FEDERAL REGISTER VOLUME 35 • NUMBER 87 Tuesday, May 5,1970 • Washington, D.C. Pages 7047-7100
Agencies in this issue— Agency for International Development Agricultural Research Service Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Aeronautics Board Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Fiscal Service Fish and Wildlife Service Food and Drug Administration General Services Administration Health, Education, and Welfare Department Interagency Textile Administrative Committee Interior Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau Maritime Administration Narcotics and Dangerous Drugs Bureau National Park Service Public Health Service Securities and Exchange Commission Small Business Administration Detailed list of Contents appears inside. MICROFILM EDITION FEDERAL REGISTER 35mm MICROFILM
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AGENCY FOR INTERNATIONAL Proposed Rule Making GENERAL SERVICES DEVELOPMENT Cherries grown in certain States; ADMINISTRATION handling______7077 Rules and Regulations Notices Milk in Central Illinois and South World Education, Inc.; register of ern Illinois marketing areas; Forms for advertised supply con voluntary foreign aid agencies— 7085 handling______7082 tracts; miscellaneous amend ments ______7070 AGRICULTURAL RESEARCH FEDERAL AVIATION HEALTH, EDUCATION, AND SERVICE ADMINISTRATION WELFARE DEPARTMENT Rules and Regulations Rules and Regulations See also Food and Drug Adminis Hog cholera and other communi tration; Public Health Service. cable swine diseases; areas quar Airspace dockets; extension of effective dates------7051 Notices antined ______7066 Airworthiness directives; Pratt Federally impacted areas; emer and Whitney aircraft engines— 7051 gency payments______7090 AGRICULTURAL STABILIZATION Federal airway segments; altera AND CONSERVATION SERVICE tion _____ 7051 INTERAGENCY TEXTILE Prohibited area; designation----- 7051 ADMINISTRATIVE COMMITTEE Rules and Regulations Standard instrument approach Sugarcane; Puerto Rico; fair and procedures ; miscellaneous Notices reasonable prices for 1969-70 amendments______7052 Certain cotton textiles and cot crop; correction______7064 ton textile products; entry or Proposed Rule Making withdrawal from warehouse Proposed Rule Making Maintenance, preventive main for consumption: Flu-cured tobacco; ' marketing tenance, and alterations------7083 Produced or manufactured in: quotas______— ------7075 Czechoslovak Socialist Re- public ______7094 AGRICULTURE DEPARTMENT FEDERAL COMMUNICATIONS M exico______:______7094 COMMISSION See Agricultural Research Service; INTERIOR DEPARTMENT Agricultural Stabilization and Notices Conservation Service; Consumer See also Fish and Wildlife Serv and Marketing Service. Canadian broadcast stations; no ice; Land Management Bureau; tification list______7093 National Park Service. ATOMIC ENERGY COMMISSION Executive Aviation, Inc., and Hill- Notices crest-Spokane Aviation Co., Director, bureau of Commer Notices Inc.; designation of applications cial Fisheries; delegation of Availability of statements on en for hearing______7093 authority______7087 vironmental considerations: Statements of changes in financial Northern States Power Co------7090 FISCAL SERVICE interests: Tennessee Valley Authority----- 7090 Kincannon, Layton E______7087 Westinghouse Electric Corp.; issu Notices Remalia, William R______7087 ance of facility license amend Farmers Alliance Mutual insur ment ______—______7090 ance Company; surety company INTERNAL REVENUE SERVICE acceptable on Federal bonds— 7085 Rules and Regulations CIVIL AERONAUTICS BOARD Quarterly payment of Federal Notices FISH AND WILDLIFE SERVICE unemployment tax______7070 Hearings, etc.: Rules and Regulations INTERSTATE COMMERCE Alaska Airlines, Inc., et al____ 7091 Commercial fisheries; North COMMISSION Pan American World Airways, Pacific area______7070 In c ______7092 Notices Universal Airlines Co., et al___ 7091 Chicago and North Western FOOD AND DRUG Railway Co. ; rerouting or diver ADMINISTRATION sion of traffic______7099 COMMERCE DEPARTMENT Fourth section application for See Maritime Administration. Rules and Regulations relief______7099 Certain master and working CONSUMER AND MARKETING standards; designation------7068 JUSTICE DEPARTMENT SERVICE Food additives; dioctyl sodium See Narcotics and Dangerous sulfosuccinate______7068 Drugs Bureau. Rules and Regulations Notices LAND MANAGEMENT BUREAU Livestock, meats, prepared meats, and meat products; fees for Abbott Laboratories, et al.; with Notices grading service______7064 drawal of approval of new ani Califorhia; proposed amendment Onions grown in South Texas; mal drug applications------7088 to final classification of public shipment limitations______7065 Drugs for veterinary use; drug lands for multiple-use manage Plums grown in California; con efficacy implementation: ment ______7086 tainer and pack regulation____ 7064 Certain neomycin-sulfonamide New Mexico : Tobacco, Type 62 shade-grown tablets______7088 Proposed classification of lands- 7085 cigar-leaf grown in designated Oxytetracycline —:------7089 Proposed classification of lands areas of Florida and Georgia; Nolvapent______7089 for multiple-use manage expenses and rate of assess McLaughlin Gormley Co.; filing of ment; correction______7085 ment ______7066 petition for food additives------7089 (Continued on next page) 7049 7050 CONTENTS
MARITIME ADMINISTRATION SECURITIES AND EXCHANGE SMALL BUSINESS Notices COMMISSION ADMINISTRATION Projected standard ship design; Rules and Regulations Notices notice of presentation______7087 Porms ; adoption of form to set Cosmopolitan Small Business In annual fees for non-member NARCOTICS AND DANGEROUS vestment Co., Inc.; notice of rev broker-dealers for fiscal year ocation of license___ .______7095 DRUGS BUREAU 1970 ______7068 Hartford Community Capital Rules and Regulations Notices Corp.; issuance of license____ 7095 Depressant and stimulant drugs; Hearings, etc.: listing______7069 Columbia Gas System, Inc., STATE DEPARTMENT et al______:_____ 7095 NATIONAL PARK SERVICE Michigan Consolidated Gas Co_ 7097 See Agency for International De Mississippi Power & Light Co 7097 velopment. Notices Paul Revere Variable Annuity National register of historic Contract Accumulation Fund- 7098 TRANSPORTATION DEPARTMENT places; miscellaneous amend ments ______7086 See Federal Aviation Administra tion. PUBLIC HEALTH SERVICE Proposed Rule Making TREASURY DEPARTMENT Air quality control regions; pro See Fiscal Service; Internal Rev posed designations______7082 enue Service.
List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at theL end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1970, and specifies how they are affected.
7 CFR 14 CFR 26 CFR 53______- ______7064 39______— ______7051 31...... :__...... _____ 7070 877______:______7064 71 (2 documents)______7051 917______7064 73______1 7051 41 CFR 959______*7065 75______7051 1201_____ ^______7066 97______7052 1-16...... - 7070 P roposed R ules: P roposed R ules: 725__ 7075 121______7083 42 CFR Ch. IX______7077 127______7083 P roposed R ules: . 1032______7082 1050______7082 17 CFR 81...... 7082 249___ 7068 9 CFR 50 CFR 76______7066 21 CFR 2 1 0 ...... 7070 2______7068 121______7068 320...... 7069 7051 Rules and Regulations
[Airspace Docket No. 69-EA-163] Interested persons were afforded an Title 14— AERONAUTICS AND SUBCHAPTER E— AIRSPACE opportunity to participate in the pro posed rule making through the submis SPACE PART 71— DESIGNATION OF FEDERAL sion of - comments. All comments re AIRWAYS, CONTROLLED AIRSPACE, ceived were favorable. Chapter I— Federal Aviation Adminis AND REPORTING POINTS Subsequent to the issuance of the no tration, Department of Transportation tice, it was noted that a change in the SUBCHAPTER A— AIRCRAFT Alteration of Federal Airway designated altitudes from 7,000 feet [Docket No. 69-EA-93; Arndt. No. 39-984] Segments MSL to 6,900 feet MSL would provide an On February 20, 1970, a notice of pro additional cardinal altitude for air traf PART 39— AIRWORTHINESS posed rule making was published in the fic control. The using agency has agreed DIRECTIVES to this change and advised that no safety F ederal R egister (35 F.R. 3237) stating factor would be derogated. Pratt and Whitney Aircraft Engines that the Federal Aviation Administration was considering amendments to Part 71 In consideration of the foregoing, Part On page 4263 of the F ederal R egister of the Federal Aviation Regulations that 73 (35 F.R. 2309) of the Federal Avia for March 7, 1970, the Federal Aviation would alter segments of V-40, V-41, and tion Regulations is amended, effective Administration published a proposed air V-337 in the vicinity of Pittsburgh, Pa. 0901 Gm.t., June 25, 1970, by adding worthiness directive which was appli Interested persons were afforded an the following: cable to Pratt and Whitney Aircraft En opportunity to participate in the pro § 73.92 gines type R-985 and Wasp Jr. altered posed rule making through the submis P-26 Denver, Colo. in accordance with STC No. 391 or 398. sion of comments. All comments received Boundaries. Beginning at lat. 39°48'45" N., Interested parties were given 30 days were favorable. long. 104°50'46"1 W.;; to lat. 39°50'00'' N., after publication in which to submit In consideration of the foregoing, long. 104° 50'46"’ W.;; to lat. 39°51'22" N„ written data or views. No objections to Part 71 of the Federal Aviation Regula long. 104°50'18" W.;; to lat. 39°51'22" N., the proposed regulations have been tions is amended, effective 0901 G.m.t., long. 104°48'00"’ W.; to lat. 39°48'45'' N., received. June 25, 1970, as hereinafter set forth. long. 104°48'00" W.; to point of beginning. In view of the foregoing and pursuant Designated altitudes. Surface to 6,900 feet to the authority delegated to me by the Section 71.123 (35 F.R. 2009) is amended MSL. Administrator, 14 CFR 11.89 [31 F.R. as follows: Time of designation. Continuous. 1. In V-40 all after the phrase “Briggs, Using agency, Commanding Officer, Rocky 13697], Section 39.13 of the Federal Avi Mountain Arsenal, Denver, Colo. ation Regulations is amended by adopt Ohio;” is deleted and the phrase “INT Briggs 077° and Youngstown, Ohio, 177° (Sec. 307(a) of the Federal Aviation Act of ing the proposed airworthiness directive radials.” is substituted therefor. 1958; 49 U.S.C. 1348; and sec. 6(c) of the as published. 2. V-41 is amended to read as follows: Department of Transportation Act, 49 U.S.C. This amendment is effective June 9, “V-41 From INT Briggs, Ohio, 077° and 1655(c)) 1970. Youngstown, Ohio, 177° radials; Issued in Washington, D.C., on April 29, (Secs. 313 (a), 601, and 603 of the Federal Avi Youngstown.” 1970. ation Act of 1958; 49 U.S.C. 1354(a), 1421, 3. In V-337 all preceding the phrase H. B. H elstrom, and 1423; and sec. 6(c) of the Department of “Akron, Ohio;” is deleted and the phrase Chief, Airspace and Air Transportation Act; 49 U.S.O. 1655(c)) “From INT Briggs, Ohio, 077° and Traffic Rules Division. Issued in Jamaica, N.Y., on April 23, Youngstown, Ohio, 177° radials;” is sub [F.R. Doc. 70-5449; Filed, May 4, 1970; 1970. stituted therefor. 8:47 a.m.] W ayne H endershot, (Sec. 307(a), Federal Aviation Act of 1958, 49 U.S.C. 1348; sec. 6(c), Department of [Airspace Docket No. 70-WA-17] Acting Director, Eastern Region. Transportation Act, 49 U.S.C. 1655(c)) 1. In application section change “Sup Issued in Washington, D.C., on PART 71— DESIGNATION OF FEDERAL plemental Type Certificates Nos. 391 or April 29, 1970. AIRWAYS, CONTROLLED AIRSPACE, 398” to “Supplemental Type Certificate H. B. H elstrom, AND REPORTING POINTS No. SE1-391”. Chief, Airspace and Air Traffic Rules Division. PART 75— ESTABLISHMENT OF JET 2. Revise paragraphs' (a) and (b) to ROUTES read as follows: [F.R. Doc. 70-5448; Filed, May 4, 1970; (a) Within the next 100 hours time in 8:47 a.m.] Miscellaneous Amendments service after the effective date of this AD The purpose of these amendments to and thereafter at intervals of 100 hours time [Airspace Docket No. 69-WE-71] Parts 71 and 75 of the Federal Aviation in service inspect and clean the fuel injector Regulations is to change the effective filter P/N 580436. PART 73— SPECIAL USE AIRSPACE dates of specified airspace dockets to (b) Overhaul the fuel injector P/N 580047 June 25, 1970. The emergency condition prior to the accumulation of 600 hours time Designation of Prohibited Area in service. For injectors with more than 550 caused by the absence of air traffic con hours time in service on the effective date On February 26, 1970, a notice of pro trollers from their facilities has been of this AD overhaul the injector within the posed rule making was published in the resolved. Accordingly, it has been deter next 50 hours time in service. F ederal R egister (35 F.R. 3761) stating mined that implementation of the new that the Federal Aviation Administra procedures contained in the New York 3. Delete paragraphs (c) (1) and (2). tion was considering an amendment to Metroplex Plan can now be effected. 4. Redesignate paragraph (d) as (c). Part 73 of the Federal Aviation Regula Since these amendments are minor in [F.R. Doc. 70-5447; Filed, May 4, 1970; tions that would designate a prohibited nature and no substantive change in the 8:47 a.m.] area at Denver, Colo. regulation is effected, notice and public
FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7052 RULES AND REGULATIONS procedure thereon are unnecessary, and 69—EA—22 (35 F.R. 6, 2769, 5465, 6274) Issued in Washington, D.C., on good cause exists for making these 69—EA—30 (34 P.R. 20419, 35 P.R. 1221, April 29, 1970. amendments effective upon less than 30 5465,6274) days notice. 69—EA—152 (35 F.R. 3109, 4291, 5465, 6274) H. B. H e l s t r o m , In consideration of the foregoing, the (Secs. 307(a) and 1110 of the Federal Avia Chief, Airspace and Air tion Act of 1958 (49 U.S.C. 1348 and 1510) Traffic Rules Division. effective dates of the following airspace and Executive Order 10854; 24 F.R. 9565 and dockets, by number, are changed from to Sec. 6(c) of the Department of Transporta [F.R. Doc. 70-5450; Filed, May 4, 1970; upon further notice to June 25,1970. tion Act; 49 U.S.O. 1655(c) ) 8:47 a.m.]
SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 10268; Amdt. 699] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classifi cation now in effect for the airports specified therein. For the convenience of the users, the complete procedure is repub lished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 FJR. 5662), Part 97 (14 CFR Part 97) is amended as follows: 1. By amending § 97.11 of Subpart B to delete low or medium frequency range (L/MF), automatic direction finding (ADF) and very "high frequency omnirange (VOR) procedures as follows: Tanana, Alaska—Ralph M. Calhoun Memorial, VOR 1, Amdt. 1, 11 July 1964 (established under Subpart C). 2. By amending § 97.11 of Subpart B to cancel low or medium frequency range (L/MF), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: Tanana, Alaska—Tanana, LFR 1, Amdt. 6, effective 4 Jan. 1964, canceled, effective 21 May 1970. 3. By amending § 97.23 of Subpart C to establish very high frequency omnirange (VOR) and very high frequency-distance measuring equipment (VOR/DME) procedures as follows: Standard I nstrument Approach P rocedure—T ype VOR Bearings, headings, courses and radlals are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an Instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorised by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Terminal routes Missed approach Minimum MAP: 0.9 mile after passing BFD VOR- From— To— Via altitudes TAC. (feet)
R 232°, BFD VORTAC CCW...... R 146°, BFD VORTAC...... 10-mile DME Arc, R 156° 3900 Climb to 3900' on R 326° within 10 miles; lead radial. return to B FD VO RTAC and hold. R 064°, BFD VORTAC CW...... R 146°, BFD VORTA C...... ___ 10-mile DME Arc, R 136° 3900 Supplementary charting information: lead radial. Hold SW, 1 minute, left turns, 326° Inbnd. 10-mile DME Arc...... BFD R 146°, 2.9-mile DME Fix/BF Direct...... 2900 2261' light beacon 1500' down Runway 32 LOM (NOPT). from threshold and 1375' left of centerline. Steel tower 6.5 miles NE BF LOM, 2663'. Dual profile depiction required. Runway 32, TDZ elevation, 2120'.
Procedure turn W side of crs, 146° Outbnd, 326° Inbnd, 3900' within 10 miles of BFD VORTAC. FAF, BFD VORTAC. Final approach crs, 326°. Distance FAF to MAP, 0.9 mile. Minimum altitude over BFD VOR, 2900'; VOR/DME—2.9-miîe DME R 146°/BF LOM, 2900'. MSA: 25 miles from BFD VORTAC: 000°-360°—3800'. , N o t e s: (1) Sliding scale not authorized. (2) Air carrier will not reduce landing visibility due to local conditions. Day and Night Minimums
Category A B C D
MDAVISHAA MDA VISÎIAA MDA VIS HAA MDA VIS HAA C...... 2900 1 757 2900 1M 757 2900 m 757 2900 2 757 VOR/DME and NDB Minimums: MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-32__ ...... 2540 K 420 2540 SA V 420 2540 Vi 420 2540 1 420 MDA VIS HAA MDA VIS HAA MDA Vis HAA MDA VIS HAA C...... 2580 1 437 2600 1 467 2600 m 457 2700 2 657
Takeoff Standard.- Alternate—Standard; City, Bradford; State, Pa.; Airport namet Bradford Regional; Elev., 2143'; Fac. Ident., BFD; Procedure No. VOR Runway 32, Amdt. Orig.; Eff. date, 21 May 70
FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 RULES AND REGULATIONS 7053
Standard I nstrument Approach P rocedure-—Type VOR—Continued
Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 5.4 miles after passing Helena Int. (feet)
VWV VO RTA C.___.._...___...... _ _ Pemberville In t...... ______Direct______3000 Climbing right turn to 2500'; return to ...... Helena Int (NOPT)__._ ...... Direct...... 2500 Helena Int and hold. Pemberville In t...... Supplementary charting information: Hold W, 1 minute, right turns, 110° Inbnd. Runway 9, TDZ elevation, 662'.
Procedure turn S side of crs, 290° Outbnd, 110° Inbnd, 2500' within 10 miles of Helena Int. FAF, Helena Int. Final approach crs, 110°. Distance FAF to MAP, 5.4 miles. Minimum altitude over Helena Int., 2500'. MSA: 000°-090°—3100'; 090°-270°—2400'; 270P-3600—2100'. N o tes: (1) Radar vectoring. (2) Use Toledo Express Airport, Ohio, altimeter setting. ‘Night operations not authorized for Runways 18/36...... D ay and N ight Minim um s
Category A B C D
MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA - VIS g_9_...... _...... 1300 1 638 1300 1 638 1300 638 NA MDA VIS HAA MDA VIS HAA MDA VIS HAA VIS C*...... 1300 1 638 1300 1 638 1340 678 NA
Takeoff Standard. Alternate—Not authorized. City, Fremont; State, Ohio; Airport name, Progress Field; Elev., 662'; Fac. Ident., VWV; Procedure No. VOR Runway 9, Arndt. Orig.; Efl. date, 21 May 70
Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 1.4 miles after passing TAL VOR. (feet)
BCC NDB TAL VOR. Direct. 2000 Climbing right turn to 2500' on R 255° of TAL VOR within 10 miles.. Supplementary charting information: Terrain to 852', 2.3 miles ENE of airport.
Procedure turn S side of crs, 225° Outbnd, 045° Inbnd, 2100' within 15 miles of TAL VOR. FAF, TAL VOR. Final approach crs, 071°. Distance FAF to MAP, 1.4 miles. Minimum altitude over TAL VOR, 1200'.* MSA: 075°-165°—2500'; 165°-255°—3800'; 255°-075°—4800'. Note: Circling not authorized N of Runways 6/24. *900' authorized after passing abeam BCC NDB Inbnd on approach. **When control zone not effective, except for operators with approved weather reporting service, use Fairbanks altimeter setting; MDA increased by 540'; alternate minimums not authorized. %Runway 6 immediate right turn, climb direct to TAL VOR. IFR departures from 240° clockwise to 070°, climb on R 225° TAL VOR so as to cross the VOR northbound at or above 2500'. Day and Night Minimums
Category A B C D MDA VIS HAAMDA VIS HAA MDA VIS HAA MDA VIS HAA C**...... 620 1 392 680 1 452 680 m 452 780 2 552
Takeoff Standard.% Alternate—Standard.** City, Tanana; State, Alaska; Airport name, Ralph M. Calhoun Memorial; Elev., 228'; Fac. Ident., TAL; Procedure No. VOR-1, Amdt. 2; Eff. date, 21 May 70; Sup. Arndt. No. VOR 1, Amdt 1; Dated, 11 July 64
FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7054 RULES AND REGULATIONS 4. By amending § 97.23 of Subpart C to amend very high f requency omnirange (VOR) and very high frequency-distance measuring equipment (VOR/DME) procedures as follows: Standard I nstrument Approach P rocedure—T ype VOR Bearings, headings, courses and radlals are magnetio. Elevations and altitudes are In feet MSL, except HAT. HAA, and RAi Ceilings are In feet above airport elevation Distances are In nautical miles unless otherwise Indicated, except visibilities whloh are in statute miles or hundreds of feet RVR; If an Instrument approaoh procedure of the above type is conducted at the below named airport, it shall be In accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaoh minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Terminal routes Missed approach M inim um MAP: 8.1 miles after passing ATL VOR From— To— Via altitudes TAC. (feet)
. ATLVORTAC...... Direct . 2500 Climbing right turn to 2500* to REG, BRU NDB...... - . ATLVORTAC...... Direct______— 2600 VORTAC and hold. R 263°, ATL VORTAC CCW. .. R 195° ATL VORTAC...... 2500 Supplementary charting Information: R 097° ATL VORTAC CW...... R 195° ATL VORTAC...... 8-mile Arc...... 2500 Hold E, 1 minute, right turns 269° inbnd; 8-mile A rc ...... -...... ATL VORTAC (NOPT)___ ATL, R 195°.... — 2500 REILS Runway 3. HIRLS Runways 9R, 9L, 15, 27R, 27L, 33; Runway 3, TDZ elevation, 1008';
Procedure turn E side of crs, J95° Outbnd, 015° Inbnd, 2500' within 10 miles of ATL VORTAC; FAF, ATL VORTAC. Final approach crs, R 015°. Distance FAF to MAP, 8.1 miles. Minimum altitude over ATL VORTAC, 2500'; over Riverdale Int, 2000'. . MSA: 000°-090°—3100'; 090°-180°—2300'; 180°-270°—2400'; 270°-360°—2900'. N ote: ASR. Day and Night Minimums
A B C D MDA VIS HAT MDA VISHAT MDAVIS HAT MDA VIS HAT
S-3...... 1320 1 312 1320 1 312 1320 1 312 1320 1 312 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 1500 1 476 1500 1 476 1500 m 476 1580 2 556 A...... Standard: T 2-eng. or less—RVR 24, Runways 33 and 27L; RVR 18,, T over 2-eng.—RVR 24, Runways 33 and 27L; RVR 18, Runways 9L and 9R; Standard all others; Runways 9L and 9R; Standard all others.
City, Atlanta; State, Ga.; Airport name, Atlanta; Elev., 1024'; Facility, ATL; Procedure No. VOR Runway 3, Arndt. 2; Eft. date, 21 May 70; Sup. Arndt. No. 1; Dated, 7 May 70
Terminal routes— Missed approach
! Minimum From— To— Via altitudes MAP: GPT VORTAC (feet)
R 058°, OPT VORTAC CW...... R 124°, OPT VORTAC...... 7-mile DME Arc______1800 Climbing left turn to 1600' via R 242° to R 242°, GPT VORTAC CCW______R 124°, GPT VORTAC.______7-mile DME Arc._; ______1800 Morris Int and hold or, when directed by 7-mile DME Arc...... 4-mile DME GPT, R 124° (NOPT)__GPT, R 124°...... 480 ATC, climb to 2500', R 339° to Mouse Int, and hold. Supplementary charting information: Morris holding; hold NW 116° Inbnd, 1 minute, right turns. Mouse holding; hold NW 159° Inbnd, 1 minute* right turns. TDZ elevation, 25'.
Procedure turn N side of crs, 124° Outbnd, 304° Inbnd, 1600' within 10 miles of GPT VORTAC.- Final approach crs, 304°. Minimum altitude over 4-mile DME GPT, R 124°—480'; MSA: 090°-270°—1500'; 270°-090°—2600'. N ote; Inoperative table does not apply to H IRL Runway 31; *Night operations not authorized Runways 22/4. @Altemate minimums not authorized when control zone not effective except operators with approved weather reporting service. #Use Mobile altimeter setting when control zone not effective and all MDA’s increased 200' except for operators with approved weather reporting service; Dat and Night Minimums
A B O D ConcL MDA VISHAT MDAVISHAT MDA VISHAT MDA VIS HAT
S-31* #...... ______480 1 455 480 1 . 455 480 1 455 480 1 455 MDA VIS HAA MDAVIS HAA MDA VIS HAA MDA VIS HAA C* #...... 680 1 652 680 1 652 680 VA 652 700 2 672 VOR/DME Minimums: MDA VISHAT MDAVISHAT MDAVIS HAT MDA VIS HAT S-31* # ...... 420 1 395 420 1 395 420 1 395 420 1 395 A------______Standard.® T 2-eng. or less—Standard.* T over 2-eng.—Standard.*
City, Gulfport; State, Miss.; Airport name, Gulfport Municipal; Elev., 28'; Facility, GPT; Procedure No. VOR Runway 31, Arndt. 5; Eft. date, 21 May 70; Sup. Arndt. No. 4; Dated, 11 Dec. 69
FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 RULES AND REGULATIONS 7055
Standard I nstrument Approach P rocedure—Type VOR—Continued
Terminal routes Missed approach Minimum From— To— Via • altitudest MAP: 5 miles after passing Agnes Int. \ (feet)
Climbing left turn to 3000', proceed to Talmo Int via OCR VORTÀC R 054° and hold. Supplementary charting information: Hold NE, 1 minute, right turns, 234° lnbnd. Final approach crs to runway threshold.
Procedure turn not authorized. FAF, Agnes Int. Final approach crs, 076°. Distance FAF to MAP, 5 miles. Minimum altitude over OCR VORTAC, 3000'; over Agnes Int or 3-mile DME Fix, 2500'. MSA: 000°-360°—3100'. N otes: (1) Radar required. (2) Use Atlanta, Ga., altimeter setting. ' T\ »^r D ay anda \tt\ XTN tigh/ittit t IM f ninim um s
A B C D
Cond‘ m d a v is h a t m d a v is h a t v is v is g_7...... 1640 1 606 1640 1 606 NA NA MDA VIS HAA MDA VIS HAA C...... 1680 1 646 1680 1 646 NA NA A...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Not authorized.
Citv. Lawrenceville; State,Ga.; Airport name, Gwinnett County; Elev. 1C34'; Facility, OCR; Procedure NO. VOR Runway 7, Arndt. 2; Eff. date, 21 May 70; Sup. Arndt, No. 1; Dated, 17 July 69
Terminal routes Missed approach Minimum From— To— Via altitudes MAP: MLB VOR. (feet)
MLB NDB ...... MLB VOR...... Direct...... 1500 Climbing right turn to 2000'on MLB VO R, R 161° within 15 miles; or, when directed by ATC, climb to 2000' heading 090° within 10 miles. t Supplementary charting information: Final approach crs intercepts runway centerline 3000' from threshold. Runway 9, TDZ elevation, 32'.
Procedure turn SW side of crs, 262° Outbnd, 082° lnbnd, 1500' within 10 miles of MLB VOR. Final approach crs, 082°. Minimum altitude abeam MLB NDB, 540'. MSA: 000°-090°—1600'; 090°-270°—1500'; 270°-360°—1700'. N ote: Radar vectoring. D ay and N igh t Minim um s
Category A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-9 ...... 540 1 508 540 1 508 540 1 508 540 1}^ 508 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 660 1 628 580 1 548 580 W i 548 600 2 568 VOR/NDB Minimums: MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-9...... 400 1 368 400 1 368 400 1 368 400 1 368 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 660 1 528 580 1 548 580 l lA 648 600 2 568
Takeofl Standard. Altemate—Standard. City, Melbourne; State, Fla.; Airport name, Cape Kennedy Regional; Elev., 32'; Fac. Ident.,MLB; Procedure No. VOR Runway 9, Arndt. 8; Eff. date, 21 May 70; Sup. Arndt. No. 7; Dated, 12 June 69
FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 No. 87- -2 7056 RULES AND REGULATIONS
Standard I nstrument Approach P rocedure—Type VOR—Continued
Terminal routes Missed approach Minimum From— T o - Via altitudes MAP: MLB VOR. (feet)
MLB NDB__ ...... MLB VOR...... _____Direct___ ...... 1500 Climbing left turn to 2000' on MLB VOR, R 260° to Deer Park Int and hold; or! when directed by ATC, turn left, climb to 2000' on MLB VOR R 161° within 15 miles., Supplementary charting information: Hold SE, 1 minute, left turns, 319° Inbnd; Final approach crs intercepts runway centerline 3250' from threshold. Runway 27, TDZ elevation, 26'.
Procedure turn SE side of crs, 100° Outbnd, 280° Inbnd, 1500' within 10 miles of MLB VOR. Final approach crs, 280°. . MSA: 000°-090°—16007; 090°-270°—1500'; 270°-360°—1700'. N o t e : Radar vectoring. Day and N ight Minimums
Category A B C D
MDAVISHAT MDAVISHAT MDAVIS HAT MDA VIS HAT S-27__ 680 1 554 580 1 554 580 1 554 680 1X 554 MDA VIS HAA MDA VIS HAAMDA VIS HAAMDA VIS HAA C...... ___ 580 1 548 580 1 548 580 m 548 600 2 568
Takeoff Standard. Alternate—Standard.' City, Melbourne; State, Fla.; Airport name, Cape Kennedy Regional; Elev., 32'; Fac. Ident., MLB; Procedure No.VOR Runway 27, Arndt. 2; Eft. date, 21 May 70; Sup; Arndt; No. 1; Dated, 12 June 69
Terminal routes Missed approach Minimum From— To— Via altitudes MAP: MVC VORTAC; (feet)
R 265°, MVC VORTAC C C W -...... R 197°, MVC...... 8-mile DME Arc_____ ...... 2000 Climbing right turn to 2000' to MVO 8-mile DME A rc..-...... -.-1 ...... 4-mile DME Fix (NOPT)...... R 197°, MVC...... 1020 VORTAC and hold. Supplementary charting information: Hold S, 1 minute, left turns, 017° Inbnd; Final approach crs intercepts centerline 3000' from runway threshold; LRCO 122.1 R.
Procedure turn SW side of crs, 197° Outbnd, 017° Inbnd, 2000' within 10 miles of MVC VORTAC; Final approach crs, 017°. Minimum altitude over 4-mile DME Fix—1020'. MSA: 090°-270°—1800'; 270°-090°—1900'. N ote: Use NAS Whiting altimeter setting. Day and Night Minimums
Category A B C D
MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-3...... 1020 1 602 1020 1 602 1020 1 602 1020 V /i 602 MDA VIS HAA MDA VIS HAT MDA VIS HAA MDA VIS HAA C...... — ...... 1020 , 1 602 1020 1 602 1020 1M 602 1020 2 602 DME Minimusm: MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-3„...... 960 1 642 960 1 542 960 1 542 960 lJi M2
Takeoff Standard; Alternate—Not authorized. City, Monroeville; State, Ala.; Airport name, Monroe County; Elev., 418'; Fac. Ident., MVC; Procedure No. VOR Runway 3, Arndt. 2; Eft. date, 21 May 70; Sup. Arndt. No. U Dated, 22 Jan. 70
FEDERAL REGISTER, VOL, 35, NO. 87— TUESDAY, MAY 5, 1970 RULES AND REGULATIONS 7057
Standard I nstrument Approach P rocedure—Type VOR—Continued —------Terminal routes Missed approach Minimum From— To— Via altitudes MAP: MVC VORTAC. (feet)
R 069°, MVC VORTAC CCW------...... R 035°, MVC...... ____ 8-mile DME Arc...... 2000 Climbing right turn to 2000' to MV C ...... 3-mile DME Fix (NOPT)...... R 035°, MVC...... _____ 1040 VORTAC and hold. 8-mile DME Arc...... Supplementary charting information: Hold NE, 1 minute, right turns, 215° Inbnd. Final approach crs intercepts centerline lOW from threshold. LRCO 122.1R.
Procedure turn N side of crs, 035° Outbnd, 215° Inbnd, 2000' within 10 miles of MVC VORTAC. Final approach crs, 215°. Minimum altitude over 3-mile DME Fix—1040'. MSA: 090°-270°—1800'; 270°-090°—1900'. Note: Use NAS Whiting altimeter setting. Day and N ight Minimums
Category A ______B______C______D_____ m d a v is h a t m d a v is h a t m d a v is h a t m d a v is h a t 8_21...... r_,__ 1040 1 622 1040 1 622 1040 1 622 1040 1M 622 MDA VIS IT A A MDA VIS HAA „ MDA VIS HAA MDA VIS HAA C...... 1040 1 622 1040 1 622 1040 114 622 1040 2 622 DME MINIMA: MDA VIS HAT MDA VlS HAT MDA VIS HAT MDA VIS HAT 8-21...... 960 1 542 960 1 542 960 1 542 960 1M 542 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 1020 1 602 1020 1 602 1020 1Vt 602 1020 2 602
Takeoff Standard. Alternate—Not authorized. City, Monroeville; State, Ala.; Airport name, Monroe County; Elev., 418'; Fac. Ident., MVC; Procedure No. VOR Runway 21, Arndt. 2; Eff. date, 21 May 70; Sup. Arndt. No. 1; Dated, 22 Jan. 70
Terminal routes . Missed approach
Minimum MAP: 5.6 miles after passing' Venice Int, From— To— Via altitudes or 12.6-mile DME Fix, R 328°. -— - (feet)
Right turn to 060° heading, climb to 3000'; intercept SKY R 345°, proceed to Middle Int and hold. Supplementary charting information: Hold N, 1 minute, left turns, 165° Inbnd.
Procedure tum E side of crs, 148° Outbnd, 328° Inbnd, 2500' within 10 miles of SKY VORTAC. FAF, Venice Int/7-mile DME Fix, R 328°. Final approach crs, 328°. Distance FAF to MAP, 5.6 miles. Minimum altitude over SKY VORTAC, 2500'; over Venice Int/7-mile DME Fix, R 328°—2300'. MSA: 090°-270°—2500'; 270°-090°—2100'. N otes: (1) Radar Vectoring. (2) Use Toledo, Ohio, altimeter setting. Day and Night Minimums
A B C D Cond. ------MDA VIS HAA MDA VIS HAA MDA VIS HAA VIS
C...... 1260 1 670 1260 1 670 1260 1M 670 NA A ...... __ Not authorized. T 2-eng. or less—Runway 26, 300-1; Standard all others. T over 2-eng.—Runway 26, 300-1; Standard all others.
City, Port Clinton; State, Ohio; Airport name, Carl R. Keller Field; Elev., 590'; Facility, SKY; Procedure No. VOR-1, Arndt. 1; Eff. date, 21 May 70; Sup. Arndt. No. Orig.; Dated, 14 May 70
FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7058 RULES AND REGULATIONS
Standard I nstrument Approach P rocedure—T ype VOR—Continued
Terminal Routes Missed approach Minimum From— T o - Via altitudes MAP: 4.6 miles after passing GVO VOR. (feet)
Goleta Int (IAF)...... Halibut In t...... FIM R 253° and GVO R 163°. 3600 Climbing left turn to 5000' heading 260° Halibut In t...... GVO VOR (NOPT)...... Direct...... _...... 3300 to intercept GVO R 306° to Howard Int and hold.* Supplementary charting information: Hold SE, 1 minute, right turns. 306° Inbnd. Final approach crs to midpoint Runway 8/26. Chart 4.6-mile DME at missed approach point. Chart holding at Halibut Int. Hold S, 1 minute, right turns, 343° Inbnd, 3500'.
Procedure tum W side of crs, 163° Outbnd, 343° Inbnd. 4400' within 10 miles of GVO VOR. FAF, GVO VOR. Final approach crs, 354°. Distance FAF to MAP, 4.6 miles. Minimum altitude over GVO VOR, 3300'; over 2.5-mile DME Fix, 2300'. MSA: 000°-090°—8000'; 090°-180°— SSOO7; 180°-270°—4800'; 270°-360°—6600'. N o tes: (1) Radar vectoring. (2) Use Santa Barbara altimeter setting. (3) Approach from holding pattern at GVO VOR not authorized. % IFR departure procedures: Runway 8, turn left; climb to 6000' via heading 260° to intercept GVO R 306° to Howard Int.
D ay and N igh t Minim u m s
Cond. ------:------*______MDA VIS HAA MDA VIS HAA MDA VIS HA A VIS
C...... 2300 2M 1657 2300 3 1657 2300 334 1657 NA VOR/DME Minimums: MDA VIS HAA MDA VIS HAA MDA VIS HA A C.- ...... -...... 1460 1 817. 1460 1J4 817 1460 134 817 NA A--...... Not authorized. T 2-eng. or less—%Runway 8, Standard; Runway 26, 300-1 T over 2-eng.—% Runway 8, Standard; Runway 26, 300-1.
City, Santa Ynez; State, Calif.; Airport name, Santa Ynez; Elev., 643'; Facility, GVO; Procedure No. VOR-1, Arndt. 1; E£f. date, 21 May 70; Sup. Arndt. No Orie • Dated 26 Feb. 70 '
Standard I nstrument Approach P rocedure—T ype VOR/DME Bearings, headings, courses and radials are magnetic. Elevations and altitudes are In feet MSL, except HAT. HAA, and RA. Ceilings are In feet above airport elevation Distances are in nautical miles unless otherwise indicated, except visibilities which are In statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following Instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaoh minim»™ altitudes shall correspond with those established for en route operation in the particular area or as set forth below. v
~ Terminal routes Missed approach
From— To— Via Minimum \ altitudes MAP: PHX R 255°/7-mile DME Fix. (feet)
Avondale In t...... Fowler I n t...... Vfa heading 120° and PHX, 4000 Climb to 5000' direct PHX VO RTAX and R 255° 7 miles. hold.* PHX, R 147° CW.. PHX, R 240°______16-mile Arc...... 5000 Supplementary charting information: PHX V O R______PHX, R 240°/16-mile DME 5000 *Hold E, 1 minute, right turns, 255° Inbnd. PHX, R 240°CW .. Fowler Int...... 16-mile Arc PHX, R 247° lead 4000 Chart PHX R 255°/7-mile DME at MAP. radial. Runway 8R, TDZ elevation, 1112'. PHX, R 325° CCW. PHX, R 275°______16-mile Arc______5000 PHX, R 015° CCW. PHX, R 325°...... 16-mile Arc______6000 PHX, R 275° CCW. Fowler In t______16 mile Arc PHX, R 263° lead 4000 radial.
Procedure turn not authorized. Approach crs (profile) starts at Fowler Int. Final approach crs, 075°. Minimum altitude over Fowler Int, 4000'; over Reynolds Int., 2600'; over Carver Int., 18Q0'. MSA: 010°-100°—6100'; 100°-190°—4200'; 190°-280°—5600'; 280°-010°—5600'. N o te: A S R . #Air carrier will not reduce takeoff visibility due to local conditions Runways 8L/26R. % IFR departure procedures: TakeofE Runways 26 L/R, climb westbound on V-16 to 3000', westbound, continue climb on crs; eastbound, northbound, and southbound con- tinue climb direct PHX VOR. Takeoff Runways 8 L/R, climb heading 070° to 3000', continue climb direct PHX VOR.
D ay and N ig h t Minim u m s
Category A B C D
MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-8R...... /.. 1540 1 428 1540 1 428 1540 1 428 1540 1 428 MDA VIS * HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C--...... — ...... 1600 1 472 1600 1 472 1600 1)4 472 1880 2 752
Takeoff #%Runway 8L, 600-1; Runway 26R, 500-1: Runways 8R/26L. Standard. Alternate—Standard. City, Phoenix; State, Ariz.; Airport name, Phoenix Sky Harbor Municipal; Elev., 1128'; Fac. Ident,, PHX; Procedure No. VOR/DME Runway 8R, Arndt. 3; Eff. date, 21 May 70; Sup. Arndt. No. 2; Dated, 9 Apr. 70
FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 RULES AND REGULATIONS 7059
S ta n d a r d I n s t r u m e n t A p p r o a c h P r o c e d u r e —T y p e VOR/DME—Continued
Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 2.3-mile DME Fix, R 236°; (feet)
St. Paul In t.------...... Island Int (6-mile DME)...... MTS VORTAC...... 2400 Climbing right turn to 2400', R 236°, to STL VORTAC...... ______Island Int (6-mile D M E)...... MTS VORTAC...... 2400 Islandlnt (6-mile DME). Lake Int...... Island Int (6-mile DME)...... MTS VORTAC...... 2400 Supplementary charting information: R 278°, MTS VORTAC CCW...... R 236°, MTS VORTAC..______.. 14-mile Are...... 2400 Final approach crs intercepts runway R 097°, MTS VORTAC CW...... ______R 236°, MTS VORTAC______.. 14-mile Are...... 2600 centerline at middle marker 4349' from Augusta Int (14-mile DME)...... Island Int (6-mile DME) (NOPT).. .. Direct______...... 1700 threshold. Runway 7, TDZ elevation, 462'.
Procedure turn S side of crs, 236° Outbnd, 056° Inbnd, 2400' within 10 miles of Island Int (6-mile DME Fix). Final approach crs, 056°. Minimum altitude over Island Int (6-mile DME Fix) 1700'; oyer 4-mile DME Fix *1060' (*1100' when control zone not effective). MSA: 090°-180°—2700'; 180°-090°—2200'. Notes: (1) Radar vectoring. (2) Final approach from holding pattern at Island Int not authorized. Procedure turn required. (3) Use St. Louis altimeter setting when control zone not effective and all MDA’s increased 60' except for operators with approved weather reporting service. %IFR departure procedures: Runways 7 and 25 climb on runway heading to 800' before turning on crs. ‘Alternate minimums not authorized when control zone not effective except for operators with approved weather reporting service.
D ay a n d N ig h t Minim u m s
Category A B C D
MDA VIS HATMDAVIS HAT MDA VIS HAT MDA VIS HAT S-7_... 980 H 518 980 H 518 980 ‘ % 518 980 1 518 MDA VIS HAAMDA VIS HAAMDA VIS HAAMDA VISHAA C...... 980 1 518 980 1 518 1020 m 558 1020 2 558
Takeoff Standard.% Alternate—Standard.* City, St. Louis; State, Mo.; Airport name, Spirit of St. Louis; Elev., 462'; Fac. Ident., MTS; Procedure No. VOR/DME Runway 7, Arndt. 3; Eff. date, 21 May 70; Sup. Arndt. No. 2; Dated, 30 Apr. 70 5. By amending § 97.23 of Subpart C to cancel very high f requency omnirange (VOR) and very high frequency-distance measuring equipment (VOR/DME) procedures as follows: Bradford, Pa.—Bradford Regional, VOR/DME Runway 32, Amdt. 5, effective 16 Oct. 1969, canceled, effective 21 May 1970. 6. By amending § 97.25 of Subpart C to establish localizer (LOC) and localizer-type directional aid (LDA) procedures as follows: S t a n d a r d I n s t r u m e n t A p p r o a c h P r o c e d u r e —-T y p e LOC (BC) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances .are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach m inim um altitudes shall correspond with those established for en route operation in the particular area or as set forth below.
Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 4.3 miles after passing Roxy Int. (feet)
Rudy NDB...... Roxy Int...... D R 326° and ATD LOC crs. . 2700 Climb to 3000' right turn direct DAY Gem City LOM.. . Roxy Int______ATD LOC crs...i...... i ...... 2700 VORTAC and hold. R o d v o r t a c . Lena In t....'...... ROD, R 180°...... 2700 Supplementary charting information: Lena I n t...... Roxy Int (NOPT). ROD, R 180° and ATD LOC 2200 Hold W, 1 minute, right turns, 084° Inbnd. crs. , Runway 24R, TDZ elevation, 995'.
Procedure turn N side of crs, 056° Outbnd, 236° Inbnd, 2700' within 10 miles of Roxy Int. F AF, Roxy Int. Final approach crs, 236°. Distance FAF to MAP, 4.3 miles. Minimum altitude over Roxy Int, 2200'. N ote: Radar vectoring. D ay a n d N igh t Minim um s
Category A B C D
MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT 8-2411...... 1360 1 365 1360 1 365 1360 1 365 1360 1 365 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 1460 1 452 1460 1 452 1460 1J3 452 1560 2 552
Takeoff Runway 6L, RVR 24; Standard all other runways. Alternate—Standard. City, Dayton; State, Ohio; Airport name, James M. Cox-Dayton Municipal; Elev., 1008'; Fac. Ident. I-ATD; Procedure No. LOC (BC) Runway 24R, Amdt. Orig.; Eff. date, 21 May 70
FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7060 RULES AND REGULATIONS 7. By amending § 97.27 of Subpart C to establish non directional beacon (automatic direction finder) (NDB/ADF) procedures as follows: Standard I nstrument Approach P rocedure—Type NDB Terminal routes Missed approach Minimum From— To— Via altitudes MAP: OKS NDB. (feet) SNY VORTAC...... OKS N D B...... Direct___ 6000 Climb to 5500' on 110° Bearing, right turn, Hickory In t...... OKS NDB...... Direct___ ...... 5700 return to OKS NDB. Supplementary charting information: Final approach crs intercepts runway centerline extended at 2100'. Procedure turn S side of crs, 290° Outbnd, 110° Inbnd, 5500' within 10 miles of OKS NDB. Final approach crs, 110°. MSA: 000°-090°—5100'; 090°-180°—5200'; 180°-360°—5400'. Use Sidney, Nebr., altimeter setting. D ay and N ig h t M inim u m s Category A B C D MDA VIS HAT MBA VIS HAT MDA VIS HAT MDA VIS S-12...... 4250 1 858 4240 1M 858 4240 1)4 858 MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 4240 1 858 4240 l j i 858 4240 1}4 858 NÀ Takeoffj Standard. Alternate—Not authorized. City, Oshkosh; State, Nebr.; Airport name, Oshkosh Municipal; Elev., 3382'; Fac. Ident. OKS; Procedure No. NDB (ADF) Runway 12, Arndt. Orig.; Eff. date, 21 May 70 Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 2.3 miles after passing BCC NDB. (feet) TAL VOR______BCC NDB_____ <______Direct______2000 Climbing right turn to 2500' on 225° bearing BCC NDB within 15 miles. Supplementary charting information: Terrain 852', 2.3 miles ENE of airport. Procedure turn S side of crs, 225° Outbnd, 045°-Inbnd, 1800' within 10 miles of BCC NDB. Shuttle descent below 2100' not authorized; procedure turn required. FAF, BCC NDB. Final approach crs, 063°. Distance FAF to MAP, 2.3 miles. Minimum altitude over BCC NDB, 1200'. MSA: 055°-145°—40007; 145°-235°—2500'; 235°-325°—4700'; 325°-055°—4800'. N ote: Circling not authorized N of Runways 6/24. ‘When control zone not effective, except for operators with approved weather reporting service, use Fairbanks altimeter setting; MDA increased by 540'; alternate minimums not authorized. %Runway 6 immediate right turn, climb direct to BCC NDB. IF R departures from 240° CW to 070° climb on 225° bearing BCC NDB so as to cross NDB northbound at or above 2500'. D ay and N igh t Minim um s Category A BC D MDA VIS HAA MDA VIS HAAMDA VISHAAMDA VIS HAA C * -.-...... 700 1 472 700 1 472 700 m 472 780 2 552 Takeoff Standard.% Alternate—Standard.* City, Tanana; State, Alaska; Airport name, Ralph M. Calhoun Memorial; Elev., 228'; Fac. Ident, BCC; Procedure No. NDB (ADF) Runway 6, Arndt. Orig.; Eff. date, 21 May 70 FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 RULES AND REGULATIONS 7061 8. By amending § 97.27 of Subpart C to amend nondirectional beacon (automatic direction finder) (NDB/ADF) proce dures as follows: Standard I nstrument Approach P rocedure—T ype NDB (ADF) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation; Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an Instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following Instrument approach procedure, unless an approach is conducted In accordance with a different procedure for such airport authorized by the Administrator. Initial approach m inim um altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Terminal routes Missed approach Minimum MAP: 5.7 miles Runway 6L or 6.5 miles From— T o - Via altitudes Runway 6R after passing Gem City (feet) LOM. DAY VORTAC...... -___ Gem City LOM...... Direct. 2700 Climb to 2000' on 056° crs, make left-climb- Rudy NDB...... Gem City LOM...... Direct. 2700 ing turn to 3000' direct DAY VORTAC Camden Int...... -...... — Gem City LOM (NOPT)...... Direct. 2600 and hold. Lewisburg I n t...... Gem City LOM (NOPT)...... Direct. 2600 Supplementary charting information: Hold W, 1 minute, right turns, 084° Inbnd. Runway 6L, TDZ elevation, 997'. Runway 6R, TDZ elevation, 1008'. Procedure tum N side of crs, 236° Outbnd, 056° Inbnd, 2700' within 10 miles of Gem City LOM. FAF, Gem City LOM. Final approach era Runway 6L, 066°; Runway 6R, 065°, Distance FAF to MAP Runway 6L, 5.7 miles; Runway 6R, 6.5 miles. Minimum altitude over Giern City LOM, 2600'. MSA: 000°-090°—2400'; 090°-270°—3100'; 270°-360°—2400', N ote: Radar vectoring. D ay an d N ight Minimums A B C D Cond. ------MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-6L...... 1460 RVR 40 463 1460 RVR 40 463 1460 RVR 40 463 .1460 RVR 50 463 M R...... 1500 1 492 1500 1 492 1500 1 492 1500 1 492 . MDA VIS HAA MDA VIS HAA MDA ! VIS HAA MDA VIS HA A C...... 1500 1 492 1500 1 492 1500 492 1560 2 652 A...... Standard. T 2-eng. or less—Runway 6L, RVR 24; Standard all T over 2-eng.—Runway 6L, RVR 24; Standard all other other runways. runways. City, Dayton; State, Ohio; Airport name, James M. Cox-Dayton Municipal; Elev., 1008'; Facility, AT; Procedure No. NDB (ADF) Runways 6 L/R, Arndt. 1; Eft. date May 70; Sup. Arndt. No. Orig.; Dated, 20 Nov. 69 Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 2.3 miles after passing HKS NDB. (feet) Phoenix Int...... HKS NDB...... Direct. 2000 Climb to 2700' on crs 183° from HKS NDB Flora Int...... HKS NDB...... Direct. 2000 within 15 miles. Bolton Int...... HKS NDB...... Direct. 2000 Supplementary charting information: Raymond Int... HKS NDB...... Direct. 2900 Tower 1049', 3.5 miles SW of airport. Byram Int...... HKS NDB...... Direct. 2100 H IR L Runways 11/29. Florence Int___ HKS NDB...... Direct. 2100 Chart 1949' tower 3.5 miles SE Raymond Brandon Int___ HKS NDB...... Direct. 2000 Int. Rankin Int...... HKS NDB...... Direct. 2000 Barnett In t... HKS NDB...... Direct. 2000 JAN VORTAC. HKS NDB (NOPT) Direct. 1400 Procedure turn W side of crs, 003° Outbnd, 183° Inbnd, 2000' within 10 miles of HKS NDB. r AF, HKS NDB. Final approach crs, 183°. Distance FAF to MAP. 2.3miles. Minimum altitude over HKS NDB, 1400'. MSA: 000°-090°—1700'; 090°-180°—2000'; 180°-270°—3400'; 270°-360°—1700'. N ote: Radar vectoring, D ay an d N ight Minimums A B C Cond. D MDA VISHAA MDA VIS HAA MDA VIS HAA MDA VIS HAA c„. 1 499 840 1 499 840 1M 499 900 2 559 A... T 2-eng. or less—Standard. T over 2-eng.—Standard. City, Jackson; State, Miss,; Airport name, Hawkins Field; Elev., 341'; Facility, HKS; Procedure No. NDB (ADF)-l, Arndt. 9; Eff. date, 21 May 70; Sup. Arndt. No 8* Dated 8 Ja n .70 / FEDERAL REGISTER, VOL 35, NO. 87— TUESDAY, MAY 5, 1970 7062 RULES AND REGULATIONS Standard I nstrument Approach P rocedure—T ype NDB (ADF)—Continued Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 5.3 miles after passing PR R NDB. (feet) MIA VO ITAC...... : ...... P R R NDB...... Direct. 1600 Climb to 1600', left turn, direct to PRR BSYVOR ...... -...... P R R NDB...... Direct. 2000 NDB and hold. Portland NDB/LOM...... i — P R R NDB...... !.. Direct. 1600 Supplementary charting information: Hold SW, 1 minute, left turns, 052° Inbnd. TDZ elevation, 9'. Procedure turn N side of crs, 232° Outbnd, 052° Inbnd, 1600' within 10 miles of PR R NDB. FAF, PR R NDB. Pinal approach crs, 068°. Distance FAF to MAP, 5.3 miles. Minimum altitude over PR R NDB, 1600'. MSA: 000°-270°—2100'; 270°-360°—1700'. N otes: (1) Radar vectoring. (2) Tamiami Tower operating 0700-2300. (3) Use Miami FSS altimeter setting when control zone not effective. ♦Circling and straight-in MDA increased 25' when control zone not effective. . # Alternate minimums not authorized when control zone not effective. Day and Night Minimums A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-9R*...... : ...... 460 1 451 460 1 451 460 1 451 460 1 451 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C*...... 480 1 471 480 1 471 480 1M 471 560 2 551 A...... Standard.# T 2-eng. or less—Standard. T over 2-eng.—Standard. • City, Miami; State, Fla.; Airport name, New Tamiami; Elev., O'; Facility, P R R ;’Procedure No. NDB (ADF) Runway 9R, Arndt. 3; Eff. date, 21 May 70; Sup. Arndt. No.l NDB (ADF) Runway 9L; Dated, 11 July 68 9. By amending § 97.29 of Subpart C to amend instrument landing system (ILS) procedures as follows: STANDARD INSTRUMENT APPROACH PROCEDURE---TYPE ILS Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach m inim um altitudes shall correspond with those established for en route operation in the particular area or as set forth below. Terminal routes t Missed approach Minimum MAP: ILS DH Categories A, B, C 2320'; From— To— ■ Via altitudes Category D 2370'; LOO 3.7 miles after (feet) passing BF LOM. BFD VORTAC... '...... BF LOM______Direct______3600 Climb to 3600' on crs 322° within 10 miles. Return to BF LOM and hold. Supplementary charting information: Hold SE, 1 minute, left turns, 322° Inbnd. 2261' light beacon 1500' down Runway 32 from threshold and 1375' left of centerline. Runway 32, TDZ elevation, 2120'. Procedure turn W side of crs, 142° Outbnd, 322° Inbnd, 3600' within 10 miles of BF LOM. FAF, BF LOM. Final approach crs, 322°. Distance FÂF to MAP, 3.7 miles. Minimum glide slope interception altitude, 3600'. Glide slope altitude at OM, 3357'; at MM, 2311'. Distance to runway threshold at OM, 3.8 miles; at MM, 0.5 mile. MSA: 000°-360°—3800'. Notes: (1) Sliding scale not authorized. (2) Air carrier will not reduce landing visibility due to local conditions. Day and Night Minimums A B CD Cond. DH VIS HATDHVIS HATDHVIS HAT DHVIS HAT S-32...... 2320 Y i 200 2320 M 200 2320 Y i 200 2370 y* 250 LOC: MDAVIS HAT MDA VISHATMDA VIS HAT MDAVIS HAT S-32Í-...... 2420 H 300 2420 % 300 2420 % 300 2420 1 * 300 MDAVISHAAMDAVISHAAMDA VISHAA MDA VIS HAA C...... 2580 1 437 2600 1 457 26Ó0 m 457 2700 2 557 A...... T 2-eng. or less—Standard T over 2-eng.-—Standard. City, Bradford; State, Pa.; Airport name, Bradford Regional; Elev., 2143'; Facility, I-BFD; Procedure No. ILS Runway 32, Arndt. 2; Eff. date, 21 May 70; Sup. Arndt. No. 1; Dated, 18 Dec. 69 FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 RULES AND REGULATIONS 7063 Standard I nstrument Approach P rocedure—T i p s ILS—Continued Terminal routes Missed approach Minimum To— Via altitudes MAP: ILS DH, 1197'; LOC 5.7 miles after From— (feet) passing Gem City LOM DAY VORTAC...... -...... Gem City LOM...... ___Direct______2700 Climb to 2000' on 056° ers make left-climb- Rudy N DB______------______Gem City LOM...... 2700 ing turn to 3000' direct DAY VORTAC Camden In t___1...... Gem City LOM (N O P T )____ ...... Direct______2600 and hold...... Gem City LOM (NOPT)_____ ...... 2600 Supplementary charting information: Lewisburg I n t...... Hold W, 1 minute, right turns, 084° Inbnd. Runway 6L, TDZ elevation, 997'. Procedure turn N side of ere, 236° Outbnd, 056° Inbnd, 2700' within 10 miles of Gem City LOM. FÀF, Gem City LOM. Final approach ers, 066°. Distance FAF to MAP, 5.7 miles. Minimum Glide slope interception altitude, 2600'. Glide slope altitude at OM, 2594'; at MM, 119r. Distance to runway threshold at OM, 5.7 miles; at MM, 0.6 mile. MSA: 000°-090°—2400'; 090°-270°—3100'; 270°-360°—2400'. N ote: Radar vectoring. ' Day and N ight Minimums A B C D______COnd* DH VIS ttat DH VIS HAT DH VIS HAT DH VIS HAT ...... 1197 RVR 24 200 1197 RVR 24 200 1197 RVR 24 200 1197 RVR 24 200 LOC: MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S_6L...... 1360 RVR 40 363 1360 RVR 40 363 1360 RVR 40 363 1360 RVR 40 363 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 1...... „ 1460 1 452 1460 1 452 1460 M 452 1560 2 552 A Standard. T 2-eng. or less—Runway 6L, RVR 24; Standard all other T over 2-eng — Runway 6L, RVR 24; Standard all other Runways. Runways. City, Dayton; State, Ohio; Airport name, James M. Cox-Dayton Municipal; Elev., 1008'; Facility, I-ATD; Procedure No. ILS Runway 6L, Arndt. 1; Efl. date, 21 May 70; Sup. Arndt. No. Orig.; Dated, 20 Nov. 69 , Terminal routes Missed approach Minimum From— To— Via ' altitudes MAP: 4.9 miles after passing Beach Int. (feet) Turtle Int...... Beach Int (NOPT). LOC ers______1600 Climb to 1600^ direct to PB NDB and hold. PBIVORTAC...... -...... Beach In t...... LOC ers______1600 Supplementary charting information: R-2220, PBI VORTAC CCW...... LOC ers (NOPT).. 14-mile Arc PBI, R 102° 1600 Hold W, 1 minute, left turns, 093° Inbnd. lead radial. R 321«, PBI VORTAC CW...... LOC ers (NOPT). 14-mile Arc PBI, R 085° 1600 H I RL Runways 9L/27R. lead radial. MIRL Runways 13/31. 14-mile DME...... Beach Int (NOPT). LOC ers______1600 Runway 27R, TDZ elevation, 19'. Procedure turn N side of ers, 093°, outbnd, 273° inbnd, 1600' within 10 miles of Beach 9-mile DME Int. FAF, Beach 9-mile DME Int. Final approach ers, 273°. Distance FAF to MAP, 4.9 miles. Minimum altitude over Beach 9-mile DME Int—1600'. MSA: Not authorized. N ote: DME required for this procedure. Inoperative component table does not apply to H IR L ’s Runway 27R. ASR. D ay a n d N ight Minimums Category A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-LOC 27R...... 400 1 381 400 1 381 400 1 381 400 J 381 MDA VIS HAA MDA VIS HAA MDA VIS ÇAA MDA VIS HAA Circling...... 460 1 441 480 1 461 480 1J3 461 680 2 661 Takeoff Standard. Alternate—Standard. City, West Palm Beach; State, Fla.; Airport name, Palm Beach International; Elev., 19'; Fac. Ident., I-FBI; Procedure No. LOC (BC) Runway 27B, Arndt. 1; Efl. date, 21 May 70; Sup. Arndt. No. Orig.; Dated, 19 Mar. 70 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), and 601, Federal Aviation Act of 1958, 49 U.S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752,775) Issued in Washington, D.C., on April 14, 1970. W illiam G. S hreve, Jr., Acting Director, Flight Standards Service. [F.R. Doc. 70-4854; Filed, May 4, 1970; 8:45 ajn.] FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 No. 87----- 3 7064 RULES AND REGULATIONS Chapter VIII— Agricultural Stabiliza containers which do not meet the ma Title 7— AGRICULTURE tion and Conservation Service terial specifications and which have not been packed by the specified methods, it Chapter I— Consumer and Market (Sugar), Department of Agriculture is imperative that usage of the term ing Service (Standards, Inspections, SUBCHAPTER I— DETERMINATION OF PRICES “tight-fill” be in accordance with the Marketing Practices), Department PART 877— SUGARCANE; PUERTO requirements hereafter set forth. of Agriculture After consideration of all relevant RICO matter presented, including that in the SUBCHAPTER C— REGULATIONS AND STAND Fair and Reasonable Prices for notice, the recommendations by the Plum ARDS UNDER THE AGRICULTURAL MARKETING Commodity Committee, and other avail ACT OF 1946 1969-70 Crop able information, it is herèby found that PART 53— LIVESTOCK, MEATS, PRE Correction the regulation hereinafter set forth is in PARED MEATS, AND MEAT PROD accordance with said amended market In F.R. Doc. 70-4582, appearing at ing agreement and order and will tend UCTS (GRADING, CERTIFICATION, page 6110, in the issue of Wednesday, to effectuate the declared policy of the AND STANDARDS) April 15, 1970, under Schedule A, in the center column, the first of the two for act in that it will facilitate the more effi Subpart A— Regulations cient handling of California plums and mulas beginning “Pol DCF=” should contribute to more effective operations F ees for G rading S ervice read “Brix DCF=”. under said marketing agreement and order. Pursuant to the authority of sections Chapter IX— Consumer and Market 203 and 205 of the Agricultural Market Said regulation is as follows: ing Service (Marketing Agreements ing Act of 1946, as amended (7 U.S.C. § 917.419 Plum Regulation 5. 1622, 1624), the provisions of 7 CFR and Orders; Fruits, Vegetables, 53.29(a) prescribing fees in connection Nuts), Department of Agriculture (a) Order. On and after May 15,1970, no handler shall ship any package or with the performance of Federal meat [Plum Reg. 5] grading services are hereby amended by container of any variety of plums except changing the phrases “$10 per hour,” PART 917— HANDLING OF FRESH in accordance with the following terms “$12 per hour,” and “$20 per hour” to and conditions: PEARS, PLUMS, AND PEACHES (1) Such plums, when shipped in ”$10.80 per hour,” “$13 per hour,” and GROWN IN CALIFORNIA “$21.60 per hour” respectively. closed packages or containers, shall con The Agricultural Marketing Act of Container and Pack Regulation form to the requirements of standard 1946 provides for the collection of fees pack; equal as nearly as may be to the cost Notice was published in the April 9 (2) The diameters of the smallest and of the services, such as Federal meat and 16, 1970, issues of the F ederal R eg largest plums in any individual package grading services, rendered under its ister (35 F.R. 5815,6186) that considera or container shall not vary more than provisions. The Federal Employees tion was being given to a proposal by one-fourth (%) inch: Provided, That a Salary Act of 1970 (Public Law 91-231) the Plum Commodity Committee, estab total of not more than five (5) percent, and Executive Order 11524, April 15, lished under the marketing agreement, by count, of the plums in any package 1970, have required increases in salaries as amended, and Order No. 917, as or container may fail to meet this paid to Federal employees engaged in amended (7 CFR Part 917), regulating requirement; the performance of Fédéral meat grad the handling of fresh pears, plums, and (3) Each package or container of ing services. Therefore, it has been deter peaches grown in California, effective plums shall bear on one outside end, in mined that in order to cover the in under the applicable provisions of the plain sight and in plain letters, the name creased cost of Federal meat grading Agricultural Marketing Agreement Act of the variety if known or, when the services resulting from increases in of 1937, as amended (7 U.S.C. 601-674). variety is not known, the words “un salaries paid to Federal employees, the The proposal is that the current pack known variety”; hourly fee must be increased as provided regulation for California plums (§ 917.- (4) Each package or container of for herein. The need for the increase 372 Plum Regulation 1; 31 F.R. 7241) be plums shall bear on one outside end, in and the amount thereby are dependent replaced by a new container and pack plain sight and in plain letters, the size upon facts within the knowledge of the regulation. description of the contents which de Consumer and Marketing Service. During the period provided in said scription shall conform to the following, Therefore, under the provisions of 5 notice for filing written data, views, or as applicable: U.S.C. 553, it is found that nptice and arguments in connection with said pro (i) When packed in four-basket crates, other procedure with respect to this posal, no such material was submitted. the size shall be indicated in accordance amendment are impractical and The proposed regulation would con with the arrangement of the plums in unnecessary. tinue the current pack requirements the top layer of the baskets, such as 5 x 5, while adding certain pack and con 4 x 5, 3 x 4 x 5, etc. This amendment shall become effec tainer requirements applicable to plum (ii) When packed in face and fill tive May 31, 1970, with respect to all containers which bear the optional packs in cartons or lug boxes, the size Federal meat grading services rendered “tight-fill” marking. Recent innova shall be indicated in accordance with the on and after that date, including service number of rows in the face, such as “6 under commitment agreement whether tions in packing employ mechanical heretofore or hereafter made. methods to settle plums into a tight row”, “8 row”, etc. pack in containers that meet certain (iii) When packed or filled in other (Secs. 203, 205, 60 Stat. 1087, 1090, 7 U.S.C. construction specifications as to material packages or containers, the size shall be 1622,1624) and strength. The engineered result is indicated in accordance with the num Done at Washington, D.C., this 30th greatly reduced bruising of the fruit ber of plums in the package or container, day of April, 1970. which provides consumers with better or by the equivalent size designation for quality plums to the end that market such plums when packed in four-basket G. R. G range, demand is enhanced and financial re crates. Deputy Administrator, turns to producers are maximized in (b) Subject to the provisions herein Marketing Services. accordance with the declared policy of after set forth in paragraph (c), any [F.R. Doc. 70-5459; Filed, May 4, 1970; the act. In order to prevent the decep package or container of any variety of 8:47 a.m.] tive practice of marking, as “tight-fill", plums may be marked with the words FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 RULES AND REGULATIONS 7065 “tight-fill” orily if such package or con Dated; April 30, 1970. through 6 p.m. of any Monday through tainer and the contents thereof meet the Saturday: Provided, That: P aul A. N icholson, (1) A handler may package during a following requirements: Deputy Director, Fruit and Veg (1) The depth of each container shall different period in any specified day or etable Division, Consumer and days consisting of the same number of be equal to at least three times the aver Marketing Service. age diameter of the plums therein as consecutive hours, upon giving the com determined by measuring representative [F.R. Doc. 70-5461; Filed, May 4, 1970; mittee and Federal-State inspection serv fruits; 8:48 a.m.] ice advance notice thereof. Such advance (2) All container faces shall be com notice shall be by telephone to the com posed of at least two complete layers of [959.310 Arndt. 3] mittee office and the Federal-State in wax- or resin-treated corrugated paper- spection service, immediately confirmed board Which treatment shall consist of PART 959-—ONIONS GROWN IN in writing on forms provided by the com coating both surfaces of each layer with SOUTH, TEXAS mittee for such purpose. wax or resin, or impregnating at least (2) Whenever a handler dining the the corrugating medium in each layer Limitation of Shipments hours when he is authorized to package with wax or resin. The material com Findings, (a) Pursuant to Marketing onions is prevented, by a condition here prising each bottom layer and one layer Agreement No. 143 and Order No. 959, inafter specified as being beyond his rea of both sides and both ends of each con both as amended (7 CFR Part 959), sonable control, for more than one con tainer shall have been marked or certi regulating the handling of onions grown secutive hour from so packaging onions, fied as having a Mullen or Cady test in designated counties in South Texas, he may obtain permission from the com strength of at least 275 pounds, and the effective under the applicable provisions mittee to package onions during a com material in all other components of each of the Agricultural Marketing Agreement parable number of additional hours in container shall have been marked or Act of 1937, as amended (7 U.S.C. 601 the same day or a later day as specified certified as having a Mullen or Cady test et seq.), and upon the basis of the recom by the committee. The conditions that strength of at least 250 pounds; mendation and information submitted by are specified as being beyond a handler’s (3) Each container shall be well filled the South Texas Onion Committee, reasonable control are: and the plums therein shall have been established pursuant to said marketing (i) Interruption of utility services; or well settled by vibration, according to agreement and order, and upon other (ii) Adverse weather; or approved and recognized methods; available information, it is hereby found (iii) Fire; or (4) Each container shall have a top that the amendment to the limitation of (iv) Mechanical failure of grading pad containing wood excelsior or redwood shipments regulation, hereinafter set equipment; or bark. Such pads that contain wood ex forth, will tend to effectuate the declared (v) Labor strike at the packing shed; celsior shall weigh at least 160 pounds policy of the act. or per 1,000 square feet of pad and such (b) It is hereby found that it is im (vl) Such other similar conditions as pads that contain redwood bark shall practicable and contrary to the public are so determined by the committee. weigh at least 200 pounds per 1,000 interest to give preliminary notice or (a) Whenever a handler is so pre square feet of pad; and engage in public rule making procedure, vented from packaging onions he shall (5) The cover shall be firmly seated and that good cause exists for not post immediately have a Federal-State In against the lower half of each container poning the effective date of this amend spector note the reason for such occur and firmly fastened to it. ment until 30 days after publication in rence and the time thereof. (c) Ten percent of the packages or the F ederal R egister (5 U.S.C. 553) in (b) The handler shall notify the com containers in any lot may fail to meet that (1) the 1970 marketing season for mittee by telephone within 2 hours of the requirements of paragraph (b) of South Texas onions is currently in prog the inception of such condition and shall this regulation. ress and peak volume shipments are now give immediate written confirmation (d) When used herein, “standard being made, (2) compliance with this thereof on forms provided by the com pack” and “diameter” shall have the re amendment will not require any special mittee for this purpose. spective meanings set forth in the U.S. preparation by handlers, (3) information (3) Exemptions for special purposes. Standards for Grades of Fresh Plums regarding the committee’s recommenda Onions for: (i) Export to locations out and Prunes (7 CFR 51.1520-1538), and tion has been disseminated to producers side the North American continent other all other terms shall have the same and handlers in the production area, (4) than Puerto Rico and not for reimporta meaning as when used in the amended the marketability of onions changes very tion; and (ii) repackaging into consumer marketing agreement and order. rapidly with little forewarning, and a size packages when such onions have (e) Plum Regulation 1 (31 F.R. 7241) period of glut is now rapidly approaching been previously packaged during author is hereby terminated at the effective requiring that this amendment become ized hours for such packaging, have been time hereof. immediately effective to decrease exces inspected by a Federal-State inspector It is hereby found that it Is impracti sive shipments of onions, (5) delaying and have complied with such other regu cable, unnecessary, and contrary to the the effective date of the amendment to lations in effect issued pursuant to public interest to postpone the effective the regulation would afford handlers an § 959.52 of this part; are exempt from date hereof until 30 days after publica opportunity to increase their shipments the restrictions on the packaging and tion in the F ederal R egister (5 U.S.C. of production area onions prior to the loading of onions on Sundays and the 553) in that (1) pack regulations for effective date thereby tending to nullify restrictions on the hours when onions California plums are currently in effect, any benefits that may otherwise be de may be packaged pursuant to § 959.53, (2) seasonal handling of California rived from such amendment to the Handling for special purposes, provided plums will begin on or about May 15, regulation. that the safeguard requirements of 1970, and to be of maximum benefit to Regulation, as amended. In § 959.310 §§ 959.120-959.126 are complied with in handlers and consumers the additional (34 F.R. 19290 and 35 F.R. 5607,6312, and addition to those hereinafter provided. requirements in this regulation should 6748) the Limitation of Shipments regu Further provided that if any onions ex become effective no later than such date, lation is amended by adding, to the end empted hereunder as being for export (3) the effective date hereof will not re thereof, an additional regulation to limit are in fact handled for other nonexempt quire of handlers any preparation that the packaging hours for South Texas purposes, there shall be deducted from cannot be completed prior thereto, and onions, to read as follows: the handler’s remaining authorized pack (4) this regulation was unanimously aging hours the number of hours the recommended by members of the Plum § 959.310 Limitation of shipments. committee determines were utilized to Commodity Committee in an open meet * * * * * package such onions handled for non ing at which all interested persons were (h) Packing limitations. exempt purposes. afforded an opportunity to submit their During the period beginning on the (4) Safeguards, (i) The handler shall views. effective date hereof through May 16, make application for exemption for (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 1970, the packaging of onions is pro handling for such special purposes on 601-674) hibited except during the hours of 2 p.m. forms prescribed by, and available at the FEDERAL REGISTER, VOL. 35, NO, 8.7— TUESDAY, MAY 5, 1970 7066 RULES AND REGULATIONS office of the South Texas Onion Com that there were under consideration pro mittee. Upon request by the committee posals regarding expenses of the Title 9— ANIMALS AND the following information shall be sup Control Committee (established under plied by the applicant: the Amended Marketing Agreement and ANIMAL PRODUCTS (a) Name and address of the handler. Amended "Order No. 195 (7 CFR Part Chapter I— Agricultural Research 1201) regulating the handling of Type (b) Location of shed at which onions Service, Department of Agriculture will be packaged for which exemption is 62 shade-grown cigar-leaf tobacco grown requested. in designated production area of Florida SU.BCHAPTER C— INTERSTATE TRANSPORTATION (c) Reason for request. and Georgia and related rate of assess OF ANIMALS AND POULTRY (d) Anticipated date of shipment. ment for the fiscal period ending Jan (e) Mode of transportation and, if for uary 31, 1971. The amended marketing PART 76-—HOG CHOLERA AND export, name of vessel. agreement and amended order are effec OTHER COMMUNICABLE SWINE (/) If for export, port of debarkation. tive under the Agricultural Marketing DISEASES (g) Estimated quantity of each varietal Agreement Act of 1937, as amended (7 type and size for which exemption is U.S.C. 601 et seq.). Areas Quarantined requested. After consideration of all relevant mat Pursuant to provisions of the Act of (h) Remarks, if any. ters presented, including the aforesaid May 29, 1884, as amended, the Act of (i) Signature of applicant and date. February 2, 1903, as amended, the Act (?) Other information that may be notice, it is hereby found as follows with of March 3, 1905, as amended, the Act required by the committee. respect to the expenses of the Control of September 6, 1961, and the Act of (ii) (a) If it is determined by the Committee for the fiscal period ending July 2, 1962 (21 U.S.C. 111-113, 114g, committee from the available informa January 31, 1971, and the related as 115, 117, 120, 121, 123-126, 134b, 134f), tion that the applicant is entitled to an sessment rate: Part 76, Title 9, Code of Federal Regula exemption for a quantity of onions, and tions, restricting the interstate move if it is concluded that such exemption will § 1201.300 Expenses and rate of assess ment of swine and certain products not jeopardize the objectives of the pro ment for the fiscal period ending because of hog cholera and other com gram, the committee shall issue one or January 31,1971. municable swine diseases, is hereby more exemption certificates to such (a) Expenses. Expenses in the amount amended in the following respects: handler. of $7,600 are reasonable and likely to be 1. In § 76.2, the introductory portion of (b) If it is determined from the availincurred by the Control Committee for paragraph (e) is amended by adding able information that the applicant is not its maintenance and functioning during the name of the State of Indiana thereto entitled to an exemption, he will be in the fiscal period ending January 31,1971. and a new paragraph (e) (24) relating to formed by written notice why the appli the State of Indiana is added to read: cation was not granted. Ob) Rate of assessment. The rate of assessment which each handler shall pay, (e) * * * (iii) Handlers repackaging onions or (24) Indiana, (i) That portion of packaging onions for export must, in ad in accordance with the applicable pro Knox County bounded by a line begin dition to complying with the foregoing, visions of said amended marketing agree ning at the junction of U.S. Highway telephone or otherwise notify the com ment and amended order, as his pro rata 150.50 and the Knox-Daviess County mittee office prior to such handling of line; thence, following the Knox-Daviess onions and inform the committee of the share of the aforesaid expenses is hereby fixed at $1.50 per 1,000 pounds of tobacco County, line in a generally southerly di period that they will be so handling rection to the Knox-Pike County line; onions during hours other than those handled by such handler as the first thence, following the Knox-Pike County authorized for the packaging of onions. handler thereof during the fiscal period line in a generally westerly direction to (iv) The handlers shall report all ending January 31,1971. the Harrison-Johnson Township line; shipments made under an approved ex (c) Terms used in this section shallthence, following the Harrison-Johnson emption on a form furnished by the have the same meaning as when used Township line in a generally northerly committee. in said amended marketing agreement direction to the Johnson-Palmyra Town (Secs. 1-19,48 Stat. 31, as amended; 7 U.S.C. ship line; thence, following the Johnson- 601 etseq.) and amended order. Palmyra Township line in a northerly It is hereby further found that good direction to the Palmyra-Vincennes Dated: May 1,1970, to become effective cause exists for not postponing the ef Township line; thence, following the May 4,1970. Palmyra-Vincennes Township line in a Arthur E. B rowne, fective time of this action until 30 days Deputy Director, Fruit and Veg after publication in the F ederal R eg northerly direction to U.S. Highway ister (5 U.S.C. 553) in that (a) the rele 150,50; thence, following U.S. Highway etable Division, Consumer and 150.50 in a southeasterly direction to its Marketing Service. vant provisions of said amended market junction with the Knox-Daviess County [F.R. Doc. 70-5526; Filed, May 4, 1970; ing agreement and amended order re line. 8:49 a.m.] quire that the rate of assessment fixed (ii) That portion of Rush County for a particular fiscal period shall be bounded by a line beginning at the junc Chapter XI— Consumer and Market applicable to all assessable tobacco, han tion of County Road 300S and the Rush- dled during such fiscal period, and (b) Fayette County line; thence, following ing Service (Marketing Agreements the Rush-Fayette County line in a south and Orders: Miscellaneous Com the current fiscal period began Feb erly direction to the Rush-Franklin modities), Department of Agricul ruary 1, 1970, and the rate of assessment County line thence, following the Rush- ture herein fixed will automatically apply to Franklin County line in a southerly di all such assessable tobacco beginning rection to the Rush-Decatur County PART 1201— TYPE 62 SHADE- with sùch date. line ; thence, following the Rush-Decatur GROWN CIGAR-LEAF TOBACCO (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. County line in a westerly direction to GROWN IN DESIGNATED PRODUC 601-674) the Richland-Anderson Township line; TION AREA OF FLORIDA AND thence, following the Richland-Anderson GEORGIA Dated: April 30,1970. Township line in a northerly direction to J ack Thomason, the Anderson-Noble Township line; Subpart— Expenses and Rate of Director, Tobacco Division, thence, following the Anderson-Noble Assessment Consumer and Marketing Service. Township line in a northerly direction to the Noble-Rushville Township line; Notice was published in the F ederal ]F.R. Doc. 70-5462; Filed, May 4, 1970; R egister on April 7, 1970 (35 F.R. 5627), 8:48 am.] thence, following the Noble-Rushville FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 RULES AND REGULATIONS 7067 Township line in a northerly direction ondary Road 1733 in a northwesterly 7. In § 76.2, subparagraph (e) (3) re to County Road 300S; thence, following direction to Secondary Road 1719; lating to the State of Georgia is amended County Road 300S in an easterly direc thence, following Secondary Road 1719, to read: tion to its junction with the Rush- in a northerly direction to Sec (e) * * * Payette County line. ondary Road 1718; thence, following (3) Georgia. That portion of Marion 2. In § 76.2, in paragraph (e) (19) Secondary Road 1718 in a generally County bounded by a line beginning at relating to the State of Texas, a new easterly direction to Secondary Road the junction of State Highway 41 and subdivision Txvii) relating to Cottle 1715; thence, following Secondary the Juniper Creek; thence, following County, and a new subdivision (xviii) Road 1715 in a southeasterly direction to State Highway 41 in a generally south relating to El Paso County are added to the Wayne-Lenoir County line; thence, erly direction to Secondary Route S640; read: following the Wayne-Lenoir County line thence, following Secondary Route S640 (e) * * * in a northeasterly direction to the in a generally southwesterly direction to (19) Texas. * * * Greene-Lenoir County line; thence, fol the Marion-Chattahoochee County line; (xvii) That portion of Cottle County lowing the Greene-Lenoir County line thence, following the Marion-Chatta bounded by a line beginning at the junc in an easterly direction to its junction hoochee County line in a generally north tion of Farm to Market Road 104 and the with Secondary Highway 1001. erly direction to the Upatoi Creek; Pease River; thence, following Farm to (iii) That portion of Pasquotank thence, following the south bank of the Market Road 104 in a generally south County bounded by a line beginning at Upatoi Creek in an easterly direction westerly direction to U.S. Highway 70; the junction of Secondary Road 1144 and to the Juniper Lake; thence, following thence, following U.S. Highway 70 in a the Norfolk Southern Railway; thence, the west bank of the Juniper Lake in a generally southwesterly direction to the following the Norfolk Southern Railway generally southeasterly direction to the Cottle-Motley County line; thence, fol in a northeasterly direction to U.S. High Juniper Creek; thence, following the lowing the Cottle-Motley County line in way 17,158; thence, following U.S. High south bank of the Juniper Creek in an a northerly direction to the South Pease way 17, 158 in a southerly direction to easterly direction to its junction with River; thence, following the south bank State Highway 168; thence, following State Highway 41. of the South Pease River in a generally State Highway 168 in a southeasterly di (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, northeasterly direction to the Pease rection to Secondary Road 1169; thence, 32 Stat. 791-792, as amended, secs. 1-4, 33 River; thence, following the south bank following Secondary Road 1169 in a Stat. 1264, 1265, as amended, sec. 1, 75 Stat. of the Pease River in a generally south southwesterly direction to Secondary 481, secs. 3 and 11, 76 Stat. 130, 132; 21 easterly direction to its junction with Road 1101; thence, following Secondary U.S.C. I ll, 112, 113, 114g, 115, 117, 120, 121, Farm to Market Road 104. Road 1101 in a northwesterly direction 123-126, 134b, 134f; 29 FJR. 16210, as (xviii) That portion of El Paso to Secondary Road 1135; thence, follow amended) County bounded by a line beginning at ing Secondary Road 1135 in a south Effective date. The foregoing amend the junction of State Highway 375 and westerly direction to Secondary Road ments shall become effective upon Interstate Highway 10; thence, follow 1139; thence, following Secondary Road issuance. ing Interstate Highway 10 in a south 1139 in a northerly direction to Sec The amendments quarantine a portion easterly direction to State Highway 793; ondary Road 1144; thence, following of Menard County, 111.; portions of thence, following State Highway 793 in a Secondary Road 1144 in a northwesterly Holmes and Attala Counties in Missis southwesterly direction to U.S. Highway direction to its junction with the Norfolk sippi; portions of Wayne, Lenoir, and 80; thence, following U.S. Highway 80 in Southern Railway. Pasquotank Counties in North Carolina; a northwesterly direction to Farm to 5. In § 76.2, in paragraph (e) (8) re portions of Cottle and El Paso Counties Market Road 258; thence, following lating to the State of Mississippi, a new in Texas; and portions of Knox and Farm to Market Road 258 in a north subdivision (vii) relating to Holmes and Rush Counties in Indiana because of westerly direction to State Highway 375; Attala Counties is added to read: „ the existence of hog cholera. This action thence, following State Highway 375 in (e) * * * is deemed necessary to prevent further a northeasterly direction to its junction (8) Mississippi. * * * spread of the disease. The restrictions with Interstate Highway 10. (vii) The adjacent portions of Holmes pertaining to the interstate movement 3. In § 76.2, the introductory portion and Attala Counties bounded by a line of swine and swine products from or of paragraph (e) is amended by delet beginning at the junction of State High through quarantined areas as contained ing therefrom the name of the State of way 17 and the Holmes-Carroll County in 9 CFR Part 76, as amended, will Oklahoma; paragraph (e) (15) relating line; thence, following the Holmes- apply to such counties. to the State of Oklahoma is deleted; and Carroll County line in a southeasterly di The amendments also exclude John paragraph (f) is amended by adding the rection to the Big Black River (also son County and a portion of Laurens name of the State of Oklahoma thereto. Holmes-Attala County line) ; thence, fol County in Georgia; a portion of Gar 4. In § 76.2, in paragraph (e) (14) re lowing the west bank of the Big Black field County, Okla.; a portion of Me lating to the State of North Carolina, River in a southwesterly direction to nard County, 111.; and a portion of subdivision (iii) relating to Robeson State Highway 19; thence, following Robeson County, N.C., from the areas County is deleted; a new subdivision (ii) State Highway 19 in a southeasterly di heretofore quarantined because of hog relating to Wayne and Lenoir Counties, rection to State Highway 35; thence, cholera. Therefore, the restrictions per and a new subdivision (iii) relating to following State Highway 35 in a south taining to the interstate movement of Pasquotank County are added to read: erly direction to State Highway 43; swine and swine products from or (e) * * * thence, following State Highway 43 in a through quarantined areas as con (14) North Carolina. * * * southwesterly direction to State High tained in 9 CFR Part 76, as amended, (ii) The adjacent portions of Wayne way 14; thence, following State Highway will not apply to the excluded areas, and Lenoir Counties bounded by a line 14 in a generally southwesterly direction but will continue to apply to the beginning at the junction of the Lenoir- to State Highway 17; thence, following quarantined areas described in § 76.2. Greene County line and Secondary Road State Highway 17 in a generally north Further, the restrictions pertaining to 1001; thence, following Secondary Road westerly direction to its junction with the interstate movement from non- 1001 in a generally southeasterly direc the Holmes-Carroll County line. quarantined areas contained in said tion to Secondary Road 1327; thence 6. In § 76.2, in subparagraph (e) (4) Part 76 will apply to the areas excluded following Secondary Road 1327 in a relating to the State of Illinois, subdivi from quarantine. southwesterly direction to Secondary sion (iii) relating to Menard County is The foregoing amendments also add Road 1326; thence, following Secondary amended to read: the State of Oklahoma to the list of hog Road 1326 in a generally southwesterly (e) * * * cholera eradication States as set forth direction to Secondary Road 1318; (4) Illinois. * * * in § 76.2(f). Insofar as the amendments thence, following Secondary Road 1318 (iii) That portion of Menard County impose certain further restrictions neces in a northwesterly direction to Second comprised of Road Districts 3 and 11. sary to prevent the interstate spread of ary Road 1733; thence, following Sec- * * * * * hog cholera they must be made effective FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7068 RULES AND REGULATIONS Immediately to accomplish their purpose that the maximum amount payable by in thè public interest. Insofar as they a firm in annual charges be raised from Title 21— FOOD AND DRUGS relieve restrictions, they should be made $20,000 to $25,000. effective promptly in order to be of maxi The fees are due on June 1, and checks Chapter I— Food and Drug Adminis mum benefit to affected persons. should be mailed to the Office of the tration, Department of Health, Ed Accordingly, under the administrative Comptroller, U.S. Securities and Ex ucation, and Welfare procedure provisions in 5 U.S.C. 553, it is change Commission, 500 North Capitol found upon good cause that notice and Street NW., Washington, D.C. 20549. SUBCHAPTER A— GENERAL other public procedure with respect to The full text of Rules 15b9-l and PART 2— ADMINISTRATIVE FUNC the amendments are impracticable, un 15b9-2, which together contain all the TIONS, PRACTICES, AND PROCE necessary, and contrary to the public fee requirements for nonmember broker- DURES interest, and good cause is found for dealers, may be obtained by sending a making them effective less than 30 days written request to the Branch of Non- Subpart H— Delegation of Authority after publication in the F ederal NASD Regulation, Division of Trading D esignation of Certain Master and R egister. and Markets, Securities and Exchange Commission, 500 North Capitol Street W orking S tandards Done at Washington, D.C., this 29th NW., Washington, D.C. 20549. Under the authority vested in the Sec day of April 1970. Commission action. Pursuant to the retary of Health, Education, and Welfare F. R. Mangham, authority set forth in section 15(b) (9) of by the Federal Food, Drug, and Cosmetic Acting Administrator the Securities Exchange Act of 1934 and Act (sec. 701(a), 52 Stat. 1055; 21 U.S.C. Agricultural Research Service. in accordance with Rule 15b9-2 there 371(a)) and delegated to the Commis [PJR. Doc. 70-5464; Filed, May 4, 1970; under (17 CFR 240.15b9-2) the Commis sioner of Food and Drugs (21 CFR 2.120), 8:48 a.m.] sion hereby adopts section 249.504d of § 2.121 is amended by adding thereto the Chapter n of Title 17 of the Code of Fed following new paragraph to establish the eral Regulations (Form SECO-4-70) as described delegation of authority. set forth below: Title 17— COMMODITY AND § 2.121 Redelegations of authority from § 249.504d Form SECO-4-70, 1970, the Commissioner to other officers of assessment and information form for the Administration. SECURITIES EXCHANGES registered brokers and dealers not ***** members of a registered national se Chapter II— Securities and Exchange curities association. (n) Delegation regarding designation Commission of official master and working standards This form shall be filed, pursuant to for antibiotic drugs. The Director of the [Release No. 84-8869] Rule 15b9-2 (§ 240.15b9-2 of this chap Bureau of Drugs Is authorized to desig PART 249— FORMS, SECURITIES ter) , accompanied by the annual assess nate official Food and Drug Administra EXCHANGE ACT OF 1934 ment fee required thereunder, for the tion master and working standards for fiscal year ended June 30, 1970, on or antibiotic drugs under § 145.3 of this Adoption of Form SECO-4-70 To Set before June 1, 1970, by every registered chapter. Annual Fees for Nonmember broker-dealer not a member of a regis tered national securities association. Effective date. This order is effective Broker-Dealers for Fiscal Year on its date of signature. 1970 Incorporation by reference provisions approved by the Director of the Federal (Sec. 701 (a), 52 Stat. 1055; 21 Ü.S.C. 371 (a)) The Commission has announced the Register on May 1, 1970. Dated; April 28,1970. adoption of Form SECO-4-70 (17 CFR 249.504d) pursuant to Rule 15b9-2 (17 Note: Copies of the form have been filed S am D. F ine, . with the Office of the Federal Register, and Acting Associate Commissioner CFR 240.15b9-2) under the Securities may be obtained from the Securities and Ex Exchange Act of 1934 (“The Act”) to set change Commission, Washington, D.C. 20549, for Compliance. fees for the fiscal year 1970 for registered upon request. [F.R. Doc. 70-5442; Filed, May 4, 1970; broker-dealers who are not members 8:47 a.m.] of the National Association of Securi Effective date. The Commission finds ties Dealers, Inc. (nonmember broker- that there is good cause for the foregoing dealers) . amendment to take effect no later than SUBCHAPTER B— FQOD AND FOOD PRODUCTS June 1,1970, in order to permit sufficient Section 15(b) (9) under the Securities PART 121— FOOD ADDITIVES Exchange Act of 1934 authorizes the notice for the collection of the fees speci Commission to collect such reasonable fied therein. Therefore, it is hereby de Subpart D—-Food Additives Permitted fees and charges as may be necessary clared that the foregoing amendment in Food for Human Consumption to defray the costs of regulatory duties shall take effect on June 1, 1970. How required to be performed with respect ever, all interested persons may submit D ioctyl S odium S ulfosuccinate any comments with respect to the fore A notice was published in the F ederal to nonmember broker-dealers. Rule going amendment to the Commission at 15b9-2 (17 CFR 240.15b9-2) provides for R egister of June 10,1967 (32 F.R. 8379), the required annual fees. The amend its office in Washington, D.C. 20549, nO proposing to revise § 121.1137(b) to limit ment to Rule 15b9-2(d) (17 CFR later than May 15,1970, and in the event use of the subject additive as specified. 240.15b9-2(d) ), adopted in Release 34- that the Commission finds that the fore Following publication of the proposal, 8608 (34 F.R. 8309), provides that the going should be revised on the light of. the petitioner requested and was granted maximum fee will be set each year on any such comments, notice to that effect time to provide additional data regarding the Form SECO-4 for the particular will be published as soon as possible in the use of dioctyl sodium sulfosuccinate fiscal year. As thus amended, the maxi the F ederal R egister prior to the afore in the production of sugar. Based on an mum fee to be paid by any one broker said effective date. evaluation of the data provided, the or dealer will include the office fees as By the Commission. April 21, 1970. Commissioner of Food and Drugs con well as the base fee and the fee for each (Secs. 16(b) and 23(a), 48 Stat. 1379; 15 cludes that no tolerance is required associated person. This year’s assess U.S.C. 78o and 78w) regarding sugar, the restriction to use in ment, to be set forth on Form SECO- the production of unrefined cane sugar 4-70, will remain the same and would [SEAL] QrVAL L. DUBOIS, should be continued, and a tolerance of thus include a base fee of $100, a fee of Secretary. 25 parts per million of the additive in the $5 for each associated person, a $30 fee [F.R. Doc. 70-5435; Filed, May 1, 1970; final molasses should be established. for each office. It is proposed, however, 1:15 p.m.] Therefore, pursuant to provisions of the FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 RULES AND REGULATIONS 7069 Federal Food, Drug, and Cosmetic Act Comments were received concerning bromide are not salts of the bases N- (sec. 409 (c), (e), 72 Stat. 1786—87; 21 JB-318 and JB-336, their salts, and all ethyl-3-piperidyl benzilate and U.S.C. 348 (c), (e)), and under author their position isomers, and all the salts N-methyl-3-piperidyl benzilate, and ity delegated to the Commissioner (21 thereof, on the proposal in this matter therefore are not encompassed by the CFR 2.90), § 121.1137(b) is revised to published in the F ederal R egister of subject proposal. It is the opinion of the read as follows; March 10, 1970 (35 F.R. 4305), from the Bureau of Narcotics and Dangerous Colgate-Palmolive Co. through its Di Drugs that these compounds are prop § 121.1137 Dioctyl sodium sulfosucci- vision, Lakeside Laboratories, and its erly designated as piperidinium bromide nate. wholly owned subsidiary, Lakeside Labo benzilates. Further, to insure proper * * * * * ratories, Inc., Milwaukee, Wis., suggest control, it is necessary to place the bases (b) As a processing aid in sugar facing that the compounds N-ethyl-3- under the control requirements of the te -ies in the production of unrefined piperidyl benzilate methobromide and Drug Abuse Control Amendments of cane sugar, in an amount not in excess N-methyl-3-piperidyl benzilate metho 1965 as hallucinogenic drugs. of 0.5 part per million of the additive per bromide which are Lakeside Labora Therefore, pursuant to the provisions percentage point of sucrose in the juice, tories’ drug products Piptal and Cantil, of the Federal Food, Drug, and Cosmetic syrup, or massecuite being processed, respectively, not be listed as “depressant Act (secs. 201 (v), 511, 701, 52 Stat. 1055, and so used that the final molasses will or stimulant” drugs within the meaning as amended, 79 Stat. 227 et seq.; 21 U.S.C. contain no more than 25 parts per mil of 21 U.S.C. 321 (v) because of the in 321 (v), 360a, 371) and under the author lion of the additive. ability of these products to penetrate the ity vested in the Attorney General by * * * * * blood-brain barrier and produce a hal Reorganization Plan No. 1 of 1968 (33 Any person who will be adversely af lucinogenic effect. Lakeside further re F.R. 5611), and redelegated to the Di fected by the foregoing order may at any quests that the bases, N-ethyl-3-piperi- rector, Bureau Of Narcotics and Dan time within 30 days after its date of pub dyl benzilate and N-methyl-3-piperidyl gerous Drugs (28 CFR 0.100), § 320.3 lication in the F ederal R egister file with benzilate, not to be controlled since (c) (2) is amended by inserting the the Hearing Clerk, Department of they are required to produce Piptal and following: Health, Education, and Welfare, Room Cantil. It is the decision of the Director of § 320.3 Listing of drugs defined in 6-62, 5600 Fishers Lane, Rockville, Md. section 201 (v) of the Act. 20852, written objections thereto in the Bureau of Narcotics and Dangerous quintuplicate. Objections shall show Drugs that the compounds N-ethyl-3- * * * * * wherein the person filing will be ad piperidyl benzilate methobromide and (c) * * * versely affected by the order and specify N-methyl-3-piperidyl benzilate metho- (3) Hallucinogenic effect: with particularity the provisions of the order deemed objectionable and the Established name Some trade and other names grounds for the objections. If a hearing MDA, its salts, and all its isomers, such 3,4-methylenedioxy amphetamine (MDA) or is requested, the objections must state as optical and position, and all the salts 4,5-methylenedioxy amphetamine. the issues for the hearing. A hearing will thereof. 2,3-methylenedioxy amphetamine or 5,6- methylenedioxy amphetamine. be granted if the objections are sup MMDA, its salts, and all its isomers, such 5- methoxy-3,4-methylenedioxy amphetamine ported by grounds legally sufficient to as optical and position, and all the (MMDA) or 3-methoxy-4,5-methylenedioxy justify the relief sought. Objections may salts thereof. amphetamine. be accompanied by a memorandum or 6- methoxy-3,4-methylenedioxy amphetamine or brief in support thereof. 2-methoxy-4,5-methylenedioxy amphetamine. Effective date. This order shall be 2-methoxy-3,4-methylenedioxy amphetamine or come effective on its date of publication 6-methoxy-4,5-methylenedioxy amphetamine. 6-methoxy-2,3-methylenedioxy amphetamine or in the F ederal R egister. 2- meth©xy-5,6-methylenedioxy amphetamine. (Sec. 409 (c), (e), 72 Stat. 1786-87; 21 U.S.C. 5-methoxy-2,3-methylenedioxy amphetamine or 348 (c), (e)) 3- methoxy-5,6-methylenedioxy amphetamine. 4-methoxy-2,3-methylenedioxy amphetamine or Dated: April 24,1970. 4- methoxy-5,6-methylenedioxy amphetamine. R. E. D uggan, TMA, its salts, and, all its isomers, such 3.4.5- trimethoxy amphetamine (TMA). Acting Associate Commissioner as optical and position, and all the salts 2.4.5- trimethoxy amphetamine or 3,4,6-trimeth- for Compliance, thereof. oxy amphetamine. 4.5.6- trlmethoxy amphetamine or 2,3,4-trimeth- [F.R. Doc. 70-5443; Filed, May 4, 1970; oxy amphetamine. 8:47 a.m.] 2.3.5- trimethoxy amphetamine. 3.5.6- trimethoxy amphetamine. 2.3.6- trimethoxy amphetamine. Chapter II— Bureau of Narcotics and 2.5.6- trimethoxy amphetamine. Dangerous Drugs, Department of 2.4.6- trimethoxy amphetamine. Justice JB-318, its salts, and all its position N-ethyl-3-piperidyl benzilate (JB-318). isomers, and all the salts thereof. N-ethyl-2-piperidyl benzilate. PART 320— DEPRESSANT AND STIM N-ethyl-4-piperidyl benzilate. ULANT DRUGS; DEFINITIONS, PRO JB-336, its salts, and all its position N-methyl-3-piperidyl benzilate (JB-336). isomers, and all the salts thereof. N-methyl-2-piperidyl benzilate. CEDURAL AND INTERPRETATIVE N-methyl-4-piperidyl benzilate. REGULATIONS • * * * * * « Listing of MDA, MMDA, TMA, JB-318, and JB—336 and Their Salts as Sub Any person who will be adversely af of the order deemed objectionable and ject to Control fected by the foregoing order may at the grounds for objections. If a hearing any time within 30 days from the date is requested, the objections must state In the matter of listing MDA, MMDA, of its publication in the F ederal R egister the issues for the hearing, and such ob TMA, JB-318, and JB-336 and their file with the Chief Counsel, Bureau of jections must be supported by grounds salts as “depressant or stimulant” drugs Narcotics and Dangerous Drugs, Depart legally sufficient to justify the relief within the meaning of section 201 (v) of ment of Justice, Room 613, 1405 I sought. Objections may be accompanied Street NW., Washington, D.C. 20537, by a memorandum or brief in support the Federal Food, Drug, and Cosmetic written objections thereto. Objections thereof. All documents shall be filed in Act, because such drugs have a poten shall show wherein the person filing will six copies. tial for abuse because of their halluci be adversely affected by the order and Effective date. This order shall become nogenic effect. specify with particularity the provisions effective 31 days from the date of its FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7070 RULES AND REGULATIONS publication in the F ederal R egister, ex them must be extremely flexible and § 210.1 Definition. cept as to any provision that may be under common management both within stayed by the filing of proper objections. and outside of State waters which are (a) For the purpose of the regulations Notice of the filing of objections or lack of this part the North Pacific area is de open to commercial fishing. Therefore, fined to include all waters of the North thereof will be announced by publication the amendment sets the outside fishing Pacific Ocean and Bering Sea north of in the F ederal R egister. boundaries for salmon net fishing in 48°30' north latitude, exclusive of waters Dated: April 30, 1970. Alaska as those set forth under State of adjacent to Alaska north and west of the Alaska commercial fishing regulations. International Boundary at Dixon En J ohn E. Ingersoll, Furthermore, the amendment provides Director, Bureau of that the Federal regulations for any fish trance which extend 3 miles seaward (1) Narcotics and Dangerous Drugs. from the coast, (2) from lines extending ing conducted in legal waters outside of from headland to headland across all [F.R. Doc. 70-5502; Filed, May 4, 1970; State jurisdiction shall be conducted bays, inlets, straits, passes, sounds, and 8:45 a.m.] under the fishing regulations promul gated by the State of Alaska for its entrances, and (3) from any island or citizens. Such regulations set forth legal groups of islands, including the islands gear and open and closed fishing periods, of the Alexander Archipelago, and the Title 26-INTERNAL REVENUE among others. waters between such groups of islands This amendment is adopted under au and the mainland. Chapter I— Internal Revenue Service, thority of sec. 1, 68 Stat. 698, as amended, (b) The exclusive waters adjacent to Department of the Treasury 16 U.S.C. 1021 et seq. Alaska shall be those in which salmon net fishing is permitted under State of SUBCHAPTER C— EMPLOYMENT TAXES Effective date. This amendment shall Alaska regulations. Federal salmon net ITD. 7037] become effective 30 days after the date fishing regulations in exclusive waters of publication in the F ederal R egister. outside of State waters shall be the same PART 31— EMPLOYMENT TAXES; AP as regulations promulgated by the State PLICABLE ON AND AFTER JANU Issued at Washington, D.C., pursuant to authority delegated to me by the Sec of Alaska for its citizens. ARY 1, 1955 retary of the Interior on August 26, 1966 §210.10 S al m o n fishing prohibited, Quarterly Payment of Federal (31 F.R. 11686), and dated April 27,1970. exception. Unemployment Tax P hilip M. R oedel, No person or fishing vessel subject to Correction Director, the jurisdiction of the United States In F.R. Doc. 70-5233 apearing at page Bureau of Commercial Fisheries. shall fish for or take salmon with any 6709 in the issue for Tuesday, April 28, Sec. net in the North Pacific area, as defined 1970, the following changes should be 210.1 Definition. in this part: Provided, That this shall made: 210.10 Salmon fishing prohibited; ex not apply to fishing for sockeye salmon ception. or pink salmon south of latitude 49° 1. In P ar. 5,- § 31.6201(b), the first line north. of the statutory material should read Authority : The provisions of this Part “Sec. 6201. Assessment authority. * * 210 issued under sec. 1, 68 Stat. 698, as [F.R. Doc. 70-5433; Filed, May 4, 1970; amended, 16 Ü.S.C. 1021 et seq. 8:46 a.m.] 2. In Par. 7, the last line of paragraph (b) (4) of § 31.6302(c)-3 should read “to the district director or director of a service center.” Title 41— PUBLIC CONTRACTS AND PROPERTY MANAGEMENT Chapter 1— Federal Procurement Regulations PART 1-16— PROCUREMENT FORMS Title 50— WILDLIFE AND Miscellaneous Amendments FISHERIES This amendment of the Federal Procurement Regulations prescribes and illus trates the November 1969 editions of Standard Form 32, General Provisions (Supply Chapter II— Bureau of Commercial Contract), and Standard Form 33, Solicitation, Offer, and Award. Fisheries, Fish and Wildlife Service, Subpart 1—16.1— Forms for Advertised Supply Contracts Department of the Interior Section 1-16.101 (a) and (c) is revised to read as follows: SUBCHAPTER B— NORTH PACIFIC COMMERCIAL § 1—16.101 Contract forms. FISHERIES ♦ * * * * * * PART 210— NORTH PACIFIC AREA (a) Solicitation, Offer, and Award (Standard Form 33, November 1969 edition)* The need to define certain fishery ♦ * * * * * * management closing lines for salmon (c) General Provisions (Supply Contract) (Standard Form 32, November 1969 net fishing in Alaska has arisen. Hereto edition). fore all closing lines across bays, inlets, ♦ * * * * ‘ * straits, passes, sounds, and entrances had Subpart 1-16.9— Illustrations of Forms not been defined. Since salmon stocks are 1. Section 1-16.901-32 is revised to illustrate the November 1969 edition of Stand dynamic in nature the management of ard Form 32 as follows : FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 § 1—16.901—32 Standard Form 32: General Provisions (Supply Contract), (b) Page 2 of Standard Form 32. (a) Page 1 of Standard Form 32. STANDARD FORM 3 2 Arising out of the performance of this contract or out of the use MOV 1969 iOITtON Government shall be at the contract prices Payment for manu CENERAI SERVICES ADMINISTRATION facturing materials delivered to and accepted by the Government of any supplies furnished or work or services performed here »ED. PROC. REG. (41 CFR) 1-16.10* and for the protection and preservation of property shall be in an under, the Contractor shall furnish to the Government, when amount agreed upon by the Contractor and Contracting Officer; requested by the Contracting Officer, all evidence and information GENERAL PROVISIONS failure to agree to such amount shall be a dispute concerning a in possession of the Contractor pertaining to such suit or claim. (Supply Contract) question of fact within the meaning of the clause of this contract Such evidence and information shall be furnished at the expense entitled “Disputes." The Government may withhold from amounts of the Government except where the Contractor has agreed to 1» Definitions the requirements of this contract, the Government shall have the otherwise due the Contractor for such completed supplies or indemnify the Government. manufacturing materials such sum, as the Contracting Officer As used throughout this contract, the following tertns -shall right either to reject them (with or without instructions as to their 14. Buy American Act disposition) or to require their correction. Supplies or lots of determines to be necessary to protect the Government against have the meaning set forth below: supplies which have been rejected or required to be corrected loss because of outstanding liens or claims of former lien holders. (a) In acquiring end products, the Buy American Act (41 U.S. (a) The term “head of the agency1' or “Secretary" means the (e) If, after notice of termination of this contract under the Code 10 a-d) provides that the Government give preference to Secretary, the Under Secretary, any Assistant Secretary, shall be removed or, if permitted or required by the Contracting Officer, corrected in place by and at the expense of the Contractor provisions of this clause, it is determined for any reason that the domestic source end products. For the purpose of this clause: or any other head or assistant head of the executive or Contractor was not in default under the provisions of this clause, (i) “Components” means those articles, materials, and sup military department or other Federal agency; and the term promptly after notice, and shall not thereafter be tendered* for acceptance unless the former rejection or requirement of correc or that the default was excusable under the provisions of this plies, which are directly incorporated in the end products; “his duly authorized representative" means any person or tion is disclosed. If the Contractor fails promptly to remove such clause, the rights and obligations of the parties shall, if the con (ii) “End products” means -those articles, materials, and persons or board (other than the Contracting Officer) supplies or lots of supplies which are required to be removed, tract contains a clause providing for termination for convenience supplies, which are to be acquired under this contract for authorized to act for the head of the agency or the Secretary. or promptly to replace or correct such supplies or lots of supplies, of the Government, be the same as if the notice of termination public use; and (b) The term “Contracting Officer” means the person executing the Government either (i) may by contract or otherwise replace had been issued pursuant to such clause. If, after notice of termi (iii) A “domestic source end product" means (A) an unmanu this contract on behalf of the Government, and any other or correct such supplies and charge to the Contractor the cost nation of this contract under the provisions of this clause, it is factured end product which has been mined or produced in the officer or civilian employee who is a properly designated occasioned the Government thereby, or (ii) may terminate this determined for any reason that the Contractor was not in default United States and (B) an end product manufactured in the Contracting Officer; and the term includes, except as other* contract for default as provided in the clause of this contract under the provisions of this clause, and if this contract does not United States if the cost of the components thereof which are wise provided in this contract, the authorized representative entitled “Default.” Unless the Contractor corrects or replaces contain a clause providing for termination for convenience of the mined, produced, or manufactured in the United States exceeds • of a Contracting Officer acting within the limits of his such supplies within the delivery schedule, the Contracting Officer Government, the contract shall be equitably a’djusted to com 50 percent of the cost of all its components. For the purposes of authority. may require the delivery of such supplies at a reduction in price pensate for such termination and the contract modified accord this (aXiiiXB), components of foreign origin of the same type (c) Except as otherwise provided in this contract, the term which is equitable under the circumstances. Failure to agree to ingly; failure to agree to any such adjustment shall be a dispute or kind as the products referred to in (b) (ii) or (iii) of this clause “subcontracts” includes purchase orders under this contract. such reduction of price shall be a dispute concerning & question concerning a question of fact within the meaning of the clause^ shall be treated as components mined, produced, or manufac tured in the United States. 2 . C h a n g e s of fact within the meaning of the clause of this contract entitled of this contract entitled “Disputes." “Disputes." (f) The rights and remedies of the Government provided in this (b) The Contractor agrees that there will be delivered tinder The Contracting Officer may at any time, by a written order, clause shall not be exclusive and are in addition to any other this contract only domestic source end products, except end and without notice to the sureties, make changes, within the (c) If any inspection or test is made by the Government on the premises of the Contractor or a subcontractor, the Contractor rights and remedies provided by law or under this contract. products: general scope of this contract, in any one or more of the following: (g) As used in paragraph (c) of this clause, the terms “sub (i) Which are for use outside the United States; REGULATIONS AND RULES (i) Drawings, designs, or specifications, where the supplies to be without additional charge shall provide all reasonable facilities and assistance for the safety and convenience of the Government contractor" and "subcontractors" mean subcontractor(s) at (ii) Which the Government determines are nrft mined, pro furnished are to be specially manufactured for the Government in any tier. duced,^pr manufactured in the United States in sufficient and accordance therewith; (ii) method of shipment or packing; and inspectors in the performance of their duties. If Government ly available commercial quantities and of a satis- inspection or test is made at a point other than the premises of 12. Disputes (hi) place of delivery. If any such change causes an increase or _--Lii'te Contractor or a subcontractor, it shall be at the expense of ality; decrease in the cost of, or the time required for, the performance (a) Except as otherwise provided in this contract, any dispute which the Secretary determines the domestic prefer- of any part of the work under this contract, whether changed *>rC Government except as otherwise provided in this contract: ' V That in case of rejection the Government shall not be concerning a question of fact arising under this contract which Je inconsistent with the public interest; or not changed by any such order, an equitable adjustmen^hav^pA' is not disposed of by agreement shall be decided by the As to which the Secretary determines the cost to the made in the contract price or delivery s c h e d u l e , ^ ^ U W le for any reduction in value of samples used in connection with such inspection or test. All inspections and tests by the Govern trading Officer, who shall reduce his decision to writing government to be unreasonable. contract shall be modified in writing accordingl^'^^\craiW^y\' or otherwise furnish a cony thereof to the Contj (The foregoing requirements are administered in accordance the Contractor for adjustment under this clause'tmifltfbeAsserted ment shall be performed in such' a manner as not to unduly delay the work. The Government reserves the right to charge to the decision of the Contracting Officer shall be final an< with Executive Order No. 10582, dated December 17,1054.) within 30 days from the date of receipt by the G$m)rwctor of the unless, within 30 days from the date of reciept of sucl ^ notification of change: Provided, however. That the Contracting Contractor any additional cost of Government inspection and 15. Convict Labor test when supplies are not ready at the time such inspection and Contractor mails or otherwise furnishes to the Col Officer, if he decides that the facts justify such action, may receive Officer a written appeal addressed to the Secretary. The decision In connection with the performance of work under this contract, and act upon any such claim asserted at any time prior to final test is requested by the Contractor or when reinspection or retest the Contractbr agrees not to employ any person undergoing is necessitated by prior rejection. Acceptance or rejection of the of the Secretary or his duly authorized representative for the payment under this contract. Where the cost of property made determination of such appeals shall be final and conclusive unless sentence of imprisonment at hard labor. obsolete or excess as a result of a change is included in the Con supplies shall be made as promptly as practicable after delivery, except as otherwise provided in this contract; but failure to determined by a court of competent jurisdiction to have been 16. Contract Work Hours and Safety Standards Act- tractor's claim for adjustment, the Obntracting Officer shall have fraudulent, or capricious, or arbitrary, or so grossly erroneous the right to prescribe the manner of disposition of such property. inspect and accept or* reject supplies shall neither relieve the Overtime Compensation Contractor from responsibility for such supplies as are not in as necessarily to imply bad faith, or not supported by substantial Failure to agree to any adjustment shall be a dispute concerning evidence. In connection with any appeal proceeding under this This contract, to the extent that it is of a character specified a question of fact within the meaning of the clause of this contract accordance with the contract requirements nor impose liability in the Contract Work Hours and Safety Standards Act (40 U.S.C. on the Government therefor. clause, the Contractor shall be afforded an opportunity to be entitled “Disputes.” However, nothing in this clause shall excuse heard and to offer evidence in support of its appeal. Pending 327-333), is subject to the following provisions and to all other the Contractor from proceeding with the contract as changed. • (d) The inspection and test by the Government of any supplies applicable provisions and exceptions of such Act and the regula or lots thereof does not relieve the Contractor from any responsi final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance tions of the Secretary of Labor thereunder. 3. Extras bility regarding defects or other failures to meet the contract (a) Overtime requirement?. No Contractor or subcontractor requirements which may be discovered prior to acceptance. with the Contracting Officer's decision. Except as otherwise provided in this contract, no payment for (b) This ^Disputes” clause does not preclude consideration of contracting for any part of the contract work which may require extras shall be made unless such extras and the price therefor Except as otherwise provided in this contract, acceptance shall or involve the employment of laborers or mechanics shall require be conclusive' except as regards latent defects, fraud, or such law questions in connection with decisions provided for in para have been authorized in writing by the Contracting Officer. graph (a) above: Provided, That nothing in this contract shall be or permit any laborer or mechanic in any workweek in which he gross mistakes as amount to fraud. is employed on such work to work in excess of eight hours in any 4. Variation in Quantity (e) The Contractor shall provide and maintain an inspection construed as making final the decision of any administrative official, representative, or board on a question of law. calendar day or in excess of forty hours in such workweek on work No variation in the quantity of any item called for by this system acceptable to ’the'Government covering the supplies subject to the provisions of the Contract Work Hours and Safety contract will he accepted unless such variation has been caused hereunder. Records of all inspection work by the Contractor 13. Notice and Assistance Regarding Patent and Standards Act unless such laborer or mechanic receives compen by conditions of loading, shipping, or packing, or allowances in shall be kept complete and available to the Government during Copyright Infringement a sation at a rate not less than one and one-half times his basic rate manufacturing processes, and then only to the extent, if any, the performance of this contract and for such longer period as The provisions of this clause shall be applicable only if the of pay for all such hours worked in excess of eight hours in any specified elsewhere in this contract. may be specified elsewhere in this contract, amount of this contract exceeds $10,000. calendar day or in excess of forty hours in such workweek, which ever is the greater number of overtime hours. 5. Inspection e. Responsibility for Supplies (a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim (b) Violation; liability for Unpaid wages; liquidated damages. (a) All supplies (which term throughout this clause includes Except as otherwise provided in this contract, (i) the Contractor of patent or copyright infringement based on the performance In the event of any violation of the provisions of paragraph (a), without limitation raw materials, components, intermediate shall be responsible for the supplies covered by this contract of this contract of which the Contractor has knowledge. the Contractor and any subcontractor responsible therefor shall assemblies, and end products) shall be subject to inspection and until they are delivered at the designated delivery point, regard (b) In the event of any claim or suit against the Government be liable to any affected employee for his unpaid wages. In addi-. test by the Government, to the extent practicable at all times less of the point of inspection; (ii) after delivery to the Govern on account of any alleged patent or copyright infringement tion, such Contractor and subcontractor shall be liable to the and places including the period of manufacture, and in any event ment a t the* designated point and prior to acceptance by the prior to acceptance. Government or rejection and giving notice thereof by the Govern STANDARD FORM 3 2 (b) In case any supplies or lots of supplies are defective in ment, the Government shall be responsible for the loss or destruc NOV 1969 E0ITIOH material or workmanship or otherwise not in conformity with tion of or damage to the supplies only if such loss, destruction# STANDARD FORM 3 2 NOV 196» IDIJiON l 32-101 7071 No. 87- 4 FEDERAL REGISTER, VOL. 35, I. 87— TUESDAY, MAY 5, 1970 (c) Page 3 of Standard Form 32. (d) Page 4 of Standard Form 32. 7072 or damage results from the negligence of officers, agents, or Part 1*20), whichever expires earlier, have access to and the United States for liquidated damages* Such liquidated damages (f) In the event of the Contractor’s noncompliance with the employees of the Government acting within the scope of their right to examine any directly pertinent books, documents, papers, shall be computed with respect to each individual laborer or Equal Opportunity clause of this contract or with any of the employment; and (iii) the Contractor shall bear all risks as to and records of the Contractor involving transactions related to mechanic employed in violation of the provisions of paragraph (a) said rules, regulations, or orders, this contract may be canceled, rejected supplies after notice of rejection, except that the Govern* this contract. Sn the sum of $10 for each calendar day on which such employee terminated, or suspended, in whole or in part, and the Contractor vnent shall be responsible for the loss, or destruction of, or damage (b) The Contractor further agrees to include in all his sub was required or permitted to be employed on such work in excess may be declared ineligible for further Government contracts in to the supplies only if such loss, destruction or damage results contracts hereunder a provision to the effect that the subcontrac of eight hours or in excess of his standard workweek of forty hours accordance with procedures authorized in Executive Order No. from the gross negligence of officers, agents, or employees of the tor agrees that the Comptroller General of the United States or without payment of the overtime wages required by paragraph (a).* 11246 of September 24, 1965, and such other sanctions may be Government acting within the scope of their employment* any of his duly authorized representatives shall, until expiration (c) Withholding for unpaid wages and liquidated damages. The impose'1 and remedies invoked as provided in Executive Order of 3 years after final payment under the subcontract, or of the Contracting Officer may withhold from the Government Prime No. 11246 of September 24,1965, or by rule, regulation, or order 7. Payments time periods for the particular records specified in Part 1*20 of Contractor, from any moneys payable on account of work per of the Secretary of Labor, or as otherwise provided by law. The Contractor shall be paid, upon the submission of proper the Federal Procurement Regulations (41 CFR Part 1-20), which formed by the Contractor or subcontractor, such sums as may (g) The Contractor will include the provisions of paragraphs invoices or vouchers, the prices stipulated herein for supplies ever expires earlier, have access to and the right to examine administratively be determined to be necessary to satisfy any (a) through (g) in every subcontract or purchase order unless delivered and accepted or services rendered and accepted, less any directly pertinent books, documents, papers, and records of liabilities of such Contractor or subcontractor for unpaid wages exempted by rules, regulations, or orders of the Secretary of deductions, if any, as herein provided. Unless otherwise specified, such subcontractor, involving transactions related *to the sub and liquidated damages as provided in the. provisions of para Labor issued pursuant to section 204 of Executive Order No. 11246 payment will be made on partial deliveries accepted by the Gov* contract. The term “subcontract** as used in this clause excludes graph (b). of September 24, 1965, so that such provisions will be binding eminent when the amount due on such deliveries so warrants; (1) purchase orders not exceeding $2,500 and (2) subcontracts or (d) Subcontracts. The Contractor shall Insert paragraphs (a) upon each subcontractor or vendor. The Contractor will take such or, when requested by the Contractor, payment for accepted par* purchase orders for public utility services at rates established through (d) of this clause in all subcontracts, and shall require action with respect to any subcontract or purchase order as the tial deliveries shall be made whenever such payment would equal for uniform applicability to the general public, their inclusion in all subcontracts, of any tier, contracting agency may direct as a means of enforcing such or exceed either $1,000 or 50 percent of the total amount of this (e) Records. The Contractor shall maintain payroll records provisions, including sanctions for noncompliance: Provided, contract, H. Default containing the Information specified In 29 CFR 516.2(a). Such however, That in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor 8. Assignment of claims ( (a) The Government may, subject to the provisions of para records shall be preserved for three years from the completion of the contract, as a result of such direction by the contracting agency, the Con (a) Pursuant to the provisions of the Assignment of Claims graph (c) below, by written notice of default to the Contractor, tractor may request the United States to enter into such litigation Act of 1940, as amended (31 U.S.C. 203,41 U.S.C. 15), if this con* terminate the whole or any part of this contract in any one of 17. Walsh-Healey Public Contracts Act to protect the interests of the United States. tract provides for payments aggregating $1,000 or more, claims the following circumstances: If this contract is for the manufacture or furnishing of for moneys due or to become due the Contractor,from the Govern (i) If the Contractor fails to make delivery of the supplies or materials,'supplies, articles, or equipment in an amount which 19. Officials Not To Benefit ment under this contract may be assigned to a bank, trust com to perform the services within the time specified herein or any exceeds or may exceed $10,000 and is otherwise subject to the No member of or delegate to Congress, or resident Commissioner, pany, or other financing institution, including any Federal extension thereof; or ’ Walsh-Healey Public Contracts Act, as amended (41 U.S. Code shall be admitted to any share or part of this contract, or to any lending agency, and may thereafter be further assigned and (ii) If the Contractor fails to perform any of the other pro 25-45), there are hereby incorporated by reference all represen benefit that may arise therefrom; but this provision shall not be reassigned to any such institution. Any such assignment or re visions of this contract, or so fails to make progress as to tations and stipulations required by said Act and regulations construed to extend to this contract if made with a corporation assignment shall cover all amounts payable under this contract endanger performance of this contract In accordance with its Issued thereunder by the Secretary of‘Labor, such representa for its general benefit. and not already paid, and shall not be made to more than one terms, and in either of these two circumstances does not cure tions and stipulations being subject to all applicable rulings and 20. Covenant Against Contingent Fees party, except that any such assignment or reassignment may be such failure within a period of 10 days (or such longer period interpretations of the Secretary of Labor which are now or may made .to one party as agent or trustee for two or more parties as thrfX^ontracting Officer may authorize in writing) after hereafter be in effect. The Contractor warrants that no person or selling agency has participating in such financing. Unless otherwise provided in o^notice from the Contracting Officer specifying such been en^pjpyed or retained to solicit or secure this contract upon REGULATIONS AND RULES this contract, payments to an assignee of any moneys due or to 18* Equal Opportunity it or understanding for a commission, percentage, become due under this contract shall not, to the extent provided , k A lbo\ kr-tne event the Government terminates this contract in (The following clause is applicable .unless this contract is exempt f ^oV contingent fee, excepting bona fide employees or In said Act, as amended, be subject to reduction or setoff. (The > ^ 6r in part as provided in paragraph (a) of this clause, the tinder the rules, regulations, and relevant orders of the Secretary r\Ju \ kblished commercial or selling agencies maintained preceding sentence applies only if this contract is made i^i tin^e overnment may procure, upon such terms and in such manner of Labor (41 CFR, ch. 60).) -VVY Contractor for the purpose of securing business. For breach war or national emergency as defined in said Act and • U.S. eom M U ! UHI FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 RULES AND REGULATIONS 7073 2. Section 1-16.901-33 is revised to illustrate the November 1969 edition of Stand ard Form 33. § 1-16.901-33 Standard Form 33: Solicitation, Offer, and Award. (a) Page 1 of Standard Form 33. 3. CERTIFIED FOR NATIONAL OEFENSE UNDER 4. PAGE J Of STANDARD FORM 33, NOV. 1969 SOLICITATION, OFFER, BDSA REG. 2 AND/OR DMS REG. 1. GENERAL SERVICES ADMINISTRATION FED. PROC. REG. (41 CFR) 1-16.101 1 A N D A W A R D RATING: 1. CONTRACT (Proc. lust. Id tut.) NO. 2. SOLICITATION NO. 5. DATE ISSUED 6. REQUISITION/PURCHASE REQUEST NO. I—l ADVERTISED I—1 NEGOTIATED L J (IFB) 1—» (RFP) 7. ISSUED BY CODE | •. ADDRESS OFFER TO (If uUr then BU SOLICITATION 9. Sealed offers in original and_____copies for furnishing the supplies or services described in the Schedule will be received at the place specified in block 8, OR IF HAND-CARRIED, IN THE DEPOSITARY LOCATED IN * »»til ------. If this is an advertised solicitation, offers will be publicly opened at that (Tim*, Zone, and Date) time. CAUTION—LATE OFFERS. See par. 8 of Solicitation Instructions and Conditions. All offers are subject to the following: * 3- The Schedule included below and/or attached hereto. 1. The attached Solicitation Instructions and Conditions, SF 33-A. 4. Such other provisions, representations, certifications, and specifications 2 The General Ptivm'i'V'f edition, which is attached as are attached or incorporated herein by reference. (Attachments are listed or incorporated herein by reference. in the Schedule.) FOR INFORMATION CALL (Name and Telephone No.) (No collect calk): ______•______SCHEDULE ^ 10. 13. 15. ITEM NO. SUPPUES/SERVICES / y \ \ UNIT UNIT PRICE AMOUNT O ff III (NOTE: Reverse Must Also Be Fully Completed By Offeror) In compliance with the above, the undersigned offers and agrees, if this offer is accepted within------calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or'all items upon which prices are offered, at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule. 16. DISCOUNT FOR PROMPT PAYMENT (Set Par. 9 on SP 33-A) *L 10 CALENDAR DAYS- . X. 20 CALENDAR DAYS- * 30 CALENDAR DAYS; * CALENDAR DAYS. 17. OFFEROR CODE | | FACILITY CODE |___ 18. NAME AND TITLE OF PERSON AUTHORIZED NAME & ADDRESS TO SIGN OFFER (Type or Print) (Street, city, county, state. 6 ZIP Code) 19. SIGNATURE 20. OFFER DATE Area Code and Telephone No.: [ | Cheek If Remittance Addrett is Different From Above - Enter Such Address in Schedule. A WARP (To Be Completed By Govern metti) 21. ACCEPTED AS TO ITEMS NUMBERED 22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA 24. SUBMIT INVOICES (4 copies unless otherwise specified) TO AD0RESS SHOWN IN 75. NEGOTIATED |_ ) 10 U.S.C. 2304(«X 1 BLOCK f - PURSUANT TO 1 1 41 U.S.C. 2S2( 21. NAME OF CONTRACTING OFFICER (T )f, ,r Friuli 29. UNITED STATES OF AMERICA 30. AWARD DATE BY:...... ■ »...... - (Signature of Contracting Officer) 33-1 a* Aw ard will be made on this form, or on Standard Form 26, or by other officiai scritte tt notice• FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7074 RULES AND REGULATIONS (b) Page 2 of Standard Form 33. FAOt 2 Of SF 33 REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS The Offeror represents and certifies as part of his offer that; ( Check or complete all applicable boxes or blocks.) L SMALL BUSINESS (See bar. 14 on SF 33-A.) . He Q is, Q is not, a small business concern. If offeror is a small business concern and is not the manufacturer of the supplies offered, he also represents that all supplies to be furnished hereunder □ will, Q will not, be manufactured or produced by a small business concern in tne United States, its possessions, or Puerto Rico. Z REGULAR DEALER—‘MANUFACTURER ( Applicable only to supply contracts exceeding $10,000.) He is a □ regular dealer in, □ manufacturer of, tne supplies offered, 3« CONTINGENT FEE (Seepar. IS on SF 33-A.) 4. TYPE OF BUSINESS ORGANIZATION He operates as □ an individual, □ a partnership, □ a nonprofit organization, Q a corporation, incorporated under the laws of the State of 3. AFFILIATION AND IDENTIFYING DATA (Applicable only to advertised solicitations.) Each offeror shall complete (a) and (b) if applicable, and (c) below: (a) He □ is, Q is not, owned or controlled by a parent company. (Setpar. 16 on SF 33-A .) (b) If the offeror is owned or controlled by a parent company, he shall enter in the blocks below the name and main office address of the parent company: Name*of Parent company and main office ■ - ■ ...... - — — (include ZIP Code)______# (c) Employer's identification number (See par. 17 on SF 33-A.). (Offeror’s E.l. No.) (Parent Company’s E.1, No.) 6. EQUAL OPPORTUNITY He Q has, □ has not, participated in a previous contract or subcontract subject either tos •rtunity clause herein or the clause originally con* tained in section 301 of Executive Order No. 10923, or the clause contained in section 20) ~ er No. I l l 14; that he 0 has, Q has not, filed all required compliance reports; and that representations indicating submission of required < 'signed by proposed subcontractors, will be obtained prior to subcontract awards. (The above representation need not be "submitted in connect)» subcontracts which are exempt from the clause.) 7. BUY AMERICAN CERTIFICATE t The offeror hereby certifies that each end product, except'the end product omestic source end product (as defined in the clause entitled "Buy American A c t';; and that components of unknown origin have been A mined, produced, or manufactured outside die United States. EXCLUDED END PRODUCTS COUNTRY OF ORIGIN 8. CERTIFICATION OF INDEPENDENT PRICE DETEf l (Soffiar. 18 on SF 33-A.) (a) By submission of this offer, the offeror certifies, s tof a joint offer, each party thereto certifies as to its organization, that in connection with this procurement: . * ( 1 ) The prices in this offer‘have been arrived at indcpend^qyywithout consultation, communication, agreement, for the purpose of restricting compe* tition, as to any matter relating to such prices with any other offeror or with any competitor; ( ^ . (2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the offeror and wijl not knowingly be disclosed by the offeror prior to opening in the case of an advertised procurement'or prior to award in the case of a negotiated procurement^ directly or indirectly to any other offeror or to any .competitor; and (3) No attempt has been made or will be made by the offeror tolinduce any other person or firm to submit or not to submit an offer for the purpose of restricting competition. (b) Each person signing this offer certifies that:. . . ( 1 ) He is the person in the offeror's organization responsible within that organization for thé decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to (a) (1) through (a) (3) above; or (2) (i) He is not the person in the offeror’s organization responsible within that organization for the decision as to the prices being* offered herein but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (a) (1) through‘(a) (3) above, and as their agent does hereby So certify; and (ii) he has not participated, and will not participate, in any action contrary to (a) (1) through (a) (3) above* * 9. CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to (1) contraas, (2) subcontracts, an i (3) agreements with applicants who are themselves performing federally assisted construaion contracts, exceeding $ 10,000 which are not exempt from the provisions of the Equal Opportunity clause.) By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certificatio.n, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas', time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in faa segregated on the basis of race, color, religion or national origin, because of habit, local custom, or otherwise, He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontraas exceeding 910,000 which áre not exempt from the provisions of the Equal Opportunity clause; that.he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontract tors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Notice to prospective subcontractors of requirement for certifications of nonsegrtgated facilities. A Certification of Nonsegregated Facilities must be submitted prior to the. award of a subcontract exceeding 310,000 which is not exempt from the provi sions of the Equal Opportunity clause. The certification may be submitted either ;for each subcontract or for ail subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C, 1001• ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE The offeror acknowledge* receipt of amendment* ment» numbered ond doted ot follow»: NOTE.—Offers must set forth full, accurate, and complete information at required by this Solicitation (including attachments). The penalty for making false staff ments in offers is prescribed in 18 U.S.C, 1001. • V.». 60VMHMINT MUNTI IK OPPICI 1 t*79 OP—SM-4M UHU 0 z 33-129r REVERSE OF STANDARD FORM 33 1 (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c) ) Effective date. This amendment is effective July 15, 1970, but the November 1969 editions of Standard Forms 32 and 33 which are prescribed by the amendment may be used as soon as stocks of the forms are available. Dated: April 27,1970. R obert L. K unzig, Administrator of General Services. [F.R. Doc. 70-5396; Filed, May 4, 1970; 8:45 a.m.] FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7075 Proposed Rule Making A creage B asis allotment for the year 1955 or any sub DEPARTMENT OF AGRICULTURE Section 312(b) of the Act (7 U.S.C. sequent crop shall not be taken into ac 1312(b) ) requires that the Secretary de count in establishing * • * farm acre Agricultural Stabilization and termine and announce, not later than age allotments. Conservation Service the first day of December 1970, the Acreage P oundage B asis [ 7 CFR Part 725 ] amount of the national marketing quota Section 317(a) of the Act contains, for for Flue-cured tobacco which will be in the purposes of section 317, the follow FLUE-CURED TOBACCO effect for the 1971-72 marketing year in terms of the total quantity of tobacco ing definitions; Notice of Determinations To Be Made which may be marketed which will make (1) “National marketing quota” for With Respect to Marketing Quotas any kind of tobacco for a marketing year available during such marketing year a means the amount of the kind of tobacco on Either an Acreage Basis or an supply of Flue-cured tobacco equal to produced in the United States which the Acreage-Poundage Basis for the the reserve supply level. Section 312(b) Secretary estimates will be utilized dur 1971-72, 1972-73, and 1973-74 provides further that the amount of the 1971-72 national marketing quota (de ing the marketing year in the United Marketing Years States and will be exported during the termined pursuant to such section) may, marketing year, adjusted upward or Pursuant to the Agricultural Adjust not later than March 1, 1971, be in downward in such amount as the Secre ment Act of 1938, as amended, herein re creased by not more than 20 per centum tary, in his discretion, determines is ferred to as the “Act”, the Secretary is if the Secretary determines that such in desirable for the purpose of maintain preparing, with respect to Flue-cured to crease is necessary in order to meet mar ing an adequate supply or for effecting bacco, to proclaim a national marketing ket demands or to avoid undue restric an orderly reduction of supplies to the quota for each of the three marketing tions of marketings in adjusting the total reserve supply level. Any such down years 1971-72, 1972-73, and 1973-74, supply to the reserve supply level. ward adjustment shall not exceed 15 either on an acreage basis or on The Act (7 U.S.C. 1301(b) ) defines the per centum of such estimated utiliza an acreage-rpoundage basis. If the Secre “total supply” of (Flue-cured) tobacco tion and exports. tary determines to proclaim the market for any marketing year as the carryover (2) “National average yield goal” for ing quotas on an acreage basis, he also at the beginning of the marketing year any kind of tobacco means the yield per will determine and announce for the plus the estimated production in the acre which on a national average basis 1971-72 marketing year, the amount of United States during the calendar year the Secretary determines will improve or the national marketing quota, national in which such marketing year begins. insure the usability of the tobacco and acreage allotment, national acreage fac “Reserve supply level” is defined as the increase the net return per pound to the tor for apportioning the national allot normal supply plus 5 per centum there growers. In making this determination ment (less reserve) to old farms, and the of. “Normal supply” is defined as a nor the Secretary shall give consideration to amount of the national reserve and parts mal years’ domestic consumption and ex such Federal-State production research thereof available for (a) new farms and ports, plus 175 per centum of a normal data as he deems relevant. (b) making corrections and adjusting in year’s domestic consumption and 65 per (3) “National acreage allotment” equities in old farm allotments. If the centum of a normal year’s exports. A means the acreage determined by divid Secretary determines to announce the “normal year’s domestic consumption” ing the national marketing quota by the marketing quotas on an acreage- is defined as the yearly average quan national average yield goal. poundage basis, he also will determine tity produced in the United States (4) “Farm acreage allotment” for a and announce for the 1971-72 marketing and consumed in the United States tobacco farm, other than a new tobacco year, the amount of the national mar during the 10 marketing years im farm, means the acreage allotment de keting quota; the national average yield mediately preceding the marketing year termined by adjusting uniformly the goal; the national acreage allotment; the in which such consumption is de acreage allotment established for such reserve acreage for making corrections in termined, adjusted for current trends in farm for the immediately preceding year, farm acreage allotments, adjusting in such consumption. A “normal year’s ex prior to any increase or decrease in such equities, and for establishing allotments ports” is defined as the yearly average allotment due to undermarketings or for new farms; the national acreage fac quantity produced in the United States overmarketings and prior to any reduc tor; and the national yield factor. which was exported from the United tion under subsection (f), so that the The Secretary will conduct within 30 States during the 10 marketing years total of all allotments is equal to the days from the effective date of the immediately preceding the marketing national acreage allotment less the re announcement of national marketing year in which such exports are de serve provided in subsection (e) of this quotas on either an acreage basis or on termined, adjusted for current trends in section with a further downward or up an acreage-poundage basis a referendum such exports. ward adjustment to reflect any adjust of farmers engaged in the 1970 produc The Act (7 U.S.C. 1313(g)) authorizes ment in the farm marketing quota for tion of Flue-cured tobacco to determine the Secretary to convert the national overmarketing or undermarketing and to whether they favor or oppose quotas on marketing quota into a national acreage reflect any reduction required under an acreage basis or on an acreage- allotment on the basis of the national subsection (f) of this section, and in poundage basis for three marketing average yield for the 5 years immediately cluding any adjustment for errors or years beginning July 1,1971, July 1,1972, preceding the year in which the national inequities from the reserve. and July 1, 1973. The Secretary will also marketing quota is proclaimed, and to (5) The “community average yield” determine the date or period of the ref apportion the national acreage allotment means for Flue-cured tobacco the aver erendum and whether such referendum (less a reserve of not to exceed 1 per age yield per acre in the community shall be conducted at polling places centum thereof for new farms and for designated by the Secretary as a local rather than by mail ballot (31 F.R. making corrections and adjusting in administrative area under the provisions equities in old farm allotments) among of section 8(b) of the Soil Conserva 12011). Growers of Flue-cured tobacco old farms. approved quotas on an acreage-poundage tion and Domestic Allotment Act, as The Act (7 U.S.C. 1313(g)) also pro amended, which is determined by aver basis for the 1968-69, 1969-70, and 1970- vides that any acreage of tobacco har aging the yields per acre for the 3 71 marketing years (32 F.R. 11413). vested in excess of the farm acreage highest years of the 5 years 1959 to 1963, FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7076 PROPOSED RULE MAKING inclusive, except that if the yield for any the farm for the immediately preceding acreage-poundage quotas are in effect of the 3 highest years is less than 80 year prior to any increase or decrease under this section the Secretary in his per centum of the average for the 3 years for undermarketing or overmarketing discretion may establish a reserve from then that year or years shall be elimi by the farm yield. If on account of ex the national acreage allotment in an nated, and the average of the remaining cess marketings in the preceding mar amount equivalent to not more than 1 years shall be the community average keting year the farm marketing quota per centum of the national acreage al yield. for the marketing year is reduced to zero lotment to be available for making cor (6) “Preliminary farm yield” for pounds without reflecting the entire re rections of errors in farm acreage Flue-cured tobacco means a farm yield duction required, the additional' reduc allotments, adjusting inequities, and for per acre determined by averaging the tion required shall be made for the establishing acreage allotments for new yield per acre for the 3 highest years of subsequent marketing year or years. farms, which are farms on which tobacco the 5 consecutive crop years beginning Subsection 317(d) of the Act provides: was not produced or considered produced with the 1959 crop year except that if “If marketing quotas have been made during the immediately preceding 5 that average exceeds 120 per centum of effective for a kind of tobacco on an years. The part of the reserve held for the community average yield the pre acreage-poundage basis pursuant to sub apportionment to new farms shall be al liminary farm yield shall be the sum of section (b) or (c) the Secretary shall, lotted on the basis of land, labor, and 50 per centum of the average of the 3 not later than December 1 of any mar equipment available for the production highest years and 50 per centum of the keting year with respect to Flue-cured of tobacco, crop rotation practices, soil national average yield goal but not less tobacco, * * *, proclaim a national mar and other physical factors affecting the than 120 per centum of the community keting quota for that kind of tobacco for production of tobacco and the past to average yield, and if the average of the the next 3 succeeding marketing years if bacco-producing experience of the farm 3 highest years is less than 80 per the marketing year is the last year of operator. The farm yield for any farm centum of the community average yield 3 consecutive years for which marketing for which a new farm acreage allotment the preliminary farm yield shall be 80 quotas previously proclaimed will be in is established shall be determined on the per centum of the community average effect. The Secretary, in his discretion, basis of available productivity data for yield. In counties where less than 500 may proclaim the quota on an acreage- the land involved and farm yields for acres of Flue-cured tobacco were allotted poundage basis as provided in this sec similar farms, and shall not exceed the for 1964, the county may be considered tion or on an acreage allotment basis, community average yield.” as one community. If Flue-cured to whichever he determines would result in Section 317(f) provides: “Only the bacco was not produced on the' farm for a more effective marketing quota for that provisions of the last two sentences of at least 3 years of the 5-year period the kind of tobacco, and shall conduct a ref subsection (g) of section 313 of this Act average of the yields for the years in erendum in accordance with the provi shall apply with respect to acreage- which tobacco was produced shall be sions of section 312(c) of this Act. If the poundage programs established under used instead of the 3-year average. If Secretary determines that more than this section. The acreage reductions re no Flue-cured tobacco was produced on one-third of the farmers voting oppose quired under the last two sentences shall the farm in the 5-year period but the the national marketing quotas the results be in addition to any other adjustments farm is eligible for an allotment because shall be proclaimed and the national made pursuant to this section, and when Flue-cured tobacco was considered to marketing quota so proclaimed shall not acreage reductions are made the farm have been produced under applicable be in effect. If the Secretary proclaims marketing quota shall be reduced to re-, provisions of law, a preliminary farm the quotas on an acreage-poundage fleet such reductions. The provisions of yield for the farm shall be determined basis he shall determine and proclaim the next to the last sentence of such sub under regulations of the Secretary tak at the same time the national marketing section pertaining to the filing of any ing into account preliminary farm yields quota, national acreage allotment, and false report with respect to the acreage of similar farms in the community. national average yield goal for the first of tobacco grown on the farm shall also (7) “Farm yield” means the yield of year of 3 years for which quotas are pro be applicable to the filing of any false tobacco per acre for a farm determined claimed. Notice of the farm marketing report with respect to the production or by multiplying the preliminary farm quota which will be in effect for his farm marketings of tobacco grown on a farm yield by a national yield factor which for the first marketing year covered by for which an acreage allotment and a shall be obtained by dividing the national the referendum insofar as practicable farm yield are established as provided in average yield goal by a weighted national shall be mailed to the farm operator this section. In establishing acreage al average yield computed by multiplying prior to the holding of * * * a referen lotments and farm yields for other farms the preliminary farm yield for each farm dum on acreage-poundage quotas under owned by the owner displaced by acquisi by the acreage allotment determined this subsection, * * *. The Secretary tion of his land by any agency, as pro pursuant to paragraph (4) for the farm shall determine and announce the na vided in section 378 of this Act, increases prior to adjustments for overmarketing, tional marketing quota, national acreage or decreases in such acreage allotments undermarketing, or reductions required allotment and national average yield goal and farm yields as provided in this sec under subsection (f) and dividing the for the second and third marketing years tion shall be made on account of market sum of the products by the national of any 3-year period for which national ings below or in excess of the farm acreage allotment. marketing quotas on an acreage-pound marketing quota for the farm acquired (8) “Farm marketing quota” for any age basis are in effect on or before the by the agency. * * * ” farm for any marketing year shall be December 1 with respect to Flue-cured Section 316, which provides for annual the number of pounds of tobacco ob tobacco * * * immediately preceding the lease and transfer of Flue-cured tobacco tained by multiplying the farm yield by beginning of the marketing year to which farm marketing quotas, on a pound for the acreage allotment prior to any ad they apply. Whenever a national mar pound basis, will expire with the 1970 justment for undermarketing or over keting quota, national acreage allotment, crop unless extended by additional marketing, increased for undermarketing and national average yield goal are de legislation. or decreased for overmarketing by the termined and announced, the Secretary The subjects and issues involved in the number of pounds by which marketings shall provide for the determination of proposed determinations are: of tobacco from the farm during the im farm acreage allotments and farm mar 1. Whether national marketing quotas mediately preceding marketing year, if keting quotas under the provisions of this for Flue-cured tobacco for the 1971-72, marketing quotas were in effect under the section for the crop and marketing year 1972-73, and 1973-74 marketing years program established by this section, is covered by the determinations.” shall be proclaimed on an acreage basis less than or exceeds the farm marketing Section 317(e) provides: “No farm or acreage-poundage basis. quota for such year: Provided, That the acreage allotment or farm yield shall be 2. If proclaimed on an acreage basis: farm marketing quota for any market established for a farm on which no to a. The amount of the national marketing ing year shall not be increased for un bacco was produced or considered pro quota for the 1971-72 marketing year. dermarketing by an amount in excess of duced under applicable provisions of law b. The conversion of the national mar the number of pounds determined by for the immediately preceding 5 years. keting quota into a national acreage al multiplying the acreage allotment for For each marketing year for which lotment and apportionment of same, less FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY i, 1970 PROPOSED RULE MAKING 7077 reserve of not to exceed 1 percent thereof, beginning at 10 a.m., local time, June 2, § 4 Production area. among old farms, c. The amount of the 1970, at the Sevastepol School, Route 2, “Production area” means the States of national acreage allotment to be reserved Sturgeon Bay, Wis., beginning at 10 a.m., Michigan, New York, Wisconsin, Penn for new farms, and for making cor local time, June 5, 1970, at the Monroe sylvania, Ohio, West Virginia, Virginia, rections and adjusting in old farm County Farm and Home Center, 248 and Maryland. allotments. Highland Avenue, Rochester, N.Y., be 3. If proclaimed on an acreage- ginning at 10 a.m., local time, June 9, § 5 Cherries. poundage basis: a. The amount of the 1970, and at the West Street Branch, “Cherries” means all varieties of the national marketing quota for the 1971- Gettysburg National Bank, West Street, fruit commonly called Red Sour Cherries 72 marketing year. b. The amount of the Gettysburg, Pa., beginning at 10 a.m., or Red Tart Cherries grown in the pro national average yield goal. c. The local time, June 11, 1970, with respect to duction area. amount of the national acreage allot a proposed marketing agreement and ment. d. The amount of acreage to be order regulating the handling of cherries § 6 Fiscal period. reserved from the national acreage al grown in the States of Michigan, New “Fiscal period” is synonymous with lotment for making corrections in farm York, Wisconsin, Pennsylvania, Ohio, fiscal year and means the 12-month acreage allotments, adjusting inequities, Virginia, West Virginia, and Maryland. period beginning on May 1 of one year and for establishing acreage allotments The proposed marketing agreement and ending on the last day of April of for new farms, e. The national acreage and order have not received the approval the following year. factor, f. The national yield factor. of the Secretary of Agriculture. § 7 Board. The community average yields, as The public hearing is for the purpose computed in 1965 (30 F.R. 6207, 6875, of receiving evidence with respect to the “Board” means the Cherry Adminis 14487), will be used for the 1971-72 economic and marketing conditions trative Board established pursuant to marketing year. which relate to the provisions of the pro § 20. 4. Date or period of the referendum posed marketing agreement and order, § 8 Grower. on acreage or acreage-poundage quotas, hereinafter set forth, and to any appro as applicable, and whether such referen priate modifications thereof. “Grower” is synonymous with “pro dum should be conducted at polling ducer” and means any person who pro The proposed marketing agreement duces cherries to be marketed in canned, places rather than by mail ballot (31 and order, the provisions of which are as F.R. 12011). frozen, or other processed form and who follows, was submitted with a request for has a proprietary interest therein. Consideration will be given to data, a hearing by the National Red Cherry views and recommendations pertaining § 9 Handler. to the proposed determinations, rules Institute, Michigan Agricultural Co and regulations covered by this notice operative Marketing Association, Michi “Handler” means any person who first which are submitted in writing to the gan Association of Cherry Producers, handles cherries or causes cherries to be Michigan Fruit Canners, Inc., Duffy- handled. Director, Tobacco Division, Agricultural Mott Corp. of Michigan, Musselman Stabilization and Conservation Service, §10 .Handle. U.S. Department of Agriculture, Wash Fruit Products Division, Pet Milk, ington, D.C. 20250. All written submis Oceana Canning Co., Smeltzer Orchard “Handle” means to pit, can, freeze, sions made pursuant to the notice will Co., Morgan-McCool, Inc., Cherry dehydrate, press, or brine cherries, or in be made available for public inspection Growers, Inc., Silver Mill Frozen Foods, any other way convert cherries commer at such times and in a manner con- Inc., Pennsylvania Red Cherry Growers cially into a processed product, or in any venient to the public business (7 CFR Association, Knouse Foods Cooperative, way Use cherries for which a diversion 1.27(b)). All submissions must, in order Inc., Wisconsin Red Cherry Growers, certificate has been issued: Provided, to be'considered, be postmarked not later Inc., New York Cherry Growers Associa That handle shall not include (1) the than June 10,1970. tion, Inc., Orleans County Farm Bureau, pitting, canning, freezing, dehydration, Wayne Co., Farm Bureau, New York pressing, or brining of cherries for home Signed at Washington, D.C. on Farm Bureau Marketing Cooperative, use and not for resale or (2) the sale of April 24, 1970. Albion Agway Coop., Inc., Walcott cherries, other than cherries for which K enneth E. F rick, Evaporating Co., Cahoon Farms, Inc., a diversion certificate has been issued, Administrator, Agricultural Sta for consumption as fresh cherries. bilization and Conservation Sodus Fruit Farm, Inc., and Earl T. Service. Howell & Son, Inc. (the sections identi § 11 Crop year. [F.R. Doc. 70-5463; Filed, May 4, 1970; fied with asterisks ( * * * ) apply only to “Crop year” means that portion of a 8:48 a.m.] the proposed marketing agreement and fiscal period during which cherries are not to the proposed order) : / being harvested. Consumer and Marketing Service D efinitions § 12 District. § 1 Secretary. “District” means the applicable one 17 CFR Ch. IX ] of the following described subdivisions [Docket AO—370] “Secretary” means the Secretary of of the production area, or such other Agriculture of the United States, or any subdivisions as may be prescribed pur CHERRIES GROWN IN MICHIGAN officer òr employee of the U.S. Depart suant to §31(1): ET AL. ment of Agriculture to whom authority has heretofore been delegated, or to Distriot 1—The State of New York and. Notice of Hearing With Respect to Erie County, Pa. whom authority may hereafter be dele District 2—The States of Maryland, Penn Proposed Marketing Agreement gated, to act in his stead. sylvania, except Erie County, Virginia, and and Order § 2 Act. West Virginia. District 3—That portion of the State of Pursuant to the Agricultural Market “Act” means Public Act No. 10, 73rd Michigan which is north of a line drawn ing Agreement Act of 1937, as amended Congress (May 12, 1933) as amended, along the boundary of Mason and Manistee (Secs. 1-19, 48 Stat. 31, as amended; 7 and as re-enacted and amended by the Counties and extended east to Lake Huron, U.S.C. 601-674) and in accordance with Agricultural Marketing Agreement Act and the State of Wisconsin. the applicable rules of practice and pro of 1937, as amended (48 Stat. 31, as District 4—That portion of the State of cedure governing proceedings to formu amended; 7 U.S.C. 601-674). Michigan which is south of District 3 and late marketing agreements and market north of a line drawn along the boundary of § 3 Person. AUegan and Ottawa Counties and extended ing orders (7 CFR Part 900), notice is east to the St. Clair River. hereby given of a public hearing to be v “Person” means an individual, part District 5—The State of Michigan not in held in the Continental Room of the nership, corporation, association, or any cluded in Districts 3 and 4, and the State of Pantlind Hotel, Grand Rapids, Mich., other business unit. Ohio. FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7078 PROPOSED RULE MAKING Administrative B ody April 15 of each year. The Board shall specified in § 22 and § 23. If the names § 20 Establishment and membership. prescribe such procedure for the conduct of the nominees to fill any such vacancy of the nomination meetings as shall be are not made available to the Secretary There is hereby established a Cherry fair to all persons concerned. within 30 days after such vacancy occurs, Administrative Board consisting of 12 (2) Only growers, including duly au the Secretary may fill such vacancy with members, each of whom shall have an thorized officers or employees of growers, out regard to nominations, which ap alternate having the same qualifications who are present and who are eligible to pointment shall be made on the basis of as the member for whom he is an alter serve as grower members of the Board, representation provided for in £ 20. nate. Six of the members and their alter shall participate in the nomination of § 27 Alternate members. nates shall be growers or officers or grower members and alternate grower employees of growers. Six of the members members of the Board. No grower shall An alternate member of the Board, and their alternates shall be handlers participate in the selection of nominees during the absence of the member for or officers or employees of handlers. in more than one district during any whom he is an alternate, shall act in There shall be an individual who shall fiscal period. If a producer produces the place and stead of such member and serve as nonvoting chairman of the cherries in more than one district, he perform such other duties as assigned. Board, and an individual who shall serve shall select the district in which he will In the event of the death, removal, resig as his alternate. so participate and notify the Board of nation, or disqualification of a member, District representation on the com his choice. his alternate shall act for him until a mittee shall be as follows: (3) Only handlers, including duly au successor for such member is appointed thorized officers or employees of han and has qualified. In the event that a District Grower Handler grower member and his alternate are un members members dlers, who are present and who are able to attend a Board meeting, the eligible to serve as handler members of grower members present at such meeting 1...... 1 1 the Board, shall participate in the nomi may designate any other grower alter 2...... 1 1 nation of handler members and alternate 3 ...... 2 2 nate to serve in such absent grower mem ...... 1 1 handler members of the Board. No ber’s place and stead at that meeting. In 5...... 1 1 handler shall participate in the selection of nominees in more than one district the event that a handler member and his during any fiscal period. If a person is alternate are unable to attend a Board § 21 Term of office. both a grower and a handler of cherries, meeting, the handler members present at The term of office of each member and such person may vote either as a grower such meeting may designate any other alternate member of the Board shall be handler alternate to serve in such absent or handler, but not as both. handler member’s place and stead at that for 3 years, beginning May 1 and ending (c) The members of the Board ap meeting. on the last day of April : Provided, That pointed by the Secretary pursuant to § 23 one-third of the initial members and shall, at the first meeting, and whenever § 28 Eligibility for membership on alternates shall serve only until April 30, necessary thereafter, by a majority vote Cherry Administrative Board. 1972, and one-third of such members and of those present, nominate an individual (a) Each grower member and each alternates shall serve only until April 30, to serve as nonvoting chairman of the grower alternate member of the Board 1973. (Determination of which of the Board, and an individual to serve as his shall be a grower, or an officer or em initial members and their alternates shall alternate. ployee of a grower in the district for serve for 1 year, 2 years, and 3 years shall § 23 Appointment. which nominated or appointed. be by lot.) Members and alternate mem (b) Each handler member and each bers shall serve in such capacity for the From the nominations made pursuant handler alternate member of the Board portion of the term of office for which to § 22, or from other qualified individ shall be a handler, or an officer or em they are selected and have qualified and uals, the Secretary shall appoint the ployee of a handler, who owns, or leases, until their respective successors are chairman of the Board and his alternate and operates a cherry processing facility selected and have qualified. The consecu and the members of the Board and an in the district for which nominated or tive terms of office of members shall be alternate for each* such member on the appointed. limited to two 3-year terms. The non basis of the representation provided for voting chairman of the Board and his in § 20. § 29 Powers. alternate shall serve at the pleasure of The Board shall have the following the Secretary. The Secretary shall give § 24 Failure to nominate. powers: consideration to any recommendation of If nominations are not made within the (a) To administer the provisions of the Board with respect to termination time and in the manner prescribed in this part in accordance with its terms; of appointment of the chairman or his § 22, the Secretary may, without regard (b) To receive, investigate, and report alternate. to nominations, select the chairman and to the Secretary complaints of violations § 22 Nomination. his alternate and select the members and of the provisions of this part; alternate members of the Board on the (c) To make and adopt rules and regu (a) Initial members. The Secretary basis of representation provided for in lations to effectuate the terms and shall hold, or cause to be held, meetings § 20. of growers and of handlers to nominate provisions of this part; and the initial members and alternate mem § 25 Acceptance. (d) To recommend to the Secretary bers of the Board. Such meetings shall be Any person selected by the Secretary amendments to this part'. held as soon as practicable after the as the chairman and his alternate or as § 30 Duties. effective date of this part, and shall be a member or as an alternate member of The Board shall have, among others, conducted in the manner provided in the Board shall qualify by filing a written the following duties: paragraph (b) of this section. acceptance with the Secretary within 10 (b) Successor members. (1) Nomina days after notified of such appointment. (a) To select such officers, other than tions for successor members of the Board, the chairman, as may be necessary, and and their respective alternates, shall be § 26 Vacancies. to define the duties of such officers; made at separate meetings of growers and To fill any vacancy occasioned by the (b) To appoint such employees, handlers. Such meetings shall be held at failure of any person appointed as a agents, and representatives as it may such times (on or before April 1 of each member or as an alternate member of deem necessary and to determine com year) and places as the Board shall desig the Board to qualify, or in the event of pensation and to define the duties of nate. One nominee shall be elected at the death, removal, resignation, or dis each; nomination meetings for each member qualification of any member or alternate (c) To submit to the Secretary as and one nominee for each alternate mem member of the Board, a successor for the soon as practicable after the beginning ber position to be filled. The names and unexpired term of such member or alter of each fiscal period a budget for such addresses of each nominee shall be sub nate member of the Board shall be nomi fiscal period, including a report in ex mitted to the Secretary not later than nated and appointed in the manner planation of the items appearing therein FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 PROPOSED RULE MAKING 7079 and a recommendation as to the rate E xpenses and Assessments tent practicable, such funds shall be re of assessment for such period; turned pro rata to the persons from (d) To keep minutes, books, and rec §40 Expenses. whom such funds were collected. ords which will reflect all of the acts The Board is authorized to incur such (b) All funds received by the Board and transactions of the Board and which expenses as the Secretary finds are rea pursuant to the provisions of this part shall be subject to examination by sonable and likely to be incurred by shall be used solely for the purpose speci the Secretary; the Board for its maintenance and func fied in this part and shall be accounted (e) To prepare periodic statements tioning and to enable it to exercise its for in the manner provided in this part. of the financial operations of the Board powers and perform its duties in accord The Secretary may at any time require and to make copies of each statement ance with the provisions of this part. the Board and its members to .account available to growers and handlers for The funds to coverjsuch expenses shall for all receipts and disbursements. examination at the office of the Board; be paid to the Board by handlers in the R egulations (f) To cause its books to be audited by manner prescribed in § 41. § 50 Marketing Policy. a competent public accountant at least § 41 Assessments. once each fiscal year and at such times Each season prior to making any rec as the Secretary may request; (a) As his pro rata share of the ex ommendations pursuant to § 51, the (g) To act as intermediary between penses which the Secretary finds are Board shall submit to the Secretary a the Secretary and any grower or reasonable and likely to be incurred by report setting forth its marketing policy handler; the Board during a fiscal period, each for the ensuing marketing season. Such (h) To investigate and assemble data handler shall pay to the Board, upon de marketing policy report shall contain in on the growing, handling, and market mand, assessments on all cherries han formation relating to : ing conditions with respect to cherries; dled by him during such period. The (a) The estimated total production of (i) To submit to the Secretary the payment of assessments for the main cherries ; same notice of meetings of the Board tenance and functioning of the Board (b) The expected general quality of as is given to its members ; may be required under this part through such cherry production; (j) To submit to the Secretary such out the period it is in effect, irrespective (c) The expected carryover as of available information as he may request; of whether particular provisions thereof July 1 of canned or frozen cherries and (k) To investigate compliance with are suspended or become inoperative. other cherry products; the provisions of this part; and (b) The Secretary shall fix the rate (d) The expected demand conditions (l) With the approval of the Secre of assessment to be paid by each handler for cherries in different market outlets; tary, to redefine the districts into which during the fiscal period in an amount (e) Supplies of competing commodi the production area is divided, and to designed to secure sufficient funds to ties; reapportion tt^e representation of any cover the expenses which may be in (f ) Trend and level of consumer district on the Board: Provided, That curred during such period. At any time income ; any such changes shall reflect, insofar as during or after the fiscal period, the (g) Other factors having a bearing on practicable, shifts in cherry production Secretary may increase the rate of as the marketing of cherries ; within the districts and the production sessment in order to secure sufficient (h) The regulation expected to be area. funds to cover any later finding by the recommended during the marketing sea Secretary relative to the expenses which § 31 Procedure. son; and may be incurred. Such increase shall be (i) The total volume of cherries that (a) Eight members of the Board, or applied to all cherries handled during the are placed in the reserve pool. alternates acting for members, shall applicable fiscal period. In order to pro constitute a quorum and any action of vide funds for the administration of the § 51 Recommendations for volume the Board shall require a majority vote provisions of this part during the first regulation. of those present. of a fiscal period before sufficient operat (a) Not later than June 25 of each year (b) The Board may provide for simul ing income is available from assessments, the Board, if it deems it advisable to taneous meetings of groups of its mem the Board may accept the payment of regulate the handling of cherries in the bers at two or more designated places assessments in advance, and may also manner provided in § 52, shall so rec or may use a telephone conference call borrow money for such purposes. If a ommend to the Secretary. meeting: Provided, That such meetings handler does not pay his assessment (b) In arriving at its recommendations shall be subject to the establishment of within the time prescribed by the Board, for regulations pursuant to paragraph communications so that each member the unpaid assessment may be subject (a) of this section, the Board shall give may participate in the discussions and to an interest charge at rates prescribed consideration to current information other actions the-same as if the Board by the Board, with the approval of the with respect to the factors affecting the were assembled in one place. Secretary. supply of and demand for cherries dur (c) The Board may vote by telephone, § 42 Accounting. ing the then current fiscal period. With telegraph, or other means of communi each such recommendation for regula cation, and any votes so cast shall be (a) If, at the end of a fiscal period,tion, the Board shall submit to the Sec the assessments collected are in excess of retary the data and information on confirmed promptly in writing: Provided, expenses incurred, the Board, with the That if an assembled meeting is held, which such recommendation is pred all votes shall be cast in person. approval of the Secretary, may carry icated and such other available infor over all or any portion of such excess mation as the Secretary may request. § 32 Expenses and compensation. into subsequent fiscal periods as reserve ; Provided, That funds already in the re (c) All assembled meetings of the The members of the Board, and alter serve do not exceed approximately one Board shall be open to growers and nates when acting as members, and the fiscal period’s expenses. Such reserve handlers. The Board may publish notice chairman of the Board, and his alternate of such meetings in such newspapers as when acting as chairman, shall serve funds may be used (1) to cover any ex penses authorized by this part and (2) it deems appropriate and shall mail no without compensation but shall be re to cover necessary expenses of liquida tice of such meetings to each grower and imbursed for necessary expenses, as ap tion in the event of termination of this handler who has filed his name and ad proved by the Board, incurred by them dress with the Board for such purpose. in the performance of their duties under part. If any such excess is not retained in this part. The Board at its discretion a reserve, it shall be refunded propor § 52 Issuance of volume regulations. may request the attendance of one or tionately to the handlers from whom the (a) The Secretary shall limit, in the more alternates, including the alternate excess was collected. Upon termination manner specified in this section, the to the nonvoting chairman, at any or of this part, any funds not required to quantity of cherries which handlers may all meetings, notwithstanding the ex defray the necessary expenses of liquida acquire and freely handle during the pected or actual presence of the re tion shall be disposed of in such a man then current fiscal period, whenever he spective member, and may pay expenses, ner as the Secretary may determine to be finds from the recommendations and in as aforesaid. appropriate: Provided, That to the ex formation submitted by the Board, or FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 No. 87----5 7080 PROPOSED RULE MAKTNG from other available information, that ries in each lot of cherries acquired (1) Application. The producer electing such regulation will tend to effectuate the during the fiscal period by the restricted to so divert cherries shall first make ap declared policy of the Act. Such regula percentage fixed by the Secretary: Pro plication to the Board for permission to tion shall fix the free and restricted per vided, That in converting cherries in do so. Such application shall describe centages, totaling 100 percent, which each lot to the form prescribed by the in detail the manner in which the appli shall be applied in accordance with § 54 Board the reserve pool obligations shall cant proposes to divert cherries includ to cherries acquired by handlers during be adjusted, in accordance with uniform ing, if the diversion is to be by means such fiscal period. rules adopted by the Board, to recognize of leaving the cherries unharvested, a (b) The Board shall be informed im shrinkage and loss resulting from detailed description of the location of mediately of any such regulation issued processing. the orchard and the ages of the trees by the Secretary, and the Board shall (b) Reserve pool cherries shall meet therein. It shall also contain an agree promptly give notice thereof to handlers. such standards of grade, quality, or con ment that the proposed diversion is to dition as the Board, with the approval § 53 Modification, suspension, or termi be carried out under the supervision of nation of volume regulations. of the Secretary, may prescribe. All such the Board and that the cost of such cherries shall be inspected by the Proc supervision is to be paid by the applicant. (a) During the period September 15- essed Products Standardization and In (2) Diversion certificate. If the Board 25 of each year, or some other date rec spection Branch, U.S.D.A. A certificate approves the application, it shall so ommended by the Board and approved of such inspection shall be issued which notify the applicant and conduct such by the Secretary, the Board shall deter shall show, among other things, the supervision of the applicant’s diversion of mine the total quantity of free percent name and address of the handler, the cherries as may be necessary to assure age cherries handled from the current number and type of containers in the that the cherries are diverted. After the crop. If it determines that such quantity lot, the location where the lot is stored, diversion has been accomplished, the is less than the quantity determined identification marks (can codes or lot Board shall issue to the diverting pro earlier by the Board as the quantity of stamp), and a certification that the ducer a diversion certificate stating the cherries which should be available for cherries met the prescribed standards. weight of cherries which may be deliv handling, it shall recommend to the Sec Promptly after inspection and certifi ered to a handler free from all reserve retary that a portion or all of the re cation, each such handler shall submit, pool requirements; the latter of which serve pool be released to handlers for or cause to be submitted to the Board, shall be in an amount having the same use in normal commercial outlets. The at the place designated by the Board, relationship to the weight of cherries amount of the reserve pool so recom a copy of the certificate of inspection is diverted as that existing between the mended to be released shall be the sued with respect to such cherries. free and restricted percentages fixed amount required to make the total avail (c) Each handler shall hold his re pursuant to § 52. Where diversion is able supplies for handling in normal serve pool for the account of the Board carried out by leaving the cherries un commercial outlets equal, but not exceed until relieved of such responsibility by harvested, the Board shall estimate the the quantity, as estimated by the Board, the Board. Such reserve pool cherries weight of cherries diverted on the basis needed to meet the demand in such shall be stored in accordance with good outlets. of such uniform rule as the Board, with commercial practice and shall be sep the approval of the Secretary, may (b) Oh and after March 15 of each arate and apart from any other cherries prescribe. year and prior to June 1 of such year, in possession of the handler. Each han the Board may recommend to the Sec dler so holding reserve pool shall deliver (b) Any producer who diverts cherries retary that a portion or all of the reserve to the Board, upon demand, such portion pursuant to the provisions of this section pool be released to handlers for use in of the reserve pool held by him as the shall be entitled to participate in pro normal commercial channels to the ex Board may specify. ceeds from the disposition of reserve tent that the total available supply in pool cherries only if he delivers cherries normal commercial outlets is less than § 55 Off-premise reserve pool. to handler in excess of the quantity needed to meet the demand in such out No handler may transfer a reserve shown on his diversion certificate and lets. Such reserve pool shall be offered pool obligation but any handler may, then only to the extent of such excess for sale to handlers for a period of 10 upon modification to the Board, arrange delivery of cherries. The Board, with the days: Provided, That only one release to hold reserve pool, of his own produc approval of the Secretary, shall adopt period shall be authorized by the Secre tion or which he has purchased, on the procedural rules and regulations to ef tary during the period from March 15 premises of another handler or in an fectuate the provisions of this section. to June 1 of each year. approved commercial storage in the same § 57 Equity holders. (c) Whenever the Secretary finds, manner as though the reserve pool were on his own premises. A grower’s equity in the reserve pool from the recommendation and informa may be transferred to another person tion submitted by the Board pursuant § 56 Diversion privilege. with approval of the Board. to paragraph (a) or paragraph (b) of this section, or from other available in Any producer may voluntarily elect to So that the Board may determine each formation, that a portion or all of the divert, in accordance with provisions of producer’s, or his successor’s in inter cherries in the reserve pool should be re this section, all or a portion of his cher est, equity in the total reserve pool, each leased, he shall authorize the Board to ries which otherwise, upon delivery to a handler who receives cherries shall de release such cherries as provided in handler, would become reserve pool. termine and certify to the Board the § 59. Upon such diversion and compliance weight of cherries received, the name and with the provisions of this section, the address of the producer or successor in § 54 Reserve pool. Board shall issue to the diverting pro interest. Each weight and determination (a) Whenever the Secretary has fixed ducer a diversion certificate which shall shall be made in accordance with uni the free and restricted percentages for entitle such producer to deliver to a form rules adopted by the Board and any fiscal period, as provided for in handler, and such handler to receive, the approved by the Secretary. Each grade § 52(a), each handler shall set aside for specified weight of cherries free from all determination shall be made by the Fed the reserve pool, at such time and in reserve pool requirements. eral or Federal-State Inspection Service. such manner and form, other than as (a) Eligible diversion. Diversion cer § 58 Handler compensation. canned cherries or canned cherry prod tificates shall be issued to producers only ucts, as the Board may prescribe, a por if the cherries are diverted in accordance Each handler shall be compensated tion of the cherries he acquires during with the following terms and conditions for receiving, processing, supplies, stor to such of the following outlets as the ing and such other costs relating to the such period. Except as otherwise per reserve pool as the Board may deem to be mitted pursuant to §§ 56 and 61, such Board with the approval of the Secre tary may designate: uses exempt under appropriate: Provided, That the com reserve pool portion shall be equal to the § 61; nonhuman food uses; or other uses, pensation for receiving, processing, and sum of the products obtained by multi including diversion by leaving such cher storing shall not exceed the handler’s plying the weight or volume of the cher- ries unharvested. costs for such services. At the beginning FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 PROPOSED RULE MAKING 7081 of each crop year, the Board shall, with provisions of this section are handled diversion certificate has been issued the approval of the Secretary, establish only as authorized. other than as provided in § 56(a). a schedule of charges for receiving, proc R eports and R ecords § 71 Right of the Secretary. essing, storing and other costs related to the reserve pool. The payment of such § 62 Reports. The members of the Board (including costs shall be by the producers having an (a) Inventory. Each handler shall, successors and alternates), and any interest in the reserve pool, or their suc upon request of the Board, file promptly agents, employees, or representatives cessors in interest, and may be deducted with the Board a certified report showing thereof, shall be subject to removal or from any moneys owed by handlers to such information as the Board shall suspension by the Secretary at any time. such persons. A handler may request the specify with respect to any cherries or Each and every regulation, decision, de Board to remove reserve pool cherries cherry products which were held by him termination, or other act of the Board from his premises upon expiration of shall be subject to the continuing right on such date as the Board may designate. of the Secretary to disapprove of the prepaid storage charges or refund of (b) Receipts. Each handler shall, upon unearned charges, and the Board shall same at any time. Upon such disapprov request of the Board, file promptly with al, the disapproved action of the Board comply within a reasonable time consist the Board a certified report showing the ent with the availability of suitable shall be deemed null and void, except as name and address of each grower and to acts done in reliance thereon or in storage. Upon any such removal the the total weight of cherries delivered for handler shall also pay one-half of the accordance therewith prior to such dis the season. approval by the Secretary. cost of such removal and shall forfeit to (c) Other reports. Upon the request of the extent of the removed volume, his the Board, with the approval of the § 72 Effective time. pro rata share in any offer to sell re Secretary, each handler shall furnish The provisions of this part, and of any serve pool and such share shall be 'allo to the Board such other information amendment thereto, shall become effec cated to the successor storing handler. * with respect to the cherries acquired and tive at such time as the Secretary may § 59 Disposition of reserve pool. disposed of by such handler as may be declare above his signature and shall (a) The Board shall offer reserve pool necessary to enable the Board to exercise continue in force until terminated in one cherries for purchase by handlers for its powers and perform its duties under of the ways specified in § 73. disposition in accordance with § 53 (a) this part. § 73 Termination. and (b). Reserve pool cherries shall be § 63 Records. (a) The Secretary at any time may sold to handlers at prices and in a man Each handler shall maintain such rec terminate the provisions of this part by ner intended to maximize returns to ords of all cherries acquired, handled, or giving at least one day’s notice by means equity holders and achieve complete dis sold, or otherwise disposed of as will sub of a press notice or in any other manner position of such cherries. stantiate the required reports and as in which he may determine. (b) The Board shall have the power may be prescribed by the Board. All such (b) The Secretary shall terminate or and authority to dispose of any or all re records shall be maintained for not less suspend the operation of any and all of serve pool cherries for any nonhuman than 2 years after the termination of the provisions of this part whenever he use, including animal feed, or any use the crop year in which the transactions finds that such provisions do not tend to other than normal commercial outlets. occurred or for such lesser period as the (c) The Board shall offer each han effectuate the declared policy of the Act. dler his share of the reserve pool cherries Board may direct. (c) The Secretary shall terminate the § 64 Verification of reports and records. provisions of this part whenever he finds to be sold by the Board. The handler’s by referendum or otherwise that such share shall be determined by applying to For the purpose of assuring compliance termination is favored by a majority of the total quantity offered the percentage and checking and verifying the reports the growers: Provided, That such major that the reserve pool processed by such filed by handlers, the Board, through its ity has, during the current fiscal year, handler is of the total reserve pool proc duly authorized agents, shall have access produced more than 50 percent of the essed by all handlers. If any handler de to any premises where applicable records volume of the cherries which were pro. clines, or fails, to purchase all or any part are maintained, where cherries are re duced within the production area. Such of his share, the remainder shall be of ceived, stored, or handled, and, at any termination shall become effective on the fered to all handlers who have purchased time during reasonable business hours, last day of April subsequent to the their respective shares. shall be permitted to inspect such han announcement thereof by the Secretary. § 60 Disposition of proceeds from sale dler premises and any and all records (d) The Secretary shall conduct a of reserve pool. of such handlers with respect to matters referendum every 5 years after the effec The proceeds from the disposition of within the purview of this part. tive date of this part to ascertain whether any reserve pool shall be distributed, § 65 Confidential information. continuation of this part is favored by after deduction of any expenses incurred the growers and handlers. If it develops by the Board in receiving, handling, hold All reports and records furnished or from said referendum that (1) more ing, or disposing thereof, to the respective submitted by handlers to the Board and than 50 percent Of the producers by num its authorized agents which include data ber or volume of production represented producers or their successors in interest, or information constituting a trade secret on the basis of the tonnage of their re or disclosing trade position, financial in the referendum or (2) more than 50 spective contributions to the reserve pool. condition, or business operations of the percent of the handlers, who during the The distribution of proceeds to producer particular handler from whom received, current fiscal period handled more than members of cooperative associations, 50 percent of the total volume of cher which are handlers and have reserve pool shall be received by and at all times kept ries processed within the production area cherries pursuant to § 54, shall be made in the custody and under the control of by those handlers voting in the referen to the appropriate association. one or more employees of the Board, and dum, favor termination of this part, the shall disclose such Information to no Secretary shall terminate the provisions § 61 Exemptions. person other than the Secretary. in accordance with paragraph (c) of this The Board, with the approval of the Miscellaneous P rovisions section. Secretary, may exempt from the provi (e) The provisions of this part shall, in sions of §§52 through 60 cherries used § 70 Compliance. any event, terminate whenever the pro for experimental purposes or processed Except as provided in this part, no per visions of the Act authorizing them cease into products which use less than 5 per son may handle cherries, the handling to be in effect. cent of the preceding 5-year average pro of which has been prohibited by the Sec duction of cherries. The Board, with the retary under this part, and no person § 74 Proceedings after termination. approval of the Secretary, shall pre shall handle cherries except in conform (a) Upon the termination of the pro scribe such rules, regulations, and safe ity with the provisions of this part and visions of this part, the Board shall, for guards as it may deem necessary to en the regulations issued hereunder. No per the purpose of liquidating the affairs of sure that cherries handled under the son may handle any cherries for which a the Board, continue as trustees of all the FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7082 PROPOSED RULE MAKING funds and property then in its possession, or other acts, either of commission or to an additional proposed amendment to or under its control, including claims for omission, as such member, alternate, the tentative marketing agreement and any funds unpaid or property not de employee, or agent, except for acts of to the order, regulating the handling of livered at the time of such termination. dishonesty, willful misconduct, or gross milk in the Southern Illinois marketing (b) The said trustees shall (1) con negligence. area. tinue in such capacity until discharged § 80 Separability. The hearing is called pursuant to the by the Secretary; (2) from time to time provisions of the Agricultural Marketing account for all receipts and disburse If any provision of this part is de Agreement Act of 1937, as amended (7 ments and deliver all property on hand, clared invalid or the applicability thereof U.S.C. 601 et seq.), and the applicable together with all books and records of the to any person, circumstance, or thing is rules of practice and procedure govern Board and of the trustee, to such persons held invalid, the validity of the re ing the formulation of marketing agree as the Secretary may direct; and (3) mainder of this part or the applicability ments and marketing orders (7 CFR Part upon the request of the Secretary, exe thereof to any other person, circum 900). cute such assignments or other instru stance, or thing shall not be affected The purpose of the hearing is to re ments necessary or appropriate to vest in thereby. ceive evidence with respect to the eco such person full title and right to all of § 81 Counterparts. nomic and markting conditions which the funds, property, and claims vested in This agreement may be executed in relate to the previously announced pro the Board or in the trustees pursuant multiple counterparts, and when one posed amendments, and to the additional thereto. counterpart is signed by the Secretary, proposed amendment hereinafter set (c) Any person to whom funds, prop all such counterparts shall constitute, forth, and any appropriate modifications erty, and claims have been transferred or when taken together, one and the same thereof, to the tentative marketing delivered, pursuant to this section, shall instrument as if all signatures were con agreements and to the orders regulating be subject to the same obligation im tained in one original. * * * the handling of milk in the Central Illi posed upon the Board and upon the nois and Southern Illinois marketing trustees. § 82 Additional parties. areas. § 75 Effect of termination or amend After the effective date hereof, any The proposed amendment, set forth ment. handler may become a party to this below, and the previously announced agreement if a counterpart is executed proposed amendments have not received Unless otherwise expressly provided by by him and delivered to the Secretary. the approval of the Secretary of Agri the Secretary, the termination of this This agreement shall take effect as to culture. part or of any regulation issued pursuant such new contracting party at the time Proposed by Mid-America Dairymen, to this part, the issuance of any amend such counterpart is delivered to the Inc., and Associated Milk Producers, ment to either thereof, shall not (a) af Secretary, and the benefits, privileges, Inc.: fect or waive any right, duty, obligation, and immunities conferred by this agree or liability which shall have arisen or Proposal No. 3. Revise the appropriate which may thereafter arise in connec ment shall then be effective as to such provisions of the Southern Illinois milk tion with any provision of this part or new contracting party. * * * order (Part 1032 of this Chapter) to pro § 83 Order .with marketing agreement. vide that producer milk diverted to non any regulation issued hereunder, or (b) pool plants shall not carry a higher price release or extinguish any violation of this Each signatory handler hereby re than milk delivered to pool plants from part or any regulation issued there quests the Secretary of issue, pursuant to which diverted. under, or (c) affect or impair any rights the Act, an order providing for regulat or remedies of the Secretary or any other Copies of this supplemental notice and ing the handling of cherries in the same the orders may be procured from the person with respect to any such manner as is provided for in this agree violation. Market Administrator, Post Office Box ment. * * * 1485, Maryland Heights, Mo. 63042 § 76 Duration of immunities. Dated: April 29, 1970. (street address: 2550 Schuetz Road), or from the Hearing Clerk, Room 112-A, The benefits, privileges, and immuni J ohn C. B lum, ties conferred upon any person by virtue Deputy Administrator, Administration Building, U.S. Depart of this part shall cease upon its termi Regulatory Programs. ment of Agriculture, Washington, D.C. nation, except with respect to acts done 20250, or may be there inspected. under and during the existence of this [F.R. Doc. 70-5425; Filed, May 4, 1970; Signed at Washington, D.C., on April part. 8:45 a.m.] 30, 1970. J ohn C. B lum, § 77 Agents. Deputy Administrator, •The Secretary may, by designation in [ 7 CFR Parts 1032, 1050 1 Regulatory Programs. writing, name any officer or employee of [Docket Nos. AO-355-A8, AO-313-A19] [F.R. Doc. 70-5460; Filed, May 4, 1970; the United States, or name any agency 8 :4 8 a .m .] or division in the U.S. Department of MILK IN CENTRAL ILLINOIS AND Agriculture to act as his agent or repre SOUTHERN ILLINOIS MARKETING sentative in connection with any provi AREAS sions of this part. Supplemental Notice of Hearing on DEPARTMENT OF HEALTH, § 78 Derogation. Proposed Amendments to Tentative Nothing contained in this part is, or Marketing Agreements and Orders EDUCATION, AND WELFARE shall be construed to be, in derogation or Public Health Service in modification of the rights of the Sec This notice is supplemental to the no retary or of the United States (a) to tice of hearing which was issued on April [ 42 CFR Part 81 ] 8, 1970, and published in the F ederal exercise any powers granted by the act SOUTHERN LOUISIANA-SOUTHEAST or otherwise, or (b) in accordance with R egister on April 11,1970 (35 F.R. 6009), such powers, to act in the premises when and to a supplemental notice of hearing TEXAS INTERSTATE AIR QUALITY ever such action is deemed advisable. which was issued on April 23, 1970, and CONTROL REGION published in the F ederal R egister on § 79 Personal liability. April 28, 1970 (35 F.R. 6712). Notice is Proposed Designation and Consulta tion With Appropriate State and No member or alternate member of the hereby given that the aforesaid hearing Board and no employee or agent of the will be held at scheduled at the Pere Local Authorities Board shall be held personally respon Marquette Hotel, 501 Main Street, Peoria, Pursuant to authority delegated by the sible, either individually or jointly with HI., beginning at 10 a.m., local time, on Secretary and redelegated to the Com others, in any way whatsoever, to any May 13, 1970, with respect to proposed missioner of the National Air Pollution person for errors in judgment, mistakes, amendments previously announced and Control Administration (33 F.R. 9909), FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 PROPOSED RULE MAKING 7083 notice is hereby given of a proposal to Jefferson Parish. Docket GC-24, 800 Independence Ave designate the Southern Louisiana- Jefferson Davis Parish. nus SW., Washington, D.C. 20590. All Southeast Texas Interstate Air Quality Lafayette Parish. communications received on or before Control Region (Louisiana-Texas) asset Lafourche Parish. August 3, 1970, will be considered by the Livingston Parish. Administrator forth in the following new § 81.53 which Orleans Parish. before taking action on would be added to Part 81 of Title 42, Plaquemines Parish. the proposed rule. The proposal con Code of Federal Regulations. It is pro Pointe Coupee Parish. tained in this notice may be changed in posed to make such designation effective Rapides Parish. the light of comments received. All com upon republication. St. Bernard Parish. ments submitted will be available, both Interested persons may submit written St. Charles Parish. before and after the closing date for St. Helena Parish. comments, in the Rules Docket for ex data, views, or arguments in triplicate to St. James Parish. the Office of the Commissioner, National St. John the Baptist Parish. amination by interested persons. Air Pollution Control Administration, St. Landry Parish. Sections 121.363 and 127.131 state that Parklawn Building, Room 17-82, 5600 St. Martin Parish. each certificate holder is primarily re Fishers Lane, Rockville, Md. 20852. All St. Mary Parish. sponsible for the airworthiness of its relevant material received not later than St. Tammany Parish. aircraft, including airframes, aircraft 30 days after the publication of this Tangipahoa Parish. engines, propellers, appliances, and parts, notice will be considered. Terrebonne Parish. and is responsible for the maintenance, Vermilion Parish. preventive maintenance, and altera Interested authorities of the States of Vernon Parish. Louisiana and Texas and appropriate Washington Parish. tions thereon in accordance with its local authorities, both within and with West Baton Rouge Parish. manual and the Federal Aviation Regu out the proposed region, who are affected West Feliciana Parish. lations. However, under current regula tions, Parts 121 and 127 certificate by or interested in the proposed designa In the State of Texas: tion, are hereby given notice of an oppor holders may not approve for return to tunity to consult with representatives of Hardin County. service aircraft or components which the Secretary concerning such designa Jasper County. have had maintenance, preventive main tion. Such consultation will take place at Jefferson County. tenance, or alterations performed by Newton County. other persons, in spite of the fact that 10 a.m„ May 15,1970, Grand Jury Room, Orange County. Federal Building, Moss and Kirby the work must be done in accordance Streets, Lake Charles, La. 70601. This action is proposed under the au with the certificate holder’s current air Mr. Doyle J. Borchers is hereby desig thority of sections 107(a) and 301(2) of worthiness maintenance program and nated as Chairman for the consultation. the Clean Air Act, section 2, Public Law manual, and performed under the cer The Chairman shall fix the time, date, 90-148, 81 Stat. 490, 504, 42 U.S.C. 1857c- tificate holder’s surveillance. and place of later sessions and may con 2(a), 1857g(a). The proposed amendment would au vene, reconvene, recess, and adjourn the Dated: April 29,1970. thorize a certificate holder to approve sessions as he deems appropriate to expi- for return to service aircraft, aircraft dite the proceedings. J ohn H. Ludwig, engines, propellers, appliances or parts State and local authorities wishing to Acting Commissioner, National which have been maintained or altered participate in the consultation should Air Pollution Control Admin by any other person when that work is notify the Office of the Commissioner, istration. performed in accordance with the cer National Air Pollution Control Admin [F.R. Doc. 70-5391; Filed, May 4, 1970; tificate holder’s manual. Accordingly, istration, Parklawn Building, Room 17- 8:45 a.m.] § 121.379(a) would be amended so that 82, 5600 Fishers Lane, Rockville, Md. the authorization for approval for return 20852 of such intention at least 1 week to service specified in § 121.379(b) would prior to the consultation. A report pre include work performed by others as well pared for the consultation is available DEPARTMENT OF as work performed by the certificate upon request to the Office of the holder. Paragraph (b) would also be Commissioner. amended so that the reference to work TRANSPORTATION performed for the certificate holder’s In Part' 81 a new § 81.53 is proposed to approval includes that performed by be added to read as follows: Federal Aviation Administration other persons. § 81.53 Southern Louisiana-Southeast [ 14 CFR Parts 121, 127 1 No change is proposed to alter the cer Texas Interstate Air Quality Control tificate holder’s primary responsibility to Region. I Docket No. 10289; Notice No. 70-20] maintain its aircraft in an airworthy Thé Southern Louisiana-Southeast MAINTENANCE, PREVENTIVE condition, or to have it performed in ac Texas Interstate Air Quality Control MAINTENANCE, AND ALTERATIONS cordance with its manual. Region (Louisiana-Texas) consists of the In consideration of the foregoing, it is territorial area encompassed by the Notice of Proposed Rule Making proposed to amend Parts 121 and 127 of boundaries of the following jurisdictions The FAA is considering amending the Federal Aviation Regulations as or described area (including the terri Parts 121 and 127 of the Federal Aviation follows: torial area of all municipalities (as de Regulations to authorize holders of cer 1. By amending § 121.379 to read: fined in section 302(f) of the Clean Air tificates issued under those parts to ap § 121.379 Authority to perform and ap Act, 42 U.S.C. 1857h(f)) geographically prove and return to service aircraft, air prove maintenance,, preventive located within the outermost boundaries craft engines, propellers, or appliances maintenance, and alterations. of the area so delimited) : which have had maintenance performed (a) A certificate holder may perform, In the State of Louisiana: by any person who does so in accordance or it may make arrangements with other Acadia Parish. with the certificate holder’s airworth persons to perform, maintenance, pre Allen Parish. iness maintenance program and main ventive maintenance, and alterations as Ascension Parish. tenance manual. Assumption Parish. provided in its continuous airworthiness Avoyelles Parish. Interested persons are invited to par maintenance program and its mainte Beauregard Parish. ticipate in the making of the proposed nance manual. In addition, a certificate Calcasieu Parish. rule by submitting such written data, holder may perform these functions for Cameron Parish. views, or arguments as they may desire. another certificate holder as provided in East Baton Rouge Parish. Communications should identify the the continuous airworthiness mainte East Feliciana Parish. regulatory docket or notice number and nance program and maintenance manual Evangeline Parish. be submitted in duplicate to: Federal Grant Parish. of the other certificate holder. Iberia Parish. Aviation Administration, Office of the (b) A certificate holder may approve Iberville Parish. General Counsel, Attention: Rules any aircraft, airframe, aircraft engine, FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7084 PROPOSED RULE MAKING propeller, or appliance for return to serv provided in its continuous airworthiness must have been done in accordance with ice aftej maintenance, preventive main maintenance program and its mainte- technical data approved by the Admin- tenance, or alterations that is performed nance manual. In addition, a certificate istrator. under paragraph (a) of this section. holder may perform these functions for These amendments are proposed under However, in the case of a major repair another certificate holder as provided in the authority of sections 313(a), 601, and or major alteration, the work must have the continuous airworthiness mainte- 605 of the Federal Aviation Act of 1958 been done in accordance with technical nance program and maintenance manual (49 U.S.C. 1354(a), 1421, and 1425) and data approved by the Administrator. of the other certificate holder. of section 6(c) of the Department of 2. By amending § 127.140 to read: (b> A certificate holder may approve Transportation Act (49 U.S.C. 1655(c)). § 127.140 Authority to perform and ap any helicopter, airframe, aircraft en- issued in Washington, D.C., on April prove maintenance, preventive gme, propeller, or appliance for return to 29 1970. maintenance, and alterations. service after maintenance, preventive ’ R S S liff (a) A certificate holder may perform, maintenance, or alterations that is per- Acting Director or it may make arrangements with other formed under paragraph (a) of this sec- Flight Standards Service. persons to perform, maintenance, pre tion. However, in the case of a major [f .r . doc. 70-5451; Filed, May 4, 1970; ventive maintenance, and alterations as repair or major alteration, the work 8:47 am.] FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7085 Notices when issued, may be obtained from the Secs. 21, 23, 24, 27, and 28; Treasury Department, Bureau of Ac-^ Sec. 29, Ei/2 and Ey2 Wy2 ; DEPARTMENT OF STATE Sec. 30, lots 4,5,12,13, and E»/2E%; Agency for International Development counts, Audit Staff, Washington, D.C. Secs. 31, 33, and 34. 20226. T. 5 S., R. 8 E., WORLD EDUCATION, INC. Dated: April 29,1970. Secs. 3, 4,5, and 6. T. 4 S., R. 9 E., Register of Voluntary Foreign Aid [seal] J ohn K. Carlock, Sec. 7, lots 3,4, E%SW% and SE&; Agencies Fiscal Assistant Secretary. Sec. 8 , W%SW%; Sec. 17, wy2wy2; In accordance with the regulations of [F.R. Doc. 70-5458; Piled, May 4, 1970; Secs. 18 and 19; the Agency for International Develop 8:47 a.m.] Sec. 20, WVfcWVfe; ment concerning Registration of Agen Sec. 26, SW»4; cies for Voluntary Foreign Aid (A.I.D. Sec. 27, sy2; Regulation 3) 22 CFR, Part 203, pro Sec. 28, Sx/2 ; Sec. 29, W ^N E^, W]4, and SE&; mulgated pursuant to section 621 of the DEPARTMENT OF THE INTERIOR Secs. 30,31 and 33; Foreign Assistance Act of 1961, as Bureau of Land Management Sec. 34, Ni/2, SW^, and Ny2SE&; amended, notice is hereby given that a Sec. 35. Certificate of Registration as a volun [New Mexico 435] T.5S..R.9E., tary foreign aid agency has been issued NEW MEXICO Sec. 3, Sy2NWy4 and Sy.; by the Advisory Committee on Voluntary Sec. 4, Sy2NEi4 and SE‘,4; Foreign Aid of the Agency for Interna Notice of Proposed Classification of Sec. 9.EÎ4; Sec. 10, N& and W^SW&J tional Development to the following Lands Sec. ll,N y 2Ny2. agency: April 24, 1970. T. 4 S., R. 10 E., World Education, Inc., 667 Madison Avenue, Sec. 31. New York, N.Y. 10021. 1. Pursuant to the Act of September 19, T. 5 S., R. 10 E., 1964 (43 U.S.C. 1411-18) and the regula Sec. 5, lots 3, 4, Sy2NW&, N&SW&, and Dated: April 24, 1970. tions in 43 CFR, Parts 2410 and 2411, it SW^SWi/4; Sec. 6, lots 1, 2, 3, Sy2NE&, SE&NW&, Harriett S. Crowley, is proposed to classify for multiple use Director, Office for management the public lands within the E1/2SW14 , and SE14 . Private Overseas Programs. area described below. Publication of this The areas described aggregate 30,460.58 notice has the effect of segregating the acres. [F.R. Doc. 70-5430; Piled, May 4, 1970; described lands from appropriation only 8:46 a.m.] 3. For a period of 60 days from the date under the agricultural land laws (43 of publication of this notice in the F ed U.S.C., Parts 7 and 9; 25 U.S.C., sec. 334) eral R egister, all persons who wish to and from sales under section 2455 of the submit comments, suggestions or objec DEPARTMENT OF THE TREASURY Revised Statutes (43 U.S.C. 1171) and tions in connection with the proposed the lands shall remain open to all other classification may present their views in Fiscal Service applicable forms of appropriation, in cluding the mining and mineral leasing writing to the Las Cruces District Man [Dept. Circ. 570, 1969 Rev., Supp. No. 20] laws. As used herein, “public lands” ager, Bureau of Land Management, Las means any lands withdrawn or reserved Cruces, N. Mex. 88001. FARMERS ALLIANCE MUTUAL 4. A public hearing on the proposed INSURANCE COMPANY by Executive Order No. 6910 of Novem ber 26, 1934, as amended, or within a classification will be held on May 27,1970, Surety Companies Acceptable on grazing district established pursuant to at 2 p.m. in the Lincoln County Court Federal Bonds the Act of June 28, 1934 (48 Stat. 1269), House, Carrizozo, N. Mex. as amended, which are not otherwise R. O. B uffington, A Certificate of Authority as an ac withdrawn or reserved for Federal use Acting State Director. ceptable surety on Federal bonds has or purpose. been issued by the Secretary of the [F.R. Doc. 70-5426; Filed, May 4, 1970; 2. The public lands located within the 8:45 a.m.] Treasury to the following company following described areas are shown on under sections 6 to 13 of title 6 of the maps designated 03-10, Chupadera Mesa, United States Code. An underwriting on file in the Las Cruces District Office / [New Mexico 9688] limitation of $721,000 has been estab Bureau of Land Management, Post Office lished for the company. Box 1420, Las Cruces, N. Mex. 88001, and NEW MEXICO Name of company, location of principal ex Land Office, U.S. Post Office and Federal Notice of Proposed Gassification of ecutive office, and State in which Incor Building, Santa Fe, N. Mex. 87501. porated: Public Lands for Multiple-Use The overall description of the area is Management; Correction Farmers Alliance Mutual Insurance Company as follows: McPherson, Kansas New Mexico Principal Meridian April 28,1970. Kansas T. 4 S., R. 7 E., F.R. Doc. 70-4621 which appeared in Secs. 25,26,28, 29,33, 34, and 35. the F ederal R egister issue of April 16, Certificates of Authority expire on T. 5 S., R. 7E„ 1970, at pages 6197-98, is hereby cor June 30 each year, unless sooner revoked, Secs. 1,3, and 4; rected as follows: and new Certificates are issued on July Sec. 10, N% and SE%; The land description in Unit 02-13 1 so long as the companies remain quali Secs. 11,12,13, and 14; in column 3 of page 6197 under T. 3 N., fied (31 CFR Part 223). A list of quali Sec. 23, NV£; Sec. 24, Ni/2. R. 15 W., “Sec. 33, EVfeSEft:” is cor fied companies is published annually as rected to “Sec. 33, E^N E i4;”. of July 1 in Department Circular 570, T. 4 S., R. 8 E., Sec. 9; W. J. Anderson, with details as to underwriting limita Sec. 10, N%: tions, areas in which licensed to transact Sec. ll,N y 2; State Director. fidelity and surety business and other Sec. 12; [F.R. Doc. 70-5427; Filed, May 4, 1970; information. Copies of the Circular, Sec. 13, E y 2 ; *8:45 a.m.] FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7086 NOTICES [S—965] the previously published list are adopted Free Street and another block to Spring Street, then along Oak Street to High CALIFORNIA as set out below. It is the responsibility of all Federal Street, across High Street and another agencies to take cognizance of the prop block to Danforth Street; by Danforth Notice of Proposed Amendment to Street on the southeast; by Brackett Street Final Classification of Public Lands erties included in the National Register on the southwest; by a straight line along for Multiple-Use Management as herein amended and revised in Pine Street to Longfellow Square, across accordance with section 106 of the the square to Vernon, Avon, and Henry A pril 27,1970. National Historic Preservation Act of Streets to Deering Place, and from Deering The notice appearing in RR. Doc. 1966, 80 Stat. 915, 16 U.S.C. 470. Place to Forest Avenue on the northwest. 68-664, pages 704 and 705, of the issue The following correction is to be made: MARYLAND of January 19, 1968, is proposed to be ALABAMA Baltimore (independent city) changed as follows: Mobile County Paragraph 4: Add the following Federal Hill Historic District, bounded on the described lands to provide for their Mobile, Bishop Portier Home, 307 Conti Street. east by Covington Street, on the north by Hughes Street, on the west by Charles segregation from the mining laws but The following properties have been Street, and on the south by Hamburg not the mineral leasing laws, totaling added to the National Register since Street. approximately 995 acres of public lands: April 7: MISSOURI ALABAMA Mount Diablo Meridian, Calif. Buchanan County Lauderdale County SAN BENITO COUNTY St. Joseph, Pony Express Stables, 914 Penn All public lands in: Florence, Kennedy (Oscar) House, 303 North Street. T. 18 S., R. 11 E., Pine Street. Jackson County ILLINOIS Sec. 1 ,S%S%SW34; Kansas City, Majors (Alexander) House, 8145 Sec. 10, S%SE%SE%; Adams County State Line Road. Sec. 11, lots 3 and 4, NE^SW1^, S%SW%, andNW&SE^; Quincy, Wood (John) Mansion, 425 South Washington County 12th Street. Sec. 12, lots 1, 2, and 3; Fertile vicinity, Washington State Park Sec. 14, Ny2NW}4 NW%; Champaign County Petroglyph Archeological Site, S E ^ S E % Sec. 15, Ny2NE% and E%NE»4NW}4. T. 18 S., R. 12 E., Urbana, Altgeld Hall, University of Illinois, SE%SW%SW% sec. 23, T. 39 N., R. 8 E. and University of Illinois campus, Wright and NW SW J4 SE%NE % sec. 27, T. 39 N., R. Sec. 7, lot 2, Si/2SW%NEi4, SE^NE^, 3 E. SE%NW%, N&NE&SW1/4. and John Streets. N%N%SE]4; Cook County N E W JE R SE Y Sec. 8, lots 5, 7, and 9, and N^NW ^SW ^; Union County Sec. 9, lots 14,15,16, and 17. Chicago, Auditorium Building, Roosevelt University, Michigan Avenue at Congress Union, First Presbyterian Congregation of All the above-described lands are Street. Connecticut Farms, Stuyvesant Avenue at found to have high recreational values Chicago, Carson, Pirie, Scott & Co., 1 South Chestnut. and require the protection by the above State Street. NORTH CAROLINA Chicago, Charnley (James) House, 1365 segregations. Public comments and the Bertie County record of public discussion on the addi North Astor Street. Chicago, Chicago Stock Exchange Building, Windsor vicinity, Hope Plantation, 4 miles tional segregations are of record in the 30 North La Salle Street. northwest of Windsor off North Carolina Folsom District Office. Chicago, Glessner (John J.) House, 1800 308. For a period of 60 days from the date South Prairie Avenue. Burke County of publication of this notice of proposed Chicago, Leiter I Building, 200-208 West Morganton, Burke County Courthouse, amendment in the F ederal R egister, Monroe Street. Chicago, McClurg Building, 218 South Courthouse Square, bounded on the north all persons who wish to submit com Wabash Avenue. west by Union Street, on the northeast by ments, suggestions, or objections in Chicago, Rookery Building, 209 South La Sterling Street, on the southeast by Meet connection with the proposed segrega Salle Street. ing Street, and on the southwest by Green tion may present their views in writing Oak Park, Unity Temple, 875 Lake Street. Street. to the Folsom District Manager, Bureau River Forest, Winslow (William H.) House Guilford County of Land Management, 63 Natoma Street, and Stable, 515 Auvergne Place. Greensboro, Blandwood, 411 West Washing Folsom, Calif. 95630. Henry County ton Street. A public hearing will be held if suffi Mecklenburg County cient interest is shown. Bishop Hill, Bishop Hill Historic District, bounded on the north by the South Branch Charlotte, Alexander (Hezekiah) House, 3420 For the State Director. of the Edwards River, then south in a Shamrock Drive. straight line along Jacobson Street to Ber- D elmar D. Vail, lang Street; west on Berlang to Erickson New Hanover County District Manager. Street; south on Erickson to the south Wilmington, City Hall-Thalian Hall, 100 edge of the corporate line; westward along North Third Street. [F.R. Doc. 70-5419; Piled, May 4, 1970; the corporate line to Johnson Street; north 8:45 a.m.] on Johnson to Knox Street; west on Knox RHODE ISLAND to Kronberg Street; north on Krcmberg to Providence County Hedeen Street; east on Hedeen to Olson National Park Service Street; north on Olson to Front Street; Providence, Brackett (Charles) House, 45 east on Front Street to Park Street; north Prospect Street. NATIONAL REGISTER OF HISTORIC on Park to River Street; east on River to Providence, Hopkins (Governor Stephen) PLACES an extension of Johnson Street, then north House, 15 Hopkins Street. to the river. Additions, Deletions, and Corrections KENTUCKY SOUTH CAROLINA Abbeville County By notice in the F ederal R egister of Logan County February 3, 1970, Part n (pp. 2476- Adairville vicinity, Savage Cave Archeological Abbeville, Burt (Armistead) House, 306 North 2496), there was published a list of the Site, about 1 mile east of Adairville on Main Street. properties included in the National Kentucky 591. TEXAS MAINE Register of Historic Places. This list has Medina County been amended by a notice in the F ederal Cumberland County R egister on March 3 (pp. 4013-4014) Castroville, Castroville Historic District, Portland, Spring Street Historic District, bounded on the northwest by a line 45* and April 7 (pp. 5635-5636). Further bounded on the northeast by a straight north-northeast through the center of the notice is hereby given that certain line along Forest Avenue (midway between Medina River and intersecting Texas 471; amendments or revisions, in the nature Cumberland Avenue and Congress Street) on the southwest by Constantinople Street of additions, deletions, or corrections to across a flatiron block to Free Street, across to Houston Street, by Naples Street from FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 NOTICES 7087 Houston to Florence Streets, by Constan to fishery commodities or products dele is to make it possible for industry to tinople Street from Florence to Gentile gated to the Director by the Secretary of build more ships over the next 10 years, Streets, and by Gime Street to the river; the Interior may be redelegated to sub moving from the present subsidy level bounded on the southeast by a line 45* of about 10 ships a year to a new level north-northeast through the center of the ordinates, and B. Authority to approve fishery loans of 30 ships a year. river to Texas 471; and on the hortheast Another goal of this program is to by Texas 471. may be redelegated to the Deputy Direc tor, but may not be redelegated further. gradually reduce the construction- Travis County differential subsidy from the present Austin, Bremond Block Historic District, a W alter J. H ickel, level of about 50 percent to 35 per block bounded on the northeast by West Secretary of the Interior. cent of the total U.S. shipbuilding Eighth Street, on the southeast by Guada April 21, 1970. expense. Series construction of highly lupe Street, on the southwest by West productive ships, designed for ease of Seventh Street, and on the northwest by [F.R. Doc. 70-5420; Filed, May 4, 1970; San Antonio Street; also the west side of 8:45 a.m.] construction, will make a substantial San Antonio Street between-West Seventh contribution toward meeting this goal. and West Eighth Streets and the south In an effort to advance this ship con side of West Seventh Street from No. 315 LAYTON E. KINCANNON struction program, the Maritime Admin to No. 610 Guadalupe Street. istration contracted with Newport News WASHINGTON Statement of Changes in Financial Shipbuilding and Dry Dock Co. and Bath Interests Industries to develop, in cooperation with Whatcom County the ship operating industries, a foreign Bellingham, Whatcom Museum of History In accordance with the requirements trade forecast for the United States in and Art. 121 Prospect Street. of section 710(b) (6) of the Defense Pro the 1970’s and to develop preliminary duction Act of 1950, as amended, and WYOMING designs for standard ships that will meet Executive Order 10647 of November 28, this trade demand in the most economi Platte County 1955, the following changes have taken cal manner. Guernsey vicinity, Register Cliff, NW'/^NW1^ place in my financial interests during the The Maritime Administration will sec. 7, T. 26 N., R. 65 W. past 6 months: present to the Maritime Industry the Sweetwater County (1) Director—American Fletcher National results of these contracts at a forum on Bank and Trust Co., Indianapolis, Ind. “Merchant Ships for the Seventies.” Rock Springs vicinity, Point of Rocks Stage (2) Purchases—Common Stock: American This presentation will take place on Station, SW%SW% sec. 27, R. 101 W., T. Fletcher National Bank and Trust Co, 20 N. Sales: Central Telephone and Utilities; May 21, 1970, in the Grand Ballroom of Ford Motor Co. the Biltmore Hotel in New York City, Ernest Allen Connally, (3) None. between the hours of 9 to 11:30 a.m. The Chief, Office of Archeology (4) None. contractors will present an oral briefing and Historic Preservation. of their findings and their standard ship [F.R. Doc, 70-5434; Filed, May 4, 1970; This statement is made as of April 8, design concepts. This presentation will 8:46 a.m.] 1970. be supplemented by written material and Dated: April 21,1970. sketches describing the designs and will include estimated ship cost data. In Office of the Secretary L. E. K incannon. addition, a technical session will be held [F.R. Doc. 70-5421; Filed, May 4, 1970; in the same place beginning at 2:15 p.m. DIRECTOR, BUREAU OF 8:45 a.m.] Persons or firms interested in partici COMMERCIAL FISHERIES pating in the briefing and technical Delegation of Authority session are invited to attend. Reserva WILLIAM R. REMALIA tions for attending the conference should The following material is a revision of Statement of Changes in Financial be made by calling the Maritime Admin the delegation of authority to the 'Direc istration’s Eastern Region Office, Area tor, Bureau of Commercial Fisheries, ap Interests Code 212-264-1303. pearing in the Departmental Manual. In accordance with the requirements Additional information with respect The numbering system is that of the of section 710(b) (6) of the Defense Pro to the standard designs, including full Manual. This material supersedes the duction Act of 1950, as amended, and preliminary design data, will be. avail delegation published in 31 F.R. 11685. Executive Order 10647 of November 28, able in early June upon request when Part 241—B ureau of Commercial 1955, the following changes have taken accompanied by a $1,000 deposit for each F isheries place in my financial interests during preliminary design. This deposit will be the past 6 months:. refunded upon the return of the data CHAPTER 1— GENERAL PROGRAM DELEGATION (1) None. within 6 months. Such request should 241.1.1 Delegation. The Director, Bu (2) None. be made to the Secretary, Maritime reau of Commercial Fisheries, may, ex (3) None. Administration, Washington, D.C. 20235. cept as provided in 241 DM 1.2 exercise (4) None. To assist in formulating a shipbuild the authority of the Secretary of the In This statement is made as of April 26, ing program for the 1970’s, and on the terior with respect to any matter relating 1970. basis of material presented at the Bilt to commercial fisheries, whales, seals, and more Hotel on May 21, 1970, interested sea lions, and other activities of the Dated: April 20, 1970. ship operators are requested to provide Bureau. W illiam R. R emalia. the Maritime Administrator with re 241.1.2 Limitations. The authority sponses to the following questions by [F.R. Doc. 70-5422; Filed, May 4, 1970; June 30, 1970; it being understood that granted in 241 DM 1.1. does not include: 8:45 a.m.] A. Authority which the Secretary may the responses are preliminary in nature and will not obligate the operator. not redelegate as set forth in 200 DM 1.4. (These responses should reflect the oper B. Authority to issue amendments of ators’ needs during the 1970’s.) or additions to the Code of Federal Regu DEPARTMENT OF COMMERCE 1. Which design or designs do you lations except as provided in 241 DM 3. Maritime Administration prefer? C. Authority delegated on a functional 2. How many ships of each design will basis in 205 DM. PROJECTED STANDARD SHIP DESIGN you need? Give preferred delivery re 241.1.3 Redelegation. This authority quirements. (Assume first ship in pro may be redelegated in writing to sub Notice of Presentation gram will be delivered in late 1973.) ordinates except: The President announced a new Mer 3. The number and type of ships A. No authority to perform or exercise chant Marine Program on October 23, proposed to be replaced by the new any defense function or power relating 1969. An important part of this program construction. FEDERAL REGISTER, VOl. 35, NO. 87— TUESDAY, MAY 5, 1970 No. 87- 7088 NOTICES 4. On what trade routes or in what February 14, 1969 (34 F.R. 2212). The 16 milligrams of aluminum hydroxide gel, trade areas will these ships be used? drug products named were Myotal and 4 milligrams of pectin, 33 milligrams of 5. What special trade features, i.e., Thesant. sodium chloride, 33 milligrams of potas reefer, heavy lift gear, must be incor Norden Laboratories, Inc., 601 West sium chloride (not official), 8 milligrams porated in the standard ship to meet Oak, Lincoln, Nebr. 68501, holder of new of calcium lactate (food grade), 8 milli your requirements? animal drug application No. S-389V for grams of magnesium citrate soluble, and 6. What is your experience in the the drug Thesant, and Warren-Teed 83 milligrams of carob flour. shipping business? Pharmaceuticals, Inc., 582 West Goodale 2. Neo-Plus Tabsules (modified); each 7. The method of financing envisaged. Street, Columbus, Ohio 43215, holder of tabsule contains 120 milligrams of neo Do you anticipate use of title XI mort new animal drug application No. 8-203V mycin base (as sulfate), 1 milligram of gage insurance? for the drug Myotal, have advised that atropine methlynitrate, 648 milligrams of 8. Will ship that you wish to have built they do not wish to avail themselves of phthalylsulfacetamide, 648 milligrams of require payment of a construction sub the opportunity for a hearing. No other sulfaguanidine, 648 milligrams of sul sidy to the shipyard? response to the notice of opportunity for fathiazole, 100 milligrams of aluminum 9. Will you require operating-differ a hearing was received. hydroxide gel, 25 milligrams of pectin, ential subsidy? If so, approximately how Abbott Laboratories, North Chicago, 200 milligrams of sodium chloride, 200 much per year per ship? 111. 60064, holds new animal drug ap milligrams of potassium chloride, 50 The Maritime Administration will de plication No. 8-813V for the drug milligrams of magnesium citrate, and 500 termine the standard designs that will be product Nembusen which contains 60 milligrams of carob flour. used in the 1971 Shipbuilding Program milligrams of pentobarbital sodium and 3. Neo-Plus Toytabs (Modified) with based upon the industry response to the 60 milligrams of mephenesin per milli Triple Sulfas; each toy tab contains 5 preceding questions. Bidding plans and liter and which is recommended for milligrams of neomycin base (as sul specifications will then be developed at conditions of use similar to those rec fate) , 40 micrograms of atropine methyl- Government expense for the selected ommended for the above cited drugs. nitrate, 27 milligrams of phthalylsulfa designs to be made available to in Since Abbott Laboratories did not fur cetamide, 27 milligrams of sulfathiazole, terested firms for their use in developing nish data for review by the Academy 4 milligrams of aluminum hydroxide gel, a firm commitment to participate in the as requested in the notice published 1 milligram of pectin, 8.3 milligrams of program. in the Federal Register of July 9, sodium chloride, 8.3 milligrams of potas Additional details with respect to the 1966 (31 F.R. 9426), the findings of the sium chloride (not official), 2 milligrams procedure to be used for the selection of Academy and of the Administration with of calcium lactate (food grade), 2 milli ship owners to participate in the pro regard to veterinary muscle relaxants grams of magnesium citrate (soluble), gram, foreign cost determination and containing pentobarbital sodium and and 21 milligrams of carob flour. procedures for awarding ship construc mephenesin apply equally to the drug The Academy concludes that: (1) tion contracts, will be contained in fu Nembusen as do the February 14, 1969, These products are probably not effec ture notices published in the F ederal and June 7, 1969, Federal Register no tive for treatment of diarrheas in young R egister. tices concerning such drugs to which Ab farm animals, dogs, and cats; (2) each Dated: May 1,1970. bott Laboratories failed to respond. disease claim should be properly , quali Based on the grounds set forth in the fied as “appropriate for use in (name of By order of the Maritime Admin notice of opportunity for hearing the disease) caused by pathogens sensitive istrator. Commissioner of Food and Drugs con to (name of drug),” and if the disease J ohn M. O’Connell, cludes that approval of new animal drug cannot be so qualified, the claim must be Assistant Secretary. applications No. 8-203V, 8-389V and 8- dropped; (3) this preparation does not [F.R. Doc. 70-5506; Filed, May 4, 1970; 813V, should be withdrawn. Therefore, satisfy the condition that each active in 8:49 a.m.] pursuant to the provisions of the Fed gredient in a preparation containing eral Food, Drug and Cosmetic Act (sec. more than one drug must be effective or 512(e), 82 Stat. 345-47 21 U.S.C. 360b(e)) contribute to the effectiveness of the and under ~ authority delegated to the preparation to warrant acceptance as a DEPARTMENT OF HEALTH, Commissioner (21 CFR 2.120), approval therapeutic ingredient; (4) dosage of said applications including all amend should be expressed on a unit-weight ments and supplements thereto, is hereby basis; and (5) the manufacturer of these EDUCATION, AND WELFARE withdrawn effective on the date of signa tablets must provide evidence that they Food and Drug Administration ture of this document. disintegrate in the gastrointestinal tract [Docket No. FDC-D-129; NADA Dated: April 23,1970. of the medicated species to produce the No. 8-813V, etc.] desired therapeutic effect. Charles C. Edwards, ABBOTT LABORATORIES, ET AL. The Food and Drug Administration Commissioner of Food and Drugs. concurs with the above conclusions of Pentobarbital Sodium and Mephene- [F.R. Doc. 70-5444; Filed, May 4, 1970; the Academy. sin Products; Notice of Withdrawal 8:47 a.m.] This evaluation is concerned only of Approval of New Animal Drug with these drugs’ effectiveness and Applications safety to the animal to which adminis NEOMYCIN-SULFONAMIDE TABLETS tered. It does not take into account the A notice of opportunity for a hearing Drugs for Veterinary Use; Drug safety for food use of food derived from was published in the F ederal R egister drug-treated animals. Nothing in this of June 7, 1969 (34 F.R. 9096) on the Efficacy Study Implementation announcement will constitute a bar to matter of withdrawal of approval of new The Food and Drug Administration further proceedings with respect to ques animal drug applications covering drugs has evaluated a report received from the tions of safety of the drugs or their which contain pentobarbital sodium and National Academy of Sciences-National metabolites as residues in food products mephenesin and which are recommended Research Council, Drug Efficacy Study derived from treated animals. for use as muscle relaxants in anim als. Group, on the following preparations by This announcement is published (1) to Said notice followed publication of an Haver Lockhart Laboratories, Post Office inform manufacturers of the drugs of announcement of the findings of the Box 676, Kansas City, Mo. 64141: the findings of the Academy and of the Food and Drug Administration and the 1. Neo-Plus Tablets (Modified) withFood and Drug Administration and (2) National Academy of Sciences—National Triple Sulfas; each tablet contains 20 to inform all interested persons that Research Council, Drug Efficacy Study milligrams of neomycin base (as sulfate), such articles to be marketed must be the Group, following evaluation of reports 160 micrograms of atropine methylni- subject of approved new-drug applica received from the Academy by the Ad trate, 108 milligrams of phthalylsulfa- tions and comply with all other require ministration, which announcement was cetamide, 108 milligrams of sulfaguani- ments of the Federal Food, Drug, and published in the F ederal R egister of dine, 108 milligrams of sulfathiazole, Cosmetic Act. FEDERAL REGISTER, VOL 35, NO. 87— TUESDAY, MAY 5, 1970 NOTICES 7089 Manufacturers of the drugs are pro proved feed efficiency under appropriate Holders of new animal drug applica vided 6 months from the publication conditions. tions are provided 6 months from the hereof in the F ederal R egister to sub The Academy concluded that: publication hereof in the F ederal R eg mit adequate documentation in support 1. Labels and package inserts require ister to submit adequate documentation of the labeling used. extensive revision. There is inadequate in support of the labeling used. Written comments regarding this an documentation of claims, excessive Written comments regarding this an nouncement, including requests for an claims are made and bold conclusions nouncement, including requests for an informal conference, may be addressed are reached in the absence of sufficient informal conference, may be addressed to the Bureau of Veterinary Medicine, controlled experimental evidence. to the Bureau of Veterinary Medicine, Food and Drug Administration, 200 C 2. Claims for growth promotion or Food and Drug Administration, 5600 Street SW., Washington, D.C. 20204. stimulation are not allowed and claims Fishers Lane, Rockville, Md. 20852. The manufacturer of the subject for faster gains and/or feed efficiency The holder of the applications for the drugs has been mailed a copy of the should be stated as “may result in faster subject drugs has been mailed a copy of NAS-NRC report. Any manufacturer, gains and/or improved feed efficiency the NAS-NRC report. Any manufacturer, packer, or distributor of a drug of simi under appropriate conditions." packer, or distributor of a drug of simi lar composition and labeling to these 3. Each disease claim should be prop lar composition and labeling to these drugs or any other interested person may erly qualified as “appropriate for use in drugs or any other interested person may also obtain a copy by writing to the Food (name of disease) caused by pathogens also obtain a copy by writing to the Food and Drug Administration, Press Rela sensitive to (name of drug)” and if the and Drug Administration, Press Rela tions Office, 200 C Street SW., Washing disease cannot be so qualified the claim tions Office, 5600 Fishers Lane, Rockville, ton, D.C. 20204. must be dropped. Md. 20852. This notice is issued pursuant to the 4. The label claims “for prevention of” This notice is issued pursuant to the provisions of the Federal Food, Drug, or, “to prevent” should be replaced with provisions of the Federal Food, Drug, and Cosmetic Act (secs. 502, 505, 52 Stat. “as an aid in the control of” or, “to aid and Cosmetic Act (secs. 502, 512, 52 Stat. 1050-53, as amended; 21 U.S.C. 352, 355) in the control of.” 1050-51, 82 Stat. 343-51; 21 U.S.C. 352, and under authority delegated to the 5. The label claim pertaining to egg 360b) and under authority delegated to Commissioner of Food and Drugs (21 production and hatchability should be the Commissioner of Food and Drugs (21 CFR 2.120). modified to read, “May aid in maintain CFR 2.120). ing egg production and hatchability, Dated: April 22, 1970. under appropriate conditions, by con Dated: April 21, 1970. S am D. F ine, trolling pathogenic organisms.” S am D. F in e, Acting Associate Commissioner 6. The labels should carry a warning Acting Associate Commissioner for Compliance. that treated animals under the condi for Compliance. [F.R. Doc. 70-5445; Filed, May 4, 1970; tions that prevail must actually consume [F.R. Doc. 70-5446; Filed, May 4, 1970; 8:47 am .] sufficient medicated water, or medicated 8:47 a.m.] feed, to constitute a therapeutic dose. As a precaution, the labels should state [DESI8622V] what the desired oral dose is in terms of McLa u g h l in g o r m l e y k in g c o . OXYTETRACYCLINE animal weight per day for each species to serve as a guide to effective use of the Notice of Filing of Petition for Food Drugs for Veterinary Use; Drug preparations in drinking water or feed. Additives Efficacy Study Implementation 7. The labels should declare the dos Pursuant to provisions of the Federal age for the treatment of individual ani Food, Drug, and Cosmetic Act (sec. 409 The Food and Drug Administration mals in terms of the amount of drug has evaluated reports received from the (b)(5), 72 Stat. 1786; 21 U.S.C. 348(b) which should be given per unit of animal (5) ), notice is given that a petition (FAP National Academy of Sciences-National weight. Research Council, Drug Efficacy Study OH2530) has been filed by McLaughlin The Food and Drug Administration Gormley King Co., 1715 Southeast Fifth Group, on the following preparations concurs in the Academy’s evaluation and marketed by Chas. Pfizer & Co., Inc., 235 Street, Minneapolis, Minn. 55414, pro East 42d Street, New York, N.Y. 10017: in addition concludes that: posing the issuance of a food additive 1. Terramycin Animal Formula Solu 1. The claims for hexamitiasis should regulation (21 CFR Part 121) to provide ble Powder containing 25 grams of Oxy be included under the susceptible host. for the safe use of combinations of tetracycline hydrochloride per pound. 2. Appropriate claims regarding fas piperonyl butoxide and pyrethrins as 2. Terramycin TM-5 Premix contain ter weight gains and improved feed effi components of multi wall cellophane- ing Oxytetracycline quaternary salt ciency should be stated as “For increased polyethylene bags to be used only for equivalent in activity to 5 grams of rate of weight gain and improved feed dried fruits. Oxytetracycline hydrochloride per pound efficiency for (under appropriate condi Dated: April 27, 1970. of premix. tions of use).” 3. Terramycin TM-10 Premix contain This evaluation is concerned with R. E. D uggan, ing Oxytetracycline quaternary salt these drugs’ effectiveness and safety to Acting Associate Commissioner equivalent in activity to 10 grams of Oxy the' animal to which administered. It for Compliance. tetracycline hydrochloride per pound of does not take into account the safety for [F.R. Doc. 70-5440; Filed, May 4, 1970; premix. food use of food derived from drug- 8:46 a.m.] The Academy evaluated Terramycin treated animals. Nothing in the an Animal Formula Soluble Powder as effec nouncement will constitute a bar to tive for use in the treatment of hexami- further proceedings with respect to ques NOLVAPENT tiasis They evaluated the product as tions of safety of these drugs or their Drugs for Veterinary Use; Drug probably effective when used for the con metabolites as residues in food products trol and treatment of specific diseases of derived from treated animals. Efficacy Study Implementation livestock and poultry and concluded that This announcement is published (1) to The Food and Drug Administration use may result in faster gains and im inform the holders of new animal drug has evaluated a report received from the proved feed efficiency under appropriate applications of the findings of the Acad National Academy of Sciences-National conditions. The Academy evaluated the emy and of the Food and Drug Admin Research Council, Drug Efficacy Study subject premixes as probably effective istration and (2) to inform all interested Group, on the following preparation: when used for the control and treatment persons that such articles to be marketed Nolvapent, Anesthetic Eye and Ear Oint of specific diseases of livestock (swine, must be the subject of approved new ment; each y2 ounce contains 100 milli cattle, sheep, rabbits, and mink) and animal drug applications and otherwise grams of chlorhexidine hydrochloride, 5 Poultry (broiler chickens, laying chick- comply with all other requirements of milligrams of hydrocortisone acetate, 150 ens, and turkeys), and concluded that the Federal Food, Drug, and Cosmetic milligrams of phenacaine hydrochloride, use may result in faster gains and im Act. 100,000 units of procaine penicillin G, 50 FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7090 NOTICES milligrams of neomycin (as sulfate), 250 Office of the Secretary clear Generating Plant (Unit 1) ” is being milligrams of dihydrostreptomycin (as placed in the following locations where sulfate), 750 milligrams of sulfisoxazole, FEDERALLY IMPACTED AREAS it will be available for inspection by and 5 milligrams of cobalt sulfate; by Emergency Payments members of the public: the Commission’s Fort Dodge Laboratories Inc., Fort Public Document Room, 1717 H Street Dodge, Iowa 50501. Applications for emergency payments NW„ Washington, D.C.; the Office of the The Academy concludes that this prep under section 2 of Public Law 91-237, ap Clerk, Wright County Courthouse, Buf aration is probably not effective for proved May 1, 1970, may be submitted to falo, Minn.; and the Environmental treatment of bacterial infections of the the Division of School Assistance in Fed Resources Center, 1222 Fourth Street eye and ear; there is no justification for erally Affected Areas, U.S. Office of Edu SW., Minneapolis, Minn. Single copies of such a complex formulation; phenacaine cation, 400 Maryland Avenue SW., Wash the statement may be obtained by writ hydrochloride should be removed from ington, D.C. 20202, until May 20, 1970. To ing to the Director, Division of Reactor the drug; topically applied dihydrostrep be eligible for such a payment, an appli Licensing, U.S. Atomic Energy Commis tomycin does not penetrate the intact cant must be entitled to payments under sion, Washington, D.C. 20545. cornea sufficiently well to be of thera section 3(a) of Public Law 81-874 for peutic value; and evidence is not pro children living on federally owned prop Dated at Washington, D.C., this 29th vided to substantiate the claim as an erty in a number amounting to at least day of April 1970. anti-inflammatory, antibacterial, and 25 percent of its school enrollment. In no For the Atomic Energy Commission. antimycotic agent. Also, labeling should event will emergency payments, divided point out the additional warnings: (1) by the number of children counted under W. B. M cCool, All topical ophthalmic preparations con section 3(a) of Public Law 81-874, ex Secretary. taining corticosteroids with or without ceed the applicant’s average per pupil [F.R. Doc. 70-5431; Filed, May 4, 1970; an antimicrobial agent are contraindi expenditure for current operating 8:46 am.]' cated in the initial treatment of corneal expenses for free public education ulcers—they should not be used until the for all children, excluding expendi [Dockets Nos. 50-327 and 50-328] infection is well under control and cor tures from Public Law 81-874, neal regeneration is well under way; and shared revenue, and other Federal pay TENNESSEE VALLEY AUTHORITY (2) there is a possibility of sensitivity ments and State payments to or on be to penicillin both in the patient and the half of the applicant. The application Notice of Availability of Statement on person applying it. should include data in that regard. Emer Environmental Considerations The Food and Drug Administration gency payments to an applicant will not Pursuant to the National Environ concurs with the above conclusions of exceed the difference between the appli mental Policy Act of 1969 and to the the Academy. cant’s full entitlement under section 3(a) Atomic Energy Commission’s regulations This announcement is published (1) and such entitlement as pro rata reduced in 10 CFR Part 50, notice is hereby given to inform the holders of antibiotic drug in the light of actual appropriations for that a document entitled “Statement on applications for the drug of the findings Public Law 81-874. Emergency payments the Environmental Considerations In of the Academy and of the Food and will be made to an applicant only if the volved in the Proposed Construction and Drug Administration and (2) to inform pro rata reduction in the total payments Operation by the Tennessee Valley Au all interested persons that such articles to it computed under section 3(a) of thority of the Sequoyah Nuclear Plant to be marketed must be the subject of Public Law 81-874 amounts to at least Units 1 and 2” is being placed in the approved antibiotic drug applications 5 percent of its total current operating Commission’s Public Document Room, and comply with all other requirements expenditures for free public education, 1717 H Street NW., Washington, D.C., of the Federal Food, Drug, and Cosmetic except where at least 25 percent of its where it will be available for inspection Act. pupils reside on federally owned property by members of the public. Single copies Holders" of the antibiotic drug appli outside the geographical limits of the of the statement may be obtained by cations for the subject drug are provided applicant’s district or, in the determina writing to the Director, Division of Re 6 months from the publication hereof in tion of the Secretary, would be outside actor Licensing, U.S. Atomic Energy the F ederal R egister to submit adequate that district if it were not federally Commission, Washington, D.C. 20545. documentation in support of the labeling owned property. Each application must used. demonstrate a fiscal effort by the appli Dated at Washington, D.C., this 29th Written comments regarding this an cant commensurate with its fiscal capac day of April 1970. nouncement, including requests for an ity, and, in no event, will a payment be For the Atomic Energy Commission. informal conference, may be addressed made if the entitlement for emergency to the Bureau of Veterinary Medicine, payments is less than $100,000. W. B. M cCool, Secretary. Food and Drug Administration, 200 C Dated: May 1,1970. Street SW., Washington, D.C. 20204. [F.R. Doc. 70-5432; Filed, May 4, 1970; R obert H. F inch, 8:46 a.m.] The holder of the antibiotic drug ap Secretary of Health, plication for the subject drug has been Education, and Welfare. mailed a copy of the NAS-NRC report. [Docket No. 50-22] Any manufacturer, packer, or distributor [F.R. Doc. 70-5502; Filed, May 4, 1970; of a drug of similar composition and 10:39 a.m.] WESTINGHOUSE ELECTRIC CORP. labeling to it or any other interested person may also obtain a copy by writ Notice of Issuance of Facility License ing to the Food and Drug Administra The Atomic Energy Commission has tion, Press Relations Office, 200 C Street ATOMIC ENERGY COMMISSION issued, effective as of the date of issu SW., Washington, D.C. 20204. [Docket No. 50-263] ance, Amendment No. 3 to Facility This notice is issued pursuant to the License No. TR-2. The amendment re provisions of the Federal Food, Drug, NORTHERN STATES POWER CO. moves from the conditions and require and Cosmetic Act (secs. 502, 507, 52 Stat. Notice of Availability of Statement on ments of this license the Truck Lock 1050-51, as amended, 59 Stat. 463, as Building which is external to the reactor amended; 21 U.S.C. 352, 357) and under Environmental Considerations containment building of the deactivated authority delegated to the Commissioner Pursuant to the National Environmen Westinghouse Testing Reactor (WTR) of Food and Drugs (21 CFR 2.120). tal Policy Act of 1969 and to the Atomic located near Waltz Mill in Wëstmore- Dated: April 22,1970. Energy Commission’s regulations in 10 land County, Pa. CFR Part 50, notice is hereby given that By application dated February 18, Charles C. Edwards, a document entitled “Statement on En 1970, the Westinghouse Electric Corp. Commissioner of Food and Drugs. vironmental Considerations Relating to (WEC) requested an amendment to [F.R. Doc. 70-5441; Filed, May 4, 1970; Proposed Operation by Northern States Facility License No. TR-2 to remove the 8:46 a.m.] Power Company of the Monticello Nu Truck Lock Building from the defined FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 NOTICES 7091 WTR facility. Additional information 1970, at 10 a.m., e.d.s.t., in Room 911, time.3 ASTA believes that the exclusivity was submitted by letter dated April 3, Universal Building, 1825 Connecticut features of the original agreement have 1970. The Truck Lock Building removed Avenue NW., Washington, D.C., before been eliminated by the amendment; that from the conditions and requirements Examiner William F. Cusick. the functional requirements and guaran of Facility License No. TR-2 will remain Requests for information, evidence, tees are necessary to provide a common under the control of WEC, and be suggested issues, procedural dates, and system that can serve all carriers and utilized for nonreactor related activities motions shall be filed with the Examiner travel agents; that the Board has juris that are subject to AEC materials and copies served on parties of record on diction over the agreement including its licenses. or before May 18,1970. various exhibits and that the agreement The Commission has found that the should be approved without further application for the amendment complies Dated at Washington, D.C., April 29, delay. ATARCSI contends that the basis with the requirements of .the Atomic 1970. for antitrust objections has been elimi Energy Act of 1954, as amended (“the [seal] T homas L. W renn, nated by the amendment and that to dis Act”), and the Commission’s regulations Chief Examiner. approve or delay implementation of the published in 10 CFR Chapter I. The [F.R. Doc. 70-5467; Filed, May 4, 1970; agreement would be wholly inconsistent Commission has made the findings re 8:48 a.m.] with the public interest. quired by the Act and the Commission’s Opponents of the agreement insist regulations which are set forth in the that the amendment of paragraph 12 amendment, and has concluded that the [Docket No. 20929; Order 70-4-148] does not remove the antitrust objections issuance of the amendment will not be expressed in previous comments submit inimical to the common defense and ALASKA AIRLINES, INC. ET AL. ted to the Board/ They maintain that security or to the health and safety of Order Setting Matter for Oral the effect of the amendment is to require prior approval by the ATC monitor of the public. Argument Within 30 days from the date any system desiring to compete with of publication of the notice in the F ed Adopted by the Civil Aeronautics Board ATARS and that such competition could e r a l R egister, the applicant may file a at its office in Washington, D.C., on the be frustrated by such a requirement and . request for a hearing and' any person 29th day of April 1970. the arbitration provisions of the amend whose interest may be affected by this Agreements between Alaska Airlines, ment. A further question has been raised proceeding may file a petition for leave Inc., Continental Air Lines, Inc., et al. concerning the Board’s jurisdiction over to intervene. Requests for a hearing and relating to a common automated reserva agreements involving third parties which petitions to intervene shall be filed in tions system, Docket No. 20929, Agree are not carriers within the meaning of accordance with the Commission’s rules ment CAB 20953 and 20953-A1. section 412 of the Act or, in the event of practice in 10 CFR Part 2. If a request By Order 70-1-39 served January 9, the agreement is approved, whether the for a hearing or a petition for leave to 1970, the Board deferred action on Agree antitrust immunity provided by section intervene is filed within the time pre ment CAB 20953-A1 and afforded inter 414 is extended to such third parties. scribed in this notice, the Commission ested persons an oportunity to file com In ultimate terms, we feel that the will issue a notice of hearing or an appro ments and rebuttal comments on an question to be resolved is whether the priate order. amendment thereto.1 The principal pur agreement, as interpreted by the ATC For further details with respect to this pose of the amendment according to the members,5 does in fact permit reason amendment, see (1) the licensee’s ap parties was to modify paragraph 12 of able competition between ATARS and plication dated February 18, 1970, (2) the agreement between the Air Traffic other systems which meet or exceed the supplement dated April 3, 1970, and (3) Conference (ATC), and Atar Computer functional requirements and guarantees the amendment to facility license, which Systems, Inc. (ATARCSI), so as to delete specified in the agreement. are available for public inspection at the the exclusivity requirements which It would seem important at this time Commission’s Public Document Room at would have prevented vendors of other to have a common understanding of what 1717 H Street NW, Washington, D.C. automated reservations systems from the ATC carriers mean by a common Copies of the amendment may be ob entering into similar arrangements. In system. Prior to the amendment, the tained upon request addressed to the addition, the amendment included a list concept embraced ATARS only. The Atomic Energy Commission, Washington, of functional requirements which a com common system now appears to contem D.C. 20545, Attention: Director, Division peting vendor would be required to meet plate a group of systems operated by un of Reactor Licensing. or exceed to participate in the common related vendors, each of which receives system. The full text of the amend and stores the schedule availability in Dated at Bethesda, Md., this 22d day formation of all ATC members and of April 1970. ment was attached as an appendix to Order 70-1-39. which furnishes sell and cancel, and For the Atomic Energy Commission. related responses to subscribers through Comments supporting approval of the remote terminal facilities. P eter A. Morris, agreement generally emphasized the im mediate need for and important benefits We believe that the issues raised by the Director, agreement, as amended, can best be clari Division of Reactor Licensing. of automated reservations systems.2 The members of ATC maintain that the fied with the aid of discussion at oral [F.R. Doc. 70-5417; Filed, May 4, 1970; amendment of paragraph 12 of the ATC- argument before the Board. 8:45 a.m.] ATARCSI agreement removes any color Accordingly, it is ordered, That: of antitrust violation; that there is no 1. CAB Agreement 20953, as amended, requirement for prior approval of a com be set for oral argument before the Board peting system by the ATC monitor and on May 13, 1970 at 10 a.m., e.d.t., in CIVIL AERONAUTICS BOARD that any vendor which determines that [Docket No. 22123] its system meets or exceeds the functional 3 ATC filed only rebuttal comments and UNIVERSAL AIRLINES CO. ET AL. requirements and is willing to provide the these views were thus not known to other same guarantees as ATARCSI, is free to parties at the time they filed their rebuttal Notice of Prehearing Conference market its system to the carriers at any comments. * Such comments were filed by American Universal Airlines Co., Universal Air Express Co., Association of Retail Travel lines, Inc., First Grant Corp., and Amer 1 The original agreement (CAB 20953 ) was Agents, U.S. Dept, of Justice, Reservations ican Flyers Airline Corp. filed on Apr. 21, 1969. By Order 69-7-74, World, Inc., and Telemax Division of Welling July 15, 1969, the Board invited interested ton Computer Systems, Inc. Application for approval of acquisition persons to file comments. The Board sub B “Participation in the common system is of control, transfer of certificates and sequently deferred action to permit the par open to any vendor which substantially com related matters. ties to consider alternatives. plies with the reasonable and necessary mini Notice is hereby given that a prehear 2 Such comments were filed by ATC, Ameri mum standards established for the system ing conference in the above-entitled can Society of Travel Agents (ASTA) and * * *” (carriers’ rebuttal comments, pp. matter is assigned to be held on May 26, ATARCSI. 1- 2). FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7092 NOTICES Room 1027, Universal Building, 1825 bean). The protestants state that the shipper and consignee. Inasmuch as not Connecticut Avenue NW., Washington, proposed rates will undercut the con all shippers and consignees have dock D.C.; and tainer rates recently approved by the and terminal capabilities sufficient to ac 2. All parties of record in this proceed Board,® and that the domestic agreement commodate containers, we can see some ing who desire to participate in such oral CAB 21225 on incentive discounts for rationale for an off-airport container argument shall advise the Board in writ containers should serve as the pattern loading and/or unloading service by the ing of their intention to participate on or for the market, as opposed to the IATA carrier, the fee for which still results in before May 6, 1970. formula.6 In addition, Trans Caribbean some overall saving for the user. This order shall be published in the suggests several alternative incentive We recognize that the two foregoing F ederal R egister. formulas for the LD container whereby features of the proposed container serv By the Civil Aeronautics Board. it would merge with the "domestic” ice are consistent with the carriers’ in formula with less competitive advantage. ternational container program (IATA) [seal] H arry J. Zink, Upon consideration of all relevant mat previously approved by the Board, and Secretary. ters, and in consideration of the power consequently we will not disapprove them [F.R. Doc. 70-5468; Filed, May 4, 1970; the Board has reserved in Order E-23840 here. It should be noted, however, that 8:48 a.m.] dated June 21, 1966, in Docket 11278 to the Board will expect adequate justifica make changes in the minimum rate with tion should any carrier desire to extend out hearing, and of the fact that no hear these provisions beyond the specified [Docket No. 11278; Order 70-4-138] ing has been requested by any party, we expiry date. NEW YORK-SAN JUAN have determined to grant Pan Ameri Accordingly, pursuant to the Federal can’s petition. Aviation Act of 1958 and particularly Order Modifying Minimum Rate Aside from certain subsidiary prob sections 204(a) and 1002 thereof, Order lems, Pan American’s proposed container It is ordered, That: Adopted by the Civil Aeronautics rates are not unreasonable in relation 1. The petition of Pan American World to other container rates in the San Juan Airways, Inc., dated March 2, 1970, to Board at its office in Washington, D.C., market. A comparison of charges on vari modify the minimum rate orders in on the 28th day of April 1970. ous shipment weights from 900 to ap Docket 11278 is granted; By petition filed March 9, 1970, Pan proximately 8,000 pounds in all estab 2. Order E-23431 dated. March 28, American World Airways, Inc. (Pan lished domestic container units (types A, 1966, as amended by Orders E-23840 American), requested the Board to B, B-2, D, and LD, or multiples thereof), dated June 21, 1966, 69-4-32 dated modify until June 3, 1971, the outstand reveals that an LD container produces April 4, 1969, and 70-2-97 dated Febru ing minimum air freight rate order in the lowest charge beginning at 1,984 ary 24, 1970, is hereby further amended the New York-San Juan market1 to per pounds; that at 3,000 pounds the type A as follows: mit the introduction of container rates container charge is lower; that at 3,000 (a) The airport-to-airport transpor and related provisions for lower deck and 3,200 pounds both the type B-2 and tation of carrier-owned shipper-loaded/ (LD) containers for B-747 aircraft.2 D containers produce lower charges than consignee-unloaded Type LD containers Pan American proposes a minimum either the type A or LD; and that for of approximately 160 cubic feet capacity charge for the LD container of $200 shipments above 3,200 pounds, at which (designed for carriage in the lower cargo in both directions between New York and the LD container is lowest, the difference compartment of B-747 aircraft) may be San Juan, applicable up to and including is approximately only 5 percent. Lastly, performed, provided that: a net weight of 1,984 pounds, and above the competitive advantage of the LD (i) The minimum charge is $200 per such weight, excess poundage would be container, as expressed above, is limited LD container, applicable up to and in charged at the rate of 10 cents per to a payload-density range of from ap cluding 1,984 pounds (net weight), and pound.® Pan American would not charge proximately 12.4 to 16.3 pounds per cubic that all poundage in excess of 1,984 net any rental fee for its carrier-owned LD foot. Accordingly, we see no basis to limit pounds shall be charged at 10 cents per container; when the container is shipper- the carriers to the domestic container pound; owned, Pan American would refund $15. agreement in their Puerto Rican services. (ii) No charges shall be assessed for The shipper would load and the con The Board has reservations, however, the tare weight of such containers, nor signee would unload the container, sub as to the $15 refund on the shipper- shall a rental charge be assessed; ject to two exceptions: if unloading of owned LD container. Such units are un (iii) When an LD container is fur all or part of the container at destination derstood to be an integral component of nished by the shipper, the carrier may is performed by Pan American or on Pan the B-747 aircraft system, i.e., its design, refund $15; American’s premises, a charge of $75 manufacture, and specifications must be (iv) Unloading of an LD container would be assessed; if such unloading is fairly exact to insure aircraft loading and may be performed by the carrier, pro necessitated for Customs inspection and tiedown capability, which the petition viding a reasonable charge for such serv only a single clearance and delivery to does not specify, and the carrier has ice is assessed in addition to all other consignee is required, the charge would made no showing that the proposed re charges; be $30. fund is commensurate with the average (v) Detention charges shall be as A 48-hour free time period for loading shipper cost-per-trip for such unit. sessed of not less than $3.20 per 24-hour and unloading of carrier-owned con In addition, the Board is concerned period or fraction thereof for shipper/ tainers is provided, with a detention with the on-airport-premises unloading consignee detention time in excess of charge of $50 for each day or part of a service which is included in the petition. free loading/unloading time periods of day thereafter until the loaded or empty As we understand the thrust of the in not less than 36 horn's; and container is returned to the carrier/ dustry’s container programs, they are (b) Direct air carriers which elect to Answers in opposition to Pan Ameri intended to transfer the multdpiece- transport LD containers in accordance can’s petition and the proposed rates in shipment handling, loading, and unload with the above shall publish appropriate the San Juan market have been filed by ing functions from the carriers’ airport tariff provisions therefor bearing an ex Airlift International, Inc., and Trans premises to some off-airport site or satel piry date of not later than June 3, 1971, Caribbean Airways, Inc. (Trans Carrib- lite terminal, and preferably to the and shall report such container traffic to the Board on a monthly basis on C.A.B. . 1 Order 70-2-97 dated Feb. 24, 1970, and 8 Pursuant to Order 70-2-97, Trans Carib Form T-103, or in such other form as prior orders. bean filed its container tariff in the San Juan may be authorized. 2 The LD container has a cube of 160 cubic market effective Mar. 28, 1970. This order will be published in the feet and a maximum payload of 2,600 pounds. 6 The IATA container program is essentially F ederal R egister. 3 The proposed rates are approximately 67 a rate reduction of approximately 30 percent percent of the 2 ,000-pound general com at a minimum charge based on the cube of By the Civil Aeronautics Board. modity rate. the unit times a payload density of approxi ..[seal] H arry J. Zink, 4 Domestic detention charges for carrier- mately 14 pounds per cubic foot. See Order owned units are based on 2 cents per cubic 69-12-27 dated December 4, 1969, concerning Secretary. foot per day in excess of a 36-hour free time the domestic container program (Agreement [F.R. Doc. 70-5469; Filed, May 4, 1970; period. CAB 21225). 8:48 a.m.] FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 NOTICES 7093 the issues specified herein each applicant (b) To determine in light of the evi FEDERAL COMMUNICATIONS is otherwise qualified. dence adduced on the foregoing issues 2. In view of the foregoing, It is or which, if either, of the applications dered, That pursuant to the provisions of should be granted. COMMISSION section 309(e) of the Communications 3. It is further ordered, That to avail [Dockets Nos. 18839, 18840; PCC 70-423] Act of 1934, as amended, that the above- themselves of an opportunity to be heard captioned applications are hereby des Executive Aviation, Inc., and Hillcrest- EXECUTIVE AVIATION, INC., AND ignated for hearing in a consolidated Spokane Aviation Co., Inc., pursuant HILLCREST-SPOKANE A VIATIO N proceeding at a time and place to be spe to § 1.221(c) of the Commission’s rules, CO., INC. cified in a subsequent order on the fol in person or by attorney, shall within 20 lowing issues; days of the mailing of this order file with Order Designating Applications for (а) To determine which applicant the Commission, in triplicate, a written Consolidated Hearing on Stated would provide the public with better appearance stating an intention to ap Issues aeronautical advisory service based on pear on the date set for hearing and the following considerations: In regard applications of Executive (1) Location of the fixed-base opera present evidence on the issues specified in Aviation, Inc., Spokane, Wash., Docket this order. Failure to file a written ap No. 18839, Pile No. 17-A-L-99; Hillcrest- tion and proposed radio station in rela Spokane Aviation Co., Inc., Spokane, tion to the landing area and traffic pearance within-the time specified may Wash., Docket No. 18840, Pile No. 171- patterns; result in dismissal of the application with (2) Hours of operation; prejudice. A-L-99; for aeronautical advisory sta (3) Personnel available to provide ad tion to serve the Spokane International Adopted: April 22, 1970. Airport, Spokane, Wash. visory service; (4) Experience of applicant and em Released: April 29, 1970. 1. The Commission’s rules (§ 87.251 ployees in aviation and aviation (a)) provide that only one aeronautical communications ; F ederal Communications advisory station may be authorized to Commission,1 operate at a landing area. The above- (5) Ability to provide information per captioned applications both seek Com taining to primary and secondary com [ seal] B en F. W aple, mission authority to operate an aero munications as specified in § 87.257 of Secretary. nautical advisory station at the Spokane the Commission’s rules; [F.R. Doc. 70-5465; Filed, May 4, 1970; International Airport, Spokane, Wash., (б) Proposed radio system including 8:48 a.m.] and, therefore, are mutually exclusive. control and dispatch points; and Accordingly, it is necessary to designate (7) The availability of the radio fa 1 Commissioners H. Rex Lee and Wells the applications for hearing. Except for cilities to other fixed-base operators. absent. [Canadian List No. 268] CANADIAN LIST List of New Stations, Proposed Changes in Existing Stations, Deletions, and Corrections in Assignments April 10, 1970. List of new stations, proposed changes in existing stations, deletions, and corrections in assignments of Canadian standard broadcast stations modifying the assignments of Canadian broadcast stations contained in the appendix to the recommendations of the North American Regional Broadcasting Agreement Engineering Meeting January 30, 1941. Antenna Ground system Proposed date Call letters Location Power Kw Antenna Schedule Class height of commencement (feet) No. of Length of operation radiais (feet) 690 kHz CKRS (PO: 590 kHz, 1 Kw, Jonqulere, Quebec, 1 0 D /6 N ...... DA-S U H I , . 4-1-7L DA-1); N. 48°22'15", W. 71°10'20". 600 kHz (N ew )...... Tuktoyaktuk, Northwest 1...... ND-180 U III 273 120 410 4-1-7L Territory, N. 69°27'22", Top loaded W. 133°01'53". m o kHz (Newl_____ . 100 Mile House, British 0.25...... ND-180 UIV 150 120 318 4-1-7L Columbia, N. 61o40'll", W. 121°17'22". ISSO kHz CJMS (Change In daytime oper- Montreal, Quebec, 60...... , DA-2 U III , . 4-1-71. atlon—PO: 1280 kHz, 50 Kw, N. 45°19'31", W. 73°32'55"; DA-2); F ederal Communications Commission, [seal] W allace E. J ohnson, Assistant Chief, Broadcast Bureau. [F.R. Doc. 70-5466; Filed, May 4, 1970; 8:48 am .] FEDERAL REGISTER, VOL 35, NO. 87— TUESDAY, MAY 5, 1970 7094 NOTICES drawal from warehouse for consumption of of, and under the terms of, the Long- cotton textiles in Category 26 (other than Term Arrangement Regarding Inter INTERAGENCY TEXTILE duck) 1 produced or manufactured in the Czechoslovak Socialist Republic, in excess of national Trade in Cotton Textiles done ADMINISTRATIVE COMMITTEE the level of restraint for the period-of 1,050,- at Geneva on February 9, 1962, con 000 square yards. cluded a comprehensive bilateral cot CERTAIN COTTON TEXTILES AND Cotton textiles in Category 26 (other than ton textile agreement with the Govern COTTON TEXTILE PRODUCTS PRO duck) 1 produced or manufactured in the ment of Mexico concerning exports of Czechoslovak Socialist Republic and which DUCED OR MANUFACTURED IN cotton textiles and cotton textile prod have been exported prior to May 1,1969, shall, ucts from Mexico to the United States THE CZECHOSLOVAK SOCIALIST to the extent of any unfilled balance, be over a 4-year period beginning on REPUBLIC charged against the level of restraint estab lished for such goods during the period of May 1, 1967. Among the provisions of Entry or Withdrawal From May 1, 1969, through April 30, 1970. In the the agreement are those establishing an event that the level of restraint established aggregate limit, group limits, and Warehouse for Consumption for that period has been exhausted by pre specific limits for Categories 9, 10, 22, April 30, 1970. vious entries, such goods shall be subject to 23, 26, 27, 63, and 64, with sublimits on On August 29, 1969, the U.S. Govern the directives set forth in this letter. duck fabric (parts of Categories 26 and The level of restraint set forth above is ment, in furtherance of the objectives of, subject to adjustment pursuant to the provi 27), and on zipper tapes (part of Cate and under ;the terms of, the Long- sions of the bilateral agreement of August 29, gory 64), for the agreement year begin Term Arrangement Regarding Inter 1969, between the Governments of the United ning May 1,1970. national Trade in Cotton Textiles done States and the Czechoslovak Socialist Repub There is published below a letter of at Geneva on February 9, 1962, con lic which provide, in part, that within the April 27,1970, from the Chairman of the cluded a comprehensive bilateral cotton aggregate limit, the limitation on Category 26 President’s Cabinet Textile Advisory textile agreement with the Government (other than duck) 1 may be exceeded by not more than 5 percent; for the limited carry Committee to the Commissioner of of the Czechoslovak Socialist Republic over of shortfalls in certain categories to the Customs, directing that the amounts of concerning exports of cotton textiles and next agreement year and for administrative cotton textiles and cotton textile prod cotton textile products from the Czecho arrangements. Any appropriate adjustments ucts in Categories 1 through 64, pro slovak Socialist Republic to the United pursuant to the provisions of the bilateral duced or manufactured in Mexico, which States over a 2-year period beginning on agreement referred to above, will be made may be entered or withdrawn from ware May 1, 1969 and extending through to you by letter from the Chairman of house for consumption in the United April 30, 1971. Among the provisions of the Interagency Textile Administrative Committee. States for the 12-month period begin the agreement are those establishing an ning May 1,1970, and extending through aggregate limit for the 64 Categories and A detailed description of the categories in terms of T.S.U.S.A. numbers was published April 30, 1971, be limited to designated within the aggregate limit a specific limit in the F ederal Register on January 17, 1968 on Category 26 (other than duck). (33 F.R. 582), and amendments thereto on levels. This letter and the actions pur There is published below a letter of March 15, 1968 (33 F.R. 4600). suant thereto are not designed to im April 30, 1970, from the Chairman of In carrying out the above directions, entry plement all of the provisions of the bi the President’s Cabinet Textile Advisory into the United States for consumption shall lateral agreement, but are designed to Committee to the Commissioner of Cus be construed to include entry for consump tion into the Commonwealth of Puerto Rico. assist only in the implementation of toms, directing that the amounts of cot The actions taken with respect to the Gov certain of its provisions. ton textiles in Cateory 26 (other than ernment of the Czechoslovak Socialist Re duck) produced or manufactured in the public and with respect to imports of cotton S tanley N ehmer, Czechoslovak Socialist Republic which textiles and cotton textile products from the Chairman, Interagency Textile may be entered or withdrawn from ware Czechoslovak Socialist Republic have been Administrative Committee, house for consumption in the United determined by the President’s Cabinet Textile and Deputy Assistant Secre States for the 12-month period beginning Advisory Committee to involve foreign af tary for Resources. May 1, 1970, and extending through fairs functions of the United States. There fore, the directions to the Commissioner of Secretary of Commerce April 30, 1971, be limited to the desig Customs, being necessary to the implemen nated level. The letter published below tation of such actions, fall within the for president’s cabinet textile advisory and the actions pursuant thereto are not eign affairs exception to the notice provisions COMMITTEE designed to implement all of the provi of 5 U.S.C. 553 (Supp. IV, 1965-68). This let Commissioner of Customs, sions of the bilateral agreement, but are ter will be published in the F ederal Department of the Treasury, designed to assist only in the implemen Register. Washington, D.C. 20226. tation of certain of its provisions. Sincerely, A p r i l 2 7 ,1 9 7 0 . Rocco C. Siciliano, Dear Mr. Commissioner: Under the terms S tanley N ehmer, Acting Secretary of Commërce, of the Long-Term Arrangement Regarding Chairman, Interagency Textile Chairman, President’s Cabinet International Trade in Cotton Textiles done Administration Committee, Textile Advisory Committee. at Geneva on February 9, 1962, pursuant to and Deputy Assistant Secre [F.R. Doc. 70-5423; Filed, May 4, 1970; the bilateral cotton textile agreement of tary for Resources. 8:45 a.m.] June 2, 1967, between the Governments of Secretary of Commerce the United States and Mexico, and in ac cordance with Executive Order 11052 of president’s cabinet textile advisory CERTAIN COTTON TEXTILES AND September 28, 1962, as amended by Executive COMMITTEE Order 11214 of April 7, 1965, you are di COTTON TEXTILE PRODUCTS PRO and Commissioner of Customs, rected to prohibit, effective May 1, 1970, Department of the Treasury, DUCED OR MANUFACTURED IN for the 12 -month period extending through Washington, D.C. 20226 MEXICO April 30, 1971, entry into the United States for consumption and withdrawal from ware April 30, 1970. Entry or Withdrawal From house for consumption of cotton textiles Dear Mr. Commissioner: Under the terms and cotton textile products in Categories of the Long-Term Arrangement Regarding Warehouse for Consumption 1 through 64, produced or manufactured in International Trade in Cotton Textiles done April Mexico, in excess of the designated levels of at Geneva on February 9, 1962, pursuant to 29, 1970. restraint set forth below. the bilateral cotton textile agreement of On June 2, 1967, the U.S. Govern The combined level of restraint for Cate August 29, 1969, between the Governments ment, in furtherance of the objectives gories 1, 2, 3, and 4, shall be 1 3 ,035,866 of the United States and the Czechoslovak pounds. Of this amount not more th an Socialist Republic, and in accordance with 1The T.S.U.S.A. Nos. for duck fabric not 3,271,549 pounds shall be in Categories 3 Executive Order 11052 of September 28, 1962, covered by this directive are: and 4< as amended by Executive Order 11214 of 320. _01 through 04, 06, 08 The overall level of restraint for Categories April 7, 1965, you are directed to prohibit, 321. _01 through 04, 06, 08 5 through 27 shall be 24,310,125 square effective as soon as possible, and for the 12 - 322. _01 through 04, 06, 08 yards. month period beginning May 1, 1970, and 326— 01 through 04,06, 08 Within the overall level of restraint for extending through April 30, 1971, entry into 327— 01 through 04, 06, 08 Categories 5 through 27, the following specific the United States for consumption and with 328— 01 through 04, 06, 08 levels of restraint shall apply: FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 NOTICES 7095 12-month subject to adjustment pursuant to the pro hereby revoked and all rights, privileges, level of visions of the bilateral agreement of June 2, and franchises derived therefrom are Category restraint 1967, between the Governments of the United canceled. 9____ square yards------4,630,500 States and Mexico which provides in part that within the aggregate limit, the group Dated: April 20, 1970. 1 0 ....— d o ______- __ 2, 315, 250 limits for Group I and Group II may be 22 ____ do — — — — 4, 630, 500 A. H. S inger, 23 ___ d o ______3, 472, 875 exceeded by not more than 10 percent and the Group limit on Group III may be ex Associate Administrator 2g_____do1 ______- _- 6, 945, 750 for Investment. 27 ___ do1 ______,_____ — 2,315,250 ceeded by not more than 5 percent; within the aggregate and applicable group limits, [F.R. Doc. 70-5428; Filed, May 4, 1970; i Of the total amount for Categories 26 limits on certain categories may be exceeded 8:45 a.m.] and 27, not more than 5,209,313 square by not more than 5 percent; for the limited yards shall be in duels: fabric, T.S.U.S.A. carryover of shortfalls in certain categories Nos.: to the next agreement year; and for adminis [License No. 01/02-5265] 320. —01 through 04, 06, 08 trative arrangements. Any appropriate ad 321. _01 through 04, 06, 08 justments pursuant to the provisions of HARTFORD COMMUNITY CAPITAL 322. _01 through 04, 06,08 the bilateral agreement referred to above, will 326. _01 through 04, 06, 08 be made to you by letter from the Chairman CORP. 327. —01 through 04, 06,08 of the Interagency Textile Administrative Notice of Issuance of Small Business 328. —01 through 04,06, 08 Committee. Investment Company License Within the overall level of restraint for A detailed description of the categories in Categories 5 through 27, each category with terms of T.S.U.S.A. numbers was published On March 21, 1970, a notice was pub in the F ederal R egister on January 17, 1968 out a specific level of restraint is subject to (33 F JR. 582), and amendments thereto on lished in the Federal R egister (35 F.R. a consultation level of 578,813 square yards, March 15, 1968 (33 F.R. 4600). 4982) stating that Hartford Community pursuant to paragraph 7 of the bilateral Capital COrp., 777 Main Street, Hart agreement. If appropriate, future directions In carrying out the above directions, entry concerning these categories will be made into the United States for consumption shall ford, Conn. 06115, had filed an applica to you by letter from the Chairman of be construed to include entry for consump tion with the Small Business Adminis the Interagency Textile Administrative tion into the Commonwealth of Puerto Rico. tration (SBA), pursuant to § 107,102 of The actions taken with respect to the the regulations governing small business Committee. Government of Mexico and with respect to The overall level of restraint for Categories imports of cotton textiles and cotton textile investment companies (13 CFR Part 107, 28 through 64, shall be 2,546,775 square yards products from Mexico have been determined 33 F.R. 326), for a license to operate as equivalent. There was attached to the direc by the President’s Cabinet Textile Advisory a minority enterprise small business in tive of April 28, 1969, from the Chairman of vestment company (MESBIC). the President’s Cabinet Textile Advisory Committee to involve foreign affairs func Committee, concerning cotton textiles and tions of the United States. Therefore, the Interested parties were given to the cotton textile products from Mexico, a table directions to the Commissioner of Customs, close of business March 9, 1970, to sub of the rates of conversion into square yard being necessary to the implementation of mit written comments to SBA. No com equivalents of the aforesaid categories which such actions, fall within the foreign affairs ments were received. may be used in implementing this part of exception to the notice provisions of 5 U.S.C. this directive. 553 (Supp. IV, 1965-68). This letter will be Notice is hereby given that, having Within this overall level of restraint for published in the F ederal Register. considered the application and all other Categories 28 through 64, the following Sincerely, pertinent information, SBA has issued specific levels of restraint shall apply: Rocco C. Siciliano, License No. 01/02-5265 to Hartford Com munity Capital Corp., pursuant to sec 12-month Acting Secretary of Commerce, Chair level of man, President’s Cabinet Textile tion 301(c) of the Small Business Invest Category restraint Advisory Committee. ment Act of 1958, as amended. 63 ...... 127,339 pounds. [F.R. Doc. 70-5424; Filed, May 4, 1970; Dated: April 20,1970. 64------377,386 pounds (of which not 8:45 a.m.] more than 104,186 pounds A. H. S inger, shall be in zipper tapes, Associate Administrator T.S.U.S.A. No. 347.3340). for Investment. Within the overall level of restraint for SMALL BUSINESS [F.R. Doc. 70-5429; Filed, May 4. 1970; Categories 28 through 64, each category with 8:45 a.m.] out a specific level of restraint is subject to ADMINISTRATION a consultation level of 405,169 square yards equivalent, pursuant to paragraph 7 of the COSMOPOLITAN SMALL BUSINESS bilateral agreement. If appropriate, future INVESTMENT CO., INC. directions concerning these categories will SECURITIES AND EXCHANGE be made to you by letter from the Chairman Notice of License Revocation of the Interagency Textile Administrative COMMISSION Committee. Cosmopolitan Small Business Invest In carrying out this directive, cotton tex ment Co., Inc., was incorporated under [70-48721 tiles and cotton textile products in Cate the laws of the State of Ohio solely for gories 1 through 64, produced or manu the purpose of operating as a small busi THE COLUMBIA GAS SYSTEM, INC. factured in Mexico and which have been ness investment company under the exported to the United States from Mexico Notice of Proposed Issue and Sale of prior to May 1, 1970, shall, to the extent Small Business Investment Act (15 Notes and Common Stock by Sub of any unfilled balances, be charged against U.S.C. 661 et seq.) and the regulations sidiary Companies to Holding Com the levels of restraint established for such promulgated thereunder (33 P.R. 326, 13 goods during the period May 1, 1969, CFR Part 107). It was licensed as a §mall pany and Open Account Advances through April 30, 1970. In the event that business investment company by the by Holding Company to Subsidiary any level of restraint for the 12-month Small Business Administration on Feb Companies Period ending April 30, 1970, has been ruary 21, 1961 (License No. 03/06-0013). April 27, 1970. exhausted by previous entries, such goods shall be subject to the directives set forth On October 9, 1963, the corporation Notice is hereby given that The Co in this letter. It would be appreciated if you was involuntarily dissolved by Proclama lumbia Gas System, Inc. (“Columbia”), would undertake to obtain reports on cot tion of the Secretary of State of the 120 East 41st Street, New York, N.Y. ton textiles and cotton textile products in State of Ohio. Pursuant to laws of the 10017, a registered holding company, and Categories 1 through 64, by category, which State of Ohio, Cosmopolitan Small Busi its above-named wholly owned sub- are entered for consumption or withdrawn ness Investment Co., Inc., ceased to exist sidary companies (hereinafter referred from warehouse for consumption under the as a legal entity on October 9, 1964. provisions of this paragraph in those cate to as “United Fuel”, “Seaboard”, “Co gories for which the levels of restraint for Therefore, under the authority vested lumbia of Ky.”, “Distribution”, “Ken the 12-month period ending April 30, 1970, by the Small Business Investment Act tucky Gas”, “Columbia of Ohio”, “Ohio have been exhausted by previous entries. and pursuant to the regulations pro Fuel”, “Ohio Valley”, “Preston of Ohio”, The levels of restraint set forth above are mulgated thereunder, the license is “Preston of Delaware”* “Columbia of FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 No. 87- -7 7096 NOTICES Pa.”, “Manufacturers”, “Home”, “Co the Columbia notes issued to banks in to the effective interest cost Columbia lumbia of N.Y.”, “Columbia of Md.”, 1970 under a $100 million commitment achieves on its short-term borrowing for “Columbia Gulf”, and “Columbia Devel agreement (Holding Company Act Re this purpose. opment”) have filed an application- lease No. 16295 (February 25,1969)) and Pursuant to the authorization of this declaration with this Commission pur-, presently estimated to aggregate $50 Commission (Holding Company Act Re suant to the Public Utility Holding Com million, are proposed to be converted, lease Nos. 16503 and 16624 (October 24, pany Act of 1935 (“Act”), designating pro rata, into unsecured promissory 1969, and March 4, 1970) and following sections 6(a), 6(b), 7, 9(a), 10, 12(b), notes to Columbia maturing February 25, receipt of a favorable tax ruling of the and 12(f) of the Act and Rules 43 and 1972, on which date Columbia’s commit Internal Revenue Service, Preston of 45 promulgated thereunder as applicable ment notes to banks also mature. Au Ohio is planning to transfer its Appala to the proposed transactions. All inter thorization is requested herein for the chian area oil operations to Preston of ested persons are referred to the appli issue and sale of such notes as may be Delaware and merging its remaining as cation-declaration, which is summarized required for such conversions. The re sets and southwest gas development op below, for a complete statement of the maining construction open account ad erations into Columbia, Development. proposed transactions. vances will be converted into long-term The proposed $21,500,000 of aggregate Columbia proposes to advance on open installment notes and common stocks in financing for Preston of Ohio described account to certain of the subsidiary maximum amounts as indicated herein above will be taken over by Preston of companies for construction and for after. Delaware ($3,500,000) and Columbia De short-term seasonal purposes up to the The following table sets forth the velopment ($18 million) when the pro maximum amounts of construction ad posed dispositions of its assets by Pres respective amounts set forth below. All vances, “seasonal” advances, common ton of Ohio are consummated. construction open account advances will stocks, and installment notes for which The expenses to be paid by Columbia mature on March 31, 1971. On that date, authorization is requested in the present and by the subsidiary dbmpanies in con such advances, in an amount equal to filing: nection with the proposed transactions are estimated at $400 and $6,160, Construction Seasonal Common Installment respectively. advances advances stock notes The application-declaration states that the following State commissions United Fuel..______... $13,000,000 $14,500,000 $13,000,000 Seaboard...... 12.400.000 500.000 $3,550,000 8.850.000 have jurisdiction over certain of the pro Columbia of Kentucky___ 1,100,000 2,000,000 200,000 900.000 posed transactionsf the Pennsylvania Distribution...... 1,100,000 600.000 200,000 900.000 Kentucky Gas...... 1.675.000 760.000 1.675.000 Public Utility Commission, the Public Columbia of Ohio______10, 000,000 17.500.000 10, 000,000 Service Commission of West Virginia, Ohio F u e l....______16,000,000 22.500.000 16,000,000 the Public Utilities Commission of Ohio, Ohio Valley-..______... 1.707.000 1.250.000 207,000 1, 500,000 Preston of O hio...... 21.500.000 12, 000,000 9.500.000 the State Corporation Commission of Columbia of Pennsylvania. 6.300.000 3,5Ò0,"0ÒÒ" 6.300.000 Virginia, the Kentucky Public Service Manufacturers___ i ...... 7,000,000 9,000,000 7,000,000 Columbia of New York___ 400.000 Commission, and the New York Public Columbia of Maryland...... 575,000 250.000 176,000 400,000 Service Commission. It is also stated H om e...... 2,600,000 2.250.000 2,600,000 that the orders of said Commissions will Columbia Gulf...... 60,500,000 "Ì5,500,"ÒÓÓ' 45,000,000 be filed with this Commission by amend Total. 155,457,000 75,000,000 31,832,000 123,625,000 ment. No other State commission and no Federal commission, other than this The subsidiary companies will use the nual interest rate during that same Commission, is stated to have jurisdic proceeds from the construction advances period. tion over the proposed transactions. to finance a part of their respective con The notes proposed to be issued on Notice is further given that any inter struction programs, which, in the aggre March 31, 1971, in conversion of part of ested person may, not later than May 14, gate, are estimated for 1970 to require the construction advances will, as stated, 1970, request in waiting that a hearing expenditures of $196,899,000. The pro mature on February 25, 1972. The notes be held on such matter, stating the ceeds of the “seasonal” advances will will bear interest at the prime com nature of his interest, the reasons for be used by the subsidiary companies to mercial bank rate in effect from .time such request, and the issues of fact or purchase natural gas for inventory and to time and may be prepaid at any time law raised by the filing which he desires for other short-term seasonal purposes. without premium. to controvert; or he may request that he The construction open account ad The installment notes will be acquired be notified if the Commission should vances will be made by Columbia up to no later than March 31, 1971, will be order a hearing thereon. Any such re and including March 31, 1971. The in dated when issued, will be payable in 25 quest should be addressed: Secretary, terest rate on such construction ad equal annual installments on May 31 of Securities and Exchange Commission, vances will be the same as the rates each of the years 1972-96, inclusive, and Washington, D.C. 20549. A copy of such Columbia is to be charged by the banks may be prepaid at any time, in whole or request should be served personally or for its borrowings, that is, the prime in part, without premium. Interest will by mail (airmail if the person being rate in effect for commercial borrowers accrue from the date of issue and is to served is located more than 500 miles at Morgan Guaranty Trust Co. of New be paid semiannually on the unpaid from the point of mailing) upon the ap- York (currently 8 percent) on the day principal balance. The interest rate will plicants-declarants at the above-stated the advance is made. Any change in that be the actual cost of money to Colum address, and proof of service (by affidavit bank’s prime rate will be effective as to bia with respect to its planned sale of or, in case of an attorney at law, by cer such advances then outstanding on the debentures, decreased by an amount tificate) should be filed with the request. first business day following such change. necessary in order that the interest rate At any time after said date, the applica As of March 31, 1971, Columbia will de be a multiple of %oth of 1 percent. tion-declaration, as filed or as it may be terminé what the composite effective an The-“seasonal” open account advances amended, may be granted and permitted nual rate of interest has been on its will be made from time to time during to become effective as provided in Rule borrowings under bank loans (including 1970 and will be paid by the subsidiary 23 of the general rules and regulations the commitment fee to be paid to the companies in three equal installments on promulgated under the Act, or the Com banks), debentures, and commercial February 25, March 25, and April 23, mission may grant exemption from such 1971. The interest rate on the proposed rules as provided in Rules 20(a) and 100 paper, if any, and will, thereafter, retro thereof or take such other action as it actively adjust the interest charges paid “seasonal” open account advances will initially bear interest at the prime com may deem appropriate. Persons who re or incurred by the subsidiary companies mercial bank rate in effect from time to quest a hearing or advice as to whether on such advances to March 31, 1971, to time. The interest charges will be ad a hearing is ordered will receive notice reflect Columbia’s composite effective an- justed, after the storage financing period, of further developments in this matter, FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 NOTICES 7097 including the date of the hearing (if or issue and sale of the bonds by Michigan MP&L proposes to amend its Articles dered) and any postponements thereof. Consolidated, and a copy of that com to effect an increase in the number of mission’s order authorizing the same will authorized shares of its preferred stock. For the Commission (pursuant to dele be filed by amendment in this proceed As of March 31, 1970, the authorized gated authority). ing. It is stated that no other State com shares of MP&L included 204,476 shares [ s e a l ] Orval L. D uB ois, mission and no Federal commission, of preferred stock, consisting of 60,000 Secretary. other than this Commission, has juris shares of 4.36 percent preferred stock, of [F.R. Doc. 70-5436; Filed, May 4, 1970; diction over the proposed transaction. which 59,920 shares were issued and out 8:46 a.m.] Notice is further given that any inter standing; 44.476 shares of 4.56 percent ested person may, not later than May 20, preferred stock of which 43,888 shares 1970, request in writing that a hearing be were issued and outstanding; and 100,000 [70—4876] held on such matter, stating the nature shares of 4.92 percent preferred stock, of MICHIGAN CONSOLIDATED GAS CO. of his interest, the reasons for such re which 100,000 shares were issued and quest, and the issues of fact or law raised outstanding. MP&L now proposes, to pro Notice of Proposed Issue and Sale of by said application which he desires to vide capital funds with which to finance First Mortgage Bonds at Competi controvert; or he may request that he be its expenditures for construction and notified if the Commission should order other corporate purposes, (a) to amend tive Bidding its Articles so as to increase its author April 27, 1970. a hearing thereon. Any such request should be addressed: Secretary, Securi ized preferred stock to 454,476 shares, Notice is hereby given that Michigan ties and Exchange Commission, Wash and (b) to solicit proxies in connection Consolidated Gas Co. (Michigan Con ington, D.C. 20549. A copy of such request therewith. solidated) , 1 Woodward Avenue, Detroit, should be served personally or by mail MP&L intends to submit the proposed Mich. 48226, a public-utility subsidiary (airmail if the person being served is amendment of its Articles to its share company of American Natural Gas Co., located more than 500 miles from the holders for their approval at a special a registered holding company, has filed point of mailing) upon the applicant at meeting of shareholders to be held on an application with this Commission, the above-stated address, and proof of June 30, 1970. In connection therewith, pursuant to the Public Utility Holding service (by affidavit or, in case of an MP&L proposes to solicit proxies from the Company Act of 1935 (“Act”), designat attorney at law, by certificate) should holders of its preferred stock through the ing section 6(b) of the Act and Rule 50 be filed with the request. At any time use of solicitation material which sets promulgated thereunder as applicable to after said date, the application, as filed forth the proposed amendment in detail. the proposed transaction. All interested or as it may be amended, may be granted The declaration states that under the persons are referred to the application, to become effective as provided in Rule applicable provisions of the Mississippi which is summarized below, for a com 23 of the general rules and regulations Business Corporation Law, the proposed plete statement of the proposed transac promulgated under the Act, or the Com amendment requires the affirmative vote tion. mission may grant exemption from such of the holders of at least two-thirds of Michigan Consolidated proposes to rules as provided in Rules 20(a) and 100 all of the outstanding shares of MP&L’s issue and sell, subject to the competitive thereof or take such other action as it preferred stock and common stock, as bidding requirements of Rule 50 under may deem appropriate. Persons who re well as the affirmative vote of the hold the Act, $30 million principal, amount of quest a hearing or advice as to whether ers of at least two-thirds of all of the first mortgage bonds, ____ _ percent a hearing is ordered will receive notice outstanding shares of MP&L’s preferred series, due June 15, 1995. The interest of further developments in this matter, stock voting separately from the com rate (which will be a multiple of one- including the date of the hearing (if mon stock as one class. Middle South, eighth of 1 percent) and the price, ex ordered) and any postponements thereof. holder of all of the outstanding shares clusive of accrued interest, (which will of MP&L’s common stock, has indicated not be less than 98% percent nor more For the Commission (pursuant to dele that all such shares will be voted in favor than 101% percent of the principal gated authority). of the proposed amendment. amount) will be determined by the com [seal] Orval L. D uB ois, The fees and expenses incurred and petitive bidding. The bonds will be issued Secretary. under a mortgage and deed of trust, to be incurred in connection with the dated as of March 1,1944, between Mich [F.R. Doc. 70-5437; Filed, May 4, 1970; proposed transactions are estimated at igan Consolidated and First National 8:46 a.m.] $7,750, including counsel fees of $3,750. City Bank and Blair A. Powell, as trust The declaration states that no State ees, as heretofore supplemented and as [70—4876] commission and no Federal commission, to be further supplemented by a 19th other than this Commission, has juris Supplemental Indenture to be dated as MISSISSIPPI POWER & LIGHT CO. diction over the proposed transactions. of June 1, 1970, and including a prohi Notice of Proposed Charter Amend Notice is further given that any in terested person may, not later than May bition until June 15,1975, against refund ment and Solicitation of Proxies in ing the issue with funds borrowed at a . 22, 1970, request in writing that a hear lower cost of money. Connection Therewith ing be held With respect to the proposed Michigan Consolidated will use the net A pril 29, 1970. amendment, stating the nature of his in proceeds from the issue and sale of the Notice is hereby given that Mississippi terest, the reasons for such request, and bonds to retire all of Michigan Consoli Power & Light Co. (MP&L), Post Office the issues of fact or law raised by said dated’s then outstanding notes payable Box 1640, Jackson, Miss. 39205, a public- declaration which he desires to contro to banks, estimated to be $5,500,000, and utility subsidiary company of Middle vert; or he may request that he be noti to pay, in part, for Michigan Consoli South Utilities, Inc. (Middle South), fied if the Commission should order a dated’s 1970 construction program esti a registered holding company, has filed hearing thereon. Any such request should' mated to be $43 million. The outstand a declaration with this Commission be addressed: Secretary, Securities and ing notes to banks were issued to finance pursuant to the Public Utility Hold Exchange Commission, Washington, D.C. construction. ing Company Act of 1935 (Act), pro 20549. A copy of such request should be The fees and expenses to be paid by posing an amendment to its Articles of served personally or by mail (airmail if Michigan Consolidated in connection Incorporation (Articles) and the solici the person being served is located more tation of proxies in connection therewith. than 500 miles from the point of mail with the issue and sale of the bonds are ing) upon the declarant at the above- estimated at $119,000, including counsel MP&L has designated sections 6(a)(2), tees of $27,500, and accountant’s fee of 7, and 12(e) of the Act and Rule 62 pro stated address, and proof of service (by mulgated thereunder as applicable to affidavit or, in case of an attorney at law, $8,000. The fee of counsel for the bond by certificate) should be filed with the underwriters, estimated at $11,000, is to the proposed transactions. All interested persons are referred to the declaration, request. At any time after said date, the be paid by the successful bidders. which is summarized below, for a declaration, as filed or as it may be The Michigan Public Service Commis complete statement of the proposed amended, may be permitted to become sion has jurisdiction over the proposed amendment. effective as provided in Rule 23 of the FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7098 NOTICES general rules and regulations promul charge on the amount paid in that year nuity contract, Applicant proposes to re gated under the Act, or the Commission in excess of $100,000 will be 1 percent duce the load charge to a level 2 percent, may grant exemption from such rules as of which 0.75 percent is sales charge and being a sales charge of 1.25 percent and provided in Rules 20(a) and 100 thereof 0.25 percent administration charge. The an administration charge of 0.75 per or take such other action as it may deem load scale would differ from that appli cent. The reduced load charge is the appropriate. Persons who request a cable to old group contracts now out same as the lowest load charge appli hearing or advice as to whether a hear standing and those which may be issued cable to purchase payments under In ing is ordered will receive notice of prior to the adoption of the Deposit surance Company’s individual variable further developments in this matter, in Administration Contract and the pro annuity contracts. cluding the date of the hearing (if or posed scale. Applicant requests exemption from dered) and any postponements thereof. Accordingly, applicant requests an section 22(d) to the extent necessary to For the Commission (pursuant to dele exemption from section 22(d) to the ex permit such sales at the reduced load gated authority). tent necessary to permit the deduction of charge indicated. Applicant states that load charges at the current rates from in each case where the charge will be re [seal] Orval L. D tjB ois, payments made under old group con duced a charge will previously have been Secretary. tracts issued prior to the offer and sale incurred in acquiring the insurance from [F.R. Doc. 70-5438; Filed, May 4, 1970; of the Deposit Administration Contract, Insurance Company or life Company, 8:46 a.m.] at the same time that it is deducting load and the reduction will help avoid exces charges at the rates set forth above from sive accumulation of such charges. purchase payments made for new De Section 6(c). Section 6(c) of the Act [812-2510] posit Administration Contracts. Appli provides that the Commission may by THE PAUL REVERE VARIABLE AN cant states that, in its opinion, adoption order upon application conditionally or of the new scale is in the public interest NUITY CONTRACT ACCUMULA unconditionally exempt any person, se because of its simplicity in comparison curity or transaction or any class or TION FUND with the present scales and its lower net classes of persons, securities or transac Notice of Application for Exemptions cost to most purchasers. tions from any provision or provisions of (2) In connection with certain pen the Act or rule or regulation thereunder, April 27, 1970. sion, profit sharing or retirement plans, if and to the extent that such exemp Notice is hereby given that The Paul funding may be accomplished by means tion is necessary or appropriate in the Revere Variable Annuity Contract Ac of a combination of variable and level public Interest and consistent with the cumulation Fund (applicant), 18 Chest amount annuity contracts, the latter con protection of investors and the purposes nut Street, Worcester, Massachusetts, a tracts being written either by Insurance fairly intended by the policy and pro registered open-end diversified invest Company or The Paul Revere Life In visions of the Act. ment company established by The Paul surance Co. (Life Company) of which Notice is further given that any inter Revere Variable Annuity Insurance Co. Insurance Company is a wholly-owned ested person may, not later than May 11, (Insurance Company) as a separate ac subsidiary. During the build-up period, 1970, at 12 noon, submit to the Commis count through which Insurance Com (i) all of the funding may be in deferred sion in writing a request for a hearing pany sets aside assets attributable to level amount annuity contracts, or (ii) on the m att«1 accompanied by a state certain of its variable annuity contracts, part of the funding may be in such de ment as to the nature of his interest, the has filed an application pursuant to sec ferred level amount annuity contracts reason for such request and the issues tion 6(c) of the Investment Company and part may be in deferred variable of fact or law proposed to be contro Act of 1940 (Act) for an order exempt annuity contracts. Transfer of funding verted, or he may request that he be ing Applicant from the provisions of sec from deferred level amount annuity con notified if the Commission shall order a tion 22(d) of the Act. All interested per tracts to variable annuity contracts is to hearing thereon. Any such communica sons are referred to the application on be permitted during the build-up period tion should be addressed: Secretary, Se file with the Commission for a statement or at the annuity commencement date. curities and Exchange Commission, of the representations therein which are Applicant proposes to eliminate load Washington, D.C. 20549. A copy of such summarized below. charges in transferring funds from level request shall be served personally or by Section 22(d) . Section 22(d) of the amount annuity contracts of the In mail (air mail if the person being served Act provides, in pertinent part, that no surance Company or the Life Company is located more than 500 miles from the registered investment company shall sell to the variable annuity contracts. Such point of mailing) upon applicant, at the any redeemable security issued by it to transfers from a level amount annuity address stated above. Proof of such serv any person except at the current public contract to a variable annuity contract ice (by affidavit or in case of an attorney offering price described in the prospectus. will be limited to one transfer each year at law by certificate) shall be filed con per participant. temporaneously with the request. At any (1) The proposed load scale for ap Applicant requests exemption from time after said date, as provided by Rule plicant’s Group Deposit Administration section 22(d) to the extent necessary to 0-5 of the rules and regulations promul Variable Annuity Contract (Deposit permit transfers without a load charge gated under the Act, an order disposing Administration Contract) (being a new as described above. Applicant states that of the application herein may be issued contract designed to take the place of in each case where such charge will be by the Commission upon the basis of the applicant’s Group Allocated and Unal eliminated, a similar charge will pre information stated in said application, located Deposit Administration Variable viously have been incurred, the purpose unless an order for hearing upon said Annuity Contracts and its Group Termi of eliminating additional load charge be application shall be issued upon request nal Funding Variable Annuity Contract, ing to avoid accumulating such charges. all of which are hereinafter referred to or upon the Commission’s own motion. (3) Insurance Company and Life Persons who request a hearing or advice as “old group contracts”) would include Company have power to issue life insur as to whether a hearing is ordered, will a sales charge of 5.5 percent on the first receive notice of further developments $5,000 of purchase payments, 5 percent ance, endowment, and level amount an on the next $5,000, 4.5 percent on the nuity contracts. Such contracts provide in this matter, including the date of the next $5,000, 4 percent on the next $5,000, for lump sum payments under certain hearing (if ordered) and any postpone 3.5 percent on the next $5,000,2.5 percent circumstances such as the death benefit ments thereof. on the next $25,000 and 1.5 percent on under a life policy, the maturity value For the Commission (pursuant to dele purchase payments In excess of $50,000 of an endowment contract, surrender gated authority). and an administration charge on each values, and cash options available to beneficiaries. In instances where the re [seal] Orval L. D uBois, purchase payment of 1 percent. If total cipient of such a lump sum payment Secretary. purchase payments in any contract year from Insurance Company or Life Com [F.R. Doc. 70-5439; Filed, May 4, 1970; exceed $100,000, however, the total load pany uses it to purchase a variable an 8:46 a.m.] FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 NOTICES 7099 Grounds for relief—Rate relationship. paragraph (g) for paragraph (g) INTERSTATE COMMERCE Tariff—Supplement 106 to Southern thereof : Freight Association, agent, tariff ICC (g) Expiration date: This order shall S-658. expire at 11:59 p.m., July 31, 1970, un COMMISSION less otherwise modified, changed, or fourth sec t io n application fo r By the Commission. suspended. RELIEF [seal] H. N eil Garson, It is further ordered, That this amend Secretary. ment shall become effective at 11:59 p.m., April 30, 1970. [F.R. Doc. 70-5470; Filed, May 4, 197Q; April 30, 1970, and that this order shall Protests to the granting of an applica 8:48 a.m.] be served upon the Association of Amer tion must be prepared in accordance with ican Railroads, Car Service Division, as Rule 1100.40 of the general rules of agent of all railroads subscribing to the practice (49 CFR 1100.40) and filed [S.O. 994; ICC Order No. 39; Arndt. 1] car service and per diem agreement within 15 days from the date of publica CHICAGO AND NORTH WESTERN under the' terms of that agreement; and tion of this notice in the F ederal RAILWAY CO. that it be filed with the Director, Office Register. of the Federal Register. Long- and-S hort H aul Rerouting or Diversion of Traffic Issued at Washington, D.C., April 29, FSA No. 41947—Phosphate rock from Upon further consideration of ICC 1970. Occidental, Fla.-Filed by O. W. South, Jr.; Order No. 39 (The Chicago and North agent (No. A6169), for interested rail I nterstate Commerce Com Western Railway Co.) and good cause mission, carriers. Rates on phosphate rock, in appearing therefor: carloads (other than ground phosphate [seal] R. D. P fahler, rock), as described in the application, It is ordered, That: Agent. from Occidental, Fla., to Valleyfield, ICC Order No. 39 be, and it is hereby, [F.R. Doc. 70-5471; Filed, May 4, 1970; Quebec, Canada. amended by substituting the following 8:48 a.m.] FEDERAL REGISTER, VOL. 35, NO. 87— TUESDAY, MAY 5, 1970 7100 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— MAY The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during May. 3 CFR Page 14 CFR Page 28 CFR Page P roclamation: 37_____ 6914 9______7013 3982_____ 6999 39______6916, 6917, 7006, 7051 61______L 7007 29 CFR 5 CFR 71------6917, 7051 213____ 6957 73______6917, 7051 8______7016 75------7051 670__ — 6963 7 CFR 97______6918, 7052 678_____ 6963 51______— ______6957 P roposed R ules: 31 CFR 53______- 7064 39______6967 301______7001, 7002 71______6968, 6969 500______6963 775______=______6958 73______6969 877______7064 75______7020 33 CFR 91______7020 910______7003 P roposed R ules: 917-______7064 121______7021, 7083 959______7065 127______7083 110_____JL—. 7019 966______- ______7003 1201____ 7066 16 CFR 39 CFR P roposed R ules: 13______7007-7009 P roposed R ules: 725___ 7075 P roposed R ules: 135______7018 Ch. IX- 7077 90______6969 1005—_ 6965 41 CFR 1006__ 7023 17 CFR 1-16____ 7070 1012__ 7023 249_____ 7068 1013__ 7023 42 CFR 1032 ______7082 18 CFR 1033 ______6965 P roposed R ules: 1034 ______6965 250_____ 7010 1035— 6965 260_____ 6960 81______7082 1041__ 6965 1050__ 7082 21 CFR 47 CFR 2_„ 7068 73______6913 8 CFR 121. 7068 83___ 6913 P roposed R ules: 320. 7069 103______7018 49 CFR 214______7018 24 CFR 1033______7016 1034-______7017 9 CFR 1914 _ 7012 1915 _ 7013 P roposed R ules: 76_____ 6958, 7004, 7066 567______6969 12 CFR 26 CFR 207_____ 6959 13______7011 50 CFR 221_____ 6959 31______7070 80- 7017 608_____ 7005 143_____ 6962 210. 7070 3 6 3 3 3 3 8 I 9 7 9 United States Government Organization MANUAL 1 9 6 9 -7 0 X A United States Government Organization | | i | A M U A | -OFFICE OF THE T.EDERAU'REGTSTER ^ i - P. ; ’National Archives and.Record S»rvic* " h - j / ’ 4 1 9 6 9 - 7 0 General Services Administration government Presents essential information about Government agencies (updated and republished annually). u x ’ t ò Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers, businessmen, and lawyers who _ need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government, published by the Office of the Federal Register, GSA. o o per copy. Paperbound, with charts Order frorti Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.