THURSDAY, MAY 20, 1971 WASHINGTON, D.C. Volume 36 ■ Number 98
Pages 9121-9191 PART I (Part II begins on page 9177)
HIGHLIGHTS OF THIS ISSUE
This listing does not affect the legal status of any document published in this issue. Detailed table of contents appears inside.
GLASS— Tariff Coram. notice of postponement of hearing d ate...... 9154
TOBACCO— Agriculture gives notice of public hearings on applications from three markets for additional inspection and price support services, May 2 5-27 ...... 9146
INCOME TAX— Proposed 1RS regulations relat ing to certain capital expenditures; comments by 6-21-71 ...... 9142
INCOME TAX— Proposed 1RS regulations regard ing treatment of appreciated property used to re deem stock; comments or suggestions and re quests for public hearing by 6-21—71______9138
TABLE GRAPES (European or Vinifera type)— USDA revises grade standards effective upon publication______....______9125
COAST GUARD CADETS— Coast Guard require ment of Statement of Obligation; effective 5 - 20-71 ...... 9135
UNFAIR LABOR PRACTICES— NLRB amend ments to procedures; effective 5 -2 0-7 1, 6 - 1-71 ...... : ...... 9132
(Continued inside) MICROFILM EDITION FEDERAL REGISTER 35mm MICROFILM
Complete Set 1936-70,189 Rolls $1,342
Voi. Year Price Voi. Year Price Voi. Year Price Ü
1 1936 $7 13 1948 $28 25 1960 $49 Ü 2 1937 12 14 1949 22 26 1961 44 3 1938 8 15 1950 28 27 1962 46 4 1939 14 16 1951 44 28 1963 50 I 5 1940 14 17 1952 41 29 1964 54 6 1941 21 18 1953 30 30 1965 58 m 7 1942 37 19 1954 37 31 1966 60 8 1943 53 20 1955 41 32 1967 69 9 1944 42 21 1956 42 33 1968 55 10 1945 47 22 1957 41 34 1969 62 11 1946 47 23 1958 41 35 1970 59 L 12 1947 24 24 1959 42
Order Microfilm Edition from Publications Sales Branch ~ National Archives and Records Service Washington, D.C. 20408
Published dally, Tuesday through Saturday (no publication on Sundays, Mon on the day after an official Federal holiday), by the Office of the Federal Register, 20408 FEHERAUBREGISTER Archives and Records Service, General Services Administration, Washington, • • ^ Phone 962-8626 Area Code 202 TtOmTfPy puxoucuivpursuant tow thevue auviiuiivjauthority oun containedoaiuou iu in thevuo ioFederal u u i»i ivvgiww*Register Act, » approved ** _ ppglgtgr g,pnn. (49 Stat, 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal g proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government i t & Washington, D.C. 20402. _ ~ payable in The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, p or advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Re money order, made payable to the Superintendent Qf Documents, U.S. Government Printing Office, Washington, D.C. 20402. pursuant The regulatory material appearing herein is keyed to the Code o f F ederal R egulatio ns, which is published, under 50 g ’^tendent to section 11 of the Fédéral Register Act, as amended (44 U.S.C. 1510). The Code of F ederal R egulations is sold by the p of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. regulations. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code of F ederal HIGHLIGHTS— Continued
FORESTRY SERVICES— SBA proposal of defini LAND ACQUISITION AND RELOCATION— DoT tion of small business...... 9144 regulations on relocation assistance and land acquisition policies; effective 6 -1 -7 1 ...... 9178
HUMANE SLAUGHTER— USDA changes in lists MUTUAL FUNDS— SEC proposal respecting of establishments humanely slaughtering live contracturai plans for mutual fund shares and stock ...... -...... —- 9146 variable annuities; public conference on 5 -2 8 - 71 ...... 9143 COTTON TEXTILES— Interagency Textile Admin. Comm, notice of increases in levels of restraint RAIL STRIKE— ICC establishment of preference applicable to certain cotton textile products from and priority for transportation of passengers and Korea...... —...... —...... 9152 freight; effective 5 -1 7 -7 1 ...... 9136
Contents
AGENCY FOR INTERNATIONAL CONSUMER AND MARKETING FEDERAL RESERVE SYSTEM DEVELOPMENT SERVICE Notices Notices Rules and Regulations Southwest Bancshares, Inc.; order International Training and Public Shipment limitations: approving acquisition______9151 Safety Offices; delegation of au Grapefruit grown in Florida 9125 thority ______9145 Oranges grown in Florida_____ 9129 Table grapes, European or Vini INTERAGENCY TEXTILE ATOMIC ENERGY COMMISSION fera type; standards for grades. 9125 ADMINISTRATIVE COMMITTEE Notices Valencia oranges grown in Ari- zona and designated part of Notices Gulf Oil Corp.; proposed issuance California; handling limita- of amended facility license______9147 Cotton textile products produced or manufactured in Republic of AGRICULTURE DEPARTMENT Notices Korea; entry or withdrawal See also Consumer and Market Humanely slaughtered livestock; from warehouse for consump changes in list of establish ing Service. tion ______9152 Notices ments ______9146 Tobacco inspection and price sup FEDERAL AVIATION INTERIOR DEPARTMENT port services; notice of public hearing______9146 ADMINISTRATION See Land Management Bureau. Rules and Regulations CIVIL AERONAUTICS BOARD Alterations: INTERNAL REVENUE SERVICE Notices Control zone and transition a r e a ______9130 Proposed Rule Making NACA Facilities and Service Corp.; Transition area______9130 order authorizing discussions Income tax: and approving agreements_____ 9147 Proposed Rule Making Appreciated property used to re deem stock______9138 CIVIL SERVICE COMMISSION Transition areas and control zone; proposed alteration and revoca Capitalization of costs of plant Notices tion ______9143 ing and developing almond Licensed practical nurse, West groves ______9142 Haven, Conn, and Boston FEDERAL POWER COMMISSION SMSA and Brockton, Mass.; no Notices tice of establishment of mini- INTERSTATE COMMERCE Hearings, etc.: tnum rates and rate ranges____ 9148 City of Augusta and Georgia COMMISSION COAST GUARD Power C o______9149 East Tennessee Natural G as Co_ 9150 Rules and Regulations Mes and Regulations Lawrenceburg Gas Transmis Preference and priority for the cadets; requirement sion Corp______9150 transportation of passengers M A P C O , Inc______9150 01 statement of obligation______9135 and freight necessary to the na Tennessee Gas Pipeline Co______9149 tional defense, health, and COMMERCE DEPARTMENT Washington Public Power Sup ply System______9151 s a fe t y ------9136 e^ a.^onal Oceanic and Atmos Western Colorado Power Co____ 9151 pheric Administration. Western Transmission Corp____ 9151 (Continued on next page) 9123 9124 CONTENTS
Notices NATIONAL ENDOWMENT FOR Notices Fourth section application for re THE ARTS Declarations of disaster loan l i e f ______. 9171 areas: Notices Motor carrier, broker, water car I o w a ------9153 Establishment of an identification Missouri (2 documents) ___ 9153-9154 rier and freight forwarder ap d e v ic e ______9152 plications __i______9155 Tennessee ______9154 Motor carrier temporary authority NATIONAL LABOR Equitable Life Community Enter applications ______9172 RELATIONS BOARD prises Corp.; issuance of license. 9153 Motor carrier transfer proceed Rules and Regulations ings ______9171 Unfair labor practices; amend STATE DEPARTMENT ments to procedures______9132 See Agency for International LABOR DEPARTMENT Development. NATIONAL OCEANIC AND See also Wage and Hour Division, ATMOSPHERIC TARIFF COMMISSION Notices ADMINISTRATION Notices RCA Corp., and Emerson Televi- Nptices Glass from Taiwan; postponement sion and Radio Co. ; certification Vessell, Henry C. and Sara M.; of hearing______9154 of eligibility of workers to apply notice of loan application___ _ 9146 for adjustment assistance------9154 TRANSPORTATION DEPARTMENT SECURITIES AND EXCHANGE LAND MANAGEMENT BUREAU COMMISSION See also Coast Guard; Federal Aviation Administration. Rules and Regulations Rules and Regulations Public land orders: Interpretative releases______9130 Rules and Regulations C olorad o___s______9136 Proposed Rule Making Relocation assistance and land M o n t a n a ______9135 Mutual funds; contractual plans- 9143 acquisition______9178 W y o m in g ______9136 Notices TREASURY DEPARTMENT Notices Consolidated Financial Corp.; no tice of filing application______9153 See Internal Revenue Service. Colorado: SMALL BUSINESS Partial termination of proposed W AGE AND HOUR DIVISION withdrawal and reservation of ADMINISTRATION la n d s ______9146 Proposed Rule Making Rules and Regulations Proposed withdrawal and reser Forestry services; proposed defini Industries in American Samoa; vation of lands______9145 tion ______9144 wage order______9134
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 Effected, covering the current month to datei appears following the Notices section of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1. 1971. and specifies how they are affected.
7 CFR 17 CFR 32A CFR _ 9136 51— ______9125 271 9130 Ch V III ____ - ______905 (2 documents) 9129 Proposed Rules: 33 CFR 908______— 9129 270______9134 40 ______. 9135 274 ______9134 13 CFR 26 CFR 43 CFR P roposed R u l e s : Public Land Orders: Proposed Rules: . 9135 121______9144 1 (2 documents)______9138, 9142 9136 . 9136 14 CFR 29 CFR 71 (2 documents). 9130 9132 101...... 49 CFR P roposed R u l e s : 102______9132 9178 71______9143 697______. 9134 9125 Rules and Regulations
grapes are produced, in effect on the Arizona'requires : Minimum soluble solids: Title 7— AGRICULTURE date the proposal was issued. Some Cali Thompson Seedless__•_____ 16 percent. C a rd in a l ______1 Chapter I— Consumer and Marketing fornia growers and shippers object to this because it will result in soluble Robin ______l 16 percent. Service (Standards, Inspections, Perlette______solids requirements for certain varieties Exotic ______14 percent. Marketing Practices), Department of being lower for Arizona than for the Agriculture California desert area, disregarding the OR PART 51— FRESH FRUITS, VEGE fact that requirements for the same For all varieties, sugar/acid ratio of at least varieties vary within California accord 18:1. TABLES AND OTHER PRODUCTS (IN ing to areas of production. Arizona rep California requires: Minimum soluble solids SPECTION, CERTIFICATION AND resentatives asked that changes in their (determined by refractometer) 16.5 per STANDARDS) State regulations, effective after April 7, cent, with some exceptions including: be recognized. This cannot be done Emperor ______] Ribier ______:______I Subpart— U.S. Standards for Grades of until there is again opportunity for giv 15.5 percent. Table Grapes (European or Vinifera ing public notice of a proposed change Type)1 in the standards. Ladyfinger, Olivette On April 8, 1971, a notice of proposed The retailer comments which detailed Blanche, Other similar varieties ______14.5 percent. rule making was published in the F e d specific objections indicated that cus tomers are alienated by lowered maturity Exotic ______14 percent. eral R e g is t e r (36 F.R. 6755) regarding Thompson Seedless grown standards. One shipper also strongly ad the revision of U.S. Standards for Grades north and west of San of Table Grapes (European or Vinifera vocated maintaining high maturity re Gorgonio Pass______17 percent. type) (7 CFR, §§ 51.880-51.912). These quirements as an aid in marketing Beauty Seedless grown grade standards are issued under au grapes. south and east of San thority of the Agricultural Marketing There was objection on the part of Gorgonio Pass______:___ 15.5 percent. Act of 1946 (60 Stat. 1087, as amended; shippers to requiring U.S. Fancy Export Cardinal and Robin grown north and west of San grapes to be uniform in appearance in 7 U.S.C. 1621-1627), which provides for Gorgonio Pass______15.5 percent. the issuance of official U.S. grades to asmuch as this requirement is optional Cardinal and Robin grown designate different levels of quality for in the U.S. Fancy Table grade. There south and east of San the voluntary use of producers, buyers was also a request for liberalization of Gorgonio Pass______14.5 percent. and consumers. Official grading serv proposed color requirements for Cardi OR ices are also provided under this act nal grapes in the U.S. Fancy grade and upon request of any financially in for an additional tolerance for undersize Thompson Seedless and Perlette having at terested party and upon payment of a bunches. least 15 percent and 14 percent soluble solids, respectively, and other varieties fee to cover the cost of such services. It would be desirable to have U.S. ma without regard to percentage of soluble Statement of considerations leading turity requirements the same in all solids, when having sugar/acid ratio of at to the revision of the grade standards. production areas. However, until agree least 20:1. Following publication in the F ederal ment is achieved among all segments of Changes relating to Cardinal color and Register, copies of the proposed stand the grape industry on such require to uniform appearance in the U.S. Fancy ards were distributed to industry or ments, basing U.S. maturity require Export grade are made as requested. The ganizations and committees, national ments upon applicable State require U.S. Standards for Sawdust Pack Grapes consumer organizations and individuals ments is preferable to the confusion and will continue in effect until May 1, 1972. for comment. The period for submis misunderstanding that has existed in re There is. no duplication of grade desig sion of comments ended M ay 10. cent years because of the differences nations between the “sawdust pack” and Most of the letters and telegrams between State and Federal requirements. 21 “table grape” standards. There is insuf submitted in response to publication of The maturity requirements, as well as 7 ficient information available to justify the proposal were favorable. These were other requirements and tolerenaces, will an additional tolerance for undersize from growers, shippers and industry or be under continual review. It is suggested bunches. Observations will be made on ganizations handling a majority of the that growers, shippers, and retailers this factor during the next season. shipments of table grapes from Arizona cooperate in initiating consumer prefer ^d California. Four comments from re ence studies to obtain data needed for After consideration of all relevant ceivers and retailers protested lowering evaluation of the maturity requirements. matters presented by interested persons, the revision as so proposed is hereby the standards, one grower-shipper op The “statement of considerations” adopted, subject to the following changes: posed higher standards. Three other published with the proposed standards comments, two from grower-shippers included summaries of the Arizona and 1. In § 51.883 the last three lines are tavored a public hearing on the proposal, California maturity requirements. In ad changed to read “in addition meet the two of these also opposed the changes dition to specific citations of the appli packaging requirements set forth in and one urged that the changes be d e - cable State laws and regulations, the Ari § 51.911”. ®.ev.era^ those registering favor- zona maturity requirements are quoted 2. Section 51.887 is changed. oie opinion in general requested cer in the revised grade standards. Although 3. In Table IV under heading “Red tain deletions or other exceptions. its use is not specified, the hydrometer varieties”, line 7, the words “Tokay va Most of the criticism was directed at has been used by the Inspection Service riety” are changed to read “Tokay and the Proposed changes in maturity re- in making these determinations in Ari Cardinal varieties”. Wjrements, conforming them to the re- zona and the revised standards provide It is hereby found that good cause I rements for the State in which the that it shall be used in testing Arizona exists for not postponing the effective date of this revision beyond the date of product in conformity grapes. The summaries of both Arizona publication hereof in the F ederal R e g is .shall tlle re9uirements of these standards and California requirements are not a ter , in that: (1) The 1971 packing sea nat excuse failure to comply with the part of the standards but are printed CosmS1MnS ° f tlle Federal Food, Drug, and son for Table Grapes is scheduled to be inn » lc or with applicable State laws below as a convenience to users of the gin about May 20 and it is in the interest regulations. standards. of the public and the industry that this
FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9126 RULES AND REGULATIONS revision be placed in effect at the earli (2) Not excessively tight for the (2) Waterberry; est possible date; and ( 2) no special variety. (3) Sunburn; preparation is required for compliance (c) Basic requirements for steins: (4) Alnjeria Spot. with this revision on the part of mem (1) Well developed and strong; FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 RULES AND REGULATIONS 9127 (2) Decay. (A) For bunches failing to meet color requirements______10 10 10 uble solids for any lot shall be determined (B) For bunches failing to meet requirements for minimum diameter of from the juice of at least 10 percent, by berries...... 10 10 10 Sor bunches failing to meet stem color requirements______-... 10...... weight, of whole bunches of the least For undersize bunches 5 and for bunches and berries failing to meet the remaining requirements of the grade______12 12 12 mature grapes in that container which Including in (D): appears to have the least mature grapes. (a) For permanent defects...... 8 8 8 (b) For serious damage...... I . . .111.11” ” 4 4 4 No lot shall be considered as failing to And, including in (b): FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 197T 9128 RULES AND REGULATIONS T able IV § 51.901 Fairly well filled. “Fairly well filled” means that the Color terms Black varieties Bed varieties White varieties berries are reasonably closely spaced on main and lateral stems and that the Well colored Each bunch shall have not less than Each bunch shall have not less than No requirement; (U.S. Extra 95 percent, by count, of berries 75 percent, by count, of berries bunch is not very loose or stringy. Fancy). showing good characteristic color.1 showing good characteristic color.1 Reasonably Each bunch shall have not ess than Each bunch shall have not less than No requirement. § 51.902 Excessively tight. well colored 85 percent, by count, of berries 66% percent, by count, of berries (U.S. Fancy). showing good characteristic color.1 showing good characteristic color 1 “Excessively tight” means that the except the Tokay and Cardinal vari berries are so wedged together that the eties shall have not less than 75 per cent, by count, of berries showing bunch is extremely compact for the characteristic color.2 variety and resulting distorted berries Fairly well Each bunch shall have not less than Each bunch shall have not less than No requirement. materially detract from the appearance colored (U.S. 75 percent, by count, of berries 60 percent, by count, of berries No. 1). showing characteristic color.2 showing characteristic color.2 of the bunch. § 51.903 Shot berries. * Good characteristic color for black varieties means purple to black except that Bibier or similar varieties of grapes shall have at least two-thirds of the surface of the berry showing purple to black color. “Shot berries!’ means very small ber For red varieties good characteristic color means at least two-thirds of the surface of the berry is light red through ries resulting from insufficient pollina dark red color; except, for the Tokay variety pink through dark red, and for the Cardinal variety light red through purple shall be permitted. tion, usually seedless in those varieties 2 Characteristic color for black varieties means reddish-purple to black except that Ribier or similar varieties of which normally develop seeds. grapes shall have at least two-thirds of the surface of the berry showing reddish-purple to black color. For red varieties characteristic Color means at least two-thirds of the surface of the berry is pink to dark red; except, § 51.904 Dried berries. for the Tokay variety light pink through dark red and for the Cardinal variety light pink through purple color shall be permitted. ' “Dried berries” means berries which are dry and shriveled to the extent that § 51.892 Firm. equally objectionably variation of any one of these defects, or any other defect, practically no moisture is present.. “Firm” means that the berry does not or any combination of defects which yield more than slightly to moderate § 51.905 W ell developed and strong. pressure and is not flabby or wilted. materially detracts from the appearance, “Well developed and strong” means or the edible or marketing quality of the that the main and lateral stems are firm, § 51.893 Weak. individual berry, the appearance of the fibrous, and pliable; not distinctly im “Weak” means that individual berries bunch as a whole, or the marketing mature or spindly or threadlike at time are somewhat translucent, watery and quality of the stems. The following shall of packing. soft, may have relatively low sugar con be considered as damage to the individual tent, inferior flavor, or are of poor keep berry: § 51.906 Diameter. ing quality. (1) Scarring such as that caused by . “Diameter” means the greatest dimen thrips, mildew, rubs, and similar injuries § 51.894 Shriveled at capstem. sion of the berry taken at right angles when materially detracting from the ap to a line running from the stem to the “Shriveled at capstem” means that the pearance of the berry; blossom end. berry shows more than slight wrinkling (2) Discoloration when any light of the skin surrounding the capstem. brown, tan, or darker discoloration of the § 51.907 Serious damage. § 51.895 Shattered. skin materially detracts from the ap “Serious damage” means any defect pearance of the berry: Provided, That or any combination of defects which “Shattered” means that the berry is “sunkissed” berries of the white Malaga seriously detracts from the appearance, separated from the bunch and may or variety which show discoloration of am or the edible or marketing quality of may not have the capstem attached. ber or light brown color shall not be the grapes and includes berries which § 51.896 Wet. considered as damaged. “Buckskin” ber are split, crushed, wet, affected by decay ries of the Tokay variety, and similar “Wet” means that the grapes are wet or waterberry, or affected by heat or injury to other varieties, shall be con from moisture from crushed, leaking, or freezing. Grapes which show healed sidered as damaged by discoloration; decayed berries or from rain. Grapes cracks at the blossom and shall not be (3) Heat when the flesh of the berry which are moist from dew or other mois considered as seriously damaged. is affected; ture condensation such as that resulting § 51.908 Materially shriveled at capstem. from removing grapes from a refrigerator (4) Alm eria Spot when any spot is dis car or cold storage to a warmer location tinctly sunken or dark in color; “Materially shriveled at capstem’ means that the skin of the berry is shall not be considered^as wet. (5) Mildew when active powdery mil dew is present; definitely wrinkled adjacent to the cap- § 51.897 Decay. stem and the surface is materially ( 6) Freezing when the berry is frozen “Decay” means any soft breakdown of or when the flesh of the berry is affected sunken. the flesh or skin of the berry resulting by freezing; § 51.909 Straggly. from bacterial or fungus infection. Slight (7) Insect injury when penetrating surface development of green mold “Straggly” means that the berries are the skin of the berry or when there is (Cladosporium) shall not be considered sc widely spaced on main and latenai noticeable insect infestation on the decay. stems that the bunch is distinctly ope bunch; when mealybug residue or aphis or very stemmy or stringy in structure. § 51.898 Waterberry. honeydew are present in noticeable “Waterberry” means a watery, soft, or amounts; or when leafhopper residue § 51.910 Container. flabby condition of the berry. Affected materially detracts from the appearance “Container” as used in these standards berries are low in sugar content, have of the individual berry or of the bunch. shall, for the purpose of determining tender skins, and are easily crushed. This (b) The following shall be considered maturity of grapes in packages conta - is an advanced or more pronounced stage as “damage” to stems: ing 5 pounds or less, mean the ma® of the condition referred to as “weak”. (1) Active powdery mildew or any container in which the individual pa * other disease when present on the stems ages are packed for shipment, § 51.899 Sunburn. to the extent that it detracts from the determining other factors of gran “Sunburn” means injury to the berry appearance of the bunch or when scars shall mean the individual package. caused by exposure to the sun, including caused by mildew or other disease con “sulphur burn,” usually occurring as a strict or weaken any part of the main »1.911 Export. sunken and discolored or dried area on or lateral stems; and, When designated as Exiwrt, grapes the exposed surface. (2) Freezing when the stems are all be packed with any of the cus frozen or the capstems are swollen or sr protective materials such a s , § 51.900 Damage. dried, or when the main or lateral stems is, liners, or wraps, or property pac* (a) “Damage” means any specific de are water-soaked and limp, or dried, as sawdust or granulated cork. T fect described in this section; or an a result of freezing. Lied “semi-sawdust packs which FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 RULES AND REGULATIONS 9129 cushioned and/or covered with sawdust F.R. 5904,7509), the provisions of (a) (1) is insufficient; and this amendment re are not approved as protective packaging FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY", MAY 20, 1971 No. 98—Pt. I___ 2 9130 RULES AND REGULATIONS forth. The committee held an open meet the proposed regulations have been and Washington, D.C. (36 F.R. 2290) ing during the current week, after giving received. transition areas. due notice thereof, to consider supply In view of the foregoing, the proposed The Washington, D.C., and Leesburg, and market conditions for Valencia or regulations are hereby adopted effective Va., 700-foot-floor transition areas are anges and the need for regulation; inter 0901 G.m.t., June 24, 1971. described, in part, by reference to the ested persons were afforded an (Sec. 307(a), Federal Aviation Act of 1958, Poolesville, Md., radio beacon (RBN). It opportunity to submit information and 72 Stat. 749; 49 U.S.C. 1348; sec. 6 (c ), De is planned to decommission the RBN and views at this meeting; the recommenda partment of Transportation Act, 49 U.S.C. thus we are substituting the geographi tion and supporting information for 1655(c)) cal coordinates of the R B N . Since the foregoing amendment is edi regulation during the period specified Issued in Jamaica, N.Y., on April 29, herein were promptly submitted to the torial in nature, notice and public pro 1971. Department after such meeting was cedure hereon are unnecessary and the held; the provisions of this regulation, W a y n e H e n d e r s h o t , amendment may be made effective upon including its effective time, are identical Acting Director, Eastern Region. publication in the F ederal R egister. In view of the foregoing, Part 71 of with the aforesaid recommendation of 1. Amend § 71.171 of Part 71 of the the committee, and information concern Federal Aviation Regulations so as to the Federal Aviation Regulations is amended effective upon publication in ing such provisions and effective time delete the description of the Latrobe, Pa., the F ederal R eg ister as follows: has been disseminated among handlers control zone and insert the following in 1. Amend § 71.181 of Part 71 of the of such Valencia oranges; it is nècessary, lieu thereof: in order to effectuate the declared policy Federal Aviation Regulations so as to of the act, to make this regulation effec “W ithin a 5-mile radius of the center,” delete the description of the Leesburg, 40°16'39" N., 79°24'14" W. of Latrobe Air Va., 700-foot-floor transition area and tive during the period herein specified; port, Latrobe, Pa.; within 2 miles each side and compliance with this regulation will of the Latrobe Airport localizer northeast substitute the following: not require any special preparation on course extending from the 5-mile-radius zone L eesburg, V a. the part of persons subject hereto which to 1.5 miles southwest of the Latrobe RBN That airspace extending upward from 700 cannot be completed on or before the 40°22'32" N., 79°16'19'' W.; and within 1.5 feet above the surface within a 6-mile radius miles each side of the Latrobe Airport local effective date hereof. Such committee of the center, 39°04'31” N., 77°33'25" W. meeting was held on May 18, 1971. izer southwest course extending from the 5- mile-radius zone to 17.5 miles southwest of of Leesburg Municipal (Godfrey) Airport (b) Order. (1) The respective quan and within 2 miles each side of a line bear the Latrobe RBN. This control zone shall be ing 079° from a point 39°05'32" N., 77°27'30'' tities of Valencia oranges grown in Ari effective from 0700 to 2300 horns, local time, W. extending from the 6-mile-radius area zona and designated part of California daily. which may be handled during the period to 8 miles east of said point excluding that M ay 21, 1971, through M ay 27, 1971, are 2. Amend § 71.181 of Part 71 of the portion within the Washington, D.C., transi tion area. ' ~ hereby fixed as follows: Federal Aviation Regulations so as to (1) District 1: 270,000 cartons; delete the description of the Latrobe, Pa., 2. Amend § 71.181 of Part 71 of the (ii) District 2: 382,000 cartons; transition area and insert the "following Federal Aviation Regulations so as to (iii) District 3: 98,000 cartons. amend the description of the Washing in lieu thereof: (2) As used in this section, “handler”, ton, D.C., 700-foot-floor transition area “District 1”, “District 2”, “District 3”, That airspace extending upward from 700 as follows: and “carton” have the same meaning as feet above the surface within a 5-mile radius In the text, delete, “to the Poolesville, of the center, 40°16'39'' N., 79°24'14" W., of Md., R B N ;” and- substitute, therefor, when used in said amended marketing Latrobe Airport, Latrobe, Pa.; within the arc agreement and order. of an 8.5-mile-radius circle centered on La “to a point 39°05'32" N., 77°27'30" W.’\ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. trobe Airport, extending clockwise from a (Sec. 307(a), Federal Aviation Act of 1958, 601-674) 270° bearing from the center of the airport to 72 Stat. 749; 49 U.S.C. 1348; sec. 6 (c ), Depart a 360° bearing from the center of the airport; ment of Transportation Act, 49 U.S.C. Dated: M ay 19, 1971. within 2 miles each side of the 226° bearing 1655(c)) from the Latrobe R BN 40022'32', N., P a u l A. N ic h o l s o n , 79°16'19'' W., extending from the 5-mile- Issued in Jamaica, N.Y. on May 4, Deputy Director, Fruit and radius area to the RBN; within 4 miles each 1971. Vegetable Division, Consumer side of the 046“ bearing from the Latrobe W a y n e H endershot, i and Marketing Service. RBN, extending from the RBN to 11.5 miles Acting Director, Eastern Region. [P R Doc.71-7157 Piled 5-19-71; 11:29 am] northeast of the RBN; within 5 miles each [P R Doc.71-7008 Piled 5-19-71;8:46 am] side of the 213° bearing from the Latrobe RBN, extending from the RBN to 3 miles southwest of the RBN; within 2 miles each Title 14— AERONAUTICS side of the Latrobe Airport localizer south west course extending from the 5-mile- Title 17— COMMODITY AND radius area to 17 miles southwest of the La AND SPACE trobe RBN and within 3.5 miles each side of Chapter I— Federal Aviation Adminis the Latrobe Airport localizer southwest SECURITIES EXCHANGES course, extending from 17 miles southewst of tration, Department of Transportation the Latrobe RBN to 27 miles southwest of Chapter II— Securities arid Exchange [Airspace Docket No. 71-EA-18] the RBN. Commission [PR Doc.71-7007 Piled 5-19-71;8:46 am] PART 71— DESIGNATION OF FEDERAL [Release No. IC-6506] AIRWAYS, AREA LOW ROUTES, \RT 271— INTERPRETATIVE RE- CONTROLLED AIRSPACE AND RE [Airspace Docket No. 71-EA-49] LEASES RELATIVE TO THE INVEST PORTING POINTS PART 71— DESIGNATION OF FEDERAL MENT COMPANY ACT OF 1940 Alteration of Control Zone and AIRWAYS, AREA LOW ROUTES, AND RULES AND REGULATIONS Transition Area CONTROLLED AIRSPACE AND RE THEREUNDER On Page 4708 of the F ederal R egister PORTING POINTS for March 11, 1971, the Federal Aviation iscellaneous Amendments Regard Administration published proposed regu Alteration of Transition Area ing Investment Companies lations which would alter the Latrobe, Pa., control zone (36 F.R. 2097) and The Federal Aviation Administration Changes in the Investment Compaq transition area (36 F.R. 2218). is amending § 71.181 of Part 71 of the t of 1940 m ade by the Inv®s*® Interested parties were given 30 days Federal Aviation Regulations so as to mpany Amendments Act of 19" after publication in which to submit Law 91-547) relating to investment written data or views. No objections to alter the Leesburg, Va. (36 F.R. 2219) FEDERAL REGISTER. VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 RULES AND REGULATIONS 9131 policies of a registered investment com application pursuant to section 9 (c) (84 obligation, imposed by section 26(a) (4) pany; the ineligibility of certain persons Stat. 1415) (formerly section 9(b)) for (B) (of the Act, 15 U.S.C. 80a^26(a) (4) to serve as employees of a registered com an exemption from the provisions of (B )), of the depositor or its agent to pany; legal standards for investment section 9 (a ) .* notify investors of substitution of under company reorganizations; substitution of Legal Standards for Investment Com lying securities. Therefore, depositors underlying investments of unit invest pany Reorganizations. The 1970 Act and trustees of such registered unit ment trusts; and the filing of certain amends section 25(c) of the Investment trusts, as soon as possible, should update legal documents with the commission. Company Act (84 Stat. 1424) to impose a their prospectuses to disclose the new This is the fifth in a series of releases stricter legal standard by which courts requirement to their investors. Also, de on problems arising under the Invest are to determine whether to enjoin the positors and trustees should consider the ment Company Amendments Act of 1970 consummation of a plan of reorganiza advisability of amending their trust (1970 Act) (Public Law 91-547 (84 Stat. tion of a registered investment company. agreements to reflect this new require 1413)), enacted December 14, 1970.1 The Amended section 25(c) provides that a ment. purpose of this release is to call to the Federal district court may, upon pro Filing of Documents with Commission attention of registered investment com ceedings instituted by the Commission, in Certain Civil Actions. The 1970 Act panies and other interested persons enjoin the consummation of any such amends section 33 of the Investment some important amendments made by plan of reorganization if the court finds Company Act (15 U.S.C. 80a-33; 84 Stat. the 1970 Act in the Investment Company that any such plan is not “fair and equi 1428) to require prompt filing with the Act of 1940 which will require such com table to all security holders.” 4 Commission of copies of all pleadings, panies and their managements to take In view of this amendment, it is par verdicts, and judgments filed with courts certain actions. ticularly important that the documents or served in connection with certain Investment Policies Changeable Only relating to plans of reorganization of actions or claims, and all proposed settle by Shareholder Vote. The 1970 Act any investment company be filed with ments, compromises, or discontinuances amends 8(b) (2) of the Investment Com the Commission as required by section of any such actions. These documents, pany Act (15 U.S.C. 80a-8(b) (2 )) to re 25(a) (15 U.S.C. 8 0 a-2 5 (a)). In this con unless already so filed, must be filed quire a registered investment company nection, it should be noted that the defi by any registered investment company to make a recital in its registration state nition of “reorganization” provided by which is a party and every affiliated ment of investment policies not enum section 2 (a) (33) (84 Stat. 1413) (fo r person of such company who is a party erated in section (b ) (1) of the Act (15 8 merly section 2(a) (32)) of the Invest defendant to any action or claim by a U.S.C. 80a^8(b) ( 1 ) ) , “which are change ment Company Act is very broad and registered investment company or se able only if authorized by shareholder includes transactions which may not be curity holder thereof in a derivative or vote.” Also, the 1970 Act amends section considered reorganizations under state representative capacity against an officer, 13(a) of the Investment Company Act law. director, investment adviser, trustee, or (15 U.S.C. 80a-13(a)) to prohibit a reg depositor of such company. These re istered investment company, unless au Substitution of Underlying Invest ments of a Unit Investment Trust. The quirements must be met promptly as to thorized by shareholder vote, from devi any documents which were filed prior ating from any investment policy which 1970 Act adds a new section 26(b) to the Investment Company Act (84 Stat. to December 14, 1970, in connection with is changeable only if authorized by share actions pending on and after that date. holder vote.2 Registered investment com 1424) which makes it unlawful for any depositor or trustee of a registered unit Thereafter, such documents, if delivered panies should, in connection with filing to such company or party defendant, posteffective amendments to their Se investment trust holding the security of a single issuer to substitute underlying must be filed with the Commission not curities Act of 1933 registration state later than 10 days after receipts thereof, ments, revise their prospectuses to the securities without Commission approval. New section 26(b) further provides that or, if filed in such court or delivered by extent necessary to disclose all invest such company or party defendant, not ment policies which are changeable only the Commission shall issue an order ap proving such substitution if the evidence later than 5 days after such filing or by shareholder vote. delivery. Ineligibility of Certain Person» to establishes that it is consistent with the protection of investors and the purposes It should be noted that amended sec Serve as an Employee of a Registered tion 33 provides, in effect, that a docu Investment Company. The 1970 Act fairly intended by the policy and provi sions of the Investment Company Act. ment need not be filed by any person amends section 9 (a) of the Act (84 if it has been filed by another person. Stat. 1415) to bar a person convicted Most prospectuses for unit trusts pres In order to avoid duplicative filings in of certain crimes or enjoined by reason ently disclose the prior and continuing cases involving more than one defendant, of misconduct specified in that sec any the Commission suggests that such de tion from serving as an employee of any 3 In this conection, it should be noted that fendants agree to designate one among investment company in addi- the 1970 Act adds a new section 9 (b ) (84 registered them to meet the requirements of Stat. 1415) to the Investment Company Act H the other capacities already spec- amended section 33: Provided, That the med in that section. Therefore, any such which authorizes the Commission, after no tice and opportunity for hearing, to bar an defendant so designated informs the Person who presently serves a registered individual, either permanently or for such Commission of such agreement in investment company in such capacity period of time as may be appropriate, from writing. ust sever his relationship with the serving or acting as an employee, officer, di In order to make it possible for the ompany. However, if the facts warrant, rector, member of an advisory board, invest Commission’s staff and the public to have person made ineligible by this am end- ment adviser or depositor of, or principal un nt may file with the Commission an derwriter for a registered investment com adequate access to the documents filed pany or affiliated person of such investment under this section, the Commission re adviser, depositor, or principal underwriter, quests that persons subject to section 33 fi«^eeDI?vestment Company Act Release Nos. if such person violates the federal securities send five copies of each document re 6430, and 6440 (36 F.R. 2867, 36 laws. The legislative history indicates that quired to be filed. 'fi®840> 36 F.R. 7897, 36 F.R. 8729). the Commission may bring administrative In addition, amended section 33 re 8(bl t*\ A°t also inserts a new section proceedings under new section 9(b) based stat fiief Investment Company Act (84 on violations which occured before Dec. 14, quires such an investment company or mmt1' * J wbich incorporates the require- 1970. See Senate Report No. 91-184, 91st party defendant to file with the Com of „ 1 ° / former section 8 (b ) (2) of a recital Cong., first session (1969), p. 35 and House mission copies of any motions, trans eni,n1cCyire^arding matters, other than those Report No. 91—1382, 91st Cong., second ses cripts and certain other documents if w £ eS V n SeCtionS 8 (! ) and <2>* sion (1970), pp. 20-21. requested in writing by the Commission. Dolirv k re. deemed matters of fundamental 1 Prior to this amendment, a court could the reSistrant. Section 13(a) (3) of issue an injunction only if it determined any By the Commission, May 5, 1971. and after ® U-S'C- " M W (3)) both before such plan to be “grossly unfair or to con for a i * amendment made it unlawful stitute gross misconduct or gross abuse of [ s e a l] T h eodo re L. H u m e s , viate f r i ; ere FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 »132 RULES AND REGULATIONS ing, charging violation of section 8 (b ) hearing (except as provided in § 102.47), Title 29— LABOR (4) (D) of the act, and the proceeding and any orders in connection therewith, follows the procedure outlined in sec if announced at the hearing, shall be Chapter I— National Labor Relations tions 101.8 to 101.15, inclusive. However, stated orally on the record; in all other Board if the Board determines that employees cases the trial examiner shall issue such ART 101— STATEMENTS OF represented by a charged union are en rulings and orders in writing and shall titled to perform the work in dispute, the cause a copy o f the same to be served PROCEDURE, SERIES 8 regional director dismisses the charge on each of the parties, or shall make his PART 102— RULES AND against that union irrespective of ruling in his decision. Whenever the trial REGULATIONS, SERIES 8 whether the employer complies with the examiner has reserved his ruling on any determination. motion, and the proceeding is thereafter Miscellaneous Amendments These amendments are effective upon transferred to and continued before the publication in the F ederal R egister Board pursuant to § 102.50, the Board Parts 101 and 102 of Title 29 are (5-20-71). shall rule on such motion. amended as follows: Subpart B— Procedure Under Sectioh Subpart F— Jurisdictional Dispute § 102.26 Motions; rulings and orders 10(a) to (i) of the Act for the Preven part o f the record; rulings not to be Cases Under Section 10(k) of the Act tion of Unfair Labor Practices appealed directly to Board without Sections 101.33 and 101.36 are amended special permission; requests for spe Sections 102.24, 102.25, 102.26, 102.33 cial permission to appeal. to read as follows: (d) , and 102.35(h) are amended to read A ll motions, rulings, and orders shall § 101.33 Initiation o f formal action; as follows: settlement. become part of the record, except that § 102.24 Motions: where to file; con rulings on motions to revoke subpenas If, after investigation, it appears to the tents; service on other parties; shall become a part of the record only regional director that the Board should promptness in filing and response. upon the request of the party aggrieved determine the dispute under section 10 AH motions under §§ 102.16, 102.22, thereby, as provided in § 102.31. Unless (k ) of the act, he issues a notice of hear and 102.29 made prior to hearing shall be expressly authorized by the rules and ing which includes a simple statement of filed in writing with the regional direc regulations, rulings by the regional di issues involved in the jurisdictional dis tor issuing the complaint. A ll motions for rector or by the trial examiner on mo pute and which is served on ah parties summary judgment made prior to hear tions and by the trial examiner on objec to the dispute out of which the unfair ing shall be filed in writing with the tions, and orders in connection there labor practice is alleged to have arisen. Board pursuant to the provisions of with, shall not be appealed directly to The hearing is scheduled for not less § 102.50. All other motions prior to hear the Board except by special permission than 10 days after service of the notice ing shall be filed in writing with the chief of the Board, but shall be considered by of the filing of the charge, except that trial examiner in Washington, D.C., or the Board in reviewing the record, if ex in cases involving the national defense, with the associate chief trial examiner ception to the ruling or order is included agreement will be sought for scheduling in San Francisco, Calif., as the case may in the statement of exceptions filed with of hearing on less notice. If the parties be. All motions made at the hearing shall the Board, pursuant to § 102.46. Requests present to the regional director satis be made in writing to the trial examiner to the Board for special permission to factory evidence that they have adjusted or stated orally on the record. All mo appeal from such rulings of the regional the dispute, the regional director with tions filed subsequent to the hearing, but director dr the trial examiner shall be draws the notice of hearing and either before the transfer of the case to the filed promptly, in writing, and shall permits the withdrawal of the charge or Board pursuant to 102.45, shall be filed briefly state the grounds relied on. The dismisses the charge. If the parties sub with the trial examiner, care of the chief moving party shall immediately serve a mit to the regional director satisfactory trial examiner in Washington, D.C., or copy thereof on each other party, and if evidence that they have agreed upon associate chief trial examiner, San Fran the request involves a ruling by a trial methods for the voluntary adjustment cisco, Calif., as the case may be. A ll mo examiner, upon that trial examiner. of the dispute, the regional director shall tions made subsequent to transfer of the defer action upon the charge and shall §102.33 Transfer of charge and pro- case to, and while it is pending before, withdraw the notice of hearing if issued. ceeding from region to region; con the Board shall be filed with the execu The parties may agree on an arbitrator, solidation of proceedings in same tive secretary of the Board in Washing a proceeding under section 9(c) of the region ; severance. ton, D.C., as provided in § 102.47. Motions act, or any other satisfactory method to ***** shall briefly state the order or relief ap resolve the dispute. If the agreed-upon plied for and the grounds therefor. All (d ) Motions to consolidate or sever method for voluntary adjustment results motions prior to transfer of the case to proceedings after issuance of complaint in a determination that employees rep the Board shall be filed by the moving shall be filed as provided in § 102.24 and resented by a charged union are entitled party in an original and four copies and ruled upon as provided in § 102.25, except to perform the work in dispute, the re a copy thereof shall be immediately that the regional director may consoli gional director dismisses the charge served on the other parties. Unless other against that union irrespective of wise provided in these rules, motions and date or sever proceedings prior to hear whether the employer complies with that responses thereto shall be filed promptly ing upon his own motion. Rulings by the determination. and within such time as riot to delay trial examiner upon motions to con § 101.36 Compliance with determina the proceeding. solidate or sever may be appealed to the tion ; further proceedings. § 102.25 Ruling on motions. Board as provided in § 102.26. After the issuance of determination by A trial examiner designated by the § 102.33 Duties and powers of trial ex the Board, the regional director in the chief trial examiner, or by the associate region in which the proceeding arose aminers. chief trial examiner in San Francisco, communicates with the parties for the * * * * * Calif., shall rule on all prehearing mo purpose of ascertaining their intentions (h) To dispose of procedural requests, tions (except as provided in §§ 102.16, in regard to compliance. Conferences 102.22, 102.29, and 102.50), and all such motions or similar matters, including may be held for the purpose of working rulings and orders shall be issued in writ motions referred to the trial examiner y out details. If the regional director is ing and a copy served on each of the par the regional director and motions o satisfied that the parties are complying ties. T h e trial examiner designated by with the determination, he dismisses the summary judgm ent or to amend P ea v the chief trial examiner, or by the asso tags; also to dismiss complaints or po - y charge. If the regional director is not ciate chief trial examiner in San Fran tions thereof; to order hearings re satisfied that the parties are complying, cisco, Calif., to conduct the hearing shall he issues a complaint and notice of hear rule on all motions after opening of the opened; and upon motion order proce FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 RULES AND REGULATIONS 9133 ings consolidated or severed prior to pursuant to any other section of the rules tion but shall not conduct any election or issuance of trial examiner decisions; in this part. A motion for reconsidera open and count any challenged ballots * * * * * tion shall state with particularity the until the Board has ruled upon any re material error claimed and with respect These amendments are effective quest for review which may be filed. to any finding of material fact shall June 1,1971. ***** specify the page of the record relied on. These amendments are effective June 1, A motion for rehearing shall specify the Subpart C— Procedure Under Section 1971. 9(c) of the Act for the Determination error alleged to require a hearing de novo of Questions Concerning Represen and the prejudice to the movant alleged Subpart F— Procedure To Hear and to result from such error. A motion to tation of Employees and for Clarifi Determine Disputes Under Section reopen the record shall state briefly the 10(k) of the Act cation of Bargaining Units and for additional evidence sought to be adduced, Amendment of Certifications Under why it was not presented previously, and Sections 102.91 and 102.93 are amended Section 9(b) of the Act what result it would require, if adduced to read as follows: and credited. Only newly discovered evi § 102.91 Compliance with determina Sections 102.65 (a ) and (e) Cl), (2 ), dence, evidence which has become avail tion ; further proceedings. and (3) and 102.67(b) are amended to able only since the close of the hearing, read as follows: or evidence which the regional director If, after issuance of the determination § 102.65 Motions; interventions. or the Board believes should have been by the Board, the parties submit to the taken at the hearing, will be taken at any regional director satisfactory evidence (a) All motions, including motions for further hearing. that they have complied with the deter intervention pursuant to paragraphs ( 2 ) Any motion pursuant to this para mination, the regional director shall dis (b) and (e) of this section, shall be in graph shall be filed within 10 days, or miss the charge. If no satisfactory evi writing or, if made at the hearing, may such further period as may be allowed, dence of compliance is submitted, the be stated orally on the record and shall after the service of the decision, except regional director shall proceed with the briefly state the order or relief sought that a motion for leave to adduce addi charge under paragraph (4) (D) of sec and the grounds for such motion. An tional evidence shall be filed promptly tion 8 (b) and section 10 of the act and original and two copies of written mo on discovery of such evidence. Any re the procedure prescribed in §§ 102.9 to tions shall be filed and a copy thereof quest for an extension of time must be 1Q2.51, inclusive, shall, insofar as ap immediately shall be served on the other received 3 days prior to the due date and plicable, govern: Provided, however, T hat parties to the proceeding. Motions made copies thereof shall be served promptly if the Board determination is that em prior to the transfer of the case to the on the other parties. ployees represented by a charged union Board shall be filed with the regional (3) The filing and pendency of a mo are entitled to perform the work-in dis director, except that motions made dur tion under this" provision shall not un pute, the regional director shall dismiss ing the hearing shall be filed with the less so ordered operate to stay the effec the charge as to that union irrespective hearing officer. After the transfer of the tiveness of any action taken or directed of whether the employer has complied case to the Board, all motions shall be to be taken, except that if the motion with that determination. filed with the Board. Such motions shall states with particularity that the grant § 102.93 Alternative procedure. be printed or otherwise legibly dupli ing thereof will affect the eligibility to cated: Provided, however, That carbon vote of specific employees, the ballots If, either before or after service of copies of typewritten matter shall not of .such employees shall be challenged the notice of hearing, the parties submit be filed and if submitted will not be ac and impounded in any election con to the regional director satisfactory evir cepted. Eight copies o f such motions ducted while such motion is pending. A dence that they have adjusted the dis shall be filed with the Board. The re motion for reconsideration or rehearing pute, the regional director shall dismiss gional director may rule upon all mo need not be filed to exhaust administra the charge and shall withdraw the notice tions filed with him, causing a copy of tive remedies. of hearing if notice has issued. If, either said ruling to be served on the parties, before or after issuance of notice of hear § 102.67 Proceedings before the regional or he may refer the motion to the hear ing, the parties submit to the regional director; further hearing; briefs; ing officer: Provided, That if the re director satisfactory evidence that they gional director prior to the close of the action by the regional director; ap peals from action by the regional di have agreed upon methods for the volun hearing grants a motion to dismiss the tary adjustment of the dispute, the re Petition, the petitioner may obtain a rector ; statement in opposition to ap peal; transfer o f case to Board; pro gional director shall defer action upon review of such ruling in the manner pre ceedings before the Board; Board the charge and shall withdraw the notice scribed in § 102.71. The hearing officer action. of hearing if notice has issued. If it ap shall rule, either orally on the record ***** pears to the regional director that the or in writing, upon all motions filed at dispute has not been adjusted in accord (b) A decision by the regional director hearing or referred to him as here ance with such agreed-upon methods and upon the record shall set forth his find inabove provided, except that all m o- that an unfair labor practice within the ings, conclusions, and order or direction. ions to dismiss petitions shall be re- meaning of section 8(b)(4)(D ) of the The decision of the regional director J**®* *or appropriate action at such act is occurring or has occurred, he may rnie as the entire record is considered shall be final: Provided, however, That within 10 days after service thereof any issue a complaint under § 102.15, and the 1 regional director or the Board, as procedure prescribed in § § 102.9 to 102.51, the case may be. party may file eight copies of a request for review with the Board in Washing inclusive, shall, insofar as applicable, ton, D.C. Such request shall be printed govern; and §§ 102.90 to 102.92, inclu bor>a ^ A Party to a proceeding may, or otherwise legibly duplicated: Pro sive, are inapplicable: Provided, however, extraordinary circumstances, vided, however, That carbon copies shall That if an agreed-upon method for vol r. ® .ter the close of the hearing for not be filed and if submitted will not be untary adjustment results in a deter tft/!/11^ ° f the record, or move after accepted. Simultaneously therewith, haam-60181011 *or reconsideration or re- copies thereof shall be served on all other mination that employees represented by J'h’Hng, except that no motion for re- parties to the proceeding and the re a charged union are entitled to perform k S eratlon or rehearing wil be enter- gional director, and a statement of such the work in dispute, the regional director resirmo?U1?.Uan*' this, paragraph by the service filed with the Board. The filing shall dismiss the charge as to that union ^ rec^or with respect to any of such request shall not, unless other irrespective of whether the employer has Boar/ w^ cl1 can be raised before the wise ordered by the Board, operate as thp ° 1pur.suant to any other section of a stay of any action taken or directed by complied with that determination. with ln Part, or by the Board the regional director: Provided, however, These amendments are effective upon have hfpec£ k° any matter which could That the regional director, in the absence publication in the F ederal R e g ister °een but was not raised before it of a waiver, may issue a notice of elec (5-20-71). FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9134 RULES AND REGULATIONS Subpart I— Service and Filing of mittee recommended pursuant to section effective date specified in § 697.3, and Papers 8 of the Act separate classifications for $1.30 an hour thereafter. the Wholesaling and Warehousing In (ii) This classification shall include Section 102.112 is amended to read as dustry, and the Finance and Insurance all activities in the shipping and trans follows: Industry. For the purposes of this part, portation industry other than those in § 102.112 Same; by parties; proof of these two classifications are treated as cluded in the seafaring classification of service. separate industries. the industry. (c) Petroleum marketing industry. 1. As amended, § 697.1 reads as follows: Service of papers by a party on other ( 1) The minimum wage for this industry parties shall be made by registered mail, § 697.1 W age rates. is $1.30 an hour, effective the date spec or by certified mail, or in any manner Every employer shall pay to each of ified in § 697.3. provided for the service of papers in a (2) This industry shall include the civil action by the law of the State in his employees in American Samoa, who in any workweek is engaged in commerce wholesale marketing and distribution of which the hearing is pending. Service gasoline, kerosene, lubricating oils, diesel on all parties shall be made in the same or in the production of goods for com merce, or is employed in any enterprise and marine fuels, and other petroleum manner as that utilized in filing the products, bunkering operations in con paper with the Board, or in a more ex engaged in commerce or in the produc tion of goods for commerce, as these nection therewith, and repair and main peditious manner; however, when filing tenance of petroleum storage facilities: terms are defined in section 3 of the with the Board is accomplished by per Provided, however, That this industry Fair Labor Standards Act of 1938, wages sonal service the other parties shall be shall not include any activity brought at a rate not less than the minimum rate promptly notified of such action by tele within the purview of section of the or rates of wages prescribed in this sec 6 phonic communication, followed by serv Fair Labor Standards Act of 1938 by the tion for the industries and classifications ice of a copy by mail or telegraph. When F air Labor Standards Amendments of service is made by registered mail, or by in which such employee is engaged. (a ) Fish canning and processing and 1966. certified mail, the return post office re (d ) Construction industry. (1) The can manufacturing industry. (1) The ceipt shall be proof of service. W hen Serv minimum wage for this industry is an minimum wage for this industry is $1.23 $1 ice is made in arjy manner provided by hour for a period of year following the an hour for a period of 1 year following 1 the law of a State, proof of service shall effective date specified in § 697.3, and the effective date specified in § 697.3 and be made in accordance with such law. $1.08 an hour thereafter. $1.28 and hour thereafter. (2) This industry shall include all This amendment is effective June 1, (2) This industry shall include the construction, reconstruction, structural 1971. canning, freezing, preserving, and other renovation and demolition, on public or O gden W . F ie l d s , processing of any kind of fish, shellfish, private > account, of buildings, housing, Executive Secretary. and other aquatic forms of animal life, highways and streets, catchments, dams, [FR Doc.71-7018 Filed 5-19-71;8:47 am] the manufacture of any byproduct thereof, and the manufacture of cans and any other structure. (e) Hospitals and educational institu and related activities: Provided, how tions industry. (1) The minimum wage Chapter V— Wage and Hour Division, ever, That this industry shall not include for this industry is 80 cents an hour for Department of Labor any activity brought within the purview the period ending June 30, 1971, 90 cents of section 6 of the Fair Labor Standards an hour for the period beginning July 1, PART 697— INDUSTRIES IN AMERICAN Act of 1938 by the Fair Labor Standards 1971, and ending June 30,1972, and $1 an SAMOA Amendments of 1966. (b ) Shipping and transportation in hour thereafter. Wage Order (2) This industry shall include all ac- dustry. The classifications of this indus , tivities performed in connection with the Pursuant to sections 5, 6, and 8 of the try shall include the transportation of operation of a hospital, defined as an Fair Labor Standards Act of 1938 (29 passengers and cargo by water or by air, institution primarily engaged in the care IJ.S.C. 205, 206, and 208) and Reorgani and all activities in connection therewith, of the sick, the aged, or the mentally ill zation Plan No. 6 of 1950 (3 C F R 1949- including the operation of air terminals, or defective who reside on the premises 53 Comp., p. 1004), and by means of A d piers, wharves, and docks, stevedoring, of such institution, a school for the men ministrative Order No. 616 (35 F.R. storage, and lighterage operations, and tally or physically handicapped or the 16090), the Secretary of Labor appointed the operation of tourist bureaus and of gifted children, an elementary or second and convened Special Industry Commit travel and ticket agencies: Provided, ary school, or an institution of higher tee No. 9 for American Samoa, referred however, That this industry shall not in education (regardless of whether or not to the Committee the question of the clude bunkering of petroleum products: such hospital, institution, or school is minimum wage rate or rates to be paid Provided, further, That this industry public or private, or operated for proht under section 6 (a) (3) of the Fair Labor shall not include any activity brought or not for profit): Provided, however, Standards Act of 1938 to employees in within the purview of section 6 of the That this industry shall not include any American Samoa subject thereto, and Fair Labor Standards Act of 1938 by the activity to which the Fair Labor Stand* gave notice of a hearing to be held by Fair Labor Standards Amendments of ards Act of 1938 would have applied pnor 1966. the Committee. to the Fair Labor Standards Amend- Subsequent to an investigation and a (1) Classification A (seafaring) . (i) ment of 1966. hearing conducted pursuant to the The minimum wage for this classifica (f) Hotel industry. (1) The minimum notice, the Committee filed with the Ad tion is 60 cents an hour for a period of 1 wage for this industry is 85 ce. ,. ministrator of the Wage and Hour Divi year following the effective date specified hour for a period of year following sion of the Department of Labor a report in § 697.3 and 70 cents an hour 1 effective date specified in § 697.3, and containing its findings of fact and rec thereafter. cents an hour thereafter. ommendations with respect to matters (ii) This classification of the shipping all (2) This industry shall include referred to it. and transportation industry shall include activities in connection with the op Accordingly, pursuant to section (a ) all activities engaged in by seamen on 6 tion of hotels, motels, apartment hotels, (3) and section 8 (d) of the Fair Labor American vessels which are documented and tourist courts engaged m pro Standards Act of 1938, Reorganization or numbered under the laws of the lodging, with or without meals, I Plan No. of 1950 and § 511.18 of Title United States, which operate exclusively 6 general public: Provided, however, 29, Code of Federal Regulations, the between points in the Samoan Islands, this industry shall not include a y . recommendations of Special Industry and which are not in excess of 350 tons tivity to which the Fair Labor Sta Committee No. 9 for American Samoa net capacity. (2) Classification B. (i) The minimum Act of 1938 would have apphed pnor are hereby published as an amendment the Fair Labor Standards Amendments of section 697.1, effective as set forth in wage for this classification is $1.25 an § 697.3. In addition the Industry Com hour for a period of 1 year following the of 1966. FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 19/1 RULES AND REGULATIONS 9135 (g) Retail trade industry. (1) The (1) The Finance and Insurance In notice and public procedure thereon by minimum wage for this industry is $1 an dustry. (1) The minimum wage for this 5 U.S.C. 553 and the amendment may be hour for a period of 1 year following the industry is $1.10 an hour for the period made effective in less than 30 days. effective date specified in § 697.3 and of 1 year following the effective date In consideration of the foregoing, $1.10 an hour thereafter. specified in § 697.3, and $1.20 an hour § 40.13 is amended by revising paragraph (2) This industry shall include all ac thereafter. (d) to read as follows: (2) The Finance and Insurance In tivities in connection with the selling of § 40.13 Appointment as Cadet, U.S. dustry includes all banks and trust com goods or services at retail, including the Coast Guard. panies, credit agencies other than banks, operation of retail stores and other re * * * * * tail establishments: Provided, however, holding companies, other investment That this industry shall not include any companies, collection agencies, brokers (d) Each candidate must sign and activity to which the Fair Labor Stand and dealers in securities and commod submit the following Statement of Obli ards Act of 1938 would have applied prior ity contracts, as well as carriers of all gation to the Superintendent of the to the Fair Labor Standards Amend types of insurance, and insurance agents Academy before taking the oath of office ments of 1966. and brokers. as a Cadet, U.S. Coast Guard: (h) Laundry and Dry Cleaning In- (m ) Miscellaneous industry. (1) The Statement of Obligation minimum wage for this industry is $1.05 dustry. (1) The minimum wage for this Upon taking the oath of office of a Cadet, industry is 85 cents an hour for the an hour, effective the date specified in U.S. Coast Guard, I agree to complete the period ending one year from the date § 697.3. course of instruction at the Coast Guard specified in § 697.3, and 90 cents an hour (2) This industry shall include every Academy and to serve at least 5 years as an thereafter. activity not included in any other in officer in the Coast Guard after graduation dustry defined in this § 697.1. from the Coast Guard Academy, if my serv (2) The Laundry and Dry Cleaning 2. As amended, § 697.3 reads as fol ices are so long required. Industry is that industry which is en lows: In accordance with section 182 of title 14, gaged in laundering, cleaning, pressing United States Code, I agree that if I do not or repairing clothing or fabrics, except § 697.3 Effective date. complete the course of instruction or if I do such activities as are engaged in by a not accept an appointment as aii officer in The wage rates specified in § 697.1 hotel or motel on its own linens or on the Coast Guard, that I may be transferred shall be effective June 2, 1971. articles of its guests. to the Coast Guard Reserve in an appropriate (Secs. 6 and 8, 52 Stat. 1062, 1064, as enlisted grade or rating to be determined by (i) The Bottling Industry. (1) The amended: 29 U.S.C. 206, 208) the Commandant and notwithstanding sec minimum wage for this industry is $1 tion 651 of title 10, United States Code, may an hour for the period of 1 year follow Signed at Washington, D.C., this 13th be ordered to active duty to serve in that ing the effective date specified in § 697.3, day of May 1971. grade or rating for such a period of time, not and $ an hour thereafter. to exceed 4 years. 1.10 H orace E. M e n a sc o , (2) The Bottling Industry is that in Administrator, Wage and Hour (Sec. 182, 63 Stat. 508, as amended, sec. 632, dustry which is engaged in the bottling, Division, U.S. Department of 63 Stat. 545, as amended, sec. 6(b)(1), 80 Stat. 937; 14 U.S.C. 182, 632, 49 U.S.C. 1655 sale, or distribution at wholesale of soft Labor. drinks in bottles or cans. (b ) (1 ); 49 CFR 1.46(b) (35 F.R. 4959)) [FR Doc.71-6997 Filed 5-19-71;8:45 am] (j) The Printing and Publishing In Effective date. This amendment is ef dustry. (l) The minimum wage for this fective on M ay 20,1971. industry is $1 an hour for the period of Dated: M ay 12,1971. 1 year following the effective date speci Title 33— NAVIGATION AND fied in § 697.3, and $1.10 an hour C. R . B e n d e r , thereafter. Admiral, U.S. Coast Guard, (2) The Printing and Publishing In NAVIGABLE WATERS Commandant. dustry is that industry which is engaged Chapter I— Coast Guard, Department [FR Doc.71-7040 Filed 5-19-71;8:48 am ] in printing, job printing, duplicating and of Transportation publishing, other than the publishing of a weekly, semiweekly or daily newspaper SUBCHAPTER B— MILITARY PERSONNEL with a circulation of less than 4,000, the [CGFR 71-2] Title 43— PUBLIC LANDS: Major part of which circulation is within the county where published or counties pa rt 40— CADETS OF THE contiguous thereto. COAST GUARD INTERIOR Chapter II— Bureau of Land Manage . The Wholesaling and Warehous Appointment as Cadet, U.S. Coast es Industry. (l) The minimum wage ment, Department of the Interior ior this industry is $1.10 an hour for the Guard period of l year following the effective This amendment to Part 40 of Title APPENDIX— PUBLIC LAND ORDERS date specified in § 697.3, and $1.20 an 33 of the Code of Federal Regulations [Public Land Order 5059] bour thereafter. requires that before admission to the [Montana 16312] t Wholesaling and Warehousing U.S. Coast Guard Academy, a cadet must industry includes wholesaling and w are- sign a Statement of Obligation in which MONTANA ousin^ and other distribution of com- he agrees to complete the course of in Withdrawal for National Forest including but without limita struction at the Coast Guard Academy nti! 1 . wholesaling, warehousing and and to serve as an officer in the Coast Lookout Sites im!fr distribution activities of jobbers, Guard for 5 years upon graduation. He By virtue of the authority vested in « 1« k S’ and exP °rters, manufacturers’ also must agree that, if he fails to com -, the President and pursuant to Executive in branches and sales offices engaged plete the prescribed course of instruc Order No. 10355 of May 26, 1952 (17 F.R. font, distributing of products manu- tion or refuses to accept an appointment 4831), it is ordered as follows: , °^tside of American Samoa, as an officer in the Coast Guard, he may I. Subject to valid existing rights, the lishmjfifl distributors, mail order estab- be transferred to the Coast Guard Re following described national forest lands li„ 2 ?ntus. brokers and agents, and pub- serve and ordered to active duty for a are hereby withdrawn from appropria li ou^es and retail selling estab- period of not more than 4 years. This tion under the mining laws (30 U.S.C., witfrhwt °tber than those included amendment implements 14 U.S.C. 182. Ch. 2), but not from leasing under the IndSrthe definition of Retail Trade Since this is a matter relating to mineral leasing laws, in aid of programs agency personnel, it is excepted from of the Department of Agriculture: FEDERAL REGISTER, VOL. 36, NO. 98-^THURSDAY, MAY 20, 1971 9136 RULES AND REGULATIONS L olo N ational F orest [Public Land Order 5060] Six th Principal Meridian PRINCIPAL MERIDIAN [Wyoming 17259] catam ount creek recreation sit* East Spread Lookout WYOMING T. 2 S., R. 84 W., Sec. 8, S W & S W # . T. 16 N., R. 12 W., Sec. 12, Wi/2NWi4SEV4NE^, E^NE^ Withdrawal for Administrative Site LYONS GULCH RECREATION SITE S W & N E ft. By virtue of the authority vested in T. 4 S., R. 86 W., Williams Peak Lookout the President and pursuant to Executive Sec. 18, lot 14~ T. 14 N., R. 25 W., Order No. 10355 of M ay 26,1952 (17 F.R. GREATER PRAIRIE CHICKEN RANGE 4831), it is ordered as follows: Sec. 24, SE%SW^NEi4, NE&NW&SEft. T. 3 N„ R. 43 W., 1. Subject to valid existing rights, the Stark Mountain Lookout Sec. 24, NE]4NE}4; following described public land, which Sec. 25, NE]4SE]4- T. 15 N., R. 24 W., is under the jurisdiction of the Secretary Sec. 1, S E ^ S W ^ N E ^ . of the Interior, is hereby withdrawn from The areas described aggregate ap Mormon Peak Lookout all forms of appropriation under the proximately 137 acres in Eagle and Yuma public land laws, including the mining Counties. T. 11 N., R. 20 W., 2. The withdrawal made by this order Sec. 7, S E ^ S W ^ S W ^ N W ^ , BW ftSB% laws (30 U.S.C., ch. 2 ), but not from does not alter the applicability of the SWy4NWi/4, NEy4N W 1/4 NW 1/4SWy4, NW % leasing under the mineral leasing laws, NE 14NW 14SWV4. and reserved for the Rock Springs Ad public land laws governing the use of the lands under lease, license, or permit, or Thompson Peak Lookout ministrative Site: governing the disposal of their mineral T. 16 N., R. 26 W., Sixth Principal Meridian or vegetative resources other than under Sec. 5, SWi4 of lot 1, NWy4SEy4NEy4. T. 19 N., R. 105 W., the mining laws. However, leases, licenses Blue Mountain Lookout Sec. 14, a tract of land within lot 5 de or permits will be issued only if the pro scribed as follows: posed use of the lands will not interfere T. 12 N., R. 21 W., Beginning at a point 816.55 feet N. Sec. 12, SWy4 SW% NE% N W %, SE%SE% with the primary use for which they are 17°56'40" E. of the quarter corner com withdrawn. Nwy4Nwy4, n e 'A n e y4 sw y4 n w %, Nwy4 mon to secs. 14 and 15;' thence N. 12°22' H a r r iso n L oesch, NWy4SE%NW%. E., a distance of 513.7 feet; theence S. Assistant Secretary of the Interior. Edith Peak Lookout 89°41' E., a distance of 902.92 feet; . thence S. 2° 16' E., a distance of 779.4 M a y 13, 1971. T. 16 N., R. 21 W., feet; thence N. 74° 54'30'' W., a distance Sec. 34, S y2 SW 14 NW % NW 14, N & N W ft of 1,080 feet to the point of beginning. [FR Doc.71-7012 Filed 5-19-71;8:46 am] swy4Nwy4- The area described contains 14.43 acres West Fork Butte Lookout in Sweetwater County. Unsurveyed but which probably will be 2. The withdrawal made by this order when surveyed: does not alter the applicability of the Title 32A— NATIONAL DEFENSE, T. 11 N., R. 22 W., public land laws governing the use of the SeC. 6, Ey2NW ^ S E %SW%, W &NE& SE& land under lease, license, or permit, or APPENDIX swy4- governing the disposal of their mineral or Chapter Vllt— Transport Mobilization Plateau Mountain Lookout vegetative resources other than under the mining laws. Staff, Interstate Commerce Commis T. 14 N., R. 23 W., sion Sec. 4, S E ^ S W ^ N W ^ . H a r r iso n L o e s c h , Assistant Secretary of the Interior. [General Emergency Transport Order 1-71] Morrell Mountain Lookout T. 17 N., R. 14 W., M a y 13, 1971. PREFERENCE AND PRIORITY FOR THE Sec. 34, S W % S E % N E ^N E % , S E & S W ^ [FR Doc.71-7011 Filed 5-19-71;8:46 am] TRANSPORTATION OF PASSENGERS NE%NE%, NE y4 N W 14 SE % NE %, NWy4 N E ^ S E ^ N E ^ . AND FREIGHT NECESSARY TO THE NATIONAL DEFENSE, HEALTH, AND Sliderock Mountain Lookout [Public Land Order 5061] SAFETY T. 10 N., R. 16 W., [Colorado 12185] Sec. 25, SE%NE%SWy4- COLORADO Pursuant to Title 1 of the Defense Landowner Mountain Lookout Production Act of 1950, as amended (50 Withdrawal for Recreation Sites and U.S.C. App. 2061, et seq.), Executive T. 15 N., R. 26 W., Protection of Endangered Species of Order 10480, as amended, and Executive Sec. 30, WV&W%SE%SW&, Ei/2Ey2 of lot 7. Wildlife Order 11594 dated M ay 17, 1971, and it being deemed necessary in the public The areas described aggregate approxi By virtue of the authority vested in the interest and to promote the national mately 150 acres in^ Granite, Missoula, President and pursuant to Executive defense, health, and safety by reason 0 Powell, and Mineral Counties. Order No. 10355 of M ay 26, 1952 (17 P.R. the short supply of domestic transporta 2. The withdrawal made by this order 4831), it is ordered as follows: tion equipment, facilities, and service du does not alter the applicability of those 1. Subject to valid existing rights, the to the current nationwide cessation 01 public land laws governing the use of the railroad service, to regulate, allocate, an national forest lands under lease, license, following described public lands which are under the jurisdiction of the Secre promote the use of motor and inla*j, or permit or governing the disposal of water carrier equipment, facilities, ana their mineral or vegetative resources tary of the Interior, are hereby with service, for the preferential transpor other than under the mining laws. drawn from all forms of appropriations under the public land laws, including the tion of passengers and property nece- H a r r iso n L o e s c h , mining laws (30 U.S.C., ch. 2), but not sary to the national defense, health, a Assistant Secretary of the Interior. from leasing under the mineral leasing safety, and is being impractical toi c j - laws, for protection of their public recre suit with industry representatives au M a y 13, 1971. ation values, and for protection of en to the necessity of immediate action. [FR Doc.71-7010 Filed 5-19-71;8:46 am] dangered species of wildlife: is hereby ordered, That: FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 RULES AND REGULATIONS 9137 Section 1« Transportation o f military and alum, lime, sulphate of iron, soda ash, and portation of passenger or property by other freight necessary to promote similar chemicals and equipment essential motor vehicle for compensation; to the continuity of operation of water and the national defense, health, and (b) The term “inland water carrier” safety. sewage installations. Items necessary to the continued smooth means any person who engages in the Every motor and inland water carrier functioning of the financial system, i.e., transportation of property by vessel for engaged in the transportation of prop movement of checks, currency and coins. compensation. erty shall give preference and priority Where necessary to accord such pref (c) The term “motor vehicle” means over all other traffic to the transporta erence and priority, said carriers shall any vehicle, machine, tractor, trailer, or tion of: limit or restrict the amount of other semitrailer propelled or drawn by me Pood or kindred products, canned, pre freight transported on any motor vehicle chanical power and used upon the high served, or otherwise prepared, including or vessel operated by it. ways in the transportation of passengers fresh, frozen, or chilled meats and poultry; or property, or any combination thereof ; fresh eggs and milk; fresh or frozen fruits Sec. 2. Transportation o f essential Gov and and vegetables; fresh or frozen fish and shell ernment personnel. Ash; feeds for animals and fowls. (d) The term “vessel” means any wa Fuels required for the production of elec Every motor carrier engaged in the tercraft or other artificial contrivance of tric power and those used directly for heat transportation of passengers shall give whatever description which is used, or ing residences and institutions essential for preference and priority over all other is capable of being, or is intended to be, the public welfare. traffic to the transportation of essential used as a means of transportation by Hospital and sick room supplies and equip Government personnel, including m ili-' water. ment, including diagnotic devices and essen tary passengers, traveling on Govern tial support utilities. ment Travel Requests, and personnel Sec. 5. Communications. Pharmaceutical, biologicals, surgical tex tiles, and instruments. traveling in support of items contained -Communications concerning this order Electrical power and. communication sys in this priority list. should refer to “General Emergency tems repair materials and equipment re Transport Order 1-71” and should be quired for the supply of essential electric Sec. 3. Applicability. addressed to the Secretary, Interstate power and communications. The provisions of this order shall Commerce Commission, Washington, Medical laboratory supplies and equip D.C. 20423. ment. apply to all for-hire motor and inland This General Emergency Transport Professional dental supplies and equip water carriers engaged in intrastate, Ordèr 1-71 shall become effective M ay 17, ment. interstate, and foreign commerce within Material moving on Government or com 1971, and shall remain in full force and mercial bills of lading specifically certified the United States, including the District effect during the current emergency and as essential by defense or atomic energy of Columbia, but excluding the States of until further order. contract administrators. Alaska and Hawaii, and the territories All material moving on government bills Issued at W ashington, D.C., this 17th of lading issued by transportation officers of and possessions of the United States. day of May 1971. the military services. Sec. 4. Definitions. [ s e a l ] G eorge M . S t affo r d , U.S. Mail in accordance with emergency As used in this order: Chairman, orders issued by the Post Master General. Interstate Commerce Commission. Water and sewage processing and handling (a) The term “motor carrier” means supplies and equipment, including chlorine, any person who engages in the trans- [FRDoc.71-7113 Filed 5-19-71; 10:35 am ] FEDERAL REGISTER, VOL. 36, NO. 96— THURSDAY, MAY 20, 1971 98—Pt. 1— 3 9X38 Proposed Rule Making (d ) Basis. * * * money, the obligations of the distribut DEPARTMENT OF THE TREASURY (2) Corporate distributees. * * * ing corporation, stock of the distributing (B) The adjusted basis (in the hands of corporation treated as property under Internal Revenue Service the distributing corporation immediately be fore the distribution) of such property, in section 305(b), or rights to acquire such [ 26 CFR Part 1 ] creased in the amount of gain to the distrib stock treated as property under section uting corporation which is recognized under 305(b)) after December 31, 1962, to a APPRECIATED PROPERTY USED TO subsection (b), (c), or (d) of section 311, shareholder which is a corporation, see REDEEM STOCK under section 341(f), or under section 617 section 301(b) (1) (C ) and paragraph (n) (d)(1), 1245(a), 1250(a), 1251(c), or 1252 of this section. Notice of Proposed Rule Making (a). ♦ * * * * * * * * * Notice is hereby given that the regula (h ) Basis. * * * [Sec. 301 as amended by secs. 5 (a) and (b ), tions set forth in tentative form in the ( 2) * * * attached appendix are proposed to be and 1 3 (f)(2 ), Rev. Act 1962 (76 Stat. 977, 1035); sec. 2 3 1 (b )(2 ), Rev. Act 1964 (78 (ii) * * * prescribed by the Commissioner of Inter Stat. 105); sec. 1(b) (1), Act of Aug. 22, 1964 (b) The adjusted basis (in the hands nal Revenue, with the approval of the (Public Law 88-484, 78 Stat. 597); sec. 1(b) of the distributing corporation immedi Secretary of the Treasury or his dele (2 ), Act of Sept. 12, 1966 (Public Law 89-570, ately before the distribution) of such gate. Prior to the final adoption of such 80 Stat. 762); secs. 211(b) (1) and (2), and property increased in the amount of gain regulations, consideration will be given to 905(b) (2), Tax Reform Act of 1969 (83 Stat. to the distributing corporation which is any comments or suggestions pertaining 570, 714) ] recognized under section 311(b) (relat thereto which are submitted in writing, P a r . 2. Section 1.301-1 is amended by ing to distributions of LIFO inventory), preferably in quintuplicate, to the Com revising paragraph (d), paragraph section 311(c) (relating to distributions missioner of Internal Revenue, Atten (h ) ( 2) (ii) (b), paragraph (j) ( 1), and of property subject to liabilities in excess tion: CC: LR: T, Washington, D.C. paragraph (n) (2). These revised provi of basis), section 311(d) (relating to ap 20224, by June 21, 1971. Any written sions read as follows: preciated property used to redeem stock), comments or suggestions not specifically § 1.301—1 Rules applicable with respect section 341(f) (relating to certain sales designated as confidential in accordance to distributions of money and other of stock of consenting corporations), with 26 CFR 601.601(b) may be inspected property. section 617(d) (relating to gain from by any person upon written request. Any * * * * * dispositions of certain mining property), person submitting written comments or section 1245(a) or 1250(a) (relating to suggestions who desires an opportunity (d ) Distributions of property to cor gain from dispositions of certain depre to comment orally at a public hearing on porate shareholders. If property (other ciable property), section 1251(c) (relat these proposed regulations should sub than money and other than the obliga ing to gain from disposition of farm re mit his request, in writing, to the Com tions of the distributing corporation) is capture property), or section 1252(a) missioner by June 21, 1971. In such case, distributed in kind to a shareholder (relating to gain from disposition of which is a corporation and the fair mar a public hearing will be held, and notice farmland) ; of the time, place, and date will be pub ket value of such property is greater than the adjusted basis in the hands of the dis lished in a subsequent issue of the F ed ( j ) Transfers fo r less than fair market er al R eg ist e r . The proposed regulations tributing corporation, only the adjusted mlue. * * * are to be issued under the authority con basis of such property (determined tained in section 7805 of the Internal immediately before the distribution and (1) W here the fair market value of the Revenue Code of 1954 ( 68A Stat. 917; 26 increased for any gain recognized to >roperty equals or exceeds its adjusted >asis in the hands of the distributing U.S.C. 7805). the distributing corporation under sec tion 311 (b), (c), or (d), or under îorporation the amount of the distnbu- [ s e a l ] H arold T. S w a r t z , section 341(f), 617(d), 1245(a), 1250(a), ,ion shall be the excess of the adjusted Acting Commissioner 1251(c), or 1252(a)) shall be taken into >asis (increased by the amount of gain of Internal Revenue. account under section 301(c). Thus, in •ecognized under section 311 (b ), (c)» o In order to conform the Income Tax such a case, the amount of such a divi ;d), or under section 341(f), 617(A), Regulations (26 C F R Part 1) to the pro dend in kind under section 301(c)(1) 1245(a), 1250(a), 1251(c), or 12 5 2(a) to visions of section 905 of the Tax Reform may not exceed such adjusted basis. ;he distributing corporation) over me Act of 1969 (83 Stat. 713), such regula Similarly, in such cases where the dis imount paid for the property; tions are amended as follows: tribution is not out of earnings and ***** P aragraph 1. Section 1.301 is amended profits, the amount of the reduction in (n ) Distributions of certain property by revising subsections (b) (1) (B) (ii) basis of the shareholder’s stock and the by foreign corporations to corporal and (d) (2) (B) of section 301 and the amount of any gain resulting from such shareholders. * * * historical note to read as follows: distribution are determined by reference to the adjusted basis of the property dis (2) I f any deduction is allowable § 1.301 Statutory provisions; distribu tributed. If the property distributed is the recipient under section 245 with tions o f property. money, the amount of the distribution spect to a distribution of ?.. Sec. 301. Distributions of property. * * * shall be the amount of such money. If scribed in subparagraph (1) of graph and if the fair value o (b ) Amount distributed— (1) General rule. the property distributed consists of the market * * * obligations of the distributing corpora the property exceeds its adjusted (B ) Corporate distributees. * * * n the hands of the corg_ tion, or stock of the distributing corpora distributing (il) The adjusted basis (in the hands of cation (increased by any gam to t the distributing corporation immediately tion treated as property under section before the distribution) of the other prop 303(b), or rights to acquire such stock tributing corporation recogni section 311 (b ), (c ), or FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 PROPOSED RULE MAKING 9139 In order to determine such amount— Subsections (b) and (c) shall not apply to in form made by a shareholder receiving any distribution to which this subsection such property in kind from the corpora (i) First, compute the portion, if any, applies. of the adjusted basis of the property (in (2) Exceptions and limitations. Para tion may be imputed to the corporation creased by any gain to the distributing graph ( 1 ) shall not apply to— if, in fact, the corporation made the sale. corporation recognized under section 311 (A ) A distribution in complete redemption Moreover, where property is distributed (b) , (c), or (d), or under section 341(f), of all of the stock of a shareholder who, at by a corporation, which distribution is in all times within the 12-month period ending 617(d), 1245(a), 1250(a), 1251(c), or effect an anticipatory assignment of in on the date of such distribution, owns at 1252(a)) which is out of earnings and come, such income may be taxable to the least 10 percent in value of the outstanding corporation. The term “distributions with profits of the taxable year (within the stock of the distributing corporation, but respect to its stock” includes distribu meaning of section 316(a) (2 )). only if the redemption qualifies under sec (ii) "Second, compute the portion, if tion 302(b)(3) (determined without the tions made in redemption of stock (other any, of the adjusted basis of the property application of section 302(c)(2) (A) (ii)); than distributions in complete or partial (increased by any gain to the distribut (B) A distribution of stock or an obliga liquidation). See, however, paragraph ing corporation recognized under section tion of a corporation— (e) of this section for distributions to (i) Which is engaged in at least one trade which section 311 does not apply. For the 311 (b), (c), or (d), or under section or business, 341(f), 617(d), 1245(a), 1250(a), 1251 rule respecting the taxation of a corpo (ii) Which has not received property con ration making a distribution of property (c) , or 1252(a)) which is out of earnings stituting a substantial part of its assets from and profits accumulated during the por the distributing corporation, in a transaction in partial or complex liquidation, see tion of the uninterrupted period de to which section 351 applied or as a contri section 336. scribed in section 245(a) which ends at bution to capital, within the 5-year period (b) In any case in which a corpora the beginning of the taxable year. ending on the date of the distribution, and tion distributes with respect to its stock (iii) Third, compute the portion, if (iii) At least 50 percent in value of the out assets which have been part of an inven standing stock of which is owned by the tory, the value of which has been com any, of the adjusted basis of the prop distributing corporation at any time within erty (increased b y any gain to the dis the 9-year period ending 1 year before the puted for income tax purposes under tributing corporation recognized under date of the distribution; the method provided in section 472 (re section 311 (b), (c), or (d) , or under (C) A distribution before December 1, lating to last-in, first-out inventories), section 341(f), 617(d), 1245(a), 1250(a), 1974, of stock of a corporation substantially such corporation shall— 1251(c), or 1252(a)) which is out of all of the assets of which the distributing (1) Compute the amount of its inven sources other than earnings and profits corporation (or a corporation which is a tory under the method provided in sec of the taxable year and earnings and member of the same affiliated group (as tion 472 immediately prior to the distri defined in section 1504(a)) as the distribut profits accumulated during the uninter bution and immediately after such ing corporation) held on November 30, 1969, rupted period described in section 245 (a ) . if such assets constitute a trade or business distribution; (iv) Fourth, with respect to each of which has been actively conducted through (2) Compute the difference between the portions computed under subdivisions out the 1 -year period ending on the date of the two amounts described in subpara (i), (ii), and (iii) of this subparagraph, the distribution; graph ( 1) of this paragraph; determine the proportionate part of the (D ) A distribution of stock or securities (3) Compute the_ amount of its in fair market value of the property attrib pursuant to the terms of a final judgment ventory under the method authorized by utable to such portion. The proportionate rendered by a court with respect to the dis section 471 (relating to general rule for part of the fair market value attribut tributing corporation in a court proceeding inventories) immediately prior to the able to each portion shall be such fair under the Sherman Act (26 Stat. 209; 15 U.S.C. 1-7) or the Glayton Act (38 Stat. 730; distribution and immediately after such market value multiplied by the ratio 15 U.S.C. 12-27), or both, to which the distribution; which such portion bears to the sum of United States is a party, but only if the dis (4) Compute the difference between all portions. tribution of such stock or securities in re the two amounts determined under sub- demption of the distributing corporation’s stock is in furtherance of the purposes of the paragraph (3) of this paragraph. Par. 3. Sec. 1.311 is amended by revis judgment; ing subsection (a ) of, and adding a new If the amount computed under subpara (E) A distribution to the extent that sec graph (4) of this paragraph is in excess subsection (d) to, section 311, and by tion 303 (a) (relating to distributions in re inserting a historical note. These revised demption of stock to pay death taxes) applies of the amount computed under subpara and added provisions read as follows: to such distribution; graph ( 2 ) of this paragraph, then such (F) A distribution to a private foundation excess shall, under section 311(b), be § 1-311 Statutory provisions ; taxability included in the income of the corpora of corporation on distribution, in redemption of stock which is described in section 537(b)(2) (A) and (B); and tion for the year in which such distribu TaXatoility of corporation on dis- (G) A distribution by a corporation to tion occurs. In any case in which a (a) General rule. Except as pro- which part I of subchapter M (relating to corporation distributes assets which have Z, in subsections (b ), (c ), and (d ) o f regulated investment companies) applies, if section and section 453(d ), no gain or been a part of an inventory whose value such distribution is in redemption of its stock has been computed for income tax pur be rec°gnized to a corporation on upon the demand of the shareholder. distribution with respect to its stock, poses under the method provided in sec {Sec. 311 as amended by sec. 905 (a) and tion 472, such corporation shall on the stock) St°Ck ^or rlgtits to acquire its (b) (1), Tax Reform Act 1969 (83 Stat. 713, date of distribution record a specific 714)] statement of the amount of its inventory (2) Property. P ar. 4. Sec. 1.311-1 is amended by re under each of the applicable methods for * * * * * vising paragraphs (a), (b), and (d) to use in the determination of the amount stack A^ rec^ e^ property used to redeem, read as folows: of income includible under section 311. Section 311(b) and this paragraph do not (1) In general—If § 1.311—1 General. apply to any distribution which is gov (othi- corP°ration distributes property (a) Except as provided in subsections erned by section 311(d) (1). tloni (.„Ùan ,an ^ligation of such oorpora- vhioh », sbareh°lder in a redemption (to (b), (c), and (d) of section 311 and sec ***** his stopvUibpart A aPPlies) of part or all of tion 453(d) (relating to installment obli “«rtock in such corporation, and gations) no gain or loss recognized to a (d) Section 311(c) provides in general for the inclusion in the income of a cor erty LI!^Lfafr market value of such prop corporation on the distribution, with re- - 's the basis (in the hands spect to its stock, of stock, or rights to poration, on a distribution of property ^ne distributing corporation), acquire its stock, or property (regardless by such corporation to its shareholders, of an amount equal to the excess of a distribut?«!,11 ^Sicl sha11 be recognized to the of the fact that such property may have to such pvLCOrporation in an amount equal appreciated or depreciated in value since liability over the basis of the property had been oÜt? 5s ** *he Property distributed its acquisition by the corporation). How distributed. Thus, section 311(c) ap I n sold at the time of the distribution. ever, the proceeds of the sale of property plies where the property distributed is FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9140 PROPOSED RULE MAKING subject to a liability or where the share even though the effect of the transaction (2) A “ 10-percent shareholder,” for holder assumes a liability of the cor would have been the same if there had purposes of this paragraph, is a person poration in connection with the distri been actual redemptions. Section 311(d) who, at all times within the 12-month bution. For example, if property which applies where an acquisition of stock by period ending on the date of distribution, is a capital asset having an adjusted a corporation is treated under section 304 owned, without regard to section 318 (re basis to the distributing corporation of as a distribution in redemption of the lating to constructive ownership of $100 and a fair market value of $1,000 stock of either the acquiring or issuing stock), at least ID percent of the fair (but subject to a liability of $900) is corporation. Section 31 1 (d )(1 ) does not market value of all the outstanding distributed to a shareholder, such dis apply to a distribution in partial or com stock of the distributing corporation. tribution is taxable (as long-term or plete liquidation' of a corporation (see For purposes of the preceding sentence, short-term gain, as the case may be) to sections 331 through 346). In general, a person shall be considered to have the corporation to the extent of the ex the section does not apply to a distri owned stock during the period he was cess of the liability ($900) over the bution pursuant to a reorganization to considered to have held the stock by rea adjusted basis ($100) or $800. However, which part III or IV of subchapter C son of the application of section 1223, if in the preceding example the fair applies or to a distribution of stock or Where, under the provisions of subpart market value of the property distributed securities of a controlled corporation to E, part I, subchapter J, of the Code, any were $800, the amount taxable to the which section 355 (or so much of section person is treated as the owner of any por corporation is limited to the excess of 356 as relates to section 355) applies. tion of a trust, stock owned by such trust the fair market value of the property However, if the effect of the distribution shall not be considered as owned by such ($800) over its adjusted basis ($100) or is primarily a redemption, section 311(d) person. $700. If the property subject to a lia will apply. Thus, if one class of share (c) Distribution of stock of controlled bility were not a capital asset in the holders exchanges preferred stock for a corporation. (1) Section 311(d)(2)(B) hands of the distributing corporation, lesser amount of new preferred stock provides that section 311(d) (1) shall not the gain would be taxable as gain from (having similar rights and privileges) apply to a distribution of stock of a the sale of a noncapital asset. The hold and for other property, the transaction controlled corporation— ing period of assets so distributed shall will be considered a redemption for pur (i) W hich is engaged in at least one be determined as if such property were poses of section 311(d) rather than a trade or business, and sold on the date of the distribution. Sec distribution pursuant to a reorganiza (ii) W hich has not received property tion 311(c) and this paragraph do not tion to which part III or IV of subchap (including money) constituting a sub apply to any distribution which is gov ter C would apply. stantial part of its assets from the dis erned by section 311(d) <1>. (3) For purposes of this section, thetributing corporation, in a transaction term “appreciated property” means any ***** to which section 351 applied or as a con property whose fair market value on the tribution to capital, within the 5-year P ar. 5. The following new section is date of distribution exceeds its adjusted period ending on the date of distribu added immediately after 1.311-1 to read basis in the hands of the distributing tion. as follows: corporation. For purposes of determin ing the amount of gain which will be For purposes of this paragraph, a corpo § 1.311—2 Appreciated property used to ration is a “controlled corporation” if at redeem stock. recognized under this section, gain real ized from the distribution of appreciated least 50 percent of the fair market value (a ) In general. (1) Section 311(d)(1) property shall not be offset by any loss of its outstanding stock was owned by the distributing corporation at any time provides, in general, that gain is rec realized from the distribution of prop ognized to a corporation which distrib erty whose adjusted basis exceeds its within the 9-year period ending 1 year utes appreciated property (other than fair market value. The amount and na before the date of distribution. A distn- an obligation of such corporation) to its ture of gain recognized to a corporation bution of stock of a controlled corpora shareholders after November 30, 1969, in which distributes appreciated property tion does not qualify for treatment under a redemption (as defined in section shall be determined as if such property section 311(d)(2)(B) if the trade or 317(b) of its stock to which subpart A, business of such corporation was ac were sold for its fair market value on the part I, subchapter C, chapter 1 of the quired for the purpose of qualifying tne date of distribution. The nature of such Code applies, regardless of whether the distribution for treatment under that gain shall be determined by reference to redemption is treated as a distribution section. However, a trade or business all applicable provisions of law, includ of property to which section 301 applies. which was acquired more than y » ing section 1245. 1 Paragraphs (b) through (i) of this sec before the date of distribution wu tion contain exceptions and limitations (b ) Complete redemption of a 10-per presumed not to have been acquired i provided by section 311(d) ( 2) and sec cent shareholder. (1) Section 311(d)(2) (A) provides that section 311(d)(1) such a purpose. tion 905(c) of the Tax Reform Act of (2) (i) In determining, for purposes shall not apply to a distribution in com 1969 to the application of section 311(d) of subparagraph ( 1) (ii) of t^P& (1). These exceptions and limitations plete redemption of all the stock of a “ 10-percent shareholder,” provided such graph, whether property received prevent the recognition of gain to a cor the distributing corporation within in distribution qualifies as a redemption in poration upon a distribution of appreci -year period ending on the date of complete termination of such sharehold 5 ated property, but do not broaden the tribution constitutes a substantial pan er’s interest under section 302(b)(3). general nonrecognition provisions of sec of the controlled corporation’s a w * “V Sales and redemptions of stock which are tion 311(a). Thus, for example, if the amount of money received within proceeds of the sale of property in form substantially contemporaneous in time period plus the total fair market value and pursuant to a single plan shall be made by a shareholder, who received (determined on the date of ^jtrib treated as having occurred simultane such property from a corporation, are of the items of property specifiedins imputed to the corporation (see § 1.311- ously for purposes of determining wheth er a complete redemption has occurred divisions (ii), (iii), and dv) of t 1 (a )), the exceptions and limitations of paragraph shall be compared h and whether the distributee is a “ 10-per section 311(d) (2 ) would have no appli total fair market value of all the c cent shareholder”. For purposes of this cation. paragraph, section 318(a)(1) shall not (2) Section 311(d) applies only where iistribution. there is an actual redemption of stock apply with respect to a distribution de scribed in section 302(b) (3) where sec^ ii) Property other than ^ ° n0e/aJon as a result of the distribution. Thus, sec ved from the distributing c°rPided g tion 311(d) does not apply where there tion 302(c) (2) (B) does not apply and where immediately after the distribu ill be taken into account, provided is a distribution of appreciated property leld or owned by the controlled cor tion the distributee has no interest in pro rata among all shareholders and ation on the date of distnbuti • such shareholders do not transfer any the corporation (including an interest iii) If money is transferred of their stock to the distributing cor as an officer, director, or employee) other tributing corporation to me poration in exchange for such property than an interest as a creditor. FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 PROPOSED RULE MAKING 9141 trolled corporation and then is used, pur paragraph as in paragraph (c) of deemable security (as defined in section suant to a plan of the distributing cor § 1.355-1. 2 (a) (31) of ¿he Investment Company poration existing at the time of transfer, (e ) Distributions pursuant to anti Act of 1940 (54 Stat. 790; 15 U.S.C. 80a- to acquire property which the controlled trust judgments. Section 311(d)(2)(D) 2(a)(31))). corporation holds or owns on the date provides that section 311(d) (1) shall not (i) Transitional Rules. Section 311(d) of distribution, then the acquired prop apply to a distribution of stock or securi does not apply to— erty, in lieu of the money transferred, ties pursuant to the terms of a final ju d g (1) A distribution before April 1, 1970, shall be taken into account. ment rendered by a court with respect to pursuant to the terms of— (iv) If property (other than money) the distributing corporation in a court (1) A written contract which was received from the distributing corpora proceeding under the Sherman Act (26 binding on the distributing corporation tion (or property acquired pursuant to Stat. 209; 15 U.S.C. 1-7) or the Clayton on November 30, 1969, and at all times plan with money received from the dis Act (38 Stat. 730; 15 U.S.C. 12-27), or thereafter before the distribution, tributing corporation) is exchanged for both, to which the United States is a (ii) An offer made by the distributing other property in a transaction in which party, but only if the distribution of corporation before December 1, 1969, gain or loss is not recognized in whole such stock or securities in redemption or in part to the controlled corporation, of the distributing corporation’s stock (iii) A n offer made in accordance with a request for a ruling filed by the dis the property received in the exchange is in furtherance of the purposes of the shall be taken into account, provided it judgment. A distribution in redemption tributing corporation with the Internal is held or owned by the controlled cor of the distributing corporation’s stock Revenue Service before December 1, 1969, or poration on the date of distribution. will be considered in furtherance of the (3) The principles of this paragraph purposes of the judgment if the court (iv) An offer made in accordance with may be illustrated by the following finds that such distribution is necessary a registration, statement filed with the examples: or appropriate to effectuate the policies Securities and Exchange Commission be Example (1 ). Corporation M, a toy manu of the Sherman Act, or the Clayton ‘Act, fore December 1, 1969. facturer, is a controlled corporation of cor or both. Absent such a finding by the For purposes of subdivisions (ii), (iii), poration N. On June 1, 1970, N contributes court, it is a question of fact in each and (iv) of this subparagraph, an offer $200,000 to M’s capital. On January 1 , 1971, case whether the distribution is in fur N contributes real estate with a fair market shall be treated as an offer only if it was value of $50,000 to M ’s capital. On Febru therance of the purposes of the in writing and not revocable by its ex ary 1, 1975, when N distributes M stock to judgment. press terms. its shareholders in redemption of its own (f ) Distributions in redemption of (2) A distribution by a corporation of stock, such real estate, still owned by M, stock to pay death taxes. Section 311(d) specific property in redemption of stock has a fair market value of $100,000. On the’ (2) (E) provides that section 311(d) (1) outstanding on November 30, 1969, if— date of distribution the total fair market shall not apply to a distribution to the value of all M’s assets is $10 million. The dis (i) Every holder of such stock on such extent that section 303(a) (relating to tribution meets the requirements of section date had the right to demand redemp distributions in redemption of stock to 311(d) (2) (B) and therefore no gain is recog tion of his stock in such specific property, nized to N under section 311(d) (1). pay death taxes) applies to such distri and Example (2). Corporation R is a controlled bution. If a corporation distributes both corporation of corporation S. On April 1 1970 appreciated property and other property (ii) The corporation had such specific S contributes $500,000 to R which, pursuant in a single distribution and if the total property on hand on such date in a quan to a plan of S existing at the time of the distribution exceeds the amount which tity sufficient to redeem all of such stock. contribution, R uses to purchase certain se- qualifies for treatment under section For purposes of the preceding sentence, v’ ,0n JuJy 1> 1970> s contributes an mce building to R. On December 1, 1972, 303, then for purposes of applying sec stock shall be considered to have been such building is exchanged for another build- tion 311(d)(2)(E) and this paragraph, outstanding on November 30, 1969, if it , ® 7* a transaction to which section 1031 the appreciated property shall be con could have been acquired on such date “i? t0 exch»nge of property held for sidered as distributed before such other through the exercise of an existing right productive use or investment) applies. On property and to be in redemption of of conversion contained in other stock February l, 1975, when S distributes R stock stock described in section 303(a) to the held on such date. JS shareholders in redemption of its own extent thereof. b0th the Purchased securities and the (3) A distribution by a corporation of omming received in the exchange are owned (g ) Distributions to private founda property (held on December 1, 1969, by 0n such date, the building and the se- tions. Section 311(d)(2)(F) provides the distributing corporation or a corpo eaSh has a fair market value of $2 that section 311(d)(1) shall not apply ration which was a wholly owned sub DronM* value of contributed to a distribution to a private foundation sidiary of the distributing corporation on im «VL, PurPoses of subparagraph ( 1 ) (as defined in section 509) in redemp such date) in redemption of stock out ParagraPh is $4 million. On the tion of stock described in section standing on November 30, 1969, which is vain* nr dlftrlbution the total fair market 537(b)(2) (A) and (B) and the regu redeemed and canceled before July 31 tribnHnJ , 5 s assets is * 8 million. The dis lations thereunder. If a coporation dis 1971, if— section qiwi1?/«? meet the requirements of R’s rnrJ^i ^ (2) (B ) since S contributed to tributes to a private foundation both (i) Such redemption is pursuant to a within+v.al ra substantial part of R ’s assets appreciated property and other prop resolution adopted before November 1, erty in a single distribution and if the of distribution6^ Gnding ° n date 1969, by the Board of Directors authoriz total distribution exceeds the amount ing the redemption of a specific amount I)p?1JLertain distributions made before which qualifies for treatment under of stock constituting more than 10 per D i S ^ u 1' 1974‘ Section 311(d) (2) (C) section 537(b) (2) (A) and (B ), then for cent of the outstanding stock of the cor Provides that section 311(d) ( 1) shall not purposes of applying section 311(d) poration at the time of the adoption of ber i 1 or, ,a distribution before Decem- (2) (F) and this paragraph, the appreci such resolution; and ated property shall be considered as dis stanHoii, ’ stock of a corporation sub- (ii) More than 40 percent of the stock tributed before such other property and distrihilr a11 0f the assets of which the authorized to be redeemed pursuant to to be in redemption of stock described in 2 J2 S5K corporation (or a corpora- such resolution was redeemed before De X L 18 a member of the same affil- section 537(b)(2) (A) and (B), to the cember 30,1969, and more than one-half extent thereof. l504(aiT°Up . (as defined in section of the stock so redeemed was redeemed tion) heiHaS distributing corpora- (h ) Distribution by regulated invest with property other than money. ¿eteo!f°,nA ovember 30> 1969> ^ such ment company. Section 311(d)(2)(G) (4) A distribution of stock by a corpo which a trade or business provides that section 311(d) (1) shall not ration organized prior to December 1, throughoiS th1?6n actively conducted apply to a distribution by a corporation 1969, for the principal purpose of pro on the dot« * one-year period ending to which part I, subchapter M, chapter 1 viding an equity participation plan for “active c o n lii djstribution- The term of the Code (relating to regulated invest employees of the corporation whose stock shall havild+'iCt of a trade or business” ment companies) applies, provided such ave the same meaning in this is being distributed (hereinafter referred distribution is in redemption of a re to as the “employer corporation”) if— FEDERAL REGISTER, V O L 36, NO. 98— THURSDAY, MAY 20, 1971 9142 PROPOSED RULE MAKING (i) The stock being distributed was delegate. Prior to the final adoption of (iii) of paragraph (a )( 2) as (iii) and owned by the distributing*corporation on such regulations, consideration will be (iv) respectively and adding a new sub November 30,1969, given to any comments or suggestions division (ii) to paragraph (a) (2), by re (ii) The stock being redeemed was ac pertaining thereto which are submitted vising paragraph (a) (3) (i), by revising quired before January 1, 1973, pursuant in writing, preferably in quintuplicate, paragraph (b) ( 1), and by revising para to such equity participation plan by the to the Commissioner of Internal Revenue, graph (b) ( 2) ( i ) . These amended and shareholder presenting such stock for Attention: CC:LR:T, Washington,* D.C. added provisions read as follows: 20224, by June 21,1971. Any written com redemption (or by a predecessor of such § 1.278—1 Capital expenditures incurred shareholder), ments or suggestions not specifically des in planting and developing citrus and (iii) The employment of the share ignated as confidential in accordance almond groves. holder presenting the stock for redemp with 26 C F R 601.601 (b ) may be inspected tion (or the predecessor of such share by any person upon written request. Any (a ) General rule. ( 1) (i) Except as pro holder) by the employer corporation person submitting written comments or vided in subparagraph (a) (iii) of thi* commenced before January 1, 1971, suggestions who desires an opportunity paragraph and paragraph (b) of this (iv) At least 90 percent in value of the to comment orally at a public hearing section, there shall be charged to capital assets of the distributing corporation on on these proposed regulations should account any amount (allowable as a de November 30, 1969, consisted of common submit his request in writing, to the duction without regard to section 278 or stock of the employer corporation, and Commissioner by June 21, 1971. In such this section) which is attributable to the (v) At least 50 percent of the out case, a public hearing will be held, and planting, cultivation, maintenance, or standing voting stock of the employer notice of the time, place, and date will development of any citrus or almond corporation is owned by the distributing be published in a subsequent issue of grove (o r part th ereof), and which is in curred before the close of the fourth tax corporation at any time within the 9-year the F ederal R e g ist e r . The proposed reg period ending 1 year before the date of ulations are to be issued under the au able year beginning with the taxable year such distribution. thority contained in section 7805 of the in which the trees were planted. For pur poses of section 278 and this section, such P a r . 6. Section 1.312 is amended by re Internal Revenue Code of 1554 ( 68A Stat. vising section 312(c) (3) and the his 917; 26 U.S.C. 7805). an amount shall be considered as "in curred” in accordance with the tax torical note to read as follows: [ s e a l ] R a n d o l p h W . T h r o w e r , payer’s regular tax accounting method § 1.312 Statutory provisions; effect on Commissioner of Internal Revenue. used in reporting income and expenses earnings and profits. In order to conform the Income Tax connected w ith' the citrus or almond Sec. 312. Effect on earnings and prof Regulations (26 CFR Part 1) under sec grove operation. For purposes of this its. * * * tion 278 of the Internal Revenue Code of paragraph, the portion of a citrus or al (c) Adjustment for liabilities, etc. * * * 1954 to the Act of January 12,1971 (P u b mond grove planted in 1 taxable year (3) Any gain to the corporation recog lic L aw 91-680, 84 Stat. 2064), such shall be treated separately from the por nized under subsection (b), (c), or (d) of tion of such grove planted in another section 311, under section 341(f), or under regulations are amended as follows: P aragraph 1. Section 1.278 is amended taxable year. The provisions of section section 617(d)(1), section 1245(a), 1250(a), 278 and this section apply to taxable 1251(c), or 1252(a). to read as follows: years beginning after December 31,1969, • * * * * § 1.278 Statutory provisions; capital ex in the case of a citrus grove, and to tax (Sec. 312 as amended by sec. 13(f)(3), Rev. penditures incurred in planting and able years beginning after January 12, Act 1962 (76 Stat. 1035) ; sec. 231 (b ) (3), Rev. developing citrus and almond groves. 1971, in the case of an almond grove. Act 1964 (78 Stat. 105); sec. 1 (b) (1 ), Act of Sec. 278. Capital expenditures incurred in Aug. 22, 1964 (Public Law 88-484, 78 Stat. ***** planting and developing citrus and almond 597) ; sec. 1 (b ) (3 ), Act of Sept. 12,1966 (Pu b groves— (a) General rule. Except as provided (2) * * * lic Law 89-570, 80 Stat. 762); secs. 211(b) (3) in subsection (b), any amount (aUowable (ii) For purposes of section 278 and and 905(b) (2), Tax Reform Act 1969 (83 Stat. as a deduction without regard to this sec this section, an “almond grove” is defined 570,714)) tion) , which is attributable to the planting, as one or more amygdalaceous trees. P a r . 7. Section 1.312-3 is amended to cultivation, maintenance, or development of (iii) An amount attributable to the read as follows: any citrus or almond grove (or part thereof), cultivation, maintenance, or develop and which is incurred before the close of ment of a citrus or almond grove (or part § 1.312—3 Liabilities. the fourth taxable year beginning with the taxable year in which the trees were planted, thereof) shall include, but shall not be The amount of any reductions in earn shall be charged to capital account. For pur limited to, the following developmental ings and profits described injsection 312 poses of the preceding sentence, the portion or cultural practices expenditures: Im- (a) or (b) shall be (a) reduced by the of a citrus or almond grove planted in 1 gation, cultivation, pruning, fertilizing, amount of any liability to which the taxable year shall be treated separately from management fees, frost protection, property distributed was subject and by the portion of such grove planted in another spraying, and upkeep of the citrus or al the amount of m y other liability of the taxable year. mond grove. The provisions of section corporation assumed by the shareholder (b ) Exceptions. Subsection (a) shall not 278(a) and this paragraph shall apply W apply to amounts allowable as deductions in connection with such distribution, and (without regard to this section), and attrib expenditures for fertilizer and relatea (b) increased by the amount of gain utable to a citrus or almond grove (or part materials notwithstanding the provisions recognized to the corporation under sec thereof) which was: of section 180, but shall not apply to ex tion 311 ( b ) , ( c ) , or ( d ) , or under section (1) Replanted after having been lost or penditures attributable to real estate 341(f), 617(d), 1245(a), 1250(a), 1251 damaged (while in the hands of the tax taxes or interest, to soil and water co • (c) ,or 1252(a). payer) , by reason of freeze, disease, drought, servation expenditures allowable as a a [F R Doc.71-7050 Filed 5-19-71;8:49 am] pests, or casualty, or deduction under section 175, o r .. (2) Planted or replanted before— expenditures for clearing land allowa (A ) December 30, 1969, in the case of a as a deduction under section 182. r [ 26 CFR Part 1 ] citrus grove, or ther, the provisions of section 278(a) an CAPITALIZATION OF COSTS ON PLAN (B ) December 30, 1970, in the case of an this paragraph apply only to expe _ NING AND DEVELOPING ALMOND almond grove. tures allowable as deductions without re GROVES [Sec. 278 as added by sec. 216, Tax Reform gard to section 278 and bave_ Act 1969 (83 Stat. 373); as amended by Act application to expenditures otherwi Notice of Proposed Rule Making of January 12, 1971 (Public Law 91-680, 84 chargeable to capital account, su Stat. 2064)] the cost of the land and preparatory ex Notice is hereby given that the regula penditures incurred in tions set forth in tentative form in the P ar. 2. Section 1.278-1 is amended by connectio revising the title thereof, by revising par the citrus or almond grove. j attached appendix are proposed to be (iv) For purposes of section 278 a ^ prescribed by the Commissioner of In agraph (a )(l)(i), by revising subdivi this section, a citrus or almond tr ^ ternal Revenue, with the approval of sions (ii) and (iii) of paragraph (a) ( 2), be considered to be “planted the Secretary of the Treasury or his by renumbering subdivisions (ii) and FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 PROPOSED RULE MAKING 9143 date on which the tree is placed in the and transition area to provide controlled That airspace extending upward from 700 permanent grove from which production airspace to protect aircraft executing the feet above the surface within a 9-mile radius is expected. instrument approach procedures for of the center, 41°15'28" N., 8O*40'34" W . of Youngstown Municipal Airport, Youngs (3) (i) The period during which ex Youngstown Municipal Airport. In addi penditures described in section 278(a) town, Ohio; within a 7-mile radius of the tion, the Youngstown, Ohio (Lansdowne center, 41°03'33" N., 80°49'55'' W. of Youngs and this paragraph are required to be Airport), transition area and the town Executive Airport, Youngstown, Ohio; capitalized shall, once determined, be un •. Youngstown, Ohio (Youngstown Execu within a 5.5 mile radius of the center, affected by a sale or other disposition of tive Airport), transition area will be re 41°07'45” N., 80°37'15" W . of Lansdowne the citrus or almond grove. Such period voked and ihe controlled airspace re Airport, Youngstown, Ohio; within 3.5 miles shall, in all cases, be computed by refer quired to protect aircraft executing the each side of the Youngstown VORTAC 358° ence to the taxable years of the owner instrument approaches to these airports radial, extending from the Youngstown Mu nicipal Airport 9-mile radius area to 11.5 of the grove at the time that the citrus will be included in the proposed altera or almond trees were planted. Therefore, miles north of the Youngstown VORTAC; tion of the Youngstown, Ohio, transi within 3.5 miles each side Youngstown Mu if a citrus or almond grove subject to the tion area. * nicipal Airport ILS localizer southeast course, provisions of section 278 or this para Interested persons may submit such extending from the OM to 11.5 miles south graph is sold or otherwise transferred written data or views as they may desire. east of the OM; within 4.5 miles each side of by the original owner of the grove before Communications should be submitted in the Youngstown VORTAC 203° radial, ex the close of his fourth taxable year tending from 9 miles southwest of the triplicate to the Director, Eastern Re beginning with the taxable year in which VORTAC to 15.5 miles southwest of the gion, Attention; Chief, Air Traffic Divi the trees were planted, expenditures de VORTAC; within 5 miles each side of the sion, Department of Transportation, scribed in section 278(a) or this p ara 023° radial of the Youngstown VORTAC ex Federal Aviation Administration, Fed tending from the Youngstown Municipal graph made by the purchaser or other eral Building, John F. Kennedy Inter Airport 9-mile radius area to 11.5 miles north transferee of the citrus or almond grove national Airport, Jamaica, N.Y. 11430. of the VORTAC. from the date of his acquisition until the All communications received within 30 close of the original holder’s fourth (b) Revoke the Youngstown, Ohio days after publication in the F ederal such taxable year are required to be (Lansdowne Airport) transition area. capitalized. R eg ister will be considered before ac (c) Revoke the Youngstown, Ohio tion is taken on the proposed amend * * * ' * 4c (Youngstown Executive Airport) tran ment. No hearing is contemplated at sition area. (b) Exceptions. ( ) Paragraph (a) of 1 this time, but arrangements may be This amendment is proposed under this section shall not apply to amounts made for informal conferences with section 307(a) of the Federal Aviation allowable as deductions (without regard Federal Aviation Administration officials Act of 1958, 72 Stat. 749; 49 U.S.C. 1348, to section 278 or this section) and attrib by contacting the Chief, Airspace and and section 6 (c) of the DOT Act, 49 utable to a citrus or almond grove (or Procedures Branch, Eastern Region. U.S.C. 1655(c). part thereof) which is replanted by a Any data or views presented during Issued in Jamaica, N.Y., on May 4, taxpayer after having been lost or dam such conferences must also be submitted 1971. aged (while in the hands of such tax in writing in accordance with this notice payer) by reason of freeze, disease, in order to become part of the record W a y n e H e n d e r s h o t , drought, pests, or casualty. Acting Director, Eastern Region. for consideration. The proposal con ( ) (i) Paragraph (a) of this section 2 tained in this notice may be changed in [FR Doc.71-7009 Filed 5-19-71;8:46 am] shall not apply to amounts allowable as - the light of comments received. deductions (without regard to section 278 or this section), and attributable to The official docket will be available for a citrus grove (or part thereof) which examination by interested persons at the SECURITIES AND EXCHANGE was planted or replanted prior to Decem- Office of Regional Counsel, Federal Avia tion Administration, Federal Building, or an almond grove (or part thereof) which was planted or re John F. Kennedy International Airport, COMMISSION Jamaica, N.Y. planted prior to December 30, 1970. [1 7 CFR Parts 270, 274 ] * * * * The Federal Aviation Administration, having completed a review of the air [Release No. IC-6527] [PR Doc.71-7049 Piled 5-19-71;8:49 am] space requirements for the terminal area CONTRACTUAL PLANS FOR MUTUAL of Youngstown, Ohio, proposes the air space action hereinafter set forth: FUND SHARES AND VARIABLE ANNUITIES DEPARTMENT OF ,1. Amend § 71.171 of Part 71 of the Federal Aviation Regulations so as to Notice of Public Conference delete the' description of the Youngs TRANSPORTATION town, Ohio, control zone and insert the On April 29, 1971, the Commission following in lieu thereof: published for comment Investment Com Federal Aviation Administration pany Act Release No. 6493, published in Within a 5-mile radius of the center, the F ederal R eg ister for M ay 4, 1971 at M4 CFR Part 71 1 41°15'28" N., 80°40'34" W. of Youngstown 36 F.R. 8319, notice of proposals under [Airspace Docket No. 71-EA-29] Municipal Airport, Youngstown, Ohio; within 2 miles each side of the extended centerline the Investment Company Act of 1940 to CONTROL ZONE AND TRANSITION of Runway 5, extended from the 5-mile radius (a) adopt rules 27d-l, 27e-l, 27f-l, 27g- AREAS zone to 6 miles northeast of the center of 1, 27h-l, and Forms N-27D-1, N-27E-1, the airport; within 2 miles each side of the N-27F-1, N-27F-2, and N-27F-3 with re Proposed Alteration and Revocatioi extended centerline of Runway 14, extended spect to reserve, notice and refund re from the 5-mile radius zone to 5.5 miles quirements in connection with the sale is^n FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9144 PROPOSED RULE MAKING should, on or before May 24, 1971, write U.S.C. 632), notice is hereby given that Code of Federal Regulations by adding to the Securities and Exchange Com the Small Business Administration pro new § 121.3-8(h) to read as follows: mission, Washington, D.C. 20549 setting poses to establish a definition .of small § 12T1.3—8 Definition of small business forth the persons or associations which business for Standard Industrial Clas he represents and suggesting the time sification Industry No. 0851, Forestry for Government procurement. desired to present his views. Only those Services, for the purpose of Government * * * * * persons who have submitted a written procurement. (h ) Forestry services. Any concern presentation at least 2 days prior to the Section 121.3-8 of the Regulation pro bidding on a contract for forestry serv date of the public conference will be vides that, if no standard is set forth in ices (Standard Industry Classification heard. At the opening of the conference § 121.3-8 for a particular industry, field Industry No. 0851) is classified as small if the Chairman will allot the time among of operation or activity, the applicable its average annual receipts for its pre the persons requesting to be heard. size standard is 500 employees. ceding three (3) fiscal years do not ex By the Commission, May 17, 1971. No separate size standard has been ceed $1 million. established for SIC Industry No. 0851 Interested parties may file-with the [ s e a l ! T h eo d o re L . H u m e s , above, and therefore currently the ap Small Business Administration within 30 Associate Secretary. plicable size standard for the purpose of days of publication of this proposal in [FR Doc.71-7101 Filed 5-19-71;8:49 am] procurement of a service classified in the F ed eral R e g is t e r , written statements such industry is 500 employees. of facts, opinions or arguments con Government data reveals that 97 per cerning the proposal. cent of the businesses engaged in forestry SMALL BUSINESS All correspondence shall be addressed and providing forestry services, have to: ADMINISTRATION annual receipts under $1 million, and to [ 13 CFR Part 121 1 gether account for 78 percent of total Associate Administrator for Procurement and Management Assistance, Small Business receipts. Under these circumstances, it is SMALL BUSINESS SIZE STANDARDS Administration, 1441 L Street NW., Wash believed that million in annual $1 ington, DC 20416. Attention: Size Stand receipts is a more appropriate definition Proposal To Establish Definition of ards Staff. Small Business for Forestry Services of small business than 500 employees for Purpose of Government Procure which apparently includes substantially Dated: M ay 12, 1971. ment all concerns engaged in these activities. T h o m as S. K leppe, Administrator. Pursuant to authority contained in Accordingly it is proposed to amend section 3 of the Small Business Act (15 Part 121 of Chapter I of Title 13 of the [FR Doc.71-7004 Filed 5-19-71;8:46 am] FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 197Ï 9145 Notices ulations, procedures, and policies now or DEPARTMENT OF STATE hereafter established or modified and DEPARTMENT OF THE INTERIOR promulgated within A.I.D. Agency for International Development Bureau of Land Management 2. Any actions taken prior to the ef OFFICES OF INTERNATIONAL fective date hereof by officers duly [0-12867] TRAINING AND PUBLIC SAFETY authorized pursuant to superseded dele COLORADO Redelegation of Authority Regarding gations are hereby continued in effect ac cording to their terms until modified, Notice of Proposed Withdrawal and Contracting Functions revoked, or superseded by action of the Reservation of Lands Pursuant to the authority delegated officers to whom relevant authority has M a y 13,1971. to me by Delegation of Authority No. 17 been delegated in this delegation. The Forest Service, U.S. Department from the Administrator of the Agency 3. Nothing herein shall be construed for International Development, dated of Agriculture, has filed an application, March 13, 1969 (34 F.R. 6446), I hereby to derogate from the authority of the Serial No. C-12867, for the withdrawal redelegate to the incumbents of the po Chief, Contract Services Division, and of the lands described below, from pros sitions in the Office of International the Contracting Officers of the Contract pecting, location and entry under the Training (O IT ) and the Office of Public Operations Branch, Contract Services General Mining Laws only, subject to valid existing rights. Safety (OPS) designated on the table Division, Office of Procurement, in their which appears following paragraph 4 of The applicant desires the lands for discretion, at any time to exercise any this delegation, and within the limits public recreation areas. of the functions herein delegated. stated for each position in the table, au Until June 22, 1971, all persons who thority to sign or approve the documents • 4. The authorities delegated herein wish to submit comments, suggestions, or specified therein for purposes related to may not be redelegated, but may be ex objections in connection with the pro the participant training program. ercised by persons who are performing posed withdrawal may present their 1. The authorities herein delegated are the functions of the designated officers views in writing to the undersigned officer of the Bureau of Land Manage to be exercised in accordance with reg in an “Acting” capacity. ment, Department of the Interior, Colo Officers A u t h o r iz e d t o O b t a in G o o d s a n d Se r v ic e s R e l a t iv e t o t h e P a r t ic ip a n t T r a in i n g P r o g r a m rado Land Office, Room 15019 Federal Building, 1961 Stout Street, Denver, CO Director, and his Deputy; 80202. Assistant Director for Pro gram, and his Deputy, The Department’s regulations (43 C FR OIT. 2311.1-3(o)) provide that the authorized Director, and his Deputy; Assistant Di Chiefs, Pro Development officer of the Bureau of Land Manage Chief Training Division, rector for gram Divi Training ment will undertake such investigations, and his Deputy, OPS. Administra sion Training Specialists, as are necessary to determine the exist tion; Head, Branches, OIT/PD Contract OIT/PD ing and potential demand for the lands Office, OIT/ and their resources. He will also under AD take negotiations with the applicant agency with the view of adjusting the 150,000... . N il...... $3,500______Nil______1 . Task Orders Against Basic Ordering Agreements with universities or application to reduce the area to the other educational institutions (in minimum essential to meet the appli cluding firms and organizations cant’s needs, to provide for the maximum engaged in training) for participant training costs. concurrent utilization of the lands for $50,000. . Nil______$3,500...... N il...... Contracts with universities or edu- purposes other than the applicant’s, to cational institutions for participant training costs based on published eliminate lands needed for purposes catalog tuition prices or other more essential than the applicant’s, and published mediums by which the institutions announce terms and to reach agreement on the concurrent conditions for enrollment. management of the lands and their $7,500.. $7,500 Nil Nil Interpreting (including translating) resources. services contracts and field pro $2,500.. gram manager contracts. The authorized officer will also prepare $2,500 $1 000 > $1 000 Purchase Orders to effect purchases a report for consideration by the Secre related to the participant training program in accordance with pro tary of the Interior who will determine cedures set forth in Federal Pro whether or not the lands will be with curement Regulations Subpart 1-3. drawn as requested by the applicant agency. 1 This authority may also be executed by Field Program Managers, OIT. The determination of the Secretary on AiitwiK Re<*elegation of Authority supersedes in its entirety the Redelegation of the application will be published in the rio+ij» y Incumbents, Offices of International Training and Public Safety, oatedAugust24,1970 (35F.R. 13801). F e d e r al R e g is t e r . A separate notice will • This Redelegation of Authority shall be effective immediately. be sent to each interested party of record. Dated: May 12,1971. If circumstances warrant, a public L a n e D w i n e l l , hearing will be held at a convenient time Assistant Administrator and place, which will be announced. for Administration. The lands involved in the application [F R Doc.71-7021 Filed 5-19-71;8:47 am] are: Ko. 98—P t. I- FEDERAL REGISTER, V O L 36, NO, 98— THURSDAY, MAY 20, 1971 »146 NOTICES G u n n is o n N ational F orest NEW MEXICO PRINCIPAL MERIDIAN DEPARTMENT OF AGRICULTURE Tomichi Creek Picnic Ground Consumer and Marketing Service T. 48 N., R. 5 E., Sec. 30, lots 5, 10, Sy2N E ^ N E % , Ny2SE% HUMANELY SLAUGHTERED LIVESTOCK NEI4.. Identification of Carcasses; Changes in Lists of Establishments Snowblind Campground Pursuant to section 4 of the Act of August 27, 1958 (7 U.S.C. 1904), and the T. 49 N., R. 5 E., statement of policy thereunder in 9 CFR 381.1, the lists (36 F.R. 3205, 4710, and Sec. 9, lots 4, 5, W % SW % N E% . 7025) of establishments which are operated under Federal inspection pursuant to Middle Quartz Campground the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and which use humane T. 50 N., R. 5 E., methods of slaughter and incidental handling of livestock are hereby amended as sec. 4, wy2swy4, NWi/4; indicated in the following table listing species at additional establishments and Sec. 5, S E ^ N E ^ , Ni/2N E ^ S E % . additional species at previously listed establishments that have been reported as being slaughtered and handled humanely. Mesa Campground Establishments Slaughtering H umanely T. 49 N„ R. 6 W., Sec. 27, S& SW % SE % . Name of establishment Establishment No. Cattle Calves Sheep Goats Swine Horses Mules SIXTH PRINCIPAL MERIDIAN Timberline Overlook 179 . -■ ' (*) 473B (*) T. 14 S„ R. 81 W. Castle Brands, In d ...______816 (*) ...... Sec. 11, Ei/2NW 14NESW %, Ey2NEV4SW%. 5500 (*) H ...... 6175 . H (*) (*) h ...... Cottonwood Pass Observation Site . 7023 . (*) (*) (*> ...... Kentucky Sausage Co., Inc...... 7300 h ...... T. 14 S., R. 81 W., 7620 0 (*) ...... Sec. 14,. SE1/4NW14SE54. New establishments reported: 8. ‘'Ny ’ 2HT . . (*) Avery Peak Campground City Custom Packing Co., Inc______387 (*) (*) 899 (*) T. 12 S., R. 86 W., 2398 (*) Protraction Diagram No. 15 dated 5-10-65. 7003 (*) (*) ...... Sec. 33, NWy4NE‘/4. Kachino Packing Co______7040 Fred Bom______7648 M ...... Species Added: 8. The areas described aggregate approxi mately 350 acres. J. E l l io t t H a l l , Done at Washington, D.C., on M ay 14,1971. Chief, Division of Lands and K e n n e t h M . M cE nroe, Minerals Program Manage Deputy Administrator, Meat ment and Land Office. and Poultry Inspection Program. [FR Doc.71-7017 Filed 5-19-71;8:47 am] [FR Doc.71-6996 Filed 5-19-71;8:45 am] Office of the Secretary tobacco inspection and price support [Colorado 0123957] services to new markets and to additional TOBACCO INSPECTION AND PRICE sales on designated markets, as amended, COLORADO SUPPORT SERVICES effective September 10,1969 (7 CFR Part 29, Subpart A, 34 F.R. 14461). Notice of Partial Termination of Pro Notice of Public Hearings Regarding posed Withdrawal and Reservation Done at Washington, D.C., this 18th Applications day of M ay 1971. of Lands Notice is hereby given of public hear C liffo r d M. H ardin, Notice of a Bureau of Reclamation, ings to be held upon the applications Secretary of Agriculture.- U.S. Department of the Interior.Appli of the following designated tobacco mar [FR Doc.71-7066 Filed 5-19-71:8:49 am] cation, Colorado 0123957, for withdrawal kets for additional inspection and price and reservation of lands for reclamation support services to cover one additional purposes in connection with the White sale on each market: Water Unit, Colorado River Storage Mullins Warehouse Association, Mul DEPARTMENT OF COMMERCE Project, was published as F.R. Doc. 64- lins, S.C., by J. L. Dew, President. The National Oceanic and Atmospheric 10234, on pages 13909 and 13910 of the hearing upon this application will be issue of October 8, 1964. The applicant held May 25, 1971, at the County Agri Administration agency has cancelled its application in cultural Building in Mullins, S.C., [Docket No. S-555] sofar as it affects the following described beginning at 9:30 a.m., e.d.t. HENRY C. AND SARA M. VESSELL lan d s: Farmville Tobacco Board of Trade, U te M eridian, Colorado Farmville, N.C., by Robert P. Pierce, Notice of Loan Application President. The hearing upon this appli M a y 17,1971. T. 2 S., R. 1 E„ cation will be held May 26, 1971, in the Sec. 4, W y2 SW NW %, containing 20 Courtroom, Municipal Building, Farm Henry C. Vessell and Sara M. Vessell, acres. ville, N.C., beginning at 9:30 a.m., e.d.t. 27 Pioneer Road, Brookings, OR • Therefore, pursuant to the regulations Danville Tobacco Association, Dan ave applied for a loan from the contained in 43 CFR, Part 2311, such ville, Va., by W . N. Terry, Jr., President. ries Loan Fund to aid in financing^ urchase of a new 4 6 -fo o t length _ lands, at 10 a.m., on June 17, 1971, will The hearing upon this application will be relieved of the segregative effect of be held M ay 27, 1971, in the Federal rood vessel to engage in the ness ilmon, albacore, shrimp, Dungeness the above-mentioned application. Courtroom, U.S. Post Office Building, Danville, Va., beginning at 9:30 a.m., rab, and bottomfish. ,hp J. E l l io t t H a l l , e.d.t. Notice is hereby given, Pursuant Chief, Division of Lands and The aforesaid public hearing will be revisions of 16 U.S.C. 742c, Minerals, Program Manage conducted and evidence received pur oan Fund Procedures (50 CFR ment and Land Office. suant to the joint policy statement and s revised), and Reorganization « of 1970, that the above entitled app [FR Doc.71-7020 Filed 5-19-71;8:47 am] regulations governing the extension of FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 NOTICES 9147 cation is being considered by the National forth in the proposed amendment, and Of seriohs overcrowding of terminal fa Marine Fisheries Service, National Oce concludes that the issuance of the cilities by passengers and their guests, anic and Atmospheric Administration, amendment will not be inimical to the and as well about the overcrowding and Department of Commerce, Interior common defense and security or to the delays of aircraft at the limited number Building, Washington, D.C. 20235. Any health and safety of the public. ■of gate positions available. PNYA by person desiring to submit evidence that Within 1-5 days from the date of pub telegram dated May 11, 1971, supports the contemplated operation of such ves lication of this notice in the F ederal the FASCO request, and urges that dis sel will cause economic hardship or in R eg ist e r , the applicant may file a request cussions be authorized “to avoid repeti jury to efficient vessel operators already for a hearing, and any person whose tion of the serious crowding that has oc operating in that fishery must submit interest may be affected by the issuance curred in the past.” 2 such evidence in writing to the Director, of this amendment may file a petition Upon consideration of the matter, we National Marine Fisheries Service, with for leave to intervene. Requests for a have decided to grant FASCO’s request in 30 days from the date of publication hearing and petitions to intervene shall for multicarrier discussions, subject to of this notice. I f such evidence is received be filed in accordance with the provisions the restrictions set forth below. The in it will be evaluated along with such other of the Commission’s rules of practice, stant circumstances are very similar to evidence as may be available before mak 10 CFR Part 2. If a request for a hear those which caused us to authorize dis ing a determination that the contem ing or a petition for leave to intervene cussions relating to congestion at the plated operation of the vessel will or will is filed within thé time prescribed in this International Arrivals Building, Ken not cause such economic hardship or notice, the Commissioh will issue a notice nedy Airport, Order 71-1-55, January 12, injury. of hearing or an appropriate order. 1971. As was there the case, the con J am e s F. M u r d o c k , For further details with respect to the gestion caused by large numbers of si Chief, proposed issuance, see ( 1) the applica multaneously arriving or departing pas Division of Financial Assistance. tion dated January 29, 1970, and supple sengers arid their entourage at NPT [PE Doe.71-7036 Filed 5-19-71;8:48 am] ments thereto, (2) the related Safety presents extraordinary circumstances Evaluation prepared by the Division of which warrant the affected carriers’ col Reactor Licensing, (3) the proposed lective consideration. Accordingly, we amended facility license, and (4) the pro find that the public interest in reducing ATOMIC ENERGY COMMISSION posed Technical Specifications, all of the NPT congestion problem warrants which are available for public inspection a grant of approval for discussions and [Docket No. 50-227] in the Commission’s Public Document joint arrangements among affected air GULF OIL CORP. Room, 1717 H Street NW., Washington, lines. However, we also find that the pub D.C. lic interest requires the imposition of Notice of Proposed Issuance of the restrictions hereinafter stated. Dated at Bethesda, Md., this 14th day To begin with, the area of concern Amended Facility License of M ay 1971. presently before the Board involves de The Atomic Energy Commission (the For the Atomic Energy Commission. parture or arrival of passengers only at Commission) is considering the issuance NPT. For this reason, the parties eligible D o n a l d J. S k o v h o l t , of an amendment to Facility License No. to enter into discussions and joint ar Assistant Director for Reactor R-100 to Gulf Oil Corp. The amendment rangements for the. adjustment of pas Operations, Division of Re would authorize G u lf to: (1) Use an im senger departures and arrivals at NPT actor Licensing. proved type of fuel element, ( 2) increase will be limited to those United States and the steady-state power level from 1.5 [FR Doc.71-7038 Filed 5-19-71;8:48 am] foreign air carriers that transport pas megawatts (therm al) to 2 megawatts sengers for departure from or arrival at (thermal), (3) increase the amount of Kennedy Airport’s NPT and the discus uranium-235 from 10 kilograms to 30 sions will be limited to the facilities con kilograms that the licensee may receive, CIVIL AERONAUTICS BOARD gestion problem at NPT. On the other possess, and use, and (4) to irradiate [Docket No. 23385; Order 71-5-69] hand, the discussions need not be limited simultaneously up to 10 direct conversion to the movement of aircraft utilizing devices in the T R IG A M ark I I I reactor NACA FACILITIES AND SERVICE CORP. NPT, but may extend to consideration located at Torrey Pines Mesa near San of such factors, for example, as types Diego, Calif. The amendment would also Order Authorizing Discussions and and characteristics of aircraft carrying restate the license in its entirety to delete Approving Agreements passengers to or from NPT, load factors from the license the requirements for re Adopted by the Civil Aeronautics Board on such aircraft, the number of passen ports and recordkeeping (these require at its office in Washington, D.C., on the gers actually being transported, time of ments will be incorporated in the 14th day of M ay 1971. arrivals, and proposed remedies for or Technical Specifications), and to incor NACA Facilities and Service Corp. accommodation to the facilities conges porate all of the applicable amendments (FASCO requests authority from the tion problem. previously issued. G u lf was authorized ) 1 Board for the conduct of joint discussions by CPRR-109, dated June 26, 1970, to Our approval of the carriers’ discus among United States and foreign supple riake certain structural changes to the sions and arrangements also extends to mental airlines using the North Passen TRIGA Mark I II facility which would resultant agreements among the dis ger Terminal Complex (N P T ), consisting Permit the use of either the standard cussants for the adjustment of flight of Buildings 197 and Hangar 11 at John i RIGA fuel elements or the new FLIP movements at NPT, to further PNYA and F. Kennedy Airport. The purpose of such fuel elements. Amendment No. 2 to Facil FASCO’s needs. Such prior approval is ity ucense No. R-100, issued Septem- discussions is to resolve the problem being granted out of recognition of the or 2, 1970, authorized the operation of posed by a request of the Port of New need for expedition relating to the dis York Authority (PNYA) which was made reactor with the standard cussions and plans for the 1971 peak •iRiGA fuel elements. of FASCO to coordinate, for the heavy action. The reporting and filing condi summer travel season, the scheduling of tions and our retention of jurisdiction QJ;.he Commission has found that the arrivals and departures of all carriers will provide us with the means for taking ®nation for the amendment, as using NPT. FASCO states that it and any further action on such agreements mended, complies with the require PN YA are concerned about the possibility as may be in the public interest. ments of the Atomic Energy Act of 1954, A°t ). and the Commis- The procedures to be followed in con ducting the discussions wiil be left to r regulations Published in 10 C FR iBy Order 71-1-5, Jan. 4, 1971, the Board siiph eL L The amendment will be is- approved the creation by various supple the discretion of the parties involved. mental air carriers of FASCO for the purpose However, we will require that adequate f w aiter Commission makes the of operating, managing, developing, and con jmomgs required by the Act and the structing airport terminal facilities and other 2 Trans International Airlines, Inc. has ^mission's regulations, which are set related activities. Joined In the request. FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9148 NOTICES notice of any meeting be given3 and that That service by such carriers at the John or inflight and other services in connec a Board observer be permitted to attend F. Kennedy Airport is in fact provided at tion with air transportation; and each meeting as well as any representa NPT; (i) FA SC O shall file with the Board a tives designated by PNYA, and other (e) A notice of any meeting called report in triplicate containing any infor interested Federal, State or local depart pursuant to this order shall be filed with mation submitted to it by the carriers ments and inspection agencies. In addi the Board in this docket and mailed to all in advance of the discussions showing tion, we will require the carriers to file carriers referred to in subparagraph (d ), the respective carriers’ proposed opera within 5 days of each meeting a full and supra, and agencies and authorities re tions, or any report received from or complete report of each NPT carrier ferred to in paragraph 4, infra, at least sent by it to the discussants pertaining meeting summarizing the inter-carrier 7 calendar days prior to such meeting; a to such discussions; such report shall be discussions and detailing the arrange detailed report (or complete and accurate filed with the Board at the same time ments made in and resulting from those minutes) of all discussions, and details that it is transmitted to the carriers, or discussions. Such detail shall include ex of all arrangements entered into, will be in the case of reports received by FASCO, planation of how such arrangements will made, and copies thereof shall be served within five days after receipt; cause flight operations to be conducted on each of the above persons upon whom 2. The authorization granted herein differently than if no such collective a meeting notice must be mailed within shall expire on October 24,1971, and this arrangements existed. Since the Board is 14 days after the conclusion of each order may be earlier revoked or amended granting prior approval to the holding meeting, and two copies thereof shall be at any time at the discretion of the of the NPT carriers’ discussions and ar filed with the Board within 5 working Board; rangements, these reports will enable the days after the conclusion of each meeting 3. The Board reserves the right to dis Board to determine whether any subse or at the same time that copies^ are approve or modify any arrangements re quent Board action is necessary. Further, served upon the carriers, whichever is sulting from the discussions herein our approval shall extend to October 24, earlier; authorized; and 1971, the present expiration date of (f) Representatives of the Board and 4. A copy of this order shall be served analagous authorizations.4 all interested Federal, State, or local de upon all U.S. supplemental air carriers Accordingly, it is ordered, That: partments and agencies; of all carriers and all carriers holding permits from the 1. FASCO and Trans International dscribed in subparagraph (d), above; Board which provide foreign air service Airlines, Inc., be and they hereby are of the Port of New York Authority; and to NPT, John F. Kennedy Airport; the authorized to hold discussions and enter of any civic, trade, or consumer associa Departments of the Treasury, Transpor into joint arrangements with other tion or group, shall be permitted to at tation and Justice; the Federal Aviation United States and foreign supplemental tend the meetings; Administration; and the Port of New air carriers providing interstate, over (g) The discussants shall not discuss York Authority. seas, or foreign air transportation to operations in particular city pairs or New York City at NPT, John F. Kennedy submit information concerning their This order will be published in the Airport, to alleviate the facility conges proposed services or schedules in such F ederal R e g ist e r . tion for passenger arrivals and depar a fashion as to indicate the city pairs or By the Civil Aeronautics Bbard. tures at such terminal, subject to the chartering parties involved; following conditions: (h) The authorizations and approvals [ s e a l ] H arry J. Z in k ,. Secretary. (a) The purpose of' the discussions herein shall not be construed as author shall be to. facilitate the voluntary ad izing discussions of rates, fares, charges, • [FR Doc.71-7037 Filed 5-19-71;8:48 am] justments in passenger arrivals and dfb partures so that the total of such arrivals will not exceed the limitations of NPT’s CIVIL SERVICE COMMISSION facilities as agreed upon by PNYA, the carriers, and FASCO; LICENSED PRACTICAL NURSE; WEST HAVEN, CONN. AND BOSTON SMSA (b) Discussions and arrangements AND BROCKTON, MASS. shall be limited to the matters affecting passenger arrival and departure facili Notice of Establishment of Minimum Rates and Rate Ranges ties congestion proglems only at NPT, Under the authority of 5 U.S.C. 5303 and Executive Order 11073, the Civil Service John F. Kennedy Airport in New York Commission has established special minimum salary rates as follows: City; (c) The authorization also constitutes GS—621 LICENSED PRACTICAL NURSE approval pursuant to section 412 of the Federal Aviation Act of any agreement Geographic Coverage: West Haven, Conn. for the adjustment of flight operations Effective date: First day of the first pay period beginning on or after May 16,1971. which may be made among the discus PER ANNUM RATES sants stemming solely from activities in conformity with this order; 10 1 2 4 5 6 7 8 9 (d) Eligibility to participate in the ac Grade 3 tivities authorized herein shall extend to $8,100 $7,364 $7,548 $7,732 $7,916 GS-3...... $6,*444 $6,628 $6,812 $6,996 $7,180 8,479 8,688 all certificated supplemental air carriers ...... 6,823 7,030 7,237 7,444 7,651 7,858 8,065 8,272 GS-4____ 8,786 9,017 9,248 authorized to provide services at John F. GS-5____ ...... 7,169 7,400 7,631 7,862 8,093 8,324 8,555 Kennedy Airport, New York City, and all foreign air carriers holding permits authorizing charter foreign air transpor GS-62I.LICENSED PRACTICAL NURSE tation as defined in § 214.2(a) of the Geographic Coverage: Boston SMSA 1 and Brockton, Mass. Board’s economic regulations; Provided, Effective date: First day of the first pay period beginning on or after May 16,1971. 3 See Orders 71-1-55 and 70-11-112, respec PER ANNUM RATES tively authorizing discussions pertaining to passenger congestion at the JAB, Kennedy Airport, and to operation of the FAA’s High Grade 1 2 3 4 5 6 7 Density Rule at certain airports. * We are already advised in the application $7,180 $7,364 $7,548 GS-3...... $6,444 $6,628 $6,812 $6,996 8,272 8,479 that if it is approved, the subject discussions ...... 6,823 7,030 7,237 7,444 7,651 7,858 8,065 9,248 GS-4...... 8,324 8,555 8,786 9,017 will be held on May 17, 1971 at 0930 at the GS-5...... 7,169 7,400 7,631 7,862 8,093 Hotel Riviera, North Conduit Road, Jamaica, NY. In these circumstances, the notice pro All new employees in the specified occupational level will be hired at the newCounty (part), Norfolk vision in ordering paragraph 1 (e) shall not i (Boston Standard Metropolitan Statistical Area includesEssex County (part), Middlesex C be deemed to apply to the May 17 meeting. bounty (part), Plymouth County (part), and Suffolk County). FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY^20, 1971 NOTICES 9149 As of the effective date, all agencies No. RP71-6 which reflect the increase by customer, the billing determinants of will process a pay adjustment to increase in rates which became effective in Docket natural gas sold and delivered under the the pay of employees on the rolls in the No. RP71-57. above-described revised tariff sheets, and affected occupational levels* An employee Tennessee requests waiver of section the revenues resulting therefrom as com who immediately prior to the effective 154 of the Commission’s regulations and puted under the rates in effect immedi date was receiving basic compensation Part 2 of the Commission’s rules so that ately prior to March 17, 1971, and under at one of the statutory rates shall receive the proposed substitute tariff sheets may the rates and charges declared by this basic compensation at the corresponding become effective March 17,1971. order to have become effective, together numbered rate authorized by this notice Section 4(e) of the Natural Gas Act with the differences in the revenues so on or after such date. The pay adjust provides in part: computed. ment will not be considered an equiva If the proceeding has not been concluded (E) Within 15 days from the date of lent increase within the meaning of 5 and an order made at the expiration of the issuance of this order, Tennessee shall Ü.S.C. 5335. suspension period, on motion of the natural- execute and file with the Secretary of Under the provisions of section 3-2b, gas company making the filing, the proposed this Commission its written agreement Chapter 571, PPM, agencies may pay the change of rate, charge, classification or serv and undertaking. to comply with the travel and transportation expenses to ice shall go into effect. terms of paragraph (D ) above, signed by first post of duty under 5 U.S.C. 5723 The instant proceeding has not been con a responsible officer of the corporation, of new appointees to positions cited. cluded nor any order made, and the sus evidenced by proper authority from the U n it e d S tates C i v il S erv pension period has expired. Board of Directors, and accompanied by ic e C o m m is s io n , The Commission finds: a certificate showing service of copies [seal] Jam es C. S p r y , (1) Tennessee having filed a motion thereof upon all purchasers under the Executive Assistant on February 12, 1971, in accordance with rate schedule as follows: to the Commissioners. the provisions of section 4(e) of the Agreement and undertaking of Tennessee [PRDoc.71-7083 Filed 5-19-71;8:49 am] Natural Gas Act, to make the increased Gas Pipeline Co. to comply with the terms rates and charges effective on March 17, and conditions of the order issued by the 1971, such increased rates and charges Federal Power Commission______, FEDERAL POWER COMMISSION became effective on that date, subject to 1971, in Docket No. RP71-6 et al. [Dockets Nos. RP71-6, RP71-57] refund and to further orders of the Com In conformity with the requirements of mission in these proceedings. the order issued in Docket No. RP71-6 et al., TENNESSEE GAS PIPELINE CO. (2) It is appropriate and necessary in Tennessee Gas Pipeline Co. hereby agrees and undertakes to comply with the terms and Order Regarding Tariff Sheets carrying out the provisions of the conditions of said order and has caused this Natural Gas Act to require Tennessee to agreement and undertaking to be executed M a y 11,1971. file an undertaking with respect to the and sealed in its name by its officer, there Order permitting filing of substitute increased rates and charges made effec upon duly authorized in accordance with the tariff sheets, requiring filing of under tive on March 17, 1971, as hereinafter terms of the resolution of its Board of Di taking to assure refund of excess charges ordered and conditioned. rectors, a certified copy of which is appended under tariff sheets made effective by (3) Since Tennessee’s rates are pres hereto this______day of 1971. motion and consolidating proceedings. ently the subject of proceedings in Tennessee Gas Pipeline Co. (Tennes Tennessee G as P ipeline Docket No. RP71-6, it appears appropri Co m p a n y . see) on September 1, 1970, tendered for ate that the proceedings in Docket No. B y ______filing in Docket No. RP71-6 revised tariff RP71-57 be consolidated therewith. Attest : sheets to its FPC Gas Tariff, Eighth Re The Commission orders : vised Volume No. 1 and Fifth Revised (A) Section 154.66(b) of the Commis Volume Nq, 2, to become effective Oc sion’s regulations under the Natural Gas (F) Unless notified to the contrary by tober 17,1970. The proposed rate change Act and Part 2 of the Commission’s rules the Secretary of this Commission within would increase Tennessee’s jurisdictional of practice and procedure are hereby 30 days from the date of filing, such revenues by $108,396,100 annually, based waived to permit filing of the above listed agreement and undertaking shall be on volumes for the 12-month period tariff sheets, to be effective M arch 17, deemed to be satisfactory and to have ended May 31, 1970, as adjusted. The 1971, subject to any orders heretofore is been accepted for filing. Commission by its order issued Octo- sued in Docket No. RP71-6, and such (G) If Tennessee in conformity with oer 13, 1970 suspended the proposed orders which hereafter may be issued in the terms and conditions of paragraph tariff sheets until M arch 17, 1971. these consolidated proceedings. (D) of this order, makes the refunds, if On December 10, 1970, Tennessee filed (B ) Docket No. RP71-56 is hereby con any, as required by order of the Com revised tariff sheets in Docket No. RP71- solidated with Docket No. RP71-6 for mission, the undertaking shall be dis tracking supplier rate incréases, filed purposes of hearing and decision. charged; otherwise, it shall remain in uy producers in Southern Louisiana as a (C) Tennessee, subject to further full force and effect. lorrA * of ° rder No- 413, issued October 27, orders of the Commission, shall charge By the Commission. 1071 m.p ocket N <>- R-394. On January 15, and collect the increased rates and the Commission authorized this charges set forth in the above-described [ s e a l ] K e n n e t h F.- P l u m b , eking increase to become effective as revised tariff sheets, for all gas sold and Acting Secretary. w January io, 1971. Subsequently Ten- delivered under the,rate schedules con [FR Doc.71-7023 Filed 5-19-7l;8:47 am] nessee on February 12, 1971, filed sub tained therein on or after March 17, stitute revised tariff sheets1 in Docket 1971. [Projects Nos. 746, 2598] (D) Tennessee shall refund at such Ori^1Jfhit!LRevise(i Vo'ume No. 1: Substitute times and in such manner as may be re CITY OF AUGUSTA AND GEORGIA 92a i ^ ? heets Nos- 11A> 41 A> 66G- 66H, 80A, quired by final order of the Commission, POWER CO. stitn+1 , Í lst Revlsed Sheet No. 3A; Sub- the portion of the increased rates and 66p on T Í Kevised Sheets Nos. 10, 11, 66E, charges found by .the Commission in this Order Vacating Order Issuing License 1320 loo2, 115, 123> 132A> 132L> 132M, 132N, proceeding not justified, together with Sh<>P+c xt 135, 138; Substitute 2d Revised and Accepting Surrender of Minor v E ^N°t- 132H- 1321: Substitute 3d Re- interest at the rate of 5% percent per Part License StuteJ*®*® Nos- 1. 132F, 132G, 143; Sub- annum from the date of payment to 132R-a w.Revise 114B> Substitute RevEdSheet No. 103; Substitute 11th creased rates or charges effective as of plication to vacate the Commission’s March 17, 1971, for each billing period, order of December , 1969, issuing a Substth,+he?oS Nos‘ 8> 38* 79> 81> 91> 93> 12°; 22 RevisedUv i12th Sheet No. 40. 5th and shall report (original and one copy) major .license for the proposed redevel visedsheetiw116 tN ° ' 2: Substltute 1st Re- in writing and under oath, to the Com oped Augusta Canal Project No. 2598. Sheets Nos. 1 1 , 25, 41, 42. mission monthly, for each billing period, That order also accepted surrender of FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9150 NOTICES the minor part license held by the city at the request of United Cities which pro solely by, and will compensate Lawrence of Augusta for the existing Augusta poses to expand its distribution system burg only for, an increase in its cost of Canal Project No. 746 which was issued by the employment of this pipeline. The purchased gas which will result from a for a period of 50 years from June 24, application further states that the aban rate filing which its supplier, Texas Gas 1929. donment of facilities proposed herein Transmission Corp., intends to file with Under the proposed scheme of redevel will not affect the level of service pro the Commission, to become effective opment, a new outdoor powerhouse was vided by applicant to United Cities at June 1, 1971. In case of suspension of to be constructed containing one unit Morristown. the proposed rate increase, Lawrence developing 12,000 kw. and utilizing the Any person desiring to be heard or to burg requests that the increased rates be flows available from the existing canal. make any protest with reference to said suspended to a date no later than the On January 23, 1970, applicants filed an application should on or before June 7, date on which the rates to be filed by application for reconsideration and 1971, file with the Federal Power Com Texas G as become effective. amendment of the license for Project mission, Washington, D.C. 20426, a peti Copies of the filing were served on No. 2598. Subsequently, several exten tion, to intervene or a protest in accord Lawrenceburg’s customers and interested sions of time within which to return to ance with the requirements of the Com State commissions. the Commission the acknowledgment of mission’s rules of practice and procedure Any person desiring to be heard or to acceptance of a license for Project No. (18 C F R 1.8 or 1.10) and the regulations make any protest with reference to said 2598 were obtained. Applicants now re under the Natural Gas Act (18 CFR application should on or before May 25, port that, as a result of a change in 157.10). A ll protests filed with the Com 1971, file with the Federal Power Com allocation of water between the pro mission will be considered by it in deter mission, Washington, D.C. 20426, peti posed project and the city’s water sup mining the appropriate action to be taken tions to intervene or protests in accord ply pumping station, the water available but will not serve to make the protestants ance with the requirements of the now makes the proposed power redevel parties to the proceeding. Any person Commission’s rules of practice and pro opment uneconomic. wishing to become a party to a proceed cedure (18 C FR 1.8 or 1.10). All protests Public notice of the filing of the appli ing or to participate as a party in any filed with the Commission wifi be con cation has been given. No petitions to hearing therein must file a petition to sidered by it in determining the appro intervene, notices of intervention or pro intervene in accordance with the Com priate action to be taken but will not tests have been filed. mission’s rules. serve to make protestants parties to the Under these circumstances, we believe Take further notice that, pursuant to proceeding. Persons wishing to become it appropriate to vacate our order of the authority contained in and subject parties to a proceeding or to participate December 22, 1969, thereby reinstating to the jurisdiction conferred upon the as a party in any hearing therein must the minor part license for existing Proj Federal Power Commission by sections file petitions to intervene in accordance ect No. 746. 7 and 15 of the Natural Gas Act and the with the Commission’s rules. T h e appli The Commission finds: Commission’s rules of practice and pro cation is on file with the Commission It is appropriate for the purpose of cedure, a hearing will be held without and available for public inspection. further notice before the Commission the Federal Power Act to vacate the Com K e n n e t h F. P lum b, mission’s order of December 22, 1969, as on this application if no petition to in tervene is filed within the time required Acting Secretary. hereinafter provided. herein, if the Commission on its own [P R Doc.71-7026 Filed 5-19-71;8:47 am] The Commission orders: The Commission’s order of Decem review of the matter finds that permis sion and approval for the proposed aban ber 22, 1969, issuing'major license and [Docket No. G-6086 etc.] donment are required by the public con accepting surrender of minor part license venience and necessity. If a petition for in Projects Nos. 2598 and 746 is hereby MAPCO INC. leave to intervene is timely filed, or if vacated and the proceeding in Project the Commission on its own motion be Notice of Petition To Amend No. 2598 is terminated. lieves that a formal hearing is required, M a y 13,1971. By the Commission. further notice of such hearing will be duly given. * Take notice that on April 15, 1971, [ s e a l ] K e n n e t h F. P l u m b , MAPCO Inc. (petitioner), 1437 South Acting Secretary. Under the procedure herein provided for, unless otherwise advised, it will be Boulder Avenue, Tulsa, OK 74119, filed [P R Doc.71-7024 Piled 5-19-71;8:47 am] unnecessary for applicant to appear or in Docket No. G-6086 et al., a petition to be represented at the hearing. amend the certificates of public conven ience and necessity heretofore issued to [Docket No. CP71-261] K e n n e t h F . P l u m b , MAPCO Production Co. pursuant to sec Acting Secretary. EAST TENNESSEE NATURAL GAS CO. tion 7(c) of the Natural Gas Act by [P R Doc.71-7025 Piled 5-19-71;8:47 am] authorizing petitioner to continue the Notice of Application sales of natural gas heretofore authorized to be made in said dockets, all as more M a y 13,1971. [Docket No. RP71-113] fully set forth in the petition to amend Take notice that on April 29, 1971, which is on file with the Commission and East Tennessee Natural Gas Co. (appli LAWRENCEBURG GAS TRANSMISSION can t), Post Office Box 10245, Knoxville, CORP. open to public inspection. Petitioner states that it has merged T N 37919, filed in Docket No. CP71-261 M A P C O Production Co., its subsidiary, an application pursuant to section 7(b) Notice of Proposed Changes in Rates and that it proposes to continue without of the Natural Gas Act for permission and Charges change the sales of natural gas in inter and approval for the abandonment of a M a y 12, 1971. state commerce authorized to be ma portion of its Morristown lateral, located near Morristown, Tenn., all as more fully Take notice that Lawrenceburg Gas by M A P C O Production Co. t Any person desiring to be heard o set forth in the application which is on Transmission Corp. (Lawrenceburg), on make any protest with reference to s file with the Commission and open to April 28, 1971, tendered for filing pro public inspection. posed changes in its FPC Gas Tariff, petition to amend should on or June 11,1971, file with the Fe^ralPower Applicant states that it owns and op Original Volume No. 1, to become effec Commission, Washington, DC 204 , erates a lateral of approximately 16,605 tive on June 1, 1971. The proposed rate feet of 4 Yz-inch pipeline which is used changes would increase charges for petition to intervene or a . accordance with the requirements to make deliveries of natural gas to jurisdictional sales by approximately Commission’s rules of practice a n flP*^ United Cities Gas Co. (United Cities), $34,357 annually based on volumes for for resale and distribution in the city the 12-month period ended June 30,1969. cedure <18 CFR 1.8 or 1.10). AU * * * £ filed with the Commission will be co of Morristown, Tenn. Applicant proposes The proposed increase would be appli sidered by it in determining the appr herein to abandon by sale to United Cities cable to Lawrenceburg’s two jurisdic 7,353 feet of said lateral located down tional rate schedules, CDS-1 and EX-1. priate action to be taken but ^ stream from the Morristown Measuring Lawrenceburg states that the reason serve to make the protestants Pa/j' t0 the proceeding. Any person wishing Station. This abandonment by sale is for the proposed increase is occasioned FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 NOTICES 9151 become a party to a proceeding or to pahgre River filed an applicationjior a elevations 2,854 to 2,857.0±0.5 from May participate as a party in any hearing new license under section 15 of the Fed 1 to June 18 depending on prediction of therein must file a petition to intervene eral Power Act and Commission regula runoff, to minimize hardships in obtain in accordance with the Commission’s tions thereunder (§§ 16.1-16.6). Licensee ing the prescribed May 1 elevation 2,857 rules. also made a supplemental filing pursu in dry years and enhance operating pool ant to Commission Order No. 384 on K e n n e t h F. P l u m b , control during peak runoff periods in November 13, 1969. Acting Secretary. years of heavy flows; (4) discontinue The license for Project No. 733 was is the requirement for duplicated U.S.G.S. [PR Doc.71-7027 Filed 5-19-71;8:47 am] sued effective April 13, 1960, for a period gauging facilities below the drop ending April 12, 1970. Since that time, structure. [Docket No. RP71-114] the project has been operated under an Any person desiring to be heard or nual license. In order to authorize the to make any protest with reference to WESTERN TRANSMISSION CORP. continued operation of the project pur ¿kid application should on or before Notice of Proposed Changes in Rates suant to section 15 of the Act pending June 30, 1971, file with the Federal and Charges completion of licensee’s application and Power Commission, Washington, D.C. Commission action thereon it is appro 20426, petitions to intervene or protest M a y 12, 1971. priate and in the public interest to issue in accordance with the requirements of Take notice that on M ay 3,1971, W est an annual license to Western Colorado the Commission’s rules of practice and ern Transmission Corp. (W estern) ten Power Co. for continued operation and procedure (18 CFR 1.8 or 1.10). All pro dered for filing proposed tariff changes maintenance of Project No. 733. tests filed with the Commission will be in its FPC Gas Tariff, Original Volume Take notice that an annual license is considered by it in determining the No. 1, to become effective June 30, 1971. issued to Western Colorado Power Co. appropriate action to be taken but will The proposed rate change would increase (licensee) under section 15 of the Federal not serve, to make the protestants parties the charge to Colorado Interstate Gas Co. Power Act for the period April 13,1971, to to the proceeding. Persons wishing to as set forth in Western’s Rate Schedule April 12, 1972, or until Federal takeover, become parties to a proceeding or to P from 21 cents to 26 cents per Mcf. or the issuance of a new license for the participate as a party in any hearing Western states that such rate change project, whichever comes first, for the therein must file petitions to intervene would result in increased jurisdictional continued operation and maintenance of in accordance with the Commission’s revenue of $115,887 from present facili the Ouray Project No. 733, subject to the rules. The application is on file with the ties or $159,300 from contemplated in terms and conditions of its license. Commission and available for public creased facilities, based on sales for the inspection. K e n n e t h F . P l u m b , 12-month period ended December 31, Acting Secretary. K e n n e t h F. P l u m b , 1970, as adjusted. Acting Secretary. Western states that the proposed [FR Doc.71-7029 Filed 5-19-71;8:48 am] [FR Doc.71-7030 Filed 5-19-71;8:48 am] change is necessary to alleviate the losses presently being incurred in its [Project No. 2244] pipeline operations and to enable West ern to offer competitive gas purchase WASHINGTON PUBLIC POWER agreements to producers in order to SUPPLY SYSTEM FEDERAL RESERVE SYSTEM stimulate exploration and development SOUTHWEST BANCSHARES, INC. of gas reserves in W estern’s supply area. Notice of Application for Amendment The proposed rates include a claimed of License for Constructed Project Ordei^ Approving Acquisition of Bank rate of return of 11 percent. Stock by Bank Holding Company Copies of the filing were served on M ay 12,1971. Colorado Interstate Gas Co. Public notice is hereby given that In the matter of the application of Any person desiring to be heard or to application for amendment of license Southwest Bancshares, Inc., Houston, make any protest with reference to has been filed under the Federal Power Tex., for approval of acquisition of more said application should on or before Act (16 U.S.C. 79ia-825r) by Washing than 51 percent of the voting shares of June 1,1971, file with the Federal Power ton Public Power Supply System (cor The First National Bank of Longview, commission, Washington, D.C. 20426, pe respondence to: Owen W. Hurd, Man Longview, Tex. nnons to intervene or protests in accord aging Director, Washington Public There has come before the Board of arne with the requirements of the Com - Power Supply System, Box 6510, 130 Governors, pursuant to section 3(a) (3) ru^es °T practice and procedure Vista W ay, Kennewick, W A 99336) for of the Bank Holding Company Act of I ® 1-8 or 1.10). All protests filed its constructed Packwood Hydroelectric 1956 (12 U.S.C. 1 8 4 2 (a )(3 )) and § 222.3 the Commission will be considered Project No. 2244 located on Lake Creek (a) of Federal Reserve Regulation Y tin« determining the appropriate ac- and Packwood Lake in Lewis County, (12 CFR 222.3(a)), an application by 2 t?vbe taken but wm not serve to Wash. The project affects lands of the Southwest Bancshares, Inc, Houston, ma^e the protestants parties to the pro- United States within the Gifford Pinchot Tex., a registered bank holding company, teeamg. Persons wishing to become p ar- National Forest. for the Board’s prior approval of the a noa- proceeding or to participate as Licensee seeks amendment to the li acquisition of more than 51 percent of nptui any hearin8 therein must file cense to: the voting shares of The First National miuons to intervene in accordance with ( 1) Incorporate a memorandum ofBank of Longview, Longview, Tex. Appli k ™‘'flînm“ ?ion’s rules. The application agreement dated November 2, 1967, cant, through a wholly owned subsidiary, ahi» * e Wlth the Commission and avail signed by the licensee and the U.S. Forest presently controls 22.1 percent of the able for public inspection. Service, Bureau of Sports Fisheries and voting shares of The National Bank of Longview. K e n n e t h F. P l u m b , Wildlife, Bureau of Commercial Fish Acting Secretary. eries, W ashington Department of Fish As required by section 3(b) of the Act, I*® Doc.71-7028 Filed 5-19-71;8:48 am] eries, and W ashington Gam e Commis the Board gave written notice of receipt sion in accordance with Article 39 and of the application to the Comptroller of providing for minimum fishwater re the Currency, and requested his views [Project No. 733] leases into Lake Creek and maintenance and recommendation. The Comptroller western Co l o r a d o p o w e r c o . of stream improvements; ( 2) amend recommended approval of the applica Article 37 to establish the minimum tion. Notice of Issuance of Annual License operating pool at elevation 2,849 during Notice of receipt of the application the period September 16 through April was published in the F ederal R eg ister M a y 12 1971 30, in lieu of minimum elevation 2,850.5 on February 11,1971 (36 F.R. 2882), pro rad FEDERAL REGISTER, VOL. 36 , NO. 98— THURSDAY, MAY 20, 1971 9152 NOTICES to the U.S. Department of Justice for its United States and the Republic of Korea, products in Categories 45, 46, 49, 50, 52, 53, consideration. Time for filing comments which provides that within the aggre and 55 produced or manufactured in thé Republic of Korea and exported from the and views has expired and all those re gate and applicable group limits, limits Republic of Korea to the United States, for ceived have been considered by the on certain categories may be exceeded the period beginning January 1, 1971, and Board. by not more than five (5) percent. The extending through June 30, 1971, are hereby It is hereby ordered, For the reasons aforementioned letter also provided that amended as follows, to be effective as soon set forth in the Board’s statement1 of any such adjustment in the levels of as possible: this date, that said application be and restraint would be made to the Commis Amended hereby is approved: Provided, That the sioner of Customs by letter from the 6-month action so approved shall not be consum Chairman of the Interagency Textile level of Category ' _ restraint2 mated (a) before the 30 calendar day Administrative Committee. 45 ------dozen... 19,145 following the date of this order, or (b) Accordingly, at. the request of the 46 ------do------15,315 later than 3 months after the date of this Government of the Republic of Korea 49 ------i------do____15,954 order, unless such time shall be extended and pursuant to the provision of the 60 ------do____ 26,802 for good cause by the Board, or by the 52 ;------do___ 19,144 Federal Reserve Bank of Dallas pursuant bilateral agreement referred to above, 53 ------dq___ 6,077 to delegated authority, and provided there is published below a letter of 55 ______do____ 6,077 further that (c) applicant divest itself May 14, 1971, from the Chairman of the 2 These levels have not been adjusted to of its interest in voting shares of The Interagency Textile Administrative Com reflect entries made on or after Jan. 1, 1971. Kilgore National Bank, Kilgore, Tex., mittee to the Commissioner of Customs The actions taken with respect to the within 2 years of the date of this order. amending the levels of restraint appli Government of the Republic of Korea and By order of the Board of Governors,2 cable to cotton textiles in Categories 45, with respect to imports of cotton textiles M ay 14, 1971. and cotton textile products from the Repub 46, 49, 50, 52, 53, and 55 for the 6-m onth lic of Korea have been determined by the [ s e a l ] E l iz a b e t h L . C a r m ic h a e l , period which began on January 1, 1971. President’s Cabinet Textile Advisory Com Assistant Secretary. mittee to involve foreign affairs functions of [P R Doc.71-6995 Piled 5-19-71:8:45 am ] S t a n l e y N e h m e r , the United States. Therefore, the directions Chairman, Interagency Textile to the Commissioner of Customs, being nec Administrative Committee essary to the implementation of such ac and Deputy Assistant Secre tions, fall within the foreign affairs excep tary for Resources. tion to the notice provisions of 5 U.S.C. 553 (Supp. V, 1965-69). This letter will be pub INTERAGENCY TEXTILE ssistant ecretary of ommerce A S C lished in the F e d e r a l R e g is t e r . INTERAGENCY TEXTILE ADMINISTRATIVE Sincerely yours, ADMINISTRATIVE COMMITTEE COMMITTEE Stanley Nehmer, Chairman, Interagency Textile Ad CERTAIN COTTON TEXTILES AND COT Commissioner of Custo m s^ ministrative Committee, and TON TEXTILE PRODUCTS PRODUCED Department of the Treasury, Deputy Assistant Secretary for Washington, D.C. 20226. Resources. OR MANUFACTURED IN THE RE M ay 14, 1971. [FR Doc.71-7022 Filed 5—19—71;8:47 am] PUBLIC OF KOREA D ear M r. Commissioner : On December 31, 1970, the Chairman of the President’s Cabi Entry or Withdrawal From Warehouse net Textile Advisory Committee, directed for Consumption you to prohibit entry of cotton textiles and cotton textile product in certain specified M a y 14; 1971. categories, produced or manufactured in the NATIONAL ENDOWMENT On January 9, 1971, there was pub Republic of Korea, and exported to the United States on or after January 1, 1971, lished in the F ederal R eg ister (36 F.R. FOR'THE ARTS in excess of the designated levels of restraint. 338), a letter dated December 31, 1970, The Chairman further advised you that in ESTABLISHMENT OF IDENTIFICATION from the Chairman of the President’s the event that there were any adjustments1 Cabinet Textile Advisory Committee to in the levels of restraint you would be so DEVICE the Commissioner of Customs, establish informed by letter from the Chairman of The following device is hereby estab ing levels of restraint applicable to cer the Interagency Textile Administrative lished as the official identifying device of tain specified categories of cotton textiles Committee. the National Endowment for the Arts, and cotton textile product produced or Under the terms of the Long-Term Ar rangement Regarding International Trade in effective April 30, 1971. This device will manufactured in the Republic of Korea Cotton Textiles done at Geneva on Feb generally be used on stationary, program and exported to the United States during ruary 9, 1962, pursuant to paragraph seven announcements, brochures and other the 6-month period beginhing January 1, (7) of the bilateral cotton textile agreement publications of the National Endowment 1971. As set forth in that letter, the of December 11, 1967, as amended and ex tended, between the Governments of the for the Arts. levels of restraint are subject to adjust United States and the Republic of Korea, in ment pursuant to paragraph 7 of the accordance with Executive Order 11052 of bilateral cotton textile agreement of De September 28, 1962, as amended by Executive Order 11214 of April 7, 1965, and under the cember 11, 1967, as amended and ex terms of the aforementioned directive of tended, between the Governments of the December 31, 1970, the levels of restraint provided in that directive for cotton textile 1 Piled as part of the original document. Copies available upon request to the Board 1 The term “adjustments” refers to those of Governors of the Federal Reserve System, provisions of the bilateral cotton textile Washington, D.Ò. 20551, or to the Federal Re agreement of Dec. 11, 1967, as amended and serve Bank of Dallas. Statement of Governor extended, between the Governments of the Robertson concurring in part and dissenting United States and the Republic of Korea in part also filed as part of the record and which provide in part that within the aggre available upon request. 1 gate and applicable group limits, limits on 2 Voting for this action: Chairman Burns certain categories may be exceeded by not N a n c y H anks, and Governors Daane, Maisel, and Sherrill. more than five (5) percent; for the limited Chairman, National Concurring in part and dissenting in part: carryover of shortfalls in certain categories Endowment for the Arts. Governor Robertson. Absent and not voting: to the next agreement year; and for adminis Governors Mitchell and Brimmer. trative arrangements. [FR Doc.71-7046 Filed 5-19-71;8:49 am] FEDERAL REGISTER, VOL. 36, NO. 98—-THURSDAY, MAY 20, 1971 NOTICES 9153 tion of such company shall cease to be In their written comments to SBA. No com SECURITIES AND EXCHANGE effect. ments were received. Notice is further given that ahy in Notice is hereby given that, having COMMISSION terested person may, not later than considered the application and all other June 4, 1971, at 5:30 p.m„ submit to the pertinent information, SBA has issued [811-923] Commission in writing a request for a License No. 02/02-5286 to The Equitable CONSOLIDATED FINANCIAL CORP. hearing on the matter accompanied by Life Community Enterprises Corp., pur a statement as to the nature of his in suant to section 301(c) of the Small Busi Notice of Filing of Application for terest, the reason for such request and ness Investment Act of 1958, as amended. Order Declaring That Company Has the issues of fact or law proposed to be Dated: M ay 7,1971. Ceased To Be an Investment Com- controverted, or he may request that he be notified if the Commission should A. H. S in g e r , pany order a hearing thereon. Any such com Associate Administrator M a y 14, 1971. munication should be addressed: Secre for Investment. Notice is hereby given that Consoli tary, Securities and Exchange Commis [F R Doc.71-7002 Filed 5-19-71;8:45 am] dated Financial Corp., Suite 2200, 208 sion, Washington, D.C. 20549. A copy of South La Salle Street, Chicago, IL such request shall be served personally or 60604 (Applicant), registered as a non- by mail (airmail if the person, being [Declaration of Disaster Loan Area 826 diversified, closed-end investment com served is located more than 500 miles (Class B ) ] pany under the Investment Company from the point of mailing) upon Appli IOWA Act of 1940 (A ct), has filed an applica cant at the address stated above. Proof tion pursuant to section 8 (f) of the Act of such service (by affidavit or in case of Declaration of Disaster Loan Area for an order.of the Commission declar an attorney at law by certificate) shall ing that Applicant has ceased to be an be filed contemporaneously with the re Whereas, it has been reported that investment company as defined in the quest. A t any time after said date, as during the month of May, 1971, because Act. All interested persons are referred provided by Rule 0-5 of the rules and of the effects of certain disasters, damage to the application on file with the regulations promulgated under the Act, resulted to residences and business prop Commission for a statement of the rep an order disposing of the application erty located in the city of Conway, IA; resentations made therein, which are herein may be issued by the Commission Whereas, the Small Business Adminis summarized below. upon the basis of the information stated tration has investigated and has received Applicant was incorporated under the in said application, unless an order for other reports of investigations of condi corporation law of Florida on Novem hearing upon said application shall be tions in the areas affected; ber 3,1902, and was named Consolidated issued upon request or upon the Com Whereas, after reading and evaluating Naval Stores Co. until M arch 23, 1961, mission’s own motion. Persons who re reports of such conditions, I find that the when the present name was adopted. quest a hearing, or advice as to whether conditions in such areas constitute a Applicant registered under the Act on a hearing is ordered, will receive notice of catastrophe within the purview of the January 22, 1960 as a nondiversified, further developments in this matter, in Small Business Act, as amended. closed-end investment company. cluding the date of the hearing (if Now, therefore, as Administrator of the On January 27, 1971, the respective ordered) and any postponements thereof. Small Business Administration, I hereby boards of directors of Applicant and of determine that: Baker, Fentress & Co. (Baker Fentress), For the Commission, by the Division of 1. Applications for disaster loans un a Delaware corporation registered under Corporate Regulation, pursuant to dele der the provisions of section 7(b) (1) of the Act since November 23, 1970 as a gated authority. the Small Business Act, as amended, may nondiversified, closed-end investment [ s e a l ] T h eodo re L. H u m e s , be received and considered by the office company, adopted resolutions approving Associate Secretary. below indicated from persons or firms an agreement of merger of Applicant whose property situated in the aforesaid into Baker Fentress. The agreement of [FR Doc.71-7006 Filed 6-19-71;8:46 am] city of Conway, Iowa, suffered damage merger was entered into and was or destruction resulting from a tornado adopted by the required affirmative vote occurring on M ay 5,1971. of the holders of a majority of the out Office standing shares of each corporation at SMALL DUSINESS the annual meetings of the stockholders Small Business Administration District Office, 210 Walnut Street, Des Moines, IA 50309. of Applicant and Baker Fentress held on ADMINISTRATION March 16 and 17, 1971, respectively. On 2. Applications for disaster loans un March 30, 1971, the Commission issued EQUITABLE LIFE COMMUNITY der the authority of this Declaration will an order (Investment Company Act Re- ENTERPRISES CORP. not be accepted subsequent to Novem No- 6428) pursuant to section ber 30,1971. Notice of Issuance of a License To Op f* Act exempting the merger Dated: M ay 7,1971. 2 ® Provisions of section 17(a) of erate as a Minority Enterprise Small the Act. T h o m a s S. K l e p p e , . Business Investment Company PpI ?6 merger Applicant into Baker r Administrator. entress became effective on M arch 31, On April 20, 1971, a notice was pub [FR Doc.71-7001 Filed 5-19-71; 8 :45 am] l, and thereupon in accordance with lished in the F ederal R eg ister (36 F.R. j^tenns of the agreement of merger 7488) stating that The Equitable Life Fentress succeeded to all of the [Declaration of Disaster Loan Area 824 Community Enterprises Corp., 1285 Ave ( Class B ) ] S e^ y’ assets> rights, liabilities, and nue of the Americas, New York, N Y 10019, enr>faf10iils °.f Applicant, and the exist- had filed an application with the Small MISSOURI 01 Applicant as a separate corpora- 11011 ceased. Business Administration, pursuant to Declaration of Disaster Loan Area § 107.102 of the SBA rules and regula of the Act provides, In tions Governing Small Business Invest Whereas, it has been reported that Part, that whenever the Com - ment Companies (33 F.R. 326, 13 C F R during the month of May 1971, because ™ apon application finds that a Part 107) for a license to operate as a of the effects of certain disasters, damage Ce!T ffd investment company has minority enterprise small business in resulted to residences and business prop shall an investment company, it vestment company (M ESBIC). erty located in Jasper County, Mo.; takin S° dec*are by order and upon the Interested parties were given to the Whereas, the Small Business Adminis 8 effect of such order, the registra close of business April 30,1971, to submit tration has investigated and has received No. 98—Pt. I----- a FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9154 NOTICES other reports of investigations of condi will not be accepted subsequent to to determine whether an industry in the tions in the areas affected; November 30, 1971. United States is being or is likely to be Whereas, after reading and evaluating injured, or is prevented from being es Dated: M ay 7, 1971. reports of such conditions, I find that the tablished, by reason of the importation conditions in such areas constitute a * T h o m a s S. K l e p p e , o f glass from Taiw an which the Assist catastrophe within the purview of the Administrator. ant Secretary of the Treasury has deter Small Business Act, as amended. [FR Doc.71-7000 Piled 5-19-71;8:45 am] mined is being, or is likely to be, sold Now, therefore, as Administrator of the at less than fair value. Notice of the in Small Business Administration, I hereby vestigation was published in the F ederal determine that: [Declaration of Disaster Loan Area 827 R eg ister of April 30,1971 (36 F.R. 8177). (Class B) ] 1. Applications for disaster loans un Issued: M ay 17,1971. der the provisions of section 7(b) ( 1) of TENNESSEE the Small Business Act, as amended, may By order of the Commission. be received and considered by the office Declaration of Disaster Loan Area [ s e a l] K e n n e t h R . M ason, below indicated from persons or firms Whereas, it has been reported that Secretary. whose property situated in Jasper during the month of May 1971, because [P R Doc.71-7047 Piled 5-19-71;8:49 am] County, Mo. and adjacent areas suffered of the effects of a certain disaster, dam damage or destruction resulting from a age resulted to residences and business tornado occurring on M ay 5,1971. property located in the State of Office Tennessee; DEPARTMENT OF LABOR Small Business Administration Regional Of Whereas, the Small Business Admin fice, 911 Walnut Street, Kansas City, MO istration lias investigated and has re Office of the Secretary 64106. ' ceived other reports of investigations of RCA CORP. AND EMERSON conditions in the areas affected; 2. A temporary office will be estab Whereas, after reading and evaluating TELEVISION AND RADIO CO. lished in City Hall, Joplin^Mo. reports of such conditions, I find that 3. Applications for disaster loans un Notice of Investigation Regarding Cer the conditions in such area constitutes tification of Eligibility of Workers To der the authority of this Declaration will a catastrophe within the purview of the not be accepted subsequent to Novem Small Business Act, as amended. Apply for Adjustment Assistance ber 30,1971. Now, therefore, as Administrator of After reviewing the Tariff Commis Dated: M ay 7,1971. the Small Business Administration, I sion’s reports on its investigations of 2 hereby determine that: petitions for adjustment assistance filed T h o m a s S. K l e p p e , 1. Applications for disaster loans Administrator. on behalf of workers formerly employed under the provisions of section 7(b)(1) by the following firms, under section [PR Doc.71-6999 Piled 5-19-71;8:45 am] of the Small Business Act, as amended, 30 1(c)(2) of the Trade Expansion Act may be received and considered by the of 1962, and in which reports the Com [Declaration of Disaster Loan Area 825 office below indicated from persons or mission being equally divided, made no (Class B) ] firms whose property situated in Carroll finding, the President decided, under the County, Tenn., and adjacent areas, suf authority of section 330(d) (1) of the MISSOURI fered damage or. destruction resulting Tariff Act of 1930 as amended, to consider Declaration of Disaster Loan Area from a tornado occurring oh M ay 7,1971. the findings ôf those Commissibnérs who Office found in the affirmative as the findings Whereas, it has been reported that of the Commission. Accordingly, he has during the month of May, 1971, because Small Business Administration District Of fice, 500 Union Street, NashviUe, TN 37219. advised the Secretary of Labor that he of the effects of certain disasters, damage may certify as eligible to apply for ad resulted to residences and business prop 2. Applications for disaster loans justment assistance the involved groups erty located in the State of Missouri; under the authority of this Declaration of workers. Whereas, the Small Business Adminis will not be accepted subsequent to tration has investigated and has received November 30,1971. TEA—W—70— RCA Corp., Memphis, Term. TEA-W -77— Emerson Television and Radio other reports of investigations of condi Dated: M ay 12, 1971. Co., Jersey City, N.J. tions in the areas affected; Whereas, after reading and evaluating T h o m a s S. K l e p p e , In view of the Tariff Commission re reports of such conditions, I find that the Administrator. ports, the President’s authorization, and conditions in such areas constitute a [PR Doc.71-6998 Piled 5-19-71;8:45 am] the responsibilities delegated to the Sec catastrophe within the purview of the retary of Labor under section 8 of Execu Small Business Act, as amended. tive Order 11075 (28 F.R. 473), the Di Now, therefore, as Administrator of rector, Office of Foreign Economic PoW^’ the Small Business Administration, I TARIFF COMMISSION Bureau of International Labor A ffa ir. has instituted investigations, as Pj£vl(r a hereby determine that: [AA1921-76] in 29 C F R 90.5 and this notice. The in 1. Applications for disaster loans GLASS FROM TAIWAN vestigations relate to the determinati under the provisions of section 7(b) ( ) 1 of whether any of the groups of workers of the Small Business Act, as amended, Postponement of Hearing Date covered by the Tariff Commission rep may be received and considered by the should be certified as eligible to apply office below indicated from persons or Notice is hereby given that the hearing adjustment assistance, provided firms whose property situated in Linn in Investigation No. AA1921-76, sched under Title HI, Chapter 3, of the Trade County, Mo., and adjacent areas, suf uled to be held in the Tariff Commission’s Expansion Act of 1962, including the , fered damage or destruction resulting Hearing Room, Tariff Commission Build terminations of related subjects and from a tornado occurring on M ay 5,1971. ing, Eighth and E Streets NW „ Washing ton, DC, beginning at 10 a.m., e,d.s.t., on ters, such as the date unemploymen o Office June 8, 1971, has been rescheduled for underemployment began or threatened Small Business Administration Regional 10 a.m., e.d.s.t., on June 9, 1971. to begin and the subdivisions of the r Office, 911 W alnut Street, Kansas City, MO The hearing is being held in connec involved to be specified in any certifie 64106. tion with a Commission investigation tions to be made, as more specifically pr 2. Applications for disaster loans under the provisions of section 201(a ) of under the authority of this Declaration the Antidumping Act, 1921, as amended, vided in Subpart B of 29 CFR Part 90- FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 NOTICES 9155 Interested persons should submit writ each applicant shall, if protests to its sons interested in the tacking possibili ten data, views, or arguments relating to application have been filed, and within ties are cautioned that failure to oppose the subjects of investigations to the Di 60 days of the date of this publication, the application may result in an un rector, Office of Foreign Economic Policy, notify the Commission in writing ( 1) restricted grant of authority. If a hear U.S. Department of Labor, Washington, that it is ready to proceed and prosecute ing is deemed necessary, applicant D.C. 20210, on or before M ay 24, 1971. the application, or (2) that it wishes to requests it be held at New York, N.Y. Signed at Washington, D.C., this 14th withdraw the application, failure in No. MC 6078 (Sub-No. 68), filed M ay 4, day of May 1971. which the application will be dismissed by the Commission. 1971. Applicant: D. F. BAST, INC., 1425 E dgar I. E a t o n , North Maxwell Street, Allentown, PA Director, Office of Further processing steps (whether 18001. Applicant’s representative: Bert Foreign Economic Policy. modified procedure, oral hearing, or other procedures) will be determined Collins, 140 Cedar Street, New York, N Y [FR Doc.71-7045 Filed 5-19-71;8:49 am] generally in accordance with the Com 10006. Authority sought to operate as a mission’s General Policy Statement Con common carrier, by motor vehicle, over cerning Motor Carrier Licensing Proce irregular routes, transporting: (1) Con dures, published in the F ederal R egister crete products, concrete pipe and mate INTERSTATE COMMERCE issue of May 3, 1966. -This assignment rials, supplies and equipment used in will be by Commission order which will the manufacture, construction, produc COMMISSION be served on each party of record. tion, and distribution of concrete prod The publications hereinafter set forth ucts,, but not including liquids, in bulk [Notice 40] reflect the scope of the applications as in tank vehicles, between Kenvil, N.J., MOTOR CARRIER, BROKER, WATER filed by applicants, and may include de on the one hand, and, points in Connec CARRIER AND FREIGHT FOR scriptions, restrictions, or limitations ticut, Delaware, Maine, Maryland, Mas WARDER APPLICATIONS which are not in a form acceptable to sachusetts, New Hampshire, New York, the Commission. Authority which ulti Pennsylvania, Rhode Island, and Ver M a y 14,1971. mately may be granted as a result of mont on the other; and ( 2) rejected, The following applications are gov the applications here noticed will not damaged, and returned shipments in the erned by Special Rule 100.2471 of the necessarily reflect the phraseology set reverse direction. N o t e : Applicant states Commission’s general rules of practice forth in the application as filed, but also that the requested authority cannot be (49 CFR, as am ended), published in the will eliminate any restrictions which tacked with its existing authority. If a Federal R egister issue of April 20, 1966, are not acceptable to the Commission. hearing is deemed necessary, applicant requests it be held at Washington, D.C. effective May 20, 1966. These rules pro No. MC 340 (Sub-No. 18), filed April 27, vide, among other things, that a protest 1971. Applicant: QUERNER TRUCK No. MC 7555 (Sub-No. 65), filed to the granting of an application must LIN E S, INC., 1131-33 Austin Street, San April 28, 1971. Applicant: TEXTILE be filed with the Commission within 30 Antonio, TX 78208. Applicant’s repre MOTOR FREIGHT, INC., Post Office days after date of notice of filing of the sentative: M. Ward Bailey, 2412 Con Box 70, Ellerbe, N.C. 28338. Applicant’s •application is published in the F ederal tinental Life Building, Fort Worth, TX representative: Jacob P. Billig, 1108 Register. Failure seasonably to file a 76102. Authority sought to operate as a 16th Street N W „ Washington, D C 20036. protest will be construed as a waiver common carrier, by motor vehicle, over Authority sought to operate as a com of opposition and participation in the irregular routes, transporting: Cheese mon carrier, by motor vehicle, over ir proceeding. A protest under these rules and cheese products, from points in Wis regular routes, transporting: Foodstuffs, should comply with section 247(d) (3 ) consin, to points in Texas; and to Spring- candy, cough drops, and chewing gum, ru^es °f practice which requires field, Mo.; Decatur, G a.; Memphis, from plantsites of Beech-Nut Life Savers that it set forth specifically the grounds Tenn.; Little Rock, Ark.; Kansas City at Canajoharie, N.Y., to points in North upon which it is made, contain a detailed and Wichita, Kans.; New Orleans, La.; Carolina, South Carolina, Georgia, Flor statement of protestant’s interest in the Los Angeles and San Francisco, Calif.; ida, Alabama, Mississippi, and Louisi proceeding (including a copy of the Phoenix, Ariz.; Denver, Colo.; and Okla ana. N o t e : Applicant states that the specific portions of its authority which homa City, Okla. N ote : Applicant states requested authority cannot be tacked Protestant believes to be in conflict with that the requested authority cannot be with its existing authority. If a hearing that sought in the application, and de- tacked with its existing authority. If a is deemed necessary, applicant requests scnbing in detail the method— whether hearing is deemed necessary, applicant it be held at Washington, D.C. oy joinder, interline, or other means— requests it be held at Dallas, Tex. oy which protestant would use such au No. MC 19227 (Sub-No. 153), filed thority to provide all or part of the serv No. MC 1117 (Sub-No. 10), filed May 5, 1971. Applicant: LEONARD ice proposed), and shall specify with April 30, 1971. Applicant: M.G.M. BROS. TRUCKING CO., INC., 2595 Particularity the facts, matters, and TRANSPORT CORPORATION, 70 Mal Northwest 20th Street, Miami, FL 33152. nings relied upon, but shall not include tese Drive, Totowa, NJ 07512. Applicant’s Applicant’s representatives: William O. sues or allegations phrased generally. representative: Morton E. Kiel, 140 Turney, 2001 Massachusetts Avenue N W „ Cedar Street, New York, N Y 10006. Au toinT+v no^ *n reasonable compliance Washington, D C 20036, and J. Fred D ew - th the requirements of the rules may thority sought to operate as a common hurst (same address as applicant). Au Af iujected- 'f’he original and one copy carrier, by motor vehicle, over irregular thority sought to operate as a common rw • P.^est shall be filed with the routes, transporting: New furniture, carrier, by motor vehicle, over irregular from ports of entry on the international rmTmiSS*on’ and a copy shall be served routes, transporting: ( 1) Pollution con boundary line between the United States »KvCUrren^ y upon applicant’s represent- trol systems and pollution control sys <_ „e’ or applicant if no representative and Canada located in New York and tem parts; (2) machinery, equipment, Protest includes a re- Vermont, to New York, N.Y., point in material, and supplies incidental to, shnii . oral hearing, such requests New Jersey in and north of Ocean and used in, or in connection with, the m anu „ meet the requirements of section Mercer Counties, those in Orange, Rock facture, installation, removal, operation, land, Suffolk, Ulster, Dutchess, Nassau, repair, servicing, and maintenance of in r ^ speeial rules, and shall Putnam, Sullivan, and Westchester c ude the certification required therein. pollution control systems and pollution Counties, N.Y., those in Connecticut, control systems parts, between points - c^on 247(f) of the Commission’s Massachusetts, Rhode Island, and Ver in the United States (except Hawaii). es of practice further provides that mont, and returned shipments in the N o t e : Applicant states that the re opposite direction. N o t e : Applicant quested authority cannot be tacked with Special Rule 247 (as amended) states that the requested authority can its ¡existing authority. I f a hearing is ^terstatA r-med by writing to the Secretary, be tacked with its existing authority but ton, D c Commission> Washing- does not identify the points or territories deemed necessary, applicant requests it that can be served through tacking. Per be held at Dallas, Tex. FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9156 NOTICES No. MC 30114 (Sub-No. 5), filed other lading), between Shelbyville and E X P R E S S CO.,. INC., 220 Ridge Road, April 26, 1971, Applicant: MITCHKO points in Shelby County, Ind., and Indi Lyndhurst, NJ 07071. Applicant’s rep TRUCKING, INC., 650 Myrtle Avenue, anapolis, Ind., from Shelbyville over resentative: Herm an B. J. Weckstein, 60 Boonton, NJ 07005. Applicant’s repre Indiana Highway 9 to junction Interstate P ark Place, Newark, N J 07102. Author sentative: Morton E. Kiel, 140 Cedar Highway 74, thence over Interstate High ity sought to operate as a common car Street, New York, N Y 10006. Authority way 74 to Indianapolis, and return over rier, by motor vehicle, over irregular sought to operate as a common carrier, the same route, serving all intermediate routes, transporting: Wearing apparel by motor vehicle, over irregular routes, - points. N o t e : If a hearing is deemed nec and materials and supplies used in the transporting: Defoaming compound, essary, applicant requests it be held at the manufacturing of wearing apparel, water treating compounds, boiler clean Indianapolis, Ind., or Chicago, 111. between Roxobel, N.C., on the one hand, and, on the other, Emporia, Va., and ing compounds, softening compounds, No. MC 41404 (Sub-No. 97), filed New York, N.Y. N o t e : Applicant states washing and cleaning compounds, fuel oil April 22, 1971. Applicant: ARCO- it will tack at Crewe and Emporia, Va., treating compounds, laundry compounds, COLLIER TRUCK LINES CORPORA to provide through service to points in and rust preventative compounds (except TION, Post Office Box 440, Fulton High in bulk), from Newark, Kearny, Edge- way, Martin, TN 38237. Applicant’s rep New Jersey and New York. If a hearing is deemed necessary, applicant requests water, Edison, and Raritan, N.J., to resentative : Tom D. Copeland (same points in New York in, east, and south address as above). Authority sought to it be held at Wilson, N.C., or Washington, of Allegany, Livingston, Ontario, Wayne, operate as a common carrier, by motor D.C. Cayuga, Oswego, Lewis, Herkimer, Ham vehicle, over irregular routes, transport No. M C 59117 (Sub-No. 37), filed ilton, Warren, and Washington Counties, ing: Meats, meat products and meat by April 23, 1971. Applicant: ELLIOTT points in Pennsylvania in and east of products, and articles distributed by meat T R U C K L IN E , INC., 101 East Excelsior, Potter, Cameron, Clearfield, Blair, Hunt packinghouses as described in appendix I Post Office Box 1, Vinita, O K 74301. Ap ingdon, and Pulton Counties, points in to the report in Descriptions of Motor plicant’s representative: Wilburn L. Maryland, except those in Garrett, Alle Carrier Certificates, 61 M.C.C. 209 and Williamson, Suite 280, National Founda gany, St. Mary’s, and Charles Counties, 766 (except hides and commodities in tion Life Center, 3535 Northwest 58th, and points in Delaware. N o t e : Applicant bulk), from the plantsite and warehouse Oklahoma City, O K 73112. Authority states that the requested authority can facilities of Dubuque Packing Co., D u sought to operate as a common carrier, not be tacked with its existing authority. buque, Iowa, to points in Illinois. Restric by motor vehicle, over irregular routes, If a hearing is deemed necessary, appli tion: Transportation restricted to that transporting: (1) D ry chemicals, includ cant requests it be held at New York, N.Y. which originates at the plantsite and ing fertilizer and fertilizer materials, in No. MC 32948 (Sub-No. 18), filed warehouse facilities of Dubuque Pack bulk or packages, from Military and A pril 23,1971. Applicant: P .A .K .T R A N S ing Co„ Dubuque, Iowa. N o t e : Applicant Hallowell, Kans., to points in Arkansas, PORT, INC., Meadow Road, Newport, states that the requested authority can Colorado, Iowa, Missouri, Nebraska, NH 03773. Applicant’s representative: be tacked with its existing authority but Oklahoma, and Texas; and (2) fertilizer Robert A. Peirce (same address as appli indicates that it has no present intention and fertilizer materials, dry, in bulk or cant) . Authority sought to operate as a to tack, and therefore, does not identify in packages, insecticides, fungicides, and common carrier, by motor vehicle, over the points or territories which can be herbicides (except liquid in bulk), in irregular routes, transporting: Prefabri served through tacking. Persons inter cluding these commodities in mixed ship cated marinas, docks, floats, wharves, ested in the tacking possibilities are ments with manufactured fertilizer and and launching ramps, and in connection cautioned that failure to oppose the fertilizer materials, from points on tne therewith, component parts and mate application may result in an unrestricted Arkansas and Verdigris Rivers in Okla rials incidental to the manufacture, as grant of authority. Common control and homa, to points in Arkansas, Colorado, sembly, delivery, launching, completion, dual operations may be involved. If a Illinois, Iowa, Kansas, Minnesota, Mis and maintenance of such marinas, docks, hearing is deemed necessary, applicant souri, Nebraska, Oklahoma, South Da floats, wharves, and launching ramps, requests it be held at Chicago, 111., Des kota, Texas, and Wisconsin. N ote: Ap between points in Windsor County, Vt., Moines, Iowa, or St. Louis, Mo. plicant states that the requested author on the one hand, and, on the other, No. MC 41404 (Sub-No. 98), filed ity cannot be tacked with its existing points in Maine, New Hampshire, Mas April 30, 1971. Applicant: ARGO-COL- authority. If a hearing is deemed neces sachusetts, Rhode Island, Connecticut, LIER TRUCK LINES CORPORATION sary, applicant requests it be neld « New York, New Jersey, and Pennsylvania. Post Office Box 440, Fulton Highway, Kansas City, Mo., or Oklahoma City, N o t e : Applicant states that the re Martin, TN 38237. Applicant’s repre Okla. quested authority cannot be tacked with sentative: Tom D. Copeland (same ad No. MC 67996 (Sub-No. 5). ^ its existing authority. Applicant holds dress as applicant). Authority sought to April 29, 1971. Applicant: ^STILLER contract carrier authority under MC operate as a common carrier, by motor TRANSFER SERVICE, INC., Box 51. 21945 and Subs thereunder, therefore, vehicle, over irregular routes, transport Bardstown, K Y 40004. Applicants rep dual operations may be involved. If a ing: Meats, meat products and meat by resentative: Robert H. Kinke ’40601 hearing is deemed necessary, applicant products, and articles distributed by Office Box 464, Frankfort, KY 40601; requests it be held at Concord, N.H., or meat packinghouses, as described in Ap Authority sought to operate as a co// Montpelier, Vt. pendix I to the report in Description of mon carrier, by motor we^il^}e’ nl com- No. MC 35286 (Sub-No. 2), filed Motor Carrier Certificates, 61 M.C.C. 209 ular routes, transporting: General cm April 14, 1971. Applicant: TRUCK LINE and 766 (except hides and commodities modities (except those of u^us^ sehold DISTRIBUTION SYSTEMS, INC., 1905 in bulk), from the plantsite and ware classes A arLtiana Ra exnlosives, - houseu__,iCo(nn. _ South Belmont, Indianapolis, IN 46221. house facilities of Krey Packing Com goods os defined by ^ e Applicant’s representative: Warren C. pany located at St. Louis, Mo., to points commodities in bu lk ,an<3.^ ? Rardstown. Moberly, 777 Chamber of Commerce in Alabama, Florida, Georgia; Kentucky, special equipment), serving ,.n Building, Indianapolis, IN 46204. Au Louisiana, Mississippi, North Carolina, Ky., as an off-route points in South Carolina, Tennessee, and Virginia. thority sought to operate as a common with applicant's presently is carrier, by motor vehicle, over regular Note: Applicant states that the requested routes, transporting: General commodi authority cannot be tacked with its exist route operations. N ote . If es+s it ties (except those of unusual value, and ing authority. Common control and dual deemed necessary, applicant req except dangerous explosives, household operations may be involved. If a hearing be held at Louisville, Ky. goods as defined in Practices of Motor is deemed necessary, applicant requests No. MC 72442 (Sub-No.V.^ jJ rS Common Carrier of Household Goods, it be held at St. Louis, Mo., Louisville, Ky., or Nashville, Tenn. . April 30, 1971. Appbcant. A K ^ 17 M.C.C. 467, commodities in bulk, com MOTOR LINES, INC., Post Office^ No. MC 44639 (Sub-No. 35) filed modities requiring special equipment, 579, Gastonia, N C 28052. APP and those injurious or contaminating to April 23, 1971. Applicant: L. & M. FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 NOTICES 9157 representative: Paul M. Daniell, Post O f Cliffside, N.C„ thence over Alternate the same route; (13) between Camden, fice Box 872, Atlanta, G A 30301. A u UJ3. H ighway 221 to Forest C ity ), thence S.C., and Charleston, S.C., serving all thority sought to operate as a common over U.S. Highway 74 to Asheville and intermediate points, from Camden over carrier, by motor vehicle, over regular return over the same routes; (5) between UJS. Highway 521 to Sumter, S.C., thence routes, transporting: General commodi Conover, N.C., and Monroe, N.C., serving over UJS. Highway 15 to Wells, S.C., ties (except those of unusual value, all intermediate points, from Conover thence over U.S. Highway 176 to Charles classes A and B explosives, tobacco, over North Carolina Highway 16 to New ton and return over the same route; (14) liquor, commodities in bulk, commodi ton, N.C. (also from Conover over UJS. between Columbia, S.C., and Sumter, ties requiring special equipment and Highway 321 to Newton, N.C.), thence S.C., serving all intermediate points, household goods as defined by the Com over U.S. Highway 321 to Lincolnton, from Columbia over U.S. Highway 76 to mission) ; (1) between Greensboro, N.C., N.C., thence over North Carolina High Sumter and return over the same route; and Thomasville, Ga., serving all inter way 27 to Charlotte, N.C., thence over (15) between junction U.S. Highways mediate points, from Greensboro over U.S. Highway 74 to Monroe, and return 176 and 21 near Sandy Run, S.C., and U.S. Highway 29 and Alternate U.S. over the same route; Wells, S.C., serving all intermediate Highway 29 via Charlotte, N.C., Spartan ( 6) Between Salisbury, N.C., and points, from junction UJS. Highways 173 burg and Greenville, S.C., Athens anti Albemarle, N.C., serving all intermediate and 21 over UJS. Highway 176 to Wells Atlanta, Ga., to La Grange, Ga., thence points, from Salisbury over UJS. High and return over the same route; (16) be over Georgia Highway 219 to junction way 52 via New London, N.C., to Albe tween Pineville, N.C., and Kershaw, S.C., Georgia Highway 103, thence over marle (also from New London over serving all intermediate points, from Georgia Highway 103 to Columbus, Ga. North Carolina Highway 740 to Badin, Pineville over U.S. Highway 521 to Ker (also from Greenville over U.S. High N.C., thence over unnumbered highway shaw and return over the same route; way 123 to Easley, S.C., thence over to Albemarle) and return over the same (17) between Chester, S.C., and Lan South Carolina Highway 93 to junction routes; (7) between Asheville, N.C., and caster, S.C., serving all intermediate U.S. Highway 123 near Clemson, S.C., junction U.S. Highway 25 and South points, from Chester over South Caro thence over U.S. Highway 123 to Cor Carolina Highway 121 near Trenton, lina Highway 9 to Lancaster and re nelia, Ga., thence over U.S. Highway 23 S.C., serving all intermediate points, turn over the same route; (18) between to Atlanta and thence over Georgia from Asheville over U.S. Highway 25 to Spartanburg, S.C., and Laurens, S.C., Highway 85 to Columbus), thence over junction South Carolina Highway 121 serving all intermediate points, from U.S. Highway 280 to Richland, Ga., near Trenton, and return over the same Spartanburg, over UJS. Highway 221 to thence over Georgia Highway 55 to D aw route; ( 8) between Hendersonville, N.C., Laurens and return over the same route; son, Ga., thence over U.S. Highway 82 to and Whitmire, S.C., serving all inter (19) between Greenville, S.C., and New Albany (also from Athens over U.S. mediate points, from Hendersonville berry, S.C., serving all intermediate Highway 129 to Macon, Ga., thence over over U.S. Highway 176 to Whitmire and points, from Greenville over U.S. High U.S. Highway 41 to Cordele, Ga., and return over the same route; (9) between way 276 to junction South Carolina thence over Georgia Highway 257 to A l Charlotte, N.C., and Albany, Ga., serv Highway 417, thence over South Caro bany) and thence over Georgia Highway ing all intermediate points, from Char lina Highway 417 to junction South 3 to Thomasville (also from Albany over lotte over U.S. Highway 521 to Pineville, Carolina Highway 14, thence over South Georgia Highway 133 to Moultrie, Ga., N.C., thence over North Carolina High Carolina Highway 14 to Laurens, S.C., and thence over U.S. Highway 319 to way 51 to junction U.S. Highway 21, thence over U.S. Highway 76 to New Thomasville), and return over the same thence over U.S. Highway 21 via Colum berry and return over the same route; route; bia, S.C., to Salkehatchie, S.C., thence (2) Between Raleigh, N.C., and C har over Alternate UJS. H ighway 17 to Poca- (20) Between Greenville, S.C., and lotte, N.C., serving all intermediate taligo, S.C., thence over U.S. Highway 17 Calhoun Falls, S.C., serving all inter points; (a) from Raleigh over U.S. High to Savannah, Ga., (also from Pineville mediate points, from Greenville over way 70 to Greensboro, N.C., thence over over UJS. Highway 21 to the North South Carolina Highway 81 to Calhoun UB. Highway 421 to Winston-Salem, Carolina-South Carolina State line, Falls and return over the same route; thence °ver U.S. Highway 158 to thence over South Carolina Highway 72 (21) between Clemson, S.C., and Lau Mocksville, N.C., thence over U.S. High via Rock Hill, S.C., to Chester, S.C., rens, S.C., serving all intermediate way 64 to Statesville, N.C., thence over thence over U.S. Highway 321 to Savan points, from Clemson over UJS. Highway JJ-S. Highway 21 to junction North Caro- nah), thence over U.S. Highway 17 via 76 to Laurens and return over the same una Highway 115, thence over North Midway, Ga., to Brunswick, Ga., thence route; (22) between Whitmire, S.C., and Carolina Highway 115 to junction U.S. over U.S. Highway 84 to W ay cross, Ga. Athens, Ga., serving all intermediate Highway 21 near Charlotte, N.C., thence (also from Midway over U.S. Highway 82 points, from Whitmire over South Caro u-s- Highway 21 to Charlotte, N.C., to Waycross), thence over UJ3. Highway lina Highway 72 to the South Carolina- ana return over the same route; (b ) from 82 to Albany and return over the same Georgia State line, thence over Geor naieigh over U.S. Highway 64 to Ashe- route; (10) between Concord, N.C., and gia Highway 72 to Athens and return over °°ro, N.C., thence over North Carolina Augusta, Ga., serving all intermediate the same route; (23) between Seneca, Highway 49 to Charlotte and return over points, from Concord over U.S. Highway S.C., and Monroe, Ga., serving all inter tt o s^rne rou te; (c) from Raleigh over 601 to Kershaw, S.C., thence over UJS. mediate points, from Seneca over South ‘ ‘ irfkway l to Sanford, N.C., thence Highway 521 to Camden, S.C., thence Carolina Highway 59 to the South Caro- Z lv u-s- Highway 15 to Carthage, N.C.; over U.S. Highway 1 to Augusta and re lina-Georgia State line, thence over Georgia Highway 59 to Commerce, Ga., tn K FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9158 NOTICES to junction U.S. Highway 41 near Griffin, moving to or from points north of the 68107. Applicant’s representative: Don Ga., thence over U.S. Highway 41 to North Carolina-Virginia State line. ald L. Stem, 530 Univac Building, Forsyth, Ga. (also from Atlanta over U.S. Service at authorized points in Georgia, Omaha, N E 68106. Authority sought to Highway 23 to Forsyth), thence over except for the pickup of cotton piece operate as a common carrier, by motor U.S. Highway 41 to Macon, Ga., thence goods, is restricted to traffic moving vehicle, over irregular routes, transport over U.S. Highway 23 to Hazlehurst, Ga., from, to, or through (a ) points in 11 ing: (1) (a) Tractors (except those with thence over U.S. Highway 341 to Jesup South Carolina counties named above; vehicle beds, bed frames and fifth and return over the same routes; (b) Gastonia, N.C., and points in North wheels); (b) equipment designed for use (26) Between Echeconnee, Ga., and Carolina within 25 miles of Gastonia; in conjunction with tractors; (c) agri Albany, Ga., serving all intermediate and (c) points north of the North cultural, industrial, and construction points, from Echeconnee over Georgia Carolina-Virginia State line, serving the machinery and equipment; (d) trailers Highway 49 to Americus, Ga., thence commercial’zones of all authorized points. designed for the transportation of the over U.S. Highway 19 to Albany and re N o t e : The authority sought in this pro above-described commodities (except turn over the same route; (27) between ceeding duplicates the routes authorized those trailers designed to be drawn by Cordele, Ga., and Valdosta, Ga., serving in Part C of the certificate issued to passenger automobiles); (e) attach all intermediate points, from Cordele applicant in MC 72442 (Sub-No. 4). The ments for the above described commod over U.S. Highway 41 to Valdosta and change in the authority sought here in ities; (f) internal combustion engines; return over the same route; (28) between that authorized in Part C of Sub 4 re and (g ) parts of the above-described Madison, Ga., and Woodbury, Ga., serv lates to the restriction set forth in the commodities when moving in mixed loads ing all intermediate points; from Madi second restricting paragraph of Part C. with such commodities, from the plants, son over Georgia Highway 83 to Monti- As here material that restriction limits warehouse sites, and experimental farms cello, Ga., thence over Georgia Highway Georgia traffic to shipments originating of Deere & Co. in Blackhawk, Dubuque, 16 to Griffin, Ga., thence over U.S. High at or destined to eleven specified South Polk, and W apello Counties, Iowa, and way 19 to Zebulon, Ga., thence over Carolina counties and Gastonia, N.C., Rock Island County, 111., to points in Georgia Highway 18 to Woodbury and and points within 25 miles thereof and Nebraska, South Dakota and Wyoming; return over the same route; (29) be points which would be north of the North and ( 2) returned or rejected shipments, tween Zebulon, Ga., and Barnesville, Ga., Carolina-Virginia State line. The sole from the destination States named above serving all intermediate points, from purpose of this application is to modify to the named plants, warehouse sites, Zebulon over U.S. Highway 19 to Thom- that restriction so that it would be re and experimental farms of Deere & Co. aston, Ga., thence over Georgia High stricted to traffic moving from, to, or Restriction: The authority'in (1) above way 36 to Bamesville and return over through the described territory. If a is restricted to traffic originating at the the same route; (30) between Fort Val hearing is deemed necessary, applicant plants, warehouse sites, and experimental ley, Ga., and Eastman, Ga., serving all requests it be held at Atlanta, Ga., and farm s of Deere & Co. and the authority intermediate points, from Fort Valley, Charlotte, N.C. in ( 2) above is restricted to traffic destined to such facilities of Deere & Co. Ga., over U.S. Highway 341 via Perry, No. MC 73165 (Sub-No. 292), filed N o t e : Applicant states that the re Ga., and Hawkinsville, Ga., to Eastman, April 23, 1971. Applicant: EAGLE quested authority cannot be tacked with Ga., and return over the same route; MOTOR LINES, INC., 830 North 33d its existing authority. If a hearing is (31) between Camilla, Ga., and Moultrie, Street, Post Office Box 11086, Birming deemed necessary, applicant requests it Ga., serving all intermediate points, from ham, AL 35202. Applicant’s representa be held at Omaha, Nebr., or Chicago, HI. Camilla over Georgia Highway 37 to tive: Robert M. Pearce, Post Office Box E, Motiltrie and return over the same Bowling Green, KY 42101. Authority No. M C 85465 (Sub-No. 35), filed route; (32) between Gray, Ga., and W ar- sought to operate as a common carrier, Lpril 30, 1971. Applicant: WEST NE- renton, Ga., serving all intermediate by motor vehicle, over irregular routes, IRASKA E X PR ESS, INC., Post Office points, from Gray over Georgia Highway transporting: Mining machinery and re lox 952, Scottsbluff, N E 69361. Appli- 22 to Sparta, Ga., thence over Georgia lated machinery tools, parts, and sup ant’s representative: Truman A. Stock- Highway 16 to Warrenton and return plies, from Columbus, Ohio, to points in on, Jr., The 1650 Grant Street Building, over the same route; (33) between New Mexico, Colorado, Nevada, Utah, )enver, C O 80203. Authority sought to Macon, Ga., and Eastman, Ga., serving Wyoming, California, and Arizona. perate as a common carrier, by motor all intermediate points, from Macon over N o t e : Applicant states that the re ehicle, over irregular routes, transport- U.S. Highway 80 to Dublin, Ga., thence quested authority cannot be tacked with ng: Plastic flatware (knives, forks ana over U.S. Highway 319 to junction its existing authority. If a hearing is poons), from the plantsite of Clear Georgia Highway 117, thence over Geor deemed necessary, applicant requests it Shield Plastics, Inc., at Leominster, gia Highway 117 to Eastman and return be held at Nashville, Tenn. lass., to points in California, Georgia, over the same route; Florida, Illinois, Indiana, Iowa, Ken* (34) Serving the following off-route No. MC 76264 (Sub-No. 28), filed ucky, Michigan, Minnesota, North Caro- points in connection with routes de May 5, 1971. Applicant: W EBB TRANS ina, Oregon, South Carolina, Tennessee, scribed hereinabove: Cooleemee, Eden FER LINE, INC., Box 231, Shelbyville, rexas, Washington, and Wisconsin. (Leaksville-Spray), Norwood and Mount K Y 40065. Applicant’s representative: To t e : Applicant states that the requ Robert H. Kinker, 711 McClure Building, Gilead, N.C., and points in North Caro mthority cannot be tacked with l a Frankfort, K Y 40601. Authority sought lina within 25 miles of Gastonia, N.C.; sting authority. If a hearing is dee to operate as a common carrier, by motor Cateechee, Cherokee Falls, Kings Creek, lecessary, applicant requests it be vehicle, over irregular routes, transport Pickens, Walhalla, Buffalo, Lockhart, it Boston, Mass., or Washington, u.c. Hampton, Fort Jackson, and Parris ing : Plywood, from the plantsite of Gen No. M C 89723 6 1 ) , ^ Island, S.C., points within ,15 miles of eral Plywood Corp., at New Albany, Ind., (Sub-No. Spartanburg, S.C., and points within 15 to points in Arkansas, Kansas, Michigan, April 19, 1971. Applicant: MKSOUK miles of Greenville, S.C.; Bainbridge, Minnesota, Missouri, Oklahoma, and PACIFIC TRUCK LINES, 1Q3 Clarkesville, Clayton, Clyattville, Clax- Texas. N o te : Applicant states that the sTorth 13th Street, St. Louis, MO 63iw- ton, Douglas, Habersham, Hawkinsville, requested authority cannot be tacked Applicant’s representative: Rwer Juliette, Millen, Milstead, Porterdale, with its existing authority. Applicant now Davis, 210 North 13th Street St. Potterville, Warm Springs, Warner Rob holds contract carrier authority under its HO 63103. Authority sought to op ins, and Woodland, Ga. Restriction: The No. M C 117606, therefore dual operations is a common carrier, by motor ve c , service sought hereinabove is subject to may be involved. If a hearing is deemed >ver regular routes, transporting. the following conditions: Service at au necessary, applicant requests it be held iral commodities, between pomra at Louisville, Ky. thorized points in South Carolina (other Arkansas as presently authorized than those in Anderson, Oconee, Pickins, No. MC 82841 (Sub-No. 82), filed olicant’s certificate MC 89723 Greenville, Spartanburg, Cherokee, Lau April 26, 1971. Applicant: HUNT TRANSPORTATION, INC., 801 Live L4) , in service auxiliary to and fic rens, Union, York, Greenwood, and Abbe mental of rail service of Missouri ville Counties) is restricted to traffic stock Exchange Building, Omaha, NE FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 NOTICES 9159 Railroad Co. N ote : The instant applica HI., to points in Alabam a, Indiana, Iowa, of antipollution and environmental con tion seeks solely to modify Texarkana, Kansas, Kentucky, Michigan, Minnesota, trol and protective systems, from the Ark., as a key point in said certificate Missouri, Oklahoma, Tennessee, and plantsite and warehouse facilities uti so as to hereafter apply only on traffic Wisconsin and (3) agricultural machin lized by Defiance Co. located at or near from or via Little Rock, Ark., on the one ery and implements, agricultural ma Picayune, Miss., to points in the United hand, and to or via Dallas, Tex., on the chinery and implement parts and attach States (except Alaska and Hawaii). other hand (or vice-versa), interchanged ments, and iron and steel panelling, from N o t e : Applicant states that the re between Missouri Pacific Railroad Co. G alva and Sandwich, HI., to points in quested authority cannot be tacked with and the Texas & Pacific Railway Co. at the United States (except Alaska, Ari its existing authority. If a hearing is Texarkana; but subject, to the remain zona, California, Hawaii, Idaho, Nevada, deemed necessary, applicant requests it ing key points and all other restrictions Oregon, Utah, and Washington). N o t e : be held at Jackson, Miss., or Shreveport, in said certificate. No new routes or Applicant states that the requested au La. points are sought to be served. Appli thority can be tacked with its existing No. MC 101474 (Sub-No. 15), filed cant states it is a wholly owned sub authority but indicates that it has no sidiary of the Missouri Pacific .Railroad present intention to tack and therefore April 19, 1971. Applicant: RED TOP TRUCKING COMPANY, INCORPO Co. If a hearing is deemed necessary, does not identify the points or territories applicant requests it be held • at Little which can be served through tacking. RATED, 7020 Cline Avenue, Hammond, Rock, Ark. Persons interested in the tacking possi IN 46323. Applicant’s representative: Ernest A. Brooks II, 1301 Ambassador bilities are cautioned that failure to op No. MC 94350 (Sub-No. 288), filed Btulding, St. Louis, Mo. 63101. Authority April 19, 1971. Applicant: T R A N S IT pose the application may result in an unrestricted grant of authority. If a sought to operate as a common carrier, HOMES, INC., Haywood Road, Post O f by motor vehicle, over irregular routes, fice Box 1628, Greenville, SC 29602. A p hearing is deemed necessary, applicant requests it be held at Chicago, 111., or transporting: Fabricated iron and steel, plicant’s representatives: Mitchell King, fabricated iron and steel articles, and St. Louis, Mo. Jr. (same address as applicant) • and iron and steel nuts, bolts and rivets, from Ames, Hill & Ames, 666 11th Street NW ., No. MC 96615 (Sub-No. 8), filed April South Charleston. W. Va., to points in Suite 705, McLachlen Bank Building, 5, 1971. Applicant: SEATTLE-ANCHOR- Illinois, Indiana, Kentucky, Maryland, Washington, DC 20001. Authority sought AGE-FAIRBANKS EXPRESS, INC., Michigan, North Carolina, Ohio, Penn to operate as a common carrier, by motor 2201 Sixth Avenue South, Seattle, W A sylvania, South Carolina, Virginia, Ten vehicle, over irregular routes, transport 98134. Applicant’s representative: Rich nessee, and the District of Columbia. ing: Trailers designed to be drawn by ard J. Howard, White-Henry-Stuart N o t e : Applicant states that the requested passenger automobiles in initial ship Building, Seattle, Wash. 98101. Authority authority cannot be tacked with its exist ments, from points in Gaston County, sought to operate as a common carrier, ing authority. If a hearing is deemed N.C., to points in the United States, east by motor vehicle, over regular routes, necessary, applicant requests it be held of the Mississippi River, including Loui transporting: General commodities, ex at Washington, D.C., or Chicago, HI. siana and Minnesota. N o t e : Applicant cept those of unusual value, classes A No. MC 105045 (Sub-No. 30), filed states that the requested authority can and B explosives, household goods as de April 26, 1971. Applicant: R. L. JEF not be tacked with its existing authority. fined by the Commission, commodities in If a hearing is deemed necessary, appli bulk, commodities requiring special FRIES TRUCKING CO., INC., 1020 Pennsylvania Street, Evansville, IN cant requests it be held at Charlotte, N.C. equipment, and those injurious or con 47701. Applicant’s representative: Ernest taminating to other lading, between No. MC 94350 (Sub-No. 289), filed A. Brooks II, 1301 Ambassador Building, Seattle, Wash., and ports of entry on the April 30, 1971. Applicant: T R A N S IT St. Louis, MO 63124. Authority sought international boundary line between the HOMES, INC., Haywood Road, Post O f to operate as a common carrier, by motor United States and Canada located at or fice Box 1628, Greenville, SC 29602. A p vehicle, over irregular routes, transport near Blaine and Sumas, Wash., from plicant’s representative: Mitchell King, ing: Elevators, escalators, moving stair Seattle over Interstate Highway 5 to the Jr. (same address as applicant). Author ways, and parts and attachments for port of entry at or near Blaine (also from ity sought to operate as a common elevators, escalators, and moving stair the junction of Interstate Highway 5 carrier, by motor vehicle, over irregular ways, between Hazlehurst, Ga., on the and Washington Highway 542 to Belling routes, transporting: Trailers, designed one hand, and, on the other, points in ham, Wash., over Washington Highway 9 to be drawn by passenger automobiles in Connecticut, Massachusetts, Michigan, to the port of entry at or near Sumas), mitral shipments, from Caldwell Parish, Minnesota, New Jersey, New York, Ohio, and return over the same routes, serving to points in the United States (in Rhode Island, Texas, and Wisconsin. no intermediate points, as alternate cluding Alaska and H a w a ii). N o t e : Com N o te : Applicant states that the requested routes for operating convenience only, in mon control may be involved. Applicant authority cannot be tacked with its ex connection with applicant’s presently states that the requested authority can isting authority. If a hearing is deemed held regular route authority. N o t e : A p not be tacked with its existing authority. necessary, applicant requests it be held plicant states that the authority sought ■7 a hearing is deemed necessary, appli- at Washington, D.C. ant requests it be held at Monroe, La. is restricted to traffic moving to or from the State of Alaska through Canada. If No. MC 105997 (Sub-No. 11), filed No. Me 95084 (Sub-No. 81), filed a hearing is deemed necessary, applicant April 23, 1971. Applicant: OIL-WAYS ttS 30’ 1971 • APPlicant : HOVE TRUCK requests it be held at Seattle, Wash. CO., a corporation, 201 Bloomfield Av Stanhope, Iowa 50246. Applicant’s enue, Nutley, NJ 07110. Applicant’s rep No. MC 100666 (Sub-No. 188), filed representative: Kenneth P. Dudley, 611 resentative: Robert DeKroyft, 24 Bran April 23, 1971. Applicant: MELTON cnurch Street, Post- Office Box 279, ford Place, Newark, NJ 07102. Authority T R U C K LIN E S, INC.,. Post Office Box IA 52501. Authority sought to sought to operate as a contract carrier, 7666, Shreveport, La. 71107. Applicant’s vtfri as a pommon carrier, by motor by motor vehicle, over irregular routes, representatives: Wilburn L. Williamson, ine-M\0Ver in su la r routes, transport- transporting: Alcohol, solvents and vinyl Suite 280, National Foundation Life Cen imn7 Agricultural machinery and acetate in bulk, in tank trucks, and . ? prxents, and agricultural machinery ter, 3535 Northwest 58th, Oklahoma City, Polyethelene in packages, or in bulk, fm ^Vlement parts and attachments, OK 73112 and Paul Caplinger (same ad from Newark, Carlstadt, Bayonne, and dress as applicant). Authority sought to Cm» ^ anee’ HI-, to points in Alabama, Edgewater, N.J., to points in Connecti Delaware, Florida, Georgia, operate as a common carrier, by motor cut, Rhode Island, Massachusetts, Maine, Han,6’ Maryland, Massachusetts, New vehicle, over irregular routes, transport New Hampshire, Vermont, New York, ing: Antipollution systems equipment C s S Shlre’ New Jersey, New York, North Pennsylvania, Maryland, Delaware, Vir p.ennsylvania, Rhode Island, and parts; environmental control and ginia, West Virginia, North Carolina and Viriri»*» aro**na* Vermont, Virginia, West protective systems equipment and parts; South Carolina, under contract with U.S. (2) J a’ and the District of Columbia, and equipment, materials, and supplies Industrial Chemicals Co. Division Na wring steel parts, from East Alton, used in the construction or installation tional Distillers & Chemicals Corp. and FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9160 NOTICES Commercial Solvents Corp. N o t e : I f a common carrier, by motor vehicle, over cant’s representative: J. A. Kundtz, l i o o hearing is deemed necessary, applicant irregular routes,, transporting: Garden National City Bank Building, Cleveland, requests it be held at Newark, N.J., or tractors, and: lawn mowers and parts, O H 44114. N o t e : The purpose of this New York City, N.Y. attachments and accessories therefor, partial republication is to reflect the from Lexington, S.C., to points in Mis correct docket number as MC 108393 No. MC 106398 (Sub-No. 541), filed souri, Minnesota, Ohio, Indiana, Texas, (Sub-N o. 46) in lieu of M C 10839, which April 30, 1971. Applicant: NATIONAL and Tennessee.. N o t e : Applicant states was erroneously shown in previous pub TRAILER CONVOY, INC., 1925 National that the requested authority cannot be lication. The rest of the application Plaza, Tulsa, OK 74151. Applicant's rep tacked with its existing authority. Ap remains as previously published. resentative: Irvin Tull (same address as plicant further states that no duplicat applicant) and Leonard A. Jaskiewicz, No. M C 108449 (Sub-No. 325) , filed ing authority is being sought. If a hear Suite 501, 1730 M Street NW., Washing April 26, 1971. Applicant: INDIANHEAD ing is deemed necessary, applicant re ton, DC 20036. Authority sought to op TRUCK LINE, INC., 1947 West County quests it be held at Atlanta, Ga. erate as a common carrier, by motor Road C, St. Paul, M N 55113. Applicant’s vehicle, over irregular routes, transport No. MC 107515 (Sub-No. 753), filed representatives: W . A. Myllenbeck (same ing: Trailers, designed to be drawn by April 28, 1971. Applicant: REFRIGER address as applicant) and Adolph J. passenger automobiles, in initial move ATED TRANSPORT CO., INC., Post Bieberstein, 121 W est Doty Street, Madi ments, from points in Chickasaw County, Office Box 308, Forest Park, GA 30050. son, W I 53703. Authority sought to oper Miss., to points in the United States (ex Applicant’s representative: Paul M. ate as a common carrier, by motor cept Alaska and H aw aii). N o te : Common Daniell,, Post Office Box 872, Atlanta, vehicle, over irregular routes, transport control and dual operations may be in GA 30301. Authority sought to operate ing: Commodities in bulk, having an volved. Applicant states that the re as a common carrier, by motor vehicle, immediate prior or subsequent move quested authority cannot be tacked with over irregular routes, transporting: ment over the lines of the Soo Line Rail its existing authority. If a hearing is Foodstuffs (except in bulk), in vehicles road Co., between points in Illinois, the deemed necessary, applicant requests it equipped with mechanical refrigeration, Upper Peninsula of Michigan, Minne be held at Jackson, Miss. from points in El Paso, Hudspeth, Cul sota, North Dakota, South Dakota, and berson, Jeff Davis, Presidio, Brewster, Wisconsin. N o t e : Applicant states that No. MC 107295 (Sub-No. 509), filed Terrell, Val Verde, Kinney, Maverick, the requested authority can be tacked April 26, 1971. Applicant: PRE-FAB with its existing authority but indicates TRANSIT CO., a corporation, 100 South Webb, Zapata, Starr, Nueces, Titus, that it has no present intention to tack Main Street, Farmer City, IL 61842. Ap Hidalgo, Cameron, Willacy, Bexar, Dal and therefore does not identify the plicant’s representative: Dale L. Cox las, Tarrant, San Patricio, and Smith points or territories that could be served (same address as above). Authority Counties, Tex., to points in Alabama, through tacking. Persons interested in sought to operate as a common carrier, Georgia, Florida, Tennessee (except the tacking possibilities are cautioned by motor vehicle, over irregular routes, Memphis and its commercial zone), that failure to oppose the application transporting: Asbestos-cement pipe and South Carolina, North Carolina* Ken may result in an unrestricted grant of conduit fittings and accessories neces tucky, Virginia, West Virginia, Mary authority. I f a hearing is deemed neces sary for the installation thereof, from land, Delaware, Pennsylvania, New Jer sary, applicant requests it be held at Cheektowaga, N.Y., to points in Connect sey, N ew York, Connecticut, Massachu Chicago, HI., or Minneapolis, Minn. icut, Delaware, Illinois, Indiana, Ken setts, Rhode Island, and the District of tucky, Maine, Maryland, Massachusetts, Columbia. N o t e : Applicant states that No. M C 108859 (Sub-No. 54), filed Michigan, New Hampshire, New Jersey, the requested authority can be tacked April 28, 1971. Applicant: CLAIRMONT New York, North Carolina, Ohio, Penn with its existing authority but indicates TRANSFER CO., a corporation, 1803 sylvania, Rhode Island, South Carolina, that it has no present intention to tack Seventh Avenue North, Escanaba, MI Tennessee, Vermont, Virginia, West Vir and therefore does not identify the 49820. Applicant’s representative: Elmer ginia, and the District of Columbia. points or territories which can be served J. W ery (same address as applicant). through tacking. Persons interested in N ote : Applicant states that the requested Authority sought to operate as a common authority cannot be tacked with its ex the tacking possibilities are cautioned carrier, by motor vehicle, over irregular isting authority. If a hearing is deemed that failure to oppose the application routes, transporting: General commodi necessary, applicant requests it be held may result in an unrestricted grant of ties (except those of unusual value, at Buffalo, N.Y., or Washington, D.C. authority. Applicant further states no classes A and B explosives, household duplicating authority sought. If a hear goods as defined by the Commission, No. MC 107295 (Sub-No. 510), filed ing is deemed necessary, applicant re commodities in bulk, and those requiring April 26, 1971. Applicant: PRE-FAB. quests it be held at San Antonio or special equipment), serving the Alu TRANSIT CO., a corporation, 100 South Corpus Christi, Tex. minum Specialty Co. plantsite at or near Main Street, Farmer City, IL 61842. Ap No. MC 108340 (Sub-No. 22), filed Seymour, Wis., as an off-route point m plicant’s representatives: Dale L. Cox connection with carrier’s authorized and Mack Stephenson (same address as April 26, 1971. Applicant: HANEY TRUCK LINE, 2219 Cedar Street, Forest regular route operations in Wisconsin, applicant). Authority sought to operate Michigan, Illinois, Indiana, Kentucky, as a common carrier, by motor vehicle, Grove, OR. Applicant’s representative: Lawrence V. Smart, Jr., 419 Northwest and Ohio. N o t e : Common control may over irregular routes, transporting: be involved. If a hearing is deemed Panels, insulated panels and accessories, 23d Avenue, Portland, O R 97210. Author ity sought to operate as a common necessary, applicant requests it be nei metal building parts and accessories, in at Chicago* 111., or Madison or m u - sulation and accessories, and wall sec carrier, by motor vehicle, over irregular waukee, Wis. tions and accessories, from Pine Bluff, routes, transporting: Paper and paper Ark., to points in the United States (ex articles, between points in Washington No. M C 109677 (Sub-No. 39), County, Oreg., on the one hand, and, on cept Alaska and Hawaii). N o t e : Appli April 29, 1971. Applicant: FORT cant states that the requested authority the other, points in Washington. N o t e : WARD EXPRESS CO., INC., Route cannot be tacked with its existing au Applicant states that the requested au Saratoga Road, Fort Edward, NY 1 • thority. If a hearing is deemed necessary, thority cannot be tacked with its existing Applicant’s representative: Haroia applicant requests it be held at Little authority. If a hearing is deemed neces Hemly, 2030 North Adams Street, at Rock, Ark. sary, applicant requests it be held at lington, VA 22201. Authority sought m Portland, Oreg. operate as a common carrier, by No. MC 107515 (Sub-No. 749), filed vehicle, over irregular routes, franpo No. MC 108393 (Sub-No. 46) (correc April 21, 1971. Applicant: REFRIGER ing: Petroleum products, in bulk, m ta tion) * filed March 18, 1971, published in ATED TRANSPORT CO., INC., Post Of vehicles, from Plattsburgh, N- •» ^ the F ederal R eg ister issue of April 29, points in Vermont bounded on thesmi fice Box 308, Forest Park, GA 30050. 1971, and republished in part as cor by U.S. Highway 4 and on the east Applicant’s representative: Paul M. rected, this issue. Applicant: S IG N A L Danieli, Post Office Box 872, Aitanta, G A DELIVERY SERVICE, INC., 930 North U.S. Highway 5, at the junction o f ■ • 30301. Authority sought to operate as a York Road, Hinsdale, IL 60521. Appli Highways 4 and 5 northerly to FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 NOTICES 9161 Burke, continuing in a northerly direc be held at Des Moines, Iowa, or Wash No. MC 111170 (Sub-No. 160), filed tion on Vermont Highway 5-A to Derby ington, D.C.- April 26, 1971. Applicant: WHEELING PIPE LINE, INC., Post Office Box 1718, Center, thence on U.S. Highway 5 to the No. MC 110589 (Sub-No. 6 ), filed Quebec-Vermont border, and bounded El Dorado, AR 71730. Applicant’s repre April 21, 1971. Applicant: J. E. LAM- on the north by said Quebec-Vermont MERT TRANSFER, INC., 317 North sentative : Don A. Smith, Post Office Box border, and on the west by Lake Cham Oak Street, Grand Island, NE 68801. Ap 43, Fort Smith, AR 72901. Authority plain. N o t e : Applicant states that the plicant’s representative: Donn K. Bieber, sought to operate as a common carrier, requested authority cannot be tacked Box 311, Schuyler, NE 68661. Authority by motor vehicle, over irregular routes, with its existing authority. Common sought to operate as a common carrier, transporting: Liquid chemicals, in bulk, control may be involved. If a hearing is by motor vehicle, over irregular routes, from points in Jefferson County, Ark., to deemed necessary, applicant requests it transporting: Meats, meat products, points in Louisiana, Mississippi, Mis be held at Washington, D C . meat byproducts, and other articles dis souri, Oklahoma, Tennessee, and Texas. No. MC 109994 (Sub-No. 43), filed tributed by meat packinghouses, from N o t e : Applicant states that the re April 22, 1971. Applicant: S IZ E R Gibbon, Nebr., to points in Illinois, quested authority cannot be tacked with TRUCKING, INC., Post Office Box 97, Texas, and Wisconsin. N o t e : Applicant the existing authority. No duplicate au Rochester, M N 55901. Applicant’s repre states that the requested authority can thority is sought. If a hearing is deemed sentative: K. O. Petrick (same address as not be tacked with its existing authority. necessary, applicant requests it be held applicant). Authority sought to operate If a hearing is deemed necessary, ap at Little Rock, Ark., or Memphis, Tenn. as a common carrier, by motor vehicle, plicant requests it be held at Lincoln or No. MC 111729 (Sub-No. 316), hied over irregular routes, transporting: Fiber Om aha, Nebr. April 22, 1971. Applicant: AMERICAN and molded products, from Bridgeport, No. MC 110988 (Sub-No. 266), filed COURIER CORPORATION, 2 Nevada Pa., to Chicago, HI.; Noblesville, Ind.; April 26, 1971. Applicant: SCHNEIDER Drive, Lake Success, NY 11040. Appli Milwaukee, Wis.; Minneapolis and St. TANK LINES, INC., 200 West Cecil cant’s representatives: John M. Delany Paul, Minn. N ote : Applicant states that Street, Neenah, W I 54956. Applicant’s (same address as applicant), and Rus the requested authority cannot be tacked representatives: David A. Petersen sell Bernhard, 1625 K Street NW „ W ash with its existing authority. If a hearing (same address as applicant) and E. ington, DC 20006. Authority sought to is deemed necessary, applicant requests Stephen Heisley, 666 11th Street N W ., operate as a common carrier, by motor it be held at Philadelphia, Pa., or W ash Washington, DC 20001. Authority sought vehicle, over irregular routes, transport ington, D.C. to operate as a common carrier, by motor ing: Cut flowers decorative greens, and No. MC 110563 (Sub-No. 65), filed vehicle, over irregular routes, transport florist supplies, between points in Ala April 23, 1971. Applicant: C O L D W A Y ing: Dry chemicals, in bulk, in hopper- bama; between points in Arkansas; be POOD EXPRESS, INC., Ohio Building, type vehicles, from Joliet, 111., to points tween points in California; between Post Office Box 747, Sidney, O H 45365. in Illinois, Indiana, Michigan, Ohio, points in Connecticut; between points Applicant’s representative: Joseph M. Kentucky, Missouri, Iowa, Minnesota, in Delaware; between points in Florida; Scanlan, 111 West Washington, Chicago, and Wisconsin. N o t e : Applicant states between points in Georgia; between IL 60602. Authority sought to operate as that the requested authority cannot be points in Kansas; between points in a common carrier, by motor vehicle, over tacked with its existing authority. If a Louisiana; between points in Maine; be irregular routes, transporting: Bananas, hearing is deemed necessary, applicant tween points in Maryland; between from Baltimore, Md., New York, N.Y., requests it be held at Washington, D.C. points in Massachusetts; between points and Port Newark, N.J., to Cleveland, No. MC 111045 (Sub-No. 80), filed in Mississippi; between points in Mis Ohio, restricted to traffic originating at April 26, 1971. Applicant: REDWING souri; between points in Nebraska; be and destined to the above-named points. C A R R IE R S, INC., Post Office Box 426, tween points in New Hampshire; be Note: If a hearing is deemed necessary, 7809 Pal River Road, Tampa, FL 33601. tween points in New Jersey; between applicant requests it be held at Cleve Applicant’s representatives: J. V. McCoy, points in New York; between points in land or Columbus, Ohio. Post Office Box 426, Tampa, FL 33601, North Carolina; between points in North No. MC 110563 (Sub-No. 66), filed and J. Douglas Harris, 409-12 Bell Build Dakota; between points in Oregon; be April 30, 1971. Applicant: C O L D W A Y ing, Montgomery, AL. Authority sought tween points in Pennsylvania; between POOD EXPRESS, INC., Ohio Building, to operate as a common carrier, by motor points in Rhode Island; between points Sidney, OH 45365. Applicant’s represent vehicle, over irregular routes, transport in South Carolina; between points in ative: Joseph M. Scanlan, 111 West ing: Molten sulphur, in bulk, from points South Dakota; between points in Ten Washington, Chicago, IL 60602. Author In Santa Rosa County, Fla., and Le- nessee; between points in Texas; be ity sought to operate as a common car- Moyne, Ala. N o te : Common control may tween points in Vermont; and between her, by motor vehicle, over irregular be involved. Applicant states that the re points in West Virginia, restricted to routes, transporting: Meats, meat prod- quested authority cannot be tacked with traffic having an immediately prior or meat byproducts, and articles dis- its existing authority. If a hearing is subsequent movement by air. N o te : tnoMfed by meat packinghouses, as de- deemed necessary, applicant requests it Common control and dual operations in sections A and C of appendix be held at Birmingham, Ala., or Wash may be involved. Applicant states that to the report in Descriptions in Motor ington, D.C. a portion of the requested authority , “rr*er Certificates, 61 M.C.C. 209 and No. MC 111045 (Sub-No. 81), filed could be tacked with certain existing hnib- . hides and commodities in April 23, 1971. Applicant: REDWING authorities but indicates that it has no .¡7“’ m tank vehicles), from the plant- CARRIERS, INC., Post Office Box 426, present intention to tack and therefore res and/or storage facilities utilized by Tampa, FL 33601. Applicant’s represent pencer Foods, Inc., located at or near atives: J. V. McCoy (same address as does no identify the points or territories Wnrfv^ee,i. Hartley> and Spencer, Iowa; above) and J. Douglas Harris, 409-412 which can be served through tacking. ,ilngk°n’ Minn.; Fremont and Bell Building, Montgomery, AL. Author Persons interested in the tacking possi DairU-yler’ and Sioux Falls, S. ity sought to operate as a common car bilities are cautioned that failure to op *n Connecticut, Delaware-, rier, by motor vehicle, over irregular pose the application may result in an Maryiand, Massachusetts, New routes, transporting: Asphalt and as pPii?Xlre’. New Jersey, N ew York, phalt products, in bulk, from New Or unrestricted grant of authority. If a and Rhode Island, Vermont, leans, La., to points in Alabama and Mis hearing is deemed necessary, applicant to ^^trict of Columbia, restricted sissippi. N ote : Applicant states that the requests it be held at Washington, D.C. planted onginating at the above-named requested authority cannot be tacked No. MC 112694 (Sub-No. 4), filed Notf- *S ,anc* warehouse facilities. with its existing authority. Common Q u S ^ P?ilca.nt states that the re- control may be involved. If a hearing April 21, 1971. Applicant: JAMES J. its pvicr ^athority cannot be tacked with is deemed necessary, applicant requests GALLERY, INC., 73 Stanley Avenue, d e e S tmg authority. I f a hearing is it be held at Birmingham, Ala., or W ash Watertown, M A 02172. Aplicant’s repre necessary, applicant requests it ington, D.C. sentative: Kenneth B. Williams, 111 No. 98—Pt. I----- 6 FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9162 NOTICES State Street, Boston, M A 02109. Author Thos. Lee Allman, Jr. (same address as operate as a common carrier, by motor ity sought to operate as a common car applicant). Authority sought to operate vehicle, over irregular routes, transport- rier, by motor vehicle, over irregular as a common carrier, by motor vehicle, . ing: Meats, meat products, meat byprod routes, tranporting; Frozen foods, and over irregular routes, transporting: ucts, and articles distributed by meat foodstuffs, moving under refrigeration, Plumbing fixtures, fittings, and supplies, packinghouses, as described in sections not included in frozen foods, between from points in Alabam a, Indiana, Bay St. A and C of appendix I to the report in Watertown, Mass.; Portsmouth, Dover, Louis, Miss., and Chattanooga, Tenn., to Descriptions in Motor Carrier Certifi Rochester, Somersworth, and Keene, points in Alabama, Arkansas, Colorado, cates, 61 M.C.C. 209 and 766 (except N.H.; York, North Berwick, Wells, San Illinois, Indiana, Iowa, Kansas, Ken hides and commodities in bulk, in tank ford, Biddeford, Saco, and Westbrook, tucky, Louisiana, Minnesota, Mississippi, vehicles), from the plant and warehouse Maine. N o t e ; Applicant states that the Missouri, Nebraska, North Dakota, Ohio, facilities of Needham Packing Co., Inc., requested authority cannot be tacked Oklahoma, South Dakota, Tennessee, West Fargo and Fargo, N. Dak., to points with its. existing authority. If a hearing Texas, and Wisconsin. N o t e : Common in Connecticut, Delaware, Maine, Mary is deemed necessary, applicant requests control may be involved. Applicant states land, Massachusetts, New Hampshire, it be held at Boston, Mass. that the requested authority cannot be New Jersey, New York, Pennsylvania, tacked with its existing authority. If a No. MC 112750 (Sub-No. 280), filed Rhode Island, Vermont, Virginia, West hearing is deemed necessary, applicant April 19, 1971. Applicant: AMERICAN Virginia, and the District of Columbia. requests it be held at Chicago, 111., or COURIER CORPORATION, 2 Nevada N o t e : Applicant states that the re Kansas City, Mo. Drive, Lake Success, NY 11040. Appli quested authority cannot be tacked with cant’s representative; John M. Delany No. MC 112822 (Sub.-No. 195), filed its existing authority. N o t e : The sole (same address as applicant) and Russell April 30, 1971. Applicant: BRAY LINES, purpose of this republication is to include S. Bernhard, 1625 K Street, NW., Wash INCORPORATED, 1401 North Little Fargo as an origin point, inadvertently ington, DC 20006. Authority sought to Street, Post Office Box 1191, Cushing, omitted from previous publication. If a operate as a contract carrier, by motor OK 74023. Applicant’s representative: hearing is deerped necessary, applicant vehicle, over irregular routes, transport Thos. Lee Allman, Jr. (same address as requests it be held at Minneapolis, Minn. ing: Commercial papers, documents, applicant). Authority sought to operate No. M C 113362 (Sub-No. 212), filed written instruments, and business rec as a common carrier, by motor vehicle, April 26, 1971. Applicant: ELLSWORTH ords (except coin, currency, bullion, and oyer irregular routes, transporting: FREIGHT LINES, INC., 310 East Broad negotiable, securities), as are used in the Foodstuffs, in containers; supplies, ma way, Eagle Grove IA 50533. Applicant's business of banks and banking institu terials, ingredients, containers, machin representative: James Ellsworth, 4500 tions; (a) between Augusta and Savan ery, and advertising materials used in the North State Line Road, Texarkana, AR nah, Ga., on the one hand, and, on the manufacturing, packing and distribution 75501. Authority sought to operate as a other, Charlotte, N.C., (b) between of foodstuffs, between points in Fresno common carrier, by motor vehicle, over Danville, Lynchburg, Martinsville, and County, Calif., and points in Grayson irregular routes, transporting: Meats, Roanoke, Va., on the one hand, and, on County, Tex., and points in Morgan meat products, meat byproducts, and the other, Charlotte and Raleigh, N.C., County, 111: N o t e : Common control may articles distributed by meat packing under contract with banks and banking be involved. Applicant states that the houses as described in sections A and C institutions. N o t e : Applicant now holds requested authority can be tacked with of appendix I to the report in Descrip common carrier authority under No. MC its existing authority but indicates that tions in M otor Carrier Certificates, 61 111729 Sub-26 and other subs, therefore it has no present intention to tack and M.C.C. 209 and 766 (except commodities dual operations may be involved. Com therefore does not identify the points or in bulk, in tank vehicles, and hides), mon control may also be involved. If a territories which can be served through from the plantsite and/or cold storage hearing is deemed necessary, applicant tacking. Persons interested in the tack facilities of Swift & Co., at or near Guy- requests it be held at Washington, D.C. ing possibilities are cautioned that fail mon, Okla., to points in Connecticut, No. MC 112822 (Sub-No. 193), filed ure to oppose the application may result Delaware, Maine, Maryland, Massachu in an unrestricted grant of authority. April 28, 1971. Applicant: BRAY LINES, setts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, INCORPORATED, 1401 North Little, If a hearing is deemed necessary, appli Post Office Box 1191, Cushing, OK cant requests it be held at Fort Worth or Vermont, Virginia, West Virginia, and Houston, Tex. the District of Columbia, restricted to 74023. Applicant’s representative: Thos. products originating at or destined to the Lee Allman, Jr. (same address as above). No. MC 113267 (Sub-No. 263), filed named points. If a hearing is deemed Authority sought to operate as a com April 14, 1971. Applicant: CENTRAL & necessary, applicant requests it be held m on carrier, by motor vehicle, over ir SOUTHERN TRUCK LINES, INC., 312 at Chicago, HI., or Oklahoma City, Okla. regular routes, transporting: Animal lit West Morris Street, Caseyville, IL 62232. ter and pet supplies, bleaching, cleaning, Applicant’s representative: Lawrence A. No. M C 113666 (Sub-No. 55), filed laundry, and scouring compounds, and Fischer (same address as applicant). Au April 28, 1971. Applicant: FREEPORT materials and supplies (except commod thority sought to operate as a common TRANSPORT, INC., 1200 Butler Road, ities in bulk), from Oakland, Calif., to carrier, by motor vehicle, over irregular Freeport, PA 16229. Applicant’s repre points in Montana, Oregon, Utah, Wash routes, transporting: Candy and confec sentative: Leonard A. Jaskiewicz, TMw ington, and Wyoming. N o t e : Applicant tionery products, from St. Louis, Mo., to M Street NW., Suite 501, Washington, states that the requested anthority can Memphis, Tenn., Jacksonville, Fla., At D C 20036. Authority sought to operate as be tacked with its existing authority, but lanta, Ga., Dallas, Tex., and St. Paul, a common carrier, by motor vehicle, over indicates that it has no present intention Minn. N o t e : Applicant states that the irregular routes, transporting: (1) Flus to tack, and therefore does not identify requested authority cannot be tacked ing compounds; and (2) rimming the points or territories which can be with its existing authority. If a hearing from New Kensington, Pa., to points m served through tacking. Persons inter is deemed necessary, applicant requests New York, Ohio, Pennsylvania, Mary ested in the tacking possibilities are cau it be held at St. Louis, Mo. land, Kentucky, Indiana, Illinois, Mic - tioned that failure to oppose the applica gan, New Jersey, and West Virginia, an No. M C 113362 (Sub-N o. 205) (C or tion may result in an unrestricted grant rection), filed March 22, 1971, published materials and supplies used in the pro of authority. If a hearing is deemed nec in the F ederal R eg ister issue of April 22, duction of fluxing compounds and rim essary, applicant requests it be held at 1971, corrected and republished as Oakland, Calif., or San Francisco, Calif. ming agents, on return. N ote: Applican corrected, this issue. Applicant: E L L S states that the requested authority can No. MC 112822 (Sub-No. 194), filed WORTH FREIGHT LINES, INC., 310 not be tacked with its existing authority. April 30, 1971. Applicant: BRAY LINES, East Broadway, Eagle Grove, IA 50533. INCORPORATED, 1401 North Little Applicant’s representative: Milton D. I f a hearing is deemed necessary, app1 Street, Post Office Box 1191, Cushing, Adams, 11051/2 Eighth Avenue NE., cant requests it be held at W ashing 0 OK 74023. Applicant’s representative: Austin, M N 55912. Authority sought to D.C. FEDERAL REGISTER, V O L 36, NO. 98— THURSDAY, MAY 20, 1971 NOTICES 9163 No. MC 113666 (Sub-No. 56), filed Chester County), N.Y., to points in Con sas, Oklahoma, Texas, Missouri, Arkan May 5, 1971. Applicant: FREEPORT necticut, Maine, Massachusetts, New sas, Louisiana, Illinois, Indiana, Ken TRANSPORT, INC., 1200 Butler Road, Hampshire, Rhode Island, and Vermont; tucky, Tennessee, Alabama, Florida, Freeport, P A 16229. Applicant’s repre and returned shipments of the above- Georgia, North Carolina, South Carolina, sentative: Leonard A. Jaskiewicz, 1730 described commodities, from the above- and Virginia. Note: Applicant states that M Street NW., Suite 501, Washington, named destination points to the above- the requested authority cannot be tacked DC 20036. Authority sought to operate named origin point, on return. Note: with its existing authority. If a hearing as a common carrier, by motor vehicle, Applicant states that the requested au is deemed necessary, applicant requests over irregular routes, transporting: Pul thority can be tacked with its existing it be held at Jackson, Miss. verized limestone, from points in Mercer authority but indicates that it has no No. MC 114019 (Sub-No. 214), filed Township, Butler County, Pa., to points present intention to tack. Persons in April 28, 1971. Applicant: MIDWEST in West Virginia and Ohio. N ote : Appli terested in the tacking possibilities are EMERY FREIGHT SYSTEM, INC., 7000 cant states that the requested authority cautioned that failure to oppose the South Pulaski Road, Chicago, IL 60629. cannot be tacked with its existing author application may result in an unrestricted Applicant’s representative: Edward G. ity. If a hearing is deemed necessary, grant of authority. Common control may Bazelon, 39 South La Salle Street, Chi applicant requests it be held at W ashing be involved. If a hearing is deemed neces cago, IL 60603. Authority sought to op ton, D.C. sary, applicant requests it be held at erate as a common carrier, by motor ve Washington, D.C. No. MC 113678 (Sub-No. 421), filed hicle, over irregular routes, transporting: May 4, 1971. Applicant: CURTIS, INC., No. MC 114004 (Sub-No. 99), filed Meats, meat products, meat byproducts Post Office Box 16004, Stockyards Sta April 29, 1971. Applicant: CHANDLER and articles distributed by meat pack tion, Denver, CO 80216. Applicant’s rep TRAILER CONVOY, INC., 8828 New inghouses as described in Appendix I to resentatives: Duane W . Acklie and Benton Highway, Little Rock, AR 72209. the report in Descriptions in Motor Car Richard Peterson, Post Office Box 806, Applicant’s representative: W. G. rier Certificates, 61 M.C.C. 209 and 76^, Lincoln, NE 68501. Authority sought to Chandler (same address as above). Au from the plantsite and storage facilities operate as a common carrier, by motor thority sought to operate as a common utilized by mini Beef Packers, Inc., at or vehicle, over irregular routes, transport carrier, by motor vehicle, over irregular near Joslin, HI., to points in Iowa, W is ing: Meats, meat byproducts, and articles routes, transporting: Trailers, designed consin, Minnesota, North Dakota, South distributed by meat packinghouses, from to be drawn by passenger automobiles, Dakota, Nebraska, Colorado, Kansas, Butler and Milwaukee, Wis., to points in in initial movements, and buildings, in Missouri, and Kentucky, restricted to Arizona, California, Utah, Oregon, sections, mounted on undercarriages, traffic originating at the named origin Washington, Idaho, Colorado, Wyoming, in initial movements, from Gaston and destined to the named territory. Montana, North Dakota, South Dakota, County, N.C., to points in the United Note : Common control may be involved. New Mexico, Oklahoma, Nebraska, Texas, States (except Hawaii). Note: Appli If a hearing is deemed necessary, appli Missouri, Kansas, Iowa, Illinois, Georgia, cant states that the requested authority cant requests it be held at Chicago, HI. Kentucky, Tennessee, Indiana, and cannot be tacked with its existing au No. MC 114045 (Sub-No. 353), filed Florida. Note : Applicant states that the thority. If a hearing is deemed neces April 26, 1971. Applicant: TRANS-COLD requested authority cannot be tacked sary, applicant requests it be held at with its existing authority. I f a hearing Raleigh, N.C. EXPRESS, INC., Post Office Box 5842, is deemed necessary, applicant requests Dallas, T X 75222. Applicant’s representa it be held at Chicago, 111., or Omaha, No. MC 114004 (Sub-No. 100), filed tive: J. B. Stuart (same address as ap Nebr. April 30, 1971. Applicant: CHANDLER plicant) . Authority sought to operate as TRAILER CONVOY, INC., 8828 New a common carrier, by motor vehicle, over No. MC 113678 (Sub-No. 422), filed Benton Highway, Little Rock, AR 72209. irregular routes, transporting: Toilet May 4, 1971. Applicant: CURTIS, INC., Applicant’s representative: W. G. preparations, perfume and related ar Post Office Box 16004, Denver, CO 80216. Chandler (same address as applicant). ticles, advertising materials and display Applicant’s representatives: Duane W. Authority sought to operate as a common racks, in vehicles equipped with mechani Acklie and Richard Peterson, Post Office carrier, by motor vehicle, over irregular cal refrigeration, from Jonesboro Town Box 806, Lincoln, N E 68501. Authority routes, transporting: Trailers, designed ship, Lee County, N.C., to Santa Ana, sought to operate as a common carrier, to be drawn by passenger automobiles, in Calif.; Dallas and Grand Prairie, Tex. by motor vehicle, over irregular routes, initial movements, and buildings, in sec Note: Applicant states that the requested transporting: Meats, meat products, tions, mounted on undercarriages, in authority cannot be tacked with its exist bleat byproducts, and articles distributed initial movements, from points in Union ing authority. Common control may be oy meat packinghouses, from the plant County, N.C., to points in the United involved. If a hearing is deemed neces ee of Peter Eckrich & Sons, Inc., located States excluding Hawaii. Note: Appli sary, applicant requests it be held at ®t or near Fort Wayne, Ind.; Fremont, cant states that the requested authority Washington, D.C., or New York, N.Y. . 0 and Kalamazoo, Mich., to points cannot be tacked with its existing au “ Arizona, California, Colorado, Idaho, thority. If a hearing is deemed neces No. MC 114273 (Sub-No. 88), filed “ mois, Oklahoma, Oregon, Texas, Utah, sary, applicant requests it be held at April 22, 1971. Applicant: CEDAR ashington, Wisconsin, and Wyoming. Raleigh, N.C. RAPIDS STEEL TRANSPORTATION, JE* Appiicant states that the re- INC., Post Office Box 68, 3930 16th Ave it„es . authority cannot be tacked with No. MC 114004 (Sub-No. 101), filed nue SW., Cedar Rapids, IA 52406. Appli j authority. If a hearing is April 30, 1971. Applicant: CHANDLER cant’s representatives: G en eR . Prokuski, TRAILER CONVOY, INC., 8828 New h / necessary. applicant requests it Post Office Box 68, Cedar Rapids, IA Benton Highway, Little Rock, AR Colo ^ Nebr., or Denver, 52406 and Robert E. Konchar, Suite 315 72209. Applicant’s representative: W. G. Commerce Exchange Building, 2720 First Chandler (same address as applicant). Avenue NE., Cedar Rapids, IA 52402. Au ArXo*M,C 113974 (Sub-N o. 45), file« Authority sought to operate as a com thority sought to operate as a common Æ w H 97LApplicant: PITTSBURG! mon carrier, by motor vehicle, over ir carrier, by motor vehicle, over irregular onrSW ^ N G LA N D t r u c k i n g CO., s regular routes, transporting: ( 1) Trailers routes, transporting: Meats, meat prod Drav?,rutlon’ 211 Washington Avenue designed to be drawn by passenger auto ucts, and meat byproducts, and articles rexpJ^urg, PA 15034. Applicant’s rep mobiles, in initial movements, from distributed by meat packinghouses, as adrirJttlve: W. H. Schlottman (sami Lexington, Miss., to points in Georgia, described in sections A and C of appendix to onera*8 applicant>. Authority sough Kentucky, Illinois, Indiana, Missouri, I to the report in Descriptions in Motor vehiMn te 85 ? comrnon carrier, by moto: Oklahoma, Kansas, South Carolina, Carrier Certificates, 61 M.C.C. 209 and ine- o « 0Ver irre&ular routes, transport North Carolina, Virginia, and Florida; 766 (except hides and commodities in mnuJi?SU1n and &ypsum products, am and ( 2) buildings, in sections, mounted bulk in tank vehicles), from the plantsite tribute suPPlies used in the dis on undercarriages, in initial movements, and storage facilities of Dubuque Pack utl0n thereof, from Buchanan (W est from Lexington, Miss., to points in Kan ing, Inc., at or near Dubuque, Iowa, to L FEDERAL REGISTER, VOL. 36. NO. 98— THURSDAY, MAY 20. 1971 9164 NOTICES points in Virginia, West Virginia, Mary E. Stephen Heisley, 666 11th Street N W ., New York to points in the United States land, Delaware, New Jersey, Pennsyl Washington, DC 20001. Authority sought (except Alaska, Arizona, California, vania, New York, Connecticut, Rhode to operate as a common carrier, by mo Colorado, Idaho, Montana, Nevada, New Island, Massachusetts, Vermont, New tor vehicle, over irregular routes, trans Mexico, Hawaii, Oregon, Utah, Washing Hampshire, Maine, Qhio, Indiana, Michi porting: Carpets, carpet materials, rugs, ton, and W yom ing), restricted to traffic gan, Illinois, and Wisconsin. Note: Ap and floor coverings, from points in Whit originating at the plant, warehouse, or plicant states that the requested au field County, Ga., to points in Colorado, distribution facilities of White Farm thority cannot be tacked with its existing California, Illinois, Indiana, Iowa, Kan Equipment, a division of White Motor authority. If a hearing is deemed neces sas, Louisiana, Minnesota, Michigan, Corp. of Canada, Ltd. Note: Applicant sary, applicant requests it be held at Des Missouri, Nebraska, Oklahoma, Oregon, states that the requested authority can Moines,. Iowa. Texas, Washington, and Wisconsin. not be tacked with its existing authority. N ote : Applicant states that the requested If a hearing is deemed necessary, appli No. MC 114290 (Sub-No. 57), filed authority cannot be tacked with its exist cant requests it be held at Detroit, Mich. .April 30, 1971. Applicant: EXLEY EX ing authority. Common control may be PRESS, INC., 2610 Southeast Eighth No. M C 117565 (Sub-No. 38), filed involved. If a hearing is deemed neces May 4, 1971. Applicant: MOTOR SERV Avenue, Portland, OR 97202. Applicant’s sary, applicant requests it be held at At representative: James T. Johnson, 1610 IC E C O M P A N Y , INC., 237 South Fifth! lanta. Ga., or Birmingham, Ala. IBM Building, Seattle, W A 98101. Au Street, Coshocton, O H 43812. Appli-j thority sought to operate as a common No. MC 116073 (Sub-No. 165), filed cant’s representative: Louis J. Amato, carrier, by motor vehicle, over irregular April 28, 1971. Applicant: BARRETT Post Office Box E, Bowling Green, KYj routes, transporting: Bananas, (1) from MOBILE HOME TRANSPORT, INC., 42101. Authority sought to operate as a Seattle, Wash., to points in Washington, Post Office Box 919, 1825 Main Avenue, common carrier, by motor vehicle, over j Oregon, Idaho, and Montana; and (2) Moorhead, MN 56560. Applicant’s rep irregular routes, transporting: (1) Motor j from points in California to La Grande, resentative: Robert G. Tessar, 1819 homes, from points in Newport, County,! Oreg. Note: Applicant states that the Fourth Avenue South, Kegel Plaza, R.I., Tulare County, Calif., and Living requested authority cannot be tacked Moorhead, M N 56560. Authority sought ston County, Mich., to points in the with its existing authority. If a hearing to operate as a common carrier, by motor United States (except Hawaii); (2) is deemed necessary, applicant requests vehicle, over irregular routes, transport trailers designed to be drawn by passen it be held at Los Angeles, Calif., or Port ing: Trailers, designed to be drawn by ger automobiles in initial movements,! from pc>ints in M cNairy County, Term., land, Oreg. passenger automobiles, and buildings, to points in the United States (except] No. MC 115092 (Sub-No. 17), filed complete, knocked down or in sections, from points in Michigan to points in the Hawaii); (3) all terrain vehicles, parts, April 19, 1971. Applicant: WEISS accessories, and attachments for terrain T R U C K IN G , INC., Post Office Box 0, United States, including Alaska (exclud ing Hawaii). Note : Applicant states that vehicles; between Cleveland and Iberia, Vernal, U T 84078. Applicant’s represent Ohio, and New Castle, Pa., on the one ative: William S. Richards, 900 Walker the requested authority cannot be tacked with its existing authority. If a hearing hand, and, on the other, points in the Bank Building, Salt Lake City, U T 84111. is deemed necessary, applicant requests United States (except Hawaii); and (4) Authority sought to operate as a common it be held at Lansing, Mich. boats, from New Castle, Pa., and Iberia, carrier, by motor vehicle, over irregular Ohio, to points in the United States (ex routes, transporting: Barite, from the No. MC 116492 (Sub-No. 2), filed April cept Hawaii). Note: Applicant states plantsite of Oilfield Products, Division 30, 1971. Applicant: JOHN T. HAR- that the requested authority cannot be Dresser Industries, Inc., at Battle Moun RIGER AND RUTH B. HARRIGER, a tacked with its existing authority. If & tain, Nev., to points in New Mexico, partnership, doing business as T. C. hearing is deemed necessary, applicant Colorado, Utah, Wyoming, Montana, and HARRIGER TRUCKING, 66 M ain requests it be held at Louisville, Ky., or North Dakota. ote Applicant states N : Street, Falls Creek, PA 15840. Applicant’s Cleveland, Ohio. that the requested authority cannot be representative: William J. Lavelle, 2310 No. M C 117574 (Sub-No. 200), filed tacked with its existing authority. If a Grant Building, Pittsburgh, PA 15219. April 30, 1971. Applicant: DAILY EX hearing is deemed necessary, applicant Authority sought to operate as a common PR ESS, INC., Post Office Box 39, Carlisie- requests it be held at Salt Lake City, carrier, by motor vehicle, over irregular P A 17013. Applicant’s representatives. Utah, or Denver, Colo. routes, transporting: Malt beverages, in E S. Moore, Jr. (same address containers, and related advertising mate as appli No. MC 115162 (Sub-No. 225), filed cant) and James W. Hagar, 100 Pine rial, moving therewith, (a) from Colum April 28, 1971. Applicant: POOLE Street, Post Office Box 1166, Harrisburg, bus, Ohio, and Detroit, Mich., to points T R U C K LIN E , INC., Post Office Drawer P A 17108. Authority sought to operate a in Pennsylvania on and west of U.S. 500, Evergreen, AL 36401. Applicant’s a common carrier, by motor Highway 15 and on and north of U.S. vehicle, representative: Robert E. Tate (same irregular routes, transporting • ■ Highway 22 (except points in Allegheny address as applicant). Authority sought Tractors (except those with vehicle > ■ to operate as a common carrier, by mo County, P a .); and (b) from Du Bois, Pa., to points in South Carolina, Georgia, bed frames, and fifth wheels' ’-wnc_ tor vehicle, over irregular routes, trans equipment designed for use inccW Florida, Indiana, Illinois, Michigan, and porting: Composition building board, and tion with tractors; (3) apncwKwra * | Wisconsin and empty malt beverage con parts, materials, and accessories inciden dustrial, and construction m o d e r n tainers, on return. Note : Applicant states tal to the installation thereof, from and equipment; (4) trailers, desi® , that the requested authority cannot be Mobile, Ala., to points in Connecticut, the transportation of the above-d tacked with its existing authority. If a Delaware, Maine, Maryland, Massa commodities (except trailers designed hearing is deemed necessary, applicant chusetts, New Hampshire, New Jersey, be drawn by passenger autom ^J New York, Pennsylvania, Rhode Island, requests it be held at Pittsburgh, Pa., or Washington, D.C. (5) attachments for the ab° v®"^eftS j 0n| Vermont, and the District of Columbia. commodities; ( 6) internal co J N o te : Applicant states that the requested No. MC 116519 (Sub-No. 12), filed engines; and Cl) parts of g J auhority cannot be tacked with its exist April 28, 1971. Applicant: FREDERICK described commodities wben ,,ties be- ing authority. If a hearing is deemed TRANSPORT LIMITED, Rural Route 6, mixed loads with such commodities, necessary, applicant requests it be held at Chatham, ON Canada. Applicant’s rep tween Grand Island, Nebr on U» ' Mobile, Ala. resentative: S. Harrison Kahn, Suite 733, Alabama,hand, and, Connecticut, on the Delawar^^o ?°Florida, - No. MC 115841 (Sub-No. 407), filed Investment Building, Washington, DC April 14, 1971. Applicant: COLONIAL 20005. Authority sought to operate as a Georgia, Kentucky, Mame, M a g ^ j REFRIGERATED TRANSPORTATION, common carrier, by motor vehicle, over Massachusetts, Mississippi, North] INC., 1215 West Bankhead Highway, irregular routes, transporting: Tractors, shire, New Jersey, New_ W k, from ports of entry on the international Carolina, Ohio, PennsyW a- KVer. Post Office Box 10327, Birmingham, AL Island, South ^arohna, Tennessee^ j 35202. Applicant’s representatives: C. E. boundary line between the United States mont, Virginia, West Virgini , Wesley (same address as applicant) and and Canada located in Michigan and FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 NOTICES 9165 District of Columbia. N o t e : Common No. MC 117799 (Sub-No. 11), filed EXPRESS, INC., 1028 Springbrook Ave control may be involved. Applicant states M ay 6, 1971. Applicant: BEST W AY nue, Moosic, PA 18507. Applicant’s rep that the authority herein sought can be FROZEN EXPRESS, INC., 3033 Excelsior resentative: Christian V. Graf, 407 North tacked with its existing authority, how Boulevard, Minneapolis, M N 55416. Ap F'ront Street, Harrisburg, PA 17101. Au ever, it does not intend to tack at pres plicant’s representatives: Patrick M. thority sought to operate as a contract ent, therefore; the tackable authorities Porritt (same address as applicant) and carrier, by motor vehicle, over irregular are'not identified herein. Persons inter Andrew Clark, 1000 First National Bank routes, transporting: (1) Cellulose mate ested in the tacking possibilities are cau Building, Minneapolis, MN 55402. Au rials and products; cellulose materials tioned that failure to oppose the appli thority sought to operate as a common and products joined to or combined with cation may result in an unrestricted carrier, by motor vehicle, over irregular paper, plastics, synthetics, or cloth; sani grant of authority. I f a hearing is deemed routes, transporting: (1) Macaroni, tary paper and paper products; sanitary necessary, applicant requests it be held noodles, spaghetti, or vermicelli, pre paper and paper products joined to or at Washington, D.C. pared with or without cheese, meat, combined with paper, plastics, Synthetics, No. MC 117574 (Sub-No. 201), filed vegetables or sauce; ( 2) milk products, or cloth; pulp; and related premium and April 30, 1971. Applicant: D A IL Y E X powdered milk and blends thereof; and advertising materials; and paper mill% PRESS, INC-., Post Office Box 39, Carlisle, (3 ) nuts, dates, shredded coconut, spices, machinery and parts thereof; (2) M ate PA 17013. Applicant’s representatives: and herbs, from Bongards and Minne rials, equipment, and supplies used or E. S. Moore, Jr. (same address as above) apolis, Minn., to points in Arizona, Cali useful in the production, manufacture, and James W. Hagar, 100 Pine Street, fornia, Montana, New Mexico, Oregon, and distribution of the commodities de Post Office Box 1166, Harrisburg, P A and Washington. N o t e : Common con scribed in paragraph Cl) above; (A ) 17108. Authority sought to operate as a trol may be involved. Applicant states from the plantsite and warehouses of common carrier, by motor vehicle, over that the requested authority cannot be the Procter & Gamble Co. and its irregular routes, transporting: (1) Anti tacked with its existing authority. If a subsidiaries in the township of Wash pollution systems; ( 2) sewage, water;and hearing is deemed necessary, applicant ington, Wyoming County, Pa., and from refuse treatment systems; (3) environ requests it be held at St. Paul, Minn., or its warehouses and rail sidings in the mental control and protective systems; Omaha, Nebr. counties of Luzerne and Lackawanna, (4) air, liquid, and gas cleaning, heating, No. MC 117883 (Sub-No. 155), filed Pa., to points in New York and New cooling, condensing, conditioning, hu April 26, 1971. Applicant: SUBLER Jersey within 25 miles of New York, N.Y., midifying, equalizing, and moving equip TRANSFER, INC., 791 East Main Street, including New York, N.Y. and to points ment; and (5) components, parts, tools, Versailles, OH 45380. Applicant’s repre in Massachusetts and Connecticut; and materials, accessories, supplies, and other sentative: Edward J. Subler, Post Office (B) from points in New York and New general commodities used in connection Box 62, Versailles, OH 45380. Authority Jersey within 25 miles of New York, N.Y., with the erection, construction or opera sought to operate as a common carrier, including New York, N.Y., and from tion of the items in ( 1), ( 2 ), ( 3), and (4 ) by motor vehicle, over irregular routes, points in Massachusetts and Connecticut above, between Milwaukee, Wis., on the transporting: Meats, meat products, to the plantsite and warehouses of the one hand, and, on the other, points in meat byproducts, and articles distributed Procter & Gamble Co. and its subsidiar the United States (except Alaska and by meat packinghouses, as described in ies in the township of Washington, W y o Hawaii). N ote : Applicant states that the sections A and C of appendix I to the ming County, Pa., and to its warehouses authority sought herein can be tacked report in Descriptions in Motor Carrier and rail sidings in the counties of existing authority, however, it Certificates, 61 M.C.C. 209 and 766 (ex Luzerne and Lackawanna, Pa., under has no present intention to tack, there cept hides and commodities in bulk), contr^ct-With the Procter & Gamble Go. fore, the tackable authorities are not from the plantsites and storage facilities Restriction: The operations authorized identified herein. Persons interested in utilized by Dubuque, Iowa, to points in herein are limited to a transportation the tacking possibilities are cautioned Indiana, Ohio, Michigan, Pennsylvania, service to be performed under a continu that failure to oppose the application New York, Maine, New Hampshire, ing contract or contracts with the Proc may result in an unrestricted grant of Rhode Island, Vermont, Massachusetts, ter & Gamble Co. and its subsidiaries. authority. No duplicate authority is Connecticut, New Jersey, Delaware, N o t e : Applicant states that it is willing being sought. Common control may be Maryland, Virginia West Virginia, and that its authority at M C 44302 and 44302, involved. If a hearing is deemed neces- the District of Columbia. Restriction: Re Sub. 1, be amended by the addition of saiy, applicant requests it be held at stricted to traffic originating at the above the following: “Restriction: The author Chicago, 111. origins and destined to the named des ity herein contained is restricted against the transportation of property originat No. Me 117765 (Sub-No. 123), filed tinations. N o t e : If a hearing is deemed necessary, applicant did not specify a ing at or destined to the plantsite and E 23’1971> APPUcant: HAHN TRUCK warehouses of the Procter & Gamble Co. J^NE, INC., 5315 Northwest Fifth, O kla- location. and its subsidiaries in the township of S »a t y , OK 73107. Applicant’s repre- No. MC 118159 (Sub-No. 114), filed Washington, Wyoming County, Pa., and lve: R- E- H agan (same address as April 26, 1971. Applicant: EVERETT its warehouses and rail sidings in the PPhcant). Authority sought to operate LOWRANCE, INC:, 4916 Jefferson High counties of Luzerne and Lackawanna, a common carrier, by motor vehicle, way, Post Office 10216, New Orleans, LA Pa.” N o t e : Applicant holds authority ifi, ^ g u la r routes, transporting: ( ) 1 70121. Applicant’s representative: David as a common carrier under M C 44302 and nrfii °Jv.era9es in containers and related D. Brunson, 419 Northwest Sixth, Okla subs, therefore, dual operations may be aa^rtmng matter, from Memphis, homa City, OK 73102. Authority sought involved. If a hearing is deemed neces ¡ 2 ’ to points in Oklahoma; and (2) to operate as a common carrier, by motor sary, applicant requests it be held at Tull a£d paper P^ducts, from Port of vehicle, over irregular routes, transport Washington, D.C., or Harrisburg, Pa. in kn’nR°^ers County, Okla., to points ing: Fruit and vegetable crystals, from and Portion of Missouri on Lake Wales, Fla., to points in Arkansas, ifo. MC 119192 (Sub-No. 6) (Correc at 0f Highway 54 beginning Iowa, Missouri, Kansas, Nebraska (except tion), filed March 26, 1971, published in extpnHi« a^sas-Missouri State line and Omaha and Lincoln), and Oklahoma. the F ederal R eg ister Issue of March 29, H.S Hick Preston, Mo., at junction N ote : Applicant states that the requested 1971, and republished in part as cor U S n ^ ay 65 * thence on and west of authority cannot be tacked with its rected this issue. Applicant: E A S T E R N MissoSl^ . 65 to the Arkansas- existing authority. If a hearing is deemed DELIVERY SERVICE, INC., 80 Central Portio^ of1 Tvfv me ’ Oklahoma; and that necessary, applicant requests it be held Hiev,JL°LT?xasHighwav Ro ™ aS 0non and north of UU.S. S - Avenue, Bridgeport, CT. Applicant’s rep at New Orleans, La., Washington, D.C., ^eremilef ^Note: Applicant states that resentative: Morton E. Kiel, 140 Cedar with Dallas, Tex., Oklahoma City, Okla., or i?r5e^ authority cannot be tacked Street, New York, N Y 10006. N o t e : The Tampa, Fla. is deem^ tmg authority- I f a hearing sole purpose of this partial republication it bp necessary> applicant requests No. MC 118570 (Sub-No. 2), filed is to include the State of Connecticut in lew at Oklahoma City. Okla A pril 8, 1971. Applicant: D eFAZIO the destination territory, which State FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9166 NOTICES was inadvertently omitted in the pre and Calais, Maine. Restricted to ship No. M C 124211 (Sub-No. 184), filed vious publication. The rest of the appli ments moving to or from points in A pril 23, 1971. Applicant: H ILT TRUCK cation remains as previously published. Canada. N o t e : N o duplicating authority LIN E , INC., Post Office Drawer 988 is sought. Applicant states that the re No. MC 119619 (Sub-No. 52), filed D.T.S., Omaha, N E 68101. Applicant’s quested authority cannot be tacked with April 21, 1971. Applicant: DISTRIBU representative: Thomas L. Hilt (same its existing authority. If a hearing is TORS SERVICE CO., a corporation, 2000 address as applicant). Authority sought West 43d Street, Chicago, IL 60609. Ap deemed necessary, applicant requests to operate as a common carrier, by mo plicant’s representative: A rthur J. Piken, it be held at Boston, Mass. tor vehicle, over irregular routes, trans porting: (1) Meats, meat products andl One Lefrak City Plaza, Flushing, NY No. MC 123061 (Sub-No. 59), filed meat byproducts, and articles distributed 11368. Authority sought to operate as a April 23, 1971. Applicant: LEATHAM by meat packinghouses, as described in common carrier, by motor vehicle, over BROTHERS, INC., 46 Orange Street, sections A and C of appendix I to the re irregular routes, transporting: Meats, Salt Lake City, UT 84104. Applicant’s port in Descriptions in Motor Carrier meat products, meat byproducts, and representative: Harry D. Pugsley, 400 Certificates, 61 M.C.C. 209 and 766 (ex articles distributed by meat packing Elpaso Gas Building, Salt Lake City, cept hides and skins and commodities in j houses, as described in sections A and C UT 84111. Authority sought to operate bulk, in tank vehicles), from the plant- of appendix I to the report in Descrip as a common carrier, by motor vehicle, sites and storage facilities utilized by! tions in Motor Carrier Certificates, 61 over irregular routes, transporting: Salt Swift Fresh Meats Co. at Grand Island,"! M.C.C. 209 and 766 (except hides and and salt products, materials, and sup Nebr., and Sioux City, Iowa, to points in j commodities in bulk, in tank vehicles), plies used in the agricultural, water Illinois, Indiana, Iowa, Kansas, Michi from the plantsites and storage facilities treatment, food processing, wholesale gan, Minnesota, Missouri, Nebraska, j utilized by Swift & Co. at Guymon, Okla., grocery, and institutional supply indus Ohio, and Wisconsin, restricted to the] to points in Illinois, Wisconsin, Minne tries, in mixed loads with salt and salt transportation of shipments originating! sota, Indiana, Michigan, Ohio, Pennsyl products, with authority to provide stop- at the above-named plantsites and stor vania, New York, Maine, New Hamp off and split delivery service, from Salt- age facilities and destined to points in shire, Vermont, Rhode Island, Massa air, Utah, to points in Colorado (except the named destination States; and (2); chusetts, Connecticut, N ew Jersey, M ary Delta, Dolores, Garfield, Gunnison, Hins canned or preserved foodstuffs, from - land, Delaware, Virginia, West Virginia, dale, La Plata, Mesa, Moffat, Montrose, Omaha, Nebr., to points in Connecticut, District of Columbia, and Louisville, Ky., Montezuma, Ouray, Pitkin, Rio Blanco, Illinois, Indiana, Iowa, Kansas, Mary-1 restricted to shipments originating at the Routt, San Miguel, and San Juan Coun land, Massachusetts, Michigan, Minne plantsite of Swift Fresh M eats Co., G uy ties, Colo.). N o t e : Applicant states that sota, Missouri, New Jersey, New York, mon, Okla., and destined to the above- the requested authority cannot be tacked North Dakota, Ohio, Pennsylvania, South named States. N o t e : I f a hearing is with its existing authority. If a hearing Dakota, Wisconsin, and the District of deemed necessary, applicant requests it is deemed necessary, applicant requests Columbia. N o t e : Applicant states that it be held at Chicago, 111. it be held at Salt Lake City, Utah, or may provide all of the proposed services No. MC 119767 (Sub-No. 268), filed Denver, Colo. by tacking and/or interlining existing M ay 6, 1971. Applicant: B E A V E R No. MC 124069 (Sub-No. 11), filed authorities. The purpose of this appli TRANSPORT CO., a corporation, Bris April 23, 1971. Applicant: CONCRETE cation is to eliminate existing gateways tol, Wis., Post Office Box 188, Pleasant DELIVERY CO., INC., 7 North Steela- and interlines. Applicant further states it Prairie, W I 53158. Applicant’s represent wanna Avenue, Lackawanna, N Y 14218. may tack the authority sought in Part ative: Allan B. Torhorst, Post Office Box Applicant’s representative: William J. ( 2) herein with existing authority at 186, Pleasant Prairie, W I 53158. Au Hirsch, 35 Court Street, Suite 444, Buf Omaha, Nebr., with MC 124211 and var thority sought to Operate as a common falo, N Y 14202. Authority sought to oper ious subs, however, tacking is not in carrier, by motor vehicle, over irregular ate as a common carrier, by motor tended at this time. If a hearing is routes, transporting: Foodstuffs (except vehicle, over irregular routes, transport deemed necessary, applicant requests it in bulk), from the plantsite and ware ing: Cement, from those ports of entry be held at Omaha, Nebr., or Chicago, HI. house facilities of H. J. Heinz Co. located on the international boundary line be Not. M C 124377 (Sub-No. 21), filed at or near Iowa City, Iowa, to points in tween the United States and Canada April 20, 1971. Applicant: REFRIGER Minnesota (except Minneapolis - St. located on the St. Lawrence River, to ATED FOODS, INC., 3200 Blake Street, Paul), North Dakota, South Dakota, and points in New York (except points in Post Office Box 1018, Denver, CO 80201. Missouri. N o t e : Applicant states that Kings, Queens, Nassau, and Suffolk Applicant’s representative: Truman A. the requested authority cannot be tacked Counties, N.Y.), and points in Pennsyl Stockton, Jr., The 1650 Grant Street, with its existing authority. Common con vania. N o t e : Applicant states that the Building, Denver CO 80203. Authority trol may be involved. If a hearing is requested authority cannot be tacked sought to operate as a contract earner, deemed necessary, applicant requests it with its existing authority. Applicant by motor vehicle, over irregular route, be held at Milwaukee, Wis. further states that no duplicating au transporting: Ceramic and mosiac tue, No. MC 119872 (Sub-No. 8), filed thority is sought. If a hearing is deemed resilient flooring, and supplies and equip' April 30,1971. Applicant: G U L F T R A N S necessary, applicant requests it be held ment used in connection therewith, fro PO R T , LTD., a corporation, 61 St^,Peters at Buffalo, N.Y. San Diego, Los Angeles, San Francisco, and Oakland, Calif., to that part of ta Road, Charlottetown, PE Canada. Ap No. MC 124078 (Sub-No. 486), filed United States west of and including Wis plicant’s representative: Kenneth B. May 5, 1971. Applicant: SCHWERMAN consin, Illinois, Missouri, Arkansas, Williams, 111 State Street, Boston, MA TRUCKING CO., a corporation, 611 T bilisi ana, under contract with Color 02109. Authority sought to operate as a South 28th Street, Milwaukee, W I 53246. common carrier, by motor vehicle, over Applicant’s representative: James R. Zi- Supermarts. N o t e : If a hearing is irregular routes, transporting: ( 1) Fro perski (same address as applicant). Au deemed necessary, applicant requests i zen apples and berries, from points on thority sought to operate as a common be held at Denver, Colo. the international boundary between the carrier, by motor vehicle, over irregular No. M C 124621 (S u b -N o . 4 ), filed April United States and Canada at or near routes, transporting: Fly ash, in bulk, Houlton and Calais, Maine, to points in from Louisville, Ky., to the construction 29, 1971. Applicant: C LE M E N T RK- Maine, New Hampshire, Massachusetts, site of Farley Nuclear Plant near Co B E R G , doing business as RIS^ ER^ Rhode Island, Connecticut, New York, lumbia, Ala. N o te : Common control may TRUCK SERVICE, 2339 Southeast Gran New Jersey, and Pennsylvania; and (2) be involved. Applicant states that the re Avenue, Portland, O R 97214. Appli08^ . frozen and pickled meats, from points representative: John G. McLaughlin, in Connecticut, Massachusetts, and New quested authority cannot be tacked with Hampshire, to points on the interna its existing authority. If a hearing is Blue Cross Building, Portland, OR W- tional boundary between the United deemed necessary, applicant requests it Authority sought to operate as a c0**_ . States and Canada at or near Houlton be held at Kansas City, Mo. carrier, by motor vehicle, over irreg FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 NOTICES 9167 routes, transporting: General commodi No. MC 125699 (Sub-No. 2) (Amend irregular routes, transporting: Paper and ties (except commodities in bulk, in tank ment) filed March 24, 1971, published in paper products (except commodities in vehicles, commodities requiring special the F ederal R eg ister issue of April 22, bulk); (a) from the plantsites and stor equipment, and household goods), be 1971, and republished as amended, this age facilities of Sterling Pulp & Paper Co., tween points in Oregon, Washington, issue. Applicant: W IL L A R D E. D U R B IN , at Eau Claire, Wis., Flambeau Paper Co. Idaho, and Montana, under contract with doing business as DURBIN AUTO SERV at Park Falls, Wis., Thilmany Pulp & Fred Meyer, Inc., Roundup Co., and ICE, 421 South Mulberry Street, Hagers Paper kt Kaugauna, Wis., Charmin, Ready Foods, Inc. N o t e : Common con town, M D 21740. Applicant’s representa Division of Proctor & Gamble at Green trol may be involved. If a hearing is tive: Daniel B. Johnson, 716 Perpetual Bay, Wis., to points in California, Ne deemed necessary, applicant requests it Building, 1111 E Street NW., Washing vada, Utah, Colorado, Wyoming, Idaho, be held at Portland, Oreg. ton, DC 20004. Authority sought to oper Oregon, Washington, Montana, North No. MC 125216 (Sub-No. 4), filed May ate as a common carrier, by motor ve Dakota, South Dakota, Minnesota, Iowa, 5, 1971. Applicant: OWENS TRUCK hicle, over irregular routes transporting: Illinois, Indiana, Michigan, Ohio, West MEN, INC., 183 Concord Street, Brook Wrecked, disabled, inoperative, stolen, Virginia, Virginia, North Carolina, South lyn, NY 11201. Applicant’s representa abandoned, and repossessed motor ve Carolina, Georgia, Florida, Maryland, tive: Blanton P. Bergen, 137 East 36th hicles and cargo trailers with or without Delaware, New Jersey, Pennsylvania, New Street, New York, N Y 10016. Authority cargo and replacement motor vehicles York, Vermont, Rhode Island, Maine, sought to operate as a contract carrier, and cargo trailers with or without cargo New Hampshire, Massachusetts, Connec ticut, and points in Louisville, Ky.; Cin by motor vehicle, over irregular routes, and repair parts therefor, in truckaway cinnati, Ohio; Kansas City, Mo.; Kan transporting: Such merchandise as is or towaway service, between Berkeley, sas City, Kans.; St. Louis, Mo.; Memphis, dealt in by retail department stores (ex Morgan, and Kanawha Counties, W. Va.; Tenn.; and West Memphis, Ark.; and cept new furniture in residential deliv Washington, Allegheny, and Garrett their respective commercial zones; (b) eries) and materials, supplies, and Counties, Md.; and Cumberland County, from Consolidated Paper Co. at Wiscon equipment used in the conduct of such Pa., on the one hand, and, on the other, sin Rapids, Wis., to points in North Da business, and return of rejected, dam points in Pennsylvania, Maryland, Vir kota, South Dakota, Minnesota, Iowa, aged, or returned merchandise, between ginia, Delaware, West Virginia, New Jer Illinois, Indiana, Michigan, Ohio, West points in the New York, N.Y., commercial sey, Ohio, New York, North Carolina, Virginia, Virginia, North Carolina, South zone, Manhasset, Garden City, Hemp South Carolina, and the District of Co Carolina, Georgia, Florida, Maryland, stead, Carle Place, Huntington, Babylon, lumbia. N o t e : The purpose of this repub Delaware, New Jersey, Pennsylvania, and Smithtown, N .Y.; Param us and lication is to reflect a change in the com New York, Vermont, Rhode Island, Woodbridge, N.J.; and points in Bergen, modity discription. If a hearing is deemed Maine, New Hampshire, Massachusetts, Essex, Hudson, Middlesex, Morris, Pas necessary, applicant requests it be held at Hagerstown, Md. Connecticut, and points in Louisville, saic, Somerset, and Union Counties, N.J., Ky.; Cincinnati, Ohio; Kansas City, Mo.; under a continuing contract with A bra No. MC 127361 (Sub-No. 6 ), filed April Kansas City, Kans.; St. Louis, Mo.; ham & Straus, Division of Federated D e 30, 1971. Applicant: FAIRCHILD GEN Memphis, Tenn.; and West Memphis, partment Stores, Inc. N ote : If a hearing ERAL FREIGHT, INC., 19 West Wash Ark.; and their respective commercial is deemed necessary, applicant requests ington, Avenue, Yakima, W A £8902. Ap zones; (c) from Badger Paper Mills at it be held at New York, N.Y. plicant’s representative: George H. Hart, Peshtigo, Wis., to points in Colorado, No. MC 125433 (Sub-No. 26), filed April 1100 IBM Building, Seattle, W A 98101. Idaho, Oregon, Washington, Montana, 26, 1971. Applicant: F -B TR UCK LINE Authority sought to operate as a contract North Dakota, South Dakota, Minne COMPANY, a corporation, 1891 W est carrier, by motor vehicle, over irregular sota, Iowa, Illinois, Indiana, Michigan, 2100 South Street, Salt Lake City, U T routes, transporting: Glass bottles and Ohio, West Virginia; Virginia, North 84119. Applicant’s representatives: jars, and covers, stoppers, and tops for Carolina, South Carolina, Georgia, Flor Duane W. Acklie, 521 South 14th Street, glass bottles and jars, from Portland, ida, M aryland, Delaware, New Jersey, Lincoln, NE 68501, and David J. Lister Oreg., to points in Idaho and Montana, Pennsylvania, New York, Vermont, (same address as applicant). Authority under contract with Owens-Illinois Glass Maine, New Hampshire, Massachusetts, sought to operate as a common carrier, Co. N o t e : Applicant holds common car Connecticut, and points in Louisville, by motor vehicle, over irregular routes, rier authority under MC 339 9, therefore, Ky.; Cincinnati, Ohio; Kansas City, Mo.; transporting: Iron and steel articles, as dual operations may be involved. If a Kansas City, Kans.; St. Louis, Mo.; described in Ex Parte No. MC-45, D e hearing is deemed necessary, applicant Memphis, Tenn.; and West Memphis, scriptions in Motor Carrier Certificates, requests it be held at Portland, .Oreg., or Ark.; and their respective commercial Appendix V (61 M.C.C. 276) ® FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9168 NOTICES If a hearing is deemed necessary,‘appli Elmer, 22644 Gratiot Avenue, East to operate as a contract carrier, by cant requests it be held at Huron, Detroit, M I 48021. Authority sought to motor vehicle, over irregular routes, S. Dak.; Sioux Falls, S. Dak.; or Sioux operate as a contract carrier, by motor transporting: Meats, meat products, City, Iowa. vehicle, over irregular routes, transport meat byproducts and articles distributed ing: Department store merchandise, and by meat packinghouses, as described by No. MC 129413 (Sub-No. 7), filed supplies used in conducting retail de the Commission, from the plantsite of April 9, 1971. Applicant; C.B. TRANS partment store business, from Detroit, Missouri Beef Packers, Inc., at or near PORTATION, INC., 1400 Grand Avenue, Mich., to points in the Lower Peninsula Friona, Tex., to points in Florida, North Post Office Box 3072, Sioux City, IA of Michigan located on and south of Carolina, South Carolina, Alabama, and 51102. Applicant’s representative: David Michigan Highway 21 extending from Georgia, under contract with Missouri. R. Parker, 605 South 14th Street, Post Port Huron to St. John’s, Mich., and on Beef Packers, Inc. N o t e : Applicant holds Office Box 82028, Lincoln, NE 68501. Au and east of U.S. Highway 27 from St. temporary common authority under MC thority sought to operate as a common John's and extending to the Indiana- 135070. If a hearing is deemed necessary, carrier, by motor vehicle, over irregular Michigan State line, Columbus, Ohio, applicant requests it be held at Amarillo routes, transporting: Dried beet pulp, and points in that portion of Ohio lo or Dallas, Tex., or Lincoln, Nebr. from Chaska, Crookston, and East Grand cated on and north of U.S. Highway 36, No. M C 134341 (Sub-No. 3) (Correc Forks, Minn., to points in Iowa, Ne and damaged or traded-in merchandise, tion), filed December 2, 1970, published braska, and South Dakota. N ote : Appli from points in the above described desti in the F ederal R egister issue of Decem cant states that the requested authority nations to Detroit, Mich., under contract ber 30, 1970, and republished as cor cannot be tacked with its existing au with Interstate Stores, Inc., N o t e : If a rected, this issue. Applicant: CHARLES thority. If a hearing is deemed necessary, hearing is deemed necessary, applicant R. STR O P, doing business as STROP applicant requests it be held at Des requests it be held at Lansing or Detroit, TRANSPORTATION, Rural Route 1, Moines, Iowa, or Omaha, Nebr. Mich. Hastings, Nebr. 68901. Applicant’s repre No. MC 129631 (Sub-No. 17), filed No. MC 133689 (Sub-No. 16), filed sentatives: Charles R. Strop (same ad April 29,1971. Applicant: P A C K T R A N S April 23, 1971. Applicant: OVERLAND dress as applicant) and Donald L. Stem, PO R T , INC., Post Office Box 17233, Salt EXPRESS, INC., 651 First Street SW., Suite 530 Univac Building, 7100 West Lake City, UT. Applicant’s representa New Brighton, MN 55112. Applicant’s Center Road, Omaha, N E 68106. Author tive: Max Eliason, Post Office Box 2602, representative: James F. Sexton, 33 ity sought to operate as a common car- Salt Lake City, UT 84110. Authority North Dearborn Street, Chicago, IL rier, by motor vehicle, over irregular sought to operate as a common carrier, 60602. Authority sought to operate as a routes, transporting: Meats, meat prod ucts, and meat byproducts, and articles by motor vehicle, over irregular routes, common carrier, by motor vehicle, over distributed by meat packinghouses, as transporting: (1) Lumber, lumber mill irregular routes, transporting: Dairy described in sections A and C of appen products, and boards or sheets composed products, and other commodities dis dix I to the report in Descriptions in of wood particles, glue and resin, from tributed by dairies (except commodities M otor Carrier Certificates, 61 M.C.C. 209 Idaho and Montana to points in Arizona in bulk), from the plantsites, warehouse, and 766 (except hides and commodities and from points in Coconino, Navajo, storage, and production facilities utilized in bulk), ( 1) from the plantsite and Apache, and Yavapai Counties, Ariz., to by Land O’Lakes, Inc., at Chicago, HI., storage facilities of Minden Beef Co., at points in Utah; and (2) roofing, decking, and points in the Chicago, HI., commer or near Minden, Nebr., to points in Con and building materials, from points in cial zone, as defined by the Commission, Coconino, Navajo, Apache, and Yavapai necticut, Hlinois, Indiana, Iowa, Ken to points in Connecticut, Delaware, tucky, M aryland, Massachusetts, Michi Counties, Ariz., to points in Utah (except Maine, Maryland, Massachusetts, New gan, Missouri, New Jersey, New York, commodities requiring special equip Hampshire, New Jersey, N ew York, ment), in connection with ( 1) and ( 2 ) Ohio, Pennsylvania, Wisconsin, and the Pennsylvania, Rhode Island, Vermont, District of Columbia; and (2) from the above. N o t e : Applicant states that tack Virginia, West Virginia, and the District ing possibiilties exist with its base certifi plantsite and storage facilities of of Columbia. N ote : Applicant states that Packing Co., at or near Hastings, Nebr,, cate MC 129631, but not intended. Per the requested authority cannot be tacked to points in Hlinois, Indiana, Iowa, sons interested in the tacking possibili with its existing authority. Applicant Michigan, Minnesota, Ohio, and Wis ties are cautioned that failure to oppose holds contract carrier authority under consin, restricted to the transportatio the application may result in an unre MC 76025 and subs thereto. If a hearing of traffic originating at the above-named stricted grant of authority. Applicant is deemed necessary, applicant requests it origin points and destined to the abov- now holds contract carrier authority un be held at Minneapolis, Minn. named destination points. N ote: i der its No. M C 101741 (Sub-N o. ), there 8 purpose of this republication is to re fore, dual operations may be involved. If No. MC 133775 (Sub-No. 9), filed the name of M r. Donald L. Stern as a hearing is deemed necessary, applicant April 20, 1971. Applicant: REEFER representative of applicant and to requests it be held at Salt Lake City, TRANSIT LINE, INC., 55 East Washing fleet part No. (2) above. If a hearing Utah, or Phoenix, Ariz. ton Boulevard, Chicago, IL 60602. Appli cant’s representative: Charles W. deemed necessary, applicant reques No. MC 133072 (Sub-No. 3), filed Singer, 33 North Dearborn Street, Chi be held at Om aha or Lincoln, Nebr. April 23, 1971. Applicant: VITO cago, IL 60602. Authority sought to No. MC 134653 (Sub-No. 2), ^ PALUMBO, doing business as W ILLIAM operate as a common carrier, by motor March 15, 1971. Applicant: STERR^ PALUMBO TRUCKING, 67 Greenwich vehicle, over irregular routes, transport T R U C K IN G , INC., Post Office Box 3b - Street, New York, N Y 10006. Applicant’s ing: Meats, cooked, cured, or preserved, W est Coxsackie, N Y 12192, Apphca _ representative: William D. Traub, 10 with or without vegetable, milk, egg, or representative: Alfred C. p ^rello, _ East 40th Street, New York, N Y 10016. fruit ingredients, other than frozen, State Street, Albany, N Y 12203. Auth Authority sought to operate as a con from Fort Madison, Iowa, to points in ity sought to operate as a e° , v tract carrier, by motor vehicle, over ir Ohio and New York. N o t e : Common carrier, by motor vehicle, over Inesow regular routes, transporting: Business control may be involved. Applicant routes, transporting: Precast, pre forms, from site of warehouse of Duplex states that the requested authority can structural concrete products, t > Products, Inc., Fairfield, N.J., to New not be tacked with its existing authority. Pittsfield, Mass., to Copiskin, J^ts York, N.Y., under contract with Duplex If a hearing is deemed necessary, appli and (2) from Pittsfield, Mass., to point Products, Inc. N o t e : I f a hearing is cant requests it be held at Chicago, HI. in New York, New Jersey, Rhode Is > deemed necessary, applicant requests it Connecticut, Massachusetts, Verm * be held at New York, N.Y. No. MC 134323 (Sub-No. 15), filed April 30, 1971. Applicant: JAY LINES, New Hampshire, and Maine for t No. MC 133547 (Sub-No. 1), filed INC., Post Office Box 1644, 720 North count of Unistress Corp., Plttsfleld^ ry April 6, 1971. Applicant: WESTERN Grand Avenue, Amarillo, TX 79105. Ap N o t e : If a hearing is deemed n e c _ ’ STORAGE & WAREHOUSE, INC., 2410 plicant’s representative: Duane Acklie, applicant requests it be held at Vinewood Street, Detroit, MI 48216. 521 South 14th Street, Post Office Box Applicant’s representative: William B. 806, Lincoln, NE 63501. Authority sought or Syracuse, N.Y. FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 NOTICES 9169 No. MC 134777 (Sub-No 12), filed irregular routes, transporting: Sawdust, applicant requests it be held at Fargo April 26, 1971. Applicant: S O O N E R E X wood chips, and dry wood shavings, ( 1) N . Dak. PRESS, INC., Post Office Box 219, Madill, from Marshall, Tex., to Lillie, La., and OK 73446. Applicant’s representatives: (2) from Marshall, Tex., to Springhill, No. M C 135524, filed April 26, 1971. Wilburn L. Williamson, Suite 280 Na La., under contract with Snider Bros., Applicant: G. F. TRUCKING CO., a tional Foundation Life Center, 3535 Lumber Co., Marshall, Tex. N ote: I f a corporation, 1528 Albert Street, Youngs Northwest 58th, Oklahoma City, O K hearing is deemed necessary, applicant town, OH 44505. Applicant’s representa 73112 and Dale Waymire (same address requests it be held at Dallas, Tyler, or tive: James Muldoon, 50 West Broad as above). Authority sought to operate Austin, Tex. Street, Columbus, OH 43215. Authority as a common carrier, by motor vehicle, sought to operate as a common carrier, over irregular routes, transporting: No. MC 135242 (Sub-No. 1), filed April by motor vehicle, over irregular routes, Meats, meat products, meat byproducts 26, 1971. Applicant: HIGGINS CON transporting: Iron and steel pipe, tubing, and articles distributed by meat pack T R A C T C A R R IE R , INC., Post Office Box conduit, fittings, and accessories, from inghouses, as described in sections A and 206, Shelby, NE 68662. Applicant’s rep Sharon and Wheatland, Pa., to points in C of appendix I to the report in Descrip resentative: David R. Parker, 605 South Minnesota, Iowa, Missouri, Montana, tions in Motor Carrier Certificates, 61 14th Street, Post Office Box 82028, Lin Nebraska, North Dakota, South Dakota, M.C.C. 209 and 766 (except hides and coln, NE 68501. Authority sought to op Wisconsin, and points in Michigan on commodities in bulk) from Emporia, erate as a contract carrier, by motor ve and north of U.S. Highway 21. N ote: Kans.; West Point and Dakota City, hicle, over irregular routes, transporting: Applicant states that the requested Nebr.; Denison, Fort Dodge, LeM ars and Feed and feed ingredients, ( l ) from authority cannot be tacked with its exist Mason City, Iowa; and Luveme, Minn., Schuyler, Nebr., to points in Iowa, Kan ing authority. If a hearing is deemed to points in Maine, New Hampshire, sas, and Colorado, under a continuing necessary, applicant requests it be held Vermont, Massachusetts, Connecticut! contract with F. J. Higgins Milling Co.; at Pittsburgh, Pa., Columbus, Ohio, or Rhode Island, New Jersey, New York, and ( 2) from Schuyler, Columbus, David Washington, D.C. Pennsylvania, M aryland, Delaware, V ir City, Central City, and Fremont, Nebr., No. M C 135550, filed April 26, 1971. ginia, West Virginia, and the District of to points in Iowa, Kansas, and Colorado, Applicant: PHILLIP BLOCH, doing busi Columbia. N o t e : Applicant now holds under a continuing contract with Three ness as PHIL’S TRUCK SERVICE, Post contract carrier authority in M C 87088 Dehy Co., Inc. N ote: I f a hearing is Office Box 1163, Elko, NV. Authority Sub- , therefore dual operations may be deemed necessary, applicant requests it 1 sought to operate as a common carrier, involved. Applicant states that the re be held at Lincoln or Omaha, Nebr. by motor vehicle, over regular routes, quested authority cannot be tacked with No. MC 135355 (Sub-No. 2) . filed April transporting: General commodities (ex its existing authority. If a hearing is 30,1971. Applicant: J A C K H. LO B D E LL, cept household goods as defined by the deemed necessary, applicant requests it doing business as LOBDELL TRUCK Commission and petroleum products in be held at Omaha, Nebr., Sioux City, IN G , 216 W est 16th Street, South Sioux bulk, in tank vehicles), between Elko, Iowa, or Washington, D.C. City, NE 68776. Applicant’s representa Nev., on the one hand, and, on the other, No. MC 134777 (Sub-No. 13), filed tive: Jack H. Lobdell (same address as Twin Falls, Idaho, serving the intermedi 1971. Applicant: SOONER E X - above). Authority sought to operate as ate points of Wells, Contact, Wilkins, and S*??,8, IN C -> Post Office B ox 219, a contract carrier, by motor vehicle, over Jackpot, Nev., and return over the same Madill, OK 73446. Applicant’s represen- irregular routes, transporting: Animal route. N ote: I f a hearing is deemed jatives: Wfibum L. Williamson, Suite and poultry feed, from Sioux City, Iowa, necessary, applicant requests it be held JJ. National Foundation Life Center, to points in Nebraska, under a continu at Elko or Carson City, Nev. ¡^ N o rth w e s t 58th, Oklahoma City, ing contract with Ralston Purina Co. No. M C 135551, filed A pril 15, 1971 r L 73112,an meats, and meat by- 23,1971. Applicant: B E R N A R D B A IL E Y Seattle, W A 98101. Authority sought to mrkt*lShand artlcles distributed by meat Bushwood, Md. 20618. Applicant’s rep operate as a contract carrier, by motor K ? 0? “ ’ 85 described in sections resentative: Charles E. Creagar, Suite vehicle, over irregular routes, transport D e f r S °f appendix I to the report in 523, 816 Easley Street, Silver Spring, ing: Telephone equipment, materials, ^ m p i ons m Motor Carrier Certift- M D 20910. Authority sought to operate and supplies between Tacoma, Wash., on hides arirf MiC'C ' 209 811(1 766 (excePt as a contract carrier, by motor vehicle, the one hand, and, on the other, points ^^com m odities in bulk), from over irregular routes, transporting: in King, Pierce, Thurston, Mason, Clal Citv^Sk1^ ” West Point and Dakota Malt beverages, related advertising para lam, Jefferson, Kitsap, Grays Harbor, u L Nebr? Denison, Fort Dodge, L e- phernalia, and used malt beverage con Lewis, Pacific, and Cowlitz Counties, tainers, between Newark, N.J., and W il S n J “S, Mason City> lQwa, and Wash., under contract with Western PloriS ’r ^ ^ * ’ to ln Alabam a, liamsburg, Va., on the one hand, and, -North Oarolina, South on the other, points in St. Marys County, Electric Co., Inc. N ote: Applicant seeks neSS ’ ^ ^ s s i p p i , Louisiana, Ten- Md., under contract with Guy Distribut no duplicating authority. If a hearing is ^ hoS Note: Applicant ing Co., Inc. N ote: I f a hearing is deemed necessary, applicant requests it MC ¡SS camer authority in deemed necessary, applicant requests be held at Seattle, Wash. operation^ ¡®ub_No. 1), therefore dual it be held at Washington, D.C. No. M C 135556, filed April 28,1971. A p states that ikfty be involved. Applicant No. MC 135482 (Sub-No. 1), filed hot be re5 uested authority can plicant: RAYMOND R. CARPENTER April 19, 1971. Applicant: H. A. BEYER ity. If i'a9^ed with its existing author- AND JAMES R. CARPENTER, a part AND ROBERT A. BEYER, a partnership, aPPli No. 98—P t i___ 7 FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20 1971 9170 NOTICES on the other, under contract with Craw No. M C 135560, filed April 23, 1971. A p fice Box 730, 300 South Broadway Ave ford Farm Bureau Cooperative As plicant: MOBERG TRANSPORT, INC., nue, Wichita, K S 67201. Authority sought sociation, and Seneca County Farm Bu Post Office Box 495, Marshall, M N 56258. to operate as a common carrier, by motor reau Cooperative Association, Inc. N o te : Applicant’s representative: Charles E. vehicle, over regular routes, transport If a hearing is deemed necessary, appli Nieman, 1160 Northwestern Bank Build ing: Passengers and their baggage, and cant requests it be held at Bucyrus, ing, Minneapolis, MN 55402. Authority express and newspapers in the same ve Toledo, and Columbus, Ohio. sought to operate as a common carrier, hicle with passengers, between Rogers, by motor vehicle, over irregular routes, Ark., and Fayetteville, Ark., over U.S. No. M C 135557, filed April 28, 1971. transporting: Petroleum products, in Highway 71, serving all intermediate Applicant: 1 FLORIDA MOVING & bulk, in tank vehicles, from the pipeline points. N o t e : Applicant requests han STORAGE OF JACKSONVILLE, INC., terminal of Champlin Refining Co. near dling concurrently with MC-F-11158 678 North Edgewood Avenue, Jackson Rock Rapids, Iowa, to points in Martin, and MC-F-11159, published in the Fed ville, FL 32205. Applicant’s representa Pipestone, Murray, Watonwan, Lincoln, eral R egister issue of M ay 19, 1971. If a tive: Sol H. Proctor, 2501 Gulf Life Lyon, Redwood, and Yellow Medicine hearing is deemed necessary, applicant Tower, Jacksonville, FL 32207. Author Counties, Minn. N o t e : If a hearing is requests it be held at Wichita, Kans., ity sought to operate as a common car or Tulsa, Okla. rier, by motor vehicle, over irregular deemed necessary, applicant requests it routes, transporting: Used household be held at Minneapolis or St. Paul or No. MC 125399 (Sub-No. 1), filed goods, between points in Florida on and Mankato, Minn. April 27, 1971. Applicant: CARR’S DE LUXE COACHES LIMITED, a corpora north of Florida Highway 40 and on M otor C arrier o f P assengers and east of U.S. Highway 19 and points tion, 260 10th Street East, Owen Sound, N o. MC 1002 (Sub-No. 23), filed in Georgia on and east of U.S. Highway O N Canada. Applicant’s representative: 19 and on and south of U.S. Highway 84. April 26, 1971. Applicant: ASBURY S. Harrison Kahn, 733 Investment Build Restriction: Prior or subsequent move PARK-NEW YORK TRANSIT CORPO ing, Washington, DC 20005. Authority ment in containers, beyond points au RATION, 401 Lake Avenue, Asbury Park, sought to operate as a common carrier, thorized and further restricted to per NJ 07712. Applicant’s representative: by motor vehicle, over irregular routes, formance of pickup and delivery service Michael J. Marzano, 17 Academy Street, transporting: Passengers and their bag in connection with packing, crating, and Newark, NJ 07102. Authority sought to gage in the same vehicle with passengers, containerization, or unpacking, uncrat operate as a common carrier, by motor in special operations, in round trip sight ing, and decontainerization of such vehicle, over regular routes, transport seeing and pleasure tours, from ports of traffic. N o t e : Applicant states that the ing: Passengers and their baggage and entry on the international boundary line requested authority cannot be tacked newspapers and express in the same ve between the United States and Canada with its existing authority. If a hearing hicle as passengers; (1) between the to points in the United States including is deemed necessary, applicant requests Borough of Little Silver, N.J., and the Alaska, but excepting Hawaii, and re it be held at Jacksonville, Fla. Borough of Red Bank, N.J., from the turn. N o te : Applicant states that the re Borough of Little Silver, N.J., over Rum- quested authority cannot be tacked with No. MC 135558 (Sub-No. 1), filed son Road to its junction with Avenue of its existing authority. If a hearing is April 30, 1971. Applicant: GRIMMER Two Rivers, in the Borough of Rumson, deemed necessary, applicant requests it TRANSFER AND STORAGE INC., 127 N.J., thence over Avenue of Two Rivers be held at Detroit, Mich. East Augusta Avenue, Spokane, WA to its junction with Ridge Road, thence No. M C 135412, filed March 5, 1971. 99205. Applicant’s representative: Don over Ridge Road to its junction with Steen, (same address as applicant). Au Applicant: GOLDEN ARROW EXPRESS River Road, thence over River Road to L IM IT E D , 617 Mowat Avenue, Fort thority sought to operate as a common River Avenue, thence over River Avenue carrier, by motor vehicle, over irregular Frances, Canada. Applicant’s represent to River Road at the Borough of Rumson, routes, transporting: Used household ative: Clarence Harvey Wright (same N.J., and Borough of Fair Haven, N.J., goods, between points in Spokane County, address as applicant). Authority sought municipal boundary, thence over River Wash., restricted to the transportation to operate as a common carrier, by motor Road to the Borough of Red Bank, N.J., of traffic having a prior or subsequent vehicle, over irregular routes, transport and return over the same route; (2) be movement, in containers, and further ing: Passengers and their baggage, m tween the Borough of Rumson, N.J., and restricted to the performance of pick up the same vehicle with passengers, in the Borough of Fair Haven, N.J., from and delivery service in connection with charter operations, from the port oi the junction of Rumson Road and Fair packing, crating, and containerization, entry on the international boundary line Haven Road, in the Borough of Rumson, or unpacking, uncrating, and decon between the United States and Canada N.J. over Fair Haven Road to its junc- tainerization of such traffic from or to located near Rainy River, Ontario, and tion’ with River Road in the Borough of points or areas located within Spokane Fort Frances, Ontario, Canada, to pom® Fair Haven, N.J., and return over the - in Minnesota, Wisconsin, Illinois, Micni- County, Wash. N o t e : If a hearing is same route; and (3) between the Bor deemed necessary, applicant requests it gan, and North Dakota, and return. ough of Rumson, N.J., and the township N ote : Applicant states that the proposea be held at Spokane, Wash. of Middletown, N.J., from the jonct operations will begin, for furtherance No. M C 135559, filed April 20,1971. A p of River Avenue and Bingham Avenue the said ports of entry on the interna plicant: JOHN A. JAMES AND CALVIN in the Borough of Rumson, N.J., over tional boundary, thence for furtheran O U T L A W , Jr., a partnership, doing Bingham Avenue to Oceanic Bridge, to the destination States named ab > business as O-J TRANSPORT CO., 2739 thence over Oceanic Bridge to the town- and return. If a hearing is deemedneces- Sturtevant, Detroit, MI 48206. Ap ship ol Middletown sary, applicant requests it be held plicant’s representative: Martin D. the same route and St. Paul, Minn., or Bismarck, N . Dax. Lesham, Suite 420, 24700 Northwestern riiate Doints in 1 through 3 above. N o t e . Highway, Southfield, M I 48075. Author No. MC 135552, filed M archJjM jg- Applicant states it p™p0^ £° Applicant: ALLIED UNDERW RH^’ ity sought to operate as a contract car service to and from New York N.Y., by rier, by motor vehicle, over irregular INC., doing business as S C E N IC TRA - joining the proposed routes wjth hs 1807 Jackson, L a Crosse, W I 54601.AP routes, transporting: Malt beverages and existing regular route authority. If a related advertising material, from Schlitz plicant’s representative: Irvin L- hearing is deemed necessary applicant gom Route No. 3, Box 130, La Crosse, Brewery, located in Milwaukee, Wis., to requests it be held at Newark, N.J. Sky-Pac Enterprises, Inc., Detroit, Mich., W I 54601. Authority sought to ope and empty containers, on return, under No MC 109780 (Sub-No. 66), filed as a common carrier, by motor v > contract with Sky-Pac Enterprises, Inc. April 28, 1971. Applicant: CONTINEN over irregular routes, transport^ s- sengers and their baggage, and JP N o t e : If a hearing is deemed necessary, TAL TRAILWAYS, INC., 315 Continen mail, and newspapers in the same applicant requests it be held at Detroit, tal Avenue, Dallas, TX. Applicant’s hide with passengers; (1) between 1» Mich. representative: C. Zimmerman, Post O f FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 NOTICES 9171 Crosse, Wis., and Dubuque, Iowa: From Bureau, agent (No. R-236), for inter issued July 9, 1964, to Thomas R. Ho La Crosse over Wisconsin Highway 35 ested rail carriers. Rates on sodium garth, doing business as Hogarth’s Tow to junction U.S. Highway 18 at Prairie (soda), caustic (sodium hydroxide), in ing Service, Twinsburg, Ohio, authoriz du Chien, Wis., thence over U.S. High tank carloads, as described in the appli ing the transportation of wrecked or way 18 to junction U.S. Highway 61 at cation, from specified points in Louisiana disabled motor vehicles, and replacement Penmore, Wis., thence over U.S. Highway and Texas, to Foley, Fla. or repair parts or equipment for wrecked 61 to junction Wisconsin Highway 81, Grounds for relief— Rate relationship. or disabled motor vehicles, between thence over Wisconsin Highway 81 to Tariffs—Supplements 264 and 157 to points in Geauga, Trumbull, Mahoning, Platteville, thence over U.S. Highway Southwestern Freight Bureau, Agent, and Columbiana Counties, Ohio, on the 151 to Dubuque and return over the same tariffs ICC 4668 and 4773, respectively. one hand, and, on the other, points in route, serving all intermediate points; By the Commission. Illinois, Indiana, Kentucky, Massachu and (2) between L a Crosse, Wis., and setts, Michigan, Missouri, N ew York, Dubuque, Iowa: From La Crosse over [ s e a l ] R obert L . O s w a l d , Pennsylvania, Virginia, and West Vir Wisconsin Highway 33 to junction U.S. Secretary. ginia. Edwin C. Reminger, 731 Leader Highway 27 at Cashton, Wis., thence [PR Doc.71-7044 Piled 5-19-71;8:48 am] Building, Cleveland, OH 44114, attorney over Wisconsin H ighway 27 to junction for applicants. U.S. Highway 61 at Westby, Wis., thence No. M C-FC-72841. By order of May 13, over U.S. Highway 61 to junction W is [Notice 692] consin Highway 81, thence over Wiscon 1971, the Motor Carrier Board approved sin Highway 81 to Platteville, thence MOTOR CARRIER TRANSFER the transfer to Ashton-Damron Towing over U.S. Highway 151 to Dubuque, and PROCEEDINGS Co., a Michigan corporation, Detroit, return over the same route, serving all Mich., of the operating rights in certifi M a y intermediate points. N o t e : If a hearing 17, 1971. cates Nos. MC-95840 (Sub-No. 1) and is deemed necessary, applicant requests Synopses of orders entered pursuant MC-95840 (Sub-No. 2) issued Septem it be held at (1) L a Crosse, Wis., (2) to section 212(b) of the Interstate Com ber 25, 1961, and November 15, 1963, Madison, Wis., and (3) Minneapolis, merce Act, and rules and regulations respectively, to Grayson Damron doing Minn. prescribed thereunder (49 C F R Part business as Ashton-Damron Towing Co., 1132), appear below: Detroit, Mich., authorizing the trans Applicatio n for W ater C arrier As provided in the Commission’s spe portation of wrecked and disabled auto No. W-1235 (Sub-No. 1) (SECURITY cial rules of practice any interested mobiles, trucks, trailers, and buses, in BARGE LINE, INC., Extension—Re person may file a petition seeking recon truckaway service, and used tractors or moval of Restriction), filed May 4, 1971. sideration of the following numbered used trailers to be used as replacements Applicant: S E C U R IT Y B A R G E LIN E , proceedings within 20 days from the date for wrecked or disabled tractors or INC., Lake Ferguson, Post Office Box of publication of this notice. Pursuant to trailers, in truckaway service, between 4927, Greenville, M S 38701. Applicant’s section 17(8) of the Interstate Commerce Detroit, Mich., and points in that part of representative: J. Raymond Clark, Suite Act, the filing of such a petition will post Michigan and Ohio within 100 miles of 600, 1250 Connecticut Avenue NW„ pone the effective date of the order in Detroit, on the one hand, and, on the Washington, DC 20036. Applicant herein that proceeding pending its disposition. other, points in Illinois, Indiana, Ohio, seeks revision of its present certificate of The matters relied upon by petitioners Pennsylvania, New York, Wisconsin, public convenience and necessity under must be specified in their petitions with Kentucky, West Virginia, and Tennes W-1235, so as to authorize operation as particularity. see; and wrecked, disabled, and repos a common carrier by water, in interstate sessed motor vehicles, by use of wrecker No. MC-FC-72641. By order of May or foreign commerce, by non-self-pro- equipment only, and replacement ve 13, 1971, the Motor Carrier Board ap Pelled vessels with the use of separate hicles for wrecked and disabled motor proved the transfer to Leo H. Searles, towing vessels in the transportation of vehicles, between points in Michigan, South Worcester, N.Y., of the operating general commodities, and by towing ves on the one hand, and on the other, points rights in certificate No. MC-119304 sels in the performance of general towage in the above destination States. William issued July 15, 1960, to Gordon Mead, as follows: Between ports and points B. Elmer, 22644 Gratiot Avenue, East Roxbury, N.Y., authorizing the trans along the Arkansas-Verdigris Waterway, Detroit, M I 48021, attorney for appli portation of agricultural lime, in bulk, the Illinois Waterway, including points cants. from Lee and West-Stockbridge, Mass., along Lake Michigan between Chicago, to points in Delaware and Schoharie No. MC-FC-72843. By order of May 13, ill. and Burns Harbor, Ind., both in Counties, N.Y., Harold C. Vrooman, 140 1971, the Motor Carrier Board approved clusive, the Minnesota River below Main Street, Oneonta, N Y 13820, attor the transfer to Pat’s Van Lines, Inc., Shakopee, Minn., the Mississippi River ney for applicants. Kansas City, Mo., of certificate No. MC below Minneapolis, Minn., and the St. 104758 and M C 104758 (Sub No. 1) issued Croix River below Stillwater, Minn., in No. MC-FC-72764. By order of to C. W. Maxwell, Tonganoxie, Kans., cluding the points named. May 13, 1971, the Motor Carrier Board authorizing the transportation of: Live approved the transfer to Earl K. Robin By the Commission. stock, various agricultural commodities, son, Lebo, Kans., of certificate No. MC and used farm machinery, and building [seal] R obert L. O s w a l d , 70214 issued to Jake Sattler, Reading, materials and household goods, between Secretary. Kans., authorizing the transportation specified points and areas in Kansas and of: Livestock, and various agricultural [PR Doc.71-6964 Piled 5-19-71;8:45 am] Missouri. Donald J. Quinn, attorney, products, hardware, etc., between Lebo, 1012 Baltimore, Kansas City, M O 64105. Kans., and Kansas City, Mo. Elvin D. FOURTH sectio n application fo r Perkins, Attorney, Post Office Box 609, No. M C-FC-72846. By order of May 13, RELIEF Emporia, K S 66801. 1971, the Motor Carrier Board approved the transfer to Steel Transport, Inc., M a y 17, 1971. No. MC-FC-72797 (Corrected) .* By Cleveland, Ohio, of certificate of regis . Protests to the granting of an appli- order of April 16, 1971, the Motor Car tration No. MC-58561 (Sub No. 1) is J fim u st be prepared in accordance rier Board approved the transfer to sued to The Shawnee Cartage Co., a cor 1100-40 of the general rules of William C. Harshman, Sr., doing business poration, Cleveland, Ohio, authorizing (49 CFR 1100.40) and filed as Harshman & Sons, Southington, Ohio, transportation in interstate or foreign tin« 35 d&ys from the date of publica- commerce between specified points and of that portion of the operating rights in “on of this notice in the F ederal areas in Ohio. A. Charles Tell, attorney, Register. certificate No. MC-110943 (Sub-No. 1) 100 East Broad Street, Columbus, OH L o n g - and -S h o r t H a u l 43215. 1 The notice in the Federal Register dated *?203— Liquid caustic soda to Apr. 27, 1971, inadvertently showed the No. MC-FC-72862. B y order of M ay 12, ey, Fla. Filed by Southwestern Freight name of the attorney as Edwin C. Meminger. 1971, the Motor Carrier Board approved FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 * 9172 NOTICES the transfer to Dependable Transport, Dayton, Ohio 45409 (Donald V. Linda- Lane, Cherry Hill, NJ 08034. Applicant’s Inc., Warner Robins, Ga., of the operat mood, Distribution Analyst). Send pro representative: J. Michael Farrell, Fed ing rights in permits Nos. MC-128696 tests to: District Supervisor Lyle D. Hei eral Bar Building, Washington, D.C. (Sub-No. 1) and MC-128696 (Sub-No. 4) fer, Interstate Commerce Commission, 20006. Authority sought to operate as a issued February 13, 1968, and Novem Bureau of Operations, 135 West Wells contract carrier, by motor vehicle, over ber 24, 1969, respectively, to Grantham Street, Room 807, Milwaukee, W I 53203. irregular routes, transporting: Aluminum food containers, from the plantsite of Trucking Co., a corporation, Warner No. MC 112963 (Sub-No. 19 TA), filed Penny Plate, Inc., at Cherry Hill, N.J., Robins, Ga., authorizing the transporta April 26, 1971. Applicant: ROY BROS., and Searcy, Ark., to the plantsite of First tion of steel pressure tanks, from the INC., 764 Boston Road, Pinehurst, MA National Stores, East Hartford, Conn., plantsite of Delta Tank Manufacturing 01866. Applicant’s representative: Leon and Grimes Poultry Processing Corp., Co., Inc., at- Macon, Ga., to points in ard M urphy (same address as applicant). Alabama, Arkansas, Delaware, Illinois, Fredericksburg, Pa., for 150 days. Sup Authority sought to operate as a common porting shipper: Penny Plate, Inc., Post Indiana, Iowa, Kentucky, Tjouisiana, carrier, by motor vehicle, over irregular Office Box 458, Haddonfield, NJ 08034. Maryland, Michigan, Minnesota, Missis routes, transporting: Animal feed ingre Send protests to: Raymond T. Jones, sippi, Missouri, Nebraska, North Caro dients, dry, in bulk, in tank vehicles, lina, North Dakota, Ohio, Pennsylvania, District Supervisor, Bureau of Opera (1) from ports of entry on the United tions, Interstate Commerce Commission, South Carolina, South Dakota, Tennes States-Canadian border at or near Alex see, Texas, Virginia, W est Virginia, and 428 East State Street, Room 204, Tren andria Bay, Massena, Niagara Falls, and ton, N J 08608. Wisconsin. Archie B. Culbreth, Suite 417, Ogdensburg, N.Y., to Woburn, Mass., and 1252 West Peachtree Street NW., Atlan refused and rejected shipments, on re No. M C 129732 (Sub-No. 3 T A ), filed ta, G A 30309, attorney for applicants. turn; (2) from Baldwinsville, N.Y., to May 7, 1971. Applicant: EMPIRE FUEL [ s e a l ] R obert L. O s w a l d , Woburn, Mass., and (3) from Decatur, & T R A N S F E R CO., 920 Newmark, Coos Secretary. HI., to Woburn, Mass., for 180 days. Sup Bay, O R 97420. Applicant’s representa tive : Earle V. White, Portland, Oreg. [FR Doc.71-7042 Filed 5-19-71;8:48 am] porting shipper: Lipton Pet Foods, Inc., 209 New Boston Street, Woburn, MA Authority sought to operate as a com 01801. Send protests to: James F. M ar mon carrier, by motor vehicle, over irreg [Notice 297] tin, Jr., Assistant Regional Director, In ular routes, transporting: Wood pulp and terstate Commerce Commission, Bureau paper pulp, in bales, from points within MOTOR CARRIER TEMPORARY of Operations, John F. Kennedy Build the commercial zone-terminal area of AUTHORITY APPLICATIONS ing, Boston, Mass. 02203. Coos Bay, Oreg., to points in Cowlitz County, Wash., for 180 days. Supporting M a y 17,1971. No. MC 117606 (Sub-No. 1 TA), filed shipper: Coos Bay Timber Co., Post Of The following are notices of filing of May 7, 1971. Applicant: WEBB TRANS fice Box 750, Coos Bay, O R 97420. Send applications for temporary authority un FER LINE, INC., Post Office Box 231, protests to: A. E. Odoms, District Super der section 210a (a) of the Interstate U.S. Highway 60 E., Shelbyville, KY visor, Interstate Commerce Commission, Commerce Act provided for under the 40065. Applicant’s representative: Robert Bureau of Operations, 450 Multnomah new rules of Ex Parte No. MC-67, (49 H. Kinker, Mail: Post Office Box 464, Building, Portland, Oreg. 97204. C F R Part 1131) published in the F ederal 711 McClure Building, Frankfort, KY No. MC 129809 (Sub-No. 6 TA), filed R e g ister , issue of April 27, 1965, effective 40601. Authority sought to operate as a M ay 7, 1971. Applicant: A & H, INC., 324 July 1, 1965. These rules provide that contract carrier, by motor vehicle, over Old Highway 11, Box 346, Footville, Wl protests to the granting of an ap irregular routes, transporting: General 3587. Applicant’s representative: David plication must be filed with the field commodities (except livestock, classes A J. MacDougall, One East Milwaukee official named in the F ederal R egister and B explosives, articles of unusual Street, Janesville, W I 53545. Authority publication, within 15 calendar days value, redried tobacco, empty tobacco sought to operate as a contract carrier, after the date of notice of the filing of containers, knocked down or assembled, by motor vehicle, over irregular routes, the application is published in the F ed tobacco handling and testing equipment transporting: Food stuffs, from points eral R e g ist e r . One copy of such protests and agricultural products, commodities, in Wisconsin to points in Massachusetts, must be served on the applicant, or its in bulk, and those which, because of size New York, Pennsylvania, Connecticut, authorized representative, if any, and or weight, require the use of special New Jersey, and Rhode Island, with no the protests must certify that such serv equipment) restricted to those declared transportation for compensation on re ice has been made. The protests must be surplus commodities by an agency of the turn except as otherwise authorized, 1 specific as to the service which such pro- U.S. Government, from U.S. Government 180 days. Supporting shipper: Universal testant can and will offer, and must con installations and holding agencies for Foods Corp., 433 East Michigan, Milwau sist of a signed original and six copies. U.S. Government property in California, kee, W I 53203. Send protests to: Barney Florida, Kansas, Louisiana, Minnesota, A copy of the application is on file, L. Hardin, District Supervisor, Interstate and can be examined at the Office of the Mississippi, Oklahoma, South Dakota, Commerce Commission, Bureau oi p Secretary, Interstate Commerce Commis Texas, Utah, and Wisconsin, to points erations, 139 West Wilson Street, Room sion, Washington, D.C., and also in field in Kentucky. Restriction: The above- 206, Madison, W I 53703. office to which protests are to be trans described operations are limited to a mitted. transportation service to be performed, No. MC 134670 (Sub-No. 1 TAL under a continuing contract, or con May 7, 1971. Applicant: CABSUNLIM M otor C arriers o f P r o pe r t y tracts, with the Commonwealth of Ken IT E D , INC., 997 Dana Street, Mounta No. MC 110988 (Sub-No. 267 T A ), filed tucky, Department of Education, Divi View, CA 94040. Applicant’s representa May 7, 1971. Applicant: SCHNEIDER sion of Surplus Property, for 180 days. tive: Sanford H. Sanger (same addr TANK LINES, INC., 200 West Cecil Supporting shipper: Edward L. Palmer, above). Authority sought to opera e Street, Neenah, WT 54956. Applicant’s Director, Commonwealth of Kentucky, a common carrier, by motor venncie, representative: David A. Petersen (same Department of Education, Division of irregular routes, transporting- . address as above). Authority sought to Surplus Property, Frankfort, Ky. 40601. pharmaceuticals, and radioactive ^ operate as a common carrier, by motor Send protests to: Wayne L. Merilatt, Dis caZs in packages, not to exceed 700 p o ^ vehicle, over irregular routes, transport trict Supervisor, Interstate Commerce and restricted against the tra Q ing: Monoisoprophylbiphenyl, liquid, in Commission, Bureau of Operations, 426 tion of packages or articles wmghng the aggregate, more than 2,00 P on bulk, in tank vehicles, from the plantsite Post Office Building, Louisville, KY of . Dixie Chemical Co., at or near B ay- from one consignor to one consjgimed*. 40202. town, Tex., to the plantsite of National any one day, between pomts i A1 Colusa, Contra Costa, Lake, ** Cash Register Co. in Dayton, Ohio, and No. MC 128866 (Sub-No. 22 T A ), filed Mendocino, Monterey, Napa, Portage, Wis., for 180 days. Supporting May 7, 1971. Applicant: B & B TRUCK mento, San Benito, S an Francisco, S* shipper: The National Cash Register Co., ING, INC., Post Office Box 128, 9 Brady FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 NOTICES 9173 Joaquin, San Mateo, Santa Clara, Santa Interstate Commerce Commission, Bu No. MC 135553 (Sub-No. 1 TA), filed Cruz, Solano, Sonoma, Stanislaus, Sutter, reau of Operations, 2519 Federal Office May 7, 1971. Applicant: ANDERSEN, and Yolo Counties, Calif., restricted to Building, 700 West Capitol, Little Rock, INC., 1618 College Avenue, Fredericks the transportation of traffic having a A K 72201. burg, VA 22401. Applicant’s representa prior or subsequent movement by air, for No. MC 135404 (Sub-No. 2 T A ), filed tive: William Henry Andersen (same 180 days. Supporting shipper: Domestic May 7, 1971. Applicant: McBRIDE address as above). Authority sought to Air Express, Inc., 335 Valencia Street, TRANSPORTATION, INC., Main Street, operate as a contract carrier, by motor San Francisco, CA 94103. Send protests Post Office Box 430, Goshen, N Y 10924. vehicle, over irregular routes, transport to: Claud W . Reeves, District Supervisor, Applicant’s representative: Martin W er ing: (1) Frozen bacon, in vehicles Bureau of Operations, Interstate Com ner, 2 West 45th Street, New York, NY equipped with mechanical refrigeration, merce Commission, 450 Golden Gate from the plant site of W hite Packing Co. Avenue, Box 36004, San Francisco, C A 10036. Authority sought to operate as a common carrier, by motor vehicle, over located at or near Dogue, Va., to Canton, 94102. irregular routes, transporting: (1) Empty Ohio, and Detroit, Mich.; and (2) fresh No. MC 134922 (Sub-No. 8 T A ), filed containers, container ends and acces and frozen pork bellies, in vehicles May 7,1971. Applicant: B. J. M cA D A M S, sories, materials, and supplies used in equipped with mechanical refrigeration, INC., Route 6, Box 15, North Little Rock, connection with the manufacture and the from Detroit, Mich., and Sandusky, Ohio, AK 72118. Authority sought to operate as distribution thereof, from the town of to the plantsite of White Packing Co., a common carrier, by motor vehicle, over Wallkill, Orange County, N.Y., to Pater located at or near Dogue, Va., for 180 irregular routes, transporting: Milk food son, N.J., and (2) Returned, refused, and days. Supporting shipper: White Pack products, liquid and powdered, from rejected merchandise of the same de ing Co., 2011 Eighth Street, North Bergen, Mitchell, S. Dak., to Seattle, Wash., M il- scription, pallets, shrouds, separators, NJ 07047. Send protests to: Robert W. waukie and Portland, Oreg., Salt Lake and frames, from Paterson, N.J., to the Waldron, District Supervisor, Interstate City, Utah, Butte, Mont., Denver, Colo., town of Wallkill, Orange County, N.Y., Commerce Commission, Bureau of Op Los Angeles, San Francisco, and Oakland, for 180 days. Supporting shipper: Reyn Calif., Phoenix, Ariz., Oklahoma City, olds Aluminum, Reynolds Metals Co., erations, 10-502 Federal Building, Rich Okla., Little Rock, Ark., and El Paso, San mond, V A 23240. Richmond, Va. 23261. Send protests to: Antonio, Houston, and Fort Worth, Texif By the Commission. for 180 days. Supporting shipper: Ross Charles F. Jacobs, District Supervisor, Laboratories, Division of Abbott Labora Bureau of Operations, Interstate Com tSEALl R obert L. Oswald, tories, Columbus, Ohio. Send protests to: merce Commission, 518 Federal Building, Secretary. District Supervisor, William H. Land, Jr., Albany, N Y 12207. [FR Doc.71-7043 Filed 5-19-71;8:48 am] FEDERAL REGISTER, V O L 36, NO. 98— THURSDAY, MAY 20, 1971 9174 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. Page 3 CFR Page 9 CFR page 15 CFR P roclamations : 76______- ______8362, 8363, 370 . £— ...... - 8367 371 ______— _____ 8367, 8932 4049 ______- ____ — 8289 8507, 8659, 8660, 8861, 8930, 8931 372— _____ ——- ______8368 4050 ______8551 97______8238, 8861 373 ______...... 8369 4051 ____ 8553 331______—______- 9002-9004 374 ______8370, 8776, 8932 4052 ______8657 P roposed R u l e s : 376______8370, 8932 4053 ______8859 145______— ______- ______9104 379______8371, 8776 147______9104 E x e c u t iv e O rd er s: 399______8776 2295 (revoked by P L O 5052) — 8807 10480 (see EO 11594)______8995 10 CFR 16 CFR 8861 11592 ______8555 50-______2______9008 11593 ______8921 P roposed R u l e s 3______9008 11594-______8995 2 __.______8379 4__— ______9009 P residential D o c u m e n t s O th er 140— _____ 8454 13______— 8292, 8665 T h a n P roclamations and E x 424______8777 e c u t iv e O r d er s: 12 CFR 17 CFR Memorandum of April 30, 1______8723, 9065 ____ 8933 1971______— ______8721 201______8441 201______545______1______8507, 8724 230 ______— ____ 8935 703______:______8508 231 ______8238 ____ 8935 5 CFR P roposed R u l e s : 240 ______241 ______8238 213______—— _____ 8235, 8501, 8723 545______9077 249______8239 307______— ______8773 555______9077 270-______8729 747— _____ 8591 7 CFR 271______8729, 9130 19 ____ — ______8433 13 CFR P roposed R u l e s : 270— ______8319,9134 51 _ 8502, 9061, 9125121______•— _____ 8660 52______- ______8557 274______8319, 8525, 9134 319-______- ______9061 P roposed R u l e s : 354______8235 121— ______— 9144 18 CFR 724______8291, 8503 14 CFR 101______8240 751______8505 104______8240 39______8209, 811______8773 141— ______8240 8306, 8307, 8509, 8862, 9005-9007 845— ____ 9061 201______8240 47— ______- ______8661 905______9129 204______8240 49_____ —— ______8661 907— — ______8291 260— ______8240 71______8209, 8666 908 ______8361, 8441, 8774, 9129 601______8210, 8307, 8308, 8363-8365, 8509, 909 ______8671, 8997 615______8563 910 ____ 8236, 8291, 8558, 8925, 9061 8510, 8662, 8775, 8863, 8864, 9065- 9067 P roposed R u l e s : 911______— ______8236 8739 917 ______- 8671 73______8210, 8510, 9067 640______918 __ — _____ 8876 75______— 8210, 8308 928______8925 95— 1______- 8308 19 CFR 97______8663, 9007 — 1015______- ______8361 l ______8666 1421— 8291, 8362, 8559, 8930, 8997, 9001 105______8775 12______8667 249______8724 ____ 8365 1430______8237 16— ______—- 287______8311 9009, 9010 P roposed R u l e s : 153— ______302______8560 — - 8731 730______- ______8261 174______310______- ______8562 814— ______i______— - 9071 P roposed R u l e s : 378______8725 8312 911______8520, 9071 10______378a______8728 9071 915______8522 22...... - 917______8735 P roposed R u l e s : 929______8453 1______— ______8383 2 0 CFR 953______8956 21— ______8383 8936 966______8262, 8677 23______- 8383, 8398 1 ______8936 980______8262, 8677 25______8383 2 ______8366 1030______9025 27______8383 404______1036— ______8524, 8880, 8957 29______8383 P roposed R u l e s : 8960 1125______8678 33______8383 405______8524 1136______8376 39______8695, 8696, 9026 602______1207______- ______8588 71— ______— ______8263, 8316-8319, 8405, 8524, 8525, 8591, 21 CFR 8 C F R 8696, 8697, 8880, 8963, 9026, 9027, 8939 9075, 9076, 9143 3______- _ 9010 103— ______9001 73______- ______9076 25______8242 204— !_a ______— 8294 75______8264, 8406, 9076 132______8732 214______8660 75-______8264, 8406 135c______8781 234______J______8294 93______9029 135e...... — 8781 238______8294 121______8813 135g...... 8242 248— ______!______9001 139— ______8880 148b______8243 299______8295, 8505, 9002 239______— — ______8739 149y______8243,8441 499______8505 241...... ___...... 9030 420______— FEDERAL REGISTER 9175 Page 21 CFR— Continued 3 2 CFR Page 4 2 CFR Page Proposed R u l e s : 591 ______8943 37------8869 592 ______Ch. I ------___ 8738 8947 P roposed R u l e s : 121______9025 593 ______8947 72— ------__ 8815 420------8455 594 ______8947 597 ______8948 22 CFR 598 ______8948 4 3 CFR 51— ----- 9068 599 ______8948 P u b l ic L an d O r d e r s: 600 ______8948 2721 (revoked in part by PLO 23 CFR 602______8948 5050)------8450 i.______8243 606______8948 5024 (corrected by P L O 5051) _ 8450 812______8258 5029 (corrected by P L O 5049) _ 8450 24 CFR 1001...... 8258 5032 (corrected by P L O 5057) _ 8950 1007______1------1— 8784 8259 5049------* ------8450 1030______7___ ;—------8942 8259 5050 ------8450 41 - 87853 2 A CFR 5051 ------8450 42 _ 8785 5052 ------8807 213______8211 Ch. V I I : 5053__------___------8949 220------8211 T-2 (amended) 8672 5054 ------8949 221------_ ~ 8211 Ch. V III______9136 5055 ------8949 231 ------8212 P roposed R u l e s : 5056 - 8950 232 ______8212 Ch. V I______9072, 9073 5057 ------8950 234 ------_------8212 Ch. X ______8587 5058__— ------9022 235 ------______:______8212 5059 ------9135 242______8212 3 3 CFR 5060 - 9136 810______8212 5061.------9136 l ______8732 ______:______P roposed R u l e s : 1000 8 2 1 2 3______8211 1100------8212 40______1810------8956 Ch. m ------8213 9135 62______9021 1914:...... 8233, 8565, 8877 74______9021 4 5 CFR 1915------8234, 8366, 8566, 8878, 8942 207______8866 119------8950 roposed u les P R ; P roposed R u l e s : 140------8952 1913. 8453 110______8962 P roposed R u l e s : 117______8382 25 CFR 116------8316 132------8316 41------8366 3 5 CFR 903------____------8816 Proposed R u les: 9021 906------8525 1201------8698 161. 8520 3 6 CFR 221. 8677 326______8442 4 6 CFR 26 CFR P roposed R u l e s : 309______8511 7______542______l___ 8585 8259 9010, 9018 50______8813 P roposed R u l e s : 13.. .. _____ 9010 31.. . 503______9020 8460 170.. 3 7 CFR 510______8460 — _ 8668 201.. . . l ______8732 543______8460 ______8568 202 245.. _____ 8798 ______8868 252.. ------8568 4 7 CFR 301..... m i” ' ____ 9020 3 8 CFR 0 ------8450, 8733, 8871 3______Proposed R ules 8445 31------___------8374 21______9021 1...... — 8585, 8808, 9024, 9138, 9142 33------8374 64------8450, 8733 3 9 CFR 29 CFR 73------8451 74— ------.------8871 5.. 3______8673 8949 5______101.. 8673 P roposed R u l e s : 9132 124______102...... 8372 Ö132 1 ------8382 197 P roposed R u l e s : 9134 2 ------8591 1518. Ch. I___L___ 8311 8879 15------8963 1601. 73 ------8382, 8455, 8456, 8591, 8699 1950___ 9068 41 CFR 8864 74 ------8382, 8457, 8591 Proposed Ru les- 5A-1______8953 727____ 5A-16______8953 4 9 CFR ------8960 5A-73______8374 1903. 8376, 8591, 8813 5B-12______8510 1 ------8733 i904___H i l l ' ______8693 8-16______8953 7------8873 25------9178 30 CFR 15-1______8447 101-20______8295 173------9068 ^ oposed Ru les: 101-26______8295 177------9068 195------8296 75...... 101-38______8869 8453 230------9069 101-45______8567 391 ------8452 31 CFR 101-47______9021 392 - 8452 115-1______8568 io.:. 571------8296, 8298, 8734, 9069 ‘ 8671 P roposed R u l e s : 500...... 1033------8306, 8673, 8674, 8952 8584 3-1...... ___ 8814 1047------9023 9176 FEDERAL REGISTER 49 CFR—Continued Page 4 9 CFR—Continued Page 50 CFR— Continued Pa&e 1104______- 9022 P roposed R ules— Continued 250______8874 1124______—— ------8211 1115______8740 266______8675 1202______9070 1123______—— ______— 8327 277-— — ------8675 280______8515 1208______- 9070 5 0 CFR P roposed R u l e s : P roposed R u l e s : , 17______8675 10______— ...... 8677 173______1...... 8329 28______- ______8734 80— ______8261 179______32 8329______8942 258______9074 Ch. X — ______8599, 8889 33 _ 8807 260______8688 LIST OF FEDERAL REGISTER PAGES AND DATES— MAY Pages Date 8203-8281.______M ay 1 8283-8354______4 8355-8426______5 8427-8494__* ______6 8495-8543------7 8545-8649______8 8651-8716______11 8717-8765______- 12 8767-8851______13 8853-8914______14 8915-8988______15 8989-9054______18 9055-9119______19 9121-9191______20 THURSDAY, MAY 20, 1971 WASHINGTON, D.C. Volume 36 ■ Number 98 PART II DEPARTMENT OF TRANSPORTATION Relocation Assistance and Land Acquisition under Federal and Federally- Assisted Programs 9178 RULES AND REGULATIONS mentation of the part by the operating Subpart A— Genera! administrations of the Department, and Sec. Title 49— TRANSPORTATION authorizes each operating administration 25.1 Purpose and policy. Subtitle A— Office of the Secretary of of the Department to publish separate 25.3 Definitions. Transportation regulations consistent with Part 25 and 25.5 Applicability. the Act. Section 25.11, which prescribes 25.7 Delegations of authority. 25.9 Regulations. [OST Docket No. 29] the qualifications for a “displaced per 25.11 Displaced person; qualifications. PART 25— RELOCATION ASSISTANCE son,” makes it clear that a person who 25.13 Notices of intent to acquire real AND LAND ACQUISITION UNDER moves from real property in response to property. FEDERAL AND FEDERALLY ASSISTED certain official actions looking to its ac 25.15 Comparable replacement dwelling; quisition may qualify as a “displaced requirements. PROGRAMS person” even though he moves before the 25.17 Decent, safe, and sanitary dwelling; requirements. This amendment adds a new Part 25 to actual acquisition takes place. Subpart B prescribes the determina 25.19 Decent, safe, and sanitary rental the Regulations of the Office of the Sec sleeping rooms; requirements. retary of Transportation to implement tions required to be made by operating 25.21 Appeals. the “Uniform Relocation Assistance and administrations of the Department con 25.23 Records. Real Property Acquisition Policies Act cerning relocation assistance and land Subpart B— Requirements for Federal Projects of 1970” and applies to the Office of the acquisition activities with respect to Secretary and each of the operating ad Federal projects which they carry out. 25.31 Scope. ministrations of the Department. Subpart C prescribes requirements ap 25.33 Determinations; displacement of persons. The purpose of the Act is to provide plicable to State agencies carrying out projects receiving Federal financial 25.35 Determinations; acquisition of real uniform and equitable land acquisition property. policies and relocation assistance for dis assistance from the Department or. one 25.37 State agency provides real property placed persons in connection with Fed of its operating administrations. for a Federal project. eral or federally assisted programs. Subpart D describes the relocation Section 213 of the Act authorizes the assistance program and services to be Subpart C— Requirements for Federally Assisted heads of Federal agencies to establish provided by the State agency or operat Projects regulations that are necessary to carry ing administration of the Department 25.51 Scope. out the purpose of the Act and directs actually carrying out a project. 25.53 Preliminary requirements. them to consult together to insure uni Subpart E sets forth amounts and 25.55 Relocation plan required. form implementation and administration limitations for moving expense payments 25.57 Assurances required; displacement of to persons displaced by Federal or feder persons. of the Act. 25.59 Assurances required; acquisition of ally assisted projects. Pursuant to section 213 of the Act and real prbperty. a memorandum from the President to Subpart F provides for payment of 25.61 Required information concerning all agency heads, dated January 4, 1971, moving expenses on the basis of a fixed State agency policy and procedure. interim guidelines for the issuance of schedule in lieu of payments computed 25.63 Use of Federal financial assistance. regulations were developed by an inter under Subpart E at the option of the 25.65 Federal share of costs. displaced persons concerned. agency task force in conjunction with Subpart D— Relocation Assistance Advisory Subpart G sets forth the eligibility the Office of Managem ent and Budget. Programs The guidelines call for all Federal agen requirements and limitations applicable cies within the executive branch to 25.71 Scope. to relocation housing payments to per 25.73 Extension of services to adjacent promptly issue interim regulations and sons displaced bÿ Federal or federally occupants. to .prepare final regulations to become assisted projects. 25.75 Relocation programs; general re effective not later than December 31, quirements. 1971. Part 25 is being adopted in accord Subpart H authorizes operating ad 25.77 Organizational requirements. ance with those requirements. ministrations of the Department and 25.79 Local relocation office. Because of the large number of quali State agencies to carry out required re 25.81 Coordination with other agencies. fied persons awaiting payments and location assistance activities through 25.83 Public information; general. services under this part, additional de other agencies. 25.85 Public information; hearings. 25.87 Public information; brochure. lays attendant to notice and public Subpart I sets forth the requirements procedures would not serve the public 25.89 Public information; announcements. and limitations applicable to the acquisi interest. I therefore find that good cause 25.91 Public information; notices. exists for making this part effective in tion of real property in connection with 25.93 Information for displaced persons. less than 30 days. a Federal or federally assisted project. Subpart E— Moving and Related Expenses At the same time, the Department in Appendix A describes the records to be vites all interested persons who desire to kept by operating administrations of the 25.111 Pe- ’ 'ibility not dependent on leng submit written comments or suggestions Department and State agencies with re 25.113 in connection with this part to submit f occupancy. spect to their relocation activities under rment limited to one move, e them in duplicate to the Docket Clerk, 25.115 Office of General Counsel, Department the part. eption. leligibility notice to rental occu- of Transportation, 400 Seventh Street In consideration of the foregoing, 25.117 effective on June 1, 1971, Subtitle A of ants required, SW., Washington, DC 20590, by Octo ving expenses; application ber 31, 1971. Consideration will be given 25.119 Title 49, Code of Federal Regulations ayment. to such submissions with a view to possi is amended by adding a new Part 25, fusions. . ble amendments. Copies of the submis 25.121 “Relocation Assistance and Land Acqui ving expenses; individuals sions will be available for examination 25.123 sition Under Federal and Federally amilies. -orm by interested persons in Room 10100, ving expenses; business and farm Nassif Building, 400 Seventh Street SW., Assisted Programs.” 25.125 perations. , Washington, DC, upon their receipt. Issued in Washington, D.C., on May 13, 25.127 ving expenses; advertising Part 25 is composed of nine subparts. 1971. Subpart A sets forth the policy of the JOHN' A. VOLPE, 25.129 v value, high bulk property, W * Department, defines terms used in the tesses and farm operations. part, provides for administrative imple Secretary of Transportation; FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 RULES AND REGULATIONS 9179 Sec. Sec. timber, for sale or home use and custom 25.131 Actual direct losses; businesses and 25.261 Expenses incidental to transfer of farm operations. title. arily producing those products or com 25.133 Expenses in searching for replace 25.263 Litigation expenses. modities in sufficient quantity to be ca ment business or farm operation. pable of providing at least one-third of Appendix A—Records. the operator’s income, however, in in Subpart F— Fixed Allowance In Lieu of Moving A u t h o r it y : The provisions of this Part stances where such operation is obvi and Related Expenses 25 issued under sec. 213, 84 Stat. 1900, unless ously a farm operation it need not con 25.151 Scope. otherwise noted. tribute one-third to the operation’s in 25.153 Schedule of moving expense allow come for him to be eligible for reloca ances; individuals and families. Subpart A— General tion payments. 25.155 Dislocation and moving expense § 25.1 Purpose and policy. allowances; individuals and “Federal agency” means a department, families. (a) This part implements the Uniform agency or instrumentality in the Execu 25.157 Fixed allowance; businesses. Relocation Assistance and Land Acquisi tive Branch of Government (except the 25.159 Fixed allowance; farm operation. tion Policies Act of 1970 which provides National Capital Housing Authority), 25.161 Computing average annual net in for the uniform and equitable treatment any wholly owned Government corpora come; businesses and farm of persons displaced from their homes, tion (except the District of Columbia operations. businesses, or farms by Federal and fed Redevelopment Land Agency), and the Subpart G— Replacement Housing Payments erally assisted programs and establishes Architect of the Capitol, the Federal Re 25.171 Scope. uniform and equitable land acquisition serve Banks and branches thereof. 25.173 Purchase of a decent, safe, and sani policies for Federal and federally as “Federal financial assistance” means tary dwelling. sisted programs. a grant, loan, or contribution by the 25.175 Occupancy. (b) In implementing the Act, it is the United States, other than a Federal guar 25.177 Inspection of replacement dwelling policy of the Department of Transpor antee or insurance or an annual pay required. tation to deal consistently and fairly with 25.179 Application and payment. ment or capital loan to the District of all persons whose property is taken for 25.181 Eligibility. Columbia. 25.183 Replacement housing payment; pur public projects and all persons who are “Federally assisted” means assisted by chase price. displaced from their homes, businesses,, -a grant, loan or contribution by the 25.185 Replacement housing payments; or farms. United States, other than a Federal guar rent and down payments. § 25.3 Definitions. antee or insurance or an annual pay 25.187 Rules for considering land values. As used in this part— ment or capital loan to the District of 25.189 Limitations; payment for purchase Columbia. price. “Agency concerned” means the op “Homeowner” means an individual or 25.191 Reasonable cost of comparable re erating administration within the De family who owns a dwelling. placement dwelling. partment of Transportation or the State 25.193 Owner retention. “Initiation of negotiations” means the agency responsible for carrying out the 25.195 Increased interest costs. date the agency concerned makes its project concerned, or the Office of the 25.197 Incidental expenses. first personal contact with the owner Secretary of Transportation in the case 25.199 Computation of rental payments; of real property, or his representative, of a project being carried out by that tenants. to discuss price of the property to be office. 25.201 Computation of rental payments; acquired. homeowners. “Appropriate DOT official” means an “Mortgage” means a lien commonly 25.203 Determining reasonable monthly official of the Department of Transpor given to secure an advance on, or the rent. tation _ to whom the Secretary of Trans 25.205 Rental payments; method of pay unpaid purchase price of, real property ment. portation has delegated authority to under the laws of the State in which real Computation of down payments. carry out this part and includes any property is located, together with any 25.209 Down payments. person to whom that official has redele credit instruments secured thereby. gated that authority. 25.211 Provisional payment pending con “Own” means holding any of the fol demnation. “Business” means a lawful activity, 25.213 Combined payments. lowing interests in a dwelling or a con other than a farm operation, conducted tract to purchase one of those interests: •215 Partial use of home for business or primarily— 9 farm operation. (1) A fee title. (1) For the purchase, Sale, lease, or 5.217 Multiple occupants of a single (2 ) A life estate. dwelling. rental of personal and real property, and (3) A 99-year lease. 25 219 Multifamily dwelling. the manufacture, processing or market (4) A lease with at least 50 years to • 1 Certificate of eligibility pending ing of products, commodities, or other run from the date of acquisition of the purchase of replacement dwelling. personal property; property. Subport H— Relocation Assistance Functions (2) For the sale of services to the pub lic; or (5) An interest in a cooperative hous Carried Out Through Other Agencies ing project which includes the right to 5.231 Authority to carry out relocation (3) By a nonprofit organization. occupy a dwelling. assistance through other agencies. “Dwelling” includes a single-family 25.233 “Person” includes a partnership, com Information to be furnished to DOT. house, a single-family unit in a multi pany, corporation, or association as well 25.235 Interagency agreement required. 25.237 family building, a unit of a condominium as an individual. Amendment of existing agreements or cooperative housing project, a mobile “State” means any of the several required. home, or any other residential unit. States of the United States, the District Subpart I— Acquisition of Real Property “Economic rent” means the amount of of Columbia, the Commonwealth of 25.251 Scope. rent a tenant or homeowner would have Puerto Rico, a territory or possession of •253 Real property acquisition practices. to pay for a dwelling similar to the ac the United States, the trust territories of Statement of just compensation to quired dwelling in a comparable area on owner. the private market. the Pacific Islands, or a political sub 57 Equal interest in improvements to “Farm operation” means a lawful ac division of any of those jurisdictions. 25 be acquired- tivity conducted solely or primarily for “State agency” means a department, Payments to tenants for improve the production of one or more agricul public body, agency or instrumentality of ments. tural products or commodities, including a State or of a political subdivision of a FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9180 RULES AND REGULATIONS State, or any department, agency or in (c) Regulations issued under this sec tion of negotiations for that property or strumentality of two or more States or tion are effective only after approval by the issuance of a notice of intent to ac of two or more political subdivisions of a the Assistant Secretary for Environment quire that property by a given date, as State or States, the National Capital ■'and U rban Systems and publication in the case may be, does not qualify as a Housing Authority and the District of the F ederal R e g ist e r . displaced person for the purposes of this Columbia Redevelopment Land Agency. (d) This section applies to each part. “Tenant” means an individual or fam amendment of regulations issued under § 25.13 Notices o f intent to acquire real ily who rents, or is temporarily in lawful this section. property. possession of a dwelling, including a (e) Regulations issued under this sec sleeping room. tion shall be revised, as necessary, to The agency concerned may not issue conform to any amendments that may written notices of intent to acquire real § 25.5 Applicability. be made to this part. property by a definite date until— This part applies to projects which are (a) The beginning of any project part of a Federal or federally assisted § 25.11 Displaced person; qualifica phase which will cause the displacement tions. program administered by the Depart of persons who are to receive the written ment of Transportation and which, after (a) Subject to the requirements of notices; and January 1, 1971, cause the displacement paragraphs (c), (d), and (e) of this (b) The appropriate DOT official has of persons or the acquisition of real prop section, a person qualifies as a displaced approved the issuance of the written erty, including acquisition by a State person for the purposes of this part if notices. agency without Federal financial assist after January 1, 1971, he moves from § 25.15 Comparable replacement dwell ance. real property, or moves his personal ing ; requirements. property from real property, on which § 25.7 Delegations o f authority. he resides or conducts a business or farm A dwelling is a comparable replace (a ) Except as provided in § 25.153, the operation, and the move is a direct result ment dwelling for the purposes of this functions, powers, and duties of the Sec of— part if it is— retary of Transportation with respect to (1) The initiation of negotiations for (a) Decent, safe, and sanitary; the “Uniform Relocation Assistance and the real property; (b) Functionally equivalent and sub Real Property Acquisition Policies Act of (2) A written notice from the agency stantially the same as the dwelling being 1970” are delegated to— concerned of its intent to acquire the acquired with respect to— (1) The Assistant Secretary for Ad real property by a definite date; or (1) Number of rooms; ministration with respect to programs (3) A written order from the agency (2) Area of living space; administered directly by the Office of the concerned to vacate the real property; (3) Age; and Secretary; and (4) State of repair; for a project undertaken by the Depart (2) The head of each of the following (c) In an area not generally less de operating administrations with respect ment of Transportation or a State agency sirable than the dwelling being acquired to programs administered by their re receiving Federal financial assistance with respect to— spective organizations: from the Department. (1) Public utilities; and (i) U.S. Coast Guard. (b) A person may qualify as a dis (2) Public and commercial facilities; (ii) Federal Aviation Administration. placed person, regardless of— (d ) Reasonably accessible to the place (iii) Federal Highway Administration. (1) Whether the property is acquired of employment of the head of the dis (iv) Federal Railroad Administration. by a Federal or State agency; placed fam ily or the displaced individual, (v) Urban Mass Transportation Ad (2) The method of acquisition; as the case may be; ministration. (3) The name or status of the person (e) Adequate to accommodate the dis who acquires or holds fee title to the (vi) National Highway Traffic Safety placed family or individual; property; or Administration. (f) In an equal or better neighbor (4) Whether Federal funds contribute (vii) St. Lawrence Seaway Develop hood; directly to the payment for the property, (g) Available on the market; and ment Corporation. if the property must be acquired for a (h ) W ithin the financial means of the (b ) Each officer to whom authority is Federal or federally assisted program or displaced family or individual. delegated by paragraph (a) of this sec project, and .the end result is to serve tion may redelegate and authorize suc or be considered to serve in the public § 25.17 Decent, safe, and sanitary dwell cessive redelegations of that authority interest. ing; requirements. within the organization under his juris (c) A person does not qualify as a dis (a ) A dwelling is decent, safe, an^,^n" diction. placed person under paragraph (a) (1) itary for the purposes of this part if it— or (2) of this section until— (1) the State or local § 25.9 Regulations. Meets applicable (1) The agency concerned becomes building, plumbing, electrical, housing, (a ) Each officer to whom authority is entitled to possession of the real prop and occupancy codes or similar ordi delegated by § 25.7 may prepare, and erty under an agreement or a court nances or regulations for existing struc submit to the Assistant Secretary for order in a condemnation proceeding for Environment and Urban Systems for tures; acquiring the property; (2) Has a continuing and adequate approval, regulations that— (2) The owner conveys title to the real supply of potable safe water; (1) Implement the requirements of property to the agency concerned; or (3) Has a kitchen or an area set aside the “Uniform Relocation Assistance and (3) The owner and the agency con for kitchen use which contains a sinx Real Property Acquisition Policies Act of cerned enter into a contract for the pur good working condition and corJnejf(.t1 1970” (84 Stat. 1894) and this part; and chase of the real property, but only if to hot and cold water, and properly con the real property is not to be reoccupied (2) Prescribe additional procedures nected to a sewage disposal system, and requirements that are appropriate to before the agency is to acquire title or the right to possession. (4) Has a stove and refrigerator m the particular programs administered by good operating condition, if require! , the preparing officer’s organization and (d) A person, other than the former local code, ordinance, or custom o r _ are not inconsistent with the Act or this owner or tenant, who enters into rental so required, utility service connection part. occupancy of real property after its and adequate space for these ms (b) After the Assistant Secretary for ownership passes to the agency con tions in the kitchen or area set aside w Environment and Urban Systems ap cerned, does not qualify as a displaced kitchen use; proves the regulations, the preparing person for the purposes of this part. (5) Except in a geograp^cal are officer shall submit them to the F ederal (e) A person who enters into occu where it is not normally included R egister for publication. pancy of real property after the initia housing, has an adequate heating y FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 RULES AND REGULATIONS 9181 in good working order capable of main nances or regulations for existing struc (1) Each appellant applicant has the taining a minimum temperature of 70° tures; opportunity for oral presentation; p. in the living area (not including the (2) Except in a geographical area (2) Each appeal will be decided bedrooms) under local outdoor design where it is not normally included in new promptly; temperature conditions; housing, has an adequate heating system (3) Each appeal decision will include (6) Has a bathroom, well lighted and in good working order which "will m ain a statement of the reasons upon which it ventilated and affording privacy to a tain a minimum temperature of 70° F. is based; person within it, containing a lavatory under local outdoor design temperature (4) The agency retains all documents and a bathtub or shower stall, properly conditions; associated with each appeal ; and connected to an adequate supply of hot (3) Has an electrical wiring system; (5) Each appellant applicant has a and cold running water, and a flush (4) Is structurally sound, clean, right of final appeal to the head of the toilet, all in good working order and weathertight, and in good repair and agency concerned. adequately maintained; properly connected to a sewage disposal § 25.23 Records. system; (5) Has a safe, unobstructed means of (7) Has an electrical wiring system egress leading to a safe open space at Each agency concerned shall main in each room; ground level and, in the case of a room tain relocation records in accordance (8) Is structurally sound, clean, weath- ing house, access from each sleeping with the requirements of Appendix A ertight, and in good repair and ade room directly or through a common cor and make them available during regu quately maintained; ridor to a means of egress to a safe ppen lar business hours of inspection by ap (9) Has a safe, unobstructed means of space at ground level and, in the case of propriate D O T officials. The records shall egress leading to a safe open space at a rooming house of more than two stories, be retained by the agency for at least ground level and, in the case of a multi at least two means of egress from the 3 years after completion of a project. dwelling building, access from each common corridor on each story ; (6) Is reasonably convenient to com Subpart B— Requirements for Federal dwelling unit directly or through a com Projects mon corridor to a means of egress to a munity services such as stores and public safe open space at ground level and, in transportation; § 25.31 Scope. the case of a multidwelling building of (7) Has at least 100 square feet of This subpart prescribes requirements more than two stories, at least two means habitable floor space for the first occu governing the administration of real of egress from the common corridor on pant and 50 square feet of habitable floor property acquisition and relocation as each story; x space for each additional occupant; and sistance for displaced persons for proj (10) Has sleeping, living, cooking, and (8) Has use of a bathroom, well ects which are part of a Federal program dining floor space (exclusive of such en lighted and ventilated and affording pri administered by the Department of closed spaces as closets, pantries, bath or vacy to a person within it, including a Transportation. toilet rooms, service rooms, connecting door that can be locked if the facilities corridors, laundries, unfurnished attics, are separate from the sleeping room, § 25.33 Determinations ; displacement foyers, storage spaces* cellars, utility containing a lavatory and a bathtub or of persons. rooms (or similar spaces)) which— shower stall, properly connected to an (a) No DOT official may approve a (i) Measures at least. 150 square feet adequate supply of hot and cold running Federal project to which this part ap for the first occupant and 100 square water, and a flush toilet, all in good plies which will result in the displace feet (70 square feet in the case of a working order and properly connected to ment of any person until he determines mobile home) for each additional a sewage disposal system. that/“ occupant; (9) - Open to all persons regardless of (1) Fair and reasonable relocation (11) Is subdivided into adequately ven race, color, religion, sex, or national payments will be provided to displaced tilated rooms sufficient to accommodate origin and consistent with the require persons as required by Subparts E, F, the occupants; ments of title V III of the Civil Rights Act and G of this part; (11) Is reasonably convenient to of 1968. (2) Relocation assistance programs community services including schools, (b) If the applicable local housing offering the services described in Sub stores, and public transportation; and code does not meet all the requirements part D of this part will be provided for (12) Open to all persons regardless of paragraph (a) of this section but is displaced persons; of race, color, religion, sex, or national reasonably comparable, the agency pro ongin and consistent with the require (3) The public was or will be ade viding relocation assistance may submit ments of title V H I of the Civil Rights quately informed of the relocation pay Act of 1968. a copy of the local code :o the appropriate ments and services which will be avail DOT official for approval as acceptable (b) If the applicable local housing able under Subparts D, E, F, and G of standards for decent, safe and sanitary code does not conform to all the re this part; and housing. quirements of paragraph (a) of this sec (4) Comparable replacement dwellings tion but is reasonably comparable, the (c) In case of extreme hardship or will be available, or provided if neces “gency providing relocation assistance other similar extenuating circumstances sary, within a reasonable period of time *oay submit a copy of the local code to involving a displaced individual or fam before any person is displaced. tne appropriate D O T official for approval ily, the agency concerned may, with the (b) No DOT official may proceed with as acceptable standards for decent, safe, concurrence of the appropriate DOT of any phase of a Federal project if that ana sanitary housing, ficial, waive any requirement of para phase will cause the displacement of any graph (a ) (1) —(8) of this section. nth ^ .case ° f extreme hardship or person until he determines that— (1) Based on a current survey and inwff extenuating circumstances § 25.21 Appeals. lvtK 8 a ^Placed individual or fami- analysis of available replacement hous „ e agency concerned may, with the (a) An applicant for a payment under ing and in consideration of competing occurrence of the appropriate D O T offl this part who is aggrieved by an agency’s demands for that housing, comparable ine ’ MNlve any requirement of paragraph determination as to the applicant’s eligi replacement dwellings will be available w ( D - ( l l ) of this section. bility for payment or the amount of the within a reasonable period of time prior payment may appeal that determination to displacement; and • § 25.19 Decent, safe, and sanitary r in accordance with the procedures estab 8 eepmg rooms; requirements. (2) Adequate provisions have been lished by the agency concerned under made to provide orderly, timely, and effi sJ p > r,AJ en^a} keeping room is d© paragraph (b ) of this section. cient relocation or displaced individuals (b) Each agency concerned shall thk’nan?mis part if•san^ it__ ary l ° r the purpose and families to decent, safe, and sanitary establish procedures for reviewing ap housing available to persons without re cai l!,i^eets the applicable State o: peals by aggrieved applicants for pay gard to race, color, religion, or national Z ne’ P ek in g, electrical, h ments under this part. The procedures origin with minimum hardship to those a occupancy codes or similar < shall insure that— affected. FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9182 RULES AND REGULATIONS § 25.35 Determinations; acquisition o f placed. This inventory may be based (2) The State agency relocation pro real property. upon a representative sampling process gram is realistic and is adequate to No D O T official may approve a Federal rather than a complete occupancy provide orderly, timely, and efficient project to which this part applies and survey. relocation of displaced individuals and which will result in the acquisition of (b) An estimated inventory of cur families to decent, safe, and sanitary real property until he determines that rently available comparable replacement housing available to persons without re adequate provisions have been made to— dwellings. The inventory shall set forth gard to race, color, religion, or national (1) Fully comply with the require for each dwelling the type of house origin with minimum hardship to those ments of Subpart I, of this part; and or building, state of repair, num affected. (2) Inform the public of the acquisi ber of rooms, type of neighborhood, (c) Until July 1, 1972, the require tion policies, requirements, and payments proximity of public transportation, ments of paragraphs (a) and (b) of this which will apply to the project. schools, and commercial shopping areas, section are applicable to a State agency and distance to any pertinent social insti only to the extent that agency is able § 25.37 Slate agency provides real prop tutions, such as religious and community to comply with those paragraphs under erty for a Federal project. facilities. State law. However, no DOT official may (a) Whenever a State agency is obli (c) An analysis of the information re authorize construction for a federally gated to provide the necessary real prop quired by paragraphs (a) and (b) of assisted project which will result in the erty incident to a Federal project, no this section which— displacement of any person unless ade DOT official may accept that real prop (1) Discusses relocation problems and quate replacement housing is available, erty until he determines that the State possible solutions; or provided if necessary. agency has carried out all the require (2) Provides an analysis of Federal, (d) If a State agency maintains that ments of this subpart. However, until State, and community programs cur it is legally unable to provide the as July 1, 1972, this section is applicable rently in operation in the project area surances required by paragraphs (a) and to a State agency only to the extent that which will affect the availability of (b ) of this section, it shall give the ap agency is able to meet the requirements housing; propriate D O T official a statement speci of this subpart under State law. (3) Provides detailed information on fying any provisions of the relocation (b) The cost to a State agency of pro concurrent displacement and relocation assistance assurances required by this viding the payments and services re* by other governmental agencies or pri section which it is unable to provide in quired by this subpart shall be paid in the vate concerns; whole or in part under the laws of that same manner and to the same extent (4) Describes the methods to be used State, and an opinion of its chief legal as the cost of the real property acquired to relocate displaced persons; and official discussing the issues involved and for the project. However, until July 1, (5) Explains the amount of lead time citing legal authorities in support of the 1972, the Department of Transportation necessary to carry out a timely, orderly, conclusions for each representation of will pay a State agency the full amount and humane relocation program. legal inability to provide any part of the of the first $25,000 of the cost of provid §25.57 Assurances required; displace required assurances. ing payments and services for any dis ment of persons. § 25.59 Assurances required; acquisition placed person. (a) Except as provided in paragraph of real property. Subpart C— Requirements for (c) of this section, no D O T official may (a ) No D O T official may approve a Federally Assisted Projects approve a grant, contract, or agreement grant, contract, or agreement for a Fed for a federally assisted project to which erally assisted project to which this part § 25.51 Scope. this part applies and which will result in applies and which will result in the This subpart prescribes requirements the displacement of any person until the acquisition of real property until the governing the administration of real head of the State agency provides that head of the State agency concerned pro property acquisition and relocation as official with satisfactory written assur vides the appropriate DOT official with sistance for displaced persons for proj ance that— satisfactory assurances that it will— ects which are part of a federally assisted (1) It will provide fair and reasonable (1) Fully comply with the require relocation payments to displaced persons program administered by the Department ments of Subpart I of this part; and of Transportation. as required by Subparts, E, F, and G of (2) Adequately inform the public of this part; § 25.53 Preliminary requirements. the acquisition policies, requirements, (2) It will provide relocation assist and payments which will apply to the (a) Before a State agency begins a ance programs for displaced persons project. federally assisted project to which this offering the services described in Sub part applies, it shall make preliminary part D of this part; However, until July 1, 1972, the require ments of this paragraph are applicable investigations to determine— (3) It will adequately inform the pub to a State agency only to the extent that (1) The approximate number of in lic of the relocation payments and serv agency is able to comply with this para- dividuals, families, businesses, and farm ices which will be available under Sub graph under State law. operations that will be displaced; and parts D, E, F, and G of this part; and (2) The probable availability of com (b ) I f a State agency maintains that (4) Comparable replacement dwell parable replacement dwellings. it is legally unable to provide the assur ings will be available, or provided if (b) Before it holds any public hear ances required by paragraph (a) of_mjj> necessary, within a reasonable period of ings concerning the project, the State section, it shall give the appropriate DO i time before any person is displaced. agency shall submit to the appropriate official a statement specifying any pro DOT official a statement of the basis for (b) Except as provided in paragraph visions of the relocation assistance as the findings required by paragraph (a) (c) of this section, no D O T official may surances required by this section whic of this section and a statement of the dis authorize a State agency to proceed with it is unable to provide in whole o rin Pa“ ’ placement problems involved at each any phase of a project if that phase will under the laws of that State, and identifiable location, along with possible cause the displacement of any person opinion of its chief legal official discus solutions. until that official receives satisfactory, sing the issues involved and citing leg written assurance from the head of the authorities in support of the conclusion § 25.55 Relocation plan required. State agency that— for each representation of legal mab No DOT official may authorize a State (1) Based on a current survey andto provide any part of the requir agency to proceed with any phase of a analysis of available replacement hous o cciifonPAC federally assisted project to which this ing and in consideration of competing j 25.61 Required information concern- part applies until the State agency has demands for that housing, comparable ing State agency policy and p submitted a relocation plan to him for replacement dwellings will be available approval. The plan shall include: within a reasonable period of time prior dure. (a) An inventory of the characterto displacement, equal in number to the (a) Before beginning istics and needs of persons to be dis displaced persons who require them; and >hase which will cause the displaceme FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 RULES AND REGULATIONS 9183 of any person, the State agency shall payments, the time limits and methods (c) If Federal financial assistance is submit the following information to the of applying for payments, and the eligi by loan, the Department of Transporta appropriate D O T official: bility requirements. tion will loan a State agency the full (1) A functional description of the (9) A description of the incidental amount of the first $25,000 of the cost of office in the State agency which has transfer expenses that are payable. A providing the payments and services responsibility for implementing reloca copy of a typical closing statement indi described in this part for any displaced tion programs and the name of the cating those payments shall be appended. person because of any acquisition or dis individual in charge o f that office. (10) A description of the appeal pro placement occurring before July 1, 1972. (d) If Federal financial assistance is (2) The estimated number and job cedures that are available to displaced authorized for relocation payments made titles of personnel having responsibilities persons. by a State agency under a law enacted for providing relocation payments and (11) A copy of all forms developed to before January 2, 1971, those funds may services in the central office and in any carry out the relocation program shall continue to be used for those payments field offices showing to whom they re be appended. on a pro rata basis in accordance with port and their relationship to the central (c) In the case of a project phase which began before June 1, 1971, and that law until July 1,1972. office. will cause the displacement of any person (3) Job classifications, descriptions, Subpart D— Relocation Assistance after July 31, 1971, the State agency and qualifications for all relocation as shall submit the information and state Advisory Programs sistance supervisory and field personnel. ment required by paragraphs (a) and (b) (b) Before beginning any project § 25.71 Scope. of this section to the appropriate DOT phase which will cause the displacement official not later than July 31, 1971. This subpart prescribes requirements of any person, the State agency shall for relocation assistance advisory pro submit to the appropriate D O T official § 25.63 Use o f Federal financial assist grams for persons displaced by projects a complete statement explaining the pro ance. which are part of a Federal or federally cedures it will follow in furnishing re (a) Federal financial assistance may assisted program administered by the location services and making payments. not be used for relocation and acquisi Department of Transportation. The statement shall include: tion costs unless— § 25.73 Extension of services to adjacent (1) The citation and effective date (1) The federally assisted project con occupants. of any applicable law. cerned has been approved and authorized Each agency concerned shall provide (2) A declaration of understanding to proceed; the relocation assistance advisory serv that the Uniform Relocation Assistance (2) The relocation and acquisition ices described in this subpart to all dis and Real Property Acquisition Policies costs are lawfully incurred; and placed persons. The agency may also (3) The project agreement has been Act of 1970 is applicable to federally offer those services to any person occupy executed for the particular project assisted projects including those projects ing property immediately adjacent to the on which real property acquisition is involved. real property being acquired who, in the financed by State money, but where (b) The type of interest acquired in agency’s opinion, will suffer substantial real property does not affect the eligi Federal financial assistance will be used economic injury. in construction. bility of related relocation costs for Fed (3) A description of the extent to eral financial assistance provided the § 25.75 Relocation programs; general which relocation assistance offices, in interest is sufficient to cause displace requirements. cluding project or field offices, will be ment. Each agency concerned shall carry used, their office hours, the type of lists, (c) Federal financial assistance may out a relocation assistance advisory pro maps, and other information to be m ain not be used to pay a relocated person for gram. The program shall provide for— tained, and the measure of accessibility any loss that is due to his negligence. (a) Explaining to displaced persons to displaced persons. (d) Federal financial assistance may the relocation assistance and payments not be used for any payment under this (4) A description of when and by that are available; part to a displaced person if that person whom personal contacts with displaced (b) Assisting displaced persons to persons will be made. receives a separate payment which is— complete applications required for pay (1) Required by the State law of ments; (5) A description of the personnel, eminent domain; tuning, methods, and procedures to be (c) Determining the needs of dis (2) Determined by the appropriate used in advance of real property negotia placed persons for relocation assistance; D O T official to have substantially the tions to determine— (d) Informing displaced persons as to same purpose and effect .as a payment the availability and costs of comparable Ü) An inventory of comparable re under this part; and placement dwellings; replacement dwelling^ and comparable (ii) The approximate number of dis (3) Otherwise included as a project locations for displaced businesses and placed persons: cost for which Federal financial assist farm operations; Oil) The needs of displacéd persons ance is available. (e) Assisting each displaced person for available housing; and § 25.65 Federal share of costs. to obtain and move to a comparable (iv) A relocation plan for the project. replacement dwelling; (a) The cost to a State agency of pro (f) Informing displaced persons as to (6) A description of procedures to be viding the payments and services re Federal and State housing programs; J»ed to provide public information quired by this part, shall be included as and trough brochures, public hearings, part of the cost of the federally assisted (g) Providing counsel and advice to ewspapers, radio, television, and other project and, except as provided in para displaced persons that will minimize the eans of available assistance and pay- graphs (b) and (c) of this section, the hardships associated with adjusting to ents to displaced persons. A copy of State agency is eligible for Federal fi a new location. ochures shall be appended. nancial assistance with respect to those (7) a description of the moving ex- costs in the same manner and to the § 25.77 Organizational requirements. _ Se Payments to which displaced per- same extent as other project costs. The organization and procedures of Dlns entitled and the methods em~ (b) If Federal financial assistance is the agency concerned for carrying out a pntifi ln determining the amount of by grant or contribution, the Depart relocation assistance advisory program wv, Jllemenk Schedules shall be appended ment of Transportation will pay a State shall include provisions for: *here applicable. agency the full amount of the first (a) Assigning at least one person bp fr»n A description of the procedures to $25,000 of the cost of providing the pay whose primary responsibility .is to pro inc' U0Wed in making replacement hous- ments and services described in this part vide relocation assistance for one or te Payments to homeowners and for any displaced person because of any more projects. jo- J8} Indicating who is responsible acquisition or displacement occurring (b) Establishing a local relocatipn determining replacement housing before July 1 ,1972. office for each project where the agency FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9184 RULES AND REGULATIONS determines that the volume of work or and operators, and home building con cation services, payments, and where the the needs of the displaced persons so tractors. brochure describing the relocation pro require. § 25.85 Public information; general. gram can be obtained, unless the appro (c) Maintaining and providing the priate D O T official finds that public an following information for each project: (a) To insure public awareness of its nouncements are not necessary because (1) Lists of replacement dwellings relocation assistance advisory program, only a small number of persons will be available to persons without regard to the agency concerned shall provide an displaced. Public announcements shall be race, color, religion, or national origin opportunity for presentation of informa made over any type of mass media that drawn from various sources, suitable in tion and discussion of relocation services is familiar to persons who will be dis price, size, and condition for displaced and payments at public hearings, pre placed by the project, such as local news persons. pare a relocation brochure, and give full papers, radio, television, or posted (2) Current information as to secu and adequate public notice of the re advertisements. rity deposits, closing costs, typical down location program for each project to §25.91 Public information; notices. payments, interest rates, and terms for which this part applies. residential real property in the area. (b) In areas where a language other Within 15 days after approval to begin (3) Maps showing the location of than English is predominant, public in any phase of a project which will cause schools, parks, playgrounds, shopping, formation shall be published in the pre the displacement of any person, the and public transportation routes in the dominant language as well as in English, agency concerned shall post notices of area. unless the appropriate DOT official finds acquisition in adequate numbers and in (4) Schedules and costs of public that publication in a language other than places accessible to occupants of dwell transportation in the area. English is unnecessary. ings to be taken for the project. In addi (5) Copies of the agency’s brochure § 25.85 Public information; hearings. tion, an adequate number of advertise explaining its relocation program, local ments shall be rim in newspapers nor The information to be presented at a ordinances pertaining to housing, build mally read by occupants of dwellings to public hearing shall include— ing codes, open housing, consumer edu be taken. The posted notices and news (a) Eligibility requirements, payment cation literature on housing, shelter paper advertisements shall— procedures, and limitations for moving costs, and family budgeting. (a) State the date approval was given expenses and replacement housing; (6) Subscriptions for apartment di for that phase of the project; (b) A description of the expenses in rectory i services, neighborhood and (b ) Define the area of the project; cidental to transfer of property that will metropolitan newspapers, and where (c) Advise occupants of the area of be paid; available, multiple listing services. the eligibility requirements for receiving (c) Appeal procedures; moving and replacement housing pay § 25.79 Local relocation office. (d) A description of how relocation ments; assistance and services will be provided; (a ) A determination of whether or not (d ) Advise occupants to notify the (e) The address and telephone num to establish a local relocation office shall agency before moving to insure eligibil ber of the local office of the State agency be made whenever any phase of a proj ity for moving ,and replacement housing and the name of the relocation officer in ect causes the displacement of any per payments; charge; son and submitted to the appropriate Ce) Advise homeowners that to be (f) The identity, local address, and D O T official for approval. eligible for relocation benefits they must telephone number of any other cooperat (b ) The office shall be established at sell to the agency; and ing agency; a place reasonably convenient to public (f) State where the brochure describ (g) An estimate of the number of in transportation or within walking dis ing the relocation program may be dividuals or families, businesses, and tance of the project and shall be open obtained. during hours (including evening hours farm operations to be relocated; when necessary) convenient to the per (h) The estimated number of dwelling § 25.93 Information for displaced per* units presently available to meet the re sons being displaced. sons. placement housing needs; and (c) In the employment of persons in (a ) The agency concerned shall the local relocation office, consideration (i) An estimate of the time necessary deliver to each displaced person either should be given to those who are familiar for relocation and the number of com in person or by certified mail, return with the problems of the area. parable replacement dwellings that will receipt requested— become available during that period. (1) A brochure explaining the reloca § 25.81 Coordination with other agencies. The extent of the presentation should tion assistance advisory program; and (a) Each agency concerned shall co depend on the comprehensiveness of the (2) I f it is not included to the bro ordinate its relocation assistance activ brochure. If the brochure covers a par chure, a notice stating the eligibility re ities with the local officials of the ticular item in detail, it is sufficient to quirements for payments for replace Federal Housing Administration and merely highlight what the brochure con ment housing and moving expenses. Veterans Administration responsible for tains. If a particular item is not appli (b) In addition to the information making properties acquired by those cable to the project, it is not necessary furnished under paragraph (a) of tius agencies available for direct sale to per to discuss the item in detail. section, the agency concerned shall de sons to be relocated as a result of govern liver to each displaced homeowner o §25.87 Public information; brochure. mental action. tenant, either in person or by ce™ne action. The agency concerned shall prepare a mail, return receipt requested, a written (b) The person assigned by the agency brochure which fully describes its re statement setting forth the optional typ to provide relocation assistance for a par location assistance advisory program, in and the actual amount of replaceme ticular project shall maintain personal cluding information on payments for re housing payments to which they contact and exchange information with placement housing and moving expenses. mtitled. welfare agencies, urban renewal agen The brochure shall be distributed free of (c) The information required by para- cies, redevelopment authorities, public charge at all public hearings and given rraphs (a ) and (b ) of this section s housing authorities, the Federal Housing to any displaced person upon reqùest. >e furnished— Administration, the Veterans Adminis The brochure shall state where copies (1) To homeowners not later than t tration, the Small Business Administra of any regulations implementing the re nitiation of negotiations for the P tion and other agencies providing services location assistance program may be :rty or the issuance of a written no to displaced persons. He shall also collect obtained. and maintain information on private re ntent to acquire the property by a placement properties in the area of the § 25.89 Public information; announce rite date, as the case may be; and ments. project through personal contact with (2) To tenants within 7 days after real estate brokers, real estate boards, The agency concerned shall provide nitiation of negotiations for th P ^ property managers, apartment owners brief public announcements of the relo >rty or the issuance of a written n FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 RULES AND REGULATIONS 9185 intent to acquire the property by a defi (d) If a displaced person, his mover, (iii) Unless otherwise required by law, nite date, as the case may be. and the agency concerned agree by pre it is not a real property improvement to (d) The agency concerned shall notify arrangement in writing, the displaced the location site. each displaced person of his right o f ap person may submit an unpaid bill for (b) A displaced individual or family peal under § 25.21. moving expenses for direct payment. is entitled to be reimbursed for uninsur- (e) If the agency concerned contracts able loss or damage of their personal Subpart E— Moving and Related with independent movers on a schedule property while in the process of moving, Expenses basis and provides a displaced person if the loss or damage was not a result of §25.111 Scope. with a list of movers he may choose from their fault or negligence. to move his personal property, payment T h is subpart prescribes the require § 25.125 Moving expenses; businesses shall be made directly to the mover. and farm operations. ments governing the payment of moving (f) In the case of a self-move by a and related expenses of persons displaced displaced person who conducts a busi (a) Except as provided in § 25.121, a by projects which are part of a Federal ness or farm operation the amount of displaced person who conducts a business or federally assisted program adm in payment for actual reasonable moving or farm operation which is discontinued istered by the Department of Trans expenses is negotiable but may not be or relocated is entitled to actual reason portation. more than the lower of two firm bids able expenses, for— § 25.113 Eligibility not dependent on or estimates received by the agency (1) Transporting his personal prop length of occupancy. concerned. erty from the displacement site to a re placement site, but not more than 50 A displaced person’s eligibility for § 25.121 Exclusions. miles, unless, in the case of relocation, payment of moving and related expenses A displaced person is not entitled to the agency concerned finds that the busi is not affected by the length of time that ness or farm operation cannot be re he occupied the real property from which be paid for— (a) Additional expenses incurred be located within that distance; he is displaced. cause of living in a new location; • (2) Packing, crating, and, if the §25.115 Payment limited to one move; (b) Cost of moving structures or other agency concerned finds it necessary, exception. improvements to real property which storing his personal property for not (a) Except as provided by paragraph are reserved by the displaced person; more than 6 months; (b) of this section, payment of a dis (c) Improvements to the replacement (3) If the agency concerned finds it placed person’s moving and related ex site, except when required by law ; necessary, advertising for packing, crat penses may not be made for more than (d) Interest on loans to cover moving ing, storing, or transporting his personal one move in connection with a particular expenses; property; project. (e) Loss of good will; (4) Insuring against loss or damage of (b) If the appropriate D O T officiai (f) Loss of profits; his personal property while in storage considers it to be in the public interest (g) Loss of trained employees; or transit; he may authorize payment of a displaced (h) Personal injury; , (5) Removing and reinstalling ma person’s moving and related expenses for (i) Cost of preparing the application chinery and equipfnent including recon additional moves. for moving and related expenses; or necting utilities, if— (j) Modification of personal property (i) It is not acquired by the agency §25.117 Noneligibility notice to rental to adapt it to replacement site, except concerned as real property; occupants required. when required by law. (ii) The displaced person agrees in If an agency rents out real property ac writing that the machinery or equipment § 25.123 Moving expenses; individuals quired in connection with a project to is personal property and releases the and families. which this part applies, it shall notify the agency concerned from paying it; and tenant and state in the rental agree (a ) Except as provided in §25.121, a (iii) Unless otherwise required by law, ment that the tenant will not be eligible displaced individual or family is entitled it is not a real property improvement to for payment of displacement, moving, to actual reasonable expenses for— the location site ; and and related expenses under this subpart. (1) Transporting themselves and their (6) Searching for a replacement busi §25.119 Moving expenses; application personal property from the displacement ness or farm operation, to the extent and payment. site to a replacement site, but not more those expenses meet the requirements of than 50 miles unless the agency con § 25.133. (a) Upon application by a displaced cerned finds that the individual or fam (b) A displaced person who conducts Person for payment of moving and re ily cannot relocate within that distance; a business or farm operation which is lated expenses, the agency concerned discontinued or relocated is entitled to shall— (2) Packing, crating, and, if the the actual direct losses of personal prop agency concerned finds it necessary, (1) Pay those expenses in accordance erty resulting from the discontinuation with this subpart; or storing their personal property for not or move, to the extent those losses meet . (2) if the applicant elects to receive more than 6 months; the requirements of § 25.131. it. pay him a fixed allowance in accord (3) If the agency concerned finds it (c) A displaced person who conducts a ance with Subpart F of this part. necessary, advertising for packing, crat business or farm operation which is re (b) The application shall be in writing ing, storing, or transporting their per located is entitled to be reimbursed for and filed with the agency concerned uninsurable loss or damage of his per sonal property; within 1 year after the date of acquisi sonal property while in the process of tion of the dwelling by the agency or the (4) Insuring against loss or damage of moving, if the loss or damage is not the date the applicant vacated the dwelling, their personal property while in storage result of his fault or negligence. whichever is later. The application shall or transit; and include an itemization of the expenses § 25.127 Moving expenses; advertising (5) Removing and reinstalling a involved and, except as provided in para businesses. graphs (d) and (e) of this section, shall household appliance, including recon A displaced person who conducts a ne supported by receipts and such other necting utilities, if— lawful activity primarily for assisting in vidence as the agency concerned may (i) It is not acquired by the agency the purchase, sale, resale, manufacture, require. concerned as real property; processing, or marketing of products, ìmm # A displaced person may not be (ii) The individual or family agrees in commodities, personal property, or serv of tvf°r m(>ving expenses in advance writing that the appliance is personal ices by the erection and maintenance of pa» e actual move unless the agency ncemed finds that a hardship would property and releases the agency con outdoor advertising displays, whether or otherwise result. cerned from paying for it; and not the displays are located on the FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 No. 98—Pt. II----- 2 9186 RULES AND REGULATIONS premises on which any of those activities concerned considers justified under the $2,500 or more than $10,000, if that are conducted, is entitled to the moving circumstances, for actual reasonable ex business— expenses described in § 25.125. penses in searching for a replacement (1) Substantially contributes to the § 25.129 Low value, high bulk property; business or farm operation including— income of the displaced person; businesses and farm operations. (1) Cost of travel; (2) Cannot, in the opinion of the (2) Cost for meals and lodging; agency concerned, be relocated without In the case of low value, high bulk (3) An amount for time spent search substantial loss o f existing patronage personal property, such as junk, stock ing, based on the salary or earnings of taking into consideration— piled sand, gravel, minerals, metals, or the displaced person from the business (i) The type of the business; similar items, used in connection with a or farm operation, but not more than $10 (ii) The nature of its clientele; and relocated business or farm operation, per hour; and (iii) The relative importance of the payment for actual reasonable moving (4) If the agency concerned considers displacement and proposed relocation expenses may not be more than the cost it desirable, the cost of a broker or real sites to the business; and of replacing that property at the reloca tor to locate a replacement site. (3) Is not part of a commercial enter tion site less the amount for which it (b) A displaced person who conducts prise having at least one other estab could be sold at the displacement site. an advertising business described in lishment engaged in the same or simi § 25.131 Actual direct losses; businesses § 25.127, is entitled to not more than lar business which is not being acquired and farm operations. $100, or if the agency concerned con by a State agency or the United States. siders it justified under the circum (a) Subject to the requirements and § 25.159 Fixed allowance; farm opera stances not more than $500, for actual limitations in paragraphs (b) through tion. reasonable expenses in searching for a (f ) of this section, a displaced person replacement outdoor advertising display (a ) A displaced person who conducts a who conducts a business or farm opera site. farm operation and elects to receive a tion is entitled to payment for actual fixed allowance in lieu of actual moving direct losses of personal property that Subpart F— Fixed Allowance in Lieu and related expenses is entitled to a fixed is used in connection with the business of Moving and Related Expenses amount equal to the average annual net or farm operation but is— income of the farm operation, computed § 25.151 Scope. (1) No longer needed because the in accordance with § 25.161, but not less business or farm operation is being dis This subpart prescribes the require than $2,500 or more than $10,000. continued; or ments governing payment of dislocation (b) In the case of a partial acquisi (2) Not being moved to a relocation and moving expense allowances to dis tion and displacement of a farm opera site because it is not suitable for use placed persons who are eligible for pay tion, the fixed allowance described in there. ment of their actual moving and related paragraph (a ) o f this section may be (b) If a business or farm operation is expenses under Subpart E of this part, paid only if the agency concerned finds relocated, payment for actual direct but elect to receive a fixed allowance in that—.. losses of personal property may not be lieu thereof. (1) The displaced activity was a farm more than the amount the agency con operation before the acquisition of the cerned determines the reasonable moving § 25.153 Schedule of moving expense allowances; individuals and families. displacement site; and expenses would be for moving that prop (2) The property remaining after erty to the relocation site. The Federal Highway Administrator acquisition is not an economic unit. (c) A displaced person who conducts shall establish and maintain a schedule a business or farm operation shall make of moving expense allowances applicable § 25.161 Computing average annual net a bona fide effort to sell personal prop to individuals and families displaced by income; businesses and farm opera erty he does not move. projects to which this part applies for tions. (d) If a displaced person relocates a each State. The schedule shall cover (a ) For the purposes of this subpart, business or farm operation and sells an every locality in the State and shall be the average annual net income of a busi item of personal property that he does based on current local moving costs. The ness or farm operation is its average not move and promptly replaces it with allowance for any individual or family annual net earnings before Federal, a comparable item, payment for actual may not be more than $300. State, and local income taxes during the 2 tax years immediately preceding direct loss of the original item may not § 25.155 Dislocation and moving ex be more than the replacement cost less pense allowances; individuals and the tax year in which it is displaced. Net its sale price, or the cost of moving the families. earnings include compensation obtained original item, whichever is less. from the business or farm operation by (a) Except as provided in paragraph (e) If a displaced person discontinues its owner, his spouse, or dependents, or (b ) of this section, a displaced individual a business or farm operation and sells an in the case of a corporate owner, by the or family who elects to receive fixed dis item of personal property, payment for holder of a majority of the common actual direct loss of that item may not location and moving expense allowances stock, his spouse, or dependents. be more than the inplace value of the in lieu of payment of actual moving and (b ) For the purpose of determining item less its sale price, or the cost of related expenses is entitled to majority ownership, stock held by an in moving it, whichever is less. il) A dislocation allowance of $200; dividual, his spouse, and his dependents arid (f) If a displaced person who conducts shall be treated as a unit. . , a business or farm operation abandons (2) The applicable moving expense (c) I f the agency concerned finds tnat an item of personal property after mak allowance specified in the schelule of the 2 tax years immediately preceding ing a bona fide effort to sell that prop moving expense allowances maintained displacement are not representative, or i erty, payment for the actual direct loss under § 25.153 for the locality concerned. the business or farm operation has noi of that item may not be more than the (b) Two or more individuals, not a been in operation that long, it inplace value of the item less what its sale family, who occupy the same dwelling, the concurrence of the appropriate du price would have been, or the cost of are considered to be a single family for official, prescribe some other time perV , moving it, whichever is less. the purposes o f this section. for computing average annual net. income. ' § 25.133 Expenses in searching for re § 25.157 Fixed allowance; businesses. (d ) I f a displaced person who conduce placement business or farm opera (a) A displaced person who conducts a business or farm operation elects tion. a business and elects to receive a fixed receive a fixed payment under this su (a) Except as provided in paragraph allowance in lieu of actual moving and part, he shall provide proof of his earn (b ) of this section, a displaced person related expenses is entitled to a fixed ings from the business or farm operation who conducts a business or farm opera amount equal to the average annual net tion is entitled to not more than $500, income of the business, computed in ac to the agency concerned. Proof of earn or such higher amount as the agency cordance with § 25.161, but not less than tags may be established by income FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20 , 1971 RULES AND REGULATIONS 9187 returns, certified financial statements, or (1) If he has purchased or rented, his tenure of ownership includes the other similar evidence. and occupied a decent, safe, and sani tenure of the preceding homeowner. tary dwelling, make the payment Subpart G— Replacement Housing § 25.183 Replacement housing payment; directly to him, or, at his option, to the purchase price. Payments seller or lessor of the decent, safe, and A displaced homeowner who qualifies § 25.171 Scope. sanitary dwelling; or (2) If he has purchased or rented, under § 25.181(a) is entitled to a replace This subpart prescribes the require but not yet occupied a decent, safe, and ment housing payment of not more than ments governing payment for replace sanitary dwelling, upon his request make $15,000. Within that limitation the menthousing for individuals and families the payment into an escrow account. payment shall include the following displaced by projects which are part of (b) The application shall be in writ am ounts; a Federal or federally assisted program ing and filed with the agency concerned (a) If the reasonable cost of a com administered by the Department of within 18 months after the date the parable replacement dwelling is more Transportation. applicant was required to vacate an ac than the acquisition price of the ac § 25.173 Purchase o f a decent, safe, and quired dwelling or 6 months after final quired dwelling, the difference between sanitary dwelling. adjudication of a condemnation pro them. ceeding, whichever is later. (b) If there was a bona fide mortgage A displaced tenant or homeowner which constituted a valid lien on the ac “purchases” a dwelling within the mean § 25.181 Eligibility. quired dwelling for at least 180 days be ing of this subpart when he— (a) A displaced homeowner is eligible fore the initiation of negotiations for (a) Acquires an existing dwelling; for a replacement housing payment the acquired dwelling and if the cost of (b) Rehabilitates a substandard dwell under § 25.183 if he— financing the purchase of a replacement ing which he owns or acquires; (1) Qualifies as a displaced person dwelling includes increased interest (c) Relocates a dwelling which he under § 25.11; costs, an amount to compensate for that owns or acquires; (2) Actually owned and occupied the increase. (d) Relocates and rehabilitates a sub acquired dwelling for at least 180 con (c) An amount necessary to cover in standard dwelling which he owns or secutive days immediately before the cidental expenses on the purchase of a acquires; initiation of negotiations for the prop replacement dwelling, but not including (e) Constructs a new dwelling on a site erty or the issuance of a written notice prepaid expenses. which he owns or acquires; of intent to acquire the property by a § 25.185 Replacement housing pay (f) Contracts to purchase a dwelling definite date, as the case may be; and on a site provided by a builder; or ments ; rent and down payments. (3) Purchases and occupies a decent, (g) Contracts for the construction of safe, and sanitary dwelling within 1 year A displaced homeowner who qualifies a dwelling on a site provided by a builder after the date he receives final payment under § 25.181(b) or a displaced tenant or on a site which he owns or acquires. for the acquired dwelling, or 1 year after who qualifies under § 25.181 (c ), is en § 25.175 Occupancy. the date he is required to move from the titled to a replacement housing payment acquired dwelling, whichever is later. of not more than $4,000. Within that (a) A displaced tenant or homeowner limitation the payment shall be that “occupies” a dwelling within the mean (b) A displaced homeowner is eligible for a replacement housing payment amount necessary for the homeowner or ing of this subpart only if the dwelling tenant to— Is his permanent place of residence. under § 25.185 if he— (1) Qualifies as a displaced person (a) Rent a comparable replacement (b) If a tenant or homeowner con dwelling for a period of not more than tracts for the construction or rehabilita under § 25.11; (2) Actually owned and occupied the 4 years; or tion of a replacement dwelling, and for (b) Make the down payment required reasons not within his control the con acquired dwelling for at least 90 con secutive days immediately before the for a conventional loan and cover the struction or rehabilitation is delayed be incidental expenses on the purchase of yond the date occupancy is required, the initiation of negotiations for the prop a comparable replacement dwelling. agency concerned may extend the pe erty or the issuance of a written notice riod of eligibility for a replacement hous- of intent to acquire the property by a § 25.187 Rules for considering land mg payment until the tenant or home- definite date, as the case may be; and values. (3) Rents or purchases, and occupies owner occupies the replacement dwelling. In determining the amount of a a decent, safe, and sanitary dwelling replacement housing payment under §25.177 Inspecti on of replacement within 1 year after the date he receives § 25.183(a) the following rules apply: dwelling required. final payment for the acquired dwelling, (a) If the dwelling is located on a (a) Before making a replacement or 1 year after the date he is required tract typical for residential use in the housing payment to a displaced home- to move from the acquired dwelling, area, the amount payable is the probable owner or tenant, or releasing a payment whichever is later. selling price of a comparable replacement from escrow, as the case may be, the (c) A displaced tenant is eligible for dwelling on a.tract typical for the area agency concerned shall inspect the re a replacement housing payment under less the value of the acquired property. placement dwelling to determine whether § 25.185 if he— (b) If the dwelling is located on a or not it meets the criteria for decent, (1) Qualifies as a displaced person tract larger than typical for residential safe, and sanitary dwellings. The agency under § 25.11; use in the area, the amount payable is concerned may use the services of any (2) Actually occupied the acquired Public agency ordinarily engaged in dwelling for at least 90 consecutive days the probable selling price of a compara nousing inspection to conduct the in - immediately before the initiation of ne ble replacement dwelling on a tract typi iM°nrequ^re^ b y this section, gotiations for the property or the issu cal for the area less the estimated value lb) a determination by the agency ance of a written notice of intent to of the dwelling assuming it was located concerned that a dwelling meets the acquire the property by a definite date, on a tract typical for the area. ntena for decent, safe, and sanitary as the case may be; and ffl? n g ^ solely for the purpose of this (3) Rents or purchases, and occupies (c) If the dwelling is located on a a« 1a.^ an(* is n°t a representation for a decent, safe, and sanitary dwelling tract that has a use higher and better any other purpose. within 1 year after the date he is re than residential, the amount payable is quired to move from the acquired 25.179 Application and payment. the probable selling price of a compara dwelling. ble replacement dwelling on a tract typi Upon application by a displaced (d) For the purpose of paragraphs cal for residential use in the area less the anii?eowner or tenant who meets the re- ^ e n t s of this subpart for a replace- (a) (2) and (b) (2) of this section, if a estimated value of the dwelling assuming *ent housing payment, the agency homeowner inherits an interest in a it was located on a tract typical for concerned shall— dwelling by devise or operation of law, residential use in the area. FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9188 RULES AND REGULATIONS § 25.189 Limitations; payment for pur of the acquired dwelling and the sum by the displaced tenant for the last 3 chase price. of— months befóre initiation of negotiations (1) The moving and restoration for the acquired dwelling if that rent was (a) The price established as the rea expenses; reasonable, and if not reasonable 48 times sonable cost of a comparable replace (2 ) The cost of correcting decent, safe, the monthly economic rent for the dwell ment dwelling sets the upper limit of and sanitary deficiencies, if any; and ing unit as established by the agency the differential amount payable under (3) The estimated selling price of a concerned. § 25.183(a). To qualify for the full comparable relocation site. (b ) The amount payable to a displaced amount, the homeowner must purchase (b) The amount computed in accord tenant of the agency concerned for rent and occupy a decent, safe, and sanitary ance with paragraph (a) of this section under § 25.185(a) is 48 times the reason dwelling higher in value than the ac is subject to the limitations prescribed in able monthly rent for a comparable re quired dwelling. .. § 25.189. placement dwelling less 48 times the (b) If the homeowner voluntarily pur monthly economic rent. chases and occupies a decent, safe, and § 25.195 Increased interest costs. § 25.201 Computation of rental pay- sanitary dwelling at a price less than the (a) The amount payable for increased ments ; homeowners. reasonable cost established for a com interest costs under § 25.183(b) is— parable replacement dwelling, the (1) The present value of the difference The amount payable to a displaced amount payable under § 25.183 (a) is that in interest costs and other debt service homeowner is 48 times the reasonable amount required to pay the difference costs charged for refinancing an amount monthly rent for a comparable replace between the acquisition price of the ac not more than the balance of the mort ment dwelling less 48 times the monthly quired dwelling and the actual purchase gage on the acquired dwelling at the time economic rent, but not more than the price of the decent, safe, and sanitary of acquisition over a period not more homeowner would receive if he were dwelling. than the remaining term of that mort eligible for a payment under § 25.183. § 25.191 Reasonable cost of comparable gage; or § 25.203 Determining reasonable replacement dwelling. (2) An amount based on a schedule monthly rent. prescribed or approved by the appropri (a) In determining the reasonable ate D O T official and computed in accord In determining the reasonable monthly cost of a comparable replacement dwell ance with this section. rent for a comparable replacement dwell ing available on the private market, the (b) For purposes of computing in ing for the purposes of §§ 25.199 and agency concerned shall use one of the creased interest costs, the following rules 25.20Í, the agency concerned shall use following methods: apply : one of the following methods: (1) It may establish a schedule of (1) The interest charge on the new (a) It may establish a schedule of reasonable acquisition costs for the vari mortgage may not exceed the prevailing monthly rents for each type of dwelling ous types of comparable replacement interest rate currently charged by mort required. The schedule shall be based on dwellings which are available. If more gage lending institutions in the area. an analysis of the available private mar- than one agency is administering a proj (2) The present value of the increased ket. I f more than one agency is adminis ect causing displacements in the area, it interest cost shall be computed at the tering a project causing displacement in shall cooperate with those agencies in prevailing interest rate paid on savings the area, it shall cooperate with those establishing a uniform schedule for the deposits by commercial banks in the area. agencies in establishing a uniform sched area. The schedule must be based on a ule for the area. current analysis of the market to deter § 25.197 Incidental expenses. (b ) It may determine a reasonable rent mine a reasonable cost for each type of (a) The incidental expenses payable by examining the rent of at least three dwelling to be purchased. In large turban under § 25.183(c) or § 25.185(b) is the comparable replacement dwellings avail areas this analysis may be confined to amount necessary to compensate the able on the private market. one area of the city, or may cover sev homeowner or tenant for actual costs in (c) If it finds that the methods de eral different areas if they are com curred incident to the purchase of a scribed in paragraphs (a) and (b)~ of this parable and equally accessible to public decent, safe, and sanitary dwelling, in section are not feasible, it may propose services and places of employment. To as cluding the following: what it considers to be a feasible method sure the greatest comparability of dwell (1) Legal closing costs, including title to the appropriate DOT official for ings in any analysis, the analysis shall be search, preparing conveyance contracts, approval. divided into classifications of the type of notary fees, surveys, preparing drawings § 25.205 Rental payments; method of construction, number of rooms, and price of plots, and charges incident to payment. recordation. ranges. If a rental payment Tinder § 25.185(a) (2) It may determine the reasonable (2) Lender, FH A, or V A appraisal fees. (3) FHA or VA application fee. is more than $500, it shall be nM.de cost of a comparable replacement dwell four equal annual installments. Beiore (4) Certification of structural sound ing by examining the probable selling making an annual payment, the agency ness when required by the lender, FHA, prices of at least three comparable re concerned shall verify that the tena or VA. placement dwellings which are available. still occupies a decent, safe, and sanitary Selection of the dwellings must be made (5) Credit report. dwelling. by a qualified employee of the agency (6 ) Title policies or abstract of title. concerned who is familiar with real (7) Escrow agent’s fee. § 25.207 Computation of down pay- property values and current real estate (8) State révenue stamps or sale or ments. transactions. transfer taxes. The amount payable to a ^placed (3) If it finds that the methods de (b ) A n incidental expense which is part homeowner or tenant forJ01 scribed in subparagraphs (1) and (2) of of a finance charge under the Truth in ment under § 25.185(b) is the full this paragraph are not feasible for de Lending Act, Title I, Public Law 90-321, o f the first $2,000 of the fo u n e d dom termining-the reasonable cost of a com and Regulation “Z” issued thereunder by payment plus one-half of any h0me- parable replacement dwelling, it may the Board of Governors of the Federal required over $2,000. However, th Reserve System, may not be reimbursed. owner or tenant must provide toe propose what it considers to be a feasible nf onn omount, rpmiired over $«> method to the appropriate D O T official § 25.199 Computation of rental pay .209 Down payments. for approval. ments; tenants. displaced homeowner or tenant sj«Ji § 25.193 Owner retention. (a) The amount payable to a displaced tenant, other than a tenant of the agency y the full amount of the :pay* hich he is entitled under § 25. 85^ (a) If a displaced homeowner elects to concerned, for rent under § 25.185(a) is retain and move his dwelling, the 48 times the reasonable monthly rent for le down payment and the in den^ amount payable under § 25.183(a) is the a comparable replacement dwelling, less incps described in tne difference between the acquisition price 48 times the average month’s rent paid FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 RULES AND REGULATIONS 9189 § 25.211 Provisional payment pending which he owns, the replacement housing agency or turned oyer to the agency con condemnation. payment shall be based on the cost of cerned and that they be retained for a a comparable one-family unit in a multi- period of at least 3 years after payment If the exact amount of a replacement family building or a single-family struc of the final voucher on each project, housing payment cannot be determined ture, without regard for the number of regardless of which agency retains them. because of a pending condemnation suit, units in the building being acquired. (c) A requirement that the records re the agency concerned may make a pro quired by § 25.23 be available for inspec visional replacement housing payment § 25.221 Certificate of eligibility pend tion by representatives of the Depart to the displaced homeowner based on the ing purchase of replacement dwell ment of Transportation at any reason agency’s maximum offer for the prop ing. able business hour. erty, but only if the homeowner enters Upon request by a displaced home- (d) If the contract is with a public into an agreement with the agency owner or tenant who has not yet pur agency administering another Federal or that— chased and occupied a comparable re federally assisted program, a description (a) Upon final adjudication of the con placement dwelling, but who is otherwise of the financial responsibilities of each demnation suit the replacement housing eligible for a replacement housing pay program to finance the relocation pro payment will be recomputed on the basis ment under this subpart, the agency gram required by this part. of the acquisition price determined by concerned shall certify to any interested (e) A provision acknowledging that the court; party, financial institution, or lending only those costs directly chargeable to (b) If the acquisition price as deter agency, that the displaced homeowner or the Federal or federally assisted proj mined by the court is greater than the tenant will be eligible for the payment of ect are eligible for Federal funds. agency’s maximum offer upon which the a specific sum if he purchases and oc provisional replacement housing pay cupies a decent, safe, and sanitary dwell (f) The clauses set forth in Appendix ment is based, the difference shall be ing within the time limits prescribed by A of the Civil Rights Assurances and the refunded to the agency; and § 25.181(a) (3), (b) (3), or (c) (3), as the requirements of Part 21 of this subtitle. (c) If the acquisition price as deter case may be. (g) A provision for negotiation of mined by the court is less than the major changes that become necessary in agency’s maximum offer upon which the Subpart H— Relocation Assistance the scope, character, or estimated total provisional replacement housing pay Functions Carried Out Through cost of the work to be performed. ment is based, the difference shall be Other Agencies § 25.237 Amendment of existing agree paid to the homeowner. § 25.231 Authority to carry out reloca ments required. § 25.213 Combined payments. tion assistance through other agencies. Each agreement between an agency (a) If a homeowner is eligible for pay To prevent unnecessary expenses and concerned and another agency for car ment under § 25.183, but has previously duplication of activities, an agency con rying out relocation assistance functions received a rental payment under cerned that is required to provide relo through the other agency that is in effect 125.185(a) , the amount of rental pay cation services or make relocation pay on June 1,1971, shall be amended or sup ment previously received shall be de ments under this part may carry out plemented as necessary to include the ducted from any amount that he receives any of those functions through the fa requirements of § 25.235. The agency under § 25.183. cilities, personnel, and services of any concerned shall furnish the appropriate (b) If a homeowner or tenant is eli Federal, State, or local governmental D O T official with a copy of the amended gible for a down payment under or private agency having an established agreement or the existing agreement and § 25.185(b), but has previously received organization for conducting relocation the supplement, as the case may be. a rental payment under § 25.185(a), the assistance programs. amount of rental payment previously re Subpart I— Acquisition of Real § 25.233 Information to be furnished to Property ceived shall be deducted from the DOT. amount of any down payment that he § 25.251 Scope. receives under § 25.185(b). If an agency concerned elects to pro vide relocation services or make reloca This subpart prescribes requirements § 25.215 Partial use o f home for busi tion payments through another agency, for the acquisition of real property, in a ness or farm operation. the agency shall furnish the appropriate Federal or federally assisted program ad (a) In the case of a displaced home- DOT official with the following informa ministered by the Department of Trans owner or tenant who has allocated part tion concerning the other agency: portation. 0. “ s dwelling for use in connection (a) The name and location of the wh a displaced business or farm opera- agency. § 25.253 Real properly acquisition prac tices. hon, a replacement housing payment (b) An analysis of the agency’s pres ®ay not be paid for that part of the ent workload and of its ability to perform (a) In acquiring real property, each Property which is allocated to the busi- the requirements of this subpart. agency concerned shall to the greatest ne®® or farm operation. (c) The estimated number and the job extent practicable— ■ . ) The eligibility of a person to re- titles of relocation personnel of the (1) M ake every reasonable effort to ac ceive a payment under § 25.125 is not agency that will provide the relocation quire real property expeditiously through affected by this section. assistance for the project. negotiation; 25.217 Multiple occupants o f a single § 25.235 Interagency agreement re (2) Before the initiation of negotia dwelling. quired. tions have the real property appraised and give the owner or his representative If an agency concerned elects to pro riiJri ¥ *wo or more families, or an in - an opportunity to accompany the ap vide relocation services or make reloca riwJir and a family, occupy the same praiser during inspection of the property; e] each,individual or family that tion payments through another agency, (3) Before the initiation of negotia t o ” t0 relocate separately is entitled it shall enter into a written agreement tions, establish an amount which it be Separately computed replacement with that agency. The agreement must be mousing payment. ■ approved by the appropriate D O T official lieves to be just compensation for the real property, and make a prompt offer {aJ If two or more individuals, not a and contain the following: to acquire the property for that amount; shall k ?ccuPy the same dwelling, they (a) An obligation on the part of the Duh;„ treated as a single family in com- other agency to perform the services and (4) Before requiring any owner to sur s a replacement housing payment. make the relocation payments in accord render possession of real property— 5.219 Multifamily dwelling. ance with the Uniform Relocation As (i) Pay the agreed purchase price; sistance and Real Property Acquisition (ii) Deposit with the court, for the who H16 oas® a displaced homeowner Policies Act of 1970, and this part. benefit of the owner, an amount not less familv re9.lared to move from a one- (b) A requirement that the records re than the agency’s approved appraisal of y Unit °f a multifamily building quired by § 25.23 be retained by the other the fair market value of the property; FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 9190 RULES AND REGULATIONS Ciii) O r pay the amount of the award (3) Disregards any decrease or In neering fees, actually incurred because of of compensation in a condemnation pro crease in the fair market value caused the proceeding, if— ceeding for the property; by the project for which the property (1) The final judgment is that the (5) If interest in real property is to is being acquired; and agency concerned cannot acquire the real be acquired by exercise of the power of (4) In the case of separately held property by condemnation; or eminent domain, institute formal con interests In the real property, includes (2) The proceeding is abandoned by demnation proceedings and not inten an apportionment of the total just com the agency concerned. tionally make it necessary for an owner pensation for each of those interests. (b) In any inverse oondemnation pro to institute legal proceedings to prove the (g) The amount of damages to anyceeding where the owner of any right, fact of the taking of his real property; remaining real property. title, or interest in real property receives and an award of compensation by judgment § 25.257 Equal interest in improvements (6) If the acquisition of only part of to be acquired. or settlement, the agency concerned a property would leave its owner with shall reimburse the plaintiff for his rea an uneconomic remnant, offer to acquire In acquiring any interest in real prop sonable costs, disbursements, and ex that remnant. erty each agency concerned shall ac penses, including reasonable attorney, (b) In acquiring real property, to the quire at least an equal interest in all appraisal, and engineering fees, actually greatest extent practicable an agency buildings, structures, or other improve incurred because of the proceeding. ments located on that real property may not— Appendix A— R ecords (1) Schedule the construction or de which will be removed or which will be velopment of a public improvement that adversely affected by the completed proj The foUowing list sets forth relocation information which an agency concerned will require any person lawfully occu ect. shall maintain for each Federal or federally pying real property to move from a dwell § 25.259 Payments to tenants for im assisted project that it administers. ing, or to move his business or farm provements. I. General. The agency concerned shall operation, without giving that person at keep a record of the following general infor least 90 days’ written notice of the date (a) In the case of a building, struc mation concerning the project: he is required to move; ture, or other improvement owned by a (1) Project and parcel identification. (2) If it rents acquired real property tenant on real property acquired for a (2) Name and address of each displaced to the former owner or tenant for short project to which this part applies, the person; his new address and telephone num ber if available. term or subject to termination by the agency concerned shall, subject to para graph (b) of this section, pay the tenant (3) Dates of all personal contacts made agency on short notice, charge rent that with each displaced person. is more than the fair rental value of the the larger of— (4) Date each displaced person is given property to a short-term occupant; (1) The fair market value of the im notice of relocation payments and services. (3) Advance the time of condemna provement, asstiming its removal from (5) Name of agency employee who offers tion; the property; or relocation assistance. (4) Defer negotiations, condemnation, (2) The enhancement to the fair mar (6) Whether the offer of assistance is de ket value of the real property. clined or accepted, and the name of the in or the deposit of funds in court for use dividual who accepts or declines the offer. of the owner; or (b) A payment may not be made to a tenant under paragraph (a) this section (7) Date each displaced person Is required (5) Take any coercive action to com to move. pel an owner to agree to a price for unless— (8) Date of actual relocation, and whether his property. (1) The tenant, in consideration for relocation was accomplished with the as the payment, assigns, transfers, and re sistance of the agency concerned, other § 25.255 , Statement o f just compensa leases to the agency concerned all his agencies, or without assistance. tion to owner. right, title, and interest in the improve (9) Type of tenure held by each displaced person before and after relocation. At the time it makes an offer to pur ment; (2) The owner of the land involved II. Displacements from dwellings; The chase real property, the agency con agency concerned shall keep a record of the cerned shall provide the owner of that disclaims all interest in the improve foUowing information concerning each in property with a written statement of ment; and dividual or family displaced from a dwelling the basis for the amount estimated to (3) The payment is not duplicated by in connection with the project: be just compensation. The statement any payment otherwise authorized by (1) Number in family, or number or shall include the following: law. individuals. (a) An identification of the real prop (2) Type of dweUing. § 25.261 Expenses incidental to transfer (3) Pair market value, or monthly rent. erty and the particular interest being o f title. (4) Number of rooms. acquired. As soon as possible after real property III. Displaced businesses. The agency con (b) A certification, where applicable, has been acquired, the agency concerned cerned shall keep a record of the iofiowme that any separately held interest in the information concerning each business di ■ shall reimburse the owner for— real property is not heing acquired in placed in connection with the project: (a) Recording fees, transfer taxes, whole or in part. (1) Type of business. and similar expenses incidental to con (c) An identification of buildings, (2) Whether or not relocated. veying the real property to the agency; (3) If relocated, distance moved. structures, and other improvements, in (b) Penalty costs for prepayment of (4) Data supporting a determination tna cluding fixtures, removable building any preexisting recorded mortgage en i business cannot be relocated withou equipment, and any trade fixtures which tered into in good faith encumbering the substantial loss of its existing patronage are considered to be part of the real md that it is not part of a commercial en real property; and property for which the offer of just com terprise having at least one other es (c) The pro rata portion of any pre pensation is made. ishment not being acquired by a State ageu r paid real property taxes which are al (d) An identification of any real >r the United States. locable to a period subsequent to the date property improvements, including fix IV. Moving expenses. The agency of vesting title in the agency or the jerned shall keep a record of the followi | tures, not owned by the owner of the effective date of possession of the real Information concerning each payme FEDERAL REGISTER, V O L 36, NO. 98— THURSDAY, MAY 20, 1971 RULES AND REGULATIONS 9191 (3) An account of all moving expenses following information concerning each relo the purchase price, down payment, and in that are supported by receipted bills or simi cation housing payment made in connection cidental expenses. lar evidence of expense; with the project: (5) Whenever a rental payment is made by (4) Amount of reimbursement claimed, (1) The date application for payment is annual installment, a statement confirming amount allowed, and an explanation of any received. that the tenant still occupies a decent, safe, difference. (2) The date application for payment is and sanitary dwelling. (5) In the case of a business or farm oper approved or rejected. (6) A copy of the Truth in Lending State ation that receives a fixed allowance in lieu ment, or other data, including computations, of moving expenses, data underlying the (3) Data substantiating the amount of payment. that confirms the increased interest pay computation of such payment. ment. V. Replacement housing payments. The (4) If replacement housing is purchased, agency concerned shall keep a record of the a copy of the closing statement indicating [FR Doc.71-6959 Filed 5-19-71;8:45 am] FEDERAL REGISTER, VOL. 36, NO. 98— THURSDAY, MAY 20, 1971 know UNITED STATES GOVERNMENT ORGANIZATION your M A N U A L -1970/71 OFFICE OF THE FEDERAL REGISTER National Archives and Records Service General Services Administration UNITED STATES GOVERNMENT ORGANIZATION MANUAL 1 9 7 0 / 7 1 presents essential information about Government agencies (up dated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about the U.S. Govern ment. The United States Government Organization Manual is the official guide to the functions of the Federal Government, published by the Office of the Federal Register, GSA. .00 $3 per copy. Paperbound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402