WEDNESDAY, MAY 12, 1971 WASHINGTON, D.C. Volume 36 ■ Number 92

Pages 8717-8765

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.

AUTOMATIC DATA PROCESSING— Presidential memorandum authorizing Director of Office of Management and Budget to act on recommenda­ tions relating to establishment of uniform stand­ ards; effective 4 -3 0 -7 1 ______8721 INVESTMENT SECURITIES— Comptroller of the Currency ruling on eligibility for underwriting and unlimited holding______8723 RECORD RETENTION— CAB amendment re­ specting study group charterers and tour opera­ tors; effective 5 -5 -7 1 ______...... 8724 AIR CARRIERS— CAB amendment of definition of foreign tour operators (2 documents)____ 8725, 8728 PROTESTS— Bur. of Customs amendment eas­ ing criteria for according further review; effective 5 -1 2 -7 1 ______8731 PATENT CASES— Commerce Dept, amendment of procedures for discovery during interference.... 8732 COMPUTER AND COMMUNICATION SERV­ ICES— FCC extension of filing date to 5-18-71.. 8733 AIR CARRIERS— CAB extension of comment time to 6—1—71 on proposed reporting system for freight losses and damage claims...... 8739 FOOD LABELS— FDA notice of proposal to re­ quire all food ingredients to be listed on food la b e ls...... 8738 MARINE SANITATION DEVICES— EPA proposed standards of performance...... 8739 Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of January 1, 1971)

Title 10—Atomic Energy______$1. 75 Title 26—Internal Revenue (Parts 300-499)______1. 50 Title 36—Parks, Forests, and Memorials______1.25

[A Cumulative checklist of CFR issuances for 1971 appears in the first issue of the Federal Register each month under Title 1]

Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402

/ m \ Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDERALlpEGISTER on the day after an official Federal holiday), by the Office of the Federal Register, Nation Archives and Records Service, General Services Administration, Washington, D.C. 2040 , Area Code 202 ___ »34 ^ Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 193 (49 Stat. 600, as amended; 44 U.S.C., Ch. 15), tinder regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I ) . Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable in advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check o money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o p F ederal R eg ulations, which is published, under 50 titles, pursuan 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 Superintenaen of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code op F ederal R egulations. Contents THE PRESIDENT CONSUMER AND MARKETING FISH AND WILDLIFE SERVICE SERVICE Rules and Regulations MEMORANDUM Proposed Rule Making Wichita Mountains Wildlife Ref­ Automatic data processing stand­ uge, Okla.; public access, use and Fresh pears, plums, and peaches ards for use by Federal recreation ______8734 agencies------8721 grown in California; recom­ mended decision______8735 FOOD AND DRUG EXECUTIVE AGENCIES CUSTOMS BUREAU ADMINISTRATION AGRICULTURE DEPARTMENT Rules and Regulations Rules and Regulations New animal drugs in oral dosage See Consumer and Marketing Protests; criteria for according Service. further review______8731 forms; correction______8732 Proposed Rule Making ATOMIC ENERGY COMMISSION ENVIRONMENTAL PROTECTION AGENCY Food labels; proposal to require all Notices food ingredients to be listed____ 8738 Gulf Oil Corp.; notice of change Proposed Rule Making Notices of name on facility licenses____ 8741 Marine sanitation devices; pro­ posed standards______8739 Rauwolfia serpentina and rau- CIVIL AERONAUTICS BOARD wolfia alkaloids; drugs for Rules and Regulations FEDERAL COMMUNICATIONS human use; correction______8741 Air carriers; definition of foreign COMMISSION tour operations (2 documents)__ 8725, HEALTH, EDUCATION, AND 8728 Rules and Regulations WELFARE DEPARTMENT Record retention; study group Organization and rules relating See Food and Drug Administra­ charters and tour operators____ 8724 to common carriers; miscella­ tion. Proposed Rule Making neous amendments______8733 Air carriers; reporting system for Notices INTERIOR DEPARTMENT freight losses and damage Sprague Electric Co. and Berk­ claims ______8739 shire Hills Aviation, Inc.; order See Fish and Wildlife Service; Notices designating applications for Land Management Bureau. Hearings, etc.: consolidated hearing on stated Allegheny Airlines, Inc. and issues ______;__ 8744 INTERSTATE COMMERCE Mohawk Airlines, Inc______8743 COMMISSION United Air Lines, In c______8742 FEDERAL HOME LOAN BANK WTC Air Freight______8743 BOARD Proposed Rule Making Wright Air Lines, Inc______8742 Rules and Regulations Expanded definition of term “securities” ______8740 CIVIL SERVICE COMMISSION Operations; miscellaneous amend­ Rules and Regulations ment ______8724 Notices Excepted service: Motor carriers: Federal Communications Com FEDERAL MARITIME Alternate route deviation notices mission______8723 COMMISSION (2 documents) ______8760, 8763 Housing and Urban Develop Applications and certain other ment Department______8723 Notices proceedings______8760 Notices Financial responsibility regarding Intrastate applications_____;___ 8760 Commerce Department; revoca oil pollution; notice of certifi­ tion of authority to make a non cates issued______8745 career executive assignment__ 8744 LABOR DEPARTMENT ■mter-American Social Develop FEDERAL POWER COMMISSION Notices ment Institute; grants of au Notices thority to make noncareer exec Certain officials; delegations of utive assignments (2 docu Hearings, etc.: authority (4 documents)___ 8753-8756 m ents)______8744 Amoco Production Co., et al____ 8758 Cox, Edwin L., et al______8756 COAST g u a r d LAND MANAGEMENT BUREAU FEDERAL RAILROAD Rules and Regulations Notices Testimony by personnel in lega ADMINISTRATION California; proposed withdrawal proceedings______8732 Notices and reservation of lands______8741 COMMERCE DEPARTMENT Burlington Northern, Inc., et al.; joint petition for exemption See Patent Office. NATIONAL HIGHWAY TRAFFIC from requirements for passenger COMPTROLLER OF THE train movements______8741 SAFETY ADMINISTRATION CURRENCY FEDERAL RESERVE SYSTEM Rules and Regulations Federal motor vehicle safety Rules and Regulations Notices standards; exterior protection, nIlSt,mei lt purities; eligibility First Arkansas Bankstock Corp.; passenger cars______8734 h o C derWriting anc* unlimited order for and notice of reconsid­ 8723 eration ______8750 (Continued on next page) 8719 8720 CONTENTS

PATENT OFFICE TRANSPORTATION DEPARTMENT Rules and Regulations See also Coast Guard; Federal Patent cases; procedures for dis­ Railroad Administration; Na­ covery during interference------8732 tional Highway Traffic Safety SECURITIES AND EXCHANGE Administration. COMMISSION Rul es and Regulations Rules and Regulations Delegations of authority regard­ Repeal of certain exemptions, etc_ 8729 ing aircraft emission standards. 8733 Notices Hearings, etc.: Appalachian Power Co------8750 TREASURY DEPARTMENT Dana Laboratories, Inc------8751 Georgia Power Co------8752 See Comptroller of the Currency; Ohio Edison Co------8753 Customs Bureau.

List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue* A cumulative list of parts affected* covering the current month to daie> appears following the Notices section of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1* 1971* and specifies how they are affected. c c u u_ 33 3 CFR 14 CFR

i ...... 8732 8724 i P residential Documents Other 249 ------378______8725 T han Proclamations and Exec­ 378a______8728 3 7 CFR utive Orders: i ...... 8732 Memorandum of April 30, 1971— 8721 239______8739 4 7 CFR 5 CFR 17 CFR o ___ 8733 8723 270______8729 fi 4. __ 8733 271______8729 7 CFR 4 9 CFR 18 CFR i 8733 P roposed R ules: P roposed R ules: K71 ____ 8734 640______•______8739 917.______8735 P roposed R ules: .. 8740 19 CFR m s 12 CFR 174______-— ...... 8731 l ______8723 5 0 CFR 8734 5 4 5 __ 8724 21 CFR 28— 135c— ------...... 8732 P roposed R ules: Ch. I ...... - ...... 8738 Presidential Documents

Title 3—The President MEMORANDUM OF APRIL 30, 1971 Automatic Data Processing Standards for Use by Federal Agencies

Memorandum for the Director, Office of Management and Budget

T h e W h it e H o u s e , Washington, April 30, 1971. The Director of the Office of Management and Budget is hereby authorized and empowered to act finally, on behalf of the President, upon the recommendations provided for in Section 111(f)(2) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 759(f)(2)), concerning the establishment of automatic data processing standards for use by Federal agencies. If, in any particular instance, the Director deems it appropriate to do so, he may submit such recommendations for my approval. The Federal standards approved under this authority are intended to improve the Government’s effectiveness in the use of automatic data processing systems. I expect that Federal agencies will apply these stand­ ards whenever their use will lead to greater operational efficiency and reduced costs.

This memorandum shall be published in the F e d e r a l R e g is t e r . ( ÿ Î J L s f ,

[FR Doc.71-6696 Filed 5-11-71 ;9:50 am]

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971

8723 Rules and Regulations

12 U.S.C. 24. (Acting Comptroller’s letter Title 5— ADMINISTRATIVE Title 12— BANKS AND BANKING dated May 3,1971.) Chapter I— Bureau of the Comptroller § 1.308 V est Chester Area Joint School PERSONNEL Authority (Pennsylvania). Chapter I— Civil Service Commission of the Currency, Department of the Treasury (a) Request. The Comptroller of the PART 213— EXCEPTED SERVICE Currency has been requested to rule on Federal Communications Commission PART 1— INVESTMENT SECURITIES the eligibility of the $5,985,000 West REGULATION Chester Area Joint School Authority Section 213.3138 is amended to show School Revenue Bonds, Series of 1971, that the position of Chief, Broadcast Securities Eligible for Underwriting for purchase, dealing in, underwriting Bureau, is no longer excepted under and Unlimited Holding and unlimited holding by national banks Schedule A. Effective on publication in under paragraph Seventh of 12 U.S.C. 24. the F ederal R egister (5-12-71 ), para­ The following new sections are added (b) Opinion. (1) The West Chester graph (a) of § 213.3138 is amended as to Part 1 of Title 12: Area Joint School Authority is a body set out below. Sec. 1.307 Small Business Investment Company corporate and politic organized by the §213.3138 Federal Communications Debentures offered and guaranteed West Chester Area School District under Commission. by the Small Business Administra­ the Municipal Authorities Act of Penn­ (a) The Chief of each of the following tion. sylvania. A municipal authority or­ Bureaus: Common Carrier and Safety 1.308 West Chester Area Joint School Au­ ganized by a school district is authorized Radio Services. thority (Pennsylvania). to hold, acquire, construct, improve, (5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954- 1.309 State of Florida Expressway Bonds. operate and lease public school buildings 58 Comp., p. 218) A u t h o r it y : §§ 1.307-1.309 issued under and facilities and to issue bonds to fi­ R.S. 324 et seq., as amended, paragraph nance such projects. The School Code U n ite d S tates C iv il S erv­ Seventh of R. S. 5136, as amended; 12 U.S.C. provides that a school district may sell ic e C o m m is s io n , I et seq., 24(7), unless otherwise noted. or lease school property to a municipal [ seal] Jam es C. S p r y , authority and may lease school projects Executive Assistant to § 1.307 Small Business Investment Com­ from a municipal authority under a long­ the Commissioners. pany Debentures offered and guar­ term lease if all obligations thereunder [PR Doc.71-6607 Filed 5-ll-71;8:48 am ] anteed by the Small Business Admin­ istration. can be met from current revenues. These revenues include ad valorem PART 213— EXCEPTED SERVICE (a ) Request. The Comptroller of the school taxes, State reimbursements and Currency has been requested to rule on other revenues. Department of Housing and Urban the eligibility for purchase, dealing in, Development (2) The Authority is issuing these underwriting and unlimited holding by bonds to finance the acquisition, con­ Section 213.3384 of Schedule C is national banks under paragraph Seventh struction and equipping of a new senior amended to show the following title of 12 UJS.C. 24 of $30 million Debentures high school building to be known as East changes: from Deputy Assistant Secre­ due M ay 1,1981, issued by small business Senior High School. investment companies and offered fully tary for Metropolitan Planning and De­ (3) The new school will be constructed guaranteed as to principal and interest velopment to Deputy Assistant Secretary in part on land previously acquired by by the Small Business Administration. for Community Planning and Manage­ the Authority in connection with the ment; from Deputy Assistant Secretary (b) Opinion. (1) The Small Business construction of another school which the for Model Cities to Deputy Assistant Administration (SBA), an agency of the Authority has leased to the School Dis­ sectary for Community Development. United States, proposes to acquire, trict and in part on additional land Effective on publication in the F ederal through direct loans made in accordance which the Authority will acquire from Register (5-12-71), the headnote and with the Small Business Investment Act the School District and which will be subparagraph (8) of paragraph (d), and o f 1958, subordinated debentures issued added to the property which is subject the headnote and subparagraph (5) o f by small business investment companies to the lease. The School District has un­ paragraph (e) are amended as set out and to sell these debentures to private below. conditionally promised in a supplemental investors or underwriters with a guar­ lease agreement to pay annual lease § -13.3384 Department of Housing and anty by the SBA of timely payment of rentals to the Authority in amounts suffi­ Urban Development. principal and interest, subject to the cient to provide for the payment of the ***** right of SBA to substitute a similar de­ principal of and interest on the bonds (d) Office of the Assistant Secretary benture held by it for one in default held as well as other necessary expenses. tor Community Planning and Develop­ by a purchaser. (4) r The School District is authorized (2) In an opinion of April 14,1971, ad­and directed under the School Code to deputy Assistant Secretary for dressed to the Administrator, Small levy an unlimited annual tax on the community Planning and Development. Business Administration, the Attorney assessed valuation of taxable real estate * * * * * General of the United States ruled with to pay rentals due the Authority. The respect to this offering that the guar­ School Code also provides that if any Offtce of the Assistant Secretary anties are authorized under Federal law 1 t z^^l^tinity Development. * * * school district fails to pay any rental and would constitute general obligations payment due any municipal authority in Cftmm, Assistant Secretary for of the United States secured by its full community Development. accordance with the terms of any school faith and credit. lease, the State Superintendent of Pub­ 58 Comp.,3p ° 2 i ^ 02’ E O- 10077: 3 CFR 1954- (c) Ruling. It is our conclusion that lic Education shall, after appropriate small business investment company de­ notice, withhold from any State appro­ U n ite d S tates C iv il S er v- bentures offered and guaranteed by the priation due the school district an r . xce C o m m is s io n , Small Business Administration are obli­ amount equal to the amount owing and lseal] Jam es C. S p r y , gations of the United States and are shall pay such sum to the municipal Executive Assistant to eligible for purchase, dealing in, under­ authority. the Commissioners. writing and unlimited holding by na­ (c) Ruling. It is our conclusion that [FR Doc.71-6608 Filed 5-11- 71;8:48 am] tional banks under paragraph Seventh of the $5,985,000 West Chester Area Joint

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, 'MAY 12, 197T 8724 RULES AND REGULATIONS

Series of 1971, are general obligations of (c) Ruling. It is our conclusion thatand 378, respectively, of the Special Reg­ a State or a political subdivision thereof the $70,500,000 Expressway Bonds, Series ulations (14 CFR Parts 373 and 378).* under paragraph Seventh of 12 U.S.C. 24 of 1970, issued in the name of the State Specifically, study group charterers and and accordingly are eligible for purchase, of Florida by the Division of Bond Fi­ tour operators, as the case may be, will be dealing in, underwriting and unlimited nance for and on behalf of Orlando- required to retain (1) documents reflect­ holding by national banks. (Acting Orange County Expressway Authority, ing deposits made by tour or study group Comptroller’s letter dated May 4, 1971.) are general obligations of a State under participants; (2) receipts from vendors of goods and services furnished in con­ § 1.309 State o f Florida Expressway paragraph Seventh of 12 U.S.C. 24 and nection with study group charters or in­ Bonds. accordingly are eligible for purchase, dealing in, underwriting and unlimited clusive tours; and (3) documents reflect­ (a ) Request. The Comptroller of the holding by national banks. (Acting ing payments received by retail travel ' Currency has been requested to rule on Comptroller’s letter dated May 6, 1971.) agents.4 the eligibility of the $70,500,000 Express­ In the interest of uniformity, we are Dated: M ay 6, 1971. way Bonds, Series of 1970, issued in the amending Part 249 to include the fore­ name of the State of Florida by the Di­ [ s e a l ] W il l ia m B. C a m p , going record retention requirements. vision of Bond finance for and on behalf Comptroller of the Currency. Since the amended rules are identical to of the Orlando-Orange County Express­ [FR Doc.71-6579 Filed 5-ll-71;8:46 am] the requirements presently contained in way Authority for purchase, dealing in, § 373.8 of Part 373 and § 378.7 of Part underwriting and unlimited holding by 378, the Board finds that notice and pub­ national banks under paragraph Seventh Chapter V— Federal Home Loan lic procedure thereon are unnecessary, o f 12 U.S.C. 24. and the rule will be made effective im­ (b ) Opinion. (1) The Constitution of Bank Board mediately. the State of Florida authorizes the is­ SUBCHAPTER C— FEDERAL SAVINGS AND LOAN According, the Civil Aeronautics suance (when authorized by law) of state SYSTEM Board hereby amends Part 249 of the bonds pledging the full faith and credit [No. 71-418] Economic Regulations (14 CFR Part of the State to finance the acquisition 249) effective May 5, 1971, as follows:6 and construction of roads when such PART 545— OPERATIONS 1. Amend the Table of Contents by bonds are primarily payable from adding a title to new § 249.9. As amended, pledged tolls and portions of certain gas Closing of Books by Federal Savings the Table of Contents will read in perti­ taxes. Florida law has authorized the and Loan Associations; Correction nent part: issuance of such State bonds in the name M a y 4, 1971. Sec. of the State by the Division of Bond 249.9 Period of preservation of records by Finance on behalf of any State agency. Resolved that F.R. Doc. 71-5956, amending § 545.20 of the Rules and Regu­ tour operators and study group (2) The Orlando-Orange County Ex­ charterers. pressway Authority is a body politic and lations for the Federal Savings and Loan corporate and an agency of the State System (12 CFR 545.20), published in the 2. Amend § 249.1 to read as follows: issue dated April 29,1971, at 36 F.R. 8029, created by Florida law with the right to § 249.1 Applicability. acquire, hold, construct, improve, main­ is corrected by changing the figure “30” Except as otherwise provided in this tain, operate, own and lease in the ca­ to read “ 31” in the first sentence. subpart or other parts of this subchap­ pacity of lessor, the Orlando-Orange By the Federal Home Loan Bank ter, the provisions of this subpart shall county expressway system; to enter into Board. apply to (a) air carriers, as defined in and make lease-purchase agreements section. 101(3) of the Act, which hold with the Department of Transportation; [ s e a l ] J a c k C arter, Secretary. certificates of public convenience and and to borrow money and issue its bonds necessity, supplemental air carriers, sub­ to finance such projects. The Authority [FR Doc.71-6584 Filed 5-ll-71;8:46 am] ject to the reporting requirements of has issued $7 million Expressway Bonds, Part 241 of this subchapter and former Series of 1965, to finance an expressway Part 242 of this subchapter, (b) holders project which was leased to the State of a permit authorizing the navigation Road Department (now Department of Title 14— AERONAUTICS in the United States of foreign civil air­ Transportation) under a lease-purchase craft pursuant to Part 375 of this chap­ agreement. ter (Board’s special regulations), (c) (3) The Division of Bond Finance is AND SPACE foreign air carriers, as defined in sec­ issuing these bonds on behalf of the Au­ Chapter II— Civil Aeronautics Board thority to finance the acquisition and tion 101(19) of the Act, (d) tour opera­ construction of the East-West Express­ SUBCHAPTER A— ECONOMIC REGULATIONS tors as defined in § 378.2(d) of this way in Orange County. The completed [Reg. ER-689; Arndt. 15] chapter, and (e) study group charterers project will be leased to the Department PART 249— PRESERVATION OF AIR as defined in § 373.2 of this chapter. of Transportation under a supplemental 3. Amend § 249.2 by adding definitions lease-purchase agreement. Under the CARRIER ACCOUNTS, RECORDS lease-purchase agreement of 1965 and AND MEMORANDA of “study group charterer,” and “tour the supplemental agreement of 1970, the operator,” as follows: principal of an interest on the Series of Preservation of Records by Study § 249.2 Definitions. 1965 bonds and these bonds, will be Group Charterers and Tour Opera­ For the purposes of this part: equally secured and payable from rentals tors to be paid to the Authority by the De­ * ■ # * * * partment of Transportation. The rentals Adopted by the Civil Aeronautics “Study group charterer” means any will consist of revenues derived from the Board at its office in Washington, D.C., citizen of the United States, as defined m Expressway System (which includes the on the 5th day o f M ay 1971. section 101(13) of the Federal Aviation 1965 project and the 1970 project) and In SPR-46,1 and SPR-45,2 the Board certain gas taxes. inter alia, adopted certain record-reten­ 3 In SPR-46, the Board issued new (4) These bonds have been validated tion requirements for study group char­ ;o authorize, subject to the conditions in accordance with Florida law by a Flor­ rided therein, study group charters by ida Circuit Court as fully authorized terers and tour operators in Parts 373 Ur carriers and study group charterers. State Bonds secured by a valid pledge of 4 This requirement does not a p p l y travel the full faith and credit of the State of 1 Adopted Mar. 30, 1971 and effective May 8, jroup charter operations wherein tne Florida. A validation judgment relating 1971. igent acts on behalf of the direct ^ ts 3 Appropriate implementing amendmen to similar bonds has been affirmed by the 3 Adopted Mar. 30, 1971 and effective May 8, X) §§ 249.1 and 249.2 are also included. Florida Supreme Court. 1971.

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 RULES AND REGULATIONS 8725

Act (other than a direct air carrier), au­ SUBCHAPTER D— SPECIAL REGULATIONS tion of foreign tour operators under thorized under the provision of Part 373 [Reg. SPR-47; Amdt. 3] Parts 378 or 378a or, in the case of Part of this chapter (14 CFR Part 373) — 378, to prohibit the applicable direct air to engage in the formation of study PART 378-—INCLUSIVE TOURS BY carriers from chartering to them. There­ groups for transportation on study group SUPPLEMENTAL AIR CARRIERS, fore, to the extent that any ambiguity charters. CERTAIN FOREIGN AIR CARRIERS, may exist concerning this matter, the ***** definitions of “Foreign tour operator” in AND TOUR OPERATORS “Tour operator” means any citizen of Parts 378 and 378a, respectively, are the United States, as defined in section Definition of Foreign Tour Operators being amended to include persons hold­ 101(13) of the Federal Aviation Act ing permits authorizing them to engage (other than a supplemental air carrier), Adopted by the Civil Aeronautics in U.S. originated tours. authorized under the provision of Part Board at its office in Washington, D.C., In addition, clarification of Parts 378 378 of this chapter to engage in the on the 7 th day of May 1971. and 378a is desirable to specify with par­ formation of groups for transportation Part 378 establishes the terms and ticularity the provisions of these parts on inclusive tours. conditions governing the furnishing of that are applicable to foreign tour opera­ ***** inclusive tours in interstate, overseas, tors holding authority to engage in U.S. and foreign air transportation by supple­ originating tours, since no such foreign 4. Add new § 249.9 to read as mental air carriers, certain foreign air tour operator was in existence at the follows: carriers1 and tour operators, and, in time these rules were issued.3 The Board § 249.9 Period o f preservation of rec­ foreign air transportation, by foreign considers it manifest that such foreign ords by tour operators and study tour operators. Section 378.2(d-l) de­ tour operators should, with respect to group charterers. fines “foreign tour operator” as “any U.S. originating tours, be under the same (a) Every tour operator conducting a person who is not a U.S. citizen (other restrictions as “ tour operators” ; i.e., per­ than a direct foreign air carrier) en­ tour pursuant to Part 378 of this chap­ sons of U.S. citizenship (other than a ter shall retain for 2 years after comple­ gaging in the formation of groups for direct air carrier) authorized by Parts transportation on inclusive tours and tion of the tom or series of tours true 378 or 378a to engage in the formation copies of the following documents at its over which the Board by § 378.3a has de­ of groups for transportation on ITC ’s or principal or general office in the United clined to exercise its jurisdiction.” The B IT’S, respectively. Otherwise these for­ States and shall make them available declination of jurisdiction in the latter eign tour operators would have an undue upon request by an authorized represent­ section is “over foreign tour operators competitive advantage over tour opera­ ative of the Board. with respect to inclusive tours which tors. This interpretation of the provisions (1) All receipts and statements of originate in a foreign country.” Similar to be applicable to foreign tour operators travel agents, and all other documents provisions appear in Part 378a (Bulk is consistent with the Board’s require­ which evidence or reflect deposits made Inclusive Tours by Tour Operators) con­ ment that direct foreign air carriers by each tour participant; cerning foreign tour operators engaging holding ITC authority shall comply with in the formation of groups for transpor­ (2) All receipts and statements of Part 378 to the same extent as U.S. sup- tation on bulk inclusive tours. (§§ 378a. plementals in order not to give un­ travel agents, and all other documents 2(b) and 378a.8.) which evidence or reflect commissions due competitive advantage to foreign received by, paid to, or deducted by The Board recently, and for the first carriers.4 travel agents in connection with the tour time, issued a foreign air carrier permit Accordingly, Part 378 is being amended or series of tours; and authorizing the holder to conduct opera­ to add such foreign tour operators to the tions within the United States as a for­ provisions of §§ 378.7 (Record retention), (3) All statements, invoices, bills, and eign tour operator.2 While, as noted, the 378.10 (Procedure), 378.11 (Discrimina­ receipts from suppliers or furnishers term “over which the Board * * * has tion) , 378.12 (Methods of competition), of goods or services in connection with the tour or series of tours. declined to exercise its jurisdiction” ap­ 378.13 (Tour Prospectus), 378.14 (Char­ pears as, a part of the definitions of for­ ter contract), 378.16 (Surety bond), (b) Every study group charterer con­ eign tour operator in Parts 378 and 378a, 378.16a (Reporting requirements), 378.17 ducting a study group charter pursuant that term was merely descriptive of then (Contract between tour operators and to Part 373 of this chapter shall retain existing such operators and does not tour participants), 378.18 (Disburse­ for 2 years after completion of the study necessarily render inapplicable to the ments from depository account), 378.19 Sroup charter or series of study group holder of a section 402 permit the sub­ and 378.20 (Post tour reporting) .5 charters true copies of the following doc­ stantive portion of the definition defining Since the amendments herein are in­ uments at its principal or general office terpretive and clarifying in character, m t*ie1Pn^ed States and shall make them a foreign tour operator as “any person notice and public procedure thereon are available upon request by an authorized who is not a U.S. citizen (other than a unnecessary, and the rule will be made representative of the Board. direct foreign air carrier) engaging in effective on less than 30 days’ notice. documents which evidence or the formation of groups for transporta­ Accordingly, the Civil Aeronautics nect deposits made by each student tion in inclusive tours. * * * ” Moreover, Participant; and. Board hereby amends Part 378 of its there was no intent to exclude such for­ special Regulations (14 CFR Part 378) . J 2? xA11 statements, invoices, bills, and eign tour operators from the classifica- effective on May 8, 1971, as follows: receipte from suppliers or furnishers of gooas or services in connection with the 1. Amend the table of contents to re­ vise the title of § 378.17. As amended, tn-mi™ gF.0Up charter or series of study 11.e., those holding permits authorizing sroup charters. them to perform inclusive tour charters. the table of contents will read in perti­ 2Kuoni Travel Limited (Switzerland), nent part: Ac^nf 2i°(fcoan

No. 92- — 2 FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8726 RULES AND REGULATIONS

Sec. § 378.10 Procedure. tour operator or foreign tour operator * • * • * (a) No inclusive tour or series of toursshall state the name of the supplemental 378.17 Contract between tour operators or air carrier to be utilized). foreign tour operators and tour shall be operated, nor shall any tour participants. operator or foreign tour operator sell or § 378.14 Charter contract. * * ♦ * * offer to sell, solicit, or advertise such tour or tours, unless there is on file with The charter contract between the tour 2. Amend § 378.2(d-l) to read as the Board a Torn Prospectus satisfying operator or foreign tour operator and the follows: the requirements of § 378.13. If a series supplemental carrier shall evidence a binding commitment on the part of the § 378.2 Definitions. of tours is to be operated for one tom operator or foreign tour operator pur­ carrier to furnish the air transportation As used in this part, unless the context required for the tom or tours covered otherwise requires * * * suant to one charter contract, the Pros­ pectus may cover the entire series, pro­ by the contract. 4c 4> 4c 4: 4c vided the elapsed time between the 5. Amend §§ 378.16,378.16a, and 378.17 (d—1) “Foreign tour operator” means commencement of the first tour and the and the title of the latter to read as any person who is not a U.S. citizen departure of the last tom shall not ex­ follows: (other than a direct foreign air carrier): ceed 1 year. The Tom Prospectus shall §378.16 Surety bond. (i) Who is engaged in the formation be filed at least 60 days before com­ of groups for transportation on inclusive mencement of the tom or tours. Late (a) Except as provided in paragraph tours which originate in a foreign coun­ filing of the Prospectus will not be per­ (b) of this section, the tom operator or try and over whom the board by § 378.3a mitted except for good cause shown. foreign tour operator shall furnish a has declined to exercise its jurisdiction; * * 4t * * surety bond in one of the following and/or amounts dependent upon the length of § 378.11 Discrimination. (ii) Who is engaged in the formation the to m : (1) For a tom of 2 weeks or less, of groups for transportation on inclusive No tour operator or foreign tour opera­ a bond in an amount of not less than the tours which originate in the United tor shall make, give, or cause any undue charter price for the air transportation States and who holds a permit issued or unreasonable preference or advantage to be furnished in connection with such pursuant to section 402 of the Act au­ to any particular person, port, locality, tour; (2 ) for a tour of more than 2 weeks thorizing such transportation. “Foreign or description of traffic in air transpor­ but less than 4 weeks, a bond in an tour operator” as used in §§ 378.7, 378.10- tation in any respect whatsoever or sub­ amount of not less than twice the charter 378.14, 378.16, 378.16a, 378.17, 378.18, and ject any particular person, port, locality, price; and (3) for a tom of 4 weeks or 378.20 is confined to the meaning set or description of traffic in air transpor­ more, a bond in an amount of not less forth in this subparagraph. tation to any unjust discrimination or than three times the charter price: Pro­ 3. Amend § 378.7 to read as follows: any undue or unreasonable prejudice or vided, however, That the liability of the disadvantage in any respect whatsoever. smety to any tom participant shall not § 378.7 Record retention.6 exceed the tom price. (a) Every tour operator or foreign § 378.12 Methods c f competition. (b ) The supplemental air carrier and tour operator conducting a tour pursuant No tour operator or foreign tour opera­ the prospective tom operator or foreign to this part shall retain for 2 years after tor shall engage in unfair or deceptive tom operator may elect, in lieu of fur­ completion of the tour or series of tours practices or unfair methods of competi­ nishing a surety bond as provided under true copies of the following documents at tion in air transportation or the sale paragraph (a ) of this section, to comply its principal or general office in the thereof. Advertising by tour operators or with the requirements of subparagraphs United States: foreign tour operators of tom prices shall (1) and (2) of this paragraph as follows: (1) All receipts and statements of be limited to the total tom price without (1) The tom operator or foreign tour travel agents, and all other documents a breakdown into component parts, ex­ operator shall furnish a surety bond in a which evidence or reflect deposits made cept that additional charges for optional minimum amount of $10,000 per flight by each tour participant; services or facilities may be reflected. up to a maximum amount of $200,000 for (2) All receipts and statements of § 378.13 Tour prospectus. a series of 20 or more flights, for the pro­ travel agents, and all other documents tection of the tom participants, the bond which evidence or reflect commissions The prospectus shall include copies of to continue in effect until completion of received by, paid to or deducted by travel the charter contract, the contract be­ the tom or series of toms: Provided, agents in connection with the tour or tween the tom operator or foreign tom however, That the liability of the surety series of tours; operator and tour participants, the tour to any tour participant shall not exceed (3) All statements, invoices, bills, and operator’s or foreign tom operator’s the tom price. receipts from suppliers or furnishers of smety bond and, where applicable, a (2) The supplemental air carrier and goods or services in connection with the copy of the depository agreement with a tour operator or foreign tom operator tour or series of tours. bank as provided in § 378.16(b) (2 ), and shall enter into an agreement with a (b) Every tour operator or foreign shall contain the following information: designated bank, the terms of which shall tour operator shall make the documents (a) Name and' address of the tom provide that all deposits by tom partici- listed in this section available in the operator or the foreign tom operator; pants paid to tom operators or foreign United States upon request by an au­ (b) The proposed date and time of tour operators and their retail trave thorized representative of the Board and each flight; agents shall be deposited with and main­ shall permit such representative to make (c) Equipment to be used, including tained by the bank subject to the follow­ such notes and copies thereof as he the aggregate number of each type of ing conditions: deems appropriate. aircraft and capacity; (i) On sales made to tom participants 4. Amend §§ 378.10 through 378.14 to (d) The tom itinerary, including ho­ by tour operators or foreign tom opera­ read as follows: tels (name and length of stay at each), tors the participant shall pay by chec and sightseeing or other arrangements, or money order payable to the bank; o if any; sales made to tom participants by ret 6 Whoever, In any matter within the juris­ (e) The tom price per passenger; diction of any department or agency of the travel agents, the retail travel agent m y United States knowingly and willfully falsi­ (f) The number of persons expected deduct his commission and remit i fies, conceals or covers up by any trick, to participate in the tom; balance to the designated ^an^ri^y .cnfVlP scheme, or device a material fact, or makes (g) Charter price of the aircraft; Or money order: Provided, That, J any false, fictitious or fraudulent statements (h) The individually ticketed air fare, travel agent agrees in writing with r or representations, or makes or uses any false computed as provided in § 378.2(b) (4 ); tom operator or foreign tom opera writing or document knowing the same to that if the tom is canceled, the tray« contain any false, fictitious, or fraudulent (i) Samples of solicitation material statement or entry, shall be fined not more proposed by the tom operator or foreign agent shall remit to the bank the i than $10,000 or imprisoned not more than 6 tom operator (all sales advertising and amount o f commission previously ab­ years, or both. Title 18, U.S.C. § 100L solicitation materials employed by the ducted or received within 10 days ai

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 RULES AND REGULATIONS 8727 receipt of notification of cancellation of tional securities shall be placed in escrow amount of deposits received and dis­ the tour; so as to compensate for such decrease in bursed during the month; and (2) by the (ii) The bank shall pay the supple­ value below 20 percent; tour operator or foreign operator show­ mental air carrier the charter price for (ix ) Except as provided in subdivisions ing, for the reporting period, the total the transportation not earlier than 60 (ii), (iii), (iv ), (v ), and (viii) of this sub- amount of customer deposits received by days (including day of departure) prior paragraph, the bank shall not pay out him or his agents, the amount of commis­ to the scheduled day of departure of the any funds from the account prior to 2 sions deducted therefrom by said agents, originating or returning flight, upon cer­ banking days after completion of each the amount of commissions repaid by said tification of the departure date by the tour, when the balance in the account agents to the depository account, as well supplemental air carrier: Provided, That, shall be paid to the tour operator or for­ as the amount of refunds made by the in the case of a round-trip charter con­ eign tour operator, upon certification of tour operator or foreign tour operator or tract to be performed by one carrier, the the completion date by the supplemental the bank to tour participants: Provided, total round-trip charter price shall be air carrier. That, the depository bank may, in lieu paid to the carrier not earlier than 60 (c) The bond required under para­ of subparagraph (1) of this paragraph, days prior to the scheduled day of de­ graphs (a) and (b) of this section shall elect to file a duplicate monthly state­ parture of the originating flight; insure the financial responsibility of the ment of the same type it provides to de­ (iii) The bank shall reimburse the tour tour operator or foreign tour operator positors and, when so elected, the re­ operator or foreign tour operator for re­ and the supplying of the transportation porting period for the tour operator or funds made by the latter to the tom* and all other accommodations, services, foreign tour operator in (2) above shall participant upon written notification and facilities in accordance with the con­ correspond to the reporting period of the from the tour operator or foreign tour tract between the tour operator or for­ bank. The term “bank” shall have the operator; eign tour operator and the tour partici­ meaning set forth in § 378.16. The re­ (iv) If the tour operator, foreign tom1 pants, and shall be in the form set forth ports shall be certified by the officer in operator or the supplemental air carrier following § 378.31.7 Such bond shall be charge of the bank’s or the tour opera­ notifies the bank that a tour has been issued by a reputable and financially tor’s or foreign tour operator’s accounts, canceled, the bank shall make applicable responsible bonding or surety company as the case may be, and the certification refunds directly to the tour participants; which is legally authorized to issue bonds shall be in the following form: (v) After the charter price has been of that type in the State in which the Certification * paid in full to the supplemental air car­ tour originates. For purposes of this sec­ tion, the term “State” includes any ter­ I, the undersigned rier, the bank shall pay funds from the (Title of officer in account directly to the hotels, sightseeing ritory or possession of the United States, charge of accounts) enterprises, or other persons or com­ or the District of Columbia. The Board of the panies furnishing surface accommoda­ will consider that a bonding or surety (Full name of reporting company) tions or services in connection with the company is prima facie qualified under do certify that this report and all supporting tour or series of tours upon presentation this section if such company’s surety documents which are submitted herewith, to the bank of vendors’ bills and upon bonds are accepted by the Interstate filed for the above indicated period, have Commerce Commission under 49 CFR been prepared by me or under my direction; certification by the.tour operator or fo r­ that I have carefully examined them and eign tour operator of the amounts pay­ 1084.6, and if such company is listed in declare that, to the best of my knowledge and able for such surface accommodations or Best’s Insurance Reports (Fire and Cas­ belief, the information contained therein is services and the persons or companies to ualty ) with a general policyholders’ rat­ complete and accurate. whom payment is to be made : Provided, ing of “A ” or better. If the bond does not however, That the total amounts paid by comply with the requirements of this sec­ (Signature) the bank pursuant to subdivisions (ii) tion, or for any reason fails to provide and (v) of this subparagraph shall not satisfactory or adequate protection for (Bank or tour operator’s the public, the Board will notify the or foreign tour opera­ exceed 80 percent of the total deposits tor’s post office address) received by the bank less any refunds supplemental air carrier and the tour Date ______19___ made to tour participants pursuant to operator or foreign tour operator, by subdivisions (iii) and (iv ) of this registered or certified mail, stating the § 378.17 Contract between tour opera­ subparagraph; deficiencies of the bond. Unless such tors or foreign tour operators and tour participants. (vi) As used in this section, the term deficiencies are corrected within the time ‘bank” includes a bank, savings and loan set forth in such notification, the subject Where each participant in a tour re­ association, or other financial institution tour or tours shall in no event be ceives the same accommodations, land insured by the Federal Deposit Insur­ operated. tours, etc., the contract between the ance Corporation or the Federal Savings (d) The bond required by this section tour operator or foreign tour operator and Loan Insurance Corporation; shall provide that unless the tour partici­ and the tour participants shall be the (vii) The bank shall maintain a sep­ pant files a claim with the tour operator same. Contracts between tour operators arate accounting for each tour; or foreign tour operator within sixty (60) or foreign tour operators and tour par­ (viii) Notwithstanding any provisions days after completion of the tour, the ticipants shall include provisions con­ above, the amount of total deposits re­ surety shall be released from all liability cerning the following matters : quired to be maintained in the depository under the bond to such tour participant. (a) Method of payment, e.g., install­ account of the bank may be reduced by The contract between the tour operator ment payments; one or both of the follow ing: the amount or foreign tour operator and the tour (b) Refunds in the event of the tour’s oi any surety bond in the form prescribed participant shall contain notice of this cancellation or the passenger’s change herein in excess of the minimum bond provision. of plans; (c) Carriers’ liability limitations for required by paragraph (b) (1) of this sec- § 378.16a Reporting requirements. on; an escrow with the designated passengers’ baggage; ank of Federal, State, or municipal If a tour operator or foreign tour op­ (d) Aircraft equipment substitutions; onds or other negotiable securities erator relies upon the bond-depository (e) Seating accommodations; and - option of § 378.16(b) for compliance with (f) Nonperformance of tour because av u are hugely traded on a securities ^change: Provided, That such other the requirements of that section, the fol­ lowing monthly reports shall be filed with ecurities shall be substituted for cash in * Title 18 U.S.C. section 1001, Crimes and nf+v!m0Unt no greater than 80 percent the Board’s Bureau of Operating Rights Criminal Procedure, makes it a criminal their market value at time of deposit not later than the 10th day of the month offense, subject to a maximum fine of $10,000 es,cr°w with the bank; And provided, succeeding the reporting period: (1) By or imprisonment for not more than 5 years siinh ri/r*iat should the valuation of the depository bank showing the total or both, to knowingly and willfully make „ n other securities decrease in an or cause to be made any false or fraudulent statements or representations in any matter ¿mount in excess of 20 percent of the val­ 7 Filed as part of reissued document within jurisdiction of any agency of the uation at time of original deposit, addi­ (SP R -4 0 ). United States.

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8728 RULES AND REGULATIONS of insufficient number of participants. from those described in the prospectus by § 378a.8 has declined to exercise its (g) Unless the tour participant files filed under § 378.10, such differences shall jurisdiction; and/or a claim with the tour operator or for­ be fully detailed including the reasons (2) Who is engaged in the formation eign tour operator within sixty (60) days therefor. However, the making of such of groups for transportation on bulk in­ after completion of the tour, the surety an explanation shall not of itself oper­ clusive tours which originate in the shall be released from all liability under ate as authority for or excuse any such United States and who holds a permit the bond to such tour participant (see deviation. issued pursuant to section 402 of the Act § 378.16(d)). (b) The supplemental air carrier shallauthorizing such transportation. “For­ 5. Amend § 378.18 to read as follows: promptly notify the Board regarding any eign tour operator” as used in tours covered by a prospectus filed under §§ 378a.10-378a.14 and 378a.20, is con­ § 378.18 Disbursements from deposi­ § 378.10 that are later canceled. fined to the meaning set forth in this tory account. (Secs. 204(a), 401, and 402 of the Federal subparagraph. No tour operator or foreign tour opera­ Aviation Act of 1958, as amended, 72 Stat. 3. Amend §§ 378a.10 through 378a,14 tor shall cause its agents or the deposi­ 743, 754 (as amended), 757; 49 U.S.C. 1324, and 378a.20, including the title of tory bank to make disbursements or 1371,1372) § 378a.l4, to read as follows: payments from tour-participant deposits By the Civil Aeronautics Board. § 378a.l0 Procedure. except in accordance with the provisions of this part. [ s e a l ] H ar r y J. Z i n k , No bulk inclusive tour or series of tours 6. Amend §§ 378.19 and 378.20 to read Secretary. shall be operated, nor shall any tour op­ erator or foreign tour operator sell or as follows: [FR Doc.71-6615 Filed 5-ll-71;8:49 am] offer to sell, solicit, or advertise such § 378.19 Inclusive tours operated by tour or tours, unless there is on file with U .s . supplemental carriers for for­ [Reg. SPR—48; Arndt. 5] the Board the form of contract between eign tour oner a tors. the tour operator or foreign tour opera­ (а) At last 90 days in advance of the PART 378a— BULK INCLUSIVE TOURS tor and tour participants, the tour op­ date of departure of the proposed tour BY TOUR OPERATORS erator’s or foreign tour operator’s surety or series of tours to be operated by a bond and, where applicable, a copy of the U.S. supplemental air carrier for a for­ Definition of Foreign Tour Operators depository agreement with a bank as pro­ eign tour operator as defined in § 378.2 Adopted by the Civil Aeronautics vided in § 378a.l3(b) (2). These docu­ (d-1) (i), the supplemental carrier shall Board at its office in Washington, D.C., ments shall be filed at least 60 days file with the Civil Aeronautics Board on the 7th day of May 1971. before commencement of the tour or (Director, Bureau of Operating Rights) For the reasons set forth in SPR-47, tours and late filing will not be permit­ a Tour Prospectus which shall contain issued contemporaneously, the definition ted except for good cause shown. the following information: of “foreign tour operator” in § 378a.2 is § 378a. 11 Discrimination. (1) Name and address of the foreign being amended to include persons hold­ tour operator; ing permits authorizing them to engage No tour operator or foreign tour op­ (2) The proposed date and time of in U.S. originated tours. In addition Part erator shall make, give, or cause any each flight; 378a is being amended to add such for­ undue or unreasonable preference or ad­ (3) Equipment to be used, including eign tour operators to the provisions of vantage to any particular person, port, the aggregate number of each type of §§ 378a.l0 (Procedure), 378a.ll (Dis­ locality, or description of traffic in air transportation in any respect whatsoever aircraft and capacity; crimination) , 378a.12 (Methods of com­ or subject any particular person, port, lo­ (4) The tour itinerary, including ho­ petition) , 378a.l3 (Surety bond), 378a.l4 cality, or description of traffic in air tels (name and length of stay at each), (Contract between tour operators and transportation to any unjust discrimina­ and sightseeing or other arrangements, tour participants), and 378a.20 (W aiver). tion or any undue or unreasonable preju­ if any; Since the amendments herein are in­ dice or disadvantage in any respect (5) The tour price per passenger; terpretive and clarifying in character, whatsoever. (б) The number of persons expected notice and public procedure thereon are to participate in the tour; unnecessary, and the rule will be made § 378a.l2 Methods o f competition. (7) Charter price of the aircraf t; effective on less than 30 days’ notice. No tour operator or foreign tour op­ (8) The individually ticketed air fare, Accordingly, the Civil Aeronautics erator shall engage in unfair or deceptive computed as provided in § 378.2(b) (4 ). Board amends Part 378a of its Special practices or unfair methods of competi­ Regulations (14 CFR Part 378a), effective tion in air transportation or the sale

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 RULES AND REGULATIONS 8729

(1) The tour operator or foreign tour reputable and financially responsible foreign tour operator of a written request operator shall furnish a surety bond in bonding or surety company which is therefor: Provided, That such a waiver a minimum amount of $10,000 per flight legally authorized to issue bonds of that is in the public interest and it appears to up to a maximum amount of $100,000 type in the State in which the tour the Board that special or unusual cir­ for a series of 10 or more flights, for the originates. For purposes of this section, cumstances warrant a departure from the protection of the tour participants, the the term “State” includes any- territory provisions set forth herein. bond to continue in effect until comple­ or possession of the United States, or the tion of the tour or series o f tours: Pro­ (Sec. 204(a) of the Federal Aviation Act of District of Columbia. The Board will con­ 1958, as amended; 72 Stat. 743; 49 XJ.S.C. vided, however, That the liability of the sider that a bonding or surety company 1324) surety to any tour participant shall not is prima facie qualified under this sec­ exceed the tour price. tion if such company’s surety bonds are By the Civil Aeronautics Board. (2) The direct air carrier and tour op-' accepted by the Interstate Commerce [ s e a l ] H arry J. Z i n k , erator or foreign tour operator shall Commission under 49 CFR 1084.6, and Secretary. enter into an ageement with a designated if such company is listed in Best’s Insur­ [FR Doc.71-6616 Filed 5-ll-71;8:49 am] bank, the terms of which shall include ance Reports (Fire and Casualty) with the following: a general policyholders’ rating of “A” or (i) Each tour participant shall pay for better. If the bond does not comply with his deposit and subsequent payments the requirements of this section, or for comprising the tour price only by check any reason fails to provide satisfactory Title 17— COMMODITY AND or money order payable to such bank or adequate protection for the public, the which shall maintain a separate account " Board will notify the direct air carrier SECURITIES EXCHANGES for each tour: Provided, however, That and the tour operator or foreign tour if the tour participant makes a cash operator, by registered or certified mail, Chapter II— Securities and Exchange deposit, the tour operator, foreign tour stating the deficiencies of the bond. Un­ Commission operator, or travel agent who receives less such deficiencies are corrected within [Release No. IG-6440] such cash deposit shall forthwith remit the time set forth in such notification, to the designated bank a check for the the subject tour or tours shall in no PART 270— RULES AND REGULA­ full amount of the deposit without deduc­ event be operated. TIONS, INVESTMENT COMPANY tion of commission; (d) The bond required by this section ACT OF 1940 (ii) The bank shall not pay the direct shall provide that unless the tour par­ air carrier the price for the transporta­ ticipant files a claim with the tour op­ PART 271— INTERPRETATIVE RE­ tion earlier than 30 days (including day erator or foreign tour operator within of departure) prior to the scheduled day LEASES RELATING TO THE INVEST­ sixty (60) days after completion of the of departure of the originating or return­ tour, the surety shall be released from MENT COMPANY ACT OF 1940 ing flight, upon certification of the de­ all liability under the bond to such tour AND RULE AND REGULATIONS parture date by the direct air carrier ; participant. The contract between the (iii) The bank shall reimburse the THEREUNDER tour operator or foreign tour operator tour operator or foreign tour operator and the tour participant shall contain for refunds made by the latter to the Repeal of Certain Exemptions; Pyra­ notice of this provision. tour participant upon written notifica­ miding of Investment Companies; tion from the tour operator or foreign § 378a.14 Contract between tour oper­ Regulation of Fund Holding Com­ tour operator; ators or foreign tour ooerators and (iv) If the tour operator, foreign tour tour participants. panies operator or the direct air carrier notifies Where each participant in a tour re­ Changes in the Investment Company the bank that a tour has been canceled, ceives the same accommodation, land Act of 1940 made by the Investment the bank shall make the applicable re­ tours, etc., the contract between the tour Company Amendments Act of 1970 funds directly to the tour participants; operator or foreign tom- operator and (Public Law 91-547) relating to the re­ and the tour participants shall be the same. peal and modification of exemptions for (v) Except as provided in subdivision Contracts between tour operators or certain companies; the pyramiding of uu) of the subparagraph, the bank shall foreign tour operators and tour partici­ investment companies and the regula­ not pay any funds from the account to pants shall include provisions concern­ tion of fund holding companies; and re- :ne tour operator or foreign tour opera­ ing the following matters : cission of Rule llb-1 under the Invest­ tor prior to 2 banking days after com­ (a) Method of payment, e.g., install­ ment Company Act. pletion of each tour, when the balance ment payments; This is the fourth in a series of releases the account shall be paid to the tour on problems arising under the Invest­ operator or foreign tour operator upon (b) Refunds in the event of the tour’s ment Company Amendments Act of 1970 rtification of the completion date by cancellation or the passenger’s change (1970 A ct) (Public Law 91-547 (84 Stat. tne direct air carrier. As used in this in plans; 1413) ), enacted December 14, 1970.1 The subparagraph, the term “ bank” includes (c) Carriers’ liability limitations for purpose of the release is to call to the ank, savings and loan association, or passengers’ baggage. attention of registered investment com­ ^ financial institution insured by (d) Nonperformance of tour because panies and other interested persons some e Federal Deposit Insurance Corpora- lon or the Federal Savings and Loan of insufficient number of participants; important amendments relating to the Insurance Corporation. and repeal and modification of certain ex­ emptions in the Investment Company (e) Unless the tour participant files a I? e, bond required under para- Act of 1940 (15 U.S.C. 80a—1 et seq.) and «¡ha?i i (a and (1) of this section claim with the tour operator or foreign to the pyramiding of investment com­ o f figure the financial responsibility tour operator within sixty (60) days SaS? tour operator or foreign tour op- panies and the regulation of fund holding after completion of the tour, the surety rator and the supplying of the transpor- companies under the Investment Com­ shall be released from all liability under ^ other accommodations, pany Act. The release also confirms that thp facilities in accordance with the bond to such tour participant (see Rifle llb -1 (17 CFR- 270.llb -1 ) under or fnriitraci k ^ 6611 the tour operator § 378a.l3(d) ). the Investment Company Act is super­ p a r t S S t toUr operat°r and the tour § 378a.20 W iver. seded and thus is hereby rescinded by the set and sha11 be in the form Commission. 378a ^ i he appendix to this Part A waiver of any of the provisions of — • ^Uch bond shall be issued by a this regulation may be granted by the Board upon its own initiative, or upon 1 See Investment Company Act Releases Issuan^fspR^g^ 83 Part °f original Nos. 6336 (36 F.R. 2867), 6392 (36 F.R. 2867), the submission by a tour operator or and 6430 (36 F.R. 7896).

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8730 RULES AND REGULATIONS

Repeal of exemptions for certain com­ result of such transaction, the limitations will be necessary for registered open-end panies. The 1970 Act (84 Stat. 1414) in that subparagraph would be exceeded. companies to maintain accurate and up- deletes the exception formerly provided In addition, subparagraph (A) makes it to-date records on all of its shareholders by section 3(c)(8) of the Investment known to be investment companies and unlawful for any investment company7 Company Act (15 U.S.C. 8 0 a -3 (c )(8 )) companies controlled by investment com­ for a company 90 percent or more of the and the companies it controls to pur­ panies,10 and such records must be made value of whose investment securities chase or otherwise acquire any security available to their principal underwriters. were represented by securities of a single issued by any registered investment com­ Relevant information on these matters issuer which is a bank, insurance com­ pany if, as a result of such transaction, should be made available to dealers who sell their securities. It would also be ad­ pany or other person enumerated in the limitations contained in that para­ paragraphs (4), (5), or (6) of section visable for registered open-end compa­ 3(c), as amended (formerly paragraphs graph would be exceeded.8 * nies, their underwriters and dealers to (5 ) , (6 ), (7 )), (84 Stat. 1414-1415.) Open-end investment companies and adopt procedures to ascertain the iden­ The/1970 Act (84 Stat. 1415) also modi­ persons selling the shares of such com­ tity of the ultimate purchaser when any fies the exclusion provided by section 3 panies should give special attention to person places an order for shares in an (c) (5) of the Investment Company Act new subparagraph (B) of section unusually large amount. (form erly section 3 (c )(6 )) (15 U.S.C. 12(d) (1). In addition to the prohibitions New subparagraph (C ) (84 Stat. 1417) 80a-3 (c) (6 )) to make such exclusion un­ imposes limitations, in addition to those imposed by subparagraph (A) on regis­ available to real estate, factoring and contained in subparagraph (A ), on pur­ other specified financing companies tered investment companies and the com­ chases by registered and other invest­ otherwise falling within the definition of panies they control on purchases of se­ ment companies of securities issued by investment company in section 3(a) of curities issued by other investment com­ registered closed-end investment com­ the Act (15 U.S.C. 80a~3 (a ) ), if they issue panies, subparagraph (B) (Public Law panies. Since the stock of closed-end companies is usually bought and sold in redeemable securities.2 91-547; 84 Stat. 1417) makes it unlawful Companies which had relied upon the secondary trading markets rather than for any registered investment company, exception provided by Section 3(c) (8) through the issuance of new shares as in and companies issuing redeemable securi­ its principal underwriter, or any broker- the case of open-end companies, it would ties which had relied upon section 3(c) dealer registered under the Securities be much more difficult for a seller to (6) before the enactment of the 1970 Act Exchange Act of 1934 (15 U.S.C. 78a et know how much of a closed-end com­ must therefore promptly register under seq.) knowingly to sell or otherwise to pany’s stock is owned by investment companies generally. Therefore, subpara­ the Investment Company Act. Also, regis­ dispose of a security issued by such reg­ tered investment companies should as­ graph (C) makes it unlawful for any in­ certain whether they have any securities istered company to any other invest­ vestment company and the companies it of investment companies, now required to ment company if, as a result of such controls to purchase or otherwise acquire register by the above amendments, in transactions, the limitations contained in any security issued by a registered that subparagraph would be exceeded.® In their portfolios in order to avoid the per­ closed-end investment company if, as a centage limitations on the acquisition of order to comply with this provision it result of the transaction, the acquiring investment company securities provided investment company, and other invest­ in section 12(d)(1), as amended by the 7 See footnote 6, supra. ment companies having, the same invest­ 1970 Act (84 Stat. 1417), discussed below. 8 The limitations would be exceeded and ment adviser, and companies controlled Limitations on the creation and opera­ subparagraph (A) would be violated if, im­ by such investment companies11 own tion of fund holding companies. Th e 1970 mediately after such purchase or acquisi­ Act amends section 12(d)(1) of the In­ tion, the acquiring investment company and more than 10 percent of the total out­ vestment Company Act to impose greater the companies it controls will own in the standing voting stock of such closed-end limitations on the pyramiding of invest­ aggregate (1) more than 3 percent of the company. ment companies and on the creation and total outstanding stock of the acquired in­ Subparagraph (D ) (84 Stat. 1418) re­ operation of fund holding companies.2 vestment company; or (2) securities issued by the acquired investment company having tains the exceptions provided in section New Subparagraph (A ) (84 Stat. 1417) an aggregate value in excess of 5 percent 12(d) (1) before enactment of the 1970 of section 12(d) (1) makes it unlawful for of the value of the total assets of the acquir­ any registered investment com pany4 and ing investment company; or (3) securities A ct from the prohibitions against trans­ the companies it controls5 to purchase or issued by the acquired investment company fer of investment company interests for otherwise acquire any security issued by and all other investment companies (other securities received as a dividend or as a any other investment company6 if, as a than treasury stock of the acquiring invest­ result of exchange offers under section ment company) having an aggregate value 11 and plans of reorganization other 3 “Redeemable security” is defined by sec­ in excess of 10 percent of the value of the tion 2(a) (32) of the Investment Company total assets of the acquiring investment com­ than a plan devised for the purpose of Act (84 Stat. 1413), formerly section 2(a) (31) pany. Limitations (1) and (2) are not by evading subparagraphs (A ) through (O . (15 U.S.C. 80a-2(a) (31) ). their terms applicable to purchases or ac­ 8 A fund holding company is an invest­quisitions by an investment company, which ment company which invests in securities is not registered or required to be registered mediately after such sale or disposition ( ) issued by other investment companies. under the Investment Company Act, of a more than 3 percent of the total outstandi S 4 “Registered investment company” for security issued by another such investment voting stock of the registered inve®|;“ f these purposes includes a company coming company, but only to a purchase or acqui­ company would be owned by the acq within the definition of “investment com­ sition of a security issued by a registered investment company and any compa y investment company. However, limitation (3) pany” in section 3(a) of the (Investment companies it controls; or (ii) ru°re vntinE Company) Act, which is not excluded by sec­ would be exceeded by an investment com­ percent of the total outstanding ____ tion 3(b) or section 3(c) of the Act, and pany which is not registered or required to stock of the registered investment company which is actually registered or required to be registered under the Investment Com­ would be owned by the acquiring mvestn*® register under the Act. (See S.E.C. v. Fifth pany Act if, as a result of a transaction in company and other investment co P Avenue Coach Lines, Inc. et al., 289 F. Supp. which it or a company it controls purchases and companies controlled by them. 3 (S.D.N.Y. 1968), aff’d C.A. 2, Nos. 137-140 a security issued by a registered investment company, it and the companies it controls »Section 2(a) (8) (15 U.S.CJ 80a-2(a)(9)). defines “company” as a corporation, p own securities issued by any investment com­ s “Control” is defined in section 2 (a )(9 ) nership, an association, a joint-stoc of the Investment Company Act (15 U.S.C. panies which have an aggregate value in ex­ pany, a trust, a fund, or any organized group cess of 10 percent of the value of its total 80a-2(a)(9)). of persons whether incorporated ir .„¿lar assets. In other words, securities of other « “Any other investment company” for any receiver, trustee in bankruptcy investment companies not registered under these purposes refers to both registered and official or any liquidating agent for any of tne unregistered investment companies (see foot­ the Act are considered for the purpose of foregoing. lnvest- note 4, supra) including foreign-based or determining whether the 10 percent limita­ tion would be exceeded. » “Companies controlled by such i ^ offshore investment companies which are not ment companies” includes compani subject to the registration requirements of » The limitations would be exceeded and trolled by the acquiring company. the Investment Company Act. subparagraph (B) would be violated if, im-

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 RÜLES AND REGULATIONS 8731

Subparagraph (E ) (84 Stat. 1418) con­ more than 3 percent of the total out­ standing shares of one or more invest­ tinues the exceptions provided in section standing stock of any other investment ment companies, the appropriate pro­ 12(d)(1) for registered unit trusts is­ company. Under prior law, a holding spectus disclosure should include a dis­ suing periodic payment plan certifi­ compaiiy could purchase 5 percent of cussion of the effect of any such holding cates.32 This subparagraph also extends the total outstanding stock of an invest­ on the fund holding company’s liquidity the exception from prohibitions of ment company which had a policy of and ability to change investments. amended section 12(d) (1) to an invest­ concentration, or 3 percent of an invest­ Sales charge in exchange of series ment company security purchased or ac­ ment company which did not have a shares and rescission of rule llb -1 under quired by an investment company, if the policy of concentration. Since a fund the Investment Company Act. The 1970 depositor of or principal underwriter for holding company’s ability to purchase Act (84 Stat. 1417) deletes paragraph (2) such acquiring investment company is a shares of any investment company is of section 11(b) of the Investment Com­ broker or dealer registered under the now dependent upon the action of a pany Act (15 U.S.C. 80a-ll(b)) “ which Securities Exchange Act of 1934, or is a broad class of persons— affiliated per­ formerly permitted registered investment person controlled by such a broker or sons as defined in section 2(a) (3) of the companies which issue series shares or dealer and the investment portfolio of Investment Company Act (15 U.S.C. 80a- the principal underwriters of such com­ the acquiring company consists only of 2 (a)(3 ))—procedures should be insti­ panies to charge an additional sales load such security. In order to avail itself of tuted to assure that a fund will be able when shareholders in one series exchange the exception provided by subparagraph to determine prior to making an invest­ their shares for shares in another series. (E), an unregistered investment com­ ment the eligibility of the particular se­ This amendment is effective immediately pany (e.g., a foreign unit trust) must curity for the fund holding company’s and supersedes rule llb -1 , which is here­ make an arrangement with underlying portfolio under this restriction. by rescinded. Series companies are there­ portfolio investment companies or such 3. No investment company whose se­ fore subject to the same treatment as companies’ principal underwriters to a f­ curities are owned by a fund holding other open-end investment companies ford to such unregistered investment company is required to redeem more than with respect to offers of exchange as pro­ company’s shareholders certain rights 1 percent of the former’s securities dur­ vided under section 11(a) of the Invest­ specified in the subparagraph regarding ing any period of less than 30 days. Pre­ ment Company Act (15 U.S.C. 80a-ll the voting pf proxies and the substitution viously a fund holding company had the (a)). of other securities for the underlying same redemption rights as any other Commission action. Part 270 of Chap­ securities. holder of securities issued by a reg­ ter II of Title 17 of the Code of Federal Subparagraph (G ) (84 Stat. 1418) pro-« istered open-end company—that is, ex­ Regulations is amended by rescinding vides that, for the purpose of section cept during those emergency periods § 270.1 lb-1 thereunder, effective April 6, 12(d)(1), the value of an investment specified in section 22(e) (15 U.S.C. 80a- 1971. company’s total assets shall be computed 22(e))—payment or satisfaction within as of the time of purchase or acquisi­ 7 days after tender for redemption. The Commission finds that the pro­ tion, or as closely thereto as is reasona­ The effect of this redemption limitation visions of 17 CFR 270.llb-1 have been bly possible. must be considered together with the ob­ made obsolete by deletion of the provi­ Under the statutory pattern provided ligation of the fund holding company sions of former paragraph (2) of section by the amendments to section 12(d) (1 ), itself to redeem its securities within 7 11(b) of the Act (15 U.S.C. 80a-ll(b) subparagraphs (A ), (B ), and (C ) im ­ days as specified in section 22(e) of the (2)) by the provisions of section 6 of pose substantial restrictions on the crea­ Investment Company Act. Thus, while a Public Law 91-547 (84 Stat. 1417), and tion and operation of fund holding com­ fund holding company may purchase that notice and procedures under 5 panies. However, the 1970 Act also adds more than 1 percent of the total out­ U.S.C. are unnecessary. Accordingly, a new subparagraph (F ) (84 Stat. 1418) standing securities of the investment the foregoing recission shall be effective to section 12(d) (1) which would make it company, such a purchase may, unless on April 6,1971. possible to continue to create and to the fund holding company contemplates (Secs. 6 (c ), 11(b), 38(a); 54 Stat. 800, 808, operate registered fund holding compa­ redemptions in kind, impair its liquidity, 841; 15 U.S.C. 80a-6(c), 8 0 a -ll(b ), 80a-37 nies subject to the conditions specified substantially affecting its ability to com­ (a )) in that subparagraph. This new provi­ ply wth section 22(e). By the Commission, April 6,1971. sion raises a number of problems. Also, Further, investment commitments one p°rti°n of subparagraph (F) deals above the 1 percent limitation could re­ [ s e a l ] T h eodo re L. H u m e s , with the relationship fund holding com­ sult in a situation where a fund holding Associate Secretary. panies with their portfolio companies, company would not be able to redeem [PR Doc.71-6602 Piled 5-ll-71;8:48 am] therefore, persons interested in form - a portfolio security at such time as it mg fund holding companies, as well as appears to management to be in the fund registered investment companies which holding company’s best interest to do so. of f«r become Portfolio companies 4. Investment company securities held aL** * ding companies, should be by a fund holding company may be voted Title 19— CUSTOMS DUTIES tho o of H10 ^Bowing comments which by such company only either (a) after Chapter I— Bureau of Customs, Remii0? 11118?1011 s ^ visio n of Corporate seeking instructions from its security has given to existing reg- holders with regard to such security and Department of the Treasury tered fund holding companies: then in accordance with such instruc­ [T.D. 71-123] m ' l e e r e d fund holding company tions, or (b) in the same proportion as bv it offe31.or seH any security issued the vote of all other holders of such secu­ PART 174— PROTESTS pinïao a publlc offering price which in- rity. If alternative (a) is followed, the Criteria for Further Review Percent& S&leS l0ad °f more than 11/2 Investment Company Act, in effect, re­ quires the fund holding company to make M a y 3, 1971. an arrangement with the issuer or prin­ with tn fu *d..holding company b In formulating the circumstances in DurrW ° f lts aifiliated persons cipal underwriter of the issuer whereby which further review of protests which Purchase or acquire in the ag sufficient proxy solicitation or other ma­ the district director would otherwise deny terial may be transmitted to the fund shall be accorded, three criteria were set holding company’s security holders so forth in § 174.24 of the Customs Regula­ toe also makes i* clear tha that their instructions may be obtained. tions. One of these provided that further curitles S S & * 5 « th® ^TuMtion of se Each fund holding company’s prospec­ companief or more investmen trust that ico a r.e.glStered unit investmen tus should make adequate disclosure concerning the foregoing. For example, if “ Note the conforming technical amend­ cutSes eaoh more clasBes » the company, pursuant to its investment ment made by the 1970 Act (84 Stat. 1413) in Cumulation 5 .which provides for th sec. 22(d) of the Investment Company Act Went com pan^ shares ° f a different invest policy, retains the freedom to purchase (15 U.S.C. 80a-22(d)) which deletes the ref­ more than 1 percent of the total out­ erence to clause (2) of sec. 11(b).

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8732 RULES AND REGULATIONS review would be accorded when the de­ Guard personnel in legal proceedings cision against which the protest was filed to make them consistent with the regu­ Title 37— PATENTS, TRADE­ is alleged to be inconsistent with a prior lations of the Department of Transpor­ published ruling. It now appears that tation in Part 9 of Title 49, Code of Fed­ MARKS, AND COPYRIGHTS this lim ita tio n is unnecessarily eral Regulations. This amendment also restrictive. delegates the authority of the Chief Chapter I— Patent Office, Department Accordingly, paragraph (a) of § 174.24 Counsel of the Coast Guard as the of Commerce is hereby amended to read: “appropriate counsel of the operating administration concerned” to the Dis­ PART 1— -RULES OF PRACTICE IN § 174.24 Criteria for further review. trict Legal Officers. PATENT CASES ***** Since this amendment relates to (a) Is alleged to be inconsistent with agency management, procedure, and Discovery During Interference a ruling o f the Commissioner of Customs practice, it is exempt from the notice Proceedings or his designee, or with a decision made and public procedure provisions of 5 These rule changes are intended to in any district with respect to the same U.S.C. 553 and may be made effective provide for: (1) Consideration of action or substantially similar merchandise; upon publication in the F ederal R e g is ­ sought by a party to a patent interfer­ ***** t e r . ence proceeding outside the period pre­ (R.S. 251, as amended, secs. 515, 624, 46 Stat. Accordingly, Subpart 1.20 is revised scribed therefor where the delay in seek­ 734, as amended; 759; 19 U.S.C. 66,1515,1624) to read as follows: ing such action is justified; (2) the desig­ nation of a specific period for discovery Since this amendment to § 174.24 ex­ Subpart 1.20— Testimony by Coast pands the right of a party filing a pro­ and the preparation for the taking of test to obtain further review, notice and Guard Personnel and Production of testimony; (3) specified discovery upon public proceedings thereon are found un­ request (a) during the period for prep­ Records in Legal Proceedings aration for testimony as to evidence and necessary, and the amendment shall T5e testimony to be offered by junior parties effective upon publication in the F ederal § 1.20—1 Testimony by Coast Guard and (b) after completion of testimony R eg ist e r (5-12-71). personnel and production o f records. in chief of the junior parties, as to evi­ (a) The regulations in 49 CFR Part [ s e a l ! E d w i n F. R a in s , dence and testimony to be offered by Acting Commissioner of Customs. 9 apply to the testimony of Coast Guard senior parties; (4) the ordering of addi­ personnel, production of Coast Guard Approved: M ay 3,1971. tional discovery upon motion by a party records, and service of process in legal where the interest of justice so requires; E u g e n e T. R o ssid e s, proceedings. and (5) sanctions by the Board of Patent Assistant Secretary (b) Except for the acceptance of serv­ Interferences where there is noncom- of the Treasury. ice of process or pleading, the District pliahce with a requirement of a rule or [PR Doc.71-6578 Filed 5-ll-71;8:46 am] Legal Officer of each Coast Guard Dis­ an order by the Board. trict, with respect to matters arising The proposal to amend Title 37, Code within his District, is delegated the of Federal Regulations, by revising functions of the “appropriate counsel of §§ 1.245 and 1.251 and by adding a new Title 21— FOOD AND DRUGS the operating administration concerned” § 1.287 was published in the December 31, described in 49 CFR Part 9. 1970, issue of the F ederal R egister (35 Chapter I— Food and Drug Adminis­ (c) A request for a member or em­ F.R. 20011). tration, Department of Health, Ed­ ployee of the Coast Guard to testify or All interested persons were given an for permission to interview a member ucation, and Welfare opportunity to participate in the rule- or employee of the Coast Guard District making process by submission of com­ PART 135c— NEW ANIMAL DRUGS IN must be made to the District Legal ments in writing and in person at an ORAL DOSAGE FORMS Officer of the Coast Guard District in oral hearing held on February 19, 1971. which the member or employee is serv­ The rules are being adopted after full Sulfadimethoxine ing or if the member or employee is and careful consideration of all the ma­ serving at Coast Guard Headquarters, Correction terial submitted. The departures from to the Chief Counsel, U.S. Coast Guard. the published text reflect certain of tne In F.R. Doc. 71-5498 appearing at page (d) Process or pleadings in any legal views expressed in the submitted ma­ proceeding concerning the Coast Guard 7650 in the issue for Friday, April 23, terial. may be served, at the option of the 1971, the percentage under “Grams per Effective Date. This amendment shall gallon” for the first entry of Table 1 in server, on the Chief Counsel or the become effective 30 days after publica­ §135c.l3(e), now reading “0.03%”, Deputy Chief Counsel of the Coast Guard tion in the F ederal R egister and snau should read “ 0.05%” . with the same effect as if served on the apply only to those interferences in Commandant of the Coast Guard. The which the times for taking testimony ar official accepting the service under this set on or after such effective date. section acknowledges the service and In consideration of the comments re­ takes further action as appropriate. Title 33— NAVIGATION AND ceived and pursuant to the autho ty (80 Stat. 383, as amended, sec. 1, 33 Stat. contained in section 6 of the Act of NAVIGABLE WATERS 1022, as amended, sec. 9, 80 Stat. 944; 5 U.S.C. 552, 14 U.S.C. 632, 633 , 46 U.S.C. 375, 19, 1952 (66 Stat, 793; 35 U.S.C. 6>,PMJ 1 of Title 37, Code of Federal Regulations Chapter I— Coast Guard, Department 416, 49 U.S.C. 1657 (a) and (e ); 49 CFR 1.46, 49 CFR Part 9) is hereby amended as follows: of Transportation 1. Section 1.245 is revised to read <» SUBCHAPTER A— GENERAL Effective date. This amendment is ef­ fAllAwe • fective upon publication in the F ederal [CGFR 71-30] R eg ister (5-12-71). L.245 Extension o f time. PART 1— GENERAL PROVISIONS Dated: M ay 3,1971. Extensions of time in any case herwise provided for may be ha Testimony by Coast Guard Personnel C. R. B e n d e r , pulation o f the parties, subject in Legal Proceedings Admiral, U.S. Coast Guard, oval, or on motion duly brought, Commandant. This amendment revises the regula­ mt cause being shown for sue tions applicable to testimony of Coast n[F R D oc.71-6587 Filed 5-11-71; 8:46 am ] nsion. A motion not timely mad

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 RULES AND REGULATIONS 8733

be considered upon a showing of suffi­ (b) The provisions of paragraph (a) of ence of computer and communication cient cause as to why such motion was this section are without prejudice to the services and facilities. not timely presented. right of a party, where appropriate, to 1. The Chief, Common Carrier Bureau 2. Section 1.251, paragraphs (a), (b ), obtain production of documents or things has under consideration a “Motion for (c), and (d) are revised, and a new during cross-examination of an oppo­ paragraph (e) is added as follows: Extension of Time to File Responsive nent’s witness or during his own period Pleadings to Pleadings Requesting Re­ § 1.251 Assignment o f times for discov­ for rebuttal testimony. consideration and Clarification” in the ery and taking testimony. (c) Upon motion (§ 1.243) brought by above-captioned proceeding (36 F.R. a party during the period for preparation 8450). The request is based on the alle­ (a) A period for preparation for testi­ for testimony, or thereafter as author­ mony will be set in which all parties gation that Western Union was not ized under § 1.245, and upon a showing served with copies of many of the peti­ should complete discovery and other pre­ that the interest of justice so requires, the paratory activities. tions and that it has only recently ob­ Board of Patent Interferences may order tained such copies. (b) Times will be assigned in which additional discovery as to matters under the junior party shall complete his testi­ the control of a party within the scope 2. It appears that good cause has been mony in chief, and in which the other of the discovery rules of the Federal Rules shown for the extension requested and party shall complete the testimony on of Civil Procedure, specifying the terms that such an extension will not unduly his side, and a further time in which ‘the and conditions of such additional discov­ delay resolution of this proceeding. junior party may take rebutting testi­ ery. An order by the Board granting or 3. Accordingly, it is ordered, That the mony, but he shall take no other testi­ denying a motion under this paragraph time for filing responsive pleadings to mony. If there be more than two parties shall not be subject to review prior to a pleadings requesting reconsideration and to the interference, the times for taking decision awarding priority. clarification herein is extended to testimony will be so arranged that each (d) (1) A party will not be permitted M ay 18, 1971. shall have an opportunity to prove his to rely on any document or thing in his case against prior parties and to rebut Adopted: April 30,1971. possession, custody, or control, or on their evidence, and also to meet the any witness, not listed and served by that Released: M ay 3,1971. evidence of junior parties. party as required by paragraph (a) of (c) Times for preparation of testi­ F ederal C ommunications this section, except upon a promptly filed mony, for compliance with § 1.287(a) and C o m m is s io n , for taking of testimony will ordinarily motion accompanied by the proposed ad­ [ s e a l ! W il l ia m M . L e s h e r , ditional documents or lists together with be assigned in notices sent to the parties Acting Chief, Domestic Rates a showing of sufficient cause as to why after motions under § 1.231 have been Division for Chief, Common disposed of or, if no such motions have they were not served by the date set pur­ Carrier Bureau. suant to paragraph (a) of this section. been filed, after the close of the motion [FR Doc.71-6585 Filed 5-11-71:8:46 am] period (§ 1.231). (2) Any failure to comply with an or­ (d) Testimony shall be taken during der under the provisions of paragraph the times assigned in accordance with (c) of this section may be considered by §§1.271 to 1.286. the Board of Patent Interferences as (e) The date for final hearing will basis for applying appropriate restric­ Title 49— TRANSPORTATION tions against the party failing to comply, ordinarily be set in separate notices. Subtitle A— Office of the Secretary of 3. A new § 1.287 is added as follows: for holding certain facts to have been es­ tablished, and in an appropriate case for Transportation § 1.287 Discovery. awarding priority against him, or for [O ST Docket No. 1; Arndt. 1—48] (a) (l) Each party who expects to take taking such other action as may be testimony must serve on each opposing .deemed appropriate. PART 1 — ORGANIZATION AND DELE­ Party Who requests service the following: (e) The parties may by agreement GATION OF POWERS AND DUTIES (i) A copy of each document in his among themselves modify any of the possession, custody, or control and upon foregoing requirements consistent with Delegation of Authority With Respect which he intends to rely, the schedule of times for taking testi­ to Aircraft Emission Standards (ii) A list of and a proffer of reasonable mony and filing the record. In the ab­ ccess to things in his possession, custody, sence of such agreement, discovery will The purpose of this amendment is to or control and upon which he intends to not be permitted prior to the period set delegate, to the Federal Aviation Admin­ roly, and for the preparation for testimony. istrator, the authority vested in the Sec­ retary of Transportation by section 11(a) HritU) V ist giving the names and ad- Dated: May 6,1971. aresises of all persons whom he intends to of the Clean Air Amendments of 1970 W il l ia m E. S c h u y l e r , Jr., {Public Law 91-604; 84 Stat. 1703) which tw,uS-Wltnesses and indicating the rela­ Commissioner of Patents. added Part B—“Aircraft Emission in issu each P®1,8011 to the invention Approved: Standards” to title II of the Clean Air Act (42 U.S.C. 1857 et seq.). nar!LDa_tef f or compliance with Ja m e s H. W a k e l in , Jr., Since this amendment relates only to set hFapb ^ ° f this paragraph v Assistant Secretary for ei in accordance with the followir Science and Technology. the internal management of the De­ partment, notice and public procedure rpnimcT^6 dafe hy which all partie: [FR Doc.71-6617 Filed 5-ll-71;8:49 am] X s1b ?ervice shall be not less thereon are not required and the amend­ ment may be made effective in less than t L w - rom the date of the orde .testimony times; Title 47— TELECOMMUNICATION 30 days. nnl+V date for service by all j In consideration of the foregoing, ef­ Chapter I— Federal Communications fective M ay 6, 1971, § 1.47 of Title 49, th edate^th 6 n° i less than 30 days Commission Code of Federal Regulations, is amended rnTS^f the order setting such t [Docket No. 16979] by adding the following paragraph at the party date for service by the i end thereof: thp I ? a11 be not less than 10 days p a r t o— c o m m is s io n chief o^ali^01- c*ose testimo § 1.47 Delegations to Federal Aviation Of ali junior parties. ORGANIZATION Administrator. * * * * * involved more than two partif PART 64— MISCELLANEOUS RULES not enH«S? .one of the junior part RELATING TO COMMON CARRIERS (j) Carry out the functions vested in the Secretary by part B of title II of the more s e S iak

No. 92- 3 FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8734 RULES AND REGULATIONS 2. Camping and picnicking are per­ Issued in Washington, D.C., on May 6, 1407; delegation of authority at 49 CSFR 1.51) mitted in areas where refuge tables and 1971. Issued on May 6, 1971. firegrates are provided. A written permit J o h n A . V o l p e , is required for stays in excess of seven Secretary of Transportation. D o u g la s W . T o m s , Acting Administrator. (7) days. Camp stoves and charcoal grills [PR Doc.71-6571 Piled 5-ll-71;8:45 am] may be used ih camp and picnic areas. [FR Doc.71-6574 Filed 5-ll-71;8:45 am] Dead and down timber may be used in Chapter V— National Highway Traffic firegrates provided by the refuge. Safety Administration, Department 3. Boating is permitted in accordance with State and Federal boating regula­ of Transportation Title 50— WILDLIFE AND tions on the refuge portions of Elmer [Dockets No. 1-9, 1-10; Notice 4] Thomas Lake except in marked swim­ PART 571— FEDERAL MOTOR FISHERIES ming and' scuba diving areas. All other Chapter I— Bureau of Sport Fisheries floating devices are prohibited on all ref­ VEHICLE SAFETY STANDARDS uge waters unless permitted by other and Wildlife, Fish and Wildlife Federal regulations. Exterior Protection; Passenger Cars; Service, Department of the Interior Correction 4. Swimming and wading are per­ PART 28— PUBLIC ACCESS, USE AND mitted at designated beaches. Life In F.R. Doc. 71-5234, appearing at jackets and buoyant vests may be worn page 7219 in the issue for April 16, 1971, RECREATION while swimming. Food and beverages are a paragraph was inadvertently omitted. Wichita Mountains Wildlife Refuge, prohibited on swimming beaches. Snor- In the third column, the regulation is Okla. keling and skin diving are restricted to corrected by the insertion of the omitted designated swimming areas. paragraph as S7.1.5 and the renumber­ The following special regulation is is­ 5. Scuba diving is permitted in the ing of the present paragraphs S7.1.5 and sued and is effective on date of publica­ refuge portions of Elmer Thomas Lake. S7.1.6 as S7.1.6 and S7.1.7, so that those tion in the F ederal R eg iste r . Diving areas must be marked with ap­ paragraphs read as follows: § 28.28 Special regulations, public ac­ propriate warning flags when outside of marked swimming areas. Flags must be § 571.21 Federal Motor Vehicle Safety cess, use, and recreation, for individ­ ual wildlife refuge areas. removed before leaving the area. In­ Standards O k l a h o m a flatable vests may be worn when diving. * ' * * * * 6. Leashed pets under close control are M otor V e h ic l e S a f e t y S tandards No. 215 WICHITA MOUNTAINS WILDLIFE REFUGE permitted except on designated swim­ EXTERIOR PROTECTION— PASSENGER CARS Those portions of the refuge desig­ ming beaches. 57.1.5 Move the test device away nated for public use are open for certain 7. Possession of fireworks is prohibited. from the vehicle, then release it so ithat recreational uses January 1, 1971, The provisions of this special regula­ plane A remains vertical from release through December 31, 1971. The public tion supplement the regulations which until the onset of rebound, and the arc use area totals approximately 22,400 govern recreation on wildlife refuges gen­ described by any point on the impact line acres and is delineated on maps avail­ erally, which are set forth in Title 50, is constant, with a radius of not less than able from the Refuge Manager, Box 448, Code o f Federal Regulations, Part 28, 11 feet, and lies in a plane parallel to Cache, OK 73527 and from the Regional and are effective through December 31, the vertical plane through the vehicle’s Director, Bureau of Sport Fisheries and 1971. longitudinal centerline. Wildlife, Post Office Box 1306, Albu­ J u l ia n A. H oward, 57.1.6 Im pact the front of the vehicle querque, N M 87103. Public access, use, Refuge Manager, Wichita Moun­ at 5 m.p.h. and the rear at 4 m.p.h. and recreational activity shall be subject tains Wildlife Refuge, Cache, 57.1.7 Perform the impacts at inter­ to the following special conditions. Okla. vals of not less than 30 ipinutes. 1. Sightseeing, nature observation, M a y 3, 1971. photography, and hiking are permitted (Secs. 103 and 119, National Traffic and [FR Doc.71-6600 Filed 5-11-71; 8:47 am] Motor Vehicle Safety Act, 15 U.S.C. 1392, except where restricted by sign.

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8735 Proposed Rule Making

(2) Change the definition of fruit to lation imder the order on the same basis DEPARTMENT OF AGRICULTURE extend the regulatory provisions to addi­ as the varieties which are currently cov­ tional varieties of pears. ered. The order should cover all varieties Consumer and Marketing Service (3) Change the definition of grower of pears except Beurre Hardy, Beurre [ 7 CFR Part 917 1 as it applies to peaches. D’Anjou, Beurre Bose, Winter Nelis, (4) Realign the boundaries of certain Doyenne du Comice, Beurre Easter, and [Docket No. AO-90 A5] districts. Beurre Clairgeau. These varieties are FRESH PEARS, PLUMS, AND PEACHES (5) Change the provisions as to quali­ subject to regulation under the California fications of nominees to represent the GROWN IN CALIFORNIA Marketing Order for Fresh Fall and W in­ Peach Commodity Committee as grower ter Pears, and Federal Marketing Order Notice of Recommended Decision and members on the Control Committee. No. 927. Therefore, “pears” in § 917.4 Opportunity To File Written Excep­ (6) Change the provisions as to quali­ Fruit should be redefined as hereinafter fications of nominees to represent the tions With Respect to Proposed set forth to include all varieties of pears Pear and Plum Commodity Committees except Beurre Hardy, Beurre D’Anjou, Further Amendment of the Market­ as grower members on the Control Beurre Bose, W inter Nelis, Doyenne du ing Agreement and Order (Partial) Committee. Comice, Beurre Easter, and Beurre Clair­ (7) Increase the number of members Pursuant to the rules of practice and geau. on the Peach Commodity Committee, and procedure as amended, governing pro­ The order should provide that any ceedings to formulate Marketing Agree­ increase the term of office of such mem­ variety of pears, other than those specifi­ bers from 1 to 2 years. ments and Orders (7 C FR P art 900), no­ cally excluded, should be subject to all tice is hereby given of the filing with the (8) Increase the term of office of the provisions of the order. The full latitude Pear and Plum Commodity Committees Hearing Clerk of this recommended de­ of the regulatory provisions should be from 1 to 2 years. available so that differences in the cision with respect to proposed further characteristics and individual situations amendment of the marketing agreement (9) Change the representation areas for peaches and reallocate representa­ of the various varieties can be recog­ and Order No. 917 (7 C FR Part 917; 36 nized in the tailoring of regulations for F.R. 7510), regulating the handling of tion on the Peach Commodity Committee among such areas. the different varieties. Persons familar fresh pears, plums, and peaches grown in (10) Change the quorum requirement with pears, including inspectors, can California, • hereinafter referred to col­ for the Peach Commodity Committee; distinguish one variety of pears from lectively as the “order” . The order is ef­ and increase the number of affirmative another. Hence, the issuance of regula­ fective pursuant to provisions of the A g­ votes necessary by such committee to tion recognizing differences in such ricultural Marketing Agreement Act of characteristics is appropriate and prac­ 1937, as amended (7 U.S.C. 601-674), approve actions with respect to research and regulations. tical, and would tend to effectuate the hereinafter referred to as the “ act” . (11) Add authority for production re­ purposes of the order and the act. The Interested persons may file written search for peaches. evidence indicates that initially it may exceptions to this recommended decision (12) Add authority for production re­ not be necessary to apply the full scope with the Hearing Clerk, U.S. Department search fo r pears and plums, and for paid of regulation to varieties the production of Agriculture, Room 112, Administra­ advertising for plums. of which is relatively small. If the ob­ tion Building, Washington, D.C. 20250, (13) Change the provisions on ter­ jectives of the act and the order can be P la ter than 10 days after publication mination, with respect to peaches, to served by the application of a m inim um of this recommended decision in the delay for 2 years the next scheduled of regulation to some varieties, for ex­ Federal R egister. Exceptions should be referendum on continuance. ample, container marking as to variety, nied in quadruplicate. A ll such com- (14) Change the provisions on termi­ it was indicated that imposition of regu­ munications will be made available for nation, with respect to pears and plum s, lations only to such extent would be Public inspection at the office of the to delay for 2 years the next scheduled favored by the industry. hduring regular business referendum on continuance. Imposition of regulations on a min­ hours (7 CFR 1.27(b)). This is a partial recommended decision imum basis has been found to be prac­ Preliminary statement. The public dealing only with the issues applicable tical with respect to some of the vari­ rernms °? the record of which the to pears and plums. Th e issues pertaining eties currently covered, and it should be recommended amendment of the order equally so with respect to the varieties was fOTmuiatea was held to peaches were dealt with in an earlier decision. proposed to be added. Consistent with S on January 13, 1971, pursuant to this, grade and size regulations have (2) The term “fruit” should be rede­ been imposed on only three of the vari­ th2 S thereof whlch was published in fined in the order as hereinafter set forth eties currently subject to regulation 19?n ? EGISTER on December 24, to extend the regulatory provisions of the under the order. The remainder of such notio3' , ^ 19579) *and a supplemental order to additional varieties of pears. FR 9nS^llSmtd ^ o em h er 31, 1970. (35 varieties have been made subject only to Current provisions of the order are tal ' Th.e notice and supplemen- the requirement that they be accurately applicable to Bartlett, Dr. Jules Guyot als whuS £°^tained amendment propos- marked as to variety. (Guyot, Early Bartlett, Clapps Favorite retar? haAd been E m itted to the Sec- (4 ), (6), and (8) Districts and repre­ (Hill Bartlett), Max-Red (Max-Red sentation areas are established in the or­ CommittL Agnf uiture by the Control Bartlett, Red Bartlett), Rosired (Rosired CommittPA’ a?d . the Plum Commodity der to provide a basis for geographic rep­ Bartlett), Winter Bartlett, Gorham (Late the order66’ admimstrative agencies for resentation on the commodity committees Bartlett) varieties of pears. A number of under the order. The districts are com­ similar varieties of pears have been de­ P « S S f The material issues prised of combinations of specified de­ veloped. Some of these varieties mature lineated portions of the production area. Sivolve^menriliive amendatory record proposals of the to: hearing just prior to or during the marketing sea­ The representation areas consist of spec­ son for the varieties currently subject to ified districts or combinations thereof. extend tiS186 tJ?e definition of fruit to regulation imder the order. Hence they Representation on the Commodity Com­ ratieties o ^ ^ ^ 0^ provMons 40 a11 complete with the regulated varieties. mittees is allocated among the repre­ Such varieties should be subject to regu­ sentation areas principally on the basis

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8736 PROPOSED RULE MAKING of the relative volume of production. No son nominated by the Plum and Pear Pear blight was mentioned specifically changes in districts are required to ac­ Commodity Committees to fill a grower as a disease affecting this fruit which commodate the Pear and Plum Com­ position on the Control Committee shall currently is under study. The order does modity Committees. However, for sim­ be a member or alternate member of the not now permit the committees to assist plicity it is desirable that each district respective Commodity Committee. Such in financing this work from order assess­ be the same for each commodity. It is requirement would assure that there will ments. It was indicated that since blight therefore concluded that the districts be among the grower membership of the affects the trees which produce the fruit specified in §917.14(k), (q), and (r ) Control Committee persons who are regulated under the order it would be should be redefined as hereinafter set familiar with the problems of each re­ appropriate to make such assistance forth. All of these districts are in the spective fruit. available if necessary to progress the same pear and plum representation area, (12) The order now requires a votework. hence such redefinition will not change equal to the quorum requirement for The foregoing are examples of the any grower’s area of representation. recommendations pursuant to §§ 917.40 kinds of problems on which the commit­ The order should be amended to spec­ through 917.43. In the case of the Plum tee may wish to undertake studies. They ify a 2-year term of office for the Plum and Pear Commodity Committees this is should not be viewed as limiting the re­ and Pear Commodity Committee mem­ 8 members. Such requirement should be spective committees production research bers instead of a 1-year term as cur­ made to apply to recommendations pur­ authority which should include any such rently provided. Such 2-year term should suant to § 917.39 because as hereinafter research that is permitted under the act. end on the last day of February of odd discussed, it is proposed to add authority The plum industry has supported ad­ numbered years. The evidence indicates in the order for the committees to estab­ vertising and promotional activities for that there is little change in the mem­ lish production research projects in ad­ plums under a State marketing order bership of these commodity committees dition to marketing research and de­ since 1966. The evidence indicates that from year to year, hence it appears that velopment projects. Such projects which economies could be effected and it would the longer term is desirable. Nomination are designed to assist, improve, or pro­ otherwise be advantageous to the indus­ meetings do make demands on growers mote the marketing, distribution, and try if such activities were carried out time, and to the extent such meetings are consumption, or efficient production of under the order. The order currently is unnecessary they should not be required. plums and pears may involve substantial managed under a management sharing The evidence further indicates that the expenditures. In addition, with respect arrangement in conjunction with seven industry desires to arrange terms of of­ to plums, authority would be added for other marketing programs. The sharing fice so such terms and nomination meet­ the Plum Commodity Committee to en­ of overhead costs among these programs ings under the State and Federal Mar­ gage in any form of promotion including reduces the costs of operation for each keting Orders under the same manage­ paid advertising. It is highly desirable program. The evidence indicates that ment coincide. At the time of the hearing that the recommendations with respect provision for paid advertising activities to any such projects, as well as recom­ on Janury 13,1971, nomination meetings for plums, and vesting authority therefor mendations on regulations under the sec­ to fill positions on the Plum and Pear in the Plum Commodity Committee, tions previously cited, have a high degree Commodity Committees had been held would place the plum industry in a bet­ of support by the respective committee but appointments had not been made. ter position to advance the interests of and the industry. It is therefore con­ Such appointments will have been made, growers and this would tend to effectu­ cluded that the order should be amended, prior to the effective time of this amend­ ate provisions of the act and the order. as hereinafter set forth, to require an ment, under current provisions of the Therefore, the order should be amended affirmative vote by the Plum and Pear order. The order provides that after as hereinafter set forth to authorize any Commodity Committees for the approval having been selected and qualified the form of marketing promotion for plums, members and alternates of these com­ of actions and recommendations pur­ Lcluding paid advertising. mittees shall serve for the term for which suant to the specified sections as selected and until their successors have indicated. Production of plums is increasing. In been selected and qualified. In this con­ The order should be amended as here­ )70 production was up by 1.300 car- nection should the amendment be made inafter set forth to authorize the Plum ,ads over that produced in 1968. Data effective members and alternates of such and Pear Commodity Committees to i recent plantings indicate this trena committees serving at the effective time establish production research projects in be expected to continue. Sales o of the amendment should continue to for such fruits. lum trees by nurseries for commercial serve until the last day of February 1973. The evidence indicates that there is a [anting indicates that trees sold a y It is therefore concluded that the order number of problem areas related to the go would plant 1,657 acres, 2 Jf should be amended consistent with the production of plums and pears on which 787 acres, and 3 years ago 1,359 acres. foregoing. research may prove to be beneficial. In addition to the three commodity Many problems which affect the fruit in committees representing the three fruits the orchard affect the quality and shelf hich produce heavily. under the order, the order provides for a life manifested by the fruit in marketing The record shows that the consens Control Committee, comprised of 12 channels. Hence, many marketing re­ f the industry is that promotional shipper members and 13 grower mem­ search projects cannot be of maximum vities for plums have been beneficial bers. The Control Committee performs effectiveness unless the scope of study lcreasing demand and should be local administration of the program in concerns itself not only with what hap­ nued. Plums compete for shelf P all intercommodity matters under the pens to the fruit after it is picked from nd retail promotion with mnny P order, while each respective commodity the tree but also how it develops prior ssed and fresh fruits, many of w hich are committee deals with matters related to harvest. ow nationally advertised and promoted specifically to its fruit. The grower mem­ The control of decay in plums has be­ a competing for this space and at bers of the Control Committee are nomi­ come increasingly difficult in recent years, lums should benefit from a promotional nated by the commodity committees on due largely to buildup of brown rot in the rogram which offers the ietailer ana the basis of an allocation to each as orchards and subsequent spread of in­ ractive quality product which the in fection in the packinghouses. The reduc­ specified under* the order. The order ry helps sell with an advertising a provides that each such grower so nomi­ tion of losses from decay in the market romotional campaign. The ftrilowm nated shall be an individual person who requires integrated control measure that produced fruit during the previous sea­ reduce infections in the orchard, in pack­ romotional and advertising tec m son. Except in rare instances, each com­ inghouses, during transit, and during Dgether with the relative advan _ modity committee has nominated persons marketing. Research on methods of pre­ jere cited as examples of teclmid for its positions on the Control Commit­ venting infection in the orchard, and rhich may be employed under the au- tee from among its own membership. sanitation measures in the packing­ tiorization: Publicity education is a gooa The order should be amended, as herein­ houses are appropriate areas for investi­ echnique to use when promotional funo* after set forth, to require that each per­ gation.

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 PROPOSED RULE MAKING 8737

are limited, particularly if a m ajor por­ is expensive but some things can be done than December 1 of the then current tion of the program is directed to news­ in this field that are inexpensive and yet fiscal period, he shall conduct such refer­ paper food pages. Food page publicity create an impact on the buying trade as endum prior to February 15. Based on which makes available serving sugges­ well as the consuming public. Trade this and the fact that a referendum will tions, product information, stories and paper ads, particularly at the beginning be conducted to ascertain if the plum recipes, many of them illustrated by ap­ of the season, together with the editorial and pear growers favor this amendment, petizing photographs, often w illb e given suport which trade papers are willing to it was advanced without opposition that newspaper editorial space which, if accord an advertiser are helpful in the next regularly scheduled referendum evaluated at advertising rates, is worth launching a program for a seasonal fruit on continuance should be rescheduled to many times the fee paid the publicity such as the plum. Spot radio or T V com­ be required during the period beginning agency. Women look to the food pages of mercials in the principal markets during December 1, 1974, and ending February newspapers and magazines, radio and T V peak movement periods is a possibility. 15, 1975. Since ample opportunity other­ programs, and to local extension home It has been found in many fresh promo­ wise exists for growers to express their economists and utility company person­ tional programs that such spot an­ sentiments with respect to continuance nel for guidance in meal planning. They nouncements, particularly when devel­ between the present time and the fore­ readily accept suggestions from these oped with a "dealer tag” at the end of going period, it is concluded that the sources as reliable and acceptable in­ each spot, have considerable influence order should be amended as hereinafter formation. The expanded authority for in triggering retail promotions. "Dealer set forth to reschedule said referendum promotion, including paid advertising, tags” are blank spots at the end of the as it applies to plums and pears. would enable the committee to supply announcements in which the announcer Except as heretofore discussed con­ plum information and publicity materials refers to a local retailer as a good place forming changes are not required. to food news editors and similar persons to purchase the product. These spots can Rulings on proposed findings and con­ for appropriate distribution. I t is recog­ be merchandised in such a way as to se­ clusions. February 8, 1970, was fixed as nized, however, that publicity education cure extra display space, and promo­ the latest date for filing proposed find­ activities do have a disadvantage in that tional price and tie-in advertising fi­ ings and conclusions, written arguments, one cannot control the message. Since nanced by the retailer. or briefs based upon the evidence re­ editorial space cannot be bought, one Since most of the food page publicity ceived at the hearing. One brief was filed. cannot dictate an editor’s handling o f a occurs in newspapers, some newspaper Each point in such brief was fully and story. This disadvantage is more than advertising might be indicated partly be­ carefully considered along with the evi­ offset, however, by the fact that good cause newspapers are understandably dence in the record, in making the find­ publicity education brings the greatest influenced in favor of advertisers when ings and conclusions herein set forth. return for the dollar expended. scheduling editorial space. Such ads at To the extent that any suggested findings The second promotional and advertis­ the beginning of the season could take or conclusions contained in the brief are ing technique is merchandising. The de­ the form of announcing the seasonal inconsistent with the findings or con­ velopment and distribution of attractive availability of the fruit while later ads clusions contained in the brief are in­ point-of-sale material and other mer­ could elaborate upon the deliciousness of consistent with the findings and conclu­ chandising aids are promotional devices the fruit and pinpoint periods of greatest sions contained herein, they are denied used by many fresh fruit industries with availability. on the basis of the facts found and promotional budgets. Plums are particu­ The Plum Commodity Committee stated in connection with this decision. larly well adapted because of the numer­ should have the responsibility of devel­ General findings. Upon the basis of oping and carrying out each season’s ad­ ous colorful varieties and their seasonal the evidence adduced at such hearing, nature which requires that their availa­ vertising and promotional program. In and the record thereof it is found that: bility be brought to the attention of con­ developing recommendations for such sumers during their relatively short m ar­ program to be submitted to the Secretary (1) The said order, as amended and keting season. Artistically developed for approval, the committee should con­ as hereby further amended, and all of meces may serve the dual function of sider the items enumerated in the powers the terms and conditions thereof, will both attracting and inform ing the con­ and duties of the committee under tend to effectuate the declared policy of sumer regarding the varieties as their § 917.35(e). The committee’s authority to the act; marketing seasons occur. appoint committees to aid it in the per­ (2) The said order, as amended and Recipe folders and varietal brochures formance of its duties as provided in as hereby further amended, regulates the are also useful aids, the latter not only § 917.35(d) should be used to the extent handling of pears, plums, and peaches lor consumers but also for buyers and necessary to secure advice and assistance grown in the State of California in the merchandisers. A varietal brochure could in the planning and conduct of the ad­ same manner as, and is applicable only identify the important varieties, their vertising and promotional program. to persons in the respective classes of in­ penmg periods and anticipated volume, In this connection, the committee may dustrial and commercial activity, speci­ buwlarly, letters and bulletins to the wish to appoint the Plum Sales Man­ fied in the marketing agreement upon moii6 c? Ty*nF this type of information as agers Committee as an advisory commit­ which hearings have been held; j^^kandling and display methods are tee for promotional and advertising ac­ (3) The said order, as amended and as tivities since the members are familiar hereby further amended, is limited in its Essential to most merchandising pro- with plum marketing and are already- application to the smallest regional pro­ jflams is a field staff located in the mar- acting in an advisory capacity assisting duction area that is practicable, con­ r.nnîïilL ar?as wliere activities are to be in the development of recommendations sistently with carrying out the declared pnM»e«i ra^e<^* Wrth training and experi- for regulations. policy of the act; and the issuance of exn«J¡ • e men could become the plum (14) Current provisions of the order several orders applicable to subdivisions lonLfifi? markets and the trade could require quadrennial referenda to ascer­ of such regional production area would crnn a«?16111 lor information about the tain whether continuance of the order as not effectively carry out the declared with which to pro- to any fruit covered thereunder is fa­ policy of the act; disspmL duties could include the vored by growers. The next such refer­ (4) The said order, as amended and as clu iw natl?n of .suPPiy information, in- enda for plums and pears would be re­ hereby further amended, prescribes, so ciai i«fPac^ P^iod movement and spe- quired during the period December 1, fa r as practicable, such different terms, variatfpo+va ^?n concerning particular 1972-February 15, 1973. The order also applicable to different parts of the pro­ matent ^ dlsAribution of Point-of-sale provides that the Control Committee duction area, as are necessary to give the mpH 811(1 otimr aids, merchandising may, upon the basis of a petition from due recognition to the differences in pro­ p S c h S prof ram to the trade if one is growers received prior to October 1 of duction and marketing of the fruit cov­ v is in ^ r X ^ arranging for and super- vmng retail contests. any year, recommend to the Secretary ered thereby; and that such a referendum be held. It fur­ (5) All handling of plums grown in the lngofttÎî rd ,technlcïue is paid advertis- ther provides that if the Secretary re­ production area is in the current of inter- * g’ often referred to as “ media” . Media ceives such a recommendation not later state or foreign commerce or directly

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8738 PROPOSED RULE MAKING burdens, obstructs, or affects such selected in accordance with the provi­ commerce. sions of § 917.25. DEPARTMENT OF HEALTH, Recommended amendment of the .12. The introductory language and marketing agreement and order. The fo l­ paragraph (a) of § 917.35 Powers and EDUCATION, AND WELFARE lowing amendment of the order is rec­ duties of each commodity committee are ommended as the detailed and appro­ amended to read as follows: Food and Drug Administration priate means by which the foregoing con­ § 917.35 Powers and duties of each com­ [ 21 CFR Ch. I ] clusions may be carried out: modity committee. 1 . Section 917.4 Fruit is revised to read LABEL DECLARATIONS ON STAND­ Each commodity committee shall have as follows: the following powers and duties. ARDIZED AND NONSTANDARDIZED § 917.4 Fruit. (a ) W ith regard to the respective, fruit FOODS “Fruit” means the edible product of for which it was established, to establish Notice of Proposed Rule Making the following three kinds of trees (a) all production research and marketing re­ varieties of plums, (b) all varieties of search and development projects as au­ Notice is given that a petition has been peaches, and (c) all varieties of pears thorized under §917.39, to recommend filed by Label, Inc. (Law Students Asso­ except Beurre Hardy, Beurre D’Anjou, to the Secretary regulation of shipments ciation For Buyers’ Education and Label­ Bose, Winter Nelis, Doyenne du Comice, pursuant to the provisions of this part, ing) , Box 226, 2020 F Street NW., Wash­ Beurre Easter, and Beurre Clairgeau. and to possess such other powers and ington, DC 20006, proposing amendment 4. Paragraphs (k), (q), and (r) of exercise such other duties as will prop­ of the regulations setting forth defini­ tions and standards of identity for foods § 917.14 District are amended to read as erly effectuate the purpose of this part: in 21 CFR Subchapter B. follows: Provided, however, That the Pear and Plum Commodity Committees shall each The petitioner proposes the issuance § 917.14 District. approve actions under § 917.39 and make of new regulations requiring that: “For ***** said recommendation pursuant to the purposes of promoting honesty and (k) “South Coast District” includes § 917.40 through § 917.43 only upon the fair dealing in the interest of the con­ and consists of San Luis Obispo County, affirmative vote of not less than 8 mem­ sumer, all food manufacturers and dis­ Santa Barbara County, and Ventura bers of each said committee: Provided tributors must list on the label, in the order of their predominance, all ingredi­ County. further, That the Peach Commodity ents which are contained in their prod­ * £ * ♦ * Committee shall approve such actions pursuant to § 917.39 or make said rec­ uct.” (q) “Tehachapi District” includes and ommendations pursuant to § 917.40 Grounds given in support of the pro­ consists of that portion of Kern County through § 917.43 only upon the affirma­ posal are: 1. Adequate inf ormation as to the con­ not included in Kern District, and Inyo tive vote of not less than 9 members of County. said committee. tents of standardized foods should be on (r) “Southern California District” in­ ***** the label to enable the consumer to make cludes and Consists of San Bernardino an informative choice of the food he County, Orange County, San Diego 12a. Section 917.39 Market research buys. County, Im p e ria l County, Riverside and development is amended to read as 2. The absence of the names of in­ County, and Los Angeles County. follows: gredients from the label of standardized 5. Paragraph (b) of § 917.18 Nomina­ § 917.39 Market research and develop­ foods does not promote honesty and fair tion of grower members of the Control ment. dealing in the interest of the consumer. Committee is revised to read as follows: 3. Health and religious dietary reasons The committees, with the approval of require full label disclosure of the names § 917.18 Nomination of grower mem­ the Secretary, may establish or provide o f all ingredients in standardized foods. bers o f the Control Committee. for the establishment of production re­ 4. The absence of the names of all search, marketing research, and develop­ ***** mandatory ingredients and nondesig- ment projects designed to assist, improve, (b) A person nominated by any com­ nated optional ingredients from the laDeis or promote the marketing, distribution, modity committee for membership on the of standardized foods is an inadequate and consumption or efficient production Control Committee shall be an individ­ substitute for informative labeling ana of fruit. Such projects, with respect to ual person who produced fruit during the is misleading to the consumer. previous season, and who is a member plums may provide for any form of marketing promotion including paid ad­ The Commissioner of Food and Drugs or alternate member of the commodity recognizes that: (1) Some consumers * committee which nominates him. Such vertising. The expenses of such projects shall be paid from funds collected pur­ sire more informative food labeling, persons shall have the qualifications some food manufacturers and distrib­ specified in § 917.24(c). Each member of suant to section 917.37. 14. Paragraph (e) o f § 917.61 Termi­ utors have begun a program of revising each commodity committee shall have their labels for standardized food to mor nation is revised to read as follows: only one vote in the selection of nominees fully inform consumers; (3) other mem- for membership on the Control § 917.61 Termination. bers of the industry are considering Committee. ***** beling changes; and (4) the fadu ,, 7. Section 917.20 Designation of mem­ (e) The Secretary shall conduct areveal material information H*ay . bers of commodity committees is referendum within the period beginning in food being misbranded because the amended to read as follows: December 1, 1974, and ending February beling is misleading. , § 917.20 Designation of members of 15, 1975, to ascertain whether continu­ The Commissioner is aware that in commodity committees. ance of this part as to any fruit included final report to the President, the House Conference on Food, Ndtriu There are hereby established a Pear in this part is favored by the growers. The and Health stated that the consume Commodity Committee and a Plum Com­ Secretary shall conduct such a referen­ entitled to more meaningful and modity Committee each consisting of 12 dum within the same period of every information than is now provided by w members, and a Peach Commodity Com­ fourth fiscal period thereafter. labels mittee consisting of 13 members. The To enable the Food and Drug Admin­ members of each said committees shall ***** istration to determine the adequacy be selected biennially for a term ending Dated: M ay 7, 1971. present labeling for standard ture on the last day of February of odd num­ John C. B lum , nonstandardized foods and -rable bered years, and such members shall Deputy Administrator, and extent of changes that are ^ _ serve until their respective successors are Regulatory Programs. in the labels of such foods, the selected and have qualified. The members sioner invites comment on the pc » of each commodity committee shall be [FR Doc.71-6612 Filed 5-11-71; 8:49 am ]

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 PROPOSED RULE MAKING 8739

of Label, Inc., and suggestions on-any copies of written data, views, or argu­ The proposed regulation would require related subjects, including but not lim ­ ments pertaining thereto to the Docket marine sanitation devices to provide a ited to: (1) Label declarations identify­ Section of the Board on or before May 13, high level of treatment which will be ing each ingredient by its common or 1971. Subsequent to the issuance of the approximately the equivalent of the sec­ usual name; (2) label declarations clas­ proposed rule the Air Transport Associa­ ondary treatment standards for munici­ sifying ingredients by function and tion (ATA) on behalf of 20 air carriers pal waste facilities. Such regulation source; and (3) the manner of present­ requested an extension of time to June 30, would meet the standards specified in ing label information (order of predomi­ 1971 for filing comments. A T A asserts, § 640.2, for any sewage permitted to flow nance, placement on label, size and type inter alia, that the Airline Finance and through. of print, contrast and legibility, etc.). Accounting Conferences’ Air Cargo It is recognized that appropriate flow­ Comments are invited on whether the Claims Committee has scheduled its an­ through devices meeting this standard Pood and Drug Administration has the nual meeting on May 12-13, 1971, and may not have yet been developed for cer­ legal authority to promulgate regulations that the proposed reporting requirements tain smaller classes of vessels covered by as proposed by Label, Inc., or whether should be reviewed by this committee. It the proposed regulation. However, it is new legislation must be enacted in view is further maintained that the proposed believed that the development o f such of provisions of the Federal Food, Drug, rule would require major revisions to devices prior to the effective date of the and Cosmetic Act; specifically, sections some carriers’ air freight accounting pro­ standards is within the limits of avail­ 401 and 403(g) applicable to standard­ cedures and policies and data processing able technology. Accordingly, the per­ ized foods and section 403 (i) applicable program and that additional time is re­ formance standards proposed herein are to foods for which standards have not quired to submit comprehensive and considered to be practicable and reason­ been promulgated. meaningful comments in the matter. able. Holding tanks and other devices Pursuant to provisions of the act (secs. The undersigned finds that good cause which preclude any discharge are pres­ 401, 403, 701; 52 Stat. 1046, 1047, 1055, has been shown for an extension of time ently on the market and are capable of as amended; 21 U.S.C. 341, 343, 371) and for filing comments to June 1, 1971, but providing compliance with the standards. under authority delegated to the Com­ that any further extension is not war­ Under section 13(b) (1) of the Federal missioner (21 CFR 2.120), interested per­ ranted and would not be conducive to Water Pollution Control Act, as amended, sons are invited to submit their the proper dispatch of the Board’s the Secretary of Transportation has the comments in writing (preferably in quin­ business. responsibility to promulgate regulations, tuplicate) regarding this proposal within Accordingly, pursuant to the authority consistent with the standards adopted by 60 days after its date of F ederal delegated in § 385.20(d) of the Board’s the Administrator, governing the design, Register publication. Comments should construction, installation, and operation be addressed to the Hearing Clerk, De­ organization regulations, the under­ of marine sanitation devices. In this con­ partment of Health, Education, and signed hereby extends the time for sub­ m itting comments to June 1,1971. nection, section 13(c)(2) permits the Welfare, Room 6-62, 5600 Fishers Lane, Secretary of Transportation, after con­ Rockville, Md. 20852, and may be ac­ (Sec. 204(a) of the Federal Aviation Act of sultation with the Administrator, to dis­ companied by a memorandum or brief in 1958, as amended, 72 Stat. 743; 49 UJS.C. support thereof. 1324) tinguish among classes, types, and sizes of vessels as well as between new and The Food and Drug Administration is [ seal ] C h ar les A . H a s k in s , existing vessels, and to waive applicabil­ testing patterns of food labeling that will Acting Associate General Counsel, ity of standards and regulations as nec­ provide useful nutritional labeling in for­ Rules and Rates. essary or appropriate for such classes, mation. When sufficient information has [FR Doc.71-6614 Filed 5-ll-71;8:49 am] types, and sizes of vessels. The Adminis­ been developed, proposals regarding such trator will continue to cooperate and con­ labeling will be published for comment. sult with the Secretary of Transporta­ Dated: April 30,1971. tion in connection with the discharge of ENVIRONMENTAL PROTECTION the Secretary’s responsibilities under C h ar les C. E d w a r d s, section 13. Commissioner of Food and Drugs. Initial standards and regulations [PR Doc.71-6570 Piled 5-ll-71;8:45 am] AGENCY promulgated under section 13 preempt [1 8 CFR Part 640 ] any statute or regulation of a State or political subdivision with respect to the STANDARDS OF PERFORMANCE FOR design, manufacture, or installation or CIVIL AERONAUTICS BOARD MARINE SANITATION DEVICES use of any marine sanitation device on 114 CFR Parf 239 ] any vessel subject to section 13. How­ Notice of Proposed Rule Making ever, such preemption does not take [Docket No. 23173; EDR-197A] Notice is hereby given that the Admin­ place until the effective date of the initial reporting d a t a p e r t a in in g t o istrator of the Environmental Protection standards and regulations. The initial Agency proposes to amend Chapter V of standards and regulations become effec­ r??lGHT LOSS AND DAMAGE Title 18, Code of Federal Regulations, by tive for new vessels two years after pro­ A ^ MS b y c e r t a in a ir c a r r ie r s adding a new Part 640, as set forth below. mulgation, and for existing vessels five m2? FOREIGN ROUTE AIR CAR­ The proposed regulation would pro­ years after promulgation. RIERS mulgate Federal standards of perform­ Under section 13(f) of the Act, any ance for marine sanitation devices. Sec­ State may apply to the Administrator Supplemental Notice of Proposed tion 13 of the Federal Water Pollution for issuance of a regulation prohibiting Rule Making Control Act, as amended, 33 U.S.C. 1163, the discharge from a vessel of any sewage directs the Secretary of the'Interior to MAY 7, 1971. (whether treated or not) into certain promulgate Federal standards of per­ delineated areas of waters of the State, Drmv?o5?ard,’ by circulation of notice formance for marine sanitation devices. and the Administrator shall issue such M a ? in ri B,making EDR-197 dat< The authority and functions of the Sec­ regulation where he determines that any PR 19T i’ ant* Publication at : retary of the Interior under section 13 applicable water quality standards re­ comirif V ave notice that it had und were transferred to the Administrator of quire such prohibition. Examples of such Part ?Paart1023 9 ) hof !£ actment ?f a n€ the Environmental Protection Agency by areas which may require the issuance of tions to pqL w i-)r.o f th e economic reguli Reorganization Plan No. 3 of 1970. The such regulations could include known freiffht i S^abbsb a system of reporting < proposed regulation was formulated after shellfish grounds, enclosed inland lakes, air carried Jamage claims by certa consultation with the Department of areas adjacent to or located in boating InterJA6? and foreign route air carriei Transportation and after consideration marinas, areas adjacent to public invited to pa of the economic costs involved and the beaches, and certain critical waters in by submission of twelve ( 1! limits of available technology. the Great Lakes States. The Adminis-

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8740 PROPOSED RULE MAKING

trator will welcome such applications (f) “Coliform Bacteria” means all ofshall state the reasons why he cannot and will consider them with dispatch. the aerobic and facultative anaerobic, make such a finding, and shall deny the No-discharge regulations issued by the gram-negative, non-spore-forming, rod­ application. If the Administrator makes Administrator will become effective no shaped bacteria that; a finding that applicable water quality sooner than the effective dates of the (1) In the Tube-Dilution (most prob­ standards require a complete prohibi­ initial standards and regulations issued able number) test, ferment lactose with tion of any discharge in all or any part under section 13 (b ). Until such dates, the gas formation within 48 hours of incu­ of the waters or portions thereof covered States have the authority to adopt and bation at 35° centigrade, or by the State’s application, he shall pub­ enforce their own statutes or regula­ (2) In the Standard Membrane Filter lish such finding together with a notice tions on this subject without Federal Technique Test, produce a dark colony of proposed rule making, and then shall participation. of bacteria with a metallic sheen on M- proceed in accordance with 5 U.S.C. 553. Interested persons are invited to sub­ Endo Broth or Agar within 24 hours of I f the Administrator’s finding that appli­ mit, in triplicate, their written views, incubation at 35° centigrade. cable water quality standards require a complete prohibition covering a more re­ comments, and recommendations con­ § 640.2 Standards. cerning the proposed standards to the stricted or more expanded area than that Administrator, Environmental Protec­ (a) A marine sanitation device which applied for by the State, he shall state tion Agency, 1626 K Street NW., Wash­ will prevent the discharge of untreated the reasons why his finding differs in ington, DC. All relevant material received or inadequately treated sewage, and scope from that requested in the State’s not later than 45 days after publication which will be required under these stand­ application. No regulation under this sec­ of this notice will be considered. ards, is one which will prevent the dis­ tion shall be issued to take effect sooner charge of an effluent containing visible than the effective date of the initial Dated: M ay 8,1971. floating or settleable solids; and from standards and regulations issued under W i l l ia m D. R u c k e l s h a u s , which the effluent, without dilution other section 13(b) (1) of the Act. than that normally used for flushing pur­ Administrator. § 610.4 Analy tical procedures. poses, does not contain : PART 640— MARINE SANITATION (1) Total coliform bacteria in excess In determining the composition and DEVICE STANDARDS of 240 per 100 ml. ; quality o f effluent discharged from ma­ Sec. (2) Biochemical Oxygen Demand in rine sanitation devices the procedures 640.1 Definitions. excess of 100 mg./l ; and contained in the current “Standard 640.2 Standards. (3) Suspended solids in exeess of 150 Methods for the Examination of Water 640.3 Complete prohibition. and Wastewater,” or subsequent revi­ 640.4 Analytical procedures. mg./l. § 640.3 Complete Prohibition sions or amendments thereto, shall be A u t h o e it y : The provisions of this Part employed. 640 are issued under section 13, 70 Stat. 506, A State may make a written applica­ as amended, 33 U.S.C. 1163. Interpret or ap­ tion to the Administrator, Environmental [FR Doc.71-6653 Filed 5-11-71; 8:50 am] ply section (b )(1 ), 84 Stat. 100, 33 U.S.C. Protection Agency, for the issuance of a 1163(b) (1). regulation completely prohibiting the § 640.1 Definitior.3. discharge from a vessel of any sewage (whether treated or not) into particular INTERSTATE COMMERCE For the purpose of these standards the waters of the State, or specified portions following definitions shall apply : thereof. Such application shall specify COMMISSION (a) “Sewage” means human body with particularity the waters, or portions wastes and the wastes from toilets and thereof, for which a complete prohibi­ [ 49 CFR Part 11151 other receptacles intended to receive or tion is desired. The application shall also [Ex Parte No. 275] retain body wastes; demonstrate that a complete prohibition EXPANDED DEFINITION OF TERM (b) “Discharge” includes, but is not is required by applicable water quality limited to, any spilling, leaking, pumping, standards; and in this connection the ap­ “SECURITIES” pouring, emitting, emptying, or dumping; plication shall include; (a) a statement Extension of Time for Filing Statements (c) “Marine Sanitation Device” in­ of the applicable water quality stand­ cludes any equipment for installation on ards, (b) current data as to the condi­ General notice of the institution of the board a vessel and which is designed to tion of the waters or portions thereof above-entitled proceeding has been give receive, retain, treat, or discharge sewage, which are the subject of the application, by publication in the F ederal R egister and any process to treat such sewage; and (c) an explanation of the reasons (36 F.R. 6595). Th e Commission’s notice (d) “ Vessel” includes every descrip­ why it is believed that the discharge of of the proposed rule m aking fixed tn tion of watercraft or other artificial con­ sewage from vessels may contribute to a date of May 14, 1971, for the filing oi trivance used, or capable of being used, violation of water quality standards in statements by interested persons. A nu - as a means of transportation on the nav­ the waters or portions thereof which are ber of requests have been received for ex­ igable waters of the United States; the subject of the application. If, on the tending the period of time in which (e) “Biochemical Oxygen Demand basis of the State’s application and any file those statements and, considering importance of the proceeding, the time (BOD)” means the oxygen, measured in other information available to him, the milligrams per liter, required by bac­ Administrator is unable to make a find­ hereby extended to July 9,1971. teria while stabilizing the organic matter ing that applicable water quality stand­ [ se al ] R obert L. O swald, in a sample of sewage under aerobic con­ ards require a complete prohibition of Secretary. any discharge in the waters or portions ditions over a period of 5 days at 20® [FR Doc.71-6593 Filed 5-11-71:8:49 am] centigrade; thereof covered by the application, he

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8741 Notices

Sh asta-T r in it y N a t io n a l F orest Dated this 30th day of April 1971 in DEPARTMENT OF THE INTERIOR HUMBOLDT MERIDIAN Washington, D.C.

Bureau of Land Management Hyampom Administrative Site R obert R . B o y d , T. 3 N„ R. 6 E., [S 4257] Office of Hearings and Pro­ Sec. 22, SE% NE% . ceedings and Hearing Ex­ CALIFORNIA aminer. The area described aggregates 40 acres Notice of Proposed Withdrawal and in Trinity County. [FR Doc.71-6397 Filed 5 -ll-7 l;8 :4 5 am] Reservation of Lands E l iz a b e t h H . M id t b y , M a y 4,1971. Chief, Lands Adjudication Section. The Forest Service, U.S. Department of [FR Doc.71-6601 Filed 5-11-71:8:48 am] ATOMIC ENERGY COMMISSION Agriculture, has filed an application for [Dockets Nos. 50-89, 50-163, 50-227, 50-234, the withdrawal of the land described be­ 50-240,50-253] low, subject to valid existing rights, from appropriation under the mining laws (30 DEPARTMENT OF HEALTH, GULF OIL CORP. U.S.C., Ch. 2), but not from leasing under the mineral leasing laws. EDUCATION, AND WELFARE Notice of Amendments for Corporate The land has previously been with­ Food and Drug Administration Name Change of Facility Licenses drawn for an administrative site in the The Atomic Energy Commission has Shasta-Trinity National Forest and as [DESI 8867; Docket No. FDC-D-256; NDA such has been open to entry under the 8-867, etc.] issued, effective as of the date of issuance, amendments to Facility Licenses Nos. general mining laws. The Forest Service RAUWOLFIA SERPENTINA AND desires the exclusion o f mining activity R-38, Rr-67, R-100, Rr-104, R-105, and to permit the continued use of the land RAUWOLFIA ALKALOIDS CX-23 to change the corporate name of for an administrative site, which use is the holder of these licenses to Gulf Oil Drugs for Human Use; Drug Efficacy Corp. The licenses were previously issued incompatible with mineral development. Study Implementation All persons who wish to submit com­ to Gulf Energy & Environmental Sys­ ments, suggestions, or objections in con­ Correction tems, Inc., for authorization to possess, but not to operate, the HTGR facility, nection with the proposed withdrawal In F.R. Doc. 71-5859 appearing at page may present their views in writing on or and to possess, use and operate all of the before June 14, 1971, to the undersigned 7984 in the issue for Wednesday, other facilities, all located on the Cor­ officer of the Bureau of Land Manage­ April 28, 1971, a heading reading poration’s Torrey Pines Mesa site in San ment, U.S. Department of the Interior, “Reserpine” should be inserted im­ Diego, Calif. ?o°°,m E-28Q7, Federal Office Building, mediately above the heading reading By application dated January 11, 1971, ocooc Cottage Way, Sacramento, CA and supplement dated March 30, 1971, »5825. “Description” in the third column on page 7987. Gulf Oil Corp. advised that the corporate A p a r t m e n t ’s regulations provic name of Gulf Energy & Environmental that the authorized officer of the Burea Systems, Inc., had been changed to Gulf of Land Management will undertake sue Oil Corp. and requested that the Facility investigations as are necessary to detei Licenses Nos. R-38, R-67, R-100, R-104, mine the existing and potential deman DEPARTMENT OF R-105, and CX—23 be amended to reflect ior the lands and their resources. He wi the change. There are no changes to the a so undertake negotiations with the ap TRANSPORTATION operating staff for the facilities or in the agency with the view of adjusl Federal Railroad Administration uses which will be made of the facilities. mg the application to reduce the area t The Commission has found that the [FRA-Petition-No. 32] Sn T mum essential to meet the ap applications for the amendments comply pi cant s needs, to provide for the maxi BURLINGTON NORTHERN INC., CHI­ with the requirements of the Atomic mum concurrent utilization of the land CAGO, MILWAUKEE, ST. PAUL AND Energy Act of 1954, as amended (“the other than the applicants PACIFIC RAILROAD CO. AND Act”) , and the Commission’s regulations mnr0llninai ^ands needed for purpose published in 10 CFR Chapter I. The Com­ to VOQeSuential than the applicant’s, an AMTRAK mission has made the findings required man an agreement on the concurren Joint Petition for Exemption for by the Act and the Commission’s regula­ SreeS °f the lands and thei Passenger Train Movements tions which are set forth in the amend­ ments, and has concluded that the a rm SUfh°rized officer will also prepar The order in this proceeding dated issuance of the amendments will not be taiv nf \i°r Tc°nsiderati°n by the Secre April 29, 1971 (36 F.R. 8707), should be, inimical to the common defense and whethpr^6 InS rior wbo wiu determin and it is hereby amended and supple­ security or to the health and safety of drawn not the lands wiu be with mented to require, as a further condition, the public. Prior public notice of the pro­ a S y . requested by the applican that the west bound passenger train re­ posed issuance of this amendments is not ceive the initial terminal inspection and required since the amendments do not the**anni1ntt^dna*'ion ^be Secretary oi test at its initial terminal in Chicago and involve significant hazards considera­ PEDERA? pSn10n WlU be Published in th( that such inspection and test be certified tions different from those previously besent w a r^ ^ ' A separate notice wil to by the use of the certificate referred to evaluated. If cirnimfVinterested Party of record in the initial order herein dated April 29, Within 15 days from the date of pub­ hearing wfil i p 0? ! 7 ar/ant’ a publi' 1971. A copy of such certificate is to be lication of the notice in the F ederal R eg ­ time anri nio belc* a* a convenien placed on the locomotive of the west is t e r , the applicant may file a request The ion/-6’ wblcb will be announced bound train and handled administra­ is; involved in the applicatior for a hearing and any person whose in­ tively as otherwise directed by the terest may be affected by this proceeding Bfireau of Railroad Safety. may file a petition for leave to intervene.

Wo-M- 4 FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8742 NOTICES

Requests for a hearing and petitions to plaint asserts, inter alia, that United Routing RW-SLC-UA for minimum intervene shall be filed in accordance failed to make any statement in its justi­ weights of 500 and 1,000 pounds and can­ with the Commission’s rules of practice fication regarding the cancellation of cellation of the rate for 100 pounds, on in 10 CFR Part 2. I f a request for a hear­ rates at the 100-pound weight break; Fifth Revised Page 230 pf Airline Tariff ing or a petition for leave to intervene is that it would be impossible for shippers Publishers, Inc., Agent’s CAB No. 158 and filed within the time prescribed in this to meet the new 500-pound minimum rules, regulations, or practices affecting notice, the Commission will issue a no­ weight since no consignee could use that such rates and provisions, are or will be tice of hearing or an appropriate order. much fresh fish in a single day; that the unjust, unreasonable, unjustly discrim­ For further details with respect to instant filing is inconsistent with the inatory, unduly preferential, unduly these amendments, see (1) the licensee’s action taken by United and other major prejudicial, or otherwise unlawful, and if applications Tor license amendments trunks in excluding sea foods from the found to be unlawful, to determine and dated January 11, 1971, and supplement 500-pound minimum established for all prescribe the lawful rates and provisions, dated March 30, 1971, and (2) the other specific commodity rates; and that and rules, regulations, and practices af­ amendments to the facility licenses the proposed increases would have a sig­ fecting such rates and provisions; which are available for public inspec­ nificant adverse effect upon the carriers’ 2. Pending hearing and decision by the tion at the Commission’s Public Docu­ volume and revenue through the diver­ Board, the rates and provisions (except ment Room at 1717 H Street NW., sion of this movement to refrigerated those reading “ Expires with December 31, Washington, DC. Copies of the amend­ truck. 1971”! from Twin Falls, Idaho, to Chi­ ments may be obtained upon request Upon consideration of all relevant fac­ cago, 111., and New York, N.Y.-Newark, sent to the TJ.S. Atomic Energy Commis­ tors, the Board finds that the proposed N.J., on Item No. 920 via Routing RW- sion, Washington, D.C. 20545, Attention: cancellation of the 100-pound weight SLC-UA for minimum weights of 500 and Director, Division of Reactor Licensing. break for rates on fish and sea food may 1,000 pounds and cancellation of the rate be unjust, unreasonable, unjustly dis­ for 100 pounds, on Fifth Revised Page 230 Dated at Bethesda Md., this 23d day criminatory, unduly preferential, or un­ of Airline T ariff Publishers, Inc., Agent’s of April 1971. duly prejudicial, or otherwise unlawful, CAB No. 158 are suspended and their use For the Atomic Energy Commission. and should be suspended pending investi­ deferred to and including August 6,1971, gation.® unless otherwise ordered by the Board, R ichard H . V o l l m e r , and that no changes be made therein dur­ Acting Assistant Director for The Board, by Order 71-2-119, dated February 26, 1971, suspended and set for ing the period of suspension except by Reactor Operations, Division order or special permission of the Board; of Reactor Licensing. investigation a previous proposal by Air West and United to increase rates on 3. The proceeding herein, designated as [FR Doc.71-6582 Filed 5-ll-71;8:46 am] fish and sea food in the above markets. Docket 23369, is assigned for hearing be­ This action was based on the ground that fore an examiner of the Board, at a time the proposed rates would have involved and place hereafter to be designated; relatively sharp increases, ranging be­ 4. The complaint of Thousand Springs CIVIL AERONAUTICS 'BOARD tween 25 and 51 percent, apparently re­ Trout Farms, Inc., and Clear Springs (Dockets Nos. 23369,22859; Order 71-5-18] sulting in significant shipper impact. The Trout Co., Inc., in Docket 23326, is dis­ suspended rates were canceled by the missed, except to the extent granted AIR WEST AND UNITED AIR LINES, carriers pursuant to special permission by herein; and INC. the Board, leaving in effect the previous 5. Copies of this order shall be filed with the tariff and served upon United Air Order of Investigation and Suspension rates. The proposed cancellation of the joint Lines, Inc., Air West (Hughes Air Corp. Adopted by the Civil Aeronautics Board specific commodity rates would leave in doing business as Air W est), Thousand at its office in Washington, D.C., on the effect the sum of the local general com­ Springs Trout Farms, Inc., and Clear 6th day of May 1971. modity rates. The result would be rate Springs Trout Co., me., which are hereby Cancellation of 100-pound weight increases as high as 124 percent, con­ made parties to Docket 23369. break on fish and sea food proposed by siderably more than the increases that This order will be published in the Air West (Hughes Air Corp., doing busi­ would have resulted from the rates that F ederal R e g ist e r . ness as A ir W est) and United A ir Lines, the Board previously suspended. Our cur­ By the Civil Aeronautics Board. Inc., Docket 23369; domestic air freight rent action is also consistent with a num­ rate investigation, Docket 22859. ber of other Board decisions4 implement­ [ s e a l] H arry J. Z in k , By tariff revisions1 filed April 9, and ing the concept that carriers should not Secretary. marked to become effective May 9, 1971, be permitted large increases at one time, [FR Doc.71-6568 Filed 5-ll-71;8:45 am] United Air Lines, Inc., (United) and Air which may result in a significant shipper West (Hughes A ir Corp., doing business impact. as Air West) propose, inter alia, to can­ Accordingly, pursuant to the Federal [Dockets Nos. 23296, 23080; Order 71-5-H] cel joint specific commodity rates on Aviation Act of 1958, and particularly WRIGHT AIR LINES, INC. fish and sea food from Tw in Falls, Idaho, sections 204(a) and 1002 thereof, to Chicago and New York/Newark for It is ordered, That: Order To Show Cause Regarding shipments of 100-499 pounds. The car­ 1. An investigation is instituted to Establishment of Service Mail Rates riers assert that their proposal is in line determine whether the rates and provi­ with recent tariff action taken by United sions (except those reading “Expires with Issued under delegated authority, and various other carriers and approved December 31, 1971”) from Twin Falls, M ay 4, 1971. by the Board. Idaho, to Chicago, 111., and New York, The Postmaster General filed a notice A complaint was filed jointly by Thou­ N.Y.-Newark, N.J., on Item No. 920 via of intent April 20, 1971, pursuant to i* sand Springs Trout Farms, Inc., and CFR, Part 298, petitioning the Boara w Clear Springs Trout Co., Inc.2 The com- establish for Wright Air Lines, ino. 8 The tariffs in question are now under in­ (W rig h t), an air taxi operator, final serv vestigation in Docket 22859, Domestic Air ice mail rates for the transportatio 1 Revisions to Airline Tariff Publishers, Inc., Freight Rate Investigation. Agent’s Tariff CAB No. 158. 4 Order 69-5-65, Pan American’s proposed priority and nonpriority mail by air., 2 The complaint was untimely as a request increases of 40 percent and over; Order between Cleveland, Ohio, and De for suspension. In accordance with the 69-2-111, Reeve Aleutian’s proposal to in­ Mich. . Board’s regulations in economic proceedings, crease specific commodity rates as much as No service mail rates are currently^ Part 302.505 (14 CFR) the complaint should 250 percent; Order 69-3-94, United’s pro­ effect for this transportation by wry- have been filed no later than Apr. 21, 1971. A posal to increase general commodity rates up The Postmaster General requestsi tn to 33 percent; and Order 69-5-105, Oaribair’s telegraphic complaint was received on the multielement service mail rat Apr. 27, followed by a formal complaint on proposal to increase general commodity rates Apr. 28, 1971. by as much as 67 percent. tablished for priority mail by oraei

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 NOTICES 8743 25610, August 28, 1967, in the Domestic Wright Air Lines, Inc., on a temporary [Docket No. 23371] Service Mail Rate Investigation, and for basis, subject to such retroactive adjust­ nonpriority mail by Order 70-4-9, April 2, ment as the decision in Docket 23080 may ALLEGHENY AIRLINES, INC., AND 1970, Nonpriority Mail Rates, be made provide. MOHAWK AIRLINES, INC. applicable to this carriage of mail.1 He Accordingly, pursuant to the Federal states that the Postal Service and W right Aviation Act of 1958, and particularly Application for Approval of Merger; agree that the applicable multielement sections 204(a) and 406 thereof, the Notice of Prehearing Conference rates are the fair and reasonable rates of Board’s Regulations 14 CFR Part 302, 14 Notice is hereby given that a prehear­ compensation for the proposed services. CFR Part 298, and the authority duly ing conference in the above-entitled The rates established by Orders E - delegated by the Board in its organiza­ matter is assigned to be held on May 20, 25610 and 70-4-9 have been open since tion regulations, 14 CFR 385.16(f). 1971, at 10 a.m., e.d.s.t., in Room 726, December 12, 1970, pursuant to Order I t is ordered, That: Universal Building, 1825 Connecticut 70-12-48, December 8, 1970, instituting 1. Wright Air Lines, Inc., the Post­Avenue NW., Washington, DC, before an investigation of the domestic service master General, Airlift International, Examiner Merritt Ruhlen. mail rates for priority and nonpriority Inc., American Airlines, Inc., Eastern Requests for information and evidence, mail. Therefore, the present domestic Air Lines, Inc., The Flying Tiger Line proposed statements of issues, and pro­ service rates for the transportation of Inc., Mohawk Airlines, Inc., North Cen­ posed procedural dates shall be submitted priority and nonpriority mail by air are tral Airlines, Inc., Northeast Airlines, by counsel for the Bureau of Operating subject to such retroactive adjustment Inc., Northwest Airlines, Inc., Trans Rights on or before May 14, 1971, and by to December 12,1970, as the final decision World Airlines, Inc., United Air Lines, the other parties no later than May 19. in the current domestic service mail rate Inc., and all other interested persons, are 1971. investigation may provide. directed to show cause why the Board We propose to establish service rates Dated at Washington, D.C., M ay 6 should not adopt the foregoing proposed 1971. for the transportation by Wright of pri­ findings and conclusions and fix, deter­ ority and nonpriority mail at the levels mine, and publish the rates specified [ s e a l ] T h o m a s L. W r e n n , established in Orders E-25610 and 70-4-9, above, as the fair and reasonable tem­ Chief Examiner. respectively. These rates and provisions porary rates of compensation to be paid [FR Doc.71-6594 Filed 5-41-71;8:47 am] will be subject to retroactive adjustment to Wright Air Lines, Inc., for the trans­ when the current domestic service mail portation of priority and nonpriority rate investigation is concluded. Further­ mail by aircraft, the facilities used and [Docket No. 22617; Order 71-5-26] more, Wright will be made a party to useful therefor, and the services con­ that proceeding. nected therewith as specified above; WTC AIR FREIGHT The Board finds it in the public inter­ 2. Further procedures herein shall be Order of Investigation and Suspension est to fix, determine, and establish the in accordance with 14 CFR Part 302, as fair and reasonable rates of compensa­ specified below; Adopted by the Civil Aeronautics tion to be paid by the Postmaster Gen­ 3. Wright Air Lines, Inc., is hereby Board at its office in Washington, D.C., eral for the proposed transportation of made a party in Docket 23080; on the 7th day of May 1971. mail by aircraft, the facilities used and 4. This order shall be served on W right By Order 70-10-12, dated October 2, useful therefor, and the services con­ Air Lines, Inc., the Postmaster General, 1970, the Board suspended and initiated nected therewith, between the aforesaid Airlift International, Inc., American the investigation in this docket of aggre­ points. Upon consideration of the notice Airlines, Inc., Eastern Air Lines, Inc., The gate rates proposed by WTC Air Freight. or intent and other matters officially no­ Flying Tiger Line Inc., Mohawk Air­ The rates proposed offer incentive dis­ ticed, it is proposed to issue an order2 to lines, Inc., North Central Airlines, Inc., counts based upon certain conditions in­ include the following findings and cluding a requirement of a tender of 500 conclusions: Northeast Airlines, Inc., Northwest Air­ lines, Inc., Trans World Airlines, Inc., pounds for two or more shipments. The The fair and reasonable service mail and United Air Lines, Inc. investigation was directed principally to rates to be paid to W right A ir Lines, Inc., the discrimination issue involved in a entirely by the Postmaster General pur­ This order will be published in the redûced rate for one shipment being de­ suant to section 406 of the Act for the F ederal R e g ist e r . pendent upon the tender of another ship­ transportati°n 0f mail by aircraftj the [ s e a l ] H ar r y J. Z i n k , ment or shipments. This investigation facilities used and useful therefor, and Secretary. proceeded to prehearing conference be­ «l^ yices connected therewith, be- fore Examiner Edward T. Stodola, and SnClcveiand, Ohio and Detroit, Mich. 1. Further procedures related to the at­ tached order shall be in accordance with 14 information responses have been ex­ CFR Part 302, and notice of any objection to changed. Subsequently, WTC requested (a) For priority mail, the multieli the rate or to the other findings and con­ deferral of further procedural dates and S S ra^es established by the Board : clusions proposed therein, shall be filed filed a motion requesting, inter alia that amïf,* f ~ 25610’ August 28, 1967, i within 10 days, and if notice is filed, written it be permitted to amend its tariff under amended; answer and supporting documents shall be suspension and investigation so as to filed within 30 days after service of this * i J or nonpriority mail, the mult order; substitute a requirement of a tender of in n !? rnntes established by the Boai 2. If notice of objection is not filed within five shipments regardless of weight in m Order 70-4-9, April 2, 1970; and 10 days after service of this order, or if notice lieu of the 500-pound tender requirement for two or more shipments. WTC would p rates and provisions of Orde: is filed and answer is not filed within 30 *-25610 and 70-4-9 shall be applicable 1 days after service of this order, all persons also exclude 11 markets from the appli­ shall be deemed to have waived the right to a cation of the tariff. In addition, WTC hearing and all other procedural steps short requested that the investigation proceed tho^orrwJ106 “ ail rates established by of a final decision by the Board, and the Board upon the basis of the modified tariff and pound of terminal charges pei may enter an order incorporating the find­ consented therein to a suspension of the Cleveland of 2.34 cents a/t ings and conclusions proposed therein and fix and determine the final rate specified proposed revision and committed itself charges Detr?it» Plus line-haul therein; to defer the effectiveness of the tariff Prtoritv mai1 ton' mile of 24 cents for mail. and ^ • 33 cents for nonpriority 3. If answer is filed presenting issues for pending disposition of the proceeding. hearing, the issues involved in determining Special tariff permission has been action to Show cause is not a final the fair and reasonable final rate shall be granted permitting WTC to file the tariff review’ rePrded as subject to the limited to those specifically raised by the revisions requested and such tariff was answer, except insofar as other issues are P r iio n s ¿ 0? ^ ° f, 14. CPR Part 385- These raised in accordance with Rule 307 of the filed April 19, 1971 marked to become by the staff 1Ji^i>Ply to fi“ al action taken effective May 19, 1971. The revised re­ 5 385.16(g) Under authority delegated in rules of practice (14 CFR 302.307). quirement of a tender of five shipments [FR Doc. 71-6569 Filed 5-ll-71;8:45 am] leaves remaining the discrimination issue

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8744 NOTICES stemming from the conditioning of lower This order shall be published in the rates for one shipment upon the tender F ederal R eg iste r . FEDERAL COMMUNICATIONS of other shipments and this matter By the Civil Aeronautics Board. should be placed under investigation. No COMMISSION objections, however, have been made to [ s e a l ] H a r r y J. Z i n k , WTC’s motion and the Board finds no Secretary. [Dockets Nos. 19237,19238] reason why the proceeding cannot go for­ [FR Doc.71-6613 Filed 5-ll-71;8:49 am ] SPRAGUE ELECTRIC CO. AND ward on the basis of the modified tariff which will be suspended for the same BERKSHIRE HILLS AVIATION, INC. reasons applying to the suspension of the Order Designating Applications for original filing. CIVIL SERVICE COMMISSION Consolidated Hearing on Stated Upon consideration of all relevant matters, the Board finds that WTC’s DEPARTMENT OF COMMERCE Issues proposal may be unjust, unreasonable, Notice of Revocation of Authority To In regard applications of Sprague unjustly discriminatory, unduly prefer­ Make a Noncareer Executive Electric Co., North Adams, Mass., Docket ential, unduly prejudicial, or otherwise No. 19237, File No. 28-A-L-120, and unlawful, and should be investigated. Assignment Berkshire Hills Aviation, Inc., North Further, in view of the serious questions Under authority of § 9.20 of Civil Serv­ Adams, Mass., Docket No. 19238, File No. of discrimination, and consistent with ice Rule IX (5 CFR 9.20), the Civil Serv­ 116-A-L-110; for aeronautical advisory Order 70-10-12, the Board finds that the ice Commission revokes the authority of station to serve Harriman Airport, North proposed tariff should be suspended the Department of Commerce to fill by Adams, Mass. pending investigation. noncareer executive assignment in the 1. The Commission’s rules (§ 87.251 W TC’s motion filed January 7, 1971, excepted service the position of Deputy (a) ) provide that only one aeronautical will be denied except to the extent here­ Under Secretary of Commerce. advisory station may be authorized to tofore granted. In view of the basic simi­ operate at a landing area. The above- larity of issues, the Board will expand U n it e d S tates C i v i l S erv­ captioned applications both seek Com­ the investigation of WTC’s aggregate ic e C o m m is s io n , mission authority to operate an aeronau­ rates now pending in Docket 22617 to [ s e a l] J am e s C. S p r y , tical advisory station at Harriman Air­ Executive Assistant to encompass the investigation instituted port, North Adams, Mass., and, therefore, the Commissioners. herein. The Board will expect WTC to are mutually exclusive. Accordingly, it defer the effectiveness of its proposed [FR Doc.71-6609 Filed 5-ll-71;8:48 am] is necessary to designate the applications tariffs pending final decision by the for hearing. Except for the issues speci­ Board herein. Further procedural steps INTER-AMERICAN SOCIAL fied herein each applicant is otherwise in this investigation will be established DEVELOPMENT INSTITUTE qualified. by the Hearing Examiner. 2. In view of the foregoing; It is or­ Accordingly, pursuant to the Federal Notice of Grant of Authority To Make dered, That, pursuant to the provisions Aviation Act of 1958, and particularly Noncareer Executive Assignment of section 309(e) of the Communications sections 204(a) and 1002 thereof, Act of 1934, as amended, and § 0.331(b) It is ordered, That: Under authority of § 9.20 of Civil Serv­ (21) o f the Commission rules, the above- 1. An investigation be instituted to de­ ice Rule IX (5 CFR 9.20), the Civil Serv­ captioned applications are hereby desig­ termine whether provisions on the Sec­ ice Commission authorizes the Inter- nated for hearing in a consolidated ond Revised Page 9-C, First Revised Page American Social Development Institute proceeding at a time and place to be 9-D, First Revised Page 9-E, and First to fill by noncareer executive assignment specified in a subsequent Order on the Revised Page 9-F o f C.A.B. No. 7 issued in the excepted service the position of following issues: . by W TC A ir Freight, and rules, regula­ Director of Resources and Research. (a) To determine which applicant tions, or practices affecting such provi­ U n it e d S tates C iv il S er v­ would provide the public with better sions, are or will be, unjust, unreason­ ic e C o m m is s io n ,. aeronautical advisory service based on the following consideration: able, unjustly discriminatory, unduly [ s e a l] J a m es C. S p r y , preferential, unduly prejudicial, or Executive Assistant to (1) Location of the fixed-base opera­ otherwise unlawful, and if found to be the Commissioners. tion and proposed radio station in re ac­ unlawful, to determine and prescribe the tion to the landing area and trame [FR Doc.71-6610 Filed 5-ll-71;8:48 am] lawful provisions, and rules, regulations, patterns; or practices affecting such provisions; (2) Hours of operation; 2. Pending hearing and decision by the (3) Personnel available to provide Board, the Second Revised Page 9-C, INTER-AMERICAN SOCIAL advisory service; First Revised Page 9-D, First Revised DEVELOPMENT INSTITUTE (4) Experience of applicant ana em­ ployees in aviation and aviatio Page 9-E, and First Revised Page 9-F Notice of Grant of Authority To Make of CAB No. 7 issued by W TC A ir Freight, communications; are suspended and their use deferred to Noncareer Executive Assignment (5) Ability to provide information per­ and including August 16, 1971, unless Under authority of §9.20 of Civil taining to primary and second^ co otherwise ordered by the Board, and that Service Rule IX (5 CFR 9.20), the Civil munications as specified in § 87. no changes be made therein during the Service Commission authorized the De­ the Commission’s rules; period of suspension except by order or partment of Inter-American Social (6) Proposed radio system including special permission of the Board; Development Institute to fill by non­ control and dispatch points; and 3. The investigation now pending in career executive assignment in the ex­ (7) The availability of the rjLs Docket 22617 is hereby expanded to en­ cepted service the position of General facilities to other fixed-base opeJa“V compass the investigation instituted in Counsel, Office of the General Counsel. (b) To determine in light of the e paragraph 1 ; U n it e d S tates C iv il S er v­ dence adduced on the foregoing ^ 4. Except to the extent heretofore ic e C o m m is s io n , which, if either, of the apphea granted, the motion of WTC Air Freight [ s e a l ] J a m es C. S p r y , should be granted. ,, in Docket 22617 is denied; and Executive Assistant to 3. I t is further ordered, ra a t to , 5. A copy of this order shall be filed the Commissioners. themselves of an opportumtyto ^ ^ with the tariffs and served upon all par­ Sprague Electric Co., and Berkshi ties to Docket 22617. [F R Doc.71-6611 Filed 5-ll-71;8:49 am ]

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 19F1 NOTICES 8735

Aviation, Inc., »pursuant to § 1.221(c) .of certifl- Certifl- the Commission’s -rules, in person or by cate No- Owner/operator and vessels cate No. Owner/operator and~vessel3 attorney, shall w ithin 20 days o f the 01360— Midland Enterprises Inc.: M/T Lxttjan. mjailing of this order file with the Com­ John J.'Rowe. M/T Kniazik. Walter C. Beckjord. mission, in triplicate, a written appear­ M/T Likodyn. Ovec. M/T Kanaryjka. ance stating an intention to appear on Queen City. M/T Kantar. the date set for hearing and present Robert T. Titoolt. M/T Lodowik. evidence on the issues specified in this W m . H. Zimmer. M/T Laskara. order. Failure to file a written appear­ L. Fiore. M/T Kulbin. ance within the time specified may result Elaine' G. S/T. Kaczawa. in dismissal of the application with Helen S. S/T Karwia. Harllee Branch Jr. prejudice. S/T Krepina. John Ladd Dean. S/T Radwa. Adopted: May 4,1971. Oreo. S/T Hancza. Mike Creditor. S/T Osa. Released: M ay 5,1971. Bob Benter. S/T Omulew. City of Huntington. S a f e t y and S p e c ia l R adio S/TSkawa. Kenova. S/T Olza. S e r vices B u r e a u , 01381--. Shipping & Coal Co., Ltd:: S/T Opawa. [ seal] I r ving B r o w n s t e in , Foreland. S/T Sleza. Deputy Chief, Safety and Spe­ 01601— Tollana Shipping Corp. : S/T Slupia. cial Radio Services Bureau. Tollana. S/T Skrwa. 01602— [FR Doc.71-6586 Filed 5-ll-71;8:46 am] Efstathios Compania Naviera S.A. : S/T Swider. Efstathios. S/T Szprdtawa. ' 01719— Unterweser Reederei Gm.b.H., S/T O bra.. Bremen/Germany, Blumenthal- S/T Olawa. str: S/T Kwisa. FEDERAL MARITIME COMMISSION Kélkheim. S/T Lamdenna. CERTIFICATES OF FINANCIAL 0 1 7 6 3 - The Western Pacific Railroad Co. : . 02040___ Odraswinoujscie: J M/V Las Plumas. Sniardwy. RESPONSIBILITY (OIL POLLUTION) oi776— Perga Steamship Co. S.A.: • Szczytno. Notice of Certificates Issued Nimertis. Sejno. 01780— Virgo Steaniship Co., S.A.: Gardno. Notice is hereby given that the follow ­ Kapetan Georgis. Goplo. ing vessel owners and/or operators have 01782— Vota Steamship Co., S.A. : Jamno. Aelio. Jasien. established evidence of financial respon­ 01789— _ Pamassos Shipping Corp. : sibility, with respect to the vessels in­ Foka. M/V Maxylisa. Finwal. dicated, as required by section l l (p) (1) 01790___ Rex Shipping Corp.: Pletwal. of the Federal 'Water Pollution Control Alexandra Voyazides. Orka. Act, as amended, and, accordingly, have 01829___ Bayamon Tankers Corp. : Homar. been issued Federal Maritime Commis­ Jasper. Langusta. sion Certificates of Financial Responsi­ 01830,___ Cardon Tankers Coorp.: Narwal. Topaz. Kaszalot. bility (Oil Pollution) pursuant to Part 01880— Victoria Shipping Co., Inc.: 542 of Title 46 CFR. Sejwal. Van Fort. Wicko. Certifi­ 01833— S.A.S.D.A. Società Anonima: Wigry. cate No. Owner/operator and vessels M/V Mario Z. Morskie Oko. 01029— Port City Towing Co.: 01884— Northern Barge Line Co.: Morag. M/V Lesta K. NBL 1. Mamry. 01048__ Adriatic Maritime Co., Ltd.: NB L 2. Mielno. Cavalier of Athens. NBL 3. Mied wie. 01049— Delos Maritime Co., Ltd.: NBL4> 02041__ Dalmor Przedslebtorstwo Polowow M/V Black Knight. 02038— Polskie Linde Oceaniczne: Dalekomorskich I Uslug Ry- 01086— Martalento Compania Naviera S.A. Stefan Batory. backich: Panama: Wyspianski. Rawka. Polyvos. Staszic. Piona. 01090— Wallem, Steckmest & Co., A/S: Sniadecki. Brda. Kronviken. Heweliusz. Biebrza. 01161__ -General Freighters Corp.: Domeyko. Raba. Alessandra. Römer. Radomka. Nicola. K. I. Galczynski. Rozoga. Syrie. Henryk Jendza. Przemsza. 01318 Aug.______Bolten, Wm. Miller’s Nach­ Pawel SzwydkoJ. Bryndca. folger: Czacki. Barycz. Karina. Boleslaw Chrobry. Poprad. 01319 Cambridge______Tankers Ltd.: Boleslaw Smialy. Biala. Hunter Cambridge. Mieszko I. Tanew. 01341__ John I. Jacobs & Co., Ltd.: Zeromski. Tysmienica. Hollywood. Sienkiewicz. Wierzyca. Laurelwood. Zawichost. Walsza. Oakwood. Zawiercie. Nidzica 01353__ Rederi A. B. Fredrika: Zambrow. Gen. Rachimow. Ragunda. Zabrze. Dalmor. Gudmundra. Zakopane. Pegaz. Dorotea. Zamosc. 01357 ______Carina. Eastern Associated Terminals C o .: Hugo Kollataj. Lyra. EAT 133. Krynica. Lepus. EAT 148. Pölanlca. 01358 ______Lacerta. Orguif Transport Co..: Brodnica. Libra. A. P.Boxley. 02039—. Gryf Szczecin, Poland: Uran. J. N. Philips. 01359... M/S Pomorze. Neptun. The Ohio River Go.: M/S Gryf Pomorski. Jowisz. ORT 126. S/S Kaszuby. Jupiter. ORT 121E. M/S Piast. Auriga. ORT 122. M/T Likomur. Aries. ORT 124. M/TKolen. Feniks. ORT 111. M/T Korwin. Antlia.

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY T2, 1971 »746 NOTICES

Certifi­ Certifi­ Certifi­ cate No. Owner/operator and vessels cate No. Owner/operator and vessels cate No. Owner/ operator and vessels Andromeda. M/V Tillikum. 02884— West Africa Steamship Co., Ltd.: Virgo. M/V Hiyu. Prophet Elias. Merkury. M/V Kaleetan. 02912— R. & W. Marine Inc.: Apus. M/V Yakima. Louisiana. Centaurus. M/V Elwha. Solvay. Cetus. M/V Kulshan. 02913— River Service Corp.: Cygiius. 02230— Compagnia Marittima Carlo Ca- M/V 77. Columba. meli: M/V 76. Crater. San Giusto. M/V 75. Kastor. 02295— The Great Eastern Shipping Co., 02948— Raymond International Inc.: 02042___ Polskie Ratownictwo Okretowe: Ltd.: Century. Jantar. Jag Rekha. Constitution. Koral. 02336— Klis Compania Naviera S.A. Pan­ Monarch. Perkun ama: Colossus. Swarozyc. Theodoros K. Challenger. 02046___ Marveras Compania Naviera S.A.: 02342.__ Consolidated Mariners, Inc. : Commerce. Almar. Essential. Conqueror. 02,047___ Amarilis Shipping Co. Ltd.: 02438.__ Gefo Gesellschaft Fur Oeltrans- California. Amarilis. porte Mbh. & Co. : S—69 Chelsea. 02048— Apollon Shipping Corp.: Gefo Sun. S-78 Conductor. Apollon. 02501— Standard Oil Company of Cali­ S-79 Cree. 02049— Astro Ascendente Compania Navi­ fornia : S-73 Commonwealth. era S. A.: J. H. Tuttle. S-74 Concord. Aris. Hillyer Brown. 02959— Kokuyo Kaiun Kabushiki Kaisha: 02050— Bluesea Corp.: Nevada Standard. Toyota Maru No. 15. Bluesea. Hawaii Standard. 02978— Corthian Shipping Corporation of 02051— N. Michalos & Sons Maritime Co., Arizona Standard. Panama S.A. : Ltd.: Washington Standard. Corthian. Calliopi Michalos. Idaho Standard. 02979— The J. P. Porter Co., Ltd.: 02052— Cosmo Maritime Corp.: Oregon Standard. Lockeport. Cosmar. H. D. Collier. 03014— Tarwave Shipping Co.: 02053— Lozan Corp.: J. L. Hanna. Tarpon Silver. Lozan. J. H. MacGaregill. 03015---- Tarspray Shipping Co.: 02054___ Paulcrown Compania Naviera S.A.: F. S. Bryant. Tarpon Clipper. Paulcrown. Utah Standard. 03016— Tarsea Shipping Co.: 02055— Conway Shipping Co., Ltd.: M. E. Lombardi. Tarpon River. Victor. Alaska Standard. 03017— Tarswift Shipping Co.: 02056— West End Shipping Corp. S.Ä.: S. O. Co. No. 18. Tarpon Sea. Anastasia V. Chevron Oiler. 03047— E. I. du Pont de Nemours & Co.: 02057— Regina Sea Transports Corp. S.A.: S. O. Co. No. 17. Chemical 704. Joana. Standard Oiler. Edge Moor I. 02058— General Maritime Concern: S. O. Co. No. 7. EIDC 53. Lavender. Chevron Tongass. EIDC 54. 02134.__ Vlamani Compania Naviera S.A.: 02575— Sandra ■ Shipping Co., Ltd. : EIDC 55. Atlantic Klif. Aurora. Chemical 702. 02135___ Armada ii Compania Naviera S.A.: 02630— The Offshore Co. : Chemical 703. Pacific Klif. Hustler. EIDC 6. 02181__- James L. Bryan: 02713— T. L. James & Co., Inc.: Chemical 701. James L. Bryan. Clark. EIDC 51. BBC-2002. Tom James. EIDC 52. BBC-2001. BT—10. EIDC 7. 02190— Bugsier-, Reederei- und Bergungs- BT-1. Rep Acid. Aktiengesellschaft : BT—90. EIDC 5. M/V Weserland. Lewis James. EIDC 4. M/V Hannoverland. BT—51. EIDC 3. M/V Ostfriesland. Geo. D. Williams. Chemical 101. M/V Arctic. B T -1 12. Chemical 102. M/V Oceanic. B T-105. EIDC 2. M/V Seefälke. BT—108. EIDC 1. M/V Pacific. BT—109. 03070— Coastal Towing Corp.: M/V Atlantic. B T -1 10. Coastal 2503. M/V Albatros. B T -104. Coastal 2504. M/V Baltic. BT—26. Coastal 2615. 02191 — Manhattan Oil Transporation BT—79. Coastal 2650. Corp.: BT—103. Chotin 1658. Manoleine. Bobby James. NBC 903. Gnat. NBC 980. . Mantank. Naves Transoceánicas Armadora Manhunt. 02714— Golden Eagle Panama Inc. : 03120— Betty K. Golden Petrel. S A . : Joan K. Golden Condor. Aristokratie. _ A Santa Dodo Compania Naviera a «- Supercraft. Golden Owl. 03122— Starcraft. 02718— Almajor Shipping Co., Ltd. : Panama: Ivor. Georgios Mats as. Stabenko. . 03256___ Upper Mississippi Towing corp.. 02200___ State of Washington: 02724— Security Barge Line Inc.: Washington. Leslie Ann. Vashon. Mohawk Navigation Co., Ltd.. M/V Kehloken. Issaquena. 03258— Tunica. S/S Golden Hind. M/V Klahánie. M/V Silver Isle. 02750— H & S Transportation Co., Inc. : M/V Chetzemoka. M/V Senneville. M/V Quinault. , STC 2520 B. Scott Misener steamships Ltd.: M/V Illahee. STC 2510. 03259— M/V Nisqually. NBC 965. M/V Ralph Misener. M/V Klickitat. NBC 966. S/S J. N. McWatters. M/V Olympic. STC 2004. S/S John A. France. M/V Rhododendron» Christy 211. S/S Scott Misener. M/V Evergreen State. NBC 1452. S/S John O. McKellar. S/S John E. F. Misener. M/V Klahowya. Alleen Sanders.

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 NOTICES '8747

Certifi­ Certifi­ Certifi­ cate No. Owner/operator ana vessels cate No. Owner/operator and vessels cate No. Owner/operator and vessels S/S George M. Carl. 03381 Compania Naviera Syra, S.A.: 03857___ Jones & Laughlin Steel Corp. : S/S Royalton. Rlnoula. Chem 2. 03271__ Sea-Land Service, Inc.: 03382 _ Endeavour Compania Naviera, 03861___ Far East Shipping Co. : Chicago. S.A.: S/S Akiko. New Yorker. Spalmatori Islands. 03938___ Liberian Virtue Transports, Inc.: Maiden Creek. 03383 _ Spalmatori Compania Naviera, World Pelagic. Claiborne. S.A.: 04002___ Compagnie Des Messageries Mari­ Summit. Spalmatori Captain. times: Warrior. 03384 _ Apiganos Corp.: Zambeze. Wacosta. Spalmatori Engineer. Kangourou. Afoundria. 03385 _ Marvigia Compania Naviera, S.A.: Moheli. Arizpa. Spalmatori Seaman. Vaucluse. Gateway City. 03386 _ Compania Naviera Garoufalia, Vienne. Raphael Semmes. S.A.: Vélay. Fairland. Spyros A. Lemos. Yang-Tse. Bienville. 03392___ Estraila Marítima S.A. de Navega­ Yatou. Azalea City. ción y Comercio: Oyonnax. Beauregard. Pecten. Yarra. Detroit. Kellia. Tigre. Ponce. Harvella. Si-Kiang. Mayaguez. Estrella Argentina. Polynesie. Baltimore. Estrella Patagónica. Moonie. Philadelphia. 03410___ Pacoil Shipping Co. S.A. of Le Natal. Mobile. Panama: Kouang Si. Portland. Athenian Glory. Iraouaddy. Brooklyn. 03411., Athenian Shipping, Inc. S.A.: Indus. Charleston. Athenian Lady. Godavery. New Orleans. 03434___ Hoko Suisan K.K. : Gance. Seattle. Hoko Maru No. 25. Gallieni. Anchorage. 03440___ Japan Kisen Kabushiki Kaisha: Euphrate. Boston. Kyokuryu Meru. Mozambique. Newark. 03447___ KJK. Kyokuyo : Pasteur. Galveston. Kyokusei Mani. 04023--. Erie Sand and Gravel Co.: Tampa. 03451___ Kowa Shosen K.K. : Wellston. Jacksonville. Japan Maple. M /V J.S . St.John. Houston. 03477— Nissui Laiun K.K.: 04024 Erie Sand Steamship Co.: San Juan. Matsukaze Mani. M/V Niagara. Los Angeles. 03502___ Shinyei Senpaku K.K. : S/S Sidney E. Smith, Jr. Elizabethport. Canada Mani. M/V Lakewood. San Francisco. 03514___ Terukuni Kaiun K.K. : 04065— Altair Maritime S.A. : Long Beach. Kirishima Maru. Aquila. Oakland. 03569— I/S Ringvard : 04066— Taurus Shipping Co., Inc.: Panama. M/S Ringvard. Akbar. Trenton. 03570— I/S Ringar: 04084— Ocean Messengers, Inc.: Rose City. M/S Ringar. Seafarer. Pittsburgh. 03571___ Ringsdals Rederi A/S and Olva 04087 Merichem Co.: San Pedro. Ringsdals Tankrederi A/S: ETT—104. St. Louis. M/S Ringstad. ETT—105. 03294—_ Companhia de Navegacao Lloyd 03594— Bordagain Shipping Co., Ltd. : MER—111. Brasileiro: Bordagain. NMS—1304. Itapui. Bordaban-i. 04098— Hougland Barge Line, Inc. : 03329— Hudson Waterways Corp.: Borabekoa. W G H 9. Seatrain Ohio. 03637— P.A. Van Es & Co. N.V.: W G H 10. Breevliet. Seatrain Carolina. JGH 33. Breevoort. Seatrain Puerto Rico. W G H 14. Seatrain Maryland. Breeveld. RW H 43. Seatrain Florida. Breezand. W G E 15. Seatrain Maine. Breehorn. W G H 11. Seatrain Washington. Bree-Helle. W G H 12. 03340.__ Lloyds Africa Ltd.: Kittiwake. W G H 16. Eastport. Imber. W G H 21. Bayport. Breehees. W G H 31. Centerport. 03672___ Helena Marine Service, Inc.: Greenport. HMS-105. Jackson Purchase. Bellport. HMS-102. Pennyrile. Freeport. 03679___ Miami Terminal Transport: W G H 47. 03372... Compania Naviera Delagrazia S.A.: Fred H. Billups. Jayne Hougland. Frances M. Hougland. Agios Nicolaos IV. . Mariam P. Billups. Warren Hougland. “—- Theopatoron Compania Naviera Irwin II. S.A.: Out Islander. Jim Hougland. Walter G. Hougland. Ooq7- Dimitris P. Lemos. Freight Transporter. — Astroneptuno Compania Naviera, Mar Caribe. 04104— _ Parkhill-Goodloe Co., Die.: S.A.: Freeport I. Dauntless. 0337« „ Calemos. 03688___ The Pilots’ Association for the Bay 04113___ Mon River Towing, Inc. : - — carnation Compania Naviera, S.A.: and River Delaware: Jacob G. M/V Philadelphia. 03377 r , Ire n e S - L e m o s - MRBL-12. — Compania Naviera Avra S.A.: 03693___ Tex-Tow, Inc.: MRBL-88. 0337« ^ Kyrakatingo. George, Jr. MRT—21. — Compania Naviera Rimaran, S.Á.: David. PO-1201. 03695 _ Wood River Harbor Service Co.: E-110 (Esso 11Q). QOrmq .Marianna. Bunker. Walker 24. Compania Pacifica Financiera, S.A.: CE—58. G BL-4 (Hines 20). J. W. Good. GBL—3 (IOC-2). 033« MariaP. Lemos. GMC Barge. GBL (TOT-2). Nav^strovili Compania Naviera, 03696 _ Graham Towing Co.: GBL-1 (IOT-L). IMS-2005. GBL-5 (IOT-6) . Polydoros. IMS-2006. GBL-6.

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY T 2 , 1971 8748 NOTICES

Certifi­ Certifi­ Certifi­ cate No. Owner/operator and vessels cate No. Owner/operator and vessels cate No. Owner/operator and vessels GBIr-7. 04231— Albright and Wilson Ltd.: 04454— Satsumaru Kaiun K.K.: GBL-8. Albright Explorer. Satsu Maru No. 16. GBL—9. Albright Pioneer. 04456— Venus Maritime Corp.: GB L—10. 04244— Suchanan Shipping Co., Inc.: Venus Argosy. 04123— J. M. Johannesens Rederi A/S: Star Clipper. Venus Bounty. Finse. Star Bay. 04492— Haruki Suisan Kabushiki Kaisha: 04129— Missouri River Barge Lines, Inc.: 04245— Breford Co., Inc.: Yukonafu No. 18. M/V Vicksburg. Blankenberg. _04547___ Mr. Katsujiro Yamazaki: M/V Belzoni. 04246— Florida Panama Lines, Inc.: Kotohiramaru No. 38. 04131___ Ocean Couriers, Inc.: Tauros. 04558___ Daiei Gyogyo Kabushiki Kaisha: Avenger. Carlos Miguel. Takuyo Maru. Loreto. 04607___ The Bridgeport and Port Jefferson 04132___ Parco, Inc.: 04258— Trans World Navigation Corp., Steamboat Co.: Elizabeth Turner. Ltd. Martha Vineyard. 04138__ . Dixie Sand and Gravel Co.: Mandarin. 04629— Smit International (Antilles) Richard Hardy. 04264- „ Keretis Comapnia Maritima S.A.: N.V.: 04170— Dillingham Corp.: Cape tan Costas Panou. Schelde. HTB—4. 04269— Vronca Compania Naviera S.A.: 04631— O. L. Schmidt Barge Lines, Inc.: HTB-5. Kyra Katina. No. 29. HTB—7. 04270— Industrias Compania Naviera S.A.: No. 28; HTB—9. Caliopi. No. 26. HTB-10. 04274— Selestial Shipping Co.: No. 25. HTB—11. Ourania. 04635— Crescent Towing & Salvage Co., HTB—14. 04277— C. W. Blakeslee & Sons, Inc.: Inc.: HTB—25. William, P. Humrick. HTB—27. Major. 04641___ American Tug Boat Co.: HTB—29. 04284___ Oil Base, Inc.: ATB—96. HTB—32. No. 324. ATB-97. PT&S 378. SB-11. ATB—99. Mikiona. No. 320. 04679___ Ratnakar Shipping Co., Ltd.: MO I. 04291___ Barge Operations, Inc.: Ratna Manjushree. Gaylord. Anne Louise. Ratna Chandralekha. C. F. Weeber. 04292___ Mercury Tank Cleaning Coop.: Ratna Usha. Mud Scow 2318. Peter Frank. Ratna Jayshree. 04293 HD 2300. _ General Marine Transport Corp.: 04703-__ Yokkaichi Gyogyo Kabushiki Susan Frank. 04171. Young Brothers Ltd.: K aisha: 04294 _ Diversified Tansport, Corp.: Y B —15. Nanseimaru No. 17. Sam Berman. Y B —16. Daienmaru No. 11. 04295 _ Water Facilities, Inc.: YB—18. Imperial Shipping Trading Corp. Amy B. 04774___ Y B —19. Panam a: 04296 _ Crystal Oil Co., Inc.: Y B —20. Crown III. Alan Martin. Y B —22. 04791___ Atlantic Navigation Ltd.: Y B —23. 04319___ Catano Barge Corp.: Catano. Dolphin. Y B —24. 04805— Big T Towing Co., Inc.: Y B —26. 04365___ Roy Carl Furfiord: Sonya. Tennessee. Y B —30. Aleutian Fjord. 04806— Feeder Line Towing Service, Inc.: 04175___ Atlantic, G ulf and Pacific Co.: * 04376___ Panultra S. A.: Linda. 1501. Marietta E. 04807— Williamson Marine Transport, Pittsburg. 04387___ Sea tankers, Inc.: Inc.: Barlow. Universal Conveyor. Ohio. Texas. Universal Patriot. 04808— T ri-W Towing Co., Inc.: Arundel (Mobile). Cedros. Tri-W . Baltimore. 04406___ Alter Co.: 04809— Williamson Towing Co., Inc.: Carolina. Col. Davenport. Greenville. A.G. & P. Co. No. 74. Phyllis. 04848— Surrendra Overseas Ltd.: A.G. & P. Co. No. 75. Frank R. Alter. APJ Priya. A.G. & P. Co. No. 62. 04410 Tenneco Oil Co.: APJ Akash. A.G. & P. Co. No. 66. Tenneco 150. APJAnjli. A.G. & P. Co. No. 76. Tenneco 128. APJ Sushma. SC 1099. Tenneco 125. APJ Ambika. SC 1100. Tenneco 160. 04882— Compania Naviera Para Niajes A.G. & P. Co. No. 70. Tenneco 161. Sud America S.A.: Florida. Tenneco 170. M/V Pantelis. Peru. 04444— Mid-America Transportation Co.: 04883— Bumble Bee Seafoods, A: 04179___ Ory Bros. Marine Service, Inc.: Emma Bordner. Anne M. CBL 302. Ann King. 04884— Hall Corp. (Shipping) 1969 Ltd.: 04183___ Vita Food Products, Inc.: 04446 Universal Marine, Inc.: Inland Transport. Dipper. UM I 1650. James Transport. Viceroy. C. R. Clements. River Transport. 04197___ Gulf Atlantic Towing Corp.: U M I 1822B. Hudson Transport. Manila. U M I 2408. Sea Transport. Caribe. UM I 2407. Cove Transport. GATCO 3060. UM I 2223B. Lake Transport. GATCO 3061. UM I 2222B. Cape Transport. GATCO 3062. UM I 2521. Bay Transport. GATCO 1603. UM I 2523. Halifax. GATCO 200. UM I 2564. Stonefax. GATCO 165. UM I 2563. Orefax. GATCO 135. U M I 2550. Maplecliffe Hall. GATCO 102. U M I 2551. Ottercliffe Hall. GATCO 105. U M I 2822B. Lawencecliffe Hall. GATCO 106. U M I 2821. Frankcliffe Hall. H. G. Williams. U M I 2820. Beavercliffe Hall. GATCO 95. 04451___ Venus International Corp.: Hutchcliffe Hall. GATCO 83. Pleias. Northcliffe Hall. GATCO 80. Venus Challenger. Coniscliffe Hall.

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 NOTICES 8749

Certifi­ Certifi­ Certifi­ cate No. Owner/operator and vessels cate No. Owner/operator and vessels cate No. Owner/operator and vessels Industrial Transport. 05322— Gloria Navigation Line Co.: Carol Virginia. Chemical Transport. Gloria Siderum. Navmachos Shipping Co.: Mary Barbara. • 04899— 05305___ Clio Navigation S.A. Panama: Lois Seaver. Navmachos. Charalambos. Larry Roe. Okeanomachos Compania Naviera 04900— 05361 — Mismar Motorship Carp.: Elsie A. S.A.: Miss Marietta. 05540— Kaiser Steel Corp.: Okeanomachos. 05362___ Minimich Corp.: Maddy B. Ogden Amazon Transport, Inc.: 04901---- M/V Michalakis. 05549— Polska Zegluga Morska: Ogden Amazon. 05363___ Maistros Corp.: M/V Manifest Lipcowy. 04902.. . Ogden Thames Transport, Inc.: M/V Master Petros. M/V Powstaniec Slaskl. Ogden Thames. 05364___ Minimar Corp.: M/V Ziemia Kielecka. 04903— Hudson Transport, Inc.: M/V Mary. M/V Ziemia Szozeeinska. S/S Hudson. 05378___ Gulf States Oil Transportation M/V Ziemia Lubuska. 04907__ James River Transport, Inc.: Oo.: M/V Ziemia Wielkopolska. S/S James. G ulf States 3000. M/V Ziemia Gdanska. 04917__ Wabash Transport, Inc;: Gulf States 1001. M/V Ziemia Mazowiecka. S/S Ogden Wabash. Gulf States 1000. M/V Ziema Loszalinska. 04919__ Albany River Transport, Inc.: G u lf states 3001. 05551— Lyra Shipping- Corp.: S/S Albany. Gulf States 2401. Harp. A 04986.. Rederi . j M/V Leo Polaris: G u lf States 2400. 05555— Potomac Sand and Gravel Co.: Leo Polaris. 05380.__ Tridentco Shipping Ltd.: PS&G Arlington. 05000 Mullion ______Tankers Ltd.; Sovereign Ruby. PS&G Dredge No. 8. Prima. 05386— Zip Corp. : Keystone. Seconda. S/S Cohansey. 05557— Astrovivo Compañía Naviera S.A.: 05001 ______Wenduyne Shipping Co.,-Ltd.: 05405.__ Linea Amazonica S.A.: S/S Stravros. Wenduyne. Atahualpa. 05558— Guadoro Compañía Naviera S.A.: 05004__ Flowers Transportation, Inc.: 05432— Lloyd Triestino-Società: per Azioni S/S Panagia Kounistra. Glenda S. di Navigazione: 05561___ Inland Steel Co.: 05008__ Star-Kist Foods, Inc.: Galileo Galilei. Wilfred Sykes. Cheryl Marie. Guglielmo Marconi. E. J. Block. Freedom. 05458— Oceanie Freighters Corp. : Clarence B. Randall. Apollo. M/V Lady Era. Philip D. Block. Angela. 05459— Neptunla Ine.: L. E. Block. Mary Antoinette. M/V Theodore. Edward L. Ryerson. Jasna. 05460— Alkman Ine.: Vida. 05564___ Europa Shipping Corp.: M/V Alkman. Marathonian. Antonina C. 05461— Oceanica Ine. : 05016__ 05565— Hess Oil Virgin Islands Corp.: M/V Oceanie. Fairfield Shipping Corp.: U 704. 05462— Atlantis Corp. : Stephanie. Hovic 4. M/V Helen. 05566— Jutland Shipping Corp.: Thatch Cay. 05462___ Apollo Corp.: Elisabeth 05042__ State of Alaska Department of M/V Apollo. 05567— Mid-Atlantic Steamship Corp.: Public W orks: 05464___ Pacific Corp.: Sounion. M/V Wickersham. M/V Christitsa. 05568— African Shipping Enterprises Ltd.: M/V Malaspina. 05465___ Alcyonia Corp.: Aktian. M/V Matanuska. M/ V Ima. Far-Eastern Steamship Co.: M/V Taku. 05468— -Luna IV Compania Naviera S.A. Alexander Vermishev. M/V Tustumena. Panama: Gamzat Tsadasa. M/V Bartlett. Papanicolis. 05058__ Ivan Kotliarevsky. Oriental Bulk Carriers, Inc.: 05469___ Santaroza Navigation Go., Ltd.: Konstantin Paustovsky. Atlantic Challenge. Katina M. 05083__ Makhtum Kuli. Marwell Caribe, Inc.: 05490___ Levingston Shipbuilding Co.: , Alisher Navoi. Western Warrior. Golden Rule. Ovanes Tumanyan. Allan Judith. Helping Hand. 05153__ Okhotsk. William Holm Jacobsen: 05492___ Nuffiels Shipping, Inc. : Ola. Christian Holm. Independent Trader. 05204... Otradnoe. Steuart Transportation Co.: 05494.__ Moore Terminal & Barge Co., Inc.: Orsha. ' STC 104. Margaret M. Omburg. STC 10 1. Betty M. Novikov-Priboy. STC102. Jimmy M. Gavriil Derzhavin. STC 106. Christine M. Sergey Essenin. STC 107. John, Jr. STC 109. Betty Elizabeth. Vladimir MayadovSky. Auntie Mame. James W. Moore-100. Nikolay Karamzin. T/B Elizabeth S. Suleyman Stalsky. 05206.. James, Jr. McDonough Co.: 05495___ Per Hagen’s Rederi : 05582— Mesa Industri-Og Skipsservice West Virginian Dredge. Aksvik. A/S: Joe Lucas Dredge. 05497 05213.. Holy Co., Ltd.: Elisabeth. Americas Navigation Co., S.A.: M/V.Holy. 05585____ Freeport Barge Lines, Inc.: S/S Citizens UNA. 05502 05232.. Independent Pioneer Navigation Hines 32. Diamond Drilling Co.: (Liberia) Ltd.: Hines 33. ST-65. Independent Pioneer. 05587— ST-64. 05504 Fairplay Schleppdampfschiffs-Re- 05250.. Wavecrest Shipping Go., Ltd;: Fleet Towing Co.: ~ ederei Richard Borchard Agia Sophia. G.m .bH.: i? Vader- 05527____ Rancocas Steamship Go.: Fairplay LX. Illinois. Coral Gem. 05276.. 05593— Interessentskapet Pacific: M/S Silur-Von Colln-Schiffahrts- 05530 _ Consolidated Towing Co. : M/V Pacific Express. kommandit-Gesellschaft: Melinda B. 05595___ Interessentskapet Obo: 05287.. cwnVweigl\Jade- 05539___ Westgate Terminals, Inc. : CWC Fisheries, Inc.: Southgate. M/A Obo Prince. Alaska Queen. Westgate. 05599___ Unity Maritime Corp.: 05289.. Ocean Maid. Independence. Unity. Connaught Tankers Cogp.: Concho. 05605___ Faircape Steamship Corp.; 50299.. Cumbernauld. Missouri. M/V Stamatios. Waterways Marine of 'Greenville, Westport. 0 5 6 0 6 - Antria Shifting Co., Ltd., Mon­ Inc.: San Juan. GW G 202. rovia: United States. Akra Aktlon.

No. 92------5 FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8750 NOTICES

Certifi­ Certifi­ of the voting shares of The Stephens cate No. Owner/operator and vessels cate No. Owner/operator and vessels Security Bank. 05607___ Hannah Inland Waterways Oorp.: 05644— Hurricanesea Compania Navirera The Board’s original action was spe­ No. 3102. Panama: cifically due to the enactment in Ar­ No. 3101. Alphard. kansas, subsequent to the filing of the No. 2903. 05656— Ceylon Shipping Corp., Ltd.: application, of a statute prohibiting the Lanka Rani. No. 2902. formation and expànsion of multibank Hannah 2901. 05658— Naviera Guanche, S.A.: Hannah 2004. Guayarmina. holding companies. The petition is based Hannah 2003. Guayadeque. upon a recently enacted Arkansas statute Hannah 2002. 05670— Vasco Madrilena de Navegacion which exempts from the general prohibi­ Hannah 2001. S.A.: tion applications in process before the Muskegon. Valle de Orozco. Board prior to the passage of the first 05609 ______Saint Nicolas Shipping Co.: Cantonad. statute. In view thereof, the Board finds Mariner. Irus. that reconsideration would be appropri­ O.K. Service Shipping Ltd.: 05610 ______Davis Construction Co.: 05695__- ate in order to reach a decision as to the D-6521. O.K. Service X. D-6220. 05704— Murmansk Steamship Co.: merits of the application. 05616___ Eastern Maritime Corp. Ltd.: Vasya Shiphskovsky. It is hereby ordered, That the Peti­ M/V Eastern Mariner. Stanislavsky. tion for Reconsideration of the applica­ 05617— Maritima Del Norte, S.A.: Ivan Moskvin. tion be and hereby is granted. In order Sierra Andia. Vasiliy Kachalov. to facilitate such reconsideration, not Sierra Aramo. Nemirovich Danchenko. later than thirty (30) days after the pub­ Leonid Leonidov. Sierra Aranzazu. lication of this order in the F ederal Reg­ Sierra Luna. Dneproges. Volkhovges. ist e r , comments,and views regarding the Sierra Lucena. proposed acquisition may be filed with Sierra Fria. Rionges. Sierra Madre. Kuibyshe vges. thé Board. Communications should be Sierra Maria. Angarges. addressed to the Secretary, Board of 05618— Compania Naviera Unitas S.A.: Tsimlyanskges. Governors of the Federal Reserve Sys­ Argolis. Nayarin. tem, Washington, D.C. 20551. The appli­ 05619— Paleocrassas Brothers & Partners: Vasya Kotik. cation, as amended, may be inspected at Captaynnis. Sasha Kovalev. the office of the Board of Governors or Galya Komleva. 05620___ Sociedad de Navegacion Albion the Federal Reserve Bank of St. Louis. S.A.: Indigirka. M/S Ekali. Zapolyarny. By order of the Board of the Gover­ Shura Kober. 05624— P. N. Pertambangan Minjak Dan nors,1 M ay 4, 1971. Gas Bumi Nasional (Perta- Le A. m dna): Nina Kukoverovwa. K e n n e t h A. K enyon, Permina 104. Vasya Korobko. Deputy Secretary. Permina. 101. Sasha Borodulin. [F R Doc.71-6583 Filed 5-ll-71;8:46 am] Permina 102. Juta Bondarovskaya. Permina 1006. Murman. Permina 1005. Bukhtarma. Permina 1003. Olenegorsk. Permina 1002. Segezha. SECURITIES AND EXCHANGE Permina 1001. Gizhiga. Permina 1004. 05706— Chowgule Steamships Ltd.: Permina 103. M/V Maratha Providene. COMMISSION M/V Maratha Progress. Permina 107. [70-5020] Permina Samudra IV. M—02496 United States Steel Corp.: Permina Samudra V. Vessels held for purposes of con­ APPALACHIAN POWER CO. Permina Samudra II. struction, scrapping or sale, Permina Samudra I. but not including vessels over Notice of Proposed Issue and Sale of 05625— Maritime International Develop­ 1,000 gross tons. Notes to Banks and to Dealers in ment Corp., Ltd.; By the Commission. M/V Hoi Fung. Commercial Paper and Exception 05626— M uhammad! Steamship Co., Ltd.: F r a n c is C. H u r n e y , From Competitive Bidding A1 Hasan. Secretary. M a y 5, 1971. A1 Ahmadi. [FR Doc.71-6554 Filed 5-11-71; 8:45 am] A1 Abedin. Notice is hereby given that App&" A1 Kulsum. lachian Power Co. (Appalachian), « A1 Abbas. Franklin Road, Roanoke, VA 24009, an A1 Murtaza. electric utility subsidiary company 05627— Gestioni Esercizio Navi Sicilia- G.E.N.S. S.p.A.: FEDERAL RESERVE SYSTEM American Electric Power Co., inc-> Capo Noli. FIRST ARKANSAS BANKSTOCK CORP. registered holding company, has nie 05628— Capricorn Lines (Proprietary) application and an amendment tn Ltd.: Order for, and Notice of, with this Commission pursuant to m Safocean Auckland. Reconsideration Public Utility Holding Company Act oj Safocean Albany. 1935 (A c t ), designating section 6 0) 05629— General Electric Co.: In the matter of the application of the Act and Rule 50(a) (5) promulgateû Gowanus Bay No. 1. First Arkansas Bankstock Corp., Little Gowanus Bay No. 2. thereunder as applicable to the P^P0 Rock, Ark., for approval of acquisition transactions. All interested pens Gowanus Bay No. 3. of 80 percent or more of the voting shares Gowanus Bay No. 4. referred to the application, which of The Stephens Security Bank, Ste­ 05630— Newport News Shipbuilding and marized below, for a complete stat Dry Dock Co.: phens, Ark. of the proposed transactions. Atlas. This matter comes before the Board Appalachian requests that ftom Tank Barge No. 25. of Governors on Petition by First Arkan­ date of the granting of this application Mr. Masanori Yoshinoya: sas Bankstock Corp. requesting that the 05635— to June 30,1973, the exemption from M/S Sagami Maru. Board reconsider its order dated Feb­ provisions of section 6(a) of t . 05637— Hagimori Kaiun K.K.: ruary 22, 1971 (36 F.R. 3852), whereby Tenryo Maru. the Board denied the application of First Tenkai Maru. Malsam Shipping Co., S.A.: Arkansas Bankstock Corp., filed pursu­ Voting for this action: Chalr“ ^ ^ ^ 05641— d Governors Robertson, Daane. M ^ . ^ Achaika Star. ant to section 3(a) of the Bank Holding immer. Absent and not voting, 05643— A/S Marva: Company Act of 1956, for prior approval Marva. of the acquisition of 80 percent or more tchell and Sherrill.

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 NOTICES 8751

afforded to it by the first sentence of Each note payable to a bank to be Notice is further given that any inter­ section 6(b) of the Act, relating to the issued by Appalachian will be dated as ested person may, not later than May 27, issue of short-term notes, be increased of the date of the borrowing which it 1971, request in writing that a hearing to the extent necessary to cover the issu­ evidences and will mature not more be held on such matter, stating the ance and sale of notes to banks and to than 270 days after the date of issuance nature of his interest, the reasons for dealers in commercial paper up to the or renewal thereof. Each such note will such request, and the issues of fact or maximum amounts allowable under its bear interest no greater than the prime law raised by said application which he Articles of Association. Appalachian’s rate of commercial banks at the time desires to controvert; or he may request Articles of Association provide among of issuance or in effect from time to that he be notified if the Commission other things, that Appalachian may time and will be prepayable at any time should order a hearing thereon. Any such not incur unsecured indebtedness with without premium or penalty. Appala­ request should be addressed: Secretary, maturities of less than 10 years (other chian will not effect any borrowing from Securities and Exchange Commission, than obligations to pay the purchase banks pursuant to this application until Washington, D.C. 20549. A copy of such price of material or equipment made in an amendment thereto has been filed request should be served personally or by the ordinary course of business) in an setting forth the name or names of the mail (air mail if the person being served aggregate amount which would exceed banks from which such borrowings are is located more than 500 miles from the 10 percent of the capitalization of the to be effected and such amendment shall point of mailing) upon the applicant at company, without the consent of the have been granted by order of the the above-stated address, and proof of holders of a majority of the total num­ Commission. service (by affidavit or, in case of an ber of shares of cumulative preferred The commercial paper will be in the attorney at law, by certificate) should stock of all series then outstanding. Pur­ form of promissory notes in denomina­ be filed with the request. At any time suant to an order of the Commission tions of not less than $50,000 nor more after said date, the application, as dated March 30, 1971 (Holding Company than $5,000,000 and will be of varying amended or as it may be further Act Release No. 17070), Appalachian has maturities, with no maturity more than amended, may be granted as provided in proposed to the holders of the shares of 270 days after the date of issue; none Rule 23 of the general rules and Regula­ cumulative preferred stock, for their con­ will be prepayable prior to maturity. The tions promulgated under the Act, or the sideration at a special meeting of share­ commercial paper notes of Appalachian Commission may grant exemption from holders to be held on May 19, 1971, that will be sold directly to not more than two such rules as provided in Rules 20(a) and until January 1, 1975, the company be dealers at a discount not in excess of 100 thereof or take such other action as authorized to incur additional short-term the discount rate per annum prevailing it may deem appropriate. Persons who indebtedness in excess of 10 percent, but at the time of issuance for commercial request a hearing or advice as to not in excess of 20 percent (when taken paper of comparable quality and matu­ whether a hearing is ordered will receive together with the company’s outstanding rity. No commercial paper notes will be notice of further developments in this unsecured debentures), of the aggregate issued having a maturity more than 90 matter, including the date of the hear­ of the total principal amount of all bonds days at an effective interest cost which ing (if ordered) and any postponements or other secured indebtedness of the exceeds the effective interest cost at thereof. company and the capital and surplus of which Appalachian could borrow from the company, provided that none of such For the Commission, by the Division banks. The dealers will reoffer the com­ of Corporate Regulation, pursuant to short-term debt shall mature later than mercial paper notes to not more than 100 June 1, 1975. As of March 31, 1971, the delegated authority. of their customers identified and desig­ maximum amount of short-term indebt- nated in a list (nonpublic) prepared in [ s e a l ] T h eo do re L. H u m e s , edness which Appalachian can incur is advance. It is expected that Appalach­ Associate Secretary. 573,330,000, and if the holders of the ian’s commercial paper notes will be cumulative preferred stock approve the IFR Doc.71-6603 Filed 5-ll-71;8:48 am] held by each dealer’s customers to ma­ aforementioned proposal, Appalachian turity, but if the customers wish to resell could incur $27,800,000 additional short­ prior to maturity, the dealer, pursuant [812-2782] term indebtedness. Thus, Appalachian to a verbal repurchase agreement, will now proposes to issue short-term notes to repurchase the notes and reoffer them DANA LABORATORIES, INC. oanks and commercial paper dealers in to others in its group of 100 customers. R iW S S * amount not'to exceed Notice of Filing of Application for 5101,130,000 outstanding at any one Appalachian requests exception from Order Authorizing Proposed Trans­ tune, including short-term notes pres- the competitive bidding requirements of action ™tiy outstanding. Increases in this Rule 50 for the proposed issue and sale of its commercial paper pursuant to m?y be authorized by supple­ M a y 5, 1971. mental order of the Commission. The paragraph (a) (5) thereof on the Notice is hereby given that Dana Lab­ grounds that it is not practicable to tXm? f reTto be issued from time to time oratories, Inc. (Dana) 500 Newport invite competitive bids for commercial m,£Li?DJun? 30’ 1973> ^ funds are re- Center Drive, Newport Beach, CA 92660, -Provided, That none of the notes paper and that current rates for com­ a California corporation, has filed an wuimature later than December 31,1973. mercial paper of prime borrowers such application pursuant to section 17(b) of as Appalachian are published daily in of Proceeds from the issue and sale the Investment Company Act of 1940 financial publications. Appalachian also (Act) for an order exempting from the to rSmhn68 b? u s ^ by Appalachian requests authority to file certificates provisions of section 17(a) a proposed PendSKSf86 5® .treasury for past ex- under Rule 24 with respect to the issue transaction involving the purchase by conJrS- made m connection with its and sale of commercial paper hereafter cost 5 ^ ° ? Program. to pay part o f the Dana from, or exchange of real property consummated pursuant to this proceed­ between Dana and Dana’s president, and fo A t iUtUre construction program, ing on a quarterly basis. c o iL n L ^ her oorporate purposes. Such John F. Bishop, and his wife. All inter­ The application states that expenses ested persons are referred to the appli­ ond h ii/ ,? ? , an?enditures for the sec- related to the proposed transactions are cation on file with the Commission for are S in S L i8! 1 *nd for the year 1972 estimated not to exceed $2,500. It is a full statement of the representations $81 SiK Si d t0 total $63 million and further stated that the Virginia State tion ™**<™ly. The applica- therein, which are summarized below. Corporation Commission has jurisdiction ized bv 11111688 otherwise author- Christiana Securities Co. (Christi­ over the transactions proposed by Ap­ ana), a registered closed-end invest­ term deS o?°Ammif i?1?’ a11 of the short- by -Appalachian w ill be retired palachian and that no other State ment company, owns approximately 28 percent of the outstanding common stock 31’ 1973> ^om internal comgiission and no Federal commission, o f E. I. du Font de Nemours and Co., or cflqh debt or equity financing, other than this Commission, has juris­ ash capital contributions. which, in turn, owns approximately 32.7 diction over the proposed transactions. percent of the common stock of Dana.

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8752 NOTICES

Under sections 2(a) (3) and 2(a) (9) of such investment company and with the of the calendar month within which the the Act, Dana is presumed to be a con­ general purposes of the Act. bonds are issued. Georgia will decide on trolled company of Christiana. Bishop is Notice is further given that any in­ the maturity of the bonds after the date a director, chairman of the board of di­ terested person may, not later than May of public invitation for proposals and rectors, and president of Dana and owns 25, 1971 at 5:30 p.m., submit to the Com­ subsequently notify prospective bidders, beneficially 10.6 percent of its common mission in writing a request for a hearing but not less than 72 hours prior to the stock, of which 2.5 percent is held in on the matter accompanied by a state­ time of the bidding. The interest rate trust for his minor children; under sec­ ment as to the nature of his interest, the (which will be a multiple of one-eighth tion 2(a)(3) of the Act, Bishop is an reason for such request and the issues of percent) and the price, exclusive of ac­ affiliated person of Dana. fact or law proposed to be controverted, crued interest, to be paid to Georgia Dana proposes to acquire from the or he may request that he be notified if (which will be not less than 99 percent Bishops, pursuant to an option, 8 the Commission shall order a hearing nor more than 102% percent of the prin­ acres of real property upon which certain thereon. Any such communication should cipal amount thereof) will be determined of Dana’s manufacturing facilities are be addressed: Secretary, Securities and by the competitive bidding. The bonds located. Under the terms of the agree­ Exchange Commission, Washington, D.C. will be issued under the indenture, dated ment between Dana and the Bishops, the 20549. A copy of such request shall be as o f March 1,1941, between Georgia and Bishops shall have 18 months from the served personally or by mail (airmail if Chemical Bank, as trustee, as heretofore date the order of exemption is granted the person being served is located more supplemented and as to be further sup­ within which to select a parcel of real than 500 miles from the point of mail­ plemented by a supplemental indenture property to be acquired by Dana. If such ing) upon Dana at the address set forth to be dated June 1, 1971, which includes selection is made, Dana has agreed to above. Proof of such service (by affidavit a prohibition until June 1, 1976, against acquire such property and subsequently or in case of an attorney at law by cer­ refunding the bonds with the proceeds transfer it to the Bishops in exchange tificate) shall be filed contemporaneously of funds borrowed at a lower annual cost for the Bishops’ property. In the event with the request. At any time after said of money. The proceeds from the sale that the Bishops fail to select real prop­ date, as provided by Rule 0-5 of the rules of the bonds will be used to finance, in erty within the 19-month period, the and regulations promulgated under the part, Georgia’s 1971 construction pro­ parties have agreed that applicant may Act, an order disposing of the applica­ gram (estimated to be $363,787,000), to purchase the Bishops’ property for cash, tion herein may be issued by the Com­ repay short-term notes incurred for such as described below. The Bishops have mission upon the basis of the information purpose (both bank notes and commer­ agreed not to select real property owned stated in said application, unless an order cial paper), to retire outstanding bonds, by an affiliated person of Dana, du Pont, for hearing upon said application shall and for other lawful purposes. or Christiana, Dana may reject the prop­ be issued upon request or upon the Com­ It is stated that the Georgia Public erty within the 18-month period, the mission’s own motion. Persons who re­ Service Commission has expressly au­ Bishops will refrain from exercising con­ quest a hearing or advice as to whether thorized the proposed issuance and sale trol over or influencing in any way a hearing is ordered will receive notice of the bonds by Georgia and that no Dana’s decision to or not to purchase the of further developments in this matter, other State commission and no Federal property selected by the Bishops. Dana including the date of the hearing (if or­ commission, other than this Commission, has undertaken to file with the Com­ dered) and any postponements thereof. has jurisdiction over the proposed trans­ mission a final report on the acquisition For the Commission, by the Division of action. The fees and expenses to be in­ of real property contemplated by the Corporate Regulation, pursuant to dele­ curred in connection with the transac­ agreements. gated authority. tion will be supplied by amendment. Exercise of the option for a cash pur­ Notice is further given that any inter­ chase would be at fair market value of [ s e a l ] T heo d o re L. H u m e s , ested person may, not later than May 25, the properties, but in no event less than Associate Secretary. 1971, request in writing that a heanng $360,000 plus cost to the Bishops of [PR Doc.71-6604 Piled 5-ll-71;8:48 am] be held on such matter, stating the na­ buildings and other improvements. Such ture of his interest, the reasons for such costs amounted to $1,025,474 for a total request, and the issues of fact or law m inim um price of $1,385,474. However, [70-5018] raised by said application which he de­ two independent appraisers have valued GEORGIA POWER CO. sires to controvert; or he may request the property at $1,550,000, and Dana has that he be notified if the Commission exercised the option to purchase the Notice of Proposed Issue and Sale of should order a hearing thereon. Any sucn properties at an amount $30,000 below First Mortgage Bonds request should be addressed: Secretary, the appraised fair market value of the Securities and Exchange Commission, property. Dana is to pay cash in the M a y 5, 1971. Washington, D.C. 20549. A copy of such amount of $1,520,000 less the balance Notice is hereby given that Georgia request should be served personally, unpaid on a promissory note dated Power Oo. (Georgia), 270 Peachtree by mail (airm ail if the person being March 31, 1968, in the principal amount Street NW., Atlanta, GA 30303, an elec­ served is located more than 500 m of $1,065,000, and assume the Bishops’ tric utility subsidiary company of The from the point of mailing) upon tne remaining obligations under the prom­ Southern Co., a registered holding com­ applicant at the above-stated adar » issory note. pany, has filed an application with this and proof of service (by affidavit o , Section 17(a) of the Act, as here per­ Commission pursuant to the Public Util­ case of an attorney at law, by certificate! tinent, prohibits an affiliated person of ity Holding Company Act of 1935 (A ct), should be filed with the request. At.any a registered investment company, or an designating section 6(b) of the Act and time after said date, the application, as affiliated person of such a person, from Rule 50 promulgated thereunder as ap­ filed or as it may be amended, may d selling to or purchasing from a controlled plicable to the proposed transaction. All granted as provided in Rule 23 . company of such registered company interested persons are referred to the general rules and regulations J? any securities or other property unless application, which is summarized below, gated under the Act, or the Comm the Commission, upon application pur­ for a complete statement of the proposed may grant exemption f £ o m such rules suant to section 17 (b ), grants an exemp­ as provided in Rules 20(a) a « tion from the provisions of section 17(a) transaction. Georgia proposes to issue and sell, sub­ thereof or take such other action after finding that the terms of the pro­ may deem appropriate. Persons wh re­ posed transaction, including the consid­ ject to the competitive bidding require­ ments of Rule 50 under the Act, $100 quest a hearing or advice astojy .. eration to be paid or received, are rea­ a hearing is ordered ^ 11. receive notice sonable and fair and do not involve over­ million principal amount of its First reaching on the part of any person Mortgage Bonds,------percent Series, of further developments m . _ (if concerned and that the proposed trans­ to mature not less than 5 years and not including the date of the ordered) and any postponements the action is consistent with the policy of more than 30 years from the second day

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 NOTICES 8753

For the Commission, by the Division $427,000 principal amount of its First of Corporate Regulation, pursuant to Mortgage Bonds 3% percent Series of delegated authority. 1955 due 1985, under the provisions of its DEPARTMENT OF LABOR [seal] T heodo re L . H u m e s , 12th Supplemental Indenture dated as of Office of the Secretary Associate Secretary. M ay 1,1955, and to surrender such bonds [Secretary of Labor’s Order 14-71] to the trustee in accordance with the [PRDoc.71-6605 Piled 5-ll-71;8:48 am ] sinking fund provisions. The bonds are AGE DISCRIMINATION IN to be identical with those authorized by EMPLOYMENT [70-5019] the Commission on April 8, 1971 (Hold­ ing Company A ct Release No. 17091), and Delegation of Authority and Assign­ OHIO EDISON CO. are to be issued on the basis of property ment of Responsibility for Adminis­ Notice of Proposed Issue and Sale of additions. Ohio Edison estimates that, tration and Enforcement after the proposed issue of the new bonds Bonds at Competitive Bidding and and the sinking fund bonds, unfunded 1. Purpose. This order delegates au­ Issue of Bonds for Sinking Fund net property additions will amount to thority and assigns responsibility for the Purposes approximately $92,998,000 as of Decem­ performance of functions assigned to the M ay 5, 1971. ber 31, 1970. Secretary of Labor pursuant to the Age It is stated that the issuance of the Discrimination in Employment Act of Notice is hereby given that Ohio Edison 1967 (Public Law 90-202). Co. (Ohio Edison), 47 North Main new bonds and the sinking fund bonds is 2. Background. The Age Discrimina­ Street, Akron, OH 44308, a registered subject to the jurisdiction of the Public tion in Employment Act of 1967 was holding company and a public-utility Utilities Commission of Ohio and that enacted to promote employment of older company, has filed a declaration with no other State commission and no Fed­ persons based on their ability to pro­ this Commission pursuant to the Public eral commission, other than this Com­ hibit arbitrary age discrimination in em­ Utility Holding Company Act of 1935 mission, has jurisdiction over the pro­ ployment; and to help employers and (Act), designating sections 6(a) and 7 posed transactions. The fees and expenses workers find ways of meeting problems of the Act and Rule 50 promulgated to be paid in connection with the sink­ arising from the impact of age on thereunder as applicable to the proposed ing fund bonds are estimated at $600. employment. transactions. All interested persons are The fees and expenses in connection with referred to the declaration, which is sum­ the new bonds are to be filed by amend­ 3. Delegation of authority and assign­ marized below, for a complete statement ment. ment of reseponsibilities. a. The Assist­ of the proposed transactions. Notice is further given that any in­ ant Secretary for Manpower is hereby Ohio Edison proposes to issue and sell, terested person may, not later than May delegated authority and assigned re­ subject to the competitive bidding re­ 26, 1971, request in writing that a hear­ sponsibility for: quirements of Rule 50 under the Act, ing be held on such matter, stating the (1) Undertaking studies concerning $60 million principal amount of First nature of his interest, the reasons for the needs and abilities of older workers, Mortgage Bonds------percent Series of such request, and the issues of fact or law and their potentials for continued 1971 due 2001. The interest rate of the raised by said declaration which he de­ employment and contribution to the bonds (which will be a multiple of one sires to controvert; or he may request economy; eighth of 1 percent) and the price, ex­ that he be notified if the Commission (2) Undertaking or promoting re­ clusive of accrued interest, to be paid to should order a hearing thereon. Any such search, with a view to reducing barriers Ohio Edison (which will be not less than request should be addressed: Secretary, to the employment of older persons, and 100 percent nor more than 102% percent Securities and Exchange Commission, the promotion of measures for utilizing of the principal amount thereof) will be Washington, D.C. 20549. A copy of such their skills including publishing and determined by the competitive bidding. request should be served personally or by otherwise making available to employers, The bonds will be issued under Ohio mail (airmail if the person being served professional societies, and the various ioo^°n's in<*enture dated as o f August 1, is located more than 500 miles from the media of communication, and other in­ 1930, between Ohio Edison and Bankers point of mailing) upon the declarant at terested persons the findings of research •Trust Co., trustee, as heretofore amended the above-stated address, and proof of studies; and supplemented and as to be further service (by affidavit or, in case of an at­ (3) Helping employers and workers amended and supplemented by a 20th torney at law, by certificate) should be find ways of meeting problems arising uppicmcntal Indenture to be dated as filed with the request. At any time after from the impact of age on employment in i.® t*rst day of the calendar month said date, the declaration, as filed or as other than the administrative and en­ in wmch the bonds are issued. The sup- it may be amended, may be permitted to forcement activities (including concilia­ P emental Indenture includes a prohibi- become effective as provided in Rule 23 of tion) delegated to the Assistant Secre­ “ « « 1 June 1,1976, against refunding the general rules and regulations promul­ tary for Employment Standards; an„1SSiUe *unds borrowed at a lower gated under the Act, or the Commission annual cost of money. (4) Undertaking an appropriate study may grant exemption from such rules as of institutional and other arrangements, v.??® Proceeds from the sale of the new provided in Rules 20(a) and 100 thereof giving rise to involuntary retirement, and used for the acquisition of or take such other action as it may deem preparing for the Assistant Secretary for pvffnf- the construction, completion, appropriate. Persons who request a hear­ Employment Standards a report of find­ OhSwH-’ renewal> or improvement of ing or advice as to whether a hearing is ings, pursuant to section 5 of the Age Drnvo*^1!011/ .facil*ties or for the im- ordered will receive notice of further de­ Discrimination in Employment Act, and menf111^ of its service» or for repay- undertaking other studies and prepar­ S ° f. unsecured short-term debt, velopments in this matter, including the date of the hearing (if ordered) and any ing appropriate recommendations to the of issu#»Cin^v,be outstanding at the time Assistant Secretary for Employment for -th! am°unt of $20 million, or postponements thereof. Standards concerning the Age Discrim­ for exnprf^1fInbursement of its treasury For the Commission, by the Division ination in Employment Act; and, Ohio S ? res made for such purposes, of Corporate Regulation, pursuant to (5) Promoting employment of older for thtt ^ 0n s construction expenditures delegated authority. workers through the public employment s°km,oooear 1971 are estlmated at service system and through cooperative [ s e a l] T heodo re L . H u m e s , Associate Secretary. effort (including regional, state, and local agencies and employers, labor organiza­ NoveSbe?T?

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8754 NOTICES development of facilities of public and Congress concerning the administration (2) Walsh-Healey Public Contracts private associations for expanding the of the Age Discrimination in Employ­ Act of 1936, as amended; (3) Service Contract Act of 1965 ; opportunities and potentials of older ment Act. (4) Contract Work Hours and Safety persons. b. The bringing of legal proceedings b. The Assistant Secretary for Em­under the Age Discrimination in Em­ Standards Act; ployment Standards is hereby delegated ployment Act, the determination in each (5) Maritime Safety Act of 1958; (6) National Foundation on the Arts authority and assigned responsibility for: case whether such proceedings are ap­ (1) Issuing interpretations, rules, and propriate to be made by the Solicitor of and Humanities Act of 1965 ; regulations on the advice of the Solicitor, Labor. (7) 5 U.S.C. 7902 and any Executive and establishing reasonable exemptions 6. Directives affected. Secretary’s order thereunder; (8) The responsibilities of the Secre­ to and from any or all provisions of the Order 11-68 is hereby canceled. Age Discrimination in Employment Act; 7. Effective date. This order is effec­ tary of Labor with respect to labor safety (2) Effecting voluntary compliance tive April 28, 1971. and health provisions of any other Fed­ and attempting to eliminate alleged dis­ eral statutes. Signed at Washington, D.C., this 4th b. In carrying out the authority and criminatory practices and barriers to day of May 1971. responsibility delegated under this order, employment through informal methods J. D. H o d g so n, the Assistant Secretary for Occupational of conciliation, conferences, and persua­ Secretary of Labor. Safety and Health shall perform the sion; [FR Doc.71-6590 Filed 5-11-71:8:47 am] above functions in accordance with exist­ (3) Carrying on a continuing program ing Governmental and Departmental of education and information including regulations, including Chapter 4-1300 of preparing and disseminating posters, {Secretary of Labor's Order 12-71] the Manual of Administration, which pamphlets, and other information aids outlines the functions of Policy Develop­ to promote voluntary compliance and to ASSISTANT SECRETARY FOR ment, Planning, Programing, Budgeting, assist in the enforcement of the law, OCCUPATIONAL SAFETY AND HEALTH Executing Programs, Reviewing, and pnrij in this connection, cooperating with Delegation of Authority and Analyzing Planned Versus Actual Per­ regional, State, local, and other agencies formance, and Evaluating Program and cooperating with and furnishing Assignment of Responsibility technical assistance to employers, labor Effectiveness. 1. Purpose. This order delegates au­ c. The Assistant Secretary is delegated organizations, and employment agencies; thority and assigns responsibilities of the authority for making organizational (4) Enforcing the provisions of the Act Secretary of Labor regarding occupa­ changes within policies established by the in accordance with the applicable pro­ tional safety and health functions in­ Secretary in accordance with the provi­ visions of the Pair Labor Standards Act cluding those set forth in the Occupa­ sions of Chapter 4-200 of the Manual of and the Age Discrimination in Employ­ tional Safety and Health Act of 1970. ment Act, including making investiga­ Administration. 2. Background. Public Law 91-596, the d. The Assistant Secretary shall co­ tions and requiring the keeping of rec­ Occupational Safety and Health Act of ordinate his efforts with efforts of other ords necessary or appropriate for ad­ 1970, assigned major additional respon­ officials or agencies having responsibili­ ministration of the Age Discrimination sibilities to the Secretary of Labor in the ties in the occupational safety and health in Employment Act; / field of occupational safety and health (5) Notifying promptly all persons irea. . and established in the Department an e. The Solicitor of Labor shall have the named as prospective defendants in a Assistant Secretary for Occupational responsibility for providing legal advice proposed civil action by an individual Safety and Health. ind assistance to the Secretary and all and seeking to eliminate any alleged un­ 3. Transfer of functions. This order jfficers of the Department relatmg to tne lawful practices by informal methods; transfers and assigns all of the safety administration of the statutes ana (6) Undertaking appropriate studies and health responsibilities (but not in­ Executive order listed in paragraph oa to evaluate and appraise the effectiveness cluding responsibilities under the Child above. . of the Act and preparing an annual re­ Labor provisions of the Fair Labor f. The Commissioner of the Bureau oi port of findings and appropriate legis­ Standards Act) and related personnel, Labor Statistics is hereby delegated lative recommendations pursuant to sec­ equipment and facilities, which were specific authority and assigned respons - tion 13 of the Act; heretofore assigned to the Workplace bilityfor: . (7) Preparing for the Secretary rec­ Standards Administration (renamed Em­ (1) Furthering the purposes of tne ommendations with respect to desirable ployment Standards Administration) Occupational Safety and Health Act W measures to change the lower or upper to the Assistant Secretary for Occupa­ developing and maintaining an_ effec age limits specified in the Age Dis­ tional Safety and Health, and con­ program of collection, compilation, crimination in Employment Act, pur­ solidates activities in support of these analysis of occupational safety suant to section 3(b) of the Act; responsibilities with those assigned under health statistics; , . _ (8) Representing the Department of the Occupational Safety and Health Act. (2) Making grants to States or I»h Labor at interagency councils or com­ 4. The Occupational Safety and Health cal subdivisions thereof in order *# mittees relating to matters concerning (OSHA). There is estab­ them in developing and administering discrimination in employment on the Administration lished in the Department of Labor an programs dealing with. occ^? „ sec_ basis of age; Occupational Safety and Health Admin­ safety and health stainsties (9) Assisting States in developing laws tions 18, 23, and 24 of the Occupational prohibiting age discrimination and istration which shall be headed by the Assistant Secretary for Occupational Safety and Health Act; and . sponsoring programs to achieve that end. Safety and Health who reports to the (3) Coordinating his fu5 ^10?ffinnai c. The Solicitor of Labor shall have the Assistant Secretary for Occupational the responsibility for providing legal ad­ Secretary of Labor. vice and assistance to all officers of the 5. Delegation of authority and assign­ Safety and Health. ^--«bility ment of responsibility, a. The Assistant g. The authority and responsi Department relating to the administra­ delegated to the Assistant SecreUry f tion of the Age Discrimination in Em­ Secretary for Occupational Safety and Occupational Safety and - 5 ^ „“er ployment Act of 196?. Health is hereby delegated authority and assigned responsibility for carrying out Solicitor of Labor and the Commi t ^ 4. Redelegation. The authority dele­ of the Bureau of Labor Statistics may gated and responsibilities assigned by the safety and health programs and ac­ tivities of the Department of Labor in­ redelegated by them. f0l- this order may be further redelegated. 6. Reservation of authority, a. Th 5. Reservation of authority. The fol­ cluding the safety and health functions lowing functions are reserved to the to be performed by the Secretary of Secretary: _ j reconi' Secretary: Labor under: (1) Submission of reports and e ^ (1) Occupational Safety and Health a. Submission of reports and recom­ nendations to the President mendations to the President and the Act of 1970;

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 NOTICES 8755

Congress concerning the administration ment standards programs and activities (11) The Act of 1920 establishing a of the statutes and Executive order listed to be performed by the Employment Women’s Bureau (Public Law 66-259) ; in paragraph 5a above. Standards Administration. (12) Executive Order 11126—as (2) The bringing of legal proceedings 3. Redesignation of the Workplace amended by Executive Order 11221— under the statutes listed in paragraph Standards Administration as the Em­ Status of Women; 5a above, the determination in each case ployment Standards Administration. The (13) Executive Order 11136, as whether such proceedings are appro­ Workplace Standards Administration is amended—President’s Committee on priate to be made by the Solicitor of hereby redesignated as the Employment Consumer Interests and Consumer Ad­ Labor, who may appear for and represent Standards Administration and shall per­ visory Committee; the Secretary in civil litigation as form the functions of the Department (14) Executive Order 11246, as authorized by law. with respect to employment standards amended by Executive Order 11375— 7. Interim rules. In the implementa­ programs. The Assistant Secretary for Federal Contract Compliance; tion of this Order and in the administra­ Workplace Standards is hereby redesig­ (15) Part C of title IV (Black Lung tion of the statutes listed in paragraph nated as the Assistant Secretary for Em­ Benefits) of the Federal Coal Mine 5a above, the rules set forth in Chapter ployment Standards who shall report Health and Safety Act of 1969 ; Xin of Title 29 of the Code of Federal to the Secretary. ' The Employment (16) Such additional Federal Acts as Regulations, Fart 6 of such title, and Standards Administration shall be may from time to time confer upon the Parts 50-201 and 50-203 o f Title 41, read headed by a Deputy Assistant Secretary/ Secretary of Labor duties and responsi­ in the light of the delegations made Administrator who shall report to the bilities similar to the Fair Labor Stand­ herein, shall be applicable until changed. Assistant Secretary for Employment ards Act. 8. Directives affected. Secretary’s O r­ Standards, and shall act for the Assist­ b. In carrying out the authority and der No. 2-67 establishing the Advisory ant Secretary in his absence. responsibility delegated under this Committee on Occupational Safety re­ 4. Delegation of authority and assign­ order, the Assistant Secretary for Em­ mains in effect, except that the Assistant ment of responsibility, a. The Assistant ployment Standards shall perform the Secretary for Occupational Safety and Secretary for Employment Standards is above functions in accordance with Health shall serve as Executive Secretary hereby delegated authority and assigned existing governmental and departmental and that secretarial, technical and other responsibility, except as hereinafter pro­ regulations, including Chapter 4-1300 of services shall be provided by the Occupa­ vided, for carrying out the employment the Manual of Administration, which tional Safety and Health Administration. standards programs and activities of the outlines the functions of Policy Develop­ 9. Effective date. This order is effec­ Department of Labor, including the func­ ment, Planning, Programing, Budget­ tive April 28, 1971. tions to be performed by the Secretary ing, Executing Programs, Reviewing, of Labor under: Signed at Washington, D.C., this 4th and Analyzing Planned Versus Actual day of May 1971. (1) Fair Labor Standards Act of 1938, Performance, and Evaluating Program as amended, including the issuance of Effectiveness. J. D. H o d g so n, child labor Hazardous Occupation Orders Secretary of Labor. c. The Assistant Secretary is delegated and other regulations concerning child authority for making organizational [PR Doc.71-6588 Filed 5-ll-71;8:46 am] labor standards ; changes within policies established by (2) The Walsh-Healey Public Con­ the Secretary in accordance with the tracts Act of 1936, as amended; except [Secretary of Labor’s Order 13-71] provisions of Chapter 4-200 of the M an­ those provisions relating to safety and ual of Administration. health delegated to the Assistant Sec­ ASSISTANT SECRETARY FOR d. The Solicitor of Labor shall have retary for Occupational Safety and EMPLOYMENT STANDARDS Health; the responsibility for providing legal advice and assistance to all officers of Delegation of Authority and (3) Service Contract Act of 1965, ex­ the Department relating to the adminis­ cept those provisions relating to safety Assignment of Responsibility tration of the statutes and Executive and health delegated to the Assistant orders listed in paragraph 4a above. Purpose. This Order redesignates Secretary for Occupational Safety and the Assistant Secretary for Workplace Health; 5. Redelegation of authority. The au­ thority and responsibility delegated to Standards as the Assistant Secretary for (4) The Davis-Bacon Act and any Employment Standards and delegates to laws now existing, or which may be sub­ the Assistant Secretary may be re­ delegated by him. the Assistant Secretary for Employment sequently enacted, providing for prevail­ standards the authority vested in the ing wage findings by the Secretary of 6. Interim rules. Pending issuance of Secretary of Labor for employment Labor in accordance with or pursuant to new rules, the Employment Standards standards programs. It also redesignates the Davis-Bacon Act; the Copeland Act; Administration will follow the rules pub­ tne Workplace Standards Admin- Reorganization Plan No. 14 of 1950; and lished in Chapter 13, Title 29, CFR, for îstration as the Employment Standards the Tennessee Valley Authority Act; action concerning the child labor pro­ Administration. (5) Contract Work Hours and Safety visions of the Fair Labor Standards Act KL7n^flc^ r?Mn^ Secretary’s Order No. Standards Act, except those provisions and the compensation provisions of title a-70 established in the Department of relating to safety and health delegated IV, part C of the Federal Coal Mine Labor a Workplace Standards Adminis- to the Assistant Secretary for Occupa­ Health and Safety Act of 1969. tratum and assigned responsibilities for tional Safety and Health; 7. Reservation of authority, a. The workplace standards programs and (6) Title III of the Consumer Credit following functions are reserved to the activities in the Department of Labor, Protection Act; Secretary: Pding safety and health program (7) Vocational Rehabilitation Act (1) Submission of reports and recom­ unctions to the Assistant Secretary for Amendments o f 1965; mendations to the President and the wnr lace Standards. Subsequently, the (8) Arts and Humanities Act of 1965, Congress concerning the administration anrtu1Si?Îeiger Occupational Safety except those provisions relating to safety of the statutes and Executive orders Act of 1970 (Public Law and health delegated to the Assistant listed in paragraph 4a above. T.nvJv.” established in the Department of Secretary for Occupational Safety and (2) The bringing of legal proceedings nnHrvlr, ^ Assistant Secretary for Occu- Health; under the statutes and Executive orders Pationai Safety and Health. The safety (9) Federal Employees’ Compensation listed in paragraph 4a above, the deter­ Darw\lth. responsibilities of the De- Act, as amended and extended (5 U.S.C. mination in each case whether such pro­ bv °* kabor are to be performed 8101 et seq., except 8149 as it pertains ceedings are appropriate to be made by AdmL°4CC'iPational Safety and Health to Employees’ Compensation Appeals the Solicitor of Labor ^mmstratmn headed by the Assistant Board) ; b. The jurisdiction of the Wage Health ^ v î0r 0ccuPational Safety and (10) The Longshoremen’s and Harbor Appeals Board, as presently described and order delegates authority Workers’ Compensation Act, as amended in Secretary o f Labor’s Order 24-70 (36 assigns responsibility for employ- and extended; F.R. 306) and in its rules o f practice

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8756 NOTICES

(29 CPR Part 7) is reserved, and the and shall act for the Assistant Secre­ Board shall be empowered to review de­ tary in his absence. FEDERAL POWER COMMISSION cisions under this order relating to the 3. Redelegation of authority and re­ [Dockets Nos. RI71-993,etc.] Davis-Bacon Act and its related laws assignment of responsibility, a. The au­ EDWIN L COX ET AL. within the écope of that jurisdiction. thority and responsibility for carrying 8. Directives affected, a. Secretary’s out the employment sandards programs Order Providing for Hearing on and Order No. 19-70 is hereby canceled. and activities which are delegated and Suspension of Proposed Changes in b. The following Secretary’s orders assigned by the Secretary of Labor to the Rates, and Allowing Rate Changes remain in effect until canceled, except Assistant Secretary for Employment that the overall responsibility for the Standards by Secretary’s Order No. To Become Effective Subject to authority delegated in them is now 13-71 and Secretary’s Order No. 14-71 Refund 1 vested in the Assistant Secretary for Em­ are further redelegated and reassigned A p r il 30, 1971 ployment Standards: 18-67, 21-67, 21- hereby, except as otherwise provided Respondents have filed proposed 68, 26-68, 2-69, 3-69, 4-69, and 20-70, herein, to the Deputy Assistant Secretary changes in rates and charges for juris­ and except as otherwise provided in this for Employment Standards, who shall dictional sales of natural gas, as set forth order and in Secretary of Labor’s Order also be designated as the Administrator, in Appendix A hereof. No. 12-71. Employment Standards Administration The proposed changed rates and 9. Effective date. This order is effec­ and who is also the Administrator of the charges may be unjust, unreasonable, un­ tive April 28,1971. Wage and Hour Division. He shall report duly discriminatory, or preferential, or to the Assistant Secretary. In the latter’s otherwise unlawful. Signed at Washington, D.C., this 4th absence, he shall act for the Assistant The Commission finds : day of May 1971. Secretary and report to the Under Secre­ It is in thè public interest and con­ J. D. H o d g so n, tary or Secretary, as appropriate. sistent with the Natural Gas Act that Secretary of Labor. b. The Deputy Assistant Secretary for the Commission enter upon hearings re­ \ [P R Doc.71-6589 Filed 5-ll-71;8:46 am] Employment Standards/Administrator, garding the lawfulness of the proposed L ------ESA, shall— changes, and that the supplements herein be suspended and their use be deferred as [Secretary of Labor’s Order 15—71] (1) have the responsibility for assur­ ing that public information activities and ordered below. EMPLOYMENT STANDARDS announcements are consistent with the The Commission orders: ADMINISTRATION polices of the Secretary and Assist­ (A) Under the Natural Gas Act, par­ ticularly sections 4 and 15, the regula­ Redelegation of Authority and ant Secretary; and tions pertaining thereto (18 CFR ch. I), / Responsibility (2) administer employment standards and the Commission’s rules of practice programs in such a manner as to be con­ and procedure, public hearings shall be 1. Purpose. This order redelegates au­ sistent with the policies of the Secre­ held concerning the lawfulness of the thority and reassigns responsibility for tary of Labor and the Assistant Secretary proposed changes. the performance of functions assigned to (B) Pending hearings and decisions for Employment Standards including the Assistant Secretary for Employ­ thereon, the rate supplements herein are ment Standards by Secretary’s Order No. policies established by staff units in the suspended and their use deferred until 13-71 and Secretary’s Order No. 14-71 Office if the Secretary pursuant to dele­ date shown in the “Date Suspended and redelegates authority and reassigns gations to them by the Secretary. U ntil” column. Each of these supple­ responsibility for employment standards 4. Redelegation. The Deputy Assistant ments shall become effective, subject to programs and activities to be performed Secretary for Employment Standards/ refund, as of the expiration of the sus­ by the Employment Standards Adminis­ pension period without any further ac­ Administrator, ESA, may redelegate au­ tration. tion by the respondent or by the 2. Background. Secretary’s Order No. thority vested in him by this order. Commission. Each respondent shall com­ 13-71 and Secretary’s Order No. 14-71 5. Reservation of authority. The sub­ ply with the refunding procedure re­ delegated authority and assigned respon­ mission of reports and recommendations quired by the Natural Gas Act and sibility for employment standards pro­ to the Secretary concerning the adminis­ § 154.102 of the regulations thereunder. (C) Unless otherwise ordered by the grams as designated therein to the As­ tration of employment standards pro­ sistant Secretary for Employment Stand­ Commission, neither the suspended sup­ grams shall be reserved to the Assistant ards, with the authority to redelegate. plements, nor the rate schedules sought Secretary’s Order No. 13-71 also redes­ Secretary for Employment Standards. to be altered, shall be changed until dis­ ignated the Workplace Standards Ad­ 6. Effective date. This order shall be position of these proceedings or expira­ ministration as the Employment Stand­ effective April 28,1971. tion of the suspension period, whichever ards Administration, and authorized the is earlier. Signed at Washington, D.C., this 5th Assistant Secretary to make organiza­ By the Commission. tional changes. The Order further pro­ day of May, 1971. [ s e a l ] K e n n e t h F. P lu m b , vided that the Employment Standards A r t h u r A . F le t c h e r , Acting Secretary. Administration shall be headed by a Assistant Secretary, Deputy Assistant Secretary/Administra­ for Employment Standards. tor who shall report to the Assistant 1Does not consolidate for hearing or dis Secretary for Employment Standards [P R Doc.71-6591 Piled 5-ll-71;8:47 am ] pose of the several matters herein.

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY U , 1971 NOTICES 8757

A p p e n d ix A

' Cents per Mcf* Rate in Bate Sup- Amount Date Effective Docket Respondent sched- pie- ■ Purchaser and producing area effect sub­ of filing date suspended ject to No. ule ment annual tendered unless until— No. No. Rate in Proposed refund in increase suspended effect increased rate dockets Nos.

RI71-993— Edwin L. Cox...... 41 4 South Texas Natural Gas Gath­ $2,410i 4- 1-71 6- 2-71 t» 18.0 ering Co. (Yeary Field, Kleberg *»19.07125 RI65-592 County, Tex. RR. District No. 4). RI71-994.. Getty Oil Co...... 1 217 Iroquois Gas Corp. (Sheridan 836 4- 1-71 6- 2-71 2 »'17.0 *2 *» 20. 7736 Field, Colorado County, Tex., 7 RR. District No. 3). do...... 68 310 Southern Natural Gas Co. 1,400 4- 1-71 5-2-71 10- 2-71 3 20. 6 (Gwinville Field, Jefferson 3 22. 0 Davis and Simpson Counties, Miss.). RI71-996-. Getty Oil Co. et al— . 70 4 7 Natural Gas Pipeline Co. of 1,711 4- 1-71 . 6- 2-71 41216.0 America (Shaefler Ranch et al., *4 *» 16. 56187 Fields, Jim Wells, and DuVal Counties, Tex., RR. District No. 4). RI71-996-. Logue and Patterson.. 14 • 7 7 Florida Gas Transmission Co. 261,000 4- 2-71 . 6- 3-71 5 « it 17. o (Kain Field, Matagorda Coun­ » *» 24. 25 ty, Tex., RR. District No. 3). BI71-997.- Kerr-McGee Corp.___ 69 8 » 22 Transcontinental Gas Pipe Line 264,625 4- 1-71 . 5-17-71 22.375 Corp. (Ship Shoal Blocks 28 8 » 26. 0 RI71-834. and 32 Units, OAshore Loui­ siana) (Disputed Zone). RI71-998-- Union Oil Co. ol 44 M 11 6 Tennessee Gas Pipeline Co. a 27,115 3-31-71 _ 5-16-71 22. 375 Calilornia. division of Tenneco Inc. « « 26.0 RI71-564. (Caillou Island Field, La­ fourche Parish, Southern Louisiana). RI71-999.. The California Co., a 58 6 South Texas Natural Gas Gath­ 111,117 4- 6-71 . 6- 7-71 23 19.1716 division of Chevron ering Co. (Northeast Thomp- » 21.0 RI69-195. OU Co. sonville Field, Jim Hogg County, RR. District No. 4). RI71-1000. Atlantic Richfield Co. 34 12 34 Texas Eastern Transmission 85,857 4-' 8-71 .. 6- 9-71 » «9 15.4377 Corp. (North Tom Lyne (Wil­ 13 *4 *9 18.3779 R168-309. cox 9,3500 Field Live Oak County, Tex., RR. District No. 2). BI71-100L Dixilyn Corp______1 >5 6 Sea Robin Pipeline Co. (Block 15,512 4- 8-71 5-24-71 1717.0 15, South Marsh Island Area, » 21. 25 Onshore Louisiana)...... do_____...... 2 is 5 Sea Robin Pipeline Co. (Block 15,512 4- 8-71 5-24-71 *717.0 16, South Marsh Island Area, »2L25 Offshore Louisiana). 435 RI71-1002. Phillips Petroleum u 2 United Gas Pipe Line Co. (Merit 4- 8-71 5- 9-71 2* Accepted .. Co. et al. Field, Simpson County, Miss.). 3 R171-1003. Humble OU & Refin- 409 74,460 4- 8-71 5- 9-71 10- 9-71 19.0 2 Florida Gas Transmission Co. 2,781 4- 9-71 __ 7- 2-71 <9 16.06 ing Co. (Skipper Area, Brooks County, » 17. 0638 RI70-426. Tex. RR. District. No. 4). RI71-1004. Ken Blackford et al__ 1 11 El Paso Natural Gas Co. 185 4- 6-71 5- 7-71 5- 8-71 13.0 (Otero Field, Rio Arriba 13.2486 County, N. Mex., San Juan Basin). RI71-1005. George P. Caulkins, 1 4 El Paso Natural Gas Co. (Red 410 4- 6-71 __ 6- 7-71 16.384 Wash Field, Uintah County, 20.5 R166-343. Utah).

i lni™!L0f!!erw!?e siated> the pressure base is 15.025 p.s.i.a. I C07ltract rate, plus applicable tax reimbursement. Jan 10 1971 y &om Wilcox 9'350' Sand Reservoir discovered on Q &nd Reservohs t0 8&S W®U gaS Sales from the Wilcox B> c - and D and tRe Yequa 13 Includes 0.5-cent dehydration and gathering. » Renegotiated rate is provided for by agreement dated Mar. 1, 1971 which is (Dbw^Fe'bmaS 20* WM.faS Sales from the Washlta-Frede™ksburg Reservoir. being reported separately. ' 18 15 For casinghead gas only. PMtme^C5a4W)> Res^rloiWeU ^ ^ from the Lagarto Pasture (4,770') and Lagarto JaïSofdÆ ifÆ S”.“0" <» to-dlton, Louisiana pur- « An^iS=ent}y certificated rate. 17 Initial certificated rate. No. 6): 68 0lUy to sales from acreage added by September 21, 1970 (Supplement 7 As corrected. rat^sgp S d tthtretaMar' ^ 1971 provldes among oth6r things for the renegotiated ** The pressure base is 14.65 p.s.i.a. covered af^OcIML ^1968^eS ^rom .W© 9,800' and Robulus E-6 Sand Reservoirs dis- 20 Thé pressure base is 14.73 p.s.i.a. 24 Accepted, to become effective on the date shown in the “Efiective Date” column »'InclnrtSs11 ^ °' 567 and 0rder No. 413. subject to the conditions prescribed elsewhere in this order ’ II AppUcable nnlvTtS rf® S?d by Opinion No. 567. (Discovered Feb. 20,1965.) 1968. n y t° sales from the 2,900' Sand Reservoir discovered after Oct. 1,

CoTh: T €?ment filed by Phillips Petroli settlement rate, in an applicable area rate Those proposed increases of Getty Oil Co. Posed ln addition to providing for ] proceeding, for gas of comparable quality and Phillips Petroleum Co. et al., which ex­ and vintage. escaiatir,r,retSed rates also Provide for fu1 ceed the corresponding rate filing limitations tlement +t0 any higher area ceiling or i The proposed increases of Kerr-McGee imposed in Southern Louisiana are suspended The nrov^6 prescrihed by the Commiss Corp., Union Oil Company of California and for 5 months. The remaining increases, ex­ hot confnr10nS relating to the area rate Atlantic Richfield Co. apply only to gas cept as hereinafter indicated, pertaining to n u W S S L T « § 154-93(»>-l) of the C< produced from reservoirs identified in the sales outside Southern Louisiana are sus­ mission j r ati° nS- Consistent with Ck documents submitted in accordance with hot CS ° U taken on similar fill pended for 61 days from the date of filing Opinion No. 567. Such documents, which are pursuant to Order No. 423 and those relating •greemeiS 5 154.93) b-1, ¿i™ 7 being made a part of the proposed increased to sales within the Southern Louisiana area Phation of s t a t iu ^ ^ for fillng upon rate filings, show that the reservoirs were are suspended for 45 days from the date of tion that tory notlce wlth the cor discovered subsequent to the date of the gas filing. However, if the contractual effective rate will onlv relating to the s 1*0^ 810118 sale contracts involved, and therefore the gas date for an increase is beyond the period aPproval of a app^y uPon the Commissi! well gas sold from such reservoirs qualify for a Just and reasonable rate, described above, it is suspended or 1 day from higher ceiling prices. the contractual effective date.

No. 92- FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8758 NOTICES

The proposed tax reimbursement increase [Dockets Nos. RI71-971, etc.] The Commission orders : (A) Under the Natural Gas Act, par­ of Ken Blackford et al. is a tax reimburse­ AMOCO PRODUCTION CO., ET AL. ment increase involving the New Mexico ticularly sections 4 and 15, Çhe regula­ Emergency School Tax. We believe that Ken Order Providing for Hearing on and tions pertaining thereto (18 CFR ch. I), Blackford et al. should be suspended for 1 and the Commission’s rules of practice day from the expiration of the 30-day statu­ Suspension of Proposed Changes in and procedure, public hearings shall be tory notice period consistent with Commis­ Rates, and Allowing Rate Changes held concerning the lawfulness of the sion action on similar tax reimbursement To Become Effective Subject to proposed changes. increases. Refund 1 (B) Pending hearings and decisions George P. Caulkins, Jr., proposes a rate thereon, the rate supplements herein are A p r il . 23, 1971. increase from 16.384 cents to 20.5 cents for suspended and their use deferred until a sale of gas to El Paso Natural Gas Co. in Respondents have filed proposed date shown in the “Date Suspended the Red Wash Field, Uintah County, Utah, changes in rates and charges for juris­ Until” column. Each these where no formal ceiling rates have been of supple­ dictional sales of natural gas, as set ments shall become effective, subject to announced. Since the proposed rate exceeds forth in Appendix A hereof. the 13-cent increased rate ceiling for adja­ refund, as of the expiration of the sus­ cent. Colorado and Wyoming and the 15.384- The proposed changed rates and pension period without any further ac­ cent initial rate certificated in Opinion No. charges may be unjust, unreasonable, tion by the respondent or by the Com-" 359 for sales in the Red Wash -Field, the unduly discriminatory, or preferential, or mission. Each respondent shall comply with the refunding procedure required by proposed rate is suspended for 1 day upon otherwise unlawful. termination of the 60-day notice period pur­ the Natural Gas Act and § 154.102 of the The Commission finds: suant to Order No. 423. regulations thereunder. Certain respondents request either waiver It is in the public interest and consist­ (C ) Unless otherwise ordered by the of notice or effective dates for which ade­ ent with the Natural Gas Act that the Commission, neither the suspended sup­ quate notice was not given. Good cause has Commission enter upon hearings regard­ plements, nor the rate schedules sought not been shown for granting these requests ing the lawfulness of the proposed tô be altered, shall be changed until and they are denied. changes, and that the supplements herein disposition of these proceedings or All of the producers’ proposed increased expiration of the suspension period, rates and charges exceed the applicable area be suspended and their use be deferred whichever is earlier. price levels for increased rates as set forth as ordered below. in the Commission’s Statement of General By the Commission. Policy No. 61-1, as amended (18 CFR, Chap­ ter I, Part 2, § 2.56). 1Does not consolidate for hearing or dis­ [ s e a l] K e n n e t h F. P lumb, Acting Secretary. [FR Doc. 71-6454 Filed 5-11-71 ;8 :45 am] pose of the several matters herein. A ppendix A _____ Rate in Date Cents per Mcf* effect sub- Rate Sup- Amount Date Effective ject to sched- pie- Purchaser and producing area of filing date Docket Respondent annual tendered unless until— Rate in Proposed refund in No. ule ment effect increased rate dockets No. No. suspended Nos.

« 24. 75 hi 26.0 RI71-6381 RI71-971— Amoco Production Co. 155 215 Michigan Wisconsin Pipeline Co. <2 6- 2-71 (North Elton Field, Allen Parish, Southern Louisiana). 5-14-71 » 4121. 375 Hi 26. 0 RI71-972.. Continental Oil Co. 154 s* »28 Tennessee Gas Pipeline Co., a 41,625 3-29-71 et al. division of Tenneco Inc. (West Cameron Block 192 Field, Offshore Louisiana). 3-26-71 4-26-71 M Accepted RI71-973-. Forest Oil Corp------4 10 Tennessee Gas Pipeline Co., a division of Tenneco, Inc. (Kleberg-Driscoll Unit, Brayton Field, Nueces County, Tex., RB. District No. 4). RI60-371; 9-26-71 « 17.08741 24.25 ____do...... 4 11 . 35,813 3-26-71 4-26-71 RI71-974.. Sun Oil Co. et al------266 • 18 Transcontinental Gas Pipe Line Corp. (Egan Field, Acadia Parish, Southern Louisiana). « 22.375 RI68-424. 3-26-71 . M 12-27-70 «1 23. 65 1 BI6S-424...... do...... 266 19 ...... do...... -...... -...... (881) «26.0 » 0 5-11 71 ... RI70-63«. 5-26-71 15.05625 18.0675 RI71-975-- Coastal States Gas 38 3 South Texas Natural Gas 33,124 3-25-71 . Producing Co. et al. Producing Co. (Northeast ThompsonviUe Field, Jim Hogg County. Tex., ER. District No. 4). h i 26.0 RI71-677. 3-29-71 . 5-14-71 «1 21. 375 RI71-976-. Cities Service Oil Co. 180 U 1 3 24 Tennessee Gas Pipeline Co., a 50,528 division of Tenneco Inc. (East and West Cameron Area, RI71-428. Offshore Louisiana). * i 21. 375 H i 26.0 IS 25 . 41,625 3-31-71 .. 5-16-71 RI70-480. RI71-977-. Getty Oil Co...... 72 U 9-30-71 15.056 ti 24.08725 RI71-978— KillamA Hurd., Ltd. 1 7 Natural Gas Pipeline Co. of 24,327 3-30-71 4-30-71 America (Northeast Thompson- ville Field, Webb County, Tex., RR. District No. 4). H 20.2920 RI71-382. 5-31-71 1 7 .8 RI71-979-. Humble Oil & Refin- 472 3 Natural Gas Pipeline Co. of 44,856 3-30-71 . . ing Co. America (Armstrong Field, Jim Hogg County, Tex., RR. Dis­ trict No. 4). H U 23.0 » 5 - 7-71 M « 20.0 ...... do...... 110 «1-18 United Gas Pipeline Co. (Pistol 23,833 3- 9-71 .. Ridge, Maxie Fields, Forest et al., Counties, Miss.). U 16.2869 RI64-484. 6 - 1-71 « 14.2677 RI71-980-. Continental Oil Co... 26 2 El Paso Natural Gas Co. (Bisti 418 3-31-71 . . Field, San Juan County, N. Mex.) (San Juan Basin). 27.319 RI70-81. 5 - 1-71 10- 1-71 19.3342 RI71-981-. Getty Oil Co. etal... 105 10 Transwestern Pipeline Co. (Her­ 20,660 3-31-71 mit Field, Winkler County, Tex.) (Permian Basin). 27.5 6-30-71 « 2 2 .0 RI71-982— The Louisiana Land 8 1 Transwestern Pipeline Co. (acre­ 22,687 3-29-71 . . and Exploration age in Ward and Winkler Coun­ ties, Tex.) (Permian Basin). «16.6163 RI70-158L Co. »«3-29-71 15. 7326 RI70-1581. Gulf Oil Corp. et al. 281 5 Colorado Interstate Gas Co. (149) 3-29-71 - (Patrick Draw Area, Sweet­ water County, Wyo.). 27.32 RI70-1692. 9,240 4-29-71 9-29-71 18.08 RI71-983.. Gulf Oil Corp...... 418 8 Transwestern Pipeline Co. (Ker- 3-29-71 mit and South Kermit Fields, Winkler County, Tex.) (Per­ mian Basin). See footnotes at end of table FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 NOTICES 8759

ä pp ü k d iz— Contimi ed

Bate in Bate Sup- Amount Date Effective Date Docket Bespondent sched- pie- Cents per Mcf* effect sub- Purchaser and producing area filing date suspended ject to No. ale ment annual tendered unless until— Bate in No. No. Proposed refund in increase suspended effect increased rate dockets Nos.

EI71-984-. Tenneco Oil Co...... 193 2812 El Paso Natural Gas Co. (Jalmat' 880 3-26-71 6-27-71 12.57 17.5 Field, Lea County, N. Mex.) (Permian Basin). BI71-985-. Cities Service Oil Co— 341 El Paso Natural Gas Co. (Citgo- 8,100 3-29-71 6-30-71 » 22.0 26.5 University No. 1 Well, Terrell County, Tex.) (Permian Basin). RI71-986.. W. A. Moncrief et al—. El Paso Natural Gas Co. 1,320 3-31-71 6-1-71 10- 1-71 « 20.0 « 22.0 (Greater Aneth Field, San Juan County, Utah) (Aneth Area)...... do—...... ___ do...... 346 3-31-71 24 41 17. 7 BI71-987_Getty OU Co. et al— 6-1-71 10- 1-71 « 22.0 El Paso Natural Gas Co. (Toro 10,260 3-30-71 6-31-71 » 22.0 26.5 (Ellenburger) Field, Beeves County, Tex.) (Permian Basin). BI71-988-. Brace L. Wilson et al.. 2« 13 Southern Natural Gas Co. 2,700 3-26-71 5-27-71 2812.75 28 15.0 (Carthage Field, Panola County, Tex.) (BE. District No. 6). E171-989.. Atlantic Bichfield Co. 64 8211 Arkansas Louisiana Gas Co. 3-30-71 4-30-71 48 Accepted (Sentell Field, Bossier Parish) (Northern Louisiana)...... do______64 12...... do...... 14,760 3-30-71 6-31-71 « 14.863 28 19.0 BI71-644.. Mobil Oil Corp. et al— 9 (*») - 88 21.0 8111 Lone Star Gas Co. (Gram Area, m 3-26-71 88 6-27-71 16.0 82 21.0 Carter County) (Oklahoma BI71-644. Other Area). EI71-990.. Edwin L. Cox...... 30 6 Cimarron Transmission Co. 301 4- 1-71 . 42 7- 2-71 84 88 16.0175 84 88 18.0175 (Love County, Oklahoma BI68-129. Other Area)...... do...... 36 7 ...... do...... 418 4- 1-71 42 7- 2-71 84 88 8818.7176 84 88 88 19.8175 BI70-330...... do...... 37 8 ...... do...... 3,860 4- 1-71 42 7_ 2-71 ---- .do...... 63 6 ____ do______84 88 8818.7175 84 8888 19. 8176 BI70-330. _¿__do______55 126 4- 1-71 42 7- 2-71 88 8717.0175 88 87 18.0176 EI70-330. 4 ____do...______...I..I 1,000 4- 1-71 . 42 7_ 2-71 8887 EI71-991— Edwin L. Cox et ¿Í'— 76 3 ____ do...... 17,0175 88 87 18.0175 B 170-330. 3,770 4- 1-71 42 7- 2-71 8417.0 84 18.0 BI70-996.

'Unless otherwise stated, the pressure "base is 14.65 p.s.l.a. 88 Bate decrease reflecting recovery of Wyoming severance tax applicable to past waÎ.Î'îf ne,5res,Jitin?, Îrom termination of moratorium In Southern Louisiana pur- production back to Jan. 1, 1968. j p t Fr“er 413, as amended. 28 Pertains only to high pressure gas. s ins jnly t° gas well gas produced from the 7,660' Sand Beservoir. 84 For sales under Supplement No. 1. of new reservoirs1111611 tS required by °P inion No. 567 establishing the discovery date 88 Includes 1-cent gathering charge paid by buyer to seller. ! Applicable to reservoirs identified therein. Applicable only to the Wilson Oil & Gas No. 1-A George Boberts Well. * Letter agreement dated Feb. 11,1971, which provides for proposed increased rates. i A«ma™Ve<°f S 0.21931-cent dehydration charge deducted by buyer. 88 Applicable to production down to and including the Bodcaw Sand. f c r S S l ^ F®b- 19’ 1971> and Feb- % provide among other things 2» Applicable to production below the Bodcaw Sand. i Fnr contrf ct term and for the renegotiated rates specified therein, i or gas discovered prior to Oct. 1,1968. 80 No current production. 81 Applicable to acreage added by superseding contract dated July 1, 1970 (Supple­ lor gas discovered after Oct. 1,1968. ment NO. 9). * i \ rr a5d °?rrected by filings submitted on Apr. 7,1971. 88 Applicant.filing from initial certificated rate to initial contract rate. Æ fc S Ê B-t-u- adjustment. ESB in Docket No. BI71-833. " Vr. . day from date of initial delivery from added acreage, whichever is later. uADi9?cahfpC?Jered aft.er Oct. 1, 1968 presently being sold. « Subject to upward and downward B.t.u. adjustment. « y tor thi?dtovinte^°rate1s.eiltlfied therem and tbose Previously submitted which 88 Includes 0.0175-cent tax reimbursement. 88 Includes 1.7-cent upward B.t.u. adjustment before increase and 1.8-cent upward N °' 567 eStabUshing the dlscovery ^ B.t.u. adjustment after increase. 1 87 Subject to downward B.t.u. adjustment. tWr^vtatag^prices6561^0^ identified in 4116 documents shown to be qualified for 88 Accepted for filing to become effective as of the dates shown in the “Effective Date column, with waiver of notice granted, subject to refund in the existing rate Producing Co- 18 a wholly subsidiary proceedings in Dockets Nos. BI68-424 and RI70-1581, respectively. 88 Accepted subject to the existing suspension proceeding in Docket No. BI71-450 17 Include« n 9KUca*le adjustment for 1,140 B.t.u. gas. 1! Amend? fii?5 ce?t Paid to seller for dehydration. period^mcSh^ k e t d Untü M&y 7’ 1971’ the date of expiration of the suspension « Proposed^dAnf

and Sun8r^fim^ntS filed by Forest 0il Cl suspension proceeding in Docket No. RI68- the 24-cent rate was not applicable under for nrrm lí, Corp> in addition to provid 0 424 as of December 27, 1970, the requested the subject contract. The amended increase for f t í w ed increased rates also p ro effective date. The proposed increase to 26 is accepted, subject to the existing suspen­ ceiIi2 tUre escalations to any higher t cents is suspended until May 11, 1971, 45 sion proceeding in Docket No. RI71-450, and Commei¿íonetS f 6nt Prescribed by days from the date of filing. shall remain suspended until May 7, 1971, areawS h ' Provisions relating to 111 The proposed decrease of G u lf Oil Corp. the date of expiration of the suspension of the Com°m“ 0t4 oonform With § 154.93 (h reflects a decrease in the reimbursement of period in that proceeding. with C n ^ 0n s reSulations. Consist the Wyoming severance tax. G u lf had been filinesC™ lssiori action taken on sim The proposed increases filed by Forest Oil collecting a double amount of the con­ Corp., Killam & Hurd, Ltd., Getty Oil Co., ( b ~ l f th» Í conformity with section 15- tractually due tax reimbursement to provide ct oil., G u lf Oil Corp., and W^ A. Moncrief upon are accePted for fl] for reimbursement of taxes on past produc­ condition statutory notice with are suspended for 5 months because they ex­ tion back to January 1, 1968, as well as on ceed the corresponding rate filing limitations area rate win* ^ provisions relating to future production. Respondent now proposes imposed in Southern Louisiana. The re­ «ion's ao p S Í, níy apply uP°n the Coma 0 to collect the tax reimbursement on future maining increases, except to the extent °r settlement*^ & -*USt and reasonable r¡ production only. The proposed decreased rate otherwise indicated above, pertaining to Proceeding m an aPPÜcable area i is accepted for filing to be effective as of sales outside Southern Louisiana are sus­ and vintage. 885 ° f comParahle qua: the date of filing subject to refund in the Sun Oil j- pended for 61 days from the date of filing existing rate proceeding in Docket No. RI70- pursuant to Order No. 423 and those relating cents hain proposing a decrease fr 1581. 23.55 to sales within the Southern Louisiana area ** hocke? No | rf i S o Í eCl subJect to reft Humble Oil & Refining Co. (Hum ble) is are suspended for 45 days from the date of gas discovered' — P 8"?24, to 23 37 cents amending its rate increase filed November 6, filing. However, if the contractual effective 18 simultanera,Q?£i( T to ° ctober l, 1968, * 1970, to reflect that the total rate which 23.55 cents tn jPropoaing an increase fr date for an increase is beyond the period Humble is contractually authorized to collect described above, it is suspended for one day after October i i« Ü fnts ior eas discove is 23 cents in lieu of the previously filed from the contractual effective date. is accepted suhio**8?' ProP°sed decre 24-cent rate. Humble states that the 1-cent P d Object to refund in the exist: Certain Respondents request effective tax reimbursement, which was included in dates for which adequate notice was not

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8760 NOTICES given. Good cause has not been shown for over the same route, for operating con­ Salt Lake City, UT. Requests for proce­ granting these requests and they are denied. venience only. The notice indicates that dural information including the time for All of the producers’ proposed increased the carrier is presently authorized to filing protests concerning this applica­ rates and charges exceed the applicable area transport passengers and the same prop­ tion should be addressed to the Public price levels for increased rates as set forth erty, over a pertinent service route as Service Commission of Utah, 330 East in the Commission’s Statement of General Fourth South Street, Salt Lake City, UT Policy No. 61-1, as amended (18 CFR, ch. I, follows: From Providence, R.I., over U.S. Part 2, § 2.56). Highway 44 to Putnam, Conn., thence 84111 and should not be directed to the over Connecticut Highway 171 to South Interstate Commerce Commission. [FRDoc.71-6453 Filed 5-11-71:8:45 am] Woodstock, Conn., thence over Connecti­ By the Commission. cut Highway 169 to North Woodstock, Conn., thence over Connecticut Highway [ s e a l] R obert L. O swald, INTERSTATE COMMERCE 197 to Quinebaug, Conn., thence over Secretary. Connecticut Highway 131 to the Massa­ [FR Doc.71-6595 Filed 5-ll-71;8:47 am] chusetts-Connecticut State line, thence COMMISSION over Massachusetts Highway 131 to I Notice 111 Sturbridge, Mass., thence over U.S. High­ [Notice 37] way 20 to North Wilbraham, Mass., MOTOR CARRIER ALTERNATE ROUTE MOTOR CARRIER APPLICATIONS AND DEVIATION NOTICES thence over Wilbraham Road to Spring- field, Mass., thence over U.S. Highway 20 CERTAIN OTHER PROCEEDINGS M a y 7, 1971. to Albany, N.Y., and return over the same M ay 7, 1971. The following letter-notices of pro­ route. The following publications are gov­ posals to operate over deviation routes By the Commission. erned by the new Special Rule 247 of the for operating convenience only have Commission’s rules of practice, published been filed with the Interstate Commerce [ s e a l ] R o bert L. O s w a l d , Secretary. in the F ederal R egister, issue of Decem­ Commission under the Commission’s Re­ ber 3, 1963, which became effective Jan­ vised Deviation Rules—Motor Carriers [FR Doc.71-6597 Filed 5-ll-71;8:47 am] uary 1, 1964. of Passengers, 1969 (49 C FR 1042.2(c) The publications hereinafter set forth (9 )) and notice thereof to all interested NOTICE OF FILING OF MOTOR reflect the scope of the applications as persons is hereby given as provided in filed by applicant, and may include de­ such rules (49 C FR 1042.2(c)(9).). CARRIER INTRASTATE APPLICATIONS scriptions, restrictions, or limitations Protests against the use of any pro­ M a y 7, 1971. which are not in a form acceptable to posed deviation route herein described The following applications for motor the Commission. Authority which ulti­ may be filed with the Interstate Com­ common carrier authority to operate in mately may be granted as a result of the merce Commission in the manner and intrastate commerce seek concurrent applications here noticed will not neces­ form provided in such rules (49 CFR motor carrier authorization in interstate sarily reflect the phraseology set forth in 1042.2(c)(9)) at any time, but will not or foreign commerce within the limits the application as filed, but also will elim­ operate to stay commencement of the of the intrastate authority sought, pur­ inate any restrictions which are not proposed operations unless filed within suant to section 206(a) (6) of the Inter­ acceptable to the Commission. 30 days from the date of publication. state Commerce Act, as amended October M otor C arriers of P roperty Successively filed letter-notices of the 15, 1962. These applications are governed same carrier under the Commission’s by Special Rule 1.245 of the Commission’s No. MC 120028 (Sub-No. 3) (Republi- i cation), filed April 13, 1970, published in j Revised Deviation Rules—Motor Car­ rules of practice, published in the F ed­ the F ederal R egister issue of May 27, riers of Property, 1969, will be numbered eral R e g ist e r , issue of April 11, 1963, consecutively for convenience in identi­ page 3533, which provides, among other 1970, under State Docket No. Case MT- j fication and protests, if any, should refer things, that protests and requests for in­ 1318, and republished under No. MC to such letter-notices by number. formation concerning the time and place 120028 (Sub-No. 3) this issue. Applicant: CRAW CARTING, INC., 200 Exchange M otor C arriers o f P assengers of State Commission hearings or other proceedings, any subsequent changes Street, Rochester, N Y 14614. Applicants No. MC-13028 (Deviation No. 17), therein, any other related matters shall representative: S. Michael Richards, ¿i BONANZA BUS LINES, INC. (formerly be directed to the State Commission with West Main Street, Webster, NY 14580. The Short Line, Inc.), 27 Sabin Street, which the application is filed and shall An order of the Commission, Operating Post Office Box 1116, Annex Station, not be addressed to or filed with the In­ Rights Board, dated April 26, 1971, an“ Providence, R I 02901, filed April 13, 1971, served April 30, 1971, finds; a certificate terstate Commerce Commission. amended April 26, 1971. Carrier proposes State Docket No. 6302, filed December of registration shall be issued to aPP. to operate as a common carrier, by motor 2, 1971. Applicant: SKI UTAH TRANS­ cant, unless otherwise ordered, as e vehicle, of operations passengers and their baggage, PORTATION, INC. Applicant’s represen­ dence of a right to engage in and express and newspapers in the same in interstate or foreign commerce as a tatives: C. Richard Henriksen, 320 South vehicle with passengers, over a devia­ Fifth East Street, Salt Lake City, Utah, common carrier by motor vehicle, t tion route as follows: From junction U.S. porting the commodities from, to, and Raymond W. Gee, 336 South Third Highway 20 and Massachusetts Highway East Street, Salt Lake City, Utah. Certifi­ between the points, over ’ er 32 at Palmer, Mass., over Massachusetts within the territory, and in the mann cate of public convenience and necessity Highway 32 to junction Massachusetts sought to operate a freight service as fol­ described in the appendix he^ef ’ ther Turnpike (Interstate Highway 90) a dis­ lows: Transportation of passengets, subject to such additional and tance of 1 mile, thence over the Massa­ together with ski eguipment, clothing, conditions as may be necessary chusetts Turnpike (Interstate Highway effect to the provisions of secuo and personal belongings, over irregular 90) to Interchange No. 6, a distance of 12 206(a) (6) of the Interstate Comm routes from all points and places in Salt miles, thence over Interstate Highway Act, as amended. Because it is P Lake County on the one hand, to all 291 to downtown ramp at Springfield, that other parties who have rehed upo^ points and places in Alta, Park City, and Mass., and the Springfield Bus Terminal, the notice in the F ederal R e . Brighton, respectively, on the other hand. a distance of 4 miles, thence over Main the application as originally P . be On return movements applicant proposes Street to junction U.S. Highway 20 a dis­ to engage the same operation. Interm edi­ may have an interest in and x^e tance of one-quarter mile, thence over prejudiced by the lack of t the U.S. Highway 20 to junction Interstate ate and off-route points to be served are of the grant of authority™tt™t ^ Highway 91, a distance of one-quarter all intermediate ski resorts. Both intra­ state and interstate authority sought. requested limitation set f° author- mile, thence over Interstate Highway 91 appendix hereto, a notice of the ^ d HEARING: June 15, 1971; 10 a.m„ at to junction Massachusetts Turnpike ity actually granted will be> Public Service Commission of Utah Hear­ (Interstate Highway 90) at Interchange in the F ederal R egister and issuanc No. 4, a distance of 2 miles, and return ing Room, 330 East Fourth South Street,

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 NOTICES 8761

the certificate o f registration in this the date of such publication, during common carrier, in interstate commerce, proceeding will be withheld for a period which period any proper party in in­ within the State of Illinois. Vendee is of 30 days from the date of such pub­ terest may file a petition to reopen or authorized to operate as a common car­ lication, during which period any for other appropriate relief setting forth rier in Illinois, Kansas, and Missouri. Ap­ proper party in interest may file an in detail the precise manner in which plication has not been filed for tempo­ appropriate petition for leave to inter­ it has been so prejudiced. rary authority under section 210a(b). vene in the proceeding setting forth in detail the precise manner in which it A p p l ic a t io n for C e r t if ic a te or P e r m it No. MC-F-11161. Authority sought for W h ic h I s T o B e P rocessed C o n c u r ­ has been prejudiced. A p p e n d ix : Descrip­ purchase by FRANK L. CASTINE, INC., tion of the transportation service au­ r e n t l y W i t h A pplications U nd er S e c ­ doing business as C ASTIN E M O TO R thorized to be conducted solely within t io n 5 G o verned b y S p e c ia l R u l e 240 SERVICE, 1235 Chestnut Street, Athol, the State of New York in intrastate to t h e E x t e n t A p p l ic a b l e MA 01331, of the operating rights and commerce, as a common carrier by motor No. MC 59557 (Sub-No. 11), filed property of WESTCOTT, INC., 127 Sun­ vehicle, pursuant to that portion of cer­ March 29, 1971. Applicant: AUCLAIR derland Road, North Amherst, MA tificate of public convenience and neces­ TRANSPORTATION, INC., 333 March 01509, and for acquisition by DONALD sity No. 3099, authorized by order dated Avenue, Manchester, NH 03103. Appli­ R. Castine, 296 North Orange Road, February 9, 1971, issued by the New cant’s representative: Mary E. Kelley, 11 Athol, MA, Richard C. CASTINE, 328 York Public Service Commission: Gen­ Riverside Avenue, Medford, MA 02155. North Orange Road, Athol, MA and eral commodities, as defined in section Authority sought to operate as a common FRANK L. CASTINE, JR., R.F.D., 800.1 of title 16 of the Official Compila­ carrier, by motor vehicle, over irregular Orange, MA, of control of such rights tion of Codes, Rules and Regulations of routes, transporting: General commodi­ and property through the purchase. Ap- the State of New York: Between all ties (except those of unusual value, licants’ attorney and representative: points in Monroe County, on the one classes A and B explosives, household Frank J. Weiner, 6 Beacon Street, Bos­ hand, and, on the other, all points in goods as defined by the Commission, com­ ton, MA 02108, and Alvertus J. Morse, the counties of Genesee, Livingston, modities in bulk, and commodities re­ Central Chambers, 16 Center Street, Ontario, Orleans, and Wayne. quiring special equipment), between Northampton, MA 01060. Operating rights sought to be transferred: Gen­ No. MC 134445 (Republication), filed points in Massachusetts. N o t e : Appli­ cant’s existing authority to serve New eral commodities, excepting among March 23, 1970, published in the F ed­ Hampshire points will be tacked at com­ others, Classes A and B explosives, house­ eral Register issue of April 2$, 1970, mon points in Massachusetts to provide hold goods, and commodities in bulk, as and republished this issue. Applicant: a common carrier over regular routes, WILLIAM D. DEES, doing business as single-line service. The instant applica­ tion is a matter directly related to MC- between Sunderland, Mass., and Spring- DEES TRANSPORTATION, Post Office field, Mass., serving the intermediate Box 446, Worland, W Y 82401. Appli­ F—11126, published in the F ederal R e g ister issue of April 7,1971. I f a hear­ point of Hadley, Mass., and the off-route cant’s representative: Robert S. Stauffer, points of Easthampton, Holyoke, West 3539 Boston Road, Cheyenne, W Y ing is deemed necessary, applicant re­ quests it be held at Boston, Mass. Springfield, Chicopee, Leverett, and Pol- 82001. The modified procedure has been ham, Mass.; household goods, as defined followed in this proceeding and a report A pplications U nder S e c t io n s 5 by the Commission, over irregular routes, and order of the Commission, Review an d 210a (b ) between Amherst, Mass., and points in Board No. 4, decided December 30, 1970,' Massachusetts within 25 miles of Am­ and served January 12, 1971, finds; that The following applications are gov­ herst, on the one hand, and, on the jo viewing the substance of the applica­ erned by the Interstate Commerce Com­ other, points in New Hampshire, Ver­ tion, the proposed, operation is that of mission’s special rules governing notice mont, Maine; Rhode Island, Connecti­ a common carrier; that the present and of filing of applications by motor car­ cut, New York, New Jersey, Pennsylvania, iuture public convenience and necessity riers of property or passengers under Delaware, Maryland, Virginia, and the ^wreoperation by applicant, in inter­ sections 5(a) and 210a(b) of the Inter­ District of Columbia; state of foreign commerce, over irregu- state Commerce Act and certain other athletic equipment, r routes °f (l) machinery, equipment, proceedings with respect thereto. (49 between Amherst, Mass., on the one C FR 1.240.) hand, and, on the other, points in New at,!! ®appl,les. used in the manufacture Hampshire, Vermont, New York, and aba distribution of nonalcoholic bever- MOTOR CARRIERS OF PROPERTY Connecticut; livestock, between A m . 8 * * ° “ ^ Lake city* utah> and No. MC-F-11145. (Correction) herst, Mass., on the one hand, and, on S w , vl0,L Worland, Wyo.; (2) onalcohohc beverages, from Worland, (NORTHERN PACIFIC TRANSPORT the other, points in New Hampshire, Ver­ wyo to points in Montana and South CO.—Merge—BURLINGTON TRUCK mont, Maine, Connecticut, and New LINES, INC.), published in April 21, York. Vendee is authorized to operate i3). dry animal and poultry 1971, issue of the F ederal R eg ister on as a common carrier in Massachusetts, cIpah^ « fecld ingredients, agricultural page 7564. The prior notice should have New York, Vermont, New Hampshire, acripnihf and conditioning preparations, read: both applicants arc wholly owned Connecticut, New Jersey, Rhode Island, cul?i,S L disinfectants, and agri­ subsidiaries of BURLIN GTO N NO RTH ­ Pennsylvania, and Maine. Application food frnan«-1?isticides’ and canned pet ERN INC., which is not an applicant in has been filed for temporary authority Big Hf,rr,mr»BlFings’ M °nt., to points in this proceeding. under section 210a(b). PremnT? Pa? ’ Washakie, H ot Springs, tha^A^’r and Teton Counties, Wyo.; No. MC-F-11160. Authority sought for No. MC-F-11162. Authority sought Properiv1 S fit’ and able purchase by CHICAGO KANSAS CITY for control by N & N TRANSPORTA­ to conform .pe^ 0rm such service and FREIGHT LINE, INC., 1200 Power and TIO N CO., INC., 827 Ridgewood Avenue, Intmtew-to the retirements of the Light Building, 14th and Baltimore, K an ­ North Brunswick, NJ 08902, of ARBOR STsioS S mmer^e Act and the Com- sas City, MO 64105, of the operating MOTOR LINES, INC., 1410 Greenwood under and regulations there- rights of PRIDE MOTORS, INC., Post Drive, Piscataway, NJ 08854, and for ac­ P eriL BS ^ . e lt ls possible that other Office Box 343, La Fox, 3L 60147, and quisition by CARMINE LUIZZA, also of of tX* ?5?rha7-e relied upon the notice for acquisition by CHARLES J. HOFF­ North Brunswick, N.J. 08902, of control have an alppllcatlon as published, may MAN, also of Kansas City, Mo. 64105, of O f ARBOR MOTOR LINES, INC., iudiced by aild would ^ pre' control of such rights through the pur­ through the acquisition by N & N the ■auth(w,-Hle^ ack of pr°P er notice of chase. Applicants’ attorney: Frank W. TRANSPORTATION CO., INC., of con­ in this rennet descrjbed in the findings Taylor, Jr., 1221 Baltimore Avenue, K an ­ trol of such rights through the purchase. actually granted110^ 6 i?f the authority sas City, M O 64105. Operating rights Applicants’ attorney: William J. Au- the FEDEBATan4ed Wl11 be Published in sought to be transferred: Under a cer­ gello, Jr., Horn Professional Center, 103 a certificate S ES EER and issuance of tificate of registration, in Docket No. Fort Salonga Road, Northport, N Y 11768. Withheld for ^ thi? Proceeding will be MC-121419 SuB-1, covering the trans­ Operating rights sought to be controlled: for a Penod of 30 days from portation of general commodities, as a General commodities, excepting among

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 8762 NOTICES others, classes A and B explosives, house­ Vendee is authorized to operate as a field, N.Y., except those in Genesee and hold goods, and commodities in bulk, contract carrier in New York, Ohio, Erie Counties, N.Y. Vendee is authorized as a common carrier over irregular Pennsylvania, Massachusetts, Rhode Is­ to operate as a common carrier in Penn­ routes, between New York, N.Y., on the land, Connecticut, New Jersey, Maryland, sylvania, Maryland, Virginia, West Vir­ ginia, New Jersey, Iowa, Kentucky, Mas­ one hand, and, on the other, Newark, Delaware, and the District'd Columbia. sachusetts, Michigan, Missouri, New Elizabeth, and New Brunswick, N.J. N & N Application has been filed for temporary TRANSPORTATION CO., INC., is au­ authority under section 210a (b ). Hampshire, Rhode Island, Vermont, Maine, Connecticut, Delaware, Ohio, In­ thorized to operate as a common carrier No. MC-F-11165. Authority sought for diana, Illinois, North Carolina, Alabama, in Ohio, West Virginia, Maryland, Penn­ purchase by WRIGHT TRUCKING, Mississippi, Louisiana, Tennessee, Wis­ sylvania, New York, New Jersey, Massa­ INC., 16 Main Street, Lowell, MA 01853, consin, Florida, Georgia, South Carolina, chusetts, Rhode Island, Connecticut, of a portion of the operating rights of and the District of Columbia. Application Delaware, Virginia, and the District of BONDED TRUCKING & RIGGING, has been filed for temporary authority Columbia and as a contract carrier in INC., 16 Main Street, Lowell, MA 01853, under section 210a (b ). New Jersey, Connecticut, Delaware, and for acquisition by HAROLD E. Maryland, Massachusetts, New York, WRIGHT AND HAROLD E. WRIGHT, Motor Carrier Passenger Pennsylvania, Rhode Island, Maine, New JR., both of Sherburne Road, Pelham, No. M C -F—11166. Authority sought for Hampshire, Vermont, Ohio, West Vir­ N.H., of control of such rights through purchase by NEW HAVEN & SHORE ginia, Virginia, North Carolina, Texas, the purchase. Applicants’ attorneys: LINE RAILW AY COMPANY, Inc., 24 Illinois, Indiana, Iowa, Kentucky, Mich­ John F. Curley, 15 Court Square, Boston, Hamilton Street, New London, CT 06320, igan, Minnesota, Missouri, Tennessee, MA 02108, and William H. Sullivan, 22 the operating rights of THAMES VAL- Wisconsin, and the District of Columbia. Shattuck Street, Lowell, MA. Operating L E Y TR AN SPO R TATIO N , INC., Boston, Application has been filed for temporary rights sought to be transferred: General Mass., and for acquisition by M. A, authority under section 210a (b ). commodities, excepting among others, SAVIN, also of New London, Conn. 06320, No. MC-F-11163. Authority sought for classes A and B explosives, household of control of such rights through the purchase by JAMES F. HERLIHY goods, and commodities in bulk, as a purchase. Applicants’ attorney: S. Har­ TRUCKING CO., INC., 20 Emma Street, common carrier, over irregular routes, rison Kahn, Suite 733, Investment Build­ Binghamton, NY 13905, of a portion of between Lowell, Mass., and points within ing, Washington, DC. 20005. Operating the operating rights of MOTOR RAIL 10 miles of Lowell, on the one hand, and, rights sought to be transferred: Pas­ TRANSPORT, INC., 348 West Fayette on the other, points in New Hampshire sengers and their baggage, and express Street, Syracuse, NY 13202, and for ac­ on and south of a line beginning at the and newspapers in the same vehicle wi quisition by JAMES F. HERLIHY, 7 Maine-New Hampshire State line, and passengers, as a common carrier ov Andrea Drive, Vestal, N Y 13850, of con­ extending along U.S. Highway 202 to regular routes, between New London, trol of such rights through the purchase. junction New Hampshire Highway 9, and Conn., and Worcester, Mass., with re­ Applicants’ attorney: Herbert M. Canter, thence along New Hampshire Highway 9 striction, between Colchester, and Nor­ 345 South Warren Street, Syracuse, NY to the New Hampshire-Vermont State wich, Conn., serving all intermediate 13202. Operating rights sought to be line, and those in Vermont on and south points; passengers and their baggag, transferred: General commodities, ex­ of Vermont Highway 9. Vendee is author­ and express, and newspapers in the cepting among others, classes A and B ized to operate as a common carrier in vehicle with passengers, and baggage explosives, household goods, and com­ Massachusetts, Pennsylvania, Rhode passengers in a separatevehicle.be modities in bulk, as a common carrier, Island, New York, Connecticut, New New London, Conn., and the U.S. Navai over irregular routes, between Buffalo, Jersey, and Delaware. Application has Submarine Base at or near G ; Rochester, Syracuse, Utica, Elmira, and not been filed for* temporary authority Conn., serving no intermediate P < , Binghamton, N.Y., on the one hand, and, under section 210a (b ). passengers and their baggage on the other, points in New York (except No. MC-F-11167. Authority sought for press and newspapers, in the sames w New York, N.Y., and points in Nassau, purchase by H. C. GABLER, INC., Rural hide with passengers, during the se Suffolk, Rockland, Westchester, Orange, Delivery No. 3, Chambersburg, PA 17201, extending from May 15 to Septemberl5, Putnam, Sullivan, Ulster, Dutchess, St. of a portion of the operating rights of both inclusive of each year, betwe Lawrence, Franklin, Clinton, and Essex Stevens Truck Lines, Inc., INTERNAL wich, Conn., and Misquamicut Beach, Counties). Vendee is authorized to oper­ REVENUE SERVICE (Successor in in­ R.I.. serving all intermediate points b ate as a common carrier in New Jersey terest), 41 State Street, Rochester, NY tween Westerly and Misquamicut Beacn and New York. Application has been filed 14614, and for acquisition by HAROLD including w e s te r »; for temporary authority under section C. GABLER, Montgomery Avenue, Ex­ baggage, restricted to tramc eus 210a (b ). tended, Chambersburg, PA 17201, of con­ and terminating at the points ind at in special operations on round-1 P * ar No. MC-F-11164. Authority sought for trol of such rights through the purchase. Applicants’ attorney: Christian V. Graf, seeing or Pleasure tours, ov T^on , purchase by GLENN E. TRIPP, doing routes, from Norwich and Ne Lo business as SPECIAL SERVICE, 760 407 North Front Street, Harrisburg, PA 17101. Operating rights sought to be Conn., to points in that Par^ °f ^ ^ Lindenwood Lane, Medina, OH 44256, of bounded>by a line beginning at Troy^an^ a portion of the operating rights of transferred: Canned foodstuffs, frozen fruit in containers, and dried beans, as a extending in an easterly di cti york. STEVENS TRUCK LINES, INC., IN­ New York Highway 2 to the JNew TERNAL REVENUE SERVICE (Succes­ common carrier, over irregular routes, Massachusetts State liner York- sor in Interest), 893 Ridge Road, Webster, from Oakfield, N.Y., and points within 25 miles of Oakfield, to New York, N.Y., Thence south along the^New NY 14580. Applicants’ attorney: Keith F. Massachusetts State line and ® Is. Henley, 88 East Broad Street, Suite 1660, and points in New Jersey and Pennsyl­ vania, except those in Potter, McKean, York-Connecticut State line te) ?erly Columbus, OH 43215. Operating rights land Sound, thence in Warren, Crawford, Venango, Forest, Elk, a southeastern sought to be transferred: Salt (except in direction to the southernm ai0ng bulk), as a common carrier, over irregu­ and Cameron Counties, Pa., from points within 25 miles of Oakfield, N.Y., except hattan Island, and _ Rjver to lar routes, from Akron, Ohio, to those the east bank of the Hudson River^ points in New York State on and west of those in Genesee and Erie Counties, a line beginning at Oswego, N.Y., thence N.Y., to points in the Pennsylvania Troy, including points %hSachusetts , over New York Highway 57 to Syracuse, Counties specified above; burlap bags, and points in that River and re­ from New York, N.Y., and points in New west of the Connecticut River,a ^ thence over Interstate Highway 81 to turn; passengers and their bagg Binghamton, thence over New York Jersey, and Pennsylvania except those stricted to traffic ;ongmat mg ®ons Highway 17 to Waverly, thence over U.S. in the Pennsylvania Counties specified Highway 220 to the New York-Pennsyl- above, to Oakfield, N.Y., and points territory indicated, in sP ^ onP county, within 25 miles of Oakfield, from points from points in New Delaware) vania State line (including all of Syra­ Conn., to points m Maine, of cuse and Binghamton, N .Y .), with re­ in the Pennsylvania Counties specified Maryland, Virginia, and t striction. Certificate not yet issued. above, to points within 25 miles of Oak­

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 NOTICES 8763

! Columbia, and return; passengers and filed with the Interstate Commerce Com­ Boulevard, Post Office Box 471, Akron, their baggage, restricted to traffic orig­ mission under the Commission’s Revised OH 44309, filed April 26, 1971. Carrier inating in the territory indicated, in Deviation Rules—Motor Carriers of proposes to operate as a common carrier, charter operations, from points in New Property, 1969 (49 CFR 1042.4(d) (11)) by motor vehicle, of general commodities, London County, Conn., to points in and notice thereof to all interested per­ with certain exceptions, over deviation Maine, Delaware, Maryland, Virginia, sons is hereby given as provided in such routes as follows: ( 1 ) From Indianapolis, New York, New Jersey, Pennsylvania, rules (49 C FR 1042.4(d) (1 1 )). Ind., over Indiana Highway 37 to Bed­ Massachusetts, Rhode Island, Vermont, Protests against the use of any pro­ ford, Ind.; ( 2) from Indianapolis, Ind., New Hampshire, and the District of Co­ posed deviation route herein described over U.S. Highway 421 to Monticello, lumbia, and return; passengers and their may be filed with the Interstate Com­ Ind.; and (3) from junction Indiana baggage, in special operations, between merce Commission in the manner and' Highway 67 and Indiana Highway 57, New London, Groton, Norwich, and W a­ form provided in such rides (49 CFR over Indiana Highway 57 to Evansville, terford, Conn., on the one hand, and, 1042.4(d) (12)) at any time, but will not Ind., and return over the same routes, for on the other, La Guardia and Kennedy operate to stay commencement of the operating convenience only. The notice International Airports, New York, N.Y., proposed operations unless filed within indicates that the carrier is presently au­ and Newark Airport, Newark, N.J.; pas­ 30 days from the date of publication. thorized to transport the same com­ sengers and their baggage, in special op­ Successively filed letter-notices of the modities, over pertinent service routes as erations, in round trip service, beginning same carrier under the Commission’s Re­ follows: ( 1 ) From Indianapolis, Ind., and ending at points in New London, vised Deviation Rules—Motor Carriers over U.S. Highway 31 to Seymour, Ind., Conn., and extending to the site of the of Property, 1969, will be numbered con­ thence over U.S. Highway 50 to Bedford, New York World’s Fair in New York, secutively for convenience in identifica­ Ind.; ( 2) from Indianapolis, Ind., over N.Y., beginning and ending at points in tion and protests, if any, should refer U.S. Highway 31 to Peru, Ind., thence New London County, Conn., and extend­ to such letter-notices by number. over U.S. Highway 24 to Monticello, Ind. ; ing to the Aqueduct Race Track and and (3) from junction Indiana Highways Yonkers Raceway, New York, N.Y., and M otor C arriers o f P r o p e r t y 67 and 57, over Indiana Highway 67 to Belmont Park Race Track, and Roosevelt No. MC-263 (Deviation No. 10), GAR­ Vincennes, Ind., thence over U.S. High­ Raceway, Nassau County, N.Y., with re­ RETT FREIGHTLINES, INC., Post Office way 41 to Evansville, Ind., and return strictions; beginning and ending at .Box 4048, Pocatello, ID 83201, filed over the same routes. points in New London County, Conn., and April 29, 1971. Carrier proposes to oper­ extending to Yankee Stadium, and Shea ate as a common carrier, by motor vehi­ No. MC-2202 (Deviation No. 117), Stadium, New York, N.Y.; passengers cle, of general commodities, with certain ROADWAY EXPRESS, INC., 1077 Gorge and their baggage, in special operations, exceptions, over deviation routes as fol­ Boulevard, Post Office Box 471, Akron, between Old Saybrook, Conn., on the one lows: ( 1 ) From Emeryville, Calif., over OH 44309, filed April 28, 1971. Carrier hand, and, on the other, La Guardia and Interstate Highway 80 to junction Inter­ proposes to operate as a common carrier, Kennedy International Airports, New state Highway 505, thence over Interstate by motor vehicle, of general commodities, York, N.Y., and Newark Airport, N.J. Highway 505 to junction Interstate High­ with certain exceptions, over a deviation with restriction; way 5, thence over Interstate Highway 5 route as follows: Between McKinney, Passengers and their baggage, in spe- to junction U.S. Highway 97, thence over Tex., and Bonham, Tex., over Texas ciai operations, in round-trip sightseeing U.S. Highway 97 to junction unnumbered Highway 121, for operating convenience f« 5 2 s® * tours- beginning and end- highway at Wasco, Oreg., thence over un­ only. The notice indicates that the car­ R Danielson, Putnam, numbered highway to junction U.S. rier is presently authorized to transport 2 ,?ld P aybrook’ Conn > and points in Highway 30, thence over U.S. Highway 30 the same commodities, over a pertinent New London County, Conn., and extend- to junction U.S. Highway 730, thence service route as follows: From McKinney, jjgto points in New Hampshire, Ver- - over U.S. Highway 730 to junction U.S. Tex., over U.S. Highway 75 to Denison, Island * £ * YT0rk’ Massachusetts, Rhode Highway 12, thence over U.S. Highway 12 Tex., thence over ,U.S. Highway 69 to Mieh£0neWTJ!£sey’ Pennsylvania, Ohio, to Walla Walla, Wash.; and (2) from Bells, Tex., thence over U.S. Highway 82 Arknmf11’ *ndiana- Illinois, Missouri, Sacramento, Calif., over California High­ to Bonham, Tex., and return over the ls-Mississippi, Alabama, Louisi- way 16 to junction Interstate Highway 5, same route. srinia * entackY, Tennessee, West Vir- thence over the route described in ( 1 ) No. MC-59135 (Deviation No. 4), RED X r io °UthJCarolina’ North Carolina, above to Walla Walla, Wash., and return STAR EXPRESS LINES OF AUBURN, en£aatnnd- W i n n i n g and over the same routes for operating con­ INCORPORATED, 24—50 Wright Avenue, broofc^n" DaniAels> Putnam, and Old Say- venience only. The notice indicates that Auburn, N Y 13021, filed April 27, 1971. a n £ S d neCtl1Cnt’ and Westerly, RX, the carrier is presently authorized to Carrier proposes to operate as a common warp i f ndl>ng to Points in Maine, Dela- transport the same commodities, over carrier, by motor vehicle, of general com­ trict’ofPoulanu-’ Vir.rinia, and the Dis- pertinent service routes as follows: ( 1 ) modities, with certain exceptions, over a«e js a ?PImT1ria> with restriction. Ven- From Emeryville, Calif., over U.S. High­ a deviation route as follows: Between carrier K nZed tG Gperate “ a common way 40 to junction U.S. Highway 95, Boston, Mass., and Bridgeport, Conn., W e SewT ori thence over U.S. Highway 95 to junction over Interstate Highway 95, for operat­ chusette New Jersey, Massa- UJS. Highway 20, thence over U.S. High­ ing convenience only. The notice indi­ ahd Vermont T f?la? d> Pennsylvania, way 20 to junction U.S. Highway 30, cates that the carrier is presently for tem S T ' Appbcatl<>n has been filed thence over U.S. Highway 30 to junction 2l0a

FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 NOTICES 8764 cut Highway 73 to Watertown, Conn., New Britain, Conn., thence over Connec­ over Connecticut Highway 158 to West thence over U.S. Highway 6 to junction ticut Highway 71 to junction Connecticut Haven, Conn., thence over unnumbered Connecticut Highway 72, thence over Highway 72, thence over Connecticut highway (formerly Connecticut Highway Connecticut Highway 72 to junction Highway 72 to Berlin, Conn., thence 162) to junction Connecticut Highway 162, thence over Connecticut Highway Connecticut Highway 10, thence over over Alternate U.S. Highway 5 to junc­ Connecticut Highway 10 to junction tion U.S. Highway 5, thence over U.S. 162 to Woodmont, Conn., thence over Connecticut Highway 122 to Milford, Connecticut Highway 4, thence over Highway 5 to junction Alternate U.S. Connecticut Highway 4 to Hartford, Highway 5, thence over Alternate U.S. Conn., thence over unnumbered highway (formerly U.S. Highway 1) to junction Conn., and thence over the route as Highway 5 to Meriden, Conn., thence specified above to Springfield, Mass. over unnumbered highways via South U.S. Highway 1, thence over U.S. High­ Meriden and Yalesville, Conn., to Wall­ way 1 to Bridgeport, Conn.; and return By the Commission. ingford, Conn., thence over U.S. Highway from Bridgeport, Conn., over Connecticut Highway 8 to Shelton, Conn., thence con­ [ s e a l] R obert L. O swald, 5 to North Haven, Conn., thence over Secretary. tinuing over Connecticut Highway 8 to Alternate U.S. Highway 5 to via Monto- [PR Doc.71-6598 Filed 5—11-71;8:47 am] wese, Conn., to New Haven, Conn., thence Waterbury, Conn., thence over Connecti-

CUMULATIVE LIST OF PARTS AFFECTED— MAY

The following numerical guide is a list of parts of each title of the Code of Federal Regulations affected by documents published to date during May.

3 CFR Page 9 C FR Page 76______8362, 8363, 8507, 8659, 8660 P roclamations : 97______8238 4049 ----- 8289 4050 ______8551 4051 _____ 8553 10 CFR' 4052 ______8657 P roposed R u l e s : E x e c u t iv e O rder; 2______8379 11592______J______— _____ 8555 140______8454 P residential D o c u m e n t s O th er T h a n P roclamations and E x ­ 12 CFR e c u t iv e -O rders : 1 ______8723 Memorandum of April 30, 201------8441 17 CFR 1971— ----- 8721 545______8507, 8724 231 8238 703______8508 241 8239 5 CFR 249 8235, 8501, 8723 P roposed R u l e s : 97Q H H B - 8729 213______- 747______1______8591 270_------_____---- g729 7 CFR P roposed R u l e s : 19 8433 13 CFR 8319 8502 270______— 8319,8525 51 121______8660 274______52 8557 354 8235 724______8291, 8503 14 CFR 18 CFR 8240 751___ 8505 39______8209, 8306, 8307, 8509 8240 907 ______i______8291 47 8661 8240 908 ___ .______8361, 8441 4 9 __ 8661 8240 I 909— ------8671 7 ll”_—IIIIIII-1______8209, 8240 910______8236, 8291, 8558 ” 821018307, 8308, 8363-8365, 8509, 8240 911______8236 8510, 8662 8666 917— '______8671 73 ______8210,8510 8563 1015______8361 75" " ______8210, 8308 1421______8291,8362,8559 8308 8739 1430— ------8237 P roposed R u l e s ; 19 CFR 730______8261 8666 911______- ______8520 8667 915______8522 8365. 917______8735 16------— 8731 929. ______8453 174______966______8262, 8677 P roposed R u l e s : 8312 980______8262, 8677 10. 1036— ______8524 1125______8678 1136______8376 20 CFR 1207— ______— — 8588 27______oaoo 404. 29______P roposed8383 R u l e s : 8 CFR 33______8383 602. 39______8695, 8696 204______8294 71______8263, 214______8660 8316-8319, 8405, 8524, 8525, 8591, 8242 234— ______8294 8732 8696-8698 238. ______8294 8242 299______8295, 8505 75______8264, 8406 499—______8505 239______8739 FEDERAL REGISTER, VOL. 36, NO. 92— WEDNESDAY, MAY 12, 1971 FEDERAL REGISTER 8765

21 CFR— Continued p&se 32 CFR Page 45 CFR Page 149y—------8243 420______8243, 8441 P r o p o s e d R u l e s : Proposed R u l e s : 116------8316 rh T R7»ft 1030______8259 132____.______8316 420------8455 906------8525 3 2 A CFR 1201------8698 23 CFR Ch. V II: 4 6 CFR 1______— ...... 8243 T -2 (a m e n d e d ) - , 8672 24 CFR P r o p o s e d R u l e s : 309------8511 Ch. X flSQ'7 542------_ 8259 P r o p o s e d R u l e s : 220------8211 221------8211 3 3 CFR 503------8460 231 8912 1 fi7Q9 5 1 0 ------8460 232___ _ 85*1?! 3_ non 543___------_ 8460

234 ------8212 P r o p o s e d R u l e s : 235 ------82 12 4 7 CFR 117------8382 3 6 CFR 1000------8212 11UV------OaI a 326------8442 Ch. m ------8213 P r o p o s e d R u l e s : 1914 ------8233, 8565 7— ------8585 1915 ------___ 8234, 8366, 8566 P r o p o s e d R u l e s : Proposed R u l e s : 3 7 CFR 1------8382 1913____ 8453 2------8591 73 ------8382, 8455, 8456, 8591, 8699 25 CFR 3 8 CFR 74 ------8382, 8457, 8591 4 9 CFR Proposed R u l e s : 161______8520 3 9 CFR 221______8677 195------8296 391______8452 26 CFR 392______r4F>2 124------8372 571------8296, 8298 8734 * 1033.1------8306, 8673' 8674 41 CFR 1124------’ 8211 Proposed R u l e s : P r o p o s e d R u l e s : 5A-73------8374 1------8585 173------8329 15—1 »447 179------8329 29 CFR 101—20 noot; Ch. X ------8599 101-26______89Q5 1115------8740 101—45 »Kerr 1123------___ 8327 Proposed R u l e s : 115-1------8568 }2 3 ...... 8376, 8591 5 0 CFR 1904...... 8693, 8694 4 3 CFR

30 CFR P u b l i c L a n d O r d e r s : Proposed R u l e s : 2721 (revoked in part by PLO 5050)------8450 5024 (corrected by PLO 5051) _ 8450 31 CFR 5029 (corrected by PLO 5049) _ 8450 P r o p o s e d R u l e s : 10... 5049------8450 10— ------8677 500 ------8671 5050— * ------8450 5051------8450 26° - — ...... 8688

LIST OF FEDERAL REGISTER PAGES AND DATES___MAY

Pages Date 8203-8281 8283-8354 8355-8426 8427-8494 8495-8543 8545-8649 8651-8716 8717-8765____

UNITED STATES GOVERNMENT ORGANIZATION MANUAL -1970/71

OFFICE OF THE FEDERAL REGISTER National Archives and Records Service General Services Administration.

iWlffiMfl iWlHKtiiidK'l1

U N I T E D S T A T E S GOVERNMENT ORGANIZATION MANUAL

1970/71 presents essential information about Government agencies (up­ dated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about the U.S. Govern ment. The United States Government Organization Manual is the official guide to the functions of the Federal Government, published by the Office of the Federal Register, GSA.

$ « 2 . 0 0 per copy. Paperbound, with charts

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