WEDNESDAY, SEPTEMBER 22, 1971

WASHINGTON, D.C.

Volume 36 ■ Number 184

Pages 18771-18842

PART I

(Part II begins on page 18837)

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

AIR PILOTS— FAA proposal rescheduling public hearing 10-19-71 to amend “age 60” rule; com­ ments by 10-15-71...... 18802

ADVERSARY PUBLIC HEARINGS— DoD proposal for practice and procedure; comments within 45 d a y s...... 18798

ALIENS— Justice Dept, amendments on immigra­ tion and naturalization service; effective 9—22— 71 ______18784

BIOLOGICAL PRODUCTS— HEW amendments on sterility testing and use of spore-bearing organisms _____ 18795

CREAMED COTTAGE CHEESE— FDA notice of proposal to permit use of optional ingredients to retard growth of microflora; comments within 60 d a y s...... 18800

FOOD ADDITIVE— FDA notices of petitions (3 documents)..:...... 18805, 18806

FOREIGN QUARANTINE— HEW notice of con­ sideration to extend current list of quarantine ex­ empt areas; comments within 30 days...... 18807

FROZEN CRANBERRIES— USDA amendments to grade standards; effective 9 -2 2 -7 1 ...... 18777

GEOTHERMAL RESOURCES— Interior Dept, notice on extension of time for comments from 9-21-71 to 11-12-71...... 18799

LAND OPENING— Interior Dept, order on open­ ing of lands in Arizona...... 18804

(Continued inside) Notv Available

LIST OF CFR SECTIONS AFFECTED

1949-1963

This volume contains a compilation of the “List of Sections Af­ fected” for all titles of the Code of Federal Regulations for the years 1949 through 1963. All sections of the CFR which have been ex­ pressly affected by documents published in the daily Federal Reg­ ister are enumerated.

Reference to this list will enable the user to find the precise text of CFR provisions which were in force and effect on any given date during the period covered.

Price: $6.75

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

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

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERALÄMEGISTER Archives and Records Service, General Services Administration, Washington, D.C. 20408, Area Code 202 \ 193« ¿ 0? Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal Register will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o p Federal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op F ederal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal Register or the Code op F ederal Regulations. HIGHLIGHTS ■Continued

INCOME TAX— IRS regulations concerning PLANT QUARANTINES— amortization of railroad grading and tunnel bores USDA revision exempting certain articles from and regulations concerning treatment of livestock with respect to cereal leaf beetle; effective 9-22-71 ...... 18779 (2 documents) ...... ______18788, 18791 USDA revision exempting certain articles from cereal leaf beetle quarantine requirements; ef­ MEDICAL CHARGES— VA amendment relating to fective 9 -2 2 -7 1 ...... 18779 rates for care or services; effective 9 -1 5 -7 1 ...... 18794 RELOCATION ASSISTANCE— MOBILE HOMES— HUD regulations regarding re- HEW regulations with modifications relating to financing; effective 1 0 -2 2 -7 1 ______18788 applicability and assurances from State Agencies; effective 9 -2 2 -7 1 ...... 18838 NEW ANIMAL DRUG— FDA approval of ampicillin HEW proposal for consideration of comments trihydrate capsules; effective 9-22-71 ______18787 received by 12-31-71 on regulations adopted.. 18800

Contents

AGRICULTURAL RESEARCH CIVIL AERONAUTICS BOARD FEDERAL AVIATION SERVICE Rules and Regulations ADMINISTRATION Rules and Regulations Charter trips and special services. 18787 Rules and Regulations Airworthiness directives; British Brucellosis; modified certified Terms, conditions and limitations of certificates to engage in sup­ Aircraft Corp. (2 documents)_ 18785, areas______18784 18786 Domestic quarantine notices: plemental air transportation__ 18787 Terms, conditions and limitations Federal airways; alteration_____ 18786 Cereal leaf beetle: of foreign air carrier permits Proposed Rule Making Exemptions______._ 18779 authorizing charter transporta­ Airworthiness directives: Miscellaneous amendments to tion only______18787 McDonnell Douglas airplanes__ 18801 chapter ______18779 Notices SIAI-Marchetti airplanes_____ 18800 Trans World Airlines, Inc.; order Control zone; proposed alteration. 18802 AGRICULTURE DEPARTMENT of suspension and investigation Limitation on use by certain cer­ tificate holders of pilots that See Agricultural Research Serv­ regarding container rates and charges on cut flowers______. 18808 have reached their 60th birth­ ice; Consumer and Marketing day ______18802 Service; Forest Service; Pack­ Transition areas: ers and Stockyards Administra­ COMMERCE DEPARTMENT Proposed alteration______18802 tion. See International Commerce Bu­ Proposed designation______18801 reau. ARMY DEPARTMENT FEDERAL HOUSING See Engineers Corps. CONSUMER AND MARKETING ADMINISTRATION SERVICE Rules and Regulations ATOMIC ENERGY COMMISSION Rules and Regulations Mobile homes; financing______18788 Rules and Regulations Almonds grown in California; ex­ FEDERAL POWER COMMISSION penses and rate of assessment_ 18781 Use of standard clauses______18794 Fresh Bartlett'pears grown in Ore­ Notices Notices gon and Washington; expenses Geological Survey; finding and and rate of assessment.______18780 order regarding application for Consumers Power Co.; confirma­ Frozen cranberries; standards for revocation of designated water tion of issuance of order recon­ grades______18777 power designation, power site vening hearing______18808 Hops of domestic production; ex­ reserve and project withdrawal. 18813 Northern States Power Co.; order penses and rate of assessment. _ 18781 Hearings, etc.: extending provisional' operating Oranges, grapefruit, tangerines Eastern Shore Natural Gas Co_18811 and tangelos grown in Florida; El Paso Natural Gas Co______18813 license expiration date___._____ 18807 limitation of export shipments.. 18780 Lone Star Gas Co__ !______18813 Receipt of applications for con­ Prunes; import regulations_____ 18781 Michigan Wisconsin Pipe Line struction permits and facility C o ______18814 licenses; time for submission DEFENSE DEPARTMENT Mobil Oil Corp. et al______18809 Northern Natural Gas Co. (3 of views on antitrust matter: See Engineers Corps. Pacific Gas and Electric Co___ 18807 documents)______18814,18815 Panhandle Eastern Pipe Line Washington Public Power Sup­ ENGINEERS CORPS C o ______18815 ply System------18807 Proposed Rule Making Southern Natural Gas Co_____ 18815 University of Illinois at Urbana- Adversary public hearings re­ Trunkline Gas Co. and Texas Champaign; extension of com­ quired before issuance, modifi­ Gas Transmission Corp_____ 18816 pletion date of construction per­ cation, suspension or revocation United Gas Pipe Line Co______18816 mit ______18808 of permits______18798 (Continued on next page) 18773 18774 CONTENTS

FEDERAL RESERVE SYSTEM Ru !es and Regulations JUSTICE DEPARTMENT Rules and Regulations Relocation assistance and real See Immigration and Naturaliza­ property acquisition policies___ 18838 Bank holding companies; miscel- tion Service. laneous amendment______18785 Proposed Rule Making LAND MANAGEMENT BUREAU Notices Relocation assistance and real Acquisition of shares of banks; property acquisition policies for Proposed Rule Making applications for approval: Federal and Federally assisted Geothermal resources; extension Combanks Corp_*______18817 projects ______18800 of time for filing comments___ 18799 Southeast Banking Corp______18817 Notices Notices Virginia Commonwealth Bank- Arizona; order providing for open­ shares, Inc______18817 Organization and functions state­ ments : ing of lands______18804 FEDERAL TRADE COMMISSION Office of Assistant Secretary for Nevada; termination of proposed Administration and Manage­ classification of public lands for Rules and Regulations ment and Office of HEW Fel­ transfer out of public owner­ Administration of Fair Credit Re­ lows Program______18806 ship ------18804 porting Act; change in title of Office of International Affairs_ 18806 Oregon; designation of Steens division______18788 Mountain recreation lands____ 18804 Notices HOUSING AND URBAN PACKERS AND STOCKYARDS Bureau of Consumer Protection; DEVELOPMENT DEPARTMENT ADMINISTRATION change in division titles______18818 See Federal Housing Administra­ tion. Notices FISH AND WILDLIFE SERVICE Clark, Phil, and Sons Sales Co. et Rules and Regulations IMMIGRATION AND al.; posted stockyards______18805 Hunting in certain national wild- NATURALIZATION SERVICE life refuges: PUBLIC HEALTH SERVICE Rules and Regulations North Dakota______18797 Rules and Regulations W isconsin______18797 Miscellaneous amendments to chapter______- 18784 Biological products; sterility tests FOOD AND DRUG and use of spore-bearing orga­ ADMINISTRATION INTERIOR DEPARTMENT nisms ______z ______18795 Notices Rules and Regulations See also Fish and Wildlife Serv­ F o r e i g n quarantine; exempt New animal drugs; approval ice; Geological Survey; Land ____ 18787 Management Bureau. areas______18807 Proposed Rule Making Notices SECURITIES AND EXCHANGE Creamed cottage cheese; identity Proposed sea water distillation standard______18800 module, Orange Co., Calif.; final COMMISSION Notices environmental statement------18805 Notices Food additive petitions filed: Hearings, etc.: Atlas Chemical Industries, Inc. 18805 INTERNAL REVENUE SERVICE Central Investment Company of Buckman Laboratories, Inc__ _ 18806 D enver______18818 Nalco Chemical Co______18806 Rules and Regulations Income tax : Pittway Corp. and Metropolitan FOREST SERVICE Amortization of railroad grading Nuns Island Partnership____ 18820 and tunnel bores------18788 United Farmers and Ranchers, Rules and Regulations Treatment of livestock______18791 Inc ______18821 Board of Forest Procedures; rules of procedure______18794 INTERNATIONAL COMMERCE SMALL BUSINESS ADMINISTRATION GENERAL SERVICES BUREAU ADMINISTRATION Notices Notices Chesapeake Capital Corp.; li­ Notices Scantronic AB and Swedish Elec­ tronic Export Group AB; related cense surrender______18822 Secretary of Defense; delegation party determinations______18805 M a n a g e r , Baltimore Disaster of authority______— 18818 Branch Office; delegation of au­ thority ______18821 GEOLOGICAL SURVEY INTERSTATE COMMERCE Proposed Rule Making COMMISSION TRANSPORTATION DEPARTMENT Geothermal resources leasing and Notices See Federal Aviation Administra­ tion. operations on public, acquired, Assignment of hearings------18833 and withdrawn lands; exten­ Motor carriers: sion of time for comments; Alternate route deviation no­ TREASURY DEPARTMENT cross reference______18800 tices (2 documents)__ 18825, 18826 See Internal Revenue Service. Applications and certain other HEALTH, EDUCATION, AND proceedings ______- 18827 VETERANS ADMINISTRATION Intrastate applications____ 18822 WELFARE DEPARTMENT Temporary authority applica­ Rules and Regulations See also Food and Drug Adminis­ tions (2 documents)__ 18830, 18831 Medical charges; rates for care or tration; Public Health Service. Transfer proceedings______18833 services ______18794 CONTENTS 18775 List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears following the Notices section of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1971, and specifies how they are affected.

7 CFR 16 CFR 36 CFR 52____- ______18777 1 ______18788 211-______18794 301 (2 documents)______18779 905______— 18780 21 CFR 38 CFR 931______18780 135c______18787 17——______— 18794 981______18781 P roposed R u l e s: 991______18781 41 CFR 999______: ______18781 19 _ _ — ______18800 9-7— ______1___ 18794 8 CFR 24 CFR 238______18784 201______18788 42 CFR 245______18784 73______18795 9 CFR 26 CFR 78______18784 1 (2 docum ents)__ - „ 18788, 18791 43 CFR 13______18788 P roposed R u l e s: 12 CFR 3000______18799 222^______— 18785 30 CFR 3045______- ______18799 P roposed R u l e s: 3104_____ 18799 14 CFR 270 ______18800 3200______18799 39 (2 documents) 18785, 18786 71______18786 33 CFR 45 CFR 207 ______18787 P roposed R u l e s: 15______18838 _____ 18787 208 ______209- ______18798 P roposed R u l e s: 214______18787 15______18800 P roposed R u l e s: 39 (2 documents) 18800, 18801 71 (3 documents) 18801, 18802 50 CFR 121- ______18802 32 (2 documents) ------18797

18777 Rules and Regulations

S ample U n it Size (c) “U.S. Grade C” or “U.S. Stand­ Title 7— AGRICULTURE Sec. ard” is the quality of frozen cranberries 52.6283 Sample u n it size. that: Chapter I— Consumer and Marketing F actors op Quality (1) Possess a fairly good color; Service (Standards, Inspection, 52.6284 Ascertaining the grade of a sample (2) Are fairly free from defects; Marketing Practices), Department of unit. (3) Possess a fairly good character; Agriculture 52.6285 Ascertaining the rating for the fac­ (4) Possess a normal flavor and odor; tors which are scored. (5) Have not more than a trace of PART 52— PROCESSED FRUITS AND 52.6286 Color. grit or silt present that slightly affects VEGETABLES, PROCESSED PROD­ 52.6287 Defects. the appearance or edibility of the prod­ 52.6288 Character. UCTS THEREOF, AND CERTAIN uct; and Lot Compliance (6) Score not less than 70 points when OTHER PROCESSED FOOD PROD­ 52.6289 Ascertaining the grade of a lot. scored in accordance with the scoring UCTS system outlined in this subpart. SCORESHEET Subpart— U.S. Standards for Grades (d) “Substandard” is the quality of frozen cranberries that fail to meet the of Frozen Cranberries 1 52.6290 Scoresheet for frozen cranberries. Authority: The provisions of this subpart requirements of “U.S. Grade C”. On August 6,1971, a notice of proposed issued under sec. 205, 60 Stat. 1090, as S ample U n it S ize rule making was published in the F ederal amend, 7 U.S.C. 1624. R egister (36 F.R. 14474) regarding a § 52.6283 Sample unit size. P roduct D escription and G rades proposed issuance of U.S. Standards for For purposes of evaluating quality fac­ Grades of Frozen Cranberries. This new § 52.6281 Product description. tors, the sample unit size is 12 ounces of grade standard would be issued under Frozen cranberries is the product pre­ cranberries. authority of the Agricultural Marketing pared from the sound, mature berries of F actors of Quality Act of 1946 (sec. 205, 60 Stat. 1090, as the commonly cultivated cranberry amended; 7 U.S.C. 1624) which provides plant. The product is prepared by sorting § 52.6284 Ascertaining the grade of a for the issuance of official U.S. grades to and cleaning to assure a wholesome prod­ sample unit. designate different levels of quality for uct. The prepared product is frozen and (a) General. The factors of size, color, the voluntary use of producers, buyers, stored at temperatures necessary for and consumers. Official grading services defects, and character shall be evaluated are also provided under this act upon re­ preservation. immediately after the product is thawed. quest, and upon payment of a fee to cover § 52.6282 Grades of frozen cranberries. (b) Factors not rated by score points. the cost of such service. (1) Flavor and odor. (a) “U.S. Grade A” or “U.S. Fancy” is (2) Size. Interested persons were allowed until the quality of frozen cranberries that: (3) Varietal characteristics. September 7, 1971, to submit written (1) Possess a good color; (c) Definitions. (1) “Normal flavor comments in connection with the pro­ (2) Are practically free from defects: and odor” means that the product is free posal. No Comments were received and (3) Possess a good character; from objectionable flavors and objec­ the proposed standards are hereby (4) Possess a normal flavor and odor; tionable odors of any kind. adopted. Some editorial and format (5) Are of similar varietal (2) “Diameter” means the greatest changes were made for improved presen­ characteristics; dimension measured at right angles to a tation only. (6) Have no grit or silt present that line from the stem end to blossom end of It is hereby found that good cause affects the appearance or edibility of the the berry. exists for not postponing the effective product; and (d) Factors rated by score points. The date of this standard beyond the date of (7) Score not less than 90 points when relative importance of each sooreable publication hereof in the F ederal R egis­ scored in accordance with the scoring factor is expressed numerically on the ter, in that: (1) The 1971 packing season system outlined in this subpart. scale of 100. The maximum number of for frozen cranberries will begin in Sep­ Frozen cranberries of this grade may points that may be given such factors tember and it is in the interest of the contain not more than 5 percent, by are: public and the industry that this stand­ count, of berries that are less than thir­ Points ard be placed in effect at the earliest Color ______50 possible date; and (2) the cranberry in­ teen thirty-seconds of an inch in D efects______30 dustry and other interested persons are ^ q,ihl© Character ______20 already aware of the requirements of the (b) “U.S. Grade B” or “U.S. Choice” is the quality of frozen cranberries that: Total score------100 standards, through the aforesaid notice. (1) Possess a reasonably good color; Additional time is not needed to adapt (2) Are reasonably free from defects; § 52.6285 Ascertaining the rating for to them. (3) Possess a reasonably good char­ the factors which are scored. Accordingly, these standards shall be­ acter; The essential variations, within each come effective upon publication in the (4) Possess a normal flavor and odor; scoreable factor, are so described that F ederal R egister. (5) Are of similar varietal character­ the value may be ascertained for each The standards are as follows : istics; factor and expressed numerically. The numerical range within each factor roduct escription and rades (6) Have no grit or silt present that P D G which is scored is inclusive (for example, Sec. affects the appearance or edibility of the product; and “45 to 50 points” means, 45, 46, 47, 48, 52.6281 Product description. 49, or 50 points). 52.6282 Grades of frozen cranberries. „ (7) Score not less than 80 points when scored in accordance with the scoring § 52.6286 Color. system outlined in this subpart. (a) General. The color of frozen cran­ 1 Compliance with the provisions of these standards shall not excuse failure to comply Frozen cranberries of this grade may berries refers to: with the provisions of the Federal Food, Drug, contain not more than 5 percent, by (1) The characteristic color, the vary­ and Cosmetics Act or with applicable State count, of berries that are less than nine ing degrees of dark red, red, pink, light laws and regulations. thirty-seconds of an inch in diameter. pink, tan, yellowish green, and green

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 areas of thè outer surface of the indi­ (d) (B) classification. Frozen cran­ which exceeds in the aggregate the area cranberries that fall into this classifica­ 18778 vidual cranberry; and berries that possess a reasonably good of a circle one-fourth of an inch in tion shall not be graded above U.S. Grade (2) The uniformity of the individual color may be given a score of 40 to 44 diameter or which materially affects the B regardless of the total score for the sample unit when viewed as a mass. points. “Reasonably good color” means appearance or edibility of the individual product (this is a limiting rule). (b) Definitions. (1) “Well colored” that the color falls within the limits spe­ cranberry, regardless of area. (e) (C) classification. Frozen cran­ means that 90 percent or more of the cified in table I. Frozen cranberries that (4) “Fine stem” means a stem that at­berries that are fairly free from defects surface of the individual cranberry is a fall into this classification shall not be taches the cranberry to the vine, whether may be given a score of 21 to 23 points. pink or red color characteristic of the graded above U.S. Grade B regardless connected or loose, that is three-fourths “Fairly free from defects” means that variety. of the total score for the product (this of an inch or more in length. the defects present fall within the limits . (2) “Fairly well colored” means that is a limiting rule). (c) (A) classification. Frozen cran­ specified in table n . Frozen cranberries 75 percent or more of the surface of the (e) (C) classification. Frozen cran­ berries that are practically free from de­ that fall into this classification shall not individual cranberry is a pink or red berries that possess a fairly good color fects may be given a score of 27 to 30 be graded above U.S. Grade C regardless color characteristic of the variety. may be given a score of 35 to 39 points. points. “Practically free from defects” of the total score for the product (this (3) “Poorly colored” means that less “Fairly good color” means that the color means that the defects present fall with­ is a limiting rule). than 75 percent of the surface of the in­ falls within the limits specified in Table in the limits specified in table n . (f) (SStd) classification. Frozen cran­ dividual cranberry is a pink or red color I. Frozen cranberries that fall into this (d) (B) classification. Frozen cran­ berries that fail to meet the requirements characteristic of the variety, provided classification shall not be graded above berries that are reasonably free from de­ of the (C) classification may be given a it has some pink or red color. U.S. Grade C regardless of the total fects may be given a score of 24 to 26 score of 0 to 20 points and shall not be (4) “Uncolored” means the surface of score for the product (this is a limiting points. “Reasonably free from defects” graded above Substandard, regardless of the individual cranberry is light yellow rule). means that the defects present fall with­ of the total score for the product (this to light green and possesses no area of (f) (SStd) classification. Frozen cran­ in the limits specified in table H. Frozen is a limiting rule). pink or red color. berries that fail to meet the require­ (c) (A) classification. Frozen cran­ ments of the (C) classification may be Table n —Defect Allowances for Frozen Cranberries berries that possess a good color may be given a score of 0 to 34 points and shall REGULATIONS AND RULES given a score of 45 to 50 points. “Good not be graded above Substandard, re­ Grade A Grade B Grade C color” means that the color falls within gardless of the total score for the prod­ Defects affecting the overall appearance of the sample Not more than Not materially Not seriously the limits specified in table I. uct (this is a limiting rule). unit. slightly affected, affected. affected. Table I—Color Allowances for F rozen Cranberries Maximum in each sample unit Harmless extraneous plant material...... H sq. in...... sq. in...... % sq. in; Grade A, good Grade B, reason- Grade C, fairly Total—major and minor blemished cranberries. 15, but— 25, but— 35, but— color ably good color good color Major blemished cranberries______No more than 7 ... No more than 10.. No more than 15. Fine stems...... 4...... 4...... No limit. Any condition affecting the overall color appearance Not more than Not materially Not seriously of the sample unit. slightly affected. affected. affected. § 52.6288 Character. “Fairly good character” means that the cranberries may be very soft to very firm Maximum number of cranberries within each sample unit (a) (A) classification. Frozen cranber­ ries that possess good character may be but not more than 60 cranberries in the Fairly well-colored and/or poorly colored...... 15...... sample unit may be mushy or hard. Fairly well-colored and/or poorly colored and/or un-...... l...... 3oI. given a score of 18 to 20 points. “Good colored. character” means that the cranberries Frozen cranberries that fall into this Poorly colored and/or uncolored...... 60. classification shall not be graded above Poorly colored..;...... 3...... may be slightly soft to moderately firm Uncolored...... None...... i ” ” I” but not more than 10 cranberries in the U.S. Grade C regardless of the total Well colored...... Remainder.____ Remainder______sample unit may be mushy or hard. score for the product (this is a limiting Well colored and/or fairly well colored...... Remainder. (b) (B) classification. Frozen cranber­ rule). ries that possess reasonably good char­ (d) (SStd) classification. Frozen cran­ § 52.6287 Defects. expected to become incorporated in the acter may be given a score of 16 or 17 berries that fail to meet the require­ (a) General. The factor of defects re­ finished product. points. “Reasonably good character” ments of the (C) classification may be fers to the degree of freedom from harm­ (2) “Minor blemish” means discolora­ means that the cranberries may be given a score of 0 to 13 points and shall less extraneous plant material, fine tion or damage caused by sunscald, path­ slightly soft to moderately firm but not not be graded above Substandard regard­ stems, minor blemishes, and major ological, mechanical, or other means more than 20 cranberries in the sample less of the total score for the product blemishes, and from any other defects which exceeds in the aggregate the area unit may be mushy or hard. Frozen cran­ (this is a limiting rule). which affect the appearance or edibility of a circle one-eighth of an inch in di­ berries that fall into this classification Lot Compliance of-the product. ameter or which slightly affects the ap­ shall not be graded above U.S. Grade B (b) Definitions. (1) “Harmless extra­ pearance or edibility of the individual regardless of the total score for the prod­ § 52.6289 Ascertaining the grade of a neous plant material” means material, cranberry, regardless of area. uct (this is a limiting rule). lot. such as vines and leaves, that is part of (3) “Major blemish” means discolora­ (c) (C) classification. Frozen cranber­ The grade of a lot of frozen cranber­ the cranberry plant or its immediate en­ tion or damage caused by sunscald, path­ ries that possess fairly good character ries covered by these standards is deter­ vironment and that may be reasonably ological, mechanical, or other means may be given a score of 14 or 15 points. mined by the procedures set forth in the

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 RULES AND REGULATIONS 18779

Regulations Governing Inspection and (2) Soybeans. § 301.84—2b Exempted articles.1 Certification of Processed Fruits and (3) Ear com (shelled corn is not (a) The following articles aré exempt Vegetables» Processed Products Thereof, regulated). from tiie certification and permit re­ and Certain Other Processed Pood Prod­ (4) Straw and hay, including marsh quirements of this subpart if they meet ucts (§§ 52.1 to 52.87). hay, except pelletized hay. (5) Grass sod. the applicable conditions prescribed in SCORESHEET subparagraphs (1) through (3) of this (6) Grass and forage seed. paragraph and have not been exposed to § 52.6290 Scoresheet for frozen cran­ (7) Fodder and plant litter. infestation after cleaning or other han­ berries. ( 8 ) Used harvesting machinery. dling as prescribed in said sub- (9) Scotch pine (Pinus sylvestris), paragraphs: Size and kind of container...... red pine (.Pinus resinosa), and Austrian Container mark or identification.. pine (Pinus nigra) Christmas trees, in­ (1) Small grains, except oats and bar­ Label...------ley, if cleaned to meet State seed sales Net weight (ounces)... cluding any subspecies thereof. Size (percent under__...inch)__ requirements of the State of origin. (10) Any other products, articles, or (2) Grass and forage seed, if cleaned means of conveyance, of any character to meet State seed sales requirements of Factors Score points whatsoever, not covered by subpara­ the State of origin. graphs (1) through (9) of this para­ (3) Soybeans, if transported in cov­ [(A) 45-50 graph, when it is determined by an 1(B) »40-44 inspector that they present a hazard of ered vehicles and moved to designated Color...... ___ 50 j1(C) »35-39 plants;2 or, if cleaned to meet State seed l(SStd) » 0-34 spread of the cereal leaf beetle, and the sales requirements of the State of origin. !(A) 27-30 person in possession thereof has been 1(B) »24-26 (b) The following articles are exempt Defects______...... 30 \1(C) »21-23 so notified. from the certification, permit, and other l(SStd) » 0-20 (A) 18-20 (Secs. 8 and 9, 37 Stat. 318, as amended, sec. requirements of this subpart, under the 106, 71 Stat. 33; 7 U.S.O. 161, 162, 150ee; ...... 20 j1(B) »16-17 applicable conditions prescribed in sub- Character...... (C) n »14-15 29 F.R. 16210, as amended) l(SStd) »0-13 paragraphs (1) through (6) of this Total score____ ...... 100 This amendment shall become effec­ paragraph: tive upon publication in the F ederal (1) Small grains, such as barley, oats, Flavor and odor...... R egister and wheat, from December 1 of any year Grade______. . . . . ______(9-22-71). This amendment adds Scotch, red and through the following May 31. Austrian pine Christmas trees to the list (2) Soybeans from March 16 of any i Indicates limiting rule. of regulated articles. The Department year through the following August 31. Effective date. These grade standards, has determined that Scotch, red, and (3) Ear com, other than sweet or which are the first issue by the Depart­ Austrian pine Christmas trees are haz­ fresh market com, from April 1 of any ment for frozen cranberries, shall be­ ardous articles from the standpoint of year through the following July 31. come effective upon date of publication artificially spreading the cereal leaf (4) Hay, except marsh hay, from (9-22-71). beetle. Therefore this amendment im­ January 16 of any year through the fol­ poses restrictions that are necessary to lowing April 30. Dated: September 15,1971. prevent the dissemination of the cereal (5) Straw and marsh hay from G . R . G range, leaf beetle and this amendment should March 1 of any year through the follow­ Deputy Administrator, be made effective promptly to accomplish ing May 31. Marketing Services. its purpose in the public interest. Ac­ (6) Scotch, red, and Austrian pine Christmas trees, if moved to destinations [FR Doc.71-13871 Filed 9-21-71;8:45 am] cordingly, it is found upon good cause under the administrative procedure pro­ east of and including Indiana, Missis­ visions of 5 U.S.C. 553 that notice and sippi, Michigan (other than the Upper Chapter III— Agricultural Research other public procedure with respect to Peninsula), and portions of Kentucky this amendment are impracticable and and Tennessee east of Kentucky Lake Service, Department of Agriculture contrary to the public interest, and good and the Tennessee River, except to PART 301— DOMESTIC QUARANTINE cause is found for making it effective Florida, Vermont, and Puerto Rico: Pro­ NOTICES less than 30 days after publication in vided, That the Christmas trees are not the F ederal R egister. diverted or reshipped to points west of Subpart— Cereal Leaf Beetle this area or into Florida, Vermont, or Done at Washington, D.C., this 17th Puerto Rico. M iscellaneous A mendments day of September 1971. (Secs. 8 and 9, 37 Stat. 318, as amended, sec. Pursuant to sections 8 and 9 of the F . J. M ulhern, 106, 71 Stat. 33; 7 U.S.C. 161, 162, 150ee; 29 Plant Quarantine Act of August 20,1912, Acting Administrator, F.R. 16210, as amended) as amended, and section 106 of the Fed­ Agricultural Research Service. eral Plant Pest Act (7 U.S.C. 161, 162, This revision shall become effective 150ee), § 301.84(b) of Notice of Quaran­ [FR Doc.71-13957 Filed 9-21-71;8:53 am] upon publication in the F ederal R egis­ tine No. 84 (7 CFR 301.84(b)) relating ter (9-22-71), when it shall supersede the list of exempted articles in 7 to the cereal leaf beetle is hereby revised PART 301— DOMESTIC QUARANTINE to read as follows: CFR 301.84-2b which became effective NOTICES April 14, 1970. § 301.84 Quarantine; restrictions on in­ The purpose of this revision is to ex­ terstate movement of specified reg­ Subparf— Cereal Leaf Beetle ulated articles. empt straw and marsh hay from March 1 E xem ptions of any year through May 31 rather than ***** Under the authority of § 301.84-2 of through June 30 due to earlier harvest­ (b) Quarantine restrictions on inter­the Cereal Leaf Beetle Quarantine regu­ ing dates in portions of the regulated state movement of specified regulated lations (7 CFR 301.84-2, as amended), a area. It also exempts Scotch, red, and articles. No common carrier or other supplemental regulation exempting cer­ person shall move interstate from any tain articles from specified requirements 1 The articles hereby exempted remain sub­ quarantined State any of the following of the regulations is hereby issued to ap­ ject to applicable restrictions under other articles (defined in § 301.84-1 (m) as pear in 7 CFR 301.84-2b as set forth be­ quarantines. regulated articles), except in accordance low. The Director of the Plant Protection a Any plant is eligible for designation under Division has found that facts exist as to this subpart if the operator applies approved with the conditions prescribed in this pesticides as outlined by the inspector and subpart: the pest risk involved in the movement enters into a compliance agreement (as de­ of such articles which make it safe to re­ fined in § 301.84-1 (c) ). Information as to (1) Small grains, such as barley, oats, lieve the requirements as provided designated plants may be obtained from the and wheat, except grain sorghum. therein. inspector.

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 No. 184—Pt. I-----2 18780 RULES AND REGULATIONS

Austrian pine Christmas trees if moving regulation until 30 days after publication plication of tolerances, specified in the to certain destinations. thereof in the F ederal R egister (5 U.S.C. amended U.S. Standards for Florida Inasmuch as this document imposes 553) because the time intervening be­ Oranges and Tangelos; certain restrictions which are deemed tween the date when information upon (5) Any grapefruit, grown in the pro­ necessary to prevent the interstate spread which this regulation is based became duction ^rea, which are of a size smaller of the cereal leaf beetle, it should be available and the time when this regula­ than 3%6 inches in diameter, except that made effective promptly to accomplish tion must become effective in order to a tolerance of 10 percent, by count, of its purpose in the public interest. There­ effectuate the declared policy of the act grapefruit smaller than such minimum fore, under the administrative procedure is insufficient; a, reasonable time is per­ diameter shall be permitted, which tol­ provisions of 5 U.S.C. 553, it is found mitted, under the circumstances, for erance shall be applied in accordance upon good cause that notice and other preparation for such effective time; and with the provisions for the application of public procedure with respect to this good cause exists for making the provi­ tolerances, specified in the revised U.S. revision are impracticable and unneces­ sions hereof effective as hereinafter set Standards for Florida grapefruit; or sary, and good cause is found for making forth. Shipments, including those in ex­ (6) Any tangelos, grown in the pro­ it effective less than 30 days after pub­ port other than to Canada or Mexico, of duction area, which are of a size smaller lication in the F ederal R egister. oranges, except Navel, Temple, and Mur­ than 2%6 inches in diameter, except that cott Honey oranges, grapefruit, and a tolerance of 10 percent, by count, of Done at Hyattsville, Md., this 17th day tangelos, grown in the production area, tangelos smaller than such minimum of September 1971. are in progress or will begin in the near diameter shall be permitted, which tol­ D. R . S hepherd, future and, insofar as possible, all such erance shall be applied in accordance Director, export shipments should be subject to with the provisions for the application of Plant Protection Division. regulation in order to prevent the ship­ tolerances, specified in said amended U.S. [FR Doc,71-13958 Filed 9-21-71;8:53 am] ment of undesirable fruit; the recom­ Standards for Florida Oranges and mendation and supporting information Tangelos. for the grade and size limitation herein­ (b) Terms used in the amended mar­ Chapter IX—-Consumer and Market­ after prescribed for exports of oranges, keting agreement and order shall, when except Navel, Temple, and Murcott used herein, have the same meaning as ing Service (Marketing Agreements Honey oranges, grapefruit, and tangelos, is given to the respective term in said and Orders; Fruits, Vegetables, other than to Canada or Mexico, were amended marketing agreement and Nuts), Department of Agriculture promptly submitted to the Department order; and terms relating to grade and [Export Reg. 19] after an open meeting of the Growers diameter as used herein, shall have the Administrative Committee on Septem­ same meaning as is given to the respec­ PART 905— ORANGES, GRAPEFRUIT, ber 9, 1971; such meeting was held to tive terms in the revised U.S. Standards consider recommendations for regula­ TANGERINES, AND TANGELOS for Florida Grapefruit (7 CFR 51.750- tion of exports, after giving due notice 51.783), or the U.S. Standards for Flor­ GROWN IN FLORIDA of such meeting, and interested persons ida Oranges and Tangelos (7 CFR Limitation of Export Shipments were afforded an opportunity to submit ✓ 51.1140-51.1178). their views at this meeting; the provi­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Findings. (1) Pursuant to the market­ sions of this regulation, including the 601-674) ing agreement, as amended, and Order effective time hereof, are identical with No. 905, as amended (7 CFR Part 905) the aforesaid recommendation of the Dated: September 17, 1971. regulating the handling of oranges, committee and information concerning P aul A. N icholson, grapefruit, tangerines, and tángelos such provisions and effective time has Deputy Director, Fruit and Veg­ grown in Florida, effective under the ap­ been disseminated among handlers of etable Division, Consumer and plicable provisions of the Agricultural such fruit; it is necessary, in order to Marketing Service. Marketing Agreement Act of 1937, as effectuate the declared policy of the act, amended (7 U.S.C. 601-674), and upon to make this regulation effective during [FR Doc.71-13945 Filed 9-21-71;8:51 am] the basis of the recommendations of the the period hereinafter set forth; and committees established under the afore­ compliance with this regulation will not PART 931— FRESH BARTLETT PEARS said amended marketing agreement and require any special preparation on the GROWN IN OREGON AND WASH­ order, and upon other available informa­ part of persons subject thereto which tion, it is hereby found that the limita­ cannot be completed by the effective time INGTON tion of exports of oranges, except Navel, hereof. Expenses and Rate of Assessment and Temple, and Murcott Honey oranges, grapefruit, and tángelos, as hereinafter § 905.534 Export Regulation 19. Carryover of Unexpended Funds provided, will tend to effectuate the de­ (a) Order. During the period Septem­ On August 26, 1971, notice of proposed clared policy of the act. ber 23, 1971, through October 17, 1971, rule making was published in the F ed­ (2) The regulation hereinafter set no handler shall ship to any destination eral R egister (36 F .R . 16933) regarding forth prescribes the minimum grade and outside the continental United States, proposed expenses and the related rate size requirements applicable to shipments other than to Canada or Mexico: of assessment for the fiscal period in export of oranges, other than Navel, (1) Any oranges, other than Navel, July 1, 1971, through June 30, 1972, and Temple, and Murcott Honey oranges, Temple, and Murcott Honey oranges, approval of carryover of unexpended grapefruit, and tángelos. Such regula­ grown in the production area, which do funds from the fiscal period ended tion is consistent with the recommenda­ not grade at least U.S. No. 1 ; June 30,1971, pursuant to the marketing tions of the Growers Administrative (2) Any grapefruit, grown in the pro­ agreement and Order No. 931 (7 CFR Committee and Shippers Advisory Com­ duction area, which do not grade at least Part 931) regulating the handling of mittee functioning under the amended Improved No. 2 ; fresh Bartlett pears grown in Oregon and marketing agreement and order, and is (3) Any tangelos, grown in the pro­ Washington. This notice allowed inter­ necessary to assure the exportation of duction area, which do not grade at least ested persons 10 days during which they good quality fruit consistent with (1) the U.S. No. 1; could submit written data, views, or available supply of and demand for such (4) Any oranges, except Navel, Tem­ arguments pertaining to these proposals. fruits in the export markets, and (2) im­ ple, and Murcott Honey oranges, grown None Were submitted. This regulatory proving returns to producers pursuant to in the production area, which are of a program is effective under the Agricul­ the declared policy of the act. size smaller than 2%e inches in diameter, tural Marketing Agreement Act of 1937, (3) It is hereby found that it is im­ except that a tolerance of 10 percent, by practicable and contrary to the public count, of oranges smaller than such as amended (7 U.S.C. 601-674). After interest to give preliminary notice, en­ minimum diameter shall be permitted, consideration of all relevant matters pre­ gage in public rule making procedure, which tolerance shall be applied in ac­ sented, including the proposals set forth and postpone the effective date of this cordance with the provisions for the ap­ in such notice which were submitted by

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 RULES AND REGULATIONS 18781 the Northwest Fresh Bartlett Pear Mar­ proposal. None were submitted within After consideration of all relevant keting Committee (established pursuant the prescribed time. matter presented, including that in the to said marketing agreement and order), After consideration of all relevant notice, the information and recommen­ it is hereby found and determined that: matter presented, including that in the dations submitted by the Hop Adminis­ notice, the information and recommen­ trative Committee, and other available § 931.206 Expenses, rate of assessment, dation submitted by the Control Board, information, it is found that the expenses and carryover of unexpended funds. and other available information, it is of the Hop Administrative Committee (a) Expenses. Expenses that are rea­ found that the expenses of the Control and rate of assessment for the marketing sonable and likely to be incurred by the Board and rate of assessment for the year beginning August 1,1971, shall be as Northwest Fresh Bartlett Pear Market­ crop year beginning July 1, 1971 shall be follows: ing Committee during the fiscal period as follows: § 991.306 Expenses of the Hop Admin­ July 1, 1971, through June 30, 1972, will § 981.321 Expenses of the Control istrative Committee and raté of as­ amount to $17,300. Board and rate of assessment for the sessment for the 1971—72 marketing (b) Rate of assessment. The rate of 1971—72 crop year. year. assessment for said period, payable by each handler in accordance with (a) Expenses. Expenses in the a m o u n t (a) Expenses. Expenses in the amount § 931.41, is fixed at $0.01 per standard of $115,000 are reasonable and likely to of $152,745 are reasonable and likely to western pear box of pears, or an equiv­ be incurred by the Control Board during be incurred by the Hop Administrative alent quantity of pears in other con­ the crop year beginning July 1, 1971, for Committee during the marketing year tainers or in bulk. its maintenance and functioning and for beginning August 1, 1971, for its mainte­ (c) Reserve. Unexpended assessment such purposes as the Secretary may, pur­ nance and functioning and for such pur­ funds, in excess of expenses incurred suant to the provisions of this part, poses as the Secretary may, pursuant to during the fiscal period ended June 30, determine to be appropriate. the provisions of this part, determine to 1971, be carried over as a reserve in ac­ (b) Rate of assessment. The rate of be appropriate. cordance with the applicable provisions assessment for said crop year, payable (b) Rate of assessment. The rate of of § 931.42 of said marketing agreement by each handler in accordance with assessment for said marketing year, pay­ and order. § 981.81, is fixed at 0.09 cent per pound able by each handler in accordance with of almonds (kernel weight basis). § 991.56, is fixed at 0.325 cent per pound It is hereby further found that good of salable hops. cause exists for not postponing the ef­ It is further found that good cause fective date hereof until 30 days after exists for not postponing the effective It is further found that good cause publication in the F ederal R egister (5 time of this action until 30 days after exists for not postponing the effective U.S.C. 553) in that (1) shipments of the publication in the F ederal R egister (5 time of this action until 30 days after current crop of Bartlett pears grown in U.S.C. 553) in that: (1) The révélant publication in the F ederal R egister (5 Oregon and Washington are now being provisions of said marketing agreement U.S.C. 553) in that: (1) The relevant made; (2) the relevant provisions of said and this part require that the rate of provisions of the amended marketing marketing agreement and this part re­ assessment fixed for a particular crop order require that the rate of assessment quire that the rate of assessment herein year shall be applicable to all almonds fixed for a particular marketing year fixed shall be applicable to all assessable received by handlers for their own ac­ shall be applicable to all salable hops pears handled during the aforesaid pe­ counts during such crop year; and (2) handled during such year; and (2) the riod; and (3) such period began on the current crop year began July 1,1971, current marketing year began on Au­ July 1, 1971, and said rate of assessment and the rate of assessment herein fixed gust 1, 1971, and the rate of assessment will automatically apply to all such will automatically apply to all such al­ herein fixed will automatically apply to pears beginning with such date. monds beginning with that date. all such hops beginning with that date. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) 601-674) 601-674) Dated: September 16, 1971. Dated; September 16,1971. Dated: September 16,1971. P aul A. Nicholson, P aul A. N icholson, P aul A. N icholson, Deputy Director, Fruit and Deputy Director, Fruit and Veg­ Deputy Director, Fruit and Vegetable Division, Consumer etable Division, Consumer Vegetable Division, Consumer and Marketing Service. and Marketing Service. and Marketing Service. [FR Doc.71-13905 Filed 9-21-71;8:48 am] [FR Doc.71-13906 Filed 9-21-71;8:48 am] [FR Doc.71-13907 Filed 9-21-71;8:48 am]

PART 981— ALMONDS GROWN IN PART 991— HOPS OF DOMESTIC PART 999— SPECIALTY CROPS; CALIFORNIA PRODUCTION IMPORT REGULATIONS Expenses of the Almond Control Expenses of the Hop Administrative Regulation Governing the Importation Board and Rate of Assessment for Committee and Rate of Assessment of Prunes the 1971—72 Crop Year for the 1971—72 Marketing Year Notice was published in the June 15, Notice was published in the August 26, Notice was published in the August 26, 1971, issue of the F ederal R egister (36 1971, issue of the F ederal R egister (36 1971, issue of the F ederal R egister (36 F.R. 11519) regarding a proposal by the F.R. 16933) regarding proposed expenses F.R. 16933) regarding proposed expenses Department as to grade, size, and other of the Almond Control Board for the of the Hop Administrative Committee for requirements, governing the importation 1971-72 crop year and rate of assessment the 1971-72 marketing year and rate of of primes, pursuant to section 8e (7 for that crop year, pursuant to §§ 981.80 assessment for that marketing year, pur­ U.S.C. 608e-l) of the Agricultural Mar­ and 981.81 of the marketing agreement, suant to §§ 991.55 and 991.56 of Market­ keting Agreement Act of 1937, as as amended, and Order No. 981, as ing Order No. 991, as amended (7 CFR amended (7 U.S.C. 601-674), hereinafter amended (7 CFR Part 981), regulating Part 991), regulating the handling of referred to as the “act.” the handling of almonds grown in Cali­ hops of domestic production. The The notice afforded interested persons fornia. The amended marketing agree­ amended order is effective under the Ag­ an opportunity to submit written data, views, or arguments with respect to the ment and order are effective under the ricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674). proposal, and two such comments were Agricultural Marketing Agreement Act The notice afforded interested persons received. of 1937, as amended (7 U.S.C. 601-674). an opportunity to submit written data, Section 8e of the act provides, in part, The notice afforded interested persons views, or arguments with respect to the that whenever a marketing order issued an opportunity to submit written data, proposal. None were submitted within the by the Secretary of Agriculture pursuant views, or arguments with respect to the prescribed time. to section 8c of the act (7 U.S.C. 608c)

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18782 RULES AND REGULATIONS contains any terms or conditions regu­ prunes to be imported and that a com­ pursuant to Order No. 993, as amended lating the grade, size, quality, or matu­ parable size restriction is established for (Part 993 of this chapter), regulating rity of primes produced in the United prunes to be imported. the handling of dried prunes produced States, the importation of prunes into It is, therefore, ordered, That, on and in California, and the size requirement is the United States during the period of after the effective time hereof the im­ determined to be comparable to that time such order is in effect shall be pro­ portation of prunes into the United established under said Order No. 993, as hibited unless such commodity complies States shall be subject to, and in ac­ amended. In determining whether any with the grade, size, quality, and matu­ cordance with, the provisions of § 999.200 lot conforms to the size requirement, the rity provisions of such order or compara­ which reads as follows: following tolerance shall apply: In a ble restrictions promulgated under said § 999.200 Regulation governing the im­ sample of 100 ounces, the count per section 8e. Order No. 993, as amended portation of prunes. pound of 10 ounces of smallest prunes (7 CFR Part 993), regulating the han­ may not vary from the count per pound dling of dried prunes produced in Cali­ (a) Definitions. (1) “Prunes” means of 10 ounces of the largest prunes by fornia (hereinafter referred to as the and includes all sun-dried or artificially more than 45 points. “marketing order”) , prescribes grade dehydrated plums, of any type or vari­ (2) Any person may import any lot of and size provisions for such prunes. ety, produced from plums, except: (i) prunes into the United States for use in Under the marketing order, prunes Sulfur-bleached prunes which are pro­ human consumption outlets as prune meeting the effective grade and size re­ duced from yellow varieties of plums and products in which the prunes lose their quirements pursuant thereto are desig­ are commonly known as silver plums; form and character as prunes by conver­ nated standard prunes and may be used and (ii) plums which have not been dried sion prior to consumption if the prunes for any purpose. Prunes which fail to or dehydrated to a point where they are are inspected and an inspection certifi­ meet these requirements are designated capable of being stored prior to packag­ cate issued with respect thereto, and the substandard prunes and are permitted ing, without material deterioration or lot meets the grade requirements set for use in human consumption outlets as spoilage unless refrigeration or other forth in paragraph C. (1), (2), and (3) prune products in which the prunes lose artificial means of preservation are used, of exhibit A of this section, and the im­ their form and character as primes by and so long as they are treated by a porter first files as a condition of Such conversion prior to consumption, or for process which is in conformity with, or importation an executed “Prune Form use in nonhuman consumption outlets. generally similar to, the processes for No. 1 Prunes—Section 8e Entry However, substandard prunes for dis­ treatment of plums of that type which Declaration.” position in the human consumption out­ have been developed or recommended (c) Inspection and certification re­ lets must be within the maximum toler­ by the Food Technology Division, Col­ quirements— (1) Inspection. Inspection ances specified for certain defects (i.e., lege of Agriculture, University of Cali­ shall be performed by a USDA inspector mold, imbedded dirt, insect infestation, fornia, for the specialty pack known as in accordance with the regulations gov­ and decay). “high moisture content prunes”, but this erning inspection and certification of The size restrictions pursuant to the exception shall not apply if and when processed fruits and vegetables, proc­ marketing order are for varieties of such plums are dried to the point where essed products thereof, and certain other prunes defined therein as French prunes they are capable of being stored without processed food products (Part 52 of this and for varieties of prunes defined as material deterioration or spoilage, re­ title). The cost of each such inspection non-French prunes. Imported prunes frigeration or other artificial means of and related certification shall be borne generally have been small in size; and it preservation. by the applicant. is expected that prunes to be imported (2) “Standard prunes” means any lot (2) Certification. Each lot of prunes would continue to be of small sizes. The of prunes meeting the grade and size inspected in accordance with subpara­ size of prunes to be imported would be requirements prescribed in paragraph graph (1) of this paragraph shall be more characteristic of those varieties de­ (b) (1) of this section. covered by an inspection certificate. Each fined in the marketing order as French (3) “Manufacturing grade substand­ such certificate shall set forth, among prunes, rather than of those varieties de­ ard prunes” means any lot of prunes other things, the following: fined as non-French prunes. Conse­ which meets the grade requirements pre­ (i) The date and place of inspection. quently, the application of the respective scribed in paragraph (b) (2) of this sec­ (ii) The name of the applicant. size restrictions under the marketing tion but fails to meet the requirements (iii) The quantity and identifying order to prunes to be imported would for standard prunes. marks of the lot inspected. not be practicable because of such vari­ (4) “Size” means the number of (iv) The statement, as applicable: ation. Therefore, a comparable size re­ prunes contained in a pound. “Meets U.S. import requirements for striction shduld be established for im­ (5) “Person” means any individual, standard prunes under section 8e of the ported prunes. The size restriction under partnership, corporation, association, or AMA Act of 1937”; “Meets U.S. import the marketing order with respect to other business unit. requirements for manufacturing grade French primes should be established for (6) “Fruit and Vegetable Division” substandard prunes under section 8e of all imported prunes as a comparable size means the Fruit and Vegetable Division the AMA Act of 1937”; or “Fails to meet restriction. As to a grade restriction for of the Consumer and Marketing Service, U.S. import requirements for prunes imported prunes, that in effect pursuant U.S. Department of Agriculture, Wash­ under section 8e of the AMA Act of 1937”. to the marketing order should apply to ington, D.C. 20250. (v) If the lot fails to meet the import imported prunes. (7) “USDA inspector” means an in­ requirements, a statement of the reason For administration and compliance spector of the Processed Products Stand­ therefor. purposes, provisions pertaining to the ardization and Inspection Branch, Fruit (d) Exemptions. Notwithstanding any importation of prunes should be included and Vegetable Division, or any other duly other provisions of this section, the im­ and cover inspection and certification, authorized employee of the USDA. portation of any lot of prunes which in exemptions, specified entry declarations, (8) “Importation” means release from the aggregate does not exceed 150 certification forms, filing and retention custody of the U.S. Bureau of Customs. pounds, net weight, and any prunes that of certifications, and books and records. (b) Grade and size requirements. (1) are so denatured as to render them unfit After consideration of all relevant mat­ Except as provided in subparagraph (2) for human consumption shall be exempt ter presented, including that in the no­ of this paragraph or paragraph (d) of from the requirements of this section. tice, the written comments received pur­ this section, no person may import any (e) Additional requirements—(1) suant to the notice, and other available lot of prunes into the United States General. Prior to importation of any information, it is hereby found that the unless the prunes are inspected and an prunes, the person importing such grade restriction in effect pursuant to the inspection certificate issued with respect prunes shall file an inspection certificate marketing order shall apply to prunes to thereto, and the lot meets the applicable with the Collector of Customs at the port be imported, and that the application grade requirements specified in exhibit A at which the customs entry is filed. In of the size restrictions under the market­ of this section and the average count addition, if such prunes are manufactur­ ing order to such prunes is not prac­ (i.e., number) of the prunes in such lot ing grade substandard prunes, such per­ ticable because of variations in size char­ is 100 or less per pound. Such grade re­ son shall also file with the Collector of acteristics between domestic prunes and quirements are the same as those in effect Customs an executed “Prunes—Section FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 RULES AND REGULATIONS 18783

8e Entry Declaration,” prescribed in sub- Number of containers Total net weight (lbs.) acteristic of mature, properly handled fruit of a given variety or type. paragraph (2) of this paragraph as (2) “Inferior meat condition” means flesh Prune Form No. 1. Promptly after such which is fibrous, woody, or otherwise inferior filing, such person shall transmit a copy due to immaturity to the extent that the of this form to the Fruit and Vegetable characteristic texture of the meat is sub­ Division. No person may import, sell, or stantially affected. use any manufacturing grade substand­ (3) “End cracks” means callous growth ard prunes other than for use as set cracks, at the blossom end of prunes, aggre­ forth in paragraph (b) (2) of this sec­ gating more than three-eighths of one inch tion. Each person importing manufac­ Dated:...... -...... (%”) but not more than one-half of one Name of firm:...... -...... -...... - inch (%") in length. turing grade substandard primes shall Address:...... — (4) “Fermentation” means damage to the obtain from each purchaser, no later Signature:...... flesh by fermentation to the extent that the than the time of delivery to such pur­ Title:...... -...... characteristic appearance or flavor is «sub­ chaser, and file with the Fruit and Vege­ (4) Manufacturing Grade Substand­stantially affected. table Division not later than the 5th day ard Prune—sale by other than importer. (5) “Skin or flesh damage” means growth of the month following the month in Each wholesaler or other reseller of man­ cracks, splits, breaks in skin or flesh of the following descriptions: which the prunes were delivered, an ufacturing grade substandard prunes (a) Callous growth cracks, except end executed “Primes—Section 8e Certifica­ should, for his protection, obtain from cracks as defined in this section, aggregating tion of Processor or Reseller,” prescribed each purchaser and hold in his files an more than three-eighths of one inch (%'') in subparagraph (3) of this paragraph executed Prune Form No. 2 covering each in length; as Prune Form No. 2. One copy of this sale during the calendar year. (b) Splits or skin breaks exposing flesh executed form shall be retained by the (f) Reconditioning. Nothing contained and materially affecting the normal appear­ importer and one copy shall be retained in this section shall preclude the recon­ ance of the prunes; by the purchaser. (c) Any cracks, splits, or breaks open to ditioning of failing lots of prunes, prior the pit; (2) Prune Form No. 1. The following to importation, so that such prunes may (d) Healed or unhealed surface or flesh is prescribed as Prune Form No. 1: be made eligible to meet the grade re­ blemishes caused by insect injury and which P rune F orm N o. 1 quirements prescribed pursuant to para­ materially affect appearance, edibility or graph (b) (1) or (2) of this section. keeping quality. PRUNES—SECTION 86 ENTRY DECLARATION (g) Books and records. Each person (6) “Scab” means tough or thick scab ex­ I certify to the TJ.S. Department of Agriculture and ceeding in the aggregate the area of a circle the Bureau of Customs that none of the manufacturing subject to this section shall maintain true three-eighths of one inch (%") in diameter grade substandard prunes being imported and which are and complete records of his transactions identified below will be used other than in manufacturing or by unsightly scab of another character in which the prunes lose their form and identity as with respect to imported prunes. Such exceeding in the aggregate the area of a cir­ prunes. records and copies of executed forms cle three-fourths of one inch (%") in 1. »Tame of v e s s e l : ______shall be retained for not less than 2 years diameter. 2. Country of origin of prunes:______subsequent to the calendar year of acqui­ (7) “Burned” means injury by sunburn or 3. Date of arrival:______sition. The Secretary, through his duly excessive heat in dehydration to the extent 4. City of arrival:______.... that the characteristic appearance, flavor or 5. Unloading pier:______authorized representatives, shall have ac­ 6. Substandard Prunes Entered:______edibility of the fruit is noticeably affected. cess to any such person’s premises during (8) “Mold” means a characteristic fungus Lot or chop Number of Total net regular business hours and shall be per­ growth and is self-explanatory. mark containert w eight-{lbs.) mitted at any such times to inspect such (9) “Imbedded dirt” means the presence records and any prunes held by such of dirt or other extraneous material so im­ person. bedded in, or adhering to, the prune that it (h) Other restrictions. The provisions cannot readily be removed in washing the fruit. of this section do not supersede any re­ (10) “Insect infestation” means the pres­ strictions or prohibitions on the importa­ ence of insects, insect fragments or insect tion of primes under the Plant Quaran­ remains. tine Act of 1912, the Federal Food, Drug C. Maximum tolerances. Tolerance allow­ and Cosmetic Act, or any other appli­ ances shall be on a weight basis and shall not I agree to obtain from each person to whom any of the cable laws or regulations or the need to exceed the following: manufacturing grade substandard prunes listed under comply with applicable food and sanitary (1) There shall be no tolerance allowance item 6 are delivered, an executed Prune Form No. 2 for live insect infestation. (Prunes—Section 8e Certification of Processor or Re­ regulations of city, county. State, or Fed­ (2) The tolerance allowance for decay seller) and to file the same with the Fruit and Vegetable eral agencies. Division, Consumer and Marketing Service, U.S. De­ shall not exceed one percent (1%). partment -of Agriculture, Washington, D.C. 20250, not (i) Compliance. Any person who vio­ (3) The combined tolerance allowance for later than the 5th day of the month following the month lates any provision of this section shall mold, imbedded dirt, insect infestation, and in which the prunes were delivered. be subject to a forfeiture in the amount decay shall not exceed five percent (5%) . Dated:...... prescribed in section 8a(5) of the Agri­ (4) The combined tolerance allowance for Name of firm:______fermentation, skin or flesh damage, scab, Address:______3___-IIII” cultural Marketing Agreement Act of burned, mold, imbedded dirt, insect infesta­ Signature:-...... ’ 1937, as amended (secs. 1-19, 48 Stat. Title:...... tion, and decay shall not exceed eight percent 31, as amended; 7 U.S.C. 601-674), or, (8 %). (3) Prune Form No. 2. The following upon conviction, a penalty in the amount (5) The combined tolerance allowance for is prescribed as Prune Form No. 2: prescribed in section 8c (14) of said act, end cracks, fermentation, skin or flesh dam­ or to both such forfeiture and penalty. age, scab, burned, mold, imbedded dirt, in­ Prune Form No. 2 False representations to an agency of sect infestation, and decay shall not exceed ten percent (10%), except that the first PRUNES—SECTION 8e CERTIFICATION OF PROCESSOR OR the United States on any matter within RESELLER eight percent (8%) of end cracks shall be its jurisdiction, knowing it to be false, is given one-half value and any additional I hereby certify to the U.S. Department of Agriculture a violation of 18 U.S.C. 1001 which pro­ percentage of end cracks shall be given full mat _ I have acquired the manufacturing grade sub­ standard prunes covered by this certification; that I will vides for a fine or imprisonment or both. value. iKe or sell them for use only in manufacturing in which Exhibit A (6) The combined tolerance allowance for the prunes lose their form and identity as prunes as off-color, inferior meat condition, end cracks, Permitted by the Regulation Governing the Importation GRADE REQ U IREM EN TS of Prunes (7 CFR 999.200); and that I am: (check one or fermentation, skin or flesh damage, scab, both if applicable) A. Defects. Defects are: (1) Off-color; (2) burned, mold, imbedded dirt, insect infestar inferior meat condition; (3) end cracks; (4) tion, and decay shall not exceed fifteen per­ ...... processor (user of prunes for manufacturing). fermentation; (5) skin or flesh damage; (6) cent (15%), except that the first eight per­ -...... reseller (dealer in prunes for manufacturing). scab; (7) burned; (8) mold; (9) imbedded cent (8%) of end cracks shall be given one- dirt; (10) insect infestation; (11) decay. half value and any additional percentage of 1. Date of purchase:...______.... ______B. Explanation of terms. (1) “Off-color” end cracks shall be given full value. « vr306 °* Phrobose:______o. Name and address of importer or seller:______means a dull color or skin differing notice­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 4. Primes acquired:______ably in appearance from that which is char- 601-674)

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18784 RULES AND REGULATIONS

No te: The reporting and/or recordkeeping be fixed by the following factors, which­ and the amendment to § 245.2(a) (2) is requirements contained herein have been ever is the earliest: (i) The priority date clarifying in nature. approved by the Office of Management and Budget in accordance with the Federal Re­ accorded the applicant by the consular Dated: September 16,1971. ports Act of 1942. officer as a nonpreference immigrant; (ii) the date on which Form 1-485 is filed R aymond F . F arrell, Dated September 16, 1971, to become if the applicant establishes that he is a Commissioner of effective 30 days after publication in the member of a profession or a person with Immigration and Naturalization. F ederal R egister. exceptional ability in the sciences or arts [FR Doc.71-13924 Filed 9-21-71:8:50 am] F loyd F . H edlund, not included in Schedule A (29 CFR Part Director, Fruit and 60 X provided a certification is issued on Vegetable Division. that basis, or that he is within the De­ partment of Labor’s Schedule A (29 CFR Title 9— ANIMALS AND (FR Doc.71-13962 Filed 9-21-71;8:52 am] Part 60), or that the provisions of sec­ tion 212(a) (14) of the Act do not apply to him; or (iii) the date on which an ap­ ANIMAL PRODUCTS Title 8— ALIENS AND proved valid third or sixth preference Chapter I— Agricultural Research visa petition in his behalf was filed; or Service, Department of Agriculture NATIONALITY (iv) the date an application for certifi­ Chapter I— Immigration and Natural­ cation based on a job offer was accepted SUBCHAPTER C— INTERSTATE TRANSPORTATION OF ANIMALS AND POULTRY ization Service, Department of Justice for processing by any office within the employment service system of the De­ PART' 78— BRUCELLOSIS PART 238— CONTRACTS WITH partment of Labor, provided the certifi­ Subpart D— Designation of Modified TRANSPORTATION LINES cation applied for was issued. A non­ preference priority date, once established, Certified Brucellosis Areas, Public PART 245— ADJUSTMENT OF STATUS is retained by the alien even though at Stockyards, Specifically Approved TO THAT OF PERSON ADMITTED the time a visa number becomes avail­ Stockyards, and Slaughtering FOR PERMANENT RESIDENCE able and he is allotted a nonpreference visa number he meets the provisions of Establishments Miscellaneous Amendments section 212(a) (14) of the Act by some M odified Certified B rucellosis A reas means other than that by which he The following amendments to Chap­ originally established entitlement to the Pursuant to § 78.16 of the regulations ter I of Title 8 of the Code of Federal in Part 78, as amended, Title 9, Code of nonpreference priority date. Federal Regulations, containing restric­ Regulations are hereby prescribed: 2. Subparagraph (2) Filing applica­ The listing of transportation lines un­ tions on the interstate movement of ani­ tion of paragraph (a) General of § 245.2 mals because of brucellosis, under sec­ der “At Winnipeg” in § 238.4 Preinspec­ Application is amended by adding the fol­ tion outside the United States is amended tions 4, 5, and 13 of the Act of May 29, lowing two sentences between the existing 1884, as amended; sections 1 and 2 of by adding the following transportation fourth and fifth sentences thereof: “An line in alphabetical sequence: “Holiday the Act of February 2,1903, as amended; application for adjustment of status un­ and section 3 of the Act of March 3,1905, Air of America.” der section 245 of the Act as a nonprefer­ 1. Paragraph (g) of § 245.1 is amended as amended (21 U.S.C. 111-113, 114a-l, to read as follows: ence alien shall not be considered prop­ 120, 121, 125), § 78.13 of said regulations erly filed unless the applicant establishes designating Modified Certified Brucel­ § 245.1 Eligibility. that he is entitled to a priority date for losis Areas is hereby amended to read • * * * * allotment of a nonpreference visa num­ as follows: (g) Availability of immigrant visas ber in accordance with § 245.1(g) (2) and that a visa is immediately available § 78.13 Modified Certified Brucellosis under section 245 and priority dates—(1) Areas. Availability of immigrant visas under within the contemplation of § 245.1(g) section 245. If the applicant for adjust­ (1). A nonpreference alien for whom a The following States, or specified por­ ment of status under section 245 of the visa is not immediately available may not tions thereof, are hereby designated as Act is a preference or nonpreference file an application for adjustment of Modified Certified Brucellosis Areas: alien, the current Department of State status, but may seek to establish a non­ Alabama. The entire State; Visa Office Bulletin on Availability of preference priority date through an ap­ Alaska. The entire State; Immigrant Visa Numbers will be con­ plication for an ¿immigrant visa at a Arizona. The entire State; sulted to determine whether an immi­ United States consular office.” Arkansas. The entire State. grant visa is immediately available. An 3. Subparagraph (4) Decision of para­ California. The entire State; graph (a) General of § 245.2 Application Colorado. The entire State; immigrant visa is considered available Connecticut. The entire State; for accepting and processing the appli­ is amended by adding the following sen­ Delaware. The entire State; cation Form 1-485 if the applicant has a tence at the end thereof: “An applica­ Florida. The entire State; priority date on the waiting list which tion for adjustment of status under sec­ Georgia. The entire State; is not more than 90 days later than the tion 245 of the Act as a preference or Hawaii. The entire State; date shown in the Bulletin or the Bulle­ nonpreference alien shall not be ap­ Idaho. The entire State; tin shows that numbers for visa appli­ proved until an immigrant visa number Illinois. The entire State; has been allocated by the Department of Indiana. The entire State; cants in this category are current. Infor­ Iowa. The entire State; mation as to the immediate availability State.” Kansas. The entire State; of an immigrant visa may be obtained (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) K entucky. The entire State; at the nearest Service office. This order shall be effective on the date Louisiana. The entire State; (2) Priority dates. The priority date of Maine. The entire State; of its publication in the F ederal R egister Maryland. The entire State; an applicant who is seeking the allot­ (9-22-71). Compliance with the provi­ Massachusetts. The entire State; ment of an immigrant visa number un­ sions of section 553 of Title 5 of the Michigan. The entire State; der one of the first six preference classes United States Code (80 Stat. 383), as to Minnesota. The entire State; specified in section 203(a) of the Act notice of proposed rule making and de­ Mississippi. Adams, Alcorn, Amite, Attala, by virtue of a valid visa petition approved layed effective date, is unnecessary in Benton, Bolivar, Calhoun, Carroll, Chicka­ in his behalf shall be fixed by the date this instance and would serve no useful saw, Choctaw, Claiborne, Clarke, Clay, Coa­ on which such approved petition was homa, Copiah, Covington, De Soto, Forrest, purpose because the amendment to Franklin, George, Greene, Grenada, Hancock, filed. The priority date of an applicant § 238.4 adds a transportation line to the Harrison, Hinds, Holmes, Humphreys, Issa­ who is seeking the allotment of a non­ listing; the amendments to §§ 245.1(g) quena, Itawamba, Jackson, Jasper, Jefferson, preference immigrant visa number shall and 245.2(a)(4) are editorial in nature; Jefferson Davis, Jones, Kemper, Lafayette,

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 RULES AND REGULATIONS 18785

Lamar, Lauderdale, Lawrence, Leake, Lee, (Secs. 4, 5, 23 Stat. 32, as amended; secs. shall be deemed to be approved 45 days Lowndes, Madison, Marion, Marshall, Mon­ 1, 2, 32, Stat. 791-792, as amended; sec. 3, after the company has been informed by roe, Montgomery, Neshoba, Newton, Noxu­ 33 Stat. 1265, as amended; sec. 2, 65 Stat. bee, Oktibbeha, Panola, Pearl River, Perry, 693; 21 U.S.C. 111-113, 114a-l, 120, 121, 125; its Reserve Bank that said application Pike, Pontotoc, Prentiss, Quitman, Rankin, 21 FR. 16210, as amended, 9 CFR 78.16) has been accepted, unless the company is Scott, Sharkey, Simpson, Smith, Stone, Sun­ notified to the contrary within that time flower, Tallahatchie, Tajte, Tippah, Tisho­ Effective date. The foregoing amend­ or is granted approval at an earlier mingo, Tunica, Union, Walthall, Warren, ment shall become effective upon publi­ date.” Washington, Wayne, Webster, Wilkinson, cation in the F ederal R egister (9-22-71). This correction is designed to clarify Winston, Yalobusha, and Yazoo Counties; The amendment adds the following ad­ that, under section 11(b) of the Bank Missouri. The entire State; ditional area to the list of areas desig­ Holding Company Act, the Attorney Montana. The entire State; nated as Modified Certified Brucellosis Nebraska. The entire State; General in most circumstances has until Nevada. The entire State; Areas because it has been determined the 30th day after the 45-day period New Hampshire. The entire State; that such an area comes within the defi­ referred to above in which to initiate any New Jersey. The entire State; nition of §78.1(i): La Salle County in action under the antitrust laws with New Mexico. The entire State; Texas. respect to the holding company's acquisi­ New York. The entire State; The ámendment deletes the following tion of the bank involved. North Carolina. The entire State; areas from the list of areas designated as Board of Governors of the Federal North Dakota. The entire State; Modified Certified Brucellosis Areas be­ Reserve System, September 14,1971. Ohio. The entire State; cause it has been determined that such Oklahoma. The entire State; areas no longer come within the defini­ [ seal ] T ynan S m ith , Oregon. The entire State; Secretary. Pennsylvania. The entire State; tion of § 78.1 (i) ; Leflore and Lincoln Rhode Island. The entire State; Counties in Mississippi. [FR Doc.71-13884 Filed 9-21-71;8:46 am] South Carolina. The entire State; The amendment imposes certain re­ South Dakota. The entire State; strictions necessary to prevent the spread Tennessee. The entire State. of brucellosis in cattle and relieves cer­ Texas. Anderson, Andrews, Angelina, tain restrictions presently imposed. It Title 14— AERONAUTICS Aransas, Archer, Armstrong, Atascosa, Austin, should be made effective promptly in or­ Bailey, Bandera, Bastrop, Baylor, Bee, Bell, der to accomplish its purpose in the pub­ Bexar, Blanco, Borden, Bosque, Bowie, Brazos, AND SPACE Brewster, Briscoe, Brooks, Brown, Burleson, lic interest and to be of maximum bene­ Burnet, Caldwell, Calhoun, Callahan, Cam­ fit to persons subject to the restrictions Chapter I— Federal Aviation Adminis­ eron, Camp, Carson, Case, Castro, Chambers, which are relieved. Accordingly, under tration, Department of Transportation Cherokee, Childress, Clay, Cochran, Coke, the administrative procedures provisions Coleman, Collin, Collingsworth, Colorado, of 5 U.S.C. 553, it is found upon good [Docket No. 11418; Arndt. 39-1297] Comal, Comanche, Comcho, Cooke, Coryell, cause that notice and other public pro­ PART 39— AIRWORTHINESS Cottle, Crane, Crockett, Crosby, Culberson, cedure with respect to the amendment Dallam, Dallas, Dawson, Deaf Smith, Delta, DIRECTIVES Denton, De Witt, Dickens, Dimmit, Donley, are impracticable, unnecessary, and con­ Duval, Eastland, Ector, Edwards, Ellis, El trary to the public interest, and good British Aircraft Corporation Model Paso, Erath, Falls, Fannin, Fayette, Fisher, cause is found for making the amend­ Viscount 810 Airplanes Floyd, Foard, Franklin, Freestone, Frio, ment effective less that 30 days after pub­ Gaines, Galveston, Garza, Gillespie, Glass­ lication in the F ederal R egister. Pursuant to the authority delegated to cock, Goliad, Gray, Grayson, Gregg, Grimes, me by the Administrator, an airworthi­ Guadalupe, Hale, Hall, Hamilton, Hansford, Done at Washington, D.C., this 17th ness directive was adopted on August 13, Hardeman, Hardin, Harrison, Hartley, day of September 1971. 1971, and made effective immediately Haskell, Hays, Hemphill, Henderson, Hidalgo, R . S. S harman, upon receipt as to all known U.S. opera­ Hill, Hockley, Hood, Hopkins, Houston, tors of British Aircraft Corp. Model Vis­ Howard, Hudspeth, Hunt, Hutchinson, Irion, Director, Animal Health Divi­ Jack, Jackson, Jasper, Jeff Davis, Jefferson, sion, Agricultural Research count 810 airplanes. The directive re­ Jim Hogg, Jim Wells, Johnson, Jones, Karnes, Service. quires inspection of the rear pressure Kaufman, Kendell, Kent, Kerr, Kimble, King, [FR Doc.71-13956 Filed 9-21-71;8:52 am] bulkhead boundary member for cracks, Kinney, Knox, La Salle, Lamar, Lamb, using an X-ray radiographic method be­ Lampasas, Lavaca, Lee, Leon, Liberty, Lime­ cause the design of the Model 810 bound­ stone, Lipscomb, Live Oak, Llano, Loving, ary member precludes discovery of Lubbock, Lynn, McCulloch, McLennan, cracks by visual or eddy current method McMullen, Madison, Marion, Martin, Mason, Title 12— BANKS AND BANKING inspection: repair of boundary members Maverick, Medina, Menard, Midland, Milam, Chapter II— Federal Reserve System found to be cracked; and installation of Mills, Mitchell, Montague, Montgomery, operating limitation placards limiting Moore, Morris, Motley, Nacogdoches, Navarro, SUBCHAPTER A— BOARD OF GOVERNORS OF Newton, Nolan, Ochiltree, Oldham, Orange, THE FEDERAL RESERVE SYSTEM cabin pressure differentials during flight Palo Pinto, Panola, Parker, Parmer, Pecos, pending inspection. Polk, Potter, Presidio, Rains, Randall, Reagan, [Reg. Y] Since it was found that immediate Real, Red River, Reeves, Refugio, Roberts, corrective action was required, notice and Robertson, Rockwall, Runnels, Rusk, Sabine, PART 222— BANK HOLDING San Augustine, San Jacinto, San Patricio, COMPANIES public procedure thereon was impracti­ San Saba, Schleicher, Scurry, SHackelford, cable and contrary to the public interest Shelby, Sherman, Smith, Somervell, Starr, Simplification of Procedures; and good cause existed for making the Stephens, Sterling, Stonewall, Sutton, Correction airworthiness directive effective immedi­ Swisher, Tarrant, Taylor, Terrell, Terry, ately as to all known U.S. operators of Throckmorton, Titus, Tom Green, Travis, By document appearing in the Au­ British Aircraft Corp. Model Viscount Trinity, Tyler, Upshur, Upton, Uvalde, Val gust 28, 1971, issue of the F ederal R egis­ 810 airplanes by individual airmail letters Verde, Van Zandt, Walker, Ward, Washing­ ter (36 F.R. 17329) the Board amended ton, Webb, Wheeler, Wichita, Wilbarger, § 222.3(b) of Regulation Y to indicate dated August 13, 1971. These conditions Williamson, Wilson, Winkler, Wise, Wood, that an application for the Board’s ap­ still exist and the airworthiness direc­ Yoakum, Young, Zapata, and Zavala tive is hereby published in the F ederal Counties; proval of the formation of a company Utah. The entire State; that controls only one bank “may be R egister as an amendment to § 39.13 of Vermont. The entire State; consummated” 45 days after the company Part 39 of the Federal Aviation Regula­ Virginia. The entire State; has been informed by its Reserve Bank tions to make it effective to all persons. Washington. The entire State; that its application has been accepted West Virginia. The entire State; with certain exceptions. B ritish Aircraft Corp. Applies to Model Wisconsin. The entire State; Viscount 810 airplanes. Wyoming. The entire State; The second sentence of § 222.3(b) is corrected to read: “Any application for Compliance is required as indicated. Puerto Rico. The entire area; and (a) For airplanes that have accumulated Virgin Islands of the United States. The the Board’s approval of the formation of 25,000 or more landings on the effective entire area. a company that controls only one bank date of this AD—

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18786 RULES AND REGULATIONS

(1) Before further flight install an operat­ [Docket No. 11089; Arndt. 39-1298] [Airspace Docket No. 71-GL-2] ing limitation placard in the pilot’s com­ partment in clear view of the pilot pro­ PART 39— AIRWORTHINESS PART 71 — DESIGNATION OF FEDERAL hibiting further flight at a cabin pressure DIRECTIVES AIRWAYS, AREA LOW ROUTES, differential exceeding 3.5 p.s.i.; and CONTROLLED AIRSPACE, AND RE­ -(2) Within the next 50 landings after the British Aircraft Corp. Model BAC 1—11 PORTING POINTS effective date of this AD, comply with para­ 200 and 400 Series Airplanes graph (d)„ Alteration of Federal Airways (b) For airplanes that have accumulated A proposal to amend Part 39 of the 20,000 or more landings, but less than 25,000 Federal Aviation Regulations to include The purpose of these amendments to landings on the effective date of this AD-— an airworthiness directive requiring Part 71 of the Federal Aviation Regula­ (1) Before further flight install an operat­ installation of a new microswitch in the tions is to make minor renumbering ing limitation placard in the pilot’s com­ partment in clear view of the pilot pro­ landing gear selector lever assembly on alterations to VOR Federal airway Nos. hibiting further flight at a cabin pressure British Aircraft Corp. Model BAC 1-11 67,77,120 and 161. differential exceeding 4.5 p.s.i.; and 200 and 400 series airplanes was pub­ The actions taken herein would redes­ (2) Within the next 100 landings after lished in the F ederal R egister, 36 F.R. ignate V-67 segment from Waterloo, the effective date of this AD, comply with 9785. Iowa to Rochester, Minn.; extend V-77 paragraph (d). Interested persons have been afforded airway from Des Moines, Iowa, via New­ (c) For airplanes that have accumulated an opportunity to participate in the mak­ less than 20,000 landings on the effective ton, Iowa, to Waterloo, Iowa; and re­ date of this AD, before the accumulation ing of the amendment. The only com­ designate V-161 segment from Des of 20,000 landings or before the accumula­ ment received objected to the issuance Moines via Mason City to Rochester, with tion of 100 landings after the effective date of the AD on the grounds that the addi­ a west alternate segment from Mason of this AD, whichever occurs later, comply tion of the switch would reduce circuit City to Rochester via the intersection of with paragraph (d). reliability and that an ungated landing Mason City 023°T (017°M) and Roches­ (d) Inspect the rear pressure bulkhead gear selector lever could be detected by ter 243°T (238°M) radials. boundary member around the complete cir­ the flightcrew checking the landing gear These actions are being taken to facili­ cumference of the boundary member for selector lever. As noted in the preamble cracks, by an X-ray radiographic method tate flight planning and the automated which uses approximately 80 kv. perpendic­ to the proposed AD, ungated landing gear processing of flight data. The extent of ular to the forward inside bend radius of the selector levers have not been detected by controlled airspace will not be altered by boundary member. flightcrews and the nose landing gears these actions. (e) If any cracks in the boundary mem­ collapsed. The FAA has determined that ber are found during the inspection required Since these airspace actions are taken by paragraph (d), before further flight re­ the installation of the microswitch is to provide for the safe movement of air pair the cracked boundary member— necessary in order to provide a positive traffic, and are minor in nature, and will (1) By reinforcing the cracked portion of indication of the unsafe condition to the not alter the extent of controlled air­ the boundary member with a length of serv­ flightcrew and that it will not reduce space, notice and public procedure there­ iceable boundary member section which ex­ on are unnecessary. tends at least 3 inches beyond the ex­ circuit reliability. In consideration of the foregoing, Part tremities of any crack; or In consideration of the foregoing, and (2) By replacing the cracked portion with 71 of the Federal Aviation Regulations a length of serviceable boundary member pursuant to the authority delegated to is amended, effective 0901 G.m.t., Novem­ section; connecting the replacement section me by the Administrator (14 CFR 11.89), ber 11, 1971, as hereinafter set forth. by typical type joint plates. § 39.13 of Part 39 of the Federal Aviation Section 71.123 (36 F.R.* 2010, 3892, (f) The placard required by paragraph (a) or (b) may be removed after paragraph (d) Regulations is amended by adding the 9618) is amended as follows: and paragraph (e), if applicable, have been following new airworthiness directive: a. In V-67 all after “Waterloo, Iowa;” is deleted and “Rochester, Minn.” is sub­ accomplished. B ritish Aircraft Corp. Applies to British Air­ (g) For purposes of complying with this craft Corp. Model BAC 1-11 200 and 400 stituted therefor. AD, subject to acceptance by the assigned series airplanes. b. In V-77 “to Des Moines, Iowa.” is t'AA maintenance inspector, the number of landings may be determined by dividing each Compliance is required within the next deleted and “Des Moines, Iowa; Newton, airplane’s hours’ time in service by the oper­ 2,000 hours’ time in service after the effective Iowa; to Waterloo, Iowa.” is substituted ator’s fleet average time from takeoff to land­ date of this AD, unless already accomplished. therefor. ing for the airplane type. To insure that the pilot is warned when the landing gear selector lever is not fully c. In V-120 “Mason City, Iowa.” is de­ (BAC campaign wire SS 1093V refers to this engaged in a gated position, modify the sé- leted and “Mason City, Iowa; to Water­ subject.) lector lever assembly by incorporating a microswitch wired into the existing landing loo, Iowa.” is substituted therefor. This amendment is effective upon gear indication circuit in accordance with d. In V-161 all between “Des Moines, publication in the F ederal R egister (9 - British Aircraft Corporation Model BAC 1-11 Iowa;” and “INT Rochester 365°” is de­ 23-71) as to all persons except those Service Bulletin No. 32-PM 4538, dated July 6, leted and “Mason City, Iowa; Rochester, persons to whom it was made effective 1970, or an FAA-approved equivalent. immediately upon receipt of the airmail Minn., including a W alternate via INT letter dated August 13, 1971, which con­ This amendment becomes effective Oc­ Mason City 023* and Rochester 243° tained this amendment. tober 22,1971. radials;”’*is substituted therefor. (Sec. 313(a), 601, 603, Federal Aviation (Secs. 313(a), 601, 603, Federal Aviation Act (Sec. 307(a), Federal Aviation Act of 1958, Act of 1958, 49 TJ.S.C. 1354(a), 1421, 1423; of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. 49 U.S.C. 1348(a); sec. 6(c), Department of 6(c), Department of Transportation Act, 49 sec. 6(c), Department of Transportation Transportation Act, 49 U.S.C. 1655(c)) Act, 49 U.S.C. 1655(c) ) U.S.C. 1655(c)) Issued in Washington, D.C., on Sep­ Issued in Washington, D.C., on Sep­ Issued in Washington, D.C., on Sep­ tember 15,1971. tember 16,1971. tember 14,1971. T. M cC ormack, W illiam S hreve, W illiam G. S hreve, Jr., G. Jr., Acting Director, Acting Chief, Airspace and Air Acting Director, Traffic Rules Division. Flight Standards Service. Flight Standards Service. [FR Doc.71-13903 Filed 9-21-71;8:48 am] [FR Doc.71-13922 Filed 9-21-71;8:49 am] [FR Doc.71-13923 Filed 9-21-71;8:50 am]

FEDERAL REGISTER, V O L 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 RULES AND REGULATIONS 18787

Chapter II— Civil Aeronautics Board In ER-696, issued contemporaneously Accordingly, the Board hereby amends herewith, the Board corrected a citation Part 214 of the Economic Regulations (14 SU8CHAPTER A— ECONOMIC REGULATIONS in § 207.10, entitled “Reports of emer­ CFR Part 214), effective October 14, tReg. ER-696; Arndt. 2] gency commercial charters for other di­ 1971, as follows: rect carriers.” This amendment corrects 1. Amend § 214.5 to read in part as PART 207— CHARTER TRIPS AND a similar error in § 208.5. Whereas pres­ follows: SPECIAL SERVICES ent § 208.5 refers to § 208.3 (s) (2) (i) (a) § 214.5 Reports of emergency commer­ Reports of Emergency Commercial and (ii) (a), the correct citation is § 208.6 cial charters for other direct carriers. Charters for. Other Direct Carriers (b ) (1) and (c )(1). This regulation is issued by the under­ It shall be an express condition upon Adopted by the Civil Aeronautics Board signed pursuant to a delegation of au­ authority conferred in § 214.7 (a) (1) and at its office in Washington, D.C., on the thority from the Board to the General (b) (1) that each foreign charter air car­ 17th day of September 1971. Counsel in 14 CFR § 385.19, and shall be­ rier which performs an emergency char­ By ER-684 effective May 8, 1971 and come effective on October 14, 1971. ter transporting commercial passenger published at 36 F.R. 7432, the Board re­ Procedures for review of this amendment traffic for another direct carrier shall issued Part 207 so as to incorporate by the Board are set forth in Subpart C file a report with the Bureau of Operat­ therein all amendments which had been of Part 385 (14 CFR §§ 385.50 and ing Rights, within 30 days following each adopted on or before April 13, 1971. In 385.54). charter flight, containing the following information: § 207.10 entitled “Reports of emergency Accordingly, the Board hereby amends commercial charters for other direct car­ Part 208 of the Economic Regulations ***** riers” the reference to certain charter (14 CPR Part 208)' effective October 14, (Sec. 204(a), Federal Aviation Act of 1958, flight authority incorrectly cites § 207.1, 1971, as follows: as amended, 72 Stat. 743; 49 U.S.C. 1324) whereas the correct citation is § 207.11. This amendment corrects the citation.1 1. Amend § 208.5 to read in part as By the Civil Aeronautics Board. This regulation is issued by the under­ follows: [seal] R . T e n n e y J o h nso n , signed pursuant to a delegation of au­ § 208.5 Reports of emergency commer­ General Counsel. thority from the Board to the General cial charters for other direct carriers. [FR Doc.71-13942 Filed 9-21-71;8:51 am] Counsel in 14 CPR § 385.19, and shall be­ It shall be an express condition upon come effective on October 14, 1971. Pro­ cedures for review of this amendment by authority conferred by § 208.6 (b) (1) and the Board are set forth in Subpart C of (c ) (1) that each supplemental air car­ Part 385 (14 CPR §§ 385.50 and 385.54). rier which performs an emergency char­ Title 21— FOOD AND DRUGS ter transporting commercial traffic for Chapter I— Food and Drug Adminis­ Accordingly, the Board hereby amends another direct carrier shall file a report Part 207 of the Economic Regulations (14 with the Bureau of Operating Rights, tration, Department of Health, Ed­ CPR Part 207) effective October 14,197i, within 30 days following each charter ucation, and Welfare as follows: flight, containing the following informa­ SUBCHAPTER C— DRUGS 1. Amend § 207.10 to read in part as tion: follows: ***** PART 135c— NEW ANIMAL DRUGS IN § 207.10 Reports of emergency com­ (Sec. 204(a), Federal Aviation Act of 1958, ORAL DOSAGE FORMS mercial charters for other direct car­ as amended, 72 Stat. 743; 49 U.S.C. 1324) Ampicillin Trihydrate Capsules riers. By the Civil Aeronautics Board. It shall be an express condition upon The Commissioner of Food and Drugs authority conferred by subparagraph [seal] R . T en ney J o h nso n, has evaluated a new animal drug appli­ (1) of paragraph (b) of § 207.11 that General Counsel. cation (55-038V) filed by E. R. Squibb each air carrier which performs an [FR Doc.71-13941 Filed 9-21-71;8:51 am] & Sons, Inc., proposing the safe and ef­ emergency charter transporting com­ fective use of ampicillin trihydrate cap­ sules for the treatment of cats. The mercial traffic for another direct carrier [Reg. ER-698; Arndt. 2] shall file a report with the Bureau of application is approved. Operating Rights, within 30 days follow­ PART 214— TERMS, CONDITIONS AND Therefore, pursuant to provisions of ing each charter trip, containing the LIMITATIONS OF FOREIGN AIR the Federal Food, Drug, and Cosmetic following information: CARRIER PERMITS AUTHORIZING Act (sec. 512 (i), 82 Stat. 347; 21 U.S.C. * * * * * 360b(i)) and under authority delegated CHARTER TRANSPORTATION ONLY (Sec. 204(a) Federal Aviation Act of 1958, as to the Commissioner (21 CFR 2.120), amended, 72 Stat, 743; 49 U.S.C. 1324) Reports of Emergency Commercial Part 135c is amended in § 135C.47 by re­ vising paragraph (c), as follows: By the Civil Aeronautics Board. Charters for Other Direct Carriers § 135c.47 Ampicillin trihydrate cap­ [seal] R . T en ney J oh nso n, Adopted by the Civil Aeronautics Board sules, veterinary. General Counsel. at its office in Washington, D.C., on the * * * * * [FR Doc. 71-13940 Filed 9-21-71;8:51 am] 17th day of September 1971. In ER-696, issued contemporaneously (c) Conditions of use. (1) It is used in herewith, the Board corrected a citation dogs as f ollows: [Reg. ER-697; Arndt. 2] in § 207.10 entitled “Reports of emer­ (i) It is administered as a treatment PART 208— TERMS, CONDITIONS AND gency commercial charters for other against strains of gram-negative and direct carriers.” This amendment cor­ gram-positive organisms sensitive to am­ LIMITATIONS OF CERTIFICATES TO rects a similar error in § 214.5. Whereas picillin and associated with respiratory ENGAGE IN SUPPLEMENTAL AIR present § 214.5 refers to § 214.2(b) (1) (i) tract infections (tracheobronchitis and TRANSPORTATION and (2) (i), the correct citation is § 214.7 tonsillitis); urinary tract infections Reports of Emergency Commercial (a)(1) and (b)(1). (cystitis); bacterial gastroenteritis; gen­ This regulation is issued by the under­ Charters for Other Direct Carriers eralized infections (septicemia) associ­ signed pursuant to a delegation of au* ated with abscesses, lacerations, and Adopted by the Civil Aeronautics thority from the Board to the General wounds; and bacterial dermatitis. Board at its office in Washington, D.C., Counsel in 14 CFR § 385.19, and shall on the 17th day of September 1971. become effective on October 14, 1971. (ii) Administer 5 to 10 milligrams per Procedures for review of this amend­ pound of body weight two or three times 1 Similar errors were-made in Parts 208 and ment by the Board are set forth in Sub­ daily. In severe or acute conditions, 10 214 and are being corrected by ER-697 and part C of Part 385 (14 CPR §§ 385.50 and milligrams per pound of body weight ER-698 issued sim ultaneously herewith. 385.54). should be given three times daily. Dosage V

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 No. 184—Pt. I----- 3 18788 RULES AND REGULATIONS should be administered 1 to 2 hours prior homes should only be allowed in rented Sections 1.71 and 1.72 are amended by to feeding. sites in mobile home parks. changing the title of the Division of (2) It is used in cats as follows: In view of the safeguards in the other Special Projects to the Division of Con­ (i) It is administered as a treatment regulations in this subpart, it was deter­ sumer Credit and Special Programs. against strains of gram-negative and mined that it would be arbitrary to deny (84 Stat. 1128,15 U.S.C. 1681 et seq.) gram-positive organisms sensitive to am- a borrower the right to place a mobile home on land that he is purchasing when By direction of the Commission dated picillin and associated with respiratory September 14, 1971. tract infections (bacterial pneumonia); he is otherwise permitted by law to do so. urinary tract infections (cystitis); and Effective date. These regulations shall [ seal] Charles A. T obin, generalized infections (septicemia) as­ be effective 30 days after their publica­ Secretary. tion in the F ederal R egister (9-22-71). sociated with abscesses, lacerations, and [FR Doc.71-13959 Filed 9-21-71;8:53 am] wounds. Accordingly Part 201 is amended as (ii) Administer 10 to 30 milligrams follows: per pound of body weight two or three 1. Section 201.501(1) is amended to times daily. Dosage should be adminis­ read: Title 26-INTERNAL REVENUE tered 1 to 2 hours prior to feeding. § 201.501 Definitions. Chapter I— Internal Revenue Service, (3) The drug may be given as an * * * * * Department of the Treasury emergency measure; however, in vitro (1) “Owner” means a borrower who sensitivity tests on samples collected has at least a one-half interest in the real SUBCHAPTER A— INCOME TAX prior to treatment should be made. Am- property upon which the mobile home, is [T.D. 7140] picillin is contraindicated for use in placed, which interest is a fee simple title infections caused by penicillinase- and such title may be subject to a mort­ PART 1— INCOME TAX; TAXABLE producing organisms and for use in dogs gage, deed of trust or other lien securing YEARS BEGINNING AFTER DECEM­ and cats known to be allergic to any of a debt or where the borrower is a pur­ BER 31, 1953 the penicillins. It is also not to be used chaser under a mutually binding re­ in animals raised for food production. corded contract for the purchase of the PART 13— TEMPORARY INCOME TAX (4) For use only by or on the order real property, is rightfully in possession, REGULATIONS UNDER THE TAX of a licensed veterinarian. and the purchase price is payable in REFORM ACT OF 1969 Effective date* This order shall be ef­ equal installments. * * * * * Amortization of Railroad Grading and fective upon publication in the F ederal Tunnel Bores R egister (9-22-71). 2. Section 201.530(b) (5) and (6) are Dated: September 14,1971. amended to read: On June 29, 1971, there was published in the F ederal R egister (36 F.R. 12227) C. D. V an H ouw eling, § 201.530 Maximum loan amount. a notice of proposed rule making with Director, Bureau of Veterinary * * * * * respect to the amendment of the Income Medicine. (b) Permissible charges and fees. * * * Tax Regulations (26 CFR Part 1) to con­ [PR Doc.71-13935 Piled 9-21-71;8:51 am] (5) Costs of transportation or freight form such regulations to section 185 of as shown on the invoice, not to exceed the Internal Revenue Code of 1954, re­ $400 for a mobile home or where the lating to the amortization of certain rail­ mobile home consists of two or more road grading and tunnel bores, as added Title 24— HOUSING AND modules, $600. by section 705(a) of the Tax Reform (6) Itemized setup charges by the Act of 1969 (Public Law 91-172, 83 Stat. dealer for installing the mobile home on 672). Section 1.185-1 of the regulations HOUSING CREDIT site, not to exceed $200 or where a mobile hereby adopted supersedes those pro­ Chapter II— Federal Housing Admin­ home consists of two or more modules, visions of § 13.0 (temporary regulations $400. concerning certain elections) of this istration, Department of Housing (Sec. 7(d ), 79 Stat. 670, 42 U.S.C. 3535(d); chapter relating to section 185(c) of the and Urban Development sec. 2, 48 Stat. 1246, 12 U.S.C. 1703) Code, which was prescribed by T.D. 7032, [Docket No. R-71-123] approved March 9, 1970 (35 F.R. 4330). E ugene A. G ulledge, After consideration of all such relevant PART 201— PROPERTY IMPROVE­ Federal Housing Commissioner. matter as was presented by interested MENT AND MOBILE HOME LOANS [FR Doc.71-13943 Filed 9-21-71;8:53 am] persons regarding the rules proposed, the amendment of the regulations as pro­ Financing of Mobile Homes posed is hereby adopted, subject to the On June 30, 1971, a notice of proposed changes set forth below. rule making was published in the F ederal Title 16— COMMERCIAL P aragraph 1. Section 1.185-1, as set R egister (36 F.R. 12308), stating that the forth in paragraph 1 of the appendix to Department of Housing and Urban De­ PRACTICES the notice of proposed rule making is velopment was considering amending changed by redesignating subdivisions Part 201 of Title 24 of the Code of Fed­ Chapter I— Federal Trade Commission (i), (ii), and (iii) of paragraph (b) (2) eral Regulations, Subpart B, “Mobile SUBCHAPTER A— PROCEDURES AND RULES OF as subparagraphs (ii), (iii), and (iv) re­ Home Loans,” to allow borrowers pur­ PRACTICE spectively, by adding a new subdivision chasing sites under real estate contracts (i) to such paragraph (b) (2) and by to be eligible for mobile home loans and PART 1— g e n e r a l p r o c ed u r es revising redesignated subdivision (i) of to increase the allowable transportation Subpart H— Administration of the such paragraph (b) (2). These redesig­ and setup costs for mobile homes con­ Fair Credit Reporting Act nated, revised and added provisions read sisting of two or more modules. as follows: Change in T itle of D ivisio n Interested persons were afforded an P ar. 2. Section 1.185-3, as set forth in opportunity to participate in the rule The Commission announces the fol­ paragraph 1 of the appendix to the notice making through the submission of com­ lowing amendments in Part 1 of Chapter of proposed rule making is changed by ments; with one exception, all comments I of Title 16 of the Code of Federal revising paragraph (b) thereof to read received were favorable. A city objected Regulations. These amendments shall to the provision that would allow loans to become effective on the date of their as follows: borrowers purchasing sites under real publication in the F ederal R egister P aragraph 1. The following sections estate contracts. The city felt that mobile (9-22-71). are added before § 1.211:

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 RULES AND REGULATIONS 18789

§ 1.185 Statutory provisions; amortiza­ the retirement or abandonment is attribut­ such election without the consent of the tion of railroad grading and tunnel able primarily to fire, storm, or other Commissioner in the manner prescribed bores. casualty. (f) Investment credit not to be allowed. in paragraph (b) (2) of § 1.185-3. Sec. 185. Amortization of railroad grad­ Property eligible to be amortized under this (iii) In the case of qualified railroad ing and tunnel bores— (a) General rate. In section shall not be treated as section 38 grading and tunnel bores placed in serv­ the case of a domestic common carrier by property within the meaning of section ice (as defined in paragraph (d) of railroad, the taxpayer shall, at his election, 48(a). § 1.185-2) after the beginning of the first be entitled to a deduction with respect to (g) Regulations. The Secretary or his dele­ taxable year for which an election under the amortization of the adjusted basis (for gate shall prescribe such regulations as may section 185 is effective, the 50-year period determining gain) of his qualified railroad be necessary to carry out the purposes of grading tunnel bores. The amortization de­ this section. with respect to such property shall begin duction provided by this section with respect (h) Cross reference. For special rule with with the taxable year following the tax­ to such property shall be in lieu of any de­ respect to certain gain derived from the dis­ able year in which the property is placed preciation deduction, or other amortization position of property the adjusted basis of in service. See paragraph (a) (2) of deduction, with respect to such property for which is determined with regard to this § 1.185-3 for the statement required re­ any taxable year to which the election section, see section 1245. applies. lating to such qualified railroad grading (b) Amount of deduction— (1) In general. [Sec. 185 as added by sec. 705, Tax Reform and tunnel bores. The deduction allowable under subsection Act 1969 ( 83 Stat. 672)] (3) Amount of deduction, (i) With re­ (a) for any taxable year shall be an amount § 1.185—1 Amortization o f railroad grad­ spect to each taxable year of each 50-year determined by amortizing ratably over a ing and tunnel bores. period the deduction for amortization for period of 50 years the adjusted basis (for de­ the taxable year is determined by divid­ termining gain) of the qualified railroad (a) Allowance of deduction— (1) Ining the adjusted basis (for determining grading and tunnel bores of the taxpayer. general. Under section 185(a) a domestic Such 50-year period shall commence with gain) of the property at the beginning the first taxable year for which an election common carrier by railroad (as defined of the taxable year by the number of under this section is effective. in paragraph (e) of § 1.185-2) shall, at years (including the year for which the (2) Special rule. In the case of qualified its election, be entitled to a deduction deduction is computed) remaining in the railroad grading and tunnel bores placed with respect to the amortization of the 50-year period. The adjusted basis (for in service after the beginning of the first adjusted basis for determining gain (see determining gain) for any taxable year taxable year for which an election under part II (section 1011 and following), sub- shall be computed without regard to the this section is effective, the 50-year period chapter O, chapter 1 of the Code) of its amortization deduction under section 185 with respect to such property 6hall begin qualified railroad grading and tunnel with the year following the year the prop­ for such taxable year. erty is placed in service. bores (as defined in paragraph (b) of (ii) If qualified railroad grading or a (c) Election of amortization. The election § 1.185-2) based on a period of 50 years. qualified tunnel bore is sold or exchanged of the taxpayer to take the amortization Such amortization deduction with re­ or otherwise disposed of during a par­ deduction provided in subsection (a) may spect to such property shall be in lieu ticular taxable year, the amortization be made for any taxable year beginning after of any depreciation deduction, or other deduction (if any) allowable to the trans­ December 31, 1969. Such election shall be amortization deduction, with respect to feror in respect of that year shall be that made by filing with the Secretary or his dele­ such property for any taxable year to portion of the amount to which such per­ gate, in such manner, in such form, and which the election applies. within such time, as the Secretary or his son would be entitled for a full year delegate may by regulations prescribe, a (2) Election to amortize, (i) Underwhich the number of days in such year statement of such election. The election section 185(c) the taxpayer may elect to during which such property was held by shall remain in effect for all taxable years take the amortization deduction provided such person bears to the total number of subsequent to the first year for which it is by section 185(a) beginning with any days in such year. For treatment upon effective and shall apply to all qualified rail­ taxable year beginning after Decem­ retirement see subparagraph (5) of this road grading and tunnel bores of the tax­ ber 31, 1969, in which such taxpayer has payer, unless, on application by the taxpayer, paragraph. the Secretary or his delegate permits him, qualified railroad grading and tunnel (4) Treatment of assets amortized subject to such conditions as the Secretary bores on the first day of such taxable under section 185 subsequent to revo­ or his delegate deems necessary, to revoke year. Thus, for example, if, during 1969, cation with consent or in the case of revo­ such election. a domestic common carrier by railroad, cation of an election made prior to Sep­ (d) Definitions. For purposes of this sec­ which is a calendar year taxpayer, places tember 22,1971. A taxpayer whose appli­ tion— in service (within the meaning of par­ cation to revoke an election under (1) Railroad grading and tunnel bores. agraph (d) of § 1.185-2) qualified rail­ The term “railroad grading and tunnel bores" section 185(c), made in the manner pre­ road grading, it may make such election scribed in paragraph (b) (1) of § 1.185-3, means all improvements resulting from ex­ on its income tax return filed for its cavations (including tunneling), construc­ is approved or who elects under subpara­ tion of embankments, clearings, diversions taxable year beginning January 1, 1970, graph (2) (ii) of this paragraph and of roads and streams, sodding of slopes, and or on its income tax return filed for any paragraph (b) (2) of § 1.185-3 to revoke from similar work necessary to provide, con­ subsequent taxable year. For rules with an election under section 185(c) with struct, reconstruct, alter, protect, improve, respect to the time and manner of mak­ respect to its qualified railroad grading replace, or restore a roadbed or right-of-way ing the election see paragraph (a) of and tunnel bores shall use the method of for railroad track. If expenditures for im­ § 1.185-3. provements described in the preceding sen­ accounting it would have used for such tence are incurred with respect to an exist­ (ii) An election made under sectionassets but for the application of this ing roadbed or right-of-way for railroad 185(c) shall remain in effect for all tax­ section. If the taxpayer so revokes the track, such expenditures shall be considered, able years subsequent to the first year amortization deduction under section 185 in applying this section, as costs for railroad for which it is effective. Such election such taxpayer shall not be entitled to any grading or tunnel bores placed in service in shall apply to all qualified railroad grad­ further amortization deduction under the year in which such costs are incurred. ing and tunnel bores of the taxpayer, (2) Qualified railroad grading and tunnel section 185 with respect to such qualified bores. The term “qualified railroad grading unless, on application filed by the tax­ railroad grading and tunnel bores. How­ and tunnel bores” means railroad grading payer in the manner prescribed in para­ ever, such amortization deduction shall and tunnel bores the original use of which graph (b) (1) of § 1.185-3, the Commis­ be available with respect to qualified commences after December 31, 1968. sioner of Internal Revenue permits him, railroad grading and tunnel bores placed (e) Treatment upon retirement. If any subject to such conditions as the Com­ in service subsequent to the effective date qualified railroad grading or tunnel bore is missioner deems necessary in the indi­ of such revocation provided a proper retired or abandoned during a taxable year vidual case, to revoke such election. for which an election under this section is election is made (see paragraph (a) (2) in effect, no deduction shall be allowed on Such revocation shall be effective only of this section). account of such retirement or abandonment as of the beginning of a taxable year. (5) Treatment upon retirement. If any and the amortization deduction under this In addition, if before September 22,1971, qualified railroad grading or tunnel bore section shall continue with respect to such an election under section 185 has been is retired (within the meaning of para­ property. This subsection shall not apply if made, consent is hereby given to revoke graph (a) of § 1.167(a)-8) or abandoned

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18790 RULES AND REGULATIONS

during a taxable year for which an elec­ duction provided for by section 185 and service qualified railroad grading B at a tion under section 185 is in effect, ho the distributor or transferor corporation cost of $50,000. X would not be entitled to deduction shall be allowed on account' an amortization deduction for 1971 for the has so elected, then the acquiring cor­ new grading. However, it would be required of such retirement or abandonment and poration shall be deemed to have elected to take the amortization deduction on its the amortization deduction under this the amortization deduction under sec­ income tax return filed for 1972. X’s total section shall continue with respect to tion 185 beginning with the taxable year amortization deduction for 1972 would there­ such property. However, this subpara­ following the taxable year during which fore be $3,000, computed as follows: graph shall not apply if the retirement the distribution or transfer occurred, un­ 1972 amortization deduction for rail­ or abandonment is attributable primarily less the acquiring corporation files an road grading A is $96,000 ($98,000 to fire, storm, or other casualty. For pur­ application for permission to revoke an m inus $2,000) divided by 48______$2,000 poses of this subparagraph the term election made under section 185 in the 1972 amortization deduction for rail­ “casualty” shall have the meaning as­ time and manner provided for in para­ road grading B is $50,000 divided signed to such term by § 1.165-7. graph (b)(1) of § 1.185-3. For purposes by 50------1,000 (b) Special rules—(1) Investmentof this subdivision the qualified railroad credit not to be allowed. Property which grading and tunnel bores of the distrib­ Total amortization deduction is eligible to be amortized under section utor or transferor corporation will be for 1972______3,000 185 shall not be treated as section 38 deemed placed in service by the acquir­ Example (3). Assume the same facts as in property within the meaning of section ing corporation in the year in which examples (1) and (2). Assume further that 48. See section 185(f). the distribution or transfer occurred. on September 10, 1972, X files an applica­ (2) Certain corporate acquisitions, (i)Thus, for example, if A corporation, a tion for permission to revoke an election in If the assets of a domestic common car­ domestic common carrier by railroad accordance with paragraph (b) (1) of § 1.185- rier by railroad are acquired by another which has not elected to take the amor­ 3, which application is duly approved. The tization deduction provided for by sec­ adjusted bases of railroad grading A and such railroad in a transfer to which sec­ B as of January 1, 1973, the first day as of tion 374 (relating to nonrecognition of tion 185 acquires, in a transaction to which the revocation is deemed effective, are gain or loss in certain railroad reorgani­ which section 381 applies, the assets $94,000 and $49,000, respectively, computed zations) applies, or in a transaction to (which include qualified railroad grading as follows: and tunnel bores) of B corporation, which section 381 (relating to carryovers Grading A: in certain corporate acquisitions) ap­ which has so elected, during a taxable Adjusted basis at beginning of plies, the rules in subdivision (ii), (iii), year for which B’s election under sec­ amortization period ______$100, 000 and (iv) of this subparagraph apply. If tion 185 is effective, A shall be deemed to Less: Amortization deductions property is transferred in a transaction have- elected to take the amortization ($2,000 each year for 1970, to which section 374 applies, the basis deduction provided by section 185 with 1971, and 1972)______6,000 of such property in the hands of the respect to its own qualified railroad grad­ transferee shall be determined in ac­ ing and tunnel bores and to those ac­ Adjusted basis upon revocation cordance with the rules of section 374(b) quired from B corporation beginning of amortization______94,000 (relating to basis of property acquired with the taxable year succeeding the tax­ Grading B : in a section 374(a) reorganization) and able year during which the transfer of Adjusted basis at beginning of § 1.374-2. assets from B to A occurred. The state­ amortization p e r io d ______$50,000 (ii) If both the acquiring corporation ment required by paragraph (a) (2) of Less: Amortization deduction___ 1,000 and the distributor or transferor corpo­ § 1.185-3 must be attached to A’s income ration have elected to take the amorti­ tax retimi for such succeeding taxable Adjusted basis upon revocation of zation deduction under section 185, the year. a m o rtiza tio n ______-______49,000 acquiring corporation is to be treated as (3) Cross reference. For special rules if it were the transferor or distributor with respect to certain gain derived from Example (4). During 1970 and 1971 Y Cor­ corporation for purposes of this section. the disposition of property the adjusted poration, a domestic common carrier by rail­ (iii) If the acquiring corporation has basis of which is determined with regard road, which uses the calendar year as its to section 185 see section 1245 and the taxable year, places in service qualified elected to take the amortization deduc­ railroad grading and tunnel bores. Y does tion provided for by section 185 and the regulations thereunder. not elect to take the amortization deduc­ transferor or distributor corporation has (c) Examples. This section may be il­tion under section 185. During 1974 the cor­ not so elected, then any qualified railroad lustrated by the following examples: poration places in service additional railroad grading or tunnel bores of the distributor grading and tunnel bores. On its income tax Example (I ). In July 1969 X Corporation, return filed for 1976 the corporation elects or transferor railroad shall be deemed for a domestic common carrier by railroad, which purposes of section 185(b)(2) to have in the manner provided for in paragraph uses the calendar year as its taxable year, (a) of § 1.185-3 to take the amortization been placed in service by the acquiring completes qualified railroad grading A (as deduction under section 185. Y would be re­ corporation on the date of distribution or defined in paragraph (b) of § 1.185-2) which quired to amortize the qualified railroad transfer. Thus, for example, if A corpora­ is immediately placed in service. The cost grading and tunnel bores placed in service tion, a domestic common carrier by rail­ of the grading is $100,000. On its income tax during 1970, 1971, and 1974 over a 50-year road which has elected to take the return filed for 1970 (the first year for which the grading was eligible for amortization un­ period commencing with 1976. amortization deduction provided for by der section 185) the corporation elects to § 1.185—2 Definitions. section 185, acquires the assets (which take the amortization deduction provided include qualified railroad grading and by section 185 with respect to its qualified (a) Railroad gradings and tunnel tunnel bores) of B corporation, which railroad grading and tunnel bores. As of bores. The term “railroad grading and has not so elected, during a taxable year January 1, 1970 (the first day of the taxable tunnel bores” means all improvements subsequent to the first taxable year for year succeeding the year in which the grad­ resulting from excavations (including which A’s election under section 185 is ing was placed in service) the adjusted basis tunneling), construction of embank­ effective, A must begin taking the amorti­ (for determining gain) of grading A (its ments, clearings, diversions of roads and only qualified railroad grading or tunnel streams, sodding of slopes, and from sim­ zation deduction provided for by section bores) is $100,000 (determined without re­ 185 with respect to the qualified railroad gard to the amortization deduction under ilar work necessary to provide, con­ grading and tunnel bores of B corpora­ section 185(b) for that year). The allowable struct, reconstruct, alter, protect, im­ tion with the taxable year succeeding the amortization deduction with respect to such prove, replace, or restore a roadbed or taxable year during which the transfer grading for the taxable years 1970 and 1971 right-of-way for railroad track. If ex­ of assets from B to A occurred. The state­ is $2,000 each year, computed as follows: penditures for improvements described ment required by paragraph (a) (2) of 1970: $100,000 divided by 50______$2,000 in the preceding sentence are incurred § 1.185-3 must be attached to A’s income 1971: $98,000 ($100,000 m inus $2,000) with respect to an existing roadbed or tax return for such succeeding taxable divided by 49______2, 000 right-of-way for railroad track, such year. Example (2). Assume the same facts as in expenditures shall be considered, in ap­ (iv) If the acquiring corporation has example (1). Assume further that during plying this section, as costs for railroad not elected to take the amortization de­ January, 1971 X completes and places in grading or tunnel bores placed in service

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 RULES AND REGULATIONS 18791

in the year in which such costs are placed in service (as defined in para­ (T.D. 7141) incurred. graph (d) of § 1.185-2) after the be­ (b) Qualified railroad grading and ginning of the first taxable year for PART 1— INCOME TAX; TAXABLE tunnel bores. The term “qualified rail­ which the election made under subpara­ YEARS BEGINNING AFTER DECEM­ road grading and tunnel bores” means graph (1) of this paragraph is effective, BER 31, 1953 railroad grading and tunnel bores the the statement required by such subpara­ original use of which commences after graph (1) with respect to such additional Treatment of Livestock December 31, 1968. railroad grading and tunnel bores must On January 23,1971, notice of proposed (c) Original use. For purposes of par­ be attached to the taxpayer’s income tax rule making with respect to the amend­ agraph (b) of this section, the term return filed for the taxable year succeed­ ments of the Income Tax Regulations “original use” means the first use to ing the taxable year in which such addi­ (26 CFR Part 1) under sections 1031, which the property is put, whether or tional qualified railroad grading and tun­ 1231, and 1245 of the Internal Revenue not such use corresponds to the use of nel bores are placed in service. Thus, for Code of 1954 to conform the regulations such property by the taxpayer. example, if a domestic common carrier to the changes made by sections 212 and

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18792 RULES AND REGULATIONS

§ 1.1031(e)—1 , Exchanges of livestock prevented or made undesirable by reason ing herd to produce calves are considered of different sexes. of accident, disease, drought, unfitness to be held for breeding purposes, | even though they may not actually have produced Section 1031(e) provides that livestock of the animal for such purpose, or a sim­ calves. of different sexes are not property of like ilar factual circumstance. Under certain Example (6). A taxpayer, engaged in the kind. Section 1031(e) and this section circumstances, an animal held for ulti­ business of buying cattle and fattening them are applicable to taxable years to which mate sale to customers in the ordinary for slaughter, purchased cows with calf. The the Internal Revenue Code of 1954 course of the taxpayer’s trade or business calves were born while the cows were held may be considered as held for draft,- by the taxpayer. These cows are not con­ applies. breeding, dairy, or sporting purposes. sidered as held for breeding purposes. P ar. 2. Paragraph (c) (1) of § 1.1231-1 is amended by revising subdivision (iii) However, an animal is not held by the (c) (1) For purposes of paragraph to read as follows: taxpayer for draft, breeding, dairy, or (b) of this section, a horse held for racing sporting purposes merely because it is purposes shall be considered as held for §1.1231—1 Cains and losses from the suitable for such purposes or merely be­ sporting purposes. Whether a horse is sale or exchange of certain property cause it is held by the taxpayer for sale held for racing purposes shall be deter­ used in the trade or business. to other persons for use by them for such mined in accordance with the following * * * * * purposes. Furthermore, an animal held rules: (c) Transactions to which section by the taxpayer for other purposes is not (1) A horse which has actually been applies. * * * considered as held .for draft, breeding, raced at a public race track shall, except ( 1 ) * * * dairy, or sporting purposes merely be­ in rare and unusual circumstances, be (ii) Livestock held for draft, breeding, cause of a negligible use of the animal considered as held for racing purposes. dairy, or sporting purposes, except to for such purposes or merely because qf (ii) A horse which has not been raced the extent included under paragraph the use of the animal for such purposes at a public track shall be considered as (4) of this paragraph, or poultry. as an ordinary or necessary incident to held for racing purposes if it has been ***** the other purposes for which the animal trained to race and other facts and cir­ is held. See paragraph (c) of this sec­ cumstances in the particular case also P aragraph 2. Section 1.1231-2 is tion for the rules to be used in deter­ amended by revising paragraphs (a) and indicate that the horse was held for this mining when horses are held for racing purpose. For example, assume that the (b), by redesignating paragraph (c) as purposes and, therefore, are considered paragraph (b) (2), and by adding a new taxpayer maintains a written training paragraph (c) immediately following re­ as held for sporting.purposes. record on all horses he keeps in training (2) The application of this para­status, which shows that a particular vised paragraph (b). These amended and graph is illustrated by the following ex­ added provisions read as follows: horse does not meet objective standards amples: (including, but not limited to, such con­ § 1.1231—2 Livestock held for draft, Example (I). An animal intended by the siderations, as failure to achieve prede­ breeding, dairy, or sporting purposes. taxpayer for use by him for breeding pur­ termined standards of performance dur­ (a) (1) In the case of cattle, horses, or poses is discovered to be sterile or unfit for ing training, or the existence of a physical the breeding purposes for which it was held, or other defect) established by the tax­ other livestock acquired by the taxpayer and is disposed of within a reasonable time after December 31, 1969, section 1231 thereafter. This animal is considered as held payer for determining the fitness and applies to the sale, exchange, or involun­ for breeding purposes. quality of horses to be retained in his tary conversion of such cattle, horses, or Example (2). The taxpayer retires from racing stable. Under such circumstances, other livestock, regardless of age, held the breeding or dairy business and sells his if the taxpayer disposes of the horse by the taxpayer for draft, breeding, entire herd, including young animals which within a reasonable time after he deter­ dairy, or sporting purposes, and held by would have been used by him for breeding mined .hat it did not meet his objective him— or dairy purposes if he had remained in busi­ standards for retention, the horse shall ness. These young animals are considered as be considered as held for racing purposes. (1) For 24 months or more from the held for breeding or dairy purposes. The date of acquisition in the case of cattle same would be true with respect to young (iii) A horse which has neither been or horses, or animals which would have been used by the raced at a public track nor trained for (ii) For 12 months or more from the taxpayer for breeding or dairy purposes but racing shall not, except in rare and un­ date of acquisition in the case of such which are sold by him in reduction of his usual circumstances, be considered as other livestock. breeding or dairy herd, because of, for ex­ held for racing purposes. (2) In the case of livestock (includ­ ample, drought. Example (3). A taxpayer in the business (2) This paragraph may be illustrated ing cattle or horses) acquired by the tax­ of raising hogs for slaughter customarily by the following examples: payer on or before December 31, 1969, breeds sows to obtain a single litter to be Example (1). The taxpayer breeds, raises, section 1231 applies to the sale, exchange, raised by him for sale, and sells these brood and trains horses for the purpose of racing. or involuntary conversion of such live­ sows after obtaining the litter. Even though Every year he culls some horses from his stock, regardless of age, held by the tax­ these brood sows are held for ultimate sale racing stable. In 1971, the taxpayer decided payer for draft, breeding, or dairy pur­ to customers in the ordinary course of the that in order to prevent his racing stable from poses, and held by him for 12 months or taxpayer’s trade or business, they are con­ getting too large to be effectively operated he more from the date of acquisition. sidered as held for breeding purposes. must cull six horses from it. All six of the Example (4). A taxpayer in the business horses culled by the taxpayer had been raced (3) For the purposes of section 1231, of raising horses for sale to others for use at public tracks in 1970. Under subparagraph the term “livestock” is given a broad, by them as draft horses uses them for draft (1) (i) of this paragraph, all these horses are rather than a narrow, interpretation and purposes on his own farm in order to train considered as held for racing purposes. includes cattle, hogs, horses, mules, don­ them. This use is an ordinary or necessary Example (2). Assume the same facts as in keys, sheep, goats, fur-bearing animals, incident to the purpose of selling the ani­ example (1). Assume further that the tax­ and other mammals. However, it does mals, and, accordingly, these horses are not payer decided to cull four more horses from not include poultry, chickens, turkeys, considered as held for draft purposes. his racing stable in 1971. All these horses had pigeons, geese, other birds, fish, frogs, Example (5). The taxpayer is in the busi­ been trained to race but had not been raced reptiles, etc. ness of raising registered cattle for sale to at public tracks. The taxpayer culled these others for use by them as breeding cattle. four horses because the training log which (b) (1) Whether or not livestock is It is the business practice of this particular the taxpayer maintains on all the horses he held by the taxpayer for draft, breeding, taxpayer to breed the offspring of his herd trains showed these horses to be unfit to dairy, or sporting purposes depends upon which he is holding for sale to others prior remain in his racing stable. Horse A was all of the facts and circumstances in each to sale in order to establish their fitness for culled because it developed shin splints dur­ case. The purpose for which the animal sale as registered breeding cattle. In such ing training. Horses B and C were culled be­ case, the taxpayer’s breeding of such off­ cause of poor temperament. B bolted every is held is ordinarily shown by the tax­ spring is an ordinary and necessary incident tim e a rider tried to m ount-it, and C became payer’s actual use of the animal. How­ to his holding them for the purpose of sell­ extremely nervous when it was placed in the ever, a draft, breeding, dairy, or sport­ ing them as bred heifers or proven bulls and starting gate. Horse D was culled because it does not demonstrate that the taxpayer is did not qualify for retention under one of ing purpose may be present if an animal holding them for breeding purposes. How­ the objective standards the taxpayer bad is disposed of within a reasonable time ever, those cattle held by the taxpayer as established for determining which horses to after its intended use for such purpose is additions or replacements to his own breed­ retain since it was unable to run a specified

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 RULES AND REGULATIONS 18793

distance in a minimum time. These four there are reflected adjustments for amortiza­ with respect to such property of a cal­ horses were disposed of within a reasonable tion under section 169 or 185. endar year taxpayer is $1,000 a year time after the taxpayer determined that they * * * * * • were unfit to remain in his stable. Under (the amount allowable) for each of 10 subparagraph (1) (ii) of this paragraph, all [Sec. 1245 as added by sec. 13(a), Rev. Act years beginning with 1956, only the these horses are considered as held for racing 1962 (76 Stat. 1032) ; amended by sec. 203(d), depreciation deducted in 1962 and suc­ purposes. Rev. Act 1964 (78 Stat. 35); amended by ceeding years shall be treated as re­ secs. 212(a) and 704(b) (4), Tax Reform Act flected in the adjusted basis for pur­ P ar. 3. Section 1.1245 is amended by 1969 (83 Stat. 571,, 670) ] revising subsection (a) (2), by adding poses of determining recomputed basis. P ar, 4. Paragraph (a) (2) of § 1.1245-1 With respect to a taxable year beginning subparagraphs (C) and (D) to section is amended to read as follows: in 1961 and ending in 1962, the deduction 1245(a)(2), by revising subsection (a) for depreciation or amortization shall be (3), by adding a subparagraph (D) to § 1.1245—1 General rule for treatment ascertained by applying the principles section 1245(a) (3), and by amending the of gain from dispositions of certain depreciable property. stated in paragraph (c) (3) of § 1.167(a)- historical note. This amended provision 8 (relating to determination of adjusted reads as follows: (a) General. * * * basis of retired asset). The amount of the § 1.1245 Statutory provisions; gain from (2) Section 1245(a)(1) applies to dis­ deduction, determined in such manner, dispositions of certain depreciable positions of section 1245 property in shall be allocated on a daily basis in order property; recomputed basis. taxable years beginning after Decem­ to determine the portion thereof which ber 31, 1962, except that— Sec. 1245. Gain from dispositions of cer­ is attributable to a period after Decem­ tain depreciable property—(a) General (1) In respect of section 1245 property ber 31, 1961. Thus, for example, if a tax­ rule. * * * which is an elevator or escalator, sec­ payer, whose fiscal year ends on May 31, (2) Recomputed basis. For purposes of this tion 1245(a) (1) applies to dispositions 1962, acquires section 1245 property on section, the term “recomputed basis” after December 31, 1963, and November 12, 1961, and the deduction means— (ii) In respect of section 1245 property for depreciation attributable to the prop­ (A) With respect to any property referred which is livestock (described in subpara­ erty for such fiscal year is ascertained to in paragraph (3) (A) or (B), its ad­ graph (4) of § 1.1245-3(a) ), section justed basis recomputed by adding thereto (under the principles of paragraph (c) (3) all adjustments, attributable to periods after 1245(a) (1) applies to dispositions made of § 1.167 (a)-8) to be $400, then the por­ December 31,1961, in taxable years beginning after Decem­ tion thereof attributable to a period after (B) With respect to any property referred ber 31,1969, and (iii) [reserved]. December 31, 1961, is $302 (151/200 of to in paragraph (3)(C), its adjusted basis * * * * * $400). If, however, the property were recomputed by adding thereto all adjust­ acquired by such taxpayer after Decem­ ments, attributable to periods after June 30, P ar. 6. Paragraph (a) of § 1.1245-2 is 1963, amended by revising subparagraphs (2), ber 31, 1961, the entire deduction for (C) With respect to livestock, its adjusted (6), and (7) to read as follows: depreciation attributable to the property basis recomputed by adding thereto all ad­ for such fiscal year would be allocable justments attributable to periods after De­ § 1.1245—2 Definition of recomputed to a period after December 31, 1961. For cember 31,1969, or basis. treatment of certain normal retirements (D) With respect to any property referred (а) General rule. * * * described in paragraph (e) (2) of § 1.167 to in paragraph (3)(D), its adjusted basis (2) Definition of adjustments reflected (a)-8, see paragraph (c) of § 1.1245-6. recomputed by adding thereto all adjust­ ments attributable to periods beginning with in adjusted basis. The term “adjustments For principles of determining the amount the first month for which a deduction for reflected in the adjusted basis” means— of adjustments for depreciation or amor­ amortization is allowed under section 169 or (i) With respect to qpy property other tization reflected in the adjusted basis of 185, than property described in subdivision property upon'an abnormal retirement reflected in such adjusted basis on account (ii), (iii), or (iv) of this subparagraph, of property in a multiple asset account, of deductions (whether in respect of the same the amount of the adjustments attribu­ see paragraph (c) (3) of § 1.167(a)-8. or other property) allowed or allowable to table to periods after December 31, 1961, * * * * * the taxpayer or to any other person for de­ (ii) With respect to an elevator or (iii) For purposes of determining re­ preciation, or for amortization under section escalator, the amount of the adjust­ computed basis, the amount of adjust­ 168, 169, 184, 185, or 187. For purposes of ments attributable to periods after ments reflected in the adjusted basis of the preceding sentence, if the taxpayer can June 30,1963, establish by adequate records or other suffi­ livestock (described in subparagraph cient evidence that the amount allowed for (iii) With respect to livestock (de­ (2) (iii) of this paragraph) are limited to depreciation, or for amortization under sec­ scribed in subparagraph (4) of §1.1245-3 adjustments attributable to periods after tion 168, 169, 184, 185, or 187, for any period (a) ), the amount of the adjustments December 31,1969. was less than the amount allowable, the attributable to periods after December (7) Depreciation or amortization al­ amount added for such period shall be the 31,1969, or (iv) [reserved] lowed or allowable. For purposes of de­ amount allowed. (3) Section 1245 property. For purposes of which are reflected in the adjusted basis termining recomputed basis, generally this section, the term “section 1245 property” of such property on account of deduc­ all adjustments (for periods after means any property which is or has been tions allowed or allowable for deprecia­ Dec. 31, 1961, or, in the case of prop­ property of a character subject to the allow­ tion or amortization (within the meaning erty described in subparagraph (2) ance for depreciation provided in section 167 of subparagraph (3) of this paragraph). (ii), (iii), or (iv) of this paragraph, (or subject to the allowance of amortization For cases where the taxpayer can estab­ for periods after the applicable date) provided in section 105) and is either— lish that the amount allowed for any 1969, as the case may be) attributable to (A) Personal property, allowed or allowable depreciation or (B) Other property (not including a build­ period was less than the amount allow­ ing or its structural components) but only able, see subparagraph (7) of this para­ amortization must be taken into ac­ if such other property is tangible and has an graph. For determination of adjusted count. See section 1016(a) (2) and the adjusted basis in which there are reflected basis of property in a multiple asset ac­ regulations thereunder for the meaning adjustments described in paragraph (2) for count, see paragraph (c) (3) of § 1.167 of “allowed” and “allowable”. However, a period in which such property (or other (a)-8. if a taxpayer can establish by adequate property) — ♦ * * * * records or other sufficient evidence that (i) Was used as an integral part of manu­ the amount allowed for depreciation or facturing, production, or extraction or of (б) Allocation of adjustments at­ amortization for any period was less than furnishing transportation, communications, tributable to periods after certain dates. electrical energy, gas, water, or sewage dis­ the amount allowable for such period, posal services, or (i) For purposes of determining recom­ the amount to be taken into account for (ii) Constituted research or storage facili­ puted basis, the amount of adjustments such period shall be the amount allowed. ties used in connection with any of the ac­ reflected in the adjusted basis of property Seç paragraph (b) of this section (re­ tivities referred to in clause (i), other than property described in subpara­ (C) An elevator or an escalator, or graph (2) (ii), (iii), or (iv) of this para­ lating to records to be kept and informa­ (D) So much of any real property (other graph are limited to adjustments attrib­ tion to be filed). For example, assume than any property described in subparagraph utable to periods after December 31,1961. that in the year 1967 it becomes neces­ (B)) which has an adjusted basis in which Accordingly, if depreciation deducted sary to determine the recomputed basis

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18794 RULES AND REGULATIONS of property, the $500 adjusted basis of effective date requirements of 5 U.S.C. which reflects adjustments of $1,000 553 is unnecessary and contrary to the Title 38— PENSIONS, BONUSES, with respect to depreciation deductions public interest. Accordingly, this amend­ allowable for periods after December 31, ment shall be effective upon publication AND VETERANS’ RELIEF 1961. If the taxpayer can establish by in the F ederal R egister. adequate records or other sufficient evi­ The Rules of Procedure of the Board Chapter I— Veterans’ Administration dence that he had been allowed deduc­ of Forest Appeals are amended as PART 17—-«-MEDICAL tions amounting to only $800 for the follows: period, then in determining recomputed Charges for Care or Services § 211.101 [Amended] basis the amount added to adjusted basis In § 17.62, paragraph (c) is amended with respect to the $1,000 adjustments 1. Section 211.101 is amended to to read as follows: to basis for the period will be only $800. change the reference "7 CFR 1.101 et ***** seq.” in item (a) of the third sentence to § 17.62 Charges for care or services. read “41 CFR 4-50.201 et seq.”. * * * ♦ * P ar. 5. Paragraph (a) of § 1.1245-3 is amended by revising so much of sub- § 211.105 [Amended] (c) Furnished beneficiaries of the De­ paragraph (1) as precedes subdivision partment of Defense or other Federal 2. Section 211.105(b) is amended to agencies. Except as provided for in para­ (i) and by revising subparagraph (4). change the reference to “§ 211.119” in the The revised provisions read as follows: graph (f) of this section and the second second sentence to read “§ 211.109”. sentence of this paragraph, charges at § 1.1245—3 Definition of section 1245 3. Section 211.106(a) is revised to read rates prescribed by the Office of Manage­ property. as follows: ment and Budget shall be made for any (a) In general: (1) The term “section§ 211.106 Notice of appeal and written inpatient or outpatient care or services 1245 property” means any property statement. authorized for a member of the Armed (other than livestock excluded by the (a) Filing of notice and written state­Forces on active duty or for any bene­ effective date limitation in subparagraph ment. Any decision in either Class 1 or ficiary or designee of any other Federal (4) of this paragraph) which is or has Class 2 which is appealable to the Board agency. Charges for services provided a been property of a character subject to under the provisions of §§211.20 and member or former member of a uni­ the allowance for depreciation provided 211.21 shall be final unless the person formed service who is entitled to retired in section 167 and which is either— adversely affected by the decision files or retainer pay, or equivalent pay, will * * * * * a written notice of appeal to the Board be at rates prescribed by the Administra­ (4) Section 1245 property includes within 30 days from the date of receipt tor (E.O. 11609, dated July 22, 1971, 36 livestock, but only with respect to taxable by him of the decision of the forest of­ F.R. 13747), or years beginning after December 31,1969. ficer. Such filing shall be made with the ***** For purposes of section 1245, the term Board of Forest Appeals, U.S. Depart-» (72 Stat. 1114; 38 U.S.C. 210) “livestock” includes horses, cattle, hogs, ment of Agriculture, Washington, D.C. This VA regulation is effective the date sheep, goats, and mink and other fur­ 20250. In the case of an appeal from bearing animals, irrespective of the use the classification of a case as one within of approval. to which they are put or the purpose for Class 3, the notice of appeal shall be Approved: September 15,1971. which they are held. filed as provided in this paragraph within By direction of the Administrator. [FR Doc.71-13886 Filed 9-21-71;8:46 am] 90 days from the date of receipt by the appellant of the decision of the forest [seal] F red B. R hodes, officer. The time for filing such notices Deputy Administrator. of appeal may not be enlarged by the [FR Doc.71-13919 Filed 9-21-71;8:49 am] Title 36— PARKS, FORESTS, Board. In addition, the party prosecuting the appeal shall file a written statement^ of reasons why the decision appealed AND MEMORIALS from is contrary to, or in conflict with, Title 41— PUBUC CONTRACTS Chapter II— Forest Service, the facts, the law, or the regulations of Department of Agriculture the Secretary of Agriculture, or is other­ wise in error. The written statement of AND PROPERTY MANAGEMENT PART 211— ADMINISTRATION reasons shall be filed with the Board Chapter 9— Atomic Energy within the 30-day or 90-day period, as Commission Subpart C— Rules of Procedure of the the case may be, specified as the period Board of Forest Appeals in which notice of appeal shall be filed PART 9—7— CONTRACT CLAUSES M iscellaneous T echnical A mendments or within such additional time for filing the statement as may be granted by the Subpart 9—7.50— Use of Standard The Rules of Procedure of the Board Chairman. Clauses of Forest Appeals in Subpart C of Part 211 (§§ 211.101 to 211.119, 31 F.R. 16357, §§211.107, 211.108, 211.110, 211.111, E xamination of R ecords 34 F.R. 12341, 36 CFR 211.101 to 211.119) 211.112, 211.116, 211.118, 211.119 The revision to AECPR Part 9-7 is [Amended] are amended pursuant to the authority made in order to conform with A m en d ­ of 30 Stat. 35, as amended, 16 U.S.C. 551, 4. All references to the “Hearing ment No. 90 of the Federal Procurement 50 Stat. 526, 7 U.S.C. 1011(f), R.S. 161 as Clerk” in §§ 211.107(a), 211.108(b), 211.- Regulations. amended, 5 U.S.C. 22. 110, 211.111 (a) and (d), 211.112, 211.116 1. In Subpart 9-7.50, Use of Standard The purpose of this amendment is to (f), 211.118 (a) and (g), and 211.119 (a), Clauses, § 9-7.5004-10, Examination of make technical changes relating to in­ (b), and (d) are hereby deleted and the records, is revised to read as follows: ternal management to effect a transfer term “Board” substituted therefor. ***** to the Board of Forest Appeals of cer­ Effective date: Upon publication in the § 9 -7 .5 0 0 4 -1 0 Examination o f records. tain clerical functions in connection with F ederal R egister (9-22-71). the filing of appeals, service of documents See FPR 1-7.101-10. See Notes A and B and maintenance of official files under Dated: September 15,1971. below for required addition and modifi­ the Appeal Regulation (36 CFR 211.20 to J oh n A. H arris, cation of the clause set forth in FPR 211.37). Such functions were previously Chairman, 1-7.101-10. assigned to the Hearing Clerk. In addi­ Board of Forest Appeals. Note A: The following paragraph, (e) tion, two cross-references are corrected. Dated: September 17, 1971. should be added, whenever possible in Pri“Je Since these technical amendments re­ contracts, both for the protection of the late to internal management, it is hereby Alfred L. E dwards, Government and the Contractor. It may e found that voluntary compliance with Deputy Assistant Secretary. omitted only with the approval of the di­ rector, Division of Contracts, Headquarters, the notice, public procedure and 30-day [FR Doc.71-13946 Filed 9-21-71;8:51 am] FEDERAL REGISTER, VOL. 36, NO. 1 84— WEDNESDAY, SEPTEMBER 22, 1971 RULES AND REGULATIONS 18795 upon a specific determination, based on con­ § 73.501 Physical establishment, equip­ on the third, fourth, or fifth day of incu­ statation w ith the Office of the Controller ment, animals and care. bation and on the seventh or eighth day and the Office of the General Counsel, that * * * •» * and on the last day of the incubation nothing in the contract purports to pre­ clude an audit by the General Accounting (e) * * * period. If growth appears, repeat tests Office of any transaction thereunder. (2) Spore-bearing organisms for sup­may be performed as prescribed in para­ (e) Nothing in this contract shall be plemental sterilization procedure control graph (b) of this section and interpreted deemed to preclude an audit by the General test. Spore-bearing organisms used as an as specified in paragraph (c) of this Accounting Office of any transaction under additional control in sterilization proce­ section. this contract. (ii) Final container material contain­ Note B: In cost-type prime and cost-type dures may be introduced into areas used for the manufacture of products, only ing a mercurial preservative. In addition subcontracts substitute the words “unless to the test prescribed in subparagraph the Commission authorizes their prior dis­ for the purposes of the test and only position” for the words “for such lesser time immediately before use1 for such pur­ (1) (i) of this paragraph, final container specified in either Appendix M of the Armed poses: Provided, That (i) the organism material containing a mercurial preserv­ Servicse Procurement Regulation or the is not pathogenic for man or animals and ative shall be tested using Fluid Thio- Federal Procurement Regulations Part 120 does not produce pyrogens or toxins, (ii) glycollate Medium following the proce­ as appropriate.” the culture is demonstrated to be pure, dures prescribed in such subparagraph, Note C : Contracts exempt from audit rider. (iii) transfer of test cultures to culture except" that the incubation shall be at a The examination of records clause is not re­ temperature of 20° to 25° C. quired in contracts with any foreign govern­ media shall be limited to the sterility ment or agency thereof or in contracts with test area or areas designated for work (2) Using Soybean-Casein Digest foreign producers. with spore-bearing organisms, (iv) each Medium. Except for products contain­ ***** culture be labeled with the name of the ing a mercurial preservative, a test shall be made on final container material, fol­ (Sec. 161, Atomic Energy Act of 1954, as microorganism and the statement “Cau­ amended, 68 Stat. 948, 42 U.S.C. 2201; sec. tion : microbial spores. See directions for lowing the procedures prescribed in sub- 205, Federal Property and Administrative storage, use and disposition/’, and (v) paragraph (1) (i) of this paragraph, Services Act of 1949, as amended, 63 Stat. the container of each culture is designed except that the medium shall be Soy­ 390, 40 U.S.C. 486) to withstand handling without breaking. bean-Casein Digest Medium and the * * * # # incubation shall be at a temperature of Effective date. These amendments are 20° to 25° C. effective upon publication in the F ederal 2. Section 73.730 is revised to read as (b) Repeat tests— (1) Repeat bulk R egister (9-22-71). follows: test. If growth appears in the test of the For the U.S. Atomic Energy Com­ § 73.730 Sterility. bulk material, the test may be repeated mission. to rule out faulty test procedures by Except as provided in paragraphs (f) testing at least the same volume of Dated at Germantown, Md. this 15th and (g) of this section, the sterility of material. day of September 1971. each lot of each product shall be demon­ (2) First repeat final container test. strated by the performance of the tests J oseph L. S m ith , If ^growth appears in any test (Fluid Director, Division of Contracts. prescribed in paragraphs (a) and (b) Thioglycollate Medium or Soybean- of this section for both bulk and final [FR Doc.71-13874 Filed 9-21-71; 8:45 am] Casein Digest Medium) of final con­ container material. tainer material, the test may be repeated (a) The test. Bulk material shall be to rule out faulty test procedures by tested separately from final container testing material from a sample of at material and material from each final least the same number of final Title 42— PUBLIC HEALTH container shall be tested in individual containers. test vessels as follows: (3) Second repeat final container test. Chapter I— Public Health Service, De­ (1) Using Fluid Thioglycollate Me­ partment of Health, Education, and dium— (i) Bulk and final container If growth appears in any first repeat Welfare final container test (Fluid Thioglycollate material. The volume of product, as re­ Medium or Soybean-Casein Digest Me­ quired by paragraph (d) of this section SUBCHAPTER F— QUARANTINE, INSPECTION, dium), that test may be repeated pro­ LICENSING (hereinafter referred to also as the “inoculum”) , from samples of both bulk vided there was no evidence of growth PART 73— BIOLOGICAL PRODUCTS in any test of the bulk material and and final container material, shall be material from a sample of twice the S terility T ests and U se op inoculated into test vessels of Fluid number of final containers used in the Thiogly collate Medium. The inoculum S pore-B earing O rganisms first test is tested by the same method and medium shall be mixed thoroughly On February 17, 1971, a notice of pro­ used in the first test. and incubated at a temperature of 30° (c) Interpretation of test results. The posed rule making was published in the to 32° C. for a test period of no less than F ederal R egister (36 F.R. 3070) pro­ results of all tests performed on a lot 14 days and examined visually for evi­ shall be considered in determining posing to amend Part 73 of the Public dence of growth on the third, fourth, or Health Service regulations by revising whether or not the lot meets the require­ fifth day and on the seventh or eighth ments for sterility, except that tests may § 73.501(e) (2) Spore-tearing organisms day and on the last day of the test period. for supplemental sterilization procedure Results of each examination shall be be excluded when demonstrated by ade­ control test and § 73.730 Sterility. recorded. If the inoculum renders the quate controls to be invalid. The lot Views and arguments respecting the medium turbid so that the absence of meets the test requirements if no growth proposed standards were invited to be growth cannot be determined reliably appears in the tests prescribed in para­ submitted within 30 days after publica­ graph (a) of this section. If repeat tests by visual examination, portions of this are performed, the lot meets the test tion of the notice in the F ederal R egister turbid medium in amounts of no less and notice was given of intention to than 1.0 ml. shall be transferred on the requirements if no growth appears in the make any amendments that were adopted third, fourth, or fifth day of incubation, tests prescribed in paragraph (b) (2) or effective 30 days after publication in the (3) of this section, whichever is from each of the test vessels and inocu­ applicable. F ederal R egister. lated into additional vessels of medium. After consideration of all comments The material in the additional vessels (d) Test samples and volumes—(1) submitted, the following amendments to shall be incubated at a temperature of Bulk. Each sample for the bulk sterility Part 73 of the Public Health Service reg­ test shall be representative of the bulk 30° to 32° C. for no less than 14 days. material and the volume tested shall be ulations are hereby adopted to become Notwithstanding such transfer of mate­ no less than 10 ml. (Note exceptions in effective 30 days after publication in the rial, examination of the original vessels paragraph (g) of this section.) F ederal R egister. shall be continued as prescribed above. (2) Final containers. The sample for 1. Section 73.501(e)(2) is revised to The additional test vessels shall be ex­ the final container and first repeat final read as follows; amined visually for evidence of growth container test shall be no less than 20

FEOERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 No. 184—Pt. I- 18796 RULES AND REGULATIONS final containers from each filling of each Fluid Thioglycollate Medium shall be (3) Different tests equal or superior. lot, selected to represent all stages of such as is shown to provide favorable A different test (such as membrane fil­ filling from the bulk vessel. If the amount aerobic and anaerobic growth of micro­ tration as set forth in paragraph (f) of of material in the final container is 1.0 organisms throughout the test period. this section) may be performed provided ml. or less, the entire contents shall be (iii) Ratio of the inoculum to culture that prior to the performance of such tested. It the amount of material in the medium. The ratio of the inoculum to the test a manufacturer submits data which final container is more than 1.0 ml., the volume of the culture medium resulting the Director, National Institutes of volume tested shall be the largest single in a dilution of the product that is not Health, finds adequate to establish that dose recommended by the manufacturer bacteriostatic or fungistatic shall be de­ the different tést is equal or superior to or 1.0 ml., whichever is larger, but no termined for each product, except for the tests described in paragraphs (a) and more than 10 ml. of material or the en­ those tested by membrane filtration. Ves­ (b) of this section in detecting contami­ tire contents from a single final con­ sels of the product-medium mixture (s) nation and makes the finding a matter tainer need be tested. If more than two and control vessels of the medium shall of official record. filling machines, each with ^either single be inoculated with dilutions of cultures (4) Test precluded or not required. or multiple filling stations, are used for of bacteria or fungi which are sensitive The tests prescribed in this section need filling one lot, no less than 10 filled con­ to the product being tested, and incubated not be performed for Whole Blood (Hu­ tainers shall be tested from each filling at the appropriate temperature for no man), Cryoprecipitated Antihemophilic machine, but no more than 100 con­ less than 7 days. Inhibitors or neutral­ Factor (Human), Red Blood Cells (Hu­ tainers of each lot need be tested. The izers of preservatives may be considered man), Single Donor Plasma (Human), items tested shall be representative of in determining the proper ratio. Smallpôx Vaccine and other similar prod­ each filling assembly and shall be (f) Membrane filtration. Bulk and ucts concerning which the Director, Na­ selected to represent all stages of the final container material of products con­ tional Institutes of Health, finds that filling operation. (Note exceptions in taining oil or products in water insoluble the mode of administration, the method paragraph (g) of this section.) ointments shall be tested for sterility of preparation or the special nature of (e) Culture medium— (1) Formulae.using the membrane filtration procedure the product precludes or does not require (i) The formula for Fluid Thioglycollate set forth in The United States Pharma­ a sterility test. Medium is as follows: copeia 1 (18th Revision, 1970), section en­ (5) Viscid or turbid products. Alterna­ titled “Membrane Filtration,” pages 853- tive Thioglycollate Medium may be used F luid T hioglycollate Medium 854, except that (1) the test samples in place of Fluid Thioglycollate Medium 1-cystine ______0. 5 Gm. shall conform with paragraph (d) of this for the testing of products that are vis­ Sodium chloride______2. 5 Gm. section, (2) the temperature of incuba­ cid or turbid or otherwise do not lend Dextrose (CeH1206 H20 ) ______5. 5 Gm. tion for the test using Fluid Thioglycol­ themselves to culturing in Fluid Thiogly­ Granular agar (less than 15% 0.75 Gm. collate Medium, provided it has been moisture by w eight). late Medium shall be 30° to 32° C. and (3) in addition, for products containing freshly prepared or has been heated on a Yeast extract (water-soluble) _ 5. 0 Gm. steam bath or in free-flowing steam and Pancreatic digest of casein___ 15. 0 Gm. a mercurial preservative, the product Purified water______1,000. 0 ml. shall be tested in a second test using cooled just prior to use and is used in a Sodium thioglycollate (or thi- 0.5 Gm. Fluid Thioglycollate Medium incubated suitable vessel that will maintain aero­ oglycolic acid—0.3 ml.). at 20° to 25° C. in lieu of the test in bic and anerobic conditions throughout Resazurin (0.10% solution, 1.0 ml. Soybean-Casein Digest Medium. Such the incubation period. The formula for freshly prepared). Membrane Filtration section is hereby the Alternative Thioglycollate Medium pH after sterilization 7.1 ±0.2 incorporated by reference and deemed follows: (ii) The formula for Soybean-Casein published herein. The United States Alternative T hioglycollate Medium Digest Medium is as follows: Pharmacopeia is available at most medi­ 1-cystine ______0.5 Gm. S oybean-Casein D igest Medium cal and public libraries and copies of the Sodium chloride______2.5 Gm. pertinent section will be provided to any Dextrose (CgH1208H20 ) ______5.5 Gm. Pancreatic Digest of C a s e i n - 17. 0 Gm. manufacturer affected by the provisions Yeast extract (water soluble)__ 5.0 Gm. Papaic Digest of Soybean 3.0 Gm. of this part upon request to the Director, Pancreatic digest of casein______15.0 Gm. Meal. Purified water______1,000.0 ml. Sodium Chloride— :______5. 0 Gm. Division of Biologies Standards or the Sodium thioglycollate (or thio- Dibasic Potassium Phosphate- 2. 5 Gm. appropriate Information Center Offices glycollic acid—0.3 m l.)______0.5 Gm. Dextrose (C6H120 6-H20 ) ______2. 5 Gm. listed in 45 CFR Part 5. In addition, an pH after sterilization 7.1 ±0.2. Purified water______1,000. 0 ml. official historic file of the material in­ pH after sterilization 7.3 ±0.2 corporated by reference is maintained in (6) Number of final containers more than 20, less than 200. If the number of (2) Culture media requirements— (i) the Office of the Director, Division of Biologies Standards. final containers in the filling is more Growth promoting qualities. Each lot of than 20 or less than 200, the sample dehaydrated medium bearing the manu­ (g) Exceptions. Bulk and final con­ shall be no less than 10 percent of the facturer’s identifying number, or each tainer material shall be tested for ste­ containers. lot of medium prepared from basic in­ rility as described above in this section, (7) Number of final containers—20 or gredients, shall be tested for its growth- except as follows: less. If the number of final containers promoting qualities using not more than (1) Different sterility tests prescribed. in a filling is 20 or less, the sample shall 100 organisms of two or more strains of When different sterility tests are pre­ be two final containers, or the sample microorganisms that are exacting in scribed for a product in this part. need be no more than one final container, their nutritive and aerobic-anaerobic (2) Alternate incubation tempera­ provided (i) the bulk material met the requirements. tures. Two tests may be performed, in all sterility test requirements and (ii) after (ii) Conditions of medium and design respects as- prescribed in paragraph filling, it is demonstrated by testing a of test vessels. A medium shall not be (a)(1) (i) of this section, one test using simulated sample that all surfaces to used if the extent of evaporation affects an incubation temperature of 18° to which the product was exposed were free its fluidity, nor shall it be reused in a 22° C., the other test using an incubation of contaminating microorganisms. The sterility test. Fluid Thioglycollate temperature of 35° to 37° C., in lieu of simulated sample shall be prepared by Medium shall not be used if more than performing one test using an incubation rinsing the filling equipment with sterile the upper one-third has acquired a pink temperature of 30° to 32° C. 1.0 percent peptone solution, pH 7.1±0.1, color. The medium may be restored once which shall be discharged into a final by heating on a steam bath or in free- 1 Published by the United States Pharma- container by the same method used for flowing steam until the pink color dis­ copeial Convention, Inc., 12601 Twinbrodk filling the final containers" with the appears. The design of the test vessel for Parkway, Rockville, MD 20852. product.

FEDERAL REGISTER. VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 RULES AND REGULATIONS 18797

(8) Samples—large volume of product PART 32— HUNTING in final containers. For Normal Serum Title 50— WILDLIFE AND Albumin (Human), Normal Human J. Clark Salyer National Wildlife Plasma, Antihemophilic Plasma (Hu­ FISHERIES Refuge, N. Dak. man), Plasma Protein Fraction (Hu­ man) and Fibrinogen (Human), when Chapter I— Bureau of Sport Fisheries The following special regulation is the volume of product in the final con­ and Wildlife, Fish and Wildlife issued and is effective on date of publica­ tion in the F ederal R egister (9-22-71). tainer is 50 ml. or more, the final con­ Service, Department of the Interior tainers selected as the test sample may § 32.12 Special regulations; migratory contain less than the full volume of PART 32— HUNTING game birds; for individual wildlife refuge areas. product in the final containers of the Horicon National Wildlife Refuge, filling from which the sample is taken: North D akota Provided, That the containers and clo­ Wis. sures of the sample are identical with The following special regulation is is­ J. CLARK SALYER NATIONAL WILDLIFE REFUGE those used for the filling to which the sued and is effective on date of publica­ Public hunting of geese on the J. Clark test applies and the sample represents all tion in the F ederal R egister (9-23-71). Salyer National Wildlife Refuge, N. Dak., stages of that filling. § 32.32 Special regulations ; big game, is permitted from October 1 through (9) Diagnostic products not intended for individual wildlife refuge areas. December 14, 1971, and: the hunting of for injection. For diagnostic products not ducks and coots is permitted from Octo­ intended for injection, (i) only the Thi- Wisconsin ber 1 through December 9, 1971, and the oglycollate Medium test incubated at 30° HORICON NATIONAL WILDLIFE REFUGE hunting of common snipe (Wilson’s) is to 32° C. is required, (ii) the volume of permitted from October 1 through No­ The public hunting of deer and foxes vember 14, 1971, but only on the area material for the bulk test shall be no on the Horicon National Wildlife Ref­ designated by signs as open to migratory less than 2.0 ml., and (iii) the sample uge, Wis., is permitted only on the area waterfowl hunting. This open area com­ for the final container test shall be no designated by signs as open to hunting, prising 2,850 acres is delineated on a map during the period November 20 through less than three final containers if the November 28, 1971, with designated fire­ available at the refuge headquarters, total number filled is 100 or less, and, arms, and during the period December 4 Upham, N. Dak., and from the Regional if greater, one additional container for through December 31, 1971, with bow Director, Bureau of Sport Fisheries and each additional 50 containers or fraction and arrow. The open area, comprising Wildlife, Federal Building, Fort Snelling, thereof, but the sample need be no more 20,700 acres, is delineated on maps Twin Cities, Minn. 55111. Hunting shall than 10 containers. available at refuge headquarters, May- be in accordance with all applicable State ville, Wis., and from the Regional Di­ (10) Immune globulin preparations. rector, Bureau of Sport Fisheries and and Federal regulations subject to the For immune globulin preparations, the Wildlife, Federal Building, Fort Snelling, following special conditions: test samples from the bulk material and Twin Cities, Minn. 55111. Hunting shall (1) Blinds—Temporary blinds of ap­ from each final container need be no be in accordance with all applicable proved material may be constructed. more than 2.0 ml. State regulations. (2) Retrieving Zones—Retrieving zones (Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. The provisions of this special regula­ will be designated by signs. Possession of 216; sec. 351, 58 Stat. 702, as amended; 42 tion supplement the regulations which firearms in retrieving zones is prohibited. U.S.C. 262) govern hunting on wildlife refuge areas The provisions of this special regula­ Dated: September 16,1971. generally, which are set forth in Title 50, tion supplement the regulations which Code of Federal Regulations, Part 32, R obert Q. Marston, govern hunting on wildlife refuges gen­ Director, and are effective through January 1, erally which are set forth in Title 50, National Institutes of Health. 1972. R obert G. P ersonius, Code of Federal Regulations, Part 32, and Note: Incorporation by reference pro­ Refuge Manager, Horicon Na­ are effective through December 14, 1971. vision in § 73.730(f) approved by the Di­ tional Wildlife Refuge, May- S. E. J orgensen, rector of the Federal Register on Sep­ ville, Wis. Acting Regional Director. tember 21, 1971. September 14, 1971. September 10,1971. [PR Doc.71-13891 Filed 9-21-71;8:46 am] [PR Doc.71-13892 Filed 9-21-71;8:47 am] [PR Doc.71-13876 Piled 9-21-71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18798 Proposed Rule Making

not subject to a Federal operating li­ volving the suspension of a permit pur­ DEPARTMENT OF DEFENSE cense or permit, a public hearing be held suant to subsection 21(b)(4), shall be if the Secretary of the Army proposes limited to consideration or whether or not Department of the Army, to suspend a Department of the Army there has been a violation of any of the Corps of Engineers permit for that facility or activity be­ terms or conditions of the permit. With cause of notification by the certifying respect to a hearing pursuant to subsec­ [ 33 CFR Part 209 1 authority that applicable water quality tion 21(b)(4), the hearing shall be limited to consideration of whether or ADVERSARY PUBLIC HEARINGS RE­ standards will be violated. (ii) In addition, the regulation pre­not operation of the permitted facility or QUIRED BEFORE ISSUANCE, MODI­ scribes the practice and procedure for activity will violate applicable water FICATION, SUSPENSION OR reaching a final decision after a public quality standards. With respect to a REVOCATION OF PERMITS hearing conducted pursuant to this hearing pursuant to subsection 21(b) (2) concerning the proposed issuance of a Proposed Practice and Procedure section. (2) When such a hearing is required, permit, the hearing shall be limited to Notice is hereby given that the regula­ the matter shall be reported to the Chief consideration of the objections of the tion set forth in tentative form below of Engineers, Attention: ENGGC-K. objecting State to issuance of the re­ is proposed by the Secretary of the Army (b) Conduct of a Public Hearing. (1) quested Department of the Army permit. (acting through the Corps of Engineers). Any public hearing held pursuant to this (c) Burden of proof. In a hearing in­ The proposed regulation prescribes the section shall be conducted in accordance volving the proposed modification, sus­ practice and procedure for Adversary with the Administrative Procedure Act, pension or revocation of a Department of Public Hearings required before issuance, 5 U.S.C. 551 et seq. the Army permit, other than a proposed modification, suspension or revocation (2) A hearing examiner appointed suspension pursuant to subsection 21 of a Department of the Army permit. pursuant to 5 U.S.C. 3105 shall preside (b) (4), the burden of proof shall be on The proposed regulation also prescribes at the public hearing. The hearing exam­ the party or parties to the hearing (see the practice and procedure for any pub­ iner shall have authority to (i) adminis­ paragraph (f) of this section) asserting lic hearing required by subsections 21 ter oaths and affirmations; (ii) issue that a term or condition of the permit (b) (2) and (b) (4) of the Federal Water subpoenas authorized by law; (iii) rule has been violated. With respect to a hear­ Pollution Control Act, as amended (33 upon offers of proof and receive relevant ing pursuant to subsection 21(b) (4), the U.S.C. 1171 (b)(2) and (b)(4). certifying authority has the burden of evidence; (iv) take or cause depositions proving that operation of the permitted Prior to the adoption of the proposed to be taken; (v) regulate the course of regulation, consideration will be given to f acility or activity will violate applicable the hearing; (vi) hold conferences for water quality standards. With respect to any comment, suggèstions, or objections the settlement or simplification of the thereto which are submitted in writing a hearing pursuant to subsection 21(b) to thè Office of the Chief of Engineers,' issues by consent of the parties; (vii) (2), the applicant for the permit has the dispose of procedural requests or similar burden of proving that the permit can be Washington, DC. 20314, Attention: matters; (viii) examine witnesses; (ix) ENGCW-ON, within a period of 45 days conditioned in a manner that will insure from the date of publication of this no­ consider facts in the record and argu­ compliance with the objecting State’s ments or contentions made or questions water quality standards. tice in the F ederal R egister. involved; (x) set the dates for the sub­ Dated September 16,1971. mission of transcript corrections, pro­ (d) Decision after a public hearing. posed findings and conclusions and sup­ (1) In each case, the entire record includ­ K. B. Cooper, ing the findings and recommended de­ Brigadier General, USA, porting reasons for the proposed findings cision of the hearing examiner, shall be Acting Director of Civil Worlds. and conclusions; (xi) in his discretion or on the motion of the Chief of Engineers certified to the Chief of Engineers or his § 209.132 Adversary public hearings re­ or his designee, certify questions to the designee for decision. The decision of the quired before issuance, modification, Chief of Engineers or his designee for Chief of Engineers or his designee shall suspension or revocation of permits. be final 30 days after the decision and consideration and disposition; (xii) rec­ a certified copy of the record of the public (a) Purpose. (1) (i) This section pre­ ommend decisions which shall include a hearing are filed with the Secretary of scribes the practice and procedure for statement of (a) findings and conclu­ the Army or his designee unless, within any public hearing required before a De­ sions, and the reasons or basis therefor, that 30-day period, there is a review partment of the Army permit can be on all the material issues of fact, law, or ordered on the motion of the Secretary modified', suspended or revoked. It also discretion presented on the record, and of the Army or his designee. In a case prescribes the practice and procedure (b) the appropriate rule, order, sanction, reviewed by the Secretary of the Army or for any public hearing required by sub­ relief, or denial thereof ; (xiii) certify and his designee, his decision shall be final. sections 21 (b)(2) and (b)(4) of the file with the Chief of Engineers or his All decisions, including the decision of Federal Water Pollution Control Act, as designee a copy of the record of the hear­ the Clyef of Engineers or his designee amended (33 U.S.C. 1171(b)(2) and (b) ings, recommended decision, and state­ and the decision of the Secretary of the (4)). Subsection 21(b)(2) of the Fed­ ment of the appropriate rule, order, sanc­ Army or his designee, if there is one, shall eral Water Pollution Control Act, as tion, relief, or deniel thereof; (xiv) take be based on the hearing record and shall amended (hereinafter subsection 21(b) any other action consistent with the reg­ include a statement of (i) 'findings and (2)), requires that a public hearing be ulations of the Chief of Engineers and conclusions, and the reasons or basis held at the request of a State, other than subchapter II, chapter 5, title 5 of the thereof, on all the material issues of fact, the State in which a discharge originates, United States Code, entitled “Adminis­ law, or discretion presented on the record, which objects to the issuance of a De­ trative Procedure,” and chapter 7, title 5 and (ii) the appropriate rule, order, sanc­ partment of the Army permit because of the United States Code, entitled tion, relief, or denial thereof. such discharge will affect the quality of “Judicial Review.” (2) The scope of any decision made its waters so as to violate its water qual­ (3) The scope of any hearing con­ pursuant to this regulation, including ity standards. Subsection 21(b)(4) of ducted pursuant to this regulation shall any finding, conclusion, rule, order, sanc­ be limited as follows. A hearing concern­ the Federal Water Pollution Control Act, tion, relief, or denial stated in the de­ as amended (hereinafter subsection 21 ing the proposed modification, suspen­ (b) (4) ), requires that, prior to the ini­ sion or revocation of a Department of-the cision, shall be as follows. The decision tial operation of a facility or activity Army permit, other than a hearing in­ as to whether or not to modify, suspend

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 PROPOSED RULE MAKING 18799 or revoke a Department of the Army per­ than those standards on which the objec­ Engineers (see § 209.120 (f) and (g) and mit, other than suspension pursuant to tion of the objecting State is based, and § 209.131 (k)). subsection 21(b)(4), shall be based on an related water quality considerations and (f) Designation of parties to a public evaluation of whether or not there has shall direct that the permit be denied if hearing. The hearing examiner shall been a violation of any of the terms or the Administrator finds or determines designate as parties to the hearing as conditions of the permit. The decision as that the proposed discharge or deposit many of the following persons, agencies, to whether or not to suspend a Depart­ would violate applicable water quality firms, or other entities as are appropri­ ment of the Army permit pursuant to standards, other than those on which the ate: The applicant for the permit or the subsection 21(b) (4) shall be based on an objection of the objecting State is based. permittee, as the case may be; the Dis­ evaluation of whether or not operation of Moreover, there may be cases in which trict Engineer of the Corps of Engineers the permitted facility or activity will vio­ the District Engineer will decide to con­ with whom the application was filed or late applicable water quality standards. duct informational public hearings pur­ who issued the permit, as the case may With respect to a permit application re­ suant to paragraphs (k) (1) and (4) of be; the appropriate Regional Repre­ quiring a hearing pursuant to subsection § 209.131 in addition to the adversary sentative of the Environmental Protec­ 21(b) (2), the decision shall be limited to public hearings conducted pursuant to tion Agency; the appropriate Regional whether or not the permit can be con­ this section. Coordinator or Field Representative of ditioned in a manner which will satisfy (e) Notice concerning a public hear­the Department of the Interior; the ap­ the objection of the objecting State that ing. (1) At least 30 days in advance of a propriate Regional Director of the Na­ its water quality standards will be vio­ hearing, the hearing examiner shall tional Marine Fisheries Service, National lated. If it is determined that the permit designate a time and place for the hear­ Oceanic and Atmospheric Administra­ cannot be so conditioned, it shall be ing. All persons designated as parties to tion, Department of Commerce; the denied. the hearing (see paragraph if) of this certifying State; the objecting State; the (3) In every case involving a Depart­section) and the public shall be informed interstate agency; and any other persons, ment of the Army permit under 33 U.S.G. by means of a public notice of: agencies, firms or other entities whose 407, the Refuse Act (see § 209.131), the (1) The time, place, and nature of the participation in the hearing is deemed Chief of Engineers or his designee, and hearing; necessary to develop the issues which will the Secretary of the Army or his des­ (ii) The legal authority and jurisdic­ be presented at the hearing. ignee, if he reviews the case, shall con­ tion under which the hearing is to be (g) Delegation of authority by the sult with the Administrator of the En­ held; and Secretary of the Army or the Chief of vironmental Protection Agency or his (iii) The matters of fact and law as­ Engineers. The Secretary of the Army or designee before making a final decision. serted. the Chief of Engineers may delegate his authority under these regulations, in­ All findings, determinations, and inter­ The public notice shall be prepared in a pretations respecting water quality cluding but not limited to, his authority standards and related water quality con­ clear, concise, and objective style. to review the record and make a decision. (a) All public notices concerning Such delegation may be made to a siderations and other recommendations hearings required before a Department and the reasons therefor provided by the designee who is not a hearing examiner of the Army permit can be modified, sus­ appointed pursuant to 5 U.S.C. 3105. Only Administrator or his designee during pended or revoked, other than hearings such consultation shall be placed in the a hearing examiner authorized to act involving the suspension of a permit pur­ pursuant to 5 U.S.C. 3105 shall have the record upon which the final decision is suant to subsection 21(b) (4), shall con­ based. tain the following: authority to preside at hearings held (i) With respect to the proposed modi­ pursuant to this section. fication, suspension, or revocation of a The decision as to whether or not the De­ partment of the Army permit which is the [PR Doc.71-14008 Filed 9-21-71;8:53 am] Refuse Act permit, including a proposed subject of this hearing will be (modified) suspension pursuant to subsection 21(b) (suspended) (revoked) will be based on an (4), the Chief of Engineers or his des­ evaluation of whether or not there has been ignee, and the Secretary of the Army or a violation of any of the terms or conditions DEPARTMENT OF THE INTERIOR his designee, if he reviews the case, shall of the permit. accept and make his determinations and (b) All public notices concerning Bureau of Land Management final decision consistent with the find­ hearings pursuant to subsection 21(b) [43 CFR Parts 3000, 3045, 3104, ings, determinations, and interpreta­ (4) shall contain the following: tions of the Administrator of the En­ 3200 1 vironmental Protection Agency or his The decision as to whether or not the De­ partment of the Army permit which is the GEOTHERMAL RESOURCES LEASING designee respecting water quality stand­ subject of this hearing will be suspended will ards and related water quality consider­ be based on an evaluation of whether or pot AND OPERATIONS ON PUBLIC, AC­ ations. operation of the permitted facility or activity QUIRED, AND WITHDRAWN LANDS (ii) (a) With respect to the issues will violate applicable water quality stand­ concerning an application for a Refuse ards. Notice of Time Extension for Act permit which are raised during a (c) All public notices concerning Comments on Proposed Rule Making hearing pursuant to subsection 21(b) (2), hearings pursuant to subsection 21(b)(2) The time within which written com­ the Chief of Engineers or his designee, shall contain the following: ments on the proposed rule making to and the Secretary of the Army or his implement the Geothermal Steam Act of designee, if he reviews the case, shall This hearing will be limited to considera­ tion of the objections of the State of (name December 24, 1970 (84 Stat. 1566), pub­ give careful consideration to the findings, of objecting State) to issuance of the re­ lished in the F ederal R egister, Volume determinations, and interpretations of quested Department of the Army permit. 32, No. 142, Part II, on July 23, 1971, is the Administrator of the Environmental The decision after the hearing will be based hereby extended from September 21, Protection Agency or his designee re­ on an evaluation of whether or not the per­ -1971, to November 12,1971. specting water quality standards and mit can be conditioned in a manner which At the request of interested parties, related water quality considerations. will satisfy the objection of the State of the time period for submission of com­ (b) All other aspects of the permit (name of objecting State) that its water quality standards will be violated. If it is ments on these proposed regulations has application process shall be handled pur­ determined that the permit cannot be so been extended to give the general public suant' to § 209.131. Accordingly, the Chief conditioned, it will be denied. an opportunity to review the draft en­ of Engineers or his designee, and the vironmental statement prepared in ac­ Secretary of the Army or his designee, if (2) In addition to the parties to a he reviews the case, shall accept the find­ hearing, copies of the public notice shall cordance with provisions of section 102 ings, determinations, and interpretations be sent to all other persons who would (2) (C) of the National Environmental of the Administrator of the Environ­ normally receive a public notice for an Policy Act of 1969 prior to the closing of mental Protection Agency or his designee informational public hearing under ap­ the comment period on the proposed reg­ respecting water quality standards, other plicable regulations of the Chief of ulations. Accordingly, interested parties

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18800 PROPOSED RULE MAKING may submit written comments, sugges­ nance of the shelf life of creamed cottage Welfare prior to December 31, 1971, for tions, or objections with respect to the cheese. appropriate consideration and possible proposed regulations to the Geothermal In consideration of the fact that the inclusion in such a revision. Any com­ Coordinator, Department of the Interior, supporting background to the petition ments that may be received in response Washington, D.C. 20240, at any time contains data showing that a level of to this notice will be available for public prior to the close of business, Novem­ more than 0.10 percent sorbic acid may inspection in Room 3025, 330 Independ­ ber 12,1971. impart a detectable off-flavor to the ence Avenue SW., Washington, DC, dur­ W. T. P ecora, creamed cottage cheese and that a level ing regular business hours. Under Secretary. of sorbic acid 0.075 percent was effective Dated: September 15,1971. in extending the shelf life of creamed S eptember 17, 1971. cottage cheese without flavor defects, the R odney H. B rady, [PR Doc.71-13944 Piled 9-21-71;8:51 am] Commissioner proposes, in the event that Assistant Secretary for sorbic acid and sorbates are designated Management and Administration. as optional ingredients in § 19.530, that [FR Doc.71-13890 Filed 9-21-71;8:49 am] Geological Survey the limit be set at not more than 0.075 [ 30 CFR Part 270 1 percent, calculated as sorbic acid. Pursuant to provisions of the Federal GEOTHERMAL RESOURCES LEASING Food, Drug, and Cosmetic Act (secs. 401, DEPARTMENT OF AND OPERATIONS ON PUBLIC, AC­ 701, 52 Stat. 1046, 1055, as amended 70 QUIRED, AND'WITHDRAWN LANDS Stat. 919, 72 Stat. 948; 21 U.S.C. 341, 371) and in accordance with authority dele­ TRANSPORTATION Extension of Time for Comments gated to the Commissioner of Food and Federal Aviation Administration Drugs (21 CFR 2.120), interested persons [ 14 CFR Part 39 ] Cross R eference: For a document re­ are invited to submit their views in writ­ lating to geothermal resources leasing ing (preferably in quintuplicate) regard­ [Docket No. 11417] and operations see F.R. Doc. 71-13944, ing this proposal within 60 days after Bureau of Land Management, supra. SIAI-MARCHETT1 MODELS S.205 AND its date of publication in the F ederal R egister. Such views and comments S.208 AIRPLANES should be addressed to the Hearing Clerk, Proposed Airworthiness Directive Department of Health, Education, and DEPARTMENT OF HEALTH, Welfare, Room 6-62, 5600 Fishers Lane, The Federal Aviation Administration Rockville, Md. 20852, and may be accom­ is considering amending Part 39 of the EDUCATION, AND WELFARE panied by a memorandum or brief in Federal Aviation Regulations by adding support thereof. Received comments may an airworthiness directive applicable to Food and Drug Administration be seen at the above office diming regular SIAI-Marchetti Models S.205 and S.208 business hours, Monday through Friday. airplanes. There have been reports of [ 21 CFR Part 19 1 cases of fuselage frame cracks in the Dated: September 13,1971. CREAMED COTTAGE CHEESE STAND­ areas of the wing front spar attach points V irgil O. W odicka, that could result in structural failure of ARD; PROPOSAL TO LIST SORBIC Director, Bureau of Foods. the wing spar attachments on Models ACID, SODIUM SORBATE, AND [FR Doc.71-13934 Filed 9-21-71:8:50 am] S.205 and S.208 airplanes. Since this con­ POTASSIUM SORBATE AS OP­ dition is likely to exist or develop in other TIONAL INGREDIENTS airplanes of the same type design, the Office of the Secretary proposed airworthiness directive would Notice is given that a petition has been require modification of the fuselage filed by Milk Industry Foundation, 910 [ 45 CFR Part 15 1 frame within the next 100 hours’ time 17th Street NW., Washington, D.C. in service or before the accumulation of 20006, proposing that the standard of FEDERAL AND FEDERALLY ASSISTED PROGRAMS 600 hours’ time in service, whichever identity for creamed cottage cheese (21 occurs later, and periodic inspection of CFR 19.530) be amended to permit list­ Relocation Assistance and Real the fuselage frame for cracks pending the ing as optional ingredients the following Property Acquisition Policies modification. substances complying with § 121.101 of Interested persons are invited to par­ the food additive regulations (21 CFR The regulations of the Department of ticipate in the making of the proposed 121.101) : Sorbic acid, sodium sorbate, Health, Education, and Welfare dealing rule by submitting such written data, and potassium sorbate. The petition pro­ with relocation assistance and real prop­ views, or arguments as they may desire. poses that the added sorbic acid or sor- erty acquisition policies are published as Communications should identify the bates in the finished food shall be limited a regulation in Part n of this issue of docket number and be submitted in du­ to not more that 0.10 percent, by weight, the F ederal R egister as Part 15 of Title plicate to the Federal Aviation Admin­ calculated as sorbic acid. Appropriate 45 of thè Code of Federal Regulations. istration, Office of the General Counsel, label declaration of the addition of the It is contemplated that by approximately Attention: Rules Docket, GC-24, 800 preservatives is proposed. December 31,1971, those regulations, will Independence Avenue, SW., Washington, Grounds given in support of the pro­ be revised in the light of the definitive DC 20591. All communications received posal are: (1) It is in the consumer’s guidelines being developed by the Office on or before October 21,1971, will be con­ interest to extend the shelf life of of Manpower and Budget and in the light sidered by the Administrator before tak­ creamed cottage cheese by retarding the of such comments on those regulations ing action upon the proposed rule. The growth of microflora which produce off- as may be received by this Department, proposals contained in this notice may flavors and odors at ordinary refrigera­ in order to comply as fully as practicable be changed in the light of comments re­ tion temperatures; (2) the proposed sor­ with the provisions of subsection (b)(1) ceived. All comments will be available, bic acid and its sodium and potassium of section 213 of Public Law 91-646 (42 both before and after the closing date salts are GRAS substances and are effec­ U.S.C. 4633) with respect to fairness, rea­ for comments, in the Rules Docket for sonability and uniformity. tive as inhibitors to the growth of molds, examination by interested persons. Accordingly, notice is hereby given yeasts, and a variety of psychrophilic In consideration of the foregoing, it is that comments of interested parties with proposed to amend § 39.13 of Part 39 of spoilage bacteria; and (3) changes in respect to those regulations should be manufacturing practices, distribution, forwarded to the Facilities Engineering the Federal Aviation Regulations by and home consumption patterns have and Construction Agency, Office of the adding the following new airworthiness placed a heavy burden on the mainte- Secretary of Health, Education, and directive :

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 PROPOSED RULE MAKING 18801

Siai-Marchetti. Applies to Model S. 205, mechanisms and prevent the gear from Issued in Los Angeles, Calif., on Sep­ Serial Nos. 001 through 003,-101 through locking in the down position. Since this tember 13, 1971. 104, 106 through 108, 110 through 399, 4r- condition is likely to exist or develop in Ly n n L. H in k , 101 through 4-104, 4-106 through 4-133, other airplanes of the same type design, 4-135 through 4-165, 4-167 through 4- Acting Director, 202, 4—204 through 4r-206, 4-208 through the proposed airworthiness directive FAA Western Region. would require an inspection and rework 4-235, 4-237 through 4-252, 4-256 [FR DOC.71-139Q2 Filed 9-21-71;8:47 am] through 4-268, 4r-271, 4-273, 4-274, 4r-277 schedule in accordance with McDonnell through 4—282, 4r-285, 5-302, and 5-303; Douglas Service Bulletin 32-102, Rev. 4, and to Model S. 208, Serial Nos. 001 òr later FAA approved revision, or an through 003, 1-03 through 1-12, 1-14, 1- equivalent FAA approved procedure. [ 14 CFR Part 71 1 15, 2-16 through 2-19, 2-48 through 2- Interested persons are invited to par­ [Airspace Docket No. 71-CE-99] 50, 3-100, and 4-51 airplanes. ticipate in the making of the proposed Compliance required as indicated. TRANSITION AREA To prevent structural failure of the wing rule by submitting such written data, front spar attachments to the fuselage views, or arguments as they may desire. Proposed Designation frame, accomplish the following: Communications should identify the (a) For airplanes with 500 or more hours’ docket number and be submitted in dupli­ The Federal Aviation Administration time in service on the effective date of this cate to the Department of Transporta­ is considering amending Part 71 of the AD, within the next 100 hours’ time in serv­ tion, Federal Aviation Administration, Federal Aviation Regulations so as to ice after the effective date of this AD com­ Western Region, Attention: Regional designate a transition area at Crystal ply with paragraph (c). (b) For airplanes with less than 500 Counsel, Airworthiness Rules Docket, Lake, HI. hours’ tirqe in service on the effective date Post Office Box 92007, World Way Postal Interested persons may participate in of this AD— Center, Los Angeles, CA 90009. AIT com­ the proposed rule making by submitting (1) W ithin the next 100 hours’ tim e in munications received within 30 days af­ such written data, views, or arguments service after the effective date of this AD, ter publication of this notice in the F ed­ as they may desire. Communications and thereafter at intervals not to exceed 100 eral R egister will be considered by the should be submitted in triplicate to the hours’ time in service from the last inspec­ Administrator before taking action upon Director, Central Region, Attention: tion, until modified in accordance with para­ Chief, Air Traffic Division, Federal Avi­ graph (c), visually inspect, using a magni­ the proposed rule. All comments will be fying glass of at least 5 powers, the wing available, both before and after the clos­ ation Administration, Federal Building, front spar attachments to the fuselage frame ing date for comments, in the Airworthi­ 601 East 12th Street, Kansas City, MO 2BIS, P/N 205-1-043-01 for cracks in accord- ness Rules Docket for examination by 64106. * All communications received andce with SIAI-Marchetti Service Bulletin interested persons. within 45 days after publication of this No. 205B28, dated May 11, 1971, or an FAA- This amendment is proposed under the notice in the F ederal R egister will be approved equivalent. If cracks are found authority of sections 313(a), 601, and 603 considered before action is taken on the during an inspection required by this para­ of thè Federal Aviation Act of 1958 (49 proposed amendment. No public hearing graph, before further flight, comply with U.S.C. 1354(a), 1421, 1423) and of sec­ is contemplated at this time, but ar­ paragraph (c). rangements for informal conferences (2) Before the accumulation of 600 hours’ tion 6(c) of the Department of Trans­ time in service comply with paragraph (c). portation Act of (49 U.S.C. 1655(c)). with Federal Aviation Administration (c) Modify both sides of the fuselage In consideration of the foregoing, it officials may be made by contacting the frame No. 2BIS, P/N 205-1-043-01, in accord­ is proposed to amend § 39.13 of Part 39 Regional Air Traffic Division Chief. Any ance with SIAI-Marchetti Service Bulletin of the Federal Aviation Regulations by data, views, or arguments presented dur­ No. 205B28, dated May 11, 1971, or an FAA- adding the following new airworthiness ing such conferences must also be sub­ approved equivalent. directive : mitted in writing in accordance with this notice in order to become part of This amendment is proposed under McD onnell D ouglas. Applies to all Model the authority of sections 313(a), 601, DC-8 series airplanes. the record for consideration. The pro­ and 603 of the Federal Aviation Act of Compliance required within the next 3,000 posal contained in this notice may be hours time in service after the effective date changed in the light of comments 1958 (49 U.S.C. 1354(a), 1421, 1423) and of this AD, unless already accomplished received. of section 6(c) of the Department of within the last 9,500 hours’ time in service, Transportation Act (49 U.S.C. 1655(c)). and thereafter at intervals not to exceed A public docket will be available for 12,500 hours’ tim e in service from the last examination by interested persons in the Issued in Washington, D.C., on Sep­ inspection. Office of the Regional Counsel, Federal tember 14, 1971. To prevent failures of the main landing Aviation Administration, Federal Build­ W illiam G. S hreve, Jr., gear retract cylinder attach pin, accomplish ing, 601 East 12th Street, Kansas City, Acting Director, the following in accordance with McDonnell MO 64106. Douglas DC-8 Service Bulletin No. 32-102, Flight Standards Service. Rev.'4, dated May 4, 1970, or later FAA ap­ In September 1971, the Northbrook [FR Doc.71-13898 Filed 9-21-71;8:47 am] proved revision, or an equivalent procedure VORTAC will be relocated with the re­ approved by the Chief, Aircraft Engineering sult that the public use instrument ap­ Division, FAA Western Region. proach procedure will be changed. Ac­ [1 4 CFR Part 39 1 (a) Remove retract pin and inspect retract cordingly, it is necessary to designate a pin lock bolt hole, surface of retract pin, and 700-foot-transition area at Crystal Lake, [Airworthiness Docket No. 71-WE-15-AD] inner surface of retract pin boss for corrosion HI., to provide controlled airspace pro­ and cracks. tection for aircraft executing the McDo n n ell d o u g la s m o d e l d c-8 (b) If corrosion is found, rework to remove SERIES AIRPLANES all traces of corrosion. If cracks are found in changed procedure. retract pin, discard the pin. In consideration of the foregoing, the Proposed Airworthiness Directive (c) ReinstaU pin, with particular care be­ Federal Aviation Administration pro­ The Federal Aviation Administration ing used in obtaining moisture proof seal poses to amend Part 71 of the Federal is considering amending Part 39 of the around the retract pin lock bolt. Aviation Regulations as hereinafter set Federal Aviation Regulations by adding Upon request of the operator, an FAA forth: an airworthiness directive applicable to maintenance inspector, subject to prior In § 71.181 (36 F.R. 2140), the follow­ McDonnell Douglas Model DC-8 series approval of the Chief, Aircraft Engineer­ ing transition area is added: airplanes. There have been failures of ing Division, FAA Western Region, may Crystal Lake, III. the main landing gear retract cylinder adjust the repetitive inspection intervals That airspace extending upward from 700 attach pins due to stress corrosion on specified in this AD to permit compliance feet above the surface, within a 4.5-mile DC-8 airplanes which cause the loss of at an established inspection period of radius of the Crystal Lake Airport (latitude gear retraction ability for that gear. the operator if the request contains sub­ 42#12'12" N., longitude 88°19'27" W.); ex­ Free falling of the gear with a broken stantiating data to justify the increase cluding the portion within the Chicago, 111., Pin can also cause damage to the bungee for that operator. transition area.

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18802 PROPOSED RULE MAKING

This amendment is proposed under the This amendment is proposed under the each side of the 273° and 090° bearings from authority of section 307(a) of the Fed­ the airport extending from the 5-mile-radius authority of section 307(a) of the Fed­ zone to the 8.5 miles west and east of the eral Aviation Act of 1958 (49 U.S.C. eral Aviation Act of 1958 (49 U.S.C. airport excluding that portion within the 1348), and of section 6(c) of the Depart­ 1348), and of section 6(c) of the Depart­ Columbus, Ohio, control zone. This control ment of Transportation Act (49 U.S.C. ment of Transportation Act (49 U.S.C. zone shall be effective from 0700 to 2300 1655(c)). 1655(c)>. hours, local time, daily. Issued in Kansas City, Mo., on Sep­ Issued in Kansas City, Mo., on Sep­ This amendment is proposed under the tember 2, 1971. tember 2, 1971. authority of section 307(a) of the Fed­ eral Aviation Act of 1958 (49 U.S.C. Chester W . W ells, Chester W . W ells, Acting Director, Central Region. Acting Director, Central Region. 1348), and of section 6(c) of the Depart­ ment of Transportation Act (49 U.S.C. [PR Doc.71-13899 Piled 9-21-71;8:47 am] [PR Doc.71-13900 Piled 9-21-71;8:47 am] 1655(c)). Issued in Kansas City, Mo., on Septem­ [ 14 CFR Part 71 1 [ 14 CFR Part 71 ] ber 2, 1971. [Airspace Docket No. 71—GE—107] [Airspace Docket No. 71-CE-108] Chester W . W ells, Acting Director, Central Region. TRANSITION AREA CONTROL ZONE [FR Doc.71-13901 Filed 9-21-71;8:47 am] Proposed Alteration Proposed Alteration The Federal Aviation Administration The Federal Aviation Administration [ 14 CFR Part 121 1 is considering amending Part 71 of the is considering amending Part 71 of the Federal Aviation Regulations so as to Federal Aviation Regulations so as to [Docket No. 10358] alter the transition area at Tiffin, Ohio. alter the control zone at Columbus LIMITATION ON USE BY CERTAIN CER­ Interested persons may participate in (Ohio State University Airport), Ohio. TIFICATE HOLDERS OF PILOTS THAT the proposed rule making by submitting Interested persons may participate in such written data, views, or arguments the proposed rule making by submitting HAVE REACHED THEIR 60TH BIRTH­ as they may desire. Communications such written data, views, or arguments DAY should be submitted in triplicate to the as they may desire. Commuriications Notice of Public Hearing Director, Central Region, Attention: should be submitted in triplicate to the Chief, Air Traffic Division, Federal Avia­ Director, Central Region, Attention: Notice was issued on June 11,1971, and tion Administration, Federal Building, Chief, Air Traffic Division, Federal Avia­ published in the F ederal R egister (36 601 East 12th Street, Kansas City, MO tion Administration, Federal Building, F.R. 11456) postponing the public hear­ 64106. All communications received 601 East 12th Street, Kansas City, MO ing originally scheduled for June 15, within 45 days after publication of this 64106. All communications received 1971, to receive the views of all interested notice in the F ederal R egister will be within 45 days after publication of this persons concerning proposals to amend considered before action is taken on the notice in the F ederal R egister will be Part 121 of the Federal Aviation Regu­ proposed amendment. No public hearing considered before action is taken on the lations by amending or revoking § 121.383 is contemplated at this time, but ar­ proposed amendment. No public hearing (c), the “age 60” rule. The postponed rangements for informal conferences is contemplated at this time, but ar­ public hearing lias been reset for 9:30 with Federal Aviation Administration rangements for informal conferences a.m., October 19, 1971, at Federal Build­ officials may be made by contacting the with Federal Aviation Administration of­ ing 10A, 800 Independence Avenue SW., Regional Air Traffic Division Chief. Any ficials may be made by contacting the Washington, DC. data, views, or arguments presented dur­ Regional Air Traffic Division Chief. Any After evaluating the comments re­ ing such conferences must also be sub­ data, views, or arguments presented dur­ ceived at the hearing -and other avail­ mitted in writing in accordance with this ing such conferences must also be sub­ able data, the FAA will determine notice in order to become part of the mitted in writing in accordance with this whether or not further rule making ac­ record for consideration. The proposal notice in order to become part of the tion is warranted. If it is determined that contained in this notice may be changed record for consideration. The proposal such action is warranted, a subsequent in the light of comments received. contained in this notice may be changed notice of proposed rule making will be A public docket will be available for in the light of comments received. issued containing the specific terms of examination by interested persons in the A public docket will be available for proposed amendments to Part 121. Office of the Regional Counsel, Federal examination by interested persons in the Subpart M of Part 121 prescribes air­ Aviation Administration, Federal Build­ Office of the Regional Counsel, Federal man and crewmember requirements for ing, 601 East 12th Street, Kansas City, Aviation Administration, Federal Build­ all Part 121 certificate holders. Section MO 64106. ing, 601 East 12th Street, Kansas City, 121.383(c) of that subpart reads as A new public use instrument approach MO 64106. follows: procedure has been developed for the Since designation of controlled air­ § 121.383 Airman: Limitations on use of Seneca County Airport, Tiffin, Ohio. Ac­ space, a new public use instrument ap­ services. cordingly, it is necessary to alter the proach procedure has been established ♦ * * * * Tiffin, Ohio, transition area to adequately for the Ohio State University Airport, (c) No certificate holder may use the serv­ protect aircraft executing the new ap­ Columbus, Ohio. Accordingly, it is neces­ ices of any person as a pilot on an airplane proach procedure. sary to alter the Columbus (Ohio State engaged in operations under this part if that In consideration of the foregoing, the University Airport), Ohio, control zone person has reached his 60th birthday. No Federal Aviation Administration pro­ to provide controlled airspace for the person may serve as a pilot on an airplane protection of aircraft executing the new engaged in operations under this part if that poses to amend Part 71 of the Federal person has reached his 60th birthday. Aviation Regulations as hereinafter set approach procedure. forth: In consideration of the foregoing, the Because of wide interest in this matter, Federal Aviation Administration pro­ the FAA has decided that it would be in In § 71.181 (36 F.R. 2140), the follow­ poses to amend Part 71 of the Federal the public interest to give all interested ing transition area is amended to read: Aviation Regulations as hereinafter set parties an opportunity to comment on T iff in , Ohio forth: the need for change. The hearing will be That airspace extending upward from 700 In § 71-171 (36 F.R. 2055), the follow­ an informal hearing conducted by a feet above the surface within a 7-mile radius ing control zone is amended to read: designated representative of the Adm in­ istrator under 14 CFR 11.33. It will not of the Seneca County Airport (latitude Columbus, Ohio (Ohio State U niversity 41°05'38'' N., longitude 83°12'45" W.); Airport) be a judicial or evidentiary type hearing, within 3 miles each side of the 053° bearing so there will be no cross-examination of from the Seneca County Airport extending Within a 5-mile radius of the Ohio State persons presenting statements (5 U.S.C. from the 7-mile-radius area to' 8.5 miles University Airport (latitude 40°04'40" N., northeast of the airport. longitude 83°04'30" W.); w ithin 3 miles sed. 553).

FEDERAL REGISTER, VOL. 36, ND. 184— WEDNESDAY, SEPTEMBER 22, 1971 PROPOSED RULE MAKING 18803 The FAA Presiding Officer will make time required for his initial statement. A transcript of the hearing will be an opening statement presenting, in In addition, any person who is unable made; anyone may buy a copy of the brief, the history of § 121.383(c). Inter­ to attend the hearing may submit rele­ ested persons will then have an oppor­ vant written comments. These comments transcript from the reporter.. tunity to present their initial oral state­ must also be received by the FAA by This notice is issued under the author­ ments and rebuttal statements in the October 15, 1971, to be made a part of ity of sections 313 (a) and (c), 601, and order determined by the Presiding Offi­ the hearing record. However, it is not 604 of the Federal Aviation Act of 1958 cer. These statements should focus on necessary to again submit written com­ (49 U.S.C. 1354 (a) and (c), 1421, 1424), the need to retain or to amend ments previously made, since those com­ and section 6 (c) of the Department of § 121.383(c). ments will be considered by the FAA. All Interested persons are invited to at­ communications concerning this hearing Transportation Act (49 U.S.C. 1655(c)). tend the hearing and present oral or should be addressed to the Office of the Issued in Washington, D.C., on Sep­ written statements on the matters set General Counsel, Rules Docket, GC-24, tember 16, 1971. forth herein that will be made a part of Federal Aviation Administration, De­ the record of the hearing. Any person partment of Transportation, Washing­ W illiam G. Shreve, Jr., who wishes to make an oral statement at ton, D.C. 20591, marked “Attention: Pre­ Acting Director, the hearing should notify the FAA by siding Officer, Public Hearing on Age 60 Flight Standards Service. October 15, 1971, stating the amount of Rule.” - s [FR Doc.71-13921 Filed 9-21-71:8:49 am]

FEDERAL REGISTER, VOL. 36, NO, 184— WEDNESDAY, SEPTEMBER 22, 1971 No. 184—Pt. I -----5 18804 Notices

The Steens Mountain Recreation Sec. 9, SE% and S%SW%; DEPARTMENT OF THE INTERIOR Lands include Class II—General Outdoor Sec. 10, SE%NE%, E%SW%NE%, E%SW% Recreation Areas, Class III—Natural SW%NE%, N%NE%SW%, and NW% Bureau of land Management SW%;; Environment Areas, and Class VI—His­ Sec. 11, N%NW%NW%, SW%NW%NW%, [OR 8201] toric and Cultural Sites under the Bureau and W % SW % N W %; of Outdoor Recreation system of classi­ Sec. 17, N%N% and SW%NW%; OREGON fication. Sec. 18, lots 7 and 8, S%NE%, and SE% Designation of Steens Mountain Maxwell T. Lieurance, NW% (formerly lot 3, S%NE%, SE% Acting State Director. NW%, and NE%SW%). Recreation Lands T. 17 N„ R. 6 E., [PR Doc.71-13887 Piled£-21-71;8:46 am] S eptember 15,1971. Sec. 4, NW%NW% (formerly lot 2 of the NW%); Pursuant to the authority in 43 CFR, [A 5941; Power Project No. 1363] Sec. 5, lots 1 and 2, SW%NE%, and S% Subpart 2070, and the authorization NW%; from the Director dated June 29, 1970,1 ARIZONA Sec. 6, lots 14, 15, and 16, SE%NE%, N% hereby designate the public lands in the NW%SE%, and NE%SE% (formerly lot following described areas as the Steens Order Providing for Opening of Lands 6, S%NE%, N%NW%SE%, NE%SEi/4, Mountain Recreation Lands: and NE%SW%). By virtue of the authority contained T. 18 N., R. 6 E„ W illam ette Meridian * in section 24 of the Act of June 10, 1920 Sec. 1, lot 2, SW%NE%, and SE%; T. 32 S., R. 32% E., (41 Stat. 1075; 16 U.S.C. 818), as Sec. 12, lots 1 to 4, inclusive (formerly E% Secs. 1 to 3, inclusive; amended, and in accordance with Bu­ E%); Sec. 4, E%NE%, S%S%, and NE%SE%; reau of Land Management Order No. 701 Sec. 13, lots 1 to 4, inclusive (formerly E% Sec. 5, SE%SE%; dated July 23, 1964 (29 F.R. 10526), as E%); Sec. 8, E%NE%, SW%NE%, SE%NW%, E % Sec. 24, NE%NE%; amended, and pursuant to the vacating . Sec. 25, E%NE%, SW%NE%, N%SE%, E% SW%, and SE%; order of the Federal Power Commission Secs. 9 to 36, inclusive. SW%, and SW%SW%; T. 33 S., R. 32% E-. (36 F.R. 14515, Aug. 6,1971), it is ordered Sec. 26,SE%SE%; . Secs. 1 to 36, inclusive. as follows: ' Sec. 34, lot 5, SE%NE%, N%SE%, and T. 34 S., R. 32% E., 1. The following described lands, so NE%SW%; Secs. 1 to 18, inclusive. Sec. 35, N%NE%, E%NW%, and SW% T. 32 S., R. 32% E., far as they are withdrawn and reserved NW%. Secs. 5 to 8, inclusive; for power purposes, are hereby restored T. 19 N„ R. 6 E„ Secs. 17 to 22, inclusive; to disposition under applicable public Sec. 25, E%SE%; Sec. 25, S%; Sec. 36, E%E% and W%SE%. Sec. 26, S%; land laws from the withdrawal for Fed­ T. 18 N., R. 7 E„ Secs. 27 to 36, inclusive. eral Power Project No. 1363 dated Sec. 8, lots 1, 6, 7, and 12; T. 33 S., R. 32% E., April 30,1936, as amended September 29, Sec. 17, lot 1; Secs. 1 to 36, inclusive. Sec. 20, lots 1, 5, 6, 8,11, and 12; T. 34 S., R. 32-3/4 E., 1936, subject to valid existing rights and Sec. 29, lots 1 and 2. Secs. 1 to 36, inclusive. the provisions of existing withdrawals: T. 19 N., R. 7 E., Sec. 5, lot 4 (formerly NW%NW%); T. 32 S., R. 33 E„ G ila and Salt R iver Meridian, Arizona Secs. 22 and 23; Sec. 6, lot 1, SE%NE%, and E%SE% Secs. 26 and 27; All portions of the following tracts, lying (formerly E%E%); Sec. 28, S% S%; within 25 feet of the centerline of the trans­ Sec. 7, lots 5 and 6, and E%NE%; Sec. 29, S%; mission line location shown on a map desig­ Sec. 17, SW%NW% and W%SW%; Sec. 30, S%; nated “Exhibit K” and entitled “Showing Sec. 18, lots 1 and 4; Secs. 31 to 35, inclusive. Right-of-Way, The Arizona Power Corpo­ Sec. 20, W%W%; T. 32% S., R. 33 E., ration, the Flagstaff Transmission Line Sec. 29, lots 1, 2, and 3. Secs. 20 to 29, inclusive; Through Public, Private, and State Lands, T. 20 N., R. 7 E„ Secs. 32 to 36, inclusive. Prescott, Yavapai County, Arizona” and filed Sec. 5, lot 4, SW%NW%, and W%SW%; T. 33 S., R. 33 E., in the office of the Federal Power Commis­ Sec. 7, NE%NE%, S%SE%SE%NE%, NE% Secs: 1 to 5, inclusive; sion on February 11,1936. NE%SE%, and NE%SE%NE%SE%; Secs. 8 to 17, inclusive; T. 16 N., R. 3 E., Sec. 17, W%NW; Sec. 29, SW%NW% and W%SW% (for­ Secs. 20 to 29, inclusive; Sec. 9, NE% . merly W%W%); Secs.- 32 to 36, inclusive. • T. 17 N., R. 3 E., T. 34 S., R. 33 E„ Sec. 25,S%SE% and SE%SW% (uns.); ' Sec. 31, SE%NE% and E%SE%; Secs. 1 to 5, inclusive; Sec. 32, W%W%. Sec. 34, lots 1 and 5; T. 21 N„ R. 7 E„ Secs. 8 to 17, inclusive; Sec. 35, E%NE%, SW%NE%, SE%NW%, Secs. 20 to 29, inclusive; Sec. 19, SE%; N%SW%, andSW%SW% (uns.); Sec. 30, NE%NE%, E%SE%NE%, and E% Secs. 32 to 36, inclusive. Sec. 36, N%NW% (uns.). T. 32 S., R. 34 E., SE%; T. 17 N., R. 4 E., Sec. 31, E%NE% and NE%SE%. Secs. 7 to 9, inclusive; Sec. 13, SE% and S%SW%; Secs. 16 to 21, inclusive; Sec. 14, SE%SE%; Secs. 28 to 33, inclusive. The areas described, including both Sec. 21, NE%SE% and S%S%; public and nonpublic lands, aggregate T. 33 S., R. 34 E., Sec. 22, S%NE%, NW%SE%, and N%SW%; Secs. 4 to 9, inclusive; approximately 240 acres in Yavapai and Secs. 16 to 21, inclusive; Sec. 23, N%N% and SW%NW%; Coconino Counties. Secs. 28 to 33, inclusive. Sec. 24, NW%NW%; Sec. 28, N%NW%; The lands are withdrawn as part of the T. 34 S., R. 34 E., Coconino National Forest, and are under Secs. 4 to 9, inclusive; Sec. 29, N%NE%, SW%NE%, and S% Secs. 16 to 21, inclusive; NW%; the jurisdiction of the Department of Secs. 28 to 33, inclusive. Sec. 30, lots 3 and 4, SE%NE%, N%SE%, Agriculture. In addition to the with­ and NE%SW%. The areas described aggregate about T. 17N..R. 5E., drawal for national forest purposes, some 193,806 acres, of which approximately Sec. 1, NE%SE%, SE%NW%SE%, W% of the lands are withdrawn for a Forest NE%SW%, SE%SW%, and W%SW%; Service guard station and administra­ 140,607 acres are public lands adminis­ Sec. 2, N%S%SE%, N%SE%SW%, and tered by the Bureau of Land Manage­ SW%SW%; tive site; some of the lands are patented, ment. The lands are in Harney County. Sec. 8, SE%SE%; and some are deeded for special purposes.

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 NOTICES 18805

The status of any tract may be ascer­ 1969, the Department of the Interior has not justified, they may make application tained by inquiry of the Chief, Division prepared a final environmental state­ to have the ruling reconsidered or termi­ of Technical Services, hereinafter named. ment relating to the proposed construc­ nated. Due notice will be given of any 2. Until November 29, 1971, the State tion and operation of a sea water distil­ termination or change in these related of Arizona shall have the preferred right lation module of VTE/MSF design of party determinations. of application for highway easement or approximately 3 m.g.d. capacity in Dated: September 16, 1971. for highway material site purposes (16 Orange County, Calif., in cooperation U.S.C. 818), as to the unappropriated with the Orange County Water District. R auer H. Meyer, lands. Reading copies of the final environ­ Director, Office of Export Control. 3. At 10 a.m. on November 29,1971, the mental statement are available in the [FR Doc.71-13897 Filed 9-21-71;8:47 am] unappropriated lands shall be open to Office of Saline Water, Room 5358 of the such forms of disposition as may by law Interior Building in Washington, D.C. be made of national forest lands. They and at the Orange County Water District have been open to applications and offers offices in Santa Anna, Calif. Copies may DEPARTMENT OF AGRICULTURE under the mineral leasing laws, and to be obtained for $3 by writing the Na­ location under the U.S. mining laws sub­ tional Technical Information Service, Packers and Stockyards ject to the provisions of the Act of Au­ Department of Commerce, Springfield, Administration gust 11, 1955 (69 Stat. 682; 30 U.S.C. Va. 22151. 621). PHIL CLARK AND SONS SALES CO., J ohn W. Larson, ET AL. Inquiries concerning the lands should Assistant Secretary of the Interior. be addressed to the Chief, Division of Posted Stockyards Technical Services, Arizona State Office, S eptember 15, 1971. Bureau of Land Management, 3022 Fed­ [FR Doc.71-13895 Filed 9-21-71;8:47 am] Pursuant to the authority delegated eral Building, Phoenix, Ariz. 85025, or under the Packers and Stockyards Act, Regional Forester, Forest Service, U.S. 1921, as amended (7 U.S.C. 181 et seq.), Department of Agriculture, 517 Gold on the respective dates specified below, it Avenue, SW., Albuquerque, NM 87101. DEPARTMENT OF COMMERCE was ascertained that the livestock mar­ kets named below were stockyards within R iley E. F oreman, Bureau of International Commerce the definition of that term contained in Acting State Director. [Case 421] section 302 of the Act, as amended (7 September 15, 1971. U.S.C. 202), and notice was given to the SCANTRONIC AB AND SWEDISH owners and to the public by posting no­ [FR Doc.71-13879 Filed 9-21-71;8:46 am] ELECTRONIC EXPORT GROUP AB tices at the stockyards as required by [Serial No. N-2573] Notice of Related Party said section 302. Determinations Name, location of stockyard and date of NEVADA posting In the matter of Scantronic AB and Termination of Notice of Proposed Swedish Electronic Export Group AB I owa Classification of Public Lands for (Swedelex), 32 Filmgatan, S-171 02 Phil Clark and Sons Sales Co., Knoxville, Transfer Out of Public Ownership Solna 2, Sweden. June 15, 1971. An order dated June 28, 1971, effective K en t u ck y September 13,1971. July 7, 1971, was entered by the Office of Mammoth Cave Marketing Corporation, 1. F.R. Doc. 70-15821 appearing at Export Control, Bureau of International Sm iths Grove, August 10, 1971. page 18067 of the issue of Wednesday, Commerce, U.S. Department of Com­ November 25, 1970, and an amendment merce, against Marcus Dannoff, doing Oklahom a thereto, F.R. Doc. 71-1406 appearing at business as Scanmec International Man­ Collinsville Livestock Exchange, Inc., Collins­ page 1916 of the issue of Wednesday, ufacturing Sales Organization, of Solna, ville, September 1, 1971. February 3, 1971, identified 3,720 acres Sweden, denying all privileges of par­ T exas of public land proposed to be classified ticipating in any manner or capacity in for transfer out of Federal ownership Franklin County Livestock Commission Co., exportations from the United States of Mount Vernon, August 20, 1971. under authority of section 8 of the Taylor commodities or technical data for a Grazing Act (43 USC 316g). period of 5 years. This order was pub­ W is c o n sin 2. As a result of those notices, a num­ lished in the F ederal R egister on July 7, Wisconsin Feeder Pig Marketing Cooperative, ber of protests and objections were raised 1971 (36 F.R. 12802). Lancaster, May 12, 1971. to the proposal. There was no evident Section 388.1(b) of the Export Control Done at Washington, D.C., this 16th public support for the classification. It Regulations provides, in part, that to the day of September 1971. has therefore been determined that there extent necessary to prevent evasion of would be no advantage to the public to any order denying export privileges, said G. H. H opper, proceed with classification. order may be made applicable to parties Chief Registrations, Bonds, and 3. The notice of proposed classification other than those named in the order with Reports Branch, Livestock is hereby terminated. The segregative whom said named parties may then or Marketing Division. effect afforded by the proposed classifica­ thereafter be related by ownership, con­ [FR Doc. 71-13955 Filed 9-21-7l;8:52 am] tion is terminated upon publication of trol, position of responsibility, affiliation, this notice in the F ederal R egister or other connection in the conduct of (9-22-71). trade or related services. It has been de­ termined by the Office of Export Control DEPARTMENT OF HEALTH, Edward F. S pang, that within the purview of said section, Acting State Director, Nevada. Scantronic AB and Swedish Electronic [FR Doc.71-13883 Filed 9-21-71;8:46 am] Export Group AB (Swedelex), both lo­ EDUCATION, AND WELFARE cated at the above address, are related Food and Drug Administration Office of the Secretary parties to Marcus Dannoff. Under these determinations the terms and restric­ ATLAS CHEMICAL INDUSTRIES, INC. ORANGE COUNTY, CALIF. tions of the outstanding denial order Notice of Filing of Petition for Food Final Environmental Statement; Pro­ against said Dannoff are effective against said related parties. Additive posed Sea Water Distillation Module The said related parties are being noti­ Pursuant to provisions of the Federal Pursuant to section 1 0 2 (2 ) (C) of the fied of these determinations and advised Food, Drug, and Cosmetic Act (sec. 409 National Environmental Policy Act of that if they contend that the ruling is (b)(5), 72 Stat. 1786; 21 U.S.C. 348(b)

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18806 NOTICES

(5) ), notice is given that a petition (PAP Department is amended to transfer the 3. Assists the operating agencies in 2A2713) has been filed by Atlas Chem­ HEW Fellows Program from the Assist­ their international program responsibil­ ical . Industries, Inc., Wilmington, Del. ant Secretary (Planning and Evaluation) ities and represents the Department, in 19899, proposing that § 121.1030 Poly- to the Assistant Secretary for Adminis­ cooperation with the operating agencies sorbate 60 (21CFR 121.1030) be amended tration and Management. when appropriate, in discussions of in­ to provide for the safe use of polysorbate Section 1. Chapter 1-G, “The Assist­ ternational policy matters with repre­ 60 as an emulsifier in chocolate flavored ant Secretary (Planning and Evalua­ sentatives of executive departments or syrup. tion),” is amended to delete from Sec. agencies, international organizations, or 1-G.20, paragraph H.5 under “Office of the private sector. Reviews all formal Dated: September 13,1971. Special Concerns,” the HEW Fellows agreements with other departments and V irgil O. W odicka, Program. agencies involving Department partici­ Director, Bureau of Foods. Section 2. The following new section is pation in international programs. [PR Doc.71-13931 Filed 9-21-71:8:50 am] added to Chapter 1-U, “The Assistant 4. Coordinates the preparation of posi­ Secretary for Administration and Man­ tion papers and other materials by the agement,” to read as follows : operating agencies for use by U.S. Dele­ BUCKMAN LABORATORIES, INC. Section 1U0101. The Office of the gations at intergovernmental interna­ Notice of Filing of Petition for Food HEW Fellows Program is responsible for tional organization meetings, confer­ the planning, coordination, and imple­ ences, and assemblies, and, as appro­ Additive mentation of the Department’s program priate, drafts HEW coordinated position Pursuant to provisions of the Federal to recruit young minority employees as papers. Pood, Drug, and Cosmetic Act (sec. 409 special assistants to key officials and to 5. Coordinates the Department’s par­ (b)(5), 72 Stat. 1786; 21 U.S.C. 348(b) develop a cadre of high caliber people as ticipation in, and recommends courses of (5)), notice is given that a petition (FAP a source to fill top level administrative action with respect to, the activities of 2B2717) has been filed by Buckman Lab­ positions in government. governmental and nongovernmental in­ oratories, Inc., Memphis, Tenn. 38108, Dated: September 16,1971. ternational organizations. At the request proposing that § 121.1092 Acrylamide- of the Department of State, coordinates acrylic acid resin be amended to pro­ E lliot L. R ichardson, the nomination of departmental per­ vide for the safe use of sodium poly­ Secretary, Department of Health, sonnel and public members to serve on acrylate-acrylamide-sodium silicate resin Education, and Welfare. official UJS. delegations or as partici­ for control of organic and mineral scale [PR Doc.71—13936 Piled 9-21-71;8:51 am] pants in international conferences. Co­ in sugar beet juice or liquor or cane sugar ordinates and stimulates nominations of juice or liquor. candidates, from the public and private OFFICE OF INTERNATIONAL AFFAIRS Dated: September 14,1971. sectors, when required or desirable for positions with international agencies. V irgil O. W odicka, Organization and Functions 6 . Formulates and supervises foreign Director, Bureau of Foods. Section 1-F of Part 1 of the Statement travel procedures, including the estab­ [PR Doc.71-13932 Piled 9-21-71;8:50 am] of Organization, Functions, and Delega­ lishment of ceilings. tions of Authority for the Department of Health, Education, and Welfare reads as 7. Serves as the Department’s contact NALCO CHEMICAL CO. point with the Department of State and follows: other executive agencies for formal, Notice of Filing of Petition for Food S ection 1-F.00 Mission. The Office of official communications dealing with in­ International Affairs serves as the pri­ ternational matters. Additive mary source of advice and counsel to the Pursuant to provisions of the Federal Secretary for the determination, devel­ 8 . Chairs and provides the secretariat Food, Drug, and Cosmetic Act (sec. 409 opment, and review of the Department’s for the Departmental Advisory Com­ (b)(5), 72 Stat. 1786; 21 U.S.C. 348(b) positions and policies concerning its in­ mittee on International Affairs, estab­ (5)), notice is given that a petition (FAP ternational affairs and commitments. lished by the Secretary to observe and 2B2718) has been filed by Nalco Chemical The Office also coordinates the interna­ comprehend the total of the Depart­ Co., 180 North Michigan Avenue, Chi­ tional activities of the constituent agen­ ment’s international efforts and obliga­ cago, 111. 60601, proposing that § 121.2526 cies, provides guidance to those who plan tions as well as the important issues Components of paper and paperboard in and conduct the international compo­ which relate to them. The Committee contact with aqueous and fatty foods nents of the Department’s programs, and provides advice and guidance on these matters to the Secretary. (2 1 CFR 121.2526) be amended to pro­ maintains liaison and close working rela­ vide for the safe use of polyacrolein- tionships with the international units of 9. Chairs and provides administrative bisulfite adduct for modifying and in- the constituent agencies. and secretarial support to the Exchange Visitor Waiver Review Board. The Board solubilizing starches and starch gums S ec. 1-F:10 Organization. The Office of used in the manufacture of paper and International Affairs is headed by the assures thorough and equitable evalua­ paperboard in contact with aqueous and Special Assistant to the Secretary for tions of applications for waivers of the fatty foods. International Affairs, who reports di­ 2 -year foreign residence requirement of the exchange visitor program, and recom­ Dated: September 13, 1971. rectly to the Secretary. The Office in­ cludes the secretariat for the Exchange mends to the Department of State for V irgil O. W odicka, Visitor Waiver Review Board and for the or against waivers for cases involving Director, Bureau of Foods. Departmental Advisory Committee on professional competencies of special in­ [PR Doc.71-13933 Filed 9-21-71;8:50 am] International Affairs. terest to this Department. The Board also S ec. 1-F.20 Functions. To carry out gives particular attention to the relation­ its mission, the Office of International ship of the Department’s waiver policies Office of The Secretary Affairs: to the international mobility of man­ OFFICE OF ASSISTANT SECRETARY 1. Informs and advises the Secretary on power and its implications for the migra­ international developments of concern FOR ADMINISTRATION AND MAN­ to the Department, and represents the tion of talent from the developing AGEMENT AND OFFICE OF HEW Secretary, as he directs, in international countries. FELLOWS PROGRAM matters. Approved: September 15, 1971. Statement of Organization and 2. Provides motivation for change in direction or emphasis as well as guidance E lliot L. R ichardson, Functions and support in the development and im­ Secretary, Department of The Statement of Organization, Func­ plementation of international programs Health, Education, and Welfare. tions and Delegations of Authority of the and activities. [FR Doc.71-13937 Filed 9-21-71:8:51 am]

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 NOTICES 18807

Public Health Service operate a single-cycle, forced circula­ ATOMIC ENERGY COMMISSION tion, boiling water nuclear reactor on a FOREIGN QUARANTINE site leased from the U.S. Atomic Energy Quarantine Exempt Areas .[Dockets Nos. 50-398, 50-399] Commission and located within the Com­ mission’s Hanford reservation in Benton Pursuant to the provisions of § 71.46, PACIFIC GAS AND ELECTRIC CO. County, Wash. The proposed site, which Part 71, Title 42, Code of Federal Regu­ Notice of Receipt of Application for is 3 miles from the Columbia River, is lations, a vessel or aircraft arriving at a Construction Permits and Facility about 12 miles north of the city of Rich­ port under the control of the United land, Wash., and is approximately 21 States is required to undergo quarantine Licenses; Time for Submission of miles northwest of Kennewick and 18 inspection prior to entry unless it has Views on Antitrust Matter miles northwest of Pasco. been only in areas (quarantine exempt Pacific Gas and Electric Co., 77 Beale The proposed nuclear reactor, desig­ areas) determined to present no signifi­ Street, San Francisco, CA 94106, pursu­ nated by the applicant as Hanford No. 2, cant threat of introduction of communi­ ant to section 103 of the Atomic Energy is designed for operation at approxi­ cable disease into the United States or Act of 1954, as amended, has filed an ap­ mately 3,323 megawatts (thermal) with its possessions, or unless since receiving plication dated August 19, 1971, for au­ a net electrical output of approximately pratique at a port under the control of thorization to construct and operate two 1 ,1 1 0 megawatts. the United States or in Canada or the single-cycle, forced circulation, boiling Any person who wishes to have his Canal Zone, it has been only in such water nuclear reactors on a 409-acre site views on the antitrust aspects of the ap­ areas. located on the Pacific Ocean, adjacent plication presented to the Attorney Gen­ The Administrator, Health Services to the city of Point Arena in Mendocino eral for consideration shall submit such and Mental Health Administration, is County, Calif. The proposed site is lo­ views to the Commission within 60 days considering extension of the current list cated midway between San Francisco after September 22, 1971. of quarantine exempt areas by including and Eureka. A copy of the application is available the following areas which have been de­ The proposed facilities are designated for public inspection at the Commis­ termined to present no significant threat by the applicant as the Mendocino Power sion’s Public Document Room, 1717 H of introduction of communicable disease Plant Units 1 and 2. Each reactor is de­ Street NW., Washington, DC, and a copy into the United States or its possessions: signed for initial operation at approxi­ has been sent to the Richland Public Australia, Mexico, and New Zealand. mately 3323 megawatts (thermal) with Library, Swift and Northgate Streets, The complete list of quarantine exempt a gross electrical output of approximately Richland, WA 99352. areas would be as follows: 1,168 megawatts. Dated at Bethesda, Md., this 13th day The United States and its possessions. Any person who wishes to have his of September 1971. Greater Antilles: Dominican Republic, Haiti, views on the antitrust aspects of the ap­ Jamaica. plication presented to the Attorney Gen­ For the Atomic Energy Commission. Lesser Antilles: Aruba, Bonaire, Curacao. All eral for consideration shall submit such F rank S chroeder, Leeward Islands including: Anguilla, An­ views to the Commission within 60 days tigua, Barbuda, the British Virgin Islands Deputy Director, including Tortola, Virgin Gorda, Anegada, after September 22, 1971. Division of Reactor Licensing. and Jost Van Dykes, Guadeloupe, Mont­ A copy of the application is available [FR Doc.71-13792 Filed 9-21-71;8:45 am] serrat, Nevis, Redonda, St. Kitts, and St. for public inspection at the Commission’s Martin. All Windward Islands including: Public Document Room, 1717 H Street Dominica, Grenada, The Grenadines, Mar­ NW., Washington, DC 20545, and at the [Docket No. 50-130] tinique, St. Lucia, and St. Vincent. Public Information Office in the Com­ Australia. NORTHERN STATES POWER CO. The Bahama Islands. mission’s San Francisco Office at 2111 Barbados. Bancroft Way, Berkeley, CA 94704. A Order Extending Provisional The Bermuda Islands. copy has also been sent to the Men­ Operating License Expiration Date Canada. docino County Library, 108 West Clay The Canal Zone. Street, Ukiah, CA 95482. By Application Amendment No. 51 Caymen Islands. dated August 4, 1971, the Northern Greenland. Dated at Bethesda, Md., this 14th day States Power Company requested an Iceland. of September 1971. extension of the expiration date of Pro­ The Islands of St. Pierre and Miquelon. Mexico. For the Atomic Energy Commission. visional Operating License No. DPR-11 which authorizes possession only of the New Zealand. F rank S chroeder, Trinidad and Tobago. Deputy Director, deactivated and partially dismantled Pathfinder nuclear reactor located near Inquiries may be addressed and in­ Division of Reactor Licensing. Sioux Falls, S. Dak. formation submitted in writing, in dupli­ [FR Doc.71-13793 Filed 9-21-71;8:45 am] Good cause having been shown in the cate, to the Director, Center for Disease application for this extension pursuant Control, 1600 Clifton Road NE Atlanta, [Docket No. 50-397] to 10 CFR Part 50: It is hereby ordered, That the expiration date of Provisional GA 30333. All relevant material received WASHINGTON PUBLIC POWER Operating License No. DPR-11 is ex­ within 30 days after publication of this SUPPLY SYSTEM notice in the F ederal R egister will be tended from September 12, 1971, to Sep­ considered before action is taken on the Notice of Receipt of Application for tember 12, 1972. proposed extension of the list of quaran­ Construction Permit and Facility Li­ This order is effective as of its date tine exempt areas. cense; Time for Submission of of issuance. Dated: September 16,1971. Views on Antitrust Matters Date of issuance: September 9,1971. Washington Public Power Supply Sys­ R obert van H oek, For the Atomic Energy Commission. Acting Administrator, Health tem, 130 Vista Way, Kennewick, WA 99336, pursuant to section 103 of the F rank S chroeder, Services and Mental Health Acting Director, Administration. Atomic Energy Act of 1954, as amended, has filed an application dated August 10, Division of Reactor Licensing. [PR Doc.71-13926 Piled 9-21-71:8:50 am] 1971, for authorization to construct and [FR Doc.71-13875 Filed 9-21-71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18808 NOTICES

[Docket No. 50-356] of general applicability which provides CIVIL AERONAUTICS BOARD for a minimum density of 6.9 pounds per UNIVERSITY OF ILLINOIS AT cubic foot. URBANA-CHAMPAIGN [Docket No. 23840; Order 71-9-71] A complaint requesting suspension and Extension of Completion Date of TRANS WORLD AIRLINES, INC. investigation has been filed by the Flying Construction Permit Tiger Line, Inc. (Tiger). The complaint Order of Suspension and Investigation asserts, inter alia, that (1) TWA has By application dated August 24, 1971, Regarding Container Rates and failed to submit fundamental data in the University of Illinois requested an Charges on Cut Flowers support of its filing including (a) any extension of the latest completion date showing of a decline of its floral traffic specified in Construction Permit No. Adopted by the Civil Aeronautics resulting from surface competition, (b) CPRR-110. The permit authorizes the Board at its office in Washington, D.C., evidence that the proposar will recapture university to construct a low-power re­ on the 17th day of September 1971. such lost traffic, and (c) estimates of actor assembly (LOPRA) on its campus “Daylight” Type A-2 and Type LD-7 traffic to be generated by thè proposed in Urbana, HI. , container rates and charges on cut rates; (2) TWA’s secondary rationale of Good cause having been shown for flowers proposed by Trans World Air­ foreign competition from South America the extension of the latest completion lines, Inc., Docket No. 23840. will not justify the proposed substantial date of the permit pursuant to section By tariff revisions bearing a posting rate cuts; (3) TWA makes no statement 185 of the Atomic Energy Act of 1954, date of August 17, 1971, and marked to as to the diversion or dilution of present as amended, and 10 CPR 50.55 of the become effective October 1, 1971, Trans traffic under the proposed rates; (4) the Commission’s regulations, It is hereby World Airlines, Inc. (TWA), proposes to effect of meeting TWA’s proposal by ordered, That the latest completion date add container charges and rates, appli­ competing carriers would result in a sig­ for Construction Permit No. CPRR-110 cable to traffic in Type A -2 1 and Type nificant erosion of existing industry is extended from October 1, 1971, to De­ LD-72 containers on cut flowers from revenues at a time when the carriers are cember 1, 1971. Los Angeles and San Francisco to a experiencing substantial losses on freight This order is effective as of its date number of points in the midwest and services; and (5) discount pricing, such of issuance. east. The proposed rates incorporate a as that in the instant proposal, will only “daylight” time-of-tender restriction reduce industry revenues without con­ Date of Issuance: September 9, 1971. (between 4 a.m. and 4 p.m., any day of tributing additional and offsetting traf­ For the Atomic Energy Commission. the week). fic volume. The proposed minimum charges per In support of its proposal and in an­ F rank Schroeder, container have been determined by Deputy Director, swer to the complaint, TWA asserts, in­ multiplying the proposed minimum ter alia, that (1 ) the airfreight industry, Division of Reactor Licensing. weight per container (2,300 pounds for faces a serious and immediate threat of [FR Doc.71—13894 Filed 9-21-71;8:47 am] the Type A-2 container and 1,800 pounds loss of a substantial portion of floral for the Type LD-7 container) times the products which currently move by air­ [Docket No. 50-255] currently applicable bulk specific com­ freight; (2 ) competing refrigerated modity rate on cut flowers at the 1 0 ,0 0 0 - truck service currently is being offered CONSUMERS POWER CO. (PALISADES pound weight-break in each market. on cut flowers, resulting from back hauls PLANT) TWA does not propose the usual “uniti­ of dairy products moving westbound, zation” discount of $1 per hundred and that such service has proved satis­ Notice Confirming Issuance of Order pounds from the above bulk rates. The factory to cut flower shippers; (3) week­ Reconvening Hearing proposed excess weight rates, for any end usage of refrigerated truck service shipment weights above 2,300 and 1,800 has increased because the 2 -day transit The Atomic Safety and Licensing pounds, respectively, would be identical Board gives notice that the following time to destination allows Friday after­ to the applicable bulk specific commodity noon departures and Monday morning order was issued by the Board on Sep­ rates in each market at the 1 0 ,0 0 0 -pound tember 16, 1971 reconvening the evi­ deliveries, thus eliminating the need for weight-break. The tariff does not bear weekend use of labor; (4) traffic volumes dentiary hearing in this proceeding on an expiry date. September 2-7,1971: are being further jeopardized by com­ The essence of TWA’s proposal is to petition from South American floral pro­ Pursuant to notice of intent to recon­ offer sharp reductions to light density ducers who are benefited by lower labor vene hearing on less than 30 days’ notice, floral traffic by application of very low costs; (5) existing floral traffic will be issued on August 6 , 1971, the Atomic minimum weights for the containers. profitably protected, under the proposal, Safety and Licensing Board orders that This results in a minimum density (pay- while improving the very low degree of the evidentiary hearing in this proceed­ load) per container ranging from 4.5 to utilization of existing daytime freighter ing shall reconvene at 3 p.m. on Monday, 5.4 pounds per cubic foot (depending on and B-747 belly capacity from the west September 27, 1971, in the Van Deusen the cubic capacity of the containers), coast; (6 ) the proposed rates would ap­ Auditorium of the City Library System, whereas cut flowers in bulk, noncontain- ply to larger shipments of 1,800 and 2,300 315 South Rose Street, Kalamazoo, MI, erized form are currently subject to a pounds, while 75 percent of the revenues to consider evidentiary matters related to standard industry rule applicable to cut in the effected markets is generated by submittals in reference to emergency core flowers which provides for a minimum shipments of less than 2 ,0 0 0 pounds; and cooling system performance and such density of 6.5 pounds per cubic foot. This (7) the potential dilution of some $40,000 other matters as required by the record can be compared with the industry rule would be offset by less than a 5 -percent established as of September 27. Confirm­ increase in traffic, which has been as­ ing order transmitted by mail to all sured by shippers if the proposal be­ persons requesting copies. 1 The Type A-2 container is a pallet igloo which can be transported only on all-cargo comes effective.2* Issued: September 17, 1971, German­ aircraft. Upon consideration of the complaint town, Md. 2 The Type LD-7 container is a pallet of and all other relevant factors, the Board the same size as the Type A-2 but which can finds that TWA’s proposed charges and Atomic Safety and Licensing Board. be loaded to a height of only 63 inches. It is capable of transport either in the belly of Samuel W. J ensch, B—747 aircraft, or in all-cargo aircraft, but Sa The Society of American Florists filed a Chairman. with a considerable loss of utilized-cube in statem ent on September 15, 1971, in support [FR Doc.71-14000 Filed 9-21-71;8:53 am] the latter. of TWA’s filing.

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 NOTICES 18809 rates may be unjust, unreasonable, un­ the density of a shipment to as much as justly discriminatory, unduly preferen­ 17 pounds per cubic foot. A density in­ FEDERAL POWER COMMISSION tial, unduly prejudicial, or otherwise un­ centive is normally inherent in any con­ [Dockets Nos. RI71-72 etc.] lawful, and should be investigated.3 The tainer rate offering, as it tends to encour­ Board further concludes that the pro­ age payload maximization of aircraft MOBIL OIL CORP. ET AL. posed charges and rates should be sus­ which are typically space-limited before pended pending investigation. they are weight-limited. Contrary to the Order Providing for Hearing on and Floral traffic is generally of relatively foregoing, the instant proposal would un­ Suspension of Proposed Changes in light density and many containers would dermine the density incentive aspect of Rates, and Allowing Rate Changes probably move at or near the minimum container movements, because of both To Become Effective Subject to charge. When applied to such traffic, the low proposed minimum densities and Refund 1 TWA’s proposed rates would be uneco­ the lack of an additional density September 9,1971. nomic in relation to the space preempted incentive. by the containers. For example, if a Accordingly, pursuant to the Federal Respondents have filed proposed plane load of 13 containers (pallet posi­ Aviation Act of 1958 and particularly changes in rates and charges for jurisdic­ tions) in a B-707-300C all-cargo aircraft sections 204(a) and 1002 thereof, tional sales of natural gas, as set forth moved under the proposed rates at the It is ordered, That: in appendix A hereof. proposed minimum densities from San 1. An investigation be instituted to de­ The proposed changed rates and Francisco to New York, the resulting termine whether the rates, charges, and charges may be unjust, unreasonable, un­ revenue per mile would be $2.19/ This provisions described in appendix A duly discriminatory, or preferential, or return appears unduly low when com­ hereto,® and rules, regulations, and prac­ otherwise unlawful. pared to TWA’s costs of about $3.92,5 for tices affecting such rates, charges, and The Commission finds: It is in the pub­ operating the same aircraft in scheduled provisions are or will be unjust, unrea­ lic interest and consistent with the Nat­ cargo service. It also appears low when ural Gas Act that the Commission enter sonable, unjustly discriminatory, unduly upon hearings regrading the lawfulness compared to TWA’s standard charter preferential, unduly prejudicial, or other­ rate of $4.25 per mile for B-707-300C of the proposed changes, and that the wise unlawful, and if found to be un­ supplements herein be suspended and cargo aircraft, or its lowest one-way lawful, to determine and prescribe the charter rate for the same aircraft from their use be deferred as ordered below. lawful rates, charges, and provisions, and The Commission orders: Hong Kong to San Francisco of $3.13 rules, regulations, or practices affecting per mile which involves a backhaul such rates, charges, and provisions; (A) Under the Natural Gas Act, par­ movement. 2. Pending hearing and decision by the ticularly sections 4 and 15, the regula­ Further, we do not believe that TWA Board, the. rates, charges, and provisions tions pertaining thereto 118 CFR Ch. I], has adequately supported its contention described in appendix A hereto are sus­ and the Commission’s rules of practice that significant additional traffic would pended and their use deferred to and and procedure, public hearings shall be be generated, particularly in light of the including December 29, 1971, unless held concerning the lawfulness of the fact that TWA proposes to sharply re­ otherwise ordered by the Board, and that proposed changes. duce rates on a commodity that histori­ no changes be made therein during the (B) Pending hearings and decisions cally has moved via air transportation in period of suspension except by order or thereon, the rate supplements herein are volume. We believe that there is a high special permission of the Board; suspended and their use deferred until risk of diversion and revenue dilution. date shown in the “Date Suspended Un­ 3. The proceeding herein, designated til” column. Each of these supplements We distinguish this proposal from other Docket 23840, be assigned before an ex­ “daylight” container rates recently per­ shall become effective, subject to refund, aminer of the Board at a time and place as of the expiration of the suspension mitted by the Board because it lacks the to be designated; high-density incentive of these earlier period without any further action by the rates. For example, TWA’s reduced “day­ 4. Except to the extent granted herein, Respondent or by the Commission. Each light” LD-3 container charges (Order the complaint of the Flying Tiger Line, Respondent shall comply with the re­ 71-8-92) did not provide for excess Inc., in Docket 23767, is dismissed; and funding procedure required by the Nat­ weight rates above the minimum charge, 5. Copies of this order shall be filed ural Gas Act and § 154.102 of the regula­ thus resulting in an incentive to increase with the tariff and served upon Trans tions thereunder. World Airlines, Inc., and the Flying Tiger (C) Unless otherwise ordered by the Line, Inc., which are hereby made par­ Commission, neither the suspended sup­ »The rates are also automatically under ties to this proceeding. investigation in the Domestic Air Freight plements, nor the rate schedules sought Bate Investigation, Docket 22859. This order will be published in the F ed­ to be altered, shall be changed until dis­ 4 Thirteen pallet positions at the minimum eral R egister. position of these proceedings or expira­ weight required would result in a 100-per­ tion of the suspension period, whichever cent load factor on a space basis, but only By the Civil Aeronautics Board. is earlier. about a 30-percent load factor on a weight basis. [seal] H arry J. Zin k , By the Commission. Secretary. »The $3.92 per mile applies to domestic [seal] K enneth F. P lumb, scheduled cargo services and assumes that [FR Doc.71-13939 Filed 9-21-71;8:51 am] direct operating costs are 53 percent of total Secretary. cost (derived from the Form 242 reports for the 12 months ended June 30, 1971). This * Appendix filed as part of the original 1Does not consolidate for hearing or dis­ cost figure does not include a return element. document. pose of the several matters herein.

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18810 NOTICES

Appendix A

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

RI72-72-. Mobil Oil Corp.__.1___ 200 9 El Paso Natural Gas Co. (Blanco $777 8-11-71 2-11-72 14.2343 21.33 RI69-431. (Mesa Verde) Field; San Juan County, N. Mex.) (San Juan Basin Area)...... do...... 215 22 El Paso Natural Gas Co. (Tip 84,339 8-10-71 10-11-71 19.646 4 2 20.306 RI70-1666. Top Field; Sublette County, Wyo.)...... do...... 361 12 El Paso Natural Gas Co. 2,357 8-11-71 2-11-72 14.2343 21.33 RI69-430. (Gallegos Canyon Field; San Juan County, N. Mex.) (San Juan Basin Area). RI72-73-. . Gulf Oil Corp...... 205 3 7 Phillips Petroleum Co. (Fradean . 8-11-71 8-11-71 24 Accepted (30) (SO) RI70-828. Field, Upton County, Tex.) (Permian Basin). 205 8 6,600 8-11-71 8-12-71 28 14.0 4 «2816.75 RI70-828. RI72-74-„. R & G Drilling Co., Inc. 2 9 El Paso Natural Gas Co. (Mesa 32,453 8-13-71 2-13-72 «15.0 « 29.11 RI69-366. Verde Formation, San Juan County, N. Mex., San Juan . Basin). RI72-75-. . Tenneco Oil Co...... 37 4 El Paso Natural Gas Co. (Blanco 185 8-18-71 2-18-72 « 15.2924 29.23 RI69-465. ¡u Mesa Verde Field, San Juan County, N. Mex., San Juan Basin). ___ do...... -...... 47 4 El Paso Natural Gas Co. (Aztec 4,131 8-18-71 2-18-72 « 15.2924 29.23 RI69-465. Mesa Verde Field, San Juan County, N. Mex., San Juan Basin). ___ do...... 157 6 El Paso Natural Gas Co. (Ella 126 8-18-71 2-16-72 15.2924 29.23 RI69-466. Blaise Field, San Juan County, N. Mex.) (San Juan Basin)...... do...... 196 4 El Paso Natural Gas Co. (Allison 660 8-18-71 2-18-72 14.0 29.23 RI69-466. Unit Area, La plata and Arch­ n uleta Counties, Colo., and San Juan County, N. Mex.) (San Juan Basin)...... do...... 230 3 El Paso Natural Gas Co. (Blanco 7,861 8-18-71 2-18-72 « 15. 2678 29.23 RI71-365. Mesa Verde Field, San Juan County, N. Mex.) (San Juan Basin). RI72-76.... Humble Oil & Refining 210 710 El Paso Natural Gas Co. (East 8-18-71 11- 1-71 22 Accepted « 17.2550 . RI70-469. Co. LaBarge Field, Lincoln and Sublette Counties, Wyo.). __ do...... 210 11 __ do...... 15,478 8-18-71 11- 2-71 8 17.2550 819.7926 RI70-469. RI72-77,... Continental Oil Co____ 293 2 Mountain Fuel Supply Co. (Can­ 853 8-16-71 10-17-71 812.1206 813.13065 yon Creek Field, Sweetwater County, Wyo.). RI72-78-... Wayne Moore et ux.;___ 3 31 El Paso Natural Gas Co. (Blanco 7,837 8-16-71 2-16-72 «4412.0 «21.33 Mesa Verde Field, San Juan County, N. Mex.,San Juan Basin). «4213.0 RI72-79-... W. H. Gilmore...... 1 1 El Paso Natural Gas Co. (Blanco 930 8-16-71 2-16-72 811.0 « 21.33 Mesa Verde Field, San Juan and Rio Arriba Counties, N. Mex.)(San Juan Basin). RI72-80.... Marathon Oil Co...... 24 8 El Paso Natural Gas Co. (Blanco 15,961 8-16-71 ' 2-16-72 14.2678 21.33 RI69-360. Field, San Juan County, N. Mex., San Juan Basin). RI72-81.... William C. Russell____ 2 48 12 El Paso Natural Gas Co. (Mesa 23,987 8-16-71 2-16-72 « 15.0 «29.11 RI69-367. Verde Formation, San Juan County, N. Mex., San Juan Basin). R172-82. .. NortheasFBlanco De- 1 8 El Paso Natural Gas Co. (Blanco 170,054 8-16-71 2-16-72 « 15.2869 « 21. 3333 R169-385. velopment Corp. Field, San Juan and Rio Arriba Counties, N. Mex.) (San Juan Basin). RI72-83. .. Union Oil Co. of 126 13 14 United Gas P/L Co. (Cotton . 8-18-71 8-18-71 24 Accepted . California. Valley Field, Webster Parish, Northern Louisiana)...... do...... -C...... 126 15 __--_do...... *... 28,042 8-18-71 8-19-71 44 14.07636 4818.75 ...... do...... 126 4816 . 8-18-71 9-18-71 24 Accepted . RI72-84. .. Pennzoil Producing Co. 210 20 United Gas P/L Co. (Sugar Creek 8-20-71 9-20-71 24 Accepted Field, Claiborne Parish, North­ ern Louisiana). 210 21 23,965 8-20-71 10-21-71 44 14.07636 17.5 RI72-85. .. Gulf Oil Corp______180 6 H. L. Hunt (North Lansing Field, 201 8-23-71 11- 2-71 48 28 16.3778 28 16.7798 RI71-352. Harrison County, Tex., RR. District No. 10). RI72-86. .. Phillips Petroleum Co.. 30 H 12 Tennessee Gas Pipeline Co. 8,921 ' 8-16-71 2-16-72 28 17.5656 28 25.0 RI71-H41. (GreenBranch Field, McMullen County, Tex.) (RR. District No. 1).

* Unless otherwise stated, the pressure base Is 15.025 p.s.i.a. H Applicable to acreage acquired by assignment prior to Feb. 12,1969. ‘'Contract provides for a rate of 23.62 cents based on the Bureau of Labor Statistics’ 12 Applicable to acreage acquired by assignment after Feb. 12,1969. industrial commodities wholesale price index. Mobil is fracturing the rate in order to is Amendment dated Apr. 23, 1971, which provides for increased rate applicable qualify for a one day suspension period. only to production from above the base of the Gray Sand Formation. 2 Fractured Rate converted from 19.80 cents per Mcf @ 14.65 p.s.i.a. *4 Includes 1-cent tax reimbursement. 2 Agreement which provides that Gulf will receive that portion of buyer’s resale t8 Applicable to gas produced from above the base of the Gray Sand, rate that is not subject to possible future refund plus a pro rata share of any tax reim­ is Contract dated Apr. 23, 1971, amending basic contract to provide for increased bursement received by buyer. rate of 25 cents and 2 cents periodic increases every 4 years from date of initial de­ 4 Based on buyer’s resale rate exclusive of tax reimbursement. Buyer resells the gas liveries applicable to gas produced from below the base of the Gray Sand. to El Paso Natural Gas Co. under its FPC Gas Rate Schedule No. 9. 47 Amendatory agreement dated Aug. 3, 1971, which provides for increased rate; 5 Gulf is also to receive a pro rata share of buyer's tax reimbursement. The amount 48 Buyer deducts 0.76-cent compression charge from rate shown. ’ . .. is not known. 18 Includes letter dated May 18, 1971, wherein Tennessee notified Phillips that it 4 Includes 1-cent minimum guarantee for liquids. . is paying 25 cents for gas in that area. 7 Agreement which provides for a new schedule of prices and for a 30-year contract 28 The pressure base is 14.65 p.s.i.a. term in lieu of 20 years. 24 Accepted, to be effective on the dates shown in the “Effective Date’ column; 8 Includes a doublé amount of contractually due tax reimbursement. 22 Accepted, to become effective on the date shown in the “Effective Date” column; 8 Exclusive of 1 cent per Mcf minimum guarantee for liquids. The acceptance of the agreement filed by Union Oil Co. of California is subject to w Not applicable to' production from Chacra Well. the conditions prescribed elsewhere in this order.

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 NOTICES 18811 The proposed increases for sales to El Paso In regard to the sale made under Humble for filing proposed changes in its FPC in San Juan Basin are based on favored- Oil & Refining Co.’s FPC Gas Rate Schedule Gas Tariff, Original Volume No. I ,1 to be nation clauses which were allegedly activated No. 210 the agreement in addition to provid­ effective September 10, 1971, for the pur­ by Aztec Oil & Gas Co.’s unilateral rate in­ ing for the proposed increase also provides crease to 29.23 cents which became effective for future escalations to any higher ceiling pose of establishing procedures to govern subject to refund in Docket No. RI71-744, on rate prescribed or allowed to be collected by curtailments of service in case of a gas August 1, 1971. The purchaser, El Paso Nat­ the Commission. This provision does not shortage resulting either from curtail­ ural Gas Co., has protested these favored- conform with § 154.93 (b-1) of the Commis­ ment of deliveries by its interstate sup­ nation increases on the basis that they are sion’s regulations. Consistent with Commis­ plier, Transcontinental Gas Pipe Line not contractually authorized. In view of the sion action taken on similar filings not in Corp. (Transco), or from other causes. contractual problem presented, the hearings conformity with § 154.93 (b -1 ), the agreement Notice of the filing was issued August 20, herein shall concern themselves with the con­ is accepted for filing upon expiration of 1971, and published in the F ederal tractual basis for these favored-nation fil­ statutory notice with the condition that the ings, as well as the justness and reasonable­ aforementioned provision will only apply R egister on August 25, 1971, 36 F.R. ness of the proposed increased rates. upon the Commission’s approval of a just 16715. Mobil Oil Corp., Wayne Moore, et ux., W. H. and reasonable rate, or settlement rate in Eastern Shore’s filing also includes a Gilmore, Marathon Oil Co., and Northeast an applicable area rate proceeding, for gas notice of withdrawal of its previous cur­ Blanco Development Corp. have fractured of comparable quality and vintage. their proposed increases to 21.33 cents1 in The proposed increases of Humble Oil & tailment proposal filed May 17, 1971, in order to avoid a suspension period of longer Refining Co. and Continental Oil Co. for Docket No. RP71-121 pursuant to the than 1 day. Since these are fractured rate in­ sales made in the State of Wyoming include a Commission’s Order No. 431 issued April creases based on a favored-nations escalation double amount of the contractually due re­ 15, 1971, in Docket No. R-418. The tariff in the contracts that was triggered by a uni­ imbursement for taxes applicable to past sheets filed in Docket No. RP71-121 were lateral rate increase that was suspended for 5 production, back to January 1,1968. After tax suspended by the Commission’s order months, and Applicants will file for the dif­ reimbursement applicable to past production issued June 7, 1971, in that docket and ference between the subject rates and the has been recovered, Respondents shall file have not become effective by reason of 29.23 cents unilateral rate, and since the rate decreases reducing the proposed rates buyer contends that such a rate increase is so as to provide for tax reimbursement for Eastern Shore’s election not to file a mo­ not within the contemplation of the Appli­ future production only. The proposed in­ tion to make those provisions effective. It cants contracts, they are suspended for 5 creases are suspended for 1 day after expira­ appears that withdrawal of the previous months. tion of the 60-day notice period or 1 day curtailment filing should be allowed pur­ In regard to the sale by Gulf Oil Corp. after the contractual due date, whichever is suant to § 1.11(d) of the Commission’s under its PPC Rate Schedule No. 205, the later. rules of practice and procedure in view agreement, dated July 23, 1971, provides that In regard to the sale under Union Oil of the fact that the proposals submitted Gulf will receive that portion of the resale Co. of California FPC Gas Rate Schedule No. 126, the purchaser, United, has tracked in this proceeding eliminate conflicting price, exclusive of tax reimbursement, then curtailment provisions in the General being collected by the buyer, Phillips petro­ the rate increase involved here of Union leum Co., which is not subject to possible in its filing of November 13, 1970 which was Terms and Conditions of Eastern Shore’s future refund. If it is later determined that suspended in Docket No. RP71-41. In these tariff which might have led to confusion Phillips is entitled to retail all or any part circumstances, good cause exists for waiving in implementing curtailment procedures of the amount collected subject to refund, the’ 60-day notice period. The proposed in­ if the new filing in this proceeding had and is relieved of further refund obligation crease is therefore suspended for 1 day from not been made. The proposals submitted thereto, Phillips shall pay Gulf retroactively the date of filing. The remaining contract in this proceeding are also more compre­ the difference between the amount previ­ amendment is not related to the immediate hensive than the curtailment plan here­ ously paid to Gulf based on the price Phillips increase but provides for future increases tofore submitted in Docket No. RP71-121. is permitted to retain when relieved of all from deeper reservoirs and is accepted for refund obligation. It also provides that Gulf filing to be effective 30 days after filing. The basic provisions of Eastern Shore’s will receive a pro rata share of Phillips’ tax The proposed increase filed by Phillips proposed curtailment plan, as modified reimbursement. Petroleum Co. relates to a sale under its in the instant filing, are set forth on Phillips processes the gas in its Crane FPC Gas Rate Schedule No. 30 in an area Original Sheets Nos. 32A, 32B, 32C, and Plant in the Permian Basin Area of Texas outside southern' Louisiana and exceeds the 32D which would revise section 13 of the and resells the gas to El Paso Natural Gas Co. corresponding rate filing limitations im­ general terms and conditions. Section under its FPC Gas Rate Schedule No. 9. posed in southern Louisiana. Therefore, it 13.1 provides for curtailments of service Phillips’ resale rate of 16.93492 cents (16.75 is suspended for 5 months. when there is a gas supply deficiency. In cents plus 0.18492 cent tax reimbursement) Pennzoil Producing Co. requests an effec­ tive date for which adequate notice was not such cases, interruptible service, includ­ became effective subject to refund, in Docket ing sales to direct pipeline customers and No. RI71-1142 on August 2, 1971. Concur­ given. Good cause has not been shown for rently with the agreement, Gulf submitted a granting this request and it is denied. interruptible consumers served by resale related proposed increase to 16.75 cents plus This order is subject to our Statement customers, will be proportionately re­ a pro rata share of Phillips’ tax reimburse­ of Policy Implementing the Economic Sta­ duced until all such sales are entirely ment. Although the buyer’s resale rate is bilization Act of 1970 (Public Law 91-379, discontinued. Thereafter, direct firm subject to refund, Gulf reasons that it had 84 Stat. 799, as amended by Public Law pipeline customers will be curtailed along to place the proposed rate on file with the 92-15, 85 Stat. 38) and Executive Order No. with transportation service to direct in­ Commission in order to collect any amount 11615, including such amendments as the dustrial customers if such curtailment is due retroactively if Phillips is allowed to Commission may require. retain any part of that amount being col­ All of the producers’ proposed increased necessary to maintain sufficient pressure lected subject to refund. Gulf further re­ rates and charges exceed the applicable area to provide adequate service to firm resale quests that the effective date be the date of price levels for increased rates as set forth customers. Then firm industrial service, filing since Phillips is already collecting the in the Commission’s Statement of General including firm sales made by resale cus­ resale rate from El Paso and therefore no Policy No. 61-1, as amended (18 CFR Chap­ tomers, will be proportionately curtailed tacking problem is involved. Although the ter I, Part 2, section 2.56). until all firm industrial sales are com­ proposed rate is below Gulf’s applicable ceil­ [FR Doc.71-13750 Filed 9-21-71;8:45 am] pletely curtailed except industrial cus­ ing rate of 17<952 cents per Mcf, it is related tomers whose daily requirements are 1 0 0 to Phillips’ resale rate which is subject to refund down to a ceiling rate of 11.59 cents [Docket-No. RP72-21] per Mcf. 1 Original Sheets Nos. 9G, 12A, 32A, 32B, EASTERN SHORE NATURAL GAS CO. 32C, and 32D; First Revised Sheets Nos. 6, The proposed rate is suspended for 1 day 7A, 9A, 9C, 9D, 9F, 12, 32, and 33; Second from the date of filing consistent with Com­ Order Suspending Proposed Tariff Revised Sheets Nos. 7 and 10; Third Revised mission action on prior increases where no Sheets, Permitting Withdrawal of Sheet No. 4; Eighth Revised Sheet No. 9B; tracking problems were involved and the Ninth Revised Sheet No. 9E; and 25th Re­ related agreement is accepted to be effective Filing, Granting Intervention, Fixing vised Sheets Nos. 5 and 8 to its FPC Gas on the date of filing. Date of Hearing, and Specifying Tariff, Original Volume No. 1. On Aug. 24, Procedures 1971, Eastern Shore submitted errata sheets to supply some words inadvertently omitted September 10, 1971. 1Rate limit for 1-day suspension in the from Third Revised Sheet No. 4 and to label San Juan Basin Area (Item G -l7,"Agenda of Eastern Shore Natural Gas Co. (East­ correctly the heading of Ninth Revised Sheet Mar. 18,1971). ern Shore) on August 11, 1971, tendered No. 9E.

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 No. 184—Pt. I---- 9 18812 NOTICES

Mcf or less. The final curtailment step supplies and by declines in existing pro­ 5, and 15 thereof, the Commission’s rules will be to reduce firm service to resale duction to a greater extent than ex­ of practice and procedure, and the regu­ customers purchasing under Rate Sched­ pected. Additionally, Transco has re* lations under the Natural Gas Act (18 ules CD-I, CD-E, and G -l in proportion quested that the order issued June 30, CFR Ch. I ), a public hearing shall be held to the total daily contract demand of all 1971, in Nueces Industrial Gas Company, commencing November 2,1971, at 10 a.m. customers, including industrial customers Docket No. CP71-267, 45 FPC _____ , be (e.s.t.), in a hearing room of the Federal using 100 Mcf or less per day. amended to remove the limitations on the Power Commission, 441 G Street NW., Section 13.2 provides for similar pro­ volumes of emergency purchases which Washington, D.C. 20426, concerning the cedures in event gas shortages result Transco may engage in without prior lawfulness of the curtailment provisions from force majeure causes or from re­ Commission authorization. contained in Eastern Shore’s FPC Gas pairs, modifications, etc., of Eastern Suspension of Eastern Shore’s pro­ Tariff as proposed to be revised herein. Shore’s pipeline system. The primary posed curtailment plan for a 5-month The hearing shall begin with admission difference between procedures under sec­ period would prevent it from being pre­ into the record of Eastern Shore’s direct tion 13.2 and section 13.1 is that trans­ pared td cope with any gas deficiency it case, subject to appropriate motions, fol­ portation service under section 13.2 will might experience during the coldest lowed by cross-examination of Eastern be curtailed at the same time and in the months of the year. Since Transco is Shore’s witnesses. Except for very brief Eastern Shore’s sole supplier of gas, it recesses which may be allowed by the same proportion as firm industrial serv­ is essential that Eastern Shore be in a Presiding Examiner upon a showing of ice even if such curtailment would not position to operate its own system in a good cause therefor, the hearing shall go be necessary in order to maintain operat­ manner which will permit maintenance forward immediately with cross-exam­ ing pressures to protect firm service to of essential services in the event Transco ination of witnesses sponsoring any di­ resale customers. .should again curtail deliveries to its rect testimony previously served by the The remaining proposed tariff changes customers. In view of the approaching intervener and the Commission’s staff, would modify the provisions of Rate winter heating season and the possibility followed by oral rebuttal, if any, by Schedules CD-I, CD-E, and G -l to recog­ of curtailments by its supplier, the Com­ Eastern Shore with cross-examination nize that they are subject to the revised mission is of the opinion that only a one- thereon. changes in curtailment procedures as set day suspension of Eastern Shore’s pro­ (B) Pending such hearing and deci­ forth in §§ 13.1 and 13.2. posed tariff sheets should be required. sion thereon, the proposed revised tariff A petition for leave to intervene was It should be noted that the effective sheets specified in the footnote on page timely filed by Stauffer Chemical Co. date requested by Eastern Shore is Sep­ 1 of this order are hereby suspended (Stauffer) stating that it is a direct in­ tember 10, 1971, which is one day short and the use thereof is deferred until dustrial customer which purchases gas of the 30-day notice period required by September 12, 1971, and until such from Eastern Shore for its chemical plant § 154.22 of the Commission’s regulations. further time as they are made effective Since Eastern Shore did not ask for a in the manner prescribed by the Natural located at Delaware City, Del. Stauffer waiver of the 30-day notice provision and Gas Act. claims that Eastern Shore may not uni­ gave no reason for failure to allow for (C) On or before September 30, 1971, laterally modify its contract by filing 30 days’ notice, the earliest date on which Eastern Shore shall prepare and file with proposed tariff changes and that the the proposed tariff sheets could become the Commission and serve oh the Presid­ changes would amount to arbitrary and effective would be September 11, 1971. ing Examiner, the Commission’s staff, discriminatory treatment to it if they A 1-day suspension will, of course, pre­ and the intervener in this proceeding its were to be made effective. Stauffer con­ vent the proposed tariff changes from direct testimony and exhibits in support tends that Eastern Shore has not made becoming effective on motion until of the proposed tariff sheets submitted on any showing of an imminent gas short­ September 12, 1971. August 11, 1971. Eastern Shore’s presen­ age which would require that the tariff Stauffer’s petition for leave to inter­ tation should include ( 1 ) an explanation sheets be made effective immediately and vene raises legal issues indicating that of the situations which would require requests that the Commission suspend an evidentiary proceeding will be re­ curtailment of direct industrial cus­ their effectiveness for the full 5-month quired to determine whether Eastern tomers because of a need to maintain statutory period and enter upon a hear­ Shore’s proposed tariff changes are un­ pressure for serving firm resale custo­ ing concerning their lawfulness. just, unreasonable, unduly discrimina­ mers, and (2 ) an explanation of the While Eastern Shore’s filing does not tory or otherwise preferential. impact its proposed curtailment plan specifically state that it would have to The Commission finds: would have on all classes of its customers implement its proposed curtailment pro­ (1) It is necessary and proper in the assuming increasingly restrictive degrees cedures immediately, it did state that the public interest and to aid in the enforce­ of curtailment by Transco. ment of the provisions of the Natural (D) Any party or the Commission’s proposed tariff sheets were being filed to Gas Act that the Commission enter upon staff planning to present testimony in provide for curtailments in the event a hearing concerning the lawfulness of opposition to Eastern Shore’s proposed Transco should limit deliveries to it. the proposed changes in Eastern Shore’s curtailment procedures shall, on or Thus, any evaluation of Eastern Shore’s FPC Gas Tariff and that the proposed before October 21,1971, file and serve on need to curtail is dependent upon the tariff sheets hereinbefore specified be the Presiding Examiner, the Commis­ likelihood that Transco will invoke its suspended, and the use thereof be de­ sion’s staff, and Eastern Shore prepared own curtailment procedures. Transco ferred as herein provided. written testimony in support of their did in fact curtail deliveries to its cus- (2 ) It is necessary and proper in the positions. towers by 7 percent from June 1, 1971, public interest and to aid in the enforce­ (E) The above-named petitioner is to July 4,1971. ment of the provisions of the Natural Gas hereby permitted to become an inter­ Recent filings2 made by Transco and Act that the disposition of this proceed­ vener in this proceeding subject to the Brooklyn Union Gas Co. state that ing be expedited in accordance with the rules and regulations of the Commission: Transco’s gas supply has been adversely procedures set forth below. Provided, however, That the participa­ affected by delays in connecting new (3) The participation of the above- named petitioner may be in the public tion of such intervener shall be limited interest. to matters affecting asserted rights and 2 Motion for early settlement conference (4) It is appropriate in the administra­ interests specifically set forth in its peti­ filed Aug. 23, 1971, by Transco in its cur­ tion of the Natural Gas Act to allow tion for leave to intervene; and Provided, tailment proceeding in Docket No. RP71-118. Eastern Shore’s notice of withdrawal of Notice filed Aug. 26, 1971, by Brooklyn further, That the admission of such Union Gas Co. of intention to make emer­ its tariff filing in Docket No. RP71-121 intervener shall not be construed as gency sales to Transco pursuant to § 2.68 of to become effective as of September 10, recognition by the Commission that it the Commission’s rules of practice and pro­ 1971. cedure in order to assist Transco in over­ The Commission orders: might be aggrieved because of any order coming a current imbalance in its storage (A) Pursuant to the authority of theor orders of the Commission entered in inventories. Natural Gas Act, particularly sections 4, this proceeding.

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 NOTICES 18813

(P) A Presiding Examiner to be desig­ commence on November 2, 1971, at 10 tions for future power development pur­ nated by the Chief Examiner for that a.m. (e.s.t.) in a hearing room of the poses. Revocation of the powersite with­ purpose (See Delegation of Authority, 18 Federal Power Commission, Washington, drawals affecting these lands would serve CFR 3.5(d)) shall preside at the hearing D.C. 20426. With respect to the request to clear the records. in this proceeding pursuant to the Com­ in the motion filed by Community Public The unsurveyed lands described in T. mission’s rules of practice and procedure. Service Co. that El Paso be required to 28 N., R. 15 E., were reserved for a once- (G) Eastern Shore’s notice of with­ file additional information, disposition proposed dam and reservoir site (Goose drawal filed August 11, 1971, shall be will be made by subsequent order. Creek powerplant site) located near the effective as of September 10, 1971, to town of Red River. The plan of develop­ K enneth F. P lumb, ment proposed a dam 230 feet high creat­ withdraw the proposed tariff sheets Secretary. tendered for filing in Docket No. RP71- ing a gross head of 283 feet which, cou­ 121 on May 17, 1971, pursuant to § 1.11 [FR Doc.71-13908 Filed 9-21-71;8:48 am] pled with a regulated streamflow of 2 0 (d) of the Commission’s rules of practice c.f.s., would produce an estimated 385 kw. at 80-percent efficiency. The Goose and procedure, and the proceeding in [Docket No. DA-80] Docket No. RP71-12Lshall be terminated Creek site was also included in the Bu­ as of September 10, 1971. GEOLOGICAL SURVEY reau of Reclamation’s San Juan-Chama project as the Zwergle Dam and Reser­ By the Commission. Finding and Order voir development. The damsite was later [seal! K enneth F. P lumb, S eptember 13,1971. found to be geologically unfit for the Secretary. proposed dam and the development was Lands withdrawn in Water Power eliminated from the project plans. [PR Doc.71-13927 Piled 9-21-71;8:50 am] Designation No. 1, Power Site Reserve No. 740 and Project No. 1874, Docket No. The Geological Survey’s request for the DA-80-New Mexico, U.S. Geological instant case includes lands in secs. 32 and [Docket No. RP72-6] Survey. 33, T. 29 N., R. 14 E„ which were made a part of DA-53-New Mexico, issued Feb­ EL PASO NATURAL GAS CO. Application has been filed by the U.S. Geological Survey for revocation of the ruary 28, 1964. In DA-53-New Mexico, Notice of Extension of Time and above-designated water Power Designa­ the Commission found that these lands Postponement of Hearing tion, Power Site Reserve and Project have little or no power value and offered withdrawal affecting the following de­ no objection to the cancellation of Water September 15, 1971. scribed lands of the United States, there­ Power Designation No. 1. Therefore, no On September 7, 1971, American by, requiring Commission consideration further action by the Commission is nec­ Smelting and Refining Co., and Kenne- under section 24 of the Federal Power essary as to these lands. cott Copper Corp. filed a motion for an Act. The Commission finds: extension of time within which to file The subject lands have negligible and serve written testimony, in the N ew Mexico P rincipal Meridian, N ew Mexico power value, and it offers no objection to above-designated proceeding. The mo­ T. 28 N., R. 12 E., the revocation of Power Site Reserve No. tion further requests that the hearing be Sec. 3, lots 5, 7, 8, Ni/2SW%, SW ^ SW ^, 740 and Water Power Designation No. 1 postponed. On September 13, 1971, Com- N W ^ S E iA ; T. 28 N„ R. 13 E., insofar as they pertain to the subject pania Minera de Cananea, S. A. de C. V., Sec. 5, lot 6; lands. and Inspiration Consolidated Copper Co. T. 29 N., R. 13 E., The Commission orders; filed a motion requesting the same ex­ Sec. 32, lot 10; (A) The withdrawal of subject lands tension of time and postponement. Com­ T. 29 N., R. 14 E., pursuant to the application for Project munity Public Service Co. (Community) Sec. 32 Sft; No. 1874 is hereby vacated. on September 9, 1971, filed a motion re­ Sec. 33! all. questing that El Paso Natural Gas Co. T. 28 N.,R. 15 E., (B) The application insofar as it per­ (El Paso) be required to file additional All lands of the United States which, when tains to the lands in secs. 32 and 33, T. surveyed, shall he included in whole or 29 N., R. 14 E , is hereby dismissed. information. Community’s motion fur­ in part within one-half mile of Rio ther requests that the hearing be post­ Colorado (now called Red River). By the Commission. poned until not earlier than 30 days Approximately 4,225 acres. after the service of the additional infor­ [seal] K enneth F. P lumb, mation. On September 13, 1971, Arizona The subject lands lie along Red River Secretary. Public Service Co. filed a motion in sup­ and are withdrawn variously in Water [FR Doc.71-13928 Filed 9-21-71;8:50 am] port of the motions for an extension of Power Designation No. 1, dated August 7, 1916; Power Site Reserve No. 740, dated time. On September 9, 1971, Southern [Docket No. CP72-54] California Gas Co. filed a telegram op­ May 21, 1920, and pursuant to the filing posing the requested extension of time on April 13, 1942, of an application for LONE STAR GAS CO. license for Project 1874. and postponement. On September 13, Notice of Application 1971, El Paso filed an answer to the mo­ The lands are scattered tracts which tion that El Paso would refrain from were omitted from an earlier determina­ September 15, 1971. placing its revised tariff sheets into effect tion or which were included in the earlier determination but were subsequently Takfe notice that on September 2,1971, until April 1, 1972, or the date of the omitted from the order of restoration Lone Star Gas Co. (Applicant), 301 final Commission order, whichever oc­ South Harwood Street, Dallas, TX 75201, curs first. Southern California Gas Co. issued by the Department of the Interior. Some of the lands are patented without filed in Docket No. CP72-54 an applica­ and Southwest Gas Corp. then filed tele­ reservations for future power develop­ tion pursuant to section 7(c) of the grams withdrawing their opposition to Natural Gas Act as implemented by the requested extension of time. ment. Portions of the lands listed in T. 28 N., § 157.7(b) of the regulations under said Upon consideration, notice is hereby R. 12 E., were occupied by a small hydro­ Act, for a certificate of public conven­ given that the time is extended to and electric plant (12.9 hp.) formerly under ience and necessity authorizing the con­ including October 18, 1971, within which license to the New Mexico State Game struction, during the calendar year 1972, any parties or the Commission staff Commission as Project No. 1874. The and operation of certain natural gas planning to present testimony in opposi­ project was abandoned upon expiration facilities to enable Applicant to take into tion to El Paso’s curtailment procedures of the license on March 13, 1964. There­ its pipeline system supplies of natural shall file and serve on the Presiding fore, retention of the project withdrawal gas which will be purchased from pro­ Examiner, the Commission’s staff, and serves no useful purpose. ducers in the general area of its existing all parties prepared written testimony in system, all as more fully set forth in the support of their positions, pursuant to The lands listed in Tps. 28 and 29 N., application which is on file with the paragraph (D) of the order issued Au­ R. 13 E., are lands that were patented, Commission and open to public gust 5,1971. The hearing is postponed, to in a homestead entry, without reserva­ inspection.

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18814 NOTICES Applicant states that the purpose of in the petition to amend which is on nection at Shamrock’s McKee Processing this budget-type application is to aug­ file with the Commission and open to Plant in Moore County, Tex. ment its ability to act with reasonable public inspection. The estimated cost of the proposed dispatch in contracting for and con­ The requested modifications are as facilities is $15,660, which will be financed necting to its pipeline supplies of follows: from cash on hand. Applicant states that natural gas. The total cost of the facili­ Shamrock, at its expense, will install all ties proposed herein is $500,000, with no Author- Increase Total other facilities necessary to measure and single project costing in excess of Customer Rate ized or delivery deliver, or accept delivery of, the volumes schedule delivery decrease as $125,000. modified to be exchanged. Any person desiring to be heard or to Any person desiring to be heard or to make any protest with reference to said [ACQ-1 10,500 10,150 350 make any protest with reference to said Keokuk Qas 12,000 application should on or before Octo­ application should on or before Octo­ Service Co.

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 NOTICES 18815 contract demand and peaking service the application which is on file with the approximately 7.7 miles of 6 -inch pipe­ deliveries for certain communities for Commission and open to public inspec­ line in lieu of an equal length of 1 2 -inch the 1971-72 winter heating season. Ap­ tion. pipeline, all as more fully set forth in the plicant states that the reallocation pro­ Applicant states that the purpose of petition to amend which is on file with posed herein will not increase or de­ this budget-type application is to aug­ the Commission and open to public crease the presently authorized total ment its ability to act with reasonable inspection. contract demand or peaking service vol­ dispatch in contracting for and connect­ The order of May 4, 1970, authorized, umes received by Wisconsin. ing to its pipeline system supplies of inter alia, the construction and operation Any person desiring to be heard or to natural gas. The total cost of the facili­ of approximately 7.7 miles of 12-inch make any protest with reference to said ties proposed herein is not to exceed $7 pipeline to extend from the terminus of application should on or before October 5, million with no single project costing in petitioner’s Elk City Line to the North 1971, file with the Federal Power Com­ excess of $1 million. Applicant states that Carter Field, Beckham County, Okla. mission, Washington, D.C. 20426, a peti­ these costs will be financed from cash This pipeline was intended to receive nat­ tion to intervene or a protest in accord­ on hand and funds generated by normal ural gas purchased from Occidental ance with the requirements of the Com­ operations. Petroleum Corp. (Occidental). The nat­ mission’s rules of practice and procedure Any person desiring to be heard or to ural gas reserves dedicated to petitioner (18 CFR 1.8 or l'. 10) and the regulations make any protest with reference to said by Occidental in the North Carter Field under'the Natural Gas Act (18 CFR 157.- application should on or before October have not equaled expectation and peti­ 10). All protests filed with the Commis­ 5,1971, file with the Federal Power Com­ tioner states that a 6 -inch pipeline was sion will be considered by it in deter­ mission, Washington, D.C. 20426, a peti­ installed in lieu of the 1 2 -inch line here­ mining the appropriate action to be tion to intervene or a protest in accord­ inbefore authorized. taken but will not serve to make the pro­ ance with the requirements of the Com­ Petitioner states that the 6 -inch pipe­ testants parties to. the proceeding. Any mission’s rules of practice and procedure line was installed at a cost of $243,219, a person wishing to become a party to a (18 CFR 1.8.or 1.10) and the regulations savings of $233,981 from the cost origi­ proceeding or to'participate as a party under the Natural Gas Act (18 CFR nally projected, and that this line will in any hearing therein must file a peti­ 157.10). All protests filed with the Com­ have sufficient capacity to receive the tion to intervene in accordance with the. mission will be considered by it in de­ volumes of natural gas purchased from Commission’s rules. termining the appropriate action to be Occidental. Take further notice that, pursuant to taken but will not serve to make the Any person desiring to be heard or to the authority contained in and subject to protestants parties to the proceeding. make any protest with reference to said the jurisdiction conferred upon the Fed­ Any person wishing to become a party petition to amend should on or before eral Power Commission by sections 7 to a proceeding or to participate as a October 4, 1971, file with the Federal and 15 of the Natural Gas Act and the party in any hearing therein must file a Power Commission, Washington, D.C. Commission’s rules of practice and pro­ petition to intervene in accordance with 20426, a petition to intervene or a pro­ cedure, a hearing will be held without the Commission’s rules. test in accordance with the requirements further notice before the Commission Take further notice that, pursuant of the Commission’s rules of practice and on this application if no petition to in­ to the authority contained in and subject procedure (18 CFR 1.8 or 1.10) and the tervene is filed within the time required to the jurisdiction conferred upon the regulations under the Natural Gas Act herein, if the Commission on its own re­ Federal Power Commission by sections (18 CFR 157.10). All protests filed with view of the matter finds that a grant of 7 and 15 of the Natural Gas Act and the the Commission will be considered by it the certificate is required by the public Commission’s rules of practice and pro­ in determining the appropriate action convenience and necessity. If a petition cedure, a hearing will be held without to be taken but will not serve to make for leave to intervene is timely filed, or further notice before the Commission on the protestants parties to the proceed­ if the Commission on its own-motion be­ this application if no petition to inter­ ing. Any person wishing to become a lieves that a formal hearing is required, vene is filed within the time required party to a proceeding or to participate further notice of such hearing will be herein, if the Commission on its own as a party in any hearing therein must duly given. review of the matter finds that a grant file a petition to intervene in accordance Under the procedure herein provided of the certificate is required by the pub­ with the Commission’s rules. for, unless otherwise advised, it will be lic convenience and necessity. If a peti­ unnecessary for Applicant to appear or tion for leave to intervene is timely filed, K enneth F . P lum b, be represented at the hearing. or if the Commission on its own motion Secretary. [FR Doc.71-13914 Filed 9-21-71;8:49 am] K enneth F. P lum b, believes that a formal hearing is re­ Secretary. quired, further notice of such hearing will be duly given. JDocket No. CP72-52 ] [PR Doc.71-13912 Filed 9-21-71;8:48 am] Under the procedure herein provided for, unless otherwise advised, it will be SOUTHERN NATURAL GAS CO. [Docket No. CP72-57] unnecessary for Applicant to appear or be represented at the hearing. Notice of Application NORTHERN NATURAL GAS CO. K enneth F. P lum b, S eptember 15, 1971. Notice of Application Secretary. Take notice that on September 1,1971, [FR Doc.71-13913 Filed 9-21-71;8:49 am] Southern Natural Gas Co. (applicant), S eptember 15, 1971. Post Office Box 2563, Birmingham, AL Take notice that on September 3,1971, 35202, filed in Docket No. CP72-52 an Northern Natural Gas Co. (Applicant), [Docket No. CP70-139] application pursuant to section 7(b) of 2223 Dodge Street, Omaha, NE 68102, PANHANDLE EASTERN PIPE LINE CO. the Natural Gas Act for permission for filed in Docket No. CP72-57 an applica­ and approval of the abandonment of the tion pursuant to section 7(c) of the Notice of Petition To Amend transportation of natural gas for Mis­ Natural Gas Act as implemented by sissippi Chemical Corp. (Mississippi) and § 157.7(b) of the regulations under said S eptember 15, 1971. certain of the facilities employed to pro­ Act, for a certificate of public conven­ Take notice that on August 30, 1971, vide this service, all as more fully set ience and necessity authorizing the con­ Panhandle Eastern Pipe Line Co. (peti­ forth in the application which is on file struction, during the calendar year 1972, tioner), Post Office Box 1348, Kansas with the Commission and open to public AHd operation of certain natural gas City, MO 64141, filed in Docket No. inspection. facilities to enable Applicant to take into CP70-139 a petition to amend the order its pipeline system supplies of natural of the Commission issued pursuant to Applicant states that as a result of gas which will be purchased from pro­ section 7(c) of the Natural Gas Act on the severe natural gas shortage it will ducers in the general area of its existing May 4, 1970 (43 FPC 682), by authoriz­ be necessary to terminate the contract system, all as more fully set forth in ing the construction and operation of by which Mississippi presently receives

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18816 NOTICES

29,000 Mcf per day of firm natural gas more fully set forth in the application claratory Order,’’ pursuant to § 1.7(c) of and up to 23,000 Mcf per day of inter­ which is on file with the Commission and the Commission’s rules of-practice and ruptible service. Applicant intends to open to public inspection. procedure and section 554(e) of the Ad­ terminate this contract effective Decem­ Applicants seek authorization herein ministrative Procedure Act, concerning ber 31,1972. for the exchange of up to 5,000 Mcf of the proper interpretation and operation Applicant proposes to abandon in place natural gas per day. Truckline proposes of substitute fuel clauses contained in approximately 6.3 miles of 8 %-inch pipe­ to deliver natural gas to Texas Gas United’s direct sale contracts with M issis­ line and approximately 4.7 miles of 8 %- through Texas Gas’ measuring facilities sippi Power and Light Co. (MP&L), Mis­ inch loop line located in Yazoo County, located at Samedan Oil Corp.’s Miami sissippi Power Co. (Mississippi Power), Miss. The metering and regulating facil­ corporation B -l well in section 34, Town­ and International Paper Co. (Interna­ ities employed for this service will be ship 13 South, Range 5 West, Cameron tional) , in order to terminate controver­ abandoned and salvaged. Parish, LA. Texas Gas will deliver to sies and remove uncertainty. The peti­ Any person desiring to be heard or to Truckline or its designee the same quan­ tion was noticed by publication in the make any protest with reference to said tity of gas through existing metering F ederal R egister on April 20, 1971 (36 application should on or before Octo­ facilities, operated by Shell Oil Co., in F.R. 7485), with provision for the filing of ber 4, 1971, file with the Federal Power the Chalkley field area, located in sec­ protests or petitions to intervene by Commission, Washington, D.C. 20426, a tion 27, Township 12 South, Range 6 April 30, 1971. MP&L, Mississippi Power, petition to intervene or a protest in ac­ West, Cameron Parish, LA. Applicants and International Paper, each filed peti­ cordance with the requirements of the state that no new facilities will be re­ tions to intervene and answers denying Commission’s rules of practice and pro­ quired for the service proposed herein. that the Commission has jurisdiction to cedure (18 CFR 1.8 of 1.10) and the Any person desiring to be heard or to grant United the relief sought. Consoli­ regulations under the Natural Gas Act make any protest with reference to said dated Gas Supply Corp., Laclede G as Co., (18 CFR 157.10). All protests filed with application should on or before October Mississippi River Transmission Corp., the Commission will be considered by it 5,1971, file with the Federal Power Com­ Philadelphia Gas Works, and Texas Gas in determining the appropriate action to mission, Washington, D.C. 20426, a pe­ Transmission Corp. filed petitions to in­ be taken but will not serve to make the tition to intervene or a protest in accord­ tervene. Gulf States Utilities Co. filed a protestants parties to the proceeding. ance with the requirements of the Com­ petition to intervene, which also denies Any person wishing to become a party to mission’s rules of practice and procedure Commission jurisdiction to grant the re­ a proceeding or to participate as a party (18 CFR 1.8 or 1.10) and the regulations quested relief. On May 17, 1971, United in any hearing therein must file a peti­ under the Natural Gas Act (18 CFR filed a reply, stating the Commission has tion to intervene in accordance with the 157.10). All protests filed with the Com­ jurisdiction to grant the relief sought Commission’s rules. mission will be considered by it in de­ under sections 5(a) and 7 of the Natural Take further notice that, pursuant to termining the appropriate action to be Gas Act. the authority contained in and subject taken, but will not serve to make the The issues raised by the petition and to the jurisdiction conferred upon the protestants parties to the proceeding. answers thereto are questions of law Federal Power Commission by sections 7 Any person wishing to become a party which do not require an evidentiary hear­ and 15 of the Natural Gas Act and the to a proceeding or to participate as a ing and are currently under consideration Commission’s rules of practice and pro­ party in any hearing therein must file a as part of RP71-29, United’s curtailment cedure, a hearing will be held without petition to intervene in accordance with case. Under these circumstances it is ap­ further notice before the Commission on the Commission’s rules. propriate that Dockets Nos. RP71-29 and this application if no petition to inter­ Take further notice that, pursuant to RP71-99 be consolidated for final vene is filed within the time required the authority contained in and subject decision. herein, if the Commission on its own to the jurisdiction conferred upon the The Commission finds : review of the matter finds that permis­ Federal Power Commission by sections 7 (1) It is necessary and proper in the sion and approval for the proposed aban­ and 15 of the Natural Gas Act and the public interest and to aid in the enforce­ donment are required by the public con­ Commission’s rules of practice and pro­ ment of the provisions of the Natural Gas venience and necessity. If a petition for cedure, a hearing will be held without Act that Docket No. RP71-99 be consoli­ leave to intervene is timely filed, or if further notice before the Commission on dated with Docket No. RP71-29 for pur­ the Commission on its own motion be­ this application if no petition to inter­ poses of decision. lieves that a formal hearing is required, vene is filed within the time required (2) The participation of the above- further notice of such hearing will be herein, if the Commission on its own re­ named petitioners in this proceeding may duly given. view of the matter finds that a grant of be in the public interest. Under the procedure herein provided the certificate is required by the public The Commission orders: for, unless otherwise advised, it will be convenience and necessity. If a petition (A) The proceedings in Dockets Nos. unnecessary for amfiicant to appear or for leave to intervene is timely filed, or if RP71-99 and RP71-29 are hereby consoli­ be represented at the hearing. the Commission on its own motion be­ dated. (B) The above-named petitioners are K enneth F. P lumb, lieves that a formal hearing is required, Secretary. further „ notice of such hearing will be hereby permitted to intervene in the [FR Doc.71-13915; Filed 9-21-71;8:49 am] duly given. present proceeding, subject to the rules Under the procedure herein provided and regulations of the Commission: Pro­ vided, however, That the participation of [Docket No. CP72-53] for, unless otherwise advised, it will be unnecessary for Applicants to appear or such interveners shall be limited to mat­ TRUNKLINE GAS CO. AND TEXAS GAS be represented at the hearing. ters affecting asserted rights and inter­ TRANSMISSION CORP. ests specifically set forth in the respec­ K enneth F . P lum b, Notice of Application Secretary. tive petitions to intervene: And provided, further, That the admission of such in­ [FR Doc.71-13916 Filed 9-21-71;8:49 am] S eptember 15, 1971. terveners shall not be construed as recog­ Take notice that on September 1,1971, nition by the Commission that they, or Truckline Gas Co. (Truckline), 3000 Bis- [Dockets Nos. RP71-29, RP71-99] sonnet, Houston, TX 77001; and Texas any of them, might be aggrieved because Gas Transmission Corp. (Texas Gas), UNITED GAS PIPE LINE CO. of any order or orders issued by the Com­ 3800 Frederica Street, Owensboro, KY Order Consolidating Proceedings and mission in this proceeding. 42301, filed an application pursuant to Permitting Interventions By the Commission. section 7(c) of the Natural Gas Act for • S eptember 15, 1971. [ seal] K enneth F. P lumb, a certificate of public convenience and Secretary. necessity authorizing the exchange of United Gas Pipe Line Co. (United) on natural gas between the parties, all as March 31, 1971, filed a “Petition for De­ [FR Doc.71-13917 Filed 9-21-71;8:49 am]

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 NOTICES 18817

Board of Governors of the Federal Re­ eral R egister, comments and views re­ FEDERAL RESERVE SYSTEM serve System, September 15, 1971. garding the proposed acquisitions may be filed with the Board. Communications COMBANKS CORP. [ seal] T yna n S m ith , Secretary. should be addressed to the Secretary, Notice of Applications for Approval of Board of Governors of the Federal Re­ Acquisition of Shares of Banks [FR Doc.71-13880 Filed 9-21-71;8:46 am] serve System, Washington, D.C. 20551. The applications may be inspected at the Notice is hereby given that four sepa­ office of the Board of Governors or the rate applications have been made, as SOUTHEAST BANKING CORP. Federal Reserve Bank of Atlanta. listed below, pursuant to section 3(a) (3) Notice of Applications for Approval of Board of Governors of the Federal Re­ of the Bank Holding Company Act of serve System, September 15, 1971. 1956 (12 U.S.C. 1842(a)(3)), by Corn- Acquisition of Shares of Banks banks Corp., which is a bank holding Notice is hereby given that five separ­ [ seal] T ynan S m it h , company located in Winter Park, Fla., ate applications have been made, as Secretary. as follows: listed below, pursuant to section 3(a) (3) [FR Doc.71-13881 Filed 9-21-71;8:46 am] 1. Application for prior approval by of the Bank Holding Company Act of the Board of Governors of the acquisi­ 1956 (12 U.S.C. 1842(a)(3)), by South­ tion by Applicant of 55.1 percent or more east Banking Corporation, which is a VIRGINIA COMMONWEALTH of the voting shares of South Seminole bank holding company located in Miami, BANKSHARES, INC. Bank, Sanford, Fla. Fla., as follows: 1. Application for prior approval by the Notice of Applications for Approval of 2. Application for prior approval by Acquisition of Shares of Banks the Board of Governors of the acquisi­ Board of Governors of the acquisition by tion by Applicant of 55.1 percent or more Applicant of 24.9 percent or more of the Notice is hereby given that two sepa­ of the voting shares of North Orlando voting shares of South Seminole Bank, rate applications have been made, as Bank, Orlando, Fla. Sanford, Fla. listed below, pursuant to section 3(a) (3) 3. Application for prior approval by 2. Application for prior approval by of the Bank Holding Company Act of the Board of Governors of the acquisi­ the Board of Governors of the acquisition 1956 (12 U.S.C. 1842(a) (3)), by Virginia tion by Applicant of 55.1 percent or more by Applicant of 24.9 percent or more of Commonwealth Bankshares, Inc., which of the voting shares of The Commercial the voting shares of North Orlando is a bank holding company located in Bank at Pine Castle, Pine Castle, Fla. Bank, Orlando, Fla. Richmond, Va„ as follows: 3. Application for prior approval by 4. Application for prior approval by 1. Application for prior approval by the Board of Governors of the acquisition the Board of Governors of the acquisi­ the Board of Governors of the acquisition by Applicant of 24.9 percent or more of by Applicant of 55>.l percent or more of tion by applicant of 1 0 0 percent of the the voting ¿hares of The Commercial voting shares (less directors’ qualifying the voting shares of Bank at Apopka, Bank at Pine Castle, Pine Castle, Fla. Apopka, Fla. shares) of the successor by merger to 4. Application for prior approval by Bank of Whaleyville, Inc., Whaleyville, Section 3(c) of the Act provides that the Board of Governors of the acquisition Va. the Board shall not approve: by Applicant of 24.9 percent or more of 2. Application for prior approval by (1) Any acquisition or merger or con­ the voting shares of Bank at Apopka, the Board of Governors of the acquisi­ solidation under section 3 which would Apopka, Fla. tion by Applicant of 100 percent of the result in a monopoly, or which would be 5. Application for prior approval by voting shares (less directors' qualifying in furtherance of any combination or the Board of Governors of the acquisition shares) of the successor by merger to conspiracy to monopolize or to attempt by Applicant of 98.1 percent or more of Bank of Warren, Front Royal, Va. to monopolize the business of banking in the voting shares of The Commercial Section 3(c) of the Act provides that any part of the United States, or Bank at Winter Park, Winter Park, Fla. the Board shall not approve: (2) Any other proposed acquisition or Section 3(c) of the Act provides that (1) Any acquisition or merger or con­ merger or consolidation under section 3 the Board shall not approve: solidation under section 3 which would whose effect in any section of the country (1) Any acquisition or merger or con­ result in a monopoly, or which would be may be substantially to lessen competi­ solidation under section 3 which would in furtherance of any combination or tion or to tend to create a monopoly, or result in a monopoly, or which would be conspiracy to monopolize or to attempt which in any other manner would be "in in furtherance of any combination or to monopolize the business of banking in restraint of trade, unless the Board finds conspiracy to monopolize or to attempt to any part of the United States, or that the anitcompetitive effects of the monopolize the business of banking in (2) Any other proposed acquisition or proposed transaction are clearly out­ any part of the United States, or merger or consolidation under section 3 weighed in the public interest by the (2) Any other proposed acquisition or . whose effect in any section of the coun­ probable effect of the transaction in merger or consolidation under section 3 try may be substantially to lessen com­ meeting the convenience and needs of whose effect in any. section of the coun­ petition, or to tend to create a monopoly, the community to be served. try may be substantially to lessen compe­ or which in any other manner would be Section 3(c) further provides that, in tition, or to tend to create a monopoly, or in restraint of trade, unless the Board every case, the Board shall take into con­ which in any other manner would be in finds that the anticompetitive effects of sideration the financial and managerial restraint of trade, unless the Board finds the proposed transaction are clearly out­ resources and future prospects of the that the anticompetitive effects of the weighed in the public interest by the company or companies and the banks proposed transaction are clearly out­ probable effect of the transaction in concerned, and the convenience and weighed in the public interest by the meeting the convenience and needs of needs of the community to be served. probable effect of the transaction in meeting the convenience and needs of the community to be served. Not later than thirty (30) days after Section 3(c) further provides that, in the publication of this notice in the the community to be served. Section 3(c) further provides that, in every case, the Board shall take into con­ Federal R egister, comments and views sideration the financial and managerial regarding the proposed acquisitions may every case, the Board shall take into con­ sideration the financial and managerial resources and future prospects of the be filed with the Board. Communications company or companies and the banks should be addressed to the Secretary, resources and future prospects of the company or companies and the banks concerned, and the convenience and Board of Governors of the Federal Re­ needs of the community to be served. serve System, Washington, D.C. 20551, concerned, and the convenience and needs of the community to be served. Not later than thirty (30) days after The application may be inspected at the the publication of this notice in the F ed­ office of the Board of Governors or the Not later than thirty (30) days after the publication of this notice in the Fed­ eral R egister, comments and views re­ Federal Reserve Bank of Atlanta. garding the proposed acquisitions may

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18818 NOTICES be filed with the Board. Communications b. The Secretary of Defense may re­ diversified into the retail jewelry and should be addressed to the Secretary, delegate this authority to any officer, junior department store fields and has Board of Governors of the Federal Re­ official, or employee of the Department acquired an aircraft radio and engine serve System, Washington, D.C. 20551. of Defense. maintenance service operation. In con­ The applications may be inspected at the c. This authority shall be exercised in nection with its various merchandising office of the Board of Governors or the accordance with the policies, procedures, operations, Dillion, through one of its Federal Reserve Bank of Richmond. and controls prescribed by the General wholly-owned subsidiaries, engages in the Services Administration, and, further, purchase, development, and leasing of Board of Governors of the Federal Re­ shall be exercised in cooperation with commercial real estate, including the de­ serve System, September 15, 1971. the responsible officers, officials, and em­ velopment and leasing of shopping center [ seal] T ynan S m ith , ployees thereof. complexes. Dillon’s retail food operations Secretary. are carried out over an 11-State area. R obert L. K itnzig, [FR Doc.71-13882 Filed 9-21-71;8:46 am] Administrator of General Services. Applicant was incorporated in Colorado under the name Dillon Central, Inc. on S eptember 15, 1971. August 21, 1968, as a wholly-owned sub­ [FR Doc.71-13925 Filed 9-21-71;8:50 am] sidiary of Dillon for the purpose of ac­ FEDERAL TRADE COMMISSION quiring the business and certain of the assets of the then existing Central In­ Bureau of Consumer Protection vestment Corp; of Denver (Central), a SECURITIES AND EXCHANGE Colorado corporation organized in Feb­ CHANGE, IN DIVISION TITLES ruary of 1960. Central, prior to the sale of Notice is hereby given that the Fed­ its assets to and the assumption of cer­ eral Trade Commission has changed the COMMISSION tain of its liabilities by Applicant, was titles of three of its Divisions in the [812-2405] registered under the Act as a closed-end, Bureau of Consumer Protection as nondiversified, management investment follows: CENTRAL INVESTMENT COMPANY OF company and was licensed under the From: Division of Industry Guidance. DENVER Small Business Investment Act of 1958. To: Division of Rules and Guides. Notice .of Filing of Application for On December 31, 1968/pursuant to an Agreement and Plan of Reorganization, From: Division of Food and Drug Order Exempting Company From Advertising. Applicant acquired the going business To-: Division of National Advertising. All Provisions and certain of the assets of Central in From: Division of Special Projects. S eptember 14, 1971. exchange for 547,368 shares of Dillon’s common stock on a basis of exchange of To: Division of Consumer Credit and Notice is hereby given that Central Special Programs. 1 share of Dillon’s stock for each 2.85 Investment Co. of Denver (formerly Dil­ shares of Central’s stock. Certain of Cen­ Effective upon publication in the F ed­ lon Central, Inc.) (hereinafter Appli­ eral R egister (9-22-71). tral’s assets not acquired by Applicant cant), 811 Central Bank Building, Den­ were transferred to Dillon Capital Corp., By direction of the Commission dated ver, Colo. 80202, a Colorado corporation another wholly-owned subsidiary of September 14, 1971. licensed under the Small Business In­ Dillon. vestment Act of 1958, and registered as Subsequent to the above-mentioned [ seal] Charles A. T obin, a closed-end, diversified, management Secretary. reorganization Central changed its name investment company under the Invest­ to Central Liquidating Corp. and was dis­ [FR Doc.71-13960 Filed 9-21-71;8:53 am] ment Company Act of 1940 (Act)* has solved and Applicant adopted the name filed an application pursuant to section of Central Investment Corp. of Denver. 6 (c) of the Act for an order exempting Applicant and Dillon Capital Corp. are it from all provisions of the Act. All in­ managed by substantially the sam e offi­ GENERAL SERVICES terested persons are referred to the cers who managed Central prior to the amended application on file with the reorganization. The application states Commission for a statement of the rep­ ADMINISTRATION that the organization of A pplicant and resentations made therein, which are its acquisition of the business of Central [Federal Property Management Regs.; summarized below. Temporary Reg. F-120] represents Dillion’s further diversifica­ The only securities of Applicant pres­ tion into the small business investment SECRETARY OF DEFENSE ently outstanding consist of 50,000 company field. Moreover, it is stated that shares of its common stock and $3,370,- Dillon expects Applicant and Dillon Cap­ Delegation of Authority 0 0 0 principal amount of long-term notes ital Corp. to be an adjunct to Dillon’s and debentures. All of the outstanding 1. Purpose. This regulation delegates' efforts to acquire and develop new busi­ shares of Applicant’s common stock are nesses and thereby further diversify. authority to the Secretary of Defense owned by Dillon Companies, Inc. (Dil­ to represent the consumer interests of lon), a Kansas corporation, and all of In support of its statement that Dillon the executive agencies of the Federal Applicant’s outstanding notes and de­ is primarily engaged in the retail mer­ Government in an electric and gas serv­ bentures are held by the U.S. Small chandising, manufacturing, real estate, ice rate proceeding. Business Administration. and service businesses mentioned above, 2. Effective date. This regulation is Dillon, at June 27,1970, had outstand­ Applicant has submitted schedules show­ effective immediately. ing 4,151,790 shares of common stock, ing the composition of Dillon’s unconsoli­ 3. Delegation, a. Pursuant to the au­ which were held by 7,301 shareholders dated assets in accordance with section thority vested in me by the Federal of record and total assets on a consoli­ 3(a) (3) of the Act, on the basis of Dil­ dated basis of $63,274,262. Dillon’s com­ lon’s audited balance sheet at June 27, Property and Administrative Services 1970, and as adjusted to reflect the fair Act of 1949, 63 Stat. 377, as amended, mon stock is listed for trading on the particularly sections 201(a)(4) and 205 New York Stock Exchange. value of Dillon’s assets. On the basis of (d) (40 U.S.C. 481(a)(4) and 486(d)), The application states that Dillon was that balance sheet, the book value of authority is delegated to the Secretary organized in 1921, and is primarily en­ Dillon’s investment securities at June 27, of Defense to represent the consumer in­ gaged, directly and through wholly- 1970, was equal to less than 13 percent of terests of the executive agencies of the owned subsidiaries, in the business of the total book value of Dillon’s assets on Federal Government before the Montana manufacturing and processing certain an unconsolidated basis, exclusive of cash Public Service Commission in a proceed­ food items and merchandising food prod­ items. On the basis of Dillon’s assets as ucts through retail supermarkets and adjusted to reflect their fair market ing (Docket No. 6100) involving the ap­ value, the value of Dillon’s investment plication of Montana Power Co. for convenience-type food stores. In addi­ increased rates. tion, it is stated that Dillon has recently securities at such date was equal to 13.46

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 NOTICES 18819 percent of total assets, exclusive of cash 90 percent of Dillon’s gross revenues (c) File with the Commission within and cash items. and more than 80 percent of its earnings 12 0 days after the close of each fiscal year Applicant further represents that no after taxes for that period. of Applicant and Dillon, (i) a balance adjustment has been made in the above- Applicant is and will continue to be an sheet of each company showing assets in mentioned schedules, to reflect the de­ “investment company” as defined in reasonable detail as of the close of such crease in value, due to trading restric­ section 3(a) of the Act. Section 3(b) (3) fiscal year, with a schedule showing such tions, of publicly traded investment of the Act, generally speaking, excepts assets at value (taking securities for securities in the amount of $448,501, held from the definition of investment com­ which market quotations are readily by Dillon pursuant to investment letters. pany any issuer all of the outstanding available at market value and taking In addition, no current adjustment has securities of which (other than short­ other securities and assets at value as been made to reflect the appreciation, term paper and directors’ qualifying determined in good faith by the board of stated to be in excess of $2,800,000, in the shares) are owned by a company pri­ directors), and (ii) a statement of in­ value of certain real property held by marily engaged in a business other than come for such fiscal year and a statement various operating subsidiaries of Dillon that of investing, reinvesting, owning, of paid-in surplus and retained earnings and included in the schedules as non­ holding, or trading in securities. As stated as of the close of such fiscal year for Ap­ investment assets. Applicant respresents hereinabove, all of the outstanding secur­ plicant and Dillon. Applicant may incor­ that the effect of such adjustments, if ities of Applicant are now owned by porate by reference in any material filed made, would be to reduce the percentage Dillon except for the notes and deben­ to meet the requirements of this condi­ of Dillon’s holdings of investment secu­ tures owned by the U.S. Small Business tion, any document or part thereof previ­ rities in relation to its total assets. Administration. Under the conditions ously or concurrently filed with the Com­ Also, Applicant represents as of noted below, to which Applicant has mission pursuant to any of the Acts March 31,1971 the fair value as a “going agreed in the event the Commission administered by the Commission. concern” of Dillon Companies, Inc., based grants the application, Dillon will not 2. No person other than Dillon or the on the mean market price of its out­ dispose of any securities of Applicant U.S. Small Business Administration shall standing common stock was $95,373,482. (other than short-term paper) now or at any time own any outstanding security The fair value as a going concern of Ap­ hereafter held by it and Applicant will of Applicant (other than short-term plicant and Dillon Capital Corp., as of not issue any securities (other than paper). the same date, based on net asset value short-term paper) except to Dillon or Notice is further given that any inter­ as determined in accordance with sec­ the Small Business Administration. Con­ ested personjnay, not later than October tion 3(a) (3) of the Act was $3,699,463 sequently, if there is compliance with 4, 1971 at 5:30 p.m., submit to the Com­ and $4,837,323, respectively. these conditions, Applicant would be en­ mission in writing a request for a hearing In addition, Applicant represents that titled to an exception under section 3(b) on the matter accompanied by a state­ a substantial portion of Dillon’s revenues (3) of the Act except for the fact that ment as to the nature of his interest, and earnings after taxes are attributable the outstanding long term debt is and the reason for such request and the is­ to its supermarket operations. Thus the may continue to be owned by the Small sues of fact or law proposed to be con­ application states that the total sales Business Administration. troverted, or he may request that he be and other revenues, and the net earnings Section 6 (c) of the Act provides that notified if the Commission should order after taxes, of (a) Dillon and all of its the Commission, by order upon applica­ a hearing thereon. Any such communi­ subsidiaries on a consolidated basis; (b) tion, may conditionally or uncondition­ cation should be addressed: Secretary, Applicant and Dillon Capital Corp. ally exempt any person from any provi­ Securities and Exchange Commission, taken together; and (c) Dillon from sions of the Act, if and to the extent that Washington, D.C. 20549. A copy of such its grocery supermarket business exclu­ such exemption is necessary or appropri­ request shall be served personally or by sively, were, for the periods indicated, ate in the public interest and consistent mail (airmail if the person being served approximately as follows: with the protection of investors and the is located more than 500 miles from the Gross R evenues purposes fairly intended by the policy point of mailing) upon Applicant. Proof and provisions of the Act. of such service (by affidavit or in the Year ending June 30 9 months Applicant states that, it is not in the case of an attorney-at-law by certificate) ending public interest to regulate Applicant un­ shall be filed contemporaneously with Mar. 31,19711969 1970 Mar. 31,19711969 der the Act because all of the outstand­ the request. At any time after said date, ing capital stock of Applicant is owned as provided by Rule 0-5 of the rules and Dillon Cos., by -Dillon, which is not an investment InCi...... $197,100,008 $259,172, 922 $260,957,138 regulations promulgated under the Act, Applicant company, and the notes and debentures an order disposing of the application and Dillon of Applicant are held by the U.S. Small Capital herein may be issued by the Commission Corp...... $682,682 $1,042,021 $838,280 Business Administration which is in a upon the basis of the information stated (0.3%) (0.4%) (0.3%) position to protect its investment in Ap­ Grocery in said application, unless an order for super­ plicant under the provisions of the Small hearing upon said application shall be markets..... $188,238,889 $247,221,968 See below Business Investment Act of 1958. issued upon request or upon the Com­ (95.-6%) (96.3%) Applicant has agreed, in the event the mission’s own motion. Persons who re­ Commission grants the application, that quest a hearing or advice as to whether a N et E arnings After T axes the Commission’s order may be issued hearing is ordered will receive notice of subject to the following conditions: further developments in this matter, in­ Year ending June 30 9 months 1. Applicant shall: ending cluding the date of the hearing (if 1969 1970 Mar. 31, (a) Not issue any securities (other ordered) and any postponements thereof. 1971 than short-term paper as defined in sec­ It is ordered, That the Secretary of tion 2 (a) (36) of the Act) except to (i) the Commission shall send a copy of this Dillon Cos., Inc__ $3,661,370 $4,812,446 $4,294,308 Dillon or (ii) the United States Small Applicant and Dil­ notice by certified mail to the JDeputy lon Capital Corp. $648,663 $485,327 $180,666 Business Administration, unless this Administrator for Investments, Small (17.8%) (10.1% (4 2%) order is modified expressly by another Business Administration, Washington, Grocery supermar­ order of this Commission to permit such kets...... $2,404,331 $3,696,060 See below D.C. 20416. (68.3%) (74 7% transaction; (b) File with the Commission, within For the Commission, by the Division of Applicant states that final figures from 1 2 0 days after the close of each fiscal year Corporate Regulation, pursuant to dele­ Dillon’s grocery supermarket operations of Applicant, the data required by Items gated authority. for the period ending March 31, 1971, 5, 6 , 7, and 8 of the annual report on [ seal] - R onald F. H u n t , are not available but represents that Form N-5R adopted by the Commission Secretary. such operations constituted more than pursuant to section 30(a) of the Act; [FR Doc.71-13824 FUed 9-21-71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 No. 184—Pt. I——7 18820 NOTICES

[812-3010] square foot for the remainder of the Section 17 (a) of the Act, as here per­ term,* subject to reappraisal provisions tinent, prohibits an affiliated person of a PITTWAY CORP. AND METROPOLITAN contained in the underlying lease. The registered investment company from NUNS’ ISLAND PARTNERSHIP sublease also provides for payment by the selling to such registered company any Notice of Application to Permit sublessee, as additional rent, of all taxes securities unless the Commission, upon and other' assessments applicable to the application pursuant to section 17(b), Transaction property. The cost of construction is grants an exemption from the provisions S eptember 16, 1971. estimated at $725,000, but not to exceed of section 17(a) if evidence establishes Notice is hereby given that Pittway $750,000. that the terms of the proposed transac­ Corporation (Pittway) and Metropolitan Pittway, the managing partner, will tions, including the consideration to be Nuns’ Island Partnership (Metropolitan) own 6 6 % percent of the equity of the paid, are reasonable and fair and do not (collectively referred to as Applicants), partnership and will have the final deci­ involve overreaching on the part of any 601 Skokie Boulevard, Northbrook, IL sion as to all matters affecting the part­ person concerned. In addition, the pro­ 60062, have filed an application pursuant nership after the facility is open to the posed transaction must be consistent to sections 6 (c), 17(b) and Rule 17d-l public. Metropolitan, the resident part­ with the policy of the registered invest­ promulgatedv under section 17(d) of the ner, will own 33% percent of the equity ment company concerned and with the Investment Company Act of an order of and will be responsible, subject to Pitt- general purposes of the Act. Section the Commission permitting Applicants to way’s direction, for the operation of the 17 (d) of the Act and Rule 17d-l there­ engage in the transaction described be­ facility, at no cost to the partnership. under, taken together, provide among low. All interested persons are referred Metropolitan will also be responsible for other things, that it shall be unlawful to the application on file with the Com­ the construction of the facility. In ex­ for any affiliated person of a registered mission for a statement of the repre­ change for their respective interests in investment company or any affiliated sentation therein which are summarized the" partnership, Pittway will be com­ person of such a person, acting as prin­ below. mitted to contribute a maximum of cipal, to participate in, or effect any Standard Shares, a registered closed- $500,000 Canadian (Can$) and Metro­ transaction in connection with any; joint end, nondiversified management com­ politan a maximum of Can$250,000 to enterprise or arrangement in which any pany, owns in excess of 38 percent of the the capital of the partnership, constitut­ such registered company, or a company total outstanding common stock of Pitt­ ing in the aggregate the maximum controlled by such registered company, is way and controls Pittway within the projected construction cost of the a participant unless an application re­ meaning of section 2(a)(9) of the Act. facility. garding such arrangement has been Pittway is primarily engaged in, among The proposed partnership agreement granted by an order of the Commission, other things, the business of aerosol and also provides that, simultaneously with and that, in passing upon such an appli­ other packaging, the manufacture of each cash contribution of Metropolitan cation, the Commission will consider aerosol valves and burglar and fire alarm to the partnership capital, Pittway will whether the participation of such regis­ devices, and the publishing of trade lend to Metropolitan an amount equal to tered or controlled company in such magazines. its contribution, up to a maximum of arrangement is consistent with the pro­ Metropolitan is a limited partnership Can$250,000. The related promissory visions, policies and purposes of the Act engaged, directly and through various note provides for interest at the annual and the extent to which such participa­ partnerships, in the development of rate of 10 percent on the unpaid balance tion is on a basis different from or less Nuns’ Island, a 1,000-acre island adja­ and for repayment of the entire proceeds advantageous than that of other par­ cent to Montreal, Canada. Applicants of the loan at or prior to the end of ticipants. A joint enterprise or arrange­ 8 years from the date of the loan. The ment, as used in Rule 17d-l is defined as state that in December 1968, Pittway a written or oral plan, contract, author­ entered into two separate but related loan will be secured by Metropolitan’s agreements whereby it acquired partner­ interest in the new partnership. Pay­ ization or arrangement, or any practice ment of interest and repayment of the or understanding concerning an enter­ ship interests in two joint ventures. Pur­ prise or undertaking whereby a regis­ suant to one of these agreements, Pitt­ principal of the note is to be made to way acquired a 50 percent equity interest Pittway by application of Metropolitan’s tered investment company or a controlled share of the cash flow of the partner­ company thereof and any affiliated per­ in a joint venture with Metropolitan for son of such person have a joint or a joint the development of residential property ship. In the event of default, recourse may be had only to the collateral. Neither and several participation, or share in the on Nuns’ Island. As part of this agree­ profits of such enterprise or undertaking. ment, Pittway acquired the right of first Metropolitan nor any of its partners is refusal to participate in the financing of to be personally liable with respect Section 6 (c) permits the Commission, any commercial or industrial develop­ thereto. upon application, to exempt a trans­ ment of Nuns’ Island undertaken by Applicants state that no partner of action or transactions from any provision Metropolitan. As a result of this partner­ Metropolitan nor any affiliated person of of the Act if it finds that such an exemp­ ship agreement Pittway and Metropoli­ any of the has had, since the November tion is necessary or appropriate in the tan are affiliates within the meaning of 1968 agreements, or now has, any af­ public interest and consistent with the section 2(a) (3) of the Act. filiation with Pittway or Standard, or protection of investors and the purposes with their officers or directors, other than fairly intended by the policy and provi­ On April 26, 1971, the Commission, by through the respective interests of such sions of the Act. order, granted an exemption from cer­ partners in Metropolitan. No such part-, tain provisions of the Act (Investment Notice is further given that any ner participates in any decision of Pitt­ interested person may, not later than Company Act Release Nos. 6436 and way relating to its real estate invest­ 6485), permitting Pittway to participate October 7, 1971, at 5:30 p.m., submit to ments or in any other management the Commission in writing a request for in the financing and construction of the decision of Pittway (or of Standard). Canada Starch Building on Nuns’ Island. a hearing on the matter accompanied by Accordingly, negotiations between ap­ a statement as to the nature of his Pittway now proposes to enter into a new plicants in connection with the tennis partnership with Metropolitan to be interest, the reason for such request, and facility were conducted in an arm’s the issues of fact or law proposed to be known as “Metropolitan-Pittway Tennis length manner. Club.” The partnership will construct an controverted, or he may request that he indoor tennis club facility on approxi­ Applicants represent that the pro­ be notified if the Commission shall order mately 126,000 square feet of land on posed transactions are fair and reason­ a hearing thereon. Any such communica­ Nuns’ Island which land is to be sub­ able and do not involve overreaching; tion should be addressed: Secretary, leased to the partnership by Metropoli­ and that the transactions are necessary Securities and Exchange Commission, tan’s nominee, Metropolitan Nuns’ Island or appropriate in the public interest, and Washington, D.C. 20549. A copy of such No. 11. The sublease provides for rental consistent with the protection of inves­ request shall be served personally or by of $0.07 per square foot commencing on tors and the purposes fairly intended by mail (airmail if the person being served the_opening date of the tennis facility, the policy and provisions of the Act is located more than 500 miles from the until December 1, 1975, and $0.16 per and of section 17 therein. point of mailing) upon applicant at the

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 NOTICES 18821

address set forth above. Proof of such record, or is known to own beneficially, (5) The failure to disclose that Ken service (by affidavit or in case of an 10 percent or more of the outstanding Chamberlain had not consented to be attomey-at-law by certificate) shall be securities of any class of the issuer, and named as counsel for the issuer in the filed contemporaneously w ith the the title and amount owned by each notification and offering circular. request. At any time after said date, as such person; (C) The offering would be made in provided by Rule 0-5 of the rules and (3) Item 3 of the issuer’s Form 1-A violation of section 17(a) of the Securi­ regulations promulgated under the Act, fails to set forth accurately the name and ties Act of 1933, as amended, by reason an order disposing of the application residence address of each director, officer of the matters described above. herein may be issued by the Commission and promoter of the issuer; III. It appearing to the Commission upon the basis of the information stated (4) Item 4 of the issuer’s Form 1-A that it is in the public interest and for the in said application, unless an order for fails to set forth accurately the name protection of investors that the exemp-x hearing upon said application shall be and address of counsel for the issuer in tion of the issuer under regulation A be issued upon request or upon the Commis­ connection with the proposed offering; temporarily suspended, sion’s own motion. Persons who request (5) A written consent of Ken Cham­ It is ordered, Pursuant to rule 261(a), a hearing or advice as to whether a hear­ berlain, who is named as counsel for the subparagraphs (1), (2), and (3), of the ing is ordered will receive notice of issuer in item 4 of the issuer’s Form 1-A, general rules and regulations under the further developments in this matter, was not filed as required by subpara­ Securities Act of 1933, as amended, that including the date of the hearing (if graph (g) of item 11 of Form 1-A; the exemption under regulation A be, ordered) and any postponements (6 ) The issuer’s offering circular fails and it hereby is, temporarily suspended. thereof. to state accurately the date of the issu­ It is further ordered, Pursuant to rule For the Commission, by the Division of er’s incorporation or organization, as 7 of the Commission’s rules of practice, Corporate Regulation, pursuant to dele­ required by paragraph 2 of schedule I; that the issuer file an answer to the al­ gated authority. (7) The issuer’s offering circular fails legations contained in this order within 30 days of the entry thereof. [ s e a l ] R o n a l d F. H u n t , to state the order of priority in which the Secretary. proceeds of the offering will be used for Notice is hereby given that any person having any interest in the matter may [PR Doc.71-13896 Filed 9-21-71;8:47 am] the respective purposes, as required by paragraph 6 (a) of Schedule I; file with the Secretary of the Commission a written request for hearing within 30 (8 ) The issuer’s offering circular fails days after the entry of this order; that [Pile No. 24D—3065 ] to state the name and residence address within 2 0 days after receipt of such re­ UNITED FARMERS AND RANCHERS; of all promoters of the issuer, as re­ quest, the Commission will, or at any time INC. quired by paragraph 9(a) of schedule I; upon its own motion may, set the mat­ (9) The issuer’s offering circular fails ter down for hearing at a place to be Order Temporarily Suspending Ex­ to state the percentage of outstanding designated by the Commission, for the emption, Statement of Reasons, securities of the issuer which will be purpose of determining whether this and Notice of Opportunity for held by directors, officers and promoters, order of suspension should be vacated Hearing as a group, and the percentage of such or made permanent, without prejudice, securities which will be held by the pub­ S e p t e m b e r 16, 1971. however, to the consideration and lic, if all of the securities being offered presentation of additional matters at the I. United Farmers and Ranchers, Inc. are sold, and the respective amounts of (issuer), 4288 Philadelphia Street, Chino, hearing; and that, if no hearing is re­ cash (including cash expended for prop­ quested and none is ordered by the Com­ CA 91710, a Utah corporation and the erty transferred to the issuer) paid general partner, filed with the Commis­ mission, this order shall become per­ therefor by such group and by the pub­ manent on the 30th day after its entry sion on March 19, 1971, a notification on lic as required by paragraph 9(d) of Form 1-A and an offering circular relat­ and shall remain in effect unless or until schedule I; it is modified or vacated by the Com­ ing to a proposed offering of 2 ,0 0 0 units (10) The issuer’s offering circular fails mission; and that notice of the time and of- limited partnership interests at $250 to contain financial statements of the is­ per unit, for an aggregate offering price place for any hearing will promptly be suer as required by paragraph 1 1 (a) of given by the Commission. of $500,000, for the purpose of obtaining schedule I. an exemption from the registration By the Commission. requirements of the Securities Act of (B) The notification and offering cir­ 1933, as amended, pursuant to the provi­ cular contain untrue statements of [ s e a l ] R o n a l d F. H u n t , sions of section 3(b) thereof, and Regula­ material facts and omit to state material Secretary. tion A promulgated thereunder. The facts necessary to make the statements [PR Doc.71-13904 Filed 9-21-71;8:48 am] officers of the issuer and certain uniden­ made, in light of the circumstances un­ tified “NASD members” were designated der which they were made, not mislead­ as persons who would sell the offering. ing, particularly with respect to the fol­ The issuer was to retain 10 percent of the lowing: — SMALL BUSINESS offering price of each unit of limited (1) The notification and offering cir­ partnership sold by officers of the issuer cular state that the issuer was incorpo­ ADMINISTRATION as reimbursement for expenses of the rated in the State of Utah on March 20, [•Delegation of Authority No. 4.4-1 (Region offering. The issuer was to pay a com­ 1971, and February 28,1971, respectively, III) for Disaster No. 839] mission of 10 percent of the offering price whereas, in fact, the issuer was not so to the participating “NASD members” incorporated on such dates; MANAGER, BALTIMORE DISASTER for each unit of limited partnership sold (2) The notification states that Ken BRANCH OFFICE by them. Chamberlain, of Richfield, Utah, is secre­ II. The Commission has reasonable tary, a director, and 1 0 percent share­ Delegation of Authority cause to believe on the basis of informa­ holder of, and counsel for, the issuer, and I. Pursuant to the authority delegated tion reported to it by its staff that: the offering circular states that Cham­ to the regional director by Delegation of (A) The terms and conditions of berlain is an officer and director of the Authority No. 4.4 (Revision 1) (36 F.R. Regulation A have -not been complied issuer, whereas, in fact, Ken Chamber- 7291), the following authority is hereby with in that: lain is not an officer, director, or share­ redelegated to the position as indicated (1) Item 1 of the issuer’s Form 1-A holder of, or counsel for, the issuer; herein: fails to set forth accurately the date of (3) The failure to disclose the manner A. Manager (Baltimore, Md.), Disaster incorporation or organization of the in which the profits and losses of the Branch Office. issuer; partnership are to be determined; 1. To decline direct disaster and im­ (2) Item 2 of the issuer’s Form 1-A (4) The failure to disclose the risks mediate participation disaster loans in fails to set forth accurately each affiliate and competition in connection with the any amount and to approve such loans of the issuer, the nature of such affilia­ business in which the issuer proposes to up t(/ the total SBA funds of (a) $50,000 tion, and each person who owns of engage; per household for repairs or replacement

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18822 NOTICES of the home and/or not to exceed an 136 between Woodsboro, Tex., and its additional $1 0 ,0 0 0 allowable for house­ INTERSTATE COMMERCE intersection with Farm Market Road hold goods and personal items, but in no 881; (19) State Highway 44 between event may the money loaned exceed COMMISSION Corpus Christi and Alice, Tex.; (20) U.S. $5 5 ,0 0 0 for a single disaster on home Highway 77 between Victoria and loans, except for funds to refinance prior NOTICE OF FILING OF MOTOR Brownsville, Tex.; (21) State Highway 141 between liens or mortgages, which may be ap­ CARRIER INTRASTATE APPLICATIONS proved in addition to the foregoing limits Kingsville, Tex., and its intersection with for amounts up to $50,000; and (b) S e p t e m b e r 17, 1971. U.S. Highway 281; (22) U.S. Highway $350,000 on disaster business loans ex-, The following applications for motor 281 between Alice and Edinburg, Tex.; cept to the extent of refinancing of a common carrier authority to operate in (23) U.S. Highway 59 between Victoria previous SB A disaster loan. intrastate commerce seek concurrent and Houston, Tex.; (24) U.S. Highway 2. To approve disaster guaranteed motor carrier authorization in inter­ 83 between Harlingen and Mission, Tex.; loans up to an SBA guarantee of state or foreign commerce within the (25) State Highway 107 between $350,000, and to decline such loans in any limits of the intrastate authority sought, Combes and Edinburg, Tex.; (26) U.S. amount. pursuant to section 206(a) (6 ) of the In­ Highway 281 between San Antonio and 3. To execute loan authorizations for terstate Commerce Act, as. amended Oc­ Johnson City, Tex.; (27) U.S. Highway central, regional, and district office ap­ tober 15, 1962. These applications are 290 between Johnson City and Freder­ proved loans and disaster loans approved governed by Special Rule 1.245 of the icksburg, Tex.; (28) State Highway 16 under delegated authority, said execu­ Commission’s rules of practice, published between, Fredericksburg and Kerrville, tion to read as follows: in the F e d e r a l R e g is t e r , issue of April 11, Tex.; (29) State Highway 27 between {Name), Administrator 1963, page 3533, which provides, among Kerrville and Comfort, Tex.; (30) U.S. By------— ------other things, that protests and requests Highway 87 and Interstate 10 between Manager, Disaster for information concerning the time and Fredericksburg and San Antonio, Tex.; Branch Office place of State Commission hearings or (31) U.S. Highway 183 between Austin and Goldthwaite, Tex.; (32) U.S. High­ 4. To cancel, reinstate, modify, and other proceedings, any subsequent changes therein, any other related mat­ way 190 between Belton and Brady, Tex.; amend authorizations for disaster loans (33) State Highway 195 between its approved under delegated authority. ters shall be directed to the State Com­ mission with which the application is junction with U.S. Highway 183 via 5. To disburse unsecured disaster Florence, Tex., to its intersection with loans. filed and shall not be addressed to or filed with the Interstate Commerce U.S. Highway 81; (34) State Highway 6 . To extend the disbursement period 29 between its intersection with U.S. on disaster loan authorizations or un­ Commission. disbursed portions of disaster loans. State Docket No. 2674, filed August 20, Highway 183 and Mason, Tex., via Bur­ 1971. Applicant: TEXAS TEX-PACK net and Llano, Tex.; (35) U.S. Highway II. The authority delegated herein 281 between Lampasas, Tex., and its in­ may not be redelegated. EXPRESS, INC., 150 East Zavalla Street, San Antonio, TX 78204. Applicant’s rep­ tersection with State Highway 71 near III. All authority delegated herein to Marble Falls, Tex.; (36) State Highway a specific position may be exercised by resentative: Lanham and Hatchell, 1102 Perry Brooks Building, Austin, Tex. 71 between its intersection with U.S. an SBA employee designated as acting in Highway 281 and Llano, Tex.; (37) State that position. 78701, and Johnnie B. Rogers, 313 Perry Brooks Building, Austin, Tex. 78701. Cer­ Highway 16 between Llano and Gold­ Effective date: August 5,1971. tificate of public convenience and neces­ thwaite, Tex., via San Saba, Tex.; (38) U.S. Highway 377 between Mason and R u s s e l l H a m il t o n , Jr., sity sought to operate a freight service as follows: Transportation of General Junction, Tex.; (39) U.S. Highway 83 Regional Director, between Junction and Eden, Tex.; (40) Bala Cynwyd, Pennsylvania. commodities, to, from and between all points on the following routes, subject U.S. Highway 87 between Eden and [FR Doc.71-13877 Filed 9-21-71:8:45 am] to the restrictions hereinafter set forth. Brady, Tex.; (41) U.S. Highway 377 and (I) U.S. Highway 77, U.S. Highway 81 U.S. Highway 87 between Mason and Brady, Tex.; (42) State Highway 71 be­ CHESAPEAKE CAPITAL CORP. and Interstate 35 between Dallas and San Antonio, Tex.; (2) U.S. Highway tween Austin and Bastrop, Tex.; (43) Notice of License Surrender 67 between Dallas and Alvarado, Tex.; State Highway 95 between Bastrop and (3) U.S. Highway 81 between Alvarado Elgin, Tex.; (44) U.S. Highway 290 be­ Notice is hereby given that Chesapeake and Hillsboro, Tex.; (4) State Highway tween Elgin and Austin, Tex.; (45) Farm Capital Corp., 120 North St. Asaph 171 between Hillsboro and Coolidge, Market Road 440 between Killeen and Street, Alexandria, Va. 22314, has sur­ Tex.; (5) U.S. Highway 84 and Farm Florence, Tex.; (46) Farm Market Road rendered its license to operate as a small Market 73 between McGregor and 1431 between its intersection with U.S. business investment company pursuant Coolidge, Tex.; (6 ) State Highway 317 Highway 281 and its intersection with to § 107-.105 of the regulations governing and Farm Market 107 between McGregor State Highway 29, via Kingsland, Tex.; small business investment companies (13 and Moody, Tex.; (7) State Highway 95 (47) U.S. Highway 90 between San An­ CFR 107.105 (1971)). between Temple and Taylor, Tex.; (8 ) tonio and Del Rio, Tex.; (48) U.S. High­ Chesapeake Capital Corp. was licensed U.S. Highway 79 between Taylor and way 277 between Del Rio and Carrizo as a small business investment company Round Rock, Tex.; (9) U.S. Highway 183 Springs, Tex.; (49) U.S. Highway 83 be­ on June 13, 1962, to operate solely under between Austin and Gonzales, Tex.; (10) tween Uvalde and Carrizo Springs, Tex.; the Small Business Investment Act of U.S. Highway 90 and Interstate 10 be­ (50) U.S. Highway 57 between Eagle 1958 (the Act), as amended (15 U.S.C., tween Houston and San Antonio, Tex.; Pass and Moore, Tex.; 661 et seq.,), and the regulations promul­ (II) Farm Market 78 and State Highway (51) State Highway 85 between Car­ gated thereunder. 46 between San Antonio and Seguin, rizo Springs and Dilley, Tex.; (52) Farm Under the authority vested by the Act, Tex.; (12) State Highway 128 between Market Road 65 between Crystal City and pursuant to the cited regulation, the Seguin and Stockdale, Tex.; (13) U.S. and Brundage, Tex.; (53) U.S. Highway surrender of the license is hereby ac­ Highway 87 between San Antonio and 81 between San Antonio and Laredo, cepted and all rights, privileges, and the Nixon, Tex.; (14) State Highway 80 and Tex.; (54) State Highway 359 between franchises derived therefrom are State Highway 97 and Alternate Route Laredo and Mathis, Tex.; (55) State canceled. U.S. Highway 90 between Nixon and Highway 44 between Feer and Alice, Dated: September 10,1971. Gonzales, Tex.; (15) U.S. Highway 181 Tex.; (56) State Highway 339 between between San Antonio and Corpus Christi, Feer and Benavides, Tex.; (57) U.S. A. H. S in g e r , Tex.; (16) State Highway 35 between Highway 83 between Laredo and Rio Associate Administrator Gregory and Fulton, Tex.; (17) Farm Grande City, Tex.; (58) U.S. Highway for Operations and Investment. Market Road 881 between Sinton and 281 between San Antonio and George [FR Doc.71-13878 Filed 9-21-71;8:45 am] Rockport, Tex.; (18) Farm Market Road West, Tex. and Mathis, Tex.; (60) State

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 NOTICES 18823

Highway 6 between Waco and Hearne, general commodities to remain the same lady. Restriction: (1) No service shall Tex., via Marlin and Calvert, Tex.; (61) as presently contained herein. be provided in the transportation of State Highway 164 between Waco and In connection with the authority packages or articles weighing in the Groesbeck, Tex., via Mart, Tex.; (62) sought herein, applicant seeks to operate aggregate more than 100 pounds. Both State Highway 14 between Groesbeck, over the same alternate routes over intrastate and interstate authority Tex., and its intersection with State which it is presently permitted to oper­ sought. Highway 6 south of Bremond, Tex.; (63) ate, and additionally seeks to operate HEARING: Approximately 30 days Farm Market Road 107 between Moody over the following alternate routes, for after published in the F ederal R egister. and Eddy, Tex.; (64) State Highway operating convenience only, without serv­ Time and place not shown. Requests for 361 between Gregory and Aransas Pass, ice to any intermediate point except as procedural information including the Tex.; (65) State Highway 97 between otherwise authorized. (1) U.S. Highway time for filing protests concerning this Jourdanton and Pleasanton, Tex.; (6 6 ) 290, Interstate 10 and State Highway 27 application should be addressed to the State Highway 16 between Jourdanton between Kerrville and Junction, Tex,; Texas Railroad Commission, Drawer and Poteet, Tex., and (67) U.S. Highway (2) U.S. Highway 87 between Fredericks­ 12967, Capitol Station, Austin, Tex. 77 between Waco and Victoria, Tex., burg and Mason, Tex.; (3) U.S. Highway 78711, and should not be directed to the serving all intermediate points along 281 between Johnson City, Tex., and its Interstate Commerce Commission. said routes, coordinating the service au­ intersection with State Highway 71 south State Docket No. 2794, filed August 20, thorized herein with that being rendered of Marble Falls, Tex.; (4) State High­ 1971. Applicant: NEWS FILM AGENCY under existing certificates, and interlin­ way 16 between Fredericksburg and COMPANY, 1066 West Mockingbird ing with other carriers at appropriate Llano, Tex.; (5) U.S. Highway 90A be­ Lane, Dallas, TX 75247. Applicant’s rep­ interline points. tween Seguin and Belmont, Tex.; (6 ) resentatives: Lanham and Hatchell, 1102 Restrictions; (1) No service shall be State Highway 71 between Austin, Tex., Perry Brooks Building, Austin, Tex. provided in the transportation of pack­ and its intersection with U.S. Highway 78701 and Johnnie B. Rogers, 313 Perry ages or articles weighing in the aggre­ 281 south of Marble Falls, Tex., and be­ Brooks Building, Austin, Tex. 78701. gate more than 100 pounds. (2) No serv­ tween Llano and Brady, Tex.; (7) State Certificate of public convenience and ice shall be rendered on any shipments Highway 46 between New Braunfels and necessity sought to operate a freight originating in Houston, Tex., and des­ Seguin, Tex.; (8 ) U.S. Highway 79 be­ service as follows: Transportation of tined to Victoria, Tex., or any intermedi­ tween Hearne and Taylor, Tex.; (9) General commodities, to, from, and be­ ate point located on U.S. Highway 59 be­ State Highway 95 between Elgin and tween all points on the following routes, tween Victoria and Houston, Tex., nor Taylor, Tex.; (10) State Highway 21 be­ subject to the restrictions hereinafter set on shipments originating at Victoria, tween Bastrop and Lincoln, Tex.; (11) forth. (1) U.S. Highway 77 between Dal­ Tex., destined to Houston, Tex., or any State Highway 16 between San Antonio, las, and Gainesville, Tex.; (2) U.S. High­ intermediate point located on U.S. High­ Tex., and its intersection with U.S. High­ way 75 between Denison, and Dallas, way 59 between Victoria, Tex., and Hous­ way 83, near Zapata, Tex.; (12) Inter­ Tex.; (3) U.S. Highway 82 between ton, nor on shipments originating at any state 37 between Corpus Christi and San Gainesville, and Sherman, Tex.; (4) U.S. intermediate point located on U.S. High­ Antonio, Tex.; (13) U.S. Highway 83 be­ Highway 377 between Denton, and Ar- way 59 between Victoria, Tex., and tween Mission and Rio Grande City, gyle, Tex., serving all intermediate points Houston, Tex., and destined to Houston, Tex.; (14) Interstate 10 between Com­ along said routes and coordinating the Victoria, or any other intermediate point fort, Tex., and its intersection with State service proposed herein with that now along said route. No service shall be ren­ Highway 16, near Legion, Tex., and (15) being rendered by the applicant and in­ dered on shipments moving to, from, or State Highway 285 between Falfurrias terchanging with other carriers at ap­ between the following named towns: and Riviera, Tex. Both intrastate and propriate interchange points. Restric­ Brownsville, Olmito, San Benito, Sebas­ interstate authority sought. tions: (1) No service shall be provided tian, Lyford, Raymondville, Combes, HEARING: Approximately 30 days in the transportation of packages or ar­ Santa Rosa, La Villa, Edcouch, San after being published in the F ederal ticles weighing in the aggregate more Carlos, Mission, McAllen, Pharr, Alamo, R egister. Time and place not shown. Re­ than one hundred (100) pounds. (2) No Donna, Weslaco, Mercedes, LaPeria and quests for procedural information in­ service shall be provided on shipments San Juan. No service shall be rendered cluding the time for filing protests con­ originating in Dallas, Tex.,- destined to on shipments moving between Har­ cerning this application should be Gainesville, Tex., or on shipments origi­ lingen and Edinburg, and further pro­ addressed to the Railroad Commission of nating at Gainesville, Tex., destined to hibited from handling any shipment be­ Texas, Post Office Drawer 12967, Capitol Dallas, Tex. All other authority presently tween Houston and Victoria, Tex., over Station, Austin, TX 78711, and should contained in such certificate, except the the routes shown in (60), (61), (62), (63) , not be directed to the Interstate Com­ authority to transport general commodi­ or (67) shown above. (3) The holder of merce Commission. ties to remain as now contained in such this authority is prohibited from serving State Docket No. 2708, filed August certificate. Both intrastate and inter­ LaGrange, Tex., Hallettsville, Tex., or 20, 1971. Applicant: G. A. WHITE EX­ state authority sought. any intermediate point on U.S. Highway PRESS, INC., LESSOR, joined by HEARING: Approximately 30 days 77 between Schulenburg and Victoria. LESSEE, FILM TRANSFER CO., INC., after published in the F édéral R egister. (4) The holder of this authority is pro­ 1066 West Mockingbird Lane, Dallas, TX Time and place not shown. Requests for hibited from serving Hearne, Tex., in the 75247. Applicant’s representatives: Lan- procedural information including the transportation of general commodities as ham and Hatched, 1102 Perry Brooks time for filing protests concerning this described herein except for the purpose Building, Austin, Tex. 78701, and John­ application should be addressed to the of interline with other carriers. Appli­ nie B. Rogers, 313 Perry Brooks Building, Railroad Commission of Texas, Drawer cant does seek by this application to re­ Austin, Tex. 78701. Certificate of public 12967, Capitol Station, Austin, Tex. move the restriction presently contained convenience and necessity sought to op­ 78711, and should not be directed to the in such certificate which reads as fol­ erate a freight service as follows: Trans­ Interstate Commerce Commission. lows: “No service will be rendered on portation of General commodities, to, State Docket No. 4304, filed August 20, shipments originating at Austin, Tex., from and between all points on the fol­ 1971. Applicant: FILM TRANSFER destined to Belton, Tex., on U.S. High­ lowing routes, subject to the restrictions COMPANY, INC., 1066 West Mocking­ way 81, nor on shipments originating at hereinafter set forth. Between Houston bird Lane, Dallas, TX 75247. Applicant’s Belton destined to Austin or any inter­ and Madisonville over U.S. Highway 75, representatives: Lanham and Hatchell, mediate point between Belton or Austin, serving all intermediate points, between 1102 Perry Brooks Building, Austin, Tex. nor originating at any intermediate Houston and Palestine over U.S. High­ 78701 and Johnnie B. Rogers, 313 Perry point on U.S. Highway 81 between Belton way 75 and U.S. Highway 287, and State Brooks Building, Austin, Tex. 78701. Cer­ and Austin, destined to Belton, Austin, Highways 94, 19, and 45, serving all in­ tificate of public convenience and neces­ or any intermediate point on such high­ termediate points, including Conroe, sity sought to operate a freight service way. All other authority in such certifi­ New Waverly, Huntsville, Trinity Grove- as follows: Transportation of General cate, except the authority to transport ton, Crockett, Pennington, and Love- commodities, to, from and between all

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18824 NOTICES points on the following routes, subject to tions hereinafter set forth. (1) State tificates and interlining with other car­ the restrictions hereinafter set forth. (1 ) Highway 289 between Dallas, and Celina, riers at appropriate points. U.S. Highway 77 between Dallas, and Tex.; (2) Farm Market Road 455 be­ Restrictions: (1) No service shall be Waxahachie, Tex.; (2) U.S. Highway 287 tween Celina, and Pilot Point, Tex.; (3) provided in the transportation of pack­ between Waxahachie, and Ennis, Tex.; State Highway 99 between Pilot Point, ages or articles weighing in the aggregate (3) U.S. Highway 75 between Ennis, and and Whitesboro, Tex.; (4) U.S. Highway more than one hundred (1 0 0 ) pounds. Richland, Tex.; and between Fairfield, 82 between Whitesboro, and Honey Applicant proposes to operate, in connec­ and Galveston, Tex.; (4) State Highway Grove, Tex.; (5) U.S. Highway 75 be­ tion with the authority sought herein, 14 between Richland, and Mexia, Tex.; tween Dallas, and Denison, Tex.; (6 ) over the same alternate routes over (5) U.S. Highway 84 between Mexia, and U.S. Highway 67 between Dallas, and which it is presently permitted to op­ Fairfield, Tex.; (6 ) U.S. Highway 175 be­ Greenville, Tex.; (7) State Highway 24 erate, plus the following alternate routes tween Dallas, and Jacksonville, Tex.; between Greenville, and Paris, Tex.; (8 ) for operating convenience only, without (7) U.S. Highway 69 between Jackson­ U.S. Highway 69 and State Highway 78 service to any intermediate point. (1) ville, and Alto, Tex.; (8 ) State Highway between Greenville, and Bonham, Tex., State Highway 11 between Pittsburg, and 21 between Alto, and Nacogdoches, Tex.; via Leonard, Tex.; (9) U.S. Highway 80 Daingerfield, Tex.; (2) U.S. Highway 59 (9) U.S. Highway 59 between Nacog­ and Interstate 20 between Dallas and between Atlanta, and Texarkana, Tex.; doches, and Lufkin, Tex.; (10) U.S. Marshall, Tex.; (10) Farm Market Road (3) U.S. Highway 67 and/or Interstate Highway 69 between Lufkin, a n d 1403 between Longview, and Gilmer, 30 between Mount Pleasant, and Texar­ Kountze, Tex.; (11) State, Highway 327 Tex.; (11) State Highway 155 and U.S. kana, Tex. All other authority presently between Kountze, and Silsbee, Tex.; (12) Highway 59 between Gilmer, and At­ contained in such certificate, except the U.S. Highway 96 between Silsbee, and lanta, Tex.; (12) U.S. Highway 259 be­ authority to transport general commodi­ Beaumont, Tex.; (13) U.S. Highway 90 tween Daingerfield, Tex.; and its inter­ ties, to remain the same as presently between Houston, and Orange, Tex.; (14) section with State Highway 155 near Ore contained in such certificate. Both intra­ State Highway 347 between Beaumont, City, Tex.; (13) State Highway 11 be­ state and interstate authority sought. and Port Arthur, Tex.; (15) State High­ tween Daingerfield, and Linden, Tex.; HEARING: Approximately 30 days af­ way 87 between Orange, and Port Arthur, (14) U.S. Highway 59 between Linden, ter published in the F ederal R egister. Tex.; (16) U.S. Highway 69 between and Marshall, Tex., and between Carth­ Time and place not shown. Requests for Beaumont, and Port Arthur, Tex.; (17) age, and Garrison, Tex., via Tenaha, procedural information including the State Highway 73 between Port Arthur, Tex.; (15) State Highway 149 between time for filing protests concerning this and Winnie, Tex.; (18) Farm Market Longview, and Carthage, Tex.; (16) application should be addressed to the Road 124 and State Highway 65 between U.S. Highway 79 between Carthage, and Texas Railroad Commission, Drawer Winnie, and Anahuac, Tex,; (19) Farm Henderson, Tex.; (17) Farm Market 12967, Capitol Station, Austin, Tex. 78711, Market Road 562, Interstate Highway 10 Road 124 between Beckville, Tex., and and should not be directed to the Inter­ and Farm Market 563 between Anahuac, its intersection with U.S. Highway 79; state Commerce Commission. and Liberty, Tex., serving intermediate (18) State Highway 64 between Wills State Docket No. 2709, filed August 20, points along said routes and coordinating Point, and Henderson, Tex.; (10) U.S. 1971. Applicant: BLUEBONNET EX­ the service proposed with that now ren­ Highway 69 between Mineola, and Tyler, PRESS, INC., Box 18205, Houston, TX dered by applicant under existing cer­ Tex.; (20) State Highway 31 between 77023. Applicant’s representatives: Lan­ tificates and interchanging with other Tyler, and Kilgore, Tex.; ham and Hatchell, 1102 Perry Brooks carriers at appropriate points. Restric­ (21) State Highway 135 between Building, Austin, Tex. 78701, and Johnnie tions: (1) No service shall be provided in Troup, and Gladewater, Tex., via Kilgore, B. Rogers, 313 Perry Brooks Building, the transportation of packages or articles Tex.; (22) U.S. Highway 259 between Austin, Tex. 78701. Certificate of public weighing in the aggregate more than one Kilgore, and Longview, Tex., and be­ convenience and necessity sought to hundred (100) pounds. In connection tween Henderson, and Mt. Enterprise, operate a freight service as follows: with the authority sought herein, the ap­ Tex.; (23) Farm Market Road 95 and Transportation of General commodities, plicant proposes to operate over all of the U.S. Highway 84 between Mt. Enterprise, to, from and between all points on the alternate routes over which it is presently and Garrison, Tex.; (24) State Highway following routes, subject to the restric­ authorized to operate and also over U.S. 87 between Timpson, and Center, Tex.; tions hereinafter set forth. (1) U.S. Highway 287 between Corsicana, and (25) U.S. Highway 96 between Tenaha, Highway 90A via Stafford between Hous­ Palestine, Tex. All other authority in and San Augustine, Tex.; between Bron­ ton and junction of U.S. Highway 90A such certificate, except the authority to son, and Jasper, Tex.; and between Kir- and U.S. Highway 59; (2) U.S. Highway transport general commodities, to remain byville, and Silsbee, Tex.; (26) State 59 between Houston, Rosenberg and Vic­ as now contained in such certificate. Both Highway 21 between San Augustine, and toria; (3) U.S. Highway 87 between Vic­ intrastate and interstate authority Milam, Tex.; (27) State Highway 87 and toria and Cuero; (4) U.S. Highways 183 sought. Farm Market Road 184 between Milam, and 77A between Cuero and Yoakum; HEARING: Approximately 30 days and Bronson, Tex.; (28) U.S. Highway (5) State Highway 35 between Houston after published in the F ederal R egister. 190 between Jasper, and Newton, Tex.; and Angleton via Alvin; (6 ) State High­ Time and place not shown. Requests for (29) State Highway 87 and Farm Market way 288 between Houston and Freeport; procedural information including the Road 363 between Newton, and Kirby- (7) State Highway 36 between Freeport time for filing protests concerning this ville, Tex., via Bleakwood, Tex.; (30) and West Columbia; (8 ) State Highway application should be addressed to the State Highway 326 and U.S. Highway 90 35 between Angleton, West Columbia, Texas Railroad Commission, Drawer between Kountze, and Nome, Tex.; (30A) Bay City, Palacios, and Port Lavaca; (9) 12967, Capitol Station, Austin, Tex. 78711, State Highway 327 between Silsbee, and U.S. Highway 290 between Houston and and should not be directed to the Inter­ Kountze, Tex.; (31) U.S. Highway 67 be­ Brenham; (10) State Highway 90 be­ state Commerce Commission. tween Dallas, and Mt. Pleasant, Tex.; tween Brenham and Navasota; (ID State Docket No. 2625, filed August 20, (32) State Highway 24 between Green­ State Highway 6 between Hempstead, 1971. Applicant: LIBERTY EXPRESS, ville, and Paris, Tex.; (33) U.S. Highway Navasota and Bryan; (12) U.S. Highway INC., 1066 West Mockingbird Lane, Dal­ 82 between Paris, and Texarkana, Tex.; 90 between Houston and Flatonia; (13) las, TX 75247. Applicant’s representa­ (34) U.S. Highway 271 between Pittsburg, State Highway 95 between Flatonia, tives: Lanham and Hatchell, 1102 Perry and Paris, Tex.; (35) State Highway 37 Shiner and Yoakum; (14) U.S. Highway Brooks Building, Austin, Tex. 78701, and between Clarksville, and Bogata, Tex.; 90A between Shiner and Halletts- Johnnie B. Rogers, 313 Perry Brooks (36) State Highway 11 between Pittsburg, ville; (15) U.S. Highway 77 between Hal- Building, Austin, Tex. 78701. Certificate and Commerce, Tex., via Sulphur lettsville and Schulenberg; (16) U.S. of public convenience as necessity sought Highway 90A between Houston and Hal- to operate a freight service as follows: Springs, Tex., Serving all intermediate lettsville; <17) U.S. Highway 77A between Transportation of General commodities, points along said routes, coordinating the Halletsville and Yoakum; (18) State to, from and between all points on the service proposed herein with that pres­ Highway 72 and U.S. Highway 87 be­ following routes, subject to the restric­ ently being rendered under existing cer­ tween Cuero and Kenedy; (19) State

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 NOTICES 18825

Highway 239 between Kenedy and Goli­ 92 between Rotan and its intersection HEARING: Approximately 30 days ad; (20) U.S. Highway 59 between Goliad with U.S. Highway 277 near Stamford; after published in the F ederal R egister. and Victoria; (11) U.S. Highways 380 and 70 between Time and place not shown. Requests for (21) State Highway 71 between Colum­ Aspermont and Spur; (12) U.S. High­ procedural information including the bus and Austin; (22) State Highways ways 70 and 62 between Vernon and time for filing protests concerning this 159 and 237 and U.S. Highway 290 be­ Earth; (13) U.S. Highways 82 and 62 application should be addressed to the tween LaGrange and Brenham via between Dickens and Lubbock; (14) Texas Railroad Commission, Drawer Oldenburg and Burton; (23) Over State State Highway 8 6 between Turkey and 12967, Capitol Station, Austin, Tex. 78711, Highway 36 between Brenham and Cald­ Tulia; (15) U.S. Highway 87 between and should not be directed to the Inter­ well; (24) State Highway 21 between Lubbock and Amarillo; (16) U.S. High­ state Commerce Commission. Caldwell and Bryan; (25) State High­ way 385 between Springlake and Here­ By the Commission. way 6 between Bryan and Hearne; (26) ford; (17) U.S. Highway 62 between U.S. Highway 59 between Houston and Floydada and Ralls; (18) Farm Market [seal] R obert L. O swald, Nacogdoches; (27) State Highway 185 Road 54 between its intersection with Secretary. between Victoria and Port O’Connor; U.S. Highway 62 and its intersection [PR Doc.71-13947 Piled 9-21-71;8:52 am] (28) State Highways 238 and 316 be­ with U.S. Highway 87; (19) U.S. High­ tween Seadrift and Port Lavaca; (29) way 380 and U.S. Highway 180 between State Highways 35 and 172 between Port Aspermont and Albany; (20) U.S. High­ [Notice No. 27] Lavaca and Ganado; (30) State High­ way 62 and U.S. Highway 83 between MOTOR CARRIER ALTERNATE ROUTE way 36 between Sealy and Brenham, via Childress and Paducah; DEVIATION NOTICES Bellville, serving all intermediate points (21) U.S. Highway 80, State Highway along said routes and interlining with 183 and Interstate 20 between Dallas and S eptember 17, 1971. other carriers at appropriate points. Re­ Forth Worth, (22) Interstate 35W and The following letter-notices of pro­ striction: No service shall be provided U.S. 81 between Fort Worth and Itasca, posals to operate over deviation routes in the transportation of packages or ar­ (23) Farm Market Roads, 6 6 and 934 be­ for operating convenience only have been ticles weighing in the aggregate more tween Itasca and Osceola, (24) State filed with the Interstate Commerce Com­ than one hundred (100) pounds. All other Highway 171 between Osceola and mission under the Commission’s Revised authority in such certificate, except the Cleburne, (25) State Highway 174 be­ Deviation Rules-Motor Carriers of Pas­ authority to transport general commodi­ tween Burleson and Cleburne, (26) U.S. sengers, 1969 (49 CFR 1042.2(c) (9)) and ties, to remain the same as presently con­ Highway 67 between Cleburne and its notice thereof to all interested persons is tained therein. In connection with the intersection with State Highway 220, hereby given as provided in such rules authority sought herein, seeks to operate thence over State Highway 220 to Hico, (49 CFR 1042.2(c)(9)). over the same alternate routes over (27) U.S. Highway 281 between Hico and Protests against the use of any pro­ which it is presently permitted to oper­ Hamilton, (28) State Highway 36 be­ posed deviation route herein described ate. Both intrastate and interstate au­ tween Hamilton and Gatesville, (29) may be filed with the Interstate Com­ thority sought. U.S. Highway 84 between Gatesville and merce Commission in the manner and HEARING: Approximately 30 days McGregor, (30) State Highway 317 be­ form provided in such rules (49 CFR after published in the F ederal R egister. tween McGregor and Valley Mills, (31) 1042.2(c)(9)) at any time, but will not Time and place not shown. Requests for State Highway 6 between Valley Mills operate to stay commencement of the procedural information including the and Meridian, (32) State Highway 144 proposed operations unless filed within time for filing protests concerning this between Meridian and Glen Rose serving 30 days from the date of publication. application should be addressed to the all intermediate points along said routes, Successively filed letter-notices of the Railroad Commission of Texas, Drawer except as hereinafter restricted, and co­ same carrier under the Commission’s Re­ 12967, Capitol Station, Austin, Tex. ordinating this service with service pres­ vised Deviation Rules-Motor Carriers of 78711, and should not be directed to the ently being rendered under existing property, 1969, will be numbered con­ Interstate Commerce Commission. authority and interlining with other car­ secutively for convenience in identifica­ State Docket No. 3037, filed August 20, riers at appropriate points. Restrictions: tion and protests, if any, should refer to 1971. Applicant: R. G. DUDLEY & C. C. (1) No service shall be provided in the such letter-notices by number. WESTFALL, doing business as, MISTLE­ transportation of packages or articles TOE TRANSIT COMPANY, 2407 West weighing in the aggregate more than one M otor Carriers of P assengers 1st Street, Lubbock, TX 79415, Post Office hundred (100) pounds, (2) The holder of No. MC-1515 (Deviation No. 592) Box 1029, Stamford, TX 79553. Appli­ this authority is prohibited from (a) (Cancels Deviation No. 573), GREY­ cant’s representatives: Lanham and transporting any shipments originating HOUND LINES, INC. (Eastern Division) Hatchell, 1102 Perry Brooks Building, at and destined to Amarillo, Childress, 1400 West Third Street, Cleveland, OH Austin, Tex. 78701, and Johnnie B. Vernon, Wichita Falls, Quanah, Fort 44113, filed September 7, 1971. Carrier Rogers, 313 Perry Brooks Building, Worth, Dallas, Albany, and Abilene; (b) proposes to operate as a common carrier, Austin, Tex. 78701. Certificate of public performing any service to any intermedi­ by motor vehicle, of passengers and their convenience and necessity sought to ate point between Fort Worth and baggage, and express and newspapers in operate a freight service as follows: Dallas; (c) serving any intermediate the same vehicle with passengers, over Transportation of General commodities, point between Forth Worth and Throck­ deviation routes as follows: (1) From to, from and between all points on the morton on State Highways 24 and 129 Lafayette, La., over Interstate Highway following routes, subject to the restric­ except Lake Worth, Azle, and Spring- 10 to Lake Charles, La., (2) from Duson, tions hereinafter set forth. (1) State town. Applicant, in connection with the La., over Louisiana Highway 95 to junc­ Highways 114 and 12 1 between Dallas authority sought herein, proposes to tion Interstate Highway 1 0 , (3 ) from and Fort Worth; (2) State Highway 199 operate over all of the alternate routes Rayne, La., over Louisiana Highway 35 between Forth Worth and Jacksboro; over which it is presently authorized to to junction Interstate Highway 1 0 , (4) (3) State Highway 24 between Jacksboro operate and additionally, proposes to from Crowley, La., over Louisiana High­ and Rule; (4) U.S. Highways 277, 83, and operate over U.S. Highway 67 between way 13 to junction Interstate Highway 82 between Wichita Falls and Abilene; Cleburne and Alvarado, Tex., without 10, (5) from junction U.S. Highway 90 (5) State Highway 222 between Munday service to any intermediate point and Louisiana Highway 97 over Louisiana and Knox City; (6 ) State Highway 283 thereon. All other authority presently Highway 97 to junction Interstate High­ between Quanah and Rule; (7) U.S. contained in such certificate, with the way 10, (6 ) from junction U.S. High­ Highway 83 between Anson and Asper- exception of general commodities, to way 90 and Louisiana Highway 26 over m°nt; (8 ) U.S. Highway 180 between Louisiana Highway 26 to junction Inter­ Anson and Roby; (9) State Highway 70 remain as presently contained herein. state Highway 10, (7) from junction U.S. between Roby and Rotan, and between Both intrastate and interstate authority Highways 90 and 165 over U.S. Highway Spur and Turkey; (10) State Highway sought. 165 to junction Interstate Highway 10,

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18826 NOTICES

(8 ) from junction U.S. Highway 61 and [Notice No. 31] filed August 26, 1971. Carrier’s repre­ Interstate Highway 10, southeast of Ba­ sentative: V. R. Oldenburg, Post Office ton Rouge, La., over Interstate High­ MOTOR CARRIER ALTERNATE ROUTE Box 5138, Chicago IL 60680. Carrier way 10 to junction Louisiana Highway DEVIATION NOTICES proposes to operate as a common car­ 415, thence over Louisiana Highway 415 S eptember 17, 1971. rier, by motor vehicle, of general com­ modities, with certain exceptions, over a to junction U.S. Highway 190, and (9) The following letter-notices of pro­ from New Orleans, La., over Interstate deviation route as follows: From Win­ Highway 10 to junction U.S. Highway 51, posals to operate over deviation routes ston-Salem, N.C., over U.S. Highway 52 thence over U.S. Highway 51 to junction for operating convenience only have to junction U.S. Highway 221 at Hills- been filed with the Interstate Commerce ville, Va., thence over U.S. Highway 221 U.S. Highway 61 at LaPlace, La., arid Commission under the Commission’s return over the same routes, for operat­ to junction Virginia Highway 100, thence ing convenience only. The notice indi­ Revised Deviation Rules—Motor Car­ over Virginia Highway 100 to junction cates that the carrier is presently au­ riers of Property, 1969 (49 CFR 1042.4 U.S. Highway 460, thence over U.S. High­ thorized to transport passengers and the (d) (1 1 1 ) and notice thereof to all in­ way 460 to junction West Virginia Turn­ same property, over pertinent service terested persons is hereby given as pro­ pike (Interstate Highway 77), thence routes as follows: (1) From Broussard, vided in such rules (49 CFR 1042.4(d) over the West Virginia Turnpike to South La., over Louisiana Highway 192 to La­ (ID). Charleston, W. Va., thence over West fayette, La., thence over U.S. Highway 90 Protests against the use of any pro­ Virginia Highway 61 to junction U.S. to Lake Charles, La., (2) from Natchez, posed deviation route herein described Highway 60 at St. Albans, W. Va., thence Miss., over U.S. Highway 61 via Scotland- may be filed with the Interstate Com­ over U.S. Highway 60 to junction U.S. ville, La., to New Oreleans, La., and (3) merce Commission in the manner and Highway 35, thence over U.S. Highway from junction U.S. Highways 90 and 190 form provided in such rules (49 CFR 35 to junction Interstate Highway 71, east of Slidell, La., over U.S. Highway 190 1042.4(d) (12)) at any time, but will not thence over Interstate Highway 71 to via Slidell to Opelousas, La., and return operate to stay commencement of the Cincinnati, Ohio, and return over the over the same routes. proposed operations unless filed within same route, for operating convenience 30 days from the date of publication. only. The notice indicates that the car­ No. MC-2890 (Deviation No. 87), Successively filed letter-notices of the rier is presently authorized to transport AMERICAN BUSLINES, INC., 1501 same carrier under the Commission’s the same commodities over pertinent South Central Avenue, Los Angeles, CA Revised Deviation Rules—Motor Car­ regular routes as follows: (1) From 90021, filed September 8 , 1971. Carrier riers of Property, 1969, will be numbered Winston-Salem, N.C., over U.S. Highway proposes to operate as a common carrier, consecutively for convenience in identi­ 158 to Mocksville, N.C., thence over U.S. by motor vehicle, of passengers and their fication and protests, if any, should refer Highway 64 to Statesville, N.C., thence baggage, and express and newspapers in to such letter-notices by number. . over U.S. Highway 70 to Ashville, N.C., the same vehicle with passengers, over a thence over U.S. Highway 25 to New­ deviation route as follows: From junc­ M otor Carriers of P roperty port, Tenn., thence over U.S. Highway tion U.S. Highway 40 and Interstate No. MC-29120 (Deviation No. 12), Highway 70 west of the Illinois-Indiana 25-E to Corbin, Ky„ thence over U.S. ALL-AMERICAN TRANSPORT, INC., Highway 25 to Cincinnati, Ohio; and State line, over Interstate Highway 70 1500 Industrial Avenue, Sioux Falls, SD to junction Illinois Highway 1, thence (2) from Winston-Salem, N.C., over U.S. 57101, filed September 8 , 1971. Carrier Highway 52 to Cincinnati, Ohio, and over Illinois Highway 1 to Marshall, 111., proposes to operate as a common carrier, return over the same routes. and return over the same route, for op­ by motor vehicle, of general commodi­ erating convenience only. The notice in­ No. MC-76993 (Deviation No. 3), EX­ ties, with certain exceptions, over a de­ PRESS FREIGHT LINES, INC., 4600 dicates that the carrier is presently au­ viation route as follows: From junction thorized to transport passengers and the West Burnham Street, Milwaukee, WI U.S. Highway 169 and Interstate High­ 53246, filed August 17, 1971. Carrier pro­ same property, over a pertinent service way 35 at or near Minneapolis, Minn., route as follows: Between Columbus, poses to operate as a common carrier, by over Interstate Highway 35 to junction motor vehicle, of general commodities, Ohio, and St. Louis, Mo., over U.S. High­ U.S. Highway 16 at or near Albert Lea, way 40. with certain exceptions, over a deviation Minn., thence over U.S. Highway 16 to route as follows: From junction Michi­ No. MC-2890 (Deviation No. 8 8 ), junction U.S. Highway 69, thence over gan Highway 60 and Michigan Highway AMERICAN BUSLINES, INC., 1501 U.S. Highway 69 to junction Interstate 62 at Cassopolis, Mich., over Michigan South Central Avenue, Los Angeles, CA Highway 35 near Blairsburg, Iowa, thence Highway 62 to the Michigan-Indiana 90021, filed September 8 , 1971. Carrier over Interstate Highway 35 to junction State line, thence over Indiana Highway proposes to operate as a common car­ Interstate Highway 80 at on near Des 23 to South Bend, Ind., and return over rier, by motor vehicle, oi passengers and Moines, Iowa, thence over Interstate the same route, for operating conveni­ their baggage, and express and news­ Highway 80 to junction U.S. Highway 75 ence only. The notice indicates that the papers in the same vehicle with pas­ at or near Omaha, Nebr., and return over carrier is presently authorized to trans­ sengers, over a deviation route as fol­ the same route, for operating conven­ port the same commodities, over per­ lows: From Marshall, 111., over Illinois ience only. The notice indicates that the tinent regular routes as follows: (1) Highway 1 to junction Interstate High­ carrier is presently authorized to trans­ From Milwaukee, Wis., over Wisconsin way 70, thence over Interstate Highway port the same commodities, over perti­ Highway 32 via Cudahy and South Mil­ nent service routes as follows: (1) From 70 to junction unnumbered county road, waukee, Wis., to the Wisconsin-Illinois Minneapolis, Minn., over U.S. Highway State line, then over Illinois Highway 42 thence over unnumbered county road to 169 to Mankato, Minn., thence over to Zion, 111., thence over Illinois Highway Montrose, 111., and return over the same Minnesota Highway 60 to Madelia, Minn., 173 to junction U.S. Highway 41, thence route, for operating convenience only. thence over Minnesota Highway 15 to over U.S. Highway 41 to Chicago, 111., The notice indicates that the carrier is Fairmont, Minn., thence over U.S. High­ thence over U.S. Highway 20 to Elkhart, presently authorized to transport pas­ way 16 to Sioux Falls, S. Dak.; (2) from Ind., thence over Indiana Highway 120 Oacoma, S. Dak., over U.S. Highway 16 to Bristol, Ind., thence over Indiana sengers and the same property, over a to Sioux Falls, S. Dak., thence over U.S. Highway 15 to the Indiana-Michigan pertinent service route as follows: Be­ Highway 77 to Sioux City, Iowa; and (3) State line, thence over U.S. Highway 131 tween Columbus, Ohio, and St. Louis, from Sioux City, Iowa, over U.S. High­ to Mottsville, Mich., thence over U.S. Mo., over U.S. Highway 40. way 75 to Omaha, Nebr., and return over Highway 12 (formerly U.S. Highway 112) the same routes. By the Commission. to Detroit, Mich, (also from Milwaukee No. MC-42487 (Deviation No. 92), to Elkhart, Ind., as specified. above), [seal] R obert L. O swald, CONSOLIDATED FREIGHTWAYS thence over Indiana Highway 19 to the Secretary. CORPORATION OF DELAWARE, 175 Indiana-Michigan State line, thence over [FR Doc.71-13948 Filed 9-21-j71;8:52 am] Linfield Drive, Menlo Park, CA 94015, Michigan Highway 205 to junction U.S.

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 NOTICES 18827

Highway 12 (formerly U.S. Highway A pplications A ssigned for O ral H earing cial zone, as defined in Commercial Zones 112), thence over U.S. Highway 12 to and Terminal Areas, 53 M.C.C. 451 Detroit, Mich., (2) from Detroit, Mich., MOTOR CARRIERS OF PROPERTY (1951) within which local operations may over Interstate Highway 94 (formerly No. MC 110144 (Sub-No. 11) (Correc­ be conducted pursuant to the partial ex­ U.S. Highway 12) via Ann Arbor to Jack- tion) , filed April 8,1971, published in the emption of section 203(b) (8 ) of the son, Mich., thence over Michigan High­ F ederal R egister, issue of May 6 , 1971, act (the “exempt zone”) on the one hand, way 60 to Three Rivers, Mich., thence and republished in part as corrected this and on the other, points in Nebraska, over U.S. Highway 131 to junction U.S. issue. Applicant: JACK C. ROBINSON, Iowa, Minnesota, Illinois, Michigan, Highway 12 (formerly U.S. Highway doing business as ROBINSON FREIGHT Indiana, and Tennessee, under a continu­ 112), and (3) from Niles, Mich, over LINES, 3600 Paper Mill Road, Post Office ing contract with My Shops, Inc., of New Michigan Highway 60 to junction U.S.. Box 4126, Knoxville, TN 37921. Appli­ York, N.Y., will be consistent with the Highway 131, and return over the same cant’s representative: Warren A. Goff, public interest and the national trans­ routes. 2111 Sterick Building, Memphis, Tenn. portation policy; that applicant is fit, No. MC-89723 (Deviation No. 21), MIS­ 38103. N o te: The sole purpose of this willing, and able properly to perform SOURI PACIFIC TRUCK LINES, INC., partial republication is to reflect (b) be­ such service and to conform to the re­ 210 North 13th Street, St. Louis, MO tween points in Tennessee on and east of quirements of the Interstate Commerce 63103, filed September 7, 1971. Carrier U.S. Highway 27, on the one hand, and, Act and the Commission’s rules and regu­ proposes to operate as a common carrier, on the other, Jackson, Miss., in lieu Of lations thereunder. That since it is pos­ by motor vehicle, of general commodities, U.S. Highway 24, which was erroneously sible that other parties who have relied with certain exceptions, over a deviation shown in the previous publication. N ote : upon the notice of the F ederal R egister route as follows. From junction Inter­ Common control may be involved. Appli­ of the application as originally published state Highway 57 and Illinois Highway cant states that the requested author­ may have an interest in and would be 14, near Benton, HI., over Interstate ity may be tacked at Chattanooga, Tenn., prejudiced by the lack of proper notice Highway 57 southward to junction U.S. to a regular route between Chattanooga of the grant of authority in the findings Highway 51, thence over U.S. Highway 51 and Memphis, Tenn. herein, a notice of the authority actually to junction Hlinois Highway 3, north of HEARING: Remains as assigned Octo­ granted will be published in the F ederal Cairo, HI., and return over the same ber 26, 1971, at the Holiday Inn—Down­ R egister and issuance of the certificate route, for operating convenience only. town, Chapman Highway, Knoxville, in this proceeding will be withheld for a The notice indicates that the carrier is Tenn., before Joint Board No. 110. period of 30 days from the date of such presently authorized to transport the publication, during which period any No. MC 119045 (Sub-No. 4) (Correc­ proper party in interest may file an ap­ same commodities, over pertinent service tion), filed October 15, 1970, published routes as follows: (1) From Gorham, 111., propriate petition for leave to intervene in the F ederal R egister, issues of No­ in the proceeding setting forth in detail over Hlinois Highway 3 to junction U.S. vember 13, 1970, May 27, 1971, and Sep­ Highway 51, thence over U.S. Highway 51 the precise manner in which it has been tember 18, 1971, and republished in part prejudiced. to Cairo, 111., and (2) from Gorham, HI., as corrected this issue. Applicant: T.E.K. over Hlinois Highway 3 to junction Illi­ VAN LINES, INC., 9123 East Garvey A pplications U nder S ections 5 and nois Highway 149, thence over Hlinois Avenue, Rosemead, CA 91770. Applicant’s 2 1 0 a(b) Highway 149 to Murphysboro, HI., thence representative: Robert J. Gallagher, 1776 over Hlinois Highway 13 to Carbondale, The following applications are gov­ Broadway, New York, NY 10019. N o te: erned by the Interstate Commerce Com­ HI., thence over U.S. Highway 51 to De The purpose of this partial republication Soto, HI., thence over unnumbered high­ mission’s special rules governing notice is to reflect the following information: of filing of applications by motor carriers way via Hurst to Bush, HI., thence over Through a mistake, the application, as Illinois Highway 149 to junction Hlinois of property or passengers under sections originally filed with the Commission in­ 5(a) and 210a(b) of the Interstate Com­ Highway 148, thence over Hlinois High­ dicated that the present authority of ap­ way 148 to Christopher, HI., thence over merce Act and certain other proceedings plication would be canceled, and that it with respect thereto. (49 CFR 1100.240). Illinois Highway 14 to Benton, HI., and did not intend to tack its present au­ return over the same routes. thority with the authority sought. Both MOTOR CARRIERS OF PROPERTY By the Commission. of these statements were incorrect.'Ap­ No. MC-F-10030. (Amendment) plicant intends to retain its present au­ [seal] R obert L. O swald, (RYDER TRUCK LINES, INC.—Con­ Secretary. thority if this application is granted, and trol—MERCHANTS FREIGHT SYS­ intends to tack it to the authority sought TEM, INC!), published in the February 7, [PR Doc.71-13949 Piled 9-21-71;8:52 am] if the application is granted. The rest of 1968, issue of the F ederal R egister on the notice of filing remains as previously page 2680. Amendment filed August 24, published. 1971, concurrently with petition for re­ [Notice No. 75] HEARING: Remains as assigned on consideration of the report of May 11, MOTOR CARRIER APPLICATIONS AND September 27,1971, at 9:30 a.m. (or 9:30 1971, by Division 3, for MERCHANTS a.m. U.S. Standard Time, if that time FREIGHT SYSTEM, INC., to be merged CERTAIN OTHER PROCEEDINGS is observed), in Room 13025, 450 Golden into RYDER TRUCK LINES, INC., in S eptember 17, 1971. Gate Avenue, San Francisco, CA. lieu of control which was the nature of The following publications are gov­ No. MC 134349 (Sub-No. 2) iRepubli- the application as originally filed. erned by the new special rule 247 of the cation) filed February 19,1971, published No. MC-F-11254 (Correction). TRANS­ Commission’s rules of practice, published in the F ederal R egister issue of WESTERN EXPRESS, LTD. PUR- in the F ederal R egister, issue of Decem­ March 18, 1971, and republished this CHASE-CAPRON TRUCK CO., pub­ ber 3, 1963, which became effective Jan­ issue. Applicant: B.L.T. CORPORA­ lished in the August 11,1971, issue of the 1 uary , 1964. TION, 189 Bridge Street, Brooklyn, NY F ederal R egister on Page 14793. This The publications hereinafter set forth 11201. Applicant’s representative: Wil­ correction to show TRANS-WESTERN reflect the scope of the applications as liam D. Traub, 10 East 40th Street, New EXPRESS, LTD.—CONTROL & MER­ filed by applicant, and may include de­ York, NY 10016. An Order of the Com­ GER—CAPRON TRUCK CO., in lieu of scriptions, restrictions, or limitations mission, Operating Rights Board, dated TRANS-WESTERN EXPRESS, LTD.— which are not in a form acceptable to August 19, 1971, and served Septem­ PURCHASE—CAP RON TRUCK CO. the Commission. Authority which ulti­ ber 13, 1971, finds; that operation by mately may be granted as a result of the applicant, in interstate or foreign com­ No. MC-F-11266 (Correction). RED­ applications here noticed will not neces­ merce, as a contract carrier, by motor WING REFRIGERATED, INC. - PUR­ sarily reflect the phraseology set forth vehicle, over irregular routes, of such CHASE (PORTION) -STEVENS TRUCK in the application as filed, but also will commodities as are dealt in or used by LINES, INC., (INTERNAL REVENUE eliminate any restrictions which are not department stores, between points in that SERVICE - SUCCESSOR - IN - INTER­ acceptable to the Commission. portion of the New York, N.Y., commer­ EST), published in the August 25, 1971,

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 No. 184—Pt. 18828 NOTICES issue of the F ederal R egister on page New York, Oklahoma, and Texas; edible Wisconsin, Arkansas, and the District of 16721. This notice to show: Application oils, in bulk, in tank vehicles, from Man­ Columbia. Application has been filed for has been filed for temporary authority kato, Minn., and Chicago, 111., to points temporary authority under section under section 2 1 0 a(b), which was inad­ in Florida; liquid wax, in bulk, in tank 2 1 0 a(b). vertently omitted from prior notice. vehicles, from the plantsite of Sun Oil No. MC-F-11313. Authority sought for No. MC-F-11311. Authority sought for Company’s refinery at or near Marcus purchase by TRANSCON LINES, 1206 control and merger by REDWING CAR­ Hook, Pa., to points in Illinois, Iowa, South Maple Avenue, Los Angeles, CA RIERS, INC. (a Florida corporation), Kansas, Minnesota, Missouri, Nebraska, 90015, of a portion of the operating rights Post Office Box 426, 8515 Palm River North Dakota, South Dakota, and Wis­ Of MERIT DRESS DELIVERY, INC., 524 Road, Tampa, FL 33601, of the operat­ consin, from Freedom, Pa., to points in West 36th Street, New York, NY. Appli­ ing rights and property of RED WING Wisconsin; liquid inedible animal grease, cants’ attorneys: Frank W. Taylor, Jr., CARRIERS, INC. (an Alabama corpo­ in bulk, in tank vehicles, from Woburn, 1221 Baltimore Avenue, Kansas City, MO ration), Post Office Box 426, 8515 Palm Mass., to certain specified points in In­ 64105 and Francis P. Barrett, 60 Adams River Road, Tampa, FL 33601, and for diana; sodium lauryl sulphate, in bulk, Street, Post Office Box 238, Milton, MA acquisition by WYLE LABORATORIES, in tank vehicles, from Saint Paul, Minn., 02187. Operating rights sought to be 128 Maryland Street, El Segundo, CA to Kansas City, Mo., Iowa City, Iowa, transferred: In pending docket No. MC- 90245, of control of such rights and prop­ Jeffersonville, Ind., and Jersey City, N.J.; 101219, covering the transportation of erty through the transaction. Appli­ fruit and citrus juices and concentrates general commodities, except lumber, cants’ attorneys: Lewis H. Hill, Jr., 1014 thereof, in bulk, from Frostproof, Fla., those of unusual value, classes A and B to Lyons, 111., from Brooksville, and Lake­ explosives, household goods as defined by First National Bank Building, Tampa, land, Fla., and points within 10 miles of Fla. 33602, J. Douglas Harris, 1110 Union Lakeland, to points in Minnesota and the Commission, commodities in bulk, Bank Building, Montgomery, Ala. 36104, Wisconsin; oleo oil and oleo stock, in and those requiring special equipment, as and Harold G. Hemly, 510 The Circle bulk, in tank vehicles, from the plant- a common carrier over irregular routes, Building, 230 North Adams Street, Ar­ site of the International Refining and between points within 25 miles of the lington, VA 22201. Operating rights Packaging Corp., at Paterson, N.J., to City Hall, Boston, Mass., and certificate sought to be controlled and merged: points in Michigan. not yet issued. Vendee is authorized to Specified commodities, as a common car­ Petrolatum, in bulk, in tank vehicles, operate as a common carrier in Illinois, rier over irregular routes, from, to, and from the plantsites of Sunnybourfie Kansas, Missouri, Indiana, Oklahoma, between specified points in the States of New 'Mexico, California, Arizona, Ar­ Chemical and Refining Corp., at Petrolia kansas, Tennessee, Texas, Alabama, Alabama, Mississippi, Georgia, Tennes­ and Franklin, Pa., to points in Illi­ see, South Carolina, North Carolina, Ar­ Georgia, Mississippi, Ohio, Nebraska, kansas, Louisiana, Texas, Connecticut, nois, Iowa, Minnesota, and Wisconsin, Iowa, Michigan, Maryland, Pennsyl­ Delaware, Illinois, Indiana, Iowa, Ken­ from the plantsite of the Pennsylvania vania, New York, New Jersey, and the Refining Co., at Karns City, Pa., to Ne- District of Columbia. Application has not tucky, Maine, Maryland, Massachusetts, koosa, Wis., and points in Minnesota; Michigan, Missouri, New Hampshire, petrolatum and white oil, in bulk, in been filed for temporary authority under New Jersey, New York, Ohio, Pennsyl­ tank vehicles, from Karns City, Pa., section 2 1 0 a(b). vania, Rhode Island, Vermont, Virginia, to points in Illinois (except points No. MC-F-11314. Authority sought for West Virginia, Wisconsin, Kansas, Okla- in Cook County), and Wisconsin; purchase by SMITH TRANSPORT (IN­ hama, and the District of Columbia, as petroleum oil, petroleum lubricating oil, TERNATIONAL) LIMITED, 150 Com­ more specifically described in Docket No. petroleum naptha, petroleum trans­ missioners Street, Toronto, ON, Canada, MC-119778 and Subnumbers thereunder. former oil, petroleum or paraffin wax, to purchase the operating rights and cer­ This notice does not purport to be a and petrolatum or petrolatum products, tain property of CROSS BORDER complete description of all of the operat­ as described in Appendix XIII to the TRANSPORTATION LIMITED, 3350 ing rights of the carrier involved. The report in Descriptions in Motor Carrier Ruskin Street, Detroit, MI, and for ac­ foregoing summary is believed to be suf­ Certificates, 61 M.C.C. 209 (except quisition by SMITHSONS HOLDINGS ficient for purposes to public notice re­ petroleum chemicals as described in Ap­ LIMITED, 150 Commissioners Street, garding the nature and extent of this pendix XV to the report in Descriptions Toronto, ON, Canada and in turn by carrier’s operating rights, without stat­ in Motor Carrier Certificates, 61 M.C.C. CANADIAN PACIFIC LIMITED, Wind­ ing, in full, the entirety, thereof. RED­ 209), in bulk, in tank vehicles, from Buf­ sor Station, Montreal, Quebec, Canada, WING CARRIERS, INC. (A Florida cor­ falo, N.Y., certain specified points in of control of such rights and certain poration), is authorized to operate as a Pennsylvania, and Falling Rock and St. property through the purchase. Appli­ common carrier in Florida, Alabama, Marys, W. Va., to points in Colorado, cants’ attorneys: David J. Macdonald, Georgia, South Carolina, North Carolina, Illinois, Iowa, Kansas, Michigan (except Harry J. Jordan, both of 1000 16th Street, Mississippi, Tennessee, Illinois, West Vir­ the Lower Peninsula), Minnesota, Mis­ NW., Washington, D.C. 20036. Operating ginia, Louisiana, Virginia, Texas, Con­ souri, Nebraska, North Dakota, South rights sought to be transferred: General necticut, Kentucky, Pennsylvania and Dakota, Wisconsin, and Wyoming,, with commodities, including household goods Indiana. Application has not been filed restriction; cleaning, scouring, and as defined by the Commission, but ex­ for temporary authority under section washing compounds, in bulk, in tank ve­ cluding articles of unusual value, classes 2 1 0 a(b). ; hicles, from St. Paul, Minn, to Paines- A and B explosives, commodities in bulk No. MC-F-11312. Authority sought for ville, Ohio, and Chicago and Freeport, and those requiring special equipment, purchase by MONTGOMERY TANK 111.; witch hazel, in bulk, in tank vehicles, as a common carrier over irregular LINES, INC., 612 Maple, Willow Springs, from Essex, Conn., to Minneapolis and routes, between Detroit, Mich.,. and IL 60480, of a portion of the operating St. Paul, Minn.; and juices and bev­ points within 8 miles of Detroit, on the rights of MILK TRANSPORT, INC., Box erages, in bulk, in tank vehicles, from one hand, and, on the other the United 2698, New Brighton, MI 55112, and for Chicago, 111. to Chattanooga, Tenn. States-Canada boundary line at Detroit, acquisition by ELTON E. BABBIT, also . Vendee is authorized to operate as a restricted to shipments moving in foreign of Willow Springs, 111. 60480, of control common carrier in Illinois, Connecticut, commerce only. Vendee is authorized to of such rights through the purchase. Delaware, Colorado, Indiana, Iowa, operate as a common carrier in New Applicants’ attorney: William H. Towle, Kansas, Kentucky, Maine, Maryland, York, New Hampshire, Vermont, Massa­ 121 North Dearborn Street, Chicago, IL Massachusetts, Michigan, Minnesota, chusetts, New Jersey, Connecticut, Dela­ 60602. Operating rights sought to be Nebraska, New Hampshire, New Jersey, ware, Maryland, Ohio, and Pennsylvania. transferred: Milk, and milk products, New York, Ohio, Pennsylvania, Rhode Application has not been filed for tem­ in bulk, in tank vehicles, as a common Island, Vermont, Arizona, New Mexico, porary authority under section 2 1 0 a (b). carrier, over irregular routes, from points Florida, Alabama, Kentucky, Louisiana, No. MC-F-11315. Authority sought for in Minnesota to points in Arkansas, Mississippi, North Carolina, South Caro­ Colorado, Florida, Illinois, Louisiana, lina, Tennessee, Virginia, West Virginia, purchase by BEST WAY FROZEN EX­ Massachusetts, Missouri, Nebraska, New Oklahoma, North Dakota, South Dakota, PRESS, INC., 3033 Excelsior Boulevard, Jersey, Ohio, Pennsylvania, New Mexico, Texas, California, Oregon, Washington, Minneapolis, MN 55416, of the o p e r a tin g

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 NOTICES 18829 rights Of REFRIGERATED FOOD LINE, Nevada, with restriction; chilled citrus fertilizer and cleaning compounds (ex­ INC., 2136 East Kearney Street, Spring- products, from Waycross, Ga., to points cept in bulk), from Cedar Rapids, Iowa, field, MO 65803, and for acquisition by in Missouri, Oklahoma, Kansas, Iowa, to points in Alabama, Florida, Georgia, c. H. ROBINSON CO., also of Minne­ Minnesota, Arkansas, and Nebraska; Louisiana, Mississippi, North Carolina, apolis, Minn., of control of such rights meats, meat products, and meat byprod­ and South Carolina; new furniture and through the purchase. Applicants’ attor­ ucts, and articles distributed by meat furniture parts, from the plantsite of the neys and representative: Donald A. Mor- Packinghouses as described in sections Broyhill Furniture Factories at Ruther- ken, 1000 First National Bank Building, A and C of Appendix I to the report in fordton, N.C., to points in Arkansas, Minneapolis, Minn. 55402, Tom B. Kret- Descriptions in Motor Carrier Certifi­ Oklahoma, Missouri, Kansas, Nebraska, singer, 450 Professional Building, Kansas cates, 61 M.C.C. 209 and 766 (except com­ Iowa, North Dakota, South Dakota, City, Mo. 64106, and J. Douglas Cassity, modities in bulk, in tank vehicles), from Minnesota, Wisconsin, and points in that 926 Woodruff Building, Springfield, Mo. the plantsites and storage facilities uti­ part of Illinois located on and south of 65805. Operating rights sought to be lized by Kingsford Packing and Peter Illinois Highway 15, from the plantsites transferred: Citrus products, as a com­ Eckrich & Sons, Inc., at Fort Wayne, Ind., of the Broyhill Furniture Factories at mon carrier over irregular routes, from to points in Florida, from the plantsite certain specified points in North Caro­ the plantsite of Osceola Fruit and Dis­ of Producers Packing Co. near Garden lina, to points in Oklahoma, Kansas, tributing Co. at or near Waycross, Ga., City, Kans., to points in Alabama, Flor­ Nebraska (except those in the Omaha, to points in Colorado; frozen citrus prod­ ida, Georgia, North Carolina, and South Nebr., commercial zone as defined by the ucts and canned citrus products, from Carolina, with restrictions; Commission), North Dakota, South the plantsite of Osceola Fruit and Dis­ Meats, meat products, and meat by­ Dakota, Minnesota (except points in the tributing Co. at or near Waycross, Ga., products and, articles distributed by meat Minneapolis-St. Louis, Minn., commer­ to points in Kansas; canned citrus prod­ packinghouses, as described in sections A cial zone as defined by the Commission), ucts, and frozen citrus products when and C of Appendix I to the report in and points in that part of Wisconsin shipped in a mixed load with canned or Descriptions in Motor Carrier Certifi­ located north of Wisconsin Highway 64, chilled citrus products, not frozen and cates, 61 M.C.C. 209 and 766, except hides from the sites of the plants and ware­ not canned, from the plantsite of Osceola and commodities in bulk, in tank vehicles, houses of Broyhill Furniture Factories Fruit and Distributing Co. at or near from the plantsite or storage facilities at Lenoir, N.C., to points in Oklahoma, Waycross, Ga., to points in Arkansas, utilized by Snyder Packing Co. in Adams Kansas, Nebraska (except points in the Iowa, Minnesota, Missouri, Nebraska, County, Nebr., to points in Alabama, Omaha, Nebr., commercial zone as de­ and Oklahoma; canned citrus products, Georgia, Florida, North Carolina, and fined by the Commission), North Dakota, and chilled citrus products, not frozen South Carolina, with restriction; meats, South Dakota, Minnesota (except points and not canned, and frozen citrus prod­ meat products, and meat byproducts, and in the Minneapolis-St. Paul, Minn., ucts, when shipped in a mixed load of articles distributed by meat packing­ commercial zone as defined by the Com­ both commodi ties or in a mixed load with houses, as described in sections A and C mission) , points in that part of Wiscon­ canned citrus products, from the plant- of Appendix I to the report in Descrip­ sin located north of Wisconsin High­ site of Osceola Fruit and Distributing Co. tions in Motor Carrier Certificates, 61 way 64, and points in that part of Illinois at or near Waycross, Ga., to points in M.C.C. 209 and 766, from Springfield located on and south of Illinois Highway Alabama, Connecticut, Delaware, Illinois, and Macon, Mo., to points in South Caro­ 15; Indiana, Kentucky, Louisiana, Maryland, lina, North Carolina, Alabama, Georgia, Meats, meat products, and meat by­ Massachusetts, Michigan, Mississippi, and Florida (except frozen meat pies and products, and articles distributed by New Jersey, New York, North Carolina, frozen poultry pies, from Macon, Mo.); meat packinghouses, as described in sec­ Ohio, Pennsylvania, Rhode Island, South fresh and frozen meat, from Coffeyville, tions A and C of Appendix I to the report Carolina, Tennessee, Texas, Virginia, Kans., to points in Alabama, Florida, and in Descriptions in Motor Carrier Certif­ West Virginia, Wisconsin, and the Dis­ Georgia; cream, cheese, butter and milk, trict of Columbia; icates, 61 M.C.C. 209 and 766 (except from certain specified points in Missouri, hides and commodities, moving in bulk, Frozen citrus products and canned to points in Florida; frozen foods (except from the plantsite Of Mankato Packing citrus products, and chilled citrus prod­ frozen meats and frozen dairy products), Co., Inc., at Mankato, Kans., to points in ucts, not frozen and not canned, when from Kansas City, Kans.-Mo., to points Alabama, Florida, and Georgia, with shipped' in a mixed load with frozen or in Alabama, Georgia, North Carolina, restriction; new furniture and furniture canned citrus products, from the plant- South Carolina, Virginia, and West Vir­ parts, from Toccoa, Ga., Selma, Ala., and site of Osceola Fruit and Distributing Co. ginia, with restriction; frozen foods, from Trumann, Ark., to points in Arkansas, at or near Waycross, Ga., to points in certain specified points in Iowa, to points Colorado, Illinois, Indiana, Iowa, Ken­ Maine, New Hampshire, North Dakota, in Florida, Georgia, North Carolina, tucky, Kansas, Michigan, Minnesota, South Dakota, and Vermont; commod­ South Carolina, Virginia, and West Vir­ Missouri, Nebraska, New Mexico, North ities, the transportation of which is ginia, and the District of Columbia; food Dakota, Oklahoma, South Dakota, Texas partially exempt under the provisions products (except in bulk), from Califor­ (with exception), and Wisconsin, from of section 203(b) (6 ) of the Interstate nia, Mo., to points in North Carolina, Selma, Ala., and Trumann, Ark., to Commerce Act if transported in vehicles South Carolina, Georgia, Alabama, and points in Florida, Louisiana, Mississippi, not used in carrying other property, when Florida; North Carolina, South Carolina, and moving in the same vehicle at the same Food products, and agricultural com­ Tennessee, Trumann, Ark., to points in time with the commodities specified modities, the transportation of which is Alabama, Georgia, Ohio, and Virginia; hereinabove, from the plantsite of Os­ partially exempt under the provisions of and meats, meat products, and meat by­ ceola Fruit and Distributing Co. at or section 203(b) (6 ) of the Interstate products, and articles distributed by meat near Waycross, Ga., to points in Alabama, Commerce Act if transported in vehicles packinghouses as described in sections Arkansas, Connecticut, Colorado, Dela­ not used in carrying any other property A and C of Appendix I to the report in ware, Illinois, Indiana, Iowa, Kansas, when moving in the same vehicle at the Descriptions in Motor Carrier Certifi­ Kentucky, Louisiana, Maine, Maryland, same time with food products, from cates 61 M.C.C. 209 and 766 (except hides Massachusetts, Michigan, Minnesota, Sedalia, Mo., to points in Alabama, and commodities in bulk), from Great Mississippi, Missouri, Nebraska, New Florida, Georgia, North Carolina, and Bend, Kans., to points in Alabama, Hampshire; New Jersey, New York, North South Carolina; bananas, from New Or­ Florida, Georgia, Kentucky, North Caro­ Carolina, North Dakota, Ohio, Okla­ leans, La., and Mobile, Ala., to Pittsburg lina, South Carolina, and Tennessee homa, Pennsylvania, Rhode Island, South and Coffeyville, Kans., and Springfield, (except Memphis, Tenn., and points in Carolina, South Dakota, Tennessee, Mo.; animal feed, except in bulk, from its commercial zone as defined by the Texas, Vermont, Virginia, West Virginia, the plantsite at or near Golden Meadow, Commission), with restriction. Vendee is Wisconsin, and the District of Columbia, La., and storage facilities at or near authorized to operate as a common car­ with restriction; citrus products, and Lockport, La., of Usen Products Co., to rier California, Iowa, Missouri, Kansas, fruit juices and drinks, from Waycross, points in Colorado, Iowa, Kansas, Minne­ Oklahoma, Alabama, Kentucky, Arizona, Ga., to points in Arizona, California, and sota, Missouri, Nebraska, and Oklahoma; Illinois, Indiana, Michigan, Texas, New

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18830 NOTICES Jersey, Washington, Connecticut, Dela­ A'copy of the application is on file, No. MC 118089 (Sub-No. 9 TA), filed ware, Maine, Maryland, Massachusetts, and can be examined at the Office of the September 7, 1971. Applicant: ROBERT New Hampshire, New York, Pennsyl­ Secretary, Interstate Commerce Com­ HEATH TRUCKING, INC., 2909 Avenue vania, Rhode Island, Vermont, Virginia, mission, Washington, D.C., and also in C, Lubbock, TX 79408. Applicant’s repre­ West Virginia, and the District of Colum­ field office to which protests are to be sentative: Donald L. Stem, 530 Univac bia. Application has been filed for tem­ transmitted. Building, 7100 West Center Road, porary authority under section 2 1 0 a(b). Omaha, NE 68106. Authority sought to M otor Carriers op P roperty operate as a common carrier, by motor No. MC-F-11316. Authority sought for No. MC 18535 (Sub-No. 51 TA), filed vehicle, over irregular routes, transport­ purchase by YELLOW FREIGHT SYS­ September 7, 1971. Applicant: HICKLIN ing: Meats, meat products and meat by­ TEM, INC., 92d Street at State Line MOTOR LINE, INC., U.S. Highway 601, products, and articles distributed by meat Road, Kansas City, MO 64114, of the St. Matthews, S.C. 29135. Applicant’s packinghouses as described in sections A operating rights and property of ELGIN- representative: Lawrence M. Gressette, and B of appendix I to report in Descrip­ CHICAGO EXPRESS CO., 760' Dickie Jr., 203 Railroad Avenue NW. (Post tions in Motor Carrier Certificates, 61 Avenue, Elgin, IL 60120, and for acquisi­ Office Box 346), St. Matthews, SC 29135. M.C.C. 209 and 766, from Plainview, Tex., tion by GEORGE R. POWELL, 801 West Authority sought to operate as a common to points in Alabama, Connecticut, Dela­ 64th Terrace, Kansas City, Mo. 64113 and carrier, by motor vehicle, over irregular ware, Florida, Georgia, Maryland, Mass­ GEORGE E. POWELL, JR., 1040 West routes, transporting: Dimension lumber, achusetts, New Jersey, New York, North 57th Street, Kansas City, MO 64113, of from the plantsite of Council Lumber Co., Carolina, Ohio, Pennsylvania, South control of such rights and property Orangeburg, S.C., to Athens and Dan- Carolina, Virginia, West Virginia, and through the purchase. Applicants’ at­ dridge, Tenn.; Martinsville, and Bassett, the District of Columbia, for 180 days. torneys: Richard K. Andrews, 1500 Com­ Va.; Henderson, Somerset and Coving­ Supporting shipper: Norman L. Cum­ merce Building, Kansas City, Mo. 64106 ton, Ky.j and Crescent City, Fla., for 180 mins, Director of Physical Distribution, and Arnold L. Burk, Suite 2220-69 West days. Supporting shipper: Council Lum­ Missouri Beef Packers, Inc., 630 Amarillo Washington Street, Chicago, IL 60602. ber Co., Inc., Orangeburg, S.C. Send pro­ Building, Amarillo, Tex. 79101. Send Operating rights sought to be trans­ tests to: E. E. Strotheid, District Super­ protests to: Haskell E. Ballard, District ferred: Under a certificate of registration visor, Interstate Commerce Commission, Supervisor, ’interstate Commerce Com­ in Docket No. MC-12Q541 Sub-1, as a Bureau of Operations, 300 Columbia mission, Bureau of Operations, Box H- common carrier, covering the transpor­ Building, 1200 Main Street, Columbia, SC 4395 Herring Plaza, Amarillo, Tex. 79101. tation of commodities general, within the 29201. State of Illinois. Vendee is authorized to No. MC 128247 (Sub-No. 17 TA), filed operate as a common carrier in Illinois, No. MC 111401 (Sub-No. 345 TA), filed September 7, 1971. Applicant: BURSAL Kansas, Oklahoma, Texas, Missouri, In­ September 7, 1971. Applicant: GROEN- TRANSPORT, INC., Mailing: Post Office diana, Kentucky, Michigan, Ohio, Iowa, DYKE TRANSPORT, INC., 2510 Rock Box 565, Office: 107 Broadway, Bunker Nebraska, Georgia, Arizona, New Mexico, Island Boulevard, Enid, OK 73701. Appli­ Hill, IN 46914. Applicant’s representa­ Minnesota, South Carolina, Colorado, cant’s representative: Hoyt Gabbard tive: Warren C. Moberly, 777 Chamber California, Tennessee, Wyoming, South (same address as above). Authority of Commerce Building, Indianapolis, Ind. Dakota, Utah, Wisconsin, Pennsylvania, sought to operate as a common carrier, 46204. Authority sought to operate as a Maryland, Virginia, Alabama, and New by motor vehicle, over irregular routes, contract carrier, by motor vehicle, over Jersey. Application has been filed for transporting: Liquid animal feeds, irregular routes, transporting: Processed temporary authority under section 2 1 0 a liquid animal feed ingredients, and liquid clay, from points in Thomas County, Ga., (b). animal feed supplements, in bulk, in to points in Alabama, Arkansas, Indiana, N o te: N o. MC-112713 Sub-134, is a tank vehicles, from Oklahoma City, Iowa, Kansas, Kentucky, Louisiana, matter directly related. . Okla., to points in Texas, except (Allison, Maryland, Michigan, Minnesota, Missis­ Blue Ridge, Chillicothe, Childress, Dar- sippi, Missouri, New Jersey, New York, By the Commission. rouzetts, Higgins, Iowa Park, Jacksboro, North Carolina, Ohio, Oklahoma, Penn­ [ seal] R obert L. Oswald, Justin, McLean, Mansfield, Memphis, sylvania, South Carolina, Tennessee, Secretary. Mineral Wells, Pampa, Paris, Shamrock, Texas, Virginia, Washington, D.C., West Weatherford, Wellington, Wheeler), for Virginia, and Wisconsin, for 180 days. [FR Doc.71-13950 Filed 9-21-71:8:52 am] 180 days. Supporting shipper: Taylor - Supporting shipper: Oil-Dri Corporation Evans Seed Co. (Edward Boydstun, of America, 520 Michigan Avenue, Chi­ [Notice No. 365] Transportation Department) Agricul­ cago, IL. Send protests to: Acting Dis­ ture Supply Division, 2701 East Third, trict Supervisor John E. Ryden, Bureau MOTOR CARRIER TEMPORARY Post Office Box 4008, Amarillo, TX 79107. of Operations, Interstate Commerce AUTHORITY APPLICATIONS Send protests to: C. L. Phillips, District Commission, Room 204, 345 West Wayne S eptember, 15, 1971. Supervisor, Interstate Commerce Com­ Street, Fort Wayne, IN 46802. mission, Bureau of Operations, Room 240, The following are notices of filing of No. MC 129857 (Sub-No. 1 TA), filed Old Post Building, £15 NW. Third, Okla­ September 7, 1971. Applicant: GRM., applications for temporary authority un­ homa City, OK 73102. der section 210a(a) of the Interstate INC., 700 Henry Ford Avenue, Long Commerce Act provided for under the No. MC 115331 (Sub-No. 323 TA); filed Beach, CA 90810. Applicant’s representa­ new; rules of Ex Parte No. MC-67 (49 September 7, 1971. Applicant: TRUCK tive: Warren Grossman, 825 City Na­ CFR Part 1131), published in the F ederal TRANSPORT, INCORPORATED, 1931 tional Bank Building, 606 South Olive R egister, issue of April 27,1965, effective North Geyer Road, St. Louis, MO 63131. Street, Los Angeles, CA 90014. Authority July 1, 1965. These rules provide that Authority sought to operate as a com­ sought to operate as a common carrier, protests to the granting of an applica­ mon carrier, by motor vehicle, over by motor vehicle, over irregular routes, tion must be filed with the field official irregular routes, transporting: Portland transporting: New automobiles, from named in the F ederal R egister publica­ and mortar cement, in bulk and in bags, point of entry on the United States- tion, within 15 calendar days after the from the facilites of River Cement Co., Mexico international boundary at or date of notice of the filing of the applica­ at or near Selma, Mo. (Jefferson near San Ysidro, Calif., to Long Beach, tion is published in the F ederal R egister. County), to points in Illinois on and Calif., for 180 days. Supporting shipper: One copy of such protests must be served south of U.S. Highway 36, for 180 days. Toyota Motor Sales, U.S.A., Inc. 2055 on the applicant, or its authorized rep­ Supporting shipper: River Cement Co., West 190th Street, Torrance, CA 90504. resentative, if any, and the protest must 10 South Brentwood Boulevard, St. Louis, certify that such service has been made. MO 63105. Send protests to: District Send protests to: Walter W. Strakosch, The protests must be specific as to the Supervisor J. P. Werthmann, Interstate District Supervisor, Interstate Commerce service which such protestant can and Commerce Commission, Bureau of Commission, Bureau of Operations, Room will offer, and must consist of a signed Operations, Room 1465, 210 North 12th 7708, Federal Building, 300 North Los original and six (6 ) copies. Street, St. Louis, MO 63101. Angeles Street, Los Angeles CA 90012.

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 NOTICES 18831

No. MC 133106 (Sub-No. 9 TA), filed L. GILBERT, MAX GILBERT, LOREN Gratiot, East Detroit, MI. Authority September 3, 1971. Applicant: NA­ GILBERT, AND RICHARD HANNAH, sought to operate as a contract carrier, TIONAL CARRIERS, INC., Post Office a partnership, doing business as, GIL­ by motor vehicle, over irregular routes, Box 1358, 1501 East Eighth Street, Lib­ BERT BROS., Mansfield, HI. 61854. Ap­ transporting: Advertising signs including eral, KS 67901. Applicant’s representa­ plicant’s representative: Robert T. materials and supplies used in the instal­ tive: D. Acklie, 521 South 14th Street, Lawley, 300 Reisch Building, Springfield, lation thereof, from Mount Clemens, Lincoln, NE 68501. Authority sought to 111. 62701. Authority sought to operate Mich., to points in Pennsylvania and New operate as a contract carrier, by motor as a common carrier, by motor vehicle, York and Used, rejected, damaged and vehicle, oyer irregular routes, transport­ over irregular routes, transporting: trade-in signs and materials dnd supplies ing: Drugs, medicines, toilet prépara­ Gravel, from Covington, Ind., to points used in the installation thereof on re­ tions, toothbrushes, candy, confection­ in De Witt and Piatt Counties, 111., for turn, for 180 days. Supporting shipper: ery, chewing gum, gum base, cough drops, 180 days. Supporting shipper: J. M. Tut­ Willey Sign Co., 167 Grand Avenue, dry beverage preparations, antacid mints, tle, Secretary, Interstate Sand and Mount Clemens, MI 48043. Send protests store display racks or stands, and pack­ Gravel Co., Inc., Covington, Ind. 47932. to: Melvin F. Kirsch, District Supervisor, aging materials, moving in vehicles Send protests to: Harold C. Jolliff, Dis­ Interstate Commerce Commission, Bu­ equipped with mechanical temperature trict Supervisor, Bureau of Operations, reau of Operations, 1110 Broderick control devices, from the plantsite and Interstate Commerce Commission, 325 Tower, 10 Witherell, Detroit, MI 48226. storage facilities used by Warner- West Adams Street, Room 476, Spring- No. MC 135931 (Sub-No. 1 TA), filed Lambert at or near Poughkeepsie and field, HI. 62704. September 7, 1971. Applicant: LEO E. Long Island City, N.Y., and North Ber­ No. MC 135660 (Sub-No. 3 TA), HERBRAND & SON TRUCKING, INC., gen, N.J., to Columbus, Ohio; Rockford, filed September 7, 1971. Applicant: 2429 Middleton Beach Road, Middle- 111.; Arlington, Tex.; Anaheim, Calif., and BROWNSBERGER ENTERPRISES, ton, WI 53562. Applicant’s represent­ Milwaukie, Oreg., and their respective INC., R.F.D. 1, Post Office Box 111, But­ ative: James E. Quackenbush, 139 commercial zones under continuing con­ ler, MO 64730. Applicant’s representa­ West Wilson Street, Room 108, Madison, tract with Warner-Lambert Co., for 180 tive: John E. Jandera, 641 Harrison WI 53703. Authority sought to operate as days. Supporting shipper: Consumer Street, Topeka, KS 66603. Authority a contract carrier, by motor vehicle, over Products Group of the Warner-Lambert sought to operate as a contract carrier, irregular routes, transporting: Re­ Co., 201 Tabor Road, Morris Plains, NJ by motor vehicle, over irregular routes, claimed, crushed glass, in bulk, for re­ 07950. Send protests to: M. E. Taylor, transporting: Materials and supplies cycling antj reuse, from Madison, Wis., District Supervisor, Interstate Commerce used in the manufacture of plastic pipe, to Streator, HI., for 180 days. Supporting Commission, Bureau of Operations, 501 from Akron and Stryker, Ohio, to Linn shipper: Coca-Cola Bottling Company of Petroleum Building, Wichita, Kans. Creek, Mo., for 150 days. Supporting Madison, 3536 University Avenue, Madi­ 67202. shipper: Central Missouri Pipe Co., Post son, WI 53705. Send protests to: Barney No. MC 134022 (Sub-No. 5 TA), filed Office Box 75, Linn Creek, MO. Send pro­ L. Hardin, District Supervisor, Interstate September 7,1971. Applicant: RICHARD tests to: John V. Barry, District Super­ Commerce Commission, Bureau of Oper­ A. ZIMA, doing business as ZIPCO, Post visor, Interstate Commerce Commission, ations, 139 West Wilson Street, Room Office Box 115, 4008 Schuster Drive, Bureau of Operations, 1100 Federal Of­ 206, Madison, WI 53703. West Bend, WI 53095. Authority sought fice Building, 911 Walnut Street, Kansas No. MC 135946 (Sub-No. 1 TA), filed to operate as a common carrier, by motor City, MO 64106. September 7, 1971. Applicant: FRANK vehicle, over irregular routes, transport­ No. MC 135904 (Sub-No. 1 TA), filed CAPRIO, JR., doing business as FRAN’S ing: Cheese, cheese food, and specialty September 7, 1971. Applicant: GILL TRUCKING COMPANY, Bordentown items, as sold by Hickory Farms stores of ALLTRANS EXPRESS LTD., 4878 Avenue, Sayreville, N.J. 08872, Mail Ad­ Ohio, between Kaukauna and Town Vin- Manor Street, North Burnaby, BC, Can­ dress: Post Office Box 69, Parlin, NJ land, Wis., to points in Illinois, Missouri, ada. Applicant’s representative: George 08859. Applicant’s representative: Robert Kansas, Oklahoma, Texas, Louisiana, In­ H. Hart, 1100 IBM Building, Seattle, B. Pepper, 174 Brower Avenue, Edison, diana, Ohio, Kentucky, Tennessee, North Wash. 98101. Authority sought to operate NJ 08817. Authority sought to operate as and South Carolina, Georgia, West Vir­ as a common carrier, by motor vehicle, a contract carrier, by motor vehicle, over ginia, Pennsylvania, New York, and over irregular routes, transporting: Gen­ irregular routes, transporting: Sand, in Maryland; and damaged and rejected eral commodities (except household bulk, in dump vehicles, from the plantsite shipments and shipping materials on re­ goods as defined by the Commission, of Central Jersey Sand Fill, Sayreville, turn, for 180 days. Supporting shipper: classes A and B explosives, commodities N.J., to Staten Island, N.Y., under con­ Kaukauna Dairy Co., Kaukauna, Wis. in bulk, and commodities which because tinuing contract with Central Jersey 54130 (Matthew C. Zima, Traffic Man­ of their size or weight require special Sand Fill, for 180 days. Supporting ship­ ager). Send protests to: District Super­ equipment), between Seattle and Ta­ per: Central Jersey Sand Fill, Earth visor Lyle D. Heifer, Interstate Commerce coma, Wash., on the one hand, and, on Specialists, Bordentown Avenue and Commission, Bureau of Operations, 135 the other, points on the international Jernee Mill Road, Sayreville, NJ, Post West Wells Street, Room 807, Milwaukee, boundary line between the United States Office Box 69, Parlin, NJ 08859. Send pro­ Wis. 53203. and Canada located at or near Blaine tests to: District Supervisor Robert S. No. MC 134806 (Sub-No. 4 TA), filed and Sumas, Wash., for 180 days. N o t e : H. Vance, Bureau of Operations, Inter­ September 3, 1971. Applicant: B-D-R Applicant does intend to interline at state Commerce Commission, 970 Broad TRANSPORT, INC., Post Office Box 813, Tacoma and Seattle and tack in Canada Street, Newark, NJ 07102. Brattleboro, VT 05301. Applicant’s rep­ for through service to points in Canada. By the Commission. resentative: F. Ortman, 1100 17th Street Supported by: This application is sup­ NW., Suite 613, Washington, DC 20036. ported by 131 supporting shippers, prin­ [ s e a l ] R o b e r t L. O s w a l d , Authority sought to operate as a con­ cipally domiciled in Canada. The letters Secretary. tract carrier, by motor vehicle, over irreg­ may be inspected at the Interstate Com­ [FR Doc.71-13951 Filed 9-21-71;8:52 am] ular routes, transporting: Aluminum merce Commission office in Washington, bowls and trays, and coffee percolators D.C. 20423, or the Seattle office. Send or makers, household type, from Chilton, protests to: E. J. Casey, District Super­ [Notice No. 366] Wis., to Boston, Mass., for 180 days. Sup­ visor, Bureau of Operations, Interstate MOTOR CARRIER TEMPORARY porting shipper: Cornwall Corp., 48 Commerce Commission, 6130 Arcade AUTHORITY APPLICATIONS Wareham Street, Boston, MA 02117. Send Building, Seattle, Wash. 98101. S e p t e m b e r 16,1971. Protests to: Martin P. Monaghan, Jr., No. MC 135926 (Sub-No. 1 TA), filed District Supervisor, Bureau of Opera­ September 7, 1971. Applicant: NORMAN The following are notices of filing of tions, Interstate Commerce Comrfiission, WINSKY, doing business as WINSKY applications for temporary authority 52 State Street, Montpelier, VT 05602. CARTAGE SERVICE, 27275 Mound under section 210a(a) of the Interstate No. MC 135319 (Sub-No. 1 TA), filed Road, Warren, MI 48092. Applicant’s rep­ Commerce Act provided for under the September 7, 1971. Applicant: WILBER resentative: William B. Elmer, 23801 new rules of Ex Parte No. MC-67 (49

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18832 NOTICES

C F R Part 1131), published in the F e d ­ Winfield. Supporting shipper: Appli­ ROW TRUCK LINES, INC., Post Office e r a l R e g is t e r , issue of April 27, 1965, ef­ cant’s own statement. Send protests to: Box 5568, 1220 West Third Street, Bir­ fective July 1, 1965. These rules provide C. L. Phillips, District Supervisor, Inter­ mingham, AL 35207. Applicant’s repre­ that pretests to the granting of an appli­ state Commerce Commission, Bureau of sentative: William P. Jackson, Jr., 919 cation must be filed with the field of­ Operations, Room 240, Old Post Office 18th Street NW, Washington, DC 20006. ficial named in the F e d e r a l R e g is t e r Building, Oklahoma City, Okla. 73102. Authority sought to operate as a com­ publication, within 15 calendar days after No. MC 107012 (Sub-No. 123 TA) (Cor­ mon carrier, by motor vehicle, over ir­ the date of notice of the filing of the ap­ rection) , filed August 25, 1971, published regular routes, transporting: Prefabri­ F e d e r a l cated buildings, parts and accessories plication is published in the in the F e d e r a l R e g is t e r September 11, R e g is t e r . One copy of such protests must 1971, corrected and republished in part as therefor, building and construction ma­ be served on the applicant, or its au­ corrected this issue. Applicant: NORTH terials and supplies, iron and steel arti­ thorized representative, if any, and the. AMERCIAN VAN LINES, INC., Post Of­ cles, and materials, supplies and equip­ protests must certify that such service fice Box 988, Lincoln Highway East and ment used in the manufacture of has been made. The protests must be Meyer Road, Fort Wayne, IN 46801. Ap­ prefabricated buildings, between Colum­ specific as to the service which such pro- bus, Ga., on the one hand, and, on the plicant’s representative: Martin A. Weis- other, points in Alabama, Arkansas, testant can and will offer, and must con­ sert (same address as above). N o t e : The sist of a signed original and six copies. purpose of this partial republication is to Florida, Georgia, Illinois, Indiana, Ken­ A copy of the application is on file, change the authority sought to common tucky, Louisiana, Maryland, Michigan, and can be examined at the Office of the carrier, in lieu of contract carrier, shown Mississippi, New Jersey, New York, North Secretary, Interstate Commerce Com­ erroneously in previous publication. The Carolina, Ohio, Pennsylvania, South mission, Washington, D.C., and also in Carolina, Tennessee, Virginia, West Vir­ rest of the notice remains the same. ginia, and Wisconsin, for 180 days. Sup­ field office to which protests are to be No. MC 107295 (Sub-No. 548 TA), transmitted. porting shipper: Pascoe Steel Corp., Post filed September 9, 1971. Applicant: PRE­ Office Box 1098, Columbus, GA 31902. M o t o r C a r r ie r s o f P r o p e r t y FAB TRANSIT COMPANY, 100 South Send protests to: Clifford W. White, Dis­ No. MC 1641 (Sub-No. 95 TA), filed Main Street, Post Office Box 146, Farmer trict Supervisor, Bureau of Operations, City, IL 61842. Applicant’s representa­ Interstate Commerce Commission, Room September 7, 1971. Applicant: PEAKE tive: Bruce J. Kinnee (same address as 814, 2121 Building, Birmingham, Ala. TRANSPORT SERVICE, INC., Box 366, above). Authority sought to operate as a 35203. N o t e : Applicant does intend to Chester, NE 68327. Applicant’s represent­ common carrier, by motor vehicle, over tack the authority in MC 121060. ative: R. B. Parker (same address as irregular routes, transporting: Fabri­ No. MC 123502 (Sub-No. 36 TA), filed above). Authority sought to operate as cated structural steel, from Sedalia and September 10, 1971. Applicant: FREE a common carrier, by motor vericle, over Jefferson City, Mo., to points in Illinois, Indiana, Kentucky, and Wisconsin, for STATE TRUCK SERVICE, INC., 10 irregular routes, transporting: Liquid Vernon Avenue, Post Office Box 760, asphalt, road oils, and residual fuel oil, 180 days. Supporting shipper: James M. Glen Burnie, MD 21061. Applicant’s rep­ in bulk, in tank vehicles, from Sugar Vacke, DeLong’s Inc., Dix Road and In­ dustrial Drive, Jefferson City, MO 65101. resentative: W. Wilson Corroum (same Creek, Mo., to points in Nebraska, for Send protests to: Harold C. Jolliff, Dis­ address as above). Authority sought to 180 days. Supporting shippers: Dobson trict Supervisor, Bureau of Operations, operate as a common carrier, by motor Bros., Construction Co., 1220 J Street, Interstate Commerce Commission, Room vehicle, over irregular routes, transport­ Suite 302, Lincoln, NE 68501; Dearborn 476, 325 West Adams Street, Springfield, ing : Clay, from South Fork, Pa., to Balti­ IL 62704. more, Md., for 180 days. Supporting ship­ Asphalt Co., 2220 Hawkeye Drive, Box per: Mr. N. R. White, Executive Vice 1618, Sioux City, IA 51102; Midwest Pav­ No. MC 108207 (Sub-No. 330 TA), President, Swank Refractories Co., 101 ing Co., 218 Benson Building, Sioux City, filed September 10, 1971. Applicant: Swank Court, Johnstown, PA 15902. Iowa; Cather & Sons Construction Co., FROZEN FOOD EXPRESS, Post Office Send protests to: William L. Hughes, 5900 Ballard Street, Lincoln, NE 68501; Box 5888, 318 Cadiz Street 75207, Dallas, District Supervisor, Interstate Commerce Abel Construction Co., 1815 Y Street, TX 75222. Applicant’s representative: Commission, Bureau of Operations, Lincoln, NE 68501; Roadmix, Inc., 515 J. B. Ham (same address as above). Au­ 814-B Federal Building, Baltimore, Md. thority sought to operate as a common 21201. First National Bank Building, Fremont, carrier, by motor vehicle, over irregular Nebr.; Nider-Jergensen Construction Co., routes, transporting: Frozen prepared No. MC 124211 (Sub-No. 201 TA), filed 4343 South 67th Street, Omaha, NE; foods, from Gallup, N. Mex., to points September 10, 1971. Applicant: HILT James E. Simon, Co., Inc., Box 130, North in Arizona and California, for 180 days. TRUCK LINE, INC., Post Office D ra w e r Platte, NE. Send protests to: Max H. Supporting shipper: Moore’s Seafood 988 D.T.S., Omaha, NE 68101. A u th o r it y sought to operate as a common carrier, Johnston, District Supervisor, Interstate Products, Inc., Biox 128, Fort Arkinson, WI 53538. Send protests to: District Su­ by motor vehicle, over irregular ro u te s , Commerce Commission, Bureau of Op­ transporting: Vault doors, safes, safe erations, 320 Federal Building, Lincoln, pervisor E. K. Willis, Jr., Interstate Commerce Commission, Bureau of Op­ deposit boxés, filing cabinets, and se­ Nebr. 68508. erations, 1100 Commerce Street, Room curity equipment; plumbing, heating and No. MC 42405 (Sub-No. 30 TA), filed 13C12, Dallas, TX 75202. cooling equipment and supplies; angles September 2, 1971. Applicant: MISTLE­ and channels; hardware; plastic a rticles; TOE EXPRESS SERVICE, a corporation, No. MC 108207 (Sub-No. 331 TA), cloth, dry goods, or fabrics; adhesives; doing business as MISTLETOE EX­ filed September 10, 1971. Applicant: booths; doors, windows, boards; panels; PRESS, Post Office Box 25125, 111 Har­ FROZEN FOOD EXPRESS, Box 5888, partitions; shutters; building anchors, rison, Oklahoma City, OK 73125. Appli­ 318 Cadiz Street 75207, Dallas, TX 75222. aluminum articles; door and window cant’s representative: Max G. Morgan, Applicant’s representative: J. B. Ham frames; elevators and conveyors; dis­ 600 Leininger Building, Oklahoma City, (same address as above). Authority posal units; and equipment, m aterials, Okla. 73112. Authority sought to operate sought to operate as a common carrier, parts, supplies, and accessories used or as a common carrier, by motor vehicle, by motor vehicle, over irregular routes, useful in the installation, sale and d istri­ over regular routes, transporting: Gen­ transporting: Human blood plasma, from bution of the aforementioned com m odi­ eral commodities, except classes A and B Wichita, Kans., to Berkeley, Calif., for 180 ties (except those commodities that r e ­ explosives, moving in express service, be­ days. Supporting shipper: Cutter Labo­ quire special equipment and except c o m ­ tween Wichita, Kans., and Winfield, ratories, Inc., Fourth and Parker Streets, modities in bulk), from the plantsites, Kans., as an alternate route for operating Berkeley, CA 94710. Send protests to: distribution centers and storage f a c ilite s convenience, from Wichita over Kansas District Supervisor E. K. Willis, Jr., In­ used by Amercan Standard, Inc., o r its Highway K-15 to its junction U.S. High­ terstate Commerce Commission, Bureau subsidiaries, in Butler and H a m ilto n way 77, thence over U.S. Highway 77 to of Operations, 1100 Commerce Street, Counties, Ohio; to points in the U n ite d Winfield and return, for 150 days. N o t e : Room 13C12, Dallas, TX 75202. States on and west of U.S. Highway 75, Applicant states this is an alternate route No. MC 121060 (Sub-No. 12 TA), except those in Alaska and Hawaii, re­ it will tack and join at both Wichita and filed September 10, 1971. Applicant: AR- turn with no compensation except as

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 NOTICES 18833

otherwise authorized, for 180 days. Sup­ operate as a contract carrier, by motor ASSIGNMENT OF HEARINGS vehicle, over irregular routes, transport­ porting shipper: American Standard, S e p t e m b e r 17, 1971. Inc., Corporate Traffic Department, Lo­ ing: Radio receiving sets, tape recorders, gistics Section, Post Office Box 2003, New tape players, record players, combination Cases assigned for hearing, postpone­ Brunswick, NJ 08903. Send protests to: and parts thereof, sewing machines, ment, cancellation or oral argument ap­ Carroll Russell, District Supervisor, sewing machine cabinets and parts pear below and will be published only Interstate Commerce Commission, Bu­ thereof, between the premises of Morse once. This list contains prospective as­ reau of Operations, 711 Federal Office Electro Products Corp., New York, N.Y., signments only and does not include cases Building, Omaha, Nebr. 68102. on the one hand, and, on the other, previously assigned hearing dates. The points in New York, New Jersey, Con­ hearings will be on the issues as pres­ No. MC 129631 (Sub-No. 20 TA), filed necticut, Massachusetts, Rhode Island, ently reflected in the Official Docket of September 7, 1971. Applicant: PACK and New Hampshire and Philadelphia, the Commission. An attempt will be made TRANSPORT, INC., Post Office Box Pa., for 180 days. Supporting Shipper: to publish notices of cancellation of hear­ 17233, Salt Lake City, UT 84117. Author­ Morse Electro Products Corp., Attention: ings as promptly as possible, but in­ ity sought to operate as a common car­ Mr. Philip Mazonny, Traffic Manager, terested parties should take appropriate rier, by motor vehicle, over irregular 101-10 Foster Avenue, Brooklyn, NY steps to insure that they are notified of routes, transporting: Lumber and build­ 11236. Send protests to: Stephen P. cancellation or postponements of hear­ ing materials, other than cement, from Tomany, District Supervisor, Interstate ings in which they are interested. Columbia, Washington, Yamhill, Mult­ Commerce Commission, Bureau of MC 117565 Sub 29, Motor Service Co., Inc., nomah, Clackamas, Marion, Hood River, Operations, 26 Federal Plaza, Room now assigned September 24,1971, at Colum­ Wasco, Union, Baker, and Wallowa bus, Ohio, has been postponed indefinitely. Counties, Oreg., and Skamania and 1807, New York, NY 10007. MC 116886 Sub 41, Howell’s Motor Freight, Klickitat Counties, Wash., to Baker, No. MC 135970 TA, filed September 10, Inc., now assigned September 22, 1971, at Louisville, Ky., canceled, transferred to N o t e : 1971. Applicant: WILLIAMETTE BEV­ Oreg., for 180 days. Applicant Modified Procedure. states it intends to tack at Baker, Oreg., ERAGE CO., 3030 Judkins Road, Eugene, No. 35203 Sub 6, Intrastate Freight Rates and to its presently held common carrier OR 97403. Applicant’s representative: Charges in Southern States, 1969 (Missis­ authority MC 129631 Sub-No. 18, and to Heinz R. Kothe (same address as above). sippi), assigned October 25, 1971, is can­ interline with other carriers. The purpose Authority sought to operate as a contract celed and reassigned November 3, 1971, at of this application is to effect the con­ carrier, by motor vehicle, over irregular Jackson Miss., in Suite 403, Sun’N Sand version of applicant’s unlimited contract routes, transporting: Beverage cans, Motel, 401 North Lamar Street. permit with respect to lumber and build­ from Portland, Oreg., to Seattle, Wash., FD 26582, Atchison, Topeka & Santa Fe Rail­ way Co., Abandonment Emporia, Lyon ing materials, other than cement, into a for 180 days. Supporting shipper: Glaser County, and Moline, Elk County, Kans., full common carrier certificate so as to Beverages, 2300 26th Avenue South, assigned November 1, 1971, in Courtroom, eliminate “objectionable dual opera­ Seattle, WA 98144. Send protests to: A. E. County Courthouse, Main Street, Eureka, tions.” Supported by: There are approxi­ Odoms, District Supervisor, Interstate Kans. mately 11 statements of support attached Commerce Commission, Bureau of Op­ MC 42125 Sub 1, The Overland Express In­ to the application, which may be exam­ erations, 450 Multnomah Building, Port­ ternational, Inc., now assigned November ined here at the Interstate Commerce land, Oreg. 97230. 8, 1971, at Lansing, Mich., in Room 360, 7 Story State Office Building. Commission in Washington, D.C., or By the Commission. copies thereof which m&y be examined MC 129885, Chet’s Tow Service, Inc., Com­ [ s e a l ] R o b e r t L . O s w a l d , mon Carrier Application, assigned October at the field office named below. Send pro­ 18, 1971, in Room 148A, 601 East 12th tests to: John T. Vaughan, District Secretary. Street, Kansas City, MO. ’ Supervisor, Bureau of Operations, Inter­ [FR Doc.71-13952 Filed 9-21-71:8:52 am] Ex Parte No. 270 Sub 1, Investigation of Rail­ state Commerce Commission, 5239 Fed­ road Freight Rates Structure, Export- eral Building, Salt Lake City, Utah 84111. Import Rates and Charges, now assigned [Notice No. 753] November 1,1971, in Room 1743, Tax Court No. MC 135951 TA, filed September 7, MOTOR CARRIER TRANSFER Everett McKinley Dirksen Building, 219 1971. Applicant: RICHARD WAGNER, South Dearborn Street, Chicago, IL, and doing business as INTERSTATE AUTO PROCEEDINGS on November 30, 1971, in Room 503, 555 TRANSPORT, Box 238, Colorado S e p t e m b e r 17,1971. Battery Street, San Francisco, CA. MC 73165 Sub 289, Eagle Motor Lines, Inc., Springs, CO 80901. Applicant’s repre­ Application filed for temporary author­ MC 83539 Sub 315, C & H Transportation sentative: Richard Wagner, Colorado ity under section 2 1 0 a(b) in connection Co., Inc., MC 105045 Sub 27, R. L. Jeffries Springs, Colo. Authority sought to oper­ with transfer application under section Trucking Co., Inc., No. MC 106497 Sub 57, ate as a contract carrier, by motor 212(b) and Transfer Rules, 49 CFR Part Parkhill Truck Co., MC 106644 Sub 114, vehicle, over regular routes, transport­ 1132: Superior Trucking Co., Inc., MC 111545 ing : Repossessed motor vehicles, between No. MC-FC-73197. By application filed Sub 154, Home Transportation Co., Inc., three offices of the Ford Motor Credit Co., September 13, 1971, REGINALD C. WIL­ MC 112304 Sub 42, Ace Doran Hauling & from Colorado Springs, Colo., to Albu­ SON, JR., PAUL R. HOWARD, AND C. Rigging Co., MC 116915 Sub 8, Eck Miller Transportation Corp., and MC 119777 Sub querque, N. Mex., Phoenix, Ariz., RUSSELL ACKLEY, a partnership, do­ 197, Ligon Specialized Hauler, Inc., Amarillo, Tex., and return Interstate ing business as WILSON MOVING AND assigned November 1, 1971, at the Offices Highway 25 to U.S. Route 6 6 (Interstate STORAGE, 129 Strongs Avenue, Rut­ of the Interstate Commerce Commission, Highway 40) at Albuquerque; then U.S. land, VT 05701, seeks temporary author­ W ashington, D.C. Highway 6 6 (Interstate Highway 40) ity to lease the operating rights of REG­ MC 115841 Sub 404, Colonial Refrigerated either east of Amarillo or west to Flag­ INALD C. WILSON (REGINALD C. Transportation Inc., assigned December 1, staff, Ariz., and south on U.S. Highway WILSON, JR., Administrator) doing 1971, in Room 3A19 Federal Building, 1100 89 to (Interstate Highway 17) Phoenix, business as yviUSON FAST FREIGHT, Commerce Street, Dallas, TX. MC 126276 Sub 42, Fast Motor Service, Inc., and return, for 180 days. Supporting 129 Strongs Avenue, Rutland, VT 05701, assigned November 29, 1971, in Room 3A19 shipper: Ford Motor Credit Co.,' 2822 under section 210a(b). The transfer Federal Building, 1100 Commerce Street, East Pikes Peak Avenue, Colorado to REGINALD C. WILSON, JR., PAUL Dallas, TX. Springs, CO 80909. Send protests to: R. HOWARD, AND C. RUSSELL ACK­ MC 129635 Sub 2, Royal’s Motor Service, Inc., District Supervisor Herbert C. Ruoff, LEY, a partnership, doing business as assigned December 8, 1971, in Room 3A19 Interstate Commerce' Commission, Bu­ WILSON MOVING AND STORAGE, of Federal Building, 1100 Commerce Street, reau of Operation, 2022 Federal Building, the operating rights of REGINALD C. Dallas, TX. Denver, Colo. 80202. WILSON (REGINALD C. WILSON, JR., MC 110264 Sub 41, Albuquerque Phoenix Express, Inc., now assigned September 28, No. MC 135952 (Sub-No. 1 TA), filed Administrator), doing business as WIL­ 1971, Valley National Bank, Holbrook, Ariz. September 30, 1971, at Shalimar Motel, September 1 0 , 1971. Applicant: A-lst SON FAST FREIGHT, is presently pending. Gallup, N. Mex. October 4, .1971, New TRUCKING & LEASING CORP., 180 Mexico Motor Carriers Association Build­ Winifred Avenue, Yonkers, NY 10704. . By the Commission. ing, Albuquerque, N. Mex. Applicant’s representative: Arthur J. [ s e a l ] R o b e r t L. O s w a l d , [ s e a l ] R o b e r t L . O s w a l d , Piken, 1 Lefrak City Plaza, Suite 1515, Secretary, Secretary, Flushing, NY 11368. Authority sought to [FR Doc.71-13953 Filed 9-21-71;8:52 am] / [FR Doc.71-13954 Filed 9-21-71:8:52 am]

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18834 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— SEPTEMBER The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during September.

3 CFR Page 7 CFR— Continued Page 13 CFR—Continued Pa^e P roclamations: P roposed R ules— Continued P roposed R u l e s: 4077 _____ - ______17557 729______- ___ 17872 121______17514 4078 ______17559 7 7 5 ______18322 4079 ______- ______18453 906______— 18001 14 CFR 4080 ______r.-----18711 910______17579 25______—:____18716 E xecutive O rders: 927______- ____ 18473 29______18716 10713 (amended by EO11618). 18365 929______17875, 18413 37______— _— ____18716 11010 (see EO 11618)------18365 932___ — ______... 18085 go ______17493 11263 (see EO 11618)------18365 946______17875 "Ï7 4 9 4 ’ ~17847” l784Ì)~ 18190, 1830l[ 11395 (see EO 11618)______18365 948______18002 18302,18373,18461,18462,18508, 11615 (amended by EO 11617). 17813 966______18095, 18212, 18656 18638.18639.18785.18786 11617 ______17813 971______18656 61— ______17495 11618 ______18365 993— ______17579 63____ 17495 999— ______... 18323 71______17495, 5 CFR 1001 ______17580 17496, 17575, 17643, 17644, 17849, 1002 ______17580 213______- ______17483, 18076, 18077, 18191-18193, 18302, 1004______17580 18303, 18463, 18508-18511, 18575, 17484, 17561, 17815, 17816, 17979, 1007______18413 18455,18713 18639.18640.18725.18786 1015______17580, 17586 73______— 18193, 18511, 18512, 18725 294______- ______18455 1068______18474 550______17816 75__ 17849,18575,18576,18726 1124___ 18531 91______17495,18304,18716 1133______17588 95______- ______18512 7 CFR 1421______18323, 18473 97______17575, 18193, 18577 1464______17874,18473 42 18455 121______17495,18716 52— ______18777 123______17495 2 1 0 ------8 18173 CFR 127 — I______17495 301 ______18367, 18779 214______18300,18460 135______17495, 18716 3541___ - ______17484 238______18784 207 ______18787 701_1______1 ______18289 245____ 1— ______18784 208 ______— ____ 17644, 18787 718______17485 214______I______18787 775______17643 9 CFR P r o p o s e d R u l e s : 792______17561 36______18584 831______18298 75. ___ _ 18507 39._ 17512, 18476, 18532, 18800,18801 905 ______18371, 18372, 18635, 18780 76. 17844,18461 71______17513, 908 ______17563, 18059, 18507 78. _____ 18784 17588, 17589, 17653-17655, 17876, 910 ______17485, 97...... 18716 17816, 17979, 18299, 18459, 18636, 18109, 18110, 18214, 18476, 18533, 18713 P roposed R u l e s: 18751,18801,18802 911 _ 18636 317______18583 73 ______17876 1 2 1 ______18802 931":::::.:______18059, 18780 135______— — 18425 945______- ____ —------17816 10 CFR 948______-___ ------18299 2 0 2 ______18111 958______17817 2 ______18173 207 ______17655 981 _.______18372, 18781 50______18071,18301,18716 208 ______— 17655 991______18781 70______17573 212______17655 999______— 18781140______17979 214.______17655, 18754 1004______17491 170______18173 249______, ______18754 1050______17492 372______;______^ 17655 1079______17817 12 CFR 1241______18221 1106— ______- ______17492 222______18785 15 CFR 1421 — 18300 265— ______18373 1446_ 18060, 18637 524__ 17564 373______18640 1473— ______18713 545______17564, 17980 1802 _____ 17818 P r o p o s e d R u l e s : . 701 ______18637 7 ______18095 1803 ______17832 702 ______18637 1804 ______18062 706 ______18637 1814______18069 707 ______18637 16 CFR 1863 ______17833 708 ______18637 1864 ______17833 1 ______18788 709 ______18637 13______17982-17995, 18515-18524 1865 ______17840 710 ___ — ______18637 1866— . ______:____ — 17841 7 1 1 ______18637 252______- ______18078 1867______17843 715______— 18637 P roposed R u l e s: 720______18637 17 CFR 101______-______-___ 17579 240______,______18641 271 ______18213 P roposed R u l e s: 272 ______18213 9 18082 P r o p o s e d R u l e s : 722..______18322,18412 222______17514,18427 ______18000 724 ______... 18198 230______18586, 18592, 18593 725 ____ •______18000 13 CFR 239______18586, 18592, 18593 726______— 18198 728______18322 121...... 17492 249______18594 FEDERAL REGISTER 18835

18 CFR Page 24 CFR—Continued Page 33 CFR Pase 17576,18373,18643 1912-...... 18184 92______18526 1913 ______— 18185 P r o p o s e d R u l e s : 117______17854,17855,18526,18527 1914 ____ 17647, 18185, 18463, 18644 208 ______17996 2______18221 1915 ____ _ 17648,18186,18464,18645 209 __ 17855 154______18323 Proposed Rules: P r o p o s e d R u l e s : 157______18323 207______18583 260______17665 221_____ 18583 117______18531 601—______18477 209_____ 18798 26 CFR 19 CFR Page 1______18788, 18791 35 CFR l ------r 18304 13______>______18788 5______17509 P r o p o s e d R u l e s : Proposed ’ Rules : 1______17579 1______17863, 36 CFR 6______18582 18012, 18214, 18316, 18667, 18750 19______i ______18410 13______18012,18214 211______18794 24______17653 301______18677 37 CFR

20 CFR 28 CFR P r o p o s e d R u l e s : 405______18643 21_ 17506 2___ 18002 P r o p o s e d R u l e s : 51_ 18186 405—______L_____ 18696 201 18280 38 CFR 21 CFR 29 CFR 6 17855 1------18377 1903______— 17850 8_. 17855 3----- ___ 18377 1910 ______18080 17. 18794 121______18377 1911 ______17506 21 18304 130------18378 P r o p o s e d R u l e s : 36. 18195 132 ------:______18378 12 18007 133 ----- 18378 39 CFR 135------18378, 18726 30 CFR 262 18465 135a______18078 P roposed R ules : 135b_____ 18726 41 CFR 135c ------18726, 18787 270______18800 141a------17644 400______17546 l - i ______17509, 18397 141c------17645 5A-1______17576, 18528 144------18394 31 CFR 5A-2______18735 146------18395 5A-72______17856 146a------17644,18395 202______17995 203______17996 5A-76______17576 146c-----:------17645 8 - 1 ______*18174 191------17645, 18643 32 CFR 8- 7______- 18174 301 ------: ------13728 8 - 1 2 ______-18578 302 ------_---- 18731 166______18464 8-16______18174 303 ------18731 186______17996 9- 5______17576 304 ------18731 199______17508 9-7______18794 305 ------18732 1451 ______18395 14-1______18305 306 ------18732 1452 ______'______18395 14-2______18305 307 ------18733 1453 ______18395 14-3____ : __ r— _____ 18305 308 ------18733 1459 ______18395 14-7—______18306 311------18734 1460 ______18395 14-30______18306 420— .— 17646,18078-18080,18174,18175 1461 ______18396 50-250— ______18398 P r o p o s e d R u l e s : 1466______18396 101-19______17648 3------18098 1472______18396 114-26-______17996 19------18800 1474 ______18396 114-47______17509 1475 ______27------18098 18396 P r o p o s e d R u l e s : . 31------18098 1476 ______18397 125------18098 1477 ______18397 14-7______18531 146a------17653 1498______18397 146e------17653 1710—______18174 42 CFR 295------;____ 17512, 18012 301------18582 32A CFR 37------17577 59------18465 308------18582, 18749 OEP (Ch. I) : 59a------18306 ES Reg. 1—______17651 22 CFR 73------18795 Circ. 6 ______^_____ 17510 78------18645, 18646 41___ 17496 Circ. 7—______17577 458 ------i - _____ 18622 46______18643 Circ. 8 ------!_____ 17651 459 ------18622 Circ. 9______17861 460------18622 24 CFR Circ. 10— ______17998 461 ------18625 Circ. 11___ 18314 4__ 17496 462 ------18625 201_ Circ. 12______18471 18788 Circ. 13______18528 463 ------18626 241_...... 17506 Ch. I I I - . Circ. 14------18654 464 ------18626 18525 Circ. 101______18739 465 ------18628 1909___ 18176 1910_ 18179 P r o p o s e d R u l e s : P r o p o s e d R u l e s : 1911_ 18182 Ch. X. 18084, 18750 466. 17514

No. 184—Pt. I---- 9 18836 FEDERAL REGISTER

43 CFR Page 46 CFR Page 49 CFR—Continued Pa&e P u b l ic L a n d O r d e r s : P r o p o s e d R u l e s : 179..;------18468 1229 (modified by PLO 5125) _ 18648 503____ 18214 192------18194 2578 (modified by PLO 5117) _ 18580 510______18214 Ch. I ll------.------17845,18400 4582 (see PLO 5112)______18579 543______18214 393------18400 4651 (revoked by PLO 5110) __ 18578 395—------18400 4962 (see PLO 5112)______18579 397------18470 5044 (corrected by PLO 5118) _ 18580 47 CFR 571— ------18402 5065 (corrected by PLO 5113) _ 18579 0______—______18649 574— ------18581 5069 (corrected by PLO 5120) _ 18580 2______18307 601------18402 5081 (see PLO 5112)______18579 13______18649 1033------18403, 18528 5107____ 18470 21______18652 1048------— ______18735,18736 5110 ___ 18578 63_— ______18307 1104------18309 5111 _____ - ______18578 73______18308,18652 1201------17847 5112 ______18579 89___ :______18080,18652,18653 P r o p o s e d R u l e s : 5113 ______18579 5114 _ 18579 91— ______18080, 18652 391------18426 5115 ______■*______18580 93______18080,18652 393------17513,18426 5116 ___ — ______18646 P r o p o s e d R u l e s : 575------18751 5117 __ 18580 1048— ------17514 5118.______18580 1 ______17589 5119 ______185802 ______18660 5120 ______18580 15—______17589,18656 5 a CFR 5121 ______18647 2 1 ______18660 10------17565, 17857 5122 ___ 18648 73______18657,18661, 18664,18665 5123— ___ 18648 25 ------17997 5124 ______18648 81______18660 26 ------17998 5125 ______18648 87______18660 28— ------17858 P r o p o s e d R u l e s : 89. ______18660 29------17998 3000______18799 91____ 18660 31— ------17998 3045______18799 93______18660 32------17510, 3104______18799 17569-17572, 17650, 17651, 17858- 3200______18799 49 CFR 17861, 18195-18197, 18313, 18314, 45 CFR 171 ______17649, 18468 18404, 18470, 18471, 18530, 18581, 18737,18797 15______172 ______18838 18468 173— ______18468 33------17572, 17998 P r o p o s e d R u l e s : 260------18738 15______—______1880Q 174__ ... ______18468 116______— 18500 177______18468 P r o p o s e d R u l e s : 252______18106 178.______18468 32______18473

LIST OF FEDERAL REGISTER PAGES AND DATES— SEPTEMBER

Pages Date Pages Date 17477-17549. Sept. 1 18359-18446. Sept. 14 17551-17636. 2 18447-18502. 15 17637-17805. 3 18503-18567. 16 17807-17972. 4 18569-18628. 17973-18051. 8 17 18053-18165. 9 18629-18705. .. 18 18167-18281. 10 18707-18770. 21 18283-18357. 11 18771-18842. 22 WEDNESDAY, SEPTEMBER 22, 1971 WASHINGTON, D.C.

Volume 36 ■ Number 184

PART II

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Office of the Secretary

Relocation Assistance and Real Property Acquisition Policies 18838 RULES AND REGULATIONS

Subpart D— Federally Assisted Programs States or of two or more political sub­ Title 45— PUBLIC WELFARE Sec. divisions of a State or States. 15.33 Assurances from S tate agencies. (c) Federal financial assistance means Subtitle A— Department of Health, 15.34 Grantees’ additional responsibilities. a grant, loan, or contribution provided Education, and Welfare, General 15.35 Records and reports. 15.36 Appeals. by the United States, except any annual Administration 15.37 Effect on project funding. payment or capital loan to the District of Columbia and any Federal guarantee PART 15— RELOCATION ASSISTANCE 15.38 Advance DHEW payments. 15.39 Records.. or insurance. AND REAL PROPERTY ACQUISITION (d) Person means any individual, POLICIES Subpart E— Uniform Real Property Acquisition partnership, corporation, or association. Policy (e) Displaced person means any per­ On pages 12534 to 12540 of the F e d ­ 15.45 Acquisition policies.^ e r a l R e g is t e r of July 1, 1971, there was son who, on or after January 2, 1971, published a notice'of proposed rule mak­ Subpart A— General moves from real property, or moves his ing regarding relocation assistance and personal property from real property, as real property acquisition policies. Inter­ § 15.1 Purpose. - a result of the acquisition of such real ested persons were given until August 1, The purpose of the regulations in this property, in whole or in part, or as the 1971, to submit written comments or sug­ part is to implement the Uniform Relo­ result of the written order of the acquir­ gestions regarding the proposed regula­ cation Assistance and Real Property Ac­ ing agency to vacate real property, for a tions. quisition Policies Act of 1970 (Public Law program or project undertaken by a Fed­ No comments or suggestions having 91-646) (hereinafter referred to as the eral agency, or with Federal financial as­ been received, the proposed regulations Act), and the Interim Guidelines issued sistance; or, solely for the purposes of are, with minor modifications (relating by the Office of Management and Budget, sections 202 (a) and (b) and 205 of the principally to applicability and to assur­ dated February 27, 1971. Act, as a result of the acquisition of or as a result of the written order of the ances from State agencies), adopted and § 15.2 Background. are set forth below. Simultaneously, a acquiring agency to vacate other real notice is being published in the proposed The Act establishes a uniform policy property on which such person conducts rule making section of this issue of the for the fair and equitable treatment of a business or farm operation, for such a persons who are displaced, or have their program or project. If a person moves F e d e r a l R e g is t e r inviting comments on these regulations prior to their contem­ real property taken for Federal or fed­ on or after January 2, 1971, as the result plated revision by December 31, 1971, in erally assisted programs. The need for of such a notice to vacate, it makes no order to comply as fully as practicable these policies arises from the increasing difference whether the real property is with the statutory requirements for fair­ impact of such programs as they evolved acquired before or after that date or even ness, reasonability and uniformity. to meet the needs of a growing and is actually acquired, if Federal funds are increasingly urban population. The Act used for or contribute to the cost of the Effective date. These regulations shall provides a program of relocation pay­ program or project. be effective as of the date published in the ments, advisory assistance, assurance (f) Business means any lawful activ­ F e d e r a l R e g is t e r (9-22-71). that prior to displacement there will be ity, excepting a farm operation, con­ Approved: September 15,1971. available for displaced persons compara­ ducted primarily: (1) For the purchase, ble, decent, safe, and sanitary replace­ sale, lease, or rental of personal and real E l l i o t L. R ic h a r d s o n , ment housing, economic adjustments, property, or for the manufacture, proc­ Secretary of Health, and other assistance to owners and ten­ essing, or marketing of products, com­ Education, and Welfare. ants displaced from their homes, farms, modities, or any other personal property; Subpart A— General and places of business. A uniform pol­ (2 ) for the sale of services to the public; Sec. icy is established on the real property ac­ (3) by a nonprofit organization; or (4) 15.1 Purpose. quisition practice for all Federal and fed­ solely for the purposes of section 2 0 2 (a) 15.2 Background. erally assisted programs. of the Act, for assisting in the purchase, 15.3 Effective date. § 15.3 Effective date. sale, resale, manufacture, processing, or 15.4 Definitions. marketing of products, commodities, 15.5 Applicability. Payments prescribed in this procedure 15.6 Categorical exceptions. personal property, or services by the erec­ shall be provided to all persons eligible tion and maintenance of an outdoor ad­ Subpart B-— Assurance of Adequate Replacement on and after January 2, 1971, but, prior vertising display or displays, whether or Housing Prior to Displacement to July 2, 1972, in the case of a State not such display or displays are located 15.10 Determination.' agency, only to the extent that the State on the premises on which any of such 15.11 Housing provided as a last resort. agency can comply under State laws. The activities are conducted. 15.12 Loans for planning and preliminary procedures in this part, exclusive of pay­ (g) Farm operation means any activ­ expenses. ments, are effective'fimmediately, except insofar as a State agency is unable to ity conducted solely or primarily for the Subpart C— Moving and Related Expenses comply fully with all provision hereof. production of one or more agricultural 15.17 Actual reasonable expenses in moving. These procedures will become fully effec­ products or commodities, including tim­ 15;18 Actual direct losses by business or tive in such a State as soon as it can ber, for sale or home use, which custom­ farm operation. arily produce such products or com­ 15.19 Exclusions on moving expenses and comply with all provisions of the Act, modities in sufficient quantities as to losses. but in every case after July 1, 1972. be capable of contributing materially to 15.20 Expenses in searching for replacement § 15.4 Definitions. business or farm. the operator’s support. 15.21 Payments in lieu of moving and re­ (a) State means any of the several (h) Mortgage means such classes of lated expenses. States of the United States, the District liens as are commonly given to secure 15.22 Replacement housing payments for of Columbia, the Commonwealth of advances on, or the unpaid purchase home owners. Puerto Rico, any territory or possession price of, real property, under the laws 15.23 Comparable replacement dwelling. of the United States, the Trust Territory of the State in which the real property is 15.24 Computation of replacement housing of the Pacific Islands, and any political located, together with the credit instru­ payment. subdivision thereof. ments, if any, secured thereby. 15.25 Replacement housing payment for tenants and certain others. (b) State agency means the National (i) Initiation of negotiation means the 15.26 Computation of replacement housing Capital Housing Authority, the District date the acquiring agency makes the first payment for displaced tenants. of Columbia Redevelopment Land Agen­ personal contact with the owner or his 15.27 Computation of replacement housing cy, or any department, agency, or instru­ representative at which the price for the payments for certain others. mentality of a State or of a political sub­ real property to be acquired is discussed. 15.28. Relocation assistance advisory serv­ division of a State, or any department, (j) Displacing agency means the Fed­ ices. agency, or instrumentality of two or more eral, State, or local agency that acquires

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 RULES AND REGULATIONS 18839 the real property or gives a written no­ (c) In certain extraordinary situa­ and discounts. Criteria, guidelines and tice to a person to vacate the real tions where immediate possession of real procedures for this section will be issued property. property is of crucial importance, the by the Secretary of Housing and Urban (k) Secretary, as used in the regula­Secretary may waive the requirements Development. tions of this part, means the Secretary of paragraph (a) of this section. Re­ of Health, Education, and Welfare. quests for such a waiver must be sub­ Subpari C— Moving and Related stantially documented and supported by Expenses § 15.5 Applicability. sufficient documentation to show the § 15.17 Actual reasonable expenses in Title II of the Act, relating to reloca­ necessity for such a waiver. moving. tion payments and assistance, applies to (d) A decent, safe, anq sanitary dwell­ all projects of the Department of Health, ing is one which is found to be in sound, (a) Tobe allowed. (1) Transportation Education, and Welfare involving the clean and weathertight condition, and of individuals, families, and personal displacement on or after January 2, 1971 which meets local housing codes. The property, including storage, to the re­ of an owner or tenant of real property. Secretary will consider the following placement site, not to exceed a distance The policies enunciated in Title II of the criteria in determining whether a dwell­ of 5 miles, except when the Secretary Act also apply to any program or project ing unit is decent, safe, and sanitary. Ad­ determines that relocation beyond the of a State agency (as that term is defined justments may only be made in the cases 50-mile area is justified. in § 15.4) for which financial assistance is of unusual or unique geographical areas (2) Packing and crating of personal otherwise made available from the De­ or circumstances: property. partment of Health, Education, and Wel­ (1) A housekeeping unit must include (3) Advertising for packing, crating, fare to pay all or a part of its cost and a kitchen with fully usable sink; a stove, and transportation when the Secretary which will result, or has resulted on or or connections for same; a separate determines that such advertising is after January 2, 1971, in the displace­ complete bathroom; hot and cold run­ desirable. ment of an owner or tenant of real prop­ ning water in both the bath7 and the (4) Storage of personal property for a erty. Title HI of the Act, relating to real kitchen; an adequate and safe wiring period generally not to exceed 6 months property acquisition policies, applies to system for lighting and other electrical when the Secretary determines that stor­ real property acquisitions by the Depart­ services; and heating as required by cli­ age is necessary in connection with ment of Health, Education, and Wel­ matic conditions and local codes. relocation. fare. Those policies also apply to any (2) A nonhousekeeping unit is one (5) Insurance premiums covering loss program or project of a State agency (as which meets local code standards for and damage of personal property while that term is defined in § 15.4) for which boarding houses, hotels, or other congre­ in storage or transit. financial assistance is made available gate living. If local codes do not include (6 ) Removal, reinstallation, and re­ from the Department of Health, Educa­ requirements relating to space and sani­ establishment of machinery, equipment, tion, and Welfare to pay all or part of tary facilities, standards will be subject appliances, and other items not acquired its cost and which will result, or has re­ to the approval of the Secretary. as real property, including reconnection sulted on or after January 2, 1971, in the (3) Occupancy standards for replace­ of utilities, which do not constitute an acquisition of real property by that ment housing must comply with local improvement (except when required by agency. codes or, in the absence of local codes, law) to the replacemént site, and which were not acquired by the Department. § 15.6 Categorical exceptions. the requirements of the Secretary. (4) A dwelling unit meeting the phys­ Prior to payment of any expenses for The mandatory requirements of the ical and occupancy standards stated removal and reinstallation of such prop­ Act do not apply to programs or proj­ above will be considered as suitable re­ erty, the displaced person will be re­ ects of private entities. placement housing only when it is reason­ quired to agree in writing that the ably convenient to such community fa­ property is personal and that the Secre­ Subpart B— Assurance of Adequate cilities as schools, stores, and public tary is released from any payment for Replacement Housing Prior to Dis­ transportation. the property. placement (e) Where local housing codes do not (7) Personal property lost, stolen, or damaged (not caused by the fault or § 15.10 Determination. exist or do not contain certain minimum standards, the Secretary will prescribe negligence of the displaced person, his (a) DHEW agencies may not proceed the standards. agent or employees) in the process of with the phase of any project, or author­ moving, when insurance to cover such ize a State agency to proceed with the § 15.11 Housing provided as a last resort. loss or damage is not available. Phase of any project, which will cause The Secretary will provide replace­ (8 ) Such other expenses as are de­ the displacement of any person until it ment housing for Federal projects when termined by the Secretary to be has determined, or received satisfactory it is determined that the required hous­ reasonable. assurance from the displacing agency, ing cannot otherwise be made available. (b) Limitations. (1) When- the dis­ that within a reasonable period of time Criteria, guidelines, and procedures to placed person accomplishes the move prior to displacement, there will be avail­ implement this section will be issued by himself, the amount paid for the move able on a basis consistent with the re­ the Secretary of Housing and Urban shall not exceed the estimated cost of quirements of title VIII of the Civil Development. moving commercially. Rights Act of 1968 (Public Law 90-284), (2) When an item of personal prop­ in areas not generally less desirable in § 15.12 Loans for planning and prelim­ erty which is used in connection with any regard to public utilities and public and inary expenses. business or farm operation is not moved commercial facilities and at rents or The Act provides for seed money loans but sold and promptly replaced with a Prices within the financial means (in­ for planning and obtaining federally in­ comparable item, reimbursement will not cluding supplements provided by law) sured mortgage financing to stimulate exceed the replacement cost minus the of the families and individuals displaced, the construction and rehabilitation of proceeds received from the sale, or the decent, safe, and sanitary dwellings, as sale and rental housing to meet the needs cost of moving, whichever is less. described in paragraph (d) of this sec\ of displaced families and individuals. (3) When personal property used in tion, for, and available to, the number Loans may be made to nonprofit, limited- connection with any business or farm of such displaced persons who require dividend, or cooperative organizations, operation to be moved is of low value and such dwellings and reasonably accessible and to public bodies, for not more than high bulk, and when the cost of moving to their places of employment. 80 percent of the reasonable expenses, would be disproportionate in relation to (b) This determination or assurance prior to construction, for such activities the value, in the judgment of the Secre­ shall be based on a current survey and as preliminary surveys and analyses of tary, the allowable reimbursement for analysis of available replacement hous­ market needs, preliminary site engineer­ the expense of moving the personal prop­ ing by the displacing agency. Such survey erty will not exceed the difference be­ ing and architectural fees, site title tween the amount which would have been and analysis must take into account searches and appraisals, application and received for such item on liquidation and the competing demands on available mortgage commitment fees and charges, the cost of replacing it with a com­ housing. legal fees, and construction loan fees parable item available on the market.

FEDERAL REGISTER, VOL. 36, NO. T84— WEDNESDAY, SEPTEMBER 22, 1971 18840 RULES AND REGULATIONS This provision will be applicable in the tained by the individual State highway origin and consistent with the require­ case of moving of junk yards, stockpiled departments or such other schedules as ments of title VIII of the Civil Rights sand, gravel, minerals, metals and simi­ the Secretary may recognize, shall be Act of 1968. lar type items of personal property. current and shall provide for adequacy (d) In areas not generally less desir­ of reimbursement in every locality. able than the dwelling to be acquired in § 15.18 Actual direct losses by business (b) Business—(1) Eligibility. To beregard to: or farm operation. eligible for payment, the business being (1) Public utilities. When the displaced person does not considered must contribute materially to (2) Public and commercial facilities. move personal property, he will be re­ the income of the displaced owner. This (e) Reasonably accessible to the relo- quired to make a bona fide effort to sell standard eliminates those part-time catee’s place of employment. it. - family occupations which do not con­ (f) Available on the market to the (a) When personal property is sold tribute materially to a displaced person’s displaced person. and the business or farm operation re­ income. (g) Within the financial means, con­ established, the displaced person is en­ (2) Loss of existing patronage. A fixedsidering subsidy payments, of the dis­ titled to payment provided for in payment may be made to a business if placed family or individual. § 15.17(b)(2). the Secretary determines (i) that the § 15.24 Computation of replacement (b) When a business or farm opera­ business cannot be relocated without a housing payment. tion is discontinued, the displaced per­ substantial loss of existing patronage and son is entitled to the difference between (ii) that the business is not part of a (a) Differential payment for replace­ the in-place value of personal property commercial enterprise having another es­ ment housing. The Secretary will deter­ used in connection therewith and the sale tablishment which is engaged in a sim­ mine the amount necessary to purchase a proceeds, or the cost of moving, which­ ilar business but which is not being comparable replacement dwelling by ever is less. acquired. The determination of loss'of either establishing a schedule or by using (c) When personal property is aban­ existing patronage will be made by the a comparative method. doned, the displaced person is entitled displacing agency only after considera­ (1) Schedule method. The Secretary to payment for the difference between tion of all pertinent circumstances, in­ will establish the reasonable acquisition the in-place value and the amount which cluding the following factors: cost for comparable replacement dwell­ would have been received from the sale (a) The type of business conducted by ings in ¿he various types of dwellings to of the item, or the cost of moving, which­ the displaced concern. be acquired and available determined on ever is less. (b) The nature of the clientele of the a current analysis of the market for each displaced concern. type of dwelling to be acquired. When § 15.19 Exclusions on moving expenses (c) The relative importance of the more than one Federal agency is causing and losses. present and proposed location to the dis­ the displacement in a community or an (a) Additional expenses incurred be­ placed business. area, the Secretary will cooperate with cause of living in a new location. (c) Farms—partial taking. In the casethe heads of the other agencies on the (b) Cost of moving structures, im­ in which an entire farm operation is not method of computing the replacement provements or other real property in displaced, the payment will be made only housing payment and will apply uniform which the displaced person reserved if the Secretary determines that the farm schedules of sale housing in the com­ ownership. met the definition of a farm operation munity or areas. (c) Improvements to the replacement prior to the displacement and that the (2) Comparative method. The Secre­ site, except when required by law. remaining property is no longer eco­ tary may determine the price of a com­ (d) Interest on loans to cover moving nomically operable. parable replacement dwelling by select­ expenses. ing a dwelling or dwellings.most repre­ (e) Loss of goodwill. § 15.22 Replacement housing payments sentative of the dwelling unit acquired, (f ) Loss of profits, for home owners. available to the displaced person, and (g) Loss of trained employees. (a) A displaced owner-occupant is meeting the definition of comparable re­ eligible for a replacement housing pay­ placement dwelling. Asking prices are to (h) Personal injury. ment if he meets the following require­ be adjusted to reflect the market sale ex­ (i) Cost of preparing the application ments: perience. A single dwelling will be used for moving and related expenses. (1) Actually ownership and occupancy only when additional comparable dwell­ (j) Modification of personal property of the acquired dwelling for not less ings are not available. to adapt it to the replacement site, ex­ than 180 days prior to the initiation of (3) Alternate to subparagraphs (I) and cept when required by law. negotiations for the property. (2 ) of this paragraph. When neither (k) Such other items as the Secretary (2) Relocation and occupancy in a de­ method is feasible the Secretary will determines should be excluded. cent, safe, and sanitary dwelling occurs compute the amount of the payment. within a 1 -year period from the date on (4) Limitations. The amount estab­ § 15.20 Expenses in searching for re­ which he was required to move. lished as the differential payment for the placement business or farm. (3) The displacing agency, which will replacement housing sets the upper limit (a) To be allowed. (1) Travel costs. also process the relocation, inspects the of this payment. To qualify for the full (2) Extra costs for meals and lodging. replacement dwelling and determines amount the displaced person must pur­ (3) Cost of searching, at the rate of that it meets the standards for . decent, chase and occupy a decent, safe, and the displaced person’s salary or earnings safe, and sanitary housing. sanitary dwelling equal to or higher in but not in excess of $10 per hour. (b) A displaced owner-occupant who price than the acquisition price of the (4) Brokerage or realtor fees to locate is determined to be ineligible under this acquired dwelling. a replacement business or farm opera­ section may be eligible for a replacement (i) If the displaced person voluntarily tion under approved circumstances. housing payment under § 15.35. purchases and occupies a decent, safe, and sanitary dwelling at a price less than § 15.23 Comparable replacement dwells (b) Limitation. Thé total amount that established under subparagraph (2) which a displaced person may be paid ing. of this subparagraph, the comparable re­ for searching expenses shall not exceed A comparable replacement dwelling is placement housing payment will be re­ $500, unless the displacing agency de­ one which is: duced to that amount required to pay the termines that a greater amount is jus­ (a) Decent, safe, and sanitary. difference between the acquisition price tified on the basis of the circumstances (b) Functionally equivalent and sub­ of the acquired dwelling and the actual involved. stantially the same as the acquired dwell­ purchase price of the replacement § 15.21 Payments in lieu of moving and ing with respect to: dwelling. related expenses. (1) Number of rooms. (ii) If the displaced person voluntarily (a) Dwellings—schedules. The Act (2) Area of living space. purchases and occupies a decent, safe, provides that agencies may pay a moving (3) Age. and sanitary dwelling at a price less than expense allowance based on established (4) State of repair. the acquisition price of the acquired schedules. Such schedules shall be based (c) Open to all person regardless of dwelling, no differential payment shall on moving allowance schedules main­ race, color, religion, sex, or national be made. FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 RULES AND REGULATIONS 18841 (b) Interest payment. The interest types of dwellings to be acquired and (e) Other payment. If the displaced payment will be based on the current available on the private market. The person cannot be paid or payment com­ cost of the interest differential includ­ payment should be computed by deter­ puted under paragraph (b) of this sec­ ing points paid by the purchaser on the mining the amount necessary to rent a tion, payment should be computed as amount refinanced but not exceeding the comparable replacement dwelling for 4 provided under § 15.27. amount of the unpaid debt for its re­ years (the average monthly cost from § 15.27 Computation of replacement maining term at the time of acquisition the schedule) and subtracting from such housing payments for certain others. of the real property. amount 48 times the average month’s (c) Incidental expenses. (1) Reim­ rent paid by the displaced tenant in the (a) A displaced owner-occupant who bursable incidental expenses are the last 3 months prior to initiation of nego­ is not eligible under § 15.22 because he amounts necessary to reimburse the tiation if such rent was reasonable. The elects not to purchase a replacement homeowner for actual costs incurred by schedule will be based on a current dwelling but who wishes to rent may re­ him incident to the purchase of the re­ analysis of the market for each type of ceive a rental replacement housing pay­ placement dwelling such as: dwelling required. When more than one ment not in excess of $4,000. The pay­ (1) Legal, closing, and related costs Federal agency is causing the displace­ ment will be computed in the manner including title search, preparing convey­ ment in a community or an area, the prescribed in § 15.26(a) with the follow­ ance contracts, notary fees, surveys, pre­ Secretary will cooperate on the method ing additional criteria: paring drawings of plats, and charges in­ for computing the replacement housing (1) The present rental rate for the ac­ cident to recordation. payment and will use uniform schedules quired dwelling will be economic rent as (ii) Lenders’, FHA or VA, appraisal of average rental housing in the com­ determined on the basis of market data, fees. munity or area. and (iii) FHA application fee. (2) Comparative method. The Secre­ (2) The payment may not exceed the (iv) Certification of structural sound­ tary will determine the average month’s amount which he would have received ness when required by lender, FHA or VA rent by selecting one or more dwellings had he elected to receive a replacement (v) Credit report. most representative of the dwelling unit housing payment under § 15.22. (vi) Title policies or abstracts of title. acquired, which is available to the dis­ (b) A displaced owner-occupant who (vii) Escrow agent’s fee. placed person and meets the definition does not qualify for a replacement hous­ (viii) State revenue stamps or sale or of a comparable replacement dwelling ing payment under § 15.22 because of the transfer taxes. as described in § 15.24. The payment will 180-day occupancy requirement and (2) No fee, cost, charge, or expense is be computed by determining the amount elects to rent is eligible for a rental re­ reimbursable which is determined under necessary to rent a comparable replace­ placement housing payment net in excess the Truth in Lending Act, title I of Public ment dwelling for 4 years and subtract­ of $4,000. The payment will be computed Law 90-231 and Regulation “Z” issued ing from such amount 48 times the aver­ in the same manner as shown in § 15.26 pursuant thereto by the Board of Gov­ age month’s rent prior to initiation of except that the present rental rate for ernors of the Federal Reserve System (12 negotiations, if such rent was reasonable. the acquired dwelling will be economic CFR Part 226), to be a part of the ( 3 ) Exceptions. The Secretary may es - rent as determined on the basis of market finance charge. tablish the average month’s rent by data. § 15.25 Replacement housing payment using more than 3 months, if he deems (c) A displaced owner-occupant who for tenants and certain others. it advisable. If rent is being paid to' the does not qualify for a replacement hous­ displacing agency, économie rent shall ing payment under § 15.22 because of the (a) A displaced tenant or owner-occu­ 180-day occupancy requirement and pancy of less than 180 days is eligible be used in determining the amount of the payment to which the displaced ten­ elects to purchase a replacement dwell­ for a replacement housing payment if ing is eligible for a replacement housing he meets both of the following ant is entitled. (4) Alternate to subparagraphs (1) down payment and closing costs not in requirements: excess of $4,000. The payment will be (1) Actually occupied the dwelling for and (2) of this paragraph. When neither method is feasible, the Secretary will computed in the same manner as shown not less than 90 days prior to the initia­ in § 15.26(b) . tion of negotiations for the property. apply appropriate and reasonable cri­ Tenants and other persons occupying teria for computing the payment. § 15.28 Relocation assistance advisory the property will be advised when nego­ (5) Disbursement of rental replace­ services. ment housing. All rental replacement tiations for the property are initiated The Secretary through contracting with the owner thereof. housing payments in excess of $500 will be made in four equal annual install­ with other Federal agencies or State or (2 ) Rented and occupied a decent, ments. Before making each installment local agencies shall provide a relocation safe, and sanitary dwelling within the payment, the displacing agency must assistance advisory program that will: 1-year period from the date on which verify that the tenant is in decent, safe, (a) Determine the needs of displaced he was required to move. and sanitary housing. persons and business concerns for relo­ (b) An owner-occupant otherwise eli­ (b) Purchases—replacement housingcation assistance. gible for a payment under § 15.22 who payment. If the tenant elects to pur­ (b) Provide durent, complete, and rents instead of purchasing a replace­ chase instead of renting, the payment continuing information on the availabil­ ment dwelling is eligible for replacement will be computed by determining the ity of suitable relocation resources, both housing as a tenant. amount necessary to enable him to make residential and commercial. a downpayment and to cover incidental (c) Assure that suitable replacement § 15.26 Compulation of replacement housing units will be available, prior to housing payment for displaced expenses on the purchase of replacement housing. displacement, to persons displaced tenants. (§ 15.23). A displaced tenant is eligible for a (1) The downpayment shall be the (d) Assist displaced business concerns rental replacement housing payment; amount necessary to make a downpay­ in obtaining and becoming established in or, if he purchases replacement housing, dwelling. Determination of the amount necessary for such a downpayment will a suitable replacement location. be is eligible for a downpayment includ­ (e) Supply information to those dis­ ing closing costs. be based on the amount of downpayment that would be required for a conven­ placed concerning Federal and State (a) Rental replacement housing pay­tional loan. housing programs, disaster loan pro­ ment. The Secretary will determine the (2 ) Incidental expenses of closing the grams, and other Federal and State amount necessary to rent a comparable transaction are those as described in programs offering assistance to displaced replacement dwelling by either establish- § 15.24(c). persons and business concerns. !”g, I1 schedule or by using a comparative (f) Provide other advisory services to method. (3) The full amount of the downpay­ ment must be applied to the purchase displaced persons and business concerns (1) Schedule method. The Secretary price and such a downpayment and inci­ in order to minimize hardships. ill establish a rental schedule for rent- pient on a comparable replacement Additionally, relocation assistance ad­ ng comparable replacement dwellings dental costs shown on the closing state­ visory services are also to be provided to described in § 15.24 in the various ment. persons and business concerns occupying

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971 18842 RULES AND REGULATIONS property adjacent to the area where full discussion of the conclusion of legal (within the limits of available funds) to project or program activities are being inability to do so. provide Federal participation in reloca­ carried out, when it is determined that § 15.34 Grantees’ additional responsibil­ tions costs on the terms specified in sec­ they have suffered substantial economic ities. tion 211(a) of the Act. Applicants or injury as result of such activities. When grantees will be requested to certify that more than one Federal agency is involved (a) Cognizant DHEW agencies will additional applicant funds are or will be in the displacement, the Secretary may require of public grantees that affected available to cover the non-Federal por­ contract for such services with the individuals be notified in person or by tion of relocation expenses. In the event agency that will provide the maximum first class mail of the fact that they will that neither the Federal nor the non- coordination. be displaced. Federal financial resources are adequate (b) Reimbursement or participation to meet the estimated costs of relocation Subpart D— Federally Assisted by DHEW in the State agencies’ costs payments and assistance, the project Programs will be limited to those payments which must be relocated. are made to persons who have received § 15.33 Assurances from State agencies. notice to vacate or whose residence or N ote: It is unlikely that a project where construction is underway on January 2,1971, (a) The Secretary will, through the property has in fact been acquired. (c) If the displacing State agency and is thus impossible to relocate would have cognizant DHEW agency, obtain from caused displacement of persons after Janu­ State agencies applying for grants with elects to contract with any Federal, ary 2,1971. respect to programs or projects which State, local, or private agency to admin­ will result in the displacement of any ister relocation payments and assistance § 15.38 Advance DHEW payments. owner or tenant of real property, the on the displacing agency’s behalf, a copy Section 211(c) of the Act allows the following assurances: of the contract must be made a part of Secretary to advance Federal funds to (1) That fair and reasonable reloca­ the grant or loan document. Such con­ State agencies to cover the costs of re­ tion payments and assistance will be pro­ tracts must contain, in addition to the location payments or assistance if he vided to or for displaced persons as pro­ performance requirements and other determines that advance payments are vided for in Subpart C of this Part; terms, the following provisions, and must necessary for the expeditious completion be otherwise consistent with these of a program or project. Requests for (2) That relocation assistance pro­ regulations. grams offering the advisory services de­ application of this provision to individual scribed in § 15.28 will be provided to such (1) That payments or services will be projects will be evaluated by the Secre­ displaced persons; and provided in accordance with DHEW tary in terms of the time considerations, regulations. methods being used by the displacing (3) That, as provided for in Subpart (2) That records required by DHEW agency to finance the project or pro­ B of this Part, within a reasonable period regulations will be retained for a period gram, and whether the relocation assist­ of time prior to displacement, decent, of at least 3 years and shall be available ance is being rendered direct or by safe, and sanitary housing will be avail­ for inspection by representatives of the contract. able to such displaced persons. Federal Government. § 15.39 Records. (b) The Secretary will, through the (3) That there will be compliance with cognizant DHEW agency, obtain from the clauses prescribed by DHEW regula­ The displacing agency must keep care­ each State agency applying for a grant tions (Part 80 of this subtitle) imple­ ful and complete records of all relocation with respect to a program or project menting Title VI of the Civil Rights Act payments made and relocation assistance which will result in the acquisition of real of 1964 (Public Law 88-352). furnished on and after January 2, 1971, property an assurance that the agency including a record of notifications made acquiring real property will be guided, § 15.35 Records and reports. to persons and business concerns dis­ to the greatest extent practicable under The displacing agency shall maintain placed and to be displaced. Detailed ac­ State law, by the policies prescribed in and submit such reports and records as counting instructions, the relocation Subpart E of this Part and will pay the may be prescribed by the Secretary. reporting system, and related informa­ owner of real property his necessary ex­ tion will be issued later. penses in connection with the transfer § 15.36 Appeals. Subpart E— Uniform Real Property of title or litigation expenses in the event The non-Federal displacing agency the property is not finally acquired. shall establish procedures consistent with Acquisition Policy (c) The State agency assurances will State and local law for the review of § 15.45 Acquisition policies. be accompanied by a statement in which appeals under this procedure. it specifies any provision of the assur­ The Secretary will establish an amount ances required by paragraph (a) and § 15.37 Effect on project funding. which he believes to be just compensa­ tion for the acquisition of pertinent real (b) which it is unable to provide, in whole (a) DHEW program officials will im­ or in part, under its laws or as to which property. When negotiations are initi­ mediately notify public agencies who may ated, the owner of such real property its laws require payments which it be­ be preparing project applications that lieves have substantially the same pur­ will be provided with a written state­ relocation payments and services will be ment of, and summary of the basis for, pose and effect as the relocation pay­ an eligible project expense. Applications ments and assistance provided for herein. the amount estimated as the just com­ must contain an estimate of the total pensation. The summary statement of In the event that a State agency main­ cost of relocation assistance and a tains that it is legally unable to provide the basis for the determination of just description of the method by which the compensation will include: all or any part of the required assur­ cost estimate was derived. (a) Identification of the real property ances, its statement shall be supported by (b) Section 211(c) of the Act requires an opinion of the chief legal officer of and the estate or interest therein to be that any existing grant or other financial acquired including the buildings, struc­ the State, or other appropriate legal offi­ assistance agreement be amended to re­ cer. The opinion shall contain a full dis­ tures, and other improvements on the flect the cost of providing payments or land as well as the fixtures considered cussion of the conclusion of legal in­ services to persons who were or will be ability to provide any part of the required displaced after January 2,1971. All exist­ to be a part of the real property. assurances. ing assisted projects or programs (b) The amount of the estimated just (d) The State agency assurances shall (regardless of the stage of completion) compensation as determined by the ac­ also state the extent, if any, to which it which are presumed to involve the ac­ quiring agency and a statement of the is unable to pay all or part of the ex­ quisition of real property will be reviewed basis therefor. penses referred to in paragraph (b) of to ascertain whether any persons were or (c) If only a portion of the property this section. In the event the State agency will be displaced after January 2, 1971. is to be acquired, a separate statement maintains that it is legally unable to pay If so, project budgets will be revised to of the estimated just compensation for such expenses, its statement shall be sup­ incorporate the estimated costs of re­ the real property interest to be acquired ported by an opinion of the chief legal location payments and services. and, where appropriate, damages and officer of the State, or other appropriate (c) If Federal funds have already been benefits to the remaining real property. legal officer. The opinion shall contain a obligated, the obligation will be increased [FR Doc.71-13889 Filed 9-21-71:8:49 am]

FEDERAL REGISTER, VOL. 36, NO. 184— WEDNESDAY, SEPTEMBER 22, 1971