FEDERAL REGISTER VOLUME 36 NUMBER 69 Friday, April 9,1971 Washington, D.C. Pages 6817-6878 P art I (Part II begins on page 6873)

Agencies in this issue— Agricultural Stabilization and Conservation Service Civil Aeronautics Board Civil Service Commission Coast Guard Commerce Department Consumer and Marketing Service Environmental Protection Agency Farmers Home Administration Federal Aviation Administration Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Federal Reserve System Food and Drug Administration Interim Compliance Panel (Coal Mine Health and Safety) Internal Revenue Service Interstate Commerce Commission Land Management Bureau * Maritime Administration National Highway Traffic Safety Administration Packers and Stockyards Administration Public Health Service Securities and Exchange Commission Treasury Department Wage and Hour Division Detailed list o f Contents appears inside.

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AGRICULTURAL STABILIZATION Notices FOOD AND DRUG AND CONSERVATION SERVICE Pesticide chemical petitions: ADMINISTRATION PPG Industries, Inc______6848 Rules and Regulations Pennwalt Corp;______6848 Proposed Rule Making Sugarcane from Hawaii; approved Phelps Dodge Refining Corp_ 6848 Controlled substances; labeling, local areas for 1970 crop ..------6821 Shell Chemical Co______6849 dispensing in emergencies, secu- * rity and accountability______6833 AGRICULTURE DEPARTMENT FARMERS HOME Enriched macaroni products with improved protein quality; iden­ See Agricultural Stabilization and ADMINISTRATION Conservation Service; Con­ tity standard; extension of sumer and Marketing Service; Rules and Regulations tim e______6835 Farmers Home Administration; Appraisal of farms and leasehold ' Notices Packers and Stockyards Admin­ interests______6821 Drugs for human use; efficacy, istration. study implementation : FEDERAL AVIATION Certain insulin preparations^_ 6842 CIVIL AERONAUTICS BOARD ADMINISTRATION Folic acid preparations, oral and Notices parenteral for therapeutic Rules and Regulations use_____ t______6843 Hearings, etc.: Levallorphan tartrate injection. 6844 Combs Airways, Inc------6846 Airworthiness directives: Food additive petitions: Gilley Airways Corp. (2 docu­ Bell helicopters______6826 Dow Chemical Co______* 6842 ments) ______— 6846-6847 Boeing airplanes______6826 Union Carbide Corp______6842 International Air Transport As­ Douglas airplanes______6827 sociation (2 documents)_ 6847, 6848 McDonnell Douglas airplanes_ 6827 HEALTH, EDUCATION, AND CIVIL SERVICE COMMISSION Proposed Rule Making WELFARE DEPARTMENT Airworthiness directive; Hawker Rules and Regulations See Food and Drug Administra­ Siddeley Aviation, Ltd., air­ tion; Public Health Service. Employee responsibilities and con- w planes ______6836 duct ______1 6874 Area high routes; designation__ 6837 INTERIM COMPLIANCE PANEL Federal airway segment; altera­ COAST GUARD tion ______6836 (COAL MINE HEALTH AND Proposed Rule Making Notices SAFETY) Albemarle and Chesapeake Canal Area offices at Fairbanks, Juneau, Notices (AIWW),Va.; drawbridge oper­ Nome, and King Salmon, Johns Creek Elkhorn Coal Corp.; ation ______6836 ' Alaska; closing______6845 opportunity for public hearing Notices regarding application for re­ Standard Oil Company of Cali­ FEDERAL HOME LOAN BANK newal permit______6858 fornia; registration of house BOARD INTERIOR DEPARTMENT flag and funnel mark______6845 Proposed Rule Making See Land Management Bureau. COMMERCE DEPARTMENT Eligibility requirements for branch office applications: INTERNAL REVENUE SERVICE See also Maritime Administration. District of Columbia savings Proposed Rule Making Notices and loan offices______;_____ 6840 Federal Savings and Loan Sys­ Income tax: Office of Public Affairs for Do­ tem ______.._____ 3____ 6839 Accounting for long-term con­ mestic and International Busi­ tracts; hearing______6830 ness," organization and func­ FEDERAL MARITIME Definitions and special rules; correction______6830 tions; revocation-______6842 COMMISSION CONSUMER AND MARKETING Notices INTERSTATE COMMERCE SERVICE Financial responsibility (oil pol­ COMMISSION lution!; certificates issued__ 6849 Proposed Rule Making Proposed Rule Making FEDERAL POWER COMMISSION Car service; distribution of box- Milk handling in certain mar­ c a fs ______6829 keting areas; hearings: Notices Notices Georgia______6830 Sim Oil Co. et al. ; hearing on and Fourth section application for Quad Cities-Dubuque and cer­ suspension of proposed changes relief______6869 tain other areas; supple­ in rates, and allowing rate Motor carriers : mental notice______6833 changes to become effective sub­ Temporary authority applica­ ject to refund______6858 tions ______1______6869 ENVIRONMENTAL p r o t e c t io n Transfer proceedings (2 docu­ AGENCY FEDERAL RESERVE SYSTEM ments)______6870, 6871 Rules and Regulations Rules and Regulations LABOR DEPARTMENT Pesticide chemical tolerances; Foreign activities of national 4 -amino-3,5,6-trichloropicolinic banks; reserves against Euro­ See Wage and Hour Division. acid ------6827 dollar borrowings______6826 (Continued on next page) 6819 6820 CONTENTS

LAND MANAGEMENT BUREAU PUBLIC HEALTH SERVICE TREASURY DEPARTMENT Rules and Regulations Proposed Rule Making See also Internal Revenue Service. Power transmission lines; en­ Biological products; standards for Rules and Regulations vironmental considerations— 6828 platelet concentrate (human) __ 6835 Standards of conduct; use of in­ toxicants ______6828 MARITIME ADMINISTRATION SECURITIES AND EXCHANGE Proposed Rule Making COMMISSION Notices Procedures for determination of Antidumping; discontinuance of operating-differential subsidy Notices investigations: for wages of officers and crews-_ 6833 National Association of Securities Microanalyzers from Japan----- 6841 Dealers, Inc.; action declaring NATIONAL HIGHWAY TRAFFIC amendments to plan to be effec­ Precision miniature and instru­ SAFETY ADMINISTRATION tive ____ !______6862 ment ball bearings from Japan______6841 Proposed Rule Making Hearings, etc.: Canadian Javelin, Ltd______6862 Sheet glass from Belgium; de­ Motor vehicle safety standards: Columbia Gas System, Inc------6862 termination of sales at not less Brake hoses and brake hose Crown Drug Co------6862 than fari value______— 6841 assemblies; correction------6839 Fund of Letters, Inc______6863 Center of gravity for truck New England Electric System— 6863 cargo and campers.------_------6837 Northeast Utilities Service Co. WAGE AND HOUR DIVISION PACKERS AND STOCKYARDS et al______6864 Pittway Corp. et al______6865 Notices ADMINISTRATION Certificates authorizing employ­ ment of full-time students work­ Notices TRANSPORTATION• DEPARTMENT 0 ing outside of school hours at Hamilton Stockyards, Inc., et al.; See Coast Guard; Federal Avia­ proposed posting of stockyards. 6841 tion Administration; National special minimum wages in re­ Hope Livestock Commission Co. Highway Traffic Safety Admin­ tail or service establishments or et al.; deposting of stockyards— 6841 istration. in agriculture______6866

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, 1970, and specifies how they are affected.

5 CFR 14 CFR 31 CFR 6828 1001______6874 39 (4 documents)______6826-6827 P roposed R ules: 33 CFR 7 CFR 39— ______- 6836 71______6836 P roposed R ules: 846— _____ — . 6821 75______- ______6837 117- — ______6836 180*9______. 6830 Proposed R ules: 21 CFR 42 CFR 1007______6833 420------— 6827 P roposed R ules: 1063______6833 P roposed R ules: 7 3 ___ ^ ______6828, 6835 1070—______6833 1 1______;______6833 1078 ______6833 16______6835 43 CFR . 6828 1079 ______6826 130------v------6833 2850 26 CFR 46 CFR 12 CFR P roposed R ules: P roposed R ules: 213-____ ^______6839 1 (2 documents)------6830 Ch. II______6833 P roposed R ules: 545— ______6839 49 CFR 556____ 6839 1033______6829 582______6840 P roposed R ules: 582b— ______6840 571 (2 documents)------6837-6839 6821

Rules and Regulations

Signed at Washington, D.C., on April 5, interprets them. The appraiser finds Title 7— AGRICULTURE 1971. value based on facts but does not create Chas. M. Cox, it. Chapter VIII-—Agricultural Stabiliza­ Acting Deputy Administrator, (b) Appraisal reports. Form FHA tion and Conservation Service State and County Operations. 422-1, “Appraisal Report (Farm Tract),” (Sugar), Department of Agriculture [FR Doc.71-4992 Filed 4-8-71;8:50 am] and Form FHA 422-3, “Map of Farm,” will be used in recording appraisals. The SUBCHAPTER F— DETERMINATION OF NbRMAL forms will be prepared in accordance YIELDS AND ELIGIBILITY FOR ABANDONMENT Chapter XVIII— Farmers Home Ad­ with instruction sheets entitled, “Direc­ AND CROP DEFICIENCY PAYMENTS tions for Preparing Form FHA 422-1, [Sugar Determination 846.3, Supp. 5] ministration, Department of Agri­ culture ‘Appraisal Report (Farm Tract)' ” and PART 846— HAWAII “Directions for Filling Out Form FHA SUBCHAPTER A— GENERAL REGULATIONS 422-3, ‘Map of Farm’ ” available at any Approved Local Areas for 1970 Crop [FHA Instruction 422.1] FHA office. When applicable Form FHA 422-2, “Supplemental Report (Irrigation, § 846.8 Approved local areas fo r the PART 1809— APPRAISALS OF FARMS 1970 crop. Drainage, Levee, and Minerals)” will be Appraisal of Farms and Leasehold prepared in conjunction with an ap­ For purposes of considering eligibility praisal. In no case will Form FHA 422-8, for abandonment and crop deficiency Interests “Appraisal Report (Nonfarm Tracts and payments of 1970-crop sugarcane, the Subpart A of Part 1809 of Chapter Small Farms),” be used to appraise a State Executive Director of the Hawaii X Vin, Title 7, Code of Federal Regula­ farm under this subpart. State Agricultural Stabilization and Con­ tions, is revised to read as follows: (c) Administrative responsibility. The servation Service Office has determined State Director will authorize qualified with respect to the local producing area Subpart A— Appraisal of Farms and Leasehold county employees to make appraisals comprising the mill unit areas of Hutch­ Sec. under this subpart. Employees must be inson Sugar Co., Ltd., and Hawaiian 1809.1 General. given intensive appraisal training to es­ Agricultural Co., generally bounded in 1809.2 Definition of values. 1809.3 Basic farm valuation principles. tablish an acceptable level of competence the upper (mauka) region by the Kau 1809.4 The three-way approach to normal before they are granted authorization to Forest Reserve, lower (makai) region by value. make appraisals. Job descriptions for the Mamalahoa Highway, coast-wise 1809.5 Normal long-time prices and costs. these employees will include appraisal towards Hilo by the Hawaiian Ranch Co., 1809.6 Making the appraisal. duties. Exceptions to this policy must lands of Kapapala, and the South Point 1809.7 Loan to holders of leasehold inter­ have prior approval of the Administrator side by Waiohinu Pali, that due to ests. (1) The State Director will designate drought, flood, storm, freeze, disease, or Authority : The provisions of this Subpart qualified members of the real estate loan insects, the actual yields of commercially A issued under sec. 339, 75 Stat. 318, 7 U.S.C. staff only to provide appraisal training. recoverable sugar from the acreages 1989; Orders of the Secretary of Agriculture, (2) An employee who has been dele­ planted to sugarcane on farms in such 29 F.R. 16210, 32 F.R. 6650. gated authority in writing to appraise area were below 80 percent of the appli­ .Subpart A— Appraisal of Farms and real estate is not authorized to approve cable normal yields either for 10 percent any real estate loan made in connection or more of the number of such farms or Leasehold Interests with property he has appraised. for 10 percent or more of the total acres § 1809.1 General. (d) Real estate improvements to be of sugarcane planted on all farms in such considered. Appraisals will be based on area. This subpart. prescribes the policies and procedures of the Farmers Home the farm as developed. Appraisals will Statement of bases and considerations. Administration (FHA) for appraisal of reflect value of existing improvements One of the conditions of eligibility of a farms securing Farm Ownership (FO) and those included in the development sugarcane producer in Hawaii for an loans, Soil and Water (SW) loans to in­ plan. acreage abandonment or crop deficiency dividuals, Land Conservation and De­ § 1809.2 Definition of values. Payment is that the farm of such pro­ velopment (LCD) loans, Labor Housing ducer is located in a local producing area (LH), and Rural Housing (RH) loans There are different kinds of values in which the State Executive Director of used in farm appraisals which must be other than nonfarm tracts or small considered in arriving at the rec­ the Hawaii State Agricultural Stabiliza­ farms. All farms, except small farms ap­ tion and Conservation Service Office de­ ommended normal value for farm praised for RH loans, will be appraised properties. termines that certain uncontrollable for their normal value under this sub­ natural conditions have caused a pre­ part. The normal agricultural value and (a) Normal value. This value is the scribed amount of damage to the sugar­ normal market value of farms will be amount a typical informed, purchaser cane crop. considered in arriving at the normal would be willing to pay -under normal The purpose of this supplement is to value. conditions and justified in paying for the give notice that a specific local producing (a) Definition of appraisal. An ap­property as improved for farming pur­ area has qualified under the require­ praisal is a determination of value based poses, home advantages, and other assets ments with respect to the 1970 crop of on facts which have been judiciously in­ the property may have. This assumes sugarcane and that any sugarcane pro­ terpreted to arrive at a sound conclusion that the purchaser is a willing and in­ ducer operating a farm located in such about the property. It is a written state­ formed but not anxious buyer, and the area and which is otherwise qualified seller is a willing and informed but not ment which identifies the property, ade­ a forced seller. Unless there are unusual niay apply for payment accordingly, if quately describes it and expresses an he has not already done so. opinion as to its value. The dependabil­ developments in the area that have af­ (Secs. 303, 403, 61 Stat. 930 as amended, 932; ity of the opinion is based on the thor­ fected the value of the property, or that 7 U.S.C. 1133, 1153) - will affect it in the future, normal con­ oughness and accuracy with which facts ditions may be assumed to have been Effective date: Date of publication are gathered and examined as well as the reflected in the sales price of comparable <4-9-71). skill and experience of the person who farms in the area during the most recent

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6822 RULES AND REGULATIONS

3-year period. The appraiser will rec­ (iii) Hazards and high-risk enter­ (4) General economic conditions will ommend a normal value for all farm prises. remain stable. property being appraised. In making ap­ (iv) The location of the farm with re­ (b) Location and state of develop­ praisals on farms he will consider the spect to: ment— (1) Value of property is affected normal agricultural value, the normal (a) Off-farm employment opportu­ by location in several ways, (i) The dis­ market value, and the present market nities and dependability of such employ­ tance to market and trading centers value of the property in arriving at the ment, and in which applicant will conduct his normal value. (b) Community services such as business. (b) Normal agricultural value. Theschools, churches, markets, trading cen­ (ii) Distance to the county seat or normal agricultural value of a farm is ters, and roads. principal trading center and to the domi­ the amount a typical purchaser would, (v) The condition and suitability of nant city. under usual conditions, be willing to pay buildings. (iii) Kind and condition of roads to and be justified in paying for the farm, (vi) The condition and productivity of market. as improved, for customary agricultural the land. (iv) Availability of competitive mar­ uses, including farm-home advantages, (vii) Assets such as timber, gravel, kets. ' with the expectation of receiving normal stone, or other proven minerals. (v) Accessibility of the property such net earnings from the farm. This (viii) The desirability of the property as convenienfee to schools, churches, and value is based upon agricultural assets as a home. to main highways; potential for recrea­ only and assumes an informed typical (ix) The quality and the stability of tional developments, availability, and purchaser. the surrounding community. costs of utilities, including domestic (1) The amount the purchaser would (x) The price at which comparable water. be justified in paying for a farm for properties in the area have sold. These (vi) Location value is difficult to farming purposes depends in a large prices will be adjusted to normal market measure on the basis of a formula. It measure on the earning ability of the values. can be established by analysis of sales farm. (xi) The opinion of informed people data. When location causes the property (1) In determining the earning ability who are familiar with real estate values to have more value than justified on the of a farm, the appraiser will assume that: in the area such as real estate brokers, basis of customary agricultural use, the (a) The farm will be operated by a private*and cooperative lenders, and ag­ appraiser should determine and include typical operator for the area. ricultural lenders. what he estimates the better features to (b) The cropping system used is typi­ (d) Present market value. The presentbe worth to a typical buyer. cal for the farm under consideration and market value is the amount a typical (2) State of development considera­ will maintain the anticipated productiv­ purchaser would be willing to pay and tions. Appraisers should carefully study a ity. In determining the proper cropping justified in paying for the property con­ community to note the quality of farm­ system, the appraiser will take into ac­ sidering agricultural uses and nonagri­ ing, the standard of building mainte­ count acreage allotments for the basic cultural assets the property may have. nance, and similar economic patterns. crops. It is assumed that the property would Another important factor in location is (e) Crop yields used for the farmsell for this amount with a reasonable the opportunity for off-farm employment under consideration are representative of sales effort and that the purchaser would in business or industrial areas within yields generally being obtained in the be a willing but not anxious buyer, and reasonable proximity of the property area. the seller would be a willing but not being appraised. The affect on value of (d) Approved commodity prices and forced seller. the availability of rented land as a nor­ farm expenses are employed in estimat­ (1) In determining the present marketmal situation should be considered in ing net income. * value, the appraiser will consider the making farm appraisals. (e) The property will be improved as same factors described in paragraph (c) (c) Home desirability. This is an im­ shown in Form FHA 424-1, “Develop­ of this section and § 1809.4 as they apply portant factor in farm appraisals since the farm business provides an operator ment Plan.” to present conditions rather than normal (/) The share of normal farm operat­ conditions. Present market value deter­ with an occupation and a home. An ap­ ing expenses, the cost of necessary repairs mination will be made for the acquisition praiser should consider those features and replacements customarily paid by the of individual tracts or security servicing which relate to family living and the landowner will be deducted from his for the following: satisfaction of a comfortable home. An share of income in determining net rental (i) Security servicing actions required appraiser should base his opinion on how by Subpart A of Part 1872 of this chapter. he believes the various home features of farm income. a farm will appeal to a typical pur­ (2) The appraiser will also consider (ii) Rural Renewal Loans. (iii) Emergency Loans. chaser. Home use advantages have a the value of the farm as a home and bearing on the kind of typical buyer or will take this into account along with (iv) Resource Conservation and De­ velopment Loans. operator attracted to the farm under the amount that could safely be invested consideration. This will affect the quality in the farm, based on the capitalization (v) Soil and Water Loans. (vi) Cooperative Association Loans. of management which will be assumed by of the net rental farm income in arriv­ the appraiser. The basic elements con­ ing at its normal agricultural value. (vii) Timber Development Loans. (Ap­ palachian Region only.) sidered for home use value are the house (c) Normal market value. The normal and yard, location, all weather accessibil­ market Value is the amount for which § 1809.3 Basic farm valuation princi­ ity, water and other utilities, neighbor­ a property would sell with reasonable ef­ ples. hood, churches, schools, and recreational fort under normal conditions. It is a Some of the more important principles and scenic features. Properties with value which recognizes nonagricultural and factors affecting value that should antiquated, poorly arranged and obsolete as well as agricultural assets, and is be considered in making farm appraisals buildings will have less value than im­ predicated on the long-term balance be­ are discussed as follows: proved properties. tween buyers and sellers. It is the amount (a) Fundamental assumptions. The (d) Earning power of the farm. The that a typical purchaser would be will­ following is a summary of the assump­ net earnings of a farm is the result of a ing to pay and be justified in paying for tions an appraiser must make in the ap­ number of factors working together. the farm as improved. praisal of farm property: These include the kind of crops grown, (1) In determining the recommended (1) The farm will be operated by a acreage, yields, soil types, the type and normal market value of a farm, the- ap­ typical operator. efficiency of the operation, markets ana praiser will consider: (2) The farm will be developed as the normal prices of the products, and (i) The net rental share income based planned. the cost of production, including fixed on normal prices and costs. (3) The crop yields are based on cur­ charges. Income as a factor in valuation (ii) Improvements shown on Form rent practices and present farm tech­ must be based upon a typical operation. FHA 424-1. nological methods in general use. The valuation should not be influencea

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 RULES AND REGULATIONS 6823

by the present management, except to sound and acceptable means of arriving (ill) The alternative choices for in­ the extent It is expected to affect the fu­ at normal value. The level of normal vestment will indicate a rate of return ture value of the property. A typical op­ (LON) will be the average for such 3- that can be used for a capitalization erator would be the most likely operator year period unless otherwise authorized. rate. the farm would be expected to attract The appraiser should observe, study, and (iv) When the sale price of a com­ who would conduct a farming operation record pertinent facts for as many sales parable farm has been determined and suited to the property. An appraiser of comparable property as possible. He confirmed, the rate of return can be should not assume practices which have should be certain the properties selected established by working and earnings become obsolete, but should be alert to as comparable are so similar to the prop­ statement for that farm. The net income changing types of production which may erty being appraised that a prospective thereby obtained will reflect the rate of be altering the typical operation in the purchaser would likely pay an equivalent return to the investment in the farm. If area. Yields should be estimates of the price for the farm. The objective is to the exact annual income can be ascer­ capability for the farm being appraised deduce from sale data on comparable tained from the owner, a more precise as operated by a typical farmer or property the price which the property capitalization rate can be determined. rancher. This is the production level being' appraised would attract on the Several determinations in this manner which can be assumed in the immediate market. If there is a lack of similarity can provide a good indication of a reli­ future using current farm practices and between the property being appraised and able capitalization rate for an area. A present farm technology. Appraisers the properties on which sales data is table entitled, “Work-Out Earnings should avoid the fallacy of using average being used, appropriate compensating Table on Several Sales” provides an ex­ yields for wide areas instead of a yield adjustments will have to be made. If the ample of a technique for determining the level for the specific farm. differences are numerous or pronounced, capitalization rate for an area. This table (e) Hazards and detriments. A hazard sales data on more nearly comparable is available at any FHA office. The cap­ is a feature which affects farm value be- property should be selected, Property italization rate will be determined an­ ’ cause it creates uncertainty in the farm­ selected for comparative purposes should nually, at the same time the LON is. ing operation. It causes loss or damage to include those in which the terms and determined". property or its products at irregular in­ conditions of the sale are representative (2) The rental income method will be tervals. Hazards include flooding, hail, of true sale transactions occurring in the used and appropriate adjustments made tornado, insects, or disease. The fre­ community. Form FHA 422-9, “Real for home use advantages and other agri­ quency or regularity of hazards being en­ Estate Sales Data,” will be used to record cultural features. Capitalization of the countered can best be judged by analyz­ sales information. rental share will translate farm earnings ing the occurrence and frequency of (1) Some family sales, certain contractfor the use of land and buildings into, these factors over the last few years. The sales, foreclosure, and purchase by unin­ earnings value. Using this method for all effectiveness of control measures to elim­ formed or speculative buyers may not size farms will reflect one that a typical inate or reduce frequency of flooding represent true sales transactions. These operator would adopt for the farm con­ hazards with dams, ditches, and dikes, should be closely examined and only the sidering the development planned in will be recognized. A detriment is an true sales in this group used for Form FHA 424-1. The rental income ap­ ever-present handicap which regularly or comparison. proach must be based on equitable rental permanently injures the property. Detri­ (i) The essential quality points thatterms. Studies of lease terms in each ments include weed infestations, irreg­ should be considered in comparing sales area is important to establish a fairly ular fields, highway and railroad rights- of similar properties are: Location, soil definite pattern of prevailing rental of-way which divide a farm, fumes, va­ and topography, water resources, dwell­ terms. When farm tenancy in a commu­ pors, and smoke from factories. Rundown ing, other essential buildings, allotments, nity is too low to determine typical rental buildings, noncontiguous parcels of land, proportion of cropland to total land, farm terms, the appraiser can use rental terms unsatisfactory building arrangements or layout and arrangement, general appear­ for other comparable areas with similar unattractive farm landscaping are also ance, accessibility to services and facili­ properties in estimating returns for own­ detriments.. ties, state of cultivation, woodland, ership of land and buildings. (f) Availability of other income. The pasture, urban or rural orientation, and (c) Summation approach. An indica­ availability of employment or other alternative uses. Form FHA 422-10, “Ap­ tion of value under this approach is ob­ sources of income including rented land, praiser’s Worksheet for Study of Com­ tained by adding the value of essential are important considerations in present- parable Properties,” may be used on an buildings to the normal market value of day farm appraisals. Real property optional basis since it provides a sys­ the land. Depreciation must recognize values usually reflect availability of other tematic method for considering quality functional and economic obsolescence as sources of income in a community which points of comparison in analyzing the well as physical deterioration in deter­ adds to the flexibility and utility of farm subject property in relation to properties mining building value. This approach is property. Off-farm employment oppor­ sold on the market. used for checking purposes in making the tunities often available to typical opera­ (b) Capitalization approach. An ac­appraisal. tors during periods when they are not curate estimate of earnings capitalized (1) The normal market value of land needed on their farms may enhance farm at an appropriate rate determines the will be the value of the land without value. Recognition of dependable sources earnings value. This value, generally buildings. It will include land develop­ of off-farm employment and land for known as capitalization value, is the ment of a permanent nature. A value per rent should be on a normal basis and re­ amount that a prudent investor likely acre for the land resources will be de­ flect the long-time outlook for a farm. would pay for the property based on its termined by analyzing the prices of com­ parable land for a normal period. Per § 1809.4 The three-way approach to nor­ future earnings and advantages. The mal value. capitalization rate to be used in evalua­ acre values of land can also be deter­ tion is most important. State real estate mined by adjusting present market values Farm appraisals made under this sub­ staff members will assist County Super­ part will be based to the extent applicable to normal. visors establish capitalization rates by (2) The value of buildings to a farm on a three-way approach, using: Market areas for various parts of the State. data of prices of comparable properties; (1) The following techniques can bewill be determined by an analysis of the capitalization, and; summation of all used to find capitalization rates: reproduction costs of modest and essen­ resources and facilities. This combina­ (i) Determine the rate of return re­ tial buildings and their overall attractive­ tion will provide a means of arriving at ceived on comparable or nearly compar­ ness and functional utility. The following a normal value for the full range of farm properties, which the FHA is now au­ able properties or investments. are some techniques that may be used thorized to finance. (ii) “Questioning selected informed to determine the value of buildings to (a) Market data approach. Using thefarm purchasers will also usually reveal a farm: sale prices of comparable properties sold the return investors expect from farm (i) The appraiser will estimate the re­ during the most recent 3-year period is a property. maining number of years of life in each ;

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6824 RULES AND REGULATIONS building. He will also reduce the re­ to these findings before reaching the data pertinent to conditions within his maining period of years the building will final conclusion for his recommended State. It will include such factors' as the be used when circumstances exist such normal value. His adjustments will usu­ recognized systems of farming, mainte­ as obsolescence due to undesirable design ally be for unusual location and eco­ nance costs of improvements, deprecia­ or arrangement, insect infestation, lack nomic use features not otherwise recog­ tion rates for buildings, those cost items of utility or flexibility. The estimated re­ nized, and for home use features which on which landlords typically share ex­ maining life of buildings will also be contribute to family living satisfaction penses, and any other items which will adjusted for superior or inadequate not previously reflected. After an indica­ be helpful to the appraiser. tion of value reflected by each approach maintenance. To determine a percentage § 1809.6 Making the appraisal. figure, based on the above consideration,' has been determined, the appraiser the appraiser will estimate in years the should reexamine his calculations and The method of making an appraisal original life of each essential building, the adequacy of the data analyzed in will vary under different circumstances and estimate the number of years of each approach. He should give further but a systematic pattern for analyzing useful life remaining for each essential consideration to the strong points and the property should be followed. building; he will then divide the dum­ the weakness of each approach used. As (a) County Supervisor responsibilities. ber of years determined as the original a general rule the value indiciated by the The property which will serve as security life into the number of years he has market data approach is the most reli­ for the loan will be appraised after the decided would be remaining as each able indicator of value. applicant has been found eligible and the building’s useful life. For example, if the (1) The final step is the correlation offarm and home plan indicates there is a appraiser determines a building has 20 the indications of value reflected by the good possibility a loan can be made. The years of useful life remaining and it has three approaches. The appraiser will ex­ following should be available to make the a total original life of 50 years, it has amine the spread between the minimum appraisal: 40 percent useful life remaining (20 and maximum figures. He will determine (1) A preliminary development plan to years divded by 50 years.) The construc­ which approach appears to be the most include building construction plans, land tion costs of a new, modest, and adequate reliable answer to the appraisal prob­ development, and estimates, when essential building can then be multiplied lem. He will temper this determination applicable. by this percentage figure as a means of of value by the degree of reliance to be (2) The legal description of the prop­ determining the value of the building placed on the other two indications of erty to be appraised. to the farm. value. (3) Other information needed will (ii) Form FHA 426-1, “Valuation of (e) Recommended normal value. Theinclude: Buildings,” will also serve as another appraiser’s conclusion using the three (i) A legible aerial photo or a map of source for the value of buildings. Obso­ approaches is the recommended normal the property. lescence should be applied to the depreci­ value recorded in Part 7 of Form FHA (ii) Information regarding real estate ated replacement value shown in this 422-1. taxes. form. Nonessential and extremely old § 1809.5 Normal long-time prices and (iii) Basic crop allotments and any buildings may have insurance value but costs. yields for farm if available. would not add to overall building value. (iv) Soil Conservation Service Soil The normal price level for farm prod­ Surveys, Land-Use Maps, and plans, if Such buildings would not likely be re­ ucts and the related level of farm costs placed and, therefore, would not be given available. for use in making FHA appraisals has (v) Federal Crop Insurance Corpora­ a value to the farm. been developed to reflect a level of value (iii) Dwellings should receive separate tion program information, such as crops which will be representative of the nor­ insured and premium changes. consideration in establishing value of mal agricultural value of farm property improvements to a farm since the action (4) An accumulative record of verified in the foreseeable future. sales of a sufficient number of properties, of buyers and sellers generally reflect (a) National prices and costs. The added value for attractive and functional is needed by the appraiser for each area homes within certain limits.' national level of normal average com­ of the county to provide a sound basis for (iv) Value attributable to ' buildings modity prices and costs has been estab­ using the market-data approach. Such will need to reflect: Physical deprecia­ lished on the basis of the future economic verified sales information will be recorded tion caused by use and by action of the outlook. It is based primarily on the on Form FHA 422-9. elements; functional obsolescence caused average of 1959-63 commodity prices and (i) A sufficient number of real estate by unserviceable or unattractive design levels. It was assumed in establishing sales data cards will be fully completed and poor arrangements; and, environ­ this national projected level of normal to be able to make appraisals in all parts mental obsolescence caused by nuisance prices there would be Government par­ of the unit serviced by each County Office creating surroundings. Visual appeal and ticipation in commodity programs. These for various types of property. Complete arrangement of buildings have a bearing prices also take into consideration ex­ sales information carefully analyzed and on value. The flexibility of buildings for pected future trends and such factors as properly verified on a representative alternative uses and their functional util­ population trends, national per capita number of sales in each area.is more ity are important in determining value income, farm production, and farm ex­ valuable to an appraiser than a large of buildings. ports. The national commodity prices number of unverified and unanalyzed (v) Location of farm buildings for pos­ schedule is provided in a chart entitled sales. The number of good basic sales sible farm reorganization including po­ “Long-Time Commodity Price Data,” data cards should be gradually increased. tential service as a headquarters unit, available at any FHA office. These cards need to be amended to show accessibility to markets and potential (b) State prices and costs. A State any physical changes that have taken residential value for off-farm employ­ schedule of normal farm commodity place since the date of the sale. The ap­ ment will give added value to farm prices and costs consistent with the praiser must analyze each property as it buildings. “Long-Time Commodity Price Data” existed at the time oflthe sale. The reuse chart provided in paragraph (a) of this (vi) The U.S. census reports and of recent sales information is usually section and a chart entitled “Long-Time considered most desirable. However, aH studies by other Government and private Cost Data” available at any FHA office agencies provide information which can sales data used will have to be adjusted will be included in a manner prescribed to the LON for the most recent 3-year serve as a guide in determining value of by the State Director and approved by buildings to a farm. period. County staff members should con­ the national office. If significant price tinue to accumulate sales information in (3) Other assets should be recognizeddifferences exist in marketing areas and reflected as a part of summation the regular course of business. They will within a State, or if important grade or learn about real estate sales during their value. Minerals, lakes, streams, and quality price differences exist, the State rivers are feature items in this group regular field travel which can be verified which reflect value. price schedule should reflect such and analyzed in more detail when needed (d) Normal value. The appraiser willdifferences. at a later date. Form FHA 422-9 can be consider the results of these three ap­ (1) Other appraisal data. The Stateprepared with whatever information is proaches and make needed adjustments Director will also include other appraisal obtained during the initial contact with

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 RULES AND REGULATIONS 6825 the source of such information. This will (2i _ The appraiser should become ade­ appropriate consideration to replacement assure a continuous flow of current sales quately familiar with the immediate costs and the amount the buildings have data after the system has been estab­ neighborhood in which the farm being depreciated in value. The replacement lished without requiring a special project. "appraised is located. He should observe cost is the amount required to replace (ii) County Supervisors will furnish the surrounding area sufficiently to de­ the existing building with an appropriate the State Office at the close of each cal­ termine whether any favorable or unfa­ new one serving the same general use. endar year, a list of bona fide farm sales vorable factors of the neighborhood have Depreciation includes any loss in value of showing the total sale price and total an affect on the value of the property. the building when compared with the re­ acres involved for each sale that has He should note such factors as the type placement cost. Loss in value may also be occurred during the calendar year. of farming practiced, community devel­ due to obsolescene in buildings that are Guidelines will be furnished by a regula­ opment, and the type and care given to out of style, misplaced, or do not meet tion issued by the State Office concerning buildings and land in the immediate area. the usual standards in the area. Because the number of such sales that need to be He should also obesrve the conditions of of the wide differences that exist and the furnished. The LON for broad areas will roads, community services available, and many factors involved in the evaluation then be determined for the calendar undesirable features, such as a poor loca­ of older type buildings, a comparison year by the State Director and his real tion and other related • community with the value standards of newer type estate loan staff. The adjustment factor conditions. buildings forms the most dependable for that year will be included in the (3) Before beginning his detailed ex­basis for the appraisal. The appraiser is State Office regulation by March 1 each amination of the property to be ap­ responsible for recording his evaluation year. Farm sales should be reported with­ praised, the appraiser should make a gen­ of buildings for insurance purposes on out regard to size of farm or whether eral reconnaissance of the area around Form FHA 426-1. they contain buildings. Sales information the property. After obtaining general in­ § 1809.7 Loan to holders o f leasehold on farm property sold for housing de­ formation about the community, he is in interests. velopments near large cities, industrial a position to begin his examination of parks, airfields or similar purposes should the property. After the inspection of the When it appears a loan authorized on not be included with sales data to estab­ property he should observe and analyze a leasehold interest can be made, an ap­ lish a LON. It is important statistically comparable farms in the area on which praisal of the leasehold interest will be for State staffs to have a sufficient num­ he has sales data noting differences and required. When making appraisal on a ber of sales transactions to establish a similarities of the properties as a basis leasehold interest, the following guides true LON. A large statistical sample will for comparison. will be used in determining the normal offset variances in the properties and (d) Inspecting the property. The first value of the leasehold interest. should result in a reliable level for a step in making an appraisal is to iden­ (a) Study the provisions of the lease broad area. Sales of farms in irrigated tify the property. Boundary lines should and make sure that such provisions are areas and dry land farms should be kept be checked for accuracy* with the map in accordance with FHA policy with re­ separate. or legal description furnished by the spect to mortgageability and unexpired time. (b) Preparation for the appraisal. Be­ County Supervisor. Minor discrepancies between the description and property (b) If the unexpired time of the lease­ fore going to the property to make a hold interest is for an assured period of physical inspection, the appraiser will lines can usually be reconciled sufficiently to continue the appraisal. If there are 50 or more years, the normal values will fully review all information provided and major discrepancies, boundary disputes, be determined in the same manner as also obtain any additional information and so forth, the appraisal should not be for a fee owner. However, the appraiser which he considers pertinent to the completed until the correct description will check his recommended values by appraisal. This will include the location is obtained. This is especially important comparing them with the sales price of or description, the sales price, and the in farm appraisals where essential build­ any comparable leaseholds in the area. date of sale of comparable property that ings or other improvements may be lo­ If sales of comparable leasehold interests was sold recently which is located in the cated close to property lines or in dis­ have been so infrequent in the area that area of the property to be appraised. The puted areas. such a comparison will not permit an appraisal should be delayed until a future (1) During the inspection of a farm, adequate basis for establishing the nor­ time if weather or field conditions are the appraiser should have a plat or a map mal value, the appraiser may use the such that an adequate and thorough made from an aerial photo showing the annuity method described below in mak­ inspection of the property cannot be fields and their location indicating the ing a check of his recommended value. made. Appraisals cannot always be made approximate acreage in cultivation, pas­ (c) If the unexpired term of the lease­ under ideal conditions; however, it is ture, timber, and wasteland. The hiap hold interest is for an assured period of expected that appraisers will use good should be on a large enough scale to less than 50 years, the appraiser will rec­ Judgment in individual cases in deter­ show the significant features of the farm. ommend the normal value by a com­ mining that condition^ are satisfactory He should locate the farmstead on the parison of the leasehold interest being for making a sound appraisal. map. Correct notations should also be appraised with prices, adjusted to nor­ (c) Developing general information. made as to the topography, fence lines, mal market values, that have been (1) The appraiser should be familiar with water supplies, and any special features received for comparable leaseholds in the the general area with respect to types of such as dams, gravel pits, or underpasses. area. In this connection, consideration farming, crop yields, production meth­ All of this should be shown and identified must be given to the residual value of any ods, and markets. There are a number of on the map as to their proper location improvements to which the lessee will be sources in addition to personal observa­ on the farm. entitled at the expiration of the lease. tions from which information of this type (2) The appraiser should also observe In areas where considerable demand for can be obtained. The appraiser should the type of farming being carried on by loans is expected, leaseholds sales data have a good working relationship with the present occupant and note crop should be accumulated for appraisal pur­ local businessmen, other lenders and yields, evidences indicating the poten­ poses. If the appraiser concludes that tanners in the area, representatives of tial of the farm, and any other indica­ comparable sales data do not fully sup­ other agricultural agencies operating in tions which would show the productiv­ port the value of the leasehold being the area, and local farmers. These ity of the unit. appraised, he will use the annuity sources of information are familiar with (3) The appraiser must be careful to method as an additional check of his local agricultural conditions and can pro­ avoid the mistake of permitting the man­ yalues. vide a continuing source of helpful infor­ agement of the present operator of the (1) The annuity method is a means of mation. The appraiser should be familiar property to influence his decision on calculating the value of the lease on the value since the appraisal is made on a basis of the estimated future earnings of with the general characteristics of the developed basis for a typical operator. soil types. If questions arise about a leasehold interest for the lessee. This (e) Evaluation of buildings. The value method involves a determination of the technical types, he should obtain the ad- of farm buildings is determined by care­ annual net farm income or net rental Vlce of a qualified soil technician. ful examination of each building with value, considering long-time prices and

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 No. 69—Pt. i ----a 6826 RULES AND REGULATIONS costs, that would accrue to a lessee after b. The requirements of section 553(b) Compliance required before further flight allowing for the annual payments to the of title 5, United States Code, with re­ in snow, but no later than 25 hours time in lessor by the lessee. The amount remain­ spect to notice, public participation, and service after the effective date of this airworthiness directive, unless already ing is the annual net return on the lease­ deferred effective date were not followed accomplished. hold interest to the lessee. The value of in connection with this amendment be­ To prevent power interruption caused by the lease to the lessee is determined by cause the Board found that following ingestion into the engine of snow or ice multiplying the annual net return by the such procedures with respect to this which may have accumulated in the engine appropriate factor for the number of un­ amendment would be contrary to the inlet during flight, crew notification of a expired years of the lease and the private public interest and serve no useful limitation against flight into snow must be or cooperative interest rates prevailing in purpose. ^accomplished as follows: Install a permanent type placard in full the area for long-term farm real estate By order of the Board of Governors, view of the pilot as near as possible to the loans. A table entitled “Present Value of April 1, 1971. basic limitations placard, worded as follows: $1 Per Annum” shows the factors for 5 percent, 6 percent, and 7 percent from 1 [ seal] K enneth A. K enyon, “Plight Into Palling or Blowing Snow Is to 50 years and is available at any FHA Deputy Secretary. N ot Permitted” office. The following examples will illus­ [FR Doc.71-*-4973 Piled 4-8-71;8:48 am] If approved placards are unavailable, the trate the annuity method of determining owner or operator may make and use a the value of a leasehold interest to the placard containing the above words. Letters lessee. must be at least one-eighth inch in height. (1) The annual net return to the lease­ Title 14— AERONAUTICS AND This amendment becomes effective holder is $600. The lease has an unexpired April 12, 1971. term of 40 years. .The factor for 40 years SPACE (Secs. 313(a), 601, 603, Federal Aviation Act at 6 percent is 15.046. $600x15.046= of 1958, 49 U.S.C. 1354'(a), 1421, 1423; sec. $9,027, the normal value of the lease to Chapter I— Federal Aviation-Adminis­ 6(c), Department of Transportation Act, 49 the leaseholder. tration, Department of Transportation U.S.C. 1655(c)) fit) The annual net return to the [Airworthiness Docket No. 71-SW-13; Arndt. Issued in Fort Worth, Tex., on April 1, leaseholder is $500. The lease has an un­ 39-1190] 1971. expired term of 20 years. The factor for 20 years at 6 percent is 11.470. $500 X PART 39— AIRWORTHINESS H enry L. Newman, 11.470=$5,735, the normal value of the DIRECTIVES Director, Southwest Region. lease to the leaseholder. [FR Doc.71-4968 Piled 4-8-71;8:48 am] (2) In this case, the normal value of Bell Model 206A and 206A— T the lessee’s interest will always be less Helicopters [ Airworthiness Docket No. 70-WE-24-AD; than the normal value of the property Several instances of in-flight engine Arndt. 39-1188] appraised on a fee simple title basis. flame-out have occurred during flight in PART 39—-AIRWORTHINESS Dated: April 1, 1971. snow on Model 206A helicopters utilizing a “Particle Separator, Self Purging, P/N DIRECTIVES Joseph H aspray, 206-706-201-1, or P/N 206-706-200-1,” Boeing Model 727 Series Airplanes Deputy Administrator, in the engine air induction system. In Farmers Home Administration. addition, military investigations of simi­ Amendment 39-Î048 (35 F.R. 12058), [PR Doc 71—4993 Piled 4-8-71;8:50 am] lar incidents, and actual tests on Army AD 70-15-15, provides for inspection and helicopters similar to the Model 206A-1, repair of the wing center section front also equipped with this particle separa­ spar web per the manufacturer’s Service tor, revealed that ice can accumulate in Bulletin 57-107 or an equivalent inspec­ Title 12— BANKS AND BANKING the engine inlet during flight into snow, tion and repair of the web in a manner approved by the Chief, Aircraft En­ Chapter II— Federal Reserve System and that this ice subsequently breaks free to enter the engine compressor. En­ gineering Division, FAA Western Region. SUBCHAPTER A— BOARD OF GOVERNORS OF gine flame-out and possible compressor Amendment 39-1048 does not provide for THE FEDERAL RESERVE SYSTEM damage may be expected in this event. installation of the time limited modifica­ [Reg. M] Since this condition is likely to exist tion provided in Revision 3 to the Serv­ or develop in other helicopters of the ice Bulletin. The agency has determined PART 213— FOREIGN ACTIVITIES OF same type design, an airworthiness di­ that a time limited modification as pro­ * NATIONAL BANKS rective is being issued to impose an op­ vided in Service Bulletin '57-107, is an erating limitation which prohibits flight approved modification. Therefore, the Reserves Against Eurodollar into snow on all Bell Model 206A-1 heli­ AD is being amended to provide a time Borrowings copters, and on all Bell Model 206A heli­ limited modification. 1. Effective April 1, 1971, footnote 8 tocopters equipped with Particle Separator Since this amendment provides an al­ § 213.7(a) of Regulation M is amended Kit, Self Purging, P/N 206-706-201-1, ternative means of compliance and im­ to read as follows: or P/N 206-706-200-1. poses no additional burden on any per­ son, notice and public procedure hereon 8 Including the principal amount paid by Since a situation exists that requires immediate adoption of this regulation, it are unnecessary and the amendment may a foreign branch of the member bank for be made effective upon publication in the obligations held by such branch that were is found that notice and public procedure purchased by it from the Export-Import hereon are impracticable, and good cause F ederal R egister (4-9-71). Bank of the United States pursuant to its exists for making this amendment effec­ In consideration of the foregoing, and program announced on January 15, 1971, or tive in less than 30 days. pursuant to the authority delegated to purchased by it from the U.S. Treasury pur­ me by the Administrator (31 F.R. 13697), suant to its program announced on April 1, In consideration of the foregoing, and 1971, and excluding assets representing credit pursuant to the authority delegated to § 39.13 of Part 39 of the Federal Aviation extended to persons not residents of the me by the Administrator (31 P.R. 13697), Regulations, Amendment 39-1048 (35 United States. § 39.13 of Part 39 of the Federal Aviation F.R. 12058), AD 70-15-15, is amended as 2a. The change provides a means by Regulations is amended by adding the follows: which a member bank may retain its following new airworthiness directive: Amend paragraph (D) to read: reserve-free base with respect to its Bell. Applies to all Model 206A-1 helicopters D. The special inspections prescribed by A, Eurodollar borrowings from its foreign and to all Model 206A helicopters B, and C, above, do not apply to aircraft on branches by counting within its base the equipped with Particle Separator Kit, Which: , amount of purchases by its foreign Self Purging, P/N 206-706-201-1, or 1. The front spar has been reworked to in­ branches of certain U.S. Treasury P/N 206-706-200-1, certificated in all corporate the preventative modification obligations. categories. scribed in Boeing Service Bulletin 57—l >

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 RULES AND REGULATIONS 6827

Revision J, dated June 17, 1970, or later FAA- Douglas Aircraft Co., All Operators Letter Do not arm ground spoilers prior to gear approved revision, or an equivalent modifi­ (AOL) 9-527 dated November 19, 1970, and/ extension. cation approved by the Chief, Aircraft En­ or Douglas Aircraft Division DC-9 Service This amendment becomes effective gineering Division, FAA Western Region, pro­ Bulletin No. 25-118 dated August 27, 1968, vided that the spar web was inspected at the or later FAA-approved revisions. If rivets of April 13, 1971. same tim e in accordance with A, above, and less than one-eighth-inch diameter are in­ (Secs. 313(a), 601, 603, Federal Aviation Act found to be uncracked, or that any crack stalled, they must be replaced with MS of 1958, 49 U.S.C. 1354(a), 1421, 1423; see. 6 in the web had been properly repaired in ac­ 20470AD4 (one-eighth-inch diameter) rivets

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6828 RULES AND REGULATIONS tolerances established by this order will subdivision on Rules of Conduct in its transmission lines on airspace, particu­ protect the public health. Standards of Conduct for Treasury em­ larly in the vicinity of airports be con­ Therefore, pursuant to the provisions ployees. This amendment will bring the sidered. Two comments opposed the reg­ of the Federal Food, Drug, and Cosmetic Department’s regulations on the use of ulations. One other comment suggested Act (sec. 408(d)(2), 68 Stat. 512; 21 intoxicants into closer conformity with that the regulations be amended to allow U.S.C. 346a(d) (2) ), the authority trans­ the regulations of certain other Execu­ for modification of the project where ferred to the Administrator (35 F.R. tive departments and of the Civil Service beneficial purposes and effects of the 15623), and the authority delegated by Commission. project are outweighed by an adverse the Administrator to the Commissioner The Department finds that notice and environmental impact. or Acting Commissioner of the Pesticides public procedure on this amendment are The comments and suggestions re­ Office of the Environmental Protection not necessary under 5 U.S.C. 553 since ceived were given due consideration, and agency (36 F.R. 1228) Part 420 is this amendment relates exclusively to the changes have been made to provide amended by adding a new section in agency personnel. that: (1) Required information about Subpart C as follows: Section 0.735-42 is amended by delet­ the project includes the effect on air­ § 420.292 4-amino-3,5,6-trichloropico- ing the last sentence of that section, space. (2) “Environmental Criteria for linic acid; tolerances for residues. causing that section to read as follows: Electric Transmission Lines,” a joint publication of the Departments of Agri­ Tolerances are established for residues § 0.735—42 Use o f intoxicants. of the herbicide 4-amino-3,5,6-trichloro- culture and the Interior shall be used by picolinic acid from its application in the Employees must refrain from using in­ the applicant in the design and construc­ acid form, or in the form of its potassium, toxicants habitually to excess or in any tion of the project. (3) Whenever the ap­ triethylamine or triisopropanolamine way which adversely affects their work plication cannot be approved as pro­ salts expressed as 4-amino-3,5,6-tri- performance (5 U.S.C. 7352)... posed, the authorized officer will, when­ chloropicolinic acid in or on raw agri­ ever possible, suggest alternatives or (E.O. 11222, May 8, 1965, 18 U.S.C. 201 note; modifications which if adopted by the cultural commodities as follows: 5 CPR 735.104) 80 parts per million in or on forage applicant would make the application grasses. This amendment to Part 0 was ap­ acceptable- 5 parts per million in the kidney of proved by the Civil Service Commission The proposed amendment is hereby cattle, goats, and sheep. on March 24, 1971. adopted as set forth below. This amend­ 0.5 part per million in the liver of cat­ ment shall become effective on publica­ tle, goats, and sheep. Effective date. This amendment shall tion in the F ederal R egister (4-9-71). 0.2 part per million in the meat, fat, become effective immediately upon Section 2851.2-1 (c) is amended by add­ and meat byproducts (other than publication in the F ederal R egister ing a subparagraph (6) to read as kidney and liver) of cattle, goats, (4-9-71). follows: and sheep. Dated: April 5, 1971. § 2851.2—1 Applications. 0.05 part per million (negligible resi­ * * * * * due) in milk. [seal] Ernest C. B etts, Jr., (c) * * * Any person who will be adversely af­ Assistant Secretary for Administration. (6) (i) A detailed description of the fected by the foregoing order may at any environmental impact of the project time within 30 days after its date of pub­ [FR Doc.71-4997 Filed 4-8-71;8:50 am] shall be included with the application. lication in the F ederal R egister file with It shall provide, among other things, in­ the Objections Clerk, Environmental formation about the impact of the proj­ Protectiqn Agency, 1626 K Street NW., ect on airspace, air and water quality, Washington, D.C. 20460, written objec­ Title 43— PUBLIC LANDS: scenic and esthetic features, historical tions thereto in quintuplicate. Objections and archeological features, and wildlife, shall show wherein the person filing will fish, and marine life. be adversely affected by the order and INTERIOR specify with particularity the provisions (ii) The proposed site, design, and Chapter II— Bureau of Land Manage­ construction of the project shall be con­ of the order deemed objectionable and ment, Department of the Interior the grounds for the objections, if a hear­ sistent with the “Environmental Criteria ing is requested, the objections must state SUBCHAPTER B— LAND RESOURCE MANAGEMENT for Electric Transmission Lines,” pre­ the issues for the hearing. A hearing will (2000) scribed jointly by the Secretary of the be granted if the objections are sup­ [Circular No. 2282] Interior and the Secretary of Agricul­ ported by grounds legally sufficient to ture,- as well as such other environmental justify the relief sought. Objections may PART 2850— POWER TRANSMISSION critera and guidelines as the Department be accompanied by a memorandum or LINES shall from time to time prescribe. “En­ brief in support thereof. vironmental Criteria for Electric Trans­ Environmental Considerations mission Systems” is available from the Effective date. This order shall become Superintendent of Documents, U.S. Gov­ effective on its date of publication in the On page 18399 of the F ederal R egister ernment Printing Office, Washington, Federal R egister (4-9-71). of December 3,1970, there was published D.C. 20420. (Sec. 408(d)(2), 68 Stat. 512; 21 U.S.C. a notice and text of a proposed amend­ (iii) If all other requirements are met, 346a(d)(2)) ment to Subpart 2850 of Title 43, Code of the application may be approved if it is Dated: March 26,1971. Federal Regulations. The purpose of the determined that the beneficial purposes R. E. J ohnson, amendment is to require applicants for and effects of the project wil not be out­ Acting Commissioner, power transmission line rights-of-way weighed by an adverse environmental Pesticides Office. across public lands to submit an environ­ impact. If the authorized officer deter­ [PR Doc.71-4942 Filed 4-8-71;8:45 am] mental impact statement of the project mines that the application cannot be ap­ with the application. It also requires that proved as proposed, he will, whenever Title 31— MONEY AND the authorized officer consider the en­ possible, suggest alternative routes or vironmental impact in connection with methods of construction, or other modi­ FINANCE: TREASURY such applications. fications which if adopted by the appli­ cant would make the application Subtitle A— Office of the Secretary Interested persons were given 60 days within which to submit comments, sug­ acceptable. PART 0— STANDARDS OF CONDUCT gestions, or objections to the proposed R ogers C. B. M orton, Secretary of the Interior. Use of Intoxicants amendment. Four comments were re­ The Department of the Treasury has ceived. One comment endorsed the regu­ A pril 5, 1971. determined to amend a section of the lations and suggested that the impact of [FR Doc.71-4955 Filed 4-8-71;8:46 am]

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 RULES AND REGULATIONS 6829

boxcars which are listed in the registra­ Farland, or successive issues thereof, un­ Title 49— TRANSPORTATION tion of the specific railroads named der the heading “Freight Connections herein in the Official Railway Equipment and Junction Points.” Chapter X— Interstate Commerce Register, ICC R.E.R. 378, issued by (8) In using plain boxcars owned by Commission E. J. McFarland, or successive issues railroads not listed in subparagraph (1) SUBCHAPTER A— GENERAL RULES AND thereof as having mechanical designa­ of this paragraph, the railroads named REGULATIONS tion XM, with inside length of 40 feet therein shall restrict the use of such cars or longer and less than 50 feet and to traffic destined to a station closer to [Rev. S.Ó. 1064] equipped with side doors 9 feet or wider, the car owner than the station at which PART 1033— CAR SERVICE or with inside length 50 feet or longer the car was last loaded, or to traffic and less than 70 feet regardless of door routed via the lines of the car owner. Distribution of Boxcars width, which bear the identification <9) In determining distances to the At a session of the Interstate Com­ marks shown: car owner from points of loading or un­ merce Commission, Railroad Service Burlington Northern Inc., identification loading, tariff distances applicable via Board, held in Washington, D.C., on the marks—BN, CBQ, GN, NP, SPS. the lines of the carriers obligated under 31st day of March 1971. Chicago, Milwaukee, St. Paul and Pacific Car Service Rules 1 and 2 to move the It appearing, that an acute shortage Railroad Co., identification marks—Milw. car shall be used. Southern Pacific Transportation Co., identi­ (10) No common carrier by railroad of plain boxcars with inside length of fication marks—SP. 40 feet or longer and less than 50 feet, subject to the Interstate Commerce Act equipped with side doors 9 feet or wider (2) Plain boxcars described in sub- shall accept from shipper any loaded or of plain boxcars with inside length paragraph (1) of this paragraph include boxcar for movements contrary to the 50 feet or longer and less than 70 feet, both plain boxcars in general service provisions of subparagraph (3) or (5) of regardless of door width, exists through­ and plain boxcars assigned to the ex­ this paragraph. out the United States; that shippers are clusive use of a specified shipper. (b) Application. The provisions of this being deprived of such cars required for (3) Except as otherwise provided in order shall apply to intrastate, interstate, loading creating great economic loss and subparagraph (5) of this paragraph, and foreign commerce. resulting in a severe emergency; that boxcars described in subparagraph (1) (c) Effective date. This order shall be­ present rules, regulations, and practices of this paragraph may be loaded to sta­ come effective at 12:01 a.m., April 5,1971. with respect to the use, supply, control, tions on the lines of the owning railroad, (d) - Expiration date. This order shall movement, distribution, exchange, inter­ or to any other station which is closer expire at 11:59 p.m., June 30,1971, unless change, and return of such boxcars to to the owner than the station at which otherwise modified, changed, or sus­ the owning railroads are ineffective; and loaded. After unloading at a junction pended by order of this Commission. that orders issued by the Association of with the car owner, such cars shall be (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, American Railroads to promote more delivered to the car owner at that junc­ 384, as amended; 49 U.S.C. 1, 12, 15, and equitable distribution have proved in­ tion, either loaded or empty. 17(2). Interprets or applies secs. 1(10-17), effective. It is the opinion of the Com­ (4) Boxcars described in subparagraph 15(4), and 17(2), 40 Stat. 101, as amended, (1) of this paragraph shall not be back- 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and mission that an emergency exists requir­ 17(2)) ing immediate action to promote car hauled empty from a junction with the service in the interest of the public and car owner. It is further ordered, That a copy of the commerce of the people. Accordingly, (5) Boxcars described in subparagraph this order and direction shall be served the Commission finds that notice and (1) of this paragraph located at a point upon the Association of American Rail­ public procedure are impracticable and other than a junction with the car owner roads, Car Service Division, as agent of contrary to the public interest, and that shall not be backhauled empty, except all railroads subscribing to the car serv­ good cause exists for making this order for the purpose o,f loading to a junction ice and per diem agreement under the effective upon less than 30 days’ notice. with the car owner or to a station on terms of that agreement, and upon the It is ordered, That: the lines of the car owner. American Short Line Railroad Associa­ tion; and that notice of this order be § 1033.1064 Service Order No. 1064. (6) The return to the owner of a box­ car described in subparagraph (1) of given to the general public by depositing (a) Distribution of boxcars. Each this paragraph shall be accomplished a copy in the Office of the Secretary of common carrier by railroad subject to when it is delivered to the car owner, the Commission at Washington, D.C., the Interstate Commerce Act shall ob­ either empty, or loaded as authorized and by filing it with the Director, Office serve, enforce, and obey the following by subparagraph (3) or (5) of this of the Federal Register. rules, regulations, and practices with re­ paragraph. By the Commission, Railroad Service spect to its car service: (7) Junction points with the car Board. owner shall be those listed by the car (1) Return to owners empty, except owner in its specific registration in the [ seal] R obert L. O swald, as otherwise authorized in subparagraphs Official Railway Equipment Register, Secretary. (3) and (5) of this paragraph, all plain ICC R.E.R. No. 378, issued by E. J. Mc- [FR Doc.71-4980 Filed 4-8-71;8:49 am]

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6830 Proposed Rule Making

(b) * * * DEPARTMENT OF THE TREASURY DEPARTMENT OF AGRICULTURE (1) Such milk shall be deemed to have been received by the diverting handler at Internal Revenue Service Consumer and Marketing Service the pool plant from which the milk was [ 26 CFR Part 1 1 17 CFR Part 1007 3 diverted. * * * * • * DEFINITIONS AND SPECIAL RULES [Docket No. AO-366-A7] Proposal No. 3. Substitute the follow­ Notice of Proposed Rule Making MILK IN GEORGIA MARKETING AREA ing Class I base plan for the present sea­ Correction Notice of Hearing on Proposed sonal base-excess plan: §1007.110 History of production. In F.R. Doc. 71-4585 appearing at page Amendments to Tentative Market­ 6429 in the issue of Saturday, April 3, ing Agreement and Order (a) Initial history of production. (1) The market administrator shall deter­ 1971, the following change should be Notice is hereby given of a public hear­ made in § 1.507-6: The word “only” in mine for each producer whose milk, in ing to be held at Atlanta Airport Holiday the immediately preceding months of the 23d line of paragraph (a) (2) should Inn, Aldrin Room, 1380 Virginia Avenue, be deleted'. September through January, was deliv­ East Point, GA, beginning at 9:30 a.m., ered to pool plants on not less than 100 local time, on Tuesday, April 27, 1971, E 26 CFR Part 1 1 days, an initial history of production by with respect to proposed amendments to dividing the total pounds of such pro­ INCOME TAX the tentative marketing agreement and ducer’s deliveries to pool plants for the to the order, regulating the handling of period of September 1969 through Jan­ Accounting for Long-Term Contracts; milk in the Georgia marketing area. uary 1970 or September 1970 through Notice of Hearing The hearing is called pursuant to the January 1971, whichever is higher, by provisions of the Agricultural Marketing Proposed amendments to the regula­ the number of days’ production rep­ Agreement Act of 1937, as amended (7 resented by such deliveries or by 145, tions under section 451 of the Internal U.S.C. 601 et seq.), and the applicable Revenue Code of 1954, relating to ac­ whichever is greater. rules of practice and procedure govern­ (2) For producers who delivered milk counting for long-term contracts, appear ing the formulation of marketing agree­ in the Federal R egister for March 24, for less than 100 days during the period ments and marketing orders (7 CFR Part of September 1970 through January 1971 1971 (36 F.R. 5509). 900). A public hearing on the provisions of and who had not delivered milk during The purpose of the hearing is to re­ September 1969 through January 1970, these proposed amendments to the regu­ ceive evidence with respect to the eco­ lations will be held on Tuesday, May 11, the market administrator shall deter­ nomic and marketing conditions which mine the history of production for such 1971, at 10 a.m., e.d.s.t., in Room 3313, relate to the proposed amendments, here­ Internal Revenue Service Building, 1111 producer(s) by multiplying the average inafter set forth, and any appropriate daily deliveries of such producer(s) dur­ Constitution Avenue NW., Washington, modifications thereof, to the tentative DC 20224. ing the most recent 5-month period by marketing agreement and to the order. 0.80 and adjusting by a ratio obtained by The rules of § 601.601(a) (3) of the The proposed amendments, set forth dividing the average daily deliveries per Statement of Procedural Rules (26 CFR below, have not received the approval of producer during the most recent Septem­ Part 601) shall apply with respect to the Secretary of Agriculture. ber through January period by the aver­ such public hearing. Copies of these rules Proposed by Dairymen, Inc.: age daily deliveries per producer during will be furnished on request. Under such Proposal No. 1. Amend § 1007.10 PooZ the 5-month period used for such § 601.601(a) (3) persons who desire to plant by adding a new paragraph to be producer(s). present oral comments (in addition to designated (c), as follows: (3) For producers who have delivered having submitted written comments or § 1007.10 Pool plant. milk for at least 90 days on the effective suggestions within the time prescribed in the notice of proposed rule making) ***** date of this order but who delivered no should by April 26, 1971, submit an out­ (c) A plant operated by a cooperativemilk during the period of September 1, line of the topics and the time they wish association if, during the month, the sum 1970, through January 1971 and who of the milk received at other pool plants delivered no milk prior to that time, the to devote to each topic. Such outlines market administrator shall determine a shall be submitted to the Commissioner from producers who are members of such cooperative association, plus the milk history of production for such pro­ of Internal Revenue, Attention: ducer (s) by multiplying by his average CC:LR:T, Washington, D.C. 20224. t which was transferred thereto from the plant operated by the cooperative associ­ daily deliveries during his first 90 days Persons who plan to attend the hearing production by 0.80, and adjusting by a and persons who desire a copy (furnished ation, is not less than 50 percent of the total volume of milk delivered to all ratio obtaining by dividing the average only at the above address) of such writ­ daily deliveries per producer during the ten comments or suggestions or outlines plants by producers who are members of the association. most recent September through January should notify the Commissioner at the period by the average daily deliveries per above address or telephone (Washington, Proposal No. 2. Amend § 1007.16 Pro­ producer during the 3-month period used D.C.) 202-964-3935 by May 4, 1971. ducer milk by rewriting paragraph for such producer(s). K . M artin W orthy, (b) (1) to read as follows: (4) Producers who have delivered milk Chief Counsel. § 1007.16 Producer milk. for less than 90 days at the effective [FR Doc.71-5071 Filed 4-8-71;10:23 am] date of this order shall have no initial v

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 PROPOSED RULE MAKING 6831

history of production but shall be as­ daily Class I base multiplied by the num­ less than his daily Class I base multiplied signed a history of production in accord­ ber of days in such period, then his his­ by the number of days in such period, ance with the provisions applicable for tory of production shall not be reduced; then his history of production shall not new producers. and provided further that if during the be reduced: And provided further, That (5) Any producer may appeal his-immediately preceding September if during the immediately preceding Sep­ assignment of initial history of produc­ through January a producer’s average tember through January a producer’s tion to the Hardship Committee estab­ daily deliveries are less than his daily average daily deliveries are less than his lished pursuant to § 1007.120 to show Class I base, then such producer’s exist­ daily Class I base, then such producer’s cause why such history of production is ing daily history of production shall be existing daily history of production shall inequitable and should be adjusted, reduced by the same amount as his daily be reduced by the same amount as his Class I base exceeds his average daily daily deliveries during the immediately (b) Annual adjustment of history of preceding September through January production. (1) Effective on March 1, deliveries during the immediately pre­ ceding September through January period; in no event shall a producer’s 1972, the market administrator shall up­ history of production be reduced by more date the history of production for each period; in no event shall a producer’s history of production be reduced by more than 25 percent. producer as follows: than 25 percent. (iii) For a producer who has a history (i) For producers assigned an initial (ii) For producers assigned a history of production covering two periods, in­ history of production prior to Septem­ of production established after Septem­ cluding the period used in subdivision ber 1, 1971, divide the total pounds of ber 1, 1971, divide the total pounds of (i) of this subparagraph, add to the re­ each producer’s deliveries to pool plants such producer’s deliveries to pool plants sults obtained for such producer in para­ for the period of September 1971 through for the period of September 1972 graph (a) of this section his previous January 1972, by the number of days’ through January 1973 by the number of average daily history of production and production represented by such deliveries days’ production represented by such divide by 2: Provided, That if during or by 145, whichever is greater, and add • deliveries or by 145, whichever is higher, the immediately preceding September to the quantity so obtained, such pro­ and adding this amount to his previous through January a producer delivers not ducer’s initial history of production and history of production and dividing the less than his daily Class I base multiplied divide the result by 2: Provided, That sum by 2 : Provided, That if during by the number of days in such period, if during the immediately preceding Sep­ the immediately preceding September then his history of production shall not tember through January a producer through January a producer delivers not be reduced: And provided further, That delivers not less than his daily Class I less than his daily Class I base multiplied if during the immediately preceding Sep­ base multiplied by the number of days by the number of days in such period, tember through January a producer’s in such period, then his history of pro­ then his history of production shall not average daily deliveries are less than his duction shall not be reduced: And pro­ be reduced: And provided further, That daily Class I base, then such producer’s vided further, That if during the im­ if during the immediately preceding existing daily history of production shall mediately preceding September through September through January a producer’s be reduced by the same amount as his January a producer’s average daily average daily deliveries are less than his daily Class I base exceeds his average deliveries are less than his daily Class I daily Class I base, then such producer’s daily deliveries during the immediately base, then such producer’s existing daily existing daily history of production shall preceding September through January history of production shall be reduced be reduced by the same amount as his period; in no event shall a producer’s by the same amount as his daily Class I daily Class I base exceeds his average history of production be reduced by more base exceeds his average daily deliveries daily deliveries during the immediately than 25 percent. during the immediately preceding Sep­ preceding September through January (iv) For producers who had no his­ tember through January period; in no period; in no event shall a producer’s tory of production on the immediately event shall a producer’s history of pro­ history of production be reduced by more preceding September 1, such producer’s duction be reduced by more than 25 than 25 percent. history of production shall be 80 percent percent. (iii) For producers with no history of of the amount obtained in paragraph (a) (ii) For a producer who had no initial production prior to September 1, 1972, of this section. history of production on September 1, a history of production for such pro­ (4) On March 1 of any year in which 1971, the market administrator shall ducer shall be the total pounds of such this plan is in effect, the market admin­ determine the history of production for producer’s deliveries to pool plants for istrator shall determine a history of pro­ each such producer by dividing the total - the period of September 1972 through duction for producers who delivered milk pounds of such producer’s deliveries to January 1973 divided by the number of for less than 100 days during the imme­ Pool plants for the period of September days’ production represented by such diately preceding period of September 1971 through January 1972 by the num­ deliveries or by 145, whichever is greater, through January. Such history of pro­ ber of days’ production represented by and multiplying the results by 0.80. duction shall be 80 percent of milk ship­ such deliveries or by 145, whichever is (3) Effective March 1, 1974, and onments to pool plants during the first 90 greater, and multiplying such amount March 1 of each year thereafter, the days delivered and shall be effective on by 0.80. market administrator shall update the the first day of the third pay period in (2) Effective March 1,1973, the markethistory of production for each producer which such producer delivers milk to administrator shall update the history as follows : pool plants. of production for each producer as (i) For each producer whose milk was § 1007.111 New producers. follows: delivered to pool plants on not less than (a) History of production or Class I (i) For a producer assigned an initial 100 days during the immediately preced­ history of production prior to Septem­ ing September through January, divide base for new producers. The market ad­ ber l, 1971, divide the total pounds of the total pounds of such deliveries by ministrator shall determine a history of each producer’s deliveries to pool plants the number of days’ production repre­ production for each producer for whom for the period of September 1972 through sented by such deliveries or by 145, a history of production was not deter­ January 1973 by the number of days’ whichever is greater. mined pursuant to § 1007.110 as follows: Production represented by such deliver­ (ii) For producers who have a history (1) Any producer who during the pre­ ies or by 145, whichever is greater, and of production covering three or more ceding September through January de­ add to the quantity so obtained such periods, including the period used in sub­ livered his milk to a nonpool plant which Producer’s initial history of production division (i) of this subparagraph, add became a pool plant, shall be assigned Plus his history of production for the the results obtained in paragraph (a) of a history of production on the same basis as other producers under the order, pur­ period of September 1971 through Janu­ this section, for such producer to his average daily history of production of suant to § 1007.110. ary 1972 and divide this sum by 3: Pro­ the immediately preceding two periods (2) Effective on the first day of the vided, That if during the immediately and divide by 3 : Provided, That if during third pay period in which milk is deliv­ Preceding September through January the immediately preceding September ered to a pool plant, a producer who de­ a producer delivers not less than his through J anuary a producer delivers not livered milk to a nonpool plant during

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6832 PROPOSED RULE MAKING the representative period shall be allo­ minist'rator shall assign a base calculated eligible to transfer such base to another cated a history of production on the same pursuant to § 1007.110 to each producer. producer until 12 months after such base basis as if he had been a producer under Ob) Except for bases associated with assignment. the order, provided that in no event shall a history of production determined pur­ ,(f) A producer to whom a base has the Class I base associated with such suant to § 1007.110(a) (2) and (3) and been assigned and who fails to ship mill? history of production exceed the amount pursuant to § 1007.110(b) (4) and bases to a pool plant during the immediately of milk actually delivered under this assigned pursuant to § 1007.111(a) (1) preceding 12 months and who has not order. ' and (3), a base may be transferred in transferred his base shall forfeit such (3) Any new producer who deliveredits entirety, or in amounts of not less base effective March 1. no milk to a pool plant or nonpool plant than 100 pounds, by a person holding during the representative period for this such base to any other person who cur­ § 1007.114 Announcement of history of order, and who has not acquired a his­ rently is, or will become, a producer as production and Class I bases. tory of production and Class I base by defined in § 1007.15 within the month in Within thirty (30) days after the adop­ transfer pursuant to § 1007.113(b), shall which the transfer is to be effective. Ap­ tion of this order, and on or before be assigned a Class I base : plication for transfer must be made to March 5 of each year, the market admin­ (i) In the event that such producer’s the market administrator on forms ap­ istrator shall notify each producer or first delivery of milk is made to a pool proved by the market administrator and the cooperative association of which he plant during the calendar months of signed by the base holder(s), his heirs, is a member and the handler of the February through August, a Class I base executor, or trustee, and by the person (s) producer’s history of production and shall be assigned effective on the first to whom such base is to be transferred, Class I base computed pursuant to day of the third pay period in which such subject to the following conditions: §§ 1007.110, 1007.111, and 1007.112. Un­ producer delivers milk to a pool plant and (1) A transfer of an entire base may be less otherwise provided, such Class ! base such Class I base shall be equal to 50 made effective any day of the month if shall be effective from March 1 of such percent of his average daily deliveries of application(s) for such transfer is filed year through February of the following milk each month until a base has been with the market administrator within year. computed following deliveries during the five (5) days of the effective date of the subsequent production history period of transaction. Otherwise such transfer § 1007.120 Relief from hardship or in­ September through January. shall be effective the first day of the equity. (ii) In the event that such producer’s month following that in which applica­ Requests of producers for relief from first delivery of milk is made to a pool tion is made; hardship or inequity arising from the plant during the calendar months of (?) A transfer of a portion of a base provisions of §§ 1007.110 through 1007.114 September through January, such Class I shall be effective the first day of the will be subject to the following: base shall be equal to 50 percent of his month following that in which applica­ (a) A producer may request review average daily deliveries, of producer milk tion for such transfer is made to the of his assignment of production his­ each month until a base has been com­ market administrator, except that a por­ tory and/or base because of alleged puted on the deliveries in the production tion of a base may be transferred to be hardship or inequity for the following history period of September through effective on March 1 of any year if appli­ circumstances: January. cation for such transfer is filled with the (1) His history of production pursu­ market administrator no later than § 1 0 0 7 .1 1 2 Class I base. March 15; ant to §§ 1007.110 and 1007.111 is alleged (a) On the effective date of this order, not to be representative of his level of (3) A producer who has received base milk production due to loss of milk pro­ and on March 1 of each year thereafter, by transfer on or after March 1 of any the market administrator shall assign duction caused by factors beyond the year may not transfer any portion of his control of such producer. each producer a Class I base proportion­ base for 3 full months following the ate to his history of production by multi­ effective date of such transfer; (2) His history of production is al­ plying such producer’s current assigned (4) A producer who has transferred leged to not be representative because history of production by a ratio computed base on or after March 1 of any year may of base transfers made on or after as follows: not receive additional base by transfer March 1,1971, but not after the effective (1) Multiply the average daily pro­ for 3 full months following the effective date of the Class I plan. ducer milk utilized in Class I during the date of such transfer; and (3) He was not issued a Class I base immediately preceding period of Septem­ (5) A base which is held jointly or as pursuant to § 1007.110 or § 1007.111. ber through January by 1.10 and divide a partnership may be transferred in part, (b) The producer shall file with the such result by the sum of the history of or in its entirety, only upon application market administrator a request in writ­ production of all producers. signed by each point holder or partner, ing for review of hardship or inequity (2) Such Class I base shall remain in his heirs, executor or trustee, and by the not later than 45 days after notice pur­ effect from the effective date of this person(s) to whom such base is to be suant to § 1007.114 or not later than 45 order to March 1 of the next year, and transferred. days after date on which a notice of his thereafter for a 12-month period begin­ (c) A base which has been established base as a new producer was mailed to ning March 1 of each year. by two or more persons operating a dairy him or to the cooperative association of (b) Seasonal adjustment of Class I farm jointly or as a partnership may be which* he is a member by the market base: The market administrator shall re­ divided among the joint holders or part­ administrator. Such request shall set duce Class I bases determined pursuant ners if written notification of the agreed forth: to paragraph (a) of this section for use division of base signed by each joint (1) Conditions that cause the alleged in making payments to producers for holder or partner, his heirs, executor or hardship or inequity. milk, delivered in June, July, and Au­ trustee, is received by'the market ad­ (2) The extent of relief or adjustment gust of any year, by the percentage re­ ministrator prior to the first day of the requested. duction in average daily Class I sales of month on which such division is to be (3) The basis upon which the amount producer milk for June, July, and August effective. of adjustment request was determined. of the preceding calendar year relative to (d) A producer who has transferred (4) The reasons why the relief or ad­ Class I sales for the remaining 9 months. his entire base to another person shall not be eligible to receive a base as a new justment should be granted. § 1007.113 Base rules. producer pursuant to this section until (c) A producer commitee for the The following rules shall apply in the 3 years after the date on which such evaluation of hardship requests shall establishment and assignment of bases; base was transferred. consist of five (5) producers appointed by the market administrator and shall provided that for the purposes of this (e) A producer who has been assigned section any assignment or transfer of a history of production pursuant to function as follows: bases shall also apply to history of pro­ § 1007.110(a) (2) and (3) and a Class I (1) Review each request of relief from duction associated with such base. base associated therewith and a producer hardship or inequity referred to it by (a) Subject to the provisions of para­who has been assigned a base pursuant to the market administrator at a meeting graph (b) of this section, the market ad- § 1007.111(a) (1) and (3) shall not be called by the market administrator at

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 PROPOSED RULE MAKING 6833

which the applicant may appear in per­ April 5, 1971, and published in the Fed­ son if he so requests. eral R egister on April 7, 1971. Notice DEPARTMENT OF COMMERCE (2) Formally recommend the actionis hereby given that the aforesaid hear­ which should be taken with respect to ing will be held as scheduled at the How­ Maritime Administration each request giving the reasons for any ard Johnson’s Motor Lodge, Quad Cities [46 CFR Ch. Ill adjustments as well as the reasons for Airport, Moline, HI., beginning at 9 a.m., rejecting any and all such requests. on April 13, 1971, with respect to pro­ PROCEDURES FOR DETERMINATION (d) The market administrator or his pose amendments previously announced OF OPERATING-DIFFERENTIAL SUB­ representative shall act' as Recording and to additional proposed amendments SIDY FOR WAGES OF OFFICERS Secretary at meetings of such committee to the tentative marketing agreements AND CREWS and shall notify each producer whose and to the orders, regulating the han­ request is considered at such meeting dling of milk in the Quad Cities-Dubu- Notice of Proposed Rule Making of action taken and reasons for such que, Cedar Rapids-Iowa City, North action. Such notice to producer shall be Central Iowa, and Des Moines, Iowa, The Merchant Marine Act of 1970 made within five (5) days following the marketing areas. (Public Law 91-469), in amending the meeting of the Hardship Committee. The hearing is called pursuant to the Merchant Marine Act of 1936, as (e) Committee members shall be re­ provisions of the Agricultural Marketing amended (46 U.S.C. 1101-1294) provides imbursed by the market administrator Agreement Act of 1937, as amended (7 for substantial changes in the procedures from funds collected under § 1007.77 for U.S.C. 601 et seq.), and the applicable for determining operating-differential their services at a rate of $30 per day or rules of practice and procedure govern­ subsidy for wages of officers and mem­ a portion thereof, plus the necessary ing the formulation of marketing agree­ bers of the crew under section 603 (46 travel and subsistence expenses incurred ments and marketing orders (7 CFR Part U.S.C. 1173) of said 1936 Act. in the performance of their duties as 900). Pursuant to section 204 (46 U.S.C. Committee members. The purpose of the hearing is to re­ 1114) and section 603 (46 U.S.C. 1173) Of (f> The market administrator shall ceive evidence with respect to the eco­ said 1936 Act, notice is hereby given that maintain files of all requests for allevia­ nomic and marketing conditions which the Maritime Subsidy Board and Assist­ tion of hardship and the disposition relate to the previously announced pro­ ant Secretary for Maritime Affairs are made thereof. These files shall be open posed amendments, and to the addi­ contemplating the adoption of procedures to inspection to any interested person tional proposed amendment hereinafter to be followed in connection with the during the regular business hours of the set forth, and any appropriate modifica­ determination of operating-differential market administrator. tions thereof, to the tentative marketing subsidy for wages of officers and members agreements and to the orders. of the crews of vessels subsidized under § 1007.22 Base milk. Evidence also will be taken to deter­ Title VI of said 1936 Act. “Base milk” means producer milk re­ mine whether emergency marketing con­ While the subsidy program is exempt ceived during the month which is not ditions exist that would warrant omis­ from the requirements of section 4, Ad­ in excess of the producer’s Class I base sion of a recommended decision under ministrative Procedure Act (5 U.S.C, multiplied by the number of days of pro­ the rules of practice and procedure (7 553), interested parties are invited to duction that such milk was received at CFR 900.12(d) ) with respect to the pro­ submit in writing for consideration by pool plants or diverted therefrom. posed amendments, and to determine the Maritime Subsidy Board and Assist­ Proposed by the Dairy Division, Con­ whether such amendments should be ant Secretary for Maritime Affairs data sumer and Marketing Service: made for a temporary period. or views on the contemplated procedures, Proposal No. 4. Make such changes as The proposed amendment, set forth in triplicate, to the Secretary, Maritime may be necessary to make the entire below, has not received the approval of Subsidy Board, Maritime Administration, marketing agreement and the order con­ the Secretary of Agriculture. Washington, D.C. 20235, by close of busi­ form with any amendments thereto that Proposed by Carnation Co.: ness on April 26,1971. Copies of the pro­ may result from this hearing. Revise the order regulating the han­ posed procedures may be obtained from the Secretary. Copies of this notice of hearing and the dling of milk in the North Central Iowa, order may be procured from the Market marketing area, 7 CFR Part 1078, as Dated: April 7,1971. Administrator, E. Hickman Greene, Post Office Box 49025, Atlanta, GA 30329, or follows: By order of the Maritime Subsidy from the Hearing Clerk, Room 112-A, Proposal No. 20. Change the first sen­ Board and Assistant Secretary for Mari­ Administration Building, U.S. Depart­ tence in § 1078.50(b) to read: “The Class time Affairs. ment of Agriculture, Washington, D.C. I milk price at plants in Zone 1 shall be James S. D awson, Jr., 20250 or may be there inspected. the basic formula price for the preceding Secretary. Signed at Washington, D.C., on month plus $0.95, and plus 20 cents.” [FR Doc.71-5057 Filed 4-8-71;10:08 am] April 5, 1971. Copies of this supplemental notice of John C. Blum, hearing and the order may be procured Deputy Administrator, from the Market Administrator, E. H. Regulatory Programs. DEPARTMENT OF HEALTH, McGuire, Watch Tower Plaza, 924 37th tPR Doc.71-4954 Filed 4-8-71:8:46 am] Avenue, Post Office Box 691, Rock Is­ EDUCATION, AND WELFARE land, IL 61201; Market Administrator, Food and Drug Administration 17 CFR Parts 1063, 1070, 1078, J. B. Rosenbury, 909 Sixth Street NW„ 1079 1 Rochester, MN 55901; or from the Hear­ [21 CFR Parts 1, 1301 [Dockets Nos. AO-105-A34, AO-229-A25, ing Clerk, Room 112-A, Administration CONTROLLED SUBSTANCES AO-272—A19, AO-295—A23 ] Building, U.S. Department of Agricul­ Labeling, Dispensing in Emergencies, ture, Washington, D.C. 20250 or may be milk in q u a d c it ies -d u b u q u e a n d Security and Accountability certain o t h er m a r k e t in g a r e a s there inspected. Signed at Washington, D.C., on Pursuant to the provisions of the Fed­ Supplemental Notice of Hearing on April 7, 1971. eral Controlled Substances Aot (secs., 201, 305, 307, 309, 84 Stat. 1247, 1256, Proposed Amendments to Tentative John C. B lum , Marketing Agreements and Orders Deputy Administrator, 1259, 1260) and the Federal Food, Drug, Regulatory Programs. and Cosmetic Act, as amended (secs. This notice Is supplemental to the 503(b), 505, 701(a), 52 Stat. 1051, 1052, notice of hearing which was issued on [FR Doc.71-5032 Filed 4-8-71:8:51 am] 1055, 76 Stat. 781-785, 21 U.S.C. 353(b),

No.Kr —69—Pt. I---- 8 FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6834 PROPOSED RULE MAKING

355, 371(a)), and under the authority in paragraph (a) (13), item 4b of form 5. Section 130.3a(b) (7) (ii) would be delegated^ to him (21 CFR 2.120), the FD-1573 would be amended by adding revised to read as follows: Commissioner of Food and Drugs, hav­ one sentence, as follows: § 130.3a New drugs for investigational ing consulted with the Attorney Gen­ § 130.3 ‘ New drugs for investigational use in animals; exemptions from eral, as directed by sections 307 and 309 use in human beings; exemptions section 5 0 5 (a ). of the Controlled Substances Act, pro­ from section 5 0 5 (a ). * * * * * poses to promulgate regulations amend­ ing Parts 1 and 130 as follows: (a) A shipment or other delivery of a (b) New drugs for clinical investiga­ 1. Section 1.108 would be amended by new drug shall be exempt from section tion in animals. A shipment or other de­ adding new paragraph (c) which would 505(a) of the act if all the following livery of a new drug intended for clinical read as follows: conditions are met: investigational use in animals shall be * * * * * exempt from section 505(a) of the act if § 1.108 Drugs and devices, statement of all the following conditions are met: (4) The sponsor maintains adequate policy re Spanish language version of * * * * * required labeling statements. records showing the investigator to * * * * * whom shipped, date, quantity, and batch (7) The sponsor shall assure himself or code mark of each such shipment and that the drug is shipped only to inves­ (c) By direction of section 305(c) ofdelivery, until 2 years after a new-drug tigators who: the Federal Controlled Substances Act, application is approved for the drug; or, * * * * * § 1.109, promulgated under section . if an application is not approved, until 2 (ii) Shall maintain complete records 503(b) of the Federal Food, Drug, and years after shipment and delivery of the Cosmetic Act, requires the following of the investigations, including complete drug for investigational use is discon­ records of the receipt and disposition of warning on the label of certain drugs: tinued and the Food and Drug Admin­ “Caution: Federal law prohibits the each shipment or delivery of the drug istration has been so notified. Upon the under investigation. Copies of all records transfer of this drug to any person other request of a scientifically trained and than the patient to whom it was pre­ of the investigation shall be retained by properly authorized employee of the De­ the investigator for 2 years after the ter­ scribed.”. The Spanish version of this partment at reasonable times, the spon­ shall be: “Precaución: La ley Federal mination of the investigation or approval sor makes the records referred to in this of a new-drug application. prohibe el transferir de esta droga a subparagraph and in subparagraph (2) otra persona que no sea el paciente para 6. A new § 130.3b would be added to of this paragraph available for inspec­ read as follows: quien fue recetada.” tion, and upon written requests submits 2. A new § 1.109 would be added to such records or copies of them to the § 130.3b Controlled substances for in­ read as follows: Food and Drug Administration. If the vestigational use. § 1 .1 0 9 Drugs; statement o f required investigational drug is subject to the If an investigational drug is subject to warning on controlled substances Comprehensive Drug Abuse Prevention the Comprehensive Drug Abuse Preven­ listed in schedule II, III, or IV of and Control Act of 1970 adequate pre­ tion and Control Act of 1970, records Federal Controlled Substances Act. cautions are taken, including storage , of concerning shipment, delivery, receipt, The label of any drug listed as a “con­ the investigational drug in a securely and disposition of the drug, which are trolled substance” in schedule II, III, or locked“, substantially constructed cabinet, required to be kept by §§ 130.3(a) (4), IV of the Federal Controlled Substances to prevent theft or diversion of the sub­ (12), and (13) and 130.3a (a)(3) and Act shall, when dispensed to or for a pa­ stance into illegal channels of distribu­ (b) (3), (7), and (8) shall, upon the re­ tient, contain the following warning: quest of a properly authorized employee “ Caution: Federal law prohibits the tion. of the Bureau of Narcotics and Danger­ transfer of this drug to any person other * t * * * * ous Drugs of the U.S. Department of than the patient for whom it was pre­ (12) * * *. Justice, approved by the Secretary, be scribed.” g * * * made available by the investigator or 3. A new § 1.110 would be added to b. The investigator is required to main­ sponsor to whom the request is made, for read as follows: tain adequate records of the disposition of all inspection and copying. receipts of the drug, including dates, quan­ 7. A new § 130.13b would be added to § 1.110 Definition o f emergency situa­ tity, and use by subjects, and if the clinical read as follows: tion. pharmacology is suspended, terminated, dis­ For the purposes of authorizing an continued, or completed, to return to the § 130.13b New drugs with potential for oral prescription of a controlled sub­ sponsor any unused supply of the drug. If the abuse. stance listed' in schedule II of the Fed­ investigational drug is subject to the Com­ When a new-drug application is sub­ prehensive Drug Abuse Prevention and Con­ mitted for a drug which has a stimulant, eral Controlled Substances Act, the term trol Act of 1970, adequate precautions must “ emergency situation” means those -sit­ be taken, including storage of the investiga­ depressant, or hallucinogenic effect on uations in which the prescribing prac­ tional drug in a securely locked, substan­ the central nervous system, if it appears titioner determines: tially constructed cabinet, to prevent theft or that the drug has a potential for abuse, (a) That immediate administration of diversion of the substance into illegal chan­ the Commissioner shall forward that in­ nels of distribution. the controlled substance is necessary for formation to the Attorney General of the proper treatment of the intended ulti­ t ' * * * United States. mate user; and (13) * * * (b) That no appropriate alternative * * * Any interested person may, within 15 treatment is available, including admin­ b. The investigator is required to main­ days after publication of this notice in istration of a drug which is not a con­ tain adequate records of the disposition of the F ederal R egister, file with the Hear­ all receipts of the drug, including dates, trolled substance under schedule II of quantity, and use by subjects, and if the ing Clerk, Department of Health, Edu­ the Act, and . investigation is terminated, suspended, dis­ cation, and Welfare, Room 6-62, 5600 (c) That it is not reasonably possible continued, or completed, to return to the Fishers Lane, Rockville, Maryland 20852, for the prescribing practitioner to pro­ sponsor any unused supply of the drug. If written comments (preferably in quin- vide a written prescription to be pre­ the investigational drug is subject to the sented to the person dispensing the sub­ Comprehensive Drug Abuse Prevention and tuplicate) regarding this proposal. stance, prior to the dispensing. Control Act of 1970, adequate precautions must be taken, including storage of the in­ Dated: April 5, 1971. 4. Section 130.3(a)(4) would be vestigational drug in a securely locked, sub­ Sam D. F ine, amended by adding one sentence at the stantially constructed cabinet, to prevent Associate Commissioner, end of the subparagraph. In paragraph theft or diversion of the substance into for Compliance. (a) (12), item 6b of form FD-1572 would illegal channels of distribution. be amended by adding one sentence and [FR Doc.71-4990 Filed 4-8-71;8:50 am]

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 PROPOSED RULE MAKING 6835

[21 CFR Par» 161 § 73.503 [Amended] (g), (h), a n d ji) shall not apply. The blood shall be collected with minimal ENRICHED MACARONI PRODUCTS 2. Amend § 73.503 by inserting in the first sentence immediately after the damage to and minimal manipulation of WITH IMPROVED PROTEIN QUALITY words “Cryoprecipitated Antihemophilic the donor’s tissue and with a single, un­ Factor (Human),” as added by 35 F.R. interrupted free-flowing venipuncture. . Extension of Time for Filing Comments (3) Storage. Immediately after collec­ on Proposed Identity Standard 13990, the following: “Platelet Con­ centrate (Human),” . tion the source blood shall be placed in In the matter of establishing a stand­ storage between 20°-25° C. and shall be ard of identity for enriched macaroni § 73.505 [Amended] maintained continuously under such products with improved protein quality: 3. Amend § 73.505 by inserting im­ storage conditions until the platelet con­ The notice of proposed rule making mediately following the listing “Cryopre­ centrate has been removed. in the above-identified matter, published cipitated Antihemophilic Factor (Hu­ (4) Testing the blood. Blood for Plate­ in the F ederal R egister of March 3, man) —18° C. or colder,” as added by 35 let Concentrate (Human) shall be tested 1971 (36 F.R. 4061), provided for filing F.R. 13990, the foHowing new listing: as prescribed in § 73.3003 (a ), (b ), and of comments thereon within 30 days “Platelet Concentrate (Human) between (c). after said date. 20°-25° C.” § 73.306 Processing. The Commissioner of Food and Drugs has received a request to extend such § 73.730 [Amended] (a) Separation of platelets. The Plate­ time and, good reason therefor appear­ 4. Amend § 73.730(f) (4) by inserting let Concentrate (Human) shall be sepa­ ing, the time for filing comments re­ immediately after the words “Cryopre­ rated from the plasma within 4 hours garding the proposal is extended to May cipitated Antihemophilic Factor (Hu­ after the collection of ACD whole blood 2,1971. man),” as added by 35 F.R. 13990, the in a closed system by a procedure which This action is taken pursuant to pro­ following: “Platelet Concentrate (Hu­ precludes contamination and has been visions of the Federal Food, Drug, and man) ,” . shown to produce a product that has been demonstrated to have approxi­ Cosmetic Act (secs. 401, 701, 52 Stat. § 73.740 [Amended] 1046, 1055, as amended 70 Stat. 919, 72 mately 70 percent of the platelets found Stat. 948; 21 U.S.C. 341* 371) and under 5. Amend § 73.740(b) by inserting im­ in 450 ml. of fresh ACD whole blood, authority delegated to the Commissioner mediately after the words “Normal when both are counted 4 hours after (21 CFR 2.120). Rabbit Serum;” the following: “Platelet collection. Concentrate (Human);”. (b) Final container. Final containers Dated: March 30, 1971. used for Platelet Concentrate (Human) § 73.870 [Amended] R. E. D uggan, shall be Tmcolored and transparent to Acting Associate Commissioner 6. Amend § 73.870 by inserting im­ permit visual inspection of the, contents for Compliance. mediately after the listing “Plasma Pro­ and any closure shall be such as will tein Fraction (Human) (a) Five years maintain an hermetic seal and prevent [PR Doc.71-4948 Piled 4-8-71;8:46 am] (5° C., one year), (b) Three years, pro­ contamination of the contents. The con­ vided labeling recommends storage at tainer material shall not interact with Public Health Service no warmer than 30° C. (5° C., one the contents under the customary condi­ year).” the following new listing: tions of storage and use, in such a man­ [ 42 CFR Part 73 1 Platelet Ooncen- 24 hours from time of ner as to have an adverse effect upon the trate (Human). collection of source safety, purity, and potency of the prod­ BIOLOGICAL PRODUCTS blood, provided la­ uct. At the time of filling, the final con­ Additional Standards for Platelet beling recommends tainer shall be marked or identified by storage between 20 °- number or other symbol so as to relate Concentrate (Human) 25° C. § 73.860 does it to the donor. not apply. Notice is hereby given that the Di­ § 73.3062 General requirements. rector, National Institutes of Health, pro­ 7. Amend Subpart D by adding imme­ poses to amend Part 73 of the Public diately after § 73.3042, as added by 35 (a) Storage. Immediately after proc­ Health Service regulations by prescrib­ F.R. 13990, the following: essing the product shall be stored at ing specific standards of safety, purity 20°-25° C. and potency for Platelet Concentrate P latelet Concentrate (H uman) (b) Labeling. In addition to the items (Human). § 73.3060 The product. required by other provisions of this part, Inquiries may be addressed, and data, (a) Proper name and definition. The the package label shall bear the views and arguments may be presented proper name of this product shall be following:. by interested parties, in writing, in trip­ Platelet Concentrate (Human) which licate, to the Director, National Institutes (1) Designation of blood group and shall consist of a preparation containing type of the source blood. of Health, Public Health Service, 9000 the platelets, suspended in approxi­ Rockville Pike, Bethesda, MD 20014. All mately 30 ml. of plasma, obtained from (2) Instructions to use a filter in the relevant material received not later than a single unit of human blood collected administration equipment. 45 days after publication of this notice in acid citrate dextrose solution (here­ (3) Instructions to use the product in the Federal R egister will be con­ inafter referred to as “ACD whole within. 2 hours of entering the container. sidered. blood” ) . Notice is also given that it is proposed (4) A statement indicating the volume to make any amendments that are (b) Source. Platlet Concentrate of the source plasma and the type of adopted effective 30 days after publica­ (Human) shall be prepared from ACD anticoagulant solution present in the tion in the F ederal R egister. whole blood meeting the following criteria: . source plasma from which the product It is therefore proposed to amend Part was prepared. 73 as follows: (1) Suitability of the donor. Blood for (Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. !• Amend Subpart D of the table of Platelet Concentrate (Human) shall be obtained only from a donor who meets 216; sec. 351, 58 Stat. 702, as amended; 42 contents by inserting in numerical se­ U.S.C. 262) quence the following: the criteria for suitability prescribed in § 73.3001. Dated: April 1,1971. Platelet Concentrate (Hu m a n ) Sec. (2) Collection of the blood. Blood for R obert Q. M arston, 73.3060 The product. Platelet Concentrate (Human) shall be Director, 73.3061 Processing. collected as prescribed in § 73.3002, ex­ National Institutes of Health. 73.3062 General requirement*. cept that paragraphs (d) (2) and (3), [PR Doc.71-4877 Piled 4-8-71;8:45 am]

FEDIRAI. REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6836 PROPOSED RULE MAKING DEPARTMENT OF Federal Aviation Administration [ 14 CFR Part 71 1 t 14 CFR Part 39 1 [Airspace Docket No. 71—CE-42] TRANSPORTATION [Docket No. 10982] FEDERAL AIRWAY SEGMENT Coast Guardi HAWKER SIDDELEY AVIATION, LTD., Proposed Alteration MODEL DH-125 AIRPLANE [ 33 CFR Part 117 1 Thé Federal Aviation Administration Proposed Airworthiness Directive (FAA) is considering an amendment to [CGFR 71-25] Part 71 of the Federal Aviation Regula­ ALBEMARLE AND CHESAPEAKE The Federal Aviation Administration tions that would alter VOR Federal air­ is considering amending Part 39 of the way No. 429 so as to bypass Milwaukee, CANAL (AIWW), VA. Federal Aviation Regulations by adding Wis., and terminate at Oshkosh, Wis. Drawbridge Operation an airworthiness directive applicable to Interested persons may participate in Hawker Siddeley Model DH-125 air­ the proposed rule making by submitting The Coast Guard is considering planes. It has been determined that a such written data, views, or arguments amending the regulations for the Route. hazardous drift may occur in the Rotax as they may desire. Communications 168 bridge across the Albemarle and voltage sensing unit due to collector- should identify the airspace docket num­ Chesapeake Canal at Great Bridge, emitter leakage currents. Since this con­ ber and be submitted in triplicate to the Chesapeake, Va., by extending by 1 y2 dition is likely to exist or develop in other Director, Central Region, Attention: hours the periods in the morning and airplanes of the same type design, the Chief, Air Traffic Division, Federal Avia­ evening when the draw may remain proposed airworthiness directive would tion Administration, 601 East 12th Street, closed to vessels, with a provision for require replacement of the transistor T.l Kansas City,* MO 64106. All communica­ passing vessels at 7 a.m., 8 a.m., 5 p.m., in the Rotax voltage sensing unit with a tions received within 30 days after pub­ and 6 p.m. All other regulations appli­ new transistor on Hawker Siddeley Model lication of this notice in the F ederal cable to this bridge would remain un­ DH-125 airplanes. R egister will be considered before action changed. This amendment is proposed to Interested persons are invited to par­ is taken on the proposed amendment. help relieve vehicular traffic congestion ticipate in the making of the proposed The proposal contained in this notice during morning and evening rush hours. rule by submitting such written data, may be changed in the light of comments Interested persons may participate in views, or arguments as they may desire. received. this proposed rule making by submitting Communications should identify the An official docket will be available for written data, views, or arguments to the docket number and be submitted in dup­ examination by interested persons at the Commander, Fifth Coast Guard District, licate to the Federal Aviation Adminis­ Federal Aviation Administration, Office 610 Federal Building, 431 Crawford tration, Office of the General Counsel, of the General Counsel, Attention: Rules Street, Portsmouth, VA 23705. Each per­ Attention: Rules Docket, 800 Independ­ Docket, 800 Independence Avenue SW., son submitting comments should include ence Avenue SW„ Washington, DC 20590. Washington, DC 20590. An informal his name and address, identify the bridge, All communications received on or before docket also will be available for exami­ and give reasons for any recommended May 10, 1971, will be considered by the nation at the office of the Regional Air change in the proposal. Copies of all Administrator before taking action upon Traffic Division Chief. written communications received will be the proposed rule. The proposals con­ available for examination by interested tained in this notice may be changed in At present, the final segment of V-429 persons at the office of the Commander, the light of comments received. All com­ is described via the intersection of the Fifth Coast Guard District. ments will be available, both before and Naperville, 111., VORTAC 340° T. (338° The Commander, Fifth Coast Guard after the closing date for comments, in M) and Milwaukee, Wis., VORTAC 198° District, will forward any comments re­ the Rules Docket for examination by in­ T (196° M) radiais to Milwaukee. ceived before May 10, 1971, with his terested persons. If the airspace action proposed in this This amendment is proposed under the recommendations to the Chief, Office of docket is adopted, the final segment of Operations, who will take final action authority of sections 313(a), 601, and 603 on this proposal. The proposed regula­ of the Federal Aviation Act of 1958 (49 V-429 would be described via the inter­ tions may be changed in the light of U.S.C. 1354(a), 1421, 1423) and of sec­ section of the Naperville VORTAC 340° comments received. tion 6(c) of the Department of Transpor­ T (388° M) and Oshkosh VORTAC 187° Accordingly, it is proposed that tation Act (49 U.S.C. 1655(0 ). T (185° M) radiais to Oshkosh. V-426 § 117.350 be amended by revising para­ In consideration of the foregoing, it would then pass approximately 13 miles graph (a) to read as follows: is proposed tc amend § 39.13 of Part 39 west of the Milwaukee VORTAC. § 117.350 Albemarle and Chesapeake of the Federal Aviation Regulations by The proposed realignment of V-429 is Canal (A IW W ), VA, U.S. Govern- adding the following new airworthiness needed to provide a north/south bypass ment bridge at Great Bridge. directive: airway to and from Chicago to relieve an (a) The draw may remain closed toH awker Siddeley Aviation, Ltd. Applies to increasingly congested traffic situation at pleasure craft from 6:30 a.m. to 9 a.m. model DH-125 airplanes. Milwaukee. It is estimated that this by­ and from 4 p.m. to 6:30 p.m., except the To prevent a hazardous drift in the Rotax draw shall open at 7 a.m., 8 a.m., 5 p.m., voltage sensing unit, within the next 200 pass route would take over one-third and 6 p.m: to allow vessels to pass. The hours’ time in service after the effective date of the traffic that now flies over draw shall open on signal for commercial of this AD, unless already accomplished, in­ Milwaukee. vessels, public vessels of the United States corporate Rotax Modification No. SP. 7172 by replacing the transistor T.l in the Rotax This amendment is proposed under the and vessels in distress. Voltage Sensing Unit Type U.3624 or U.3624/1 authority of section 307(a) of the Federal * * * * * with a new transistor in accordance with Aviation Act of 1958 (49 U.S.C. 1348(a)) Hawker Siddeley Aviation, Ltd., 125 Series (Sec. 5, 28 Stat. 362, as amended, sec. 6(g) and section 6(c) of the Department of (2), 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C: Aircraft Service Bulletin 24-124-(7355), 1655(g)(2); 46 CFR 1.46(c)(5) (35 F.R. dated July 9, 1970, or an FAA-approved Transportation Act (49 U.S.C. 1655(c)). 4959), 33 CFR 1.05-1 (c) (4) (35 F.R. 15922)) equivalent. Issued in Washington, D.C., on April 1/ Dated April 5,1971. Issued in Washington, D.C., on April 2, 1971. 1971. H. B. H elstrom, R. E. Hammond, . James F. R udolph, Chief, Airspace and Air Rear Admiral, U. S. Coast Guard, Traffic Rules Division. Chief, Office of Operations, Director, Flight Standards Service. [FR Doc.71-4971 Filed 4-8-71;8:48 am] [FR Doc.71-4986 Filed 4-8-71;8:49 am] [FR Doc.71-4969 Filed 4-8-71;8:48 am]

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 PROPOSED RULE MAKING 6837

[1 4 CFR Part 75 1 Federal Aviation Act of 1958 (49 U.S.C. The standard would also require man­ 1348(a)) and section 6(c) of the Depart­ [Airspace Docket No. 71—WA—11] ufacturers of incomplete vehicles that are ment of Transportation Act <49 U.S.C. intended, when completed, to be trucks AREA HIGH ROUTES 1655(c)). or multipurpose passenger vehicles hav­ ing a gross vehicle weight rating of Proposed Designation Issued in Washington, D.C.,on April 1, 1971. ■ 10,000 pounds or less to furnish the sub­ sequent manufacturer with the above The Federal Aviation Administration _H. B. H elstrom, (FAA) is considering an amendment to Chief, Airspace and Air information, in the document that would Part 75 of the Federal Aviation Regu­ Traffic Rules Division. be required pursuant to the proposed lations that would designate area high Part 568, “Vehicles Manufactured in Two routes in the south and southwestern [FR Doc.71-4970 Filed 4-8-71;8:48 am] or More Stages,” 35 F.R. 4639 (March 17, United States. 1970). The purpose of this requirement Amendments to Parts 71 and 75 of the National Highway Traffic Safety is to provide the information with those Federal Aviation Regulations were pub­ vehicles that, when completed, will have lished in the F ederal R egister (35 F.R. Administration either camper bodies or truck bodies 10653) which established regulatory [ 49 CFR Part 571 1 mounted on them. bases for the designation of specific area The proposed requirements for camp­ high and low routes. [Docket No. 71-7; Notice 1] ers would require each camper manufac­ Interested persons are invited to par­ CENTER OF GRAVITY FOR TRUCK turer to determine, to specified toler­ ticipate in the making of the proposed CARGO AND CAMPERS ances, the gross camper weight and the rule by submitting such written data, center of gravity of the camper when views, or arguments as they may desire. Notice of Proposed Motor Vehicle loaded to gross camper weight. The in­ Communications should identify the air­ Safety Standard formation would be provided on a placard space docket number and be submitted in that would also contain a reference point triplicate to the Federal Aviation Ad­ This notice proposes a new motor from which the distance to the camper’s ministration, Office of the General Coun­ vehicle safety standard, whose purpose center of gravity would be measured in sel, Attention: Rules Docket, 800 Inde­ would be to reduce the adverse effects longitudinal, vertical, and lateral direc­ pendence Avenue SW., Washington, DC on the handling and braking of light tions. These measurements would be 20590. All communications received trucks and certain multipurpose pas­ stated on the placard. The placard would within 60 days after publication of this senger vehicles that can result from their be required to be located on the exterior carrying relatively high and heavy loads, notice in the F ederal R egister will be surface of the left side of the camper, considered by the Administrator before particularly camper bodies. with the reference point at or as close taking action on the proposed rule. The A light truck carrying a load that has as practicable to the side-view location proposal contained in this notice may a high center of gravity, a condition of the camper’s center of gravity. By as­ be changed in the light of comments inherent in many camper bodies and certaining the location of the camper’s received. All comments submitted will be readily occurring in other loads, may center of gravity from the information available, both before and after the clos­ suffer substantial degradation of its provided, the camper owner will then, ing date for comments, in the Rules braking and handling ability as evi­ using the information provided by truck Docket for examination by interested denced by recent reports and articles manufacturers, be able to match the persons. concerning these vehicles. In addition, camper to an appropriate truck. Con­ such cargoes may create a condition of versely, owners of trucks will be able to An official docket will be available for perpetual overload and increase the choose campers suitable for their par­ examination by interested persons at the possibility of structural failures in cer­ ticular truck. Federal Aviation Administration, Office tain vehicle components. of the General Counsel, Attention: Rules The standard would additionally re­ There is presently a lack of useful quire the camper manufacturer to re­ Docket, 800 Independence Avenue SW., information to guide consumers in Washington, DC 20590. produce the placard in the owner’s matching camper bodies to pickup manual furnished with the camper, to The FAA proposes to amend Part 75 of trucks. Moreover, camper brochures fre­ be accompanied with a sketch or diagram the Federal Aviation Regulations by des­ quently contain weight values that of the camper indicating the weight and ignating area high routes as follows: neither include the weight of optional method of placement of the recom­ J-950R Houston, Tex., to Oklahoma City, equipment such as showers, lavatories, mended load for each camper storage Os l a . or additional tanks, nor estimate the compartment. The standard would fur­ weight of passengers, clothing, and sup­ Humble, Tex., 053.2°M/12.3 NM, lat. 30°03' ther require the camper manufacturer to 21” N., long. 95°09'16'' W.; plies. They do not, therefore, provide an place a label in each camper storage Greater Southwest, Tex., 111.6°M/41.5 NM, indication of the weight of a fully loaded compartment that specifies the recom­ lat. 32<>27,52'' N., long. 96°20'14” W.; camper. mended weight for that compartment as Oklahoma City, Okla., 135.3°M/20.3 NM, lat. To remedy these problems, the stand­ indicated in the above-mentioned sketch 35<>10'02'' N., long. 97°31'55” W. ard would impose requirements on man­ or diagram. These requirements would J-949R Oklahoma City, Okla., to ufacturers of trucks, incomplete vehicles, provide the camper owner with readily Houston, T ex. and campers. The requirements for truck available instructions on the recom­ Oklahoma City, Okla., 171°M/10 NM, lat. manufacturers would be that each manu­ mended loading conditions for his 35°16'32” N., long. 97°46'21” W.; facturer specify, both on a placard at­ camper. Greater Southwest, Tex.,' VORTAC, lat. tached to the dashboard or glove com­ Proposed effective date: September 1, 32°49'10” N., long. 97°02'28” W.; partment door and in the owner’s man­ 1972. Humble, Tex., 290.4°M/25 NM, lat. 30°09'17'' ual, the recommended spatial limits for In consideration of the above, it is pro­ N„ long. 95°46'07” W. placement of the center of gravity of posed that § 571.21 of Part 571, Title 49, J-948R New Orleans, La., to Oklahoma loads representing various percentages Code of Federal Regulations, be amended City, Okla. (50, 75, and 100 percent) of the truck’s as set forth below. Interested persons are New Orleans, La., 230.9 "M/4.9 NM, lat. 29 °- cargo-carrying capacity. The spatial invited to submit comments on the pro­ 59'05" N„ long. 90°15'04” W.; limits recommended for placement of the posal. Comments should refer to the New Orleans, La., 230.9°M/4.9 NM, lat. 29*- center of gravity would be expressed as docket number and be submitted to: 30°30'42” N., long. 90<,47'09” W.; the vertical, longitudinal, and lateral Docket Section, National Highway Traf­ Shreveport, La., 212.5°M/3.1 NM, lat. 32°43'- distances from certain reference points fic Safety Administration, Room 4223, 53” N., long. eSW SS” W.; on the truck. Vertical and longitudinal 400 Seventh Street SW., Washington, DC Oklahoma City, Okla., 135.3 °M/20.3 NM, lat. distances would be measured from the 35*10'02” N., long. 97°31'55” W. 20591. Ten copies are requested but not left rear axle shaft, and lateral distance required. All comments received before This amendment is proposed under from the outermost left-side surface of the close of business on July 6, 1971, the authority of section 307(a) of the the rear axle shaft. will be considered, and will be available

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6838 PROPOSED RULE MAKING for examination both before and after “Gross camper weight” means the § 568.4 of this chapter, as proposed 35 the closing date. To the extent, possible, loaded weight of a camper, including— F.R. 4639 (March 17, 1970), include in comments filed after the closing date (a ) 'The weight of all equipment in­the document the information specified will be considered. However, the rule­ cluded in the camper by the in S5.1.1 and S5.1.2. making action may proceed at any time manufacturer; S5.3 Campers. after that date, and comments received (b) The weight of all fluid containers 55.3.1 Placard. Each camper shall after the closing date and too late for' filled to capacity; have a placard, permanently affixed in consideration in regard to the action will (c) The maximum recommended load the location specified in S5.3.2, that con­ be treated as suggestions for future rule for each storage compartment, includ­ tains the following information the man­ making. The Administration will con­ ing compartments for food, clothing, ner illustrated in Figure 2 : tinue to file relevant material, as it be­ supplies, sporting equipment, and com­ (a) The name of the camper manu­ comes available, in the docket after the partments used to transport other ve­ facturer; closing date, and it is recommended that hicles; and (b) The gross camper weight of the interested persons continue to examine) (d) 150 pounds for each designated camper, within 1 percent or 50 pounds, the docket for new materials. occupant sleeping position. whichever is greater; This notice of proposed rule making is “Incomplete vehicle” means an assem­ (c) A reference point, at the intersec­ issued under the authority of sections blage consisting, as a minimum, of frame tion of two intersecting straight lines 103, 112, and 119 of the National Traffic and chassis structure, power train, steer­ each at least 1 inch long, one of which and Motor Vehicle Safety Act (15 U.S.C. ing system, suspension system, and is horizontal and the other perpendicular secs. 1392, 1401, 1407), and the delega­ braking system, to the extent that those to it; and tions of authority at 49 CFR 1.51 and systems are to be part of the completed (d) The distance to the camper’s cen­ 49 CFR 501.8. vehicle, that requires further manufac­ ter of gravity, within 1 inch, in longitu­ turing operations, other than the addi­ dinal, lateral, and vertical directions Issued on April 1,1971. tion of readily attachable components, from the reference point provided pur­ R odolfo A. D iaz, such as mirrors or wheels or minor finish­ suant to (c), with the camper loaded to Acting Associate Administrator, ing operations such as painting, to be­ gross camper weight and the load dis­ Motor Vehicle Programs. come a completed vehicle. tributed according to the location of S5. Requirements. storage compartments and occupant § 571.21 Federal Motor Vehicle Safety F5.1 Trucks. sleeping positions. Standards. 55.1.1 Placard. Each vehicle shall 55.3.2 Placard location. * * * * " * have a placard, permanently affixed to 55.3.2.1 Except as provided in M otor V ehicle Safety Standard No. ____ the inside of the glove compartment door S5.3.2.2, the placard shall be affixed to CENTER OF GRAVITY FOR TRUCK CARGO AND or the rearward surface of the instru­ the exterior surface of the camper’s left campers; trucks and campers ment panel, that contains the following side, so that the reference point provided information in the form illustrated in pursuant to S5.3.1(c) coincides with the 51. Scope. This standard requires man­ Figure 1: side-view location of the camper’s cen­ ufacturers of light trucks and certain (a) The name of the vehicle ter of gravity under the loading condi­ incomplete vehicles to indicate the spa­ manufacturer; tions of S5.3.1(d). tial limits within the cargo area in which (b) The weight in pounds of 50 per­ 55.3.2.2 If the placard location spec­ the center of gravity for cargo loads cent, 75 percent, and 100 percent of the ified in S5.3.2.1 is on a glazing or other should be located, and requires manu­ vehicle’s cargo-carrying capacity as de­ surface, such as a louver or vent, that facturers of campers to specify the termined by its manufacturer; would prevent the attachment of the pla­ camper’s weight and center of gravity (c) The manufacturer’s recommended card, the placard shall be located on the when fully loaded. spatial limits for placement of the center exterior surface of the camper’s left side 52. Purpose. The purpose of this stand­ of gravity of cargo of- the weights speci­ as close as practicable to the specified ard is to provide information that can fied in (b)', expressed as distance ranges location. be used to reduce overloading and im­ in the longitudinal and vertical directions 55.3.3 Owner’s manual. Each camper proper load distribution in light trucks from the centerline of the rear axle manufacturer shall provide, in the and certain multipurpose passenger ve­ shaft, and in the lateral direction from camper owner’s manual or other docu­ hicles, to reduce accidents resulting from the farthest outboard surface on the left ment delivered with the camper— the adverse effects of these conditions on end of the rear-axle shaft. (a) A reproduction of the placard re­ the handling and braking of these (d) Identification of the reference quired pursuant to S5.3.1; vehicles. points from which the measurements (b) A description of the loading and 53. Application. This standard applies specified in (c) have been made. storage conditions on which the figures to trucks with a GVWR of 10,000 pounds 55.1.2 Owner’s manual. Each vehicle for gross camper weight and center of or less, to campers, and to incomplete manufacturer shall include in a manual gravity location are based, including the vehicles intended for completion as furnished with the vehicle the following maximum recommended cargo weight trucks or multipurpose passenger vehi­ information: for each storage compartment; and cles with a GVWR of 10,000 pounds or (a) A reproduction of the placard re­ (c) A sketch or drawing illustrating less. quired pursuant to S5.1.1 ; and the location and recommended distribu­ 54. Definitions. (b) A sketch or illustration of the tion of load for each cargo compartment. “ Camper” means a structure designed truck visually depicting the spatial limits 55.3.4 Compartment label. A label to be loaded onto or affixed to a com­ defined pursuant to S5.1.1(c), the loca­ shall be permanently affixed to the inte­ pleted motor vehicle or a chassis-cab tion of the reference points specified in rior of each cargo compartment of the to provide sleeping or office facilities. S5.1.1 (c), and the directions and distance camper, visible from the compartment “Center of gravity” means the^ single from the reference points specified on exterior in the absence of a compart­ point at which the entire weight of one the placard. ment door, or when any compartment or more objects is assumed to be concen­ 55.2 Incomplete vehicles. Each in­ door is open, that specifies the maximum trated for the purpose of computing the complete vehicle manufacturer shall, for moment of gravitational forces about each incomplete vehicle with which a recommended weight for a load placed in any axis. document must be furnished pursuant to the compartment.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 PROPOSED RULE MAKING 6839

{TRUCK MANUFACTURER’S NAME) Regulations for the Federal Savings and Loan System (12 CFR Parts 545, 556) for the purpose of liberalizing the require­ sBceMTOEu location for truck, cargo center of gravitt ments which must be met for a Federal *aVt» indlcatea ■fihe manufacturer’ s recommenclecL lim its fo r location. O f tli9 savings and loan association to be eligible Cargo o f gravity* a t the indicated percentages o f rated load. to have a branch office application con­ sidered by the Board. Accordingly, the 50# CAPACITI 75# CABLOTTI 100# CAPACITI Federal Home Loan Bank Board proposes | ------I B S . CARGO - I B S . CARGO . IRS. CARGO to amend said Parts 545 and 556, as DIRECTION 1 DISTANCE RANGE DISTANCE RANGE DISTANCE RANGE follows: 1. Amend Part 545 by revising para­ LONGITUDINAL (A ) T 1 *rtf. . TO TNV .50 -UT. graph (b) of § 545.14 thereof to read as follows: IATERAL (B> „ vnrt , wt nr. ,®> .nr. § 545.14 Branch office. VERTICAL (A) - ...... TG ______w . ' t g ______n r * .50 .nr. * *

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6840 PROPOSED RULE MAKING applicant association meets all of the [12 CFR Parts 582, 582b 1 § 5821).2 Policy with respect to inner- eligibility requirements contained in [No. 71-322] city branch offices. subparagraphs (1) through (4) of As a general policy under § 582.1(b) of § 545.14(b) of this chapter. However, DISTRICT OF COLUMBIA SAVINGS this chapter, the Board will not consider under the proviso to paragraph (b) of AND LOAN OFFICES or process any application by an associ­ § 545.14 of this chapter, the Board may, Eligibility Requirements for Branch ation for permission to establish a branch in its discretion, permit the considération office unless the applicant association and processing of particular branch Office Applications meets all of the eligibility requirements applications even if the applicant associ­ contained in subparagraphs (1) through ation fails to meet the eligibility require­ M arch 31, 1971. Resolved that the Federal Home Loan (4) of § 582.1(b) of this chapter. How­ ments contained in subparagraph (1) of ever, under the proviso to paragraph (b) § 545.14(b) of this chapter. Bank Board considers it advisable to amend Parts 582 and 582b of the Regu­ of § 582.1 of this chapter, the Board may, (ii) It is the intention of the Board in its discretion, permit the consideration to permit this special treatment in con­ lations for District of Columbia Savings and Loan Offices (12 CFR Parts 582t and processing of particular branch ap­ nection with applications for branches to plications even if the applicant associa­ serve low-income, inner-city areas which 582b) for the purpose of liberalizing the requirements which must be met for a tion fails to meet the eligibility require­ are inadequately served by existing sav­ ments contained in subparagraph (1) of ings and loan facilities. Applicant asso­ District of Columbia savings and loan association to be eligible to have a.branch § 582.1(b) of this chapter. It is the in­ ciations wishing such special treatment office application considered by the tention of the Board to permit this spe­ with respect to a particular application Board. Accordingly, the Federal Home cial treatment in connection with appli­ must furnish the Supervisory Agent with Loan Bank Board proposes to amend said cations for branches to serve low-income, detailed information demonstrating that Parts 582 and 582b, as follows: inner-city areas which are inadequately 1. Amend Part 582 by revising para­ served by existing savings and loans the application (or a prior branch appli­ facilities. Applicant associations wishing cation, if less than 4 months have expired: graph (b) of § 582.1 thereof to read as follows: . such special treatment with respect to a from the date of publication of notice particular application must furnish the thereof) is for a branch office (a) to be § 582.1 Branch offices. , Supervisory Agent with detailed in­ located within an area characterized by * * * * * formation demonstrating that the ap­ substandard family incomes, chronically (b) Eligibility. An association shall beplication (or a prior branch applica­ tion, if less than 4 months have ex­ high unemployment, a high percentage eligible to have an application for permis­ sion to establish a branch office consid­ pired from the date of publication of welfare recipients, and substandard ered and processed only if, at the date on of notice thereof) is for a branch of­ housing, and (b) to fulfill the objectives which such application is filed with the fice (a) to be located within an area of facilitating the granting of loans in Board: characterized by substandard family in­ such area, particularly for construction (1) The association does not have on comes, chronically high unemployment, file with the Board more than one such a high percentage of welfare recipients, or rehabilitation of housing, stimulat­ and substandard housing, and (b) to ful­ ing thrift and providing financial guid­ application, excluding any application as to which more than 4 months have fill the objectivés of facilitating the ance among low-income residents of such elapsed since the date of publication of granting of loans in such area, particu­ area, and providing opportunities for notice thereof; larly for construction or rehabilitation employment or job training for residents (2) More than 12 months have elapsed of housing, stimulating thrift and pro­ of such area. If the .Supervisory Agent since the date of disapproval by the viding financial guidance among low- Board of an application to serve any sub­ income residents of such area, and pro­ is- satisfied that the above criteria for viding Opportunities for employment or special treatment of the application have stantial part of the same savings service area, as determined by the Supervisory job training for residents of such area. been met, he may determine that the Agent, but this requirement shall be If the Supervisory Agent is satisfied that association is eligible under § 545.14(g) applicable only if the association has filed the above criteria for special treatment of this chapter, and the application may two applications to serve any substantial of the application have been met, he be processed as provided therein. part of such savings service area within may determine that the association is the 12 months preceding such date of eligible under § 582.1(g) of this chap­ (Sec. 5, 48 Stat. 132, as amended; 12 Ü.S.C. ter, and the application may be processed 1464. Reorg. Plan No. 3 of 1947, 12 P.R. 4981, disapproval and both such applications 3 CFR, 1943-48 Comp., p. 1071) have been disapproved by the Board; as provided therein. (3) The sum of the applicant associa­ (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. Resolved further that interested per­ 1464. Reorg. Plan No. 3 of 1947, 12 F.R. 4981, tion’s reserves and surplus is equal to at 3 CFR, 1943—48 Comp., p. 1071) sons are invited to submit written data, least 3 percent of its savings accounts; views, and arguments to the Office of (4) The association submits in support Resolved further that interested per­ the Secretary, Federal Home Loan Bank of its application evidence giving reason­ sons are invited to submit written data, Board, 101 Indiana Avenue NW., Wash­ able assurance, in the judgment of the views, and arguments to the Office of the ington, DC 205527 by May 10, 1971, as Supervisory Agent, that the proposed Secretary, Federal Home Loan Bank branch office, if approved, will be opened Board, 101 Indiana Avenue NW., Wash­ to whether this proposal should be ington, DC 20552, by May 10, 1971, as to adopted, rejected, or modified. Written within 12 months after the date of ap­ proval by the Board, or, if the proposed whether this proposal should be adopted, material submitted will be available for branch office is to be located in a shop­ rejected, or modified. Written material public inspection at the above address ping center having not less than 400,000 submitted will be available for public in­ unless confidential treatment is requested square feet of shopping space, within 24 spection at the above address unless con­ months after the date of approval by the fidential treatment is requested or the or the material would not be made avail­ material would not be made available to able to the public or otherwise disclosed Board: the public or otherwise disclosed under under § 505.6 of the general regulations Provided, however, That the Board may, § 505.6 of the general regulations of the of the Federal Home Loan Bank Board with respect to a particular application, Federal Home Loan Bank Board (12 CFR (12 CFR 505.6). determine to consider and process that 505.6). application without regard to the eligi­ By the Federal Home Loan Bank bility requirements contained in subpar­ By the Federal Home Loan Bank Board. agraph (1) of this paragraph. Board. [ seal] Jack Carter, * * * * * [seal] Jack Carter, Secretary. Secretary. 2. Amend Part 582b by revising ]FR Doc.71-4974 Filed 4-8-71;8:48 am] § 582b.2 to read as follows: [FR Doc.71-4975 Filed 4- 8- 71;8:48 am]

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6841

N otices

pursuant to § 153.15(b) of the Customs Tri-State Horse, Ponies and Mule Sale Co., DEPARTMENT OF THE TREASURY Regulations (19 CFR 153.15(b)). Bude, Miss. Cleveland Livestock Auction Co., Inc., Cleve­ Office of the Secretary [ seal] Eugene T. R ossides, land, Tenn. Assistant Secretary of the Treasury. Wisconsin Feeder Pig Marketing, Cooperative, MICROANALYZERS FROM JAPAN Lancaster, Wis. [FR Doc.71-4998 Filed 4-8-71;8:51 am] Notice of Discontinuance of Notice is hereby given, therefore, that Antidumping, Investigation the said Chief, pursuant to authority SHEET GLASS FROM BELGIUM delegated under the Packers and Stock- April 1, 1971. Determination of Sales at Not Less yards Act, 1921, as amended (7 U.S.C. On January 9, 1971, there was pub­ 181 et seq.), proposes to issue a rule Than Fair Value lished in the F ederal R egister a “Notice designating the stockyards named above of Intent to Discontinue Antidumping A pril 6, 1971. as posted stockyards subject to the pro­ Investigation” of electron probe micro­ On January 8, 1971, there was pub­ visions of the Act as provided in section analyzers manufactured by Hitachi, lished in the F ederal R egister a “Notice 302 thereof. Ltd., Tokyo, Japan. of Tentative Negative Determination” Any person who wishes to submit writ­ The statement of reasons for intend­ that sheet glass from Belgium is not ten data, views, or arguments concerning ing to discontinue this investigation was being, nor likely to be, sold at less than the proposed rule, may do so by filing published in the above-mentioned notice, fair value within the meaning of section them with the Chief, Registrations, and interested parties were afforded until 201(a) of the Antidumping Act, 1921, as Bonds, and Reports Branch, Packers and January 23, 1971, to make written sub­ amended (19 U.S.C. 160(a)) (referred Stockyards Administration, U.S. Depart­ missions or requests for an opportunity to in this notice as the “Act” ) . ment of Agricultûre, Washington, D.C. to present views in connection with the The statement of reasons for the ten­ 20250, within 15 days after publication intended action. No written submissions tative determination was published in in the F ederal R egister. or requests having been received and the above-mentioned notice and inter­ All written submissions made pursuant for the reasons stated in-the Notice of ested parties were afforded an oppor­ to this notice shall be made available Intent to Discontinue the Antidumping tunity to make written submissions and for public inspection at such times and Investigation, I hereby discontinue the requests to present oral views in con­ places in a manner convenient to the antidumping investigation of electron nection with the tentative determination. public business (7 U.S.C. 1.27(b)). probe microanalyzers manufactured by Presentations were made by the at­ Hitachi, Ltd., Tokyo, Japan. Done at Washington, D.C., this 5th torneys for both the complainant and day of April 1971. This “Notice of Discontinuance of the Belgian manufacturer. Upon review Antidumping Investigation” is published of these presentations and for the rea­ G. H. H opper, pursuant to § 153.15(b) of the Customs sons stated in the tentative determina­ Chief, Registrations, Bonds, and Regulations (19 CFR 153.15(b) ). tion, I hereby determine that sheet glass Reports Branch, Livestock Marketing Division. [seal] Eugene T. R ossides, from Belgium is not being, nor likely to Assistant Secretary of the Treasury. be, sold at less than fair value (section [FR Doc.71-4994 Filed 4-8-71;8:50 am] 201(a) of the Act; 19 U.S.C. 160(a)). [FR Doc.71-5000 Filed 4-8-71;8:51 am] This determination is published pur­ suant to section 201(c) of the Act (19 HOPE LIVESTOCK COMMISSION CO. PRECISION MINIATURE AND INSTRU­ U.S.C. 160(c)) and § 153.33(c), Customs ET AL. Regulations (19 CFR 153.33(c)). MENT BALL BEARINGS FROM JAPAN Deposting of Stockyards - [ seal] Eugene T . R ossides, Notice of Discontinuance of Assistant Secretary of the Treasury. It has been ascertained, and notice is Antidumping Investigation hereby given, that the livestock markets [FR Doc.71-4999 Filed 4-8-71;8:51 am] named herein, originally posted on the A pril 6, 1971. respective dates specified below as being On January 9, 1971, there was pub­ subject to the Packers and Stockyards lished in the Federal R egister a “Notice Act, 1921, as amended (7 U.S.C. 181 et of Intent to Discontinue Antidumping DEPARTMENT OF AGRICULTURE seq.), no longer come within the defini­ Investigation” of precision miniature and Packers and Stockyards tion of a stockyard under said Act and instrument ball bearings from Japan. are, therefore, no longer subject to the . The statement of reasons for intend- Administration provisions of the Act. mg to discontinue this investigation was HAMILTON STOCKYARDS, INC., Name, location of stockyard, and date published in the above-mentioned notice, of posting and interested parties were afforded ET AL. until January 23, 1971, to make written Hope Livestock Commission Co., Hope, Ark., Proposed Posting of Stockyards Dec. 18, 1958. submissions or requests for an oppor­ The Chief, Registrations, Bonds, and Wray Livestock Commission Company, Wray, tunity to present views in connection Reports Branch, Packers and Stockyards Colo., Mar. 5, 1957. with the intended action. No written sub­ Middlesex Livestock Auction, Middlefield, Administration, U.S. Department of Conn., July 6, 1964. missions or requests having been received Agriculture, has information that the Tama Livestock Auction Co., Tama, Iowa, and for the reasons stated in the Notice livestock markets named below are stock- May 20, 1959. °f Intent to Discontinue Antidumping yards as defined in section 302 of the Meade Livestock Commission Company, Investigation, I hereby discontinue the Packers and Stockyards Act, 1921, as Meade, Kans., Apr. 12, 1950. amended (7 U.S.C. 202), ancTshould be Kennett Auction Co., Kennett Square, Pa., antidumping investigation of precision made subject to the provisions of the Jan.29, 1960. miniature and instrument ball bearings Act. from Japan. Notice or other public ’procedure has Hamilton Stockyards, Inc., Hamilton, Ala. not preceded promulgation of the fore­ This “Notice of Discontinuance of Middlesex Livestock Auction, Middlefield, going rule since it is found that the Antidumping Investigation” is published Conn. giving of such notice would prevent the

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 No. 69—Pt. I---- 4 6842 NOTICES due and timely administration of the mineral oil as a diluent carrier in the The Food and Drug Administration Packers and Stockyards Act and would, manufacturing process of feed grade concludes that: (1) The longer-acting therefore, be impracticable and contrary biuret. insulins listed above are effective for the treatment of .diabetes mellitus to regu­ to the public interest. There is no legal Dated: March 31,1971. warrant or justification for not deposting late hyperglycemia after the patient has promptly a stockyard which is no longer R. E. D uggan, been stabilized on regular insulin and within the definition of that term con­ Acting Associate Commissioner it is desirable to shift to a longer-acting tained in the Act. for Compliance. insulin, and (2) high-potency insulin The foregoing is in the nature of a rule [FR Doc.71-4949 Filed 4-8-71;8:46 am] injection is effective for the treatment granting an exemption or relieving a of diabetes mellitus to enable larger doses restriction and, therefore, may be made to be administered subcutaneously in a effective in less than 30 days after pub­ UNION CARBIDE CORP. reasonable volume to patients with sus­ lication in the F ederal R egister. This tained, rather than temporary (such as notice shall become effective upon publi­ Notice of Filing of Petition for Food with ketosis or infection), resistance to cation in the Federal R egister (4 -9 -7 1 ). Additives insulin and whose daily requirement is more than 200 units. The high-potency (42 Stat. 159, as amended and supplemented; Pursuant to provisions of the Federal 7 U.S.C. 181 et seq.) drug is also effective for insulin shock Food, Drug, and Cosmetic Act (sec. 409 therapy. (b)(5), 72 Stat. 1786; 21 U.S.C. 348(b) Such preparations are considered new Done at Washington, D.C.-, this 5th day (5)), notice is given that a petition (FAP of April 1971. drugs for which approved new-drug ap­ 1B2648) has been filed by Union Carbide plications are required. They are also G. H. H opper, Corp., Chemicals and Plastics, River subject to the insulin certification pro­ Chief, Registrations, Bonds, and Road, Bound Brook, N.J. 08805, propos­ cedures pursuant to section 506 of the Reports Branch, Livestock ing that § 121.2514 Resinous and pol­ Federal Food, Drug, and Cosmetic Act. Marketing Division. ymeric coatings (21 CFR 121.2514) be Requests for certification of such drugs [FR Doc.71-4995 Filed 4-8-71;8:50 am] amended to provide for .the safe use of should include labeling which is. in ac­ vinyl chloride - vinyl acetate - glycidyl cord with (1) this réévaluation of the methacrylate copolymers as components drugs; (2) all requirements of the Act of resinous and polymeric coatings in­ and regulations, including § 164.6 (21 DEPARTMENT OF COMMERCE tended to contact food. CFR 164.6) which sets forth specific Dated: April 2,1971. labeling requirements for insulin-con­ Office of the Secretary taining drugs; and (3) the Academy’s Virgil O. W odicka, comments (where applicable). The la­ [Dept. Organization Order 40-7] Director, Bureau of Foods. beling for* each kind of insulin should OFFICE OF PUBLIC AFFAIRS FOR [FR Doc.71-4950 Filed 4-8-71;8:46 am] include information indicating the time DOMESTIC AND INTERNATIONAL of onset of action, peak of activity, and [DESI 4286] duration of effect. BUSINESS A copy of the appropriate report has Organization and Functions; CERTAIN INSULIN PREPARATIONS been furnished to each firm referred to Revocation above. Any other interested person may Drugs for Human Use; Drug Efficacy obtain a copy by request to the office Study Implementation The Secretary of Commerce abolished named below. the Office of Public Affairs for Domestic The Food and Drug Administration and International Business, effective Communications forwarded in re­ has evaluated reports received from the sponse to this announcement should be March 17, 1971. This action rescinds National Academy of Sciences-National Department Organization Order 40-7 of identified with the reference number Research Council, Drug Efficacy Study DESI 4286, directed to the attention of April 21, 1970 (35 F.R. 7027 of May 2, Group, on the following drugs: 1970)'. the following appropriate office, and ad­ I. Longer-A cting Insulins Dated: April 5, 1971. dressed (unless otherwise specified) to 1. Semilente Hetin (prompt insulin the Food and Drug Administration, 5600 Larry A. Jobe, zinc suspension), Eli Lilly and Co., Post Fishers Lane, Rockville, Md. 20852: Assistant Secretary Office Box 618, Indianapolis, Indiana for Administration. Supplements (identify with NDA number) : 46206 (NDA 10-967). Office of Scientific Evaluation (BD-100), [FR Doc.71-4941 Filed 4-8-71;8:45 am] 2. Ultralente Hetin (extended insulin Bureau of Drugs. zinc suspension), Eli Lilly and Co. (NDA Requests for NAS-NRC report: Press Rela­ 10-966). tions Office (CE—200), Food and Drug Ad­ 3. Lente Hetin, Pork Lente Hetin, and ministration, 200 C Street SW., DEPARTMENT OF HEALTH, Washington, D.C. 20204. Special Lente Hetin (insulin zinc sus­ All other communications regarding this an­ pension) , Eli Lilly and Co. (NDA 9-300). nouncement: Drug Efficacy Study Imple­ EDUCATION, AND WELFARE 4. NPH Hetin, Pork NPH Hetin, and mentation Project Office (BD-5), Bureau Special NPH Hetin (isophane insulin of Drugs. Food and Drug Administration suspension), Eli Lilly and Co. (NDA This notice is issued pursuant to pro­ DOW CHEMICAL CO. 7-514) (two reports). 5. NPH Insulin (isophane insulin sus­ visions of the Federal Food, Drug, and Notice of Filing of Petition for Food pension), E. R. Squibb and Sons, Inc., Cosmetic Act (secs. 502, 505, 506, 52 Stat. Additive Mineral Oil Georges Road, New Brunswick, N.J. 1050-53, as amended, 55 Stat. 851; 21 Pursuant to provisions of the Federal 08903 (NDA 7-678). U.S.C. 352, 355, 356) and undèr author­ Food, Drug, and Cosmetic Act (sec. 409 6. Globin Insulin with Zinc (globin ity granted to the Commissioner of Food (b)(5), 72 Stat. 1786; 21 U.S.C. 348(b) zinc insulin injection), Burroughs Well­ and Drugs (21 CFR 2.120) . come and Company, 1 Scarsdale Road, (5 )), notice is given that a petition (MF- Dated: March 22,1971. 3370V) has been filed by The Dow Chem­ Tuckahoe, New York 10707 (NDA 4-286). ical Co., Post Office Box 1706, Midland, II. H igh P otency I nsulin Sam D. F ine, Associate Commissioner Mich. 48640, proposing that the food ad­ Regular (Concentrated) Hetin and for Compliance. ditive regulations (21 CFR Part 121) be Pork (Concentrated) Hetin (insulin in­ amended to provide for the safe use of jection), Eli Lilly and Co. (NDA 8-256). [FR Doc.71-4951 Filed 4-8-71; 8:46 am]

FEDERAL REGISTER, V O L 36, NO. 69— FRIDAY, APRIL 9, 1971 NOTICES 6843

IDESI 5897; Docket No. FDC-D-265; NDA West-Ward, Inc. Folic Acid 5-897, etc.] Williams Chemical Co. Winsale Drug Co. description FOLIC ACID PREPARATIONS, ORAL (To be supplied by the manufacturer. This AND PARENTERAL FOR THERA­ The drugs are regarded as new drugs is to 1 be confined to an appropriate descrip­ (21 U.S.C. 321(p)). Supplemental new- tion of the physical and chemical properties PEUTIC USE drug applications are required to revise of the drug, and the formulation.) the labeling in and to update previously Drugs for Human Use; Drug Efficacy ACTIONS approved applications providing for such Study Implementation drugs. A new-drug application is re­ (To be supplied by the manufacturer. This is to be confined to- an appropriate statement The Food and Drug Administration quired from any person marketing such of the demonstrated pharmacologic/physio- has evaluated reports received from the drugs without approval. logic actions of the active ingredients of the National Academy of Sciences-National The Food and Drug Administration is drug in humans. When the mode of action Research Council, Drug Efficacy Study prepared to approve new-drug applica­ has not been determined, this should be Group, on the following folic acid tions and supplements to previously ap­ clearly indicated.) preparations: proved new-drug applications under con­ INDICATIONS 1. a. Folvite Elixir; 5 mg. folio aeid ditions described in this announcement. per 5 cc.; A. Effectiveness classification. The Folic acid is effective in the treatment of Food and Drug Administration has con­ megaloblastic anemias due to a deficiency of b. Folvite Tablets; 5 mg. and 20 mg. folic acid as may be seen in tropical or non­ folic acid per tablet; and sidered the Academy reports, as well as tropical sprue, in anemias of nutritional c. Folvite Parenteral Solution; sodium other available evidence, and concludes origin, pregnancy, infancy, or childhood. folate equivalent to 15 mg. folic acid that: per cc.; marketed by Lederle Labora­ 1. Folic acid is effective for the treat­ WARNINGS tories, Pearl River, New York 10965 ment of megaloblastic* anemias of Folic acid alone is improper therapy in the (NDA 5-897). tropical and nontropical sprue, nutri­ treatment of pernicious anemia and other 2. Folic Acid Tablets; 5 mg. per tablet; tional origin, pregnancy, infancy, and megaloblastic anemias where vitamin B12 is marketed by Eli Lilly and Co., Box 618, childhood. deficient. Indianapolis, Indiana 46206 (NDA 2. There is a lack of substantial evi­ PRECAUTIONS 6-135). dence that folic acid is effective for the Folic acid especially in doses above 1.0 mg. 3. Folic Acid Injection; 15 mg. folic following labeled indications: “macro­ daily may obscure pernicious anemia, in that cytic anemias associated with pellagra hematologic remission may occur while neu­ acid, as the sodium salt, per' cc.; mar­ rological manifestations remain progressive. keted by S. F. Durst and Co., Inc., 5317 and similar deficiency states” and such North Third Street, Philadelphia, vague, unspecific conditions as “macro­ ADVERSE REACTIONS Pennsylvania 19120 (NDA 6-338). cytic anemia of gastrointestinal origin” Allergic sensitization has been reported In addition to the above products, folic and “megaloblastic anemias other than following both oral and parenteral adminis­ acid preparations for therapeutic use pernicious anemia.” tration of folic acid. are marketed by other firms. A partial The Food and Drug Administration DOSAGE AND ADMINISTRATION list of other suppliers of folic acid prepa­ also concludes that there is no evidence that doses of folic acid greater than 1 Oral administration: Folic acid is well ab­ rations limited to prescription dispens­ sorbed and may be administered orally with ing, as indicated in readily available mg. daily have greater efficacy than do satisfactory results except in severe instances reference sources, is as follows: those of 1 mg. Further, the usual thera­ of intestinal malabsorption. ABA Pharmaceutical Co., Division of Bergher peutic dose, oral or parenteral, should be Parental administration: Intramuscular, Distributing Co. 0.25 mg. to 1.0 mg. daily, and the mainte­ intravenous, and subcutaneous routes may American Pharmaceutical Co. nance dose should ordinarily be 0.1 to be used if the disease is exceptionally severe, American Drug Products. 0.25 mg. daily. Administration of higher or if gastrointestinal absorption may be, or American Quinine Co. doses greatly increases the possibility of is known to be, impaired. Approved Pharmaceutical Corp. Usual therapeutic dosage: In adults: 0.25 masking vitamin B-12 deficiencies and mg. to 1.0 mg. daily. In Children (regardless Arcum Pharmaceutical Corp. the insidious development of or precipi­ Associated Labs., Inc. of age) : 0.25 to 1.0 mg. daily. Resistant cases Barre Drug Co., Inc., The. tation of neurological manifestations may require larger doses. Barry-Martin Pharmaceuticals, Inc. and/or lesions. Maintenance dosage: When clinical symp­ Bell Pharmacal Co. Preparations supplying no more than toms have subsided and the blood picture Carroll Chemical Co., The. 0.1 mg. folic, acid daily continue to be has become normal, a maintenance dose of Columbia Medical Co. regarded as dietary supplements (21 0. 1 mg. to 0.25 mg. daily should be used, but Consolidated Midland Corp., CMC Research CFR 3.42) and may be prescribed when never less than 0.1 mg. per day. Patients Division. a maintenance dose of 0.1 mg. a day is should be kept under close supervision and Corvit Pharmaceuticals. adjustment of the maintenance dose made Daniels, Robert and Co., Inc. indicated. if relapse appears imminent. DuMont Pharmacal Co. B. Form of drug. Folic acid prepara­ In the presence of alcoholism, pregnancy, Evron Pharmaceutical Co., Inc. tions are in (1) tablet form suitable for hemolytic anemia, anticonvulsant therapy, Paraday Laboratories, Inc. oral administration and contain no less or chronic infection, the maintenance dose Gold Leaf Pharmacal Co., Inc. than 0.15 mg. and no more than 1.0 mg. should be at least doubled. Gotham Pharmaceutical Co., Inc. folic acid per tablet or (2) solution form Halsey Drug Co., Inc. D. Previously approved applications. Harvey Labs., Inc. suitable for parenteral administration in 1. Each holder of a “deemed approved” Jan Labs. the dosages recommended in the labeling new-drug application (i.e., an application Kirkman Labs., Inc. guidelines below. which became effective on the basis of Lannett Co., Inc. C. Labeling conditions. 1. The. label safety prior to October 10,1962) for such Lit Drug Co. bears the statement “Caution: Fed­ drug is requested to seek approval of the Lustgarten Laboratories, Inc. eral law prohibits dispensing without Mifflin, McCambridge CO., Inc. claims of effectiveness and bring the ap­ Penhurst Pharmacal Co. prescription.” plication into conformance by submitting Pharmex, Inc. 2. The drug is labeled to comply with supplements containing: Preston Franklin Pharmacal Oo. all requirements of the Act and regula­ a. Revised labeling as needed to con­ Richlyn Labs. tions promulgated thereunder, and those form to the labeling conditions described Robinson Laboratory, Inc. parts of its labeling indicated below are herein for the drug, and complete cur­ Spencer-Mead, Inc. Stanlabs, Inc. substantially as follows: (Optional addi­ rent container labeling, unless recently Supreme Pharmaceutical Co., Inc. tional information, applicable to the submitted. Thompson, Wm. T., Co. drug, may be proposed under other b. Updating information as needed to Towne, Paulson and Co., Inc. appropriate paragraph headings and provide for an oral dosage form contain­ Vitamin Research Corp. should follow the information set forth ing no less than 01.5 mg. and no more Vita-Fore Products Oo. below.) than 1.0 mg. folic acid per tablet or a

\

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6844 NOTICES parenteral dosage form containing an d. The application has not been ruledthe use provided for in this announce­ amount appropriate for administration incomplete or unapprovable. ment, appropriate additional information as described herein, and to make the ap­ F. Opportunity for a hearing. 1. The as described in § 130.4 or § 130.9 of the plication current in regard to items 6 Commissioner of Food and Drugs pro­ regulations (21 CFR 130.4,130.9) may be (components), 7 (composition), and 8 poses to' issue an order under section required, including results of animal and (methods, facilities, and controls) of the 505(e)- of the Federal Food, Drug, and clinical tests intended to show whether new-drug application form FD-356H to Cosmetic Act withdrawing approval of the drug is safe and effective. the extent described for abbreviated new- all new-drug applications and all amend­ Representatives of the Administration drug applications, § 130.4(f), published ments and supplements thereto provid­ •are willing to meet with any interested in the Federal R egister April 24, 1970 ing for the indications for which sub­ person who desires to have a conference (35 F.R. 6574). (One supplement may stantial evidence of effectiveness is lack­ concerning proposed changes in the contain all the information described in ing as described in paragraph A2 of this labeling set forth herein. Requests for this paragraph.) announcement. An order withdrawing such meetings should be made to the Of­ 2. Such supplements should be sub­ approval of the applications will not is­ fice of Scientific Evaluation at the ad­ mitted within the following time periods sue if *such applications are supple­ dress given below, within 30 days after after the date of publication of this no­ mented, in accord with this notice, to the publication of this notice in the Fed­ tice in the F ederal R egister : delete such indications. Promulgation of eral R egister. a. 60 days for revised labeling; or, for the proposed order would cause any such A copy of the NAS-NRC report has those products which must be reformu­ drug for human use offered for the in­ been furnished to each firm referred to lated, 180 days for revised labeling fully dications for which substantial evidence above. Any other interested person may in accord with this announcement, pro­ of effectiveness is lacking, to be a new obtain a copy by request to the appropri­ vided claims for which substantial evi­ drug for which an approved new-drug ate office named below. dence of effectiveness is lacking are application is not in effect. Any such Communications forwarded in re­ deleted within 60 days. The supplements drug then on the market would be sub­ sponse to this announcement should be should be submitted under the provisions ject to regulatory proceedings. identified with the reference number of § 130.9 (d) and (e) of the new-drug 2. In accordance with the provisions DESI 5897, directed to the attention of regulations (21 CFR 130.9) which permit of section 505 of the Act (21 U.S.C. 355) the following appropriate office, and ad­ certain changes to be put into effect at and the regulations promulgated there­ dressed (unless otherwise specified) to the earliest possible time. under (21 CFR Part 130), the Commis­ the Food and Drug Administration, 5600 b. 180 days for updating information. sioner will give the holders of any such Fishers Lane, Rockville, Maryland 20852 : 3. Marketing of the drug may continue applications, and any interested person Supplements (identify with NDA number) : until the supplemental applications sub­ who would be adversely affected by such - Office of Scientific Evaluation (BD-100), mitted in accord with the preceding sub- an order, an opportunity for a hearing Bureau of Drugs. paragraphs 1 and 2 are acted upon, to show why such indications should not Original abbreviated new-drug applications provided that the labeling of the prepa­ be deleted from labeling. A request for a (identify as such) : Drug Efficacy Study Implementation Project Office (BD-5), Bu­ ration shipped within the jurisdiction of hearing must be filed within 30 days after reau of Drugs. the Act is in accord with the labeling the date of publication of this notice in Request for Hearing (identify with Docket conditions described in this announce­ the Federal R egister. A request for a number) : Hearing Clerk, Office of Gen­ ment wthin the time periods described hearing may not rest upon mere allega­ eral Counsel (G C-1), Room 6-62, Parklawn. in subparagraph 2a. tions or denials, but must set forth spe­ All other communications regarding this an­ E. New applications. 1. Any person whocific facts showing that a genuine and nouncement: Drug Efficacy Study Imple­ distributes or intends to distribute such substantial issue of fact requires a hear­ mentation Project Office (BD-5), Bureau of Drugs. drug which is intended for the conditions ing, together with a well-organized and Requests for NAS-NRC report: Press Rela­ of use for which it has been shown to full-factual analysis of the clinical and tions Office (CE—200), 200 C Street SW., be effective, as described under A1 above, other investigational data the objector Washington, D.C. 20204. should submit an abbreviated new-drug is prepared to prove in a hearing. Any application meeting the conditions spec­ data submitted in response to this notice This notice is issued pursuant to pro­ ified in § 130.4(f) (1) and (2), published must be previously unsubmitted and in­ visions of the Federal Food, Drug, and in the F ederal R egister April 24, 1970 clude data from adequate and well- Cosmetic Act (secs. 502, 505, 52 Stat. (35 F.R. 6574). Such applications should controlled clinical investigations (iden­ 1050-53, as amended; 21 U.S.C. 352, 355) include proposed labeling which is in tified for ready review) as described in and under authority delegated to the accord with the labeling conditions de­ § 130.12(a) (5) of the regulations pub­ Commissioner of Food and Drugs (21 scribed herein. lished in the F ederal R egister of May 8, CFR 2.120). 2. Distribution of any such prepara­ 1970 (35 F.R. 7250). Carefully conducted Dated: March 19,1971. tion currently on the market without an and documented clinical studies obtained under uncontrolled or partially controlled S am D. Fine, approved new-drug application may be Associate Commissioner continued provided that: situations are not acceptable as a sole for Compliance. a. Within 60 days from the date of basis for approval of claims of effective­ publication of this announcement in the ness, but such studies may be considered [FR Doc.71-4952 Filed 4-8-71:8:46 am] Federal R egister, the labeling of such on their merits for corroborative support preparation shipped within the jurisdic­ of efficacy and evidence of safety. If a [DESI 10423] tion of the Act is in accord with the hearing is requested and justified by the LEVALLORPHAN TARTRATE labeling conditions described herein, ex­ response to this notice, the issues will be cept that if the preparation must be re­ defined, a hearing examiner will be INJECTION formulated, 180 days will be allowed for named, and he shall issue a written no­ Drugs for Human Use; Drug Efficacy the dosage recommendations to be in tice of the time and place at which the Study Implementation accord with this announcement. hearing will commence. b. The manufacturer, packer, or dis­ G. Unapproved use or form of drug. The Food and Drug Administration tributor of such drug submits, within 1. If the article is labeled or advertised has evaluated a report received from the 180 days from the date of this publica­ for use in any condition other than those National Academy of Sciences-Nationai tion, a new-drug application to the Food provided for in this announcement, it Research Council, Drug Efficacy Study and Drug Administration. may be regarded as an unapproved new Group, on the following drug for intra­ c. The applicant submits within a drug subject to regulatory proceedings venous use: . . reasonable time additional information until such recomended use is approved Lorfan Injection, containing levai- that may be required for the approval of in a new-drug application, or is other­ lorphan tartrate; Roche Laboratories* the application as specified in a written wise in accord with this announcement. Division of Hoffman-LaRoche, Inc., 34U communication from the Food and Drug 2. If the article is proposed for market­Kingsland Street, Nutley, New Jersey Administration. ing in another form or for use other than 07110 (NDA 10-423).

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 NOTICES 6845

Such drugs are regarded as new drugs has been classified as probably effective top and two chevrons, pointing down­ (21 U.S.C. 321 (p) ) . Supplemental new- (included in the “Indications” section ward, directly below, The upper chevron drug applications are required to revise above) and possibly effective (not in­ is blue, the lower red. Proportionate the labeling in and to update previously cluded in the “Indications” section dimensions (the hoist of 4 feet being approved applications providing for such above), continued use as described in equal in proportion to the figure 1.0) are: drugs. A new-drug application is required paragraphs (c), (d), (e), and (f) of that Hoist, 1.0; fly, 1.5; distance from top of from any person marketing such drug notice. word “Chevron” to tip of lower chevron without approval. A copy of the Academy’s report has (total vertical measurement of design), A. Effectiveness classification. The food been furnished to the firm referred to 0.75; height of lettering in word “Chev­ and Drug Administration has considered above. Any other interested person may ron,” 0.14; width of each stripe in chev­ the Academy’s report, as well as other obtain a copy by request to the Food and ron, 0.21; and length of word “Chevron” available evidence, and concludes that Drug Administration, Press Relations and width of chevrons (total horizontal levallorphan injection is: Office (CE-200), 200 C Street SW., measurement of design), 0.625. 1. Effective for use in the treatment of Washington, D.C. 20204. (b) Funnel mark: The funnel is white narcotic-induced respiratory depression. Communications forwarded in response with a black band around the top 0.11 2. Probably effective for use in the to this announcement should be identi­ times the height of the funnel. The mark treatment Of narcotic overdosage. fied with the reference number DESI consists of the word “Chevron,” in black, 3. Possibly effective for use in the pre­ 10423, directed to the attention of the across the top and two chevrons, point­ vention of narcotic-induced respiratory appropriate office listed below, and ad­ ing downward, directly below. The upper depression. dressed to the Food and Drug Adminis­ chevron is blue, the lower is red. The B. Conditions for approval and mar­ tration, 5600 Fishers Lane, Rockville, length of the word “Chevron” and the keting. The Pood and Drug Administra­ Maryland 20852: width of the chevrons are the same. The tion is prepared to approve abbreviated Supplements (identify with NDA number): width of the mark is 0.5 times the width new-drug applications and abbreviated Office of Scientific Evaluation (BD-100), of the funnel. The height of the mark is supplements to previously approved new- Bureau of Drugs. 1.2 times the width of the mark. Thick­ drug applications under conditions de­ Original abbreviated new-drug applications ness of chevron stripes is 0.34 times the scribed herein. (identify as such): Drug Efficacy Study width of the mark. Height of tallest let­ Implementation Project Office (BD-5), 1. Form of drug. The drug is a sterile Bureau of Drugs. ter in word “Chevron” is 0.23 times the aqueous solution suitable for subcuta­ All other communications regarding this an­ width of the mark. Thickness of letters neous, intramuscular, or intravenous nouncement: Drug Efficacy Study Imple­ is 0.05 times the width of the mark. Tlie administration. mentation Project Office (BD-5), Bureau angle of the chevrons is 140°. The mark 2. Labeling conditions, a. The label of Drugs. is positioned with the tip of the lower bears the statement “Caution: Fed­ This notice is issued pursuant to chevron at approximately half the height eral law prohibits dispensing without of the white portion of the funnel. prescription.” provisions of the Federal Food, Drug, and Cosmetic Act (secs. 502, 505, 52 Stat. (c) A colored scale replica drawing of b. The drug is labeled to comply with the house flag and funnel mark is on file all requirements of the Act and regula­ 1050-53 as amended; 21 U.S.C. 352, 355) and under authority delegated to the with the Office of the Federal Register, tions. The labeling bears adequate infor­ National Archives and Records Service. mation for safe and effective use of the Commissioner of Food and Drugs (21 CFR 2.120). 2. The registration of the house flag drug and is in accord with the guidelines and funnel mark of the Standard Oil for uniform labeling published in the Dated: March 22,1971. Company of California described in Federal R egister of February 6, 1970. S am D. Fine, Treasury Decision 54516 dated Janu­ The “Indications” section is as follows: Associate Commissioner ary 14, 1956, is hereby canceled. I ndications for Compliance. Dated: April 1, 1971. For use In the treatment of significant [FR Doc.71-4953 Piled 4^8-71;8:46 am] narcotic induced respiratory depression and C. R . B ender, in the treatment of narcotic overdosage. Admiral, U.S. Coast Guard, Commandant. (The possibly effective indication may also be included for 6 months.) DEPARTMENT OF [FR Doc.71-4987 Filed 4-8-71:8:50 am] 3. Marketing status. Marketing jof such drugs may be continued under the con­ TRANSPORTATION ditions described in the notice entitled Federal Aviation Administration /Conditions for Marketing New Drugs Coast Guard AREA OFFICES AT FAIRBANKS, Evaluated in Drug Efficacy Study” pub­ [OGFR 70-142] JUNEAU, NOME, AND KING SAL­ lished in the Federal R egister July 14, 1970 (35 F.R. 11273), as follows: STANDARD OIL COMPANY OF MON, ALASKA a. For holders of “deemed approved” CALIFORNIA Notice of Closing hew drug applications (i.e., an applica­ tion which became effective on the basis Notice of Registration of House Flag Notice is hereby given that on or about of safety prior to Oct. 10, 1962), the and Funnel Mark April 2, 1971, the Area Offices at Fair­ banks, Juneau, Nome, and King Salmon, submission of a supplement for revised 1. The Commandant, U.S. Coast labeling and an abbreviated supplement Alaska, will be closed. Services to the Guard, in accordance with the provisions public formerly performed by these tor updating information as described in of 46 CFR 67.87-5, issued under the au­ paragraphs (a)(1) (i) and (iii) of the offices will be coordinated by an Area notice of July 14,1970. thority of the Act of May 28, 1908, as Coordinator at each of these locations. b. For any person who does not hold amended (46 U.S.C. 49), has registered This information will be reflected in the an approved or effective new-drug appli­ the house flag and funnel mark of the FAA Organization Statement the next cation, the submission of an abbreviated Standard Oil Company of California as time it is reissued. new-drug application as described in described below: (Sec. 313(a), 72 Stat.; 49 U.S.C. 1354) Paragraph (a) (3) (i) of that notice. (a) House flag: The house flag is of Issued in Anchorage, Alaska, on c. For any distributor of the drug, the March 23,1971. . se of labeling in accord with this an- white background and is rectangular in ouneement for any such drug shipped shape. The hoist is 4 feet and the fly W illiam P. Comstock, within the jurisdiction of the Act as de- 6 feet. Superimposed and centered on the Brigadier General, U.S. Air in Pa.raSraPh (b) of that notice. white field is a design with the word Force, Acting Director, AL-1. «• For indications for which the drug “Chevron,” in black letters, across the [FR Doc.71-4972 Filed 4-8-71;8:48 am]

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6846 NOTICES

cause why the Board should not adopt Postmaster General believes these serv­ CIVIL AERONAUTICS BOARD the foregoing proposed findings and con­ ices will meet postal needs in the market. clusions and fix, determine, and publish He states the air taxi plans to initiate [Docket No. 28217; Order 71-4-7] the final rate specified above for the mail service with twin-engine Beechcraft COMBS AIRWAYS, INC. transportation of mail by aircraft, the aircraft. . facilities used and useful therefor, and It is in the public interest to fix, deter­ Order To Show Cause Regarding the services connected therewith as speci­ mine, and establish the fair and reason­ Establishment of Service Mail Rate fied above as the fair and reasonable rate able rate of compensation to be paid by of compensation to be paid to Combs the Postmaster General for the proposed Issued under delegated authority, transportation of mail by aircraft, the April 1,1971. Airways, Inc.; ' The Postmaster General filed a notice 2. Further procedures herein shall be facilities used and useful therefor, and of intent March 19, 1971, pursuant to 14 in accordance with 14 CFR Part 302, and the services connected therewith, be­ CFR Part 298, petitioning the Board to notice of any objection to ihe rate or to tween the aforesaid points. Upon con­ establish for the above-captioned air the other findings and conclusions pro­ sideration of the notice of intent and taxi operator, a final service mail rate posed herein, shall be filed within 10 days, other matters officially noticed, it is pro­ of 59.89 cents per great circle aircraft and if notice is filed, written answer and posed to issue an order1 to include the mile for the transportation of mail by supporting documents shall be filed following findings and conclusions: aircraft between Roanoke, Va., and within 30 days after service of this order; The fair and reasonable final service Baltimore, Md., via Lynchburg and 3. If notice of objection is not filed mail rate to be paid -to Gilley Airways Richmond, Va., based on five round trips within 10 days after service of this order, Corp., in its entirety by the Postmaster per w^ek. or if notice is filed and answer is not filed General pursuant to section 406 of the No protest or objection was filed within 30 days after service of this order, Act for the transportation of mail by against the proposed services during the all persons shall be deemed to have aircraft, the facilities used and useful time for filing such objections. The Post­ waived the right to a hearing and all therefor, and the services connected master General states that the Depart­ other procedural steps short of a final therewith, shall be 64.9 cents per great ment and the carrier agree that the decision by the Board, and the Board may circle aircraft mile between Syracuse and above rate is a fair and reasonable rate enter an order incorporating the findings New York City (LGA), N.Y., based on five of compensation for the proposed serv­ and conclusions proposed herein and fix round trips per week. ices. The Postmaster General believes and determine the final rate specified Accordingly, pursuant to the Federal these services will meet postal needs in herein; Aviation Act of 1958, and particularly sections 204(a) and 406 thereof, and reg­ the market. He states the air taxi plans 4. If answer is filed presenting issues to initiate mail service with Beechcraft ulations promulgated in 14 CFR Part for hearing, the issues involved in de­ 302, 14 CFR Part 298, and 14 CFR 18 aircraft. termining the fair and reasonable final It is in the public interest to fix, deter­ 385.16(f): rate shall be limited to those specifically It is ordered, That: mine, and establish the fair and reason­ raised by the answer, except insofar as able rate of compensation to be paid by 1. Gilley Airways Corp., the Postmaster other issues are raised in accordance with General, American Airlines, Inc., Mo­ the Postmaster General for the proposed Rule 307 of the rules of practice (14 CFR transportation of mail by aircraft, the hawk Airlines, Inc., and all other inter­ 302.307); and ested persons are directed to show cause facilities used and useful therefor, and 5. This order shall be served upon why the Board should not adopt the fore­ the services connected therewith, Combs Airways, Inc., the Postmaster going proposed findings and conclusions between the aforesaid points. Upon con­ General, Eastern Air Lines, Inc., National and fix, determine, and publish the final sideration of the notice of intent and Airlines, Inc., Piedmont Aviation, Inc., rate specified above for the transporta­ other matters officially noticed, it is pro­ and United Air Lines, Inc. tion of mail by aircraft, the facilities used posed to issue an order1 to include the and useful therefor, and the services following findings and conclusions: This order will be published in the F ederal R egister. connected therewith as specified above as The fair and reasonable final service the fair and reasonable rate of compen­ mail rate to be paid to Combs Airways, [ seal] H arry J. Zin k , sation to be paid to Gilley Airways Inc., in its entirety by the Postmaster Secretary. Corp.; General pursuant to section 406 of the [FR Doc.71-4981 Filed 4-8-71;8:49 am] 2. Further procedures herein shall be Act for the transportation of .mail by in accordance with 14 CFR Part 302, and aircraft, the facilities used and useful notice of any objection to the rate or to therefor, and the services connected [Docket No. 23232; Order 71-4-20] the other findings and conclusions pro­ therewith, shall be 59.89 cents per great GILLEY AIRWAYS CORP. posed herein, shall be filed within 10 circle aircraft mile between Roanoke, days, and if notice is filed, written answer Va., and Baltimore, Md., via Lynchburg Order To Show Cause Regarding and supporting documents shall be filed and Richmond, Va., based on five round Establishment of Service Mail Rate within 30 days after service of this trips per week flown with Beechcraft 18 order; aircraft. Issued under delegated authority, 3. If notice of objection is not filed Accordingly, pursuant to the Federal April 2,1971. within 10 days after service of this order, Aviation Act of 1958, and particularly The Postmaster General filed a notice or if notice is filed and answer is not sections 204(a) and 406 thereof, and of intent March 24, 1971, pursuant to 14 filed within 30 days after service of this regulations promulgated in 14 CFR Part CFR Part 298, petitioning the Board to order, all persons shall be deemed to 302, 14 CFR Part 298, and 14 CFR establish for the above-captioned air taxi have waived the right to a hearing and 385.16(f): operator, a final service mail rate of 64.9 all other procedural steps short of a final It is ordered, That: cents per great circle aircraft mile for the decision by the Board, and the Board 1. Combs Airways, Inc., the Postmastertransportation of mail by aircraft be­ may enter an order incorporating the tween Syracuse and New York City General, Eastern Air Lines, Inc., National findings and conclusions proposed herein Airlines, Inc., Piedmont Aviation, Inc., (LGA), N.Y., based on five round trips United Air lanes, Inc., and all other in­ per week. and fix and determine the final rate terested persons are directed to show No protest or objection was filed specified herein; against the proposed services during the 1 As this order to show cause is not a final time for filing such objections. The Post­ 1 As this order to show cause is not a final action, it is not regarded as subject to the master General states that the Depart­ action, it is pot regarded as subject to the re­ view provisions of 14 CFR Part 385. These review provisions of 14 CFR Part 385. These ment and the carrier agree that the above provisions will apply to final action taken by provisions will apply to final action taken by the staff Tinder authority delegated In rate is a fair and reasonable rate of com­ the staff under authority delegated iu § 385.16(g). pensation for the proposed services. The § 385.16(g),

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 NOTICES 6847

4. If answer is filed presenting issues New York City (LGA), N.Y., based on Conferences of the International Air for hearing, the issues involyed in de­ five round trips per week. Transport Association (IATA). The termining the fair and reasonable final Accordingly, pursuant to the Federal agreement, which has been assigned the rate shall be limited to those specifically Aviation Act of 1958, and particularly above-designated CAB agreement num­ raised by the answer, except insofar as sections 204(a) and 406 thereof, and reg­ ber, was adopted pursuant to the second other issues are raised in accordance with ulations promulgated in 14 CFR Part meeting of the Cargo Agency Committee Rule 307 of the rules of practice (14 302, 14 CFR Part 298, and 14 CFR held November 2-7, 1970, in Montreal. CFR 302.307); and 385.16(f); The, agreement amends existing IATA 5. This order shall be served on Gilley " It is ordered, That: resolutions relating to reduced rate Airways Corp., the Postmaster General, 1. Gilley Airways ’Corp., the Postmaster transportation for cargo sales agents. American Airlines, Inc., and Mohawk General, American Airlines, Inc., Mo­ These amendments merely clarify the Airlines, Inc. hawk Airlines, Inc., and all other inter­ terms of these resolutions so as to make ested persons are directed to show cause This order will be published in the reference to certain resolutions estab­ why the Board should not adopt the fore­ lished under the relatively new cargo Federal R egister. going proposed findings and conclusions agency program as well as to the older [seal] H arry J. Z in k , and fix, determine, and publish the final program which will run through Febru­ Secretary. rate specified above for the transporta­ ary of 1972 for agents not electing to [PR Doc.71-4982 Piled 4-8-71;8:49 am] tion of mail by aircraft, the facilities become subject to the new program. used and useful therefor, and the serv­ By our action herein, we propose to ices connected therewith as specified approve the instant resolutions, subject [Docket No. 23231; Order 71-4^-21] above as the fair and reasonable rate in two instances to conditions. With GILLEY AIRWAYS CORP. of compensation to be paid to Gilley Air­ respect to the resolutions governing re­ ways Corp.; duced fares for cargo agents, our condi­ Order To Show Cause Regarding 2. Further procedures herein shall be tion would achieve conformity with Establishment of Service Mail Rate in accordance with 14 CFR Part 302, and action taken by the Board in Order notice of any objection to the rate or Issued under delegated authority 69-7-77 (July 16, 1969) in connection to the other findings and conclusions with free or reduced fare concessions for April 2, 1971. proposed herein, shall be filed within 10 travel agents. At that time, we noted that The Postmaster General filed a notice days, and if notice is filed, written answer certain provisions of the passenger sales of intent March 24, 1971, pursuant to and supporting documents shall be filed 14 CFR Part 298, petitioning the Board agency rules had been interpreted to within 30 days after service of this order; permit carriers to provide free trans­ to establish for the above-captioned air 3. If notice of objection is not filed portation to travel agents in the guise of taxi operator, a final service mail rate of within 10 days after service of this order, instructional and educational assistance. 64.9 cents per great circle aircraft mile or if notice is filed and answer is Hot The cargo agency rules, both new and for the transportation of mail by aircraft filed within 30. days after service of this old, contain similar provisions, and we between Albany and New York City order, all persons shall be deemed to have will therefore condition our approval of (LGA), N.Y., based on five round trips waived the right to a hearing and all the resolution governing reduced fares per week. other procedural steps short of a final •for cargo agents so as to likewise pre­ No protest or objection was filed decision by the Board, and the Board clude such interpretation and so as to against the proposed services during the may enter an order incorporating the assure that fare concessions to cargo time for filing such objections. The Post­ findings and conclusions proposed herein agents will be limited to the intended master General states that the Depart­ and fix and determine the final rate spec­ purposes and criteria set forth in the ment and the carrier agree that the ified herein; basic resolution. In regard to our pro­ above rate is a fair and reasonable rate 4. If answer is filed presenting issues posed condition on approval of the reso­ of compensation for the proposed serv­ for hearing, the issues involved in deter­ lution entitled “Instruction of Agents— ices. The Postmaster General believes mining the fair and reasonable final rate All Cargo Members,” this merely clarifies these services will meet postal needs in shall be limited to those specifically that approval does not constitute ap­ the market. He states the air taxi plans raised by the answer, except insofar as proval of a resolution to which reference to initiate' mail service with twin-engine other issues are raised in accordance is made but which has not yet been Beechcraft aircraft. with Rule 307 of the rules of practices adopted by the carriers nor submitted to It is in the public interest to fix, de­ (14 CFR 302.307); and the Board for approval. termine, and establish* the fair and rea­ 5. This order shall be served on Gilley sonable rate of compensation to be paid Airways Corp., the Postmaster General, Pursuant to authority duly delegated by the Postmaster General for the pro­ American Airlines, Inc., and Mohawk by the Board in the Board’s regulations, posed transportation of mail by aircraft, Airlines, Inc. 14 CFR 385.14: the facilities used and useful therefor, 1. It is not found, on a tentative basis, and the services connected therewith, be­ This order will be published in the that the following resolutions, which are Federal R egister. tween the aforesaid points. Upon con­ incorporated in the agreement indicated, sideration of the notice of intent and [seal] Harry J. Z in k , are adverse to the public interest or in other matters officially noticed, it is Secretary. violation of the Act, provided that ap­ Proposed to issue an order1 to include [FR Doc.71-4983 Filed 4-8-71;8:49 am] the following findings and conclusions: proval is subject to the proviso stated The fair and reasonable final service thereafter: mail rate to be paid to Gilley Airways [Docket No. 20993; Order 71-4-18] Agreement Corp., in its entirety by the Postmaster CAB: IATA number General pursuant to section 406 of the INTERNATIONAL AIR TRANSPORT 22186, R—1______102(CAC)203a. Act for the transportation of mail by ASSOCIATION 202 (CAC) 203a. aircraft, the facilities used and useful 302(CAC)203a. Order Regarding Cargo Sales Agents JT12(2 CAC)203a. therefor, and the services connected _ JT23 (2 CAC) 203a. therewith, shall be 64.9 cents per great Issued under delegated authority, JT31I2 CAC) 203a. circle aircraft mile between Albany and April 2, 1971. JT123(2 CAC) 203a. An agreement has been filed with the Board, pursuant to section 412(a) of the Provided, That free or reduced rate trans­ As this order to show cause is not a final portation for U.S.-based agents shall be action, it is not regarded as subject to the Federal Aviation Act of 1958 (the Act) limited to the extent permitted by the pro­ review provisions of 14 CFR Part 385. These and Part 261 of the Board’s Economic visions of these resolutions and may not be provisions will apply to final action taken by Regulations, between air carriers, for­ provided under entertainment or instruction staff under authority delegated in eign air carriers, and other carriers, em­ provisions of any other cargo agency 8 385.16(g), bodied in the resolutions of the Traffic resolution.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6848 NOTICES

Agreement ^ R -i: herbicide is a gas-liquid chromato­ CAB: I AT A number Commodity Item 0495—Strawberries, 59 graphic procedure with electron-capture 22186, R-3______102 (CAC) 203f. cents per kg., minimum weight 1,000 detection. 202 ( CAC ) 203f. kgs., Brussels to New York. 302 (CAC) 203f. R-2: Dated: April 5, 1971. Commodity Item 1400—Floral and/or Nurs­ Provided, That approval shall not constitute ery Stock and Bulbs, Flowers, Seeds and R . E. Johnson, approval of Resolution 203c, to which ref­ Tubers, N.E.S., 105 cents per kg., mini­ Acting Commissioner, erence is made but which has not yet been mum weight 100 kgs., 83 cents per kg., Pesticides Office. adopted; nor submitted to the Board for minimum weight 500 kgs., New York to approval. ' • Athens. [FR Doc. 71-4944 Filed 4-8-71 ; 8:45 am] 2. It is not found, on a tentative basis, Pursuant to authority duly delegated that the following resolutions, which are by the Board in the Board’s regulations, PENNWALT CORP. incorporated in the agreement indicated, 14 CFR 385.14, it is not found, on a are adverse to the public interest or in tentative basis, that the subject agree­ Notice of Filing of Petition Regarding violation of the Act: ment is adverse to the public interest or Pesticide Chemicals Agreement in violation of the Act, provided that CAB: I AT A Number Pursuant to the provisions of the Fed­ tentative approval thereof is conditioned eral Food, Drug, and Cosmetic Act (sec. 22186, R—2______102(CAC) 203d. as hereinafter ordered. 202 (CAC) 203d. 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a 302(CAC)203d. Accordingly, it is ordered, That: (d) (1)), notice is given that a petition JT12 (2 CAC) 203d. Action on Agreement CAB 22332. R -l (PP 1F1105) has been filed by the Penn- JA23(2 CAC) 203d. and Rr-2, be and hereby is deferred with walt Corp., Post Office Box 1297, Tacoma, JT31 (2 CAC) 203d. a view toward eventual approval, pro­ WA 98401, proposing the establishment JT123 (2 CAC) 203d. vided that approval shall not constitute of a tolerance (21 CFR Part 420) for Accordingly, it is ordered, That: approval of the specific commodity de­ negligible residues of endothall (7- 1. Action on Agreement CAB 22186, scriptions contained therein for purposes oxabicyclo-(2.2.1) heptane-2,3-dioarbox- R -l and R-3, be and hereby is-deferred, of tariff publication: Provided further, ylic acid) in or on the raw agricultural with a view toward eventual approval, That tariff filings shall be marked to be­ commodities sugar beets and in water at subject to the conditions stated herein; come effective on not less than 30 days’ 0.2 part per million from the application and notice from the date of filing. of its dimethylalkylamine, potassium, or 2. Action on Agreement CAB 22186, Persons entitled to petition the Board sodium salts as herbicides. R-2 be and hereby is deferred, with a for review of this order, pursuant to the The analytical method proposed in the view toward eventual approval. Board’s regulations, 14 CFR 385.50, may, petition for determining residues of en­ Persons entitled to petition the Board within 10 days after the date of service dothall in sugar beets is a procedure in for review of this order, pursuant to the of this order, file such petitions in sup­ which the endothall residues are reacted Board’s regulations, 14 CFR 383.50, may, port of or in opposition to our proposed with 2-chloroethylamine hydrochloride within ten days after the date of service action herein. to produce the imide derivative. The of this order, file such petitions in sup­ This order will be published in the latter is determined by microcoulometric port of or in opposition to our proposed F ederal R egister. gas chromatography with a nitrogen action herein. detection system. [seal] H arry J. Zin k , The analytical method proposed for This order will be published in the Secretary. determining residues of endothall in F ederal R egister. [FR Doc.71-4985 Filed 4-8-71;8:49 am] water is a procedure in which the endo­ [seal] H arry J. Zin k , thall residues are reacted with allyl Secretary. alcohol to produce the diallyl ester. The [FR Doc.71-4984 Filed 4-8-71;8:49 am] latter is determined by gas chromatog­ ENVIRONMENTAL PROTECTION raphy with a flame ionization detection system. [Docket No. 20993; Order 71-4-23] AGENCY Dated: April 5, 1971. INTERNATIONAL AIR TRANSPORT PPG INDUSTRIES, INC. R. E. Johnson, ASSOCIATION Acting Commissioner, Notice of Filing of Petition Regarding Order Regarding Specific Commodity Pesticides Office. Pesticide Chemicals. Rates [FR Doc.71-4945 Filed 4-8-71;8:45 am] Pursuant to provisions of the Federal Issued under delegated authority, Food, Drug, and Cosmetic Act (sec. 408 April 2, 1971. (d)(1), 68 Stat. 512; 21 U.S.C. 346a(d) PHELPS DODGE REFINING CORP. An agreement has been filed with the (1)), notice is given that a petition (PP Notice of Filing of Petition R e g a rd in g Board pursuant to section 412(a) of the 1F1119) has been filed by PPG Indus­ Federal Aviation Act of 1958 (the Act) tries, Inc., 1 Gateway Center, Pittsburgh, Pesticide Chemicals and Part 261 of the Board’s Economic PA 15222, proposing the establishment Pursuant to provisions of the Federal Regulations, between various air carriers, of tolerances (21 CFR Part 420) for resi­ Food, Drug, and Cosmetic Act (sec. 408 foreign air carriers, and other carriers, dues of the herbicide CIPC (isopropyl 2V- embodied in the resolutions of the Joint (d) (1), 68 Stat. 512; 21 U.S.C. 346a(d) (3-chlorophenyl) carbamate) in or on (1)), notice is given that a petition (PP Conferences of the International Air the raw agricultural commodities alfalfa Transport Association (IATA). The clovers, and forage grasses at 50 parts 1F1093) has been filed by Phelps Dodge agreement, which has been assigned the per million; beans, peas, soybeans (each Refining Corp., 300 Park Avenue, New above-designated CAB agreement num­ in dry form), beans and peas (each in York, NY 10022, proposing the establish­ ber, was adopted for a May 1,1971, early effectiveness by the 11th Meeting of the succulent form), lettuce, spinach, and ment of an exemption from the require­ Joint Specific Commodity Rates Board sugarbeet tops at 0.3 part per million; ment of a tolerance (21 CFR Part 420) which was held in Geneva, February 22- and blackberries, blueberries, carrots, for residues of copper from the use of the 26, 1971. cranberries, garlic, onions, peppers, rasp­ aquatic herbicide copper sulfate penta- As set forth below, the agreement berries, rice grain,, safflower seed, sugar- hydrate. would establish new specific commodity The analytical method proposed in the rates under existing commodity descrip­ beet roots, and tomatoes at 0.1 part per tions, and these rates reflect significant million. petition for determining residues of the reductions from the otherwise applicable The analytical method proposed in the herbicide is that published in “Standard general commodity rate. petition for determining residues of the Methods of Examination of Water and

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 NOTICES 6849

Waste Water”, American Public Health Certifi­ Certifi­ Association, page 117 (1967). cate No. Owner /operator and vessels cate No. Owner/operator and vessels 01805__ Suisse Atlantique Societe d’Arme- TJ 510E. Dated: April 1, 1971. ment Maritime S.A.: TJ511E. R . E. Johnson, Moleson. TJ 512E. Celerina. TJ 513E. Acting Commissioner, Castasegna. TJ 514E. Pesticides Office. Oorviglia. TJ 515E. [PR Doc.71-4943 Plied 4-8-71; 8:45 am] Bregaglia. TJ 516E. Yguazu. Marc I. Grischuna. T45. SHELL CHEMICAL CO. El Pampero. C. A. Beason. Lavaux. C. B. Dodgen. Notice of Filing of Petition Regarding St. Cergue. M. B. Willey. Pesticide Chemicals Romandie. A. H. Stall. Iguape. Ralph T. Pursuant to the provisions of the Fed­ Corcovado. McDermott Dredge Creole. eral Food, Drug, and Cosmetic Act (sec. 01926__ Bedford Steamship Co., Ltd.: McDermott Dredge La Fourche. 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a Ionian Skipper. 01982— AP Svenska Ostasiatiska Kompa- 02928__ PHS Van Ommeren (France) : niet: (d)(1)), notice is given that a petition Bacchus. Nicobar. (PP 1F1121) has been filed by Shell Port Breton. Nara. Chemical Co., Division of Shell Oil Co., Port Au Prince. Tokyo. Suite 1103, 1700 K Street NW., Washing­ Port Maria. Hongkong. ton, DC 20006, proposing the establish­ Port Briac. Hondo. ment of tolerances (21 CFR Part 420) for Port Navalo. Hokkaido. residues of the insecticide 2-chloro-l- Port Marly. Hakone. (2, 4, 5-trichlorophenyl) vinyl dimethyl Port Launay. Hirado. Port Miguel. Indus. phosphate in the fat of hogs at 1.5 parts 02930__ Compania Sud-Americana de Va­ Isfahan. per million and in meat and meat by­ pores: Nicobar. products of hogs at 0.5 part per million. Andalien. Nagasaki. The analytical method proposed in the Lebu. Nara. petition for determining residues of the Laja. Travancore. , insecticide is a gas-liquid chromato­ Loa. Kyoto. Longa vi. Sabang. graphic procedure using a phosphorous- Limari. Minikoi. sensitive thermionic emission detector. Aconcagua. Mandalay. Dated: April 5, 1971. Maipo. Sudan. Imperial. Burma. R. E. J ohnson, , Copiapo. Japan. Acting Commissioner, Illapel. Ceylon. Pesticides Office. Elqui. Hainan. 01931 Brigantine Transport Corp.; 01983---- Aktlebolaget August Leffler & Son. [PR Doc.71-4946 Piled 4-8-71;8:46 am] Clementine. Tigris. Seraphine. 01997— Rederiaktieboiaget Bifrost: 02977__ J. Ray McDermott & Co., Inc.: Rudolph. McDermott Tidelands No. 010. Bohus. FEDERAL MARITIME COMMISSION McDermott Lay Barge No. 22. Jarl R. Trapp. McDermott Lay Barge No. 23. 01423__ Charente Steamship Co., Ltd., CERTIFICATES OF FINANCIAL McDermott Derrick Barge No. Thos & Jas Harrison Ltd., RESPONSIBILITY (OIL POLLUTION) 16. Managers: McDermott Derrick Barge No. 17. Benefactor. Notice of Certificates Issued McDermott Derrick Barge No. 12. Craftsman. McDermott Oceanic No. 91. Inventor. Notice is hereby given that the follow­ McDermott Derrick Barge No. Custodian. ing vessel owners and/or operators have 11. Tactician. established evidence of financial respon­ McDermott Jet Barge No. 2 .^ Plainsman. sibility, with respect to the vessels indi­ McDermott Derrick Barge No. 8. Author. McDermott Derrick Barge No. 9. Administrator. cated, as required'by section 11 (p) (1) of McDermott Derrick Barge No. 4. Adventurer. the Federal Water Pollution Control Act, McDermott Derrick Barge No. 7. Crofter. as amended, and, accordingly, have been McDermott Tidelands No. Oil. Barrister. issued Federal Maritime Commission McDermott Tidelands No. 09. Diplomat. McDermott Tidelands No. 08. Governor. Certificates of Financial Responsibility McDermott Lay Barge No. 20. Journalist. (Oil Pollution) pursuant to Part 542 of Venmac 2. Dalesman. Title 46 CFR. Venmac 6. Explorer. McDermott Lay Barge No. 21. Factor. Certifi­ McDermott Tidelands No. 1. Linguist. cate No. Owner /operator and vessels McDermott Tidelands No. 2. Trader. 01921— _ Berkeley Steamship Co., Ltd.: McDermott Tidelands No. 3. Philosopher. Ionian Mariner. Jirafa. Statesman. 01922— Vulcanla Steamship Co., Ltd.; McDermott Tidelands No. 81. Defender. Ionian Leader. McDermott Tidelands No. 82. Scholar. 01818—_ Houston Line Ltd.: McDermott Derrick Barge No. 5. Wayfarer. Clan Robertson. McDermott 165. . Historian. Clan Ranald. McDermott 166. Magician. Clan Ramsay. Marie 8. Merchant. Clan Ross. McDermott Derrick Barge No, 2. Discoverer. Clan MacDougalL McDermott Derrick Barge No. 3. Naturalist. °1924_— Western Sea Transport Ltd.: JO 535. Novelist. Rokos V. JO 536. ‘ 01428__ The Ocean Steam Ship Co., L t d .: 01925—_ Peri cosmic Petroleum Carriers JO 537. Deucalion. L t d .: JO 538. Talthybius. Ionian Commander. JO 539. Aeneas.

FEDERAL-REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 No. 69—Pt. I----- 5 6850 NOTICES

Certifi­ Certifi­ Certifi­ cate No. Owner/ operator and vessels cate No. Owner/operator and vessels cate No. Owner/operator and vessels Antilochus. 01531 — Petromar S.A.: ,01628— Union Shipping Co., Ltd.: Automedon. Grecian Temple. Atlantic Union. Clytoneus. Golden Eagle. 01629— Queen Shipping Co., Ltd.: Cyclops. 01532— Olinares Compania Naviera S.A.: Atlantic Queen. Ascanius. Grecian Emblem. 01630— King Shipping Co., Ltd.: Calchas. Grecian Valour. Atlantic King. ' Theseus. 01542— Spirit Maritime Corp.: 01631— Atlantic Princess Shipping Co., Achilles. Grecian Spirit. „ Ltd.: Anchises. 01543— Compania Fortunia S.A.: Atlantic Princess. Menelaus. Ocean Regina. 01660-__ Artas Compania Naviera S.A.: Menestheus. 01545— Borges Rederi A/S: Aristeides. Maron. M/S Wyvern. 01681 — Eastern Seas Transport Corp.: Pyrrhus. M/S Woolgar. Corsair. Helenus. 01857__ Ohg. I. Fa. Bernard Schulte: 01662— Navigators Steamship Corp.: Hector. Gertrud Ten Doornkaat. Defiant. Ixion. Jan Ten Doornkaat. 01663__ Hydroussa Compania Naviera S.A.: Peleus. Moritz Schulte. Hydroussa. Daru. Lissy Schulte. 01664__ Compania Maritima la Empresa Dixcove. Friederike Ten Doornkaat. S.A.: Degema. Judith Schulte. Opportunity. Dumurra. Antje Schulte. 01666__ Compania Naviera Resolute S.A.1 Dunkwa. Hamburger Michel. Dorian. Deido. Esther Charlotte Schulte. 01667— Compania Naviera Doriefs S.A.: Dalla. Hamburger Tor. Doriefs. Donga. Hamburger Burg. 02781— Beaver Shipping Co., S.A.: Dumbaia. Astrid Schulte. Avgi. Autolycus. Johann Christian Schulte. 02782__ Boreas-Shipping Co., S.A.: Elpenor. 01860— Insco Lines, Ltd.: Mythic. Astyanax. M/V Insco Producer. 01673__ Cyclades Compania Naviera S.A.: Neleus. M/V Insco Jem. S. G. Embiricos. Atreus. 01867— Adriático Tirreno Jonio Ligure 01674__ Compania de Navegación Ensen­ Laomedon. A.T.J.L. di Alberto Ravano & ada S.A.: Ajax. Figli : Andriotis. Memnon. Charitas. 01675-— Compania de Navegación Casaya Jason. Auctoritas. S.A.: Perseus. 01872__ Edmonton Shipping Co., Inc.: Panaghia Theoskepasti. Patroclus. Van Warrior. 01679__ Armadores Atlánticos S.A.: 01471 — Helmsman Shipping Co., Ltd.: 01873__ Montreal Shipping Co., Inc.:, Niky. Atlantic Helmsman. Vanguard. 01680__ Alba Steamship Co., Ltd.: 01475— Baron Shipping Co., Ltd.: 01614__ Marchioness Shipping Co., Ltd.: George S. Embiricos. Atlantic Baron. Atlantic Marchioness. 01687__ Trinity Shipping Co., Ltd.: 01476—- Baro'ness Shipping Co., Ltd.: 01615— Stavros Shipping Co., Ltd.: Michalis K. Atlantic Baroness. Stavros G. Livanos. 01719__ Unterweser reederei G.m.b.H., 01477— _ Freedom Shipping Co., Ltd.: 01616— _ Marquess Shipping Co., Ltd.: Bremen/Germany, Blument- Atlantic Freedom. Atlantic Marquess. halstr. 15/16: 02481 — Afros Shipping Co., Ltd., Nicosia, 01617__ Breeze Shipping Co., Ltd.: Bornheim. Cyprus: Atlantic Breeze. Eschersheim. Apollonian. 01618__ Evros Shipping Co., Ltd.: Praunheim. 01478—_ Atlantic Sunrise Shipping Co., . Evros. Berkersheim. Ltd.: 01929__ Franconia Sea Transport Ltd.: Ginnheim. Atlantic Sunrise. George Vergottis. Schwanheim. 01479—_ General Shipping Co., Ltd.: 01622__ Theofano Shipping Co., Ltd.: Eckenheim. Atlantic General. Theofano Livanos. Langelsheim. 01483—_ Strymon Shipping Co., Ltd.: 01874__ A/S Sobral: Bremen. Strymon. Mundogas Rio. 01759__ Morania Compania Naviera S.A.: 01487—_ Sunbeam Shipping Co., Ltd.: Nopal Argus. Etolis. Atlantic Sunbeam. Nopal Vega. 01765__ Caribbean Steamship Co., S.A.: 02466— Shell Oil Co.: Mundogas Brasilia. S/S David P. Reynolds. Niobe. Nopal Star- S/S J. Louis. Phaedra. Nopal Express. S/S Richard. Artemis. Nopal Rex. S/S Louise. 01493__ Lady Shipping Co., Ltd.: Nopal Progress. S/S Carl Schmedeman. Atlantic Lady. Mundogas Atlantic. M/V Exuma Sound. Nopal Luna. M/V Montagu Bay. 01494— Glafkos Shipping Co., Ltd.: Nopal Tellus. Glafkos. 02772. Phillips Petroleum Co.: Nopal Sun. Phillips California. 01502— - Mocre-McCormack lines, Inc.: Mundogas Bermuda. S/S Robin Trent. Phillips Washington. Mundogas Caribe. 02778. Albatross Shipping Co., S.A.: S/S Robin Hood. 02879__ Isla Volcánica Compañía Naviera S/S Robin Gray. Atomic. S.A.: 02779- Atlantis Shipping Co., S.A.: S/S Robin Goodfellow. Capetan Tassos. S/S Mormacvega. Esperos. 01900__ Red Anchor Line Ltd.: 02604. S/S Mormactrade. Revere Sugag Refinery: Rosetta Maud. Revere Barge No. 1. S/S Mormacscan. Merryn Elizabeth. S/S Mormacrigel. Nils Amelon. 02676. Lauter-Elbe Reederei G.m.b.H.: S/S Mormacpride. Isabel Erica. Bilstein. S/S Mormaclynx. 01910__ Deutsche Dampfschifffahrts- 02702. Komrowski Befrachtungskontor S/S Mormaclake. Gesellschaft Hansa: K.G.—As Manager Owner for S/S Mormacglen. Stockenfels. Partenreederei M/S Vulkan: S/S Mormacdraco. 01624— Archangel Shipping Co., Ltd.: Vulkan. S/S Mormaccove. Archangelos. 01411. Sea Enterprises Corp., Panama: S/S Mormacargo. 01626— Star Shipping Co., Ltd.: Delphic Miracle. S/S Mormaccape. Atlantic Star. Delphic Sky. S/S Mormacbay. 01627— Atlantic Oil Carriers Ltd.: 01412. Shipping Developments Corp., S/S Mormacaltair. George Livanos. Panama: S/S Brasil. Eugenie Livanos. Delian Apollon. S/S Argentina. Athina Livanos. - Delian Leto.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 NOTICES 6851

Certifi­ Certifi­ Certifi­ cate No. Owner/operator and vessels cate No. Owner/operator and vessels cate No. Owner/operator and vessels Delian Spirit. 02743__ Melbury Shipping C o, Panama 02706__ Komrowski Befrachtungskontor Santa Alexandra. S.A.: KG (as Managing Owner for Santa Anna. Olympic Phaethon. Partenreederei M/S Adrian): Santa Fotini. 02816— Star Shipping Co, S.A.: Adrian. 01416— Athelempress Tankers Co., Ltd.: Napier. 01405__ Global Bulkcarriers S.A. Panama: Anco Empress. 02817__ Starcluster Shipping Co, S.A.: Capetan Yiannis. 01421— Bibby Line, Ltd.: Ionic. 01406__ United Bulkcarriers S.A. Panama: Toronto City. 02821— Tiger Shipping Co, SA.: Capetan Yemelos. Coventry City. Sonic. 01407__ United Chartering Enterprises S.A. Gloucestershire. 02788— Constellation Shipping Co, S.A.: Panama: Shropshire. Liryc. Capetan Psarros. Worcestershire. 02789— Drake Shipping Co, S.A.: 01016— C. Clausen Dampskibsrederi A/S: Derbyshire. Ethnos. Linda Clausen. Wiltshire. 02818— Stardust Shipping Co, S.A.: Ceena. Warwickshire. Scenic. Ceres. Oxfordshire. 02819— Sunrise Shipping Co, S.A.t Al-Kuwait. Berkshire. Michael C. Lemos. Dona Clausen. Ocean Bridge. 02820— Sygnus Shipping Co, S.A.: Diana Clausen. 01303— Prince Line, Ltd.: Dromon. Cimbria. Cotswold Prince. 02838.— Atlantic Union Corp.: Alondra. Mendip Prince. Yebala. Athene. Malvern Prince. 02878__ BP New Zealand Ltd.: Inger Clausen. Chiltern Prince. Athel viscount. Ida Clausen. 01309__ Atlantic Carriers S.A.: Hamilton. 01025— Bernhard Hanssen & Co. (Skib- Aegean Nymph. Erne. sasktieselskapet A r a m 1 s & 02708— Bridgeport Maritime Panama 02881— Isla Pedregal Compania Naviera Skibsaktieselskapet Athos): S.A.: S.A.: Athos. Olympic Archer. Kaity. Aramis. 02717—, Court Line, Ltd.: 02882 ______Akme Steamship Co., S.A.:02703— Komrowski Befrachtungskontor Halcyon Days. Panayia Moutsaina. K.G.—As Managing Owner for Halcyon Wave. Partenreederei M/S Ossian: 02733— Victoria Marine Co.: 02883 ______Soloil Compañía Naviera S.A.:Ossian. Capt. W. D. Cargill. Math eos. 02704— Komrowski Befrachtungskontor Carchester. 02899__ Simaba Compania Marítima S.A.: K.G.—As Managing Agent for 02734— Italia Societa Per Azioni di Nav- Anna Maria S. Partenreederei M/S Merian: igazione: 02936__ Monterrey S.A.: Meri an. Rossini. Olympic Rider. 03035— Kinsdale Panama S.A.: Donizetti. 02951— Vista Rios Compania Naviera S.A.: Olympic Peace. Verdi. Eleni. 03036— Clifton Shiping Co., Panama S.A.: Paolo Toscanelli. 02967— Sunshine Transport Corp.: Olympic Palm. Raffaello. M/V Sunny Ocean. 03037— Olinda Panama S.A.: Michelangelo. * Olympic Prestige. 02975— Venture Shipping (Managers), Leonardo Da Vinci. 03038— Falmouth Marine Panama S.A.: Cristoforo Colombo. Ltd.: Y. S. Venture. Olympic Pearl. Galileo Ferraris. 03046— Marcreciente Compania Naviera Alessandro Volta. Simsmetal Venture. Consolidated Venture. S.A: Antonio Pacinotti. Maroudio. 02735— BP Australia Ltd. (Demise Char­ 01311 — Mardoro Compania Naviera S.A.: terers) : Anthony II. 03056— Monrovia Transportation Co.: Olympic Challenger. BP Endeavour. . 01321 — Compagnia Italiana Transoceanica BP Enterprise. di Navigazione S.P.A.: 03062— Seawell Marine Panama S.A.: 02738 Foreland______Navigation Co. S.A.: Transoceanica Elena. Olympic Garland. Olympic Star. Transoceanica Giovanna. 03078— Portamar Navigation Co., Panama 02739 Lucerne______Navigation Panama S.A.: Transoceanica Francesca. S.A.: Olympic Chivalry. Transoceanica Silvia. Olympic Goal. 02744— Concepcion Financiera Panama 01336— Aktieselskabet Borgestad: 03080— Oceanic Petroleum Carriers Inc.: S.A.: Brynje. Oceanic Grandeur. Olympic Grace. Breim. Oceanic Champion. 02586— Marlin Drilling Co., Inc.: Brevik. Oceanic Unity. Marlin 1. Borgestad. 03081__ United Maritime Co., Inc.:. Marlin 2. Bandak. Hongkong Delegate. Marlin 3. 01367— Prosparthia Compania Naviera 03124— Florvik Compania Naviera S.A. : Marlin 4. S.A.: Georgios. 01310__ Sociedad Financiera Valenclana S.A.: Aristotelis. 03125__ . J?an Mai Compania Naviera S.A., Antonios Coulouthros. 02369— Tsonelmar Maritime Corp, Pan­ Panama: 02601__ Caralbische Scheepvaart Maat- ama S.A.; Dimitra. schappij N.V.: Evi T. 04858— Nissos Pioutos Shipping Co. S.A.: Tiburon. 02370*— Arginusae Martime Corp, Panama Seatide. Tinto. S.A.: 04889__ Cory Brothers & Cp. (Italy) Ltd., 02783 Cardinal______Shipping Co., S.A: Stavros T. Naples: Melodic. 01297__ Caroline Navigation Co, Inc.: Wildrose. 02784 Centaurus______Shipping Co., S.A.: Eirini L. 03011__ Wallenius Bremen G.m.b.H. & Co., Myron. 01298__ Eltransport, Inc.: K.G. Schiffahrtsgesellschaft: 02785 Celestial______Shipping Co., S.A: Panagiotis L. Boheme. Pacific. 03027 02786 ______01398— Freedom General Shipping S.A. __ Risdon Maritime Panama S.A.: Clipper Shipping Co., S.A.: Panama: Delos. Tropic. Khian Zephyr. 03028— 02787 Comet______Shipping Co., S.A.: Exeter Marine S.A.: Phaethon. 01402— Freedom Sea Transports S.A., Olympic Ice. 02740 Howland______Panama S.A.: Panama: 03029— Bluefield Marine S.A.: Olympic Progress. Khian Hill. Olympic Laurel. 02741 In______wood Panama S.A.: 01403— Freedom Global Transport S.A 03030__ Greenwich Panama SA.: Olympic Power. Panama: Olympic Eagle. 02742 Milford______Navigation. Co., Panama Khian Engineer. 03031— Cartagena Shipping Co., Panama S.A.: 01404- Freedom Maritime Corp, Panama: S.A.: Olympic Glory. Khian Captain. Olympic Valley.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6852 NOTICES

Certifi­ Certifi­ Certifi­ cate No. Owner/operator and vessels cate No. Owner /operator and vessels cate No. Owner/operator and vessels 03032.__ Liberty Transportation CO.: 04508__ Akiyama Gyogyo Kabushikl 04524__ Sasajima Gyogyo Kabushikl Olympic Sky. Kaisha: Kaisha: 03033— Granton Marine Panama S.A.: Matsuseimaru No. 1. Sasanomaru No. 21. Olympic Arrow. 04487— Sanwa Enyo Cyocyo Seisan 04647__ South African Sugar Carriers 03034— Swansea Marine Panama S.A.: Kumiat: (PTY) Ltd.: Olympic Breeze. Sanwamaru No. 2. Sugela. 04758— Carbridge Enterprises Ltd.: 04440— Marine Carriers Corp.: 01081__ Skibsaktieselskapet Karlander: Sunjarv. Commander. Slagen. 04759__ Mar guardia Compañía Naviera Producer. 04646__ Marian Corp. Ltd. : S.A.: 04404— Lars Rej Johansen: Marland. Atys. M/S Jofrigo. 04645__ Kulan Corp. Ltd.: 04761 ______Karaiskaki Compañía Naviera S.A.: M/S Jorivka. Kuland. Nortrans Unity. 04390— Titan Intercontinental Carriers, 04644-_Koberg Corp. Ltd.: 04762 ______Maralma Compañía Naviera S.A.: Inc.: Koberg. Aegis Fury. Agios Nlkolaos III. 04643__ Allamanda Ltd.: 04763— Codros Shipping Co., Ltd.: 04309— Thiressia Navigation Ltd., Mon­ Burland. Dora Papalios. rovia: 04632__ Lapeandra Shipping Co. S.A.: 04764— Estrella Dichosa Navegación S.A.: Thiressia Venizelos. Evelpis. Aegis Spirit. 04308— Arietta Compañía Naviera S.A., 04614__ Messabec Limitee: 04772. „ Speedwell Shipping Co., Ltd.: Panama: Quebec. Aegis Faith. Arietta Venizelos. 04593__ Bow Shipping Corp.: Aegis Pioneer. 04307-— Hariclia Navigation Ltd., Mon­ Golar Sanko. 04773— Vencedora Transmar Navegación rovia : Golar Toko. S.A.: Hariclia Venizelos. Golar Nikko.- Aegis Pride. 04306— Ocean Transport Ltd., Monrovia: Golar Bow. 04785--- Pylareaux Maritime S.A.: Helena Venizelos. Golar Arrow. Pylareaux. 04272— Zodiac Shipping Co. N.V.: Asis Momo. 04830— Western Shipping Co., Inc.: M/V Safocean Amsterdam. 04621__ Lunmar, S.A.: Captain Theo. M/V Safocean Adelaide. M/T. Spes. 04843— Reederei Ferdinand Muller: 04249— Panamanian Maao Corp.: M /T Berna. M/V Arete. Araneta Maao. 04590__ Cayber Transportation Corp.: 04849— Wicklow Shipping Co., Ltd.: 04248— Bacolod Panamanian Corp.: Cayber. Wicklow. Bacolod. 05397__ Camelot Shipping Ltd.: 04850— Ardee Investments Ltd.: 04288— Horn Linie: Golden Jay. ' Glendalough. Hornbelt. ■ 05537_- Empresa Navegación Mambisa: Glenealy. Hornsee. El Jigüe. 04709— M.S. Fulla Tunnecke Schiffahrts­ Horngolf. 5 de Septiembre. gesellschaft, Bremen: Hornwind. Victoria de Giron. M/V Joulla. Hornmeer. Bahia de Cochinos. 04710— Tunnecke M.S. Jodonna Schif­ Hornland. Playa Larga. fahrtsgesellschaft, Bremen: Horns tern. 7 de Noviembre. M/V Jodonna. Hornberg. Comandante Camilo Cienfuegos. 04711— M.S. Embla Tunnecke Schiffahrts­ Hornkliff. Gonzalez Lines. gesellschaft, Bremen: 03292.__ Maritimecor S.A.: Uvero. M/V Jowood. Clementina. Guisa. 04712— Tunnecke Schiffahrtsgesellschaft Pecan. 13 de Marzo. M.S. Joquita, Bremen: 04185— Toxotis Compañía Naviera S.A. La Plata. M/V Joquita. Panama: Cerro Pelado. 04713— M.S. Joselin Tunnecke Schiffahrts­ Agios Spyridon. Baire. gesellschaft, Bremen: 04151 — Uiterwyk Shipping Ltd.: Imias. M/V Joselin. Maria U. Mallo. 04715— Olympian Shipping Inc.: 04133— Consolidated Mariners, S-A.: Jiguani. M/V Argostar. Domina. Pino del Agua. M/V Argosky. 04119— Cia Naviera la Molinera S.A.: José Antonio Echeverría. 04718— Compañía de Navegación Annitsa M/S La Molinera. 30 de Noviembre. Inc.: 04078— Ina Tankers Corp.: Sierra Maestra. M /V Annitsa L. Rosy. Manuel Ascunce. 04760— Marathonodromos Compañía Na­ Noto. Conrado Benitez. viera S.A.: 04009— Kameve Cia Nav. S.A.: La Lima. Aegis Peace. Aegis Star. Bahía de Ñipe. 04706— M.S. Joerka Schiffahrtsgesell­ 04074— Tankore Corp.: Bahia de Matanzas. schaft Tunnecke, Bremen: S/S Santander. Bahia de Mariel. M/V Joerka. M/S Weatherly. Luis Arcos Bergnes. 04708— M.S. Jogela Tunnecke Schiffahrts­ M / Buckeye. ‘ Las Villas. gesellschaft, Bremen: 04075— Merchants Transport Corp.: Pinar del Rio. M /V Jogela. S/S San Mateo. Habana. 04720— Elmini Line Inc.: 04575— Southern Cross Steamship Co., Matanzas. M /V Mini Lion. Inc.: Camaguey. 04721— Elmini Lift Inc.: Mar gar it e. Lidia Doce. M/V Mini Lift. 04574— Companie Marítima de Sofia S.A.: Bahía de Siguanea. 04751— Fame Shipping Co,, Ltd.: Sophia. Bahia de Santiago de Cuba. Aegis Fame. 04573__ S.A. Pesquera Industrial Gallega: Bahia de Tanamo. 04752— Banner Shipping Co., Ltd.: Federico Barreras. Las Mercedes. Aegis Banner. Minas de Frió. 04648-__ Universal Bulk Carriers, Ltd.: 26 de Julio. 04753— Coronet Shipping Co., Ltd.: Lankus. Aegis Trade. Frucuba. 04568— United Venture Navigation Co„ Fundador. 04754— —Aktor Shipping Co., Ltd.: Ltd.: Miss Papalios. Clodomira. S/S Grand Trust. Combate de Palma Mocha. 04756 ______Alkon Shipping Co., Ltd.: S/S Grand Pride. 05434__ Libra Steamship Corp.: Dorine Papalios. M/V Olympia Faith. Master Stefanos. Aegis Hope. M/V Grand Fair. 05415__ Lioret y Liinares, S.L. : 04757 ______Nea Hellas Shipping Co., Ltd.: 04561 — Magnolia Line Inc.: __ Rio Nansa. Nea Hellas. Crystal Kobus. 05414__ Transportes Frigoríficos Maríti­ 04522_- Nakamaru Gyogyo Kabushikl Crystal Pinus. mos, S.A.: Kaisha: Crystal Magnolia. Rio Miera. Nakamaru No. 1. Crystal Margaret. Rio Besaya.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 NOTICES 6853

Certifi­ Certifi­ Certifi­ cate No. Owner/operator and-vessels cate No. Owner /operator and vessels cate No. Owner/operator and vessels 05413— Vallum Shipping Co., Ltd.: M/S Godafoss. NT 1001. Mabel Warwick. M/S Ljosafoss. Radium 634. St. Margaret. M/S Bakkafoss. Radium 632. 05412— Prince Shipping Co., Ltd.: M/S Reykjafoss. Radium 631. Atlantic Prince. M/S Skogafoss. Radium 630.... 05409— A/S Standard: M/S Tungufoss. Radium 629. Stalheim. M/S Selfoss. Radium 628. 05408— Dolphin Navigation Co., Inc.: M/S Lagarfoss. Radium 627. Dolphin. M/S Gullfoss. Radium 626. 05404— Estrella Naciente Navegación S.A., M/S Fjallfoss. Radium 625. Panama: M/S Bruarfoss. Radium 624. Messiniaki Minde. 05141__ Drechtships N.V.: Radium 622. 05409— Stratford Shipping Ltd.: Avedrecht. Radium 621. Golden Falcon. Mijdrecht. Radium 620. 05400— Okinawa Sanyo Gyogyo Kabushiki Moordrecht. Radium 619. Kaisha: 05245__ Blaesbjerg & Co.: Radium 618. Sanyo Maru No. 38. Crystal Scan. Radium 617. 05393__ Okinawa Reito Suisan Kabushiki Polar Scan. Radium 616. Kaisha: Frigo Scan. Radium 615. No. 28 Takuyo Maru. Freezer Scan. Radium 607. No. 18 Takuyo Maru. Reefer Scan. Radium 606. 05382— Varnima Corporation of Panama: Cooler Scan. Radium 605. Manuella. Titan Scan. Radium 604. 05372__ Rowan Drilling Co., Inc.: Unit Scan. Radium 603. Rig No, 1. Atlas Scan. Radium 602. Rig No. 3. Hercules Scan. Radium 601. Rig. No. 14. 03533__ Rederi AB Wallstar: Radium 600. Rig. 4. Oberon. Knut Lang. Drilling Tender Rowan I. Aniara. Kelly Hall. Drilling Tender Rowan II. 03575— Interessentskapet Byggenr. 165 03481—_ K.K. Osaka Zosen-Sho: 05366— Mr. Kinichi Sakagami: Moss: Dalkei—Maru. / | M/S Koyo Maru No. 23. Roald Amundsen. 03482__ Ryutsu Kaiun Kabushiki Kaisha: M/S Koyo Maru No. 25. 03628— Canada Maritime S.A.: Ryukomaru. M/S Koyo Maru No. 17. Ithaca Trader. Ryujinmaru. 05365__ Hokko Kaiun Kabushi Kaisha: 03629— Avenier Maritime S.A.: Ryuyomaru. M/S Koei Maru No. 22. Stolt Atlantic. Ryushomaru. M/S Wakashio Maru No. 21. 03632— A/S Turid: 03486__ Sanshin Kìsen K.K.: M/S Koei Maru No. 28. Hovin. Jingu Maru. 05339__ Skymar Shipping Ltd.: Frol. Kurishima Maru. Aries. Forra. 03495---- .Shinwa Kisen Kabushiki Kaisha: 05298__ Erich Drescher: Skauma. Shinsho Maru. Ede Marmstorf. 03687__ Tank Barge 33, Inc.: Shinwa Maru. Ede Wilstorf. Cedar. Kairyu Maru. Ede Sott orf. 05025__ Goodwood Shipping, Inc.: 03538— Skibsaktieselskapet Herva Herlof- 05297— Caribbean Navigation Co., Ltd.: Mahogany. son Shipping Co. A/S/P.D. Silvaplana. 05024---- Continental Shipping, Inc.: Herlofson Skibsaktieselskapet Netta. Constance. Oilexpress: M/S Bulk Venture. Tapanahony. (Cayman) Island Shipping Co. 05054— Panama Overseas Shipping Co., 05009__ 03552— Interessentskapet Norbeth: Ltd.: Norbeth. Inc.: Island Prince III. Conqueror. 03524— Towa Kisen Kabushiki Kaisha : 05274— Fluor Drilling Services, Inc.: 05007---- Northern Transportation Co., Ltd.: Tonichi Maru. Wodeco IV. Angus Sherwood. 03304— Aggeliki Charis Compania Mari­ Mr. Gus II. AS 3. tima S.A.: Mr. Sam. AS 2. Angelic Grace. Mr. Arthur. A S 1. NT 1508. 03329— Hudson Waterways Corp. : Wodeco I. Transpanama. Rig 56. NT 1507. NT 1506. Transindiana. Wodeco II. Transoregon. 05272___ Movible Offshore, Inc.: NT 1505. NT 1504. Transidaho. Movible No. 1. Transhawaii. Movible DB2. NT 1503. NT 1502. Transerie. Rig No. 2. Transhuron. Rig No. 3. NT 1501. NT 1024. Transsuperior. Movible CB—1. Transglobe. Movible CB-7. NT 1023. NT 1022. Transcolorado. 05205. Bluestar Shipping Go., Ltd.— Trariscolumbia. Nicosia: NT 1021. NT 1020. Transchamplain. Bluestar. Transoneida. 05167__ Consorcio Naviero Peruano S.A.: NT 1019. NT 1018. Se a train San Juan. Lima. Transontario. Piura. NT 1017. NT 1016. Seatrain Delaware. Ica. 03393— Compania Shell de Venezuela Cuzco. NT 1015. 05164__ NT 1014. Ltd.: Norfolk Dredging Co.: Shell Murachi. The Virginian. NT 1013. NT 1012. Shell Charaima. Pullen. Shell Caricuao. Talcott. NT 1011. NT 1010. Shell Naiguata. Stuart. Shell Aramare. 05032.__ NT 1009. Talisay Corp. of Panama: NT 1008. Shell Mara. M/V Talisay. NT 1007. 03397__ Hilmar Reksten : 05018— Amerada Hess Shipping Corp.: NT 1006. T /T Vespasian. Good Hope. NT 1005. T /T Arrian. 05089—_ H. F. Eimskipafelag Islands: NT 1004. M /T Majorian. M/S Laxfoss. NT 1003. T /T Lucian. M/S Dettifoss. NT 1002. T /T Cyprian.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6854 NOTICES

Certifi­ Certifi­ Certifi­ cate No. Owner/operator and vessels cate NO. Owner /operator and vessels cate No. Owner/operator and vessels T /T Hadrian. Ore Transport. 02705— Komrowski Befrachtungskontor T /T Julian. Ore Titan. K.G.—As Managing Owner T /T Valentinian. Ore Mercury, for Partenreederei M/S Bar­ T /T Gratian. Ore Jupiter. ber Mangan: T /T Clementine Churchill. Ore Venus. Barber Mangan. T /T Sir Winston Churchill. Ore Meteor. 02496— United States Steel Corp.: T /T King Haakon VII Ore Neptune. D. G. Kerr. T /T Aurelian. Ore Saturn. Arthur M. Anderson. T /T Nerva. Ore Monarch. Cason J. Callaway. M/S Trajan. Ore Prince. . Philip R. Clarke. 03400— Nicolas J. Vardihoyannis: Ore Meridian. Benjamin P. Fairless. Demosthenes V. 03283— Galbraith Wrightson Ltd.: A. H. Ferbert. Pyfros V. Vianna. Leon Fraser. Neil Armstrong. 03295—- Huron Cement Division National * Irving S. Olds. Theodoros V. Gypsum Co.: Enders M. Voorhees. Iosif V. J. A. W. Iglhart. Sewell Avery. Eleni V. S. T. Cr'apo. Robert C. Stanley. Georgios V. E. M. Ford. William A. Irvin. 03414— Biko Kisen Kabushiki Kaisha. J. B. Ford. Governor Miller. Biko Maru. P. H. Townsend. Ralph H. Watson. Shosei Maru. L. G. Harriman. John Hulst. Horyu Maru. Samuel Mitchell. Thomas W. Lamont. Hoei Maru. 03303— Sanmamas Compania Maritima Eugene P. Thomas. Hoko Maru. S.A.: Eugene W. Pargny. 03415— Chiyoda Kisen K.K.: Captain Diamantis. Homer D. Williams. Chikugo Maru. 01067— _ Klosters Rederi A/S: Horace Johnson. Shima Maru. Trailer Express. B. F. Affleck. Jujo Maru. 01152---- Neptune Maritime Co. of Mon- Joshua A. Hatfield. No. 12 Toyota Maru. - rovia: Richard V. Lindabury. Wakaura Maru. Katherine. D. M. Clemson. Caledonia Maru.. Evi. William A. McGonagle. Astoria Maru. 01167__ Marvalor Sociedad de Transportes August Ziesing. Miku Ni Maru. S.A.: James A. Farrell. Mikasa Maru. Don Manuel. Percival Roberts, Jr. Nagaura Maru. 01209__ Partenreederei Inga Bastian: Richard Trimble. Anakan Maru. Inga Bastian. George G. Crawford. Wakatake Maru. 01216— Interessentskapet Melsonvik: William J. Filbert. Mishima Maru. Melsonvik. William P. Palmer. 03416__ Chuyo Kyodo Kisen K.K.: 01278— Leonhardt & Blumberg: Eugene J. Buffington. Akishima Maru. Adolf Leonhardt. Alva C. Dinkey. 03418__ Daiichi Senpaku K.K.: Otto Leonhardt. J. P. Morgan, Jr. Muko Maru. Klaus Leonhardt. William B. Schiller. Takatori Maru. Finn-Leonhardt. Thomas F. Cole. Rokko Maru. Heide Leonhardt. Henry Phipps. Maya Maru. Marie Leonhardt. Henry H. Rogers. Peking Maru. Ingrid Leonhardt. Peter A. B. Widener. Shang Hai Maru. Frank Leonhardt. Clifford F. Hood. 03433__ Hiroumi Kisen Kabushiki Kaisha: Bernd Leonhardt. John G. Munson. Japan Carryall. August Leonhardt. George A. Sloan. 03229__ Palamedes Compania Naviera S.A. Marita Leonhardt. Calcite II. of Panama: 01283— Atlanta Maritima S.A.: Myron C. Taylor. North Empress. Polyxene C. T. W. Robinson. 03473—_ Nippon Shoun K.K.: 01284— Standard Ocean Carriers S.A.: Rogers City. Tohnanmaruno. 8. Aegean Neptune. Irvin L. Clymet. Tohnanmaruno. 10. 01286— Ocean ways Carriers S.A.: W. F. White. 03230---- Principe Compania Naviera S.A. Aegean Triton. Geneva. of Panama: 01288— Elmarina Inc.: Columbia. North Princess. Marina L. Derrick Boat No. 2. North Highness. Capt. George L. John H. Elliott. 03231---- Priam Compania Naviera S.A. of 01289__ Einaval Inc.: B. F. Fairless. Panama: Peter L. 02201 — International Harvester Co.; North Lord. 01291__ Elcapitaine Inc.: The International. 03240__ Prado Compania Naviera S.A. of Fotini L. 01145— Det Gergenske Dampskibsselskab Panama: 01292__ Elmotores Inc.: Nordstjernen. Victoria 1. Julia L. Team Vega. Destrehan. 01293— Elcommodore Inc.: Estrella. 03269__ Sorodisi Compania Naviera S.A., Marka L. Leda. Panama: 01295—_ Elprimero Inc.: Crux. Cape Nerita. Evy L. Meteor. 03276__ Universe Tankships, Inc.: 01296— Elseguro Inc.: Polarys. Universe Kure. Janice L. Nordlys. Universe Aztec. 02287— International Union Lines Ltd.: Midnatsol. Universe Appolo. Union Leader. Ursa. Universe Daphne. Union Defender. Ara. Universe Leader. Union Venus. Uranus. Universe Commander. Union Progress. Sirius. Harold H. Helm. Union Glory. Deneb. Universe Admiral. Union Wisdom. Canis. Universe Defiance. Union Friendship. Iris. George Champion. Union Expansion. Team Castor. Frisia. 02222— Pythagoras Navegacion S.A.: Team Pollux. Universe Defender. Genie. 01054— Wilhelm Wilhelmsen: Phoenix. Margarita Chandris. Talleyrand. Petro Pan. 02223— Aristotle Navigation Co., Ltd.: Turcoman. Ore Chief. Agios Vlasios V. Tonsberg.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 \ NOTICES 6855

Certifi­ Certifi­ Certifi­ cate No. Owner/operator and vessel» cate No. Owner/operator and vessels cate No. Owner/operator and vessels Tysla. G.L. No. 95. G.L. No. 7. Tyr. G.L. No. 55. G.L. No. 8. Turandot. G.L. No. 61. Teledo. Tungsha. John A. Downs. G.L. 1. Tulane. G.L. 134. G.L. 2. Tugela. G. L. 136. G.L. 3. Troubadour. No. 58. G.L. 4. Trinidad. No. 143. No. 9. Tricolor. No. B—28. Georgia. Trianon. No. 59. Cleveland. Traviata. No. 152. G.L. 72. Trafalgar. No. B—29. Boston. Toulouse. M-31. Chicago. Talisman. Duplex. G.L. 73. Talabot. Puerto Rico. No. 55. Tai Ping. 03729__ Halliburton Co.: No. 56. Taimyr. Halliburton—101. Mogul. Taiko. Halliburton—103. G.L. 70. Tagus. Halliburton—104. G.L. 71. Tagaytay. Welex—601. No. 27. Troll Forest. Welex—602. No. 50. Tanabata. Welex—603. G.L. 52. Takara. Welex—604 (MIMI). Algonguin. Teheran. 03730__ Brown & Root, Inc. : Conical. Tuareg. L. B. Meaders. No. 53. Troms. Bar-267. No. 29. Toscana. Bar-297. No. 30. Toluma. George R. Brown. Drillboat No. 7. Titus. Foster Parker. No. 138. Tibetan. H. A. Lindsay. William P. Feeley. Tiberius. Bar-278. G. L. 137. Templar. Bar-289. 02018— Warwick Tanker Co., Ltd.: Taurus. Bar-282. Brandon Priory. Tarim. M—211. Bidford Priory. Tamano. Sheik No. 1. 02128— Ocean Gas Transport Ltd.: Tabriz. Bar-280. Faraday. Tortugas. MM—262. Humboldt. Torrens. MM—240. Clerk-Maxwell. Toronto. Bar-266. 02130— Empire Transport Co., Ltd. and Toro. M—228. Houlder Line Ltd.: Toreador. Bar-64. Ocean Transport. Toledo. L. T! Bolin. Swan River. Titania. M—213. 02131 — Houlder Line Ltd.: Tirranna. M—233. Royston Grange. « Tijuca. M—298. Hardwicke Grange. Tiber. Carl Burkhart. Oswestry Grange. Thermopylae. T. K. Montgomery. Stolt Grange. Themis. B. L. Frennesson. 02132 03890______South American Saint Line Ltd.: Theben. Seaways Shipping Co. : St. Merriel. Texas. M/V Melvin H. Baker. 02139-_ 03891— Pickands Mather & Co.: Terrier. Inverness Shipping Co. : Walter E. Watson. Tennessee. M/V Inverness. 03892.__ Samuel Mather. Temeriare. Dartmouth Shipping Co. : Robert Hobson. Tema. M/V Dartmouth. Col. James Pickands. Tatra. 03893— Skaarup Shipping Corp., Manag­ ing Agent: Henry G. Dalton. Taronga. Willis B. Boyer. Tam. M/V Morven. E. G. Grace. Tarantel. 03926— Harumi Senpaku Kabushiki Kai- sha: F^ank Armstrong. Tancred. Charles M. Schwab. Tampa. Munakata Mani. 02004— Harry Coulby. Tamerlane. Rederiet for MS Oolumbialand : Elton Hoyt 2d. ®3735— Penrod Drilling Oo.l Columbialand. G.L. No. 62, J. L. Mauthe. Penrod 51. H. C. Jackson. Penrod 53. G.L. No. 63. G.L. No. 64. Chas. M. Beeghly. Penrod 54. John Sherwin. Penrod 50. G.L. No. 60. G.L. No. 56. 02170__ Karen Shipping Co., Ltd.: Penrod 56. Zaira. Penrod 57. G.L. No. 57. G.L. No. 58. 02197— Matson Navigation Co.: Penrod 48. S/S Hawaiian Progress. Penrod 46. G.L. No. 59. Alaska. S/S Hawaiian Enterprise. Penrod 43. S/S Hawaiian Monarch. Penrod 44. G.L. No. 15. G.L. No. 16. S/S Hawaiian Queen. Penrod 47. S/S Hawaiian. Penrod 42. G.L. No. 17. G.L. No. 80. S/S Californian. ®®^4— Santa Fe Marine, Inc.: G.L. No. 81. S/S Pacific Banker. Blue Water No. 2. New York. S/S Pacific Trader. 03733— Great Lakes Dredge & Dock Oo.: G.L. No. 11. S/S Hawaiian Citizen. G.L. No. 40. G.L. No. 12. S/S Hawaiian Legislator. G.L. No. 41. G.L. No. 13. S/S Hawaiian Motorist. G.L. No. 42. G.L. No. 14. S/S Hawaiian Farmer. G.L. No. 43. Crest. S/S Hawaiian Merchant. G.L. No. 90. G.L. No. 5. S/S Hawaiian Rancher. G.L. No. 91. G.L. No. 6. S/S Hawaiian Refiner. G.L. No. 92. G.L. No. 9. M/V Hawaiian Princess. G.L. No. 93. G.L. No. 10. Islander. G.L. No. 94. No. 54. S/S Kapaa.

■FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9 , 1971 6856 NOTICES

Certifi­ Certifi­ Certifi­ cate No. Owner/operator and vessels cate No. Owner /operator and vessels cate No. Owner /operator and vessels 01045__ Reinante Transoceanica Naviga- 02541 ______Komar General Enterprises S.A. of Barge PS 201. cion S.A.: Panama: Barge PS 202. Apiliotls. Kaliopi Yemelos. Barge 253. 03739__ Venore Transportation Co.: 02542 ______Pelineon Marine Enterprises Ltd. Barge 254. Oswègo Venture. of Cyprus: Barge 255. 03753__ Canadian Transport Co., Ltd.: Paraskevi Yemelos. Barge 256. Nootka Carrier. 02569 Bournemouth Shipping Co., Ltd.: Barge Mountain Hood. Nanoose Carrier. Bournemouth. Barge Florence. Nahmint Carrier. 02571__ Dover Shipping Co., Ltd.: 03715— Santa Fe-Pomeroy, Inc.: 03841---- American Export Isbrandsten Dover. Seminole. Lines, Inc. : 02573 Cardiff Shipping Co., Ltd.: Derrick Barge No. 95. Flying Cloud. Cardiff. ZB— 19. Exbrook. 02579— Gadot Yam Ltd.: Derrick Barge No. 125. Exford. Chemical Enterprise. Redwood V. Exchester. 03737 ______Interocean Shipping Co.: Pacific Giant. Executor. Oswego Freedom. YC— 1384. Exporter. Oswego Defender. YFN—1161. Epeditor Oswego Reliance. Redwood II. Flying Endeavor. 03738 ______Marven Steamship Corp.: Cherokee. Flying Hawk. Oswego Independence. Choctaw. Export Adventurer. Oswego Liberty. 03716— Dunbar & Sullivan Dredging Co.: Export Aide. 02500__ Collier Carbon and Chemical Omadhoun. Export Agent. Corp.: Toledo. Flying Clipper. Kenai. Handy Andy. Flying Enterprise II 02519-__ S.A. Louis Dreyfus & Cie.: Dunbar. Export Banner. Leopold L.D. Iroquois. Export Bay. 02520__ Northern Petroleum and Bulk No. 29. Export Builder. Freighters Ltd.: Empire. Export Buyer. Wearfield. Sullivan. Export Commerce. Avonfield. Alabama. Export Challenger. 02529 ______Pacific Bulk Carriers Ltd.: No. 117. Export Champion. August Pacific. No. 116. Export Courier. Amber Pacific. JK80-440. Container Forwarder. 02530 Chowgule Steamships (Bahamas) No. 16. Container Despatcher. Ltd.: No. 12. C/V Staghound. Maratha Envoy. 121. C/V Lightning. 02539- — Cordial Shipping Co. of Liberia: 120. C/V Sea Witch. Kostantis Yemelos. Scow No. 11. Atlantic. 02540— Yemelos Marine Enterprises S.A. Napper Tandy. Constitution. of Panama: Niagara. Independence. Marigo Yemelos, Cherokee. 03842-__ Mediterranean Marine Lines, Inc.: 02203 The Superior Oil Co.: DS 15. Great Republic. Arcadia. DS 14. Defiance. Barge 14. Dunbar II. Young America. Barge No. 22. 119. Red Jacket. W. M. Keck, Sr. 118. 03843.__ Victory Carriers, Inc.: 03726__ Brown & Root, S.A.: 04462— Empresa Nacional Elcano de la Mankato Victory. B&R—HM 7. Marina Mercante S.A.: Jefferson City Victory. B&R—HM 2. Artico. Longview Victory. Atlas 1. 04465__ Ohyashima Enyo Gyogyo Kyodo Northwestern Victory. Bar 279. - Kumiai: 01874__ A/S Sobral: Global Adventurer. Kaikatamaru No. 80. Nopal Trader. 03720___ Global Marine Inc.: 01816__ The Bowater Steamship Co., Ltd.: Algocen. Cuss I. Nicolas Bowater. Agawa Canyon. Glomar II. Gladys Bowater. Algorail. Glomar III. Constance Bowater. Sir Denys Lowson. Glomar IV. Elizabeth Bowater. Roy A. Jodrey. Glomar V. Phyllis Bowater. E. B. Barber. Glomar Sirte. Nina Bowater. Michipicoten. Glomar Tasman. 05454-_ Sameiet M/S Gol: A. S. Glossbrenner. Glomar North Sea. Gol. V. W. Scully. Glomar Grand Isle. 01677— Santiago Steamship Co., Ltd.: 03856__ Mercuria Transportation Co., Inc. : Glomar Conception. Santiago. Gem. Glomar Challenger. 01676__ Compania de Navegación Yavisa 03867 ______Dasco Compania Naviera S.A. of Western Explorer. S.A.: Panama : 02428— The Kinsman Marine Transit Co.: San Nicolaos. Nicolaos. George E. Seedhouse. 01678__ Maremblema Navegación S.A.: 03868 ______Stanipa Compania Naviera S.A. of Merle M. McCurdy. Mina L. Cambanis. Panama : Kinsman Independent. 04189__ 1 Fullmoon Maritime Corp.: Elena. Kinsman Enterprise. Fullmoon. 03869^__ Silver Coast Shipping Co., Ltd. Henry Steinbrenner. 03535— Herlofson Shipping Co. A/S Skib- of Cyprus : Buckeye Monitor. saktieselskapet Herva: Silver Coast. Paul L. Tietjen. M /T Tank Duchess. 03871 ------Greeksea Shipping Co. S.A. of Henry Laliberte. 01908— The Union-Castle Mail S tea m sh ip Panama: Uhlmann Brothers. Co., Ltd.: Silver Sea. George M. Steinbrenner. Rotherwick Castle. 03872 ______Silver Hope Shipping Co., Ltd. of R. E. Webster. Rothesay Castle. Cyprus: Kinsman Voyager. Tintagel Castle. Silver Hope. James E. Ferris. Tantallon Castle. 03880— Société Maritime & Commerciale 02440— Johs. Hansen’s Rederi A /S : 03731 — Brown & Root, Inc., T. L. J a m es & S.A.: M /T Ellen. Co., Inc., and Raymond Inter­ 03708— Puget Sound Tug & Barge Co.: national Co., Inc., doing busi­ La Turbie. Tug Active. ness as Tammany Leasing Roquebrune. Barge 155. Co.: 03889— Iron Ore Transport Co., Ltd. : Barge 156. LB-1. S/S Sept Hes. Barge 157. TLC—9.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 NOTICES 6857

Certifl-. Certifi­ Certifi­ cate No. Owner/operator and vessels cate NOé Owner /operator and vessels cate No. Owner / operator and vessels TLC-17. 01634__ Star Financing Ltd.: DXE-1107. TLC-24. Atlantic Empress. DXE-1106. TLC-39. 02499__ Union Oil Company of California: DXE-1105. LB-7. P. O. 2901. DXE-1104. TLC—22. P. O. 2702. ETT-111. TLC-14. P. O. 2701. ETT-110. TLC—2. P. O. 2006. ETT-109. TLC—3. P. O. 2005. ETT-108. TLC—19. P. O. 1902. ETT-107. LB-18. P. O. 1901. Chemical-81<). TLC—15. L. W. Sweet. DXE-1501. TLC—31. Pure Oil. No. 1103. TLC—32. Lompoc. No. 1102. TLC—33. Santa Maria. No. 1101. TLC—34. Avila. ETT-103. TLC—35. David D. Irwin. ETT-106. TLC—36. Sansinena. ETT-105. TLC—38. Lake Palourde. ETT-104. TpC—27. 05275__ Fluor Ocean Services, Inc.: ETT-102. TLC—28. DB 5. ETT-101. TLC—13. WB 110. APW-101. TLC—21. DB 4. Offshore-1402. TLC—25. WB 109. Offshore-1401. TLC-29. RB 2. Chemical-102. TLC—26. DB 3. Chemical-101. TLC—20. DB 6. DXE-581. LB-11. WB 102. DXE—23. TLC-30. WB 101. B-117. TLC—12 WB 107. Colle-151. TLC—37. WB 108. Colle-150. LB-10. WB 103. TTC—1. 08058___ The American Oil Co.: Ranger. C&H-302. Amoco Missouri. Sanford No. 2. Ç&H-300. * Amoco A-52. 02129___ Ore Carriers Ltd.: DXE-25. Amoco A-51. Oreosa. DXE—24. Amoco A-55. Oremina. DXE—28. Amoco A-56. Oregis. DXE—27. Amoco A-54. Orelia. DXE—10. Amoco A-53. Oredian. DXE-13. Amoco 6. Orepton. D—204. Amoco 5. Joya McCance. ABC—2312. Amoco 4. Orotava Bridge. ABC—2311. Amoco 3. * 01623_ Everglades Shipping Company of DXE—2306. Amoco 2. Panama S.A.: DXE-2305. Amoco 1. Atlantic Merchant. DXE—2304. Amoco 300. 01534-_ Little Bear S.A.: DXE-2303. Amoco 7. Grecian Light. DXE-2302. Amoco 10. 01535__ Compania Roblon de Oro S.A.: DXE—2301. Amoco 11. Grecian Flame. DXE—29. Amoco 9. 01536__ Coirraania Maritima Villa Nova DXE-26. Amoco Wisconsin. S.A.: J&3-4000. Amoco Illinois. Grecian Isles. BBT-978. Amoco Indiana. 01537— Comoania Ultramarine S.A.: B—521. 04595.. Antillean . Carriers N.V.: Ocean Seigneur. B—421. Antillian Baron. 01538— Compania Armadora Pegasus S.A.: - DXE—22. Antillian Tiger. Ocean Pegasus. DXE—21. Antillian Brewer. 01539— Comoania Mare Nostrum S.A.: Rookwood. Antillian Hawk. Ocean Triton. Oiïshore-2405. Antillian Star. 01540— Aquila' Tankers S.A.: Offshore—2404. 03446.. Kinsei _ Kisen K.K.: Golden Arrow. Ofîshore-2403. Kanekiyo-Maru. 01541— Legend Maritime Corp.: Offshore—2402. 03007.__ Partrederiet for M/S Mignon: Grecian Legend. Offshore-2301. Mignon. 04289— Dixie Carriers, Inc.: DXE—3005. 04716.. Jason . Shipping Inc.: Eastern—4. DXE-3004. Argo Master. Drake 992. DXE-3003. 03491.. Satokuni . Kisen K.K.: Dixfe Vanguard. DXE—3002. M/S Kiccho Maru. B-29. DXE—3001. M/S Kichiei Maru. B-28. 02372__ Marine Carriers Co. S.A.: 04548.. . Mr. Yasohachi Nakamura: B—27. Panos. Kaiomaru No. 32. B—26. 02377__ Etolika Compania Naviera S.A.: Kaiomaru No. 35. B—25. • Argolis. 03429._. Hakodate Shosen K.K.: B-24. 02381 — ' San s Compania de Inversiones Hakodate Maru No. 1. NBC-1019. S.A.: Hakodate Maru No. 2. DXE—3006. Dimitra. Yoho Maru. B—1014. 02398— Orient Sea Transport S.A. : 05346.. Sociedad . Anonima de Navegacion Superior. Orient Star. Petrolera: Erie. 02399___ Orient Mid-East Lines, Inc.: Punta Arenas. B—19. Orient Linér. Magallanes. Debbie. 02421— Ya^kcmuck Steamships Ltd.: Cabo de Hornos. DXE-103. Yankcanuck. Cabo Tamar. DXE-102. Socrates Navegacion S.A.: 01096.. Anglo . Norness Shipping Co., Ltd.: DXE-101. 02229— Naess Talisman. DXE—75. Dona Rita. Naess Parkgate. Chemical-802. 02230— Fromètheus Navegacion Co. Ltd.: Naess Pioneer. DXE—900-T. Evgenia. 05455. Sameiet M/S Fro: DXE-1109. 02251 — United Sea Carriers, Ltd.: Fro. DXE-1108. Silver Star.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 No. 69—Pt. I----- 6 6858 NOTICES

Certifi­ Certifi- cate No. Owner/operator and vessels cate No. Owner/operator and vessels 02302— First Steamship Co., Ltd.: Esso San Francisco. INTERIM COMPLIANCE PANEL Ever Life. Esso Houston. Ever Success. Esso New Orleans. (COAL MINE HEALTH AND Ever Sureness. Esso Boston. Ever Peace. Esso Baltimore. Ever Faith. Esso Lexington. SAFETY) Ever Honor. Esso Jamestown.- Ever Reliance. Esso Washington. JOHNS CREEK ELKHORN COAL C0RP. 02340.__ Esperide Socleta di Navigazione Esso Gettysburg. S.P.A.: Esso Seattle. Application for Renewal Permit; No­ M/S Gemini. Esso Lima. tice of Opportunity for Public Hearing 02343— Soc. Off. G. Malvicini—Vapori: Bisso Dallas. San Felice. Esso Huntington. Application for a Renewal Permit for 02356.. .Seatide Navigation Co. S.A.: Esso New York. Noncompliance with the Interim Man­ Georgios Paravalos. Esso Florence. datory Dust Standard (3.0 mg./m.3) has Esso Newark. 02366__ Canadian Pacific Railway: been received for consideration as fol­ Esso Bangor. lows : . Princess Patricia. Esso Chester. Princess Marguerite. Eneo Gloucester. (1) ICP Docket No. 10288, Johns Creek Empress of Canada. Esso Miami. Elkhorn Coal Corp., Mine No. 2, USBM ID Beaverelm. Eneo Port Everglades. No. 15 02101 O, Kimper, Pike County, Ky., 02228— Bambi Navegación S.A.: Esso 5. section ID No. 001 (No. 2 main), section ID Dona Ourania. Eneo 100. No. 002 (1st right main). 02224.. .Thoukidides Navegación S.A.: Esso 268. Dona Alexandra. In accordance with the provisions of Esso Connecticut. section 202(b) (4) of the Federal Coal 02225— Euripides Navegación S.A.: Esso 30. Dona Katerina. Esso 29. Mine Health and Safety Act of 1969 (83 Stat. 742, et seq., Public Law 91-173), 02227— Hermes Navegación S.A.: Esso 118. Dona Marika. Esso 119. notice is hereby given that requests for 02202__ Humble Oil & Refining Co.: Esso Tow No. 1. public hearing as to an application for Hunble DB-1 (173). Esso 204. renewal may be filed within 15 days Humble ST-10. Esso 209. after publication of this notice. Requests Humble ST-12. Esso 202. for public hearing must be completed in Esso 222. Esso 203. accordance with 30 CFR Part 505 (35 Esso 31. Esso 207. F.R. 11296, July 15, 197CF), copies of Esso 220. Esso 208. Esso Pennsylvania. which may be obtained from the Panel Esso 236. on request. Esso 237. Esso W. Virginia. Humble 847. Esso 9. A copy of the application is available Esso 238. Esso 12. for inspection and requests for public Esso 32. Esso 13. hearing may be filed in the office of the Esso 221. Esso 14. Correspondence Control Officer, Interim Esso 229. Esso 15. 16. Compliance Panel, Suite 800, 1730 K Esso 230. Esso Street NW., Washington, DC 20006. Esso 241. Esso 17. Esso 213. Esso 18. G eorge A. Hornbeck, Esso 214. Esso 22. Chairman, Esso 233. Esso 23. Interim Compliance Panel. Esso 234. Esso Tennessee. Esso 227. Esso 253. April 5, 1971. Esso 228. Esso 257. [FR Doc.71-4947 Filed 4-8-71;8:46 am] Esso 239. Esso 258. Esso 242. Esso Arkansas. Esso 235. Esso 111. Esso 225. Esso 117. Esso 226. Humble 823. FEDERAL POWER COMMISSION Esso 219. Humble 866. [Docket No. RI71-888, etc.] Esso 217. Esso Fuel Oil. Esso 218. Humble 839. SUN OIL CO. ET AL. Esso 205. Humble 840. Esso 210. Humble 841. Order Providing for Hearing on and Esso 211. Humble 120. Suspension of Proposed Changes in Esso 212. Humble 101. Rates, and Allowing Rate Changes Esso 201. Humble 831. Esso 206. Humble 832. To Become Effective Subject to Esso 224. Humble 833. Refund 1 Humble 834. Esso 266. M arch 31, 1971. Esso 267. Humble 835. Respondents have filed proposed Esso 24. Humble 836. Esso 25. changes in rates and charges for juris­ Humble 837. dictional sales of natural gas, as set forth Esso 26. Humble 838. Esso 223. in. Appendix A below. Esso 231. Esso 110. The proposed changed rates and Esso 232. Esso 33. _ charges may be unjust, unreasonable, Esso 240. By the Commission. unduly discriminatory, or preferential, or Esso 215. otherwise unlawful. Esso 216. F rancis C. H urney, Esso Baton Rouge. Secretary. 1 Does not consolidate for hearing or dis­ Esso Philadelphia. [FR Doc.71-4860 Filed 4r-8-71;8:45 am] pose of the several matters hereIn.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 NOTICES 6859

The Commission finds: It is in the and the Commission’s fuies of practice with the refunding procedure required public interest and consistent with the and procedure, public hearings shall be by the Natural Gas Act and § 154.102 of the regulations thereunder. Natural Gas Act that the Commission held concerning the lawfulness of the proposed changes. (C) Unless otherwise ordered by the enter upon hearings regarding the law­ (B) Pending hearings and decisionsCommission, neither the suspended sup­ fulness of the proposed changes, and thereon, the rate supplements herein are plements, nor the rate schedules sought that the supplements herein be sus­ suspended and their use deferred until to be altered, shall be changed until dis­ pended and their use be deferred as or­ date shown in the “Date Suspended position of these proceedings or expira­ dered below. Until” column. Each of these supple­ tion of the suspension period, whichever ments shall become effective, subject to is earlier. The Commission orders: refund, as of the expiration of the sus­ (A) Under the Natural Gas Act, par­ pension period without any further ac­ By the Commission. ticularly sections 4 and 15, the regula­ tion by the respondent or by the Com­ [ seal] K enneth F. Plumb, tions pertaining thereto (18 CFR Ch. I), mission. Each respondent shall comply Acting Secretary. A ppendix A

R a te in R a te S u p ­ Amount Date Effective ' Date Cents per Mcf* effect sub­ Docket Respondent sched­ p le­ Purchaser and producing area of filing date suspended ject to N o . u le m e n t annual tendered unless until— R a te in P ro p o s e d re fu n d in N o . N o . increase suspended effect increased rate d o c ke ts N o s .

RI71-888-. Sun Oil Co ...... 248 1 Natural Gas Pipe Line Co. of $95,812 3-1-71 ...... « 5 - 2 -7 1 1 72 19 .5 72 21.2 5 America (High Island Field, Offshore Texas). 352 ‘ 11 Uhited Gas Pipe Line Co. (Ridge 172,900 3- 1-71 ...... 10 4 -1 6 -7 1 18 .5 » 2 3 .4 4 Field Lafayette and Vermilion Parishes) (Southern Louisiana). 374 7 9 United Gas Pipe Line Co. 249,937 3 - 1 - 7 1 ...... 10 4 -1 6 -7 1 2 6 18 .5 22 22.375 (Gibson Field, Terrebonne Parish) (Southern Louisiana). 113,950 3 - 1 - 7 1 ...... 16 4-16-71 2 8 20.0 28 25.3 RI71-889-. Texas Gas Explora- 3 5 Texas Gas Transmission Corp. 1 7 ,4 7 7 3 - 1 - 7 1 ...... 4 -2 9 -71 20.625 2 22.375 tion Corp. et al. (Perry et al. Fields, La Fourehe and Vermilion Parishes) (Southern Louisiana). 4 4 8,334 3 - 1 - 7 1 ...... 4 -2 9 -71 20.625 2 22.375 RI71-890-. General American 7 7 H » 10 Transcontinental Gas Pipe Line 240 3 - 3 - 7 1 ...... 16 4 -1 8 -7 1 19 .75 2 20.75 OU Co. of Texas. Corp. (Southeast Gueydan Field) (Vermilion Parish) .(Southern Louisiana). RI70-1744. Getty Oil Co. et a l.. 11 18 Tennessee Gas Pipeline C o., a (945) 3- 2-71 12- 2-70 10 A c c e p te d 72 16.82161 « 72 16.66225 division of Tenneeo Tne. (Various Fields, Colorado et al. Counties, Tex., R R . District N o . 3 ). RI70-1743...... d o -...... 1 4 ____ do...... _...... (281) 3 - 2 -7 1 1 2 - 2 -70 72 A c c e p te d 16.8216 ura 16.66225 RT70-1743. RI71-1.. Getty OU Co ____ 186 1 TrunkUne Gas Co. (South98 Bear- 24,498 3 - 4 -7 1 io 4 -19 -71 18 .5 * 13 3 2 .1 1 head Creek Field) (Beauregard Parish) (Southern Louisiana). RI71-S92.. Roger H . Ogden 2 United Gas Pipe Line Co. (Chau- 6,625 3- 1-71 1« 4 -16 -71 20.0 3 2 1.2 5 and George W . vin Field, Terrebonne Parish) Schneider, Jr. (Southern Louisiana). RI71-893-. Peet OU Co. et al. 13 Transcontinental Gas Pipe Line ...... 3- 3-71 4- 3-71 71 A c c e p te d Corp. (Greta Field, Refugio County, Tex., R R . District No. 2). -d o. 14 ...... i«21,887 3- 3-71 . » 5 - 4^71 » 7211.04125 22 7219.0 16 12.0450 22 21.0 ...... d o ...... 3 - 3 -71 4 - 3 -7 1 9- 3 -71 77 » 27 13.04875 18 27 27 25.0 ____ do______26 10 ...... d o ...... 3 - 3 -71 4r~ 3 -71 77 A c c e p te d ____ do______11 ...... 16 33,825 3 - 3 -71 . » 5 - 4 -7 1 18 ra 11.04125 22 7 2 19.0 » ra 12.0450 28 72 2 1. 0 ...... d o ...... 3 - 3 -71 4 - 3 -71 9 - 3 -71 ir is a n 13.04875 18 21 24 72 25. 0 RI71-894.. Edwin L . Jones 20 20 Transcontinental Gas Pipe Line ______3 - 8 -71 4 - 8 -71 77 A c c e p te d O U C o . Corp. (Greta Field, Refugio County, Tex., R R . District No. 2). ____ do______. . . d o ...... » 60,655 3 - 8 -71 » 5- 9-71 » « 11.04125 22 72 19 .0 is 7212.0450 22 72 21.0 3- 8-71 4- 8-71 9 - 8 -7 1 17 « 72 13.04875 78 2< 72 25.0 ------d o ______N 10 203 Transcontinental Gas Pipe Line ...... 3- 8-71 4- 8-71 77 A c c e p te d ...... - ...... Corp. (Northeast Harris Field, Live Oak County, Tex., R R . District No. 2). -d o ...... d o ...... v ...... » 15,881 3 - 8 -71 5_ 9-71 is n H , 04125 22 ra 19 .0 « 7212.0450 23 72 2 1 . 0 3- 8-71 4- 8-71 9- 8-71 h « » 7213.04875 IS 24 72 25. 0 .d o . 21. 0 RI71-895... Marathon Oil Co ___ 12 2» 17 Transcontinental Gas Pipe Line 29 3,141 3 - 5 - 7 1 ...... 2 5 - 6 -7 1 22 72 H. 03989 28 72 Corp. (La Gloria Field, Jim 26 w 12.04359 Wells and Brooks Counties, 27 7213.0 4477 Tex., R R . District No. 4). RI71-896-.. Union Oil Co. 01 49 SO 31 9 United Gas Pipe Line Co. 120,450 3 - 1 -7 1 ...... 10 4-16-71 23.25 2 26.0 RI60-450. California. (Houma Field, Terrebonne • Parish) (Southern Louisiana). 165 30 81 7 Transcontinental Gas Pipe Line 14,600 3 - 1 - 7 1 ...... 10 4^16 -71 19 .0 8 20.0 Corp. (Block 208, Ship Shoal Area Offshore Louisiana). RI68-91.. . Atlantic Richfield 4 20 15 Tennessee Gas PipeUne Co., a 3- 8-71 4- 8-71 ra Accepted ____. . . R I6 8 -9 1 . C o . et a l. division of Tenneeo Inc. (Mid­ land Field, Acadia Parish, Southern Louisiana). 4 16 ...... d o ...... — 22 30,432 3 - 8 -7 1 ...... 72 4 -2 3 -71 20.625 2 22 22.375 RI68-91. 222 26.00 See footnotes at end of table.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6860 NOTICES

A ppen dix A — Continued

Rate in Rat«; Sup- Amount Date Effective Date Cents per Mcf* effect sub­ D o c k e t R e s p o n d e n t sched- ple- Purchaser and producing area of filing date suspended ject to N o . u le m e n t annual tendered unless until— Rate in Proposed refund in N o . N o . increase suspended effect increased rate dockets Nos.

RI71-897- Hunt Industries ____ 7 7 Michigan Wisconsin Pipe Line 1 9 ,0 0 0 3 - 8 -7 1 88 5-27-71 -21. 25 8 22.25 Co. (Blocks 24 and 25 Off­ shore Louisiana). RI71-898.. Hunt Oil Co ___ 64 6 ____ d o ___,______2 0 ,0 0 0 3 - 8 -7 1 88 5-27-71 2 1 .2 5 » 2 2 .2 5 RI71-899.. George W. Graham, 2 4 Natural Gas Pipeline Co. of 9 ,1 3 5 3- 8-71 4- 8-71 9 - 8 -7 1 12 1 8 .0 12 2 4 .0 9 RI68-107. Inc. et al. America (Fulton Beach Field Arkansas County, Tex., R R . District No. 4). RI71-900.. Pennzoil Producing 224 10 Southern Natural Gas Co. 6,969 3- 4-71 4 - 4 -7 1 9- 4-71 25. 7762 2 7 .8 8 7 9 RI71-215. C o . et al. (Dexter Field, Marion and Walthall Counties, Miss.). RI71-901— Atlantic Richfield __ 242 36 37 13 Natural Gas Pipeline Co. of - 8,907 3- 1-7Î 8 « 5- 2-71 « 14.0508 - 1216.73376 RI70-621. America (La Gloria Field, Brooks and Jim Wells Counties, Tex., R R . District No. 4).

RI71-902.. Union Oil Company 38 30 38 g Texas Gas Transmission Corp. 40,545 3- 4-71 W4-19-71 22.375 88 2 5 .5 5 RI71-564. of California. (Bayou Pigeon Field, Iberia Parish, Southern Louisiana). RI71-903.. Kerr-McGee Corp... 27 * 10 Michigan Wisconsin Pipe Line 2,433 3- 5-71 88 6- 2-71 25.33333 8 « 26.0 RI71-834. • Co. (Cameron Field, Cameron Parish, Southern Louisiana). RI71-904.. P. R . Rutherford 5 - 8 United Gas Pipe Line Co. 3 - 8 -7 1 4- 8-71 »Accepted .. et al. (Crescent Farms Field, 2 ,8 3 5 3 - 8 -7 1 10 4 -2 3 -7 1 2 1 .2 5 » 41 45 46 2 2 . 375 Terrebonne Parish, Southern Louisiana). 11171-905._ Cities Service Oil 209 4 Texas Eastern Transmission 40 2 3 - 8 -7 1 . 8 5 - 9 - 7 1 12 is . 065« « 1 6 .0 7 RI70-475. C o . Corp. (State Tract III, North Panther Reef Field Offshore T e x a s ). RI71-906-. Davis Oil Co. et a L. 11 3 United Fuel Gas Co. (Valentine 15,660 3- 8-71 « 4-23-71 1 9 .5 2 1 .1 Field, Lafourche Parish, Southern Louisiana). RI71-907.. Woods Exploration 2 3 Tennessee Gas Pipeline Co., 18,123 8- 8-71 » 5 - 9 - 7 1 « « 72 16. 0 « 12 18.16947 and Producing a division of Tenneco Inc. C o . et al. (East Bernard Field, Wharton County, Tex., R R . District N o . 3 ). RI71-908.. R. C. Turner et a l.. 1 1 Natural Gas Pipeline Co. of 6,383 3-12-71 » 5-13-71 12 16.0 12 17.06375 America (Escobas Queen City Field, Zapata County, Tex. R R . District No. 4). RI71-909.. Kerr-McGee Corp... 113 1 Natural Gas Pipeline Co. of 4 7 ,1 2 9 - 3 -1 2 -7 1 « u 4 -2 7 -7 1 ‘1 « 21. 520 8 « 2 7 .9 7 6 America (Mermentau River Field, Acadia Parish, Southern Louisiana). RI71-910-. Amoco Production 559 1 Transcontinetal Gas Pipe Line 164,250 3-11-71 4 -1 1 -7 1 « 9 -1 1 -7 1 » 16. 0 » 2 5 . 0 C o . Corp. (Luby and Petronilla Fields, Nueces County, Tex., R R . District No. 4). RI71-911.. Joseph P . M ueller... 1 7 Florida Gas Transmission Co. 3,300 3- 5-71 » 5 - 6 - 7 1 » 1216.0 »19.0 (LaReforma Field, Starr - County, Tex., R R . District N o . 4 ). RI71-912-. Tonkana Gas 1 2 Transcontinental Gas Pipe Line 3 ,5 1 6 3- 8-71 • 5-9-71 20.6 2 1 .5 Processing Co. Corp. (Nancy and East Nancy Fields, Clarke County, Miss.). 2 2 ____ d o ...... 3 - 8 -7 1 » 5 - 9 - 7 1 2 0 .6 2 1 .5 RI71-913.. Pennzoil Producing 223 62 63 16 United Gas Pipe Line Co .61 (D e e r 1 6 ,0 3 1 3 -1 0 -7 1 io 4 -2 5 -7 1 2 2 .3 7 5 »23.5 RI71-685. C o . Island Field, Terrebonne Parish Southern Louisiana)...... d o ...... 225 52 B 16 United Gas Pipe Line Co .51 8,630 3-10-71 . io 4-2 5 -71 2 2 .4 8 2 4 8 2 3 .8 R I 7 1 -6 8 5 ; (Bayou Rambio Field, Terre­ bonne Parish, Southern Louisiana)...... d o ...... 271 644 Sea Robin Pipeline Co.8* (Block 15,300 3-19-71 »4-25-71 17.0 » 2 1 .2 5 222, Ship Shoal Area Offshore Louisiana). RI71-914.. Tenneco Oil C o ..... 60 2 Southern Natural Gas Co. 9,831 3- 9-71 4- 9-71 9 - 9 -7 1 21. 552 8 - 2 5 .8 0 6 6 (Dexter Field, Walthall and Marion Counties, Miss.). BI71-915— Tenneco Oil Co. et 140 5 Tennessee Gas Pipe Line Co., a 6 ,1 0 2 3 - 9 -71 » 5 -1 0 -7 1 « 12 16.16947 » 18.16947" a l. division of Tenneco, Inc.8« (Trull Field, Matagorda County, Tex., R R . District N o . 3 ). R I6 2 -4 8 5 . RI71-916-. Phillips Petroleum 352 4 Florida Gas Transmission Co; 4 ,6 6 0 3 -1 0 -7 1 • 5 -1 1 -7 1 »2 1 7 .5 7 6 6 » 1 8 .5 8 0 9 C o . (East Corpus Christ! Bay Field Nueces County, Tex., R R . District No. 4). RI71-917— Clark Oil Producing 4 10 Southern Natural Gas Co. (Plum 1 ,1 8 6 3 -10 -71 » 4 - 2 5 - 7 1 »i » 1 8 .5 > 2 6 .0 C o . Point Field, Lafourche Parish, »1 88 2 0 .0 Southern Louisiana). 2 2 .3 7 5 R 171-685. See footnotes at end of document.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 NOTICES 6861

A ppen dix— Continued-

R a te in R a te S u p ­ Amount Date Effective Date Cents per Mcf* effect sub- Docket R e s p o n d e n t sched­ ple­ Purchaser and producing area of filing ' date suspended ------—------;— ject to N o . u le m e n t annual tendered unless until— Rate in Proposed refund in N o . N o . increase suspended effect increased rate dockets N o s .

BI71-918-.. Atlantic Richfield 59 «o 32 United Gas P/L Co. (Sibley 3- 8-71 4- 8-71 n Accepted * C o . et a l. Field, Webster Parish, North­ ern Louisiana). ♦ 59 33 ___.d o ...... '£ ___ 277 3- 8-71 ______» 5- 9-71 ' 84 13.5508 16 .0 2 8211 Mississippi River Transmission 4 ...... 3-15-71 4-15-71 « Accepted ...... Corp. (North Ruston Field, Lincoln Parish, Northern Louisiana). 2 12 ____d o . . . . . ___ ...... 2,777 3-15-71 ...... » 5 -1 6 -7 1 m ej 88 14. 6039 » « 18. 75 RI71-919-.. Champlin Petro- 53 . 87 7 Cities Service Gas Co. (Witcher ...... 3-12-71 4-12-71 74 Accepted ...... leum Co. et al. Gasoline Plant, Oklahoma County) (Oklahoma Other A r e a ). 53 8 ____d o ...... 116,280 3-12-71 ...... »5-13-71 * «8 n 12. 0 * « 17.168 RI71-9 20-.. Tenneco Oil Co ___ 195 5 E l Paso Natural Gas Co. (Jalmat 3,594 3-11-71 ...... *5 -1 2 - 7 1 «12.57 «17.50 Field, Lea County, .N. Mex., Permian Basin). 254 4 ____d o . .^ ...... 619 3-11-71 ...... » 5 -12 -71 « 12.57 « 17.50

’ Unless otherwise stated, the pressure base is 15.025 p.s.i.a. 37 Applicable to applicants pro rata increased quantity of gas covered by July 13, I Temporary certificated rate. Refund condition to the just and reasonable rate 1970, amendments. presently in effect. 38 Pertains to the reservoirs identified therein. * Inclusive of B .t.u . adjustment of 1.065 cents for 1,100 B .t.u . gas. 39 Pursuant to Opinion No. 567 and Order No. 413. 9 Increase resulting from termination of moratorium in Southern Louisiana pursuant 40 O r 1 day from date the Commission authorizes Atlantic in Docket G-3287 to to Order No. 413, as amended. increase quantities per Ju ly 13, 1970, agreement, whichever, is later. 4 As corrected by filing transmitted by letter dated Mar. 1,1971. 41 Increased rate limited to the rate prescribed in the Order issued Dec. 24, 1970, * Includes tax reimbursement of 1.6 cents for capable wells or 1.1 cents for incapable in Docket No. R-394. wells. 42 Amendment dated N ov. 20, 1970, provides among other things, for the renego­ 8 For gas from reservoirs discovered prior to Oct. 1,1968 tiated rate of 23.5 cents. 7 For residue gas after processing. 43 Initial In-Line certificated rate prescribed for this sale in Opinion No. 475. Pre­ 8 For gas from reservoirs discovered on or after Oct. 1,1968. viously shown as 16.16947 cents. 9 61 days fro m d a te o f filin g . 44 Subject to a 0.21931-cent dehydration charge. 10 45 days from date of filing. 45 Proposed rate was the renegotiated rate of 23.50. II Applies to all known reservoirs except the Sub-Alliance, Midgysinoides, Camer- 46 Subject to B .t.u . adjustment if applicable, up to the contract price. ina, and Reservoir A Sand Reservoirs. 47 Gas well gas sales. 19 Decrease to contractually authorized tax reimbursement. 48 Inclusive of B.t.u. adjustment. > 13 Includes 6.11 cents B .t.u . adjustment for gas containing 1,297 B .t.u . 49 Or 1 day from the date of initial delivery, whichever is later. “ Submitted as an amended filing to supplement an earlier increased rate filing 50 16-cent rate is E S R in RI62-542. which inadvertenly failed to include all of the gas sold under such rate schedule. 81 Both buyer and seller are wholly owned subsidiaries of Pennzoil United Inc. Being considered as an increase applicable to gas not covered earlier. 82 Submitted as a correction to a previous filing made on Dec. 22,1970. Being con­ 18 For gas which does hot require compression or which is compressed by buyer. sidered as an increase applicable to gas not covered by the prior filing. 18 For gas compressed by buyer, the facilities which seller m ay elect to take over. 83 Pertains to gas produced from reservoirs discovered after Oct. 1, 1968, which ■' For gas requiring compression, the facilities for which seller elects to maintain was inadvertently omitted in earlier filings. and operate. 84 Applicable to casinghead gas. 18 Subject to a 0.21931-cent reduction for all gas dehydrated by buyer. 88 Sea Robin is a Joint Venture of Southern Natural & United Gas P/L Co. and 19 Based on the assumption that all gas was sold at 11.04125 cents and w ill be sold United & Pennzoil are affiliated. at 19 cents which m ay or m ay not be true, gas m ay be sold at one, two or three rates. 88 Both buyer and seller are affiliates of Tenneco, Inc. "Agreement dated Dec. 31, 1970, provides, among other things for extension of 87 Applicable to gas added by Supplement N o. 8. (Agreement dated Oct. 8, 1970) contract and for renegotiated rates specified herein. 88 For gas well gas. 21 Subject to Downward B .t.u . price adjustment. 89 For casinghead. 22 For gas from reservoirs discovered prior to Sept. 28,1960. 89 Amendment dated Feb. 10, 1971, provides for 16-cent contract rate and extends term of contract for 10 ye ars. For gas from reservoirs discovered from Sept. 28,1960 to June 17, 1970. 23 84 Includes 1.5-cent tax reimbursement. 24 For gas from reservoirs discovered on or after June 17,1970. 82 Amendment dated Mar. 8, 1971, provides for 17-cent contract rate. Provides for 25 For dehydrated gas not compressed by seller. tax reimbursement of 1.75 cents except that the reimbursement shall be 1.3 cents 28 For dehydrated gas compressed by seller using buyer’s compressors. for oil well gas having a well head pressure of less than 50 p.s.i.g. or from a gas well 27 For dehydrated gas compressed by seller using its compressors. w ith less than 250/Mcf daily capacity, and extends contract term 10 years. contractual increase due to expiration on Apr. 1, 1971, of the term of the basic 83 Includes 1.75-cent tax reimbursement. 84 Includes 1.333-cent tax reimbursement. Base rate subject to Downward B .t.u. adjustment. 29 As amended. 88 88 Includes 0.2249-cent dehydration reimbursement paid by buyer. 38 includes documents required by Opinion No. 567 establishing the discoverv 87 Am endment dated Feb. 25, 1971, providing for 16 cents from Feb. 25,1971 to Mar. date of N e w R eservoirs. 31, 1976, and 17 cents thereafter; provides for upward and downward B .t.u . adjust­ 31 Applicable to reservoirs identified therein. ment from 1,000 B .t.u .’s per cubic foot and extends term of contract 10 years. 32 For gas produced from reservoirs producing on N ov. 1, 1970. The Feh in 1071 88 Base rate subject to dpwnward B .t.u . adjustment from 1,050 B.t.u./cf. agreement provides for a rate of 23.25 cents. ’ ’ ’ 89 Includes 1.168-cent upward B .t.u . adjustment base rate subject to upward and 33 For gas produced from reservoirs discovered subsequent to N o v. 1 1970 T h o downward B .t.u. adjustment. Feb. 10,1971, agreement provides for 28 cents. ’ ' 116 78 Accepted.for filing subject to the existing rate proceedings in Docket Nos. RI70- 1744 and RI70-1743, respectively, to be effective as of Dec. 2, 1970. 34 Applies only to gas from leases and reservoirs producing on N o v. 1 1970 No vas Accepted to become effective on the dates shown in the “ Effective Date” column. presently being sold from reservoirs discovered after N o v. 1, 1970. ’ ' B 71 The acceptance of the agreements filed by Peet Oil Co. and Edw in L . Jones Oil Co. 39 One day from contractually due date. is subject to the conditions prescribed elsewhere in this order. As corrected. 38 72 The pressure base is 14.65 p.s.i.a. The agreements filed by Peet Oil Co. and tain to the reserves specified therein and the proceedings, effective as of the requested Edwin L. Jones Oil Co. in addition to provid­ increases are limited only to gas produced date. , ing for the proposed increased rates also pro­ from such reserves. Also, Respondents are Union Oil Co. of California had previously vide for future escalations to any higher advised that the acceptance of such agree­ filed a proposed increase under its FPC Gas area ceiling or settlement rate prescribed "by ments does not constitute any authorization Rate Schedule No. 165, to 20 cents per Mcf, the Commission. The provisions relating to to abandon any acreage covered by the orig­ applicable to gas well gas produced from the area rate do not conform with § 154.93 inal contracts which is not covered by these newly discovered reservoirs. Such increase was suspended for 1 day and made effec­ (h-1) of the Commission’s regulations. Con­ agreements. The proposed decreases of Getty Oil Co. re­ tive subject to refund in Docket No. RI70— sistent with Commission action taken on flect a downward adjustment in the amount 1428. Union now states that one of the res­ similar filings not in conformity with § 154.93 of tax reimbursement to which applicant is ervoirs, the “ Crist. Sub 9” reservoir, which (k-1), the agreements are accepted for filing contractually entitled consistent with the it had claimed as a newly discovered reser­ upon expiration of statutory notice with the voir, does not qualify for such status and tax reimbursement provisions under the re­ therefore requests withdrawal of the docu­ condition that the provisions relating to the spective contracts. The present rates became ments pertaining to that reservoir. Accord­ area rate will only apply upon the Commis­ effective op December 2, 1970, subject to re­ ingly, the order issued March 27, 1970, sus­ sion’s approval of a just and reasonable rate, fund in Docket No. RI70-1744 and RI70-1743 pending the proposed increase in Docket No, °r settlement rate, in an applicable area rate respectively and Getty requests that the pro­ RI70-1428 is amended to reflect that such proceeding, for gas of comparable quality and increase does not apply to the “Crist. Sub 9” posed decreases become effective on the same reservoir and that the documents relating vintage. Additionally such agreements are date. The proposed decreases are accepted to the “ Crist. Sub 9” reservoir (Exhibit ^epted for filing only insofar as they per- for filing subject to refund in the existing “A-3” ) are considered as withdrawn.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6862 NOTICES

All of the Southern Louisiana increases obsolete. A copy of the amendments- is [70-5011] are suspended for a period ending 45 days available for inspection at the. Securities from the respective dates of filing or 1 day and Exchange Commission, 500 North COLUMBIA GAS SYSTEM, IN£. from the requested or contractually due dates, whichever is later, consistent with Capitol Street, Washington, DC 20549. Notice of Proposed Issue and Sale of prior Commission action on Southern Lou­ Commission action. The text of the Short-Term Notes to Banks and to isiana increases exceeding the area rates set Commission action declaring effective forth in Opinions Nos. 546 and 546-A. The the amendments to the NASD plan filed Dealers in Commercial Paper and proposed increased rates in areas outside pursuant to paragraph Ob) of § 240.17a- Exception From Competitive Bid­ Southern Louisiana which exceed the cor­ 10 of Chapter n of Title 17 of the Code ding Requirements responding rate limitation for increased of Federal Regulation under the Securi­ rates in Southern Louisiana are suspended ties Exchange^ Act of 1934 is as follows: A pril 2,1971. for 5 months upon expiration of statutory Notice is hereby given that The Colum­ notice period. All of the other increases are On April 30, 1970 the Securities and Ex­ bia Gas System, Inc. (Columbia), 20 suspended for periods ending 61 days from change Commission declared effective a plan the respective dates of filings or for 1 day filed by the National Association of Securi­ Montchanin Road, Wilmington, DE from the requested or contractually due ties Dealers, Inc. (NASD) with the Commis­ 19807, a registered holding company, has dates, whichever is later. sion pursuant to paragraph (ta) of § 240.17a- filed an application with this Commis­ Certain respondents request either waiver 10 under the Securities Exchange Act of 1934. sion pursuant to the Public Utility Hold­ of notice or effective dates for which ade­ The Securities and Exchange Commission ing Company Act of 1935 (Act), desig­ quate notice was not given. Good cause has acting pursuant to the Securities Exchange nating section 6(b) thereof and Rule 50 not been shown for granting these requests Act of 1934, particularly section^ 17 (a) and (a) promulgated thereunder as applica­ and they were denied. 23(a) thereof and § 240.17a-10(b) there­ ble to the proposed transactions. All in­ All of the producers’ proposed increased under, deeming it necessary for the exercise rates and charges exceed the applicable area of the functions vested in it, and .having due terested persons are referred to the price levels for increased rates as set forth regard for the public interest and for the application, which is summarized below, in the Commission’s Statement of General protection of investors, hereby declares ef­ for a complete statement of the proposed Policy No. 61-1, as amended (18 CFR 2.56). fective on March 30,1970, the amendments to transactions. the NASD plan filed by the NASD with the [PR Doc.71-4804 Piled 4-8-71;8:45 am) Columbia requests that the exemption Commission on March 1, 1971 subject to the from the provisions of section 6(a) of same conditions as contained in the Com­ mission action of April 30, 1970 referred to the Act afforded to it by the first sen­ above. The Commission finds that notice and tence of section 6(b) thereof, relating SECURITIES AND EXCHANGE subsequent procedure specified in 5 U.S.C. to the issue and sale of short-term notes, 553 are unnecessary with respect to this be increased through May 31, 1972, from COMMISSION action. 5 percent to approximately 15 percent of (Secs. 17(a), 23(a), 48 Stat. 897,901, as the principal amount and par value of [Release No. 34-9130] amended by 49 Stat. 1379 and 52 Stat. 1076; the other securities of Columbia then NATIONAL ASSOCIATION OF 15 U.S.C. 78q, 78w) outstanding in order to permit Columbia to have outstanding up to $180 million SECURITIES DEALERS, INC. By the Commission. principal amount of proposed short-term Action Declaring Amendments to [ seal] R osalie F. Schneider, notes, consisting of bank notes and com­ Plan To Be Effective Recording Secretary. mercial paper. Generally, Columbia will M arch 30, 1971. make the proceeds from the sale of these The Securities and Exchange Commis­ notes available to its subsidiary com­ sion has announced that it has declared [PR Doc.71-4957 Piled 4-8-71;8:47 am] panies for construction, for the purchase effective amendments filed by the Na­ of underground storage gas during the tional Association of Securities Dealers, [Pile No. 1—4Î92] summer months, and for other short­ Inc. (NASD) to its Rule 17a-10 plan. term seasonal requirements, in accord­ That plan, which was filed pursuant to CANADIAN JAVELIN, LTD. ance with the terms of another filing with paragraph (b) of Rule 17a-10 (17 CFR Order Terminating Summary this Commission (File No. 70-5010). Of 240.17a-10) under the Securities Ex­ the maximum of $180 million to be bor­ change Act of 1934, was declared effec­ Suspension of Trading rowed, up to $80 million will be used for tive by the Commission on April 30, A pril 1,1971. the subsidiary companies’ underground 1970.1 Paragraph (b) provides that upon The common stock, no par value of storage gas and other short-term sea­ Commission approval of a plan filed by Canadian Javelin,. Ltd., being listed and sonal requirements and will be repaid a national securities exchange or a reg­ registered on the American Stock Ex­ from cash generated during the winter istered national securities association, change and being traded otherwise than months. The subsidiary companies’ con­ the members of such exchange or asso­ on a national securities exchange; and struction expenditures are estimated to ciation need not file with the Commis­ aggregate approximately $262,500,000 sion the annual income and expense re­ The Commission having, on March 26, during 1971. port required by paragraph (a) of Rule 1971, issued an order pursuant to sections 15(c) (5) and 19(a) (4) of the Securities Columbia proposes to issue and seU, 17a^l0. Thus, NASD members are re­ from time to time, commercial paper in quired under the terms of the NASD plan Exchange Act of 1934 summarily sus­ pending trading in said securities effec­ the form of promissory notes to one or to file an annual income and expense re­ more dealers in commercial paper, up to port (i.e., NASD Form 17a-10) with the tive for the period March 27, 1971, through April 5,1971; and $180 million face amount to be outstand­ NASD and are not required to file Form ing at any one time. Hie aggregate X-17A-10 (17 CFR 249.618) with the The Commission being of the opinion amount of commercial paper notes and Commission. that the public interest does not require of bank notes outstanding at any one The effect of one of the changes to the continuance of said suspension of time will not exceed $180 million. It is that plan is to make it clear that all trading: Columbia’s intention to issue and sell NASD members will continue indefi­ It is ordered, Pursuant to sections 15 commercial paper and continue to do so nitely to file an annual income and ex­ (c) (5) and 19(a) (4) of the Securities as long as the effective interest rate is pense report with the NASD. In addition, Exchange Act of 1934, that the suspen­ less than the effective interest cost which another amendment deletes a provision sion of trading pursuant to said order of Columbia would have to pay to banks for as to the deadline date for filing which March 26, 1971, shall terminate effec­ an equivalent amount of funds as of was only applicable to the 1969 annual tive at the opening of business on April 5, the date of borrowing, except that, in income and expense reports and is now 1971. order to obtain maximum flexibility, By the Commission. commercial paper may be issued with a maturity of not more than 60 days from 1 For a description of the NASD plan and R osalie F. S chneider, the Commission action declaring it effective, the date of issue with an effective inter­ see Securities Exchange Act Release No. 8876 Recording Secretary. est cost in excess of such effective inter­ (Apr. 30, 1970, 35 F.R. 7395). [PR Doc.71-4958 Filed 4-8-71;8:47 am] est cost on bank borrowings.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 NOTICES 6863

The commercial paper notes will be of 1971, request in writing that a hearing be the Stars, Suite 2400, Los Angeles, CA varying maturities, not to exceed 270 held on such matter, stating the nature 90067, a closed-end, diversified, manage­ days, and none will be prepayable prior of his interest, the reasons for such re­ ment investment company registered to maturity. The actual maturities will quest, and the issues of fact or law raised under the Investment Company Act of be determined by market conditions, ef­ by said application which he desires to 1940 (Act), has filed an application pur­ fective interest cost to Columbia, and controvert; or be may request that he suant to section 17(b) of the Act for an Columbia’s anticipated cash require­ be notified if the Commission should or­ order exempting from the provisions of ments at the time of issue. Each com­ der a hearing thereon. Any such request section 17(a) of the Act the exchange mercial paper note will be issued in should be addressed: Secretary, Securi­ by Applicant of an aggregate of 523,034 denominations of not less than $50,000 ties and Exchange Commission, Wash­ shares of common stock of Haven In­ and not more than $1 million and will be ington, D.C. 20549. A copy of such request dustries, Inc. (Haven) owned by Ap­ sold to the dealers at a discount which should be served personally or by mail plicant with Haven for an aggregate of will be not in excess of the discount rate (airmail if the person being served is 152,548 shares of The Service Group, per annum prevailing at the date of located more than 500 miles from the Inc. (Service Group) common stock issuance for prime commercial paper of point of mailing) upon the applicant at owned by Haven. All interested persons the particular maturity. the above-stated address, and proof of are referred to the application on file It is stated that no commission or fee service (by affidavit or, in case of an at­ with the Commission for a statement of will be payable in connection with the torney at law, by certificate) should be the representations made therein, which issue and sale of the commercial paper filed with the request. At any time after are summarized below. notes. Each dealer, as principal, will re­ said date, the application, as filed or as Applicant owns 800,000 shares of voting offer such notes at a discount rate of it may be amended, may be granted as common stock of Haven. These shares one-eighth of »1 percent per annum less provided in Rule 23 of the general rules constitute approximately 7 percent of than the discount rate to Columbia. The and regulations promulgated pnder the the outstanding voting securities of notes will be reoffered to no more than Act, or the Commission may grant ex­ Haven. Haven owns approximately 12 100 customers of each dealer, identified emption from such rules as provided in percent of the outstanding voting secu­ and designated in a list (nonpublic) pre­ Rules 20(a) and 100 thereof or take such rities of Service Group. Section 2(a) (3) pared in advance. In no event will the other action as it may deem appropriate. of the Act defines the term “ affiliated total number of customers, to which Persons who request a hearing or advice person” to include, in part, any person such notes will be reoffered, exceed 200. as to whether a hearing is ordered will directly or indirectly owning, control­ No additions will be made to such cus­ receive notice of further developments in ling, or holding with power to vote, 5 per tomer lists, which willconsist of institu­ this matter, including the date of the centum or more of the outstanding voting tional investors which invest funds in hearing (if ordered) and any postpone­ securities of such other person, and any commercial paper. It is expected that ments thereof. person 5 per centum or more of whose Columbia’s commercial paper notes will For the Commission, by the Division of outstanding voting securities are directly be held by customers to maturity, but, Corporate Regulation, pursuant to dele­ or indirectly owned, controlled, -or held if they wish to resell prior thereto, the gated authority. with power to vote, by such other person. dealers, pursuant to a repurchase agree­ Accordingly, Applicant and Haven may ment, will repurchase the notes and re- [seal] R osalie F. Schneider, be persons deemed to be affiliated with offer the same to others in its specified Recording Secretary. each other within the meaning of section group of customers. [FR Doc.71-4964 Filed 4-8-71;8:47 am] 2(a) (3) of the Act. Columbia requests exception from the Applicant and Haven have entered competitive bidding requirements of [File No. 500-1] into an agreement of exchange pursuant Rule 50 for the proposed issue and sale to the terms of which Applicant would of its commercial paper. Columbia states CROWN DRUG CO. deliver to Haven 523,034 shares of Haven that the proposed commercial paper common stock and receive from Haven notes will have a maturity of nine months Order Suspending Trading in exchange therefor 152,548 shares of or less, that it is not practical to invite A pril 1,1971. Service Group common stock owned by competitive bids for commercial paper, It appearing to the Securities and Ex­ Haven. The Haven shares owned by Ap­ and that current rates for commercial change Commission that the summary plicant and the Service Group shares paper for such prime borrowers as Co­ suspension of trading in the »common owned by Haven are restricted securities lumbia are published daily in financial stock of Crown Drug Co. (a Delaware in that they have not been registered publications. corporation) and all other securities of pursuant to section 5 of the Securities Columbia proposes that up to $80 mil­ Crown Drug Co. being traded otherwise Act of 1933. However, registration rights lion of the aforesaid commercial paper than on a national securities exchange is satisfactory to Applicant, relating to the will be converted into inventory bank required in the public interest and for Service Group shares to be so acquired loans on or before November 1,1971, and the protection of investors: by Applicant, were granted to Applicant Columbia has secured credit lines from a It is ordered, Pursuant to section 15(c) by Service Group. group of 32 banks in a maximum aggre­ (5) of the Securities Exchange Act of The basis for the exchange of Haven gate amount of $80 million, borrowings 1934, that trading in such securities shares for Service Group shares is a ratio thereunder to be repaid at maturity in otherwise than on a national securities of 0.29166 shares of Service Group com­ February, March, and April of 1972 with exchange be summarily suspended, this mon stock for each share of Haven cash generated from operations. The order to be effective .for the period April 2, common stock. Applicant represents that bank loans will bear interest at the mini­ 1971, through April 11,1971. this ratio is roughly equivalent to the mum commercial lending rate in effect ratio between the market prices of freely from time to time at Morgan Guaranty By the Commission. tradeable securities of Service Group Trust Company of New York. The notes [ seal] R osalie F. S chneider, and those of Haven as quoted in the will be prepayable, in whole or in part, Recording Secretary. over-the-counter market at the time the at any time without premium or penalty, proposed exchange was originally dis­ except that no prepayments may be made [FR Doc.71-4959 Filed 4-8-71;8:47 am] cussed between Applicant and Haven. with funds borrowed from banks at a The number of shares to be exchanged lower rate of interest. [812-2753] was determined on the basis of Appli­ The fees and expenses to be paid by FUND OF LETTERS, INC. cant’s investment policy that it will not Columbia in connection with the pro­ acquire more than 10 percent of the out­ posed transactions are estimated at $800. Notice of Filing of Application for standing voting securities of any one It is stated that no State commission and Order Exempting Proposed Trans­ Po Federal commission, other than this issuer. Commission, has jurisdiction over the action Applicant asserts that after analyzing Proposed transactions. A pril 2,1971. the respective managements, the finan­ Notice is further given that ar Notice is hereby given that Fund of cial condition, including liquidity, book ested person may, not later than. Letters, Inc. (Applicant), 1900 Avenue of value, cash flow, and growth rates of

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6864 NOTICES each Service Group and Haven, the in­ of such service (by affidavit or in case of 26, 1971, request in writing that a hear­ dustry in which each is involved, and an attorney at law by certificate> shall ing be held on such matter, stating the market factors affecting the common be filed contemporaneously with the re­ nature of his interests, the reasons for stock of each of such companies, it be­ quest. At any time after said date, as such request, and the issues of fact or lieves that the exchange as proposed is provided by Rule 0-5 of the rules and law raised by said application-declara­ fair and reasonable to all parties. This regulations promulgated under the Act, tion which he desires to controvert; or analysis is set forth in more detail in the an order disposing of the matter herein he may request that he be notified if the application, as amended. may be issued by the Commission upon Commission should order a hearing Applicant’s investment objective is to the basis of the information stated in thereon. Any such request should be ad­ attain the maximum possible capital ap­ the application, unless an order for hear­ dressed : Secretary, Securities and Ex­ preciation consistent with and primarily ing upon said proposal shall be issued change Commission,. Washington, D.C. through its policy of investing principally upon request or upon the Commission’s 20549. A copy of such request should be in restricted securities. Applicant is of own motion. Persons who request a hear­ served personally or by mail (airmail if the opinion that its investment objec­ ing or advice as to whether a hearing is the person being served is located more tives in owning Haven stock are not ordered, will receive notice of further de­ than 500 miles from the point of mailing) likely to be met in the foreseeable future. velopments in this matter, including the upon NEES at the above-stated address, Similarly, it represents that after a date of the hearing (if ordered)/ and any and proof of service (by affidavit or, in thorough review and analysis of Serv­ postponements thereof. case of an attorney at law, by certificate) ice Group, its condition (financial and For the Commission, by the Division of should be filed with the request. At any other), and its prospects, an investment Corporate Regulation, pursuant to dele­ time after said date, the application-dec­ by Applicant in Service Group is likely gated authority. laration, as filed or as it may be amended, to advance the investment objectives of may be granted and permitted to become Applicant. Applicant submits that the [seal] ' R osalie F. S chneider, effective as provided in Rule 23 of the terms of the proposed transaction, in­ Recording Secretary. general rules and regulations promul­ cluding the consideration to be paid and [FR Doc.71-4960 Filed 4-8-71;8:47 am] gated under the Act, or the Commis­ received, are reasonable and fair and do sion may grant exemption from such not involve overreaching on the part of rules as provided in Rules 20(a) and 100 any person concerned; and further that [70-5009] thereof or take such other action as it the proposed transaction is consistent NEW ENGLAND ELECTRIC SYSTEM may deem appropriate. Persons who’re­ with the investment policy and general quest a hearing or advice as to whether purposes of Applicant. Notice of Proposed Issue and Sale of a hearing is ordered will receive notice Section 17(a)(2) of the Act provides, Common Shares by Holding Com­ of further developments in this matter, in pertinent part, that it shall be unlaw­ including the date of the hearing (if or­ ful for any affiliated person of a regis­ pany dered) and any postponements thereof. tered investment company knowingly to A pril 1, 1971. Notice is hereby given that New Eng­ 'For the Commission, by the Division purchase from such registered company of Corporate Regulation, pursuant to del­ any security or other'property. Section land Electric System (NEES), 20 Turn­ egated authority. . 17(b) of the Act provides that notwith­ pike Road, Westborough, MA 01581, a standing subsection 17(a), any person registered holding company, has filed an [ seal] R osalie F. S chneider, may file With the Commission an appli­ application-declaration with this Com­ Recording Secretary. cation for an order exempting a proposed mission pursuant to the Public Utility [FR Doc.71-4961 Filed 4r-8-71;8:47 am] transaction from one or more provisions Holding Company Act of 1935 (Act), des­ of that subsection, and the Commission ignating sections 6 and 7 of the Act and shall grant such application and issue Rule 5Q, promulgated thereunder as ap­ [37-65] such order of exemption if evidence plicable to the proposed transaction. All NORTHEAST UTILITIES SERVICE CO. interested persons are referred to the establishes that: ET AL. (1) The terms of the proposed trans­ application-declaration, which is sum­ action, including the consideration to marized below, for a complete statement Notice of Filing’ of Posteffective be paid or received, are reasonable and of the proposed transaction. Amendment Regarding Extension fair and do not involve overreaching on NEES proposes to issue and sell 1 mil­ of Time Within Which Notes ond lion additional shares of its authorized the part of any person concerned; Shares May Be Issued by Service (2) The proposed transaction is con­ but unissued common shares, par value sistent with the policy of each registered $1 per share. The proceeds of the sale Company and Acquired by Holding investment company concerned as re­ of the common shares are to be added Company cited in its registration statement and to the general funds of NEES and made A pril 1, 1971. reports filed under the Act,* and available to its subsidiary companies in In the matter of Northeast Utilities (3) The proposed transaction is con­ furtherance of their construction pro­ Service Co., Northeast Utilities, Post sistent with the general purposes of the grams either by loans or the purchase Office Box 270, Hartford, CT 06101; The Act. of additional shares of their capital stock. Connecticut Light & Power Co., the The application-declaration states that Hartford Electric Light Co„ Western Notice is further given that any inter­ such common shares will be sold under ested person may not later than April Massachusetts Electric Go., Holyoke 22,1971, at 5:30 p.m., submit to the Com­ competitive bidding to be carried out in Water Power Co. mission in writing a request for a hear­ accordance with the requirements of Rule Notice is hereby given that Northeast ing on the matter accompanied by a 50. Utilities Service Co. (ÑUSCO), a sub­ statement as to the nature of his inter­ The application-declaration states that sidiary service company of Northeast est, the reason for such request and the no State commission and no Federal com­ Utilities (Northeast), a registered hold­ issues, if any, of fact or law proposed to mission, other than this Commission, has ing company, and its above-named as­ be controverted, or he may request that jurisdiction over the proposed transac­ sociate electric utility companies, have he be notified if the Commission should tion. It is further stated that the fees and filed with this Commission a posteffective order a hearing thereon. Any such com­ expenses to be incurred in connection amendment to the joint application- munication should be addressed: Secre­ with the proposed transactions are esti­ declaration in this proceeding pursuant tary, Securities and Exchange Commis­ mated at $125,000, of which $60,000 are to the Public Utility Holding Company sion, Washington, D.C. 20549. A copy of for services performed by the system Act of 1935 (Act) designating sections such request shall be served personally service company at cost. The fees and 6(a), 7, 9(a), 10,12, and 13(b) of the Act or by mail (airmail if the person being expenses of counsel for the successful and Rules 40(b), 42(b) (2), 43, and 50(a) served is located more than 500 miles bidders will be supplied by amendment. promulgated thereunder as applicable to from the point of mailing) upon Appli­ Notice is further given that any in­ the proposed transactions. All interested cant at the address stated above. Proof terested person may, not later than April persons are referred to the posteffective

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 NOTICES 6865 amendment, which is summarized below, 20549. A copy of such request should be limited partner in Metropolitan for a complete statement of the proposed served personally or by'fhail (airmal if Structures (Structures), an Illinois transactions. the person being served is located more limited partnership engaged in the devel­ By order dated June 30,1966 (Holding than 500 miles from the point of mail­ opment of real estate in the Chicago, Illi­ Company Act Release No. 15519), the ing) upon the applicants-declarants at nois area. The general partners of Struc­ Commission, among other things, au­ the above-stated address, and proof of tures include Applicants Weissbourd and thorized ÑUSCO to issue and sell to service (by affidavit or, in case of an at­ Levinson. The limited partners of Struc­ Northeast for cash, and Northeast to torney at law, by certificate) should be tures, in addition to Pittway, are two acquire, during a 5-year period com­ filed with the request. At any time after other Illinois limited partnerships, mencing June 30, 1966, up to $3 million said date, the application-declaration, Pericles Investment Co., which owns 80 aggregate principal amount to be out­ as now amended or as it may be further percent of the equity of Structures (and standing at any one time of long-term amended, may be granted and permitted of which Applicants Weissbourd and unsecured notes of ÑUSCO to bear to become effective in the manner pro­ Levinson are also the general partners) interest at a rate of not more than one- vided by Rule 23 of the general rules and and Metstone Associates which owns the quarter of 1 percent above the com­ regulations promulgated under the Act, remaining 10 percent. mercial bank prime rate on short-term or the Commission may grant exemption Applicants state that Structures, in loans in effect in Hartford, Conn. from such rules as provided in Rules 20 addition, is the general partner of Metro­ By orders dated July 30, 1969, and (a) and 100 thereof or take such other politan. Structures has a 54.8 percent January 29, 1971 (Holding Company Act action as it may deem appropriate. Per­ interest in Metropolitan and is the nom­ Releases Nos. 16437 and 16980), the Com­ sons who request a hearing or advice as inee for individuals owning in total a 10 mission, among other things, author­ to whether a hearing is ordered will re­ percent limited partnership interest. The ized ÑUSCO to issue and sell to North­ ceive notice of further developments in remaining limited partners of Metropol­ east for cash, and Northeast to acquire, this matter, including the date of the itan are Island Associates and Montreal during the remainder of the said 5-year hearing (if ordered) and any postpone­ Partners. Pittway, pursuant to its second period, additional long-term notes hav­ ments thereof. agreement, acquired a 50 percent equity ing the same terms and provisions as interest in a joint venture with Metro­ those originally authorized; subject to For the Commission, by the Division of politan development of residential prop­ the following limitations: (1) That not Corporate Regulation, pursuant to dele­ erty on Nuns’ Island, adjacent to Mon­ more than $10 million aggregate prin­ gated authority. treal, Canada. Applicants state that Pitt­ cipal amount of NUSCO’s old and new [ seal] R osalie F. Schneider, way has invested $3,114,000 Canadian notes may be at any one time outstand­ Recording Secretary. (C$) under the agreement and is com­ ing; and (2) that the aggregate capital [FR Doc.71-4962 Filed 4-8-71;8:47 am] mitted to invest anfidditional C$1,386,000 of ÑUSCO, including its outstanding as units of residential property are built. notes and capital stock, will be main­ In addition, and as part of the second tained at all times at an amount ap­ [812—2891] agreement, Pittway acquired the right of proximately equal to the sum of 2 first refusal to participate in the financ­ months’ operating expenses, plus an PITTWAY CORP. ET AL. ing of any commercial or industrial de­ amount necessary to finance the inven­ velopment of Nuns’ Island undertaken tory of materials and supplies proposed Notice of Application for Exemption by Metropolitan. Applicants state that to be purchased by ÑUSCO and stored for Certain Transaction Structures owns a 99-year leasehold for in its central warehouse, plus the cost A pril 2, 1971. Nuns’ Island and has assigned this lease­ of NUSCO’s property less applicable re­ Notice is hereby given that Pittway hold to a nominee of Metropolitan, Nuns’ serves, prepayments, and petty cash Island Real Estate Co. (Real Estate). working funds. Corp. (Pittway), Metropolitan Nuns’ Island Partnership (Metropolitan), a This assignment was made in exchange The applicants-declarants now request limited partnership, Bernard Weissbourd for Structures interest in Metropolitan. that the time within which the transac­ Applicants state that Metropolitan, tions authorized under the order of and Alan Levinson (referred to collec­ tively as “Applicants” ), 601 Skokie through a separate partnership, Metro­ June 30, 1966, as modifieu by subsequent politan Nuns’ Island No. 8 (MNI No. 8), orders dated July 30, 1969, and Janu­ Boulevard, Northbrook, IL 60062, have is now constructing on Nuns’ Island a ary 29, 1971, be extended until June 30, filed an application pursuant to sections five-story 67,000 square foot office build­ 1976, subject to the same limitation on 6 (c), 17 (b), and 17 (d) of the Investment ing (Canada Starch Building) on ap­ the aggregate capital of NÜSCO as au­ Company Act of 1940 (Act) and Rule proximately 79,000 square feet of land thorized finder the above-named orders. 17d-l thereunder for an order of the subleased from Real Estate. This sub­ The maximum principal amount of notes Commission permitting Applicants to en­ lease provides for annual ground rental to be at any one time outstanding will gage in the real estate transaction de- of C$600 until December 1, 1975, and be $10 million. scribed^herein. All interested persons are thereafter of C$0.0718 per square foot, It is stated that no fees or expenses referred to the application on file with subject to certain reappraisal provisions. will be incurred in connection with the the Commission for a statement of the Pursuant to its right of first refusal, Proposed transactions, and that no con­ representations therein which are sum­ Pittway proposes to participate with five sent or approval of any State commis­ marized below. individual investors in financing the con­ sion or Federal commission, other than Standard Shares, a closed-end, non- struction of the Canada Starch Building this Commission, is required in respect of diversified management company regis­ with a right to obtain an equity interest the proposed transactions. tered under the Investment Company therein. The proposed agreement pro­ Notice is further given that any in­ Act of 1940 (Act) owns in excess of 38 vides that Metropolitan will cause its terested person may, not later than percent of the total outstanding common beneficial interest in the sublease held by April 26, 1971, request in writing that a stock of Pittway. Pittway is primarily MNI No. 8, which is valued at C$300,000 nearing be held on such matter, stating engaged in, among other things, the busi­ by the Applicants, to be transferred to a the nature of his interest, the reasons ness of aerosol and other packaging, the new partnership. Metropolitan will be ior such request, and the issues of fact or manufacture of aerosol valves and bur­ the limited partner and own 90 percent of jaw raised by said posteffective amend­ glar and fire alarm devices, and the pub­ thè equity interest. Applicants Weiss­ lishing of trade magazines. a i 1* ,to application-declaration bourd and Levinson will be the general which he desires to controvert; or he Applicants state that in December partners and each own 5 percent as nom­ ^ ay request that he be notified if the 1968, Pittway simultaneously entered inees for Metropolitan. Pittway and the ommission should order a hearing into two separate but related agreements whereby it acquired partnership interests other five investors will advance in the thereon. Any such request should be ad­ in two joint ventures. Pursuant to the aggregate a maximum of C$1,500,000 to dressed: Secretary, Securities and Ex­ first agreement, Pittway, with an invest­ the new partnership to finance the con­ change Commission, Washington, D.C. ment of $2,508,250 became a 10 percent struction which includes the repayment

i

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 No. 69—Pt. I---- 7 6866 NOTICES

of existing temporary construction loans that the terms of the proposed transac­ a statement as to the nature of his in­ from Metropolitan. tions, including^the consideration to be terest, the reason for such request, and Pittway will advance in total paid, are reasonable and fair and do not the issues of fact or law proposed to be C$1,175,000 of which C$940,000 will be in involve overreaching on the part of any controverted, or he may request that he the form of. notes with a face amount of person concerned. In addition, the pro­ be notified if the Commission shall order C$1,175,000 maturing December 31, 1975, posed transaction must be consistent a hearing thereon. Any such communica­ bearing interest at an annual rate of 10 with the policy of the registered invest­ tion should be addressed: Secretary, Se­ percent and secured by the equivalent of ment company concerned and with the curities and Exchange Commission, a first mortgage on the land and build­ general purposes of the Act. Section Washington, D.C. 20549. A copy of such ing. C$235,000 will be used to acquire a 17(d) of the Act and Rule 17d-l there­ request shall be served personally or by warrant giving Pittway the right to ac­ under, taken together, provide among mail (airmail if the person being served quire 39% percent of the equity in the other things, that it shall be unlawful is located more than 500 miles from the new partnership. for any affiliated person of a registered point of mailing) upon applicant at the The five individual investors will pro­ investment company or any affiliated address set forth above. Proof of such vide a total of C$325,000 in the form of person of such a person, acting as prin­ service (by affidavit or ip case of an 5-year loans, also at 10 percent interest. cipal, to participate in, or effect any attorney at law by certificate) shall be C$65,000 of the loans will be convertible transaction in connection with any joint filed contemporaneously with the re­ into a 10% percent equity interest in the enterprise or arrangement in which any quest. At any time after said date, as partnership. such registered company, or a company provided by Rule 0-5 of the rules and Metropolitan, which Pittway repre­ controlled by such registered company, regulations promulgated under the Act, sents has a net worth of at least is a participant unless an application an order disposing of the application C$12,400,000, will guarantee the repay­ regarding such arrangement has been hearing may be issued by the Commission ment of the interest and principal or the granted by an order of the Commission, upon the basis of the information stated notes and loan and guarantee that the and that, in passing upon such an appli­ in said application, unless an order for C$1,500,000 will be sufficient to complete cation, the Commission will consider hearing upon said application shall be construction of the building. whether the participation of such regis­ issued upon request or upon the Commis­ The agreement provides that until tered or controlled company in such ar­ sion’s own motion. Persons who request a such time as the lenders may exercise rangement is consistent with the pro­ hearing or advice as to whether a hearing their rights to obtain an equity interest visions, policies and purposes of the Act is ordered will receive notice of further in the partnership, 100 percent of the and the extent to which such participa­ developments in this matter, including cash flow of the partnership will be ap­ tion is on a basis different from or less the date of the hearing (if ordered) and plied toward repayment of the notes and advantageous than that of other partici­ any postponements thereof. loans, after which 80 percent will be so pants. A joint enterprise or arrangement, applied. The projected cash flow of the as used in Rule 17d-l is defined as a For the Commission, by the Division project will be sufficient only to pay written or oral plan, contract, author­ of Corporate Regulation, pursuant to the interest and approximately C$250,000 ization or arrangement, or any practice delegated authority. of the principal amount of the notes or understanding concerning an enter­ [ seal] R osalie F. S chneider, and loans at maturity. The balance is prise or undertaking whereby a regis­ Recording Secretary. expected to be repaid from the proceeds tered investment company or a controlled [FR Doc.71-4963 Filed 4-8-71;8:47 am] of anticipated long-term financing. company thereof and any affiliate 1 per­ Pittway will also receive a restricted son of such person have a joint or a right of first refusal so that in addition joint and several participation, or share to its general, right of first refusal Pitt­ in the profits of such enterprise or DEPARTMENT OF LABOR way would have the right to participate undertaking. in the financing of future office buildings Section 6(c) permits the Commission, Wage and Hour Division or other commercial structures on Nuns’ upon application, to exempt a transac­ Island to the extent of not more than tion or transactions from any provision CERTIFICATES AUTHORIZING EM­ 200,000 square feet of such space on the of the Act if it finds that such an exemp­ PLOYMENT OF FULL-TIME STU­ basis of C$4 per square foot. tion is necessary or appropriate in the DENTS WORKING OUTSIDE OF Applicants represent that the proposed public interest and consistent with the SCHOOL HOURS AT SPECIAL MIN­ transactions are fair and reasonable and protection of investors and the purposes IMUM WAGES IN RETAIL OR SERV­ do not involve overreaching and that the fairly intended by the policy and provi­ transactions are necessary and appro­ sions of the Act. ICE ESTABLISHMENTS OR IN AGRI­ priate in the public interest-and consist­ Pittway states that the C$300,000 CULTURE ent with the protection of investors valuation for the land to be contributed Notice is hereby given that pursuant and the purposes fairly intended by the by Metropolitan is fair ^and reasonable to section 14 of the Fair Labor Standards policy and provisions of section 17 and and has furnished an independent ap­ Act of 1938 (52 Stat. 1060, as amended, of the Act. praisal supporting this valuation. 29 U.S.C. 201 et seq.), the regulation on Applicants state that the proposed Pittway represents that its security employment of full-time students (29 agreements were negotiated by unaffili­ and guarantees minimize any dovrn side CFR Part 519), and Administrative ated persons at arms length. None of the risks in the transaction and that an Order No. 595 (31 F.R. 12981), the general or limited partners of Structures attractive rate is assured by the 10 per­ establishments listed in this notice have or Metropolitan or any affiliated persons cent interest rate with possible substan­ been issued special certificates authoriz­ thereof were at the time of the 1968 tial augmentation if the future success ing the employment of full-time students agreements or have since had any affili­ of the operation warrants exercise of its working outside of school hours at hourly ation with Pittway or Standard, or with rights to obtain a 39% percent equity rates lower than the minimum wage rates their officers and directors, other than interest in the enterprise. Pittway be­ otherwise applicable under section 6 of through the respective interests of such lieves that success of this venture and the act. While effective and expiration partners in Structures and/or Metro­ similar ventures on Nuns’ Island is ex­ dates are shown for those certificates politan. pected to increase the demand for resi­ issued for less than a year, only the ex­ Section 17(a) of the Act, as here per­ dential units in which Pittway has a piration dates are shown for certificates tinent, prohibits an affiliated person of substantial stake. issued for a year. The minimum certifi­ a registered investment company from Notice is further given that any in­ cate rates are not less than 85 percent selling to such registered company any of the applicable statutory minimum. securities unless the Commission, upon terested person may, not later than application pursuant to section 17(b), April 23, 1971, at 5:30 p.m., submit to The following certificates provide for grants an exemption from the provisions the Commission in writing a request for an allowance not to exceed the propor­ of section 17(a) if evidence establishes a hearing on the matter accompanied by tion of the total hours worked by full-

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 NOTICES 6867 time students at rates below $1 an hour 12-11-71; No. 102, Mansfield, Ohio, 11-22-71. Viewcrest Nurseries, agriculture; 9617 to the total number of hours worked by Kuhn Bros. Co., Inc., variety-department Northeast Burton Road, Vancouver, WA; all employees in the establishment store; Front Street and Public Square, Win­ 11-30-71. chester, TN; 11—29—71. Ward’s IGA Foodliner, foodstore; Spring- during the base period in occupations of McCrory-McLellan-Green Stores, variety- field, Ky.; 12-13-71. the same general classes in, which the department stores: No. 638, South Norwalk, establishment employed full-time stu­ Conn., 12-14-71; No. 311, Key West, Fla., The following certificates were issued dents at wages below $1 an hour in the 11-21-71; No. 1138, Silver Spring, Md., 12-9- to establishments relying on the base- base year. 71; No. 328, Yazoo City, Miss., 11-21-71. year employment experience of other es­ Andy’s Shopping Basket, Inc., foodstores: The G. M. McKelveyCo., variety-depart­ tablishments, either because they came ment store; 210 West Federal Street, Youngs­ 821 East Center Street, Ithaca, MI; 12-14-71; into existence after the beginning of the 1407 North U.S. 27, St. Johns, MI; 11-30-71. town, OH; 11-20-71. applicable base year or because they did McRae’s Inc., variety-department store; 401 not have available base-year records. Archer Avenue Big Store, Inc., variety-de­ East Capitol Street, Jackson, MS; 11—20—71. partment store; 4181-93 Archer Avenue, Chi­ Melwood Drug Co., drugstore; 4631 Centre The certificates permit the employment cago, IL; 12-2-71. Avenue, Pittsburgh, PA; 12-2-71. of full-time students at rates of not less Babcock’s IGA Foodliner, Inc., foodstore; Memorial Hospital, hospital; 107 Swift than 85 percent of the statutory mini­ 425 West Vienna Street, Clio, MI; 12—19-71. Baker’s Red & White, foodstore; 209 Main Street, Refugio, TX; 12-9-71. mum in the classes of occupations listed, Meyer’s Rexall Drugs, drugstore; West and provide for the indicated monthly Street, Tabor City, NC; 11-26-71. Bremer Avenue, Waverly, IA; 12-8-71. Ball & Christy Furniture Co., furniture limitations on the percentage of full-time store, 111 East D Street, Iron Mountain, MI; Mickels Inc., restaurant; 12th and Chat- student hours of employment at rates 12-7-71. burn, Harlan, IA; 12-8—71. below the applicable statutory minimum The Bargain Center, Inc., variety-depart­ Mitzelfeld’s Inc., variety-department store; 312 Main Street, Rochester, MI; 11-26-71. to total hours of employment of all ment store; 2 Washington Street, Quincy, employees. * MA; 11-23-71. . Morgan & Lindsey, Inc., variety-department Ben Franklin Store, variety-department stores: No. 3092, Vicksburg, Miss., 12-13-71; A M A Grocery, foodstore; 22d and Cray- store; 1250 North Green Street, McHenry, IL; No. 3093, Beaumont, Tex., 12-14-71. croft, Tucson, AZ.; carryout, cleanup, jani­ 12-14-71. Myerson’s, variety-department stores, 11- torial; 11 to 14 percent; 12-14-70 to 11-30-71. Brenny’s Market, foodstore; 314 West Third 30-71: 6331 East Broadway and 42 West Con­ Bashas’ Market, Inc., foodstores, for the oc­ Street, Carroll, IA; 12-11-70 to 7-31-71. gress, Tucson, AZ. cupations of carryout, janitorial, 12-14-70 to Cohen’s, Inc., apparel store; 712-16 Park Neisner Bros., Inc., variety-department 11- 30-71: No. 4, Casa Grande, Ariz., 17 to Avenue, Norton, VA; 12-9-71. store; No. 136, Miami, Fla.; 11-30-70 to 23 percent; No. 1 Chandler, Ariz., 20 to 27 Dillon Companies, Inc., foodstores, 11- 11-2-71. percent; No. 11, Glendale, Ariz., 18 to 28 30-71: No. 38, Arkansas City, Kans.; Nos. J. J. Newberry Co., variety-department percent; No. 2, Mesa, Ariz., 25 to 32 percent; 1, 8, 10, and 25, Hutchinson, Kans.; No. 39, store; No. 144, Cincinnati, Ohio; 11-20-71. No. 10, Mesa, Ariz., 13 to 21 percent; Junction City, Kans.; No. 45, Wellington, Parisian, Inc., apparel store; 1924 Second No. 17, Mesa, Ariz., 20 to 27 percent; No. 3, Kans.; No. 37, Winfield, Kans. Avenue North, Birmingham, AL; 11-23-71. Phoenix, Ariz., 19 to 23 percent; No. 5, Dyche Jones Food Stores Inc., foodstore; Parsons, Inc., variety-department stores: Phoenix, Ariz., 13 to 21 percent; Nos. 8 and 210 South Broad Street, London, KY; Cumming, Ga., 12-12-71; Duluth, Ga., 12, Phoenix, Ariz., 18 to 28 percent; No. 9, 11-22-71. 11- 20-71. Phoenix, Ariz., 20 to 27 percent; No. 18, Ezell’s Department Store, variety-depart­ Peabody’s Market, foodstore; 154 South Phoenix, Ariz., 25 to 32 percent; No. 7, Scotts­ ment store; 604 West Main Street, Leesburg, Hunter Boulevard, Birmingham, MI; dale, Ariz., 11 to 14 percent; Nos. 13 and PL; 11-27-71. 12- 17-71. 16, Scottsdale, Ariz., 18 to 28 percent. Farmers Investment Co., agriculture, 11- Piggly Wiggly, foodstore; No. 51, St. Billowa Inc., restaurant; 1046 Grand Ave­ 21-70 to 10-31-71; Aguila, Maricopa, Picacho, George, S.C.; 12-15-71. nue, Billings, MT; general restaurant worker; and Santa Cruz Valley Farms, Sahuarita, Ream’s Bargain Annex, food'store; No. 3, 10 to.25 percent; 11-18-71. Ariz. ‘ American Pork, Utah; 12-16-70 to 12-13-71. Casa Moore Furniture Co., variety-depart­ Farmers Market, Inc., foodstore; Waukon, Robert Berlin, Inc., variety-department ment store; 708 Kentucky Street, Bakers­ Iowa; 12-10-71. store; 22 South York Road, Hatboro, PA; field, CA; salesclerk, stock clerk, gift wrap­ Fell & Ellermeyer, variety-department 12—13—71. per, office clerk; 1 to 6 percent; 11-27-70 to store; 211 South Main, Belen, NM; 12-9-71. Rogers Pharmacy, drugstore; 124 West Wal­ 10- 31-71. M. H. Fishman Co., variety-department nut, Rogers, AR; 11-22-71. Community Memorial Hospital, hospital; store; No. 8, St. Albans, Vt.; 12-7-71. Rose’s Stores, Inc., variety-department Hettinger, N. Dak.; nurse’s aide' receptionist, Forrest Keeling Nursery, Inc., agriculture; store; No. 2, Oxford, N.C.; 12-3-71. tray girl (boy); 4 to 12 percent, 10-4-71. Elsberry, Mo.; 12-9-71. Rozier Mercantile Co., foodstore; No. 2 East Conley’s AG Supermarket, foodstore; Fred M. Nye Co., apparel store; 2422 Wash­ Ste. Maries Street, Perryville, MO; 12-16-70 Hazen, Ark.; stock clerk, sacker; 22 to 43 per­ ington Boulevard, Ogden, UT; 11-20-71. to 8-15-71. cent; 11-17-71. St. Charles Nursing Home, nursing home; Gartin’s, foodstore; Franklin, Nebr.; 12- Dillon Companies, Inc., foodstores, for the 10-70 to 11-26-71. Kyles Lane, Covington, ICY; 11-24-71. occupations of cashier, checker, carryout, St. Luke’s Hospital, hospital; South Goldblatt Bros., Inc., variety-department wrapper, maintenance, clerk, 11 to 32 per­ stores: 1615 West Chicago Avenue, Chicago, Seventh Avenue and First Street West, cent: No. 108, Siloam Springs, Ark., 12-1-71; 11-21-71; 3701 Durand Avenue, Racine, Crosby, ND; 12-18-70 to 12-10-71. No. 109, Pryor, Okla., 10-31-71. WI, 12-10-71. Schensul’s Buffet, Inc., restaurant; 3235 North Plainfield Avenue, Grand Rapids, MI; Dyche Jones Food Stores, foodstore; No. 3, W. .T. Grant Co., variety-department London, Ky.; bagger, carryout, cleanup, pric­ stores: No. 448, Elmhurst, HI., 12-13-71; No. 11-28-71. Schneider’s Department Store, variety- ing clerk, tagging clerk, cashier, stock clerk; 139, Massillon, Ohio, 12-4-71; No. 157, Union- 5 to 10 percent; 11-22-71. jown, pa., 11-30-71; No. 484, Cayce, S.C., department store; 806-810 Main Street, Jas­ 12-4-71. " per, IN; 12-14-71. Edward’s Inc., variety-department stores, Hillis Supermarket, foodstore; 1102 South Schulte & Treide, variety-department for the occupations of salesclerk, stock clerk, Second street, Lawton, OK; 11-15-71. store; 7816 Harford Road, Baltimore MD; checker, layaway clerk, stock handler, pricer, Holding’s Little America, restaurant; Little 11- 23-71. 10 to 14 percent: 1739 Maybank Highway, America, Wyo.; 12-10-70 to 12-8-71. J. F. Spillane, Inc., variety-department Charleston, SC, 12-1-71; Lake City Plaza, Horn’s Big star, foodstore; 207 South Jack- store; 500 West Marshall Street, Norristown, Lake City, SC, 12—15—71; Laurens Plaza, Street, Houston, MS; 11-27-70 to 11- PA; 12-13-71. « Laurens, SC, 12-8-71. *0-71. Spurgeons, variety-department stores: 218 Family Thrift Center, foodstore; 11th Hy Weilbacher & Sons, Inc., variety-de­ North Tremont, Kewanee, IL, 11-27-71; 14-16 Street West and Fourth Avenue, Williston, partment store; 207 North Main Street, Co- West Third, Sterling, IL, 11-20-71; 30 West ND; stock clerk, carryout; 7 to 28 percent; lumbia, IL; 12- 9- 71. Main street, Marshalltown, IA, 12-11-70 to 12- 16-70 to 11-23-71. Jenny Lee Bakery, foodstore; 219 Forbes 12— 4—71; 117—119 First Avenue West, Newton, Foodway, Inc., foodstore; Fayette, Ala.; Avenue, Pittsburgh, PA; 12-14-71. IA, 11-21-71; 13 North Frederick Street, bagger; 15 percent; 12-7-71. Key Drug Store, drugstore; 500 Fourth Oelwein, IA, 12-4-71; 1013 16th Avenue, Mon­ roe, WI, 12-10-71. W. T. Grant Co., variety-department stores, street, Sioux City, IA; 11-30-71. for the occupations of salesclerk, office clerk, Nn Co > variety-department stores: Sunset Home, nursing home; Bowman, N. stock clerk, cashier, except as otherwise indi­ J 1 295> Kewanee, HI., 11-21-71; No. 4076 N. Dak; 12-9-71. cated: No. 1106, Roselle, HI., 2 to 19 percent, Evansville, Ind., 12-9-71; No. 670, St. Clah T.G. & Y. Stores Co., variety-department 11- 28-71; No. 971, Bedford, Ind., 6 to 15 per­ snores, Mich., 12-18-71; No. 4605, St. Cloud stores: No. 117, Wichita, Kans., 11-20-71; No. cent, 12-4-71; No. 663, Somerville, N.J., 7 to ., 12-7-71; No. 564, Fostoria, Ohio, 166, Memphis, Tenn., 12-10-71. 19 percent, 12-13-71 (salesclerk, office clerk,

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6868 NOTICES

cashier); No. 1078, Lima, Ohio, O to 24 per­ salesclerk, customer service); No. 4209, Schensul’s Cafeteria, restaurant; Woodland cent, 12-3-71. Toledo, Ohio, 8 to 10 percent, 11-23-71 (stock Mall, _ Kentwood, Mich.; general restaurant H.E.B. Food Store, foodstore; No. 106, San clerk, maintenance, office clerk, food prepa­ worker; 49 to 77 percent; 11-30-71. Antonio, Tex.; package clerk, sacker, bottle ration, register operation, counter filling, Sovine Brothers Super Market, Inc., food- clerk; 10 percent; 11-28-71. customer service, salesclerk); No. 4603, Aber­ store; Culloden, W. Va.; carryout, stock clerk, Hamilton Supermarkets, Inc., foodstore; deen, S. Dak., 14 to 31 percent, 12-17-71; No. cashier; 16 to 22 percent; 12—4-:71. U.S. Highway 78, Hamilton, AL; bagger; 15 4241, East Ridge, Tenn., 3 to 17 percent, _ Spee-D-Foods, Inc., foodstores, for the oc­ percent; 12-7-71. 10-31-71 (salesclerk, stock clerk, office clerk, cupations of checkout, stock clerk, carryout, Hammond Bros. Produce, Inc., foodstore; maintenance, checker-cashier, customer serv­ 20 percent, 11-18-71: 2502 11th Street SW., 240 North 13th Street, Decatur, IN; sales­ ice) ; No. 4401, Abilene, Tex., 7 to 27 percent, Canton, Ohio; 118 East Nassau, East Canton, clerk, stock clerk, janitorial, checker-cashier, 10- 31—71 (salesclerk); No. 4402, Fort Worth, Ohio; 2110 East Main Street, Louisville, Ohio. carryout; 14 to 32 percent; 11-5-71. Tex., 7 to 27 percent, 11-30-71 (salesclerk); Spurgeon’s variety-department store; 204- Handy Andy, Inc., foodstore; No. 31, San No. 4396, Pasadena, Tex., 7 to 27 percent, 206 East Main, Hoopeston, 111.; salesclerk, Antonio, Tex.; package clerk, stock clerk, 11- 30-71 (salesclerk); No. 4186, Texarkana, stock clerk, janitorial; 4 to 14 percent- checker-cashier, salesclerk, produce clerk, Tex., 7 to 27 percent, 11-5-71 (salesclerk); 12-7-71. bottle clerk, porter; 23 to 30 percent; 10— No. 4218, Appleton, Wis., 6 to 14 percent, Stephens Nursing Home, nursing home; 31-71. 11-24-71; No. 4385, Greenfield, Wis., 15 to 416 South Street, Waterloo, Iowa; nurse’s 37 percent, 10-31-71; No. 4380, Wauwatosa, aide; 5 percent: 11-8-71. ■The International House of Pancakes, res­ Wis., 15 to 37 percent; 10-31—71. taurant; 3260 Broadway, Kansas City, MO; Sterling’s Men’s & Boys’ Inc., apparel store; kitchen helper, fry cook, bus boy (girl); 14 McCrory-McLellan-Green Stores, variety- 218 Southwest First Avenue, Fort Lauder­ department stores, for the occupations of dale, Fla.; salesclerk, stock clerk, office clerk, to 24 percent; 10-31-71. salesclerk, office clerk, stock clerk: No. 394, Jerry’s Markets, foodstore; 2117 South gift wrapper; 6 to 32 percent; 12-12-71. Detroit, Mich., 10 to 27 percent, 11-28-71; Sumiton Supermarkets, Inc., foodstore; Weinbach, Evansville, IN; sacker, carryout; No. 174, Natchez, Mis., 2" to 9 percent, 10 percent; 12-8-71. Sumiton, Ala.; stock clerk, carryout, meat 10- 31-71; No. 7505, Madison, Tenn., 4 to 17 market clerk, produce clerk, cashier; 15 per­ Kay Baum Grand Rapids, Inc., apparel percent, 12-17-71; No. 149, Fairmont, W. Va., cent; 11-30-71. stores, for the occupations of stock clerk, 5 to 22 percent, 10-31-71. Super Drive-Ins, foodstore; No. 8, Nash­ salesclerk, office clerk, cashier, 1.0 to 32 per­ McRae’s, Inc., variety-department store; ville, Tenn.; sacker, bottle clerk; 21 to 32 cent, 12-8-71: 18 Woodlawn Mall and 96 Battlefield Village, Vicksburg, Miss.; sales­ percent; 11—14—71. Monroe Avenue NW., Grand Rapids, MI. clerk, gift wrapper, porter; 3 to 11 percent, T. G. & Y. Stores Co., variety-department Kentucky Fried Chicken, restaurant; 2201 11- 20-71. stores, for the occupations of salesclerk, stock Central SW., Albuquerque, NM; general res­ Martin’s, variety-department store; 3100 clerk, office clerk, except as otherwise indi­ taurant worker; -25 to 37 percent; 12-14-71. Quintard Avenue, Anniston, Ala.; salesclerk; cated: No. 188, Tempe, Ariz., 20 to 30 percent, S. S. Kresge Co., variety-department stores, 9 to 19 percent; 12-8-71. 11- 30-71; No. 440, Jacksonville, Ark., 11 to 30 for the occupations of salesclerk, office clerk, Millport Supermarkets, Inc., foodstore; percent, 11-26-71; No. 519, Anaheim, Calif., stock clerk, checker-cashier, except as other­ Millport, Ala.; stock clerk,' carryout, meat 16 to 30 percent, 12-17-71; No. 513, Pico wise indicated: No. 4312, Huntsville, Ala., 11 market clerk, produce clerk, cashier; 15 per­ Rivera, Calif., 19 to 33 percent, 11-30-71; No. to 22 percent, 12-14-71 (salesclerk, checker); cent; 11-30-71. 562, West Covina, Calif., 16 to 30 percent, No. 4392, Huntsville, Ala., 11 to 22 percent, G. C. Murphy Co., variety-department 12- 17-71; No. 730, Clearwater, Fla., 10 to 29 11-9-71 (salesclerk, checker); No. 14, Scotts­ stores, for the occupations of salesclerk, percent, 12-17-71; No. 766, Jacksonville, Fla., dale, Ariz., 11 to 14 percent, 12-14-70 to stock clerk, office clerk, janitorial: No. 326, 7 to 24 percent, 12-17-71; No. 721, Ocala, Fla., 11- 30-71 (carryout, cleanup, janitorial); No. Decatur, Ind., 11 to 26 percent, 12-1-70 to 7 to 24 percent, 12-17-71; No. 715, Orlando, 783, Merritt Island, Fla., 1 to 12 percent, 10- 14-71 (Replacement); No. 98, Beckley, Fla., 13 to 30 percent, 12-10-71; No. 321, Gon­ 12- 9-71 (salesclerk); No. 4298, Miami, Fla., W. Va., 4 to 23 percent, 11-20-71. zales, La., 5 to 20 percent, 12-2-70 to 7 to 21 percent, 11-30-71 (salesclerk); No. Neisner Brothers, Inc., variety-department 11- 30-71; No. 308, Lafayette, La., 6 to 22 per­ 4242, Macon, Ga., 11 to 22 percent, 11-21-71 stores, for the occupations of salesclerk, cent, 10-31-71; No. 474, Independence, Mo., (checker-cashier, salesclerk); No. 4381, stock clerk, office clerk: No. 7, Homestead, 22 to. 30 percent, 12-16-70 to 12-1-71; No. 303, Bridgeview, 111., 18 to 33 percent, 10-31-71; Fla., 8 to 17 percent, 12-1-71; No. 41, Tampa, Lee’s Summit, Mo., 17 to 30 percent, 12-1-71; No. 4543, Chicago, 111., 16 to 42 percent, Fla., 10 to 29 percent, 11-22-71. No. 299, St. Joseph, Mo., 22 to 30 percent, 12-18-71; No. 4564, Chicago, 111., 19 to 42 The Pantry Market, foodstore; 1120 Wash­ 12- 17-71; No. 465, Blackwell, Okla., 14 to 30 percent, 12-1-71; No. 4377, Bloomington, Ind., ington Street, Grand Haven; MI; carryout, percent, 11-21-71; No. 88, Oklahoma City, 5 to 21 percent, 11-11-71 (salesclerk, office cleanup, stock clerk; 21 to 35 percent; Okla., 22 to 30 percent, 10-31-71; No. 425, clerk, stock clerk, checker-cashier, counter 12- 10-71. Oklahoma City, Okla., 18 to 30 percent, filler); No. 4268, Muncie, Ind., 4 to 10 per­ Parisian Inc., apparel stores, for the oc­ 11-30-71; No. 46, Stillwater, Okla., 14 to 30 cent, 12-1-71; No. 4289, Cedar Rapids, Iowa, cupations of cashier, wrapper, ticket writer, percent, 12-12-71; No. 422, Tulsa, Okla., 24 13 to 25 percent, 10-31-71; No. 4443, Over­ salesclerk, office clerk, stock clerk, cleanup, to 30 percent, 12-14-71; No. 1004, Woodward, land Park, Kans., 16 to 25 percent, 10-31-71; 3 to 8 percent, 11-23-71, except as otherwise Okla., 22 to 30 percent, 11-30-71; No. 80, No. 4174, Wichita, Kans., 16 to 25 percent, indicated: Eastwood Mall, Birmingham, Ala. Yukon, Okla., 22 to 30 percent, 12-4-71; No. 12-11-70 to 12-4-71; No. 4382, Lansing, Mich., (12—8—70 to 11-23-71); 702 Montgomery 1771, Taylors, S.C., 18 to 30 percent, 12-11-71 10 percent, 10-31-71 (stock clerk, mainte­ Highway and 2217 Bessemer Road, Birming­ (salesclerk, stock clerk); No. 805, Borger, nance, office clerk, food preparation, sales­ ham, AL; Gateway Shopping Center, Deca­ Tex., 13 to 30 percent, 12-14-71; No. 834, clerk, cashier, customer service); No. 4177, St. tur, AL. Houston, Tex., 30 percent, 11-20-71; No. 395, Clair Shores, Mich., 10 percent, 11-26-71 Perry Brothers, Inc., variety-department Jasper, Tex., 30 percent, 11-22-71; No. 393, (stock clerk, maintenance, office clerk, food store; No. 66, San Benito, Tex.; salesclerk, San Antonio, Tex., 30 percent, 12-14-71. preparer, salesclerk, register operation, coun­ stock clerk; 4 to 11 percent; 11-11-71. Vernon Supermarkets, Inc., foodstore; 201 ter filling, customer service); No. 4520, Du­ Red Bud Development, Inc., restaurant; North Pond Street, Vernon, Ala.; bagger; 15 luth, Minn., 6 to 32 . percent,' 12-14-71; No. 1207 Red Bud Trail, Buchanan, MI; bus boy percent; 12-7-71. 4026, St. Joseph, Mo., 5 to 10 percent, (girl); 35 percent; 10-31-71. Waoonia Super Valu, foodstore; W a con ia , 12-11-70 to 11-27-71; No. 4137, Charlotte, Rose Drug, Inc., drugstores, for the occu­ Minn.; carryout, checker, cleanup, stock N.C., 11 to 22 percent, 11-30-71 (salesclerk); pations of salesclerk, stock clerk, soda foun­ clerk; 14 to 21 percent; 12-16-71. No. 4263, Eastlake, Ohio, 4 to 10 percent, tain clerk, 32 to 50 percent, 12-16-71: 103 Worth’s, apparel store; 920-75 W o lco tt 11-26-71 (stock clerk, maintenance, office Main Street, Bentonville, AR.; 1150 West Road, Waterbury, Conn.; office clerk, stock clerk, food preparation, register operation, Walnut, Rogers, AR. clerk, salesclerk, receiving clerk, display as­ counter filling, salesclerk, customer service); Rose’s Stores, Inc., variety-department sistant; 2 to 10 percent; 11-23-71. No. 4149, Lorain, Ohio, 5 to 10 percent, stores, 10-31-71: No. 194, Greenville, S.C., 11-29-71 (stock clerk, maintenance, office salesclerk, checker, 11 to 27 percent; No. 198, Each certificate has been issued upon clerk, food preparation, register operation, Chesapeake, Va., salesclerk, stock clerk, the representations of the employer counter filling, salesclerk, customer service); cashier, 20 to 30 percent. which, among other things, were that No. 600, Northfield, Ohio, 10 percent, 11-20-71 Royal Chef Restaurant, restaurant; 4262 employment of full-time students at spe­ (stock clerk, maintenance, office detail, food North Kent Mall, Grand Rapids, MI; gen­ cial minimum rates is necessary to pre­ preparation, register operation, counter fill­ eral restaurant worker; 12 to 25 percent; vent curtailment of opportunities for em­ ing, salesclerk, customer service); No. 4168, 12-8-71. ployment, and the hiring of full-time Oregon, Ohio, 8 to 10 percent, 11-27-71 St. Luke Lutheran Home, nursing home; students at special minimum rates will (stock clerk, maintenance, office clerk, food Spencer, Iowa; dishwasher; 3 percent; preparation, register operation, counter fill­ not create a substantial probability of ing, salesclerk, customer service); No. 4166, 11- 16-71. reducing the full-time employment op­ Toledo, Ohio, 8 to 10 percent, 12-6—71 (stock Sansing’s Super Market, Inc., foodstore; portunities of persons other than those clerk, maintenance, office clerk, food prepa- 320 East Milam, Wharton, TX; stock clerk, employed under a certificate. The certif­ ation, register operation, counter filling, carryout; 9 to 10 percent; 11-20-71. icates may be annulled or withdrawn, as

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 NOTICES 6869 indicated therein, in the manner pro­ protests must certify that such service Ga., Memphis, Tenn., Philadelphia, Pa., vided in Part 528 of Title 29 of the Code has been made. The protests must be Trenton, N.J., Toledo, Ohio, Dallas, Tex., of Federal Regulations. Any person ag­ specific as to the service which such Collins, Miss., Birmingham, Ala., Erie, grieved by the issuance of any of these protestant can and will offer, and must Pa., Baltimore, Md„ Jacksonville, Fla., certificates may seek a review or recon­ consist of a signed original and six Chattanooga, Tenn., Des Moines, Iowa, sideration thereof within 30 days after copies. Woodbridge, N.J., South Portland, publication of this notice in the F ed­ A copy of the application is on file, Maine, Hudsonville, Mich., Cincinnati, eral Register pursuant to the provisions and can be examined at the Office of the Ohio, Hinesburg, Vt., Columbia City, of 29 CFR 519.9. Secretary, Interstate Commerce Com­ Ind., Wichita, Kans., Cleveland, Ohio, mission, Washington, D.C., and also in Medford, Mass., St. Paul, Minn., Okla­ Signed at Washington, D.C., this 30th field office to which protests are to be homa City, Okla., Longview, Tex., St. day of March 1971. transmitted. Louis, Mo., Bridgeport, Conn., Moline, 111., Detroit, Mich., Johnston, R.I., Peoria, R obert G. G ronewald, M otor Carriers of P roperty Authorized Representative 111., Des Plaines, 111., Plant City, Fla., of the Administrator. No. MC 17803 (Sub-No. 13 TA), filed Chicago, 111., Knoxville, Tenn., Charlotte, March 30, 1971. Applicant: PREMIER N.C., Meridian, Miss., Savannah, Ga, [PR Doc.71-4956 Filed 4r-8-71;8:47 am] TRUCKING SERVICE CO., Post Office New Bedford, Mass., South Bay, Fla., Box 156, Downtown Station, Omaha, NE Ellenwood, Ga., Marion, Pa., Fredericks­ 68101. Applicant’s representative: Don­ burg, Va., Nitro, W. Va., Winston-Salem, INTERSTATE COMMERCE ald L. Stem, 530 Univac Building, N.C., Columbus, Ga., Arlington, Mass., Omaha, NE 68108. Authority sought to Green Bay, Wis., Westfield, Mass., Cas­ operate as a common carrier, by motor per, Wyo., Morgantown, W. Va., Lansing, COMMISSION vehicle, over irregular routes, trans­ Mich., Lake Charles, La., Atlanta, Ga., porting: Meat, meat products and meat Duluth, Minn., Barre, Vt., Irvington, FOURTH SECTION APPLICATION FOR byproducts and articles distributed by N.J., Linden, Pa., Miami, Fla., and Eliza­ RELIEF meat packinghouses, from the plantsite beth Port, N.J., for 150 days. Supporting A pril 6, 1971. and storage facilities of Beefland Inter­ shipper: Markel Electric Products Inc;, national, Inc., Council Bluffs, Iowa, to 129-149 Seneca Street, Buffalo, NY Protests to the granting of an appli­ points in Illinois, Indiana, Michigan, 14203. Send protests to: Robert G. cation must be prepared in accordance Ohio, and Wisconsin, for 150 days. Sup­ Anderson, District Supervisor, Inter­ with Rule 1100.40 of the general rules porting shipper: Beefland International, state Commerce Commission, Bureau of of practice (49 CFR 1100.40) and filed Inc., Council Bluffs, Iowa. Send protests Operations, Everett McKinley Dirksen within 15 days from the date of publi­ to: Carroll Russell, District Supervisor, Building, 219 South Dearborn Street, cation of this notice in the F ederal Bureau of Operations, Interstate Com­ Room 1086, Chicago, IL, 60604. Register. merce Commission, 705 Federal Office No. MC 86913 (Sub-No. 32 T A ), filed Long- and-S hort H aul Building, Omaha, NE 68102. , March 31, 1971. Applicant: EASTERN FSA No. 42169—Volume or unit train No. MC 42261 (Sub-No. 109 T A ), filed MOTOR LINES, INC., Post Office Box rates from, to, and between points in the March 30, 1971. Applicant: LANGER 649, Office: U.S. No. 401 North, Warren- United States. Filed by Southern Freight TRANSPORT CORP., Route 1 and Foot ton, NC 27589. Applicant’s representa­ Association (No. A6236), Traffic Execu­ of Danforth Avenue, Post Office Box 305, tive: C. M. Bullock (same address as tive Association-Eastern Railroads and Jersey City, NJ 07303. Authority sought above). Authority sought to operate as a Western Railroad Traffic Association, for to operate as a common carrier, by motor common carrier, "by motor vehicle, over interested rail carriers. Rates on volume vehicle, over irregular routes, transport­ irregular routes, transporting: Wood or unit train rates of various commodi­ ing: Metal containers and metal con­ fiberboard, wood fiberboard faced or fin­ ties, from, to and between points in the tainer ends, when moving with such ished, with decorate and/or protective United States. metal containers, from Long Island City, material, and accessories and supplies Grounds for relief—Maintenance of N.Y., to Cranston, R.I., for 150 days. used in the installation thereof (except different bases for rates. Supporting shipper: Arthur G. Gee, commodities in bulk) from Moncure, By the Commission. National Can Corp., 2200 East Adams N.C., to points in Connecticut, Illinois, Avenue, Philadelphia, PA 19124. Send Indiana, Kentucky, Maine, Massachu­ [seal] R obert L. O swald, protests to: District Supervisor, Robert setts, Michigan, New Hampshire, New Secretary. E. Johnston, Bureau of Operations, In­ Jersey, New York, Ohio, Pennsylvania, [FRDoc.71-4976 Filed 4-8-71;8:49 am] terstate Commerce Commission, 970 and Vermont, for 180 days. Supporting Broad Street, Newark, NJ 07102. shipper: Evans Products Co., 2200 East Devon Avenue, Des Plaines, IL 60018. [Notice 275] No. MC 52657 (Sub-No. 679 T A ), filed March 31,1971. Applicant: ARCO /U TO Send protests to: Archie W. Andrews, m otor CARRIER TEMPORARY CARRIERS, INC., 2140 West 79th Street, District Supervisor, Interstate Com­ AUTHORITY APPLICATIONS Chicago, IL 60620. Applicant’s represen­ merce Commission, Bureau of Opera­ tative: S. J. Zangri (same address as tions, Post Office Box 26896, Raleigh, NC A pril 5, 1971. above). Authority sought to operate as a 27611. The following are notices of filing of common carrier, by motor vehicle, over No. MC 103191 (Sub-No. 33 TA) (Cor­ applications for temporary authority irregular routes, transporting: (1) rection) , filed March 10, 1971, published JJPder section 210a(a) of the Interstate Trailer chassis in initial movements and F ederal R egister issue of March 20,1971, Commerce Act provided for under the truckaway service, and (2) motor vehicle and republished in part as corrected new rules of Ex Parte No. MC-67 (49 bodies, from Buffalo, N.Y., to the follow­ this issue. Applicant: THE GEO. A. CFR Part 1131), published in the F ed­ ing points, Manchester, N.H., Agawam, RHEMAN CO., INC., Post Office Box 2095, eral R egister, issue of April 27, 1965, Mass., Grand Rapids, Mich., Indianapo­ Station A, Charleston, SC 29403. Appli­ effective July l, 1965. These rules provide lis, Ind., Springfield, Mo., Pittsburgh, Pa., cant’s representative: Harris G. Andrews, that protests to the granting of an appli­ Atlantic Highlands, N.J., Worchester, Post Office Box 4255, Greenville, SC cation must be filed with the field offi­ Mass., Omaha, Nebr., Troy, Mich., Sag­ 29608. Note : The purpose of this partial cial named in the F ederal R egister inaw, Mich, Baton Rouge, La., Orlando, republication is to set forth the correct Publication, within 15 calendar days Fla., Milwaukee, Wis., Lebanon, Pa., Hia­ after the date of notice of the filing of commodity description to read as fol­ leah, Fla., North Haven, Conn., Hartford, lows: Blasting sand in lieu of blasting the application is published in the F ed­ Conn., South Merrimack, N.H., Charles­ eral Register. One copy of such protests ton Heights, S.C., Farmville, N.C., Can­ and, which was erroneously shown in must be served on the applicant, or its ton, Ohio, Lima, Ohio, Little Rock, Ark., previous publication. The rest of the authorized representative, if any, and the Trotwood, Ohio, Martinez, Ga., Metairie, application remains the same.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, ,1971 6870 NOTICES

No. MC 105350 (Sub-No. 19 T A ), filed 61 M.C.C. 209 and 766 (except skins and Road No. 2, to Denver & Rio Grande March 30, 1971. Applicant: NORTH commodities in bulk) from Grand Is­ Western Railroad siding at Oro Junction, PARK TRANSPORTATION CO., 5150 land, Nebr., to points in Illinois, Iowa, for 180 days. Supporting shipper: Amer­ Columbine Street, Denver, CO 80216. Minnesota, Missouri, and Wisconsin, for ican Smelting and Refining Co., Res- Applicant’s representative: Leslie R. 180 days. Supporting shipper: Swift Asarco Joint Venture, Post Office Box Kehl, 420 Denver Club Building, Denver, Fresh Meat Co., Division of Swift & Co., 936, Leadville, CO 80461. Send protests CO 80202. Authority sought to operate 115 West Jackson Boulevard, Chicago, to: District Supervisor Herbert C. Ruoff, as a common carrier, by motor vehicle, IL. 60604. Send protests to: District Interstate Commerce Commission, Bu­ over irregular routes, transporting: Supervisor Max H. Johnston, Interstate reau of Operations, 2022 Federal Build­ Fabricated steel products, from the Commerce Commission, Bureau of Oper­ ing, Denver, CO 80202. plantsites and storage facilities of the ations, 320 Federal Building and Court­ No. MC 135439 (Sub-No. 1 TA), filed Midwest Steel and Iron Works Co. house, Lincoln, NE 68508. March 30, 1971. Applicant: MICHAEL J. located at or near Denver and Pueblo, No. MC 111412 (Sub-No. 8 T A ), filed MANNING TRANSFER, 820 24th Avenue Colo., to Loving, N. Mex., for 180 days. March 30,1971. Applicant: J. I. HAILEY, SE„ Minneapolis, MN 55414. Applicant’s Supporting shipper: Midwest Steel and INC., Post Office Box 1919, 2600 Naviga-/ representative: Robert P. Sack (same ad­ Iron Works Co., 25 Larimer Street, Den­ tion Boulevard, Corpus Christi, TX dress as above). Authority sought to ver, CO 80204. Send protests to: Roger 78403. Applicant’s representative: K. C. operate as a contract carrier, by motor L. Buchanan, District Supervisor, Hailey (same address as above). Au-, vehicle, over irregular routes, transport­ Bureau of Operations, Interstate Com­ thority sought to operate as a common ing: Dairy products, dairy byproducts, merce Commission, 2022 Federal Build­ carrier, by motor vehicle, over irregular fruit juices, and fruit drinks, from St. ing, Denver, CO 80202. routes, transporting: Lumber, from Falls Paul, Minn., to Amery, Baldwin, Chip­ No. MC 107496 (Sub-No. 805 TA ), filed City, Tex., to Uranium Extracting Plant pewa Falls, Hudson, LaCrosse, Luck, New March 30, 1971. Applicant: RUAN located 8 miles southwest of Falls City, Richmond, and Whitehall, Wis., for 180 TRANSPORT CORPORATION, Third Tex., on FM Road 791, for 150 days. days. Supporting shipper: Sanitary Farm and Keosauqua Way, Post Office Box 855, Supporting shipper : Simpson Timber Dairies, St. Paul Division of Land 50304, Des Moines, IA 50309. Applicant’s Co., C. R. Brown, Traffic Manager, 2000 O’Lakes, Inc., Post Office Box 116, Min­ representative: H. L. Fabritz (same Washington Building, Seattle, WA 98101. neapolis, MN 55440. Send protests to: address as above). Authority sought to Send protests to: Richard H. Dawkins, A. N. Spath, District Supervisor, Inter­ operate as a common carrier, by motor District Supervisor, Bureau of Opera­ state Commerce Commission, Bureau of vehicle, over irregular routes, trans­ tions, Interstate Commerce Commission, Operations, 448 Federal Building and porting: Acid base detergent sanitizer, 301 Broadway, Room 206, San Antonio, U.S. Court House, 110 South Fourth in bulk, in tank vehicles, from St. Paul, TX 78205. Street, Minneapolis, MN 55401. Minn., to St. Louis, Mo., and Rockford, No. MC 113624 (Sub-No. 58 TA), filed No. MC 135442 TA, filed March 30, 111., for 150 days. Supporting shipper: March 31, 1971. Applicant: WARD 1971. Applicant: DONSON’S EXPRESS, Lyon Chemicals, Inc., 2313 Wycliff Street, TRANSPORT, INC., Post Office Box 735, INC., 1117 Livington Avenue, North St. Paul, MN 551-14. Send protests to: Pueblo, CO 81002. Applicant’s repre­ Brunswick, NJ 08902. Applicant’s repre­ Ellis L. Annett, District Supervisor, sentative: Leslie R. Kehl, 420 Denver sentative: Paul Keeler, Post Office Box Interstate Commerce Commission, Club Building, Denver, CO 80202. Au­ 253, South Plainfield, NJ. Authority Bureau of Operations, 677 Federal Build­ thority sought to operate as a common sought to operate as a contract carrier, ing, Des Moines, IA 50309. carrier, by motor vehicle, over irregular by motor vehicle, over irregular routes, No. MC 108297 (Sub-No. 20 TA), filed routes, transporting: Ammonium nitrate, transporting: Carpeting, in rolls, from March 29,1971. Applicant: FOX TRANS­ in bulk, from Laramie, Wyo., to points New Brunswick, N.J., to Philadelphia, PORT SYSTEM, 21 South Fifth Street, in Colorado, Idaho, Kansas, Nebraska, Pa., for 180 days. Supporting shipper: Philadelphia, PA 19106. Applicant’s rep­ South Dakota, Utah, and Wyoming, for Coronet Carpets, Post Office Box 54, resentative: Alan Kahn, Suite 1920, #2 150 days. Supporting shipper: Wycon North Brunswick, NJ 08902. Send pro­ Penn Center Plaza, J. F. Kennedy Boule­ Chemical Co., Inc., Post Office Box 1087, tests to: District Supervisor S. H. Vance, vard, at 15th Street, Philadelphia, PA Colorado Springs, CO 80901. Send pro­ Bureau of Operations, Interstate Com­ 19102. Authority sought to operate as a tests to: District Supervisor Herbert C. merce Commission, 970 Broad Street, common earner, by motor vehicle, over Ruoff, Interstate Commerce Commission, Newark, NJ 07102. Bureau of Operations, 2022 Federal irregular routes, transporting: (1) Dairy By the Commission. products, in vehicles equipped with me­ Building, Denver, CO 80202. chanical refrigeration, and (2) fruit No. MC 117592 (Sub-No. 4 TA) (Cor­ [seal] R obert L. Oswald, juices and fruit drinks (except commodi­ rection) , filed March 19, 1971, and pub­ Secretary. ties in bulk in tank or hopper-type vehi­ lished in F ederal R egister issue of [PR Doc.71-4977 Piled 4-8-71;8:49 am] cles) , from Fort Washington, Pa., to Ex- March 27, 1971, and republished in part more, Va., for 180 days. Supporting ship­ as corrected this issue. Applicant: GER­ per: The Great. Atlantic & Pacific Tea ALD L. KRAMER, Rural Delivery No. 4, [Notice 678] Co., Inc., 90 Delaware Avenue, Paterson, Quakertown, PA 18951. Applicant’s repre­ MOTOR CARRIER TRANSFER NJ 07503. Send protests to: Peter R. sentative: Kenneth R. Davis, 999 Union PROCEEDINGS Guman, District Supervisor, Interstate Street, Taylor, PA 18517. Note: The Commerce Commission, Bureau of Oper­ purpose of this partial republication is A pril 6 ,1971. , ations, 1518 Walnut Street, Room 1600, to set forth the correct territory de­ Synopses of orders entered pursuant Philadelphia, PA. scription in (1) above to read as follows: to section 212(b) of the Interstate Com­ No. MC 110589 (Sub-No. 4 TA), filed From East Greenville, Pa., in lieu of merce Act, and rules and regulations March 31, 1971. Applicant: J. E. LAM- from Greenville, Pa. The rest of the ap­ prescribed thereunder (49 CFR Part MERT TRANSFER, INC., 317 North Oak plication remains the same. 1132), appear below : Street, Grand Island, NE 68801. Appli­ No. MC 135348 (Sub-No. 1 TA ), filed As provided in the Commission’s spe­ cant’s representative: J. Max Harding, March 30, 1971. Applicant: ELLIS B. cial rules of practice any interested per­ Box 82028, Lincoln, NE 801. Authority WEBSTER, 400 East Fourth Street, son may file a petition seeking recon­ sought to operate as a common carrier, Leadville, CO 80461. Authority sought to sideration o f the follow ing numbered proceedings within 20 days from th^ by motor vehicle, over irregular routes, operate as a common carrier, by motor vehicle, over regular routes, transport­ date of publication of this notice. Pur* transporting: Meats, meat products, ing: Lead, zinc, gold, and silver concen­ suant to section 17(8) o f the Interstat meat byproducts and articles distributed trates, from Black Cloud Mine in Iowa Commerce Act, the filing of such a pe­ by meat packinghouses, as described in Gulch, Lake County, Colo., to Leadville, tition will postpone the effective dat section A of appendix 1 to the report in Colo., railroad loading spurs approxi­ of the order in that proceeding pending Descriptions in Motor Carrier Certificates mately a 6-mile haul over Lake County its disposition. The matters relied upo

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 NOTICES 6871 by petitioners must be specified in their between Toronto, Ohio, and Bridgeport, Nebr. August F. Schuman,- Spencer, petitions with particularity. Ohio, including Toronto and Bridgeport, Nebr. 68777, attorney for applicants. No. MC-FC-72757. By order .of April 2, on the one hand, and, on the other, points [ seal] R obert L. O swald, in Ohio within 50 miles of Wheeling, Secretary. 1971, the Motor Carrier Board approved W. Va., and in West Virginia within 100 the transfer to Peoples Cartage, Inc., miles of Wheeling. James M. Burtch, 100 [FR Doc.71-4978 Filed 4-8-71;8:49 am] Massillon, Ohio, of Certificate No. MC- 20927 issued to Citizens Transfer & Stor­ East Broad Street, Columbus, OH 43215, age Co., a corporation, Parkersburg, W. attorney for applicants. [Notice 678-A] Va., authorizing the transportation, of: No. MC-FC-72775. By- order of April MOTOR CARRIER TRANSFER Household goods, as defined by the Com­ 2, 1971, the Motor Carrier Board ap­ PROCEEDINGS mission, between specified points in West proved the transfer to Weleski Transfer, Virginia, on the one hand, and, on the Inc., Tarentum, Pa*, of the operating A pril 6, 1971. other, points in Ohio, Pennsylvania, Ken­ rights in Certificate No. MC-79320 is­ Application filed for temporary au­ tucky, North Carolina, Virginia, Mary­ sued May 21, 1963, to Andy L. Weleski thority under section 210(a) (b) in con­ land, New Jersey, New York, and the and Anthony L. Weleski, a partnership, nection with transfer application under District of Columbia, and general com­ doing business as Weleski Transfer, Tar­ section 212(b) and Transfer Rules, 49 modities, with the usual exceptions, and entum, Pa., authorizing the transporta­ CFR Part 1132: oil field equipment and supplies, between tion of household goods between points specified points in West Virginia, Ohio, in Butler, Armstrong, Westmoreland, and No. MC-FC-72809. By application filed and Pennsylvania, James Muldoon, 50 Allegheny Counties, Pa., on the one hand, April 5, 1971, SHARKEY TRANSPOR­ West Broad Street, Columbus, OH 43215, and, on the other, points in Ohio, Mary­ TATION, INC., 4 Valley View Drive, attorney. land, Indiana', Illinois, Michigan, West Burlington, IA 52601, seeks temporary No. MC-FC-72773. By order of Virginia, Virginia, New York, New Jer­ authority to lease the operating rights of March 31, 1971, the Motor Carrier sey, and the District of Columbia. John WARSAW TRUCKING CO., INC., 1102 Board approved the transfer to A. B. & L. A. Vuono, 2310 Grant Building, Pitts­ burgh, PA 15219, attorney for applicants. West Winona Avenue, Warsaw, IN Transfer, Inc., Morristown, Ohio, of the 46580, under section 210a(b). The trans­ operating rights in Certificate No. MC- No. MC-FC-72788. By order of April 1, fer to SHARKEY TRANSPORTATION, 22861 issued February 7, 1952, to John C. 1971, the Motor Carrier Board approved Baiocco and Tony Baiocco, doing busi­ the transfer to Lester Leach, doing busi­ INC., of the operating rights of WAR­ ness as John C. Baiocco & Son, Tiltons- ness as Leach Trucking, Gordon, Nebr.; SAW TRUCKING CO., INC., is presently ville, Ohio, authorizing the transporta­ of the operating rights in Certificate No. pending. tion of building materials and such bulk MC-126256 (Sub-No. 2) issued April 13, By the Commission. commodities as are transported in dump 1965, to Arlan Kirk, Spencer, Nebr., au­ trucks, between points in Brooke, Han­ thorizing the transportation of cement, [ seal] R obert L. O swald, cock, and Ohio Counties, W. Va., and in bags, from Rapid City, S. Dak., to Secretary. that part of Ohio on Ohio Highway 7 Spencer, Atkinson, Naper, and Stuart, [FR Doc.71-4979 Filed 4^8-71:8:49 am]

CUMULATIVE LIST OF PARTS AFFECTED— APRIL

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 April.

3 CFR PaS® 7 CFR Page 8 CFR Page Proclamations: 722 ______6733 P roposed R ules: 4031 (revoked by Proc. 4040)_ 6335 723 ______6733 214______6755 4040 ______6335 724 ______6734 4041 ______6337 846_____ ;______6821 9 CFR 4042 ______6475 855______5961 76______5965, 5966, 6561-6563, 6736 4043 __ 6709 862______6734 97______6413 Executive O rders: 877______6489 905 ______6493 10 CFR April 17,1926 (revoked in part 906 ______5962 by PLO 5034)______6503 907 ______5963, 6494, 6734 Proposed R ules: 10952 (see EO 11589)_____ 6343 908 ______5963, 6735 20______6521 11588 ______i ______” 6339 910______6412 30J______6015, 6562 See Proc. 4040__.______6335 916______5964 31 _ 6015 11589 ______6343 32 ____ 6015 944______5964 Presidential D ocuments O ther 40_____ 6521 Than Proclamations and Exec­ 959______6559 70 ______6521 utive Orders: 999______6735 71 ______6521 Reorganization Plan No. 1 of 1468______6560 1958 (see EO 11589)______6343 1472______6560, 6561 12 CFR 1809______6821 1N______6494, 6736 5 CFR 14_____ 6738 Proposed R ules: 213_. ------5961, 20______6738 6071, 6487, 6488, 6573, 6732, 6733 51______6755 213______6826 307_. ------6488 56______6592 222______6413 334_. ______6488 908______6592 545______6739 890_. ______6573 916______6432 563 ______6739 1001 564 ______6740 928______5995 y CFR 1007______6830 P roposed R ules: 1. 1063______6593, 6833 545______6839 6071 556______6839 54_"" 6071 1070______6593, 6833 564______6764 354_ 6559 1078 ___ 6593: 6833 582_^______6840 601_ 6559 1079 ___ 6593, 6833 582b______6840

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6872 FEDERAL REGISTER

13 CFR 21 CFR— Continued Page 41 CFR— Continued Pa&e 121—______——______5967 135e______—______5976 5A-2 ______— ------5981 135g___ 5976 5A-3— —______- 5982 14 CFR 141e______- ______5977 5C-1—______— ______6753 39_—___ 5967, 6072, 6413, 6740 146e______5977 18-8______— 6345 71______— 6413-6415, 6741 420______— 6495, 6496, 6827 18-9___ 6383 75______:______6415 P roposed R ules: 18-10—______6396 77______5968, 6741 ' 1______— 6833 18-11______—______6406 101-26____ 1 -______— 6497 95:__—— ______5971 16______*______6835 97______6073 130______6833 101-32______6498 207— ______6574 420______6523 105-50______— 6498 208— ______6575 212______6576 24 CFR 42 CFR 214______6577 1914 _—______6078, 6746 73— ______6500, 6503 373— —- ______6577 1915 ______6079,250______— 6747 6423 378—______6586 481—______5982-5994 ___ $____ 6415 Proposed R ules: 378a____ P roposed R ules: 389— ______6591 1710-______- ____ 6594 54—______6116 P roposed R ules: 25 CFR 73______6828, 6835 ______6826-6827 420______—______6680 71___ Z 6015, 6434, 6760, 6761, 6836 111— ______— 6080 221—______6080, 6748 75______6837 43 CFR Ch. II—______- 6761 26 CFR 1720— ______=______6422 15 CFR 1______5977, 6081, 6421, 6477 2850______—— 6828 151______6081, 6421 373-______5975 P ublic Land O rders: 375— ___ :______5976 P roposed R ules: 5034— ______6503 376— — — ______—— 5976 1______6082, 6429, 6830 5035— ______IM ______- 6423 377______5976 53______6429 5036______6754 386______5976 143______— 6429 170—______6111 45 CFR 16 CFR 25ft______6423 28 CFR 13______6416, 6741-6744 Proposed R ules: 0 ____ - ______6748 P roposed R ules: 156 _ 6009 240— ____ —______6524 157 ______6011 433______J;______6592 29 CFR 1 ______;______6427 46 CFR 17 CFR 5______— _____i —- 6427 30—:____ —______6810 P roposed R ules: P roposed R ules:. 1 1 ______6013, 6014 249______6440 31 CFR Ch. II______6009, 6115, 6519, 6833 270______6595 502______6594 274______6595 0______—____ 6828 202 ______-0______—______6748 542______6116 18 CFR 203 ______—______— 6749 306— ______6749 47 CFR 6563 1 ______6056,6504 P roposed R ules: 32 CFR 2 ______—_____ — 6423 4______6596 577______6711 15______6504 101______6596 906—______— 5977 73______:_____ — _ 6507 141______6596 83____ : ______6423 154______6596 33 CFR 97______— 6423 156______6596 3______5978 Proposed R ules: 157_^______6596 82______6422 13—______6437 201______6596 6438 6596 204 ______- ______6422 15______260______73______6440 604______6762 208 ______6497 622...... —. 6762 209 ______- ______6564 P roposed R ules: 49 CFR 19 CFR 117______— 6115, 6836 l ______;______;______6570 1033____ 5978, 5979, 6571-6573, 6829 4______6420 - 6425 39 CFR 1100— — . 6425 20 CFR 144_____ 6750 1332^___ 404. 6420 P roposed R ules: P roposed R ules: ...... 6437 Proposed R ules: 144 6114 173_____ — 571...... — 6761, 6837-6839 404— ______6434 6595 41 CFR 1115______21 CFR 1-3 ______—— 5980 1^7______5980 50 CFR 27______6074 5980,6754 1 3 0 - - ______- ____ 6075 1-16______5981 33______LIST OF FEDERAL REGISTER PAGES AND DATES— APRIL Pages Date 5955-6066______—- April 1 6067-6328______— 2 6329-6469— ______—- 3 s 6471-6552 U______6 6553-6701______— 7 6703-6816______8 6817-6878 ______- ...... - 9 FEDERAL REGISTER VOLUME 36 • NUMBER 69

Friday, April 9, 1971 • Washington, D.C.

P A R T II

CIVIL SERVICE COMMISSION

No. 69—Pt. II------1 6874 RULES AND REGULATIONS

Sec. (a) Using public office for private Title 5— ADMINISTRATIVE 1001.735- 408 Information prohibited. gain; 1001.735- 409 Review of statements. 1001.735- 410 Confidentiality of statements. (b) Giving preferential treatment to PERSONNEL 1001.735- 411 Effect of statements on other any person; (c) Impeding Government efficiency or Chapter I— Gvil Service Commission requirements. 1001.735- 412 Submission of statements by economy; SUBCHAPTER C — REGULATIONS GOVERNING Government employees. (d) Losing complete independence or EMPLOYEES OF THE CIVIL SERVICE COMMISSION A u t h o r it y : The provisions o f this Part impartiality; PART 1001— EMPLOYEE 1001 issued under Executive Order 11222, 30 (e) Making a Government decision F.R. 6469, 3 CFR 1965 Supp., 5 CFR 735.101 outside official channels; or RESPONSIBILITIES AND CONDUCT et seq. (f) Affecting adversely the confidence Subchapter C of Chapter I of Title 5 Subpart A— General of the public in the integrity of the Gov­ of the Code of Federal Regulàtions is ernment. § 1001.735-101 Purpose. revised in its entirety. The major changes § 1001.735—202 Gifts, entertainment, made by the revision are to designate the The maintenance of unusually high and ftfvors. General Counsel as the counselor for the standards of honesty, integrity, impar­ Commission; to add a new § 1001.735-206 tiality, and conduct by employees and (a) Except as provided in paragraphs on “Safeguarding the examination proc­ special Government employees is essen­ (b) and (c) of this section, an employee ess” ; to clarify the definition of “em­ tial to assure the proper performance of shall not solicit or accept, directly or in­ ployee” ; to add a new paragraph (f) to the Commission’s business and the main­ directly, any gift, gratuity, favor, enter­ § 1001.735-202; to update § 1001.735-214, tenance of confidence by citizens in their tainment, loan, or any other things of “Miscellaneous statutory proceedings” ; Government. The avoidance of miscon­ monetary value, from a person who: to add a new paragraph (c) to § 1001.735- duct and conflicts of interest on the part (1) Has, or is seeking to obtain, con­ tractual or other business or financial re­ 303; to update § 1001.735-401; and to of employees and special Government lations with the Commission; clarify § 1001.735-404. As revised, Sub­ employees through informed judgment is indispensable to the maintenance of (2) Conducts operations or activities chapter C of Chapter I of Title 5 of the these standards. To accord with these that are regulated by the Commission; Code of Federal Regulations reads as concepts, this part sets forth the, Com­ or follows: mission’s regulations prescribing stand­ (3) Has interests that may be substan­ Subpart A— General ards of conduct and responsibilities and tially affected by the performance or Sec. governing statements of employment and nonperformance of his official duty. 1001.735- 101 Purpose. (b) The restrictions set forth in para­ 1001.735- 102 Definitions. financial interests for employees and spe­ cial Government employees. graph (a) of this section do not apply to: 1001.735- 103 Remedial action. (1) Obvious family or personal rela­ Subpart B-—Conduct and Responsibilities of § 1001.735^102 Definitions. tionships, such as those between the em­ Employees In this part: ployee and his parents, children, or 1001.735- 201 Proscribed actions. (a) “Employee” means an officer and spouse, when , the circumstances make it 1001.735- 202 Gifts, entertainment, and fa­ an employee of the Civil Service Commis­ clear that those relationships rather than vors. sion, but does not include a special Gov­ the business of the persons concerned are 1001.735- 203 Outside employment and ac­ ernment employee. the motivating factors; tivity. (b) “Person” means an individual, a (2) The acceptance of food and re­ 1001.735- 204 Financial interests. corporation, a company, an association, a freshments of nominal value on infre­ 1001.735^205 Misuse of information. quent occasions in the ordinary course of 1001.735- 206 Safeguarding the examination firm, a partnership, a society, a joint process. stock company, or any other organization a luncheon or dinner meeting or an in­ 1001.735- 207 Support of Commission pro­ or institution. spection tour where an employee may be grams. (c) “Special Government employee” properly in attendance; 1001.735- 208 Disagreements between Gov­ means a special Government employee as (3) The acceptance of loans from ernment officials. defined in section 202 of title 18 of the banks or other financial institutions on 1001.735- 209 Use of Government property. United States Code who is employed by customary terms to finance proper and 1001.735- 210 Indebtedness. the Commission. usual activities of employees, such as 1001.735- 211 Gambling, betting, and lot­ home mortgage loans; and teries. §1001.735—103 Remedial action. 1001.735- 212 Coercion. (4) The acceptance of unsolicited ad­ 1001.735- 213 General conduct prejudicial to (a) A violation of this part by an em­ vertising or promotional material, such the Government. ployee or special Government employee as pens, pencils, note pads, calendar, 1001.735- 214 Miscellaneous statutory provi­ may be cause for remedial action. Re­ and other items of nominal intrinsic sions. medial action may include, but is not value. Subpart C— Conduct and Responsibilities of limited to: (c) An employee shall not solicit a Special Government Employees (1) Changes in assigned duties; contribution from another employee for (2) Divestment by the employee or a gift to an official superior, make a 1001.735- 301 Use of Government employ­ donation as a gift to an official superior, ment. special Government employee of his con­ 1001.735- 302 Use of inside information. flicting interest; or accept a gift from an employee re­ 1001.735- 303 Gifts, entertainment, and fa­ (3) Disciplinary action which may be ceiving less pay than himself (5 U.S.C. vors. in addition to any penalty prescribed by 7351). However, this paragraph does not 1001.735- 304 Applicability of other provi­ law; or prohibit a voluntary gift of nominal sions. (4) Disqualification for a particular value or donation in a nominal amount Subpart D— Statements of Employment and assignment. y made on a special occasion such as Financial Interests marriage, illness, or retirement. (b) Remedial action, whether disci­ (d) An employee shall not accept a 1001.735- 401 Employees required to submit plinary or otherwise, shall be effected in statements. gift, present, decoration, or other thing accordance with any applicable laws, Ex­ from a foreign government unless au- 1001.735- 402 Employee’s complaint on filing ecutive orders, and regulations. ___,______— hv the requirement. 1001.735- 403 Form of statements. Subpart B— Conduct and ‘ Constitution and in 5 U.S.C. 7342. 1001.735- 404 Time for submission of state­ Responsibilities of Employees (e) Neither this section nor § 1001.735- ments. 203 precludes an employee from receipt 1001.735- 405 Supplementary statements. § 1001.735—201 Proscribed actions. of bona fide reimbursement, unless pro­ 1001.735- 406 Interests of employees’ rela­ tives. An employee shall avoid any action hibited by law, for expenses of travel 1001.735- 407 Information not known by which might result in, or create the ap­ and such other necessary subsistence a employees. pearance of: is compatible with this part for which no

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 RULES AND REGULATIONS 6875

Government paym ent or reimbursement request, or when the agency head gives by, a charitable, religious, professional, is made. However, this paragraph does written authorization for use of non­ social, fraternal, nonprofit educational not allow an employee to be reimbursed, public information on the basis that the and recreational, public service, or civic or payment to be made on his behalf, for use is in the public interest. In addition, organization. excessive personal living expenses, gifts, an employee who is a Presidential ap­ § 1001.735—204 Financial interests. entertainment, or other personal bene­ pointee covered by section 401(a) of the fits, nor does it allow an employee to be order shall not receive compensation or (a) An employee shall not: reimbursed by a person fo r travel on anything of monetary value for any con­ (1) Have a direct or indirect financial official business under Commission sultation, lecture, discussion, writing, or interest that conflicts substantially, or orders when reimbursement is pro­ appearance the subject matter of which appears to conflict substantially, with scribed by Decision B-128517 o f the is devoted substantially to the respon­ his Government duties and responsibili­ Comptroller General dated M arch 7, sibilities, programs, or operations of his ties ; or (2) Engage in, directly or indirectly, 1967. agency, or which draws substantially on (f) A gift or gratuity, the recepit of official data or ideas which have not a financial transaction as a result of, which is prohibited by this section shall become part of the body of public or primarily relying on, information be returned to the donor with a written information. obtained through h is Government explanation why the return is necessary. (c) Employees are encouraged to serve employment. A copy of the written explanation shall as members of committees or boards (b) This section does not preclude an be submitted to the Commission’s coun­ which plan or advise on training courses employee from having a financial inter­ selor on employee ethics and conduct or or programs offered by non-Govern­ est or engaging in financial transactions a deputy counselor (see CSC PM Chapter ment organizations, especially when the to the same extent as a private citizen 735, section l-2b) for filing in the em­ courses or programs are designed for, or not employed by the Government so long ployee’s Official Personnel Folder. When are of particular interest to, Federal as it is not prohibited by law, Exeputive the return of the gift is not possible, the employees. However, before an employee Order 11222, Part 735 of this chapter, gift or gratuity shall be submitted to one may accept membership on such a com­ or this part. of the above mentioned officials with a mittee or board, he shall request in writ­ § 1001.735—205 Misuse of information. written explanation why the return is not ing and secure the approval of the Com­ mission official authorized to grant the For the purpose of furthering a private feasible. The counselor or deputy coun­ interest, an employee shall not, except as selor shall turn the gift or gratuity over request. Bureau directors, regional di­ rectors, and heads of staff offices are provided in § 1001.735-203 (b ), directly or to a public or private charity or indirectly use, or allow the use of, official charitable organization. authorized to grant requests made by their employees. The Commissioners and information obtained through or in con­ §1001.735—203 Outside employment the Executive Director are the approving nection with his Government employ­ and activity. authorities for employees who report ment which has not been made available (a) An employee shall not engage in directly to them. The authorizing official to the general public. outside employment or other outside shall transmit a copy of each approved .§ 1001.735—206 Safeguarding the ex­ activity not compatible with the full and request for inclusion in the employee’s amination process. proper discharge of the duties and re­ Official Personnel Folder. (a) An employee shall notify his su­ sponsibilities of his Government em­ (d) Employees are encouraged to ac­ pervisor when he intends to file for a ployment. Incompatible activities include, cept appointments as faculty members competitive examination or an internal, but are not limited to: for after-hours teaching. However, be­ noncompetitive examination. He must (1) Acceptance of a fee, compensa­ fore an employee may accept such an give similar notice if he knows that a tion, gift, payment of expense, or any appointment, he shall request and secure close relative, a member of his house­ other thing of monetary value in cir­ approval, and the approved request shall hold, or a roommate intends to take a cumstances wherein acceptance may be included in his Official Personnel competitive examination. result in, or create the appearance of, a Folder, as provided in paragraph (c) of (b) If the employee takes part in the conflict of interest; this section. construction of written tests, has access (2) Outside employment or activity (e) An employee shall not receive any to test material or is involved in the which tends to impair his mental or salary or anything of monetary value examination rating process, his super­ Physical capacity to perform the duties from a private source as compensation visor or other appropriate authority will and responsibilities of his position in an for his services to the Government. arrange his duty assignments to prevent acceptable manner; (f) An employee who engages in any his contact with materials related to the (3) Outside employment or* activity kind of outside paid employment, on a examination or examinations applied for. which may bring criticism of, or cause substantially regular basis shall submit If the test material involved in the forth­ embarrassment to, the Commission; or to his immediate supervisor a memoran­ coming examination has already been (4) Outside employment or activity dum describing the employment and exposed to the employee, arrangement which is in violation of a statute, Execu­ stating approximately how many hours Will be made for the person concerned tive order, or regulation, including appli­ per week he is so employed. The immedi­ to be given an alternate test. cable State and local statutes and ate supervisor shall forward the memo­ (c) The supervisor is responsible to ordinances. randum through his bureau director, see that notifications given by employees (b) Employees are encouraged to en- regional director, or staff office head for are transmitted promptly. In the cen­ gage‘ in teaching, lecturing, and writing inclusion in the employee’s Official tral office, supervisors will forward this that is not prohibited by law, the Execu­ Personnel Folder. information to the Test Security Officer tive order, this part, or the agency regu­ (g) This section does not preclude an in the Bureau of Recruiting and Examin­ lations. However, an employee shall not, employee from: ing. In the regions, supervisors will give either for or without compensation, en­ (1) Participation in the activities of the information to Regional Directors. gage in teaching, lecturing, or writing, national or State political parties not deluding teaching, lecturing, or writing proscribed by law; § 1001.735—207 Support of Commission jor the purpose of the special prepara­ (2) Participation in the local self- programs. tion of a person or class of persons for government activities in the community (a) When a Commission program is “h examination of the Commission or in which he resides to the extent per­ based on law or Executive order, every oard of Examiners for the Foreign mitted by law. However, an employee employee has a positive obligation to Kf7106’ ^ a t depends on information may not hold elective office in his local make it function as efficiently and eco­ obtained as a result of his Government community government without the ap­ nomically as possible and to support it proval of the Executive Director; or employment, except when that informa- as long as it is a part of recognized pub­ (3) Participation in the affairs of, or lic policy. An employee may, therefore, i°n has been made available to the gen- acceptance of an award for meritorious properly make an address explaining eral public or will be made available on public contribution or achievement given and interpreting such a program, citing

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6876 RULES AND REGULATIONS its achievements, defending it against (e) When a creditor who holds a legal (g) The provision relating to the ha-! uninformed or unjust criticism, pointing judgment against an employee requests bitual use of intoxicants to excess (5 out the need for possible improvements, th^t the Commission assist in collecting U.S.C. 7352). or soliciting views for improving it. the debt, the employee shall be inter­ (h) The prohibition against the mis­ (b) An employee shall not, either di­ viewed by the Director of Personnel or use of a Government vehicle (31 U.SC rectly or indirectly, use appropriated the regional director, as appropriate. In 638a(c)). funds to influence a Member of Congress this interview he shall be instructed to (i) The prohibition against the mis­ to favor or oppose legislation in viola­ pay the debt in full within 90 days, or use of the franking privilege (18 U.S.C tion of 18 U.S.C. 1913. However, an em­ within whatever longer period is speci­ 1719). ployee is not prohibited from: fied by the Director of Personnel or re­ (j) The prohibition against the use of (1) Testifying as a representative of gional director if he determines that a deceit in an examination or personnel the Commission on pending legislation 90-day time limit would impose undue action in connection with Government proposals before congressional commit­ hardship on the employee, and informed employment (18 U.S.C. 1917). tees on request; or that failure to do so will be grounds for (k) The prohibition against fraud or j (2) Assisting congressional commit­ removal. false statements in a Government mat- i tees in drafting bills or reports on re­ .(f) When an employee is the subject ter (18 U.S.C. 1001). quest, when it is clear that the employee of a letter of complaint from a creditor (l) The prohibition against multilat- is serving solely as a technical expert who does not hold a legal judgment ing or destroying a public record (18 under the direction of committee against the employee, the Director of U.S.C. 2071). leadership. Personnel or regional director shall for­ (m) The prohibition against counter­ ward a copy of the letter to the employee feiting and forging transportation re­ § 1001.735—208 Disagreements between together with a.memorandum calling the quests (18 U.S.C. 508). Government officials. employee’s attention to the provisions (n) The prohibitions against: An employee shall not make public of this section. However, the Commission (1) Embezzlement of Government any disagreements with, or criticism of, will not assist the creditor in collecting money or property (18 U.S.C. 641); officials, policies, or practices of the Com­ the debt. (2) Failing to account for publie mission or of other Federal agencies in § 1001.735—211 Gambling, betting, and money (18 U.S.C. 643); and areas relating to the Commission’s func­ lotteries. (3) Embezzlement of the money or tions. Such matters may be brought to An employee shall not participate, property of another person in the pos­ the Executive Director’s attention for while on Government-owned or leased session of an employee by reason of his appropriate action. property or while on duty for the Gov­ employment (18 U.S.C. 654). § 1001.735—209 Use of Government ernment, in any gambling activity, in­ (6) The prohibition against unauthor­ property. cluding the operation of a gambling ized use of documents relating to claims from or by the Government (18 U.S.C. An employee shall not directly or in­ device; in conducting a lottery or pool; in a game for money or property; or m 285). directly use, or allow the use of, Govern­ (p) The prohibitions against political ment property of any kind, including selling or purchasing a numbers slip or ticket. activities in subchapter IH of chapter property leased to the Government, for 73 of title 5, United States Code and 18 other than officially approved activities. § 1001.735-212 Coercion. U.S.C. 602, 603, 607, and 608. An employee has a positive duty to pro­ An employee shall not use his Govern­ (q) The provision relating to the de­ tect and conserve Government property ment employment to coerce, or give the nial of the right to petition Congress (5 including equipment, supplies, and other appearance of coercing, a person to pro­ UJ3.C. 7102). _ property entrusted or issued to him. vide financial benefit to himself or an­ (r) The prohibition against an em­ § 1001.735—210 Indebtedness. other person, particularly one with whom ployee acting as the agent of a foreign he has family, business, or financial ties. (a) An employee shall pay each just principal registered under the Foreign financial obligation in a proper and § 1001.735—213 General conduct preju­ Agents Registration Act (18 U.S.C. 219). timely manner, especially one imposed by dicial to the Government. (s) The prohibition against a public law, such as Federal, State, or local taxes. official appointing or promoting a rela­ An employee shall not engage in crimi­ tive, or advocating such an appointment For the purpose of this section, a “just nal, infamous, dishonest, immoral,' or financial obligation” means one ac­ or promotion (5 U.S.C. 3110). notoriously disgraceful conduct, or other (t) The prohibition against the em­ knowledged by the employee or reduced conduct prejudicial to the Government. to judgment by a court. ployment of an individual convicted of felonious rioting or related offenses (5 (b) When an employee has a levy § 1001.735—214 Miscellaneous statutory provisions. U.S.C. 7313). placed against his salary for failure to (u) The tax. imposed on certain em­ pay an indebtedness for Federal income The attention of each employee is directed to the following statutory ployees (e.g., Presidential appointees, taxes, he shall be issued a written repri­ employees excepted under Schedule C, mand stating that failure to make satis­ provisions: employees in GS-16 or above, or a com­ factory arrangements regarding future (a) House Concurrent Resolution 175, tax liabilities will be grounds for 85th Congress, 2d Session, 72A Stat. B12, parable pay level) who knowingly en­ removal. the Code of Ethics for Government gage in self-dealing with a private (c) When an employee is the subject Service. foundation (26 U.S.C. 4941, 4946). “Self­ of a letter of complaint stating that he (b) Chapter 11 of title 18, United dealing” is defined in the statute to in­ has not paid his State or local taxes and States Code, relating to bribery, graft, clude certain transactions involving an has failed to make satisfactory arrange­ and conflicts of interest. (c) The prohibition against lobbying employee’s receipt of pay, a loan, or re­ ments regarding the debt, he shall be imbursement for travel or other expenses interviewed by the Director of Personnel with appropriated funds (18 U.S.C. in the central office or by the regional 1913). from, or his sale to or purchase o f prop­ director in a regional office. In this inter­ (d) The prohibitions against, dis­ erty from a private foundation. loyalty and striking (E.O. 10450, U.S.C. view he shall be instructed to make Subpart C— Conduct and Responsibil­ satisfactory arrangements for the pay­ 1918). ment of his debt immediately and in­ (e) The prohibition against the em­ ities of Special Government Em­ formed that failure to do so will be ployment of a member of a Communist ployees organization (50 U.S.C. 784). grounds for removal. § 1001.735—301 Use of Government em­ (f) Hie prohibitions against: (d) When an employee is the subject ployment. (1) The disclosure of classified infor­ of a letter of complaint regarding any A special Government employee shall other kind of indebtedness to a unit of mation (18 U.S.C. 798, 50 U.S.C. 783) ; government, Federal, State, or local, and not use his Government employment for the procedure prescribed in paragraph (2) The disclosure of confidential in­ a purpose that is, or gives the appearance (c) of this section shall be observed. formation (18 U.S.C. 1905). of being, motivated by the desire fox

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 RULES AND REGULATIONS 6877 private gain for himself or another per­ the return of the gift is not possible, the (w) Systems Accountant, GS-14, Sys­ son, particularly one with whom he has gift or gratuity shall be submitted to tems and Audits, Bureau of Retirement, family, business, or financial ties. one of the above mentioned officials with Insurance, and Occupational Health. a written explanation why the return is (x) Auditors (Financial Activities), § 1001.735—302 Use of inside informa­ not feasible. The counselor or deputy tion. GS-13, Systems and Audits, Bureau of counselor shall turn the gift or gratuity Retirement, Insurance, and Occupational (a) A special Government employee over to a public or private charity or Health. shall not use inside information obtained charitable organization. (y) The Director, Bureau of Training. as a result of his Government employ­ (z) The Deputy^ Director, Bureau of ment for private gain for himself or an­ § 1001.735—304 , Applicability of other provisions. Training. other person either by direct action on (aa) Ih e Assistant Director for Train­ his part or by counsel, recommendation, The provisions of §§ 1001.735-206 ing Operations, Bureau of Training. or suggestion to another person, partic­ through 1001.735-213 apply to special (bb) The Director, Bureau of Per­ ularly one with whom he has family, Government employees in the same man­ sonnel Management Evaluation. business, or financial ties. For the pur­ ner as to employees. (cc) The Deputy Director, Bureau of pose of this section, “inside informa­ Personnel Management Evaluation. tion” means information obtained under Subpart D— Statements of Employ­ ment and Financial Interests (dd) Each Regional Director. Government authority which has not be­ (ee) The Director, Federal Executive come part of the body of public informa­ § 1001.735—401 Employees required to Institute. tion. submit statements. (if) Each Executive Seminar Center (b) A special Government employee Director. may engage in teaching, lecturing, and The following employees shall submit writing to the same extent, and subject statements of employment and financial § 1001.735—402 Employee’s complaint interests in accordance with §§ 1001.735- on filing requirement. to the same restrictions, as provided in 402 through 1001.735-411: § 1001.735-203 (b) for employees. (a) The Executive Director. An employee who feels that his posi­ §1001.735—303 Gifts, entertainment, (b) The Deputy Executive Director. tion has been improperly included in the and favors. (c) The Assistant Executive Director. list in § 1001.735-401 as one requiring the (d) The Director, Office of Labor- submission of a statement of employment (a) Except as provided in paragraph and financial interests may obtain a re­ (b) of this section, a special Government Management Relations. (e) The General Counsel. view of his complaint under the Commis­ employee, while so employed or in con­ sion’s internal grievance procedure. nection with his employment, shall not (f) The Deputy General Counsel. receive or solicit from a person having (g) The Chairman, Board of Appeals § 1001.735—403 Form of statements. . business with the Commission anything and Review. (h) The Director, Office of Hearing An employee required to submit a of value as a gift, gratuity, loan, enter­ statement of employment and financial tainment, or favor for himself or an­ Examiners, and all employees in Hear­ ing Examiner positions. interests shall submit that statement in other person, particularly one with whom the format prescribed by the Personnel he has family, business, or financial ties. (i) The Director, Bureau of Manage­ Division. (b) The restrictions set forth in par­ ment Services. agraph (a) of this section do not apply (j) The Deputy Director, Bureau of § 1001.735—404 Time for submission to: Management Services. of statements. (1) Obvious family or personal rela­ (k) The Director of Personnel. An employee required to submit a tionships, such as those between the (l) The Chief, Office Services Division, statement of employment and financial special Government employee and his Bureau of Management Services. interests by § 1001.735-401 shall submit parents, children, or spouse, when the (m) The Assistant Chief, Office Serv­ that statement no later than 30 days circumstances make it clear that those ices Division, Bureau of Management after the date of entrance on duty in the relationships rather than the business Services. position covered by § 1001.735-401. of the persons concerned are the moti­ (n) The Chief, Budget and Finance vating factors; Division, Bureau of Management § 1001.735—405 Supplementary state­ (2) The acceptance of food and re­ Services. ments. freshments of nominal value on infre­ (o) The Assistant Chief, Budget and Changes in, or additions to, the in­ quent occasions in the ordinary course Finance Division, Bureau of Manage­ formation contained in an employee’s of a luncheon or dinner meeting or other ment Services. statement of employment and financial meeting or on an inspection tour where (p) The Director, Bureau of Retire­ interests shall be reported in a supple­ an employee may properly be in attend­ ment, Insurance, and Occupational mentary statement, in the format pre­ ance: Health. scribed by the Personnel Division, as of (3) The acceptance of loans from (q) The Deputy Director, Bureau of June 30 each year. If no changes or addi­ banks or other financial institutions on Retirement, Insurance, and Occupational tions occur, a negative report is required. customary terms to finance proper and Health. Notwithstanding the filing of the annual usual activities of special Government (r) The Assistant to the Director, report required by this section, each em­ employees, such as home mortgage loans: Bureau of Retirement, Insurance, and ployee shall at all times avoid acquiring and Occupational Health. a financial interest that could result, or (4); The acceptance of unsolicited ad­ (s) The Chief, Legislative and Policy taking an action that would result, in a vertising or promotional material, such Division, Bureau of Retirement, Insur­ violation of the conflicts-of-interest pro­ us Pens, pencils, note pads, calendars, ance, and Occupational Health. visions of section 208 of title 18, United and other items of nominal intrinsic (t) The Chief Actuary, Office of the States Code, or Subpart B of this part. value. Actuary, Bureau of Retirement, Insur­ (c) A gift or gratuity, the receipt of ance, and Occupational Health. § 1001.735—406 Interests o f employees’ Much is prohibited by this section shall (u) Assistant to the Chief (Contracts relatives. ue returned to the donor with a written and Instructions Specialists) GS-14 and The interests of a spouse, minor child, explanation why the return is necessary. GS-15, Legislative and Policy Division, or other member of an employee’s im­ A copy of the written explanation shall Bureau of Retirement, Insurance, and mediate household are considered to be ue submitted to the Commission’s coun- Occupational Health. interests of the employee. For the pur­ eior on employee ethics and conduct or (v) Supervisory Accountant, GS-15, pose of this section, “member of an em­ a deputy counselor (see CSC PM Chapter Systems and Audits, Bureau of Retire­ ployee’s immediate household” means «5, section lr2b) for filing in the em- ment, Insurance, and Occupational those blood relations who are residents p oyee’s Official Personnel Folder. When Health. of the employee’s household.

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971 6878 RULES AND REGULATIONS

§ 1001.735—407 Information not known (c) All other employees covered under § 1001.735—412 Submission of stale, by employees. § 1001.735-401 shall submit their state­ ments by special Government em­ If any information required to be in­ ments of employment and financial in­ ployees. cluded on a statement of employment terests, and their supplementary state­ (a) Each special Government em­ and financial interests or on a supple­ ments, directly to the Director, Bureau ployee shall submit a statement of em­ mentary statement, including holdings of Management Services, for review. ployment and financial interests not placed in trust, is not known to the em­ (d) When a statement submitted un­ later than the time of his employment. ployee but is known to another person, der paragraph (b) or (c) of this section Each special Government employee shall the employee shall request that other indicates a conflict between the inter­ keep his statement current throughout person to submit the information in his ests of an employee and the performance his period Of employment by the submis­ behalf. of his services for the Government, and sion of supplementary statements. when the conflict or appearance of con­ § 1001.735—408 Information prohibited. (b) A special Government employee flict cannot be resolved by the reviewing shall submit his statement of employ­ An employee is not required to submit official, he shall report the information ment and financial interests in the for- on a statement of employment and fi­ concerning the conflict or appearance of , mat prescribed by the Personnel Divi­ nancial interests, or on a supplementary conflict to the Chairman through the sion. The statement is filed with the Di­ statement, any infomjation relating to counselor for the Commission. The em­ rector, Bureau of Management Services, the employee’s connection with, or inter­ ployee concerned shall be given an op­ and is accorded the confidentiality pre­ est in, a professional society or a chari­ portunity to explain the conflict or ap­ scribed in § 1001.735-410. table, religious, social, fraternal, recrea­ pearance of conflict before remedial ac­ tional, public service, civic, or political tion is initiated. (c) The provisions of §§ 1001.735-406 through 1001.735-411 apply, to special organization or a similar organization § 1001.735—410 Confidentiality of state­ not conducted as a business enterprise. ments. Government employees in the same man­ For the purpose of this section, educa­ ner as to employees. tional and other institutions doing re­ Each statement of employment and financial interests, and each supplemen­ (d) The Chairman of the Commission search and development or related work may waive the requirement in paragraph involving grants of money from or con­ tary statement, shall be held in confi­ tracts with the Government are deemed dence and retained in limited access files (a) of this section for the submission of “ business enterprises” and are required of the reviewing official. The use of in­ a statement of employment and financial to be included in an employee’s state­ formation on the statements shall be interests in the case of a special Gov­ ment of employment and financial limited to that necessary to carry out the ernment employee who is not a consult­ interests. purposes of this part. Information from a statement or a supplementary state­ ant or an expert when he finds, that the § 1001.735—409 Review o f statements. ment shall not be disclosed except by duties of the position held by that spe­ (a) The Executive Director, the Dep­ decision of the Chairman of the cial Government employee are of a na­ uty Executive Director, the Assistant to Commission. ture and at such a level of responsibility the Chairman, the General Counsel, the § 1001.735—411 Effect of statements on that the submission of the statement by Deputy General Counsel, and the Chair­ other requirements. the incumbent is not necessary to pro­ man of the Board of Appeals and Review tect the integrity of the Government. For shall submit their statements of employ­ The statements of employment and fi­ ment and financial interests, and their nancial interests and supplementary the purposes of this paragraph, “con­ supplementary statements, directly to statements required of employees are in sultant” and “expert” have the meanings the Commission for review. addition to, and not in substitution for given those terms by Chapter 304 of the or in derdgation of any similar require­ (b) Bureau directors, regional direc­ Federal Personnel Manual. tors, and the heads of staff offices who ment imposed by law, order, or regula­ United S tates Civil S erv­ report to the Executive Director shall tion. The submission of a statement or supplementary statement by an employee ice Commission, submit their statements of employment does not permit him or any other person [ seal] James C. Spry, and financial interests, and their supple­ to participate in a matter in which he Executive Assistant to mentary statements, directly to the Ex­ or the other person’s participation is pro­ the Commissioners. ecutive Director for review. hibited by law, order, or regulation. [PR Doc.71-4788 Piled 4-8-71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 69— FRIDAY, APRIL 9, 1971

UNITED STATES GOVERNMENT ORGANIZATION MANUAL -1970/71 OFFICE OF THE FEDERAL REGISTER National Archives and Reoords Service General Services Administration.

UNITED STATES GOVERNMENT ORGANIZATION MANUAL

1 9 7 0 /7 1 presents essential information about Government agencies (up­ dated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about the U .S. Govern­ ment. The United States Government Organization Manual is the official guide to the functions of the Federal Government, published by the Office of the Federal Register, GSA.

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