TUESDAY, AUGUST 3, 1971 WASHINGTON, D.C.

Volume 36 ■ Number 149

Pages 14245—14290

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

AMERICAN TRIAL LAWYERS WEEK— Presiden­ tial proclamation------14251 FIREARMS/DESTRUCTIVE DEVICES— IRS revi­ sion of excise tax regulations ...... 14255

WILDERNESS AREAS— Interior Dept, proposal for preservation and management; comments within 30 days...... 14268

CONSTRUCTION INDUSTRY — Interagency Comm, on Construction extension of time for comments on wages and prices proposal to 8-15-71 ...... - ...... 14270

AIRCRAFT OWNERSHIP— FAA proposal on reg­ istration requirement for U.S. citizen transferee; comments by 9 -3 -7 1 ______14271

MOTOR VEHICLE SAFETY— DoT proposal on tire and rim standards for specified vehicles------14273

HISTORIC PLACES— National Park Service changes in National Register------14275

FOOD ADDITIVES— FDA notices of filing of pe­ titions (6 documents) and withdrawal of petition (1 document)...... -..... - 14279, 14280

VETERINARY DRUGS— FDA proposal for revocation of certain anti- botic drug; comments within 30 days...... 14270 FDA notice of opportunity for hearing...... 14278 (Continued inside) MICROFILM EDITION FEDERAL REGISTER 35mm MICROFILM

Complete Set 1936-70,189 Rolls $1,342

Voi. Year Price Voi. Year Price Voi. Year Price

1 1936 $7 13 1948 $28 25 1960 $49 2 1937 12 14 1949 22 26 1961 44 3 1938 8 15 1950 28 27 1962 46 4 1939 14 16 1951 44 28 1963 50 5 1940 14 17 1952 41 29 1964 54 6 1941 21 18 1953 30 30 1965 58 7 1942 37 19 1954 37 31 1966 60 8 1943 53 20 1955 41 32 1967 69 9 1944 42 21 1956 42 33 1968 55 10 1945 47 22 1957 41 34 1969 62 11 1946 47 23 1958 41 35 1970 59 12 1947 24 24 1959 42

Order Microfilm Edition from Publications Sales Branch National Archives and Records Service Washington, D.C. 20408

Published dally, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDERALMREGISTER on the day after an official Federal holiday), by the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. 20408, Phone 962-8626 Area Code 202 ' {/AilTFO » » 9¿OK 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 Federal Register will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code op Federal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first Federal Register issue of each month. There are no restrictions on the republication of material appearing in the Federal Register or the Code of Federal Regulations. HIGHLIGHTS— Continued

FDA notice of opportunity for hearing on pro­ new d r u g s — posed withdrawal; comments within 30 days.. 14277 FDA notice of withdrawal of approval of cer­ tain antifungal drugs, tranquilizers and AIR CARGO RATES— CAB notice of approval of ophthalmic drugs (3 documents) ...... 14276 IATA agreement------14281 FDA notices of efficacy studies on methylpheni- ENVIRONMENT— TVA notice of hearings on Duck date hydrochloride parenteral and streptomy­ River Project, Tennessee, 8-24—71; comments . cin sulphate (2 documents) 14278 by 8 -1 3 -7 1 ______14289

C o n te n ts

Proposed Rule Making FEDERAL REGISTER THE PRESIDENT Fresh prunes grown in designated ADMINISTRATIVE COMMITTEE counties in Idaho and Malheur proclamation County, Oreg.; approval of ex­ CFR checklist_— ------14253 American Trial Lawyers Week— 14251 penses and fixing of rate of assessment for 1971-72 fiscal FEDERAL RESERVE SYSTEM period______14269 EXECUTIVE AGENCIES Milk in Chicago regional and cer­ Notices AGRICULTURE DEPARTMENT tain other marketing areas; Applications for approval of ac­ extension of time for filing quisition of shares of bank; See Consumer and Marketing exceptions to recommended Affiliated Bankshares of Colo­ Service. ■ decision______14270 rado, Inc_____ ;___ >------14283 AIR FORCE DEPARTMENT First Security National Corp— 14283 DEFENSE DEPARTMENT Galbank, Inc_—_----- —------14284 Rules and Regulations See Air Force Department. Mid America Bancorporation, Entertainers and entertainment In c______14284 programs in overseas areas; de- Northwest Bancorporation------14285 letion of regulations------14266 FEDERAL AVIATION Scout/sentry dogs; deletion of ADMINISTRATION Security Corp------14285 , regulations______14266 United Carolina Bankshares Rules and Regulations C o rp ______14285 ATOMIC ENERGY COMMISSION Special use airspace; designation United States National Bank- of temporary restricted area— 14255 shares, Inc------14286 Notices Transition area; designation------14254 First Virginia Bankshares Corp.; Minnesota Mining and Manufac­ Proposed Rule Making approval of acquisition of bank turing Co.; issuance of byprod­ stock by bank holding company. 14284 uct material license______- — 14280 Transition areas; designation (3 documents)------14272 CIVIL AERONAUTICS BOARD U.S. registered aircraft; notice of FEDERAL TRADE COMMISSION ownership by transferee------14271 Notices Notices Field stations; statement of orga­ Hearings, etc.: FEDERAL HOME LOAN BANK Air West— . ______14280 nization ____ ;------r.------14286 International Air Transport BOARD Association______14281 Notices FISH AND WILDLIFE SERVICE Outagamie County, Wis., et al— 14281 Trans-Coast Investment Co.; re­ Rules and Regulations ceipt of application for approval Hunting in certain wildlife refuge CONSUMER AND MARKETING of acquisition of control of Inde­ areas: SERVICE pendent Savings and Loan Association------14281 Brigantine National Wildlife Rules and Regulations Refuge, N.J------14267 Grapefruit grown in Arizona and FEDERAL POWER COMMISSION Erie National Wildlife Refuge, designated part of California; P a ______- ______14267 increase in expenses 1970-71 Notices fiscal year______14254 Hearings, etc.: Proposed Rule Making Oranges and grapefruit grown in Mobil Oil Corp------14282 Wilderness preservation and man­ lower Rio Grande Valley in North Penn Gas Co------— 14282 agement ______- — 14268 Texas; container, pack, and Transcontinental Gas Pipe Line container marking regulations. 14253 C o rp ______14282 (Continued, on next page) 14247 14248 CONTENTS

FOOD AND DRUG INDIAN AFFAIRS BUREAU NATIONAL PARK SERVICE ADMINISTRATION Rules and Regulations Rules and Regulations Rules and Regulations Contracting Officer positions; des­ Whiskeytown Unit, Whiskeytown- Certification of true copies and use ignation ______14267 Shasta-Trinity National Recre­ of departmental seal; delegation ation Area; water sanitation of authority------.------14255 INTERIOR DEPARTMENT regulations______14267 Notices Proposed Rule Making See Fish and Wildlife Service; National Register of Historic Chlortetracycline hydrochloride Indian Affairs Bureau; National Park Service; R ecla m a tion Places; additions, deletions or . powder topical veterinary; pro­ corrections______.____ 14275 posed revocations______14270 Bureau. Notices INTERNAL REVENUE SERVICE RECLAMATION BUREAU Drugs for human use; drug effi­ Notices cacy study implementation: Rules and Regulations Tar ghee National Forest, Idaho; Methylphenidate hydrochloride Machine guns, destructive devices, transfer of administrative juris­ parental______14278 and certain other firearms; re­ diction of land as Island Park Streptomycin sulfate for paren­ vision of excise tax regulations. 14255 Reservoir______14275 teral use______14278 Food additive petitions : INTERSTATE COMMERCE SECURITIES AND EXCHANGE American Potato Co— I------14279 American Viscose Division, FMC COMMISSION COMMISSION Corp. (2 documents)______14279 Notices Notices Goodyear Tire & Rubber Co----- 14279 Assignment of hearings------14290 Hearings, etc.: Patterson, C. J„ Co------14279 Kimberly-Clark Corp______14286 Standard Oil Company of Cali­ Certain railroads; rerouting or diversion of traffic______14290 Massachusetts Investors Growth fornia ______14279 Stock Fund, Inc______14287 Uniroyal Chemical------14280 National equipment interchange agreement; application for ap­ Northern Growth Fund of the Hess and Clark; cadmium anthra- Northern Trust Co______14287 nilate; opportunity for hearing- 14278 proval of amendments______14289 Trans-service rate conference; Northern Investment Fund of New drug applications; with­ the Northern Trust Co_____ 14288 drawal of approval: application for approval of agreement______1______14290 Northern Municipal Bond Fund American Cynamide Co. et al_ 14276 of the Northern Trust Co__— 14288 Broemmel Pharmaceuticals___ 14276 JUSTICE DEPARTMENT Kahlenberg Laboratories, Inc. SMALL BUSINESS et al______'______„1 4 2 7 6 See Immigration and Naturaliza­ Merrill, William S., et al______14277 tion Service. ADMINISTRATION Notices LABOR DEPARTMENT HEALTH, EDUCATION, AND General Capital Investment Corp.; WELFARE DEPARTMENT Proposed Rule Making license surrender______14289 See also Food and Drug Admin­ Interagency Committee on Con­ istration; Social Security Ad­ struction; stabilization of prices SOCIAL SECURITY ministration. and compensation; extension of ADMINISTRATION time for filing of comments____ 14270 Proposed Rule Making Notices Educational institutions in the NATIONAL HIGHWAY TRAFFIC Deputy Commissioner et al.; dele­ U.S.; research contracts_____ 14270 gation of authority to issue SAFETY ADMINISTRATION subpenas; correction______14280 Notices Proposed Rule Making Food and Drug Administration; Tire and rim selection and rim TENNESSEE VALLEY statement of organization, func­ performance; proposed motor AUTHORITY tions, and delegations of author­ vehicle safèty standard______14273 ity ____ 14280 Notices Health Services and Mental Health Proposed Duck River Project; Administration; statement of public hearing regarding envi­ organization, functions, and ronmental considerations_____ 14289 delegations of authority______14280 TRANSPORTATION DEPARTMENT IMMIGRATION AND See Federal Aviation Administra­ NATURALIZATION SERVICE tion; National Highway Traffic Safety Administration. Rules and Regulations Nonimmigrant classes; nonimmi­ TREASURY DEPARTMENT grants; correction______14254 See Internal Revenue Service. CONTENTS 14249 List of CFR Parts Affected

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected# covering the current month to date# appears following the Notices section of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1971, and specifies how they are affected.

3 CFR 21 CFR 32 CFR Proclamation : 2______14255 830 ______14266 4070______— 14251 P roposed R ules: 831 ______14266 146c______14270 930a______14266 7 CFR 906___ 14253 26 CFR 36 CFR 909______14254 179___ 14255 7 „ '______14267 Proposed Rules: 925— ______14269 29 CFR 41 CFR 1030______14270 P roposed R ules: 1032______—------14270 10______14270 14H-1______14267 1046------14270 1049 ______14270 P roposed R ules: 1050 ______14270 3-4______14270 1062______14270 1099______— — 14270 49 CFR

8 CFR P roposed R ules: 214______14254 571______14273 14 CFR 71 _____ 14254 50 CFR 73______14255 32 (2 documents)______14267 Proposed Rules: P roposed R ules: 47______14271 71 (3 documents)______:------14272 35______14268

Presidential Documents

Title 3—The President

PROCLAMATION 4070 American Trial Lawyers Week

By the President of the United States of America

A Proclamation

The idea of a fair trial, a legal scholar has observed, “ has been the greatest contribution made to civilization by our Anglo-American polity.” For twenty-five years, the members of the American Trial Lawyers Association have sought to translate this noble inspiration into an every­ day reality for those whose disputes and grievances must be settled in a court of law. Through the adversary process, these lawyers have now established a long and proud tradition and have shown that the methods and values of the trial advocate may serve as a model for the just resolution of disputes among men. Their continuing commitment to fair and orderly trials has become an essential part of the administration of justice in America. In honor of the American Trial Lawyers Association on the occasion of its twenty-fifth anniversary, the Congress, by House Joint Resolution 714, has designated the week beginning August 1, 1971, as American Trial Lawyers Week and has requested the President to encourage appropriate observance of that week.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby call upon each American, during American Trial Lawyers Week, to renew his commitment to enhance the administration of justice for the public good; and I direct the appropriate Government officials to display the flag of the United States on all public buildings on Monday, August 2, 1971.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of July, in the year of our Lord nineteen hundred seventy-one, and of the Independence of the United States of America the one hundred ninety-sixth.

[FR Doc.71-11177 Filed 8-2-71;8:58 am]

FEDERAL REGISTER, V O L 36, NO. 149— TUESDAY, AUGUST 3, 1971

14253

Rules and Regulations

Title Price Title Price Title 1— GENERAL PROVISIONS 11 [Reserved] 34 [Reserved] 12 Parts: 35 __ 1.75 Chapter I— Administrative Committee 1-299 ------2. 50 36 __ — ______1-25 of the Federal Register 300-end ______2.50 37 ______-70 13 ______- ______1-25 38 ------3. 50 CFR CHECKLIST 14 Parts: 39 ______3.25 This checklist, arranged in order of 1-59______3. 00 40 [Reserved] 60-199 ______2. 75 41 Chapters: titles, shows the issuance date and price 1 -2 ______2. 75 of current bound volumes of the Code of 200-end------3. 00 Federal Regulations, The rate for sub­ 15 ______— 175 3 -5 D ______1.75 scription service to all revised volumes 16 Parts: 6-17 ______:____ 3. 50 issued as of January 1, 1971, is $175 do­ 0- 149______3. 00 18 „ ______3. 25 mestic, $45 additional for foreign mail­ 150-end ______2.00 19- 100 ______- 1. 00 ing. The subscription price for revised 17 ______2.75 101-end ______2. 00 volumes to be issued as of January 1, 18 Parts: 42 ______1.75 1972, will be $195 domestic, $50 addi­ 1- 149______2. 00 43 Parts : tional for foreign mailing. 150-end ______2.00 1-999 ______1. 50 Order from Superintehdent of Docu­ 19 ______2. 50 1000-end ______2. 75 ments, Government printing Office, 20 Parts: 44 ______. 40 Washington, D.C. 20402. 01-399 ______1. 25 45 Parts : 400-end ______3.00 1-999 ______2. 00 CFR unit (Rev. as of Jan. 1, 1971): 21 Parts: 200-end ______2.00 Title P rice 1- 119______— 1. 75 46 Parts : 1 ______$1.00 120-129 1.75 1-65______2. 75 2-3 . ______2. 50 130-146e______2. 75 66-145 ______2. 75 3 1936-1938 Compilation------6.00 147-end ______1.50 146-149 ______3. 75 1938-1943 Compilation---- 9. 00 22 ______- ______1. 75 150-199 ______2. 75 1943-1948 Compilation---- 7. 00 23 ______. 50 200-en d ___ ;______3. 00 1949-1953 Compilation___ 7. 00 24 ______2.75 47 Parts : 1954-1958 Compilation----- 4. 00 25 ______1.75 0- 1 9 ______1. 75 1959-1963 Compilation..— 6. 00 26 parts: 20- 69 ______2. 50 1964-1965 Compilation---- 3. 75 1 (§§1.0-1—1.300) ______3.00 70-79 ______1. 75 1936-1965 Consolidated In­ 1 (§§ 1.301-1.400)______1.00 8 0 -en d ______2. 75 dexes ------3. 50 1 (§§ 1.401-1.500)______1.50 48 [Reserved] 1936-1965 Consolidated Ta­ 1 (§§ 1.501-1.640)______1.25 49 Parts : bles ____ 5. 25 1 <§§ 1.641-1.850)______1.50 1- 199______4. 00 1966 Compilation______*1.00 1 (§§ 1.851-1.1200)______2.00 200-999 ______1. 75 1967 Compilation______1. 00 1 (§§ 1.1201-end)______3.25 1000-1199 ______1. 25 1968 Compilation. ______. 75 2- 29 ______:______1. 25 1200-1299 ______3. 00 1969 Compilation______1. 00 30-39 ______1. 25 1300-end ______1.00 1970 Compilation______1. 00 40-169 ______2. 50 50 ______L______1.25 4 ____— ______.50 170-299 ______3. 50 General Index______1. 50 5 ______1.75 300-499 ______1.50 List of Sections Affected, 1949- 6 [Reserved] 500-599 ______1. 75 1963 (Compilation)______6. 75 7 Parts: 600-end ______. 60 0-45______2. 75 27 ______.45 46-51______1. 75 28 ______.75 52______3. 00 29 Parts: Title 7— AGRICULTURE 53-209 ______3. 00 0- 499 ______1.50 210-699 ______2. 00 500-899 ______3. 00 Chapter IX— Consumer and Market­ 700-749 ______2. 00 900-end ______1.50 30 ______2.00 ing Service (Marketing Agreements 750-899 ____ 1. 25 and Orders; Fruits, Vegetables, 900-944 ______1. 75 31 ______2.00 945-980 ______1. 00 32 Parts: Nuts), Department of Agriculture 981-999 ______1. 00 1- 8 ______3. 25 [Amdt. 8] 1000-1029 ______1. 25 9-39______2. 00 1030-1059 ______1. 00 40-399 ______3. 00 PART 906— ORANGES AND GRAPE­ 1060-1089 ______1. 25 400-589 ______2. 00 FRUIT GROWN IN THE LOWER RIO 1090-1119 ______1. 25 590-699 ______1. 00 GRANDE VALLEY IN TEXAS 1120-1199 ______1.50 700-799 ______3. 25 1200-1499 ______2. 00 800-999 ______2. 00 Container, Pack, and Container 1500-end_____ 1______2. 50 1000-1399 ______. 75 Marking Regulations 8 ------1.00 1400-1599______1. 50 Findings. (1) Pursuant to the market­ 9 ------2. 00 1600-end ______1.00 ing agreement, as amended, and Order 10 ------1. 75 32A ______1. 25 No. 906, as amended (7 CFR Part 906), 33 Parts: regulating the handling of oranges and 1-199______2. 50 grapefruit grown in the Lower Rio *Out of print. 200-end ______1.75 Grande Valley in Texas, effective under

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 No. 149— —2 14254 RUIES AND REGULATIONS the applicable provisions of the Agricul­ Order. It Is therefore ordered that the the Administrative Committee during the tural Marketing Agreement Act of 1937, provisions of § 906.340 (7 CFR 906.340; period September 1, 1970, through Au­ as amended (7 U.S.C. 601-674), and upon 36 F.R. 143; 5962) are amended as gust 31, 1971, will amount to $122,500. the basis of the recommendations of the follows: * * * * * Texas* Valley Citrus Committee, estab­ Paragraph (a) (1) (iv) is amended to lished under the aforesaid marketing read: It is hereby further found that it is agreement and order, and upon other impracticable and contrary to the pub­ available information, it is hereby found § 906.340 Container, pack, and con­ lic interest to postpone the effective time that the limitation on the handling of tainer marking regulations. hereof until 30 days after publication in Texas citrus fruits, as hereinafter pro­ (a) * * * the F ederal R egister (5 U.S.C. 553) in vided, will tend to effectuate the declared ( 1 ) * * * that (1) said committee in the perform­ policy of the Act. (iv) Bags having a capacity of 5 or 8 ance of its duties and functions is likely (2) The recommendations of the Texas to incur obligations which may be in pounds of fruit: Provided, That hand­ excess of that previously thought likely Valley Citrus Committee reflects its ap­ lers may ship fruit in mesh or woven praisal of the need for restricting the to be incurred, ( 2) the increase in the use of containers and pack sizes to those type bags having a capacity of 18 pounds budget set forth does not involve an in­ most suitable for the packing and han­ of fruit; crease in the rate of assessment hereto­ dling of fruit to promote orderly market­ ***** fore established by the Secretary (35 ing, so as to provide consumers with good (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. F.R. 17653; 36 F.R. 12000), and (3) it is quality fruit and maximize returns to 601-674) essential that the specification of ex­ producers pursuant to the declared policy penses herein provided be issued immedi­ Dated: July 29, 1971, to become effec­ ately so that said committee can meet of the act. The amendment authorizes tive August 2,1971. handlers to continue to ship grapefruit it’s obligations and perform it’s duties and oranges in mesh or women type-bags P aul A . N ic h o l s o n , and functions within the fiscal period in having a capacity of 18 pounds of fruit Deputy Director, Fruit and accordance with said marketing order. after August 1, 1971. Containers of this Vegetable Division, Con­ (Secs. 1—19, 48 Stat. 31, as amended; 7 USC type were authorized for temporary use sumer and Marketing Service. 601-674) during the periods January 1 through [FR Doc.71-11122 Filed 7-30-71; 12:35 pm] Dated: July 28, 1971. March 31, 1971, and April 1 through August 1, 1971, under amendments 6 and P aul A . N icholson, , Deputy Director, Fruit and Veg­ 7, respectively, of § 906.340 (7 CFR 906. PART 909-—GRAPEFRUIT GROWN IN 340; 36 F.R. 143; 5962), while the con­ etable Division, Consumer and tainer’s suitability and effectiveness was ARIZONA AND DESIGNATED PART Marketing Service. OF CALIFORNIA being evaluated under a committee re­ [FR Doc.71-11071 Filed 8-2-71;8:48 am] search project. On the basis of the find­ Increase in Expenses for 1970—71 ings of the research project and other available information, the committee Fiscal Year recommends that mesh or woven type On July 17, 1971, notice of proposed Title 8— ALIENS AND bags having a capacity of 18 pounds of rule making was published in the F ed­ fruit continue to be authorized for the eral R egister (36 F.R. 13272) regard­ shipment of grapefruit and oranges. NATIONALITY ing a proposed increase in expenses for (3) It is hereby further found that it is impracticable, unnecessary, and con­ the fiscal year September 1,1970, through Chapter I— Immigration and Natural­ trary to the public interest to give pre­ August 31, 1971, pursuant to Order No. ization Service, Department of Justice liminary notice, engage in public rule- 909, as amended (7 CFR Part 900; 35 PART 214— NONIMMIGRANT making procedure, and postpone the ef­ F.R. 16637) , regulating the handling of CLASSES fective date of this amendment until 30 Grapefruit grown in Arizona and desig­ days after publication in the F ederal nated parts of California, effective under Nonimmigrants R egister (5 U.S.C. 553) in that (i) the handling of fruit is now in progress and the Agricultural Marketing Agreement Correction to be of maximum benefit the provis­ Act of 1937, as amended (7 U.S.C. 601- In F.R. Doc. 71-10696 appearing on ions of this amendment should be effec­ 674). page 13910 in the issue of Wednesday, tive upon the date hereinafter specified, After consideration of all relevant July 28, 1971, the word “any" appearing (ii) the effective date hereof will not re­ in the 10th line of subparagraph (3a) of quire of handlers any preparation that matters presented, including the pro­ § 214.2(h) under amendment 2 should cannot be completed prior thereto, (iii) posal set forth in such notice which was read “and” . this amendment was recommended by submitted by the Grapefruit Adminis­ members of the Texas Valley Citrus Com- trative Committee (established pursuant mitte in an open meeting at which all in­ to said amended marketing order), it is terested persons were afforded oppor­ Title 14— AERONAUTICS tunity to submit their views, (iv) the hereby found and determined that due time intervening between the date when increased expenses caused by greater AND SPACE information upon which this amendment than anticipated shipments of regulated is based became available and the time fruit, the currently approved expenses Chapter I—-Federal Aviation Adminis­ when this amendment must become ef­ are not sufficient to meet the expenses tration, Department of Transportation fective in order to effectuate the declared of the committee, thus rendering neces­ [Airspace Docket No. 71-SW-20] policy of the act is insufficient, and (v) this amendment relieves restrictions on sary an increase in expenses. PART 71— DESIGNATION OF FEDERAL the handling of oranges and grapefruit It is, therefore, ordered that paragraph AIRWAYS, AREA LOW ROUTES, grown in the Lower Rio Grande Valley in (a) Expenses of § 909.209 (35 F.R. 17653; CONTROLLED AIRSPACE, AND Texas. 36 F.R. 12000) are hereby amended to REPORTING POINTS (4) It is hereby found that the amend­ read as follows: Designation of Transition Area ment hereinafter set forth is in .accord­ § 909.209 Expenses, rale o f assessment, and carryover of unexpended funds. The purpose of this amendment to ance with the provisions of said market­ Part 71 of the Federal Aviation Regula­ ing agreement and order, and will tend to (a) Expenses. The expenses that are tions is to designate a 700-foot transition effectuate the declared policy of the Act. reasonable and likely to be incurred by area at Winnsboro, Tex.

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 RULES AND REGULATIONS 14255

On June 15, 1971, a notice of proposed (Sec. 307(a), 1110, Federal Aviation Act of (vii) Assistant Director for Manage­ 1958, 49 U.S.C. 1348(a), 1510; sec. 6 (c ), De­ rule making was published in the F ed­ ment of the Bureau of Foods, the Di­ partment of Transportation Act, 49 U.S.C. rector and Associate Director of the eral R egister (36 F.R. 11523) stating 1655(c)) the Federal Aviation Administration Office of Compliance of that Bureau, the proposed to designate the Winnsboro, Issued in Washington, D.C., on July Director of the Division of Regulatory Tex., transition area. 27,1971. Guidance of that Office and Bureau, and Interested persons were afforded an H. B. H elstrom, the Director of the Division of Food Serv­ opportunity to participate in the rule Chief, Airspace and Air ice and Milk Sanitation of the Office of making through submission of com­ Traffi.ce Rules Division. Food Sanitation of that Bureau. ments. All comments received were [FR Doc.71-11045 Filed 8-2-71;8:47 am] (viii) Assistant Director for Manage­ favorable. ment of the Bureau of Product Safety In consideration of the foregoing, Part and the Director of the Compliance 71 of the Federal Aviation Regulations Office of that Bureau. is amended, effective 0901 G.m.t., Oc­ (ix) Director and Deputy Director of tober 14, 1971, as hereinafter set forth. Title 21— FOOD AND DRUGS the Division of Compliance of the Bu­ In § 71.181 (36 F.R. 2140), the follow­ Chapter I— Food and Drug Adminis­ reau of Veterinary Medicine. ing transition area is added: tration, Department of Health, Ed­ (x) Executive Officer of the Bureau Winnsboro, Tex. ucation, and Welfare of Radiological Health. (2) The following officials are author­ That airspace extending upward from 700 SUBCHAPTER A— GENERAL feet above the surface within a 5-mile radius ized to cause the seal of the Department of Winnsboro Municipal Airport (latitude PART 2— ADMINISTRATIVE FUNC­ to be affixed to agreements, awards, ci­ 32°56'22'' N., longitude 9 5°16'43" W .) and TIONS, PRACTICES, AND PROCE­ tations, diplomas, and similar docu­ within 1.5 miles each side of the Quitman, DURES ments: Tex., VOR 054° radial extending from the 5- (i) Associate and Deputy Associate mile-radius area to the VOR. Subpart H— Delegations of Authority Commissioners. Sec. 307(a), Federal Aviation Act of 1958, 49 U.S.C. 1348; sec. 6 (c ), Department of Certification of T rue Copies and Use of 1 (ii) Assistant and Deputy Assistant Transportation Act, 49 U.S.C. "1655(c) the D epartment Seal Commissioner for Administration. .Issued in Fort Worth, Tex., on July (iii) Director and Deputy Director of Under authority vested in the Secre­ the FDA Training Institute. 26,1971. tary of Health, Education, and Welfare R . V. R eynolds, and delegated to the Commissioner of * * ♦ * * Acting Director, Southwest Region. Food and Drugs (21 CFR 2.120), Effective date. This order shall be ef­ [PR Doc.7'1—11044 Filed 8-2-71;8:47 am] § 2.121(d) is revised to read as follows fective upon F ederal R egister publica­ to update the subject authority delega­ tion (8-3-71). tions: Dated: July 22,1971. [Airspace Docket No. 71-W A-23] § 2.121 Redelegations of authority from Sam D. Fine, PART 73— SPECIAL USE AIRSPACE the Commissioner to other officers of Associate Commissioner the Administration. » for Compliance. Designation of Temporary Restricted 3* * * * * [FR Doc.71-11051 Filed 8-2-71;8:48 am] Area (d) Delegations regarding certifica­ On June 19,1971, a notice of proposed tion of true copies and use of Depart­ rule making was published in the F ed­ ment seal. (1) The following officials are eral R egister (36 F.R. 11816) stating authorized to certify true copies of or Title 26-INTERNAL REVENUE that the Federal Aviation Administration extracts from any books, records, papers, was considering an amendment to Part or other documents on file within the Chapter I— Internal Revenue Service, 73 of the Federal Aviation Regulations Food and Drug Administration, to certify Department of the Treasury that would designate a restricted area that copies are true copies of the entire SUBCHAPTER E— ALCOHOL, TOBACCO, AND at Amehitka, Alaska. file, to certify the complete original OTHER EXCISE TAXES Interested persons were afforded an record, or to certify the nonexistence of opportunity to participate in the pro­ records on file within the Administra­ PART 179— MACHINE GUNS, DE­ posed rule making through the submis­ tion, and to cause thè seal of the De­ STRUCTIVE DEVICES, AND CERTAIN sion of comments. All comments received partment to be affixed to such certifica­ OTHER FIREARMS were favorable. tions. In consideration of the foregoing, Part (i) Associate and Deputy Associate On April 14, 1971, a notice of proposed 73 of the Federal Aviation Regulations Commissioners. rule making to issue 26 CFR Part 179 to is amended, effective 0901 G.m.t., Sep­ implement the provisions of title II, (ii) Assistant and Deputy Assistant Machine Guns, Destructive Devices, and tember 16, 1971, for 60 days duration, as Commissioners. hereinafter set forth. Curtain Other Firearms, of the Gun Con­ (iii) Federal Register Writer, Office of trol Act of 1968, was published in the Section 73.22 is amended by adding the the Associate Commissioner for Com­ following: F ederal R egister (36 F.R. 7059 (1971)). pliance. In accordance with the notice, interested R-2207. Amchitka Island, Alaska (iv) Director and Deputy Director, parties were afforded an opportunity to Boundaries: Within the boundary of Am­ Policy Management Staff, Office of the submit written comments and an oppor­ chitka Island, Alaska, including the air­ Assistant Commissioner for Program tunity to be heard at a public hearing space within 3 nautical miles from and par­ Coordination. upon written request for the same. No allel to the shoreline. request for a public hearing was received. Designated altitude: Surface to 18,000 feet (v) Directors and Deputy Directors of MSL. Bureaus and Executive Director and After consideration of all such relevant Time of designation: As activated by Deputy Executive Director of Regional matters as was presented by interested NOTAM issued by the using agency at least Operations. parties regarding the rules proposed, and 24 hours in advance. (vi) Assistant Director for Planning in order to make certain clarifying Controlling agency: Federal Aviation Ad­ and Analysis of. the Bureau of Drugs, the changes, the regulations as so published ministration, Anchorage, Alaska, ARTC Director and Deputy Director of the are hereby adopted subject to the Center. changes set forth below: Using agency: Manager, Nevada Operation Office of Compliance of that Bureau, and Office, U.S. Atomic Energy Commission, Las the Director of the Division of Case P aragraph 1. Section 179.11 is changed Vegas, Nev. , Guidance of that Office and Bureau. by adding two sentences at the end of the

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 14256 RULES AND REGULATIONS

definition of “Firearm” which sentences Sec. Sec. read: “For purposes of this definition, the 179.23 Restrictive use of required informa­ 179.91 Unserviceable firearms. tion. length of the barrel on a shotgun or rifle 179.92 Transportation of firearms to effect shall be determined by measuring the 179.24 Destructive device determination. transfer. distance between the muzzle and the face 179.25 Collector’s items. Other Provisions of the bolt, breech, or breechlock when Subpart D— Special (Occupational) Taxes closed and when the shotgun or rifle is 179.93 Transfers of firearms to certain 179.31 Liability for tax. persons. cocked. The overall length of a weapon 179.32 Special (occupational) tax rates. made from a shotgun or rifle is the dis­ 179.33 Special exemption. Subpart G— Registration and Identification of tance between the extreme ends of the 179.34 Registration, return, and payment Firearms weapon measured along a line parallel to of special (occupational) taxes. 179.101 Registration of firearms. 179.35 Employer identification number. the center line of the bore.” 179.102 Identification of firearms. 179.36 The special tax stamp, receipt for 179.103 Registration of firearms manufac­ Par. 2. Section 179.112(a) is changed special (occupational) taxes. tured. by deleting the words “in duplicate”, 179.37 Certificates in lieu of stamps lost from the first sentence thereof so that or destroyed. 179.104 Registration of firearms by certain governmental entities. the sentence reads: “Each importer shall 179.38 Engaging in business at more than file with the Director an accurate notice one location. Subpart H— Importation and Exportation 179.39 Engaging in more than one business on Form 2 (Firearms), Notice of Fire­ I mportation arms Manufactured or Imported, exe­ at the same location. 179.40 Partnership liability. 179.111 Procedure. cuted under the penalties of perjury, 179.41 Single sale. showing his importation of a firearm.” 179.112 Registration of imported firearms Change of Ownership 179.113 Conditional importation. Par. 3. Section 179.116 is changed by deleting the words “Collector of Customs” 179.42 Changes through death of owner. Exportation and inserting in lieu thereof the words 179.43 Changes through bankruptcy of 179.114 Application and permit for exporta­ “District Director of Customs” . owner. tion of firearms. 179.44 Change in partnership or nincor- Par. 4. Section 179.117 is changed by 179.115 Action by Director. porated association. 179.116 Procedure by exporter. deleting the words “Collector of Cus­ 179.45 Change in corporation. toms” which appear in the first two sen­ 179.117 Action by Customs. Change of Business Location 179.118 Proof of exportation. tences and inserting in lieu thereof the 179.119 Transportation of firearms to effect words “District Director of Customs” . 179.46 Notice by taxpayer. exportation. P ar. 5. Section 179.118 is changed by Change of T rade Name 179.120 Refunds. 179.121 Insular possessions. deleting the words “Collector of Cus­ 179.47 Notice by taxpayer. toms” and inserting in lieu thereof the Mutual Security Act words “District Director of Customs”. Penalties and I nterest 179.122 Requirements. [seal] H arold T. Swartz, 179.48 Failure to pay special (occupa­ Acting Commissioner tional) tax. Subpart I— Records and Returns 179.49 Failure to register change or re­ of Internal Revenue. moval. 179.131 Records. Approved: July 28,1971. 179.50 Delinquency. Subpart J— Stolen or Lost Firearms or Documents 179.51 Fraudulent return. W illiam L. D ickey, 179.141 Stolen or lost firearms. Application of State Laws Acting Assistant Secretary 179.142 Stolen or lost documents. of the Treasury. 179.52 State regulations. Subpart K— Examination of Books and Records In order to implement the provisions Subpart E— Tax on Making Firearms 179.151 Failure to make returns: substitute of Title II, Machine Guns, Destructive 179.61 Rate of tax. records. Devices, and Certain Other Firearms 179.152 Penalties (records and returns). Application To Make a Firearm (U.S.C., Title 26, Chapter 53), of the Gun Subpart L— Distribution and Sale of Stamps Control Act of 1968 (Public Law 90-618, 179.62 Application to make. 82 Stat. 1213), the following regulations 179.63 Identification of applicant.. Sec. 179.64 Procedure for approval of applica­ 179.161 Orders for stamps. are hereby prescribed as Part 179 of Title tion. 179.162 Stamps authorized. 26 of the Code of Federal Regulations: 179.65 Denial of application. 179.163 Reuse of stamps prohibited. Preamble. 1. These regulations, 26 CFR 179.66 Subsequent transfer of firearms. Part 179, “Machine Guns, Destructive 179.67 Cancellation of stamp. Subpart M— Redemption of or Allowance for Stamps or Refunds Devices, and Certain Other Firearms,” Exceptions to Tax on Making Firearms 179.171 Redemption of or allowance for supersede Regulations 26 CFR Part 179 179.68 Qualified manufacturer. (1955 edition, 20 F.R. 6739, as amended) stamps. 179.69 Making a firearm for the United 179.172 Refunds. issued under the National Firearms Act States. of 1954 (U.S.C., Title 26, Chapter 53). 179.70 Certain government entities. Subpart N— Penalties and Forfeitures 2. These regulations shall not affect R egistration 179.181 Penalties. any act done or any liability or right 179.182 Forfeitures. accruing, or accrued, or any suit or pro­ 179.71 Proof of registration. Subpart O— Other Laws Applicable ceeding had or commenced before the Subpart F— Transfer Tax effective date of these regulations. 179.191 Applicability of other provisions of 179.81 Scope of tax. internal revenue laws. 3. These regulations shall be effective 179.82 Rate of tax. 179.192 Commerce in firearms and ammu­ on the first day of the first month fol­ 179.83 Transfer tax in addition to import nition. lowing their publication in the F ederal duty. 179.193 Mutual Security Act. R egister. Application and Order for T ransfer of A u t h o r it y : The provisions o f this Part 179 Firearm Subparf A— Scope of Regulations issued under 68A Stat. 917; 26 U.S.C. 7805 Sec. 179.84 Application to transfer. and 26 U.S.C. Chapter 53, unless otherwise 179.1 General. 179.85 Identification of transferee. noted. 179.86 Action on application. Subpart B— Definitions 179.87 Cancellation of stamp. Subpart A— Scope of Regulations 179.11 Meaning of terms. Exemptions R elating to Transfers of § 179.1 General. Subpart C— Administrative and Miscellaneous Firearms This part contains the procedural and Provisions 179.88 Special (occupational) taxpayers. substantive requirements relative to the 179.21 Forms prescribed. 179.89 Transfers to the United States. importation, manufacture, making, ex­ 179.22 Right of entry and examination. 179.90 Certain government entities. portation, identification and registration

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 RULES AND REGULATIONS 14257 of, and the dealing in, machine guns, Destructive device, (a) Any explosive, o f less than 26 inches or a barrel or bar­ destructive devices and certain other incendiary, or poison gas (1) bomb, (2) rels of less than 16 inches in length; (e) firearms under the provisions of the Na­ grenade, (3) rocket having a propellent any other weapon, as defined in this tional Firearms Act (Chapter 53, LR.C.). charge of more than 4 ounces, (4) mis­ subpart; (f) a machine gun; (g) a muffler sile having an explosive or incendiary or a silencer for any firearm whether or Subpart B— Definitions charge of more than one-quarter ounce, not such firearm is included within this § 179.11 Meaning o f terms. (5) mine, or (6) similar device; (b) any definition; and (h) a destructive device. type of weapon by whatever name The term shall not include an antique When used in this part and in forms known which will, or which may be firearm or any device (other than a ma­ prescribed under this part, where not readily converted to, expel a projectile chine gun or destructive device) which, otherwise distinctly expressed or mani­ by the action of an explosive or other although designed as a weapon, the festly incompatible with the intent propellant, the barrel or barrels of which Director finds by reason of the date of thereof, terms shall have the meanings have a bore of more than one-half inch its manufacture, value, design, and other ascribed in this section. Words in the in diameter, except a shotgun or shot­ characteristics is primarily a collector’s plural form shall include the singular, gun shell which the Director finds is gen­ item and is not likely to be used as a and vice versa, and words importing the erally recognized as particularly suitable weapon. For purpose of this definition, masculine gender shall include the femi­ for sporting purposes; and (c) any com­ the length of the barrel on a shotgun or nine. The terms “includes” and “includ­ bination of parts either designed or in­ rifle shall be determined by measuring ing” do not exclude other things not enu­ tended for use in converting any device the distance between the muzzle and the merated which are in the same general into a destructive device as described in face of the bolt, breech, or breechlock class or are otherwise within the scope paragraphs (a) and (b) of this defini­ when closed and when the shotgun or thereof. tion and from which a destructive device rifle is cocked. The overall length of a Antique firearm. Any firearm not de­ may be readily assembled. The term shall weapon made from a shotgun or rifle is signed or redesigned for using rim fire or not include any device which is neither the distance between the extreme ends conventional center fire ignition with designed or redesigned for use as a of the weapon measured along a line fixed ammunition and manufactured in weapon; any device, although originally parallel to the center line of the bore. or before 1898 (including any match­ designed for use as a weapon, which is re­ Fixed ammunition. That self-con­ lock, flintlock, percussion cap, or similar designed for use as a signaling, pyro­ tained unit consisting of the case, type of ignition system or replica thereof, technic, line throwing, safety, or similar primer, propellant charge, and projectile whether actually manufactured before or device; surplus ordnance sold, loaned, or or projectiles. after the year 1898) and also any firearm given by the Secretary of the Army pur­ Frame or receiver. That part of a fire­ using fixed ammunition manufactured in suant to the provisions of section 4684 arm which provides housing for the or before 1898, for which ammunition is (2), 4685, or 4686 of title 10 of the United hammer, bolt or breechblock and firing no longer manufactured in the United States Code; or any device which the mechanism, and which is usually States and is not readily available in the Director finds is not likely to be used as a threaded at its forward portion to re­ ordinary channels of commercial trade. weapon, or is an antique or is a rifle ceive the barrel. Any other weapon. Any weapon or de­ which the owner intends to use solely for Importation. The bringing of a firearm vice capable of being concealed on the sporting purposes. within the limits of the United States person from which a shot can. be dis­ D irector. The Director, Alcohol, To­ or any territory under its control or Juris­ charged through the energy of an explo­ bacco, and Firearms Division, Internal diction, from a place outside thereof sive, a pistol or revolver having a barrel Revenue Service, Treasury Department, (whether such place be a foreign coun­ with a smooth bore designed or rede­ Washington, D.C. 20224. try or territory subject to the jurisdic­ signed to fire a fixed shotgun shell, weap­ Director of the Service Center. A tion of the United States), with intent ons with combination shotgun and rifle Director of an Internal Revenue Service to unlade. Except that, bringing a fire­ barrels 12 inches or more, less than 18 Center in an internal revenue region. arm from a foreign country or a terri­ inches in length, from which only a District Director. A District Director tory subject to the jurisdiction of the single discharge can be made from either of Internal Revenue. United States into a foreign trade zone barrel without manual reloading, and Executed under penalties of perjury. for storage pending shipment to a for­ shall include any such weapon which Signed with the prescribed declaration eign country or subsequent importation may be readily restored to fire. Such term under the penalties of perjury as pro­ into this country, pursuant to the I.R.C. shall not include a pistol or a revolver vided on or with respect to the return, and this part, shall not be deemed im­ having a rifled bore, or rifled bores, or form, or other document or, where no portation. weapons designed, made, or intended to form of declaration is prescribed, with Im porter. Any person who is engaged be fired from the shoulder and not ca­ the declaration: “I declare under the in the business of importing or bringing pable of firing fixed ammunition. penalties of perjury that this— (Insert firearms into the United States. Assistant Regional Commissioner. An type of document, such as, statement, IJt.C . The Internal Revenue Code of Assistant Regional Commissioner, Al­ application, request,, certificate), in­ 1954, as amended. cohol, Tobacco and Firearms, who is cluding the documents submitted in Machine gun. Any weapon which responsible to, and functions under, the support thereof, has been examined by shoots, is designed to shoot, or can be direction and supervision of a Regional me and, to the best of my knowledge and readily restored to shoot, automatically Commissioner, Internal Revenue. belief, is true, correct, and complete.” more than one shot, without manual re­ Commissioner. The Commissioner of Exportation. The severance of goods loading, by a single function of the trig­ Internal Revenue. from the mass of things belonging to this ger. The term shall also include the Customs officer. Any officer of the Bu­ country with the intention of uniting frame or receiver of any such weapon, reau of Customs or any agent or other them to the mass of things belonging to any combination of parts designed and person authorized by law or by the Sec­ some foreign country. intended for use in converting a weapon retary of the Treasury, or appointed in Exporter. Any person who exports into a machine gun, and any combina­ writing by a Regional Commissioner of firearms from the United States. tion of parts from which a machine gun Customs, or by another principal cus­ Firearm, (a) A shotgun having a bar­ can be assembled if such parts are in toms officer under delegated authority, rel or barrels of less than 18 inches in the possession or under the control of a to perform the duties of an officer of the length; (b) a weapon made from a shot­ person. Bureau of Customs. gun if such weapon as modified has an Make. This term and the various de­ Dealer. Any person, not a manufac­ overall length of less than 26 inches or a rivatives thereof shall include manufac­ turer or importer, engaged in the busi­ barrel or barrels of less than 18 inches in turing (other than by one qualified to ness of selling, renting, leasing, or loan­ length; (c) a rifle having a barrel or engage in such business under this part), ing firearms and shall include pawn­ barrels of less than 16 inches in length; putting together, altering, any combi­ brokers who accept firearms as collateral (d) a weapon made from a rifle if such nation of these, or otherwise producing a tor loans. weapon as modified has an overall length firearm.

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 14258 RULES AND REGULATIONS

Manual reloading. The inserting of a by means of an explosive and incapable of and use for which it is intended, and cartridge or shell into the chamber of a of being readily restored to a firing such photographs, diagrams, or draw­ firearm either with the hands or by condition. ings as may be necessary to enable the means of a mechanical device controlled Subpart C— Administrative and Director to make his determination. The and energized by the hands. Director may require the submission to Manufacturer. Any person who is en­ Miscellaneous Provisions him, of a sample of such device for ex­ gaged in the business of manufacturing § 179.21 Forms prescribed. amination and evaluation. If the sub­ firearms. mission of such device is impracticable, Muffler or silencer. Any device for The Director is authorized to prescribe the person requesting the ruling shall so silencing or diminishing the report of all forms required by this part. All of the advise the Director and designate the any portable weapon, such as a rifle, information called for in each form shall place where the device will be available carbine, pistol, revolver, machine gun, be furnished, as indicated by the head­ for examination and evaluation. submachine gun, shotgun, fowling piece, ings on the form and in the instructions or other device from which a shot, bullet, thereon or issued in respect thereto, and § 179.25 Collector’ s items. or projectile may be discharged by an as required by this part. Each form re­ The Director shall determine in ac­ explosive, and is not limited to mufflers quiring that it be executed under penal­ cordance with section 5845(a), I.R.C., or silencers for “firearms” as defined. ties of perjury shall be executed under whether a firearm or device, which al­ Person. A partnership, company, asso­ penalties of perjury. though originally designed as a weapon, ciation, trust, estate, or corporation, as § 179.22 Right o f entry and examina­ is by reason of the date of its manufac­ well as a natural person. tion. ture, value, design, and other character­ Pistol. A weapon originally designed, istics primarily a collector’s item and is made, and intended to fire a small pro­ Any internal revenue officer or em­ not likely to be used as a weapon. A per­ jectile (bullet) from one or more barrels ployee of the Internal Revenue Service son who desires to obtain a determina­ when held in one hand, and having (a) duly authorized to perform any function relating to the administration or en­ tion under that provision of law shall a chamber(s) as an integral part(s) of, follow the procedures prescribed in or permanently aligned with, the forcement of this part may enter during business hours the premises (including § 179.24 relating to destructive device bore(s); and (b) a short stock designed determinations, and shall include in­ to be gripped by one hand and at an places of storage) of any importer or manufacturer of or dealer in firearms, formation as to date of manufacture, angle to and extending below the line of value, design and other characteristics the bore(s). The term shall not include to examine any books, papers, or records any gadget device, any gun altered or required to be kept pursuant to this part, which would sustain a finding that the converted to resemble a pistol, any gun and any firearms kept by such importer, firearm or device is primarily a collector’s that fires more than one shot, without manufacturer or dealer on such prem­ item and is not likely to be used as a manual reloading, by a single function of ises, and may require the production of weapon. the trigger, or any small portable gun any books, papers, or records necessary such as: Nazi belt buckle pistol, glove to determine any liability for tax under Subpart D— Special (Occupational) pistol, or a one-hand stock gun designed chapter 53, I.R.C., or the observance of Taxes chapter 53, I.R.C., and this part. to fire fixed shotgun ammunition. § 179.31 Liability for tax. Regional Commissioner. A regional § 179.23 Restrictive use of required in­ commissioner of internal revenue. formation. Every person who engages in the busi­ Revolver. A small projectile weapon, of ness of importing, manufacturing or No information or evidence obtained the pistol type, having a breechloading from an application, registration, or rec­ dealing in (including pawnbrokers) fire­ chambered cylinder so arranged that the arms in the United States is required to cocking of the hammer or movement of ord required to be submitted or retained the trigger rotates it and brings the next by a natural person in order to comply pay a special (occupational) tax for each cartridge in line with the barrel for with any provision of chapter 53, I.R.C., place where such business is conducted. firing. or this part or section 207 of the Gun Control Act of 1968 shall be used, directly § 179.32 Special (occupational) tax Rifle. A weapon designed or redesigned, rates. made or remade, and intended to be fired or indirectly, as evidence against that from the shoulder and designed or re­ person in a criminal proceeding with re­ (a) The special (occupational) taxes spect to a violation of law occurring are as follows: designed and made or remade to use the prior to or concurrently with the filing Per year energy of the explosive in a fixed car­ of the application or registration, or the or tridge to fire only a single projectile compiling of the record containing the fraction through a rifled bore for each single pull thereof of the trigger, and shall include any such information or evidence : Provided, how­ ever, That the provisions of this section Class 1— Importer of firearms______$500 weapon which may be readily restored Class 2— Manufacturer of firearms_____ 500 shall not preclude the use of any such to fire a fixed cartridge. Class 3— Dealer in firearms______200 inf ormation or evidence in a prosecution Shotgun. A weapon designed or rede­ Class 4— Importer only of weapons clas­ or other action under any applicable pro­ signed, made or remade, and intended sified as “any other weapon”______25 vision of law with respect to the furnish­ to be fired from the shoulder and de­ ing of false information. Class 5— Manufacturer only of weapons signed or redesigned and made or remade classified as “any other weapon”. ____ 25 to use the energy of the explosive in a § 179.24 Destructive device determina­ Class 6— Dealer only in weapons clas­ fixed shotgun shell to fire through a tion. sified as "any other weapon”______10. smooth bore either a number of pro­ The Director shall determine in ac­ (b) The tax year begins July 1 and jectiles (ball shot) or a single projectile cordance with section 5845(f), I.R.C., ends June 30. Special (occupational) for each pull of the trigger, and shall whether a device is excluded from the include any such weapon which may be taxes are due and payable on first en­ definition of a destructive device. A per­ gaging in business, and thereafter on or readily restored to fire a fixed shotgun son who desires to obtain a determination shell. under that provision of law for any de­ before the first day of July each year. Transfer. This term and the various vice which he believes is not likely to Special (occupational) taxes may not be derivatives thereof shall include selling, be used as a weapon shall submit a writ­ prorated. Persons commencing business assigning, pledging, leasing, loaning, giv­ ten request, in triplicate, for a ruling at any time after the first day of July in ing away, or otherwise disposing of. thereon to the Director. Each such re­ any year are liable for the special (occu­ United States. The States and the Dis­ quest shall be executed under the penal­ trict of Columbia. ties of perjury and contain a complete pational) tax for the complete tax year. U.S.C. The United States Code. and accurate description of the device, § 179.33 Special exemption. Unserviceable firearm. A firearm the name and address of the manufac­ (a) Any person required to pay special which is incapable of discharging a shot turer or importer thereof, the purpose (occupational) tax under this part shall

FEDERAL REGISTER, V O L 36, NO. 149— TUESDAY, AUGUST 3, 1971 RULES AMD REGULATIONS 14259 be relieved from payment of that tax if rector of the Service Center and which by remittance of the full amount due, he establishes to the satisfaction of the are filed by hand carrying shall be filed the taxpayer will be issued a special tax Director that his business is conducted with the District Director of the internal stamp as evidence of payment of the exclusively with, or on behalf of, the revenue district in which the taxpayer’s special (occupational) tax. United States or any department, in­ business is located. § 179.37 Certificates in lieu o f stamps dependent establishment, or agency (68A Stat. 752, as amended; 26 U.S.C. 6091) lost or destroyed. thereof. The Director may relieve any When a special tax stamp has been person manufacturing firearms for or § 179.35 Employer identification num­ ber. lost or destroyed, such fact should be on behalf of the United States from com­ reported immediately to the Director of pliance with any provision of this part (a) The employer identification num­ the Service Center who issued the stamp. in the conduct of the business with re­ ber (defined at § 301.7701-12 of this A certificate in lieu of the lost or de­ spect to such firearms. chapter) of the taxpayer who has been stroyed stamp will be issued to the tax­ (b) The exemption in this section mayassigned such a number shall be shown payer upon the submission of an affidavit be obtained by filing with the Director on each Form 11, including amended showing to the satisfaction of the Direc­ an application, in letter form, setting out Form 11, filed pursuant to the provisions tor of the Service Center that the stamp the manner in which the applicant con­ of this part. Failure of the taxpayer to was lost or destroyed. ducts his business, the type of firearm include his employer identification num­ to be manufactured, and proof satisfac­ ber on Form 11 may result in assertion § 179.38 Engaging in business at more tory to the Director of the existence of and collection of the penalty specified than one location. the contract with the United States, de­ in § 301.6676-1 of this chapter. A person shall pay the special (occu­ partment, independent establishment, or (b) An employer identification num­ pational) tax for each location whpre agency thereof, under which the appli­ ber will be assigned pursuant to applica­ he engages in any business taxable under cant intends to operate. tion on Form SS-4 filed by the taxpayer. section 5801, I.R.C. However, a person § 179.34 Registration, return, and pay­ Form SS-4 may be obtained from any paying a special (occupational) tax cov­ ment o f special (occupational) District Director or any Director of a ering his principal place of business may taxes. Service Center. utilize other locations solely for storage (c) An application on Form SS-4 for of firearms without incurring special (a) Each person, prior to commencing an employer identification number shall any business taxable under section 5801, (occupational) tax liability at such loca­ be made by every taxpayer who files a tions. A manufacturer, upon the single I.R.C., shall, for each place of business return on Form 11, but who prior to the operated by such person, register, file a payment of the appropriate special (oc­ filing of his first return on Form 11 has cupational) tax, may sell firearms of the return (Form 11) with, and pay the neither secured an employer identifica­ proper tax to, the District Director of type(s) covered by such tax, if such fire­ tion number nor made application there­ arms are of ,his own manufacture, at the internal revenue district in which for. Such application on Form SS-4 shall each such place of business is located, the place of manufacture and at his be filed on or before the seventh day after principal office or place of business if no except that, where instructions on or the date on which such first return on relating to Form 11 so provide, Form 11 such firearms, except samples, are kept shall be filed with the Director of the Form 11 is filed. at such office of place of business. When Service Center serving the internal reve­ (d) Each taxpayer shall make appli­ a person changes the location of a busi­ nue district in which the place of busi­ cation for and shall be assigned only ness for which he has paid the special ness is located. Thereafter, such person one employer identification number, re­ (occupational) tax, he will be liable for shall, for each place of business, reg­ gardless of the number of places of busi­ another such tax unless the change is ister, file a return (Form 11), and pay ness for which the taxpayer is required to properly registered with the Director of the proper tax on or before the 1st day file Form 11. This same number is used the Service Center serving the internal of July each year during which he con­ for all internal revenue purposes requir­ revenue district in which the special tax tinues such business. If a person has ing the use of a taxpayer identification stamp was issued, as provided in § 179.46. paid special (occupational) taxes for a number. (e) The application on Form SS-4, to­ § 179.39 Engaging in more than one taxable year he will be furnished a re­ business at the same location. turn (Form 11) which shall be filled out gether with any supplementary state­ and executed for registration and tax ment, shall be prepared in accordance If more than one business taxable un­ payment for the succeeding taxable year with the form, instructions, and regula­ der section 5801, I.R.C., is carried on at if that person intends to continue in tions applicable thereto, and shall set the same location during a taxable year, business. Properly completing, execut­ forth fully and clearly the data therein the special (occupational) tax imposed ing, and timely filing of a return (Form called for. The application shall be filed on each such business must be paid. This 11) will constitute compliance with sec­ with the District Director of any internal section does not require a qualified man­ tion 5802,1.R.C. A person doing business revenue district in which the taxpayer ufacturer or importer to qualify as a under a style or trade name shall give operates a business subject to special tax, dealer if such manufacturer or importer his own name, followed by his style or except that, where the instructions on also engages in business on his qualified trade name. In the case of a partnership, or relating to Form SS-4 so provide, premises as a dealer. However, a qualified unincorporated association, firm, or Form SS-4 shall be filed with the Di­ manufacturer who engages in business company, other than a corporation, its rector of the Service Center serving such as an importer must also qualify as an style or trade name shall be given, also district. The application shall be signed importer. Further, a qualified dealer is the name of each member and his place by (1) the individual, if the person is not entitled to engage in business as a of residence. In the case of a corporation, an individual,' (2) the president, vice manufacturer or importer. Also, one its style or trade name shall be given, president, or other principal officer, if qualified to manufacture, for example, also the name of each responsible officer the person is a corporation; (3) a respon­ only “any other weapons” shall not be and his place of residence. The class of sible and duly authorized member or of­ qualified to manufacture or deal in other business, as described in § 179.32, and ficer having knowledge of its affairs, if categories of firearms. Conversely, a the period for which special (occupa­ the person is a partnership or other un­ person qualified, for example, to manu­ tional) tax is due, shall also be stated. incorporated organization; or (4) the facture all firearms may manufacture The Form 11 shall be executed under fiduciary, if the person is a trust or and deal in firearms in the “any other Penalties of perjury. estate. weapons” category. (b) Notwithstanding the provisions of (75 Stat. 828; 26 U.S.C. 6109, 6676) this part relating to the filing of returns §179.40 Partnership liability. on Form 11 for special (occupational) § 179.36 The special tax stamp, receipt Any number of persons doing business tax, such returns which are required, by for special (occupational) taxes. in partnership at any one location shall the instructions on the form or issued in Upon filing a properly completed and be required to pay but one special (o c c u ­ respect thereof, to be filed with the Di­ executed return (Form 11) accompanied pational) tax.

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 14260 RULES AND REGULATIONS

§ 179.41 Single sale. has paid special (occupational) tax, form § 179.49 Failure to register change or A single sale, unattended by circum­ a corporation to continue the business, removal. stances showing the one making the sale a new special tax stamp must be taken Any person succeeding to and carrying to be engaged in business, does not create out in the name of the corporation. on a business for which special (occu­ special (occupational) tax liability. § 179.45 Changes in corporation. pational) tax has been paid without reg­ Change of O w n e r s h ip istering such change within 30 days Additional special (occupational) tax thereafter, and any taxpayer removing § 179.42 Changes through death of is not required by reason of a mere his business with respect to which special owner. change of name or increase in the capital (occupational) tax has been paid to a stock of a corporation if the laws of the place other than that for which tax was Whenever any person who has p~id State of incorporation provide for such special (occupational) tax dies, the sur­ paid without obtaining approval therefor change or increase without the forma­ (see § 179.46), will incur liability to an viving spouse or child, or executors or tion of a new corporation. A stockholder administrators, or other legal represent­ additional payment of the tax, addition atives, may carry on such business for in a corporation who after its dissolution to tax and interest, as provided in sec­ continues the business, incurs new special tions 5801, 6651, and 6601, respectively, the remainder of the term for which tax (occupational) tax liability. has been paid and at the place for which I.R.C., for failure to make return (see the tax was paid without any additional C hange of B u sin e ss L ocation § 179.50) or pay tax, as well as crim­ inal penalties for carrying on business payment, subject to the conditions here­ § 179.46 Notice by taxpayer. inafter stated. If the surviving spouse or without payment of special (occupation­ child, or executor or administrator, or Whenever during the taxable year a al) tax (see section 5871 I.R.C.). other legal representative of the deceased taxpayer intends to remove his business taxpayer continues the business, such to a location other than specified in his § 179.50 Delinquency. person shall, within 30 days after the last special (occupational) tax return Any person liable for special (occupa­ date on which the successor begins to (see § 179.34), he shall file with the Di­ tional) tax under section 5801, I.R.C., carry on the business, file a new return, rector of the Service Center serving the who fails to file a return (Form 11), as Form 11, with the Director of the Service internal revenue district in which the prescribed, will be liable for a delinquency Center serving the internal revenue dis­ special tax stamp was issued (a) a re­ penalty computed on the amount of tax trict in which the business is located. turn, Form 11, bearing the notation “Re­ due unless a return (Form 11) is later The return thus executed shall show the moval Registry,” and showing the new filed and failure to file the return timely name of the original taxpayer, together address intended to be used, (b) his cur­ is shown to the satisfaction of the District with the basis of the succession. (As to rent special tax stamp, and (c) a letter Director or the Director of the Service liability in case of failure to register, see application requesting the amendment of Center, whichever is designated to receive § 179.49.) his registration. The Director of the the return (Form 11), to be due to rea­ Service Center, upon approval of the ap­ sonable cause. The delinquency penalty § 179.43 Changes through bankruptcy plication, shall return the special tax to be added to the tax is 5 percent if the o f owner. stamp, amended to show the new busi­ failure is for not more than 1 month, A receiver or referee in bankruptcy ness location. Firearms operations shall with an additional 5 percent for each may continue the business under the not be commenced at the new business additional month or fraction thereof stamp issued to the taxpayer at the place location by the taxpayer prior to the re­ during which failure continues, not to and for the period for which the tax quired approval of his application to so exceed 25 percent in the aggregate (sec­ was paid. An assignee for the benefit change his business location. tion 6651, I.R.C.). However, no delin­ o f creditors may continue business under C hange of T rade N ame quency penalty is assessed where the 50 his assignor’s special tax stamp without percent addition to tax is assessed for incurring additional special (occupa­ § 179.47 Notice by taxpayer. fraud (see § 179.51). tional) tax liability. In such cases, the Whenever during the taxable year a change shall be registered with the Di­ taxpayer intends to change the name of § 1 7 9 .5 1 Fraudulent return. rector of the Service Center serving the his business, he shall file with the Di­ If any part of any underpayment of internal revenue district in which the rector of the Service Center serving the tax required to be shown on a return is business is located in a manner similar internal revenue district in which the due to fraud, there shall be added to the to that required by § 179.42. special tax stamp was issued (a) a re­ tax an amount equal to 50 percent of the turn, Form 11, bearing the notation underpayment, but no delinquency pen­ § 179.44 Change in partnership or un­ “Amended,” and showing the trade name alty shall be assessed with respect to the incorporated association. intended to be used, (b) his current spe­ same underpayment (section 6653, When one or more members withdraw cial tax stamp, and (c) a letter applica­ I.R.C.). tion requesting the amendment of his from a partnership or an unincorporated A pplication of S tate L aw s association, the remaining member, or registration. The Director of the Service members, may, without incurring addi­ Center, upon approval of the application, § 179.52 State regulations. tional special (occupational) tax lia­ shall return the special tax stamp, amended to show the new trade name. Special tax stamps are merely receipts bility, carry on the same business at the for the tax. Payment of tax under Fed­ same location for the balance of the Firearms operations shall not be com­ menced under the new trade name by the eral law confers no privilege to act con­ taxable period for which special (occu­ taxpayer prior to the required approval trary to State law. One to whom a special pational) tax was paid, provided any of his application to so change the trade tax stamp has been issued may still be such change shall be registered in the name. punishable under a State law prohibiting same manner as required by § 179.42. P enalties and I nterest or controlling the manufacture, posses­ Where new member (s) are taken into a sion or transfer of firearms. On the other partnership or an unincorporated asso­ § 179.48 Failure to pay special (occu­ hand, compliance with State law confers ciation, the new firm so constituted may pational) tax. no immunity under Federal law. Persons not carry on business under the special Any person who engages in a business who engage in the business of importing, tax stamp of the old firm. The new firm taxable under section 5801,1.R.C., with­ manufacturing or dealing in firearms, in must file a return, pay the special (occu­ out timely payment of the tax imposed violation of the law of a State, are never­ pational) tax and register in the same with respect to such business (see manner as a person who first engages in theless required to pay special (occupa­ § 179.34) shall be liable for such tax, tional) tax as imposed under the internal business is required to do under § 179.3'4 plus the interest and penalties thereon even though the name of the new firm (see sections 6601 and 6651 I.R.C.). In revenue laws of the United States. For may be the same as that of the old. addition, such person may be liable for provisions relating to restrictive use of Where the members of a partnership or criminal penalties under section 5871, information furnished to comply with the an unincorporated association, which I.R.C. provisions of this part see § 179.23.

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 RULES AND REGULATIONS 14261

§ 179.69 Making a firearm for the S u b p art E— Tax on Making Firearms other person whose certificate may in a particular case be acceptable to the United States. § 179.61 Rale of lax. Director, certifying that he is satisfied A firearm may be made by, or on be­ Except as provided in this subpart, that the fingerprints and photograph ap­ half of, the United States or any depart­ there shall be levied, collected, and paid pearing on the application are those of ment, independent establishment, or upon the making of a firearm a tax at the applicant and that he has no infor­ agency thereof without payment of the the rate of $200 for each firearm made. mation indicating that the possession of makin g tax. However, if a firearm is to This tax shall be paid by the person mak­ the firearm by the maker would be in be made on behalf of the United States, ing the firearm. Payment of the tax on violation of State or local law or that the maker must file an application, in the making of a firearm shall be repre­ the maker will use the firearm for other duplicate, on Form 1 (Firearms) and sented by a $200 adhesive stamp bearing ^ than lawful purposes. obtain the approval of the Director in the words “National Firearms Act.” § 179.64 Procedure for approval of ap­ the manner prescribed in § 179.62. plication. Application to M ake a F irearm § 179.70 Certain government entities. The application to make a firearm, § 179.62 Application to make. Form 1 (Firearms), must be forwarded A firearm may be made without pay­ No person shall make a firearm unless directly, in duplicate, by the maker of ment of the making tax by, or on be­ he has filed with the Director a written the firearm to the Director. The Director half of, any State, or possession of the application on Form 1 (Firearms), Ap­ will consider the application for approval United States, any political subdivision plication to Make and Register a Firearm or disapproval. If the application is ap­ thereof, or any official police organiza­ in duplicate, executed under the penal­ proved, the Director will return the tion of such a government entity engaged ties of perjury, to make and register the original thereof to the maker of the fire­ in criminal investigations. Any person firearms and has received the approval arm and retain the duplicate. Upon re­ making a firearm under this exemption of the Director to make the firearm ceipt of the approved application, the shall first file an application, in dupli­ which approval shall effectuate registra­ maker is authorized to make the firearm cate, on Form 1 (Firearms) and obtain tion of the weapon to the applicant. The described therein. The maker of the fire­ the approval of the Director as prescribed application shall identify the firearm to arm shall not, under any circumstances, in § 179.62. be made by serial number, type, model, make the firearm until the application, R egistration caliber or gauge, length of barrel, other' satisfactorily executed, with the “Na­ § 179.71 Proof of registration. marks of identification, and the name tional Firearms Act” stamp attached, has The approval by the Director of an and address of original manufacturer been forwarded to the Director and has application, Form 1 (Firearms), to make (if he is not the original manufacturer). been approved and returned by him. If a firearm under this subpart shall effec­ The applicant must identify himself on the application is disapproved, the tuate registration of the firearm de­ the Form 1 (Firearms) by name and ad­ original Form 1 (Firearms) with the scribed in the Form 1 (Firearms) to the dress and, if other than a natural person, “National Firearms Act” stamp attached person making the firearm. The original the name and address of the principal thereto will be returned to the applicant Form 1 (Firearms) showing approval by officer or authorized representative and with the reasons for disapproval stated the Director shall be retained by the the employer identification number and, on the form, and tax will be refunded maker to establish proof of his regis­ if an individual, the identification must as provided in § 179.172. tration of the firearm described therein, include the date and place of birth and § 179.65 Denial of application. and shall be made available to any in­ the social security number of the appli­ ternal revenue officer on request. cant and the information prescribed in An application to make a firearm shall § 179.63. Each applicant shall identify not be approved by the Director if the Subpart F— Transfer Tax the Federal firearms license and special making or possession of the firearm (occupational) tax stamp issued to him, would place the person making the fire­ § 179.81 Scope of tax. if any. The applicant also shall show arm in violation of law. Except as otherwise provided in this required information evidencing that his part, each transfer of a firearm in the making or possession of the firearms § 179.66 Subsequent transfer of fire­ United States is subject to a tax to be would not be in violation of law. Further, arms. represented by an adhesive stamp of the the applicant shall show why he intends Where a firearm which has been made proper denomination bearing the words to make the firearm. A National Firearms in compliance with section 5821, I.R.C., “National Firearms Act” to be affixed Act stamp (see § 179.61) must be affixed and the regulations contained in this to the Form 4 (Firearms), Application to the original application in the space part, is to be transferred subsequently, for Transfer and Registration of Fire­ provided therefor and properly canceled the transfer provisions of the firearms arm, as provided in this subpart. (see § 179.67) if the making is taxable. laws and regulations must be complied If the making of the firearm is tax with. (See Subpart F of this part). § 179.82 Rate of tax. exempt under this part, an explanation The transfer tax imposed with respect of the basis of the exemption shall be § 179.67 Cancellation o f stamp. to firearms transferred within the United attached to the Form 1 (Firearms). Form The person affixing to a Form 1 (Fire­ States is at the rate of $200 for each 1 (Firearms) and appropriate tax stamp arms) a “National Firearms Act” stamp firearm transferred, except that the may be obtained from any District shall cancel it by writing or stamping transfer tax on any firearm classified Director of Internal Revenue. thereon, in ink, his initials, and the day, as “ any other weapon” shall be at the § 179.63 Identification of applicant. month and year, in such manner as to rate of $5 for each such firearm trans­ render it unfit for reuse. The cancella­ ferred. The tax imposed on the transfer If the applicant is an individual, he tion shall not so deface the stamp as to of the firearm shall be paid by the shall attach to each copy of the Form 1 prevent its denomination and genuine­ transferor. (Firearms) a properly executed Form ness from being readily determined. 4539, Identification of Transferee or § 179.83 Transfer tax in addition to Maker of Firearm, containing an indi­ Exceptions to T ax on M aking Firearms import duty. vidual photograph of himself, taken § 179.68 Qualified manufacturer. The transfer tax imposed by section within 1 year prior to the date of such A manufacturer qualified under this 5811, I.R.C., is in addition to any im­ application, and his fingerprints. The port duty. fingerprints must be clear for accurate part to engage in such business may classification and should be taken by make the type of firearm which he is A pplication and O rder for T ransfer of someone properly equipped to take them. qualified to manufacture without pay­ F irearm ment of the making tax. However, such The application must be supported by a § 179.84 Application to transfer. certificate of the local chief of police, manufacturer shall report and register sheriff of the county, United States at­ each firearm made in the manner pre­ Except as otherwise provided in this torney, United States marshal, or such scribed by this part. subpart, no firearm may be transferred

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 No. 149- -3 14262 RULES AND REGULATIONS in the United States unless an applica­ would place the transferee in violation marks of identification of the firearm, tion, Form 4 (Firearms), Application for of State or local law or that the trans­ and (5) contain a statement by thé Transfer and Registration of Firearm, feree will use the firearm for other than transferor that he is entitled to the ex­ in duplicate, executed under the penal­ lawful purposes. emption because the transferee is a per­ ties of perjury to transfer the firearm § 179.86 Action on application. son qualified under this part to manu­ and register it to the transferee has been facture, import or deal in the type of filed with and approved by the Director, The Director will consider a completed firearm to be transferred. If the Director The application, Form 4 (Firearms), and properly executed application, Form approves an application, Form 3 (Fire­ shall be filed by the transferor and shall 4 (Firearms), to transfer a firearm. If arms) , he shall return the original Form identify the firearm to be transferred the application is approved, the Director 3 (Firearms) to the transferor with the by type; serial number; name and ad­ will return the original thereof showing approval noted thereon. Approval of an dress of the manufacturer and importer, approval to the transferor who may then application, Form 3 (Firearms), by the if known; model; caliber, gauge or size; transfer the firearm to the transferee Director shall remove registration of the in the case of a short-barreled shotgun along with the approved application. The firearm reported thereon from the trans­ or a short-barreled rifle, the length of approval of an application, Form 4 feror and shall effectuate the registration the barrel; in the case of a weapon made (Firearms), by the Director will effec­ of that firearm to the transferee. Upon from a rifle or shotgun, the overall tuate registration of the firearm to the receipt of the approved Form 3 (Fire­ length of the weapon and the length of transferee. The transferee shall not take arms) , the transferor shall deliver same the barrel; and any other identifying possession of a firearm until the appli­ with the firearm to the transferee. The marks on the firearm. In the event the cation, Form 4 (Firearms), for the trans­ transferor shall not transfer the firearm firearm does not bear a serial number, fer filed by the transferor has been ap­ to the transferee until his application, the applicant shall obtain a serial num­ proved by the Director and registration Form 3 (Firearms), has been approved ber from the Assistant Regional Com­ of the firearm is effectuated to the trans­ by the Director and the original thereof missioner and shall stamp (impress) or feree. The transferee shall retain the ap­ has been returned to the transferor. If otherwise conspicuously place such proved application as proof that the fire­ the Director disapproves the applica­ serial number on the firearm in a man­ arm described therein is registered to tion, Form 3 (Firearms), he shall return ner not susceptible of being readily him, and shall make the approved Form the original Form 3 (Firearms) to the obliterated, altered or removed. The ap­ 4 (Firearms) available to any internal transferor with the reasons for the dis­ plication, Form 4 (Firearms), shall revenue officer on request. If the appli­ approval stated thereon. identify the transferor by name and cation, Form 4 (Firearms), to transfer (c) Thé transferor shall be responsi­ address; shall identify the transferor’s a firearm is disapproved by the Director, ble for establishing the exempt status Federal firearms license and special the original application will be returned of the transferee before making a trans­ (occupational) tax stamp, if any; and if to the transferor with reasons for the fer under the provisions of this section. the transferor is other than a natural disapproval stated on the application, Therefore, before engaging in transfer person, shall show the title or status of and any tax paid will be refunded as pro­ negotiations with the transferee, the the person executing the application. vided in § 179.172. An application, Form transferor should satisfy himself as to The application also shall identify the 4 (Firearms). to transfer a firearm shall the claimed exempt status of the trans­ transferee by name and address, and, if be denied if the transfer, receipt, or pos­ feree and the bona fides of the trans­ the transferee is a natural person not session of a firearm would place the action. If not fully satisfied, the trans­ qualified as a manufacturer, importer or transferee in violation of law. feror should communicate with the Di­ dealer under this part, he shall be fur­ § 179.87 Cancellation o f stamp. rector, report all circumstances regard­ ther identified in the manner prescribed ing the proposed transfer, and await the in § 179.85. The application also shall The method of cancellation of the Director’s advice before making applica­ identify the special (occupational) tax stamp required by this subpart as pre­ tion for the transfer. An unapproved stamp and Federal firearms license of scribed in § 179.67 shall be used. transfer or a transfer to an unauthor­ the transferee, if any. Any tax payable E x e m p t io n s R elating to T ransfers of ized person may subject the transferor on the transfer must be represented by F irearms to civil and criminal liabilities. (See sec­ an adhesive stamp of proper denomina­ tions 5852, 5861, and 5871 I.R.C.) tion. being affixed to the application, § 179.88 Special (occupational) tax­ Form 4 (Firearms), properly cancelled. payers. § 179.89 Transfers to the United States. Form 4 (Firearms) and appropriate tax (a) A firearm registered to a person A firearm may be transferred to the stamp may be obtained from any District qualified under this part to engage in United States or any department, inde­ Director of Internal Revenue. business as an importer, manufacturer, pendent establishment or agency thereof § 179.85 Identification of transferee. or dealer may be transferred by that without payment of the transfer tax. person without payment of the transfer However, the procedures for the transfer If the transferee is an individual, he tax to any other person qualified under of a firearm as provided in § 179.90 shall shall attach to each copy of the appli­ this part to manufacture, import or deal be followed in a tax-exempt transfer of a cation, Form 4 (Firearms), a properly in that type of firearm. firearm under this section, unless the executed Form 4539, Identification of (b) The exemption provided in para­ transferor is relieved of such require­ Transferee or Maker of Firearm, con­ graph (a) of this section shall be ob­ ment under other provisions of this taining an individual photograph of tained by the transferor of the firearm part. himself, taken within one year prior to filing with the Director an application, the date of such application, and shall Form 3 (Firearms), Application for Tax- § 179.90 Certain government entities. affix his fingerprints to the form. The exempt Transfer of Firearm and Regis­ (a) A firearm may be transferred fingerprints must be clear for accurate tration to Special (Occupational) Tax­ without payment of the transfer tax to classification and should be taken by payer, in duplicate, executed under the any State, possession of the United someone properly equipped to take them. penalties of perjury. The application, States, any political subdivision thereof, The Form 4539 must be supported by a Form 3 (Firearms), shall (1) show the or any official police organization of such certificate of the local ^chief of police, name and address of the transferor and a government entity engaged in criminal sheriff of the county, U.S. attorney, U.S. of the transferee, (2) identify the Federal investigations. marshal or such other person whose cer­ firearms license and special (occupa­ (b) The exemption provided in para­ tificate may in a particular case be ac­ tional) tax stamp of the transferor and graph (a) of this section shall be ob­ ceptable to the Director certifying that of the transferee, (3) show the name tained by the transferor of the firearm he is satisfied that the fingerprints and and address of the manufacturer and the filing with the Director an application, photograph appearing on the Form 4539 importer of the firearm, if known, (4) Form 5 (Firearms). Application for Tax- are those of the transferee and that he show the type, model, overall length (if exempt Transfer and Registration of has no information indicating that the applicable), length of barrel, caliber, Firearm, in duplicate, executed under receipt or possession of the firearm gauge or size, serial number, and other the penalties of perjury. The application

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 RULES AND REGULATIONS 14263 shall (1) show the name and address of transferor to civil and criminal liabil­ registration which shall be made avail­ the transferor and of the transferee, (2) ities. (See sections 5811, 5852, 5861, and able to any internal revenue officer upon identify the Federal firearms license and 58711.R.C.) request. special (occupational) tax stamp, if any, (f) A firearm not identified as re­ § 179.92 Transportation of firearms to quired by this part shall not be of the transferor and of the transferee, effect transfer. (3) show the name and address of the registered. Notwithstanding any provision of manufacturer and the importer of the § 179.102 Identification of firearms. firearm, if known, (4) show the type, § 178.28 of this chapter, it shall not be model, overall length (if applicable), required that authorization be obtained Each manufacturer, importer, or length of barrel, caliber, gauge or size, from any Assistant Regional Commis­ maker of a firearm shall legibly identify serial number, and other marks of iden­ sioner for the transportation in inter­ it by engraving, casting, stamping (im­ tification of the firearm, and (5) contain state or foreign commerce of a firearm pressing), or otherwise conspicuously a statement by the transferor that he is in order to effect the transfer of a fire­ placing or causing to be engraved, cast, entitled to the exemption because the arm authorized under the provisions of stamped (impressed) or placed on the transferee is a governmental entity com­ this subpart. frame or receiver thereof in a manner not susceptible of being readily obliter­ ing within the purview of paragraph (a) O ther P rovisions of this section. If the Director approves ated, altered, or removed, an individual an application, Form 5 (Firearms), he § 179.93 Transfers o f firearms to cer­ serial number not duplicating any serial shall return the original Form 5 (Fire­ tain persons. number placed by the manufacturer, arms) to the transferor with the approval Where the transfer of a destructive importer, or maker on any other firearm, noted thereon. Approval of an applica­ device, machine gun, short-barreled, and by engraving, casting, stamping tion, Form 5 (Firearms), by the Director shotgun, or short-barreled rifle is to be (impressing), or otherwise conspicuously gha.ii effectuate the registration of that made by a person licensed under the placing or causing to be engraved, cast, firearm to the transferee. Upon receipt provisions of Title I of the Gun Control stamped (impressed), or placed on the of the approved Form 5 (Firearms), the Act of 1968 (82 Stat. 1213) to a person frame, receiver, or barrel thereof in a transferor shall deliver same with the not so licensed, the sworn statement manner not susceptible of being readily firearm to the - transferee. The trans­ required by § 178.98 of this chapter shall obliterated, altered or removed, the feror shall not transfer the firearm to the be attached to and accompany the model, if such designation has been transferee until his application, Form 5 transfer application required by this made; the caliber or gauge; the name (Firearms), has been approved by the subpart. (or recognized abbreviation of same) of Director and the original thereof has the manufacturer, or maker, and also, been returned to the transferor. If the Subpart G— Registration and when applicable, of the importer; in the Director disapproves the application, Identification of Firearms case of a domestically made firearm, the city and State (or recognized abbre­ Form 5 (Firearms), he shall return the § 179.101 Registration o f firearms. original Form 5 (Firearms) to the trans­ viation thereof) wherein the manufac­ feror with the reasons for the disap­ (a) The Director shall maintain a turer or importer maintains his place of proval stated thereon. central registry of all firearms in the business, or the maker made the fire­ (c) The transferor shall be responsibleUnited States which are not in the arm; and in the case of an imported for establishing the exempt status of the possession of or under the control of the firearm, the name of the . country in transferee before making a transfer United States. This registry shall be which manufactured and the city and under the provisions of this section. known as the National Firearms Regis­ State (or recognized abbreviation Therefore, before engaging in transfer tration and Transfer Record and shall thereof) of the importer: Provided, That negotiations with the transferee, the include: the Director may authorize other means transferor should satisfy himself of the (1) Identification of the firearm as of identification of the manufacturer, claimed exempt status of the transferee required by this part; importer, or maker upon receipt of letter and the bona fides of the transaction. If (2) Date of registration; and application, in duplicate, from same not fully satisfied, thef transferor should (3) Identification and address of per­ showing that such other identification communicate with the Director, report son entitled to possession of the firearm is reasonable and will not hinder the all circumstances regarding the proposed as required by this part. effective administration of this part: transfer, and await the Director’s advice (b) Each manufacturer, importer, Provided, further, That in the case of before making application for transfer. and maker shall register each firearm a destructive device, the Director may An unapproved transfer or a transfer to he manufactures, imports, or makes in authorize other means of identifying an unauthorized person may subject the the manner prescribed by this part. Each that weapon upon receipt of letter appli­ transferor to civil and criminal liabil­ firearm transferred shall be registered cation, in duplicate, from the manufac­ ities. (See sections 5852, 5861, and 5871 to the transferee by the transferor in turer, importer, or maker showing that I.R.C.) the manner prescribed by this part. No engraving, casting, or stamping (im­ firearm may be registered by a person pressing) such a weapon would be § 179.91 Unserviceable firearms. unlawfully in possession of the firearm dangerous or impracticable. A firearm An unserviceable firearm may be except during an amnesty period estab­ frame or receiver which is not a com­ transferred as a curio or ornament with­ lished under section 207 of the Gun ponent part of a complete weapon at out payment of the transfer tax. How­ Control Act of 1968 (82 Stat. 1235). the time it is sold, shipped, or other­ ever, the procedures for the transfer of a (c) A person shown as possessing fire­ wise disposed of by a manufacturer, im­ firearm as provided in § 179.90 shall be arms by the records maintained by the porter, or maker, shall be identified as followed in a tax-exempt transfer of a Director pursuant to the National Fire­ required by this section. firearm under this section, except a arms Act (Chapter 53, I.R.C.) in force statement shall be entered on the trans­ on October 31, 1968, shall be considered § 179.103 Registration o f firearms man­ fer application, Form 5 (Firearms), by to have registered the firearms in his ufactured. the transferor that he is entitled to the possession which are disclosed by that Each manufacturer qualified under exemption because the firearm to be record as being in his possession on this part shall file with the Director an transferred is unserviceable and is being October 31, 1968. accurate notice on Form 2 (Firearms), transferred as a curio or ornament. An (d) The National Firearms Registra­ Notice of Firearms Manufactured or Im­ unapproved transfer, the transfer of a tion and Transfer Record shall include ported, executed under the penalties of firearm under the provisions of this sec­ firearms registered to the possessors perjury, to show his manufacture of fire­ tion which is in fact not an unserviceable thereof under the provisions of section arms. The notice shall set forth the name firearm, or the transfer of an unservice­ 207 of the Gun Control Act of 1968. and address of the manufacturer, iden­ able firearm as something other than a (e) A person possessing a firearm tify his special (occupational) tax stamp curio or ornament, may subject the registered to him shall retain proof of and Federal firearms license, and show

FEDERAL REGISTER, V O L 36, NO. 149— TUESDAY, AUGUST 3, 1971 14264 RULES AND REGULATIONS the date of manufacture, the type, The burden of proof is affirmatively on importation of a firearm. The notice model, length of barrel, overall length, any person importing or bringing the shall set forth the name and ad­ caliber, gauge or size, serial numbers, firearm into the United States or any dress of the importer, identify his and other marks of identification of the territory under its control or jurisdiction special (occupational) tax stamp and firearms he manufactures, and the place to show that the firearm is being im­ Federal firearms license, and show the where the manufactured firearms will be ported or* brought in under one of the date of release from Customs custody, the kept. All firearms manufactured by him above subparagraphs. Any person desir­ type, model, length of barrel, overall during a single day shall be included on ing to import or bring a firearm into the length, caliber, gauge or size, serial num­ one notice, Form 2

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 RULES AND REGULATIONS 14265 the intended port of exportation, a com­ ing copy thereof will be transmitted to herein set forth in accordance with the plete description of each firearm to be the Director. requirements of the governing authority of the insular possession. Shipments to exported, the name, address, State De­ § 179.118 Proof of exportation. partment license number (or date of ap­ the insular possessions will not be au­ plication if not issued), and identifica­ Within a six-month’s period from date thorized without compliance with the re­ tion of the special (occupational) tax of issuance of the permit to export fire­ quirements of the governing authorities stamp of the transferor. Part 1 of the arms, the exporter shall furnish or cause thereof. In the case of a nontaxable application shall be executed under the to be furnished to the Director (a) the transfer to a person in such insular pos­ penalties of perjury by the transferor certificate of exportation (Part 3 of Form session, the exemption extends only to and shall be supported by a certified copy 9 (Firearms) ) executed by the District such transfer and not to prior transfers. Director of Customs as provided in of a written order or contract of sale or M u tual S e c u r it y A ct other evidence showing that the firearm § 179.117, or (b) the certificate of mailing is to be shipped to a foreign designation. by parcel post (Part 4 of Form 9 (Fire­ § 179.122 Requirements. Where it is desired to make a transfer arms) ) executed by the postmaster of (a) Persons engaged in the business of free of tax to another person who in the post office receiving the parcel con­ importing firearms are required by the turn will export the firearm, the trans­ taining the firearm, or (c) a certificate Mutual Security Act (22 U.S.C. 1934) to feror shall likewise file an application of landing executed by a Customs officer register with the Secretary of the Treas­ supported by evidence that the transfer of the foreign country to which the fire­ ury. (See Part 180 of this chapter.) will start the firearm in course of ex­ arm is exported, or (d) a sworn state­ (b) Persons engaged in the business of portation, except, however, that where- ment of the foreign consignee covering exporting firearms caliber .22 or larger such transferor and exporter are'regis­ the receipt of the firearm, or (e) the are subject to the requirements of a li­ tered special-taxpayers the transferor return receipt, or a reproduced copy cense issued by the Secretary of State. will not be required to file an application thereof, signed by the addressee or his Application for such license should be on Form 9 (Firearms). agent, where the shipment of a firearm made to the Office of Munitions Control, was made by insured or registered parcel § 179.115 Action by Director. Department of State, .Washington, D.C. post. Issuance of a permit to export a 20502, prior to exporting firearms. If the application is acceptable, the firearm and furnishing of evidence es­ Director will execute the permit, Part tablishing such exportation under this Subpart I— Records and Returns 2 of Form 9 (Firearms), to export the section will relieve the actual exporter § 179.131 Records. firearm described on the form and re­ and the person selling to the exporter turn three copies thereof to the appli­ for exportation from transfer tax liabil­ For the purposes of this part, each cant. Issuance of the permit by the Di­ ity. Where satisfactory evidence of ex­ manufactimer, importer, and dealer in rector will suspend assertion of tax lia­ portation of a firearm is not furnished firearms shall keep and maintain such bility for a period of six (6) months within the stated period, the transfer tax records regarding the manufacture, im­ from the date of issuance. If the appli­ will be assessed. portation, acquisition (whether by mak­ cation is disapproved, the Director will ing, transfer, or otherwise), receipt, and indicate thereon the reason for such § 179.119 Transportation of firearms to disposition of firearms as are prescribed, action and return the forms to the effect exportation. and in the manner and place required, by applicant. Notwithstanding any provision of Part 178 of this chapter. In addition, each § 178.28 of this chapter, it shall not be manufacturer, importer, and dealer shall § 179.116 Procedure by exporter. required that authorization be obtained maintain, in chronological order, at his Shipment may not be made until the from any Assistant Regional Commis­ place of business a separate record con­ permit, Form 9 (Firearms), is received sioner for the transportation in inter­ sisting of the documents required by this from the Director. If exportation is to state or foreign commerce of a firearm part showing the registration of any fire­ be made by means other than by parcel in order to effect the exportation of a arm to him. If firearms owned or pos­ post, two copies of the form must be firearm authorized under the provisions sessed by a manufacturer, importer, or addressed to the District Director of Cus­ of this subpart. dealer are stored or kept on premises toms at the port of exportation, and must other than the place of business shown precede or accompany the shipment in § 179.120 Refunds. on his special (occupational) tax stamp, order to permit appropriate inspection Where, after payment of tax by the the record establishing registration shall prior to lading. If exportation is to be manufacturer, a firearm is exported, and show where such firearms are stored or made by parcel post, one copy of the form satisfactory proof of exportation (see kept. The records required by this part must be presented to the postmaster at § 179.118) is furnished, a claim for re­ shall be readily accessible for inspection the office receiving the parcel who will fund may be submitted on Form 843 (see at all reasonable times by internal rev­ execute Part 4 of such form and return § 179.172). If the manufacturer waives enue officers. the form to the exporter for transmittal all claim for the amount to be refunded, to the Director. In the event exportation the refund shall be made to the exporter. Subpart J— Stolen or Lost Firearms or is not effected, all copies of the form must A claim for refund by an exporter of tax Documents be immediately returned to the Director paid by a manufacturer should be ac­ § 1 7 9 .1 4 1 Stolen or lost firearms. for cancellation. companied by waiver of the manufac­ turer and proof of tax payment by the Whenever any registered firearm is § 179.117 Action by Customs. latter. stolen or lost, the person losing posses­ Upon receipt of a permit, Form 9 sion thereof will, immediately upon dis­ (Firearms), in duplicate, authorizing the § 179.121 Insular possessions. covery of such theft or loss, make a report to the Director showing the follow­ exportation of firearms, the District Di­ Transfers of firearms to persons in the rector of Customs may order such inspec­ ing: (a) Name and address of the per­ insular possessions of the United States son in whose name the firearm is regis­ tion as deemed necessary prior to lading are exempt from transfer tax, provided of the merchandise. If satisfied that the tered, (b) kind of firearm, (c) serial title in cases involving change of title number, (d) model, (e) caliber, (f) shipment is proper and the information (and custody or control, in cases not in­ contained in the permit to export is in manufacturer of the firearm, (g) date volving change of title), does not pass to and place of theft or loss, and (h) com­ agreement with information shown in the transferee or his agent in the United the shipper’s export declaration, the Dis- plete statement of facts and circum­ States. However, such exempt transac­ stances surrounding such theft or loss. tnct Director of Customs will, after the tions must be covered by approved per­ Merchandise has been duly exported, ex­ mits and supporting documents corre­ § 179.142 Stolen or lost documents. ecute the certificate of exportation (Part sponding to those required in the case of When any Forms 1, 2, 3, 4, 5, 6A, or J of Form 9 (Firearms)). One copy of firearms exported to foreign countries 10 (Firearms) evidencing possession of a we form will be retained with the ship­ (see §§ 179.114 and 179.115), except that 'firearm is stolen, lost, or destroyed, the per’s export declaration and the remain­ the Director may vary the requirements person losing possession will immediately

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 14266 RULES AND REGULATIONS upon discovery of the theft, loss, or de­ may be redeemed by giving another posed by sections 5801, 5811, and 5821 struction report the matter to the Di­ stamp in lieu thereof. Claim for redemp­ I.R.C. (see section 5846, I.R.C.). rector. The report will show in detail the tion of the stamp should be filed on Form § 179.192 Commerce in firearms and circumstances of the theft, loss, or de­ 843. Such claim shall be accompanied ammunition. struction and will include all known facts by the stamp or by a satisfactory ex­ which may serve to identify the docu­ planation of the reasons why the stamp For provisions relating to commerce in ment. Upon receipt of the report, the cannot be returned, and shall be filed firearms and ammunition, including the Director will make such investigation as within 3 years after the purchase of the movement of destructive devices, ma­ appears appropriate and may issue a du­ stamp. The claim shall be filed with the chine guns, short-barreled shotguns, or plicate document upon such conditions Director of the Service Center serving short-barreled rifles, see 18 U.S.C., chap­ as the circumstances warrant. the internal revenue district in which ter 44, and Part 178 of this chapter issued the tax was paid. (For provisions relat- pursuant thereto. Subpart K— Examination of Books in j to hand-carried documents and man­ § 1 7 9 .1 9 3 Mutual Security Act. and Records ner of filing, see §§ 301.6091-1 (b) and For provisions relating to the registra­ § 179.151 Failure to make returns: sub­ 301.6402-2(a), respectively, of this chapter.) tion and licensing of persons engaged in stitute returns. the business of manufacturing, import­ If any person required by this part (68A Stat. 830; 26 U.S.C. 6805) ing or exporting arms, ammunition, or to make returns shall fail or refuse to § 179.172 Refunds. implements of war, see section 414 of the make any such return within the time As indicated in this part, the transfer Mutual Security Act of 1954 (22 U.S.C. prescribed by this part or designated by 1934), and the regulations issued pursu­ the Director, then the return shall be tax or tax on the making of a firearm is ant thereto. ordinarily paid by the purchase and af­ made by an internal revenue officer upon [FR Doc.71-11089 Filed 8-2-71;8:51 am] inspection of the books, but the making fixing of stamps, while special tax stamps of such return by an internal revenue are issued in payment of special (occu­ officer shall not relieve the person from pational) taxes. However, in exceptional any default or penalty incurred by cases, transfer tax, tax on the making reason of failure to make such return. of firearms, and/or special (occupa­ Title 32— NATIONAL DEFENSE tional) tax may be paid pursuant to as­ (53 Stat. 437; 26 TJ.S.C. 6020) sessment. Claims for refunds of such Chapter VII— Department of the § 179.152 Penalties (records and re­ taxes, whether paid pursuant to assess­ Air Force turns). v ment or voluntarily paid, shall be filed on Form 843 within 3 years next after pay­ SUBCHAPTER C— PUBLIC RELATIONS Any person failing to keep records or ment of the taxes. Such claims shall be PART 830— PROFESSIONAL ENTER­ make returns, or making, or causing the filed with the Director of the Service making of, a false entry on any applica­ TAINMENT PROGRAM IN OVER­ Center serving the internal revenue dis­ SEAS AREAS tion, return or record, knowing such trict in which the tax was paid. (For entry to be false, is liable to fine and provisions relating to hand-carried doc­ PART 831— AWARDS TO ENTERTAIN­ imprisonment as provided in section uments and manner of filing, see 5871, I.R.C. ERS AND SPONSORS OF ENTER­ §§ 301.6091-1 (b) and 301.6402-2(a), re­ TAINMENT UNITS Subpart L— Distribution and Sale of spectively, of this chapter.) Stamps Parts 830 and 831 are hereby deleted (68A Stat. 808, 830; 26 U.S.C. 6511, 6805) from Title 32 of the Code of Federal § 1 7 9 .1 6 1 Orders for stamps. Subpart N— Penalties and Forfeitures Regulations. Hie Air Force regulation on Each order for stamps to be used under which it was based has been superseded this part shall be made in writing to the § 179.181 Penalties. by a joint regulation under which the District Director or his duly authorized Any person who violates or fails to Secretary of the Army acts as Executive agent in the internal revenue collection comply with the requirements of Chap­ Agent for Administration of the Armed district in which the stamps are to be ter 53, I.R.C., shall upon conviction, be Forces Professional Entertainment Pro­ used, showing the date of the order, the subject to the penalties imposed under gram Overseas. number of “National Firearms Act” section 5871,1.R.C. By order of the Secretary of the Air stamps applied for, and the name and Force. address of the purchaser, and shall be § 179.182 Forfeitures. A lexander J. P alenscar, Jr.* signed in ink by the purchaser. Any firearm involved in any violation Colonel, U.S. Air Force, Chief, § 179.162 Stamps authorized. of the provisions of Chapter 53, I.R.C., Special Activities Group, Of­ shall be subject to seizure, and forfeiture fice of the Judge Advocate Adhesive stamps of the $5 and $200 under the internal revenue laws: Pro­ denomination, bearing the words “Na­ vided, however, That the disposition of General. tional Firearms Act,” have been prepared forfeited firearms shall be in conform­ [FR DOc.71—11068 Filed 8-2-71;8:49 am] and distributed to District Directors, and ance with the requirements of section only such stamps shall be used for the 5872,1.R.C. In addition, any vessel, vehi­ payment of the transfer tax and for the cle or aircraft used to transport, carry, SUBCHAPTER M— ANIMALS tax on the making of a firearm. convey, or conceal or possess any firearm § 179.163 Reuse of stamps prohibited. with respect to which there has been PART 930a— SENTRY/SCOUT DOGS A stamp once affixed to one document committed any violation of any provision Part 930a of Title 32 of the Code of cannot lawfully be removed and affixed of Chapter 53, I.R.C., or the regulations Federal Regulations is hereby deleted to another. Any person willfully reusing in this part issued pursuant thereto, shall from the Code of Federal Regulations. such a stamp shall be subject to the pen­ be subject to seizure and forfeiture un­ The regulation on which it was based alty prescribed by section 7208,1.R.C. der the Customs laws, as provided by the (10 U.S.C. 8012) has been rescinded. act of August 9,1939 (49 U.S.C. 781-788). Subpart M— Redemption of or By Order of the Secretary of the Air Allowance for Stamps or Refunds Subpart O— Other Laws Applicable Force. § 179.171 Redemption of or allowance § 179.191 Applicability of other provi­ A lexander J. P alenscar, Jr., for stamps. sions o f internal revenue laws. Colonel, U S. Air Force, Chief, Special Activities Group, Of­ Where a “National Firearms Act” All of the provisions of the internal revenue laws not inconsistent with the fice of the Judge Advocate stamp is destroyed, mutilated or ren­ General. dered useless after purchase, and before provisions of Chapter 53,1.R.C., shall be liability has been incurred, such stamp applicable with respect to the taxes im­ [FR Doc.71-11067 Filed 8-2-71; 8:40 am]

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971

\ RULES AND REGULATIONS 14267

designate the Deputy Commissioner as National Wildlife Refuge, N.J., is per­ Title 36— PARKS, FORESTS, a contracting officer position. mitted during established State and Fed­ Since this amendment involves inter­ eral seasons on only those areas nal Bureau procedures, advance notice designated by signs as open to hunting. AND MEMORIALS and public procedure thereon have been These open areas are delineated as Chapter I— National Park Service, deemed unnecessary and are dispensed Hunting Units 1, 2, and 3 on maps avail­ Department of the Interior with under the exception provided in sub­ able at Refuge Headquarters, Oceanville, section (b) (B) of 5 U.S.C. 553 (Supp. V, N.J., and from the Regional Director, pART 7— SPECIAL REGULATIONS, 1965-1969). Bureau of Sport Fisheries and Wildlife, AREAS OF THE NATIONAL PARK Since delay in the amendment becom­ U.S. Post Office and Courthouse, Boston, ing effective could delay the internal Mass. 02109. ' SYSTEM processing of contracts in the Bureau Hunting shall be in accordance with Whiskeytown Unit, Whiskeytown- with resultant delay in providing services State and Federal regulations covering Shasta-Trinity National Recreation to Indian people, the 30-day deferred the hunting of migratory game birds effective date is dispensed with under the Area, Calif. subject to the following special condi­ exception provided in subsection (d) (3) tions: A proposal was published on page 7143 of 5 U.S.C. 553 (Supp. V, 1965-1969). Ac­ (1) Hunting on Unit 3 during the of the Federal R egister of April 15,1971, cordingly, these regulations will become waterfowl season is restricted to certi­ to amend Part 7 of Title 36 of the Code effective upon the date of publication in fied Young Waterfowler Program Train­ of Federal Regulations to add § 7.91. The the F ederal R egister (8-3-71). ees only, by permit from designated effect of this amendment is to insure the As amended, § 14H-1.451-2(a) (1) of blind sites, from the opening of the duck availability of water of quality adequate 41 CFR Chapter 14H reads as follows: hunting season up to and including the for resource management and domestic third Saturday. use, and to insure its return at the same § 14H—1.451—2 Designation o f Contract­ level of quality for other users of the ing officer positions. (2) Hunting on Unit 3, after the third Central Valley Project. (a) Each of the following organiza­Saturday of the duck hunting season is Interested persons were given 30 days tional titles are designated as contract­ restricted to certified Young Water­ within which to submit written coin- ing officer positions. fowler Program Trainees and program ments, suggestions, or objections with (1) Headquarters Office Officials: instructors only, by permit from desig­ respect to the proposed amendment. (i) Deputy Commissioner. nated blind sites. Comments received were in support of (ii) Associate Commissioner for Sup­ The provisions of this special regula­ this addition, and the proposed amend­ port Services. tion supplement the regulations which ment is hereby adopted without change (iii) Director of Operating Services. govern hunting on wildlife refuge areas and is set forth below. This amendment (iv) Chief, Division of Property and generally, as set forth in Title 50, Code shall take effect 30 days following the Supply Management. of Federal Regulations, Part 32, and are date of publication in the F ederal R egis­ (v) Engineering Contract Adviser. effective through January 30,1972. ter. (vi) Chief, Division of Plant Design R ichard E. G riffith, Section 7.91 is added as follows: and Construction, Albuquerque, N. Mex. Regional Director, Bureau of §7.91 Whiskey town Unit, Whiskey town- (vii) Chief, Plant Management En­ Sport Fisheries and Wildlife. Shasta-Trinity National Recreation gineering Center, Denver, Colo. [PR Doc.71-11033 Filed 8-2-71;8:46 am] Area. (viii) Executive Officer, Indian Affairs. Data Center, Albuquerque, N. Mex. (a) Water sanitation. (1) Vessels (ix) Property and Supply Officer, In­ with marine toilets so constructed as to dian Affairs Data Center, Albuquerque, PART 32— HUNTING permit wastes to be discharged directly N. Mex. into the water shall have such facilities * * * * * Erie National Wildlife Refuge, Pa. sealed to prevent discharge. (2) Chemical or other type marine Louis R. Bruce, The following special regulation is is­ toilets with approved holding tanks or Commissioner. sued and is effective on date of publica­ tion in the F ederal R egister (8-3-71). storage containers will be permitted, but [PR Doc.71-11036 Filed 8-2-71;8:46 am] will be discharged or emptied only at § 32.32 Special regulations; big game; designated sanitary pumping stations. for individual wildlife refuge areas. (5 U.S.C. 553; 39 Stat. 535; 16 U.S.C. 3; 79 P ennsylvania Start;. 1298; 16 U.S.C. 460q-3) ' Title 50— WILDLIFE AND ERIE NATIONAL WILDLIFE REFUGE D aniel J. T obin, Jr., Acting Director, Western Region. Public hunting of deer on the Erie Na­ FISHERIES tional Wildlife Refuge, Pa., is permitted. [PR Doc.71-11038 Piled 8-2-71; 8 :46 am] Chapter I— Bureau of Sport Fisheries The open hunting area is delineated on and Wildlife, Fish and Wildlife maps available at refuge headquarters, Guys Mills, Pa., and from the Regional Service, Department of the Interior Director, Bureau of Sport Fisheries and Title 41— PUBLIC CONTRACTS PART 32— HUNTING Wildlife, U.S. Post Office and Court­ house, Boston, Mass. 02109. AND PROPERTY MANAGEMENT Brigantine National Wildlife Refuge, Hunting shall be in accordance with N.J. all applicable State and Federal regula­ Chapter 14H— Bureau of Indian The following special regulation is tions covering the hunting of deer. Affairs, Department of the Interior issued and is effective on date of pub­ The provisions of this special regula­ tion supplement the regulations govern­ PART 14H-1— GENERAL lication in the Federal R egister (8—3— 71). ing hunting on wildlife refuge areas gen­ Designation of Contracting Officer erally, which are set forth in Title 50, Position § 32.12 Special regulations; migratory Code of Federal Regulations, Part 32, game birds; for individual wildlife and are effective through January 9, J uly 27, 1971. refuge areas. 1972. Pursuant to the authority contained New Jersey R ichard E. G riffith, m the Act of November 2, 1921, C. 115, BRIGANTINE NATIONAL WILDLIFE REFUGE Regional Director, Bureau of 42 Stat. 208 (25 U.S.C. 13) and 41 CFR Sport Fisheries and Wildlife. 14-1.008, § 14H-1.451-2(a)(l) of 41 Public hunting of rails, gallinules, CFR Chapter 14H is being amended to waterfowl, and coots on the Brigantine [PR Doc.71-11034 Piled 8 -2 -7 1 ; 8 :46 am ]

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 14268 Proposed Rule Making

Subpart A— General Rules § 35.5 Commercial enterprises, roads, DEPARTMENT OF THE INTERIOR motor vehicles, motorized equipment, § 35.1 Definitions. motorboats, aircraft, mechanical Fish and Wildlife Service “ National Wildlife Refuge Wilderness” transport, structures, and installa­ tions. [ 50 CFR Part 35 1 shall consist of lands in the National Wildlife Refuge System that have been Except as specifically provided by law, WILDERNESS PRESERVATION AND designated by Act of Congress as units of and subject to existing private rights, MANAGEMENT the National Wilderness Preservation there shall be no commercial enterprise System. and no permanent road within a Na- Notice of Proposed Rule Making “ Secretary” means the Secretary of tional Wildlife Refuge Wilderness, and Notice is hereby given that pursuant the Interior. except as necessary to meet minimum re­ to the authority vested in the Secretary “Director” means the Director of the quirements for the administration of file of the Interior by the Wilderness Act Bureau of Sport Fisheries and Wildlife. area as wilderness (including measures (78 Stat. 890; 16 U8 .C. 1131-1136), and “Refuge System” means the lands of required in emergencies involving the 43 U.S.C. 1201, and in accordance with the National Wildlife Refuge System. health and safety of persons within the the Administrative Procedures Act as “Wilderness System” means the lands area) there shall be no temporary road, amended (5 UJS.C. 553), it is proposed to designated as wilderness by the Congress no use of motor vehicles, motorized add a new Part 35, Wilderness Preserva­ under the provisions of the Wilderness equipment or motorboats, no landing of tion and Management, to Title 50, Code Act. aircraft, no other form of mechanized transport, and no structure or installa­ of Federal Regulations, as set forth § 35.2 Objectives. below. tion within any such area. The purpose of the new part is to carry (a) Units of the National Wildlife (a) The Director may authorize oc­ out provisions of the Wilderness Act and Refuge System have been established by cupancy and use of a national wildlife subsequent Acts establishing wilderness diverse legal means and are adminis­ refuge by officers, employees, agencies, areas within the National Wildlife Ref­ tered for a variety of wildlife program and agents of Federal, State, and county uge System under the jurisdiction of the purposes. The establishment of each Na­ governments to carry out the purposes Secretary of the Interior. tional Wildlife Refuge Wilderness is of the Wilderness Act and the Act es­ While this addition does not require within and supplemental to the purposes tablishing the wilderness and will pre­ public review pursuant to statute, it is for which a specific national wildlife scribe conditions under which motorized made available for review to afford the refuge was established and is admin­ equipment, mechanical transport, air­ public an opportunity to participate in istered. Each wilderness shall be admin­ craft, motorboats, installations, or struc­ the rule making process. Interested per­ istered for such other purposes for which tures may be used to meet the minimum sons are invited to submit written com­ the national wildlife refuge was estab­ requirements for authorized activities to ments, suggestions, or objections with lished and shall be also administered to protect and administer the wilderness. respect to the proposed new part to the preserve its wilderness character. The Director may also prescribe the con­ Director, Bureau of Sport Fisheries and (b) Except as otherwise provided by ditions under which such equipment, Wildlife, Washington, D.C. 20240, within law, wilderness areas shall be devoted to transport, aircraft, installations, or 30 days of the date of publication of the public purposes of recreational, structures may be used in emergencies this notice in the F ederal R egister. scenic, scientific educational, conserva­ involving the health and safety of per­ It is intended that the new part will tion, and historical use and shall be ad­ sons, damage to property, violations of become effective 30 days following the ministered in such a manner as will leave civil and criminal law, or other purposes. date of publication of final rulemaking them unimpaired for future use and en­ (b) The Director may permit, subject in the F ederal R egister. joyment as wilderness. Natural ecologi­ to such restrictions as he deems desirable, A new Part 35 is added as follows: cal succession will be allowed to operate the landing of aircraft and the use of mo­ freely to the extent feasible. torboats at places within a wilderness PART 35— WILDERNESS § 35.3 General regulations. where such uses were established prior PRESERVATION AND MANAGEMENT to the date the wilderness was designated Parts 25, 26, 27, 28, 32 and 33 of this by Act of Congress as a unit of the Na­ Subpart A— General Rules subchapter, pertaining to the National Sec. tional Wilderness Preservation System: 35.1 Definitions. Wildlife Refuge System, are hereby in­ Provided, Such use is permitted by the 35.2 Objectives. corporated as a part hereof by reference, enabling legislation covering such area. 35.3 General regulations. insofar as said parts do not confiiot with 35.4 Appropriations and personnel. the provisions of the Wilderness Act of § 35.6 Public use. 35.5 Commercial enterprises, roads, motor 1964 and subsequent Acts establishing Public uses of a National Wildlife Ref­ vehicles, motorized equipment, wilderness areas within units of the Na­ uge Wilderness will be in accordance with motorboats, aircraft, mechanical transport, structures, and tional Wildlife Refuge System. the purposes for which the individual installations. § 35.4 Appropriations and personnel. national wildlife refuge was established 35.6 Public use. and laws and regulations governing pub­ 35.7 Control of wildfires, insect®, pest No appropriation shall be made avail­ lic uses within the National Wildlife plants, and disease. able for the payment of expenses or sal­ Refuge System. 35.8 Forest Management. aries for the administration of a Na­ (a) When public uses are authorized 35.9 Livestock grazing. 35.10 Scientific uses. tional Wildlife Refuge Wilderness as a within a National Wildlife Refuge Wild­ 35.11 Water rights. separate unit nor shall any appropri­ erness, the Refuge Manager may regulate 35.12 Access to State and private lands. ation be made available for additional such use when he determines that cer­ 35.13 Special regulations. personnel stated as being required solely tain uses have an adverse effect on wild­ Subpart B— Special Regulations for Specific Na­ for the purpose of managing or admin­ erness resources and values. Regulating tional Wildlife Refuge Wildernesses [Reserved] istering areas solely because they are in­ will include limiting the numbers of per­ Authority; The provisions of this Part 35 sons allowed in the wilderness in point issued under 78 Stat. 890; 16 TT.S.C. 1131— cluded within the National Wilderness 1136; 43 U.S.C. 1201. Preservation System. of time, imposing restrictions on time,

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 PROPOSED RULE MAKING 14269

seasons, kinds and location of public with special provisions which may be a wilderness has been established by uses, requiring a permit or reservation prescribed for individual units. Numbers Public Law and shall become effective to visit the area, and similar actions. of permitted livestock will not be more upon publication in the F ederal R egis­ (b) All persons entering a National liberal than those utilizing a wilderness ter. ' W ildlife Refuge Wilderness may be re­ prior to establishment and may be more quired to remove such materials as they restrictive. Subpart B— Special Regulations for carry in, except as provided by specific (b) The Director may permit, subject Specific National Wildlife Refuge wilderness regulations contained in Sub­ to such conditions as he deems necessary, Wildernesses [Reserved] part B of this part. the maintenance, reconstruction or relo­ (c) Informational signs for the con­ cation, by nonmechanical means, of only J. P. Lixduska, venience of visitors will not be permitted those livestock management improve­ Acting Director, Bureau of in a National Wildlife Refuge Wilder­ ments and structures which existed Sport Fisheries and Wildlif e. ness: Provided, That rustic directional within a wilderness when it was incor­ J uly 26,1971. signs for viator safety may be installed porated into the National Wilderness [PR Doc.71-11035 Piled 3-2-71;8:46 am] in locations appropriate to a wilderness . Preservation System. setting. (d) Limited public use facilities and § 35.10 Scientific uses. improvements may be provided as neces­ Recognizing the scientific value of sary for the protection of the refuge and wilderness, research data gathering and DEPARTMENT OF AGRICULTURE wilderness and for public safety. Facili­ similar-scientific uses not requiring me­ Consumer and Marketing Service ties and improvements will not be pro­ chanical or motorized equipment or per­ vided for the comfort and convenience of manent structures or installations will I 7 CFR Part 925 ] wilderness visitors. be encouraged providing that wilderness (e) Public services and temporary values are not impaired. The person or FRESH PRUNES GROWN IN DESIG­ structures generally offered by packers, agency involved in scientific investigation NATED COUNTIES IN IDAHO AND outiiitters, and guides for realizing the must be willing to accept reasonable IN MALHEUR COUNTY, OREG. recreational or other wilderness purposes limitations on activities and location and of a wilderness may be permitted. Tem­ size of the area to be used for research Approval of Expenses and Fixing of porary installations and structures which purposes. A special use permit authoriz­ Rate of Assessment for the 1971-72 existed for these and subsistence pur­ ing scientific uses shall be required. Fiscal Period poses under valid special use permit or § 35.11 Water rights. easement when the wilderness was estab­ Consideration is being given to the fol­ lished may be continued if their use is Nothing in the regulations in this part lowing proposals submitted by the necessary to administer the refuge for constitutes an expressed or implied claim Idaho-Malheur County, Oreg., Fresh the purposes for which it was established or denial on the part of the Department Prune Marketing Committee, established and for wilderness purposes. The num­ of the Interior as to exemption from under the marketing agreement and ber, nature, and extent of such temporary State water laws. Order No. 925 (7 CFR Part 925), regu­ lating the handling of fresh prunes structures and services will be controlled § 35.12 Access to State and private lands. through regulations and special use per­ grown in designated counties in Idaho mits issued by the Refuge Manager so Rights of States or persons, and their and in Malheur County, Oreg., effective as to provide maximum protection of successors in interest, whose land is sur­ under the applicable provisions of the wilderness resources and values. rounded by a National Wildlife Refuge Agricultural Marketing Agreement Act (f) Hunting and fishing in a refuge Wilderness, will be recognized to assure Of 1937, as amended (7 UJ3.C. 601-674), wilderness will be in accordance with adequate access to that land. Adequate as the agency to administer the terms Federal and State regulations including access is defined as the combination of and provisions thereof : special regulations for the specific wild­ modes and routes of travel which will best (1) Expenses that are reasonable and life refuge. Hunting or fishing which re­ preserve the wilderness character of the likely to be incurred by the Idaho-Mal­ quires motorized equipment will not be landscape. Mode of travel designated heur County, Oreg., Fresh Prune Mar­ permitted except as provided in § 35.5 shall be reasonable and consistent with keting Committee, during the period (a) and (b). accepted, conventional, contemporary July I, 1971, through June 30, 1972, will modes of travel in said vicinity. Use will amount to $5,870. § 35.7 Control o f wildfires, insects, pest be consistent with reasonable purposes plants, and disease. for which such land is held. The Director (2) That there be fixed, at $0.01 per To the extent necessary the Director will issue such permits as are necessary one-half bushel 30-pound containers or shall prescribe measures to control wild­ for access, designating the means and equivalent quantity of fresh prunes when fires, insects, pest plants, and disease route of travel for ingress and egress so in other containers or in bulk, the rate to prevent unacceptable loss of wilder­ as to preserve the wilderness character of assessment payable by each handler ness resources and values, loss of life, of the area. in accordance with § 925.41 of the afore­ and damage to property. said marketing agreement and order. § 35.13 Special regulations. (3) That unexpended assessment § 35.8 Forest management. (a) Special regulations will be issued funds, in excess of expenses incurred Forest management activities in a Na­ for individual units of wilderness within during the fiscal period ended June 30, tional Wildlife Refuge Wilderness will be the Refuge System as established by 1971, be carried over as a reserve in directed toward allowing natural ecologi­ Public Law. These special regulations accordance with the applicable provi­ cal processes to operate freely. Commer­ will supplement the provisions of this sions of § 925.42 of said marketing agree­ cial harvesting of timber shall not be part. ment and order. Permitted except where necessary to con­ (b) Special regulations may contain All persons who desire to submit writ­ trol attacks of insects or disease as pre­ Administrative and Public uses as rec­ ten data, views, or arguments in connec­ scribed in § 35.7. ognized in the: tion with the aforesaid proposals should § 35.9 Livestock grazing. (1) Legislative Record of the estab­ file the same, in quadruplicate, with the lishing Act. Hearing Clerk, U.S. Department of Agri­ (a) The grazing of livestock, where (2) Committee Reports of the Con­ culture, Room 112, Administration established prior to the date of legislation gress. Building, Washington, D.C. 20250, not wnich includes an area in the National (3) Departmental and Executive Re­ later than the 10th day after the publi­ wilderness Preservation System, shall be ports to the Congress. cation of this notice in the F ederal R eg­ Permitted to continue subject to the pro­ (4) Other provisions. ister. All written submissions made visions of the enabling Act and Part 29 (c) Such special regulations shall be pursuant to this notice will be made this subchapter and in accordance published in Subpart B of this part after available for public inspection at the

No. 149------4 FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 14270 PROPOSED RULE MAKING office of the Hearing Clerk during regu­ 29 CFR by addition of a new Part 10 (36 as amended, 59 Stat. 463, as amended, lar business hours (7 CFR 1.27(b)). P.R. 12458, June 30,1971) have requested 82 Stat. 343-51; 21 U.S.C. 352, 357, 360b) additional time within which to file writ­ and under authority delegated to him Dated: July 29,1971. ten comments. (21 CFR 2.1230), the Commissioner pro­ P aul A . N ic h o lso n , Upon consideration, the Department poses that Part 146c be amended by re­ Deputy Director, Fruit and hereby gives notice that the time in voking § 146C.230 Chlortetracycline hy­ Vegetable Division, Consumer which to file written comments or sug­ drochloride powder topical; tetracycline and Marketing Service. gestions in the above-described rule mak­ hydrochloride powder topical for human iLse and § 146C.242 Tetracycline-neomy­ [PR Doc.71-11084 Piled 8-2-71;8:50 am] ing is extended to and including Au­ gust 15,1971. cin complex powder topical; tetracycline hydrochloride-neomycin sulfate powder [ 7 CFR Parts 1030, 1032,1046, 1049, Issued at Washington, D.C., this 29th topical. 1050, 1062, 1099 I day of July 1971. Interested persons may, within 30 days [Dockets Nos. AO—361—A3 etc.] For the Interagency Committee on Construction. after publication hereof in the F ederal MILK IN THE CHICAGO REGIONAL G eorge R o m n e y , R egister, file with the Hearing Clerk, AND CERTAIN OTHER MARKETING Chairman. Department of Health, Education, and Approved: , Welfare, Room 6-62, 5600 Fishers Lane, AREAS _ Rockville, Md. 20852, written comments J. D . H odgson, (preferably in quintuplicate) regarding Notice of Extension of Time for Filing Secretary of Labor. Exceptions to the Recommended this proposal. Comments may be accom­ [PR Doc.71-11112 Piled 8-2-71;8:51 am] panied by a memorandum or brief in Decision on Proposed Amendments support thereof. to Tentative Marketing Agreements and to Orders Dated: July 19,1971. DEPARTMENT OF HEALTH, S am D. F in e , 7 CFR Marketing area Docket No; Associate Commissioner Part EDUCATION, AND WELFARE for Compliance. [FR Doc.71-11052 Filed 8-2-71;8:49 am] 1030 Chicago Regional------.. AO-361-A3. Food and Drug Administration 1032 . Southern Illinois...... AO-313-A20. 1046 Louisville-Ler ing ton-E vans- AO-123-A37. ville. [21 CFR Part 146c 1 1049 Indiana...... AO-319-A16. Office of the Secretary 1050 Central Illinois..-;------— .. AO-355-A9. CHLORTETRACYCLINE HYDROCHLO­ 1062 St. Louis-Ozarks...... AO-10-A42. [ 41 CFR Part 3-4 1 1099 Paducah, Ky...... AO-183-A24. RIDE POWDER TOPICAL VETERI­ NARY RESEARCH CONTRACTS WITH EDU­ Notice is hereby given that the time for Proposed Revocations CATIONAL INSTITUTIONS IN THE filing exceptions to the recommended UNITED STATES decision with respect to the proposed In the Federal Register of August 5, amendments to the tentative marketing 1970 (35 F.R. 12492), the Food and Drug Notice of Proposed Rule Making agreements and to the orders regulating Administration announced (DESI 0054 Notice is hereby given in accordance the handling of milk in the Chicago Re­ NV) that it concurred with conclusions with the administrative procedure pro­ gional, Southern Illinois, Louisville-Lex- of tiie National Academy of Sciences-Na- visions in 5 U.S.C. 553, that pursuant to ington-Evansville, Indiana, Central Illi­ tional Research Council, Drug Efficacy the Federal Property and Administra­ nois, St. Louis-Ozarks, and Paducah, Ky„ Study Group, regarding the effectiveness tive Services Act of 1949, as amended, marketing areas, which was issued of Aureomycin Powder 2 Percent, a drug the Office of the Secretary is consider­ June 4, 1971 (36 P.R. 11352), is hereby for veterinary use containing chlorotet- ing an amendment to 41 CFR Chapter 3 extended to August 30, 1971. racycline hydrochloride and benzocaine by adding a new Subpart 3-4.56, Re­ The above notice of extension of time and marketed by American Cynamid Co., search Contracts with Educational In­ for filing exceptions is issued pursuant to Box 400, Princeton, N.J. 08540. stitutions in the United States. The new the provisions of the Agricultural Mar­ The notice provided for the submis­ subpart will establish Department policy keting Agreement Act of 1937, as sion of certain information within 6 on the review and direction requirements amended (7 U.S.C. 601 et seq.), and the months and no new information was sub­ for application in certain research applicable rules of practice and procedure mitted in response. Based on the NAS/ contracts. NRC report and other relevant material, governing the formulation of marketing Any person who wishes to submit agreements and marketing orders (7 CFR the Commissioner of Food and Drugs written data, views, or objections per­ Part 900). concludes (1) that substantial evidence taining to the proposed amendment may is lacking that the subject drug is ef­ do so by filing them in duplicate with Signed at Washington, D.C., on: fective under the conditions of use pre­ July 28, 1971. scribed, recommended, or suggested in its the Director of Procurement and Ma­ J o h n C. B l u m , labeling and (2) that the antibiotic drug teriel Management, OASAM, Room 3340, Deputy Administrator, regulation covering this drug should HEW North Building, Department of Regulatory Programs. therefore be amended by deleting pro­ Health, Education, and Welfare, 330 [PR Doc.71-11070 Piled 8-2-71;8:48 am] visions for its certification. Independence Avenue SW., Washington, Since an order was published April 29, DC 20201, within 30 days following pub­ DEPARTMENT OF LABOR 1971 (36 FJR. 8033), amending § 146C.230 lication of this notice in the F ederal of the antibiotic drug regulations to re­ R egister. All comments submitted pur­ Office of the Secretary strict tetracycline hydrochloride powder suant to this notice will be available for topical to use in man, and since neither [ 29 CFR Part 10 1 that drug nor Chlortetracycline hydro­ public inspection during regular business chloride powder topical is currently mar­ hours in the Division of Procurement INTERAGENCY COMMITTEE ON keted for use in man, the Commissioner and Materiel Management. CONSTRUCTION also concludes that § 146C.230 should be Dated: July 27,1971. revoked and that § 146c.242 covering a Stabilization of Prices and Compen­ Similar product no longer marketed R obert C. C oulter, sation; Notice of Extension of Time Acting Deputy Assistant should be revoked. Secretary for Administration. for the Filing of Comments Accordingly, pursuant to provisions of Certain persons who may have an the Federal Food, Drug, and Cosmetic As proposed, the new Subpart 3-4.56 interest in the proposed amendment of Act (secs. 502, 507, 512, 52 Stat. 1050-51, would read as follows:

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 PROPOSED RULE MAKING 14271

Subpart 3—4.56— Research Contracts With (b) Written prior approval of the con­ the buyer or other transferee of an air­ Educational Institutions in the United States tracting officer is required by the con­ craft last registered in the United States to notify the FAA of his ownership with­ Sea tractor to change the contractor’s prin­ 3-4.5600 Scope of subpart. cipal investigator or project leader or to in 10 days after he becomes the owner, 3-4.5601 Changes in research methods, pro­ continue work under the contract with­ unless within that period he submits an cedures, objectives or phenomena out participation of the principal inves­ Application for Aircraft Registration under study. tigator or project leader for a period in under that part. 3-4.5602 Change or absence of the principal excess of 3 continuous months. Any sub­ Interested persons are invited to par­ investigator or project leader. stantial reduction in the effort devoted ticipate in the making of the proposed 3-4.5603 Subcontracting or transferring the to the contract work by the contractor’s rule submitting such written data, views, research effort. principal investigator or project leader or arguments as they may desire. Com­ also requires the prior written approval § 3—4.5600 Scope o f subpart. munications should identify the regula­ of the contracting officer. If the con­ tory docket or notice number and be sub­ This subpart sets forth the Depart­ tracting officer determines that the re­ mitted in duplicate to: Federal Aviation ment’s policy on review and direction of duction of effort would be so substantial Administration, Office of the General research contracts with educational in­ as to impair the successful prosecution Counsel, Attention: Rules Docket, GC- stitutions in the United States, and im­ of the contract, he may request a change 24, 800 Independence Avenue SW., plements Part I, Attachment A, OMB of principal investigator or project leader Washington, DC 20590. All communica­ Circular No. A-101, establishing Govern­ suitable to the Department, or terminate tions received on or before September 3, ment policy on review and direction of or appropriately modify the contract. 1971, will be considered by the Adminis­ the research effort under research (c) The provisions of paragraph (b) trator before taking action on the pro­ projects. of this section also apply when the con­ posed rule. The proposals contained in tract identifies coprincipal investigators this notice may be changed in the light § 3—4.5601 Changes in research meth­ or project leaders or otherwise includes of comments received. All comments sub­ ods, procedures, objectives or phe­ nomena under study. and identifies additional contractor per­ mitted will be available, both before and sonnel considered essential to the con­ after the closing date for comments in (a) Review and direction require­ duct of the proposed research contract. the Rules Docket for examination by in­ ments for research contracts with educa­ § 3—4.5603 Subcontracting or transfer­ terested persons. tional institutions should, whenever pos­ ring the research effort. Section 47.41 requires the holder of a sible, permit the principal investigator Certificate of Aircraft Registration to to change the methods and procedures The Department’s decision to enter return the certificate to the FAA Aircraft for conducting the research without ob­ into a research contract with an educa­ Registry, showing on the reverse side taining prior Government approval. Sig­ tional institution is based in part upon of the certificate the termination of reg­ nificant changes in the methods or pro­ its evaluation of the principal investiga- istration that occurs, among other cedures utilized by the contractor shall tor(s) or project leader(s) as well as the things, upon the transfer of ownership. be reported in subsequent technical support available to the contract from However, few certificates are returned reports. the institution, such as facilities and (although the imposition of a tax by the (b) In the event the methodology or administrative assistance. During the Airport and Airway Revenue Act of 1970, experiment is stated as a specific objec­ negotiation of the contract the contract­ 84 Stat. 236, has been followed by a noted tive of the contract, such stated objec­ ing officer (contract negotiator) shall to increase in the number of reported sales), tives shall not be changed by the con­ the extent possible, obtain complete in­ and the transferor continues to be shown tractor, without obtaining prior approval formation concerning the contractor’s as the owner even though he has relin­ from the contracting officer. plans for subcontracting any portion of quished his interest in the aircraft. (c) The phenomenon or phenomena the research effort. None of the research effort shall be subcontracted or trans­ Section 47.44 was adopted January 6, under study, i.e., the broad category of 1970 (35 F.R. 2578) to provide for ob­ research, shall not be changed by the ferred to another organization without having been specifically set forth in the taining updated knowledge as to regis­ contractor without obtaining prior ap­ tration eligibility and identification. proval of the contracting officer. contract, or without the prior approval of the contracting officer. This does not When the certificate holder, now alerted (d) The degree of review or direction preclude the purchase of supplies, ma­ by a mailed form yearly under § 47.44, exercised may vary from contract to con­ terials, equipment or general support does advise the FAA Aircraft Registry tract depending upon the amount of de­ services. None of the foregoing shall be of a transfer of his ownership, his name tail used in stating the objectives of the construed to authorize transfer of a re­ is removed from the records as the reg­ research effort. If the review or direction search contract or any interest therein, istered owner; however, the transferee’s requirements are to differ from those where prohibited by law. name is not added until registration in specified in paragraphs (a ), (b), and (c) his name is completed. Also, many trans­ of this section, the contract should [PR Doc.71-11076 Piled 8-2-71;8:50 am] fers occur where the transferor is not clearly specify such additional or dif­ the holder of the certificate, such as a ferent requirements as necessary; dealer or a person within the chain from the registered owner, in which case the § 3—4.5602 Change or absence o f the DEPARTMENT OF transferor is not now required to notify principal investigator or project the FAA Aircraft Registry. leader. TRANSPORTATION The buyer or other transferee of an (a) The decision' as to whether the De­ aircraft is not now required to notify partment is interested in a proposed re­ Federal Aviation Administration the FAA Aircraft Registry at the time search contract is based, to a considera­ he becomes the owner. However, he must ble extent, upon its evaluation of the I 14 CFR Part 47 ] apply for registration before he can Proposed contractor’s principal investi­ [Docket No. 11271; Notice 71-21] legally operate the aircraft or, in the case gator or project leader’s knowledge of of a dealer, he must first show that he the field and his capabilities to manage NOTICE OF OWNERSHIP BY TRANS­ is the owner. the contract in an efficient and produc­ FEREE OF U.S. REGISTERED AIRCRAFT It is now proposed to provide more cur­ tive manner. Therefore, the Department rent and accurate aircraft records as to desires that the named principal inves­ Notice of Proposed Rule Making the movement, between owner registra­ tigator or project leader be continuously tions, of aircraft bearing U.S. registra­ responsible for the conduct of the con­ The Federal Aviation Administration tion numbers, by requiring the buyer or tract and be closely involved with the re­ is considering amending Part 47 of the other transferee of aircraft last reg­ search efforts. Federal Aviation Regulations to require istered in the United States to notify the

FEDERAL REGISTER, VOL. 36, NO. 144— TUESDAY, AUGUST 3, 1971 14272 PROPOSED RULE MAKING

FAA Aircraft Registry of his ownership, Aviation Administration officials by con­ informal conferences with Federal Avia­ within 10 days after he becomes the tacting the Chief, Airspace and Proce­ tion Administration officials by contact­ owner, unless within that period of time dures Branch, Eastern Region. ing the Chief, Airspace and Procedures he applies for registration. Any data or views presented during Branch, Eastern Region. In consideration of the foregoing, it such conferences must also be submitted Any data or views presented during is proposed to insert a new § 47.7 after in writing in accordance with this notice such conferences must also be submitted § 47.5 of the Federal Aviation Regula­ in order to become part of the record for in writing in accordance with this notice tions to read as follows: consideration. The proposal contained in in order to become part of the record this notice may be changed in the light for consideration. The proposal con­ § 47.7 Notice of ownership. of comments received. tained in this notice may be changed in Within 10 days after a citizen of the The official docket will be available for the light of comments received. United States becomes the owner of an examination by interested parties at the The official docket will be available aircraft last previously registered under Office of Regional Counsel, Federal Avia­ for examination by interested parties at the Federal Aviation Act of 1958, or un­ tion Administration, Federal Building, the Office of Regional Counsel, Federal der other laws of the United States, he John F. Kennedy International Airport, Aviation Administration, Federal Build­ shall sign and submit to the FAA Air­ Jamaica, ‘N.Y. ing, John F. Kennedy International Air­ craft Registry a notice of his ownership, The Federal Aviation Administration, port, Jamaica, N.Y. unless within that period of time he sub­ having completed a review of the air­ The Federal Aviation Administration, mits an Application for Aircraft Regis­ space requirements for the terminal area having completed a review of the air­ tration under this part. The notice shall of Pennington Gap, Va., proposes the air­ space requirements for the terminal area contain— space action hereinafter set forth: of Farmville, Va., proposes the airspace (a) The name and address of the 1. Amend § 71.181 of Part 71, Federal action hereinafter set forth: previous owner; Aviation Regulations, so as to designate a 1. Amend § 71.181 of Part 71 of the (b) The date of the transfer; and Federal Aviation Regulations so as to (c) The make, model, serial number, Pennington Gap, Va., 700-foot floor tran­ sition area as follows: designate a Farmville, Va., 700-foot floor and United States registration number of transition area as follows: Pennington Gap, Va. the aircraft. Farmville, Va. This amendment is proposed under That airspace extending upward from 700 the authority of sections 313(a), 501,503, feet above the surface within a 9-mile radius That airspace extending upward from 700 and 505 of the Federal Aviation Act of of the center, 36°44'33'' N., 83°01'50" W. of feet above the surface within a 7-mile radius Lee County Airport, Pennington Gap, Va. of the center, 37°21'22" N., 78°26'16" W. of 1958 (49 U.S.C. 1354(a), 1401, 1403, Farmville Municipal Airport, Farmville, Va. 1405), section 6(c) of the Department This amendment is proposed under sec­ of Transportation Act (49 U.S.C. 1655 tion 307(a) of the Federal Aviation Act This amendment is proposed under (c )), and section 1.47(a) of the Regula­ of 1958 (72 Stat. 749; 49 U.S.C.* 1348) section 307(a) of the Federal Aviation tions of the Office of the Secretary of and section 6(c) of the Department of Act of 1958 (72 Stat. 749; 49 U.S.C. 1348) Transportation. Transportation Act (49 U.S.C. 1655(c)). and section 6(c) of‘ the Department of Transportation Act (49 U.S.C. 1655(c)). Issued in Oklahoma City, Okla., on Issued in Jamaica, N.Y., on July 20, July 15, 1971. 1971. Issued in Jamaica, N.Y., on July 20, A. L. Coulter, B rian J. Vincent, 1971. Director, Aeronautical Center. Acting Director, Eastern Region. B rian J. V incent, Acting Director, Eastern Region. [PR Doc.71-11043 Piled 8-2-71;8:48 am] [FR Doc.71-11040 Filed 8-2-71:8:47 am] [FR Doc.71-11041 Filed 8-2-71;8:47 am]

t 14 CFR Part 71 1 [ 14 CFR Part 71 1 [14 CFR Part 71 1 [Airspace Docket No. 71-EA-91] [Airspace Docket No. 71-EA-96] [Airspace Docket No. 71—EA-109] TRANSITION AREA TRANSITION AREA TRANSITION AREA Proposed Designation Proposed Designation Proposed Designation The Federal Aviation Administration is The Federal Aviation Administration is considering amending § 71.181 of Part The Federal Aviation Administration considering amending § 71.181 of Part 71 is considering amending § 71.181 of Part of the Federal Aviation Regulations so 71 of the Federal Aviation Regulations so as to designate a Farmville, Va., 71 of the Federal Aviation Regulations as to designate a Pennington Gap, Va., so as to designate a Galax, Va., transition transition area. transition area. area. The authorization of a new NDB in­ The NDB Runway 3 instrument ap­ strument approach procedure for Lee proach procedure for Farmville Munici­ The VOR/DME Runway 17 and NDB- County Airport, Pennington Gap., Va., pal Airport, Farmville, Va., requires A instrument approach procedures for will require designation of a 700-foot floor designation of a 700-foot floor transition Twin County Airport require designa­ transition area to provide controlled area to provide airspace protection for tion of a 700-foot floor transition area to airspace for aircraft executing this pro­ aircraft executing the instrument ap­ provide airspace protection for aircraft executing the instrument approach cedure. proach procedure. procedures. . Interested parties may submit such Interested parties may submit such written data or views as they may desire. written data or views as they may desire. Interested parties may submit such Communications should be submitted in Communciations should be submitted in written data or views as they may desire. Communications should be submitted in triplicate to the Director, Eastern Re­ triplicate to the Director, Eastern Re­ gion, Attention: Chief, Air Traffic Divi­ triplicate to the Director, Eastern Region, gion, Attention: Chief, Air Traffic Divi­ Attention: Chief, Air Traffic Division, sion, Department of Transportation, sion, Department of Transportation, Federal Aviation Administration, Fed­ Department of Transportation, Federal Federal Aviation Administration, Fed­ Aviation Administration, Federal Build­ eral Building, John F. Kennedy Interna­ eral Building, John F. Kennedy Inter­ tional Airport, Jamaica, N.Y. 11430. All ing, John F. Kennedy International Air­ communications received within 30 days national Airport, Jamaica, N-Y. 11430. port, Jamaica, N.Y. 11430. All communi­ All communications received within 30 cations received within 30 days after after publication in the F ederal R egis­ publication in the Federal R egister will ter will be considered before action is days after publication in the F ederal taken on the proposed amendment. R egister will be considered before action be considered before action is taken on No hearing is contemplated at this is taken on the proposed amendment. the proposed amendment. time, but arrangements may be made No hearing is contemplated at this No hearing is contemplated at this for informal conferences with Federal time, but arrangements may be made for time, but arrangements may be made for

FEDERAL REGISTER, V O L 36, NO. 149— TUESDAY, AUGUST 3, 1971 PROPOSED RULE MAKING 14273 informal conferences with Federal Avia­ to have maximum load ratings that equal authority at 49 CFR 1.51 and 49 CFR tion Administration officials by contact­ or exceed the gross axle weight rating 501.8. ing the Chief, Airspace and Procedures of the axle on which they are mounted Branch, Eastern Region. divided by the number of tires on the Issued on July 29,1971. Any data or views presented during axle, and in the case of tires listed under R obert L. C arter, such conferences must also be submitted Standard No. 109 (basically passenger- Acting Associate Administrator, in writing in accordance with this notice car tires), to exceed this rating quotient Motor Vehicle Programs. in order to become part of the record by 10 percent. § 571.21 Federal Motor Vehicle Safety for consideration. The proposal con­ Each vehicle would also be required Standards. tained in this notice may be changed in to carry a permanent label, of the type the light of comments received. specified in the certification regulations * * * * * The official docket will be available for (49 CFR Part 567), that would specify M otor V ehicle S afety Standard No . 120 examination by interested parties at the the tires and rims with which the ve­ Office of Regional Counsel, Federal Avia­ hicle is equipped by its manufacturer, TIRE AND RIM SELECTION AND RIM tion Administration, Federal Building, with applicable maximum loads and in­ PERFORMANCE John F. Kennedy International Airport, flation pressures, and speed restrictions, 51. Scope. This standard establishes Jamaica, N.Y. if any. performance and marketing require­ The Federal Aviation Administration, One performance requirement for ments for rims, requires vehicles to be having completed a review of the air­ rims would be that .they must withstand equipped with tires of appropriate size space requirements for the terminal area the tests of Standard No. 119 for high that conform to Standard No. 109 or of Galax, Va., proposes the airspace speed and endurance, when any tires Standard No. 119 and with rims that action hereinafter set forth: are mounted on them that are specified meet the requirements of this standard, 1. Amend § 71.181 of Part 71 of thein the tire and rim association publica­ and requires vehicles to have a tire and Federal Aviation Regulations so as to tions as suitable for use with them, ex­ rim information label. designate a Galax, Va., 700-foot floor cept for tires the manufacturer expressly 52. Purpose. The purpose of this stand­ transition area as follows: designates as unsuitable. This designa­ ard is to insure that vehicles are equipped tion, which it is assumed would be used G ala x, V a . with tires and rims of adequate size and only in exceptional cases, would be by That airspace extending upward from 700 strength to provide safe operational per­ permanent marking on the rim. The formance. feet above the surface within a 10.5-mile other rim performance requirement radius of the center, 36°45'52" N., 80°49'20" would be that a rim retain a tire (that 53. Application. This standard applies W. of Twin City Airport; and within 4.5 miles to multipurpose passenger vehicles, each side of the Pulaski VORTAC 196° radial, is, prevent complete disengagement) when the tire suffers sudden deflation trucks, buses, trailers, and motorcycles, extending from the 10.5-mile radius area to and to rims for use on those types of 8 miles souith of the VORTAC. at 60 m.p.h., followed by a controlled vehicles. stopping of the vehicle. This amendment is proposed under Each rim would be required to be 54. Definitions. All terms defined in section 307(a) of the Federal Aviation the Act and the rules and standards is­ Act of 1958 (72 Stat. 749; 49 U.S.C. 1348) marked on its outer side with the DOT certification symbol, the name or iden­ sued under its authority are used as de­ and section 6(c) of the Department of fined therein. Transportation Act (49 U.S.C. 1655(c)). tifying symbol of the manufacturer, and the rim’s maximum load and inflation 55. Requirements. Issued in Jamaica, N.Y., on July 20, pressure ratings. 55.1 Tire and rim selection. Each 1971. Proposed effective date: January 1, vehicle shall be equipped with tires that B rian J. V incent, 1973. meet the requirements of Standard No. Acting Director, Eastern Region. Interested persons are invited to sub­ 109 or Standard No. 119, and with rims [FR Doc.71-11042 Piled 8 -2-71; 8:47 am] mit written data, views, and arguments that are designated by both the manu­ concerning the proposed standard. Com­ facturer of the tires and the manufac­ ments should refer to the docket number turer of the rims as suitable for use with and be submitted to: Docket Section, those tires. The maximum load rating of National Highway Traffic Safety National Highway Traffic Safety Admin­ each tire and each rim shall be not less Administration istration, Room 5221, 400 Seventh Street than the gross axle weight rating of the [ 49 CFR Part 571 1 SW., Washington, DC 20591. It is re­ axle on which they are mounted divided quested, but not required, that 10 copies by the number of tires on the axle. The [Docket 71-19; Notice 1] be submitted. All comments received be­ maximum load rating of tires that are TIRE AND RIM SELECTION AND RIM fore the close of business on November 2, listed in Appendix A of Standard No. PERFORMANCE 1971, will be considered, and will be 109 shall be at least 10 percent greater available for examination in the docket than the gross axle weight rating divided Proposed Motor Vehicle Safety room at the above address both before by the number of tires on the axle. Standard and after the closing date. To the extent 55.2 Information label. Each vehicle possible, comments filed after the closing shall have a tire and rim information The purpose of this notice is to pro­ date will be considered by the Adminis­ label, of the type and affixed in the man­ pose a new motor vehicle safety stand­ tration. However, the rulemaking action ner and location described in paragraphs ard No. 120, which would establish tire may proceed at any time after that date, (b) through (f) of § 567.4 of this chap­ and rim selection requirements for and comments received after the closing ter (the certification regulations), con­ multipurpose passenger vehicles, trucks, date and too late for consideration in taining the information set forth below, buses, trailers, and motorcycles, per­ regard to the action will be treated as in the English language, lettered in formance and marking requirements for suggestions for future rulemaking. The block capitals and numerals not less than rims for use on these vehicles, and re­ Administration will continue to file rele­ three thirty-seconds of an inch high. quirements for a vehicle tire and rim vant material, as it becomes available, in The information may, at the option of information label. docket after the closing date, and it is the vehicle manufacturer, be appended The proposed standard would require recommended that interested persons to the certification label required by Part each vehicle to which the standard ap­ continue to examine the docket for new 567 of this chapter. plies to be equipped with tires that meet material. (a) The tire size and rim designations the requirements either of Standard No. This notice of proposed rulemaking of the tires and rims with which the ve­ 109 or Standard No. 119, and with rims is issued under the authority of sections hicle is equipped. that are designated by both the manu- 103, 112, 113, 114, 119, and 201 of the (b) The maximum load ratings of the jacturer of the tires and the manufac­ National Traffic and Motor Vehicle tires and rims, and the maximum cold in­ turer of the rims as suitable for use with Safety Act (15 U.S.C. 1392, 1401, 1402, flation pressures of the tires, With which those tires. The tires would be required 1403, 1407, 1421) and the delegations of the vehicle is equipped, as marked on the

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 14274 PROPOSED RULE MAKING tires and rims in accordance with appli­ (b) Determined by its manufacturer cycle tires, and of 0.31 square inch for cable motor vehicle safety standards. not to be appropriate for matching with all other tires. (c) The speed restrictions, if any, ofone or more of those tire size designa­ (f) As soon as the tire is deflated, de­ tires with which the vehicle is equipped, tions; then the rim shall be permanently celerate the vehicle to a stop at a rate of 8 feet per second per second. as marked on the tires in accordance with marked or labeled with the words “Not to be used” followed by all such non­ S5.3.3 When the tire and rim are sub­ Standard No. 119. matching tfre size designations. jected to the endurance test or the high S5.3 Rim performance. Each rim shall S5.3.2 The tire shall not become com­ speed performance test of Standard No. be capable of meeting the performance pletely disengaged from the rim, when 119 (S6.2 and S6.4 of that standard), requirements of S5.3.2 and S5.3.3 when the rim is tested according to the follow­ the rim shall show no visible deformation used with any tire, except for nonmatch­ ing procedure. at any point. S5.4 Rim marking. Each rim shall be ing tires designated in accordance with (a) Mount the tire on the rim. marked on the outer side with the fol­ S5.3.1, for which the rim is listed as ap­ (b) Mount the rim in a single-tire, lowing information, in the English lan­ propriate in the publications, current at single-axle position (i.e., not a dual-tire, guage, with lettering not less than one- the time of manufacture of the rim, of or tandem-axle installation) in the left eighth of an inch high, impressed to a front position on a four-wheeled vehicle the following organizations: depth of not less than 0.005 inch below loaded so that the tire is loaded to its the surrounding surface: The Tire and Rim Association. maximum load rating. (a) The symbol DOT, which shall con­ The European Tyre and Rim Organisation. (c) Adjust the tire pressure to the Japan Standards Association. stitute the manufacturer’s certification The Japan Automobile Tire Manufacturers tire’s maximum inflation pressure. that the rim conforms to all applicable Association! (d) Drive the vehicle in a straight line motor vehicle safety standards. Deutsche Industrie Norm. on a level surface at 60 m.p.h., or at the (b) The name of the manufacturer, or The Society of Motor Manufacturers & tire’s maximum speed, if any, as marked identifying symbol assigned by the Traders, Ltd. on the tire, whichever is less. NHTSA. Scandinavian Tire and Rim Organization. (e) Deflate the tire, completely (i.e., (c) The rim’s maximum load rating S5.3.1 If a rim is— to ambient atmospheric pressure) and maximum inflation pressure, as fol­ (a) Listed in the publications speci­through an opening of 0.15 square inch lows: “Max load_____ lbs. Max pres­ fied in S5.3 as appropriate for matching for tires listed in Appendix A of Stand­ sure____ _p.s.i.” with one or more tire size designations; ard No. 109 whose maximum inflation * * * * * and pressure is 45 p.s.i. or less and for motor­ [PR Doc.71-11090 Piled 8-2-71;8:51 am]

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 14275 N otices

March 2 (pp. 3930-31), April 6 (pp. Pitkin County DEPARTMENT OF THE INTERIOR 6526-28), May 4 (pp. 8333-36), June 3 Redstone vicinity, Osgood Castle (Cleve- (pp. 10811-13), and July 8 (pp. 12868- holm ), approximately 1 mile south of Red­ Bureau of Reclamation 70). Further notice is hereby given that stone on Colorado 133. TARGHEE NATIONAL FOREST, IDAHO certain amendments or revisions, in the IOWA nature of additions, deletions, or correc­ Order of Transfer of Administrative tions to the previously published list are Dubuque County Jurisdiction of Land adopted as set out below. Dubuque, Dubuque County Courthouse, 720 Central Avenue. By virtue of the authority vested in the It is the responsibility of all Federal Secretary of the Interior by section 7(c) agencies to take cognizance of the prop­ MISSISSIPPI of the Act of July 9, 1965 (79 Stat. 217), erties included in the National Register Claiborne County and his delegation of authority to the as herein amended and revise^, in ac­ cordance with section 106 of the Na­ Port Gibson, Van Dorn House, Van Dorn Commissioner of Reclamation dated Drive. February 25, 1966, published March 4, tional Historic Preservation Act of 1966, Harrison County 80 Stat. 915, 16 UJS.C. 470. 1966 (31 F.R. 3426), jurisdiction over the Gulfport vicinity, Fort Massachusetts, following described lands, aggregating The following corrections should be south of Gulfport on Ship Island. some 6.90 acres which lie within or ad­ made: jacent to exterior boundaries of the FLORIDA Marion County Targhee National Forest, Idaho, and Everglades and Seminole Indian Reserva­ Sandy Hook vicinity, Ford House, south of which were acquired by the Bureau of tions (Collier County) are removed from Sandy Hook on Old Columbia-Covington Reclamation in the development of the the Register. Road. Island Park Reservoir, Minidoka Project, Olustee Battlefield is in Baker County (not Warren County is hereby transferred to the Secretary of Columbia). Vicksburg, Planters Hall, 822 Main Street. Agriculture for recreational and other ALABAMA MISSOURI National Forest System purposes: Barbour County Butler County Naylor vicinity, Koehler Fortified Archeo­ B o i s e M e r i d i a n Eufaula, McNab Bank Building, Broad logical Site, 1 mile northeast of Naylor. Street. WITHDRAWN LAND NEW HAMPSHIRE Lowndes County T. 13 N., R. 42 E., Hillsborough County Sec. 25, that portion of lot 8 lying north, Hayneville, Lowndes County Courthouse, Nashua, Hunt Memorial Library, 6 Main of the east-west centerline of said sec­ Washington Street. Street. NORTH CAROLINA tion 25, containing 6.90 acres, more or ALASKA less. Davidson County Gateway Borough, Ketchikan, Alaska Totems, Lexington, Old Davidson County Court­ Pursuant to said section 7(c) of the between Park and Deermont Avenues. house, Main and Center Streets. aforesaid Act of July 9, 1965, the above Interior District Lenoir County lands shall become National Forest Lands Kinston vicinity, Jackson, Jesse, House, on Flaxman Island, Leffingwell Camp, Arctic provided that all lands and waters within U.S. 11, south of Kinston. the Island Park Reservoir area needed or coast, 58 miles west of Barter island. Orange County used for the operation of the project or ARIZONA for other Reclamation purposes shall Cochise County Chapel Hill, Playmakers Theatre (Smith Hall), Cameron Avenue, University of continue to be administered by the Com­ Fairbank vicinity, Quiburi, north of Fair- North Carolina. missioner of Reclamation to the extent bank. Hillsborough, Old Orange County Court­ he determines to be necessary for such ARKANSAS house, 106 East .King Street. Independence County Hillsborough, St. Matthew’s Episcopal operation. Church and Churchyard, St. Mary’s Road. Batesville, Garrott House (Case-Maxfield This order shall be effective upon House), 561 East Main Street. 'Perquimans County publication in the F ederal R egister Jefferson County Hertford vicinity, Newbold-White House, (3-3-71). southeast of Hertford off Route 1336 north Pine Bluff, Du Bocage, 1115 West Fourth of the junction with Route 1337. Dated: July 27,1971. Street. E l l is L. A rmstrong, Pine Bluff, Hudson- Grace-Borreson House, Union County 716 West Barraque. Commissioner of Reclamation. Monroe, Union Courthouse, Courthouse Ouachita County Square. [PR Doc.71-11032 Filed 8-2-71:8:46 am] OKLAHOMA Camden, McCollum-Chidester House, 926 Washington Street NW. Bryan County National Park Service Washington County Kenefic vicinity, Fort McCulloch, approxi­ mately 2 miles southwest of Kenefic. NATIONAL REGISTER OF HISTORIC Fayetteville, Headquarters House (Tebbetts PLACES H ouse), 118 East Dickson Street. Haskell County Additions, Deletions, or Corrections CALIFORNIA Kinta vicinity, McCurtain, Green, House, NE %NE^4 sec. 35, T. 8 N., R. 20 E. Los Angeles County By notice in the F ederal R egister of LeFlore County Los Angeles, Barnsdall Park, 4800 Hollywood February 20, 1971, Part II, there was Boulevard. Hodgens vicinity, Conser, Peter, House, 3.5 Published a list of the properties included COLORADO miles west of Hodgens. ® the National Register of Historic Denver County Oklahoma County Places. This list has been amended by Denver, Moffat, David H., House, 808 Grant Edmond, Old North Tower, 400 East Hurd a notice in the F ederal R egister of Street. Street, Central State College campus.

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 14276 NOTICES

PENNSYLVANIA [Docket No. FDC-D-356; NDA 10-231] Philadelphia County DEPARTMENT OF HEALTH, BROEMMEL PHARMACEUTICALS Philadelphia, Cathedral of Sts. Peter and EDUCATION, AND WELFARE Op-Hydrin Ophthalmic Suspension; Paul, 18th Street and the Parkway. Philadelphia, Mikveh Israel Cemetery, north­ Food and Drug Administration Notice of Withdrawal of Approval west corner oi Spruce and Darien Streets. of New Drug Application Philadelphia, Society Hill Historic District, [Docket No. FDC-D-350; NDA’s 12-349; bounded on the north by Walnut Street 12-471] In the F ederal R egister of Septem­ (both sides), on the south by Lombard AMERICAN CYANAMID CO. ET A L ber 17, 1970 (35 F.R. 14577), the Com­ Street, on the east by the pier line of the missioner of Food and Drugs announced Delaware River, and on the west by Eighth Mephenoxalone Tablets and Emyl- (DESI 6762) his conclusions pursuant to Street (both sides). camate Tablets; Notice of With­ evaluating reports received from the Na­ SOUTH CAROLINA tional Academy of Sciences-National drawal of Approval of New-Drug Research Council, Drug Efficacy Study Charleston County Applications Group, concerning Op-Hydrin Ophthal­ Edisto Island vicinity, Edisto Island Presby­ In the F ederal R egister of June 25, mic Suspension (hydrocortisone acetate terian Church, 1.9 miles north of Edisto and phenylephrine hydrochloride), stat­ Island on S.C. 174. 1970 (35 F.R. 10394), the Commissioner of Food and Drugs announced (DESI ing that this drug is regarded as possibly Union County 6566) his conclusions pursuant to eval­ effective for its labeled indications. Six Union vicinity, Cross Keys House, 12 miles uating reports received from the Na­ months from the date of that publica­ southwest of Union on S.C. 49. tional Academy of Sciences-National tion were allowed for the holder of the new-drug application and any person TEXAS Research Council, Drug Efficacy Study Group, concerning the following drugs, marketing the drug without approval to Aransas County stating that these drugs lack substantial obtain and submit data providing sub­ Stockport, Mathis, Thomas H., House, 612 evidence of effectiveness for some labeled stantial evidence of effectiveness for the Chinch Street. indications and were regarded as drug. By letter of March 1, 1971, Broemmel Hill County possibly effective for other labeled in­ dications. Six months from the date of Pharmaceuticals, 1235 Sutter Street, San Hillsboro, Hill County Courthouse, Court­ that publication were allowed for the Francisco, California 94109, holder of house Square. holders of the applications and any per­ NDA 10-231 for Op-Hydrin Ophthalmic Houston County son marketing such drugs without ap­ Suspension, stated that manufacturing of the drug has been discontinued and Kennard vicinity, Westerman Mound, 5.8 proval to obtain and submit data miles southeast of Kennard. providing substantial evidence of effec­ voluntarily requested withdrawal of ap­ tiveness of the drugs for the indications proval of their new drug application, Lampasas County for which they were regarded as possibly thereby waiving * the opportunity for Lampasas, Lampasas County Courthouse, effective. Such evidence has not been hearing. bounded by South Live Oak, East Fourth, received. Both firms have voluntarily The Commissioner of Food and Drugs, South Pecan, and East Third Streets. requested withdrawal of approval of pursuant to provisions of the Federal Lubbock County their new drug applications and thereby Food, Drug, and Cosmetic Act (sec. 505(e), 52 Stat. 1053, as amended; 21 Lubbock vicinity, Lubbock Lake Site, north waived the opportunity for a hearing. of Lubbock near the intersection of Clovis 1. Trepidone tablets containing me­ U.S.C. 355(e) ), and under authority dele­ Highway and Loop 289. phenoxalone; Lederle Laboratories Di­ gated to him (21 CFR 2.120 finds that on vision, American Cyanamid Co., Pearl the basis of new information before him Nacogdoches County River, N.Y. 10965 (NDA 12-741). with respect to said drug, evaluated to­ Nacogdoches, Old Nacogdoches University 2. Striatran Tablets containing emyl- gether with the evidence available to him Building, Washington Square. camate; Merck Sharp & Dohme, Division when the application was approved, there is a lack of substantial evidence Parker County of Merck & Co., West Point, Pa. 19486 (NDA 12-349). that the drug will have the effect it pur­ Weathferford, Parker County Courthouse, The Commissioner of Food and Drugs, ports or is represented to have under the Courthouse Square. pursuant to provisions of the Federal conditions of use prescribed, recom­ San Augustine County Food, Drug, and Cosmetic Act (sec. 505 mended, or suggested in the labeling Beal Augustine, Cullen, Ezekiel, House, 207 (e), 52 Stat. 1053, as amended; 21 Ü.S.C. thereof. South Congress. 355(e)) and under authority delegated Therefore, pursuant to the foregoing to him (21 CFR 2.120), finds that on the findings, approval of the above new- Travis County basis of new information before him drug application, and all amendments Austin vicinity, Levi Rockshelter, on Lick with respect to each of said drugs, and supplements thereto, is withdrawn Creek west of Texas 71, about 27 miles west evaluated together with the evidence effective on the date of the signature of o f Austin. available to him when each application this document. Waller County was approved, there is a lack of sub­ Dated: July 19,1971. Hempstead vicinity, Liendo, 2 miles north­ stantial evidence that each of the drugs east of Hempstead off PM 1488. will have the effect it purports or is rep­ Sam D. Fine, Associate Commissioner WEST VIRGINIA resented to have under the conditions of use prescribed, recommended, or sug­ fo r Compliance. Wirt County gested in the labeling thereof. [FR Doc.71-11059 Filed 8-2-71;8:48 am] Burning Springs, Burning Springs Complex, Therefore, pursuant to the foregoing along the north bank of the Kanawha findings, approval of the above new-drug River from the confluence of Burning [DESI 4887; Docket No. FDC-D-349; NDA applications, and all amendments and 4—837, etc.] Springs Run. supplements thereto, is withdrawn effec­ WYOMING tive on the date of the signature of this KAHLENBERG LABORATORIES, INC., Fremont County document. ET AL. Ethete, St. Michael’s Mission. Dated; July 19, 1971. Certain Antifungal Drugs; Notice of Withdrawal of Approval of New- E rnest Allen C onn ally, Sam D . F in e, Chief, Office of Archeology Associate Commissioner Drug Applications and Historic Preservation. for Compliance. In the Federal R egister of August 26, [FR Doc.71-11037 Filed 8-2-71;8:46 am] [FR Doc.71-11057 Filed 8-2-71;8:48 am] 1970 (35 F.R. 13591), the Commissioner

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 NOTICES 14277

announced (DESI 4837) his conclusions cacy Study Group, of the following are required to file with the Hearing pursuant to evaluation of reports re­ drugs: Clerk, Department of Health, Education, ceived from the National Academy of and Welfare, Room 6-62, 5600 Fishers Sciences-National Research Council, NDA Drug NDA holder Lane, Rockville, Maryland. 20852, a Drug Efficacy Study Group, concerning' No. written appearance electing whether: the following drugs for topical use: 1. To avail themselves of the oppor­ 1. Cerosal Ointment containing sali­ 10-811 Quiactin Tablets, con­ The William S. Mer- tunity for a hearing; or cylic acid, cerium salicylate, butylpara- taining oxanamide. rell Co., Division 2. Not to avail themselves of the op­ Richardson Merrell, ben, thymol, chlorobutanol, and dioctyl Inc., 110 East Amity portunity for a hearing. sodium sulfosuccinate; Kahlenberg Lab­ Road, Cincinnati, If such persons elect not to avail them­ Ohio 45215. oratories, Inc., Post Office Box 3318, 13-261 Lenetran Tablets, con­ Lakeside Laboratories, selves of the opportunity for a hearing Sarasota, Fla. 33578 (NDA 4-837). taining mephenoxa- Division Colgate- the Commissioner without further notice 2. Sporostacin Solution containing lone. Palmolive Co., 1707 will enter a final order withdrawing ap­ East North Avenue, chlordantoin and benzalkonium chlor­ Milwaukee, Wis. proval of the new-drug applications. ide: Ortho Pharmaceutical Corp., Rari­ 53201 Failure of such persons to file a written 6-566 Tolserol Tablets, Cap­ E. R. Squibb & Sons, tan, N.J. 08869 (NDA 12-569). sules,1 Elixir, Injec­ Inc., Division Olin appearance of election within said 30 3. Keralac, nail lacquer, containing tion, and Powder >■ Mathieson Chemical days will be construed as an election by for Injection, con­ Corp., 745 Fifth chloranil; Philip T. Paul, doing business taining mephenesin. Avenue, New York, such persons not to avail themselves of as Salem Pharmacal, 23 Summit Road, N.Y. 10022 the opportunity for a hearing. Naugatuck, Conn. 06770 (NDA 11-379). 0-157 Tolseram Tablets and E. R. Squibb & Sons, The hearing contemplated by this Suspension, con­ Inc. The announcement stated that these taining mephenesin notice will be open to the public except drugs are regarded as possibly effective carbamate. that any portion of the hearing that >6-934 Dioloxol Tablets, G. W. Carnrick Co., for their labeled indications. Six months Capsules, and 65 Horse Hill Road, concerns a method or process the Com­ from the date of that publication were Elixir, containing Cedar Knolls, N.J. missioner finds entitled to protection as allowed for the holders of the applica­ mephenesin. 07927. a trade secret will not be open to the tions and any person marketing such public, unless the respondent specifies 1 Although not specifically reviewed by the Academy, otherwise in his appearance. drug without approval to obtain and sub­ these are regarded as similarly affected. mit data providing substantial evidence If such persons elect to avail them­ of effectiveness of the drugs. No such selves of the opportunity for a hearing The announcement stated that the they must file, within 30 days after pub­ data have been received, and the holders drugs are regarded as possibly effective lication of this notice in the F ederal of said new-drug applications have re­ for some of their labeled indications and quested withdrawal of approval of their R egister, a written appearance request­ lacking substantial evidence of effective­ ing the hearing, giving the reasons why new-drug applications and thereby have ness for others. Six months were allowed waived opportunity for a hearing. approval of the new-drug application for the submission of data providing sub­ should not be withdrawn, together with The Commissioner of Food and Drugs, stantial evidence of effectiveness for the pursuant to the provisions of the Federal a well-organized and full factual analy­ •indications for which the drugs were re­ sis of the clinical and other investiga­ Food, Drug, and Cosmetic Act (sec. 505 garded as possibly effective. Since such (e), 52 Stat. 1053, as amended; 21 U.S.C. tional data they are prepared to prove in evidence was not received, the drugs are support of their opposition. A request for 355(e)), and under authority delegated now regarded as lacking substantial evi­ to him (21 CFR 2.120), finds that on the a hearing may not rest upon mere alle­ dence of effectiveness for all of their gations or denials, but must set forth basis of new information before him with labeled indications. respect to each of said drugs, evaluated specific facts showing that a genuine and together with the evidence available to Therefore, notice is given to the substantial issue of fact requires a hear­ him when each application was ap­ holders of the new-drug applications ing. When it clearly appears from the proved, there is a lack of substantial listed above and to any person who may data in the application and from the evidence that each of the drugs will have be adversely affected, that the Com­ reasons and factual analysis in the re­ the effect it purports or is represented to missioner of Food and Drugs proposes quest for the hearing that no genuine have under the conditions of use pre­ to issue an order under section 505(e) of and substantial issue of fact precludes scribed, recommended, or suggested in the Federal Food, Drug, and Cosmetic the withdrawal of approval of the appli­ the labeling thereof. Act (21 U.S.C. 355(e)) withdrawing ap­ cation, the Commissioner will enter an Therefore, pursuant to the foregoing proval of the listed new-drug applica­ order on these data, making findings findings, approval of the above-listed tions and all amendments and supple­ and conclusions on such data. new-drug applications, and all amend­ ments thereto on the grounds that new If a hearing is requested and justified ments and supplements thereto, is information before him with respect to by the response to this notice, the issues withdrawn effective on the date of the such drugs, evaluated together with the will be defined, a hearing examiner will signature of this document. evidence available to him when the appli­ be named, and he shall issue, as soon as cations were approved, shows there is a practicable after the expiration of such Dated: July 19, 1971. lack of substantial evidence that the 30 days, a written notice of the time and S am D. F in e , drugs will have all the effects they pur­ place at which the hearing will com­ Associate Commissioner port or are represented to have under mence (35 F.R. 7250, May 8, 1970; 35 for Compliance. the conditions of use prescribed, recom­ F.R. 16631, October 27, 1970). mended, or suggested in their labeling. [FR Doc.71-11053 Filed 8-2-71:8:48 am] Received requests for a hearing and/or In accordance with the provisions of elections not to request a hearing may be section 505 of the Act (21 U.S.C. 355) [Docket No. FDC-D-351; NDA 6-566, etc.] seen in the office of the Hearing Clerk and the regulations promulgated there­ (address given above) during regular WILLIAM S. MERRILL CO. ET AL. under (21 CFR Part 130), the Commis­ business hours, Monday through Friday. sioner will give the applicants, and any This notice is issued pursuant to pro­ Oxanamide and Certain Other Drugs; interested person who would be ad­ visions of the Federal Food, Drug and Notice of Opportunity for Hearing versely affected by an order withdrawing Cosmetic Act (sec. 505, 52 Stat. 1052-53, on Proposal To Withdraw Approval such approval, an opportunity for a as amended; 21 U.S.C. 355) and under of New-Drug Applications hearing to show why approval of the the authority delegated to the Commis­ new-drug applications should not be sioner (21 CFR 2.120). *n the F ederal R egister of June 25, withdrawn. Any related drug for human 1970 (35 F.R. 10394), the Food-and Drug use, not the subject of an approved new- Dated: July 19,1971. Administration announced its conclu- drug application, may be affected by this S am D. F in e , ?10n® ^DESI6566) pursuant to evaluation action. Associate Commissioner ^ the National Academy of Sciences- Within 30 days after publication hereof for Compliance. wational Research Council, Drug Effi­ in the F ederal R egister, such persons [FR Doc.71-11058 Filed 8-2-71;8:t8 am]

No. 149----- 5 FEDERAL REGISTER, V O L 36, NO. 149— TUESDAY, AUGUST 3, 1971 14278 NOTICES

[DESI 5887] interested persons who may be adversely If such persons elect to avail themselves STREPTOMYCIN SULFATE FOR affected that the Commissioner of Foods of the opportunity for a hearing, they and Drugs proposes to issue an order must file a written appearance request­ PARENTERAL USE under section 512(e) of the Federal Food, ing the hearing and giving the reasons Drugs for Human Use; Drug Efficacy Drug, and Cosmetic Act (21 U.S.C. why approval of the new animal drug Study Implementation; Followup 360b (e)) withdrawing approval of NADA application should not be withdrawn to­ (new animal drug application) No. gether with a well-organized and full- Notice 9-242V, Cadmium Wormer for Hogs factual analysis of the clinical and other In a notice (DESI 5887) published in which contains cadmium anthranilate. investigational data they are prepared the F ederal R egister of May 21,1969 (34 The Commissioner, on the basis of an to prove in support of their opposition to F.R. 7997), the Commissioner of Food evaluation of new information before the grounds for this notice of opportu­ and Drugs announced his conclusions him with respect to such drug together nity for a hearing. A request for a hear­ pursuant to evaluation of reports re­ with evidence available to him when ing may not rest upon mere allegations ceived from the National Academy of the application was approved, concludes or denials but must set forth specific Sciences-National Research Council, that the drug is not shown to be safe facts showing that there is a genuine and Drug Efficacy Study Group, on strepto­ under the conditions of use upon the substantial issue of fact requiring a hear­ mycin sulfate preparations for paren­ basis of which the application was ing. When it clearly appears from the teral use stating that these drugs were approved. data in the application and from the regarded as effective, possibly effective, Data available to the Commissioner reasons and factual analysis in the re­ and lacking substantial evidence of ef­ fail to establish the absence of unsafe quest for the hearing that no genuine and fectiveness for the various labeled indi­ residues of this product in the edible substantial issue of fact precludes the cations. The possibly effective indications tissue of swine when this product is ad­ withdrawal of approval of the applica­ have been reclassified as lacking sub­ ministered in accordance with the con­ tion, the Commissioner will enter an stantial evidence of effectiveness in that ditions of use prescribed, recommended, order stating his findings and conclu­ no new evidence of effectiveness of these or suggested in its labeling. sions on such data. If a hearing is re­ drugs has been submitted pursuant to In accordance with the provisions of quested and justified by the response to the notice of May 21,1969. section 512 of the act (21 U.S.C. 360b), this notice, the issues will be defined, a Batches of such drugs with labeling the Commissioner hereby gives the ap­ hearing examiner will be named, and he bearing indications for which substan­ shall issue a written notice of the time plicant and any interested persons who and place at which the hearing will tial evidence of effectiveness is lacking would be adversely affected by an order are no longer acceptable for certifica­ commence. The time shall be not more withdrawing such approval an oppor­ than 90 days after the expiration of said tion or release. tunity for a hearing at which time such Any person who will be adversely af­ 30 days, unless the hearing examiner and persons may produce evidence and argu­ the applicant otherwise agree. fected by the deletion from labeling of ments to show why approval of NADA the indications for which the drug has This notice is issued pursuant to pro­ No. 9-242V should not be withdrawn. visions of the Federal Food, Drug, and been reclassified from possibly effective Promulgation of the order will cause any to lacking substantial evidence of effec­ Cosmetic Act (sec. 512, 82 Stat. 343-51; drug similar in composition to the above- 21 U.S.C. 360b) and under authority tiveness may, within 30 days after the listed drug product and recommended date of publication of this notice in the delegated to the Commissioner (21 CFR for similar conditions of use to be a new 2.120). F ederal R egister, petition for the is­ animal drug for which an approved new suance of a regulation providing for animal drug application is not in effect. Dated: July 19, 1971. other certification of the drug for such Any such drug then on the market would S am D. F in e , indications. The petition must be sup­ be subject to appropriate regulatory ported by a full factual and well docu­ Associate Commissioner action. — for Compliance. mented medical analysis which shows Within 30 days after publication hereof reasonable grounds for the issuance of [FR Doc.71-11056 Filed 8-2-71;8:48 am] in the F ederal R egister, such persons are such regulation. required to file with the Hearing Clerk, A petition for issuance of said regula­ Department of Health, Education, and [DESI 10899] tion should be filed (preferably in quin- Welfare, Office of the General Counsel, tuplicate) with the Hearing Clerk, De­ Food, Drug, and Environmental Health METHYLPHENIDATE HYDROCHLORIDE partment of Health, Education, and Wel­ Division, Room 6-62, 5600 Fishers Lane, PARENTERAL fare, Room 6-62, 5600 Fishers Lane, Rockville, Md. 20852, a written appear­ Rockville, Md. 20852. ance electing whether: Drugs for Human Use; Drug Efficacy This notice is issued pursuant to pro­ 1. To avail themselves of the oppor­ Study Implementation visions of the Federal Food, Drug, and tunity for a hearing; or The Food and Drug Administration Cosmetic Act (secs. 502, 507, 52 Stat. 2. Not to avail themselves of the op­ has evaluated a report received from the 1050-51 as amended, 59 Stat. 463, as portunity for a hearing. National Academy of Sciences-National amended; 21 U.S.C. 352, 357) and under If such persons elect not to avail them­ authority delegated to the Commissioner Research Council, Drug Efficacy Study selves of the opportunity for a hearing, Group, on Ritalin Hydrochloride lyophil- of Food and Drugs (21 CFR 2.120). the Commissioner, without further no­ ized powder for injection, containing Dated; July 19,1971. tice, will enter a final order withdraw­ methylphenidate hydrochloride; Ciba ing approval of the new animal drug Pharmaceutical Co., 556 Morris Avenue, S am D. F in e , application. Associate Commissioner Summit, New Jersey 07901 (NDA' 10- for Compliance. Failure of such persons to file a writ­ 899). ten appearance of election within 30 The drug is regarded as a new drug. (PR Doc.71-11054 Piled 8 -2 -71;8:48 am] days will be construed as an election by The effectiveness classification and mar­ such persons not to avail themselves of keting status are described below. the opportunity for a hearing. A. Effectiveness classification. The [Docket No. PDC-D-345; NADA 9-242V] The hearing contemplated by this Food and Drug Administration has con­ HESS AND CLARK notice will be open to the public except sidered the Academy’s report, as well as other available evidence, and concludes Cadmium Anthranilate; Notice of that any portion of the hearing concern­ ing a method or process the Commis­ that: Opportunity for Hearing sioner finds entitled to protection as a 1. Methylphenidate hydrochloride par­ Notice is hereby given to Hess and trade secret will not be open to the pub­ enteral is possibly effective in sedative Clark, Division of Richardson-Merrell, lic, unless the respondent specifies other­ overdosage emergencies, in hastening Inc., Ashland, Ohio 44805, and to any wise in his appearance. recovery from anesthesia, in overcoming

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 NOTICES 14279 sedation in the newborn, in helping treat Cosmetic Act (secs. 502, 505, 52 Stat. (5)), notice is given that a petition (FAP acute overdosage of barbiturates, alco­ 1050-53, as amended; 21 U.S.C. 352, 355) 1B2704) has been filed by American Vis­ hol, and other sedative drugs, and in and under the authority delegated to the cose Division, FMC Corp., Marcus Hook, overcoming drug-induced lethargy. Commissioner of Food and Drugs (21 Pa. 19061, proposing that § 121.2536 2. The drug lacks substantial evidence CFR 2.120). Filters, resin-bonded (21 CFR 121.2536) of effectiveness in increasing response to Dated: June 25,1971. be amended to provide for the safe use psychotherapy and in psychiatric con­ of polyethylene terephthalate in the ditions associated with depression. S am D . F in e , manufacture of resin-bonded filters for B. Marketing status. 1. Within 60 days Associate Commissioner food-contact use. of the date of publication of this an­ for Compliance. Dated: July 21,1971. nouncement in the F ederal R egister, the [PR Doc.71-11055 Piled 8-2-71;8:48 am] holder of any previously approved new V irgil O . W odicka, drug application for a drug described in Director, Bureau of Foods. AMERICAN POTATO CO. paragraph A above is requested to sub­ [FR Doc.71—11065 Piled 8-2-71;8:49 am] mit a supplement to his application to Notice of Withdrawal of Petition for provide for revised labeling, as needed, Food Additives which deletes those indications for which GOODYEAR TIRE & RUBBER CO. such drug has been classified as lacking Pursuant to provisions of the Federal substantial evidence of effectiveness. Food, Drug, and Cosmetic Act (sec. 409 Notice of Filing of Petition for Food Such supplement should be submitted (b), 72 Stat. 1786; 21 U.S.C. 348(b) ), the Additives under the provisions of § 130.9 (d) and following notice is issued: Pursuant to provisions of the Federal (e) of the new drug regulations (21 CFR In accordance with § 121.52 With­ Food, Drug, and Cosmetic Act (sec. 409 130.9 (d) and (e )), which permit certain drawal of petitions without prejudice of (b)(5), 72 Stat. 1786; 21 U.S.C. 348(b) changes to be put into effect at the the procedural food additive regulations (5)), notice is given that a petition (FAP earliest possible time, and the revised la­ (21 CFR 121.52), American Potato Co., 1B2701) has been filed by the Goodyear beling should be put into use within the Post Office Box 592, Blackfoot, Idaho Tire & Rubber Co., 142 Goodyear Boule­ 60-day period. Failure to do so may re­ 83221, has withdrawn its petition (FAP vard, Akron, Ohio 44316, proposing that sult in a proposal to withdraw approval 1A2639), notice of which was published § 121.2509 Release agents (21 CFR of the new drug application. F ederal R egister in the of March 17, 121.2509) be amended to provide for the 2. If any such preparation is on the 1971 (36 F.R. 5150), proposing that safe use of N,N'-dioleoylethylenediamine market without an approved new drug § 121.1195 Succinylated monoglycerides as a release agent in polyvinyl chloride application, its labeling should be revised (21 CFR 121.1195) be amended to pro­ film for food-contact use. if it includes those claims for which sub­ vide for the additional safe use of suc­ stantial evidence of effectiveness is lack­ cinylated monoglycerides as a condi­ Dated: July 27,1971. ing as described in paragraph A above. tioning agent in dehydrated potato .V irgil O. W odicka, Failure to delete such indications and put products. Director, Bureau of Foods. the revised labeling into use within 60 Dated: July 21,1971. days after the date of publication hereof [FR Doc.71-11062 Piled 8-2-71;8:49 am] in the F ederal R egister may cause V irgil O. W odicka, Director, Bureau of Foods. the drug to be subject to regulatory C. J. PATTERSON CO. proceedings. [PR Doc.71-11064 Piled 8-2-71;8:49 am] 3. The notice “Conditions for Market­ Notice of Filing of Petition for Food ing New Drugs Evaluated in Drug Effi­ Additives cacy Study,” published in the F ederal AMERICAN VISCOSE DIVISION, Register July 14, 1970 (35 F.R. 11273), FMC CORP. Pursuant to provisions of the Federal describes in paragraphs (d), (e), and Food, Drug, and Cosmetic Act (sec. 409 (f) the marketing status of a drug la­ Notice of Filing of Petition for Food (b)(5 ), 72 Stat. 1786; 21 U.S.C. 348(b) beled with those indications for which Additives (5 )), notice is given that a petition (FAP it is regarded as possibly effective. 1A2705) has been filed by C. J. Patterson The above-named holder of the new Pursuant to provisions of the Federal Co., 3947 Broadway, Kansas City, Mo. drug application for this drug has been Food, Drug, and Cosmetic Act (sec. 409 64111, proposing that § 121.1211 Sodium mailed a copy of the Academy’s report. (b)(5), 72 Stat. 1786; 21 U.S.C. 348(b) stearoyl-2-lactylate (21 CFR 121.1211) Any interested person may obtain a copy (5)), notice is given that a petition be amended in paragraph (c) by adding of these reports by writing to the Press (FAP 1B2703) has been filed by Ameri­ “texturizing agent” to the intended uses Relations Office, Food and Drug Admin­ can Viscose Division, FMC Corp., Marcus prescribed for sodium stearoyl-2-lacty- istration (CE-200), 200 C Street SW., Hook, Pa. 19061, proposing t h a t late and by adding “cooked potato dough Washington, D.C. 20204. § 121.2535 Textiles and textile fibers products” to the foods in which the ad­ Communications forwarded in response (21 CFR 121.2535) be amended to pro­ ditive may be used. vide for the safe use of polyethylene ter- to this announcement should be identi­ Dated: July 21,1971. fied with the reference number DESI ephthalate in the manufacture of textiles 10899^ directed to the attention of the and textile fibers for food-contact use. V irgil O . W odicka, following appropriate office, and ad­ Dated: July 21,1971. Director, Bureau of Foods. dressed to the Food and Drug Adminis­ [PR Doc.71-11069 Piled 8-2-71;8:49 am] tration, 5600 Fishers Lane, Rockville, V irgil O . W odicka, Maryland 20852: Director, Bureau of Foods. Supplements (Identify with NDA num ber): [FR Doc.71-11066 Piled 8-2-71;8:49 am] STANDARD OIL COMPANY OF Office of Scientific Evaluation (BD-100), CALIFORNIA Bureau of Drugs. Original new drug applications: Office of AMERICAN VISCOSE DIVISION, Notice of Filing of Petition for Food Scientific Evaluation (BD—100), Bureau of Additives Drugs. FMC CORP. All other communications regarding this an­ Notice of Filing of Petition for Food Pursuant to provisions of the Federal nouncement: Drug Efficacy Study Imple­ Food, Drug, and Cosmetic Act (sec. 409 mentation Project Office (BD—5), Bureau Additives of Drugs. (b)(5 ), 72 Stat. 1786; 21 U.S.C. 348(b) Pursuant to provisions of the Federal (5 )), notice is given that a petition (FAP This notice is issued pursuant to the Food, Drug, and Cosmetic Act (sec. 409 2B2707) has been filed by Standard Oil Provisions of the Federal Food, Drug, and (b) (5), 72 Stat. 1786; 21 U.S.C. 348(b) Company of Calif., 225 Bush Street, San

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 14280 NOTICES

Francisco, Calif. 94120, proposing that vides consultation and assistance in up­ the Assistant Commissioner for Admin­ § 121.2553 Lubricants with incidental grading the performance of clinical istration should read as follows; “Cases food contact (21 CFR 121.2553) be laboratories and evaluates and licenses in SSA components located in the na­ amended to provide for the Safe use of clinical laboratories engaged in interstate tional headquarters complex in the magnesium ricinoleate, sodium metabo­ commerce; and (4) provides consultation Baltimore-Washington area and cases in rate, and polyurea produced by reacting to international organizations and the regions which are referred for pro­ tolylene diisocyanate and amines as com­ other nations in the control' of prevent­ fessional investigation by the Office of ponents of lubricants with incidental food able diseases, and administers interna­ Administration’s Investigations Branch.” contact. tional activities for the eradication or control of malaria, malnutrition, Dated: July 21,1971. measles, smallpox, and other preventable V irgil O . W odicka, conditions. ATOMIC ENERGY COMMISSION Director, Bureau of Foods. R onald B rand, [License No. 22—00057-37E] [PR Doc.71-11063 Piled 8-2-71;8:49 am] Acting Assistant Secretary for Administration and Management. MINNESOTA MINING AND MANUFACTURING CO. Ju l y 27, 1971. UNIROYAL CHEMICAL [PR Doc.71-11077 Piled 8-2-?l;8:50 am] Notice of Issuance of Byproduct Notice of Filing of Petition for Food Material License Additives FOOD AND DRUG ADMINISTRATION Please take notice the Atomic Energy Pursuant to provisions of the Federal Commission has, pursuant to § 32.22 of Food, Drug, and Cosmetic Act (sec. 409 Statement of Organization, Functions, 10 CFR 32, issued License No. 22-00057- -(b )(5 ), 72 Stat. 1786; 21 U.S.C. 348(b) and Delegations of Authority 37E to Minnesota Mining and Manufac­ (5) ), notice is given that a petition (FAP turing Co., 3M Center, St. Paul, Minn. 2B2706) has been filed by Uniroyal Part 6, formerly part 10 (Food and 55101, which authorizes the distribution Chemical, Division of Uniroyal, Inc., Elm Drug Administration) of the Statement of 3M Model 1D2D Radioluminescent Street, Naugatuck, Conn. 06770, propos­ of Organization, Functions, and Delega­ Wrist Compasses to persons exempt from ing that § 121.2577 Pressure-sensitive tions of Authority of the Department of the requirements of the license pursuant adhesives (21 CFR 121.2577) be amended Health, Education, and Welfare (35 F.R. to § 30.19 of 10 CFR 30. to provide for the safe use of tri (mixed 3685-92 et seq., February 25, 1970) is 1. The wrist compass is designed for mono- and dinonylphenyl) phosphite as amended as follows: use primarily by hunters and campers. It an antioxidant and/or stabilizer in the In section 6B “Organization” (j) “Of­ is 1% inches in diameter and %-inch manufacture of pressure-sensitive ad­ fice of the Assistant Commissioner for high and is encased in a brass housing hesives for food-contact use. Education and Information” is super­ with a %c-inch wall and a %2-inch base. seded by the following: It is covered with a Vic-inch thick acrylic Dated: July 27,1971. (j) Office of the Assistant Commis­ face plate. sioner for Public Affairs. Advises and V irgil O . W odicka, 2. Each compass contains up to 2 mCi Director, Bureau of Foods. assists the Commissioner concerning public affairs and consumer education. of promethium 147 (Pm-147) as 3M [FR Doc.71-11061 Piled 8-2-71;8:49 am] Model 1A2A radioluminescent paint ap­ Plans, coordinates, and participates in plied to the dial and inside the face plate. a comprehensive public affairs program The radioactive promethium 147 in fee that will create a positive atmosphere for Office of the Secretary paint is fixed in 3M Brand Radiating FDA regulatory programs and will be Microspheres. conducive to the FDA personnel recruit­ HEALTH SERVICES AND MENTAL 3. Each exempt compass will bear a HEALTH ADMINISTRATION ment effort; acts as a focal point for dis­ semination of news concerning FDA label identifying the distributor (3M) Statement of Organization, Functions, activities. and the radioisotope (Pm-147). and Delegations of Authority Plans and conducts consumer educa­ A copy of the license and a safety tion programs. evaluation containing additional infor­ Part 3 (Health Services and Mental Develops and coordinates a program of mation, prepared by the Division of Health Administration) of the State­ liaison with the medical profession de­ Materials Licensing, are available for ment of Organization, Functions, and signed to further understanding and sup­ public inspection at the Commission’s Delegations of Authority for the Depart­ port for FDA activities. Public Document Room at 1717 H Street ment of Health, Education, and Welfare Provides editorial, design, and graphic NW., Washington, DC 20545. (33 F.R. 15953, October 30, 1968), as arts services. Dated at Bethesda, Md., July 26, 1971. amended, is hereby amended with regard Answers public inquiries and corre­ to section 3-B, “ Organization,” as sponds with the public on topics of con­ For the Atomic Energy Commission. follows: sumer interest. R ichard E. C u n n in g h a m , Below the centerhead “Center for Approved: June 26, 1971. Acting Director, Disease Control (3G00),” change the Division of Materials Licensing. opening paragraph to read as follows: R onald B rand, (1) Plans, conducts, coordinates, sup­ Acting Assistant Secretary [FR Doc.71-11030 Filed 8-2-71;8:46 am] ports, and evaluates a national program for Administration and Management. for the prevention and control, including interstate spread, of communicable and [PR Doc.71-11078 Piled 8-2-71:8:50 am] vector-borne diseases and other prevent­ CIVIL AERONAUTICS BOARD able conditions—including those related to malnutrition—through (a) surveil­ Social Security Administration AIR WEST lance, (b) research and development, DEPUTY COMMISSIONER ET AL. Notice of Application for A m e n d m e n t (c) epidemiologic studies, (d) consulta­ of Certificate of Public Convenience tion and training, (e) public information Delegation of Authority To Issue and education, (f) technical assistance, Subpenas and Necessity Ju l y 26, 1971. (g) community demonstrations, and (h) Correction control of importation and interstate Notice is hereby given that the Civil shipment of étiologie agents and vectors; In F.R. Doc. 71-10688 appearing at Aeronautics Board on July 26, 1971, re­ (2) directs and enforces foreign quaran­ page 13941 in the issue of Wednesday, ceived an application, Docket 23659, tine activities and regulations; (3) pro­ July 28, 1971, the area of authority for from Hughes Air Corp. doing business

FEDERAL REGISTER. VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 NOTICES 14281

as Air West for amendment of its certifi­ lce since it was first hyphenated with eventual approval, subject to condition, cate of public convenience and necessity Oshkosh in 1964,* and the extent to which on an agreement adopted at the world­ for route 76 to provide nonstop serv­ air travelers destined for Appleton may wide cargo rate conference in Singa­ ice between Santa Ana, Calif., and San be confused by the present hyphenated pore. The agreement incorporates a pro­ Francisco, Calif. The applicant requests designation.6 Inasmuch as the commu­ cedural resolution relating to the es­ that its application be processed under nity itself is requesting decertification tablishment of Mid and South Atlantic the expedited procedures set forth in as a point on North Central’s system, and specific commodity rates. Subpart M of Part 302 (14 CFR Part desires to rely on the noncertificated In deferring action on the agreement, 302). scheduled service provided by Air Wis­ 10 days were granted in which interested [seal] H arry J. Z i n k , consin, we believe that an early hearing persons might file petitions in support Secretary. on the issues raised by the Appleton of or in opposition to the proposed ac­ request would be desirable. tion. No petitions have been received [FR Doc.71-11085 Filed 8-2-71;8:50 am] Accordingly, it is ordered, That: within the filing period, and the tenta­ 1. The motion of Outagamie County, tive conclusions in Order 71-7-74 will [Docket No. 21115; Order 71-7-163] Wis., the city of Appleton, Wis., and the herein be made final. Appleton Area Chamber of Commerce Accordingly, it is ordered, That: OUTAGAMIE COUNTY, WIS., ET AL. for leave to file an otherwise unauthor­ Agreement CAB 22460, R-7, be and Order Granting Reconsideration and ized document be and it hereby is hereby is approved, provided that rates granted; Setting Matter for Hearing established to/from points in Puerto 2. The petition of Outagamie County, Rico and the U.S. Virgin Islands pur­ Adopted by the Civil Aeronautics Wis., the city of Appleton, Wis., and the suant to said resolution shall be filed Board at its office in Washington, D.C., Appleton Area Chamber of Commerce, with the Board as agreements under sec­ on the 28th day of July 1971. for reconsideration of Order 71-1-69 be tion 412 of the Federal Aviation Act of Outagamie County, Wis., the city of and it hereby is granted; 1958 and approved by the Board prior Appleton, Wis., and the Appleton Area 3. The motion of Outagamie County, to being placed in effect. Chamber of Commerce (hereinafter re­ Wis., the city of Appleton, Wis., and the This order will be published in the ferred to as the Appleton Parties) have Appleton Area Chamber of Commerce F ederal R egister. filed a petition for reconsideration of for hearing on their petition in Docket Order 71-1-69, insofar as that order de­ 21115, be and it hereby is granted; [ seal] H arry J. Z i n k , nied their request for an immediate 4. The Appleton Parties’ application, Secretary. hearing on their application, Docket Docket 21115, be and it hereby is set for [FR Doc.71-11087 Filed 8-2-71;8:51 am] 21115, to amend the certificate of North hearing before an Examiner of the Central Airlines, Inc. (North Central), Board at a time and place to be here­ for Route 86 so as to redesignate the after designated; hyphenated point Oshkosh-Appleton as Oshkosh.1 Answers in support of the Ap­ 5. Motions or petitions for modifica­ FEDERAL HOME LOAN BANK BOARD pleton Parties’ petition have been filed by tion or reconsideration of this order shall [HvC.No. 103] the National Air Transportation Con­ be filed no later than 20 days after the ference (NATO2 and by Air Wisconsin.8 date of service of this order, and answers TRANS-COAST INVESTMENT CO. to such pleadings shall be filed no later North Central has filed an answer op­ Notice of Receipt of Application for posing the relief requested and also op­ than 20 days thereafter; and posing Appleton’s motion for leave to 6. A copy of this order shall be served Approval of Acquisition of Control file late. upon North Central Airlines, Inc., Air of Independent Savings and Loan Upon consideration of the foregoing Wisconsin, Inc., the cities of Appleton, Association pleadings and all relevant facts, we have Oshkosh, Neenah, Menasha, and Pond du Lac, Wis., Outagamie County, Wis., J u l y 29,1971. decided to grant the Appleton Parties’ Notice is hereby given that the Fed­ petition for reconsideration of Order 71- Winnebago County, Wis., and the Gov­ 1-69, and to set for hearing their appli­ ernors of Wisconsin, Illinois, Minnesota, eral Savings and Loan Insurance Corpo­ cation for decertification of Appleton as Indiana, and Michigan. ration has received an application from part of a hyphenated point. This order will be published in F ederal the Trans-Coast Investment Co., Sher­ Upon reconsideration of our decision R egister. man Oaks, Calif., a multiple savings and in Order 71-1-69, we believe that the By the Civil Aeronautics Board. loan holding company, for approval of petition for reconsideration of the Apple- acquisition of control of the Independ­ [ seal] H arry J. Z i n k , ton Parties sets forth matters demon­ ent Savings and Loan Association, Sa­ strating that the application for de­ Secretary. linas, Calif., an insured institution certification of Appleton should be set [FR Doc.71-11086 Filed 8-2-71;8:50 am] for hearing. In particular, the Appleton under the provisions of Section 408(e) Parties have shown that there is a need of the National Housing Act, as to investigate the extent to which the [Docket No. 23333; Order 71-7-165] amended (12 U.S.C. 1730a(e)), and City of Appleton has now emerged as a INTERNATIONAL AIR TRANSPORT § 584.4 of the Regulations for Savings separate marketing entity for air serv- ASSOCIATION and Loan Holding Companies, said ac­ Order Regarding Cargo Matters quisition to be effected by the purchase 1 Appleton’s petition for reconsideration for cash of the guarantee stock of In­ was accompanied by a motion for leave to Issued under delegated authority July nie an untimely pleading. We bave decided 28,1971. dependent Savings and Loan Associa­ o accept Appleton’s late-filed petition for By Order 71-7-74, dated July 14, 1971, tion. Comments on the proposed acqui­ reconsideration. action was deferred with a view toward sition should be submitted to the Di­ 2 NATO is organized as an association of air taxi operators and its answer is filed in rector, Office of Examinations and ehalf of six of its constituent members 4 North Central Area Airline Service Air­Supervision, Federal Home Loan Bank (Air Wisconsin, Amityville Flying Service, port Investigation, 41 CAB 326 (1964). Board, Washington, D.C. 20552, within cross Sound Commuter, Henson Aviation, 6 The hyphenated point Oshkosh -Appleton 30 days of the date this notice appears 3 ASton Metro Airlines, and Key Airlines). is served by North Central Airlines through F ederal R egister. « Wisconsin’s filing was nominally a the Winnebago County Airport which is near in the petition for leave to intervene” but, inas- Oshkosh and approximately 20 miles from [ seal] G renville L. M illard, Jr., nfA* 95 ^ advances arguments in support Appleton. The New Outagamie County Air­ Assistant Secretary, Appleton’s request in the nature of an port, near Appleton, is served by Air Wis­ side^it t0 PleadinSi we will so con- consin, a commuter air carrier but not by Federal Home Loan Bank Board. North Central. [FR Doc.71-11083 Filed 8-2-71;8:50 am]

FEDERAL REGISTER, V O L 36, NO. 149— TUESDAY, AUGUST 3, 1971 14282 NOTICES Take further notice that, pursuant to 1.8 or 1.10). All protests filed with the FEDERAL POWER COMMISSION the authority contained in and subject Commission will be considered by it in to the jurisdiction conferred upon the determining the appropriate action to [Docket No. CI72-48] Federal Power Commission by sections be taken but will not serve to make the MOBIL OIL CORP. 7 and 15 of the Natural Gas Act and the protestant parties to the proceeding. Commission’s rules of practice and pro­ Persons wishing to become parties to a Notice of Application cedure, a hearing will be held withoût proceeding or to participate as a party J u l y 30, 1971. further notice before the Commission on in any hearing therein must file peti­ this application if no petition to inter­ tions to intervene in accordance with the Take notice that on July 22, 1971, Mo­ Commission’s rules. The filing is avail­ bil Oil Corp. (applicant), Post Office Box vene is filed within the time required herein, if the Commission on its own re­ able at the Commission’s office for public 1774, Houston, TX 77001, filed in Docket inspection. No. CI72-48 an application pursuant to view of the matter finds that a grant of the certificate is required by the public K en neth F . Plum b, section 7(c) of the Natural Gas Act for Secretary. a certificate of public convenience and convenience and necessity. If a petition for leave to intervene is timely filed, or [FR Doc.71-11144 Filed 8-2-71;8:51 am] necessity authorizing the sale for resale if the Commission on its own motion and delivery of natural gas in interstate believes that a formal hearing is re­ commerce to Texas Eastern Transmis­ [Docket No. CP71-252] sion Corp. (Texas Eastern) in Jackson quired, further notice of such hearing will be duly given. TRANSCONTINENTAL GAS PIPE LINE County, Tex., or at other mutually agree­ Under the procedure herein provided able points on Texas Eastern’s pipeline CORP. system, all as more fully set forth in for, unless otherwise advised, it will be unnecessary for applicant to appear or Notice of Petition To Amend the application which is on file with be represented at the hearing. the Commission and open to public J u l y 22, 1971. inspection. K e n n e th F. P l u m b , Secretary. Take notice that on July 13, 1971, Applicant states that it either has or Transcontinental Gas Pipe Line Corp. will in the near future commence the [FR Doc.71-11145 Filed 8-2-71;8:51 am] (petitioner), Post Office Box 1396, subject sale within the contemplation Houston, TX 77001, filed in Docket No. of § 157.29 of the regulations under the [Docket No. RP72-11] CP71-252 a petition to amend the order Natural Gas Act (18 CFR 157.29) and of the Commission, issued pursuant to that it proposes to continue said sale NORTH PENN GAS CO. section 7(c) of the Natural Gas Act on within the contemplation of § 2.70 of the July 2, 1971 (46 FPC—), in said docket, Commission’s General Policy and Inter­ Notice of Proposed Changes in Rates by authorizing an allocation of additional pretations (18 CFR 2.70) through and Charges long-term and 1-year GSS natural gas June 30, 1972, at the rate of 35 cents per Ju l y 30, 1971. storage service, .all as more fully set Mcf at 14.65 p.s.i.a. forth in the petition to amend which is It appears reasonable and consistent Take notice that on July 12, 1971, on file with the Commission and open to North Penn Gas Co. (North Penn) filed with the public interest in this case to public inspection. prescribe a period shorter than 15 days revised tariff sheets to its FPC Gas Tariff (Twentieth Revised Sheets Nos. 4 and 5 The order of July 2, 1971, issued in for the filing of protests and petitions lead Docket No. CP71-251 et al., author­ to intervene. Therefore, any person de­ to its FPC Gas Tariff First Revised Vol­ ume No. 1), to be effective as of August ized, inter alia, the rendition of addi­ siring to be heard or to make any pro­ tional natural gas storage service for test with reference to said application 11, 1971. The proposed changes would increase jurisdictional revenues by ap­ petitioner by Consolidated Gas Supply should on or before August 13, 1971, file Corp. and the construction and opera­ with the Federal Power Commission, proximately $90,000 based on operations for the 12-month period ended May 31, tion of facilities by petitioner to enable Washington, D.C. 20426, a petition to it to pass this service on to its customers. intervene or a protest in accordance with 1971. North Penn states that the purpose of the filing is to track the rate increases The total increase in the volumes of gas the requirements of the Commission’s available as a result of the storage serv­ rules of practice and procedure (18 CFR of its suppliers—Consolidated Gas Sup­ 1.8 or 1.10). All protests filed with the ply Co., Transcontinental Gas Pipeline ice is approximately 7,250,000 Mcf, with Commission will be considered by it in Co., and Tennessee Gas Pipeline Co. an increase in petitioner’s long-term determining the appropriate action to be Any person desiring to be heard or to daily entitlement of approximately 90,- taken but will not serve to make the pro- make protest with respect to said filing should on or before August 5, 1971, file 000 Mcf and short-term daily entitle­ testants parties to the proceeding. Any ment of 45,000 Mcf. No allocation of this person wishing to become a party to a with the Federal Power Commission, proceeding or to participate as a party Washington, D.C. 20426, petitions to in­ service was heretofore proposed in in any hearing therein must file a peti­ tervene or protests in accordance with Docket No. CP71-252. Petitioner now tion to intervene in accordance with the the requirements of the Commission’s submits the following proposed alloca­ Commission’s rules. rules of practice and procedure (18 CFR tion of service:

FEDERAL REGISTER, V O L 36, NO. 149— TUESDAY, AUGUST 3, 1971 NOTICES 14283

filed with the Board. Communications Customer Long term 1 year should be addressed to the Secretary, Board of Governors of the Federal Re­ Demand Capacity Demand Capacity serve System, Washington, D.C. 20551. The application may be inspected at the Alexander City, Ala...... 70 3,960 35 1,750 Atlanta Gas Light Co...... 6,070 337,820 3,065 153,250 office of the Board of Governors or the Bowman, Ga__-______10 550 5 250 Federal Reserve Bank of kansas City. Brooklyn Union Gas Co______i...... 9,600 534,180 4,845 242,250 Buford, Ga------'___ •____ 76 4,060 35 1,750 Board of Governors, July 27, 1971. Carolina Pipe Line Co._.______605 33,650 . Consolidated Edison Co. of New York.. 6,445 358,660 3,255 162,750 [ seal] K enneth A. K e n y o n , Danville, Va...... 825 45,920 420 21,000 Delmarva Power & Light Co.______2,140 119,140 1,080 54,000 Deputy Secretary. Eastern Shore Natural Gas Co______690 38,460 350 17,500 [FR Doc.71-11024 Filed 8-2-71;8:45 am] Elizabethtown Gas Co__ i______2,495 138,720 1,255 62,750 Fort Hill Natural Gas Co_____ :...... 330 16,500 170 8,500 Fountain Inn, S.C..______40 2,350 20 1,000 Greenwood, S .C ...... 145 7,250 75 3,750 Hartwell, Ga...... 55 3,100 30 1,500 FIRST SECURITY NATIONAL CORP. Laurens, S.C______205 11,470 105 5,250 Lexington, N.Q______380 21,030 190 9,500 Notice of Application for Approval of Long Island Lighting C o ...... 5,970 332,270 3,010 150,500 Madison, Ga______20 1,000 10 500 Acquisition of Shares of Bank Monroe, Ga...... 80 4,560 40 2,000 North Carolina Gas Service______300 16,730 150 7,500 Notice is hereby given that applica­ Pennsylvania Gas & Water Co...... 4,400 244,730 2,220 111,000 tions have been made, pursuant to sec­ Philadelphia Electric C o ...... 5,960 331,720 3,005 160,250 tion 3(a)(3) of the Bank Holding Philadelphia Gas Works______5,375 298,960 2,710 135,500 Piedmont Natural Gas Co...... 8,015 445,940 4,040 202,000 Company Act of 1956 (12 U.S.C. 1842(a) Public Service Co. of North Carolina___ 5,715 317,940 2,880 144,000 (3)), by First Security National Corp., Public Service Electric & Gas Co______17, 275 961,190 8| 715 435,750 Shelby, N.C______240 13,370 120 6,000 which is a bank holding company lo­ Social Circle, Ga______. . . . ____ 25 1,300 10 500 cated in Beaumont, Tex., for prior ap­ South Jersey Gas Co______3,845 214,030 1,945 97,250 Southwestern Virginia Gas Co___ ...... 215 10,750 . proval by the Board of Governors of Sugar Hill, Ga______25 1,300 10 500 the acquisition by applicant of the Tri-County Natural Gas Co______40 2,100 . 20 1,000 following: UGI Corp. (Hazleton)______285 15,880 150 7,500 Union, S.C.______145 7,960 70 3,500 (1) 56.95 percent of the voting shares Union Gas Co______440 24,540 225 11,250 of the Sour Lake State Bank, Sour Lake, United Cities Gas Co.—Georgia Division. 645 32,250 320 16,000 Wedowee, Ala...... 10 500 10 500 Tex.; Winder, Ga______120 6,860 60 3,000 (2) 51 percent of the voting shares of Total..'...... 89,325 4,962,700 44,655 2,232,750 the Peoples State Bank of Kountze, Kountze, Tex., and (3) 24 percent of the voting shares Petitioner requests that the order of Act of 1956 (12 U.S.C. 1842(a)(3)), by of The Village State Bank, Beaumont, the Commission heretofore issued in Affiliated Bankshares of Colorado, Inc., Tex.; Docket No. CP71-252, be amended to pro­ which is a bank holding company located Notice of application made by appli­ vide for this ^location of GSS storage in Boulder, Colo., for prior approval by cant to acquire 37.5 percent of the Gate­ service. the Board of Governors of the acquisi­ way National Bank of Beaumont, Beau­ Any person desiring to be heard or to tion by Applicant of 80 percent or more mont, Tex., was published in the F ed­ make any protest with reference to said of the voting shares of University Na­ eral R egister on July 23, 1971 (36 F .R . petition to amend should on or before tional Bank of Fort Collins, Fort Collins, 13709). August 13, 1971, file with the Federal Colo. Section 3(c) of the Act provides that Power Commission, Washington, D.C. Section 3(c) of the Act provides that the Board shall not approve: 20426, a petition to intervene or a pro­ the Board shall not approve: (1) Any acquisition or merger or con­ test in accordance with the requirements (1) Any acquisition or merger or con­ of the Commission’s rules of practice and solidation under section 3 which would solidation under section 3 which would result in a monopoly, or which would be procedure (18 CFR 1.8 or 1.10) and the result in a monopoly, or whiqh would be regulations under the Natural Gas Act in furtherance of any combination or in furtherance of any combination or conspiracy to monopolize or to attempt (18 CFR 157.10). All protests filed with conspiracy to monopolize or to attempt the Commission will be considered by it to monopolize the business of banking to monopolize the business of banking in any part of the United States, or in determining the appropriate action to in any part of the United States, or be taken but will not serve to make the (2) Any other proposed acquistion or (2) Any other proposed acquisition or merger or consolidation under section 3 Protestants parties to the proceeding. merger or consolidation under section 3 Any person wishing to become a party to whose effect in any section of the coun­ whose effect in any section of the coun­ try may be substantially to lessen com­ a proceeding or to participate as a party try may be substantially to lessen compe­ in any hearing therein must file a pe­ petition, or to tend to create a monopoly, tition, or to tend to create a monopoly, or which in any other manner would be tition to intervene in accordance with the or which in any other manner would be Commission’s rules. in restraint of trade, unless the Board in restraint of trade, unless the Board finds that the anticompetitive effects of K enneth F. P lum b, finds that the anticompetitive effects of the proposed transaction are clearly Secretary. the proposed transaction are clearly out­ outweighed in the public interest by the [PR Doc.71-10976 Piled 8-2-71;8:45 am] weighed in the public interest by the probable effect of the transaction in probable effect of the transaction in meeting the convenience and needs of meeting the convenience and needs of the community to be served. the community to be served. Section 3(c) further provides that, in FEDERAL RESERVE SYSTEM Section 3(c) further provides that, in every case, the Board shall take into every case, the Board shall take into con­ consideration the financial and mana­ a ffilia ted b a n k s h a r es o f sideration the financial and managerial gerial resources and future prospects of resources and future prospects of the COLORADO, INC. the company or companies and the company or companies and the banks banks concerned, and the convenience Notice of Application for Approval of concerned, and the convenience and and needs of the community to be Acquisition of Shares of Bank needs of the community to be served. served. Not later than thirty (30) days after Not later than thirty (30) days after Notice is hereby given that application the publication of this notice in the F ed­ has been made, pursuant to section the publication of this notice in the F ed­ eral R egister, comments and views re­ eral R egister, comments and views re­ 3(a)(3) of the Bank Holding Company garding tiie proposed acquisition may be garding the proposed acquisitions may be

FEDERAL REGISTER, V O L 36, NO. 149— TUESDAY, AUGUST 3, 1971 14284 NOTICES filed with the Board. Communications located in Bland County, and there is company located in Galveston, Tex., for should be addressed to the Secretary, no competition between it and Appli­ prior approval by the Board of Gover­ Board of Governors of the Federal Re­ cant’s closest subsidiary located in Nar­ nors of the indirect acquisition (through serve System, Washington, D.C. 20551. rows, 21 miles northeast of Rocky Gap. its wholly owned subsidiary United States The applications may be inspected at the For geographic reasons such competition National Bancshares, Inc., Galveston, office of the Board of Governors or the appears unlikely to develop, and the de­ Tex.) of approximately 61 percent of Federal Reserve Bank of Dallas. clining population of the Bland area the voting shares of Sugar Land State makes de novo entry by Applicant un­ Bank, Sugar Land, Tex. Board of Governors, July 28, 1971. likely. Consummation of the proposed Section 3(c) of the Act provides that [ seal] K enneth A. K en y o n , transaction would neither eliminate ex­ the Board shall not approve: Deputy Secretary. isting competition, foreclose potential (1) Any acquisition or merger or con­ solidation under section 3 which would [FR Doc.71-11021 Filed 8-2-71;8:45 am] competition, nor have adverse effects on the viability or competitive effectiveness result in a monopoly, or which would be of any competing banks. The proposal, by in furtherance of any combination or allowing Bank to provide full banking conspiracy to monopolize or to attempt FIRST VIRGINIA BANKSHARES CORP. services, might strengthen Bank’s ability to monopolize the business of banking in Order Approving Acquisition of Bank to compete for Bland County deposits any part of the United States, or Stock by Bank Holding Company with Banks in Wytheville, Va., and Blue- (2) Any other proposed acquisition or field, W. Va., and thus stimulate com­ merger or consolidation under section 3 In the matter of the application of petition. Based upon the foregoing, the whose effect in any section of the country First Virginia Bankshares Corp., Arling­ Board concludes that consummation of may be substantially to lessen competi­ ton, Va., for approval of acquisition of the proposed acquisition would not have tion, or to tend to create a monopoly, or 80 percent or more of the voting shares of an adverse effect on competition in any which in any other manner would be in the successor by merger to Bank of Bland relevant area, and might have a procom- restraint of trade, unless the Board finds County, Bland, Va. petitive effect in Bland County. that the anticompetitive effects of the There has come before the Board of. Applicant, through Bank, proposes to proposed transaction are clearly out­ Governors, pursuant to section 3(a)(3) introduce to the area additional types of weighed in the public interest by the of the Bank Holding Company Act of deposit services, such as certificates of probable effect of the transaction in 1956 (12 U.S.C. 1842(a) (3)), and § 222.3 deposit, additional loan services, such as meeting the convenience and needs of (a) of Federal Reserve Regulation Y (12 overdraft checking accounts, and trust the community to be served. CFR 222.3(a)), an application by First services, and considerations relating to Section 3(c) further provides that, in Virginia Bankshares Corp., Arlington, the convenience and needs of the com­ every case, the Board shall take into con­ Va. (Applicant), a registered bank hold­ munities to be served lend strong weight sideration the financial and managerial ing company, for the Board’s prior ap­ in favor of approval due to the proposed resources and future prospects of the proval of the acquisition of 80 percent local availability of full banking services. company or companies and the banks or more of the voting shares of the suc­ Considerations relating to the banking concerned, and the convenience and cessor by merger to Bank of Bland factors lend some weight toward approval needs of the community to be served. County, Bland, Va. (Bank). of the application, in that Bank’s finan­ Not later than thirty (30) days after As required lay section 3(b) of the Act, cial condition and prospects, although the publication of this notice in the Fed­ the Board gave written notice of receipt generally satisfactory, would be en­ eral R egister, comments and views re­ of the application to the Virginia Com­ hanced through affiliation with Appli­ garding the proposed acquisition may be missioner of Banking, and requested his cant. It is the Board’s judgment that the filed with the Board. Communications views and recommendation. The Com­ proposed transaction would be in the should be addressed to the Secretary, missioner recommended approval. public interest and should be approved. Board of Governors of the Federal Re­ Notice of receipt of the application was ^It is hereby ordered, For the reasons serve System, Washington, D.C. 20551. published in the F ederal R egister on set forth above, that said application be The application may be inspected at the June 9, 1971 (36 F.R. 11127) , providing and hereby is approved, provided that office of the Board of Governors or the an opportunity for interested persons to the acquisition so approved shall not be Federal Reserve Bank of Dallas. submit comments and views with respect consummated (a) before the 30th calen­ to the proposal. A copy of the applica­ By order of the Board of Governors, dar day following the date of this order, July 26,1971. tion was forwarded to the U.S. Depart­ or (b) later than 3 months after the date ment of Justice for its consideration. of this order, unless such period is ex­ [ seal] K enneth A. K enyon, Time for filing comments and views has tended for good cause by the Board, or Deputy Secretary. expired and all those received have been by the Federal Reserve Bank of Rich­ [FR Doc.71-11028 Filed 8-2-71; 8:45 am] considered. mond, pursuant to delegated authority. The Board has considered the applica­ tion in the light of the factors set forth By order of the Board of Governors,1 MID AMERICA BANCORPORATION, July 26, 1971. in section 3(c) of the Act, including the INC. effect of the proposed acquisition on com­ [ seal] K enneth A. K e n y o n , petition, the financial and managerial re­ Deputy Secretary. Notice of Application for Approval of sources and future prospects of the Ap­ Acquisition of Shares of Bank plicant and the hanks concerned, and [FR Doc.71-11029 Filed 8-2-71:8:46 am] the convenience and needs of the com­ Notice is hereby given that application munities to be served, and finds that: has been made, pursuant to section 3(a) Applicant is the sixth largest banking GALBANK, INC. (3) of the Bank Holding Company Act of organization and the fifth largest hold­ 1956 (12 U.S.C. 1842(a)(3)), by Mid ing company in Virginia, controlling 15 Notice of Application for Approval of America Bancorporation, Inc., which is banks with $474.5 million in deposits. Acquisition of Shares of Bank a bank holding company located in St. (Banking data are as of June 30, 1971, Paul, Minn., for prior approval by the Notice is hereby given that applica­ Board of Governors of the acquisition by and reflect holding company acquisitions tion has been made, pursuant to section and formations approved by the Board applicant of 90 percent or more of the 3(a) (3) of the Bank Holding Company voting shares of Mid America State Bank to date.) Acquisition of Bank (deposits Act of 1956 (12 U.S.C. 1842(a)(3)), by of Mendota Heights, Mendota Heights, $4 million) would not change Applicant’s Galbank, Inc., which is a bank holding ranking and consummation of the pro­ Minn., a proposed new bank. Section 3(e) of the Act provides that posal would not increase concentration 1 Voting for this action: Governors in any market. Mitchell, Daane, Maisel, and Brimmer. Ab­ the Board shall not approve: (1) Any acquisition or merger or con­ Bank, located in Bland and having a sent and not voting: Chairman Burns and branch at Rocky Gap, is the only bank Governors Robertson, and Sherrill. solidation under section 3 which would

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 NOTICES 14285

result in a monopoly, or which would probable effect of the transaction in should be addressed to the Secretary, be in furtherance of any combination or meeting the convenience and needs of Board of Governors of the Federal Re­ conspiracy to monopolize or to attempt the community to be served. serve System, Washington, D.C. 20551. to monopolize the business of banking in Section 3(c) further provides that, in The application may be inspected at the any part of the United States, or every case, the Board shall take into office of the Board of Governors or the (2) Any other proposed acquisition orconsideration the financial and mana­ Federal Reserve Bank of Kansas City. merger or consolidation under section 3 gerial resources and future prospects of whose effect in any section of the country the company or companies and the banks Board of Governors, July 27, 1971. may be substantially to lessen competi­ concerned, and the convenience and [ seal] K en neth A . K e n y o n , tion, or to tend to create a monopoly, or needs of the community to be served. Deputy Secretary. which in any other manner would be in Not later than thirty (30) days after [FR Doc.71-11025 Filed 8-2-71;8:45 am] restraint of trade, unless the Board finds the publication of this notice in the F ed­ that the anticompetitive effects of the eral R egister, comments and views re­ proposed transaction are clearly out­ garding the proposed acquisition may be weighed in the public interest by the filed with the Board. Communications UNITED CAROLINA BANCSHARES probable effect of the transaction in should be addressed to the Secretary, CORP. meeting the convenience and needs of Board of Governors of the Federal Re­ Notice of Application for Approval of the community to be served. serve System, Washington, D.C. 20551. Section 3(c) further provides that, in The application may be inspected at the Acquisition of Shares of Bank every case, the Board shall take into con­ office of the Board of Governors or the Notice is'hereby given that application sideration the financial and managerial Federal Reserve Bank of Minneapolis. has been made, pursuant to section 3(a) resources and future prospects of the Board of Governors, July 28, 1971. (3) of the Bank Holding Company Act of company or companies and the banks 1956 (12 U.S.C. 1842(a)(3)), by United concerned, and the convenience and [ seal] K e n n e t h A . K e n y o n , Carolina Bancshares Corp., which is a needs of the community to be served. Deputy Secretary. bank holding company located in White- Not later than thirty (30) days after [FR Doc.71-11022 Filed 8-2-71;8:45 am] ville, N.C., for prior approval by the the publication of this notice in the Board of Governors of the acquisition by Federal R egister, comments and views applicant of 100 percent of the voting regarding the proposed acquisition may SECURITY CORP. shares (less directors’ qualifying shares) be filed with the Board. Communications of the successor by merger to Cape Fear should be addressed to the Secretary, Notice of Application for Approval of Bank and Trust Co., Fayetteville, N.C. Board of Governors of the Federal Re­ Acquisition of Shares of Bank Section 3(c) of the Act provides that serve System, Washington, D.C. 20551. Notice is hereby given that application the Board shall not approve: The application may be inspected at the has been made, pursuant to section 3(a) (1) Any acquisition or merger or con­ office of the Board of Governors or the (1) of the Bahk Holding Company Act solidation under section 3 which would Federal Reserve Bank of Minneapolis. of 1956 (12 U.S.C. 1842(a) (1)), by Secu­ result in a monopoly, or which would be Board of Governors, July 27, 1971. rity Corp., Duncan, Okla., for pripr ap­ in furtherance of any combination or proval by the Board of Governors of conspiracy to monopolize or to attempt [seal] K e n n e t h A . K e n y o n , action whereby applicant would become to monopolize the business of banking in Deputy Secretary. a bank holding company through the any part of the United States, or [FR Doc.71-11026 Filed 8-2-71;8:45 am] acquisition of 89.75 percent of the voting (2) Any other proposed acquisition or shares of The Security National Bank & merger or consolidation under section 3 Trust Co. of Duncan, Duncan, Okla. whose effect in any section of the coun­ NORTHWEST BANCORPORATION Section 3(c) of the Act provides that try may be substantially to lessen compe­ Notice of Application for Approval of the Board shall not approve: tition, or to tend to create a monopoly, (1) Any acquisition or merger or con­ or which in any other manner would be Acquisition of Shares of Bank solidation under section 3 which would in restraint of trade, unless the Board Notice is hereby given that applica­ result in a monopoly, or which would be finds that the anticompetitive effects of tion has been made, pursuant to section in furtherance of any combination or the proposed transaction are clearly out­ 3(a)(3) of the Bank Holding Company conspiracy to monopolize or to attempt weighed in the public interest by the Act of 1956 (12 TJ.S.C. 1842(a)(3)), by to monopolize the business of banking in probable effect of the transaction in Northwest Bancorporation, which is a any part of the United States, or meeting the convenience and needs of the bank holding company located in (2) Any other proposed acquisition or community to be served. Minneapolis, Minn., for prior approval merger or consolidation under section 3 Section 3(c) further provides that, in by the Board of Governors of the ac­ whose effect in any section of the coun­ every case, the Board shall take into con­ quisition by applicant of 90 percent or try may be substantially to lessen com­ sideration the financial and managerial more of the voting shares of Farmers and petition, or to tend to create a monopoly, resources and future prospects of the Merchants State Bánk, Stillwater, Minn. or which in any other manner would be company or companies and the banks Section 3(c) of the Act provides that in Restraint of trade, unless the Board concerned, and the convenience and the Board shall not approve: finds that the anticompetitive effects of needs of the community to be served. W Any acquisition or merger or con­ the proposed transaction are clearly out­ Not later than thirty (30) days after solidation under section 3 which would weighed in the public interest by the the publication of this notice in the F ed­ result in a monopoly, or which would be probable effect of the transaction in eral R egister, comments and views re­ m furtherance of any combination or meeting the convenience and needs of the garding the proposed acquisition may be conspiracy to monopolize or to attempt community to be served. filed with the Board. Communications to monopolize the business of banking in Section 3(c) further provides that, in should be addressed to the Secretary, any Part of the United States, or every case, the Board shall take into con­ Board of Governors of the Federal Re­ (2) Any other proposed acquisition or sideration the financial and managerial serve System, Washington, D.C. 20551. merger or consolidation under section 3 resources and future prospects of the whose effect in any section of the coun- company or companies and the banks The application may be inspected at the try may be substantially to lessen com­ concerned, and the convenience and office of the Board of Governors or the petition, or to tend to create a monopoly, needs of the community to be served. Federal Reserve Bank of Richmond. pr which in any other manner would be Not later than thirty (30) days after Board of Governors, July 27, 1971. m restraint of trade, unless the Board the publication of this notice in the F ed­ [ seal] K e n n e t h A . K e n y o n , jmds that the anticompetitive effects of eral R egister, comments and views re­ the proposed transaction are clearly out­ garding the proposed acquisition may be Deputy Secretary. weighed in the public interest by the filed with the Board. Communications [FR Doc.71-11023 Filed 8-2-71;8:45 am]

No. 149 FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 14286 NOTICES The Company alleges that: UNITED STATES NATIONAL under the Los Angeles Regional Office as of July 1, 1971, to subparagraph (6) of (1) It has issued and outstanding $50 BANCSHARES, INC. paragraph (b) : million principal amount of 5ya percent Notice of Application for Approval of Field Stations: Federal Trade Com­ debentures due August 15,1992, under an indenture, dated as of August 15, 1967 Acquisition of Shares of Bank mission, Room 828, Amerco Towers Building, 2721 North Central Avenue, (the “ 1967 Indenture” ), between the - Notice is hereby given that application Phoenix, AZ 85004; Federal Trade Com­ Company and FNCB and qualified under has been made, pursuant to section 3(a) mission, Room 1132, Bank of America the Act. (3) of the Bank Holding Company Act of Building, 625 Broadway, San Diego, CA (2) FNCB has entered into an inden­ 1956 (12 U.S.C. 1842(a)(3)), by United 92101. ture dated as of April 15, 1971 (the “ 1971 States National Bancshares, Inc., which Indenture” ), with Kimberly-Clark In­ is a bank holding company located in Effective upon publication in the F ed­ ternational Finance Corp. N. V. (K-C In- , Galveston, Tex., for prior approval by the eral R egister (8-3-71). temational) and the Company pursuant Board of Governors of the acquisition by By direction of the Commission dated to which there have been issued $20 applicant of approximately 61 percent of July 27,1971. million principal amount of K-C Inter­ the voting shares of Sugar Land State national’s 8V2 percent guaranteed deben­ [ seal] C harles A . T o b in , tures due 1986. The Company is a party Bank, Sugar Land, Tex. Secretary. Section 3(c) of the Act provides that to the 1971 Indenture solely as a guar­ the Board shall not approve: [FR Doc.71-11031 Filed 8-2-71;8:46 am] antor of the debentures issued thereun­ (1) Any acquisition or merger or con­ der. Inasmuch as the debentures issued solidation under section 3 which would under the 1971 Indenture have been of­ result in a monopoly, or which would be fered and sold outside the United States, in furtherance of any combination or SECURITIES AND EXCHANGE its territories and possessions to persons conspiracy to monopolize or to attempt who are not nationals or residents to monopolize the business of banking in COMMISSION thereof, the 1971 Indenture has not been any part of the United States, or qualified under the Act and the deben­ (2) Any other proposed acquisition or [File No. 2-27055 (22-4634) ] tures issued thereunder have not been merger or consolidation under section 3 KIMBERLY-CLARK CORP. registered under the Securities Act of whose effect in any section of the country 1933. may be substantially to lessen competi­ Notice of Application and Opportunity (3) The 1967 Indenture and the 1971 tion, or to tend to create a monopoly, or for Hearing Indenture are wholly unsecured and the which in any other manner would be in Compahy is not in default under either J u l y 28, 1971. restraint of trade, unless the Board finds indenture. All debentures issued under that the anticompetitive effects of the Notice is hereby given that Kimberly- the 1967 Indenture rank equally with proposed transaction are clearly out­ Clark Corp. (the “Company” ) has filed the guarantee df the Company of the weighed in the public interest by the an application under clause (if) of sec­ debentures issued under the 1971 Inden­ probable effect of the transaction in tion 310(b)(1) of the Trust Indenture ture. Except for variations as to amounts, meeting the convenience and needs of Act of 1939 (the “Act” ) for a finding dates, and interest rates and certain the community to be served. that the trusteeship of First National other figures, with certain exceptions set Section 3(c) further provides that, in City Bank (FNCB) under an indenture forth in the application, the provisions every case, the Board shall take into con­ heretofore qualified under the Act, and a of the 1967 Indenture and the 1971 In­ sideration the financial and managerial new indenture not qualified under the denture are substantially identical. resources and future prospects of the Act, is not so likely to involve a mate­ (4) Such differences as exist between company or companies and the banks rial conflict of interest as to make it the 1967 Indenture and the 1971 Inden­ concerned, and the convenience and necessary in the public interest or for the ture are not so likely to involve a material needs of the community to be served. protection of investors to disqualify conflict of interest as to make it neces­ Not later than thirty (30) days after FNCB from acting as Trustee under sary in the public interest or for the pro­ the publication of this notice in the F ed­ either of the indentures. tection of investors to disqualify FNCB eral R egister, comments and views re­ Section 310(b) of the Act provides in from acting as trustee under both in­ garding the proposed acquisition may be part that if a trustee under an indenture dentures. filed with the Board. Communications qualified under the Act has or shall ac-. The Company has waived notice of should be addressed to the Secretary, quire any conflicting interest, it shall hearing, and hearing, in connection with Board of Governors of the Federal Re­ within 90 days after ascertaining that it the matter referred to in this application. serve System, Washington, D.C. 20551. has such conflicting interest, either elim­ For a more detailed statement of the The application may be inspected at the inate such conflicting interest or resign. matters of fact and law asserted, all per­ office of the Board of Governors or the Subsection (1) of such section provides, sons are referred to said application, Federal Reserve Bank of Dallas. in effect, with certain exceptions, that a which is a public document on file in the trustee under a qualified indenture shall offices of the Commission at 500 North By order of the Board of Governors, be deemed to have a conflicting interest Capitol Street NW., Washington, DC July 26,1971. if such trustee is trustee under another 20549. [ seal] K e n n e th A. K e n y o n , indenture under which any other securi­ Notice is further given that any in­ Deputy Secretary. ties of the same issuer are outstanding. terested person may, not later than However, under clause (ii) of subsection August 25, 1971, request in writing that [FR Doc.71-11027 Filed 8-2-71;8:45 am] (1), there may be excluded from the a hearing be held on such matter, stating operation of this provision another in­ the nature of his interest, the reasons denture under which other securities of for such request, and the issues of fact FEDERAL TRADE COMMISSION the issuer are outstanding, if the issuer or law raised by such application which shall have sustained the burden of prov­ he desires to controvert, or he may re­ FIELD STATIONS ing, on application to the Commission quest that he be notified if the Commis­ and after opportunity for hearing sion should order a hearing thereon. Any Statement of Organization thereon, that trusteeship under the such request should be addressed: Sec­ Notice is hereby given that section 18 qualified indenture and such other in­ retary, Securities and Exchange Com­ of the Statement of Organization, pub­ denture is not so likely to involve a mate­ mission, Washington, D.C. 20549. At any lished June 30, 1970 (35 F.R. 10627), as rial conflict of interest as to make it time after said date, the Commission may amended July 23, 1970 (35 F.R. 11827), necessary in the public interest or for issue an order granting the application, and May 18, 1971 (36 F.R. 9044), is the protection of investors to disqualify upon such terms and conditions as the amended by adding the following field such trustee from acting as trustee under Commission may deem necessary or ap­ stations, which became operational either of said indentures. propriate in the public interest and the

FEDERAL REGISTER, V O L 36, NO. 149— TUESDAY, AUGUST 3, 1971 NOTICES 14287

interest of investors, unless a hearing is been advised by the management of Na­ For the Commission, by the Division ordered by the Commission. tional that the shareholders of National of Corporate Regulation, pursuant to For the Commission, by the Division do not have any present intention of delegated authority. selling the shares of Applicant to be re­ of Corporation Finance, pursuant to T heodore L . H u m e s , delegated authority. ceived upon such liquidation following the sale of assets of National to Applicant, Associate Secretary. [seal] T heodore L. H u m e s , or of redeeming any substantial number [FR Doc.71-11047 Filed 8-2-71:8:47 am] Associate Secretary. thereof. Applicant does presently intend [FR Doc.71-11050 Filed 8-2-71;8:47 am] to sell a portion of the securities acquired from National subsequent to their acqui­ [811-2115] sition as set out in the application. [812-2970] Applicant represents that no affiliation NORTHERN GROWTH FUND OF NORTHERN TRUST CO. MASSACHUSETTS INVESTORS exists between National or any director or stockholder thereof and Applicant, Notice of Application for Order De­ % GROWTH STOCK FUND, INC. and that the agreement was negotiated at arm’s-length by the principals of both claring Company Has Ceased To Be Notice of Filing of Application for an Investment Company Order Exempting Sale by Open-End corporations. Section 22(d) of the Act provides that J u l y 28, 1971. Company of Securities at Other registered open-end investment com­ Than Public Offering Price Notice is hereby given that Northern panies may sell their shares only at the Growth Fund of The Northern Trust current public offering price as described J u l y 28, 1971. Company (Applicant), 50 South La Salle in the prospectus. Section 6(c) permits Notice is hereby given that Massachu­ Street, Chicago, IL 60670, an Illinois cor­ setts Investors Growth Stock Fund, Inc. the Commission, upon application, to poration registered as a diversified open- exempt such a transaction if it finds that end management investment company (Applicant), 200 Berkeley Street, Bos­ such an exemption is necessary or appro­ ton, MA 02116, a Massachusetts corpora­ under the Investment Company Act of tion registered under the Investment priate in the public interest and consist­ 1940 (Act), has filed an application pur­ Company Act of 1940 (Act) 15 U.S.C. ent with the protection of investors and suant to section 8(f) of the Act for an the purposes fairly intended, by the policy sec. 80a-l et seq., as an open-end diversi­ and provisions of the Act. order of the Commission declaring that fied management investment company, Applicant has ceased to be an invest­ Applicant contends that the proposed has filed an application pursuant to 6(c) offering of its stock will comply with the ment company as defined in the Act. All of the Act requesting an order of the interested persons are referred to the Commission exempting from the provi­ provisions of the Act, other than section application on file with the Commission sions of section 22(d) of the Act of trans­ 22 (d), and submits that the granting of for a statement of the representations action in which Applicant’s redeemable the application would be in accordance as set forth therein; which are summar­ securities will be issued at a price other with established practice of the Commis­ ized below. sion, and is necessary or appropriate in than the current public offering price in Applicant registered under the Act on exchange for substantially all of the the public interest and consistent with the protection of investors and the pur­ September 10, 1970, by filing both a noti­ assets of National Worsted Mills, Inc. fication of registration on Form N-8A (National). All interested persons are poses fairly intended by the policy and provisions of the Act. and a registration statement on Form referred to the application on file with N-8B-1. On the same date a registration the Commission for a statement of Ap­ Notice is further given that any inter­ statement on Form S-5 was filed with plicant’s representation which are sum­ ested person may, not later than Au­ the Commission under the Securities Act marized below. gust 19, 1971 at 5:30 p.m., submit to the of 1933. National, a New York corporation, is a Commission in writing a request for a hearing on the matter accompanied by Applicant abandoned its intended pub­ personal holding company, all of whose lic offering of its units of participation outstanding stock is owned by not more a statement as to the nature of his inter­ est, the reason for such request and the because of the decision of the U.S. than 42 individuals, and is thus exempted Supreme Court in Investment Company from the definition of an investment issues of fact or law proposed to be con­ troverted, or he may request that he be Institute v. Camp, 401 UJS. 617 (1971). company and the necessity to register Applicant represents that it has no under the Act by reason of the provisions notified if the Commission shall order a hearing thereon. Any such communi­ assets or shareholders, and that no pub­ of section 3(c)(1) thereof. Pursuant to lic offering or sale of its units of partici­ an agreement between Applicant and cation should be addressed: Secretary, Securities and Exchange Commission, pation has been made or is intended to be National, assets owned by National with made. Applicant has also filed an amend­ a value of approximately $4,220,804 on Washington, D.C. 20549. A copy of such request shall be served personally or by ment to its registration statement under May 21, 1971, will be transferred to Ap­ the Securities Act of 1933 reducing the plicant in exchange for shares of Appli­ mail (airmail if the person being served cant’s stock. is located more than 500 miles from the number of units of participation regis­ point of mailing) upon Applicant at the tered thereby, and has requested with­ The number of shares of Applicant to address stated above. Proof of such serv­ drawal of its registration statement be issued to National is to be determined ice (by affidavit or in case of an attorney pursuant to Rule 477 under the Securities by dividing the aggregate market value at law by certificate) shall be filed con­ Act of 1933. of the assets of National (subject to cer­ temporaneously with the request. At any Section 3(c) (1) of the Act excepts tain adjustments as set forth in the ap­ time after said date, as provided by Rule from the definition of investment com­ plication) to be transferred to the Appli­ 0-5 of the rules and regulations promul­ pany any issuer whose outstanding cant by the net asset value per share of gated under the Act, an order disposing securities are beneficially owned by not Applicant (as defined in the agreement), of the application herein may be issued more than 100 persons, and which is not both to be determined as of the valua­ by the Commission upon the basis of the making and does not presently propose tion time. If the valuation in the agree­ information stated in said application, ment had taken place on May 4, 1971, to make a public offering of its securities. unless an order for hearing upon said Section 8(f) of the Act provides, in when the net asset value per share of Ap­ application shall be issued upon request plicant’s shares was $13.36, National pertinent part, that when the Commis­ or upon the Commssion’s own motion. sion, upon application finds that a regis­ have received approximately Persons who request a hearing or advice •143,526 shares of Applicant’s stock. as to whether a hearing is ordered, will tered investment company has ceased to ,^ken received by National, the shares receive notice of further developments be an investment company, it shall so Applicant are to be distributed to in this matter, including the date of the declare by order, and upon the taking jr® National shareholders upon the hearing (if ordered) and Any postpone­ effect of such order the registration of vttudation of National. Applicant has ments thereof. such company shall cease to be in effect.

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 14288 NOTICES [811-2116] Notice is further given that any inter­ with the Commission under the Securi­ ested person may, not later than Au­ ties Act of 1933. NORTHERN MUNICIPAL BOND FUND gust 18, 1971, at 5:30 p.m., submit to the Applicant abandoned its intended pub­ OF NORTHERN TRUST CO. Commission in writing a request for a lic offering of its units of participation hearing on the matter accompanied by because of the decision of the U.S. Su­ Notice of Application for Order De­ a statement as to the nature of his preme Court in Investment Company claring Company Has Ceased To interest, the reason for such request and Institute v. Camp, 401 U.S. 617 (1971). Be an Investment Company the issues, if any, of fact or law proposed Applicant represents that it has no to be controverted or he may request he assets or shareholders, and that no pub­ July 28, 1971. be notified if the Commision should order lic offering or sale of its units of par­ Notice is hereby given that Northern a hearing thereon. Any such communica­ ticipation has been made or is intended Municipal Bond Fund of the Northern tion should be addressed: Secretary, to be made. Applicant has also filed an Trust Company (Applicant), 50 South Securities and Exchange Commission, amendment to its registration statement La Salle Street, Chicago, IL 60670, an Washington, D.C. 20549. A copy of such under the Securities Act of 1933 reducing Illinois corporation registered as a diver­ request shall be served personally or by the number of units of participation reg­ sified open-end management investment mail (airmail if the person being served istered thereby, and has requested with­ company under the Investment Company is located more than 500 miles from the drawal of its registration statement pur­ Act of 1940 (Act), has filed an appli­ point of mailing) upon Applicant at the suant to Ride 477 under the Securities cation pursuant to section 8(f) of the address stated above. Proof of such serv­ Act of 1933. Act for an order of the Commission de­ ice (by affidavit or in case of attorney at Section 3(c)(1) of the Act excepts claring that Applicant has ceased to be law by certificate) shall be filed contem­ from the definition of investment com­ an investment company as defined in the poraneously with the request. At any time pany any issuer whose outstanding se­ Act. All interested persons are referred later than said date as provided by Rule curities are beneficially owned by not to the application on file with the Com­ 0-5 of the rules and regulations promul­ more than 100 persons, and which is not mission for a statement of the represen­ gated under the Act, an order disposing making and does not presently propose tations as set forth therein, which are of the application herein may be issued to make a public offering of its securities. summarized below. by the Commission upon the basis of the Section 8(f) of the Act provides, in Applicant registered under the Act on information stated in such application, pertinent part, that when the Commis­ September 10,1970, by filing both a noti­ unless an order for hearing upon said sion, upon application finds that a regis­ fication of registration on Form N-8A application shall be issued upon request tered investment company has ceased to and a registration statement on Form or upon the Commission’s own motion. be an investment company, it shall so N-8B-1. On the same date a registration Persons who request a hearing or advice declare by order, and upon the taking statement on Form S-5 was filed with the as to whether a hearing is ordered will effect of such order the registration of Commission under the Securities Act of receive notice of further developments such company shall cease to be in effect. 1933. in this matter, including the date of the Notice is further given that any inter­ Applicant abandoned its intended hearing (if ordered) and any postpone­ ested person may, not later than Au­ public offering of its units of participa­ ments thereof. gust 18, 1971, at 5:30 p.m., submit to the tion because of the decision of the U.S. Commission in writing a request for a Supreme Court in Investment Company For the Commission, by the Division of hearing on the matter accompanied by Institute v. Camp, 401 U.S. 617 (1971). Corporate Regulation, pursuant to dele­ a statement as to the nature of his in­ Applicant represents that it has no gated authority. terest, the reason for such request and assets or shareholders, and that no [ seal] T heodore L. H u m e s , the issues, if any, of fact or law proposed public offering or sale of its units of par­ Associate Secretary. to be controverted or he may request he ticipation has been made or is intended to be made. Applicant has also filed an [FR Doc.71-11049 Filed 8-2-71;8:47 am] be notified if the Commission should order a hearing thereon. Any such com­ amendment to its registration statement munication should be addressed: Secre­ under the Securities Act of 1933 reduc­ [811-2114] tary, Securities and Exchange Commis­ ing the number of units of participation sion, Washington, D.C. 20549. A copy of registered thereby, and has requested NORTHERN INVESTMENT FUND OF withdrawal of its registration statement NORTHERN TRUST CO. such request shall be served personally or by mail (airmail if the person being pursuant to Rule 477 under the Securi­ Notice of Application for Order De­ served is located more than 500 miles ties Act of 1933. claring Company Has Ceased To Be from the point of mailing) upon Appli­ Section 3(c)(1) of the Act excepts an Investment Company cant at the address stated above. Proof from the definition of investment com­ of such service (by affidavit or in case pany any issuer whose outstanding secu­ J u l y 28, 1971. of attorney at law by certificate) shall rities are beneficially owned by not more Notice is hereby given that Northern be filed contemporaneously with the re­ than 100 persons, and which is not mak­ Investment Fund of The Northern Trust quest. At any time later than said date as ing and does not presently propose to Co. (Applicant), 50 South La Salle provided by Rule 0-5 of the rules and make a public offering of its securities. Street, Chicago, IL 60670, an Illinois regulations promulgated under the Act, Section 8 (f) of the Act provides, in corporation registered as a diversified an order disposing of the application pertinent part, that when the Commis­ open-end management investment com­ herein may be issued by the Commission sion, upon application finds that a reg­ pany under the Investment Company upon the basis of the information stated istered investment company has ceased Act of 1940 (Act), has filed an applica­ in such application, unless an order for to be an investment company, it shall so tion pursuant to section 8(f) of the Act hearing upon said application shall be declare by order, and upon the taking for an order of the Commission declar­ issued upon request or upon the Com­ effect of such order the registration o ing that Applicant has ceased to be an mission’s own motion. Persons who re­ such company shall cease to be in effect. investment company as defined in the quest a hearing or advice as to whether Notice is further given that any inter­ Act. All interested persons are referred a hearing is ordered will receive notice ested person may, not later than Augus to the application on file with the Com­ of further developments in this matter, 18, 1971, at 5:30 p.m., submit to tne mission for a statement of the represen­ including the date of the hearing (if Commission in writing a request for a tations as set forth therein, which are ordered) and any postponements thereof. hearing on the matter accompanied w summarized below. For the Commission, by the Division a statement as to the nature of his inte - Applicant registered under the Act on of Corporate Regulation, pursuant to est, the reason for such request and t September 10, 1970, by filing both a delegated authority. issues, if any, of fact or law proposed notification of registration on Form N- be controverted or he may requestne T heodore L. H u m e s , notified if the Commission should order 8A and a registration statement on Form Associate Secretary. N-8B-1. On the same date a registra­ a hearing thereon. Any such commum cation should be addressed: Secreta y. tion statement on Form S-5 was filed [FR Doc.71-11048 Filed 8-2-71;8:47 am]

FEDERAL REGISTER, V O L 36, NO. 149— TUESDAY, AUGUST 3, 1971 NOTICES 14289

Securities and Exchange Commission, lie hearing on the proposed Duck River that oral statements not exceed 10 Washington, D.C. 20549. A copy of such Project beginning at 9 a.m., c.d.t., on minutes. request shall be served personally or by August 24, 1971, at the Columbia State Written statements and notifications mail (airmail if the person being served Community College Auditorium in Co­ of intent to make statements should be is located more than 500 miles from the lumbia, Tenn. A session will also be held sent to the Presiding Officer, Duck River point of mailing) upon Applicant at the beginning at 7 p.m., c.d.t., for the pur­ Project Hearing, Division of Law, Ten­ address stated above. Proof of such‘serv­ pose of receiving statements from per­ nessee Valley Authority, New Sprankle ice (by affidavit or in case of attorney sons unable to attend the daytime ses­ Building, Knoxville, TN 37902. at law by certificate) shall be filed con­ sion. The purpose of the hearing is to The hearing will be conducted by a temporaneously with the request. At any provide relevant information concerning presiding officer who will be a represent­ time later than said date as provided by the proposed Duck River Project and ative of the TVA Division of Law. The Rule 0-5 of the rules and regulations to obtain views of interested parties. The presiding officer will insure that the promulgated under the Act, an order proposed project includes construction of hearing is conducted in an orderly man­ disposing of the application herein may two dams and reservoirs on the Duck ner and in accordance with these pro­ be issued by the Commission upon the River, one a 3,200-acre impoundment in cedures. In so doing, the presiding officer basis of the information stated in such Bedford and Coffee Counties, Tenn., to shall make such parliamentary rulings application, unless an order for hearing be created by a dam near Normandy, the and establish such supplemental proce­ upon said application shall be issued other a 12,600-acre impoundment in dures, including allocation of time avail­ upon request or upon the Commission’s Maury and Marshall Counties, Tenn., to able, as may be appropriate in his dis­ own motion. Persons who request a hear- be created by a dam near Columbia. cretion to afford all interested parties a , ing or advice as to whether a hearing is The draft environmental statement reasonable opportunity to be heard. ordered will receive notice of further prepared in connection with the pro­ developments in' this matter, including A hearing record will be prepared by posed project, dated June 30, 1971, has TVA. The record will include a verbatim the date of the hearing (if ordered) and previously been filed with the Council on any postponements thereof. transcription of the oral proceedings and Environmental Quality and been made a copy of each written statement sup­ For the Commission, by the Division available to the public. Single copies are plied to TVA by September 3, 1971. A of Corporate Regulation, pursuant to available upon request to the Director of copy of the record will be available for delegated authority. Information, Tennessee Valley Authority, public inspection at a public place in the Knoxville, Tenn. 37902. Copies of the area of the project, such place to be an­ T heodore L. H u m e s , statement and of the TVA project plan­ Associate Secretary. nounced at the hearing. Another copy ning report aré available for inspection will be available for inspection during [PR Doc.71-11046 Filed 8-2-71;8:47 am] at the following places: regular business hours in the office of Public Libraries the Director of Information, Tennessee Valley Authority, Knoxville, Tenn. 37902. SMALL BUSINESS Coffee County Library, 312 North Collins, Tullahoma, TN 37388. (16 U.S.C. secs. 831-831dd; 42 U.S.C. secs. ADMINISTRATION Argie Cooper Library, 100 South Main Street, 4321-4335; E.O. 11514) Shelbyville, TN 37160. Dated: July 28, 1971. GENERAL CAPITAL INVESTMENT Maury County Library, 211 West Eighth Street, Columbia, TN 38401. H. N. S troud, Jr., CORP. Coffee County Library, 112 East Fort, Man­ chester, TN 37355. Assistant General Manager. Notice of License Surrender Marshall County Library, 438 Eighth Ave­ [FR Doc*.71—11074 Filed 8 -2 -71;8:49 am] Notice is hereby given that General nue North, Lewisburg, TN 37091. Capital Investment Corp., 624 Board of TVA Offices Trade Building, Norfolk, Va. 23510, has Director of Information, Tennessee Valley surrendered its license to operate as a Authority, 333 New Sprankle Building, 500 INTERSTATE COMMERCE small business investment company pur­ Union Avenue, Knoxville, TN 37902. suant to § 107.105 of the regulations Tennessee Valley Authority, 437 Woodward COMMISSION governing small business investment Building, 15th and H Streets, Washing­ companies (13 CPR § 107.105 (1968)). ton, DC 20444. [Section 5a Application 65, Arndt. 4] General Capital Investment Corp. was Copies of the report and the state­ NATIONAL EQUIPMENT licensed as a small business investment ment will also be available for inspection company on November 26, 1962, to op­ at the place of hearing. INTERCHANGE AGREEMENT erate solely under the Small Business Investment Act of 1958 (the Act), as The hearing will begin with a pre­ Applications for Approval of amended (15 U.S.C., 661 et seq.), and the sentation by TVA of information con­ Amendments regulations promulgated thereunder. cerning the proposed project. The bal­ J u n e 30, 1971. Under the authority vested by the Act, ance of the hearing will be devoted to and pursuant to the cited regulation, the the presentation of statements by or on The Commission is in receipt of an surrender of the license is hereby ac­ behalf of representatives of State and application in the above-entitled pro­ cepted and all rights, privileges, and local government, citizens’ groups, and ceeding for approval of amendments to the franchises derived therefrom are other interested persons. The submis­ the agreement therein approved. canceled. sion of written statements for inclusion Filed June 9, 1971 by: Kenneth R. in the hearing record is encouraged. It Hauck, 1616 P Street NW., Washington, Dated: July 22, 1971. is requested that such statements be DC 20036, attorney-in-fact for peti­ submitted to TVA in advance of the A . H . S inger, tioners. Roland Rice, Elliott Bunce, 618 Associate Administrator for hearing: however, all written statements Perpetual Building, Washington, DC received by September 3, 1971, will be 20004, counsel for petitioners. Operations and Investment. so included. [PR Dqc.71-liQ20 Filed 8-2-71;8:45 am] The amendments involve changes in Persons desiring to present brief oral the bylaws of the association comprising statements at the meeting, in addition to the present agreement so as to: (1) (a) or in lieu of written statements, are re­ Include carriers subject to the jurisdic­ TENNESSEE VALLEY AUTHORITY quested to give TVA written notice of tion of the Federal Maritime Commis­ PROPOSED DUCK RIVER PROJECT their intention to do so not later than sion and section 15 of the Shipping Act August 13, 1971, specifying the session of 1916 (section 3.1), and (b) establish Notice of Public Hearing of the hearing (morning or evening) at a new associate membership class em­ which they desire to be heard. In order bracing any interested corporation en­ J ^ ic e is hereby given that the Ten­ that all persons desiring to present nessee Valley Authority will hold a pub- gaged in manufacturing or services statements may do so, it is requested related to transportation believed by the

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971 14290 NOTICES MC 114457 Sub 97, Dart Transit Co., assigned Finance and Membership Committee to for approval of an agreement under the September 22, 1971, in Room 1006, Federal offer mutual advantage, subject to terms provisions of section 5a of the Interstate Building, 106 South 15th Street, Omaha, prescribed by the Board of Directors, but Commerce Act. NE. precluding execution of the agreement or Filed June 28, 1971, by: Harold Hunt, MC 124211 Sub 162, Hilt Truck Line, Inc., participation in any subject covered Jr., 426 Barclay Building, Bala-Cynwyd, assigned September 20, 1971, in Room 1006, Pa. 19004, attorney-in-fact. Alan Kahn, Federal Building, 106 South 15th Street, thereby (section 3.4); (2) expand the Omaha, NE. joint activities of the members to em­ Winokur & Kahn, Suite 1920, 2 Penn Center Plaza, Philadelphia, Pa. 19102. MC 134724 Sub 4, doing business as Big Rig, brace matters relating to interline of assigned September 24, 1971, in Room 1006, freight, in addition to equipment inter­ Agreement involves: Organization, Federal Building, 106 South 15th Street, change (Article II), and provide sepa­ practices, and procedures between and Omaha, NE. rate practices and procedures therefor among common carriers by motor vehi­ MC-F-11030, Central Transport, Inc.— Con­ in revised Articles IX, X, XI, transfer­ cle, members of Trans-Service Rate Con­ trol— Michigan Express, Inc. Continued to ference, for the joint consideration, August 24, 1971, at Offices of Interstate ring those present article provisions to Commerce Commission, Washington, D.C. Articles XIII, XIV and XV, respectively; initiation, or establishment of rates, rules, and provisions, applicable to the MC 2900 Sub 177, Ryder Truck Lines, Inc., (3) revise the agreement form for execu­ assigned October 4, 1971, in the Industry tion by member carriers and the associa­ transportation of commodities in inter­ West Room, Atlanta-Cabana Motel, 870 tion to reflect the changes proposed in state, intrastate, and foreign commerce, Peachtree Street NE., Atlanta, GA. carrier membership and joint activity between points in the States of Alabama, MC 114552 Sub 51, Senn Trucking Co., as­ described in (1) (a) and (2) above (Arti­ Arkansas, Connecticut, Delaware, Dis­ signed September 29, 1971, in Room 556, cle IV ); (4) eliminate mandatory elec­ trict of Columbia, Florida, Georgia, Illi­ Federal Office Building, 275 Peachtree tion on the Board of Directors of a nois, Indiana, Iowa, Kentucky, Louisiana, Street NE., Atlanta, GA. Maine, Maryland, Massachusetts, Mich­ MC 119917 Sub 33, Dudley Trucking Co., Inc., specified number of members of the Reg­ assigned October 1, 1971, in Room 556, ular Common Carrier Conference of the igan, Minnesota, Mississippi, Missouri, Federal Office Building, 275 Peachtree American Trucking Associations, Inc. New Hampshire, New Jersey, New York, Street NE., Atlanta, GA. (Article V ); (5) create a new elective North Carolina, Ohio, Oklahoma, Penn­ MC-C—6868, Braswell Motor Freight Lines, office of Third Vice President (Article sylvania, Rhode Island, South Carolina, Inc.— Investigation of Practices, assigned V I); (6) change the composition of the Tennessee, Texas, Vermont, Virginia, September 27, 1971, in Room 556, Federal West Virginia, and Wisconsin. Office Building, 275 Peachtree Street NE., executive committee to include elected Atlanta, GA. officials, any carrier member, and the The complete application may be in­ three most recent past presidents, in lieu spected at the Office of the Commission, [ seal] R obert L. O swald, of only the immediate past president, in Washington, D.C. Secretary. Any interested person desiring to pro­ and exclude the managing director (Ar­ [FR Doc.71-11081 Filed 8-2-71;8:50 am] ticle V II); (7) modify the independent test and participate in this proceeding action provisions to reflect the expanded shall notify the Commission in writing joint activity by deleting section 8.9, and within 20 days from the date of publica­ [Rev. S.O. 994; ICC Order 59, Amdt. 1] tion of this notice in the F ederal R egis­ provide new procedures in a separate CERTAIN RAILROADS Article XII, and transfer present pro­ ter. As provided by the general rules of visions of Article XII—Vacancies, to new practice of the Commission, persons Rerouting or Diversion of Traffic other than applicants should fully dis­ Article XVI; and (8) make other inci- Upon further consideration of ICC \ dental changes made necessary to clarify close their interest, and the position they intend to take with respect to the appli­ Order No. 59 (various railroads), and or effectuate the foregoing changes. good cause appearing therefor: Any interested persons desiring to pro­ cation. Otherwise, the Commission, in its discretion, may proceed to investigate It is ordered, That: test and participate in this proceeding ICC Order No. 59 be, and it is hereby, shall notify the Commission in writing and determine the matters involved without public hearing. amended by substituting the following within 20 days from the date of publica­ paragraph (g) for paragraph (g) tion of this notice in the F ederal R egis­ By the Commission. thereof * ter. As provided by the Commission’s [ seal] R obert L. O sw a ld , (g) Expiration date. This order shall general rules of practice, persons other Secretary. expire at 11:59 p.m„ August 15, 1971, than applicant should fully disclose their unless otherwise modified, changed, or interest, and the position they intend to [FR Doc.71-11080 Filed 8-2-71;8:50 am] suspended. take with respect to the application. It is further ordered, That this amend­ Otherwise, the Commission, in its discre­ ASSIGNMENT OF HEARINGS ment shall become effective at 11:59 p.m., tion, may proceed to investigate and de­ Ju l y 29,1971. July 31, 1971; and that it shall be served termine the matters involved without Cases assigned for hearing, postpone­ upon the Association of American Rail- public hearing. ment, cancellation, or oral argument ap­ roads, Car Service Division, as agent of By the Commission. pear below and will be published only all railroads subscribing to the car serv­ [ seal! R obert L. O s w a l d , once. This list contains prospective as­ ice and car hire agreement under the Secretary. signments only and does not include cases terms of that agreement, and upon the [FR Doc.71-11079 Filed & -2-71;8:50 am] previously assigned hearing dates. The American Short Line Railroad Associa­ hearings will be on the issues as presently tion; and that it be filed with the Direc­ [Section 5a Application 103] reflected in the Official Docket of the tor, Office of the Federal Register. Commission. An attempt will be made to TRANS-SERVICE RATE CONFERENCE Issued at Washington, D.C., July 29, publish notices of cancellation of hear­ 1971. Application for Approval of ings as promptly as possible, but inter­ I nterstate C ommerce Agreement ested parties should take appropriate C o m m is s io n , steps to insure that they are notified of [ seal] R. D. P fahler, J u l y 21, 1971. Agent. cancellation or postponements of hear­ The Commission is in receipt of the [FR Doc.71-11082 Filed 8-2-71;8:50 am] above-entitled and numbered application ings in which they are interested.

LIST OF FEDERAL REGISTER PAGES AND DATES— AUGUST Pages Date 14245-14290______Aug. 3

FEDERAL REGISTER, VOL. 36, NO. 149— TUESDAY, AUGUST 3, 1971

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ORDER FROM

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

PRIOR VOLUMES

Volumes covering the adminis­ trations of Presidents Truman, Eisenhower, Kennedy, and Johnson are available at vary­ Richard Nixon — 19 ^ 9 ing prices from the Superin­ tendent of Documents, U.S. 1183 Pages - Price: $14-50 Government Printing Office, Washington, D.C. 20402.

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