproved in writing by the Cor- scribing fully the circumstances consti- contains the sentence specified in para- poration; that any insured institutio tuting the emergency which is deemed graph (b) of § 544.8 of this subchapter or may adopt a charter or bylaw amend- to justify the payment of the withdrawal, the charter provision set forth in para- ment affecting its securities or invest- which application shall be (1) approved graph (a) of § 545.1-3. ment contracts without prior approval by an officer of the association who shal.-, of the Corporation but that any such certify that, to the best of his knowledge (4) Split rates-(i) General. For any amendment must be transmitted to the and belief, the statements in such appli- dividend period for which the regular Corporation promptly after adoption; cation are true and (2) retained by the rate is less than the applicable maximum and that the Corporation reserves the association for a period of not less than 2 rate of return prescribed for regular right to require appropriate changes in years. In the event of an emergncy accounts in Part 526 of Subchapter B of charter, bylaw and certificate form pro- withdrawal as provided in this para- this Chapter V, the board of directors visions; graph, the depositor shall forfeit accrued may, by resolution, determine to dis- (2) To amend § 563.2 by eliminating and unpaid interest for a period of not tribute earnings at a rate higher than the requirement that the "simple form less than 3 months on the amount with- the regular rate on the balance of any of certificate" be approved by the Cor- drawn if an amount equal to the amount account in excess of such minimum bal- poration; withdrawn has been on deposit 3 months ance as shall be fixed by the board of (3) To add a new § 563.3-1 relating or more, and the depositor shall forfeit directors, which minimum balance shall to the issuance by State-chartered in- all accrued and unpaid interest on the not be less than $200, and at a rate or sured institutions of certificates evidenc- amount withdrawn if an amount equal rates in excess of such higher rate on to the amount withdrawn has been on such higher balance or balances as the ing accounts bearing a definite rate of deposit less than 3 months. In the case board of directors may prescribe, but return for fixed periods of time; and of emergency withdrawal of only a por- no rate so determined shall be in excess (4) To enlarge the provisions of § 563.- tion of any such savings deposit, the cer- of the applicable maximum rate of re- 7-1 to cover approval of savings deposits

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8906 RULES AND REGULATIONS accepted by Federal savings and loan as- to be a member of the institution, may issue certificates in such form, and (ii) sociations with a definite return and a issue a simple form of savings or invest- submitted a copy of such form of cer- definite maturity. ment certificate or a passbook, which tificate, together with a copy of such Accordingly, said Part 563 is hereby need not contain any membership cer- legal opinion, to the Federal Savings and amended, as follows, effective June 1, tificate or any statement of the dividend, Loan Insurance Corporation. 1969: withdrawal, or other rights of members. (c) Disclosure. Each certificate evi- 1. By revising § 563.1 to read as 3. By adding, immediately after § 563.3, dencing a fixed-rate, fixed-term account follows: a new § 563.3-1 to read as follows: accepted pursuant to the approval contained in paragraph (a) of this section § 563.1 Forms of certificates and pass- § 563.3-1 Fixed-rate, fixed-term ac- shall include in its provisions and dis- books; submission of forms of invest- counts. play in easily read type: ment contracts and bylaws; furnish- (a) General approval. A State-char- (1) The rate of interest to be paid and ing members with copy of charter and tered institution which, in accordance the dates or frequency at which interest bylaws. with State law, may accept accounts is payable; At the time of the application for in- bearing a definite rate of return for fixed (2) The amount of the fixed-rate, surance, every applicant (except a Fed- periods of time (hereinafter referred to fixed-term account; eral savings and loan association) shall as "fixed-rate, fixed-term accounts") (3) The term of the fixed-rate, fixed- submit to the Corporation for approval and whose board of directors has adopted term account; copies of all savings account, share, a resolution providing for the issuance of (4) The penalty or penalties imposed membership, stock and deposit certifi- sucli fixed-rate fixed-term accounts may, for withdrawal -prior to completion of cates, passbooks, and other forms of in- subject to the limitations contained in the fixed term or renewal; vestment contracts proposed to be is- paragraph (b) of this section and to the (5) Any provisions relating to renewal sued by the applicant as an insured in- disclosure provisions contained in para- at the conclusion of the fixed term; stitution; it shall also submit for such graph (c) of this section, issue certificates (6) Any provisions relating to the in- approval its charter, constitution, and evidencing such fixed-rate, fixed-term terest to be paid after the conclusion of bylaws, and all amendments thereto, af- accounts in such form as the board a fixed term or renewal; and fecting its securities and investment con- of directors of the institution may (7) A provision converting the fixed- tracts. No insured institution (except a determine. rate, fixed-term account at the conclu- Federal savings and loan association) (b) Limitations. In issuing certificates sion of a fixed term or renewal to the shall issue any form of savings accounts, evidencing fixed-rate, fixed-term ac- status of an account accepted for an in- share, stock, membership or deposit cer- counts pursuant to the approval con- definite period of time. tificates, passbooks, or other investment tained in paragraph (a) of this section, (d) Withdrawal prior to expiration of contract which has not been submitted no insured institution shall: term. A certificate issued by an insured to the Corporation for approval. -No in- (1) Provide for the payment of inter- institution may provide that, in an sured institution shall issue any such est on any fixed-rate, fixed-term account emergency where it is necessary to pre- form which has been disapproved in writ- in excess of the applicable maximum rate vent great hardship to the holder ofa ing by the Corporation. Any insured in- of return prescribed in Part 569 of this fixed-rate, fixed-term account, the institution which amends its charter, con- subchapter; stitution may pay, prior to the expiration stitution, or bylaws affecting its securities (2) Provide- for any forfeiture for of the term, such fixed-rate, fixed-term or investment contracts shall promptly br~ach of condition on the part of any account or the portion thereof necessary, transmit such amendments to the Cor- holder, other than loss of interest, or to meet such emergency: Provided, That poration for approval. Except with the partial loss thereof, for the term of the before such payment may be made, the written approval of the Corporation, no fixed-rate, fixed-term account or other holder must sigh an application describ- insured institution may issue or have specified time period; ing fully the circumstances constituting outstanding any class of insured account (3) Issue any negotiable form of cer- the emergency which is deemed to justify having preference, either as to time or tificate evidencing a fixed-rate, fixed- the payment of the withdrawal, which amount in the event of liquidation, over term account. - I application shall be (1) approved by an any other class of insured account; Pro- (4) Deny any member the opportunity officer of the institution who shall certify vided, That where there may be a change to invest at the same rate offered to any that, to the best of his knowledge and from one type of account to another, a other member at that-time on the same belief, the statements in such application reasonable time, to be determined by the classification of fixed-rate, fixed-term are true and (2) retained by the insti- Corporation, may be allowed to effect account; tution for a period bf not less than 2 such change. Each insured institution (5) Accept any fixed-rate, fixed-term years; and that, in the event of emer- shall cause a true copy of its charter and account for a term of less than 180 days gency withdrawal as provided in this bylaws and all amendments thereto to be or more than 5 years or in an amount paragraph, the holder shall forfeit ac- available to members at all times in each less than 1,000: Provided,That any fixed. crued and unpaid interest for a period of office of the institution, and shall upon rate, fixed-term account may be renewed, not less than 3 months on the amount request deliver to any member a copy of at the option of the institution, for suc- withdrawn if an amount equal to the such charter, constitution, bylaws, and cessive periods not exceeding 5 years for amount withdrawn has been on deposit amendments. each renewal; 3 months or more, and the holder shall (6) Provide for withdrawal from any forfeit all accrued and unpaid interest 2. By revising § 563.2 to read as on the amount withdrawn if an amount follows: fixed-rate, fixed-term account prior to the expiration of the fixed term, except equal to the amount withdrawn has been § 563.2 Simple form of certificate; pass- as provided in paragraph (d) of this on deposit less than 3 months. In the books. section; case of emergency withdrawal of only An insured mutual institution which, (7) Issue any fixed-rate, fixed-term a portion of any such fixed-rate, fixed- in accordance with State law, includes account which is subject to redemption; term account, the certificate evidencing in its charter, constitution, or bylaws a or such fixed-rate, fixed-term account shall clear provision that all shareholders are (8) Issue any form of certificate evi- be canceled, and, if the minimum balance continue members and shall share equally in earn- dencing a fixed-rate, fixed-term account requirements of this section ings and in assets (except for bonus pay- unless the institution has first (i) ob- to be met, a new certificate shall be is- ments under a bonus plan) pro rata to tained a written cpinion by its legal sued for the remaining portion of the paid-in value, plus credited dividends, counsel that such form .of certificate fixed-rate, fxed-tprm account with the and that the institution shall not directly complies with the requirements of ap- same term, rate, and dates as the original plicable law and regulations and the in- or indirectly charge any membership, ad- fixed-rate, fixed-term account. repurchase, withdrawal, or any stitution's charter, constitution and by- mission, 4. By amending § 563.7-1 to read as other fee or sum of money for the privi- laws, which opinion shall be retained by lege of becoming, remaining, or ceasing the institution so long as it continues to follows:

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 RULES AND REGULATIONS 8907

§ 563.7-1 Savings deposits or shares of zone is amended by deleting the last sen- establishment of instrument approach Federal savings and loan associations. tence and substituting therefor "This procedures in order to meet the safety' Savings deposits or shares of any control zone shall be effective during the requirements of modem day aviation Federal savings and loan association specific dates and times established in and to make more efficient use of the air- which are in compliance with the pro- advance by a Notice to Airmen. The ef- space possible. As a result, the criteria visions of paragraph (1) of subsection 'fective date and time will thereafter be for designation of controlled airspace for (b) of section 5 of the 1Home Owners' continuously published in the Airman's the protection of these procedures were Loan Act of 1933, the association's char- Information Manual." modified to conform to TERPS. The new ter, and the rules and regulations for the [P.R. Doc. 69-6539; Filed, June 3, 1969; criteria requires minor alteration of the Federal Savings and Loan System (Sub- 8:46 a.m.] transition area at Osceola, Wis. Action chapter C of this chapter), all as now or is taken herein to reflect this change. Since changes in most, if not all, hereafter in effect, relating to the type, [Airspace Docket No. 69-WE-271 form, return, and maturity thereof are, existing airspace designations are re- as to type (as referred to in subdivision PART 71-DESIGNATION OF FEDERAL quired in order to achieve the increased (c) of section 401 of the National Hous- AIRWAYS, CONTROLLED AIRSPACE, safety and efficient use of the airspace that TERPS is designed to accomplish ing Act) and form, return, and maturity AND REPORTING POINTS (as referred to in those parts of the third and since these changes are minor in sentence of subsection (b) of section 403 Alteration of Control Zone nature, notice and public procedure of said Act, which refer to the form, re- hereon have been determined to be both On April - turn, and maturity of securities), hereby 19, 1969, a notice of proposed unnecessary and impracticable. approved by the Corporation. rule making was published inm the FED- In consideration of the foregoing, ERAL REGISTER (34 F.R. 6698) stating that Part 71 of the Federal Aviation Regula- (Sees. 402, 403, 48 Stat. 1256, 1257, as the Federal Aviation Administration was amended; 12 U.S.C. 1725, 1726. Reorg. Plan tions is amended effective 0901 G.m.t., No. 3 of 1947, 12 F.. 4981, 3 CFR, 1943-1948 considering an amendment to Part 71 July 24, 1969, as hereinafter set forth: Comp., p. 1071) of the Federal Aviation Regulations that In § 71.181 (34 F.R. 4637), the follow- would alter the description of the Tor- ing transition area is amended to read: By the Federal Home Loan Bank Tance, Calif., control zone. OSCEOLA, WIS. Board. Interested persons were afforded 30 days in which to submit comments, sug- That airspace extending upward from 700 [SEAL] JACK CARTER, 1 gestions, or objections. No objections feet above the surface within a 6 /2-mile Secretary. have radius of Osceola Municipal Airport (lati- been received and the proposed tude 45°18'40" [P.R. Doc. 69-6556; Filed, June 3, 1969; amendment N., longitude 92°41'30" W.); is hereby adopted without and within 3 miles each side of the 114' 8:47 a.m.] change. bearing from Osceola Municipal 1 Airport, ex- Effective date. This amendment shall tending from the 6 /2 -mile radius to 8 miles southeast of the be effective 0901 G.m.t., July 24, 1969. airport; and that airspace extending upward from 1,200 feet above the Issued surface within 4y2 miles southwest and Title 14- AEONAUTICS AND in Los Angeles, Calif., on May ° 912 23, 1969. miles northeast of the 114 and 294 earlngs LEE E. WARREN, from Osceola Municipal Airport, extending SPACE from 6 miles northwest to 181 miles southeast Acting Director,Western Region. of the airport. Chapter I-Federal Aviation Admin- In § 71.171 (34 P.R. 4557) the descrip- istration,- Department of Transpor- (See. 307(a), Federal Aviation Act of 1958; tion of the Torrance, Calif., control zone 49 U.S.C. 1348; sec. 6(c), Department of tation is amended by deleting the last sentence Transportation Act; 49 U.S.C. 1655 (c)) [Airspace Docket No. 69-WF-261 and substituting therefor "This control zone shall be effective during the specific Issued in Kansas City, Mo., on May 16, PART 71-DESIGNATION OF FEDERAL dates and times established in advance 1969. AIRWAYS, CONTROLLED AIRSPACE, by a Notice to Airmen. The effective date EDWARD C. MARsH, _Direct9o CentralRegion. AND REPORTING POINTS and time will thereafter be continuously [F.R.,Doe. 69-6541; Filed, June 3, 1969; Alteration of Control Zone published in the Airman's Information 8;41 am.] Manual.", On April 19, 1969, a notice of proposed rule making was published in the FEDERAL [P.R. Doc. 69-6540; Filed, June 3, 1969; [Airspace Docket No. 68-CE-1051 REGISTER (34 F.R. 6697) 8,46 a.m.] stating that the PART 71-DESIGNATION OF FEDERAL Federal Aviation Administration was AIRWAYS, CONTROLLED AIRSPACE, considering an amendment to Part 71 [Airspace Docket No. 69-CE-32] of the Federal Aviation Regulations that AND REPORTING POINTS would alter the description of PART 71-DESIGNATION OF FEDERAL the Santa Designation of Transition Area; Monica, Calif., control zone. AIRWAYS, CONTROLLED AIRSPACE, Correction Interested persons were given 30 days AND REPORTING POINTS in which to submit written comments, On May 7, 1969, a final rule was pub- suggestions, or objections. No objections Alteration of Transition Area lished in the FEDERAL REGISTER (34 F.R. have been received and the proposed The purpose of this 'amendment to 7372), F.R. Do. 69-5418, which desig- amendment is nated a transition hereby adopted without Part 71 of the Federal Aviation Regula- area at West Bend, change. Wis. However, in line 6 of the designations is to alter the transition area at tion Effective date. This amendment shall the West Bend Municipal Airport Osceola, Wis. was incorrectly be effectlve 0901 Gan.t., July 24, 1969. referred to as the "Great U.S. Standard for Terminal Instru- Bend Municipal Airport". It should have Issued in Los Angeles, Calif., on ment Procedures (TERPS) became effec- read "West Bend Municipal Airport". May 23, 1969. tive November 18, 1967, and was issued Action is taken herein to make this LEE E. WARREN, correction. only after extensive consideration Acting Director, Western Region. and discussion with Government agencies Since this amendment is editorial in In § 71.171 nature and imposes no additional (34 P.R. 4557) the descrip- concerned and affected industry groups. burden tion of the Santa Monica, Calif., control on any person, notice and public pro- TERPS updates the criteria for the cedure hereon are unnecessary.

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, NO. 106-Pt, I_--3 1969 8908 RULES AND REGULATIONS

In consideration of the foregoing enzyme for optional use in other sections cthloride in a quantity not more than 0.02 P'Great Bend Municipal Airport", as set of Part 19 is not consistent with the ear- percent (calculated as anhydrous cal- forth in line 6 of the transition area lier provision for the use of "other safe cium chloride) of the weight of the milk, designation in F.R. Doc. 69-5418, is de- and suitable milk-clotting enzymes." In is added to set the milk to a semisolid leted and "West Bend Municipal Airport" the absence of a showing that such a mass." is substituted therefor. specific listing is necessary, no basis has 6. In § 19.590 Provolone cheese, the been established for rejection of the "safe third sentence of paragraph (b) is re- (See. 307(a), Federal Aviation Act of 1958; "Sufficient rennet, rennet 49 U.S.C. 1348; sec. 6(c), Department of and suitable" provision for optional milk- vised to read Transportation Act; 49 U.S.C. 1655(c)) clotting enzymes to be used in cheese- paste, extract of rennet paste, or other making. safe and suitable milk-clotting enzyme Issued in Kansas City, Mo., on May 16, Having considered the information that produces equivalent curd forma- 1969. submitted by the petitioner, the comment tion, singly or in any combination (with EDWARD C. MARsH, received, and other relevant material, the or without purified calcium chloride in Director, Central Region. Commissioner of Food and Drugs -con- a quantity not more than 0.02 percent, [P.R. Doc. 69-6542; Filed, June 3, 1969; cludes that it is reasonable and will pro- calculated as arhydrous calcium chlo- 8:46 am.] mote honesty and fair dealing in the in- ride, of the weight of the milk) is added terest of consumers to amend the stand- to set the milk to a semisolid mass." ards of identity for the above-listed 7. In § 19.591 Caciocavallo siciliano cheese varieties to permit use of all safe cheese, the third sentence of paragraph Title 21-FOOD AND DRUGS and suitable milk-clotting enzymes. (b) is revised to read "Sufficient rennet, of rennet paste, extract of rennet paste, or Chapter I-Food and Drug Adminis- Therefore, pursuant to the provisions the Federal Food, Drug, and Cosmetic other safe and suitable milk-clotting tration, Department of Health, Edu- Act (sees. 401, 701, 52 Stat. 1046, 1055 as enzyme that produces equivalent curd cation, and Welfare amended 70 Stat. 919, 72 Stat. 948; 21 formation, singly or in any combination (with or without purified calcium chlo- SUBCHAPTER B-FOOD AND FOOD PRODUCTS U.S.C. 341, 371) and under authority delegated to the Commissioner (21 CFR ride in a quantity not more than 0.OZ PART 19-CHEESES, PROCESSED 2.120) : It is ordered, That Part, 19 be percent, calculated as anhydrous calcium CHEESES, CHEESE FOODS, CHEESE amended: chloride, of the weight of the milk) is- added to set the milk to a semisolid mass." SPREADS, AND RELATED FOODS 1. In § 19.545 Brick cheese, the third sentence of paragraph (b) is revised to 8. In § 19.595 Parmesan chees6, the Certain Cheeses, Identity Standards; read "Sufficient rennet, or other safe and second sentence of paragraph (b) is re- Use of Additional Safe, Suitable suitable milk-clotting enzyme that pro- vised to read "Sufficient rennet, or other milk-clotting enzyme Milk-Clotting Enzymes duces equivalent curd formation, or safe and suitable both, with or without purified calcium that produces equivalent curd formation, In the matter of amending the stand- chloride in a quantity not more than 0.02 or both, with or without purified calcium ards of identity for brick cheese, muen- percent (calculated as anhydrous cal- chloride in a quantity not more than 0.02 ster cheese, edam cheese, limburger cium chloride) of the weight of the milk, percent (calculated as anhydrous calcium cheese, monterey cheese, provolone is added to set the milk to a semisolid chloride) of the weight of the milk, is cheese, caciocavallo siciliano cheese, mass." added to set the milk to a semisolid mass." parmesan cheese, mozzarella cheese, low 2. In § 19.550 Muenster cheese, the 9. In § 19.600 Mozzarella cheese, the moisture mozzarella cheese, romano third sentence of paragraph (b) is.re- third sentence of paragraph (b) is re- cheese, asiago fresh cheese, hard cheeses, vised to read "Sufficient rennet, or other vised to read "Liquid rennet, or other semisoft cheeses, semisoft part-skim safe and suitable milk-clotting enzyme safe and suitable milk-clotting enzyme cheeses, soft ripened cheeses, spiced that produces equivalent curd formation, that produces equivalent curd formation, cheeses, hard grating cheeses, and skim- or both, with or without purified cal- or both-may be added to aid in setting milk cheese for manufacturing (21 CFR cium chloride in a quantity not more the milk to a semisolid mass." 19.545, 19.550, 19.555, 19.575, 19.580, than 0.02 percent (calculated as an- 10. In § 19.605 Low moisture moz- 19.590, 19.591, 19.595, 19.600, 19.605, hydrous calcium chloride) of the weight zarella cheese, the third sentence of par-' 19.610, 19.615, 19.650, 19.655, 19.660, of the milk, is added to set the milk to a agraph (b) is revised to read "Rennet, 19.665, 19.670, 19.680, 19.685) to permit semisolid mass." rennet paste, extract of rennet paste, or optional use of the milk-clotting enzyme 3. In § 19.555 Edam cheese, the third other safe and suitable milk-clotting derived from Endothia parasitica, as sentence of paragraph (b) is revised to enzyme that produces equivalent curd well as the presently provided for rennet, read "Sufficient rennet, or other safe formation, singly or in any combination in cheesemaking: and suitable milk-clotting enzyme that (with or without purified calcium chlo- A notice of proposed rulemaking in produces equivalent curd formation, or ride in a quantity not more than 0.02 the above-identified matter 'was pub- both, with or without purified calcium percent, calculated as anhydrous calcium lished in the FEDERAL REGISTER of De- chloride in a quantity not more than 0.02 chloride, of the weight of the milk) is cember 27, 1968 (33 F.R. 19846), based percent (calculated as anhydrous cal- added to a~d in setting the milk to a semi- on a petition submitted by Charles Pfizer cium chloride) of the weight of the milk, solid mass." & Co., Inc., 235 East 42d Street, New York, is added to set the milk to a semisolid '11. In § 19.610 Romano cheese, the N.Y. 10017. The only comment received mass." third sentence of paragraph (b) is re- in response to the proposal favored its 4. In § 19.575 Limburger cheese, the vised to read "Rennet, rennet paste, ex- adoption. second sentence of paragraph (b) is re- tract of rennet paste, or other safe and In addition to the enzyme derived from vised to read "Sufficient rennet, or other suitable milk-clotting enzyme that pro- Endothia parasitica, certain other en- safe and suitable milk-clotting enzyme duces equivalent curd formation, singly zymes from microbial sources, as well as that produces equivalent curd formation, or in any combination (with or without the enzyme pepsin from swine, are recog- or both, with or without purified calcium purified calcium chloride in a quantity 0.02 percent, calculated as nized as safe and suitable for use in chloride in a quantity not more than not more than cheesemaking. The standards of identity 0.02 percent (calculated as anhydrous anhydrous calcium chloride, of the weight of the milk) is added to set the milk to for cheddar cheese, washed curd cheese, calcium chloride) of the weight of the be a semisolid mass." cheese, granular cheese, and swiss milk, is added to set the milk to la semi- colby mass,' cheese (§§ 19.500, 19.505, 19.510, 19.535, solid 12. In § 19.615 Asiago fresh cheese, 19.540) have previously been amended to 5. In § 19.580 Monterey cheese, the the third sentence of paragraph (b) is re- permit the optional use of other safe and second sentence of paragraph (b) is revised to read "Sufficient rennet, or other suitable milk-clotting enzymes that pro- vised to read "Sufficient rennet, or other safe and suitable milk-clotting enzyme duce equivalent curd formation to par- safe and suitable milk-clotting enzyme that 'produces equivalent curd forma- equivalent curd formation, tion, or both, with or without purified tially or completely replace rennet. The orthat both, produces with or without purified calcium proposal to list a specific milk-clotting calcium chloride in a quantity not more

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 RULES AND REGULATIONS 8909

than 0.02 percent (calculated as anhy- paragraph (b) is revised to read "Suffi- posing the establishment of a tolerance drous calcium chloride) of the weight of cient rennet, or other safe and suitable of 2 parts per million for residues of the the milk, is added to set the milk to a milk-clotting enzyme that produces plant regulator trifluralin in or on the semisolid mass." equivalent curd formation, or both, with raw agricultural commodity mung bean 13. In § 19.650 Hard cheeses, the or without purified calcium chloride in sprouts. third sentence of paragraph (b) is re- a quantity not more than 0.02 percent The Secretary of Agriculture has cer- vised to read "Sufficient rennet, rennet (calculated as anhydrous calcium chlo- tified that this pesticide chemical is use- paste, extract of rennet paste, or other ride) of the weight of the skim milk, is ful for the purposes for which the toler- safe and suitable milk-clotting enzyme added to set the skim milk to a semisolid ance is being established. that produces equivalent curd formation, mass." Based on consideration given the data singly or in any combination (with or Due to cross-references, the amend- submitted in the petition and other without purified calcium chloride in a ments herein to the above cited cheese relevant material, the Commissioner of quantity not more than 0.02 percent, standards, upon becoming effective, will FoQd and Drugs concludes that the tol- calculated as anhydrous calcium chio- have the effect of making other safe and erance established by this order will pro- - ride, of the weight of the milk) is added suitable milk-clotting enzymes, as well tect the public health. Therefore, pursu- to set the milk to a semisolid mass." as rennet, permitted ingredients of brick ant to the provisions of the Federal 14. In § 19.655 Semisoft cheeses, the cheese for manufacturing, muenster Food, Drug, afid Cosmetic Act (sec. 408 second sentence of paragraph (b) is re- cheese for manufacturing, gouda cheese, (d) (2), 68 Stat. 512; 21 U.S.C. 346a(d) vised to read "Sufficient rennet, rennet high-moisture jack cheese, part-skim (2)) and under authority delegated to paste, extract of rennet paste, or other mozzarella cheese, low moisture part- the Commissioner (21 CFR 2.120) § 120.- safe and suitable milk-clotting enzyme skim mozzarella cheese, asiago medium 207 is revised to read as follows to es- that produces equivalent curd formation, cheese, asiago old cheese, and part-skim tablish the above-mentioned tolerance: singly or in any combination (with or spiced cheeses (21 CFR 19.547, 19.551, 120.207 Trifluralin; tolerances for purified calcium chloride in a § without 19.560, 19.585, 19.601, 19.606, 19.620, residues. quantity not more than 0.02 percent, cal- 19.625, 19.675). Tolerances for residues of the herbi- culated as anhydrous calcium chloride, who will be adversely af- Any person cide and plant regulator trifluralin of the weight of the milk) is added to set fected by the foregoing order may at any the milk to a semisolid mass." (aa,a - trifluoro - 2,6 - dinitro - NN - di- time within 30 days from the date of its propyl-p-toluidine) in or on raw agri- 15. In § 19.660 Semisoft part-skim publication in the FEDERAL REGISTER file cheeses, the second sentence of para- cultural commodities are established as with the Hearing Clerk, Department of graph (b) is revised to read "Sufficient Health, Education, and Welfare, Room follows: rennet, rennet paste, extract of rennet 2 parts per million in or on mung bean Independence Avenue SW., paste, or other safe 5440, 330 and suitable milk- D.C. 20201, written objec- sprouts. -- clotting enzyme that produces equivalent Washington, tions thereto. Objections shall show 1 part per million in or on carrots. singly or in any com- curd formation, wherein the person filing will be ad- 0.2 part per million (negligible residue) or without purified cal- bination (with versely affected by the order and specify in or on alfalfa hay. cium chloride in a quantity not more with particularity the provisions of the 0.05 part per million (negligible resi- than 0.02 percent, calculated as anhy- order deemed objectionable and the due) in or on citrus fruits, cottonseed, drous calcium chloride, of the weight of cucurbits, forage legumes, fruiting vege- the milk) is added to set the milk to a grounds for the objections. If a hearing is requested, the objections must state tables, grapes, hops, leafy vegetables, semisolid mass." the issues for the hearing, and such ob- nuts, peanuts, root crop vegetables (ex- 16. In § 19.665 Soft ripened cheeses, cept carrots), safflower seed, seed and pod the second sentence of paragraph (b) is jections must be Supported by grounds legally sufficient to justify the relief vegetables,; stone fruits, 'sugarcane, and revised to read "Sufficient rennet, rennet sunflower seed. paste, extract of rennet paste, or other sought. Objections may be accompanied by a memorandum or brief in support Any person who will be adversely af- safe .and suitable milk-clotting enzyme fected by the foregoing order may at any that produces equivalent curd formation, thereof. All documents shall be filed in six copies. time within 30 days from the date of its singly or in any combination (with or publication in the FEDERAL REGISTER file without purified calcium chloride in a Effective date: This order shall become effective with the Hearing Clerk, Department of quantity not more than 0.02 percent, cal- 60 days from the date of its pub- Health, Education, and Welfare, Room culated as anhydrous calcium chloride, lication in the FEDERAL-REGISTER, except as to any provisions that may be stayed 5440, 330 Independence Avenue SW., of the weight of the milk) is added to set Washington, D.C. 20201, written objec- the milk to a semisolid mass." by the filing of proper objections. Notice of the filing of objections or-lack thereof tions thereto, preferably in quintupli- 17. In § 19.670 Spiced cheeses, the cate. Objections shall show wherein the third sentence of paragraph (b) is re- will be-announced by publication in the person filing will be adversely affected by vised to read "Sufficient rennet, rennet FEDERAL REGISTER. the order and specify with particularity paste, extract of rennet paste, or other (Sees. 401, 701, 82 Stat. 1046, 1055, as the provisions of the order deemed ob- safe and suitable milk-clotting enzyme amended, 70 Stat. 919, 72 Stat. 948; 21 U.S.C. jectionable and the grounds for the ob- that produces equivalent curd formation, 341, 371) jections. If a hearing is requested, the singly or in any combination (with or objections must state the issues for the without purified calcium chloride in a Dated: May 27, 1969. quantity not more than 0.02 percent, cal- hearing. A hearing will be granted if the J. K. KIRK, objections are supported by grounds culated as anhydrous calcium chloride, Associate Commissioner of the weight of -the milk) is added to for Compliance. legally sufficient t6 justify the -relief milk to a semisolid mass." sought. Objecti6ns may be accompanied set the [F.R. Doe. 69-6526; Filed, June 3, 1969; 18. In § 19.680 Hard grating cheeses, 8:45 am.] by a memorandum or brief in support the second sentence of paragraph (b) thereof. is revised to read "Sufficient rennet, rennet paste, extract of rennet paste, or PART 120-TOLERANCES AND EX- Effective date: This order shell become effective on the date of its pulitication in other safe and suitable milk-clotting EMPTIONS FROM TOLERANCES FOR the FEDERAL REGISTER. enzyme that produces equivalent curd PESTICIDE CHEMICALS IN OR ON formation, singly or in any combination (See. 408(d) (2), 68 Stat. 512; 21 U.S.C. 346a (with or without purified calcium RAW AGRICULTURAL COMMODI- (d) (2)) TIES chloride in a quantity not more than 0.02 Dated: May 27, 1969. percent, calculated as anhydrous calcium Trifluralin chloride, of the weight 'f the milk) is J. K. KnKu, added to set the milk to a semisolid A petition (PP 9F0801) was filed with Associate Commissioner mass." the Food and Drug Administration by for Compliance. 19. In § 19.685 Skim milk cheese for the Elancb Products Co, Division of Eli [PF Doc. 69-6531; Filed, June 3, 1969; manufactuing, the third sentence of Lilly & Co., Indianalfblis, Ina. 46206, pro- 8:45 am.]

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8910 RULES AND REGULATIONS.

PART 121-FOOD AD DITIVES cheese production where permitted by Dated: May 27, 1969. standards of identity established under J. K. KMuu, Subpart D-Food Additive s Permitted section 401 of the Federal Food, Drug, Associate Commissioner in Food for Human Conisumption and Cosmetic Act, except that the en- for Compliance. LATE zyme Bacillus cereus may not be used in SODuIU POLYMETHACR [F.R. Doc. 69-6527; Filed, June 3, 1969; ,the production of the standardized 8:45 a.m.] The Commissioner of Foodd and Drugs, cheeses identified by § § 19.540 and 19.542 having evaluated the data in a petition of the food standard regulations (21 CFR (FAP 9A2365) filed by W. R. Grace & 19.540, 19.542). PART 121-FOOD ADDITIVES Co., Dewey & Almy Chemi eal Division, Also published in this issue of the FED- 62 Whittemore Avenue, Cami3ridge, Mass. ERAL REGISTER is (1) an .order amending Subpart F-Food Additives Resulting 02140, and other relevant material, con- the standards of identity for 19 addi- From Contact With Containers or cludes that the food additivee regulations tional varieties of cheese to provide for Equipment and -Food Additives should be amended to providee for the safe the optional use of safe and suitable Otherwise Affecting Food use of sodium polymethacrylate as a milk-clotting enzymes and (2) a pro- boiler water additive in the preparation posal to amend those cheese standards n-ALKYL (C.-C ) BENZYLDIMETHYLAMI- of steam that will contact food. There- that now list only rennet to provide for IrONIUM CHLORIDE fore, pursuant to the provisions -of the optional use of other safe and suitable The Commissioner of Food and Drugs, Federal Food, Drug, and C3osmetic Act milk-clotting enzymes for cheesemaking. having evaluated the data submitted in (sec. 409(c) (1), 72 Stat. 17886; 21 U.S.C. Consistent with the "safe and suit- petitions (FAP 9H2358, 9H2383) filed by 348(c) (1)) and under authority dele- able" concept, as expressed in the food Onyx Chemical Co., Division of Millmas- gated to the Commission er (21 CFR standards, the Commissioner of Food and ter Onyx Corp., 190 Warren Street, Jer- 2.120), § 121.1088(c) is am ended by al- Drugs concludes it is unnecessary for sey City, N.J. 07302, and by Sterling Drug, phabetically inserting in th .e list a new § 121.1199 to specify the particular Inc., 90 Park -Avenue, New York, N.Y. item, as follows: cheese production in which these milk- ,10016, and other relevant material, con- § 121.1088 Boiler water additives. clotting enzymes may be used. - cludes that the food additive regulations Therefore, pursuant to the provisions should be amended to provide for the safe of the Federal Food, Drug, and-Cosmetic use of n-alkyl(C,-Cn) dimethylben- (c) List of substances: Act (sec. 409(d), 72 Stat. 1787; 21 U.S.C. zylammonium chloride in sanitizing solu- Limitations 348(d)) and under authority delegated tions on food-processing equipment and * * to the Comnissioner (21 CFR 2.120, utensils. Therefore, pursuant to the pro- Sodium polymethacrylate .... § 121.1199(d) is revised to read as visions of the Federal Food, Drug, and * * * follows: Cosmetic Act (see. 409(e) (1), 72 Stat. Any person who will be adversely af- § 121.1199 Fermentation-derived, milk- 1786; 21 U.S.C. 348.(c)(1)) and under fected by the foregoing order may at any clotting enzyme. authority delegated to-the Commissioner time within 30 days from ti he date of its (21 CFP 2.120) § 121.2547is amended by publication in the FEDERAL REGISTER file adding a new subparagraph to paragraph -with the Hearing Clerk, Deepartment of (d) The additive is used in an amount (b) and to paragraph (e), as follows: required Health, Education, and Weelfare, Room not in excess of the minimum 121.2547 Sanitizing solutions. effect in the § 5440, 330 Independence Avenue SW., to produce its intended * * * * * for which it Washington, D.C. 20201, written objec- production of those cheeses (b)*** tions thereto, preferably n quintupli- is permitted by standards of identity es- cate. Objections shall show wherein the tablished pursuant to section 401 of the (9) An aqueous solution containing n- person filing will be adver sely affected act. alkyl (C,_-C 3 ) benzyldimethylammonium. by the order and specify with particu- Notice and public procedure are not chloride compounds having average larity the provisions of the order deemed -necessary prerequisites to this promul- molecular weights of 359-380 and con- objectionable and the grolinds for the gation since the amendment herein re- sisting principally of alkyl groups with objections. If a hearing is requested, the laxes existing requirements. 12-16 carbon atoms with or without not objections must state the issues for the Any person who will be adversely af- over 1 percent each of groups with 8 and hearing. A hearing will be granted if the fected by the foregoing order may at any 10 carbon atoms. objections are supported by grounds time within 30 days from the date'of its (C) * * * legally sufficient to justify the relief publication in the FEDERAL REGISTER file (6) Solutions identified in paragraph sought. Objections may be accompanied with the Hearing Clerk, Department of (b) (9) of this section shall provide when by a memorandum or brie,f in support Health, Education, and Welfare, Room ready to use no more than 200 parts thereof. per million of the active quaternary 5440, 330 Independence Avenue SW., compound. Effective date: This order shall become Washington, D.C. 20201, written objec- * * * * * effective on the date of its 1publication in tions thereto, preferably in quintuplicate. Any person who will be adversely af- the FEDERAL REGISTER. 21 U.S.C. 348 Olijections shall show wherein the per- fected by the foregoing order may at any (See. 409(c) (1), 72 Stat. 1786; son filing will be adversely affected by time within 30 days from the date of its (c) (1)) the order and specify with particularity publication in the FEDERAL REGISTER file Clerk; Department of Dated: May 2'I, 1969. the provisions of the order deemed ob- with the Hearing Health, Education, and Welfare, Room J.K jectionable and the grounds for the ob- Associate Comimissioner jections. If a hearing is requested, the 5440, 330 Independence Avenue SW, for C7ompliance. objections must state the issues for the Washington, D.C. 20201, written objections thereto, preferably in quintuplicate. [P.R. Doc. 69-6530; Filed, June 3, 1969; hearing. A hearing will be granted if the Objections shall show wherein the person 8:45 a.m.] objections are supported by grounds filing will be adversely-affected by the legally sufficient to justify the relief order and specify with particularity the PART 121-FOOD AlDDITIVES sought. Objections may be accompanied provisions of the order deemed objectionable and the grounds for the objections. Subpart D-Food Additiv es Permitted by a memorandum or brief in support If a hearing is requested, the objections in Food for Human Co nsumption thereof. must state the issues for the hearing. A hearing will be granted if the objections shall become FERmENTATION-DERIVED, v ILX-CLOTTING Effective date: This order are supported by grounds legally suffi- effective on the date of its publication in ENzYmE cient to justify the relief- sought. Objec- Section 121.1199 provide, for the safe the FEDERAL REGISTER. tions may be accompanied by a memo- use of certain milk-clottin g enzymes in (Sec. 409(d), 72 Stat. 1787; 21 U.S.C. 348 (d;1) randum or brief in support thereof.

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 RULES AND REGULATIONS 8911

Effective date: This oider shall become of Health, Education, and Welfare, Room the record of disposition but -provide effective on the date of its publication 5440, 330 Independence Avenue SW., that the assistant regional commissioner in the FEDERAL REGISTER. Washington, D.C. 20201, written objec- may in writing require that such in- (See. 409(c) (1), 72 Stat. 1786; 21 U.S.C. 348 tions thereto, preferably in quintupli- formation be shown; and by inserting an (c) (1)) cate. Objections shall show wherein the additional citation of authority. Dated: May 27, 1969. person filing will be adversely affected by PAR. 3. As a result of changes - the order and specify with particularity in §§ 194.225 and 194.226 the need for J. K. KR, the provisions of the order deemed ob- proposed new § 194.226a no longer exists. Associate Commissioner jectionable and the grounds for the ob- Therefore, the proposed new § 194.226a for Compliance. jections. If a hearing is requested, the and paragraph 3a- of the notice are objections must state the issues for the deleted. [FR. Doe. 69-6528; Filed, June 3, 1969; hearing. A hearing will be granted if the 8:45 a. objections are supported by grounds PAR. 4. Paragraph 4 of the notice is changed by revising § 194.227 with re- legally sufficient to justify the relief spect to the marking and filing of voided PART 121-FOOD ADDITIVES sought. Objections may be accompanied invoices. by a memorandum or brief in support PAR. 5. The notice is changed by in- Subpart F-Food Additives Resulting thereof. serting a new paragraph 10a. From Contact With Containers or Effective date: This order shall become PAR. 6. Paragraph 13 of the notice is Equipment and Food Additives effective on the date of its publication in renumbered paragraph 12. Otherwise Affecting Food the FEDERAL REGISTER. PAR. 7. As a result of a change made by Treasury Decision 7002, the need to RUBBER ARTICLES INTENDED FOR REPEATED (se. 409(c) (1), 72 Stat. 1786; 21 U.S.C. 348(c) (1)) amend § 194.283 no longer exists. There- USE fore, the proposed changes set forth in The Commissioner of Food and Drugs, Dated: May 27, 1969. paragraph 14 of the notice ar6 deleted, and § 194.283 will not be amended. having evaluated the data in a petition J. K. Knum, - (FA6P 9B2392) filed by Hazleton Labora- Associate Commissioner This Treasury decision shall become tories, Inc., Post Office Box 30, Falls for Compliance. effective on the first day of the first Church, Va. 22046, and other relevant [F.R. Doc. 69-6529; Filed, June 3, 1969; month which begins not less than 30 material, concludes that the description 8:45 a.m.] days after the date of its publication in of the tri(nonylphenyl) phosphite-for- the FEDERAL REGISTER. maldehyde resins identified in § 121.2562 (This Treasury decision is issued under the (c) (4) (lii) should be changed to provide .Title authority contained in sec. 7805 of the In- for an alternate method of manufacture 26-INTERNAL REVENUE -ternal Revenue Code (68A Stat. 917; 26 U.S.C. of such resins and to specify a minimum 7805)) viscosity of 20,000 centipoises rather Chapter I-Internal Revenue Service, [SEAL] WILLm H. SiaTH, than the presently prescribed range of Department of the Treasuri 20,000-30,000 centipoises. Therefore, pur- Acting Commissioner suant to the provisions of the Federal SUBCHAPTER E-ALCOHOL, TOBACCO AND of Internal Revenue. Food, Drug, and Cosmetic Act (see. 409 OTHER EXCISE TAXES Approved: May 28, 1969. (c) (1), 72 Stat. 1786; [T.D. 7014] 21 U.S.C. 348(c) EDWIN S. COHEN, (1)) and under authority delegated to Assistant Secretary the Commissioner PART 194-LIQUOR DEALERS (21 CFR 2.120), § 121.- of the Treasury. 2562(c) (4) (iti) is amended by changing Miscellaneous Amendments the item "Tri(nonylphenyl) phosphite- In order to: (1) Prescribe the use of formaldehyde resins * * to read as On January 17, 1969, a notice of pro- serially numbered commercial invoices follows: posed rule making -to amend 26 CFR as records of receipt and disposition; (2) Part 194 was published in the FEDERAL § 121.2562 Rubber provide that assistant regional comnis- articles intended for REGISTER (34 F-R. 755). In accordance repeated use. sioners may relieve wholesale liquor with the notice, interested persons • * * * * were dealers of the requirement for recording afforded an opportunity to submit writ- case serial numbers on records Cc) * * * of receipt ten comments or suggestions pertaining and disposition, until otherwise (4) * * * notified; thereto. After consideration of all rele- (3) prescribe that wholesale liquor (iII) Antioxidants and antiozonants vant matter presented and further study dealers' reports on Form 338 shall be (total not to exceed 5 percent by weight of the proposed amendments, the regu- filed semiannually instead of monthly; of rubber product). lations in 26 CFR Part 194 as published (4) permit assistant regional commis- in the FEDERAL REGISTER (34 F.R. 755) are sionets to authorize the preparation of Tri(nonylphenyl) phosphite-formal- hereby adopted, subject to the following recapitulation records at intervals less changes: dehyde resins produced when 1 mole of frequent than daily; and (5) make cer- tri(nonylphenyl) phosphite is made to PARAGRAPH 1. Paragraph 2 of the no- tain editorial and clarifying changes, the react with 1.4 moles of formaldehyde or ticd is changed by revising paragraph regulations in 26 CFR Part 194 are produced when 1 mole of nonylphenol is (a) of § 194.225 (1) to provide that a amended as follows: made to react with 0.36 mole of formal- separate record may be maintained of PARAGRAPH 1. Section 194.221 is .dehyde and the reaction product is then the name of the producer o bottler of amended by deleting specific instruc- further reacted with 0.33 mole of phos- the spirits, (2) to delete the requirement tions for preparing records and reports phorus trichoride. The fnished resins that serial numbers of cases be shown as such instructions are contained in, have a minimum viscosity of 20,000 cen- in the record of receipt but provide that or have been transferred to, other sec- tipoises at 250 C., as determined by LV- the assistant regional commissioner may tions. As amended, § 194.221 reads as series Brookfield viscometer (or equiva- In writing require that such informa- follows: lent) using a No. tion be shown, and (3) to provide that 4 spindie-at 12 r.p.m., § 194.221 General requirements as to and have an organic phosphorus content where the recording of serial numbers is distilled spirits. of 4.05 to 4.15 percent by weight. required, they may be shown on support- • * * * * ing documents attached to the record Except as provided in §§ 194.223 and of receipt; and by inserting an additional 194.224, every wholesale dealer in liquors Any person who will be adversely citation of authority. shall, daily, prepare records of the physi- affected by the foregoing order may cal receipt and at PAR. 2. Paragraph 3 of the notice is disposition, as prescribed in §§ 194.225 and 194.226, respectively, any time within 30 days from the date of changed by revising paragraph (a) of of distilled spirits by him, and shall, daily, its publication in the FEDERAL REGISTER § 194.226 to delete the requirement that fie with the Hearing Clerk, Department prepare a recapitulation tecord, as pre- serial numbers of cases be shown in scribed in § 194.230, showing the total

FEDERAL REGISTER, VOL. 34, NO; 106-WEDNESDAY, JUNE 4, 1969 RULES AND REGULATIONS wine gallons if in bottles, or proof gal- keeps available for inspection a separate with the name and address of the whole-. lons if in packages, of distilled spirits list or record identifying "kind" with sale dealer. Each sheet or page shall received and disposed of during the day. the brand name, (5) number of pack- bear a preprinted serial number, or page (72 Stat. 1342, 1395; 26 U.S.C. 5114, 5555) ages, if any, and number of cases by size serial numbers may be affixed in un- of bottle, (6) the serial numbers of broken sequence during the preparation PAR. 2. Section 194.225 is amended by packages, and (7) where required in writ- or processing of the records. A serial prescribing consignors' invoices (or the ing by the assistant regional commis- number shall not be duplicated within a consignees' memorandtm receiving rec- sioner, serial numbers of the cases. Where period of 6 months. ords) and credit memorandums as the the recording of serial numbers is re- (72 Stat. 1342; 26 U.S.C. 5114) record of receipt. As amended, § 194.225 quired, they may, if desired, be shown reads as follows: on supporting documents attached to the PAR. 6. Section 194.229 is amended to § 194.225 Records of receipt. record of disposition. Additional infor- provide that the Director, Alcohol and mation may also be shown. Tobacco Tax Division, may also author- (a) Informationrequired. Every whole- (b) Form of record. The record pre- ize variations in type of record, and to 'sale dealer in liquors shall maintain a scribed by paragraph (a) of this section recognize the use of data processing daily record of the physical receipt of shall consist of the wholesale dealer's in- equipment. As amended, § 19'4.229 reads each individual lot or shipment of dis- voices (or, where such invoices are not as follows: tilled spirits, which record shall show available at the time the spirits are re- (1) name and address of consignor, (2) § 194.229 Variations in format, or moved, memorandum shipping records preparation, of records. date of receipt, (3) brand name, (4) name prepared at the time of removal of the of producer or bottler, except that this (a) A-'thorization. The Director may distilled spirits) which contain all re- approve variations in the type and for- may be omitted if the dealer keeps avail- quired information. Each such invoice mat of records of receipt and disposi- able for inspection a separate list or (or memorandum shipping record) shall tion, or in the methods-of preparing such record identifying the producer or bottler be preprinted with the name and address varia- with the brand name, (5) kind of spirits, of the wholesale dealer in liquors and records, where it is shown that except that this may be omitted if the tions from the requirements are neces- shall be serially numbered in cpnsecutive dealer -keeps available for inspection a order. The wholesale dealer may start a sary in order to use data processing separate list or record identifyifig "kind" new series of such numbers annually, or, equipment, other business machines, or and will not with the brand name, (6) quantity ac- on approval of the assistant regional existing accounting systems, (1) unduly hinder the effective admin- tually received (showing number of pack- commissioner, more frequently. ages, if any, and nulnber of cases by size istration of this part, (2) jeopardize the of bottle, aild explaining any difference (72 Stat. 1342, 1395; 26 U.S.C. 5114, 5555) revenue, or (3) be contrary to any pro- from the quantity shown on the com- PAR. 4. Section 194.227 is amended vision of law. A dealer who proposes to mercial papers covering the shipment), with regard to the manner in which rec- employ such a variation shall submit and (7) serial numbers of packages, and ords of receipt and disposition will be written application so to do, in tripli- (8) where required in writing 'by the canceled or corrected. As amended, cate, to the assistant regional commis- assistant regional commissioner, serial § 194.227 reads as follows: - sioner. Such- application shall describe numbers of case.. Where the recording of § 194.227 Canceled or corrected records. the proposed variations and set forth serial numbers is required, tley may, if the need therefor. The assistant regional desired, be shown on supporing docu- Entries on the records of receipt and commissioner will determine the need ments attached to the record of receipt. disposition prescribed by §§ 194.225 and for the variations, and whether approval Additional information may also be 194.226 shall not be erased or obliterated. thereof would unduly hinder the effec- shown. Correction or deletion of any entry shall tive administration of this part or result (b) Form o1 record. The record pre- be accomplished by drawing a line in jeopardy to the revenue. The assistant scribed by paragraph (a) of this section through such entry, and making appro- regional commissioner will forward two shall consist of consignors' invoices (or, priate correction or explanation.- If a copies of the application to the Director where such invoices are not available on wholesale dealer in liquors voids an in- together with a report of his findings the day the shipment is received, memo- voice for any reason, the "Government and his recommeridation. Variations In randum receiving records prepared on File Copy" prescribed in § 194.240 .shall type and format of records or methods the day of receipt of the distilled spirits), be marked "Canceled" ahd be filed as of preparation shall not be employed and credit memorandums covering dis- provided in that section; all remaining until approval is received from the tilled spirits returned to the dealer, which copies of the voided invoice shall be Director. contain all required information. Each destroyed or similarly canceled and filed. (b) Requirements. Any information such invoice (or memorandum receiving If a new invoice is prepared, the serial required by this part to be kept or filed is record) and credit memorandum shall be number thereof shall be noted on all subject to the provisions of law and this numbered by the consignee dealer in the retained copies of the canceled invoice. part relating to required records and re- sequence of the physical receipt of the (72 Stat. 1342; 26 U.S.C. 5114) ports, regardless of the form or manner spirits covered thereby.- The, consignee in which kept or fied. dealer may start a new series of such PAR. 5. Section 194.228 is amended to PAR. 7. Section 194.230 is amended to numbers annually, or on approval of the provide that a wholesale dealer may con- provide that assistant regional commis- assistant regional commissioner, more tinue to use his previously approved rec- sioners, alcohol and tobacco tax, may frequently. ords of receipt and disposition, and a authorize the preparation of recapitula- related change is made in the section (72 Stat. 1342, 1395; 26 U.S.C.-5114, 5555) tion records at intervals less frequent heading. As amended, § 194.228 reads as than daily. As amended, § 194.230 reads PAR. 3. Section 194.226 is amended by follows: as follows: prescribing the wholesale dealer's in- § 194.228 Previously prescribed or ap- § 194.230 Recapitulation records. voices (or memorandum shipping rec- proved records 'of receipt and dis- ords) as the records of disposition. As position. Every wholesale dealer in liquors shall, amended, § 194.226 reads as follows: daily, prepare a recapitulation record A wholesale dealer in liquors may con- showing the total quantities of distilled § 1§4.226 Records of disposition. tinue to use records of receipt and dis- spirits received and disposed of during (a) Informationrequired. Every whole- position in a format- previously pre- the day: Provided, That, upon applica- sale dealer in liquors shall prepare a daily scribed, or approved for him, provided tion, and on his finding that preparation record of the physical disposition of each he 'gives written notice of such intent of the recapitulation daily is not neces- individual lot of distilled spirits, which to the assistant regional commissioner. sary to law enforcement or protection of record shall show (1) name and address Such records shall show the information the revenue, the assistant regional com- of consignee, (2) date of disposition, (3) required by paragraph (a) of § 194.225 missioner may authorize a dealer to pre- brand name, (4) kind of spirits, except or paragraph (a) of § 194.226, as appli- pare such record less frequently until that this may be omitted if the- dealer cable. Such records shall be preprinted otherwise notified. The assistant regional

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 RULES AND REGULATIONS . 8913

commissioner's authorization shall spec- bear the following declaration signed by departments. The retail department need ify the intervals at which the recapitula- the dealer or his authorized agent: not be maintained in a separate room, or tion shall be prepared and shall provide I declare under the penalties of perjury be partitioned off from the wholesale that the authorization may be withdrawn that this report, consisting of - pages, has department, but the retail department if, in the opinion of the assistant regional been examined by me and to the best of my shall in fact be separate from the whole- commissioner, preparation of a daily knowledge and belief Is a true, correct, and sale department. recapitulation by the dealer is necessary complete report of all the transactions which occurred during the period covered thereby, (b) Where retail sales of distilled to law enforcement or to protection of spirits normally represent 90 percent or the revenue. and each entry therein s correct. PAR. 8. The center heading 'Daily and If in any case the assistant regional corn- sold, the dealer may, in lieu of the recordh Monthly Reports" immediately preceding missioner shall so authorize, the reports, required by § 194.225, keep records as pre- § 194.231 is deleted. in lieu of being filed daily, may be filed scribed in § 194.239 for all retail dealer, for such periods and PAR. 9. In order to provide for the fil- at such times as he in liquors, and all distilled spirits at theS ing of the wholesale liquor dealer's re- may deem necessary in the interest of premises may be considered as havinE port, Form 338, semiannually instead of the Government, or, upon application, been received in the dealer's retail de- monthly and to delete extraneous ma- and a finding by the assistant regional partment. In addition, as prescribed b3 terial, § 194.232 is deleted and §§ 194.231 commissioner that such reporting is not § 194.226, he shall prepare records oJ and 194.233 are amended to read as necessary to law enforcement or protec- disposition on all distilled spirits sold al follows: tion of the revenue,, he may relieve a wholesale, and shall prepare recapitula- dealer from the requirement of prepar- tion records of such spirits, § 194.231 Wholesale as prescribed liquor dealer's ing and submitting such daily or periodic in § 194.230. Distilled spirits which have semiannual report, Form 338. reports on Forms 52A and 52B until been considered as having been received As of the close of business on June 30 otherwise notified, in the retail department, and which ar f and December 31 of each year, every (68A Stat. 749, 72 Stat. 1342; 26 U.S.C. 6065, involved in a wholesale transaction, shall wholesale dealer in liquors who is re- 5114) be considered as having been transferred quired to keep the records prescribed in Section 194.237 is amended to to the wholesale department at the time § 194.221 shall prepare, on Form 338, in 10a. Sof sale. The semiannual report on Form duplicate, a report showing the total conform the requirements regarding the 338 shall be submitted in accordance quantities of distilled spirits received and reporting of serial numbers to the lib- with the provisions of § 194.231, even ii disposed of during the 6-month period eralized amendments to §§ 194.225 and there have been no wholesale transac- ending on such day. If there were no re- 194.226. As amended, § 194.237 reads as tions in distilled spirits. Unless relieved ceipts or disposals of distilled spirits dur- follows: of the requirement, pursuant to applica- ing the period, Form 338 shall be pre- § 194.237 Serial numbers of containers. tion under § 194.234, the dealer shall sub- pared showing the quantity on hand the Serial numbers of packages of distilled mit 'daily or periodic reports on Forms first day of the period and the quantity spirits received, or disposed of, shall be 52A and 52B of all his wholesale liquor on hand the last day of the period and on Form 52A or Form 52B un- dealer transactions in distilled spirits marked "No transactions during reported period." less the omission of such serial numbers The dealer's wholesale department need The original of Form 338 shall be filed is specifically authorized by the assistant not be maintained in a separate room or with the assistant regional commissioner regional commissioner. Serial numbers be partitioned off from the retail not later than the 10th day of the month of cases of distilled spirits received, or department. succeeding the period for which ren- disposed of, shall be reported on Form (72 Stat. 1342, 1345, 1395; 26 U.S.C. 5114, 5124, dered, and the copy shall be retained by the dealer. 52A or Form 52B by any wholesale dealer 5555) who has been required, pursuant to PAR. 12. Section (72 194.240 is amended by Stat. 1342; 26 U.S.C. 5114) §§ 194.225 and 194.226, to record such changing the section heading to include § 194.232 [Deleted.] serial numbers in his records of receipt reference to the time of filing specified and disposition. records and to delete the word § 194.233 Discontinuance of business. "loose- PAR. 11. Section 194.238 is amended to leaf," and by making a clarifying re- When a wholesale dealer in liquors dis- conform to the change in the period for statement of the text. As amended, continues business as such, he shall which Form 338 is filed, as set forth in § 194.240 reads as follows: render Form 338, covering transactions § 194.231,-to delete extraneous material, from the first day of the 6-month period and to make conforming changes in sec- § 194.240 Time and manner of filing (referred to in § 194.231) -in which busi- tion references. As amended, § 194.238 records of receipt and disposition. ness is discontinued, through the date of reads as follows: One legible copy of each record of re- such discontinuance, mark such report § 194.238 Requirements when wholesale ceipt and each record- of disposition re- "Final", and file the form with the assist- dealer in liquors maintains a retail quired by this subpart shall be marked ant regional commissioner within 10 days department. or stamped as "Government File Copy," of the date of such discontinuance. and shall be filed chronologically, and (a) When a (72 Stat. 1342; 26 U.S.C. 5114) wholesale dealer in liquors in numerical sequence within each date. maintains a separate department on his Where the chronological filing of the PAR. 10. Section 194.234 is amended to premises for the retailing of distilled record of disposition disarranges the include the waiver of filing daily or spirits, he shall, except as provided in numerical sequence to such an extent periodic reports on Forms 52A and 52B, paragraph (b) of this section, at the that the sequence of numbers cannot be transferred from § 194.221, and to sim- time distilled spirits are transferred to readily traced, a control record shall be plify the instructions foZ filing such re- the retail department, prepare a record, maintained by the wholesale dealer, ports. As amended, § 194.234 reads as as prescribed in § 194.226, showing such which shall key the numerical sequence follows: disposition. Where it is necessary in the of the records to their respective dates. §194.234 Daily reports, Forms 52A filling of an order to transfer distilled Government file copies shall be filed not and 52B. spirits from the retail department to the later than the close of the business day wholesale department, a record showing' next succeeding that on which the trans- Except as provided in §§ 194.223 .and receipt in the wholesale department action occurred. Separate files shall be 194.224, every wholesale dealer in liquors shall be prepared as prescribed in maintained for records of receipt and shall prepare and submit, daily, a report § 194.225, and the entire wholesale sale for records of disposition. Supporting on Form 52A of all distilled spirits re- shall be entered on a record of disposi- documents such as delivery receipts, and ceived by him, and on Form 52B of all tion in the same manner as any other bills of lading may be filed in accordance distilled spirits disposed of by him. The disposition from the wholesale depart- with the wholesaler's customary practice. ment. The provisions reports shall be filed with the assistant of this subpart. relating to submission of reports on (72 Stat. 1342; 26 U.S.C. 5114) regional commissioner or-other officer Forms 52A and 52B are applicable to all [F.H. Doe. 69-6570; Filed, June 3, 1969; designated by him. Each report shall transfers between wholesale and retail 8:48 am.]

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8914 RULES AND REGULATIONS

genic effects in human subjects. The har- The bacteria shall be harvested from a Title 42- PUBLIC HEALTH vested bacteria shall be free of extrane- 5- to 6-hour-culture grown at 36±10 C. ous bacteria, fungi and yeasts, as demon a nutrient agar medium which shall Chapter I-Public Health Service, De- onstrated by microscopic examination have been seeded from a 16- to 20-hour partment of Health, Education, and and cultural methods. culture grown at 36°±10° C. on a nutrient Welfare (c) Bacterial content. (1) The num- agar medium, and the harvested bacteria ber of bacteria in the concentrate of har- SUBCHAPTER F-QUARANTINE, INSPECTION, then shall beimiformly suspended in sa- LICENSING vested bacteria shall be estimated not line. The suspension, freed from agar later than 2 weeks after harvest and be- particles and clumps of bacteria and ad- PART 73-BIOLOGICAL PRODUCTS fore any treatment capable of altering justed to an opacity of 10 units, shall be the accuracy of the estimate. diluted in saline by 10-fold increments. Additional Standards; Typhoid (2) The number of S. typhosa bac- The suspensions for the challenge and Vaccine and Limits of Potency teria in the vaccine shall not exceed 109 virulence titration doses shall be put into On November 9, 1968, a notice of rule per nil. a sterile gastric mucin preparation, The making was published in the FEDERAL (d) Nitrogen content. The total nitro- challenge suspension shall be prepared REGISTER (33 F.R. 16452-16454) propos- gen content of the vaccine shall not ex- from whichever bacterial dilution pro- ing to amend Part 73 of the Public Health ceed 0.035 mg./ml. for nonextracted bac- vides about 1,000 colony forming units Service Regulations by prescribing spe- teria preparations and shall not exceed for an 0.5 ml. challenge dose. The viru- cific standards of safety, purity, and po- 0.023 mg./ml. for acetone-extracted bac- lence titration suspensions shall be 101, tency for Typhoid Vaccine, and by pre- teria preparations. 102, and 10' dilutions respectively of the scribing the required potency for Ty- (e) Preservative.Aqueous vaccine and challenge suspension. phoid Vaccine and Tetanus Immune the solution for recbnstitution supplied (3) Each mouse inoculated with vac- Globulin (Human). with dried vaccine shall contain a pre- cine shall be injected intraperitoneally Views and arguments respecting the servative. Dried vaccine shall not con- with an 0.5 ml. dose of the challenge sus- proposed standards were invited to be tain a preservative. pension. Each mouse in the four groups submitted within 30 days after publi- § 73.413 Potency test. of control mice shall be injected intra- cation of the notice in the FEDERAL REG- peritoneally with an 0.5 ml. dose of the The number of potency units per milli- challenge suspension and its three dilu- isrsm, and notice was given of intention liter shall be estimated for each lot of to make any amendments that were tions, respectively. The challenge dose adopted effective 60 days after the date vaccine from the results of simultaneous control mice shall be injected last. The mouse protection tests of the vaccine un- interval between removal of the bacteria of their publication in the FEDERAL and of the U.S. Standard REGISTER. der test from the culture medium and the injec- Typhoid Vaccine. The test shall be per- tion of the last mouse shall not exceed After consideration of all comments formed as follows: submitted, the following amendment to 2/2 hours. Part 73 of the Public Health Service (a) Mice. Healthy mice shall be used, (d) Recording the results. The mice all from a single strain and of the same shall be observed daily for 3 days. A rec- Regulations is hereby adopted to become sex, or an equal nuinber of each sex in effective 60 days after the date of publi- ord shall be maintained of the number of each group, with individual weights be- mice that die. A record of the number of cation in the FEDERAL REGISTER. tween 13 and 16 grams. A system of ran- 1. Part 73 is hereby amended by add- mice that survive shall be made at the domization shall be used to distribute end of the observation period. ing to the table of contents in numerical the mice into the groups, with respect to sequence, the following: (e) Validity of the test. The test is shelf position and to determine the order valid provided: (1) the ED= of the vac- ADDrnioTAL STANDARDS: TrPHom VAccnqE of challenge. There shall be at least three cine under test and the Standard Vac- of no less than 16 mice Sec. groups consisting cine is between the largest and smallest 73.410 Proper name and definition. each, for each vaccine. In addition, there doses inoculated into the mice; (2) the 73.411 U.S. Standard preparations. shall be at least four groups consisting limits of one standard deviation of the 73.412 Production. of no less than 10 mice each, for con- EDt of each vaccine fall within the range "73.413 Potency test. trol- purposes; one group for the chal- of 61 percent to 163 percent; (3) a graded '73.414 General requirements. lenge dose and three groups for titrating - is obtained In rela- 73.415 Equivalent methods. protective response the virulence of the challenge dose. tion to the vaccine dilutions; (4) the dose 2. Part 73 is hereby amended by adding (b) Inoculation of vaccine. (1) Serial response curves of the vaccine under test the following after § 73.406: dilutions, no greater than 5-fold, of the .and the standard vaccine are parallel; vaccine to be tested and of the standard (5) the challenge dose contains approxi- AnDITIONAL -STANDARDS: TYPHOID vaccine shall be made in saline (0.85 per- VAcCINE mately 1,000 colony forming units; and cent sodium chloride solution). The mid- .(6) the LDn of the challenge dose con- § 73.410 Proper name and definition. dilution of each vaccine shall contain tains no more than 10 colony forming that amount of vaccine which will afford units. The proper name of this product shall protection to approximately 50 percent of be Typhoid Vaccine which shall be an (f) Repeat tests. If the test does not the mice. Each mouse in each group for meet the criteria prescribed in paragraph aqueous or dried preparation of killed inoculation shall be injected intraperi- Salmonellatyphosa bacteria. (e) of this section, repeat tests may be toneally with 0.5 mil. of the appropriate performed, and the combined results of § 73.411 U.S. Standard preparations. dilution. all tests shall meet the paragraph (e) (a) The U.S. Standard Typhoid Vac- (2) The interval between inoculation criteria,' except that the limits of one cine shall be used for determining the of the vaccine and challenge shall be no standard deviation of the ED. shall be potency of Typhoid Vaccine. less than 7 days nor more than 14 days. reduced in proportion to the total num- (b) The U.S. Opacity Standard shall At least 87.5 percent of the mice in each ber of mice in a test group. Tests estab- be used to adjust the opacity of the sus- group shall survive the period between lished as invalid pursuant to section 73.70 pension from which the challenge cul- vaccine inoculation and challenge and may be disregarded. ture is prepared. each mouse challenged shall appear (g) Estimate of the potency. The EDr4 healthy. of each vaccine shall be- calculated by a § 73.412 Production. (c) The challenge. (1) The challenge method that provides an estimate of the (a) Strain of bacteria. Strain Ty 2 of culture of Strain Ty 2 of S. typhosa for standard deviation. The protective unit Salmonella typhosa shall be used in the each test shall be taken from a batch of value per milliliter of the vaccine under manufacture of Typhoid Vaccine. -cultures maintained by a method, such 'as freeze-drying, that retains constancy test shall be calculated in terms of the (b) Propagationof bacteria.The cul- unit value of the standard vaccine. ture medium for propagation of S. ty- of virulence. phosa shall not contain ingredients (2) The challenge'and virulence titra- (h) Potency requirements. The vac- known to be capable of producing aller- tion doses shall be prepared as follows: cine shall have a potency of 8 units per

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 -RULES AND REGULATIONS 8915

(Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. vation of natural beauty and open space milliliter. Variations in potency unit es- 851, 58 Stat. 702, as amended; 42 acceptable provided the es- 21. See. values, and the prevention of uneconomic timates are U.S.C. 262). development of flood plains. timate is not less than 5.0 units per use and milliliter. Dated: April 25, 1969. (b) Inclusion in patents of suitable conditions or restrictions on the use of § 73.414 General requirements. ROBERT Q. MARSTON, the land, in those situations where a are based Director, tract of land is suitable for disposal but (a) Dose. These standards NationalInstitutes of Health. on a human adult dose of 0.5 nml. for a has been evaluated as having a flood single injection and a total immunizing Approved: May 28,1969. hazard potential which may cause eco- dose of two injections of 0.5 ml. given at nomic loss to improvements or may ROBERT H. FINCH, endanger human life. If inclusion of appropriate intervals. Secretary. (b) Labeling. In addition to the items needed conditions or restrictions in the required by other applicable labeling [F.R. Doe. 69-6581; Filed, June 3, 1969; deed are not permitted by law, the tract provisions of this part, the package label 8:49 am.] may be withheld from disposal to avoid shall state that the vaccine contains 8 suclilossei. units per milliliter. (c) Samples; protocols; oficial re- Title 43-PUBLIC LANDS: 2. In § 1725.3-3, paragraph (j) is lease. For each lot of vaccine, the fol- amended to read as follows: lowing material shall be submitted to the Director, Division of Biologics Standards, INTERIOR § 1725.3-3 Components of multiple use Institutes of Health, Bethesda, management. National Chapter II-Bureau of Land Man- * * * * * Md. 20014: agement, Department of the Interior (1) A sample of no less than 40 ml. of (j) Preservation of public values. the product distributed in no less than SUBCHAPTTR A-GENERAL MANAGEMENT Management of public land for preser- four containers. (1000) vatiof of public values that would be (2) A protocol which consists of a sum- [Circular 2259] lost if the land passed from Federal of manufacture of ownership involves the protection, reg- mary of the history, PART 1720-PROGRAMS AND each lot including all results of each test ulated use, and development of any pub- for which test results are requested OBJECTIVES lic lands having unique or scarce char- by the Director, Division of Biologics Subpart 1725-Program Policy acteristics or site values in a manner to Standards. insure their continued availability to The product shall not be issued by the FLOOD HAZARDS the general public, either national or manufacturer until notification of official 14709 and 14710 of the FED- local, temporarily or permanently. It On pages the prevention of avoidable release is received from the Director, ERAL REGISTER of October 2, 1968, there also involves Division of Biologics Standards, for each were published a notice and text of pro- losses and damage, including avoidance of use and development which may re- filling lot of dried vaccine and for each amendment to Subpart 1725 of posed quire future expenditures for flood pro- bulk lot of aqueous vaccine. Title 43, Code of Federal Regulations. tection and flood damage relief. § 73.415 Equivalent methods. The purpose of the amendment is to implement Executive Order 11296, Au- [FP.. Doc. 69-6537; Filed, June 3, 1969; Modification of any particular manu- gust 10, 1966, which directed Federal 8:46 a.m.] facturing method or process or the con- agencies to evaluate flood hazards in ditions under which it is conducted as set with lands or properties pro-- relat- connection APPENDIX-PUBLIC LAND ORDERS forth in the additional standards posed for disposal to non-Federal public ing to Typhoid Vaccine, shall be per- instrumentalities or private interests [Public Land Order 4664] mitted whenever the manufacturer pre- and, where desirable, to attabh appro- [Utah 6443] sents evidence that demonstrates the priate restrictions to the use of the lands modification will provide assurances of or properties by the purchaser and his UTAH purity, and potency 'of the the safety, successors, or to withhold such lands or National Forest Rec- vaccine-that are equal to or greater than Withdrawal for properties from disposal. Interested per- reation Area Partial Revocation of the assurances provided by such stand- sons were given 30 days within which to ards, and the Director, National In- submit comments, suggestions or objec- Public Land Order No. 4567 stitutes of Health, so finds and makes tions to the proposed amendment. No - By virtue of the authority vested in such finding a matter of official record. comments, suggestions or objections have the President and pursuant to Executive 3. Section 73.82 is hereby amended by been received. The proposed amendment Order No. 10355 of May 26, 1952 (17 F.R. adding the potency limits for Tetanus is hereby adojted without change and is 4831), it is ordered as follows: Immune Globulin (Human) and for set forth below. This amendment shall 1. Subject to valid existing rights, the Typhoid Vaccine and revising that sec- become effective on publication in the following described national forest lands tion to read as follows: FEDERAL REGISTER. are hereby withdrawn from -appropria- § 73.82 Limits of potency. WALTER J. HICKEL, tion under the mining laws (30 U.S.C., of the following products Secretary o1 the Interior. ch. 2), but not from leasing under the The potency mineral leasing laws, in aid of programs shall be not less than that set forth below MAY 28, 1969. and products dispensed in the dried state of the Department of Agriculture: shall represent liquid products having 1. In § 1725.2, paragarph (a) is UINTA NATIONAL FOREST amended, existing paragraphs (b), (c), the stated limitations. SALT LAXE MERIDIAN (d), and (e) are renumbered (c), (d), ANTIBODIES (e), and (f) and a new paragraph (b) is Hawthorne Campground (addition) Diphtheria Antitoxin, 500 units per milliliter. added,-as follows: T. 8. S., R. 5 E., Scarlet Fever Streptococcus Antitoxin, 400 Sec. 11, SW NW/- NE/ . units per milliliter. §1725.2 Disposal policy. 4 4 4 Tetanus Antitoxin, 400 units per milliliter. Containing 10 acres. Tetanus Immune Globulin (Human), 50 (a) Encouragement and assistance 2. Public Land Order No. 4567 of Jan- units of tetanus antitoxin per milliliter. will be extended to State, county, and uary 16, 1969, so far as it withdrew the ANTIGEN local -governments in master planning following described lands from appro- Pertussis Vaccine, 12 units per total human and zoning. They will be encouraged to priation-inder the mining laws in aid immunizing dose. utilize the best modern techniques for of programs of the Department of Agri- Typhoid Vaccine, 8 units per milliliter. quality land utilization, including preser- culture, is hereby revoked:

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 No. 106--Pt. I----4 8916 RULES AND REGULATIONS

UINTA NATIONAL FOREST § 131.2 Definitions. or association, or meets.at least one of SALT LAKE LIERIDIAN As used in this part- the following requirements: Hawthorne Campground (a) "Act" means the Higher Educa. i) It is an institution with respect to, tion Act of 1965 (Public Law 89-329, as which the Commissioner has determined T. 8. S., R. 5 E., that there is satisfactory Sec. 11, NEy NWI/ NE/ . amended, 79 Stat. 1219, 20 U.S.C. 1001 assurance, con- 4 4 4 et seq.). sidering the resources available to the Containing 10 acres. (b) "Basic grant" means a grant made institution, the period of time, if any, 3. At 10 a.m. on July 3, 1969, the lands pursuant to section 202 of the Act. during which it has operated, the effort described in paragraph 2 shall be open (c) "Branch" means a campus of an it is making to meet accreditation to such forms of disposal as may by law institution of higher education which standards, and the purpose for which be made of national forest lands. is located in a State but in a community this determination is being made, that different from that of the parent institu- the institution will meet the accredita- HARRISoN LOESCH, tion and beyond a reasonable commuting tion standards of such an agency or Assistant Secretary of the Interior. distance from the main campus and organization within a reasonable period MAY 28, 1969. which has college level programs for of time. which library facilities, services, (ii) It is an institution with respect [F.R. Doc. 69-6535; Filed, June 3, 1969; and ma- to 8:46 aam.] terials are necessary. which the Commissioner determines I (d) "Combination of institutions" that there is satisfactory assurance that means a group of institutions of higher upon acquisition of the library resources education that have entered into a co- with respect to which assistance under Title 45-PUBLIC WELFARE operative arrangement for the purpose this part is sought, or upon acquisition of carrying out a common of those resources and other library re- Chapter I-Office of Education, De- objective on their behalf or a public or private non- sources planned to be acquired within partmenf of Health, Education, and profit agency, organization, or institu- a reasonable time, the institution will Welfare tion designated or created by a group of meet the accreditation standards of such institutions of higher education agency or association. PART 131-COLLEGE LIBRARY RE- for-the purpose of carrying out a common objec- (iii) It is an ihstitution whose credits SOURCES PROGRAM UNDER TITLE tive for the benefit of said institutions. are accepted, on transfer, 'by not less II-A, HIGHER EDUCATION ACT OF (e) "Commissioner" means the U.S. than three institutions which are so 1965, AS AMENDED Commissioner of Education. accredited, for credit on the same basis (f) "Fiscal year" means as if\transferred from an institution so Sec. the period beginning on July 1 and ending on the accredited. 131.1 Applicability. (j) "Joint-use 131.2 Definitions. f6llowing June 30 and is designated by library facilities" means 131.3 Program purposes. the calendar year in which the fiscal year those library facilities, services, or mate- 131.4 Ineligible purposes. ends. rias provided by and for the use of a 131.5 Eligible applicants. . (g) "Full-time equivalent of the num- combination of institutions of higher 131.6 Application for-grants. ber of part-time students" is to be de- education. 131.7 Content of applications. termined (k) "Library materials" means books, 131.3 by dividing the total number of Criteria for review of applications for credit periodicals, documents, magnetic tapes, supplemental grants. hours of part-time students by the student-hour load required by the in- phonograph records, audiovisual mate- 131.9 Criteria for review of applications for rials, cataloging special purpose grants. stitution for full-time student standing. materials, ana other 131.10 Disposition of applications. (h) "Full-time student" means a stu- printed and published materials which 131.il Amount of grant. dent who is carrying a sufficient number are suitable for inclusion in the library 131.12 Availability of grant funds. of credit hours or their equivalent (in- resources of institutions of higher edu- 131.13 Payment procedures. cluding research or special studies) to cation and which (with the exception of 131.14 Effect of Federal payments. secure the degree oT certificate toward periodicals and newspapers) with rea- 131.15 Fiscal accounting and auditing which he is working in no more than sonable care and use may be expected to procedures. last for more than 1 year. 131.16 Retention of records. the number of semesters or terms nor- Such term 131.17 Reports. mally taken therefor at the institution also includes necessary first binding of in which he is enrolled. such printed and published materials, AUTHRToar: These regulations issued under (i) "Institution of higher education" but shall not include equipment or sees. 202, 203, 204 and 1203(a), 79 Stat. 1224, supplies. 1225, 1226, and 1270, as amended. means an educational institution in any State which meets all of the following (1) "Library purposes", as applied to § 131.1 Applicability. criteria: expenditures, means expenditures for the maintenance The regulations in this part apply to (1) It admits as regular students only and operation of libraries, grants made by the Commissioner persons having a certificate of gradua- such as salaries, wages, supplies, mate- pur- rials, suant to his authority under Title f1-A of tion from a school providing secondary and equipment. Such term does not education, include expenditures for construction, the Higher Education Act of 1965, as or the recognized equivalent of such a certificate. -acquisition, expansion or improvement of amended. Such grants are also subject (2) It is legally authorized within such buildings, initial equipment therefor, site to the requirements of Title VI of the State to provide a program of education acquisition, or other capital expenditures. Civil Rights Act of 1964, approved July 2, beyond secondary education. (m) "New institution of higher edu- 1964 (Public Law 88-352, 78 Stat. 252, 42 (3) It provides at least one of the cation" (in fiscal year 1970 and there- U.S.C. 2000d et seq.). Section 601 of that following types of programs: after) means an educational institution in any State which meets Act provides that no person in the United (i) An educational program for which all of the fol- it awards a bachelor's degree: lowing criteria: States shall, on the ground of race, color, (ii) A program of not less than 2 (1) It can demonstrate to the Com- or national origin, be excluded from par- years which is acceptable for full credit missioner that it has undertaken pro- ticipation in, be denied the benefits of, toward a bachelor's degree; cedures preparatory to the enrollment or be subjected to discrimination under (iii) A program of not less than 1 of students in the fiscal year following the any program or activity receiving Fed- year of training to prepare students for fiscal year for which a grant is requested. eral financial assistance. Therefore, Fed- gainful employment in a recognized oc- cupation. (2) It proposes to enroll as regular eral financial assistance pursuant to this (4) It is a public or other nohiprofit students only persons having a certifi- part is subject to the regulation in 45 institution. cate of graduation from a school pro- CPR Part 80. (20 U.S.C. 1021-8, 42 (5) It is either accredited by a na- viding secondary education, or the rec- U.S.C. 20O00d et seq.) tionally recognized accrediting agency ognized equivalent of such a certificate.

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 RULES AND REGULATIONS 88917

(3) It is presently, or can demonstrate brary use, including bound periodical quested the applicant institution or that it will by the time of the proposed volumes and nonperiodical Government branch, either individually'or as a mem- enrollment, be legally authorized within documents. ber of a combination, has also applied such State to provide a program of edu- (20 U.S.C. 1021-4, 1026, 1027, and 1141) for and is eligible to receive a basic grant cation beyond secondary education. in excess of $1,500 for or on behalf of (4) It proposes to provide in the year § 131.3 Program purposes. -such institution or branch. in which it intends to first enroll st- Funds appropriated under title II, part (c) Special purpose grant. The fol- dents at least one of the following types- A of the Act may be used by the Commis- lowing are eligible to apply for a special of programs: sioner to make grants to eligible appli- purpose grant: (i) An educational program for which cants to assist them in the acquisition (1) Types A and B-- it awards a bachelor's degree; of books and other materials to be used (i) An institution of higher education, (ii) A program of not less than 2 years for library purposes. Such grants may be (ii) A branch of an institution of which is acceptable for full credit toward made in the following manner: higher- education; Provided, That in any' a bachelor's degree; (a) Not more than 75 percent of such fiscal year each institution of higher edu- (iii) A program of not less than 1 year appropriation may be used for basic cation or branch thereof may apply for of training to prepare students for, gain- grants; either a special purpose type A or type B ful employment in a recognized occupa- (b) Not more than 15 percent of such grant, but not for both. tion. appropriation may, be used for special (2) Type C- (5) It is organized as a public or other purpose grants for either: (i) A combination of institutions of nonprofit institution. (1) Meeting a special need for addi- higher education. (6) It is an institution with respect to tional library resources which will make (20 U..C. 1022, 1023(a), and 1024(a) (2)) which the Commissioner has determined a substantial-contribution to the quality that there is satisfactory assurance, con- - of an institution's educational resources § 131.6 Application for-graxits. sidering the resources available to the (hereinafter referred to as type A); , An application for a basic, supple- institution (including assistance under (2) Meeting special national or re- mental, or special purpose grant shall be this program), the length of time the gional needs in the library and informa- submitted on forms prescribed by the institution has legally been in existence, tion not used for basic or special purpose Commissioner on or before the date an- the effort it Is making to fieet accredita- -type B) ; or nounced by him for each fiscal year. The tion standards, and the purpose for which (3) Establishing. and strengthening application shall be executed by, an in- this determinration is being made, that joint-use facilities (hereinafter referred dividual authorized to act C) ; for the appli- the institution will meet the accredita- to as type cant. Applications from branches of tion standards of a nationally recognized (c) The remainder of such appropria- institutions shall be submitted to the accrediting agency or association within tion not used for basic or special pur- Commissioner only through the parent a reasonable period of time. pose grants may be used for supple- institution. Applications and requests for (n) "Nonprofit institution" means an mental grants. information shall be sent to the Director, institution owned and operated by one (20 U.S.C. 1022, 1023 (a), and 1024(a)) Division of Library Programs, Bureau of or more nonprofit corporations or asso-- Adult, Vocational, and Library Programs, ciations, no part of the net earnings of § 131.4 Ineligible purposes. U.$. Office of Education, Washington, which inures, or may lawfully inure, to No grants may be made under this D.C. 20202. the benefit of any private shareholder or part for'library mdterials to be used- (20 U.S.C. 1022, 1023(a), and-1024(b)) individual. (a) For sectarian instruction or re- (o) "School or department of divin- ligious worship; § 131.7 Content of applications. ity" means an institution of higher edu- (b) Primarily in connection with any (a) Applications for a basic grant. All cation or a department or branch of such part of a program of a school or depart- an institution whose program is specifi- applications for a basic grant shall con- ment of divinity; and tain information sufficient to enable the cally for the education of students to pre- (c) Primarily in connection with any pare them to become ministers of reli- Commissioner to determine- -medical library or related scientific com- (1) The eligibility of the applicant gion, to enter upon some other religious munication instrumentality which is eli- vocation, or to prepare them to teach pursuant to § 131.5 of this part and the gible for assistance under the Medical civil rights regulation in 45 CFR Part 80; theological subjects. Library Assistance Act of 1965 (Public (p) "Special purpose grant" means a Law 89-291, 42 U.S.C. 280b et seq.). (2) That the applicant will expend grant made pursuant to section 204 of during the fiscal year for which the grant the Act. (20 U.S.C. 1027, 42 U.S.C. 280(b) et seq.) is requested (from funds other than (q) "State" means, in addition to the § 131.5 Eligible applicants. funds received under this part) for all several States of the Union, Puerto Rico, library purposes an amount not less than District of Columbia, Guam, American (a) Basic grant.The following are eli- the average annual amount it expended Samoa, and the Virgin Islands. gible to apply for a basic grant: for such library purposes during the fis- (r) "Supplemental grant" means a (1) An institution of higher education cal years 1964 and 1965 or during the 2 grant made pursuant to section 203 of on its own behalf, fiscal years preceding the fiscal year for the Act. (2)" An institution of higher education which the grant is requested, whichever (s) "Total institutional expenditures" on behalf of a branch, is the lesser; ,means expenditures for the maintenance (3) A combination of institutions of (3) That the applicant will expend for and operation of institutions 5f higher higher education, all library purposes an amount (from education, including those for adminis- (4) For fiscal year 1970 and thereaf- funds other than funds received under tration, instruction, research, extension ter, a new institution of higher educa- this part) equal to not less than the and public services, libraries, operation tion, as defined in § 131.2(m); Provided, amount of such grant; That such institution shall be eligible for and maintenance of physical plant. Such (4) That the applicant will expend only one basic grant as a new institution term shall not include expenditures for of higher education. during the fiscal year for which the grant construction, acquisition, expansion, or is requested (from funds other than improvement of buildings, initial equip- (b) Supplemental grant. The follow- funds received under this part) for ment therefor, site acquisition, or other ing are eligible to apply for a supple- library materials an amount not less capital expenditures. mental grant: than the average amount it expended for (t) "Volume" means any printed (1) An institution of higher education, such materials during fiscal years 1964 typewritten, handwritten, mimeo- (2) A branch of an institution of and 1965 or during the 2 fiscal years pre- graphed, or processed work contained in higher education, ceding the fiscal year for which the grant one binding or portfolio, hardbound or (3) A combination of Institutions of is requested, whichever is the lesser; paperbound, which- has been classified, higher education: Provided, That in the (5) That the applicant will, comply cataloged, or otherwise prepared for li- fiscal year for which the grant is re- with the requirements in §§ 131.15,

FEDERAL .REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8918 RULES AND REGULATIONS

131.16, and 131.17 relating to fiscda ac- cal lear for which the grant is requested (3) Adequacy of staff, equipment, and counting and auditing procedures, re- (from funds other than funds received facilities; tention of records and reports. under this part) for the same purpose as (4) Use or availability of a separate (b) Application for a supplemental such grant an amount from such other joint-use storage facility for special col- grant. All applications for a supplemen- sources equal to not less than 333 per- lection or infrequently used library tal grant shall contain information' cent of such grant; materials; sufficient to enable the Commissioner to (5) The relative priority of the appli- (5) Availability of a published cata- determine- cation in light of the criteria, applicable log of, or other guide to, materials; (1) The eligibility of the applicant to grants type A, type B, or type C, as (6) Maintenance of cooperative cata- pursuant to § 131.5 of this part and the appropriate, which the Commissioner loging services; _ civil rights regulation in 45 CFR Part has established with the advice of the (7) Recency of organization of the 80; Advisory Council on College Library Re- combination, as well as the date on which (2) That the applicant will expend sources and set forth in § 131.9; and it commenced activities involving the during the fiscal year for which the grant (6) That the applicant will comply joint use of library facilities, services, or is requested (from funds other than with the requirements in §§ 131.15, 131.- materials. funds received under this part) for all 16, and 131.17 relating to fiscal account- (20 U.S.C. 1025(b)) library purposes an amount not less than ing and auditing procedures, retention the average annual amount it expended of records, and reports. § 131.10 Disposition of applications. for such library purposes during the fis- (20 U.S.C. 1022, 1023, and 1024) On the basis of his review of an ap- cal years 1964 and 1965 or during the 2 plication, the Commissioner will either fiscal years preceding the fiscal year for § 131.8 Criteria for review of applica- (a) approve the application either in tions for supplemental grants. which the grant is requested, whichever whole or in part or (b) disapprove the is the lesser; The following criteria will be applied application. Disapproval of an applica- (3) That the applicant will expend by the Commissioner in approving appli- tion will not preclude its resubmission in during the fiscal year for which the cations for supplemental grants: a subsequent fiscal grant is requested (from funds other year. The Commis- (a) Degree of deficiency in the num- sioner will notify the applicant in than funds received under writ- this part) for ber of volumes of the applicant's library ing of the disposition of the applica- library materials an amount not less in relation to the present, and expected tion. Where trie Commissioner awards a than the average amount it expended for increase in, student enrollment and the grant, the grant award document shall such materials during fiscal years 1964 type of institution or branch applying' be and 1965 or during the 2 fiscal years pre- deemed to include the provisions of for a grant; these regulations and shall, in addition, ceding the fiscal year for which the grant (b) Amount of'decrease in the average is requested, whichever is the lesser; set forth the grant amount and any per student expenditure for library other terms and conditions upon which (4) (i) The size and quality of the materials due to an increase in student library resources of the applicant in re- the grant is made. enrollment; lation to its present enrollment and any (20 U.S.C. 1022, 1023, and 1024) (c) Recency of the establishment of expected increase in its enrollment, (i) the library collection; § 131.11 Amount of grant. any special circumstances which are im- (d) Number of doctoral programs; (a) Basic grant. The amount of a peding or will impede the proper develop- (e) Amount of increase in average ment of its library resources and (lii) basic grant may not exceed $5,000 for percentage of total institutional expend- each eligible applicant. In the case of how a supplemental grant would be used itures allocated to all library purposes. to improve the size or quality of its an application from a combination of library resources; (20 U.S.C. 1023(b) and -1025(b)) institutions, the amount of the basic (5) The relative priority of the appli- § 131.9 Criteria for review of applica- grant may not exceed $5,000 for each cation in light of the criteria established tions for special purpose grants. member institution or branch on whose by him with the advice of the Advisory behalf the application is filed. Council on College Library Resources and The following criteria will be applied (b) Supplemental grant. The amount set forth in § 131.8; by the Commissioner in approving ap- of a supplemental grant may not exceed (6) That the applicant will comply plications for special purpose grants: $10 for each full-time student (includ- with the requirements in §§ 131.15, 131.- (a) Type A grant. (1) Amount of in- ing the full-time equivalent of the num- 16, and 131.17 relating to fiscal account- crease in number of degree programs ber of part-time students) enrolled in ing and auditing procedures, retention offered;' the applicant institution or branch ex- of records, and reports. (2) Establishment of a special in- cept that, where an application is made (c) Applications structional or research center; both by a parent institution and a branch for a special purpose (3) Establishment of additional li- grant. All applications for a special pur- thereof, the number of students enrolled pose grant shall contain information suf- brary facilities; in the branch may not be considered in (4) Other demonstrated special li- ficient to enable the Commissioner to computing the amount of the grant for determine- brary needs. the applicant parent institution. In the (1) The eligibility of- the applicant (b) Type B grant. (1) Existence of a case of an application from a combina- comprehensive collection pursuant to § 131.5 of this part and the serving a spe- tion of institutions of higher education, Civil Rights Regulation in 45 CFR Part cial regional or national need which re- the amount of the supplemental grant 80; quires expansion; may not exceed $10 for each full-time (2) Availability of a published (2) Whether the purpose for which cata- student (including the full-time equiva- the grant is requested is one log of or other guide to such collection; lent of the number of part-time students) of the three (3) Accessibility to such collection purposes set forth in § 131.3; enrolled in each eligible member insti- (3) That the applicant will expend through a nationally recognized and available bibliography; tution: Provided, however, That, where during the fiscal year for which the grant a member institution has also applied for is requested (from funds other than (4) Extent of interlibrary loan and received in the same fiscal year a funds received under this part) for all activity; library purposes an amount not less than (5) Number of registered borrowers supplemental grant on its own-behalf, the average annual amount it expended eligible to use such collection. the number of students so enrolled may for such library purposes during the fis- (c) Type C grant. (1) Scope and na- not be counted in computing the amount cal years 1964 and 1965 or during the 2 ture of combination's activities (includ- of the grant for the combination. fiscal years preceding the fiscal year ing highest level of degree offered by (c) Special purpose grant.The special for which the grant is requested, which- each institution) in connection with a purpose grant will ever is the lesser; special collection or infrequently used be in such amount or (4) That the applicant (or applicants library materials; amounts as the Commissioner may de- jointly in the case of a combination of. (2) Number of member institutions .termine. institutions) will expend during the fis- in the combination; (20 U.S.C. 1022,1023 (a), and 1024)

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 RULES AND REGULATIONS 8919 § 131.12 Availability of grant funds. § 131.17 Reports. Title 47-TELECOMMUNICATION Grant funds shall be available to the The grantee shall submit to the Com- grantee for expenditure for a period of 1 missioner such fiscal and program re- Chapter I-Federal Communications year following the close of the fiscal year ports as he may require and in the Commission quantity and at the time stated in the in which the grant was made. 'or pur- [FCC 69-587] poses of this section, an expenditure shall report schedule which will be set forth be determined In accordance with the in the grant award document. The PART 73-RADIO BROADCAST grantee's customary fiscal and account- grantee shall also submit periodically to SERVICES ing practices. the State agency concerned with the educational activities of all institutions Order Regarding Submission of Dates (20 U.S.C. 1022 and 1023 (a)) of higher education in the State, if any, and Times of Field Intensity Meas- § 131.13 Payment procedures. reports of its activities under this urements in Connection With Stand- Federal payment will be made in ac- program. ard Broadcast Applications cordance with the regulations in this (20 U.S.C. 1022, 1023 (a), and 1028) and the grant award document. In the matter of Amendment of Part part PETER P. MUIRHEAD, '13 of the Commission's rules to require (20 U.S.C. 1021,1022, 1023, and 1024) Acting U.S. submission of dates and times of field Commissioner of Education. § 131.14 Effect of Federal payments. intensity measurements in connection with standard broadcast applications. - Neither the approval of a grant nor ,Approved: May 28, 1969. -ROBERT H. FINCH, 1. The results of standard broadcast any payment to a grantee shall be groundwave field intensity measurements deemed to waive the right of the Com- Secretary o1 Health, Education, and Welfare. taken and analyzed in accordance with missioner to withhold or recover the the present technical standards may be grant funds by reason of the failure of ['.R. Doc. 69-6580; Filed, June 3, 1969; sky- 8:49 a.m.] substantially affected by residual -the grantee to comply with any require- wave interference and apparent ground ments of the Act, the regulations,_ or conductivity changes occurring sea- the terms and conditions set forth in the Chapter X-Office of Economic sonally. Such data submitted with appli- grant award document. Opportunity cations involving directional antenna (20 U.S.C. 1022,1023, and 1024) systems may be questionable because of § 131.15 Fiscal accounting and auditing PART 1070-COMMUNITY ACTION time-related environmental conditions. procedures. 2. Most engineering consultants in- Subpart-Grantee Public Meetings clude in the tabulation of field intensity (a) Fiscal accounting. The grantee and Hearings measurements information as to the shall maintain clearly identifiable ac- PROGRAM GRANTEE OPERATIONS dates and time periods measurements counts, records, and other evidence re- were made. It is believed that this should ferred to in § 131.16 in accordance with Paragraph (a) of § 1070.2-3 Public be incorporated into the rules as a stand- generally accepted accounting proce- meetings after grant of assistance, is re- ard requirement, thereby minimizing dures used by the grantee. vised to read as follows: time-consuming correspondence and ex- Each grantee (b) Auditing records. Public meetings' after grant pediting the processing of applications. for an § 1070.2-3 shall make appropriate provision of assistance. 3. Authority for the adoption of the audit of program expenditure records. amendment herein is contained in sec- Such records and the reports of the (a) This subpart implements the ie- tions 4(), 303(f), 303(r), and 319(c) of audits thereof shall be made available quirement for public meetings in sections the Communications Act of 1934, as for inspection and audit by the auditors 213(a) and 213(b) of the Economic Op- amended. or other authorized representatives of the portunity Act. This requirement is ap- 4. The changes herein ordered are Federal Government. plicable throughout the period of minimal, and reflect engineering prac- (c) Adjustments. Each grantee shall, assistance to any agency which has re- tices already generally observed. Com- in maintaining program expenditure ac- ceived financial assistance under section pliance with the notice and effective date counts, records, and reports, make any 123, section 151, section 221, section provisions of the Administrative Pro- hecessary adjustments to reflect refunds, 222(a), or section 312 of the Economic credits, underpayments, or overpay- Opportunity Act. In the case of a Com- cedures Act (5 U.S.C. section 553) ac- ments, as well as any adjustments re- munity Action Agency which is not a cordingly is unnecessary and would serve sulting from administrative reviews and State,' a political subdivision of the no useful purpose. audits by the Federal Government or by State, or a combination of subdivisions, 5. In view of the foregoing: It is the grantee. this subpart applies to all activities of ordered, That effective June 10, 1969, (20 US.C. 1022 and 1023 (a)) that agency. For all other Community Action Agencies, delegate agencies, and Part 73 of the Commission's rules and § 131.16 Retention of records. other agencies financially assisted under regulations are amended as set forth (a) Each grantee shall provide for these sections, this subpart applies only below. keeping accessible and intact all records to -matters which pertain to actiyities (Secs. 4, 303, 319, 48 Stat., as amended, 1066, supporting claims for Federal funds and assisted under these sections. An agency 1082, 1089; 47 U.S.C. 154,303,319) may satisfy this requirement for public relating to the accountability of the Adopted: May 28, 1969. grantee -for expenditure of matching meetings either by holding regular meet- (1) of funds: ings as specified in subparagraph Released: May 29, 1969. (1) For 5 years after the close of the this paragraph or by holding special FEDERAL CO MMUNICATIONS fiscal year in which the expenditure was meetings as specified in subparagraph COMMISSION,' made bythe grantee; or (2) of this paragraph. BEN F. WAPLE, (2) Until the grantee is notified of the Secretary. completion of the Federal fiscal audit, Effective date: This revision shall be- Section 73.186(b) (1) is amended to whichever is earlier. come effective on June 7, 1969. (b) The records involved in any claim read as follows: or expenditure which has been ques- (Sees. 213 and 602, 81 Stat. 695, 78 Stat. 630; § 73.186 Field intensity measurements tioned by the Federal fiscal audit shall be 42 U.S.C. 2796, 2942) in alloeation; establishment of effec- further maintained until necessary ad- THEODORE M. BERRY, tive field at one mile. justments have been made and the ad- - Director, justments have been approved by the Community Action Program. Commissioner. [P.R. Doc. 69-6548; Filed. June' 3, 1969; Commissioners Hyde, Chairman; and (20 U.S.C. 1022 and 1023 (a)) 8:47 a.m.] Bartley absent.

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8920 RULES AND REGULATIONS

[Corrected 2"drev. S.O. 1023] § 1033.1023 Demurrage and detention (b) * charges on freight cars. (1) Tabulation by number of each PART 1033-CAR SERVICE point of measurement to agree with the (a) Each common carrier by railroad map required in (2) below, the date and Demurrage and Detention Charges subject to the Interstate Commerce Act time of each measurement, the field in- on Freight Cars shall observe, enforce and obey the fol- from the an- lowing rules, regulations, and practices tensity (E), the distance the Interstate Com- tenna (D) and the product of the field At a session of with respect to its demurrage and de- intensity and distance (ED) (if data for merce Commission, Division 3, acting as tention rules, practices, and charges. on semilogarith- an appellate division, held at its office (b) Description of cars subject to this each radial are plotted of mic paper, see above) for each point of in Washington, D.C., on the 19th day order. Except as otherwise provided in measurement. May 1969. paragraph (c) herein this order shall Corrected Second Revised Service Or- apply to freight cars which are subject der No. 1023 (supersedes Revised Service to demurrage and detention rules ap- [F.R. Doc. 69-6549; Filed, June 3, 1969; 1023, service date April 17, 8:47 am.] Order No. plicable to detention Of cars. 1969). (c) Exceptions. (1) The provisions of It appearing, that petitions seeking this order shall not apply to freight cars modification of Revised Service Order listed in the Official Railway Equipment No. 1023 to require that demurrage com- Register, ICC R.E.R. 371 issued by F_ J. Title 49-TRANSPORTATO putations at Atlantic and Gulf ports be McFarland, or reissues thereof, as hav- Chapter X-Interstate Commerce on a comparable basis as at other ports ing the following descriptions and me- Commission have been filed with the Interstate Com- chanical designations: by the Chicago Asso- merce Commission RA, RA , RCD,oRS, SUBCHAPTER A-GENERAL RULES AND ciation of Commerce on May 2, 1969; the Mechanical Designation' REGULATIONS .SB, RSM, RSTC, and RSTM. Board of Harbor Commissioners of the Mechanical Designation: SA, SC, SD, SF, SH, [2d Rev. S.O. 1020; Amdt. 1] city of Milwaukee, Wis., filed on May 12, SM, SP, and ST. 1969; the State of Illinois, Department Mechanical Designation: TA, TAI, TG, TGI, PART 1033-CAR SERVICE of Business and Economic Development, THI, TL, TLI, TM, TAI, TMU, TMUI, TP, TFAI, TR, TRI, TVI, TW, and Distribution of Boxcars filed on May 12, 1969; The International TPI, TPA, Lake Ports, filed on TWI. Association of Great Designation: XT. At a session of the Interstate Com- May 12, 1969-; and the Brown County Mechanical merce Commission, Railroad Service Board of Harbor Commissioners (Green (2) The provisions of this order shall Board, held at its office in Washington, Bay, Wis.) filed on May 14, 1969; that not apply to freight cars while subject to D.C., on the 28th day of May, 1969. because of basic differences in the under- the provisions of agent B. B. Maurer's Upon further consideration of Service lying demurrage, storage, and detention Tariffs 8-0, ICC H-30; 551-F, ICC H-40; Order No. 1020 (34 F.R. 6530), and good rules, regulations, and charges lawfully 552-0, ICC H-24; and 719-D, ICC H-27; cause dppearing therefor: in effect at the various ports, Revised nor to perishable protective charges pub- It is ordered,That: Service Order No. 1023 would result in lished in agent W. T. Jamison's National § 1033.1020 (a) Distribution of boxcars substantially higher demurrage charges ,Perishable Protective Tariff No. 18, ICC of Service Order .No. 1020, be, and it is on traffic subject to progressive demur- 37; supplements thereto, or reissues hereby amended by substituting, the fol- rage rates than on traffic subject to non- thereof. lowing paragraph (d) for paragraph (d) progressive demurrage rates. (3) The provisions of this order shall thereof: It further appearing, that acute not apply to freight cars while subject (d) Expiration date: This order shall shortages of freight cars still exist to the provisions of Rule 8, Item 935, expire at 11:59 p.m., October 31, 1969, throughout the country; that certain of Freight Tariff 4-I, ICC H-36, issued unless otherwise modified, changed, or carriers are unable to furnish -an ade- by B. B. Maurer, supplements thereto or suspended by order of this Commission. quate supply of freight cars to shippers reissues thereof, or while subject to demur- Effective date. This amendment shall located on their lines; that these short- similar rules or items in other at 11:59 p.m., May 31, ages of freight cars are impeding the rage tariffs lawfully in effect. become effective demur- 1969. movement of many commodities; that (d) Cars not subject to average many freight cars are held by shippers rage agreement. (1)When car detention (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, for loading, unloading, or instructions or demurrage is subject to a graduated or 384, as amended; 49 U.S.C. 1, 12, 15, and progressive rate per car per day, the 17(2). Interprets or applies sec. 1(10-17), for movement, in excess of the free time 15(4), and 17(2), 40 Stat. 101, as amended periods established by the applicable de- charges shall be: 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and murrage and detention tariffs; that such i) The lowest car detention or demur- 17(2)) practices immobilize large numbers of rage rates published in the applicable tariff for such period of time as is pro- That copies of freight cars needed by shippers for it is further ordered, vided in the tariff. upon, the, transportation of other freight; and that this amendment shall be served $25 per car per day, or fraction Car the existing demurrage and detention Cii) Association of American Railroads, and practices of the of a day, for all cars subject to the next as agent of the rail- rules, regulations, Service Division, railroads are ineffective with respect to level of charges published in the appli- roads subscribing to the car service and dis- cable tariff for such period of time as is the terms of the use, supply, control, movement, per diem agreement under tribution, exchange, interchange, and re- provided in the tariff. that agreement; and that notice of this require- (iii) $50 per car per day,. or fraction the general pub- turn of freight cars to meet the order shall be given to ments of shippers. It is the opinion of of a day, for all subsequent detention. lic by depositing a copy in the Office of (2) Where car detention or demurrage at the Commission that all emergency ex- the Secretary of the Commission ists requiring immediate .action to pro- is'shibject to a nongraduated or single- Washington, D.C., and by filing it with in the interest of the factor charge, or is computed on a weight, Office of the Federal mote car service the Director, public and the commerce of the people. bushel, or other measurement basis, the Register. Accordingly, the Commission finds that charges shall be: By the Commission, Railroad Service notice and public procedure are imprac- (i) The applicable tariff rate for each Board. ticable and contrary to the public in- of the first 4 chargeable days, or fraction terest, and that good cause exists for of a day. (SEAL] H. NEIL GARSON, Ci) $25 per car per day, or fraction of Secretary. making this order effective upon less than 30 days' notice. a day, for each of the next 4 chargeable [F.R. Doc. 69-6558; Filed, June 3, 1969; days. 8:47 a.m.] It is ordered, That:

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 9922 RULES AND REGULATIONS i -

(d) Effective date. This order shall be- ice Division, as agent of the railroads come effective at 12: 01 a.m., June 2, subscribing to the car service and per 1969. diem agreement under the terms of that (e) Expiration date. The provisions of agreement; and that notice of this order this order shall expire at 11:59 p.m., shall be given to the general public by September ,30, 1969, unless otherwise depositing a copy in the Office of the modified, changed, or suspended by order Secretary of the Commission at Wash- of this Commission. ington, D.C., and by filing it with the (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, Director, Office of the Federal Register. 384, as amended; 49 U.S.C. 1, 12, I, and 17(2). Interprets or applies Sees. 1(10-17), By the Commission, Railroad Servce- 15(4), and 17(2), 40 Stat. 101, as amended Board. 54 Stat. 911; 49 U.S.C. 1(,10,-17). 15(4), and 17(2)) [SEAL] H. NEIL GARSoN, It is further ordered, Tlia copies of Secretary. this order shall be served upon the Asso- [F.R. Doc. 69-6560; Filed, June 3, 1969; ciation of American Railroads, Car Serv- 8:48 am.]

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 RULES AND REGULATIONS 8921

(iii) $50 per car per day, or fraction of Upon further consideration of Serv- has filed an application with the Com- a day, for each subsequent chargeable ice Order No. 1026 and good cause ap- mission to become a proprietor of The day. pearing therefor: Belt Railway Company of Chicago and (e) Cars subject to an average agree- It is ordered,That: to operate over trackage of The Belt ment. When" a car has accrued four Section 1033.1026, Service Order No. Railway Company of Chicag& under the debits, a charge of $25 per car per day, 1026, St. Louis Southwestern Railway Co. terms of that company's amended oper- or fraction of a day, will be made for authorized to operate over trackage of -ating agreement dated September 1, each of the next 4 days,-or fraction of a Illinois Central Railroad Co. be, and is 1962; that all of the above described day and $50 per car per day, or fraction of hereby, vacated and set aside. operations by the Louisville and Nash- a day, will be made for all subsequent (Sees. 1, 12, 15, and 17(2), 24 Stat. 379, 383, ville Railroad Co. over trackage present- detention., 384, as amended; 49 U.S.C. 1, 12,15, and 17(2). ly used by the Chicago & Eastern Illinois (f) If the application of the deten- Interprets or applies secs. 1(10-17), 15(4), Railroad Co. are required by the Com- tion or demurrage rules published in any and 17(2), 40 Stat. 101, as amended, 54 Stat. mission, in Finance Docket No. 25031, tariff lawfully in effect results in deten- 911; 49 US.C. 1(10-17), 15(4), and 17(2)) to be consummated on or before June 2, tion or demurrage charges greater than It is further ordered, That this order 1969; that the Comnmission is of the those provided in this order, such greater shall become effective at 11;59 p.m., May opinion that operation by the Louisville charges shail apply. 27, 1969; that copies of this order and and Nashville Railroad Co. over this (g) Application. The provisions of this direction shall be served upon the Asso- trackage -of the Chicago and Western order shall apply to intrastate, interstate, ciation of American Railroads, Car Serv- Indiana Railroad Cb. and of The Belt and foreign commerce. ice Division, as agent of the railroads Railway Company of Chicago, is a nec- (h) Regulations S u s p e n d e d-An- subscribing to the car service and per essary adjunct to the operations by the nouncement Required:The operation of diem agreement under the terms of that Louisville and Nashville Railroad Co. of all rules and regulations, insofar as they agreement; and that notice of the order the above-described trackage of the Chi- conflict with thd provisions of this order, shall be given to the general public by cago & Eastern Illinois Railroad Co. in is hereby suspended and each railroad depositing a copy in the office of the the interest of the public and the com- subject to this order, or its agent, shall Secretary of the Commission at Wash- merce of the people, pending final dis- publish, file, and post a supplement to its ington, D.C., and by filing it' with the positions of the applications of the Louis- tariffs affected hereby, in substantial ac- Director, Office of the Federal Register. ville and Nashville Railroad Co., in cordance with the provisions of Rule Finance Dockets Nos. 25568 and 25653; 9 By (k) of the Commission's Tariff Circular the Commission, Railroad Service that notice and public procedure herein No. 20, announcing such suspension. Board. are impractical and contrary to the pub- (i) Effective date. This order shall be- [SEAL] H. NEIL GARSON, lic interest; and that good cause exists come effective at 7 am., May 26, 1969. Secretary. for making this order effective upon less than 30 days' notice. (j) Expiration date. This order shall- [P'.R. Doc. 69-6561; Filed, June 3, 1969; expire at 6:59 a.m., July 1, 1969, unless 8:48 a.m.] It is ordered, That: otherwise modified, changed, or sus- § 1033.1027 Service Order No. 1027. . pended by order of this Commission. [S.O. 1027] (Sees. 1, 12, Louisville and Nashville Railroad Co. 15, and 17(2). 24 Stat. 379, 383, PART 1033-CAR 384, as amended; 49 U.S.C. 1, 12, 15, and 17 SERVICE authorized to operate over certain trackage of the Belt Railroad Company of (2). Interprets or applies Sees. 1 (10-17), Louisville and Nashville Railroad Co. 15(4). and 17(2). 40 Stat. 101, as amended Chicago and over certain trackage of the 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and Authorization To Operate Over Cer- Chicago and Western Indiana Railroad 17(2)) tain Trackage of Belt Railway Co. It is further ordered, That copies of Company of Chicago and Certain The Louisville and Nashville Railroad Co. this order and direction shall be served Trackage of Chicago and Western be, and it is hereby, authorized to operate over tracks of the Chicago and upon the Association of American-Ral- Indiana Railroad Co. roads, Car Service Division, as agent of Western Indiana Railroad Co. between the railroads subscribing to the car serv- At a session of- the Interstate Com- a point of connection with tracks of the ice and per merce Commission, Railroad Service Chicago & Eastern Illinois Railway Co. diem agreement under the I11., terms of that agreement; and that notice Board, held in Washington, D.C., on the in the vicinity of Dolton Junction, and of this order shall be given to the general 28th day of May 1969. the end of track at Dearborn Sta- It appearing, tion, Chicago, Ill., a distance of public by depositing a copy in the Office That the Louisville and approximately 17 miles; and that of the Secretary of the Commission at Nashville Railroad Co. has been author- the Louisville ized by the Commission, in Finance and Nashville Railroad Co. be, and it is Washington, D.C., and by filing it with hereby, authorized to operate over track- the Docket No. 25031, to assume ownership Director, Office of the Federal age of The Belt Railway Company of Register. of certain lines of the Chicago & Eastern Illinois Railroad Co. extending north- Chicago in accordance with the terms of By the Commission, Division 3, acting ward from Evansville, Ind., to Woodland that company's amended operating as an appellate division. Junction, Ill., including certain branch- agreement, dated September 1, 1962. (b) Application.The provisions [SEAL] H. NEIL GARSON, lines, and to assume a one-half owner- of this ship in the line of the Chicago & Eastern order shall apply to intrastate and for- Secretary. Illinois Railroad extending northward eign traffic as well as to interstate [P.R. Doc. 69-6559; Filed, June 3, 1969; from Woodland Junction, ll., to a con- traffic. 8:48 a.m.] nection with the Chicago and Western (c) Rates applicable.Inasmuch as this Indiana Railroad Co. at Dolton Junction, operation, by the Louisville and Nash- [S.O. 1026-Al Ill.; that the Louisville and Nashville ville Railroad Co. over trackage of the Railroad Co., in Chicago and Western Indiana Railroad PART 1033-CAR .SERVICE Finance Docket No. 25568, has filed an application with the Co. and over trackage of The Belt Rail- St. Louis Southwestern Railway Co. Commission to operate over trackage of way Company of Chicago is deemed to be due to .carrier's disability, the rates Authorization To Operate Over the Chicago and Western Indiana, between a point applicable to traffic moved by the Louis- Trackage of Illinois Central Rail- of connection with the Chicago & Eastern Illinois Railroad Co. ville and Nashville Railroad Co. over road Co. at Dolton Junction, Ill., and the end of tracks of the Chicago and Western In- At a session of the Interstate Com- track at Dearborn Station, Chicago, Ill., diana Railroad Co. and over tracks of The. Belt Railway Company of Chicago, merce Commission, a distance of approximately -Railroad Service 17 miles; shall be the rates Board, held in Washington, D.C. which were applicable on the that the Louisville and Nashville Rail- on-the shipments 27th day of May, 1969. at the time of ship- road Co., in Finance Docket No. 25653, ment as originally routed.

FEDERAL REGISTER, VOL. 34, NO. 106-W-WEDNESDAY," JUNE 4, 1969 8923 Proposed Rule Making

cereal leaf beetle and If the regulation Great Lakes pilotage services. On DEPARTMENT OF AGRICULTURE of less than an entire State would other- April 27, 1968, these regulations vere wise be sufficient to prevent the inter- amended (33 P.R. 6477). The preamble Agricultural Research Service state spread of the pest. Regulated areas to that amendment stated that the Coast would be restricted to portions of the Guard would continue to examine and [7 CFR Part 301 1 State in which infestations have been study the system with the objective of CEREAL LEAF BEETLE found or which it is deemed necessary to improving its efficiency and effectiveness. regulate because of their proximity to This continuing review has resulted in Proposed Quarantine in Kentucky, infestation or their inseparability for the amendments proposed herein. New York, and West Virginia quarantine enforcement purposes from Interested persons are invited to sub- infested localities. Effective and practical hearing on extending n it data, views, and comments with re- Notice of public treatments or 'other procedures have spect to any of the proposed amend- quarantine to the States of Kentucky, been developed to allow the interstate and notice ments. Submissions may be made in writ- New York, and West Virginia movement of regulated articles from ing to the Commandant (AWL), U.S. of rule making relating to the amend- regulated areas. The only restrictions of such quarantine and supple- Coast Guard, Washington, D.C. 20591, by ment which would apply to the interstate June 23, 1969. In addition, interested mental regulations: movement of regulated' articles from persons may present data, views, -and The Administrator of the Agricultural nonregulated portions of the quarantined Service -has information that comments orally, or in writing, at a Research States relate to proof of origin of the public hearing to be held on June 19, the cereal leaf beetle, Oulema melanopus, regulated articles and to safeguarding insect injurious to small 1969, at 1240 Ninth Street, Cleveland, a dangerous the articles from infestation if they tra- Ohio, at 9:30 am. The hearing will be an grains, corn, arid grasses, which has been verse a regulated area, found to exist in certain parts of Illinois, informal one conducted by a representa- -Indiana, Michigan, Ohio, and Pennsyl- A public hearing to consider the above tive of the Commandant. It will not be has been discovered in certain proposals will be held before a repre- a iddicial or evidentiary type of hearing vania, sentative of the Agricultural Research so there will be no cross examination of parts of the States of Kentucky, New Hotel, Walnut York, and West Virginia. Service at the Kentucky persons presenting statements. A repre- Street at Fifth, Louisville, Ky. 40508, at sentative of the Commandant will make Notice is hereby given that it is pro- 10 a.m., e.d.t., on July 15, 1969, at which the authority of sections 8 an opening statement presenting a brief posed, under hearing any interested person may ap- summary of the proposed amendments. and 9 of the Plant Quarantine Act of pear and be heard, either in person or by as amended, and section 106 of the Interested persons will then have an op- 1912, attorney, on the proposals. portunity to present their initial oral Federal Plant Pest Act (7 U.S.C. 161, 162, Any interested person who desires to statements. Their statements should fo- 150ee), to quarantine the States of Ken- tucky, New York, and West Virginia and submit written data, views, or arguments cus on the issues raised by the notice and to regulate, under the cereal leaf beetle on the proposals may do so by filing the duplicate as little as possible written quarantine and supplemental regulations same with the Director of the Plant Pest comments already made. After all initial (7 CFR 301.84, 301.84-1 et seq.), the Control Division, Agricultural Research statements have been completed those interstate movement from these States Service, U.S. Department of Agriculture, persons who wish to make a rebuttal into or through any other State, terri- Federal Center Building, Hyattsville, Md. statement will be given an opportunity tory, or district of the United States of: 20782, on or before July 11, 1969, or with to do so in the same order in which they (1) Small grains, such as barley, bats, the presiding officer at the hearing. All made their initial statement. Additional and wheat, except grain .sorghum; (2) written submissions received pursuant to procedures for the conduct of the hearing soybeans; (3) ear corn (shelled corn is this notice will be made available for will be announced at the hearing. A not regulated); (4) straw and hay, in- public inspection at such times and transcript of the hearing will be made. cluding, marsh hay, except pelletized places and in a mannerconvenient to the Anyone may buy a copy of the transcript hay;- (5) grass sod; (6) grass and forage public business (7 CFR 1.27(b)). from the reporter. seed; (7) fodder and plant litter; (8) Done at Washington, D.C., this 26th 1. The 'Coast Guard has been con- used harvesting machinery; and, (9) day of May 1969. tinually reviewing the number of reg- any other products, articles, or means of R. J. ANDERSON, istered pilots in order to achieve an ef- conveyance of any character whatsoever, Acting Administrator, f1cient balance between that number when it is determined by an inspector Agricultural Research Service. and pilotage workload. Pilot staffing is ob- that they present a hazard of spread of [F.R. Doc. 69-6545; Filed, June 3, 1969; based on peak period-workloads cereal leaf beetle, and the person in pos- 8:46 a.m.] viously inefficient and costly. In order session thereof has been so notified. to insure that pilotage rates are kept Further, notice is hereby given, under to the absolute minimum while insuring the administrative procedure provisions that an adequate number of pilots will of 5 U.S.C. 553, that the Agricultural Re- DEPARTMENT OF be available to meet peak workloads, the search Service proposes to amend the Coast Guard believes that the procedures cereal leaf beetle quarantine and supple- under which the Director of Great Lakes mental regulations thereunder X7 CFR TRANSPORTATION Pilotage may temporarily register addi- 301.84, 301.84-2a) by adding Kentucky, Coast Guard tional pilots should be simplified. Ac- New York, and' West Virginia to the cordingly, it is proposed to amend § 401.- States designated as quarantined and [ 46 CFR Part 401 1 220 (e) to accomplish this. specifying regulated areas in said States [CGFR 69-46] 2. Under present § 401.400(b) charges for purposes of the regulations if it is for interruptions, such as loading or dis- determined that such action is necessary. GREAT LAKES PILOTAGE RULES AND charging cargo, are limited to those oc- Most of the restrictions would apply RATES curring in designated waters. An ex- to the movement of regulated articles ception is made to this charge if the from regulated areas. Less than an en- Notice of Proposed Rule Making and interruption is caused by traffic unless it tire State would be designated as a reg- Public Hearing occurs during the period beginning De- ulated area only if the State is under- NQtice is hereby given that the U.S. cember 1st and ending on the 8th of the taking sufficient quarantine action to .Coast Guard is considering certain following April. The Coast Guard be- prevent the intrastate spread of the amendments to the regulations governing lieves that charges for interruptions FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 No. 106--Pt. I-5 8924 PROPOSED RULE MAKING

should be levied in all waters, regardless ant to the Memorandum of Arrange- has a Registered Pilot on board in the of whether they are designated. or un- ments, Great Lakes Pilotage: undesignated waters of Lake Ontario designated. In addition, the Cost Guard (a) DistrictNo. 1. shall be $72 and in other undesignated believes that charges should be levied (1) Between Snell Lock and Cape Vincent waters shall be $78 for each 24-hour for interruptions caused by traffic con- or Kingston via Wolfe Island Channel-$284. period or part thereof that the pilot is gestion unless that congestion is due to (2) Between Snell Lock and Cardinal, on board. In addition, there will be the weather conditions. It is also believed, Prescott or Ogdensburg-$143. following charges: (1) $39 for each time however, that the present exceptions to (3) Between Cardinal, Prescott, or Ogdens- the pilot performs the docking or un- interruption charges should be expended burg and Cape Vincent or Kingston via Wolfe docking of the ship on entering or leav- to cover interruptions due to the mal- Island Channel--$207. (4) Cape Vincent to Kingston-65. ing the harbor or performs a movage of functioning of locks and similar or as- (5) For pilotage commencing or termlnat- the ship within a harbor, and (2) the sociated devices regardless of the time of ing at any point above Snell Lock other than travel expenses reasonably incurred by a year in 'which the interruption occurs. those named in items (q) to (4), $2.85 per pilot in joining the ship and returning As § 401.400 is limited to the establish- mile but with a minimum charge therefor to his base. ment of rates and charges in desig- of--$64. (b) When a Registered Pilot is carried nated waters, if paragraph (b) of that (6) For a movage in any harbor---78. on a ship in a direct transit of the un- section were to be amended as outlined (b) DistrictNo. 2. designated waters of Lake Erie between above, it would be transferred to present (1) Passage through the Welland Southeast Shoal and Port Colborne, the § 401.420. Canal or any part thereof, $7.75 for each charges referred to in paragraph (a) of 3. It is essential that the remuneration mile plus $23 for each lock transited but this section are not payable unless, (11 for pilotage services be adequate to sus- with a minimum of $78 and a maximum the ship is required by law to have a tain a comptent body of pilots and to for a through trip of $310. When pilots Registered Pilot on board in those waters, attract qualified applicants. Conversely, are changed at Lock 7 on a through trip or (2) services are performed by the pilot the costs to vessel operators for pilotage the charges are apportioned as follows: in those waters at the request of the should be proportionate to the service master. which they need and receive. Obviously a (i) Between northerly limits and Lock 7- $155. IV. It is proposed to revise § 401.420 balancing of factors is necessary to the (ii) Between Lock 7 and southerly limits-- to read as follows: determination of equitable pilotage rates. $155. Neither operations costs nor operational § 401.420 Cancellation, delay or inter- needs of Great Lakes pilotage are static. (2) Between Southeast Shoal or any ruption in rendition of services. The shipping patterns of the Great Lakes point on Lake Erie west thereof-and any (a) Whenever in designated or un- and the number of pilots required to point on the St. Clair River or the ap- designated waters a Registered Pilot re- provide efficient service must be under proaches thereto as far as the northerly ports for duty as ordered and the order is constant review. The increases in the limit of the District-$234. canceled, the charges to be paid by the proposed rate structure are computed to When pilots are changed at Detroit/Windsor ship shall be (1) a cancellation charge of accommodate the projected pilotage re- on a through trip the charges are appor- $39, (2) if the cancellation occurs more quirements for the 1969 season. tioned as follows: than 1 hour after the time the pilot was 4. At present, pilotage rates are deter- (i) Between Southeast Shoal or any point ordered to report, there will be a further basis without on Lake Erie west thereof and Detroit/ mined on a per transit Windsor--$117. charge of $7.75 for each hour or part of regard to vessel size. The appropriateness (it) Between Detroit/Windsor and the an hour after the first hour, except that of such h method is questionable. The northerly limits-$117. the aggregate charge payable in any 24- average size of vessels transiting the lakes (3) Between Southeast Shoal and any hour period shall not exceed $117, and has been increasing. Larger vessels are point on Lake Erie west thereof or on the (3) if the ship is in the undesignated generally considered more difficult to Detroit River-$148. waters, the travel expenses reasonably maneuver, capable of causing more dam- (4) Between any point on Lake Erie west incurred by the pilot in joining the ship age, and carry substantially more cargo. of Southeast Shoal and any point on the and returning to his base. Detroit River--$148. It is therefore contemplated that, as a (5) Between points on Lake Erie west of (b) Whenever in designated or un- part of the Coast Guard's continuing re- Southeast Shoal-$78. designated waters, the departure or-mov- view, a study be conducted to determine (6) Between points on the Detroit River- age of a ship for which a Registered Pilot a more equitable method for establishing $78. has been ordered is delayed for the con- pilotage rates by relating the fees to the (7) Between any point on the Detroit River venience of the ship for more than 1 hour size of vessel. and any point on the St. Clair River or its after the pilot reports for duty or after In view of the foregoing, it is proposed approaches as far as the northerly limit of the the time for which he was ordered, to amend Part 401 of Title 46 of the Code Distrlct-$148. whichever is the later, or when a pilot of Federal Regulations (46 CFR 'Part (8) Between points on the St. Clair River including the approaches thereto as far as is detained on board a ship for the con- 401) as follows: the northerly limit of the District-$117. venience of the ship for more than 1 I. It is proposed to amend § 401.220 (e) hour after the end of the assignment for as follows: (c) District No. 3 which he was ordered, there shall be § 401.220 Registration of pilots. (1) Between the southerly limit of the Dis- payable an additional charge of $7.75 per trict and the northerly limit of the District hour after the first hour of such a delay, or the Algoma Steel Corp. Wharf at Sault but the aggregate of these additional (e) The Director may, when necessary Ste. Marie, Ontario--302. to assure a'dequate and efficient pilotage charges shall not exceed $117 for any (2) Between the southerly limit of the 24-hour period. service, issue a temporary certificate of District and Sault Ste. Marie, Mich., or any ,registration for a period of less than 1 point in Sault Ste. Marie, Ontario, other than (c) When the passage of a ship year to any person found qualified under the Algoma Steel Corp. Wharf-$250. through either designated or undesig- this subpart, regardless of age. (3) Between the northerly limit of the nated waters is interrupted for the pur- II. It is proposed 'to amend § 401.400 District and Sault Ste. Marie, Ontario, includ- pose of loading or discharging cargo or ing the Algoma Steel Corp. Wharf, or Sault for any other reason and the services to read as follows: Ste. Marie, Mlch.-$13. any of the Registered Pilot are retained dur- § 401.400 Rates and charges on desig- (4) For a movage in harbor-$78. ing such interruption for the con- nated waters. 111. It is proposed to revise § 401.410 to venience of the ship, the ship shall be Except as provided under 401.420 of this read as follows: required to pay an additional charge of subpart, the following rates and charges § 401.410 Rates and charges on undesig- $7.75 for each hour or part of an hour as- during which each interruption lasts, shall be payable for all services and nated waters. 1 signments performed by United States or but with a maximum of $117 for each 24- Canadian Registered Pilots in the fol- (a) Except as provided under 401.420 'hour period of such interruption. How- lowing areas of the U.S. waters of the and subject to paragraph (b) of this sec- ever, there is no charge for any inter- Great Lakes described in 401.300, pursu- tion, the charges to be paid by a ship that ruption caused by ice, weather, or

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 PROPOSED RULE MAKING 1 8925 traffic delay caused by weather, except approach procedure and to comply with 19.525, 19.530, 19.543, 19.544, 19.565, during the period beginning the first day the new transition area criteria. 19.567, 19.569, 19.570, 19.635). with a view to December and ending on the 8th day In consideration of the foregoing, the This proposal is made of the use of of April next following. In addition, no Federal Aviation, Administration pro- providing alternatives to charges will be made for interruption poses to amend Part 71 of the Federal animal rennet in the above-named caused by malfunction of locks and Aviation Regulations as hereinafter set cheese varieties, supplies of that enzyme similar or associated devices. forth: no longer being adequate to fill the needs The foregoing amendments are pro- In § 71.181 (34 F.R. 4637), the follow- of cheesemakers. It is recognized that posed under the authority of sections 4 ing transition area is amended to read: one or more suitable milk-clotting are avail- and 5 of the Great Lakes Pilotage Act ALBERT LEA, MrNN. enzymes in addition to rennet 216 and able for making these cheese varieties, of 1960, as amenddd (46 U.S.C. That airspace extending upward from '700 216c) ; section 6(a) (4) of the Depart- 1 and it is concluded that the cheese- feet above the surface within a 5 /2-mile maker should be permitted to select from ment of Transportation Act (49 U.S.C. radius of Albert Lea Municipal Airport (lati- '' enzymes that 1655(a) (4) ; and49 CFR 1.5(q) (1)). tude 4340'50 N., longitude 93*22'05" W.).* among the milk-clotting miles each side of the 3430 may safely be used the enzyme or com- on May 29, and within 3 Issued in Washington, D.C., bearing from Albert Lea Municipal Airport, bination of enzymes most suitable for 1969. extending from the 5-mile radius area to his product. J. R. ScULLION, 8 miles north of the airport; and that air- Any interested person may, within 30 Rear Admiral, U.S. Coast Guard, space extending upward from 1,200 feet above days from the date of publication of this east and 9Y2 Acting Commandant. the surface within °4Y miles° notice in the FEDERAL REGISTER, file with miles west of the 163 and 343 bearings frQm [F.R. Doc. 69-6557; Filed, June 3, 1969; Albert Lea Municipal Airport, extending from the Hearing Clerk, Department of 8:47 a.m.] - 6 miles south to 181/2 miles north of the air- Health, Education, and Welfaie, Room port, excluding the portion which overlies 5440, 330 Independence Avenue SW., the Hope, Minn., transition area. Washington, D.C. 20201, written com- Federal Aviation Administration ments (preferably in quintuplicate) re- This amehdment is proposed under the garding this proposal. Comments may be [14 CFR Part 71 ] authority of section 307 (a) of the Fed- accompanied by a memorandum or brief [Airspace Docket No. 69-CE-33] eral Aviation Act of 1958 (49 U.S.C. in support thereof. 1348), and of section 6(c) of the Depart- TRANSITION AREA ment of Transportation Act (49 U.S.C. Dated: May 27, 1969. Proposed Alteration 1655(c)). S J. K. Knu , Issued in Kansas City, Mo., on May 16, AssoCiate Commissioner The Federal Aviation Administration for Compliance. is considering amending Part 71 of the 1969. Federal Aviation Regulations so as to EDWARD C. MARSH, [F.R. Doe. 69-6532; Filed, June 3, 1969; alter the transition area at Albert Lea, Director,Central Region, 8:45 a.m.] Minn. [P.R. Doe. 69-6543; Filed, June 3, 1969; Interested persons may participate in 8:46 am.] the proposed rule making by submitting such written data, views, or arguments FEDERAL TRADE COMMISSION as they may desire. Communications [16 CFR Part 501 ] should be submitted in triplicate to the Director, Central Region, Attention: DEPARTMENT OF HEALTH, EDU- LABELS OF WOOL, TEXTILE, AND Chief, Air Traffic Division, Federal Avia- FUR PRODUCTS, WEARING AP- tion Administration, Federal Building, CATION, AND WELFARE PAREL AND RELATED PRODUCTS 601 East 12th Street, Kansas- City, Mo. Food and Drug Administration 64106. All communications received Exemptions From Certain Require- within 45 days after publication of this [21 CFR Part 19 ] ments of Fair Packaging and La- notice in the FEDERAL REGISTER will be CHEESE AND CHEESE PRODUCTS beling Act considered before action is taken on the proposed amendment. No public hearing Standards for Certain Cheese Varie- On June 15, 1968, the Federal Trade is contemplated at this time, but ar- Commission published in the FEDERAL ties; Use of Safe and Suitable Milk- rangements -for informal conferences REGISTER (33 F.R. 8778) proposed rules with Federal Aviation Administration Clotting Enzymes exempting certain commodities from full officials may be made by contacting the Notice is given that the Commissioner or partial compliance with section 4 of Regional Air Traffic Division Chief. Any of Food arid Drugs, on his own initiative, the Fair Packaging and Labeling Act and data, views, or arguments presented dur- proposes amendment of those cheese the Commission's regulations issued pur- ing such conferences must also be sub- standards that now list only rennet to suant thereto as published in the FEDERAL mitted in-writing in accordance with provide for optional use of other safe and REGISTER of March 19, 1968 -(33 F.R. 4718- this notice in order to become part of suitable milk-clotting enzymes for 4724). Sixty (60).days from the date of the record for consideration. The pro- cheesemaking. The standards for ched- publication were allowed for the submis- posal contained in this notice may be dar cheese, washed curd cheese, colby sion of comments regarding the proposed changed in the light of comments cheese, granular cheese, and swiss cheese exemptions by interested parties. received. (21 CFR 19.500, 19.505, 19.510, 19.535, Among the exemptions proposed was A public docket will be available for 19.540) have previously been amended a-regulation exempting commodities sub- examination by interested persons in the to permit use of other safe and suitable ject to the provision of the Wool Products Office of the Regional Counsel, Federal milk-clotting enzymes. The standards Labeling Act of .1939 (54 Stat. 1128; 15 Aviation Administration, Federal Build- for 19 additional varieties of cheese are U.S.C. 68), and the Textile Fiber Prod- ing, 601 East 12th Street, Kansas City, similarly amended by an order appear- ucts Identification Act (72 Stat. 1717; Mo. 64106. ing elsewhere in this issue of the 15 U.S.C. 70), and the regulations there- Since designation of the Albert Lea, FEDERAL REGISTER. under, from the requirement of §§ 500.4 section 4, Minn., transition area, the instrument The Commissioner's proposal Is to and 500.5 of the Commission's Packaging and Labeling Act regula- approach procedure for Albert Lea amend the 'standards for cream cheese, Fair The proposed rule further provided Municipal Airport has been modified. In neufchatel cheese, cottage cheese, tions. that wearing apparel, mattresses, box addition, the criteria for the designa- creamed cottage cheese, gruyere cheese, tion of transition areas have changed. springs, pillows, umbrellas, and parasols, Accordingly, it is necessary to alter the -samsoe cheese, blue cheese, gorgonzola ironing board cover pads, flags, cushions, Albert Lea transition area to adequately cheese, nuworld cheese, roquefort cheese, afghans, throw, sleeping bags, antima- protect aircraft executing the modified and cook cheese (§§ 19.515, 19.520, cassars and tidies, hammocks, dresser

FEDERAL -REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8926 PROPOSED RULE MAKING and other furniture scarfs shall be fully parenthetical expression to include the [ 16 CFR Part 501 3 exempted from the requirements of the phrase "size before hemming" or words regulations. Comments received regard- of similar import in the same type size LABELS OF MOTOR OIL ing this proposal indicated that the pro- as the required statement. The principal Exemptions From Certain Require- posed exemption did not meet all of the display panel may also contain a desig- ments of Fair Packaging and Label- labeling problems extant in the textile nation for the size of the mattress which industry. In addition, the mention of the sheet was intended to fit such as ing Act fur products was omitted. The Commis- "twin," "double," etc. The Federal Trade Commission has re- sion is of the opinion, therefore, that new (3) The net quantity statement for ceived from the Lowe Oil Co., Clinton, proposals should be published which will pillowcases shall be expressed in terms Mo. 64735, and the Diamond Head Oil more adequately meet various labeling of the finished length and width meas- Refining Co., Kearny, N.J. 07032, pro- problems which have been brought to the urements in inches of the pillowcase im- -posals to exempt 1 quart cans of motor attention of the Commission. mediately followed in parentheses by a oil from certain of the labeling require- Accordingly, pursuant to the provisions statement of length and width in inches ments of § 500.4 of the regulations issued of the Fair Packaging and Labeling Act of the pillowcase prior to hemming, such pursuant to the Fair Packaging and (sections 5, 6, 80 Stat. 1298, 1300; 15 parenthetical expression to include the Labeling Act. Specifically, the prbgosals U.S.C. 1454, 1455), the following regula- qualification "size before hemming" or would permit the placing of the SAE tion is proposed in lieu of § 501.6 pub- "pre-hemming size." A designation of the grade and the fact that a detergent is lished on June 15, 1968 (33 F.R. 8779): size of the pillow which the pillowcase present in the oil, on the lid of the can § 501.6 Wool products, textile products, will fit may be included such as "regu- in lieu of placing these specifications of fur products, wearing apparel, and lar," "queen," "king," "bolster," etc. identity on the principal display panel related products. (4) The net quantity statement for on the body of the can when such panel blankets, bedspreads, afghans, and is designed to appear on the can body. (a) Commodities subject to the pro- throws ihall be expressed in terms of the The object of the proposal is to mini- visions of the Wool Products Labeling finished length and width measurements mize the number of different can bodies Act of 1939 (54 Stat. 1128; 15 U.S.C. 68), in inches exclusive of any fringe orna- necessary to pack the various motor oils and the Textile Fiber Products Identifi- mentation. A designation of the size of by indicating some of the variables on cation Act (72 Stat. 1717; 15 U.S.C. 70), the mattress which the commodity is in- the can lids. The petitioners state that and the regulations thereunder shall be tended to fit may be included such as it has been the custom of the industry exempt from the requirements of § 500.5 "twin," "double," "king," "queen," etc. for many years to designate the SAE (name and place of business of the man- (5) The net quantity statement for grade and the detergency on the can lid. ufacturer, packer or distributor) of this curtains, drapes, face cloths, flags, dres- The Commission has also considered chapter. Pillows, cushions, umbrellas, ser and other furniture scarfs shall be the practice of the industry and has con- parasols, ironing board covers, antima- expressed in terms of linear dimensions cluded that no decrease in consumer cassars and tidies shall be exempt from size. information is involved in continuing the of the regulations in in inches for the finished the requirements (6) The net quantity statement for practice of expressing certain variable Part 500 of this chapter. Fur products table cloths and napkins shall be ex- specifications of identity on the can lids subject to the Fur Products Labeling Act in lieu of expressing these specifications C65 Stat. 175; 15 U.S.C. 69) and pressed in terms of finished length and of 1957 width in inches followed in parentheses on the principal display panel. The Com- the regulations thereunder shall be ex- mission also, in light of the data available reg- by a statement of length and width in empt from the requirements of the inches in terms of the cut size (size be- to it, finds that the proposed exemption ulations in Part 500 of this chapter. requested by the petitioners should be non- fore hemming) and properly identified (b) Wearing apparel (including as such. broadened to include one- gallon cans, .textile apparel and accessories such as and that the manner of expressing the leather goods and footwear) sold as sin- (7) The net quantity statement for sleeping bags shall be expressed in terms v ariables on can lids should be expressly gle unit items or if normally sold in pairs stated. (such as hosiery, gloves,, and shoes) sold of the finished length and width meas- in addition to urements of the bag in inches qualified Therefore, the Commission acting on -as single unit pairs shall "Finished Size". This state- its own initiative in part, and in part on the exemption provided in subpart (a) by the words may apply, be ex- ment may be followed in parenthdses by the petitions submitted to it, concludes of this section which a statement of the length and width of an exemption from the requirements empt from the requirements for a net that quantity statement by count as required the bag prior to finishing in inches, such of Section 500.4 of the regulations is by § 500.7 (net quantity of contents, parenthetical expression to include the justified. Accordingly, pursuant to the method of expression) of this chapter. phrase "Cut Size". provisions of the Fair Packaging and (c) Bed sheets, pillowcases, blankets, (d) Carpets and rugs shall, in addition Labeling Act (sections 5, 6, 80 Stat. 1298, flags, dress- to the exemption provided in Subpart 1300; 15 U.S.C. 1454, 1455) the following bedspreads, afghans, throws, the er and other furniture scarfs, sleeping (a) of this section, be exempt from regulation is proposed. bags, curtains, drapes, face cloths, table requirements of § 500.12 (measurement § 501.12 Motor oil. of commodities by length and width, how cloths and napkins, in addition to the Motor oil in 1 quart and 1 gallon cans exemption provided in subpart (a) of expressed) of this chapter provided that -the net quantity statement shall be ex- bearing the principal display panel on the this section, shall be exempt from the length and width in body of the can, is exempt from the re- requirements of § 500.12 (measurement pressed in terms of feet with any remainder in common or quirements of § 500.4 of this chapter to of 8ommodities by length and width, how decimal fraction of the foot or in inches. the extent that the SAE grade and the expressed) of this chapter provided that: presence of a detergent is required to (1) The net quantity statement for Any interested person may, within 60 days from the date of this publication in appear on the principal display panel, fitted sheets shall be expressed in terms provided the SAE grade and the presence of length and width measurement in the FEDERAL REGISTER, file with the Sec- retary, Federal Trade Commission, of a detergent appear on the can lid, and inches of the size of mattress which, the the SAE grade is expressed in letters and fit. The principal display panel Washington, D.C. 20580, written views on sheet will this proposal. Comments may be accom- numerals in type size of at least one- may also contain a designation for the fourth inch in the case of 1 quart cans, size of mattress which the sheet will fit panied by a memorandum or brief in support thereof. and at least one-half inch in the case of such as "twin," "double," "king," etc. 1 gallon cans. (2) The .net quantity -statement for Issued: May 29, 1969. Any interested person may, within 60 nonfitted or fiat sheets shall be expressed By direction of the Commission. in terms of the finished length and width days from the date of this publication in [SEAL] JOSEPH W. SHEA, measurements of the sheet in inches im- Secretary. the FEDERAL REGISTER, file -with the Sec- mediately followed 'in parentheses by a retary, Federal Trade Commission, [FR.. Doc. 69--6574; Filed. June 3, 1969; statement of the length and width of the Washington, D.C. 20580, written views on. sheet prior to hemming in inches, such 8:48 am.]

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 PROPOSED RULE MAKING 8927 this proposal. Comments may be accom- There the Committee stated, "The Com- panied by a memorandum or brief in INTERSTATE COMMERCE mittee joins with the House Committee support thereof. in its concern that the Federal Govern- Issued: May 29, 1969. COMMISSION. ment is not receiving sufficient return for [49 CFR Part 1002 ] all the services which it renders to spe- By direction of the Commission. cial beneficiaries, and 'in its recommen- [Ex [SEAL] JOSEPH W. SHEA, Parte No. 246] dation that the applicable agencies re- Secretary. FEES FOR SERVICES PERFORMED IN view their schedule of fees and charges with a view to making [P.R. Doc. 69-6575; F'iled, June 3, 1969; CONNECTION WITH LICENSING increases or ad- 8:48 am.] justments as may be warranted, taking AND RELATED ACTIVITIES into consideration beneficial certificates Notice of Proposed Rule Making and privileges granted, to offset in part the increasing needs for direct appro- At a general session of the Interstate priations for operating costs of the SMALL BUSINESS Commerce Commission held at its office agencies concerned." ADMINISTRATION in Washington, D.C., on the 20th day of The Commission in conducting its May 1969. regulatory activities, confers special [ 13 CFR Part 107] Title V of the Act of August 31, 1951 benefits on identifiable recipients above (Public Law 82-137, 65 Stat. 290, 31 SMALL BUSINESS INVESTMENT, and beyond those which accrue to the U.S.C. § 483a), expresses the policy of public and it is, therefore, proper, and COMPANIES Congress "that any work, service, publi- in implementation of the sense of Con- Lending Institutions Formed To cation, report, document, benefit, privi- gress as indicated above, that these re- lege, authority, use, franchise, license, Facilitate Funding to Licensees cipients should bear a greater share of permit, certificate, registration, or simi- the Commission's costs incurred in the Notice is hereby given that pursuant to lar thing of value or utility performed, disposition of these matters. At the same authority contained in section 308 of the furnished, provided, granted, prepared, time, it is clear that some part of the Small Business Investment Act of 1958, or issued by any Federal agency * * * to Commission's expense should be borne Public Law 85-699, 72 Stat. 694, as or for-any person * * * except those en- by the Commission's general appropria- amended, it is proposed to amend, as set gaged in the transaction of official busi- tion. forth below, Part 107 of Subchapter B, ness of the Government, shall be self- The Commission has reviewed its ac- Chapter I, of Title 13, of the Code of sustaining to the . full extent possi- tivities to identify services which result Federal Regulations, as revised in 33 F.R. ble * * *."In order to accomplish this in special benefits to an identifiable re- 326, and amended in 33 F.R. 11147, 33 objective, this statute authorizes the head cipient but for which no charges are F.R. 20035, 34 F.R. 1234, and 34 F.. 5796, of each agency to prescribe by regulation made. Appendix A to this order lists thir- by adding a new § 107.813. Prior to final such fees and charges as he shall deter- teen services which fall within the estab- adoptionof such amendment, considera- mine to be fair and equitable "taking into lished guidelines of BOB Circular A-25 tion will be given to any comments or consideration direct and indirect cost to and should be included in the Commis- suggestions pertaining thereto which are the Government, value to the recipient, sion's schedule of fees. The proposed fees submitted in writing, in triplicate, to public pplicy or interest served, and other set forth in Appendix B represent ap- the Office of Iniestment, Small Business pertinent facts." The Bureau of the proximately one-half of the average Administration, Washington, D.C. 20416, Budget in implementing this policy, direct costs incurred by the Commission within a period of ten (10) days of the issued Circular A-25, September 23, 1959, in 'relation to the various matters in- date of this notice in the FEDERAL which set forth general policies for de- volved, and, in its opinion, represent rea- REGISTER. veloping an equitable and- uniform sys- sonable recoveries in relation to the Information. The proposed amend- tem of charges for certain Government benefits. In allocating 50 percent of the ment would enable Licensees to par- services. full costs for performing the service to ticipate with each other and with other In the initial report herein, 326 ICC the public interest, the Commission ad- persons in the formation and financing 573, decided June 6, 1966, and again in heres to. the theory expounded in the of organizations and arrangements the supplemental report 329 ICC 814, de- initial and supplemental reports in Ex designed to -acilitate funding to cided August 21, 1967, the Commission Parte No. 246. However, the Commission Licensees. prescribed a schedule of fees applicable has reviewed those types of proceedings It is proposed that Part 107,b e amend- to those activities under its jurisdiction wherein the time involved, which forms ed by adding the following new § 107.813: which fell within the"purview of the In- the basis for costs, greatly distorts cost dependent Offices Appropriation Act figures based on average, more specifi- § 107.813 Lending institutions formed 1952 (31 U.S.C.A. § 483a). In so doing, the cally the rail merger to facilitate funding to Licensees. and the rate division Commission recognized that the data re- cages. In these proceedings, a supple- Subject to prior written approval of lating'to costs might not be as extensive mental.fee is proposed if the actual costs SBA, a Licensee may invest an amount as desired, and that changes in .that re- to the Commission exceeds the estimated equal to no more than one-half (1/2) of spect and in other aspects of the general costs as shown in Appendix B. The sup- 1 percent of its combined private paid-in regulatory and transportation situation plemental fee will be 50 percent of the capital and paid-in surplus in the capital would present problems which could not actual costs in excess of the estimate. stock, obligations or other securities of then be foreseen. Accordingly, the Com- In the matter of fees for performing a lending institution formed for the sole mission stated, "* * * that a continuing annual pipeline valuations, the Com- purpose of providing and/or facilitating review of the fee schedule as well as costs mission at the present time does not funding to Licensees. SBA's approval and procedures would -be conducted, so charge any fee for this service. In view that the ultimate goals of Congress may be conditioned on such reasonable of the congressional interest as expressed might be preserved." (329 ICC 814.) in the report of the Conference Commit- terms and .conditions as it' deems The Commission in its continuing re- tee on Independent Executive Bureaus, appropriate. view of costs and procedures relating to Boards, -Commissions, Corporations, Dated: May 29, 1969. the fee schedule has been guided by the Agencies, Offices, and the Department of expression of concern shown in the Housing and Urban Development Ap- HILARY SANDOVAL, Jr., July 9, 1968, Report of the Senate Com- Administrator. propriations (H. Rept. No. 1904, 90th mittee on Appropriations following the Cong., second session, Sept. 18, 1968) the [P.R. Doc. 69-6582; Filed, June 3, 1969; 1969 appropriations hearing (S. Rept. Commission hereby proposes to establish 8:49 am.] No. 1375, 90th Cong. second session). fees for the performance of initial and

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY," JUNE 4, 1969 PROPOSED RULE MAKING annual pipeline valuations. The Com- tion in the FEDERAL REGISTER as notice 6. An annual qualification service fee for mission proposes to allocate 100 percent to all interested persons. insurer, surety or self-insurer. 7. A petition for waiver of any provision of the cost for performing this service By the Commission. of the lease and interchange regulations. to value to the recipient since it appears 49 CFR Part 1057. that such valuations serve a minimal [SEAL] • H. NEIL GARsoN, 8. A petition for reinstatement of refoked public interest. Secretary. operating authority. As indicated above, with exception of APPmNcx A-Nm_ ITEMS To BE CONSmEED 9. A request that the Commission amend pipeline valuations, the proposed sched- FOR INCLUSION IN TIE COIMISSION'S its records to reflect a change in the name ule of fees attached hereto as Appendix SCHEDULE OP USER FEES of a motor carrier, water carrier, or freight B was arrived at by averaging the cost 1. Application for basic (original) valua- forwarder not involving a change in owner- of each type of proceeding itemized in ship, management, or control, that is subject tion of a pipeline carrier's operating property. to the jurisdiction of the Commission. the schedule; allocating half of this cost Section 19a. S2. Application for each annual valuation 10. A petition to define or redefine a com- to the public interest involved; and, allo- mercial zone, or to remove the exemption cating the remainder or 50 percent of the of a pipeline carrier's operating property as of the close of any calendar year following applicable to commercial zone movements. cost to the special benefits conveyed to the carrier's basic valuation. Section 19a. Section 203(b) (8). identifiable recipients above and beyond 3. Tariffs, schedules, supplements, and re- 11. A petition for a declaratory order. those ascribed to the general public. vised or additional original looseleaf pages 5 .U.S.C. § 554(e). It appearing, that in determining the (a page shall consist of each side of a sheet 12. A complaint seeking or a petition re- proposed schedule of fees set out in Ap- of a tariff, schedule, supplement, or looseleaf questing institution of an investigation pendix B hereto considerable effort has page containing printed matter). seeking the prescription of divisions of joint been directed towards selecting those 4. Freight forwarder contracts and amend- rates, fares or charges. Section 15(6). services provided by the Commission ments thereto. Section 409. 13. An application for emergency tempo- which are readily identifiable and assign- 5. An application for original qualification rary authority as defined in 49 CF section 1131.1(b) (1). ing to each a fair and equitable assess- as an insurer, surety of self-insurer. ment taking into consideration cost to _APPENDIX B-PROPOSED INCREASES IN FEES FOR ITEMS IN THE COMMISSION'S SCHEDULE OF USER FEES the Government, value to the recipient, and public policy or interest served; Item Item Cost Proposed And it further appearing, that inter- No. estimate fee ested persons might-suggest other, pos- (a) (b) (C) (d) sibly more equitable means of arriving at a schedule of fees consistent with the 1 An application for a certificate authorizing the construction, extension, $1,375 ------$700. Independent Offices Appropriation Act of acquisition, operation or abandonment of all or a portion of a line of railroad. Section 1 (18)-(20). 1952, and BOB Circular A-25 particularly 2 Application for permanent authority under sections 204(a) (4a), 206, $693------$350. with regard to assessing a value on the 206(a)(6), 209, 211, 302, 303, 309 or 410 3 An application for temporary authority under sectionsr210a(a), 210a(b), $126 ------$60. service to the beneficiary or in arriving 311(a) or 311(b), or an application-for emergency temporary authority at a value factor for the public policy or as defined in 49 CFR section 1131.1(b)(1). 4 An application to consolidate or merge properties or franchises; to $1,419------$700.Z interest served; purchase, lease or contract to operate properties, or to acquire It is ordered, That this proceeding be, control of by purchase of stock or otherwise; or to acquire trackage rights over, joint ownership in, or joint use of railroad lines and and it is hereby, reopened under au- terminals incidental thereto. Section 5(2). thority of the Independent Offices Ap- fi A petition to renew authority to transport explosives under section 206 $7 ------$5. or 209.- propriation Act of 1952 (31 U.S.C.A. 6 A petition to modify permits of motor carriers by the addition of a $106 ------$60. § 483a), Budget Bureau Circular No. A-25 shipper or shippers for whom service may be performed. Section 209. 7 A petition to remove or alter an operating restriction contained in a $405------$200. of September 23, 1959, and section 4 of certificate or permit and petitions seeking modification, clarification the Administrative Procedure Act (5 or interpfetation of a certificate or permit. (No fee is required for a U.S.C. see. 553) for the purpose of deter- request seeking the modification of a certificate or permit only to the mining (1) whether the attached sched- extent of making a correction or -a change in the name presently appearing therein of (a) a shipper 'or owner of.. a plant. site,. or (b). a ule of fees is reasonable, and if not, what geographical point or highway). 8 An application for authority to deviatq from authorized regular route, $30 ------$15. fees would be reasonable, and '(2) what 49 CFR 1042. other basis of assessing fees, other than 9 Notice or petition to discontinue train or ferry service. Section 13(a).._ $1,313 ------$650. might be more 10 An application for use of terminal facilities, section 3() ------$301 ------$150. cost to the Commission, 11 An application for the pooling or division of traffic. Section 5(1) ----- $213 ------$100. equitable to the general public and to 12 An application for a determination of fact of competition. Section 5(15) $213 ------$100. the -recipient of the benefit or service; 13 An application for approval of, or to amend a rate association agree- $590 ------$300. ment. Section 5a. It is further ordered, That any in- 14 An application for authority to hold a position as officer or director. $18 ------$10. terested 'person be, and he is hereby, Section 20t(12). 15 An application to issue securities, to assume obligation or liability in $427------$200. invited to submit to this Commission on respect to securities of another, to modify an outstanding author- or before August 1, 1969, representations ' ization, or for exemption from competitive biddingrequirements of Ex Parte No. 158, 49 CFR 1115.25. Section 20a, 20b, or 214. consisting of an original and 20 copies, 16 An application for transfer or lease of a certificate or permit, including $220 ------$00 setting forth facts relative to the sched- a certificate of registration; a broker license, or change of control of companies holding brokers' licenses; or a petition to transfer a water ule of fees in Appendix B hereto; carrier exemption authorization to the successor. Section 212(b), And it is further ordered, That a copy 302, 303, 312 or 410(g). 17 An application for approval of a motor vehicle rental'contract. 49 CFR $61 ------$30. of this order be served on the Public section 1057.6. Utility Commissions or Boards, or similar 18 An application for relief from the long- and short-haul and aggregate- $468------$250. regulatory bodies, of each State; that a of-intermediates provisions, including applications for relief with respect to additional commodities, origins or destinations, but not copy be posted in the Office of the Secre- including petitions for modification of conditions effective or not tary of the Interstate Commerce Com- yet effective of outstanding orders, or amendments to applications not yet disposed of. Section 4. - mission for public inspection; and, that 19 An application for authority to establish released value rates or rat- $382 ------$200; a copy be delivered to the Director, Divi- - ings, except that no fee will be assessed for applications seeking such authority in connection with reduced rates established to relieve sion of the Federal Register, for publica- distress caused by drought and other calamitous visitation under section 22(1) of the Act. Sections 20(11), 219, 413. 20 An application for special permission for short notice or the waiver of $40------$20. ' In lieu of verification under oath, any tariff-publishing requirements, including applications to extend or contained in the repre- eliminate the scheduled expiration date of an outstanding special statement of facts permission or to broaden the application thereof to additional ter- sentations may be made subject to the fol- ritory or tariffs, except amendments to pending applications not yet lowing declaration: "I solemnly declare that disposed of, and applications to postpone the effectiveness of sus- I have examined the foregoing document and pended schedules, when carrier or agent is requested to do so, i that to the best of my knowledge and belief order to afford the Commission more time for disposition of the proceeding or to postpone the scheduled effective date of protested the representations of fact contained therein schedules or those for which a fourth-sectIon application has been are true." filed, in order to afford the boards more time within which to process (Signature) the protests or applications.

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 PROPOSED RULE MAKING 8929

APPENDIX B-PROPOSED INCREASES In FEES POE ITEMS In TEE CoIsarsiSoN'S SCHEDULE OF USER FEES-Con:

Item Item Cost Proposed No. estimate fee (a) (b) . Cd)(C)

21 Application for basic (original) valuation of a pipeline carrier's operat- $20 per hour.... $20 per hour. A property. Section lga. 22 ppication for each annual valuation of a pipeline carrier's operating ------(). property as of the close of any calendar year following the carrier's basic valuation. Section la. 23 Tariffs, schedules, supplements, and revised or additional original $1 per page ---- $0.50 per page. loose-leaf pages (a page shall consist of each side of a sheet of a tariff, schedule, supplement, or loose-leaf page containing printed matter). 24 Freight forwarder contracts and amendments thereto. Section 409.... $3 per rcontract.. $1 per contract. 25 An application for original qualification as an insurer, surety, or self- $130 ------$65. insurer. 26 An annual qualification service fee for insurer, surety, or self-insurer._ $13 ------$10 per accepted certificate of insurance or surety bond ($50 minimum). 27 A petition for waiver of any provision of the lease and interchange $69 ------$35. regulations, 49 CPR Part 1057. 28 A petition for reinstatement of revoked operating authority ------$126 ------$60. 29 A request that the Commission amend its records to reflect a change $27 ------$15. in the name of a motor carrier, water carrier, or freight forwarder, not involving a change in ownership, management, or control, that is subject to the jurisdiction of the Cdmmission. 30 A petition to define or redefine a commercial zone, or to remove the $689------$350. exemption applicable to commercial zone movements. Sec. 203(b) (8). 31 A petition for a declaratory order. 5 U.S.C. § 554(e)------$69------$350. 32 A complaint seeking or a petition requesting institution of an investi- $1,400 ------$700.1 gation seeking the prescription of divisions -of joint rates, fares or charges. Sec. 15(6).

I Subject to a supplemental fee if actual costs exceed the estimated cost. The fee will be 50 percent of the actual costs in excess of the estimate. 'The following fees are based on carrier's size: Pro- posed Cost of reproduction (millions) fee under 10 ------$100 10-29.9 ------.------400 30-49.9 ------1,000 50-74.9 ------1,400 75-99.9 ------...... ------2,000 100-149.9 ------2,600 150-199.9 ------3,700 200-299.9------7-5,000 over 300 ------8,700

[F.R. Doc. 69-6508; Filed, Juno 3, 1969; 8:45 a.m.]

FEDERAL REGISTER,-VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8930 Notices

termined that the power value of the Cheddar cheese is dropped from the list following described lands withdrawn in of commodities for sale. DEPARTMENT OF THE TREASURY Power Site Classification No. 142, ap- Information on the availability of Bureau of Customs proved May 6, 1926, will.not be injured commodities stored in CCC bin sites may be obtained from Agricultural Stabiliza- [T.D. 69-131] or destroyed by restoration to location, entry or selection under the appropriate tion and Conservation Service State CARNETS public land laws, subject to the provisions offices shown at the end of the sales list, of section 24 of the Federal Power Act: and for commodities stored at other loca- Notice of Approval of Issuing and tions from ASCS commodity and grain HUMBOLDT MERIDIAN Guaranteeing Association Under offices also shown at the end of the list. Two Customs Conventions T. 17 N., R. 2 E., Corn, oats, barley, or grain sorghum, Sec. 20, N'ANE /4 and SW NE . as determined by CCC, will be sold for MAY 27, 1969. The areas described aggregate approx- unrestricted use for "Dealers' Certifi- The Customs Convention on the A.T.A. imately 120 acres within the Six Rivers cates" issued under the emergency live- Carnet for the Temporary Admission of National Forest in Del Norte County. stock feed program. Grain delivered Goods (hereinafter referred to as A.T.A. At 10 a.m. on June 27, 1969, the lands against such certificates will be sold at Convention) and the Customs Conven- shall be opened to such forms of disposi- the applicable current market price, de- tion on the E.C.S. Carnets for Commer- tion as may by law be made of national termined by CCC. cial Samples (hereinafter referred to as forest lands, subject to valid existing 2. In the'following listing of Commodi- E.C.S. Convention) which were ratified rights, the provisions of existing with- ties and sales prices or method of sales, by the President on May 3, 1967, each drawals and the requirement of ap- "unrestricted use" applies to sales which provide for the approval by "Customs plicable law, including the provisions of permit either domestic or export use and authorities of a Contracting Party" of is- section 24 of the Federal Power Act. "export" applies to sales which require suing associations and guaranteeing asso- The State of California has waived the export only. CCC reserves the right to ciations, as defined in the Conventions. preference right afforded it under sec- determine the class, grade, quality, and A notice was published in the FEDERAL tion 24 of the Federal Power Act of available quantity of commodities listed REGISTER on December 11, 1968 (33 F.R. June 10, 1920, supra. The lands have for sale. 18394), that applications to undertake been opened to application and offers The CCC Monthly Sales List, which the obligations of issuing association and under the mineral leasing laws and loca- varies from month to month as addi- guaranteeing association under the tion under the U.S. mining laws. tional commodities become available or A.T.A. Convention and E.C.S. Convention Inquiries concerning the lands should commodities formerly available are would be accepted and considered by the be addressed to the Manager, Land Of- dropped, is designed to aid in moving Bureau of Customs. fice, Bureau of Land Management, Sac- CCC's inventories into domestic or ex- Notice is hereby given that the United ramento, Calif. port use through regular commercial States Council of the International channels. Chamber of Commerce, Inc., 1212 Ave- ELIZABETH H. MIDTBY, If it becomes necessary during the Chief, Lands Adjudication Section. nueof the Americas, New York, N.Y., duly month to amend this list in any material applied in response to the above-men- [F.R. Doc. 69-6552; Filed, June 3, 1969; way--such as by the removal or addition tioned notice and has been approved as 8:47 a.m.] of a commodity in-which there is general the issuing association and guaranteeing interest or by a significant change in association under the A.T.A. Convention price or method of sale-an announce- and the E.C.S. Convention. ment of the change will be sent to all [SEAL] LESTER D. JOHNSON, DEPARTMENT OF AGRICULTURE persons currently receiving the'list by Commissioner of Customs. Commodity Credit Corporation mail from Washington. To be put on this mailing list, address: Director, Commod- 3, [F.R. Doc. 69-6523; Filed, June 1969; SALES OF CERTAIN COMMODITIES ity Operations Division, Agricultural 8:45 a.m.] Stabilization and Conservation Service, June 1969 CCC Monthly Sales List U.S. Department of Agriculture, Wash- Notice to buyers. Pursuant to the policy ington, D.C. 20250. of Commodity Credit Corporation issued 3. Interest rates per annum under the DEPARTMENT OF THE INTERIOR October 12, 1954 (19 P.R. 6669), and sub- CCC Export Credit Sales Program (An- Bureau of Land Management ject to the conditions stated therein as nouncement GSM-4) for June -1969 well as herein, the commodities listed are 6% percent for U.S. bank obligations [Sacramento 508] below are available for sale and, where and 7% percent for foreign bank obli- CALIFORNIA noted, for redemption of, payment-in- gations. Commodities now eligible for fi- kind certificates on the price basis set nancing under the CCC Export Credit Opening of Lands Subject to Section forth. Sales Program include oats, wheat, wheat 24 of Federal Power Act 1. The U.S. Department of Agriculture flour, barley, bulgur, corn, cornmeal, announced the price at which Commodity grain sorghum, upland and extra long MAY 27, 1969. Credit Corporation (CCC) commodity staple cotton, milled and brown rice, By virtue of the authority contained holdings are available for sale, beginning tobacco, cottonseed oil, raisins, soybean In section 24 of the Federal Power Act of at 3 p.m., e.d.t., on May 29, 1969, and, oil, dairy products, tallow, lard, breeding June 10, 1920 (41 Stat. 1075; U.S.C. 818) subject to amendment, continuing until cattle, and rye. Commodities purchased as amended, and pursuant to Bureau Or- -superseded by the July Monthly Sales from CCC may be financed for export as der No. 701 of July 23, 1964 (29 F.R. List. private- stocks under Announcement 10526) as amended; and pursuant to the The following commodities are avail- GSM-4. authority redelegated to me by the Man- able: Cotton (upland and extra long Information on the CCC Export Credit ager, November 18, 1965 (30 F.R. 14444), staple), wheat, corn, oats, barley, flax- Sales Program and on commodities avail- as amended, it is ordered as follows: seed, rye, rice, grain sorghum, peanuts, able under Title I, Public Law 480, private In DA-1072-California dated May 14, tung oil, cottonseed meal, butter, and trade agreements, and current informa- 1969, the Federal Power Commission de- nonfat dry milk. tion on interest rates and other phases

2 FEDERAL REGISTER, VOL. 34, NO. 106--WEDNESDAY, JUNE 4, 1969 NOTICES 8931

of these programs may be obtained from CCC reserves the right to refuse to B. Nonstorable. At not less than market the Office of the General Sales Manager, consider an offer, if CCC does not have price, as determined by CCC. Export Marketing Service, U.S. De- adequate information of financial re- C. Markups and examples (dollars per partment of Agriculture, Washington, sponsibility of the offerer to meet bushel in-store).' D.C. 20250. contract obligations of the type contemplated In this announcement. If a Markup 4. The following commodities are cur- In-store rently available for new and existing prospective offerer is in doubt as to received by- barter contracts: Oats, cotton (upland whether CCC has adequate information Examples and extra long staple), and tobacco. with respect to his financial responsibil- Truck Rail or In addition, private stocks of corn, ity, he should either submit a financial barge grain sorghum, barley (other than malt- statement to the office named in the invi-. Ing barley), oats, wheat, and wheat tation prior to making an offer, or com- $0.17% $0.15 Minneapolis-No. I DNS ($1.56) 115 municate with such office to determine percent +$0. 15; $1.95. flour, and milled and brown rice, un- Portland-No. 1 SW ($1.44) 115 per- der Announcement PS-1, as amended; whether such a statement is desired in his cent +$0.15; $1.81. case. When satisfactory financial re- Kansas City-No. 1 HRW ($1.44) 115 tobacco under Announcement PS-3; percent +$0.15; $1.81, cottonseed oil and soybean oil under sponsibility has not been established, Chicago-No. 1 RW ($1.46) 115 per- Announcement PS-2; and upland and CCC reserves the right to consider an cent +$0.15; $1.83. extra long staple cotton under An- offer only upon submission by offerer of nouncement PS-4; and inedible tallow a certified or cashier's check, a bid bond, Export. and grease under Announcement PS-5; or other security, acceptable to CCC, A. CCC will sell limited quantities of Hard are eligible for programing in connection assuring that if the offer is accepted, Red Winter and Hard Red Spring wheat at with barter contracts covering procure- the offerer will comply with any pro- west coast ports at domestic market price levels ment for Federal agencies that will reim- visions of the contract with respect to for export under Announcement GR- payment for the commodity and the 345 (Revision IV, Oct. 30, 1967, as amended) burse CCC. (However, Hard Red Winter as follows: 13 percent protein or higher, Hard Red furnishing of performance bond or other (1) Offers will be accepted subject to the Spring 14 percent protein or higher, security acceptable to CCC. purchasers' furnishing the Portland ASCS Durum wheats, and flour produced from Disposals and other handling of in- Branch Office with a Notice of Sale contain- these wheats may not be exported under ventory items often result in small ing the same information (excluding the barter through west coast ports.) Further quantities at given locations or in qual- payment or certificate acceptance number) as information on private-stock commodi- ities not up to specifications. These lots required by exporters who wish to receive an are offered by the appropriate export payment under GR-345. The Notice ties may be obtained from the Office of ASCS of Sale must be furnished to the Commodity the Assistant Sales Manager, Barter, Ex- office promptly upon appearance and Office within 5 calendar days after the date of port Marketing Service, USDA, Washing- therefore, generally, they do not appear purchase. ton, D.C. 20250. in the Monthly Sales List. (2) Sales will be made only to fill dollar 5. The CCC will entertain offers from 7. On sales for which the buyer is re- market sales abroad and-exporter must show responsible buyers for the purchase of quired to submit proof to CCC of expor- export from the west coast to a destination tation, the buyer shall be regularly west of the 170th meridian, west longitude, any commodity on the current list. Of- and east of the 60th meridian, east longitude, fers accepted by CCC will be subject to engaged in the business of buying or and to ports on the west coast of Central the terms and conditions prescribed by selling commodities and for this purpose and South America. Dollar sales shall mean the Corporation. These terms include shall maintain a bona fide business office sales for 'dollars and sales financed with CCC payment by cash or irrevocable letter of in the United States, its territories or credit. credit before delivery of the commodity possessions and have a person, principal, B. CCC will sell wheat for export under and the conditions require removal of or resident agent upon-whom service of Announcement GR-261 (Revision II, Jan. 9, the commodity judicial process may be had. 1961, as amended and supplemented) sub- from CCC stocks within ject to the following: a reasonable period of time. Where sales Prospective buyers for export should - (1) All classes will be sold subject to offers: are for export, proof of exportation is note that generally, sales to U.S. Gov- which include the price at which the buyer also required, and the buyer is respon- ernment agencies, with only minor proposes to purchase the wheat. sible for obtaining any required U.S. exceptions, will constitute domestic un- (2) All classes will be sold to fill dollar Government export permit or license. restricted use of the commodity. market sales abroad and exporter must show Purchase from CCC shall not constitute Commodity Credit Corporation re- export from the west coast to a destination within the geographical limitation shown in any assurance that any such permit or serves the right, before making any sales, license will be granted by the issuing A(2) above. to define or limit export areas. C. CCC will not sell wheat under An- authority. Exports to certain countries are regu- nouncement GR-346 until further notice. Applicable announcements containing lated under the Export Control Act of Available. Chicago, Kansas City, Minne- all terms and conditions of sale will be 1949. These restrictions also apply to any apolis, and Portland ASCS offices. furnished upon request. For easy refer- commodities purchased from the Com- CORN, BULK ence a number of these announcements modity Credit C~rporation whether sold are identified by code number Unrestricted use. in follow- for restricted or unrestricted use. Coun- A. Redemption of domestic payment-in- ing list. Interested persons are invited tries and commodities are specifically kind certflcates. Market price as determined to communicate with the Agricultural listed in the U.S. Department of Com- by CCC, but not less than 115 percent of the Stabilization and Conservation Service, merce Comprehensive Export Schedule. applicable 1968 price-support loan rate 2 for USDA, Washington, D.C. 20250, with Additional information is available from the class, grade, and quality of the corn plus respect to all commodities-for speci- the Bureau of International Commerce the markup shown in,C of this unrestricted fied commodities-with the designated use section. or from the field offices of the Depart- ASCS commodity office. B. General sales. ment of Commerce. 1. Storable. Market price, as determined by 6. Commodity Credit Corporation re- CCC, but not less than the Agricultural Act serves the right to amend from time to SALES PRICE OR METHOD OF SALE of 1949 formula minimum price for such sales time, any of Its announcements. Such wITAT BULZ which is 105 percent of the applicable 1968 amendments shall be applicable to and price-support rate 2 (published loan rate plus Unrestricteduse. be made a part of the sale contracts 19 cents per bushel) for the class, grade, and A. Storable. All classes of wheat in CCC quality of the corn, plus the markup shown thereafter entered into. inventory are available for sale at market in C of this unrestricted use section. CCC reserves the right to reject any price but not below 115 percent of the 1968 2. Nonstorable. At not less than market or all offers placed with it for the pur- price-support loan rate for the class, grade, price as determined by CCC. and protein of the wheat plus the markup chase of commodities C. Markups and examples (dollars per pursuant to such shown in C below applicable to the type of bushel in-store' basis No. 2 yellow corn 14 announcements. carrier involved. percent M.T. 2 percent F.M.).

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 No. 106-Pt. I----6 .S932 NOTICES

class, grade, and quality of the barley plus B. Markups and examples (dollars per the applicable markup, B. Markuns and eramnlZes f dnllars q e bushel______in-store' No. 2 or better). Markup In- Examples bushel in-store 'No. 2 or better). - store Markup in-store Markup in-store received-by- Examples $0.16 Feed grain program domestic PIK received by- certificato minimums: Examples McLean County, Ill. ($1.09+$0.020 Truck Ball or 115 percent +50.16; $1.45 !Truck Rail or barge Agricultural Act of 1949; stat. mini- barge mums: $0.17A $0.15 AgricultureActof1949 Statutory Min- McLean County, Il. ($1.09+$0.023 imum. +50.19); 105 percent +$0.16; $0.17, $0.15 Cam County, N. Dak. ($0.86); 115 Rolleto County, N.Dak.($0.89); 115 $1.53. percent +$0.17M; $1.17J6. Minneapolis, Minn. ($1.10); 115 per- percent +$0.17M; $1.20M. cent +$0.15; $1.42. Minneapolis, Minn. ($1.23), 115 per- Available. Chicago, Kansas City, Minne- cent +90.15; $1.57. apolis, and Portland ASCS grain offices. C. Nonstorable. At not less than market C. Nonstorable. At not less than- market GRAIN soRGIIUs, BULK price as determined by CCC. price as determined by CCC. Unrestricteduse. SalesExport. are r nade at the higher of the do- Export. A. Redemption of domestic payment-in- Sales are made at the higher of the domestic market price, as, determined by CCC, kind certificates. Market price, as de- or 115 percer mestic market price, as determined by CCC, it of the applicable 1968 price- termined by CCC, but not less than or 115 percent of the applicable 1968 price- 115 support loan rate plus percent of the applicable 1968 price-support section B. Th carrying charges in support loan rate plus carrying charges te statutory minimum price loan rates for the class, grade, and quality ferred re- in section B. The statutory minimum price to in Ithe price adju.stment provisions of the grain sorghum, -plus the markup of the follow referred to In the price adjustment provi- tig export sales announcement shown in C of this unrestricted use section, is 105 percenl sions of the following export sales announce- of the applicable price-support applicable to the type of carrier ment Is 105 percent of the Involved. rate plus the markup referred to In B of the applicable price- support rate plus B. General sales, unrestricted use section for barley. Sales the markup referred to in B of the unrestricted use section for rye. 1. Storable. Market price, as determined by will be madLe pursuant to the following Sales will be made CCC, but not less than the Agricultural Act announceme it: pursuant to the follow- Ing announcement: of 1949 formula minimum price for such A. Announ cement GR-212 (Revision 2, A. Announcement sales which is 105 percent of the applicable Jan. 9, 1961) for cash or other designated GR-212 (Revision 2, 1968 price-support rate 2 (published loan rate sales. Jan. 9, 1961) for cash or other designated Chicago, Kansas -City, Minne- plus 34 cents per hundredweight) for the Available. sales. class, grade, and quality of the grain sor- apolls, and Pt ortland grain offices. Available. Chicago, Kansas City, Portland, ghum, plus the markup shown in C of this and Minneapolis ASCS grain offices. unrestricted .OATS, BULK use section applicable to the RICE, ROUOH1 type of carrier Involved. Unrestricted use. 2. Nonstorable. At not less than market A. Storable.Market price, as determined by Unrestricteduse. price as determined by CCC. CCC, but no t less than 115 percent of the Market price but not less than 1968 loan C. Markups and examples (dollars per hun- applicable 19 68 price-support rates 2'for the rate plus 5 percent, plus 44 cents per hundredweight in-storeI No. 2 or better).. class, grade, and quality of the oats plus the dredweight, basis In store. n in B below. Available. Prices, quantities, and varieties B. Markup and example (dollars per Markup In-store of rough rice available from Kansas City received by- bushel in-stere I Basis No. 2 XHWO). ASCS Commodity Office. -. Examples COTTONr, UPLAND Truck Rail or barge Unrestricteduse. Markup in- Example A. Competitive offers under the terms and store conditions of Announcement NO-C-S2 (Sale $0.27Y4 $0.22% Feed grain pro domestic PIK certificate minimums: of Upland Cotton for Unrestricted Use).f Hale County Tex. ($1.63) 115 per- Under this announcement, upland cotton cent +$0.27; $2.I53. $0. 17, Redwood County, Minn. ($0.60+$0.03 acquired under price-support programs will Kansas City, Me. ($1.81) 115 per- be sold at the highest price offered but in no cent +$0.22YA; $2.31YA.. uality$50.1734; differential);$0.90M,. 115 percent Agricultural Act of 1949; stat. mini- event at less than the higher of (a) 110 per- imums: cent of the 1968 loan rate for such cotton, Hale County, Tex. ($1.63+50.34); C. Nonstorable.At not less than the market or (b) the market price for such cotton, as 105 percent +50.27y4; $2.3434. determined Kansas City, Mo. ($1.81+50.34); price as determined by CCC. by CCC. 105 percent +50.2234; $2.48%3. Export. B. Competitive offers under the terms and Sales are made at the higher of the conditions of Announcement NO-C-31 (Dis- domestic market price, as determined by position of Upland Cotton-In Redemption Export. of Payment-In-Kind Certificates or Rights in Sales are made at the higher of the do- CCC, or 115 percent of the applicable 1968 price-support loan rateoplds carrying charges Certificate Pools, In Redemption of Export mestic market price, as determined by CCC, Commodity Certificates, Against the "Short- or 115 In section B. The statutory minimum price percent of the applicable 1968 price- fall," and Under Barter Transactions), as support referred to in the price adjustment provi- loan rate plus carrying charges amended. Cotton may be acquired at its cur- in section C. The statutory minimum price sions of the following export sales announce- rent market price, as determined by CCC, but referred to in the price adjustment provisions ments is 105 percent of the applicable price- of the following export sales announcements support rate plus the markup referred to in B not less than a minimum price determined by is 105 percent of the applicable price-support of the unrestricted use section for oats. Sales CCC, which will in no event be less than 120 points (1.2 cents) per pound rate plus the markup referred to In C of the will be made pursuant to the following above the 1968 loan rate for such cotton. unrestricted use section for grain sorghum. announcement: Export. / Sales will be made pursuant to the following A. Announcement GR-212 (Revision 2, announcement: CCC disposals for barter.Competitive offers Jan. 9, 1961), for application to barter con- under the terms and conditions of Announce- A. Announcement GR-212 (Revision 2, tracts and for cash or other designated sales. ments CN-EX-28 Jan. 9, 1961) for cash or other designated (Acquisition of Upland Cot- Available. Kansas City, Chicago, Minne- ton for Export Under the Barter sales. Program) apolis, and Portland ASCS grain offices. and NO-C-81, as amended, at the prices de- Available. Kansas City, Chicago, Minne- scribed In the preceding paragraph ap6lis, ahd Portland ASCS grain offices. RYE, BULM B. COTTON, EXTRA LONG STAPLE BARLEY, BULK Unrestricteduse. A. Storable. Market price, as 'determined Unrestricteduse. Unrestricted use. by CCC, but not less than the Agricultural Competitive offers under the terms and A. Storable. Market price, as determined by Act of 1949 formula price which is 115 per- conditions of Announcement NO-C-6 (Re- CCC. but not less than 115 percent of the cent' of the applicable 1968 price-support vision 2) and Announcement NO-C-10 (Re- applicable 1968 price-support rates for the rate for the class, grade, and quality of the vised). Under these announcements extra grain plus the markup shown in B below long staple cotton (domestically-grown) will See footnotes at end of document. applicable to the type of carrier involved. be sold at the highest price offered but in

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 NOTICES 8933 no event at less than the higher of (a) 115 April 6, 1967, as amended, and the applica- nessee, Texas, and Wyoming (domestic percent of the current loan rate for such ble Invitation to Bid. and export). California (domestic only). cotton plus reasonable carrying charges, or Bids will Include, and be evaluated on the Connecticut, Delaware, Illinois, Indiana, (b) the market price as determined by CCC. basis of, price offered per pound f.o.b. storage Iowa, Kentucky, Maine, Maryland, Mas- Export. location. For certain destinations, CCC will sachusetts, Michigan, New Hampshire, CCC Disposals for Barter. Competitive as provided in the Announcement, as New Jersey, New York, Ohio, Pennsyl- offers under the terms and conditions of amended, refund to the buyer a "freight vanIa, Rhode Island, Virginia, Vermont, Announcement CN-EX-29 (Acquisition of equalization" allowance. and West Virginia (export only). American-Egyptian Cotton for Export under Copies of the Announcement or the Invi- Branch Office-Chicago ASCS Branch Office, the Barter Program), as amended, and An- tation may be obtained from the Cooperative 226 West Jackson Boulevard, Chicago, nouncement NO-C-6 (Revision 2), at not or Producer Associations Division, ASCS, Ill. 60606. Telephone: Area Code 312, less than the market price, as determined Telephone Washington, D.C., area code 202, 353-6581. by CCC. DU 8-3901. Connecticut, Delaware, Illinois, Indiana, FLAXSEED, B1ULI Iowa, Kentucky, Maine, Maryland, Mas- COTTON, UPLAND OR EXTRA LONG STAPLE sachusetts, Unrestricteduse. Michigan, New Hampshire, Unrestricted use. New Jersey, New York, Ohio, Pennsyl- A. Storable. Market price, as determined by Competitive offers under the terms and vania, Rhode Island, Virginia, Vermont, CCC, but not less than 105 percent of the conditions of Announcement NO-C-20 (Sale and West Virginia (domestic only). applicable 1968 price-support rate2 for the of Special Condition Cotton). Any such cot- Branch Office-Minneapolis ASCS Branch ton (Below Grade, Sample Loose, Damaged grade and quality of the flaxseed plus the applicable markup. Office, 31Q Grain Exchange Building, Pickings, etc.) owned by CCC will be offered Minneapolis, Minn. 55415. Telephone: for sale periodically on the basis of samples B. Markups and example (dollars per Area Code 612, 725-2051. representing the cotton according to sched- bushel in-store No. 1, 9.1-9.5 percent o1s- Minnesota, Montana, ture). North Dakota, South ules Issued from time to time by CCC. Dakota, and Wisconsin (domestic and Availability information. export). Sale of cotton will be made by the New Markup per Branch Office-Portland ASCS Branch Office, Orleans ASCS Commodity Office. Sales an- bushel re- 1218 Southwest Washington Street, nouncements, related forms and catalogs for ceived by- Example ol minimum prices- Portland, Oreg. 97205. Telephone: Area upland cotton and extra long staple cotton terminal and price Code 503, 226-3361. showing quantities, qualities, and location Truck Rail or Idaho, Oregon, Utah, and Washington may be obtained for a nominalfee from that barge (domestic and export sales), California office. (export sales only). COTTONSEED LMEAL, BULM $0.16M $0.12% Minneapolis, Minn. ($3.16) 105 per- PROCESSED COMMODITIES OFFICZ (ALL STATES) cent + $0.12YA; $3.44YL; Export: Minneapolis ASCS Commodity Office, 6400 Competitive offers, but not less than $45 France Avenue South, Minneapolis, Minn. per ton f.o.b. origin location under the terms C. Nonstorable. At not less than domestic 55435. Telephone: Area Code 612. 725-3200. and conditions of Announcement NO-CS-7. market price as determined by CCC. Sales will be made only for export to Far East Available. Through the Minneapolis ASCS coTTon OFFIE (ALL STATES) countries having ports on the Pacific Ocean Branch Office. New Orleans ASCS Commodity Office, Wirth or on a sea tributary thereto (including Aus- DAIRT PRODUCTS Building, 120 Marais Street, New Orleans, tralia and New Zealand).. La. 70112. Telephone: Area Code 504, Available. New Orleans Commodity Office. Sales arein carlots only in-store at stor- 527-7766. PEANUTS, SHELLED OR FARMLRS STOCK age location of products. GENERAL SALES MANAGER OFFICES Submission of offers. Restricted use sales. Submit offers to the Minneapolis ASCS Representative of General Sales Manager, When stocks are available in their area of Commodity Office. New York Area: Joseph Reldinger, Federal responsibility, the quantity, type, and grade NONFAT DRT MIm Building, Room 1759, 26 Federal Plaza, offered are announced in weekly lot lists New York, N.Y. 10007. Telephone: Area or invitations to bid Issued by the following: Unrestricteduse. Code 212, 264-8439, 8440, 8441. GFA Peanut Association, Camilla, Ga. Announced prices, under UP-14: Spray Representative of General Sales Manager, Peanut Growers Cooperative Marketing As- process, U.S. Extra Grade, 25.40 cents per West Coast Area, Callan B. Duffy, Ap- soclation, Franklin, Va. pound packed in 100-pound bags and 25.65 praisers' Building, Room 802, 630 San- Southwestern Peanut Growers' Association, cents per pound packed in 50-pound bags. some Street, San Francisco, Calif. 94111. Gorman, Tex. Export. Telephone: Area Code 415, 556-6185. Terms and conditions of sale are set forth Announced prices, under MP-23, pursuant in Announcement PR-1 of July 1, 1966, as to invitations Issued by Minneapolis' ASCS ASCS STATE OFncsS amended, and the applicable lot list. Commodity Office. Invitations will indicate Illinois, Room 232, U.S. Post Office and Court- 1. Shelled peanuts of less than U.S. No. 1 the type of export sales authorized, the an- grade may be purchased house, Springfield, Ill. 62701. Telephone: for foreign or do- nounced price and the period of time such Area Code 217,525-4180. mestic crushing. price will be in effect. Indiana, Room 110, 311 West Washington 2. Farmers stock: Segregation 1 may be Street, Indianapolis, Ind. 46204. Telephone: purchased and milled to produce U.S. No. 1 Area Code 317, 633-8521. or better grade shelled peanuts which may Unrestricteduse. Iowa, Room 937, Federal Building, 210 Wal- be exported. The balance of the kernels in- Announced prices, under MP-14: 75.25 nut Street, Des Moines, Iowa 50309. Tele- cluding any graded peanuts not exported cents per pound-New York, Pennsylvania, phone: Area Code 515, 284-4213. must be crushed domestically. Segregation 2 New Jersey, New England, and other States Kansas, 2601 Anderson Avenue, Manhattan, and 3 peanuts may be purchased for domestic b'ordering the Atlantic Ocean and Gulf of Kans. 66502. Telephone: Area Code 913, crushing only. Mexico. 74.5 cents per pound-Washington, JE 9-3531. Sales are made on the basis of competitive Oregon, and California. All other States 74.25 Michigan, 1405 South Harrison Road, East bids each Wednesday by the Producer Asso- cents per pound. Lansing, Mich. 48823. Telephone: Area clations Division, Agricultural Stabilization FOOTNOTES Code 517, 372-1910. and Conservation Service, Washington, D.C. Missouri, I.O.O.F. Building, 10th and Wal- 20250, to which all bids must be sent. The formula price delivery basis for bin- nut Streets, Columbia, Mo. 65201. Tele- TUNG OIL site sales will be f.o.b. phbne: Area Code 314,442-3111. 2Round product up to the nearest cent. Minnesota, Boom 230, Federal Building and Unrestricteduse. USDA AORIctLTURAL STAB=LxzAr oN AND CoN- U.S. Courthouse, 816 Robert Street, St. Sales are made periodically on a competi- SERVATION SERVICE- OFICES Paul, Minn. 55101. Telephone: Area Code tive bid basis. Bids are submitted to the 612,725-7651. Producer Association Division, Agricultural GRAMlt OFFICES Montana, Post Office Box 670, U.S.P.O. and Stabilization and Conservation Service, Kansas City ASCS Commodity Office, -8930 Federal Office Building, Bozeman, Mont. Washington, D.C. 20250. Ward Parkway (Post Office Box 205), 59715. Telephone: Area Code 406, 587-4511, The quantity offered and the date bids are Kansas City, Mo. 64141. Telephone: Ext. 3271. to be received are announced to the trade Area Code 816, Emerson 1-0860. Nebrasla. Post Office Box 793, 5801 0 Street, in notices of Invitations to Bid, issued-by the Alabama,.Alaska, Arizona, Arkansas, Colo- Lincoln, Nebr. 68501. Telephone: Area Code National Tung Oil Marketing Cooperative, rado, Florida, Georgia, Hawaii, Kansas, 402, 475-3361. Inc., Poplarville, Miss. 39470. Louisiana, Mississippi, Missouri, Ne- North Dakota, Post Office Box 2017, 15 South Terms and conditions of sale are as set braska, Nevada, New Mexico, North Caro- 21st Street, Fargo, N. Dak. 58103. Tele- forth in Announcement NTOM-PR4 of lina, Oklahoma, South Carolina, Ten- phone: Area Code 701, 237-5205.

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8934 NOTICES

Ohio, Room 116, Old Federal Building, Co- Effective date: May 21,.1969. Office of the Secretary lumbus, Ohio 43215. Telephone: Area Code 614,469-6814. LARRY A. JOBE, AIR POLLUTION CONTROL; INTER- South Dakota, Post Office Box 843, 239 Wis- Assistant Secretary STATE AIR POLLUTION IN THE NEW consin Street SW., Huron, S. Dak. 57350. for Administration. CUMBERLAND, W. VA.-KNOX Telephone: Area Code 605, 352-8651, Ext. 1969; 321 or 310. [F.R. Doc. 69-6544; Filed, June 3, 8:46 a.m.] TOWNSHIP, OHIO, AREA Wisconsin, Post Office Box 4248, 4601 Ham- mersley Road, Madison, Wis. 53711. Telf- Conference of Air Pollution Control phone: Area Code 608, 254-4441, Ext. 7535. Agencies; Notice of Date, Time, and (See. 4, 62 Stat. 1070. as amended; 15 U.S.C. DEPARTMENT OF HEALTH, EDU- Place 7141b. Interpret or apply see. 407, 63 Stat. con- 1066; see. 105, 63 Stat. 1051, as amended by 76 Pursuant to the notice calling a Stat. 612: sees. 303, 306, 807, 76 Stat. 614-617; CATION, AND WELFARE ference of air pollution control agencies 7 U.S.O. 1441 (note)) concerning interstate air pollution in the Food and Drug Administration New Cumberland, W. Va.-Knox Town- Signed at Washington, D.C., on ship, Ohio, Area (34 F.R. 7180, May 1, May 29, 1969. C. J. PATTERSON CO. 1969), and after consultation with air KENNETH E. FRICK, pollution control officials of the States Executive Vice President, Notice of Filing of Petition for Food of West Virginia and Ohio, such con- Commodity Credit Corporation. Additives ference will be convened on July 8,1969, [F.R. Doc. 69-6577; Filed, June 3, 1969; Pursuant to the provisions of the Fed- at 10 a.m., e.d.t., in the Hancock County 8:49 a.m.] eral Food, Drug, and Cosmetic Act (see. Courthouse, New Cumberland, W. Va., 409(b)(5), 72 Stat. 1786; 21 U.S.C. and notice thereof is hereby given to the 348 (b)(5) ),notice is given that a petition air 'pollution control agencies of the (FAP 9A2403) has been filed by C. J. following: DEPARTMENT OF COMMERCE - Patterson Co., 3947 Broadway, Kansas State of Ohio (Ohio Air Pollution Control City, Mo. 64111, proposing that § 121.1211 Board); Office of the Secretary Sodium steroyl-2-lactylate (21 CFR State of West Virginia (West Virginia Air [Department Order 2-B; Amdt. 31 121.1211) beamendedto plovide for the Pollution Control Commission); and stearoyl-2-iactylate ENVIRONMENTAL SCIENCE SERVICES safe use of sodium All the following municipalities as de- as an emulsifier in liquid or solid-state, fined in section 302(f) of the Clean Air ADMINISTRATION edible vegetable fat-water emulsions in- Act, as amended (42 U.S.C. 1857h(f)): Coast and Geodetic Survey; Field tended as a substitute for milk or cream In the State of Ohio: Jefferson County; Knox Structure in coffee (beverage). Township, Jefferson County; and munici- Dated: May 26, 1969. - palities located within Knox Township. This material further amends the ma- In the State of West Virginia: City of New terial appearing at 33 F.R. 4277 of R. E. DUGGAN, Cumberland. March 7, 1968, and 34 F.R. 2275 of Feb- Acting Associate Commissioner I for Compliance. Any municipality desiring to make a ruary 15, 1969. formal presentation at the conference Department Order 2-B, dated Febru- [P.R. Doc. 69-6533; Filed, June 3, 1969; should file a notice of ,such intention ary 23, 1968, is hereby furthe amended 8:45 a.m.] with the Presiding Officer, National Air as follows: Pollution Control Administration, Room SEC. 6. Coast and Geodetic Survey. 907, Ballston Center Tower No. 2, 801 Paragraph .07 is amended to read: WOOLFOLK CHEMICAL WORKS, North Randolph Street, Arlington, Va. .07 The Field Structure consists of the LTD. The various organizational elements, as enu- 22203, not later than June 30, 1969. Notice of Filing of Petition Regarding agencies called to attend such conference merated below. The Atlantic and Pacific may bring such persons as they desire to Marine Centers provide their own ad- Pesticides ministrative support, including that re- the conference. Pursuant to the provisions of the Fed- A technical report concerning air pol- quired by vessels under their respective (see. jurisdictions and, where feasible and eral Food, Drug, and Cosmetic Act lution in the New Cumberland, W. Va.- practical, extend this support to other 408(d) (1), 68 Stat. 512; 21 U.S.C. 346a Knox Township, Ohio, Area entitled (d) (1)), notice is given that a petition "New Cumberland, W. Va.-Knox Town7 ESSA field units. The Mid-Continent (PP 9F0827) has been filed by Woolfolk Field Director obtains administrative ship, Ohio Air Pollution Abatement Ac- support from the Weather Bureau region Chemical Works, Ltd., Fort Valley, Ga. tivity" prepared by the National Air in the same city. Activities listed in sub- 31030, proposing the establishment of Pollution Control Administration is - paragraph .07c. below receive adminis- tolerances (21 CFR Part 120) for residues aYailable to interested persons upon re- trative support from ESSA Headquarters. of zinc in or on the raw agricultural quest made to the Presiding Officer. In- The locations of the principal field ele- commodities cherries, peaches, and plums terested persons desiring to present their ments are shown in Exhibit 2.1 at 30 parts per million froffi the appli- views to the conference with respect to cation of the fungicide basic zinc sulfate. a. The Atlantic and Pacific Marine such report and other pertinent informa- Centers, the heads of which report to The analytical method proposed in the tion should file, not later than June 30, the Director, Coast and Geodetic Survey; petition for determining residues of zinc 1969, a notice of such intention, and, if (as Zn) consists of homogenizing, ash- practicable, five copies of the proposed b. The Mid-Continent Field Director ing, and finally digesting the sample in presentation (and other relevant mate- who reports to the Director, Coast and hydrochloric acid until completely dis- rial) with the Presiding Officer. Geodetic Survey, and is responsible for solved. The amount of zinc present is A transcript of the proceedings will be managing mobile field parties; and determined using an atomic absorption maintained and will be made available c. Observatories, a seismology center, spectrophotometer. on request of any person at the expense of such person. and a geomagnetic center which report Dated: May 27, 1969. to the appropriate program components Dated: May 27, 1969. J. K. Knuc, at the headquarters of the Coast and Associate Commissioner WILLIAM H. MEGONNELL, Geodetic Survey. for Compliance. Presiding Officer. [P.R. Doe. 69-6534; Filed, June 3, 1969; [P.R. Doc. 69-6445; Filed, June 3, 1969; I Filed as part of original document. 8:45 am.] 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 NOTICES 8935

sion designated the application for cient, standing alone, to meet WNAR's CIVIL SERVICE COMMISSION hearing under areas and populations and burden under Issue 2, the suburban com- suburban community issues2 After hear- munity issue. Even if the Review Board DEPARTMENT OF JUSTICE ing on these issues and close of the disagrees with its contentions, the Bu- Notice-of Title Change in Noncareer record, an initial decision (FCC 68D-35, reau, citing Deep South Broadcasting Co. Executive Assignment 13 RR 2d 199) was released on May 13, v. FCC, 247 F. 2d 459, 4 RR 2d 2018 (D.C. 1968, proposing a grant of the applica- Cir. 1965), maintains its right to cross- By notice of November 17, 1967, F.R. tion. Subsequent to the assignment of examine WNAR's witnesses before the Doc. 67-13608, the Civil Service Com- Station WNAR's license to WNAR (see close of the record in this proceeding. mission authorized the departments and note 1, supra), a joint petition for leave The Bureau also notes that neither Nor- agencies to fill by noncareer executive to aliend was filed by Norristown and ristown nor W,7NAR has any objection to assignment, certain positions removed WNAR with the Review Board seeking such procedure. from Schedule C of Civil Service Rule VI to substitute WNAR as the applicant in 4. The January 30, 1969, amendment by 5 CFR 213.3301a on November 17, this proceeding. Due to a lack of in- includes. (a) Affidavits of Victor Mauck, 1967. This is notice that the titles of two formation concerning WNAR's financial Jr., WNAR's president, treasurer, direc- such positions so authorized to be filled qualifications and its proposed program- tor, and 60 perceflt stockholder, and of by noncareer executive assignment have ing, the Board held in abeyance, for 15 Charles Wister, the assignee's vice presi- been changed from "First Assistant to days, action on said petition pending dent, director, and 40 percent stockhold- the Assistant Attorney General" to "Dep- receipt of supplemental information. er; (b) revised sections III and IV of FCC uty Assistant Attorney General" and Memorandum opinion and order, FCC Form 301 reflecting WNAR's plan of fi- "Second Assistant to the Assistant At- 69R-24, 15 FCC 2d 977, released January nancing the station's operation and its torney General" to " Deputy Assistant - 15, 1969. On January 30, 1969, the peti- proposed programing; and (c) a state- Attorney General". tioners jointly filed a supplemental peti- ment, incorporating by reference, the UNITED STATES CIVIL SERV- tion for leave to amend and simultane- previously noted application for consent ICE COMMnSSION, ously' tendered an amendment to the to the assignment of Station WNAR's li- [SEAL] JAMES C. SPRY, pending 'Norristown application. The cense. In its amendment, WNAR contem- Executive Assistant to petition and the accompanying amend- plates the acquisition of additional ment are now before the Board for its cost of the Commissioners. 5 broadcast equipment at a total consideration. $49,783. An expenditure of $10,000 has [F.R. Doc. 69-6569; Filed, June 3, 1969; 3. The Broadcast Bureau interposes 8:48 am.] been budgeted to meet the costs of equip- no objection to a grant of the supplement installation, engineering, and other mental petition for leave to amend, miscellaneous expenses, such as the fi- maintaining that the amendment is nec- nance charges accruing under a credit essary to update the application so as to arrangement with the equipment sup- FEDERAL. COMMUNICATIONS reflect the applicant's new ownership plier. WNAR also estimates that its first- following Commission approval of the year cost of operation will increase by COMMISSION. assignment application. However, it is approximately $15,000 as a result of the [Docket No. 14952; FCC 69R-244] the Bureau's position that the amend- proposed modification of facilities. To ment, to the extent that it relates to the offset these anticipated expenditures, NORRISTOWN BROADCASTING CO., issues in this proceeding, constitutes an WNAR intends to rely upon a deferred INC. (WNAR) entirely new proposal which requires re- credit arrangement with the Gates Radio opening of the record and remand for Co. (Gates),5 existing capital ($25,000), Memorandum Opinion and Order further hearing under the suburban com- and operating income. A projection of Enlarging Issues munity issue. According to the Bureau, $275,000 in first-year revenues is prof- In re .pplication of Norristown that issue requires, among other things, fered by WNAR, which also estimates its Broadcasting Co., Inc. (WNAR), Norris- a showing concerning the applicant's as- station's cost of operation during this town, Pa., Docket No. 14952, File No. BP- certainment of the separate and distinct period to be $225,000. To the extent that 12902; for construction permit. programing needs for Norristown, Pa.; WNAR's sources of funds are insufficient 1. Norristown Broadcasting Co., Inc. the extent to which existing standard to meet these estimated costs, WNAR's (Norristown), and WNAR, Inc. (WNAR), broadcast stations are meeting those stockholders have allegedly indicated jointly request leave to amend the above- needs; and the extent to which the ap- that they will be personally responsible, captioned Norristown application by plicant's program proposal will meet for supplying the necessary funds. With substitutirig WNAR as the- applicant in those specific, unsatisfied programing WNAR, needs. Contending that the evidence respect to proposed programing, this proceeding. originally submitted by Norristown un- which modified the general format and 2. This proceeding involves the ap- programing of its station at the time of- plication of Norristown for authority to der the suiburban community issue is no modify the facilities of standard broad- longer relevant in light of WNAR's new cast Station WNAR, Norristown, Pa., a proposal, the Bureau submits that fur- ',The Broadcast Bureau does not comment daytime-only Class II facility which pres- ther hearing is required for, notwith- on the sufficiency of WNAs's showing con- standing that the proffered amendment cerning its financial qualifications and the ently operates nondirectionally with 500 it proposes for its station. watts on 1110 kHz.1 The applicant seeks may be adequate to render the applica- programing tion current and complete,' it is insuffi- 6 Under the terms of the deferred credit both to increase power from 500 watts to arrangement with Gates, WNAB is required 5 kilowatts, 1 kilowatt during critical to make a $12,445.75 downpayment, repre- hours, and to utilize a directional :!See Policy Statement on Section 307(b) senting 25 percent of the total purchase antenna. By memorandum opinion and Considerations for Standard Broadcast price ($49,783), with the balance payable in, order, 6 FCC 2d 718, 9 RR 2d 331, re- Facilities Involving Suburban Communities, 36 equal monthly installments commenc- leased February 16, 1967, the Commis- 2 FCC 2d 190, 6 RP. 2d 1901 (1965), recon- ing 60 days after shipment of the transmit- -sideration denied 2 FCC 2d 866, 6 RR 2d 1908 ter. The finance cost is to be determined (1966). by Gates' standard rate in effect at the time 'On Nov. 19, 1968, the Commission ap- 3No pleadings were proffered in response WNAR's order is made final. WNAP rep- proved without hearing the assignment of to the petition for leave to amend and sub- resents that a finance charge of 51/2 percent the license of Station WNAR from Norris- stitute parties, filed Dec. 26, 1968, by Norris- -will be incurred. During its first year of town to WNAR. See public notice of Nof. 20, town and WNAR. However, on Feb. 10, 1969, operation, WNAR payments under the Gates' 1968, Report No. 7691. The assignment was the Broadcast Bureau filed comments with arrangement would total $12,445.75, exclu- consummated by the parties on Dec. 2, 1968. respect to the supplemental petition. sive of a total finance cost of $2,023.55.

FEDEPAL -REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8936 NOTICES the assignment," maintains that the Norristown under the purchase agree- available to effectuate its proposal is needs and interests of Norristown are ment for Station WNAR. The first-year warranted. similar and closely related to the needs interest' charge of $34,200 under the 7. As the Commission has noted, where and interests of the general suburban agreement is not disclosed on the bal- an applicant seeks to improve its facili- areas to be gained by its proposal. In ance sheet. Rather than su1stantiating ties and thereby to serve a substantial support of this contention, WNAR notes the availability of $25,000 in existing amount of new area or population, the the long-term area residency of its stock- capital, the applicant's balance sheet in- fact that the gain area is contiguous to holders, their experience acquired in the dicates current liabilities in excess of cur- the present service area is not deter- operation of Station WNAR since the as- rent liquid assets. WNAR's financial pos- minative of whether the programing pro- signinent, and the broadcast experience ture is further obscured since the bal- posal is -responsive to the needs and in- of Wister, who, from 1950 to mid-1965, ance sheet, in reflecting the current and terests of the new service area; and, ac- was employed by various radio and tele- long-term liability to Norristown, is in- cordingly, the applicant must comply vision stations in the city of Philadelphia. consistent with an earlier arrangement with the Suburban doctrine and the cri- In addition, the applicant submits that it between WNAR and Mauck who had teria set forth ii Minshall Broadcasting has recently contacted 15 community agreed to lend the applicant sufficient Co., Inc., 11 FCC 2d 796, 12-RR 2d 502 leaders in the new areas that will be capital to satisfy the maturing install- (1968), and the Commission's Public No- served if its application is granted. ments of principal and interest under tice of August 22, 1968, Ascertainment of 5. The Review Board is of the opinion the purchase agreement with Norristown. Community Needs by Broadcast Appli- that the substitution of WNAR as the See BAL-6407-Exhibit G. The applicants (FCC 68-847, 33 FR 12213, 13 RR applicant in this proceeding and the Jan- cant's reliance on anticipated revenues 2d 1903). See WLVA, Incorporated, 15 uary 30, 1969, amendment should be al- is inappropriate since the basis of its FCC 2d 757, 15 RR 2d 105 (1968); also lowed and that WNAR should be afforded projection is not set forth in the Jan- -see Meredith Colon Johnston (WECP), the opportunity to demonstrate at an uary 30, 1969, amendment and since there FCC 69-232, 16 FCC 2d 928; Jackson evidentiary hearing not only the extent is no indication that WNAR's estimate Missouri Broadcasting Co., FCC 68-1015, to which its program proposal (see note is predicated upon the past operation of 14 RR 2d 445. In the opinion of the Re- 6, supra) meets the specific and unsatis- Station WNAR or upon an analysis of its view Board, WNAR has failed to demon- fied needs of its specified station location, market. See Tri-Cities' Broadcasting strate that it is aware of and responsive but also the other factors utilized by the Corporation, 10 FCC d 490, 11 RR -2d to the needs and interests of the proposed Commission in determining whether an 609 (1967); Sawnee Broadcasting Com- gain area. Although Station WNAR will applicant has met its burden under a pany (WSWE), .5FCC 2d 120, 8 RR 2d more than double its interference-free suburban community issue.' The Board 766 (1966). WNAR's reliance upon its service area and will, as a result, encom- will therefore reopen the record and re- stockholders to provide, the necessary pass therein over 2.6 million additional mand this proceeding to the Hearing funds is also unacceptable. The only in- persons, WNAR has contacted only 15 Examiner for the adduction of further dications of the stockholders' "commit- community leaders from the gain area. evidence and for the preparation of a ments" are their signatures on the ex- The conversations with and the sugges- supplemental initial decision. At the same hibit (Exhibit B), attached to the amend- tions elicited from these individuals are time, we believe that the issues in this ment, wherein the applicant indicates not adequately described in the Janu- proceeding should be enlarged by the that these individuals "will be personally ary 30, 1969, amendment. Their com- specification of financial and Suburban responsible" for supplying additional ments, as set forth by WNAR, are pre- issues against the substituted applicant, capital if necessary. The terms of repay- dominantly indications of interests to WNAR. ment and security, if any, and the effect publicize the general objectives of the 6. In the Board's view, material ques- thereof upon the applicant's first-year organizations which the interviewees tions exist with respect to the availability obligations are not detailed. In addition, represent. We do not believe that WNAR's of the funds upon which WNAR relies to the ability of these stockholders to fur- sampling, which apparently does not in- offset total cash requirements of $49,- nish the necessary capital has not been clude contacts with any of the gain 891.50.-The applicant's balance sheet, established since their balance sheets, area's local public officials, law enforce- dated December 1, 1968 (attached as Ex- incorporated by reference from the as- ment representatives, or religious hibit A to Jan. 30, 1969, amendment), re- signment application, do not reveal their leaders,'" is a representative cross- flects a cash asset of $40,000 and current current financial posture. These balance section of those who speak for in- liabilities of $50,000, which represent sheets, dated April 30, 1968, do not reflect formed group opinion in the area. More- first-year repayments of principal to the assets utilized in satisfying the stock- over, .the sampling does not cover any holders' previous financial commitments member of the general listening public 9 OSpecifically, WNAR increased the sta- to WNAR and the effect these outlays who will receive the station's signal in tion's total hours of operation from 82.5 to had upon the stockholders' liquid assets. the gain area. See Report and Statement 84 hours; augmented the amount of time In view of the foregoing deficiencies in of Policy Re: Commission En Banc Pro- devoted to music from 55 percent to 66.09 WNAR's financial showing, the Board gramming Inquiry, FCC 60-970, 25 FR percent; and direclbd the appeal of the sta- believes that an evidentiary inquiry into 7291, 20 RR 1901, 1915. The alleged fa- tion's programing to an adult audience. miliarity of the applicant's stockholders The amount of time devoted to news and the question of whether WNAR has funds public affairs programs was reduced from with the needs and interests of the gain 12 hours, 22 minutes and 11 hours, 31 min- "In order to demonstrate its financial qual- area cannot suffice as a substitute for an utes to 8 hours, 27 minutes and 2 hours, 15 ifications at the time of the assignment, acceptable survey. See Vernon Broad- minutes, respectively. Finally, the amount WNA3 relied upon subscriptions of its stock casting Company, 12 FCC 2d 946, 13 RR of time directed to all other programs, ex- and debentures. Wister'd stock and-debenture 2d 245 (1968). Thus, the Review Board clusive of entertainment and sports, was subscriptions totaled $108,000. Since his believes that an evidentiary inquiry is lessened from 6 hours, 37 minutes to 2 hours, Apr. 30, 1968, balance sheet did not reflect warranted s6 that WNAR can fully dem- 45 minutes. sufficient net liquid assets to meet both sub- 'Cf. Lebanon Valley Radio, 11 FCC 2d 31, s-criptions, Mauck agreed to lend him $72,000. onstrate its efforts to ascertain the 11 RE 2d 998 (1967). In the event that Wister liquidated or en- needs and interests of the area and popu- 8 The total cost of construction and frt;- cumbered his fixed assets, the proceeds lation to be gained by its proposal and year operation is as follows: Downpayment thereof would be applied to satisfy Mauck's for the technical equipment to be obtained loan. In addition to his $72,000 advance to from Gates ($12,445.75); repayments of prin- Wister, Mdauck subscribed to $148,500 of 10Although no contact with the gain area's cipal under the Gates' credit arrangement WNAR's stock and debentures. As noted religious leaders is detailed, WNAR repre- ($12,445.75); miscellaneous expenses, includ- above. Mauck also agreed to meet WNAR's sents that "Church programs will be carried ing finance charges under the Gates' credit liability to Norristown, under which obliga- in conjunction with the Council of arrangement ($10,000); and increased cost of tion a current liability of $34,200 would be Churches." See Amendment of Jan. 30, 1969, station operation ($15,000). incurred. Exhibit R.

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 NOTICES 8937

the manner in which it intends to meet made pursuant to Sun Oil Co. (DX Divi- those needs and interests.u FEDERAL POWER COMMISSION sion) (Operator) et al., FC Gas Rate 8. Accordingly, it is ordered, That the Schedule No. 290. Said rate schedule will petition for leave to amend and substi- [Docket No. G-3117, etc.] be redesignated as that of Applicant. On cite parties, filed December 26, 1968, by HUMBLE OIL & REFINING CO. October 3, 1968, Sunray DX Oil Co. (Op- Norristown Broadcasting Co., Inc. and erator) et al., predecessor in interest to WNAR, Inc., and the supplemental peti- ET AL. Sun Oil Co. (DX Division) (Operator) tion for leave to amend, filed January 30, Findings and Order et al., filed with the Commission a notice 1969, by Norristown Broadcasting Co., of change in rate under'its FPC Gas Rate Inc. and WNAR, Inc., are granted; that MAY 26, 1969. Schedule No. 290, now Sun Oil Co. (DX WNAR, Inc., is substituted for Norris- Findings and order after statutory Division) (Operator) et al., FPC Gas town Broadcasting Co., Inc., as the appli- hearing issuing certificates of public con- Rate Schedule No. 290. By order issued cant in this proceeding; and- that the venience and necessity., canceling docket October 28, 1968, "in Docket No. R169- amendment tendered with the supple- numbers, amending orders issuing certif- 171 et al., the Commission suspended the mental petition for leave to amend on icates, permitting and approving aban- proposed change in Docket No. R169-175 January 30, 1969, is accepted; and donment of service, terminating certifi- until April 3, 1969, and thereafter until 9. It is further ordered, That, on the cates, terminating proceeding, sub- made effective. The change was desig- Review Board's own motion, this pro- stituting respondent, making successors nated as Supplement No. 2 to the subject ceeding is remanded to the Hearing Ex- co-respondents, redesignating proceed- rate schedule. On March 21, 1969, Appli- aminer for further hearing and for the ings, making rate change effective, cant filed a motion to -be made co- preparation of a supplemental initial de- accepting agreements and undertakings respondent in the proceeding pending in cision consistent with this opinion; and for filing, and accepting related rate Docket No. R169-175; and on April 1, 10. It is further ordered, That the is- schedules and supplements for filing. 1969, Applicant filed a motion to make -sues in this proceeding are enlarged as Each of the Applicants listed herein the change in rate effective, together follows: has filed an application pursuant to sec- with an agreement and undertaking to (4) To determine as to WNAR, Inc., tion 7 of the Natural Gas Act for a cer- assure the refund of any amounts col- the amount of funds available to con- tificate of public convenience and neces- lected in excess of the amount deter- struct and operate its proposed facility. sity authorizing the sale and delivery of mined to be just and reasonable in (5) To determine whether WNAR, natural gas in interstate commerce or Docket No. R169-175 for sales under the Inc. will depend upon operating revenues for permission and approval to-abandon subject rate schedule. Therefore, Appli- to meet costs and first-year's operating service or a petition to amend an order cant will be made a co-respondent in expenses and, if so, the basis of its esti- issuing a certificate, all as more fully set said proceeding; the proceeding will be mated revenues for the first year, forth in the applications and petitions, redesignated accordingly; the change in whether such estimate iS reasonable, and as supplemented and amended. rate will be made effective subject to re- the extent to which net operating reve- Applicants have filed related FPC gas fund; and the agreement and undertak- nues may be relied on to yield necessary rate schedules or supplements thereto ing will be accepted for filing. funds for the initial construction and and propose to initiate, abandon, add to, Holly Corp., Applicant in Docket No. operating cost. or discontinue in part natural gas serv- C169-837, proposes to continue in part (6) To determine on the basis of the ice ,in interstate commerce as indicated the sale of natural gas heretofore au- evidence adduced under the aforesaid in the tabulation herein. All sales cer- thorized in Docket No. CI67-851 to be issues, whether WNAR,.Lnc., is financially_ tificated herein are at rates either equal made pursuant to Pan American Petro- qualified. to or below the ceiling prices established leum Corp. FPC Gas Rate Schedule No. (7) To determine the efforts made by by the Commission's statement of gen- 494. The contract comprising said rate WNAR, Inc. to ascertain the community eral policy No. 61-1, as amended, or in- schedule will also be accepted for filing needs and interests of the gain area to be volve sales for which permanent certifi- as a rate schedule of Applicant. Prior to served and the means by which the ap- cates have been previously issued; except the effective date of the assignment of plicant proposes to meet those needs and that sales from areas for which area rates the producing properties to Applicant, interests; have been determined are authorized to Pan American filed a notice of change in be made at or below the applicable area rate under its rate schedule. The change and that existing Issue 4 is redesignated base rates, adjusted for quality of the as Issue 8; and was suspended in Docket No. R169-206 gas, and under the conditions prescribed until April 14, 1969, and thereafter until 11. It is further ordered, That, the in the orders determining said rates. made effective. Subsequent to the as- burdens of proceeding with the intro- Midhurst Oil Corp., Applicant in signment of the producing properties, duction of evidence and of proof under Docket No. G-9579, proposes to continue Pan American filed a motion to make the the above-designated issues will be upon the sale of natural gas heretofore author- change in rate effective April 14, 1969. the applicant, WNAR, Inc. ized in said docket to be made pursuant Applicant has filed a motion to be made a Adopted: May 27,1969. to Rycade Oil Corp. FPC Gas Rate o-responden in Docket No. R169-206 Released: May 28, 1969. Schedule No. 2. Said rate schedule will and will be made a party to the proceed- be redesignated as that of Applicant. The ing. If Applicant desires to collect the FEDERAL COMMUNCATIONS presently effective rate -under said rate increased rate, it should file a motion to COMMISSION," schedule is in effect subject to refund in that [SEAL] effect as provided by section 154.102 BEN F. WAPLE, Docket No. R164-444. A prior increased of the regulations under the Natural Gas Secretary. rate was collected for a locked-in period Act. Until the change in rate is made [F.R. Doc. 69-6551; Filed, June 3, 1969; subject to refund in Docket No. G-17364. effective with respect to sales from Ap- 8:47 am.] Applicant has filed motions to be substi- plicant's inteiests in the producing prop- tuted in lieu of Rycade as respondent in erties acquired from Pan American, nSince the release of the initial decision both of said proceedings, together with Applicant shall charge and collect the in this proceeding, the parties have requested agreements and undertakings to assure applicable area base rate, adjusted for and have been granted several extensions of time within which to file exceptions to the the refund of all amounts collected in quality, prescribed in Opinion No. 468, initial decision. The last filing date set by excess of the amounts determined to be 34 FPC 159, as modified by Opinion No. the Board was Feb. 10, 1969, and there have just and reasonable in said proceedings. 468-A, 34 FPC 1068. been no further requests for extensions of Therefore, Applicant will be substituted The Commission's staff has reviewed time to file exceptions. Since the failure to as respondent; the proceedings will be each application and recommends each file further requests may be due to the pend- redesignated accordingly; and the agree- action ordered as consistent with all ency of the pleadings under consideration ments and undertakings will be accepted substantive Commission policies and re- herein and in view of our ultimate disposi- for filing. tion of those pleadings, we will permit the quired by the public convenience and filing of exceptions, when appropriate, to Texaco, Inc. (Operator), et al., Appli- necessity. both the initial decision and the supple- cant in Docket No. CI64-1135, proposes After due notice by publication in the mental initial decision. to continue the sale of natural gas here- FEDERAL REGISTER, no petitions to inter- =Board member Nelson absent. tofore authorized in said docket to be vene, notices of intervention or protests

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8938 NOTICES to the granting of the applications have and CI69-857 should be canceled and Act and the applicable rules, regulations, been filed. that the applications filed therein should and orders of the Commission. At a hearing held on May 21, 1969, the be treated as petitions to terminate the (C) The grant of the certificates is- Commission on its own motion received certificates heretofore issued in Dockets sued in paragraph (A) above shall-not and made a part of the record in.this Nos. C164-983 and C164-1072, respec- be construed as a waiver of the require- proceeding all evidence, including the tively. ments of section 4 of the Natural Gas applications and petitions, as supple- (9) It is necessary and appropriate in Act or of Part 154 or Part 157 of the mented and amended, and exhibits carrying out the provisions of the Nat- Commission's regulations thereunder and thereto, submitted in support of the au- ural Gas Act that the certificates here- is without prejudice to any findings or thorizations sought herein, and upon tofore issued to Applicants relating to the orders which have been or which may consideration of the record, abandonments hereinafter permitted hereafter be made by the Commission in The Commission finds: and approved should be terminated or any proceedings now pending or here- (1) Each Applicant herein is a "nat- that the orders issuing said certificates after instituted by or against Applicants. ural-gas company" within the meaning should be amended-by deleting therefrom Further, our action in this proceeding of the Natural Gas Act as heretofore authorization to sell natural gas from shall not foreclose nor prejudice any found by the Commission or will be en- the subject acreage, future proceedings or objections relating; gaged in the sale of natural gas in inter- (10) It is necessary and appropriate in to the operation of any price or related state commerce for resale for ultimate carrying out the provisions of the Nat- provisions in the gas purchase contracts public consumption, subject to the juris- -ural Gas Act .thiat the rate suspension herein involved. Nor shall the grant of diction of the Commission, and will, proceeding pending in Docket No. R166- the certificates afofesaid for service to therefore, be a "natural-gas company" 316 should be terminated only with re- the particular customers involved imply within the meaning of the Natural Gas spect to Union Oil Company of California approval of all of the terms of the con- Act upon the commencement of service FPC Gas Rate Schedule No. 115. tracts, particularly as to the cessation of under the authorizations hereinafter (11) It is necessary and appropriate service upon termination of said con- granted. in carrying out the provisions of the Nat- tracts as provided by section 7(b) of the (2) The sales of natural gas herein- ural Gas Act that Midhurst Oil Corp. Natural Gas Act. The grant of the cer- before described, as more fully described should -be substituted in lieu of Rycade tificates aforesaid shall not be construed in the applications in this proceeding, Oil Corp. as respondent in the proceed- to preclude the imposition of any sanc-, will be made in interstate commerce ings pending in Dockets Nos. G-17364 tions pursuant to the provisions of the subject to the jurisdiction of the Com- and RI64-444, that said proceedings Natural Gas Act for the unauthorized mission; and such sales by Applicants; should be redesignated accordingly, and . commencement of any sales of natural together with the construction and that the agreements and undertakings gas subject to said certificates. operation of any facilities subject to the submitted by Midhurst in said proceed,- (D) The grant of the certificates is- jurisdiction of the Commission neces- ings should be accepted for filing, sued herein on certain applications filed sary therefor, are subject to the require- (12) It is necessary and appropriate after July 1, 1967, is upon the condition ments of subsections (c) and (e) of sec- in carrying out the provisions of the Nat- that no increase in rate which would ex- tion 7 of the Natural Gas Act. ural Gas Act that Texaco Inc. (Opera- ceed the ceiling prescribed for the given (3) Applicants are able and willing tor), et al., should be made a co-respond- area by paragraph (d) (3) of the Com- properly to -do the, acts and to perform ent in the proceeding pending in Docket mission's statement of general policy No. the service proposed and to conform to No. R169-175; that said proceeding 61-1, as amended, shall be filed prior to the provisions of the Natural Gas Act should be redesignated accordingly;- that the applicable date indicated in the and the requirements, rules, and regula- the proposed change in rate suspended tabulation herein. tions of the Commission thereunder. in said proceeding should be made effec- (E) The certificates issued herein and (4) The sales of natural gad by Appli- -tive with respect to sales from Texaco's the amended certificate are subject to cants, together with the construction and interests; and that the agreement and the following conditions: operation of any facilities subject to the undertaking submitted by Texaco in said (a) The initial rates for sales author- jurisdiction of the Commission necessary proceeding should be accepted for filing. ized in Dockets Nos. G-7535 and C169- therefor, are required by the public con- (13) It is necessary and appropriate 816 shall be the applicable area base venience and necessity and certificates in carrying out the provisions of the rates prescribed in Opinion No. 468, as therefor should be issued as hereinafter Natural Gas Act that Holly Corp. should modified by Opinion No. 468-A, as ad- ordered and conditioned. be made a co-respondent in the proceed- justed for quality of gas, or the contract (5) It is necessary and appropriate in ing pending in Docket No. R169-206 and rates, whichever are lower; and the ini- carrying out the provisions of the Nat- that the proceeding should be redesig- "tial rate for the sale authorized in ural Gas Act and the public convenience nated accordingly. Docket No. C169-837 shall be 15.91 cents and necessity require that the orders is- (14) It is -necessary and appropriate per Mcf at 14.65 p.s.i.a., the applicable suing certificates in Dockets Nos. G-3117, in carrying out the provisions of the Nat- area base rate prescribed in Opinion No. G-3118, G-3119, G-4091, G-4547, G- ural Gas Act that the FPC gas rate sched- 468, as modified by Opinion No. 468-A, as 7535, G-8785, G-9575, G-15079, G-15987, ules and supplements related to the au- adjusted for quality. G-17024, C160-122, C160-651, C162-272, thorizations hereinafter granted should " (b) If the quality of the gas delivered, C162-655, C164-271, CI64-672, C164-1135, be accepted for filing. by Applicants in Dockets Nos. G-7535, C165-317, CI67-171, C167-851, C167-1224, The Commission orders: CI69-816, and C169-837 deviates at any and C169-197 should be amended as (A) Certificates of public convenience time from the quality standards set forth hereinafter ordered and conditioned. and necessity are issued upon the terms in Opinion No. 468, as modified by (6) The sales of natural gas proposed and conditions of this order authorizing Opinion No. 468-A, so as to require a to be abandoned as hereinbefore de- sales by Applicants of :natural gas in downward adjustment of the existing scribed and- as more -fully described in interstate commeice for resale, together rate, a notice of change in rate shall be the applications and in the tabulation with the construction and operation of filed pursuant to section 4 of the Natural herein are subject to the requirements any facilities subject to the jurisdiction .gasAct: Provided,howevdr, That adjust- of subsection (b) of section 7 of the Nat- of the Commission necessary therefor, all ments reflecting changes in B.t.u. con- ural Gas Act. as hereinbefore described and -as more tent of the gas shall be computed by the (7) The abandonments proposed by fully described in the applications and applicable formula and charged without Applicants herein are permitted by the in the tabulation herein. the filing of notices of changes in rates. public convenience and necessity -and (B) The certificates granted in para- (c) Within 90 days from the date of should be approved as hereinafter graph (A) above are not transferable initial delivery Applicants in Dockets ordered. and shall be effective only so long as (8) It is necessary and appropriate in Applicants continue the acts or opera---Nos. G-7535 and CI69-816 shall file rate carrying out the provisions of the Nat- tions hereby authorized ii accordance schedule quality statements in the form ural Gas Act that Dockets Nos. C169-856 with the provisions of the Natural Gas prescribed in Opinion No. 468-A.

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969_ NOTICES 8939

(d) The initial rate for the sale au- Amend to New and section 154.102 of the regulations thorized in Docket-No. CI69-656 shall be delete acreage certificate thereunder, and the agreements and un- 13.4426 cents per Mof at 14.65 p.s.i.a. in- G-4547 ------C------I69-876 dertakings filed by Midhurst in Dockets cluding tax reimbursement. Further, the CI60-651 ------C169-871 Nos. G-17364 and R164-444 shall remain certificate is conditioned by limiting the C162-272 ------C169-799 CI62-655 ------C169-799 in full force and effect until discharged buyer's daily take-or-pay obligation to a CI64-672 ------C169-717 by the Commission. 1 to 7,300 ratio of takes to reserves. CI67-851 ------CI69-837 (P) Texaco Inc. (Operator), et al., is (e) The initial rate for the sale au- made a co-respondent in the proceeding thorized in Docket No. C169-762 shall (H) The orders issuing certificates in pending in Docket No. RI69-175; said be 16 cents per Mcf at 15.025 p.s.ia. Dockets Nos. G-8785, G-9575, C164-1135, proceeding is redesignated accordingly; including tax reimbursement. Further, and C167-1224 are amended by substi- and the agreement and undertaking sub- tuting the successors in interest the certificate is conditioned by limiting as certif- mitted by Texaco in said proceeding is the buyer's daily take-or-pay obligation icate holders. accepted for filing. The rates, (I) Permission for and approval charges, to a 1 to 7,30.0 ratio of takes to reserves. of and classifications set forth in Supple- the abandonment of (f) Sales authorized in Docket No. service by Appli- ment No. 2 to Texaco Inc. (Operator), C169-864 (Oklahoma "Other" area only) cants, as hereinbefore described, all as et al., FPC Gas more fully described in the applications Rate Schedule No. 432, shall be made at the initial rate of 15 as so redesignated herein, shall be effec- cents per Mof at 14.65 p.s.i.a., including and in the tabulation herein are granted. (J) Dockets Nos. C169-856 and C169- tive subject to refund as of April 3, 1969. tax reimbursement and subject to B.t.u. Said effective rate shall be charged and adjustment. In the event that the Com- 857 are canceled. - mission amends its statement (K) The certificate heretofore issued collected as of the effective date subject of general to any future orders of the Commission policy No. 61-1, by adjusting the bound- in Docket No. G-12012 is terminated only with respect to Union Oil Company of in Docket No. R169-175. ary between the Oklahoma Panhandle (Q) Texaco Inc. (Operator), et al., area and the Oklahoma -"Other" area so California FPC Gas Rate Schedule No. 115. shall comply with the refunding and re- as to increase the initial wellhead price porting procedure required by the Nat- (L) The certificate for new gas, Applicant thereupon may heretofore issued ural Gas Act and § 154.102 of the regu- substitute the new rate reflecting the in Dockets Nos. G-12544, C164-983, and lations thereunder, and the agreement amount of such increase and thereafter C164-1072 are terminated. and undertaking med by Texaco Inc. collect the new rate prospectively in lieu (M) The-rate suspension proceeding (Operator), et al., in said docket shall of the initial rate herein authorized in pending in Docket No. R166-316 is termi- remain in full force and effect until dis- said docket. Sales authorized in (Okla- nated only with respect to Union Oil charged by the Commission. homa Panhandle area only) shall be Company of California FPC Gas Rate (R) Holly Corp. is made a co-respond- made at the initial rate of 17 cents Schedule No. 115, ent in the proceeding pending in Docket per Mcf at 14.65 p.s.i.a., including tax (N) Midhurst Oil Corp. is substituted No. R169-206 and the proceeding is re- reimbursement and subject to B.t.u. in lieu of Rycade Oil Corp. as respondent designated accordingly. adjustment. in the proceedings pending in Dockets (S) The rate schedules and rate (g) Further, the certificate in Docket Nos. G-17364 and R164-444; the proceed- No. C169-864 is conditioned by limiting schedule supplements related to the au- ings are redesignated accordingly; and thorizations granted herein are accepted the buyer's daily take-or-pay obligation the agreements and undertakings sib- to a 1 to 3,650 ratio of takes to reserves for filing or are redesignated, all as de- mitted by Midhurst in said proceedings scribed-in the tabulation herein. during the first 2 contract years. are accepted for filing. (h) The initial rate for the sale au- (0) Midhurst Oil Corp. shall comply By the Commission. thorized in Docket No. C169-871 shall be with the refunding and reporting proce- [SEAL] GORDON M. GRANT, 22.0077 cents per Mcf at 15.325 p.s.i.a. dure required by the Natural Gas Act (i) Applicant in Docket No. G-4091 Secretary. of change in rate as shall file a notice FP0 rate schedufle to be accepted provided by section 4 of the Natural Gas Docket No. and Applicant Purchaser, field, and Act if the price reverts' from 27 to 25 date filed location Description and date No. Supp. cents per Mof under the terms of Sup- of-document plement No. 5 to its FPC Gas Rate Schedule No. 1. G-3117 ------Humble Oil & Refining Tennessee Gas Pipeline Amendment 9-23-68 - 36 14 (j) The certificate issued herein in D 10-11-68 Co. Co., a division of Ten- Letter agreement 36 1-14 neco Inc., South Crow- 11-11-68.23 Docket No. C169-887 involving the sales - ley Field, Acadia of gas by Texas Gas Exploration Corp., Parish, La. to its affiliate, Texas Gas Transmission G-3118 .---...... do------...- El Paso Natural Gas Co., Assignment 7-30-63 s___ 28 16 (CS6 -62) Cooper-Jal Field, Lea Effective ddte:7-30-68 ...... - ...... Corp., determines the rate which legally D 4 County, N. Mex. may be paid by the buyer to the seller, G-3119------do ------do ------Conveyance 12-23-68 33 13 but is without prejudice to any action- D(CS66-15) 4 Effective date: 1-1-69 ------which the Commission may take in G-4G91. ....-- H. R. Tackson, et al., Consolidated Gas Supply Letter agreement 1 5 any rate proceedings involving either C 2-24-69 7 d.b.a. Penova In- Corp., Grant District 2--4-69. company. terests. Ritchie County, W. Va. (F) The orders issuing certificates in G-7=3..-- _-_. Pan American Petro- El Paso Natural Gas Co., Supplemental agreement 115 -19 Dockets Nos. G-3117, G-3118, G-3119, C 2-3-69 leum Corp., Langlie-Mattix Field, 12-5-68.8 G-4091, G-7535, G-15079, G-15987, -G- I OeaCounty, N. Mex. G-8785 --.--- ames E. Kemp, et a1. Ar]kansas Louisiana Gas Four States Drilling Co; 1 - . 17024, C160-122, C164-271, C165-317, E 3-12-69 as (successor to Four Cjo., North Scottsville et al., FPC GRs No. L C167-171, and C169-197 are amended by amended States Drilling-Co., Ffield, Elarrison County, Supplement Nos. 1-6.__ 1 1-6 4-216910 -Inc., et al.). 97ex. Notice of succession adding thereto or deleting therefrom au- - 3-10-69. thorization to sell natural gas as de- Assignment 3-19-68 1------1 7 Effective date: 4-1-68 ...... scribed in the tabulation herein. Filing cede: A-Initial service. (G) The orders issuing certificates in B-Abandonment. the following dockets are amended to re- C-Amendment to add acrea ge. D-Amendment to delete acreag& flect the deletion of acreage where new E-Succession. certificates are issued herein to author- F-Partial succession. ized service from the subject acreage: See footnotes at end of table.

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 No. 106-Pt. 1- 7 8940 NOTICES

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0 U D - NOTICES 8941

Docket No. Docktand No ApplcantApplicant Purchaser, field,FPC and rate schedule to be accepted NATIONAL COMMISSION ON date filed location Description and-date No. Supp. - of document PRODUCT SAFETY CI069-89 ...... Monsanto Co ------Arkansas Louisiana Gas Contract2-18-69 9------96 ...... A 3-19-69 7 FloaCo., KintaCounty, Field, Okia. L HOUSEHOLD PRODUCTS -PRESENTING C169-890 ------Grey Eagle Construc- United Fuel Gas Co., Contract 11-22-68 8...... 2 -.... HEALTH AND SAFETY RISK A 3-20-69 7 tion Co. Tug River District, Mingo County, W. Va. CI69-892 ...... Kendall-Davls Drilling Texas Gas Transmission Contract 3-3-69 8------2 ------Supplemental Notice of Hearing A 3-21-69 Coil Inc. (Operator)- Corp., Elk Creek Field, at l. Hopkins County, Ky. Reference is made to the notice of C169-897 ...... Union Oil Co. of Call- Diamond Shamrock Contract 2-17-69...------199 ...... hearing published in the FEDERAL REGIS- A 3-24-69 7 fornia (Operator) et al. Corp., Farnsworth Field, Ochiltree Coun- TER on May 17, 1969 (31F.R. 7883) (Pub- ty, Tex. lic Law 90-146; 81 Stat. 466), concerning C169-S99 .------Union Oil Co. of Cali- Northern Natural Gas Notice of cancellation 43115 9 (G-12012) 7 fornia. hearings on the Function and Effective- B 3-24-69 Co., Harper Ranch 3-19-69.3 '5 Field,Comanche Clark and ness of State and Local Law in Insuring Counties, the Safety of Household Products. The Kans. locations of said hearings are as follows: I Deletes formations between 9,000' and 11,900' in a portion of See. 10, TIOS, RIE including an estimated 100,000 June 17, 1969, City Council Chamber, City Mef of reserves now included in Department of Conservation Formed GasUnits. Cost to connectthe gas to Tennes- Hall, Portland, Oreg. see's line is estimated at $18,000 (18 cents per Mcf). June 19 and 20, 1969, Board of Public Works Corrects amendment dated Sept. 23, 1968, to reflect deletion of formations in the SEii instead of the NE 4 of See. 10, inadvertently deleted by such axpendment. Hearing Room, Room 350, City Hall, Los Effective date: Date of this order. Angeles, Calif. I No certificate filing made or necessary, however, the certificates in Docket Nos. G-3118 and G-3119 will be amended to reflect the transfer of the subject interests. Dated: May 28, 1969. Assigns acreage to Wolfson Oil Corp. which has a small producer certificate in Docket No. C866-62. 6Assigns acreage to Dalport Oil Corp. which has a small producer certificate in Docket No. CS66-15. ARNOLD B. ELKIND, I Jan. 1, 1970, moratorium pursuant to the Commission's statement of general policy No. 61-1, as amended. ' Effective date: Date of initial delivery (Applicant shall advise the Commission as to such date). Chairman. By letter filed Mar. 10, 1969, Applicant agreed to accept permanent authorization for the additional acreage con- [P.R. Doc. 69-6501; ditioned as Opinion No. 468, as modified by Opinion No. 468-A. Piled, June 3, 1969; 10Amendment to the application to reflect a rate of 11.7438 cents per ia in lieu of 12.6324 cents per Mf. 8:45 a.m.] n1Includes certificate of dissolution of Four States Drilling Co., Inc., and articles of dissolution of Four States Drilling Co., Inc. 12Midhurst acquired all the stock of Rycade Oil Corp. and then liquidated Ryade Oil Corp. 13Amendment to the application and revised contract summary filed to reflect a rate of 10 cents per Maf in lien of 13 cents per Mef. It Predecessor, John H. Trigg, d.b.a. John H1.Trigg Co. never submitted filings to cover the subject acreage. FEDERAL TRADE COMMISSION 13Between Southern Union and Pan American's predecessor (Trigg). Pan American acquired this interest by- assignment dated Feb. 20, 1967. CERTAIN COMMODITIES 10Supplements Nos. 2 and 3 have been withdrawn and replaced by Supplement No. 4. 17Covers transferred acreage. Is New dedication. Denial of Requests for Reconsidera- i Partially supersedes Shell Oil Co. FFc GRS No. 184. tion Under Fair Packaging and Application to amend the certificate to resell gas purchased from Bridwell Oil Co. Bridweli received authorization to sell the gas to Texas San Juan Oil Corp. in Docket No. CI60-224. Labeling Act 21Provides for a 5-year make-up period for gas sold from new acreage. "Deletes acreage assigned to Shirley D. Knudson at aL, d.b.a. A. & C. Oil& Gas Co., A-Ltd., in Docket To. The iFederal Trade Commission pub- C169-799. lished in the FEDERAL REGISTER on iFiling of Dec. 30, 1965, made by predecessor, Compass Exploration, Inc. By letter filed far. 21,1969, McCulloch agreed to accept an initial rate of 13 cents in lieu of originally proposed 14-cent rate. June 15, 1968 (33 P.R. 8773) Part 503- " The abandonment applications erroneously assigned Dockets Nos. CI69-856 and C169-857 will be treated as Statements of General Policy Dr In- petitions to terminate the certificates heretofore issued in Dockets Nos. 0164-983 and CI64-1072, respectively, and Dockets Nos. CI69-856 and CI69-857 will be canceled. terpretation of Title 16-Commercial 2Acreage involved hasbeen assignedto RPL Oil Co. which has asmall producer certificate in Docket No. CS69-41. "Transfers Sun's Practices; Chapter I-Federal Trade 7 interest to Texaco, Inc. 2 fSource of gas depleted. Commission; Subchapter E-RuIes, Reg- Formation pressures have declined to levels too low to enable gas to enter buyer's high pressure line. Conveys interest of H. H. Champlin, Douglas L. Champlin and Joanna C. Thomas to Fain-Porter Drilling ulationS, Statement of General Policy or Corp. 3oComplies with temporary certificate Issued Mar 21 1969; Applicant states willingness to accept a permanent Interpretation and Exemptions Under certificate conditioned by limiting buyer's take-or-pay oilgation to a 1 to 7,300 ratio of reserves. the Fair Packaging and Labeling Act on SI The Jan. 27, 1969, filing pertains to acreage acquired via assignment dated Sept. 3, 1968, and the Fob. 17, 1969, Ing pertains to acreage acquired via assignment dated Aug. 30, 1967. the status of specific items with regard to 2 Also on file as Cities Service Oil Co. (Operator) et al., FPC GRS No. 202. 3Transfers certain acreage from Cities Service to Southwest Oil Industries, Inc. Also acknowledges that the coverage under the Fair Packaging and subject acreage is dedicated to the Oct. 15, 1963 contract. Labeling Act. The commodities include: a'2 No certificate filing made or necessary; only the related rate filing is begf accepted for filing by this order. 5Conveys certain interests from Cities Service Oil Co. to-Southwest Ol Industries, Inc., in Docket No. C169-717. Brooms and mops. '5 Complies with temporary certificate Issued Mar. 14,1969; Applicant by letter dated Apr. 11, 1969, indicated willing. Fertilizers of the speciality type. ness to accept a permanent certificate limiting the buyer's take-or-pay obligation to a l to 7,300 ratio of reserves. Shoelaces. 57 Between Applicant, seller and Equitable Gas Co., buyer. Covers the Linger and Droppleman Leases which were previously dedicated to Contract No. 5765 on file as Paul H. Ash et al., d.b.a. A. & C. Oil and Gas Co. FPC Automotive replacement parts. GRS No. 8 (Docket No. CI62-655) and Contract No. 5658 on file as Elton A. Bayer, d.b.a. Bayer Gas Co., FPO Ink containers. GRS No.-1 (Docket No. CI62-272). .3 Applicant has agreed to accept a permanent certificate conditioned as Opinion No. 468, as modified by Opinion Liquifled petroleum gas. No. 468-A. Textile fiber products. 32 Amends the contract to provide a pricing provision consistent with section 154.93 (b-1) of the regulations. House fixtures. '0 Presently on file as Pan American Petroleum Corp. FPC GRS No. 494. Motor oil. '1 From Pan American Petroleum Corp. to Holly Corp. Antifreeze. "2By letter filed Mar. 21, 1969, Applicant advised willingness to accept a permanent certificate conditioned to an initial rate of 15 cents per Mc subject to B.t.u. adjustment for gas sold from Woods County, Okla., and,17 cents par Metal beds. -. Mc subject to B.t.u. adjustment for gas sold from Woodward County Okla ; and by letter of Apr. 8, 1969, advised Metal cots. willingness to accept a permanent certificate conditioned by limiting buyer's take-or-pay obligation to a I to 3,650 Metal springs and dual purpose sleeping ratio of reserves during the frst 2 contract years. - "Supersedes in part contracts dated Jan. 7, 1952 (No. 5131) and Jan.-28, 1952 (No. 5132) comprising M. A. Hall equipment. FPCR.0 Nos. 7 and 8, respectively. Filing includes assignments dated Aug. 13, 1968 from M. A. Hall transferring Elastic fabric (braided, knitted, woven). the Ferrell and Fleming Leases to Applicant. Stationery and other paper products includ- " Between Sinclair Oil Corp. and El Paso Natural Gas Co.; on file as Sinclair Oil Corp., FPC GRS No. 272. ing greeting cards and gift wrapping. "5Sinclair Oil Corp. assigns interest in lease to R. C. Wynn. 0 Applies only to a depth of 200 feet below the Bera Sandstone. Paint, varnishes, and lacquers. '7 Other sales covered under the certificate in Docket No. G-12012; therefore, th certificate in said docket will Ammunition. be terminated only insofar as it pertains to FPC GRS No. 115. Automotive chemical products. is Rate of 15 cents in effect subject to refund in Docket No. RI66-316 (no monies collected at 15 cents); therefore, Lubric nts for home the rate suspension proceeding pending in Docket No. R166-316 will be terminated only with respect to Unions use. FPC GnS No. 115. Plastic shelf paper, plastic table cloths. Safety flares (for auto and pleasure boating [I.R. Doc. 69-6449; Filed, June 3, 1969; 8:45 a.m.] use).

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNSDAY, JUNE 4, 1969 NOTICES

Solvents and cleaning fluids for home use. with the Director, Office of the Federal Toys. Register. Waxes for home use. INTERSTATE COMMERCE Issued at Washington, D.C., May 28, In the opinion of the Commission, all COMMISSION 1969. were "Con- of the aforementioned items [S.. 1002; Car Distribution Direction No. 43; INTERSTATE COMMERCE sumer Commodities" within the meaning Amdt. 2] COMMISSION, of the Fair Packaging and Labeling Act. [SEAL] Rh. D. PFAHLER, In response to the June 15, 1968, publica- FLORIDA EAST COAST RAILWAY CO. Agent. tion several comments and requests for ET AL. [F.R. Doc. 69-6563; Filed, June 3,' 1969; reconsideration were received and re- an.] viewed by the Commission; however, the Car Distribution 8:48 Commission is of the opinion that modi- To: Florida East Coast Railway Co., fication or revision of the statement as Seaboard Coast Line Railroad Co., Louis- [Notice 553] published is not warranted. ville and Nashville Railroad Co., Mis- Accordingly, Subchapter E, § 503.2 MOTOR CARRIER ALTERNATE ROUTE souri Pacific Railroad Co. DEVIATION NOTICES Status of specific items Under the Fair Upon further consideration of Car Dis- Packaging and Labeling Act is confirmed tribution Direction No. 43, and good cause MAY 29, 1969. as published in 33 FR. 8773, June 15, appearing therefor: The following letter-notices of pro- 1968. It is ordered, That: posals to operate over deviation routes Issued: May 29, 1969. Car Distribution Direction No. 43 be, for operating convenience oniy have been and it is hereby amended by substituting filed with the Interstate Commerce Com- By direction of the Commission. the following paragraph (4) for para- mission, under the Commission's Devia- [SEAL] JOSEPH W. SHEA, graph (4) thereof: tion Rules Revised, 1957 -(49 CFR 211.1 Secretary. (4) Expiration date: This Direction (c) (8)) and notice thereof to all in- [F.R. Doc. 69-6576; Filed, June 3, 1969; shall expire at 11:59 p.m:, June 22, 1969, terested persons is hereby given as pro- 8:48 a.m.] unless otherwise modified, changed, or vided in such rules (49 CFR 211.1(d) (4)). suspended. Protests against the ,use of any pro- It is further ordered, That this amend- posed deviation route herein described ment shall become effective at 11:59 p.m., may be filed with the Interstate Com- June 1, 1969, and that it shall be served merce Commission in the manner and SMALL BUSINESS upon the Association of American Rail- form provided in such rules (49 CFR ADMINISTRATION roads, Car Service Division, as agent of 211.1(e)) at any time, but will not op- all railroads subscribing to the car serv- of the pro- [Delegation of Authority No. 30-6 (Rev. 5), erate to stay commencement under the fied within 30 Amdt. 2 Southwestern Area, Dallas, Tex.] ice and per diem agreement posed operations unless terms of that agreement; and that it be days from the date of publication. AREA COORDINATORS ET AL, filed with the Director, Office of the Successively fied letter-notices of the Federal Register. same carrier under the Commission's Delegation of Authority to Conduct Deviation Rules Revised, 1957, will be in the South- Issued at Washington, D.C., May 28, Program Activities 1969. numbered consecutively for convenience protests if any western Area INTERSTATE COMMERCE in- identification and COMnISSION, should refer to such letter-notices by Pursuant to the authority delegated to number. the Area Administrator by Delegation of [SEAL] R. D. PFAHLER, Authority No. 30 (Revision 12), 32 FR. Agent. MOTOR CARRIERS OF PROPERTY 179, daited January 7, 1967, as amended [FR. Doc. 69-6562; Filed, June 3, 1969; No. MC 200 (Deviation No. 15), RISS (32 F.R. 8113, 33 F.R. 8793, 33 F.R. 17217, 8:48 a.m.] INTERNATIONAL CORPORATION, 33 FR. 19097, and 34 FR. 5134), Delega- 903 Grand Avenue, Kansas City, Mo. [S.C. 1002; Corrected Car Distribution tion of Authority No. 30-6 (Revision 5), 64106, filed May 22, 1969. Carrier's rep- Southwestern Area, 34 F.R. 5043, dated Direction No. 44; Amdt. 2] , resentative: Ivan E. Moody, same address March 8, 1969, as amended (34 F.R. 5404, as applicant: Carrier proposes to operate 34 F.R. 5883, 34 F.R. 6752) is further SEABOARD COAST LINE RAILROAD as a common carrier, by motor vehicle, amended by: CO., ET AL. of general commodities, with certain ex- 1. Adding paragraph I. H. to read: Car Distribution ceptions, over deviation routes as fol- I. Area Coordinators. lows: (1) From Louisville, Ky., over In- To: Seaboard Coast Line Railroad Co., terstate Highway 65 to Chicago, Ill.; (2) H. Office Services Manager or Office St. Louis-San Francisco Railway Co., The from Louisville, Ky., over Interstate Services Assistant. 1. To (a) purchase Atchison, Topeka and Santa Fe Railway Highway 71 to junction Interstate High- office supplies and equipment, including Co. way 75 near Cincinnati, Ohio, thence office machines, and rent regular office Upon further consideration of Cor- over Interstate Highway 75 to Detroit, equipment and furnishings; (b) contract rected Car Distribution Direction No. 44, Mich.; (3) from Indianapolis, Ind., over for repair and maintenance of equipment and good cause appearing therefor: Interstate Highway 69 to Fort Wayne, and furnishings; (c) contract for serv- It is ordered,That: Ind.; and (4) from Cincinnati, Ohio, over ices required in setting up and dis- Corrected Car Distribution Direction Interstate Highway 74 to Peoria, Ill., and mantling and moving SBA exhibits; and No. 44 be, and it is hereby amended by return over the game routes, for.operat- (d) issue Government bills of lading. substituting the following paragraph (4) ing convenien6e only. The notice indi- 2. To rent motor vehicles from the for paragraph (4) thereof: cates that the carrier is presently author- General Services Administration and to (4) Expiration date: This direction ized to transport the same commodities, rent garage space for the storage of such shall expire at 11:59 p.m., June 22, 1969, over pertinent service routes as follows: vehicles when not furnished by this unless otherwise modified, changed, or (1) From Louisville, Ky., over U.S. High- Administration. suspended. way 31 to junction U.S. Highway 24, It is further ordered, That this amend- thence over U.S. Highway 24 to junction U.S. Highway 30 at Fort Wayne, Ind., date: May 19, 1969. ment shall become effective at 11:59 p.m., Effective June 1, 1969, and that it shall be served thence over U.S. Highway 30 to junction ROBERT E. WEST, upon the Association of American Rail- U.S. Highway 41 near Dyer, Ind., thence Area Administrator, roads, Car Service Division, as agent of over U.S. Highway 41 to Chicago, Ill.; Southwestern Area. all railroads subscribing to the car service (2) from Louisville, Ky., over U.S. High- [FR. Doc. 69-6538; Filed, June 3, .1969; and per diem agreement under the terms way 31 to Indianapolis, Ind., thence over 8:45 a.m.] of that agreement; and that it be filed Indiana Highway 37 to junction U.S.

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY,- JUNE 4, 1969 NOTICES 8943

Highway 24, thence over U.S. Highway 24 ities, over pertinent service routes as filed May 19, 1969. Carrier's representa- to Detroit, Mich.; (3) from Indianapolis, follows: (1) From Asheville, N.C., over tive: Hanry A. Dahn, same address as Ind., over Indiana Highway 37 to junc- U.S. Highway 25 to Tuxedo, N.C.; (2) applicant. Carrier proposes to operate as tion U.S. Highway 24, thence over U.S. from Hendersonville, N.C., over U.S. a common carrier, by motor vehicle, of Highway 24 to Fort Wayne, Ind.; and Highway 64 to Bat Cave, N.C.; (3) from general commodities, with certain excep- (4) from Cincinnati, Ohio, over U.S. Bat Cave, N.C., over U.S. Highway 74 to tions, over a deviation route as follows: Highway 52 to junction U.S. Highway 24, Shelby, N.C.; (4) from Shelby, N.C., over From Spanish Fork, Utah, over U.S. thence over U.S. Highway 24 to Peoria, Alternate U.S. Highway 74 to junction Highway 50-89 to junction U.S. Highway Ill., and return over the same route. U.S. Highway 74, thence over U.S. High- 89, thence over U.S. Highway 89 to Flag- No. MC 10761 (Deviation No. 49), way 74 to Kings Mountain, N.C.; (5) staff, Ariz., thence over Interstate High- TRANSATERICAN FREIGHT LINES, from junction U.S. Highways 1 and 130, way 17 (traversing Arizona Highway 79 INC., 1700 North Waterman Avenue, De- near Milltown, N.J., over U:S. Highway 1 where Interstate highway not com- troit, Mich. 48209, filed May 20, 1969. to Washington, D.C., thence over U.S. pleted) to Phoenix, Ariz., and return over Carrier proposes to operate as a com- Highway 29 to junction U.S. Highway the same route, for operating conven- mon carrier, by motor vehicle, of general 29A (formerly portion U.S. Highway 29) ience only. The notice indicates that the commodities, with certain exceptions, at or near Greensboro, N.C., thence over carrier is presently authorized to trans- over a deviation route as follows: From U.S. Highway 29A to junction U.S. High- port the same commodities, over perti- Baltimore, Md., over Maryland Highway way 29 at or near High Point, N.C., nent service routes as follows: (1) From 3 to junction U.S. Highway 50, thence thence over U.S. Highway 29 to Green- Salt Lake City, Utah, over U.S. Highway over U.S. Highway 50 to Washington, ville, S.C., thence over U.S. Highway 123 91 to St. George, Utah; (2) from Las D.C., and return over the same route, for to Easley, S.C.; Vegas, Nev., over U.S. Highway 91 to operating convenience only. The notice (6) From Greensboro, N.C., over In- Harrisburg Junction, Utah, thence over indicates that the carrier is presently terstate Highway 40 to Winston-Salem, Utah Highway 17 to Hurricane, Utah; (3) authorized to transport the same com- N.C., thence over U.S. Highway 52 to from Wickenburg, Ariz., over U.S. High- modities, over a pertinent service route Hillsville, Va., thence over U.S. Highway way. 89 to Congress Junction, Ariz., as follows: Between Baltimore, Md., and 221 to junction Virginia Highway 100, thence over Arizona Highway 71 to junc- Washington, D.C,, over U.S. Highway 1. located about 1 mile northeast of Hills- tion U.S. Highway 93, thence over U.S. No. MC 35628 (Deviation No. 28), IN- ville, thence over Virginia Highway 100 Highway 93 via Wikieup, Ariz., to junc- TERSTATE MOTOR FREIGHT SYS- ta Pearisburg, Va., thence over U.S. High- tion U.S. Highway 66 (approximately 1 TEM, 134 Grandville Avenue SW., Grand way 460 to junction Interstate Highway mile east of Kingman, Ariz.), thence Rapids, Mich. 49502, filed May 20, 1969. 77, located about 3 miles east of Prince- over-U.S. Highway 66 to Kingman, Ariz., Carrier proposes to operate as a common ton, W. Va., thence over Interstate High- thence over U.S. Highway 93 to Alunite, carrier,by motor vehicle, of general com- way 77 to junction U.S. Highway 119 lo- Nev.; and (4) from Las Vegas, Nev., over modities, with certain exceptions, over a cated at or near Kanawha City, W. Va., U.S. Highway 95 to Vidal Junction, Calif., -deviation route as follows: From Roches- thence over U.S. Highway 119 to Charles- thence over unnumbered highway to ter, N.Y., over New York Highway 96 to ton, W. Ya., thence over U.S. Highway 21 Earp, Calif., thence across the Colorado junction Interstate Highway 90, -thence to junction Interstate Highway 77, lo- River to Parker, Ariz., thence over Ari- over Interstate Highway 90 to junction cated about 2 miles south of Sissonville, zona Highway 72 to Hope, Ariz., thence Interstate Highway 81, thence over In- W. Va., thence over Interstate Highway over U.S. Highway 60 to Phoenix, Ariz., terstate Highway 81 to Harrisburg, Pa., 77 to junction U.S. Highway 21, located and return over the same routes. and return over the same route, for op- about 1 n1ile north of Fairplain, W. Va., No. MC 70083 (Deviation No. 2), erating" convenience only. The notice thence over U.S. Highway 21 to Parkers- DRAKE MOTOR LINES, INC., 20 Olney indicates that the carrier is presently au- burg; W. Va., thence over U.S. Highway Avenue, Cherry Hill Industrial Park, thorized to transport the same commod- 50 to Belpre, Ohio, thence over Ohio Cherry Hill, N.J. 08034, filed May 20, ities, over a pertinent service route as Highway 7 to Marietta, Ohio, thence over 1969. Carrier proposes to opefate as a follows: From Rochester, N.Y., over U.S. U.S. Highway 21 to junction Interstate common carrier, by motor vehicle, of Highway 15 to junction U.S. Highway Highway 77, located about 4 miles south- such commodities, as are dealt in by 220 (portion formerly Pennsylvania east of Cambridge, Ohio, thence over retail department stores, over deviation Highway 14), near Williamsport, Pa., Interstate Highway 77 to junction U.S. routes as follows: (1) From Philadelphia, thence over U.S. Highway 220 to junction Highway 21, located about 7 miles north- Pa., over the Benjamin Franklin" Bridge Pennsylvania Highway 147 (formerly east of Cambridge, Ohio, thence over and U.S. Highway 30 (Admiral Wilson portion Pennsylvania Highway 14), at U.S. Highway 21 to Cleveland, Ohio; and Boulevard) to junction New Jersey High- Halls, Pa., thence over Pennsylvania (7) f r om Unionville (Washington ways 38 and 70, thence over New Jersey Highway 147 to junction U.S. Highways County), Ohio, over Ohio Highway 60 Highways 38-70 to junction New Jersey 22-322 (formerly portion Pennsylvania to Zanesville, Ohio, thence over U.S. Highway 70, thence over New Jersey Highway 14), at Dauphin, Pa., thence Highway 40 to junction Ohio Highway Highway 70 to junction Interstate High- over U.S. Highways 22-322 to Harrisburg, 37, located about 1 mile south of Luray way 295, thence north over Interstate Pa., and return over the same route. (Licking County), Ohio, thence over Highway 295 to junction New Jersey No. MC 39406 (Deviation No. 8), CEN- Ohio Highway 37 to junction Ohio High- Highway 73, thence east over New Jersey TRAL MOTOR LINES, INC., Box 1067, way 161, located about 1 mile south of Highway 73 to junction New Jersey Charlotte, N.C. 28201, filed May 23, 1969. Granville, Ohio, thence over Ohio High-" Turnpike, Interchange No. 4, thence over Carrier's representative: Stewart E. way 161 to Worthington, Ohio, thence New Jersey Turnpike to Exit No. 16, the Fulk, same address as applicant: Carrier over U.S. Highway 23 to junction Ohio approach roads to the Lincoln Tunnel, proposes to operate as a common carrier, Highway 199 located about 1 mile north- thence through the Lincoln Tunnel to by motor vehicle, of general commodities, west of Fostoria, Ohio, thence over Ohio New York, N.Y. (also from exit No. 14 with certain exceptions, over a deviation Highway 199 to junction U.S. Highway of the New Jersey Turnpike through the route as follows: From Asheville, N.C., 20, located about 3 miles southeast of Holland Tunnel to New York, N.Y.; over Interstate Highway 40 to junction Lemoyne, Ohio, thence over U.S. High- also from exit No. 16 of the. New Jersey Interstate Highway 81, thence over In- way 20 to junction Ohio Highway 120, Turnpike over the New Jersey Turnpike terstate Highway 81 to junction U.S. at or near Lemoyne, Ohio, thence over td exit No. 18, thence over U.S. Highway Highway 25E, thence over U.S. Highway Ohio Highway 120 to junction Intetstate 46 and the George Washington Bridge to 25E to Corbin, Ky., thence over U.S. Highway 280, located about 2 miles north New York, N.Y.); (2) from Philadelphia, Highway 25 to Mount Vernon, Ky., thence of Lemoyne, Ohio, thence over Interstate Pa., over the Tacony Palmyra Bridge to over Interstate Highway 75 to Toledo, Highway 280 to Toledo, Ohio, and return New Jersey Highway 73, thence over New Ohio, and return over the same route, for over the same routes. Jersey Highway 73 to junction New Jer- operating convenience only. The notice No. MC 44605 (Deviation No. 6), sey Turnpike, Interchange No. 4, thence indicates that the carrier is presently au- MILJNE TRUCK LINES, INC., 2200 South over the New Jersey Turnpike as de- thorized to transport the same commod- Third West, Salt Lake City, Utah 84115, scribed in (1) above to New York, N.Y.;

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8944 NOTICES

(3) from Philadelphia, Pa., over the Highway 25 to junction Interstate High- .177 to junction Rhode Island Highway Tacony Palmyra Bridge to junction New way 26, thence over Interstate Highway 81, and return over the same routes. 40 Jersey Highway 73, thence over New Jer- 26 to junction Interstate Highway By the Commission. sey Highway 73 to junction U.S. Highway near Asheville, N.C., thence-over Inter- 130, thence over US. Highway 130 to state Highway 40 to Nashville, Tenn., [SEAL] H. NEIL GARSON, junction U.S. Highway 1, thence over and return over the, same route, for op- Secretary. U.S. Highway 1 to junction New Jersey erating convenience only. The notice in- [F.R. Doc. 69-6564; Filed, June 3, 1969; Highway 18, thence over New Jersey dicates that, the carrier is presently au- 8:48 a.m.] Highway 18 to Interchange No. 9 of the thorized to transport the same commodi- New Jersey Turnpike, thence over the ties, over pertinent service routes as fol- New Jersey Turnpike as described in (1) lows: (1) From Nashville, Tenn., over [Notice 1299] 41 via Chattanooga, Tenn., above to New York, N.Y.; (4) from U.S. Highway MOTOR CARRIER APPLICATIONS AND Philadelphia, Pa., over the Benjamin to Atlanta, Ga.; (2) from Atlanta, Ga., Franklin Bridge and U.S. Highway 30 to over U.S. Highway 29 to Decatur, Ga.; CERTAIN OTHER PROCEEDINGS junction New Jersey Highways 38-70, (3) from Decatur, Ga., over U.S. High- MAY 29, 1969. thence over New Jersey Highways 38-70 way 29 to Lawrenceville, Ga.; and (4) The following publications are gov- to junction New Jersey Highway 70, from Lawrenceville, Ga., over U.S. High- erned 'by the new Special Rule 1.247 of thence over New Jersey Highway 70 to way 29 to Greenville, S.C., and return the Commission's rules of practice, pub- junction Interstate Highway 295, thence over the same routes. lished in the FEDERAL REGISTER, issue of over Interstate Highway 295 across the MOTOR CARRIERS OF PASSENGERS December 3, 1963, which became effective Delaware Memorial Bridge to junction No. MC 124935 (Deviation No. 1), January 1, 1964. U.S. Highway 13, thence over U.S. High- The publications hereinafter set forth ALMEIDA BUS LINES, INC., Box A-954, way 13 (also Alternate U.S. Highway 13) reflect the scope of the' applications as New Bedford, Mass. 02740, filed May 19, to Wilmington, Del.; (5) from Philadel- filed by applicant, and may include de- 1969. Carrier's representative: Mary E. phia, Pa., over the Walt Whitman or limitations Kelley, 10 Tremont Street, 'Boston, Mass. scriptions, restrictions, Bridge to junction New Jersey Highway which are not in a form acceptable to the 42, thence over New Jersey Highway 42 to 02108. Carrier proposes to operate as a Commission. Authority which ulti- common carrier, by motor vehicle, of junction Inte'rstate Highway 295, thence the and their baggage, and ex- mately may be granted as a result of to Wilmington, Del., as described in (4) passengers applications here noticed will not neces- in the same ve- above; and (6) from Philadelphia, Pa., press and newspapers sarily reflect the phraseology set forth Palmyra Bridge to junction passengers, over deviation over Tacony hicle with in the application as filed, but also will New Jersey Highway 73, thence over New routes as follows: (1) From New Bed- eliminate any restrictions which are not Jersey Highway 73 to junction New Jer- ford, Mass., over Interstate Highway 195 acceptable to the Commission. sey Turnpike, Interchange No. 4, thence to junction Massachusetts Highway 24, over the New Jersey Turnpike to junction thence over Massachusetts Highway 24 APPLICATIONS ASSIGNED FOR ORAL HEARING Interstate Highway 295, thence over the to the Massachusetts-Rhode Island MOTOR CARRIERS OF PROPERTY route described in (4) above to Wilming- State line, thence over Rhode Island ton, Del., and return over the same Highway 24 to junction Rhode Island No. MC 127523 (Sub-No. 3) (Republi- routes, for operating convenience only. Highway 138; (2) from Westport, Mass., cation), filed February 11, 1968, pub- The notice indicates that the carrier is over U.S. Highway 6 to junction Mas- lished FEDERAL REGISTER issue of Feb- presently authorized to -transport the sachusetts Highway 88, thence over ruary 29, 1968, and republished this issue. same commodities, over pertinent service Massachusetts Highway 88 to junction Applicant: INTERNATIONAL WALNUT routes as follows: (1) From Philadelphia, Interstate Highway 195, thence over In- CORPORATION, CANADA, LTD., 109 Pa., over U.S. Highway 1 to New York, terstate Highway 195 to junction Mas- Judson Street, Toronto 18, Ontario, Can- N.Y.; (2) from Philadelphia, Pa., over sachusetts Highway 24, thence over ada. Applicant's representative: John P. U.S. Highway 130 to junction U.S. High- Massachusetts Highway 24 to the Mas- McMahon, 100 East Broad Street, Co- way'l; (3) from Trenton, N.J., over U.S. sachusetts-Rhode Island' State line, lumbus, Ohio 43215. By application filed Highway 206 to junction U.S. Highway thence over Rhode Island Highway 24 to February 11, 1968, as amended, applicant 130; (4) from Burlington, N.J., over junction Rhode Island Highway 138; and seeks a permit authorizing, operations, in New Jersey Highway 413 across the (3) from junction Massachusetts High- interstate or foreign commerce, as a con- Burlington-Bristol Bridge to junction ways 140 and 24 at or near Taunton, tract carrier by motor vehicle, over ir- Pennsylvania Highway 413, thence over Mass., over Massachusetts Highway. 24 regular routes, of luxiiber and lumber Pennsylvania Highway 413 to junction to junction Massachusetts Highway 81, products; (1) between the ports of entry U.S. Highway 13 at or near Bristol, Pa., thence over Massachusetts Highway 81 on the international boundary line be- thence over U.S. Highway 13 to Phila- to the Massachusetts-Rhode Island State tween the United States and Canada lo- delphia, Pa.; and (5) from Philadelphia, line, thence over Rhode Island Highway cated in Michigan, New York, Vermont, Pa., over U.S. Highway 1 to junction U.S. 81 to junction Rhode Island Highway New Hampshire, and Maine (except Highway 202, thence over U.S. Highway 177, and return over the same routes, for points in Aroostook Cofinty, Maine), on 202 to Wilmington, Del., also from operating convenience only. The notice the one hand, and, on the other, points Philadelphia over city streets across the indicates that the carrier is presently in Alabama, Arkansas, Connecticut, Del- Delaware River to Camden, N.J., thence authorized to transport passengers anld aware, Florida, Georgia, Illinois, Indiana, over New Jersey Highway 42 to junction the same property, over pertinent service Iowa, Kentucky, Louisiana, Maine, Mary- U.S. Highway 130, thence over U.S. High- routes as follows: (1) From New Bed- land, Massachusetts, Michigan, Minne- way 130 to junction U.S. Highway 40, ford, Mass., over U.S. Highway 6 to junc- sota, Mississippi, Missouri, New Hamp- thence over U.S. Highway 40 across the tion Massachusetts Highway 177, thence shire, New Jersey, New York, North Delaware Memorial Bridge to junction over Massachusetts Highway 177 to the Carolina, Ohio, Pennsylvania, Rhode Is- U.S. Highway 13, thence over U.S. High- Massachusetts-Rhode Island State line, land, South Carolina, Tennessee, Ver- way 13 to Wilmington, Del., and return thence over Rhode Island Highway 177 mont, Virginia, West Virginia, and over the same routes. to'junction Rhode Island Highway 77, Wisconsin. Restriction: The operations No. MC 112713 (Deviation No. 14), thence over Rhode Island Highway 77 to sought herein are subject to the condi- YELLOW FREIGHT SYSTEM, INC., junction Rhode Island Highways 138 and tion that (a) all traffic transported shall Post, Office Box 8462, 92d at State line, 24; (2) from Taunton, Mass., over Mas- either originate at or be destined to Kansas City, Mo. 64114, filed May 21, sachusetts Highway 140 to New Bedford, points in Canada, and (b) that traffic transported through the port of entry 1969. Carrier proposes to operate as a Mass.; and (3) from New Bedford, Mass., common carrier, by motor vehicle, of on the international boundary line be- general commodities, with certain ex- over the route described in (1) above to tween the United States and Canada lo- ceptions, over a deviation route as fol- the Massachusetts-Rhode Island State cated at Sault Ste. Marie, Mich., shall' lows: From Greenville, S.C., over U.S. line, thence over Rhode Islanil Highway not originate at points in Canada; and

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 NOTICES 8945

(2) between points in Alabama, Arkan- No. MC 129989 (Sub-No. 1) (Repub- served May 19, 1969, embracing the two sas, Connecticut, Delaware, Florida, lication) filed November 12, 1968, pub- below-listed applications, finds that the Georgia, Illinois, Indiana, Iowa, Ken- lished in FEDERAL REGISTER issue of present and future public convenience tucky, Louisiana, Maine (except points December 5, 1968, and republished this and necessity require operation by each in Aroostook County, Maine), Maryland, issue. Applicant: JOSEPH GAPPA, Rapp applicant repectively, in interstate or Massachusetts, Michigan, Minnesota, Dam Road, Post Office Box 428, Phoe- foreign commerce, as a common carrier Mississippi, Missouri, New Hampshire, nixville, Pa. 19460- Applicant's repre- by motor vehicle, over irregular routes, of New Jersey, New York, North Carolina, sentative: Charles L. Frank, Thompson used household goods from and to the Ohio, Pennsylvania, Rhode Island, South Building, Pottsville, Pa. 17901. By appli- respective points listed below: In No. Carolina, Tennessee, Vermont, Virginia, cation filed November 12, 1968, applicant MC-133172: (1) between points in Cooke, West Virginia, and Wisconsin. Restricted seeks a certificate of public convenience Grayson, Fannin, Denton, Collin, Hunt, (a) against the transportation of pal- and necessity authorizing operation, in Tarrant, Dallas, Kauffman, Johnson, lets from Millville, Pa., to points in New interstate or foreign commerce, as a Ellis, and Rockwall Counties, Tex.; and York; and (b) against the transportation common carrier by motor vehicle, over (2) Between points in Harris and Gal- of lumber from Catawissa, Millville, and irregular routes, transporting: Animal veston Counties, Tex. In No. MC-133174: Williamsport, Pa., to points in New York fleshings, lime splits and pieces, and between-points in Tarrant, Dallas, Rock- and Ohio. heads of animal hides, from Reading, wall, Johnson, Ellis, and Kauffman All service is limited to a transporta- Pa., to Gowanda, N.Y., and Woburn, Counties, Tex.; each applicant restricted tion service to be performed under a con- Mass. An order of the Cominission, Oper- to the transportation of traffic having a tinuing contract, or contracts with ating Rights Board, dated May 16, 1969, prior or subsequent movement, in con- Forest-All Sales & Products, Ltd., an and served May 27, 1969, finds that the tainers, beyond the points authorized and Ontario corporation, and Forest-All present and future public convenience further restricted to the performance of Lumber, Inc., a New York corporation. and necessity require operation by ap- pickup and delivery servicein connection A decision and order of the commission, plicant, in interstate or foreign com- with packing, crating, and containeriza- Review Board No. 1, dated May 16, 1969, merce, as a common carrier by motor tion, or unpacking, uncrating, and de- and served May 22, 1969, finds that oper- vehicle, over irregular routes, transport- containerization of such traffic; and that ation by applicant, in interstate or for- ing of tannery byproducts from Reading, each applicant is fit; willing, and able eign commerce, as a contract carrier by Pa., to Gowanda, I.Y., and Woburn, properly to perform the operations de- motor vehicle, over irregular routes, Mass.; that applicant is fit, willing, and scribed in this report and to conform to under a continuing contract or contracts able properly to perform such service and the requirements of the Interstate Com- with Forest-All Sales & Products, Ltd., of to conform. to the requirements of the merce. Act and the Commission's rules Weston, Ontario, Canada, and Forest-All Interstate Commerce Act and the Com- and regulations thereunder. Because it is Lumber, Inc., of Buffalo, N.Y., of lumber mission's rules and regulations there- possible that other persons, who have re- and lumber products, between points in under. Because it is possible that other lied upon the notice of the applications Alabama, Arkansas, Connecticut, Dela- parties who have relied upon the notice as published, may have an -interest in ware, Florida, Georgia, Illinois, Indiana, of the application as published, may have and would be prejudiced by the lack of Iowa, Kentucky, Louisiana, Maine (ex- an interest in and would be prejudiced proper notice of the authority described cept points in Aroostook County, Maine), by the lack- of proper notice of the au- in the findings of this report, a notice of Maryland, Massachusetts, Michigan, thority described in the findings in this the authority actually granted will be Minnesota, Mississippi, Missouri, New order, a notice of the authority actually published in the FEDERAL REGISTER and Hampshire, New Jersey, New York, North granted will-be published, in the FEDERAL issuance of certificates in this proceed- Carolina, Ohio, Pennsylvania, Rhode REGISTER and issuance of a certificate in ings will be withheld for a period of 30 Island, South Carolina, Tennessee, Ver- this proceeding will be withheld- for a days from the date of such publication, mont, Virginia, West Virginia, Wiscon- period of 30 days from. the date of such during which period any proper party sin, and the District of Columbia, sub- publication, during which period any in interest may file a petition to reopen ject to the restriction (1) that traffic proper party in interest may file a peti- or for other appropriate relief setting transported through the port of entry tion to reopen or for other appropriate forth in detail the precise manner in on the United States-Canada boundary relief setting forth in detail the pre- which it has been so prejudiced. line at Sault Ste. Marie, Mich-, shall not cise manner in which it has been so NOTICE oyFILTxG ok PETToNs originate at points in Canada, and fur- prejudiced. ther restricted (2) against the trans- Nos. MC 133172 and MC 133174 (Re- No. MC 109746 (Sub-No. 4) (Notice of portation of pallets from Millville, Pa., publications), filed September 16, 1968, Filing of Petition for Modification of to points in New York and (3) against concurrently and published in the FED- Permit), filed May 15, 1969. Petitioner: the transportation of lumber from Cata- ERA. REGISTER issues of November 14, BLUJE STREAK TRUCKING CO., a cor- wissa, Millville, and Williamsport, Pa., 1968, and October 10,-1968, respectively, poration, Elizabeth; N.J. Petitioner's rep- to points in New York 'and Ohio. The and republished this issue. (1) No. MC resentative: CharIesJ. Williams, 47 IAn- issuance of a permit authorizing the 133172-Applicant: GREAT SOUTH- coin Park, Newark, N.J. 07102. Petitioner above-described service is conditioned WEST WAREHOUSES, INC., 5929 East is authorized in MC 109746 Sub 4 to con- upon the receipt of a written request by Northwest Highway, Dallas, Tex. 75231. duct motor contract carrier operations as the applicant for concurrent cancella- (2) No. MC 133174--Applicant: LEWIS follows, over irregular route: (1) Fresh tion of its presently held permits Nos. TRANSFER AND STORAGE CO., INC., meats, in vehicles equipped with mechan- MC-127523 and MC-127523 (Sub-No. 2). 218 Southwest Second Street,, Grand ical refrigeration, from New York, N.Y., Because it is possible that other pbrsons, Prairie, Tex. Applicants' representative and .Elizabeth, N.J., to Monticello, N.Y., who have relied upon the notice of the respectively: W. Scott Clark, Fort and Philadelphia, Pa., with no transpor- publication as published, may have an Worth Club Building, Fort Worth, Tex. tation for compensation on return except interest in and would be prejudiced by 76102. Upon consideration of applica- as otherwise authorized, from Elizabeth, the lack of proper notice of the authority tions filed September 16, 196a respec- N.J., and. New York,. N.Y., to points in described in the findings in this order, tively, applicants seek certificated au- Connecticut, Rhode sland, Massachu- a notice of the authority actually granted thority of public convenience and neces- setts, Vermont, New Hampshire, and will be published in the FEDERAL REGISTER sity- to operate in interstate or foreign Maine (except those in Aroostook Coun- and issuance of a permit in this proceed- commerce, as common carriers by motor ty), with no transportation-for compen- ing will be withheld for a period of 30 vehicle over irregular routes, of used sation on return except as otherwise days from the date of such publication, household goods, between points in de- authorized. (2) Meats, meat products, during which period any proper party scribed territory pursuant to the in- and meat byproducts, as described in sec- in interest may file a petition to reopen terpretations reached in Kingpak, Inc., tion A of appendix I to the report in De- or for other appropriate relief setting' scriptions it Motor CarrierCertiftcates, Investigation of Operations, 103 M.C.C. 61 M.C.C. 209, except in bulk, in tank forth in detail the precise manner in 318- A report of the Comission, Review vehicles, (a) from Linden, N.T., and New which has been so prejudiced. Board No. 1, decided May 13, 1969, and York, N.Y., to points in Rockland County,

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8946 NOTICES

N.Y., and points in Fairfield, Hartford, tinent, to transport passengers and their ized. From Mount Savage, Md., to points and New Haven Counties, Conn., with baggage, in interstate or foreign com- in New Jersey, New York, Connecticut, no transportation for compensation on merce, as a motor common carrier, over' Pennsylvania, with no transportation for return except as otherwise authorized; irregular routes, in special operations in compensation on return except as other- (b) from Linden, N.J., to Peekskill and seasonal operations, annually, from wise authorized. Waterproofing cement Poughkeepsie, N.Y., with no transporta- May 15 to September 15, inclusive, -be-! mixes, Codings, and cement paints, other tion for compensation on return except as tween points on its authorized regular than in bulk, in tank vehicles, From New otherwise authorized; routes, between Springfield, Mass., and Eagle, Pa., to points in New Jersey, New (3) Meats, meat products, and meat Hartford, Conn., on the one hand, and, York, and Connecticut, with no transpor- byproducts, as described in section A of on the other, Misquimacut Beach, R.I. By tation for compensation on return except appendix I to the report in Descriptions the instaint petition, petitioner seeks an as otherwise authorized. Wheelbarrows, in Motor Carrier Certificates, 61 M.C.C. interpretation of the above-portion of its mortar pans, and mortar boxes, From 209, from Elizabeth, N.J., to Philadelphia, certificate, or, in the alternative, to ac- Harrisburg, Pa., to points in New Jersey, Pa., with no transportation for compen- cept for fling and processing the OP- New'York, and Connecticut, with no sation on return except as otherwise au- OR-9 application seeking authority to transportation for compensation on re- thorized; (4) such commodities, as are engage in such operations, filed simul- turn except as otherwise authorized. classified as meats, meat products and taneously with this petition, and pub- Welded steel wall ties and reinforcement meat byproducts in appendix A to the lished in tomorrow's issue of the FEDERAL bars, From Baltimore, Md., .to points in report in Modification of Permits-Pack- REGISTER, under No. MC 115025 (Sub-No. New York, New Jersey, Connecticut, and inghouse Products, 46 M.C.C. 23, from 14). Pennsylvania, with no transportation for Elizabeth, N.J., to Baltimore, Catons- No. MC 126885, MC 126885 '(SubNo. compensation on return except as other- ville, and Lemoine, Md., and Harrisburg, 1), and MC 126885 (Sub-No. 2), (Notice wise authorized. Restriction: The opera- Reading, York, Columbia, Allentown, of Filing of Petition for Authority To Add tions authorized herein are limited to a Bethlehem, Lebanon, and Lancaster, Pa., Additional Contracting Shipper), filed transportation service to be performed, with no transportation for compensation May 13, 1969. Petitioner: WALNUT under a continuing contract, or con- on return except as otherwise authorized; TRUCKING CO., INC., Rural Delivery tracts, with Tompkins Bros. Co., Inc., of (5) The commodities classified as meats, No. 1, New Oxford, Pa. 17350. Petitioner's Newark, N.J. By the instant petition, pe- meat products, and meat byproducts in representative: George A. Olsen, 69 Ton- titioner seeks to add the following ship- section A of the appendix to the report nele Avenue,.Jersey City, N.J. 07306. The per to the authority now held by it: in Modification of Permits-Packing- operating authority now held by peti- Haines Brick, Inc., 300 Cedar Boulevard, house products, 46. M.C.C. 23; from New tioner involved herein reads as follows: Pittsburgh, Pa. Any interested person York, N.Y., to points in Morris and Mid- Irregular routes: Brick (other than fire- desiring to participate may file an orig- dlesex Counties, N.J., with no transpor- brick) and calcium carbonate, From inal and six copies of his written repre- tati'on for compensation on return except Baltimore, Md., and Vineland and Cliff- sentations, views or argument in support as otherwise authorized; (6) Meats, meat wood, N.J., to points in Connecticut, New of, or against the petition within 30 days products, and poultry, (a) between New Jersey, New York, and Pennsylvania, from the date of publicatldn 'inthe FED- York, N.Y., on the one hand, and, on the with no transportation for compensa-. ERAL REGISTER. other, points in Hudson, Essex, Union, tion on return except as otherwise au- UNDER SECTIONS AND Passaic, and Bergen Counties, N.J., (b) thorized. Calcium Chloride, in bags, APPLICATIONS 5 between New York, N.Y., on the one From Barberton, Ohio, -to Newark, N.J., 210 (a) (b) hand, and, on the other, Trenton, N.J., Mount Vernon, N.Y., Philadelphia, Pa., The following applications are gov- and Philadelphia, Pa.; (7) Fresh meats, and Bridgeport, Conn., with no trans- erned by the Interstate Commerce Com- from New York, N.Y., to Albany, N.Y., portation for compensation on return ex- mission's special rules governing notice with no transportation for compensation cept as otherwise authorized. Restric- of filing of applications by motor car- on return except as otherwise authorized. tion: The operations authorized herein riers of property or passengers under Restriction: The operations authorized are limited to - transporbatioi service sections 5(a) and 210a(b) of the Inter- herein are limited to a transportation to be performed, under a continuing con- state Commerce Act and certain other service to be performed, under a continu- tract, or contracts, with Tompkins Bros. proceedings with respect thereto. (49 ing contract, or contracts, with the fol- Co., Inc., of Newark, N.J. Brick (other CFR 1.240). lowing shippers: Forest Packing Co., of than firebrick) and calcium carbonate, MOTOR Elizabeth, N.J., Ben Zeger Associates, From Rock Bridge, Md., to points in New CARRIERS Or PROPERTY Inc., of New York, N.Y., Fudim Bros., Jersey, New York, Pennsylvania, and No. MC-P-10490. Authority sought for Inc., of Jersey City, N.J. By the instant Connecticut, under a continuing contract purchase by HARRY L. YOUNG AND petition, petitioner seeks to amend its with Tompkins Bros. Co., Inc., of Newark, SONS, INC., 542 West Sixth South, Salt permit by deleting therefrom the names N.J.. Lake City, Utah, of the operating rights of Forest Packing Co., of Elizabeth, N.J., - Face brick, From-New Brighton, Kit- of ROBERT A. PALMER, doing business and Judim Bros., Inc., of Jersey City, tanning, New Castle, and Clearfield, Pa., as WARNER TRUCK LINE, 1434 South N.J., as contracting shippers, and in lieu Waynesburg, Cleveland, Sugar Creek, Third West, Salt Lake City, Utah, and thereof to add as a contracting shipper Morral, Caledonia, and Canton, Ohio, for acquisition by HARRY L. YOUNG the name of The Tupman Thurlow Co., Somerset andManassas, Va., and Brazil, and MARVIN R. YOUNG, both also of Inc., ofNew York, N.Y. Any interested Ind., to points in New Jersey, New York, 542 West Sixth South, Salt Lake City, person desiring to participate may file and Connecticut, with no transportation Utah, of control of such rights through an original and six copies of his written for compensation on return except as the purchase. Applicants' attorney: representations, views or argument in otherwise authorized. From Waynesburg, Keith E. Taylor, 520 Kearns Building, support of, or against the petition within Cleveland, Sugar Creek, Morral, Cale- Salt Lake City, Utah 84101. Operating 30 days from the date of publication in donia, and Canton, Ohio, Somerset and rights sought to be transferred: Gen- the FEDERAL REGISTER. Manassas, Va., and Brazil, Ind., to points eral commodities, excepting, among No. MC 116025 (Sub-No. 13) (Notice in Pennsylvania, with no transportation others, household goods and commodi- of Filing of Petition for Interpretation of for compensation on return except as ties, in bulk, as a common carrier,over a Certificate)_, filed February 10, 1969. Pe- otherwise authorized. From Belle Mead, regular route, between Fillmore, Utah, titioner: THE SHORT LINE OF CON- N.J., to points in Pennsylvania, New and Salt Lake City, Utah, serving certain NECTICUT, INCORPORATED, doing York, and Connecticut, with no- trans- intermediate points. Vendee is authorized business as THE SHORT LINE, 667 portation for compensation on return to operate Cromwell Avenue, Rocky Hll, Conn. Pe- except as otherwise authorized. -Fire as a common carrierIn Utah, titioner's representative: Reubin Kamin- bricks, From Altoona, Pa., to points in Nevada, Idaho, Montana, Arizona, and sky, 410 Asylum Street, Hartford, Conn. New Jersey, New York, and Connecticut, California. Application has not been filed 06103. Petitioner States it Is authorized with no transportation for compensation for temporary authority under section in MC 115025.Sub 13, the part here per- on return except as otherwise author- 210a(b).

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 NOTICES 8947

No. MC-F-10491. Authority sought for tween points in that part of Ohio on and Zavalla, San Antonio, Tex. 78204, of con- purchase by J & M TRANSPORTATION east of U.S. Highway 21, between points troI of such rights through the purchase. CO., INC., Post Office Box 488, Mlledge-, in West Virginia, between points in the Applicants' attorneys: David A. Suther- ville, Ga. 31061, of the operating rights: above Pennsylvania territory, on the one lund and Theodore Polydoroff, both of of BARNEY BURKE TRANSFER COM- hand, and, on the other, points in West 1140 Connecticut Avenue, NW., Washing- PANY, INC., 111 East Liberty Street, Virginia and that part of Ohio on and ton, D.C. 20036. Operating rights sought Savannah, Ga. 31401, and for acquisition east of U.S..Highway 21. E. W. BOBREN to be transferred: Under a certificate of by JIIMIE McCLINTON, Post Office TRANSPORT, INC:, is authorized to op- registration, in Docket No. MC-120281, Box 589, Americus, Ga., of control of erate as a contract carrier in Illinois, covering the transportation of property, such rights through the purchase. Appli- Indiana, Ohio, Pennsylvania, Kentucky, as a common carrier, in intrastate com- cants' Paul 1. Daniell, 1600 First Fed- Michigan, New York, West Virginia, merce, within the State of Texas. Vendee eral Building, Atlanta, Ga. 30303. Op- Maryland, Massachusetts, Minnesota, is authorized to operate under a certifi- erating rights sought to be transferred: New Jersey, Wisconsin, and Iowa. Appli- cate of registration, as a common carrier, Lumber, as a common carrier, over ir- cation has been filed for temporary au- in the State of Texas. Application has regular routes, between points in that thority under section 210a(b). not been filed for temporary authority part of Georgia on, north, and east of a No. MC-F-10493. Authority sought for under section 210a(b). line beginning at Savannah, Ga., and control by H. G. PRINCE & COMPANY, MOo oR CARRIER OF PASSENGERS extending along U.S. Highwaly 80 to 215 Fremont Street, San Francisco, Calif. Macon, Ga., thence along U.S. Highway 94119, of WILLIS SHAW FROZEN EX- No. MC-F-10489. Authority sought for 129 to Blairsville, Ga., and thence along PRESS, INC., Post Office Box 188, Elms control by PHILADELPHEA SUBURBAN Georgia Highway 11 to the Georgia- Springs, Ark. 72728, and for acquisition TRANSPORTATION COMPANY, 234 North Carolina State line, on the one by DEL MONTE CORPORATION, also Bryn Mawr Avenue, Bryn Mawr, Pa. hand, and, on the other, points in Florida of San Francisco, Calif., of control of 19010, of (1) BRIDGETON TRANSIT, and South Carolina. Vendee is author- WILLIS SHAW FROZEN EXPRESS, 690 North Pearl Street, Bridgeton, N.J. ized to operate as a common carrierin INC., through the acquisition by H. G. 08302, and (2) C. & S. TRANSIT, INC., North Carolina, Alabama, Florida, Geor- PRZINCE & COMPANY. Applicants' at- 690 North Pearl Street, Bridgeton, N.J. gia, Mssissippi, South Carolina, Tennes- tbrneys and representative: Edward D. 08302. Applicants' attorney and repre- see, Missouri, Kan~as, Arkansas,-Illinois, Ransom, 311 California Street, San Fran- sentative: Santo J. Salvo, 1 Elizabeth Kentucky, Louisiana, Texas, Virginia, cisco, Calif. 94104. Bobby Shaw and Avenue, Millville, N.J. 08332, and Alex- West Virginia, Oklahoma, Nebraska, R. Frederic Fisher, both of Elm Springs, ander Markowitz, 1619 Woodcrest Drive, Iowa, Minnesota, Indiana, Michigan, Ark.-Operating rights sought to be con- Vineland, N.J. 08360. Operating rights Ohio, Pennsylvania, New York, Mary- trolled: Frozen foods, with certain speci- sought to be controlled: (1) Passengers land, Delaware, New Jersey-, Connecticut,- fied exceptions, and numerous other and their baggage, and express and Vermont, New Hampshire, Maine, Rhode specified commodities, as a common car- newspapers in the same vehicle with pas- Island, Massachusetts, ahd the District' rier, over irregular routes, from, to, and sengers, as a common carrier, over reg- of Columbia. Application has not been between specified points in all States in ular routes, between Bridgeton, N.J., and filed for temporary authority under the United States (except Alaska and Ha- New York N.Y., serving certain inter- section210a(b). wail) and the District of Columbia, with mediate points; over two alternate routes No. MC-F-10492. Authority sought for certain restrictions, as more specifically for operating convenience only; Migrant control and merger by E. W. BOHREN described in Docket No. MC-117119 and workers as defined in section 203(a) (23) TRANSPORT, INC., Box 95, Woodburn, subnumbers thereunder. This notice does of the Interstate Commerce Act, and Ind. 46797, of the operating rights and not purport to be a complete description their baggage in the same vehicle, as a property of MISSISSIPPI-EAST, INC., of all of the operating rights of the car- contract carrier, over irregular routes, 69 West Woodland Avenue, Washington, rier involved. The foregoing summary is between certain specified points in New Pa. 15301, and for acquisition by E. W. believed to be sufficient for the purposes Jersey, on the one hand, and, on the BOHREN, R.R. No. 2, Woodburn, Ind. of public notice regarding the nature and other, points in Alabama, Connecticut, 46797, of control of such rights and prop- extent of this carrier's operating rights, Delaware, Florida, Georgia, Illinois erty through the transaction. Applicants' without stating, in full, the entirety, Indiana, Kentucky, Maine, Maryland, attorney and representative: Henry M. thereof. H. G. PRINCE & COMPANY, Massachusetts, Michigan, Mississippi, Wick, Jr., 2310 Grant Building, Pitts- holds no authority from this Commis- New Hampshire, New York, North burgh, Pa. 15219 and Robert L. Ceisler, 80 sion. However, its controlling stockholder Carolina, Ohio, Pennsylvania, Rhode Is- East Chestnut, Washington, Pa. 15301. Is affiliated with ENCINAL TERMINALS, land, South Carolina, Tennessee, Ver- Operating rights sought to be controlled 1521 Buena Vista Avenue, Alameda, mont, Virginia, West Virginia, Wiscon- and merged; Machinery, equipment, ma- Calif., which is authorized to operate as sin, and the District of Columbia; and terials, and supplies used in, or in con- a common carrierin California; NEED- (2) Passengers and their baggage, nection with, the discovery, development, HAM'S MOTOR SERVICE, INC., Post restricted to traffic originating and production, refining, manufacture, proc- Office Box 138, Hightstown, N.J., which terminating at the same points within essing, storage, transmission, and dis- is authorized to operate as a common the territory indicated, in charter opera- tribution of natural gas and petroleum carrierin New Jersey, Pennsylvania, and tions, as a common carrier,over irregular and their products and byproducts, coal- New York; and SHIPPERS EXPRESS routes, from Bridgeton, N.J., and points stripping machinery, and construction COMPANY, Post Office Box 5790, San in Cumberland County, N.J., within 15 machinery, as a common carrierover ir- Jose, Calif., which is authorized to op- miles of Bridgeton, and points in Salem regular routes, between certain specified erate as a common carrierunder a cer- County, N.J., east of New Jersey High- points in Pennsylvania, on the one hand, tificate of registration, within the State way 77 (formerly New Jersey Highway and, on the other, points in West Vir- of California. Application has not been 46), to Alexandria, Va., the District of ginia on and north of U.S. Highway 60, filed for temporary authority under sec- Columbia, points in Delaware, those in and those in Ohio on and east of U.S. tion 210a(b). Fairfax and Arlington Counties, Va., Highway 23; glass-making machinery, No. MC--F-10494. Authority sought for those in Pennsylvania south and east of between Washington, Pa., and points purchase by TEXAS FILM SERVICE, a line beginning at Easton, Pa., and ex- within 2 miles thereof, on the one hand, INC., 150 East Zavalla Street, San An- tending along U.S. Highway 22 to Harris- burg, and, on the other, points in the above- tonio, Tex. 78204, of the operating rights Pa., thence along U.S. Highway 15 described territory in West Virginia and and property of WILLIAM THOMAS to the Pennsylvania-Maryland State line, Ohio; such commodities as contractors' HAWKINS, doing business as HAW- including points on the indicated por- equipment, heavy and bulky articles, ma- KINS FILM SERVICE, 427 West Holly- tions of the highways specified, and those in chinery and machine parts, and articles wood Street, San Antonio, Tex. 78212, Maryland (except those in Allegany and Washington Counties), and return. requiring specialized handling or rigging and for acquisition by ALFRED W. NEG- PHILADELPHIA SUBURBAN TRANS- because of size or weight, between cer- LEY, 110 East Crockett, San. Antonio, PORTATION COMPANY holds no au- tain specified points in Pennsylvania be- Tex. 78205, and JOHNM. REED, 150 East thority from this Commission. However,

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 No. 106-Pt. I-8 8948 NOTICES it controls RED ARROW LINES, INC., ing, Pa. 19601, Reading Foreign Traders, Oreg., to Longview, Wash. Ronald G. 69th Street Terminal Building, Upper 607 Washington Street, Post Office Box Young, 425 West Second Avenue, Albany, Darby, Pa., which is authorized to oper- 142, Reading, Pa. 19603, Mercator Corp., Oreg. 97321, attorney for transferor. ate as a common carrierin New Jersey 607 Washington Street, Post Office Box No. MC-FC-71277. By order of May 16, and Pennsylvania. Application has not 142, Reading, Pa. 19603, and Columbia- 1969, the Motor Cariier Board approved been filed for temporary authority under Minerva Corp., Post Office Box 500, 'the transfer to Carolina East Furniture section 210a(b). Robesonia, Pa. 19551. Send protests to: Transport, Inc., Sumter, S.C., of the op- By the Commission Robert W. Ritenour, District Supervisor, erating rights in certificate No. MC- Bureau of Operations, 508 Federal Build- 115257 (Sub-No. 30) issued March 2, [SEAL] H. NEIL GARSON, ing, Post Office Box 869, Harrisburg, Pa. 1967, to Shamrock Van Lines, Inc., Post Secretary. 17108. Office Box 5447, Dallas, Tex. 75222, au- [F.R. Doc. 69-6565; Filed, June 3, 1969; No. MC 129557 (Sub-No. 2 TA) thorizing the transportation of new fur- 8:48 a.m.] (Amendment), filed April 7, 1969, pub- niture, damaged or rejected shipments lished FEDERAL REGISTER, issue of April 15, of new furniture, and used furniture, [Notice No. 842] 1969, and republished as amended this from or to points in South Carolina, Ar- MOTOR CARRIER TEMPORARY issue. Applicant: PAONE TRUCKING, kansas, Louisiana, Mississippi, Okla- AUTHORITY APPLICATIONS INC., 88 Briggs Street, Cranston, R.I. homa, Tennessee, Texas, Alabama, 02920. Applicant's representative: Rus- Georgia, Florida, Maryland, North Caro- MAY 29, 1969. sell B. Curnett, 36 Circuit Drive, Edge- lina, Virginia, Pennsylvania, New Jersey, The following are notices of filing of wood Station, Providence, R.I. 02905. Au- New York, Connecticut, Massachusetts, applications for temporary authority thority sought to operate as a common Delaware, Rhode Island, and the District under section 210a(a) of the Interstate carrier, by motor vehicle, over irregular of Columbia. Joseph G. Dail, Jr., 1111 E Commerce Act provided for under the routes, transporting: Pumice, crushed, Street NW., Washington, D.C. 20004, at- new rules of Ex Parte No. MC-67 (49 in bulk, in dump vehicles, from Ports- torney for transferee. CFR Part 340) published in the FEDERAL mouth, N.H., to Cranston, R.I., for 150 No. MC-FC-71286. By order of May 14, REGISTER, issue of April 27, 1965, effective days. NOTE: The purpose of this repub- 1969, the Motor Carrier Board approved July 1, 1965. These rules provide that lication is to show that application has the transfer to Gilbert Drennan, Staten protests to the granting of an applica- been amended to seek authority from Island, N.Y., of certificate in No. MC- tion must be filed with the field official Portsmouth, N.H., in lieu of Manchester, 15398, issued October 18, 1968, to New named in the FEDERAL REGISTER publica- N.H. Supporting shipper: Park Avenue Dorp Transfer & Storage Corp., Staten tion, within 15 calendar days after the Cement Block Co., Inc., 30 Budiong Road Island, N.Y.; authorizing the transporta- date of notice of the filing of the ap- (off 1350 Park Avenue), Post Office Box tion of: Household goods, between points plication is published in the FEDERAL 3530 Cranston, R.I. 02910. Send protests in Staten Island, N.Y., on the one hand, REGISTER. One copy of such protest must to: Gerald H. Curry, District Supervisor, and, on the other, points in Connecticut, be served on the applicant, or its au- Interstate Commerce Commission, Bu- Delaware, Maryland, New Jersey, New thorized representative, if any, and the reau of Operations, 187 Westminster York, Pennsylvania, Rhode Island, and protests must certify that such service Street, Providence, R.I. 02903. Virginia. Alvin Altman, 1776 Broadway, has been made. The protests must be New York, N.Y. 10019, attorney for By the Commission. specific as to the service which such pro- applicants. testant can and will offer, and must.con- [SEAL] H. NEIL GARSON, No. MC-FC-7 1287. By order of May 14, sist of a signed original and six copies. Secretary. 1969, the Motor Carrier Board approved A copy of the application is on file, and [F.R. Doc. 69-6566; Filed, June 3, 1969; the transfer to Staten Island Moving & can be examined at the-Office of the Sec- 8:48 am.] Storage, Inc.; Staten Island, N.Y., of retary, Interstate Commerce Commission, certificate in No. MC-15398, issued Oc- Washington, D.C., and also in the field [Notice 355] tober 18, 1968, to New Dorp Transfer office to which protests are to be MOTOR CARRIER TRANSFER and Storage Corp., Staten Island, N.Y., transmitted. and acquired by Gilbert Drennan, Staten PROCEEDINGS MOTOR CARRIERS OP PROPERTY Island, N.Y.; authorizing the transporta- MAY 28, 1969. tion of: Household goods, between points No. MC 127219 (Sub-No. 2 TA) (Cor- Synopses of orders entered pursuant to in Staten Island, N.Y., on the one hand, rection), filed April 14, 1969, published section 212(b) of the Interstate Com- and, on the othei, points in Connecticut, FEDERAL REGISTER, issue of April 24, 1969, m-erce Act, and rules and regulations Delaware, Maryland, New Jersey, New and republished as corrected this issue. prescribed thereunder (49 CFR Part York, Pennsylvania, Rhode Island, and Applicant: STEPHEN R. KEREK, doing 1132), appear below: Virginia. Alvin Altman, 1776 Broadway, business as KEREK'S AIR FREIGHT As provided in the Commission's spe- New York, N.Y. 10019, attorney for appli- SERVICE, Post Office Box 213, Lancaster, cial rules of practice any interested per- cants. Pa. 17601. Applicant's representative: son may file a petition seeking recon- No. MC-FC-71316. By order of May 20, Chester A. Zyblut, 1522 K Street NW., sideration of the following numbered 1969, the Motor Carrier Board approved Washington, D.C. 20005. Authority proceedings within 20 days from the date the transfer to Sentinel Freight Lines, sought to operate as a common carrier, of publication of this notice. Pursuant to Inc., Hopatcong, N.J., of the permits in by motor vehicle, over irregular routes, section 17(8) of the Interstate Commerce Nos. MC-303 andIC-303 (Sub-No. 9) is- transporting: General commodities (ex- Act, the filing of such a petition will sued October 31, 1956 and May 11, 1964, cept classes A and B explosives, house- postpone the effective date of the order respectively, to Dover Trucking Co., a hold goods as defined by the Commission; in that proceeding pending its disposi- corporation, Rockaway, N.J., authoriz- commodities in bulk, commodities re- tion. The matters relied upon by peti- ing the transportation of specified com- quiring special equipment, and those in- tioners must be specified in their petitions modities betwen Dover, N.J., on the one jurious or contaminating to other lad- with particularity. hand, and, on the other, points in New ing), having a prior or subsequent move- No. MC-FC-70543. By order of May 20, Jersey, Rhode Island, Connecticut, Mas- ment by air, between points in Berks. sachusetts, and the District of Columbia, County, Pa., on the one hand, and, on 1969, the Motor Carrier Board, on reconsideration, approved the transfer to and those in Vermont, New Hampshire, the other, points in Manheim Township, New York, Pennsylvania, Maryland, and Lancaster County, Pa., for 180 days. Charles Oliver, Marjorie Oliver, George Virginia, within 250 miles of Dover, N.J. NOTE: The purpose of this republication Oliver, and Maude Oliver, a-partnership, is to show that applicant states that it doing business as Oliver Fuel Co., 504 James J. Farrell, 206 North Boulevard, intends to tack this authority with No. North Sixth, Corvallis, Oreg. 97330, of.the Delmai, N.J. 07719, representative for MC 127219 (Sub-No. 1). Supporting operating rights in certificate No. MC- applicants. 118939 issued April 18, 1960, to John F. shippers: Pennsylvania Cut Flower & Stehle and Eva M. Stehle, a partnership, [SEAL] H. NEIL GARSoN, Supply Co., 433 West Douglass Street, doing business as Oregon Chips Co., Secretary. Reading, Pa. 19601, The "Elge" Spark Corvallis, Oreg., authorizing the trans- [F.R. Doc. 69-6567; Filed, June 3, 1969; Wheel Co., 120 Madison Avenue, Read- portation of wood chips, from Philomath, 8:48 a.m.] FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 FEDERAL REGISTER 8949

CUMULATIVE LIST OF PARTS AFFECTED-JUNE The following numerical guide is a lis t of parts of each title of the Code of Federal Regulations affected by documents published to date during June Page 3 CFR Page 13 CR-Continued 21 CFR 108 ------8700 3 ------8704 PROCLAMATIONS: in 109 . -- 8700 ------8908 3914...... 8689 ..... 110 ------8700 8909 3915------8691 113 ------8700 89110,8911 EXECUTIVE ORDERS: 120------8700 PROPOSED RULES: (revoked by EO 11472)_ 8695 121 8700 8925 11278 8700 19 ------11359A (revoked by EO 11472) 8695 122----- 7------11402 (revoked by EO 11472)_ 8695 123 ...... 8700 26 CFR 11472------8693 124 ...... 8700 125- 8700 194------8911 126. 8700 CFR 5 CFR 127 ...... 8700 38 213 ------8697 128- 8700 8703 3- 8703 RULES: PROPOSED 199. 8703 7 CFR 107- 8927 909 ------8895 42 CFR 944 ------8895 14 CFR 78,73,------8914 PROPOSED RULES: 39 ------8700 78------8952 71 ------8701, 8702, 8907 Ch. MX------8705 PROPOSED RULES: 8923 301 ------PROPOSED RULES: 78 ------8953 1001------8709 71 ------. . 8710, 8711, 8925 8709 10031002 ------8709 43 CFR 1004 ------8709 15 CFR 1720 ------8915 1015 ------8709 368 ------8802 PUBLIC LAND ORDERS: 1016 ------8709 369 ------8805 4567 (revoked in part by P.L. 1421 ------8897 370 ------8806 4664) ------8915 371------8811 9 CFR 372 ------8818 45 CFR 373 ------8827 97 ------8697 ------8916 374 ------8840 131 8842 1070 ------8919 10 CFR 376------377------8852 PROPOSED RULES: 8857 46 CFR 8712 378 ------50------8861 PROPOSED RULES: 379------8862 401 -- - -n------8923 12 CFR 385------8868 226------8698 386 ------8869 47 CFR 545 ------8903,8904 8879 388387 ------73 ------8919 563 ------8905 388 ------8882 389 ------8886 87 ------8703 390------8887 13 CFR 399------'8889 49 CFR 101 ------8699 1033------8920,8921 8699 103 ------16 CFR PROPOSED RULES: 104------8699 PROPOSED RULES: 371 ------8711 106 ------8700 107 ------8700 501------8925,8926 1002 ------8927

FEDERAL REGISTER VOLUME 34 • NUMBER 10.6

Wednesday, June 4, 1969 • Washington, D.C. PART II

Department of Health, Education, and Welfare Public Health Service

Control of Electronic Product Radiation

Delegations of Authority and Notice of Proposed Rule Making

t N

No. 106-Pt. II-1. 8952 RULES AND REGULATIONS

Sec. the Director, Bureau of Radiological Title 42- PUBLIC HEALTH 78.2 Redelegation of Authority* to Com- Health (with the approval of the Admin- missioner, ECA. istrator, Consumer Protection and En- Chapter ]-Public Health Service, De- 78.3 Redelegation to Director, Bureali of partment of Health, Education, and Radiological Health. vironmental Health Service), all delega- Welfare Auruoarry: The provisions of Subpart A ble authority under the Act which has of this Part 78 issued under sec. 215, 58 Stat. been delegated to the Commissioner by SUBCHAPTER F-QUARANTINE, INSPECTION, 690,42 U.S.C. 216. the Administrator, except the authority LICENSING 78.1 Delegations to Administrator, to: PART 78-REGULATIONS FOR THE CPEHS. (a) Exempt, under section 358(a) (5) ADMINISTRATION AND ENFORCE- 'Pursuant to delegations of authority of, the Act, any electronic product In- MENT OF THE RADIATION CON- from the Secretary and Assistant Secre- tended for use by departments or agen- TROL FOR HEALTH AND SAFETY tary (Health and Scientific Affairs) the cies of the United States from the provi- ACT OF 1968 Administrator, Consumer Protection and sions of section 358 of the Act. Environmental Health Service, has the (b) Establish a Technical Electronic Delegations of Authority authority to issue and approve regula- Product Radiation Safety Standards Notice of proposed rule making, public tions and to perform all other functions rule making procedures and postpone- vested in the Secretary under-the Radia- Committee under section 358(f) of the ment of effective date have been omitted tion Control for Health and Safety Act Act and appoint members thereto. in the establishment of Part 78 and issu- of 1968 (Public Law 90-602; 42 U.S.C. (c) Exempt manufacturers from the ance of Subfi'art A which sets forth, in 263b et seq.). notification provisions of or direct manu- summary form, fhe delegations of au- § 78.2 Redelegation of Authority *to facturers to notify the persons specified thority under the Radiation Control for Commissioner, ECA. in section 359(b) of the Act. Health and Safety Act of 1968 (Public (d) Exempt any electronic product or Law 90-602, 42 U.S.C. 263b et seq.) and The Administrator, Consumer Protec- relates to the internal management-of tion and Environmental Health Service class of electronic product as provided the Department. Accordingly, these has redelegated to. the Commissioner, under section 360B(b) of the Act. regulations shall become effective on the Environmental Control Administration, (e) Remit or mitigate any civil penalty date of their publication in the FEDERAL all of the authority under the Act previously imposed for violation of the Act as pro- REGISTER. delegated to the Administrator and hasspecified thati this authority, ex- vided in section 360C(b) (2) of the Act. A new Part 78 is added to read as cept for the authority to issue and ap- CHRIS A. HAWsmE, follows: prove regulations, may- be redelegated Assistant Surgeon General, Subpart A-Administrative Functions, with the consent of the Administrator. Commissioner,Environmental Practices, and Procedures § 78.3 Redelegation to Director, Bureau Control Administration. DELEGATION or AuTrorr of Radiological Health. MAY 23, 1969. Sec. The Commissioner, Environmental [P.R. Doc. 69-6440; Filed, June 3, 1969; 78.1 Delegations to Administrator, CPEHS. Control Administration, has delegated to 8:45 am.]

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 PROPOSED RULE MAKING 8953

Sec. zation or atomic or electron excitation DEPARTMENT OF HEALTH, EDU- 78.504 Notification by the manufactu-er to by collision. affected persons. (d) "Infrasonic, sonic (or audible) and 78.505 Copies of communications sent t'o ultrasonic waves" refer to energy trans- CATION, AND WELFARE first purchasers, dealers, or di tributors., mitted as an alteration (pressure, par- Public Health Service 78.506 Application for exemption from notJ- ticle displacement, or density) in a prop- fication requirements. erty of an elastic medium (gas, liquid, [ 42 CFR Part 78 ] 78.507 Granting the exemption. or solid) that can be detected by an in- 78.508 Determination by Secretary thst strument or listener. CONTROL OF ELECTRONIC PRODUCT product has defect. (e) "Electronic product" means (1) RADIATION 78.509 Manuafeturer's obligation to repatr, any manufactured or assembled product replace, or refund cost of electron].c which, when in operation, (i) contains Notice of Proposed Rule Making products. 78.510 Plans for the repair of electron!c or acts as part of an electronic circuit Notice is hereby given of a proposal products. and (ii) emits (or in the absence of ef- to amend Part 78 by prescribing regula- 78.511 Plans for the replacement of elec fective shielding or other controls would tions, as set forth below, under the tronic products. emit) electronic product radiation, or Radiation Control for Health and Safety. 78.512 Plan for refunding the cost of elec - (2) any- manufactured or assembled Act of 1968 (Public Law 90-602, 42 U.S.C. tronic products. article which is intended for use as a 263b et seq.). 78.513 Approval of plans. component, part, or accessory of a prod- Subpart B of the proposed regulations 78.514 Effect of regulations on other law, uct described in subparagraph 1 of this would, in addition to defining certain Subpart G-Importation of Electronic Products paragraph and which when in operation terms used in the Act, set forth a list 78.601 Applicability. emits (or in the absence of effective intended to serve as illustrative examples 78.602 Definitions. shielding or dther controls would emit) of electronic products subject to the Act. 78.603 Importation of noncomplying goods such radiation; Subparts C-E are reserved. Subpart G prohibited. would apply to the importation of elec- 78.604 Notice of sampling. tronic products which are subject to any 78.605 Payment for samples. standard prescribed under the Act. 78.606 Hearing. .11-12 78.607 Application for, permission to brin 10 2 gamma Subpart F would prescribe the notifica- product into compliance. and tion procedures required of manufac- 78.608 Granting permission to bring prod x-rays 1020 turers of any electronic product found to uct into compliance. 6 have a defect relating to the safety of 78.609 Bonds. kr 1 its use by reason of the emission of elec- 78.610 Costs of bringing product into corn 10t . tronic product radiation (or which fails pliance. .to comply with an applicable Federal 78.611-78.629 [Reserved] lei .10-1 standard). Moreover, the subpart, in the SERVICE OF PROCESS ultraviolet case of any such product, would prescribe 78.630 Service of process on manufacturer 10 -4 visible the procedure for and manner in which and importers. frequency' infrared free-space manufacturers would repair, replace or AuTHORrry: The provisions of Subparts 3 (hertz) 3dt, wavelength refund the cost of the product. Provisions and G of this Part 78"issued under sec. 21f (ndeter) " relating to performance standards, 58 Stat. 690, sec. 356, 82 Stat. 1174; 42 U.S.C micro- recordkeeping requirements, and other 216, 263d. The provisions of Subpart F o waves implementing regulations will be pub- this Part 78 issued under sec. 359, 82 Stal 101L lished separately. 1180; 42 U.S.C. 263g. -102 Inquiries may be addressed, and data, 106- views, and argument may be submitted Subpart B-Definitions, Interpretatioi in writing to the Director, Bureau of and Statements of General Policy radio Radiological Health, 12720 Twinbrook § 78.100 Definitions and interpretations Parkway, Rockville, Md. 20852. All rele- 104 vant material received within 30 days As used in Part 78 very low after publication of this notice in the (a) "Electronic product radiation' 10, frequency FEDERAL REGISTER will be considered. means- (1) t Notice is also given that it is proposed Any ionizing or nonionizing elec- -I to make the regulations effective after tromagnetic-or particulate radiation, oi republication in the FEDERAL REGISTER. (2) Any sonic, infrasonic, or ultrasoni The delegations of responsibility have wave, which is emitted from an elec- been summarized and appear as Subpart tronic product as the result of the opera- A, which are not published as proposed tion of an electronic circuit in sucl Figure 1. The ilectromagnetic Spectrum rules but rather as actual regulations. product; (f) "Manufacturer" means any per- The amendments to Part 78 would pro- (b) "Electromagnetic radiation" in. son engaged in the business of manufac- vide as follows: cludes the entire electromagnetic spec. turing, assembling, or importing of trum of radiation of any wavelength. Thi electronic products; Subpart- B-Definitions, Interpretations, _ and electromagnetic spectrum illustrated il Statements of General Policy (g) "Commerce" means (1) commerce Sec. Figure 1 includes, but is not limited to between any place in any State and any gamma rays, x-rays, ultraviolet, 78.100 Definitions and interpretations. visible place outside thereof, and (2) commerce 78.101 Examples of electronic products sub- infrared, microwave, radiowave and loy wholly within the District of Columbia; ject to the Radiation Control for frequency radiations. and Health and Safety Act of 1968. (c) "Particulate radiation" is define (h) "State" means a State, the Dis- Subparts C-E-I Reserved 3 as charged particles such as protons trict of Columbia, the Commonwealth of electrons, alpha particles, heavy parti. Puerto Rico, the Virgin Islands, Guam, Subpart F-Notification of Defects in, and Repair cles, etc., which have sufficient kinetii and American Samoa. or Replacement of, Electronic Products energy to produce ionization or atomic o Sec. § 78.101 Examples of electronic prod- 78.500 Applicability. electron excitation by collision, electrica attraction or electrical repulsion or un- ucts subject to the Radiation Control 78.501 Defect in electronic product. for Health and Safety 78.502 Discovery of defect by manufacturer; charged "particles such as neutrons Act of 1968. notice requirements. which can initiate a nuclear transforma- The following listed electronic prod- 78.503 Notification by the manufacturer to tion or liberate charged particles havinE ucts are intended to serve as illustrative the Secretary. sufficient kinetic energy to produce ioni- examples of sources of electronic product

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8954 PROPOSED RULE, AKING radiation to which the-regulations of this Subpart F-Notification of Defects in, product fails to comply -with an ap- part apply, and Repair orRepldcementof-, Elec- plicAble Federal standard, " (a) Examples of electronic- products tronic Products (e) An evaluation of the hazards rea- which may emit x-rays, and other ioniz- sonably related to, the defect or the ing electromagnetic radiation, electrons, § 78.500 Applicability. failure to comply with the standard; neutrons, and other particulate radiation The provisions of this subpart are ap- (f) A statement of tle measures to be include. plicable to electronic products which are taken to repair such defect or to bring 6ut the product into compliance with the Ionizing electromagnetic radiation: manufactured after October 18, 1968, standard; Televsion receivers. - nothing in this paragraph-will preclude Accelerators. the Secretary from giving public notice (g) The date and circumstances under X-ray machin s (lndustril, medical, re- of defects in products manufactured be- which the defect was- discovered; and Particulate radiation and ionizing electro- fore that date upon finding, that the de- (h) The identification of any trade aagnetic radiation: fect involves a substantial hazard to the secret information which the manu- nglectronmicroscopes health of persons in possession of such facturer desires kept confidential. products. Neutron generatrs. electronic § 78.504 Notification by the manufacturer to affected persons. (b) Examples of electronic products § 78.501 Defectin electronic product. consid- (a) The notification. to the persons which may emit ultraviolet, visible, An electronic product shall be specified in § 78.502(b) shall be in writ- infrared, microwave, radio and low ered to have a defect which relates to the other infor- to ing and, in addition to any frequency- electromagnetic radiation safety of use if such product fails mation which the Secretary may require, include: comply with its design specifications to shall include: Ultraviolet: assure safety or if it creates or may create (1) The information prescribed by Biochemical and medical analyzers, a risk of injury, including genetic injury, § 78.503 (a), (d), and instructions with Canning and therapeutic lamps, to any person by reason of the emission respect to the use of the-product-pending Sanitizing and sterilizing devices. of electronic product radiation. Black light sources. the correctionof the defect; Welding equipment. § 78.502 Discovery of defect by-manu- (2) A. clear evaluation-n nontechnical related Visible: facturer; notice requirements. terms of the hazards reasonably White light devices. Any manufacturer who discovers that to any defect or failure to comply; and Infrared: (3) The following statement: Alarm systems. any electronic product produced, assem- Thls-is to advise that (insert name), man- Dryers, ovens, and heaters, bled, or imported by him, which product ufacturer of the electronic product described Therapeutic lamps. has left its place of manufacture, has a herein, is required, in accordance with the Microwave: * defect or fails to, comply- with an-appli- regulations prescribed in Title 42 Code of Alarm systems. cable Federal standard, shall: Federal Regulations, §§ 78.509-78.513, -to do Diathermy units. (a) Immediately notify the Secretary one of the following: (1) Without charge, Dryers, ovens, and heaters. in accordance with § 78.503; and course of action shall be in accordance with Medico-blological heaters. (b) Except as authorized by § 78.506, such standard or remedy such defect and Microwave power generating devices, furnish notification with reasonable provide reimbursement for any expenses for Radar devices. transportation of such product incurred in Remote control devices. promptness to the-following persons: connection with having such product brought Signal generators. (1) The dealers or distributors to into conformity or having such defect whom such product was delivered by the remedied, (2) replace such product with a Radio and low frequency: which complies Cauterizers. manufacturer; and like or equivalent product first purchaser, of such product with each applicable standard prescribed Diathermy units. (2) The no defect Power generation and transmission equip- for purposes other than resale, and to under this- part and which has ment. any subsequent transferee of such prod- relating to the safety of its use, or (3) make Signal generators. uct (where known to the manufacturer a refund of the cost of such product. The or where the manufacturer upon reason- course of atcion shall be in accordance with E.lectromedical equipment. a plan approved by the Secretary of Erealth, (c)Examples of electronic products able inquiry to dealers, distributors or Education, and Welfare and the details of the which may emit coherent electromag- first purchasers can identify- the present plan wil be included in one or more sub- netic radiation produced by stimulated user). sequent communications to you. emission include: (c)If the defect or failure to comply (b) The envelope containing the notice Laser: with an applicable Federal standard in- shall not contain advertising or other Art-form, experimental and educational volves a substantial health hazard -as extraneous material, and such mailings devices, determined by the Secretary and the 'will be made in accordance with this Biomedical analyzers. manufacturer does not know or cannot section. Cauterizing, burning, and welding devices, reasonably obtain the -names of persons envelopes shall be Cutting and drilling devices, in possession of the electronic product, (1) No. 10 white Communications transmitters, give public notice of the defect or failure used, and the name and address of the Maser: to comply including appropriate cau- manufacturer shall appear in the upper left corner of the envelope. Communications transmitters. tionary action thatshould be taken. (2) The following statement is to appear in the far left third of the envelope (d). Examples of electronic products § 78.503 Notification by the manfifac- turer to the Secretary. in the type and size indicated and in which may emit infrasonic, sonic, and reverse printing, centered in a red rec- ultrasonic vibrations resulting from op- The notification to the Secretary re- tangle 33/ inches wide and 2 inches eration of an electronic circuit include: quired by § 78.502(a) shall be confirmed high: Infrasonic: in writing and, in addition to. any other IMPORTANT Vibrators. information which the Secretary may ELECTRONIC- PRODUCT Sonic: require, shall include the following: RADIATION WARNING or Electronic oscillators. (a) Identification of the product The statement shall be in three lines, all Sound amplification equipment, pro ductsinvolved; capltals, and centered. "Important" shall Ultrasonic: (b) The number of such product units Cauterizers. which have left the place of manufacture; be in 36-point Gothic Bold type. "Elec- (C) The intended usage for the tronic Product" and "Radiation Warn- Cell and tissue disintegrators. ing" shall be in 36-point Gothic Con- -n;Cleaners. n. ,=, t~n tn product; densed type. equipment. (d) A description of the defect in the (3) Envelopes with markings similar in this section shall Ranging and detection equipment. product or the manner in which the to those prescribed

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969 PROPOSED RULE MAKiNG 8955

not be used by manufacturers for mail- (1) The electronic product or prod- -which complies with each applicable ings other than those required by this ucts foi which the exemption has been Federal standard and which has no de- subpart. issued; and fect relating to the safety of its use; or (c) The notification shall be sent- (2) Such conditions as the Secretary (3) make a refund of the cost of such (1) By' certified mail to first pur- deems necessary to protect the Public product to the purchaser. chasers of the product for purposes other health and safety with respect to elec- (b) The manufacturer shall take the than resale and to subsequent trans- tronic product radiation from such action required by this section in accord- ferees; and product. ance with a plan approved by the Secre- (2) By certified mail or other more § 78.508 Determination tary pursuant to § 78.513. expeditious by Secretary means to dealers and thiat product has defect. distributors. § 78.510 Plans for the repair of clec- (a) If the Secretary, through testing, tronic products. § 78.505 Copies of communications sent inspection, research, or examination of Every plan for bringing an electronic to first purchasers, dealers or dis- reports or other data, determines tributors. that product into conformity with applicable any electronic product does not comply Federal standards or, for remedying any (a) Every manufacturer of electronic with iin applicable Federal standard or defect in such product shall be submit- products -shall furnish to the Secretary has a defect, he shall immediately notify .ted to the Secretary in writing, and in a copy of all notices, bulletins, or other the manufacturer of the product in writ- addition to any other information which communications sent to the dealer or ing specifying: the Secretary may require, shall include: distributor of such manufacturer or to (1) The defect in the Droduct or (a) Identification of the product purchasers (or subsequent transferees) standard with which the product fails involved. of electronic products of such manufac- to comply; (b) The number of defective product turer regarding any defect in such prod- (2) The Secretary's findings, with units which have left the place of uct or any failure of such product to references to the tests, inspe'tions, manufacture. comply with an applicable standard. . studies, or reports upon which such find- c) The specific modifications, altera- (b) In the event the Secretary deems ings are based; tions, changes, repairs, corrections, or the content of such notices to be in- (3) A reasonable period of time during adjustments to be made to bring the sufficient to'protect the public health and which the manufacturer may present his product into conformity or remedy any safety, the Secretary may require addi- views and evidence to establish that there defect. tional notice to such recipients, or may is no failure of compliance or that the (d) The manner in which the opera- elect to make or cause to be made such alleged defect does not exist or does not tions described in subparagraph (c) will notification by whatever means he deems create a risk of injury by reason of the be accomplished, including the procedure appropriate. emission of electronic product radiation. for obtaining access to or possession of § 78.506 Application for exemption (b) Every manufacturer who receives the products and-the location where such from notification requirements. a notice under § 78.508(a) shall immedi- operations will be performed. ately advise the Secretary in writing of (e) The technical data, test results, or (a) A manufacturer may at the time the number of such product units which studies demonstrating the effectiveness of giving the notice required by § 78.502 have left the place of manufacture. of the proposed remedial action. or within 15 days of the receipt of any (c) If after the expiration of the pe- (f) A time limit, reasonable in light of notice from the Secretary pursuant to riod of time specified in the notice, the the circumstances, for completion of the § 78.508(a), apply for an exemption from Secretary determines that the product operations. the requirement of notice to the persons has a defect or does not comply with an (g) The system by which the manu- specified in § 78.502(b). applicable Federal standard and -the facturer will provide reimbursement for (b) The application for exemption manufacturer has not applied any transportation expenses incurred in shall contain the information required by for an exemption, he shall direct the manufac- connection with having such product § 78.503 and in addition shall set forth turer to furnish the notification to the brought into conformity or having any in detail the grounds upon 'which the persons specified in § 78.502(b) in the defect remedied. exemption is sought. manner specified in § 78.504. The manu- (h) The text of the statement which § 78.507 Granting the exemption. facturer shall within 7 days from the the manufacturer will send to the per- (a) If in the judgment of the Secre- date of receipt of such directive furnish sons specified in § 78.502(b) informing the required notification. If the defect such persons tary, the application filed pursuant to (1) that the manufacturer, § 78.506 states reasonable grounds for or failure to comply with any applicable at its expense, will repair the electronic Federal standard involves an exemption from the requirement of a substantial product involved, (2) of the'method by notice, the Secretary shall give the man- health hazard as determined by the Sec- which the manufacturer will obtain ac- ufacturer written notice specifying a retary and the manufacturer does not cess to or possession of the product to reasonable period of time during which know or cannot reasonably obtain the make such repairs, (3) that the manu- he may present his views and evidence names of persons in possession of the facturer will reimburse such persons for in support of the application. electronic product, public notice of the any transportation expenses incurred in defect or failure to comply connection (b) Such views and evidence shall be and appro- with making such repairs, confined to matters relevant td whether riate cautionary action that should be and (4) of the manner in which such re- the defect in the product or its failure aken may be required. - imbursement will be effected. Ci) An assurance that to comply with an applicable Federal § 78.509 Manufacturer's obligation to the manufac- standard may create a significant risk of repair, replace, or refund cost of elec- turer will provide the Secretary with injury, including genetic injury, to any tronic products. progress reports on the effectiveness of person and shall be presented in writing the plan, including the number of elec- (a) If any electronic product fails to tronic products repaired. unless the Secretary determines that an comply with an applicable Federal stand- oral presentation is desirable. • ard or has a defect and the notification § 78.511 Plans for the replacement of (c) If, during the period of time af- specified in § 78.502(b) is required to be electronic products. forded the manufacturer to present his furnished, the manufacturer of such Every plan for replacing an electronic views and evidence, the manufacturer product shall (1) without charge, bring product with a like or equivalent product proves to the Secretary's satisfaction such product into conformity with such shall be submitted to the Secretary in that the defect or failure to comply does standard or remedy such defect and pro- writing, and in addition to any other in- not create a significant risk of injury, vide reimbursement for any expenses for formation which the Secretary may re- including genetic injury, to any person, transportation of such product incurred quire, shall include: the Secretary shall issue an exemption in connection with having such product (a) Identification of the product to be from the requirement of notification to brought into conformity or having such replaced. the manufacturer and shall-notify the defect remedied; (2) replace such prod- (b) A description of the replacement manufacturer in writing specifying: uct with a like or equivalent product product in sufficient detail to support the

FEDERAL REGISTER, VOL. 34, NO. 106-WEDNESDAY, JUNE 4, 1969 8956 PROPOSED RULE MAKING

manufacturer's contention that the re- refund-an amount equal to the suggested regulations prescribed: by the Secretary placement product is like or equivalent to retail price for such product pius any of the Treasury, unless-atimely anc ade- the product being replaced. transportation costs in connection with quate petition for permission ta bringthe (c) The number of defective product the manufacturer's obtaining possession product into compliance is filed and units which have left the place of of such product. grantedcunder §§ 78.607 and 78.608. manufacture. (h) The text of the statement which §'78.604' Notice of sampling. (d) The manner in which the replace- the manufacturer will send to the per- ment operation will be effected including sons specified in § 78.502(b) informing When a sample of a product offered for importation has been requested by the the procedure for obtaining possession such persons (1) that the manufacturer, of the product to be replaced. at its expense, will, refund the' cost of Secretary, the. collector of customs hav- (e) A time limit, reasonable in light the electronic product plus any transpor- ing jurisdiction over -the shipment from of the circumstances, for completion of tation. costs, (2) of the. amount. to be which the sample is procured shall give to its owner, or consignee prompt notice the replacement. refunded. exclusive of transportation (D The steps which the manufacturer (3) of delivery- of, or intention t deliver, costs, of the method by which the such sample. If the notice so- requires, the will take to insure that the defective manufacturer will obtain possession of product will. not be reintroduced into owner or, consignee, shall hold the ship- the product and make the refund- nient of which the sample is typical and commerce. (i)An, assurance that the manufac- (g) The system by which the manu- not distribute such product comprising turer will provide the Secretary with the shipment untilnotice of the results of facturer will provide reimbursement for progress reports on the effectiveness of any expenses for transportation of such thetests of the sample from the Secretary the plan, including the- number: of. re- or the collector of customs. product incurred in connection with ef- funds made. fecting the replacement. § 78.605 • Payment for samples. (h) The text of the statement which § 78.5-13' Approval of plans. The Department of Health, Education, the manufacturer will send to the per- If, after review of any plan submitted sons specified in § 78.502(b) informing and- Welfare will pay for all import pursuant to this part, the Secretary de- samples of electronic products rendered such persons (). that the manufacturer, termines that the action to be taken by at its expense, will replace the electronic unsalable as a result of testing, or will the manufacturer will expeditiously and pay the reasonable costs of repackaging product involved, (2) of the method. by effectively fulfill the, manufacturer's ob- such. samples for sale, if the samples are which the manufacturer will obtain lios- ligation. under § 78.509 in a manner de- foundto be in compliance with the re- session of the product, and, effect the re- signed to encourage the-public to respond placement, (3) that the manufacturer quirements of the Radiation- Control for 'to the proposal, the Secretary will send Health and Safety Act of 1968. Billing will reimburse such persons for any- written notice of.his approval of such for reimbursement shall be made by the transportation-expenses incurred in con- plan.to the manufacturer. Suc. approval owner or consignee to the Bureau of nection with effecting such replacement, may be conditioned uponsuch additional Radiological Health, 12720 Twinbrook and (4) of the manner in which such re- terms as the Secretary deems necessary Parkway, Rockville, Md. 20852. Payment imbursement will be made. to protect the public health- and safety. for samples will notbe made if the sample (i) An assurance that the manufac- § 78.514, Effect of regulhtions - or other is found to be in violation of the Act, even turer will provide the Secretary with laws. though subsequently brought into com- progress reports on the effectiveness of pliance pursuant, o terms specified in a The remedies provided for in this part the plan, including the number of elec- notice of permission issued under shall'be in addition to and not in sub- tronic products replaced. § 78.608. stitution for any-otherremedies provided 8 78.512 Plans for refunding the cost of by law and' shall not relieve any-person § 78.606 Hearing. electronic products., from liability at common law- or- under (a) If, from an. examination of. the Every plan for refunding the cost of statutory law. sample or otherwisei-it appears that the an electronic product shall be submitted product -may be subject to a refusal of to the Secretary in writing, and in. addi- Subpart' C-inportation of Electronic Products- -admission, the Secretary shall give the tion to any other information which the owner or consignee a written notice to Secretary may require, shall include: § 78.601 Applicability. that effect-stat'ig the reasons therefor. (a) Identification of the product The provisions of this subpart are ap- The" notice? shall. specify a place and a involved. period of time- during 'which the owner (b) The number of defective product plicable to electronic products whici are subject to the standards- prescribed in or consignee shall have an opportunity units which have left the place of to introduce- testimony. Upon- timely re- manufacture. Subpart. D, and are offered for importation into. the Uiiited States. quest, such time and place may be (c) The manner in which the refund changed. Such testimony shall be con- operation will be effected including the § 79.602 Definitions. fined to matters relevant to the admissi- procedure for obtaining possession of As used in this subpart: bility of the article and. may be intro- the product for which the refund is to (a) The term "United States" means duced orally or in writing. be made. the customs territory of the United States (b) If the owner or consignee submits (d) The steps which the manufacturer as defined in 19 U.S.C. 1302 and the Vir- or indidates- his intention to submit an will take to- insure that the. defective ginIslands, Guam, and AmericanSamoa. application for permission to perform products will not be reintroduced into (b) The term, "owner" or "consignee" such action as is necessary to bring the commerce. means the person who has the rights of a product into compliance with the Act, (e) A time limif, reasonable in light consignee under the provisions of sec- such testimony shall inclucfe evidence in of the circumstances, for obtaining the tions 453, 484, and 485 of the Tariff Act suppor, of the, application. product and making the refund. of 1930, as amended (19 UtS.C. 1483, 1484, (c) If the application is not submitted (f) In the case of a product which has 1485). at or prior to the hearing, the Secretary a retail price of $50 or more and to which may allow a reasonable- time for filing a Federal standard is applicable, a state- § 78.603, Importation of noncomplying such- application. ment that the manufacturer will refund goods prohibited. the actual cost of such product as shown § 78.607 Application for- permission to The importation of any electronic bring product. into compliance. by the records required to be kept by this product, which falls to comply with. an part plus any transportation costs in applicable standard prescribed under Application for permission to perform connection with the-manufacturer's ob- section 358 of the Act or to which is not such action as is necessary to bring the taining possession of such product. affixed a certification in the form of a product into compliance with: the Act (g) In the case of a product which label or tag in.conformity with section may-be filed only- by-the owner or con- has a retail price of less than $50 or to 358 (h) (42 U.S.C. 263f(h) ) shall be re- signee, and, in addition to any other in- which no Federal standard is applicable, fused admission into the United States, formation which the- Secretary may a statement that the manufacturer will and shall be destroyed or exported, under reasonably require, shall:

FEDERAL REGISTER; VOL. 34, NO. 106--WEDNESDAY, JUNE. 4. 1969 PROPOSED RULE MAKING 8957

(a) Contain detailed proposals for ulations in force on the date of request (b) The designation shall be addressed bringing the product into compliance for authorization. The bond shall be filed to the Bureau of Radiological Health, with the Act; with the collector of customs. 12720 Twinbrook Parkway, Rockville, (b) Specify the time and place where (b) The collector of customs may can- Md. 20852. It shall be in writing and such operations will be effected and the cel or mitigate the liability for liquidated dated; all signatures shall be in ink. The approximate time for their completion; damages incurred under the above-de- designation shall be-made in the legal and scribed provisions of the bond, if he re- form required to make it valid and bind- (c) Identify the bond required to be ceives an application for relief therefrom, ing on the manufacturer under the laws, filed pursuant to § 78.609. or upon such other terms and con- corporate bylaws, or other requirements ditions as shall be agreed upon as appro- § 78.608 Granting permission to bring governing the making of the designation product into compliance. priate by the collector of customs and the by the manufacturer at the place and Secretary. time where it is made, and the persons *a) When permission contemplated by or person signing the designation shall § 78.607 is granted, the Secretary shall § 78.610 Costs of bringing product into compliance. certify that it is so made. The designa- notify the applicant in writing, specify- tion shall disclose the manufacturer's ing: The costs of supervising the operations full legal name and the name(s) under (1) The procedure to be followed; necessary to bring a product into compli- which it conducts its business, if appli- (2) The disposition of the rejected ance with the Act shall be paid by the cable, its principal place of business, and articles or portions thereof; owner or consignee who files an applica- mailing address. If any of the products (3) That the operations are to be car- tion pursuant to § 78.607 and executes a of the manufacturer do not bear his legal ried out under the supervision of a rep- bond under section 360(b) of the Act. name, the designation shall identify the resentative of the Department of Health, Such costs shall include: marks, trade names, or other designa- Education, and Welfare or the Bureau of (a) Travel expenses of the supervising tions of origin which these products bear. Customs, as the case may be; officer; The designation shall provide that it will (b) Per diem in lieu of subsistence of remain in effect until withdrawn or re- (4) A reasonable time limit for com- the supervising officer when away from pleting the operations; and placed by the manufacturer and shall his home station, as provided by law; bear a declaration (5) Such other conditions as he finds of acceptance duly (c) Services of the supervising officer signed by necessary the designated agent. The full to maintain adequate super- to be calculated at a flat rate of $12 per legal name vision and control over the product. and mailing address of the hour (which shall include administrative agent shall be stated. Until rejected by (b) Upon receipt of a written request expense) except that -such services per- the Secretary, designations are binding for an extension of time to complete the formed by a customs officer and subject on the manufacturer even when not in operations necessary to bring the prod- to the provisions of the Act of Febru- compliance with all the requirements of uct into compliance, the Secretary may ary 13, 1911, as amended (section 5, 365 this section. The designated agent may grant such additional time as he deems Stat. 901, as amended, 19 U.S.C. 267) not assign performance of his function necessary. shall be calculated as provided by that under the designation to another. Act. (c) The notice of permission may be (c) Service of any process, notice, (d) The minimum charge for services or- amended upon a showing of reasonable der, requirement or decision specified of supervising officers shall be not less in grounds therefor and the filing of an section 360(d) of the Radiation Control than the charge for 1 hour and time amended application for permission with after for Health and Safety Act of 1968 may the first hour shall be computed the Secretary. in mul- be made by registered or certified mail tiples of 1 hour, disregarding fractional (d) If ownership of a product included addressed to the agent with parts return re- in a notice of 'permission changes before less than one-half hour. ceipt requested, or in any other manner the operations specified in the notice SERVICE OF PROCESS authorized by law. In the absence of such have been completed, the original owner § 78.630 Service of process on manu- a designation or if for any reason service will remain responsible under its bond, facturers and importers. on the designated- agent cannot be ef- unless the new owner has executed a new fected, service may be made as provided bond and obtained a new notice. (a) Every manufacturer of electronic in section 360(d) by posting such process, products, prior to offering such product 78.609 Bonds. notice, order, requirement, or decision in § for importation into the United States, (a) The bond required under section shall designate a permanent resident of the Office of the Director, Bureau of 360(b) of the Act may be executed by the United States as the manufacturer's Radiological Health and publishing a the owner or consignee on the appro- agent upon whom service of all processes, notice that such service was made in the priate form of a customs single-entry or notices, orders, decisions, and require- FEDERAL REGISTER. term bond, containing a condition for ments may be made for and on behalf the redelivery of the shipment or any of the manufacturer as provided in sec- CHRIS A. HANSEN, part thereof upon demand of the collection 360(d) of the Radiation Control for Assistant S u rg e o n General, tor of customs and containing a provision Health and Safety Act of 1968 (42 U.S.C. Commissioner, Environ- for the performance of conditions as may 263h(d)) and this section. The agent mental Control Administra- legally be imposed for the action neces- may be an individual, a firm, or a do- tion. sary to bring the product into compliance mestic corporation. For purposes of this MAY 23, 1969. with the Act in such manner as is pre- section, any number of manifacturers [P.R. Doc. 69-6407; 1'led, June 3, 1969; scribed for such bond in the customs reg- may designate the same agent- 8:45 a.m.]

FEDERAL REGISTER, VOL 34, NO. 106-WEDNESDAY, JUNE 4, 1969