THURSDAY, JUNE 3, 1971 WASHINGTON, D.C.

Volume 36 ■ Number 107

Pages 10763-10832

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. NAT'L PEACE CORPS WEEK— Presidential proclamation ...... 10769

COTTON— USDA amendment concerning base acreage allotments...... 10772

FLUE-CURED TOBACCO— USDA reinstatement of discount variety provisions for 1972 and sub­ sequent crops...... 10772

BANK HOLDING COMPANIES— FRS amendment, interpretation, and delegation of authority regard­ ing nonbanking acquisitions(4 documents)...... 10777

AIRWORTHINESS DIRECTIVE— FAA rule on Beech 99 series airplanes; effective 6-3-71 ...... 10779

AIRWORTHINESS DIRECTIVE— FAA rule relaxing method of inspection of Cleveland Aircraft Prod­ ucts wheel and brake assembly; effective 6-8-71.. 10780

AIRWORTHINESS DIRECTIVE— FAA rule to per­ mit incorporation of revision to service bulletin; effective 6 -8 -7 1 ...... 10780

AIRWORTHINESS DIRECTIVE— FAA procedure to insure instrument panel security prior to takeoff on DC-9 aircraft...... 10780

AIRWORTHINESS DIRECTIVE— FAA rule requir­ ing repetitive inspection of engine control bracket on Piper PA-23 type airplanes; effective 6 -8 -7 1 .. 10780 (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 B

1 1936 $7 13 1948 $28 25 1960 $49 2 1937 12 14 1949 22 26 1961 44 3 1938 8 15 1950 28 27 1962 46 4 1939 14 16 1951 44 28 1963 50 1 5 1940 14 17 1952 41 29 1964 54 6 1941 21 18 1953 30 30 1965 58 I 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

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r r n r n i f W gifr n r r i C T r n Published dally, Tuesday through Saturday (no publication on Sundays, M°ndays-_°J rtutnALwnLulo 1 tn Archives and Records Service, General Services Administration, Washington, D.C. Arsa Code 202 \ - 1934 » Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 2 , (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Registe , ^ proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Washington, D.C. 20402. «arable 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, pay Qr advance. The charge for individual copies is 20 cents for each issue, o r 20 cents for each group of pages as actually bound. Remit c money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. «ursuant The regulatory material appearing herein is keyed to the Code o p F ederal R eg u latio ns, which is published, under 50 titles, p . . to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op F ederal R egulations is sold by the Supe of Documents. Prices of new books are listed In the first F ederal R egister issue of each month. ations. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code op F ederal R egul HIGHLIGHTS— Continued

FROZEN CHERRY PIE— FDA extension of effec­ UNFAIR PRACTICE— CAB policy regarding “con­ tive date of identity and quality standard to firmed reserved space” by telephone; extension 6-23-71, to permit consideration of responses of comment time to 6 -1 6 -7 1 ...... 10806 to order of 2 -2 3 - 7 1 .....'...... 10781 DOMESTIC SATELLITE PROCEEDING— FCC ex­ MINORITY GROUPS— HUD amendment concern­ tension of time for reply comments to 7 -1 2-7 1.. 10806 ing racial and ethnic data on participants in hous­ ing and urban development programs; effective SHIP RADAR MAINTENANCE— FCC proposal of 6-2-71 ...... 10781 new operator requirements; comments by 7 -1 3 - 71 ...... ;...... 10807 LIMITATION PERIOD— 1RS regulations relating to suspension of period of limitations on certain PRACTICE BEFORE ICC— Proposed ICC addi­ collections after assessm ent...... I..... ;.... 10782 tions to special rules of practice...... 10807

POSTAL MONEY ORDERS— Records of Postal WILDERNESS AREA PROPOSAL— Interior Dept, Service to serve as basis for adjudicating claims announcement of public hearing on Lostwood for payment...... 10783 Wilderness, N. Dak.; hearing on 8 -4 -7 1 ...... 10811

PUBLIC ASSISTANCE— Clarification of HEW reg­ HISTORIC PLACES— National Park Service ad­ ulation on representation of applicants and ditions to National Register...... 10811 recipients by lay advocates; effective 6 -3 -7 1 .... 10783 GRAINS— USDA notice correcting final dates for FLAMMABLE LIQUIDS— DOT hazardous ma­ redemption of 1967-68-69-70 crop loans terials regulations amendment to provide require­ (2 documents)...... 10813 ments for bonding and grounding of tank trucks.. 10784 BUTTER— USDA addition of export offering to CYLINDERS— DOT hazardous materials regula­ monthly sales list...... „...... 10813 tions amendment to increase allowable tensile strength of certain cylinders...... 10785 FOOD STAMPS— USDA announcement concern­ ing relationship between three prior notices and INCOME TAX— IRS proposal relating to treatment a prior proposed rule making action...... 10813 of property transferred in connection with per­ formance of services; comments by 7-6-71...... 10787 FOOD ADDITIVE— FDA notice of petition propos­ ing use of silicon dioxide in animal feed as anti­ caking agent AIRWORTHINESS DIRECTIVE— FAA proposal re­ ...... 10815 quiring repetitive inspections and replacement NEW ANIMAL DRUG— FDA withdrawal of ap­ where necessary of early type nose gear forks proval of veterinary drug Parvex Powder; effective installed on certain Cessna airplanes...... 10801 5-25-71 ...... 10815

AIRCRAFT REGISTRATION— FAA proposal to re­ NEW DRUGS— FDA conclusions on certain drugs, move reservation of one to three symbol aircraft reported on by NAS-NRC, for treatment of am­ identification numbers; comments by 7-5—71 ... 10801 monia intoxication...... 10815

MOTOR CARRIER SAFETY— DOT proposal to DRUGS— FDA confirmation of new-drug status delete permission for use of alternative forms for of certain drugs and updating of labeling require­ drivers’ daily logs; comments by 8 -1 -7 1 ...... 10802 ments after NAS-NRC evaluation...... 10816

CONSUMER COMPLAINTS— CAB proposal on FLAMMABILITY OF MOTOR VEHICLE IN­ uniform reporting of consumer complaint statis­ TERIORS— DOT denial of petition for reconsid­ tics; comments by 7 -6 -7 1 ...... 10803 eration ...... —...... 10817

10765 10766 Contents THE PRESIDENT COAST Gl/ARD FEDERAL COMMUNICATIONS Proposed Rule Making COMMISSION PROCLAMATION Drawbridge operation: Rules and Regulations National Peace Corps Week______10769 Dodge Island, Biscaynje Bay, F l a ...______10800-10801 FM broadcast stations; table of North River, M ass.______10799-10800 assignments, Benton, HI., etc... 10784 EXECUTIVE AGENCIES Oklawaha River, Fla______10800Proposed Rule Making South River, M d______10800 AGRICULTURAL STABILIZATION Establishment of domestic com­ Notices AND CONSERVATION munications-satellite facilities New London Harbor; security by nongovernmental entities; SERVICE zone______10816-10817 extension of tim e.._____10806 FM broadcast stations; table of Rules and Regulations COMMERCE DEPARTMENT assignments, Ellensburg, Wash., Cotton,, upland; base acreage al­ See International Commerce Bu­ etc------10806-10807 lotments for certain crops; his­ reau; National Oceanic and At­ Ship radar stations; clarification tory acreage.__------10772. mospheric Administration. and improvement of servicing Tobacco, flue-cured; 1970-71 and requirements ; ______10807 subsequent marketing years; COMMODITY CREDIT discount variety provisions____ 10772 Notices CORPORATION Newsvision Co. (W F T T ) ; designa­ AGRICULTURE DEPARTMENT Rules and Regulations t io n of application for oral Oats, 1971 crop; loan and pur­ argument______10818 See Agricultural Stabilization and chase program; correction_____ 10777 Conservation Service; Commod­ FEDERAL HIGHWAY ity Credit Corporation; Con­ Notices sumer and Marketing Service; Grains and similarly handled ADMINISTRATION Pood and Nutrition Service. commodities; final date-for re­ Proposed Rule Making demption of warehouse storage Driver’s log use of old forms___ 10802, ATOMIC ENERGY COMMISSION loans made under certain price 10803 support programs; corrections Notices (2 documents)______10813 Babcock & Wilcox Co.; authoriza­ Sales of certain commodities; FEDERAL MARITIME tion of dismantling of facility.. 10817 monthly sales list for fiscal year COMMISSION ending June 30, 1971______10813 Notices CIVIL AERONAUTICS BOARD CONSUMER AND MARKETING Agreements filed: Proposed Rule Making SERVICE Australia/U.S. Atlantic and Gulf Conference ______10819 “Confirmed reserved space’’ by Rules and Regulations telephone as unfair or deceptive Farrell Lines, Inc., and Moore- practice; supplemental notice— 10806 Lemons grown in California and McCormack Lines, Inc______10820 Uniform reporting of consumer Arizona; handling limitation complaint statistics and reten­ t io n ______10773-10774 FEDERAL POWER COMMISSION tion of data______10803-10804 Limes; importation____ a__ 10774-10775 Milk handling in Chattanooga, Notices Notices Tenn., and certain other mar­ Getty Oil Co. et aL; findings and Northeast Airlines, Inc.; investi­ keting areas; suspension of cer­ o rd er______,______10819-10825 gation and suspension regarding tain provisions______10775 National Gas Survey Executive proposed family e x c u r s i o n Oranges, Valencia, grown in Ari­ Advisory Committee; designa­ fa r e s ______10817-10818 zona and California; handling tion of member______10825 limitation______10773 CIVIL SERVICE COMMISSION Potatoes; standards for grades; FEDERAL RESERVE SYSTEM correction______10771 Rules and Regulations Rules and Regulations Excepted service : FEDERAL AVIATION Bank holding companies; non- Department of the Army______10771 ADMINISTRATION banking activities (2 docu­ Department of Defense______10771 Rules and Regulations ments) _____ 1______10777-10778 Department of Housing and U r­ Delegations of authority: Airworthiness directives : Nonbank acquisitions by cer­ ban Development______10771 Beech airplanes______10779-10780 tain one-bank holding com­ Department of the Interior..____ 10771 Cleveland aircraft products____ 10780 panies ______10778-10779 Environmental P r o t e c t i o n DeHavilland aircraft______10780 Nonbank activities commenced Douglas airplanes______10780 A gency______10771 de, novo______10779 Piper aircraft______10-780-10781 Temporary boards and commis­ Federal airways and jet route Notices sions ______;______10771 segments; alteration; amend­ Heartland, Central N.Y. Corp.; ap­ Notices ment of effective date.______10781 Transition area; alteration; cor­ plication for approval of acqui­ Noncareer executive assignments: rection ______10781 sition of shares of banks------10825 Department of Commerce___ _ 10818 Proposed Rule Making Department of Defense (2 docu­ FEDERAL TRADE COMMISSION Airworthiness directive; Cessna ments) ______10818 airplanes------10801 Rules and Regulations Department of Justice______10818 Availability of one to three symbol Fair Packaging and Labeling Act Department of the Navy______10818 aircraft identification num­ regulations; measurement of Department of the Treasury.. 10818 bers ------10801-10802 commodities; correction------10781 Transition area; alteration______10802 CONTENTS 10767 fish a n d w il d l if e s e r v ic e HEALTH, EDUCATION, AND Motor carriers: Alternate route deviation no- Notices WELFARE DEPARTMENT tices (2 documents)____ 10826-10827 Lostwood National Wildlife Ref­ See Food and Drug Administra­ Applications and certain other uge; public hearing regarding tion; Social and Rehabilitation proceedings______10827-10831 wilderness proposal------10811 Service. Transfer proceedings (2 docu­ ments) ______10831 HOUSING AND URBAN food a n d d r u g NATIONAL HIGHWAY TRAFFIC DEVELOPMENT DEPARTMENT ADMINISTRATION SAFETY ADMINISTRATION Rules and Regulations Rules and Regulations Racial and ethnic data; identifica­ Notices Cherry pie, frozen; effective date tion of minority groups___ 10781-10782 Flammability of interior mate­ of identity standard and quality rials; denial of petition for re­ standard------10781 INTERIOR DEPARTMENT consideration ______10817 Notices See also Fish and Wildlife Serv­ NATIONAL OCEANIC AND Drugs for human use; efficacy ice; National Park Service. ATMOSPHERIC study implementation: Notices ADMINISTRATION Certain drugs used for treat­ Thomas C. Lockhart; report of ment of ammonia intoxica- ' appointment and statement of Notices tion ______10815 financial interests______10813 Groundfish fisheries; closure of Meprobamate; correction _ 10815-10816 season______* ______10814 Metyrapone and metyrapone INTERNAL REVENUE SERVICE ditartrate______10816 Rules and Regulations NATIONAL PARK SERVICE J. M. Huber Corp.; food additive petition______10815 Procedure and administration; Notices Upjohn Co.; withdrawal of ap­ suspension of running of period National Register of Historic proval of new animal drug of limitation______10782-10783 Places; additions______10811-10813 application regarding Parvex Proposed Rule Making POST OFFICE DEPARTMENT Powder------10815 Income tax; treatment of property transferred in connection with Rules and Regulations FOOD AND NUTRITION performance of services- 10787-10799 Money orders; cashing of orders._ 10783 SERVICE INTERNATIONAL COMMERCE SOCIAL AND REHABILITATION Notices BUREAU SERVICE Food stamp program; maximum Notices monthly a llo w a b le income Rules and Regulations Bernard Chollet; temporary denial standards and basis of coupon Application, determination of eli­ of export privileges------10814 issuance ______~______10813-10814 gibility, and furnishing of ' assistance; State plan require­ INTERSTATE COMMERCE ments ______10783-10784 HAZARDOUS MATERIALS COMMISSION REGULATIONS BOARD Rules and Regulations TRANSPORTATION DEPARTMENT Rules and Regulations Car service; return of hopper See Coast Guard; Federal Avia­ cars — ______10785-10786 tion Administration; Federal Transportation of hazardous ma­ Highway Administration; Haz­ terials: Proposed Rule Making ardous Materials Regulations Bonding and grounding flam­ Implementation of national en­ Board; National Highway Traf­ mable liquid cargo tanks_____ 10784, vironmental policy; special rules fic Safety Administration. 10785 of practice______10807-10810 Spec. 3HT cylinders; tensile Notices TREASURY DEPARTMENT strength limitation______10785 McKee Lines, Inc., et al.; assign­ See Internal Revenue Service. ment of hearings______10825-10826 10768 CONTENTS List of CFR Parts Affected The following numerical guide is a list of the parts of each fide of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears following fixe Notices section of each issue beginning with fixe second issue of the month. A cumulative guide is published separately at fixe end of each month. The guide lists the parts and sections affected by documents published since January 1, 1971, and specifies how they are affected.

3 CFR 14 CFR 33 CFR 39 (5 documents)______10779-10781 P roclamation: P roposed R ules: 71 (2 documents)______10781 117 (4 documents)______10799-10801 4057______\______10769 75______— ______10781 5 CFR P roposed R ules: 39 CFR 39______— 10801 171______— 10783 213 (6 documents)______10771 47— ______:______10801 71— ______10802 7 CFR 249______10803 45 CFR 371______10803 206______10783 51______10771 399-______10806 722______10772 725______10772 16 CFR 47 CFR 908______10773 500— — ______10781 73______10784 910______10773 P roposed R ules: 944_____ 10774 21 CFR 25______10806 1090______10775 28______10781 73______10806 1098______10775 24 CFR 83______10807 1103 ____ 10775 60_ 10781 49 CFR 1104 ______10775 200 10781 1106______10775 177______10784 1421______;______10777 26 CFR 178— ______10785 301______10782 1033______‘______- 10785 12 CFR P roposed R ules : P roposed R ules: 222 (2 documents)______10777-10778 1______- ____ 10787 395______10802 265 (2 documents)______10778-10779 13...... 10787 1100______10807 Presidential Documents

Title 3—The President PROCLAMATION 4057 National Peace Corps Week By the President of the United States of America A Proclamation

This year marks the tenth anniversary of the Peace Corps, which has sent more than 45,000 volunteers overseas to serve in nearly 70 develop­ ing countries. Few governmental organizations have so inspired and captured the imaginations of Americans both young and old. I therefore take special pleasure in complying with Senate Joint Resolution 29, requesting that the week beginning M ay 30, 1971, and ending June 5, 1971, be desig­ nated as National Peace Corps Week. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate the week of M ay 30 through June 5, 1971, as National Peace Corps Week; and I invite the Governors of the States and appropriate local government officials to issue similar proclamations. IN W ITN E S S W H E R E O F , I have hereunto set my hand this 28th day of May, in the year of our Lord nineteen hundred seventy-one, and of the Independence of the United States of America the one hundred ninety-fifth.

[FR Doc.71-7781 Filed 6-1-71 ;12:32 pm]

FEDERAL REGISTER, V O L 36, NO. 107— THURSDAY, JUNE 3, 1971

10771 Rules and Regulations

(5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR gage Interest Rates is excepted under Title 5— ADMINISTRATIVE 1954-58 Comp., p. 218) Schedule C. U n it e d S tates C iv il S erv­ Effective on publication in the F ed­ eral R eg ister (6-3-71), subparagraph PERSONNEL ic e C o m m is s io n , [ s e a l ] J a m e s C. S p r y , (12) is amended, and subparagraph (30) Chapter I— Civil Service Commission Executive Assistant to is added to paragraph (a) of § 213.3384 as set out below. PART 213— EXCEPTED SERVICE the Commissioners. [FR Doc.71-7644 Filed 6-2-71 ;8:45 am] § 213.3384 Department of Housing aAd Temporary Boards and Commissions Urban Development. Effective on June 30, 1971, paragraph (a) Office of the Secretary. * * * (e) of § 213.3199 having expired by its PART 213— EXCEPTED SERVICE (12) Three Special Assistants to the own terms is revoked, reflecting termina­ Department of the Interior Secretary. tion of the White House Conference on * * * * * Section 213.3312 is amended to remove Children and YOUTH. (30) One Staff Assistant to the Spe­ the position of Commissioner, Federal (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 cial Assistant to the Secretary for Mort­ Water Pollution Control Administration CFR 1954-58 Comp., p. 218) gage Interest Rates. from the Department of Interior’s listing U n it e d S tates C i v i l S erv­ of Schedule C positions. * * * * * ic e C o m m is s io n , Effective on publication in the F ederal (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 [ seal] Jam es C. S p r y , R egister (6-3-71), paragraph (n) of CFR 1954-58 Comp., p. 218) Executive Assistant to § 213.3312 is revoked. U n it e d S tates C i v i l S er v­ the Commissioners. (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR ic e C o m m is s io n , [FR Doc.71-7648 Piled 6-2-71;8:45 am] 1954-58 Comp., p. 218) [ s e a l ] J am es C. S p r y , Executive Assistant to U n it e d S t ates C i v il S erv­ the Commissioners. PART 213— EXCEPTED SERVICE ic e C o m m is s io n , [ s e a l ] J a m e s C. S p r y , [FR Doc.71-7646 Filed 6-2-71;8:45 am ] Department of Defense Executive Assistant to the Commissioners. Section 213.3306 is amended to show that one position of Confidential Assist­ [FR Doc.71-7647 Filed 6-2-71:8:45 am] Title 7— AGRICULTURE ant to the Deputy Director of Defense Chapter I— Consumer and Marketing Research and Engineering (Test and PART 213— EXCEPTED SERVICE Evaluation) is excepted under Schedule Service (Standards, Inspections, C. Environmental Protection Agency Marketing Practices), Department Effective on publication in the F ederal of Agriculture Register (6-3-71), subparagraph (40) Section 213.3318 is amended to show is added to paragraph (a) of § 213.3306 that the position of Commissioner, Water PART 51— FRESH FRUITS, VEGE­ as set out below. Quality Office, is excepted under Sched­ TABLES AND OTHER PRODUCTS ule C. (INSPECTION, CERTIFICATION AND § 213.3306 Department of Defense. Effective on publication in the F ed­ (a) Office of the Secretary. * * * eral R eg ister (6-3-71), paragraph (q) STANDARDS) (40) One Confidential Assistant to the is added to § 213.3318 as set out below. Subpart— U.S. Standards for Grades Deputy Director of Defense Research and § 213.3318 Environmental Protection of Potatoes Engineering (Test and Evaluation). Agency. ***** ***** U.S. E xtra N o. 1; C o r r e c t io n (S U.S.C. secs. 3301, 3302, E.O. 10577; 3 (q) Commissioner, Water Quality Office. In F.R. Doc. 70-15938 appearing in CFR 1954-58 Comp., p. 218) the issue of Tuesday, December 1, 1970 (5 U.S.C. secs. 3301, 3302, E.O. 10577; 3 CFR 1954-58 Comp., p. 218) (35 F.R. 18257), the word “Blackheart” U n it e d S tates C iv il S erv­ was inadvertently omitted under (f) of ic e C o m m is s io n , U n it e d S tates C iv il S erv­ § 51.1540 in column 3 of page 18258 which [ seal] Jam e s C. S p r y , ic e C o m m is s io n , is corrected to read as follows; Executive Assistant to [ s e a l ] J am e s C. S p r y , the Commissioners. Executive Assistant to § 51.1540 U.S. Extra No. 1. [FR Doc.71-7643 Piled 6-2-71;8:45 am] the Commissioners. * * * * * [FR Doc.71-7645 Filed 6-2-71;8:45 am ] (f) Free from; (1) Freezing; PART 213— EXCEPTED SERVICE (2) Blackheart; PART 213— EXCEPTED SERVICE (3) Late blight, southern bacterial wilt Department of the Army and ring rot; and, Section 213.3307 is amended to show Department of Housing and Urban (4) Soft rot and wet breakdown. the Position of Confidential Assist- Development ***** th * deputy Under Secretary of Section 213.3384 is amended to show Dated: May 28,1971. e Army (International Affairs) is no that (1) one position of Special Assist­ wnger excepted under Schedule C. ant to the Secretary is no longer ex­ G . R. G r a n g e , on Publication in the F ederal cepted under Schedule C, and (2) one Deputy Administrator, gkter (6-3-71), subparagraph (3) of position of Staff Assistant to the Spe­ Marketing Services. Paragraph (a) of § 213.3307 is revoked. cial Assistant to the Secretary for Mort­ [FR Doc.71-7732 Filed 6-2-71;8:52 am ]

No. 107------2 FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10772 RULES AND REGULATIONS

Chapter VII— Agricultural Stabiliza­ terminations of discount varieties of (3) If the farm operator or any pro­ tion and Conservation Service (Ag­ Flue-cured tobacco effective for the 1972 ducer on a farm certifies on MQ-32 that ricultural Adjustment), Department and subsequent crops. Interested persons there was planted on the farm any dis­ were given 15 days after publication of count variety of Flue-cured tobacco, all of Agriculture such notice in which to submit written of the Flue-cured tobacco produced on SUBCHAPTER B— FARM MARKETING QUOTAS data, views, and recommendations with such farm shall be considered by the AND ACREAGE ALLOTMENTS respect to the proposed regulations to county committee to be discount variety be sure of consideration. No data, views, tobacco. [Amdt. 2] or recommendations were submitted pur­ (c) Failure to file report. If the opera­ PART 722— COTTON suant to said notice. tor of a farm on which Flue-cured The amendment herein is issued pur­ tobacco is being produced in the current Subpart— Base Acreage Allotments suant to and in accordance with the years fails or refuses, within 7 days after for 1971, 1972, and 1973 Crops of Agricultural Adjustment Act of 1938, a request of the county committee on Upland Cotton as amended, and the Agricultural Act MQ-34-1, Notice of Action Required Re­ of 1949, as amended. The amendment garding Determination of Seed Varieties H istory A creage of Cotton reinstates for 1972 and subsequent crops of Flue-Cured Tobacco, to file a report on the F arm the provisions of § 725.110 of the reg­ on MQ-32, showing whether or not there ulations in this subpart which was re­ This amendment is issued pursuant to was planted any of the discount varieties voked for the 1971 crop. the Agricultural Adjustment Act of 1938, of Flue-cured tobacco on such farm, all Section 725.110 is reinstated effective as amended (7 U.S.C. 1281 et seq.). The Flue-cured tobacco produced on such for the 1972 and subsequent crops, to purpose of this amendment is to delete farm shall be considered by the county the provision prohibiting adjustment of read as follows: committee to be discount variety to­ history acreage now set forth in § 722.404 D iscount V arieties bacco, unless the county committee finds (f) (2) (i) in cases of farms owned by that failure to comply with the request § 725.110 Determination o f discount w a # due to circumstances beyond the the Federal Government Yvith a restric­ . varieties. tive lease prohibiting the planting of control of the farm operator. upland cotton. Such deletion will affect (a) Definition. “Discount Variety’5 (d ) Notice to farm operator. The farm a limited number of federally owned means any of the Flue-cured tobacco operator having discount variety tobacco farms which were acquired before 1950 seed varieties designated as Coker 139, shall be given written notice by certified for which pooling of allotments under Coker 140, Coker 316, Reams 64, or Dixie mail on MQ-34-2, Notice of Determina­ 7 U.S.C. 1378 was not applicable. Bright 244, or a mixture or strain of such tion of Discount Variety of Flue-cured The regulations under this subpart seed varieties, or any breeding line of Tobacco. The notice to the farm opera­ (36 F.R. 4853, 6733, 7509) are amended Flue-cured tobacco seed varieties, includ­ tor shall constitute notice to all persons by revising paragraph ( f ) (2) of § 722.404 ing, but not limited to, 187-Golden Wilt who as owner, operator, landlord, tenant, to read as follows: (also designated by such names as No- or sharecropper, are interested in the Name, XYZ, Mortgage Lifter, Super tobacco being grown on the farm. § 722.404 Definitions. X Y Z ), having the quality and chemical (e) Producer’s right to recertify. Any * * * * * characteristics of the seed varieties des­ producer on a farm who received a Form (f) History acreage of cotton on the ignated as Coker 139, Coker 140, Coker MQ-34-2 notifying him that the farm farm. * * * 316, Reams 64, or Dixie Bright 244: Pro­ has discount variety tobacco when in fact (2) No adjustment in history acreagevided, That where there is growing in a an acceptable variety is being produced under subparagraph (1) of this para­ field off type plants of not more than 2 may recertify on Form MQ-32. percent, such offtype plants shall not be graph shall be made for a farm if the (f) Issuance of marketing cards— (1) considered in certifying the Flue-cured cotton base acreage allotment is estab­ Notation on card. If a farm is considered tobacco Variety being produced. Flue- lished in the eminent domain pool under to have discount variety tobacco avail­ cured tobacco which is not certified to be Part 719 of this chapter. able for marketing and the farm is eligi­ discount variety shall be considered as * * * * * ble for price support, the county execu­ “acceptable variety”. tive director shall issue MQ-76, bearing (Secs. 301, 344a, 350, 375, 52 Stat. 38, as (b ) Producer’s report. (1) For each amended, 79 Stat. 1197, as amended, 79 Stat. the notation “Discount Variety—Limited farm on which Flue-cured tobacco is 1193, as amended, 52 Stat. 66, as amended; Price Support”. If the farm is considered produced in the current year, the farm 7 U.S.C.1301,1344b,1350,1375) to have discount variety tobacco but it is operator or any producer on the farm Effective date: Upon filing of this not eligible for price support, the county shall file with the county office a report executive director shall issue MQ-76, document with the Director, Office of on MQ-32, Certification of Flue-Cured bearing the notation “Discount V ariety - the Federal Register. Tobacco Varieties Planted, showing No Price Support”. Signed at Washington, D.C., on whether or not discount variety tobacco was planted on the farm. (2) Exchange of cards, (i) Where an May 26,1971. MQ-76, bearing the notation “Discount Carroll G. B runthaver, (2) If the farm operator or any pro­ ducer on a farm certifies on MQ-32 that Variety— Limited Price Support” is issued Acting Administrator, Agricul­ for a farm, the card may be exchanged there was not planted on the farm any tural Stabilization and Con­ at the county office for an MQ-76 with­ discount variety of Flue-cured tobacco, servation Service. out the notation, or (ii) where an MQ- all of the Flue-cured tobacco produced 76, bearing the notation “Discount Vari­ [FR Doc.71-7682 Filed 6-2-71;8:48 am] on such farm shall be considered by the ety— No Price Support” is issued for a county committee to be acceptable va­ farm the card may be exchanged at the riety tobacco. If the farm operator or any [Amdt. 4] county office for an MQ-76 with the producer thereon has executed and filed notation “No Price Support”: Provided, a report with the county office on MQ-32, PART 725— FLUE-CURED TOBACCO That the farm operator establishes to which shows there was not planted on the satisfaction of the county committee Subpart— Flue-Cured Tobacco, 1970— such farm (s) in the current year, any that there has been no commingling or 71 and Subsequent Marketing Years of the discount varieties of Flue-cured substitution of discount variety tobacco tobacco, and the operator or a producer R einstatement of D iscount V ariety produced on the farm or on any other on the farm wishes to change the MQ-32 P rovisions farm operated by him, and that all diS' to show there was planted on such count variety tobacco has been marketea On page 7462 of the Federal R egister farm (s) a discount variety he may, at or satisfactorily disposed of, or accounte of April 20, 1971, there was published any time prior to the issuance of a mar­ a notice of proposed rule making to is­ keting card for the farm, be permitted for. sue an amendment to the regulations to to file a new MQ-32 which shall super­ (3) Cards for publicly owned experi­ reinstate provisions with respect to de­ sede and replace the first MQ-32. ment stations. MQ-76 issued to identify

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 RULES AND REGULATIONS 10773 marketings of tobacco grown for exper­ (c) Date, signature of dealer and cur­ this section until 30 days after publica­ imental purposes by or for publicly rent address, and dealer identification tion hereof in the F ederal R eg ister (5 owned experiment stations shall bear number. U.S.C. 553) because the time intervening the notation “Discount Variety— Limited (d) Tobacco sale bill number and date. between the date when information upon which this section is based became avail­ Price Support” if such tobacco is discount (iii) Each dealer or any person who able and the time when this section must variety tobacco. acquires acceptable variety tobacco in become effective in order to effectuate (g) a manner which would make it ineligible identification of Flue-cured leaf the declared policy of the act is insuffi­ for certification on MQ-79-1, or who has account tobacco as acceptable variety cient, and a reasonable time is permitted, on hand both discount variety tobacco and reports on MQ—79—1, Flue—cured. under the circumstances, for preparation Whenever the Director determines there and acceptable variety tobacco, and de­ for such effective time; and good cause sires to dispose of acceptable variety is a significant amount of discount vari­ exists for making the provisions hereof tobacco prior to disposing of the discount ety tobacco available for marketing in effective as hereinafter set forth. The variety tobacco, may apply in writing to any marketing year he may cause to be committee held an open meeting during the State executive director for a special initiated the provisions of this' para­ the current week, after giving due notice authorization to have the acceptable va­ graph. In addition, the Director may thereof, to consider supply and market riety tobacco certified when offered for terminate any action initiated here­ conditions for Valencia oranges and the auction sale. under when he determines no discount need for regulation; interested persons variety of Flue-cured tobacco remains (h) Estimate of production. For any were afforded an opportunity to submit available for sale during the remainder farm on which discount variety tobacco information and views at this meeting; of the current marketing season. Notifi­ is being grown, a Form MQ-92, Esti­ the recommendation and supporting in­ cation to warehousemen of action re­ mate of Production, shall be obtained. formation for regulation during the pe­ quired under this paragraph shall be by (Secs. 375, 52 Stat. 66, 401, 63 Stat. 1054; riod specified herein were promptly the State executive director. 7 U.S.C. 1375, 1421) submitted to the Department after such (1) Warehouseman, (i) Each ware­ meeting was held; the provisions of this houseman who offers for auction sale any Effective date. This amendment shall section, including its effective time, are become effective 30 days after the date leaf account Flue-cured tobacco on a identical with the aforesaid recommen­ of publication in the F ederal R e g ist e r . warehouse floor other than his own, and dation of the committee, and information who requests the other warehouseman to Signed at Washington, D.C., on May 26, concerning such provisions and effective identify such tobacco as being “accepta­ 1971. time has been disseminated among han­ ble variety” shall execute MQ-79-1 C arro ll G. B r u n t h a v e r , dlers of such Valencia oranges; it is n e c ­ (Flue-cured), Dealer’s Certification— Acting Administrator, Agricul­ essary, in order to effectuate the declared Resale Tobacco. tural Stabilization and Con­ policy of the act, to make this section (ii) Each warehouseman who is par­ servation Service. effective during the period herein speci­ ticipating in the Commodity Credit Cor­ [FR Doc.71-7678 Filed 6-2-71;8:48 am ] fied; and compliance with this section poration price support program, and who will not require any special preparation identifies resale tobacco with a “certi­ on the part of persons subject hereto fied” basket ticket indicating that such Chapter IX— Consumer and Market­ which cannot be completed on or before tobacco, by virtue of an executed M Q - ing Service (Marketing Agreements the effective date hereof. Such committee 79-1 (Flue-cured), is of an acceptable and Orders; Fruits, Vegetables, meeting was held on June 1,1971. variety shall at the time the tobacco is (b) Order. (1) The respective quan­ weighed in have such tobacco covered by Nuts), Department of Agriculture tities of Valencia oranges grown in Ari­ an executed MQ-79-1. [Valencia Orange Reg. 351] zona and designated part of California (iii) Each executed MQ-79-1 (Flue- PART 908—VALENCIA ORANGES which may be handled during the period cured) shall show the following infor­ June 4, 1971, through June 10, 1971, are GROWN IN ARIZONA AND DESIG­ mation with respect to each lot of resale hereby fixed as follows: tobacco: NATED PART OF CALIFORNIA (1) District 1: 240,000 cartons; (a) Crop year. Limitation of Handling (ii) District 2: 442,000 cartons;

(b) Name and address of warehouse (iii) District 3 : 68,000 cartons. where the tobacco is being offered for § 908.651 Valencia Orange Regulation sale. 351. (2) As used in this section, “handler”, “District 1”, “District 2”, “District 3”, (c) Tobacco sale bill number and date. (a) Findings. (1) Pursuant to. the and “carton” have the same meaning as (d) Date, signature of dealer and cur­ marketing agreement, as amended, and rent address, and dealer identification Order No. 908, as amended (7 CFR Part when used in said amended marketing number. 908, 35 F.R. 16625), regulating the han­ agreement and order. (2) Dealer, (i) Each dealer or any dling of Valencia oranges grown in Ari­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. other person who offers for auction sale zona and designated part of California, 601-674) effective under the applicable provisions any resale Flue-cured tobacco on a ware­ Dated: June 2, 1971. house floor which is participating in the of the Agricultural Marketing Agreement Commodity Credit Corporation price Act of 1937, as amended (7 U.S.C. 601- P a u l A. N ic h o l s o n , support program and on which floor eli­ 674), and upon the basis of the recom­ Deputy Director, Fruit and gible resale Flue-cured tobacco is identi­ mendations and information submitted Vegetable Division, Consumer fied with a “certified” basket ticket, and by the Valencia Orange Administrative and Marketing Service. who requests the warehouseman to iden­ Committee, established under the said [FR Doc.71-7859 Filed 6-2-71; 11:21 am ] tify his tobacco as being of an “accepta- amended marketing agreement and or­ rm variety”. shall execute MQ-79-1 der, and upon other available informa­ (Flue-cured), Dealer’s Certification— tion, it is hereby found that the limita­ [Lemon Reg. 481, Arndt. 1] Resale Tobacco. tion of handling of such Valencia oranges, as hereinafter provided, will PART 910— LEMONS GROWN IN (h) Each executed MQ-79-1 (Flue- tend to effectuate the declared policy of CALIFORNIA AND ARIZONA cured) shall show the following informa- the act. Limitation of Handling on with respect to resale tobacco: (2) It is hereby further found that it (o) Crop year. is impracticable and contrary to the (a ) Findings. (1) Pursuant to the mar­ (b) Name and address of warehouse public interest to give preliminary no­ keting agreement, as amended, and Or­ ,ere the tobacco is being offered for tice, engage in public rule-making pro­ der No. 910 as amended (7 CFR Part sale. cedure, and postpone the effective date of 910), regulating the handling of lemons

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10774 RULES AND REGULATIONS

grown in California and Arizona, effec­ That an aggregate area of three-fourths tive under the applicable provisions of of the surface of each fruit shall meet Ports Office Advance notice the Agricultural Marketing Agreement the minimum color requirement for Act of 1937, as amended (7 U.S.C. 601- “mixed color” : And provided further, All Arizona B. O. Morgan, 225 Ter- Do. 674), and upon the basis of the recom­ That stem length shall not be considered points. race Ave., Nogales. mendations and information submitted a factor of grade, and tolerances for fruit AZ 85621 (Phone-602- by the Lemon Administrative Committee, 287-2902). affected by decay and for fruit failing All Florida Lloyd W. Boney, 1350 Do. established under the said amended to meet color requirements set forth in points. Northwest 12th Ave., marketing agreement and order, and Room 538, Miami, FL the U.S. Standards for Persian (Tahiti) 33136 (Phone—305-371- upon other available information, it is Limes, shall apply; 2571), hereby found that the limitation of han­ (3) Such limes of the group known as or dling of such lemons, as hereinafter large fruited or Persian limes (including Hubert S. Flynt, 775 Do. provided, will tend to effectuate the de­ Warner Lane, Orlando, Tahiti, Bearss, and similar varieties) are F L 32812 (Phone- clared policy of the act. of a size not smaller than 1% inches in 305-841-2141), (2) It is hereby further found that it diameter; and or is impracticable and contrary to the (4) Notwithstanding the provisions of public interest to give preliminary notice, subparagraph (3) of this paragraph, not Kenneth C. McCourth, Do. engage in public rule-making procedure, Unit 46, 335 Bright to exceed 10 percent, by count, of limes Ave., Jacksonville, FL and postpone the effective date of this in any lot of containers may fail to meet 32206 (Phone—904-364- amendment until 30 days after publica­ 6983). the applicable size requirement: Pro­ All California Daniel P. Thompson, 784 3 days. tion hereof in the F ederal R e g ister (5 vided, That no individual container of points. South Central Ave., U.S.C. 553) because the time interven­ limes having a net weight of more than 4 Room 294, Los Angeles, ing between the date when information CA 90012 (Phone—213- pounds may have more than 15 percent, 622-8756). upon which this amendment is based by count, of limes which fail to meet such All Louisiana Pascal J. Lamarca, 5027 lday. became available and the time when this points. Federal Office Bidg., applicable size requirement: 701 Loyola Ave., New amendment must become effective in (b) The Federal or Federal-State In­ Orleans, L A 70013 order to effectuate the declared policy of (Phone—604-627-6741 spection Service, Fruit and Vegetable the act is insufficient, and this amend­ and 6742). Division, Consumer and Marketing Serv­ All other points. . D. S. Matheson, Fruit 3 days. ment relieves restriction on the handling and Vegetable Division, ice, U.S. Department of Agriculture, is of lemons grown’ in California and Consumer and Market­ hereby designated as the governmental ing Service, U.S. De­ Arizona. inspection service for the purpose of cer­ partment of Agricul­ (b) Order, as amended. The provisions ture, Washington, D.C. tifying the grade, size, quality, and ma­ 20260 (Phone—202- in paragraph (b)(1) (ii) of §910.781 turity of limes that are imported into 388-5870). (Lemon Reg. 481, 36 F.R. 9289) during the United States. Inspection by the Fed­ the period May 23, 1971, through May 29, eral or Federal-State Inspection Service (c) Inspection certificates shall cover 1971, are hereby amended to read as with appropriate evidence thereof in the follows: only the quantity of limes that is being form of an official inspection certificate, imported at a particular port of entry by § 910.781 Lemon Regulation 481. issued by the respective service, appli­ a particular importer. ***** cable to the particular shipment of limes, (d) The inspection performed, and is required on all imports of limes. Such (b ) Order. (1) * * * certificates issued, by the Federal or inspection and certification services will (ii) District 2: 285,000 cartons. Federal-State Inspection Service shall be be available upon application in accord­ ***** in accordance with the rules and regu­ ance with the rules and regulations gov­ lations of the Department governing the (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. erning inspection and certification of 601-674) inspection and certification of fresh fresh fruits, vegetables, and other prod­ fruits, vegetables, and other products Dated: May 27, 1971. ucts (Part 51 of this title) but, since (Part 51 of this title). The cost of any inspectors are not located in the imme­ inspection and certification shall be F l o y d F . H e d l u n d , diate vicinity of some of the small ports borne by the applicant therefor. Director, Fruit and Vegetable of entry, such as those in southern Cal­ (e) Each inspection certificate issued Division, Consumer and Mar­ ifornia, importers of limes should make with respect to any limes to be imported keting Service. arrangements for inspection, through the into the United States shall set forth, [FR Doc.71-7677 Filed 6-2-71;8:48 am] applicable «tie of the following offices, at among other things: least the specified number of days prior (1) The date and place of inspection; to the time when the limes will be [Lime Reg. 5; Reg. 4 Terminated] (2) The name of the shipper, or imported: PART 944— FRUIT; IMPORT applicant; REGULATIONS (3) The commodity inspected; Ports Office Advance notice (4) The quantity of the commodity Limes covered by the certificate; § 944.204 Lime Regulation 5. All Texas points.. L. M. Denbo, 506 South 1 day. (5) The principal identifying marks Nebraska St., San Juan, on the container; (a ) On and after the effective date of T X 78589 (Phone— this section, the importation into the 612-787-4091), (6) The railroad car initials and num­ ber, the truck and the trailer license United States of any limes is prohibited or unless such limes are inspected and meet number, the name of the vessel, or other the following requirements: A. D. Mitchell, Room Do. identification of the shipment; and 516, U.S. Courthouse, (7) The following statement if the (1) Such limes of the group known as El Paso, Tex. 79901 (Phone—916-533-9351, facts warrant: “Meets U.S. import re­ true limes (also known as Mexican, West Ext. 5340). quirements under section 8e of the Agri­ Indian, and Key limes and by other All New York Edward J. Beller, Room ' Do. cultural Marketing Agreement Act ox synonyms), meet the requirements of at points. 28A, Hunts Point Market, Bronx, N .Y . 1937, as amended.” least U.S.No. 2 grade for Persian (Tahiti) 10474 (Phone—212-991- limes, except as to color; 7668 and 7669), (f) Notwithstanding any other provi­ sion of this section, any importation oi (2) Such limes of the group known as Or limes which, in the aggregate does not large-fruited or Persian limes (includ­ Charles D. Renlck, 176 Do; exceed 250 pounds, net weight, may be ing Tahiti, Bearss, and similar varieties) Niagara Frontier Food grade at least 85 percent U.S. No. 1 Terminal, Room 8, imported without regard to the restric­ Buffalo, N .Y . 14206 quality, except as to color: Provided, (Phone—716-824-1586). tions specified herein.

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 RULES AND REGULATIONS 10775

(g) No provisions of this section shall Red River Valley ; and Oklahoma Metro­ operates a plant described in § 1106.- supersede the restrictions or prohibitions politan marketing areas. This order does 9(c) on limes under the Plant Quarantine Act not suspend any provision of the orders 3. In § 1106.12, the words appearing in of 1912. regulating the handling of milk in the the second sentence “and milk so di­ (h) Nothing contained in this section South Texas and Corpus Christ! mar­ verted shall be deemed to have been re­ shall be deemed to preclude any importer keting areas. ceived at the pool plant from which di­ from reconditioning prior to importation Notice of proposed rule making, was verted for the purpose of determining any shipment of limes for the purpose of published in the F ederal R e g ister (36 location differentials pursuant to making it eligible for importation. F.R. 7318) concerning a proposed sus­ § 1106.81.” (i) The terms used herein relating to pension of certain provisions of the 4. In § 1106.53(a) the word “pool” grade and diameter shall have the same seven above-named orders. Interested which precedes the word “plant.” meaning as when used in the U.S. Stand­ persons were afforded opportunity to file 5. In § 1106.81(a), the word “pool” in ards for Persian (Tahiti) Limes written data, views, and arguments both instances where it precedes the word (§§51.1000-51,1016 of this title). Im ­ thereon. “plant.” portation means release from custody of After consideration of all relevant ma­ Statement of consideration. This order the U.S. Bureau of Customs. terial, including the proposal set forth suspends (1) from the Oklahoma Metro­ (j) Lime Regulation 4 (35 F.R. 17107 in the aforesaid notice, data, views, and politan, Nashville, and Mississippi orders 36 F.R. 7002) is hereby terminated at arguments filed thereon, and other avail­ the provisions under which cooperative the effective time hereof. able information, it is hereby found and associations may designate for pool plant It is hereby found that it is imprac­ determined that pending public hearing status plants they operate without any ticable, unnecessary, and contrary to the procedure on proposed revisions of the requirement to ship milk therefrom to public interest to give preliminary no­ order in this respect, the following pro­ the market; (2) from the Oklahoma tice, engage in public rule-making pro­ visions of the orders do not tend to Metropolitan, Red River Valley, Nash­ cedure, and postpone the effective time effectuate the declared policy of the Act: ville, Mississippi, and Chattanooga of this regulation beyond that herein­ PART 1090— MILK IN CHATTA­ orders the provisions that provide that the pricing point for producer milk di­ after specified (5 U.S.C. 553) in that NOOGA, TENN., MARKETING AREA (a) the requirements of this import regu­ verted from the market is the plant from lation are imposed pursuant to section 1. In § 1090.11, paragraph (b )(1 ). which it is diverted; and (3) from the 8e of the Agricultural Marketing Agree­ 2. In § 1090.74(a), the word “pool” Red River Valley order the provision ment Act of 1937, as amended (7 U.S.C. wherever appearing. which allows unlimited diversion during 601-674), which makes such regulation certain months of the year. mandatory; (b) such regulation imposes Basically, a Federal milk order is the same restrictions as are being made PART 1098— MILK IN NASHVILLE, designed to establish minimum prices to applicable to domestic shipments of TENN., MARKETING AREA be paid to milk producers in order to in­ limes under Lime Regulations 30 1. In § 1098.11, paragraph (c). sure an adequate quantity of pure and (§ 911.332), which becomes effective June 2. In § 1098.53(a) the word “pool” pre­ wholesome milk for a marketing area. 7, 1971; (c) compliance with this im­ ceding the word “plant.” It accomplishes this end by establishing port regulation will not require any spe­ 3. In § 1098.83(b), the word “pool” orderly marketing conditions by classify­ cial preparation which cannot be com­ wherever appearing. ing and pricing milk according to its use pleted by the effective time hereof; (d) and by providing an equitable pooling of notice hereof in excess of three days, the the returns among all producers for the minimum that is prescribed by section 3e, PART 1103— MILK IN MISSISSIPPI market to provide a uniform return to is given with respect to such regulation; MARKETING AREA all producers in the form of a uniform and (e) such notice is hereby deter­ blend price. The types of provisions in­ mined under the circumstances, to be 1. In § 1103.11, paragraph (c). cluded in the various orders differ de­ reasonable. 2. In § 1103.15, in the introductory text, pending on the marketing conditions in­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. “Provided, That milk diverted in accord­ volved and were included in the order 601-674) ance with the provisions of said para­ to assure that equity is created in the graph shall be deemed to have been re­ pooling of the milk of all producers. As Dated May 27, 1971, to become effec­ ceived by the diverting handler at the marketing conditions change then also tive June 7,1971. location of the pool plant from which it provisions in the orders need to be F l o y d F . H e d l u n d , was diverted and:” changed. Director, Fruit and Vegetable 3. In § 1103.53(a) the word “pool” pre­ Some supplies of milk normally asso­ Division, Consumer and Mar­ ceding the word “plant.” ciated with the milk market are not keting Service. 4. In § 1103.92(a), the word “pool” needed to meet the daily fluid milk re­ wherever appearing. [FR Doc.71-7731 Piled 6-2-71;8:52 am] quirements of milk distributors. This is the result of daily, weekly, and seasonal PART 1104— MILK IN RED RIVER fluctuation of milk supplies and milk Chapter X— Consumer and Marketing sales. The cooperative in many markets Service (Marketing Agreements VALLEY MARKETING AREA receives at its plant much of this reserve and Orders; Milk), Department of 1. In § 1104.52(a) the word “pool” pre­ supply not needed by the milk handlers Agriculture ceding the word “plant.” at any particular time. This is normally 2. In § 1104.63, paragraphs (b) and called “balancing the supply” for the [Milk Orders Nos. 90, 98,103,104,106, (c ). market. To allow the cooperative asso­ 121,130] 3. In § 1104.63(d) the words “during ciation to perform this function and at MILK in CHATTANOOGA, TENN., AND the months of September through De­ the same time guarantee its members de­ livering this reserve milk a market at CERTAIN OTHER MARKETING AREAS cember.” 4. In § 1104.74, the word “pool” pre­ going market prices automatic pooling Order Suspending Certain Provisions ceding the word “plant.” status to certain cooperative milk plants as well as the privilege of the cooperative This suspension order is issued pur- to divert milk at marketing area prices, suant to the provisions of the Agricul­ PART 1106— MILK IN OKLAHOMA were provided in the orders because only tural Marketing Agreement Act of 1937, METROPOLITAN MARKETING AREA by that means under the marketing con­ amended (7 U.S.C. 601 et seq.), with ditions prevailing at that time could ^ le orders regulating the 1. In § 1106.9, paragraph (c). equity between members and nonmem­ andling of milk in the Chattanooga, 2. In § 1106.11, the portion of para­ bers of cooperatives be assured. Adequate enn.; Nashville, Tenn.; Mississippi; graph (c) which reads: “which owns or provision was also made by other terms

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10776 RULES AND REGULATIONS

of the order for the pooling of any addi­ the cooperative did not have this cost. the manner in which these provisions tional milk supplies which might actually The cooperative, under the terms of the are presently being used. It is concluded be needed in the market. Act, is not required to pay the minimum from the data, views, and argument sub­ It is now found that the automatic price to its members and needed to pay mitted and other available information cooperative pool plant provisions and the only approximately the competitive price that this suspension action will not in­ provisions for the payment of the f.o.b. in the central Wisconsin area. There­ terfere unduly with the marketing ar­ market prices on diverted milk are be­ fore, it had the advantage of approxi­ rangements of cooperatives or the ing used as the means of pooling substan­ mately all of the 55 cents difference in handling of normal market requirements tial quantities of milk not previously a price. The pooling of this milk and other for milk in the markets affected. Similar part of the market’s supply and which in distant milk reduced the Oklahoma action will be taken in any other mar­ fact are not actually needed or shipped blend price in March 1971 about 45 cents ket or markets if and when circum­ to the market. per hundredweight. The producer who stances warrant. was not a member of the cooperative re­ This has been accomplished by the co­ Action is reserved with respect to the ceived this announced price ($5.62 per operatives shipping milk from distant provisions of the Corpus Christi and hundredweight) exclusive of any pre­ sources for as little as 1 day to their South Texas orders proposed to be sus­ mium which his handler might have paid plants having automatic pooling status. pended in the notice issued April 13, him. The cooperative, on the other hand, The milk thereaf ter was shipped directly 1971, by the Deputy Administrator, Reg­ paid its member producers delivering di­ from the farm to the nonpool plant from ulatory Programs, Consumer and Mar­ rectly to Oklahoma, more than $5.62, and which it originated near the source of keting Service (36 F.R. 7318). Although this was accomplished without additional production. It was utilized in that non­ some additional milk supplies have been cost to the cooperative. The exact amount pool plant for manufacturing purposes added to these markets, the shifting of is difficult to determine because the co­ bef ore being pooled and now continues to supplies here may involve basically a operative pays on a base and excess plan. be used at that plant for manufacturing supply adjustment to equalize the bur­ Somewhat the same kind of pooling of den of the reserve milk supplies among purposes. Nevertheless, the cooperative distant and unshipped milk supplies is draws out of the pool the f.o.b. market these and other nearby markets. Sim­ taking place under the Nashville and ilarly, no suspension action is how taken blend price for such milk because the five Mississippi orders with essentially the with respect to a similar provision in orders, which are the subject of suspen­ same results on the blend prices to pro­ the Chattanooga order. Suspension ac­ sion action herein, provide that diverted ducers in those orders. As in Oklahoma, tion as to these orders can be recon­ milk is presumed to be received, for pric­ after limited delivery to the market, the sidered as may be necessary at a future ing purposes, at the marketing area pool distant milk is not shipped to the mar­ time. plant from which it is diverted rather keting area but is retained in its originat­ than the nonpool plant where it is actu­ ing area and continues to be used for Data, views, and arguments were in­ ally received. The automatic pool plant manufacturing products. vited from interested parties. Suspension and diverted milk pricing provisions, Essentially the same effect was also of these provisions from the specified used together, provide the economic in­ accomplished in the Red River Valley orders was opposed by the regional co­ centive for large quantities of milk de­ market by the use of the provision which operatives operating in the several mar­ livered at plants in distant areas to be provides for unlimited diversion of pro­ kets. These cooperatives submitted few pooled in these orders, although not ducer milk for the months of January facts, data, or views with respect to needed, without actually any milk being through August. Again, this provision was conditions in the markets in question, shipped to the market. included in the order to provide the local but rather mainly raised questions of For example, under such provisions in cooperative with a means to perform the a general nature with respect to the the Oklahoma Metropolitan order such market’s balancing functions. This pro­ marketing order program, contending milk has been pooled because of as little vision is now being used to pool addi­ that the provisions proposed for sus­ as 1 day’s delivery to a cooperative’s tional and unneeded supplies with as lit­ pension are not significantly different marketing area plant having automatic tle as 1 day’s shipment to the marketing from corresponding provisions in many pool plant status and then “diverted” to area and then diverting the milk to other Federal orders where no suspen­ the manufacturing plant with which it plants not shipping any milk to the Red sion action is being considered at this had previously been associated. The milk, River Valley market. time. The cooperatives also allege that because it is used for manufacturing, is It is to be noted that these five orders any revision of these order provisions accounted for in the pool at'the lower make adequate provision for pooling any should result from formal amendatory Class II price. As a result the average additional milk supplies needed to sup­ hearing procedure. On the other hand or “blend” price for all milk in the ply the market’s fluid needs. The pro­ suspension was favored in submissions Oklahoma Metropolitan pool has been visions herein suspended are not needed by producers and handlers who asserted reduced. The blend price was reduced for this purpose as other provisions in substantial injury by reason of condi­ further because the milk was credited the orders are still available if additional tions in their markets. to the cooperative at the f.o.b. Oklahoma supplies are required in the markets. Notice has been issued to all in­ price instead of at the lower price appli­ Moreover, with today’s changed market­ terested parties in such markets in­ cable to the locatioii of the plant at which ing conditions, particularly the region­ viting proposals for consideration at it was actually delivered. alization of cooperatives and their re­ public hearings to amend the orders in The situation in March 1971 is an blending of proceeds from the sale of relation to the milk handling problems example of how this is accomplished. milk over wide areas, the cooperatives involved here. Hearing proposals may be Some of the distant milk supplies thus will still be able to continue to perform filed by June 1, 1971. A hearing is con­ pooled in the Oklahoma market were the markets’ balancing functions. templated soon after these proposals produced and normally utilized for man­ The above pooling practices are not are received. ufacture in central Wisconsin. The Okla­ limited to the examples cited but involve No action need be taken to suspend homa f.o.b. market blend price of $5.62 varying periods of time and varying a provision of the Nashville order (Part per hundredweight is the price for that quantities of milk in each of the five 1098) inadvertently appearing in the no­ milk at which the cooperative is given subject markets. The potential for their tice of proposed suspension or termina­ credit in the Oklahoma pool. The Chi­ continuation would extend indefinitely tion and reading as follows: cago blend price in the central Wiscon­ unless the subject orders are modified. 1. In § 1098.7 “Milk so diverted shall sin area for milk being delivered to It is hereby found and determined be deemed to have been received at the Chicago, and which can be considered a necessary, by reason of the fact that the pool plant from which diverted if for the competitive price in that area, was $5.07 actions previously referred to are per­ account of the handler operating such per hundredweight. If this milk had missible under the provisions to be sus­ pool plant or at a pool plant at the pended herein, that prompt suspension actually been shipped to Oklahoma the location of the pool plant from which cost of shipment would have more than action to be taken to provide, to the offset this difference of 55 cents. But the extent possible by this means, relief diverted if for the account of a coopera­ milk was not actually shipped; therefore, from the adverse effects resulting from tive association.”

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 RULES AND REGULATIONS 10777

Such language was deleted previously January 29, 1971 (36 F.R. 1430), the (4) Performing or carrying on any one by amendment action dated August 25, Board of Governors proposed to imple­ or more of the functions or activities 1970, and published in F ederal R egister ment its regulatory authority under sec­ that may be performed or carried on by August 29, 1970 (35 F.R. 13784). tion 4(c) (8) of the Bank Holding Com­ a trust company (including activities of It is hereby found and determined that pany Act to permit holding companies to a fiduciary, agency, or custodian na­ 30 days’ notice of the effective date engage directly or through a subsidiary ture) , in the manner authorized by State hereof is impractical, unnecessary, and in activities that are “so closely related law so long as the institution does not contrary to the public interest in that: to banking or managing or controlling both accept demand deposits and make (a) This suspension is necessary to re­ banks as to be a proper incident thereto.” commercial loans;2 flect current marketing conditions and A hearing was held before members of (5) Acting as investment or financial to maintain orderly marketing condi­ the Board on April 14, 1971, regarding adviser, including (i) serving as the ad­ tions in the marketing areas by pro­ all issues raised by the proposals, except visory company for a mortgage or a real viding prompt relief from the adverse the extent to which data processing and estate investment trust and (ii) furnish­ effects upon producer prices pending insurance agency activities are closely ing economic or financial information;* amendment hearings; related to banking. (6) Leasing personal property and (b) This suspension order does not re­ Following consideration of the com­ equipment, or acting as agent, broker, or quire of persons affected substantial or ments received and the record of the adviser in leasing of such property, Where hearing, as its initial implementation of extensive preparation prior to the effec­ at the inception of the initial lease the tive date; and its authority under section 4(c) (8) of the expectation is that the effect of the (c) Notice of proposed rule making Act as revised by the 1970 amendments transaction and reasonably anticipated to the Act, the Board has amended was given interested parties and they future transactions with the same lessee § 222.4 (a ), (b ), and (c) of Regulation Y were afforded opportunity to file written as to the same property will be to com­ to read as set forth below, effective data, views, or arguments concerning pensate the lessor for not less than the June 15, 1971. (Former paragraphs (b) this suspension. lessor’s full investment in the property; and (c) were nonsubstantive.) An ac­ Therefore, good cause exists for mak­ (7) Making equity and debt invest­ ing this order effective June 15,1971. companying interpretation expresses the Board’s views on several questions that ments in corporations or projects de­ It is therefore ordered, That the afore­ signed primarily to promote community said provisions of the orders are hereby arose during the course of its considera­ tion of this matter. welfare, such as the economic rehabilita­ suspended beginning June 15, 1971, for tion and development of low-income an indefinite period. § 222.4 ^¡onbanking activities. areas.3 (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. .(b) (1) De novo entry. A bank holding 601-674) (a) Activities closely related to bank­ ing or managing or controlling banks. company may engage de novo (or con­ Effective date: June 15,1971. In accordance with the procedures set tinue to engage in an activity earlier Signed at Washington, D.C., on May 28, forth in paragraphs (b) and (c) of this commenced de novo) directly or indi­ 1971. section, any bank holding company may rectly, solely in activities described in engage, or retain or acquire an interest paragraph (a) of this section, 45 days R ichard E. L yn g , in a company that engages, solely in one after the company has furnished its Re­ Assistant Secretary. or more of the activities specified below, serve Bank with a copy of a notice of [PR Doc.71-7730 Filed 6-2-71;8:52 am ] including such incidental activities as the proposal (in substantially the same are necessary to carry on the activities so form as F.R. Y -4 A ) published within Chapter XIV— Commodity Credit Cor­ specified. Any bank holding company the preceding 30 days in a newspaper of poration, Department of Agriculture that is of the opinion that other activi­ general circulation in the communities ties in the circumstances surrounding a to be served, unless the company is noti­ SUBCHAPTER B— LOANS, PURCHASES, AND particular case are closely related to fied to the contrary within that time or OTHER OPERATIONS banking or managing or controlling unless it is permitted to consummate the [CCC Grain Price Support Regs., 1971 banks may file an application in accord­ transaction at an earlier date on the basis Crop Oat Supp.] ance with the procedures set forth in of exigent circumstances of a particular PART 1421— GRAINS AND SIMILARLY paragraph (b) (2) of this section. As to case. If adverse comments of a substan­ HANDLED COMMODITIES such an application, the Board will pub­ tive nature are received by the Reserve lish in the F ederal R eg ister a notice of Bank within 30 days after the company Subpart— 1971 Crop Oat Loan and opportunity for hearing only if it be­ has so published its proposal,4 or if it Purchase Program lieves that there is a reasonable basis otherwise appears appropriate in a par­ for the holding company’s opinion. The ticular case, the Reserve Bank may in­ Correction following activities have been determined form the company that (i) the proposal In F.R. Doc. 71-7016 appearing at ps by the Board to be so closely related to shall not be consummated until specifi­ 9236 in the issue for Friday, May banking or managing or controlling cally authorized by the Reserve Bank or 1971, the following changes should banks as to be a proper incident thereto: by the Board or (ii) the proposal should made in § 1421.274(a): (1) Making or acquiring, for its own 1. The Idaho county listed as “Boon« account or for the account of others, should read “Bonner”. loans and other extensions of credit (in­ a Acting as investment adviser to an open- 2. The rate per bushel for How cluding issuing letters of credit and end investment company or as a manage­ County, Mo., now reading “$0.58”, shot accepting drafts), such as would be made, ment consultant is not regarded by the Board read “$0.62”. for example, by a mortgage, finance, as within the description of this activity. credit card, or factoring company;1 Whether to propose expanding activity (5) to include acting in either or both of those (2) Operating as an industrial bank, capacities is under consideration by the Title 12— BANKS AND BANKING Morris Plan bank, or industrial loan Board. Chapter II— Federal Reserve System company, in the manner authorized by 3 Investing in an industrial development State law so long as the institution does corporation is not regarded by the Board as SUBCHAPTER A— BOARD OF GOVERNORS OF not both accept demand deposits and within the description of this activity. THE FEDERAL RESERVE SYSTEM make commercial loans; Whether to propose adding that and other [Reg. Y ] (3) Servicing loans and other exten­ activities to the list is under consideration. * If a Reserve Bank decides that adverse PART 222— BANK HOLDING sions of credit for any person; comments are not of a substantive nature, COMPANIES the person submitting the comments may 1 Operating a savings and loan association request review by the Board of that decision Nonbanking Activities of Bank is not regarded by the Board as within the in accordance with the provisions of § 265.3 Holding Cotnpanies description of this activity. Whether to pro­ of the Board’s Rules Regarding Delegation pose expanding activity (2) to include op­ of Authority (12 CFR 265.3) by filing a peti­ hr riotice of proposed rule making erating that type of financial institution is tion for review with the Secretary of the published in the Federal R egister on under consideration by the Board. Board.

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10778 RULES AND REGULATIONS be processed in accordance with the pro­ [Reg. Y ] ipates that the municipality will renew cedures of subparagraph (2) of this PART 222— BANK HOLDING the lease annually until such time as-the paragraph. company is fully compensated for its (2) Acquisition of going concern. A COMPANIES investment in the leased property, A bank holding company may apply to the Nonbanking Activities of Bank company authorized under § 222.4(a) Board to acquire or retain the assets Holding Companies may also engage in so-called “bridge” of or shares in a company engaged solely lease financing where the lease is short in activities described in paragraph (a) § 222.123 Activities closely related to term pending completion of long-term of this section by filing an application banking. financing, by the same or another with its Reserve Bank (Form F.R. Y -4 ). (a) Effective June 15, 1971, the Board lender. Every such application shall be accom­ of Governors has amended § 222.4(a) of (e) The authority of holding com­ panied by a copy of a notice of the pro­ Regulation Y to implement its regulatory panies under § 222.4(a) to invest in cor­ posal (in substantially the same form authority under section 4(c) (8) of the porations designed to promote the wel­ as F.R. Y -4 B ) published within the pre­ Bank Holding Company Act. In some re­ fare of their community is intended to ceding 30 days in a newspaper of general spects activities determined by the Board permit holding companies to fulfill their circulation in the communities to be to be closely related to banking are de­ civic responsibilities. Under that author­ served. The Board will publish in the scribed in general terms that will re­ ity a holding company may invest in F ederal R eg ister notice of any such ap­ quire interpretation from time to time. community development corporations plication and will give interested persons The Board’s views on some questions that established pursuant to Federal or State an opportunity to express their views have arisen are set forth below. law. It may also participate in other (including, where appropriate, by meank (b) Section 222.4(a) states that a com­ civic projects, such as a municipal park­ of a hearing) on the question whether pany whose ownership by a bank hold­ ing facility sponsored by a local civic performance of the activity proposed by ing company is authorized on the basis organization as a means to promote the holding company can reasonably be of that section may engage solely in greater use by the public of the com­ expected to produce benefits to the pub­ specified activities. That limitation re­ munity’s facilities. It does not, however, lic, such as greater convenience, in­ fers only to activities the authority for authorize investments (for example, creased competition, or gains in effi­ which depends on section 4(c) (8) of ownership of an apartment complex) ciency, that outweigh possible adverse the Act. It does not prevent a holding that are entered into to a substantial effects, such as undue concentration of company from establishing one subsid­ extent for profit even though to some resources, decreased or unfair competi­ iary to engage, for example, in activities extent the investment will benefit the tion, conflicts of interests, or unsound specified in § 222.4(a) and also fn activi­ community. banking practices. ties that fall within the scope of section (f) Under the procedures in § 222.4 (c) Tie-ins, alterations, relocations, 4 (c )(1 )(C ) of the Act— the “servicing” (c), a holding company that wishes to consolidations. Except as otherwise pro­ exemption. change the location at which it engages in activities authorized pursuant to vided in an order in a particular case, (c) The amendments to § 222.4(a) do § 222.4(a) must publish notice in a news­ the following conditions shall apply with not apply to restrict the activities of a paper of general circulation in the com­ respect to every acquisition consum­ company previously approved by the munity to be served. The Board does mated or activity engaged in on the Board on the basis of section 4(c) (8) of not regard minor changes in location as authority of section 4(c) (8) of the Act: the Act. Activities of a company author­ within the coverage of that requirement. (1) The provision of any credit, property ized on the basis of section 4(c) (8) either A move from one site to another within or services involved shall not be subject before the 1970 Amendments or pursuant move from one site to another within to any condition which, if imposed by a to the amended § 222.4(a) may be a 1-mile radius would constitute such bank, would constitute an unlawful tie- shifted in a corporate reorganization to a minor change if the new site is in the in arrangement under section 106 of .the another company within the holding same State. Bank Holding Company -Act Amend­ company system without complying with ments of 1970; (2) the activities involved the procedures of § 222.4(b), as long as (Interprets and applies 12 U.S.C. 1843 shall not be altered in any significant all the activities of such company are (c )(8 )) respect from those considered by the permissible under one of the exemptions By order of the Board of Governors, Board in making the determination, nor in section 4 of the Act. May 20,1971. provided at any location other than those (d) Permissible leasing activities are described in the notice published with [ s e a l ] K e n n e t h A. K e n y o n , limited to transactions where the lease Deputy Secretary. respect to such determination, except up­ is the functional equivalent of an exten- on compliance with the procedures of tion of credit to the leasee. Accordingly, [FR Doc.71-7658 Filed 6-2-71;8:46 am] paragraph (b) (1) of this section; and a company may engage in leasing under (3) no merger, or acquisition of assets § 222.4(a) if, at the time of the acquisi­ PART 265— RULES REGARDING other than in the ordinary course of tion of the property by the lessor, there business, to which the acquired com­ is a lease agreement that will yield a DELEGATION OF AUTHORITY pany is a party shall be consummated return from (1) rentals, (2) estimated Nonbank Acquisitions by C erta in without prior Board approval, if there­ salvage value at the end of the mini­ One-Bank Holding C o m p a n ie s after the bank holding company will con­ mum useful life allowed by the Internal tinue to own, directly or indirectly, more Revenue Service, and (3) estimated tax Effective March 18,1971, the Board im­ than 5 percent of the voting shares of benefits (investment tax credit and tax plemented its authority to impose con­ such company or its successor. deferral from accelerated depreciation) ditions upon bank holding company ac­ that would result in full recovery of the quisitions and expansions on the basis ***** lessor’s acquisition cost. The Board of section 4(c) (12) of the Bank Holding Effective date: June 15,1971. understands that by law some municipal Company Act. Under the amendment, ac­ By order of the Board of Governors, corporations may not enter into a lease quisitions of a going concern by a com­ May 20, 1971. for a period in excess of 1 year. Such an pany that became a bank holding com­ impediment does not disqualify a com­ pany as a result of the 1970 amendments [ s e a l] K e n n e t h A. K e n y o n , pany authorized under § 222.4 (a) fTom and has elected to divest itself of its bank Deputy Secretary, entering into a lease with the munici­ may normally be made following a simple [P R Doc.71-7657 Filed 6-2-71;8:46 am ] pality if the company reasonably antic­ notification procedure. The Board has

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 RULES AND REGULATIONS 10779

delegated to the Reserve Banks authority § 265.2 Specific functions delegated to 99A airplanes, namely: AD 69-6-6 to administer that procedure. Board employees and Federal Re­ (Amendments 39-740 and 39-757), A D The delegation is reflected in the fol­ serve Banks. 69-8-2 (Amendments 39-744 and 39- lowing amendment to § 265.2(f) of the * * * * * 758), AD 69-13-5 (Amendment 39-790), Board’s Rules Regarding Delegation of (f) Each Federal Reserve Bank is au­ AD 69-15-10 (Amendment 39-806), A D Authority; thorized, as to member banks or other 69-16-3 (Amendment 39-811), AD 69- indicated organizations headquartered 16-6 (Amendment 39-818), AD 69-18-6 § 265.2 Specific functions delegated to (Amendments 39-834 and 39-875), AD Board employees and Federal Re­ in its district: 69-18-7 (Amendment 39-836), A D 69- serve Banks. ***** 18-8 (Amendment 39-839), AD 69-23-7 (20) Under § 222.4(b) (1) of this chap­ ***** (Amendment 39-876), AD 69-24-2 ter (Regulation Y ), and subject to (Amendment 38-879), AD 70-10-1 (f) Each Federal Reserve Bank is au­ § 265.3 if a person submitting adverse (Amendment 39-986), AD 79-23-6 thorized, as to member banks or other comments that the Reserve Bank has de­ (Amendment 39-1108), AD 71-5-3 indicated organizations headquartered in cided are not substantive files a petition (Amendment 39-1159), and AD 71-6-1 its district: for review by the Board of that decision, (Amendment 39-1170). (i) To permit a bank holding company * * * * *> As a result of corrective action taken that has furnished it with a copy of a (19) Under § 222.4(d) of this chapter by the manufacturer, inspections and duly published notice of a proposal to (Regulation Y ), modifications performed on the airplane engagé de novo in activities specified in (i) To notify a bank holding company and changes made to the appropriate § 222.4(a) of this chapter (or retain that has informed it of a proposed ac­ type design data, type certificate data shares in a company established de novo quisition of a going concern that, be­ sheet, airplane flight manual, mainte­ and engaging in such activities) if its cause the circumstances surrounding the nance manual, equipment list and parts evaluation of the considerations specified application indicate that additional in­ manual, the objectives of certain of the in section 4(c) (8) of the Bank Holding formation is required or that the acquisi­ aforementioned ADs have been accom­ Company Act leads it to conclude that tion should be considered by the Board, plished. Accordingly, ADs 69-13-5,69-15- the proposal can reasonably be expected the acquisition should not be consum­ 10, 69-16-3, 69-16-6, 69-18-6, 69-18-7, to produce benefits to the public. mated until specifically authorized by the 69- 18-8, and 69-23-7 are being rescinded. (ii) To notify a bank holding company Reserve Bank or by the Board. These rescissions are set forth in para­ that has furnished it with a duly pub­ graph A of this AD. (ii) To permit a bank holding company lished notice of the kind described in sub­ In addition, following the introduc­ that has informed it of a proposed ac­ division (i) of this subparagraph that tion of new model designs of the Beech quisition of a going concern to make the the proposal should not be consummated acquisition before the expiration of the 99 series airplanes it is necessary to until specifically authorized by the Re­ change the applicability statements of 45-day period referred to in that para- serve Bank or by the Board or that the paph, because exigent circumstances ADs 69-6-6, 69-8-2, 69-24-2, 70-10-1, proposal should be processed in accord­ justify consummation of the acquisition 70- 23-6, 71-5-3, and 71-6-1 to reflect ance with the procedures of § 222.4(b) that these ADs are applicable to all Beech at an earlier time. (2) of this chapter. 99 series airplanes. These changes are set * * * * * (iii) To permit a bank holding com­ forth in paragraph B of this AD. Effective date. This amendment is pany that has furnished it with a duly Based on comments received from the effective May 21, 1971. published notice of the kind described in subdivision (i) of this subparagraph to public it will be necessary to further re­ By order of the Board of Governors, consummate the proposal before the ex­ vise ADs 69-24-2 and 70-23-6 by clarify­ May 13, 1971. piration of the 45-day period referred ing the contents thereof. These two ADs [seal] K enneth A. K enyon, to in § 222.4(b) (1) of this chapter, be­ will be amended in the near future to re­ Deputy Secretary. cause exigent circumstances justify con­ flect these changes. Since this amendment relieves restric­ [FR Doc.71-7659 Filed 6-2-71;8:46 am] summation at an earlier time. * (21) Under § 222.4(c) (2) of this chap­ tions and provides clarification, it im­ ter (Regulation Y ) to permit or stay a poses no additional burden on any per­ son. Consequently, notice and public PART 265— RULES REGARDING proposed de novo modification or relo­ cation of activities engaged in by a bank procedure hereon are unnecessary and DELEGATION OF AUTHORITY holding company on the same basis as the amendment may be made effective in de novo proposals under subparagraph less than thirty (30) days. Nonbank Activities Commenced (20) of this paragraph. In consideration of the foregoing, and de novo ***** pursuant to the authority delegated to me by the Administrator (31 F.R. 13697), Effective June 15, 1971, the Board has Effective date. This amendment is ef­ § 39.13 of Part 39 of the Federal Avia­ implemented its authority under section fective June 15,1971. tion Regulations is amended as follows: 4(c) (8) of the Bank Holding Company By order of the Board of Governors, (A ) ADs 69-13-5 (Amendment 39- Act to permit holding companies to en­ May 20,1971. gage directly or through a subsidiary in 790), 69-15-10 (Amendment 39-806), activities that are “so closely related to [ seal] K enneth A. K enyon, 69-16-3 (Amendment 39-811), 69-16-6 banking or managing or controlling Deputy Secretary. (Amendment 39-818), 69-18-6 (Amend­ ments 39-834 and 39-875), 69-18-7 banks as to be a proper incident thereto.” [F R Doc.71-7656 Filed 6-2-71;8:46 am ] As permitted by section 4 (c )(8 ), the (Amendment 39-836), 69-18-8 (Amend­ Board differentiated in the procedures ment 39-839) and 69-23-7 (Amendment that holding companies must follow in 39-876) are hereby rescinded. expanding their activities under section Title 14— AERONAUTICS (B ) The applicability statements of 4(c) (8) between activities commenced ADs 69-6-6 (Amendments 39-740 and de novo and activities commenced by the AND SPACE 39-757), 69-8-2 (Amendments 39-744 acquisition of a going concern. Chapter I— Federal Aviation Adminis­ and 39-758), 69-24-2 (Amendment 39- 879), 70-19-1 (Amendment 39-986), 70- The Board has delegated to the Re­ tration, Department of Transportation serve Banks authority to permit holding 23-6 (Amendment 39-1108), 71-5-3 J a n i e s to engage de novo in activities [Docket No. 71-CE-16-AD; Amdt. 39-1222] (Amendment 39-1159, and 71-6-1 (Amendment 39-1170) are hereby the Board has determined to be closely PART 39— AIRWORTHINESS related to banking. amended to delete reference to Models DIRECTIVES 99 and 99A airplanes, where it appears delegation is reflected in the fol- and substitute therefore: “All 99 series amendment to § 265.2(f) of the Beech 99 Series Airplanes airplanes”. oards Rules Regarding Delegation of The following Airworthiness Directives Authority: This amendment becomes effective Currently affect Beech Models 99 and June 3, 1971.

No. 107------3 FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10780 RULES AND REGULATIONS

(Secs. 313(a) , 601, 603, Federal Aviation Act amend AD 71-1-1 as applicable to De­ ness directive, applicable to all operators of o f 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. Havilland DHC-6 type airplanes. Douglas DC-9 and MUitary C-9A airplanes, 6(c), Department of Transportation Act, 46 The amendment will permit the use of is effective immediately upon receipt of this U.S.C. 1655(c)) telegram. Because of repeated incidents of a later revision to the incorporated serv­ the pUot’s or first officer’s instrument panel Issued in Kansas City, Mo., on May 24, ice bulletin as well as an equivalency in­ assemblies sliding aft; and in one instance, 1971. spection approved by the Chief, Engi­ producing control column interference, one neering and Manufacturing Branch, of the following alternate actions is to be J o h n A . H argrave, Acting Director, Central Region. Eastern Region, New York. accomplished within 25 flight horns in serv­ Since the foregoing is clarifying in ice after receipt of this telegram: [F R Doc.71-7684 Filed 6-2-71;8:48 am] nature and relaxatory in that it permits (1) Install placard on captain and first equivalent inspections, notice and public officer instrument panel stating “Check panel security before takeoff.” Or [Docket No. 71-EA—74; Arndt. 39-1221] procedure hereon are unnecessary and (2) Incorporate a check item in flight the amendment may be made effective in crew aircraft acceptance check list stating PART 39— AIRWORTHINESS less than 30 days. “Check security of captain and first officer DIRECTIVES In consideration of the foregoing and instrument panels.” Or pursuant to- the authority delegated to (3) In the maintenance program include Cleveland Aircraft Products me by the Administrator, 14 CFR 11.89 security of captain and first officer instru­ The Federal Aviation Administration (31 F.R. 13697), § 39.13 of Part 39 of the ment panel as a “required inspection item” Federal Aviation Regulations is amended whenever the panels are disturbed, subject is amending § 39.13 of Part 39 of the to the approval of the assigned principal Federal Aviation Regulations by amend­ by amending A D 71-1-1 as follows: inspector. ing AD 71-6-8 applicable to wheel assem­ 1. Delete the date “September 9, 1969” (4) Secondary safety latches may be in­ bly P/N3080C. and insert in lieu thereof “December 9, stalled in accordance with Douglas Service Subsequent to the adoption of AD 71- 1969”. Bulletin 31-16, dated October 14, 1969, or 6-8, it was determined that the brake 2. Insert after the date as amended later FAA-approved revision. Accomplish­ the following: “or later approved revision ment of this modification will constitute of disc assembly could be inspected without itself compliance with this AD. its removal from the wheel assembly. or equivalent inspection either of which must be approved by the Chief, Engi­ Equivalent methods of compliance must This amendment will delete such removal be referred to the Chief, Aircraft Engineering requirements. neering and Manufacturing Branch, Division, FAA Western Region. FAA, Eastern Region.” Since this amendment is relaxatory in This amendment is effective June 8, This amendment becomes effective up­ nature and does not impose any addi­ 1971. on publication in the F ederal R egister tional burden on any person, notice and (6-3-71) for all persons except those to public procedure hereon are unnecessary (Secs. 313(a), 601, 603, Federal Aviation Act of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. whom it was made effective immediately and the amendment may be made effec­ by telegram dated May 10, 1971. tive in less than 30 days. 6(c), Department of Transportation Act, 49 U.S.C. 1655(c)) (Secs. 313(a), 601, 603, Federal Aviation In consideration of the foregoing and Issued in Jamaica, N.Y., on May 24, Act of 1958, 49 U.S.C. 1354(a), 1421, 1423; pursuant to the authority delegated to sec. 6(c), Department of Transportation Act, 1971. me by the Administrator, 14 CFR 11.89 49 U.S.C. 1655(c) (31 F.R. 13697), § 39.13 of Part 39 of the W a y n e H e n d e r s h o t , Federal Aviation Regulations is amended Acting Director, Eastern Region. Issued in Los Angeles, Calif., on May 20, by amending AD 71-6-8 as follows: [FR Doc.71-7687 Filed 6-2-71;8:49 am] 1971. L ee E. W arren, 1. By amending the second sentence of Acting Director, paragraph (a ) to read as follows: “Re­ [Airworthiness Docket No. 71-W E -12-AD; FAA Western Region. move wheel assembly, P/N 3080C from Amdt. 39-1217] the aircraft and inspect the brake disc [FR Doc.71-7686 Filed 6-2-71;8:49 am] assembly, P/N 164-32, for cracks in the PART 39— AIRWORTHINESS weld attaching the disc to the cup, using DIRECTIVES [Docket No. 71-EA-44; Amdt. 39-1220] a 10-power glass or other FAA-approved equivalent means.” Douglas Model DC—9 and Military PART 39— AIRWORTHINESS 2. By adding the following statement: C—9A Airplanes DIRECTIVES “Upon submission of substantiating data Pursuant to the authority delegated Piper Aircraft through an FAA Maintenance Inspector, to me by the Administrator (31 F.R. by an owner or operator, the Chief, Engi­ 1369.7) an airworthiness directive was The Federal Aviation Administration neering and Manufacturing Branch, may adopted on May 10, 1971, and made is amending § 39.13 of Part 39 of the permit compliance at an established in­ effective immediately as to all known Federal Aviation Regulations so as to spection period of the owner or operator.” U.S. operators of Douglas DC-9 and Mili­ issue an airworthiness directive appli­ This amendment is effective June 8, tary C-9A airplanes. The directive re­ cable to Piper PA-23 type airplanes. 1971. quires installation of a placard or certain There has been a report of a failure of alternate procedures to verify instru­ the engine control support bracket on the (Sec. 313(a), 601, 603, Federal Aviation Act cockpit control pedestal of the PA-23. of 1958, 49 UJ3.C. 1354(a), 1421, 1423; sec. ment panel security. Since this deficiency can exist or develop 6(c), Department of Transportation Act, Since it was found that immediate cor­ in airplanes of similar design, an air­ 49 U.S.C. 1655(c)) rective action was required, notice and worthiness directive is being issued which public procedure thereon was impracti­ Issued in Jamaica, N.Y., on May 21, will require a repetitive inspection of the 1971. cable and contrary to the public interest and good cause existed for making the bracket. W a y n e H e n d e r s h o t , Since a situation-exists which requires '> Acting Director, Eastern Region. airworthiness directive effective imme­ diately as to all known U.S. operators of expeditious adoption of this amendment, [FR Doc.71-7685 Filed 6-2-71;8:48 am ] Douglas DC-9 and Military C-9A air­ it is found that notice and public pro- planes by individual telegrams dated eedure hereon are impractical and the amendment may be made effective in [Docket No. 71-EA-51; Amdt. 39-1223] May 10, 1971. These conditions still exist and the airworthiness directive is Less than 30 days. PART 39— AIRWORTHINESS hereby published in the F ederal R eg ­ In consideration of the foregoing and DIRECTIVES ist e r as an amendment to § 39.13 of Part pursuant to the authority delegated to ne by the Administrator, 14 CFR l L °f DeHavilland Aircraft 39 of the Federal Aviation Regulations to make it effective as to all persons. (31 F.R. 13697), § 39.13 of Part 39 of the The Federal Aviation Administration Pursuant to the authority of the Federal Federal Aviation Regulations is amended is amending § 39.13 of Part 39 of the Aviation Act of 1958, delegated to me by py adding the following new Airworthi­ Federal Aviation Regulations so as to the Administrator, the following airworthi­ ness Directive:

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 RULES AND REGULATIONS 10781

Piper Aircraft. Applies to all PA-23 and PA- (36 FJt. 5211) effective on June 24, 1971. and a standard of quality (§ 28.2) for 23-160 type aircraft serial Nos. 23-1 and This document amended Parts 71 and frozen cherry pie: up and PA-23-250 aircraft serial Nos. 75 of the Federal Aviation Regulations A notice of proposed rule making in 27-1 through 27-140 inclusive. by altering VOR Federal airway and jet the above-identified matter was pub­ Compliance required as indicated unless route segments in the vicinity of El Paso, lished on the initiative of the Commis­ already accomplished. Tex., to conform to the relocation of the sioner of Food and Drugs in the F ederal To prevent failure of the engine controls El Paso VORTAC. R eg ister of November 1, 1967 (32 F.R. support bracket in the cockpit pedestal, ac­ 15116). An order adopting the proposal, complish the following: Subsequent to the publication of these 1. Within 15 hours’ time in service for air­ amendments, it was determined that the with changes, was published February 23, planes with 2,000 hours or more total time relocation of the El Paso VORTAC would 1971 (36 F.R. 3364), to become effective and 50 hours’ time in service with less than not be completed by the designated ef­ in 60 days unless stayed by objections 2,000 hours’ total time after the effective fective date. Accordingly, action is taken filed within 30 days. date of this AD, visually inspect P/N herein to delay the effective date of the Eight responses were filed within the 17892-00 engine control cable support bracket amendments until July 22, 1971. 30-day period. One of these includes a for cracks, distortion and security of at­ proposal to establish a standard of iden­ tachment. Any part found cracked or dis­ Since this amendment is minor in na­ tity and a standard of fill of container torted must be replaced prior to further ture and no substance change in the flight. regulation is effected, notice and public for all frozen fruit pies and a standard 2. The inspection described in paragraph procedure thereon are unnecessary, and of quality for frozen cherry pie that devi­ (1) above must be accomplished at inter­ good cause exists for making this amend­ ates from § 28.2. Several requested that vals of 100 hours’ time in service until an ment effective on less than 30 days notice. the effective date of §§ 28.1 and 28.2 be improved bracket, Piper P/N 16975-00 or an extended to provide time for compliance. In consideration of the foregoing, ef­ equivalent part approved by the Chief, Engi­ The Commissioner finds that addi­ neering and Manufacturing Branch, PAA fective upon publication in the F ederal tional time, 60 days, is needed (1) for Eastern Region, is installed. Upon installa­ R egister (6-3-71), F.R. Doc. 71-3758 tion of the improved part, the above repeti­ (36 F.R. 5211) is amended by deleting determining if any of the responses con­ tive inspections are no longer required. “effective 0901 G.m.t., June 24, 1971,” stitute valid objections and (2) for 3. Upon submission of substantiating data and substituting “effective 0901 G.m.t., evaluating the new proposal regarding through an PAA maintenance inspector by July 22,1971,” therefor. all frozen fruit pies. an owner or operator, the Chief, Engineering Therefore, pursuant to provisions of and Manufacturing Branch, FAA Eastern (Sec. 307(a), Federal Aviation Act of 1958 the Federal Food, Drug, and Cosmetic Region, may adjust the compliance time (49 U.S.C. 1348(a); sec. 6 (c ), Department of specified in this AD. Transportation Act 49 UJ5.C. 1655(c) ) ) Act (secs. 401, 701, 52 Stat. 1046, 1055, as amended 70 Stat. 919, 72 Stat. 948; (Piper Aircraft Corp. Service Bulletin No. 335 Issued in Washington, D.C., on May 25, ¿1 U.S.C. 341, 371) and under authority pertains to this subject). 1971. delegated to the Commissioner (21 CFR This amendment is effective June 8, T . M cC o r m a c k2.120):, It is ordered, That the effective 1971. Acting Chief, Airspace and date of §§ 28.1 and 28.2 be changed to Air Traffic Rules Division. (Secs. 313(a), 601, 603, Federal Aviation Act June 23,1971. of 1958, 49 U.S.C. 1354(a), 1421, 1423; sec. [FR Doc.71-7689 Filed 6-2-71; 8:49 am ] Dated: May 24,1971. 6(c), Department of Transportation Act, 49 U.S.C. 1655(c)) S a m D. F i n e , Associate Commissioner for Issued in Jamaica, N.Y. on May 21, 1971. Title 16— COMMERCIAL Compliance. W a y n e H e n d e r s h o t , [F R Doc.71-7665 Filed 6-2-71;8:47 am] Acting Director, Eastern Region. PRACTICES [PR Doc.71-7688 Piled 6-2-71;8:49 am] Chapter I— Federal Trade Commission SUBCHAPTER E— RULES, REGULATIONS, STATE­ [ Airspace Docket No. 71-WE-19 ] MENT OF GENERAL POLICY OR INTERPRETA­ Title 24— HOUSING AND PART 71— DESIGNATION OF FEDERAL TION AND EXEMPTIONS UNDER THE FAIR PACKAGING AND LABELING ACT HOUSING CREDIT AIRWAYS, AREA LOW ROUTES, [Docket No. R-71-114] CONTROLLED AIRSPACE, AND RE­ PART 500— REGULATIONS UNDER PORTING POINTS SECTION 4 OF THE FAIR PACKAG­ Subtitle A— Office of the Secretary, ING AND LABELING ACT Department of Housing and Urban Alteration of Transition Area Measurement of Commodities Development Correction Correction PART 60— RACIAL AND ETHNIC DATA P.R. D oc. 71-6935 appearing on page 9067 in the issue for Wednesday, May 19, In F.R. Doc. 71-7423 appearing at page Chapter II— Federal Housing Admin­ 1971, the reference to “236°" in the 9625 in the issue for Thursday, May 27, istration, Department of Housing 11th line of the description of the 1971, the word “quality” in the first line and Urban Development Hanks ville, Utah, trasition area should of § 500.11 should read “quantity”. read “286°”. SUBCHAPTER A— GENERAL PART 200— INTRODUCTION [ Airspace Docket No. 71-SW-2 ] Title 21— FOOD AND DRUGS Subpart I— Nondiscrimination and PART 71— DESIGNATION OF FEDERAL Chapter I— Food and Drug Adminis­ Fair Housing AIRWAYS, AREA LOW ROUTES, tration, Department of Health, Edu­ I dentification o f M in o r it y G r o u p s CONTROLLED AIRSPACE, AND RE­ cation, and Welfare The following new Part 60— Racial and PORTING POINTS SUBCHAPTER B— FOOD AND FOOD PRODUCTS Ethnic Data is added to 24 CFR. Part 60 PART 75— ESTABLISHMENT OF JET provides for the furnishing of informa­ PART 28— FRUIT PIES tion concerning minority-group identi­ ROUTES AND AREA HIGH ROUTES Order Extending Effective Date of fication of participants in Housing and Alteration of Federal Airways and Identity Standard and Quality Urban Development pregrams. Jet Route Segments Standard for Frozen Cherry Pie The Secretary is responsible for ad­ ministering a variety of civil rights laws ° n March 18, 1971, P.R. Doc. 71-3758 In the matter of establishing a defini­ and Executive orders including title V III Published in the F ederal R eg ist e r tion and standard of identity (§ 28.1), of the Civil Rights Act of 1968, title V I

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10782 RULES AND REGULATIONS of the Civil Rights A c to f 1964, and Ex­ tering the national policies prohibiting § 301.6503(b) Statutory provisions; ecutive Order 11063 concerning nondis­ discrimination and providing for fair suspension o f running of period of crimination in housing and related housing. limitation; assets o f taxpayer in con­ facilities. In order to carry out these re­ trol or custody o f court. 2. In Part 200, the table of contents sponsibilities, and to enable the Secre­ is amended by deleting the title of Sec. 6503. Suspension of running of period tary to act affirmatively in eliminating of limitation. * * * § 200.306 under Subpart I: discrimination in all HUD programs, in­ (b ) Assets of taxpayer in control or cus­ formation as to the racial and ethnic Sec. tody of court. The period of limitations on composition of applicants for and recipi­ 200.306 [Reserved] collection after assessment prescribed in section 6502 shall be suspended for the period ents of H UD assistance is essential. § 200.306 [Deleted] the assets of the taxpayer are in the control In an amendment to 24 CFR Part 200 or custody of the court in any proceeding (36 F.R. 4542) published March 9, 1971, 3. Section 200.306 Minority-group before any court of the United States or of the furnishing of information concerning identification is deleted, and the section any State or of the District of Columbia, and minority-group identification was re­ is reserved. for 6 months thereafter. quired in connection with all programs Effective date. This regulation is effec­ [Sec. 6503(b) as amended by sec. 106(a), administered by the Assistant Secretary tive June 2,1971. Federal Tax Lien Act 1966 (80 Stat. 1139)] for Mortgage Credit and Housing Pro­ P ar . 2. Section 301.6503 ( b ) - l is duction. This amendment is superseded G eorge R o m n e y , amended to read as follows: by new Part 60, which applies to all HUD Secretary of Housing and programs. Urban Development. § 301.6503(b)—1 Suspension of running In view of the fact that the furnishing of period of limitation; assets of tax­ [FR Doc.71-7697 Filed 6-2-71;8:50 am] payer in control or custody of court. of minority-group identification is al­ ready required in those H UD programs Where all or substantially all of the where the largest volume of such infor­ assets of a taxpayer are in the control or mation is generated, and since there is custody of the court in any proceeding an immediate need for such information Title 26-INTERNAL REVENUE before any court of the United States, or in other H UD programs, notice and pub­ Chapter I— Internal Revenue Service, of any State of the United States, or of lic procedure and a deferred effective Department of the Treasury the District of Columbia, the period of date are impracticable and contrary to limitations on collection after assessment the public interest, and new Part 60 is SUBCHAPTER F— PROCEDURE AND prescribed in section 6502 is suspended effective immediately. However, all in­ ADMINISTRATION with respect to the outstanding amount terested persons are invited to submit [T.D. 7121] due on the assessment for the period such assets are in the control or custody written comments or suggestions with PART 301— PROCEDURE AND respect to this regulation, which may be of the court, and for 6 months thereafter. later revised in the light of comments ADMINISTRATION In the case of an estate of a decedent or received. Three copies of such comments Suspension of Running of Period of an incompetent, the period of limitations on collection is. suspended only for should be filed on or before July 6, 1971, Limitation and addressed to the Assistant Secretary periods begining after November 2,1966, for Equal Opportunity, Department of On March 18, 1971, notice of proposed during which assets are in the control Housing and Urban -Development, 451 rule making with respect to the amend­ or custody of a court, and for 6 months Seventh Street SW., Washington, DC ment of the Regulations on Procedure thereafter. 20410. A copy of each communication and Administration (26 CFR Part 301) P ar. 3. Section 301.6503(c) is amended will be available for public inspection under section 6503 (b ), (c), and (g) by revising section 6503(c) and by add­ during business hours in the H UD Infor­ of the Internal Revenue Code of 1954 ing a historical note. These amended and mation Center, at the above address. (relating to the suspension of the run­ added provisions read as follows: 1. New Part 60 is added to 24 CFR toning of period of limitation) was pub­ § 301.6503(c) Statutory provisions; sus­ read as follows: lished in the F ederal R egister (36 F.R. pension of running of period of lim­ Sec. 5243). After consideration of all such itation; taxpayer ojutside United 60.1 Purpose. relevant matter as was presented by States. 60.2 Minority-group identification. interested persons regarding the rules Sec. 6503. Suspension of running of period A u t h o r it y : The provisions of this Part 60 proposed, the amendment of the regula­ of limitation. * * * issued under Executive Order 11063, 27 F.R. tions as proposed is hereby adopted. (c) Taxpayer outside United States. The 11527; sec. 602, 72 Stat. 252,42 U.S.C. 2000d-l; (Sec. 7805, Internal Revenue Code of 1954 running of the period of limitations on col­ lection after assessment prescribed in section sec. 808, 82 Stat. 84, 42 U.S.C. 3608; sec. 2, 48 (68A Stat. 917; 26 U.S.C. 7805)) Stat. 1246, 12 U.S.C. 1703; sec. 7 (d ), 79 Stat. 6502 shall be suspended for the period during 670, 42 U.S.C. 3535(d). [ s e a l ] R a n d o l p h W. T h r o w e r , which the taxpayer is outside the United Commissioner of Internal Revenue. States if such period of absence is for a con­ § 60.1 Purpose. tinuous period of at least 6 months. If the Approved: May 28,1971. preceding sentence applies and at the time oi The purpose of this part is to enable the taxpayer’s return to the United States the Secretary to carry out his responsi­ E d w i n S. C o h e n , the period of limitations on collection after bilities under the provisions of Execútive Assistant Secretary assessment prescribed in section 6502 would Order 11063, dated November 20, 1962, of the Treasury. expire before the expiration of 6 months title V I of the Civil Rights Act of 1964, from the date of his return, such period shau and title V H I of the Civil Rights Act of In order to conform the Regulations not expire before the expiration of such o 1968 prohibiting discrimination and pro­ on Procedure and Administration (26 months. viding for fair housing and directing the CFR Part 301) under section 6503 of [Sec. 6503(c) as amended by sec. 106(b). Secretary to administer Housing and the Internal Revenue Code of 1954 to Federal Tax Lien Act 1966 (80 Stat. 113»; J Urban Development programs and ac­ sections 106 (a) and (b) of the Federal P ar. 4. Section 301.6503 (c) —1 i® tivities in a manner affirmatively to Tax Lien Act of 1966 (80 Stat. 1125) and amended to read as follows: further these policies. to provide regulations under section 6503(g) of such Code, as added by sec­ § 301.6503 ( c ) - l Suspension of run­ § 60.2 Minority-group identification. tion 106(c) of such Act, such regulations ning of period of limitation; Ioc? are amended as follows: o f property outside the United S Participants in Housing and Urban or removal of property from Development programs shall furnish P aragraph 1. Section 301.6503(b) is United States; taxpayer outside oi such information as the Secretary may amended by revising section 6503(b) and United States. require concérning minority-group iden­ by adding a historical note. These (a) Property located outside, or re- tification to assist the Secretary in car­ amended and added provisions read as rying out his responsibility for adminis­ follows: moved from, the United States p

FEDERAL REGISTER, V O L 36, NO. 107— THURSDAY, JUNE 3, 1971 RULES AND REGULATIONS 10783

to November 3, 1966. The running of the tary or his delegate to the date the Secretary diately prior to the effective date of this period of limitations on collection after or his delegate returns property pursuant to section, but not re-enacted by this Act, assessment prescribed in section 6502 is section 6343(b) or the date on which a shall remain in force as rules or regu­ Judgment secured pursuant to section 7426 suspended for the period of time, prior with respect to such property becomes final, lations of the Postal Service established to November 3, 1966, that collection is and for 30 days thereafter. The running of by this Act * * One such provision hindered or delayed because property of the period of limitations on collection after that is not explicitly covered in codified the taxpayer is situated or held outside assessment shall be suspended under this postal regulations is 39 U.S.C. sec. 5103 the United States or is removed from the subsection only with respect to the amount (c) which reads as follows: “The rec­ United States. The total suspension of of such assessment equal to the amount of ords of the Department shall serve as the time under this provision shall not in money or the value of specific property basis for adjudicating claims for pay­ returned. the aggregate exceed 6 years. In any ment of money orders.” Title 39 CFR case in which the district director deter­ [Sec. 6503(g) as added by sec. 106(c), Federal 171.3(a) is amended to include this mines that collection is so hindered or Tax Lien Act 1966 (80 Stat. 1140) ] provision. delayed, he shall make and retain in the § 301.6503(g)—1 Suspension of run­ Since the amendment does not change files of his office a written report which ning of period of limitation; wrong­ existing legal rules, notice of proposed shall identify the taxpayer and the tax ful seizure o f property o f third rulemaking and a delayed effective date liability, shall show what steps were party. are unnecessary. Accordingly, § 171.3(a) taken to collect the tax liability, shall The running of the period of limita­ is amended to read as follows: state the grounds for his determination tions on collection after assessment pre­ § 171.3 Cashing money orders. that property of the taxpayer is situated scribed in section 6502 (relating to collec­ or held outside, or is removed from, the (a) Restrictions on payment. No tion after assessment) shall be suspended United States, and shall show the date money orders shall be paid after 20 for a period equal to a period beginning years from the last day of the month of on which it was first determined that on the date property (including money) collection was so hindered or delayed. original issue. The records of the Postal is wrongfully seized or received by a dis­ The term “property” includes all prop­ Service shall serve as the basis for adju­ trict director and ending on the date 30 erty or rights to property, real or per­ dicating claims for payment of money days after the date on which the district sonal, tangible or intangible, belonging orders. director returns the property pursuant to the taxpayer. The suspension of the to section 6343(b) (relating to authority * * * * • running of the period of limitations on to return property) or the date 30 days Effective date. The foregoing amend­ collection shall be considered to begin after the date on which a judgment ment is effective upon publication in the on the date so determined by the dis­ secured pursuant to section 7426 (relat­ F ederal R e g ister (6-3-71). trict director. A copy -of the report shall ing to civil actions by persons other be mailed to the taxpayer at his last (5 U.S.C. 301, 39 TJ.S.C. 501, 5103(c)) than taxpayers) with respect to such known address. property becomes final. The running of D avid A. N e l s o n , (b) Taxpayer outside United States the period of limitations on collection General Counsel. after November 2, 1966. The running of after assessment shall be suspended un­ [FR Doc.71-7698 Filed 6-2-71;8:50 am ] the period of limitations on collection der this section only with respect to'the after assessment prescribed in section amount of such assessment which is equal 6502 (relating to collection after ¡assess­ to the amount of money or the value of ment) is suspended for the period after specific property returned. This section Title 45— PUBUC WELFARE November 2, 1966, during which the tax­ applies in the case of property wrong­ payer is absent from the United States if fully seized or received after November 2, Chapter II— Social and Rehabilitation such period is a continuous period of 1966. Service (Assistance Programs), De­ absence from the United States extend­ ing for 6 months or more. In a case where Example. On June 1, 1968 (at which time partment of Health, Education, and 10 months remain before the period of Welfare the running of the period of limitations limitations on collection after assessment will has been suspended under the first sen­ expire), the c’istrict director wrongfully PART 206— APPLICATION, DETERMI­ tence of this paragraph and at the time seizes $1,000 in B ’s account in Bank X and of the taxpayer’s return to the United properly seizes $500 in taxpayer A ’s account NATION OF ELIGIBILITY AND FUR­ States the period of limitations would in Bank Y in an attempt to satisfy A’s as­ NISHING OF ASSISTANCE— PUBLIC expire before the expiration of 6 months sessed tax liability of $1,500. The district ASSISTANCE PROGRAMS “ °m the date of his return, the period director determines that the $1,000 seized in Bank X was not the property of taxpayer State Plan Requirements of limitations shall not expire until after A and, on March 1,1969, he returns the $1,000 6 months from the date of the taxpayer’s to B. As a result of the wrongful seizure, Part 206 of Chapter n of Title 45 of return. The taxpayer will be deemed to be the running of the period of limitations on the Code of Federal Regulations is absent from the United States for pur­ collection after assessment of the amount amended to make clear that persons who poses of this section if he is generally owed by taxpayer A is suspended for the 9- accompany and assist applicants and ana substantially absent from the United month period (beginning June 1, 1968, when recipients in their contacts with the wel­ the money was wrongfully seized and ending states, even though he makes casual fare agency, may also represent them. temporary visits during the period. March 1, 1969, when the money was returned to B ) , plus 30 days. Therefore, the period of Since this amendment is for purpose of P ar. 5. Immediately after § 301.6503(f) limitations on collection after assessment clarification, and simply restores lan­ are added new §§ 301.6503(g) and prescribed in section 6502 will not expire guage which appeared in the notice of 01.6503(g )-i. These new provisions read- until February 1, 1970, which is 10 months proposed regulations published in the as follows: plus 30 days after the money was returned. F ederal R e g ister on Thursday, Decem­ [FR Doc.71-7733 Filed 6-2-71;8:52 am] ber 3, 1970 (35 F.R. 18402), the proposed § 1.6503(g) Statutory provisions ; sus­ rule making procedure is not repeated. pension of running o f period o f lim- Accordingly, § 206.10(a) (1) is revised to ltation ; wrongful seizure o f property read as set forth below: ot third party. Title 39— POSTAL SERVICE § 206.10 Application, determination of of^Umitat^' ^ sPens*on ° f rufining of periQi eligibility and furnishing of assist­ Chapter I— Post Office Department ance. ^ y °n9ful seizure of property of thir PART 171— MONEY ORDERS tinno’ Tlle running of the period of limita (a) State plan requirements. A State sr-rthQ 5"n collection after assessment pre Cashing of Money Orders plan under title I, IV -A , X, XIV, XVI, a section 6502 shall be suspended fo or X IX of the Social Security Act must Dronow^ ?5ual to the period from the dat Section 5(f) of the Postal Reorgani­ provide that: is wrnnL(l,?Cluding money) of a third part zation Act provides in part that “provi­ (1) Each individual wishing to do so giully seized or received by the Secre sions of title 39, U.S.C., in effect imme­ will have the opportunity to apply for

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10784 RULES AND REGULATIONS assistance without delay. Under this re­ ceeding is considered in order to make Adopted: May 26,1971. quirement: (i) The agency accepts ap­ changes in the FM Table of Assignments Released: May 28,1971. plication from the applicant himself, his that would eliminate the short-spacing. designated representative, or someone More specifically, the notice proposed F ederal Communications acting responsibly for him, in person, that Channel 292A would be assigned to Commission,2 by mail or by telephone; (ii) an appli­ Benton; while there would be a short­ [ seal] B e n F. W aple, cant may be assisted, if he so desires, spacing of about 3 miles to Station Secretary. by an individual (s) of his choice (who KSGM -FM , Channel 289, Ste. Genevieve, [FR Doc.71-7709 Filed 6-2-71;8:50 am] need not be a lawyer) in the various Mo., sites are available east of Benton aspects of the application process and which would obviate this short-spacing. the redetermination of eligility, and may In order to make these changes, it was be accompanied by such individual (s) also necessary to propose the substitution in contacts with the agency and when so of Channel 261A for 249A at Salem, HL, Title 49— TRANSPORTATION accompanied may also be represented and Channel 249A for 292A at West Chapter I— Hazardous Materials Reg­ by them; (iii) individuals eligible for Frankfort, HI. The latter would also re­ ulations Board, Department of financial assistance are eligible for medi­ move about a 3-mile short-spacing to Transportation cal assistance without a separate Station KSGM-FM. [Docket No. HM-65; Arndt. 177-16] application. 4. Filing comments and favoring the • * * * * proposed changes are the respective ap­ PART 177— SHIPMENTS MADE BY (Sec. 1102, 49 Stat. 647; 42 U.S.C. 1302) plicants for channels at Salem and West WAY OF COMMON, CONTRACT, Frankfort: The applicant for the Salem OR PRIVATE CARRIERS BY PUBLIC Effective date. The regulations in this channel is Thomas S. Land and Bryan section shall be effective on the date of Davidson, doing business as Salem HIGHWAY their publication in the Federal R egis­ Broadcasting Co. (BPH-6321). In this Bonding and Grounding Flammable ter (6-3-71). respect, paragraph 4 of the notice in­ Liquid Cargo Tanks Dated: April 29,1971. dicated that in the event that the Salem FM allocation is changed, Salem Broad­ The purpose of this amendment to the John D. T w inam e, casting Co. would be allowed to amend Department’s Hazardous Materials Reg­ Administrator, Social and its application to change channel with­ ulations is to provide specific require­ Rehabilitation Service. out fee and remain in hearing status ments for bonding and grounding cargo Approved: May 26,1971. (Docket No. 18290). The other party fil­ tanks before and during transfer of lad­ Elliot L. R ichardson, ing comments was Pyramid Radio Broad­ ing. Also, the requirements for transfer Secretary. casting and Television Co., Inc., licensee of flammable liquids while the motor ve­ hicle engine is running are clarified. [FR Doc.71-7696 Filed 6-2-71;8:50 am] of daytime radio Station W FRX, West Frankfort, 111., and applicant for the On December 2, 1970, the Hazardous FM channel at that community (B P H - Materials Regulations Board published a 7199). This party indicated that it sup­ notice of proposed rule making, Docket Title 47— TELECOMMUNICATION ported the rule making since it would No. HM-65; Notice No. 70-21 (35 F.R. eliminate a slight short spacing between 18323) which proposed this amendment. Chapter I— Federal Communications Station K SGM -FM , Ste. Genevieve, Mo., Interested persons were invited to give Commission and West Frankfort and would reduce their views and several comments were the prohibitive short spacing between received by the Board. On April 20, [Docket No. 19102; FCC 71-564] Channel 252A at Benton and Station 1971, at the invitation of the Secretary PART 73— RADIO BROADCAST KRCH.1 As already indicated, the appli­ of the Board, a meeting was held be­ cation of Rend Lake Broadcasting Co. tween the commenters and the Depart­ SERVICES ment to give all interested persons the has remained in a tendered status pend­ opportunity to clarify their comments to FM Broadcast Stations; Table of ing the outcome of this proceeding. this Docket. Assignments, Benton, III., etc. 5. It would appear that the public in­ Several commenters noted that pro­ terest, convenience, and necessity would Report and order. In the matter of posed § 177.837(c) (2) overlooked the be served by making the proposed amendment of § 73.202(b), Table of As­ possibility that a dangerous condition changes as set out in our notice. signments, FM Broadcast Stations. could be created by an open vent close (Benton, 111.; Salem, HI.; West Frank­ 6. Accordingly, pursuant to the au­ to a vapor-tight connection, as the De" fort, HI.) thority contained in sections 4 (i), 303 partment’s regulations do not specify the 1. The Commission here considers the (g) and (r), and 307(b) of the Com­ relative location of vents to connections. Other commenters suggested that this notice of proposed rule making, adopted munications Act of 1934, as amended, the subparagraph should cover unloading. December 2, 1970, in this proceeding FM Table of Assignments, § 73.202(b) (FCC 70-1259; 35 F.R. 18678). Several commenters objected to proposea 2. The Commission on its own motion is amended, effective July 13, 1971, as § 177.837(c) (3), noting that its purpose considered amendments to the FM Table concerns the following communities in from a safety standpoint was not aPP^‘ of Assignments (§ 73.202(b) of the rules). Illinois: ent. They stated that application of uie The specific problem is that Channel Channel proposed rule would result in seno 252A at Benton, HI., no longer complies City No. difficulties in tank truck operations, sev­ with the spacing requirements of the Benton, 111______292A eral suggestions were made to ^Y18® rules. The short-spacing was the result Salem, III______261A wording. The Board finds that tnese of moving the transmitter site of Station West Frankfort, 111______249A comments have merit and has inco^j' rated appropriate changes in m KRCH, Channel 251, St. Louis, Mo., from 7. It is further ordered, That this pro­ Zone I to Zone n , with the resulting amendment. _ . »w is ceeding is terminated. Accordingly, 49 CFR Part 177 change in class from B to C, and a re­ quired mileage separation of 105 miles (Secs. 4, 303, 307, 48 Stat., as amended, 1066, amended as follows: . In § 177.837, paragraph (a) and vne (distance is 89 miles). 1082,1083; 47 U.S.C. 154, 303, 307) first sentence of paragraph 3. On August 14, 1970, Rend Lake amended; a new paragraph (c) is aaaeu Broadcasting Co. tendered an applica­ 1 The proposed use of Channel 292A at tion for filing for the Channel 252A Benton would Involve a slight short spacing to read as follows: assignment at Benton, Hi! That applica­ to Station K SGM -FM , hut sites east of Ben­ 2 Commissioner Wells absent. tion is in pending status while this pro­ ton are available.

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 RULES AND REGULATIONS 10785

§ 177.837 Flammable liquids. ulations is to increase the maximum al­ Chapter X— Interstate Commerce (See also § 177.834 (a ) to (k ).) lowable tensile strength of the steel in Commission specification 3HT cylinders from 160,000 (a) Engine stopped. Unless the engine p.s.i. to 165,000 p.s.i. SUBCHAPTER A— GENERAL RULES AND of the motor vehicle is to be used for On December 16, 1970, the Hazardous REGULATIONS the operation of a pump, no flammable Materials Regulations Board published a [4th Rev. S.O. 1061] liquid shall be loaded into, or on, or notice of proposed rule making, Docket PART 1033— CAR SERVICE unloaded from any motor vehicle while No. HM-71; Notice No. 70-26 (35 F.R. the engine is running. 19025), which proposed this amendment. Return of Hopper Cars (b) Bonding and grounding containers Interested persons were invited to give At a session of the Interstate Com­ other than cargo tanks prior to and their views on the proposal. No objections during transfer of lading. * * * merce Commission, Railroad Service were received. One commenter noted that Board, held in Washington, D.C., on the (c) Bonding and grounding cargo the prosposed text did not clearly state tanks before and during transfer of lad­ 21st day of May 1971. if all cylinders in a rejected lot would It appearing, that an acute shortage ing. (1) When a cargo tank is loaded require measurement of the sidewall through an open filling hole, one end of of hopper cars exists on the railroads thickness. It is the intent of the Board named in paragraph (a) (1) herein; that a bond wire shall be connected to the to require that all cylinders be checked. stationary system piping or integrally shippers located on the lines of these car­ The Board believes that the sidewall riers are being deprived of hopper cars connected steel framing, and the other verification on specification 3HT cylin­ end to the shell of the cargo tank to pro­ required for loading, resulting in an ders is more critical than for other cylin­ emergency, forcing curtailment of their vide a continuous electrical connection. ders because of the thinness of the wall. (If bonding is to the framing, it is essen­ operations, and thus creating great eco­ A change has been made in the text to nomic loss and reduced employment of tial that piping and framing be electri­ clarify the intent of the regulation. cally interconnected.) This connection their personnel; that hopper cars, after Accordingly, 49 CFR Part 178 is must be made before any filling hole is being unloaded, are being appropriated amended as follows: opened, and must remain in place until and being retained in services for which after the last filling hole has been closed. In § 178.44-21, paragraph (a) (2) is they have not been designated by the Additional bond wires are not needed amended; in § 178.44-22, paragraph (b) car owner; that present regulations and around All-Metal flexible or swivel is added to read as follows: practices with respect to the use, sup­ ply, control, movement, distribution, ex­ joints, but are required for nonmetallic § 178.44 Specification 3 H T ; inside con­ flexible connections in the stationary tainers, seamless steel cylinders for change, interchange, and return of hop­ system piping. When a cargo tank is un­ aircraft use made of definitely pre­ per cars are ineffective. It is the opinion loaded by a suction-piping system scribed steel. of the Commission that an emergency through an open filling hole of the cargo exists requiring immediate action to pro­ § 178.44—21 Acceptable results o f tests. tank, electrical continuity shall be main­ mote car service in the interest of the tained from cargo tank to receiving tank. (a) * * * public and the commerce of the people. (2) When a cargo tank is loaded or un­ (2) Tensile strength shall not exceed Accordingly, the Commission finds that loaded through a vapor-tight (not open 165,000 p.s.i. notice and public procedure are imprac­ hole) top or bottom connection, so that ***** ticable and contrary to the public in­ there is no release of vapor at a point terest, and that good cause exists for § 178.44—22 Rejected cylinders. making this order effective upon less where a spark could cccur, bonding or ***** than 30 days’ notice. grounding, is not required. Contact of the closed connection must be made before (b) For each cylinder subjected to re­ I t is ordered, That: flow starts and must not be broken until heat treatment during original manu­ after the flow is completed. facture, sidewall measurements must be § 1033.1061 Service Order No. 1061. made to verify that the minimum side- (3) Bonding or grounding is not re­ (a) Regulations for return of hopper wall thickness meets specification re­ quired when a cargo tank is unloaded cars: Each common carrier by railroad quirements after the final heat through a nonvapor-tight connection subject to the Interstate Commerce Act, treatment. ihto a stationary tank provided the with the exception of those carriers metallic filling connection is maintained This amendment is effective August 31, named in Service Order No. 1043 (Serv­ ice Order No. 1043 remains in effect, and in contact with the filling hole. 1971, however, compliance with the carriers named therein must continue to ***** regulations as amended herein is au­ comply with its provisions), shall ob­ This amendment is effective August 31, thorized immediately. serve, enforce, and obey the following 1971; however, compliance with the regu­ (Sec. 831-835, Title 18, United States Code; rules, regulations, and practices with re­ lations as amended herein is authorized sec. 9, Department of Transportation Act (49 spect to its car service: wunediately. U.S.C. 1657); title VT; sec. 902(h), Federal (1) Exclude from all loading and re­ (Secs. 831-835, Title 18, United States Code; Aviation Act of 1958 (49 U.S.C. 1421-1430, turn to owner empty, except as other­ 1472(h)) /Ü^' ®’ DePartment of Transportation Act wise authorized in subparagraphs (4 ), (49 U.S.C. 1657) ) Issued in Washington, D.C., on May 27, (5), and (6) of this paragraph, all hop­ per cars owned by the following issued in Washington, D.C., on May 27, 1971. § l. railroads: W . F. R ea HI, K e n n e t h L . P ie r s o n , Rear Admiral, U.S. Coast Guard, The Akron, Canton & Youngstown Railroad Acting Director, Bureau of Co. By direction of Commandant, Reporting marks: ACY. Motor Carrier Safety, Federal U.S. Coast Guard. Highway Administration. Burlington Northern, Inc. Reporting marks: BN, CB&Q, GN, NP, C arl V . L y o n , [PR Doc.71-7694 Piled 6-2-71;8:49 am] SP&S. Acting Administrator, Chicago & Eastern Illinois Railroad Co. Federal Railroad Administration. Reporting marks: C&EI. [Docket No. HM-71; Arndt. 178-19] The Colorado and Southern Railway Co. R o bert A . K a y e , Reporting marks: C&S. PART 178— SHIPPING CONTAINER Director, Bureau of Motor Car­ Illinois Central Railroad Co. SPECIFICATIONS rier Safety, Federal Highway Reporting marks: IC. Administration. Fort Worth and Denver Railway Co. Specification 3HT Cylinders— Tensile Reporting marks: FW&D. Strength Limitation S am; S c h n e id e r , Board Member, For the Missouri-IUinois Railroad Co. Reporting marks: M-I, The purpose of this amendment to the Federal Aviation Administration. Missourt-Kansas-Texas Railroad Co. Partment’s Hazardous Materials Reg­ [FR Doc.71-7695 Filed 6-2-71; 8:49 am] Reporting marks: MKT, BKTY.

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10786 RULES AND REGULATIONS

Missouri Pacific Railroad Co. with the car owner or to a station on (d ) Effective date: This order shall Reporting marks: MP. the lines of the car owner. become effective at 12:01 a.m., May 27, St. Louis-San Francisco Railway Co. (5) Except as authorized in subpara­ 1971. Reporting marks: SLSF. graph (6) of this paragraph, hopper cars (e) Expiration date: The provisions Texas-New Mexico Railway Co. described in subparagraph (1> of this of this order shall expire at 11:59 p.m., Reporting marks: T-NM. paragraph, empty at a junction with the June 30, 1971, unless otherwise modified, The Texas and Pacific Railway Co. owner, must be delivered to the owner changed, or suspended by order of this Reporting marks: T&P, TP. at that junction. Commission. Union Pacific Railroad Co. (6) For the purpose of improving car (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, Reporting marks: UP. utilization and the efficiency of railroad 384, as amended: 49 U.S.C, 1, 12, 15, and 17 operations, or alleviating inequities or (2 ). Interprets or applies secs. 1(10-17), 15 (2) The following companies will be (4 ), and 17(2), 40 Stat. 101, as amended, 54 considered as one railroad in the appli­ hardships, modifications may be author­ Stat. 911; 49 U.S.C. 1(10-17), 15(4), and 17 cation of subparagraphs (1), (4), (5), ized by the Chief Transportation Officer (2)) and (6) of this paragraph: of the car owner. Such modifications must be confirmed in writing to W . H. It is further ordered, That copies of Chicago & Eastern Illinois Railroad Co. Van Slyke, Chairman, Car Service Divi­ this order shall be served upon the As­ Missouri-Illinois Railroad Co. sion, Association of American Railroads, sociation of American Railroads, Car Missouri Pacific Railroad Co. Service Division, as agent of the rail­ The Texas and Pacific Railway Co. Washington, D.C., forsubmission to R. D. Pfahler, Director, Bureau of Operations, roads subscribing to the car service and Texas-New Mexico Railway Co. Interstate Commerce Commission. per diem agreement under the terms of (3) The following companies will be (7) No common carrier by railroad that agreement, and upon the American considered as one railroad in the appli­ subject to the Interstate Commerce Act Short Line Railroad Association; and cation of subparagraphs (1), (4), (5), shall accept from shipper any loaded that notice of this order shall be given and (6) of this paragraph: hopper car for movements contrary to to the general public by depositing a the provisions of subparagraphs (4) and copy in the Office of the Secretary of Burlington Northern, Inc. (5) of this paragraph. The Colorado and Southern Railway, Co. (b) The term “hopper cars” as used the Commission at Washington, D.C., Fort Worth and Denver Railway Co. in this order, means freight cars having and by filing it with the director, Office (4) Hopper cars described in subpara­ a mechanical designaton “HD,” “HM,” of the Federal Register. graph (1) of this paragraph may be “HK,” or “HT,” in the Official Railway By the Commission, Railroad Service loaded to stations on the lines of the Equipment Register, ICC R.E.R. No. 379, issued by E. J. McFarland, or reissues Board. owning railroad. Oars located at a point thereof. other than a junction with the car owner [ s e a l ] R obert L. O sw ald, (c) Application: The provisions of this Secretary. shall not be backhauled empty, except order shall apply to intrastate, inter­ for the purpose of loading to a junction state, and foreign commerce. [FR Doc.71-7706 Filed 6-2-71;8:50 ami

FEDERAL REGISTER, V O L 36, NO. 107— THURSDAY, JUNE 3, 1971 10787 Proposed Rule Making

P aragraph 1. Paragraph (d) of § 1.61-2 services on or before June 30, 1969, con­ DEPARTMENT OF THE TREASURY is amended by revising subparagraph stitute income in the amount of their fair (1), by revising subdivision (i) of sub- market value at the time of the transfer. Internal Revenue Service paragraph (2), by revising subpara­ A taxpayer receiving as compensation a [ 26 CFR Parts 1, 13 1 graphs (4) and (5), and by adding new note regarded as good for its face value at subparagraph (6) to read as follows: maturity, but not bearing interest, shall INCOME TAX treat as income as of the time of receipt § 1.61—2 Compensation for services, in­ its fair discounted value computed at the Treatment of Property Transferred in cluding fees, commissions, and sim­ prevailing rate. As payments are re­ ilar items. Connection With Performance of ceived on such a note, there shall be ***** Services included in income that portion of each Proposed amendments to regulations (d) Compensation paid other than inpayment which represents the propor­ under sections 61 and 421, relating to cash— (1) In general. If services are paid tionate part of the discount originally the receipt of certain stock and other for in property on or before June 30,1969 taken on the entire note. property subject to restrictions, appear (or in paragraph (b) of § 1.83-8 applies), (5) Property transferred on or be­ in the F ederal R eg ister for October 26, the fair market value of the property fore June 30, 1969, subject to restric­ 1968 (33 F.R. 15870), as corrected by a taken in payment must be included in tions. Notwithstanding any other pro­ notice of proposed riile making in the income as compensation. If services are vision of this paragraph, if any property Federal R egister for January 10, 1969 paid for in exchange for other services, is transferred as compensation for serv­ (34 F.R. 397). Notice is hereby given the fair market value of such other serv­ ices, performed by an employee or in­ that such proposed regulations are hereby ices taken in payment must be included dependent contractor, and such property withdrawn. in income as compensation. If the serv­ is subject to a restriction which has a Further, notice is hereby given that ices were rendered at a stipulated price, significant effect on its value at the time the regulations set forth in tentative form such price will be presumed to be the fair of transfer, the rules of § I.421-6(d) (2) below are proposed to be prescribed by market value of the compensation re­ shall apply in determining the time and the Commissioner of Internal Revenue, ceived in the absence of evidence to the the amount of compensation to be in­ with the approval of the Secretary of contrary. However, for special rules re­ cluded in the gross income of the em­ the Treasury or his delegate. Prior to lating to certain options received as com­ ployee or independent contractor. For the final adoption of such regulations, pensation, see § 1.61-15 and section 421 special rules relating to options to pur­ consideration will be given to any com­ and the regulations thereunder. chase stock or other property which are ments or suggestions pertaining thereto (2) Property transferred to employeeissued as compensation for services, see which are submitted in writing, prefer­ or independent contractor, (i) Except as § 1.61-15 and section 421 and the regu­ ably in quintuplicate, to the Commis­ otherwise provided in section 421 and the lations thereunder. This subparagraph sioner of Internal Revenue, Attention: regulations thereunder (relating to em­ is applicable only to transfers after CC:LR:T, Washington, D.C. 20224, by ployee stock options) and § 1.61-15, if September 24, 1959, and before July 1, July 6,1971. Any person submitting writ­ property is transferred on or before 1969 (unless paragraph (b) of § 1.83-8 ten comments or suggestions who de­ June 30, 1969 (or in paragraph (b) of applies). sires an opportunity to comment orally § .183-8 applies), by an employer to an (6) Property transferred to employee at a public hearing on these proposed employee or to an independent contrac­ or independent contractor after June 30, regulations should submit his request, in tor, as compensation for services for an 1969. For rules with respect to property writing, to the Commission by July 6, amount less than its fair market value, transferred in connection with the per­ 1971. In such case, a public hearing will then regardless of whether the transfer is formance of services after June 30, 1969, be held, and notice of the time, place, in the form of a sale or exchange, the see section 83 and the regulations there­ and date will be published in a subse­ difference between the amount paid for under. For rules with respect to pre­ quent issue of the F ederal R e g ist e r . the property and the amount of its fair miums paid by an employer for an an­ The proposed regulations are to be issued market value at the time of the transfer nuity contract which is not subject to under the authority contained in sec­ is compensation and shall be included in section 403(a), see section 403(c) and tion 7805 of the Internal Revenue Code the gross income of the employee or in­ the regulations thereunder. For the rules of 1954 ( 68A Stat. 917; U.S.C. 7805). dependent contractor. In computing the with respect to contributions made to an gain or loss from the subsequent sale of employee’s trust which is not exempt R a n d o l p h W . T h r o w e r , Commissioner of Internal Revenue. such property, its basis shall be the under section 501(a), see section 402(b) amount paid for the property increased and the regulations thereunder. In order to prescribe regulations un­ by the amount of such difference in­ P ar. 2. Paragraphs (a) and (d) of der section 83 of the Internal Revenue cluded in gross income. § 1.61-15 are amended to read as follows: Code of 1954, as enacted by section 321(a) * * * * * of the Tax Reform Act of 1969 (Public § 1.61—15 Options received as payment Law 91-172, 83 Stat. 588), the following (4) Stock and notes transferred to o f income. regulations are prescribed. In addition, employee or independent contractor. Ex­ (a) In general. If any person receives me Income Tax Regulations (26 CFR cept as otherwise provided by section 421 an option in payment of an amount con­ Part 1) under sections 61, 162, 402(b), and the regulations thereunder (relating stituting compensation of such person 403(C), 403(d), 404(a)(5), 421, and 721 to employee stock options) and § 1.61-15, (or of any other person) on or before of the Internal Revenue Code of 1954 if a corporation transfers its own stock June 30, 1969 (except if paragraph (b) are amended to conform to section 321(b) on or before June 30, 1969 (or if para­ of § 1.83-8 applies), such option is sub­ of the Tax Reform Act of 1969 (Public graph (b) of § 1.83-8 applies), to an ject to the rules contained in § 1.421-6 Law 91-172, 83 Stat. 590). These regu­ employee or independent contractor as for purposes of determining when income lations are prescribed and amended by compensation for services, the fair mar­ is realized in connection with such superseding temporary regulations ket value of the stock at the time of option and the amount of such income. 813.1 (published in the F ederal R eg- transfer shall be included in the gross In this regard, the rules of § 1.421-6 lor January 17, 1970, as corrected income of the employee or independent apply to an option received in payment ~ L “« e F ederal R eg ister for January 22, contractor. Notes or other evidences of of an amount constituting compensation 1970) as follows: indebtedness received in payment for regardless of the form of the transaction.

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 No. 107. 10788 PROPOSED RULE MAKING

Thus, the rules of § 1.421-6 apply to an (2) Election. An election under paragraph so much of section 1031 as relates to section option transferred for less than its fair (1) with respect to any transfer of property 1036) applied to such exchange, or if such market value in a transaction taking the shall be made in such manner as the Secre­ exchange was pursuant to the exercise of a form of a sale or exchange if the dif­ tary or his delegate prescribes and shall be conversion privilege— made not later than 30 days after the date (1) Such exchange shall be disregarded for ference between the amount paid for the of such transfer (or, if later, 30 days after purposes of subsection (a ), and option and its fair market value at the the .date of the enactment of the Tax (2) The property received shall be treated time of transfer is the payment of an Reform Act of 1969). Such election may not as property to which subsection (a) applies. amount constituting compensation of be revoked except with the consent of the (h ) Deduction by employer. In the case of the transferee or any other person. This Secretary or his delegate. a transfer of property to which this section section, for example, makes the rules of (c) Special rules. For purposes of this applies or a cancellation of a restriction de­ § 1.421-6 applicable to options granted in section— scribed in subsection ( d ) , there shall be al­ (1) Substantial risk of forfeiture. The whole or partial payment for services lowed as a deduction under section 162, to rights of a person in property are subject to the person for whom were performed the of an independent contractor. If an a substantial risk of forfeiture if such per­ services in connection with which such prop­ amount of money or property is paid for son’s rights to full enjoyment of such prop­ erty was transferred, an amount equal to the an option to which this paragraph erty are conditioned upon the future per­ amount included under subsection (a \ (b), applies, then the amount paid shall be formance of substantial services by any or (d) (2) in the gross income of the person part of the basis of such option. For the individual. who performed such services. Such deduction rules with respect to an option granted (2) Transferability of property. The rights shall be allowed for the taxable year of such in connection with the performance of of a person in property are transferable only person in which or with which ends the tax­ if the rights in such property of any trans­ able year in which such amount is included services after June 30, 1969, see section feree are not-subject to a substantial risk in the gross income of the person who per­ 83 and the regulations thereunder. of forfeiture. formed such services. * * * * $ (d) Certain restrictions which will never (i) Transition rules. This section shall (d) Effective date. This section shalllapse — (1) Valuation. In the case of property apply to property transferred after June 30, subject to a restriction which by its terms 1969, except that this section shall not apply apply to options granted after July 11, will never lapse, and which allows the trans­ to property transferred— 1963, and before July 1, 1969 (unless feree to sell such property only at a price (1) Pursuant to a binding written con­ paragraph (d) of § 1.83-8 applies) other determined under a formula, the price so tract entered into before April 22, 1969, than options required to be granted pur­ determined shall be deemed to be the fair (2) Upon the exercise of an option granted suant to the terms of a written contract market value of the property unless estab­ before April 22, 1969, entered into before July 11, 1963. lished to the contrary by the Secretary or (3) Before May 1, 1970, pursuant to a writ­ his delegate, and the burden of proof shall ten plan adopted and approved before July 1, P ar. 3. There are inserted after § 1.79-3 be on the Secretary or his delegate with re­ 1969. the following new sections: spect to such value. (4) Before January 1, 1973, upon the exer­ § 1.83 Statutory provisions; property (2) Cancellation. If, in the case of property cise of an option granted pursuant to a bind­ transferred in connection with the subject to a restriction which by its terms ing written contract entered into before performance o f services. will never lapse, the restriction is cancelled April 22, 1969, between a corporation and the then, unless the taxpayer establishes— transferor requiring the transferor to grant Sec. 83. Property transferred in connection (A) That such cancellation was not com­ options to employees of such corporation (or with performance of services— (a) General pensatory, and a subsidiary of such corporation) to pur­ rule. If, in connection with the performance (B ) That the person, if any, who would be chase a determinable number of shares of of services, property is transferred to any allowed a deduction if the cancellation were stock of such corporation, but only if the person other than the person for whom such treated as compensatory, will treat the trans­ transferee was an employee of such corpora­ services are performed, the excess of— action as not compensatory, as evidenced tion (or a subsidiary of such corporation) on (1) The fair market value of such prop­ in such manner as the Secretary or his dele­ or before April 22, 1969, or erty (determined without regard to any gate shall prescribe by regulations, (5) In exchange for (or pursuant to the restriction other than a restriction which exercise of a conversion privilege contained by its terms will never lapse) at the first the excess of the fair market value of the property (computed without regard to the in) property transferred before July 1, 1969, time the rights of the person having the or for property to which this section does not restrictions) at the time of cancellation over beneficial interest in such property are apply (by reason of paragraphs (1), (2), (3), the sum of— transferable or are not subject to a substan­ or (4 )), if section 354, 355, 356, or 1036 (or (C ) The fair market value of such property tial risk of forfeiture, whichever occurs (computed by taking the restriction into ac­ so much of section 1031 as related to section earlier, over count) immediately before the cancellation, 1036) applies, or if gain or loss is not other­ (2) The amount (if any) paid for such wise required to be recognized upon the exer­ and property, cise of such conversion privilege, and if the (D ) The amount, if any, paid for the shall be included in the gross income of the cancellation, property received in such exchange is sub­ person who performed such services in the ject to restrictions and conditions substan­ shall be treated as compensation for the tax­ first taxable year in which the rights of the tially similar to those to which the property able year in which such cancellation occurs. person having the beneficial interest in such given in such exchange was subject. (e) Applicability of section. This section property are transferable or are not subject (Sec. 83 as added by sec. 321(a) Tax Reform shall not apply to­ to a substantial risk of forfeiture, whichever il) A transaction to which section 421 Act 1969 (83 Stat. 588)) is applicable. The preceding sentence shall applies, not apply if such person sells or otherwise § 1.83-1 Property transferred in con­ (2) A transfer to or from a trust described disposes of such property in an arm’s length nection with the performance of in section 401(a) or a transfer under an transaction before his rights in such property services. annuity plan which meets the requirements become transferable or not subject to a sub- of section 404(a) (2), (a) In general. Section 83 provides tantial risk of forfeiture. (3) The transfer of an option without a (b ) Election to include in gross income in rules for the taxation of property trans­ readily ascertainable fair market value, or year of transfer— (1) In general. Any person ferred to an employee or independent (4) The transfer of property pursuant to who performs services in connection with contractor (or beneficiary thereof) in the exercise of an option with a readily as­ which property is transferred to any person connection with the performance of serv­ certainable fair market value at thé date of may elect to include in his gross income, grant. ices by such employee or independent for the taxable year in which such property (f) Holding period. In determining the contractor. In general, the excess of is transferred, the excess of— period for which the taxpayer has held prop­ (1) The fair market value of sucn (A) The fair market value of such prop­ erty to which subsection (a) applies, there property (determined without regard to erty at the time of transfer (determined shall be included only the period beginning any restriction other than a restriction without regard to any restriction other than at the first time his rights in such property a restriction which by its terms will never which by its terms will never lapse^ are transferable or are not subject to a sub­ lapse), over when the transfer of such property be­ stantial risk of forfeiture, whichever occurs (B) The amount (if any) paid for such earlier. comes complete, over property. (g ) Certain exchanges. If property to (2 ) The amount (if any) paid for such If such election is made, subsection (a) shall which subsection (a) applies is exchanged for property, not apply with respect to the transfer of property subject to restrictions and condi­ shall be included as compensation in the such property, and if such property is sub­ tions substantially similar to those to which gross income of such employee or sequently forfeited, no deduction shall be the property given in such exchange was sub­ allowed in respect of such forfeiture. ject, and if section 354, 355, 356, or 1036 (or dependent contractor for the taxaoie

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 PROPOSED RULE MAKING 10789 year in which such transfer becomes of such compensation shall not exceed E ’s stock certificates. In addition, no divi­ the fair market value (determined with­ dends are paid on the X stock during 1973. complete. Until such transfer becomes Since E’s stock is nontransferable and is sub­ complete, the transferor shall be re­ out regard to any restrictions other than ject to a substantial risk of forfeiture, such garded as the owner of such property, a restriction which by its terms will transfer is not complete, and E does not in­ and any income from such property re­ never lapse) at the time of disposition of clude any amount in his gross income as ceived by the employee or independent the property disposed of less the price compensation for 1973, despite the fact that contractor (or beneficiary thereof) or the originally paid for such property. More­ the fair market value ($100 per share) of right to the use of such property by the over, the person who performed the serv­ the X corporation stock exceeds the price E employee or independent contractor con­ ices realizes additional compensation at paid for the stock ($10 per share). the time and in the amount determined Example (2). Assume the facts are the stitutes additional compensation and same as in example (1) except that on No­ shall be included in the gross income of under paragraphs (a) and (b) 'of this vember 1, 1978, the fair market value of the such employee or independent contrac­ section, except that the amount of com­ X corporation stock is $250 per share. Since tor for the taxable year in which such pensation determined under such para­ the transfer of the X corporation stock be­ income is received or such use is made graphs shall be reduced by any amount comes complete in 1978, E must include available. The forfeiture of such property previously includible in gross income un­ $24,000 (100 shares of X corporation stock after its transfer becomes complete shall der this paragraph. For example, if in X $250 fair market value per share less $10 be treated as a disposition of such prop­ 1971 an employee pays $50 for a share price paid by E for each share) as compen­ sation in 1978. erty upon which there is recognized a of stock which has a fair market value Example (3 ). Assume the facts are the loss equal to the amount of the taxpayer’s of $100 and which is not transferable same as in example (2 ), except that on No­ adjusted basis in such property, and if and is subject to a substantial risk of vember 1, 1978, each share of stock of X such property is a capital asset in the forfeiture, and later in 1971 (at a time corporation in E’s hands could as a matter hands of the taxpayer, such loss shall be when the property still has a fair mar­ of law be transferred to a bona fide pur­ a capital loss. This paragraph applies to ket value of $100) the employee disposes chaser who would not be required to forfeit a transfer of property in connection with of, in a transaction not at arm’s length, the stock if the risk of forfeiture material­ the performance of services notwith­ ized. In the event, however, that the risk the share of stock to his wife for $10, materializes, E would be liable in damages standing that the transferor is not the the employee realizes compensation of to X. Since E’s stock is transferable within person for whom such services were per­ $10 in 1971. If in 1972 when the stock the meaning of § 1.83-3(e) in 1978, the formed. See section 83(h) and § 1.83-6 has a fair market value of $120 the share transfer is complete, and E must include for rules for the treatment of employers of stock first becomes transferable and $24,000 (100 shares of X corporation stock and other transferors of property in con­ not subject to a substantial risk of for­ X $250 fair market value per share less $10 nection with the performance of services. feiture, the employee realizes additional price paid by E for each share) as compen­ (b) Subsequent sale or other disposi­ compensation in 1972 in the amount of sation in 1978. tion. If property transferred in connec­ Example (4). Assume the facts are the $60 (the $120 fair market value of the same as in example (1) except that, in 1974 tion with the performance of services is stock less $50 price paid for the stock plus E sells his 100 shares of X corporation stock subsequently sold or otherwise disposed $10 taxed as compensation in 1971). For in an arm’s length sale to I, an investment of in an arm’s length transaction before the purpose of this paragraph, if property company, for $120 per share. At the time of such transfer becomes complete, the is transferred to a person other than the this sale each share of X corporation’s stock excess of— person who performed the services and has a fair market value of $200. Under para­ (1) The amount realized on such sale the transferee dies holding the property graph (b) of this section, E must include $11,000 (100 shares of X corporation stock or other disposition, over before such transfer becomes complete X $120 amount realized per share less $10 (2) The amount (if any) paid for when the person who performed the such property, price paid by E per share) as compensation services is still living, the transfer which in 1974 notwithstanding that the stock re­ shall be included as compensation in the results by reason of the death of such mains nontransferable and is still subject gross income of the person who per­ person is a transfer not at arm’s length. to a substantial risk of forfeiture at the time formed such services for the taxable year (d) Certain transfers upon death. If of such sale. Under subparagraph (2) of property is transferred in connection § 1.83—4(b), I’s basis in the X corporation of such sale or other disposition. The stock is $120 per share. preceding sentence shall not apply to any with the performance of services and the exchange to the extent that the prop­ person who performed such services dies § 1.83—2 Election to include in gross in­ erty received is not transferable and is before such transfer becomes complete, come in year of transfer. » subject to a substantial risk of forfeiture, any income subsequently realized in re­ (a) In general. Under section 83(b), and the property received in such an ex­ spect of such property is income in re­ if property is transferred in connection change shall be treated as property to spect of a decedent to which the rules with performance of services and such which section 83 applies. If property is of section 691 apply. In such a case the transfer is not complete at the time it is forfeited after a disposition to which this income in respect of such property shall made, the person performing such serv­ Paragraph applies, such forfeiture shall be taxable under section 691 to the estate ices may elect to treat such transfer as be treated as a disposition of such prop­ or beneficiary of the person who per­ a complete transfer and to include in erty upon which there is recognized a formed the services in-accordance with his gross income for the taxable year in loss equal to the amount of the tax­ section 83 and the regulations thereun­ which such property is transferred, the payer’s adjusted basis in such property, der. If, however, such transfer becomes excess of the fair market value of such n such property is a capital asset in the complete by reason of death of the per­ property at the time of transfer (deter­ hands of the taxpayer, such loss shall son who performed the services, any in­ mined without regard to any restriction be a capital loss. come realized upon such death is not other than a restriction which by its (c) Dispositions not at arm’s length. income in respect of a decedent and is terms will never lapse) over the amount H property transferred in connection includible in gross income for such per­ (if any) paid for such property. If this with the performance Of services is dis­ son’s last taxable year. election is made, section 83(a) and the pos«! of in a transaction which is not at (e) Examples. The provisions of this regulations thereunder, do not apply with arm’s length occurring before such section may be illustrated by the follow­ respect to such property, and except as transfer becomes complete, the person ing examples: otherwise provided in section 83(d)(2) who performed the services in connec- Example (I). On November 1, 1973, X cor­ and the regulations thereunder, any sub­ bon with which such property was poration sells to E, an employee, 100 shares sequent appreciation in the value of the transferred realizes compensation in­ of X corporation stock at $10 per share. At property is not taxable as compensation. the time of such sale the fair market value cludible in his gross income in the In computing the gain or loss from the amount of money or other property of the X corporation stock is $100 per share. Under the terms of the sale, each share of (which is transferable or not subject to subsequent sale or exchange of such stock is nontransferable and subject to a property, its basis shall be the amount a substantial risk of forfeiture) received substantial risk of forfeiture which will not {? SUch disposition in accordance with lapse until November 1, 1978. Evidence of paid for the property increased by the ^ method of accounting. The amount these restrictions is stamped on the face of amount included in gross income under

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10790 PROPOSED RULE MAKING section 83(b). However, notwithstand­ 1970). Any statement filed before Febru­ stock with a promissory note without per­ ing the preceding sentence if the prop­ ary 15, 1970, which was amended not sonal liability with a face value equal to the erty is later forfeited or sold in an arm’s later than February 16, 1970, in order to book value of the X stock on January 3,1971. make it conform to the requirements In addition, X is obligated to repurchase the length transaction before the transfer X stock at E’s termination of employment for of such property becomes complete, such of paragraph (d) of this section shall be an amount equal to the book value of the X forfeiture or sale shall be treated as a deemed a proper election under section stock at such time. Under these facts and disposition upon which there is recog­ 83(b). circumstances, for purposes of section 83, a nized a loss equal to the excess (if any) (f) Revocability of election. An elec­transfer of the X stock to E occurs only when of— tion under section 83(b) may not be re­ and to the extent that E makes payments of (1) The amount that the taxpayer voked except with the consent of the principal to X under the terms of the promis­ actually paid for such property, over Commissioner. In any event, a decline sory note. Example (3). Assume the same facts as in (2) The amount realized (if any) in value of the property with respect to example (1) except that the X stock is sub­ upon such forfeiture or sale. which an election under section 83(b) ject to the sole restriction that it must be has been made or a failure to perform an If such property is a capital asset in the sold to X upon E’s termination of employ­ act contemplated at the time of transfer ment for the total amount of dividends that hands of the taxpayer, such loss shall be of such property will not alone constitute have been declared on the X stock from a capital loss. grounds of revocation. January 3, 1971, to the date of E’s termina­ (b) Manner of making election. The tion of employment. Under these facts and election referred to in paragraph (a) of § 1.83—3 Meaning and use of certain circumstances, as in example (1), E’s rights this section is made by filing one copy terms. in the stock are more in the nature of a of a written statement with the internal (a) Transfer. (1) For purposes of sec­security interest for the payment of deferred revenue officer with whom the person compensation than an ownership interest tion 83 and the regulations thereunder, in property and, accordingly, there is no who performed the services files his re­ a transfer of property occurs when a transfer within the meaning of section 83. turn. In addition, one copy of such state­ person acquires rights in property which, Example (4), On February 28, 1971, Y ment shall be submitted with his income without the payment of further consid­ corporation sells to E, an employee, stock in tax return for the taxable year in which eration (other than the performance of Z corporation, a large computer manufac­ such property was transferred. substantial services), may ripen into an turer. The purchase price for the Z stock is (c) Additional copies. The person who ownership interest in such property or determined under a formula price to be an amount equal to one-half of the book value performed the services shall also submit when a person becomes subject to a a copy of the statement referred to in per share of the Z stock on February 28,1971. binding commitment to purchase an In addition, the stock is subject to the sole paragraph (b) of this section to the per­ ownership interest in such property. restriction that E must sell the Z stock to Y son for whom the services are performed, Thus, thè grant of an option does not when E retires or terminates employment for and, in addition, if the person who per­ constitute a transfer of the property sub­ an amount equal to three-quarters of the forms the services in connection with ject to the option, and no transfer of book value per share of Z stock on the date which property is transferred and the such property occurs until the option is of E’s retirement or termination of employ­ ment. Under these facts and circumstances, E transferee of such property are not the exercised and the optionee pays or incurs same person, the person who performs acquired a property interest on February 28, a personal liability to pay the option 1971, because on that date E obtained a the services shall submit a copy of such price. If a person acquires an interest valuable right which could increase or de­ statement to the transferee of the in property and gives an evidence of crease in value dependent upon future eco­ property. indebtedness without personal liability nomic success or failure of Z ’s computer (d) Content of statement. The state­ in exchange therefor, such person is con­ business. Therefore, there has been a transfer ment shall be signed by the person mak­ sidered to have been granted an option of the Z stock to E within the meaning of ing the election and shall indicate that to purchase such property, and a trans­ section 83. it is being made under section 83(b) of fer of such property occurs only when, Example (5). G, a corporation, transfers to E, an employee, a new home in which his the Code, and shall contain the follow­ and to the extent that, payments are ing information: interest is nontransferable and is subject to made in discharge of such indebtedness. a substantial risk of forfeiture for a 10-year (1) The name, address, and taxpayer No transfer of property occurs upon a period. However, G allows E to live rent free identification number of the taxpayer; person’s acquisition of an interest in in the home during the 10-year period. Since (2) ' A description of each propertyproperty for the sole purpose of securing E ’s interest in the home is nontransferable with respect to which the election is the payment of deferred compensation; and subject to a substantial risk of forfeit­ being made; see, however, section 402(b) and the reg­ ure, the transfer of the home to E is not (3) The date or dates on which the complete. Under these facts and circum- ulations thereunder for rules relating to stances, E must include the fair rental value property is transferred and the taxable the taxabality of beneficiaries of em­ of the home in his gross income as compen­ year (for example, “calendar year 1970” ployees’ trusts which are not exempt un­ sation for each taxable year until the transfer of “Fiscal year ending May 31, 1970”) in der section 501(a) and of other similar of the home becomes complete. When the which such election was made; deferred compensation arrangements. transfer to E of the home first becomes com­ (4) The nature of the restriction or (2) The provisions of this paragraph plete, E must include in his gross income as restrictions to which the property is compensation the then existing fair market may be illustrated by the following value of the home less any amount he has subject; examples : (5) The fair market value at the time paid or is required to pay to complete such of transfer (determined without regard Example (1). On January 3, 1971, X cor­ transfer. poration purports to transfer to E, an em­ (b ) Complete transfer. For purposes to any restriction other than a restric­ ployee, 100 shares of stock in X corporation. tion which by its terms will never lapse) The X stock is subject to the sole restriction of section 83 and the regulations there­ of each property with respect to which that E must sell such stòck to X on termina­ under, a transfer of property in connec­ the election is being made; tion of employment for any reason for an tion with performance of services by an (6) The amount (if any) paid for such amount which is equal to the excess (if any) employee or independent contractor be­ property; and of the book value of the X stock at termina­ comes complete when the rights of the tion of employment less book value on Janu­ employee or independent contractor or (7) With respect to elections made ary 3, 1971. The stock is not transferable by after [date of filing of the Treasury beneficiary thereof in such property E and the restrictions on transfer are stamped cease to be subject to a substantial ns decision] a statement to the effect that on the certificate. Under these facts and cir­ copies have been furnished to other cumstances, E’s rights in the X stock are of forfeiture or become transferabi , persons as provided in paragraph (c) of more in the nature of a'security interest for whichever occurs earlier. this section. the payment of deferred compensation than (c) Substantial risk of forfeiture, (l an ownership interest in property and, ac­ For purposes of section 83 and the regu (e) Time for making election. The cordingly, there is no transfer of property in Lations thereunder, the rights of a per­ statement referred to in paragraph (b) connection with the performance of services son in property are subject to a subst of this section shall be filed not later within the meaning of section 83. tial risk of forfeiture if such person than 30 days after the date the property Example (2). Assume the same facts as in rights to full enjoyment of such property was transferred (or, if later, January 29, example (1) except that E pays for the X

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 PROPOSED RULE MAKING 10791 are conditioned upon the future perform­ the restrictions. For example, if 20 per­ each year E remains employed, the corpora­ ance, or the refraining from the perform­ cent of the single class of stock of a cor­ tion X stock in E ’s hands is not subject to ance, of substantial services by any poration is owned by an employee and a substantial risk of forfeiture to the extent individual. Whether such services are of such additional 10 percent amount each the remaining stock is owned by an un­ year which corporation X agrees to pay any substantial depends upon the particular related individual and members of his amount to E in exchange for such shares. facts and circumstances. The regularity immediate family, rights* in property Example (4). On January 7, 1971, corpora­ of the performance of services and the transferred to such employee by the cor­ tion X, a computer service company, trans­ time spent in performing such services poration will not be considered not to be fers to E, a 45-year-old employee, 100 shares tend to indicate whether services are sub­ subject to a substantial risk of forfeiture of corporation X stock for $50. E is a highly stantial. In addition, the fact that the by reason of his ownership of 20 percent compensated salesman who sold X ’s products person performing such services has the of the stock of the employer corporation. in a three-state area since 1960. At the time of transfer each share of X stock has a fair right to decline to perform such services On the other hand, if 4 percent of the market value of $100. The stock was trans­ may tend to establish that services are voting power of all the stock of a corpo­ ferred to E in connection with his termina­ insubstantial. Thus, for example, a re­ ration is owned by the president of such tion of employment with X. Each share of quirement that an employee must return corporation and the remaining stock is X stock is subject to the sole condition that property transferred to him in connec­ so diversely held by the public that such E can keep such share only if he does not tion with his performance of services for individual in effect controls such corpo­ engage in competition with X for a 5-year his employer if he does not complete an ration, rights in property transferred to period in the three-state area where E had additional period of substantial services previously sold X ’s products. In order for E him by such corporation will be con­ to establish the necessary business contacts would cause such property to be subject sidered not to be subject to a substantial to enable him to earn a salary in another to a substantial risk of forfeiture. On the risk of forfeiture. Where stock is trans­ industry comparable to his current compen­ other hand, a requirement that the prop­ ferred to an underwriter prior to a public sation, E would have to expend considerable erty be returned to the employer if the offering and the full enjoyment of such time and effort. In view of the substantial employee commits a crime will not be stock is expressly or impliedly condi­ possibility under these facts and circum­ considered to result in a substantial risk tioned upon the successful completion of stances that E will compete with X in the of forfeiture. An enforceable requirement the underwriting, the stock is subject to three-state area, the X stock in his hands is subject to a substantial risk of forfeiture. that the property be returned to the em­ a substantial risk of forfeiture. A sub­ ployer if the employee accepts a job with stantial risk of forfeiture will not be con­ (d) Transferability of property. For a competing firm will not ordinarily be sidered to exist in connection with the purposes of section 83 and the regula­ considered to result in a substantial risk performance of services where the em­ tions thereunder, the rights of a person of forfeiture unless the particular facts ployer is required to pay full value or in property are transferable if such per­ and circumstances indicate to the con- substantially full value to the employee son can transfer any interest in the trary. Factors which may be taken into upon the return of such property. A re­ property to any person other than the account in determining whether a cove­ striction which by its terms will never transferor of the property, but only if nant not to compete constitutes a sub­ lapse standing by itself will not be con­ the rights in such property of any such stantial risk of forfeiture are the age of sidered to result in a substantial risk of transferee are not subject to a substan­ stantial risk of forfetiture are the age of forfeiture. tial risk of forfeiture. Accordingly, prop­ the employee, the availability of alterna­ (2) The rules stated in this paragraph erty is transferable if the person per­ tive employment opportunities, the likeli­ may be illustrated by the following forming the services or receiving the hood of the employee’s obtaining such examples : property can sell, assign, or pledge as other employment, the degree of skill Example (1 ). On November 1, 1971, cor­ collateral for a loan or as security for possessed by the employee, » the em­ poration X transfers in connection with the the performance of an obligation or for ployee’s health, and the practice (if any) performance of services to E, an employee, any other purpose his interest in the of the employer to enforce such cove­ 100 shares of corporation X stock for $90 per property to any person other than the nants. Similarly, rights in property trans­ share. Under the terms of the transfer, E will transferor of such property and if ferred to a retiring employee subject to be subject to a binding commitment to resell the stock to corporation X at $90 per share the transferee is not required to give up the sole requirement that it be returned the property or its value in the event the unless he renders consulting services if he leaves the employment of corporation X for any reason prior to the expiration of a substantial risk of forfeiture materialize. upon the request of his former employer 10-year period from the date of such trans­ On the other hand, property is not con­ would not be considered subject to a sub­ fer. Since E must perform substantial serv­ sidered to be transferable merely because stantial risk of forfeiture unless he is in ices to corporation X, E’s rights in the stock the person performing the services or re­ fact expected to perform substantial is subject to a substantial risk of forfeiture. ceiving the property may designate a services. Rights in property transferred to Example (2). On November 25, 1971, cor­ poration X gives to E, an employee, in con­ beneficiary to receive the property in the an employee (or beneficiary thereof) of event of his death. a corporation who owns, directly or in­ nection with his performance of services to corporation X, a bonus of 100 shares of corpo­ (e) Property. For purposes of section directly, more than 5 percent of the total ration X stock. Under the terms of the bonus 83 and the regulations thereunder, the combined voting power or value of all arrangement E is obligated to return the term “property” includes both reality classes of stock of the employer corpo­ corporation X stock to corporation X if he and personality other than money and ration or of its parent or subsidiary cor­ terminates his employment for any reason. other than an unfunded and unsecured poration will not be considered subject However, for each year occurring after No­ promise to pay deferred compensation. to a substantial risk of forfeiture unless vember 25, 1971, during which E remains em­ In the case of a transfer of a life insur­ the possibility that the employee will not ployed with corporation X, E ceases to be obligated to return 10 shares of the corpora­ ance contract, retirement income con­ atisfy the requirement claimed to result tion X stock. Since in each year occurring n such risk is substantial; in determin- tract, endowment contract, or other con­ after November 25, 1971, for which E remains tract providing life insurance protection, ng whether the possibility is substantial, employed he is not required to return 10 only the cash surrender value of the Am? taken into account (i) the shares of corporation X ’s stock, E’s rights in contract is considered to be property. employee’s relationship to other stock- 10 shares each year for 10 years cease to be subject to a substantial risk of forfeiture for In this connection, the rules relating to nr!t +? ant* ^ e extenk ° f their control, the taxation of the cost of life insurance •prmt , control and possible loss of each year he remains so employed. Example (3). Assume the same facts as in protection provided in paragraph (b) of tin * °* corPoration, (ii) the posi- example (2) except that for each year oc­ § 1.72-16 shall apply. emPl°yee in the corporation curring after November 25, 1971, for which E (f) Property transferred in connection tn pu ex^enf to which he is subordinate remains employed with corporation X, agrees rew- r employees, (iii) the employee’s with the performance of services. In gen­ to pay, in redemption of the bonus shares eral, property transferred to an employee of "¡ronshiP to the officers and directors given to E if he terminates employment for nnre 6 corPoration, (iv) the person or any reason, 10 percent of the fair market or an independent contractor or bene­ ons who must approve the employee’s value of each share of stock on the date of ficiary thereof in recognition of the per­ formance of services is considered trans­ charge, and (v) past actions of the such termination of employment. Since cor­ poration X will pay E 10 percent of the fair ferred in connection with the perform­ employer in enforcing the provisions of market value of the corporation X stock for ance of services within the meaning of

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 *10792 PROPOSED RULE MAKING

section 83. The transfer of property is quent holder (other than the canceled in connection with a public subject to section 83 whether such trans­ transferor). offering of the stock, such cancellation fer is in respect of past, present, or future will generally be regarded as noncom­ services. A requirement resulting in a substantial risk of forfeiture will not be considered pensatory. However, the mere fact that § 1.83—4 Special rules. to result in a nonlapse restriction. Reg­ the employer is willing to forego a deduc­ istration requirements imposed by Fed­ tion under section 83(h) is insufficient (a) Holding period. Under section 83 evidence to establish a noncompensatory eral or State securities law or similar (f), the holding period of property to cancellation of a nonlapse restriction. In laws with respect to sales or other dis­ which section 83(a) applies shall begin addition, a corporation’s refusal to re­ positions of stock or securities will not when the transfer of such property be­ purchase its own stock subject to a right be considered to result in a nonlapse re­ comes complete. However, if the person of first refusal in such corporation will striction. An obligation to resell prop­ who has performed the services in con­ generally be treated as a cancellation of erty transferred in connection with the nection with which property is trans­ such nonlapse restriction. ferred has made an election under performance of services to the person for whom such services were performed at (2) Evidence of noncompensatory section 83(b), the holding period of such cancellation. In addition to the informa­ property shall begin on the date such its fair market value at the time of such sale is not a nonlapse restriction. tion necessary to establish the factors property was transferred. If property to described in subparagraph (1) of this which section 83 and the regulations (b) Valuation. In the case of property subject to a nonlapse restriction, the paragraph, the taxpayer referred to in thereunder apply is transferred at arm’s subparagraph (1) of this paragraph shall length, the holding period of such prop­ price determined under the formula price shall be deemed to be the fair mar­ request his employer to furnish him with erty in the hands of the transferee shall a written statement indicating that the begin on the date of such transfer. ket value of the property unless estab­ lished to the contrary by the Commis­ employer will not treat the cancellation (b) Basis. (1) Except as provided in of the nonlapse restriction as a compen­ sioner, and the burden of proof shall be subparagraph (2) of this paragraph, if satory event, and that no deduction will on the Commissioner with respect to property to which section 83 and the be taken with respect to such cancella­ such value. If stock in a corporation is regulations thereunder apply is acquired tion. The taxpayer shall file such written subject to a nonlapse restriction which by any person (including a person who statement with his income tax return for allows the transferee to sell such stock acquires such property in a subsequent the taxable year in which or with which only at a formula price based upon book transfer which is not at arm’s length), such cancellation occurs. value or a reasonable multiple of earn­ such person’s basis for the property so (d) Examples. The provisions of this acquired shall be the stun of any amount ings, the price so determined will ordi­ narily be regarded as determinative of section may be illustrated by the follow­ paid for such property and any amount ing examples: included in the gross income of the per­ the value of such property for purposes son who performed the services in con­ of section 83. Example (1). On November 1, 1971, X cor­ nection with which such property was (c) Cancellation— (1) In general. U n­ poration whose shares are closely held and not regularly traded, transfers to E, an em­ transferred. der section 83(d) (2), if a nonlapse re­ striction to which property is subject ployee, 100 shares of X corporation stock (2) If property to which § 1.83-1 subject to the sole condition that, if he de­ applies is transferred at arm’s length, the is canceled, then, unless the taxpayer sires to dispose of such stock during the basis of the property in the hands of the establishes— period of his employment, he must resell transferee shall be determined under sec­ (i) That such cancellation was not the stock to his employer at its then existing tion 1012 and the regulations thereunder. compensatory, and book value, and he or his estate is obligated (c) Certain notes transferred to em­ (ii) That the person, if any, who to offer to sell the stock at his retirement ployee or independent contractor. Notes would be allowed a deduction if the can­ or death to his employer at its then existing cellation were treated as compensatory, book value. Under these facts and circum­ or other evidences of indebtedness trans­ stances, the restriction to which the shares of ferred in connection with the perform­ will treat the transaction as not com­ X corporation stock are subject is a nonlapse ance of services constitute compensation pensatory, as provided in subparagraph restriction. Consequently, the fair market in accordance with section 83 and the (2) of this paragraph, value of the X stock is includible in E’s gross regulations thereunder. A taxpayer re­ income as compensation for taxable year the excess of the fair market value of 1971. However, in determining the fair mar­ ceiving a note shall treat the receipt of the property (computed without regard such note as compensation in an amount ket value of the X stock, the book value to the restrictions) at the time of can­ formula price will be regarded as being and at the time determined in accord­ cellation, over the sum of— determinative of such value. ance with section 83 and the regulations (iii) The fair market value of such Example (2). Assume the facts are the thereunder at its fair market value, in­ property (computed by taking the re­ same as in example (1 ), except that the X cluding any adjustment for discount or stock is subject to the sole condition that if striction into account) immediately be­ E desires to dispose of the stock during the premium computed with reference to the fore the cancellation, and prevailing interest rate. As payments are period of his employment he must resell received on such a note, there shall be (iv) The amount, if any, paid for the the stock to his employer at a multiple of cancellation, earnings per share that is in this case a rea­ included in income that portion of each sonable approximation of value at the time payment which represents the propor­ shall be treated as compensation for the of transfer to E, and he is obligated to offer tionate part of the discount originally taxable year in which such cancellation to sell the stock at his retirement or death to taken on the entire note. occurs. Whether there has been a non­ his employer at the same multiple of earn­ ings. Under these facts and circumstances, § 1.83—5 Certain restrictions which will compensatory cancellation of a nonlapse restriction depends upon the particular the restriction to which the X corporation never lapse. stock is subject is a nonlapse restriction- facts and circumstances. Ordinarily the (a) Definition of nonlapse restrictions. Consequently, the fair market value of the fact that the employee is required to X stock is includible in E’s gross income for For purposes of section 83 and the regu­ perform additional services or that the taxable year 1971. However, in determining lations thereunder, a restriction which employee’s salary is adjusted to take the fair market value of the X stock, the by its terms will never lapse (hereinafter such cancellation into account indicates multiple-of-earnings formula price will he called a nonlapse restriction) is— that such cancellation has a compensa­ regarded as determinative of such value. (1) A limitation on the subsequent tory purpose. On the other hand, the fact Example (3 ). On January 1, 1971, X corpo­ transfer of property transferred in con­ that the original purpose of such restric­ ration transfers to E, an employee, 100 shares nection with the performance of services. tion no longer exists may indicate that of stock in X corporation. Each such shar (2) Which allows the transferee of the purpose of such cancellation is non­ of stock is subject to an agreement the property to sell such property at a X and E whereby E agrees that such shares compensatory. Thus, for example, if a are to be held solely for investment purposes price determined under a formula, and so-called “huy-sell” restriction was im­ and not for resale (a so-called investmen (3) Which will continue to apply to, posed on a corporation’s stock to limit letter restriction). Since E’s rights in sucn and to be enforced against any subse- ownership of such stock and is being stock are not subject to a substantial ris

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 PROPOSED RULE MAKING 10793 of forfeiture, the fair market value of each forfeited to a corporation, the amount (a) The option is transferable by the share of X corporation stock is includible includible in gross income shall not ex­ optionee; in E’s gross income as compensation for ceed the amount of such deduction. (b) The option is exercisable immedi­ taxable year 1971. Since such an investment (d) Special rules. Where a shareholderately in full by the optionee; letter restriction does not constitute a non­ (c) The option or the property subject lapse restriction, in determining the fair of a corporation transfers stock to an market value of each share the investment employee of such corporation in con­ to the option is not subject to any re­ letter restriction is disregarded. sideration of services performed for the striction or condition (other than a lien corporation, the transaction shall be con­ or other condition to secure the payment § 1.83-6 Deduction by employer. sidered to be a contribution of such stock of the purchase price) which has a sig­ (a) In general. In the case of a trans­ to the capital of such corporation by the nificant effect upon the fair market value fer of property in connection with the shareholder and a transfer of the stock of the option; and performance of services or a compensa­ by the corporation to the employee. Simi­ (d) The fair market value of the op­ tory cancellation of a restriction de­ larly, where a corporation transfers its tion privilege is readily ascertainable in scribed in section 83(d), there is allowed stock to a person who has performed accordance with subdivision (ii) of this as a deduction under section 162 or 212, services for a subsidiary of such cor­ subparagraph. to the person for whom such services poration, the transaction shall be con­ (ii) The fair market value of an op­ were performed, an amount equal to the sidered— tion includes the value attributable to amount included, under subsection (a ), (1) A contribution of money by the the option privilege and may include the (b), or (d) (2) of section 83 as compen­ corporation to its subsidiary’s capital, value attributable to the right to make sation, in the gross income of the person (2) A purchase of the stock by the an immediate bargain purchase of the who performed such services, but only to subsidiary from the corporation for its property subject to the option. If the the extent such amount meets the re­ full value, and option provides an option price which quirements of section 162 or 212 and the (3) A transfer of the stock by the sub­ is less than the fair market value of the regulations thereunder. Such deduction sidiary to its employee. property subject to the option at the shall be allowed only for the taxable year § 1.83—7 Taxation o f options not sub­ time it is granted, an immediate gain of such person in which or with which ject to sections 421—425. may be realized by exercising the option ends the taxable year for which such at the bargain price and selling the prop­ (a) In general. (1) If there is granted, amount is included as compensation in erty so acquired. However, irrespective in connection with performance of serv­ the gross income of the person who per­ of whether there is a right to make an ices, an option to which section 421 does formed such services. However, no deduc­ immediate bargain purchase of the prop­ not apply, and which has a readily ascer­ tion is allowed under section 83(h) to the erty subject to the option, the fair mar­ tainable fair market value (determined extent that property transferred in con­ ket value of the option includes the value in accordance with paragraph (b) of this nection with the performance of serv­ of the option privilege. The option privi­ ices constitutes a capital expenditure. In section) at the time the option is granted, the person who performed such services lege is the opportunity to benefit at any such a case, the basis of the property to time dining the period the option may which such capital expenditure relates realizes compensation in accordance with the rules stated in § 1.83-1. be exercised from any appreciation dur­ shall be increased at the same time and ing such period in the value of the prop­ to the same extent as any amount is in­ (2) If there is granted, in connection with the performance of services, an op­ erty subject to the option without risk­ cludible in the employee’s gross income ing any capital. Therefore, the fair mar­ in respect of such transfer. Thus, for ex­ tion to which section 421 does not apply and which does not have a readily as­ ket value of an option is not merely the ample, no deduction is allowed to a cor­ difference which may exist at a partic­ poration in respect of a transfer of its certainable fair market value (deter­ mined in accordance with paragraph (b) ular time between the option price and stock to a promoter upon its organiza­ the value of the property subject to the tion, notwithstanding that such pro­ of this section) at the time the option is granted, the person who performed option but also includes the value of moter must include the value of such the option privilege. Accordingly, for stock in his gross income in accordance such services realizes compensation purposes of this section, the fair market with the rules stated in section 83. For when the property subject to the option value of the option is not readily ascer­ Purposes of this paragraph, any amount is transferred upon the exercise of such tainable unless the value of the option excluded from gross income under sec­ option in accordance with the rules privilege can be measured with reason­ tion 101(b) of subchapter N shall be con­ stated in § 1.83-1, even though the fair able accuracy. In determining whether sidered to have been included in gross market value of such option may become income. readily ascertainable before such time. the value of the option privilege is readily (b) Recognition of gain or loss. The (b) Readily ascertainable defined— ascertainable, and in determining the amount of such value when such value is transfer of property in connection with (1) Actively traded on an established the performance of services constitutes, market. Options have a value at the time readily ascertainable, it is necessary to at the time a deduction is allowed under they are granted, but that value is ordi­ consider— section 83(h) and paragraph (a) of this narily not readily ascertainable unless (a) Whether the value of the prop­ section in respect of such transfer, a dis­ the option is actively traded on an estab­ erty subject to the option can be ascer­ position of such property upon which, lished market. If an option is actively tained; except as provided in section 1032 and traded on an established market, the (b ) The probability of any ascertain­ the regulations thereunder, gain or loss fair market value of such option is read­ able value of such property increasing is recognized. For purposes of determin­ ily ascertainable for purposes of this sec­ or decreasing; and ing the amount of such gain or loss, the tion by applying the rules of valuation (c) The length of the period during amount realized from such disposition is set forth in § 20.2031-2 of this chapter which the option can be exercised. the amount allowed as a deduction under (the Estate Tax Regulations). § 1.83—8 Applicability o f section and section 83(h) and paragraph (a) of this (2) Not actively traded on an estab­ transitional rules. section. lished market, (i) When an option is not forfeitures. If, under section 83 actively traded on an established mar­ (a) Scope of section 83. Section 83 is to) and paragraph (a) of this section, a ket, the fair market value of the option not applicable to— reduction was allowed in respect of a is not readily ascertainable unless the (1) A transfer of an option to which :^nsfer of property and such property is fair market value of the option can be section 421 applies; subsequently forfeited, the person to measured with reasonable accuracy. For (2) Except as provided in sections 402 in l ^ s?ck deduction was allowed shall purposes of this section, if an option is (b) and 403(c) and the regulations there­ nciude in gross income as ordinary gain not actively traded on an established under, a transfer to or from a trust for tne excess of the fair market value of market, the option does not have a read­ the benefit of employees (whether or not f Property at the time of such for- ily ascertainable fair market value when qualified under section 401(a)), a trans­ . r “ure over the amount paid (if any) granted unless the taxpayer can show fer under an annuity plan whether or pop such forfeiture. If its own stock is that all of the following conditions exist: not it meets the requirements of section

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10794 PROPOSED RULE MAKING

404(a)(2), or a transfer under an an­ tion, it is not necessary that the stock­ der a stock bonus, pension, annuity, or nuity plan whether or not it meets the holders have adopted o r approved such profit sharing plan or amounts paid or requirements of section 403(b); plan if State law does not require such accrued under any other plan deferring (3) The transfer of an option without approval. However, such approval is nec­ the receipt of compensation, see section a readily ascertainable fair market value essary if required by the articles of in­ 404 and the regulations thereunder. For (as defined in paragraph (b )(1 ) of corporation or the bylaws or if, by its the rules relating to the deduction for § 1.83-7); or terms, such plan will not become effec­ property transferred in connection with (4) The transfer of property pursuant tive without such approval. the performance of services, see section to the exercise of an option with a (5) Certain options granted pursuant 83(h) and the regulations thereunder. readily ascertainable fair market value to a binding written contract. Section 83 P ar. 6. Section 1.402(b) is amended to at the date of grant. shall not apply to property transferred read as follows: before January 1,1973, upon the exercise However, section 83 does apply to a trans­ § 1.402(b) Statutory provisions; taxa­ of an option granted pursuant to a bind­ fer to or from a trust or under an an­ bility of beneficiary of employee’s ing written contract (as defined in sub- nuity plan for the benefit of a person trust, nonexempt trust. paragraph (2) of this paragraph) en­ (other than an employee) who performs tered into before April 22, 1969, between Sec. 402. Taxability of beneficiary of em­ services for the transferor. ployee’s trust. * * * a corporation and the transferor of such (b) Transitional rules— (1) In general. (b ) Taxability of beneficiary of non­ property requiring the transferor to Except as otherwise provided in this par­ exempt trust. Contributions to an employee’s grant options to employees of such corpo­ agraph, section 83 and the regulations trust made by an employer during a taxable ration (or a subsidiary of such corpo­ thereunder shall apply to property trans­ year of the employer which ends within or ration) to purchase a determinable num­ with a taxable year of the trust for which ferred after June 30, 1969. ber of shares of stock of such corporation, the trust is not exempt from tax under (2) Binding written contracts. Section but only if the transferee was an em­ section 501(a) shall be included in the gross 83 and the regulations thereunder shall ployee of such corporation (or a sub­ income of the employee in accordance with not apply to property transferred pur­ section 83 (relating to property transferred sidiary of such corporation) on or before suant to binding written contract entered in connection with the performance of serv­ April 22,1969. into before April 22, 1969. For purposes ices) , except that the value of the employee’s (6) Certain tax free exchanges. Sec­ of this paragraph, a binding written con­ interest in such trust shall be substituted tion 83 shall not apply to property trans­ for the fair market value of the property for tract means only a written contract ferred in exchange for (or pursuant to purposes of applying such section. The under which the employee has an en­ the exercise of a conversion privilege amount actuaUy distributed or made avail­ forceable right to compel the transfer of contained in) property 'transferred be­ able to any distributee by any such trust property or to obtain damages upon the shall be taxable to him in the taxable year fore July 1,1969, or for property to which in which so distributed or made available, breach of such contract. A contract which section 83 does not apply (by reason of provides that the individual’s right to under section 72 (relating to annuities), paragraphs (1), (2), (3), or (4) of sec­ except that distributions of such trust before such property is contingent upon the tion 83 (i), if section 354, 355, 356, or happening of an event (including the the annuity starting date (as defined in 1036 (or so much of section 1031 as re­ section 72(c) (4 )) shall be included in the passage of time) may satisfy the re­ lates to section 1036) ) applies, or if gain gross income of the employee without re­ quirements of this paragraph. However, or loss is not otherwise required to be gard to section 72(e) (1) (relating to amount if the event itself, or the determination recognized upon the exercise of such not received as annuities). A beneficiary of whether the event has occurred, rests conversion privilege, and if the property Of any such trust shall not be considered with the board of directors or any other as the owner of any portion of such trust received in such exchange is subject to under subpart E of Part I of subchapter J individual or group acting on behalf of restrictions and conditions substantially the employer (other than an arbitrator), (relating to grantors and others treated as similar to those to which the property substantial owners). the contract will not be treated as giv­ given in such exchange was subject. ing the employee an enforceable right (Sec. 402(b) as amended by sec. 232(e)(2), for purposes of this paragraph. However, P ar. 4. Section 1.162-9 is amended to Rev. Act 1964 ( 78 Stat. I l l ) and sec. 321(b) the binding nature of the contract will read as follows : (1 ), Tax Reform Act 1969 (83 Stat. 590)) not be negated by a provision in such § 1.162—9 Bonuses to employees. Par. 7. Section 1.402(b)-l is amended contract which allows the employee or to read as follows: independent contractor to terminate the Bonuses to employees will constitute allowable deductions from gross income § 1.402 ( b ) - l Treatment of beneficiary contract for any year and receive cash o f trust not exempt under section instead of property if such election would when such payments are made in good 5 0 1 (a ). cause a substantial penalty, such as a faith and as additional compensation for forfeiture of part or all of the property the services actually rendered by the em­ (a) Taxation by reason of employer received in connection with the perform­ ployees, provided such payments when contributions made after August l, ance of services in an earlier year. added to the stipulated salaries do not 1969— (1) Taxation of contributions. (3) Options granted before April 22, exceed a reasonable compensation. It is Any contribution (other than a contri­ 1969. Section 83 shall not apply to prop­ immaterial whether such bonuses are bution described in paragraph (d) (1) erty received upon the exercise of an paid in cash or in property or partly in of this section) made by an employer option granted before April 22, 1969. cash and partly in property. For the rules •after August 1, 1969, on behalf of a (4) Certain written plans. Section 83 with respect to when compensation paid employee to a trust during a taxa shall not apply to property transferred in property, and the amount, is included year of the employer which ends witnm (whether or not by the exercise of an in the gross income of the employees and or with a taxable year of the trust i option) before May 1, 1970, pursuant to when it is deductible by employers, see which the trust is not exempt under sec­ a written plan adopted and approved be­ section 83 and the regulations there­ tion 501(a) shall be included as com­ fore July 1, 1969. A plan is to be con­ under. Donations made to employees and pensation in the gross income of sidered as having been adopted and ap­ others, which do not have in them ele­ employee for his taxable year du proved before July 1, 1969, only if prior ments of compensation or which are in which the contribution is made, but omy to such date the transferor of the prop­ exdess of reasonable compensation for to the extent to which the employee s erty undertook an ascertainable course services are not deductible from gross terest in such contribution is vested at of conduct which under applicable State income. the time the contribution is made. (2) Meaning of vested. An employee law does not require further approval by P ar. 5. Paragraph (C) of § 1.162-10 is beneficial interest in a contribute the board of directors or the stockholders amended to read as follows: of any corporation. For example, if a premium is vested for purposes oi_ sec § 1.162—10 Certain employee benefits. corporation transfers property to an em­ tions 402(b), 403(c) and 404(a) (5) t ployee in connection with the perform­ ***** the extent such employee’s inter es _ ance of services pursuant to a 1 plan (c) Other plans providing deferredsuch contribution or premium is trans adopted and approved before July 1,1969, compensation. For the rules relating to ferable (as defined in paragraph w by the board of directors of such corpora­ the deduction of amounts paid to or un­ § 1.83-3) or not subject to a substant

FEDERAL ROGESTER, VOL. 36, NO. 107— THURSDAY, JUNE# 3, 1971 PROPOSED RULE MAKING 10795 risk of forfeiture (as defined in para­ is not maintained for each employee, the (5) Basis. The basis of an employee’s graph (c) of § 1.83—3). value of an employee’s interest in such interest in a trust which is not exempt (3) Determination of amount of em­ trust shall be determined in accordance under section 501(a) shall be increased ployer contributions. If, for an employee, with the formula described in subpara­ by the amount included in his gross in­ the actual amount of employer contribu­ graph (4) of § 1.403 (b )-1 (d ). come under this section. tions (as defined in subparagraph ( 1 ) of (iii) If there is no valuation of a non­ (6 ) Treatment as owner of trust. A this paragraph) for any taxable year exempt trust’s assets on the date of the beneficiary of an employee’s trust shall are not known, such amount shall be change referred to in subparagraph ( 1 ) not be considered to be the owner under either an amount equal to the excess of— of this paragraph, the value of an em­ subpart E, part I, subchapter J, chapter 1 (i) The amount determined in accord­ ployee’s interest in such trust is deter­ of the Code of any portion of such trust ance with the formula described in sub- mined by taking the weighted average which is attributable to contributions to paragraph (4) of § 1.403(b)-1(d) as of of the means between the nearest valua­ such trust made by the employer after the end of such taxable year, over tion dates occurring before and after the August 1,1969, or to incidental contribu­ date of such change. The average is to tions made by the employee after such (ii) The amount determined in ac­ be weighted inversely by the respective date. However, where contributions made cordance with the formula described in number of days between the valuation subparagraph (4) of § 1.403(b)—1(d) as by the employee are not incidental in dates and the date of such change. The relation to contributions made by the of the end of the prior taxable year, average is to be determined in the man­ employer, such beneficiary shall, if the or the amount determined under any ner described in paragraph (b) of other method utilizing recognized actu­ § 20.2031-2 of this chapter (the Estate applicable requirements of such subpart arial principles which are consistent with and Gift Tax Regulations). E are satisfied, be considered to be the the provisions of the plan under which (3) Extent to which value of an em­ owner of the portion of the trust which is such contributions are made and the ployee’s interest in trust is includable in attributable to contributions made by method adopted by the employer for employee’s gross income. For purposes the employee. For purposes of this sub- funding the benefits under the plan. of subparagraph ( 1 ) of this paragraph, paragraph, contributions made by an (b) Taxability of employee when rightsthere shall be included in the gross in­ under nonexempt trust change from non­ come of an employee for his taxable year employee are not incidental in relation nested to vested— (1) In general. If rights in which his rights under an employee’s to contributions made by his employer of an employee under a trust during a trust change from nonvested to vested if the employee’s total contributions as taxable year of the employee (ending only an amount equal to the portion of of any date exceed the employer’s con­ the value of the employee’s interest in after August 1, 1969) which ends within tributions as of such date. or with a taxable year of the trust for such trust on, the date of such change (7) Example. The provisions in this which the trust is not exempt under sec­ attributable to contributions made by tion 501(a) change from non vested to the employer after August 1, 1969. How­ paragraph may be illustrated by the fol­ vested, the value of the employee’s inter­ ever, the preceding sentence shall not lowing example: est in the trust on the date of such apply— Example. M corporation establishes an change shall, to the extent provided in (i) To the extent such value is attrib­ employee’s trust which is not exempt under subparagraph (3) of this paragraph, be utable to a contribution made on the section 501(a) on January 1, 1968, for A, included in his gross income for the tax­ date of such charlge, and one of its employees, reserving the right to able year. If an employee’s rights in a (ii) To the extent such value is at­ discontinue contributions at any time. M trust which is exempt under section 501 tributable to contributions described in corporation contributes $5,000 to the trust on February 1, 1968. At the time of contribu­ (a) are fully vested at a time when such paragraph (d) ( 1 ) (ii) of this section, tion A ’s rights were 50 percent vested. On trust ceases to be so exempt, then such relating to contributions made pursuant January 1, 1971, and January 1, 1974, M cor­ employee must include the value of his to a binding written contract entered poration makes additional $5,000 contribu­ interest in such trust in his gross income into before April 22,1969. tions to the trust. A’s interest in the trust changed from a 50 percent vested interest as compensation for his taxable year For purposes of this subparagraph, the which ends within or with the taxable to a-fully vested interest in the trust on De­ value of an employee’s interest in a trust year of the trust in which it ceases to be cember 31, 1974. The value of the employee’s which is attributable to contributions so exempt. However, in such a case the interest in the trust on December 31, 1974, made by the employer after August 1, which is attributable to employer contribu­ employer shall not be allowed a deduc­ 1969, in an amount which bears the same tions made after August 1, 1969, is calculated tion for any amount previously deducti­ ratio to the value of the employee’s in­ to be $11,000 under subparagraph (3) of this ble in any prior taxable year in respect terest as the contributions made by the paragraph. The amount includible in A’s of the employee’s interest in the trust. gross income for 1971 and 1974 is computed employer after such date bear to’the total (2) Value of an employee’s interest in as follows: contributions made by the employer. 1971 a trust, (i) For purposes of this section, (4) Partial vesting. If, during any tax­ the term “the value of an employee’s able year of an employee, only part of his (i) Amount of M corporation’s con­ interest in a trust”, means the amount tribution made on January 1, 1971, rights under an employee’s trust which is to the trust which is includable in of the employee’s beneficial interest not exempt under section 501 (a) changes (whether or not vested) in the net fair A’s gross income under subpara­ from nonvested to vested, then only the graph (1) of this paragraph (50 market value of all the assets in such corresponding part of the value of the percent vested interest in the trust trust as of any day when such employee’s employee’s interest in such trust is in­ times $5,000 contribution)______$2, 500 interest in such trust changes from non- cludible in the employee’s gross income 1974 vested to vested. The net fair market for such taxable year. In such a case, it value of all the assets in a trust is the is first necessary to compute, under the (1) Amount of M corporation’s con­ tribution made on January 1,1974, total amount of the fair market values rules in subparagraphs ( 1 ) and ( 2 ) of (detemiined without regard to any re­ to the trust which is includable in this paragraph the amount which would A ’s gross income under subpara­ striction other than a restriction which be includible in the employee’s gross graph (1) of this paragraph (50 by its terms will never lapse) of all the income for the taxable year if his in­ percent vested interest in the assets in the trust less the amount of all terest had changed to a fully vested in­ trust times $5,000 contribution)__$2, 500 the liabilities (including taxes) to which terest during such year. The amount (ii) Amount which would have been such assets are subject or which such which is includible in the gross income includible if A’s entire interest trust has assumed (other than the rights of the employee for the taxable year in had changed to a vested interest of any employee in such assets), as of which* the change occurs is an amount (value of employee’s interest in any day when an employee's interest in the trust attributable to employer equal to the amount determined under contributions made after August 1, such trust changes from nonvested to the preceding sentence multiplied by the vested. 1969) ______$11,000 percent of the employee’s interest which (iii) Percent of A ’s interest that (h) If a separate account in a trustchanged to a vested interest during the changed to vested interest on for the benefit of two or more employees taxable year. December 31, 1974______50%

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 No. 107----- 5 10796 PROPOSED RULE MAKING

(iv) Amount Includable in A ’s gross which has been previously Includible in may live only a short period after the income for 1974 in respect of bis his gross income. retirement date, and may not be able to percentage change from a non* vested to vested interest in the • (d) Taxation by reason of employer enjoy the receipt of annuity or pension trust (50 percent of $11,000)_____ $5, 500 contributions made on or before Au­ payments, does not make his beneficial (v) Total amount includable in A’s gust 1, 1909. ( 1) Except as provided in interest in the contributions made by the gross income for 1974 ((1) plus section 402(d), any contribution made by employer on his behalf forfeitable. If (iv )) ...... $8,000 an employer on behalf of an employee— the employer’s contributions have been (c) Taxation of distributions from (i) On or before August 1, 1969, or irrevocably applied to purchase an an­ trust not exempt under section 501(a) — (ii) After such date, if pursuant to a nuity for the employee provided only (1) In general. Any amount actually binding written contract (as defined the trustee is obligated to use the em­ distributed or made available to any in paragraph (b)(2) of §1.83-8) en­ ployer’s contributions to provide an an­ distributee by an employees’ trust tered into before April 22, 1969, or pur­ nuity for the employee provided only which is not exempt under section 501(a) suant to a written plan in which the that the employee is alive on the dates for the taxable year of the trust in which employee participated on such date and the annuity payments are due, the em­ the distribution is made shall be tax­ under which the obligation of the em­ ployee’s rights in the employer’s contri­ able in the year in which so distributed ployer is essentially the same as under butions are nonforfeitable. or made available under section 72 (relat­ a binding written contract, P ar. 8. Section 1.403(c) is amended to ing to annuities). For taxable years to a trust during a taxable year of the read as follows: beginning before January 1, 1964, sec­ employer which ends within or with a § 1.403(c) Statutory provisions; taxa­ tion 72(e) (3) (relating to the treatment taxable year of the trust for which the tion of employee annuities, taxability of certain lump sums), as in effect before trust is not exempt under section 501(a) if beneficiary under nonqualified such date, shall not apply to such shall be included in income of the em­ annuity. amounts. For taxable years beginning ployee for his taxable year during which Sec. 403. Taxation of employee annui­ after December 31, 1963, such amounts the contribution is made if the em­ ties. * * * may be taken into account in computa­ ploy’s beneficial interest in the contri­ (c) Taxability of beneficiary under non­ tions under sections 1301 through 1305 bution is nonforfeitable at the time the qualified annuities or under annuities pur­ (relating to income averaging). If, for contribution is made. If the employee’s chased by exempt organization. Premiums paid by an employer for an annuity contract example, the distribution from such a beneficial interest in the contribution is trust consists of an annuity contract, which is not subject to subsection (a) shall forefeitable at the time the contribution be Included In the gross income of the em­ the amount of the distribution shall be is made, even though his interest be­ ployee in accordance with section 83 (relat­ considered to be the entire value of the comes nonforfeitable later the amount ing to property transferred in connection contract at the time of distribution, and of such contribution is not required to with performance of services), except that such value is includible in the gross in­ be included in the income of the em­ the value of such contract shall be substi­ come of the distributee at the time of ployee at the time his interest becomes tuted for the fair market value of the prop­ the distribution to the extent that such nonforfeitable. erty for purposes of applying such section. The preceding sentence shall not apply to value exceeds the investment in the con­ (2) (i) An employee’s beneficial in­ tract determined by applying sections 72 that portion of the premiums paid which is terest in the contribution is non­ excluded from gross income under subsection and 101(b). The distributions by such an forfeitable within the meaning of sec­ (b). The amount actually paid or made employees’ trust shall be taxed as pro­ tions 402(b), 403(c), and 404(a) (5) prior available to any beneficiary under such con­ vided in section 72 whether or not the to the amendments made thereto by the tract shall be taxable to him in the year in employee’s rights to the contributions Tax Reform Act of 1969 and section which so paid or made available under sec­ were nonforfeitable (within the mean­ 403(b) at the time the contribution is tion 72 (relating to annuities), ing of paragraph (d) (2 ) (i) of this sec­ made if there is no contingency under [Sec. 403(c) as relettered by sec. 23(a) Tech­ tion, relating generally to employer con­ the plan which may cause the employee nical Amendments Act 1958 (72 Stat. 1620), tributions made on or before August 1, to lose his rights in the contribution. as amended by sec. 232(e) (6), Rev. Act 1964 1969) ox vested (within the meaning of Similarly, an employee’s rights under an (78 Stat. I l l ) and as amended by sec. 321 paragraph (a) ( 1 ) of this section) when annuity contract purchased for him by (b) (2) of the Tax Reform Act of 1969 (83 the contributions were made or at any his employer change from forfeitable Stat. 571)] P ar. 9. Section 1.403(0-1 is amended time thereafter. For rules relating to the to nonforfeitable rights within the treatment of employer contributions to meaning of section 403(d) prior to the to read as follows: a nonexempt trust as part of the con­ repeal thereof by the Tax Reform Act § 1.403 (c ) - l Taxability of beneficiary sideration paid by the employee, see sec­ of 1969 at that time when, for the first under a nonqualified annuity. tion 72(f) . For rules relating to the treat­ time, there is no contingency which may (a) Taxability of vested interest in ment of the limited exclusion allowable cause the employee to lose his rights premiums. If an employer (whether or under section 101(b) (2) (D ) as additional under the contract. For example, if un­ not exempt under section 501(a) or 521 consideration paid by the employee, see der the terms of a pension plan, an em­ ( a ) ) purchases an annuity contract the regulations under that section. ployee upon termination of his services (other than an annuity contract de­ before the retirement date, whether vol­ (2) Distributions before annuity start­ scribed in paragraph (d)(1 )(h ) of this untarily or involuntarily, is entitled to ing date. Any amount distributed or section), and if the premiums paid for made available to any distributee before a deferred annuity contract to be pur­ the contract after August 1, 1969, arc the annuity starting date (as defined in chased with the employer’s contributions not subject to paragraph (a) of i 1-4U made on his behalf, or is entitled to section 72(c) (4 )) by an employees’ trust (a ) - l the amount of such Prem^®® which is not exempt under section 501 (a) annuity payments which the trustee is shall, to the extent it is not excludioie obligated to make under the terms of for the taxable year of the trust in which under paragraph (b) of § 1.403 (b )-l, o the trust instrument based on the con­ the distribution is made shall be treated included as compensation in the gras tributions made by the employer on his as being made in the following order— income of the employee for the taxaai behalf, the employee’s beneficial interest (i) First, from the employee’s non- year during which such premiums a in such contributions is nonforfeitable. vested interest in the trust but only to paid, but only to the extent to wnic (ii) On the other hand, if, under the the extent , that such a distribution is the employee's rights in such premiums terms of a pension plan, an employee treated as such under the plan of which are vested at the time the premiums are will lose the right to any annuity pur­ such trust is a part, paid. As to what constitutes vestea chased from, or to be provided by, con­ rights, see paragraph ( a ) ( 2 ) of §/• (ii) Second, from the portion of the tributions made by the employer if his (b ) -l . If an employer has purchaseu employee’s vested interest in the trust services should be terminated before re­ annuity contracts and transferred t which has not been previously includible tirement, his beneficial interest in such in his gross income, and contributions is forfeitable. to a trust for the purpose of providing (iii) Third, from the portion of the (iii) The mere fact that an employee annuity contracts for his employee, employee’s vested interest in the trust may not live to the retirement date, or amount so paid or contributed shall e

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 PROPOSED RULE MAKING 10797 treated as a contribution to a trust de­ come for such taxable year. In such a nonforfeitable, except for failure to pay scribed in section 402(b) . For the rules case, it is first necessary to compute, future premiums. If the annuity contract relating to the taxation of the cost of under the rules in subparagraphs ( 1 ) and was purchased by an employer which is life insurance protection and the pro­ (2 ) of this paragraph but without re­ not exempt from tax under section ceeds thereunder, see § 1.72-16. gard to any exclusion allowable under 501(a) or section 521(a), and if the em­ (b) Taxability of employee when paragraph (b) of § 1.403 (b)-l, the ployee’s rights under the annuity con­ rights under annuity contract change amount which would be includible in the tract in such a case were forfeitable at from nonvested to vested— (1) In gen­ employee’s gross income for the taxable the time the employer’s contribution was made for the annuity contract, even eral. If, during a taxable year of an em­ year if his entire beneficial interest in the though they became nonforfeitable later ployee ending after August 1, 1969, the annuity contract had changed to a vested the amount of such contribution is not rights of such employee under an an­ interest during such year. The amount required to be included in the income nuity contract purchased for him by that is includible (without regard to any of the employee at the time his rights an employer (whether or not exempt exclusion allowed by paragraph (b) of under the contract become nonforfeit­ under section 501(a) or 521(a)) change § 1.403 (b) —1) in the gross income of the able. On the other hand, if the annuity from nonvested to vested, the value of employee for the taxable year in which contract is purchased by an employer the annuity contract on the date of such the change occurs is an amount equal which is exempt from tax under section change shall, to the extent provided in to the amount determined under the 501(a) or section 521(a), all or part of subparagraph (2 ) of this paragraph, be preceding sentence multiplied by the per­ the value of the contract may be in­ included in the employee’s gross income cent of the employee’s beneficial interest cludable in his employee’s gross income for such taxable year. The preceding which changed to a vested interest dur­ at the time his rights under the contract sentence shall not apply, however, to an ing the taxable year. If at the time the become nonforfeitable (see section annuity contract purchased and held as employee’s interest changes to a vested 403(d) prior to the repeal thereof by the part of a plan which met at the time of interest, the employer is an organization Tax Reform Act of 1969 and the regu­ such purchase and continues to meet described in section 501(c) (3) and ex­ lations thereunder). As to what consti­ the requirements of section 404(a) (2) empt from tax under section 501(a), tutes nonforfeitable rights of an em­ or an annuity contract described in par­ then the amount that is includible in ployee, see § 1.402(b)-l(d) (2). The agraph (d )(1 ) (h) of this section. For the employee’s gross income under this amounts received by or made available purposes of this section, the value of an subparagraph is considered as an em­ to the employee under the annuity con­ annuity contact on the date the em­ ployer contribution to which the exclu­ tract shall be included in the gross in­ ployee’s rights change from nonvested sion provided in paragraph (b) of § 1.403 come of the employee for the taxable to vested means the cash surrender val­ ( b ) - l applies (see paragraph ( b ) ( 2 ) of year in which received or made available, ue of such contract on such date. § 1.403 (b ) - l ) . (c) Amounts received or made avail­ as provided in section 72 (relating to (2) Extent to which value of annuity annuities). For taxable years beginning contract is includible in employee’s able under an annuity contract. The amounts received by or made available before January 1, 1964, section 72(e) (3) gross income. For purposes of subpara­ (relating to the treatment of certain graph (1) of this paragraph, there shall to the employee under an annuity con­ tract shall be included in the gross in­ lump sums), as in effect before such date, be included in the gross income' of an shall not apply to such amounts. For employee for his taxable year in which come of the employee for the taxable year in which received or made avail­ taxable years beginning after Decem­ his rights under an annuity contract ber 31, 1963, such amounts may be taken change from nonvested to vested only able, as provided in section 72 (relating to annuities). Such amounts may be into account in computations under sec­ an amount equal to the portion of the tions 1301 through 1305 (relating to in­ value of such contract on the date of taken into account in computations under sections 1301 through 1305 (relat­ come averaging). For rules relating to such change attributable to premiums the treatment of employer contributions which were paid after August 1, 1969, ing to income averaging). For rules re­ lating to the treatment of employer con­ as part of the consideration paid by the and which are not excludible from the employee, see section 7 2 (f). See also sec­ employees’ gross inqome under para­ tributions as part of the consideration paid by the employee, see section 72(f) . tion 101(b)(2 )(D ) for rules relating to graph (b) of § 1.403(b)-l. However, the the treatment of the limited exclusion preceding sentence shall not apply— See also section 101(b)(2 )(D ) for rules relating to the treatment of the limited provided thereunder as part of the con­ (i) To the extent such value is at­ sideration paid by the employee. tributable to a premium paid on the date exclusion provided thereunder as part (2) If an employer has purchased an­ of such change, and of the consideration paid by the employee. nuity contracts and transferred them to (ii) To the extent such value is at­ (d) Taxability of beneficiary under a a trust, or if an employer has made con­ tributable to premiums described in par­ nonqualified annuity on or before Au­ tributions to a trust for the purpose agraph (d) ( 1 ) (ii) of this section, relat­ gust 1, 1969. (1) Except as provided in of providing annuity contracts for his ing to premiums paid pursuant to a section 402(d), if an employer purchases employees as provided in section 402(d) binding written contract entered into be­ an annuity contract and if the amounts (see paragraph (a) of § 1.402(d)-l), the fore April 22, 1969. paid for the contract— amount so paid or contributed is not re­ The value of such an annuity contract (i) On or before August 1, 1969, or quired to be included in the income of the employee, but any amount received by or is not includible in the gross income of (ii) After such date, if pursuant to a made available to the employee under the employee for the year in which the binding written contract (as defined in the annuity contract shall be includible change occurs to the extent that it is paragraph (b) (2) of § 1.83-8) entered in the gross income of the employee for excludible under paragraph (b) of into before April 22,1969, or pursuant to the taxable year in which received or H.403(b)-1. See paragraph (b )(2 ) of a written plan in which the employee made available, as provided in section § 1.403 (b )- l which provides that the participated on such date and under 72 (relating to annuities). For taxable amount otherwise includible in gross in­ which the obligation of the employer is years beginning before January 1, 1964, come under section 403(c) is considered essentially the same as under a binding section 72(e)(3) (relating to the treat­ to be a contribution by the employer for written contract. Purposes of the exclusion provided in ment of certain lump sums), as in effect Paragraph (b) of § 1.403 (b )- l. are not subject to paragraph (a) of before such date, shall not apply to any , (3) ^artial vesting. If, during any tax­ § 1.403(a)-l or paragraph (a) of § 1.403 amount received by or made available able year of an employee, only part of (b )-l, the amount of such contribution to the employee under the annuity con­ fus beneficial interest in an annuity con­ shall, to the extent it is not excludable tract. For taxable years beginning after tact changes from a nonvested to a under paragraph (b) of § 1.403 (b )-l, be December 31, 1963, amounts received by included in the income of the employee ested interest, then only the corre­ or made available to the employee under for the taxable year during which such sponding part of the value of the an­ contribution is made if, at the time the the annuity contract may be taken into nuity contract on the date of such change contribution is made, the employee’s account in computations under sections mcludible in the employee’s gross in­ rights under the annuity contract are 1301 through 1305 (relating to income

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10798 PROPOSED RULE MAKING

averaging). In such case the amount paid taxable year. For purposes of this sec­ (1) On or before August 1, 1969, or or contributed by the employer shall not tion, the value of an annuity contract (2> After such date, if pursuant to a constitute consideration paid by the em­ on the date the employee’s rights change binding written contract (as defined in ployees for such annuity contract in de­ from forfeitable to nonforfeitable rights paragraph (b) (2) of § 1.83-8) entered termining the amount of annuity pay­ means the cash surrender value of such into before April 22, 1969, or pursuant ments required to be included in his contract on such date. As to what con­ to a written plan in which the employee gross income under section 72 unless the stitutes nonforfeitable rights of an em­ participated on such date and under employee has paid income tax for any ployee, see § 1.402(b)-1(d)(2). which the obligation of the employer taxable year beginning before January 1, * * * * * is essentially the same as under a bind­ 1949, 'with respect to such payment or (c) Partial vesting. * * * ing written contract. contribution by the employer for such (2) Example. The provisions in sub- year and such tax is not credited or re­ For the rules with respect to premiums paraferaph ( 1 ) of this paragraph may be paid after August 1, 1969, under an an­ funded to the employee. In the event such illustrated by the following example: tax has been paid and not credited or re­ nuity contract (other than an annuity funded the amount paid or contributed Example. X Organization purchased an contract purchased and held as part of annuity contract for A, one of its employees a plan which met at the time of such by the employer for such year shall con­ who reports his income on a calendar year stitute consideration paid by the em­ purchase and continues to meet the re­ basis. X contributed one-third of the quirements of section 404(a)(2) or an ployee for the annuity contract in deter­ amount necessary to purchase the contract mining the amount of the annuity re­ before January 1, 1958, and the remaining annuity contract described in subpara­ quired to be included in the income of two-third after December 31, 1957. At the graph (2 ) of this paragraph), purchased the employee under section 72. time of the contributions, X was an organiza­ for an employee by an employer which tion exempt from tax under section 501(a) is exempt from tax under section 501(a) (3) For taxable years beginning before and A’s rights under the contract were for­ or 521(a), see section 403(c) and the January 1,1958, the provisions contained feitable. The annuity contract was not pur­ regulations thereunder. in section 403(c) prior to the amend­ chased as part of a qualified plan and A made ment made thereto by the Tax Reform no contributions toward the purchase of the P ar. 12. Paragraph (5) of § 1.404(a) Act of 1969, were included in section 403 contract. On December 31, 1965, 50 percent is amended to read as follows: of A’s interest in the contract changed from a (b ) of the Internal Revenue Code of § 1.404(a) Statutory; deductions for 1954. Therefore, the regulations con­ forfeitable to a nonforfeitable interest, and on December 31, 1968, the remaining 50 per­ contributions o f an employee’s trust tained in this paragraph shall, for such cent of A’s interest in the contract changed or annuity plan and compensation taxable years, be considered as the regu­ to a nonforfeitable interest. The cash sur­ under a deferred-payment plan; lations under section 403(b) as in effect render value of the contract was $9,900 on general rule. December 31, 1965, and $12,000 on December for such taxable years. For the rules Sec. 404. Deduction for contribution of an with respect to contributions paid after 31, 1968. The amount includible in A’s gross employer to an employee’s trust or annuity August 1, 1969, see paragraphs (a ), (b ), income for 1965 and 1968 is computed as fol­ plan and compensation under a deferred-pay­ lows—• and (c) of this section. ment plan— (a) General rule. * * * 1965 P ar. 10. Section 1.403(d) is amended (5) Other plans. If the plan is not one in­ by revising the historical note to read as (i) Amount which would have been cluded in paragraph (1 ), (2 ), or (3) , in the cludible if A’s entire interest had taxable year in which an amount attributable follows: changed to a nonforfeitable interest to the contribution is includible in the gross § 1.403(d) Statutory provisions; taxa­ (cash surrender value of contract income of employees participating in the tion of employee annuities; taxability on December 31, 1965, attributable plan, but, in the case of a plan in which o f beneficiary under certain forfeit- to contributions made after Decem­ more than one employee participates only if able contracts furnished by exempt ber 31, 1957) % X $9,900______$6,600 separate accounts are maintained for each organizations. (ii) Percent of A’s interest that employee. changed to a nonforfeitable interst ***** . * * * * * on December 31, 1965______50% (Sec. 403(d) as added by sec. 23(c), Techni­ (iii) Amount includible in A ’s gross [Sec. 404(a) as amended by sec. 24, Techni­ cal Amendments Act of 1968 (72 Stat. 1622) income for 1965 (ii) X ( i ) ) ______$3,300 cal Amendments Act 1958 (72 Stat. 1623), and repealed by sec. 321(b)(2) of the Tax sec. 3, Self-Employed Individuals Tax Retire­ 1968 Reform Act of 1969 (83 Stat. 571)) ment Act 1962 (76 Stat. 819); sec. 2(b), Act (iv) Amount which would have been of Oct. 23, 1962 (Public Law 87-863, 76 Stat. P ar. 11. Section 1.403(d)-1 is amended includible if A’s entire interest had 1141); sec. 3 2 1 (b )(3 ), Tax Reform Act 1969 by revising paragraphs (a ) and (c )(2 ) changed to a nonforfeitable inter­ (83 Stat. 591) ] and adding paragraph (d) to read as est- (cash surrender value of con­ P ar. 13. Section 1.404(a)-12 is amended follows: tract on December 31, 1968, attrib­ to read as follows: § 1.403 ( d ) - l Taxability of employee utable to contributions made after When rights under contracts pur­ December 31, 1957) % X $12,000— $8,000 § 1.40 4(a)—12 Contributions of an em­ chased by e x e m p t organizations (v) Percent of A’s interest that ployer under a plan that does not change from forfeitable to nonfor­ changed to a nonforfeitable inter­ meet the requirements of section est on December 31, 1968______50% feitable. 401(a); application of section (vi) Amount includible in A ’s gross 4 0 4 (a )(5 ). (a ) In general. If, during a taxable income for 1968 ( (v) X (iv) ) ______$4,000 year of an employee beginning after (a) In general. Section 404(a)(5) If, on December 31, 1965, X is an organiza­ covers all cases fpr which deductions are December 31, 1957, the rights of such tion described in section 501(c)(3) and ex­ employee under an annuity contract empt from tax under section 501(a), then allowable under section 404(a) but not (other than an annuity contract pur­ only so much of the $3,300 as is not exclud­ allowable under paragraph ( 1 ), (2 ), (■*'> chased and held as part of a plan which able under paragraph (b) of § 1.403 (b )-l is (4), or (7) of such section. met at the time of such purchase and includible in A ’s gross income for 1965. Simi­ (b) Contributions or payments made continues to meet the requirements of larly, if, on December 31, 1968, X is an or­ or accrued after August 1, 1969— (1) *n ganization described ip section 501(c)(3) No deduction is allowable unde section 404(a)(2) or an annuity con­ and exempt from tax under section 501(a), general. tract described in paragraph ( d ) ( 2 ) of then only so much of the $4,000 as is not section 404(a)(5) for any contribution this section) purchased for him by an excludable under paragraph (b) of 51.403 paid or accrued after August 1, 196»> uy employer which is exempt from tax un­ ( b ) - l is includible in A ’s gross income for an employer under a stock bonus, pe der section 501(a) or 521(a) change from 1968. sion, profit-sharing, or annuity plan or forfeitable to nonforfeitable rights (ex­ (d) Effective date. The provisions offor any compensation paid or accrued on cept if paragraph (b) of § 1.403 (c )- l section 403(d), repealed by section 321 account of any employee under a plan applied), then the, value of such annuity (b) of the Tax Reform Act of 1969 (83 contract on the date of such change deferring the receipt of such compensa Stat. 571), applied for taxable years be­ tion except in the taxable year in whic shall, to the extent provided in para­ ginning after December 31, 1957, only an amount attributable to such contribu graph (b) of this section, be included in with respect to premiums paid for an the employee’s gross income for such annuity contract— tion is includible as compensation in the

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 PROPOSED RULE' MAKING 10799

gross income of the employees participat­ rights to such payments are nonforfeit­ (i) If the partnership interest is trans­ ing in the plan, and then only to the ex­ able, and accordingly, such amounts are ferred after June 30, 1969 (except to the tent allowable under section 404(a). See deductible under section 404(a)(5) extent paragraph (b) of § 1.83-8 applies), § 1.404(a)-!. A deduction is allowable when paid; Similarly, if amounts are then the transfer of such interest in part­ under section 404(a) (5) even though the paid as a death benefit to the benefi­ nership capital shall be treated as a employee or his beneficiary excludes any ciaries of an employee (for example, by transfer of property to which section 83 part of a contribution or payment from continuing his salary for a reasonable and the regulations thereunder applies. his gross income under section 101 (b) or period), and if such amounts meet the (ii) If the partnership interest is trans­ subchapter N. requirements of section 162 or 2 1 2 , such ferred on or before June 30, 1969, then (2) Special rule for unfunded pen­ amounts are deductible under section the value of the interest in such part­ sions and certain death benefits. If un­ 404(a) (5) in any case where they are nership capital so transferred to a part­ funded pensions are paid directly to not deductible under the other para­ ner as compensation for services shall former employees, such payments are in­ graphs of section 404(a) . As to what constitute income to the partner under cludible in their gross income when paid, constitutes nonforfeitable rights of an section 61. The amount of such income and accordingly, such amounts are de­ employee in other cases, see § 1.402 (b ) - l is the fair market value of the interest ductible under section 404(a) (5) when (d) (2). If an amount is accrued but not in. capital so transferred, either at the paid. Similarly, if amounts are paid as paid during the taxable year, no deduc­ time the transfer is made for past serv­ a death benefit to the beneficiaries of an tion is allowed for such amount for such ices, or a t ' the time the services have employee (for example, by continuing year. been rendered where the transfer is corir his salary for a reasonable period), and ditioned on the completion of the trans­ P ar. 14. Paragraph (a) (2) of § 1.421-6 if such amounts meet the requirements is amended to read as follows: feree’s future services. The time when of section 162 or 2 1 2 , such amounts are such income is realized depends on all deductible under section 404(a) (5) in § 1.421-6 Options to which section 421 the facts and circumstances, including any case when they are not deductible does not apply. any substantial restrictions or conditions under the other paragraphs of section (a) Scope of section. * * * on the compensated partner’s right to 404(a). (2) This section is applicable to op­ withdraw or otherwise dispose of such in­ (3) Separate accounts for plans with tions granted on or after February 26, terest. To the extent that an interest in more than one employee. In the case of 1945, and before July 1, 1969 (except to capital representing, compensation for a plan under which more than one em­ the extent that paragraph (b) of § 1.83-8 services rendered by the decedent prior ployee participates no deduction is al­ applies), except that this section is not to his death is transferred after his death lowable under section 404(a) (5) with re­ applicable to— to the decedent’s successor in interest, the spect to any contribution meeting the (i) Property transferred pursuant to fair market value of such interest is an requirements of subparagraph ( 1 ) of an option exercised before September 25, item of income in respect of a decedent this paragraph unless separate accounts 1959, if the property is transferred sub­ under section 691. are maintained for each employee. This ject to a restriction which has a signifi­ * * ♦ * * requirement does not apply to unfunded cant effect on its value, or [FR Doc.71-7510 Filed 6-2-71;8:45 am] pensions. In addition, the requirement (ii) Property transferred pursuant to of separation is deemed satisfied even if an option granted before September 25, separate trusts are not maintained 1959, and exercised on or after such date, under the plan, but only if the trust in­ if, under the terms of the contract grant­ strument provides for the allocation of ing such option, the property to be trans­ DEPARTMENT OF each contribution made to the trust to ferred upon the exercise of the option is each employee participating in the plan. to be subject to a restriction which has TRANSPORTATION If an amount is contributed during the a significant effect on its value and if Coast Guard taxable year to a trust or under a plan such property is actually transferred where separate accounts are not main­ subject to such restriction. However, if [ 33 CFR Part 117 1 tained for each employee, no deduction an option granted before September 25, [CG FR 71-47] is allowed for such amount for any 1959, and on or after February 26, 1945, taxable year. For thé rules with respect is sold or otherwise disposed of before NORTH RIVER, MASS. to the taxability of an employee when exercise, the provisions of this section rights under a nonexempt trust change shall be fully applicable to such disposi­ Drawbridge Operation from nonvested to vested, see paragraph tion. The Coast Guard is considering re­ (b) of § 1.402(b)-!. ♦ * * - * * vising the regulations for the Massa­ (c) Contributions paid or accrued on P ar. 15. Paragraph (b) (1) of § 1.721-1 chusetts State 3A bridge across the or before August 1, 1969. No deduction is is amended to read as follows: North River, to allow the draw to be allowable under section 404(a) (5) for maintained in the closed position. The any contribution paid or accrued on or § 1.721—1 Nonrecognition of gain or reason for this consideration is the in­ before August 1, 1969, by an employer loss on contributions. frequent openings for the passage of under a stock bonus, pension, profit- * * 4c * * vessels (41 over the past 6 years). sharing, or annuity plan, or for any (b) (1) Normally, under local law, Interested persons may participate in compensation paid or accrued on account each partner is entitled to be repaid his this proposed rule making by submitting 2* a»y employee under a plan deferring contributions of money or other property written data, views, or arguments to the the receipt of such compensation except to the partnership (at the value placed Commander, First Coast Guard District, in the year when paid, and then only to upon such property by the partnership J. F. Kennedy Federal Building, Govern­ am , ex^en* allowable under section at the time of the contribution) whether ment Center, Boston, Mass. 02203. Each ’ 04(a). See § 1.404(a)-1. If payments made at the formation of the partner­ person submitting comments should in­ are made under such a plan and the ship or subsequent thereto. To the extent clude his name and address, identifying füh0Unk are n°t deductible under the that any of the partners gives up any the bridge, and give reasons for any rec­ otner paragraphs of section 404(a), they part of his right to be repaid his contri­ ommended change in the proposal. Cop­ re deductible under paragraph (5 )- of butions (as distinguished from a share ies of all written communications re­ ncn subsection to the extent that the in partnership profits) in favor of an­ ceived will be available for examination individual employees to, or de- other partner as compensation (or in by interested persons at the office of the veâ if0» , such employer’s contribution satisfaction of an obligation), section Commander, First Coast Guard District. at tîit .comPensation are nonforfeitable 721 does not apply. The transfer of such The Commander, First Coast Guard Rat- .*me ^he contribution or compen- a partnership interest transferred to a District, will forward any comments nnt!? 1* * 8 Paid. If unfunded pensions are partner as compensation constitutes in­ received before July 9, 1971, with his p ia directly to former employees, their come to the partner as follows: recommendations to the Chief, Office of

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10800 PROPOSED RULE MAKING

Operations, who will evaluate all com­ § 117.245 Navigable waters discharging reasons for any recommended change in munications received and take final ac­ into the Atlantic Ocean south o f and the proposal. Copies of all written com­ tion on this proposal. The proposed including Chesapeake Bay and into munications received will be available regulations may be changed in the light the Gulf of Mexico, except the Mis­ for examination by interested persons of comments received. sissippi River and its tributaries and at the office of the Commander, Seventh outlets; bridges where constant at­ Accordingly, it is proposed that Part Coast Guard District. tendance o f draw tenders is not The Commander, Seventh Coast 117 of 33 CFR be amended by revising required. § 117.77 to read as follows: Guard District, will forward any com­ ***** ments received before July 9, 1971, with § 117.77 North River, Massachusetts ( f ) * * * his recommendations to the Chief, Office Route 3À bridge. (10) South River, Md., Aid. Route 2 of Operations, who Will evaluate all com­ The draw need not open for the pas­ bridge at Edgewater. From April 1 munications received and take final ac­ sage of vessels. through November 30, the draw shall tion on this proposal. The proposed reg­ (Sec. 5, 28 Stat. 362, as amended, sec. 6(g) open on signal, except that from 7:30 ulations may be changed in the light of (2 ), 80 Stat. 937; 33 U.S.C. 499, 49 Ü.S.C. a.m. to 9 a.m. and from 4:30 p.m. to 6 comments received. 1655(g)(2); 49 CFR 1.46(c)(5) (35 F.R. p.m., Monday through Friday, except Accordingly, it is proposed to amend 4959), 33 CFR 1.05-1 (c) (4) (35 F.R. 15922)) holidays, the draw need not open for the Part 117 of Title 33 by revising the head­ passage of vessels. From December 1 ing and paragraphs (a) and (c) of Dated: May 28, 1971. through March 31, from 10 a.m. Monday § 117.434 to read as follows: through 7:30 p.m. Friday, the draw shall R . E. H a m m o n d , § 117.434 Oklawaha River, Haines Creek open promptly on signal if at least 3 Rear Admiral, U.S. Coast Guard, and Dead River, Fla. Chief, Office of Operations. hours notice has been given from 7 a.m. to 4:30 p.m. Monday through Friday. (a) Bridges across Oklawaha River [FR Doc.71-7720 Filed 6-2-71;8:52 am] From 7:30 p.m. Friday through 10 a.m. and Haines Creek. From 7 a.m. to 7 p.m. Monday the draw shall open on signal the draws shall open on signal. From 7 if notice has been given from 7 a.m. to p.m. to 7 a.m. the draws shall open on [33 CFR Part 117 1 4:30 p.m., Monday through Friday. signal if at least 3 hours’ notice has been [CG FR 71-49] * * * * * given. (Sec. 5, 28 Stat. 362, as amended, sec. * . * * * * SOUTH RIVER, MD. 6(g) (2 ), 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. (c) The owner of or agency control­ Drawbridge Operation 1655(g)(2); 49 CFR 1.46(c)(5) (35 F.R. 4959), 33 CFR 1.05-l(c) (4) (35 F.R. 15922)) ling a bridge in this section shall post the procedures for giving notice to open The Coast Guard is considering Dated: May 28,1971. amending the regulations for the Mary­ the draw from 7 p.m. to 7 a.m. on both land Route 2 drawbridge across South R. E. H a m m o n d , the upstream and downstream sides of River at Edgewater, Md., to allow the Rear Admiral, U.S. Coast Guard, the. bridge, in such a manner that they draw to remain closed from April 1 Chief, Office of Operations. can be read at any time from an ap­ through November 30, Monday through [FR Doc.71-77'22 Filed 6-2-71;8:52 am] proaching vessel. Friday, except holidays, from 7:30 a.m. (Sec. 5, 28 Stat. 362, as amended, sec. 6(g) to 9 a.m. and 4:30 p.m. to 6 p.m. The pro­ (2 ), 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. posal would add these closed periods to [ 33 CFR Part 117 1 1655(g) (2) 49 CFR 1.46(c) (5) (35 F.R. 4959), the present regulations set forth in 33 CFR 1.05-1 (C) (4) (35 F.R. 15922) ) [CG FR 70-144] § 117.245(f) (10). The increased flow of Dated: May 28, 1971. vehicular traffic during this period is the OKLAWAHA RIVER, FLA. reason for this consideration. R. E. H a m m o n d , Drawbridge Operation Rear Admiral, U.S. Coast Guard, Interested persons may participate in Chief, Office of Operations. this proposed rule making by submitting The Coast Guard is considering written data, views, or arguments to the amending the regulations for draw­ [FR Doc.71-7721 Filed 6-2-71;8:52 am] Commander, Fifth Coast Guard District, bridges across the Oklawaha River to in­ Federal Building, 431 Crawford Street, clude the Marion County drawbridge Portsmouth, VA 23705. Each person sub­ near Sharpes Ferry and the Norris Cat­ [ 33 CFR Part 117 1 mitting comments should include his tle Co. drawbridge near Muclan Farms, [CGFR 71-48] name and address, identifying the Ocala. These two bridges are presently bridge, and give reasons for any recom­ required to open on signal at all times. DODGE ISLAND, BISCAYNE BAY, FLA. mended change in the proposal. Copies All other drawbridges across the Okla­ Drawbridge Operation of all written communications received waha River are required to open on sig­ will be available for examination by in­ nal from 7 a.m. to 7 p.m., and from 7 The Coast Guard is considering terested persons at the office of the Com­ p.m. to 7 a.m. after at least 3 hours’ no­ amending the regulations for the draw­ mander, Fifth Coast Guard District. tice. This change is being considered be­ bridges across Biscayne Bay from Miami The Commander, Fifth Coast Guard cause of the infrequent openings re­ to the west side of the Port of Miami on District, will forward any comments re­ quired for the Marion County and Norris Dodge Island to allow the draws to re­ ceived before July 9, 1971, with his rec­ Cattle Co. bridges from 7 p.ni. to 7 a.m. main closed to. marine traffic from 7. ou ommendations to the Chief, Office of Interested persons may participate in a.m. to 9 a.m., 11:30 a.m. to 1:30 p.m., Operations, who will evaluate all com­ this proposed rule making by submitting and 4:30 p.m. to 6 p.m. Monday througn munications received and take final written data, views, or arguments to the Saturday, excluding legal holidays, ex­ action on this proposal. The proposed Commander, Seventh Coast Guard Dis­ cept on the quarter-hour and three- regulations may be changed in the light trict, Room 1018, Federal Building, 51 quarter hour when the draws shall open of comments received. Southwest First Avenue, Miami, FL to allow veissels to pass. Public vessels o the United States, commerical tows, reg­ Accordingly, it is proposed that Part 33130. Each person submitting com­ ularly scheduled cruise boats and vessels 117 be amended by revising § 117.245 ments should include his name and ad­ in distress shall be passed at any tim . (f ) ( 1 0 ) to read as follows: dress, identifying the bridge, and give

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 PROPOSED RULE MAKING 10801

Present regulations require that the by severe nose wheel shimmy and/or of the Federal Aviation Act of 1958 (49 draws of these bridges open on. signal. hard landings. This situation results in U.S.C. 1354(a), 1421, and 1423), and of This proposal is made in an effort to extensive damage to the airframe struc­ section 6 (c) of the Department of Trans­ alleviate vehicular congestions. ture and exposes the occupants to an portation Act (49 U.S.C. 1655(c)). Interested persons may participate in unnecessary risk. Agency investigation Issued in Kansas City, Mo., on May 19» this proposed rule making by submitting of this problem discloses that failures written data, views, or arguments to the of the nose gear unit occur between 1971. Commander, Seventh Coast Guard Dis­ 1,000 and 2,300 hours’ time in service. D a n ie l E. B a r r o w , trict, Room 1018 Federal Building, 51 In order to prevent this condition an Acting Director, Central Region. Southwest First Avenue, Miami, FL 33130. AD is being proposed requiring repeti­ [FR Doc.71-7690 Piled 6-2-71;8:49 am] Each person submitting comments tive inspections of early type nose gear should include his name and address, forks which have accumulated 1 ,0 0 0 identify the bridge, and give reasons for hours’ time in service and the retire­ [14 CFR Part 47 1 any recommended change in the pro­ ment thereof upon reaching 1,500 hours’ [Docket No. 11113; Notice 71-17] posal. Copies of all written communica­ time in service. Airplanes with nose gear tions received will be available for exam­ fork P/N 0442503-497, 0543043-497, or AVAILABILITY OF ONE TO THREE ination by interested persons at the office 0543043-498 installed will not be affect­ SYMBOL AIRCRAFT IDENTIFICA­ of the Commander, Seventh Coast Guard ed by this AD. TION NUMBERS District. Interested persons are invited to par­ The Commander, Seventh Coast ticipate in the making of the proposed Notice of Proposed Rule Making Guard District, will forward any com­ rule by submitting such written data, ments received before July 9, 1971, with views, or arguments as they may desire. The Federal Aviation Administration his recommendations, to the Chief, Communications should identify the is considering amending Part 47 of the Office of Operations, who will consider Docket Number and be submitted in Federal Aviation Regulations to remove the proposal and all communications duplicate to the Director, Central Region, the regulatory restrictions on the assign­ received and take final action on this Attention: Regional Counsel, Airworthi­ ment and reservation of one to three proposal. The proposed regulations may ness Rules Docket, 601 East 12th Street, symbol aircraft identification numbers. be changed in the light of comments Kansas City, M O 64106. All communica­ Interested persons are invited to par­ received. tions received within 30 days after pub­ ticipate in the making of the proposed Accordingly, it is proposed that Part lication of the notice in the F ederal rule by submitting such written data, 117 be amended by adding § 117.446f to R eg ister will be considered before action views, or arguments as they may desire-.. read as follows: is taken upon the proposed rule. The pro­ Communications should identify the reg­ posals contained in this notice may be ulatory docket or notice number and be § 117.446f Dodge Island bridges» changed in the light of comments re­ submitted in duplicate to: Federal Avi­ (a) Except as provided in paragraphs ceived. All comments will be available, ation Administration, Office of the Gen­ (b) and (c) of this section the draws both before and after the dosing date for eral Counsel, Attention: Rules Docket, shall open on signal for the passage of comments, in the Airworthiness Rules GC-24, 800 Independence Avenue SW., vessels. Docket for examination by interested Washington, DC 20590. All communica­ (b) Prom 7:30 a.m. to 9 a.m., 11:30 persons. tions received on or before July 5, 1971,. a.m. to 1:30 p.m., and 4:30 p.m. to 6 In consideration of the foregoing, it is will be considered by the Administrator p.m., Monday through Saturday except proposed to amend § 3ft. 13 of Part 39 of before taking action on the proposed rule. legal holidays, the draws need open only the Federal Aviation Regulations by The proposal contained in this notice on the quarter- and three-quarter hour. adding the following new AD. may be changed in the light of comments (c) The draws shall open on four blasts received. All comments submitted will be Cessna. Applies to Models 150, 172, 175, and of a whistle at any time for the passage 182 airplanes with 1,000 or more hours’ available, both before and after the clos­ of public vessels of the United States, time in service with earlier type nose ing date for comments, in the Rules commercial tows, regularly scheduled gear fork installed but does not include Docket for examination by interested, cruise boats, or vessels in distress. the above model airplanes with nose gear persons.. fork bearing P/Ns 0442503-497, 0543043- j3®0, 33 St at. 362, as amended, sec. 6(g) Section 47.15(d) provides, in part, that 497, or 0543043-498 installed. iek 80 Stat- 937; 33 U.S.C. 499, 49 U.S.C. each United States aircraft identification ]™5(g)(2); 49 OPR 1.46(c)(5) (35 P.R. Compliance: Required as indicated, unless number (registration mark) of one to 40B9)> 33 CFR 1.05-1 ('ey (4) (35 P.R. 15922)) already accomplished. three symbols is reserved for an FAA To decrease the possibility of failure of the owned aircraft, or for an aircraft that Dated: May 28, 1971. nose gear structure: (A) On or before September 1, 1971, and cannot accommodate a larger number. In R . E. H a m m o n d , the latter case, under paragraph (e) of Rear Admiral, U.S. Coast Guard, thereafter at intervals not to exceed 100 hours’ time in service from the date of the this section an applicant for a one to Chief, Office of Operations. previous inspection, or at any time following three symbol number must submit with [FR Doc.71-7719 Piled 6-2-71;8:51 am] severe nose wheel shimmy and/or hard land­ his application a statement of an FAA in­ ings, inspect the nose gear fork for cracks in spector that the structural configuration the radius of the milled section of the nose or design of the aircraft prevents the Federal Aviation Administration gear strut attachment bolt using the dye penetrant inspection or equivalent non­ placing of a number of more than three I 14 CFR Part 39 1 destructive inspection method. symbols on the fuselage or vertical tail (B ) If cracks are found during the in­ surface. [Docket No. 71-CE-13-AD] spections required by paragraph A, before Paragraph (g) of § 47.15, as amended CESSNA 150, 172, 175, AND 18Î further flight, replace the affected part with by Amendment 47-8 issued 16 July 1969 applicable nose gear fork P/N 0442503-497, (34 F.R. 12214), provides that the owner AIRPLANES 0543043-497, or 0543043-498. (C) Upon accumulation of 1,500 horns’ of an aircraft need not surrender a one Proposed Airworthiness Directive total time in service replace earlier type forks to three symbol aircraft identification number assigned to his aircraft. The pur­ i- 1? 16 Federal Aviation Administrât« with applicable nose gear fork P/N 0442503- 497, 0543043-497, or 0543043-498. pose of that amendment was to allow the pJfnSldering’ amending Part 39 of tl (D) Upon incorporation of the applicable transfer or reservation of an assigned ■***[ Aviation Regulations by addii nose gear fork P/N 0442503-497, 0543043-497, one to three symbol number at the re­ Airworthiness Directive applicable or 0543043-498, compliance with the provi­ quest of the current owner (previously, sions of paragraph A are no longer required. only the person to whom the aircraft was Models m 172, 175, and II Cessna Service Letter 63-31 dated July 16, in» anes’ '^ lere have been an increa 1963, pertains to this same subject. registered on 18 August 1964), regardless of when the aircraft was registered in fail num^er rePorts of nose gear fo: This amendment is proposed under the his name, and to allow him to apply hres on these model airplanes cause authority of sections 313(a), 601 and 603 either for reassignment of the number to

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10802 PROPOSED RULE MAKING another aircraft he owns or for reserva­ the FAA Aircraft Registry. The fee re­ cedure to this airport, utilizing the tion of the number for later assignment. quired by § 47.17 must accompany the Dothan VOR, is proposed in conjunc­ By its terms, this relaxatory provision application. tion with the alteration of this transi­ was not applicable to one to three symbol * - * * * * tion area. This amendment is proposed under the numbers assigned in accordance with These amendments are proposed un­ authority of section 307(a) of the Fed­ paragraph (e) of §47.15. An aircraft der the authority of sections 307(c) and eral Aviation Act of 1958 (49 U.S.C. 1348 owner would have no future need for 313(a), and Title V of the Federal Avia­ (a )) and of section 6 (c) of the Depart­ such a number unless he should later tion Act of 1958 (49 U.S.C. 1348, 1354(a), ment of Transportation Act (49 U.S.C. acquire an aircraft meeting the struct­ 1401 et seq.); section 6 (c) of the Depart­ 1655(c)). ural configuration or design requirement ment of Transportation Act (49 (U.S.C. of §47.15(e)— in which case § 47.15(e) 1655(c)); and § 1.47(a) of the Regula­ Issued in East Point, Ga., on May 24, again would be available to him. Thus, tions of the Office of the Secretary of 1971. paragraph (g) is applicable to situa­ Transportation. G o rdo n A. W il l ia m s , Jr., tions where one to three symbol numbers Acting Director, Southern Region. Issued in Oklahoma City, Okla., on have been assigned pursuant to petitions [F R Doc.71-7692 Filed 6-2-71;8:49 am] for exemption based upon reasons other May 20, 1971. than the one applicable under § 47.15(e). A. L. C o u l t e r , Twelve of these petitions for exemption Director, Aeronautical Center. Federal Highway Administration were processed by the FAA during the [FR Doc.71-7691 Filed 6-2-71;8:49 am] period 1 July 1968 through 30 June 1970. [ 49 CFR Part 395 1 It is now proposed to remove the re­ [Docket No. MC-27; Notice No. 71-8] strictions on the assignment and reserva­ [ 14 CFR Part 71 1 DRIVER’S LOG tion of one to three symbol aircraft iden­ [Airspace Docket No. 71-SO-88] tification numbers stated in § 47.15(e). Use of Old Forms As to aircraft owned by the FAA, its fleet TRANSITION AREA is fairly constant in number, and in prac­ The Director of the Bureau of Motor tice the Aircraft Registry assigns a larger Proposed Alteration Carrier Safety proposes to delete from number to an aircraft before the FAA The Federal Aviation Administration ; 395.8 of the Motor Carrier Safety Reg- disposes of it, thereby retaining the small is considering an amendment to Part 71 ilations (49 CFR 395.8) the provision number for later assignment. Also, with­ of the Federal Aviation Regulations that which authorizes carriers and their driv­ out a regulatory provision the FAA would alter the Dothan, Ala., transition ers to use forms other than Form MCS- >9 for the purpose of preparing required could, like others, reserve some un­ area. assigned small numbers for its future drivers logs. . Interested persons may submit such Under the proposal, the last sentence needs, and it is anticipated that this written data, views, or arguments as they of the first paragraph of the note at would be done as to a moderate supply. may desire. Communications should be Accordingly, further reservation of num­ the end of § 395.8 would be deleted, submitted in triplicate to the Federal rhat sentence provides as follows: bers for FAA aircraft by regulatory pro­ Aviation Administration, Southern Re­ “Stocks of logs in the possession of car­ visions is not now considered necessary, gion, Air Traffic Division, Post Office Box and removal of this rule should not affect riers or their suppliers as of the effec­ 20636, Atlanta, G A 30320. All communi­ tive date of these regulations may be the future assignment of small numbers cations received within 30 days after pub­ of those aircraft. Furthermore, the FAA used, provided the information required lication of this notice in the F ederal by these regulations is entered thereon. and the public have had an undue burden R eg ister will be considered before action attendant upon processing requests for The purpose of that provision, when it is taken on the proposed amendment. was originally adopted, was to avoid assignment of one to three symbol num­ No hearing is contemplated at this time, bers under § 47.15(e), as well as in proc­ hardship during the period of transi­ but arrangements for informal confer­ tion to the general use of the form of essing a substantial number of petitions ences with Federal Aviation Adminis­ for exemption^ Finally removing the driver's daily log found in § 395.8. its tration officials may be made by con­ objective was to permit carriers to ex­ special rules on the assignment or reser­ tacting the Chief, Airspace and Proce­ vation of one to three symbol numbers haust stocks of existing forms whicn dures Branch. Any data, views, or argu­ were in their possession or in the inven­ would not have an adverse effect on ments presented during such conferences owners of small aircraft, since § 45.29(f) tories of their suppliers at the »me tn must also be submitted in writing in new form was adopted. It is now mor provides relief as to the size of required accordance with this notice in order to marks for small surfaces. than 3 years since the date the rev^ . become part of the record for considera­ form was adopted, and carriers have naa The FAA contemplates that after issu­ tion. The proposal contained in this no­ ample time to exhaust stocks of old forms ance of the proposed amendments as a tice may be changed in light of comments final rule it would release one to three on hand as of that date. .. received. It has come to the attention of tne symbol aircraft identification numbers The official docket will be available for Director, however, that some ca» . , on a “first come, first served” basis. Each examination by interested persons at the assignment or reservation of one of these have misinterpreted the note to P Federal Aviation Administration, South­ them to continue the use of a form ^ numbers would require payment of the ern Region, Room 724, 3400 Whipple $10 fee for a special identification driver’s log other than the pr Street, East Point, GA. Form MCS-59 and to reorder andrepn number. The Dothan transition area described old forms so long as those forms wer■ In consideration of the foregoing, it is in § 71.181 (36 F.R. 2140) would be use at the time the new form was pm proposed to strike out paragraphs (e) amended as follows; “ * * * Dothan scribed. This indicates that the se and (g) of § 47.15 of the Federal Avia­ VORTAC 350° radial * * would be tence quoted above not only has tion Regulations, and to amend para­ deleted and “ * * * Dothan VORTAC ther useful purpose but also mayhem^ graph (d) of that section to read as 350° radial; within a 6.5-mile radius of leading some persons into inac* the follows: Wheelless Airport Gat. 31°13'35" N., violations of the law. For this reason, § 47.15 Identification number. long. 85°29'30" W . ) ; excluding the por­ Director proposes to delete it. ***** tion northwest of Dothan VOR 237° ra­ Interested persons are invitedsu dial * * * would be substituted there­ «nit written data, views, or « « w g g (d) Any unassigned U.S. identification for. pertaining to the proposal. Commw number may be assigned as a special must identify the docket and not;ice)num^ identification number. An applicant who The proposed alteration is required to provide controlled airspace protection ber set forth above and must be wants a special identification number or for IFR operations at Wheelless Airport. mitted to the Director, Bureau of m who wants to change the identification tor Carrier Safety, Washington, number of his aircraft may apply for it to A prescribed instrument approach pro­

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 PROPOSED RULE MAKING 10803

20591. All comments received before the the Docket Section of the Board, Room of baggage complaints. Baggage difficul­ close of business on August 1, 1971 will 712 Universal Building, 1825 Connecticut ties, such as loss, theft, damage, or delay, be considered before further action is Avenue NW., Washington, DC, upon re­ appear to constitute a high proportion taken on the proposal. All comments will ceipt thereof. of the problems encountered by air be available for examination in the By the Civil Aeronautics Board. travelers, and we believe that we require docket in Room 4134, 400 Seventh Street more complete data as to this problem SW., Washington, DC before and after [ s e a l ] H a r r y J. Z i n k , than is presently available. the closing date for comments. Secretary. For this reason, the proposed report T his notice of proposed rule making Explanatory statement. On October 28, form would require that baggage com­ is issued under the authority of section 1969, the Director of the Board’s Bureau plaints be reported in somewhat greater 204 of the Interstate Commerce Act, 49 of Enforcement sent a letter to the cer­ detail than other complaints. As to the U.S.C. 304, section 6 of the Department tificated direct air carriers located in categories of complaints other than bag­ of Transportation Act, 49 U.S.C. 1655, the continental United States requesting gage, subcategories illustrative of the and the delegations of authority in 49 specific statistics regarding consumer items which should be included in each CFR 1.48 and 389.4. complaints received by the carriers dur­ proposed report form category are listed Issued on May 25, 1971. ing the 12-month period ending June 30, in Appendix B. Should the comments 1969,1 along with information as to the filed in response to this notice, or fu­ K e n n e t h L. P i e r s o n , customer relations organizations of the ture experience with the reporting sys­ Acting Director, carriers, the carriers’ handling and use of tem, indicate a need for more detailed Bureau of Motor Carrier Safety. complaints, and the aspects of the car­ reporting of the categories other than [FR Doc.71-7693 Filed 6-2-71;8:49 am] riers’ operations which were the source baggage, the subcategories presently of the greatest number of complaints. listed in Appendix B could be written While all carriers provided the request­ into the report form. ed information, some objected to making W e believe that uniformity in report­ CIVIL AERONAUTICS BOARD the statistics available to the public. ing consumer complaint statistics would [ 14 CFR Parts 249, 371 1 They pointed out that the carriers vary benefit the carriers by pinpointing areas in their methods of compiling complaint where remedial action should be taken [Docket No. 23442; EDR-202, SPDR-23] records, and that some carriers actively and by providing meaningful compari­ UNIFORM REPORTING OF CON­ solicit passenger complaints while others sons between their own complaint rec­ do not. Thus it was argued that attempts SUMER COMPLAINT STATISTICS ords and those of other carriers. Addi­ to compare the complaint records of va­ tionally, such reporting would be in AND RETENTION OF DATA rious carriers upon the basis of these accord with the general policy of recog­ Notice of Proposed Rule Making statistics could result in misleading and nizing the importance of providing unfair conclusions. Accordingly, it was information to consumers. M a y 27, 19 71. urged by some carriers that the reports Although the original survey, as well Notice is hereby given that the Civil be withheld from public disclosure until as the updated information, encom­ Aeronautics Board has under considera- a uniform method of maintaining and passed only the scheduled route carriers tion the enactment or a new Part 371 reporting the data could be adopted. The located in the continental United States, (14 CFR Part 371) of the special regula­ Board, however, determined that the two the increased number of complaints tions, and the amendment of Part 249 carriers who formally requested that against other segments of the industry (14 CFR Part 249) of the economic regu­ the information be withheld from public suggests a need for obtaining similar in­ lations, to establish uniform reporting disclosure had failed to establish that formation from all-cargo carriers, sup­ of statistics with regard to consumer such disclosure would adversely affect plemental air carriers, and indirect air complaints received by air carriers, and their interests, and the Board concluded carriers insofar as they are located in the to provide for the retention of data used that withholding of the information continental United States. The cate­ in the preparation of the reports. The would not be in the public interest.3 gories which would apply to these classes uniform reporting would be designed to We recognize that the consumer com­ of carriers are indicated in the proposed enable the Board, the carriers, and other plaint statistics would be more meaning­ rule. ful if the data were compiled and re­ interested persons and groups to keep Additionally, it is proposed to amend ported on a uniform basis, and this informed of trends in consumer com­ Part 249 of the economic regulations so notice proposes a quarterly reporting plaints, to become aware of problem as to require that the data used in pre­ areas, and to compare the experiences form which would accomplish that pur­ pose. paring the consumer complaint reports of individual carriers in a meaningful be retained by the carrier for a period of way. In addition to the information which 1 year after the report is filed with the , The background of the proposed part would be required on the report form, Board. is described in the explanatory statement it is proposed to require each carrier to below and the proposed new part as well report any significant changes or im­ It is proposed to make the first quar­ as the proposed amendment to Part 249 provements in its customer relations or­ terly report due by October 30, 1971. ure set forth in the proposed rule below. ganization, its handling and use of the Proposed rule. I. It is proposed to The new part and the amendment to complaints, and in problem areas of the amend Part 249 of the economic regula­ Part 249 are proposed under the authori­ carrier’s operations which give rise to tions as follows: ty of sections 204(a) and 407 of the the most complaints. 1. Amend § 249.8 as follows: federal Aviation Act of 1958, as amend- We believe that uniformity of report­ 72 Stat. 743, 766; 49 U.S.C. 1324, ing complaint statistics, together with § 249.8 Period of preservation of rec­ 1377. other information which would be re­ ords by supplemental carriers. ^Interested persons may participate in quired, should give the Board more ade­ * * * * * the proposed rule making through sub­ quate and complete information as to Category of records Period to be » mission of twelve ( 1 2 ) copies of written the type of problems travelers are ex­ retained aata, views, or arguments pertaining periencing. W e regard such information * * * * * * hereto, addressed to the Docket Section, to be particularly important in the area 15. All written complaints l year after filing Aeronautics Board, Washington, and memoranda and of report with -U 20428. All relevant material received 1 This request for information was in­ records pertaining the Board, before July 6 , 1971, will be consid­ tended to update a consumer complaint sur­ thereto, regarding er by the Board before taking final vey which was completed in September 1967, which reports are re­ and released to the public on Feb. 2, 1970. quired to be filed pur­ Rn~?n on Proposed rule. Copies of The updated information was released on h communications will be available suant to Part 371 of Dec. 22, 1970. the special regula­ r examination by interested persons in 2 Order 70-12-17, Dec. 3,1970. tions.

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 No. 107------6 10804 PROPOSED RULE MAKING

2. Amend § 249.13(f) as follows: suant to a certificate of public conven­ those aspects of the carrier’s operation ience and necessity issued under section with are enumerated in paragraph (a) § 249.13 Period o f preservation o f rec­ 491 of the Act. (1) through (4) of this section. If there ords by certificated route air carriers. “Indirect air carrier” means any citi­ is no change in one or more of the aspects * * * * * zen of the United States, as defined in of the carrier’s operations which are enumerated in paragraph (a) (1) (f) * * * section 1(13) of the Act, which engages indirectly in interstate air transportation through (4) of this section, that fact Schedule of R ecords of property only, and which does not shall be stated in the report. engage directly in the operation of air­ (c) All reports filed pursuant to this Category of records Period to be Microfilm craft in air transportation. section shall be prepared in triplicate retained indicator “Supplemental air carrier” means any and addressed to the Civil Aeronautics air carrier which engages in the opera­ Board, Washington, D.C. 20428, Atten­ * * * * * * * * * tion of aircraft pursuant to a certificate tion: Bureau of Accounts and Statistics. 305. All written com­ 1 year after plaints, and memo­ filing of report issued under section 401(d)(3) of the §371.4 Extension o f filing lime. randa, and records with the Act, or a special operating authorization pertaining thereto, Board. issued under section 417 of the Act. Reports shall be filed within the pre­ regarding which re­ scribed time limit unless the Board or its ports are required to “All-cargo carrier” means an air car­ he filed pursuant to rier which engages directly in the oper­ delegate has granted an extension of time Part 371 of the special ation of aircraft, pursuant to a upon receipt of a written request there­ regulations. for. Such a request must give good and * * * * * * ♦ * * certificate of public convenience and necessity issued under section 401 of the sufficient reason to justify granting an extension of time and must be filed in 3. Amend § 249.27 as follows: Act, and which is thereby authorized to carry property only or property and mail sufficient time to enable the Board or its § 249.27 Prescribed periods o f retention. only. delegate to pass thereon before the pre­ ♦ * * scribed due date. Requests for extensions ♦ * § 371.2 Applicability o f CAB Form 371 Schedule or R ecords of time will be granted only in extraordi­ filing requirements. nary circumstances and for good cause shown. Item number and Retention Microfilm (a) This part applies to all direct air- periods indicator carriers, indirect air carriers, supple­ j category of records § 371.5 Certification. (J 249.23) mental air carriers and all-cargo car­ riers, as defined in § 371.1. The certificate of an officer of the re­ * * * * * * *• *• * (b) VAB Form 371, entitled “Report of porting carrier shall accompany each f X. MISCELLANEOUS Consumer Complaint Statistics” shall be Form 371 filed with the Board. If the re­ * * * * * * • * * filed quarterly. The report shall be com­ ports required by § 371.3 are filed at­ 5. All written com­ 1 year after pleted in triplicate and addressed to the tached to Form 371, the certificate filed plaints, and memo­ filing of report Civil Aeronautics Board, Washington, with Form 371 shall be deemed to apply randa, and records with the to such reports. In all other cases, reports pertaining thereto, Board. D. C. 20428, Attention: Bureau of Ac­ regarding which re­ counts and Statistics. It shall be filed so filed pursuant to § 371.3 shall be accom­ ports are required to panied by the certificate of an officer of be filed pursuant to as to be received by the Civil Aeronautics Part 371 of the special Board not later than 30 days after the the reporting carrier. The original of regulations. termination of each reporting period. each certification pursuant to this sec­ (c) Direct air carriers shall report on tion shall be accompanied by two con­ ***** all categories on the report form CAB formed copies thereof. II. It is proposed to add a new Part 371 Form 371, entitled, “Report of Consumer § 371.6 Examination by interested per­ of the special regulations to read as Complaint Statistics.” Supplemental air sons. follows: carriers shall report on all categories The information included in the forms PART 371— UNIFORM REPORTING OF except B, N, V, W , X, and Y. Indirect air and reports filed pursuant to this part CONSUMER COMPLAINT STATISTICS carriers shall report only on categories shall be available for inspection by inter­ E, H, I, J, M, N, O, P, Q, R, S, and T. All­ ested persons in the Public Reference Sec. cargo carriers shall report only on cate­ Room of the Board, Room 710 Universal 371.1 Definitions. gories C, D, F, G, H, i, J, M, N, O, P, Q, Building, 1825 Connecticut Avenue NW., 371.2 Applicability of CAB Form 371 filing R, S, and T. requirements. Washington, DC. 371.3 Other information required. § 371.3 Other information required. § 371.7 Report form. 371.4 Extension of filing time. (a) Each carrier to which this part 371.5 Certification. (a) Each air carrier shall file GAB 371.6 Examination by interested persons. applies shall, within the time for filing Form 371, “Report of Consumer Com­ 371.7 Report form. the first quarterly report pursuant to plaint Statistics” (Appendix A to this §371.2, file a report describing the §371.1 Definitions. part) in accordance with § 371.2. following aspects of the carrier’s (b) Data called for on CAB Form 371 As used in this part, unless the context operations: shall be reported on a system basis. otherwise requires: (1) Customer relations organization. (c) For each of the categories A “Complaint” means a written com­ (2) Processing of complaints. through P, column (1) shall reflect the ment from a member of the public, re­ (3) Use of information obtained from total number of complaints received from ceived by any employee of the carrier, complaints. members of the public, including those expressing dissatisfaction with any as­ received on comment forms placed on pect of carrier service or operations (4) Aspects of the carrier’s operations the aircraft by the carrier; column (Z which are outlined in Appendix B of this which give rise to particularly large pro­ shall reflect only those complaints re­ part. Complaints received on comment portions of complaints received. ceived on comment forms placed on tne forms placed on the aircraft by the car­ (b) Each carrier to which this part rier shall be identified as indicated on the applies shall, within the time for filing aircraft. (d) As a guide toward uniformity m report form. each quarterly report pursuant to § 371.2 reporting by all carriers, an explanation “Direct air carrier” means any com­ subsequent to the first such report, file bination route air carrier which engages a report indicating any significant of the categories listed on CAB Form 3 directly in the operation of aircraft, pur­ changes or improvements with respect to is provided in Appendix B to this p

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 PROPOSED RULE MAKING 10805

A p p e n d i x a Civil A eronautics Board Explanation of Categories on CAB Report OMB N O _____ Form 371 CAB Form 371 W ash in g to n , D.C. 90428 Misinformation or lack of Information C iv il A er o n au tic s B o ar d report of consumer com plaint statistics re booking. Wa s h in g to n , D.C. 20428 W ait llst/standby procedures. REPORT OF CONSUMER COMPLAINT STATISTICS Calendar quarter ended______, 19— Advance seat selection. (To be filed with the Bureau of Accounts and Statistics Seat selection. within 30 days after the end of each calendar quarter) Reconfirmation. (Full name of reporting air carrier) Air carrier '..L ___----- Quarter ended — ...... 19.. Reservation service generally poor. C. Baggage. D. Fares and Refunds: (1) (2) (Certification *) Misquote fare over phone. Fare increase. A. Flight irregularities: I, the undersigned______Promotional fares: Canceled...... ! ______Restrictions. Delayed...... ______(Title of officer in Other...... - g i ______... charge of accounts) Tariff rules. B. Reservations: Credit procedures. Oversales...... of t h e ______4,______Refunds: Other...... Long delay in paying. C. Baggage: (Full name of reporting air carrier) Lost...... ______do certify that this report and all schedules Lost tickets. Damaged [inc.rough handling]...... and supporting documents which are sub­ Service charge on refunds not credited. Delayed: mitted herewith, filed for the above indicated Difference between air and surface Not boarded______transportation. Boarded wrong flight...... calendar quarter, have been prepared by me Over carry...... or under my direction; that I have carefully Charging proposed fares. Slow delivery to claim area...... examined them and declare that, to the best E. Personnel Attitude: Delivery to home or hotel...... Discourtesy, rudeness or indifference dis­ Other: of my knowledge and belief, the Information Pilfered...... contained therein is complete and accurate. played to passengef by any airline Claim system______employee. Porter service...... F. Flight Information: Excess charges...... Telephone. Size limitations.______(Signature) Pets as baggage..'...... Display boards. Cabin baggage______In-flight information. Limit of liability______(Air carrier post office G. In-flight Service: Lost and found...... (unchecked items) address) In-flight entertainment: Dollars paid in claims....:______$._.xxx. Quality. D a te ______, 19___ Charges. D. Fares and refunds...!______Multiclass service. E. Personnel attitude...... Certification CAB Form 371 F. Flight information______22 Meals: G. In flight service...... Appen d ix B Availability. H. Equipment and facilities: Type. Communications...... Explanation of Categories on CAB Report Special. Airport_...... *2 Form 371 Aircraft...... 22122122 Quality. L Service in general: “ report OF CONSUMER c o m pl ain t statistics” Timeliness. Service unsatisfactory...... Liquor: Service inadequate, competition A. Flight Irregularities: Availability. needed...... Canceled: Quantity. Schedules...... 2...2222222222222222222222 Weather. v Discrimination against passengers Quality. or shippers: Mechanical. Charges. y Racial...... Air Traffic delays. Drinking water. other.....______2.2.222 22222 2 22 2222 222" 2 2 2 2 Airport congestion. Boarding priorities including Soft drinks. standbys...... „ Delayed: Magazines. Accommodations during delay______Weather. W riting portfolio. Customer assistance...... Mechanical. H. Equipment and Facilities: Ticketing...... Air traffic delays. Advertising... Communications: Cargo: ...... *...... Airport congestion. Airport announcements. Misconnection. Lost...... TV monitors. Damaged....22222222222222222222222'2"2"2 Hold for connection. Paging service. Delayed. Loading cargo. other___1.2222222222222 Telephone answering capability. o. Miscellaneous_____ 222222222222222222222222222222222 Boarding passengers. Airport: Total complaints received______. Unscheduled stop. Checking counters. Other: Gate space. Termination short of destination. §■ Total compliments (optional)...... VIP lounge. No stop at scheduled stop. «• Legal actions brought by con­ Curbside baggage checking. sumers: Equipment substitution. Taxi and limousine. Pending Early departure. Baggage claim facilities. co m p ie te d —222222222222222222222222' B. Reservations: Baggage storage facilities. ’ „21~ye?rIs devoted to processing Oversales : complaints...... Airport parking. Denied boarding. 1 • backlog of complaints end of period Restaurant facilities. (exclusive of claims): Upgrades. Restroom facilities. Notacknowledged______Downgrades. IT -r A®fn°wledged and pending .2.2.! Concessions. Other: backlog of unsettled baggage claims Directional signs. pending end of period: No record. Aircraft: ¿Number pending over 90 days______Canceled in error. Exterior cleanliness. • Total number of denied boardings Change in class of service. Passenger cabin: due to oversales (whether or not Telephone service. Windows. compensation was paid, includes Seats— comfort (spacing) and cleanli­ upgrades and downgrades)...... 1 Title 18 U.S.C. section 1001, Crimes and ness. • Amount paid as denied boarding Criminal Procedure, make it a criminal of­ Headrest covers. Performance: ...... * ‘ fense, subject to a maximum fine of $10,000 Ashtrays. Pontage of system scheduled or imprisonment for not more than 5 years Blankets and pillows. flights arriving within 15 min­ or both, to knowingly and wilfully make or Cali button. utes of scheduled arrival time cause to be made any false or fraudulent Reading light. Y nil flight segments)_____ umber of revenue passenger en- statements or representations in any matter Seatbelt. planements (ooo)___.1222222...... within jurisdiction of any agency of the Folding tables. United States. Public address system.

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10806 PROPOSED RULE MAKING

Explanation of Categories on CAB Report amendment to Part 399 of the regula­ [ 47 CFR Part 73 1 Form 371 tions (14 CFR Part 399) which would [Docket No. 19254; PCC 71-565] Smoking. establish a policy that the practice of air Lavatories—cleaned and stocked— carriers or ticket agents in orally con­ FM BROADCAST STATIONS number. firming reserved space to prospective Table of Assignments; Ellensburg, Cabin temperature. passengers on scheduled flights in air Cabin ventilation or pressure. Wash., etc. I. Service In General: transportation before a ticket is issued Service unsatisfactory. be regarded as an unfair or deceptive In the matter of amendment of Service inadequate, competition needed. practice and an unfair method of com­ § 73.202, Table of Assignments, FM Schedules: petition in air transportation or the sale Broadcast Stations (Ellensburg, Wash.; Insufficient. thereof within the meaning of section Leaksville and Eden, N.C.; Eau Gallie Changed too often. 411 of the Act. Interested persons were and Melbourne, F la .); Docket No. 19254. Suitability. invited to participate by the submission 1. From time to time, our review of J. Discrimination Against Passengers or of twelve ( 12 ) copies of written data, Shippers: our FM Table of Assignments in § 73.202 Racial. views or arguments pertaining thereto of our rules indicates the need of amend­ Other: to the Docket Section of the Board on or ment of that section of our rules, on our Boarding priorities. before June 1, 1971. Subsequent to the own motion, in order to eliminate assign­ Interrupted trip expenses. issuance of the notice, the Air Trans­ ments in violation of our minimum mile­ K. Customer Assistance: port Association on behalf of a number age separation requirements or in order General assistance by: of member air carriers requested a 15- Reservations. to redesignate assignments formally day extension of time for filing com­ made to communities, which have Passenger service: ments on the proposed rule. It states that Wheelchair. merged with other communities, form­ Children. the extension is needed for preparation ing new towns or cities. In this pro­ Elderly. of consolidated comments on the pro­ ceeding we give notice of three such Holding flight for late passengers. posed rule which will present the Board proposed minor amendments. All popu­ Baggage service. with industry comments that are well- lation statistics cited herein are from the Plight crew. balanced and complete. 1970 U.S. Census. Assistance during irregularity: The iindersigned finds that good cause Meals. has been shown for additional time for Ellensburg, Wash. 2. The county of Hotel. filing comments to the extent hereinafter Kittitas, Wash., with a population of Surface transportation. 25,039, contains the significant commu­ Alternate air transportation. granted. Accordingly, pursuant to the au­ Information during delays. thority delegated in § 385.20(d) of the nity of Ellensburg. This small city, with Message delivery. Board’s organization regulations, the un­ 13,568 residents receives a noncommer­ L. Ticketing: dersigned hereby extends the time for cial educational FM service on Channel Correctness. submitting comments to June 16, 1971. 218 (K CW S-FM , located in Ellensburg). Legibility. At the present time FM Channel 221A is Type of ticket sold. (Sec. 204(a), Federal Aviation Act of 1958, the only commercial FM assignment at as amended, 72 Stat. 743; 49 U.S.C. 1324) Waiting time. Ellensburg. It is unoccupied. KXLE, Inc. Preparation time. C h ar les A. H a s k in s , has recently offered an application for M. Advertising: Misleading. Acting Associate General Counsel, Channel 221A in order to bring the Offensive subject matter. Rules and Rates. community its first local commercial FM Timing. [FR Doc.71-7714 Filed 6-2-71;8:51 am] service. In light of § 73.207(a) of ouj* N. Cargo— Includes written complaints re­ rules the application has not been ac­ garding cargo handling and all claims cepted by the Commission, in that, there resulting from cargo mishandling. is an obvious minimum mileage separa­ Lost. FEDERAL COMMUNICATIONS tion problem between operative Channel Damaged: Rough handling. 218 and assigned Channel 221 A, both at Delayed: COMMISSION Ellensburg. In order to solve the mmi- Not boarded. E 47 CFR Part 25 1 mum mileage separation problem andto Boarded wrong flight. provide for a first local commercial FM Slow delivery. [Docket No. 16495] service at Ellensburg, we propose to re­ Other: place Channel 221A with a new assign­ Pilfered. ESTABLISHMENT OF DOMESTIC COM­ ment, Channel 237A. After any such re­ Excessive rates. MUNICATIONS-SATELLITE FACILI­ vision of our Table of FM Assignments, Live animals and perishables. TIES BY NON-GOVERNMENTAL Remittance of c.o.d. monies. applications, which are in order, will oe Rerouting. ENTITIES accepted for Channel 237A at Ellensb S- Size limitations. Order Extending Time for Filing Reply 3. In view of the fact that Ellensburg Limit of liability: is within 250 miles of the United States- Amount. Comments No notice. Canadian border and the existence O. Miscellaneous. Upon consideration of the “Motion for the United States-Canadian Agreement Extension of Time,” filed by the GTE on such FM assignments, the propose [PR Doc.71-7631 Piled 6-2-71; 8:45 am] Telephone Operating Companies on assignment of Channel 237A to El May 12, 1971, and the “Petition for Ex­ burg is subject to concurrence by we [ 14 CFR Part 399 ] tension of Time,” filed by MCI Lock­ Canadian authorities. [Docket No. 23310; PSDR-30A] heed on May 21,1971 : Leaksville and Eden, N.C. 4. The„ It is hereby ordered, Pursuant to Carolina county of Rockingham, wi “CONFIRMED RESERVED SPACE” BY § 0.303 of the Commission’s rules and population of 72,402 has previously con TELEPHONE AS AN UNFAIR OR DE­ regulations, that the time for filing reply tained the independent community CEPTIVE PRACTICE comments in this proceeding, including Leaksville. In 1967 the communities oi pleadings with respect to terrestrial in­ Leaksville, Spray, and Draper, N.C., an Supplemental Notice of Proposed Rule terconnection facilities, is extended to the unincorporated areas between Making July 12,1971. towns were consolidated into one ciiy known as Eden, N.C. Out FM Table o M a y 28, 1971. Adopted: May 27,1971. Assignments presently indicates tha The Board, by notice of proposed rule [ s e a l ] B ernard S trassburg, Channel 233 is assigned to L e a k ^ e making PSDR-30 dated April 23, 1971, Chief, Common Carrier Bureau. has no assignment for Eden, in.vie and published at 36 P.R. 8058, gave no­ the merger of the above communities tice that it had under consideration an [Fit Doc.71-7712 Filed 6-2-71;8:51 am]

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 PROPOSED RULE MAKING 10807

into Eden we propose to delete any as­ [ 47 CFR Part 83 T § 83.164 Waivers of operator require­ signment for Leaksville, N.C., and to re­ ments. designate Channel 233 as an Eden, N .C , [Docket No. 19253; FCC 71-554] (a ) * * * assignment. Eden’s population is 15,871. SHIP RADAR STATIONS (2) All adjustments or tests during or WEAF (which operates on the Leaksville coincident with the installation, servic­ assignment, Channel 233) is licensed to Clarification and Improvement of ing, or maintenance of the equipment WLOE, Inc., as an Eden service. Servicing Requirements must be performed by or under the im­ Eau Gallie and Melbourne, Fla. 5. The In the matter of amendment of mediate supervision and responsibility small community of Eau Gallie, Fla. has, § 83.164 of the Rules to clarify and im­ of a person holding a temporary limited in recent years, merged into Melbourne, prove requirements concerning servicing radiotelegraph operator license or a first- Fla., with its population of 40,236. The of ship radar stations; Docket No. 19253. or second-class commercial radio opera­ former community of Eau Gallie and the 1. Notice of proposed rule making is tor license, radiotelephone or radiotele­ present community of Melbourne are hereby given in the above-entitled graph, containing a ship-radar endorse­ located in Brevard County which has matter. ment, who shall be responsible for the 230,006 residents. Our FM Table of As­ 2. The Commission proposes to amend proper functioning of the equipment in signments indicates that FM Channel § 83.164(a) (2) as follows: accordance with the radio law and the 296A is assigned to Eau Gallie, Fla. In a. Delete the words “while it is radiat­ Commission’s rules and regulations and order to up-date and correct this assign­ ing energy” from the subparagraph. for the avoidance and prevention of ment we propose to redesignate Channel b. Delete the words “or of receiving- harmful interference from improper 296A as a Melbourne assignment. There typè tubes” from the proviso to the sub- transmitter external effects: Provided, are two applications pending for the use paragraph. however, That nothing in this subpara­ of the channel (BPH-6903 and B P H - 3. The first deletion is proposed so that graph shall be construed to prevent per­ 7147). Neither application is expected to the subparagraph, as amended, would sons not holding such licenses, or not be affected by our proposed action. Mel­ unequivocally require a licensed operator, holding such licenses so endorsed, from bourne, Fla., presently has assigned to- with radar endorsement, to perform the making replacement of fuses. it Channel 272A on which Station W Y R L adjustments or tests, to which the sub­ * * * * * provides a broadcast service. section refers, regardless of whether the 6. In view of the above facts and pres­ equipment “is radiating energy.” The [FR Doc.71-7710 Filed 6-2-71;8:51 am] entation we find that it is in the public second deletion from the proviso clause, interest to propose, on our own motion, would limit nonlicensed persons to re­ the following amendments to § 73.202 of placement of fuses. # our rules: 4. The first proposed amendment is INTERSTATE COMMERCE designed to preclude major adjustments or tests by unlicensed persons on the COMMISSION Channel No. basis that the equipment was not at the City E 49 CFR Part 1100 ] Present Proposed time radiating energy. The fact that the transmitter portion is not radiating [Ex Parte No. 55 (Sub-No. 4) ] Ellensburg, Wash... . 221A 237A energy when such adjustments are made IMPLEMENTATION OF NATIONAL teaksville. N.C„ _____ 233 would not alter the potentially harmful Eden, N.C 233 effects of the adjustments when the ENVIRONMENTAL POLICY Eau Gallie, Fla ...... 296A Melbourne, Fla _____ 272A 272A, 296A transmitter portion is turned on. The Notice of Proposed Rule Making second proposed amendment is designed to eliminate the possibility that un­ At a general session of the Interstate 7. Authority for the actions proposed licensed persons might make tube re­ Commerce Commission, held at its office herein, is contained in sections 4 ( i ) , 303, placements which would affect the trans­ in Washington, D.C., on the 16th day of and 307(b) of the Communications Act mitter portion of the equipment. April 1971. of 1934, as amended. 5. These proposed amendments, as set The National Environmental Policy Act of 1969 (NEPA) declares— 8. Pursuant to applicable procedures forth below, are issued pursuant to au­ thority contained in section 4(i) and 303 set out in § 1.415 of the Commission’s That it is the continuing policy of the (e) (f) and (r) of the Communications Federal Government, in cooperation with rules and regulations interested parties Act of 1934, as amended. State and lodal governments, and other con­ way file comments on or before July 13, 6 . Pursuant to the applicable proce­ cerned public and private organizations, to 1971, and reply comments on or before dures set forth in § 1.415 of the rules, in­ use all practicable means and measures, in ­ cluding financial and technical assistance, in July 23, 1971. All submissions by parties terested persons may file comments on or a manner calculated to foster and promote to this proceeding, or persons acting on before July 13, 1971, and reply comments the general welfare, to create and maintain on or before July 23, 1971. Section 1.419 behalf of such parties must be made in conditions under which man and nature of the rules requires the original and can exist In productive harmony, and fulfill wntten comments, reply comments, or fourteen (14) copies of comments or re­ the social, economic, and other requirements other appropriate pleadings. ply comments to be filed. All relevant and of present and future generations of 9. In accordance with the' provisions timely comments and reply comments Americans. of 51-419 of the Commission’s rules and will be considered by the Commission To implement this policy the Congress, regulations, an original and 14 copies of prior to final action in this proceeding. in the same statute,1 authorized and di­ In reaching its decision in this proceed­ *11 written comments, reply comments, rected, among other things, “that, to ing, the Commision may also take into the fullest extent possible: (1) The poli­ Pleadings, briefs, or other documents, consideration other relevant information cies, regulations, and public laws of the s all be furnished the Commission. before it, in addition to the specific com­ United States shall be interpreted and . Adopted: May 26, 1971. ments invited by this notice. administered in accordance with the Adopted: May 26,1971. policies set forth in this Act, and (2) all Released: May 28,1971. agencies of the Federal Government Released: May 28,1971. . shall— F ederal C ommunications F ederal C ommunications * * * * * C o m m is s io n ,1 C o m m is s io n ,1 (B) identify and develop methods and [ seal] B e n F . W a p l e , [ seal ] B e n F. W a p l e , procedures, in consultation with the Council Secretary. Secretary. on Environmental Quality * * *, which will insure that presently unquantified environ­ [PR Doc.71-7711 Filed 6-2-71;8:51 am] Section 83.164(a) (2) of the rules is mental amenities and values may be given amended as follows:

1 Commissioner Wells absen t. 1 Commissioner Wells absent. 1 Section 102.

FEDERAL REGISTER, V O L 36, NO. 107— THURSDAY, JUNE 3, 1971 10808 PROPOSED RULE MAKING appropriate consideration in decisionmak­ stitutions to organize knowledge about the to govern statements on proposed Fed­ ing along with economic and technical environment and to translate it into policy eral actions affecting the environment. considerations; and action. The year 1970 may truly be called “The (C) include in every recommendation or The National Environmental Policy Year of the Environment.” report on proposals for legislation and other Act was signed into law on January 1, This Commission has been advised by major Federal actions significantly affecting 1970. In his comprehensive Message on the chairman of the President’s Council the quality of the human environment, a on Environmental Quality that certain detailed statement by the responsible of­ the Environment, February 10, 1970, President Nixon said: of the proceedings pending before this ficial on— Commission may have an environmental (i) The environmental impact of the pro­ At the turn of the century, our chief en­ impact and that we are required by the posed action, vironmental concern was to conserve what we had— and out of this concern grew the NEPA to include a statement in each of (ii) Any adverse environmental effects the decisions that may be reached in such which cannot be avoided should the proposal Often embattled but always determined "con­ be implemented, servation” movement. Today, “conservation” proceedings as to the probable environ­ (iii) Alternatives to the proposed action, is as important as ever— but no longer is it mental effects of the proposed action and (iv) ’ The relationship between local short­enough to conserve what we have; we must any adverse environmental consequences term uses of man’s environment and the also restore what we have lost. We have to that cannot be avoided should the pro­ maintenance and enhancement of long-term go beyond conservation to embrace restora­ posal be implemented. productivity, and tion. The task of cleaning up our environment The investigation and rulemaking pro­ (v ) Any irreversible and irretrievable com­ ceeding initiated by this notice is in mitments of resources which would be in­ calls for a total mobilization by all of us. It involves governments at every level; it re­ furtherance of our continuing concern volved in the proposed action should it be quires the help of every citizen. It cannot implemented. with environmental problems facing the be a matter of simply sitting back and blam­ people of our Nation. We recently ex­ Prior to making any detailed statement, the ing someone else. Neither is it one to be left pressed one aspect of this concern in the responsible Federal official shall consult with to a few hundred leaders. Rather, it presents notice of proposed rulemaking and order and obtain the comments of any Federal us with one of those rare situations in which agency which has jurisdiction by law or spe­ each individual everywhere has an opportu­ entered December 21, 1970, in Ex Parte cial expertise with respect to any environ­ nity to make a special contribution to his No. 85, Transportation of “Waste” Prod­ mental impact involved. Copies of such country as well as his community. ucts for Reuse and Recycling (General statement and the comments and views of Motor Carrier Licensing), a proceeding the appropriate Federal, State, and local By the terms of Executive Order 11514, Instituted to promote the reuse and re­ agencies, which are authorized to develop Protection and Enhancement of Environ­ cycling of “waste” materials, an ecolog­ and enforce environmental standards, shall mental Quality, dated March 5, 1970, ical program specifically supported by be made available to the President, the Coun­ President Nixon gave practical effect to cil on Environmental Quality and to the President Nixon/ these general policies. The Federal Gov­ It is the goal of this proceeding to public as provided by section 552 of title 5, ernment was directed to “provide leader­ United States Code, and shall accompany develop the procedures necessary to im­ the proposal through the existing agency re­ ship in protecting and enhancing the plement the national environmental poli­ view processes, * * * quality of the Nation’s environment to cies expressed in the NEPA and related sustain and enrich human life,” and statutes and requirements. We intend The policies and goals set forth in the Federal agencies were specifically re­ NEPA are made supplementary to those to adopt special procedural rules and quired to “initiate measures needed to guidelines which will best enable us to set forth in existing authorizations of direct their policies, plans, and programs Federal agencies, and all such agencies, come to grips with those environmental so as to meet national environmental matters which are within our regulatory including this Commission, are required goals.” Consonant with this policy, the jurisdiction. to review their present statutory au­ heads of Federal agencies are required, thority, administrative regulations, and among other things, ( 1 ) to “ [mjonitor, I mplementation current policies and procedures for the evaluate, and control on a continuing This Commission must and will im­ purpose of determining whether there basis their agencies’ activities so as to are any deficiencies or inconsistencies plement the directives of the NEPA ana protect and enhance the quality of the related pronouncements. We must ana therein which prohibit full compliance environment;” and ( 2 ) to “ tdlevelop with the purposes and provisions of that ivill investigate the methods of meeting procedures to insure the fullest prac­ these statutory directives to create act. ticable provision of timely public infor­ more meaningful relationship between mation and understanding of Federal B ack g r o und this Commission’s regulatory respons - plans and programs with environmental bilities and the Nation’s battle to save The year 1970 marked the beginning impact in order to obtain the views of the environment. Our regulatory dut of a new environmental emphasis. The interested parties. These procedures shall are broad, and we are daily co Council on Environmental Quality has include, whenever appropriate, provi­ fronted with a sweeping variety “ expressed2 the hope of'all citizens that sion for public hearings, and shall pro­ cases ranging from a relative simp ^ the ecological problems now facing man­ vide the public with relevant informa­ motor carrier licensing application to kind can be resolved expeditiously. As the tion, including information on alterna­ complex rail merger or general rate i - Council stated: tive courses of action.” The Congress, crease proceeding, and affecting tbfiP * * * much can be done to reverse the through The Environmental Quality Im­ lie interest and the national transp , deadly downward spiral in environmental provement Act of 1970, Public Law 91— tion policy to varying degrees. W quality. Citizens, industries, and all levels 224, enacted April 3, 1970, also has de­ and will, therefore, adopt practical P of government have already begun to act in clared that there is a national policy cedures that are adaptable to the many ways which will improve environmental which provides for the enhancement of variety of cases we handle. quality * * *. Efforts to solve the problems environmental quality and that this pol­ in the past have merely tried— not very suc­ Some of the alternatives here und icy is “evidenced by statutes heretofore cessfully— to hold the line against pollution consideration include the following. enacted relating to the prevention, abate­ and exploitation. Each environmental prob­ (1) The adoption of rules_«ajd lem was treated in an ad hoc fashion, while ment, and control of environmental pol­ the strong, lasting interactions between vari­ lution, water and land resources, trans­ or permitting all parties filWS ¿^Jude ous parts of the problem were neglected. portation, and economic and regional papers with this Commission to ^ Even today most environmental problems are development.” And, finally, the Council an environmental impact statem » dealt with temporarily, incompletely, and on Environmental Quality has released a copy of that statement would be ^ often only after they have become critical. interim guidelines dated April 30, 1970,* quired to be served upon the Co The isolated response is symptomatic of on Environmental Quality. In ... . ^ the environmental crisis. Americans in the 3 These guidelines are proposed to be re­ ____ j.: 4-^ 4-v.a raihi

FEDERAL REGISTER, VOL. 36, NO. 107-^THURSDAY, JUNE 3, 1971 PROPOSED RULE MAKING 10809

in the F ederal R egister to inform in­ or arguments shall be filed with the (5) Any irreversible and irretrievable com­ terested persons that environmental is­ Commission on or before July 1, 1971, mitments of resources which would be in­ sues apparently are present in a particu­ and a copy thereof shall be served volved in the requested action should it be lar proceeding and to invite such inter­ simultaneously upon each of the Com­ granted. ested parties to participate in the pro­ mission’s regional headquarters identi­ The procedures set forth in this rule are in­ ceeding. Involved Federal, State, and fied in Appendix B to this notice and tended to encourage, to the fullest extent local agencies also would be consulted order. All such statements will be a part possible, public and governmental participa­ prior to final disposition of the proceed­ of the record in the proceeding. tion in those formal proceedings which might ing pursuant to procedures as to which And it is further ordered, That notice significantly affect the quality of the human comments are specifically invited herein. environment, and to the end of insuring that to the general public of the matter here a complete record is developed which will In proceedings presently before this under consideration will be given by de­ enable the Commission to consider fully the Commission, additional statements might positing a copy of this notice in the environmental impact of a contemplated be required to aid us in reaching a final Office of the Secretary of this Commis­ action. determination; and sion, and in each of this Commission’s (c) Applicable general and special rules (2) Because the NEPA does not con­ regional headquarters identified in Ap­ not affected: The Commission’s general and/ template that all Commission proceed­ pendix B to this notice for public in­ or special rules heretofore applicable to a ings be subject to the scrutiny proposed proceeding shall remain in effect and govern spection and by filing a copy thereof the procedure therein. These special rules in the first alternative, even though all with the Director, Office of the Federal shall supplement the applicable existing such proceedings may have some slight Register; and that a copy of this notice rules. environmental impact, rules might be shall be served on the Council on En­ (d) Determination of environmental im­ adopted which would provide for ade­ vironmental Quality and on the pact. The National Environmental Policy Act quate notice and participation by inter­ Environmental Protection Agency. does not contemplate that all of this Com­ ested persons in proceedings determined mission’s proceedings shall be subject to the to have a significant effect on the quality By the Commission. scrutiny of an environmental investigation even though all such proceedings may have of the environment. This alternative [ s e a l ] R obert L. O s w a l d , some slight environmental impact. For ex­ would require the adoption of rules per­ Secretary. ample, it would not be administratively feasi­ mitting any person to file a separate A ppendix A—P roposed Ad dition to Special ble to require environmental statements and environmental statement in any pro­ R ules of P ractice determinations in the vast number of indi­ ceeding. It is believed that the require­ vidual motor carrier operating rights appli­ ment of filing environmental impact SPECIAL RULES PERTAINING TO ALL PROCEEDINGS cations filed with this Commission each year. BEFORE THE COM MISSION TO INSURE THAT statements in all proceedings (or with The following classifications of proceedings ENVIRONMENTAL AMENITIES AND VALUES ARE have been determined to be among those all initial papers filed with the Com­ GIVEN APPROPRIATE CONSIDERATION mission) is not administratively feasible. which might have a significant effect on the (a) Scope of special rules. These special quality of the environment: A somewhat more specific proposal be­ rules are applicable to all proceedings before 1. Rulemaking proceedings except those ing considered by this Commission is the Commission. They are intended to assist relating to rules of agency organization, pro­ set forth below as Appendix A to this the Commission in discharging its duties cedure, or practice. notice. This proposal represents a con­ under the National Environmental Policy 2. Application for a certificate authorizing solidation of alternatives presently be­ Act of 1969 (Public Law 91-190, 83 Stat. 852) the construction, extension, or abandonment which authorizes and directs that, to the of all or a portion of a line of railroad. Sec­ ing considered by this Commission. It as tion 1(18)-(20). well as the foregoing general considera­ fullest extent possible, the policies, regula­ tions, and public laws of the United States 3. Notice or petition to discontinue train tions and alternatives represent propos­ shall be interpreted and administered in or ferry service. Section 13a. als only, as to which the comments of accordance with the policies for the protec­ 4. Application for approval of, or to amend interested persons are invited in this tion of the environment declared in that act. a rate association agreement. Section 5a. proceeding. (b ) Detailed environmental statement. It 5. Application for authority to establish shall be the general policy of the Interstate released value rates or ratings. Sections 20 P rocedural M atters Commerce Commission to adopt and adhere (11), 22(1),219, and 413. Oral hearings do not appear to be to the objectives and aims of the National 6. Proceedings concerning the lawfulness of rates for the future on waste products or necessary at this time and none is con­ Environmental Policy Act in performing its regulatory duties and powers under the In­ reusable materials or on substitute raw ma­ templated. Anyone wishing to present terstate Commerce Act and related statutes. terials. Sections 1(5), 2, 3 (1), and 15a(2). their views and evidence, either in sup­ Among other things, the National Environ­ 7. Application for the common use of ter­ port of, or in opposition to, the action mental Policy Act requires, to the fullest ex­ minal facilities. Section 3 (5). Proposed in this order may do so by tent possible, a detailed environmental state­ 8. Application for authority to combine or the submission of written data, views, or ment in all reports and recommendations on consolidate. Section 5. arguments. legislative proposals and other major Federal 9. Application for authority to issue se­ actions which will significantly affect the curities or to assume obligation or liability It is ordered, That, based on the fore­ quality of the human environment. in respect of the securities of others. Sections going explanation, a proceeding be, and In compliance with this requirement, a de­ 20a and 214. it is hereby, instituted under the author­ tailed environmental statement will be made Nothing in this section shall preclude this ity of the Interstate Commerce Act, the when the regulatory action taken by us under Commission from determining that any mat­ National Environmental Policy Act, Ex- the applicable statutes will have such a sig­ ter not listed above will have a significant Order 11514, and 5 U.S.C. 553 and nificant environmental impact. The detailed effect on the quality of the environment. (the Administrative Procedure Act), statement shall fully develop the five factors (e) Papers to show effect of subject matter or the purpose of determining how this listed below, among other relevant factors of proceeding on the quality of human en­ including the justification of a proposed ac­ vironment. (1) In any initial papers filed by gency can best implement the national tion as compared to its alternatives. The fol­ ir^roJV?lental policy and meet its statu- any party in a proceeding, there may be filed lowing factors are listed merely to illustrate a statement indicating the presence or ab­ i U obligations, and for the purpose of the kinds of values that must be considered sence of any effect of the requested Commis­ as sucb other and future action in the statement, and in no respect is this sion action on the quality of human environ­ incJi facti* and circumstances may listing to be construed as covering all factors ment. If any such effect is alleged to be Justify or require. relevant to the disposition of any particular present, the paper shall include statements proceeding: \J\isJ uJther ordered, That no hearings relating to each of the relevant factors set (1) The environmental impact of the re­ forth in part (b) (l)-(5 ) above. obeduled for the receiving of oral quested action; (2) In all proceedings determined to have latoi.m°ny un*ess a need therefor should (2) Any adverse environmental effects a significant effect on the quality of the man«appear’ but anyone interested in which cannot be avoided should the re­ environment, all parties shall file statements quested action be granted. aeaii1nf ^presentations in favor of, or submitting information relating to the rele­ hprov>„ • “2® ProPosed regulations is (3) Alternatives to the requested action; vant factors set forth in part (b) (l)-(5 ) (4) The relationship, if any, between local above. of wriHmvii ed to so by the submission short-term uses of man’s environment and original da^a> views, or arguments. An (3) Statements filed pursuant to this part maintenance and enhancement of long-term shall include specific information and data smai and 15 copies of such data, views, productivity; and relating to the environmental issues involved.

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10810 PROPOSED RULE MAKING

Statements may be rejected by the Commis­ ply a copy of such submission to all par­ contemplated action which might otherwise sion on thé ground that they are vague or ticipants to the proceeding. Nothing herein be developed. Nonetheless, it is th e policy of the Commission to apply these procedures indefinite. shall preclude an intervener from filing a to the fullest extent possible to proceedings (f) Notice to appropriate governmentaldetailed environmental statement. The Com­ already in progress. agencies. (1) A notice ot all proceedings mission will consider all representations sub­ determined to have a significant effect on the mitted prior to the final disposition of the A p p e n d ix B— R e g io n a l H eadquarters proceeding. quality of human environment and of all r e g io n 1 proceedings in which environmental allega­ (4) The views of the Council on Environ­ tions are made-will be transmitted by the mental Quality, if any, should be made in a Regional Manager, Robert L. Abare, Inter­ Commission to the Council on Environmental written statement served upon the secretary state Commerce Commission, John Fitz­ Quality and to appropriate governmental of the Commission and. all parties of record. gerald Kennedy Building, Government bodies— F ederal, regional, State, and local— (g) Official notice. Thé Commission may Center, Room 2211B, Boston, MA 02203. with a request for public comments on the take official notice of any facts relating to REGION 2 environmental considerations listed in part the environmental situations before it. This (b ) (1 )—(5) above. shall include, but not be limited to, scientific Regional Manager, Fred E. Cochran, Inter­ (2) An initial review shall be made of all studies, governmental reports, and maps state Commerce Commission, 16th Floor, papers submitted in compliance with these which have not been presented in evidence 1518 Walnut Street, Philadelphia, PA 19102. by any of the parties of record. rules, and any deficiency as to form shall be REGION 3 called to the attention of the person or per­ (h ) Determinations. The determinations sons submitting the papers with a direction in all proceedings which investigate en­ Regional Manager, James B. Weber, Inter­ that such papers be appropriately revised. vironmental issues should include an evalua­ state Commerce Commission, 1252 West The paper, as so revised, shall then be served tion of the environmental factors Peachtree Street, NW., Room 300, Atlanta, by the person or persons submitting it on enumerated in part (b)(1) (5) above, and GA 30309. those governmental bodies given notice pur­ the views expressed in conjunction therewith REGION 4 suant to paragraph (1) of this section. The by all persons making formal comment pur­ person or persons submitting the revised suant to the provisions of this section. Spe­ Regional Manager, Charles W. Haas, Inter­ statement also shall supply 10 copies of the cific findings should be made in each such state Commerce Commission, Everett Mc­ statement, as revised, to the Council on En­ proceeding as to whether the relief sought Kinley Dirksen Building, Room 1086, 219 vironmental Quality. is or is not environmentally advantageous. South Dearborn Street, Chicago, IL 60604. (3) All interveners, including other Gov­ (i) Review of initial decision on environ­ REGION 5 ernment agencies, taking a position on mental impact. Any initial decision with re­ environmental matters shall file with the spect to the environmental issue will be Regional Manager, Harold M. Gregory, In­ terstate Commerce Commission, 9A27 Fritz Commission an explanation of their environ­ subject to Commission review in the same Garland Lanham Federal Building, 819 mental position, specifying any differences manner as other issues in the proceeding. Taylor Street, Fort Worth, TX 76102. with the original party’s detailed statement (J) Proceedings in progress. W ith respect upon which intervener wishes to make its to those proceedings already in progress, the REGION 6 views known, and including thereto a discus­ Commission recognizes that it may not be sion of that position in the context of the possible to comply fully with the procedures Regional Manager, Ernest D. Murphy, Inter­ factors enumerated to part (b) above. All outlined herein and, in particular, that it state Commerce Commission, 13001 Federal Building, 450 Golden Gate Avenue, Post interveners shall be responsible for filing 10 may not be possible in every instance to in­ copies of their submission with the Council Office Box 36004, San Francisco, CA 94102. clude within the record all of the material on Environmental Quality at the time they [F R Doc.71-7728 Filed 6-2-71;8:53 am] file with the Commission and shall also sup- relating to the environmental impact of the

FEDERAL REGISTER, V O L 35, NO. 107— THURSDAY, JUNE 3, 1971 10811 N otices

It is the responsibility of all Federal San Diego County DEPARTMENT OF THE INTERIOR agencies to take cognizance of the prop­ Camp Pendleton, Santa Margarita Ranch Fish and Wildlife Service erties included in the National Register House, off Vandegrift Boulevard. as herein amended and revised in ac­ San Diego, Villa Montezuma (Jesse Shepard LOSTWOOD NATIONAL WILDLIFE cordance with section 106 of the N a­ H ou se), 1925 K Street. tional Historic Preservation Act of 1966, REFUGE San Francisco County 80 Stat. 915, 16 U.S.C. 470. Notice of Public Hearing Regarding The following properties have been San Francisco, Phelps, Abner, House, 329 Divisadero Street. Wilderness Proposal added to the National Register since Notice is hereby given in accordance May 4: San Luis Obispo County with provisions of the Wilderness Act of ALABAMA Nipomo, Dana Adobe, southern end of Oak September 3, 1964 (Public Law 88-577; Glen Avenue. Montgomery County 78 Stat. 890-896; 16 U.S.C. 1131-1136), Shasta County that a public hearing will be held be­ Montgomery, Or deman-Shaw Historic Dis­ ginning at 7:30 p.m. on August 4,1971, at trict, bounded on the west by a line mid­ Redding vicinity, Olsen Petroglyphs, Bear Mountain Road, northeast of Redding. the Courthouse in Bowbells, Burke way between McDonough and Hull Streets; County, N. Dak., on a proposal leading to on the north by Randolph Street; on the Sierra County a recommendation to be made to the east by a line midway between Hull and Decatur Streets (to Jefferson Street) and Gold Lake vicinity, Hawley Lake Petroglyphs, President of the United States by the by Decatur Street; and on the south by west of Gold Lake, sec. 14, T. 21 N., R. 11 E. Secretary of the Interior, regarding the Madison Avenue. Truckee vicinity, Sardine Valley Archeolog­ desirability of including Lostwood W il­ ical District, Portions of secs. 7 and 18 derness proposal within the National CALIFORNIA T. 19 N„ R. 17 E. Wilderness Preservation System. The Amador County wilderness proposal consists of approxi­ COLORADO Volcano vicinity, Indian Grinding Rock Clear Creek County mately 5,486 acres within the Lostwood ( Chaw’se), 2.25 miles southwest of Vol­ National Wildlife Refuge and is located cano on Pine Grove-Volcano Road. Silver Plume, Silver Plume Depot, Interstate in Burke and Mountrail Counties, N. Dak. 70. Butte County » A brochure containing a map and in­ CONNECTICUT formation about the Lostwood Wilder­ Chico vicinity, Patrick Rancheria, 3 miles Hartford County ness proposal may be obtained from the south of Chico. Hartford, Day House, 77 Forest Street. Refuge Manager, Lostwood National Colusa County Wildlife Refuge, Lostwood, N. Dak. 58754, Litchfield County Grimes vicinity, Nowi Rancheria, 1 mile or the Regional Director, Bureau of Sport southeast of Grimes on California 45. Woodbury, Bacon, Jabez, House, north side Fisheries and Wildlife, Federal Building, of Hollow Road Just above the intersection Fort Snelling, Twin Cities, Minn. 55111. Contra Costa County with U.S. 6. DELAWARE Individuals or organizations may ex­ Danville vicinity, O’Neill, Eugene, House, 1.5 press their oral or written views by ap­ miles west of Danville. Kent County pearing at this hearing, or they may submit written commente for inclusion Kern County Magnolia, Lowber, Mathew, House, east of Main Street, north of the intersection. m the official record of the hearing to Lebec vicinity, Fort Tejon, 3 miles northwest Regional Director at the above of Lebec on U.S. 99. New Castle County address by September 6 , 1971. Kings County New Castle Hundred, Buena Vista, on U.S. J. P. L in d u s k a , 13, 1.5 miles south of its Junction with Kettleman City vicinity, Witt Site, 12 miles U.S. 40. Acting Director, Bureau of west of Kettleman City on Utica Avenue. Sport Fisheries and Wildlife. District of Co lu m b ia Los Angeles County May 28, 1971. Washington, Anderson, Larz, House, 2118 Los Angeles, Lummis Home, 200 E Avenue 43. Massachusetts Avenue NW. [FB Doc.71-7673 Filed 6- 2- 71;8:47 am] Pasadena (San Marino), Old Mill (El Molino F lorida Viejo), 1120 Old Mill Road. San Fernando, Lopez Adobe, 1100 Pico Street. Leon County National Park Service San Gabriel, San Gabriel Mission, Junipero Tallahassee, The Columns (Benjamin Street and West Mission. Drive. Chaires H ouse), corner of Adams Street national r eg ister o f h isto r ic Wilmington, Banning Home, 401 East M and Park Avenue. PLACES Street. St. Johns County Additions Nevada County St. Augustine, Rodriguez-Avero-Sanchez French Lake vicinity, Meadow Lake Petro- House, 52 St. George Street. Pphn,n° ^ c« k* F ederal R egister o glyphs, east of French Lake, sec. 22, T 18 I l l in o is PubSS 2?-’ *971’ Part n > there wa N., R. 13 E. Cook County in th^eCLa4^st of the Properties include« Plumas County PlarW ^ atl- al Register of Historic Chicago, Clarke, Henry B., House, 4526 South notice' U 1S+1lf t k®8 been amended by £ Gold Lake vicinity, Lakes Basin Petroglyphs, Wabash Avenue. northwest of Gold Lake, sec. 8, T. 21 N R March o1 / e F ederal R eg ister ol 12 E. K ansas S S o ? * and May 4 (PR- 8333-36) Sacramento County Atchison County tai„ er notice Is hereby given that cer- Locket, Locke Historic District, bounded on Atchison, Earhart, Amelia, Birthplace, 223 North Terrace. nah,*amf ndments or revlsions, in tht the west by the Sacramento River, on the tione + * «W tttan. deletions, or correc- north by Locke Road, on the east by Alley Chase County Street, and on the south by Levee Street. adont!^ 016 previously Published list are Strong City vicinity, Springhill Farm and Copied as set out below. Sacramento, Woodlake Site, 0.5 mile south­ Stock Ranch House, 3 miles north of Strong west of KXQA radio towers. City on Kansas 177.

No. 107____7 FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10812 NOTICES

PENNSYLVANIA North Augusta vicinity, Big Stevens Creek MICHIGAN Baptist Church, about 8 miles northwest of Oakland County Chester County North Augusta on South Carolina 230. West Chester, Old Main, West Chester State Fairfield County Orton viile, Ortonville Mill, 336 Mill Street. College, northwest corner of High Street Ottawa County and Rosedale Avenue. Monticello vicinity, Davis Plantation, 0.25 mile south of Monticello on South Carolina Lancaster County Holland, Third Reformed Church, 110 West • 215. 12th Street. Lancaster, Herr, Hans, House, 1851 Hans Herr Ridgeway vicinity, St. Stephen’s Episcopal Washtenaw County Drive. Church, about 1 mile northeast of Ridge­ RHODE ISLAND way on County Route 106. A rm Arbor, White, Orrin, House ( Robert Newport County Ridgeway vicinity, Valencia, about 2 miles Hodges Residence), 2940 Puller Road. northwest of Ridgeway on County Route Newport, Baldwin, Charles H., House, Belle­ Wayne County 106. vue Avenue opposite Perry Street. Georgetown County Detroit, Orchestra Hall, 3711 Woodward Newport, Gale, Levi H., House, 89 Touro Georgetown, Prince George Winyah Church Avenue. MISSISSIPPI Newport, Lucas-Johnston House, 40 Division ( Episcopal) and Cemetery, corner of Broad Street. and Highmarket Streets. Adams County Newport, Whitehorne, Samuel, House, 414 Greenville County Natchez, King’s Tavern, 611 Jefferson Street. Thames Street. Greenville, Christ Church (Episcopal) and Carroll County Providence County Churchyard, 10 North Church Street. Avalon vicinity, Teoc Creek Site, SW^4SE^4 Chepaehet, Chapachet Village ,Historic Dis­ Kershaw County sec. 9, T. 20 N., R. 2 E. trict, along both sides of Rhode Island Carrollton vicinity, Malmaison Site, 6 miles 102—U.S. 44 north from the intersection Camden, City of Camden Historic District, northeast of Carrollton in N%SW^SWV4 of U.S. 44 and Rhode Island 102 to the in­ bounded on the south by the city limits, on the east and west by the Southern Rail­ NEi/4 sec. 7, T. 19 N., R. 3 E. tersection of Rhode Island 100 and 102 U.S. 44; included are properties on both road right-of-way, and on the north by Lowndes County sides of Dorr Drive, Douglas Hook Road, Dicey Creek Road. Columbus, Lee House (Blewett-Harrison-Lee Point Lane, and Oil Mill Lane. Richland County Providence, The Arcade, 130 Westminster H ouse), 314 North Seventh Street. Columbia, Caldwell-Hampton-Boylston Street and 65 Weybosset Street. MISSOURI House, 829 Richland Street. SOUTH CAROLINA Columbia, Chestnut Cottage, 1718 Hampton Buchanan County Abbeville County St. Joseph, Pony Express Stables, 914 Penn Columbia, Columbia Historic District I, Street. Abbeville, Trinity Episcopal Church and bounded on the south by Laurel Street; on Jackson County Cemetery, Church Street. the west by a line midway between Gads­ Kansas City, Majors (Alexander) House, 8145 den and Wayne Streets and a line midway Anderson County between Gadsden and Lincoln Streets; on State Line Road. Pendleton vicinity, Woodburn, end of Wood- the north by a line two-thirds of the dis­ N ew Y ork burn Road, 1.5 miles west of Pendleton. tance north of Calhoun Street between New York County Calhoun and Elmwood Avenue; and on me New York City, 170-176 John Street Building, Charleston County east by a line midway between Assembly 170-176 John Street. Charleston, Citizens and Southern National and Park Streets and by Park Street. Columbia, Columbia Historic District II, Bank of South Carolina, 50 Broad Street. Tompkins County bounded on the south by Taylor Street Edisto Island vicinity, Old House Plantation, Ithaca, Boardman House, 120 East Buffalo and a line midway between Taylor and northeast of Edisto Island via South Caro­ Street. lina 174, County Route 768, and unnum­ Blandlng Streets; on the west by « w N orth Caro lina between Marion and Sumter Streets; on me bered road. Johnston County north by Richland Street and a line be­ Edisto Island vicinity, Middleton’s Planta­ tween Richland and Calhoun Streets; and Clayton vicinity, Sanders-Hairr House, Route tion, 3.5 miles north of Edisto Island, then 1525 south of Clayton. on the east by Bull Street, then through me south 2 miles via unnumbered road. block between Barnwell and Henderson, by Orange County Edisto Island vicinity, Seabrook, William, Pickens, and by Henderson. Hillsborough, Eagle Lodge, 142 West King House, north of Edisto Island via South Columbia, Horry-Guignard House, 1527 b«n- Street. Carolina 174 and County Routes 968 and ' ate Street* __ Vance County 768. Columbia, Picriccorn House (Hale-Eimore- Mount Pleasant, Old Courthouse, 311 King Seibels H ouse), 1601 Richland Street. Williamsboro, St. John’s Episcopal Church, Street. Route 1329. Sumter County Williamsboro vicinity, Burnside Plantation Chester County. Sumter vicinity, Stateburg Historic District, House, on Route 1335 about 1.8 miles east Chester vicinity, Catholic Presbyterian within a rectangle bounded by the fouow of Williamsboro Crossroads. Church, 14 miles southeast of Chester on ing coordinates: On the northwest, latitune Wake County South Carolina 97 and County Route 355. 33°59'37.6" N., longitude 82°32'30 W., on Chester vicinity, Lewis Inn, 6.5 miles north­ the northeast, latitude 33° 59 37.6 •> Raleigh, Federal Building ( Raleigh Post east of Chester on South Carolina 72, then longitude 82° 29'21.4" W.; on the south­ Office and Courtroom) , 300 Fayetteville 0.5 mile west on South Carolina 909. east, latitude 33°56'42.9" N., longitude 82 Street. 29'21.4" W.; and on the southwest, latitu Richburg vicinity, Elliott House, 0.3 mile Raleigh, Seaboard Coast Line Railroad Co. 33°56'42.9" N., longitude 82°32'30 W. Office Building, 325 Halifax Street. north of Richburg on South Carolina 901, Raleigh, White-Holman House, 209 East Mor­ then 1 mile on County Route 136. Union County gan Street. Darlington County Cross Kevs vicinity, Padgett’s Creek Baptist OHIO Hartsville vicinity, Kelley, Jacob, House, 3 Butler County miles west of Hartsville, Route 2, South TENNESSEE Carolina S-16-12. Oxford, Fisher Hall ( Oxford Female College), Davidson County Dillon County Miami University campus. Nashville, Belair, 2250 Lebanon R °a<*- Greene County Dillon, Dillon, James W., House, 1302 West Nashville, Belmont, Belmont BouleviMuseum Main Street. Fairborn vicinity, Huffman Field, Wright- Nashville, Nashville Childrens Patterson Air Force Base, 1 mile southwest Dorchester County (Lindsley Hall, University of Nashinu ), 724 Second Avenue South. . old of Fairborn. Summerville vicinity, Middleton Place, 10 Nashville, Ryman Auditorium (Grana u Lucas County miles southeast of Summerville on South Opry House), 116 Opry Place. Toledo, Successful Sales Co. ( Oliver House), Carolina 61. Hickman County 27 Broadway. Edgefield County Summit County Edgefield vicinity, Horn Creek Baptist Nunnelly vicinity, Pinewood, 3 miles north of Nunnelly on Tallmadge, Tallmadge Town Square Historic Church, south of Edgefield via Routes 34, Road (Route 3). District, Public Square. 133, and a dirt road.

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 NOTICES 10813 Knox County The name of the appointee’s private Effective upon publication in the Knoxville, Marble Springs, Neubert Springs employer or employers: Great Northern F ederal R e g ister (6-3-71). Road. Oil Co. The statement of “financial interests” Signed at Washington, D.C., on Montgomery County May 27,1971. Clarksville, Sevier Station, west side of for the above appointee is set forth below. C arroll G . B r u n t h a v e r , Walker Street, 216 feet south of B Street. R ogers C. B . M o r t o n , Secretary of the Interior. Acting Executive Vice President, Robertson County Commodity Credit Corporation. Cedar Hill vicinity, Wessyngton, about 3 miles A p p o in t e e ’s S t a t e m e n t o f F in a n c ia l [FR Doc.71-7679 Filed 6-2-71;8:48 am] south of Cedar Hill, near Calebs Creek. I n t e r e st s UTAH In accordance with the requirements Box Elder County of section 302(b) of Executive Order GRAINS AND SIMILARLY HANDLED 10647,1 am filing the following statement COMMODITIES Brigham City, Box Elder Stake Tabernacle, for publication in the F ederal R e g is t e r : Main Street between Second and Third Notice of Final Date for Redemption of South Streets. (1) Names of any Corporations of which I am, or had been within 60 days Warehouse Storage Loans Made Piute County preceding my appointment, on January 4, Under 1970 Price Support Programs; Junction, Piute County Courthouse, Main 1971, as Regional Administrator, Region Correction Street at Center Street. 4, Emergency Petroleum & Gas Admin­ In the notice of final date for redemp­ Salt Lake County istration, an officer or director: tion of warehouse storage loans made Salt Lake City, The Council Hall ( Old City Vice President and Director of Great North­ ern Oil Co. under 1970 Price Support Programs pub­ Hall), Capital Hill, head of State Street. lished at 36 F.R. 8410, all final dates for Salt Lake City, Ottinger Hall, 233 Canyon Road. (2) Names of any corporations in repayment shown as “May 31, 1971” are Salt Lake City, Young, Brigham, Forest which I own, or did own within 60 days corrected to read “June 1, 1971.” Farmhouse, 732 Ashton Avenue. preceding my appointment, any stocks, (Secs. 4 and 5, 62 Stat. 1070, as amended; bonds, or other financial interests: Summit County secs. 101, 105, 107, 301, 401, 405, 63 Stat. 1051, Aquatain Ltd. Canadian Hydrocar­ as amended; 15 U.S.C. 714 b and c; 7 Ü.S.C. Park City vicinity, Kimball Stage Stop, Pacific Petroleums. bon. 1421,1425, 1441,1447) NEJ4SW& sec. 20, T. 1 S., R. 4 E. Gulf OU Corp. SMC Corp. Effective upon publication in the Wasatch County National Industries, Chadboum, Inc. F ederal R eg ister Inc. Ladd Petroleum (6-3-71). Midway, Watkins-Coleman House, 5 East Mobil Oil Corp. Corp. Main Street. Signed at Washington, D.C., on Sola Basic. Boise Cascade Corp. May 27,1971. Washington County Duro Test Corp. Tenneco, Inc. Roblin Industries. Lucky Stores C arro ll G . B r u n t h a v e r , Washington, Washington Cotton Factory, on American General Martin Marietta. U.S. 91 (Frontage Road West). Acting Executive Vice President, Insurance Co. Aztec Oil & Gas. Commodity Credit Corporation. VERMONT Pan American World Northwest Airlines. Airways. Chrysler Corp. [FR Doc.71-7680 Filed 6-2-7U8:48 am ] Chittenden County Burlington, Ethan Allen Engine Co. No. 4. (3) Names of any partnerships in [Arndt. 14] Church Street. which I am associated, or had been asso­ ciated within 60 days preceding my WASHINGTON appointment: SALES OF CERTAIN COMMODITIES King County The Villages. Monthly Sales List (Fiscal Year Ending Seattle, Alaska Trade Building (Union Record 320 Limited. June 30, 1971) Building), 1915-1919 First Avenue. (4) Names of any other businesses The CCC Monthly Sales List for the WEST VIRGINIA which I own, or owned within 60 days fiscal year ending June 30, 1971, pub­ Jefferson County preceding my appointment: lished in 35 F.R. 10922, is amended by Shepherdstown, Shepherd’s Mill, High Street. None. the insertion of a section 51, which reads as follows: E r n est A l l e n C o n n all y , T h o m a s C . L o c k h a r t . 51. Butter—export sales. Competitive Chief, Office of Archeology A p r il 30, 1971. offers, or at announced prices, as speci­ and Historic Preservation. [FR Doc.71-7666 Filed 6-2-71;8:47 am ] fied in invitations issued by the Minne­ [PR Doc.71-7672 Filed 6-2-71;8:47 am] apolis ASCS Commodity Office under the terms and conditions of Announcement Office of the Secretary MP-23. The invitations will indicate the DEPARTMENT OF AGRICULTURE type of export sales authorized, whether THOMAS C. LOCKHART sales will be made by competitive offers Commodity Credit Corporation or at announced prices, and the period of R®port of Appointment and Statement GRAINS AND SIMILARLY HANDLED time for submission of offers. of Financial Interests COMMODITIES Signed at Washington, D.C., on May 27 M ar c h 22, 197: 1971. section 302(a) of Exe Notice of Final Date for Redemption of C arro ll G . B r u n t h a v e r , Warehouse Storage Loans Made Acting Executive Vice President, tion S ^ ttÎÎI647’ 016 following inforr ment HOC aPPointee in the Depa Under 1967, 1968, and 1969 Crop Commodity Credit Corporation. S I “ ? ? terlOT *5 furnished Price Support Programs; Correction [FR Doc.71-7681 Filed 6-2-71;8:48 am] n S“? ln the f'reERAL R e g ist e r : In the notice of final date for redemp­ haït f appointee: Thomas C. Lo tion of warehouse storage loans made Food and Nutrition Service under 1967, 1968, and 1969 Crop Price Partant0 ofen? ÿ ° Î ng agency: U.S. 1 Support Programs published at 36 F.R. FOOD STAMP PROGRAM and Ga ^ iS l the fnterïor. Office of 8268, all final dates for repayment shown as “May 31, 1971” are corrected to read Maximum Monthly Allowable Income “June 1, 1971.” Standards and Basis of Coupon ® S w iS tle S i Í5?, « ’Potatee’s positi. (Secs. 4 and 5, 62 Stat. 1070, as amended; Issuance Ep q ^ Administrator, Region, secs. 101, 105, 107, 301, 401, 405, 63 Stat. 1051, On April 16, 1971, at pages 7240-54, as amended; 15 U.S.C. 1421, 1425, 1441, 1447) the Food and Nutrition Service, Depart-

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10814 NOTICES respect thereto, in any manner or capac­ ment of Agriculture, published a notice that in connection with the investigation of this case the respondent has made ity, on behalf of or in any association of proposed rule making revising the with respondent or whereby the respond­ regulations governing the operation of false and misleading statements regard­ ent may obtain any benefit therefrom the Food Stamp Program. On April 16 ing his participation in transactions re­ or have any interest or participation and 17, 1971, the Food and Nutrition lating to the procurement and attempted therein, directly or indirectly: (a) Apply Service, Department of Agriculture, pub­ procurement of commodities which have for, obtain, transfer, or use any license, lished the following three notices pre­ been exported and which were ordered scribing the maximum monthly allow­ for exportation from the United States. Shipper’s Export Declaration, bill of able income standards and the basis of Pending further investigations and lading, or Other export control document coupon issuance for the 48 States and proceedings, I find that it is reasonably relating to any exportation, reexporta­ D.C.; Alaska; and Hawaii; necessary for the protection of the public tion, transshipment, or diversion of any interest that an order be issued against commodity or technical data exported FSP No. 1971-1, appearing at page 7273 in the or to be exported from the United States, issue of Friday, April 16,1971; the respondent temporarily denying all FSP No. 1971-2, appearing at page 7320 in the U.S. export privileges for a period of 60 by, to, or for any said respondent; or issue of Saturday, April 17,1971; and days. (b) order, buy, receive, use, sell, deliver, FSP No. 1971-3, appearing at pages 7320-21 Accordingly, it is hereby ordered : store, dispose of, forward, transport, in the issue of Saturday, April 17,1971. I. All outstanding validated export li­ finance, or otherwise service or partici­ pate in any exportation, reexportation, Notice is. hereby given that it was and censes in which respondent appears or transshipment, or diversion of any com­ is the intent of the Food and Nutrition participates in any manner or capacity Service, Department of Agriculture that are hereby revoked and shall be returned modity or technical data exported or to material contained in the three notice forthwith to the Bureau of International be exported from the United States. documents referred to above is subject to Commerce for cancellation. VT. A copy of this order shall be served the aforementioned proposed rule mak­ II. The respondent is hereby denied all upon the respondent. ing and, therefore, shall not go into effect privileges of participating, directly or in­ VII. In accordance with the provisions until the proposed rule making shall be directly, in any manner or capacity, in of § 388.11(c) of the Export Control Reg­ ulations, the respondent may move at any adopted. any transaction involving commodities or R ichard L y n g , technical data exported from the United time to vacate or modify this temporary Assistant Secretary. States in whole or in part, or to be ex­ denial order by filing an appropriate mo­ tion therefor, supported by evidence, with [FR Doc.71-7683 Filed 6-2-71;8:48 am] ported, or which are otherwise subject to the Export Control Regulations. Without the Compliance Commissioner and may limitation of the generality of the fore­ request an oral hearing thereon which, if going, participation prohibited in any reauested, shall be held before the Com­ DEPARTMENT OF COMMERCE such transaction, either in the United pliance Commissioner, in Washington, States or abroad, shall include participa­ D.C., at the earliest convenient date. Bureau of International Commerce tion, directly or indirectly, in any man­ Dated: May 26,1971. ner or capacity: (a) As a party or as a [File Nos. 23 (70)-20,22(70)-8] R au e r H. M eyer , representative of a party 1b any validated BERNARD CHOLLET Director, export license application; (b) in the Office of Export Control. Order Temporarily Denying Export preparation or filing of any export license application or reexportation authoriza­ [FR Doc.71-7699 Filed 6-2-71;8:45 am] Privileges tion, or any document to be submitted In the matter of Bernard Chollet, therewith; (c) in the obtaining or using National Oceanic and Atmospheric Maugarny 15, 95 Montlignon, France, of any validated or general export license Administration respondent. or other export control document; (d) in The Director, Investigations Division, the carrying on of negotiations with re­ GROUNDFISH FISHERIES Office of Export Control, Bureau of In­ spect to or in the receiving, ordering, Closure of Season ternational Commerce, pursuant to the buying, selling, delivering, storing, using, Notice is hereby g iv ^ pursuant to provisions of § 388.11 of the Export Con­ or disposing of any commodities or tech­ trol Regulations (Title 15, Chapter III, nical data in whole or in part exported § 240.8(a) (4), Title 50, Code of Federa Subchapter B, Code of Federal Regula­ or to be exported from the United States; Regulations, as follows: On May 27,1971, the l^rector. Nation tions) , has applied to the Compliance and (e) in the financing, forwarding, al Marine Fisheries Service, determined Commissioner for an order temporarily transporting, or other servicing of such that U.S. vessels operating m r^ a to ry denying all export privileges to the above commodities or technical data. area Subarea 5, west of 69 00 W. longig named respondent. The Compliance III. Such denial of export privileges tude, defined in § 240.1(b) (5 ) and §2 • Commissioner has reviewed the applica­ shall extend not only to the respondent (b) (2 ) had reached the quarterly ca tion and the evidence presented in sup­ but also to his assigns, representatives, limit for yellowtail flounder of 1,400 ma port thereof and has submitted his re­ agents and employees and to any person, port, together with his recommendation firm, corporation, or business organiza­ ric tons for the period 1971, as described in § 240.6(b) (2), P that the application be granted and that tion with which he now or hereafter may lished in the F ederal R egister 36 • a temporary denial order be issued for be related by ownership or control or which he could use to evade the purposes 60 days. 15l"hereby announce that the season for On the evidence presented there is rea­ of this order. ' taking yellowtail flounder without r IV. This order shall take effect forth­ sonable basis to believe that the respond­ striction as to quantity by pefso ent acting in his own name, and also with and shall remain in effect for a pe­ vessels subject to the junsdiction onne riod of 60 days from the date hereof, under the name of another individual United States will terminate at residing in France, has ordered substan­ unless it is hereaf ter extended, amended, hours local time in the area affect«; tial quantities of commodities of various modified, or vacated in accordance with June 4, 1971. The restriction wiU rema^ types from U.S. suppliers; that some of the provisions of the U.S. Export Control to effect until 0001 hours local time these commodities have been of a stra­ Regulations. V. No person, firm, corporation, part­ July 1,1971. tegic nature; that some of these com­ Issued at Washington, D.C., and da modities have been exported from the nership, or other business organization, United States consigned to parties desig­ whether in the United States or else­ May 28, 1971. nated by respondent, and that some of where, without prior disclosure to and P h i l i p M. R o e d e l , the commodities so exported from the specific authorization from the Bureau Director, National Mannc Fisheries Service. United States to France have been re­ of International Commerce, shall do any exported to unauthorized destinations. of the following acts, directly or in­ [FR Doc.71-7675 Filed 6-2-71;8:48 am] There is also reasonable basis to believe directly, or carry on negotiations with

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 NOTICES 10815

tive on the date of signature of this sole basis for the approval of claims of DEPARTMENT OF HEALTH, document. effectiveness, but such studies may be Dated: May 25, 1971. considered on their merits for corrobora­ EDUCATION, AND WELFARE tive support of efficacy and evidence of S a m D . F i n e , Food and Drug Administration safety. Associate Commissioner 2. At the end of the 6 -month period, J. M. HUBER CORP. for Compliance. any such data will be evaluated to deter­ [FR Doc.71-7662 Filed 6-2-71;8:47 am ] mine whether there is substantial evi­ Notice of Filing of Petition for Food dence of effectiveness for such uses. After Additive Silicon Dioxide [D E S I11250] that evaluation, the conclusions concern­ Pursuant to provisions of the Federal ing the drugs will be published in the Pood, Drug, and Cosmetic Act (sec. 409 CERTAIN DRUGS USED FOR TREAT­ F ederal R e g ist e r . If no studies have (b)(5), 72 Stat. 1786; 21 U.S.C. 348(b) MENT OF AMMONIA INTOXICATION been undertaken or if the studies do not provide substantial evidence of effective­ (5)), notice is given that a petition (M F - Drugs for Human Use; Drug Efficacy 3457V) has been filed by J. M. Huber ness, procedures will be initiated to with­ Corp., Post Office Box 310, Harve de Study Implementation draw approval of the new drug applica­ Grace, Md. 21078, proposing that The Food and Drug Administration tions for such drugs, pursuant to the § 121.229 Silicon dioxide be amended to has evaluated reports received from the provisions of section 505(e) of the Fed­ provide for the safe use of silicon dioxide National Academy of Sciences-National eral Food, Drug, and Cosmetic Act. W ith­ as an anticaking agent in animal feed Research Council, Drug Efficacy Study drawal of approval of the applications at a level not to exceed 2 percent by Group, on the following drugs for paren­ will cause any such drugs on the market weight of finished feed. teral use: to be new drugs for which an approval is not in effect. Dated: May 18,1971. 1. R-Gene Injection containing argi­ nine hydrochloride; Cutter Laboratories, The above-named holders of the new S a m D. F in e , Inc., Fourth and Parket Streets, Berk­ drug applications for these drugs have Associate Commissioner eley, Calif. 94719 (N B A 11-250). been mailed a copy of the Academy’s re­ for Compliance. 2. Glutavene Solution for Injection port. Any interested person may obtain a [FR Doc.71-7660 Filed 6-2-71;8:47 am ] containing sodium glutamate; Tilden- copy of these reports by request to the Yates Laboratories, Inc., Fairfield Road, Food and Drug Administration, Press Wayne, N.J. 07470 (ND A 12-036). Relations Office (CE-200), 200 C Street [Docket No. FDC—D-339; NADA No. 10-056V] 3. Glutavene-K Solution for Injection SW., Washington, D.C. 20204. UPJOHN CO. containing sodium glutamate and potas­ Communications forwarded in re­ sium glutamate; Tilden-Yates Labora­ sponse to this announcement should be Parvex Powder; Notice of Withdrawal tories, Inc. (ND A 12-037). identified with the reference number of Approval of New Animal Drug 4. Modumate Solution for Injection DESI 11250, directed to the attention of Application containing arginine glutamate; Abbott the appropriate office listed below, and Laboratories, 14th and Sheridan Road, addressed to the Food and Drug Adm in - An announcement concerning Parvex North Chicago, HI. 60064 (ND A 11-640). istration, 5600 Fishers Lane, Rockville, Powder which contains piperazine-car­ These drugs are regarded as new Maryland 20852: bon disulfide complex was published in drugs. The effectiveness, classification, Supplements (identify with NDA number): the F ederal R egister of December 11, and marketing status are described Office of Scientific Evaluation (BD-100), 1968 (33 F.R. 18408). The announcement below. Bureau of Drugs. set forth the findings of the National A. Effectiveness classification. The Original new drug applications: Office of Academy of Sciences-National Research Food and Drug Administration has con­ Scientific Evaluation (BD-100), Bureau of Council, Drug Efficacy Study Group, and sidered the Academy’s reports as well as Drugs. the Food and Drug Administration that other available evidence, and concludes All other communications regarding this an­ the drug is an effective swine that these drugs are possible effective for nouncement: Drug Efficacy Study Imple­ anthelmintic. their labeled indications relating to use mentation Project Office (BD-5), Bureau of Drugs. In addition the announcement pro­ in conditions associated with elevated vided 6 months for The Upjohn Co., K al­ blood ammonia levels. This notice is issued pursuant to the amazoo, Mich. 49001, holder of NADA B. Marketing status. 1. Holders of pre­ provisions of the Federal Food, Drug, (&ew animal drug application) No. 10- viously approved new drug applications and Cosmetic Act (secs. 502, 505, 52 Stat. «56V for the drug Parvex Powder, to sub­ and any person marketing any such drug 1050-53, as amended; 21 U.S.C. 352, 355) net revised labeling or to submit ade­ without approval will be allowed and under the authority delegated to the quate documentation in support of the 6 months from the date of publication of Commissioner of Food and Drugs (21 labeling used. No revised labeling or doc­ this announcement in the F ederal R eg­ CFR 2.120). umentation in support of the current ist e r to obtain and to submit in a sup­ Dated: May 6,1971. labeling was received. The Upjohn Co. plemental or original new drug applica­ advised the Food and Drug Administra­ tion data to provide substantial evidence S a m D. F i n e , tion that the preparation had been dis­ of effectiveness for those indications for Associate Commissioner continued and requested that approval which these drugs have been classified for Compliance. ol said NADA be withdrawn. as possibly effective. To be acceptable for [FR Doc.71—7663 Filed 6-2-71;8:47 am] ’T’hc Commissioner of Food and Drugs consideration in support of the effective­ S f ^ e s . on the basis of the informa- ness of a drug, any such data must be on before him with respect to said drug, previously unsubmitted, well-organized, [DESI 9698; Docket No. FDC-D-227; NDA 9-698, etc.] 2 f L approval of said NADA should be and include data from adequate and well- witnarawn. Therefore, pursuant to pro- controlled clinical investigations (identi­ MEPROBAMATE fv!0ni . of the Fe

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10816 NOTICES

1. Under “Oral Meprobamate— Warn­ for intravenous infusion. This notice is issued pursuant to the ings,” second paragraph, last sentence, 2. Labeling conditions, a. The labels provisions of the Federal Food, Drug, and change “symptoms usually cease within bear the statement, “Caution: Federal Cosmetic Act (secs. 502, 505, 52 Stat. the next 12- to 14-hour period” to “symp­ law prohibits dispensing without 1050-53, as amended; 21 U.S.C. 352, 355) toms usually cease within the next 12 - to prescription.” and under the authority delegated to the 48-hour period.” b. The drugs are labeled to comply Commissioner of Food and Drugs (21 2. Under “Oral Meprobamate—Over­ with all requirements of the Act and CFR 2.120). dosage,” last paragraph, change “hemo- regulations. The labeling bears adequate Dated: May 5,1971. dalysis” in next to last sentence to information for safe and effective use of “hemodialysis” and change “Replace” in the drug and is in accord with the guide­ S a m D . F in e , the last sentence to “Relapse”. lines for uniform labeling published in Associate Commissioner the F ederal R egister of February 6,1970. for Compliance. Dated: May 25,1971. The “Indications” section is as follows: [FR Doc.71-7664 Filed 6-2-71;8:47 am] S a m D. F i n e , (Labeling guidelines are available from Associate Commissioner the Administration on request.) for Compliance. I n d ic atio n s [FR Doc.71-7661 Filed 6-2-71:8:47 am] A diagnostic test drug for hypothalamico- DEPARTMENT OF pituitary function. TRANSPORTATION [D E S I12911] 3. Marketing status. Marketing of such Coast Guard METYRAPONE AND METYRAPONE drugs may be continued under the con­ ditions described in the notice entitled [C G 71-50] DITARTRATE “Conditions for Marketing New Drugs Drugs for Human Use; Drug Efficacy Evaluated in Drug Efficacy Study,” pub­ NEW LONDON HARBOR Study Implementation lished in the F ederal R e g ister July 14, Security Zone 1970 (35 F.R. 11273), as follows: In the F ederal R egister of May 28, a. For holders of “deemed approval” By virtue of the authority vested in 1968 (33 F.R. 7762), it was proposed (21 new drug applications (i.e., an applica­ the Commandant, U.S. Coast Guard, by CFR Part 130, Subpart D) that metyra- tion which became effective on the basis Executive Order 10173, as amended (33 pone and metyrapone ditartrate be of safety prior to October 10, 1962), the CFR Part 6 ), sec. 6 (b) (1), 80 Stat. 937, listed as drugs for human use that under submission of an abbreviated supple­ 49 U.S.C. 1655(b)(1), 49 CFR 1.46(b) specified conditions would not require ment for updating information and for and the redelegation of authority to an approved new drug application. Upon oral tablet forms adequate data to show Chief, Office of Operations, U.S. Coast reconsideration, the Commissioner of the biologic availability of the drug in Guard, as contained in the F ederal R eg­ Food and Drugs has determined that the formulation which is marketed, as ist e r of May 27, 1970 (35 F.R. 8279) , I these drugs should continue to be re­ described in paragraphs (a) ( 1 ) (ii) and hereby affirm for publication in the garded as new drugs. The conclusions (iii) of the notice of July 14, 1970. F ederal R e g ister the order of B.B. Le- concerning them are described below. b. For any person who does not hold land, Captain, U.S. Coast Guard, Acting The drugs evaluated by the National an approved or effective new drug ap­ Commander, Third Coast Guard Dis­ Academy of Sciences-National Research plication, the submission of an abbrevi­ trict, who has exercised authority as Dis­ Council, Drug Efficacy Study Group, ated new drug application, to include for trict Commander, such order reading as were: oral tablet forms adequate data to assure follows: 1. Metopirone Tablets containing the biologic availability of the drug in N ew L ondon Harbor metyrapone (N D A 12-911), and the formulation which is or is intended to SECURITY ZONE 2. Metopirone Injection containing be marketed, as described in paragraph Under the present authority to section 1 metyrapone ditartrate (ND A 12-913), (a) (3) (ii) of that notice. of Title II of the Espionage Act oi_June u>. both marketed by Ciba Pharmaceutical c. For any distributor of the drug, the 1917, 40 Stat. 220, as amended, 50 U.S.C. Co., 556 Morris Avenue, Summit, N. J. use of labeling in accord with this an­ and Executive Order 10173 as amended ana 07901. nouncement for any such drug shipped 14 U.S.C. 91, I declare that from 5:30 p m., within the jurisdiction of the Act as de­ e.d.s.t., on Friday, June 4, 1971, until USS Such drugs are regarded as new drugs Silversides” is secured to the wet aoc& ax (21 U.S.C. 321 (p)). Supplemental new scribed in paragraph (b) of that notice. Electric Boat Division, General Dynamics, drug applications are required to revise A copy of the Academy’s report has the following area is a security zone ana the labeling in and to update previously been furnished to Ciba Pharmaceutical order it be closed to any person or vessei oue approved applications providing for such Co. Any other interested person may to launching of the “USS Silversides (SSN drugs. A new drug application is re­ obtain a copy by request to the Food 679) from the north ways of Electric Boat co. quired from any person marketing such and Drug Administration, Press Rela­ The waters of New London Harbor, New drug without approval. tions Office (CE-200), 200 C Street SW., London, Conn., within the coordi^tesla ' Washington, D.C. 20204. tude 41°20'32'' North and 41°21 03 Nort A. Effectiveness classification. The No person or vessel Shall remain in or enter Food and Drug Administration has con­ Communications forwarded in re­ sponse to this announcement should be this security zone without permission sidered the Academy’s reports, as well Captain of the Port. as other available evidence, and con­ identified with the reference number The Captain of the Port, New ^don. cludes that metyrapone and metyrapone DESI 12911, directed to the attention of Conn., shall enforce this order. In the ditartrate are effective for use as a diag­ the appropriate office listed below, and forcement of this order, the Captain of nostic test for hypothalamico-pituitary addressed to the Food and Drug Admin­ Port may utilize, by appropriate agreemeu- function. istration, 5600 Fishers Lane, Rockville, personnel and facilities of any o eral agency, or of any State or political s u d B. Conditions for approval and mar­ Maryland 20852: division thereof. , Supplements (identify with NDA number): keting. The Food and Drug Administra­ For violation of this order, section Office of Scientific Evaluation (BD-100), tion is prepared to approve abbreviated Title II of the Espionage Act of Juim io, new drug applications and abbreviated Bureau of Drugs. Original abbreviated new drug applications (40 Stat. 220 as amended, 50 supplements to previously approved new (identify as su ch ): Drug Efficacy Study provides: _ drug applications under conditions de­ Implementation Project Office (BD-5), “If any owner, agent, master, o . scribed herein. Bureau of Drugs. person in charge, or any member _ & crew of any such vessel failsto comp y w ^ 1. Form of drug. Metyrapone prepara­ All other communications regarding this an­ tions are in tablet form suitable for oral nouncement: Drug Efficacy Study Imple­ any regulation or rule issued or o Qb. mentation Project Office (BD-5), Bureau under the provisions of ,this 0f administration or, if present as the di­ structs or interferes with the exe tartrate, in an injectable form suitable of Drugs.

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 NOTICES 10817 any power conferred by this chapter, the safety standards that set quantitative vessel, together with her tackle, apparel, performance requirements. The degree furniture, and equipment, shall be subject CIVIL AERONAUTICS BOARD to which test performance must exceed to seizure and forfeiture to the United States [Dockets Nos. 23423,23381; Order 71-5-133] in the same manner as merchandise is for­ the requirements depends on the uni­ feited for violation of the customs revenue formity of the materials used, the effec­ NORTHEAST AIRLINES, INC. laws; and the person guilty of such failure, tiveness of quality control procedures, obstruction, or Interference shall be pun­ and the safety margin that the manu­ Order of Investigation and Suspension ished by imprisonment for not more than facturer chooses to build into his prod­ 10 years and may, in the discretion of the Adopted by the Civil Aeronautics court, be fined not more than $10,000. uct. This is the intended result of the Board at its office in Washington, D.C., “(a) If any other person knowingly fails National Traffic and Motor Vehicle on the 27th day of May 1971. to comply with any regulation or rule issued Safety Act. By tariff revisions1 marked to become or order given tinder the provisions of this This notice is issued under the au­ effective June 1, June 11, and June 27, chapter, or knowingly obstructs or Interferes thority of sections 103 and 119 of the 1971, Northeast Airlines, Inc. (North­ with the exercise of any power conferred by National Traffic and Motor Vehicle east), proposes to establish round-trip this chapter, he shall be punished by Im­ Safety Act, 15 U.S.C. secs. 1392, 1407, prisonment for not more than 10 years and family excursion fares between may, at the discretion of the court, be fined and the delegation of authority at 49’ Baltimore/Washington, Bangor, Boston, not more than $10,000.M CFR 1.51. Hartford, New York, Philadelphia, Port­ Dated: May 28, 1971. Issued on May 28,1971. land, Maine, Presque Isle, on the one hand, and Miami/Fort Lauderdale, on R . E. H a m m o n d , D o u g la s W . T o m s , the other. The discounts could range up Rear Admiral, U.S. Coast Guard, Acting Administrator. to 28 percent from existing family fares Chief, Office of Operations. [FR Doc.71-7724 Filed 6-2-71;8:52 am ] depending on the size and composition [PR Doc.71-7723 Piled 6-2-71; 8:52 am j of the group. The fares are subject to a minimum stay requirement of 7 days, and a maximum stay of 21 days. The ATOMIC ENERGY COMMISSION fares are marked to expire December 15. National Highway Traffic Safety 1971.* [Docket No. 50-13] Administration Northeast asserts that its filing is made [Docket 3-3; Notice 4A] BABCOCK & WILCOX CO. to meet the family excursion fares re­ Order Authorizing Dismantling of cently proposed by Eastern Air Lines, Inc. FLAMMABILITY OF INTERIOR (Eastern), modified “to provide a more MATERIALS Facility usable tariff * * *” * The essential dif­ By application dated April 2,1971, and ferences between Northeast’s and East­ Denial of Petition for Reconsideration supplement thereto dated April 20, 1971, ern’s proposals are that Northeast’s fares Federal Motor Vehicle Safety Stand­ the Babcock & Wilcox Co. has requested are somewhat higher for groups of com­ ard No. 302, “Flammability of Interior authorization to dismantle and dispose parable size but the rules of applicability Materials in Passenger Cars, Multipur­ of the Split Table Critical Experiments are more liberal, particularly in that pose Passenger Vehicles, Trucks, and (STCE) Facility and its fuel under Facil­ the fares are available for northbound as well as southbound originations and are Buses” was published January 8,1971 (3 6 ity License No. CX—12. The STCE Facility iFR. 289). Following issuance of the is located in the Lynchburg Research not subject to the weekend blackout pe­ riods traditional with family -fares. standard, one petition for reconsidera­ Center at Lynchburg, Va. tion, from American Motors Corp., was The Commission has reviewed the National Airlines, Inc. (National), received. The petition requested that the application, as supplemented, in accord­ filed a complaint against Northeast’s Maximum allowable bum rate specified ance with the provisions of the Commis­ proposal alleging that it is untimely in by the standard be changed from 4 inches sion’s regulations and has found that the view of imminent Board decision in per minute to 10 inches per minute. dismantlement, decontamination, and Phase 5 (Discount Fares) of the Domestic Pursuant- to §§ 553.35, 553.37, and 553.39 disposal of the component parts of the Passenger-Fare Investigation, and in­ ox Title 49, Code of Federal Regulations, STCE Facility and the disposal of its volves a substantial risk of revenue notice is hereby given that this petition fuel in accordance with the regulations dilution. is denied. in 10 CFR Chapter I, and the application Upon consideration of the tariff pro­ will not be inimical to the common de­ posal, the complaint, and other relevant American Motors noted that a particu- fense and security or to the health and ar material may be required to have a matters the Board finds that the pro­ safety of the public. posal may be unjust, unreasonable, un­ ipfn«fa*'e sPecification of substantially Accordingly, it is hereby ordered that ess than 4 inches per minute in order justly discriminatory, unduly prefer­ the Babcock & Wilcox Co. may, under ential, unduly prejudicial, or otherwise x ? a Manufacturer to be reasonably cer- Facility License No. CX-12, as amended, unlawful and should be investigated. The tiniTK vehicles in a production run dismantle, decontaminate, dispose of Board further concludes that the fares wui be in conformity with the standard, component parts of the STCE Facility ue reason for establishing the burn rate should be suspended pending investiga­ and dispose of its fuel in accordance with tion. Quirement at 4 inches per minute, with its application dated April 2, 1971, and a°n??n*:a* test, was discussed in the In determining to suspend Eastern’s supplement thereto dated April 20, 1971. earlier family excursion fare proposal, we to the standard. As stated Upon completion of the dismantle­ noted that the magnitude of the dis­ thkk1, agen°y has determined that ment of the STCE Facility, decontamina­ counts would result in significant yield ininr +n ra^e *s necessary to prevent tion and disposal of the components parts erosion at a time when the industry is ex­ ini .occuPants from rapidly spread­ and an inspection by representatives of er Ares, to allow sufficient time pressing considerable concern over main­ the Atomic Energy Commission, consid­ taining or increasing yield. While the if « 1« * ^ ver to stop the vehicle, and, eration will be given to the issuance of discounts here proposed by Northeast b p w e-Ssary* for occupants to leave it an order terminating Facility License whinb toJury occurs. In addition, studies are somewhat less, they are nevertheless No. CX-12. substantial and result in fares which may dispincoi1^t.N? TSA has conducted have This order is effective as of the date be unreasonably low. Moreover, the more avAiioio toat many materials presently of issuance. in use will meet thte extensive availability of the fares can Date of issuance: May 25, 1971. tJ?e aBcncy recognizes that the per- For the Atomic Energy qommission. 1 Revisions to Airline Tariff Publishers, Inc., ance level established in the stand- Agent, Tariff CAB Nos. 136 and 142. P eter A . M o r r is, 3National Airlines, Inc. (National), has mflWi ! requ^re Manufacturers to use Director, filed a defensive tariff matching Northeast. whose actual test performance Division of Reactor Licensing. »The Board suspended and placed under ds that level; this is true of all Investigation Eastern’s proposed family ex­ [FR Doc.71-7674 Filed 6-2-71;8:47 am] cursion fares by Order 71-5-100, May 21, 1971.

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10818 NOTICES only enhance the probability of yield DEPARTMENT OF DEFENSE DEPARTMENT OF THE TREASURY erosion. On this basis, we conclude that the fares should not be permitted with­ Notice of Grant of Authority To Make Notice of Grant of Authority To Make out investigation. Noncareer Executive Assignment Noncareer Executive Assignment Accordingly, pursuant to the Federal Under authority of § 9.20 of Civil Under authority of § 9.20 of Civil Serv­ Aviation Act of 1958, and particularly Service Rule IX (5 CFR 9.20), the Civil ice Rule IX (5 CFR 9.20), the Civil sections 294 and 1002 thereof: Service Commission authorizes the De­ Service Commission authorizes the De­ That: It is ordered, partment of Defense to fill by noncareer partment of the Treasury to fill by non­ 1. An investigation be instituted to executive assignment in the excepted career executive assignment in the determine whether the fares and provi­ service the position of Deputy Director excepted service the position of Deputy sions described in Appendix A hereto,* of Defense Research and Engineering Assistant Secretary for Economic Policy, and rules, regulations, or practices af­ (Test & Evaluation), Office of the Sec­ Office of the Under Secretary for fecting such fares and provisions, are or retary of Defense. Monetary Affairs. will be unjust, unreasonable, unjustly discriminatory, unduly preferential, un­ U n it e d S tates C i v i l S er v­ U n it e d S tates C iv il Serv­ duly prejudicial, or otherwise unlawful, ic e C o m m is s io n , ic e C o m m is s io n , and if found to be unlawful, to determine [ s e a l ] J am es C. S p r y , [ s e a l ] Ja m e s C. S p r y , and prescribe the lawful fares and pro­ Executive Assistant to Executive Assistant to visions, and rules, regulations, or prac­ the Commissioners. the Commissioners. tices affecting such fares and provisions; [FR Doc.71-7649 Filed 6-2-71;8:45 am ] [FR Doc.71-7652 Filed 6-2-71;8:46 am] 2. Pending hearing and decision by the Board, the fares and provisions described in Appendix A hereto* are suspended DEPARTMENT OF DEFENSE and their use deferred to and including Notice of Grant of Authority To Make August 29,1971, unless otherwise ordered FEDERAL COMMUNICATIONS by the Board, and that no changes be Noncareer Executive Assignment made therein during the period of sus­ Under authority of § 9.20 of Civil Serv­ COMMISSION pension except by order or special per­ ice Rule IX (5 CFR 9.20), the Civil Serv­ [Docket No. 19248; FCC 71-535] mission of the Board; ice Commission authorizes the Depart­ 3. Except to the extent granted herein, ment of Defense to fill by noncareer NEWSVISION CO. (WFTT) the complaint of National Airlines, Inc., executive assignment in the excepted Order Designating Application for in Docket 23381 is hereby dismissed; service the position of Principal Deputy Oral Argument on Stated Issue 4. The investigation ordered herein Director, Office of Ocean Affairs. In regard application of Kenneth M. is hereby consolidated into Docket 23423; U n it e d S tates C iv il S er v­ and Cooper, General Partner, and Edwin B. ic e C o m m is s io n , Laughlin, James K. Patrick, Jr., John H. 5. A copy of this order will be filed with [ s e a l ] J am e s C. S p r y , Staah, H, and Arthur R. Bell, Limited the aforesaid tariffs and served upon Executive^ Assistant to Partners; doing business as Newsvision National Airlines, Inc., and Northeast the Commissioners. Airlines, Inc. Co. (W F T T ), Bridgeport, Conn.; license [FR Doc.71-7650 Filed 6-2-71;8:46 am ] to cover construction permit; Docket No. This order will be published in the DEPARTMENT OF JUSTICE 19248, File No. BLCT-1717. F ederal R eg iste r . 1. The Commission has before it the By the Civil Aeronautics Board.® Notice of Grant of Authority To Make request of Newsvision Co. (Newsvision) Noncareer Executive Assignment for reinstatement of the construction [ s e a l ] H a r r y J. Z i n k , permit, call sign and application for Secretary. Under authority of § 9.20 of Civil Serv­ license of television broadcast Station [FR Doc.71-7715 Filed 6-2-71;8:51 am] ice Rule IX (5 CFR 9.20), the Civil Serv­ W FTT, Channel 43, Bridgeport, Conn. ice Commission authorizes the Depart­ 2. Newsvision completed the construc­ ment of Justice to fill by noncareer ex­ tion of Station W F T T and filed the pres­ ecutive assignment in the excepted ent license application (BLCT-1717) on service the position of Deputy Director of September 20, 1967. Program test au­ CIVIL SERVICE COMMISSION Policy Planning, Antitrust Division. thority was awarded the station on Sep­ DEPARTMENT OF COMMERCE U n it e d S tates C iv il S er v­ tember 26, 1967, but it has yet to com­ mence broadcasting. Newsvision claimed ic e C o m m is s io n , Notice of Revocation of Authority To that it could not begin operations until [ s e a l] J a m e s C. S p r y , Make Noncareer Executive Assign­ Executive Assistant to the Commission acted upon a request ment » the Commissioners. filed in conjunction with its license ap­ plication which sought a waiver of Under authority of § 9.20 of Civil [FR Doc. 71-7651 Filed 6-2-71; 8:46 am ] § 73.651(c) of the Commission’s rules so Service Rule IX (5 CFR 9.20), the Civil as to allow Station W FTT to cany non- Service Commission revokes the author­ DEPARTMENT OF THE NAVY integrated audiovisual transmissions. ity of the Department of Commerce to However, in response to our request for fill by noncareer executive assignment Notice of Revocation of Authority To updated information dated July 13,1970, in the excepted service the position of Make Noncareer Executive Assign­ Newsvision stated that it was no longe Deputy Assistant Director for Business ment interested in obtaining such a waiver ana Opportunities, Office of Minority Busi­ instead intended to assign its construc­ Under authority of § 9.20 of Civil Serv­ ness Enterprise. tion permit to Limotharo, Inc.1 After the ice Rule IX (5 CFR 9.20), the Civil U n it e d S tates C i v i l S er v­ Service Commission revokes the author­ lapse of several months during which no ic e C o m m is s io n , ity of the Department of the Navy to fill assignment application was filed, it be­ [ s e a l ] J am e s C. S p r y , by noncareer executive assignment in came evident that this assignment would Executive Assistant to the excepted service the position of Spe­ not be completed, and accordingly, the the Commissioners. cial Assistant to the Secretary of the Chief of the Broadcast Bureau, acting [FR Doc.71-7654 Filed 6-2-71;8:46 am ] Navy. pursuant to delegated authority, dis U n it e d S tates C iv il S erv­ ic e C o m m is s io n , * Appendix A filed as part of the original 1A contract for the sale of station [ s e a l ] Ja m e s C. S p r y , dated Oct. 9, 1969, and amended Jan. i > document. Executive Assistant to 1970, has been filed with the Commission. 5 Dissenting statement Issued Jointly by the Commissioners. Members Minetti and Murphy filed as part •Section, 0.281 (n ) of the Commissions of original document. [F R Doc.71-7653 Filed 6-2-71:8:46 am] rules.

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 NOTICES 10819

missed Newsvision’s license application Interested parties may inspect and ing, may be submitted to the Secretary, for failure to prosecute under § 1.568(b) obtain a copy of the agreement at the Federal Maritime Commission, Washing­ of the Commission’s rules, and canceled Washington office of the Federal Mari­ ton, D.C. 20573, within 20 days after pub­ the WFTT construction permit and de­ time Commission, 1405 I Street NW., lication of this notice in the Federal leted the call sign. Room 1202; or may inspect the agree­ Register. Any person desiring a hearing 3. Newsvision requested and was ment at the Field Offices located at New on the proposed agreement shall provide granted a stay of action for 90 days in York, N.Y., New Orleans, La., and San a clear and concise statement of the order to negotiate an assignment of its Francisco, Calif. Comments on such matters upon which they desire to adduce construction permit to the University of agreements, including requests for hear­ evidence. An allegation of discrimination Bridgeport, but it was unable to complete ing, may be submitted to the Secretary, or unfairness shall be accompanied by a this proposal either, and on February Federal Maritime Commission, W ash­ statement describing the discrimination 16, 1971, it filed the present request for ington, D.C., 20573, within 20 days after or unfairness with particularity. If a vio­ reinstatement of its construction permit, publication of this notice in the Federal lation of the Act or detriment to the call sign, and license application, and Register. Any person desiring a hearing commerce of the United States is alleged, asked to participate in a hearing con­ on the proposed agreement shall provide the statement shall set forth with partic­ cerning the basis for the dismissal of its a clear and concise statement of the ularity the acts and circumstances said license application. matters upon which they desire to ad­ to constitute such violation or detriment 4. Accordingly, it is ordered, That the duce evidence. An allegation of discrimi­ to commerce. construction permit, call sign, and li­ nation or unfairness shall be accom­ A copy of any such statement should cense application (BLCT-1717) of tele­ panied by a statement describing the also be forwarded to the party filing the vision broadcast Station W FTT, Chan­ discrimination or unfairness with par­ agreement (as indicated hereinafter) nel 43, Bridgeport, Conn., are reinstated. ticularity. If a violation of the Act or and the statement should indicate that 5. It is further ordered, That the ap­ detriment to the commerce of the United this has been done. plication (BLCT-1717) of the Newsvision States is alleged, the statement shall set Notice of agreement filed by: Co. for a license to cover television forth with particularity the acts and cir­ broadcast Station W FTT, Channel 43, cumstances said to constitute such viola­ Baldvin Einarson, Esquire, Kirlin, Campbell Bridgeport, Conn., is designated for oral tion or detriment to commerce. & Keating, 120 Broadway, New York, NY 10005. argument before the Review Board in A copy of any such statement should Washington, D.C., at a time and place to also be forwarded to the party filing the Agreement No. 9950, between Farrell be specified in a subsequent order, upon agreement (as indicated hereinafter) Lines Inc., and Moore-McCormack Lines the following issue: To determine and the statement should indicate that Inc., provides that the parties may meet whether the failure of the Newsvision Co. this has been done. from time to time and discuss mail trans­ to commence operation of Station W F T T Notice of agreement filed by: portation costs, space availability, sailing forover 3 years after receiving a grant of Mr. E. P. Reardon, AustraUa/U.S. Atlantic schelules and related matters and agree program test authority, constitutes a and G u lf Conference, 17'Battery Place, New as to rates, terms and conditions for failure to prosecute within the meaning York, N Y 10004. carriage of U.S. mail in the trade between of § 1.568(b) of the Commission’s rules, U.S. Atlantic and Gulf ports and ports in Agreement No. 9450-5 between the and if so, whether the station’s license South and East Africa. Such matters member lines of the Australia/U.S. application should be dismissed. agreed upon shall be used as a basis for Atlantic and Gulf Conference amends ® • It is further ordered, That to avail discussions with the U.S. Postal Service Article 4 of the basic agreement, as itself of the opportunity to be heard, for the purpose of negotiating rates, amended, to provide for the implementa­ Newsvision Co., in person, or by attorney, terms, and conditions for the carriage tion of the concept of centralization by shall within ten ( 1 0 ) days of the mailing of U.S. mail in the aforesaid trade. of this order, file with the Commission permitting the Conference to adopt rules Dated: May 27, 1971. an original and nineteen <19) copies of authorizing the parties to ( 1 ) “at their a written appearance stating an inten­ own expense receive at one loading port By order of the Federal Maritime Com­ tion to appear on the date fixed for the and transship or transport such cargo by mission. oral argument and present arguments on any means to another loading port,” and Francis C. Hurney, the issue specified and shall have until ( 2 ) “equalize a shippers cost of deliver­ Secretary. ing cargo to loading ports.” May 28,1971, to file briefs or memoranda [P R Doc.71-7716 Piled 6-2-71;8:51 am ] of law. Dated: May 28,1971. Adopted: May 19, 1971. By order of the Federal Maritime Released: May 26, 1971. Commission. Joseph C. Polking, FEDERAL POWER COMMISSION Federal Communications Assistant to the Secretary. [Docket No. G—3732, etc.] Commission,* [seal] Ben F. W aple, [P R Doc.71-7717 Piled 6-2-71;8:51 am ] GETTY OIL CO. ET AL. Secretary, Findings and Order [PR Doc.71-7713 Piled 6-2-71; 8:51 am ] FARRELL LINES, INC., AND MOORE- McCORMACK LINES, INC. M ay 24,1971. Notice of Agreement Filed Findings and order after statutory hearing issuing certificates of public con­ FEDERAL MARITIME COMMISSION Notice is hereby given that the follow­ venience and necessity, amending orders ing agreement has been filed with the AUSTRALIA/U.S. ATLANTIC AND GULF issuing certificates, canceling docket Commission for approval pursuant to number, dismissing applications, permit­ CONFERENCE section 15 of the Shipping Act, 1916, as ting and approving abandonment of serv­ Notice of Agreement Filed amended (39 Stat. 733, 75 Stat. 763, 46 ice, terminating certificates, terminating U.S.C. 814). proceedings, substituting respondents, Notice is hereby given that the foil Interested parties may inspect and making successors co-respondent, redes­ Com^e«ment has been flled with obtain a copy of the agreement at the ignating proceedings, and accepting re­ secri^i L°n* for aPPr°val pursuant Washington office of the Federal Mari­ lated rate schedules and supplements for 010 Shipping Act, 1916 time Commission, 1405 I Street NW., filing. S Cd814)39 Stat* 733, 75 Stat* 763 Room 1202; or may inspect the agree­ Each of the applicants listed herein has ment at the Field Offices located at New filed an application pursuant to section York, N.Y., New Orleans, La., and San 7 of the Natural Gas Act for a certificate abeentniniSSl0nerS Bartley and Robert E. Lee Francisco, Calif. Comments on such of public convenience and necessity au­ agreements, including requests for hear­ thorizing the sale and delivery of natural

No. 107- FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10820 NOTICES gas in interstate commerce or for per­ Minerals’ FPC Gas Rate Schedules Nos. Docket No. RI68-307. Therefore, appli­ mission and approval to abandon service 1 and 7 are in effect subject to refund cant will be made co-respondent in said or a petition to amend an order issuing in Docket No. RI70-679 for sales of proceedings and the proceeding will be a certificate, all as more fully set forth casinghead gas and in Docket No. RI70- redesignated accordingly. in the applications and petitions, as sup­ 1655, respectively. Applicant indicates in The Commission’s staff has reviewed plemented and amended. its certificate applications that it intends each application and recommends each Applicants have filed related FPC gas to assume Southern Minerals’ entire re­ action ordered as consistent with all rate schedules or supplements thereto fund obligations. Therefore, applicant substantive Commission policies and re­ and propose to initiate, abandon, add to will be substituted in lieu of Southern quired by the public convenience and or discontinue in part natural gas service Minerals as respondent in each of the necessity. in interstate commerce as indicated in proceedings pending in Dockets Nos. After due notice by publication in the the tabulation herein. All sales certifi­ RI70-679 and RI70-1655 and said pro­ F ed eral R e g is t e r , petitions to intervene cated herein are at rates either equal ceedings will be redesignated accordingly. and notices of intervention were filed in to or below the ceiling prices established W . M. Gallaway, applicant in Docketthe following dockets: by the Commission’s Statement of Gen­ No. CI71-527, proposes to continue in Docket No. Intervener eral Policy No. 61—1, as amended, or in­ part the sale of natural gas heretofore G-3732______North Shore Gas Co. volve sales for which permanent certifi­ authorized in Docket No. CI64-994 to be Natural Gas Pipeline Com­ cates have been previously issued; ex­ made pursuant to Tenneco Oil Co. (Op­ pany of America. cept that initial sales from areas for' erator) et al., FPC Gas Rate Schedule The Peoples Gas Light and No. 36. The contract comprising said Coke Co. which area rates have been determined Illinois Power Co. are authorized to be made at or below rate schedule will also be accepted for Iowa-Hlinois Gas and Elec­ the applicable area base rates adjusted filing as a rate schedule of applicant. The tric Co. for quality of the gas, and under the present rate under Tenneco’s rate sched­ G -9357---______Natural Gas Pipeline Com­ conditions prescribed in the orders de­ ule is in effect subject to refund in pany of America. termining said rates. Docket No. RI69-465. Therefore, appli­ CI66-1060______The Public Service Com­ Robert L. Adams, applicant in Docket cant will be made a co-respondent in mission of the State of said proceeding and the proceeding will New York. No. CI63-334, proposes to continue the CI70—415______Long Island Lighting Co. sale of nautral gas heretofore authorized be redesignated accordingly. CI70-434______Long Island Lighting Co. In said docket to be made pursuant to Jerome P. McHugh et al., applicants 0170-624______The Public Service Com­ Tenneco Oil Co. (Operator) et al., FPC in Docket No. CI71-606, propose to con­ mission of the State of Gas Rate Schedule No. 18. Said rate tinue in part the sales of natural gas New York. heretofore authorized in Dockets Nos. G - schedule will be redesignated as that of The interveners have either withdrawn 15516 and CI65-534 to be made pursuant Applicant. The present rate under said their objections or support the granting to Occidental Petroleum Corp. FPC Gas rate schedule is in effect subject to re­ of the applications. No other petitions to Rate Schedule No. 1 and Thomas A. Du­ fund in Docket No. RI70-624. Therefore, intervene, notices of intervention or pro­ gan FPC Gas Rate Schedule No. 4. The applicant will be made a co-respondent tests to the granting of the applications in said proceeding and the proceeding contract comprising said rate schedules will also be accepted for filing as a rate have been filed. will be redesignated accordingly. At a hearing held on May 17,1971, the schedule of applicants. The present rate Aztec Oil & Gas Co. (Operator) et al., Commission on its own motion received under Dugan’s rate schedule in effect applicant in Docket No. CI64-783, pro­ and made a part of the record in this subject to refund in Docket No. RI69- poses to continue the sale of natural gas proceeding all evidence, including the 627. Therefore, applicants will be made heretofore authorized in said docket to applications and petitions, as supple­ co-respondents in said proceeding1 with be made pursuant to N.A. Steed (Oper­ mented and amended, and exhibits respect to sales made from the properties ator) et al., FPC Gas Rate Schedule No. thereto, submitted in support of the au­ acquired from Dugan and said proceed­ 1. Said rate schedule will be redesignated thorizations sought herein, and upon ing will be redesignated accordingly. Ap­ as that of applicant. The present rate consideration of the record. plicants indicate in their certificate ap­ under Steed’s rate schedule is in effect The Commission finds: subject to refund in Docket No. RI64- plication that in addition to the refund (1) Each applicant herein is a obligation required by § 154.82(d) (3) of 566. Therefore, applicant will be made “natural-gas company” within the the regulations under the Natural Gas a co-respondent in said proceeding and meaning of the Natural Gas Act as here­ the proceeding will be redesignated Act, they intend to be responsible for the tofore found by the Commission or will accordingly. total refund from the date that the in­ be engaged in the sale of natural gas ui Delcie B. Sanford, applicant in Docket creased rate of their assignor became interstate commerce for resale for ulti­ No. CI65-565, proposes to continue the effective subject to refund. mate public consumption, subject to the sale of natural gas heretofore authorized Houston Oil & Minerals Corp., as ap­ jurisdiction of the Commission, and will, in said docket to be made pursuant to plicant in Docket No. CI71-621, and therefore, be a “natural-gas company John T. Sanford FPC Gas Rate Sched­ Houston Oil & Minerals Corp. (Operator) within the meaning pf the Natural Gas ule No. 1. Said rate schedule will be re­ et al., as applicant in Docket No. CI71- Act upon the commencement of service designated as that of applicant. The 622, proposes to continue in part the under the authorizations hereinafter present rate under said rate schedule is sales of natural gas heretofore author­ granted. . in effect subject to refund in Docket No. ized in Dockets Nos. G-3075 and GM)465, (2) The sales of natural gas herein­ RI68-575. Therefore, applicant will be respectively, to be made pursuant to before described, as more fully described substituted in lieu of John T. Sanford Humble Oil & Refining Co. FPC Gas Rate in the applications in this proceeding* as respondent in said proceeding and the Schedule No. 14 and Humble Oil & Re­ will be made in interstate commerce sub­ proceeding will be redesignated accord­ fining Co. (Operator) et al., FPC Gas ject to the jurisdiction of the Commis­ ingly. Rate Schedule No. 390, respectively. The sion; and such sales by applicants, Sim Oil Co., as applicant in Docket No. contracts comprising said rate schedules together with the construction and op­ CI70-468, and Sun Oil Co. (Operator) will also be designated as rate sched­ eration of any facilities subject to tne et al., as applicant in Docket No. CI63- ules of applicant. The present rate under jurisdiction of the Commission nec 1239, proposes to continue the sales of Humble’s FPC Gas Rate Schedule No. 14, sary therefor, are subject to the reqmr " natural gas heretofore authorized in said is effective subject to refund in Docket ments of subsections (c) and (e> dockets to be made pursuant to Southern No. RI68-474 and the present rate section 7 of the Natural Gas Aet. Minerals Corp. FPC Gas Rate Schedule under Humble’s FPC Gas Rate Schedule (3) Applicants aré able and wimng No. 7 and Southern Minerals Corp. (Op­ No. 390 is effective subject to refund in properly to do the acts and to Per* . erator) et al., FPC Gas Rate Schedule the service proposed and to comoTtra the provisions of the Natural Gas No. 1, respectively. Said rate schedules 1 Jerome P. McHugh is presently a co­ will be redesignated as those of appli­ respondent in Docket No. RI69-627 with and the requirements, rules and regula­ cant. The present rates under Southern respect to sales under another rate schedule. tions of the Commission thereunder.

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 NOTICES 10821

(4) The sales of natural gas by appli­ (Operator) et al., should be made a co­ (C ) The grant of the certificates is­ cants, together with the construction and respondent in the proceeding pending in sued in paragraph (A ) above shall not operation of any facilities subject to the Docket No. RI64-566 and that said pro­ be construed as a waiver of the require­ jurisdiction of the Commission neces­ ceeding should be redesignated accord­ ments of section 7 of the Natural Gas sary therefor, are. required by the public ingly. Act or of Part 154 or Part 157 of the convenience and necessity and certifi­ (15) It is necessary and appropriate Commission’s regulations thereunder and cates therefor should be issued as here­ in carrying out the provisions of the is without prejudice to any findings inafter ordered and conditioned. Natural Gas Act that Delcie B. Sanford or orders which have been or which may (5) It is necessary and appropriate in should be substituted in lieu of John T. hereafter be made by the Commission in carrying out the provisions of the Natu­ Sanford as respondent in the proceeding any proceedings now pending or here­ ral Gas Act that Docket No. CI70-1019 pending in Docket No. RI68-575 and that after instituted by or against applicants. should be canceled and the application said proceeding should be redesignated Further, our action in this proceeding filed therein should be treated as a peti­ accordingly. shall not foreclose nor prejudice any fu­ tion to amend the certificate heretofore (16) It is necessary and appropriate ture proceedings or objections relating issued in Docket No. CI67-184. in carrying out the provisions of the to the operation of any price or related (6) It is necessary and appropriate in Natural Gas Act that Sun Oil Co. (Op­ provisions in the gas purchase contracts carrying out the provisions of the Natu­ erator) et al., should be substituted in herein involved. Nor shall the grant of ral Gas Act and the public convenience lieu of Southern Minerals Corp. (Opera­ the certificates aforesaid for service to and necessity require that the orders tor) et al., as respondent in the proceed­ the particular customers involved imply issuing certificates of public convenience ing pending in Docket No. RI70-679; approval of all of the terms of the con­ and necessity in various dockets involved that Sun Oil Co. should be substituted tracts, particularly as to the cessation herein should be amended as hereinafter in lieu of Southern Minerals Corp. as of service upon termination of said con­ ordered and conditioned. respondent in the proceeding pending tracts as provided by section 7 (b) of the (7) The sales of natural gas proposed in Docket No. RI70—1655; and that said Natural Gas Act. The grant of the cer­ to be abandoned as hereinbefore de­ proceedings should be redesignated tificates aforesaid shall not be construed scribed and as more fully described in accordingly. to preclude the imposition of any sanc­ the applications and in the tabulation (17) It is necessary and appropriate tions pursuant to the provisions of the herein are subject to the requirements of in carrying out the provisions of the Natural Gas Act for the unauthorized subsection (b) of section 7 of the Natu­ ral Gas Act. Natural Gas Act that W. M. Gallaway commencement of any sales of natural should be made a co-respondent in the gas subject to said certificates. (8) It is necessary and appropriate in proceeding pending in Docket No. (D ) The certificates issued herein and carrying out the provisions of the Natu­ RI69-465 and that said proceeding should the amended certificates are subject to ral Gas Act that the abandonments of be redesignated accordingly. the following conditions: service should be permitted and approved (a) The rates for sales authorized in m Dockets Nos. CI64-232, CI67-262, and (18) It is necessary and appropriate Dockets Nos. CI61-1429, CI67-184, CI71- CI68-970; that the temporary certificates in carrying out the provisions of the 366, CI71-386, CI71-387, CI71-462, CI71- heretofore issued in said dockets should Natural Gas Act that Jerome P. McHugh 588, CI71-610, and CI71-628 shall be the be terminated; and that the certificate et al., should be made co-respondents in applicable area base rates prescribed in applications filed in said dockets should the proceeding pending in Docket No. be dismissed. RI69-627 and that said proceeding Opinion No. 468, as modified by Opinion No. 368-A, and Opinion No. 586, which­ (9) The abandonments proposed by should be redesignated accordingly. ever are applicable, as adjusted for applicants herein are permitted by the (19) It is necessary and appropriate, in carrying out the provisions of the quality of gas, or the contract rates, public convenience and necessity and whichever are lower. should be approved as hereinafter Natural Gas Act that Houston Oil & ordered. Minerals Corp. should be made a co­ (b) If the quality of the gas delivered by applicants in Dockets Nos. CI61-1429, (10) it is necessary and appropriate respondent in the proceeding pending in CI67-184, CI71-366, CI71-386, CT71-387, carping out the provisions of ti Docket No. RI68-474; that Houston Oil CI71-462, CI71-588, CI71-610, and CI71- Natural Gas Act that the certificat & Minerals Corp. (Operator) et al., 628 deviates at any time from the quality Heretofore issued to applicants relath should be made a co-respondent in the proceeding pending in Docket No. R I68- standards set forth in Opinion No. 468, abandonments hereinafter pe as modified by Opinion No. 468-A, and and approved should be tern 407 ; and that said proceedings should be Opinion No. 586, whichever are appli­ aated or that the orders issuing said ce redesignated accordingly. cable, so as to require a downward ad­ (20) It is necessary and appropriate t w i 68 should amended by deleth justment of the existing rates, notices of merefrom authorization to sell natur in carrying out the provisions of the changes in rates shall be filed pursuant i i n 111 sufrjecfc acreage, Natural Gas Act that the FPC gas rate to section 4 of the Natural Gas Act: Pro­ u l) it is necessary and appropria schedules and supplements related to vided, however, That adjustments reflect­ w corpus out the provisions of tl the authorizations hereinafter granted ing changes in B.t.u content of the gas should be accepted for filing. mvJira’î-^as that the rate suspensi« shall be computed by the applicable for­ Pending in Docket No. RI7 The Commission orders: mula and charged without the filing of he terminated only wii . (A ) Certificates of public convenience notices of changes in rates. bifr^i . made Pursuant to Hun and necessity are issued upon the terms (c) Within 90 days from the date of & Refining Co. FPC Gas Ra Pedule No. 405. and conditions of this order authorizing initial delivery applicant in Docket No. sales by applicants of natural gas in in­ C171-387 shall file three copies of a rate * necessary and appropriate : terstate commerce for resale, together schedule quality statement in the form S S î P r ', ou» 01 6 Provisions of tl with the construction and operation of prescribed in Opinion No. 586. Drived-i^as Ac^ that the rate suspensic any facilities subject to the jurisdiction (d) Within 90 days from the date of 120° ° ^ Pending in Docket No. R I6! of the Commission necessary therefor, n ^ ^d.be terminated. this order applicant in Docket No. CI71- all as hereinbefore described and as more 462.shall file three copies of a rate sched­ in c a r n i Iiecessary and appropria fully described in the applications and ule quality statement in the form pre­ G a / i K ? ° ut Provisions of the Natur in the tabulation herein. scribed in Opinion No. 586. mari* a Robert L. Adams should 1 (B ) The certificates granted in para­ (e) Within 90 days from the date of PenrHnrr^°~ifsponhent in the proceedir graph (A ) above are not transferable initial delivery applicant in Docket No. S n , g^ OCket No- RI70-624 and th, and shall be effective only so long as ap­ CI61—1429 shall file three copies of a rate accordingiydms should * * redesignate plicants continue the acts or operations schedule quality statement in the form hereby authorized in accordance with prescribed in Opinion No. 468-A. in( carriLîf ne?e^ ary and appropria: the provisions of the Natural Gas Act (f) The authorizations granted in N aturan^ 4116 Provisions of tl and the applicable rules, regulations and al Gas Act that Aztec Oil & Gas C Dockets Nos. CI71-386 and CI71-610 are orders of the Commission. conditioned upon any determination

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10822 NOTICES which may be made in the proceeding cents per Mcf at 15.025 p.s.i.a., subject the certificate applications filed in said pending in Docket No. R-338 with re­ to refund in Docket No. RI71-742, for dockets are dismissed. spect to .the transportation of liquiefiable sales from January 10,1971. (O ) Permission for and approval of hydrocarbons. (p) The rate for the sales authorized the abandonment of service in the follow­ (g) The authorization granted in in Dockets Nos. CI70-415 and CI70-434 ing dockets shall not be construed to Docket No. G-8347 is conditioned to an shall be 17.35 cents per Mcf at 15.025 relieve applicants of any ref mid obliga­ initial rate of 18.1553 cents per Mcf at p.s.i.a, including tax reimbursement. tions in the following proceedings: 14.65 p.s.i.a., subject to B.t.u. adjustment (q) The rate for the sale authorized Abandonment docket : Refund docket as provided by Opinion No. 468, as modi­ in Docket No. CI70-624 shall be 17 cents 0164-232______CI64—232. fied by Opinion No. 468-A, and subject per Mcf at 14.65 p.s.i.a. 0167- 262______0167-262. to prospective modification upon de­ (r) The rate for the sale authorized 0168- 970______RI70—1184. termination of just and reasonable rates in Docket No. CI71-581 shall be 22 cents CI71—529______— _ RI70—1184. per Mcf at 14.65 p.s.i.a. CI71—587______RI65-599. in the proceeding pending in Docket No. CI71—601______CI60—237. AR70-1. Within 90 days from the date of (E ) The orders issuing certificates in CI71—614______CI65—346. initial delivery applicant shall file three Dockets Nos. G-3732, G-9357 and G - 0171-625______RI64-317 and CI60-8. copies of a rate schedule quality state­ 11818 are amended to provide for the ment in the form prescribed in Opinion sales of increased volumes of gas. (P ) The certificate heretofore issued No. 468-A. (F ) The orders issuing certificates in in Docket No. CI63-431 is eterminated (h) The rate for the sale authorized in Dockets Nos. G-8347, CI61-1307, CI61- only with respect to sales made pursuant Docket No. CT71-542 shall be 17.58 cents 1429, CI63-886, CI66-1060, and CI67-184 to Freddie Morgan Meld, Administratrix per Mcf at 14.65 p.s.i.a., subject to B.t.u. are amended by adding thereto or de­ (Operator) et al., FPC Gas Rate Sched­ adjustment as provided by Opinion No. leting therefrom authorization to sell ule No. 1. 468, as modified by Opinion No. 468-A, natural gas as described in the tabulation (Q ) The certificates heretofore issued and subject to prospective modification herein. in Docket Nos. G —7201, G —19012, CI60-8, upon determination of just and reason­ (G ) The orders issuing certificates in CI60-237, CI61-514, CI62-465, CI65-346 able rates in the proceeding in Docket Dockets Nos. CI63-334, CI63-1239, CI64- and CI70-235 are terminated. No. AR70-1. 783, CI65-565, CI66-423, CI67-1850, and (R ) The rate proceeding pending in (i) The rates for the sale authorized CI70-468 are amended to reflect the suc­ Docket No. RI71-700 is terminated only in Docket No. CI71-605 shall be 22 cents cessors in interest as certificate holders with respect to sales made pursuant to per Mcf at 14.65'p.s.i.a (gas-well gas) as described in the tabulation herein. Humble Oil & Refining Co. FPC Gas Rate and 16 cents per Mcf at 14.65 ps.i.a. (H ) The orders issuing certificates in Schedule No. 405. (casinghead gas), subject to B.t.u. ad­ the following dockets are amended to (S ) The rate proceeding pending in justment as provided by Opinion No. 468, reflect the deletion of acreage where new Docket No. RI65-128 is terminated. as modified by Opinion No. 468—A, and certificates are issued herein or existing (T) Robert L. Adams is made a co­ subject to prospective modification upon certificates are amended herein to au­ respondent in the proceeding pending in determination of just and reasonable thorize service from the subject acreage: Docket No. RI70-624 and said proceeding rates in the proceeding pending in New certificate is redesignated accordingly. Robert L. Docket No. AR70-1. Amend to and/or amendment Adams shall comply with the refunding (j) The rate for the sale authorized in delete acreage to add acreage procedure required by the Natural Gas Docket No. CI71-649 shall be 19 cents G-3075 ______0 1 7 1 -6 2 1 Act and § 154.102 of the regulations per Mcf at 14.65 p.s.i.a., subject to B.t.u. G —9465 ______0171-622 adjustment as provided by Opinion No. G-13416 ______C171—462 thereunder. 468, as modified by Opinion No. 468-A, G - 15404 ______0166-1060 (U ) Aztec Oil & Gas Co. (Operator) and subject to prospective modification G —15516 _____ . . . . . 0171—606 et al., is made a co-respondent in the upon determination of just and reason­ CI61-1553 ______0167-184 proceeding pending in Docket No. R i°4“ able rates in the proceeding pending in CI61-1557 ______0167-184 566 and said proceeding is redesignated CI61-1693 ______0167-184 Docket No. AR70-1. accordingly. Aztec shall comply with tne CI64—994 ______GI71-527 refunding -procedure required by tne (k) The rate for the sale authorized in CI65—534 ______- 0171-606 Docket No. G-3732 shall be 16.73 cents 0167-48 ______CI71-366 Natural Gas Act and § 154.102 of the per Mcf at 14.65 p.s.i.a„ subject to re­ CI67-1693 ______CI71—588 regulations thereunder. fund in Docket No. RI70-1454. CI70-520 ______0171-610 (V ) Delcie B. Sanford is substituted ( l ) The rate for the sale authorized (I) The order issuing certificate in In lieu of John T . Sanford as respondent in Docket No. G-9357 shall be 16.7338 Docket No. CI62-872 is amended to reflect in the proceeding pending in Docket no. cents per Mcf at 14.65 p.s.i.a., subject to ■the change in operator as described in RI68-575 and said proceeding is redesig­ refund in Docket No. RI70-590, for in­ the tabulation herein. nated accordingly. She shall comply creased volumes resulting from the re­ the refunding procedure required by tne (J) The order issuing certificate in duction in cycling; and 16 cents per Mcf Natural Gas Act and § 154.102 of the Docket No. CI67-248 is amended by au­ at 14.65 p.s.i.a. for increased volumes regulations thereunder. resulting from applicant’s part in the thorizing the gathering and compression of gas for Bodcaw Co. as described in (W ) Sun Oil Co. (Operator) efrak" 12,000 Mcf per day previously sold in substituted in lieu of Southern Minerals the tabulation herein. the intrastate market. Corp. (Operator) et al., as re^ondent (m) The rate for the sale authorized (K ) The temporary certificate hereto­ the proceeding pending m DOCX&tJ*- in Docket No. G-11818 shall be 16.72945 fore issued in Docket. No. CI70-655 is RI70-679; Sun Oil Co. is substituted m cents per Mcf at 14.65 p.s.i.a., subject amended to include the interests of addi­ lieir of Southern Minerals Corp. as re to refund in Docket No. RI69-300. tional parties as described in the tabula­ spondent in the proceeding pending m (n) In Dockets Nos. G-3732, G-9357, tion herein. Docket No. RI70-1655; and said proceed and G-11818 the provision contained in (L ) Docket No. CI70-1019 is canceled. ings are redesignated ae?or j?1® Article X IV of the contract amendment (M ) Permission for and approval of shall comply with the refunding P providing for rate increases to a higher the abandonments of service by appli­ dure required by the Natural Gas Act area ceiling rate will only be applicable cants, as hereinbefore described, all as upon Commission approval of just and more fully described in the applications >r# reasonable rates in an applicable area and in the tabulation herein are granted. :) W . M. Gallaway is made,.® rate proceeding. indent in the proceeding pending^ (N ) Permission for and approval of (o) Applicant in Docket No. C I66- :et No. RI69-465 and said proce^ the abandonments in Dockets Nos. CI64- 1060 shall charge and collect the rate is redesigntaed accordingly. - of 18.5 cents per Mcf at 15.025 p.s.i.a. 232, CI67-262 and CI68-970 are granted; the temporary certificates heretofore is­ away shall comply with the refun for sales from September 1,1970, through procedure required by the Na January 9, 1971, and the rate of 21.75 sued in said dockets are terminated; and

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 G a s A ct and § 154.102 of the regulations ceeding pending in Docket No. RI68-307; F P C gas rate schedule thereunder. and said proceedings are redesignated Docket No. and Applicant Purchaser and location (Y ) Jerome P. McHugh et al., are date filed Description and date No. Supp. accordingly. Houston shall comply with of document made co-respondents in the proceeding the refunding procedure required by the pending in Docket No. RI69-627 and said Natural Gas Act and § 154.102 of the CI64-232...... Exchange Oil & Gas Texas Gas Transmission Notice of cancellation 1 5 proceeding is redesignated accordingly. B 1-19-7112 Corp. Corp..18 Perry Field, 1-19-71.818 regulations thereunder. Vermilion Parish, La. They shall comply with the refunding (A A ) The rate schedules and rate CI64-783...... Aztec Oil & Gas Co. El Paso Natural Gas Co., N. A. Steed (Operator) el al., 35...... procedure required by the Natural Gas E 2-10-71 (Operator) et al. Mesa Verde Field, San FPC GRSNo.l. schedule supplements related to the (successor to N. A. Juan County, N. Mex. Supplement Nos. 1-6...... 35 1-6 Act and § 154.102 of the regulations Steed (Operator) Notice of succession 2-8-71...... authorizations granted herein are ac­ etal.)< Assignment 1-10-7114 ...... 35 7 thereunder. cepted for filing or are redesignated, all Assignment 1-10-7118 ...... 35 8 (Z ) Houston Oil & Minerals Corp. is Effective date: 1-10-71...... as described in the tabulation herein. CI65-565.....___ Delcie B. Sanford Cities Service Gas Co., John T. Sanford, FPC 1 ...... made a co-respondent in the proceeding E 12-14-70 (successor to South Hominy Field, GRS No. 1. By the Commission. John T. Sanford). Osage County, Okla. Supplement No. 1...... 1 1 pending in Docket No. RI68-474; Hous­ Notice of succession ...... 12-10-70.1« [ s e a l ] K e n n e t h P . P l u m b , ton Oil & Minerals Corp. (Operator) et Effective date: 10-8-7012...... al., is made a co-respondent in the pro­ Acting Secretary. CI06-423...... Elliott A. Riggs El Paso Natural Gas Co., Texota Oil Co., FPC GRS 2 ...... E 3-5-71 (successor to North Aztec Fruitland Field, No. 1. American Resources San Juan County, Supplement No. 1_____ 2 1 FPC gas rate schedule Corp.18). N. Mex. Notice of succession 2-26-71...... Docket No. and Applicant Purchaser and location Assignment 3-25-7018___ 2 2 date filed Description and date No; Supp; Effective date: 12-1-69...... of document CI66-1060 River Corp...... Southern Natural Gas Assignment 10-26-7028_____ 5 7 (G-15404) Co., Coquille Bay Effective date: 9-1-70...... ______C&F 1-11-71 Field, Plaquemines G-3732... Getty Oil Co...... Natural Gas Pipeline Co. Amendment 7-13-702 8...... 6 13 Parish, La. 2-25-71 » of America, La Gloria CI67-18421...... Big Chief Drilling Co. Oklahoma Natural Gas Letter agreement 9-18-70.22.. 14 8 Field, Jim Wells, and (CI70-1019) Gathering Corp., Ring- Assignment 12-6-69.28______14 9 Brooks Counties, Tex. (CI61-1653) wood Field, Major Assignment 12-29-69.21. ____ 14 10 G-8347...... Humble Oil & Re­ El Paso Natural Gas Co., Supplement agreement 260 14 (CI61-1557) County, Okla. Assignment 2-27-70.28______14 11 C 11-2-70 i fining Co. (Oper­ Snyder Plant, Scurry 10-12-70.4 ‘ (CI01-1693) Assignment 8-7-70.28...... 14 12 ator) et al. County, Tex. C&F 5-13-70 Assignment 8-31-70.2?...... 14 13 Assignment 9-3-70.28______14 14 G-9357...... Monsanto Co. et al___ Natual Gas Pipeline Co. Amendment 7-13-7028...... 64 14 NOTICES 2-26-7U of America, La Gloria Notice of partial succession 14 Ex- Field, Jim Wells and (undated).8 28 hibitA Brooks Counties, Tex. CI07-248...... Beacon Gasoline Co__Bodeaw Co., acreage in Contract 10-20-69...... 17 ...... G-11818___ Marathon Oil Co...... d o ...... Amendment 7-13-7028...... 13 11 11-12-6980 Webster Parish, La. Gathering agreement 17 1 12-21-70 1 10-22-69. CI61-1307— Amoco Production El Paso Natual Gas Co., Amendatory agreement 302 8 Transcript agreement 17 2 C 2-2-71 Co. Huerfano Gallup Field, 11-23-70.» 10-22-69. San Juan County, Letter agreement 10-22-69... 17 3 N. Mex. CI67-26281...... Humble Oil & Michigan Wisconsin Pipe Notice of cancellation 82 405 5 CI61-1429. Texas Pacific Oil El Paso Natural Gas Supplemental agreement 1 5 30 B 3-8-7112 Refining Co. Line Co., Savoy Field, 3-4-71.318 C 3-1-71 Co., Inc. Co,, Langlie Matrix 1-11-71.» St. Landry Parish, La. Field, Lea County, CI67-1850...... Read & Stevens, Inc. Transwestem Pipeline Charles B. Read (Operator) 1 ...... N. Mex. E 2-4-71 (Operator), et al. Co., Atoka (Pennsyl­ et al., FPC GRS No. 2. CI62-872...... Mallard Exploration, Transwestem Pipeline Mallard Petroleum, Inc. 1 .. successor to Charles vanian) Field, Eddy Supplemental Nos. 1-7...... 1 1-7 E 12-17-70 Inc. (Operator), et Co., Atoka Field, Eddy (Operator) et al., FPC B. Read (Operator) County, N. Mex. Notice of succession 1-20-71- ...... as amended al. (successor to County, N. Mex. GRS No. 2. et al.). Assignment 12-31-7088____ , 1 8 1-22-71 8 Mallard Petroleum. Supplement Nos. 1-4...... 1 1-4 Effective date: 1-1-71... ;..;...... Inc. (Operator) Notice of succession 12-15- . CI68-970...... Forest Oil Corp. United Gas Pipe Line Notice of cancellation 41 3 et al.). 70. B 1-11-7112 (Operator) et al. Co., West Dallas Husky 1-11-71.» l°. Letter agreement 2-9-70.7__ 1 5 Field, Bee andGoliald Effective date: 3-1-70.8___ ... Counties, Tex. CI63-334... Robert L. Adams South Texas Natural Gas Tenneco Oil Co. (Opera­ 1 .. CI70-415-—...... Bodeaw Co Texas Gas Transmission Contract 10-21-69...... — 6 ...... E 7-13-70 (successor to Ten- Gathering Co., Yeary tor) et al., FPC GRS A 10-27-69 Corp., Walker Creek Letter 10-21-69...... r 6 1 neco Oil Co. Field, Kleberg County, No. 18. Field, Lafayette and Compliance 2-4-7084...... 6 2 (Operator) et al.). Tex. Supplements Nos. 1-2...... 1 1-2 Columbia Counties, Notice of succession Ark. (Undated). CI70-434...... do...... Texas Gas Transmission Contract 10-21-69...... 7 ...... Assignment “...... - ...... 1 3 A 10-30-69 Corp., Welcome Field, Letter 10-21-69...... 1 7 1 Effective date: 12-1-69...... Columbia County, Compliance 2-4-70 34_...... - 7 2 CI63-886... General American Transcontinental Gas Notice of partial concella- 61 8 Ark. D 3-5-71 Oil Co. of Texas Pipe Line Corp., South­ tion 3-1-71.818 CI70-468-...... Sun Oil Co. (succes- Tennessee Gas Pipeline Southern Minerals Corp., 489 ...... (Operator) et al. east Rayne Field, E 1-8-71 sor to Southern Co., a division of Ten- FPC GRS No. 7. Lafayette Parish, La. Minerals Corp.); neco Inc., Zim Field, Supplemental Nos. 1-2...... 489 1-2 CI63-1239. Sun Oil Co., (Opera­ Northern Natural Gas Southern Minerals Corp. 487 .. Zapata County, Tex. Notice of succession 1-6-71-...... E 1-8-71 tor) et al., (successor Co., North Puckett (Operator) et al., FPC Conveyance 10-1-70 489 3 ta Southern Miner­ Ellenburger Field, G R SN o .l. Effective date: 11-1-70...... als Corp. (Operator) Pecos County, Tex. Supplement Nos. 1-4...... 487 1-4 CI70-624...... Anadarko Production Texas Eastern Trans­ Contract 12-16-69...... 150 ...... etal.). Notice of succession 1-6-11 it 1-9-70...... Co. mission Corp., Skull Compliance 5-13-708S...... , 150 1 Assignment 10-1-70 11______487 5 Creek Field, Colorado Effective date: 11-1-70...... County, Tex. 10823

FEDERAL REGISTER, VOL. 36, 107— THURSDAY, JUNE 3, 1971 10824 10824

FPC gas rate schedule FPC gas rate schedule Docket No. and Applicant Purchaser and location Docket No. and Applicant Purchaser and location date filed Description and date No. Supp. date filed Description and date No. Supp. of document of document

CI70-655___ Ada Land Co. Southern Natural Gas Ratified 1-28-70« ...... 1 1 CI71-619...... Cities Service Oil Co. . United Fuel Gas Co., Contract 12-9-70 »...... 342 ... 1-27-71 * (Operator) et al. Co., Kokomo Field, Ratified 3-9-70»...... 1 2 A 3-1-71 Ravenswood District, Walthall County, Miss. Ratified 3-12-70 **_L ...... 1 3 Jackson Coimty, W. CI71-360.... R. T. Goldbert (Op- Natural Gas Pipeline Co. Contract 3-1-6640______1 ______Va. (CI67-48) erator) et al. (sue- of America, acreage in Assignment 5-28-6944______1 1 CI71-621...... Houston Oil & Texas Eastern Transmis- Contract 10-1-63 ««...... 13 ... F 10-26-70 cessor to Texas Ochiltree County, Tex. Assignment 6-5-6942______1 2 (G-3075) Minerals Corp. sion Corp., West Letter agreement 2-5-54____ 13 1 OU & Gas Corp.) Assignment 6-9-6948______1 3 F 2-26-71 (successor to George West Field, Letter agreement 3-26-54.... 13 2 Assignment 9-20-6944______1 4 Humble Oil & Live Oak County, Tex. Letter agreement 8-5-54___ _ 13 3 CI71-886___ Tenneco Oil Co. 4*.__ Cities Service Gas Co., Contract 10-23-70...... 266 ...... Refining Co.). Letter agreement 1-8-57____ 13 4 A 11-3-70 Earles Unit, Hinton Letter agreement 1-21-57___ 13 5 Area, Canadian County, Letter agreement 7-15-57___ 13 6 Okla. Letter agreement 12-23-57... 13 7 CI71-387.... Amoco Production Co. Northern Natural Gas Contract 9-22-70 «...... 565 ... Letter agreement 12-27-61__ 13 8 All-5-70 Co., Kane Field, Sew­ Letter agreement 11-20-62__ 13 9 ard County, Kans. Letter agreement 7-1-63____ 13 10 C171-462___ Suerte Oil Co. et al. Northern Natural Gas Contract 8-28-574«...... 6 ... Letter agreement 4-17-64----- 13 11 (G-13416) (successor to Skelly Co., acreage in Meade Contract 7-15-67 _...... 6 1 Assignment 11-28-6984______13 12 F 12-4-70 Oil Co.) County, Kans. Agreement 12-9-70...... 6 2 Effective date 11-1-69...... Assignment 7-8-7047_____ 6 3 (G-3075)...... Humble Oil

FEDERAL REGISTER, VO L. 3 6 , N O . 107----THURSDAY, JUNE 3, 1971 NOTICES 10825

8 Conveys interest from LVO Corp. (formerly Livingston Oil Co.) to applicant (previously dedicated under LV O ’s monopolize the business of banking in Farmvevs^toterest from The Superior Oil Co. to applicant (previously undedicated acreage^ any part of the United States, or u conveys interest from Soldo Petroleum Co. to applicant (previously undedicated acreage); (2) Any other proposed acquisition or m Conveys interest from LVO Corp. to applicant (includes certain acreage previously dedicated under LVO s l PC merger or consolidation under section 3 (IRS Nos 1 4 , and 6, plus certain previously undedicated acreage). 27 conveys interest from Sun Oil Co. to applicant (previously undedicated acreage); whose effect in any section of the country a Conveys interest from Sun Oil Co. to applicant (previously undedicated acreage); , a Includes letter agreement dated Aug. 5,1969, between LVO Corp. and Sun Oil Co. and assignment dated Dec. 1, may be substantially to lessen competi­ infii) conveying interest from LVO Corp. to Sun Oil Co. and Big Chief Drilling Go. tion, or to tend to create a monopoly, or jo AnDlicant requests authorization to gather and compress the subject gas. Applicant wiU gather the gas, process «nd comoress th e W in its Webster Parish Plant and defiver such gas to Texas Gas Transmission Corp. under FPC which in any other manner would be in gas rate schedules of Bodcaw Co. Bodcaw’s sales to Texas Gas Transmission Corp. are authorized in Dockets Nos. restraint of trade, unless the Board finds that the anticompetitive effects of the CM^DUcattonIenone<)usly noticed Mar. 29,1971 in Docket No. G-2584 et al., as a partial abandpiment. *2 Rate of 23 739 cents per Mcf was made effective Jan. 10,1970 subject to refundin Docket No. BI71-100. No monies proposed transaction are clearly out­ were ever collected thereunder, therefore, the rate suspension proceeding pending in Docket No. RI71-100 will be termi- weighed in the public interest by the natedinsofar as it pertains to applicant’s FPC GRS No. 405. . . . , 8 From Charles B. Read (Operator) et al., to Read & Stevens, Inc. (Operator), et al. probable effect of the transaction in m Complies with temporary certificate issued Jan. 28, 1970. Applicant states willingness to accept a permanent meeting the convenience and needs of the certificate conditioned to an initial rate of 17.35 cents per Mcf. __ 3j complies with temporary certificate issued Apr. 27, 1970. Applicant states its willingness to accept permanent community to be served. certificate at a rate of 17 cents per Mcf. Section 3(c) further provides that, in M Amendment to application filed to cover interest of co-owners. r Between Miss-Tex Oil Producers and Southern Natural ratifying basic contract. every case, the Board shall take into con­ 89 Between Central Oil Co. and Southern Natural ratifying basic contract, sideration the financial and managerial it Between Xing Resources Co. and Southern Natural ratifying basic contract. » On file as Texas Oil & Gas Corp. FPC GRS No. 48. resources and future prospects of the (i Conveys interest from Texas Oil & Gas Corp. to Jack L. Waldrep. company or companies and the banks 42 Conveys interest from Jack L. Waldrep to R. T. Goldberg and H. F. Smitn.' o conveys interest from R. T. Goldberg and H. F. Smith to Robert Metzger. concerned, and the convenience and « Conveys interest from J. Robert Metzger to R. T. Goldberg and H. F . Smith. o . , needs of the community to be served. « By letter filed Feb. 26,1971, applicant advised willingness to accept permanent certificate at a rate of 20 cents per Mcf and conditioned to R-338. Not later than thirty (30) days after 48 On file as Skelly Oil Co. F PC GRS No. 119. the publication of this notice in the F ed ­ o From Skelly Oü Co. to applicant. _ , m . ® Between The Bay Petroleum Corp., a subsidiary of Tennessee Gas Transmission Co. (now Tenneco Oil Co.), er al R e g ist e r , comments and views re­ and El Paso Natural Gas Co.; on file as Tenneco Oil Co. (Operator) et al., FPC GRS No. 36; garding the proposed acquisition may be « From Tenneco Oil Co. and Big Chief Drilling Co. to W. M. Gallaway. » Rate of 17.8668 cents per Mcf in effect subject to refund in Docket No. RI70-1184. filed with the Board. Communications n Applicant has agreed to accept certificate conditioned to 22 cents per Mcf at 14.65 p.s.l.a; should be addressed to the Secretary, 8 Rate of 12 cents per Mcf in effect subject to refund in Docket No. RI65-599. « From Union Texas Petroleum, a division of Allied Chemical Corp. to applicant. . . Board of Governors of the Federal Re­ M other sales covered under the certificate in Docket No* 0163—431) thereforei the certificate in said docket will be serve System, Washington, D.C. 20551. terminated only with respect to applicant’s FPC GRS No. 1. m n n n o « , 8i On file as Occidental Petroleum Corp. FPC GRS No. 1 and Thomas A. Dugan FPC GRS No. 4; The application may be inspected at the * Changes buyer to El Paso Natural Gas Co. , . . _ _ office of the Board of Governors or the 8 From Dugan to Nassau Resources, Inc. Also includes acreage that Occidental assigned to Dugan, but Dugan Federal Reserve Bank of New York. never sought certificate authorization covering subject acreage. •> From Nassau Resources, Inc., to Jerome P. McHugh et al. 8* On file as Nichols Drilling Co. et al., FPC GRS No. 1. By order of the Board of Governors, •° Conveys interest from Nichols to applicant (Stranathan Unit). May 25,1971. 11 Conveys interest from Nichols to applicant (Hickle Unit). •2 Conveys interest from Adamana to applicant (Christensen Unit). . - . _ „ , [ s e a l ] K e n n e t h A. K e n y o n , 13 Between Humble Oil & Refining Co. and Texas Eastern Transmission Corp. On file as Humble Oil & Refining Deputy Secretary. * Assigns acreage from Humble Oil & Refining Co. to Houston Oil & Minerals Corp. to a depth 100’ below 7,600’ [FR Doc.71-7655 Filed 6-2-71;8:46 am ] Wilcox Sand. M No certificate filing made or necessary; rate filing submitted. •• Assigns acreage from Humble Oil & Refining Co. (FPC GRS No. 14) to H o lton Oil & Minerals Corp. •7 Between R. O. Magnum et al., and Texas Eastern Transmission Corp. On file as Humble Oil

M a y 28,1971. national g a s s u r v e y e x e c u t iv e Cases assigned for hearing, postpone­ ADVISORY COMMITTEE FEDERAL RESERVE SYSTEM ment, cancellation, or oral argument HEARTLAND, CENTRAL N.Y. CORP. appear below and will be published only Order Designating Member once. This list contains prospective as­ Notice of Application for Approval of signments only and does not include oases M ay 26,1971. Acquisition of Shares of Banks previously assigned hearing dates. The The Federal Power Commission by or­ Notice is hereby given that applica­ hearings will be on the issues as presently ders issued April 6 , 1971, established an tion has been made, pursuant to section reflected in the Official Docket of the Commission. An attempt will be made to Executive Advisory Committee of the 3(a)(1) of the Bank Holding Company Act of 1956 (12 U.S.C. 1842(a)(1)), by publish notices of cancellation of hear­ National Gas Survey. Heartland, Central N.Y. Corp., Albany, ings as promptly as possible, but inter­ 1. Membership. Mr. Denis B. Kemball- N.Y., for prior approval by the Board of ested parties should take appropriate steps to insure that they are notified of Cook, by letter dated May 7, 1971, re­ Governors of action whereby applicant would become a bank holding company cancellation or postponements of hear­ signed his membership in the Executive through the acquisition of 100 percent of ings in which they are interested. Advisory Committee. A new member to the voting shares (less directors’ qualify­ MC-129307 Sub 41, McKee Lines, Inc., as­ ing shares) of the successor by merger to signed June 7, 1971, at Kansas Clity, Mo., the Executive Advisory Committee, as National Commercial Bank and Trust canceled and application dismissed. selected by the Chairman of the Com­ MC-C-7287 et al., Aaacon Auto Transport, Co., Albany, N.Y., and 100 percent of the Inc.— Investigation & Revocation of Cer­ mission with the approval of the Com­ voting shares of First Trust & Deposit tificate, Assigned July 12, New York, trans­ mission, is as follows : Company, Syracuse, N.Y. ferred to Room C-2200-2204, 26 Federal Section 3(c) of the Act provides that Plaza, instead of Room 2705. Harry Bridges, President, Shell Oil Co. the Board shall not approve: MC 14321 Sub 7, Engel Brothers, Inc., as­ signed June 7, 1971, at New York, N.Y., will By the Commission. (1) Any acquisition or merger or con­ be held at the Barbizon Plaza Hotel, 106 solidation under section 3 which would Central Park, South instead of Room 2705, [ seal] K e n n e t h F. P l u m b , result in a monopoly, or which would be New Federal Building, 26 Federal Plaza. Acting Secretary. I & S No. 8625, Passenger Fares Between in furtherance of any combination or Pennsylvania and Delaware, assigned [FR Doc.71-7718 Filed 6-2-71;8:51 am] conspiracy to monopolize or to attempt to June 7, 1971, at Philadelphia, Pa., canceled.

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10826 NOTICES

MC—F—10960, Briggs Transportation Co.— turn over the same route, for operating common carrier, by motor vehicle, of pas­ Purchase (Portion) — Ringsby Truck T-iruw?, convenience only. The notice indicates Inc., assigned July 19, 1971, ait Denver, sengers and their baggage, and express Colo., in Boom 571, Federal Building and that the carrier is presently authorized and newspapers in the same vehicle with Courthouse. to transport passengers and the same passengers, over a deviation route as fol­ MC 52709 Sub 313, Ringsby Truck Lines, Inc., property, over a pertinent service route lows: From Salisbury, Md., over U.S. assigned July 19, 1971, ait Denver, Colo., as follows: From Andalusia, Ala., over Highway 13 to junction Delaware High­ in Room 571, Federal Building and U.S. Highway 29 (formerly Alabama way 28, thence over Delaware Highway Courthouse. Highway 9) to Brantley, Ala., thence 28 to Georgetown, Del., and return over MC-51146 Sub 184, Schneider Transport & over U.S. Highway 331 (formerly Ala­ the same route, for operating conven­ Storage, Inc., assigned July 22, 1971, Chi­ bama Highway 9) to Montgomery, Ala., ience only. The notice indicates that the cago, postponed indefinitely. MC 113495 Sub 47, Gregory Heavy Haulers, thence over U.S. Highway 80 (portion carrier is presently authorized to trans­ Inc., assigned July 7, 1971, for continued formerly unnumbered highway) via port passengers and the same property, hearing, at Washington, D.C., at the Of­ Selma and Demopolis, Ala., to junction over pertinent service routes as follows: fices of the Interstate Commerce Commis­ Alabama Highway 28 (formerly U.S. (1) From Baltimore, Md., over Maryland sion. Highway 80), thence over Alabama Highway 2 to Annapolis, Md., thence over MC-F-10840, Western Transportation Co.- Highway 28 to Livingston, Ala., thence combined U.S. Highways 50 and 301 to Purchase— Norman MoCrimmon, assigned over U.S. Highway 11 (formerly U.S. Queenstown, Md., thence over UJ5. June 22, 1971, for continued hearing, at Highway 80) to junction U.S. Highway Highway 50 via Easton, Cambridge, and Washington, D.C., at the Offices of the Salisbury, Md., to Ocean City, Md.; (2) Interstate Commerce Commission. 80, thence over U.S. Highway 80 to ¡MC 113495 Sub 47, Gregory Heavy Haulers, Meridian, Miss, (also from Montgomery, from Pocomoke City, Md., over U.S. High­ Inc., assigned July 7, 1971, for continued Ala., over U.S. Highway 31 to junction way 113 to Dover, Del.; and (3) from hearing, at Washington, D.C., at the O f­ Alabama Highway 14, thence over Ala­ Norfolk, Va., over U.S. Highway 13 via fices of the Interstate Commerce Com­ bama Highway 14 via Prattville, Ala., Bayview, Va., and Salisbury, Md., to mission. to Selma), and return over the same Philadelphia, Pa., and return over the MC 130130, Couzens Warehouse & Distribu­ route. same routes. tors, Inc., assigned June 1, 1971, at Chi­ cago, HI., canceled and reassigned July 12, No. MC-46879 (Deviation No. 1), By the Commission. WALTERS TRANSIT CORP., 525 11th 1971, ait Chicago, HI., in Boom 1086A, [ s e a l ] R obert L . O sw ald, Everett McKinley Dirksen Building, 219 Avenue, New York, N Y 10018, filed May Secretary. South Dearborn Street. 14, 1971. Carrier proposes to operate as a common carrier, by motor vehicle, of [FR Doc.71-7702 Filed 6-2-71; 8:50 am] [ s e a l ] R obert L . O s w a l d , passengers and their baggage in the same Secretary. vehicle with passengers, over a deviation [Notice 18] [FR Doc.71-7729 Filed 6-2-71;8:52 am] route as follows: From White Plains, N.Y., over Interstate Highway 287 to MOTOR CARRIER ALTERNATE ROUTE [Notice 13] junction Interstate Highway 684, thence DEVIATION NOTICES over Interstate Highway 684 to junction M ay 28,1971. MOTOR CARRIER ALTERNATE ROUTE U.S. Highway 202, northeast of Brewster, DEVIATION NOTICES N.Y., with the following access routes: The following letter-notices of pro­ (1) From junction Interstate Highway posals to operate over deviation routes M a y 28,1971. 684 and New York Highway 35, near K a- for operating convenience only have The following letter-notices of pro­ tonah, N.Y., over New York Highway 35 been filed with the Interstate Com­ posals to operate over deviation rules for to junction U.S. Highway 202-New York merce Commission under the Commis­ operating convenience only have been Highway 118 near Yorktown Heights, sion’s Revised Deviation Rules—Motor filed with the Interstate Commerce Com­ N.Y.; and (2) from junction Interstate Carriers of Property, 1969 (49 CFR mission under the Commission’s Revised Highways 84 and 684, east of Brewster, 1042.4(d) (11)) and notice thereof to all Deviation Rules— Motor Carriers of Pas­ N.Y., over Interstate Highway 84 to junc­ interested persons is hereby given as sengers, 1969 (49 CPR 1042.2(c) (9)) and tion U.S. Highway 202, and return over provided in such rules (49 CFR 1042.4 notice thereof to all intersted persons is the same routes, for operating conven­ (d)(11)). hereby given as provided in such rules ience only. The notice indicates that the Protests against the use of any pro­ (49 CFR 1042.2(c)(9)). carrier is presently authorized to trans­ posed deviation route herein described Protests against the use of any pro­ port passengers and the same property, may be filed with the Interstate Com­ posed deviation route herein described over pertinent service routes as follows: merce Commission in the manner and may be filed with the Interstate Com­ • (1) From New York, N.Y., over New York form provided in such rules (49 CFR merce Commission in the manner and Highway 100 to junction New York 1042.4(d) (12)) at any time, but will not operate to stay commencement of the form provided in such rules (49 CFR Highway 100A, thence over New York proposed operations unless filed within 1042.2(c) (9)) at any time, but will not Highway 100A to junction New York 30 days from the date of publication. operate to stay commencement of the Highway 100, thence over New York proposed operations unless filed within Highway 100 to Croton Falls, N.Y., thence Successively filed letter-notices of the 30 days from the date of publication. over New York Highway 22 to junction same carrier under the Commission s Revised Deviation Rules— Motor Car­ Successively filed letter-notices of the unnumbered highway near Bog Brook riers of Property, 1969, will be numbered same carrier under the Commission’s Reservoir, thence over unnumbered high­ consecutively for convenience in iden­ Revised Deviation Rules— Motor Carriers way to the New York-Connecticut State tification and protests, if any, should of Property, 1969, will be numbered con­ line; (2) from junction New York High­ ways 100 and 100A over New York High­ refer to such letter-notices by number. secutively for convenience in identifica­ way 100 to White Plains, N.Y., thence tion and protests, if any, should refer to M otor Carriers of P roperty such letter-notices by number. over New York Highway 119 to junction New York Highway 100A; and (3) from No. MC-52953 (Deviation No. 15). ET M otor C arriers o f P assengers Croton Lake, N.Y., over New York High­ fc W NC TRANSPORTATION COM­ No. MC-2908 (Deviation No. 3), way 118 to junction U.S. Highway 6, PANY, 132 Legion Street, Johnson City, CAPITAL MOTOR LINES, 520 North thence over U.S. Highway 6 to junction IN 37601, filed May 18, 1971. Carrier Court Street, Montgomery, A L 36104, New York Highway 22 near Brewster, proposes to operate as a common ear­ filed May 19, 1971. Carrier proposes to N.Y., and return over the same routes. ner, by motor vehicle, of general cow- operate as a common carrier, by motor No. MC-13300 (Deviation No. 20), nodities, with certain exceptions, over vehicle, of passengers and their baggage, CAROLINA COACH COMPANY, 1201 Jeviation route as follows: From Green- and express and newspapers in the same South Blount Street, Raleigh, NC 27602, alle, S.C., over interstate Highway vehicle with passengers, over a devia­ filed May 19, 1971. Carrier’s representa­ ;o junction Interstate Highway 285 ne tion route as follows: From Meridian, tive: Lawrence E. Lindeman, 1032 Penn­ Atlanta, Ga., thence over Interstate Miss., over combined Interstate High­ sylvania Building, Pennsylvania Avenue lighway 285 to junction Interstate Hign- ways 20 and 59 to junction U.S. High­ and 13th Street NW., Washington, DC vay 75 (U.S. Highway 41), theime over way 80 near Kewanee, Miss., and re­ 20004. Carrier proposes to operate as a interstate Highway 75 (U.S. Highway

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 NOTICES 10827 [Notioe44] 41) to junction U.S. Highway 411, thence 278 to Cullman, Ala., thence over U.S. over U.S. Highway 411 to Rome, Ga., and Highway 31 to Decatur, Ala., and return MOTOR CARRIER APPLICATIONS AND return over the same route, for operating over the same route, for operating con­ CERTAIN OTHER PROCEEDINGS convenience only. The notice indicates venience only. The notice indicates that that the carrier is presently authorized the carrier is presently authorized to M ay 28,1971. to transport the same commodities, over transport the same commodities, over The following publications are gov­ pertinent service routes as follows: (1) pertinent service routes, as follows: (1) erned by the new Special Rule 247 of Prom Chattanooga, Tenn., over U.S. Prom Florence, Ala., over U.S. Highway the Commission’s rides of practice, pub­ Highway 11 to Knoxville, Tenn., thence 72 via Huntsville, Ala., to junction U.S. lished in the F ederal R egister, issue of over U.S. Highway 11W (also U.S. High­ Highway 64 near South Pittsburg, Tenn.; December 3, 1963, which became effec­ way 11E) to Bristol, Va., thence over (2) from Florence, Ala., over U.S. High­ tive January 1, 1964. U.S. Highway 19 to junction U.S. High­ way 72 to junction Alternate U.S. High­ The publications hereinafter set forth way 19E, thence over U.S. Highway 19E way 72, at or near Tuscumbia, Ala., reflect the scope of the applications as via Hampton, Tenn., to junction North thence over Alternate U.S. Highway 72 filed by applicant, and may include de­ Carolina Highway 194, thence over North to Huntsville, Ala.; (3) from Savannah, scriptions, restrictions, or limitations Carolina Highway 194 to Vilas, N.C., Tenn., over U.S. Highway 64 to Chat­ which are not in a form acceptable to thence over U.S. Highway 421 to Greens­ tanooga, Tenn.; (4) from Chattanooga, the Commission. Authority which ulti­ boro, N.C., thence over U.S. Highway 70 Tenn., over U.S. Highway 27 via Rome, mately may be granted as a result of Ga., to Cedartown, Ga. (also from Chat­ to Raleigh, N.C. (also from Chattanooga the applications here noticed will not to Hampton, Tenn., as specified above, tanooga to Rome as specified, thence necessarily reflect the phraseology set over Georgia Highway 53 to Cave thence over Tennessee Highway 67 to forth in the application as filed, but also Springs, Ga., thence over Georgia High­ Mountain City, Tenn., thence over U.S. will eliminate any restrictions which are way 161 to Cedartown); (4) from Highway 421 to Vilas, N.C., thence to not acceptable to the Commission. Memphis, Tenn., over U.S. Highway 64 Raleigh as specified); to Selmer, Tenn., thence over U.S. High­ M otor Carriers of P roperty (2) Prom Knoxville, Tenn., over U.S. way 45 to Corinth, Miss., thence over Highway 70 to Newport, Tenn., thence No. MC 72495 (Sub-No. 7) (Republi­ U.S. Highway 72 to Florence, Ala.; and over Tennessee Highway 35 to Greene- cation) , filed March 9,1970, published in (5) from Selmer, Tenn., over U.S. High­ ville, Tenn., thence over Tennessee High­ the F ederal R egister issue of June 11, way 64 to Waynesboro, Tenn., thence way 70 to the Tennessee-North Carolina 1970, and republished this issue. Appli­ over Tennessee Highway 13 to Tennes- State line, thence over North Carolina cant: DON SWART TRUCKING, INC., see-Alabama State line, thence over Highway 208 to junction U.S. Highway Box 49, Wellsburg, W V 26070. Applicant’s Alabama Highway 17 (formerly Alabama 70, thence over U.S. Highway 70 to Ashe­ representative: Ronald W . Kasserman, Highway 34) to Florence, Ala., and re­ ville, N.C. (also from Newport over U.S. 900 Riley Law Building, Wheeling, W. Va. turn over the same routes. Highway 70 to Asheville, N .C .); thence 26003. A report and recommended order over US. Highway 74 to Charlotte, N.C., No. MC-89723 (Deviation No. 19), of the Hearing Examiner of March 19, thence over U.S. Highway 29 via Con­ MISSOURI PACIFIC TRUCK LINES, 1971, which was made effective on April cord, N.C., to junction Alternate U.S.r INC., 210 North 13th Street, St. Louis, 19,1971, and notice served April 28,1971, Highway 29, thence over Alternate U.S. MO 63103, filed May 18, 1971. Carrier finds; that the present and future public Highway 29 to junction U.S. Highway 29 proposes to operate as a common carrier, convenience and necessity require oper­ near China Grove, N.C., thence over U.S. by motor vehicle, of general commodi­ ation by applicant as a common carrier Highway 29 to Greensboro, N.C.; (3) ties, with certain exceptions, over a devi­ by motor vehicle in interstate or foreign from Kingsport, Tenn, over U.S. High­ ation route as follows: Between commerce of petroleum coke, over irreg­ way 23 to Asheville, N.C., thence over Nebraska City, Nebr., and Lincoln, Nebr., ular routes, from Cresap, W . Va., to U.S. Highway 25 to Greenville, S.C, over Nebraska Highway 2, for operating Baltimore, Md. Because it is possible thence over U.S. Highway 276 to Laurens, convenience only. The notice indicates that other persons who may have relied S.C.; (4) from Chattanooga, Tenn., over that the carrier is presently authorized upon the notice of the application as U.S. Highway 27 via Rome, Ga., to Ce­ to transport the same commodities, ov6r published in the F ederal R egister may dartown, Ga. (also from Chattanooga to pertinent service routes as follows: (1) have an interest in and would be preju­ Rome, Ga., as specified, thence over From the Kansas-Nebraska State line diced by the lack of proper notice, a Georgia Highway 53 to Cave Springs, over U.S. Highway 73 to Omaha, Nebr.; notice of the authority actually granted Ga., thence over Georgia Highway 53 to and (2) from Union, Nebr., over U.S. applicant will be published in the F ed­ Cave Springs, Ga., thence over Georgia Highway 34 to Lincoln, Nebr., and return eral R egister and issuance of a certifi­ Highway 161 to Cedartown); (5) from over the same routes. cate in this proceeding will be withheld Cleveland, Tenn., over U.S. Highway 64 No. MC-103017 (Deviation No. 4), for a period of 30 days from the date of to Ranger, N.C., thence over U.S. High­ MERCURY MOTOR FREIGHT LINES, such publication, during which period way 19 to Blarisville, Ga., thence over INC., 954 Hersey Street, St. Paul, M N any proper party in interest may file a U.S. Highway 76 to Westminster, S.C., 55114, filed May 17, 1971. Carrier pro­ petition to reopen or for other appro­ return over the same routes; and poses to operate as a common carrier, priate relief setting forth in detail the (6) from Greenville, S.C., over U.S. High­ by motor vehicle, of general commodi­ precise manner in which it has been so way 123 to Westminster, S.C., and re­ ties, with certain exceptions, over a devi­ prejudiced. turn from Westminster over South Caro­ ation route as follows: From junction No. MC 123048 (Sub-No. 183) (Repub­ lina Highway 183 to Walhalla, S.C.,' U.S. Highway 14 and Illinois Highway 31 lication), filed November 12, 1970, pub­ thence oyer South Carolina Highway 28 over Illinois Highway 31 to junction lished in the Federal R egister issue of 10 Jhhction U.S. Highway 123, thence Illinois Highway 62, thence over Illinois December 3, 1970, and republished this jver U.S. Highway 123 to Liberty, S.C., Highway 62 to junction Barrington issue. Applicant: DIAMOND TRANS­ thence over U.S. Highway 178 to Pickens, Road, thence over Barrington Road to PORTATION SYSTEM, INC., 1919 b thence over South Carolina High­ junction Interstate Highway 90, thence Hamilton Avenue, Racine, W I 53401. way 8 to Easley, S.C., thence over U.S. over Interstate Highway 90 to Chicago, Applicant’s representatives: Paul C. Highway 123 to Greenville, S.C. 111., and return over the same route, for Gartzke, 121 West Doty Street, Madison, operating convenience only. The notice s M-C- 52953 (Deviation No. 16), ET W I 53703, and Paul L. Martinson (same indicates that the carrier is presently transportation c o m - address as applicant). The modified pro­ authorized to transport the same com­ cedure has been followed in this pro­ tkt ^ Legion Street, Johnson City, modities, over a pertinent service route ¿7601, filed May 18,1971. Carrier pro- ceeding and an order of the Commission, as follows: Between Madison, Wis., and Operating Rights Board, dated May 11, mn*es op.erate as a common carrier, by Chicago, 111., over U.S. Highway 14. vehicle, of general commodities, 1971, and served May 24,1971, finds; that certain exceptions, over a devia- By the Commission. the present and future public conven­ rou*'e as follows: From Cave [ seal] R obert L. O swald, ience and necessity require operation by p Ga., over UJS. Highway 411 to Secretary. applicant, in interstate or foreign com­ aasden, Ala., thence over U.S. Highway [P R Doc.71-7701 Filed 6-2-71:8:50 am ] merce, as a common carrier by motor

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 No. 107------9 10828 NOTICES vehicle, over irregular routes, of (1) (a) from Pittsburgh, Pa., to points in Mary­ lished in the F ederal R egister and is- i tractors (except those with vehicle beds, land and the District of Columbia, under suance of a permit in this proceeding will i bed frames and fifth wheels); (b) equip­ a continuing contract or contracts with be withheld for a period of 30 days from j ment designed for use in connection with Sealtest Foods, Division of Kraftco the date of such publication, during tractors; (c) agricultural, industrial and Corp., of Pittsburgh, Pa., will be consist­ which period any proper party in in- i construction machinery and equipment; ent with the public interest and the terest may file an appropriate petition (d) trailers designed for the transporta­ national transportation policy. Because for leave to intervene in the proceeding tion of the above described commodities it is possible that other parties who have setting forth in detail the precise ma.nnpr ' (except trailers designed to be drawn by relied upon the notice in the F ederal in which it has been so prejudiced. passenger automobiles); (e) attach­ R eg ister of the application as originally No. M C 134935 (Republication) filed published my have an interest in and ments for the above described commodi­ September 14, 1970, published in the ties; (f) internal combustion engines; would be prejudiced by the lack of proper F ederal R egister issue of October 8, and (g) parts of the above described notice of the grant of authority without 1970, and republished this issue. Appli­ commodities when moving in mixed loads the requested limitation in our findings cant: DENOYER BROS. MOVING & herein, a notice of the authority actually with such commodities, from the plants, STORAGE CO., a corporation, Post warehouse sites, and experimental farms granted will be published in the F ederal Office Box 109, Traverse City, MI 49684. R egister and issuance of the permit in of Deere & Co. in Rock Island County, Applicant’s representative: Robert D. this proceeding will be withheld for a HI., to points in Indiana, Kentucky, Ohio, Schuler, 1 Woodward Avenue, Suite 1700, period of 30 days from the date of such West Virginia, and points in the Lower Detroit, M I 48226. The modified proce­ publication, during which period any Peninsula of Michigan; and dure has been followed in this proceeding (2) Returned shipments on return proper party in interest may file an ap­ and a report and order of the Commis­ from the destination States named propriate petition for leave to intervene sion, Review Board No. 3, decided May 10, in the proceeding setting forth in detail above to the named plants, warehouse 1971, and served May 19, 1971, finds; sites, and experimental farms of Deere the precise manner in which it has been that the present and future public con- j & Co. fn Rock Island County, HI., re­ prejudiced. venience and necessity require opera­ stricted in (1) above to the transporta­ No. MC 134631 (Sub-No. 4) (Republi­ tion by applicant, in interstate or foreign tion of traffic originating at the plants, cation), filed November 12, 1970, pub­ commerce, as a common carrier by warehouse sites and experimental farms lished in the F ederal R eg ister issue of motor vehicle, over irregular routes, of of Deere & Co. and in (2) above to the December 3, 1970, and republished this used household goods, between points transportation of traffic destined to such issue. Applicant: SCHULTZ TRANSIT, in Emmet, Cheboygan, Charlevoix, facilities of Deere & Co.; subject to the INC., Post Office Box 503, Winona, MN Otsego, Antrim, Leelanau, Benzie, Grand following conditions: (1) That the 55987. Applicant’s representative: Val M. Traverse, Kalkaska, Crawford, Manistee, above-entitled proceeding be, and it is Higgins, 1000 First National Bank Build­ Wexford, Misaukee, Roscommon, Ma­ hereby, held open for further considera­ ing, Minneapolis, Minn. 55402. The modi­ son, Lake, Osceola, Clare, Oceana, tion of applicant’s fitness subsequent to fied procedure has been followed in this Newago, Mecosta, Isabella and Muske­ the determination of No. MC-123048 proceeding and an order of the Com­ gon Counties, Mich., restricted to the (Sub-No. 185); (2) that any grant of mission, Operating Rights Board, dated transportation of shipments having a authority ultimately issued in this order, April 29, 1971, and served May 20, 1971, prior or subsequent movement, in con­ and applicant’s existing authority that finds; (1) that operation by applicant, tainers, beyond the points authorized, it duplicates, shall be construed as con­ in interstate or foreign commerce, as a and further restricted to the perform­ ferring only a single operating right; (3) contract carrier by motor vehicle, over ance of pick up and delivery service in that because it is possible that other irregular routes, of candy and cherries, connection with packing, crating and parties, who have relied upon the notice from Winona, Minn., to Atlanta, Ga., containerization or unpacking, uncrating of the application as published, may have Boston, Mass., Charlotte, N.C., and points decontainerization of such shipments. an interest in and would be prejudiced in Hlinois, Indiana, Kentucky, Michigan, Because it is possible that other parties, by the lack of proper notice of the au­ New Jersey, New York, Ohio, and Penn­ who have relied upon the notice as pub­ thority described in the findings in this sylvania, under a continuing contract lished, may have interest in and would order, a notice of the authority actually with Schuler Chocolates, Inc., of Winona, be prejudiced by the lack of proper no­ granted will be published in the F ederal Minn., will be consistent with the public tice of the authority described in the R egister and for a period of 30 days from interest and the national transportation findings herein, a notice of the authority the date of such publication, any proper policy; that applicant is fit, willing, and actually granted will be published in party in interest may file an appropriate able properly to perform such service and the F ederal R egister and issuance of a petition for leave to intervene in this to conform to the requirements of the certificate in this proceeding will be proceeding setting forth in detail the Interstate Commerce Act and the Com­ withheld for a period of 30 days from the precise manner in which it has been so mission’s rules and regulations thereun­ date of such publication, during which prejudiced. der; that an appropriate permit should be period any proper party in interest may No. MC 126645 (Sub-No. 3) (republi­ issued; and (2) that the holding by ap­ file an appropriate petition for leave to cation), filed September 27, 1970, pub­ plicant of the permit authorized to be intervene or other appropriate relief lished in the F ederal R eg ister issue of issued in this proceeding and the hold­ setting forth in detail the precise manner October 15, 1970, and republished this ing by applicant of a certificate hereto­ in which it has been so prejudiced. issue. Applicant: ROSCOE ORWICK fore issued in No. M C-118202 will be Applications for Certificates or P er' AND FRANCES ORWICK, a partner­ consistent with the public interest and mits W hich Are T o Be P rocessed ship, doing business as: ROSCOE AND the national transportation policy, sub­ C oncurrently W ith A pplications FRANCES, 163 Kings Highway, Altoona, ject to the conditions that the permit U nder Section 5 Governed by Special PA 16602. Applicant’s representative: granted herein shall be subject to the R ule 240 to the Extent A p p l ic a b l e Arthur J. Diskin, 806 Frick Building, right of the Commission, which is hereby N o. MC 109533 (Sub-No. 47), filed Pittsburgh, PA 15219. The modified expressly reserved, to impose such terms, May 5, 1971. Applicant: conditions, or limitations in the future OVERNITE procedure has been followed in this pro­ TRANSPORTATION CO., a corp., H0° as it may find necessary in order to in­ ceeding, and an order of the Commission, Commerce Road, Richmond, VA 23224. sure that applicant’s operations conform Operating Rights Board, dated April Applicant’s representative: to the provisions of section 210 of the Eugene T. 23, 1970, and served May 20, 1971, finds; Interstate Commerce Act. Because it is Liipfert, Suite 1100, 1660 L Street NW.» that operation by applicant, in interstate possible that other parties, who have re­ Washington, DC 20036. Authority sought or foreign commerce, as a contract car­ lied upon the notice of the application as to operate as a common carrier, by motor vehicle, over irregular routes, transport­ rier by motor vehicle, over irregular published, may have an interest in and ing: General commodities (except those routes, of ice cream, frozen dairy prod­ would be prejudiced by the lack of proper of unusual value, classes A and B exPv“ ucts, fruit juices, sherbet, milk, cottage notice of the authority described in the sives, household goods as defined by tn cheese and buttermilk, in vehicles findings in this order, a notice of the Commission, commodities in bulk, an equipped with mechanical refrigeration. authority actually granted will be pub­ those requiring special equipment), be-

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 NOTICES 10829 tween points in Cabell, Putnam, Kana­ Ninth Street, Boise, ID 83707, and for St. Louis, Mo.-East St. Louis, 111., com­ wha, Mason, Jackson, Roane, Calhoun, acquisition by CLAUDE and FRED mercial zone, as defined by the Com­ Gilmer, Wirt, Wood, Lewis, Upshur, BEKINS, both of Seattle, Wash. 98103, mission. Vendee is authorized to operate Randolph, and Ritchie Counties, W . Va., and BRUCE J. BEKINS, Route 3, Box as a common carrier in all of the States which are within 75 miles of Gatewood, 755, Bend, OR 97701, of control of such in the United States (except Hawaii). W. Va., and which are located on and rights through the purchase. Applicants’ Application has not been filed for north of U.S. Highway 60. N o t e : The in­ attorney: Russell S. Bernhard, 1625 K temporary authority under section stant application is a matter directly re­ Street N W , Washington, DC 20006. Op­ 210a(b). lated to No. MC-F-11172 published in the erating rights sought to be transferred: No. MC-F-11184. Authority sought to (A ) Household goods, as defined by the F ederal R e g is t e r issue of May 26, 1971. be purchased by CENTRAL TRUCK Commission, as a over Applicant states that the requested au­ common carrier LINES, INC., 3825 Henderson Boulevard, irregular routes, between points in Ore­ thority would connect with its existing Post Office Box 18464, Tampa, FL 33609, gon, on the one hand, and, on the other, authority at South Charleston, W . Va., or of a portion of the operating rights of points in Washington within 50 miles of other common points, authorizing serv­ MOTOR EXPRESS, INC., 410 Lincoln Portland, Oreg.; (B ) household goods as ice to West Virginia points within 75 Building, Cleveland, Ohio 44114, and for defined in Practices of Motor Common miles of Bluefield, W . Va. This authority acquisition by U.S. TRUCK LINES, INC. Carriers of Household Goods, 17 M.C.C. in turn connects with applicant’s other OF DELAWARE, 1602 Union Commerce 467, between points and places in Idaho. authority to serve points in Virginia, Building, Cleveland, Ohio 44115, of con­ Vendee is authorized to operate as a Tennessee, North Carolina, South Caro­ trol of such rights through the purchase. common carrier in Idaho and Washing­ Applicants’ attorney: David M. Schwartz, lina, Georgia, and Alabama. If a hearing ton. Application has not been filed for Suite 300, 1700 Pennsylvania Avenue, is deemed necessary, applicant requests temporary authority under section 210a it be held at Washington, D.C. NW., Washington, DC 20006. Operating (b ). N ote: MC-84719 Sub 6 is a matter rights sought to be transferred: General Applications U nder Sections 5 directly related. commodities, with exceptions, as a com­ a n d 210a(b) No. MC-F-11182. Authority sought for mon carrier, over regular routes, between The following applications are- gov­ purchase by G O T T R Y CORP., 999 Bea- Cleveland and Akron, Ohio, serving all erned by the Interstate Commerce Com­ han Road, Rochester, N Y 14624, of the intermediate points. Vendee is author­ mission’s special rules governing notice operating rights of J. N. W ILSO N CO., ized to operate as a common carrier in of filing of applications by motor carriers INC., 128 West Third Street, Erie, PA Georgia, Florida, Ohio, Louisiana, Ala­ of property or passengers under sections 16507, and for acquisition by RICHARD bama, Kentucky, and Tennessee. Appli­ 5(a) and 210a(b) of the Interstate Com­ H IGGINS, 146 Hillside Drive, Orchard cation has not been filed for temporary merce Act and certain other proceedings Park, NY and WILLIAM HIGGINS, 130 authority under section 210a(b). N ote: with respect thereto (49 CFR 1.240). Brantwood, Snyder, NY, of control of Transferee and transferor are both con­ such rights through the purchase. Appli­ trolled by U.S. Truck Lines, Inc., of MOTOR CARRIERS OF PROPERTY cants’ attorney: Robert V. Gianniny, 900 Delaware through 100 percent stock No. MC-F-11180. Authority sought for Midtown Tower, Rochester, N Y 14604. ownership. The purpose of the proposed purchase by McLEOD TRUCKING, INC., Operating rights sought to be trans­ transaction is to plermit transferee to 2401 East Fifth Street, Reno, N V 89504, ferred: Heavy machinery, road and serve Cleveland and those points in the (Mailing address: Post Office Box 366), building construction equipment, and Cleveland commercial zone not already of a portion of the operating rights of such commodities, other than those spec­ authorized transferee. RINGSBY TRUCK LINES, INC., 3201 ified above, as required special handling or rigging because of size or weight, and No. MC-F-11185. Authority sought for Ringsby Court, Denver, CO 80216, and purchase by TERM INAL TRANSPORT for acquisition by FR ANK BENDER, such incidental tools, materials, equip­ ment, and supplies as are usually trans­ CO., INC., 248 Chester Avenue SE„ At­ Post Office Box 4300, Reno, NV 89501 and lanta, G A 30316, of a portion of the oper­ JOHN TOM ROSS, Post Office Box 635, ported in connection with all these afore­ said commodities, as a common carrier ating rights of (A ) M ICH IGAN E X ­ Carson City, NV 89701, of control of such over irregular routes, between points in PRESS, INC., 1122 Freeman Avenue rights through the purchase. Applicants’ Erie County, Pa., on . the one hand, and, SW., Grand Rapids, MI 49502, and (B) attorney: Martin J. Rosen, 140 Mont­ on the other, points in New York and CUSHM AN M OTOR DELIVERY CO., gomery Street, San Francisco, CA 94104. Ohio, and the Lower Peninsula of Michi­ 1480 West Kinzie Street, Chicago, IL Operating rights sought to be trans­ gan. Vendee is authorized to operate as a 60622, and for acquisition by AMERICAN ferred: General commodities, excepting common carrier in New York, Connecti­ COMMERICIAL LINES, INC., Box 13244, among others, livestock, household goods Houston, T X 77019, and TEXAS GAS and commodities in bulk, as a common cut, Delaware, Illinois, Indiana, Maine, Maryland, Massachusetts, New Hamp­ TRANSMISSION CORP., 300 Frederica carrier over regular routes, between Yer­ shire, New Jersey, Ohio, Pennsylvania, Street, Post Office Box 1160, Owensboro, ington and Reno, Nev., serving the inter­ Rhode Island, Vermont, Virginia, West K Y 42301, of control of such rights mediate and off-route points of Weeks, Virginia, and the District of Columbia. through the purchase. Applicants’ at­ Wabuska, Smith, Wellington, and Mason, torney: Carl L. Steiner, 39 South La Nev.; feed, ranch machinery, and sup­ Application has not been filed for tempo­ rary authority under section 210a(b). Salle Street, Chicago, IL 60603. Operat­ plies, over irregular routes, from Reno ing rights sought to be transferred: (A ) and Fallon, Nev., to Yerington, Nev., and No. MC-F-11183. Authority sought for General commodities, excepting among Points within 35 miles thereof, between purchase by DALLAS & MAVIS FOR­ others, livestock, classes A and B explo­ points within 35 miles of Yerington, Nev., W A R D IN G CO., INC., 4000 West Sample sives, household goods and commodities including Yerington, Nev. Vendee is au­ Street, South Bend, IN 46621, of a por­ in bulk, as a common carrier, over regu­ thorized to operate as a common carrier tion of the operating rights of STEFFEN lar routes, between Chicago, 111., and St. m Nevada and California. Application TRANSFER CO., 3165-67 South Kings- Louis, Mo., serving the intermediate has been filed for temporary authority highway Boulevard, St. Louis, MO 63139, point of East St. Louis, HI., and the inter­ under section 210a(b). and for acquisition by PAUL A. MAVIS, mediate and off-route points in the Chi­ No. MC-F-11181. Authority sought for also of South Bend, Ind. 46621, of control cago, III., Commercial Zone, as defined by Purchase by BEKINS M O VING & STOR­ of such rights through the purchase. Ap­ the Commission in 1 M.C.C. 673, between AGE CO. (a Washington Corporation), plicants’ attorneys: Austin C. Knetzger, Springfield, HI., and Hammond, Ind., 9401 Aurora Avenue North at 95th Street, 1011 International Office Building, 722 between Rock Island, HI., and Chicago, Seattle, W A 98103, of the operating Chestnut Street, St. Louis, MO 63101 and 111., serving all intermediate points, and rights of (A) BEKINS MOVING & Charles Pieroni, 4000 West Sample the off-route points of Rock Falls, HI., STORAGE CO. (Oregon corporation), Street, South Bend, IN 46621. Operating those in the Chicago, III., Commercial 407 North Broadway, Portland, OR 97208 rights sought to be transferred: General Zone as defined by the Commission in 1 and (B) BEKINS MOVING & STORAGE commodities, as a common carrier over M.C.C. 673, and those in the Davenport- '■'O- (Idaho corporation), 631 South irregular routes, between points in the Rock Island and Moline Commercial

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10830 NOTICES

Zone as defined by the Commission in 41 Hill, and CHARLES HERSHISER, both York, Virginia, and the District of Co­ M.C.C. 557, between Dixon, HI., and La of Sparta, TN 38583, and STANTON D. lumbia, from Ambler, Pa., to Baltimore Salle, HI., serving all intermediate points TUBB, 200 South Carter, Sparta, T N and Crisfield, Md., Bridgeton, Camden, and the off-route points and the off-route 38583, of control of such rights through and Newark, N.J., Wilmington, Del., and point of Peru, HI., between Aurora, HI., the purchase. Applicants’ attorney: Washington, D.C.; plumbing supplies, and junction U.S. Highways 52 and 30, James Clarence Evans, 1800 Third Na­ from Ambler, Lansdale, and Quakertown, serving no intermediate points, over one tional Bank Building, Nashville, Tenn. Pa., to Baltimore and Crisfield, Md.! alternate route for operating convenience 37219. Operating rights sought to be Bridgeton, Camden, and Newark, N.J., only, between junction Illinois Highways transferred: General commodities, ex­ Wilmington, Del., and Washington, D.C.; 2 and 78 and junction Illinois Highways cepting among others, classes A and B plumbers’ castings, from Lansdale, Quak­ 78 and 92, between junction Illinois High­ explosives, household goods and com­ ertown, and Philadelphia, Pa., to points ways 2 and 88 and junction Hlinois High­ modities in bulk, as a common carrier in Delaware, Maryland, New Jersey, New ways 88 and 92, between junction Hlinois over regular routes, between Livingston, York, Virginia, and the District of Co­ Highways 2 and 26 and junction Hlinois Tenn., and Cookeville, Tenn., serving all lumbia; manufactured fertilizers and Highways 26 and 92, between junction intermediate points. Vendee is author­ fertilizer ingredients, dry in bags (not in­ Hlinois Highways 92 and 89 and La Salle, ized to operate as a common carrier in cluding fertilizers for flower beds or gar­ HI., between junction UJS. Highway 51 Tennessee. Application has not been filed den use), from Baltimore, Md., and and alternate U.S. Highway 30 and junc­ for temporary authority under section points within 15 miles of Baltimore, to tion U.S. Highways 51 and 52, in connec­ 210a(b). certain specified points in Pennsylvania; tion with carrier’s regular route opera­ dry earth pigments, in bags, casks, and No. MC-F-11187. Authority sought for tions authorized above, serving no inter­ barrels, between Bethlehem, Pa., on the control by M OTEK CORP., a noncar­ mediate points, between junction U.S. one hand, and, on the other, Newark, rier, Van Buren and Madison Streets, Highways 30 and 52 at or near Lee Cen­ N.J., and points in New Jersey within 25 Valley Forge Industrial Park, Valley ter, HI., and junction U.S. Highway 30 miles of Newark, points in New York Forge, PA 19481, of C.S.I., INC., doing and Hlinois Highway 2 at Bock Falls, HI., within the New York commercial zone business as CONTRACT SERVICE, INC., serving the intermediate point of Rock as defined by the Commission in New Trewigtown Road, Colmar, PA 18915, and Falls, HI.; general commodities, except­ York, N.Y., Commercial Zone, 1 M.C.C. for acquisition by M ARK R. HERR AND ing among others, classes A and B ex­ 665,2 M.C.C. 191, Baltimore, Md., and the BYRON E. READING, both of Valley plosives, household goods, and commod­ District of Columbia; materials used in Forge, Pa. 19481, of control of C.S.I., INC., ities in bulk, over irregular routes, be­ the manufacture of tile, from points in through the acquisition by M OTEK tween points in the St. Louis, Mo.-East Kentucky, Tennessee, New Hampshire, CORPORATION. Applicants’ attorney: St. Louis, HI., commercial zone, as defined Massachusetts, Maine, Virginia, Dela­ Maxwell A. Howell, 1511 K Street NW., by the Commission in 2 M.C.C. 285, be­ ware, West Virginia, New Jersey, North Washington, DC 20005. Operating rights tween points in the Chicago, III., Com- Carolina, New York, and Maryland, to sought to be controlled: Soil pipe and mercial Zone as defined by the Commis­ Lansdale, Pa.; scap iron and other ma­ fittings, as a common carrier, over regu­ sion in 1 M.C.C. 673, between Rock Is­ terials used in the manufacture of soil lar routes, from Quakerstown, Pa., to land, Milan, Moline, East Moline, Silvis, pipe and soil pipe fittings, from points in Rosslyn, Va„ serving the intermediate and Carbon Cliff, HI., and Davenport and Massachusetts, Rhode Island, New York, point of Washington, D.C., restricted to Bettendorf, Iowa; and Connecticut, New Jersey, Delaware, delivery only; and the off-route point Maryland, Virginia, and the District of (B ) General commodities, except com­ of Lansdale, Pa., restricted to pickup Columbia; clay facing tile, and chinaware modities in bulk, over regular routes, be­ only; asbestos and asbestos products, bathroom fixtures, from Lansdale, Pa., tween Chicago HI., and Milwaukee, Wis., over irregular routes, from Ambler, Pa., to Chicago, HI., Detroit, Mich., Kansas between Chicago, HI., and junction U.S. to points in Delaware, Maryland, New City, Mo., and points in Florida; plumb­ Highway 41 and Illinois Highway 42-A Jersey, New York, Virginia, Connecticut, (near Gurnee, H I.), between Chicago, HI., ers’ castings, soil pipe and soil pipe fit­ Rhode Island, Massachusetts, Maine, tings, from Lansdale and Quakertown, and junction Eden’s Expressway and U.S. New Hampshire, Vermont, and the Dis­ Highway 41, somewhat north of Lake Pa., to points in Maine, New Hampshire, trict of Columbia, from Meredith, N.H., and Vermont, with restriction; conduit, Avenue, in connection with carrier’s to Ambler, Pa., from the plantsite of regular route operations authorized pipe and accessories for installation of Nicolet Industries, Inc., at Norristown, such conduit and pipe, from Ambler, Pa., herein, serving no intermediate points, Pa., to points in Delaware, Maryland, to Philadelphia, Pa.; with restriction, over one alternate route Virginia, Connecticut, Rhode Island, Asbestos-cement pipe and conduit; for operating convenience only; over ir­ Massachusetts, New York (except points plastic pipe and conduit; asbestos-cement regular routes in the commercial area of in Nassau and Westchester Counties, Milwaukee, Wis., as described in appen­ N.Y., commercial zone, as defined by the building materials; the following build­ dix I, White Fish Bay, Shorewood, North Commission), and New Jersey (except ing materials: sidings, building, wall and insulating boards, gutters, spouts, and Milwaukee, Wauwatosa, West Allis, Root Paterson, Clifton, Passaic, Hacken­ roofing materials; and fittings, acces­ Creek, Cudahy, Fox Point, Greendale, sack, Teaneck, Garfield, Rutherford, sories, and equipment to be used in the South Milwaukee and intermediate Ridgefield, Ridgefield Park, Palisades installation of the foregoing commodi­ points. Vendee is authorized to operate Park, Cliff side Park, and Fort Lee, N.J.), ties, excluding, as to all of the transpor­ as a common carrier in Indiana, Ala­ and the District of Columbia; tation authorized in this paragraph the bama, Georgia, Florida, Hlinois, Ten­ Asbestos products, from Lansdale and nessee, Kentucky, Ohio, Michigan, and transportation of commodities in btuk, Quakertown, Pa„ to Baltimore, and Cris- and the transportation of commodities Missouri. Application has been filed for field, Md., Bridgeton, Camden, and which, because of size or weight, requires temporary authority under section 210a Newark, N.J., Wilmington, Del., and (b ). N ote: Authority sought in (B ) is special equipment, and returning wjtn Washington, D.C.; tile, from Lansdale, return shipments of the above-specineo pursuant to MC-F-9856, approved by Pa., to points in Delaware, Maryland, order of December 20, 1968, and con­ commodities, from the plantsite an New Jersey, New York, Virginia, Massa­ warehouse of Certain-Teed Products summated July 8,1969, certificate not yet chusetts, Rhode Island, Connecticut, and issued. Corp., Cheektowaga, N.Y., to points m the District of Columbia, from the plant- Connecticut, Delaware, Hlinois, Indiana, No. MC-F-11186. Authority sought for site of the American Olean Tile Co., Inc., Kentucky, Maine, Maryland, Massachu­ purchase by POTTER FREIGH T LINES, Richland Township, Pa., to Lansdale, INC., Post Office Box 428, Sparta, TN Pa.; soil pipe and soil pipe fittings, from setts, Michigan, New Hampshire, New 38583, of a portion of the operating Lansdale and Quakertown, Pa., to points Jersey, New York, North Carolina, Ohio, in Delaware, Maryland, New Jersey, New rights of TENNESSEE CAROLINA P ennsylvania, Rhode Island, South Car York, Virginia, Massachusetts, Rhode Is­ olina, Tennessee, Vermont, Virgin#» TRANSPORTATION, INC., 40 Nance land, Connecticut, and the District of Co­ West Virginia, and the District of o Lane, Post Office Box 7308, Nashville, TN lumbia, from Philadelphia, Pa., to points 37210, and for acquisition by W AYM AN in Delaware, Maryland, New Jersey, New lumbia. MOTEK CORPORATION holds

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 NOTICES 10831 no authority from this Commission. points in the lower Penninsula of Michi­ lina, South Carolina, Georgia, and Flor­ However, it is affiliated with LANSDALE gan. David L. Pemberton, attorney, 88 ida; ponies, other than ordinary, between TRANSPORTATION CO., INC., 1330 East Broad Street, Columbus, OH 43215. ports of entry at or near Buffalo, Niagara Falls, Ogdensburg, and Alexandria Bay, North Broad Street, Post Office Box 392, No. MC-FC-72873. By order of May 25, Landsdale, PA 19446, which is author­ N.Y., on the one hand, and, on the other, 1971, the Motor Carrier Board approved points in North Carolina, South Caro­ ized to operate as a common carrier in the transfer to John Himmer Transfer, Pennsylvania, New York, New Jersey, lina, Georgia, and Florida; ponies, other Inc., Pittsburgh, Pa., of the operating Virginia, Delaware, Maryland, and the than ordinary, from ports of entry at or rights in Certificate No. MC-27789 (Sub- District of Columbia. Application has near Buffalo, Niagara Falls, Ogdensburg, No. 2), issued February 19, 1957, to John been filed for temporary authority un­ and Alexandria Bay, N.Y., and Detroit W. Brown, Jr., Inc., Pittsburgh, Pa., au­ and Port Huron, Mich., to points in Illi­ der section 210a(b). thorizing the transportation of building nois, Indiana, and Michigan; and live­ By the Commission. materials and building contractors’ stock, other than ordinary, from ports of equipment and supplies, between points [seal] R obert L. Oswald, entry at or near Ogdensburg and Alex­ in Allegheny, Washington, Westmore­ Secretary. andria Bay, N.Y., and Detroit and Port land, and Fayette Counties, Pa. Arthur Huron, Mich., to points in Illinois, New [FR Doc.71-7703 Piled 6-2-71;8:50 am] J. Diskin, 806 Frick Building, Pittsburgh, York, Pennsylvania, New Jersey, Virgin­ Pa. 15219, attorney for applicants. ia, Ohio, Indiana, Maryland, and Mich­ [Notice 697] No. MC-FC-72877. By order of May 26, igan. William J. Hirsch, 35 Court Street, MOTOR CARRIER TRANSFER 1971, the Motor Carrier Board approved Buffalo, N Y 14202, attorney for the transfer to Banning Transportation, applicants. PROCEEDINGS Inc., Oklahoma City, Okla., of certificate No. MC-FC-72900. By order of May 26, No. MC-113851 and No. MC-113851 M ay 28, 1971. 1971, the Motor Carrier Board approved Synopses of orders entered pursuant (Sub-No. 1), issued March 20, 1969 and November 30, 1970, respectively, to the transfer to Harris Oil Co., a corpo­ to section 212(b) of the Interstate Com­ ration, Imperial, Calif., of the operating merce Act, and rules and regulations Dempsey Transportation, Inc., authoriz­ ing the transportation o f: Houses, except rights in certificate No. MC-124588 is­ prescribed thereunder (49 CPR Part sued December 6,1962 to Stevens H. Har­ 1132), appear below: knocked-down houses, between points in Texas, New Mexico, Oklahoma, and a ris, doing business as Harris Oil Co., As provided in the Commission’s spe­ described portion of Kansas;«heavy ma­ Imperial, Calif., authorizing the trans­ cial rules of practice any interested per­ chinery and engines from and to points portation of liquid petroleum products son may file a petition seeking recon­ on rail lines in a described portion of from Colton, Niland, and Imperial, Calif, sideration of the following numbered Kansas and a described portion of Ne­ to specified points and areas in Cali­ proceedings within 20 days from the date braska; portable houses and buildings, fornia and Arizona. Phil Jacobson, 510 of publication of this notice. Pursuant between points in a described portion West Sixth Street, Los Angeles, CA 90014, to section 17(8) of the Interstate Com­ of Colorado, Kansas, and Nebraska; and attorney for applicants. merce Act, the filing of such a petition buildings, complete, knocked down or in [ seal] R obert L. O swald, will postpone the effective date of the sections, and all component parts and Secretary. order in that proceeding pending its dis­ materials used in assembling, erection or [FR Doc.71-7705 Filed 6-2-71;8:50 am ] position. The matters relied upon by pe­ completion of such buildings, between titioners must be specified in their pe­ points in Kansas, on the one hand, and, titions with particularity. [Notice 697—A] on the other, points in Colorado and Ne­ No. MC-FC-72836. By order of May 26, braska. Richard Freeman, Suite 701, MOTOR CARRIER TRANSFER 1971, the Motor Carrier Board, approved Hightower Building, Oklahoma City, PROCEEDINGS the transfer to Willis Day Moving & Okla., and David D. Brunson, 419 North­ Storage Co., a corporation, Toledo, Ohio, west Sixth Street, Oklahoma City OK M ay 28, 1971. of the operating rights in Certificate No. 73102, attorney for applicants. Application filed for temporary au­ thority under section 210(a) (b) in con­ MC-60602, issued November 28, 1950, to No. MC-FC-72879. By order of May Willis Day Storage Co., a corporation, nection with transfer application under 26, 1971, the Motor Carrier Board ap­ Toledo, Ohio, authorizing the transpor­ section 212(b) and Transfer Rules, 49 proved the transfer to Willard D. Per- tation of: Household goods as defined CFR Part 1132: rault, Valentía, Ontario, Canada, of the by the Commission in 17 M.C.C. 467, operating rights in certificate No. M C - No. MC-FC-72920. By application filed over irregular routes, between points in 116106 issued April 2, 1963, to Smith- May 26, 1971, TAN LINE, INC., 2 Johns- Ohio, Delaware, Illinois, Indiana, Mary­ lands Ltd., Oshawa, Ontario, Canada, field Court, Huntington Station, N Y land, Michigan, New Jersey, New York, authorizing the transportation of live­ 11745, seeks temporary authority to lease Pennsylvania, and the District of Co­ stock, other than ordinary, between ports the operating rights of UNITED SERV­ lumbia. Walter E. Apple, attorney for of entry on the United States-Canada ICES & PROJECTS, INC., 145-79 226th applicants, 405 Madison Avenue, Toledo, Street, Rosedale, NY, under section 210a OH 43604. boundary line at Buffalo and Niagara Falls, N.Y., on the one hand, and, on the (b). The transfer to TAN LINE, INC., No. MC-FC-72866. By order of May 26, other, points in New York, Pennsylvania, of the operating rights of UNITED 1971, the Motor Carrier Board approved New Jersey, Virginia, Ohio, Illinois, In­ SERVICES & PROJECTS, INC., is pres­ the transfer to Zipp Trucking, Inc., diana, Maryland, and Michigan; between ently pending. Marion, Ohio, of Permit No. MC-128364, ports of entry at or near Buffalo, Niagara By the Commission. «sued July 5, 1967, to C. C. Plumley, Falls, Ogdensburg, and Alexandria Bay, Marion, Ohio, authorizing the transpor­ N.Y., and Detroit and Port Huron, Mich., [ seal] R obert L. Oswald, tation of: Iron and steel and iron and on the one hand, and, on the other, Secretary. steel products, from Marion, Ohio, to points in New Hampshire, North Caro­ [FR Doc.71-7704 Filed 6-2-71;8:50 am]

FEDERAL REGISTER, VOL. 36, NO. 107— THURSDAY, JUNE 3, 1971 10832 NOTICES

CUMULATIVE UST OF PARTS AFFECTED— JUNE

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 June.

3 CFR 14 CFR 39 CFR P roclamation : 39______10779-10781 171______10783 71______-10781 4057______10709 75______10781 42 CFR P roposed R u l e s : 5 CFR 481______10731 39______10801 213_____ 10771 47______10801 71______10741,10802 45 CFR 7 CFR 249______10803 206______10783 371-______10803 51______10771 399______10806 46 CFR 722______10772 381______10739 725______:______10772 16 CFR 908______10721,10773 500____ 10781 4 7 CFR 910 ______.______10773 911 ______- ______10721 19 CFR 73______10784 944______10774 10______10726,10727 P roposed R u l e s : 13______10727 25______10808 1090-______10775 16______10727 1098______10775 73______10741,10806 54______10727 83______10807 1103 _ 10775 1104 ______10775 21 CFR 49 CFR 1106______10775 2___ 10728 10732 1421______10777 28______10781 172. 121____ 10728 173. 10732 Proposer Rules : 176. 10733 944______10740 24 CFR 177. 10784 178 ______10733,10785 60______10781 179 ______— 10733 12 CFR 200______10781 571______10733,10736 222______10777-10778 26 CFR 1033______10785 265______10778-10779 P roposed R u l e s : 1______10729 541______10722 301-____ 10782 395______10802 545______10722,10723 Ch. X ______10741, 10742 P roposed R u l e s : 556______4 ______10723 1100______10807 1— ______10787 561______10724 13______10787 563______10724 50 CFR 582______10725 33 CFR 253. 10736 254. 10737 582b______10725 204______10730 207______10730 P roposed R u l e s : 117______10799-10801

LIST OF FEDERAL REGISTER PAGES AND DATES— JUNE

Pages Date 10715-10762______June 1 10763-10832______2

PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES

CONTENTS

• Messages to the Congress • Public speeches and letters • The President's news conferences • Radio and television reports to the American people • Remarks to informal groups

PUBLISHED BY

Office of the Federal Register National Archives and Records Service General Services Administration

ORDER FROM

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

PRIOR VOLUMES

Volumes covering the adminis­ trations of Presidents Truman, Eisenhower, Kennedy; and Richard Nixon — 19 6 9 Johnson are available at vary­ ing prices from the Superin­ tendent of Documents, U.S. 1183 Pages — Price: $14*50 Government Printing Office, Washington, D.C. 20402.