SATURDAY, FEBRUARY 26, 1972 WASHINGTON, D.C. Volume 37 ■ Number 39 / v Mum C \ Pages 4063-4131
>S HIGHLIGHTS OF THIS ISSUE This fisting does not affect the legal status of any document published in this issue. Detailed table of contents appears inside. DAIRY PRODUCTS— USDA increases fees for vol untary inspection and grading service; effective 3-1-72 4069 CUSTOM PROCESSED MEAT— USDA minimizes labeling requirements; effective 2 -26-72 4070 AIRMAN MEDICAL STANDARDS— FAA clarifying definitions of mental and neurologic conditions; effective 4 - 2 6 - 7 2 ______4071 VEHICLE FORFEITURES— Customs Bur. amend ment on mitigation and remission decisions; effective 2-26—72______4077 FOOD ADDITIVES— FDA provides for safe use of stabilizing substance in food contact materials; comments within 30 days______4077 FLOOD INSURANCE— HUD additions to hazard areas and insurance eligibility lists (2 docu ments) 4079, 4080 MARITIME OIL POLLUTION RESPONSIBILITY— FMC clarifying amendment regarding insurer’s liability; effective 2 -2 6 -7 2 ______4081 FMC notice of voluntary revocation of certif icates ______4116 TELECOMMUNICATIONS- FCC amendment reflecting development of a “common system” Microwave Landing Sys tem; effective 3 -8 1 - 7 2 i2 ;J .!r, _ ; . ^ ...... 4082 FCC additions to FM Table of Assignments; effective 3 -3 1 -7 2 ____ 4082 (Continued inside) i Just Released CODE OF FEDERAL REGULATIONS (Revised as of January 1,1972) Title 22—Foreign Relations______— 7® Title 26—Internal Revenue Part 1 (§§ 1.301-1.400)------1.00 Title 26—Internal Revenue (Parts 500-599)------— 1.75 [A Cumulative checklist of CFR issuances for 1972 appears in the first issue of the Federal Register each month under Title 1] Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402 Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDEM^REGISTER Archives and Records Service, General Services Administration, Washington, D.C. 20408, Area Code 202 Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op F ederal R egulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code of F ederal R egulations is sold by the Superintendent of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code op F ederal R egulations. HIGHLIGHTS— Continued CUSTOMS AND NAVIGATION— Customs Bur. HANDICAPPED CHILDREN’S EARLY EDUCATION proposed revision of enforcement regulations; PROGRAM— HEW notice of closing date for cer comments within 60 days ...... 4084 tain applications...... 4106 SCHOOL BREAKFAST PROGRAM— USDA COMMISSION ON HIGHWAY BEAUTIFICATION— stresses child nutrition efforts in proposal on Comm, announcement for 3 -2 0-7 2 hearing in school eligibility criteria and reimbursement St. Louis...... 4110 rates; comments within 30 days ...... 4091 ENVIRONMENT— NEW ANIMAL DRUGS— FDA proposes warning Council on Environmental Quality listing of statement for intramammary infusion of corti impact statements ...... 4110 costeroids; comments within 60 days______4095 Interior Dept, notice of availability of report.... 4104 AEC notice of availability of report..... 4107 STOCK AND BANKING ACTIVITIES— FRS pro posals concerning the list of OTC Margin Stocks STRATEGIC AND CRITICAL MATERIALS— OEP and the leasing of real property by bank holding listing...... 1...... 4123 companies (2 documents); comments by 3-17-72 and 3 -24-72, respectively...... 4097, 4098 CERAMIC ARTICLES— Tariff Comm, reports seri ous injury to domestic producers due to increased ECONOMIC STABILIZATION— IRS notices on imports ...... 4125 Price Comm, rulings concerning allocation of allowable costs to residence occupied by owner EARLY CHILDHOOD EDUCATION— HEW pro and cost justified price increases (2 docu poses planning grants for expansion of Follow ments) ______4099 Through Program; comments within 15 days...... 4105 Contents AGRICULTURE DEPARTMENT Notices Proposed Rule Making Manpower shortages; listings: Enforcement; customs and navi See Animal and Plant Health Professor of Military History, gation laws______4084 Service; Consumer and Market U.S. Military Academy, West ing Service; Food and Nutrition Point, N.Y______4109 EDUCATION OFFICE Service. Textile Technologist, Bureau of Notices Customs____ 4109 ANIMAL AND PLANT HEALTH Noncareer executive assignments; Grants to State educational agen grants of authority, revocations cies for development of success SERVICE of authority, and title changes ful follow through program (20 documents)______4107-4109 models; proposed standards and Rules and Regulations closing date______4105 Exotic Newcastle disease; and COMMERCE DEPARTMENT Handicapped Children’s Early Education Program; closing date psittacosis or ornithosis in poul See Import Programs Office. try; areas quarantined______4070 for receipt of applications____ 4106 CONSUMER AND MARKETING ATOMIC ENERGY EMERGENCY PREPAREDNESS SERVICE COMMISSION OFFICE Rules and Regulations Notices Notices Dairy products; inspection and Strategic and critical materials; Jersey Central Power and light grading services; fees and listin g ______4123 Co.; availability of applicant’s charges______4069 environmental report______4107 Labeling; custom prepared prod ENVIRONMENTAL PROTECTION ucts ______4070 Virginia Electric and Power Co.; Lemons grown in California and AGENCY order of Board scheduling pre- Arizona; handling limitation__ 4070 Proposed Rule Making hearing conference______4107 Proposed Rule Making Patents, data, and copyrights; CIVIL SERVICE COMMISSION Valencia oranges grown in Arizona patents and inventions; correc and California; size regulations. 4091 tion ______4096 Rules and Regulations CUSTOMS BUREAU ENVIRONMENTAL QUALITY Excepted service: COUNCIL Department of Housing and Rules and Regulations Urban Development______4069 Notices Environmental P rotection General provisions ; C u s t o m s Agency______4069 Environmental impact statements; Agency Service offices______4076 public availability. ______4110 Equal Employment Opportunity Vehicle forfeitures; requirements Commission______4069 on petition for relief. ______4077 (Continued on next page) 4065 4066 CONTENTS FEDERAL AVIATION FEDERAL POWER COMMISSION HOUSING AND URBAN ADMINISTRATION Notices DEVELOPMENT DEPARTMENT Rules and Regulations Hearings, etc.: See also Federal Insurance Ad ministration. Alterations: Continental Oil Co. et al------4118 Control zones and transition Getty Oil Co. et al------4120 Notices areas (6 documents)____ 4073, 4074 Gray, Fred H., et al------4119 Acting Regional Administrator, Federal airway segments------4072 Humble Oil and Refining Co. et Region VI (Fort W orth); desig Restricted areas (3 documents) _ 4075, al ______4119 nations ______4107 4076 Designations: FEDERAL RESERVE SYSTEM IMPORT PROGRAMS OFFICE Area high routes------4076 Proposed Rule Making Notices Federal airway and jet route Bank holding companies; non Applications for duty-free entry segm ents______4075 banking activities;------4098 Federal airway segment------4073 of scientific articles; Presby- Securities credit transactions; re terian-St. Luke’s Hospital et al_ 4100 Reporting point------4075 quirements for continued in Transition area______4075 Decisions on applications for clusion on list of OTC margin duty-free entry of scientific Medical standards and certifica sto ck s------—------4097 tion; terminology and separa articles: tion of disqualifying mental and Notices Emory University------4101 neurologic conditions______— 4071 Acquisition of banks: Erie County Laboratory------4102 Revocation; Federal airway seg First Southwest Bancorpora- Forest Service______— — 4102 ment ______£ ------4073 tion, Inc.; denial— l------4121 State University College------4102 First United Bancorporation, University of Alabama_____ .— 4103 Proposed Rule Making Inc.; application------4121 University of Hawaii— ,------4103 Transition areas : Huntington Bancshares Inc.; University of Maryland______4104 Designation and alteration----- 4096 approval------4121 University of Texas______4104 Designations (2 documents)— 4095, United Banks of Colorado, Inc.; 4096 approval______4121 INTERIOR DEPARTMENT United Jersey Banks; approval. 4122 See also National Park Service; Notices Oil and Gas Office. Flight Service Station at Imperial, FISCAL SERVICE Notices Nebraska Municipal Airport; decommissioning------4107 Notices Proposed Oil Shale Retort Re Houston General Insurance Com search Project, Anvil Points, FEDERAL COMMUNICATIONS pany; surety companies accept Colo.; availability of final en COMMISSION able on Federal bonds------4099 vironmental statement— ;------4104 Rules and Regulations FOOD AND DRUG INTERNAL REVENUE SERVICE FM broadcast stations; table of ADMINISTRATION Notices assignments; Opp and Ozark, Rules and Regulations Price Commission rulings: Ala ______4082 Allocation of allowable costs to Frequency allocation and radio Food additives; antioxidants and/ or stabilizers for polymers------4077 residence occupied by owners 4099 treaty matters; “common sys Service organizations—cost jus tem” microwave landing sys Proposed Rule Making tified price increases------— 4099 tem ------4082 Corticosteroid drugs; labeling; Notices warning statements______4095 INTERSTATE COMMERCE Common carrier services informa COMMISSION tion; domestic public radio serv FOOD AND NUTRITION ices applications accepted for SERVICE Notices filin g ------t------4113 Assignment of hearings (2 docu Station KUTV, Salt Lake City; Proposed Rule Making ments) ______4126 “prime time waiver”; certain School breakfast and nonfood as Motor carriers: NBC movies______- ______4112 sistance programs and State ad Temporary authority applica ministrative expenses; school tions (2 documents).!------4126 FEDERAL INSURANCE eligibility criteria and reim Transfer proceedings______— 4127 ADMINISTRATION bursement ------4091 NATIONAL PARK SERVICE Rules and Regulations * GENERAL SERVICES Rules and Regulations Flood insurance program: ADMINISTRATION Areas eligible for sale of in Vehicles, traffic safety, and special __ surance ____ ------_------4079 Rules and Regulations regulations; mufflers, hitchhik Identification of special hazard Contracting officer’s decision un ing, and pets______;— 4078 a r e a s ____ ^------4080 der disputes clause.------,___ 4077 OIL AND GAS OFFICE FEDERAL MARITIME HEALTH, EDUCATION, AND Rules and Regulations COMMISSION WELFARE DEPARTMENT Oil irqport regulation; Canadian Rules and Regulations See Education Office; Food and imports; correction------4078 Drug Administration; Social Se Financial responsibility for oil SECURITIES AND EXCHANGE pollution cleanup; clarifying curity Administration. language in certificate of insur COMMISSION ance form------—------4081 HIGHWAY BEAUTIFICATION COMMISSION Notices Notices E.I. Du Pont de Nemours and Co.; Certificates of financial respon- Notices filing of application for order . sibility Coil pollution) ; certifi Highway beautification; notice exempting proposed transac cates revoked______4116 and location of public hearing. 4110 tion ______4123 CONTENTS 4067 SMALL BUSINESS SOCIAL SECURITY TARIFF COMMISSION ADMINISTRATION ADMINISTRATION Notices Proposed Rule Making Ceramic articles; reports to the Notices President______4125 Federal health insurance for Declaration of disaster loan areas: aged; conditions for coverage of TRANSPORTATION DEPARTMENT A rkansas______4124 services of independent labora Mississippi ______4124 See Federal Aviation Administra tories; correction______4095 tion. Surrender of licenses: SBIC of the Eastern States, Inc_ 4124 TREASURY DEPARTMENT Security Small Business Invest See Customs Bureau; Fiscal Serv ment Co______4125 ice; Internal Revenue Service. 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, 1972, and specifies how they are affected. 5 CFR 19 CFR 24 CFR 213 (3 documents) 4069 1______4076 1914 _ 4079 171______4077 1915 _ 7 CFR P roposed R u l e s : 4080 58______4069 1______910______4070 4______«ÜÜ 32A CFR P roposed R u l e s : 8______4084 Ch. X : 220______4091 23______4084 OI Reg. 1 4078 908______4091 123______4084 161______9 CFR 162______tZ 36 CFR 4______82______40™ 20 CFR 4078 317_____ 4070 „ „ 7______4078 P roposed R u l e s : 12 CFR 405______4095 41 CFR P roposed R u l e s: 21 CFR 5 B -1 ____ _ 4077 207______4097 5 B -1 6 ______4077 220______4097 121______4077 221______4097 P roposed R u l e s : P roposed R u l e s : 225______. 4098 135______4095 15-9______4096 14 CFR 46 CFR 67— ______4071 542—______4081 71 (12 documents)______4072-4075 73 (3 documents)______4075, 4076 75 (2 documents)______4075, 4076 4 7 CFR P roposed R u l e s : 2______4082 71 (3 documents)______4095, 4096 73______4082 4069 Rules and Regulations PART 213— EXCEPTED SERVICE § 58.43 Fees for inspection, grading and Title 5— ADMINISTRATIVE sampling. Department of Housing and Urban Development Except as otherwise provided in this PERSONNEL section and §§ 58.39, 58.44, 58.45, and Chapter I— Civil Service Commission Section 213.3384 is amended to show 58.46, charges shall be made for inspec that the position of Special Assistant to tion, grading and sampling service at the PART 213— EXCEPTED SERVICE the Assistant to the Secretary for Con hourly rate of $10.60 for service per Environmental Protection Agency gressional Relations is no longer excepted formed between 6 a.m. and 6 p.m., and Under Schedule C. $11.60 for service performed between 6 Section 213.3318 of Schedule C is Effective on publication in the F ederal p.m. and 6 a.m., for the time required to amended to reflect the following head- R egister (2-26-72), subparagraph (22) perform the service calculated to the note change: from Office of the Assistant of paragraph (a) of § 213.3384 is revoked. nearest 15-minute period, including the Administrator (for Standards and En (5 U.S.C. sections 3301, 3302, E.O. 10577; 3 time required for preparation of cer forcement) and General Counsel to Of CFR 1954-58 Comp., p. 218) tificates and reports, and travel of the fice of the Assistant Administrator for inspector or grader in connection with United S tates Civil S erv Enforcement and General Counsel. the performance of the service. When the ice Commission, Effective on publication in the F ederal Administrator determines it feasible, he [ seal ] James C. S pr y , ‘may set a minimum charge based on R egister (2-26-72), the headnote of Executive Assistant to average time for specific types of service. paragraph (d) of § 213.3318 is amended the Commissioners. A minimum charge of one-half hour shall ] as set out below. [FR Doc.72-2914 Filed 2-25-72;8:51 am] be made for service pursuant to each re § 213.3318 Environmental Protection quest or certificate issued. Agency. Title 7— AGRICULTURE § 58.44 Fees for laboratory analysis. Except as otherwise provided in this i ***** Chapter I— Consumer and Marketing section and §§ 58.45 and 58.46, charges (d) Office of the Assistant Adminis Service (Standards, Inspections, shall be made for laboratory analysis at trator for Enforcement and General Marketing Practices), Department of the hourly rate of $11.60 for the time Counsel. * * * Agriculture required to perform the service. A mini ***** PART 58— GRADING AND INSPEC mum charge of one-half hour shall be (5 U.S.C. sections 3301, 3302, E.O. 10577; 3 TION, GENERAL SPECIFICATIONS made for service pursuant to each request CFR 1954-58 Comp. p. 218) FOR APPROVED DAIRY PLANTS or certificate issued. The following mini U nited S tates Civil S erv AND STANDARDS FOR GRADES OF mum rates based on average time re ice Commission, DAIRY PRODUCTS quired to perform the test specified shall [seal] J ames C. S pr y , apply unless the actual time required to Executive Assistant to Subpart A— Regulations Governing the Commissioners. perform the test is greater than the mini i the Inspection and Grading Serv mum set forth: [PR Doc.72-2912 Piled 2-25-72;8:51 am] ices of Manufactured or Processed PART 213— EXCEPTED SERVICE Dairy Products (a) Dry milk and related products : Total fat (ether extractions)______$2. 10 Equal Employment Opportunity F ees and Charges M oisture___ '______1. 60 Commission Titratable acidity______. 80 The Agricultural Marketing Act of Solubility index______1. 05 Section 213.3377 is amended to show 1946 authorizes official inspection and Scorched particles______1 . 05 that one additional position of Special grading service of dairy products. Such Bacterial plate count______.______2.10 I Assistant to a Member of the Commis inspection and grading service is volun Bacterial direct microscopic count___ 3. 15 sion is excepted under Schedule C. tary and is made available only upon Flavor______.-______. 55 request of financially interested parties Whey protein nitrogen______5. 25 Effective on publication in the F ederal upon payment of a fee. The Act requires Vitamin A______10. 50 R egister (2-26-72), paragraph (f) of such fees to be reasonable and, nearly Alkalinity of Ash______11. 60 Dispersibility ______5. 25 § 213.3377 is amended as set out below. as possible, to cover the cost of perform Coliform (solid media)______2.10 ing the services. Recent salary increases Salm onella______8. 40 § 213.3377 Equal Employment Oppor for Federal employees and other rising tunity Commission. Phosphatase______11. 60 costs of maintaining the inspection and Oxygen______'______6. 30 ***** grading service have made it necessary Density______.80 (f) One Special Assistant to each of to reevaluate and increase fees charged for inspection and grading services in (b) Condensed milk and related prod two members of the Commission. order to more nearly recover costs of u cts: ***** rendering the service. Fat (ether extraction) - ______$3.15 (5 U.S.C. sections 3301, 3302, E.O. 10577; 3 Pursuant to the authority of the Ag Total solids______2. 10 CFR 1954-58 Comp., p. 218) ricultural Marketing Act of 1946, as Sugar (sucrose)______11.60 Net weight (per can )______11. 30 U nited S tates Civil S erv amended (7 U.S.C. 1621-27) the provi Flavor, color, body, texture______80 ice Commission, sions of Regulations Governing the In (c) Cheese and related products: [seal] J ames C. S p r y , spection and Grading Services of Manu Executive Assistant to factured or Processed Dairy Products: 7 M oisture______$2.10 the Commissioners. Moisture in duplicate------3.16 CFR 58.43 and 58.44, are hereby amended Total fat (ether extraction)______3.70 [PR Doc.72-2913 Filed 2-25-72;8:51 am] to read as follows : Moisture and fat (dry basis) complete. 5. 80 FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4070 RULES AND REGULATIONS (d) Butter and related products: and postpone the effective date of this as amended, sections 1 and 2 of the Act Moisture ______N_------$2.10 section until 30 days after publication of February 2,1903, as amended, sections F a t ______4.20 hereof in the F ederal R egister (5 U.S.C. 4, 5, 6, and 7 of the Act of May 29, 1884, S a lt______2.10 553) because the time intervening be as amended, and sections 3 and 11 of the Complete Kohman analysis------6.30 tween the date when information upon Act of July 2,1962 (21 U.S.C. 111, 112,113, Fat and moisture (same sample)------5. 25 which this section is based became avail 115, 117, 120, 123, 124, 125, 126, 134b, Flavor, odor, body, texture______1.05 able and the time when this section must 134f), Part 82, Title 9, Code of Federal Peroxide value______11. 60 become effective in order to effectuate Regulations is hereby amended in the Free fatty acid--______1------5. 25 Yeast and mold______2.65 the declared policy of the act is insuffi following respects : Proteolytic count______2. 65 cient, and a reasonable time is permit In § 82.3(a) the reference to Florida ted, under the circumstances, for prepa in the introductory paragraph and (e) Com soya milk: ration for such effective time; and good paragraph (a)(5) relating to Florida Sieve te st--______-______$2.10 cause exists for making the provisions are deleted. D ensity______. 80 hereof effective as hereinafter set forth. (Secs. 4-7, 23 Stat. 32, as amended; secs. 1 Hostwick—uncooked______2. 65 The committee held an open meeting and 2, 32 Stat. 791-792, as amended; secs. 1-4, Bostwick—cooked______5.25 during the current week, after giving due 33 Stat. 1264, 1265, as amended; secs. 3 and Protein (Kjeldahl)______.______5.25 notice thereof, .to consider supply and 11, 76 Stat. 130, 132; 21 U.S.C. 111-113, 115, Fat (Soxhlet)______3. 70 market conditions for lemons and the 117, 120, 121,' 123—126, 134b, 134f; 29 F.R. M oisture______1. 60 16210, as amended, 36 F.R. 20707) Crude fiber______7. 35 need for regulation; interested persons Flavor______.______. 55 were afforded an opportunity to submit Effective date. The foregoing amend information and views at this meeting; ment shall become effective upon The need for the increase in fees and the recommendation and supporting in issuance. the account thereof are dependent upon formation for regulation during the The amendment excludes a portion of the facts within the knowledge of the period specified herein were promptly Dade County, Fla., from the areas quar Consumer and Marketing Service. There submitted to the Department after such fore, pursuant to the Administrative Pro antined because of exotic Newcastle dis meeting was held; the provisions of this ease. Therefore, the restrictions pertain cedure Act (5 U.S.C. 553) it is found that section, including its effective time, are notices and other public procedure with ing to the interstate movement of poultry, identical with the aforesaid recommend mynah and psittacine birds, and birds of respect to this amendment are imprac ation of the committee, and information ticable and unnecessary and good cause all other species under any form of con concerning such provisions and effective finement, and their carcasses and parts is found for making the amendment ef time has been disseminated among han fective less than 30 days after its thereof, and certain other articles from dlers of such lemons; it is necessary, in or through quarantined areas, as con publication in the F ederal R egister. order to effectuate the declared policy tained in 9 CFR Part 82, as amended, This amendment shall become effec of the act, to make this section effective tive March 1, 1972, with respect to the will not apply to the excluded portion during the period herein specified; and of said county. No areas in Florida re inspection and grading service rendered compliance with this section will not re on and after that date. main under the quarantine. quire any special preparation on the part The amendment relieves certain re Done at Washington, D.C., this 22d of persons subject hereto which cannot strictions presently imposed but no long day of February 1972. be completed on or before the effective er deemed necessary to prevent the date hereof. Such committee meeting was spread of exotic Newcastle disease, and G. R . Grange, held on February 22,1972. Acting Administrator. must be made effective immediately to be (b) Order. (1) The quantity of lemonsof maximum benefit to affected persons. (FR Doc.72-2948 Filed 2-25-72;8:54 am] grown in California and Arizona which It does not appear that public participa may be handled during the period Feb tion in this rule making proceeding would ruary 27, through March 4,1972, is here make additional relevant information Chapter IX— Consumer and Market by fixed at 220,000 cartons. available to this Department. Accord ing Service (Marketing Agreements (2) As used in this section, “handled,” ingly, under the administrative procedure and Orders; Fruits, Vegetables, and “carton(s) ” have the same meaning provisions in 5 U.S.C. 553, it is found upon Nuts), Department of Agriculture as when used in the said amended mar good cause that notice and other public keting agreement and order. procedure with respect to the amend [Lemon Reg. 522] (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. ment are impracticable and unnecessary, PART 910— LEMONS GROWN IN 601-674) and good cause is found for making the CALIFORNIA AND ARIZONA Dated: February 23,1972. amendment effective less than 30 days after publication in the F ederal R eg Limitation of Handling P aul A. Nicholson, ister. Deputy Director, Fruit and Veg- § 910.822 Lemon Regulation 522. . etable Division, Consumer Done at Washington, D.C., this 23d (a) Findings. (1) Pursuant to the and Marketing Service. day of February 1972. marketing agreement, as amended, and [FR Doc.72-2946 Filed 2-25-72;8:54 am] F . J . Mulhern, Order No. 910, gis amended (7 CFR Part Administrator, 910; 36 F.R. 9061), regulating the han Animal and Plant Health Service. dling of lemons grown in California and Arizona, effective under the applicable [FR Doc.72-2050 Filed 2-25-72;8:54 am] provisions of the Agricultural Marketing Title 9— ANIMALS AND ANIMAL Agreement Act of 1937, as amended (7 U.S.C 601-674), and upon the basis of PRODUCTS Chapter III— Consumer and Marketing the recommendations and information Chapter I— Animal and Plant Health Service (Meat Inspection), Depart submitted by the Lemon Administrative Service, Department of Agriculture ment of Agriculture Committee, established under the said amended marketing agreement and or SUBCHAPTER C— INTERSTATE TRANSPORTATION PART 317— LABELING, MARKING der, and upon other available informa OF ANIMALS (INCLUDING POULTRY) AND AN DEVICES, AND CONTAINERS IMAL PRODUCTS tion, it is hereby found that the limita Labeling Requirements for Custom tion of handling of such lemons, as here PART 82— EXOTIC NEWCASTLE DIS Prepared Products inafter provided, will tend to effectuate EASE; AND PSITTACOSIS OR ORNI the declared policy of the act. THOSIS IN POULTRY On September 17,1971, there was pub (2) It is hereby further found that lished in the F ederal R egister (36 F.R. it is impracticable and contrary to the Areas Quarantined 18583; F.R. Doc. 71-13712) a notice that public interest to give preliminary notice, Pursuant to the provisions of sections the Department was considering *a pro engage in public rule making procedure, 1, 2, 3, and 4 of the Act of March 3, 1905, posal to amend § 317.16 of the Federal FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 RULES AND REGULATIONS 4071 meat inspection regulations (9 C!FR Part distinct groups of disqualifying condi tory or clinical diagnosis of any of the 317). tions. following: Statement of considerations. The pro Interested persons have been afforded (a) A personality disorder that is se posed amendment was to change the pro an opportunity to participate in the vere enough to have repeatedly mani visions of the regulations specifying re making of these amendments by a notice fested itself by overt acts. quirements for labeling custom processed of proposed rule making (Notice 71-30) (b) A psychosis. meat and meat food products prepared issued on September 28, 1971, and pub (Ó) Alcoholism. As used in this sec under an exemption from inspection un lished in the F ederal R egister on Octo tion, “alcoholism” means a condition in der the Act. ber 5, 1971 (36 F.R. 19396). Due consid which a person’s intake of alcohol is A period of 60 days was allowed for fil eration has been given to all comments great enough to damage his physical ing written data, views or arguments by presented in response to that notice. health or personal or social functioning, interested persons. The Department re Two public comments were received in or when alcohol has become a prere ceived 80 written comments, 78 of them response to the notice. Each was from quisite to his normal functioning. favoring the amendment, from various an aviation trade association, and each (d) Drug dependence. As used in this groups representing consumers, affected concurred in the proposed amendments. section, “drug dependence” means a industries, trade organizations and a As stated in the notice, a disparity has condition in which a person is addicted State government. existed »between the terminology used to or dependent on drugs other than After considering all information in the standards involving mental dis alcohol, tobacco, or ordinary caffedne- available to the Department, including orders and currently accepted psychiat contadning beverages, as evidenced by the comments received pursuant to the ric terminology. As a result, difficulty habitual use or a clear sense of need for notice, § 317.16 of the Federal meat in has existed in applying the latter termi the drug. spection regulations (9 CFR 317.16) is nology to these mental disabilities al (ii) No other personality disorder, sued under section 21 of the Federal though the basic definitions have neurosis, or mental condition that the Meat Inspection Act (21 U.S.C. 621) is remained essentially unchanged. To Federal Air Surgeon finds— hereby amended to read as follows: avoid the recurrence of these difficulties, (a) Makes the applicant unable to particularly in enforcement actions, and safely perform the duties or exercise § 317.16 Labeling and containers of to update the regulations, these amend the privileges of the airman certificate custom prepared products. ments revise the terminology describing that he holds or for which he is apply Products that are custom prepared un the mental requirements, as proposed ing; or der § 303.1(a) (2) of this subchapter must in the notice, to conform with the termi (b) May reasonably be expected, be packaged immediately after prepara nology generally used by specialists in within 2 years after the finding, to make tion and must be labeled (in lieu of in that branch of medicine as contained him unable to perform those duties or formation otherwise required by this in the Manual published by the Ameri exercise those privileges; Part 317) with the words “Not For Sale” can Psychiatric Association, “Diagnostic and the findings are based on the case in lettering not less than three-eighth and Statistical Manual of Mental Dis history and appropriate, qualified, medi inch in height. Such exempted custom orders (second edition 1968).” It is in cal judgment relating to the condition prepared products or their containers tended that use of that terminology will involved. may bear additional labeling provided reduce confusion and ambiguity in the (2) Neurologic, (i) No established such labeling is not false or misleading. use and application of psychiatric terms medical history or clinical diagnosis of by enumerating and defining disqualify The foregoing amendment relieves re either of the following: ing mental disorders in conformity with (a) Epilepsy. strictions heretofore contained in the the terminology used in the current Federal meat inspection regulations and (b) A disturbance of consciousness practice of psychiatry. without satisfactory medical explana shall become effective upon publication The proposed changes were reviewed in the F ederal R egister (2-26-72). tion of the cause. and approved by a committee of the (ii) No other convulsive disorder, dis Done at Washington, D.C., on Febru American Psychiatric Association, and turbance of consciousness, or neurologic ary 22, 1972. that committee indicated that the condition that the Federal Air Surgeon G. R . Grange, changes may be considered essentially finds— semantic. Acting Administrator. (a) Makes the applicant unable to [PR Doc.72-2949 Piled 2-25-72; 8:54 am] Additionally, as proposed, these safely perform the duties or exercise amendments separate “mental condi the privileges of the airman certificate tion” and “neurologic condition” under that he holds or for which he is apply the appropriate sections of Part 67 to ing; or Title 14— AERONAUTICS clarify the applicable standards, as well (b) May reasonably be expected, as to recognize a division in professional within 2 years after the finding, to make AND SPACE specialization in disorders of a mental him unable to perform those duties or or neurologic nature. It is anticipated exercise those privileges; Chapter I— Federal Aviation Adminis that this separation will also facilitate tration, Department of Transportation the gathering and analysis of statistical and the findings are based on the case information relating to airman appli history and appropriate, qualified, medi [Docket No. 11433, Amdt. 67-9] cants who have been issued or denied cal judgment relating to the condition PART 67— MEDICAL STANDARDS medical certificates where mental or involved. neurologic histories or conditions are AND CERTIFICATION ***** concerned. As the neurologic termi 2. Paragraph (d) of § 67.15 is Terminology and Separation of Dis nology previously used is acceptable, no amended to read as follows: change is made in the enumeration of qualifying Mental and Neurologic § 67.15 Second-class medical certificate. Conditions disqualifying neurologic disorders. In consideration of the foregoing, Part ***** The purpose of these amendments to 67 of the Federal Aviation Regulations (d) Mental and neurologic— (1) Part 67 of the Federal Aviation Regula is amended, effective April 26, 1972, as Mental, (i) No established medical his tions is (1) to revise the terminology follows: tory or clinical diagnosis of any of the used to denote mental and neurologic 1. Paragraph (d) of § 67.13 isfollowing: conditions that disqualify applicants for amended to read as follows: (a) A personality disorder that is se medical certificates, to conform with § 67.13 First-class medical certificate. vere enough to have repeatedly mani current usage in the medical profession; fested itself by overt acts. ***** and (2) to separate what have been (b) A psychosis. termed “nervous system” conditions into (d) Mental and neurologic— (1) Men (c) Alcoholism. As used in this sec mental and neurologic disorders as two tal. (i) No established medical his- tion, “alcoholism” means a condition in No. 89----- 2 FEDERAL REGISTER, V O L 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4072 RULES AND REGULATIONS which a person’s intake of alcohol is containing beverages, as evidenced by § 67.27 Denial of medical certificate. great enough to damage his physical habitual use or a clear sense of need for ***** health or personal or social function the drug. (b) * * * ing, or when alcohol has become a pre (ii) No other personality disorder, (3) By the Chief, Aeromedical Certifi requisite to his normal functioning. neurosis, or mental condition that the cation Branch, Civil Aeromedical Insti (d) Drug dependence: As used in ¿hisFederal Air Surgeon finds— tute, or a Regional Flight Surgeon is section, “drug dependence” means a con (a) Makes the applicant unable to considered to be a denial by the Adminis dition in which a person is addicted to safely perform the duties or exercise the trator under that section of the Act or dependent on drugs other than alco privileges of the airman certificate that where the applicant does not meet the hol, tobacco, or ordinary caffeine-con he holds or for which he is applying; or standards of § 67.13 (d) (1) (i), (d) (2) (i), taining beverages, as evidenced by habit (b) May reasonably be expected, (e)(1), or (f)(1), §67.15 (d)(l)(i), (d) ual use or a clear sense of need for the within 2 years after the finding, to (2) (i), (e), or (f)(1), or §67.17 (d) (1) drug. make him unable to perform those (i), (d) (2) (i), (e),or (f) (1). * * * duties or exercise those privileges; (ii) No other personality disorder, * * * * * neurosis, or mental condition that the and the findings are based on the case (Secs. 313(a), 601, 602, Federal Aviation Act Federal Air Surgeon finds— history and appropriate, qualified, medi of 1958; 49 U.S.C. 1354(a), 1421, 1422; sec. (a) Makes the applicant unable to cal judgment relating to the condition 6 (c), Department of Transportation Act; 49 safely perform the duties or exercise the involved. U.S.C. 1655(c)) privileges of the airman certificate that (2) Neurologic, (i) No established he holds or for which he is applying; or Issued in Washington, D.C., on Febru medical history or clinical diagnosis of ary 14, 1972. (b) May reasonably be expected, With either of the following: in two years after the finding, to make J. H. S haffer, (a) Epilepsy. Administrator. him unable to perform those duties or (b) A disturbance of consciousness exercise those privileges; without satisfactory medical explana [FR Doc.72-2847 Filed 2-25-72;8:47 amj and the findings are based on the case tion of the cause. history and appropriate, qualified, med (ii) No other convulsive disorder, dis [Airspace Docket No. 71-WE-51] ical judgment relating to the condition turbance of consciousness, or neurologic involved. condition that the Federal Air Surgeon PART 71 — DESIGNATION OF FEDERAL (2) Neurologic, (i) No establishedfinds— AIRWAYS, AREA LOW ROUTES, medical history or clinical diagnosis of (a) Makes the applicant unable to CONTROLLED AIRSPACE, AND RE either of the following: safely perform the duties or exercise the PORTING POINTS (a) Epilepsy. privileges of the airman certificate that (b) A disturbance of consciousness he holds or for which he is applying; or Alteration of Federal Airway without satisfactory medical explanation (b) May reasonably be expected, Segments of the cause. within 2 years after the finding, to make (ii) No other convulsive disorder, dis him unable to perform those duties or On December 9, 1971, a notice of pro turbance of consciousness, or neurologic exercise those privileges; posed rule making was published in the condition that the Federal Air Surgeon and the findings are based on the case F ederal R egister (36 F.R. 23398) stat finds— history and appropriate, qualified, medi ing that the Federal Aviation Adminis (a) Makes the applicant unable to cal judgment relating to the condition tration was considering amendments to safely perform the duties or exercise the involved. Part 71 of the Federal Aviation Regula privileges of the airman certificate that * * * * * tions that would alter segments of VOR he holds or for which he is applying; or 4. The first sentence in paragraph (d) Federal airway Nos. 135 and 137. (b) May reasonably be expected, with of § 67.19 is amended to read as follows: in two years after the finding, to make Interested persons were afforded an "him unable to perform those duties or § 67.19 Special issue: operational limi opportunity to participate in the pro exercise those privileges; tations. posed rule making through the submis * * * * * and the findings are based on the case sion of comments. All comments received history and appropriate, qualified, medi (d) Except for air traffic control were favorable. cal judgment relating to the condition tower operators, this section does not In consideration of the foregoing, Part involved. apply to an applicant who fails to meet 71 of the Federal Aviation Regulations is the requirements of §67.13 (d)(l)(i), * * * * * (d) (2) (i), (e)(1), or (f)(1), §67.15 amended, effective 0901 G.m.t., April 27, 3. Paragraph (d) of § 67.17 is amended(d)(1) (i), (d) (2) (i), (e), or (f)(1), or 1972, as hereinafter set forth. to read as follows: §67.17 (d)(1) (1), (d) (2) (i), (e), or Section 71.123 (37 F.R. 2009) is amend § 67.17 Third-class medical certificate. (f)(1 ). * * * ed as follows: ***** ♦ * * * * a. in V-135 “to Tonopah.” is deleted (d) Mental and neurologic— (1) Men 5. The second sentence in paragraph and “to Tonopah, excluding the airspace tal. (i) No established medical history (b) of § 67.25 is amended to read as above 9,000 feet MSL between Yuma and or clinical diagnosis of any of the fol follows: Parker.” is substituted therefor. lowing: § 67.25 Delegation of authority. b. In V-137 “Salinas, Calif.” is deleted (a) A personality disorder that is se * * * * * and “Salinas, Calif., excluding the air vere enough to have repeatedly mani fested itself by overt acts. (b) * * * Except where the applicant space above 7,000 feet MSL, between Im (b) A psychosis. does not meet the standards of § 67.13 perial and the intersection of the Ther (d) (1) (i), (d) (2) (i), (e)(1), or (f)(1 ), mal 122° and the Julián, Calif., 055° rad (c) Alcoholism: As used in this sec §67.15 (d) (1) (i), (d) (2) (i), (e), or (f) tion, “alcoholism” means a condition in (1), or § 67.17 (d) (1) (i), Cd) (2) (i) , (e), iáis.” is substituted therefor. which a person’s intake of alcohol is great or (f)(1), any action taken under this (Sec. 307(a), Federal Aviation Act of 1958, enough to. damage his physical health 49 U.S.C. 1348(a); sec. 6 (c), Department of or personal or social functioning, or paragraph other than by the Federal Air Transportation Act, 49 U.S.C. 1655(c)) Surgeon is subject to reconsideration by when alcohol has become a prerequisite Issued in Washington, D.C., on Febru to his normal functioning. the Federal Air Surgeon. * * * ary 17, 1972. (d) Drug dependence: As used in this ***** H. B. H elstrom, section, “drug dependence” means a 6. The first sentence in paragraph (b) , Chief, Airspace and Air condition in which a person is addicted Traffic Rules Division. to or dependent on drugs other than (3) of § 67.27 is amended to read as fol alcohol, tobacco, or ordinary caffeine- lows: [FR Doc.72-2858 Filed 2-25-72; 8:46 am] FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 RULES AND REGULATIONS 4073 [Airspace Docket No. 71-SW-64] (Sec. 307(a), Federal Aviation Act of 1958, Interested persons were afforded an 49 U.S.C. 1348(a); sec. 6 (c), Department of opportunity to participate in the pro PART 71— DESIGNATION OF FEDERAL Transportation Act, 49 U.S.O. 1665(c) ) AIRWAYS, AREA LOW ROUTES, posed rule making through the submis Issued in Washington, D.C., on sion of comments. No comments were CONTROLLED AIRSPACE, AND RE February 17,1972. received. PORTING POINTS A portion of the narrative description H. B . H elstrom, of the Big Delta, Alaska, transition area Designation of Federal Airway Chief, Airspace and Air was inadvertently omitted in the pub Segment Traffic Rules Division. lished NPRM. The map depiction as dis On December 8, 1971, a notice of pro [FR Doc.72-2864 Filed 2-25-72;8:46 am] tributed was correct. This oversight in posed rule making was published in the description of the controlled airspace F ederal R egister (36 F.R. 23312) stating [Airspace Docket No. 71-AL-18] was minor in nature with no substantial that the Federal Aviation Administration change in the overall airspace proposal. was considering an amendment to Part PART 71— DESIGNATION OF FEDERAL It is therefore determined that this cor 71 of the Federal Aviation Regulations AIRWAYS, AREA LOW ROUTES, rected description would impose no addi that would designate VOR Federal air CONTROLLED AIRSPACE, AND RE tional burden on any person and fur way No. 102 south alternate. PORTING POINTS ther notice and public procedure hereon Interested persons were afforded an are unnecessary. opportunity to participate in the pro Alteration of Control Zone and In consideration of the foregoing, posed rule making through the sub Transition Area Part 71 of the Federal Aviation Regula mission of comments. All comments tions is amended effective 0901 G.m.t., received were favorable. On December 10, 1971, a notice of April 27, 1972, as hereinafter set forth. In consideration of the foregoing, Part proposed rule making was published in In 71.171 (37 F.R. 2056) the Big Delta, 71 of the Federal Aviation Regulations the F ederal R egister (36 F.R. 23576) Alaska, control zone is amended to com is amended, effective 0901G.m.t., April 27, stating that the Federal Aviation Ad prise that airspace within a 5-mile radius 1972, as hereinafter set forth. ministration proposed amendments to of the Allen AAF, Fort Greeley, Alaska In §71.123 (37 F.R. 2009) V-102 is Part 71 of the Federal Aviation Regula (latitude 63°59'37" N., longitude 145°43' amended by deleting all before “Hobbs, tions that would alter the Betties, 08” W.) and within 4.5 miles each side N. Mex.;” and substituting “From Salt Alaska, terminal airspace structure. of the Big Delta VORTAC 040° radial ex Flat, Tex., via Carlsbad, N. Mex., includ Interested persons were afforded an tending from the 5-mile-radius zone to 11 ing a south alternate via INT Salt Flat opportunity to participate in the pro miles northeast. This control zone is ef 085° and Carlsbad 220° radials;” posed rule making through the submis fective from 0600 to 2200 local time daily, therefor. sion of comments. No comments were or during the specific dates and times es received. tablished in advance by Notice to Air (Sec. 307(a), Federal Aviation Act of 1958, In consideration of the foregoing, Part 49 U.S.C. 1348(a); sec. 6 (c), Department of men. The effective date and time will Transportation Act, 49 U.S.C. 1655(c)) 71 of the Federal Aviation Regulations thereafter be continuously published in is amended effective 0901 G.m.t., April the Flight Information Publication Sup Issued in Washington, D.C., on 27, 1972, as hereinafter set forth. plement Alaska. February 17,1972. 1. In § 71.171 (37 F.R. 2056) the Betties control zone is amended to read: In 71.181 (37 F.R. 2143) the Big Delta, H. B. H elstrom, Alaska, transition area, is amended to C hief, Airspace and Air B ettles, Alaska comprise that airspace extending upward Traffic Rules Division. Within a 5-mile radius of the Betties Air from 700 feet above the surface within [FR Doc.72-2856 Filed 2-25-72;8:46 am) port (latitude 66°54'57" N., longitude 9.5 miles each side of the Big Delta 151°31'31'' W .); within 4 miles each side of VORTAC 220° and 040° radials extending the Betties RBN 214° bearing extending from 2 miles southwest to 18.5 miles [Airspace Docket No. 71-SO-177] from the 5-mile-radius zone to 8.5 miles northeast of the Big Delta VORTAC; southwest of the RBN; and within 3 miles PART 71— DESIGNATION OF FEDERAL each side of the Betties VORTAC, 227° radial and within a 16.5-mile radius of the Big AIRWAYS, AREA LOW ROUTES, extending from the 5-mile-radius zone to Delta VORTAC extending clockwise from CONTROLLED AIRSPACE, AND RE 9.5 miles southwest of the VORTAC. the 309° radial to the 006° radial. PORTING POINTS (Sec. 307(a), Federal Aviation Act of 1958, (Sec. 307(a), Federal Aviation Act of 1958, 49 U.S.C. 1348(a); sec. 6 (c), of Department 49 U.S.C. 1348(a); sec. 6 (c), Department of Revocation of Federal Airway of Transportation Act, 49 U.S.C. 1655(c) ) Transportation Act, 49 U.S.C. 1655(c)) Segment Issued In Anchorage, Alaska, on Feb Issued in Anchorage, Alaska, on Feb On December 17, 1971, a notice of ruary 14, 1972. ruary 14, 1972. proposed rule making was published in J ack. G. W ebb, J ack G. W ebb, the F ederal R egister (36 F.R. 24007) Director, Alaskan Region. Director, Alaskan Region. stating that the Federal Aviation Admin [FR Doc.72-2853 Filed 2-25-72;8:46 am] [FR Doc.72-2848 Filed 2-25-72;8:45 am] istration was considering an amendment to Part 71 of the Federal Aviation Regu lations that would revoke VOR Federal [Airspace Docket No. 71-AL-12] [Airspace Docket No. 71-AL-14] airway No. 243 west alternate segment PART 71— DESIGNATION OF FEDERAL PART 71— DESIGNATION OF FEDERAL between Jacksonville, Fla., and Waycross, AIRWAYS, AREA LOW ROUTES, Ga. AIRWAYS, AREA LOW ROUTES, CONTROLLED AIRSPACE, AND RE Interested persons were afforded an CONTROLLED AIRSPACE, AND RE opportunity to participate in the pro PORTING POINTS PORTING POINTS posed rule making through the submis Alteration of Control Zone and sion of comments. All comments received Alteration of Control Zone and were favorable. Transition Area Transition Area In consideration of the foregoing, Part On December 7, 1971, a notice of pro On December 10,1971, a notice of pro 71 of the Federal Aviation Regulations is posed rule making was published in the posed rule making was published in the amended, effective 0901 G.m.t., April 27, F ederal R egister (36 F.R. 23238) stating F ederal R egister (36 F.R, 23577) stating 1972, as hereinafter set forth. that the Federal Aviation Administra In § 71.123 (37 F.R. 2009) V-243 is that the Federal Aviation Administra amended by deleting all between “Way- tion proposed amendments to Part 71 of tion proposed amendments to Part 71 of cross, Ga., 126° radials;” and “Vienna, the Federal Aviation Regulations that the Federal Aviation Regulations that Ga.,” and substituting “Waycross;” would alter the Big Delta, Alaska, ter would alter the Fort Yukon, Alaska, ter therefor. minal airspace structure. minal airspace structure. FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4074 RULES AND REGULATIONS McGrath, Alaska Interested persons were afforded an 1. In § 71.171 (37 FJR. 2056) the Fare opportunity to participate in the pro well control zone is amended to read: That airspace extending upward from 700 feet above the surface within 5 miles posed rule making through the submis F arewell, Alaska northeast and 3 miles southwest of the Mc sion of comments. No comments were That airspace within a 5-mile radius of Grath VORTAC 123° radial extending from received. Farewell Airport (latitude 62°30'30'' N., the control zone extension to 12.5 miles In consideration of the foregoing, Part longitude 153.°52'30" W.) and within 3.5 southeast of the VORTAC; tithin ' 4 miles 71 of the Federal Aviation Regulations is miles each side of the Farewell RR north each side of the McGrath VORTAC 008° amended effective 0901 G.m.t.f April 27, west course extending from the 5-mile- radial extending from the control zone ex 1972, as hereinafter set forth. radius zone to 8.5 miles northwest of the RR. tension to 14.5 miles north of the VORTAC; 1. In § 71.171 (37 F.R. 2056), the Fort This control zone is effective from 0745 to and that airspace extending upward from Yukon control zone is amended to read: 1545 local time daily, or during the specific 1,200 feet above the surface within a 21.5- dates and times established in advance by mile radius of the McGrath VORTAC extend F ort Y u ko n , Alaska Notice to Airmen. The effective date and time ing clockwise from the 344° radial to the 236* Within a 5-mile radius of Fort Yukon will thereafter be continuously published in radial of the VORTAC; within a 12-mile the Flight Information Publication Supple Municipal Airport (latitude 66°34'16" N., radius of the McGrath VORTAC extending longitude 145°14'59" W.) and within 3 miles ment Alaska. clockwise from the 236° radial to the 344° south and 4.5 miles north of the Fort Yukon radial of the VORTAC; and within 9.5 miles 2. In § 71.181 (37 F.R. 2143) the Fare east and 4.5 miles west of the McGrath VOR 076° radial extending from the 5-mile-radius well transition area is amended to read: zone to 10.5 miles east of the Fort Yukon TAC 008° radial extending from the 21.5- VORTAC and within 3 miles each side of the F arewell, Alaska mile-radius area to 23 miles north of the VORTAC. Fort Yukon VORTAC 214° radial extending That airspace extending upward from 1,200 from the 5-mile-radius zone to 8.5 miles feet above the surface within 9.5 miles north (Sec. 307(a), of Federal Aviation Act of 1958, southwest of the VORTAC. This control zone east and 5 miles southwest of the Farewell 49 U.S.C. 1348(a); sec. 6 (c ), of Department of is effective from 0800 to 1700 local time daily RR southeast and northwest courses extend Transportation Act, 49 U.S.C. 1655(c)) except Sunday: or during the specific days ing from 6 miles southeast to 18.5 miles and times established in advance by Notice to northwest of the RR. Issued in Anchorage, Alaska,. on Feb Airmen. The effective times will thereafter ruary 14, 1972. be continuously published in the Flight In (Sec. 307(a), Federal Aviation Act of 1958, J ack G. W ebb, formation Publication Supplement Alaska. 49 U.S.C. 1348(a); sec. 6 (c), Department of Transportation Act, 49 U.S.C. 1655(c)) Director, Alaskan Region. 2. In § 71.181 (37 F.R. 2143), the Fort Yukon transition area is amended to Issued in Anchorage, Alaska, on Feb [FR Doc.72-2851 Filed 2-25-72;8:46 am] read: ruary 14,1972. F ort Y u kon , Alaska J ack G. W ebb, [Airspace Docket No. 71-AL-13] That airspace extending upward from 700 Director, Alaskan Region. feet above the surface within a 5-mile radius . [FR Doc.72-2852 Filed 2-25-72;8:46 am] PART 71— DESIGNATION OF FEDERAL of Fort Yukon Municipal Airport (latitude AIRWAYS, AREA LOW ROUTES, 66°34'16" N., longitude 145*14*59" W.) and CONTROLLED AIRSPACE, AND . RE within 3 miles south and 4.5 miles north of [Airspace Docket No. 71-AL-i16] - Fort Yukon 076° radial extending from the PORTING POINTS PART 71—-designation o f f ed er a l 5-mile-radius area to 10.5 miles east of the Alteration of Control Zone and Fort Yukon VORTAC and within 3 miles AIRWAYS, AREA LOW ROUTES, Transition Area each side of the Fort Yukon VORTAC 214° CONTROLLED AIRSPACE, AND RE radial extending from the 5-mile-radius area to 8.5 miles southwest of the VORTAC. PORTING POINTS On December 10, 1971, a notice of proposed rule making was published in (Sec. 307(a), Federal Aviation Act of 1958, Alteration of Control Zone and the F ederal R egister (36 F.R. 23578) 49 U.S.C. 1348(a); sec. 6 (c), Department of Transition Area stating that the Federal Aviation Ad Transportation Act. 49 U.S.C. 1655(c)) ministration proposed amendments to Issued in Anchorage, Alaska, on Feb On December 10,1971, a notice of pro Part 71 of the Federal Aviation Regu ruary 14,1972. posed rule making was published in the lations that would alter the Nenana, F ederal R egister J ack G. W ebb, (36 F.R. 23578) stating Alaska, terminal airspace structure. Director, Alaskan Region. that the Federal Aviation Administration proposed amendments to Part 71 of the Interested persons were afforded an [FR Doc.72-2850 Filed 2-25-72; 8:46 am] Federal Aviation Regulations that would opportunity to participate in the pro alter the McGrath, Alaska, terminal air posed rule making through the submis sion of comments. No comments were [Airspace Docket No. 71-AL-17] space structure. Interested persons were afforded an received. PART 71— DESIGNATION OF FEDERAL opportunity to participate in the pro In consideration of the foregoing, Part AIRWAYS, AREA LOW ROUTES, posed rule making through the submis 71 of the Federal Aviation Regulations is sion of comments. No comments were amended effective 0901 G.m.t., April 27, CONTROLLED AIRSPACE, AND RE 1972, as hereinafter set forth. PORTING POINTS received. In consideration of the foregoing, Part In § 71.171 (37 F.R. 2056) the Nenana, Alteration of Control Zone and 71 of the Federal Aviation Regulations is Alaska, control zone is amended to com Transition Area amended effective 0901 G.m.t., April 27, prise that airspace within a 5-mile radius 1972, as hereinafter set forth. of the Nenana Airport (latitude 64°32' On December 10, 1971, a notice of pro 1. In § 71.171 (37 F.R. 2056) the Mc 56" N., longitude 149°04'24" W .); and posed rule making was published in the Grath control zone is amended to read: within 4 miles each side of the Nenana F ederal R egister (36 F.R. 23577) stating RR southeast course extending from the that the Federal Aviation Administration McGrath, Alaska 5-mile-radius zone to 8.5 miles south proposed amendments to Part 71 of the That airspace within a 5-mile radius of the east of the RR. This control zone is Federal Aviation Regulations that would McGrath Airport (latitude 62°75'15'' N., effective from 0545 to 2145 local time alter the Farewell, Alaska, terminal air longitude 155°36'06" W.) and within 5 miles daily, or during the specific days and space structure. northeast and 3 miles southwest of the Mc times established in advance by Notice Interested persons were afforded an Grath VORTAC 123° radial extending from to Airmen: The effective time will there the 5-mile-radius zone to 10 miles southeast opportunity to participate in the pro of the VORTAC; and within 4 miles each side after be continuously published in the posed rule making through the submis of the McGrath VORTAC 008° radial extend Flight Information Publication Supple sion of comments. No comments were ing from the 5-mile-radius zone to 18 miles ment Alaska. received. north of the VORTAC. In § 71181 (37 F.R. 2143) the Nenana, In consideration of the foregoing, Part 2. In § 71.181 (37 F.R. 2143) the Mc Alaska, transition area is amended to 71 of the Federal Aviation Regulations is comprise that airspace extending upward amended effective 0901 G.m.t., April 27, Grath transition area is amended to [ 1972, as hereinafter set forth. read: from 700 feet above the surface within FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 RULES AND REGULATIONS 4075 a 5-mile radius of Nenana Airport (lati Since this amendment is minor in na movement and control of transborder tude 64°32'56" N.f longitude 149°04'24" ture, notice and public procedure thereon IFR air traffic. It is anticipated that a W.) ; and within 4 miles each side of the are unnecessary. However, since it is very low volume of traffic will be proc Nenana RR southeast course extending necessary that sufficient time be allowed essed on these proposed routes. The FAA from the 5-mile-radius area to 10.5 miles to permit appropriate changes to be is of the opinion that the limited volume southeast of the RR. made on aeronautical charts, this of IFR traffic which will be cleared via (Sec. 307(a), Federal Aviation Act of 1958, amendment will become effective more the proposed routes by air traffic con 49 UJS.C. 1348(a); sec. 6 (c), Department of than 30 days after publication. trol should cause no adverse effect to the Transportation Act, 49 U.S.C. 1655(c)) In consideration of the foregoing, Part Air Force training and refueling activ 71 of the Federal Aviation Regulations ities. Issued in Anchorage, Alaska, on Feb In consideration of the foregoing, ruary 14, 1972. is amended, effective 0901 G.m.t., April 27, 1972, as hereinafter set forth. Parts 71 and 75 of the Federal Aviation J ack G. W ebb, Regulations are amended, effective 0901 Director, Alaskan Region. In § 71.203 (37 F.R. 2311) “Pinon, N. Mex.” is added. G.m.t., April 27, 1972, as hereinafter set [FR Doc.72-2849 Filed 2-25-72;8:46 am] forth. (Sec. 307(a), Federal Aviation Act of 1958, 1. Section 71.123 (37 F.R. 2009) is 49 U.S.C. 1348(a); sec. 6 (c), Department of amended by adding the following: [Airspace Docket No. 71-SO-187] Transportation Act, 49 U.S.C. 1655(c)) a. V-346 From St. Georges, Quebec, PART 71— DESIGNATION OF FEDERAL Issued in Washington, D.C., on Feb Canada, to Millinocket, Maine, exclud AIRWAYS, AREA LOW ROUTES, ruary 17,1972. ing the portion within Canada. CONTROLLED AIRSPACE, AND RE H. B. H elstrom, b. V-352 From St. Georges, Quebec, Chief, Airspace and Air Canada, to Houlton, Maine, excluding PORTING POINTS Traffic Rules Division. the portion within Canada. Designation of Transition Area [FR Doc.72-2857 Filed 2-25-72;8:46 am] 2. Section 75.100 (37 FJEt. 2382) is amended by adding the following: On January 8, 1972, a notice of pro Jet Route No. 552 (St. Georges, Quebec, posed rule making was published in the [Airspace Docket No. 71-WA—34] Canada, to Port Menier, Quebec, Canada) F ederal R egister (37 F.R. 287), stating from St. Georges, Quebec, Canada, to Port that the Federal Aviation Administration pa r t 71— designation o f f ed er a l Menier, Quebec, Canada, RBN, excluding the was considering an amendment to Part AIRWAYS, AREA LOW ROUTES, portion within Canada. 71 of the Federal Aviation Regulations CONTROLLED AIRSPACE, AND RE (Sec. 307(a), Federal Aviation Act of 1958, that would designate the Roanoke Rap PORTING POINTS 49 U.S.C. 1348(a); sec. 6(c), Department of ids, N.C., transition area. Transportation Act, 49 U.S.C. 1655(c)) Interested persons were afforded an PART 75— ESTABLISHMENT OF JET Issued in Washington, D.C., on Feb opportunity to participate in the rule ROUTES AND AREA HIGH ROUTES making through the submission of com ruary 17,1972. ments. All comments received were favor Designation of Federal Airway and H. B. H elstrom, able. Jet Route Segments Chief, Airspace and Air In consideration of the foregoing, Part Traffic Rules Division. 71 of the Federal Aviation Regulations is On November 23, 1971, a notice of [FR Doc.72-2863 Filed 2-25-72;8:47 am] amended effective 0901 G.m.t., April 27, proposed rule making was published in the F ederal R egister (36 F.R. 22241) 1972, as hereinafter set forth. [Airspace Docket No. 72-SO-5] In §71.181 (37 F.R. 2143), the fol stating that the Federal Aviation Ad lowing transition area is added: ministration was considering amend PART 73— SPECIAL USE AIRSPACE ments to Parts 71 and 75 of the Federal R oanoke R apids, N.C. Aviation Regulations that would desig Alteration of Restricted Area That airspace extending upward from 700 nate segments to VOR Federal airway feet above the surface within a 7-mile radius Nos. 352, 346, and Je t Route No. 552. The purpose of these amendments to of Halifax County Airport (lat. 36°26'29" N., Part 73 of the Federal Aviation Regula Interested persons were afforded an tions is to reduce the designated alti long. 77°43'00" W .). opportunity to participate in the pro (Sec. 307(a), Federal Aviation Act of 1958, tudes of the Lake George, Fla., posed rule making through the submis Restricted Area R-2907 and Pinecastle, 49 U.S.C. 1348(a); sec. 6 (c), Department of sion of comments. Comments were re Transportation Act, 49 U.S.C. 1655(c)) Fla., Restricted Area R-2910. ceived from the Department of the Air The Department of the Navy has con Issued at East Point, Ga., on Febru Force. curred in the proposal to lower the desig ary 15, 1972. The comments received from the Mili nated altitudes of R-2907, and R-2910 to J ames G. R ogers, tary Airlift Command, Westover Air flight level 230. Director, Southern Region. Force Base; 20th Air Division; 9th Air Since these amendments restore air [FR Doc.72-2855 Filed 2-25-72;8:46 am] Force; 21st Air Force; and the Air Force space to the public use and relieve a Reserve interposed no objections to the restriction, notice and public procedure proposed designations. The comments thereon are unnecessary, and good cause [Airspace Docket No. 72-SW -2] received from the 2d Air Force and the exists for making these amendments ef PART 71—-DESIGNATION OF FEDERAL 21st Air Division objected to the pro fective on less than 30-days notice. AIRWAYS, AREA LOW ROUTES, posals. They contend that the airway In consideration of the foregoing, Part and Jet Route segments would lie across 73 of the Federal Aviation Regulations CONTROLLED AIRSPACE, AND RE four refueling areas and would have an is amended, effective upon publication PORTING POINTS adverse impact on training activities in the F ederal R egister (2-26-72) as Designation of Reporting Point conducted in the areas of concern. The hereinafter set forth. 2d Air Force stated that they would with ■ Section 73.29 (37 F.R. 2344) is The purpose of this amendment to draw their objection to the proposals if amended as follows: Part 71 of the Federal Aviation Regula they could obtain assurance that the pro a. In R-2907, Lake George, Fla., Sub- tions is to designate a reporting point posals will pot adversely affect training area A, the Designated Altitudes is al at Pinon, N. Mex. and operational requirements. The 21st tered by deleting “Surface to FL 240.” A position report is needed to assist Air Division recommended consideration and substituting “Surface to FL 230” in the control of aircraft entering or be given to locating any additional air therefor. leaving the terminal areas at El Paso, routes, if needed, to the north of pro b. In R-2910, Pinecastle, Fla., the Tex., and Roswell, N. Mex.- Therefore, posed alignment of J-552. Designated Altitudes is altered by de action is taken herein to designate Pinon, The proposed airway and Je t Route leting “Surface to FL 240” and substi N. Mex., as a reporting point. segments are designed to provide for the tuting “Surface to FL 230” therefor. FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4076 RULES AND REGULATIONS (Sec. 307(a), Federal Aviation Act of 1958, Since these amendments will relieve Waypoint name North Lat./ Reference 49 U.S.C. 1348(a); sec. 6(c), Department of a burden on the public by extending West Long. facility Transportation Act, 49 U.S.C.1655(c)) joint-use of the areas for an indefinite Issued in Washington, D.C., on Feb period of time, notice and public proce J981R Los Angeles, Calif., to Washington, D.C. ruary 17,1972. dure hereon are unnecessary and may be Seal Beach, Calif. 33o47'00"/118°03,14" Oceanside, H. B . Helstrom, made effective upon publication in the Calif. C hief, Airspace and Air F ederal R egister. Parker, C a lif..... 34o06'07'7114o40'53" Needles, Calif. In consideration of the foregoing, Part Prescott, Ariz___ 34°42'09"/112°28,46" Phoenix, Ariz. Traffic Rules Division. Two Wells, St. Johns, [FR Doc.72-2860 Filed 2-25-72; 8:47 am] 73 of the Federal Aviation Regulations is N. Mex- Ariz. amended, effective upon publication in Torreón, N. Mex. 35°41'34"/107°03,49" Albuquerque, N. Mex. the F ederal R egister (2-26-72), as here Springer, N. Mex. 36°15'07"/104o46'52" Las Vegas, [Airspace Docket No. 72-GIr-10] inafter set forth. N. Mex. Sofia, N. Mex. . . . 36o25'38"/104°01'41" Tucumcari, Section 73.51 (37 F.R. 2361) is amended N. Mex, PART 73— SPECIAL USE AIRSPACE as follows: Larrabee, K ans.. 37o10,36,71Ô0o29,46,, Garden City, a. In R-5107F, White Sands Proving Kans. Alteration of Restricted Area Wichita, K an s.... 37o43'40"/97o27'll" Pioneer, Okla. Grounds, N. Mex., the Time of Designa Tightwad, M o.... 38°21'43'793o34'00" Springfield, The purpose of this amendment is to tion is altered by deleting “from August Mo. Hawk, Mo . 1 ... .. 38°42'35"/90o55'59" Farmington, change the name and using agency of 19, 1971, to May 23, 1972.” Mo. the Camp Atterbury, Ind., Restricted b. In R-5107G, White Sands Proving Marine, 111...... 38°43'46'789°61'54", Capital, 111. Area R-3401. Grounds, N. Mex., the Time of Designa SparksvlUe, Ind... 38°46'02'786o22'34" Indianapolis, Ind. Camp Atterbury, Ind., R-3401 has been tion is altered by deleting “from August Saint Paul, K y ... 38°42'02'782°53'43'' Charlestown, discontinued as a Department of the 19,1971, to May 23,1972.” W. Va. Front Royal, Va.. 39o05'26'778°12'02" Casanova, Va. Army installation and has been changed (Sec. 307(a), Federal Aviation Act of 1958, to the Atterbury Reserve Forces Training 49 U.S.C. 1348(a); sec. 6(c), Department of J983R Miami, F la., to New Orleans, L a. Area under the jurisdiction of the Ad Transportation Act, 49 U.S.C. 1655(c)) Hialeah, Fla...... 26°11,22'780°42,24" Vero Beach, jutant General of Indiana. There is no Fla. change to the activities conducted within Issued in Washington, D.C., on Febru Sarasota, Fla...... 27°23'51,782°33,16" Sarasota, Fla. ary 17, 1972; Neptune, L a____ 28°36'40"/87°38'36" Crestview, the restricted area. Fla. Since this amendment is editorial in H. B . H elstrom, New Orleans, La. 30o01,47'790o10,20,, New Orleans, nature and no substantive change in the Chief, Airspace and Air La. Traffic Rules Division. regulation is effected, notice and public J984R Houston, T e x ., to Miami, F la. [FR Doc.72-2861 Filed 2-25-72;8:47 am] procedure thereon are unnecessary. Humble, Tex.;___29°57'24'795o20'44" Houston, Tex.' In consideration of the foregoing, Part Leeville, La______29°10'30"/90°06'14" ' Leeville, La. Neptune, L a____28o36'40"/87o38'36', Grestview, 73 of the Federal Aviation Regulations is [Airspace Docket No. 71-WA-20A] Fla. amended, effective upon publication in Sarasota, Fla_____27°23'S1'782°33'16" Sarasota, Fla. the F ederal R egister (2-26-72), as here PART 75— ESTABLISHMENT OF JET Reptile, Fla______26°10'36'781o06'53" Palm Beach, inafter set forth. ROUTES AND AREA HIGH ROUTES Fla. J985R San Antonio, T e x ., to Phoenix, Ar k . In § 73.34 (37 F.R. 2353) the Camp At Designation of Area High Routes terbury, Ind., Restricted Area R-3401 is San Antonio, 29o38,38"/98o27'40', Austin, Tex. amended by changing the name of the On June 5, 1971, a notice of proposed Telegraph, T ex... 30°06'45,7100°00'31" Junction, Tex. area from “Camp Atterbury, Ind.,” to rule making (NPRM) was published in Ft. Stockton, 30°57'07'7102°58'31" Wink, Tex. “Atterbury Reserve Forces Training the F ederal R egister (36 F.R. 10984) Toyaii, T e x ...... 31°31'23'7104°03,00" Wink, Tex. Area, Ind.” and changing the using stating that the Federal Aviation Admin Organ, N. M ex... 32°14'48'7106o52'20" Truth or Con agency from “Commanding Officer, Camp istration was considering an amendment sequences, Atterbury, Ind.” to “Adjutant General, N. Mex. to Part 75 of the Federal Aviation Regu Sheldon, Ariz___ 32°47'55'7109°05'10" San Simon, State of Indiana, Indianapolis, Ind.” lations that would designate six area Ariz. (Sec. 307(a) , Federal Aviation Act of 1958, 49 high routes in the United States (J982R, Phoenix, Ariz___ 33026'53'7111053'17" Phoenix, Ariz. U.S.C. 1348(a); sec. 6(c), Department of J980R, J981R, J983R, J984R, and J985R). Transportation Act, 49 U.S.C. 1655(c)) J982R was designated, effective Janu (Sec. 307(a), Federal Aviation Act of 1958, 49 U.S.C. 1348(a); sec. 6 (c), Department of Issued in Washington, D.C., on Febru ary 6, 1972. The proposal to designate Transportation Act, 49 U.S.C. 1655(c)) J980R (Los Angeles, Calif., to St. Louis, ary 17, 1972. Issued in Washington, D.C., on Febru H. B. H elstrom, Mo.) as an area high route is hereby Chief, Airspace and Air withdrawn since it is coincident with ary 16, 1972. Traffic Rules Division. J981R (Los Angeles, Calif., to Washing H. B . Helstrom, ton, D.C.) west’ of St. Louis, Mo. Chief, Airspace and Air [FR Doc.72-2859 Filed 2-25-72;8:47 am] The other four routes (J981R, J983R, Traffic Rules Division. J984R, and J985R) are designated [FR Doc.72-2862 Filed 2-25-72;8:47 am] [Airspace Docket No. 72-SW-5] herein. Minor adjustments are made to some waypoint descriptions, and some of PART 73— SPECIAL USE AIRSPACE the reference facilities are changed from Alteration of Restricted Area those proposed in the notice to provide Title 19— CUSTOMS DUTIES better signal coverage. Slight' adjust The purpose of these amendments to ments are made to the southeastern seg Chapter I— Bureau of Customs, Part 73 of the Federal Aviation Regula ments of J983R and J984R in order Department of the Treasury tions is to extend the time of designa to conform to revised terminal area [T.D. 72-66] tion of the White Sands Proving procedures. Grounds, N. Mex., R-5107F and the Since these changes are minor in PART 1— GENERAL PROVISIONS White Sands Proving Grounds, N. Mex., nature and no substantive change in the Customs Agency Service Offices R-5107G as joint-use airspace restricted regulations is effected, notice and public areas for an indefinite period of time. procedure thereon are unnecessary. In order to facilitate and improve en The restricted areas were changed In consideration of the foregoing, Part forcement, it is desirable to activate a from sole-use to joint-use restricted 75 of the Federal Aviation Regulations Customs Agency Service suboffice at is amended, effective 0901 G.m.t., May 25, areas for a test period that expires May Baton Rouge, Louisiana. 23, 1972. The Department of the Air 1972, as hereinafter set forth. Force has concurred in the indefinite In § 75.400 (37 F.R. 2400) the follow To effect this change the table in § 1.5 extension of the time of designation. ing area high routes are added: of the Customs regulations is amended FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 RULES AND REGULATIONS 4077 by adding “Resident Special Agent, (R.S. 251, as amended, sec. 624, 46 Stat. 759; by number. The Notice of Appeal should in 19 U.S.C. 66,1624) clude a statement of the reasons why the Baton Rouge, Louisiana” in the column decision is considered to be erroneous. headed “Suboffices’-’ for District No. 6. Because this amendment conforms In the event you desire to file an appeal (80 Stat. 379, R.S. 251, as amended, sec. 624, with a change in policy previously pub from this decision, there is enclosed for your 46 Stat. 759; 5 U.S.O. 301, 19 U.S.C. 66, 1624) lished in the F ederal R egister, and convenience GSA Form 2465, Notice of Ap because it relieves a restriction, notice, peal, in triplicate, for completion and signa This activation of an additional Cus and public procedure thereon are un ture. All the items of information requested toms Agency Service suboffice relates to must be supplied. If sufficient space is not necessary, and good cause exists for dis available on this form for each item, please agency management. It is advantageous pensing with a delayed effective date un to dispense with the delayed effective attach a supplemental sheet or sheets. Also date, notice, and public procedure re der the provisions of 5 U.S.C. 553. attached is an additional copy of the form Effective date. This amendment shall which should be completed and retained quirements as provided in 5 U.S.C. 553, for your files. The Notice of Appeal is to be so that the suboffice might be opera be effective upon publication in the F ed signed by the appellant personally if an tional as soon as possible. eral R egister (2-26-72). individual, or, if not, by an authorized offi . [seal] E dwin F . R ains, cer or duly authorized representative of the Effective date. This Treasury Decision appellant organization and submitted in shall become effective upon publication Acting Commissioner of Customs. triplicate to the Contracting Officer. in the F ederal R egister (2-26-72). Approved: February 16, 1972. The Notice of Appeal must be mailed or [seal] E dwin F. R ains, otherwise furnished to the Contracting Offi E ugene T. R ossides, cer within 30 days from receipt of this Acting Commissioner of Customs. Assistant Secretary o f the decision or your appeal shall be considered Approved: February 16,1972. Treasury. untimely. E ugene T. R ossides, [PR Doc.72-2872 Piled 2-25-72;8:48 am] (b) Notice of appeal action under the Assistant Secretary above circumstances may be effected by of the Treasury. use of GSA Form 2465, Notice of Appeal, [PR Doc.72-2871 Piled 2-25-72; 8:48 am] Title 41— PUBLIC CONTRACTS as illustrated by § 5B-16.950-2465. PART 5B-16— PROCUREMENT FORMS [T.D. 72-67] AND PROPERTY MANAGEMENT The table of contents for Part 5B-16 PART 171— FINES, PENALTIES, AND Chapter 5B— Public Buildings Service, is amended by the addition of a new FORFEITURES General Services Administration entry as follows: Vehicle Forfeitures; Requirements on Sec. CONTRACTING OFFICERS DECISION 5B—16.950—2465 GSA Form 2465, Notice of Petition for Relief UNDER DISPUTES CLAUSE Appeal. On December 15,1971, notice of change Pursuant to the procedures related to GSA Form 2465, Notice of Appeal is in policy relating to mitigation and re- appealing contracting officer’s decision filed as part of the original document. » mission decisions on vehicle forfeitures under a Disputes clause, including time Copies are available from the Business was published by the Treasury Depart liness and transmittal, Subparts 5B-1.3 Service Center in any regional office of ment in the F ederal R egister (36 F .R . and 5B-16.9 are amended by adding new the General Services Administration. 23800) which became effective upon sections. publication. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); Section 171.13 of the Customs regula PART 5B-1— GENERAL 41 CFR 5-1.101 (c)) tions provides that a petitioner holding The table of contents for Part 5B-1 is Effective date. This amendment is ef a chattel mortgage or conditional sales amended by adding the following new fective upon publication in the F ederal contract covering seized property shall entries: R egister (2-26-72). submit with his petition evidence show Dated : February 9,1972. ing whether prior to the financial trans Sec. action an inquiry of at least one enforce 5B-1.318 Disputes clause. A. F. S ampson, 5B-1.318-1 Contracting officer's decision ment agency in the localitjr where the under a Disputes clause. Commissioner, purchaser most recently resided, or re Public Building Service. sided in the past year, was made as to Subpart 5B—1.3—'General Policies [FR Doc.72-2816 Filed 2-25-72;8:54 am] the purchaser’s criminal record and rep utation for commercial crime, and a re Sections 5B-1.318 and 5B-1.318-1 are sponsive reply received. However, pursu added to read as follows: ant to the aforementioned change in § 5B—1.318 Disputes clause. Title 21— FOOD AND DRUGS policy, it is no longer necessary for the § 5B—1.318—1 Contracting officer’s de Chapter I—- Food and Drug Adminis petitioner to make inquiry as prescribed. cision under a Disputes clause. To conform the Customs regulations, tration, Department of Health, Ed § 171.13, paragraph (b) is amended as (a) The adequacy of the contracting ucation, and Welfare set forth below: officer’s decision’ under the Disputes SUBCHAPTER B— FOOD AND FOOD PRODUCTS clause, as required by § 1-1.318-1, and of § 171.13 Additional evidence required the contents of any subsequent notice of PART 121— FOOD ADDITIVES with certain petitions. appeal, as provided for by § 5-60.202, ***** shall be properly insured. Accordingly, Subpart F— Food Additives Resulting (b) Petitioner holding chattel mortgagethe following paragraphs shall be set From Contact With Containers or or conditional sales contract. A petitioner forth in all contracting officer’s decisions Equipment and Food Additives holding a chattel mortgage or conditional subject to a Disputes clause: Otherwise Affecting Food sales contract covering the seized prop This decision is made in accordance with Antioxidants and/ or S tabilizers for erty shall submit with his petition evi the Disputes clause and shall be final and dence showing that: conclusive as provided therein, unless a writ P olymers (1) He has an interest in such prop ten Notice of Appeal addressed to the Ad The Commissioner of Food and Drugs, erty, as owner or otherwise, which he ministrator of General Services is mailed or having evaluated the data in a petition acquired in good faith; and otherwise furnished to the Contracting Offi (FAP 1B2691) filed by American Hoechst (2) He had at no time any knowledge cer. The Notice of Appeal, which is to be signed by you as the contractor or by an Corp., Post Office Box 2500, Somerville, or reason to believe that the property attorney acting on your behalf, and which N.J. 08876, formerly at 777 Third Avenue, was being or would be used in violation may be in letter form, should indicate that New York, N.Y. 10017, and other relevant of Customs or other laws of the United an appeal is intended, should refer to this material, concludes that § 121.2566 States. decision, and should identify the contract should be amended as set forth below to FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4078 RULES AND REGULATIONS extend the permitted conditions for the delegated to the Commissioner (21 CFR posting those areas where hitchhiking is safe use of the substance specified below 2.120), § 121.2566 is amended by revising not permitted in Yosemite National Park. as a stabilizer in certain semirigid and the text in the “limitations” column in Therefore, the proposal is hereby rigid polyvinyl chloride materials used paragraph (b) for poly[(l,3-dibutyl- adopted, as amended, and is set forth in the manufacture of food contact distannthianediylidene) -1,3-dithiol to below. articles. read as follows: The revision of § 4.12 and amendment of § 7.16 will take effect 30 days after Therefore, pursuant to provisions of § 121.2566 Antioxidants and/or stabi publication of this notice in the F ederal lizers for polymers. the Federal Food, Drug, and Cosmetic R egister. Act (sec. 4 0 9 (0 (1 ), 72 Stat, 1786; 21 * * * * * * * * (5 U.S.C. 553; 39 Stat. 535, as amended; 16 U.S.C. 348(c)(1)) and under authority U.S.C. 3; 41 Stat. 732; 16 U.S.C. 61) List of substances Limitations Section 4.12 is hereby revised to read * * * -* * * as follows: Poly [ (1,3-dibutyldistanthianediylidene) -1,3- For use only at levels not to exceed 0.2 § 4.12 Mufflers. dithto] having the formula {C8H18SnaS3]n percent by weight in polyvinyl chloride (a) Every motor vehicle shall be where n averages 1.5-2) and produced so resin where such resin constitutes not less equipped with a muffler in good working as to meet the following specifications: than 98.7 percent of a finished semirigid or rigid polyvinyl chloride food-contact sur order any time the motor vehicle is Softening point, 130-145° C.; volatile com operating. ponents at 150° C., less than 1.0 percent; face, provided that the finished food- sulphur (sulfide) content in the range contact article is employed only to package (b) Operating a motor vehicle 20.5-22.0 percent; tin content in the range 'meat, cheese, and food types I, VIII, and equipped with a muffler cut-out, bypass, 52.0-53.2 percent. IX as described in table 1 of § 121.2526(c). or similar device is prohibited. The finished food-contact article contain Section 7.16 is hereby amended by ad ing this stabilizer, when extracted with re dition of paragraph (d) to read as fol fined cottonseed oil at 120° F. for 48 hours, using a volume-to-surface ratio of 2 milli lows: liters per square inch of surface tested, § 7.16 Yosemite National Park. shall yield tin (Sn) not to exceed 0.0005 ***** milligram per square inch of food-contact surface. (d) Hitchhiking or the soliciting of transportation is permitted off the road way on the shoulder, except in those areas where the Superintendent prohibits such (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348 activities by the posting of appropriate (c )(1 )) Title 36— PARKS, FORESTS signs. • * * * * Any person who will be adversely af AND MEMORIALS L awrence C. Hadley, fected by the foregoing order may at any Acting Director, time within 30 days after its date of pub Chapter I— National Park Service, National Park, Service. lication in the F ederal R egister file with Department of the Interior [FR Doc.72-2898 Filed 2-25-72;8:49 am] the Hearing Clerk, Department of PART 4— VEHICLES AND TRAFFIC Health, Education, and Welfare, Room SAFETY 6-88, 5600 Fishers Lane, Rockville, MD Title 32A— NATIONAL DEFENSE, 20852, written objections thereto in PART 7— SPECIAL REGULATIONS, quintuplicate. Objections shall show AREAS OF THE NATIONAL PARK APPENDIX wherein the person filing will be ad SYSTEM Chapter X— Office of Oil and Gas, versely affected by the order and specify Mufflers, Hitchhiking, and Pets with particularity the provisions of the Department of the Interior order deemed objectionable and the On page 14700 of the F ederal R egister [Oil Import Reg. 1 (Revision 5) Arndt. 40] of August 10, 1971, there was published grounds for the objections. If a hearing a proposal of rule ’making to revise § 4.12 Ol REG. 1— OIL IMPORT is requested, the objections must state of Title 36 of the Code of Federal Regula REGULATION the issues for the hearing. A hearing tions concerning mufflers and to amend will be granted if the objections are sup § 7.16,‘ entitled Yosemite National Park, Canadian Imports— Districts I—IV ported by grounds legally sufficient to to further restrict presence of pets in the Amendment 40 to Oil Import Regula justify the relief sought. Objections may park and to permit hitchhiking. Inter tion 1 (Revision 5) was published in the ested persons were given 30 days to sub be accompanied by a memorandum or F ederal R egister for February 1, 1972 mit written comments on the proposal. (37 F.R. 2439). Item 3 of Amendment 40 brief in support thereof. Received objec After careful analysis of comments was intended to provide for the revoca tions may be seen in the above office dur submitted and review of park manage tion as of March 1, 1972 of section 29A ing working hours, Monday through ment needs, it has been concluded that of the regulation (relating to partial al Friday. the proposed amendment concerning re locations of Canadian imports). Through strictions on presence of dogs and cats an error the year 1973 was specified. The Effective date. This order shall become is not necessary at this time for Yosemite first sentence of item 3 should read as effective on its date of publication in the National Park. Therefore this proposed follows: F ederal R egister (2-26-72). amendment is not adopted. It has been 3. Section 29A of Oil Import Regula further determined that the proposed re tion 1 (Revision 5) is revoked as of Dated; February 11, 1972. strictions concerning mufflers and relaxa March 1,-1972. tion of the prohibition against hitchhik S am D. F in e, H ollis M. Dole, Associate Commissioner ing in Yosemite National Park are needed Assistant Secretary of the Interior. at this time. However, a clause has been for Compliance, added to the hitchhiking provision to al F ebruary 23, 1972. [FR Doc.72-2906 Filed 2-25-72;8:50 am] low the Superintendent to designate by [FR Doc.72-3009 Filed 2-25-72;8:54 am] FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 RULES AND REGULATIONS 4079 Title 24— HOUSING AND URBAN DEVELOPMENT Chapter X— Federal Insurance Administration, Department of Housing and Urban Development SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM pa rt 1914— AREAS ELIGIBLE FOR THE SALE OF INSURANCE • List of Eligible Communities Section 1914.4 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1914.4 List of eligible communities. * * * * * ^ * * Effective date of authorization State County Location Map No. State map repository Local map repository of sale of flood insurance for area Alabama...... Lowndes______Benton...... Feb. 25, 1972. Arizona...... Yavapai...... P resco tt...... ' Do. California_____ Santa Barbara___ _ Santa Barbara______Do. Florida______Broward______Lighthouse Point...... Do. Illinois....'...... De Kalb...... De Kalb...... -.'»i___ Do. Massachusetts... Bristol...... New Bedford...... '...... Do. Do...... Middlesex...... Newton______Do. ' Minnesota------Washington...____ St. Mary’s Point.. I 27 163 6314 01... Minnesota Conservation Department, Office of the Mayor, Village of St. Do. Division of Waters, Soils, and Min Mary’s Point, Route 1, Lakeland, erals, 345 Centennial Bldg., St. Paul, Minn. 55043. Minn. 55101. Minnesota Division of Insurance, R - 210 State Office Bldg., St. Paul, Minn. 55101. Missouri...... St. Louis______Fenton______Do. New Jersey____Middlesex______Monroe Town Do. ship. D o...... Somerset______Greenbrook Do. Township. Do______Bergen...... Emerson Bor- Do. ough. Do...... do...... 1 New Milford Do. Borough. Pennsylvania.. . Delaware...... Birmingham Do. Township. Do...... -.-do...... Concord Town- Do. ship. Do...... d o ______. . . Radnor Town- Do. ship. Do...... Cumberland__ . .. Monroe Town- Do. ship. Do...... ______do...... Mount Holly Do. Springs Borough. D o -...... Bucks_____ . . .. Chalfont Do. Borough. Do...... ______do___-...... Plumstead Do. Tonwship. D o ...... Lehigh...... Upper Saucop Do. Township. Oregon...... Grant______... John Day_____ Do. Tennessee___ . . . Marion...... Jasper..._____ I 47 115 1220 01 Tennessee State Planning Com- Town Hall, Town of Jasper, Jasper, Do. through mission, Room C2-208, Central Tenn. 37347. I 47 115 1220 05 Services Bldg., Nashville, Tenn. 37219. Tennessee Department of Insurance and Banking, 114 State Office Bldg., Nashville, Tenn. 37219. Do------Rhea______Spring City____ Do. Texas------Dallas______Farmers Branch- Do. Do...... Dawson...... Lamesa...... Do. Do...... Lamar...... Paris____ ...... Do. Wisconsin...... Buffalo...... Cochrane______1 65 0111070 01. Department of Natural Resources, Village Hall, Village . of Cochrane, Do. Post Office Box 450, Madison, Wis. Cochrane, Wis. 54662. 53701. Wisconsin Insurance Department, 212 North Bassett St., Madison, WI 53703. Do. Vernon. . . . _____ Genoa. 155 123 1870 01. ------do------...... Office of the Village Clerk, Village Do. Hall, Village of Genoa, Genoa, Wis. 54632. (National Flood Insurance. Act of 1968 (title XIH of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 F.R. 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.O. 4001-4127; and Secretary’s delegation of authority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969) Issued: February 17, 1972. G eorge K . B ernstein, Federal Insurance Administrator. [FR Doc.72-2818 Filed 2-25-72;8:45 am] FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 No. 39- -3 4080 RULES AND REGULATIONS FART 1915— IDENTIFICATION OF SPECIAL HAZARD AREAS List of Communities With Special Hazard Areas Section 1915.3 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1915.3 List of communities with special hazard areas. * ♦ * * * * * Effective date of identification Stete County Location Map No. State map repository Local map repository of areas which have special flood . hazards * * * * * * * * * * * * , * * * * * * * * * Alabama...... Lowndes______. Benton...... : ___ Arizona___ ... .. Yavapai______Prescott...... California...... Santa Barbara__ . Santa Barbara...... Florida...... Broward...... Lighthouse ...... Point. Illinois...... De K alb ...... De Kalb...... Massachusetts.__ Bristol...... New Bedford...... Do...... Middlesex...... Newton______Minnesota...... — Washington...... St. Mary’s Point.. H 27 163 6314 01. . Minnesota Conservation Department, Office of the Mayor, Village of St. Mar. 24, 1971. Division of Waters, Soils, and Min Mary’s Point, Route 1, Lakeland, erals, 345 Centennial Bldg., St. Minn. 55043. Paul, Minn. 55101. Minnesota Division of Insurance, R - 210 State Office Bldg., St. Paul, Minn. 65101. Missouri...... St. Louis______. Fenton______New Jersey___.. Middlesex...... Monroe Township...... Do...... Somerset...... Greenbrook ...... Township. Do...... Bergen...... Emerson ______Borough. D o -...... do______. New Milford ____. . . ______Borough. Pennsylvania.... Delaware______Birmingham ______. Township. Do...... ______do______. Concord Town- ______ship. Do...... do...... Radnor Town- ______ship. Do...... Cumberland____ . Monroe Town- ______ship. Do______...... do______. Mount Holly . . . ______Springs. Borough. Do...... Bucks______. Chalfont Borough... ______Do...... do______. Plumstead Town-______ship. Do...... Lehigh...... Upper Saucon . . . ______Township. Oregon...... G rant...... John D ay...... Tennessee...... Marion ...... Jasper....______H 47 116 1220 01 Tennessee State Planning Commis Town Hall, Town of Jasper, Jasper, July 31, 1971. through sion, Room C2-208, Central Services Tenn. 37347. H 47 115 1220 05, Bldg., Nashville, Tenn. 37219. Tennessee Department of Insurance and Banking, 114 State Office Bldg., Nashville, Tenn. 37219. Do...... Rhea______. Spring City...... Texas...... Dallas______F armers Branch...... Do...... Dawson...... Lamesa...... Do...... Lamar...... Paris...... Wisconsin...... Buffalo______.... Cochrane...... H 55 Oil 1070 01....Department of Natural Resources, Village Hall, Village of Cochrane, Mar. 24,1971. Post Office Box 450, Madison, WI Cochrane, Wis. 54662. 53701. Wisconsin Insurance Department, 212 North Bassett St., Madison, WI 53703. Do____ ... . Vernon______Genoa______H 55 123 1870 01.. ____do______Office of the Village Clerk, Village May 8,1971. Hall, Village of Genoa, Genoa, Wis. 54632. (National Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 F.R. 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary’s delegation of authority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969) Issued: February 17, 1972. G eorge K . B ernstein, Federal Insurance Administrator. [FR Doc.72-2819 Filed 2-25-72;8:45 am] FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 RULES AND REGULATIONS 4081 The only comments received in re a scrapper, for example, to bid on and/or Title 4 6 — SHIPPING sponse to the Commission’s notice of pro purchase directly, and at a moment’s posed rule making in this proceeding notice, any available vessel. Such proce Chapter IV— Federal Maritime were submitted by the Shipbuilders dure did away with the necessity of ar Commission Council of America (Council). Rather ranging separate insurance coverage and than interposing any objection to the in obtaining separate oil pollution certifi SUBCHAPTER B— REGULATIONS AFFECTING clusion of the proposed clarifying lan cates for each individual vessel acquired MARITIME CARRIERS AND RELATED ACTIVITIES guage in Form FMC-225A, the Council’s or proposed to be acquired.3 Whether [General Order 27, Arndt. 6; comments constitute a broad attack on or not a person qualified to obtain a Docket No. 71-84] the concept of holding shipyards respon “master” Certificate actually does so, PART 542— FINANCIAL RESPONSI sible for vessels under construction or however, is entirely optional on his part. undergoing conversion or repair. Therefore, the Council's suggestions to BILITY FOR OIL POLLUTION The position taken by the Council the contrary notwithstanding, it is clear CLEANUP would indicate that it has misconstrued that the Commission’s regulations pro Clarifying Language in Certificate of the scope of prior Commission regula viding for the issuance of master Cer tions, especially those relating to the tificates “to persons engaged in the con Insurancé Form issuance of a “master” Certificate, and struction, sale or scrapping of vessels” On September 30, 1970, the Federal the effect of the presently proposed re w«^ in no way intended to cause the Maritime Commission published in the visions in Form FMC-225A. Shipyards shifting of liabilities or otherwise affect F ederal R egister (35 F.R. 15216) regu are not now required, nor is it here pro the substantive rights of any parties. lations to implement the financial re posed that they be required, to obtain Likewise, the Council's appraisal of sponsibility provisions of section 11 (p) “master” Certificates or otherwise evi this proceeding* as one having “substan (1) of the Federal Water Pollution Con dence oil pollution cleanup financial re tive effects” is clearly unwarranted and trol Act, as amended by the Water sponsibility for all vessels in the yard. manifestly incorrect. The sole purpose of Quality Improvement Act of 1970 (84 The Commission’s regulations providing this rule making, as was emphasized in Stat. 97). These regulations (Commis for the issuance of Certificates “to per the notice thereof, is in fact to clarify sion General Order 27), including sub sons engaged in the construction, sale, or an alleged ambiguity in the existing in sequent amendments, set forth the scrapping of vessels” must be read in surance Form FMC-225A as it relates to procedures whereby the owner or op conjunction with the other substantive the extent of an insurer’s liability. The erator of every vessel over 300 gross tons, provisions of General Order 27. Presently, change proposed is one purely technical including certain barges of equivalent under the Commission’s regulations, only in nature and in no way affects the size, using any port or place in the an “owner or operator” (defined therein) substantive rights of any parties. United States or the navigable waters of of a vessel is required to establish finan The basic question sought to be liti the United States must evidence finan cial responsibility for oil pollution clean gated by the Council, namely, which cial responsibility to meet the liability to up. Thus, whether or not a shipyard must party, as between the shipyard and the the United States to which such vessel under existing rules procure from the vessel owner or operator, should bear could be subjected for the discharge of Commission and maintain a Certificate the burden of obtaining oil pollution oil into or upon the waters of the United of financial responsibility for a vessel is cleanup coverage for a vessel in the yard States. The regulations also set forth the dependent upon its status with regard to fbr conversion or repair, is simply not at qualifications required by the Commis that vessel. issue herein. Thus, while some of the sion for issuance of Certificates, includ In providing for the issuance of a Council’s comments are not without ing master Certificates, evidencing such master Certificate, the Commission was merit, they are not relevant to the rule financial responsibility. merely establishing a procedure: making before the Commission and are The present rule making proceeding * * * which would allow a person owning more properly the subject of a separate was instituted by notice served in the or operating vessels as a builder, scrapper, or proceeding and petition. To delay the F ederal R egister (36 F.R. 21524) on seller to apply for and be issued a Certificate final promulgation of the technical November 10, 1971, to amend the lan covering all of his vessels, up to a specified changes proposed herein pending the maximum gross tonnage, which he may from resolution of the many and complex guage of Commission “master”'C ertifi time to time hold for the purposes of con cate of Insurance Form FMC-225A, struction, sale, or scrapping.2 issues raised in Council's comments would which is incorporated by reference into serve no purpose, regulatory or other § 542.5(a) of General Order 27. The And in establishing such a procedure, wise. The Commission will, however, Commission took this action at the re the Commission explained its reason as carefully consider the comments made quest of certain marine underwriters who follows: by the Council to determine what action, believe that the current wording of Form Section 542.6(a) of General Order 27 * * * if any, should be taken in response FMC-225A may be subjected to some provides for the issuance of separate Cer*- thereto. misinterpretation as regards the full ex tificates to cover specific vessels for every Therefore, pursuant to section 4 of the tent of an insurer’s liability. Specifically, owner or operator subject to the General Or Administrative Procedure Act (5 U.S.C. the Commission was urged to make it der. In order to obtain separate Certificates 552), and sections 11 (p) of the Federal it is necessary for an applicant desiring such Water Pollution Control Act, as amended absolutely clear in Form FMC-225A that Certificates to file with the Commission an insurer’s liability thereunder would specific information with respect to each ves by the Water Quality Improvement Act not in any event exceed $100 per gross sel, including evidence of the applicant’s fi of 1970 (84 Stat. 97), Commission Form ton of a given vessel or a maximum nancial responsibility, e.g., acceptable evi FMC-225A, incorporated by reference amount to be specified on the form, dence of insurance. The time required for the into § 542.5(a) of Title 46 CFR, is whichever is the lesser. While the Com applicant to obtain, prepare, and file such amended to read as follows: * information and evidence, and the time re mission expressed its view “that the pres ------;------(hereinafter ent language of Form FMC-225A was quired by the Commission to process the data (Name of Insurer) sufficiently clear in this regard,” 1 it ex and issue Certificates may work an unnec called “the Insurer”) , in accordance with the essary burden on those applicants who ac provisions of section 11 (p) (1) of the Federal plained, in the notice of proposed rule quire vessels for purposes of construction, making, that it was nevertheless “willing scrapping or sale. to accept and include clarifying modifi * An applicant for a master Certificate may The prearranged coverage evidenced of course elect to evidence financial responsi cations to the present language.” by a Form FMC-225A, and the resultant bility by means other than insurance. issuance of a “master” Certificate of 4 Since no substantive change is involved, Financial Responsibility (Oil Pollution) the Commission will continue to view as 1In this regard, we would point out that valid any Form FMC-225A currently on file not one comment was received regarding by the Commission, was intended to re lax existing requirements and to permit with the Commission until such documents Form FMC-225A when it was proposed as are terminated in the normal course of part of a Commission rule making in Docket events or are substituted by new Forms FMC— No. 71-14, although ample time was allowed * Docket No. 71-14—“Provision for Issuance 225A containing the herein promulgated for comment. of Master Certificates and Other Changes.” clarifications. FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4082 RULES AND REGULATIONS Water Pollution Control Act, as amended tion 303 (b), (c), and (r) of the Com (hereinafter called “the Act”) , hereby certi Title 47— TELECOMMUNICATION munications Act of 1934, as amended, fies t h a t ______(herein that effective March 31, 1972, Part 2 of after called “the Assured”)/w ith respect to Chapter I— Federal Communications the Commission’s rules is amended as set any vessel which the Assured may from time Commission to time hold, as owner or operator, during the forth below: life of this Certificate of Insurance, for pur [Docket No. 19280; FCC 72-153] It is, further ordered, That this pro poses of construction, scrapping or sale (here ceeding is hereby terminated. PART 2— FREQUENCY ALLOCATION inafter called “the Vessel”) , is insured by the (Secs. 4, 303, 48 Stat., as amended, 1066, 1082; Insurer in the amount of $100 per gross ton AND RADIO TREATY MATTERS: 47 U.S.O. 154, 303) of the Vessel or $______whichever is GENERAL RULES AND REGULA the lesser, against liability to the U.S. Gov Adopted: February 16, 1972. ernment arising under section 11(f) of the TIONS Released: February 22, 1972. Act. Development of a “Common System” The Insurer consents to be sued directly by F ederal Communications the U.S. Government in respect of any claim Microwave Landing System Commission,1 against the Assured, arising with respect to the Vessel under section“ 11(f) of the Act; Report and order. In the matter of [ seal] B en F . W aple, provided, however, that in any such direct amendment of Part 2 of the Commis Secretary. action (a) its liability shall not exceed $100 sion’s rules to reflect development of a Part 2 of Chapter I of Title 47 of the per gross ton of the tonnage of the Vessel in “common system” Microwave Landing Code of Federal Regulations is amended respect of which the claim is made or the System in the bands 5.0-5.25 GHz and as follows: amount stipulated above, whichever is the 15.4-15.7 GHz, Docket No. 19280. In § 2.106, footnote designator US118 lesser, and (b) it shall be entitled to invoke is added in column 6 for the frequency all rights and defenses as set forth in section 1. On June 30, 1971, the Commission 11(f) (1) of the Act which would have been adopted a notice of proposed rule mak bands 5000-5250 MHz and 15.4-15.7 GHz, available to the Assured if the action had ing in the above entitled proceeding and US118 added to read as follows: been brought against the Assured by the U.S. which was published in the F ederal R eg US118—In the bands 5.0-5.25 GHz and Government, and shall also be entitled to in ister on July 9,1971 (36 F.R. 12914). The 15.4-15.7 GHz, a “common system” Micro- voke all rights and defenses which would Notice proposed to add a new footnote wave Landing System is planned which is have been available to the Insurer if the ac (US118) to the Table of Frequency Allo expected to have worldwide application. It tion had been brought against the said In cations, § 2.106 of the Commission’s rules, is anticipated that operational implementa surer by the Assured. for the purpose of reserving the bands tion wfil begin about 1976. Nationally, such ______with offices at an agreed common system shall have priority ______;______is hereby designated 5.0-5.25 GHz and 15.4-15.7 GHz for the over any other system in these bands. as the legal agent of the Insurer for service development of the Microwave Scanning [FR Doc.72-2907 Filed 2-25-72;8:51 am] of process in any direct action. Landing Guidance System (LGS) which This Certificate of Insurance shall be ap will be part of the national/intemational plicable only in relation to events giving rise “common system.” Interested parties [Docket No. 19326; FCC 72-165] were invited to file comments on or to a claim by the U.S. Government against PART 73— RADIO BROADCAST the said Assured under section 11(f) of the before August 13, 1971, and reply com Act in respect of the Vessel, occurring on ments on or before August 24, 1971. SERVICES 2. Timely commènts were received or after the below specified effective date from the Federal Aviation Administra FM Broadcast Stations in Opp and of this Certificate of Insurance and before tion (FAA) and jointly from the Air Ozark, Ala. the expiration date of this Certificate of In Transportation Association of America surance, which shall be the earlier of the Report and order. In the matter of (ATA) and Aeronautical Radio, Lie. amendment of § 73.202, Table of Assign following: (ARINC). All three parties stated that (a) The date whereon Federal Maritime ments, PM Broadcast Stations (Opp and they were in full support of the proposed Ozark, Ala.), Docket No. 19326, RM- Commission (FMC) withdraws its master footnote. However, the ATA/ARINC re Certificate of Financial Responsibility (Oil 1742, RM-1679. sponse stated there may be a potential 1. On September 29, 1971, the Com Pollution) covering the Vessel. problem with the Commission’s proposal mission adopted a notice of proposed (b) A date 30 days after the date of receipt in the 5.0-5.25 GHz band arising from rule making (FCC 71-1007, released by FMC of notice in writing that the In footnote 383B which was added to the October 5, 1971) in the above-entitled surer has elected to terminate the insurance international Table of Frequency Allo matter. Interested parties were afforded evidenced by this Certificate of Insurance cations at the recently completed World an opportunity to comment on or before and has so notified the Assured. Administrative Radio Conference on November 15, 1971, and to reply to such (c) The date substitute evidence of fi Space Telecommunications (WARC- comments on or before November 26, nancial responsibility has been accepted by ST). 1971. No comments of any kind were FMC. 3. This footnote would permit trans received. mission from earth stations to satellites 2. The notice discussed the amend Effective date. In view of the fact that in the aeronautical mobile (R) service. ment of § 73.202 of our rules in respect the amendments in Form FMC-225A The possible inclusion of this provision to two FM channel allocations. Each will promulgated herein in no way substanti into the national allocation table will be be discussed seriatim below. All popula ally change any existing requirements the subject of a later rule making pro tion statistics cited are from the 1970 ceeding treating the overall results of U.S. Census. but are merely for the purpose of making the space conference. However, it should clearer the Commission’s intent and to be noted here that the system contem RM-1742, Op p , Ala. more closely relate the language of the plated by footnote 383B, if implemented 3. On February 2, 1971, Opp Broad form to the language of the enabling sta nationally, would require earth stations casting, Inc. (Opp Broadcasting) filed tute, the Commission believes good cause at perhaps no more than two sites with a petition requesting the assignment of in the conterminous United States. Such FM Channel 272A to Opp, Ala. The no exists for the amendments promulgated stations conceivably could be located herein to become effective on less than 30 tice of proposed rule making cited above away from airports, but in any case would set out the proposal for exploration in days’ notice. Accordingly, these amend be thoroughly coordinated prior to in this rule making proceeding. No other ments shall become effective upon publi stallation to insure compatibility ■ with revisions in our Table of Assignments cation in the F ederal R egister (2-26-72). existing and planned landing guidance were proposed. systems in accordance with national pri By the Commission. 4. Opp, Ala. (the second largest com orities as prescribed in footnote US 118 munity in Covington County, population [seal] J oseph C. P olking, adopted herein. Assistant to the Secretary. 4. Accordingly, it is ordered, That pur i Commissioners Johnson and H. Rex Lee [FR Doc.72-2938 Filed 2-25-72; 8:54 am] suant to the authority contained in sec absent. FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 RULES AND REGULATIONS 4083 33,281) has 6,270 residents. The only requesting the assignment; of FM Chan cility in light of its existing two daytime- aural facility located in Opp is daytime- nel 272A at Ozark, Ala. In view of our only services and one full-time FM serv only standard broadcast Station WAMI, proposed assignment of Channel 272A to ice. On the overall view, since no ob licensed to petitioner. Our PM Table of Opp, Ala., and the fact that Ozark is jections have been presented or present Assignments, at the present time, does but 38 miles distant from Opp, Channel themselves, we have come to the judg not provide an PM assignment for the 272A could not be proposed to be assigned ment that it is in the public interest to community. to both communities. Therefore, our no assign a second FM channel to Ozark. A 5. In view of the fact that petitioner tice proposed to assign FM Channel 280A new FM service will provide the com filed no comments in response to our to Ozark. No other revisions in our Table munity (petitioner has stated that it will notice we must assume that it relies on of Assignments were needed or proposed. activate a newly assigned channel) with the facts and allegations its petition con 8. Dale County, Ala., with a popula an alternative voice, in nighttime hours, tains. In that instrument Opp Broad tion of 51,157 contains the small city to that of Ozark’s existing FM station, casting advances the need of Opp for an of Ozark, which is its county seat, pop WOAB. Two local FM,services will be PM assignment by pointing out that such ulation 13,146. There are two daytime- able to provide a variety of news, views a facility could provide Opp and its sur only standard broadcast stations in the and entertainment. Therefore,* we as rounding area with a first full-time local community, WAYD, licensed to petition sign Channel 280A to Ozark, Ala. aural service.'The petition suggests that er and WOZK, licensed to Ozark Broad 11. Authority for the actions taken a community the size of Opp certainly casting Corp. Ozark Broadcasting Corp. requires a full-time radio service and that also holds a license for Ozark’s only FM herein is contained in sections 4(i), 303, such an additional station, as that pro allocation, Channel 285A, WOAB. and 307(b) of the Communications Act posed, could be a valuable second voice 9. In this proceeding, Sullivan Broad of 1934, as amended: to that of WAMI. The petition concludes casting filed no comments in response to 12. Accordingly, it is ordered, That ef by indicating the proposed facility could our notice of proposed rule making. In fective March 31, 1972, the FM Table of not only provide the area with weather light of this fact we will pass judgment on Assignments in § 73.202 of the Commis information and warning service in case the proposal set out in our Notice as sup of a National Defense emergency but ported by the material in the petition and sion’s rules is amended, insofar as the could in addition enrich the community the amendments thereto. In its filings cities listed below are concerned, to read with broadcasts concerning election re Sullivan Broadcasting asserts the pub as follows: sults, public meetings, local sports, ed lic interest in its request of an FM as Channel ucational events, and news. signment for Ozark primarily by listing No. City: 6. In light of the facts that our pro various facts about the community. For Opp, Ala------272A posed action: was unopposed; will bring example, concerning economics, it alleges Ozark, Ala______280A, 285A Opp its first opportunity for local com that the community has: four banks, mercial FM service; and provides for the total deposits $40,819,000; assessed prop 13. It is further ordered, That this pro interest in activating a local PM com erty valuations, $13,362,920; postal re ceeding (Docket No. 19326, RM-1742, mercial service at Opp, voiced by peti ceipts, $422,175; retail sales, $38 million; RM-1679) is terminated. tioner; we find it is in the public inter and telephones in service 6,910. A variety (Secs. 4, 303, 307, 48 Stat., as amended, 1066, est to amend § 73.202 of our rules with of other facts such as the number of 1082, 1083; 47 U.S.C. 154, 303, 307) respect to Opp. Therefore, we assign schools, churches, parks, library facili Channel 272A to Opp, Ala.1 ties and the existence of nearby Fort Adopted: February 16, 1972. RM-1679, Ozark, Ala. Rucker are also presented. The commu nity appears to have an economy based Released: February 22, 1972. 7. On August 18, 1970, Wade B. Sulli primarily on agriculture and manufac F ederal Communications van Broadcasting Co. (Sullivan Broad turing of textile and wood products. From Commission,® casting) filed a petition (amended on the substantial nature of Ozark, Sulli B en F . W aple, November 24, 1970, and August 18, 1971) van Broadcasting concludes that it re Secretary. quires a second local FM facility which [FR Doc.72-2908 Filed 2-25-72;8:51 am] 1The transmitter site of this assignment in nighttime hours can provide a choice must be located 2 miles northeast of Opp of local radio programing. because of the assignment of Channel 272A 10. We have examined the needs of * Commissioners Johnson and H. Rex Lee at Milton, Fla. Ozark for an additional broadcast fa- absent. FEDERAL REGISTER, VOL, 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4084 Proposed Rule Making that oil is being or has been discharged (e) The Secretary of the Treasury or DEPARTMENT OF THE TREASURY into or upon the coastal navigable waters the district director in whose office the of the United States in violation of the license was issued may revoke the license Bureau of Customs Oil Pollution Act of 1924 (33 U.S.C. 431- if any of its terms have been willfully or [ 19 CFR Parts 1, 4, 8, 23, 123, 161, 437) he shall promptly furnish to the dis intentionally violated or for any other trict director a full report of the incident, cause which may be considered prejudi 162 1 together with the names of the witnesses, cial to the revenue or otherwise against ENFORCEMENT and, when practicable, a sample of the the interest of the United States. material discharged from the vessel in (Sec. 6, 49 Stat. 519; 19 U.S.C. 1706) Customs and Navigation Laws question. Notice is hereby given that under the (b) The district director shall forward authority of 5 U.S.C. 301, R.S. 251, as this report immediately, without recom pa rt 8— LIABILITY FOR DUTIES; amended (19 U.S.C. 66), and section 624, mendation, to the District Engineer of ENTRY OF IMPORTED MERCHANDISE the department of the Army (at New 46 Stat. 758 (19 U.S.C. 1624), it is pro-, § 8.25 [Amended] posed to amend the Customs Regulations York to the Supervisor of New York Har relating to enforcement of Customs and bor) for his decision as to prosecution In § 8.25, the last sentence in para and a copy of each such report shall be navigation laws. graph (d) is amended by substituting The proposed revision follows a new furnished to the bureau. “162.51” for “23.20”. format, and is part of the general revi (c) If the vessel involved is of Amer sion of the Customs Regulations. In addi ican registry, a copy of the report shall tion to changes required by the reorga be furnished also to the District Com PART 23— ENFORCEMENT OF CUS nization of the Customs Service, changes mander of the Coast Guard district con TOMS AND NAVIGATION LAWS or additions are proposed to clarify the cerned. [DELETEDl scope of a number of provisions. Accord (Sec. 13, 30 Stat. 1152, sec. 7, 43 Stat. 605, as amended; 33 U.S.C. 407, 436) Chapter I of Title 19 is amended by ingly, the proposed revision is set forth deleting Part 23. below: Part 4 is amended by adding § 4.100 PART 1— g e n e r a l pr o v is io n s to read as fallows: PART 123— CUSTOMS RELATIONS Part 1 is amended by adding § 1.9 to § 4.100 Licensing of vessels of less than 30 net tons. WITH CANADA AND MEXICO read as follows: (a) The application for a license to § 123.71 [Amended] § 1.9 Identification cards. import merchandise in a vessel of less In § 123.71, the last sentence is amend (a) Each Customs employee, other than 30 net tons in accordance with sec ed by substituting “Subpart B of Part than an officer of the Customs Agency tion 6, Anti-Smuggling Act of August. 5, 162”, for “§ 23.11”. Service, who needs identification in the 1935, shall be addressed ta th e Secretary performance of his official duties shall of the Treasury and delivered to the dis be furnished an identification card on trict director of the district in which are PART 161— GENERAL ENFORCEMENT Customs Form 3135. located the ports where foreign merchan PROVISIONS (b) The Commissioner will issue iden dise is to be imported in such vessel. Chapter I of Title 19 is amended by tification cards in appropriate cases to (b) The application shall contain the adding a new Part 161 to read as principal field officers. Each principal following information: follows : field officer shall be the issuing officer (1) Name of the vessel, rig, motive for the employees under his jurisdiction. power, and home port. Sec. (c) Special identification cards signed (2) Name and address of the owner. 161.0 Scope. by the Commissioner, shall be issued to (3) Name and address of the master. Subpart A— Général Provisions officers of the Customs Agency Service. (4) Net tonnage of the vessel. 161.1 Customs supervision. All officers of the Customs Agency Service (5) Kind of merchandise to be im 161.2 Enforcement for other agencies. are authorized to carry weapons in the ported. 161.3 Prosecution for violation of Customs performance of their official duties, and (6) Country or countries of exporta laws. specific authorization is therefore omit tion. 161.4 Bribery of Customs officers and ted from their identification cards. (7) Ports of the United States where employees. . the merchandise will be imported. 161.5 Compromise of Government claims. (8) Whether the vessel will be used to PART 4— VESSELS IN FOREIGN AND Subpart B— Informer’s Compensation transport and import merchandise from 161.11 Claim for compensation by in DOMESTIC TRADES a hovering vessel. former. § 4.12 [Amended] (9) Kind of document under which 161.12 Filing of claim. the vessel is operating. 161.13 Limitation on claims. tn § 4.12(a) (5), the first sentence is (c) If the district director finds that 161.14 Payment of claims. amended by substituting “162.31” for the applicant is a reputable person and 161.15 Informer’s name confidential. “23.23” and the second sentence is that the revenue would not be jeopard Authority: The provisions of this Part amended by substituting “162.43” for ized by the issuance of a license, he may 161 issued under 80 Stat. 379, R.S. 251, ! “23.12”. issue the license for a period not to ex as amended, sec. 624, 46 Stat. 759, 5 U.S.C. Part 4 is amended by adding § 4.66b to ceed 12 months, incorporating therein 301, 19 U.S.C. 66, 1624. Statutory provisions read as follows: any special conditions he believes to be interpreted or applied and additional au necessary or desirable, and deliver it to thority are cited in parentheses following § 4.66b Pollution of coastal and navi the sections affected. gable waters. the licensee. (a) When any Customs officer has rea (d) . The master or owner shall keep§ 161.0 Scope. the license on board the vessel at all The provisions of this part set forth I son to believe that any refuse matter is times and exhibit it upon demand of being or has been deposited in navigable any duly authorized officer of the United the authority and responsibility of Cus*| waters in violation of section 13 of the States. This license is personal to the toms officers in the enforcement of Uus*| Act of March 3, 1899 (33 U.S.C. 407), or licensee and is not transferable. toms laws of the United States. Also! FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 PROPOSED RULE MAKING 4085 ■ included are provisions relating to im- 223, as amended, sec. 4, 48 Stat. 340, secs. and reports any vessel, vehicle, merchan I port and export controls enforced for 4, 7, 60 Stat. 759, 764, sec. 414, 68 Stat. 848, dise, or baggage subject to seizure and ■ other administering agencies, prosecu- as amended; 12 U.S.C. 95a, 18 U.S.C. 545, 19 U.S.C. 1595(a), 22 U.S.C. 401, 31 U.S.C. 443, 42 forfeiture under the Customs or naviga ■ tion for violation of Customs laws, brib- U.S.C. 1804, 1807, 22 U.S.C. 1934) tion laws, or who furnishes original in ■ ery of Customs officers and employees, formation concerning any fraud upon I the compromise of Government claims § 161.3 Prosecution for violation of Cus the Customs revenue or a violation of the I and informer’s compensation. toms laws. Customs or navigation laws perpetrated Subpart A— General Provisions When there is a seizure or other vio or contemplated, may file a claim for an lation of the Customs laws whiph requires award of compensation. Any Customs I § 161.1 Customs supervision. legal proceedings by civil or criminal ac officer to whom the information is fur Whatever any action or thing is re- tion, the district director or special agent nished shall advise the informant of his ■ quired by the regulations in this chap- in charge of the area involved shall fur right to claim such an award. I ter, or by any provision of the Customs nish a report to the United States attor (b) Officer of the United States. Offi ■ or navigation laws, to be done or main- ney in accordance with section 603, Tariff cers of the United States are precluded ■ tained Under the supervision of Cus- Act of 1930, as amended (19 U.S.C. 1603). by section 620, Tariff Act of 1930 (19 ■ toms officers, such supervision shall be Action shall be taken under section 545, U.S.C. 1620) from directly or indirectly ■ carried out as prescribed in the reg- title 18, United States Code, only when receiving or contracting for anyportion ■ ulations of this chapter, or by instruc- there is clear indication of a violation of a compensation award. ■tions from the Secretary of the Treas- of some specific provision of law. (Sec. 619, 620, 46 Stat. 758, as amended; 19 ■ury, or the Commissioner of Customs (Sec. 603, 46 Stat. 754, as amended, sec. 1, U.S.C. 1619, 1620) ■ in particular cases. In the absence of a 62 Stat. 716; 18 U.S.C. 545, 19 U.S.C. 1603) § 1 6 1 .1 2 Filing of claim. ■governing regulation or instruction, su- § 161.4 Bribery of Customs officers and A claim for an award of compensation ! per vision shall be direct and continu employees. ions, or by such occasional verification shall be filled in duplicate on Customs ■ as the principal Customs field officer If, upon investigation, it is determined Form 4623 with the district director, but ■ shall direct if such officer shall deter- that money or anything of value was any Customs officer may receive such a ■m ine that less intensive supervision will given, offered, or promised to a Customs claim for transmittal to the district' di ■ ensure proper enforcement of the law officer or employee With the intent to rector. Additional copies of the claim ■ and protection of the revenue. Nothing control or influence such officer or em required by the district director shall be ^ i n this section shall be deemed to war ployee in the performance of his official furnished on demand. Application may rant any failure to direct and furnish duties, the matter shall be referred to be made directly to the Commissioner required supervision or to excuse any the United States attorney fior prosecu of Customs where for any reason a claim Jfa ilu re of a party in interest to comply tion under section 201, title 18, United has not been transmitted by the district I [with prescribed procedures for obtain- States Code. director to the Commissioner. No claim I ing any required supervision. (Sec. 1, 76 Stat. 1119, as amended; 18 U.S.C. for compensation shall be forwarded to (Sec. 22, 67 Stat. 520; 19 U.S.C. 1646a) 201) the Commissioner unless a sum of not I less than $5 is available for an award. § 161.2 Enforcement for other agencies. § 161.5 Compromise of Government claims. (Sec. 619, 46 Stat, 758, as amended; 19 U.S.C. (a) Laws enforced by Customs Serv- 1619) I lice for administering agencies. Some of (a) Offer. An offer made pursuant to the laws enforced in whole or in part section 617, Tariff Act of 1930, as § 1 6 1 .1 3 Limitation on claims. by the Customs Service for administer amended (19 U.S.C. 1617), in compromise Claimants may be paid 25 per centum ing agencies are; of a Government claim arising under the of the net amount recovered from duties (1) Importations and exportations of Customs laws and the terms upon which withheld, or any fine, penalty, or for I arms, ammunition, implements of war, it is made shall be stated in writing ad feiture incurred, but such amount shall I helium gas, and other munitions of war dressed to the Commissioner of Customs. not exceed $50,000 regardless of the num | a re governed by laws administered by The offer shall be limited to the civil ber of recoveries growing out of the in |the Internal Revenue Service and De liability of the proponent in the matter formation furnished. partment of State; which is the subject of the Government’s (Sec. 619, 46 Stat. 758, as amended; 19 U.S.C. claim. 1619) *('b) Deposit of specific sum tendered. [ (2) Importations and exportations of No offer in which a specific sum of money § 161.14 Payment of claims. ¡controlled substances are governed by is tendered in compromise of a Govern No claim under section 619, Tariff ■laws administered by the Bureau of Nar- ment claim under the Customs laws will Act of 1930, as amended (19 U.S.C. 1619), ■cotics1 and Dangerous Drugs of the De- be considered by the Commissioner of shall be paid until the amount recovered ■partment of Justice ; Customs until due notice is received that has been deposited in the proper ac I (3) Importations and exportations of such sum has been properly deposited in count. Claims shall not be paid out of ■gold are governed by laws administered the name of the person submitting the the proceeds of sale. ■by the Department of the Treasury; offer with the Treasurer of the United (Sec. 619, 46 Stat. 758, as amended; 19 U.S C | (4) Importations and exportations of States or a Federal Reserve bank. A pro 1619) atomic energy source material, fission ponent at a distance from a Federal Re able material, and equipment and devices serve bank may perfect his offer by ten § 161.15 Informer’s name confidential. for utilizing or producing fissionable ma dering a bank draft for the amount of The informer’s name and address shall terial are subject to laws administered the offer payable to the Secretary of the be kept confidential. No files nor infor py the Atomic Energy Commission; and Treasury for collection and deposit. If mation concerning the informer shall be the offer is rejected, the money will be [ (5) The exportation of articles, other permitted to get into the possession of |than those previously mentioned herein, returned to the proponent. are subject to requirements of laws ad (Sec. 617, 46 Stat. 757, as amended; 19 U.S.C. unauthorized persons. No information ministered by the Department of Com 1617) shall be revealed which might aid the merce. offenders in identifying the informer. Subpart B— Informer’s Compensation § 161.11 Claim for compensation by in ! (b> Seizure for violation of law. When former. FART 162— INSPECTION, SEARCH, ■articles are imported or are intended to AND SEIZURE ■>e, are being, or have been exported from (a) Persons not officers of United ■ h e United States in violation of law, States. Any person not an officer of the Chapter I of Title 19 is amended by * ■such articles and any vessel, vehicle, or United States who, in accordance with adding a new Part 162 to read as follows: ■aircraft knowingly used in their trans section 619, Tariff Act of 1930, as Sec. p o rta tio n shall be seized and proceeded amended (19 U.S.C. 1619), detects, seizes, 162.0 Scope. ■against. ■ if ® 0- 5(b). 40 Stat. 415, as amended,FEDERAL 62 Stat. REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 ■ l6> sec- 502, 68 Stat. 1140, sec. 1, 40 Stat. 4086 PROPOSED RULE MAKING Subpart A— Inspection, Examination, and Search and sale thereof. It also contains pro (b) Search of army or navy transport. If the district director or special agent in Sec. visions for Customs enforcement of the 162.1 Inspection of importer’s books, rec controlled substances, narcotics and charge believes that sufficient grounds ords, and other papers. marihuana laws. Provisions relating to exist to justify a search of any army or 162.2 Examination of importer and others. petitions for remission or mitigation of navy transport, the facts shall be re 162.3 Boarding and search of vessels. fines, penalties, and forfeitures incurred ported to the commanding officer or mas 162.4 Search for letters. are contained in Part 171 of this chapter. ter of such transport with a request that 162.5 Search of arriving vehicles and he cause a full search to be made, and aircraft. Subpart A— Inspection, Examination, advise the district director or special 162.6 Search of persons, baggage, and and Search merchandise. agent in charge of the result of such 162.7 Search of vehicles, persons or beasts. § 162.1 Inspection of importer’s books, search. If, after the cargo has been dis records, and other papers. charged, passengers and their baggage Subpart B— Search Warrants landed, and the baggage of officers and 162.11 Authority to procure warrant. Before demanding an inspection of crewmembers examined and passed, the 162.12 Service of search warrant. any importer’s books, correspondence, or district director or special agent in 162.13 Search of rooms not described in records pursuant to section 511, Tariff charge believes that sufficient grounds warrant. Act of 1930, as amended (19 U.S.C. 1511), exist to justify the continuance of Cus 162.14 Removal of letters and other which authorizes such inspections and documents. toms supervision of the vessel, the com 162.15 Receipt for seized property. the prohibition of importations of mer manding officer of the vessel shall be ad chandise or the withholding of delivery vised accordingly. Subpart C— Seizures of merchandise for an importer failing to permit a duly accredited officer to in (Secs. 455, 581, 46 Stat. 716, as amended, 747, 162.21 Responsibility and authority for as amended; 19 U.S.C. 1455, 1581) seizures. spect books, correspondence, or other 162.22 Seizure of conveyances. records, the investigating officer shall §162.4 Search for letters. present a written request for such in Subpart D— Procedure When Fine, Penalty or A Customs officer may search vessels spection signed by the Commissioner of Forfeiture Incurred for letters which may be on board or may Customs, Regional Commissioner of have been conveyed contrary to law on 162.31 Notice of fine, penalty or forfeiture Customs, district director of Customs, or incurred. board any vessel or on any post route, 162.32 Where petition for relief not filed. judge of the U.S. Customs Court. and shall seize such letters and deliver (Sec. 511, 46 Stat. 733 as amended; 19 U.S.C. them to the nearest post office or detain Subpart E— Treatment of Seized Merchandise 1511) them subject to the orders of the postal 162.41 Merchandise entered by false invoice, authorities. declaration, other document or § 162.2 Examination of importer and statement subject to forfeiture. others. (Secs. 904, 905, 74 Stat. 587; 39 U.S.C. 904, 162.42 Proceedings by libel. The citation-of a person to appear and 905) 162.43 Appraisement. testify pursuant to section 509, Tariff Act § 162.5 Search of arriving vehicles and 162.44 Release on payment of appraised value. of 1930, as amended (19 U.S.C. 1509), aircraft. 162.45 Summary forfeiture where value not authorizing such examination, shall be in A Customs officer may stop any ve over $2,500: Notice of seizure and writing and signed by the district direc hicle and board any aircraft arriving in sale. tor. It shall indicate clearly the mer the United States from a foreign Country 162.46 Summary forfeiture where value chandise or entries concerning which the not over $2,500: Dispostion of for the purpose of examining the mani examination will be held and the docu fest and other documents and papers and goods. ments required to be presented. It shall 162.47 Claim for property subject to sum- examining, inspecting, and searching the ..mary forfeiture. be addressed to the person to be ex vehicle or aircraft. 162.48 Summary sale of perishable and amined and shall state the specific time when and place where his personal ap (Sec. 581, 46 Stat. 747, as amended, sec. 1109, other property valued not over 72 Stat. 799, as amended; 19 U.S.C. 1581, 49 $2,500. pearance is required. Such citation shall U.S.C. 1509) 162.49 Forfeiture by court decree. be served in person or by registered or 162.50 Forfeiture by court decree: Disposi certified mail. § 162.6 Search of persons, baggage, and I tion. merchandise. 162.51 Disposition of proceeds of sale of (Sec. 509, 46 Stat. 733, as amended; 19 U.S.C. forfeited property. 1509) All persons, baggage, and merchandise I § 162.3 Boarding and search of vessels. arriving in the Customs territory of the I Subpart F— Controlled Substances, Narcotics, and United States from places outside I Marihuana (a) General authority. A Customs of thereof are liable to inspection and I 162.61 Importing and exporting controlled ficer, for the purpose of examining the search by a Customs officer. District d i-1 substances. manifest and other documents and rectors and special agents in charge are I 162.62 Permissible controlled substances on papers and examining, inspecting and authorized to cause inspection, exam i-1 vessels, aircraft and individuals. searching the vessel, may at any time go nation, and search to be made under sec-1 162.63 Arrests and seizures. on board: tion 467, Tariff Act of 1930, as amended I 162.64 Custody of controlled substances. (1) Any vessel at any place in the 162.65 Penalties for failure to manifest United States or within the Customs (19 U.S.C. 1467), of persons, baggage, or I narcotic drugs or marihuana. merchandise, even though such persons, I 162.66 Penalties for unlading narcotic drugs waters of the United States; or marihuana without a permit. (2) Any American vessel on the high baggage, or merchandise were inspected, I seas, when there is probable cause to be examined, searched, or taken on board I Authority : The provisions of this Part lieve that such vessel is violating or has the vessel at another port or place in the I 162 issued under 80 Stat. 379, R.S. 251, as violated the laws of the United States; amended, sec. 624, 46 Stat. 759, 5 U.S.C. 301, United States or the Virgin Islands, if I or 19 U.S.C. 66, 1624. The provisions of subpart such action is deemed necessary or 1 B also issued under sec. 595, 46 Stat. 752, as (3) Any vessel within a Customs- amended; 19 U.S.C. 1595. Statutory provisions enforcement area designated such under appropriate. interpreted or applied and additional author the provisions of the Anti-Smuggling Act (Secs. 461, 496, 46 Stat. 717, 727, as amended, I ity are cited in parentheses following the (Act of August 5, 1935, as amended, 49 sec. 11, 52 Stat. 1083, as amended; 19 U.S.G. ■ sections affected. Stat. 517; 19 U.S.C. 1701,1703-1711), but 1461, 1467, 1496) § 162.0 Scope. Customs officers shall not board a foreign vessel upon the high seas in contraven § 162.7 Search of vehicles, persons, or I This part sets forth the provisions for tion of any treaty with a foreign govern beasts. the inspection, examination, and search of persons, vessels, aircraft, vehicles, and ment, or in the absence of a special ar A Customs officer may stop, search, I merchandise involved in importation, for rangement with the foreign government and examine any vehicle, person, or I the seizure of property and the forfeiture concerned. beast, or search any truck or envelope I FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 PROPOSED RULE MAKING 4087 wherever found, in accordance with sec (c) Seizure by State official. If a dulyitself looking to the enforcement of such tion 3061 of the Revised Statutes (19 constituted State official has seized any liability. U.S.C, 482). merchandise, vessel, aircraft, vehicle, or (2) This exemption shall not in any other conveyance under provisions of the Subpart B— Search Warrants way be considered to relieve the master statutes of such State, such property of any such vessel or other person incur § 162.11 Authority to procure warrants. shall not be seized by a Customs officer ring such penalties from personal liabil unless the property is voluntarily turned Customs officers are authorized to pro ity for payment. over to him to be proceeded against (Sec. 1, 62 Stat. 717, secs. 459, 460, 594, 46 cure search warrants under the provi under the Federal statutes. sions of section 595, Tariff Act of 1930, as Stat. 717, as amended, 751, secs. 1, 3-8, 49 amended (19 U.S.C. 1595). However, a (r !s . 3061, secs. 561, 582, 602, 46 Stat. 747, Stat. 517, 518, 519, as amended, 520; 18 U.S.C. as amended, 748, 754, as amended; 19 U.S.C. 546, 19 U.S.C. 1459, 1460, 1594, 1701, 1703- Customs officer who is lawfully on any 482, 1581L1582, 1602) 1708) premises and is able to identify merchan dise which has been imported contrary to § 162.22 Seizure of conveyances. Subpart D— Procedure When Fine, law may seize such merchandise without (a) General applicability. If it shall Penalty, or Forfeiture Incurred a warrant. If merchandise is in a build appear to any officer authorized to board ing on the boundary, see § 123.71 of this conveyances and make seizures that § 162.31 Notice of fine, penalty, or for chapter, there has been a violation of any law feiture incurred. § 162.12 Service of search warrant. of the United States whereby a vessel, (a) Notice. Written notice of any fine vehicle, aircraft, or other conveyance, or penalty incurred as well as any liabil A search warrant shall be served in or any merchandise on board of or im ity to forfeiture shall be given to each person by the officer to whom it is issued ported by such vessel, vehicle, aircraft, party that the facts of record indicate and addressed. In serving a search war or other conveyance is liable to forfeit has an interest in the claim or seized rant, the officer shall leave a copy of the ure, the officer shall seize such convey property. The notice shall also inform warrant with the person in charge or ance and arrest any person engaged in each interested party of his right to ap possession of the premises, or in the ab such violation. Common carriers are ex ply for relief under section 618, Tariff sence of any person, the copy shall be empted from seizure except under cer Act of 1930, as amended (19 U.S.C. 1618), left in some conspicuous place on the tain specified conditions as provided for or any other applicable statute author premises searched. in section 594, Tariff Act of 1930 (19 izing mitigation of penalties or remis § 162.13 Search of rooms not described U.S.C. 1594). sion of forfeitures, in accordance with in warrant. (b) Facilitating importation contrary Part 171 of this chapter. When a Customs officer is acting un to law. Every vessel, vehicle, animal, air (b) Demand for deposit in case of der a warrant to search the rooms in a craft, or other conveyance which is being smuggled articles of small value. In the building occupied by persons named or or has been used in, or to aid or facili case of smuggled articles of small value, described in the warrant, no search shall tate, the importation, bringing in, un demand shall be made for immediate de be made of any rooms in such building lading, landing, removal, concealing, posit of an amount equivalent to the do which are not described in the warrant harboring, or subsequent transportation mestic value of the articles on account as occupied by such persons. of any article which is being, or has been of the liability to a penalty incurred as introduced or attempted to be introduced distinct from liability of the goods to for § 162.14 Removal of letters and other into the United States contrary to law, feiture. Such sum shall be deposited documents. shall be seized and held subject to for whether or not a petition for relief is Customs officers to whom a warrant feiture, and any person who directs, as filed in accordance with Part 171 of this is issued to search for and seize mer sists financially or otherwise, or is in any chapter. A demand for deposit need not chandise are without authority to re way concerned in any such unlawful ac be made in connection with any liability move letters and other documents and tivity shall be liable to a penalty equal to incurred by the master of a vessel under records, unless they themselves are in the value of the article or articles the provisions of section 453, Tariff Act struments of crime and are seized as an involved. of 1930, as amended (19 U.S.C. 1453). incident to a lawful arrest. (c) Common carrier clearance. Unless specifically authorized by law, clearance § 162.32 Where petition for relief not § 162.15 Receipt for seized property. of vessels within the common carrier filed. A receipt for property seized under a exception of section 594, Tariff Act of (a) Fines and penalties. If the person search warrant shall be left with the 1930 (19 U.S.C. 1594), shall not be re liable for a fine or penalty for any viola person in charge or possession of the fused for the purpose of collecting a fine tion of the Customs or navigation laws premises, or in the absence of. any per imposed upon the master or owner, un fails to petition for relief in accordance son, the receipt shall be left in some con less either of them was a party to the with Part 171 of this chapter, or pay or spicuous place on the premises searched. illegal act. The Government’s remedy in arrange to pay the penalty within 60 Subpart C— Seizures such cases is limited to an action against days from the date of mailing of the no the master or owner. tice of violation as provided in section § 162.21 Responsibility and ' authority (d) Retention of vessel or vehicle 162.31, the case shall be referred immedi for seizures. pending penalty payment. If a penalty ately to the U.S. attorney for appropriate (a) Seizures by Customs officers. Any is incurred under section 460, Tariff Act action unless other action is expressly Customs officer having reasonable cause of 1930, as amended (19 U.S.C. 1460), by authorized by the Commissioner of Cus to believe that any law, the enforcement a person in charge of a vessel or vehicle toms. However, if it appears that the of which is within the jurisdiction of the and the vessel or vehicle is not subject person liable for the penalty is absent Customs Service, has been violated by to seizure, such vessel or vehicle may be from the United States or during the 60- reason of which any property has be held by the district director under sec day period was absent for more than 30 come subject to forfeiture, shall seize tion 594, Tariff Act of 1930, until the days, the district director may withhold such property if available. A receipt for penalty incurred by the person in charge referral for a further reasonable time. seized property shall be given at the time has been settled. (b) Appraised value of seized property of seizure to the person from whom the (e) Maritime Administration vessels; exceeds $2,500. When the appraised value property is seized. exemption from penalty. (1) When a of seized property exceeds $2,500 and (b) Seizure by persons other than vessel owned or chartered under bareboat neither a petition for relief in accordance Customs officers. The district director charter by the Maritime Administration with Part 171 of this chapter nor an may adopt a seizure made by a person and operated for its account becomes li offer to pay the domestic value as pro other than a Customs officer if such dis able for the payment of a penalty in vided for in section 162.44 is made within curred for violation of the Customs reve trict director has reasonable cause to a reasonable time, the district director nue or navigation laws, clearance of the shall report the facts to the U.S. attorney believe that the property is subject to vessel shall not be withheld nor shall any for the judicial district in which the forfeiture under the Customs laws. proceedings be taken against the vessel seizure was made. FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 No. 39- A 4088 PROPOSED RULE MAKING (Secs. 603, 610, 46 Stat. 754, as amended, 755, praisement, in the same quantity or stantial interest in the seized property or as amended; 19 U.S.C. 1603, 1610) quantities as seized, and in the ordinary where it appears it would not be in the best interest of the United States to Subpart E— Treatment of Seized course of trade. If there is no market for the seized property at the place of accept. Merchandise appraisement, such value in the principal (c) Retention of property. The district § 162.41 Merchandise entered by false market nearest to the place of appraise director shall retain custody of the prop invoice, declaration, other document ment shall be reported. erty pending payment of the amount of or statement subject to forfeiture. (b) Property not under seizure. With the offer when the application is ap respect to property not under seizure, the proved. (a) Election to proceed against mer basis for the claim for forfeiture value chandise or value when forfeiture in (Sec. 614, 46 Stat. 757, as amended; 19 U.S.C. or for assessment of penalty is the do 1614) curred. When merchandise or the value mestic value as defined in paragraph (a) thereof is subject to forfeiture under sec of this section, except that the value shall § 162,45 Summary forfeiture where tion 592, Tariff Act of 1930, as amended be fixed as of the date of the violation. value not over $2,500: Notice of seiz (19 U.S.C. 1592) , including any article In the case of entered merchandise, the ure and sale. seized under the provisions of section date of the violation shall be the date of (a) Contents. The notice required by I 499, Tariff Act of 1930, as amended (19 the entry, or the date of the filing of the section 607, Tariff Act of 1930, as U.S.C. 1499), the district director may document, or the commission of the act amended (19 U.S.C. 1607), of seizure and elect to proceed against the merchandise forming the basis of the claim, which intent to forfeit and sell or otherwise or its domestic value. However, if the ever is later. dispose of according to law property not merchandise is in the possession of an (c) Prohibited importation. For the exceeding $2,500 in value shall: innocent purchaser, it shall not be seized. purpose of condemnation or forfeiture (1) Describe the property seized and In such cases, or when the merchandise only, the value of all seized merchandise, in the case of motor vehicles, specify the is not available for seizure, the district the importation of which is prohibited, motor and serial numbers; director shall proceed to recover the do shall be held not to exceed $2,500. How (2) State the time, cause, and place mestic value. ever, seized merchandise, the importa of seizure; (b) Claim for domestic value unpaid. tion of which is absolutely prohibited, (3) State that any person desiring to If a claim for domestic value is made by shall be appraised at its foreign-market claim the property must appear at a the district director, and it is not paid value, since such merchandise has no designated place and file with the district or settled as prescribed in this part or domestic value. director within 20 days from the date of Part 171 of this chapter, the claim shall (Secs. 606, 608, 46 Stat. 754, as amended, 755 the first publication of the notice a claim be forwarded to the U.S. attorney for ap as amended; 19 U.S.C. 1606, 1608) to such property and a bond in the sum propriate action. of $250, in default of which the property (c) Liability for duties unaffected by § 162.44 Release on payment of ap will be disposed of in accordance with forfeiture. When an entry covering mer praised value. the law; and chandise subject to the provisions of sec (a) Value exceeding $50,000. Any offer (4) State the name and place of resi tion 592, Tariff Act of 1930, as amended, to pay the appraised domestic value of dence of the person to whom any vessel has been made, it shall be liquidated and seized merchandise in order to obtain the or merchandise seized for forfeiture un the duties collected as though no for immediate release of property which was der the navigation laws belongs or is con feiture had been incurred. Appraisement seized under the Customs laws and ex signed, if that information is known to of the merchandise or liquidation of the ceeding $50,000 in appraised domestic the district director. entry shall not be withheld because of value, or which was seized under the (b) Publication. When the appraised the pending forfeiture proceedings. navigation laws, shall be in writing, ad value of any property in one seizure from When merchandise not covered by an dressed to the Commissioner of Customs, one person other than narcotics and dan entry is subject to section 592, Tariff Act signed by the claimant or his attorney, gerous drugs exceeds $250, the notice of 1930, as amended, a demand shall be and shall contain an asset to forfeiture shall be published in a newspaper of gen made on the importer for payment of and a waiver of further proceedings. It eral circulation in the Customs district the duty estimated to be due on such shall be submitted in duplicate to the dis and the judicial district in which the merchandise in addition to the seizure trict director for the district in which the property was seized for at least 3 suc of the merchandise or the demand for property was seized. Proof of ownership cessive weeks. In all other cases, the no forfeiture value. Any applicable internal shall be submitted with the application tice shall be published by posting in a revenue tax shall also be demanded un if the facts in the case make such action conspicuous place accessible to the pub less the merchandise iS'to be, or has been, necessary. lic in the customhouse nearest the place forfeited. (b) Value not over $50,000— (1) Au of seizure and in the customhouse at the § 162.42 Proceedings by libel. thority to accept offer. The district direc headquarters port for the Customs dis tor is authorized to accept a written offer trict, with the date of posting noted If seizure is made under a statute which pursuant to section 614, Tariff Act of thereon, and shall be kept posted for at provides that the property may be seized 1930, as amended (19 U.S.C. 1614), to pay least 3 successive weeks'. Articles of small and proceeded against by libel, the sum the appraised domestic value of property value of the same class or kind included mary forfeiture procedures set forth in seized under the Customs laws and to in two or more seizures shall be adver §§ 162.45, 162.46, and 162.47 do not ap release such property if : tised as one unit. ply. Such cases shall be referred to the (1) The appraised domestic value of (c) Delay of publication. Publication U.S. attorney. The district director may the seized property does not exceed request the U.S. attorney to seek a decree of the notice of seizure and intent to $50,000; summarily forfeit and dispose of goods of forfeiture providing for delivery of the (ii) The district director is satisfied property to the district director for sale valued not over $2,500 may be delayed that the claimant has, in fact, a substan for a period not to exceed 60 days in or other appropriate disposition, if such tial interest in the property; property is not to be retained for official those cases where the district director (iii) Entry of the seized property into has reason to believe that a petition for use. the commerce of the United States is not administrative relief in accord with Part I § 162.43 Appraisement. prohibited by law; and 171 of this chapter will be filed. (iv) The claimant or his attorney has (a) Property under seizure and sub executed an assent to forfeiture and a § 162.46 Summary forfeiture where I ject to forfeiture. Seized property shall value not over $2,500: Disposition of I be appraised as required by section 606, waiver of further proceedings on Customs goods. Tariff Act of 1930, as amended (19 U.S.C. Form 4607. (2) Referral of offer. The district di (a) General. If no petition for relief I 1606). The term “domestic value” as used from the forfeiture is filed in accordance I therein shall mean the price at which rector shall refer to the Commissioner of Customs any offer where it appears with the provision of Part 171 of this I such or similar property is freely offered chapter, or it a petition was filed and I for sale at the time and place of ap- that the claimant does not have a sub FEDERAL REGISTER, VOL. 37, NO. 39- SATURDAY, FEBRUARY 26, 1972 PROPOSED RULE MAKING 4089 has been denied, and the property is not List or schedule containing a particular the sale of such property, or if the Com retained for official use, it shall be dis description of seized article, claim for which missioner of Customs is of the opinion posed of in accordance with section 609, is covered by the within bond, to wit: that the sale of forfeited property may Tariff Act of 1930, as amended (19 U.S.C. be made more advantageously in another 1609). The foregoing list is correct. Customs district, application may be (b) Articles required to be inspected ______.______Claimant made to the court to permit disposition by other Government agencies. Before Attest: in accordance "with the provisions of sec seized drugs, insecticides, seeds, plants, tion 611, Tariff Act of 1930 (19 U.S.C. nursery stock, and other articles re 1611). If the court permits such disposi quired to be inspected by other Govern (c) Claimant not entitled to posses tion, the property shall be moved to and ment agencies are sold, they shall be in sion. The filing of a claim and the giv sold in such other district as the Com spected by a representative of such ing of a bond pursuant to section 698, missioner may direct provided it has agency to ascertain whether or not they Tariff Act of 1930, shall not be construed been cleared for sale. meet the requirements of the laws and to entitle the claimant to possession of (c) Destruction—( 1) Proceeds of sale regulations of that agency, and if found the property. Such action only stops the not sufficient. Property forfeited under a not to meet such requirements, they shall summary forfeiture proceeding. decree of any court may be destroyed if be destroyed forthwith. (d) R eport to the U.S. attorney. When it is provided in the decree of forfeiture (c) Sale— (1) General. If the forfeited the claim and bond are filed within the that the property shall be delivered to property is cleared for sale, it shall be 20-day period, the district director shall the Secretary of the Treasury or the sold in accordance with the applicable report the case to the U.S. attorney for Commissioner of Customs for disposi provisions of Part 20 of this chapter. The the institution of condemnation tion in accordance with section 611, district director may postpone the sale proceedings. Tariff Act of 1930 (19 U.S.C. 1611). of small seizures until he believes the (2) For protection of the revenue. Any (Sec. 608, 46 Sfea/t. 755, as amended; 19 U.S.C. proceeds of a consolidated sale will pay 1608) vessel or vehicle forfeited under a decree all expenses. of any court for violation of any law re (2) Transfer to another district for § 162.48 Summary sale of perishable specting the Customs revenue may be sale. Property shall be moved to and and other property valued not over destroyed in lieu of sale when such de sold in such other Customs district as $2,500. struction is authorized by the Commis the Commissioner of Customs may direct Seized property which is perishable or sioner of Customs to protect the reve pursuant to the provisions of section 611, otherwise enumerated in section 612, nue if it is provided in the decree of for Tariff Act of 1930 (19 U.S.C. 1611), if: Tariff Act of 1930, as amended (19 U.S.C. feiture that the property shall be de (i) The laws of a State in which prop 1612), and is valued at not over $2,500 livered to the Secretary of the Treasury erty is seized arid forfeited prohibit the shall be advertised for sale and sold at or Commissioner of Customs for disposi sale of such property; or public auction at the earliest possible tion under the provisions of 19 U.S.C. (ii) The Commissioner is of the opin date. The district director shall proceed 1705. ion that the sale of forfeited property to give notice by advertisement of the (Sec. 611, 46 Stat. 755, sec. 5, 49 Stat. 519; 19 may be made more advantageously in summary sale for such time as he con U.S.C. 1611, 1705) another Customs district. siders reasonable. This notice shall be (d) Destruction. If, after summary § 162.51 Disposition of proceeds of sale of sale only and not notice of seizure and of forfeited property. forfeiture of property is completed, it intent to forfeit. The proceeds of the appears that the proceeds of sale will sale shall be held subject to the claims of (a) Payment of expense incurred. Ex not be sufficient to pay the costs of sale, parties in interest in the same manner as penses incurred by Customs officers in the district director may order the the seized property would have been connection with seizures and forfeitures destruction of the property. Any vessel subject to such claims. shall be paid from the Customs appropri or vehicle summarily forfeited for viola ation. In the event that the forfeited tion of any law respecting the Customs (Sec. 612, 46 Stat. 756, as amended; 19 U.S.C. 1612) property has been authorized for transfer revenue may be destroyed in lieu of the to another Federal agency for official use, sale thereof when such destruction is § 162.49 Forfeiture by court decree. the receiving agency shall reimburse the authorized by the Commissioner of Cus Customs appropriation for the costs in toms to protect the revenue. (a) Report to the U.S. attorney. When it is necessary to institute legal proceed curred for moving and storing such prop (Secs. 609, 611, 46 Stat. 755, as amended, ings in order to forfeit seized property, erty from the date of seizure to the date sec. 5, 49 Stat. 519; 19 U.S.C. 1609, 1611, or to forfeit the value of property subject of delivery. If the property is cleared for 1705) to forfeiture, the district director or the sale, the Customs appropriation shall be § 162.47 Claim for properly subject to special agent in charge of the area in reimbursed from the proceeds of the sale summary forfeiture. volved shall furnish a report to the U.S. for all expenses paid from such appro attorney in accordance with the provi priation in connection with the seizure (a) Filing of claim. Any person desir and forfeiture of such property. ing to claim under the provisions of sec sions of section 603, Tariff Act of 1930, as amended (19 U.S.C. 1603). (b) Distribution of proceeds. If the tion 608, Tariff Act of 1930 (19 U.S.C. forfeiture and sale of property is pursu 1608), seized property not exceeding Ob) Bonding of seized property. When a claimant desires to file a bond for the ant to court proceedings, or the imposi $2,500 In value and subject to sum m ary release of seized property which is the tion of a fine or penalty results from a forfeiture, shall file a . claim to such subject of a court proceeding, he shall prosecution instituted in a civil or property with the district director within be referred to the U.S. attorney. The criminal case under the Customs laws, 20 days from the date of the first pub Government is entitled to recover the the sum recovered, after deducting all lication of the notice prescribed in sec penal sum of the bond if forfeiture is proper charges for marshal’s fees, court tion 162.45. then decreed. costs, and other similar costs, is payable (Sec. 201, 72 Stat. 1412; 26 U.S.C. 5688(c)) to the district director who shall dis (b) Bond for costs. The bond in the tribute it without delay in accordance penal sum of $250 required by sec § 162.50 Forfeiture by court decree: with section 613, Tariff Act of 1930, as tion 608, Tariff Act of 1930, to be filed Disposition. amended (19 U.S.C. 1613). with a claim for seized property shall (a) Sale. Forfeited property decreed Subpart F— Controlled Substances, be on Customs Form 4615. There shall by the court for sale or disposition by the Narcotics, and Marihuana be> endorsed on the bond a list or sched district director shall be disposed of in ule in substantially the following form the same manner as property summarily § 162.61 Importing and exporting con forfeited. (See § 162.46.) trolled substances. which shall be signed by the claimant in (b) Transfer to other districts for It shall be unlawful to import to or the presence of the witnesses to the bond, sale. If the laws of the State in which and attested by the witnesses: export from the United States any con property is seized and forfeited prohibit trolled substance or narcotic drug listed FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4090 PROPOSED RULE MAKING in schedules I through V of the Con Act of 1930, as amended (19 U.S.C. 1584), not specifically covered by a permit to trolled Substances Act (Sec. 202, 84 Stat. shall be assessed with respect to such unlade. 1247; 21 U.S.C. 812), unless there has narcotic drug or marihuana. For ready comparison there is an been compliance with the provisions of (b) Unmanifested narcotic drugs. nexed to this notice a parallel reference said Act, the Controlled Substances Im When an unmanifested narcotic drug is table showing the relation of sections in port and Export Act and the regulations found on board of, or after having been the proposed Parts 161 and 162 to 19 of the Bureau of Narcotics and Dan unladen from, a vessel or vehicle the CFR Part 23. gerous Drugs. penalties prescribed in section 584, Tariff Prior to the adoption of the revision, (Secs. 1002, 1003, 1007, 84 Stat. 1285, 1286, Act of 1930, as amended (19 U.S.C. 1584), consideration will be given any relevant 1288; 21 U.S.C. 952, 953, 957) shall be assessed. The penalty shall be data, views, or arguments which are sub applied without exception and without mitted in writing to the Commissioner § 162.62 Permissible controlled sub regard to any question of negligence or of Customs, Washington, D.C. 20226, and stances on vessels, aircraft, and indi responsibility. received not later than 60 days from the viduals. (c) Notice and demand for payment of date of publication of this notice in the Upon compliance with the provisions penalty. A written notice and demand for F ederal R egister. Written material or of the Controlled Substances Act (84 payment of the penalty for failure to suggestions will be available for public Stat. 1242; 21 U.S.C. 801), the Controlled manifest incurred under section 584, inspection in accordance with § 103.3(b) Substances Import and Export Act (84 Tariff Act of 1930, as amended (19 U.S.C. of the Customs regulations (19 CFR Stat. 1285; 21 U.S.C. 951), and the regu 1584), together with a copy of section 103.3(b)) at the Division of Regulations lations of the Bureau of Narcotics and 584, shall be sent to the master of the of the Bureau of Customs, Washington, Dangerous Drugs (21 CFR 301.28, 301.29, vessel or the person in charge of the vehi D.C. during regular business horns. 311.28), controlled substances listed in cle and to the owner of the vessel of vehicle. In the case of a vessel, if bond [seal] L eonard L ehman, schedules I through V of the Controlled Acting Commissioner of Customs. Substances Act may be held: has been given, the notice also shall be (a) On vessels engaged in interna sent to each surety. When a petition for Approved: February 16, 1972. tional trade in medicine chests and relief from such penalty has been filed in accordance with Part 171 of this E ugene T. R ossides, dispensaries. Assistant Secretary (b) In aircraft operated by an air car chapter, and a decision has been made thereon, the district director shall send of the Treasury. rier under a certificate or permit issued P arallel R eference T able by the Federal Aviation Administration notice of such-decision to the interested for stocking in medicine chests and first persons together with a demand for any (This table shows the relation of sections aid packets. payment required under the terms of in proposed Parts 161 and 162 to 19 CFR such decision. Part 23) (c) By an individual where lawfully (d) R eferral to the U.S. attorney. If Proposed Part 161 obtained for personal medical use or for the penalty incurred under section 584, is section 19 CFR section administration to an animal accompany not paid or a petition filed as provided ing him to enter or depart the United 1610 ------_____ New. in Part 171 of this chapter, or if payment 161.1 ______23.35. States. is not made in accordance with the deci 161.2(a) ____ — _____ 23.31 (a )-(c ). (Secs. 1002, 1006, 84 Stat. 1285,1288; 21 U.S.C. sion on a petition or a supplemental peti 161.2(b) ______23.31(d). 952, 956) tion, the district director shall refer the 161.3 ______23.21(a) ; 23.8 case to the U.S. attorney for appropriate 161.4 ______23.30. § 162.63 Arrests and seizures. _____ 23.26. action. 161.5 ______Arrests and seizures under the Con 161.11 ______23.27 (a ). (e) Withholding clearance of vessel. 161.12 ______23.27 (b ),(c ) trolled Substances Act (84 Stat. 1242, 21 Where a penalty has been incurred un and (e). U.S.C. 801) and the Controlled Sub der section 584, Tariff Act of 1930, as 161.13 ,______stances Import and Export Act (84 Stat. amended, for failure to manifest narcotic 161.14______23.27 (d). 1285, 21 U.S.C. 951), shall be handled in drugs, clearance of the vessel involved 161.15 ______the same manner as other Customs ar shall be withheld until the penalty is paid 162.0 ______rests and seizures. Controlled substances or a bond satisfactory to the district di 162.1 ------_____ 23.28. imported contrary to law shall be seized 162.2 —______23.29. rector is given for the payment thereof 168.3(a) ______23.1(a). and forfeited in the manner provided in unless 162.3(b) ______23.1(c). sections 607 and 608, Tariff Act of 1930, (1) The narcotics were discovered in a 162.4 ______23.1(c). as amended (19 U.S.C. 1607, 1608). (See passenger’s baggage and the district 162.5 ______23.1(d). §§ 162.42 and 162.45.) director is satisfied that neither the 162.6 ______23.1(e). (Sec. 511(d), 1016, 84 Stat. 1277, 1291; 21 master nor any of the officers nor the 162.7 —...... - ______23.1(d). U.S.C. 881(d), 966) owner of the vessel knew or had any 162.11 ------______New; 23.11(g). 162.12 ______23.11 (e) and (f) § 162.64 Custody of controlled sub reason to know or suspect that the nar 162.13 ______23.11(d). stances. cotics had been on board the vessel, or 162.14 ______23.11(c). (2) Prior authority for the clearance 162.15 ______23.11(a). All controlled substances seized by a without payment of the penalty or the 162.21(a) ______23.11(a). Customs officer shall be delivered im furnishing of the bond is obtained from 162.21(b) ______23.11(a). mediately into the custody of the district the Bureau. 162.21(c) ______^ 23.11(b). director in whose district the seizure is 162.22 ______23.3 (a )-(d ); (Sec. 584, 46 Stat. 748, as amended, secs. 1010, 23.10. made, together with a full report of the 1011, 84 Stat. 1290; 19 U.S.C. 1584, 21 U.S.C. circumstances of the seizure. 162.31(a) — ------960, 961) 162.31(b) ______23.23(b). (Sec. 511(d), 1016, 84 Sat. 1277, 1291; 21 § 162.66 Penalties for unlading narcotic 162.32(a) ;------_____ 23.23(c). U.S.C. 881(d ),966) drugs or marihuana without a permit. 162.32(b) ------_____ 23.21(b). 162.41(a)------___ _ 23.6 (a) and (c). § 162.65 Penalties for failure to mani In every case where a narcotic drug 162.41(b)______23.6(b). fest narcotic drugs or marihuana. or marihuana is unladen without a per 162.41(C)------_____ 23.6(d). (a) Cargo or baggage containing un mit, the penalties prescribed in section 162.42------___ 23.17(d). manifested narcotic drugs or marihuana. 453, Tariff Act of 1930, as amended (19 162.43(a)______. 23.12 (a) and (b) 1 62.43(b )______23.12(e). When a package of regular cargo or a U.S.C. 1453) , shall be assessed. Penalties 162.43(c)______23.12 (d) and (c) passenger’s baggage otherwise properly shall be assessed under this section when 162.44(a)------_____ 23.14(b). manifested is found to contain any nar a package of regular cargo or a passen 162.44(b)------. 23.14(a). cotic drug or marihuana imported for ger’s baggage otherwise covered by a 162.44(C)______.. 23.14CM. sale or other commercial purpose and not permit to unlade is found to contain any 162.45(a)______. 23.16(a). shown as such on the manifest, the narcotic drug or marihuana imported 162.45(b)______. 23.16(a). penalties prescribed in section 584, Tariff for sale or other commercial purpose and 162.45(C)______New. FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 PROPOSED RULE MAKING 4091 Proposed Part 162 container may measure smaller than 2.32 paragraphs (i-1), and (o-l). are added, section 19 CFR section inches in diameter. paragraph (q) is revised, and a new 162.45(d)------New. (b> As used in this section “handle”, paragraph (q-1) is added, as follows: 162.46(a)------23.17(a). “handler”, and “District 3” each shall 162.46(b)------23.16(b). § 220.2 Definitions. 162.46(c)(1)------23.17 (b) and (c) have the same meaning as when- used * ' * * f * in the said amended marketing agree 162.46(C) (2 )------23.19(a). (b) [Revoked] 162.46(d)------23.19 (b) and (c) ment and order. * * * * * 162.47(a)------New. All persons who desire to submit 162.47(b)------23.13(a). (f) “Cost of obtaining food” means 23.13(b). written data, views, or arguments for 162.47(c)------consideration in connection with the pro the cost of obtaining agricultural com 162.47(d)------23.21(c). modities and other food for consump 162.48 ______23.18. posed regulation shall file same, in 162.49(a)------23.21(a). quadruplicate, with the Hearing Clerk, tion by children during any fiscal year. 162.49(b)------23.22. U.S. Department of Agriculture, Room Such costs may include, in addition to 162.50(a)------New. 112, Administration Building, Washing the purchase price of agricultural com 162.50(b)------23.19(a). ton, D.C. 20250, not later than the 7th day modities and other food, the cost of proc 1 6 2 .5 0 (c)------23.19(b). after publication of this notice in the essing, distributing, transporting, stor 23.20 (a) and (b) 162.51------F ederal R egister. All written submis ing, or handling any food purchased for, 162.61______23.9 (i) and (k). or donated to, the School Breakfast 162.62______23.9(h). sion’s made pursuant to this notice will 162.63 ------23.9(b). be made available for public inspection Program. 162.64______23.9(j). at the office of the Hearing Clerk diming 4c $ 1 * 4c 4< 162.65(a)______23.9(b). regular business hours (7 CFR 1.27(b)). (i-1) “Free breakfast” means a break 162.65(b)------23.9(a). fast for which neither the child nor any 162.65(C)------23.9 (f) and (g ). Dated: February 23,1972. 162.65(d)------23.9(f). member of his family pays or is required P aul A. Nicholson, 162.65(e)______23.9(e). to work in the school or in the school’s 162.66______23.9 (c) and (d). Deputy Director, Fruit and Veg food service. etable Division, Consumer and 4c 4c 4c 4c 4c [PR Doc.72-2941 Piled 2-25-72; 8:54 am] Marketing Service. (o) “Participation rate” means a [FR Doc.72-2947 Filed 2-25-72;8:54 am] number equal to the number of lunches meeting the minimum requirements pre DEPARTMENT OF AGRICULTURE scribed for a Type-A lunch in § 210.10 Food and Nutrition Service of this chapter served in the fiscal year Consumer and Marketing Service beginning 2 years immediately prior to [ 7 CFR Part 908 1 [ 7 CFR Part 220 ] the fiscal year for which the funds are appropriated, by schools participating VALENCIA ORANGES GROWN IN SCHOOL BREAKFAST AND NON in the program as determined by the ARIZONA AND DESIGNATED PART FOOD ASSISTANCE PROGRAMS Secretary. OF CALIFORNIA AND STATE ADMINISTRATIVE EX (o-l) “Reduced price breakfast” PENSES means a breakfast which meets all of the Proposed Size Regulation following criteria: (1) The price shall be Proposed School Eligibility Criteria Notice is hereby given that the Depart less than the full price of the breakfast, ment is considering a proposed size and Reimbursement Rates (2) the price shall not exceed 10 cents, and (3) neither the child nor any mem regulation for Valencia oranges grown Notice is hereby given that the Food in Arizona and designated part Of Cali ber of his family shall be required to and Nutrition Service, Department of supply an equivalent value in work for fornia, pursuant to the applicable pro Agriculture, intends to amend the regu visions of the marketing agreement, as the school or the school’s food service. lations governing the operation of the 4c - 4c 4c 4c 4c amended, and Order No. 908, as amended School Breakfast Program for the pur (7 CFR 908) regulating the handling of pose of implementing the Child Nutrition (q) “School” means an educational Valencia oranges grown in Arizona and Act of 1966, as amended by Public Law unit of high school grade or under oper designated part of California. This regu 92-32, and for other purposes. Com ating under public or nonprofit private latory program is effective under the ments, suggestions or objections are in ownership in a single building or com Agricultural Marketing Agreement Act vited and may be delivered within 30 plex of buildings and, with respect to of 1937, as amended (7 U.S.C. 601-674). days after publication hereof to Her Puerto Rico, also includes a nonprofit The proposed regulation was proposed bert D. Rorex, Director, Child Nutrition child-care center certified as such by the by the Valencia Orange Administrative Division, Food and Nutrition Service, Governor of Puerto Rico. The term “high Committee, established under said U.S. Department of Agriculture, Wash school grade or under” includes classes of amended marketing agreement and order ington, D.C. 20250, or submitted by mail preprimary grade when they are con as the agency to administer the terms postmarked not later than the 30th day ducted in a school having classes of pri and provisions thereof. The proposed after publication hereof. Communica mary or higher grade, or when they are regulation would limit the handling of tions should identify the section and recognized as a part of the educational Valencia oranges grown in District 3 to paragraph on which comments, etc., are system in the State, regardless of Valencia oranges measuring 2.32 inches offered. whether such preprimary grade classes or larger. are conducted in a school having classes All comments, suggestions, or objec The proposed regulation is as follows: of primary or higher grade. tions will be considered before the final (q-1) “School Food Authority” means § 908.675 Valencia Orange Regulation amendments are published. All written the governing body which is responsible 375. submissions received pursuant to this notice will be made available for public for the administration of one or more (a) Order: From March 17, 1972, schools and which has the legal author through January 15, 1973, no handler inspection at the Office of Director, Child Nutrition Division, during the reg ity to operate a breakfast program shall handle any Valencia oranges, grown therein. The term “School Food Author in District 3, which are of a size smaller ular business hours (8:30 a.m. to 5 p.m.) (7 CFR 1.27 (b )). ity” also includes a nonprofit agency to than 2.32 inches in diameter, which shall which such governing body has delegated be the largest measurement at a right The proposed amendments, with the authority for the operation of a break angle to a straight line running from proposed effective date as stated, are as fast program in a school. stem to the blossom end of the fruit: follows: * 4s 4* 4t * Provided, That not to exceed 5 percent, 1. In § 220.2, paragraph (b) is revoked, 2. In § 220.4, paragraph (a) is revised, by count, of the oranges in any type of paragraphs (f) and (o) are revised, new as follows: FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4092 PROPOSED RULE MAKING § 220.4 Apportionment of funds to ice under the program; (2) the estimated special need for improving the nutri States. avearge daily enrollment; (3) the full tion and dietary practices of children of working mothers and children from low (a) Except when otherwise authorized breakfast price to be charged and the reduced price to be charged children income families. If sufficient funds are by law, any Federal funds made avail eligible for reduced price breakfasts; (4) available, consideration shall be given to able for the purposes of section 4 of the if the school is not particpating in the other schools. Act for any fiscal year shall be. appor National School Lunch Program, the ¡k ' $ & $ * tioned among the States in accordance estimated number of children in such with the provisions of section 4 of the (e) Each School Food Authority for school who will be eligible for free and schools selected for participation in the Act. reduced price breakfasts under the eligi * $ * * * School Breakfast Program shall enter bility standards proposed in the free and into a written agreement with the State 3. Section 220.5 is amended to delete reduced price policy statement submitted Agency on a form approved by FNSRO, the word “schools” in the second and for approval. The application shall also or, in those States in which FNSRO ad fifth sentences and substitute in heu include such information as is necessary ministers the breakfast program with thereof the words “School Food Author to determine if each of the schools in respect to nonprofit private schools, each ities”. The first sentence of this section cluded in the application should be given School Food Authority for such private is revised, as follows: first consideration under the provisions schools shall enter into a written agree of paragraph (e) of this section. Such § 220.5 Payments to States. ment with the Department. Such agree information shall include if applicable: ments shall provide that the School Food Funds apportioned or allocated to any (i) Data to demonstrate that the appli Authority shall, with respect to par State for the School Breakfast Program, cant school draws its attendance from ticipating schools under its jurisdic except funds withheld for nonprofit pri areas in which poor economic conditions tion: * * * (4) .supply breakfasts with vate schools, shall be made available by exist, including but not limited to, per out cost or at reduced price to all chil means of Letters of Credit issued by tinent data from Model City target areas dren who are determined by the School FNS to appropriate Federal Reserve within the community, departments of Food Authority to be unable to pay the Banks in favor of the State Agency. * * * welfare, zoning commissions, census full price thereof in accordance with the § 220.6 [Amended] tracts, or the school system itself; (ii) free and reduced price policy statements data to demonstrate that the school has approved under Part 245 of this chap 4. Section 220.6 is amended to delete a substantial portion of enrolled chil ter; * * * (12) * * * (i) * * * (b) daily the word “schools” and substitute in lieu dren who travel long distances daily in number of breakfasts served free and thereof “School Food Authorities”. cluding, but not limited to, the percent daily number of breakfasts served 5. In § 220.7, paragraph (d) is age of such children whose travel time to at a reduced price to children meet amended to delete the word “school” school is between 30 minutes and 1 hour ing the school’s approved eligibility wherever it appears and to substitute in and the percentage of such children standards * * * lieu thereof the words “School Food Au whose travel time to school exceeds 1 (f) * * * The School Food Authority thority”; and to delete the words “at hour; and (iii) data to demonstrate that of the school in which the breakfast pro tendance units” and substitute therefor there is or is not a special need for im gram is operated may request reimburse the word “schools”; and paragraphs (a), proving the nutrition and dietary prac ment in connection with all the break FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 PROPOSED RULE MAKING 4093 breakfasts if it is an especially needy which participated in the preceding fis Breakfast Program to a School Food school. An especially needy school is one cal year. Authority in an amount equal to the which establishes to the satisfaction of (b~3) Each 'fiscal year, promptly fol reimbursement estimated for the total the State Agency, or FNSRO where ‘ap lowing the receipt of Claims for Reim number of breakfasts, including free and plicable, that it would be financially un bursement covering operations for the reduced price breakfasts, to be served able to support the service of such free month of November and for such later to children for 1 month. The advance and reduced price breakfasts at the months as is necessary, each State may be made not more than 30 days maximum rates set forth in paragraph Agency, or FNSRO where applicable, prior to the last day of the month for (b) of this section because of: (1) The shall revise its estimates of the total which reimbursement is estimated. The need to serve an especially high percent number of breakfasts eligible for reim State Agency, or FNSRO where applica age of such free and reduced price break bursement to be served in participating ble, shall make necessary downward ad fasts; or (2) unusual costs required to schools in such fiscal year. Based upon justments in a subsequent Claim(s) for provide a breakfast in the school in spite such revised estimates, each State Reimbursement submitted by the School of the observance of good management Agency, or FNSRO where applicable, Food Authority for the fiscal year to practices; or (3) other unusual factors shall make such adjustments in assigned insure that the total amount of reim indicative of a special financial need. The rates of reimbursement as are necessary bursement received by the School Food State Agency, or FNSRO where appli to permit reimbursement from such Authority for the fiscal year is based on cable, shall determine that the impact of funds for the total number of such the number of breakfasts, including the such factors on the per-breakfast cost breakfasts it is estimated will be served free and reduced price breakfasts, of providing a breakfast in the school is in participating schools in the State in served to children times the respective such that it is financially unable to sup such fiscal year. rates of reimbursement assigned by the port the service of such free and reduced (c) Schools participating in the State Agency, or FNSRO where appli price breakfasts after taking into con School Breakfast Program shall be re cable, in accordance with § 220.9. sideration the per-breakfast revenues imbursed on the basis of the number of § 220.14 [Amended] available from School Breakfast Pro breakfasts served in school to children gram reimbursement, from State and lo times t*he assigned rate, except that 9. In § 220.14, paragraph (a) is cal revenues, including revenues from the schools not approved for a rate higher amended to add the words “the School sale of fully paid and reduced price than 20 cents for a free breakfast and Food Authority of” immediately before breakfasts, and from the effective utiliza 15 cents for a reduced price breakfast the words “any nonprofit private school” tion of commodities available under may not be reimbursed in an amount ex and paragraph (b) is amended to delete Part 250 of this chapter. The State ceeding the cost of obtaining food during the word “school” and substitute in lieu Agency, or FNSRO where applicable, the fiscal year. thereof the words “School Food Author ity.” shall also determine to its satisfaction § 220.10 [Amended] that revenues available to support the § 220.15 [Amended] service of breakfasts sold at regular 7. Section 220.10 is amended to delete prices in the school are sufficient to cover the word “schools” and substitute in lieu 10. Section 220.15 is amended to add the cost of such service.-Upon such de thereof the words “School Food Authori the words “the School Food Authorities terminations, the State Agency, or ties.” of” Immediately before the word FNSRO where applicable, may assign 8. In § 220.11, paragraph (a) is amend “schools,” and to add the words “pur ed to delete the word “schools” and sub chase or rental of” after the words rates of reimbursement which are in ex “cost of.” cess of the rates specified in paragraph stitute in lieu thereof the words “School (b) of this section and which, together Food Authorities,” and paragraph (c) 11. In § 220.16, paragraphs (a), (b), with revenues available from other is amended to delete the word “school” and (c) are revised, as follows: sources, will finance up to 100 per centum the first time it appears and substitute § 220.16 Requirements for participa of the cost of operating the school’s non in lieu thereof the words “School Food tion. Authority”; and paragraph (b) is re profit breakfast program: Provided, how (a) The School Food Authority shall ever, That the total reimbursement shall vised and a new paragraph (d) is added, as follows: make written application to the State not exceed 25 cents for each free break Agency, or FNSRO where applicable, for fast and 20 for each reduced price break §220.11 Reimbursement procedure. any school which it desires to participate fast served in school to children eligible ***** in the Nonfood Assistance Program. Ap for such breakfasts. The State Agency, (b) Except as otherwise provided in plications shall include the name and or FNSRO where applicable, shall main paragraph (c) of this section, the Claim address of the School Food Authority tain on file for review the data to support for Reimbursement shall include the fol and of each school in which the Non its determination that a school is an lowing items: (1) The month and year food Assistance Program will be op especially needy school. for which claim is made; (2) the name erated, and the following information (b-2) Within the maximum rates of and address of the School Food Authority with respect to each such school: (1) reimbursement set forth in paragraphs and of each school in which the School Data to demonstrate that the school (b), (b—1), and .(c) of this section, in Breakfast Program operated; (3) the draws its attendance from areas in each fiscal year, the State Agency, or average daily attendance; (4) the num which poor economic conditions exist, FNSRO where applicable, shall initially ber of days that breakfasts were served; including, but not limited to, pertinent assign rates of reimbursement at levels (5) the total number of breakfasts data from Model City target areas with which will permit reimbursement from served; (6) the total number of break in the community, departments of wel funds available under § 220.4 for the total fasts served at a reduced price to chil fare, zoning commissions, census tracts, number of breakfasts eligible for reim dren meeting the school’s eligibility or the school system itself; (2) a detailed bursement, including free and reduced standards for such breakfasts; (7) the description of the type(s) of equipment price breakfasts, which it is estimated total number of • breakfasts served free needed to provide a food service to the will be served in participating schools in to children meeting the school’s eligi children; (3) in addition, if the school has the States in such fiscal year. At a mini bility standards for such breakfasts; (8) some equipment, a list of the equipment mum, the estimate of the number of such the amount of reimbursement claimed; which is grossly inadequate and the im breakfasts to be served in a fiscal year pact of inadequacies or lack of equipment shall take into account the estimated (9) the cost of obtaining food; and (10) on the effectiveness of the school’s food number of such breakfasts to be served in income from the sale of breakfasts. service program, including, but not schools which are expected to apply and * * * * * limited to, the inability to serve par ticipating children under a timely or be approved for participation in the (d) Notwithstanding any other pro School Breakfast Program during such reasonable schedule, the inability to ef vision of this section, the State Agency, fectively utilize commodities donated fiscal year and the estimated number of or FNSRO where applicable, may ad under Part 250 of this chapter, or the such breakfasts to be served in schools vance funds available for the School inability to provide the variety or types FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4094 PROPOSED RULE MAKING of food to meet ethnic, religious, or funds, or the residual value thereof, shall § 220.25 Claims against School Food physical needs of children enrolled in revert to the United States). Authorities. the school; (4) the vendor’s statement * * * * * * * * * * on the estimated rental or purchase 12. In § 220.18, paragraph (a) is (g) With respect to School Food Au cost(s) of such equipment, including in amended to delete the word “schools” thorities of schools in which the program stallation; (5) if the equipment is to be and substitute in lieu thereof the words is administered by FNSRO, when rented, the reasons why the school does “School Food Authorities”, paragraph FNSRO disallows a claim or a portion not find that the purchase of such equip (b) is amended to delete the word of a claim, or makes a demand for re ment would be more advantageous; (6) “school’s” and substitute in lieu thereof fund of an alleged overpayment, it shall the anticipated delivery and installation the words “School Food Authority’s”, and notify the School Food Authority of the date; (7) a description of the source of paragraph (c) is amended to delete the reasons for such disallowance or demand the State or local funds which will be word “school” and substitute in lieu and the School Food Authority shall used to meet a share of the cost of the thereof the words “School Food Author have full opportunity to submit evidence equipment obtained under the Nonfood ity”; and subparagraph (1) of paragraph or to file reclaims for any amounts dis Assistance Program, and the manner in (a) is revised as follows: allowed or demanded in the same man which payment will be made to the ner afforded in this section to School vendor; and (8) the names and address § 220.18 Reimbursement procedure. Food Authorities of schools in which the of any schools under the jurisdiction of (a) * * * (1) The name and address of program is administered by State the School Pood Authority which will be the School Food Authority and of each Agencies. served by the school in which the Non school participating in the Nonfood ♦ * * * * food Assistance Program will be op Assistance Program; * * * 17. In § 220.28, paragraph (a) is erated, the average daily attendance of * * * * * each school, and data to demonstrate amended to delete the word “school” and that such schools do or do not draw § 220.21 [Amended] substitute in lieu thereof the words their attendance from areas in which 13. In § 220.21, paragraph (a) is “School Food Authority”, and para poor economic conditions exist. amended to delete the words “local school graph (b) is revised to read as follows: (b) A school shall be selected for par districts” and substitute in lieu thereof § 220.28 Other provisions. ticipation in the Nonfood Assistance the words “School Food Authorities and * * £ £ £ Program on the basis of: (1) The rela schools”, and paragraph (b) is amended tive need of the school for assistance in to add the words “School Food Authori /(b) Any or all of the provisions of this acquiring equipment based upon the in ties,” following the words “such distrib part may be withdrawn, or amended, at formation supplied for that school and uting agency to”. any time by the Department: Provided, for other schools in the application sub 14. Section 220.22 is revised to read as however, That any withdrawal or amend mitted by the School Food Authority; follows: ment shall not be made without due prior and (2) the amount of funds available to notice in writing to the State Agencies the State Agency, or FNSRO where ap § 220.22 State Agency justification for State administrative expense funds. and to the School Food Authorities of plicable. nonprofit private schools with respect to (c) The School Food Authority of FNS shall determine the amount of which the Program is administered by schools selected for participation shall State administrative expense funds FNSRO: And provided further, That no enter into a written agreement, on a needed by each State based on justifica change in the requirements for break form approved by CND, with the State tion for such funds as revealed in the fasts which increases food costs or which Agency, or FNSRO where applicable. State Agency plan of child nutrition decreases the maximum rates of reim The School Food Authority shall agree program operations submitted under bursement shall become effective less to: (1) Participate in the School Break § 210.4a of this chapter. than 60 days after publication of notice fast Program or the National School 15. In § 220.24, paragraph (a) is thereof, except when such changes are Lunch Program, or both; (2) if it partic amended to delete the word “schools” required by law. ipates only in the School Breakfast and substitute in lieu thereof the words * £ £ £ £ Program, work toward participating in “School Food Authorities” and para the National School Lunch Program; (3) graph (e) is amended to delete the word 18. In § 220.29, the opening sentence I maintain full and accurate records to ac “schools” and substitute in lieu thereof is amended to delete the word “Schools” I count for the receipt and use of all funds and substitute in lieu thereof the words I the words “School Food Authorities”; “School Food Authorities”; and para- I in connection with the equipment ac and paragraph Ca-1) is revised to read quired under the Nonfood Assistance graph (b) is revised to read as follows: as follows: Program; (4) if it is a School Food § 220.29 Program information. Authority of a nonprofit private school, § 220.24 Special responsibilities of State £ £ £ £ £ provide at least one-fourth of the pur Agencies. chase price of such equipment; (5) * * * * * Ob) In the States of Alabama, Florida, I if it is the School Food Authority of (a-1) Each State Agency, or FNSRO Georgia, Kentucky, Mississippi, North I a nonprofit private school, use such Carolina, Puerto Rico, South Carolina, I equipment principally in connection where applicable, shall require each Tennessee, Virginia, and the Virgin I with the school’s nonprofit feeding School Food Authority of a school par Islands: programs under the School Breakfast ticipating in the School Breakfast Pro Southeast Regional Office, FNS, TJ.S. Depart- I Program and under the National gram to develop and file for review a ment of Agriculture, 1100 Spring Street I School Lunch Program; (6) if it is written free and reduced price breakfast NW„ Atlanta, GA 30309. a School Food Authority of a nonprofit policy statement in accordance with Part £ £ £ £ £ private school, in the event such equip ment is no longer so used, transfer it with 245 of this chapter. Effective date: July 1, 1972. * * * * * the approval of the State Agency, or Note: The reporting and/or recordkeeping I FNSRO where applicable, to another 16. In § 220.25, the heading and para requirements contained herein have been ap- I School Food Authority of a nonprofit pri graphs (a), O b), and Of) are amended to proved by the Office of Management and I vate school participating in any programs delete the words “school” or “schools” Budget in acconlance with the Federal Re- I authorized by the Act or the National ports Act of 1942. wherever they appear and to substitute School Lunch Act, as amended, or to any Dated: February 23,1972. other school participating in any of the in lieu thereof the words “School Food programs authorized by such Acts (fail Authority” or “School Food Authorities”, R ichard E . L yng, ing either of these dispositions, that part respectively; and paragraph (g) is re Assistant Secretary. of such equipment financed with Federal vised to read as follows: [FR Doc.72-2951 Filed 2-25-72;8:54 am] FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 PROPOSED RULE MAKING 4095 (1) If subject to the labeling require DEPARTMENT OF HEALTH, ments of § 1.106(c) of this chapter the DEPARTMENT OF following warning statement: EDUCATION, AND WELFARE Warning: Clinical and experimental data TRANSPORTATION Food and Drug Administration have demonstrated that corticosteroids ad ministered orally or by injection to animals Federal Aviation Administration [ 21 CFR Part 135 1 may induce the first stage of parturition I 14 CFR Part 71 ] when administered during the last trimester CORTICOSTEROID DRUGS of pregnancy and may precipitate premature [Airspace Docket No. 72-CE-4] parturition followed by dystocia, fetal death, Labeling Requirements; Warning retained placenta, and metritis. TRANSITION AREA Statements (2) If intended for ihtramammary use, Proposed Designation Corticosteroid drugs for oral and in the following warning statement: The Federal Aviation Administration jectable use in animals are presently sub Warning: Studies have demonstrated that is considering amending Part 71 of the ject to labeling requirements under corticosteroids may cause abortion or prema Federal Aviation Regulations so as to § 135.101 of the new animal drug ture birth when given during the last third of pregnancy and also may lead to difficulty designate a transition area at Lebanon, regulations. The regulation cites cer in giving birth, death of fetus, retained after Mo. tain side effects from the use of these birth and infection of the uterus. Therefore, Interested persons may participate in drugs. New information reveals that use to prevent these side effects, this prepara the proposed rule making by submitting of corticosteroid-containing drugs . by tion should not be administered dining the such written data, views, br arguments as intramammary infusion has resulted in last third of pregnancy. they may desire. Communications should similar side effects in treated cattle. The label revisions described above be submitted in triplicate to the Director, Accordingly, the Commissioner of Pood should be placed into effect at the earliest Central Region, Attention: Chief, Air and Drugs has concluded that the label possible time and may be implemented Traffic Division, Federal Aviation Ad ing requirements for corticosteroid drugs without prior approval as provided for in ministration, Federal Building, 601 East presently provided for in § 135.101 should § 135.13a (d) and (e). 12th Street, Kansas City, MO 64106. All be revised to include warnings regarding (c) Approved new animal drug applicommunications received within 45 days these potentially serious side effects from cations which have not been supple after publication of this notice in the the use of corticosteroid drugs by intra- mented in accordance with paragraph F ederal R egister will be considered be mammary infusion. (b) of this section within 60 days follow fore action is taken on the proposed If the proposal as set' forth below is ing the date of publication of this state amendment. No public hearing is con adopted, all holders of new animal drug templated at this time, but arrangements ment of policy in the F ederal R egister applications deemed approved pursuant will be subject to provisions of section for informal conferences with Federal to section 512(c) of the Federal Pood, 512(e) of the Federal Food, Drug, and Aviation Administration officials may be Drug, and Cosmetic Act will be required Cosmetic Act. made by contacting the Regional Air to submit revised labeling within 60 days Interested persons may, within 60 days Traffic Division Chief. Any data, views, of issuance of a final order based upon or arguments presented during such con after publication hereof in the F ederal this proposal. ferences must also be submitted in writ R egister, file with the Hearing Clerk, Therefore, pursuant to provisions of Department of Health, Education, and ing in accordance with this notice in the Federal Pood, Drug, and Cosmetic Welfare, Room 6-88, 5600 Fishers Lane, order to become part of the record for Act (sec. 512, 82 Stat. 343-51; 21 U.S.C. Rockville, Md. 20852, written comments consideration. The proposal contained 360b) and under authority delegated to (preferably in quintuplicate) regarding in this notice may be changed in the him (21 CFR 2.120), the Commissioner this proposal. Comments may be accom light of comments received. proposes that § 135.101 be amended to panied by a memorandum or brief in A public docket will be available for read as follows; support thereof. Received comments may examination by interested persons in the § 135.101 Corticosteroids for oral, in be seen in the above office during working Office of the Regional Counsel, Federal jectable, and intramammary use in hours, Monday through Friday. Aviation Administration, Federal Build animals; warnings; labeling require ing, 601 East 12th Street, Kansas City, ments. Dated: February 15,1972. MO 64106. S am D. F in e, A new public use instrument approach (a) The Pood and Drug Administration procedure has been developed for the has received reports concerning side Associate Commissioner for Compliance. Jones Lebanon Airport, Lebanon, Mo. effects associated with the oral, inject Consequently, it is necessary to provide able and intramammary use of cortico [PR Doc.72-2905 Filed 2-25-72;8:50 am] controlled airspace protection for air steroid drugs in animals. The use of these craft executing this new approach pro drugs has resulted in premature parturi Social Security Administration cedure by designating a transition area tion when administered during the last at Lebanon, Missouri. trimester of pregnancy. Premature par [ 20 CFR Part 405 1 In consideration of the foregoing, the turition may be followed by dystocia, [Regs. 5] Federal Aviation Administration pro fetal death, retained placenta, and poses to amend Part 71 of the Federal metritis. These drugs, unless they are FEDERAL HEALTH INSURANCE FOR Aviation Regulations as hereinafter set intended for intramammary use are re forth: quired to carry the veterinary prescrip THE AGED tion legend and are subject to the label In § 71.181 (37 F.R. 2143), the follow Proposed Conditions for Coverage of ing transition area is added: ing requirements of § 1.106(c) of this Services of Independent Laboratories chapter. L ebanon, Mo. (b) In view of these potentially serious Correction That airspace extending upward from 700 feet above the surface within a 5-mile radius side effects, the Commissioner of Pood In F.R. Doc. 72-2298 appearing at page of the Lebanon, Mo., Airport located at lat and Drugs has concluded that the label 3492 in the issue of Wednesday, Febru itude 37°38'56'' N., longitude 92°39'06" W., ing on or within the package from which ary 16,1972, make the following changes: and within 3 miles either side of the 182° 1. In § 405.1305(a) (3) (ii), line 3, the bearing from the Lebanon Airport extending the product is to be dispensed, and any word “and” should read “or”. from 5 miles to 8.5 miles, and that airspace other labeling furnishing or purporting 2. In § 405.1315(c) (1), line 2, preced extending upward from 1,200 feet above the to furnish information for the use surface within 9.5 miles west and 4.5 miles ing “procedures” insert “laboratory”. east of the 182° bearing from the Lebanon of these preparations, should bear 3. In § 405.1315(d) (4), line 3, the word Airport extending from the airport to 18.5 conspicuously; “is” should read “in”. miles south. FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 No. 39- 4096 PROPOSED RULE MAKING This amendment is proposed under Issued in East Point, Ga., on Feb for airspace under its domestic the authority of section 307(a) of the ruary 14,1972. jurisdiction. Federal Aviation Act of 1958 (49, U.S.C. J ames G. R ogers, In accordance with Article 3 of the 1348), and of section 6(c) of the Depart Director, Southern Region. Convention on International Civil Avia ment of Transportation Act (49 U.S.C. [FR Doc.72-2866 Filed 2-25-72;8:47 am] tion, Chicago, 1944, state aircraft are 1655(c)). exempt from the provisions of Annex 11 and its Standards and Recommended Issued in Kansas City, Mo., on Feb [ 14 CFR Part 71 1 Practices. As a contracting state, the ruary 8,1972. United States agreed by Article 3(d) that J ohn M. Cyrocki, [Airspace Docket No. 71-SO—162] its state aircraft will be operated in in Director, Central Region. TRANSITION AREA ternational airspace with due regard for [FR Doc.72-2865 Piled 2-25-72;8:47 am] the safety of civil aircraft. Proposed Designation and Alteration Since these actions involve, in part, the The Federal Aviation Administration designation of navigable airspace outside [ 14 CFR Part 71 1 is considering amendments to Part 71 of the United States, the Administrator has [Airspace Docket No. 72-SO-13] the Federal Aviation Regulations that consulted with the Secretary of State would designate a transition area at and the Secretary of Defense in accord TRANSITION AREA Naples, Fla., and alter the 1,200-foot ance with the provisions of Executive Proposed Designation floor portion of the Florida transition Order 10854. area. In consideration of the foregoing, the The Federal Aviation Administration Interested persons may participate in Federal Aviation Administration (FAA) is considering an amendment to Part 71 the proposed rule making by submitting proposes to amend Part 71 of the Federal of the Federal Aviation Regulations that such written data, views, or arguments Aviation Regulations as hereinafter set would designate the McRae, Ga., transi as they may desire. Communications forth. tion area. should identify the airspace docket num Section 71.181 would be amended as Interested persons may submit such ber and be submitted in triplicate to the follows; written data, views, or arguments as they Director, Southern Region, Attention; 1. The Naples, Fla., transition area may desire. Communications should be Chief, Air Traffic Division, Federal would be added as follows: That airspace submitted in triplicate to the Federal Aviation Administration Post Office Box extending upward from 700 feet above Aviation Administration, Southern Re 20636, Atlanta, GA 30320. All communi the surface within a 6.5-mile radius of gion, Air Traffic Division, Post Office Box cations received within 30 days after the Naples Municipal Airport (lat. 26 °- 20636, Atlanta, GA 30320. All communi publication of this notice in the F ederal 09'10" N., long. 81°46'30" W .); within cations received within 30 days after R egister will be considered before ac 3 miles each side of the 041° and 228° publication of this notice in the F ederal tion is taken on the proposed amend bearings from the Naples RBN, extend R egister will be considered before action ments. The proposals contained in this ing from the 6.5-mile-radius area to 8.5 is taken on the proposed amendment. No notice may be changed in the light of miles northeast and southwest of the hearing is contemplated at this time, comments received. RBN. but arrangements for informal confer An official docket will be available for 2. The 1,200-foot floor portion of the ences with Federal Aviation Administra examination by interested persons at the Florida transition area would be altered tion officials may be made by contacting Federal Aviation Administration, Office to include the airspace 4.5 miles south the Chief, Airspace and Procedures of the General Counsel, Attention: Rules east of and 8.5 miles northwest of the Branch. Any data, views, or arguments Docket, 800 Independence Avenue SW., 228° bearing from the Naples RBN (lat. presented during such conferences must Washington, DC 20591. An informal 26°09'00" N., long. 81°46'31" W .), ex also be submitted in writing in accord docket also will be available for exami tending from the RBN to 18.5 miles ance with .this notice in order to become nation at the office of the Regional Air southwest of the RBN. part of the record for consideration. The Traffic Division Chief. The proposed Naples transition area proposal contained in this notice may be As parts of these proposals relate to and alteration of the Florida transition changed in light of comments received. the navigable airspace outside the United area are needed to provide controlled The official docket will be available for States, this notice is submitted in con airspace for two proposed instrument ap examination by interested persons at the sonance with the ICAO International proach procedures to the Naples Munici Federal Aviation Administration, South Standards and Recommended Practices. pal airport. ern Region, Room 724, 3400 Whipple Applicability of International Stand These amendments are proposed under Street, East Point, GA. ards and Recommended Practices by the the authority of sections 307(a) and 1110 The McRae transition area would be Air Traffic Service, FAA, in areas out of the Federal Aviation Act of 1958 (49 designated as: side domestic airspace of the United U.S.C. 1348(a) and 1510), Executive That airspace extending upward from 700 States is governed by Article 12 of and Order 10854 (24 F.R. 9565) and section feet above the surface within a 7-mile radius Annex 11 to the Convention on Interna 6(c) of the Department of Transporta of Telfair-Wheeler Airport (lat. 32°05'46” N., tional Civil Aviation, which pertain, to tion Act (49 U.S.C. 1655(c)). ' long. 82°52'55” W .); within 3 miles each side the establishment of air navigation facil Issued in Washington, D.C., on Febru of the 030° bearing from McRae RBN (lat. ities and services necessary to promoting 32°05'40" N.,.long. 82°53'02" W .), extending ary 16, 1972. the safe, orderly, and expeditious flow of H. B. H elstrom, from the 7-mile-radius area to 8.5 miles civil air traffic. Their purpose is to in northeast of the RBN. Chief, Airspace and Air ■ sure that civil flying on international air Traffic Rules Division. The proposed designation is required routes is carried out under uniform con to provide controlled airspace protection ditions designed to improve the safety [FRDoc.72-2867 Filed 2-25-72:8:47 ami for IFR operations at Telfair-Wheeler and efficiency of air operations. Airport. A prescribed instrument ap The International Standards and ENVIRONMENTAL PROTECTION proach procedure to this airport, utilizing Recommended Practices in Annex 11 ap ply in those parts of the airspace under the McRae (Private) Nondirectional the jurisdiction of a contracting state, ACENCY Radio Beacon, is proposed in conjunction derived from ICAO, wherein air traffic [ 41 CFR Part 15-9 1 with the designation of this transition services are provided and also whenever area. a contracting state accepts the responsi PATENTS, DATA, AND COPYRIGHTS bility of providing air traffic services This amendment is proposed under the Patents and Inventions authority of section 307(a) of the Fed over high seas or in airspace of undeter mined sovereignty. A contracting state Correction eral Aviation Act of 1958 (49 U.S.C. 1348 accepting such responsibility may apply (a)) and of section 6(c) of the Depart the International Standards and Rec In F.R. Doc. 72-2630 appearing at page ment of Transportation Act (49 U.S.C. ommended Practices to civil aircraft in 3764 in the issue for Saturday, Febru 1655(c)), a manner consistent with that adopted ary 19,1972, in Appendix A, paragraph G FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 PROPOSED RULE MAKING 4097 Withholding o f paym ent, second line, rectors, or beneficial owners of more than (9) The issuer continues to have at insert the word “not” following “does”. 10 percent of the stock, least $2.5 million of capital, surplus, and (7) The shares described in subpara undivided profits. graph (6) of this paragraph continue to 3a. Section 221.3(d)(3) of Part 221, have a market value in the aggregate of Credit by Banks for the Purpose of Pur FEDERAL RESERVE SYSTEM at least $5 million, chasing or Carrying Margin Stock, would (8) The minimum average bid price be amended as set forth below: [12 CFR Parts 207, 220, 221 ] of such stock, as determined by the § 2 2 1 .3 Miscellaneous provisions. [Begs. G, T, and U] Board, is at least $5 per share, and (9) The issuer continues to have at ***** SECURITIES CREDIT TRANSACTIONS least $2.5 million of capital, surplus, and (d) OTC margin stock. * * * Requirements for Continued Inclusion undivided profits. (3) The Board shall from time to time remove from the list described in sub- on List of OTC Margin Stocks 2a. Section 220.2(e)(3) of Part 220, paragraph (2) of this paragraph (d) Credit by Brokers and Dealers, would be stocks that cease to: The Board of Governors proposes to amended as set forth below: amend Parts 207, 220, and 221 in order (i) Exist or of which the issuer ceases to implement the requirements for a § 220.2 Definitions. to exist, or stock’s continued inclusion on the List ***** (ii) Meet substantially the provisions of OTC Margin Stocks as follows: (e) * * * of subparagraph (1) of this paragraph la. Section 207.2(f)(3) of Part 207, (3) The Board shall from time to time(d) and of § 221.4(e) (the Supplement to Securities Credit by Persons other than remove from the list described in sub- Regulation U ). Banks, Brokers or Dealers, would" be paragraph (2) of this paragraph (e) b. Paragraph (e) of § 221.4 would be amended as set forth below: stocks that cease to: added as set forth below: (i) Exist or of which the issuer ceases § 207.2 Definitions. § 221.4 Supplement. * * * * * to exist, or (ii) Meet substantially the provisions * * * * * (f) OTC margin stock: of subparagraph (1) of this paragraph (e) Requirements for continued in * * # * * (e) and of § 220.8(h) (the Supplement clusion on list of OTC margin stock. Ex (3) The Board shall from time to timeto Regulation T ). cept as provided in subparagraph (4) of remove from the list described in sub- ♦ * * * * § 221.3(d), OTC margin stock shall meet paragraph (2) of this paragraph (f) b. Paragraph (h) of § 220.8 would be the requirements that : stocks that cease to: added as set forth below: (1) The stock remains subject to regis (i) Exist or of which the issuer ceases tration under section 12(g) (1) of the to exist, or § 220.8 Supplement. Securities Exchange Act of 1934, (ii) Meet substantially the provisions H* * * * Me (2) Four or more dealers stand willing of subparagraph (1) of this paragraph (h) Requirements for continued into, and do in fact, make a market in such (f) and § 207.5(e) (the Supplement to clusion on list of OTC margin stock. Ex stock including making regularly pub Regulation G ). cept as provided in subparagraph (4) of lished bona fide bids and offers for such stock for their own accounts, or the * * * * * § 220.2 (e)b, OTC margin stock shall meet the requirements that: stock is registered on a securities ex b. Paragraph (e) of § 207.5 would be change that is exempted by the Secu added as set forth below : (1) The stock remains subject to regis tration under section 12(g)(1) of the rities and Exchange Commission from § 207.5 Supplement. Securities Exchange Act of 1934, registration as a national securities ex ***** (2) Four or more dealers stand will change pursuant to section 5 of the Secu ing to, and do in fact, make a market in rities and Exchange Act of 1934 (15 (e) Requirements for continued inclusuch stock including making regularly U.S.C. 78e), sion on list of OTC margin stock. Except published bona fide bids and offers for (3) There continue to be 1,000 or more as provided in subparagraph (4) of such stock for their own accounts, or the holders of record of the stock who are not § 207.2(f), such stock shall meet the re stock is registered on a securities ex officers, directors, or beneficial owners quirements that: change that is exempted by the Securi of 10 percent or more of the stock, (1) The stock continues to be subject ties and Exchange Commission from reg (4) The issuer continues to be a U.S. to registration under section 12(g) (1) of istration as a national securities ex Corporation, the Securities Exchange Act of 1934, change pursuant to section 5 of the Se (5) Daily quotations for both bid and (2) Pour or more dealers stand willing curities and Exchange Act of 1934 (15 asked prices for the stock are continu to, and do in fact, make a market in such U.S.C. 78e), ously available to the general public; and stock including making regularly pub (3) There continue to be 1,000 or more shall meet three of the four additional lished bona fide bids and offers for such holders of record of the stock who are requirements that: stock for their own accounts, or the stock not officers, directors, or beneficial own (6) 400,000 or more shares of such is registered on a securities exchange ers of 10 percent or more of the stock, stock remain outstanding in addition to that is exempted by thé Securities and (4) The issuer continues to be a U.S. shares held beneficially by officers, di Exchange Commission from registration Corporation, rectors, or beneficial owners of more than as a national securities exchange pursu (5) Daily quotations for both bid and 10 percent of the stock, ant to section 5 of the Securities and Ex asked prices for the stock are continu (7) The shares described in subpara change Act of 1934 (15 Ü.S.C. 78e), ously available to the general public; and graph (6) of this paragraph continue to (3) There continue to be 1,000 or more shall meet 3 of the 4 additional require have a market value in the aggregate of holders of record of the stock who are ments that: at least $5 million, (8) The minimum average bid price of not officers, directors, or beneficial own (6) 400,000 or more shares of such ers of 10 percent or more of the stock, such stock, as determined by the Board, stock remain outstanding in addition to is at least $5 per share, and (4) The issuer continues to be a U.S. shares held beneficially by officers, direc Corporation, (9) The issuer continues to have at tors, or beneficial owners of more than least $2.5 million of capital, surplus, and (5) Daily quotations for both bid and 10 percent of the stock, undivided profits. asked prices for the stock are continu (7) The shares described in subpara To aid in the consideration of this ously available to the general public; and graph (6) of this paragraph continue matter by the Board, interested persons shall meet three of the four additional to have a market value in the aggregate are invited to submit relevant data, views, requirements that: of at least $5 million, or arguments. Any such material should (6) 400,000 or more shares of such (8) The minimum average bid price of be submitted in writing to the Secretary, stock remain outstanding in addition to such stock, as determined by the Board, Board of Governors of the Federal Re shares held beneficially by officers, di is at least $5 per share, and serve System, Washington, D.C. 20551, to FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4098 PROPOSED RULE MAKING be received not later than March 24,1972. following proposed regulation for bank (iv) In the event the lessee fails to Such material will be made available for holding companies generally, subject to exercise the aforesaid option, the real inspection and copying upon request, ex the procedures of § 225.4(b) of Regula property assets shall be liquidated as cept as provided in § 261.6(a) of the tion Y. soon as practicable and, in no event, later Board’s rules regarding availability of Accordingly, the Board proposes to than one year from the expiration of the information. amend § 225.4(a) of Regulation Y to per lease; mit bank holding companies, subject to (v) The aggregate investment in such By order of the Board of Governors, the procedures of § 225.4(b), to engage real property by the bank holding February 17,1972. in the leasing of real property under company and its subsidiaries shall at no [ seal] T ynan Sm ith, certain conditions. The text of the pro time exceed 5 percent of the equity capi Secretary o f the Board. posed amendment reads as follows: tal of the bank holding company. [FR Doc.72-2883 Filed 2-25-72;8:49 am] § 225.4 Nonbanking activities. * * * * * To aid in the consideration of this mat (a) Activities closely related to bank ter by the Board, interested persons are [ 12 CFR Part 225 1 ing or managing or controlling banks. invited to submit relevant data, views, * * * The following activities have been [Reg. Y] determined by the Board to be so closely or arguments. Any such material should be submitted in writing to the Secre BANK HOLDING COMPANIES related to banking or managing or con trolling banks as to be a proper incident tary, Board of Governors of the Federal Nonbanking Activities thereto: Reserve System, Washington, D.G. 20551, The Board of Governors is considering ***** to be received not later than March 17, further implementation of its regulatory (12) Leasing real property where: 1972. Such material will be made avail authority under section 4(c)(8) of the (i) The property to be leased is ac able for inspection and copying upon re Bank Holding Company Act to permit quired specifically for the leasing trans quest, except as provided in § 261.6(a)-: bank holding companies to lease real action under consideration; of the Board’s rules regarding availabil property under certain conditions. In this (ii) The lease is on a net lease basis connection, the Board noted that it has and the effect of the transaction will be ity of information. received an application from First Chi to compensate the lessor for not less than By order of the Board of Governors, cago Corp., Chicago, HI., to engage, the lessor’s full investment in the February 18, 1972. through its subsidiary, First Chicago property; [ seal] T ynan S mith, Leasing Corp., in the leasing of real prop (iii) The lessee has an option to pur Secretary of the Board. chase the property at the expiration of erty in a manner somewhat similar to [FR Doc.72-2884 Filed 2-25-72;8:49 am] that which would be authorized by the the lease; FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4099 N otices Internal Revenue Service chargeable” for the residence during the DEPARTMENT OF THE TREASURY 12-month period before the first install [Price Commission Ruling 1972-75] ment of the increase in allowable costs Fiscal Service ALLOCATION OF ALLOWABLE COSTS is payable after December 28, 1971. The [Dept. Clfcc. 570,1971 Rev., Supp. 181 TO RESIDENCE OCCUPIED BY OWNER denominator of that fraction is the rent “charged or chargeable” for all resi HOUSTON GENERAL INSURANCE Price Commission Ruling dences or other rental units in the struc COMPANY ture, which are subject to the increase in Facts. The owner of a small apart the allowable costs, during the 12-month Surety Companies Acceptable on ment building containing six residences period before the first installment of the Federal Bonds fives in one of those residences and leases increase is payable after December 28, another residence in the building to a The Houston Fire and Casualty In 1971. relative for a nominal rent. The other If the owner of the structure lives in a surance Company, a Texas corporation, four residences are leased on month-to- which was issued a Certificate of Author month terms. The property taxes on the residence in the structure, or a residence ity as an acceptable surety on Federal is being rented at a nominal monthly rent building have been increased with the because of the absence of an arms- bonds December 27, 1971 (36 F.R. 25437, first installment of that increase payable December 31,1971) has changed its name on June 1, 1972. The landlord wishes to length transaction, the fair rental value to Houston General Insurance Company increase the monthly rent of his tenants of both the owner’s residence and the nominal rent residence is considered the [effective 11:59 p.m., December 31, 1971. to reflect that increase. Concurrently, two affiliated insurance “rent chargeable” and will be used in Issue. In allocating the increase in the allocation fraction. ¡companies, General Insurance Corpora property taxes to each residence in the tion, and Associated Employers In This ruling has been approved by the building must the landlord allocate some General Counsel of the Price Commis surance Company, both Texas corpora of that increase to the residences he and tions, were merged into Houston Gen his relative occupy? If so, what is the sion. eral Insurance Company which is the method of allocation which must be Dated: February 23,1972. surviving corporation. used. L ee H. H en k el, Jr., A new Certificate of Authority as an Ruling. The owner of the residence ¡acceptable surety on Federal bonds ef Acting Chief Counsel, must allocate the increase in property Internal Revenue Service. fective January 1, 1972 has been issued taxes to alTof the residences in the build to Houston General Insurance Company ing. The fair rental value of an owner- Approved: February 23,1972, [under sections 6 to 13 of title 6 of the occupied residence or residence rented at S amuel R. P ierce, Jr., United States Code, to replace the Cer a nominal rent is used in allocating the General Counsel, tificate issued December 27, 1971 to the increase in allowable costs to each resi Department of the Treasury. ¡'Company under its former name dence. Houston Fire and Casualty insurance Economic Stabilization Regulations, 6 [FR Doc.72-2936 Filed 2-25-72;8:51 am] ¡Company. The underwriting limitation CFR 301.102(b) (3) , 36 F.R. 25386 (De of $568,000 previously established for the cember 30, 1971) , states, “The increase [Price Commission Ruling 1972-76] in allowable costs determined for a ¡company (36 F.R. 25437, December 31, multiple-unit residential housing struc SERVICE ORGANIZATIONS— COST ¡1971) remains unchanged. ture or complex shall be prorated to in JUSTIFIED PRICE INCREASES The change in name of Houston Fire dividual residences.” The method of [and Casualty Insurance Company does proration is found in § 301.102(b) (4) of Price Commission Ruling not affect its status or liability with the regulations. This section, as illus Facts. Company X, a service organiza respect to any obligations in favor of the trated by the examples which follow it, tion, has the following history of cost requires that the increase in allowable and price increases. On July 1,1971, it in United States or in which the United costs, such as property taxes, be allocated ■ States has an interest, which it may have curred increased costs on “Group A” to the monthly rent of a residence. The services provided to its retail class of pur ■undertaken pursuant to the Certificate increase in allowable costs allocable to a chasers. It increased prices to that class ■issued by the Secretary of the Treasury. particular residence is determined by of purchasers in August. On July 1,1971, Certificates of Authority expire on multiplying a fratcion times the increase it also incurred and is continuing to incur ■ Ju n e 30 each year, unless sooner revoked, in allowable costs divided by 12. increased costs on “Group A,” services The increase in allowable costs is cal provided to its wholesale class of pur ■ an d new Certificates are issued on July 1 culated under § 301.102(b)(2) of the reg ■ so long as the companies remain quali- chasers. Its last price increase on “Group ulations. This increase is the difference A” services to its wholesale class of pur Mfied (31 CFR Fart 223). A list of qualified between the allowable costs charged dur-^ chasers was in June. ■companies is published annually as of ing the 12 months immediately prior to Issue. May Company X now increase ■ Ju ly 1 in Department Circular 570, with the date the first installment of the in creased cost is payable after December 28, prices above the base price to either class ■details as to underwriting limitations, 1971, and the allowable costs which of purchasers on “Group A” services? I■areas in which licensed to transact fidel- will be charged during the 12 months Ruling. Company X may increase . fity and surety business and other in- beginning with the date the first install prices above the base price on “Group ■formation. Copies of the Circular, when ment of the increased costs is payable A” services to its wholesale class of pur after December 28, 1971. The increase is chasers but not to its retail class of ■issued, may be obtained from the Treas- purchasers. ■ u ry Department, Bureau of Accounts, considered payable on the date the tax ing authority begins to impose an inter Economic Stabilization Regulations, 6 ■Audit Staff, Washington, D.C. 20226. est or penalty charge on the payment. CFR 300.14, 37 F.R. 775 (January 19, Dated: February 22, 1972. The fraction which is multiplied times 1972) states the rule governing price in this increase in allowable costs divided creases which may be made by service I [seal] J ohn K . Carlock, by twelve is determined under § 301.102 organizations other than providers of Fiscal Assistant Secretary. (b) (4) of the regulations. The numerator health services and insurers. That rule [FR Doc.72-2870 Filed 2-25-72:8:47 am] of that fraction is the rent “charged or is: FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4100 NOTICES A service organization may charge a price of scientific articles pursuant to section ing H1, F19, C13 and Si29 in natural abun in excess of the base price only to reflect in 6(c) of the Educational, Scientific, and dance and ultimately Cl88, H2 (deute creases in allowable costs that is incurred Cultural Materials Importation Act of rium) , P31 and other magnetic. nuclei. since the last price increase in the item con cerned, or that is incurred after January 1, 1966 (Public Law 89-651; 80 Stat. 897). Application received by Commissioner of 1971, whichever was later, and that it is Interested persons may presenttheir Customs: November 30, 1971. continuing to incur, reduced to reflect pro views with respect to the question of Docket No. 72-00263-33-42800. Appli ductivity gains, and only to the extent that whether an instrument or apparatus of cant: University of Chicago, Operator of the increased price does not result in an equivalent scientific value for the pur Argonne National Laboratory, 9700 South increase in its profit margin over that which poses for which the article is intended Cass Avenue, Argonne, IL 60439. Article: prevailed during the base period.” to be used in being manufactured in the Pulsed bending magnet. Manufacturer: Economic Stabilization Regulations, 6 United States. Such comments must be Brown Boveri, Switzerland. Intended use CFR 300.405, 36 F.R. 23974 (December filed in triplicate with the Director, Spe of article: The article will be used to 16, 1971), defines the base price to be, cial Import Programs Division, Office of promote efficient operation of the Zero “The highest price charged by the seller Import Programs, Washington, D.C. Gradient Synchrotron (ZGS) through to a specific class of purchasers in a sub 20230, within 20 calendar days after the time sharing the beam among a number stantial number of transactions involv date on which this notice of application of experiments during a single ZGS pulse. ing that personal property or service is published in the F ederal R egister. Application received by Commissioner of during the freeze base period.” Inter Amended regulations issued under Customs: November 30,1971. . preted in light of this section, § 300.14 of cited Act, as published in the October 14, Docket No. 72-00264-01-77030. Appli the regulations permits a price increase 1969, issue of the F ederal R egister, pre cant: Rhode Island College, Providence, for a service sold to a particular class of scribe the requirements applicable to R J. Article: NMR spectrometer, Model purchasers above the base price to re comments. JNM-MH-60-II. Manufacturer: JEOL flect only cost increases which the seller A copy of each application is on file, Ltd., Japan. Intended use of article: Tl^e I is required to bear and is continuing to and may be examined during ordinary article is intended to be used in chemistry I bear in providing the service to that class Commerce Department business hours at courses for structure determination, re of purchasers since the last price in the. Special Import Programs Division, action mechanisms, synthesis, structure/ crease to that class of purchasers. Department of Commerce, Washington, property correlations as well as develop Company X has increased its price D.C. ment of laboratory skills including nu- I above the base price on “Group A” serv Docket No. 70-00576-33-43780. Appli clear magnetic resonance spectrometry, I ices to its retail class of purchasers since cant: Presbyterian-St. Luke’s Hospital, kinetics, thermodynamics, bonding, and the most recent cost increase it has been 1753 West Congress Parkway, Chicago, structural theory. Application received required to bear in providing those tt. 60612. Article: Incubator-slide con by Commissioner of Customs: Novem- I services to the retail class. Therefore taining MacConkeys nutrient agar. ber 30,1971. Company X cannot increase its price Manufacturer: Raerad Products, Sweden. Docket No. 72-00265-33-43780. Appli again on “Group A” services sold to the Intended use of article: The article will cant: Tufts University, Department of retail class until it incurs additional cost be used to detect asymptomatic Bac- Medicine, Lemuel Shattuck Hospital, increases related to those services when teruria in a detection program. Applica Jamaica Plain, Boston, Mass. 02203. sold to that class. tion received by Commissioner of Cus Article: Ultrafilter for ascites. Manu Company X has not increased its price toms: March 30, 1970. facturer: Rhone Poulenc, France. In- I above the base price on “Group A” serv Docket No. 72-00260-33-46040. Appli tended use of article: The article is in- I ices to its wholesale class of purchasers cant: Baylor College of Medicine, 1200 tended to be used in removing peritoneal I since the most recent cost increase it has Moursund Avenue, Texas Medical Center, fluid, preparation of an ultrafiltrate of been required to bear and is continuing Houston, T X 77025. Article: Electron mi this fluid and prompt return intraven- I to bear in providing those services to the croscope, Model EM 801 A. Manufacturer: ously to lower portal pressure and to im- I wholesale class. Therefore Company X AEI Scientific Apparatus Ltd., United prove plasma volume in the hope of aid- I can increase its price on “Group A” serv Kingdom. Intended use of article: The ing hepatorenal syndrome. Application I ices sold to the wholesale class to reflect article is intended to be used to examine received by Commissioner of Customs: I such cost increases. biological tissues in studies of membrane November 30,1971. Price Commission Ruling 1972-13, 37 structure and function at the molecular Docket No. 72-00266-33-43400. Appli- I F.R. 765 (January 18, 1972), illustrates level. The article will also be used as a cant: Harvard University, Purchasing I the manner in which such cost increases diagnostic agent in eye pathology. Appli Department, 75 Mount Auburn Street, I may be reflected in increased prices. cation received by Commissioner of Cus Cambridge, MA 02138. Article: Micro- I This ruling has been approved by the toms: November 30, 1971. manipulator. Manufacturer: AB Trans- I General Counsel of the Price Commis Docket No. 72-00261-87-78700. Appli vertex, Sweden. Intended use of article: I sion. cant: University of Washington, Civil The article is intended to be used in ex- I Dated: February 23,1972. Engineering Department, Room 121, periments on the central nervous system I More Hall, Seattle, Wash. 98195. Article: of the cat to investigate the anatomical I L ee H. H en k el, Jr., Theodolite. Manufacturer: Kern & Co. and physiological properties of single I Acting Chief Counsel, Ltd., Switzerland. Intended use of article: nerve cells in the visual cortex, a region I Internal Revenue Service. The article is intended to be used in civil of the brain that is concerned with the I Approved: February 23, 1972. engineering courses dealing with preci processing of visual information. The I sion positions where accuracies of read article will be used in these experiments I S amuel R. P ierce, Jr., ing to 0.7" are needed, such as in error to hold the microelectrode and advance I General Counsel, it into the brain thus permitting rapid I Department of the Treasury. analysis. Research and special student studies will use the article in work such and precisely controlled movements of I [FR Doc.72-2937 Filed 2-25-72;8:51 am] as photo control and glacier movement the microelectrode as it approaches and research. Application received by Com penetrates the nerve cells. Application I missioner of Customs: November 30, received by Commissioner of Customs: I 1971. November 30,1971. DEPARTMENT OF COMMERCE Docket No. 72-00262-01-77030. Appli Docket No. 72-00267-33-46040. Appli- I Office of Import Programs cant: University of Colorado, Purchasing cant: University of Southern California, I Services Department, Regent Hall, Room School of Medicine, 2025 Zonal Avenue, I PRESBYTERIAN-ST. LUKE’S HOSPITAL 122, Boulder, Colo. 80302. Article: NMR Los Angeles, CA 90033. Article: Electron I ET AL. spectrometer, Model PS-100 and acces microscope, Model HU-12. Manufac- I Notice of Applications for Duty-Free sories. Manufacturer: JEOLCO, Ltd., turer: Hitachi Perkin-Elmer, Japan. In- I Entry of Scientific Articles Japan. Intended use of article: The arti tended use of article: The article is in- I cle is intended to be used in physical tended to be used for electron microscopy I The following are notices of the re chemical and structural studies on or screening of breast milk for B- and C- I ceipt of applications for duty-free entry ganic and inorganic compounds contain type particles from lactating mothers I FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 NOTICES 4101 whose mothers have a history of breast chanics of mature and developing lungs. is intended to be used to examine the or other cancer. Application received by Application received by Commissioner of thickness of the full cortex of the central Commissioner of Customs : November 30, Customs: December 7, 1971. nervous system of new born hamsters 1971. Docket No. 72-00273s-56-17500. Appli and rats. Other studies include observ Docket No. 72-00268-01-07520. Appli cant: University of Washington, Depart ing the morphology of the synaptic junc cant: American “National Red Cross, ment of Oceanography, Seattle, Wash. tions and the changes that' might take Blood Research Laboratory, 9312 Old 98195. Article: Recording current meter, place in the associated membranes and Georgetown Road, Bethesda, MD 20014. Model 4. Manufacturer: Ivar Aanderaa, vesicles after nonionizing radiation; and Article: Microcalorimeter. Manufac Norway. Intended use of article : The ar mitochondrial cristae in the heart and turer: LKB Produkter AB, Sweden. In ticle is intended to be used for studies of liver. Application received by Commis tended use of article: The article is in the vertical and horizontal water struc sioner of Customs: December 9, 1971. tended to be used for the measurement of ture off the Washington coast, estuarine S eth M. B odner,. heat changes in a number of processes circulation in Puget Sound and flow in Director, related to the biochemistry and physiol the Columbia River and adjacent areas. Office of Import Programs. ogy of blood. These include: The article will also be used in the course (1) Determination of energy changes Ocean 360: Methods and instruments in [FR Doc.72-2876 Filed 2-25-72;8:48 am] during the reaction of platelets with a oceanography, to familiarize students variety of agents important in adhesion with methods of measuring environ EMORY UNIVERSITY and aggregation Snd the measurement of mental parameters. Application received the effect of pharmacological inhibitors. by Commissioner of Customs: Decem Notice of Decision on Application for (2) Energy changes involved in the ber 7,1971. Duty-Free Entry of Scientific Article effect of various reagents and procedures Docket No. 72-00274-33-46040. Appli on red cells from patients suffering from cant: Veteran’s Administration Hospital, The following is a decision on an ap sickle cell anemia. 800 Stadium Road, Columbia, MO 65201. plication for duty-free entry of a scien (3) Enthalpy changes involved in ad Article: Electron microscope, Model EM tific article pursuant to section 6(c) of ditives of interest in the freezing-preser 300. Manufacturer: Philips Electronic the Educational, Scientific, and Cultural vation of red cells and platelets and their Instruments, NVD., The Netherlands. In Materials Importation Act of 1966 (Pub applicability to the freezing-preservation tended use of article: The article is in lic Law 89-651, 80 Stat. 897) and the of intact organs. tended to be used as a diagnostic instru regulations issued thereunder as (4) Thermodynamics of antibody re ment in the practice of human pathology amended (34 P.R. 15787 et seq.). actions with red cell antigens. which is aimed toward offering early A copy of the record pertaining to this (5) Thermodynamics of metal bind valid diagnoses so that early appropriate decision is available for public review ing and aggregation-disaggregation phe treatment of human disease can be ac during ordinary business hours of the nomenon in the urinary glycoprotein de complished. Specifically, it will be used Department of Commerce, at the Office rived from renal tubules. in the ultrastructural diagnosis of hu of Import Programs, Department of Application received by Commissioner man renal biopsies of individuals with Commerce, Washington, D.C.. of Customs: December 3, 1971. primarily glomerular or vascular dis Docket No. 71-00621-33-46040. Appli Docket NOi 72-00270-33-46040, Appli eases. Application received by Commis cant: Emory University, Anatomy De cant: Institute for Medical Research, sioner of Customs: December 7, 1971. partment, Atlanta, Ga. 30322. Article: Copewood Street, Camden, N.J. 08103. Docket No. 72-00275-33-46040. Appli Electron microscope; Model EM 9S-2. Article: Electron microscope, Model cant: University of Louisville School of Manufacturer: Cari Zeiss, West Ger JEM-100B. Manufacturer: JEOL Ltd., Medicine, 301 East Walnut Street, Louis many. Intended use of article: The arti Japan. Intended use of article: The arti ville, K Y 40202. Article: Electron micro cle will be used for the teaching and cle is intended to be used in studies of a scope, EM 9Sr-2. Manufacturer: Carl training of graduate students, medical virus in mouse milk that transmits mam Zeiss, West Germany. Intended use of students, and postdoctoral fellows as well mary cancer from mother to daughter to article: The article is intended to be used as for research on the structure and determine the fine structure of viruses in studies of biological tissues both hu function of normal and dystrophic devel for identification purposes. Application man and animal Experiments to be pur oping skeletal muscles; studies on the received by Commissioner of Customs: sued will center around : structure of normal and myopathic car December 7, 1971. , (a) Normal and pathological human diac (heart) muscle; and studies on the Docket No. 72-00271-33-46040. Appli ocular and animal tissue. autoimmune destruction of sperm. cant: Veterans Administration Hospital, (b) Ocular animal tissue with regard Comments: No comments have been 510 East Stoner Avenue, Shreveport, LA to immune mechanisms. received with respect to this application. 71130. Article: Electron microscope, (c) Reaction of tissues to specific ex Decision : Application approved. No in Model EM 300. Manufacturer: Philips perimental disease states—specifically strument or apparatus of equivalent Electronic Instruments, NVD., The diabetes. scientific value to the foreign article for Netherlands. Intended use of article: The (d) Animal ocular tissue reactions to such purposes as this article is intended article is intended to be used in studies physical modalities. to be used, is being manufactured in the on the ultrastructure of human tumors, (e) Ocular changes in eye bank eyes United States. human neoplasms, lesions, melanosomes, from such disorders as tumors, glau Reasons: The applicant requires an premelanosomes cytoplasmic aggregates coma, etc. electron microscope which is suitable for etc. related to discovery of basic facts (f) Ocular genetic disease states and instruction in the basic principles of elec about human disease. Application re Cg) Other studies as indicated result tron microscopy. The foreign article is ceived by Commission of Customs: De ing from findings in above research a relatively simple, medium resolution cember 7, 1971. projects. electron microscope designed for con fident use by beginning students with a Docket No. 72-00272-33-46040. Appli The article will also be used for the teach cant: Harvard University, School of minimum of detailed programing. The ing of senior medical students and resi most closely comparable domestic instru Public Health, 665 Huntington Avenue, dent physicians in the specialty of Boston, MA 02115. Article: Electron mi ment is the Model EMU-4C electron ophthalmology. Application received by microscope manufactured by the Forgflo croscope, Model EM 300. Manufacturer: Commissioner of Customs : December 10, Philips Electronic Instruments, NVD., 1971. Carp. The. Model EMU-4C electron microscope is a relatively complex instru The Netherlands. Intended use of article: Docket No. 72-00276-33-46040. Appli The article will be used to examine bio ment designed for research, which re cant: George Washington University quires a skilled electron microscopist for logical material as part of a major re Medical School, 1335 H Street NW., search effort on the response of pulmo Washington, DC. Article: Electron micro its operation. We are advised by the De nary alveolar macrophages to inhaled scope, Model A E I801. Manufacturer: AEI partment of Health, Education, and Wel particles, as well as for other studies on Scientific Apparatus Ltd., United King fare in its memorandum dated Novem the biological properties and def ense me dom. Intended use of article : The article ber 19, 1971, that the relative simplicity FEDERAL REGISTER, V O L 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4102 NOTICES of design and ease of operation of the in the magnification range between 500 tended to be used, is being manufactured I foreign article is pertinent to the appli and 70,000 magnifications, an optional in the United States. cant’s educational purposes. We, there low magnification pole-piece should be Reasons: Examination of the appli- I fore, find that the Model EMU—4C elec used. Changing the pole-piece on the cant’s thin sections under the electron I tron microscope is not of equivalent Model EMU-4C requires a break in the microscope will provide optimal infor- I scientific value to the foreign article for vacuum of the column. We are advised mation when such sections are uniform I such purposes as this article is intended by the Department of Health, Education, in thickness and have smoothly cut sur- I to be used. and Welfare (HEW) in its memorandum faces. Conditions for obtaining high I The Department of Commerce knows dated December 30, 1971, that the appli quality sections depend to a large extent I of no other instrument or apparatus of cant requires the capability of taking on the properties of the specimen being I equivalent scientific value to the foreign high-quality micrographs at low mag sectioned (e.g., hardness, consistency, I article, for such purposes as this article nifications in order to achieve the pur toughness etc.), the properties of the I is intended to be used, which is being poses for which the article is intended embedding media and the geometry of I manufactured in the United States. to be used. the block. In connection with a prior I HEW further advises that breaking the case (Docket No. 69-00665-33-46500) I S eth M. B odner, vacuum in the column induces the dan which relates to the duty-free entry of I Director, ger of contamination which would very an identical foreign article, the Depart- I Office of Import Programs. likely lead to the failure of the experi ment of Health, Education, and Welfare I [FR Doc.72-2874 Filed 2-25-72;8:48 am] ment. Therefore, the capability of mov (HEW) advised that “Smooth cuts are I ing from 0 to 60,000 magnifications with obtained when the speed of cutting, I out changing pole-pieces, while at the (among such [other] factors as knife I ERIE COUNTY LABORATORY same time providing high-quality micro edge condition and angle), is adjusted I to the characteristics of the material I Notice of Decision on Application for graphs at low magnifications, is consid ered to be a pertinent characteristic. being sectioned. The range of cutting I Duty-Free Entry of Scientific Article For these reasons, we find that the Model speeds and a capability for the higher I The following is a decision on an EMU-4C is not of equivalent scientific cutting speeds is, therefore, a pertinent ■ application for duty-free entry of a value to the foreign article for such pur characteristic of the ultramicrotome to I scientific article pursuant to section 6(c) poses as this article is intended to be be used for sectioning materials that ex- I of the Educational, Scientific, and used. perience has shown difficult to section.” I Cultural Materials Importation Act of The Department of Commerce knows In connection with another prior case I 1966 (Public Law 89-651, 80 Stat. 897) of no other instrument or apparatus of (Docket No. 70-00077-33-46500) relat- I and the regulations issued thereunder as equivalent scientific value to the foreign ing to the duty-free entry of an identical I amended (34 F.R. 15787 et seq.). article, for such purposes as this article foreign article, HEW advised that I A copy of the record pertaining to this is intended to be used, which is being “ultrathin sectioning of a variety of tis- I decision is available for public review manufactured in the United States. sues having a wide range in density, fl hardness etc.” requires a maximum I during ordinary business hours of the S eth M. B odner, Department of Commerce, at the Office range in cutting speed and, further, I Director, that “The production of ultrathin serial I of Import Programs, Department of Com Office of Import Programs. merce, Washington, D.C. sections of specimens that have great I Docket No. 72-00013-33-46040. Appli [FR Doc.72-2875 Filed 2-25-72;8:48 am] variation in physical properties is very I cant: Erie County Laboratory, 100 City difficult.” The foreign article has a cut- I ting speed range of 0.1 to 20 millimeters/ I Hall, Buffalo, NY 14221. Article: Electron FOREST SERVICE microscope, Model EM -9S-2. Manu second (mm./sec.). The most closely I facturer: Carl Zeiss, West Germany. In comparable domestic instrument is the I Notice of Decision on Application for Model M T-2B ultramicrotome manu- I tended use of article : The article will be Duty-Free Entry of Scientific Article used to study the ultrastructure of factured by Ivan Sorvall, Inc. (Sorvall). I The Sorvall Model M T-2B utltramicro- I tumors and diseased organs compared The following is a decision on an ap plication for duty-free entry of a scien tome has a cutting speed range of 0.09 I with the findings of light-microscopic to 3.2 mm./sec. examinations. The materials involved in tific article pursuant to section 6(c) of We are advised by HEW in its memo- I these studies are taken from humans and the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub randum of January 28,1972, that cutting I animals and subject to gross, histologic speeds in excess of 4 mm./sec. are p e r-1 and electron-microscopic studies in order lic Law 89-651, 80 Stat. 897) and the regulations issued thereunder as tinent to the purposes for which the fo r -1 to get new understanding of disease and eign article is intended to be used. the mechanics of disease. amended (34 F.R. 15787 et seq.). Comments: No comments have been A copy of the record pertaining to this We, therefore, find that the Model I received with respect to this application. decision is available for public review MT-2B ultramicrotome is not of equiv-1 Decision: Application approved. No in during ordinary business hours of the alent scientific value to the foreign ar-1 strument or apparatus of equivalent Department of Commerce, at the office tide, for such purposes as this article I scientific value to the foreign article, for of Import Programs, Department of is intended to be used. such purposes as this article is intended Commerce, Washington, D.C. The Department of Commerce knows I to be used, is being manufactured in the Docket No. 72-00040-63-46500. Appli of no other instrument or apparatus of I United States. cant: USDA Forest Service, 359 Main equivalent scientific value to the foreign I Reasons: The foreign article provides Road, Delaware, OH 43015. Article: Ul article, for such purposes as this article I a continuous magnification from 0 to tramicrotome, Model LKB 8800A. Manu is intended to be used, which is being I 60,000 magnifications, without changing facturer: LKB Produkter A.B., Sweden. manufactured in the United States. the pole-piece. The most closely com Intended use of Article: The article will S eth M. B odner, parable domestic instrument is the Model be used to produce ultrathin sections of Director, EMU-4C manufactured by the Forgilo woody and fungus tissues for electron Office of Import Programs. I Corp. The Model EMU-4C, with its stand microscope in investigations of virus and ard pole-piece, has a specified range from mycoplasma disease of woody plants and [FR Doc.72-2882 Filed 2-25-72;8:49 am] I 1,400 to 240,000 magnifications. For sur several fungus diseases. The article will vey and scanning, the lower end of this also be used to instruct graduate stu STATE UNIVERSITY COLLEGE range can be reduced to 200 magnifica dents in the use of the ultramicrotome. tions or less. But the continued reduction Comments: No comments have been Notice of Decision on Application for of magnification induces an increasingly received with respect to this application. Duty-Free Entry of Scientific Article greater distortion. The domestic manu Decision: Application approved. No facturer suggests in its literature on the instrument or apparatus of equivalent The following is a decision on an ap Model EMU-4C that for highest quality, scientific value to the foreign article, plication for duty-free entry of a scien low magnification electron micrographs for such purposes as this article is in tific article pursuant to section 6(c) of FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 NOTICES 4103 the Educational, Scientific, and Cultural UNIVERSITY OF ALABAMA is intended to be used, which is being Materials Importation Act of 1966 (Pub manufactured in the United States. lic Law 89-651, 80 Stat. 897) and the Notice of Decision on Application for Duty-Free Entry of Scientific Article S eth M. B odner, regulations issued thereunder as Director, amended (34 F.R. 15787 et seq.). The following is a decision on an ap Office of Import Programs. ^ copy of the record pertaining to this plication for duty-free entry of a scien decision is availably for public review [PR Doc.72-2878 FUed 2-25-72;8:48 am] during ordinary business hours of the tific article pursuant to section 6(c) of Department of Commerce, at the Oflice the Educational, Scientific, and Cultural of Import Programs, Department of Materials Importation Act of 1966 (Pub UNIVERSITY OF HAWAII Commerce, Washington, D.C. lic Law 89-651, 80 Stat. 897) and the regulations issued thereunder as Notice of Decision on Application for Docket No. 72-00023-33-46040. Appli Duty-Free Entry of Scientific Article cant: State University College, Depart amended (34 F.R. 15787 et seq.). ment of Biological Sciences, Brockport, A copy of the record pertaining to this The following is a decision on an appli N.Y. 14420. Article: Electron microscope, decision is available for public review cation for duty-free entry of a scientific Model HS-8. Manufacturer: Hitachi, during ordinary business hours of the article pursuant to section 6(c) of the Ltd., Japan. Intended use of article: The Department of Commerce, at the Office Educational, Scientific, and Cultural article will be used in research involving of Impart Programs, Department of Materials Importation Act of 1966 (Pub anomalous mitosis in mammalian cell Commerce, Washington, D.C. lic Law 89-651, 80 Stat. 897) and the reg membrane dynamics, ultrastructure of Docket No. 71-00466-65-46040. Appli ulations issued thereunder as amended antennae of various Crustacea, adrener cant: University of Alabama, in Bir (34 F.R. 15787 et seq.). gic innervation of the heart, morpho mingham, 1919 Seventh Avenue South, A copy of the record pertaining to this genetic changes in cells due to growth Birmingham, AL 35233. Article: Electron decision is available for public review regulators, enzyme inhibition in chick microscope, Model JEM -50B. Manufac during ordinary business hours of the De lens development. The article will also be turer: Japan Electron Optics Labora partment of Commerce, at the Office of utilized as a tool to determine cause of tory Co., Ltd., Japan. Intended use of Import Programs, Department of Com desiccation and heat resistance in uni article: The article will be used pri merce, Washington, D.C. cellular algae. In addition the article will marily as a teaching tool to study the Docket No. 71-00609-33-46040. Appli be used in ¡teaching programs at several microstructures of solid materials such cant: University of Hawaii, School of levels. as aluminum, steel, copper, ceramics, etc. Medicine, 3675 Kilauea Avenue, Hono Comments: No comments have been These studies will permit the student to lulu, HI 96816. Article: Electron micro- received with respect to this application. correlate the structure with current . scope, Model EM 9S-2. Manufacturer: Decision: Application approved. No in theories. The course is entitled electron Carl Zeiss, West Germany. Intended use strument or apparatus of equivalent microscopy and consists of lecture and of article: The article will be used for re scientific value to the foreign article for laboratory. search in a study of guinea pig (tuber such purposes as this article is intended Comments: No comments have been culoid arialagous) and peritoneal macro to be used, is being manufactured in the received with respect to this application. phage response (immunized and unim United States. Decision: Application approved. No in munized) to M. Lepraem urium and to Reasons: The applicant requires an strument or apparatus of equivalent sci step-wise defatted bacilli fractions to be electron microscope which is suitable for entific value to the foreign article for conducted in tandem with, and as a instruction in the basic principles of elec such purposes as this article is intended prototype of, a similar evaluation of tron microscopy. The foreign article is to be used, is being manufactured in the tuberculoid and lepromatous macro a relatively simple, medium resolution United States. phage reaction to M. L eprae in human electron microscope designed for confi Reasons: The applicant requires an patients utilizing the Rebuk window tech dent use by beginning students with a electron microscope which is suitable for nique. The article will also be used in minimum of detailed programing. The instruction in the basic principles of teaching (1) pathology courses, and (2) most closely comparable domestic instru electron microscopy. The foreign article to train medical students and postdoc ment is the Model EMU-4C electron is a relatively simple, medium resolution toral residents and associates in a re microscope manufactured by the Forgflo electron microscope designed for con search project requiring the use of an electron microscope. Corp. The Model EMU-4C electron fident use by beginning students with a microscope is a relatively complex instru Comments: No comments have been re ment designed for research, which re minimum of detailed programing. The ceived with respect to this application. quires a skilled electron micróscopist for most closely comparable domestic in Decision: Application approved. No its operation. We are advised by the De strument is the Model EMU-4C electron instrument or apparatus of equivalent partment of Health, Education, and microscope manufactured by the Forgflo scientific value to the foreign article for such purposes as this article is intended Welfare in its memorandum dated Ja n Corp. The Model EMU-4C electron mi uary 14, 1972, that the relative simplicity to be used, is being manufactured in the croscope is a relatively complex instru United States. of design and ease of operation of the ment designed for research, which re Reasons: The applicant requires an foreign article is pertinent to the appli quires a skilled electron microscopist for electron microscope which is suitable for cant’s educational purposes. We, there its operation. We are advised by the De instruction in the basic principles of elec fore, find that the Model EMU-4C partment of Health, Education, and Wel tron microscopy. The foreign article is a relatively simple, medium resolution elec electron microscope is not of equivalent fare in its memorandum dated Au scientific value to the foreign article for tron microscope designed for confident gust 20, 1971, that the relative simplicity use by beginning students with a mini such purposes as this article is intended of design and ease of operation of the mum of detailed programing. The most to be used. foreign article is pertinent to the appli closely comparable domestic instrument The Department of Commerce knows cant’s educational purposes. We, there is the Model EMU-4C electron micro of no other instrument or apparatus of fore, find that the Model EMU-4C elec scope manufactured by the Forgflo Corp. The Model EMU-4C electron microscope equivalent scientific value to the foreign tron microscope is not of equivalent sci article, for such purposes as this article is a relatively complex instrument de entific value to the foreign article for signed for research, which requires a is intended to be used, which is being such purposes as this article is intended skilled electron microscopist for its oper manufactured in the United States. to be used. ation. We are advised by the Department S eth M. B odner, The Department of Commerce knows of Health, Education, and Welfare in its memorandum dated November 19, 1971, Director, of no other instrument or appartus of Office of Import Programs. that the relative simplicity of design and equivalent scientific value to the foreign ease of operation of the foreign article is [PR Doc.72-2877 Piled 2-25-72;8:48 am] article^ for such purposes as this article pertinent to the applicant’s educational FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 No. 39- 4104 NOTICES purposes. We, therefore, find that the eration. We are advised by the Depart croscope is a relatively complex instru Model EMU-4C electron microscope is not ment of Health, Education, and Welfare ment designed for research, which of equivalent scientific value to the for in its memorandum dated January 14, requires a skilled electron microscopist eign article for such purposes as this 1972, that the relative simplicity of de for its operation. We are advised by the article is intended to be used. sign and ease of operation of the foreign Department of Health, Education, and The Department of Commerce knows article is pertinent to -the applicant’s Welfare in its memorandum dated Ja n of no other instrument or apparatus of educational purposes. We, therefore, find uary 14,1972, that the relative simplicity equivalent scientific value to the foreign that the Model EMU-4C electron micro of design and ease of operation of the article, for such purposes as this article scope is not of equivalent scientific value foreign article is pertinent to the ap is intended to be used, which is being to the foreign article for such purposes as plicant’s educational purposes. We, manufactured in the United States. this article is intended to be used. therefore, find that the Model EMU-4C The Department of Commerce knows electron microscope is not of equivalent S eth M. B odner, of no other instrument or apparatus of scientific value to the foreign article for Director, equivalent scientific value to the foreign such purposes as this article is intended Office of Import Programs. article, for such purposes as this article to be used. [FR Doc.72-2879 Filed 2-25-72;8:48 am] is intended to be used, which is being The Department of Commerce knows manufactured in the United States. of no other instrument or apparatus of equivalent scientific value to the foreign UNIVERSITY OF MARYLAND S eth M. B odner, Director, article, for such purposes as this article Notice of Decision on Application for is intended to be used, which is being Office of Import Programs. manufactured in the United States. Duty-Free Entry of Scientific Article [FR Doc.72-2880 Filed 2-25-72;8:48 am] S eth M. B odner, The following is a decision on an ap Director, plication for duty-free entry of a scien Office of Import Programs. tific article pursuant to section 6(c) of UNIVERSITY OF TEXAS the Educational, Scientific, and Cultural Notice of Decision on Application for [FR Doc.72-2881 Filed 2-25-72;8:48 am] Materials Importation Act of 1966 (Pub Duty-Free Entry of Scientific Article lic Law 89-651, 80 Stat. 897) and the reg ulations issued thereunder as amended The following is a decision on an ap (34 F.R. 15787 et seq.). plication for duty-free entry of a sci DEPARTMENT OF THE INTERIOR A copy of the record pertaining to this entific article pursuant to section 6(c) Office of the Secretary decision is available for public review of the Educational, Scientific, and Cul during ordinary business hours of the tural Materials Importation Act of 1966 [FES 72-3] Department of Commerce, at the Office (Public Law 89-651, 80 Stat. 897) and PROPOSED OIL SHALE RETORT RE of Import Programs, Department of the regulations issued thereunder as Commerce, Washington, D.C. amended (34 F.R. 15787 et seq.). SEARCH PROJECT, ANVIL POINTS, Docket No. 72-00028-72-46040. Appli A copy of the record pertaining to this COLO. cant: University of Maryland, Baltimore decision is available for public review Notice of Availability of Final County, 5401 Wilkens Avenue, Catons- during ordinary business hours of the ville, MD 21228. Article: Electron micro Department of Commerce, at the Office Environmental Statement scope, EM -9S-2. Manufacturer: Carl of Import Programs, Department of Pursuant to section 102(2) (C) of the Zeiss, West Germany. Intended use of Commerce, Washington, D.C. National Environmental Policy Act of article: The article will be used for rou Docket No. 72-00029-33-46040. Appli 1969, the Bureau of Mines, Department tine specimen examination and selection cant: The University of Texas at Arling of the Interior has prepared a final en of favorable specimens which will then ton, Tex. 76010. Article: Electron micro vironmental statement concerning a pro be examined at high resolution in a scope, Model EM 9S. Manufacturer: Carl posal by Development Engineering, Inc. larger research microscope. The speci Zeiss, West Germany. Intended use of of Denver, Colo., for reactivation, under mens employed will be primarily thin article: The article will be used in the a lease for research purposes, of its An tissue or cell sections with some whole investigation of spermatogenesis, sper- vil Points Oil Shale Research Facility mount microbial and viral preparations, meogenesis, and the fine structure cyto near Rifle, Colo. as well. The article will also be used as chemistry of the reproductive ducts and The research proposed to be conducted an educational microscope in a course androgenic glands of certain crusta includes the construction of a vertical for advanced undergraduate and gradu ceans; the cytopathology of virus- kiln retort and the mining, crushing, re ate students. infected drosophila. In addition the ar torting, and disposal, of probably no more Comments: No comments have been ticle will be used for training students in than 600,000 tons of oil shale. Research received with respect to this application. a course entitled “Biological Electron would also be conducted on techniques of Decision: Application approved. No Microscope.” waste management. instrument or apparatus of equivalent Comments: No comments have been Single copies of the Final Statement scientific value to the foreign article for received with respect to this application. are available from: such purposes as this article is intended Decision: Application approved. No to be used, is being manufactured in the instrument or apparatus of equivalent Director, Bureau of Mines, Room 4614, De United States. scientific value to the foreign article partment of the Interior, Washington, D.C. for such purposes as this article is in 20240. Reasons: The applicant requires an Research Director, Denver Mining Research electron microscope which is suitable for tended to be used, is being manufactured Center, Bureau of Mines, Denver, Cola instruction in the basic principles of elec in the United States. 80215. tron microscopy. The foreign article is a Reasons: The applicant requires an Research Director, Laramie Energy Research relatively simple, medium resolution elec electron microscope which is suitable for Center, Bureau of Mines, Laramie, Wyo. tron microscope designed for confident instruction in the basic principles of 82070. use by beginning students with a mini electron microscopy. The foreign article is a relatively simple, medium resolution In requesting this document, please re mum of detailed programing. The most fer to the Statement number above. closely comparable domestic instrument electron microscope designed for confi is the Model EMU-4C electron micro dent use by beginning students with a W . W . L yons, scope manufactured by the Forgflo Corp. minimum of detailed programing. The Deputy Assistant Secretary The Model EMU-4C electron microscope most closely comparable domestic in of the Interior. is a relatively complex instrument de strument is the Model EMU-4C electron F ebruary 18,1972. signed for research, which requires a microscope manufactured by the Forgflo skilled electron microscopist for its op Corp. The Model EMU-4C electron mi [FR Doc.72-2896 Filed 2-25-72;8:50 am] FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 NOTICES 4105 those States whose plans are approved 1. Identification and selection of local DEPARTMENT OF HEALTH, and/or to other of the 50 States. If the for which the planning grant is awarded, data warrants proliferation and imple State educational agencies, with the as mentation funds are made available to sistance of State Economic Opportunity I EDUCATION, AND WELFARE a State, upon receipt of such funds the Offices, shall conduct an analysis of all Office of Education State educational agency, acting as the local educational agencies and other po agent of the Federal Government, could tential grantees within the State in order I GRANTS TO STATE EDUCATIONAL be authorized to make operational to determine their potential eligibility for AGENCIES FOR DEVELOPMENT OF grants, from such funds, to local educa Follow Through projects. Additional SUCCESSFUL FOLLOW THROUGH tional agencies within that State, which screening will also he necessary to deter PROGRAM MODELS grants will provide for the joint and co mine which communities might have suf ordinated use of the Federal funds so ficient numbers of low-income children I provided with available State and local and sufficient parental and community funds. Since section 231(c) of the Act interest to support a comprehensive pro contemplates such joint and coordinated gram. The planning grant proposal use of State and Federal funds, State should specifically prescribe (a) the level funds must be available for use in manner in which the State educational conjunction with proposed Follow agency proposes to accomplish the above Through project funds. tasks and (b) the specific manner in C. Potential Follow Through projects which complete and satisfactory project funded in accordance with the preceding applications might be developed and sub plan would have the same comprehen mitted by the communities selected. sive program components as currently 2. Selection of sponsors. The State ed operating Follow Through projects, in ucational agency’s proposal shall indi cluding community and parental in cate the manner in which appropriate volvement. Each new project established sponsors might be selected, involving at would begin with classes at the entry least (a) two or more visits by State, level (kindergarten or first grade). In local, and parent representatives to ob the second and subsequent years, an ad serve on a first-hand basis different ditional grade level would be added sponsor approaches and (b) other direct through the third grade. Where budget contact with sponsor representatives and priorities indicate that sufficient funds existing project personnel, if necessary. will be available, projects could begin Proposed Standards and Closing Date Exemplary Follow Through projects with the first two grade levels. Although which are currently operating should Notice is hereby given with respect to the total number of potential projects to serve as models which might be adopted [ the following matters relating to the ad be developed and children to be served for proposed projects. The proposal shall ministration of the Follow Through Pro- will not be a primary consideration in re also indicate the nature of the potential [ gram authorized under section 222 viewing plans, a maximum number of relationships of sponsors, the State edu [(a)(2) of Title n of the Economic Op 5,000 children within the State should cational agency, and the local projects. portunity Act of 1964, as amended (42 be considered in planning for the first 3. State technical assistance. The pro ! U.S.C. 2809(a) (2) ). (As provided in sec operational year. The quality of the po posal shall provide for the establishment tion 222(a) (2) of the Act, the Director tential projects planned will be the pri within the State educational agency of a of the Office of Economic Opportunity mary consideration. Follow Through Program Office (if one and the Secretary of Health, Education, (42 U.S.C. 2809(a) (2); 42 U.S.C. 2824; 34 F.R. does not already exist), to operate in and Welfare have entered into a Memo 9408) conjunction with the Title I Program randum of Understanding, published Office. Since a large number of local II—S pecific R equirements of the P lan June 14, 1969, at 34 F.R. 9408, under projects might be established in ensuing [which the Follow Through Program is A. The duration of the study effort to years, substantial -technical assistance administered by the Secretary through be made pursuant to a planning grant should be made available to local projects [the U.S. Commissioner of Education.) will be approximately 6 months. A two- in the planning, financial management, The matters proposed herein will, if phase program is anticipated. Each educational implementation, in-service [adopted, operate as interim standards grantee must submit an interim report training, facilities rearrangement and all pending the publication of comprehen- of the results of initial planning to the other aspects necessary to successfully jsive Follow Through Regulations which Office of Education by the 15th of May implement a Follow Through project. It are currently being developed. 1972. The second phase will end with the is anticipated that States might use spe completion of the planning study by the I—General P urpose op G rants cialized consultants and university sup 31st of July 1972. port to assist in local planning. [ A. Pursuant to section 231(c). of the B. The overall objective of this study 4. Monitoring. The proposal for a Act (42 U.S.C. 2824(c)), the Commis- effort is to develop a model for State planning grant shall enumerate the [sioner is authorized, in order to coordi- educational agency planning and ad numbers and qualifications of staff po nate the use of State funds and Follow ministration of Follow Through projects tentially available for administering the ^ [ Through funds, to enter into agreements in local school districts in the context [with States or State agencies, pursuant of an agency relationship pursuant • to Follow Through Program in the State l to which they would act as agents of the section 231(c) of the Act. The model educational agency and State Economic »United States for the purpose of provid- shall describe the process by which State Opportunity Office, as well as any con ■ ing financial assistance to eligible local educational agencies might assist local sultant support necessary for successful ■recipients of Follow Through project educational agencies in planning and planning and possible implementation of ; B grants, in connection with specific proj- implementing an expanded Follow Follow Through projects. The proposal ■i ects or programs involving the common Through Program, j . | B o r joint use of such State and Federal C. In preparing its proposal for a should include the nature and frequency ■funds. planning grant under this notice, a State of State visits to local projects and the . ■ . B. In order to plan for potential pro- educational agency shall consider the reporting requirements that the State Bliferation of model projects for early following factors with respect to the anticipates imposing. A State educa- ■childhood education which have been planning and administering of Follow ional agency awarded a planning grant ' ■developed in the Follow Through Pro- Through projects. Such proposals shall shall design an evaluation effort in order B g r a m and which may prove successful specify in such detail as the Commis [ B in a variety of educational settings, the sioner may determine how each such to ensure the quality of education and i ^■Commissioner of Education will make factor will be taken into account in the consistency of all potential Follow ■planning grants to State educational planning process: ‘ Through projects throughout the State. k ^^»gencies to enable them to develop ■mechanisms whereby all available Fed- . ^^Beral, State, and local resources FEDERAL could be REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 g ^»coordinated in such a manner as to ex- Bpand the number of schools and children i ^ »to be served by such projects. For the '• ^»Purpose of this notice the term “State” ^■includes the 50 States, the District of * ^»Columbia, Puerto Rico, Guam, Ameri- ^»can Samoa, the Trust Territory of the BPacifiq Islands, and the Virgin Islands. - ^Bphese planning grants will be an amount ■ n ot to exceed $5t),000 to each of the five B u tâtes selected for participation in fiscal ■year 1972.. If current results from the ■national longitudinal evaluation of Fol- Blow Through demonstrate the desir- ■ ability of proliferation of Follow ■Through type projects, additional funds B f o r implementation may be provided to 4106 NOTICES 5. Innovative nature of projects. Fol missioner, and submitted with the plan each proposed project a systems ap- low Through is an innovative and com ning proposal. proach to management that insures con prehensive program. The successful (42 U.S.C. 2824) tinuous monitoring of cost-effectiveness replication of Follow Through almost and budgeting based upon established certainly will require that school systems III—R ev iew of the P roposals program objectives; and procedures for and communities make substantial and Proposals submitted will be reviewed cycling local project evaluation data lasting changes in traditional procedures based upon performance objectives into by an evaluation committee of education subsequent program planning. and attitudes—changes in the classroom, and management experts. Up to 20 in the range of comprehensive services, points will be awarded on the basis of IV—Additional I nformation in the identification of resources and in each of the five criteria below for a pos interaction between school, parents, and A detailed request for proposals con sible maximum of 100 points: cerning the above described planning community. The State proposal shall, A. Potential value of study results as therefore, specify how the State educa grants has been sent to each State edu a “model” State/local approach to the cational aèency. Additional information tional agency proposes to face this issue successful proliferation and possible im and shall clearly indicate the ways in concerning the grants, including the for plementation of Follow Through projects mat in which States should submit pro which such changes might be sustained. in other States under section 231(c) of 6. Project costs and sources of funds. posals, is contained in that document the Act. Copies therëbf may be obtained from the The initial phase of the State’s planning B. Soundness of procedures proposed efforts shall include an analysis of Fol address indicated below. for (1) identification of local communi The Commissioner has determine! low Through costs. In particular, an ties and agencies with good potential for analysis of the costs of Follow Through possible implementation of the compre that it is necessary to establish a cuto! projects currently being carried out in hensive Follow Through Program; (2) date for the receipt of applications under the State should be made in order to needs assessment of potential Follow this notice. Accordingly, applications identify “core components,” i.e., the es must be received by the Follow Through Through populations with priority given Program, Room 3642, ROB 3, 7th and D sential cost elements which are peculiar to those with greatest economic and edu to Follow Through projects, such as costs cational needs and within this context, Streets SW., Washington, DC 20202, post related to teacher aides, specialized Fol diversity of geographic location, pupil marked no later than the 30th day fol low Through teachers, parental involve population and local educational envi lowing the final publication of this notice ment, PAC groups, community services, ronment; and (3) enabling potential in the F ederal R egister. sponsors, and consultant services. In ad projects and communities to select and Interested persons are invited ta sub dition, the extent to which certain other associate themselves with sponsors. mit written comments, suggestions, or existing Follow Through services and C. Potential capacity to conduct a objections regarding the standards and costs might be assumed by other Federal, requirements contained in this notice, to State, and local projects shall be con comprehensive review of project cost elements and to reduce project costs (or the Director, Follow Through Program sidered in the planning process. These Room 3642, ROB 3, 7th and D Streets cost elements would include such items the portion of costs covered by Follow Through and Title I funds) substantially SW., Washington, DC 20202. Comment as administrative expenses, plant costs, received iii response to this notice wil food, transportation, equipment, remod below the current Follow Through level (including the capacity of the applicant be available for public inspection at thi eling, some consultant expenses, and the preceding office on Mondays througl regular teaching staff. The State must to provide a sufficient contribution of State funds under a replication mecha Fridays between 8:30 a.m. and 4:30 p.m provide an analysis of these and other All relevant material received not late sources of funds that might be directed nism), while successfully implementing Follow Through Program components. than 15 days after the publication of toward the establishment of Follow this notice in the F ederal R egister wil Through projects, including attention to D. Anticipated quality of working rela be considered. the insuring of timely and sufficient con tions between the State educational tributions of State funds to the programs agency, State Economic Opportunity Of Dated: February 10,1972. or projects which might be involved. This fice and other affected State agencies S. P. Marland, Jr., task represents a substantial effort in the and between State agencies, local agen U.S. Commissioner o f Education. cies, and communities. The nature and overall planning study. The grantee shall Approved: February 23,1972. also make a cost reduction analysis of extent of provisions for effective techni proposed project activities. This should cal assistance to projects will be evalu E lliot L. R ichardson, be designed to establish a basis for re ated. The committee will consider the Secretary o f Health, Education, ducing the per pupil Follow Through ex extent to which the proposal provides for and Welfare. penditure to the lowest possible level the range of present and/or potential [PR Doc.72-2999 Piled 2-25-72;8:54 am] consistent with successful replication. “Stakeholders” in Follow Through proj Shared funding, i.e., Title I and Follow ects to be represented by persons par Through, should be considered in con ticipating in drawing up the plan, i.e., HANDICAPPED CHILDREN’S EARLY structing the proposed project budget. parents (especially low-income parents), EDUCATION PROGRAM administrators, teachers, community 7. Scope and budget of planning study.action agencies, other community agen Notice of Closing Date for Receipt ol The Office of Education plans to make cies, and State and local officials. The Applications variable sums of money available to each Office of Education will consider the of the five States selected for conduct qualifications of persons participating in Pursuant to the authority contains of this planning study. Each State edu the study, as well as the diversity of loca in section 623 of the Education of $ Handicapped Act (84 Stat. 183, 20 U.S1 cational agency which is awarded a plan tion, pupil population and local educa tional environment, in order to ensure 1423), notice is hereby given that tn ning grant may budget a maximum of the widest possible variety of responsive U.S. Commissioner of Education has es $50,000 for the conduct of the planning proposals. tablished a final closing date for receip study. If the applicant State is also a E. Soundness of the management plan of applications for model demonstratio current recipient of a Follow Through by which State administration and local early education projects under tn technical assistance grant, such State program effectiveness are to be meas Handicapped Children’s Early Educate should, if possible, reprogram its tech ured, including: Proposed procedures Program. Such applications must » nical assistance grant funds so that the for establishing statewide performance postmarked on or before the 30th da! criteria of expected student achievement following the publication of this notio major portion might be applied toward gains resulting from the program; pro this study effort. A detailed budget for in the F ederal R egister, or on or befor cedures for assisting local education February 16, 1972, whichever is later- the planning study shall be constructed agencies in establishing measurable pro within the preceding limitation, in such gram objectives related to student Regulations governing such appbc* format as may be prescribed by the Com- achievement; procedures for installing in tions and other programs and projec FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 NOTICES 4107 authorized under Part C of the Act are room, Williamsburg Conference Center, being developed, and will be published ATOMIC ENERGY COMMISSION Williamsburg, Va. 23185. in the F ederal R egister as notice of pro This prehearing conference and the posed rule making, subject to public com [Docket No. 50-363] evidentiary hearing which it anticipates ment, as soon as they have been JERSEY CENTRAL POWER AND LIGHT will be held in accordance with a Com ! completed. CO. mission Memorandum and Order dated Dated: February 18,1972. November 18, 1971. At that time the Notice of Availability of Applicant’s Commission stated: S. P. M arl and, Jr., Environmental Report As to the scope of the ensuing hearing, U.S. Commissioner of Education. we agree with the regulatory staff and the [PR Doc.72-2893 Piled 2-25-72;8:50 am] Pursuant to the National Environmen applicant that the issue for adjudicatory con tal Policy Act of 1969 and the Atomic sideration should be that matter to which Energy Commission’s regulations in Ap the intervention petition and contest of the pendix D to 10 CFR Part 50, notice is license grant is specifically confined. We DEPARTMENT OF HOUSING AND hereby given that a report entitled “Ap would state that hearing issue as suggested plicant’s Environmental Report—Con by the regulatory staff in its response to the struction Permit Stage, January 24, petition: URBAN DEVELOPMENT Whether, with regard to the disputed 1972,’’ for the Forked River Nuclear Gen welds and welding practices, there is a rea [Docket No. D-72-151] erating Unit 1, submitted by the Jersey sonable assurance that the activities which ACTING REGIONAL ADMINISTRATOR, Central Power and Light Co., has been would be authorized by an operating license placed in the Commission’s Public Docu can be conducted without endangering the REGION VI (FORT WORTH) ment Room at 1717 H Street NW., Wash health and safety of the public. Designations ington, DC, and in the Ocean County Li brary, 15 Hooper Avenue, Toms River, Dated at Washington, D.C., this 22d The officers appointed to the follow NJ 08753. The report is also being made day of February 1972. ing listed positions in Region VI (Fort available to the public at the Division of Worth) are hereby designated to serve as For the Atomic Safety and Licensing State and Regional Planning, Depart Board. Acting Regional Administrator, Region ment of Community AfFairs, Post Office VI, during the absence of the Regional J ames R . Y ore, Box 1978, Trenton, NJ 08625, and at the Chairman. Administrator, with all the powers, func Ocean County Planning Board, Court tions, and duties redelegated or assigned house Square, Toms River, N.J. 08753. [FR Doc.72-2873 Filed 2-25-72;8:48 am] to the Regional Administrator: Provided, This report discusses environmental That no officer is authorized to serve as considerations related to the proposed Acting Regional Administrator unless all construction of the Forked River Nuclear other officers whose titles precede his in Generating Unit 1 located in Lacey CIVIL SERVICE COMMISSION this designation are unable to act by rea Township, Ocean County, N.J. son of absence: After the reports have been analyzed CIVIL AERONAUTICS BOARD 1. Deputy Regional Administrator. by the Commission’s Director of Regu Notice of Grant of Authority To Make 2. Regional Counsel. lation or his designee, a draft statement Noncareer Executive Assignments 3. Assistant Regional Administrator of environmental considerations related for Housing Production and Mortgage to the proposed action will be prepared. Under authority of § 9.20 of Civil Serv Credit. Upon preparation of the draft detailed ice Rule IX (5 CFR 9.20), the Civil Serv These designations supersede the des statement, the Commission will, among ice Commission authorizes the Civil Aero ignations effective October 30, 1969 (34 other things, cause to be published in the nautics Board to fill by noncareer execu P.R. 19150-19151, Dec. 3, 1969). F ederal R egister a summary notice of tive assignment in the excepted service Effective date. These designations shall availability of the draft detailed state the position of Special Assistant to Di be effective as of August 23, 1970. ment. The summary notice will request rector, Bureau of Economics, Office of Director. R ichard L. Morgan, comments from interested persons on Regional Administrator. the proposed action and on the draft U nited S tates Civil S erv ice Commission, [PRDoc.72-2892 Filed 2-25-72;8:49 am] statement. The summary notice will also [seal] . J ames C. S pr y , contain a statement to the effect that Executive Assistant to the comments of Federal agencies and the Commissioners. DEPARTMENT 0F State and local officials thereon will be [FR Doc.72-2915 Filed 2-25-72;8:52 am] available when received. TRANSPORTATION Dated at Bethesda, Md., this 22d day. Federai Aviation Administration of February 1972. DEPARTMENT OF THE AIR FORCE FUGHT SERVICE STATION AT IM For the Atomic Energy Commission. Notice of Grant of Authority To Make PERIAI, NEBR. MUNICIPAL AIRPORT R ichard C. DeY oung, Noncareer Executive Assignment Notice of Decommissioning Assistant Director for Pressur ized Water Reactors, Division Under authority of § 9.20 of Civil Serv Notice is hereby given th at on or about of Reactor Licensing. ice Rule IX (5 CFR 9.20), the Civil Serv February 26,1972, the Flight Service Sta [FR Doc.72-2910 Filed 2-25-72;8:54 am] ice Commission authorizes the Depart tion at Imperial, Nebr. Municipal Air- ment of the Air Force to fill by noncareer Port, Imperial, Nebr., will discontinue executive assignment in the excepted operation as an FAA facility. Service to [Docket No. 50-280] the aviation public of Imperial, Nebr., service the position pf Special Assistant formerly provided by this facility will be VIRGINIA ELECTRIC AND POWER CO. for Environmental Quality, Office of the Provided by the North Platte, Nebr. Order of the Board Scheduling Assistant Secretary (Installations and *ught Service Station. This information Prehearing Conference Logistics), Office of the Secretary of the ™i be reflected in the FAA Organization Air Force. statement the next time it is reissued. In the matter of Virginia Electric U nited S tates Civil S erv Issued in Kansas City, Mo., on Febru and Power Co. (Surry Power Station ary 16, 1972. ice Commission, Unit 1), Docket No. 50-280. [ seal] J ames C. S pr y , J ohn M. C yrocki, A prehearing conference in the above Executive Assistant to Director, Central Region. matter will be held on March 10, 1972 the Commissioners.' [PR Doc.72-2869 Filed 2-25-72; 8:47 am] at 10 ajn., local time, in the North Ball [FR Doc.72-2917 Filed 2-25-72;8:52 am] FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4108 NOTICES DEPARTMENT OF THE ARMY DEPARTMENT OF HEALTH, DEPARTMENT OF THE INTERIOR : EDUCATION, AND WELFARE Notice of Title Change in Noncareer Notice of Revocation of Authority To Executive Assignment Notice of Grant of Authority To Make Make Noncareer Executive Assign" Noncareer Executive Assignment ment By notice of November 17, 1967, F.R. Doc. 67-13608, the Civil Service Com Under authority of § 9.20 of Civil Serv Under authority of § 9.20 of Civil Serv mission authorized the departments and ice Rule IX (5 CFR 9.20), the Civil Serv ice Rule IX (5 CFR 9.20), the Civil Serv agencies to fill by noncareer executive ice Commission authorizes the Depart ice Commission revokes the authority of assignment, certain positions removed ment of Health, Education, and Welfare the Department of the. Interior to fill by from Schedule C of Civil Service Rule to fill by noncareer executive assignment noncareer executive assignment in the VI by 5 CFR 213.3301a on November 17, in the excepted service the position of excepted service the position of Assist 1967. This is notice that the title of one Deputy Administrator for Development, ant to the Commissioner, Bureau of such position so authorized to be filled Public Health Service, Health Services Indian Affairs, Office of the Commis by noncareer executive assignment has and Mental Health Administration, Of sioner. been changed from “Special Assistant to fice of the Administrator. U nited S tates Civil S erv ice Commission, U nited S tates Civil Serv the Chief of Legislative Liaison for Legis [ seal] J ames C. S p r y , lative Affairs” to “Special Assistant for ice C ommission, Executive Assistant to Legislative Affairs, Office, Secretary of [seal] J ames C. S pr y , the Commissioners. Executive Assistant to the Army.” the Commissioners. [FR Doc.72-2931 Filed 2-25-72;8:53 am] U nited S tates Civil S erv [FR Doc.72-2920 Filed 2-25-72;8:52 am] ice Commission, DEPARTMENT OF THE INTERIOR [ seal] J ames C. S p r y , Executive Assistant to DEPARTMENT OF HEALTH, Notice of Revocation of Authority To the Commissioners. EDUCATION, AND WELFARE Make Noncareer Executive Assign [FR Doc.72-2935 Filed 2-25-72;8:53 am] Notice of Revocation of Authority To ment Make Noncareer Executive Assign Under authority of § 9.20 of Civil Serv-i DEPARTMENT OF COMMERCE ment ice Rule IX (5 CFR 9.20), the Civil Serv ice Commission revokes the authority; Notice of Grant of Authority To Make Under authority of § 9.20 of Civil Serv of the Department of the Interior to fill Noncareer Executive Assignments ice Rule IX (5 CFR 9.20), the Civil Serv by noncareer executive assignment in the ice Commission revokes the authority excepted service the position of Deputy Under authority of § 9.20 of Civil Serv of the Department of Health, Education, Assistant Secretary for Programs, Office ice Rule IX (5 CFR 9.20), the Civil Serv and Welfare to fill by noncareer execu of the Secretary, Office of the Assistant ice Commission authorizes the Depart tive assignment in the excepted service Secretary—Mineral Resources. the position of Deputy Assistant Secre ment of Commerce to fill by noncareer U nited States Civil S erv executive assignment in-the excepted tary for Health Policy Implementation, Office of the Secretary, Office of the As ice Commission, service the position of Executive Assist [ seal] J ames C. S p r y , sistant Secretary for Health and Scien ant to the Commissioner of Patents, Executive Assistant to tific Affairs. Patent Office. the Commissioners. United S tates Civil Serv [FR Doc.72-2930 Filed 2-25-72;8:53 am] U nited S tates Civil S erv ice Commission, ice Commission, [seal! J ames C. S p r y , [ seal] J ames C. S p r y , Executive Assistant to DEPARTMENT OF THE INTERIOR Executive Assistant to the Commissioners. the Commissioners. Notice of Grant of Authority To Make [FR Doc.72-2928 Filed 2-25-72;8:53 am] [FR Doc.72-2916 Filed 2-25-72; 8:52 am] Noncareer Executive Assignment Under authority of § 9.20 of Civil Serv DEPARTMENT OF COMMERCE DEPARTMENT OF HOUSING AND ice Rule IX (5 CFR 9.20), the Civil Serv URBAN DEVELOPMENT ice Commission authorizes the Depart Notice of Title Change in Noncareer ment of the Interior to fill by noncareer Executive Assignment Notice of Title Change in Noncareer Executive Assignment executive assignment in the excepted By notice of January 7,1971, F.R. Doc. service the position of Deputy Assistant 71-244 the Civil Service Commission au By notice of September 9, 1970, F.R. Secretary—Mineral Resources (Minerals thorized the Department of Commerce to Doc. 70-11901 the Civil Service Commis and Energy Policy), Office of the Sec fin by noncareer executive assignment sion authorized the Department of Hous retary. the position of Director of Policy Analy ing and Urban Development to fill by tJNiTED S tates Civil Serv sis, Office of the Secretary, Office of the noncareer executive assignment the ice Commission, position of Director, Housing Programs [ seal] J ames C . Sp r y , Special Assistant to the Secretary for Executive Assistant to Policy Development. This is notice that Management Division, Renewal and the Commissioners. Housing Management, Office of Housing the title of this position is now being [FR Doc.72-2921 Filed 2-25-72;8:52 am] changed to Deputy Director, Office of Management. This is notice that the title Policy Development, Office of the Special of this position is now being changed to Assistant to the Secretary for Policy De Director, Office of Housing Programs, DEPARTMENT OF JUSTICE velopment, Office of the Secretary. Housing Management. Notice of Revocation of Authority To U nited S tates Civil S erv U nited S tates Civil S erv Make Noncareer Executive Assign ice Commission, ice Commission, ment [ seal] J ames C. S pr y , [seal] J ames C. S pr y , Executive Assistant to Executive Assistant to Under authority of § 9.20 of Civil Serv the Commissioners. the Commissioners. ice Rule IX (5 CFR 9.20), the Civil Serv [FR Doc.72-2934 Filed 2-25-72;8:53 am] [FR Doc.72-2897 Filed 2-25-72; 8:51 am] ice Commission revokes the authority o* FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 NOTICES 4109 the Department of Justice to fill by non NATIONAL COMMISSION ON LI signment in the excepted service the po career executive assignment in the ex BRARIES AND IN FORM ATION sition of General Counsel. cepted service the position of Chief, SCIENCE U nited S tates Civil S erv ice Commission, Analysis and Evaluation Section, Inter Notice of Grant of Authority To Make nal Security Division. { seal! J ames C. S p r y , Noncareer Executive Assignment Executive Assistant to U nited S tates Civil Serv Under authority of § 9.20 of Civil Serv the Commissioners. ice Commission, ice Rule IX (5 CFR 9.20), the Civil Serv [FR Doc.72-2918 Filed 2-25-72;8:52 am] [seal] J ames C. S pr y , ice Commission authorizes the National Executive Assistant to the Commissioners. Commission on Libraries and Informa WHITE HOUSE CONFERENCE ON CHILDREN AND YOUTH [PR Doc.72-2929 Filed 2-25-72; 8:53 am] tion Science to fill by noncareer execu tive assignment in the excepted service Notice of Revocation of Authority To the position of Executive Director. Make Noncareer Executive Assign DEPARTMENT OF JUSTICE United S tates Civil S erv ment ice Commission, Notice of Grant of Authority To Make [seal] J ames C. S pr y , Under authority of § 9.20 of Civil Noncareer Executive Assignment Executive Assistant to Service Rule IX (5 CFR 9.20), the Civil the Commissioners. Service (Commission revokes the author Under authority of § 9.20 of Civil Serv ity of the White House Conference on ice Rule IX (5 CFR 9.20), the Civil Serv [FR Doc.72-2924 Filed 2-25-72;8:52 am] Children and Youth to fill by noncareer ice Commission authorizes the Depart executive assignment in the excepted ment of Justice to fill by noncareer ex service the position of National Chair ecutive assignment in the excepted serv OFFICE OF MANAGEMENT AND man, White House Conference on Chil dren and Youth. ice the position of Chief, Special Litiga BUDGET tion Section, Internal Security Division. Notice of Grant of Authority To Make U nited S tates Civil S erv ice Commission, U nited S tates Civil S erv Noncareer Executive Assignment [seal] J ames C. S p r y , ice Commission, Under authority of § 9.20 of Civil Serv Executive Assistant to [ seal ] J ames C . S pr y , the Commissioners. Executive Assistant to ice Rule IX (5 CFR 9.20), the Civil Serv the Commissioners. ice Commission authorizes the Office of [FR Doc.72-2933 Filed 2-25-72;8:53 am] [FR Doc.72-2922 Filed 2-25-72;8:52 am] Management and Biidget to fill by non career executive assignment in the ex PROFESSOR OF MILITARY HISTORY, cepted service the position of Assistant MILITARY ACADEMY, WEST POINT DEPARTMENT OF TRANSPORTATION to the Economist, Office of the Director. Manpower Shortage; Notice of Listing Notice of Grant of Authority To Make U nited S tates Civil S erv Under the provisions of 5 U.S.C. sec ice Commission, Noncareer Executive Assignments tion 5723, the Civil Service Commission [ seal] J ames C. S p r y , found on February 4, 1972, a manpower Under authority of § 9.20 of Civil Serv Executive Assistant to shortage for a single position of Profes ice Rule IX (5 CFR 9.20), the Civil Serv the Commissioners. sor of Military History, GS-1710-15, U.S. ice Commission authorizes the Depart [FR Doc.72-2923 Filed 2-25-72;8:52 am] Military Academy, West Point, N.Y. The ment of Transportation to fill by non finding is self-canceling when the posi tion is filled. career executive assignment in the ex OFFICE OF TELECOMMUNICATIONS Assuming other legal requirements are cepted service the position of General met, an appointee to this position may Counsel, Federal Aviation Administra POLICY be paid for the expense of travel and tion. Notice of Grant of Authority To Make transportation to first post of duty. U nited S tates Civil S erv Noncareer Executive Assignment U nited S tates Civil S erv ice ommission C , ice Commission, Under authority of § 9.20 of Civil Serv [seal] J ames C. S p r y , [ seal] J ames C. S p r y , Executive Assistant to ice Rule IX (5 CFR 9.20), the Civil Serv Executive Assistant to the Commissioners. ice Commission authorizes the Office of the Commissioners. [FR Doc.72-2925 Filed 2-25-72;8:53 am] Telecommunications Policy to fill by [FR Doc.72-2927 Filed 2-25-72;8:53 am] noncareer executive assignment in the excepted service the position of Assistant TEXTILE TECHNOLOGIST, farm c r ed it administration Director for International Communica BUREAU OF CUSTOMS tions and Executive Direction. Notice of Revocation of Authority To Manpower Shortage; Notice of Listing Make Noncareer Executive Assign U nited S tates Civil S erv ment ice C ommission, Under the provisions of 5 U.S.C. 5723, [ seal] J ames C. S p r y , the Civil' Service Commission found on Under authority of §, 9.20 of Civil Serv- * Executive Assistant to January 29, 1972, a manpower shortage ice Rule IX (5 CFR 9.20), the Civil Serv the Commissioners. for a position of Textile Technologist, ice Commission revokes the authority of [FR Doc.72-2919 Filed 2-25-72;8:52 am] GS-1384-12, Bureau of Customs, Region the Farm Credit Administration to fill by IV, Miami, Fla. Assuming other legal requirements are noncareer executive assignment in the met, an appointee to this position may be excepted service the position of Deputy PAY BOARD paid for the expense of travel and trans Director of Cooperative Bank Service. portation to first post of duty. Notice of Grant of Authority To Make U nited S tates Civil S erv * Noncareer Executive Assignment U nited S tates Civil S erv ice Commission, ice C ommission, [seal] J ames C. S pr y , Under authority of § 9.20 of Civil Serv [ sealI J ames C. S p r y , Executive Assistant to ice Rule IX (5 CFR 9.20), the Civil Serv Executive Assistant to the Commissioners. ice Commission authorizes the Pay the Commissioners. [FR Doc.72-2932 Filed 2-23-72; 8; 53 am] Board to fill by noncareer executive as- [FR Doc.72-2926 Filed 2-25-72;8:53 am] FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4110 NOTICES to carry out a highway beautification FOREST SERVICE COMMISSION ON HIGHWAY program; and Draft, February 4 (6) Recommend such modifications or Application for Class A Special Use Per additions to existing laws, regulations, mit to construct a road in the Coulter! BEAUTIFICATION policies, practices, and demonstration Creek Drainage, Chelan County, Wash, HIGHWAY BEAUTIFICATION The Pack River Co. of Peshastin, Wash,,- programs as will, in the judgment of has requested a special use permit from Notice and Place of Public Hearing the Commission, achieve a workable and the Forest Service for construction of a effective highway beautification pro road in this drainage for logging and F ebruary 22,1972. gram and best serve the public interest. other land management purposes. (ELR; Notice is hereby given that the Com A report of the Commission’s find Order No. 1741, 22 pages) (NTIS Order mission on Highway Beautification will ings will be submitted to the President No. PB-206 376—D) arid the Congress no later than August Draft, January 28 have its third public hearing in St. Louis 1972 Siskiyou National Forest Herbicide on March 20,1972. of this year. Program, Josephine, Curry, and Coosj St. Louis was chosen as a hearing site This is the third in a series of hear Counties, Oreg. The selective herbicides in order to give interested parties in the ings to be held in different sections of 2,4-D, 2,4,5-T, or atrazine will be applied Midwest and Southwest an opportunity the country during 1972. Additional to 213 separate tracts totaling 11,858 to present their views to the members of hearings are planned for Meriden, Con acres during one of two application sea the Commission on the important issue necticut, and Rochester, New York in sons. Reduction of vegetative competi-i mid-April and Washington, D.C., in tion to increase survival of newly planted I of highways and their relationship to conifer seedlings is the treatment objec- I the environment. Among other things, mid-May. The hearing is scheduled for 9:30 a.m. tion. (BLR Order No. 1801, 16 pages):I the Commission is particularly interested (NTIS Order No. PB-206 404-D) in learning about the position of States at the Gateway Arch, Jefferson National in this region which face Federal Expansion Memorial, St. Louis, Missouri. RURAL ELECTRIFICATION ADMINISTRATION ] penalties for failure to comply with the This site was selected in conjunction Draft, February 3 Highway Beautification Act of 1965, and with the one hundredth anniversary of Hilton Head Island, Beaufort County, S.C, I problems of compliance with that Act in the National Park Service. Installation of a 20-mw. emergency gas I This is an open hearing and the pub turbine, a 250,000 gallon oil storage tank, I States with extensive rural and unzoned oil truck unloading facilities, a stepup I areas. lic is invited both to attend and to participate. The hearing will be one day transformer, and 3,300 feet of 69-ky, I The Commission was established by transmission line. (BLR Order No. 1782,1 the Federal-Aid Highway Act of 1970 in length. Those interested in testifying 28 pages) (NTIS Order No. PB-206 1 (Public Law 91-605). It has 11 mem are requested to contact the Commission 398-D) bers—four from the Senate, four from at 1121 Vermont Avenue NW,, Washing Final, February 9 the House of Representatives, and three ton, DC 20005, by March 13, and if pos Hayden, Colo. Construction of a 250-mw, I coal fueled electrical generating station, I appointed by the President. Congressman sible, to submit a copy or a brief assisted by a $12 million loan from REA,I Jim Wright (D), Texas, is the Chairman. summary of their testimony by that Comments made by USDA, Army COE,I The four Commissioners from the Senate date. EPA, FPC, and .various State -agencies,I are Birch Bayh (D), Indiana; Mike L eo A. B yrnes, (ELR Order No. 1827, 37 pages) (NTISI Gravel (D), Alaska; James Buckley Staff Director and Counsel» Order No. PB-203 795-F) (R ), New York; and Lowell Weicker SOIL CONSERVATION SERVICE (R ), Connecticut. The House members [FR Doc.72-2904 Filed 2-25-72; 8:50 am] are Chairman Wright; Ed Edmondson F in a lJanuary 31 Hurricane Creek Watershed Project Meas-1 (D), Oklahoma; Don Clausen (R), Cali •ure, Hopkins County, Ky. Acceleration! fornia; Fred Schwengel (R ), Iowa. of present land treatment program, in-l The public members are Alfred Bloom- COUNCIL ON ENVIRONMENTAL stallation of three floodwater retarding! ingdale, Chairman of the Board, A. B. structures, and improvement of 4 miles! Enterprises, Los Angeles, Calif.; Mrs. QUAUTY of channel. Will inundate 1 mile of inter-! Marion Fuller Brown, member of the mittent streams. Comments made by! Maine Legislature, York, Maine; and ENVIRONMENTAL IMPACT EPA, DOI, Army COE, various State oil Michael Rapuano, landscape architect, STATEMENTS Kentucky agencies. (ELR Order No. 1783,1 13 pages) (NTIS Order No. 203 511-P) I Newton, Pa., and New York City. Notice of Public Availability Final, February 3 The Act directed the Commission to; Sweetwater Creek watershed project, Me-1 (1) Study existing statutes and reg Environmental impact statements re Ninn, Monroe, and Louden Counties, I ulations governing the control of out ceived by the Council on Environmental Tenn. Conservation land treatment I door advertising and junkyards in areas Quality February 7-February 11,1972. measures and the installation of nine I adjacent to the Federal-aid highway floodwater retarding structures supple" I Note: At the head of the listing of state mented by about 42.3 miles of channel I system; ments received from each agency is the name (2) Review the policies and practices improvement for flood control. (ELBl of an individual who can answer questions Order No. 1811, 14 pages) (NTIS Order I of the Federal and State agencies regarding those statements. No. PB-206 396—F) charged with administrative jurisdiction Department op Agriculture over such highways insofar as such poli Department of Defen se Contact: Dr. T. C. Byerly, Office of the Sec cies and practices relate to governing DEPARTMENT OF ARMY the control of outdoor advertising and retary, Washington, D.C. 20250 (202) Corps of Engineers junkyards; 388-7803. AGRICULTURAL RESEARCH SERVICE Contact: Francis X. Kelly, Assistant for Con-1 (3) Compile data necessary to under servation Liaison, Public Affairs Office, I stand and determine the requirements Draft, February 3 Office, Chief of Engineers, 1000 Independ for such control which may now exist Removal of Canada plum to control green ence Avenue SW., Washington, DC 203H or are likely to exist within the foresee peach aphid in Aroostook and Penobscot (202) 693-6346. able future; Counties, Maine. The overwintering host plant (Canada plum) of the green peach Draft, February 2 (4) Study problems relating to the Flushing Bay and Creek, Borough o! control of onpremise outdoor advertising aphid will be removed by chemical and mechanical methods from certain test Queens, New York City. Maintenance signs, promotional signs, directional areas in Maine. The trees will be cut and dredging of the existing Federal project signs, and signs providing information the stumps painted with ammonium sul- the spoil will probably be disposed in the that is essential to the motoring public; famate. Trees left uncut will be sprayed approved dumping grounds in the At (5) Study methods of financing and with the insecticide demeton. (ELR Or possible sources of Federal funds, in der No. 1808, 10 pages) (NTIS Order No. lantic Ocean. (ELR Order No. 1784,1 cluding use of the Highway Trust Fund, PB-206 386-D) pages) (NTIS Order No. PB-206 391-D) ] FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 NOTICES 4111 Draft, January 31 • Final, February 2 N. Mex. (ELR Order No. 1797, 26 pages) Tarrytown Harbor, N.Y. Maintenance ac Hillsdale Lake, Big Bull Creek, Kans. Initi (NTIS Order No. PB-206 375-D) tion consisting of dredging an existing ate construction on receipt of funds of Designation as wilderness 4,598 acres of Federal navigation channel, spoil will a dam and lake in Miami County, Kans. be disposed of in the Atlantic Ocean. the 22,666-acre Moosehorn National Environmental impacts includes stream Wildlife Refuge, Washington County, (ELR Order No. 1785, 7 pages) (NTIS control and flow alterations, temporary Order No. PB-206 395-D) Maine. (ELR Order No. 1798, 25 pages) soil erosion, turbidity and noise during (NTIS Order No. PB-206 378-D) Westchester Creek, N.Y. Maintenance ac construction, downstream flood control, tion consisting of dredging the existing Designation as wilderness 28,000 acres of provision of a 4,580-acre lake; altered the Cape Romain National Wildlife Ref Federal channel to its authorized project traffic patterns, etc. Comments made by dimensions. Spoil from the channel will uge, located in Charleston County, S.C., DOT, DOI, USDA, EPA, various State of within the National Wilderness Preserva be deposited in Eaton’s Neck disposal Kansas agencies, and University of Kan area unless the contractor finds a suit tion System. (ELR Order No. 1799, 25 sas. (ELR Order No. 4796, 55 pages) pages) (NTIS Order No. PB-206 382-D) able upland site and he has the approval (NTIS Order No. PB-202 917-F) of the land owners and concerned gov Final, February 10 NATIONAL PARK SERVICE ernmental agencies. (ELR Order No. Small Navigation Project, Andrews River, Draft, February 4 1786, 7 pages) (NTIS Order No. PB-206 Harwich, Mass. Construction of a Jetty 394-D) National Park Service proposes that a cor and retaining wall to prevent shoaling ridor 6.8 miles in length between Grand New York and New Jersey channels, navi of entrance channel. Comments made by gation project. Maintenance action con Teton and Yellowstone National Parks DOC, DOI. (ELR Order No. 1833, 6 pages) in Teton County, Wyo., be designated as sisting of dredging New York and New (NTIS Order No. PB-202 919-F) Jersey channels to their authorized proj John D. Rockefeller, Jr., National Me ect dimensions. The dredged spoils will E nvironmental P rotection Agency morial Parkway. In addition, it is pro posed that certain connecting roads be deposited In the designated disposal Contact: Sheldon Meyers, Director, Office of area in the Atlantic Ocean. (ELR Order Federal Activities, Room 3630, Waterside within these national parks be desig No. 1787, 9 pages) (NTIS Order No. PB- Mall, Washington, DC 20460, (202) nated by secretarial action as Rockefeller 206 393—D) - 755-0940. Parkway. (ELR Order No. 1780, 20 pages) (NTIS Order No. PB-206 397-D) Harlem River Channel, N.Y. Maintenance Draft, February 4 Draft, February 5 action consisting of dredging the existing Wastewater facilities, Ausin, Tex. Con Federal Channel in the Harlem River, struction of a deep tunnel interceptor Big Cypress National Fresh Water Reserve, to its authorized project dimensions. The and enlargement of existing wastewater Fla. Federal Government will acquire spoil will be deposited in the approved treatment plant. The tunnel will inter requisite legal interest in 585,000 acres dumping area in Eaton’s Neck disposal cept overloaded trunk sewer wastewater in Big Cypress Watershed in Collier, area in the Long Island Sound. (ELR flows and convey them to the proposed Monroe, and Dade Counties, critical to Order No. 1788, 9 pages) (NTIS Order wastewater treatment plant. (ELR Order protection of freshwater resource of No. PB-206 399—D) No. 1791, 48 pages) (NTIS Order No. Everglades National Park, estuarine re New York Harbor, N.Y. Dredging the Fed PB-206 401—D) gions, and cities of southwest Florida. eral Channel in New York Harbor to its (ELR Order No. 1805, 80 pages) (NTIS authorized project dimensions. The spoil J( Department op Housing and Order No. PB-206 380-D) Urban Development will be deposited in the approved dump Department of T ransportation ing grounds in the Atlantic Ocean. (ELR Contact: Richard H. Broun, Director, Envi Order No. 1789, 8 pages) (NTIS Order ronmental and Land Use Planning Divi Contact: Martin Convisser,1 Director, Office No. PB-206 403-D) sion, Washington, D.C. 20410, (202) 755- of Program Coordination, 400 Seventh Draft, February 1 6186. Street SW., Washington, DC 20590, (202) New York Harbor Anchorages, N.Y. Im Final, February 8 462-4357. provement by dredging of two existing Wayne County, N.Y. Development of a new FEDERAL AVIATION ADMINISTRATION anchorage areas in New York Harbor to community over a 20-year period, with a permit use by freighters and oil tankers HUD guaranteed $20 million loan. Town Draft, February 7 of greater length and draft. The project ships of Walworth and Macedon. Com Gamer Field, Uvalde, Tex. Acquire land involves dredging of a 1,260-acre area ments made by USDA, FPC, DOT, and for airport development and clear zones; and most directly affects the States of regional offices. (ELR Order No. 1834, 28 strengthening and extending of runway, New York and New Jersey. (ELR Order pages) (NTIS Order No. PB-204 845-F) installation of medium intensity light No. 1792, 25 pages) (NTIS Order No. PB - ing, VASI system, and security fencing. 206 400-D) Department op I nterior (ELR No. 1807, 31 pages) (NTIS Order Draft, February 3 Contact: Office of Communications, Room No. PB-206 385—D) Diking District No. 1, Wahkiakum County, 7214, Washington, D.C. 20240, (202 ) 343- Lawton Municipal Airport, Comanche Wash. Raising portions of levee, fining 6416. County, Okla. Extending, widening, and ditch behind levee; repairing, replacing BUREAU OF RECLAMATION strengthening present runway, installa tide boxes; and adding new pumping tion of high intensity lighting and ac Final, February 4 quiring land for south dear zone. (ELR stations, repairing existing ones, with Navajo Project, Ariz. Construction of three the intention of providing better flood Order No. 1810, 41 pages) (NTIS Order units, 2,310-mw. coal burning generat No. PB-206 392—D) control. (ELR Order No. 1809, 12 pages) ing station to supply electrical energy Carnegie Airport, Caddo County, Okla. (NTIS Order No. PB-206 389-D) for the Southwest. Construction also of Flood Protection Project, Douglas and a 78-mile railway to haul coal from the Construction of new airport facility for Leavenworth Counties, Kans. Construc Black Mesa Coal Mine (a strip mine) to use by light propeller driven aircraft. tion of levees, channel improvements, the station, and 800 miles of 500-kv. (ELR Order No. 1813, 13 pages) (NTIS bridge replacements and alterations, transmission line. Station will consume road raises and relocations, and Interior Order No. PB-206 373-D) a maximum of 34,000 acre-feet of cooling Final, February 8 drainage structures. (ELR Order No. 1812, water annually from Lake Powell, emit 47 pages) (NTIS Order No. PB-206 390-D) Andrews County Airport, Andrews, Tex. D ra ft, February 4 210 tons of SOa and 204 tons of Nox per day until removal systems are developed Overlay existing 75' x 4,000' N/S runway Munday, Tex. Improvement and enlarge and produce an estimated 1,815 tons of ment of existing channels of Lake Creek and extend to 5,300 feet; acquire land to waste ash per day. Comments made by extend runway, replace existing runway watershed to intercept and direct flood USDA, DOI, HEW, FPC, DOT, TVA, Gov waters from Munday. (ELR Order No. ernors of Arizona, California, Colorado, lighting, install airport beacon, and VASI 1819, 3 pages) (NTIS Order No. PB-206 460—p) Nevada, New Mexico, and Utah and nu land air. Total estimated cost: $197,761. Comments made by DOI, USDA, HEW, D ra ft, February 7 merous agencies of these States. (ELR Order No. 1781, 337 pages) (NTIS Order DOT, EPA, County of Andrews. (ELR River, East Bank, Warren to No. PB—203 228—F) Wilkinsoff-Counties, Miss. Construction Order No. 1803, 86 pages) (NTIS Order or 12.4 miles of levee, a 300 c.f.s. pump- bureau op sport fish er ies and w ildlife No. PB—201 576-F) og plant, 12 miles of channel improve Draft, February 4 ment, three 8-foot floodgates, and a con Designation as wilderness 32,500 acres * Mr. Convisser’s office will refer you to the servation weir. (ELR Order No. 1828, 19 within the Bosque del Apache National Pages) (NTIS Order No. PB-260 461-D) regional office from which the statement Wildlife Refuge In Socorro County, originated. No. 39------7 FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 NOTICES 4112 dences will be displaced. Project No. FEDERAL HIGHWAY ADMINISTRATION Final, February 9 Routes 83 and 94: Town of Glastonbury, 8155.00. Comments made by HUD and | Draft, February 2 Conn. Reconstruction of 0.39 mile of DOI. (ELR Order No. 1832, 27 pages) Toledo—Downtown Distributor—S.R.—112: Route 83 and 0.54 mile of Route 94 at in (NTIS Order No. PB-200 805-F) Lucas County, Ohio. Construction ot a tersection in Glastonbury. Six acres of S.R. 43: Montgomery County, Ind. Im 0.9 mile limited access highway, start meadow and woods required for right- provement of 3.2 miles of four-lane di ing at 1-75 and extending across portion of-way. Project No. SU -S-9(5). Com vided highway. Displacement of four 1 of Toledo, Ohio, to end in two down ments made by DOI, OE, three State businesses, 13 residences, damage to 15 ; town exit ramps and one entrance ramp. agencies. (ELR Order No. 1818, 57 pages) residences. Project 191(15) P.E. Com Project U—1135(1), LUC-112-0.00. (ELR (NTIS Order No. PB-201 529-F) ments made by EPA, DOI, USDA, and : Order No. 1790, 18 pages) (NTIS Order LJR. 1035 Spur F : Berks County, Pa- HUD. (ELR Order No. 1835, 13 pages) No. PB—206 402—D) Construction of a limited access four- (NTIS Order No. PB-202 126-F) Draft, February 3 lane divided highway. Comments made S.R. 112, Jim Creek Bridge Replacement: Interstate Route 77 from Columbia to by EPA, HUD, DOI. (ELR Order No. 1820, • Clallam County, Wash. Replacement of Rock Hill, S.C. South Carolina High 62 pages) (NITS Order No. PB-199 existing timber bridge with large arch way Department in cooperation with 239—F). culvert and construction of 850 feet of Federal, State, and local governments T.H. 94: Stearns County, Minn.: Construc approach roadway. Comments made by plans to construct a new highway as a tion of 18 miles of four-lane T.H. 94. State of Washington, EPA, DOI, and part of the Interstate and Defense High Displacement of farmsteads will hasten HUD. (ELR Order No. 1836, 6 pages) way System between Columbia and trend away from agricultural land use. (NTIS Order No. PB-201 991-F) Rockhill (60 miles in length). (ELR Project F094—2(D ), 7380. Comments made U.S. 176: Spartanburg County, S.C. Widen Order No. 1793, 28 pages) (NTIS Order by Army COE, EPA, DOT, and USDA. ing of U.S. 176 from two to four lanes No. PB—206 388—D) (ELR Order No. 1821, 90 pages) (NTIS for a distance of 5 miles. Comments made XJ.S. Highway 59: Cass and Bowie Coun Order No. PB-201 307-F) by HUD, local, and regional agencies. ties, Tex. Reconstruction of 13 miles of Haywood Road and Howell Road: Green (ELR Order No. 1837, 11 pages) (NTIS U.S. Highway 59 from Farm to Market ville County, S.C. Construction of 1.5 Order No. PB-206 443-F) Road 2791 in Queen City, north to 2.4 miles of roadway between Haywood Road U.S. 431: Henry County, Ala. Construction miles north of Sulphur River. Improve and Howell Road. Comments made by of 11.8 miles of two-lane U.S. 431 in ment will consist of the addition of two HUD and County agencies. (ELR Order Headland extending northerly to a point' lanes and reconstruction of the existing No. 1822, 9 pages) (NTIS Order No. PB- approximately 1.6 miles south of Abbe facility where necessary. Requires relo 198 844—F) ville city limits. Project F-129(6). Com cation of 10 families. (ELR Order No. State Route 29: Scott County, Tenn. Re ments made by USDA, DOI, EPA. (ELR 1794, 28 pages) (NTIS Order No. PB- construction of 3 miles of U.S. 27, from Order No. 1838, 12 pages) (NTIS Order 206 387-D) ' two- to four-lane divided highway. Re No. PB-202 076-F) Draft, February 2 ' location of nine families. Comments S.H. Spur 354: Dallas County, Tex. Recon Defiance Railroad Grade Separation Re made by USDA, TVA, various State of struction of traffic circle from two to four placement: Defiance County, Ohio. Con Tennessee agencies. Project F—031—1 ( ) • lanes. Will require 17 acres of right-of-i struction of a four-lane facility with (ELR Order No. 1823, 23 pages) (NTIS way and the displacement of five busl- necessary turning lanes and traffic con nesses. Comments made by EPA, HEW. Order No. PB-200 220-F) Project T 9001(5). (ELR Order No. 1839, trol items, etc. Project UG-649 ( ), Briley Parkway, Davidson County, Tenn. DEF—15—14.09 (ELR Order No. 1795, 14 16 pages) (NTIS Order No. PB-199 244-F) Construction of 11.7 miles of circum U.S.-31: Berrien County, Mich. Relocation pages) (NTIS Order No. PB-206 405-D) ferential urban expressway around the Wilson Mills Road, CH 8: Geauga County, of U.S.-31—total of 9.4 miles of con Nashville Central Business District. The struction. Will involve land erosion and Ohio. Project consists of widening and displacement of 41 families and two resurfacing the existing road and cor sedimentation of St. Joseph River. F 47- businesses will result. Comments made 1( ). Comments made by Army COE, recting sight distances, from Caves by USDA, Army COE, FHWA, FAA, TVA, Road to S.R. 306 (1.30 miles). Project HUD, DOI, USDA, and State of Indiana and several State agencies. (ELR Order Highway Commission. (ELR Order No. S 1617 (1). (ELR Order No. 1800, 6 No. 1824, 40 pages) (NTIS Order No. PB- pages) (NTIS Order No. PB-206 406-D) 1840, 53 pages) (NTIS Order No. PB- 206 459—F) Draft, February 7 206 442—F) Interstate Route 410: St. Charles Parish, State Route 36: Unicoi County, Tenn. Con Route CC, Ozark County, Mo. Construc La. State Project No. 700-07—72. Con tion of a highway facility, includes a struction of 3.79 miles of four-lane struction of 10.4 miles of Interstate 410. limited access highway. Requires the re bridge over the North Fork White River. Approximately 378 acres of agricultural, Project begins approximately 2.5 miles channeling of two creeks, and one river. timber, and freshwater marsh land will Displacement of 55 families, one church. east of Route 181 and the community be required for right-of-way. Comments of Dora, then traverses easterly 2.5 miles Project APD-036—1(5), 86001-1205-64, to Hammond Camp. (ELR Order No. made by USDA, Army COE, GSA, HEW, and 86003-1202-64. Comments made by DOI, and two State agencies. (ELR Or 1802, 29 pages) (NTIS Order No. PB- Army COE, DOI, DOT, HUD, DOT, DOC, der No. 1825, 37 pages) (NTIS Order No. HEW, TVA, and State agencies. (ELR 206 383—D) PB-198 980—F) Draft, February 8 Order No. 1841, 108 pages) (NTIS Order St. Marys South Connector: Auglaize Beloit—Elkhorn Road; S.T.H. 15: Rock No. PB-202 640—F) and Walworth Counties, Wis. Construc County, Ohio. Construction of a new E. P h ilip S oper, east-west street across the southern tion of 26 miles of four-lane Highway 15. part of the city of St. Marys. Project Approximately 1,250 acres Will be re Acting G eneral Counsel. quired for right-of-way. Comments made SU 1638 (1). (ELR Order No. 1806, 10 [FR Doc.72-2632 Filed 2-25-72;8:45 am] pages) (NTIS Order No. PB-206 377-D) by EPA, HEW, HUD, DOI. Project I.D. 1093-0-00, I.D. 1091-0-00, F 015-1( ). Draft, February 9 (ELR Order No. 1826, 53 pages) (NTIS State Highway 350: Howard County, Tex. Improvements consisting of construc Order No. PB-201 380-F) FEDERAL COMMUNICATIONS tion of a railroad overpass and ap Pikeville-South Williamson Road U.S. No. proaches (0.9 mile). Displacement of 119: Pike County, Ky. Construction of a four businesses. (ELR Order No. 1814, 1.79 miles, four-lane segment of the Ap COMMISSION 22 page®) (NTIS Order No. PB-206 palachian Developmental Highway Sys tem. Will necessitate the use of 70 acres [FCC 72-166] 379—D) right-of-way and the relocation of 26 Draft, February 8 residences, three businesses, and one STATION KUTV, SALT LAKE CITY State Highway 71: Fayette County, Tex. cemetery. APD 506 (9) AP 98-413—19L. Development of present two-lane S.H. 71 Comments made by Army COE, DOI, EPA, Memorandum Opinion and Order Re to a four-lane divided highway, from HUD, DOI. (ELR Order No. 1830, 32 garding “ Prime Time Waiver" m 1.6 miles east of West Point to the pages) (NTIS Order No. PB-202 003-F) Bastrop County line. Total length, 6.9 Connection With NBC Movies miles. (ELR Order No. 1815, 21 pages) Howdershell Road Extension: St. Louis (NTIS Order No. PB-206 374-D) County, Mo. Reconstruction of Howder In the matter of request for waiver of shell Road. Project T-4189(36). Com Draft, February 10 the “prime time access rule," § 73-6,58,(.^ ments made by EPA, DOI. (ELR Order of the Commission’s rules, for Station Interstate Route 91: Hartford-Windsor, No. 1831, 16 pages) (NTIS Order No. PB- Conn. Reconstruction of a 9-mile sec KUTV, Salt Lake City, in connection tion of I.H. 91 and the construction of 203 105-F) 1 mile of I.R. 291 and interchange in Coyles Corners—Short Clove S.H. 9005: with 6 NBC movies. Windsor created at their Junction. (ELR Rockland County, N.Y. Reconstruction 1. This matter involves a request, file« Order No. 1829, 55 pages) (NTIS Order of 0.7 mile of Route 304, presently two on January 24,1972 and supplemented on No. PB-206 462—D) lanes, to four-lane divided highway. Resi FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 NOTICES 4113 January 31, 1972, by KUTV, Inc., licen It seeks by this waiver request to make [Report 584] see of Station KUTV, Salt Lake City, the total 5Y2 (or 5% on one occasion) Utah, for waiver of the “prime time ac out of the 6 hours between 5 and 11 p.m. COMMON CARRIER SERVICES cess rule,” § 73.658 (k) of the Commis m.t. Thus, while it is under 21 hours INFORMATION1 sion’s rules. The requested waiver, as weekly for the 7-11 “prime time” period, Domestic Public Radio Services supplemented in the second filing, is in it presents considerable NBC prime-time connection with NBC’s Saturday night material during the hours just before Applications Accepted for Filing 2 movie program on the last two Satur this. F ebruary 22, 1972. days in February and the four Satur 3. In our judgment, the requested Pursuant to §§ 1.227(b) (3) and 21.30 days in March 1972, when NBC has waiver cannot be justified under the cir (b) of the Commission’s rules, an appli scheduled movies which will run more cumstances, taking into account the im cation, in order to be considered with than the customary two hours (2Y2 hours pingement on the availability of prime any domestic public radio services ap on five nights, 2 hours 15 minutes on one time to nonnetwork sources which would plication appearing on the list below, night). This presents the same problem be entailed on six occasions, and also the must be substantially complete and as we have noted in other recent re fact that KUTV could achieve compli tendered for filing by whichever date is quests by Salt Lake City stations, whose ance with the 3-hour limitation without earlier: (a) The close of business 1 busi prime time hours are 7-11 p.m. m .t.:1 either cutting short the movie or omit- ness day preceding the day on which the That they must present during their ing any NBC Saturday night prime-time Commission takes action on the previ “prime time period” (i.e., between 10 and material. ously filed application; or (b) within 60 11 p.m.) network material which occurs 4. There is one other circumstance days after the date of the public notice after prime time in the rest of the United involved here, which KUTV urges as it listing the first prior filed application States. We have applied the rule rather did earlier in connection with its recent (with which subsequent applications are liberally in these situations, and have request concerning Winter Olympic cov in conflict) as having been accepted for granted one request for KCPX in con erage. That is its position as feeding NBC filing. An application which is subse nection with an ABC evening football programing to some 10 other stations in quently amended by a major change will game plus news, one for KSL in connec smaller markets in the Mountain time be considered to be a newly filed appli tion with a CBS movie over two hours, zone (Idaho, Montana, and Wyoming). cation. It is to be noted that the cutoff and two for KUTV (one for two NBC We are not persuaded that, under the dates are set forth in £he alternative— “special” programs, and 2 days for NBC circumstances, this is enough to justify applications will be entitled to consid Winter Olympic coverage). grant of the waiver as requested. How eration with those listed below if filed 2. However, the present request must ever, in an informal submission since its by the end of the 60-day period, only if be viewed in a different light. First of all, January 31 filing, KUTV has asked that the Commission has not acted upon the it is for six Occasions, whereas the others if its request is denied, at least the other application by that time pursuant to the were for one or two. Second, there is stations have time to make alternate ar first alternative earlier date. The mutual nothing “special” or “extraordinary” rangements if they wish to do so. Ac exclusivity rights of a new application about the NBC programing which cordingly, it appears appropriate to grant are governed by the earliest action with prompts the waiver request; rather, it is waiver as requested for the first 3 weeks respect to any one of the earlier filed regular programing which simply runs (February 19 and 26, and March 4) while conflicting applications. longer than it has in the past, which it denying the waiver for other dates. This The attention of any party in interest might do on any number of Saturdays will give KUTV and the other stations desiring to file pleadings pursuant to sec in the future. Third, it appears from its nearly 4 weeks notice so that they can tion 309 of the Communications Act of filing that KUTV takes advantage of the make alternative arrangements. 1934, as amended, concerning any do special time circumstances of its situa 5. In view of the foregoing: It is or mestic public radio services application tion to present a large amount of NBC dered, That waiver of § 73.658 (k) of the accepted for filing, is directed to § 21.27 programs, both during the designated Commission’s rules is granted to Station of the Commission’s rules for provisions 7-11 “prime time” hours and earlier. It KUTV, Salt Lake City, Utah, to present governing the time for filing and other appears that it devotes all of the 5 hours up to 3 y2 hours of NBC programs during requirements relating to such pleadings. between 5 and 10 p.m. m.t. on Saturdays prime time on Saturdays, February 19 to NBC material— y2 hour of news, iy2 and 26 and March 4, 1972; and waiver of F ederal Communications hours of prime time material originating this rule is denied with respect to the Commission, on other evenings but delayed until Sat other Saturdays in March. [seal] B en F . W aple, urdays, and 3 hours of Saturday prime Secretary. time material (the 1-hour “Emergency” Adopted: February 16,1972. program plus the NBC movie, which up Released: February 22,1972. 1A11 applications listed below are subject to further consideration and review and may to now has run no more than 2 hours). F ederal Communications be returned and/or dismised if not found Commission,2 to be in accordance with the Commission’s 1On October 6, 1971 (FCC 71-1038), the [ se al ] B en F . W aple, rules, regulations, and other requirements. Commission recognized the special circum Secretary. 3 The above alternative cutoff rules apply stances of Mountain zone stations and gave [PR Doc.72-2909 Filed 2-25-72;8:51 am] to those applications listed below as having them permission to redesignate their prime been accepted in Domestic Public Land hours as 6 to 10 m.t. Denver and Phoenix sta Mobile Radio, Rural Radio, Point-to-Point tions have done this, but the Salt Lake City 2 Commissioners Nicholas Johnson and H. Microwave Radio, and Local Television stations decided not to do so. Rex Lee absent. Transmission Services (Part 21 of the rules). FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4U4 4U4 rural radio service—continued Applications Accepted for F iling 5 2 3 8 -C 1-P- 72— The Mountain States Telephone & Telegraph Co. (KPZ94), replace the DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE transmitter operating on 157.98 MHz and add frequencies 157.77, 157.83, 157.86, 157.89, 5097-C2-P-72—United Telephone Co. of Florida (KIJ354), for additional facilities to operate 157.92, arid 158.07 MHz communicating with Station KOA607, Phoenix, Ariz. on 152.60 MHz and change the antenna system located at 1520 Lee Street, Port Myers, PL. 5246- C1-P/L-72—Atlas Radiophone (New), for a new rural subscriber station to operate on 5103- C2-P-72—Beep Communication Systems, Inc. (New), for a new two-way station to he 459.20 MHz with (15 units) in any temporary fixed location within territory of appli^nt. located at 110-11 Queens Boulevard, Forest Hills, NY, to operate on 162.18 MHz. 5247- Cl-TC-72—Tel-Missouri, Inc. Consent to transfer of control from Richard Park 5104- C2-P-72—Mobilfone Radio System (KEA254), for additional faculties to operate on Whitton and Carolyn Wood Whitton, Transferors, to Tel-IUinois, Inc., Transferee. Station. 152.18 MHz at location No. 3: 110-11 Queens Boulevard, Forest Hills, NY. KBO86 (Temp-Fixed). 5105- 02—P—(3)—72—Westcol Radio Dispatch (KAD511), replace transmitter operating on Major Amendment 152.03 MHz, change the antenna system and relocate facilities from location No, 1 to a 2359-C1-P/ML-71—United Telephone Co. of Florida (KJC34), amend to add 157.86 MHz. See new site described as location No. 5: Monument Peak, 2 mUes southeast of Rio Blanco, Colo., also at same location, establish repeater faculties to operate on 459.10 MHz and at a Public Notice dated Nov. 9, 1970. new site described as location No. 6: 17 miles east of Grand Junction, Colo., establish PO IN T-TO -PO IN T MICROWAVE RADIO SERVICE control facilities to operate on 454.10 MHz. __ 5100- C1-P-72—New England Telephone & Telegraph Co. (KCK89), on Dutton Hill, 2.6 miles 5216- C2—P—72—Professional Administrative Services, Inc. (KIG300), add standby facilities southwest of Gray, Maine. C.P. to add frequencies 6256.5V and 6197.2V MHz toward to operate on 43.58 MHz, at the First National Bank Building, 2 Peachtree Street, V Aj}lflrTltft G1A. 5101- ^ ^ P -72—New England Telephone & Telegraph Co. (KC096), on Whitten Hill, 4^ 5217- C2—P—72—Rogers Radio Communication Services, Inc. (KSA262), add standby facilities miles northwest of the villa«« of Bowdoin Center, Maine. CP. to add frequencies 6004.5V on 152 12 mrer* at location No. 1: Pittsfield Building, 55 East Washington Street, Chicago, IL. ynrt 5945.2V mttz toward Gray, Maine, and 6004.5H and 5945.2H MHz toward Vassa oro, _ 5218- C2—P—72—Airsignal International of Pittsburgh Pennsylvania, Inc. (New), for a^ new one-way station to be located at 1715 Grandview Avenue, Pittsburgh, PA, to operate on 5102- Cl-P-72____New Enginnri Telephone & Telegraph Co. (KC097), on Telco Hill, 8 miles n ^ e L oTthevllSge of EastVassalboro, Maine. CP. to add frequencies 6256.5H and 5237-C2—P— (3)-72—Rogers Radio Communication Services, Inc. (KSA262), replace trans mitters, change the antenna system and relocate facilities on 152.03, 152.12, and 152.15 MHz 6197.2H MHz toward Bowdoin, Maine. from location No. 1 to a new site described as The John Hancock Center, Chicago, m. American Telephone & Telegraph Co., 32 applications for permits 5239-C2-P—(2)-72—Kidd’s Communications, Inc. (KMA257), change the antenna system and w e stern Electric Co TvDe TH and Type TD-2/TD-3 radio relay channels for telephone use relocate facilities operating on 72.70 and 459.15 MHz (control) at Ideation No. 7 to. S S lS l“ '.S ! a™Lod., oS«.; Lodi, calif., and Salt Late Ci^r Longmont, Calif./ and Buckhorn Mountain, Colo.; and Buckhorn Mountain, and Prospect 1226 High Street, Delano, CA. . . ^ „ NOTICES 5244- C2—P-72—Mobile Radiotelephone Corp. (KIY725), for additional facUities to operate Valley, Colo. on 152.12 MHz, located on Highway No. 118, 2.1 miles east of Grifton, N.C. 5106- C l-P-72—American Telephone & Telegraph Co. (KNK99), 1587 Franklin Street, Oak 5245- C2-MP-72—Advanced Electronics (KSV927), relocate facilities operating on 158.70 MHz land, CA. C.P. to add frequency 6256.5H MHz toward Round Top, Calif. to San Pedro Hill, San Pedro, Calif. . 5247—C2—TC— (3) —72—Tel-Missouri, Inc. Consent to transfer of control from Richard pars 5107- C1-P-72—American Telephone & Telegraph Co. Round Top, 1.5 miles east of Oakland, Whitton and Carolyn Wood Whitton, Transferors, to Tel-Hlinois, Inc., Transferee. Sta doif1 c.P. to add frequencies 6004.5V MHz toward Oakland, Calif., and 6004.5H MHz toward tions: KAA888, KDN396 (one-way), and KRS636 (one-way) all in St. Louis, Mo. Clayton,Calif. , _ _ Renewal of license expiring Apr. 1, 1972. Term: Apr. 1, 1972, to Apr. 1, 1974. Mobile Radio 5108- C1-P-72—American Telephone * Telegraph Co. < K Srai), 3.7 mile,: Clayton Communications of Gary KSD311 and KSD315 (one-way), Gary lnd. The Champaign Calif. C.P. to add frequencies 6256.5V MHz toward Round Top, Calif., and 6256.5H MHz National Bank, Executor of the Last Will and Testament of L. Frank Stewart, KSJ811, toward Lodi, Calif. . Champaign, 111. 51.09-C1—P—72-—American Telephone & Telegraph Co. (KNK96), 1.2 miles west-northwest of Major Amendment ■ Lodi, Calif. C.P. to add 6004.5V MHz toward Clayton, Calif., and 6004.5H and 6123.1H MHz 4246-C2-MP-71—RCC of Virginia, Inc. (KRS676), replace transmitter and change the toward Ben Bolt, Calif. , , _ antenna system located at 2215 Jefferson Davis Boulevard, Fredericksburg, VA. See Public 5110-C1-P-72—American Telephone & Telegraph Co. (KNK95) , 3 miles northwest of Latrobe^ Calif. C.P. to add frequencies 6256.5V and 6375.2V MHz toward Lodi, Calif., and 6256.5H Notice dated Feb. 16.1971, Report No. 531. and 6376.2H MHz toward Union Hill, Calif. ■ _/ ■ ■ I nformative: It appears that the following applications may be mutually exclusive and 51H-C1-P-72—American Telephone & Telegraph Co. (KNK94), IX taHoB east of PoU*x& subject to the Commission's rules regarding ex parte presentations, by reasons of potential Pines, Calif. C.P. to add 6004.5V and 6123.1V MHz toward Ben Bolt, Calif., and 6004.5H electrical interference. Frequency 158.70 MHz. and 6123.1H MHz toward Echo Summit, Calif. Kansas and Missouri 5112- C l-P-72—American Telephone & Telegraph Co. (KNK93), 4.5 miles south-^uthwest ofMeyers, Calif. C.P. to add 6256.5V and 6375.2V MHz toward Union Hill, Calif., and Mobile Radio Communications Inc. (KSV904), 324-C2-MP-72. The Allied Companies, Inc. (New), 507-C2-F-72. 6266.5H and 6375.2H MHz toward Topaz Lake, Nev. ^ 5113- C1-P-72—American Telephone & Telegraph Co. (KPW86) , 11 miles w®s^’s°ut^we“^ °f RURAL RADIO SERVICE. W^lngCon. Nev. O.P. to add frequencies 6004.5V and 6123.1V MHz toward Echo Summit, 5098- C l-ML-72—United Telephone Co. of Florida (WGI57), add frequency 157.86 MHz com Calif., and 6004.5H and 6123.1H MHz toward Wassuk, Nev. municating with Station KIJ354, Fort Myers, Fla., located at Cabbage Key Island, 4.25 5114- C1-P-72—American Telephone & Telegraph Co. (KPW85), 5.5 miles southwest of miles west of Pineland, Fla. / ■. . . 0 „ - 11« Schurz, Nev. C.P. to add 6256.5V and 6375.2V MHz toward Topaz Lake, Nev., and 6256.5H 5099- C1-ML-72—United Telephone Co. of F l o r i d a (WHJ25), same except, located at 3.9 miles and 6375.2H MHz toward Kinkaid, Nev. ^ TT , ____ . west-northwest of Pineland, Mondongo Island, Ha. 5115- C l-P -72—American Telephone & Telegraph Co. (KPW84), 11 ^ e®enaf 5232-C1—P—72—Continental Telephone Co. of California (KZS90), replace transmitt opera Nev. OP. to add 6004.5V and 6123.1V MHz toward Wassuk, Nev., and 6004.5H and 6123. ing on 157.89 MHz and add frequency 158.01 MHz communioatlng with Station KOF901* t toward Table Mountain, Nev. Boulder, Nev. FEDERAL REGISTER, VOL. 3 7 . NO. 3 9 ----SATURDAY, FEBRUARY 26, 1972 po in t - to- point, microwave radio service—continu ed p o i n t - t o - p o i n t m i c r o w a v e r a d io s e r v i c e — c o n t i n u e d . S»eVc P ™ Tel!P^ “e & Telegrapil Co- (KPW83), 11 miles northeast of Mina, MHz toward ollbert Nev & MHZ * * * ? Klnkald’ Nev- and 6256.5H and 63.75.2H 61M<5divieaa, coio. colcf Cc.F. pm7addn4nqn?M°w^7 to add 4090V MHz toward Tel®graph Timnath, Co. Colo. (KZI44), 3.3 miles north-northeast of 61Nei^c"p- to^d^finnT^wTe^ w S ? graph Co- (KPW82), 6.3 miles north of Gilbert, I nformative: Nebraska Consolidated Communications Corp. is filing 12 annlications nrn MHZ tOWard Table fountain,-Nev., and 6004.5H and posing an extension of its previously filed for network television distrfbution svsSm in thS State of Texas (Of. FCC Piles Nos. 1822/1839-C1-P-72 Public Notice Report So 5S 0S 12 51i,8~C1-^-7£ ~ American Telephone & Telegraph Co. (KPW81), 2.6 miles northeast of 1971) to serve San Antonio south to Harlingen, Tex., and intermediate points. ’ ’ ’ rn d 63752HMW?tP' !? ,? « ? 62565V and 63752V MHz toward Gilbert, Nev., and 6256.6H Sriia 6375.2H MHz toward Stone Cabin, Nev. 51^ 1rP_72~ NebraSka ^ “ soHdated Communications Corp. C.P. for a new fixed station 51q ^ n j f _i S r ^ er+iCan^IeiAPh0ne & Telegraph Co. (KPW80), 21 miles southwest of Warm + *P' ^ add 6004.5V antl 6123.1V MHz toward Booker, Nev., and 6004.5H and Safrview, Tex, Prequencles 3890v- 397<>V, 4050V, and 4130V on azimuth 167*12' toward 6123.1H MHz toward Warm Springs, Nev. 51R ^ irijf_M2~ ^ eiliCai!J Telephone & Telegraph Co. 6123.1H MHz toward Confusion Mountain, Utah. station 1 mile east of Robstown, Tex., at latitude V T 4 & " NOT,CES 51o ^ L ~ P" 7r2T7t mari CT T®leph0ne & Telegraph Co. (KPW26), 25.3 miles east-northeast of and 4170H ° n azlmuth 194°63' toward Kingsville, Tex., and 4070V on S kr S h S a ¿E ,™ add 6256-5V and 6375.2V MHz toward Sacramento Pass, Nev., and azimuth 27-20'toward Sinton, Tex. r 6256.5$ and 6375.2H MHz toward Clear Lake, Utah. 514^ 1- P772 Nebraska Consolidated Communications Corp. (New), C.P. for a new fixed 51r w 17 » tl27 ^ e7 u n7 e!fi)^ ^ ! & TelegraPh Co. (KPW25), 8.7 miles west-southwest of station 10 miles east of Kingsville, Tex., at latitude 27°31'30'' N., longitude 97°42'35" W ^ ,™ P; to add 6004-5V and 6123-1V MHz toward Confusion Mountain, Utah, ct? 5*.°H and 4130H ° n azlmuth 206-45' toward Riviera,, Tex., and 3730V on and 6004.5H and 6123.1H MHz toward Delta, Utah. azimuth 14 50 toward Robstown. 51n t S “m I ^ p e? Ca^ J S h° ne & TelegraPh Co- (KPW24), 4.4 miles south-southeast of 5145- C 1- p- 72- Nebraska Consolidated Communications Corp. (New), C.P. for a new fixed 7 add 6256-5V and 6375.2V MHz toward Clear Lake, Utah, and 6256.5H and 6375.2H MHz toward Scipio, Utah. station 4 miles southwest of Riviera, Tex., at latitude 27°15'32" N., longitude 97°51'35'' w Frequencies 4090H and 4170H on azimuth 164°20' toward Armstrong, Tex., and 3770V on 51m 7S1i p 727 ^ erin c fcTreleP^ °ne & TeleF aph Co- (KPM69), 5 miles southwest of Scipio, azimuth 26 41 toward Kingsville, Tex. Utah. C.P. to add 6004.5V and 6123.1V MHz toward Delta, Utah, and 6004.5H and 6123.1H mhz toward Levan, Utah. 5146- C1—p-72 Nebraska Consolidated Communications Corp. (New) , C.P. for a new fixed station at Armstrong, 1 mile east of Tuscotte Station, tex., at latitude 27°00'50"' N 51n J i i i r 75T7t morLCaf TelePhone & Telegraph Co. (KPM68), 5.5 miles north-northwest longitude 97«46'59" W. Frequencies 4050H and 4130H on azimuth 188-23' toward Nonas’ 7 ° add 6256 5V and 6375-2v MHz tQward Scipio, Utah, and 6256.5H and 6375.2H MHz toward Payson, Utah. Tex., and 3730V on azimuth 344°22' toward Riviera, Tex. 51ti7S i7P7?i2T A7» rii:anJ Teleph0ne & Telegraph Co. (KPM67), 5.5 miles northwest of 5147- C1-P-72—Nebraska Consolidated Communications Corp. (New), CP for a new fixed ^ C P ‘1 6004'5V and 6123.1V MHz toward Levan, Utah, and 6004.5H and station 3 miles west-southwest of Norias, Tex., at latitude 26°45'30" N longitude 97°- 6123.1H MHz toward Riverton, Utah. 49'30'' W. Frequencies 4090H and 4170H on azimuth 163°33' toward Raymondville Tex 51r i 7 1^ 7!.~ A“ eriCan Telephone & Telegraph Co. (KPM66), 0.5 mile west of Riverton and 3770V on azimuth 8° 22' toward Armstrong, Tex. Utah. C.P. to add 6256.5V and 6375.2V MHz toward Payson, Utah, and 6256.5H and 6375 2H 5148- Cl—P—72 Nebraska Consolidated Communications Corp. (New), C.P. for a new fixed MHz toward Salt Lake City Junction, Utah. station 1 mile northeast of Raymondville, Tex., at latitude 26*30'00'' N„ longitude 97-- 51T3T51^ -72~ Amerlcan Telephone & Telegraph Co. (KOB26), 3100 Kennedy Drive, Salt 44'25" W. Frequencies 4110H and 4030H on azimuth 173°55' toward Harlingen Tex and K1o!f o ,City™UnCti° n’ Utah- C P, to add 6004.5V aid 6123.1V MHz toward Riverton, Utah 4110V on azimuth 343°35' toward Norias, Tex. 613‘ , l-P-72—American Telephone & Telegraph Co. (KAM69), 9 miles southeast of Greeley Colo. C.P. to add 3730V MHz toward Prospect Valley, Colo. 5149- Cl-P-72—Nebraska Consolidated Communications Corp. (New), C P for a new fixed station 1 mile east of junction of Highways 77 and 83, Harlingen, Tex., at latitude 61^ Cf-P“7A~AmerlCan Telephone & Telegraph Co. (KAC61), 8 miles west of Bellvue, Colo 20°11'4O'' N., longitude 97°42'15" W. Frequencies 4070H on azimuth 353°56' toward C.P. to add 3770H MHz toward Greeley, Colo., and 4090V MHz toward Timnath, Colo- Raymondville, Tex. 51^ C1- p- 7^ A“ el!can Telephone & Telegraph Co. (K2I45), 5 miles north-northeast of Timnath, Colo. C.P. to add 4050 MHz toward Buckhorn Mountain, Colo., and Longmont, 4350-01—Rr-72—The Bell > Telephone Co. of Pennsylvania (KOC47), within the territory of granitee. Renewal of a Developmental license expiring Mar. l, 1872. Mar ll 1972 to Mar. 11, 1973. 4115 FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4116 Major Amendments—Continued point- to-point microwave radio service—continued 6494- C1—P-70—Southern Pacific Communications NOTICES Co. (New), Holiday Hill, 2 miles south The following applicant proposes to establish omnidirectional facilities for the provision west of Wrightwood, Calif. Delete frequency 6093.5V MHz toward Lancaster; frequency of common carrier “Subscriber-Programmed" television service. 6123.1H mtt-7 toward Los Angeles and delete frequencies 6004.5H and 6123.1H toward 5233-C1—P-72—Colony Communications, Inc. (New), Potter Hill' Road, Westerly (Wash Running Springs. ___„ . . _. . T . ington), R.I., latitude 41°24'20” N„ longitude 71°48'37" W. Frequencies 2150.20 aural 6495— c i-P —70—Southern Pacific Communications Co. (New), 610 South Main Street, Los 2152.325 (visual) toward various receiving points within system and 2154.00 (aural) Angeles, Calif. Delete frequency 6375.2V MHz toward Holiday Hill and frequency 11.585H 2158.50 (visual) toward various receiving points within system. MHz toward Long Beach. . - • . 5227— C1-MP-72—American Téléphoné & Telegraph Co. (KQ032), 1.2 miles souheast of Blue 4553-C1-P-70—Southern Pacific Communications Co. (New), Seventh and Pico streets, Ball, Ohio. Modification of C.P. to change polarization from V to H on frequency 6315.9H Long Beach, Calif. Delete frequency 11.055H MHz toward Los Angeles. vrTTg toward Wilmington, Ohio, and H to V on frequency 3870V MHz toward Shandon, All other particulars same as reported on Public Notices dated Feb. 16, 1970; Mar. 9, 1970; May 4, 1970; Nov. 23, 1970; Apr. 27, 1970; May 25, 1970; Dec. 21, 1970; Mar. 15, 1971 5228— Cl—MP-72—American Telephone & Telegraph Co. (KQ072), 3.2 miles northeast of Washington Court House, Ohio. Modification of C.P. to change polarization from V to H and Aug. 2,1971. « on frequency 6315.9H MHz toward Frankfurt, Ohio. , ' _ . 5478- C1-P-71—Southwestern Bell Telephone Co. (KYJ47), change frequencies from 6308.4 5229— C1-MP-72—American Telephone & Telegraph Co. (KAN22), 2.5 miles north of Ports and 11,685 MHz to 6286.2V MHz toward Old Austin, Ark. mouth, Iowa. Modification of C.P. to change polarization from V to H on frequency 5479- C1-P-71—Southwestern Bell Telephone Co. (New), change frequencies from 6056.4 403OH MHz toward Elkhorn, Iowa. ^ ~ . ___ and 10,755 MHz to 6034.2H MHz toward Little Rock, Ark., and 6071.2 and 10,955 to 5230— Cl—MP—72—American Telephone & Telegraph Co. (KAB20), 3 miles south of E^hor , 6034.2V MHz toward Searcy, Ark. , __. „ Iowa. Modification of C.P. to change polarization from V to H on frequency 4070H MHz 5480- C-P-71—Southwestern Bell Telephone Co. (New), change frequencies from 6323. toward Portsmouth, Iowa. , , m , ... . and 11,405 MHz to 6286.2H MHz toward Old Austin, Ark. 5231— Cl-P-72—Laredo Microwave, Inc. (KLH79), 12 miles west of Encinal, Tex., at latitude All other particulars, the same as reported in public notice, Report No. 538, dated Apr. 5, 27°59'37'' N., longitude 99°32'13" W. C.P. to change frequency 'from 6226.8 to 5952.6V 1971. MHz on azimuth 176°44'. ___ _ . , Corrections 4240-C1—P-72__The Pacific Telephone & Telegraph Co. (KMN21), Sugar Loaf Mountains 4 miles south-southwest of Delta, Calif. C.P. to add frequency 4070H MHz toward Redding, 4752-Cl-P-72—Electro-Media Multipoint Service, Inc. (New), correct to add Salt Lake City, Utah. All other terms same as listed in Report No. 582, dated Feb. 7, 1972. Calif., on azimuth 172 °36'. ■ -A 6241—Cl—P-72—Western States Telephone Co., Inc. (New), Old Highway 44, Cuba, N. Mex. Under Informative Items C.p. for a new station to add frequency, 2115.6V MHz toward Jemez, N. Mex., on latitude 36°01'36" N., longitude 106°57'17” W. ^ o ^ A m e ^ n Communication’s & Electronics Corp. (New), correct file number to read: 5242— Cl—P—72—The Pacific Telephone & Telegraph Co. (KMQ36), 1587 Franklin Street, 3228-C l-P-72. Oakland, CA. C.P. to add frequency 6226.9H MHz toward San Francisco, Calif. [FRDoc.72-2799 Filed 2-25-72;8:45 am] 5243- C1-P-72—The Pacific Telephone & Telegraph Co. (KNB53), 99 Moultrie Street, San Certifi Francisco, CA. C.P. to add frequency 5974.8V MHz toward Oakland, Calif. cate No. Owner /operator and vessels FEDERAL MARITIME COMMISSION 01054-._ Wilhelm Wilhelmsen: Major Amendments CERTIFICATES OF FINANCIAL Themis. Theben. 4532- C1—P—70_Southern Pacific Communications Co. (New), Mount Vaca, 7 niiles northwest RESPONSIBILITY (OIL POLLUTION) of Vacaville, Calif. Delete frequencies 6212.1H and 6330.6H MHz toward Sacramento and Texas. change polarization of frequency 6315.9 MHz toward San Francisco to vertical. Terrier. Notice of Certificates Revoked Tennessee. 4533- C1-P-70—Southern Pacific Communications Co. (New), 1 Market Street, San Francisco, Notice of voluntary revocation is here Temeriare. CA. Change frequency to 6004.5V MHz toward Mount Vaca; delete frequency 11,175V MHz Tatra. toward Oakland and frequency 6123.1V MHz toward Loma Prieta. by given with respect to Certificates of Taronga. 4534- C1-P—70—Southern Pacific Communications Co. (New), Seventh and Bay Streets, Financial Responsibility (Oil Pollution) Tarn. Oakland, OA. Delete frequency 11,625V MHz toward San Francisco. which had been issued by the Federal Tarantel. 4538- C1-P—70—Southern Pacific Communications Co. (New), Southern Pacific Depot, Turcoman. Maritime Commission, covering the Tonsberg. Stockton, Calif. Delete frequency 6034.2H MHz toward Tracy. below-indicated vessels, pursuant to Part Tysla. 4539- C1—P-70____Southern Pacific Communications Co. (New), Southern Pacific Yard, Tracy, 542 of Title 46 CFR and section ll(p) (1) Tyr. Calif. Delete frequency 6404.8H MHz toward Stockton. Turnandot. 4546- Cl-P-70—Southern Pacific Communications Co. (New ), Southern Pacific Yard, Famoso, of the Federal Water Pollution Control Tungsha. Calif. Delete frequency 5974.8H MHz toward Pampa Peak. Act, as amended. Tulane. Tugela. 4547- C1-P-70—Southern Pacific Communications Co. (New), Pampa Peak, 3 miles north of Certifi- 1 Bena, Calif. Delete frequency 6286.2H MHz toward Famoso; frequency 6256.5H MHz Troubadour. cate No. Owner/ operator and vessels Trinidad. toward Bakersfield and frequency 6404.8H MHz toward Oak Creek Pass. 01011__ Aktieselskabet Det Ostaslatiske Tricolor. 4548- C1-P-70—Southern Pacific Communications Co. (New), Southern Pacific Depot, Kompagni: Trianor. Bakersfield, Calif. Delete frequency 6004.5H MHz toward Pampa Peak. Ponna. Traviata. 4549- C1-P-70—Southern Pacific Communications Co. (New), Oak Creek Pass, 6 miles south 01039— Den Norske Amerikalinje A/S: Toulouse. east of Tehachapi, Calif. Delete frequency 6152.8H MHz toward Pampa Peak and fre Tyrifjord. Talisman. Talabot. quency 6034.2V MHz toward Lancaster. 01051— Van Nievelt, Goudrlaan & Co., Tai Ping. 4550- C1—P-70—Southern Pacific Communications Co. (New), Southern Pacific Yard, Lan Stoomvaart Maatschapplj (Hamburg) G.m.b.R.: ■ Taimyr. caster, Calif. Delete frequency 6286.2V MHz toward Oak Creek Pass and frequency Taiko. 6404.8V MHz toward Holiday Hill. Spioa. FEDERAL REGISTER, VOL. 37, N O . ».-----SATURDAY, FEBRUARY 26, 1972 NOTICES 4117 Certifi Certifi Certifi cate No. Oumer/operator and vessels cate No. Owner/operator and vessels cate No. Ovmer/operator and vessels 01054---- Wilhelm Wilhelmsen—Continued 02016—_ A. L. Mechling Barge Lines, Inc.— 03404__ Helios Shipping Co., S.A.: Tagus. Continued Alexandras S. Tagaytay. . JIH-15. 03415__ Chiyoda Kisen K.K. ; Troll Forrest. JIH-17. Mikasa Maru. . Tanabata. _ JIH-18T. Mishima Maru. Takara. 02136 A/S Anatina: 03436— lino Kaiun K.K. : Teheran. Anatina. Olympus. Tuarey. 02156 Lorentzens Skibs A/S: 03447__ K.K. Kyokuyo: Troms. Alette Stove. Taishim Maru No. 12. Toscana. 02157— St. George Shipping Corp.: Taishim Maru No. 22. Toluma. Panagiotis K. Taishim Maru No. 23. Tibetan. 02238. John T. Essberger: 03453.. .Kyosei Kisen Kabushiki Kaisha: Tiberius. Ubena. Seisho Maru. Templar. 02242— Dal Deutsche Afrika-Linien Seizan Maru. Taurus. G.m.b.H. & Co.: Yeikaku. Tarim. Tanganyika. 03496.__ OSG International Inc., Liberia: Tamano. 02246.. Blue Star Line Ltd.: Tyne Ore. Tabriz. Caledonia Star. 03501.. .Osaka Shosen Mitsui Senpaku Tortugas. 02247— Union International Co., Ltd.: K.K. : Torrens. Imperial Star. ' Santos Maru. Toronto. 02332__ Lykes Bros. Steamship Co., Inc.: Nagaosan Maru. Toro. Sue Lykes. Akashisan Maru. Toreador. 02338__ Central Gulf Steamship Corp.: 03502__ Shinyei Senpaku K.K.: Toledo. . S/S Green Bay. Azuchisan Maru. Tirranna. S/S Green Island. 03611__ Villain & Fassio e Compagnia In Tijuca. 02354— Armatrice Santa Lucia S.p.A.: Tiber. ternazionale di Genova So Vioca. cietà Riunite di Navigazione Talleyrand. 02416— Boland & Cornelius, Inc.: S.p.A. : Tampa. Chicago Trader. Nando Fassio. Tamerlane. Joe S. Morrow. 03623— Smlth-Rlce Derrick Barges, Inc.: Titus. William A. Reiss. Derrick Barge 8. 01092.. Thor . Dahls Hvalfangerselskap John P. Reiss. 03632— A/S Turid: A/S: Otto M. Reiss. Skauma. Thorsheimer. Raymond H. Reiss. 03660.__ Sea Liberties, Inc., New York: Thorstar. George D Goble. 01093.. . Overseas Explorer. Buckingham Tanker Co., L td .: 02430— The Buckeye Steamship Co.: 03661— Overseas Carriers Corp., New York : Warwick Fort. Buckeye Pacific. 01097__ Overseas Daphne. Glendon Shipping Co., Ltd.: 02448— Rederiaktiebolaget Nordstjernan: 03727__ Continental Oil Co. : Beaufort Sea. Los Angeles. Bill Lueck. Greenland. Paraguay. 03733— 01247.. . Great Lakes Dredge & Dock Co. : Tonnevolds Tankrederi A/S: 02585. Koch Refining Co.: William P. Feeley. Thorunn. GOC 1. 03738— 01268.. . Marven Steamship COrp.: Tonnevolds Rederi A/S: 02602— Fyffes Group Ltd.: Oswego Liberty. Thordis. Golfito. 01291.. . Oswego Independence. Elcapitaine Inc.: 02663— Partenreederei MC “Braunsfeld” 03814— Reymar Compania Naviera S.A. : Fontini L. (“Nicosia”) Korrespondentree- 01334.__ Ephesos. American President Lines, Ltd.: der Hans Kruger G.m.b.H.: 03841 — American Export Isforandtsen President McKinley. Nicosia. a Lines, Ine. : President Taft. 02707— Ernst Komrowski Reederei: 01341.. . S/S Flying Endeavor. John L. Jacobs & Co., Ltd.: Balkan. Container Despatcher. Oakwood. 02849— Herald Shipping Lines, Ltd.: 03865— 01360.. . Oceanie Navigating Co., Ltd. : Midland Enterprises Inc.: Ise. Aegis Strength. Eastern 3. 02942... Seereederei "Frigga” Aktiengesell- 03875— 01464_i| Ingram Ocean Systems Inc.: Christian Salvesen Ltd.: schaft: Martha B. Ingram. Salvada. Anita Thyssen. 03915— 01561.. . Mobil Oil Corp. Lübeck Linie Aktiengesellschaft: 02956— Ashland Oil, Inc.: Syosset. Senator Possehl. MOS 104. Colina. Hanse. Ellis 2003. 03923— 01744.. . Shinwa Kauin Kaisha, Ltd.: Valida Compania Naviera S.A. Ellis 2004. Toyokuni. Panama: 02958— Kawasaki Kisen K.K.: 04002— Compagnie des Messageries Mari- Taxiarchis. Tomishima Maru. 01760.. . times : Komelius Olsen: Yashiokawa Maru. Tahitien. Puna. 02961.. .Kobe Kisen Kabushiki Kaisha: 04077— Fritzen Schiffsagentur und Be- Pisang. Nikkoh Maru. 01806.. . reederungs-UMBG : Partenreederei M/S “Cimbria”, 02999.. . Ormos Maritime Co., Ltd., Cyprus: Stolt Fritzen. Managers: Christian F. Jane. 04105— Safety Shipping Co., S.A. : Ahrenkiel: 03008— Rederi AB Walltank: Liziana. Cimbria. Soya-Atlantic. 01861__ 04107__ True Mariners, SA..: BP Tanker Co., Ltd.: 03019. Gulf-Canal Lines, Inc.: Juliana. British Oak. Beverly Ann. 04113__ Mon River Towing, Inc.: 01910__ Deutsche Dampfschifffahrts- 03020__ Western Pacific Shipping Corp.: MRT-21. Gesellschaft “Hansa”: Hispaniola. 04163__ Cenac Towing Co. Inc.: Spitzfels. 03090__ Malaysia Overseas Lines Ltd., Li E.A.C. 151. Neidenfels. beria: EA.C. 152. Braunfels. Oriental Lady. 04173— Foss Launch & Tug Oo. : 01983.. Aktiebolaget . August Leffler & Son: Oriental Warrior. Oriental Ruler. Foss 180. Tigris. 04209— 01985.. 03111__ Hvalfangeraktieselskapet “Rossha Sea-Cargo Navigation Ltd. : Aktiebolaget Svenska Atlant Esperanza. Linien: vet”: Ross Cape. 04276__ Rlvtow Straits Ltd.: Blankaholm. 03152__ Vretaholm. Mundial Comp. Naviera: Rivtow Viking. Pationik. Rivtow Carrier. A. L. Mechling Barge Lines Inc.: 0321 4 ... Salenrederierna Aktiebolag: 04290— Angela Shipping Corp.: JIH-2. Hispaniola. Angela. JIH-3. Sea Scout. 04298__ JIH-4. Utah Construction & Mining Co.: 03277.., Duncan Bay Tankships Ltd.: Franciscan. JIH-5. Cedros Pacific. JIH-6. 04359__ Reederei ?Nord Klaus E. Olden- JIH-7. 03301— Prudential-Grace Lines, Inc.: dorff: Santa Regina. Ingrid. FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4118 NOTICES cate No. Owner/operator and vessels Any person desiring to be heard or to Certifi cate No. Owner/operator and vessels Certifl- make any protest with reference to said 05741__ Willi Maurer: applications should on or before March 04301— Columbia Steamship Co., Inc.: Columbia Trader. Mia Maurer. 10, 1972, file with the Federal Power Hapag-Lloyd Aktiengesellschaft: 05803— Partenreederei MS “Brunsgard”: Commission, Washington, D.C. 20426, 04308---- j Brunsgard. Gottingen. 05865__ Chelsea Compañía Naviera S.A.: petitions to intervene or protests in ac Bremen. Aegis Strength. ;__• cordance with the requirements of the Pratita. 05948__ Estrellamar Compania Maritima Commission’s rules of practice and pro Lindenstein. S.A., Panama B.P.: cedure (18 CFR 1.8 or 1.10). All protests 04423---- San Juan Carriers, Ltd.: Sunday. filed with the Commission will be con S/S San Juan Prospector. 06092-__ John W. Stone Oil Distributor S/S San Juan Exporter. sidered by it in determining the appro S/S San Juan Traveler. Inc.: priate action to be taken but will not S No. 3. S/S San Juan Venturer. 06100__ Anglomar Shipping Co., Ltd., serve to make the protestants parties to S/S San Juan Vanguard. the proceeding. Persons wishing to be-, S/S MarconafLo Merchant. London: Stolt Lion. come parties to a proceeding or to partic 04433---- Allied Chemical Corp.: ipate as a party in any hearing therein ETT 114. By the Commission. HTC 101. must file petitions to intervene in ac WHAL No. 2. F rancis C. H urn ey, cordance with the Commission’s rules. 04516— Shunkai Gyogyo Rabushiki Rai- Secretary. Take further notice that, pursuant to sha: [PR Doc.72-2939 Piled 8-25-72;8:54 am] the authority contained in and subject Chiyo Maru No. 25. to the jurisdiction conferred upon the 04564__ YamsMta- Shinnihon Risen Kai- Federal Power Commission by sections 7 sha: and 15 of the Natural Gas Act and the Hiyeharu Maru. FEDERAL POWER COMMISSION Commission’s rules of practice and pro 04638---- McAllister Bros. Inc. (Delaware) : [Docket No. G—5766 etc.] McAllister 21. cedure a hearing will be held without 04676---- Naibieradde Oanarias, S.A.: CONTINENTAL OIL CO. ET AL. further notice before the Commission on Playa de la Aldea. all applications in which no petition to Playa de los Cristianos. Notice of Applications for Certificates, . intervene is filed within the time required Playa de Jandia. Abandonment of Service and Peti herein if the Commission on its own re Deutsch-Nordische Schiffahrtsge 04705— tions To, Amend Certificates1 view of the matter believes that a grant sellschaft m.b.h.: /of the certificates or the authorization Sagajo. F ebruary 15,1972. 04750— Tosui Enyo Gyógyo Rabushiki for the proposed abandonment is re Ral sha: Take notice that each of the applicants quired by the public convenience and Tosuimaru No. 8. listed herein has filed an application or necessity. Where a petition for leave to 04794-— Sea Ring Corp.: petition pursuant to section 7 of the Nat intervene is timely filed, or where the Grand State. ural Gas Act for authorization to sell Commission on its own motion believes 04921— Cod Towing Co.: natural gas in interstate commerce or Cape Cod. that a formal hearing is required, further Shasta Barge Co.: to abandon service as described herein, 04922---- all as more fully described in the respec notice of such hearing will be duly given. Shasta. Under the procedure herein provided 04925---- Largo Towing Co.: J tive applications and amendments which Rey Largo. are on file with the Commission and for, unless otherwise advised, it will be 04927---- May Towing Co.: open to public inspection. unnecessary for applicants to appear or Cape Way. 04926— West Towing Co.: be represented at the hearing. Rey West. iThis notice does not provide for con solidation for hearing of the several matters v K enneth F. P lumb, 04926-— Rainier Barge Cío.: Secretary. Rainier. covered herein. Shavano Barge Co.: 04929— Price Pres- Shavano. Docket No. Purchaser and location per Mcf sure 04930- „ Réitjh S. Edwards—doing business and date Applicant base as Delta Barge Line: filed George E. Hiram Ring. G-5766...... Continental Oil Co., Post Office Box El Paso Natural Gas Co., Langlie- »11.0 14.66 C 1-17-72 2197, Houston, T X 77001. Mattix and Cooper-Jal Fields, Lea Trinity. County, N. Mex. , Curtis Jr. G-7223. _____Chevron Oil Co., Western Division, El Paso Natural Gas Co., acreage in 111.0 l*.» C. W. Dove. C 12-29-71 Post Office Box 599, Denver, CO Lea County, N. Mex. 04989— . Rederij M.S. “Atlantic”: 80201. G-18726...... Mobil Oil Corp. (Operator) et al., Transwestern Pipeline Co., Ellis Assigned----- J- Atlantic. D 2-4-72 Post Office Box 1774, Houston, T X County Area, Ellis County, Okla. 05026—.. Naviera Maritima Pluvial S.A.: 77001. Alisios. CI61-986...... Northern Natural Gas Producing Co., Northern Natural Gas Co., Fellsburg Assigned 05036—. Companhia Nacional de Nave- D 1-31-72 Post Office Box 1774, Houston, T X Field, Edward County, Kans. gacao: 77001. . 16.026 CI62-71-—...... Marathon Oil Co. et al., 539 South Texas Gas Transmission Corp., Cal 26.0 Porto Amelia. C 2-7-72 a Main St., Findlay, OH 45840. houn Field, Lincoln and Jackson 05100— _ Coral Petroleum Co., Ltd.: Parishes, La. it Esso Andina. CI69-1117-. Cities Service Oil' Co., Post Office D 2-7-72 Box 300, Tulsa, OK 74102 (partial sion of Tenneco Inc., Blocks 33 and 05161— . Dolphin Shipping Co.: abandonment). 34, Grand Isle Area, Offshore Bluedolphin. Louisiana. 24,0 14.66 05169..- Mid-Pacific Compania Naviera CI72-386... Gulf Energy & Development Corp., United Gas Pipe Line Co., acreage m Bee County, Tex. S.A.: 12^27-71 * 508 Broadway National Bank Bldg., South Venture. 1177 Northeast Loop 410, San An tonio, T X 78209. 19.0 14.65 05224.- _ Sulina Compania Naviera Corp.: CI72-461...... Duer Wagner & Co. (successor to Con United Gas Pipe Line Co., South Rerkennah. - (G-6352) tinental Oil Co.),* 909 Fort Worth Cabeza Creek Field, Goliad County, 05277—_ Skips A/S Abu and Hvalfangstsel- F 1-24-72* National Bank Bldg., Fort Worth, Tex. skapet Blaahval: Tex. 76102. «12.0 14.65 CI72-470...... Amoco Production Co. (successor to Cities Service Gas Co., Hugoton Magna. (G-4579) Cities Service Oil Co., Operator) Field, Haskell County, Kans. 05288—_ Evansville Materials Inc.: F 1-27-72 et al., Security Life Bldg., Denver, Colo. 80202. 17.0638 14.66 Dredge No. 7. Texas Oil& Gas Corp., Fidelity Union Natural Gas Pipeline _Co. of Amerioa, GI72-477-— Los Mogotes Field, Zapata County, 05348—_ Yellow Globe Shipping S.A.: 1-28-721 Tower Bldg., Dallas, Tex. 75201. Tropico. Tex. TroLcalia. Filing code: A—Initial service. 05582—_ Mesa Industri-og Skipsservice B—Abandonment. A/S: C—Amendment to add acreage. D—Amendment to delete acreage. Elisabeth. E —Succession. 05725—_ Efmariners Co., Ltd.: F —Partial succession. Raptastamati. See footnotes at end of table. FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 NOTICES 4119 Docket No. Price Pres- Docket No. Date Name of applicant and date Applicant Purchaser and location per Mcf sure filed filed base ______CS72-695..; 2-4-72 William T. Campbell, 628 CI72-479...... * Atlantic Richfield Co., Post Office Natural Gas Pipeline Co. of America, Depleted ______Capital National Bank Bldg., B 2-2-72 Box 2819, Dallas, T X 75221. Clayton Field, Live Oak County, Houston, Tex. 77002. Tex. CS72-696... 2-4-72 Greenbrier 72 Limited, 3330 CI72-481-— . . . Mobil Oil Corp., Post Office Box United Gas Pipe lane Co., Bethany Depleted _ _ _ ' Republic National Bank B 2-2-72 1774, Houston, T X 77001; Field, Panola County, Tex. Tower, Dallas, Tex. 75201. CI72-483...___CRA International, Ltd., Fourth Panhandle Eastern Pipe Line Co., •18.45 14.65 CS72-697__ 2-4-72 Thunderbird Oil Corp., Post 2-1—72 * National Bank Blag... Tulsa, Okla. Hansford Field, Hansford County, Office Box 1097, Midland, 74119. Tex. T X 79701. CS72-698__ 2-7-72 CI72-484...... Briscoe Valley Development Associa- Consolidated Gas Supply Corp., (*) ...... - Mary Newton Wofford, 1009 B 2-1-72 tion, 1033 Rhawn St., Philadelphia, Williams District, Wood County, San Jacinto Bldg., Houston, PA 19111. W. Va. Tex. 77002 CI72-485...... Sun Oil Co., Post Office Box 2880, Lone Star Gas Co., Katie Field, Depleted ...... ; CS72-699__ 2-7-72 Robert Brandt, 1365 First B 2-2-72 Dallas, T X 75221. Garvin County, Okla. National Center, Oklahoma CI72-486— . . . . Logue and Patterson, 628 Meadows Tennessee Gas Pipeline Co., a division Depleted...... City, Okla. 73102. B 2-1-72 Bldg., Dallas, Tex. 75206. of Tenneco Inc., acreage in Nueces CS72-700__ 2-7-72 W. O. Heinze. Empire State County, Tex. Bldg., 350 Fifth Ave., Room CI72-487...... ChamplinPetroleum Co., Post Office Panhandle Eastern Pipe Line Co., 16.0 14.65 6001, New York, N Y 10001. 2-2-72 « Box 9365, Fort Worth, T X 76107. acreage in Morton County, Kans. CS72-701... 2-7-72 Frio Production Co., Post CI72-488...... Sun Oil Co., Post Office Box 2880, Lone Star Gas Co., Katie Field, Depleted...... Office Box 290, Alice, T X B 2-3-72 Dallas, T X 75221. Garvin County, Okla. 78332. i Casinghead gas. [FR Doc.72-2750 Filed 2-25-72;8:45 am] »Applicant proposes to sell gas from additional acreage and gas made available by cessation of field cycling operations. [Docket No. RI72-177 et al.] »Acreage is nonproductive. ‘ Applicant proposes to purchase gas from Gibraltar Oil Corp. in Live Oak County, Tex., gather and deliver the HUMBLE OIL & REFINING CO. ET AL. gas to United Gas Pipe Line Co. in Bee County, Tex. »Application previously noticed Feb. 8,1972, in G-2629 et al. By letter filed Feb. 3,1972, applicant amonriAd its Order Providing for Hearing on and application to change the successor in interest from Continental Oil Co. et al., to “Continental Oil Company.’’ • Price as filed by Assignor, Cities Service Oil Co. (Operator) et al. Suspension of Proposed Changes in i Applicant proposes to continue the sale of its own gas heretofore authorized in Docket No. CI62-1544 to be made pursuant to Amerada Hess Corp. (Operator) et al. Rates, and Allowing Rate Changes • Applicant proposes to continue the sale of natural gas heretofore authorized in Docket No. G-14287 to be made To Become Effective Subject to Re pursuant to Nafco Oil & Gas Inc., FPC Gas Rate Schedule No. 14. • Includes 0.45 cent per Mcf tax reimbursement. fund 1 10 Applicant proposes to continue the sale of natural gas heretofore authorized in Docket No. G-15531 to be made pursuant to Kirby Petroleum Co. (Operator) et al., FPC Gas Rate Schedule No. 11. F ebruary 16,1972. [FR Doc.72-2749 Filed 2-25-72;8:45 am] Respondents have filed proposed changes in rates and charges for jur isdictional sales of natural gas, as set [Dpcket No. CS72-687 etc.] 15 of the Natural Gas Act and the Com forth in Appendix A below. FRED H. GRAY ET AL. mission’s rules of practice and procedure, The proposed changed rates and the jurisdiction conferred upon the Fed charges may be unjust, unreasonable, un Notice of Applications for “Small eral Power Commission by sections 7 and duly discriminatory, or preferential, or Producer“ Certificates 1 a hearing will be held without further otherwise unlawful. notice before the Commission on all ap The Commission finds : It is in the pub F ebruary 15, 1972. plications in which no petition to in lic interest and consistent with the Nat Take notice that each of the appli tervene is filed within the time required ural Gas Act that the Commission enter cants listed herein has filed an applica herein if the Commission on its own re upon hearings regarding the lawfulness tion pursuant to section 7(c) of the Nat view of the matter believes that a grant of the proposed changes, and that the ural Gas Act and § 157.40 of the regula of the certificates is required by the pub supplements herein be suspended and tions thereunder for a “small producer” lic convenience and necessity. Where a their use be deferred as ordered below. certificate of public convenience and ne petition for le'ave to intervene is timely The Commission orders: cessity authorizing the sale for resale and filed, or where the Commission on its own (A) Under the Natural Gas Act, par ticularly sections 4 and 15, the regula delivery of natural gas in interstate com motion believes that a formal hearing merce, all as more fully set forth in the tions pertaining thereto (18 CFR Ch. I), applications which are on file with is required, further notice of such hear and the Commission’s rules of practice the Commission and open to public ing will be duly given. and procedure, public hearings shall be inspection. Under the procedure herein provided held concerning the lawfulness of the Any person desiring to be heard or to for, unless otherwise advised, it will be proposed changes. make any protest with reference to said unnecessary for applicants to appear or (B) Pending hearings and decisions thereon, the rate supplements herein are applications should on or before March 9, be represented at the hearing. 1972, file with the Federal Power Com suspended and their use deferred until mission, Washington, D.C. 20426, peti K enneth F . P lumb, date shown in the “Date Suspended Un tions to intervene or protests in accord Secretary. til” column. Each of these supplements ance with the requirements of the Com- shall become effective, subject to refund, mission’s rules of practice and procedure Docket No. Date Name of applicant as of the expiration of the suspension (18 CFR 1.8 or 1.10). All protests filed filed period without any further action by the with the Commission will be considered respondent or by the Commission. Each by it in determining the appropriate ac CS72-687__ 2-2-72 Fred H. Gray et al., 2322 Line, respondent shall comply with the refund Shreveport, LA 71104. ing procedure required by the Natural tion to be taken but will not serve to CS72-688__ 2-2-72 Capitol Oil Corp., 6116 North Central Expressway, Dallas, Gas Act and § 154.102 of the regulations make the Protestants parties to the pro T X 75206. thereunder. ceeding. Persons wishing to become par CS72-689__ 2r2-72 The First National Bank of (C) Unless otherwise ordered by the Midland, Trustee—Trust No. ties to a proceeding or to participate as 555,1006 Midland National Commission, neither the suspended sup a party in any hearing therein must file Bank Bldg., Midland, Tex. plements, nor the rate schedules sought 79701. to be altered, shall be changed until dis Petitions to intervene in accordance with CS72-690__ 2-2-72 Frank P. Parish, Route 1, Taneytown, Md. 21787. position of these proceedings or expira the Commission’s rules. JDS72-691__ 2-2-72 H.A. & Jody N. Koch, d./b./a. Koch Production Co., Box tion of the suspension period, whichever further notice that, pursuant to 850, Worland, WY 82401. is earlier. the authority contained in and subject to CS72-692__ 2-3-72 Maurice R. Bullock, 1006 Mid land National Bank Bldg., Mid By the Commission. land, Tex. 79701. [ seal] . K enneth F. P lumb, CS72-693... 2-4-72 W.H. Hightower, Post Office timw18 Uotice does not provide for consolida- Box 1785, Midland, T X 79701. Secretary. ei-Art v hearing of the several matters eov- CS72-694;.. 214-72 Consolidated Oil & Gas, Inc., Brea herein. ' 1860 Lincoln St., Suite 1300, »Does not consolidate for hearing or dis Denver, CO 80203. pose of the several matters herein. No. 39- FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4120 NOTICES Appen d ix A Rate In Date Cents per Mcf* effect sub Rate Sup- Amount Date Effective Purchaser and producing area of filing date suspended — ------Ject to Docket Respondeat sched- ple- annual tendered unless until— Rate in Proposed refund in No. ule ment increase suspended effect increased docket No. No; rate . No. 8-20-72 • Accepted...... RI7O-870. RI72-177-- Humble Oil & Refining Co. 296 16 El Paso Natural Gas Co. (Walker 1-17-72 Hollow Unit, Uintah County, Utah). $24,911 1-17-72 8-21-72 19.5 * 21.76 RI70-870. 3-19-72 15.0 16.0 RI72-178-- Pubeo Petroleum Corp...... 17 1 Mountain Fuel Supply Co. (West 1,632 1-17-72 Side Canal Area Field, Moffat County, Colo.). •Unless otherwise stated, the pressure base is 16.025 p.Sji.a. • • * Includes 1.25 cents upward adjustment for B.t.u. content. i Amendatory agreement containing new pricing, Quality, and term provisions. * Accepted to be effective on the date shown in the “Effective Date column. The proposed increased rates of Humble dictional sales of natural gas, as set forth suspended and their use deferred until ftnri pubeo relate to sales outside the south in Appendix A below. date shown in the “Date Suspended ern Louisiana area and do not exceed the corresponding rate filing limitation for in The proposed changed rates and Until’’ column. Each of these supple creased rates in southern Louisiana. They charges may be unjust, unreasonable, ments shall become effective, subject to are therefore suspended for a period ending refund, as of the expiration of the sus 61 days from the date of filing, or 1 day unduly discriminatory, or preferential, from the contractual due date, whichever is or otherwise unlawful. pension period without any further later. action by the respondent or by the Com The producers’ proposed increased rates The Commission finds: It is in the pub p.r»H charges exceed the applicable area price lic interest and consistent with the Nat mission. Each respondent shall comply levels for increased rates as set forth in the ural Gas Act that the Commission enter with the refunding procedure required Commission’s statement of general policy by the Natural Gas Act and § 154.102 of No. 61-1, as amended (18 CFR 2.56). upon hearings regarding the lawfulness [PR Doc.72-2751 Piled 2-25-72;8:45 am] of the proposed changes, and that the the regulations thereunder. supplements herein be suspended and (C) Unless otherwise ordered by the [Docket No. RI72-179 etc.] their use be deferred as ordered below. Commission, neither the suspended sup GETTY OIL CO. ET AL. The Commission orders : plements, nor the rate schedules sought Order Providing for Hearing on and (A) Under the Natural Gas Act, par Suspension of Proposed Change^ in to be altered, shall be changed until dis ticularly sections 4 and 15, the regula position of these proceedings or expira Rates^and Allowing Rate Changes tions pertaining thereto (18 CFR Ch. I), tion of the suspension period, whichever To Become Effective Subject to and the Commission’s rules of practice is earlier. Refund1 and procedure, public hearings shall be F ebruary 17,1972. held concerning the lawfulness of the Respondents have filed proposed By the Commission. changes in rates and charges for juris- proposed changes. [ s e a l ! K e n n e t h F. P l u m b , »Does not consolidate for hearing or dis (B) Pending hearings and decisions pose of the several matters herein. thereon, the rate supplements herein are Secretary. Appen d ix A Cents per Mof* Rate in Rate Sup- Amount Date Effective Date - effect sub Docket Respondent sched- píe Purchaser and producing area of filing date suspended Rate in Proposed ject to nle ment annual tendered unless until— effect increased refund in No; increase suspended rate dockets No. No. Nos. RI69-642. RI72-179.. Getty Oil Co. 104 < >18 El Paso Natural Gas Co. (Da $57,947 1-18-72 3-20-72 14.0578 21. <33 kota Field, San Juan County, N. Mex.) (San Juan Basin). RI71-696. RI72-180.. Mobil Oil Corp. 17 24 Northern Natural Gas Co. 14,700 1-25-72 3-27-72 16.1676 >16.8050 (Blinebry and Tubb Fields, Lea County, N. Mex.) (Per mian Basin). .do. 80 9 Northern Natural Gas Co. 350 1-25-72 3-27-72 • 14.03 • 16.76076 (Eumont Field, Lea County, N. Mex., Permian Basin). RI70-1113. RI70-1113- Texaco, Inc 396 2-2 Colorado Interstate Gas Co. (956) 1-27-72 1-31-72 « Accepted • 17.256 • 17.1275 (Table Rock (Below Almond) Field, Sweetwater County, Wyo.). •Unless otherwise stated, the pressure base is 15.026 p.s.i.a. . . , ' Index for all commodities other than farm products and food. 1 Not applicable to acreage added by Supplements Nos. 3 through 8 and 10 which ‘ 13.68 cents at 14.65 p.s.l.a. .. „ v' „„„ ,,,0 are dated after Apr. 3,1961. , • Accepted subject to the existing suspension proceeding in Docket No. RITQ-iu* * Applicable to high pressure gas only. Low pressure gas price is 12 cents plus tax to be effective Jan. 31, 1972, the requested effective date. • The pressure base is 14.65 p.s.i.a. re«tIn^^^based on the increase in the Bureau of Labor Statistics Wholesale Price The proposed increase to 21.33 cents per 1971.1 El Paso is expected to protest this problem presented, the heading herein shall Mcf, was fractured to avoid a suspension favored-nation increase, as it has previous concern itself with the contractual basis for period of longer than 1 day by Getty for a fhia favored-nation filing as well as the just filings, on the basis that it is not contrac ness and reasonableness of the proposed ifi" sale to El Paso in San Juan Basin and is tually authorized. In view of the contractual creased rate. The proposed increase does not based on a favored-nations clause which was exceed the corresponding rate filing limita allegedly activated by Amoco Production 1 Amoco’s increases allegedly were trig tions imposed in southern Louisiana and 1® Co.’s favored nations increases which were gered by the Aztec Oil & Gas Co.’s unilateral suspended for 1 day, provided Getty within suspended in Docket No. RI72-70 and became increase which was suspended in Docket No. 30 days of the issuance of this order files a document waiving its right to file for any effective subject to refund on November 14, RI71-744. FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 NOTICES 4121 increase for 1 year, subject to the two excep tions permitted in the Commission’s order FIRST UNITED BANCORPORATION, banks in the Akron banking market (ap issued December 17, 1971, in Amoco Produc INC. proximated by Summit and Portage tion Company, Docket No. RI72-70. In the Counties and the city of Wadsworth), event Getty does not file the required waiver, Acquisition of Banks controlling 1.6- percent of market de the suspension period for the proposed in First United Bancorporation, Inc., posits. (Banking data are as of June 30, crease, without further order of this Com 1971, and reflect holding company for mission, will be 5 months from the expira Fort Worth, Tex., has applied for the tion of the statutory notice period. Board’s approval, in three separate ap mations and acquisitions approved Texaco has been collecting a double plications as set forth below, under sec through December 31, 1971.) amount of the contractually due reimburse tion 3(a)(3) of the Bank Holding The nearest subsidiary of applicant to ment for taxes applicable to future produc Company Act (12 U.S.C. 1842(a) (3 )): Bank is the Portgage National Bank tion as well as past production back to Jan (1) To acquire 100 percent of the vot (Portage Bank) in Kent, located 25 miles uary 1, 1968, for sales under its PPC Gas ing shares (less directors’ qualifying northeast of Bank. Although Portage Rate Schedule No. 396. Since tax reimburse shares) of the successor by merger to Bank competes in the Akron banking ment applicable to past production has been The First National Bank of Fort Worth, market, holding 4.6 percent of market recovered, Texaco has filed a rate decrease deposits, direct competition between reducing its rate so as to provide for tax Fort Worth, Tex.; reimbursement for future production only. (2) To acquire indirectly 24.3 percent Bank and Portage Bank is not substan Consistent with Commission action on sim of the voting shares of Seminary State tial due to the location of the city of ilar filings, the proposed decrease is accepted Bank, Fort Worth, Tex. (applicant pres Akron and 60 banking offices of other for filing subject to refund in existing sus ently owns 24 percent of the voting banking institutions in the area inter pension proceedings to be effective as of the shares of this bank); and vening between Bank and Portage Bank requested effective date. (3) To acquire indirectly 27 percent and the absence of any overlap in the Mobil’s increases do not exceed the corre service areas of the two banks. Consum sponding rate filing limitations imposed in of the voting shares of Security State southern Louisiana and therefore they are Bank, Fort Worth, Tex. (applicant pres mation of the proposed acquisition would suspended herein for 1 day. ently owns 24 percent of the voting not, therefore, eliminate substantial ex All of thé producers’ proposed rates and shares of this bank). The factors that isting competition. Furthermore, the de charges exceed the applicable area ' price are considered in acting on the applica velopment of potential competition ap levels for increased ratés as set forth in the tions are set forth in section 3(c) of the pears unlikely, in view of application of Commission’s statement of general policy No. Act (12 U.S.C. 1842(c)). the State’s restrictive branching law and 61-1, as amended (18 CFR 2.56). The applications may be inspected at in view of the sizable number of inter [FR Doc.72-2793 Filed 2-25-72;8:45 am] the office of the Board of Governors or vening banking offices separating them. at the Federal Reserve Bank of Dallas. The financial and managerial re Any person wishing to comment on the sources and future prospects of applicant applications should submit his views in and Bank are satisfactory and consistent FEDERAL RESERVE SYSTEM writing to the Secretary, Board of Gov with approval of the application. Appli cant intends to provide Bank’s customers FIRST SOUTHWEST ernors of the Federal Reserve System, Washington, D.C. 20551, to be received with a qualified trust officer and to assist BANCORPORATION, INC. not later than March 13,1972. Bank in the provision of international Order Denying Acquisition of Banks banking services, as well as to assist Board of Governors of the Federal Bank in locating future branch sites. First Southwest Bancorporation, Inc., Reserve System, February 22, 1972. Considerations relating to the conven Waco, Tex., has applied for the Board’s [ seal] T ynan S m ith, ience and needs of the community to be approval under section 3(a) (3) of the Secretary of the Board. served lend weight toward approval. It is Bank Holding Company Act (12 U.S.C. [FR Doc.72-2886 Filed 2-25-72;8:49 am] the Board’s judgment that the transac 1842(a)(3)) to acquire 100 percent (less tion is in the public interest and should directors’ qualifying shares) of the suc be approved. cessors by reorganization to Bellmead HUNTINGTON BANCSHARES INC. On the basis of the record, the appli State Bank, Waco, and East Texas Bank cation is approved for the reasons sum- * & Trust Co., Longview, and the succes Order Approving Acquisition of Bank marized above. The transaction shall sors by merger to Kilgore National Bank, Huntington Bancshares Inc., Colum not be consummated (a) before the 30th Kilgore, and Sabine National Bank of bus, Ohio, a bank holding company calendar day following the date of this Port Arthur, Port Arthur, all in Texas. within the meaning of the Bank Holding order or (b) later than 3 months after Notice of receipt of the application has Company Act, has applied for the the date of this order, unless such period been given in accordance with section Board’s approval under section 3(a) (3) is extended for good cause by the Board, 3(b) of the Act, and the time for filing of the Act (12 U.S.C. 1842(a) (3)) to ac or by the Federal Reserve Bank of comments and views has expired. The quire 80 percent or more of the voting Cleveland pursuant to delegated author Board has considered the applications shares of The First National Bank of ity. and all comments received in light of the Wadsworth, Wadsworth, Ohio (Bank). By order of the Board of Governors,1 factors set forth in section 3(c) of the February 18,1972. Act (12 U.S.C. 1842(c)). Notice of receipt of the application has been given in accordance with sec [seal] T ynan Sm ith, On the basis of the record, the appli tion 3(b) of the Act, and the time for cations are denied for the reasons set filing comments and views has expired. Secretary of the Board. forth in the Board’s Statement1 of this The Board has considered the applica [FR Doc.72-2887 Filed 2-25-72;8:49 am] date. tion and all comments received in the By order of the Board of Governors,* light of the factors set forth in section UNITED BANKS OF COLORADO, INC. February 18, 1972. 3(c) of the Act (12 U.S.C. 1842(c)) and finds that: Order Approving Acquisition of Bank [SEAL1 T ynan S m ith, Applicant has 10 subsidiary banks Secretary o f the Board. holding aggregate deposits of approxi United Banks of Colorado, Inc., Den [FR Doc.72-2885 Filed 2-2 5 -7 2 ;8:49 am] mately $880.9 million, representing 4 ver, Colo., a bank holding company with percent of the commercial bank deposits in the meaning of the Bank Holding in Ohio. Acquisition of Bank would in Company Act, has applied for the 0 Filed as part of the original document, Board’s approval under section 3(a)(3) opies available upon request to the Board crease applicant’s control of commercial bank deposits in the State by approxi of the Act (12 U.S.C. 1842(a) (3)) to ac ^Governors of the Federal Reserve System, quire 80 percent or more of the voting hington, D.C. 20551, or to the Federal mately 0.1 percent, and applicant’s rank ft^serve Bank of Dallas. as the sixth largest banking organiza 1 Voting for this action: Chairman Bums fmrt ior this action: Chairman Bums tion in the State would remain un and Governors Robertson, Mitchell, Daane, M„,o/9 0Yfrnors Robertson, Mitchell, Daane, changed. Bank ($22.2 million in "laisel, Brimmer, and Sheehan. Brimmer, and Sheehan. Absent and not vot deposits) is the eleventh largest of 14 ing: Governor Maisel. FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 NOTICES 4122 UNITED JERSEY BANKS could be eliminated if home office pro shares of The St. Vrain Valley Bank, tection were not perpetuated. Accord Longmont, Colo. (Bank). Order Approving Acquisition of Bank ingly, approval of the application is con Notice of receipt of the application ditioned upon applicant filing a merger has been given in accordance with sec United Jersey Banks, Hackensack, N.J., application and, subject to supervisory tion 3(b) of tiie Act, and the time for a bank holding company within the approval, merging City National into filing comments and views has expired. meaning of the Bank Holding Company Cumberland National within 1 year of I The Board has considered the applica Act, has applied for the Board’s approval the date of this order so as to remove tion and all comments received in the under section 3(a) (3) of the Act (12 home office protection from Millville un light of the factors set forth in section U.S.C. 1842(a)(3)) to acquire 100 per less, within such 1-year period, there is j 3(c) of the Act (12 U.S.C. 1842(c)) and cent (less directors’ qualifying shares) of a change in New Jersey law which would finds that: the voting shares of the successor by accomplish the same result. On that basis Applicant controls 10 banks with ag merger to The City National Bank of and after consideration of the record, gregate deposits of $684.7 million, which Millville, Millville, N.J. (City National). the Board concludes that no significant amounts to 14.9 percent of the total com The bank into which City National is to adverse competitive effects are likely to mercial bank deposits in Colorado. be merged has no significance except as a result from approval of the application. I Bank (deposits $6.8 million) is the means of acquiring all of the shares of The financial and managerial re smallest of three banks in Longmont and City National. Accordingly, the proposed sources and future prospects of applicant, I the eighth largest of nine banking or acquisition of the shares of the successor its subsidiaries, and the proposed sub- I ganizations in Boulder County, holding organization is treated herein as the pro sidiary appear to be satisfactory. Appli- I 2.9 percent of deposits in commercial posed acquisition of shares of City Na cant’s ability to provide City National I banks in that county. Applicant’s nearest tional. with management succession lends some I subsidiary is located 15 miles from Bank Notice of receipt of the application has weight for approval. Applicant proposes I in the city of Boulder, and holds 11.8 per been given in accordance with section to expand City National’s trust and in- I cent of the deposits in Boulder County. 3(b) of the Act, and the time for filing vestment services, to expand City Na- I Consummation of the proposed transac comments and views has expired. The tional’s commercial loan programs to in- I tion would increase applicant’s share of Board has considered the application and elude new types of loans, such as accounts I deposits to 14.7 percent. However, the all comments received in the light of the receivable financing and construction fi- I largest and second largest banking or factors set forth in section 3 (c) of the Act nancing, to provide data processing serv- I ganizations in the county control 40.9 (12 U.S.C. 1842(c)) and finds that: ices, and to improve facilities. Conveni- I percent and 15.6 percent of deposits, re Applicant, with nine subsidiary banks ence and needs fafctors, therefore, lend | holding aggregate deposits of $956.9 mil* spectively, and affiliation with applicant some weight toward approval. should enable Bank to compete more lion, is the largest banking organization It is the Board’s judgment that the I effectively with these two larger banking in New Jersey with 6.1 percent of the proposed acquisition as conditioned is I organizations and with the larger banks commercial bank deposits in the State. in the public interest and should be I (All banking data are as of June 30,1971, in Longmont. It appears that consum approved. mation of the proposal would not elimi and reflect holding company formations On the basis of the , record, the appli- I nate any meaningful existing competi and acquisitions approved through No cation is approved fof the reasons sum- I vember 30, 1971.) Consummation of the tion, and in view of the distance in marized above.1 This order is entered volved and Colorado’s laws prohibiting proposed acquisition of City National branching, it does not appear that any (deposits of $12.4 million) would in on the condition that United Jersey such competition is likely to develop. f crease only slightly Applicant’s share of Banks will file a merger application and, Applicant intends to enlarge Banks statewide commercial bank deposits. subject to supervisory approval, merge landing capacity through participations, Applicant, through its subsidiary, The The City National Bank of Millville, to assist Bank in making agricultural Cumberland National Bank of Bridge- ton, N.J. (Cumberland National), is the Millville, N.J., into The Cumberland Na loans, to provide trust services through tional Bank of Bridgeton, Bridgeton, N.J., applicant’s lead bank, and to aid Bank fifth largest banking organization within hi advertising and market research. Con the relevant market (which is approx within 1 year of the date of this order so siderations related to the convenience imated by Cumberland County and ad as to remove home office protection from and needs of the community to be served jacent portions of Salem, Gloucester, Millville unless, within such l-year pe lend some weight in favor of approval. and Atlantic Counties) with 12.3 percent riod, there is a change in New Jersey of deposits. Approval of the acquisition Considerations related to the financial law which would accomplish the same ftnd managerial resources and future of City National, the smaller of two banks prospects of applicànt and its present in Millville and the eighth largest bank result. subsidiaries and of Bank are generally in the market, would result in applicant The transaction shall not be consum satisfactory and consistent with ap becoming the largest of 12 banking orga mated (a) before the 30th calendar day proval. It is the Board’s judgment that nizations in. the market with 17.2 percent following the date of this order or (b) the proposed transaction is in the public of deposits. later than 3 months after the date of this Although City National and Cumber interest and that the application should order, unless such period is extended for be approved. ' - .. land National (deposits of $25.5 million) On the basis of the record, the appli are located 11 miles apart, there appears good cause by the Board, or by the Fed cation is approved for the reasons sum- to be no significant existing competition eral Reserve Bank of New York pursuant marized above. The transaction shall not between the two banks. Moreover, based to delegated authority. be consummated (a) before the 30th on the facts of record, it is considered By order of the Board of Governors,* calendar day following the date of this order or (b) later than 3 months after unlikely that potential competition would February 17,1972. the date of this order, unless such period develop between applicant and Bank [ seal] T ynan S mith, is extended for good cause by the Board, since applicant is unlikely to enter Mill Secretary of the Board. or by the Federal Reserve Bank of Kansas ville by chartering a new bank and since [PR Doc.72-2889 Filed.2-25-72;8:49 am] City pursuant to delegated authority. de novo branching into Millville is barred By order of the Board of Governors,1 by the home office protection provision i Dissenting Statement of Governor Rob February 18, 1972. of the New Jersey Banking Statute. ertson filed as part of the original document Copies available upon request to the Boaru [seal! T ynan S m ith, Nevertheless, unconditioned approval of of Governors of the Federal Reserve System. Secretary of the Board. this application would appear to have an Washington, D.C. 20551, or to the Federal [PR Doc.72-2888 Piled 2—25—72;8:49 am] adverse competitive impact in that home Reserve Bank of New York. »Voting for this action: Chairman Bur office protection could be perpetuated in and Governors Daane, Maisel, and Sheeha j 1 Voting for this action: Chairman Burns Millville thus foreclosing competitors Voting against this action: Governor Robe and Governors Robertson, Mitchell, Daane, from branching into Millville. This pos son. Absent and not voting: Governors Mitcn Brimmer, and Sheehan. Absent and not ell and Brimmer. voting: Governor Maisel. sible anticompetitive effect of approval :DERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 NOTICES 4123 36. Manganese ore, chemical grade, type A. a Delaware corporation, has filed an ap OFFICE OF EMERGENCY 37. Manganese ore, chemical grade, type B, plication pursuant to Section 17(b) of 38. Manganese ore, metallurgical grade: a. Manganese ore, metallurgical grade. the Investment Company Act of 1940 PREPAREDNESS b. Manganese, Ferro, high carbon. (Act) for an order exempting from the c. Manganese, Ferro, low carbon. provisions of section 17(a), the proposed LIST OF STRATEGIC AND CRITICAL d. Manganese, Ferro, medium carbon. grant to Mitsui Fluorochemicals Co., MATERIALS e. Manganese Silicon. Ltd. (formerly Nitto Fluorochemicals f. Manganese metal, Electrolytic. Co., Ltd.) (hereinafter MFC), a Japa Pursuant to section 2(a) of the 39. Mercury. nese corporation, of exclusive rights in Strategic and Critical Materials Stock 40. Mica, Muscovite block, stained and Japan to certain technical information better. and Japanese patents required for the Piling Act, as amended (Public Law 520, 41. Mica, Muscovite film, first and second 79th Congress), the Director of OEP is qualities. manufacture and sale by MFC of certain authorized and directed to determine 42. Mica, Muscovite splittings. fluorocarbon plastic materials. from time to time which materials are 43. Mica, Phlogopite block. All interested persons are referred to strategic and critical under the provi 44. Mica, Phlogopite splittings. the application on file with the Com sions of this Act. Listed below are the 45. Molybdenum: mission for a full statement of the repre materials that have been determined to a. Molybdenum disulphide. sentations contained therein, which are be strategic and critical under the provi b. Molybdenum, ferro. summarized below. c. Molybdic oxide. sions of this Act. Christiana Securities Co. (Christiana), 46. Nickel. a registered closed-end investment com 1. Aluminum. 47. Opium: 2. Aluminum Oxide: . a. Opium gum. pany, owns approximately 28.4 percent a. Aluminum oxide, fused, crude. b. Opium, alkaloids and salts. of the outstanding common stock of Ap b. Aluminum oxide, abrasive grain. 48. Platinum group metals. Iridium^ plicant, which in turn owns 50 percent 3. Antimony. 49. Platinum group metals, Palladium. of the outstanding common stock of 4. Asbestos, Amosite. 50. Platinum group metals, Platinum. MFC. Under section 2(a) (9) of the Act, 5. Asbestos, Chrysotile. 51. Pyrethrum. Applicant and MFC are presumed to be' 6. Bauxite, metal grade, Jamaica type. 52. Quartz crystals. controlled by Christiana and under sec 7. Bauxite, metal grade, Surinam type. 53. Quinidine. 8. Bauxite, refractory grade. 54. Quinine. tion 2(a)(3) of the Act, are also affil 9. Beryl: 55. Rubber. iated persons of Christiana. a. Beryl ore. 56. Rutile. MFC was organized in April of 1963 b. Beryllium copper master alloy. * 57. Sapphire and ruby. pursuant to a 1962 agreement between c. Beryllium metal. 513. Shellac. Applicant and Nitto Fluorochemicals Co., 10. Bismuth.. 59. Silicon carbide, crude. Ltd. (Nitto), whereby each would have a 11. Cadmium. 60. Silver. 50 percent interest in MFC. In 1966, 12. Castor oil: 61. Sperm Oil. Nitto sold its 50 percent interest in MFC a. Castor oil. 62. Talc, Steatite block and lump. b. Sebacic acid. 63. Tantalum: to Mitsui Petrochemical Industries, Ltd. 13. Chromite, chemical grade. a. Tantalum minerals. and MFC assumed its present name. 14. Chromite, metallurgical grade: b. Tantalum carbide powder. Under the 1962 agreement between Ap a. Chromite, metallurgical grade. c. Tantalum metal. plicant and Nitto, which became effective b. Chromium, ferro, high carbon. 64. Thorium oxide. upon MFC’s formation in 1963, Applicant c. Chromium, ferro, low carbon. 65. Tin. provided MFC, exclusively in Japan, with d. Chromium, ferro, silicon. 66. Titanium sponge. certain technical information and an 15. Chromite, refractory grade. 67. Tungsten: 16. Chromium, metal. a. Tungsten ores and concentrates. exclusive license to manufacture speci 17. Cobalt. b. Tungsten carbide powder. fied types of fluorocarbon plastic mate 18. Columbium: c. Tungsten, ferro. rials including certain polymeric mate a. Columbium concentrates. d. Tungsten metal powder, carbon re rials (hereinafter 1963 Polymers). In b. Columbium carbide powder. duced. return for the above mentioned informa c. Columbium, ferro. e. Tungsten metal powder, hydrogen re tion and license, MFC agreed to pay to d. Columbium, metal. duced. Applicant a 5 percent royalty on all 1963 19. Copper: 68. Vanadium: a. Copper oxygen-free high conductivity. a. Vanadium, ferro. Poisoners sold by it during a 10 year pe b. Copper, other. b. Vanadium pentoxides. riod scheduled to end June 30, 1975, but c. Beryllium copper master alloy. 69. Vegetable Tannin extract, Chestnut. which might be extended to no later than 20. Cordage fibers, Abaca. 70. Vegetable Tannin extract, Quebracho. June 30, 1979. Applicant represents that 21. Cordage fibers, Sisal. 71. Vegetable Tannin extract, Wattle. because the 1962 agreement was entered 22. Diamond dies, small: 72. Zinc. into prior to the time of any affiliation a. Smaller than 0.0004 inch. Dated: February 18 1972. between it and MFC, it was not necessary b. Prom 0.0004 to 0.00059 inoh. to file an application pursuant to, nor c. Prom 0.0006 to 0.00079 inch. G. A. L incoln, 23. Diamond, industrial: crushing bort. were the transactions described above in 24. Diamond, industrial: stones. Director, violation of, the provisions of section 17 25. Feathers and Down: Office of Emergency Preparedness. of the Act. a. Down. [FR Doc.72-2911 Filed 2-25-72;8:51 am] The proposed transaction for which b. Feathers. Applicant has requested an exemptive 26. Fluorspar, acid grade. order involves an agreement between Ap 27. Fluorspar, metallurgical grade. plicant and MFC dated April 21, 1971, 28. Graphite, natural—Ceylon, Amorphous lump. SECURITIES AND EXCHANGE whereby Applicant will provide MFC 29. Graphite, natural—Malagasy, crystal with certain additional technical infor line: mation required to manufacture high a. Graphite, natural—Malagasy, crystal COMMISSION surface area fluorocarbon polymeric line fines. [812-3058] materials (HSA Polymers) and will grant b. Graphite, natural—Malagasy, crystal to MFC and any sublicensee of MFC an line flakes. E. I. DU PONT DE NEMOURS AND CO. exclusive license in Japan to import, 30. Graphite, natural—other than Ceylon and Malagasy crystalline. Notice of Filing of Application for make, use, and sell HSA Polymers. Ap 31. Iodine. Order Exempting Proposed Trans plicant will reserve to itself and to its 32. Jewel bearings. customers the right to import, use or sell 33. Lead. action in Japan any quantity of HSA Polymers 34. Manganese, battery grade, natural ore. F ebruary 18, 1972. made by Applicant, including any article 35. Manganese, battery grade, synthetic Notice is hereby given that E. L du or product made using Applicants’ HSA dioxide. Pont de Nemours and Co. (Applicant), Polymers as an intermediate. FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4124 NOTICES MFC has agreed to pay Applicant, in plication shall be issued upon request or [Declaration of Disaster Loan Area 878; consideration for the granting of this ex upon the Commission's own motion. Per Class B] clusive license, a royalty of 2 percent of sons who request a hearing, or advice as MISSISSIPPI the “net selling price”, as described in to whether a hearing is ordered, will re the application, of all quantities of HSA ceive notice of further developments in Declaration of Disaster Loan Area this matter, including the date of the Polymers used or sold by MFC on any Whereas, it has been reported that sublicensee during the -year period hearing (if ordered) and any postpone ments thereof. during the month of December 1971, be from July 1, 1975 through December 31, cause of the effects of certain disasters 1980. Applicant has agreed to defer the For the Commission, by the Division qf damage resulted to homes and business 2 percent royalties on the HSA Polymers Corporate Regulation, pursuant to dele property located in the State of Mis until the expiration of the royalty period gated authority. sissippi; for the 1963 Polymers. Applicant projects Whereas, the Small Business Admin that total royalties on HSA Polymers will [ seal] R onald F . Hunt, Secretary. istration has investigated and has re amount to approximately $500,000. ceived other reports of investigations of MFC is currently producing and sell [FR Doc.72-2903 Filed 2-25-72;8:50 am] conditions in the areas affected; ing HSA Polymers with the understand Whereas, after reading and evaluating ing that the transfer to MFC by Appli reports of such conditions, I find that the cant of the technical information and conditions in such area constitutes a the license must be deemed nonexclusive SMALL BUSINESS catastrophe within the purview of the so as not to represent a sale and purchase Small Business Act, as amended. of property prohibited by section 17(a) ADMINISTRATION Now, therefore, as Assistant Adminis of the Act. [Declaration of Disaster Loan Area 879; trator for Administration and Opera Applicant represents that the royalty Class B] tions of the Small Business Administra rate and other provisions of the pro ARKANSAS tion, I hereby determine that: posed license were negotiated at arm’s 1. Applications for disaster loans un length, and Applicant believes that the Declaration of Disaster Loan Area der the provisions of section 7(b) (1) of terms of the proposed transaction are the Small Business Act, as amended^ may fair to both Applicant and MFC. Whereas, it has been reported that be received and considered by the office Section 17(a) of the Act prohibits an during the month of December 1971, below indicated from persons or firms affiliated person of a registered invest because of the effects of certain disasters whose property situated in Amite, ment company from purchasing from damage resulted to homes and busi Copiah, Franklin, Lawrence, Lincoln, such company or any company controlled ness property located in the State of Marion, Pike, Walthall, and Wilkinson by such registered investment company Arkansas; Counties, Miss., suffered damage or de any security or other property, with cer Whereas, the Small Business Adminis struction resulting from heavy rains and tain exceptions not here applicable. Sec tration has investigated and has received floods on December 3,1971. tion 17(b) of the Act provides that the other reports of investigations of con Commission shall issue an order exempt ditions in the areas affected; Of f ic e ing a proposed transaction from one or Whereas, after reading and evaluating Small Business Administration District Of more provisions of section 17(a) if the reports of such conditions, I find that the fice, 245 East Capitol Street, Jackson, MS Commission finds, upon application, that conditions in such areas constitutes a 39205. the terms of the proposed transaction are catastrophe within the purview of the 2. Applications for disaster loans un reasonable and fair and do not involve Small Business Act, as amended. der the authority of this Declaration will overreaching on the part of any person Now, therefore, as Assistant Adminis not be accepted subsequent to August 31, concerned and that the proposed trans trator for Administration and Operations 1972. action is consistent with the policy of of the Small Business Administration, I the registered investment company and hereby determine that: Dated: February 11,1972. the general purposes of the Act. 1. Applications for disaster loans un Claude Alexander, Notice is further given that any in der the provisions of section 7(b) (1) of Assistant Administrator terested person may, not later than the Small Business Act, as amended, may for Administration and Operations. March 9, 1972, at 5:30 p.m., submit to be received and considered by the office [FR Doc.72-2900 Filed 2-25-72;8:50 am] the Commission in writing a request for below indicated from persons or firms a hearing on the matter accompanied by whose property situated in Baxter, a statement as to the nature of his inter Boone, Carroll, Conway, Crawford, [License No. 03/03-0037] est, the reason for such request and the Franklin, Fulton, Hempstead, Howard, SBIC OF THE EASTERN STATES, INC. issues of fact or law proposed to be con Izard, Johnson, Little River, Logan, troverted, or he may request that he be Madison, Marion, Miller, Montgomery, Notice of License Surrender notified-^ the Commission should order Newton, Perry, Polk, Scott, Sebastian, a hearing thereon. Any such communica Sevier, Stone, and Yell Counties, Ark., Notice is hereby given that SBIC of tion should be addressed: Secretary, suffered damage or destruction resulting the Eastern States, Inc., c/o Becker Securities and Exchange Commission, from heavy rains and floods on Decem Clothing Corp., 1216 Arch Street, Phila Washington, D.C. 20549. A copy of such ber 9, 1971. delphia, PA 19107, has surrendered its request shall be served personally or by O f f ic e license to operate as a small business in mail (airmail if the person being served Small Business Administration District Of vestment company pursuant to § 107.105 is located more than 500 miles from the fice, 600 West Capital Avenue, Little Rock, of the Small Business Administration point of mailing) upon Applicant at the AR 72201. Rules and Regulations governing small address stated above. Proof of such serv business investment companies (13 CFR 2. Applications for disaster loans un 107.105 (1971)). ice (by affidavit or in case of an attorney der the authority of this Declaration will at law by certificate) shall be filed con SBIC of the Eastern States, Inc., was not be accepted subsequent to August 31, licensed as a small business investment temporaneously with the request. At any 1972. time after said date, as provided by Rule company on December 10, 1962, to oper 0-5 of the rules and regulations promul Dated: February 11, 1972. ate solely under the Small Business In vestment Act of 1958 (the act), as gated under the Act, an order disposing C laude Alexander, of the application herein may be issued amended (15 U.S.C. 661 et seq.), and the Assistant Administrator regulations promulgated thereunder. by the Commission upon the basis of the for Administration and Operations. information stated in said application, Under the authority vested by the act, unless an order for hearing upon said ap [FR Doc.72-2899 Filed 2-25-72;8:50 am] and pursuant to the cited regulation, the FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 NOTICES 4125 surrender of the license is hereby ac missioners Sutton and Leonard dissented categories encompass the bulk of the cepted and all rights, privileges, and the from the'finding. earthen dinnerware, and the bulk of the franchises therefrom are canceled. The Commission found, by unanimous earthen and china nondinnerware ar Dated: February 18,1972. vote, that the domestic industry produc ticles imported into the United States. ing household china table and kitchen The four Commissioners also found A. H. S inger, articles is not being seriously injured, or that the rates of duty applicable to the Associate Administrator threatened with serious injury, by in-^ categories of articles indicated would for Investment. creased imports resulting from trade- have to be increased to the pre-Kennedy [FR Doc.72-2901 Filed 2-25-72;8:50 am] agreement concessions on any of the ar Round rates of duty in order to remedy ticles concerned. the serious injury. The present rates and With respect to the affirmative finding the increased rates found by the Com [License No. 03/04-0060] respecting the earthenware industry, missioners for each of the categories of SECURITY SMALL BUSINESS Chairman Bedell, Vice Chairman articles concerned are shown at the end INVESTMENT CO. Parker, and Commissioners Moore and of this release. Young found that several categories of Earthen table and kitchen articles are Notice of License Surrender the ceramic table and kitchen articles currently produced in the United States covered by the investigation are, as a re at 18 plants. Four are located in Ohio, Notice is hereby given that Security sult in major part of trade-agreement Small Business Investment Co., 4023 three in California and West Virginia, negotiations, being imported into the two in Pennsylvania, and one each in Chain Bridge Road, Fairfax, VA 22030, United States in such increased quan has surrendered its license to operate as Arizona, Kentucky, Michigan, New Jer tities as to cause serious injury to the sey, Oklahoma, and Tennessee. As a re a small business investment company domestic industry producing earthen pursuant to § 107.105 of the Regulations sult of the finding of the majority of the table and kitchen articles. The categories Tariff Commission, the President may, governing small business investment of articles involved in this finding (and companies (13 CFR 107.105 (1971) >. under the Trade Expansion Act, certify the item number under which the ar the firms and workers involved as eligi Security Small Business Investment ticles are classifiable in the Tariff Sched Co. was licensed as a small business in ble to apply for adjustment assistance. ules of the United States (TSUS)) are as A part of the material contained in vestment company on June 12, 1962, to follows : (1) Earthen dinnerware valued operate solely under the Small Business the Commission’s report to the President over $12 but not over $22 per norm 1 may not be made public since it includes Investment Act of 1958 (the act), as (533.28 (part)); (2) earthen mugs and information that would disclose the op amended (15 U.S.C., 661 et seq.), and miscellaneous articles (533.31); (3) erations of individual firms. The Com the Regulations promulgated thereunder. earthen nondinnerware articles (not mission, therefore, is releasing to the Under the authority vested by the act, available in sets) except very high public only those portions of the report and pursuant to the cited regulation, the valued ware (533.33 to 533.36, and 533.38 that do not contain such information. surrender of the license is hereby ac cepted and all rights, privileges, and the (part)); (4) china mugs and miscel Copies of the public report (TC Pub franchises derived therefrom are laneous articles (533.71); and (5) china lication 466), which contain statements canceled. nondinnerware articles of low and me of the reasons for the Commissioners’ dium value (533.73 and 533.75). The findings, will be released as soon as possi Dated: February 18, 1972. ble. Copies will be available upon request A. H. S inger, as long as the supply lasts. Requests 1 The term "norm” means a specified set should be addressed to the Secretary, Associate Administrator made up of the 77 pieces listed in the head- for Investment. notes to the Tariff Schedules of the United U.S. Tariff Commission, Eighth and E Streets NW., Washington, DC 20436. [FR Doc.72-2902 Filed 2-25-72;8:50 am] States. The value per norm shown above represents the aggregate value of the 77 The present rates of duty and the in pieces in the country of manufacture. The creased rates of duty found by the Com TJ.S. retail price of imported earthen dinner- ware valued for duty purposes at between missioners making an affirmative deter TARIFF COMMISSION $12 and $22 per norm would range from mination for each of the categories of CERAMIC ARTICLES approximately $25 to $50 for a 45-piece set. articles concerned are as follows: Report to the President TSUS item Brief description Present rate Proposed rate F ebuary 22,1972. Earthenware industry found seriously Earthenware: injured. 533.28 (part)------Dinnerware, over $12 but 6 cents per dozen pieces plus 10 cents per dozen pieces plus not over $22 per norm. 10.5 percent ad vai. 21 percent ad vaL The Tariff Commission today reported N ondinner ware: to the President the results of its in 533.31------Mugs, steins, etc------5 cents per dozen pieces, plus 10 cents per dozen pieces plus 12.5 percent ad val. 25 percent ad val. vestigation (TEA-I-22) under the Trade Other: Expansion Act of 1962 of a petition for 633.33...... Low-valued ware...... do...... Do. an increase in import restrictions on 533.35------Medium-valued ware...... 10 cents per dozen pieces plus 1 0 cents per dozen pieces plus 40 percent ad vai. earthen and china table and kitchen 533.36 ______do...... 10 cents per dozen pieces plus articles. . 22 percent ad val. 533.38 (part)------Part of high valued ware . 5 cents per dozen pieces plus Do. The Commission found, by majority . 11 percent ad vai. vote, that the domestic industry produc Chinaware: Nondinnerware: ing earthen table and kitchen articles 533.71 Mugs, steins, etc...... 22.5 percent ad val. 46 percent ad val. is being seriously injured by increased Other: imports resulting from trade-agreement 533.73 Low-valued ware------. . . 5 cents per dozen pieces plus 10 cents per dozen pieces plus , 22.5 percent ad val. 45 percent ad val. concessions on certain of the articles oad.7o------Medium-valued ware..___5 cents per dozen pieces plus 10 cents per dozen pieces plus concerned. Further, a majority of the 30 percent ad val. 60 percent ad val. Conmiission found that the rates of duty on imports of those articles should be i Cups valued over $1.70 but not over $3.10 per dozen; saucers valued over $0.96 but not over $1.75 per dozen; platei increased approximately 90 percent, notover 9 inches in maximum diameter valued over $1.55 but not over $2.86 per dozen; plates over 9but not over 1) inches m maximum diameter valued over $2.65 but not over $4.85 per dozen; and other articles valued over $3.40 bui which would establish the same rates of not over $6.20 per dozen. duty which were in effect in 1967 prior to the so-called Kennedy Round reduc By order of tiie Commission. tions. Chairman Bedell, Vice Chairman .Parker, and Commissioners Moore and [SEAL] K enneth R . M ason, Young constituted the majority; Com Secretary. [FR Doc.72-2811 Filed 2-25-72,8:45 am] FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 4126 NOTICES ASSIGNMENT OF HEARINGS sentative: Bert Collins, 140 Cedar Street, New York, N.Y. Authority sought to INTERSTATE COMMERCE Correction operate as a common carrier, by motor In F.R. Doc. 72-2536 appearing at vehicle, over irregular routes, transport COMMISSION page 3717 in the issue of Friday, Feb ing: Cans and can ends, from Hillside, ASSIGNMENT OF HEARINGS ruary 18,1972, the text of the final three Jersey City, Edison Township, N.J., to paragraphs, the signature, and the file Lynbrookj Farmingdale, Long Island, F ebruary 23, 1972. line were inadvertently printed in the Pelham Manor and Tuckahoe, N.Y., for Cases assigned for hearing, postpone first column of page 3718 and should be American Can Co., for 180 days. Support ment, cancellation, or oral argument ap transferred to appear in the third col ing shipper: American Can Co., Ameri pear below and will be published only umn of page 3717 following the text of can Lane, Greenwich, Conn. 06830. Send once. This list contains prospective as MC 117940; the text of MC 1515 and protests to: Robert S. H. Vance, District signments only and does not include MC 127372 should be transferred to ap Supervisor, Interstate Commerce Com cases previously assigned hearing dates. pear under the “Motor Carriers of Prop mission, Bureau of Operations, 970 The hearings will be on the issues as erty” heading in the first column of page Broad Street, Newark, N J 07102. presently reflected in the Official Docket 3718. No. MC 51146 (Sub-No. 257 TA), filed of the Commission. Ah attempt will be February 9, 1972. Applicant: SCH made to publish notices of cancellation [Notice 22] NEIDER TRANSPORT, INC., 2661 South of hearings as promptly as possible, but Broadway, Post Office Box 2298, Green interested parties should take appropri MOTOR CARRIER TEMPORARY Bay, WI 54306. Applicant’s representa ate steps to insure that they are notified AUTHORITY APPLICATIONS tive: D. F. Martin (same address as of cancellation or postponements of Correction above). Authority sought to operate as a comomn carrier, by motor vehicle, over hearings in which they are interested. In F.R. Doc. 72-2534 appearing at page irregular routes, transporting: Empty MC 135993, K & T Air Freight, Inc., now 3717 in the issue of Friday, February 18, metal containers and metal container being assigned hearing April 24, 1972, at 1972, the text of MC 1515 and MC 127372 ends, from LaPorte, Ind., to Franken- T.«.rising, Mich., in a hearing room to be were inadvertently printed in the third muth, Mich., for 180 days. Supporting designated later. column of page 3717 and should be trans MC 61592 Sub 219, Jenkins Truck Line, now shipper: National Can Corp., 5959 South assigned February 24, 1972, at Salt Lake ferred to replace the material following Cicero Avenue, Chicago, IL 60638 (Jo City, Utah, canceled and application the “Motor Carriers of Property” head seph L. Rich, Eastern Region Traffic dismissed. ing in the first column of page 3718; the Manager). Send protests to: District MC 107515 Sub 759, Refrigerated Transport, text, signature, and file line now appear Supervisor Lyle D. Heifer, Interstate now assigned March 6, 1972, - at Dallas^ ing under that heading should be trans Commerce Commission, Bureau of Tex., postponed indefinitely. ferred to the third column of page 3717 Operations, 135 West Wells Street, Room MC 135772, Barrett Transfer & Storage Co., to follow the text of MC 117940. assigned for hearing April 24, 1972, at 807, Milwaukee, WI 53203. Seattle, Wash., in a hearing room to be No. MC 117686 (Sub-No. 131 TA) , filed later designated. [Notice 28] February 9, 1972. Applicant: HIRSCH- MC 61592 Sub 233, Jenkins Truck Line, Inc., BACH MOTOR LINES, INC., 3324 U.S. assigned March 6, 1972, MC 124174 Sub MOTOR CARRIER TEMPORARY 85, Momsen Trucking Co., assigned Highway 75 North, Post Office Box 417, March 13, 1972, and MC 135960, Jacob AUTHORITY APPLICATIONS Sioux City, IA 51102. Authority sought Sackett, doing business as Fleetwood Ski F ebruary 22, 1972. to operate as a common carrier, by motor & Sports Club, assigned March 8, 1972, at vehicle, over irregular routes, transport Chicago, 111., will be in Room 1992, Everett The following are notices of filing of ing: Bananas and coconjits, plantains, McKinley Dirksen Building, 219 South applications for temporary authority pineapples, and other agricultural com Dearborn Street. under section 210a(a) of the Interstate modities exempt from economic regula MC 61592 Sub 232, Jenkins Truck Line, Inc., Commerce Act provided for under the assigned March 7, 1972, and MC 113678 tion under section 203(b)(6) of the-In- new rules of Ex Parte No. MC-67, (49 terstate Commerce Act, when trans Sub 434, Curtis, Inc., assigned March 15, CFR Part 1131) published in the F ederal 1972, at Chicago, Ili., will be held in Room ported in mixed loads with bananas, from 1614, U.S. Court of Claims, Everett Mc R egister, issue of April 27,1965, effective Tampa, Fla., to points in Iowa, Kansas, Kinley Dirksen Building, 219 South Dear July 1, 1965. These rules provide that Minnesota, Missouri, Nebraska, North born Street. protests to the granting of an applica Dakota, and South Dakota, for 180 days. MC 74361 Sub 9, Bob Mendenhall, doing tion must be filed with the field official Supporting shipper: West Indies Fruit business as Oklahoma Border Express, as named in the F ederal R egister publica signed for hearing April 24, 1972, at Okla Co., Post Office Box 1940, Miami, FL tion, within 15 calendar days after the 33101. Send protests to: Carroll Russell, homa City, Okla., in a hearing room to be date of notice of the filing of the appli later designated. District Supervisor, Interstate Com MC 99565 Sub 10, Fore Way Express, Inc., cation is published in the F ederal R egis merce Commission, Bureau of Opera assigned for hearing April 24, 1972, at ter. One copy of such protests must be tions, 711 Federal Office Building, Madison, Wis., in a hearing room to be served on the applicant, or its authorized Omaha, Nebr. 68102. later designated. representative, if any, and the protests MC 98952 Sub 25, General Transfer, now must certify that such service has been No. MC 119493 (Sub-No. 90 TA), filed being assigned hearing April 24, 1972, at made. The protests must be specific as February 7, 1972. Applicant: MONKEM Indianapolis, Ind., in a hearing room to to the service which such protestant can COMPANY, INC., West 20th Street Road, be designated later. and will offer, and must consist of a Post Office Box 1196, Joplin, MO 64801. MC 111375 Sub 57, Pirkle Refrigerated Authority sought to operate as a com Freight Lines, Inc., assigned for hearing signed original and six (6) copies. on May 8, 1972, at Milwaukee, Wis., in a A copy of the application is on file, and mon carrier, by motor vehicle, over ir hearing room to be later designated. can be examined at the Office of the regular routes, transporting: Dry MC 61592 Sub 216, Jenkins Truck Line, Secretary, Interstate Commerce Com fertilizer and dry fertilizer materials, Inc., assigned for hearing May 3, 1972, at mission, Washington, D.C., and also in from Springfield, Mo., to points' in Chicago, HI., in a hearing room to be Arkansas, Kansas, and Oklahoma, for later designated. field office to which protests are to be 180 days. Supporting shipper: Will- MC 135334, Lilliam Koppel, doing business transmitted. chemco, Inc., National Bank of Tulsa as USA Driveaway, assigned for hearing M otor Carriers of P roperty Building, Tulsa, Okla. 74103. Send pro May 1, 1972, at Chicago, 111., in a hearing tests to: John V. Barry, District Super room to be later designated. No. MC 1756 (Sub-No. 20 TA), filed visor, Interstate Commerce Commission, [ seal] R obert L. Oswald, February 9, 1972. Applicant: PEOPLES Bureau of Operations, 1100 Commerce N Secretary. EXPRESS CO., 497 Raymond Boulevard, Office Building, 911 Walnut Street, [FR Doc.72-2945 Filed 2-25-72;8:54 am] Newark, NJ 07105. Applicant’s repre-< Kansas City, MO 64106. FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 NOTICES 4127 No. MC 125441 (Sub-No. 4 TA), filed Interstate Commerce Commission, Box merce Act, and rules and regulations December 27, 1971. Applicant: ERNEST 35008, 400 West Bay Street, Jacksonville, prescribed thereunder (49 CFR Part D’ANGELO, Main Street, Reserve Mines, FL 32202. 1132), appear below: Cape Breton, Nova Scotia, Canada. Ap As provided in the Commission’s No. MC 133065 (Sub-No. 11 TA ), filed special rules of practice any interested plicant’s representative: Kennth B. Wil February 9, 1972. Applicant: GERALD liams, 111 State Street,, Boston, MA person may file a petition seeking re ECKLEY, doing business as ECKLEY consideration of the following numbered 02109. Authority sought to operate as a TRUCKING AND LEASING, Post Office common carrier, by motor vehicle, over proceedings within 20 days from the date Box 156, Mead, NE 68041. Applicant’s of publication of this notice. Pursuant irregular routes, transporting: Bananas, representative: Ackley & Peterson, Post from Albany, N.Y., to points on the in to section 17(8) of the Interstate Com Office Box 80806, Lincoln, NE 68501. Au merce Act, the filing of such a petition ternational boundary between the thority sought to operate as a contract United States and Canada at or near will, postpone the effective date of the carrier, by motor vehicle, over irregular order in that proceeding pending its Houlton and Calais, Maine, restricted to routes, transporting: Bar mesh, fertilizer' shipments destined to points in Canada, disposition. The matters relied upon by wagons and spreaders, and related parts, petitioners must be specified in their peti for 180 days. Supporting shipper: Chi- from the plantsite and storage facilities quita Brands, Inc., 1250 Broadway, of the Behlen Manufacturing Co. at or tions with particularity. New York, NY 10001. Send protests to: near Columbus, Nebr., to points in the No. MC-FC-73152. By order of Feb Donald G. Weiler, District Supervisor, United States (except Alaska, Hawaii, ruary 14, 1972, the Motor Carrier Board Interstate Commerce Commission, and Nebraska), under continuing con approved the transfer to Berry Van Bureau of Operations, Room 307, 76 tract with Behlen Manufacturing Co., Lines, Inc., 747 North Dupont Highway, Pearl Street, Portland, ME 04112. for 180 days. Supporting shipper: James Dover, DE 19901 of that portion of the No. MC 128857 (Sub-No. 4 TA), filed E. Weldon, Transportation Manager, operating rights in Certificate No. MC- February 7, 1972. Applicant: G. L. G IB Behlen Manufacturing Co., Columbus, 133536 (Sub-No. 2), issued December 1, BONS, doing business as GIBBONS Nebr. 68601. Send protests to: Max H. Johnston, District Supervisor, Interstate 1969, to Dover Moving & Storage, Inc., TRUCKING SERVICE, Post Office Box 753 North Dupont Highway, Dover, DE 5861, Tucson, AZ 85703. Office: 11601 Commerce Commission, Bureau of Oper North Cosa Grande Highway, Rillito, ations, 320 Federal Building and Court 19901, authorizing the transportation of AZ 85264. Applicant’s representative: A. house, Lincoln, Nebr. 68508. general commodities, with exceptions, Michael Bernstein, 1327 United Bank No. MC 133095 (Sub-No. 22 TA), filed from Baltimore, Md., and Philadelphia, Building, Phoenix, Ariz. 85012. Authority February 9, 1972. Applicant: TEXAS- Pa., to Dover, Wyoming, and George sought to operate as a common carrier, CONTINENTAL EXPRESS, INC., Post town, Del., and from points in Pennsyl by motor vehicle, over irregular routes, Office Box 434, 2603 West Euless Boule transporting: Fly ash, in bulk, from the vania, Maryland, and the District of vard, Euless, TX 76039. Applicant’s Columbia within 90 miles of Wyoming, site of the Southern California Edison representative: Rocky Moore (same ad Power Plant at the south tip of Nevada to dress as above). Authority sought to Del., to Wyoming, Del., agricultural points in Arizona, for 180 days. Support operate as a common carrier, by motor commodities, from points in Kent and ing shipper: Associated Southern Invest vehicle, over irregular routes, transport Sussex Counties, Del., and Allen, Md., to ment Co., 100 Long Beach Boulevard, ing: Candy and confectionery, from Baltimore, Md., Newark, N.J., Philadel Long Beach, CA 90802. Send protests to: Boston, Mass., and West Reading, Pa., to Andrew V. Baylor, District Supervisor, phia, Pa., New York, N.Y., and Wash Memphis, Tenn., Little Rock, Ark., Tulsa, ington, D.C.; from points in Kent and Interstate Commerce Commission, Bu Okla., Dallas and Odessa, Tex., and Los reau of Operations, Room 3427 Federal Angeles and San Francisco, Calif., for Sussex Counties, Del., to Baltimore, Md., Building, 230 North First Avenue, Phoe 180 days. Supporting shipper: Schrafft Philadelphia, Pa., and the District of nix, AZ 85025. Candy Co., 529 Main Street, Charlestown Columbia; grain, from points in Kent No. MC 128893 (Sub-No. 1 TA), filed District, Boston, MA 02129. Send protests County, Del, to Philadelphia, Pa., Elli- February 9, 1972. Applicant: SAM W. to: H. C. Morrison, Sr., Transportation cott City, and Baltimore, Md.; and CARROLL, doing business as CARROLL Specialist, Interstate Commerce Commis canned goods, apple butter, ketchup, TRUCKING, Rural Route 1, Box 1018, sion, Bureau of Operations, Room 9A27 Umatilla, FL 32784. Authority sought to pickles, vinegar, lumber, shingles, coal, operate as a contract carrier, by motor Federal Building, 819 Taylor Street, Fort tomato plants, empty cartons, concrete vehicle, over irregular routes, transport Worth, T X 76102. pipe and machinery, insecticides and ing: Glass bottles or jars and honey By the Commission. spray materials, fertilizer, and radio when in mixed shipments with glass bot [ seal] R obert L. Oswald, cabinets, from specified points in Dela tles or jars, from the plantsite or storage ware, North Carolina, Virginia, Pennsyl facilities of Kerr Glass Co. at Plainfield, Secretary. HI., to the plantsite or storage facilities [PR Doc.72-2944 Filed 2-25-72;8:54 am] vania, Georgia, New Jersey, Maryland, of Sioux Honey Association at or near and the District of Columbia, to specified Waycross, Ga., and Temple, Tex., under points and areas in Delaware, Virginia, [Notice 21] continuing contract or contracts with Maryland, New York, New Jersey, Penn Sioux Honey Association, for 180 days. MOTOR CARRIER TRANSFER sylvania, and the District of Columbia. Supporting shipper: Sioux Honey Asso . PROCEEDINGS ciation, Post Office Box 1107, Sioux City, [ seal] R obert L. Oswald, IA. Send protests to: District Supervisor Synopses of orders entered pursuant Secretary. G. H. Fauss, Jr., Bureau of Operations, to Section 212(b) of the Interstate Com [PR Doc. 72-2943 Filed 2-25-72;8:54 am] FEDERAL REGISTER, VOL. 37, NO. 39— SATURDAY, FEBRUARY 26, 1972 No. 39- 4128 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— FEBRUARY 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 February. 1 CFR p*e* 7 CFR **** 7 CFR—Continued Page Appendix B ______3983 7______3349 1127 ______- ______.__ 2941 51______2745 1128 ______2941 3 CFR 53______- ______2745 1129—_____ 2942 P roclamations : 58______4069 1130 ______—______2942 501 ______2423 1131 ______2942 2032 (see PLO 5158)______3058 1132 ______2942 2372 (see PLO 5158)______3058 502 ______2424 701—______2833 1133 ______2943 2761A (see Proc. 4102)______2417 1134 ______2943 2929 (see Proc. 4102)— ------2417 706______2491 722—_____ 3171, 3420 1136 ______2943 I 3140 (see Proc. 4102)______— 2417 1137 ______2943 3967 (see Proc. 4102) ______2417 724______2745, 3422, 3507 725______^______3891 1138 ___ 2944 4102 ______2417 1427______3742 4103 ______- _____ 2489 726 ______2496 729______2645, 2765, 3629 1806______; 2879 4104 ______2643 1822 ______3801 4105 ______2831 795—______3049 811____ 2659, 3629 1823 ______2879, 3172 4106—;______s— 2921 1871______2569 4107 ______3165 905 ______2660 906 ______2765, 30491890______3174 4108 ______- 3613 1890i______3172 4109______3615 907 ______2569, 2927, 3507, 3742, 3891 4110 ______3617 908 — 3892 P roposed R u l e s : 4111 __ —______3619 910—1— 2426,'¥7(^, 283^3171, 374_2, 4070 29______3362 4112 ______3621 928—^______- ______2927 51______3363, 3642 981 ______3983 E xecutive Orders: 59______2775,3187 982______—— ______3630 8,1______2778 January 27,1913 (partially re 993______3349 220______4091 voked by PLO 5159)______3184 1001 ______2928 225______3440 5237 (partially revoked by PLO 1002 ______2929 271______3545 5155)______2840 1004______2929 724_____ 3438 5327 (see PLO 5157)______3057 1006 ______2930 726.______2773 7295 (see PLO 5162)______3185 1007 ______2930 729___ —______2774 8592 (see PLO 5162)______3185 1011 ______2930 906____ 3643 11183 (amended by EO 11648) _ 3623 1012 ______2930 908 ______>______4091 11248 (amended by EO 1013 ___ 2931 909 ___ 3366 1 1641)______2421 1015______—______2931 945______2844 11345 (amended by EO 11646) _ 2925 1030______2931 966______2845 11410 (see EO 11648)______3623 1032 ______2932 982______;_ 2515 11568 (see EO 11642)______1565 1033 ______2932 987______2890, 3439 11641______—______2421 1036_____ 2932 991____ 3440 11642—______2565 1040______2932 993______2515, 3644 11643 ______2875 1043 ___ 2933 1001 ______3187 - 11644 ______—______2877 1044 ______2933 1002 ______3187 11645 ______2923 1046______2933 1046______2969 11646 ______'______2925 1049 ______2933 1061______;___ 3536 11647 ______3167 1050 ______2934 1068______,__ _ 3536 11648 ______3623 1060 ______2934 1079______„______3830 11649 ______3625 1061 ______2934 1137______3545 11650 ______3739 1062______'______3631 1421______2844, 3753 P residential Documents Other 1063-______2934 1434______1 ______2775 T han P roclamations and 1064 ______2935 1446______2844 E xecutive Orders: 1065 ______2497, 2935 1464______3439 I Memorandum of January 27, 1068 ______2935 1481______1______2890 1972______2567 1069 ______2935 1701______2846, 3546 Memorandum of February 9, 1070 ______2936 1972______3627 1071 ______2936 8 CFR 1073______2936 5 CFR 1075 ______2936 100______— 3744 214______2766 213______—1076 2423, ______— 2937 1078 ______2937 238______2766, 3744 2491, 2841, 2842, 2879, 3049, 3741, 332______2767 3801, 4069 1079 ______2937 1090______t______2937 332d______2767 532______3409 334______“______2767 550______3355 1094______— _ 2938, 2944 1096 ______2938 334a______2767 P roposed R ules : 1097 ______—„__ 2938 339______2767 900____ 2589 1098 ______2938 341 ______2767 1099 ______- ______— 2939 342 ______2767 6 CFR 1101_____ 2939 101.______2491, 2678, 3913 1102— ______2939 9 CFR 102______2478 1103 __ 2939 11 ______2426 200 ______2479 1104 ______2940 51______3507 201 ______3357 1106______2940 73______2945 300 ______2842, 3410, 3827, 3828, 3913 1108______.«______2940 76_____ 3660 301 ______3828, 3829 1120______2940 82 —I I I —I I ___ 2429, 2498, 3050, 4070 305______—______3915 1124 ______2940 97— ______2430, 3410 311______—_ 2480 1125 ______2941 113______2430 401______3741 1126 ______I 2941 204— ____ 3631 FEDERAL REGISTER 4129 9 CFR— Continued Page 15 CFR **** 21 CFR—Continued Page 301______2661 377______¿430 135c------3178, 3426 311------2661 386____ 3175 135e______2960, 2961, 3633 315______2661 390— ______3511 141c_—______2665 317---- 4070 602_____ 3892 141d______3178 Proposed R u l e s : 701______3892 144______2960 P roposed R u l e s : 146a______2665, 3178, 3426 316 ______-______—— 2779 146c______2665 317 ---- 2779 7______2846 500______3726 146d______3178 610______: ______3644 146e__------2665, 3179, 3426 10 CFR 148i______3179 20------3985 16 CFR 148n______2665 30------3985 149a------2438 40_____ 1------3985 13______2575, 2576, 2578-2581," 2953 295__—------3427 P roposed R u l e s : 70______3985 P roposed R u les: 71_._.------3985 302— ______3443 140______« 3423 425______2848 15------3189 17------3189 Proposed R u l e s : 429------3551 432______2454,2849 31_____ 3644 50.______3646 121______3060, 3366 17 CFR 130_____ 2969 12 CFR 135------~______2444, 4095 1____------3802 191------j_;______•______3645 556— ------______3987 241------3030 563— ______3508 P roposed R u l e s : 22 CFR 701-______2946, 3174, 3508 230______2596, 2598 41------2439, 3053 Proposed R u l e s : 239______2596, 2598 P roposed R u l e s: 207______^ 4097 240— ______3059, 3446, 3992 Ch. v m ______3870 220______4097 249______— 3992 221— ____ 4097 24 CFR 225— _____ 4098 18 CFR 529______. 2502, 2954 43------3633 2447 110------3429 545______._ 3549 P roposed R ules 750______2594 235------3747 101______2451 275------3185 104— ____ —______2451 600__------2665 13 CFR 105______2451 1710------2768 107______3950 141______2451 1911----_------______3350 120______—. 2569 201______3992 1914 ------2505, 2881, 3748, 4079 123__ jr.______2947 204 ______3992 1915 ------2505, 2882, 3749, 4080 205 ______3992 Proposed R u l e s : 260______2451, 3193, 3992 P roposed R u les: 121______3768,3993 235----- ___------______3548 19 CFR 420------* 3546 14 CFR 1 ______4076 10______3896 25 CFR 25 ------3969' 12— ______2430, 2665 221. _ _ _ 2506 37. ------3973 16______39. ___ 3802 ______* ______2498, 21______3423 P roposed R u l e s : 2570, 2662, 2835, 2880, 3409, 3508, 24______3425 43h ______------. _ ____ 2679 3631, 3986 ___ 4077 221 67 ------1______4071 171 V " ------— - — 3060 71. ------2570-2572, P roposed R u l e s : 2835-2837, 2952, 2953, 3050, 3349, 1...... 2443, 4084 26 CFR 3409, 3509, 3631, 3632, 3745, 3746, 4______4084 l ______4072-4075 8______. . . . 4084 12______11 73— ------2499, 2837, 4075, 4076 ______2509 301 ______— 2481, 2506, 3746 75— ______2499 ✓ 23______4084 2500, 2572~2767,3510," 4075,4076 123______4084 P roposed R ules : 93__ — — ------2953 134______2509 1 _ ____ ----- 2773, 3526, 3530 95__ ------2573 161______4084 12______97__ ------2662, 3174, 3510 162______4084 301______121______2500, 3974 221_ ------A______2664 20 CFR 28 CFR 241_ ------2501 404______3425 0 — ------3180 Proposed R u l e s : 614______2434 617______2434 9------2768 45_------2769 61------___—, ------__ 2523 P roposed R ules :- 67------2523 71------__------2524, 405______3492, 4095 29 CFR 620______— _ 2684 2587, 2682, 2683, 3059, 3367, 3341- 511______3343, 3548, 3645^3763, 3764, 4095, ------:_------3430 4096 21 CFR 727______.4------3180 73__. 1904______------2439 ____ 2847 1------3175 1910__ :______, 103_. 2587, 2588 3053, 3431, 3512 3------2503, 3175, 3746 1926______3431, 3512, 3989 121_ 2523, 2684 8------3177, 3896 127— ___ 2523 121------2437, P roposed R u l e s : 159_ ____ 3059 2958-2960, 3177, 3746, 3987, 4077 460______2443,3759 183— 2523 135------2961, 3053, 3426 1245. 1910______3830, 3992 ____ 3918 135b------3053 1926...... ___ 2443 FEDERAL REGISTER 4131 LIST OF FEDERAL REGISTER PAGES AND DATES— FEBRUARY Pages Date Pages Date Pages Date 2411-2482 Feb. 1 2869-2913 Feb. 9 3501-3606 Feb. 17 2483-2557. 2 2915-3041. 10 3607-3732 18 3733-3795 19 2559-2636. 3 3043-3157 11 3797-3884 23 2637-2737. 4 3159-3341 12 3885-3976 24 2739-2823. 5 3343-3401 15 3977-4061 25 2825-2867. 8 3403-3500 16 4063-4131 26 X Public Papers of the Presidents Richard Nixon/1970 o f t h e 1305 Pages/Price: $15.75 United States Contents • Messages to the Congress • Public speeches and letters • The President’s news conferences • Radio and television reports to the American people • Remarks to informal groups Published by Office of the Federal Register National Archives and Records Service General Services Administration Order from Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402 Prior Volumes Volumes covering the administra tions of Presidents Truman, Eisenhower, Kennedy, Johnson, and the first year of President Nixon are available at varying prices from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.