FEDERAL REGISTER VOLUME 35 • NUMBER 19 Wednesday, January 28, 1970 • Washington, D.C. Pages 1079-1144

Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Agriculture Department Civil Aeronautics Board Civil Service Commission Coast Guard Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Highway Administration Federal Home Loan Bank Board Federal Power Commission Federal Trade Commission Fish and Wildlife Service Hazardous Materials Regulations Board Health, Education, and Welfare Department Indian Affairs Bureau Internal Revenue Service Interstate Commerce Commission Land Management Bureau Maritime Administration Pipeline Safety Office Small Business Administration Tariff Commission Wage and Hour Division Detailed list of Contents appears inside. Current White House Releases

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AGRICULTURAL RESEARCH FEDERAL AVIATION FISH AND WILDLIFE SERVICE SERVICE ADMINISTRATION Rules and Regulations Rules and Regulations Rules and Regulations Public access, use, and recrea­ Foreign nurseries; certified as pro­ Airworthiness standards; cor- tion: ducing specified disease-free rectio n ______1102 Great Meadows National Wild­ material------1083 Alterations: life Refuge, Mass______1110 Hog cholera and other communi­ Control zone______1103 Monomoy National Wildlife cable swine diseases; areas Federal airway. ______1103 Refuge, Mass______1110 quarantined ______1101 Federal airway segments_____ 1103 Transition areas (2 documents) _ 1102, HAZARDOUS MATERIALS AGRICULTURAL STABILIZATION 1103 REGULATIONS BOARD AND CONSERVATION SERVICE Proposed Rule Making Rules and Regulations Rules and Regulations Control zones and transition area; proposed alteration_____ 1111 Hazardous materials in tanks; Flue-cured tobacco; farm market­ Transition areas: transportation by rail freight ing quotas and acreage allot­ Proposed alteration______1111 and highway______1108 ments ______1083 Proposed designation______1112 AGRICULTURE DEPARTMENT HEALTH, EDUCATION, AND See also Agricultural Research FEDERAL COMMUNICATIONS WELFARE DEPARTMENT Service; Agricultural Stabiliza­ COMMISSION Rules and Regulations tion and Conservation Service; Rules and Regulations Consumer and Marketing Serv­ Minimum standards or operation ice. Aeronautical fixed stations in for State agencies for surplus Alaska; deletion of unnecessary property; plan of operation___ 1108 Notices license requirement______1107 Designation of areas for emer- Amateur radio service; authorized Notices gency loans : frequencies and emission. _____ 1107 Statement of organization, func­ Alabama ______1121 Certain FM broadcast stations; tions and delegations of author­ Mississippi ______1121 table of assignments______1106 ity (2 documents)______1123, 1124 Missouri _____ .______1121 North Carolina______1121 FEDERAL HIGHWAY Tennessee ______1122 INDIAN AFFAIRS BUREAU T exas------1122 ADMINISTRATION Notices Rules and Regulations CIVIL AERONAUTICS BOARD Southern Ute Reservation, Colo.; Federal vehicle safety standards; resolution legalizing introduc­ Notices correction ______m o tion, sale, or possession of in­ Hearings, etc.: toxicants ______1H8 IATA agreements relating to FEDERAL HOME LOAN BANK transatlantic fares______1122 BOARD INTERIOR DEPARTMENT Pacific Northwest - California Investigation ______1122 Notices See Fish and Wildlife Service; Fidelity Corp.; application for Indian Affairs Bureau; Land CIVIL SERVICE COMMISSION permission to acquire control of Management Bureau. Notices Universal Savings Association.. 1122 INTERNAL REVENUE SERVICE Justice Department; revocation of FEDERAL POWER COMMISSION authority to make noncareer Notices executive assignment______1122 Rules and Regulations Pricing of new gas produced by Tison, James Earl; granting of COAST GUARD pipelines and pipeline affiliates. 1104 relief------1H8 Rules and Regulations Notices Transfer of regulations; correc­ Hearings, etc.: INTERSTATE COMMERCE tion ------1104 Arkansas Louisiana Gas Co___ 1127 COMMISSION Kirby Royalties, Inc., et al____ 1126 COMMERCE DEPARTMENT Northern Natural Gas Co_____ 1127 Notices See Maritime Administration. Motor carrier: FEDERAL TRADE COMMISSION Alternate route deviation no­ CONSUMER AND MARKETING tices (2 documents)______1128-1131 Rules and Regulations Applications and certain other SERVICE Prohibited trade practices: proceedings______1132 Rules and Regulations Directional Contract Furniture Intrastate applications______1138 Corp _— ------1103 Lemons grown in California and Jens Rison Design, Inc., and Temporary authority applica­ Arizona; expenses and rate of Jens Rison Design (Cali­ tions (2 documents)____ 1138-1140 assessment ______1101 fornia) Inc______1104 (Continued on next page) 1081 1082 CONTENTS

LABOR DEPARTMENT PIPELINE SAFETY OFFICE TARIFF COMMISSION See Wage and Hour Division. Proposed Rule Making Notices Minimum Federal safety standards Workers’ petition for determina­ LAND MANAGEMENT BUREAU for gas pipelines; welding and tion of eligibility to apply for other joining of pipe compo­ adjustment assistance; notice of Notices nents ______1112 investigation ______1128 California; proposed classifica­ tion of public lands for transfer SMALL BUSINESS TRANSPORTATION DEPARTMENT out of Federal ownership____ 1118 ADMINISTRATION See Coast Guard; Federal Avia­ tion Administration; Federal Idaho; proposed withdrawal and Notices reservation of lands______1120 Highway Administration; Haz­ New Mexico; proposed classifica­ License surrender: ardous Materials Regulations tion of lands______1121 Chestnut Hill Capital Corp___ 1127 Board; Pipeline Safety Office. Small Business Investment Cor­ poration of Georgia.______1128 TREASURY DEPARTMENT MARITIME ADMINISTRATION Transportation Capital Corp_1128 Wyatt Investment Corp.____ 1128 See Internal Revenue Service. Notices WAGE AND HOUR DIVISION T2-Se-A2 Mission San Rafael; notice of availability for major Rules and Regulations conversion and restoration for Agriculture industry in Puerto commercial operation______1123 Rico; wage rates______1105

List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1970, and specifies how they are affected.

7 CFR 16 CFR 47 CFR 319______1083 13 (2 documents)______1103, 1104 73______H06 725______1083 87______1107 910______1101 18 CFR 97______H07 2______1104 9 CFR 49 CFR 76______1101 29 CFR 173______H08 177__ 1108 14 CFR 727______1105 371______1110 23 __ 1102 45 CFR P roposed R ules: 71 (5 documents)______1102, 1103 14 ______1108 192...... 1112 135______1102 P roposed R ules: 46 CFR 50 CFR 71 (3 documents).,______1111, 1112 66 ______1104 28 (2 documents)______1H0 67 ______1104 69______1104 1083 Rules and Regulations

V. Kraus Nurseries, Ltd.; Carlisle, Ontario, These instructions add an additional Canada. Title 7— AGRICULTURE Mori Nurseries, Ltd.; Rural Route No. 2, nursery (H. Fleuren Nursery, Baarlo (L.), Chapter III— Agricultural Research Niagara-on-the-Lake, Ontario, Canada. Netherlands) to the list of nurseries Okanagan Nurseries; Rural Route No. 4, designated as eligible to ship disease-free Service, Department of Agriculture Kelowna, British Columbia, Canada. Malus, Prunus and Pyrus material to the PART 319—-FOREIGN QUARANTINE Oliver Nursery; Oliver, British Columbia, United States. Section 319.37-28 of the Canada. regulations provides for such designation NOTICES Ottawa Research Station, Canada Depart­ of nurseries certified by the plant pro­ ment of Agriculture; Ottawa, Ontario, Subpart— Nursery Stock, Plants, and Canada. tection service of the country of origin Seeds Reimer’s Nursery; 4586 Dyke Road, Yarrow, as producing such material from parent British Columbia, Canada. plants that have been tested and found Foreign N urseries Certified as P ro­ Research Branch, Canada Department of to be free of significant diseases, when ducing S pecified D isease-F ree Ma­ Agriculture; Saanichton, British Columbia, such certification is satisfactory to the terial Canada. Director of the Plant Quarantine Divi­ Pursuant to § 319.37-28 of the regula­ Reserach Branch, Canada Department of sion. Such admissible material may enter Agriculture; Smithfield, Ontario, Canada. under permit. The above list includes all tions supplemental to the Nursery Stock, Research Branch, Canada Department of Plants, and Seeds Quarantine (Notice Agriculture; Summerland, British Columbia, foreign nurseries that have been certified of Quarantine No. 37, 7 CFR 319.37-28), Canada. to date by their respective plant protec­ issued under the authority of sections 7 Research Branch, Canada Department of tion services as fulfilling the prescribed and 9 of the Plant Quarantine Act of Agriculture; Vineland Station, Ontario, conditions. 1912 (7 U.S.C. 160, 162), administrative Canada. Determination of the satisfactory com­ Hans Rhenisch, Fairview Orchards Ltd.; pliance of the listed nurseries with the instructions designated as § 319.37-28a Keremeos, British Columbia, Canada. (7 CFR 319.37-28a, 34 F.R. 8194) are Scott-Whaley Nurseries, Ltd.; Ruthven, conditions imposed by § 319.37-28 de­ hereby revised to read as follows: Ontario, Canada. pends entirely upon facts within the knowledge of the Department of Agri­ § 319.37—28a Administrative instructions Stewart Bros. Nurseries, Ltd.; 1546 Bernard designating foreign nurseries eligible Avenue, Kelowna, British Columbia, Canada. culture. These instructions relieve a re­ Traas Nursery, Ltd.; 24120 48th Avenue, striction and in order to be of maximum to ship disease-free Malus, Prunus, Rural Route No. 7, Langley, British Columbia, benefit to persons desiring to import this and Pyrus material to the United Canada. States. material, they should be made effective Western Ontario Fruit Testing Association; promptly. Accordingly, under the Ad­ The following nurseries have been Harrow, Ontario, Canada. ministrative procedure provisions of 5 designated by the Director of the Plant Dutch Nurseries U.S.C. 553, it is found upon good cause Quarantine Division as eligible to ship H. Fleuren Nursery; Baarlo (L.), that notice and other public procedure on disease-free Malus, Prunus and Pyrus Netherlands. the instructions are impracticable and material to the United States. Gebroeders Janssen; Nederweert, Limburg, unnecessary and they may be made effec­ British Nurseries Netherlands. « tive less than 30 days after publication in Jan Kloosterhuis en Zoon; Winschoten, the F ederal R egister. Blackmoor Estate, Ltd:; Blackmoor, Liss, Groningen, Netherlands. Hampshire, England. F. Kuiper; Veendam, Groningen, Nether­ Done at Hyattsville, Md., this 23d day Brinkman Bros., Ltd., Walton Nurseries; lands. of January 1970. Bosham, Chichester, Sussex, England. Gebroeders Oosterwijk; Sappemeer, Coates Co., Ltd., The Firs; Emneth, Groningen, Netherlands. [seal] f . A. J ohnston, Wisbech, Camtas., England. J. J. Saes; Nederweert, Limburg, Director, Darby Bros., Broad Fen Farm; Methwold Netherlands. Plant Quarantine Division. Hythe, Thetford, England. Firma P. Slits-Brouns; Venray, Limburg, East Mailing Research Station; Maidstone, [F.R. Doc. 70-1066; Filed, Jan. 27, 1970; Kent, England. Netherlands. Plantenziektekundige Dienst; Wageningen, 8:48 a.m.] Hammond, D. H.; Ware Street, Bearlsted, Netherlands. Maidstone, Kent, England. Hilling, T. & Co., Ltd., The Nurseries; Chob- German Nurseries Chapter VII— Agricultural Stabiliza­ ham, Woking, Surrey, England. W. Bornholdt, Baumschulen; 2082 Torn­ Lauritzen, H„ Epping Green Orchard; esch, West Germany. tion and Conservation Service (Agri­ EPPing, Essex, England. H. Cordes, Baumschulen; 2 Wedel/Holstein, cultural Adjustment), Department of Long Ashton Research Station; University West Germany. Agriculture of Bristol, Long Ashton, Bristol, England. H. Neuhoff, Baumschulen; 2084 Rellingen, Matthews, F. P., Ltd.; Berrington Court, Ellerbeker Weg 4-6, West Germany. SUBCHAPTER B— FARM MARKETING QUOTAS Tenibury Well, Worcestershire, England. Claus Stahl, Baumschulen; 2082 Tornesch,' AND ACREAGE ALLOTMENTS Matthews Fruit Trees Ltd.; Thurston, Bury Ahrenloher Strasse, West Germany. bt. Edmunds, Suffolk, England. G. Strobel & Co., Baumschulen; 20 Pinne­ PART 725— FLUE-CURED TOBACCO Roger, R. v., Ltd., The Nurseries; Pickering, berg, Wedeier Weg, West Germany. Yorkshire, England. F. Timmermann KG., Baumschulen; 2 Subpart— Flue-Cured Tobacco, 1970- Canadian Nurseries Wedel/Holstein, West Germany. 71 and Subsequent Marketing Years Walther Uhl, Baumschulen; 208 Kummer- Blue Mountain Nurseries & Orchards Ltd.; feld/Krs. Pinneberg, West Germany. On pages 19356 through 19374 of the Clarksburg, Ontario, Canada. W. Walper, Baum- und Rosenschulen; 2082 F ederal R egister of December 6, 1969, Brookdale-Kingsway Ltd.; 145 Duke Street, Uetersen, Lesekampstr 11, West Germany. there was published a notice of proposed Bowmanville, Ontario, Canada. Hans Wunderlich, Obstbaumschulen; 208 rule making to issue regulations relating Byland’s Nursery; Rural Route No. 1, West- Pinneberg, Schulenhorn 10, West Germany. to farm acreage allotments, and farm bank, British Columbia, Canada. marketing quotas, the issuance of mar­ ay Nursery; Rural Route No. 4, Kelowna, (Secs. 7, 9, 37 Stat. 317, 318; 7 U.S.C. 160, 162; 29 F.R. 16210, as amended; 7 CFR 319.37-28) keting cards, the identification of mar­ British Columbia, Canada. ketings of tobacco, the collection and Downham, H. C., Nursery Co., Ltd.; Strath- These administrative instructions shall r°y, Ontario, Canada. refund of penalties, and the records and become effective upon publication in the reports required of producers, ware­ N ^ l? agnon; ComPton, Quebec, Canada. F ederal R egister, when they shall super­ housemen, dealers, truckers, storage Kelowna Nurseries; Post Office Box 178, sede 7 CFR 319.37-28a, effective May 27 Kelowna, British Columbia, Canada. firms, and Kansas City Data Processing 1969. Center for Flue-cured tobacco for the

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1084 RULES AND REGULATIONS 1970-71 and subsequent marketing years. Sec. § 725.50 Basis and purpose. 725.67 Time for making reduction of acre­ Interested persons were given 15 days age allotment for violation of the The regulations contained in §§ 725*50 after publication of such notices in which marketing quota regulations. through 725.110 are issued pursuant to to submit written data, views, and 725.68 Allotments and yields for farms ac­ and in accordance with the Agricultural recommendations with respect to the quired under right of eminent Adjustment Act of 1938, as amended (7 proposed regulations. The data, views, domain. U.S.C. 1281 et seq.), and are applicable and recommendations which were sub­ 725.69 Determination of acreage allotments to Flue-cured tobacco for the 1970-71 and mitted pursuant to said notice were duly for new farms. subsequent marketing years. They gov­ considered within the limits of the Agri­ 725.70 Approval of allotments and market­ ing quotas, and notices to farm ern the establishment of farm acreage cultural Adjustment Act of 1938, as operators. allotments and marketing quotas, the amended. The proposed regulations are 725.71 Application for review. issuance of marketing cards, the identi­ adopted with the following changes: 725.72 Lease and transfer of tobacco mar­ fication of marketings of tobacco, the 1. Grammatical errors in the text of keting quotas. collection and refund of penalties, and the notice have been corrected. 725.73 Determining tobacco history acre­ the keeping of records and making of 2. In § 725.69(b) (2) the text “cigar- ages. reports incident thereto. The applica­ binder (types 51 and 52), or” omitted in 725.74 Transfer of farm marketing quotas. 725.75 Reduction in farm allotment be­ bility of the regulations for any market­ the notice, has been included. cause of cropland limitation. ing year subsequent to the 1970-71 mar­ 3. In § 725.98 a provision is included to 725.76 Transfer of tobacco farm acreage keting year is contingent upon the proc­ clarify that where farm data for actual allotment for farms affected by lamation of a national marketing quota marketings is determined to be incorrect • a natural disaster. for such year pursuant to section 312(a) because of a violation the production 725.77-725.84 [Reserved] of the Act. records are to be corrected for all farms I dentification of T obacco, Marketing and § 725.51 Definitions. involved in the violation. Other Disposition of T obacco, and Since farmers are now preparing for Penalties As used in this subpart and in all in­ the production of the 1970 crop, it is 725.85 Identification of kinds of tobacco. structions, forms, and documents in con­ essential that these regulations be made 725.86 Disposition of tobacco produced on nection therewith, the words and phrases effective at the earliest possible date. excess acres. defined in this section shall have the Accordingly, this document is being made 725.87 Issuance of marketing cards. meanings herein assigned to them unless effective upon the date of its publication 725.88 Claim stamping and replacing mar­ the context or subject matter otherwise in the F ederal R egister. keting cards. requires. References contained herein to 725.89 Invalid cards. Signed at Washington, D.C., Jan­ 725.90 Misuse of marketing card. other parts of this chapter or title shall uary 21,1970. 725.91 Identification of marketings. be construed as references to such parts K enneth E. F rick, 725.92 Rate of penalty. and any amendments now in effect or Administrator, Agricultural Sta­ 725.93 Persons to pay penalty. later issued. The following words or bilization and Conservation 725.94 Penalties considered to be due from phrases are defined in Parts 718 or 719 Service. warehousemen, dealers, buyers, of this chapter and shall have the mean­ and others excluding producers. ings assigned to them by such regula­ The regulations are as follows: 725.95 Producers penalties; false identifi­ cation; failure to account; can­ tions: “County committee”, “County Ex­ Subparf— Flue-Cured Tobacco, 1970—71 and celed allotments; overmarketing ecutive Director”, “community commit­ Subsequent Marketing Years proportionate share. tee”, “current year”, “Department”, General 725.96 Payment of penalty. “Deputy Administrator”, “Director”, Sec. 725.97 Request for return of penalty. “farm”, “Federally owned land”, “opera­ 725.50 Basis and purpose. tor”, “person”, “preceding year”, “pro­ 725.51 Definitions. R ecords and Reports ducer”, “representative of the county 725.52 Location of farm for administrative 725.98 Producers’ records and reports. committee”, “representative of the State purposes. 725.99 Warehouseman’s records and re­ committee”, “Secretary”, “State com­ 725.53 Extent of determinations, computa­ ports. mittee”, and “State executive director”. tions, and rule for rounding 725.100 Dealers’ records and reports. fractions. 725.101 Dealers exempt from regular rec­ (a) Act. The Agricultural Adjustment 725.54 Supervisory authority of State ASC ords and reports on MQ-79, and Act of 1938, as amended. Committee. season report for exempted (b) Auction sale. A marketing of to­ 725.56 Instructions and forms. dealers. bacco by a sale at public auction through Acreage Allotment, History Acreage, Mar­ 725.102 Records and reports of truckers and a warehouse in the regular course of keting Quotas, and Yields for Old Farms persons redrying, prizing or stem­ business, including sale of all lots or ming tobacco and storage firms. baskets of tobacco at public auction in 725.56 Determination of preliminary farm 725.103 Separate records and reports from acreage allotments. persons engaged in more than sequence at a given time. 725.57 Determination of preliminary farm one business. (c) Base period. The 5 calendar years yields. 725.104 Failure to keep records and make immediately preceding the year for which 725.58 Determination of farm acreage al­ reports or making false report or farm acreage allotments are currently lotments and effective farm acre­ record. being established. age allotments. 725.105 Registration of warehousemen and (d) Buyers corrections account. The 725.59 Determination of farm yields. dealers. warehouse account of tobacco purchased 725.60 Determination of effective farm 725.106 Duties of Kansas City ASCS Data at auction by the buyer, but not delivered marketing quotas. Processing Center. 725.61 Determination of undermarketings 725.107 Examination of records and reports. to the buyer, or any tobacco returned and overmarketings for farms 725.108 Length of time records and reports by the buyer because of rejection by the with Conservation Reserve con­ are to be kept. buyer, lost ticket, or any other valid tracts, Cropland Conversion Pro­ 725.109 Information confidential. reason, which is turned back to the ware­ gram agreements, or land covered houseman and supported by an adjust­ by a Cropland Adjustment Pro­ Discount Varieties gram agreement. ment invoice from the buyer. This ac­ 725.62 Determination of undermarketings 725.110 Determination of discount varieties. count shall include the pounds and and overmarketings for allotments Authority: The provisions of this Part amounts deducted resulting from short while in eminent domain pool. 725 issued under sections 301, 313, 314, 316, baskets and short weights, and pounds 725.63 Determination of allotments and 317, 363, 372-375, 377, 378, 52 Stat. 38, as and amounts added resulting from long yields for divided farms. amended, 47, as amended, 48, as amended, baskets and long weights, which buyers 725.64 Determination of allotments and 75 Stat. 469, as amended, 79 Stat. 66, 52 Stat. debit or credit to the warehouseman and yields for combined farms. 63, as amended, 65-66, as amended, 72 Stat. support with adjustment invoices. 725.65 Determination of undermarketings 995; section 401, 63 Stat. 1054, as amended, (e) Community average yield. The and overmarketings for reconsti­ sections 106, 112, 125, 70 Stat. 191, 195, 198, tuted farms. as amended, section 16(e), 76 Stat. 606; 7 average yield in the community as de­ 725.66 Correction of errors and adjusting U.S.C. 1301, 1313, 1314, 1314b, 1314c, 1363, termined by averaging the yields per inequities in acreage allotments 1372-1375, 1377, 1378, 1421, 1813, 1824, 1836, acre for the 3 highest years of the 5 for old farms. 16 U.S.C. 590p(e). years 1959 to 1963, inclusive, except that

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 RULES AND REGULATIONS 1085 if the yield for any of the 3 highest years (r) Marketing recorder or field assist­ (ii) Undermarketings. The pounds by is less than 80 percent of the average ant. Any employee of the U.S. Depart­ which the effective farm marketing for the 3 years then that year or years ment of Agriculture, or any employee of quota is more than the pounds marketed. shall be eliminated and the average of an Agricultural Stabilization and Con­ (jj) Warehouseman. A person who the remaining years shall be the com­ servation Service county (ASCS) office, engages in the business of holding sales munity average yield. whose duties involve the preparation and of tobacco at public auction. (f) Current year. The calendar year handling of the records and reports per­ for which acreage allotments are being taining to the identification of market­ § 725.52 Location of farm for adminis­ established, or tobacco history acreage ings of tobacco. trative purposes. and yields are being determined, or the (s) Marketing year. The period begin­ (a) County. The location of a farm farm is being considered under the pro­ ning July 1 of the year in which the in a county for administrative purposes visions of the marketing quota program. tobacco is produced and ending June 30 shall be as provided in Part 719 of this (g) Dealer or buyer. A person who en­ of the following year. chapter. gages to any extent in acquiring or sell­ (t) New farm. A farm for which a (b) Community. (1) A farm that is ing tobacco in the form normally tobacco allotment is established in the geographically located entirely within marketing by producers. current year and for which there is no one community shall be assigned to that (h) Director. The Director, or Acting tobacco history acreage in the base community. Director, Commodity Programs Division, period. (2) A farm that is geographically Agricultural Stabilization and Conser­ (u) Nonauction sale. Any first mar­ located in one county and in more than vation Service, UJS. Department of keting of tobacco other than by a sale one community shall be assigned to the Agriculture. at auction. community (i) where the principal (i) Effective farm acreage allotment. (v) Old farm. A farm on which there dwelling is located, or (ii) where the The allotment determined under § 725.58. is tobacco history acreage in one or more largest amount of cropland is located, if (j) Effective farm marketing quota. years of the base period. there is no such dwelling. The quota determined under § 725.60. (w) Overmarketings. The pounds by (3) A farm that is geographically lo­ which the pounds marketed exceed the cated in mere than one county and in (k) Excess tobacco for a farm. The effective farm marketing quota. more than one community shall be as­ excess tobacco on a farm for the current (x) Pound. That amount of tobacco signed to the community in the county year shall be the quantity of tobacco which, if weighed in its unstemmed form in which the farm is located for admin­ marketed in the current marketing year and in the condition in which it is istrative purposes under Part 719 of this after 110 percent of the effective farm usually marketed by producers, would chapter in which the principal dwelling marketing quota has been marketed. equal 1 pound standard weight. is located, or if the principal dwelling is (l) Farm acreage allotment. The acre­ (y) Preceding year. The calendar year not located in such county, or there is age determined by multiplying the pre­ immediately preceding the year for no such dwelling, to the community in liminary farm acreage allotment by the which the allotments and quotas are such county having the largest amount national acreage factor. established, or the marketing year pre­ of cropland. (m) Farm marketing quota. The ceding the marketing year for which pounds determined by multiplying the the allotments and quotas are estab­ § 725.53 Extent of determinations, com­ farm acreage allotment by the farm lished. putations, and rule for rounding yield. (z) Preliminary farm acreage allot­ fractions. (n) Farm yield—ll) Old farm. The ment. The preceding year’s farm acreage (a) General. If rounding is prescribed farm yield for an old farm is that yield allotment for a farm which has tobacco herein, computations shall be carried to determined as provided in § 725.59. history acreage in the base period. two decimal places beyond the number (2) New farm. The farm yield for a (aa) Preliminary farm yield. Theof decimal places required and digits of new farm is that yield determined as yield determined for a farm as provided 50 or less beyond the required number of provided in § 725.59. in § 725.57. decimal places shall be dropped; if 51

FEDERAL REGISTER, VO L 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1086 RULES AND REGULATIONS forms and instructions shall be approved years of the 5 consecutive crop years of the preceding year farm marketing by and the instructions shall be issued beginning with the 1959 crop year shall quota plus pounds leased to the farm for by the Deputy Administrator. be determined. If Flue-cured tobacco such year) and divide the result by the was not produced for at least 3 years of current year’s farm yield, (ii) Add to the Acreage Allotments, H istory Acreage, the 5-year period, the average of the acreage computed under subdivision (i) Marketing Quota and Y ields for Old yields for the years in which tobacco was of this subparagraph the acreage ob­ Farms produced shall be determined. The pro­ tained by dividing the pounds leased and § 725.56 Determination of preliminary- visions of subparagraph (4) of this para­ transferred to the farm for the current farm acreage allotments. graph shall be applied to the simple aver­ year by the current year’s farm yield for age of such yields. the lessee farm. (a) Farms with history acreage in (2) Downward adjustment. The farm base period. A preliminary farm acreage (3) If no Flue-cured tobacco was pro­ duced on the farm in the 5-year period acreage allotment, after adjustment un­ allotment shall be determined for each (1959-63) but the farm is eligible for an der subparagraph (1) of this paragraph, farm which has tobacco history acreage, allotment because it has tobacco history if any, shall be adjusted downward as as defined and explained in § 725.73 of acreage in the 5-year period (1960-64), follows: (i) Subtract from the farm this part, in the base period, except that a preliminary farm yield for the farm marketing quota the pounds overmar­ no preliminary farm acreage allotment shall be determined by the county com­ keted in the preceding marketing year shall be established in the current year mittee taking into consideration (i) the (plus additional pounds overmarketed under any one of the following condi­ soil and other physical factors affecting in any prior marketing year for which tions: (1) The only tobacco history acre­ the production of tobacco on the farm, a reduction in quotas has not been age credited to the farm during the and (ii) the preliminary farm yields made) and divide the result by the cur­ entire base period is history acreage determined for other farms in the com­ rent year’s farm yield, (ii) Subtract from restored because the allotment was re­ munity on which the soil and other the acreage computed under (i) of this duced for violation of the marketing physical factors affecting the produc­ subparagraph the (a) acreage obtained quota regulations, (2) a new farm allot­ tion of tobacco are similar. If no Flue- by dividing the pounds leased and trans­ ment was established in any prior year cured tobacco was produced in the com­ ferred from the farm for the current year but was canceled for the year preceding munity in the 5-year period (1959-63), by the current year’s farm yield for the the current year, (3) an allotment was the preliminary farm yield shall be ap­ lessor farm, (b) acreage reduced because pooled under Part 719 of this chapter but praised on the basis of the soil and other of insufficient cropland, and (c) acreage was canceled, or (4) the county commit­ physical factors affecting the production reduced because of a violation of the tee determines that the cropland in the of tobacco on the farm and the pre­ marketing quota regulations. farm has been retired from agricultural liminary farm yields for similar farms production and was not and could not outside the community. § 725.59 Determination of farm yields. have been acquired under the right of (4) If the simple average of the yields (a) Old farms. The farm yield for an eminent domain by the person or agency for the farm as determined under sub- old farm shall be determined by multi­ that acquired it: Provided, That this paragraph (2) of this paragraph is (i) plying the preliminary farm yield for the paragraph shall not preclude the deter­ as much as 80 percent but not more than farm by the national yield factor for the mination of a preliminary farm acreage 120 percent of the community average current year. allotment for (i) an old farm that is re­ yield, the preliminary farm yield shall (b) New farms. The farm yield for a turned to agricultural production if the be the simple average of such yields; (ii) new farm shall be that yield, not to ex­ allotment for the retired land was not more than 120 percent of the community ceed the community average yield, which allocated to other land contained in the average yield, the preliminary farm yield the county committee determines for the farm of which the retired land was a shall be the sum of 50 percent of the farm taking into consideration (1) the part, or (ii) a farm for which an acreage average of the 3 highest years and 50 soil and other physical factors affecting allotment may be determined under the percent of the national average yield the production of tobacco on the farm, provisions of § 725.68. goal (1,854 pounds) but not less than and (2) the farm yields determined for (b) Preliminary farm acreage allot­ 120 percent of the community average other farms on which the soil and other ment. The preliminary farm acreage al­ yield or more than the average of the 3 physical factors affecting the production lotment for the current year for a farm highest years for the farm; or (iii) less of tobacco are similar. which qualifies for a preliminary farm than 80 percent of the community aver­ acreage allotment under paragraph (a) § 725.60 Determination of effective age yield, the preliminary farm yield farm m arketing quotas. of this section shall be the same as the shall be 80 percent of the community farm acreage allotment (prior to reduc­ The effective farm marketing quota for tion for violation, prior to adjustment for average yield. a farm for the current year shall be the lease and transfer, and prior to adjust­ (b) New farms. The preliminary farmfarm marketing quota determined by ment for undermarketings or overmar­ yield for a new farm shall be determined multiplying the farm acreage allotment ketings) established for such farm for by dividing the farm yield determined for the current year by the farm yield in accordance with § 725.59(b) for such established for the current year, adjusted the immediately preceding year. farm by the national yield factor appli­ § 725.57 Determination of preliminary cable for the year in which the new farm as follows: farm yields. (a) Upward adjustment. The farm allotment was established. marketing quota shall be adjusted up­ (a) Old farms. The preliminary farm§ 725.58 Determination of farm acre­ ward by adding (1) the pounds under­ yield for an old farm shall be the same age allotments and effective farm marketed in the preceding marketing preliminary farm yield as was in effect acreage allotments. year, not to exceed 100 percent of the for such farm in the immediately pre­ farm marketing quota for the preceding ceding year. Preliminary farm yields re­ (a) Farm acreage allotments. The farm acreage allotment shall be deter­ marketing year, plus pounds leased and quired to be established for farms recon­ transferred to the farm in such year, and stituted under § 725.63, using yield data mined by multiplying the current year’s preliminary farm acreage allotment by (2) the pounds leased and transferred to for base years 1959-63, shall be deter­ the farm for the current year. mined as follows: the national acreage factor for the cur­ (1) An average yield per acre for each rent year. (b) Downward adjustment. The farm farm for each year of the period 1959 (b) Effective farm acreage allotment. marketing quota, after adjustment, if through 1963 shall be determined by The effective farm acreage allotment for any, under paragraph (a) of this section, the current year shall be determined by shall be adjusted downward by subtract­ dividing the total pounds of Flue-cured ing (1) the pounds overmarketed in the tobacco produced on such farm by the adjusting the farm acreage allotment for total acreage of Flue-cured tobacco har­ the current year as follows: preceding marketing year plus additional (1) Upward adjustment, (i) Add thepounds overmarketed in any prior mar­ vested from such farm for each respec­ keting year for which a reduction in tive year. farm marketing quota and the pounds (2) A simple average of the yields per undermarketed in the preceding market­ quota has not been made, (2) the pound acre for each farm for the 3 highest ing year (not to exceed 100 per centum reduced for violation of the tobacco

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 RULES AND REGULATIONS 1087 marketing quota regulations for a prior preliminary farm yield for the parent that the increase is necessary to estab­ year, (3) the pounds leased and trans­ farm. lish an allotment for such farm which ferred from the farm for the current (iii) Where the tract is (a) one foris fair and equitable in relation to the year and (4) the pounds computed for which a preliminary farm yield has allotments for other old farms in the allotment reduction because of in­ never been established, and (b) one Community in which the farm is located. sufficient cropland acreage on the farm. which was a separate farm in one or The reserve acreage for adjusting allot­ more years of the period 1959 through ments under this paragraph will be pro­ § 725.61 Determination of undermar­ ketings and overmarketings for 1963, the preliminary farm yield shall rated based on the relationship of each farms with conservation reserve con­ be determined in accordance with pro­ State’s preliminary acreage allotment to tracts, cropland conversion program cedure in § 725.57, using the community the national total. The national office agreements, or land covered by a average yield for the community in will advise State offices of the amount. cropland adjustment program agree­ which the tract is located under the pro­ Correction of errors shall be made out m ent. visions of § 725.52. In determining the of the reserve acreage before allotments preliminary farm yield, the yield per are adjusted for inequities. The farm marketing quota established acre for the parent farm shall be used (b) Basis for adjustment. Acreage in­ for a farm, all of which is under a con­ for those years of the period 1959 through servation reserve contract or cropland creases to adjust inequities in acreage 1963 the tract was part of the parent allotments shall be made on the basis conversion program agreement, or land farm and the yield per acre for the covered by a cropland adjustment pro­ of the past acreage of tobacco, making tract when it was a separate farm shall due allowances for drought, flood, hail, gram agreement, including the tobacco be used in the remaining years. acreage, shall be considered as zero for other abnormal weather conditions, (2) Where the contribution method plant bed, and other diseases; land, the purpose of determining undermar­ is not used. When a farm is divided and ketings and overmarketings for such labor, and equipment available for the the allotments are divided by any production of tobacco; crop rotation farm. For a farm, a part of which is method other than the contribution under a conservation reserve contract practices; and the soil and other physi­ method, the preliminary farm yield for cal factors affecting the production of or cropland conversion program agree­ such tract shall be the same as the pre­ ment with the permitted acres less tobacco. Not to exceed 1 percent of the liminary farm yield established for the national acreage allotment minus that than the allotment, the marketing quota parent farm. determined by multiplying that part of part of the national reserve set aside for (c) Farm yield. The farm yield for aestablishing new farm allotments shall the allotment equal to the permitted tract separated from a parent farm by acres by the farm yield shall be con­ be made available for adjusting inequi­ division shall be determined by multi­ ties and correction of errors. The total sidered the farm marketing quota for the plying the preliminary farm yield by farm for the purpose of determining of all adjustments in old farm allotments the national yield factor for the current under this paragraph shall not exceed undermarketings and overmarketings. year. Permitted acres as used in this section the acreage apportioned the county for means the total number of acres which § 725.64 Determination of allotments such purpose. The sum of adjustments could be devoted to nonconserving or and yields for combined farms. for farms in the county owned, operated, soil bank base crops under the terms of (a) Allotments. Farm acreage allot­ or controlled by the State, county, and the conservation reserve contract or ments and history acreages and other community committeemen and the cropland conversion program agreement. county office manager, shall not be basic data for combined farms shall be larger in relation to the sum of the pre­ § 725.62 Determination of undermar­ computed for the base period in accord­ ceding year’s allotments for such farm ketings and overmarketings for allot­ ance with Part 719 of this chapter, ex­ than the sum of the adjustments for ments while in eminent domain pool. cept as provided in paragraph (b) of this other farms in the county in relation The farm marketing quota established section. to the preceding year’s allotments for for an allotment which is in the eminent (b) Yields. The farm yield for a com­ such farms. domain pool for the current year shall bined farm shall be the weighted aver­ age of the farm yields established for (c) CR, CCP, and CAP farms. The al­ be considered as zero for the purpose the parent farms. The preliminary farm lotment for a farm under a conservation of determining undermarketings and reserve contract or a farm under a crop­ overmarketings. yield for the combined farm shall be determined by dividing the farm yield land conversion program agreement, or § 725.63 Determination of allotments for the combined farm by the national land under a cropland adjustment pro­ and yields for divided farms. yield factor for the current year. gram agreement shall be given the same consideration under this section as the (a) Allotments. Farm acreage allot­§ 725.65 Determination of undermar­ allotments for other old farms. ments for divided farms shall be divided ketings and overmarketings for re­ pursuant to the provisions of Part 719 constituted farms. (d) Approved acreage. Acreage ap­ of this chapter. History acreages and proved for a farm under this section be­ other basic data shall be apportioned (a) Divisions. Undermarketings and comes a part of the farm acreage allot­ among the divided tracts as provided in overmarketings of the parent farms ment. The farm marketing quota for such Part 719 of this chapter, except as pro­ shall be apportioned among the divided farm shall be adjusted by multiplying the vided in paragraphs (b) and (c) of this tracts in the same ratio as the market­ adjusted farm acreage allotment by the section. ing quotas are established for the divided farm yield. tracts. £b> Preliminary farm yields—(1) (b) Combinations. Undermarketings § 725.67 Time for making reduction of Where contribution method is used. of the parent farm shall be the total acreage allotment for violation of the where a tract is separated from the undermarketings of the combined farms marketing quota regulations. parent farm and the tobacco acreage and overmarketings of the parent farm Any reduction in the farm acreage al­ allotment is divided by the contribution shall be the total overmarketings of the lotment for a farm for the current year method, the preliminary farm yield shall combined farms. required for any of the reasons provided be determined as follows : in § 725.98 shall be made no later than (i) Where a preliminary farm yield § 725.66 Correction of errors and ad­ April 1 of the current year. If the reduc­ was established for the tract prior to the justing inequities in acreage allot­ tion is not made by such date for the cur­ time the tract became part of the parent ments for old farms. rent year, the reduction shall be in the iarm such yield shall be the preliminary (a) General. Notwithstanding thefarm acreage allotment next established farm yield for the tract. limitations contained in any other sec­ for the farm, but no later than by April 1

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 No. i! -2 1088 RULES AND REGULATIONS

§ 725.68 Allotments and yields for farms which the county committee, with ap­ farm operator is a partnership, each acquired under right of eminent do­ proval of the State committee, deter­ partner must expect to obtain, during m ain. mines is fair and reasonable for the farm the current year, more than 50 percent (a) Allotments and marketing quotas. taking into consideration the past to­ of his income from agricultural com­ The determination of allotments for bacco experience of the farm operator, modities or products from the farm; farms acquired by an agency having the the land, labor, and equipment available where the farm operator is a corporation, right of eminent domain, the transfer for the production of tobacco; crop rota­ it must have no major corporate purpose of such allotments to a pool, and real- tion practices; and the soil and other other than operation and ownership, location from the pool shall be adminis­ physical factors affecting the production where applicable, of such farm, and the tered as provided in Part 719 of this of tobacco: Provided, That the acreage officers and general manager of the chapter. Where all or a part of an allot­ allotment so determined shall not exceed corporation must expect to obtain ment is pooled, all or a proportionate part 50 percent of the average of the acreage more than 50 percent of their income, of the farm marketing quota shall be allotments established for two or more including dividends and salary, from pooled. but not more than five old tobacco farms the corporation, (ii) When the farm (b) Yields for receiving farms. The which are similar with respect to land, operator is a low-income farmer, farm yield for a farm to which pooled labor, and equipment available for the the county committee may waive the acreage allotment and marketing quota production of tobacco, crop rotation income provision in subdivision (i) of are transferred shall be determined by practices and the soil and other physical this subparagraph if it determines that dividing the farm marketing quota (in­ factors affecting the production of the farm operator’s income, from both cluding the transferred farm market­ tobacco. farm and nonfarm sources, is so low that ing quota) by the farm acreage allot­ (b) Conditions. Notwithstanding anyit will not provide a reasonable standard ment (including the transferred farm other provision of this section, a tobacco of living for the operator and his family, acreage allotment). The preliminary acreage allotment shall not be established and a State committee representative farm yield shall be determined by divid­ for any new farm unless each of the fol­ approves such action. The county com­ ing the farm yield by the national yield lowing conditions has been met: mittee must exercise good judgment to factor for the current year. (1) The farm shall be operated by the see that its determination is reasonable (c) Undermarketings and overmar­ owner thereof. A person who owns only in the light of all pertinent factors and ketings. Undermarketings of the farm ac­ part of a farm cannot be considered the that this special provision is made ap­ quired by eminent domain shall be added owner of the farm except that both hus­ plicable only to those who qualify. In to the marketing quota for the receiving band and wife shall be considered the making its determination, the county farm and overmarketings of the acquired owner of the farm if the farm is jointly committee shall consider such factors as farm shall be subtracted from the mar­ owned by such husband and wife. size and type of farming operations, esti­ keting quota of the receiving farm. (2) The farm covered by the applica­ mated net worth, estimated gross family (d) Release and reapportionment. The tion shall be the only farm in the United farm income, estimated family off-farm displaced owner of a farm may, not later States owned or operated by the farm income, number of dependents, and other than April 1 of the current year, release operator for which a Burley, Flue-cured, factors affecting the individual’s ability in writing to the county committee for Fire-cured, dark Air-cured, Virginia sun- to provide a reasonable standard of liv­ the current year all or part of the acre­ cured, Maryland, Cigar-filler (type 41); ing for himself and his family. age for the farm in a pool under Part 719 Cigar binder (types 51 and 52), or (7) The farm operator shall have had of this chapter for reapportionment for Cigar-filler and binder (types 42, 43, 44, experience in producing, harvesting, and the current year by the county commit­ 53, 54, and 55) tobacco acreage allotment marketing Flue-cured tobacco either as tee to other farms in the county having is established for the current year. a sharecropper, tenant, or farm opera­ allotments for Flue-cured tobacco. The (3) The farm shall not have an allot­ tor during at least 2 of the 5 years im­ marketing quota for the pooled acreage ment for the current year for any of the mediately preceding the year for which shall be adjusted downward by the kinds of tobacco listed in subparagraph the new farm allotment is requested. If amount determined by multiplying the (2) of this paragraph, other than the the applicant was in the armed services acreage released by the farm yield for allotment requested in the application. during any part or all of the 5-year the farm acquired by eminent domain. (4) The available land, type of soil, period, the experience period shall be The county committee may reapportion, topography of the land on the farm for expanded, year for year, for each year not later than May 1 of the current year, which the allotment is requested is suit­ of military service during such 5-year the release acreage or any part of it to able for the production of Flue-cured period. The production of Flue-cured other farms in the county on the basis tobacco requested in the application and tobacco on a farm for which no farm of past acreage of tobacco, land, labor, the production of Flue-cured tobacco on acreage allotment for such kind of and equipment available for the produc­ the farm ordinarily will not result in an tobacco was established shall not be tion of tobacco, crop rotation practices, undue erosion hazard under continuous deemed as experience in growing tobacco and soil and other physical factors affect­ production. for this purpose. ing the production of tobacco. The mar­ (5) The operator shall own, or other­ (8) A written application is filed by keting quota for the farm to which re­ wise have readily available, adequate the farm operator at the office of the leased acreage is reapportioned shall be equipment and the other facilities of county committee on or before Feb­ adjusted upward by multiplying the re­ production (including irrigation water) ruary 15 of the calendar year for which apportioned acreage by the farm yield necessary to the successful production of the application is made. for such farm. The allotment acreage Flue-cured tobacco. (9) The farm shall not include land reapportioned shall not, for purposes of (6) (i) The operator shall expect to returned to agricultural production establishing future farm allotments, be obtain during the current year more than after being acquired by an agency hav­ regarded as planted on the farm to which 50 percent of his income from the produc­ ing the right of eminent domain if the the allotment was reapportioned. No re­ tion of agricultural commodities or entire tobacco allotment for the land lease and reapportionment of allotment products from the farm for which the was pooled pursuant to Part 719 of this acreage hereunder shall be the result of new farm allotment application is filed. chapter until after a date 5 years from any private negotiations between in­ In making this computation of income the date the former owner was displaced dividuals. Any acreage released shall be from the farm, no value will be allowed from the land acquired by eminent released to the county committee and for the estimated return from the pro­ domain. such acreage shall be reapportioned only, duction of the requested allotment. How­ (10) A farm which includes land by the county committee. ever, in addition to the value of agricul­ which has no tobacco acreage allotment tural products sold from the farm, credit because the owner did not designate a § 725.69 Determination of acreage al­ will be allowed for the estimated value lotments for new farms. tobacco allotment for such land when of home gardens, livestock and livestock the parent farm was reconstituted pur­ (a) Basic. The acreage allotment, otherproducts, poultry, or other agricultural than an allotment made under § 725.68, products produced for home consump­ suant to Part 719 of this chapter, shall for a new farm shall be that acreage tion or other use on the farm. Where the not be eligible for a new farm tobacco

FEDERAL RE! ÏÎSTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 RULES AND REGULATIONS 1089 allotment for a period of 5 years be­ (c) Mailing notices. If the records of chapter, Appeal Regulations, and ginning with the year in which the farm the county committee indicate that the amendments thereto, which are avail­ reconstitution becomes effective. acreage allotment and marketing quota able in the county ASCS office. (11) The farm operator must not haveestablished for any farm may be changed § 725.72 Lease and transfer of tobacco been approved for a new farm tobacco because of (1) a violation of the market­ marketing quotas. allotment during the preceding 3 years. ing quota regulations for prior market­ (c) Downward adjustment. The acre­ ing year, (2) removal of the farm from (a) Farms eligible. For the crop year age allotments established as provided agricultural production, (3) division of 1970, notwithstanding the provisions of in this section shall be subject to such the farm, or (4) combination of the §§ 725.51 through 725.71, but subject to downward adjustment as is necessary to farm, the mailing of the notices may be the limitations provided in this section, bring the total of such allotments within delayed: Provided, That the notice of the owner and operator (acting together the total acreage available for allot­ allotment and marketting quota for any if different persons) of any farm for ments to all new farms. farm shall be mailed no later than which an old farm tobacco acreage allot­ (d) Basis for cancellation. Any im­ April 1 of the current year. ment is established for the current year properly established new farm allotment (d) Allotment erroneous notice. If the may lease and transfer all or any part is subject to cancellation under the pro­ official written notice of the farm acreage of the farm marketing quota established vision in § 725.98. for such farm to any other owner or allotment and marketing quota issued for operator of a farm in the same county § 725.70 Approval of allotments and any farm erroneously stated an acreage with a current year’s allotment (old or marketing quotas, and notices to allotment larger than the correct effec­ new farm) for Flue-cured tobacco for farm operators. tive farm acreage allotment, the acreage use on such farm. The allotment estab­ (a) Review by State committee. All allotment shown on the erroneous notice lished for a farm as pooled allotment farm acreage allotments, yields, and shall be deemed to be the tobacco acreage under Part 719 of this chapter may be marketing quotas shall be determined by allotment for the farm for the current leased and transferred during the 3- the county committee of the county in marketing year only, if the county com­ year life of the pooled allotment. The which the farm is located and shall be mittee determines (with approval of the lease and transfer of marketing quotas reviewed by a representative of the State executive director) that (1) the shall be recognized and considered valid State committee. The State committee error was not so gross as to place the by the county committee subject to the operator on notice thereof, and (2) that conditions set forth in this section. may revise or require revision of any the operator, relying upon such notice determination made under these regu­ and acting in good faith, planted an (b) Annual agreement. Any lease lations. All acreage allotments, yields, acreage of tobacco in excess of the cor­ shall be made on an annual basis and and marketing quotas shall be approved rect effective farm acreage allotment. on such terms and conditions, except as by a representative of the State com­ otherwise provided in this section, as the mittee, and no official notice of acreage (e) Marketing quota erroneous notice. parties thereto agree. allotment and marketing quota shall be If the official notice of acreage allotment (c) Filing an approval of lease. The mailed to a farm operator until such and marketing quota issued for a farm lease and transfer of an effective farm allotment and marketing quota has erroneously stated a marketing quota marketing quota or any part thereof been so approved, except that revised larger than the correct effective farm shall not be effective until a copy of the notices without such prior approval may marketing quota, the marketing quota lease, determined by the county commit­ be mailed in cases (1) resulting from shown on the erroneous notice shall be tee to be in compliance with the provi­ reconstitutions that do not involve the deemed to be the marketing quota and sions of this section, is filed with the use of additional acreage or marketing the basis for marketing quota penalty county committee not later than April quota, or (2) of allotment reductions computation for the farm for the current 1 of the current year, except that a lease due to failure to return marketing cards marketing year only, if the county com­ shall be effective if (1) the county com­ where a satisfactory report of dis­ mittee determines (with approval of the mittee, with the approval of the State position of tobacco is not otherwise State executive director) that (1) the executive director, finds that it was furnished. error was not so gross as to place the agreed upon no later than April 1 of the (b) Notice to farm operator.. An of­ operator on notice thereof, and (2) that current year, and (2) the terms of the ficial notice of the effective farm acreage the operator, relying upon such notice lease, in writing, are filed with the county allotment and effective farm marketing and acting in good faith, planted tobacco committee no later than July 31 of the quota shall be mailed to the operator on the farm and was not notified of the current year. The approval herein re­ of each farm shown by the records of correct farm marketing quota prior to quired by the county committee shall the county committee to be entitled to planting the tobacco. Undermarketings not be redelegated. an allotment. The notice to the opera­ and overmarketings for farms for which (d) Marketing quota basis for lease tor of the farm shall constitute notice to the erroneous notice of marketing quota and transfer. Marketing quota, pound all persons who as operator, landlord, is applied shall be determined based on for pound, shall be the basis for lease and tenant, or sharecropper are interested the correct effective farm marketing transfer under the acreage-poundage m the farm for which the allotment is quota for the farm. program. The computed acreage for established. All such notices shall bear § 725.71 Application for review. pounds leased and transferred to a lessee the actual or facsimile signature of a farm (the sum of its own allotment and member of the county committee. The (a) If marketing quotas are in effect. the upward adjustment in acreage for facsimile signature may be affixed by Any producer who is dissatisfied with lease and transfer) shall not exceed 50 a county committeeman or an em­ the farm acreage allotment and farm per centum of the cropland acreage in ployee of the county office. Insofar marketing quota established for his the lessee farm. The maximum market­ as practical, all notices shall be mailed farm may, within 15 days after mailing ing quota that may be leased and trans­ in time to be received prior to the date of the official notice of the farm acreage ferred from a farm shall be limited to of any tobacco marketing quota referen­ allotment and marketing quota, file ap­ effective farm marketing quota for the dum. A copy of such notice containing plication in writing with the ASCS lessor farm. thereon the date of mailing or a printout county office to have such allotment and (e) Adjustment of acreage allotment. summary of such data shall be main­ quota reviewed by a review committee. The acreage allotment for a farm in­ tained for not less than 30 days in a The procedure governing the review of volved in a lease and transfer agree­ conspicuous place in the county office farm acreage allotments and marketing quotas is contained in Part 711 of this ment shall be adjusted as follows: and shall thereafter be kept available (1) The acreage allotment for the ior public inspection in the office of the chapter, which is available at the ASCS county office. lessee farm shall be adjusted upward ounty committee. A copy of the notice by the number of acres obtained by di­ i allotment and marketing quota cer- (b) If marketing quotas are not in viding the pounds leased and transferred “r? d .as .true and correct shall be fur- effect. Any producer who is dissatisfied to the farm by the current year’s iarm ?™ d^ thout charge to any person in- with the farm acreage allotment may re­ yield for the lessee farm. iniS5te? ?n the farm for which the al­ quest reconsideration of such allotment lotment is established. (2) The acreage allotment for the in accordance with Part 780 of this lessor farm shall be adjusted downward FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1090 RULES AND REGULATIONS by the number of acres obtained by di­ ment for the farm from which or to a farm in the current year shall be the viding the pounds leased and transferred which the marketing quota is leased is allotment after lease and transfer has from the farm by the current year’s yield to be reduced for a violation, the allot­ been made. For the following year, that for the lessor farm. ment reduction for such farm shall be part of the acreage allotment computed (f) Allotment acreage considered fully delayed until the following year. for pounds leased shall revert to the planted. For purpose of establishing al­ (m) Zero allotment and zero market­ farm .from which it was transferred. Not­ lotments for subsequent years, the to­ ing quota farms. If the effective farm withstanding the above, in the case of bacco acreage computed for pounds acreage allotment and effective farm division, the county committee may al­ leased and transferred from a lessor marketing quota for a farm for the cur­ locate, under Part 719 of this chapter, farm shall be considered to have been rent year are reduced to zero for viola­ the leased quota involved to the tracts planted on the lessor farm. tion of the tobacco marketing quota involved in the division as the farm (g) Marketing quota for a new farm. regulations, no marketing quota for Flue- operators interested in such tracts agree Marketing quota established for a new cured tobacco may be leased to such in writing. farm shall not be leased or transferred. farm for the current year. § 725.73 Determining tobacco history (h) Farms under long-term land use (n) Approval after review period. No acreages. programs. Transfer of an allotment and lease shall be approved by the county Tobacco history acreage shall be de­ quota to or from a farm covered by a committee for any farm involved in a termined for each farm for which a Conservation Reserve Program (CR) lease and transfer agreement until the tobacco farm acreage allotment has been contract, Cropland Adjustment Program time for filing an application for review, established for the current year. (CAP) agreement, or Cropland Conser­ as shown on the original notice for the (a) Farm acreage allotment fully pre­ vation Program (CCP) agreement shall farm, has expired. If an application for served. The farm acreage allotment is be subject to the following conditions: review is filed for a farm involved in a fully preserved as tobacco history acre­ (1) CR and CCP (1964-65). A lease lease and transfer agreement, such age for the current year if: and transfer of an allotment and quota agreement shall not be approved by the (1) In the current year or either of the may be approved to or from any farm county committee until the allotment 2 preceding years, (i) the sum of (a) under a CR contract or 1964-65 CCP for such farm is finally determined pur­ the final tobacco acreage as determined agreement. suant to Part 711 of this chapter. under Part 718 of this chapter, (b) the (2) CAP, and CCP (1966 and 1967). A (o) Marketing quota after lease and acreage computed for pounds leased and lease and transfer of an allotment and transfer approval. The acreage allot­ transferred from the farm under lease quota to or from a farm covered by a ment and marketing quota finally deter­ and transfer provisions, (c) acreage re­ CAP agreement or a 1966 CCP agree­ mined (after lease and transfer) for a duced because of insufficient cropland ment or 1967 CCP agreement shall not farm under the provisions of this section acreage, (d) and the acreage regarded be approved if the transferring or receiv­ shall be the allotment and marketing as planted to tobacco under the conser­ ing farm has the allotment crop base quota for such farm for the current year vation programs and practices deter­ designated under such program agree­ only for the purposes of determining (D mined pursuant to Part 719 of this chap­ ment. Any transfer of an allotment and excess acreage, (2) the amount of pen­ ter, was as much as 75 per centum of the quota hereunder shall be made subject alty to be collected on marketings of farm’s history allotment (basic allot­ to an appropriate adjustment in the excess tobacco, (3) eligibility for price ment minus acreage reduced for (a) rates of payment under such contract or support, (4) undermarketings and over­ overmarketings and (b) violation of agreement in accordance with instruc­ marketings, and (5) the amount of re­ marketing quota regulations), or (ii) the tions issued by the Deputy Administrator duction in allotment and quota for vio­ farm acreage allotment is or was in the but no adjustment shall be made in the lation of the tobacco marketing quota eminent domain allotment pool; or contract or agreement of the farm to regulations. The amount of reduction (2) The farm consists of federally which the allotment and quota are determined as applicable when the vio­ owned land for which a restrictive lease transferred. lation occurred shall be applied to the is in effect prohibiting the production of (i) Pooled allotments. Marketing quo­ allotment being reduced prior to any tobacco. tas established for allotments in a pool lease and transfer. (b) Computed history acreage. If the pursuant to Part 719, including allot­ (p) Dissolution of leasing agreement. farfo acreage allotment is not fully pre­ ments which have been released to the An agreement to lease and transfer may served as tobacco history acreage under county committee and reapportioned to be dissolved at the request of all parties paragraph (a) of this section, the to­ other farms, shall not be eligible for to the leasing agreement by so notifying bacco history acreage shall be the sum lease and transfer. the county committee in writing not of the acreage (not to exceed the farm (j) No subleasing. Any leased market­ later than April 1 of the current year, acreage allotment) as follows: ing quota shall not be subleased to an­ except that the dissolution of a lease (1) Final tobacco acreage." other farm. shall be effective if (1) the county com­ (2) Acreage computed for pounds (k) Revised notices. A revised notice mittee, with the approval of the State leased and transferred from the farm. (Form ASCS-375, Notice of Revised Acre­ executive director, finds that it was (3) Acreage reduced because of insuf­ age Allotment and Marketing Quota) agreed upon no later than April 1 of the ficient cropland acreage. showing the effective farm acreage allot­ current year, and (2) the terms of the (4) Acreage regarded as planted to ment and effective farm marketing quota dissolution, in writing, are filed with the tobacco under the conservation pro­ after lease and transfer shall be issued county committee no later than July 31 grams and practices. by the county committee to each of the of the current year. In such a case, an (c) Adjustment of tobacco history operators of all farms involved in the official notice of the effective farm acre­ acreage for abnormal weather or disease. lease and transfer agreement. age allotment and effective farm market­ If the county committee determines (l) Violations. If consideration of a ing quota, disregarding lease and trans­ (with the approval of a representative violation is pending which may result in fer, shall be issued by the county com­ of the State committee) that for any an allotment reduction for a farm for mittee to each of the operators involved year the sum of the final tobacco acre­ the current year, the county committee in the leasing agreement. If the request age, the acreage computed for pounds shall delay approval of any lease and to dissolve the lease is made after the leased and transferred from the farm transfer until the violation is cleared or applicable closing date, the acreage al­ under the lease and transfer provisions, the allotment reduction is made. How­ lotment and marketing quota resulting acreage reduced because of insufficient ever, if the allotment reduction in such a from the lease and transfer shall remain cropland acreage, and the acreage re­ case cannot be made effective for the in effect. garded as planted to tobacco under the current crop year before April 1, the lease (q) Reconstitutions after lease and conservation programs and practices is may be approved by the county commit­ transfer. Allotments for reconstituted less than 75 per centum of the farm acre­ tee. In any case, if, after a lease and farms shall be divided or combined in age allotment (after any reduction for transfer of a tobacco marketing quota accordance with £art 719 of this chap­ violation of the marketing quota regula­ has been approved by the county com­ ter. For this purpose, the farm acreage tions and adjustment for overmarket­ mittee, it is determined that the allot- allotment being divided or combined for ings) because of abnormal weather or

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 RULES AND REGULATIONS 1091 disease, the tobacco history acreage for for the current year if the sum of the (2) One or more of producers of to­ such year shall be adjusted to become feed grain base, total allotments, and bacco on the farm from which the the smaller of (1) the farm acreage al­ sugar proportionate shares exceeds the acreage is to be transferred will be a lotment, or C2) the sum of the (i) final cropland for the farm for the current bona fide producer engaged in the pro­ tobacco acreage for the farm, (ii) the year and the farm operator requests in duction of tobacco on the farm to which acreage computed for pounds leased and writing to reduce the tobacco allotment the acreage is to be transferred and will transferred from the farm, (iii) acreage in lieu of the feed grain base: Provided, share in the crop or in the proceeds of reduced because of insufficient cropland That such reduction shall not exceed the the tobacco. acreage, (iv) the acreage regarded as acreage by which the sum of the feed (e) Cancellation of transfers. If a planted to tobacco under the conserva­ grain base, total allotments, and sugar transfer is approved under this section tion programs and practices, and (v) if proportionate shares exceeds the crop­ and it is later determined that the con­ the farm operator makes a written re­ land for the farm : Provided further, That ditions in paragraph (d) of this sec­ quest of the county committee not later such reduction shall be effective for the tion have not been met, the county com­ than August 1 of the crop year involved, current year only. For purposes of estab­ mittee, State committee, or the Deputy the additional acreage which the county lishing future farm allotments, the acre­ Administrator may cancel such transfer. committee determines (with the ap­ age not planted under the farm allotment Action by the county committee to cancel proval of a representative of the State because of reduction under this para­ a transfer shall be subject to the ap­ committee) would have been included in graph shall be regarded as planted on the proval of the State committee or its the final acreage if the weather had farm. representative. been normal, or there had been no dis­ (f) Acreage history credits and eli­ ease. Any adjustment in tobacco history § 725.76 Transfer of tobacco farm acre­ gibility as an old tobacco farm. Any acreage because of abnormal weather or age allotment for farms affected by acreage transferred under this para­ disease shall not be considered as acre­ a natural disaster. graph shall be considered for the pur­ age devoted to tobacco in determining (a) Designation of counties affected by pose of determining future allotments to whether or not 75 percent of the farm a natural disaster. The Deputy Adminis­ have been planted to tobacco on the farm acreage allotment is planted. trator shall determine for any year begin­ from which such allotment is trans­ (d) Zero allotment farms. Any acreage ning with the 1970 crop, those counties ferred. planted to tobacco on a farm for which affected by a natural disaster (including (g) Closing dates. The closing date a farm acreage allotment of zero was but not limited to hurricane, rain, flash for filing applications for transfers with established shall not be credited with flood, hail, drought, and any other severe the county committee shall be July 15 any tobacco history acreage. weather) which prevents the timely of the current year. Notwithstanding (e) Allotments in eminent domain planting or replanting of any or all of such closing date requirement, the pool. The farm acreage allotments in the the tobacco acreage allotments for any county committee may accept applica­ eminent domain pool, as provided in farm in the county. The county commit­ tions filed after the closing date upon Part 719 of this chapter, shall be consid­ tee shall post in the county office a notice a determination by the county committee ered fully planted during the years in of any such determination affecting the that the failure to timely file an applica­ the pool, including any year in which the county and, to the extent practicable, tion was the result of conditions beyond pooled allotment is released by the dis­ shall give general publicity in the county the control of the applicant and a rep­ placed owner to the county committee to such determination. resentative of the State committee ap­ for reapportionment to other farms in (b) Application for transfer. The proves such determination. the county. The tobacco history acreage owner or operator of a farm in a county §§ 725.77—725.84 [Reserved] shall be the same as the pooled designated for any year under paragraph allotment. (a) of this section may file a written ap­ I dentification of T obacco, Marketing (f) All history acreage is restored his­ plication for transfer of tobacco acreage and Other D isposition of Tobacco, tory acreage. A farm shall be considered within the farm tobacco allotment for and P enalties to have no tobacco history acreage dur­ such year to another farm or farms in § 725.85 Identification of kinds o f ing the base period and shall not be con­ the same, county or in an adjoining tobacco. sidered an old farm if the only tobacco county in the same or another State if history acreage computed for the farm such acreage cannot be timely planted or (a) Similar tobacco. Any tobacco that during the base period consists of to­ replanted because of the natural disaster has similar appearance and growth bacco history acreage restored for re­ determined for such year. The applica­ characteristics while growing in a field duction of the farm acreage allotment tion shall be filed with the county com­ on a farm, or any cured tobacco that has for violation of the tobacco marketing mittee for the county in which the farm the same characteristics and correspond­ quota regulations. affected by such disaster is located. If ing qualities, colors and lengths, of Flue- (g) Tobacco history acreage for new the application involves a transfer to an cured tobacco shall be considered Flue- farms. The tobacco history acreage for adjoining county, the county committee cured tobacco without regard to any fac­ a farm for the year it received an allot­ for the adjoining- county shall be con­ tors of historical or geographical nature ment as a new farm shall be the same as sulted before action is taken by the which cannot be determined by exami­ the new farm allotment if as much as 75 county committee receiving the nation of the tobacco. percent of the allotment is planted in application. (b) Discovering and identifying simi­ such year. If less than 75 percent of the (c) Amount of transfer. The acreage lar tobacco. For the purpose of discover­ new farm allotment is planted, the to­ to be transferred shall not exceed the ing and identifying tobacco subject to bacco history acreage shall be the same smaller of (1) the farm allotment estab­ marketing quotas, the term “tobacco” as the planted acreage. No adjustment lished under this part less such acreage with respect to any farm located in an for abnormal weather or disease shall be planted to tobacco and not destroyed by area in which one or more of a kind and made in the tobacco history acreage for the natural disaster, or (2) the acreage type of tobacco classified in Service and a farm for the year it was a new farm. requested to be transferred. Regulatory Announcement No. 118 (Part 30 of this title) of the former Bureau of § 725.74 Transfer of farm marketing (d) County committee approval. The Agricultural Economics of the U.S. De­ quotas. county committee shall approve the partment of Agriculture, is normally There shall be no transfer of farm transfer if it finds that the following produced shall include all acreage of marketing quotas except as provided in conditions have been met: tobacco on a farm unless the county com­ §§ 725.72, 725.76, and Part 719 of this (1) All or part of the farm allotment mittee with the approval of the State chapter. . for the farm from which the acreage is committee (1) determines all or part of to be transferred could not be timely such acreage should not be considered § ^ Reduction in farm allotm planted or replanted because of the natu­ as Flue-cured tobacco under paragraph because of cropland limitation. ral disaster and planting was not pro­ (a) of this section, or (2) determines The allotment determined for any fa hibited by the lease in the case of lands from satisfactory proof furnished by the under these regulations may be redu< owned by the Federal Government. operator of the farm that a part or all of

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1092 RULES AND REGULATIONS the production of such acreage has been effective farm marketing quota shall be there are available for marketing from certified by the Consumer and Market­ issued to each such producer who it is the farm pounds of tobacco above the ing Service, U.S. Department of Agricul­ determined has been or likely will be de­ pounds considered as the effective farm ture, under the Tobacco Inspection Act prived of the opportunity to market his marketing quota under the proviso above, (7 U.S.C. 511), and regulations issued proportionate share of the crop and the data shown on the marketing card pursuant thereto, as a kind of tobacco another marketing card (or other cards shall be increased accordingly but not not subject to marketing quotas. if considered preferable by the county to exceed the pounds which were or would committee) shall be issued showing 110 have been computed under subparagraph § 725.86 Disposition of tobacco pro­ percent of the balance of the effective (1) of this paragraph. duced on excess acres. farm marketing quota to enable the (2) Where the farm operator requests Disposition of tobacco produced on other producers on the farm to market it, a supplemental marketing card bear­ excess acreage prior to harvest shall be their proportionate shares. The market­ ing the same name and identification as subject to the provisions of Part 718 of ing cards issued pursuant to this sub- shown on the original marketing card this chapter. paragraph shall reflect the proportionate may be issued for a farm upon return pounds, if any, already marketed by each to the county office of an original mar­ § 725.87 Issuance of marketing cards. producer. keting card or a supplemental marketing (a) General. (1) A marketing card (b) Person authorized to issue mar­ card. The pounds computed as 10 per­ (MQ-76) shall be issued for the current keting cards. The county executive cent of the effective farm marketing marketing year for each farm having director shall be responsible for the quota shall be entered in the spaces pro­ tobacco available for marketing. Cards issuance of marketing cards. vided on reverse side of the marketing shall be issued in the name of the farm (c) Rights of producers and succes­ card and the balance of 110 percent of operator except that (i) cards issued for sors-in-interest. (1) Each producer hav­ quota from prior marketing card shall tobacco grown for experimental purposes ing a share in the tobacco available for be shown in the first space on the card. only shall be issued in the name of the marketing from a farm shall be entitled (3) Two or more marketing cards may experiment station, and (ii) cards issued to the use of the marketing card for be issued for a farm if the farm operator to a successor-in-interest shall be issued marketing his proportionate share. so requests in writing and specifies in in the name of the successor-in-interest. (2) Any person who succeeds, other writing the number of pounds to be The face of the marketing card may than as a dealer, in whole or in part to assigned to each card. In such cases, (i) show the name of other interested pro­ the share of a producer in the tobacco each marketing card shall show 10 per­ ducers. For cards issued in North Caro­ available for marketing from a farm, cent of the assigned quota in the space lina, South Carolina, and Virginia, the shall, to the extent of such succession, “10 percent of quota”, and (ii) each mar­ card shall show the harvested acreage have the same rights to the use of the keting card shall show the assigned quota on the face of the card. A marketing card marketing card and bear the same lia­ plus 10 percent of such assigned quota in may be issued in the name of a producer bility for penalties as the original the space “110 percent of quota”. who is not the farm operator if the producer. (4) If, when authorized under Part county committee determines pursuant (d) Farms not eligible for price sup­ 1421 of this title, a producer requests and to the procedure in subparagraph (2) of port. The marketing card issued for a obtains from the county committee an this paragraph that such producer has farm shall have the notation “No Price interim advance of CCC funds on part been or likely will be .deprived of the Support” where either of the following or all of his Flue-cured tobacco crop right to use the marketing card issued conditions exist: prior to marketing thereof, the estimated for the farm to market his proportionate (1) The farm is determined not to be quantity of tobacco upon which the share of the crop. in compliance with the tobacco allotment interim advance was made shall be (2) If the county committee has therefor under the provisions of Part entered in parentheses on the reverse reason to believe that one or more pro­ 718 of this chapter. side of the marketing card in the space ducers on the farm have been or likely (2) Tobacco is produced on land for recording sales. Any poundage will be deprived of the right to use such owned by the Federal Government in balance of the “110 percent of quota” marketing card to market his or their violation of a lease restricting the pro­ data shall be entered below the estimated proportionate shares of the crop, a hear­ duction of tobacco, even though the al­ pounds upon which an interim advance ing shall be scheduled by the county lotment for the farm is not exceeded. was made. committee and the operator of the farm (e) Cards for tobacco grown by pub­ (g) Marketing cards for producers of and the producer or producers involved licly owned experiment stations. A mar­ registered or certified Flue-cured tobacco shall be invited to be present, or to be keting card shall be issued to identify seed. Any producer of registered or certi­ represented, at which time they shall be tobacco grown for experimental purposes fied Flde-cured tobacco seed may devote given the opportunity to substantiate by or for publicly owned experiment Flue-cured tobacco acreage to seed pro­ their claims concerning the use of the stations. duction without such tobacco being farm marketing card to market each (f) Farm quota data entered on mar­ charged against the farm’s allotment, such producer’s proportionate share of keting card and supplemental card. (1) affecting the farm’s eligibility for price the effective farm marketing quota for Any marketing card issued to market support or affecting the farm’s status such crop. At least two members of the tobacco shall show when issued, in the in determining marketing penalties. A county committee shall be present at the spaces provided on the reverse side, (i) marketing card may be issued for a farm hearing. The hearing shall be held at the the pounds computed by multiplying 10 without regard to the tobacco acreage time and place named in the notice. A percent times the effective farm market­ which is being produced for seed pur­ summary of the evidence presented at ing quota, and (ii) the pounds computed poses if an agreement is signed by the the hearing shall be prepared for use of by multiplying 110 percent times the farm operator, and the producer if dif­ the county committee. If the farm oper­ effective farm marketing quota: Provid­ ferent from the operator, which provides: ator or other producer(s) on the farm ed, That if the tobacco available for mar­ (1) For the destruction of all tobacco do not attend the hearing, or are not keting from the farm is determined by produced on the acreage designated for represented, the county committee may the county committee or the county office seed production and that no tobacco pro­ take whatever action it deems proper on manager to be less than the effective farm duced on such acreage will be harvested. the basis of information available to it. marketing quota, the pounds determined to be available for marketing, for pur­ (2) (i) For paying the cost of com­ If the county committee finds that any pliance visits to a farm by representa­ producer on the farm has been or likely poses of issuing a marketing card and tives of the county committee under will be deprived of the right to use the showing thereon the farm’s 10 percent Part 718 of this chapter in connection marketing card issued for the farm to and 110 percent of quota data, be con­ with the determination of the acreage market his proportionate share of the sidered the effective farm marketing designated for seed production. During crop, the marketing card issued for the quota for the farm: Provided further, the first compliance visit to the farm the farm shall be recalled and a separate That if any producer on the farm shows marketing card, showing 110 percent of to the satisfaction of the county commit­ acreage designated for seed production the producer’s proportionate share of tee or county executive director that shall be determined and staked off.

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 RULES AND REGULATIONS 1 0 9 f (ii) The producer(s) signing the agree­marketing card shall be issued to replace warehouseman or dealer to determine ment shall agree to timely notify the a card which has been determined by the whether the amount of penalty shown county office when the tobacco seed has county executive director who issued the to be due has been correctly computed. been harvested so that arrangements card to have been lost, destroyed, or Such warehouseman or dealer shall not can be made for a representative of the stolen. be relieved of any liability for the amount county committee to determine that no of penalty due because of any error which acreage designated for seed production § 725.89 Invalid cards. may occur in computing the penalty and has been harvested and to witness de­ (a) Reasons for being invalid. A mar­ recording the sale. struction of the tobacco leaves. keting card shall be invalid under any (c) Check register. The serial number (3) That the planting of the tobacco one of the following conditions: of the tobacco sale bill(s) shall be re­ acreage for seed production will not (1) It is not issued or delivered in the corded by the warehouseman on the create history acreage for the purpose of form and manner prescribed. check register or check stub for the check establishing future farm allotments. (2) Any entry is omitted or is in­ written covering the auction sale of (4) That if the county committee de­ correct. tobacco by a producer. termines that any of the terms and con­ (3) It is lost, destroyed, stolen, or be­ (d) Identification of dealer marketings ditions of the agreement have been vio­ comes illegible. of resale tobacco. Each auction and non­ lated or any material misrepresentation (4) Any erasure or alteration has been auction marketing of resale tobacco in in connection with the agreement has made and not properly initialed by the the current year shall be identified by been made, any marketing card issued county executive director or a market­ a dealer identification card, Form MQ- for the farm in recognition of the agree­ ing recorder. 79-2, issued to the dealer. ment shall be recalled and canceled, and (b) Validating invalid cards. If any (e) Separate display on auction ware­ a marketing card shall be issued to re­ entry is not made on a marketing card house floor. Any warehouseman upon flect all the tobacco produced on the as required, either through omission or whose floor more than one kind of to­ farm and that the tobacco produced on incorrect entry, and the proper entry is bacco is offered for sale at public auction the farm is not eligible for price support. made and initialed by the county exec­ shall for each different kind of tobacco: § 725.88 Claim stamping and replacing utive director who issued the card, or by (1) Display it in separate areas on the marketing cards. a marketing recorder, then such card auction warehouse floor. shall become valid. (2) Identify each basket by a distin- (a) Stamping to show claims. (1) If (c) Returning invalid cards. In the guishably different basket ticket clearly any producer on a farm is indebted to event any marketing card becomes in­ showing the kind of tobacco. the United States and such indebtedness valid (other than by loss, destruction, or (3) Make and keep records that will is listed on the county debt record, the theft, or by omission, alteration, or in­ insure a separate accounting and report­ face of the marketing card issued for correct entry, which has not been cor­ ing of each of such kinds of tobacco sold the farm shall bear the notation “U.S. rected by the county executive director at auction over the warehouse floor. Claim” followed by the amount of in­ who issued the card, or by a marketing (f) Cross-reference of tobacco sale bill debtedness. The name of the indebted recorder), the farm operator, or the per­ number to prior tobacco sale bill cover­ producer, if different from the farm op­ son having the card in his possession, ing tobacco identified by the same mar­ erator, shall be recorded directly under shall return it to the county office at keting card to be sold the same day. Each the claim notation. A notation showing which it was issued. warehouseman shall for each lot of to­ indebtedness to the United States shall § 725.90 Misuse of marketing card. bacco weighed in on his floor for sale constitute notice to any warehouseman the same day cross-reference the tobacco or loan organization that, subject to prior Any information which causes a mar­ sale bill to each prior tobacco sale bill liens, the net proceeds from any price keting recorder, a member of a State, for tobacco identified by the same mar­ support loan due the debtor shall be paid county, or community committee, or an keting card. To accomplish the cross- to the United States to the extent of the employee of the State or county office to reference, each other tobacco sale bill indebtedness shown. The acceptance and believe that any tobacco which actually number shall be entered by the ware­ use of a marketing card bearing a notice was produced on one farm has been or is houseman in the “Remarks” space on and information of indebtedness to the being marketed under the marketing the tobacco sale bill, on all copies, at the United States shall not constitute a card issued for another farm, shall be time he weighs in the tobacco at the waiver by the producer of any right reported immediately by such person to warehouse. to contest the validity of such indebted­ the county or State office. ness by appropriate administrative ap­ (g) Identification of returned first sale peal or legal action and the producer § 725.91 Identification of marketings. (producer) tobacco. When resold at auc­ may reject price support from which (a) Identification of producer market­ tion, tobacco which has been previously such indebtedness would be deductible. ings. Each auction and nonauction mar­ sold and returned to the warehouse by As claim collections are made, the keting of tobacco from a farm in the the buyer is resale tobacco. When such amount of the claim shown on the card current year shall be identified by a mar­ tobacco is resold by the warehouseman, shall be revised to show the claim bal­ keting card, Form MQ-76, issued for the it shall be identified as leaf account ance, and the tobacco sale bill shall show farm. The reverse side of the marketing resale tobacco. the amount collected. A claim free mar­ card shall show in pounds (1) 10 percent § 725.92 Rate of penalty. keting card shall be issued when the of quota, (2) 110 percent of quota, (3) claim has been paid. (a) Basic rate. The basic penalty rate balance of 110 percent of quota after shall be equal to seventy-five (75%) per­ (2) Any marketing card may beeach sale, and (4) date of sale. Each pro­ cent of the average market price for the marked for the purpose of notifying ducer sale at auction, shall be recorded immediately preceding marketing year warehousemen or loan organizations on a Form MQ-72-1, Report of Tobacco as determined by the Crop Reporting that the tobacco being marketed pur­ Auction Sale, and each producer sale Board, Statistical Reporting Service, suant to such card is subject to a lien at nonauction shall be recorded on Form held by the United States. MQ-72-2, Report of Tobacco Nonauction U.S. Department of Agriculture. The Jb) Replacing, exchanging, or issuing Purchase. For producer sales at non­ rate of penalty will be determined for additional marketing cards. Subject to each marketing year and announced by auction, the dealer purchaser shall ex­ the regulations in this subpart or amend­ the approval of the county executive di­ ecute Form MQ-72-2 and shall enter the ment thereto. rector, two or more marketing cards may data on MQ-76. For producer sales at oe issued for any farm. Upon the return Ob) Average market price. Will be sup­ auction, Form MQ-72-1 and Form MQ- plied by amendment. t°the county office of a marketing card 76 shall be executed only by the ASCS which has been used in its entirety and marketing recorder. (c) Rate of penalty per pound. Will be oefore the marketing of tobacco from the (b) Verification of penalty by ware­ supplied by amendment. iarm has been completed, a new market- housemen or dealers. Each sale of tobacco § 725.93 Persons to pay penalty. mg card bearing the same name, infor­ by a producer which is subject to penalty The persons to pay the penalty due mation, and identification as the used and which has been recorded by a mar­ on any marketing of tobacco subject to card shall be issued for the farm. A new keting recorder shall be verified by a penalty shall be determined as follows:

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1094 RULES AND REGULATIONS (a) Auction sale. The penalty due on producers’ sales where untied tobacco is § 725.95 Producers penalties; false marketings by a producer through an presheeted in standardized sheets of bur­ identification; failure to account; auction sale shall be paid by the ware­ lap for marketing. canceled allotments; overmarketing houseman who may deduct an amount (d) Dealer’s tobacco—(1) Excess resale proportionate share. equivalent to the penalty from the price rule for mixed reporting of data. If dur­ (a) Penalties for false identification or paid to the producer. ing any marketing year a warehouseman failure to account. If any producer falsely (b) Nonauction sale. The penalty due or a dealer has transactions in more than identifies or fails to account for the dis­ on tobacco acquired directly from a pro­ one kind of tobacco and his reports of position of any tobacco produced on a ducer, other than at an auction sale, marketings result in excess resales, pen­ farm, penalty at the full rate shall be shall be paid by the person acquiring the alty on such excess resales shall be due due on the larger of: (1) The actual tobacco who may deduct an amount from such dealer at the highest rate of marketings above 110 percent of the ef­ equivalent to the penalty from the price penalty applicable to any kind of tobac­ fective farm marketing quota, or (2) the paid to the producer in the case of a co reported or due to be reported under amount of tobacco equal to 25 percent of sale. these regulations. the effective farm marketing quota plus (c) Marketings outside the United (2) Excess resales above purchases.the amount determined by multiplying States. The penalty due on marketings The part or all of any marketing of to- the farm yield times the number of acres by a producer directly to any person out­ baccco by a dealer which such dealer harvested in excess of the farm acreage side the United States shall be paid by represents to be a resale, which, when allotment. the producer. added to prior resales by such dealer (b) Canceled allotment. If part or all (as shown or due to be shown on Form of the tobacco produced on a farm has § 725.94 Penalties considered to be due MQ-79), is in excess of his total prior been marketed and the allotment for from warehousemen, dealers, buyers, purchases (as shown or due to be shown the farm is canceled, any penalty due and others excluding the producer. on such Form MQ-79) shall be consid­ on the marketings shall be paid by the Any marketings of tobacco under any ered to be a marketing of excess tobacco. producers. one of the following conditions shall be The penalty thereon shall be paid by (c) Overmarketing proportionate considered to be a marketing of excess the dealer. share of effective farm marketing quota. tobacco. (i) During the auction marketing sea­ If the county committee determines that (a) Auction sale unthout marketing son, the penalty due from the dealer the farm operator or another producer card. Any first marketing of tobacco at shall be withheld by the warehouseman on the farm has marketed more than an auction sale by a producer which is from the proceeds due the dealer and 110 percent of his proportionate share of not identified by a valid marketing card immediately transmitted by the ware­ the effective farm marketing quota with at the time of marketing shall be con­ houseman to a marketing recorder. intent to deprive some other producer sidered to be a marketing of excess (ii) Penalty due from a dealer which on the farm from marketing his propor­ tobacco and the penalty thereon was not withheld by a warehouseman tionate share of the same crop of tobacco, shall be collected and remitted by the under subdivision (i) of this subpara­ such operator or other producer shall warehouseman. graph shall be remitted weekly by him be liable for marketing penalties at the (b) Nonauction sale. Any nonauction to the State office with his reports on full rate per pound for each pound sale of tobacco which: Form MQ-79. marketed above 110 percent of his pro­ (1) is not identified by a valid mar­ (e) Resales not reported. Any resale portionate share of the effective farm keting card and recorded at the time of tobacco which is required to be re­ marketing quota: Provided, That the sum of purchase on MQ-79, Dealer’s Report; ported by a warehouseman or dealer, but of such penalties shall not exceed the or, which is not so reported within the time total penalty due on total marketings and in the manner required, shall be above 110 percent of the effective farm (2) if purchased prior to the opening marketing quota for the farm on which of the local auction market for the cur­ considered to be a marketing of excess rent year, is not identified by a valid tobacco, unless and until such ware­ such tobacco was produced. Before as­ marketing card and recorded on MQ-79 houseman or dealer furnishes a report of sessment of penalty pursuant to this not later than the end of the calendar such resale which is acceptable to the paragraph (c), a hearing shall be sched­ week which includes the first sale day State executive director. The penalty uled by the county committee and the of the local auction markets, shall be thereon shall be paid by the warehouse­ operator and affected producers shall be considered a marketing of excess tobacco. man or dealer who fails to make the invited to be present, or to be rep­ report as required. resented, to determine whether the The penalty thereon shall be collected operator or another producer on the farm by the purchaser of such tobacco, and (f) Marketings falsely identified by a person other than the producer. If any has marketed more than 110 percent of remitted with MQ-79. his proportionate share of the effective (c) Leaf account tobacco. If part or all marketing of tobacco by a person other than the producer is identified by a mar­ farm marketing quota. The notice of the of any marketing of leaf account tobacco hearing shall request the farm operator (including tobacco from the buyers cor­ keting card other than the marketing card issued for the farm on which and affected producers to bring to the rections account), when added to prior hearing floor sheets and other relevant leaf account resales, is in excess of prior such tobacco was produced, such market­ ing shall be presumed, subject to rebut­ supporting documents. At least two mem­ leaf account purchases, such marketing bers of the 'county committee shall be shall be considered to be a marketing tal, to be a marketing of excess tobacco. The penalty thereon shall be paid by such present at the hearing. The hearing shall of excess tobacco unless and until such be held at the time and place named in warehouseman furnishes proof accept­ person. (g) Carryover tobacco. Any tobacco on the notice and any action taken to im­ able to the State committee showing that pose penalty shall be taken after the such marketing is not a marketing of hand and reported or due to be reported hearing. If the farm operator or other excess tobacco. The actual quantity of under § 725.99(g) (14) for warehousemen affected producer does not attend the floor sweepings which the State execu­ and § 725.100(c)(4) for dealers shall be hearing, or is not represented, the county tive director determines have been prop­ included as a resale in determining committee may take whatever action it erly identified as floor sweepings and whether an account has excess resales. deems necessary to assess penalty against sold and reported as such by the ware­ Unless the warehouseman furnishes the proper producers. If a hearing under houseman shall be considered acceptable proof acceptable to the State committee § 725.87(a) is being held, and it is prac­ proof that such marketings are not mar­ and unless the dealer furnishes proof ticable to do so, such hearing and the ketings of excess tobacco if the amount acceptable to the State executive direc­ hearing under this paragraph may be thereof for the warehouse does not ex­ tor, showing that such account does not combined. ceed the floor sweepings for the season represent excess tobacco, penalty at the (d) Penalties not to be assessed. If the of: (1) 0.17 percent of producers’ sales full rate shall be paid thereon by such farm operator or another producer on of tied tobacco, and (2) 0.50 percent of warehouseman or dealer. the farm markets a quality of tobacco

FEDERAL REGISTER, VO L 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 RULES AND REGULATIONS 1095

above 110 percent of the effective mar­ the amount of such penalty which is in (1) Name and address of the publicly keting quota for the farm and such over­ excess of the amount required to be paid. owned agricultural experimental station. age is found to have been caused by the Such request shall be filed on Form MQ- (2) Name of the owner, and name of failure to record, or improper recording 85, Farm Record and Account, with the the operator if different from the owner, of tobacco poundage data on the mar­ county office within 2 years after the of each farm on which tobacco is grown keting card, that amount of the penalty payment of the penalty. Approval of re­ for experimental purposes only. as was due to such failure to record or turn of penalty to producers shall be by (3) The amount of acreage of tobacco improper recording will not be required the county committee, subject to the ap­ grown on each farm for experimental to be paid by the farm operator or other proval of the State executive director. purposes only. producer if: (1) For amounts of $10 or (4) A certification signed by the Di­ less the county committee, with the ap­ R ecords and R eports rector of the publicly owned agricultural proval of the State committee, and (2) § 725.98 Producers’ records and reports. experiment station to the effect that for amounts above $10 the comity com­ (a) Failure to file reports or filing such acreage of tobacco was grown on mittee, with the approval of the State each farm for experimental purposes committee and the Deputy Administra­ false reports. If any producer on a farm only, the tobacco was grown under his tor, determines that each of the follow­ files an incomplete or incorrect report, direction, and the acreage on each plot ing conditions is applicable: (i) The fails to file a report, or files or aids or was considered necessary for carrying failure to record or incorrect recording acquiesces in the filing of any false re­ out the experiment. resulted from action or inaction of a port with respect to (1) the acreage of (c) Harvesting second crop tobacco marketing recorder or another ASCS em­ tobacco grown on the farm or (2) the from the same acreage. If, in the same ployee, (ii) such faliure or error was not amount of tobacco produced on or mar­ calendar year more than one crop of so large as to place the farm operator on keted from the farm, the tobacco allot­ tobacco was grown from (1) the same notice of the failure or error, and (iii) ment next established for any such farm tobacco plants, or (2) different tobacco the producer relied in good faith on the shall be reduced, except that such re­ plants, and is harvested for marketing erroneous entries on the card resulting duction for any such farm shall not be from the same acreage of a farm, the from such failure or error. Overmarket­ made if it is established to the satisfac­ acreage allotment next established for ings for a farm for which the market­ tion of the county and State committees such farm shall be reduced by an amount ing penalty will not be required to be that (i) the failure to file, filing of, or equivalent to the acreage from which paid pursuant to the provisions of this aiding or acquiescing in the filing of, such more than one crop of tobacco was so paragraph (d) shall be determined based report was not intentional on the part grown and harvested. upon the correct effective farm marketing of any producer on the farm and that no (d) Cancellation of new farm allot­ quota and correct actual marketings of producer on the farm could reasonably ment. Any new farm allotment approved tobacco from the farm. have been expected to know that the re­ port was false: Provided, That the fail­ under this subpart which was determined § 725.96 P aym ent o f penalty. by the county committee on the basis of ure to file or the filing of or aiding or ac­ incorrect information knowingly fur­ (a) Date due. Penalties shall become quiescing in the filing of the report will nished the county committee by the ap­ due at the time the tobacco is marketed, be construed as intentional unless a cor­ plicant for the new farm allotment shall except that in the case of false identifi­ rect report is filed and any penalty is be cancelled by the county committee as cation or failure to account for disposi­ paid in full, or (ii) no person connected of the date the allotment was established. tion of tobacco, the penalty shall be due with the farm for the year for which the (e) False identification. If tobacco on the date of such false identification allotment is being established caused, was marketed or was permitted to be or failure to account for disposition. The aided, or acquiesced in the filing of the marketed in any marketing year as hav­ penalty shall be paid by remitting the false report or failure to file a report. If ing been produced on the acreage allot­ amount due to the ASCS State office not a farm operator in a certification county ment for any farm which, in fact, was later than the end of the calendar week (as defined in Part 718 of this chapter) produced on a different farm, the acre­ in which the tobacco becomes subject to files a certification of tobacco acreage on age allotments next established for both penalty. A draft, money order, or check the farm and, after a farm visit and such farms and kind of tobacco shall be drawn payable to the Agricultural Sta­ measurement of the acreage, it is deter­ reduced, except that such reduction for bilization and Conservation Service may mined by the county committee (with ap­ any such farm shall not be made if it is be used to pay any penalty, but any such proval of the State committee) that the established to the satisfaction of the draft or check shall be received subject certification was false (either under cer­ county and State committees that (1) to payment at par. tification or over certification) in what no person on such farm intentionally (b) Auction sale—net proceeds. If the amounts to a scheme or device to defeat participated in such marketing or could penalty due on any auction sale of to­ the purpose of the program, the allot­ have reasonably been expected to have bacco by a producer is in excess of the ment next established for the farm shall prevented such marketing: Provided, net proceeds of such sale (gross amount be reduced. If the conditions in subdi­ That the marketing shall be construed for all lots included in the sale less usual visions (i) and (ii) of this paragraph are as intentional, unless all tobacco from warehouse charges), the amount of the not applicable, the next established al­ the farm is accounted for and payment net proceeds accompanied by a copy of lotment shall be reduced by the pounds of all additional penalty is made, or (2) the warehouse bill covering such sale computed as follows: The acreage falsely no person connected with such farm for inay be remitted as the full penalty due. certified (difference between certified the year for which the allotment is usual warehouse charges shall not in­ and measured acreage) shall, for the being established caused, aided, or clude (l) advances to producers, (2) year of the violation, be multiplied by acquiesced in such marketing. charges for hauling, or (3) any other the farm’s actual yield. Such method of (f) Report on marketing card. The charges^ not usually incurred by pro­ determining the amount of allotment re­ operator of each farm on which tobacco ducers in marketing tobacco through a duction also is provided for in paragraph is produced shall return to the ASCS warehouse. (h) of this section. county office each marketing card issued (c) Nonauction sale. Nonauction sales (b) Report of tobacco grown for ex­ for the farm whenever marketings from of excess tobacco shall be subject to the perimental purposes. For farms on which the farm are completed, and, in no event, lull rate of penalty and shall be paid in tobacco is being grown for experimental later than 20 days, in the year of issu­ lull even though the penalty may exceed purposes only, the director of a publicly ance of the card, after the close of the the proceeds for the sale of tobacco. owned agricultural experiment station tobacco auction markets for the locality § 725.97 Request for return of penalty. shall furnish the State ASCS office, prior in which the farm is located. Failure to Any producer of tobacco and any other to the beginning of the harvesting of return the marketing card within 15 tobacco from any farm on which ex­ days after written request by certified person who bore the burden of the pay- mail from the county executive director ment °f any penalty after the marketing perimental tobacco is being grown, a shall constitute failure to account for ■fv tobacco available for marketing report for each current year showing the disposition of all tobacco marketed from om the farm may request the return of following information: the farm unless disposition of tobacco

No. 19----- 3 FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1096 RULES AND REGULATIONS marketed from the farm is otherwise additional penalty is made, or (ii) no violation is combined with another farm accounted for to the satisfaction of the person connected with such farm for the prior to the reduction, the reduction county committee. Upon failure to satis­ year for which the allotment is being shall be applied as heretofore provided factorily account to the county commit­ established caused, aided, or acquiesced in this section to that portion of the tee for disposition of Flue-cured tobacco in the failure to furnish such proof. allotment for which a reduction is marketed from the farm the allotment (h) Amount of allotment reduction.required. next established for such farm shall be The amount of reduction in the allot­ (j) Allotment reduction for divided reduced, except that such reduction for ment for the current year for a viola­ farms. If the farm involved in the viola­ any such farm shall not be made if it is tion described in paragraph (a), (e), tion has been divided prior to the reduc­ established to the satisfaction of the (f), or (g) of this section shall be that tion, the reduction shall be applied as county committee and a representative percentage which the amount of tobacco heretofore provided in this section to of the State committee, that (1) the involved in the violation is of the re­ the allotments for the divided farms failure to furnish such proof of disposi­ spective farm marketing quota for the required to be reduced. Allotment reduc­ tion was unintentional and no producer farm for the year in which the viola­ tions are applicable, except under para­ on such farm could reasonably have been tion occurred. Such percentage shall graph (c) of this section, unless the expected to furnish such proof of disposi­ then be applied after application of the violating producer has no interest in the tion: Provided, That such failure will national factor to the preliminary allot­ current tobacco crop. be construed as intentional unless such ment, but before adjusting for over or (k) Quota reduction. If an acreage proof of disposition is furnished and pay­ undermarketings. Where the amount of allotment reduction is made under this ment of all additional penalty is made; tobacco involved in the violation(s) section, the farm marketing quota shall or (2) no person connected with such equals or exceeds the amount of the be reduced to reflect such reduction in farm for the year for which the allot­ farm marketing quota, the amount of an amount determined by multiplying ment is being established, caused, aided, reduction shall be 100 percent and no the acreage reduction by the farm yield. or acquiesced in the failure to furnish deduction will be made in subsequent (l) Unauthorized erasure on market­ such proof. years for the violation(s). The quantity ing card. Any unauthorized erasure of (g) Report of production and disposi­of tobacco in violation shall be the any information or data on a marketing tion. In addition to any other reports amount of tobacco as determined by the card shall be considered a violation and which may be required by this subpart, county committee. If the actual quantity may, subject to rebuttal, be cause for an the operator on each farm or any of tobacco is known, such quantity shall allotment reduction and assessment of producer on the farm (even though the be determined by the county committee marketing quota penalty. harvested acreage does not exceed the to be the amount of tobacco involved in (m) County administrative hearings acreage allotment or even though the violation. If the actual quantity of in connection with violations. Except for no allotment was established for the tobacco is not known, the county com­ the failure to return a marketing card farm) shall, upon written request by mittee shall determine the quantity in to the county office, the allotment for certified mail from the State executive violation in the following manner: The any farm shall not be reduced for a director, within 15 days after deposit of yield per acre and the total production violation under this section until after such request in the U.S. mail, addressed of tobacco on the farm shall be deter­ the operator of the farm has been noti­ to such person at his last known ad­ mined by taking into consideration the fied in writing by the county executive dress, furnish the Secretary on MQ—108, condition of the crop during production, director of the time and place of a hear­ Report of Production and Disposition, a if known, and the actual yield per acre ing to determine the nature and extent written report of the acreage, produc­ of tobacco on other farms in the locality of the violation. The notice of the hear­ tion, and disposition of all tobacco pro­ on which the soil and other physical ing shall request the farm operator to duced on the farm by sending the same factors affecting the production of bring to the hearing warehouse bills to the State ASCS office showing, as to tobacco are similar: Provided, That the (floor sheets) and other relevant sup­ the farm at the time of filing such re­ determination of the total production of porting documents. At least two members tobacco on the farm shall not exceed the of the county committee shall be present port, (1) the number of fields (patches at the hearing. The hearing shall be held or areas) from which tobacco was har­ harvested acreage of tobacco on the farm multiplied by the average actual at the time and place named in the notice vested from the farm, (2) the total and any action taken on the violation pounds of tobacco produced, (3) the yield on farms in the locality on which amount of tobacco on hand and its loca­ the soil and other physical factors shall be taken after the hearing. If the affecting the production of tobacco are farm operator does not attend the hear­ tion, (4) as to each lot of tobacco mar­ ing or is not represented, the county keted, the name and address of the similar. The yield per acre as so deter­ warehouseman, dealer, or other person mined by the county committee shall be committee may take whatever action it deemed to be the actual production per deems proper, to or through whom such tobacco was (n) Sequence of allotment reduction marketed and the number of pounds acre. Where the actual quantity of tobacco produced cn acreage not in­ where the farm allotment is to be re­ marketed, the gross price paid and the duced because of a violation and over­ date of the marketings, and (5) the cluded in a report of acreage is not known, such quantity shall be deter­ marketings. If the tobacco allotment for complete details as to any tobacco dis­ a farm is to be reduced in the current posed of other than by sale. Failure to mined by the county committee to be the quantity resulting from multiplying year because of both (1) a violation and file the MQ-108 as requested, the filing (2) overmarketings in a prior year, the of a false MQ-108, or the filing of an the yield per acre for the farm, deter­ reduction in the allotment for the viola­ MQ-108 which is found by the State mined as aforesaid, by the acreage not shown on a report of acreage. Where the tion shall be made before making the committee to be incomplete or incor­ reduction for overmarketings. rect, shall constitute failure of the pro­ amount of tobacco produced on or mar­ ducer to account for disposition of keted from a farm is not known, such (o) Correction of farm production rec­ tobacco produced on the farm and the quantities shall be determined by the ords. Where farm data for actual mar­ allotment next established for such farm county committee to be the quantity of ketings is determined to be incorrect shall be reduced, except that such re­ tobacco remaining after deducting from because of a violation, the records shall duction for any such farm shall not be the total production on the farm, as be corrected for each farm on which the made if it is established to the satis­ determined aforesaid, the quantity of to­ tobacco was produced, and for each farm faction of the county and State commit­ bacco for which proof of production and whose card was used to identify mar­ tees that (i) failure to furnish such marketing has been furnished. The acre­ ketings. proof of disposition was unintentional age reductions required under this sec­ (p) Report on Form MQ-92, Estimate and no producer on such farm could rea­ tion shall be in addition to any other of Production. In order to provide a basis sonably have been expected to furnish adjustments made under these regula­ for a determination under the first pro­ such proof of disposition: Provided, That tions and any amendments thereto later viso in § 725.87(f) (1) and as an aid to such failure will be construed as inten­ issued. discouraging, thwarting, and discovering tional and unless such proof of disposi­ (i) Allotment reductions for com­violations by producers and to enforcing tion is furnished and payment of all bined farms. If the farm involved in the the provisions of the Flue-cured tobacco

FEDERAL REGISTER, VO L 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 RULES AND REGULATIONS 1097 marketing quota program, an estimate of (4) Tobacco sale bill and Daily Ware­ space for farmers shall maintain records production, Form MQ-92, shall be pre­ house Sales Summary. Each warehouse­ which will enable him to furnish the pared immediately prior to harvest for man shall use tobacco sales bills fur­ State ASCS office the name of the farm each farm (1) producing discount variety nished at his expense showing, as a operator and the approximate amount of tobacco, (2) for which there is an indi­ minimum, the following information: scrap tobacco obtained from each farm cation of a substantial or total tobacco (i) Tobacco sale bill number; resulting from providing such space. crop loss, (3) having a producer thereon (ii) Registration number assigned the (7) Labeling resales on tobacco sale who is a past violator of the tobacco pro­ warehouse by the Department; bill. In the case of resales for dealers, gram, (4) where there is an indicated (iii) Name and address of warehouse the name of the dealer making each re­ substantial discrepancy between the where sale is held; sale, and in the case of resales for the farmer’s certified acreage shown on (iv) Identification of other producers warehouse, the word “Resale” shall be ASCS-580 and the acreage measured by having an interest in the tobacco; clearly shown on each tobacco sale bill ASCS during a farm control check, (5) (v) Check block to show whether the covering such tobacco. having carryover tobacco and no current tobacco is tied or untied; (b) Identification of producer sales of crop tobacco, or (6) for which the county (vi) Date of sale; tobacco—tobacco sale bill. The State and or State ASC committee or a repre­ (vii) Number of pounds in each basket county codes and the farm serial num­ sentative of the county or State com­ or sheet; ber on the marketing card identifying mittee believes that an MQ-92 for the (viii) Name and address of seller and the tobacco to be marketed at auction farm would be in the best interests of (a) farm number (including State and shall be recorded by the warehouseman the program. county codes) for producer tobacco, and on the tobacco sale bill at the time the § 725.99 Warehouseman’s records and (b) dealer registration number for resale tobacco is weighed in and the warehouse­ reports. tobacco; man shall retain the marketing card (a) Record of marketing—(1) Auction (ix) Identification number, if avail­ where tobacco is to be sold at auction sale. Each warehouseman shall keep such able, for each basket or sheet of tobacco only until the producer has been paid records as will enable him to furnish the to be offered for sale; for the sale of the tobacco or the tobacco State office with respect to each auction (x) Poundage balance before and af­ is removed from the warehouse by the sale of tobacco made at his warehouse ter sale for producer tobacco based on producer. In any case where a producer’s the following information: 110 percent of farm quota; marketing card is found in the possession (1) The name of the operator of the (xi) Name or symbol of purchaser of of a warehouseman and no producer on farm on which the tobacco was produced each basket or sheet which is sold; the farm for which the card is issued and the name of the seller, in the case (xii) Gross number of pounds sold; has tobacco on the floor for sale or to be of a sale by a producer, and in the case (xiii) Sales price for each basket or settled for such card will be picked up by of a resale, the name of the seller. sheet and gross sale price for all baskets an ASCS representative for return to the (ii) Date of sale. or sheets sold; producer. The warehouseman shall be (iii) Number of pounds sold. (xiv) Nonauction purchases by the responsible for the safekeeping and (iv) Amount of any penalty and the warehouse holding the sale; proper use of the marketing card during amount of any deduction on account of (xv) Tobacco grade for tobacco con­ his retention of it. Each tobacco sale bill penalty from the price paid the pro­ signed to price support; issued to cover an auction sale of tobacco ducer; and, in addition, with respect to (xvi) Marketing quota penalty col­ from a farm for which a marketing card each individual basket or lot of tobacco lected; and is issued bearing the notation “No Price constituting the auction sale, the follow­ (xvii) Amount withheld from sale to Support” shall bear the same notation. ing information: cover claims due the United States. A separate tobacco sale bill shall be ex­ (v) Name of purchaser. A copy of a suggested format for the ecuted to cover any tobacco which repre­ (vi) Number of pounds sold. tobacco sale bill has been filed (34 F.R. sents more than 110 percent of the effec­ (vii) Gross sale price. 1761) at the Office of the Federal Regis­ tive'farm marketing quota and the nota­ (2) Separate account records. Records ter. Copies of the suggested format may tion, “No Price Support” shall be shown of all purchases and resales of tobacco by be obtained from the Director, Commod­ on such tobacco sale bill. The sale of such the warehouseman shall be maintained ity Programs Division. The warehouse­ tobacco shall be considered a separate to show a separate account for: man shall not weigh in any tobacco for sale. The letters, “NA” shall be shown (i) Nonauction sales by farmers of sale unless a card (MQ-76 for producers, on each line of a tobacco sale bill on tobacco purchased by or on behalf of the MQ-79-2 for dealers) is furnished the which there is recorded tobacco pur­ warehouseman. weighman. The buyer and grade space chased by or for the warehouse at non­ (ii) Purchases and resales of leaf ac­ on the tobacco sale bill shall show (A) auction sale and there shall be recorded count tobacco. The resale record shall in­ nonauction purchases by the warehouse, on all such tobacco sale bills the farm clude separate data for leaf account (B) tobacco grade for tobacco consigned serial number on the marketing card tobacco and floor sweeping tobacco. to price support, and (C) the symbol for identifying the tobacco marketed at the (3) Buyers Corrections Account. Each tobacco bought by private buyers. At the time the tobacco is purchased at non­ warehouseman shall keep such records end of each sale day the tobacco sale bills auction sale. A copy of the tobacco sale as will enable him to furnish a weekly shall be sorted and filed in numerical bill bearing the letters, “NA” shall be report on Form MQ-71 to the State ASCS order. A copy of the executed Form MQ- furnished the producer for any lot or office showing the total pounds of the 80, Daily Warehouse Sales Summary, basket of such tobacco purchased by the debits (for returned baskets, short bas­ shall be furnished to marketing recorder warehouseman. kets, and short weights of tobacco) and for the Kansas City Data Processing (c) Marketing card. Each marketing the credits (for long baskets, and long Center (KCDPC). of tobacco from a farm shall be identi­ weights of tobacco) to the Buyers Cor­ (5) Report of farm scrap resulting fied by a marketing card issued for the rections Account. Where the warehouse­ from grading tobacco for farmers. Any farm. The card shall be executed as man returns to the seller tobacco debited warehouseman or any other person who follows: to the Buyers Corrections Account, the grades tobacco for farmers shall main­ (1) Auction sale. A marketing card warehouseman, shall prepare an adjust­ tain records which will enable him to used to cover an auction sale shall show ment invoice to the seller. This invoice furnish the State ASCS office the name on the reverse side the poundage bal­ shall be the basis for a credit entry for of the farm operator and the approxi­ ance of the “110 percent of quota”. At he warehouse in the Buyers Corrections mate amount of scrap tobacco obtained the time of weigh-in the tobacco sale bill and a corresponding purchase from the grading of tobacco from each shall show the poundage balance of 110 debit entry) in the case of a dealer on farm. v percent of the farm’s quota. The tobacco nis MQ-79, Dealer’s Report. Any balanc­ (6) Report of farm scrap resulting sale bill shall show the pounds on which ing figure reflected on the warehouse­ from furnishing curing or stripping space penalty is due, and the amount of the man s summary of bill-outs shall not be for tobacco from farmers. Any ware­ penalty. eluded in the Buyers Corrections houseman or any other person who pro­ (2) Nonauction side to a warehouse­ Account. vides tobacco curing space or stripping man at the warehouse. A marketing card

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1098 RULES AND REGULATIONS used to cover a nonauction sale of tobacco is purchased prior to the opening and furnish him at that time a certifica­ tobacco to a warehouseman shall show of the local auction market, an MQ-79 tion of the quantity of such tobacco. on the reverse side the poundage balance shall be prepared and a copy, together (h) Report to county office of long of the “110 percent of quota”. If the with copies of MQ-72-2 for all nonauc­ weights and long baskets. Each ware­ tobacco sale bill includes both an auction tion purchases, forwarded to the State houseman shall report to the county sale and a nonauction sale such com­ ASCS office not later than the end of the ASCS office or marketing recorder long bined pounds shall be used to compute calendar week which would include the weights and long baskets of producer and reflect the balance of the “110 per­ first sale day of the local auction mar­ tobacco (first sales) for which the farmer cent of quota”. The tobacco sale bill kets. A remittance for all penalties shown has been paid. shall show the pounds on which penalty by the entries on MQ-79 and Form (i) Report on Form MQ-78, Tobacco is due and the amount of the penalty. MQ-72-2 to be due shall be forwarded Warehouse Organization. Each ware­ (3) Nonauction sale (country pur­ to the State ASCS office with the original houseman shall annually, prior to open­ chase) to a warehouseman. A marketing copy of MQ-79. ing of auction markets, furnish ASCS an card used to cover a nonauction sale (g) Daily warehouse sales summary.executed Form MQ-78 showing: (country purchase) at the farm shall Each warehouseman shall prepare at (1) Form of business organization. show on the reverse side the poundage the end of each sale day a report on (2) Names and addresses of warei- balance of the “110 percent of quota”. MQ-80, Daily Warehouse Sales Sum­ house officials and bookkeeper. Each warehouseman shall record each mary, showing for each sale day: (3) Names and addresses of other nonauction purchase of tobacco made by (1) For each manufacturer, buyer, or­ warehouses in which, the officials and him on MQ-79 and on Form MQ-72-2, der buyer and Flue-cured Tobacco Co­ bookkeeper have a financial interest. Report of Tobacco Nonauction Pur­ operative Stabilization Corporation (4) Name and address of custodian chase. The data to be reported on Form (pool), pounds of tobacco purchased at of warehouse records, including their MQ-72-2 is set forth in § 725.100(c) (3). auction (consigned in the case of the location. (4) Tobacco under interim advance. If pool). (j) Payee to be shown on auction tobacco is marketed from a farm, part (2) The sum of the items for subpara­ warehouse check. Any auction warehouse or all of which is tobacco upon which graph (1) of this paragraph. which issues a check to cover the auction an interim advance was made pursuant (3) Resales at auction for each person or nonauction sale of tobacco shall issue to Part 1421 of this chapter, the tobacco listed under subparagraph (1) of this such check only in the name of the payee. sale bill and the marketing card issued paragraph. A warehouse check shall not be issued in for the farm shall show in parenthesis (4) For each dealer subject to report­ the name of the seller and bearer, for the poundage balancé of the tobacco ing purchases and resales on MQ-79, as example, “John Doe or Bearer”. upon which an interim advance was originally billed, the total pounds of (k) Basket, sheet or pile identification made, and the poundage balance of any tobacco purchased at auction, and re­ and cross referencing between tobacco other tobacco. As the interim advance is sales at auction. sale bill, basket ticket and bill to buyer. repaid on any tobacco the quantity (5) The total pounds purchased at Each warehouseman shall, after each shown on the marketing card as that auction for the leaf account. basket, sheet or pile is weighed in record upon which an advance was made shall (6) The total pounds purchased at such tobacco on the standardized to­ be reduced proportionately. nonauction at the warehouse for the leaf bacco sale bill, enter the bill number and (d) Suspended sale record. Any to­ account. line number on the basket ticket. Also, bacco sale bill covering a sale of tobacco (7) The sum of the total pounds for after sale by auction and when the to­ for which a valid marketing card or subparagraphs (5) and (6) of this para­ bacco is billed to the buyer the tobacco dealer identification card was not pre­ graph. sale bill number and line number of the sented shall be given to a marketing re­ (8) (i) The total leaf account resales entry shall be recorded on the bill-out corder who shall stamp such bills, and (ii) a separate account for total invoice to the buyer. In addition, the “Suspended”. floor sweeping resales. bill-out invoice shall show the warehouse (e) Warehouseman’s entries on other (9) The sum of the total purchases for registration number (warehouse code). dealer’s report. Each warehouseman subparagraphs (2), (4), and (7) of this § 725.100 Dealer’s records and reports. shall record, or have the dealer record, paragraph. on MQ-79, the total purchases and re­ (10) The sum of the total resales for Each dealer, except as provided in sales made by each such dealer or other subparagraphs (3), (4), and (8) of this § 725.101, shall keep the records and warehouseman during each sale day at paragraph. make the reports as provided by this the warehouse. If any tobacco resold by (11) For each warehouse sale of excess section. the dealer is tobacco bought by him and tobacco from a farm, the applicable farm (a) Record of marketing. Each dealer carried over by him from a crop pro­ number with daily remittance of the shall keep such records as will enable duced prior to the current crop, the entry penalty due to accompany Form MQ- him to furnish the State ASCS office on MQ-79 shall clearly show such fact. 72-1. with respect to each lot of tobacco pur­ (f) Record and report of warehouse­ (12) For each dealer, at time of settle­ chased by him the following information: man’s leaf account purchases and re­ ment having excess resale tobacco, the (l) (i) The name of the warehouse sales not on his floor. Each warehouse­ applicable dealer identification number through which the tobacco was pur­ man shall keep a record and make re­ with daily remittance of the penalty due. chased in the case of a warehouse sale, ports on MQ-79, Dealer’s Report, (13) As to the information required to (ii) the name of the operator of the farm showing: be entered on MQ-80, Daily Warehouse on which the tobacco was produced and (1) All nonauction purchases of to­ Sales Summary, by the marketing re­ the name of the seller in the case of a bacco, except nonauction purchases at corder, the warehouseman shall keep and nonauction sale, including the records his warehouse which are reported on make available such records as will en­ and reports for farm scrap tobacco, and MQ-80. able the marketing recorder to enter (iii) the name of the seller in the case (2) All purchases and resales of to­ thereon: (i) The total number of Forms of nonauetion purchases from ware­ bacco at public auction through ware­ MQ-72-1 for the sale day and the sum housemen and dealers. houses other than his own. of pounds sold and shown on Forms (2) Date of purchase. (3) All purchases of tobacco from MQ-72-1, and (ii) the total number of (3) Number of pounds purchased. dealers other than warehousemen and suspended sale bills and the sum of such (4) Amount of any penalty and the resales of tobacco to dealers other than pounds sold. amount of any deduction on account of warehousemen. Form MQ-79 shall be (14) At the end of the season, each penalty from the price paid the producer, prepared and a copy, including copies of warehouseman shall: (i) Report on his and as to each lot of tobacco sold by him Form MQ-72-2 for all nonauction pur­ final MQ-80 for the season the quantity the following information: chases, forwarded to the State ASCS of leaf account tobacco and floor sweep­ (5) Name of the warehouse through office not later than the end of the cal­ ing tobacco if any, on hand and its loca­ endar week in which such tobacco was tion, and (ii) permit its inspection and which the tobacco was sold in. the case purchased or resold: Provided, That, if weighing by a representative of ASCS, of a warehouse sale, and the name of

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 RULES AND REGULATIONS 1099 the purchaser if other than an auction nonauction purchases, not later than pounds billed to the buyer for which warehouse sale. the end of the calendar week which payment was made, (v) gross pounds (6) Date of sale. would include the first sale day of the from the company correction account (7) Number of pounds sold. local auction market where the resale deducted for short baskets, short weights (8) In the event of a resale of tobacco takes place. and returned baskets and, (vi) gross bought by him and carried over from a (3) The data to be entered on pounds from the company correction ac­ crop produced prior to the current crop, MQ-72-2, Report of Tobacco Nonauction count added for long baskets and long the fact that such tobacco was so bought Purchase, for nonauction purchases from weights. and carried over. a producer shall be that enumerated un­ (b) Nonauction sale (country pur­ (2) For purchases at nonauction (i) der paragraph (b) (1) (ii) of this section. name and address of seller, (dealer or chase) to a dealer. (1) (i) Each pur­ For nonauction purchases from a dealer, farmer), (ii) seller’s number (dealer’s chase of tobacco from a producer shall the data to be entered on MQ-72-2 shall registration number or farm number, be identified by a marketing card issued be the following: (i) Date of purchase; including State and county code), and, for the farm on which the tobacco was (ii) identification number of buyer; (iii) pounds purchased. produced. The reverse side of the mar­ (iii) identification number of dealer keting card shall show the poundage making the sale; (iv) type code 10; and § 725.102 Records and reports of truck­ balance of the “110 percent of quota”; (v) pounds purchased. ers, persons redrying, prizing, or (ii) in addition a Form MQ-72-2, Re­ (4) At the end of the dealer’s mar­ stemming tobacco, and storage firms. port of Tobacco Nonauction Purchase, keting operations, but not later than (a) E ach. trucker shall keep such shall be prepared and shall show; (a) March 1, he shall for each kind of to­ records as will enable him to furnish the Date of purchase, (b) identification bacco: (i) Show the word “final” on his State ASCS office a report with respect number of buyer, (c) idenitfication of final report, MQ-79 for the season, (ii) to each lot of tobacco received by him producer selling the tobacco as shown report on such final MQ-79 for the season showing: on the marketing card, including his the quantity of tobacco on hand and its (1) The name and address of the name and address and complete farm location, and (iii) permit its inspection producer. number, (d) type code 10, (e) pounds and weighing by a representative of (2) The date of receipt of the tobacco. purchased, and (/) amount of penalty ASCS, and at that time furnish him a (3) The number of pounds received. collected. The dealer shall record each certification of the quantity of such (4) The name and address of the per­ nonauction purchase of tobacco made by tobacco. son to whom it was delivered. him on MQ-79. (5) Notwithstanding the provisions of (b) Each person engaged in the busi­ (2) If tobacco is marketed from a subparagraph (4), any dealer having ness of redrying, prizing, or stemming farm part or all of which is tobacco upon tobacco transactions after March 1 shall tobacco for producers and storage firms which an interim advance was made pur­ make reports on MQ-79 at the end of handling producer tobacco shall keep suant to Part 1421 of this chapter, the each week, as provided in subparagraph such records as will enable him to furnish tobacco sale bill and the marketing card (2 ). the director a report showing: issued for the farm shall show in paren­ (d) Daily report to warehouseman for (1) The information required above thesis the poundage balance of the to­ buyers corrections account of tobacco for truckers, and, in addition:. bacco upon which an interim advance received. Notwithstanding the provisions (2) The purpose for which the tobacco was made and the poundage balance of of § 725.101, any dealer, buyer, or any was received. any other tobacco. As the interim ad­ other person receiving tobacco from or (3) The amount of advance made by vance is repaid on any tobacco the quan­ through a warehouseman at an auction him on the tobacco. tity shown on the marketing card as that sale or otherwise, which is not invoiced to (4) The disposition of the tobacco. upon which an advance was made shall him or which is incorrectly invoiced to (5) Person to whom delivered and be reduced proportionately. him by the warehouseman, shall furnish pounds involved. (c) Record and report of purchases the warehouseman on a daily sales basis and resales. (1) Except as provided in an adjustment invoice or buyers settle­ § 725.103 Separate records and reports subparagraph (2) of this paragraph, from persons engaged in more than ment sheet. Such reports shall be fur­ o n e business. each dealer shall keep a record and make nished daily, if practicable; otherwise reports on MQ-79, showing all purchases they shall be furnished at the end of each Any person who is required to keep and resales of tobacco made by or for week. any record or make any report as a the dealer, and in the event of purchase warehouseman, processor, dealer, buyer, or resale of tobacco bought from a crop § 725.101 Dealers exempt from regular trucker, or as a person engaged in the produced prior to the current crop, the records and reports on MQ-79; and business of sorting, redrying, prizing, fact that such tobacco was bought by season report for exempted dealers. stemming, packing, or otherwise process­ him and carried over from a crop pro­ (a) Any dealer or buyer who acquires ing tobacco for producers, and who is duced prior to the current crop. tobacco only at auction sales and resells, engaged in more than one such business, (2) Form MQ-79 shall be preparedin the form in which tobacco ordinarily shall keep such records as will enable and a copy, together with executed cop­ is sold by farmers, 5 percent or less of him to make separate reports for each ies of MQ-72-2 for all nonauction pur­ any such tobacco shall not be subject to such business in which he is engaged to chases, forwarded to the State ASCS the requirements of § 725.100. Any deal­ the same extent for each such business office not later than the end of the calen­ er or buyer is required to report on MQ- as if he were engaged in no other dar week in which such tobacco was pur­ 79 and on MQ-72-2 nonauction purchases business. chased or resold, except as follows: (i) from producers and nonauction pur­ § 725.104 Failure to keep records and if tobacco is purchased prior to the chases from other sources. make reports or making false report of the local auction market, an (b) For the 1970-71 and subsequent or record. + il9 sha11 ^ Prepared and a copy, marketing years, each dealer or buyer together with executed copies of Form (a) Warehousemen and dealers—(1) shall also make a report not later than Failure to keep records or make reports. MQ-72-2 for all nonauction purchases, March 1 of each year to the Director, forwarded to the State ASCS office not Under the provisions of section 373(a) Commodity Programs Division, showing of the act, any warehouseman, processor, ww than the end of the calendar week by States where acquired, source and which would include the first sale day buyer, dealer, trucker, or person engaged pounds of all tobacco received by him as in the business of sorting, redrying, P1 the local auction markets; (ii) if a result of auction or nonauction sale, tobacco is resold in a State other than prizing, stemming, packing, or otherwise including tobacco received which was not processing tobacco for producers who kp<-eie+Pro^uce^’ and the auction mar- billed to him. The report shall show: fails to make any report or keep any rp“s at such locations opens earlier than (1) For purchases at auction for each record as required, or who makes any tnose where the tobacco would normally warehouse (i) USDA registration number sola at auction by farms, reports shall false report or record, is guilty of a mis­ (warehouse code), (ii) name and address demeanor, and upon conviction shall be .Prepared and forwarded, together of warehouse, (iii) gross pounds origi­ witn executed copies of MQ-72-2 for all subject to a fine of not more than $500 nally billed to the buyer, (iv) gross for each offense. In addition, any tobacco

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1100 RULES AND REGULATIONS warehouseman, dealer, or buyer who sion and Tobacco Division of the Agri­ produced on such farm shall be con­ fails, upon being requested to do so, to cultural Stabilization and Conservation sidered by the county committee to be remedy a violation by submitting com­ Service, U.S. Department of Agriculture, acceptable variety tobacco. If the farm plete reports and keeping accurate upon written request by the State execu­ operator or any producer thereon has records shall be subject to an additional tive director, all such books, papers, rec­ executed and filed a report with the fine, not to exceed $5,000. ords, basket tickets, tobacco sale bills, county office on MQ-32, which shows (2) Failure to obtain producer’s mar­ buyer adjustment invoices, accounts, there was not planted on such farm(s) keting card or dealer identification card. canceled checks, check registers, check in the current year, any of the discount The failure of (i) any dealer or ware­ stubs, correspondence, contracts, docu­ varieties of Flue-cured tobacco, and the houseman to obtain a producer’s market­ ments, and memorandas as the State ex­ operator or a producer on the farm ing card, MQ-76, to identify a sale of ecutive director or the Director has rea­ wishes to change the MQ-32 to show producer tobacco or (ii) any dealer or son to believe are relevant and are there was planted on such farm(s) a dis­ warehouseman who fails to obtain a within the control of such person. count variety he may, at any time prior dealer identification card, MQ-79-2, to to the issuance of a marketing card for § 725.108 Length of time records and the farm, be permitted to file a new cover a resale of tobacco, shall constitute reports are to be kept. a failure to make a report. MQ-32 which shall supersede and re­ Records required to be kept and copies place the first MQ-32. (b) False representations—warehouse­of the reports required to be made by (3) If the farm operator or any pro­ men, dealers, and producers. In addition any person under this subpart shall be ducer on a farm certifies on MQ-32 that to the monetary penalties prescribed on a marketing year basis and shall be there was planted on the farm any dis­ in §§ 725.94 and 725.95, the penalties retained by him for 3 years after the count variety of Flue-cured tobacco, all designated in paragraph (a)(1) of this end of the marketing year. Records shall of the Flue-cured tobacco produced on section are in addition to penalties be kept for such longer period of time as such farm shall be considered by the prescribed by other criminal statutes in­ may be requested in writing by the State county committee to be discount variety cluding United States Code, title 18, executive director, or the Director. tobacco. section 1001, which provides for a fine § 725.109 Information confidential. (c) Failure to file report. If the of not more than $10,000 or imprison­ operator of a farm on which Flue-cured ment for not more than 5 years, or both, All data reported to or acquired by the tobacco is being produced in the current for a person convicted of knowingly and Secretary pursuant to the provisions of year fails or refuses, within 7 days after willingly committing such acts as mak­ this subpart shall be kept confidential by a request of the county committee on ing a false acreage report, altering all officers and employees of the U.S. De­ MQ-34-1, Notice of Action Required a marketing card, falsely identifying partment of Agriculture, and by all Regarding" Determination of Seed Varie­ tobacco or buying and selling unused members of county and community com­ ties of Flue-Cured Tobacco, to file a re­ “110 percent of quota poundage” on mittees, and all county office employees port on MQ-32, showing whether or not marketing cards. and only such data so reported or ac­ there was planted any of the discount § 725.105 Registration of warehouse­ quired, as the Deputy Administrator varieties of Flue-cured tobacco on such men and dealers. deems relevant shall be disclosed by farm, all Flue-cured tobacco produced them, and then only in a suit or adminis­ on such farm shall be considered by the Any dealer or warehouseman dealing trative hearing under title m of the act. in Flue-cured tobacco shall be registered county committee to be discount variety with the U.S. Department of Agriculture. D iscount Varieties tobacco, unless the county committee Such registration will be handled by the finds that failure to comply with the re­ § 725.110 Determination of discount quest was due to circumstances beyond North Carolina State ASCS Office, varieties. Raleigh, N.C. Any person desiring to the control of the farm operator. register as a dealer or warehouseman (a) Definition. “Discount variety” (d) Notice to farm operator. The farm shall complete an “Application for Dealer means any of the Flue-cured tobacco seed operator having discount variety tobacco Identification Card” and submit it to the varieties designated as Coker 139, Coker shall be given written notice by certified State office. Warehousemen will be 140, Coker 316, Reams 64, or Dixie Bright mail on MQ-34-2, Notice of Discount assigned a three-digit identification 244, or a mixture or strain of such seed Variety Flue-Cured Tobacco. The notice number and dealers will be assigned varieties, or any breeding line of Flue- to the farm operator shall constitute a four-digit identification number. Per­ cured tobacco seed varieties, including, notice to all persons who as owner, oper­ but not limited to, 187-Golden Wilt (also ator, landlord, tenant, or sharecropper, sons requesting it will be issued a dealer designated by such names as No-Name, are interested in the tobacco being grown identification card, Form MQ-79-2. XYZ, Mortgage Lifter, Super XYZ), hav­ on the farm. § 725.106 Duties of Kansas City ASCS ing the quality and chemical characteris­ (e) Producer’s right to recertify. Any Data Processing Center. tics of the seed varieties designated as producer on a farm who receives a Form Numerous recordkeeping and report­ Coker 139, Coker 140, Coker 316, Reams MQ-34-2 certifying that the farm has ing provisions required by these regula­ 64, or Dixie Bright 244: Provided, That discount variety tobacco when in fact tions are the responsibility of the Kansas where there is growing in a field offtype an acceptable variety is being produced City ASCS Data Processing Center (also plants of not more than 2 percent, such may recertify on Form MQ-32. referred to as KCDPC). The duties of offtype plants shall .not be considered in (f) Issuance of marketing cards—(1) the Center are set forth in writing in fre­ certifying the Flue-cured tobacco variety Notation on card. If a farm is considered quent issuances of internal procedures. being produced. Flue-cured tobacco to have discount variety tobacco avail­ which is not certified to be discount va­ able for marketing and the farm is § 725.107 Examination of records and riety shall be considered as “acceptable eligible for price support, the county reports. variety”. executive director shall issue MQ-76, For the purpose of ascertaining the (b) Producer’s report. (1) For each bearing the notation “Discount Va­ correctness of any report made or rec­ farm on which Flue-cured tobacco is riety—Limited Price Support”. If the ord kept, or of obtaining information produced in the current year, the farm farm is considered to have discount required to be furnished in any report, operator or any producer on the farm variety tobacco but it is not eligible for but not so furnished, any warehouseman, shall file with the county office a report price support, the county executive di­ processor, dealer, buyer, trucker, or per­ on MQ-32, Certification of Flue-Cured rector shall issue MQ-76, bearing the son engaged in the business of sorting, Tobacco Varieties Planted, showing notation “Discount Variety—No Price redrying, prizing, stemming, packing, or whether or not discount variety tobacco Support”. otherwise processing tobacco for pro­ was planted on the farm. (2) Exchange of cards, (i) Where an ducers, shall make available at one place (2) If the farm operator or any pro­MQ-76, bearing the notation “Discount for examination by representatives of the ducer on a farm certifies on MQ-32 Variety—Limited Price Support” is is­ State executive director and by employees that there was not planted on the farm sued for a farm, the card may be ex­ of the Office of the Inspector General, any discount variety of Flue-cured changed at the county office for an MQ- and of the Commodity Programs Divi­ tobacco, all of the Flue-cured tobacco 76 without the notation, or (ii) where

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 RULES AND REGULATIONS 1101 an MQ-76, bearing the notation “Dis- identify his tobacco as being of an “ac­ each handler in accordance with § 910.41, county Variety—No Price Support” is ceptable variety”, shall execute MQ-79-1 is fixed at $0,018 per carton of lemons. issued for a farm the card may be ex­ (Flue-cured), Dealer’s Certification—Re­ changed at the county office for an MQ- sale Tobacco. It is hereby further found that good 76 with the notation “No Price Support”: (ii) Each executed MQ-79-1 (Flue- cause exists for not postponing the effec­ Provided, That the farm operator estab­ cured) shall show the following informa­ tive date hereof until 30 days after pub­ lishes to the satisfaction of the county tion with respect to resale tobacco: lication in the F ederal R egister (5 U.S.C. committee that there has been no com­ (a) Crop year. 553) in that (1) shipments of the current mingling or substitution of discount va­ (b) Name and address of warehouse crop of lemons grown in the designated riety tobacco produced on the farm or where the tobacco is being offered for production area are now being made; on any other farm operated by him, and sale. (2) the relevant provisions of said mar­ that all discount variety tobacco has (c) Date, signature of dealer and cur­ keting agreement and this part require been marketed or satisfactorily disposed rent address, and dealer identification that the rate of assessment herein fixed of, or accounted for. number. shall be applicable to all assessable (3) Cards for publicly owned experi­ (d) Tobacco sale bill number and lemons handled during the aforesaid ment stations. MQ-76 issued to identify date. period, and (3) such period began on marketings of tobacco grown for experi­ (iii) Each dealer or any person who November 1,1969, and said rate of assess­ mental purposes by or for publicly owned acquires acceptable variety tobacco in a ment will automatically apply to all such experiment stations shall bear the nota­ manner which would make it ineligible lemons beginning with such date. tion “Discount Variety—Limited Price for certification on MQ-79-1, or who has (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Support” if such tobacco is discount va­ on hand both discount variety tobacco 601-674) riety tobacco. and acceptable variety tobacco, and de­ Dated: January 22,1970. (g) Identification of Flue-cured leafsires to dispose of acceptable variety account tobacco as acceptable variety tobacco prior to disposing of the discount P aul A. Nicholson, and reports on MQ-79-1, Flue-Cured. variety tobacco, may apply in writing Deputy Director, Fruit and Veg­ Whenever the Director determines there to the State executive director for a etable Division, Consumer and is a significant amount of discount va­ special authorization to have the accept­ Marketing Service. riety tobacco available for marketing in able variety tobacco certified when [F.R. Doc. 70-1067; Filed, Jan. 27, 1970; any marketing year he may cause to be offered for auction sale. 8:48 a.m.] initiated the provisions of this para­ (h) Estimate of production. For any graph. In addition, the Director may ter­ farm on which discount variety tobacco minate any action initiated hereunder is being grown, a Form MQ-92, Estimate when he determines no discount variety of Production, shall be obtained. Title 9— ANIMALS AND of Flue-cured tobacco remains available [F.R. Doc. 70-1036; Filed, Jan. 27, 1970; for sale during the remainder of the cur­ 8:16 a.m.] ANIMAL PRODUCTS rent marketing season. Notification to warehousemen of action required under Chapter I— Agricultural Research this paragraph shall be by the State Chapter IX— Consumer and Market­ Service, Department of Agriculture executive director, (1) Warehouseman, (i) Each ware­ ing Service (Marketing Agreements SUBCHAPTER C— INTERSTATE TRANSPORTATION houseman who offers for auction sale and Orders; Fruits, Vegetables, OF ANIMALS AND POULTRY any leaf account Flue-cured tobacco on Nuts), Department of Agriculture PART 76— HOG CHOLERA AND a warehouse floor other than his own, OTHER COMMUNICABLE SWINE and who requests the other warehouse­ PART 910— LEMONS GROWN IN man to identify such tobacco as being CALIFORNIA AND ARIZONA DISEASES “acceptable variety” sh a ll execute Expenses and Rate of Assessment Areas Quarantined MQ-79-1 (Flue-cured), Dealer’s Certifi­ cation—Resale Tobacco. On January 10,1970, notice of proposed Pursuant to provisions of the Act of (ii) Each warehouseman who is par­ rule making was published in the F ederal May 29, 1884, as amended, the Act of ticipating in the Commodity Credit Cor­ R egister (35 F.R. 387) regarding the pro­ February 2, 1903, as amended, the Act of poration price support program, and posed expenses and the proposed rate of March 3, 1905, as amended, the Act of who identifies resale tobacco with a assessment for the period November 1, September 6,1961, and the Act of July 2, “certified” basket ticket indicating that 1969, through October 31, 1970, pursuant 1962 (21 U.S.C. 111-113, 114g, 115, 117, such tobacco, by virtue of an executed to the marketing agreement, as amended, 120, 121, 123-126, 134b, 134f), Part 76, MQ-79-1 (Flue-cured), is of an accept­ and Order No. 910, as amended (7 CFR Title 9, Code of Federal Regulations, able variety shall at the time the tobacco Part 910), regulating the handling of restricting the interstate movement of is weighed in have such tobacco covered lemons grown in the States of California swine and certain products because of by an executed MQ-79-1. and Arizona. This regulatory program is hog cholera and other communicable (Ui) Each executed MQ-79-1 (Flue- effective under the Agricultural Market­ swine diseases, is hereby amended in the cured) shall show the following infor­ ing Agreement Act of 1937, as amended following respects: mation with respect to each lot of (7 U.S.C. 601-674). After consideration 1. In § 76.2, paragraph (e) (3) relating resale tobacco: of all relevant matters presented, includ­ to the State of Illinois is amended to (a) Crop year. ing the proposals set forth in such notice read: (b) Name and address of warehouse which were submitted by the Lemon Ad­ (3) Illinois, (i) That portion of Chris­ where the tobacco is being offered for ministrative Committee (established pur­ sale. suant to said marketing agreement and tian County comprised of Buckhart, Tobacco sale bill number and date. order), it is hereby found and determined Greenwood, Johnson, Mosquito, Mount (a) Date, signature of dealer and cur­that: Auburn, Ricks, and Stonington Town­ rent address, and dealer identification ships. number. § 910.208 Expenses and rale of assess­ (ii) That portion of Gallatin County *^) Healer, (i) Each dealer or any m ent. comprised of North Fork and Omaha other person who offers for auction sale (a) Expenses. Expenses that are rea­ Townships. any resale Flue-cured tobacco on a ware­ sonable arid necessary to be incurred by (iii) That portion of Henry County house floor which is participating in the the Lemon Administrative Committee comprised of Loraine Township. Commodity Credit Corporation price during the period November 1, 1969, (iv) That portion of Macoupin County support program and on which floor through October 31, 1970, will amount to comprised of Nilwood and South Otter hgible resale Flue-cured tobacco is iden- $225,990. Townships. a “certified” basket ticket, (b) Rate of assessment. The rate of (v) That portion of Whiteside County na who requests the warehouseman to assessment for said period, payable by comprised of Portland Township.

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1102 RULES AND REGULATIONS (vi) That portion of Montgomery Road 1438 in an easterly direction to County comprised of Butler Grove, East State Highway 123; thence, following Title 14— AERONAUTICS AND Pork, Fillmore, Hillsboro, Irving, Noko- State Highway 123 in a northeasterly mis, Raymond, Rountree, and Witt direction to its junction with Secondary SPACE Townships. Road 1400. (vii) That portion of Saline County 3. In § 76.2, paragraph (e) (13) relat­Chapter I— Federal Aviation Adminis­ comprised of East Eldorado and Rector ing to the State of Texas, a new subdi­ tration, Department of Transportation Townships. vision (v) is added to read: [Docket No. 8070; Amdt. No. SFAR 23-1] (viii) That portion of Shelby County (13) Texas. * * * [Special Federal Aviation Regulation No. 23] comprised of Flat Branch, Okaw, Ridge, (v) That portion of Lavaca County and Rural Townships. bounded by a line beginning at the junc­ PART 23— AIRWORTHINESS STAND­ 2. In § 76.2, paragraph (e) (9) relatingtion of Farm to Market Road 530 and ARDS: NORMAL, UTILITY, AND to the State of North Carolina, sub­ the Lavaca-Jackson County line; thence, ACROBATIC CATEGORY AIR­ division (ii) is amended and a new sub­ following the Lavaca-Jackson County PLANES division (xj) is added to read: line in a southwesterly direction to the (9) North Carolina. * * * Lavaca-Victoria County line; thence, PART 135— AIR TAXI OPERATORS (ii) That portion of Duplin County following the Lavaca-Victoria County AND COMMERCIAL OPERATORS bounded by a line beginning at the junc­ line in a northwesterly direction to the OF SMALL AIRCRAFT Lavaca-De Witt County line; thence, tion of State Road 1544 and the eastern Airworthiness Standards: Small Air­ boundary of Duplin County; thence, fol­ following the Lavaca-De Witt County lowing the eastern boundary line in a line in a northwesterly direction to U.S. planes Capable of Carrying More southeasterly direction to State Road Highway 77A; thence, following U.S. Than 10 Occupants Highway 77A in a northeasterly direc­ 1715; thence, following State Road 1715 Correction. in a westerly direction to State Highway tion to U.S. Highway 90A; thence, fol­ 50; thence, following State Highway 50 lowing U.S. Highway 90A in a northeast­ In F.R. Doc. 69-15257 appearing at in a northwesterly direction to the North­ erly direction to Farm to Market Road page 20176 in the issue of Wednesday, east Cape Fear River; thence, following 530; thence, following Farm to Market December 24, 1969, paragraph (2) in the Northeast Cape Fear River in a Road 530 in a generally southeasterly amendatory paragraph 5 should read as northerly direction to State Highway 11; direction to its junction with the Lavaca- follows : thence, following State Highway 11 in Jackson County line. (2) A climb speed not greater than the a southwesterly direction to State Road (Secs. 4-7, 23 Stat. 32, as amended, secs. approach speed established under section 7 1501; thence, following State Road 1501 1, 2, 32 Stat. 791-792, as amended, secs. 1-4, oi this regulation and not less than the 33 Stat. 1264, 1265, as amended, sec. 1, 75 greater of I.OöVmc or l.lOVsi. in a northwesterly direction to State Stat. 481, secs. 3 and 11, 76 Stat. 130, 132; Road 1519; thence, following State Road 21 TJ.S.C. Ill, 112, 113, 114g, 115, 117, 120, 1519 in a northeasterly direction to State 121, 123-126, 134b, 134Í; 29 F.R. 16210, as [Airspace Docket No. 69-CE-124] Road 1002; thence, following State Road amended) 1002 in a northerly direction to State PART 71— designation o f federal Road 1539; thence, following State Road Effective date. The foregoing amend­ AIRWAYS, CONTROLLED AIRSPACE, 1539 in a northeasterly direction to State ments shall become effective upon AND REPORTING POINTS Road 1544; thence, following State Road issuance. 1544 in an easterly direction to its junc­ The amendments quarantine portions Alteration of Transition Area tion with the eastern boundary of Duplin of Christian, Gallatin, Henry, Macoupin, Montgomery, Saline, Shelby, and White- The purpose of this amendment to County. side Counties in Illinois; Duplin, Greene, Part 71 of the Federal Aviation Regula­ * * * * * and Lenoir Counties in North Carolina; tions is to alter the transition area at (xi) The adjacent portions of Greene and in Lavaca County, Tex., because of Bedford, Ind. and Lenoir Counties bounded by a line the existence of hog cholera. This action U.S. Standard for Terminal Instru­ beginning at the junction of State High­ is deemed necessary to prevent further ment Procedures (TERPS) became ef­ way 123 with Secondary Road 1400; spread of the disease. The restrictions fective November 18, 1967, and was is­ thence, following Secondary Road 1400 pertaining to the interstate movement sued only after extensive consideration in a southeasterly direction to Second­ of swine and swine products from or and discussion with Government agen­ ary Road 1411; thence, following Sec­ through quarantined areas as contained cies concerned and affected industry ondary Road 1411 in a southeasterly di­ in 9 CFR Part 76, as amended, will apply groups. TERPS updates the criteria for rection to Secondary Road 1410; thence, to the quarantined areas designated the establishment of instrument ap­ following Secondary Road 1410 in a herein. proach procedures in order to meet the southwesterly direction to Secondary The amendments impose certain fur­ safety requirements of modern day avia­ Road 1710; thence, following Secondary ther restrictions necessary to prevent the tion and to make more efficient use of Road 1710 in a southwesterly direction interstate spread of hog cholera and the airspace possible. As a result, the to Secondary Road 1711; thence, follow­ must be made effective immediately to criteria for designation of controlled air­ ing Secondary Road 1711 in a south­ accomplish their purpose in the public space for the protection of these proce­ westerly direction to Secondary Road interest. Accordingly, under the adminis­ dures were modified to conform to 1704; thence, following Secondary Road trative procedure provisions in 5 U.S.C. TERPS. The new criteria requires minor 1704 in a westerly direction to Second­ 553, it is found upon good cause that alteration of the Bedford, Ind., transi­ ary Road 1724; thence, following Sec­ notice and other public procedure with tion area. Action is taken herein to re­ ondary Road 1724 in a southwesterly respect to the amendments are imprac­ flect this change. direction to Secondary Road 1727; Since changes in most, if not all, ex­ thence, following Secondary Road 1727 ticable and contrary to the public inter­ isting airspace designations are required in a southeasterly direction to Secondary est and good cause is found for making in order to achieve the increased safety Road 1732; thence, following Secondary them effective less than 30 days after and efficient use of the airspace that Road 1732 in a southwesterly direction publication in the F ederal R egister. TERPS is designed to accomplish and to Stony ton Creek; thence, following Done at Washington, D.C., this 23d since these changes are minor in nature, Stonyton Creek in a northwesterly direc­ day of January 1970. notice and public procedure hereon have tion to State Highway 91; thence, fol­ been determined to be both unnecessary lowing State Highway 91 in a north­ R. J. A nderson, and impracticable. westerly direction to Rainbow Creek; Acting Administrator, In consideration of the foregoing, Part thence, following Rainbow Creek in a Agricultural Research Service. 71 of the Federal Aviation Regulations is northeasterly direction to Secondary [F.R. Doc. 70-1065; Filed, Jan. 27, 1970; amended effective 0901 G.m.t., March 5, Road 1438; thence, following Secondary 8:48 a.m.] 1970, as hereinafter set forth:

FEDERAL REGISTER, VOL 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 RULES AND REGULATIONS 1103 In § 71.181 (35 F.R. 2134), the follow­ that would realign VOR Federal airway [Airspace Docket No. 69-SO-141] ing transition area is amended to read: No. 479 from Northbrook, HI., direct to Milwaukee, Wis. PART 71— DESIGNATION OF FEDERAL Bedford, I nd. AIRWAYS, CONTROLLED AIRSPACE, That airspace extending upward from 700 Interested persons were afforded an feet above the surface within a 6% -mile opportunity to participate in the pro­ AND REPORTING POINTS radius of Grissom Municipal Airport (lati­ posed rule making through the submis­ Alteration cf Transition Area tude 38°50'25" N., longitude 86°26'45'' W.). sion of comments. All comments received (Sec. 307(a) Federal Aviation Act of 1958; 49 were favorable. On December 11,1969, a notice of pro­ U.S.C. 1348, sec. 6(c) Department of Trans­ In consideration of the foregoing, Part posed rule making was published in the portation Act; 49 U.S.C. 1655(c)) 71 of the Federal Aviation Regulations F ederal R egister (34 F.R. 19551), stat­ is amended, effective 0901 G.m.t., April 2, ing that the Federal Aviation Adminis­ Issued in Kansas City, Mo., on Decem­ 1970, as hereinafter set forth. tration was considering an amendment ber 12, 1969. In § 71.123 (35 F.R. 2009) V-479 is to Part 71 of the Federal Aviation Regu­ D aniel E. B arrow, amended to read: lations that would alter the Vicksburg, Acting Director, Central Region. V-479 From Northbrook, HI., to Milwau­ Miss., transition area. [F.R. Doc. 70-1017; Filed, Jan. 27, 1970; kee, Wis. Interested persons were afforded an 8:45 a.m.] (Sec. 307(a) of the Federal Aviation Act of opportunity to participate in the rule 1958; 49 U.S.C. 1348, and sec. 6(c) of the making through the submission of com­ [Airspace Docket No. 69-CE-117J Department of Transportation Act, 49 U.S.C. ments. All comments received were 1655(c)) favorable. PART 71— DESIGNATION OF FEDERAL Issued in Washington, D.C., on Jan­ In consideration of the foregoing, Part AIRWAYS, CONTROLLED AIRSPACE, uary 20, 1970. 71 of the Federal Aviation Regulations AND REPORTING POINTS H. B. H elstrom, is amended, effective 0901 Gm.t., April 2, Chief, Airspace and Air 1970, as hereinafter set forth. Alteration of Control Zone; Correction Traffic Rules Division. In § 71.181 (35 F.R. 2134), the Vicks­ On December 2, 1969, a final rule was [F.R. Doc. 70-1019; Filed, Jan. 27, 1970; burg, Miss, transition area is amended published in the F ederal R egister (34 8:45 a.m.] to read: F.R. 19073), F.R. Doc. 69-14204, which Vicksburg, Miss. altered the Wichita, Kans. (McConnell That airspace extending upward from 700 AFB) control zone. However, the fifth [Airspace Docket No. 69-SO-104] feet above the surface within a 10-mile paragraph of the rule incorrectly reads radius of the Vicksburg Municipal Airport “In Section 71.181 (34 F.R. 4637), the PART 71— DESIGNATION OF FEDERAL (lat. 32°14'20'' N., long. 90°55'40'' W.). following transition area is amended to AIRWAYS, CONTROLLED AIRSPACE, (Sec. 307(a) of the Federal Aviation Act of read:”. It should have read “In Section AND REPORTING POINTS 1958; 49 U.S.C. 1348(a), and of Fee. 6(c) of 71.171 (34 F.R. 4557), the following con­ the Department of Transportation Act; 49 trol zone is amended to read:”. Action Alteration of Federal Airway U.S.C. 1655(c)) Segments is taken herein to make this correction. Issued in East Point, Ga., on Janu­ Since this amendment is editorial in On November 1, 1969, a notice of pro­ ary 16, 1970. nature it imposes no additional burden posed rule making was published in the James G. R ogers, on any person, notice and public pro­ F ederal R egister (34 F.R. 17733) stating Director, Southern Region. cedure hereon are unnecessary. that the Federal Aviation Administra­ In consideration of the foregoing, the [F-R. Doc. 70-1021; Filed, Jan. 27, 1970; tion was considering amendments to 8:45 a.m.] alteration of the Wichita, Kans. control Part 71 of the Federal Aviation Regula­ zone as set forth in F.R. Doc. 69-14204 is tions that would realign segments of corrected effective immediately as fol- VOR Federal airway Nos. 45 and 310. ,oTs: Parasraph 5 reading “In § 71.181 Interested persons were afforded an (34 F.R. 4637), the following transition opportunity to participate in the pro­ Title 16— COMMERCIAL area is amended to read:” is deleted and posed rule making through the submis­ ?o?ew Para&raPh 5 reading “In § 71.171 sion of comments. All comments received PRACTICES (34 F.R. 4557), the following control zone were favorable. is amended to read:” is substituted Chapter I— Federal Trade Commission therefor. In consideration of the foregoing, Part 71 of the Federal Aviation Regulations [Docket No. 8741] iolo’ of 016 Federal Aviation Act of is amended, effective 0901 G.m.t., April 2, PART 13— PROHIBITED TRADE f f j * "AO. 1348; and sec. 6(c) of the 1970, as hereinafter set forth. of Transportation Act, 49 U.S.C. PRACTICES 1655(c) ) Section 71.123 (35 F.R. 2009) is amended as follows : Directional Contract Furniture Corp. . ^ in Kansas City, Mo., on Decem­ ber 23, 1969. 1. In V-45 “Greensboro, N.C.;” is de­ Subpart—Discriminating in price un­ leted and “INT Raleigh-Durham 275° der section 2, Clayton Act—Price Dis­ Edward C. Marsh, and Greensboro, N.C., 105° radials; crimination under 2(a): § 13.730 Cus­ Director, Central Region. Greensboro;” is substituted therefor. tomer classification. [Fit. Doc. 70-1018; Filed, Jan. 27, 1970; 2. In V-310 “Raleigh-Durham, N.C.;” (Sec. 6, 38 Stat. 721; 15 U SC . 46. Inter­ 8:45 a.m.] is deleted and “INT Greensboro 105° and prets or applies sec. 2, 49 Stat. 1526; 15 U.S.C. Raleigh-Durham, N.C., 275° radials; 13) [Order of compliance, Directional Con­ [Airspace Docket No. 69-CE-96] Raleigh-Durham;” is substituted tract Furniture Corp., New York, N.Y., therefor. Docket 8741, Dec. 8, 1969] PA?.T 71— DESIGNATION OF FEDER/ (Sec. 307(a) of the Federal Aviation Act of Order setting date of compliance with AIRWAY^ CONTROLLED AIRSPACI 1958; 49 U.S.C. 1348, and sec. 6(c) of the Department of Transportation Act; 49 U S C cease and desist order of February 23, AND REPORTING POINTS 1655(c)) 1968, 33 F.R. 4405. The order of compliance is as follows: Alteration of Federal Airway Issued in Washington, D.C., on Janu­ On o^ober n> 1969> a notice of ppc ary 20, 1970. By order dated February 23, 1968, the Commission ruled that its cease and de­ making was published in tt H. B. H elstrom, sist order herein shall become final with­ th a f ? £ 5 ^ ISTER 15759) statin Chief, Airspace and Air was ^?de.ral Aviation Administrate Traffic Rules Division. in the meaning of the Clayton Act, as 7i nf £ fld£nng an amendment to Pa: amended, upon the disposition of the the Federal Aviation Regulatior [F.R. Doc. 70-1020; Filed, Jan. 27, 1970; proceedings in Docket No. 8549, In the 8:45 a.m.] Matter of Knoll Associates, Inc. On July

No. 19- FEDERAL REGISTER, VO L 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1104 RULES AND REGULATIONS 25, 1969, the Commission withdrew that complied with the order to cease and de­ Excerpts from Federal Power Com­ sist issued on March 20, 1968. mission Opinion No. 568-A, Pipeline matter from adjudication and authorized Production Area Rate Proceeding (Phase complaint counsel to enter into an agree­ Issued: December 8,1969. ment containing a consent order to cease I), FPC Docket No. RP66-24, 42 FPC By direction of the Commission. ______issued December 5, 1969: and desist with Art Metal-Knoll Corp., The Commission further finds: the successor to Knoll Associates, Inc. [seal] J oseph W. S hea, (1) The assignments of error and That consent order appears in Docket Secretary. grounds for rehearing set forth in the No. C-1643, which we issue today. [F.R. Doc. 70-1026; Filed, Jan. 27, 1970; above applications for rehearing present Since by the terms of aforesaid cease 8:45 a.m.] no facts or legal principles which would and desist order Art Metal-Knoll has warrant any change in or modification until January 1, 1970, to be in compli­ of Opinion No. 568 and order of Octo­ ance, and in the interest of treating all ber 7, 1969, except as specified below. competitors fairly and equitably. (2) The notice and effective date pro­ It is ordered, That respondent herein Title 46— SHIPPING Chapter I— Coast Guard, Department visions of section 4 of the Administrative shall, within sixty (60) days after Janu­ Procedure Act, 5 U.S.C. 553, do not apply ary 1, 1970, file with the Commission a of Transportation with respect to the amendment here report in writing setting forth in detail SUBCHAPTER G— DOCUMENTATION AND adopted. the manner and form in which they have MEASUREMENT OF VESSELS The Commission, acting pursuant to complied with the order to cease and [CGFR 69-138] the authority of the Natural Gas Act, as desist issued on February 23, 1968. amended, particularly sections 4, 5, 8, Issued: December 8, 1969. TRANSFER OF REGULATIONS and 16 thereof (52 Stat. 822, 823, 825, Correction 830; 76 Stat. 72; 15 U.S.C. 717c, 717d, By direction of the Commission. 717g, 717o), orders: [seal] Joseph W. Shea, In F.R. Doc. 69-15196, appearing at (a) The application for rehearing filed Secretary. page 20102 in the issue of Tuesday, De­ by the Municipal Group, California and cember 23, 1969, the following correc­ [F.R. Doc. 70-1025; Filed, Jan. 27, 1970; El Paso are denied. 8:45 a.m.] tions should be made: (b) Effective upon issuance of this 1. In the last line of § 66.03-17, the statement, § 2.66(a), promulgated by our reference to “§ 57.23-13” should read order of October 7, 1969, Part 2, Sub­ [Docket No. 8740] “§ 67.23-13”. chapter A, General Rules, Chapter 1 of 2. The first word in the seventh line Title 18 of the Code of Federal Regula­ PART 13— PROHIBITED TRADE tions is amended as follows: PRACTICES of § 67.41-7 now reading “aboard” should read “abroad”. § 2.66 Pricing of new gas produced by Jens Risom Design, Inc., et al. 3. In § 67.45-3, in the sixth line, insert pipelines and pipeline affiliates. “1346” after the number “1344”. Subpart—Discriminating in price un­ (fit) ♦ ♦ ’i' der section 2, Clayton Act—Price dis­ 4. The first word on the third line in (1) If a pipeline or pipeline affiliate crimination under 2(a): § 13.730 Cus­ paragraph (i) of § 69.03-57 reading acquires a developed lease from which tomer classification. “covered” should read “covering”. jurisdictional sales are being made and subparagraph (3) of this paragraph (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets 5. In § 69.15-17 (c), the reference to or applies sec. 2, 49 Stat. 1526; 15 U.S.C. 13) “loading mark” in the sixth line should does not apply, the applicable price of [Order of compliance, Jens Risom Design. read “load line mark”. gas shall be the lower of (i) the contract Inc., et al., New York, N.Y., Docket 8740, price applicable to the gas, or (ii) the Dec. 8, 1969] applicable area price (or in-line or guide­ line price); In the Matter of Jens Risom Design, Title 18— CONSERVATION OF (2) If a pipeline or pipeline affiliate Inc., a Corporation, and Jens Risom acquires a developed lease from which Risom Design (California) Inc., a POWER AND WATER RESOURCES non jurisdictional sales are being made Corporation and subparagraph (3) of this paragraph Order setting date of compliance with Chapter I— Federal Power does not apply, gas produced from the cease and desist order of January 30, Commission lease will be priced at the just and rea­ 1968, 33 F.R. 3335. sonable area price applicable to gas of The order of compliance is as follows: SUBCHAPTER A— GENERAL RULES the vintage corresponding to the date By order dated March 20, 1968, the [Docket No. RP66-24] of lease acquisition (or in-line or guide­ Commission ruled that its cease and de­ PART 2— GENERAL POLICY AND line price); . sist order herein shall become final within (3) If a pipeline or pipeline affiliate the meaning of the Clayton Act, as INTERPRETATIONS acquires a developed or undeveloped amended, upon the disposition of the Pricing for New Gas Produced by lease, either directly or through inter­ proceedings in Docket No. 8549, In the mediaries, from another pipeline or affil­ Matter of Knoll Associates, Inc. On Pipelines and Pipeline Affiliates iate which owned the lease prior to the July 25, 1969, the Commission withdrew On October 7, 1969, the Commission date of Opinion No. 568, the lease so ac­ that matter from adjudication and au­ issued Opinion No. 568 which, among quired after the date of Opinion No. 568 thorized complaint counsel to enter into other things, set up a new § 2.66 in the shall be subject to cost-of-service treat­ an agreement containing a consent order rules of practice and procedure, relating ment for ratemaking purposes, subject to cease and desist with Art Metal-Knoll to the pricing of new gas produced by to further determinations in Phase u Corp., the successor to Knoll Associates, pipelines and pipeline affiliates. of these proceedings. Inc. That consent order appears in Applications for rehearing were filed (4) If the pipeline is able to show m Docket No. C-1643, which we issue today. on November 6,1969, and on December 5, a rate proceeding that special circum­ Since by the terms of aforesaid cease 1969, the Commission issued Opinion stances exist which justify different and desist order Art Metal-Knoll has No. 568-A denying rehearing. In the treatment, such a showing should d until January 1,1970, to be in compliance, Opinion, the Commission also directed made by means of a special schedule ana the Secretary to cause prompt publica­ supporting evidence filed in addition and in the interest of treating all com­ the material otherwise required ny petitors fairly and equitably, tion to be made in the F ederal R egister It is ordered, That respondents herein of a notice of availability of the entire § 154.63 of this chapter. shall, within sixty (60) days after Janu­ Opinion and of the findings and order­ ary 1, 1970, file with the Commission a ing paragraphs. Pursuant thereto, the (Secs. 4 , 5, 8, and 16; 52 Stat. 822 823, 825, report in writing setting forth in detail findings and ordering paragraphs are set 830; 76 Stat. 72; 15 U.S.C. 717c, 717d, 717g, the manner and form in which they have out below. 717o)

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 RULES AND REGULATIONS 1105 (c) The Secretary shall cause prompt farmer or on a farm as an incident to other than activities included in dairy publication of the findings and ordering or in conjunction with such farming op­ farms, drivers and arts and crafts work­ paragraphs, together with notice of the erations, including the preparation for ers classification and dairy farms, tractor availability of this entire Opinion, to market, delivery to storage or to market operators classification. be made in the F ederal R egister. or to the carriers for transportation to (d) Cattle classification. (1) The mini­ (d) The Examiner’s opinion to the ex­ market: Provided, however, That the mum wage for this classification is $0.72 tent not inconsistent herewith is adopted general agriculture industry shall not an hour. as a part of our Opinions No. 568 and include any activities included in the (2) This classification is defined as the 568-A in this proceeding. sugarcane industry in Puerto Rico as breeding and raising of cattle for meat. Copies of the complete text of Opinion defined in Administrative Order 610 (34 No. 568-A may be obtained in person (e) Pineapple farms, drivers, tractor F.R. 17732), the food'and related prod­ operators or operators of any other agri­ from the Office of Public Information of ucts industry in Puerto Rico (29 CFR the Federal Power Commission, or by cultural motor machinery, arts and crafts Part 673), the sugar manufacturing in­ ivorkers, and any other similar occupa­ written request addressed to the Secre­ dustry in Puerto Rico (29 CFR Part tary, Federal Power Commission, 441 G tion classification. (1) The m inim um 689), the tobacco industry in Puerto Rico wage for this classification is $0.95 an Street NW., Washington, D.C. 20426. (29 CFR Part 657), and the communi­ hour. Gordon M. G rant, cations, utilities, and transportation in­ (2) This classification is defined as all Secretary. dustry in Puerto Rico (29 CFR Part activities on farms engaged in the sowing, [FJR. Doc. 70-1061; Filed, Jan. 27, 1970; 671): And provided further, That the in­ cultivation, harvesting, packing, sale, and 8:49 a.m.] dustry shall not include any activity to delivery of pineapple to a warehouse or which the Fair Labor Standards Act of market, performed by drivers of motor 1938 would have applied prior to the Fair vehicles; tractor operators who condition Labor Standards Amendments of 1966. and operate tractors; arts and crafts Title 29— LABOR 2. Section 727.2 of Title 29, Code ofworkers who practice, carry out or ac­ Federal Regulations, is revised to read complish any art or craft which requires Chapter V— Wage and Hour Division, as follows: mechanical or manual skill, including, Department of Labor § 727.2 Wage rales. but without limitation, cabinetmakers, PART 727— AGRICULTURE INDUSTRY Wages at rates not less than those pre­ electricians, painters, mechanics, masons, IN PUERTO RICO scribed in this section shall be paid under carpenters, or plumbers; and any other section 6(c) of the Fair Labor Stand­ similar occupation. Wage Rates ards Act of 1938 by every employer to (f) Pineapple farms, other workers Pursuant to sections 5 and 8 of the Fair each of his employees who in any work­ classification. (1) The minimum wage Labor Standards Act of 1938 (52 Stat. week is engaged in an activity in any for this classification is $0.68 an hour. 1062, as amended; 29 U.S.C. 205,208) and of the following classifications of the (2) This classification is defined as all Reorganization Plan No. 6 of 1950 (3 agriculture industry in Puerto Rico, other activities on pineapple farms in CFR 1949-1953 comp., p. 1004), and by which was brought within the purview Puerto Rico other than activities included means of Administrative Order No. 610 of section 6 of the Act by the Fair Labor in pineapple farms, driver, tractor op­ (34 F.R. 17732), the Secretary of Labor Standards Amendments of 1966. erator, or operator of any other agri­ appointed and convened Industry Com­ (a) Dairy farms, drivers, and arts and cultural motor machinery, arts and mittee No. 89-A for the general agricul­ crafts workers classification. (1) The crafts workers, and any other similar ture industry in Puerto Rico, referred to minimum wage for this classification is occupation classification. the committee the question of the mini- $1.10 an hour. (g) Tomatoes, peppers, aviculture and mum wage rate or rates to be paid under (2) This classification is defined as allfloriculture classification. (1) The min­ section 6 of the Act to employees in its activities in the production, handling, imum wage for this classification is $0.66 industry, and gave notice of a hearing packing, bottling, and storage of milk, an hour. to be held by the committee. and in the breeding of bovine cattle for (2) This classification is defined as Subsequent to an investigation and a the production o f. milk performed by the planting, cultivating, harvesting and hearing conducted pursuant to the no­ drivers of motor vehicles other than marketing of tomatoes and peppers; the tice, the committee has filed with the tractors; and by arts and crafts workers care of poultry for the production of Administrator of the Wage and Hour who practice, carry out or accomplish meat or eggs, and for the production and and Public Contracts Divisions of the any art or craft which requires mechani­ rearing of baby chicks, game cocks, or Department of Labor a report contain­ cal or manual skill, including, but with­ any other birds; and the sowing, culti­ ing its findings of fact and recommen­ out limitation, cabinetmakers, electri­ vation and production of flowers and dations with respect to the matters re­ cians, painters, mechanics, masons, plants, trees, and grass used for orna­ ferred to it. carpenters, or plumbers. mental purposes. Accordingly, as authorized and re­ (b) Dairy farms, tractor operators (h) Tobacco, coffee, and other agri­ quired by section 8 of the Fair Labor classification. (1) The minimum wage cultural activities classification. (1) The Standards Act of 1938, Reorganization for this classification is $1.05 an hour. minimum wage for this classification is Flan No. 6 of 1950, and 29 CFR 511.18, the (2) This classification is defined as all $0.58 an hour. recommendations of Industry Commit­ activities in the production, handling, (2) This classification is defined as tee No. 89-A are hereby published in this packing, bottling, and storage of milk, the planting, replanting, and cultivating order amending 29 CFR Part 727, effec­ and in the breeding of bovine cattle for of coffee trees (including the prepara­ tive February 13,1970, as set forth below. the production of milk, by tractor opera­ tion of the soil), the harvesting of coffee, 1. Section 727.1 of Title 29, Code of tors who condition and operate tractors the removal of the pulp from the coffee ederal Regulations, is revised to read to haul heavy agricultural machinery bean, the washing, drying, hulling, and as follows: such as plows, cultivators, rakes, etc., and packing of the bean, and the condition­ §727.1 Definition. may operate a small tractor (wheeled ing of shade trees cultivated in connec­ tractor) commonly known in Puerto Rico tion therewith; the preparation of the ®?neral Agriculture Industry in as mosquito to haul light agricultural soil, the planting, transplanting, culti­ Fuerto Rico is defined as follows; Farm- machinery used in the dairy farms or to vating, harvesting, sowing, drying, pack­ ht ln branches, including the cul- pull dump wagons, mow grass, sink holes, ing, preparation, and delivery of tobacco; tivation and tillage of the soil, dairying, etc. and all other work in the general agri­ harrür^?Uctlon’ cultivation, growing, and (c) Dairy farms, other workers classi­ culture industry in Puerto Rico other ?niTfStiing of any agricultural or horti- fication. (1) The minimum wage for this than work included in any other classi­ commodities, the raising of live- classification is $0.76 an hour. fication of this industry. « bf es’ fur bearing animals, or poul- (2) This classification is defined as all (Secs. 5, 6, 8, 52 Stat. 1062, 1064 as amended; y‘ and any practices performed by a activities on dairy farms in Puerto Rico 29 U.S.C. 205, 206, 208)

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1106 RULES AND REGULATIONS signment if adopted. As was observed in eration. It is shown that the channel Signed at Washington, D.C., this 22d will meet all separation requirements at day of January 1970. the further notice, Lakes Region in an­ other pending petition, RM-1464, among Concord, providing a site were utilized R obert D. Moran, other proposals, had urged assignment just northwest of the city. As a matter Administrator, Wage and Hour of Channel 232A to Concord, which is of fact, Capitol submits that its proposed and Public Contracts Divi­ now listed for Biddeford, Maine.2 We site for serving Concord would satisfy all sions, United States Depart­ there stated that we were not entertain­ spacing requirements on Channel 272A. ment of Labor. ing Lakes Region’s proposal in this pro­ A substitute channel for Newport is not [F.R. Doc. 70-1074; Filed, Jan. 27, 1970; ceeding because the proposed substitu­ suggested by Capitol. However, it ap­ 8:48 a.m.] tion of Channel 257A at Biddeford would pears that Channel 285A could be as­ involve an undesirable site restriction. signed at Newport without conflict with This conclusion is questioned by Lakes any of the technical requirements of Region, since the factors considered in the rules.3 Such a plan would permit a Title 47— TELECOMMUNICATION arriving at this decision were not stated. new assignment to Concord without the It contends that its proposal would bet­ loss of an existing assignment or undue Chapter I— Federal Communications ter serve the public interest, since it restriction on the selection of transmit­ Commission would not involve deletion of an assign­ ter sites for any other community. [Docket No. 18125; FCC 70-85] ment without a replacement, compared 6. As we stated in the further notice, to our plan to remove a vacant assign­ we are of the opinion that Concord, an PART 73— RADIO BROADCAST ment from Portsmouth without a re­ important city of significant population SERVICES placement. Our decision was reached (28,991 in 1960), serving as its State cap­ because, according to the proponent’s ital and being presently limited to a FM Broadcast Stations; Table of own engineering exhibits, a site meeting single AM aural outlet, warrants a first Assignments, Concord, N.H. all spacing requirements for Channel FM assignment. After carefully consid­ In the matter of amendment of § 73.202 257A at Biddeford would need to be lo­ ering each of the plans before us for Table of Assignments, FM Broadcast cated in a limited “open area” extend­ achieving this objective, we conclude that Stations. (Camden, S.C.; Brinkley, Ark.; ing from about 2 to 5 miles southwest of shifting the vacant channel (272A) from Concord, N.H.; Pontiac, 111.; DuQuoin, the city. In the interest of providing the Newport to Concord and substituting an­ 111.; Glasgow, Ky.; Norman and Duncan, maximum latitude in the selection of other channel (285A) therefor at New­ Okla.; Glendive, Mont.; Brandon and optimum transmitter sites by future ap­ port will result in the minimum disrup­ Sarasota, Fla.; Columbia, S.C.; Lynch­ plicants, we avoid, whenever possible, tion to the existing FM assignment burg, Va.; Upper Sandusky and Galion, making changes in assignments with at­ structure in the area. Although the as­ Ohio; and Altavista, Va.) RM-1254, tending site restrictions when other al­ signment at Concord would require a RM-1258, RM-1257, RM-1262, RM-1261, ternatives without such restrictions site about 1 mile northwest of the center RM-1249, RM-1263, RM-1264, RM-1266, appear technically feasible. This is par­ of Concord, the petitioner, the only RM-1269, RM-1255, RM-1268, RM-1282. ticularly true when a restriction develops party indicating an interest in applying Third Report and Order. 1. The Com­ in one community solely as a result of for the channel if adopted, states that it mission has before it for consideration providing an assignment to another would be fully compatible with the site its further notice of proposed rule mak­ community. We still see no need to con­ it would propose. There would appear to ing issued on October 3, 1969 (FCC 69- sider this particular proposal further in be no similar restriction on the replace­ 1069, 34 F.R. 15602), and comments filed light of the decision reached herein be­ ment channel selected for Newport. We in response thereto. low, which also will involve a site re­ are therefore adopting the latter plan. 2. The further notice proposed to de­ striction, but to a lesser extent for the 7. Authority for the adoption of the lete an unoccupied channel, 296A, at city benefiting from the assignment and amendments adopted herein is contained Portsmouth, N.H., and reassign it to Con­ with the full concurrence of the principal in sections 4(i), 303, and 307(b) of petitioner herein. the Communications Act of 1934, as cord, capital of New Hampshire, as that 4. As to Capitol’s request for further city’s first FM assignment. Comments consideration of its proposal that Chan­ amended. were filed in response to the further nel 232A be assigned to Concord by sub­ 8. In view of the foregoing, It is notice by Capitol Broadcasting Corp., li­ stituting 221A at Biddeford, we stated ordered, That effective March 2, 1970, censee of Station WKXL(AM), Concord, in the further notice that we were reluc­ § 73.202 of the Commission’s rules, the the petitioner (RM-1261) in the original tant to consider Channel 221A as a re­ FM Table of Assignments, is amended institution of a rule making proceeding placement because of its potential pre­ to read, with respect to the communities looking toward an FM assignment at clusion impact on the top three educa­ listed below, as follows: Concord. Capitol urges that Channel tional channels (218, 219, and 220) in City Channel No. 296A not be assigned to Concord so that the area. We have avoided making Chan­ New Hampshire: it will remain available for assignment to Concord ______272A Exeter, N.H.,1 and requests that we re­ nel 221A assignments unless it can be N ewport______285A consider its earlier proposal to assign shown that such impact would be mini­ Channel 232A to Concord by moving it mal. In response, the petitioner points 9. It is further ordered, That this from Biddeford, Maine, and substitute out that a 10-watt station operates on ■proceeding—Docket No. 18125 is Channel 221A therefor at the latter place. Channel 218 at Lewiston, N.H., a class terminated. As a second alternative, Capitol suggests A station at Orono, Maine, on Channel (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 220, and claims therefore that assign­ 1082, 1083; 47 U.S.C. 154, 303, 307) that Channel 272A be reassigned from ment of Channel 221A at Biddeford Newport, N.H., where it is presently would not further disrupt potential edu­ Adopted: January 21, 1970. unoccupied. cational allocations in the area. How­ Released: January 23, 1970. 3. Comments were also filed by Lakes ever, this conclusion is not supported by Region Broadcasting Corp., Inc., which a technical showing, nor do we feel that F ederal Communications supports the assignment of an FM chan­ it could be so demonstrated if all rele­ Commission, nel to Concord, although claiming that it vant factors were taken into considera­ [seal] B en F. Waple, has no interest in applying for such as- tion. Secretary. 1A petition was filed Nov. 6, 1969, subse­ 5. Petitioner’s suggested alternative [F.R. Doc. 70-1043; Filed, Jan. 27, 1970, quent to the further notice of proposed rule plan to shift Channel 272A from New­ 8:47 a.m.] making in this proceeding, by Coastal Broad­ port appears to warrant serious consid- casting Co., Inc., licensee of Station WKXR 3 By letter dated Dec. 10, 1969, the Canadi­ (AM), Exeter, N.H., requesting assignment of 2 Lakes Region’s Concord proposal is not an Government stated that it had no o j Channel 296A to Exeter by deleting it from technically related to its primary objective tions to these amendments which would Portsmouth, N.H. It is observed that the two oi obtaining an FM channel for Plymouth, modify Table B of the Working Arrange­ petitioning corporations seeking the Concord N.H., nor is the Plymouth proposal contin­ ment under the Canadian-U.S.A. FM g gent on any of the other plans considered and Exeter FM assignments have a common ment of 1947. president. herein for Concord.

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 RULES AND REGULATIONS 1107 [FCC 70-76] ¡Docket No. 18508; FCC 70-78] 144.250 MHz. The evidence submitted by PART 87— AVIATION SERVICES PART 97— AMATEUR RADIO SERVICE Central is insufficient to persuade us that a larger subband is needed and should be Assignment of Frequencies, Alaska Authorized Frequencies and Emissions authorized at this time. In the matter of amendment of Part Report and Order. 1. A notice of pro­ 6. Mr. Nelsch suggested that F-4 emis­ 87, Aviation Services, to delete an un­ posed rule making in the above-cap­ sion be included in the 144.1-148.0 MHz necessary license application require­ tioned proceeding was released on amateur band because of the availability ment for aeronautical fixed stations in April 3, 1969 (FCC 69-313),_ inviting in­ Alaska. terested persons to file comments on of facsimile equipment of commercial Order. 1. Section 87.451 of the rules, or before June 11, 1969, and reply com­ quality. This request is beyond the scope pertaining to eligibility for aeronautical ments on or before June 23,1969, and was of this proceeding. However, the matter fixed station licenses, provides that an duly published in the F ederal R egister is the subject of a separate petition for authorization for this class of station on April 10, 1969 (34 F.R. 6334). rule making (RM-1429) filed by James will be jssued only to the licensee of an 2. The rule changes proposed in the en route station with which the fixed L. Turrin, WA8DCE and will be con­ notice were requested by the American sidered in the disposition of that station will be associated. These en route Radio Relay League (ARRL) and would and fixed stations provide certain speci­ (1) shift the subband where A-l emis­ petition. fied services to aircraft station licensees sion is exclusively permitted from the 7. As previously stated, all comments and, in Alaska, to air carriers who have 147.9-148 MHz band to the 144.0-144.1 with the exception of Mr. McCall’s, sup­ entered into a contractual arrangement MHz band (RM—886) and (2) shift the ported the shift of F -l emission from governing the operation of the en route/ subband where F -l emission is per­ fixed station. the frequency band 29.0-29.7 MHz to mitted from the 29.0-29.7 MHz band to 28.0-28.5 MHz. Mr. McCall disagreed with 2. Section 87.455(b) of the rules re­ the 28.0-28.5 MHz band (RM-950). quires that a copy of the contractual this proposal (RM-950) to relocate F -l 3. Timely comments in support of both arrangements made with each of the air petitions were filed by the ARRL, the emission in the 28.0-28 MHz frequency carriers to be served must be submitted band because it would result in a loss of with a station license application. A Electronic Industries Association (ELA), similar requirement was formerly con­ Central States VHF Society (Central), 200 kHz for this type of transmission. tained in § 87.297(b) of the rules per­ and Forrest A. Bartlett (W60WP). A Although the proposed relocation will re­ taining to the.en route stations, but was comment filed by Donald R. Relsch sult in a reduction of 200 kHz of band­ eliminated in Docket 17967 after we (K8EIW) supported adoption of the width available for F -l emission, the found it no longer served a useful pur­ proposal in RM-886, but requested F-4 emission to be included in the 144.1 to Commission believes this loss is not ex­ pose and was therefore unnecessary. For tensive and is outweighed by the advan­ like reasons we find the requirement in 148.0 MHz frequency band. A comment § 87-455 (b) pertaining to the aeronau­ filed by Howard McCall (W8TNF) op­ tage of moving radioteleprinter emission tical fixed stations should be deleted. posed adoption of the proposal in RM- (F-l) into the CW portion of the 28 MHz 3. The amendments adopted herein are 950. No reply comments were filed. band. The Commission believes that it procedural in nature and relieve a re­ 4. In its comments ARRL points out will not significantly affect the operation striction, and, hence, the prior notice, that the 144.0-146.0 MHz band is as­ of its users. It also conforms the sub­ procedure, and effective date provisions bands as to types of emissions with the of 5 U.S.C. 553 are not applicable. signed to the Amateur Radio Service on 4. Accordingly, it is ordered, That pur­ a worldwide basis, and that the 146.0- pattern which has proved workable in the suant to authority contained in section 148.0 is authorized to the Amateur Radio low frequency bands. 4(i) of the Communications Act of 1934, Service in Regions two (Western Hemi­ 8. For the foregoing reasons, the Com­ as amended, Part 87 of the Commission’s sphere) and three (Southern Asia and mission concludes that adoption of the rules is amended effective January 30, Oceania) and to the fixed and mobile amendments in the form proposed will 1970, as set forth below. serve the public interest convenience and (Sec. 4, 48 Stat., as amended, 1066; 47 U.S.C. services in Region one (Europe, Africa, 154) and Northern Asia); that while the necessity. Thus, it is ordered, Pursuant to the authority contained in sections 4(i) Adopted: January 21,1970. 144.0- 146.0 MHz band is specifically au­ thorized for amateur satellite operation, and 303 of the Communications Act of Released: January 23,1970. the present 147.9-148.0 MHz, reserved 1934, as amended, that effective March 2, F ederal C ommunications for A-l emission, cannot be used in 1970, § 97.61(a) is amended as set forth C o m m is s io n ,1 below. [seal] B e n F . W a ple, Region one. However, the proposed Secretary. 144.0- 144.1 MHz band may be used 9. It is further ordered, That this pro­ ceeding is terminated. Section 87.455(b) (1) is amended to worldwide. Also, Canada has set aside read as follows: 144.0- 144.1 MHz for A-l only operation. (Secs. 4, 303, 48 Stat., as amended, 1066, 1082; 47 U.S.C. 154, 303) § 87.455 Assignment of frequencies. As stated in the notice, the Commission ***** believes that clearing a portion of* the Adopted: January 21, 1970. (b) Alaska. * * * 144-146 MHz band is desirable for con­ Released: January 23, 1970. (1) Except as provided in subpara- tinued experimentation in space tech­ niques by amateurs. F ederal Communications wHnv ^ ^is paragraph frequencies Commission, will be authorized to aeronautical fixed 5. Central’s comment regarding RM- [seal] B en F. Waple, - stations only when such stations serve 886 indicated that, although it supported Secretary. scheduled certificated air carriers as de­ the proposal, the Commission was not nned by the Civil Aeronautics Board, Part 97 of the Commission’s rules is wnen filing applications for such fre- going far enough. It stated that “the amended as follows: quencies, the applicant must show that assignment of the first 100 kHz of the In § 97.61, paragraph (a) is revised to e station will provide communications 144 MHz Amateur band to A-l emission read as follows: the routes served by the is at best a stopgap measure * * *.” §97.61 Authorized frequencies and scneduled operations of such carriers. and that additional protection of ex­ em issions. . * * * * * perimentation may be required in the (a) Following are the frequency bands lp R. Doc. 70-1041; Filed, Jan. 27, 1970; future. Accordingly, it suggested expan­ ______8:47 a.m.] and associated emissions available to sion of the exclusive A-l privileges at the amateur stations, subject to the limita­ resuitmmiSSi0ner Johnson concurring in the low end of the frequency band in the tions stated in paragraph (b) of this sec­ form of a larger A-l subband of 144.0 to tion and § 97.65.

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1108 RULES AND REGULATIONS partment of Labor and the Department Interested persons were afforded an Frequency Emissions Limitar opportunity to participate in this rule band tions of Defense, 45 CFR Part 70. The provision for State option to exempt from the ap­ making. Several comments were re­ See parar plication of the Standards the position ceived on various aspects of the proposed kcls erapk (6) of “the executive head of each State changes. One commenter suggested that, 1800-2000...... A l, A3...... 1,2 3500-4000...... A l...... Agency” shall be construed to apply to with regard to deleting the specification 3500-3800...... F l ...... “the executive head of each State De­ 106A500 designation from sections af­ 3800-3850...... A5, F5...... r~ fected, a cross-reference to § 173.31(a) 3850-3900...... A5, F5...... 3 partment or instrumentality in which 3800-4000...... A3, F3...... 4 the surplus property program is located.” (2) be provided in each of the affected 7000-7300...... A l...... ÿ ^ ♦ 4s sections to show that where specification 700Ó-7200...... F l ...... 106A500X tanks are prescribed, specifica­ 7200-7225---. A5, F5...... (c) The effective date for compliance 7225-7250____ A5, F5...... 3 tion 106A500 tanks are also permitted. 7200-7300...... A3, F3...... with the provisions of paragraph (b) (3) The Board sees no real need for cross 14000-14350... A l...... -...... (i) of this section shall be on the 90th 14000-14200. . . F l ...... references in this instance and believes 14200-14235... A5, F5...... - ...... day following the effective date of this the existence of the grandfather clause 14235-14275 .. . A5, F5...... 3 regulation, except that in those States 14200-14350.-. A3, F3...... -...... in which legislative authorization is re­ in § 173.31 does not require special Mc/s quired to enable such State Agency to mention. 21.00- 21.45... A l...... One commenter objected to identifying 21.00- 21.25... F l ...... *,...... comply with said provisions, the effective 106A and 110A specifications as tanks 21.25- 21.30... A5.F5...... - date for compliance shall be 90 days after 21.30-21.35... A5, F5...... 3 instead of tank cars stating that as a 21.25- 21.45. .. A3, F3...... the close of the State’s next regular ses­ result of decisions of long standing stem­ 28.0- 29.7____ A l...... - ...... ft— sion of its legislature following the effec­ 28.0- 28.5...F l ...... - tive date of this regulation. ming from previous litigation, those spec­ 28.5-29.7...... A3, A5, F3, F5...... ifications were established as tank cars 50.0- 54.0_A l...... ------50.1- 54.0_A2, A3, A4, A5, F l, F2, F3, , Approved: January 21, 1970. and consequently are entitled to all the F5. rate applications and other related pro­ 51.0-54.0...... A0...... R obert H. F in c h , 144-148...... A l...... — Secretary. visions associated with tank car opera­ 144.1- 148.0. — A0, A2, A3, A4, A5, tions. Because of the portable features F0, Fl, F2, F3, F5. [F.R. Doc. 70-1038; Filed, Jan. 27, 1970; of these containers and because they are 220-225...... Á.0, A l, A2, A3, A4, 5,6 8:46 a.m.] A5, F0, F l, F2, F3, used in multimode service, the Board be­ F4, F5. lieves that for the purpose of safety 420-450...... A0, A l, A2, A3, A4, 5,7 A5, F0, Fl, F2, F3, related regulations the description F4, F5. “tank” is more appropriate than the term 1215-1300____A0, A l, A2, A3, A4, 5 A5, F0, F l, F2, F3, Title 49— TRANSPORTATION “tank car.” Use of the term “tanks” for F4, F5. Chapter I— Hazardous Materials Reg­ the purpose of safety regúlations does not 2300-2450____A0, A l, A2, A3, A4, 5,8 affect other relationships such as those A5, F0, Fl, F2, F3, ulations Board, Department of F4, F5, P. of an economic nature. 3300-3500...... A0, A l, A2, A3, A4, 5 Transportation One commenter suggested that because A5, F0, Fl, F2, F3, F4, F5, P. [Docket No. HM-14; Arndts. 173-18, 177-10] of the punctuation in § 173.31(a) (2), re­ 5650-5925... A0, A l, A2, A3, A4, 5,9 moval of specification 106A500 from the A5, F0, Fl, F2, F3, PART 173— SHIPPERS F4, F5, P. commodity sections leaves in doubt the 10000-10500._. A0, A l, A2, A3, A4, 5 PART 177— SHIPMENTS MADE BY authorization for use of tanks built be­ A5, F0, Fl, F2, F3, tween July 1,1927, and the date the spec­ F4, F5. WAY OF COMMON, CONTRACT, 21000-22000... A0, A l, A2, A3, A4, ification became obsolete. Accordingly, A5, F0, F l, F2, F3, OR PRIVATE CARRIERS BY PUBLIC an editorial change has been made to the F4, F5, P. Above 40Ò00-. A0, A l, A2, A3, A4, HIGHWAY paragraph to clarify the grandfather A5, F0, Fl, F2, F3, provisions. F4, F5, P. Hazardous Materials in Specification One commenter objected to the infer­ 106a and 110a Tanks by Rail * * * * * ence that specifications 106A500X and [F.R. Doc. 70-1042; Filed, Jan. 27, 1970; Freight and Highway 110A500W tanks cannot be transported 8:47 a.m.] The purpose of this amendment to the by water by virtue of the proposals au­ Hazardous Materials Regulations of the thorizing transportation only by rail Department of Transportation is to (1) freight and highway. These amendments authorize highway transportation of do not alter present requirements insofar Title 45— PUBLIC WELFARE antimony pentachloride and titanium as the modes of transport are involved. tetrachloride in specification 106A and Shipments of hazardous materials in Subtitle A— Department of Health, 110A tanks; (2) authorize the trans­ these type tanks by water are authorized Education, and Welfare, General portation of anhydrous hydrofluoric acid subject to 46 CFR Parts 146-149. Administration in specification 110A tanks l^X-3) amend One commenter mentioned that there § 173.353(a) (6) to separate the prescrip­ are other sections in the regulations that PART 14— MINIMUM STANDARDS OF tion of multiple unit tanks from single specify 106A500 specifications but were OPERATION FOR STATE AGENCIES unit tank cars; and (4) make various not indicated in Notice No. 69-17 and FOR SURPLUS PROPERTY alterations in Parts 173 and 177 to suggests the specification be deleted from achieve editorial consistency in require­ those sections. The Board is aware that Plan of Operation ments relating to specifications 106A and there are certain sections that authorize Part 14 of Title 45 CFR is amended as 110A tanks as proposed in Notice No. the use of specification 106A500 tank follows: 69-17. cars, and, as worded, transportation is 1, Section 14.5 is amended by adding On July 16, 1969, the Hazardous Ma­ limited to rail freight only. For the pur­ paragraphs (b) (3) (i) and,(c). terials Regulations Board published a pose of this rule making, the Board cen­ notice of proposed rule making (34 F.R. tered its attention on sections where § 14.5 Plan of operation. 11977) (Docket No. HM-14; Notice No. transportation is authorized by both rail ***** 69-17) which proposed to amend vari­ freight and highway. Further amend­ (b) * * * ous sections of the Hazardous Materials ments along the line suggested may be (3) (i) A provision that the State Regulations applicable to specifications considered in a future rule making ac­ agency will comply with the methods of 106A and 110A tanks regarding their use, tion at such time transportation by administration set forth in the Standards description, grandfather clauses, and manner of specifying handling require­ highway is requested. for a Merit System of Personnel Admin­ In consideration o f the foregoing. istration, issued by the Department of ments for the transportation of the tanks Health, Education, and Welfare, the De- by rail and highway. Parts 173 and 177 o f Title 49 Code of

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 RULES AND REGULATIONS 1109

Federal Regulations are amended, ef­ (c) * * * § 173.353 Methyl bromide, liquid (bro- fective March 3, 1970, as follows: Note 7: Specification 106A or 110A tanks mom ethane), mixtures of methyl I. Part 173 is amended as follows: authorized only for transportation by rail bromide and ethylene dibromide, (A) In the Table of Contents § 173.336 freight and by highway. (See §S 174.560 and liquid, mixtures of methyl bromide is amended to read as follows: 177.834(m) of this chapter for special and chlorpicrin, liquid, or methyl requirements.) Sec. bromide and nonflammable, nonliq- 173.336 Nitrogen dioxide, liquid; nitrogen ***** uefied compressed gas mixtures, peroxide, liquid; and nitrogen (G) In § 173.333 subpargaraph (a) liq uid. tetroxide, liquid. (2) is amended; note 1 and footnote 1 (a) * * * § 173.31 [A m ended] are canceled as follows: (5) Specification 105A100,1105A100W, § 173.333 Phosgene or diphosgene. or 111A100-W-4 (§§ 179.100, 179.101, (B) In § 173.31 subparagraph (a) (2) 179.200, 179.201) tank cars. Outage must is amended by deleting the comma im­ (a) * * * be sufficient to prevent tank cars from mediately following 1927 in the first (2) Specification 106A500X (§§ 179.- becoming liquid full at 105' F. sentence. 300, 179.301) tanks. Authorized only for (6) Specification 106A500X (§§ 179.- (C) In § 173.148 subparagraph (a) (4) phosgene. Each tank must be equipped 300, 179.301) tanks. Outage must be suf­ is amended; note 1 and footnote 1 are with gas-tight valve protection caps ficient to prevent tanks from becoming canceled as follows: which must be approved by the Bureau liquid full at 130° F. Authorized only for § 173.148 Monoetliylamine. of Explosives. Tanks must not be transportation by rail freight and by equipped with safety devices of any type. highway. (See §§ 174.560 and 177.834 (m) (a) * * * Outage must be sufficient to prevent of this chapter for special requirements.) (4) Specification 106A500X or 110A-tanks from becoming liquid full at 130° F. 500W (§§ 179.300, 179.301) tanks. Au­ (b) [Canceled] Authorized only for transportation by rail ***** thorized only for transportation by rail freight and by highway. (See §§ 174.560 freight and by highway. (See §§ 174.560 and 177.834(m) of this chapter for (K) In § 173.357 subparagraph (b) (4) and 177.834(m) of this chapter for spe­ special requirements.) is amended; footnote 1 is canceled as cial requirements.) follows: ***** ***** (H) In § 173.336 the heading and sub- § 173.357 Chlorpicrin and chlorpicrin (D) In § 173.247 subparagraph (a) paragraph (a) (3) are amended; note 1 mixtures containing no compressed (16) is amended as follows: and footnote 1 are canceled as follows: gas or poisonous liquid, class A. § 173.247 Acetyl chloride, antimony, (b) * * * § 173.336 Nitrogen dioxide, liquid; ni­ (4) Specification 106A500X (§§ 179.- pentachloride, benzoyl chloride, trogen peroxide, liquid; and nitrogen chromyl chloride, pyro sulfuryl chlo­ tetroxide, liquid. 300, 179.301) tanks. Valves must be pro­ ride, silicon chloride, sulfur chloride tected by metal caps. Tanks must not be (mono and di), sulfuryl chloride, (a) * * * equipped with safety devices of any type. thionyl chloride, tin tetrachloride (3) Specification 106A500X (§§ 179 - Outage must be sufficient to prevent (anhydrous), and titanium tetrachlo­ 300, 179.301) tanks. Each tank must be tanks from becoming liquid full at ride. equipped with gas-tight valve protection 130° F. Authorized only for transporta­ (a) * * * caps which must be approved by the Bu­ tion by rail freight and by highway. (See (16) Specification 106A500X or 110A- reau of Explosives. Tanks must not be §§ 174.560 and 177.834 (m) of this chap­ 500W (§§ 179.300, 179.301) tanks. Au­ equipped with safety devices of any type. ter for special requirements.) thorized only for antimony pentachlo­ Outage must be sufficient to prevent ***** tanks from becoming liquid full at 130° F. ride and titanium tetrachloride (an­ Authorized only for transportation by hydrous). Tanks containing titanium rail freight and by highway. (See §§ 174.- n . Part 177 is amended as follows: tetrachloride (anhydrous) must not be 560 and 177.834(m) of this chapter for (A) In § 177.834 paragraph (m) is equipped with safety devices. Authorized added to read as follows: only for transportation by rail freight special requirements.) by highway. (See §§ 174.560 and * * * * * § 177.834 General requirements. 177.834 (m) of this chapter for special (I) In § 173.338 subparagraph (a) (3) ***** requirements.) is amended; note 1 and footnote 1 are (m) Tanks constructed and main­ (E) In § 173.264 subparagraph (b) (6) canceled as follows: tained in compliance with spec. 106A or is amended; note 1 is canceled as 110A (§§ 179.300, 179.301) that are au­ follows: § 173.338 Nitrogen tetroxide-nitric oxide mixtures containing up to 33.2 per­ thorized for the shipment of hazardous cent weight nitric oxide. materials by highway in Part 173 of this § 173.264 Hydrofluoric acid. chapter must be carried in accordance (a) * * * with the following requirements: (b) * * * (3) Specification 106A500X (§§ 179.- (1) Tanks must be securely chocked or <6) Specification 106A500X or 110A- 300, 179.301) tanks. Each tank must be clamped on vehicles to prevent any 50°W (§§ 179.300, 179.301) tanks. Tanks equipped with gas-tight valve protection shifting. may not be equipped with safety devices caps which must be approved by the Bu­ (2) Equipment suitable for handling ot any type and valves must be protected a tank must be provided at any point oy metal caps. Tanks must not be filled reau of Explosives. Tanks must not be equipped with safety devices of any type. where a tank is to be loaded upon or re­ jo a density in excess of 85 percent of moved from a vehicle. An

FEDERAL REGISTER, V O L 35, NO. 19— WEDNESDAY, JANUARY 2«, 1970 1110 RULES AND REGULATIONS

§ 177.837 Flammable liquids. ary 13,1970, make the following changes: generally, which are set forth in Title 50, * • * * * A. Motor Vehicle Safety Standard No. Code of Federal Regulations, Part 28, and are effective through December 31, 1970. (c) [Canceled] 109: ***** 1. In Table I-B in the column headed R ichard E. G riffith, “Section width (inches) ”, the 13th entry, Regional Director, Burea/u of (C) In § 177.839 paragraph (d) is can­ now reading “8.65” should read “8.60”. Sport Fisheries and Wildlife. celed as follows: 2. In Table I-L, in the column headed D ecember 31,1969. § 177.839 Corrosive liquids. “Section width (inches)”, the second ***** entry now reading “8.25” should read [FH. Doc. 70-1028; Filed, Jan. 27, 1970; 8:45 a.m.] (d) [Canceled] “8.20” and the third entry now reading (D) In § 177.840 paragraph (c) is can­ “8.40” should read “8.45”. celed as follows: B. Motor Vehicle Safety Standard No. PART 28— PUBLIC ACCESS, USE, AND § 177.840 Compressed gases. 110: In Appendix A, Table I, in the RECREATION ***** column headed “Rim”, the first entry now reading “350D” should read “3.SOD”. Monomoy National Wildlife Refuge, (c) [Canceled] ***** Mass. (E) In § 177.841 note 1 following para­ The following special regulation is is­ graph (c) is canceled as follows: Title 50— WILDLIFE AND sued and is effective on date of publica­ tion in the F ederal R egister. § 177.841 Poisons. ***** FISHERIES § 28.28 Special regulations; public ac­ cess, use, and recreation; for individ­ (c) * * * Chapter I— Bureau of Sport Fisheries ual wildlife refuge areas. Note 1: [Canceled] and Wildlife, Fish and Wildlife Massachusetts (Secs. 831-636, title 18, United States Code; Service, Department of the Interior sec. 9, Department of Transportation Act (49 MONOMOY NATIONAL WILDLIFE REFUGE U.S.C. 1657)) PART 28— PUBLIC ACCESS, USE, AND Entrance on the refuge is permitted Issued in Washington, D.C., on Janu­ RECREATION for the purpose of bird watching, photog­ ary 23,1970. Great Meadows National Wildlife raphy, nature study, hiking, and swim­ R. N. Whitman, ming during daylight hours. Shellfishing Administrator, Refuge, Mass. is permitted in conformance with regula­ Federal Railroad Administration. The following special regulation is is­ tions prescribed by the town of Chatham. P. C. T urner, sued and is effective on date of publica­ Tidewater fishing is permitted 24 hours Administrator, tion in the F ederal R egister. a day. Pets are permitted on a leash not Federal Highway Administration. § 28.28 Special regulations: public ac­ exceeding 10 feet in length. Fires are [F.R. Doc. 70-1064; Filed, Jan. 27, 1970; cess, use, and recreation; for individ­ permitted on the beach. 8:48 a.m.] The refuge, comprising of 2,696 acres, u a l w ildlife r efu g e areas. is delineated on a map available from Massachusetts the Refuge Manager, Great Meadows Na­ GREAT MEADOWS NATIONAL W ILDLIFE tional Wildlife Refuge, 191 Sudbury Title 49— TRANSPORTATION REFUGE Road, Concord, Mass. 01742 and from Chapter III— Federal Highway Admin­ Entry to the parking area during day­ the Regional Director, Bureau of Sport istration, Department of Transpor­ light hours on foot, bicycle, or by motor Fisheries and Wildlife, U.S. Post Office tation vehicle is permitted. Entry by foot or and Courthouse, Boston, Mass. 02109. bicycle during daylight hours is permit­ SUBCHAPTER A— MOTOR VEHICLE SAFETY ted on travel routes designated by signs The provisions of this special regula­ REGULATIONS for the purpose of nature study, photog­ tion supplement the regulations which [Docket No. 70-1; Notice 1] raphy, biking, or skating. Pets are per­ govern recreation on wildlife refuge areas PART 371— FEDERAL MOTOR mitted on a leash not exceeding 10 feet generally, which are set forth in Title 50, VEHICLE SAFETY STANDARDS in length. Code of Federal Regulations, Part 28, The refuge, comprising approximately and are effective through December 31, Motor Vehicle Safety Standards No. 2,300 acres, is delineated on a map avail­ 1970. 109, New Pneumatic Tires— Pas­ able at refuge headquarters and from R ichard E. Griffith, senger Cars; and No. 110, Tire Se­ the Regional Director, Bureau of Sport Regional Director, Bureau of Fisheries and Wildlife, U.S. Post Office Sport Fisheries and Wildlife. lection and Rims— Passenger Cars and Courthouse, Boston, Mass. 02109. Correction The provisions of this special regula­ D ecember 31,1969. In P.R. Doc. 70-343, appearing at page tion supplement the regulations which [Fit. Doc. 70-1029; Filed, Jon. 27, 1970; 431, in the issue for Tuesday, Janu­ govern recreation on wildlife refuge areas 8:46 am.]

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1974 m i Proposed Rule Making

southwest of the VORTAC. This control zone Interested persons may submit such is effective during the specific dates and written data, views, or arguments as they DEPARTMENT OF times established in advance by a Notice to Airmen. The effective date and time will may desire. Communications should be TRANSPORTATION thereafter be continuously published in the submitted in triplicate to the Federal Airman’s Information Manual. Aviation Administration, Area Manager, Federal Aviation Administration Memphis Area Office, Air Traffic Branch, The Myrtle Beach transition area de­ Post Office Box 18097, Memphis, Tenn. [ 14 CFR Part 71 1 scribed in § 71.181 (35 F.R. 2134) would 38118. All communications received [Airspace Docket No. 70—SO—3] be redesignated as: within 30 days after publication of this That airspace extending upward from 700 notice in the F ederal R egister will be CONTROL ZONES AND TRANSITION feet above the surface within an 8.5-mile considered before action is taken on the AREA radius of Myrtle Beach Airport (lat. 33°48'- proposed amendment. No hearing is con­ 40" N., long. 78®43'30" W.); within an 8.5- templated at this time, but arrangements Proposed Alteration mile radius of Myrtle Beach AFB (lat. for informal conferences with Federal Hie Federal Aviation Administration 33°40'45" N., long. 78°55'45" W.). Aviation Administration officials may be is considering an amendment to Part 71 The application of Terminal Instru­ made by contacting the Chief, Air Traffic of the Federal Aviation Regulations that ment Procedures (TERPs) and current Branch. Any data, views, or arguments would alter the Myrtle Beach AFB, S.C., airspace criteria to Myrtle Beach termi­ presented during such conferences must control zone and the Myrtle Beach, S.C., nal area complex requires the following also be submitted in writing in accord­ control zone and transition area. actions: ance with this notice in order to become Interested persons may submit such Control Zones part of the record for consideration. The written data, views, or arguments as they proposal contained in this notice may be may desire. Communications should be MYRTLE REACH AFB changed in the light of comments submitted in triplicate to the Federal 1. Reduce the extension predicated on Con­ received. Aviation Administration, Southern Re­ way TACAN 160* radial 2 miles in width and The official docket will be available for gion, Air Traffic Division, Post Office Box 2 miles in length. examination by interested persons at the 2. Revoke the extension predicated on Con­ 20636, Atlanta, Ga. 30320. All communi­ way TACAN 355* radial. Federal Aviation Administration, South­ cations received within 30 days after ern Region, Room 724, 3400 Whipple publication of this notice in the F ederal MYRTLE BEACH Street, East Point, Ga. Register will be considered before action 1. Increase the extension predicated on The Shelbyville transition area de­ is taken on the proposed amendment. No Myrtle Beach VORTAC 054° radial 2 miles in scribed in § 71.181 (35 F.R. 2134) would hearing is contemplated at this time, but width and 0.5 mile in length. be redesignated as: arrangements for informal conferences 2. Increase the extension predicated on with Federal Aviation Administration of­ Myrtle Beach VORTAC 220° radial 2 miles That airspace extending upward from 700 in width and 0.5 mile in length. feet above the surface within an H-mile ficials may be made by contacting the radius of Bomar Field (lat. 35*33'44" N., Chief, Airspace Branch. Any data, views, TRANSITION AREA long. 86°26'33" W.); within 4.5 miles north or arguments presented during such con­ Increase the basic radius circles predicated and 9.5 miles south of the Shelbyville VOR ferences must also be submitted in writ­ on Myrtle Beach Airport and Myrtle Beach 272° radial, extending from the VOR to 18.5 ing in accordance with this notice in AFB from 8 to 8.5 miles. miles west; within 4.5 miles east and 9.5 order to become part of the record for miles west of the Shelbyville VOR 195° radial, The proposed alterations are required extending from the VOR to 18.5 miles south. consideration. The proposal contained in to provide controlled airspace protection this notice may be changed in the light The application of Terminal Instru­ of comments received. for IFR operations in the Myrtle Beach terminal area complex in climb to 1,200 ment Procedures (TERPs) and current The official docket will be available for feet above the surface and in descent airspace criteria to Shelbyville terminal examination by interested persons at the from 1,500 feet above the surface. area requires the following actions: Federal Aviation Administration, South­ 1. Increase the transition area basic ern Rejgion, Room 724, 3400 Whipple This amendment is proposed under the authority of Sec. 307(a) of the Federal radius circle from 10 to 11 miles. Street, East Point, Ga. 2. Increase the extensions predicated The Myrtle Beach AFB control zone Aviation Act of 1958 (49 U.S.C. 1348(a)) and of Sec. 6(c) of the Department of on the 195° and 272° radials 1 mile in described in § 71.171 (35 F.R. 2054) would Transportation Act (49 U.S.C. 1655(c)). width and 6.5 miles in length. be redesignated as: The proposed alterations are required Within a 5-mile radius of Myrtle Beach Issued in East Point, Ga., on Janu­ to provide controlled airspace protection APB (lat. 33'40'45" N., long. 78°55'45" W.); ary 15, 1970. for IFR operations in climb from 700 to within 1.5 miles each side of Conway TACAN J ames G. R ogers, feet above the surface and in de­ 160° radial, extending from the 5 -mile radius Director, Southern Region. 1,200 zone to 6 miles south of the TACAN; within scent for 1,500 to 1,000 feet above the 2 miles each side of the 167° bearing from [F.R. Doc. 70-1022; Filed, Jan. 27, 1970; surface. Conway RBN, extending from the 5-mile 8:45 a.m.] This amendment is proposed under the radius zone to the RBN. authority of section 307(a) of the Fed­ The Myrtle Beach control zone de­ [ 14 CFR Part 71 1 eral Aviation Act of 1958 (49 U.S.C. scribed in § 71.171 (35 F.R. 2054) would [Airspace Docket No. 69-SO-156] 1348(a)) and of section 6(c) of the De­ be redesignated as: partment of Transportation Act (49 TRANSITION AREA U.S.C. 1655(c)). Within a 5-mile radius of Myrtle Beach Airport (lat. 33'48'40” N., long. 78*43'30" Proposed Alteration Issued in East Point, Ga., on January W)^within 3 miles each side of Myrtle Beach 15, 1970. VORTAC 054* radial, extending from the The Federal Aviation Administration is -mile radius zone to 8.5 miles northeast of considering an amendment to Part 71 G ordon A. W illiams, Jr., he VORTAC; within 3 miles each side of the of the Federal Aviation Regulations that Acting Director, Southern Region. yrtle Beach VORTAC 220* radial, extending would alter the Shelbyville, Term., tran­ [FJR. Doc. 70-1023; Filed, Jan. 27, 1970; rom the 5-mile radius zone to 8.5 miles sition area. 8:45 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 No. 19- 1112 PROPOSED RULE MAKING

[ 14 CFR Part 71 1 Federal Aviation Act of 1958 (49 U.S.C. tion of materials used in the construction 1348), and of section 6(c) of the Depart­ of pipeline facilities. [Airspace Docket No. 69-CE-122] ment of Transportation Act (49 U.S.C. Subpart C—Pipe Design, §§ 192.101- 1655(c)). 192.150: This subpart will prescribe the TRANSITION AREA pipe design requirements that are to be Proposed Designation Issued in Kansas City, Mo., on Decem­ followed in designing a pipeline system. ber 12,1969. Requirements for steel, cast iron, ductile The Federal Aviation Administration D aniel E. Barrow, iron, plastic, and copper pipe will be in­ is considering amending Part 71 of the Acting Director, Central Region. cluded. Service lines will be covered by Federal Aviation Regulations so as to [F.R. Doc. 70-1024; Filed, Jan. 27, 1970; Subpart H. designate a transition area at Point Look­ 8:45 a.m.] Subpart D—C o m p o n e n t Design, out, Mo. §§ 192.151-192.200: This subpart will pre­ Interested persons may participate in scribe design requirements to be followed the proposed rule making by submitting Office of Pipeline Safety in designing all other components of a such written data, views, or arguments as I 49 CFR Part 192 ] pipeline system, including valves, fit­ they may desire. Communications should tings, flanges, supports, accessories, com­ be submitted in triplicate to the Direc­ [Notice 70-1; Docket No. OPS-3A] pressor stations, vaults, holders, and tor, Central Region, Attention: Chief, MINIMUM FEDERAL SAFETY pressure control and relief devices. Air Traffic Division, Federal Aviation Subpart E—Welding of Steel Materials, Administration, Federal Building, 601 STANDARDS FOR GAS PIPELINES §§ 192.201-192.250: This subpart will pre­ East 12th Street, Kansas City, Mo. 64106. scribe requirements for the welding of All communications received within 45 Welding and Other Joining of Pipe and Components steel materials, including qualification of days after publication of this notice in welders and welding procedures. the F ederal R egister will be considered The Department of Transportation is Subpart F—Joining of Materials Other before action is taken on the proposed developing proposals for the comprehen­ than by Welding of Steel Materials, amendment. No public hearing is con­ sive minimum Federal safety standards §§ 192.251-192.270: This subpart will pre­ templated at this time, but arrange­ for gas pipeline facilities and for the scribe requirements for the joining of ments for informal conferences with transportation of gas, as required by pipe other than the welding of steel ma­ Federal Aviation Administration officials section 3(b) of the Natural Gas Pipeline terials. This will include the joining of may be made by contacting the Regional Safety Act of 1968. This notice of pro­ cast iron, ductile iron, plastic, and cop- Air Traffic Division Chief. Any data, posed rulemaking is the second of a per pipe. views, or arguments presented during series of notices by which the proposed Subpart G—Construction Require­ such conferences must also be submitted Federal safety standards will be issued ments, §§ 192.301-192.400: This subpart in writing in accordance with this notice for public comment. will prescribe requirements for installa­ in order to become part of the record for Interested persons are invited to par­ tion, protection, and inspection of pipe­ consideration. The proposal contained in ticipate in the making of these proposed lines other than service lines. this notice may be changed in the light rules by submitting written data, views, Subpart H—Installation of Service of comments received. or arguments as they may desire. Com­ Lines and Meters, §§ 192.401-192.450: A public docket will be available for munications should identify the regu­ This subpart will prescribe requirements examination by interested persons in the latory docket and notice number and be for the installation of service lines of all Office of the Regional Counsel, Federal submitted in duplicate to the Office of types of material and service line regu­ Aviation Administration, Federal Build­ Pipeline Safety, Department of Trans­ lators and meters. ing, 601 East 12th Street, Kansas City, portation, 400 Sixth Street SW., Wash­ Subpart I—Corrosion Control, §§ 192. Mo. 64106. ington, D.C. 20590. Communications 451-192.500: This subpart will prescribe A new public use instrument approach received before April 13, 1970, will be requirements for providing protection procedure has been developed for the considered before taking final action on from external and internal corrosion and School of the Ozarks Airport, Point the notice. All comments will be avail­ for operating, inspecting, and maintain­ Lookout, Mo., utilizing a privately owned able for examination by interested per­ ing corrosion control systems. radio beacon located on the airport as sons at the Office of Pipeline Safety Subpart J—Testing, §§ 192.501-192. a navigational aid. Consequently, j.t is before and after the closing date for 550: This subpart will prescribe initial necessary to provide controlled airspace comments. The proposals contained in test requirements for all pipelines, in­ protection for aircraft executing this new this notice may be changed in light of cluding gathering, transmission, distri­ approach procedure by designating a comment received. bution, and service lines. It will cover transition area at Point Lookout, Mo. The first notice in this series was pub­ both leak and strength tests. . The new procedure will become effective lished in the F ederal R egister on No­ Subpart K—U prating, §§ 192.551— concurrently with the designation of the vember 21, 1969 (Notice 69-3; 34 F.R. 192.600: This subpart will prescribe re­ transition area. IFR air traffic at Point 18556). That notice discussed both the quirements for qualifying and converting Lookout will be controlled by the Department’s plan for establishing the pipelines, mains and distribution systems Memphis Air Route Traffic Control m inim um Federal standards and the for new and higher operating pressures. Center. source materials to be used in developing Subpart L—General Operating Rules, In consideration of the foregoing, the proposals for these standards. It also pro­ §§ 192.601-192.700: This subpart will Federal Aviation Administration pro­ posed, without stating specific regulatory prescribe requirements governing the poses to amend Part 71 of the Federal language, several requirements for inclu­ operating of pipeline systems and facili­ Aviation Regulations as hereinafter set sion in the minimum Federal standards. ties, including pressure limitations, forth: In § 71.181 (35 F.R. 2134), the follow­ This notice and subsequent notices in emergency procedures, surveillance, ing transition area is added: this series will set forth the specific regu­ marking, odorization, and handling of lations that are being proposed, includ­ special situations such as failure inves­ P oint Lookout, Mo. ing those items that were discussed in That airspace extending upward from 700 Notice 69-3. The following is an outline tigations and the abandonment of feet above the surface within an 8 -mile Of the proposed organization of the facilities. radius of School of the Ozarks Airport (lati­ comprehensive Federal standards: Subpart M—Inspection and Mainte­ tude 36°37'25" N., longitude 93°13'45" W.); and that airspace extending upward from Subpart A—General, §§ 192.1-192.50: nance, §§ 192.701-192.750: This subpart 1,200 feet above the surface within 4% miles This subpart will set forth the scope of will prescribe requirements for inspec­ southwest and 9% miles northeast of the the standards, all definitions of terms used in the standards, and certain gen­ tion and maintenance of pipeline sys­ 127° bearing from School of the Ozarks Air­ tems and facilities, including preparation port, extending from the airport to 18% miles eral requirements. southeast of the airport. Subpart B—M a t e r i a l s , §§ 192.51- of an inspection and maintenance plan, This amendment is proposed under 192.100: This subpart will prescribe re­ repair of leaks and failures, and general the authority of section 367(a) of the quirements for selection and qualifica­ preventive maintenance.

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 PROPOSED RULE MAKING 1113 Included in this notice are proposed industry to determine those areas where time that would be needed to solve those Subparts E and P of Part 192 which con­ individual companies have identified problems. tain (1) the requirements for welding safety problems and the steps they have Cost/benefit determination. Notice and for other methods of joining pipe taken to solve those problems. 69-3 also discussed the general cost/ and components that are presently con­ As these efforts produce specific regu­ benefit philosophy that, will be followed tained in Chapters II and IV of the 1968 latory solutions, the Department will with respect to these regulations. Where edition of the USAS B31.8 Code; (2) the propose new requirements to be included commenters believe that a cost/benefit additional requirements discussed in in the minimum Federal standards. The problem exists they should be guided by Notice 69-3, particularly those described issuance of these proposals will begin as the discussion of this subject in Notice under welding and those under Cast soon as the necessary work in each area 69-3. Iron Pipe with reference to bell and is completed and will not necessarily Comment period. As indicated previ­ spigot joints; and (3) certain other addi­ await final action on this series of no­ ously, the Department expects to issue tional requirements that were not pro- tices of proposed rulemaking. Thus, it the first comprehensive Federal regula­ proposed in Notice 69-3 but which are is possible that in some areas the first tions by August 12, 1970. However, under discussed in detail below. set of comprehensive Federal standards section 4(b) of the Act, these proposed The first comprehensive regulations will include improvements in addition to standards must be submitted to the are derived from the existing State those proposed in Notice 69-3. Technical- Pipeline Safety Standards standards, which for the most part have All of the notices of this series will be Committee before final adoption and that been based on the B31.8 Code; there­ issued before comments are due on this committee must be afforded a reasonable fore, they will be very similar to the code. notice in order to permit commenters to opportunity for review and for prepara­ For several reasons, however, it is consider these proposals in light of the tion of a report on the technical feasi­ necessary to substantially reorganize and other notices. This will be of particular bility, reasonableness, and practicality of revise the language that will be incor­ importance in areas such as “class loca­ each proposal. This statutory require­ porated into the Federal standards. One tion” since, as indicated in Notice 69-3, ment will probably preclude any exten­ major consideration is that the code, new and more specific definitions of class sion of the comment period. However, whose purpose is to serve only as a rec­ location will be proposed. Therefore comments received after the end of the ommended industry standard, is not where class locations are referred to, the comment period will be considered to the written as a regulatory document, while proposals in this notice should be com­ extent practicable. standards will be Government regula­ mented on in light of the new definitions Location of regulations in Code of Fed­ tions that each pipeline company will proposed in a subsequent notice. eral Regulations. At the present time the be required to follow. Violations of these Source of each proposed regulation. To Department’s regulations relating to standards will be subject to a penalty assist persons in reviewing and com­ pipeline safety (both liquid and gas) of up to $1,000 per day for each violation menting on the proposed regulations, this have been included in Chapter I of Title up to a maximum of $200,000 for any notice, as will the later notices in this 49 of the Code of Federal Regulations. A related series of violations. Therefore, it series, contain a distribution table show­ Departmental task force is studying the is important that the regulatory require­ ing, to the extent possible, the source of organizational structure within the De­ ments be written in terms that indicate proposed requirements. In the majority partment for both the liquid and gas clearly to the persons being regulated of cases this is the USAS B31.8 Code al­ pipeline safety functions. The ultimate what the minimum requirements are. though a number of requirements are de­ location of the gas pipeline regulations Further, the Department intends to state rived in whole or part from 49 CFR Part within Title 49 will depend on the final the requirements in performance terms, 195, “Transportation of Liquids by Pipe­ organizational decision of the Secretary rather than as detailed specifications, line.” As discussed above, a number of as a result of the recommendations of the wherever it is possible to do so without Code provisions are not being used be­ task force study. Therefore, the final reg­ lowering the level of safety. In some cause the omitted language contained ulations adopted as a result of this series cases it may not be possible to substitute unneoessarily detailed specifications for of notices may have different part num­ a performance requirement without fur­ which a performance requirement al­ bers than those proposed and may be ther research. The time within which ready existed or could be readily substi­ located in another part of Title 49. these standards are to be published is tuted. Any person reviewing the pro­ Discussion of significant substantive such that it will be necessary to retain posed regulation who feels that the omis­ proposals in this notice. Notice No. 69-3 some specification requirements, because sion of any language would decrease the indicated some of the substantive there is not time to develop an adequate presently required level of safety should changes from the 1968 edition of the performance type substitute. state his conclusions and supporting rea­ USAS B31.8 Code that would be proposed As mentioned in the first notice of this sons in his comments. Similarly, if a pro­ in this series of notices. These are con­ series, the Department recognizes the posed performance requirement does not tained in §§ 192.221, 192.223, and 192.555. need for improvements in the existing appear to be an adequate substitute for Since the issuance of that notice, other State standards that are being used as an omitted specification requirement this changes have been identified that ap­ a basis for these standards. Efforts to de­ should also be stated with supporting pear to be necessary to afford the public fine the problem areas and develop reasons. an adequate level of safety. These latter proper solutions are underway. It is also Effective date of proposed regulations. changes are discussed below under the important in this situation to establish individual section headings. a basic set of Federal regulations that Notice 69-3 discussed the general ap­ are consistent in style, format, and ap­ proach to be taken on effective dates Welding. Pipeline systems that are to proach, as a foundation to which these where significant additional substantive operate at 20 percent or more of speci­ needed improvements can be added. requirements are concerned. Since most fied minimum yield strength (SMYS) Therefore the Department is moving of the proposed requirements in this se­ would require visual inspection in ad­ simultaneously to accomplish both of ries of notices will be based on existing dition to nondestructive testing. There these objectives. recommended industry standards, a long would be a requirement for 100 percent lead time should not be necessary for nondestructive testing of these lines (1) On December 31, 1969, the first leak compliance. Therefore, in accordance in Class 3 and 4 locations, (2) within and failure reporting requirements for with section 3(c) of the Natural Gas railroad or public highway rights-of- gas pipelines were issued, to become Pipeline Safety Act the minimum stand­ way, including bridges and tunnels, (3) effective on February 9, 1970. As the ards will be made effective 30 days after at tie-ins, (4) at overhead road cross­ information from these reports is col- they are issued, unless we find that ad­ ings, and (5) whenever welds are re­ in ^ - e 8,111* analyzed, problems will be paired. The testing percentage for Class entitled and solutions will be developed. ditional time is required for compliance with some individual requirements. Any 1 and 2 locations would remain the dependent studies on corrosion con- same. All welds tested would be tested roi and the sealing of pipe are in person who identifies a requirement that over their entire circumference. There and °ther studies are being needs a longer lead time should indicate would no longer be an option of testing undertaken. In the near future, the De- the problems that would arise from an an equivalent length of welds over a part p rtment will survey the gas pipeline early requirement of compliance and the of the circumference. When conducting

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1114 PROPOSED RULE MAKING change should improve the quality of Sec. nondestructive testing on these lines, 192.201 Scope. each welder’s work would be sampled to completed welds. 192.203 General. at least the same percentage as the over­ Section 192.253. This is a specific re­ 192.205 Qualification of welding procedures. all nondestructive testing requirement of quirement contained in section 842.396 192.207 Qualification of welders. the area. for mechanical plastic joints and is cov­ 192.209 Qualification of welders for low Records would have to be retained for ered in sections 842.165 and 842.223 for stress level piping. the life of the facility, showing the num­ cast and ductile iron joints. It is now 192.211 Protection from weather. proposed as a requirement for all types 192.213 Filler metal. ber of welds made, the number nonde­ 192.215 Preparation for butt welding. structive^ tested, the number of rejects, of nonsteel joints. 192.217 Preheating. and the disposition of the rejects. In ad­ In consideration of the foregoing, the 192.219 Stress relieving. dition, detailed records of testing, in­ Department proposes to amend Title 49 192.221 Inspection and testing of welds. cluding exposed X-ray film, would have of the Code of Federal Regulations by 192.223 Nondestructive testing and testing to be retained for 3 years after adding a new Part 192 to contain Sub­ records. parts E and F as set forth below. 192.225 Acceptability of welds. construction. 192.227 Repair or removal of defects. Comments are particularly invited on This notice is issued under the au­ 192.229 Arc burns. the following matters: Describe the thority of the Natural Gas Pipeline problems in determining that each Safety Act of 1968 (49 U.S.C. sec. 1671 et Subpart F— Joining of Materials Other Than by welder’s work is sampled to the percent­ seq.), Part 1 of the Regulations of the Welding of Steel Materials age required. Should the percentage be Office of the Secretary of Transporta­ 192.251 Scope. based on the number of completed welds tion (49 CFR Part 1), and the delega­ 192.253 General. or on length of welds? Would it be suffi­ tion of authority to the Director, Office 192.255 Cast iron pipe. of Pipeline Safety, dated November 6, 192.257 Ductile iron pipe. cient to assure that each welder is 192.259 Copper pipe and tubing joints. checked every day and eliminate the 1968 (33 F.R. 16468). 192.261 Plastic pipe. fixed percentages? Does a requirement Issued in Washington, D.C., on Janu­ to test the entire circumference present ary 23,1970. Subpart E— Welding of Steel Materials any different problems on large pipe W. C. J ennings, § 192.201 Scope. than on smaller pipe and if so, at what Acting Director, point in pipe size do these differences be­ Office of Pipeline Safety. (a) This subpart prescribes minimum come significant? How difficult is 100 requirements for arc and gas welding percent testing in Class 3 and 4 loca­ Distribution T able of steel materials when constructing new tions? What percentage of welds are non­ New section Source pipeline facilities and when relocating, destructive^ tested today in these loca­ 192.201______821.1. replacing, repairing or otherwise chang­ tions? Would the cost of 100 percent 192.203 (a) and (b) —_ 821.3. ing existing pipeline facilities. 192.203(c)______821.6. (b) This subpart does not apply to testing be substantially more than the 192.203(d)______823.2. cost of 90 and 95 percent nondestructive 192.205(a)______824.21. welding that occurs during the manu­ testing in these locations? Specify any 192.205(b)______824.25 and 825.1. facture of steel pipe or steel components problems associated with testing of all 192.205(c)______824.23. of pipeline facilities. tie-in-welds. What is the present practice 192.207(a)...... 824.21. § 192.203 General. as to retention of nondestructive testing 192.207(b)______824.22. records? 192.207(c)______824.24. (a) Welding must be performed in ac­ Cast iron pipe. Presently all caulked 192.207(d) 824.23. cordance with established written weld­ bell and spigot joints on pipelines oper­ 192.209(a)______824.11. ing procedures that have been qualified 192.209(a) (1)______Appendix G (l). under § 192.205 to produce sound, ductile ated above 25 p.s.i.g. must be reinforced 192209(a) (2) (i)_____ Appendix G (l). by mechanical clamps. This would be ex­ 192.209(a) (2) (ii)____ Appendix G(6 ). welds. tended to new construction and the re- 192.209(b)______Appendix G (5). (b) Each welder must be qualified in installation of used pipe on pipelines 192.211______825.2. the welding procedure that is used under operated at or below 25 p.s.i.g. In addi­ 192.213______49 CFR 195.220. either § 192.207 or § 192.209. tion all other caulked bell and spigot 192.215 (a), (b), and 823.1. (c) Before beginning any welding in joints on these lower pressure lines would (d). or around a structure or area contain­ 192.215(c)______49 CFR 195.218. ing gas facilities, a thorough check must have to be reinforced, either by clamps 192.217 826. or other means. 192.219 ...... 827. be made to determine that a combustible Threaded cast iron joints would be 192.221 (a) 828.1 and NARUO gas mixture is not present and that con­ prohibited in both new construction and Model Code. ditions are safe for welding. reinstallation of used pipe. How much 192.221(b)------828.2(a). (d) Each fillet weld must be of a size and what sizes of threaded cast iron 192.221 (c)------828.2(e). that will withstand the stresses to which 192.223 (a), (b), (c), 828.2 and 49 CFR it will be subjected during use. pipe are presently in operation? and (e). 195.234. Sections 192.213 and 192.215(c). The 192.223(d)------828.2(b) and Wash­ § 192.205 Qualification of welding pro­ requirement for the strength of filler ington, New York, cedures. metal and for offsetting longitudinal and North Caro­ (a) Each welding procedure must be seams in welding are derived from simi­ lina Codes. 192.223(f)- - ...... 49 CFR 195.234 and qualified under either section IX of the lar requirements in the liquid pipeline 195.260. ASME Boiler and Pressure Vessel Code regulations. These requirements con­ 192.225------829. (1968 edition) or section 2 of API Stand­ form to good construction practice and 192.227______829.9. ard 1104 (1968 edition). compliance should present no difficulty 192.229______841.244, 841.245, and (b) Each welding procedure must be in most cases. However, the filler metal 49 CFR 195.226. recorded in detail during the qualifying requirement may prove to be too strin­ 192.251______New. tests. This record must be retained and gent for the welding of high strength 192.253______842.165, 842.223, and followed whenever the procedure is used. steel and specific comments on this 842.396. 192.255-______842.15. (c) For the purposes of the Essential problem are requested. 192.257______842.215. Variables of section IX of the ASME Section 192.225. The standards of ac­ 192.259______842.614. Boiler and Pressure Vessel Code, the fol­ ceptability set forth in API Standard 192.261______842.39. lowing steels are considered to fall within Appendix A-I______Appendix G (2), (3), the P-Number 1 grouping and do not 1104-1968 edition are much more de­ and (4). scriptive of defects than the standards Appendix A-H______Appendix G(5). require separate qualification of welding contained in the B31.8 Code and this Appendix A-IEE____ _ Appendix G(6) (a). procedures:

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 PROPOSED RULE MAKING 1115 (1) Carbon steels that have a carbon qualification, a welder may not perform and is maintained during the welding content of 0.32 percent (ladle analysis) welding unless— operation. or less. (1) Within the preceding 12 calendar (2) Carbon steels that have a carbon months, he has requalified by perform­ § 192.219 Stress relieving. equivalent (C+34 Mn) of 0.65 percent ing an acceptable test weld under the (a) Except as provided in paragraph (ladle analysis) or less. test set forth in section I of appendix A (f) of this section, each weld on carbon (3) Alloy steels with weldability char­ to this part; or steel that has a carbon content in excess acteristics that have been demonstrated (2) Within the preceding 6 calendar of 0.32 percent (ladle analysis) or a car­ to be similar to the carbon steels listed months, he has had— bon equivalent (C+34 Mn) in excess of in subparagraphs (1) and (2) of this (i) A production weld cut out and 0.65 percent (ladle analysis) must be paragraph. tested under section I of appendix A to stress relieved as prescribed in the ASME this part; or Boiler and Pressure Vessel Code, section Alloy steels and carbon steels that are (u) For welders who work only on Vm (1968 edition). not within subparagraphs (1>, (2), and (3) of this paragraph require separate service lines 2 inches or smaller in (b) Except as provided in paragraph qualification of procedures for the par­ diameter, two sample welds tested as (f) of this section, each weld on carbon ticular specification of pipe in accordance prescribed in section III of appendix A steel that has a carbon content of less with sections v m and IX of the ASME to this part. than 0.32 percent (ladle analysis) or a Boiler and Pressure Vessel Code (1968 (b) A welder who makes welded serv­carbon equivalent (C+34 Mn) of less edition). ice line connections to mains must, in than 0.65 percent (ladle analysis) must addition to meeting the requirements of be thermally stress relieved when condi­ § 192.207 Qualification of welders. paragraph (a) of this paragraph, also tions exist which cool the weld too (a) Except as provided in paragraphs perform an acceptable test weld under rapidly. (b) and (c) of this section and as per­ section II of appendix A to this part as (c) Except as provided in paragraph mitted under § 192.209, each welder must a part of his qualifying test. (f) of this section, each weld on carbon steel pipe must be stress relieved when be qualified in accordance with either § 192.211 Protection from weather. section IX of the ASME Boiler and Pres­ the wall thickness of the pipe exceeds sure Vessel Code (1968 edition) or sec­ Welding must be protected from 134 inches. tion 3 of API Standard 1104 (1968 weather conditions that would impair (d) When a weld connects pipe or edition). the quality of the completed weld. components that are of different thick­ nesses but similar materials, the thick­ (b) A welder who is qualified under § 192.213 Filler metal. ness to be used in applying the rules in section 3 of API Standard 1104 may not Filler metal must be at least equal in paragraphs (a) and (c) of this section be used to weld on compressor station strength to the highest specified mini­ is— piping unless his qualifying test has been mum yield strength of the pieces being (1) The thicker of the two pipes based on the guided bend test. welded and must fuse the pieces together. joined; or (c) A welder who has not engaged in a § 192.215 Preparation for butt welding. (2) In the case of branch connections, particular welding process within the slip-on flanges, or socket weld fittings, preceding 6 months may not perform that Before beginning any butt welding— the thickness of the pipe run or header. type of welding until he has requalified (a) The welding surfaces must be (e) In welds between dissimilar mate­ in that process. clean and free of any material that may rials, if either material requires stress (d) For the purposes of the Essential be detrimental to the weld; relieving under this section, the weld Variables of section IX of the ASME (b) The pipe or component must be must be stress relieved. Boiler and Pressure Vessel Code, the fol­ aligned to provide the most favorable (f) Notwithstanding the provisions of lowing steels are considered to fall within condition for the deposition of the root paragraphs (a), (b), and (c) of this the P-Number 1 grouping and do not bead and this alignment must be pre­ section, stress relieving is not required require separate qualification of welders: served while the root bead is being of the following welds: (1) Carbon steels that have a carbon welded; (1) A fillet or groove weld one-half content of 0.32 percent (ladle analysis) or (c) Seams on adjacent pipe lengths inch or less in size (leg) that attaches a less. must be offset; and connection 2 inches or less in diameter. (2) Carbon steels that have a carbon (d) The pipe ends must be shaped so (2) A fillet or groove weld three- equivalent (C+ y4 Mn) of 0.65 percent that the deposition of weld metal will eighths inch or less in groove size that (ladle analysis) or less. provide adequate strength and minimize attaches a supporting member or other (3) Alloy steels with weldability char­ stress concentration. nonpressure attachment. acteristics that have been demonstrated (g) Stress relieving must be performed to be similar to the carbon steels listed § 192.217 Preheating. at a temperature of at least 1,100° F. for in subparagraphs (1) and (2) of this (a) Carbon steel that has a carbon carbon steels, and at least 1,200° F. for paragraph. content in excess of 0.32 percent (ladle ferritic alloy steels. When stress reliev­ analysis) or a carbon equivalent (C-f-34 ing a weld between dissimilar metals Alloy steels and carbon steels that are not Mn) in excess of 0.65 percent (ladle with different stress relieving tempera­ within subparagraphs (1), (2) , and (3) analysis) must be preheated as pre­ tures, the higher temperature must be of this paragraph require separate quali­ scribed in ASME Boiler and Pressure used. fication of welders for the particular (h) A uniform temperature must-be specification of pipe in accordance with Vessel Code section VII (1968 edition). (b) Carbon steel that has a lower car­ maintained during stress relieving and sections VIII and IX of the ASME Boiler the temperature must be checked to as­ and Pressure Vessel Code (1968 edition). bon content or carbon equivalent than that prescribed in paragraph (a) of this sure that the proper stress relieving cycle § 192.209 Qualification of welders section must be preheated as prescribed has been accomplished. low stress level piping. in paragraph (a) of this section when § 192.221 Inspection and testing o f ^ ®'xcef>t; 85 Provided in paragra conditions exist that either limit the welds. <,d) of this paragraph, a welder n welding technique that can be used, or (a) The welds and welding on each qualify to perform oxyacetylene or ms that tend to adversely affect the quality pipeline system must be visually in­ uai arc welding on piping operating of the weld. spected. P essures that result in hoop stresses (c) When welding dissimilar materials (b) Except as provided in paragraph jess than 20 percent of specified ml that have different preheat temperature (c) of this section, the welds and welding . strength if he has perform requirements, the higher temperature on each pipeline system operated at a within the preceding 12 calendar mont must be used in preheating. pressure that produces a hoop stress of acceptable test weld under the t (d) Preheat temperature must be 20 percent or more of specified minimum i11 ^ ^ io n 1 °f appendix A monitored to assure that the required yield strength must be nondestructively part. After 12 months from his init preheat temperature is attained before tested in accordance with § 192.223.

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1116 PROPOSED RULE MAKING (i) Each new or reinstalled joint must (c) Welds that are visually inspected in length which do not penetrate either and approved by a qualified welding in­ the root or second beads; be reinforced by mechanical clamps; and (2) The segment of the weld to be (ii) Each other joint must be rein­ spector need not be nondestructively forced by mechanical clamps or by other tested if-— repaired was not previously repaired; and means. (1) The pipe has a nominal diameter (b) Mechanical joints. Each mechan­ of less than 6 inches; or (3) The weld is inspected after repair (2) The pipe is operated at a pres­ to assure its acceptability. ical joint in cast iron pipe must have a sure that produces a hoop stress of 40 (b) Before any weld is repaired, in­ gasket made of a resilient material as the percent or less of specified minimum jurious defects must be removed by chip­ sealing medium. The material selected yield strength and the construction has ping, grinding, or oxygen gouging to for gaskets must be of a type not ad­ such a limited number of welds that clean metal. All slag and scale must be versely affected by the gas or condensates nondestructive testing is impractical. removed by wire brushing. The segment in the main. Each gasket must be suitably of the weld to be repaired must be pre­ confined and retained under compression § 192.223 Nondestructive testing and heated in accordance with § 192.217. by a separate gland or follower ring. testing records. (c) A cylinder of the pipe containing (c) Threaded joints. Threaded joints (a) A weld may be nondestructively a weld must be removed and the ends may not be used to couple lengths of cast tested by any process that will clearly rebeveled whenever— iron pipe in new construction or to re­ indicate any defects that may affect the (1) The weld contains one or more place joints on existing cast iron pipe. integrity of the weld. cracks other than a crack permitted un­ (d) Flanged joints. The dimensions (b) Nondestructive testing of welds der paragraph (a) of this section; and drilling of each flange must conform must be performed— (2) The weld is not acceptable under to the USAS Standard B16.1 (1967 edi­ (1) In accordance with a written set § 192.225 and is not repaired; or tion)—^Cast Iron Pipe Flanges and of procedures for nondestructive testing; (3) The weld was repaired and the Flanged Fittings. Each flange must be and repair did not meet the requirements of cast integrally with the fitting or valve. (2) With personnel that have been § 192.225. § 192.257 Ductile iron pipe. trained in the established procedures and in the use of the equipment employed in § 192.229 Arc burns. (a) Mechanical joints. Each mechan­ the testing. (a) Each arc bum on pipe that is to ical joint in ductile iron pipe must con­ (c) Procedures for the proper inter­ be operated at a pressure that produces form: to USAS A21.52 (1965 edition) and pretation of each wold inspection must a hoop stress of 40 percent or more of USAS A21.ll (1964 edition), U.S.A. be established to ensure the acceptability specified minimum yield strength must Standards for Rubber Gasket Joints for of the weld under § 192.225. be repaired. Cast Iron Pressure Pipe and Fittings. (d) The following percentages of each (b) An arc burn may be repaired by (b) Threaded joints. Threaded joints day’s field butt welds, selected at random completely removing the notch by grind­ may not be used to couple lengths of by the operator, must be nondestructively ing, if the grinding does not reduce the ductile iron pipe. tested over their entire circumference: remaining wall thickness to less than § 192.259 Copper pipe and tubing joints. the minimum thickness required by the (1) At least 10 percent of the welds (a) Copper pipe or tubing must be in class 1 locations. tolerance in the specification to which (2) At least 15 percent of the welds the pipe was manufactured. Arc bums jointed by either a compression type coupling or a brazed or soldered lap in class 2 locations. may not be repaired by insert patching. (3) 100 percent of the welds— (c) If an arc bum is not repairable by Joint. (i) In class 3 or 4 locations; grinding, a cylinder of the pipe contain­ (b) Copper pipe or tubing may not be (ii) At crossings of major or navigable ing the entire notch must be removed. threaded, except that copper pipe used rivers; for connecting screw fittings or valves (iii) within railroad or public high­ Subpart F— Joining of Materials Other may be threaded if the wall thickness is way rights-of-way, including tunnels and Than by Welding of Steel Pipe and equivalent to the comparable size of bridges; Components standard wall pipe as defined in USAS (iv) At overhead road crossings; or B36.10, “Wrought Steel and Wrought- (v) At pipeline tie-ins. § 192.251 Scope. Iron Pipe” (1959). (e) Each welder’s work for each day (a) This subpart prescribes minimum § 192.261 Plastic pipe. must be sampled to at least the percent­ requirements for the joining of materials, ages in paragraph (d) of-this section. other than the welding of steel pipe and (a) General. Plastic pipe, tubing, and (f) A record of the nondestructive components, when constructing new fittings must be joined by the solvent ce­ testing must be retained by the operator pipeline facilities and when relocating, ment method, adhesive method, heat- of the pipeline, including (if radiog­ replacing, repairing, or otherwise chang­ fusion method, by means of compression raphy is used) the developed film with, ing existing pipeline facilities. couplings or flanges, or by other methoa so far as practicable, the location of the (b) This subpart does not apply to that is compatible with the materials the joining of pipe or components being joined. However, plastic pipe ana weld. This record must be retained for tubing may not be threaded. Solvent ce­ 3 years after the line is placed in opera­ that occurs during the manufacturing tion. In addition, a record showing the process. ment joints, adhesive joints, and heat- total number of girth welds made, the fusion joints must be made in accordance number nondestructively tested, the § 192.253 General. with procedures which have been proven number rejected, and the disposition of Each joint must be designed and in­ by test to produce gas tight joints at least the rejects, must be retained by the stalled to effectively sustain the longi­ as strong as the pipe or tubing b^uig tudinal pull-out or thrust forces caused joined. Heat-fusion or mechanical joints operator for the life of the facility. must be used when joining polyethylene (g) The trepanning method of test­ by contraction or expansion of the piping or by external or internal loading. pipe, tubing, or fittings. ing is not permitted. (b) Solvent cement joints. Each sol­ § 192.225 Acceptability of welds. § 192.255 Cast iron pipe. vent cement joint must comply with tne The acceptability of a weld is deter­ (a) Caulked bell and spigot joints. following: mined according to the standards in sec­ Each cast iron caulked bell and spigot (1) A joint may not be made between tion 6, API Standard 1104 (1968 edition). joint must comply with one of the different kinds of plastics. . following: § 192.227 Repair or removal of defects. (2) The mating surfaces of the join (1) If the pipeline is operated at more must be clean, dry, and free of (a) A weldrthat is unacceptable under than 25 p.s.i.g., each joint must be rein­ which might be detrimental to the joim- § 192.225 may not be repaired unless— forced with mechanical clamps. (2) If the pipeline is operated at 25 (3) The solvent cement must conform (1) There are no cracks in the weld to ASTM D 2513 (1968 edition). other than minor cracks 2 inches or less p.s.i.g. or less—

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 PROPOSED RULE MAKING 1117 (4) The safety requirements of ap­ and adhesive are compatible with each that occur on the corner of the specimen pendix A of ASTM D 2513 (1968 edition) other. during testing are not considered. must be met. (3) The joined materials must be II. Additional tests for welders of service (5) The joint may not be heated to clamped or otherwise prevented from line connections to mains. A service line accelerate the setting of the cement. connection fitting is welded to a pipe section moving until the adhesive is properly with the same diameter as a typical main. (c) Heat-fusion joints. Each heat-fu­ set. The weld is made in the same position as sion joint must comply with the fol­ (e) Mechanical joints. The rubber gas­it is made in the field. The weld is unaccept­ lowing: ket material in the coupling of a com­ able if it shows a serious undercutting or if (1) A joint may not be made between it has rolled edges. The weld is tested by different kinds of plastic. pression type mechanical joint must be attempting to break the fitting off the run (2) A butt heat-fusion joint must be compatible with the plastic and an in­ pipe. The weld is unacceptable if it breaks ternal tubular rigid stiffener, other than and shows incomplete fusion, overlap, or joined by a jointing device that holds poor penetration at the junction of the fitting the heater element square to the ends of a split tubular stiffener, must be used and run pipe. the piping, compresses the heated ends in conjunction with the coupling. III. Periodic tests for welders of small together, and holds the pipe in proper Appendix A service lines. Two samples of the welder’s alignment while the plastic hardens. work, each about 8 inches long with the weld QUALIFICATION OF WELDERS FOR LOW STRESS located approximately in the center, are cut (3) A socket heat-fusion joint must LEVEL PIPING be joined by a jointing device that heats from steel service line and tested as follows: the mating surfaces of the joint uni­ I. Basic test. The test is made on pipe 12 (1) One sample is centered in a guided inches or less in diameter. The test weld bend testing machine and bent to the con­ formly and simultaneously to essentially must be made with the pipe in a horizontal tour of the die for a distance of 2 inches on the same temperature. fixed position so that the test weld includes each side of the weld. If the sample shows (4) A completed joint must not be at least one section of overhead position any breaks or cracks after removal from the disturbed until properly set. welding. The beveling, root opening, and bending machine, it is unacceptable. (5) Heat may not be applied with a other details must conform to the specifica­ (2) The ends of the second sample are tions of the procedure under which the flattened and the entire joint subjected to torch or other open flame. welder is being qualified. Upon completion, a tensile strength test. If failure occurs ad­ (d) Adhesive joints. Each adhesive the test weld is cut into four coupons and jacent to or in the weld metal, the weld joint must comply with the following: subjected to a root bend test. If, as a result is unacceptable. If a tensile strength test­ (1) The adhesive must conform to of this test, two or more of the four coupons ing machine is not available, this sample ASTM D 2517 (1967 edition). develop a crack in the weld material, or be­ must also pass the bending test prescribed tween the weld material and base metal, that in subparagraph (1) of this paragraph. (2) A thorough investigation must be is more than one-eighth inch long in any [F.R. Doc. 70-1076; Filed, Jan. 27, 1970; made to determine that the materials direction, the weld is unacceptable. Cracks 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1118 Notices

3. That this Ordinance shall be ef­ fective upon its certification by the Sec­ DEPARTMENT OF THE TREASURY DEPARTMENT OF THE INTERIOR retary of the Interior and its publication Internal Revenue Service Bureau of Indian Affairs in the F ederal R eg ister . Be it further resolved, that copies of JAMES EARL TISON SOUTHERN UTE RESERVATION, COLO. this resolution be forwarded to the proper Notice of Granting of Relief Resolution Legalizing the Introduction, channels through the Superintendent, Sale, or Possession of Intoxicants Southern Ute Agency, Ignacio, Colo., for Notice is hereby given that James Earl approval by the necessary officials. J a n u a r y 21, 1970. Tison, Route 5, Dothan, Ala., has applied W il l ia m J . B e n h a m , for relief from disabilities imposed by In accordance with authority dele­ Acting Commissioner Federal laws with respect to the acqui­ gated by the Secretary of the Interior of Indian Affairs. sition, receipt, transfer, shipment, or pos­ to the Commissioner of Indian Affairs session of firearms incurred by reason by 230 DM 2, and in accordance with [F.R. Doc. 70-1044; Filed, Jan. 27, 1970; of his conviction on April 24, 1957, in the Act of August 15, 1953, Public Law 8:47 a.m.] the U.S. District Court, Middle Judicial 277, 83d Congress, first session (67 Stat. District of Alabama, Dothan Division of 586), I certify that the following ordi­ a crime punishable by imprisonment for nance relating to the application of the Bureau of Land Management a term exceeding 1 year. Unless relief is Federal Indian Liquor Laws on the [S—487A] granted, it will be unlawful for James Southern Ute Indian Reservation, Colo., CALIFORNIA Earl Tison because of such conviction, to was adopted on November 25, 1969, by ship, transport or receive in interstate the Southern Ute Tribal Council, which Notice of Proposed Classification of or foreign commerce any firearm or am­ has jurisdiction over the area of Indian Public Lands for Transfer Out of munition, and he would be ineligible for country included in the resolution, read­ a license under chapter 44, title 18, United ing as follows: Federal Ownership States Code as a firearms or ammunition Whereas, authority is vested in the 1 Pursuant to the Act of Septem­ importer, manufacturer, dealer or col­ Tribal Council by the Constitution and ber 19, 1964 (43 U.S.C. 1412) and to the lector. In addition, under title VII of the Bylaws adopted by the Southern Ute regulations in 43 CFR, Parts 2410 and Omnibus Crime Control and Safe Streets Tribe and approved November 4, 1936, 2411, it is proposed to classify the public Act of 1968, as amended (82 Stat. 236; to act for the Southern Ute Tribe, and lands in paragraph 3 for transfer out of 18 U.S.C., Appendix), because of such Whereas, pursuant to the Act of Federal ownership under one or more of conviction, it would be unlawful for August 15, 1953 (Public Law 277, 83 the below stated statutes. James Earl Tison to receive, possess, or Cong., first session, 67 Stat. 586), an 2. Publication of this notice has the transport in commerce or affecting com­ Indian tribe having appropriate juris­ effect of segregating the following de­ merce, any firearm. diction is empowered to make an ordi­ scribed public lands from all forms of Notice is hereby given that I have con­ nance legalizing the introduction, sale disposal under the public land laws, sidered James Earl Tison’s application and possession of intoxicating beverages including the mining laws, except the and: within any area of Indian country com­ form or forms of disposal for which it (1) I have found that the conviction ing within the jurisdiction of such tribe; is proposed to classify the lands. was made upon a charge which did not and However, publication does not alter the involve the use of a firearm or other Whereas, the Tribal Council of the applicability of the public land laws weapon or a violation of chapter 44, title Southern Ute Indian Reservation desires governing the use of the lands under 18, United States Code, or of the National to repeal the Federal Indian Liquor Laws lease, license, or permit, or govern the Firearms Act; and as to any act or transaction within the disposal of their mineral and vegetative (2) It has been established to my sat­ Southern Ute Indian Reservation and resources, other than under the mining isfaction that the circumstances regard­ approve legalizing the introduction, sale laws. , ing the conviction and the applicant’s and possession of intoxicants within the 3. The below-described lands proposes record and reputation are such that the Southern Ute Indian Reservation; to be classified for disposal are located applicant will not be likely to act in a Now, therefore, be it resolved and or­ in Fresno, Madera, Mariposa, Merced, manner dangerous to public safety, and dained by the Tribal Council of the Stanislaus, and Tuolumne Counties. The that the granting of the relief would not Southern Ute Indian Tribe as follows: proposals have been discussed and be contrary to the public interest. 1. That the introduction, sale and pos­ analyzed in detail with the counties and Therefore, pursuant to the authority session of intoxicating beverages shall with other agencies, groups and individ­ vested in the Secretary of the Treasury be lawful within -the Indian country uals. Maps and other information are by section 925(c), title 18, United States under the jurisdiction of the Southern available for inspection in the Folsom Code and delegated to me by 26 CFR Ute Tribe: Provided, That such intro­ District Office, Bureau of Land Manage­ 178.144, it is ordered that James Earl duction, sale and possession is in con­ ment, 63 Natoma Street, Folsom, Calii. Tison be, and he hereby is, granted re­ formity with the laws of the State of 95630. lief from any and all disabilities imposed Colorado: Provided further, That the sale Mount Diablo Meridian, California by Federal laws with respect to the of intoxicating beverages upon the acquisition, receipt, transfer, shipment, Southern Ute Indian Reservation by any STANISLAUS COUNTY or possession of firearms and incurred by person other than the Southern Ute In­ For disposal at public sale under section reason of the conviction hereinabove dian Tribe shall be pursuant to license 2455 of the Revised Statutes (43 U.S.C. 1171). described. issued by the Tribal Council of the T. 5 S., R. 5 E„ . Southern Ute Indian Tribe. Sec. 12, SE%NE%, N E^SE ^.S^SE ft. Signed at Washington, D.C., this 19th T 7 S R 5 E day of January 1970. 2. That the Tribal laws, resolutions or Sec.’lO, Ei/2NE14. NE1/4 SE%. ordinances heretofore enacted which m g g g g [ sea l] R a n do lph W. T h r o w e r , prohibit the sale, introduction and pos­ Sec.'4, lot 14 and portion of Mineral Sur­ , Commissioner of Internal Revenue. session of intoxicating beverages within vey 5233; Sec. 22, NE^NE‘4 , SW ^NE^; [F.R. Doc. 70-1045; Filed, Jan. 27, 1970; the Southern Ute Indian Reservation are 8:47 a.m.] hereby repealed. Sec. 28, NE&, SE%NWV4-

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, Ï970 NOTICES 1119 T.8S..R.6E., T. 1 S„ R 16 E., T. 6 S., R. 21 E., sec. 2, lot 4 , swy4Nwy4, Wy2SWy4 ; Sec. 28, lots 8 and 10. Sec. 26, NW14NW&, Sy2NWy4; Sec. 30, lot 4. T. 2 S., R. 16 E., Sec. 29, lots 7, 10 and 15. T. 6 S., R. 7 E., Sec. 5, lot 4; T. 7 S., R. 21 E., Sec. 30, Ny2 lot 1, lot 8, W/2 lot 10, and Sec. 17, NE14NE14. Sec. 16, Ni/2SEi4; SW&NE&. Sec. 28, portion of Keystone mine (unsur­ T 3 S R 14 E MARIPOSA COUNTY veyed) in SWy4; Sec.29, Wy2NEi/4NWi/4SWi/4; T. 2 S., R. 15 E., Sec. 29, portion of Keystone, Dig More, and Sec. 30, Wi/2SE^NEy4SEÎ4. Sec. 9, SW14NE14SW14, NW&SE&SWÎ4; Hibernia mine (all unsurveyed); MERCED COUNTY Sec. 26, sy2sy2; Sec. 30, portion of North Star, Golden Rib­ Sec. 35,NE^NEy4. bon 1 and 2, and May mines (all unsur­ T. 11 S., R. 7 E., T. 4 S., R. 15 E., veyed) in SE(4; Sec. 21, land formerly designated as lots 37 Sec. 5, SE14SW14, SW1/4SEÎ4. Sec. 31, portion of Gold Ribbon 1 and and 38 (unsurveyed); T. 5 S., R. 15 E., Mary Mines (both unsurveyed) in NW(4 Sec. 24, SW^4SWi4; Sec. 25,E^SEy4. NE%; Sec. 28, unsurveyed land in Ny2NW*4 T. 3 S., R. 16 E., Sec. 32, portion of Keystone, Dig More, (formerly portions of lots 37 and 38). Sec. 1, lot 1; Hibernia, and Hibernia No. 2; T. 12 S., R. 7 E., Sec. 4, lot 3 (portion west of lot 65), and Sec. 33, portion of Hibernia and Hibernia Sec. 1, W%SW^4; lot 10; No. 2 (both unsurveyed) in NW»4. Sec. 11, N»/2NEi4, SW%NE^; Sec. 9, lot 12; T. 8S., R. 21 E„ Sec. 12.NW1/4NW14; Sec. 11, lot 3. Sec. 12, Ey2NWy4, NEy4SWV4, Ey2; Sec. 14, SE^SWyi, SW ^SE^; T. 4 S., R. 16 E„ Sec. 13, NE^NE^; Sec. 23, Ni/2NE^, SE^NE^, NE^NWyi, Sec. 23, SE % S W 14. Sec. 32, portion of lots 37 and 38; NW^SE^; T. 5 S., R. 16 E., Sec. 33, portion of lots 37 and 38, and lot Sec. 24, SW1/4NE1/4, NW14, SE^SW ^, Sec. 5, Mineral land; 42. SW%SE%. Sec. 10, Si/2NW^NE% (exclusive of Min­ T. 9 S., R. 21 E., T. 12 S., R. 8 E., eral Survey 5306 and Mineral Survey Sec. 2, S^NEy4; Sec. 6, lot 6; 5904), and S^NE% (exclusive of Mineral Sec. 22, NWy4NEy4; Sec. 7, lots 1 and 2. Survey 5306 and Mineral Survey 5904); Sec. 27, NWi4NE^, NE^NW^. T. 12 S., R. 9 E., Sec. 21, portion of Mineral Lot 43; T. 8 S., R. 22 E., Sec. 28, sy£NW}4; Sec. 31,NWy4SE^; Sec. 7, lot 1 and NE^NW^; Sec. 32, NEy4SWy4 , Ni/2SE%; Sec. 34, E^SE^SW ^. Sec. 9, swy4Nwy4. Sec. 33, N ^N E ^, E^NW ^, NWy4SW«/4i T. 6 S., R. 16 E., T. 9 S., R. 22 E., SE&swyi. Sec 14, SE%NE%. Sec. 6, Jumper lode mine; T. 13 S., R. 9 E., T. 3 S., R. 17 E„ Sec. 13, lot 3, SE&SW&j Sec. 3, lots 6, 7, 8, 9, 10, and 11, and Sec. 19, lot 18; Sec. 14, NEy4SE%; N W & SE yi; Sec. 29, lot 46; Sec. 22, NE14NW&, NE^SE^; Sec. 4, lots 8, 9, 10, 15, and 16; Sec. 30, lot 15. Sec. 24, NWy4, NE^SW ^. Sec. 5, lot 5; T. 6 S„ R. 17 E., Sec. 10, W^NE^, NW&. N^SW^, NWy4 Sec. 12, NW%SE^; FRESNO COUNTY SE^4; Sec. 25,NE^SIWi4. T. 13 S., R. 15 E., Sec. 11, lot 1, NE^NWy4. NW%NE%; T. 4 S., R. 18 E., Sec. 18, lot 3. Sec. 12, lot 4. Sec. 14, lot 12; T. 9 S., R 22 E., Tv 13 S., R. 10 E., Sec. 22, lot 4; Sec. 23, W ^NW ^; Sec. 15, lots 1, 2, 7 and 8. Sec. 26, lot 3; Sec. 24, SWi4SW%. T. 12 S., R. 11 E., Sec. 27, lot 9; T. 11 S., R. 23 E„ Sec. 18, S»/2 lot 8; Sec. 28, Talk quartz lode mining claim; Sec. 2, W y2 lot 1; Sec. 19, lots 1, 2 and N& lot 8. Sec. 33, lot 7; Sec. 3, NEi/4SWy4. Sec. 35, Penobscot lode mining claim. T. 12 S., R. 23 E., TUOLUMNE COUNTY T. 5 S„ R. 19 E., Sec. 3, lots 10,11 and 13; T. 1 s., R. 12 E„ Sec. 3, lot 2; Sec. 10, lot 2; Sec. 1, SEy4SE»4. Sec. 5, lot 2; Sec. 15, E14SE14; T. IN., R. 13 E., Sec. 19, lot 4 and SE%SW%; Sec. 22, E14NE14. T. 11 S., R. 24 E., Sec. 25, Last Chance Quartz mine (un- Sec. 30, SW14NE14, E%NWi4. T. 6 S., R. 19 E., Sec. 5, lots 2 and 3; surveyed) and Morning Glory Quarts Sec. 22, SWi4SEy4. mine (unsurveyed); Sec. i,sw y4Nwy4; T. 12 S., R. 24 E., Sec. 27, SEi/4NEi4NEi/4, NE^NE^SW ti Sec. 5, portion of St. Paul lode mining Sec. 22, NEy4SWy4. s y2 ne y4 s w y4 , S i/ 2 NW y4 SW y4 ; claim; Sec. 34, SEy^NEU Sec. 6, lots 2 and 3, SW ^NE^, SE^NWy4; T. 13 S.,R. 24 E„ T.1S..R.13E., Sec. 20, NE14NW&. Sec.8.SEy4SEy4; Sec. 2,NWi/4SWi/4,SEi/4SWy4; T. 7 S., R. 19 E., Sec. 9 , NE14SE14, sy2SE»4 ; Sec. 3, SW ^SE^; Sec. 4, SE14SE14. Sec. 10, W%swy4, sy^SEyi; Sec. 9, Si/2NEy4, Ni/2SE%; Sec. 11, SW14SW14; T. 9 S„ R. 19 E„ Sec. 15, NEy4NEy4; T^c. 10, EEy4Nwy4 ,swy4Nwy4, sw&swyi Sec. 5, lot 4. Sec. 24, SE14SE14, T. 5 S„ R. 20 E„ Sec. 15,SWi2sEy4. T. 13 S., R. 25 E„ Sec. 26, Ni/2SWÎ4, NW&SE^. Sec. 13,NEy4SWy4; T.2N..R.14E, T. 6 S., R. 20 E„ Sec. 2 , N W p w y 4NWy4; Sec. 24, Wi/2SEy4,NEy4SEy4; Sec. 22, lot 1. Sec. 5, Ei/2SWy4; Sec. 25, Wi/2NEy4, sy2NW»4. T. 1 N., R. 14 E., Sec. 18, lot 1. T. 14 S., R. 25 E„ Sec. 21, lot 43; MEDERA COUNTY Sec. 18, lot 1. Sec. 24, NE14SE14; T. 13S..R. 26 E., Sec. 27, lot 7; T ,8S„R . 18 E„ Sec. 6,SEy4SWy4; Sec. 34, lot 4. Sec. 7, wy2NEy4; T l^ r ’ sl/^sw l^ NE1/4' s w ^ s e ^ s e ^ . T. 6 S., R. 20 E„ Sec. 19, NEi4SWy4. Sec. 2, lot 63;* Sec. 27, lots 11 and 14. T. 14 S., R. 26 E„ T. 7S..R20 E„ Sec. 3, w y2swy4 (exclusive of Mineral Sur­ T. 1 N„ R. 15 e „ vey 5000 and Mineral Survey 5808), Sec. 1, lots 6 and 7 (exclusive of Mineral Sec. 15, portion of lot 39; Sec. 17, NWy4NW(4; SE14SW14 (exclusive of Mineral Survey Survey 4436). 5808 and 97 Discovery lode m ine), and T. 2 N., R. 16 E„ Sec. 23, lots 3, 4, 6 and 7; Sec. 24, Si/2SEy4NE%. 97 Discovery lode mine; Sec. 33, lot 12 (exclusive of Mineral Sur­ Sec. 4, lot 6 (exclusive of Mineral Survey vey 5993). T. 8 S., R. 20 E„ Sec. 2, NE^SE^. 4999, Mineral Survey 5000, and Mineral T-1 S., R. 15 e ., Survey 5808), and SE14SE14 (exclusive Sec. 7, lot 15; T. 9 S., R. 20 E„ of Mineral Survey 5808); Sec. 22, lot 5 and Mineral Survey 5635B; Sec. 6, NEy4SEy4; Sec. 10, Ny2NW% (exclusive of 97 Discovery Sec. 33, lots 5 ,6 , 7,13, and 14. Sec. 22, unpatented portions of lots 37 and lode mine, White Cross lode mine, R. E. T. 2 S., R. 15 e ., 38; Lee lode mine, and Mineral Survey 5808), Sec. 4, lot 8. Sec. 23, lot 8, and unpatented portions of and 97 Discovery lode mine, White Cross lots 37, 39, and 40. lode mine, and R. E. Lee lode mine.

No. 19- FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1120 NOTICES T. 14 S., R. 27 E., T. 2 N., R. 16 E., [Serial No. Idaho 3295] Sec. 6, lots 4 and 5, and SE*4NW%; Sec. 16, NE^NE^NW ii; IDAHO Sec. 8, S%NE%, SE%NW%; Sec. 20, SE%SW^. Sec. 32, SEi/4 SW^. T. 1 S., R. 16 E., Notice of Proposed Withdrawal and Sec. 19, lots 10 and 11; The public lands described above ag­ Sec. 20, lot 5 (exclusive of Mineral Survey Reservation of Lands gregate approximately 10,830.32 acres. 4561 and Miracle Mine), and portion of J anuary 20,1970. The following lands are classified for Miracle Mine (exclusive of lots 5 and 42); State Indemnity Lieu Selection <43 Sec. 21, portion of Gold Run Lode in The Department of Agriculture has U. S.C. 851,852): N%SEi/4; filed an application, Serial No. 1-3295, for Sec. 22, portion of Gold Run Lode in the withdrawal of the lands described TUOLUMNE COUNTY N w y4s w y 4 . below, from all forms of appropriation T. 2 N., R. 14 E., The public lands described above ag­ under the public land laws, including Sec. 21, N»/2NE%. gregate approximately 244.28 acres. the mining laws but not the mineral leas­ T. 2 N., R. 15 E., The following public lands are classi­ ing laws, subject to valid existing rights. Sec. 30, lot 2 and lot 47 (exclusive of lot The applicant desires the land for 43). fied for exchange under section 8 of the Taylor Grazing Act (43 U.S.C. 315g); public purposes as recreation areas on The public lands described above ag­ or for sale under section 2455 of the Re­ the Sawtooth National Forest. gregate approximately 118.54 acres. vised Statutes (43 U.S.C. 1171): For a period of 30 days from the date The following lands are classified for of publication of this notice, all persons lease or sale under Recreation and Pub­ MARIPOSA COUNTY who wish to submit comments, sugges­ lic Purposes Act (44 Stat. 741 and 68 T. 5 S., R. 15 E., tions, or objections in connection with Stat. 173; 43 U.S.C. 869): Sec. 2, lot 1. the proposed withdrawal may present T. 4 S., R. 17 E„ their views in writing to the undersigned TUOLUMNE COUNTY Sec. 25, SE14NW14, Ei/2SWi4, SE^SE^; officer of the Bureau of Land Manage­ Sec. 34, lot 6 and SE%SE%; T. 1 N., R. 14 E., Sec. 35, Ey2SEi4. ment, Department of the Interior, Room Sec. 2, lots 2, 5, and 6 , and SW&NE}4; T. 5 S., R. 17 E„ 334, Federal Building, 550 West Fort Sec. 28, N%NE%NE%, Sec. 1, lots 3 and 4; Street, Boise, Idaho 83702. T. 1 N., R. 15 E., Sec. 2, lots 1, 2, and 3. The authorized officer of the Bureau of Sec. 12,SW%NE%. Land Management will undertake such T. 2 N., R. 16 E., The public lands described above ag­ investigations as are necessary to deter­ Sec. 33, lot 5; lot 41 (unsurveyed); lot 56 gregate approximately 504.85 acres. (unsurveyed); and lot 57 (unsurveyed). mine the existing and potential demand T. 1 S., R. 16 E., The following lands are classified for for the lands and their resources. He will Sec. 21, portion of Sampson Lode in State Indemnity Lieu Selection (43 U.S.C. also undertake negotiations with the ap­ se y4 . 851, 852); or for sale under section 2455 plicant agency with the view of adjust­ of the Revised Statutes (43 U.S.C. 1171); ing the application to reduce the area MADERA COUNTY or for exchange under section 8 of the to the minimum essential to meet the T. 7 S., R. 20 E., Taylor Grazing Act (43 U.S.C. 315g>: applicant’s needs, to provide for the Sec. 2, SE%. MARIPOSA COUNTY maximum concurrent utilization of the T. 7 S., R. 21 E., Sec. 5, SW ^NE^. , T. 5 S., R. 16 E., lands for purposes other than the ap­ Sec. 2, Standby quartz mine; portion of plicant’s, to eliminate lands needed for FRESNO COUNTY Prescott quartz mine; portion of Jack purposes more essential than the ap­ T. 10 S., R. 22 E., quartz mine; portion of No. 5 quartz plicant’s and to reach agreement on the Sec. 29, lots 12,13, and 14, and S^SE ^- mine; portion of No. 5 Extension quartz concurrent management of the lands and T. 11 S., R. 23 E., mine; and portion of Old Keoh quartz their resources. Sec. 25, portion of Clara H. lode mine (un­ mine; He will also prepare a report for con­ surveyed) ; Sec. 11, portion of Old Keoh quartz mine; sideration by the Secretary of the In­ Sec. 34, NEV4NEV4. Sec. 13, portion of lot 3, lot 4, portion of terior who will determine whether or not T. 13 S., R. 24 E., lot A, and portion of lot B. the lands will be withdrawn as requested Sec. 8 , lot 15 and SW ^NE^. The public lands described above ag­ T. 14 S., R. 27 E., by the Department of Agriculture. Sec. 5, lots 1, 2, 3, and 4; gregate approximately 130.27 acres. The determination of the Secretary Sec. 6, lot 1. The following lands are classified for on the application will be published in the F ederal R egister. A separate notice The public lands described above ag­ State Indemnity Lieu Selection (43 U.S.C. gregate approximately 937.56 acres. 851, 852), or for sale under section 2455 will be sent to each interested party of The following public lands are classi­ of the Revised Statutes (43 U.S.C. 1171): record. MARIPOSA COUNTY If circumstances warrant it, a public fied for sale under the Public Land Sale hearing will be held at a convenient time Act of September 19, 1964 (78 Stat. 988; T. 6 S., R. 19 E„ and place which will be announced. 43 U.S.C. 1421-1427): Sec. 7, lot 3 and SE^NE^; Sec. 8, Ni/2NW»4, SWi/4NW)4. The lands involved in the application TUOLUMNE COUNTY are: MADERA COUNTY T. 2 N., R. 14 E., Boise Meridian, Idaho Sec. 29, lot 3 (exclusive of Mineral Survey T. 9 S., R. 19 E„ SAWTOOTH NATIONAL FOREST 4460), lot 6 (exclusive of Mineral Survey Sec. 20, NW%NE%. 5923), lot 8 (exclusive of Mineral Survey Howell Canyon Recreation Area 5544), lot 9 (exclusive of Mineral Survey The public lands described above ag­ T. 12 S., R. 25 E„ 4460 and Mineral Survey 5923), lot 10 gregate approximately 240.42 acres. Sec. 31, lot 4, Wi/2SEi4NE%, Ei/aSW^NE^, (exclusive of Mineral Survey 4460); and 4. For a period of 60 days from the SE%SW%, N%SE%, N%SW^SEi4; lots 11, 12 and 13; date of publication of this notice in the Sec. 32, SE14NW14, Sy2SEi4 SWyiNWH, Sec. 30, lots 5, 12, 15, 16, 17, 18, 19, 21, and F ederal R egister, all persons who wish Ny2swy4. 23; T. 13 S., R. 24 E„ Sec. 32, lots 16 and 17. to submit comments, suggestions, or ob­ jections in connection with the proposed Sec. 1, Ny2 of lot 1, lots 2, 3,4; T. 1 N., R. 14 E„ Sec. 2, lots 1, 2, 3, SVfcN%, SW>4; Sec. 4, lot 6 ; classification may present their views in sec. 3, lots 1, 2, sy2Ny2, Ny2sy>, s w ^ s w ^ ; Sec. 5, Ey2SE%SWV4NW)4; writing to the Folsom District Manager, Sec. 4, lot 2, sy2NE%, NE^SWi4, S^SWft, Sec. 9, lot 4 (exclusive of Mineral Survey Bureau of Land Management, 63 Natoma SEi/4; 5876) lots 9, 15, 16, 17, and lot 46B (ex­ Street, Folsom, Calif. 95630. Sec. 9, Ni/zNE^, SW ^NE^, E^NW ^. clusive of lot 46A). T. 2 N., R. 15 E., For the State Director. Totaling 2,048.88 acres in Cassia County. Sec. 14, Mineral Survey 5133; D elmar D. Vail, » Dollar Lake Recreation Area Sec. 15, Si/2NWV4NWVi. District Manager. T. 1 N., R. 16 E., T. 4 N., R. 17 E., Sec. 4, lot 10; [PJt. Doc. 70-1031; Plied, Jan. 27, 1970; Sec. 10 lots 1,2, SE%SW%; Sec. 9, Mineral Survey 4746. 8:46 a.m.] Sec. 15, lots 1, 2, 3,5, and 6.

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 NOTICES 1121 Totaling 264.39 acres in Blaine County. Sec. 10, Wy2SW%; solidated Farmers Home Administration Sec. 11, lots 1, 2, 3, and 4; Act of 1961 (7 U.S.C. 1961), it has been Galena Summit Overlook Sec. 13, lots 1,2, and S E ^ S E ^ ; _ T. 6 N., R. 15 E. (Unsurveyed Protraction Dia­ Sec. 14, lots 1,2, 3,4, andW>/2E ^ ; determined that in the hereinafter- gram No. 95), Secs. 5, 6, 7, and 8. Sec. 24,NE%. named counties in the State of Missis­ T. 12 N., R. 10 E., sippi, natural disasters have caused a A tract of land, described by metes and Sec. 18, lots 1 and 2; need for agricultural credit not readily bounds, as follows: Beginning at Engineer’s Sec. 19, lot 1. available from commercial banks, co­ Station G05-201-1, which is a 3-inch brass T. 14 N„ R. 2 W., operative lending agencies, or other re­ cap set in cement, said monument being es­ Sec. 24, W y2. tablished for the Galena Summit Overlook sponsible sources. survey baseline. Other points are referenced The areas described above aggregate Mississippi by 2-inch brass caps set in cement. Prom 3,834.91 acres. said point of beginning by metes and bounds: Clay. Lowndes. W . J. A nderson, Grenada. Oktibbeha. S. 12°56'30" W., 373.48 feet to Corner No. 2; State Director. S. 40°30'22" W., 1236.91 feet to Corner No. 3; Pursuant to the authority set forth S. 47°14'26'' W., 783.55 feet to Corner No. 4; [F.R. Doc. 70-1030; Piled, Jan. 27, 1970; N. 11°46'O0" E., 960.46 feet to Corner No. 5; 8:46 a.m.] above, emergency loans will not be made N. 41°00'45-' E., 853.06 feet to Corner No. 6 ; in the above-named counties after N. 70°16'29" E., 750.69 feet to Corner No. 1 June 30, 1970, except to applicants who the place of beginning. previously received emergency or special livestock loan assistance and can qualify The tract described contains 20.90 acres, DEPARTMENT OF AGRICULTURE more or less, in Blaine County. under esta b lish e d policies and Office of the Secretary procedures. The areas described aggregate 2,334.17 acres in Cassia and Blaine Counties, ALABAMA Done at Washington, D.C., this 22d day of January 1970. Idaho. Designation of Areas for Emergency E. D . B arnes, Clifford M. H ardin, Acting Manager, Land Office. Loans Secretary of Agriculture. [F.R. Doc. 70-1027; Piled, Jan. 27, 1970; For the purpose of making emergency [P.R. Doc. 70-1069; Piled, Jan. 27, 1970; 8:45 a.m.] loans pursuant to section 321 of the Con­ 8:48 a.m.] solidated Farmers Home Administration Act of 1961 (7 U.S.C. 1961), it has been [New Mexico 10827] determined that in the hereinafter- MISSOURI NEW MEXICO named counties in the State of Alabama, natural disasters have caused a need for Designation of Areas for Emergency Notice of Proposed Classification agricultural credit not readily available Loans J anuary 20,1970. from commercial banks, cooperative For the purpose of making emergency lending agencies, Pursuant to section 2 of the Act of or other responsible loans pursuant to section 321 of the Con­ September 19, 1964 (43 U.S.C. 1412), sources. solidated Farmers Home Administration notice is hereby given of a proposal to Alabama Act of 1961 (7 U.S.C. 1961), it has been classify the lands described below for dis­ Blount. Lawrence. determined that in the hereinafter- posal through exchange under the Act Bullock. Limestone. named counties in the State of Missouri, of June 28, 1934 (48 Stat. 1269; 43 U.S.C. Butler. Lowndes. natural disasters have caused a need for Choctaw. Macon. agricultural credit not readily available 315g), as amended. Coffee. Madison. The land meets the criterion of 43 Colbert. Marengo. from commercial banks, cooperative CFR 2410.1-3 (c) (4), which authorizes Conecuh. Marion. lending agencies, or other responsible classification of lands “for exchange Cullman. Marshall. sources. under appropriate authority where they Dallas. Montgomery. Missouri are found to be chiefly valuable for public De Kalb. Morgan. Butler. New Madrid. Payette. Pickens. Dunklin. Stoddard. purposes because they have special Franklin. Pike. values, arising from the interest of ex­ Geneva. St. Clair. Pursuant to the authority set forth change proponents, for exchange for Greene. Shelby. above, emergency loans will not be made other lands which are needed for the Hale. Sumter. in the above-named counties after support of a Federal program.” Informa­ Henry. Talladega. June 30, 1970, except to applicants who tion concerning the lands, including the Houston. Tuscaloosa. previously received emergency or special record of public discussions, is available Lamar. Wilcox. livestock loan assistance and can qualify for inspection and study at the Albuquer­ Lauderdale. under established policies and proce­ que District Office, Bureau of Land Man­ Pursuant to the authority set forth dures. agement, 1304 Fourth Street NW„ above, emergency loans will not be made Done at Washington, D.C., this 22d day Albuquerque, N. Mex. 87107. For a period in the above-named Counties after of 60 days from the date of this publica­ June 30, 1970, except to applicants who of January, 1970. tion, interested parties may submit com­ previously received emergency or special Clifford M. H ardin, ments to the District Manager of the livestock l o a n assistance and can Secretary of Agriculture. Albuquerque District. qualify under established policies and [F.R. Doc. 70-1070; Piled, Jan. 27, 1970; The lands affected by this proposal are procedures. 8:48 a.m.] located in Santa Fe and Sandoval Coun­ Done at Washington, D.C., this 22d ties and are described as follows: day of January 1970. New Mexico P rincipal Meridian NORTH CAROLINA Clifford M. H ardin, T. 13 N„ R. 3 E., Secretary of Agriculture. Designation of Areas for Emergency Sec. 9,W%Wi4; Sec. 27; [P.R. Doc. 70-1068; Piled, Jan. 27, 1970; Loans 8:48 a.m.] Sec. 28, E y2; For the purpose of making emergency Sec. 33, lots 1, 2, and NE%; loans pursuant to section 321 of the Con­ Sec. 34, lots 1 , 2 , 3, 4, and N%; MISSISSIPPI Sec. 35, iots 2,3,4, and NV,. solidated Farmers Home Administration T-12N..R.9E., Designation of Areas for Emergency Act of 1961 (7 U.S.C. 1961), it has been Sec. 3, Wi/2 lot 2 of NWy4 (NWy4NWy4 ); Loans determined that in the hereinafter- 2 of NE% (Ny2NEi/4 ), Ei/2 lot 1 of named counties in the State of North ^ y 4 (SEy4NEy4 ). wy2 lot 1 of Nwy4 For the purpose of making emergency Carolina, natural disasters have caused a (SW}4NW%) and SE&SW%; loans pursuant to section 321 of the Con­ need for agricultural credit not readily

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 197Q 1122 NOTICES available from commercial banks, co­ Texas operative lending agencies, or other re­ Austin. Liberty. CIVIL SERVICE COMMISSION sponsible sources. ,■ Chambers. Wharton. Fort Bend. DEPARTMENT OF JUSTICE North Carolina Bertie. Wayne. Pursuant to the authority set forth Notice of Revocation of Authority to Edgecombe. above, emergency loans will not be made Make Noncareer Executive Assign­ in the above-named counties after Pursuant to the authority set forth ment above, emergency loans will not be made June 30, 1970, except to applicants who in the above-named counties after previously received emergency or special Under authority of § 9.20 of Civil Serv­ June 30, 1970, except to applicants who livestock loan assistance and who can ice Rule IX (5 CFR 9.20), the Civil Serv­ previously received emergency or special qualify under established policies and procedures. ice Commission revokes the authority of livestock loan assistance and who can the Department of Justice to fill by non­ qualify under established policies and Done at Washington, D.C., this 22d procedures. day of January, 1970. career executive assignment in the ex­ cepted service the position of Staif As­ Done at Washington, D.C., this 22d day Clifford M. H ardin, sistant, Office of Assistant Attorney of January, 1970. Secretary of Agriculture. General, Criminal Division, Clifford M. H ardin, [F.R. Doc. 70-1073; Filed, Jan. 27, 1970; Secretary of Agriculture. 8:48 a.m.] U nited S tates Civil S erv­ ice Com m ission, [F.R. Doc. 70-1071; Filed, Jan. 27, 1970; [ seal] J ames C. S pry, 8:48 a.m.] Executive Assistant to CIVIL AERONAUTICS BOARD the Commissioners. TENNESSEE [Docket No. 20781] [F.R. Doc. 70-1054; Filed, Jan. 27, 1970; Designation of Areas for Emergency INTERNATIONAL AIR TRANSPORT 8:47 a.m.] Loans ASSOCIATION For the purpose of making emergency Notice of Oral Argument loans pursuant to section 321 of the Con­ solidated Farmers Home Administration IATA agreements relating to transat­ FEDERAL HOME LOAN BANK BOARD Act of 1961 (7 U.S.C. 1961), it has been lantic fares; agreement CAB 21537 R-l determined that in the hereinafter- through R-13 and R-15 through R-49. [H.O. 57] named counties in the State of Tennes­ Notice is hereby given, pursuant to the see, natural disasters have caused a need provisions of the Federal Aviation Act of FIDELITY CORP. for agricultural credit not readily avail­ 1958, as amended, that oral argument in Notice of Receipt of Application for able from commercial banks, cooperative the above-entitled matters is assigned to lending agencies, or other responsible be heard on February 4,1970, at 10 a.m., Permission to Acquire Control of sources. e.s.t., in Room 1027, Universal Building, Universal Savings Association T ennessee 1825 Connecticut Avenue NW„ Washing­ J anuary 23, 1970. Fayette. Shelby. ton, D.C., before the Board. Notice is hereby given that the Federal Pursuant to the authority set forth Dated at Washington, D.C., Janu­ Savings and Loan Insurance Corporation above, emergency loans will not be made ary 22,1970. has received an application from the Fi­ in the above-named counties after delity Corp., Richmond, Va., a diversified June 30, 1970, except to applicants who [ seal] T homas L. W renn, previously received emergency or special Chief Examiner. savings and loan holding company, for livestock loan assistance and who can [F.R. Doc. 70-1055; Filed, Jan. 27, 1970; approval of acquisition of control of the qualify under established policies and 8:47 a.m.] Universal Savings Association, Akron, procedures. Ohio, an insured institution, under the Done at Washington, D.C., this 22d [Docket No. 18884] provisions of section 408(e) of the Na­ day of January, 1970. PACIFIC NORTHWEST-CALIFORNIA tional Housing Act, as amended (12 Clifford M. H ardin, INVESTIGATION U.S.C. 1730(a)), and § 584.4 of the regu­ Secretary of Agriculture. lations for Savings and Loan Holding Notice of Postponement of Oral Companies, said acquisition to be effected [F.R. Doc. 70-1072; Filed, Jan. 27, 1970; Argument 8:48 a.m.] by the merger of Universal Savings Asso­ Notice is hereby given, pursuant to the ciation into The Akron Savings and Loan TEXAS provisions of the Federal Aviation Act of Co., Akron, Ohio, a subsidiary of Fidelity 1958, as amended, that oral argument Corp. Comments on the proposed acqui­ Designation of Areas for Emergency in the above-entitled proceeding now sition should be submitted to the Loans assigned for February 4 is postponed to February 11, 1970, to begin at 10 am., Director, Office of Examinations and For the purpose of making emergency e.s.t., in Room 1027, Universal Building, Supervision, Federal Home Loan Bank loans pursuant to section 321 of the Con­ 1825 Connecticut Avenue NW., Washing­ Board, Washington, D.C. 20552, within 30 solidated Farmers Home Administration ton, D.C. Act of 1961 (7 U.S.C. 1961), it has been days of the date this notice appears in determined that in the hereinafter- Dated at Washington, D.C., Janu­ the F ederal R egister. ary 22,1970. named counties in the State of Texas, [ seal] J ack Carter, natural disasters have caused a need for [ seal] T homas L. W renn, Secretary, agricultural credit not readily available Chief Examiner. Federal Home Loan Bank Board. from commercial banks, cooperative lending agencies, or other responsible [F.R. Doc. 70-1056; Filed, Jan. 27, 1970; [F.R. Doc. 70-1075; Filed, Jan. 27, 1970; sources. 8:47 a.m.] 8:48 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 NOTICES 1123 (b) Valuation. The basis of valuation For permission to inspect contact Mr. DEPARTMENT OF COMMERCE of the traded-in and traded-out vessels Jules V. Bech, Fleet Superintendent, will be the same as previously used in the Beaumont Reserve Fleet, Post Office Box Maritime Administration case of the C4 troopships as announced 6355, Beaumont, Tex. 77705 (Telephone: T2-SE-A2 MISSION SAN RAFAEL in the F ederal R egister issues of Febru­ Area Code 713, 835-3337). ary 1, 1964 (29 F.R. 1665, 1667), April 14, Notice of Availability for Major 1964 (29 F.R. 5092), June 11, 1964 (29 Dated: January 23,1970. Conversion and Restoration for F.R. 7520), August 3, 1966 (31 F.R. By order of the Maritime Administra­ Commercial Operation 10425), November 17, 1967 (32 F.R. tor. 15848), December 30, 1967 (32 F.R. J ames S. D aw so n, Jr., Pursuant to the Ship Exchange Act 21043), March 7, 1968 (33 F.R. 4277), Secretary. (Section 510 (i) of the Merchant Marine May 21, 1968 (33 F.R. 7500) and Au­ [F.R. Doc. 70-1140; Filed, Jan. 27, 1970; Act, 1936), as added by Public Law 86- gust 29, 1968 (33 F.R. 12202). 8:49 a.m.] 575 and amended by Public Law 89-254, (c) Applications. Applications for the 46 U.S.C. 1160 (i), tankers from the Mar­ exchange of ships shall be submitted to itime Administration National Defense the Chief, Office of Ship Operations, Reserve Fleet anchorages may be traded- Maritime Administration, Washington, DEPARTMENT OF HEALTH, out for use in the Great Lakes trades, or D.C. 20235, on Form MA-182. To assist for use, after major conversions, for dry the Maritime Administration in arriving cargo carriers or liquid bulk carriers in­ at a proper determination of the ship EDUCATION, AND WELFARE cluding natural gas carriers but exclud­ assignment, applications shall furnish Office of the Secretary ing bulk petroleum carriers. Available for with their applications the following in­ trade-out under the provisions of the formation in the order listed : OFFICE OF THE ASSISTANT SECRETARY Ship Exchange Act, as amended, to a ( 1 ) A statement of the applicant’s ship FOR HEALTH AND SCIENTIFIC AFFAIRS nonsubsidized American steamship oper­ operating ability and experience, includ­ ator in exchange for its older and less ef­ ing the number and types of American- Statement of Organization, Functions, ficient ship in accordance with the terms flag ships recently owned and operated and Delegations of Authority herein stated, is the T2-SE-A2 type by the applicant and the trades in which Section 2-110 of Part 2 of the State­ tanker “Mission San Rafael,” owned by operated. ment of Organization, Functions, and the United States of America, repre­ (2) Name, official number, and type Delegations of Authority for the Depart­ sented by the Secretary of Commerce, of ship to be traded-in, and her operat­ ment of Health, Education, and Welfare acting by and through the Maritime Ad­ ing service during the preceding year. is hereby amended as follows: ministrator. The traded-out tanker shall (3) Financial resources available to S ec. 2-110-00 Mission. The Assistant be converted to an elongated bulk carrier, the applicant and proposed method of Secretary (Health and Scientific Affairs) container carrier, or other specialized financing. serves as the principal advisor to the Sec­ and desirable type of ship. The traded-in (4) Outline plans and description of retary on health and scientific affairs ship shall have been in operation in the the proposed conversion including a de­ and provides leadership for the health ocean trades during the 1 year immedi­ scription of the ship’s cargo handling activities of the Department. In addition, ately prior to the date of the exchange. capability. he supervises the four agencies of the Other disposition. This Notice of Avail­ (5) Bale cubic and deadweight Department which constitute the Public ability of the tanker for exchange under capacity after conversion. Health Service. The Assistant Secretary the Ship Exchange Act shall not pre­ (Health and Scientific Affairs) promotes clude the Maritime Administrator from (6) Estimated speed in knots after conversion. and assures the highest level of health allocating the tanker to a Great Lakes attainable for every person, in an en­ operator for conversion to a commercial (7) Proposed manning schedule. vironment which contributes positively to tanker or from pursuing such other dis­ (8) Estimated costs of proposed con­ healthful individual and family living. position of the tanker as he may deem to version and restoration for commercial The responsibilities related to health and be in the best interest of the United operation. scientific affairs which are the concern States. As required by the Ship Exchange (9) Description of proposed commer­ of the Office of the Assistant Secretary Act, approval of the Department of De­ cial trade of traded-out ship. (Health and Scientific Affairs), include fense has been received for the trade- development, coordination, review, and out of the tanker. (10) Pro forma statement of antici­ evaluation of policies and priorities as (a) Basis of assignment. Exchange of pated operating results for operation in well as the initiation, review, and ap­ the tanker for conversion and restora- proposed commercial trade on an annual proval of legislative budgetary, and pro­ tion for commercial operation will be basis. gram planning proposals. *n accordance with the provisions Applications must be received on or be­ w the Ship Exchange Act and of General fore February 25,1970. S ec. 2-110-10 Organization. A. The Order 92 Rev. (46 CFR Part 375) as pub­ (d) Tanker available. The tankerOffice of the Assistant Secretary (Health lished in the F ederal R egister issue of available for assignment is the T2-SE- and Scientific Affairs), under the super­ A2 type tanker “Mission San Rafael vision of the Assistant Secretary f 25, 1969 (34 F.R. 6929). However, includes: Afr+u 6 T>urP°se of making an assignment (AO-130)”, located at the Beaumont, i the tanker to an applicant, applica­ Texas Reserve Fleet anchorage. Her gen­ Surgeon General/Deputy Assistant Secre­ tions will be closely evaluated and the al­ eral design characteristics are as follows : tary (Health and Scientific Affairs). location made for a trade and to an LOA ______----- 503'. Deputy Assistant Secretary (Research and pphcant within a trade which, in the Breadth ______68'. Development). juagment of the Maritime Administrator, D e p th ______----- 39'3". Deputy Assistant Secretary (Health Man­ v.1.., a°hieve the greatest shipping capa- SHP ______----- 10,000. power) . ~!lty. a^d productivity, taking into ac­ Machinery ----- Turta-elec. Deputy Assistant Secretary (Environmental count the relative needs of the trade, in G ross______----- 10,543. Health and Prevention of Disease Prob­ the purposes and policies N e t______----- 6,493. lems) . DWT ______16,350. Deputy Assistant Secretary (Health Serv­ Merchant Marine Act, 1936, as Displ ------21,880. ices) . . applicant’s operating S p e e d ______----- 18. the applicant’s financial respon- Deputy Assistant Secretary (Family Plan­ : J^ ia n d other factors having a bear- Builder: Marinship Corp., Sausalito, Calif. ning and Child Health). g on the intent of the Ship Exchange Delivery Date: 3-1944. Deputy Assistant Secretary (Regional Activi­ Act, as amended. MO Hull No. 1276. ties and Intergovernmental Relations). (All figures are approximate). Office of Policy Implementation.

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1124 NOTICES

Office of International Health. with Government and other organiza­ K. The Office of International Health Special Assistants to the Assistant Secre­ tions involved in health manpower mat­ provides policy guidance and coordina­ tary (Health and Scientific Affairs). ters, liaison with health professional tion of the Department’s international Executive Assistant to the Assistant Secre­ schools and other educational institu­ health program activities; technical tary (Health and Scientific Affairs). tions in policies related to institutional services on international health matters B. In the absence of the Assistantsupport for education and health man­ to Agency for International Develop­ Secretary (Health and Scientific Af­ power development; and the develop­ ment, the Department of State, and fairs) , the Surgeon General serves as the ment of legislative proposals related to other Federal agencies; and liaison with Acting Assistant Secretary (Health and health manpower and policies related to international agencies. Scientific Affairs). educational institutions. L. The Office of the Executive Assist­ S ec. 2-110-20 Functions. A. The As­ F. The Office of the Deputy Assistant ant is responsible for arrangements to sistant Secretary (Health and Scientific Secretary (Environmental Health and meet the internal management needs of Affairs) exercises policy direction and Prevention of Disease Problems) pro­ the Office of the Assistant Secretary control over the activities of the Public vides guidance on policy and coordina­ (Health and Scientific Affairs). Health Service made up of the Health tion of programs designed to assure ef­ M. Special Assistants act as personal Services and Mental Health Administra­ fective protection for every American assistants to the Assistant Secretary tion, the Environmental Health Service, against controllable hazards to health (Health and Scientific Affairs) and to the Food and Drug Administration and in his environment and in the products the Surgeon General. They handle spe­ the National Institutes of Health. and services which enter his life. Pro­ cial, short-term projects at the request B. The Assistant Secretary (Health vides liaison with other governmental of the Assistant Secretary (Health and and Scientific Affairs) provides health and private institutions and organiza­ Scientific Affairs). policy direction over all health and tions providing planning and develop­ Dated: January 22, 1970. health-related programs in the Depart­ ment toward improved environmental ment. He coordinates the health and R obert H. F inch, control and health protection. Secretary. health-related functions of the Depart­ G. The Office of the Deputy Assistant ment with those of other Federal agen­ Secretary (Health Services) provides [F.R. Doc. 70-1039; Filed, Jan. 27, 1970; cies and provides advice and assistance 8:46 a.m.] on health matters to such agencies as guidance on policy and program coordi­ requested. Advice and technical support nation, resource allocation and legisla­ tive planning for DHEW programs con­ HEALTH SERVICES AND MENTAL also is provided to international health cerned with financing, organization, and organizations. HEALTH ADMINISTRATION C. The Surgeon General/Deputy As­ delivery of health and medical care serv­ ices; and for liaison with governmental Statement of Organization, Functions, sistant Secretary (Health and Scientific and other organizations concerned with Affairs) is the principal deputy to the financing, organization and delivery of and Delegations of Authority Assistant Secretary (Health and Scien­ health or medical care services. Part 5 (Health Services and Mental tific Affairs) and acts as the alter ego of Health Administration) of the State­ the Assistant Secretary. The primary re­ H. The Office of the Deputy Assistant sponsibility of the Surgeon General is Secretary (Family Planning and Child ment of Organization, Functions, and to assist the Assistant Secretary (Health Health) provides guidance on policy and Delegations of Authority for the Depart­ and Scientific Affairs) in top manage­ program coordination, resource alloca­ ment of Health, Education, and Welfare ment direction and control over the tion, evaluation of legislative and pro­ (33 F.R. 15953, Oct. 30, 1968), is hereby activities of the four health agencies, gram proposals in this field; coordinates amended with regard to section 5-B, Or­ Health Services and Mental Health the role of the operating agencies, par­ ganization as follows: Administration, Environmental Health ticularly with the program of other de­ Delete the heading “National Center Service, Food and Drug Administration partments and agencies. for Health Services Research and Devel­ and the National Institutes of Health. I. The Deputy Assistant Secretary opment (2100)” and entire text there­ The Surgeon General is the chief ca­ (Regional Activities and Intergovern­ under up to heading “National Center for reer health professional in the Depart­ mental Relations) serves as a liaison be­ Health Statistics (2200)” and insert in ment of Health, Education, and Welfare tween the Assistant Secretary (Health place thereof : and is responsible for the administra­ and Scientific Affairs) and the 10 As­ N ational Center for H ealth S ervices tion of the Commissioned Corps of the sistant Regional Directors for Health R esearch and D evelopment (3000) Public Health Service. and Scientific Affairs. He interprets D. The Office of the Deputy Assist­ policy and procedure and keeps them in­ Conducts or, by means of grants and ant Secretary (Research and Develop­ formed of the Assistant Secretary’s and contracts, supports, promotes, and stim­ ment) provides guidance on policy and the Secretary’s priorities and major ulates a national program of health serv­ program coordination relating to bio­ policy directives. He acts for the Assist­ ices research and development and dem­ medical research and research training; ant Secretary in assuring that these onstrations, involving basic studies and research and development related to the policies are carried out in the field resources development and large-scale occupational and environmental deter­ through the Assistant Regional Direc­ projects which progress from research minants of ill health and the elimina­ tors for Health and Scientific Affairs. He through pilot-testing and installation or tion of environmental and work hazards; also keeps the Assistant Secretary in­ complex alteration of health care systems drug research and development, evalua­ formed of issues, opinions, and problems or components, including: (1) improving tion and utilization; and related scien­ at the local and State levels in each the availability of health services to all tific problems. region. people; (2) assisting all health profes­ This office serves as the focal point J. The Office of Policy Implementa­ sions to improve their capabilities for as­ for liaison on matters of science with tion serves as an analytical staff advising sessing the quality of their services; (3) Federal research and development com­ the Surgeon General. This Office insures investigating the comparative costs of al­ mittees, departments and agencies, and that policy developed elsewhere in the ternative methods of providing and fi­ with nongovernmental agencies and in­ Office of the Assistant Secretary (Health nancing health services; (4) experiment­ stitutions concerned with health sciences and Scientific Affairs) is implemented ing with new architectural designs, site through the planning, budgeting, and locations and plans, and new methods ox and science related policies. construction; (5) increasing efficiency E. The Office of the Deputy Assistant legislative processes. This Office gives the Secretary (Health Manpower) provides Assistant Secretary (Health and Scien­ through new ways of utilizing health per­ guidance on policy and program coordi­ tific Affairs) an effective mechanism for sonnel and development of new types o nation in health manpower develop­ utilizing the guidance and services of the health workers at the professional, te?n" ment; guidance on DHEW health man­ other Assistant Secretaries and for deal­ nical, and auxiliary levels; (6) apply*1«» power training priorities, resource allo­ ing with the staffs of the four health and refining computer technology cation for program development; liaison agencies in these three functional areas. screening, automating medical records,

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 NOTICES 1125 and selected other aspects of the medical scientific and technical information habits and use of available services, (b) care process; (7) accelerating applica­ among health services researchers and social and psychological factors which tion of new or improved techniques for health care practitioners; (2) advises on affect the operation of health institutions the prevention, diagnosis, treatment, and policies relating to the communication and services, (c) the effects of social and control of diseases and disabilities; (8) of scientific and technical information legal factors on the availability, quality, designing and demonstrating experi­ in the Center’s area of competence; (3) and organization of services, (d) the mental health service systems in urban prepares a Scientific Publication Series evaluations of health services and pro­ and rural areas; (9) making multidisci­ comprised of scientific monographs, grams, including the use of epidemiologic plinary analyses of the organization and technical manuals, catalogs, and reports; methods, (e) the financial structure of functioning of all components of the (4) promotes the development and use of medical care, (f) improved techniques health services system; (10) increasing scientific information resources such as for identifying health needs, (g) alterna­ academic resources for training health libraries, published and unpublished tives for capital financing, (h) cost- services research and development per­ literature, meetings, and abstracting and benefit and cost-effectiveness of various sonnel; and (11) establishing and oper­ indexing; (5) fosters studies, research, ways of providing health services, and ating a health services data system and experiments with information (1) the economics of health manpower; relevant to research and develop­ transfer within the health services re­ (2) supports related research training; ment planning, policy making, and search and development community; and (3) consulte with other programs of the management. (6) acts as a resource to Center staff and Administration and the Department on Office of the Director (3C01). (1) others on scientific and technical infor­ improved methods of evaluating health Plans, directs, administers, coordinates, mation matters, including proposals and service programs; (4) collects, assembles, and evaluates the program and manage­ projects related to scientific and and disseminates information and results ment operations of the Center; (2) fos­ technical information. of social science and evaluation and ters and stimulates a national program Office of Administrative Management health economics research; and (5) of health services research and develop­ (3C19). (1) Plans, directs, and coordi­ establishes and maintains cooperative ment activities; (3) coordinates the nates administrative management activi­ working relationships with Federal and Center’s activities with other Adminis­ ties of the Center; (2) assists the Office State and other public and private orga­ tration organizational elements, other of the Director in the development of nizations concerned with social analysis Federal organizations within and out­ Center goals and objectives; (3) pro­ and evaluation, and economics of health side the Department, State and local vides central business services for the service. bodies, and professional and scientific Center, including personnel staff devel­ Health Care Organization and Re­ organizations; (4) performs legislative opment services, contract liaison, man­ sources Division (3C45). (1) Supports, planning and review; and (5) conducts agement planning and data services, and conducts, and fosters research, develop­ grants management activities. administrative and general services; (4) ment, experiments, or demonstrations Office of Inter-Organization Relations provides program guidance and informa­ on (a) factors contributing to adequacy, (3C09) . (1) Assists and advises the Di­ tion to the staff of the Administrator’s effectiveness, and efficiency of institu­ rector of the Center on major policies Office of Financial Management in their tions, (b) health planning and commu­ affecting Center Divisions and relations operation of a financial management sys­ nity organization, including the interac­ with other organizations; (2) acts as tem for the Center, including program tion between the community and its the representative of the Center Director policy interpretation in budget formula­ medical care system, (c) the medical care and serves as focal point for establishing tion and execution, in preparation of process, including organizational, admin­ and maintaining the Genter!s working Program Planning and Budgeting Sys­ istrative, economic, and other elements relationships with other components of tem data, and in the financial aspects of that influence the process and its out­ the Administration, with other organi­ grants administration; (5) develops and come, (d) effects of new staffing patterns zational elements of the Department, implements management policies, pro­ in improving health care services, (e) other Federal agencies, State and local cedures, systems, and practices for the new ways of increasing the productivity bodies, professional bodies, and the conduct of Center affairs; (6) appraises of physicians, nurses, and other health health services research and develop­ the effectiveness of Center organization care personnel, (f) new careers in health ment community in general; (3) de­ and operations from a management services manpower, (g) new ways of edu­ velops and coordinates policy and standpoint; and (7) serves as the focal cating, training, and utilizing health procedure for the conduct of Center re­ point for liaison with the Office of the services manpower, (h) the design, or­ lationships with other agencies and Administrator and the Office of the ganization, and administration of health organizations on matters of collabora­ Secretary on financial, personnel, orga­ care facilities, (i) methods of determin­ tive effort and communication mecha­ nization, supply, and other management ing siting in communities, ( j ) methods of nisms; (4) develops relationships with matters. assessing the effectiveness and quality of other governmental bodies, professional Office of Program Planning and Evalu­ medical care, and (k) methodology for bodies, and private organizations to ation (3C31). (1) Assists and advises the collection, analysis, and use of health foster the implementation and applica­ Center Director in program planning care data, including methods for deter­ tion of research findings so as to im­ and in the development, coordination, mining utilization of available health prove health care services in actual and assessment of current and long- care personnel, facilities, and services, operations; and (5) coordinates with the range activities; (2) develops guidelines and analysis of the outcome of this uti­ Offices and Divisions of the Center on and standards for appraising Division lization; (2) develops and demonstrates related aspects of extramural activities. activities; (3) assesses and evaluates new or improved methods and health Office of Review and Advisory Services Division accomplishments and activities service systems applicable to special types (3C15). (l) Provides secretariat services in terms of approved goals and objec­ of urban and rural communities; (3) for Center’s Advisory Councils; (2) ad­ tives; (4) identifies the need and recom­ promotes studies and tests of new meth­ ministers a system of review for grants mends necessary actions for new Division ods of construction for improving health submitted to the Center; (3) interprets activities including methods for develop­ care capabilities of institutional facili­ and assists in implementing policies re- ment; (5) provides leadership in the ties; (4) supports related research train­ to grants emanating from the development of Center goals and objec­ ing; (5) collects, assembles, and dis­ Office of the Secretary, Office of the Ad­ tives; and (6) directs and coordinates ministrator, and Office of the Center the implementation of Program Plan­ seminates health care information, data, Director; and (4) provides assistance to ning and Budgeting System in collabora­ and results of research; (6) assists other the Divisions of the Center and to tion with the Office of Administrative programs, and other governmental and organizations and institutions concern­ Management. non-governmental bodies, by providing ing the interpretation and application of Social and Economic Analysis Division data and by developing methods for as­ grants review policies and procedures. (.3C41). (1) Supports, conducts, and sessing the effectiveness of need for mod­ Office of Scientific and Technical In­ fosters research, development, experi­ ification of programs and policies relat­ formation (3C77). (1) Plans,coordinates, ments, or demonstrations on (a) social ing to health care services; and (7) and develops methods for the systematic and psychological factors influencing in­ establishes and maintains cooperative collection and dissemination of new dividuals and groups in their health working relationships with Federal and

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1126 NOTrCES State and other public and private or­ organizations concerned in the areas cov­ (B) Pending hearings and decisions ganizations concerned with health man­ ered by special research and development thereon, the rate supplements herein are power utilization, health care institu­ projects. suspended and their use deferred until tions, organization and delivery of health Dated: January 22,1970. date shown in the “Date Suspended Un­ care, and development of data systems til” column, and thereafter until made for health services. R obert H . F inc h , effective as prescribed by the Natural Health Care Technology Division Secretary. Gas Act: Provided, however, That the (3C51) . (1) Supports, conducts, and fos­ [F.R. Doc. 70-1040; Filed, Jan. 27, 1970; supplements to the rate schedules filed ters research, development, experiments, 8:46 a.m.] by respondents, as set forth herein, shall or demonstrations on (a) the instrumen­ become effective subject to refund on tation and automation of health services, the date and in the manner herein pre­ and (b) the application of electronic and scribed if within 20 days from the date of computer technology to disease detection FEDERAL POWER COMMISSION the issuance of this order respondents systems, diagnosis, patient-monitoring shall each execute and file under its and therapy, medical record handling, [Docket No. RI70-1073 etc.] above-designated docket number with and techniques in laboratory medicine; KIRBY ROYALTIES, INC., ET AL. the Secretary of the Commission its (2) supports research training in health agreement and undertaking to comply care technology ; (3) collects and dissem­ Order Providing for Hearing on and with the refunding and reporting pro­ inates information on and the results of Suspension of Proposed Changes in cedure required by the Natural Gas Act research in health care technology; and Rates, and Allowing Rate Changes and § 154.102 of the regulations there­ (4) establishes and maintains coopera­ To Become Effective Subject to under, accompanied by a certificate showing service of copies thereof upon tive working relationships with Federal Refund 1 and State and other public and private all purchasers under the rate schedule organizations concerned with research J a n u a r y 19, 1970. involved. Unless respondents are advised in health care technology. The respondents named herein have to the contrary within 15 days after the Special Research and, Development filed proposed changes in rates and filing of their respective agreements and Projects Division (3C55). (1) Plans, sup­ charges of currently effective rate sched­ undertakings, such agreements and un­ ports, and conducts special projects in ules for sales of natural gas under Com­ dertakings shall be deemed to have been research and development of a large- mission jurisdiction, as set forth in Ap­ accepted.2 scale nature seeking solutions to high pendix A hereof. (C) Until otherwise ordered by the priority problems in health services, such The proposed changed rates and Commission, neither the suspended sup­ as (a) developing and testing potential charges may be unjust, unreasonable, un­ plements, nor the rate schedules sought model approaches to the solution of spe­ duly discriminatory, or preferential, or to be altered, shall be changed until dis­ cific cost problems, (b) experiments and otherwise unlawful. position of these proceedings or expira­ demonstrations which actively intervene The Commission finds: It is in the tion of the suspension period. in major components of ongoing commu­ public interest and consistent with the (D) Notices of intervention or peti­ nity health service systems to effect new Natural Gras Act that the Commission tions to intervene may be filed with the or modified health service systems or enter upon hearings regarding the law­ Federal Power Commission, Washington, subsystems, (c) developing and testing fulness of the proposed changes, and D.C. 20426, in accordance with the rules integrated systems of care in urban that the supplements herein be sus­ of practice and procedure (18 CFR 1.8 areas, including ambulatory and hospital pended and their use be deferred as and 1.37(f)) on or before March 9, 1970. care, under common administrative and ordered below. By the Commission. financial arrangements; (2) consults with other programs of the Administra­ The Commission orders: (A) Under [ s e a l ] G o r d o n M . G r a n t , tion, Department, and other agencies the Natural Gas Act, particularly sec­ Secretary. providing support for or fostering health tions 4 and 15, the Regulations per­ services, and fosters the development of taining thereto [18 CFR, ch. I], and 2 If an acceptable general undertaking, as conjoint projects in areas of mutual the Commission’s rules of practice and provided in Order No. 377, has previously interests; (3) collects, assembles, and procedure, public hearings shall be held been filed by a producer, then it will not be concerning the lawfulness of the pro­ necessary for that producer to file an agree­ disseminates information on the results posed changes. ment and undertaking as provided herein. of special research and development; and In such circumstances the producer’s pro­ (4) establishes and maintains coopera­ posed increased rate will become effective as tive working relationships with Federal 1 Does not consolidate for hearing or dis­ of the expiration of the suspension period and State and other public and private pose of the several matters herein. without any further action by the producer. Appendix A

Effec­ Cents per Mcf Rate in Rate Sup- A m ount Date tive Date effect sub­ Docket Respondent sched- ple- Purchaser and producing area of filing date sus­ R ate in Proposed ject to re­ No. ule m ent annual tendered unless pended effect increased fund in No. No. increase sus­ until— rate docket pended Nos.

RI70-1073... Kirby Royalties, Inc. 1 3 Mountain Fuel Supply Co. (Ver­ $46 12-22-69 2 12-22-69 ‘ 12-23-69 13.0 ‘ « 13.065 (Operator and Agent) et milion Creek Unit Area, Sweet­ al., Post Office Box 1745, w ater County, Wyo.). Houston, Tex. 77001. RI70-1074... Kirby Royalties, Inc. 2 2 M ountain Fuel Supply Co. (West 135 12-22-69 » 12-22-69 ‘ 12-23-69 »15.0 » « 15.075 (Operator) et al. Side Canal Area, Carbon County, Wyo.).

• The stated effective date is the date of filing, with waiver of notice granted. ' Pressure base is 15.025 p.sl.a. 4 The suspension period is limited to 1 day. 7 Initial rate. * Tax reimbursement increase.

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 NOTICES 1127 Kirby Royalties Inc. (Operator and Agent) 15 of the Natural Gas Act and the Com­ et al., and Kirby Royalties, Inc. (Operator) out further notice before the Commis­ et al. .(both referred to herein as Kirby), mission’s rules of practice and procedure, sion on this application if no petition to proposed rate increases reflect partial reim­ a hearing will be held without further intervene is filed within the time re­ bursement of a severance tax enacted in 1969 notice before the Commission on this quired herein, if the Commission on its by the State of Wyoming. Kirby has filed for application if no petition to intervene is. own review of the matter finds that a reimbursement of contractually entitled filed within the time required herein, if grant of the certificate is required by the taxes only but requested an effective date of the Commission on its own review of the public convenience and necessity. If a pe­ January 1, 1968, to recover reimbursement matter finds that a grant of the certifi­ tition for leave to intervene is timely filed, of taxes applicable to past production back cate is required by the public conven­ or if the Commission on its own motion to that date. Kirby’s proposed rate increases ience and necessity. If a petition for leave exceed the area increased rate ceiling for believes that a formal hearing is re­ Wyoming as announced in the Commission’s to intervene is timely filed, or if the Com­ quired, further notice of such hearing statement of general policy No. 61-1, as mission on its own motion believes that a will be duly given. amended. Since Kirby’s rate increases are formal hearing is required, further notice Under the procedure herein provided for tax reimbursement only, we conclude of such hearing will be duly given. for, unless otherwise advised, it will be that they should be suspended for one day Under the procedure herein provided unnecessary for Applicant to appear or from December 22, 1969, the date of filing, for, unless otherwise advised, it will be be represented at the hearing. with waiver of notice granted. Accordingly, unnecessary for Applicant to appear or Kirby’s request for a retroactive effective be represented at the hearing. G ordon M . G rant, date of January 1, 1968, is denied. Secretary. Kirby will be required to refund any re­ G ordon M. G rant, imbursement relating to the Wyoming tax Secretary; [F.R. Doc. 70-1060; Filed, Jan. 27, 1970; collected in this proceeding in the event the 8:48 a.m.] tax is for any reason held invalid upon judi­ [F.R. Doc. 70-1059; Filed, Jan. 27, 1970; cial review. 8:48 a.m.] [F.R. Doc. 70-1004; Filed, Jan. 27, 1970; 8:45 a.m.] [Docket No. CP70-172] SMALL BUSINESS NORTHERN NATURAL GAS CO. {Docket No. CP70-168] ADMINISTRATION Notice of Application ARKANSAS LOUISIANA GAS CO. [License No. 01/01-0052] J anuary 20, 1970. Notice of Application Take notice that on January 9, 1970, CHESTNUT HILL CAPITAL CORP. J anuary 20,1970. Northern Natural Gas Co. (Applicant), Surrender of License 2223 Dodge Street, Omaha/Nebr. 68102, Take notice that on January 5, 1970, filed in Docket No. CP70-172 an appli­ Pursuant to § 107.105 of the regulations Arkansas Louisiana Gas Co. (Applicant), cation pursuant to section 7(c) of the governing Small Business Investment Post Office Box 1734, Shreveport, La. Natural Gas Act for a certificate of pub­ Companies (13 CFR Part 107, 33 F.R. 71102, filed in Docket No. CP70-168 an lic convenience and necessity authoriz­ 326), Chestnut Hill Capital Corp. (Chest­ application pursuant to section 7 (b) of ing the transportation and sale of nut Hill), 11 Beacon Street, Boston, Mass. the Natural Gas Act for permission and natural gas in interstate commerce to 02108, has surrendered its license to approval to abandon certain natural gas Lake Superior District Power Co. for operate as a small business investment facilities, all as more fully set forth irr resale to Iron Wood Products Corp., Bes­ company. the application which is on file with the semer, Mich., all as more fully set forth Chestnut Hill, a Massachusetts cor­ Commission and open to public in the application which is on file with poration, organized solely for the pur­ inspection. the Commission and open to public poses of operating under the Small Applicant proposes to abandon a field inspection. Business Investment Act of 1958, as sale of gas to Texas Eastern Transmis­ Applicant proposes to sell 350 Mcf of amended (15 U.S.C. 661 et seq.), was sion Corp. (Texas Eastern) from the natural gas per day on a firm basis from licensed by the Small Business Admin­ Jefferson Field, Marion County, Tex., existing contract demand. istration (SBA) on October 3, 1962. under Applicant’s FPC Gas Rate Sched­ No new facilities are proposed for the The license surrender is pursuant to a ule XFS-2. Applicant states that the subject sale. certain Plan and Agreement of Reorga­ natural flowing pressures of the wells AJiy person desiring to be heard or to nization by Means of Statutory Merger have become insufficient to enter Texas make any protest with reference to said (the “Plan”), entered into on Septem­ Eastern’s line. application should on or before Febru­ ber 2, 1969, among Chestnut Hill, F.C.S., Any person desiring to be heard or to ary 9, 1970, file with the Federal Power Inc., 177 State Street, Bridgeport, Conn. make any protest with reference to said Commission, Washington, D.C. 20426, a 06603, and First Connecticut Small Busi­ application should on or before Febru­ petition to intervene or a protest in ac­ ness Investment Co. (SBIC), 177 State ary 9, 1970, file with the Federal Power Street, Bridgeport, Conn. 06603. Under cordance with the requirements of the the Plan, Chestnut Hill is to be merged Commission, Washington, D.C. 20426, a Commission’s rules of practice and pro­ petition to intervene or a protest in ac­ cedure (18 CFR 1.8 or 1.10) and the into F.C.S., Inc., a wholly owned subsid­ cordance with the requirements of the iary of SBIC, and F.C.S, Inc., thereafter regulations under the Natural Gas Act merged into SBIC Commission’s rules of practice and pro­ (18 CFR 157.10). All protests filed with cedure (18 CFR 1.8 or 1.10) and the the Commission will be considered by it The transactions contemplated by the regulations under the Natural Gas Act Plan were consummated on December 22, in determining the appropriate action to 1969. ti-i8 *57.10). All protests filed with be taken but will not serve to make the phe Commission will be considered by Protestants parties to the proceeding. Prior to final action in this matter, } in determining the appropriate action Any person wishing to become a party consideration will be given to any com­ to be taken but will not serve to make to a proceeding or to participate as a ments pertaining to the license surren­ tne Protestants parties to the proceed­ party in any hearing therein must file a der which are submitted to Associate ing Any person wishing to become a petition to intervene in accordance with Administrator for Investment, Small Party to a proceeding or to participate the Commission’s rules. Business Administration, 1441 L Street s a party in any hearing therein must NW., Washington, D.C. 20416, within ten Petition to intervene in accordance Take further notice that, pursuant to (10) days of the date of publication of witn the Commission’s rules. the authority contained in and subject this notice. to the jurisdiction conferred upon the If no comments are received within the Takefurther notice that, pursuant to Federal Power Commission by sections specified 10-day period, SBA will accept tne authority contained in and subject to 7 and 15 of the Natural Gas Act and the surrender of the license of Chestnut AvoiJ^nsdlction conferred upon the Fed- the Commission’s rules of practice and Hill under the authority of the Small rai Power Commission by sections 7 and procedure, a hearing will be held with­ Business Investment Act of 1958, as

No. 19------7 FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1128 NOTICES amended, and the regulations issued as amended, and the regulations promul­ Bethlehem Steel Corp., Tower Depart­ thereunder. gated thereunder, the surrender of the ment, Pinole Point Works, Pinole Point, license of Transportation is hereby ac­ Calif., the U.S. Tariff Commission, on Dated: January 16, 1970. cepted, and accordingly, it is no longer the 22d day of January 1970, instituted A. H . S inger, licensed to operate as a small business an investigation under section 301(c) (2) Associate Administrator investment company. of the said Act to determine whether, as a result in major part of concessions for Investment. Dated: January 16,1970. [F.R. Doc. 70-1033; Filed, Jan. 27, 1970; granted under trade agreements, articles A. H. S inger, like or directly competitive with trans­ 8:46 a.m.] Associate Administrator mission towers used to support high volt­ for Investment. age transmission wires are being im­ SMALL BUSINESS INVESTMENT [FJR. Doc. 70-1035; Filed, Jan. 27, 1970; ported into the United States in such 8:46 am .] increased quantities as to cause, or CORPORATION OF GEORGIA threaten to cause, the unemployment or Notice of Intention To Surrender Small underemployment of a significant num­ Business Investment Company License [License No. 01/01-0059] ber or proportion of the workers of such WYATT INVESTMENT CORP. manufacturing company. On January 8,1970, Small Business In­ The petitioners have not requested a vestment Corporation of Georgia (SBIC Surrender of License public hearing. A hearing will be held of Georgia), 22 Marietta Street NW., on request of any other party showing a Atlanta, Ga. 30303, License No. 05/05- Notice is hereby given that, pursuant to section 107.105 of the regulations gov­ proper interest in the subject matter of 0016, a Federal licensee under the Small the investigation, provided such request Business Investment Act of 1958, as erning Small Business Investment Com­ panies (13 CFR Part 107, 33 F.R. 326) , is filed within 10 days after the notice is amended, requested approval of the published in the F ederal R egister. Small Business Administration (SBA), Wyatt Investment Corporation of 122 pursuant to § 107.105 of the regulations Jordan Road, Brookline, Mass., has re­ The petition filed in this case is avail­ (33 F.R. 326, 13 CFR Part 107), to sur­ quested approval of thé Small Business able for inspection at the Office of the render its license. Administration (SBA) to surrender its Secretary, U.S. 'Tariff Commission, Matters involved in SBA’s considera­ license to operate as a small business in­ Eighth and E Streets NW., Washington, tion include the repayment by the li­ vestment company. The licensee was in­ D.C., and at the New York City office of censee of its indebtedness to SBA prior corporated on March 16, 1964, under the the Tariff Commission located in Room to surrender. Further, SBA, in granting laws of the State of Massachusetts and 437 of the Customhouse. its approval, may impose such terms licensed by SBA on May 5, 1964, to op­ Issued January 23, 1970. and conditions as it may determine erate solely under the Small Business appropriate. Investment Act of 1958, as amended (15 By order of the Commission. Prior to final action on this matter, U.S.C. 611 etseq.). [ seal] K enneth R . M ason, consideration will be given to any com­ Prior to final action on this request, Secretary. ments pertaining thereto which are re­ consideration will be given to any com­ [F.R. Doc. 70-1046; Filed, Jan. 27, 1970; ceived in writing to the Associate Ad­ ments pertaining to the proposed sur­ 8:47 a.m.] ministrator for Investment, Small Busi­ render which are submitted in writing to ness Administration, Washington, D.C. the Associate Administrator for Invest­ 20416, within a period of fifteen (15) ment, Small Business Administration, days of the date of publication of this 1441 L Street NW., Washington, D.C. INTERSTATE COMMERCE notice. 20416, within ten (10) days of the date Dated: January 15, 1970. of publication of this notice. COMMISSION If no comments are received within A. H. S inger, the specified period of time, under the [Notice 3] Associate Administrator authority vested by the Small Business MOTOR CARRIER ALTERNATE ROUTE for Investment. Investment Act of 1958, as amended, and DEVIATION NOTICES (F.R. Doc. 70-1032; Filed, Jan. 27, 1970; the regulations promulgated thereunder, 8:46 a.m.] the surrender of the license of Wyatt J anuary 23, 1970. Investment Corp., will be accepted, and The following letter-notices of pro­ the company will no longer be licensed posals to operate over deviation routes TRANSPORTATION CAPITAL CORP. to operate as a small business investment for operating convenience only have been Surrender of License company. filed with the Interstate Commerce Com­ Dated: January 16,1970. mission under the Commission’s Revised Notice is hereby given that Transpor­ Deviation Rules—Motor Carriers of tation Capital Corp. (Transportation), A. H. S inger, Property, 1969 (49 CFR 1042.4(d) (ID > 25th Avenue and Roosevelt Road, Broad­ Associate Administrator and notice thereof to all interested per­ view, 111. 60153, has pursuant to § 107.105 v for Investment. sons is hereby given as provided in such of the regulations governing small busi­ [F.R. Doc. 70-1034; Filed, Jan. 27, 1970; rules (49 CFR 1042.4(d) (11)). ness investment companies (33 F.R. 326, 8:46 a.m.] Protests against the use of any pro­ 13 CFR Part 107), surrendered its license posed deviation route herein described to operate as a small business investment may be filed with the Interstate Com­ company. merce Commission in the manner and Transportation was incorporated on TARIFF COMMISSION form provided in such rules (49 CFR March 17, 1967, under the laws of the 1042.4(d) (12) ) at any time, but will not State of Delaware, became qualified to [TEA—W—12] operate to stay Commencement of the transact business in the State of Illinois WORKERS’ PETITION FOR DETERMI­ proposed operations unless filed within on March 30, 1967, and issued license 30 days from the date of publication. No. 07/0075 by the Small Business Ad­ NATION OF ELIGIBILITY TO APPLY FOR ADJUSTMENT ASSISTANCE Successively filed letter-notices of the ministration on May 9, 1967. same carrier under the Commission’s Re­ Transportation was licensed to oper­ Notice of Investigation vised Deviation Rules—Motor Carrier ate solely under the Small Business In­ On the basis of a petition filed under of Property, 1969, will be numbered con­ vestment Act of 1958, as amended (15 secutively for convenience in identifica­ U.S.C. 611 etseq.). section 301(a)(2) of the Trade Expan­ Under the authority vested by the sion Act of 1962, on behalf of the pro­ tion and protests, if any, should refer Small Business Investment Act of 1958, duction and maintenance workers of the to such letter-notices by number.

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 NOTICES 1129

M o to r C a r r ie r s o f P r o p e r t y route as follows: From Baltimore, Md., tion Ohio Highway 350, thence over over Interstate Highway 70N (U.S. High­ No. MC 263 (Deviation No. 6), GAR­ Highway 350 to Clarksville, Ohio, thence RETT FREIGHTLINES, INC., Post Of­ way 40) to Frederick, Md., thence over over unnumbered highway (formerly fice Box 4048, Pocatello, Idaho 83201, Interstate Highway 70 to Breezewood, " portion Ohio Highway 3) to junction filed January 15, 1970. Carrier proposes Pa., thence over U.S. Highway 30 to Bed­ Ohio Highway 3, thence over Ohio High­ to operate as a common carrier, by motor ford, Pa., thence over U.S. Highway 220 way 3 to Columbus, Ohio, thence over vehicle, of general commodities, with to Ducansville, Pa., and return over the U.S. Highway 40 to junction Ohio High­ certain exceptions, over a deviation route same route, for operating convenience way 440, thence over Ohio Highway 440 as follows: From Salt Lake City, Utah., only. The notice indicates that the car­ via Hebron and Jacksontown, Ohio, to over U.S. Highway 40 to junction U.S. rier is presently authorized to transport junction U.S. Highway 40, thence over Highway 189, thence over U.S. Highway the same commodities, over a pertinent U.S. Highway 40 to Cambridge, Ohio, 189 to junction U.S. Highway 30S, thence service route as follows: From Cincin­ thence over U.S. Highway 22 to junc­ over U.S. Highway 30S to junction U.S. nati, Ohio, over Ohio Highway 3 to tion Pennsylvania Highway 60, thence Highway 30, thence over U.S. Highway junction Ohio Highway 350, thence over over Pennsylvania Highway 60 to Pitts­ 30 to junction U.S. Highway 287 at Raw­ Ohio Highway 350 to Clarksville, Ohio, burgh, Pa., thence over U.S. Highway 22 lings, Wyo., thence over U.S. Highway thence over unnumbered highway (for­ to junction unnumbered highway (for­ 287 to junction Wyoming Highway 220, merly portion Ohio Highway 3) to junc­ merly portion U.S. Highway 22), thence thence over Wyoming Highway 220 to tion Ohio Highway 3» thence over Ohio over unnumbered highway via Export junction U.S. Highway 87, thence over Highway 3 to Columbus, Ohio, thence and Delmont, Pa., to junction U.S. High­ U.S. Highway 87 to junction Wyoming over U.S. Highway 40 to junction Ohio way 22, thence over U.S. Highway 22 to Highway 387, thence over Wyoming Highway 440, thence over Ohio Highway Harrisburg, Pa., thence Interstate High­ Highway 387 to junction Wyoming High­ 440 via Hebron and Jacksontown, Ohio, way 83 (formerly portion U.S. Highway way 59, thence over Wyoming Highway to junction U.S. Highway 40, thence over 111) to York, Pa., thence over un­ 59 to junction U.S. Highway 14, thence U.S. Highway 40 to Cambridge, Ohio, numbered highway (formerly portion thence over U.S. Highway 22 to junction U.S. Highway 111) via Jacobus, Logans­ over U.S. Highway 14 to junction Inter­ Pennsylvania Highway 60, thence over state Highway 90 at Moorcroft, Wyo., ville, and Shrewsbury, Pa., to the Penn- Pennsylvania Highway 60 to Pittsburgh, sylvania-Maryland State line, thence thence over Interstate Highway 90 to Pa., thence over U.S. Highway 22 to junction U.S. Highway 14, thence over over Maryland Highway 45 via Hereford junction unnumbered highway (formerly and Cockeysville, Md., to junction In­ U.S. Highway 14 to junction U.S. High­ portion U.S. highway 22), thence over way 85, thence over U.S_ Highway 85 to terstate Highway 83 (formerly portion unnumbered highway via Export and U.S. Highway 111), thence over Inter­ junction U.S. Highway 212 at Belle Delmont, Pa., to junction U.S. Highway state Highway 83 to Baltimore, Md., Fourche, S. Dak., thence over U.S. High­ 22, thence over U.S. Highway 22 to Har­ way 212 to Minneapolis, Minn., and re­ thence over U.S. Highway 1 to junction risburg, Pa., thence over Interstate High­ unnumbered highway (formerly portion turn over the same route, for operating way 83 (formerly portion U.S. Highway convenience only. The notice indicates U.S. Highway 1), thence over unnum­ 111) to York, Pa., thence over unnum­ bered highway via Media, Pa., to Phila­ that the carrier is presently authorized bered highway (formerly portion U.S. to transport the same commodities, over delphia, Pa., thence over U.S. Highway 1 Highway 111) via Jacobus, Logansville, to junction Alternate U.S. Highway 1, pertinent service routes as follows: (1) and Shrewsbury, Pa., to the Pennsyl- From Idaho Falls, Idaho, over U.S. High­ thence over Alternate U.S. Highway 1 way 91 to West Yellowstone, Mont.; (2) vania-Maryland State line, thence over via Morrisville, Pa„ to junction U.S. from Butte, Mont., over UJ5. Highway 91 Maryland Highway 45 via Hereford and Highway 1, thence over U.S. Highway 1 Cockeysville, Md., to junction Interstate to New York, N.Y., and return over the to junction Idaho Highway 35, thence Highway 83 (formerly portion U.S. High­ over Idaho Highway 35 via Oxford and same route, with service to and from the way 111), thence over Interstate High­ termini and all intermediate and off- Clifton, Idaho, to Dayton, Idaho, thence way 83 to. Baltimore, Md., thence over over Idaho Highway route points on the above route restricted 86 to Preston, Idaho, U.S. Highway 1 to junction unnumbered to traffic moving to or from points in thence over UJS. Highway 91 to Logan, highway (formerly portion U.S. Highway Utah, thence over Utah Highway 69 to Oljio. 1), thence over unnumbered highway via No. MC 33641 (Deviation No. 19), t m t . Brigham City, Utah (also from Logan Media, Pa., to Philadelphia, Pa., thence over U.S. Highway 91 to Brigham City), FREIGHT, INC., Post Office Box 2277, over U.S. Highway 1 to junction Alter­ Salt Lake City, Utah 84110, filed Janu­ thence over U.S. Highway 91 to Bars- nate U.S. Highway 1, thence over Alter­ town, Calif., thence over U.S. Highway 66 ary 12, 1970. Carrier proposes to operate nate U.S. Highway 1 via Morrisville, Pa., as a common carrier, -by motor vehicle, to San Bernardino, Calif.; (3) from Tre- to junction U.S. Highway 1, thence over monton, Utah, over unnumbered high­ of general commodities, with certain ex­ U.S. Highway 1 to New York, N.Y., and ceptions, over a deviation route as fol­ way (formerly Utah Highway 41) via return over the same route, with service Garland, Utah, to junction U.S. High­ lows: From Baltimore, Md., over Inter­ to and from the termini and all inter­ state Highway 70N (U.S. Highway 40) way 191, thence over U.S. Highway 191 mediate and off-route points on the to Downey, Idaho; (4) from Billings, to Frederick, Md., thence over Interstate above route restricted to traffic moving Highway 70 to Breezewood, Pa., thence Mont., over U.S. Highway 10 via Fargo, to or from points in Ohio. N. Dak., and Motley, Anoka, and Minne­ over U.S. Highway 30 to Pittsburgh, apolis, Minn., to St. Paul, Mirin. (also No. MC 33641 (Deviation No. 18), IML Pa., and return over the same route, for from Billings to Fargo, as specified FREIGHT, INC., Post Office Box 2277, operating convenience only. The notice above, thence over U.S. Highway 52 via Salt Lake City, Utah 84110/filed Janu­ indicates that the carrier is presently au­ Evansville, Minn., to Minneapolis, Minn., ary 12, 1-970. Carrier proposes to operate thorized to transport the same com­ thence over city streets to St. Paul); (5) as a common carrier, by motor vehicle, modities over a pertinent service route from Butte, Mont., over U.S. Highway 10 of general commodities, with certain ex­ as follows: From Cincinnati, Ohio, over (portion formerly US. Highway 10S) ceptions, over a deviation route as fol­ Ohio Highway 3 to junction Ohio High­ lows: From Baltimore, Md., over Inter­ way 350, thence over Ohio Highway 350 via Whitehall and Three Forks, Mont., to state Highway 70N (U.S. Highway 40) to Billings, Mont.; and (6) from West Yel­ to Clarksville, Ohio, thence over unnum­ lowstone, Mont., over U.S. Highway 191 Frederick, Md., thence over Interstate bered highway (formerly portion Ohio to Bozeman, Mont., and return over the Highway 70 (U.S. Highway 40) to Han­ Highway 3) to junction Ohio Highway same routes. cock, Md., thence over U.S. Highway 40 3, thence over Ohio Highway 3 to Colum­ to Cambridge, Ohio, and return over the bus, Ohio, thence over U.S. Highway 40 tuS0' 33641 (Deviation No. 17), to junction Ohio Highway 440, thence 1ML FREIGHT, INC., Post Office Box same route, for operation convenience y *7» Salt Lake City, Utah 84110, filed only. The notice indicates that the car­ over Ohio Highway 440 via Hebron and anuary 12, 1970. Carrier proposes to rier is presently authorized to transport Jacksontown, Ohio, to junction U.S. operate as a common carrier, by motor the same commodities, over a pertinent Highway 40, thence over U.S. Highway vehicle, of general commodities, with service route as follows: From Cincin­ 40 to Cambridge, Ohio, thence over U.S. certain exceptions, over a deviation nati, Ohio, over Ohio Highway 3 to junc­ Highway 22 to junction Pennsylvania

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 J 1130 NOTICES Highway 60, thence over Pennsylvania U.S. Highway 111) to York, Pa., thence U.S. Highway 22), thence over unnum­ Highway 60 to Pittsburgh, Pa., thence over unnumbered highway (formerly bered highway via Export and Delmont, over U.S. Highway 22 to junction unnum­ portion U.S. Highway 111) via Jacobus, Pa., to junction U.S. Highway 22, thence bered highway (formerly portion U.S. Logansville, and Shewsbury, Pa., to the over U.S. Highway 22 to Harrisburg, Pa., Highway 22), thence over unnumbered Pennsylvania-Maryland State line, thence over Interstate Highway 83 (for­ highway' via Export and Delmont, Pa., thence over Maryland Highway 45 via merly portion U.S. Highway 111) to York, to junction U.S. Highway 22, thence over Hereford and Cockeysville, Md., to junc­ Pa., thence over unnumbered highway U.S. Highway 22 to Harrisburg, Pa., tion Interstate Highway 83 (formerly (formerly portion U.S. Highway 111) via thence over Interstate Highway 83 portion U.S. Highway 111), thence over Jacobus, Logansville, and Shrewsbury, (formerly portion U.S. Highway 111) to Interstate Highway 83 to Baltimore, Md., Pa., to the Pennsylvania-Maryland State York, Pa., thence over unnumbered high­ thence over U.S. Highway 1 to junction line, thence over Maryland Highway 45 way (formerly portion U.S. Highway unnumbered highway (formerly portion via Hereford and Cockeysville, Md., to 111) via Jacobus, Logansville, and U.S. Highway 1), thence over unnum­ junction Interstate Highway 83 (for­ Shrewsbury, Pa., to the Pennsylvania- bered highway via Media, Pa., to Phil­ merly portion U.S. Highway 111), thence Maryland State line, thence over Mary­ adelphia, Pa., thence over U.S. Highway over Interstate Highway 83 to Baltimore, land Highway 45 via Hereford and 1 to junction Alternate U.S. Highway 1, Md., thence over U.S. Highway 1 to Cockeysville, Md., to junction Interstate thence over Alternate U.S. Highway 1 via junction unnumbered highway (formerly Highway 83 (formerly portion U.S. Morrisville, Pa., to junction U.S. High­ portion U.S. Highway 1), thence over Highway 111), thence over Interstate way 1, thence over U.S. Highway 1 to unnumbered highway via Media, Pa., to Highway 83 to Baltimore, Md., thence New York, N.Y.; Philadelphia, Pa., thence over U.S. High­ over U.S. Highway 1 to junction unnum­ (2) from Cincinnati, Ohio, over U.S. way 1 to junction Alternate U.S. High­ bered highway (formerly portion U.S. Highway 42 to Lafayette, Ohio; and (3) way 1, thence over Alternate U.S. High­ Highway 1), thence over unnumbered from Cincinnati, Ohio, over Ohio High­ way 1 via Morrisville, Pa., to junction highway via Media, Pa., to Philadelphia, way 4 to Dayton, Ohio, thence over Ohio U.S. Highway 1, thence over U.S. High­ Pa., thence over U.S. Highway 1 to junc­ Highway 444 via Fairborn, Ohio, to junc­ way 1 to New York, N.Y., and return tion Alteriiate U.S. Highway 1, thence tion unnumbered highway (formerly over the same route, with service to and over Alternate U.S. Highway 1 via Mor- portion Ohio Highway 4), thence over from the termini and all intermediate risville, Pa., to junction U.S. Highway 1, unnumbered highway to Springfield, and off-route points on the above route thence over U.S. Highway 1 to New Ohio, thence over U.S. Highway 40 via restricted to traffic moving to or from York, N.Y., and return over the same Lafayette to Columbus, Ohio, thence over points in Ohio. route, with service to and from the Ohio Highway 3 to junction unnumbered No. MC 33641 (Deviation No. 22), IML termini and* all intermediate and off- highway (formerly Ohio Highway 3 north FREIGHT, INC., Post Office Box 2277, route points on the above route restricted of Westerville, Ohio, thence over un­ Salt Lake City, Utah 84110, filed Janu­ to traffic moving to or from points in numbered highway via Galena, Ohio, to ary 12, 1970. Carrier proposes to operate Ohio. Sunbury, Ohio, thence over Ohio High­ as a common carrier, by motor vehicle, No. MC 33641 (Deviation No. 20), INL way 61 to Mount Gilead, Ohio, thence of general commodities, with certain ex­ FREIGHT, INC., Post Office Box 2277, over U.S. Highway 42 to Mansfield, Ohio, ceptions, over a deviation route as fol­ Salt Lake City, Utah 84110, filed Janu­ and return over the same routes, with lows: From Baltimore, Md., over U.S. ary 12, 1970. Carrier proposes to operate service to and from the termini and all Highway 40 to junction U.S. Highway 13, as a common carrier, by motor vehicle, intermediate and off-route points on the near State Road, Del., thence over U.S. of general commodities, with certain ex­ above routes restricted to traffic moving Highway 13 to junction Interstate High­ ceptions, over a deviation route as fol­ to or from points in Ohio. way 295, thence over Interstate Highway lows: From Baltimore, Md., over Inter­ No. MC 33641 (Deviation No. 21), IML 295 to junction U.S. Highway 130, near state Highway 70N (U.S. Highway 40) to FREIGHT, INC., Post Office Box 2277, Deepwater, N.J., thence over U.S. High­ Frederick, Md., thence over U.S. High­ Salt Lake City, Utah 84110, filed Jan­ way 130 to Camden, N.J., and return over way 340 to Berryville, Va., thence over uary 12,1970. Carrier proposes to operate the same route, for operating conven­ Virginia Highway 7 to Winchester, Va., as a common carrier, by motor vehicle, ience only. The notice indicates that the thence over U.S. Highway. 50 to Slate of general commodities, with certain ex­ carrier is presently authorized to trans­ Mills, Ohio, thence over Ohio Highway ceptions, over a deviation route as fol­ port the same commodities, over a 28 to Milford, Ohio, thence over U.S. lows: From Baltimore, Md., over Inter­ pertinent service route as follows: (1) Highway 50 to Cincinnati, Ohio, and re­ state Highway 70N (U.S. Highway 40) to From Cincinnati, Ohio, over Ohio High­ turn over the same route, for operating Frederick, Md., thence over Interstate way 3 to, junction Ohio Highway 350, convenience only. The notice indicates Highway 70 (U.S. Highway 40) to Han­ thence over Ohio Highway 350 to Clarks­ that the carrier is presently authorized to cock, Md., thence over U.S. Highway 40 ville, Ohio, thence over unnumbered transport the same commodities, over a to Washington, Pa., thence over Pennsyl­ highway (formerly portion Ohio High­ pertinent service route as follows: From vania Highway 18 to Florence, Pa., and way 3) to junction Ohio Highway 3, Cincinnati, Ohio, over Ohio Highway 3 return over the same route for operating thence over Ohio Highway 3 to Colum­ to junction Ohio Highway 350, thence convenience only. The notice indicates bus, Ohio, thence over U.S. Highway 40 over Ohio Highway 350 to Clarksville, that the carrier is presently authorized to junction Ohio Highway 440, thence Ohio, thence over unnumbered highway to transport the same commodities, over over Ohio Highway 440 via Hebron and (formerly portion Ohio Highway 3) to a pertinent service route as follows: Jacksontown, Ohio, to junction U.S. junction Ohio Highway 3, thence over From Cincinnati, Ohio, over Ohio High­ Highway 40, thence over U.S. Highway Ohio Highway 3 to Columbus, Ohio, way 3 to junction Ohio Highway 350, 40 to Cambridge, Ohio, thence over U.S. thence over U.S. Highway 40 to junction thence over Ohio Highway 350 to Clarks­ Highway 22 to junction Pennsylvania Ohio Highway 440, thence over Ohio ville, Ohio, thence over unnumbered Highway 60, thence over Pennsylvania Highway via Hebron and Jacksontown, highway (formerly portion Ohio High­ Highway 60 to Pittsburgh, Pa., thence Ohio, to junction U.S. Highway 40, way 3) to junction Ohio Highway 3, over U.S. Highway 22 to junction un­ thence over U.S. Highway 40 to Cam­ thence over Ohio Highway 3 to Columbus, numbered highway (formerly portion bridge, Ohio, thence over U.S. Highway Ohio, thence over U.S. Highway 40 to U.S. Highway 22), thence over unnum­ 22 to junction Pennsylvania Highway 60, junction Ohio Highway 440, thence over bered highway via Export and Delmont, thence over Pennsylvania Highway 60 to Ohio Highway 440 via Hebron and Pa., to junction U.S. Highway 22, thence Pittsburgh, Pa., thence over U.S. High­ Jacksontown, Ohio, to junction U.S. over U.S. Highway 22 to Harrisburg, Pa., way 22 to'junction unnumbered highway Highway 40, thence over U.S. Highway thence over U.S. Highway 22 to Harris­ (formerly portion U.S. Highway 22), 40 to Cambridge, Ohio, thence over U.S. burg, Pa., thence over Interstate High­ thence over unnumbered highway via Highway 22 to junction Pennsylvania way 83 (formerly portion U.S. Highway Export and Delmont, Pa., to junction Highway 60, thence over Pennsylvania 111) to York Pa., thence over unnum­ U.S. Highway 22, thence over U.S. High­ Highway 60 to Pittsburgh, Pa., thence bered highway (formerly portion U.S. way 22 to Harrisburg, Pa., thence over over U.S. Highway 22 to junction un­ Highway 111) via Jacobus, Logans­ Interstate Highway 83 (formerly portion numbered highway (formerly portion ville, and Shrewsbury, Pa., to the

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 NOTICES 1131 Pennsylvania -Maryland S ta te line, U.S. Highway 22), thence over unnum­ supplemental Highway K, thence over thence over Maryland Highway via bered highway via Upper Bern and supplemental Highway K to junction Hereford and Cockeysville, Md., to Hamburg, Pa., to junction U.S. Highway Missouri Highway 14, thence over Mis­ junction Interstate Highway 83 (for­ 22, thence over U.S. Highway 22 to Eliza­ souri Highway 14 to junction supplemen­ merly portion U.S. Highway 111), thence beth, N.J., thence over U.S. Highway 1 to tal Highway P, thence over supplemental over Interstate Highway 83 to Baltimore, New Haven, Conn., thence over U.S. Highway P to junction U.S. Highway 60, Md., thence over U.S. Highway 1 to junc­ Highway 3 via Hartford, Conn., to thence over U.S. Highway 60 to junction tion unnumbered highway (formerly Springfield, Mass., thence over U.S. U.S. Highway 66, thence over U.S. High­ portion U.S. Highway 1), thence over Highway 20 to Boston, Mass., way 66 to Springfield, Mo., and (2) from unnumbered highway via Media, Pa., to (2) from Cincinnati, Ohio, to Harris­ Crane, Mo., over Missouri Highway 13 to Philadelphia, Pa., thence over U.S. burg, Pa., as described in (1) above, junction Missouri Highway 76, thence Highway 1 to junction Alternate U.S. thence over U.S. Highway 422 to Phila­ over Missouri Highway 76 to junction Highway 1, thenoe over Alternate U.S. delphia, Pa., thence over the Delaware U.S. Highway 65, thence over U.S. High­ Highway 1 via Morrisville, Pa., to junc­ River Bridge to Camden, N.J., thence way 65 to Hollister, Mo., and return over tion U.S. Highway 1, thence over U.S. over U.S. Highway 130 to junction U.S. the same route, with service over above Highway 1 to New York, N.Y.; and (2) Highway 1, thence over U.S. Highway 1 routes limited to that which is auxiliary from Cincinnati, Ohio, to Harrisburg, to New York, N.Y., (3) from Columbus, to, or supplemental of, the rail service of Pa., as specified above, thence over U.S. Ohio, over U.S. Highway 23 to Waldo, the Missouri Pacific Railroad Co. Highway 422 to Philadelphia, Pa.» thence Ohio, thence over Ohio Highway 98 to By the Commission. over the Delaware River Bridge, to Cam­ Bucyrus, Ohio, thence over U.S. Highway den, N.J., thence over U.S. Highway 130 3 ON to Mansfield, Ohio, thence over un­ [seal] H. Neil Garson, to junction U.S. Highway 1, thence over numbered -highway (formerly portion Secretary. U.S. Highway 1 to New York, N.Y., and U.S. Highway 30) to junction U.S. High­ fPJt. Doc. 70-1049; Piled, Jan. 27, 1970; return over the same routes, with serv­ way 30 at Mifflin, Ohio, thence over U.S. 8:47 a.m.] ice to and from, the terminal and all Highway 30 to East Liverpool, Ohio, intermediate and off-route points on the thence over Ohio Highway 39 to the above routes restricted to traffic moving Ohio-Pennsylvania State line, thence [Notice 584] to or from points in Ohio. over Pennsylvania Highway 68 to MOTOR CARRIER ALTERNATE ROUTE No. MC 33641 (Deviation No. 23), IML Rochester, Pa., thence over Pennsylvania DEVIATION NOTICES FREIGHT, INC., Post Office Box 2277, Highway 65 to Pittsburgh, Pa., thence Salt Lake City, Utah 84110, filed Janu­ over U.S. Highway 22 to junction un­ J anuary 23, 1970. ary 12, 1970. Carrier proposes to operate numbered highway (formerly portion The following letter-notices of pro­ as a common carrier, by motor vehicle, of U.S. Highway 22), thence over unnum­ posals to operate over deviation routes general commodities, with certain ex­ bered highway via Export and Delmont, for operating convenience only have been ceptions, over a deviation route as Pa., to junction U.S. Highway 22, thence filed with the Interstate Commerce Com­ follows: From Reading, Pa., over Penn­ over U.S. Highway 22 to Hollidaysburg mission, under the Commission’s Devia­ sylvania Highway 61 to Molino, Pa., Pa., thence over U.S. Highway 220 to tion Rules Revised, 1957 (49 CFR thence over Pennsylvania Highway 895 junction Pennsylvania Highway 147 211.1(c)(8)) and notice thereof to all to New Ringgold, Pa., thence over Penn­ (formerly portion Pennsylvania Highway interested persons is hereby given as sylvania Highway 443 to South Tamaqua, 14) at or near Halls, Pa., thence over provided in such rules (49 CFR Pa., thence over Pennsylvania Highway Pennsylvania Highway 147 via Muncy 211.1(d) (4)). 309 to junction Interstate Highway 81 to Northumerland, Pa., thence over U.S. Protests against the use of any pro­ near McAdoo, Pa., thence over Interstate Highway 11 to Scranton, Pa., thence over posed deviation route herein described Highway 81 via Wilkes-Barre, Pa., to U.S. Highway 611 to Portland, Pa., may be filed with the Interstate Com­ Scranton, Pa., and return over the same thence over U.S, Highway 46 to Buttz- merce Commission in the manner and route, for operating convenience only. ville, N.J., thence over New Jersey High­ form provided in such rules (49 CFR The notice indicates that the carrier is way 31 (formerly New Jersey Highway 211.1(e) ) at any time, but will not op­ presently authorized to transport the 69) to junction U.S. Highway 22, thence erate to stay Commencement of the pro­ same commodities, over pertinent serv­ over the route described in (1) above to posed operations' unless filed within 30 ice routes as follows: (1) From Cincin­ Boston, Mass., and (4) from Lewistown, days from the date of publication. nati, Ohio, over Ohio Highway 3 to Pa., over U.S. Highway 522 to Selins- Successively filed letter-notices of the junction Ohio Highway 350, thence over grove, Pa., thence over U.S. Highway 11 same carrier under the Commission’s Ohio Highway 350 to Clarksville, Ohio, to Northumberland, Pa., and return over Deviation Rules Revised, 1957, will be thence over unnumbered highway (for­ the same routes, with service to and from numbered consecutively for convenience merly portion Ohio Highway 3) to the termini and all intermediate and in identification and protests if any junction Ohio Highway 3, thence over off-route points on the above routes should refer to such letter-notices by Ohio Highway 3 to Columbus, Ohio, restricted to traffic moving to or from number. mence over U.S. Highway 40 to junction points in Ohio. Ohio Highway 440, thence over Ohio No. MC 89723 (Deviation No. 13), Motor Carriers of P assengers Highway 440 via Hebron and Jackson-, MISSOURI PACIFIC TRUCK LINES, No. MC 13028 (Deviation No. 16), THE town, Ohio, to junction U.S. Highway 40, INC., 210 North 13th Street. St. Louis, SHORT LINE, INC., 27 Sabin Street, thence over U.S. Highway 40 to Cam- Mo. 63103, filed January 13, 1970; Carrier Post Office Box 1116 Annex Station, Ohio, thence over U.S. Highway proposes to operate as a common carrier Providence, R J. 02901, filed January 15, 22 to junction Pennsylvania Highway 60, by motor vehicle, of general commodities, 1970. Carrier proposes to operate as a thence over Pennsylvania Highway 60 to with certain exceptions, over a deviation common carrier, by motor vehicle, of Pittsburgh, Pa., thence over U.S. High­ route as follows: Between Springfield, passengers and their baggage, and ex­ way 22 to junction unnumbered highway Mo., and Branson, Mo., over U.S. High­ press and newspapers in the same vehicle (formerly portion U.S. Highway 22), way 65, for operation convenience only. with passengers, over a deviation route thence over unnumbered highway via The notice indicates that the carrier is as follows: From junction U.S. Highway ttXq°tx. and Oelmont, Pa., to junction presently authorized to transport the 6 and Massachusetts Highway 140 at u.fc>. Highway 22, thence over U.S. High- same commodities, over pertinent service New Bedford, Mass., over Massachusetts 22 via Harrisburg, Pa., to junction routes as follows: (1) From Aurora, Mo., Highway 140 to junction Interstate nnumbered highway (formerly por- over U.S. Highway 60 to junction Mis­ Highway 195, thence over Interstate m°n u ,®’ Highway 22), thence over un­ souri Highway 13, thence over Missouri Highway 195 to the New Bedford, Mass., numbered highway via Ono and Jones- Highway 13 to Crane, Mo., thence return downtown exit ramp, thence southerly iPwn» Pa-> to junction U.S. Highway 22, over Missouri Highway 13 to junction onto Massachusetts Highway 18, thence 2 l over U.S. Highway 22 to junction supplemental Highway A, thence over over Massachusetts Highway 18 to High unnumbered highway (formerly portion supplemental Highway A to junction Street, thence westerly over High Street

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1132 NOTICES to Pleasant Street, thence southerly over the applications here noticed will not consistent with the public interest and Pleasant Street to Middle Street, thence necessarily reflect the phraseology set the national transportation policy; that easterly over Middle Street to the bus forth in the application as filed, but also applicant is fit, willing, and able properly terminal, in New Bedford, Mass., and will eliminate any restrictions which are to perform such service and to conform return over the same route, for operat­ not acceptable to the Commission. to the requirements of the Interstate Commerce Act and the Commission’s ing convenience only. The notice indi­ Applications Assigned for Oral H earing cates that the carrier is presently au­ rules and regulations thereunder. Be­ thorized to transport passengers and the MOTOR CARRIERS OF PROPERTY cause it is possible that other persons, same property, over a pertinent service No. MC 10345"(Sub-No. 85) (Republi­ who have relied upon the notice of the route as follows: between Providence, application as published, may have an cation), filed November 15, 1967, pub­ interest in and would be prejudiced by R.I., and New Bedford, Mass., over U.S. lished in the F ederal R egister issues-of Highway 6. December 7, 1967 and December 14, 1967', the lack of proper notice of the author­ No. MC 114271 (Deviation No. 9), and republished this issue. Applicant: ity described in the findings in this order, CONTINENTAL CRESCENT LINES, C & J COMMERCIAL DRIVEAWAY, a notice of the authority actually grant­ INC., Box 8435, Jackson, Miss. 39204, filed INC., 1905 West Mount Hope.Avenue, ed will be published in the F ederal R eg­ January 13, 1970. Carrier proposes to Lansing, Mich. Applicant’s representa­ ister and issuance of a certificate in this operate as a common carrier, by motor tive: James W. Wrape, 2111 Sterick proceeding will be withheld for a period vehicle, of passengers and their baggage, Building, Memphis, Tenn. 38103. Certifi­ of 30 days from the date of such publi­ and express and newspapers in the same cate No. MC-10345 (Sub-No. 85), issued cation, during which period any proper vehicle with passengers, over a deviation to above-named applicant on July 1, party in interest may file a petition to route as follows: Prom Birmingham, 1968, authorizes the transportation; of reopen or for other appropriate relief Ala., over U.S. Highway 11 to junction new automobiles, in secondary move­ setting forth in detail the precise manner Interstate Highway 59 (near Arto, Ala.), ments, in truckaway service, from and to in which it has been so prejudiced. thence over Interstate Highway 59 to named points, restricted to traffic having Nos. MC-106760 (Sub-Nos. 88 and 95), junction U.S. Highway 11 (near the Ala- an immediately prior movement by rail and MC-123383 (Sub-No. 31) (Republi­ bama-Georgia State line), thence over from plantsites in Canada of the Olds- cations), (1) No. MC 106760 (Sub-No. U.S. Highway 11 to Trenton, Ga., thence mobile Division of General Motors Corp. 88), filed January 4, 1968, published in over Georgia Highway 301 to junction By petition (letter) filed September 22, the F ederal R egister issue of January 18, Interstate Highway 59, thence over In­ 1969, applicant seeks modification of the 1968, and republished this issue. Appli­ terstate Highway 59 to Chattanooga, above-desdibed certificate by elimina­ cant: WHITEHOUSE TRUCKING, INC., Term., and return over the same route, tion of the words “of the Oldsmobile 2905 Airport Highway, Toledo, Ohio for operating convenience only. The no­ Division”. An order of the Commission, 43614. Applicant’s representative: Leon­ tice indicates that the carrier is presently division 1, dated January 6, 1970, and ard A. Jaskiewicz, 1730 M Street NW, authorized to transport passengers and served January 15, 1970, has ordered Washington, D.C. 20036. (2) No. MC- the same property, over pertinent service that certificate No. MC-10345 (Sub-No. 106760 (Sub-No. 95), filed'March 26,1968, routes as follows: (1) From Huntsville, 85), issued July 1, 1968, be, and it is published in the F ederal R egister issue Ala., over U.S. Highway 231 (portions hereby, modified by deleting from where of April 11, 1968, and republished formerly Alabama Highways 38 and 25) they appear on sheet 2 thereof the words this issue. Applicant WHITEHOUSE to Oneonta, Ala., thence over Alabama “of the Oldsmobile Division of General TRUCKING, INC., 2905 Airport High­ Highway 75 (formerly Alabama Highway Motors Corporation” and substituting way, Toledo, Ohio 43614. Applicant’s rep­ 32) to Birmingham, Ala., and (2) from in lieu thereof the words “of General resentatives: O. L. Thee, 1925 National Oneonta, Ala., over Alabama Highway Motors Products of Canada, Limited”, Plaza, Tulsa, Okla. 74151, and L. A. Jas­ 75 (portions formerly Alabama High­ subject, however, to the prior receipt of kiewicz, 1730 M Street NW., Washington, ways 32 and 110) via Horton, Albert­ written requests by applicant for con­ D.C. 20036. (3) No. MC-123383 (Sub-No. ville, Rainsville, and Henagar, Ala., to current cancellation of certificate No. 31), filed February 21, 1968, published in the Alabama-Georgia State line (ap­ MC-10345 (Sub-No. 86), issued July 3, the F ederal R egister issue of March 7, proximately 8 miles north of Ider, Ala.), 1968, and for dismissal of No. MC-10345 1968, and republished this issue. Appli­ thence over Georgia Highway 143 (For­ (Sub-No. 88). cant: BOYLE BROTHERS, INC., 276 merly unnumbered Dade County, Ga. No. MC 94876 (Sub-No. 6) (Republi­ River Road, Edgewater, N.J. 07020. Ap­ highway) to Trenton, Ga., thence over cation), filed June 20, 1969, published plicant’s representative: Morton E. Kiel, U.S. Highway 11 to Chattanooga, Tenn., in the F ederal R egister issue of July 25, 140 Cedar Street, New York, N.Y. 10006. and return over the same routes. 1969, and republished this issue. Appli­ Applicants in the above-entitled pro­ By the Commission. cant: 'RICHARD ACERRA, INC., 43-09 ceedings seeks common carrier authority Vernon Boulevard, Long Island City, N.Y. to transport, over irregular routes, build­ [ seal] H. N eil Garson, 11101. Applicant’s representative: J. ing panels, sections, wallboard, building Secretary. Aiden Connors, Suite 454, 527 Lexington board, and accessories from Chesapeake, [F.R. Doc. 70-1050; Filed, Jan. .27, 1970; Avenue, New York, N.Y. 10017. By appli­ Va., to points in specified States. In a 8:47 a.m.] cation filed June 20,1969, applicant seeks report and order of August 28, 1969, a permit authorizing operations, in in­ the Commission, Review Board No. 1, terstate or foreign commerce, as a con­ found that the present and future public [Notice 9] tract carrier by motor vehicle, over convenience and necessity require opera­ MOTOR CARRIER APPLICATIONS AND irregular routes of bakery goods and tion by the respective applicants in in­ CERTAIN OTHER PROCEEDINGS products, in containers, bakery product terstate or foreign commerce, as com­ containers, and stale bakery products, mon carriers, by motor vehicle, over J anuary 23, 1970. between New York, N.Y., and Wayne, N.J. irregular routes, of plywood, hardboard, The following publications are gov­ An order of the Commission, Operating molding and accessories used in the in­ erned by the new Special Rule 1.247 of Rights Board, dated December 24, 1969, stallation of plywood, hardboard, and the Commission’s rules of practice, pub­ and served January 15, 1970, finds that molding from Chesapeake, Va., (1) In lished in the F ederal R egister, issue of public convenience and necessity require No. MC 106760 (Sub-No. 88), to points December 3,1963, which became effective operation by applicant, in interstate or in Maine, New Hampshire, Vermont, January 1, 1964. foreign commerce, as a contract carrier Massachusetts, Rhode Island, and New The publications hereinafter set forth by motor vehicle, over irregular routes, York, restricted to the handling of ship­ reflect the scope of the applications as of bakery products in containers, bakery ments originating in Chesapeake and filed by applicant, and may include de­ product containers, and stale bakery destined to points in the named destina­ scriptions, restrictions, or limitations products, between New York, N.Y., and tion States. (2) In No. MC 106760 (Sub- which are not in a form acceptable to Wayne (Passaic County), N.J., under a No. 95), to points in Alabama, Arkansas, the Commission. Authority which ulti­ continuing contract with Borden, Inc., Connecticut, Delaware, Illinois, Indiana, mately may be granted as a result of Foods Division, Drake Bakeries will be Iowa, Kansas, Kentucky, Louisiana,

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 NOTICES 1133 Maryland, Minnesota, Michigan, Missis­ that other persons, who have relied upon days from the date of such publication, sippi, Missouri, Nebraska, New Jersey, the notice of the application as pub­ during which period any proper party North Carolina, North Dakota, Ohio, lished, may have an interest in and would in interest may file a petition to reopen Oklahoma, Pennsylvania, South Dakota, be prejudiced by the lack of proper no­ for other appropriate relief setting forth Tennessee, Texas, Virginia, West Vir­ tice of the authority described in the in detail the precise manner in which it ginia, and Wisconsin, and (3) In No. MC findings in this order, a notice of the has been so prejudiced. 123383 (Sub-No. 31), to points in Maine, authority actually granted will be pub­ No. MC 129387 (Sub-No. 7) (Republi­ Masachusetts, New Hampshire, New lished in the F ederal R egister and is­ York, Rhode Island, and Vermont. Be­ cation) filed April 28, 1969, published in suance of a certificate in this proceeding the F ederal R egister issue of May 29, cause it is possible that other persons, will be withheld for a period of 30 days 1969, and republished this issue. Appli­ who have relied upon the notice of the from the date of such publication, during cant: BILL PAYNE, doing business as applications as published, may have an which period any proper party in interest BILL PAYNE TRUCKING COMPANY, interest in and would be prejudiced by may file a petition to reopen or for other Highway 14 East, Huron, S. Dak. 57350. the lack of proper notice of the com­ appropriate relief setting forth in detail Applicant’s representative: Mead Bailey, modities authorized, a notice of the the precise manner in which it has been 809 National Bank of South Dakota authority actually granted will be pub­ so prejudiced. Building, Sioux Falls, S. Dak. 57102. lished in the F ederal R egister and issu­ No. MC 115841 (Sub-No. 343) (Repub­ By report and order entered in the ance of certificates in the applicable pro­ lication), filed February 19, 1969, pub­ above-entitled proceeding, the examiner ceedings will be withheld for a period of lished F ederal R egister issue of March recommended the granting to applicant 30 days from the date of such publica­ 20, 1969, and republished this issue. Ap­ a certificate of public convenience and tion, during which period any person plicant: COLONIAL REFRIGERATED necessity authorizing operation, in inter­ with a proper interest may file an appro­ TRANSPORTATION, INC., 1215 West state or foreign commerce as a common priate petition for leave to intervene in Bankhead Highway, Post Office Box 2169, carrier by motor vehicle, over irregular this proceeding setting forth in detail Birmingham, Ala. 35201. Applicant’s rep­ routes, of the commodities, to and from the precise manner in which he has been resentative: C. E. Wesley (same address points substantially as indicated below. so prejudiced. as applicant). By application filed Feb­ An order of the Commission, Division 1, No. 110012 (Sub-No. 18) (Repub­ ruary 19, 1969, as amended, applicant served December 11, 1969, and effective lication) , filed May 25, 1969, published in seeks a certificate of public convenience January 12, 1970, finds that the present the F ederal R egister issue of June 26, and necessity authorizing operation, in and future public convenience and neces­ 1969, and republished this issue. Appli­ interstate or foreign commerce, as a com­ sity require operation by applicant as cant: G. B. C., INC., 707 North Liberty mon carrier by motor vehicle, over ir­ a common carrier by motor vehicle, in Hill Road, Post Office Box 68, Morris­ regular routes of foodstuffs (except in interstate or foreign commerce, over ir­ town, Tenn. 37814. Applicant’s repre­ bulk), in vehicles equipped with mechan­ regular routes, of meats, meat products, sentative: James W. Wrape, 2111 Sterick ical refrigeration, from points in Mid­ meat byproducts, and articles distributed Building, Memphis, Tenn. 38103. By re­ dlesex and Essex Counties, N.J., to Union by meat packinghouses, as described in port and order entered in the above- City and Jersey City, N.J., and Phila- parts A and C of appendix I to the report entitled proceeding, the examiner dephia, Pa. The application was referred in Descriptions in Motor Carrier Certif- recommended the granting to applicant to the examiner for hearing and the cates, 61 M.C.C. 209 and 766 (except a certificate of public convenience and recommendation of an appropriate order commodities in bulk, green salted hides, necessity, authorizing operation in inter­ thereon. Hearing was held on October 21, and green salted pelts), from Huron, state or foreign commerce as a common 1969 at Washington, D.C. A decision and S. Dak., to points in Illinois, Iowa, Min­ carrier, by motor vehicle, over irregular order of the Commission, Review Board nesota, Nebraska, North Dakota, and routes of the commodities, to and from Number 1, dated January 9, 1970, and Wisconsin, restricted to the transporta­ Points substantially as indicated below. served January 15, 1970, finds that the tion of shipments originating at Huron, „ °rder of the Commission, division 1, present and future public convenience S. Dak., and destined States; that appli­ effective December 29, 1969, and served and necessity require operation by appli­ cant is fit, willing, and able properly January 13, 1970, finds that the present cant, in interstate or foreign commerce, to perform such service and to conform and future public convenience and neces­ as a common carrier"by motor vehicle, to the requirements of the Interstate sity require operation by applicant as a over irregular routes, of confectionary Commerce Act and the rules and regula­ common carrier by motor vehicle, in in­ (except in bulk), in vehicles equipped tions thereunder. Because it is possible terstate or foreign commerce, over ir­ with mechanical refrigeration, from that other persons who have relied upon regular routes, of (1) new furniture, points in Middlesex and Essex Counties, the notice of the publication as published, crated, from Wichita, Kans., to Chicago, N.J., to points in Alabama, Louisiana, may have an interest in and would be 111., and Morristown, Tenn., (2) lumber, Mississippi, Tennessee, North Carolina, prejudiced by the lack of proper notice of excluding plywood and dimension stock South Carolina, Georgia, Arkansas, Okla­ the authority described in the findings hunber, from points in New Jersey, homa, Texas, California, Oregon, Wash­ in this order, a notice of the authority Maryland, and Alabama, to points in ington, Missouri, Kansas, Nebraska, actually granted will be published in the Hamblen County, Tenn., (3) pastic Iowa, and those in Kentucky on and F ederal R egister and issuance of a cer­ cover, in rolls, from Port Clinton, Ohio, west of U.S. Highway 127 (except points tificate in this proceeding will be with­ and Newburgh, N.Y., to Morristown, in Taylor, XJreene, and Adair Counties, held for a period of 30 days from the lenn., (4) wood frame parts and chair Ky.), restricted to the transportation of date of such publication, during which from Tupelo, Miss., Highland shipments originating at the named period any proper party in interest may fr . Hi-» and Sheboygan Falls, Wis., to origin points and destined to points in the file a petition to reopen or for other Morristown, Tenn., (5) dimension stock described destination territory; that ap­ appropriate relief setting forth in detail mmber, from Bedford, Pa., and Delphos, plicant is fit, willing, and able properly to the precise manner in which it has been ,5 1°> 1x5 Morristown, Tenn., (6) rubbing perform the operation and to conform to so prejudiced. uoncants and wax, in containers, from the requirements of the Interstate Com­ No. MC 129405 (Sub-No. 1) (Republi­ «acme, Wis., to Morristown, Tenn., (7) merce Act and the Commission’s rules Jurniture hardware, in cartons from cation), filed February 16, 1968, pub­ and regulations thereunder. Because it lished in the F ederal R egister issue of amestown, N.Y., and Rockford, 111., to is possible that other persons, who have February 28, 1968, and republished this Morristown, Tenn., (8) foam rubber, relied upon the notice of the application issue. Applicant: SQUAMISH TRANS­ om Fall River, Mass., to Morristown, as published, may have an interest in FER LIMITED, 900 West First Street, , ei\n-’ and (9) wood seats, from Cleve- and would be prejudiced by the lack of North Vancouver, British Columbia, ¡¡¡¡3* Te?.’ to Morristown, Tenn.; that proper notice of the authority described Canada. Applicant’s representative: tif« w^Hn£, and able properly in the findings in this order, a notice H. N. McFadden (same address as appli­ orm su°h service to conform to the of the authority actually granted will be cant) . By application filed February 16, A^uirernents of "the Interstate Commerce published in the F ederal R egister and 1968, as amended, applicant seeks a cer­ , ,.and «Pc Commission’s rules and reg­ issuance of a certificate in this proceed­ tificate of public convenience and neces­ ulations thereunder. Because it is possible ing will be withheld for a period of 30 sity authorizing operation, in interstate

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1134 NOTICES or foreign commerce, as a common car­ plastic articles, from Napa, Calif., to (2) From Ellenville, N.Y., to points in rier by motor vehicle of scrap metal, points in Arizona and Nevada, under a New York, New Jersey, Pennsylvania, which because of size and weight, re­ continuing contract with American Ohio, Michigan, Indiana, Illinois, Wis­ quire the use of special equipment, be­ Flotations Corp., of Napa, Calif.; and consin, Maryland, Delaware, Minnesota, tween ports of entry on the international (4) mineral wool insulation, from Tor­ Connecticut, Rhode Island, Vermont, and boundary line between the United States rance, Calif., to points in Arizona and Massachusetts, under a continuing con­ and Canada located at Blaine and Nevada, under a continuing contract tract with Ellenville Handle Works, Inc., Sumas, Wash., on the one hand, and, on with United States Gypsum Co., of Los and Ellenville Imports, Inc., of Ellenville, the other, points in Washington, over Angeles, Calif.; that applicant is fit, will­ N.Y.; will be consistent with the public irregular routes. The application was re­ ing, and able properly to perform such interest and the national transportation ferred to Joint Board No. 237 for hearing service and to conform to the require­ policy; that applicant is fit, willing, and and recommendation of an appropriate ments of the Interstate Commerce Act able properly to perform such service order thereon. An order of the Commis­ and Commission’s rules and regulations and to conform to the requirements of sion, Joint Board No. 237, effective Jan­ thereunder. Because it is possible that the Interstate Commerce Act and the uary 9,1970, and served January 16,1970, other persons, who have relied upon the Commission’s rules and regulations finds that the present and future public notice of the application as published, thereunder. Because it is possible that convenience and necessity require opera­ may have an interest in and would be other persons, who have relied upon the tion by applicant as a common carrier by prejudiced by the lack of proper notice notice of the application as published motor vehicle, in foreign commerce, of of the authority described in the findings may have an interest in ¿md would be scrap metals between the ports o± entry in this order, a notice of the authority prejudiced by the lack of proper notice on the international boundary line be­ actually granted will be published in the of the authority described in the findings tween the United States and Canada lo­ F ederal R egister and issuance of a per­ of this order, a notice of the authority cated at or near Blaine and Sumas, mit in this proceeding will be withheld actually granted will be published in the Wash., on the one hand, and, on the for a period of 30 days from the date of F ederal R egister and issuance of a per­ other, points in Washington, over ir­ such publication, during which period mit in this proceeding will be withheld regular routes; that applicant is fit, will­ any proper party in interest may file a for a period of 30 days from the date of ing, and able properly to perform such petition to reopen or for other appro­ such publication, during which period service and to conform to the require­ priate relief setting forth in detail the any proper party in interest may file a ment of the Interstate Commerce Act precise manner in which it has been so petition to reopen or for other appro­ anfl the Commission’s rules and regula­ prejudiced. priate relief setting forth in detail the tions thereunder. Because it is possible No. MC 13400$ (Republication), filed precise manner in which it has been so that other parties who have relied upon August 18, 1969, published in the F ederal prejudiced. the notice of the application as pub­ R egister issue of September 25, 1969, N otice of F iling of P etition lished, may have an interest in and would and republished this issue. Applicant: be prejudiced by the lack of proper no­ M.E.J. LEASING CORP., Ellenville, N.Y. No. MC 70083 (Sub-No. 7), Notice of tice of the authority described in the Applicant’s representative: John J. Filing of Petition for Modification and findings in this order, a notice of the au­ Brady, Jr., 75 State Street, Albany, N.Y. for Leave To File Pursuant to Rule 102), 12207. By application filed August 18, filed January 8,1970. Petitioner: DRAKE thority actually granted will be published MOTOR LINES, INC., 20 Olney Avenue, in the F ederal R egister and issuance of a 1969, applicant seeks a permit authoriz­ certificate in this proceeding will be ing operations, in interstate or foreign Cherry Hill, N.J. 03034. Petitioner’s rep­ withheld for a period of 30 days from commerce, as a contract carrier, by resentative: Herbert Burstein, 30 Church the date of such publication, during motor vehicle, over irregular routes, of Street, New York, N.Y. 10007. Petitioner which period any proper party in interest wooden articles (broom handles, paint states that prior to March 1, 1965, it may file a petition to reopen or for other brush handles, ax handles, farm imple­ filed an application, pursuant to the pro­ appropriate relief setting forth in detail ments and garden handles as used for visions of Special Rules of Procedure the precise manner in which it has been rakes, hoes and similar implements, Governing Conversion of Irregular Route so prejudiced. wooden dowels, wood moulding, wooden to Regular Route Motor Carrier Opera­ No. MC 133154 (Sub-No. 2) (Republi­ blocks, and laminated flooring); (1) tions, to convert its following irregular- from the Port of New York, N.Y.; Port route authority to regular-route author­ cation) , filed April 25, 1969, published in ity: “Such commodities as are dealt in the F ederal R egister issues of May 15, of Newark, N.J.; Port of Boston, Mass.; 1969, and August 21, 1969, and repub­ Port of Philadelphia, Pa.; and Port of by retail department stores, between lished this issue. Applicant: DICK BELL Baltimore, Md., to Ellenville, N.Y.; and Philadelphia, Ardmore, Jenkintown, and TRUCKING, INC., 16036 Valley Boule­ (2) from Ellenville, N.Y., to points in Upper Darby, Pa., and Camden, N.J., on vard, Fontana, CaT'f. 92335. Applicant’s New York, New Jersey, Pennsylvania, the one hand, and, on the other, Wash­ representative: Fred D. Preston, 5820 Ohio, Michigan, Indiana, Illinois, Wis­ ington, D.C., points in New Jersey, Dela­ Wilshire Boulevard, Suite 605, Los consin, Maryland, Delaware, Minnesota, ware, and Maryland, points in that part Angeles, Calif. 90036. By application filed Connecticut, Rhode Island, Vermont, and of Pennsylvania east of a line beginning April 25, 1969, as amended, applicant Massachusetts; under contract with at the Pennsylvania-New York State seeks a permit authorizing operations, Ellenville Handle Works, Inc., and Ellen­ line; and extending along U.S. Highway in interstate or foreign commerce, as a ville Imports, Inc. An order of the Com­ 11 to Lemoyne, Pa., thence along Inter­ contract carrier by motor vehicle, oyer mission, Operating Rights Board, dated state Highway 83 (formerly portion U.S. irregular routes, of the commodities, December 31, 1969, and served Janu­ Highway 111) to York, Pa., thence along from and to the points substantially as ary 20, 1970, finds that operation by unnumbered highway (formerly portion indicated below. An order of the Com­ applicant, in interstate or foreign com­ of U.S. Highway 111) through Jacobus, mission, Operating Rights Board, dated merce, as a contract carrier, by motor Loganville, and Shrewsbury Pa., to the December 31, 1969, and served Janu­ vehicle, over irregular routes, of wooden Pennsylvania-Maryland State line, ana ary 20, 1970, finds that operation by articles (1) from points within the New points in that part of New York soutn applicant in interstate or foreign com­ York, N.Y., harbor area, as defined by and east of a line beginning at the New the Commission in Ex Parte No. 140, York-Massachusetts State line, and ex­ merce, as a contract carrier by motor tending along New York Highway 2 to vehicle, over irregular routes, of (1) Determination of the Limits of New York fiber and metal drums, from King City, Harbor and Harbors Contiguous There­ Troy, N.Y., and thence along New Yorx Pittsburg, and Santa Ana, Calif., to Las to, 49 CFR 1070.1, and the harbor areas Highway 7 to the New York-Pennsy- Cruces, N. Mex., under a continuing con­ of Boston, Mass., Philadelphia, Pa., and vania State line, including points on tne tract with Cal-Compack Foods, Inc., of Baltithore, Md., to points in New York, indicated portions of the highways spec Santa Ana, Calif.; (2) mineral wool in­ New Jersey, Pennsylvania, Ohio, Michi­ ified.” Said petition also states that a gan, Indiana, Illinois, Wisconsin, Mary­ certificate was issued on November 2», sulation, from Fontana, Calif., to points 1968, incorporating the regular-route au­ in Arizona and Nevada, under continu­ land, Delaware, Minnesota, Connecticut, Rhode Island, Vermont, and Massachu­ thority and the existing irregular-rou ing contracts with Mineral Wool Insula­ authority. However, the irregular route tion, Fontana, Calif.; (3) expanded setts; and

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 NOTICES 1135 authority was made subject to the fol­ No. MC-F-10700 (Supplement) MAT- operate as a common carrier in Illinois, lowing restriction: “Carrier shall not, LACK, INC.—Purchase (Portion) — Iowa, Missouri, Ohio, Michigan, Indiana, pursuant to the irregular-route author­ CHEM-HAULERS, INC.), published in Wisconsin, Minnesota, New York, Mas­ ity, described above, transport shipments the January 7, 1970, issue of the F ederal sachusetts, Rhode Island, and Kentucky. moving between any points authorized R egister, on page 251. Supplement filed Application has been filed for temporary hereinabove to be served by it in regular- January 20, 1970, to show joinder of authority under section 210a(b). N ote: route operations.” By the instant peti­ ROLLINS INTERNATIONAL, INC., and No. MC-43421 Sub-42 is a matter directly tion, petitioner, requests that No. MC JOHN W. ROLLINS, SR., as additional related. 70083 (Sub-No. 7), be modified by adding party applicants. a further restriction in the regular-route No. MC-F-10723. Authority sought for No. MC-F-10712. (Correction) (CHER­ purchase by PETCO, INC., INTER­ authority against the described retail OKEE HAULING & RIGGINS, INC.— delivery service and. that the restriction STATE, 7627 Dahlia Street, Commerce Purchase—KENZ STEEL TRANSPORT, City, Colo. 80022, of the operating rights with respect to the irregular-route au­ INC.), published in the January 14,1970, thority, as set forth above be modified of R. W. BRYAN, doing business as R. W. issue of the F ederal R egister on page BRYAN COMPANY, Post Office Box so as to read as follows: “Carrier shall 516. This correction to show CHEROKEE not, pursuant to the irregular route au­ 2246, Grand Junction, Colo. 81501, and thority described above, transport ship­ HAULING & RIGGING, INC., seeks to for acquisition by LOREN G. MARKLEY, ments moving between any points au­ Lease the operating rights and property T. M. GLIDEWELL, both of Post Office thorized hereinabove to be served by it Of KENZ STEEL TRANSPORT, INC., in Box 447, Commerce City, Colo. 80022, and in regular-route* operations except in a lieu of Purchase. Prior notice reads MELTON H. BRYAN, 2000 East Yellow­ retail store delivery service.” Any inter­ CHEROKEE HAULING & RIGGINS, stone, Casper, Wyo. 82601, of control of ested person desiring to participate may INC.—Purchase—KENZ STEEL TRANS­ such rights through the purchase. Ap­ file an original and six copies of his writ­ PORT, INC., and should read CHERO­ plicants’ attorney: Marion F. Jones, 420 ten representations, views, or argument KEE HAULING & RIGGING, INC.— Denver d u b Building, Denver, Colo. in support of, or against the petition LEASE—KENZ STEEL TRANSPORT, 80202. Operating rights sought to be within 30 days from the date of publica­ INC. transferred: Road oil, in bulk, in tank tion in the F ederal R egister. No. MC-F-10713 (Correction) (POINT trucks, as a common carrier, over irreg­ EXPRESS, INC.—Purchase (Portion) — ular routes, between points in that part Applications U nder S ections 5 and CLINE MUNDY), published in the Janu­ of Colorado on and west of U.S. High­ 210a(b) ary 7,1970, issue of the F ederal R egister way 85, on the one hand, and, on the The following applications are gov­ on page 516. This notice to show the cor­ other, points in Utah. Vendee is author­ erned by the Interstate Commerce Com­ rect authority sought to be transferred ized to operate as a common carrier in mission’s special rules governing notice over irregular routes should read: Gen­ Wyoming, Colorado, Idaho, North Da­ of filing of applications by motor carriers eral commodities, excepting among oth­ kota, Nebraska, South Dakota, and Kan­ of property or passengers under sections ers, dangerous explosives, household sas. Application has not been filed for 5(a) and 210a(b) of the Interstate Com­ goods and commodities in bulk, over temporary authority under section merce Act and certain other^proceedings irregular routes, between Bluefield, W. 210a(b). with respect thereto. (49 CFR 1.240) Va., on the one hand, and, on the other, points in Virginia, within 75 miles of No. MC-F-10724. Authority sought for MOTOR CARRIERS OF PROPERTY Bluefield; and canned goods, between purchase by ECKLEY TRUCKING AND No. MC-F-10415 (Supplement) (MAT- Newport and Sevierville, Tenn., and LEASING, INC., Mead, Nebr., of a por­ LACK, INC. — Control — B O N D E D tion of the operating rights of CRETE points in Virginia; in lieu of prior notice. CARRIER CORPORATION, Crete, Nebr., FREIGHTWAYS, INC.), published in the The regular route authority stands and for acquisition by GERALD ECK­ March 19,1969, issue of the F ederal R eg­ ^correct. LEY, also of Mead, Nebr., of control of ister, on page 5410. Supplement filed No. MC-F-10722. Authority sought for such rights through the purchase. Appli­ January 20, 1970, to show joinder of purchase by DOHRN TRANSFER COM­ cants’ attorney: Frederick J. Coffman, ROLLINS INTERNATIONAL, INC., and PANY, 4016 Ninth Street, Rock Island, 521 South 14th Street, Post Office Box JOHN W. ROLLINS, SR., as additional HI. 61201, of the operating rights of 806, Lincoln, Nebr. 68501. Operating party applicants; and includes petition GENERAL TRANSPORTATION COM­ rights sought to be transferred: Equip­ to exempt ROLLINS INTERNATIONAL, PANY, 68 Foster Street, Peabody, Mass. ment, materials, and supplies used in the INC., from the provisions of sections 01960, and for acquisition by GEORGE manufacture of metal and fiberglass con­ 204(a) (1) and (2), 214 and 220 of Part A. LORENZEN, 2738 Elm Street, Daven­ tainers, industrial blenders, dump station II of the Interstate Commerce Act. port, Iowa 52803, ARTHUR H. LOREN­ machines, frankfurter processing ma­ t -MC-F-10486 (Supplement) (MAT- ZEN, 7821 East Northland Drive, Scotts­ chines, sand blasters, truck hdists, trac­ LACK, INC.—Control and Purchase— dale, Ariz. 85251, WAYNE E. DOHRN, tor stilts, stock tank heaters, farm BAGGETT BULK TRANSPORT, INC.) , 3416 32d Street, Rock Island, 111. 61201, fertilizer applicators, and nurse tank Published in the May 28,1969, issue of the and CHARLES H. DOHRN, 11200 Eighth wagons (except commodities in bulk, federal R egister, on page 8262. Supple­ E., St. Petersburg, Fla. 33706, of control and those which, by reason of size ment filed January 20, 1970, to show of such rights through the purchase. or weight, require special handling Joinder of ROLLINS INTERNATIONAL, Applicants’ attorneys: Axelrod, Good­ or special equipment), as a contract INC and JOHN W. ROLLINS, SR., as man & Steiner, 39 South La Salle St., carrier, over irregular routes, from additional party applicants; and includes Chicago, HI. 60603, and Kenneth B. Wil­ points in Hlinois, Indiana, Iowa, Pinion to exempt ROLLINS INTERNA- liams, 111 State Street, Boston, Mass. Kansas, Kentucky, Minnesota, Missouri, IONAL, INC., from the provisions of 02109. Operating rights sought to be Ohio, Oklahoma, Pennsylvania, Texas, séchons 204(a) (1) and (2), 214 and 220 transferred; General commodities, ex­ and Wisconsin, to Lenox, Iowa, Beatrice, oi Part II of the Interstate Commerce cept petroleum products in tank trucks, Nebr., and ports of entry on the United as a common carrier, over regular routes, States-Canada boundary line located at t *1°-MC-F-10612 (Supplement) MAT between Boston, Mass., and Danvers and or near Detroit, Mich., with restriction; E*0 -—Control—iSOUTHER! Beverly, Mass., serving certain interme­ (l)(a) metal and fiberglass containers, INC* & T*I* McCORMACI diate points; and general commodities, industrial blenders and dump station TOUCHING CO., INC.), published in th except petroleum products, in tank machines, frankfurter processing ma­ September 17, 1969, issue of the F edera: trucks, over irregular routes, between chines, sand blasters, truck hoists, tractor n„KvSlER’on page 14502, and amendmen points on the above-specified regular stilts, stock tank heaters, farm fertilizer Pubhshed in the October 9, 1969, issue oi routes; and under a certificate of regis­ iofn 11134, SupPlement filed January 2C tration, in Docket No. MC-75873 Sub-2, applicators, and nurse tank wagons, and Joinder of ROLLINf covering the transportation of general (b) parts of the commodities named and gJTEMiATIONAL, INC., and JOHN W commodities, as a common carrier, in (a) above, from Lenox, Iowa, and Bea­ appiS . SB" “ additional P“ * intrastate commerce, within the State of trice, Nebr., to points in the United Massachusetts. Vendee is authorized to States (except points in Alaska, Arizona,

No. 19- FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1136 NOTICES Hawaii, Kentucky, Montana, New Mex­ INC., 1925 National Plaza, Tulsa, Okla. Inc., at Canton and Fairhope, Ohio, to ico, North Carolina, Tennessee, and Wy­ 74151, and for acquisition by PEPSICO, points in Alabama, Arkansas, Delaware, oming with restriction; INC., 500 Park Avenue, New York, N.Y., Georgia (except points located on and (2) Tools, parts, supplies, and par­ of control of such rights and property north of U.S. Highway 80), Illinois (ex­ tially fabricated products, utilized in through the transaction. Applicants’ at­ cept points in Boone, Cook, De Kalb, connection with the manufacturing torneys: Leonard A. Jaskiewicz, 1730 M Du Page, Grundy, Kane, Kendall, Lake, of the commodities named in (1) (a) Street NW., Washington, D.C. 20036, and McHenry, Will, and Winnebago Counties, above, between Lenox, Iowa, Beatrice, Richard O. Battles, 1925 National Plaza, HI.), Indiana, Iowa, Kentucky, Maryland, Nebr., and the port of entry on Tulsa, Okla. 74151. Operating rights Michigan (except points in the Upper the United States-Canada boundary sought to be merged: Prefabricated Peninsula thereof), Mississippi, Missouri, line at or near Detroit, Mich., buildings, including component parts of New Jersey, Pennsylvania, Tennessee, with restriction; temporary authority such building when shipped therewith, West Virginia, and the District of Co­ sought to be transferred; construc­ as a common carrier, over irregular lumbia, from plantsites of Macomber, tion materials, except in bulk, con­ routes, between points in Illinois, Indi­ Inc., at Canton and Fairhope, Ohio, to tractors’ equipment, engines, hoists, ana, Kentucky, Massachusetts, Michi­ points in New York, from Canton, Ohio, forms, equipment and supplies, for the gan, New York, Ohio, Pennsylvania, West to points in Connecticut, Florida, Maine, account of Dravo Corp., as contract car­ Virginia, and Wisconsin; truck bodies, Massachusetts, New Hampshire, Rhode riers, over irregular routes, between Mar­ from Detroit, Mich., to points in Illinois, Island, and Vermont; ietta, Ohio, Benton, Ala., Whiskey Bay Indiana, Kentucky, Ohio, Pennsylvania, Boards, building, wall or insulating, Bridge Job Site, La., the plantsite of the West Virginia, Wisconsin, and New York; and materials and supplies used in the Dravo Corp., at Neville Island, Pa., and prefabricated buildings, from Toledo, installation thereof, from the plantsite Black River Palls Job Site, Wis., on the Ohio, to points in New Jersey, with re­ and warehouse site of Celotex Corp. in one hand, and, on the other, points in striction; prefabricated buildings, in­ Baraga County, Mich., to points in Ala­ Alabama, Arizona, Arkansas, Connecti­ cluding component parts of such build­ bama, Arkansas, Delaware, Georgia, Illi­ cut, Delaware, Florida, Georgia, Idaho, ings when shipped therewith (except nois (except points in Cook, Du Page, Illinois, Indiana, Iowa, Kansas, Ken­ commodities the transportation of which Will, Lake, Kendall, “De Kalb, Boone, tucky, Louisiana, Maine, Maryland, Mas­ because of size or weight requires the use Kane, Grundy, and La Salle Counties, sachusetts, Michigan, Minnesota, Mis­ of special equipment), from points in 111.), Iowa, Kentucky (except Louisville sissippi, Missouri, Montana, Nebraska, Illinois, Indiana, Kentucky, Massachu­ and Henderson, Ky. and the commercial Nevada, New Hampshire, New Jersey, setts, Michigan, New York, Ohio, Penn­ zones thereof as defined by the Commis­ New Mexico, New York, North Carolina, sylvania, West Virginia, and Wisconsin, sion) , Louisiana, Maryland, Mississippi, Ohio, Oklahoma, Pennsylvania, Rhode to points in Maine, New Hampshire, Con­ Missouri, New Jersey, North Carolina, Island, South Carolina, Tennessee, Tex­ necticut, Vermont, and Rhode Island, be­ Ohio, Pennsylvania, South Carolina, as, Vermont, Virginia, West Virginia, tween Hanover, Pa., on the one hand, Tennessee, Virginia, West Virginia, and Wisconsin, Wyoming, and the District and, on the other, points in Alabama, the District of Columbia, and points in of Columbia; and air handing units, Florida, Georgia, Louisiana, and Missis­ Wisconsin west of U.S. Highway 51, from makeup air systems, heating and venti­ sippi; buildings, complete, knocked down, points in Wabash County, Ind., to points lating units, gas unit heaters, and cool­ or in sections, including component parts, in Alabama (except Birmingham, Ala., ing and heating systems, and equipment, materials, supplies, and fixtures, and and points within 65 miles thereof), materials, and supplies used in the man­ when shipped with those buildings, ac­ Arkansas, Delaware, Illinois, Iowa, Ken­ ufacture and production thereof, between cessories, used in the erection, construc­ tucky, Louisiana, Maryland, Michigan, Hastings, Nebr., on the one hand, and, tion, and completion thereof, between Mississippi, Missouri, Tennessee, and the on the other, points in Alabama, Arizona, Hanover, Pa., on the one hand, and, on District of Columbia, from points in Ot­ Arkansas, California, Colorado, Connec­ the other, points in New Jersey and Dela­ tawa County, Ohio, to points in Alabama ticut, Georgia, Illinois, Indiana, Iowa, ware, between Hanover, Pa., on the one (except Birmingham, Ala., and points Kansas, Kentucky, Louisiana, Maryland, hand, and, on the other, points in Mary­ within 65 miles thereof), Arkansas, Del­ Michigan, Minnesota, Mississippi, Mis­ land and the District of Columbia; aware, Illinois, Iowa, Kentucky, Louisi­ souri, New Jersey, New York, Ohio, Ore­ Prefabricated houses and buildings, ana, Maryland, Michigan, Mississippi, gon, Pennsylvania, Tennessee, Texas, prefabricated house and building sec­ Missouri, New Jersey, Ohio, Pennsyl­ Virginia, and Wisconsin, with restric­ tions, prefabricated house and building vania, Tennessee, West Virginia, and the tion. (N ote : Permanent authority appli­ panels, with parts and accessories, be­ District of Columbia, from the plant or cations are pending before the Commis­ tween points in Alabama, Arkansas, warehouse sites of the Celotex Corp. lo­ sion for this temporary authority. ECK- Georgia, Illinois, Indiana, Iowa, Ken­ cated in Orleans and Jefferson Parishes, LEY TRUCKING AND LEASING, INC., tucky, Louisiana, Michigan, Mississippi, La., to points in Alabama (except Bir­ holds no authority from this commission. Missouri, North Carolina, Ohio, Penn­ mingham, Ala., and points within 65 However, its controlling stockholder sylvania, South Carolina, Tennessee, Vir­ miles thereof), Delaware, Georgia, (ex­ GERALD ECKLEY, doing business as ginia, West Virginia, and Wisconsin; dry cept Atlanta,* Ga., and its commercial ECKLEY TRUCKING AND LEASING, fertilizer, in bags, from Fulton, 111., to zone as defined by the Commission), Post Office Box 156, Mead, Nebr. 68041, points in the Upper Peninsula-of Michi­ Maryland, Mississippi, New Jersey, North is authorized to operate under temporary gan; building wall or insulating boards, Carolina, South Carolina, Pennsylvania, authority as a contractor carrier in Ne­ and materials and supplies used in the Virginia, and the District of Columbia, braska, Colorado, Illinois, Iowa, Indiana, installation of building, wall or insulat­ from points in Orleans and Jefferson Kansas, Minnesota, Missouri, Montana, ing boards, from the plantsite of the Parishes, La., to points in Arkansas, North Dakota, South Dakota, Wisconsin, Armstrong Cork Co., at or near Macon, Illinois, Iowa, Kentucky, Michigan, Mis­ Wyoming, Michigan, Ohio, Pennsylvania, Ga., to points in Alabama, Arkansas, souri, Ohio, West Virginia, and Wiscon­ New York, Oregon, Washington, and Delaware, Illinois, Indiana, Iowa, Ken­ sin, with restriction; California; and is affiliated with WAHOO tucky, Louisiana, Maryland, Michigan, Plastic pipe, tubing, conduit, valves, TRANSFER, INC., Post Office Box 156, Mississippi, Missouri, New Jersey, North or fittings, compounds, joint sealer, Mead, Nebr. 68041, which is authorized Carolina, Ohio, Pennsylvania, South bonding cement, primer, coating, thin­ to operate as a common carrier in Ne­ Carolina, Tennessee, Virginia, West Vir­ ner, and accessories used in the installa­ braska and Colorado. Application has ginia, Wisconsin, and the District of tion of such products, from the plantsites not been filed tor temporary authority Columbia, with restriction; steel col­ of Carlon Products Division of Conti­ under section 210a(b). umns, steel joists, steel beams, steel roof­ nental Oil Co., located at or near Mantua No. MC-F-10725. Authority sought for ing decks, steel shapes, steel trusses, steel Portage County, Ohio, and located at oi merger into NATIONAL TRAILER CON­ sidings, and accessories of the named near Clinton, Iowa, to points in Arkansas, VOY, INC., 1925 National Plaza, Tulsa, commodities when moving as part of the Connecticut, Delaware, Illinois, Indiana, same shipment with the named commod­ Iowa, Kentucky, Louisiana, Maine, Okla. 74151, of the operating rights and Maryland, Massachusetts, Michigan, property of WHITEHOUSE TRUCKING, ities, from the plantsites of Macomber,

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 NOTICES 1137 Mississippi, Missouri, New Hampshire, the Taylor-Adair County, Ky., line, serv­ attorney: Jack R. Turney, Jr., 2001 New Jersey, New York, Ohio, Pennsyl­ ing all intermediate points; and the off - Massachusetts Avenue NW., Washing­ vania, Rhode Island, Tennessee, Ver­ route points within 3 miles of the speci­ ton, D.C. 26036. Operating rights sought mont, Virginia, West Virginia, Wisconsin, fied route, except that no freight may be to be transfered: (This authority was and the District of Columbia, wth re­ transported from or to Louisville, Ky., granted pursuant to order in MC-F- strictions; heating, cooling and ventilat­ proper, or the Louisville, Ky., gateway, 10215, by Review Board No. 5, dated ing equipment, cabinets and shelves, between Lebanon, Ky., and the Casey- November 19, 1968, and consummated wall facing, and materials used in the Russell County, Ky., line, serving the in­ January 1, 1969, and certificate not yet installation of heating and air-handling termediate point of Bradfordville, Ky., issued) General commodities, except systems, from Holland and Westerville, and those between Bradfordville and those of unusual value, commodities re­ Ohio, to points in New York, Connecti­ Lebanon and serving Liberty, Ky., for quiring special equipment, and those in­ cut, Maine, Massachusetts, New Hamp­ purposes of joinder only, between the jurious or contaminating to other lad­ shire, Rhode Island, Vermont, Texas, junction of U.S. Highway 127 with the ing, as a common carrier, over regular Oklahoma, Kansas, Nebraska, Colorado, Boyle-Lincoln County lines near Shelby routes, between Silver City, N. Mex., and and New Mexico, with restrictions; pre­ City, Ky., and the junction of the Casey- El Paso, Tex., serving all intermediate fabricated buildings, complete, knocked Russell County line south of Dunnville, points between Silver City, N. Mex., and down, or in sections and component Ky., serving all intermediate points and Deming, N. Mex., including Deming, parts, materials, supplies, and fixtures the off-route points within 5 miles of the without restrictions; all intermediate when shipped with such buildings, and described route south of the Lincoln- points between Deming, N. Mex., and accessories used in the erection, con­ Boyle County, Ky., line, between Louis­ El Paso, Tex., inclusive, and the off- struction, and completion thereof, from ville, Ky., and the junction of Kentucky route point of Wemple, N. Mex., re­ Des Moines and Clarinda, Iowa, to points Highway 61 with the Green-Adair County stricted against the transportation of in Kansas, Nebraska, Minnesota, and line, between Louisville, Ky., and Spring- household goods as defined by the Com­ South Dakota, with restriction; and field, Ky., serving the intermediate points mission; and the off-route point of Fort building board, ivall board, insulating of Bardstown, Ky., and those between Bayard, N. Mex., restricted against the board, and composition board, and parts, Bardstown and Springfield and points transportation of classes A and B ex­ materials and accessories incidental within 5 miles of U.S. Highway 150 be­ plosives and commodities in bulk; and thereto (except lumber and except com­ tween Bardstown and Springfield, be­ general commodities, between Silver City, modities in bulk), from Lagro and Wa­ tween Springfield, Ky., and the junction N. Mex., and Lordsburg, N. Mex., serving bash, Ind., to points in Florida and Geor­ of U.S. Highway 150 with the Boyle- all intermediate points, between Silver gia. NATIONAL TRAILER CONVOY, Washington County, Ky., line, serving City, N. Mex., and Reserve, N. Mex., INC. is authorized to operate as a com­ all intermediate points and off-route serving all intermediate points, and the mon carrier in all States in the United points within 3 miles of the described off-route point of Mogollon, N. Mex. States (except Alaska and Hawaii), and route, between Lebanon, Ky., and the Vendee is authorized to operate as a com­ the District of Columbia. Application has junction of Kentucky Highway 152 with mon carrier in California. Application not been filed for temporary authority Washington-Mercer Counties, Ky., line, has not been filed for temporary author­ under section 210a(b). Note: NATIONAL serving all Intermediate points. Vendee is ity under section 210a(b). TRAILER CONVOY, INC., controls authorized to operate as a common car­ No. MC-F-10729. Authority sought for WHITEHOUSE TRUCKING, INC., pur­ rier in Illinois, Indiana, Missouri, Ohio, purchase by RUSSELL TRANSFER, IN­ suant to authority granted December 8, Tennessee, Alabama, Kentucky, Georgia, CORPORATED, 444 Glenmore Drive, 1966, in MC-F-9507, by Finance Board Louisiana, Mississippi, North Carolina, Salem, Va. 24153, of the operating rights No. 1, and consummated December 22, Pennsylvania, South Carolina, Virginia, and property of INDUSTRIAL TRUCK­ 1966. West Virginia, and Wisconsin. Applica­ ING, INC., 4236 Kanawha Turnpike, No. MC-F-10726. Authority sought for tion has been filed for temporary au­ Charleston, W. Va. 25303, and for acqui­ purchase by CENTRAL MOTOR EX­ thority under section 210a(b). sition by BILL BUMGARDNER, also of PRESS, INC., Post Office Drawer C, No. MC-F-10727. Authority sought for Salem, Va., of control of such rights and Campbellsville, Ky. 42718, of a-portion of purchase by CITY EXPRESS, INC., 2006 property through the purchase. Appli­ the operating rights of McDUFFEE MO­ North Bloomington Street, Streator, 111. cants’ representative: Robert G. Perry, TOR FREIGHT, INC., 1600 Oliver Ave­ 61364, of the operating rights of BRUN- Suite 1701, Charleston National Plaza, nue, Indianapolis, Ind. 46221, and for TON STORAGE & VAN CO., INC., 2006 Charleston, W. Va. Operating rights acquisition by HENRY A. BUCHANAN, North Bloomington Street, Streator, 111. sought to be transferred: Under a certif­ JR., Campbellsville, Ky., of control of 61364, and for acquisition by RINGLE icate of registration in Docket No. MC- such rights through the purchase. Appli­ FARMS, INC., 2006 North Bloomington, 120390 Sub-No. 1, covering the transpor­ cants’ attorneys: Robert M. Pearce, Post Streator, HI., and in turn by GLEN RIN­ tation of commodities generally, as a Office Box E, Bowling Green, Ky. 42101, GLE, 4 Bourbon Street, Streator, HI., of common carrier, in intrastate commerce, and Kirkwood Yockey, Suite 501, Union control of such rights through the pur­ within the State of West Virginia. Ven­ Federal Building, Indianapolis, Ind. chase. Applicants’ attorney: Robert H. dee is authorized to operate as a com­ 46204. Operating rights sought to be Levy, 29 South La Salle Street, Suite 730, mon carrier in Virginia, New York, Penn­ transferred: General commodities, ex­ Chicago, HI. 60603. Operating rights sylvania, Hlinois, Indiana, New Jersey, cepting, among others, classes A and B sought to be transferred: Under a certifi­ North Carolina, Delaware, West Virginia, explosives, household goods and com­ cate of registration, in Docket No. MC- Maryland, South Carolina, and the Dis­ modities in bulk, as- a common carrier, 120636 Sub-1, covering the transporta­ trict of Columbia. Application has been over regular routes, between points in tion of property, as a common carrier filed for temporary authority under sec­ Kentucky, serving all intermediate points in intrastate commerce, within the State tion 210a(b). m Marion County, off-route points in of Illinois. Vendee is authorized to oper­ No. MC-F-10730. Authority sought for Marion County within 3 miles of the ate as a common carrier in Illinois, Wis­ purchase by POWERS TRANSPORTA­ specified routes, and the off-route points consin, Indiana, Michigan, Missouri, TION, INC., Storm Lake, Iowa, of a por­ of Dants and Calvary, Ky., between Ohio, and Kentucky. Application has tion of the operating rights of COM­ Points in Kentucky, serving all inter­ been filed for temporary authority under MERCIAL FREIGHT LINES, INC., 4200 mediate points, between Lebanon, Ky., section 210a(b). N ote: N o. MC-48441 Gardner Street, Kansas City, Mo., and s-nd the junction of Kentucky Highway Sub-7 is a matter directly related. for acquisition by WORSTER-IOWA, 1 with the Green-Adair County line, No. MC-F-10728. Authority sought for INC., East Main Road, North East, Pa., serving all intermediate points and the purchase by HOPPER TRUCK LINES, and in turn by, WORSTER MOTOR ^-foute points within 3 miles of the 2800 West Bayshore Road, Palo Alto, LINES, also of North East, Pa., and Pecified route, except that no freight Calif. 94303, of a portion of the operat­ DAVID B. WORSTER, West Lake Road, ay be transported from or to Louisville, ing rights and certain property of C-B North East, Pa., of control of such rights t l ’’ Prop«* or the Louisville, Ky., gate- TRUCK LINES, INC., Post Office Box through the purchase. Applicants’ at­ y, between Campbellsville, Ky., and 26276, El Paso, Tex. 79115. Applicants’ torney: William W. Knox, 23 West 10th

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1138 NOTICES Street, Erie, Pa. 16501. Operating rights or foreign commerce within the limits of all points intermediate thereto, and be­ sought to be transferred: Meats, meat the intrastate authority sought, pursu­ tween said intermediate points via In­ products, and meat byproducts, and ant to section 206(a) (6) of the Interstate terstate Highway 680. (g) Between San articles distributed by meat packing­ Commerce Act, as amended October 15, Leandro and Livermore and all points houses, as described in sections A and C 1962. These applications are governed by intermediate thereto, and between said or appendix 1 to the report in Descrip­ Special Rule 1.245 of the Commission’s intermediate points via Interstate High­ tions in Motor Carrier Certificates, 61 rules of practice, published in the F ed­ way 580 and U.S. 50. M.C.C. 209 and 766 (except hides, and eral R egister, issue of April 11, 1963, (h) Between Livermore and Pleasan­ commodities in bulk, in tank vehicles), as page 3533, which provides, among other ton and all points intermediate thereto a common carrier over irregular routes, things, that protests and requests for in­ and between said intermediate points via from the plantsite of Armour and Co., formation conçerning the time and place State Highway 84 and Stanley Boule­ near Worthington, Minn., to points in of State Commission hearings or other vard. (i) Between all points and places Illinois, Iowa, Kansas, Missouri, and proceedings, any subsequent changes within the county of Contra Costa, (j) Nebraska, with restriction; from the therein, any other related matters shall Between any and all routes and points plantsite and storage facilities utilized by be directed to the State Commission with set forth in paragraphs (a) through (i) Wilson & Co., Inc., at or near Cherokee, which the application is filed and shall inclusive, (k) Between all points and Iowa, to points in Illinois, Kansas, not be addressed to or filed with the places within 5 miles of the routes and Missouri, and Wisconsin, with restric­ Interstate Commerce Commission. points set forth in paragraphs (a) tion; from Sioux City, Iowa, to points in State Docket No. 3279, Sub-1, filed De­ through (i). (1) For operating conven­ Illinois, Wisconsin, Missouri, Kansas, cember 29, 1969. Applicant: BROWN ience only, all roads, -streets and high­ Oklahoma, Iowa, and Indiana (except/ FREIGHT LINE, INC., 122 Tredco Drive, ways connecting the above points and Chicago, HI., and points in Illinois and Post Office Box 8807, Nashville, Tenn. routes. Subject to the restrictions that Indiana in its commercial zone as defined 37211. Applicant’s representative: Walter no transportation shall be performed of by the Commission), with restriction. Harwood, 1822 Parkway Towers, Nash­ the following: (a) Used household goods Vendee is authorized to operate as a ville, Tenn. 37219. Certificate of public and personal effects not' packed in ac­ common carrier in Iowa, New York, convenience and necessity sought to cordance with the crated property re­ North Dakota, South Dakota, Nebraska, operate a freight service as follows : Gen­ quirements set forth in Item No. 5 of Min­ Ohio, Michigan, Minnesota, Kansas, eral commodities, except those of un­ imum Rate Tariff No. 4-B. (b) Automo­ Missouri, Arkansas, Wisconsin, and usual value, classes A and B explosives, biles, trucks and buses, viz: new and Pennsylvania. Application has not been household goods as defined by the Com­ used, finished or unfinished passenger filed for temporary authority under sec­ mission, commodities in bulk, and those automobiles (including jeeps), ambu­ tion 210a(b). requiring special equipment, between lances, hearses, and taxis; freight auto­ No. MC-F-10731. Authority sought for Nashville and Manchester, Tenn., via mobiles, automobile chassis, trucks, truck purchase by YELLOW FREIGHT SYS­ U.S. Highway 41 and Interstate Highway chassis, truck trailers, trucks and trail­ TEM, INC., 92d Street at State Line 65, serving no intermediate points, for ers combined, buses and bus chassis, (c) Road, Kansas City, Mo. 64114, of the operating convenience only. Both intra­ Livestock, viz: bucks, bulls, calves, cattle, operating rights of AMERICAN CART­ state and interstate authority sought. cows, dairy cattle, ewes, goats, hogs, AGE COMPANY, 2702 South Maple, HEARING: Wednesday, March 4, 1970, horses, kids, lambs, oxen, pigs, sheep, Fresno, Calif. 93725, and for acquisition at 9:30 a.m., at the Commission’s Court sheep camp outfits, sows, steers, stags, by GEORGE E. POWELL, 801 West 64th Room, C-l Cordell Hull Building, Nash­ or swine, (d) Commodities requiring the Terrace, Kansas City, Mo., GEORGE E. ville, Tenn. Requests for procedural use of special refrigeration or tempera­ POWELL, JR., 1040 West 57th Street, information, including the time for filing ture control in specially designed and Kansas City, Mo., and LESTER H. protests concerning this application constructed refrigerator equipment, (e) BRICKMAN, 6419 Belinder, Shawnee should be addressed to the Tennessee Liquids, compressed gases, commodities Mission, Kans., of control of such rights Public Service Commission, COrdell Hull in semiplastic form and commodities in through the purchase. Applicants’ at­ Building, Nashville, Tenn. 37219, and suspension in liquids in bulk, in tank torneys : Richard K. Andrews, 1500 Com­ should not be directed to the Interstate trucks, tank trailers, tank semitrailers or merce Trust Building, Kansas City, Mo. Commerce Commission. a combination of such highway vehicles, 64106, David Axelrod, 39 South La Salle State Docket No. A 51541, filed De­ (f) Commodities when transported in Street, Chicago, HI. 60603, and Martin J. cember 9, 1969. Applicant: J. D. DRAY- bulk in dump trucks or in hopper-type Rosen, 140 Montgomery Street, San AGE CO., 320 De Haro Street, San Fran­ trucks, (g) Commodities when trans­ Francisco, Calif. 94104. Operating rights cisco, Calif. 94103. Applicant’s represent­ ported in motor vehicles equipped for sought to be transferred: Under a cer­ ative: Marquam C. George,'401 South mechanical mixing in transit. Both in­ tificate of registration, in Docket No. Hartz Avenue, Danville, Calif. 94526. trastate and interstate authority sought. MC-120642 Sub-1, covering the trans­ Certificate of public convenience and HEARING: Not yet assigned. Re­ portation of general commodities, as a necessity sought to operate a freight quests for procedural information, in­ common carrier, in intrastate commerce service as follows: Transportation of cluding the time for filing protests con­ within the State of California. Vendee is General commodities (a) Between San cerning this application, should be authorized to operate as a common car­ Francisco and San José and all points addressed to the California Public Util­ rier in Kansas, Oklahoma, Missouri, intermediate thereto, and between said ities Commission, State Building, Civic Texas, Indiana, Michigan, Hlinois, Ohio, intermediate points via Ü.S. Highway Center, 455 Golden Gate Avenue, San and Kentucky. Application has not been 101, State Highway 82 and Interstate Francisco, Calif. 94102, and should not filed for temporary authority under sec­ Highway 280, (b) Between San Jose and be directed to the Interstate Commerce tion 210a(b). N ote: No. MC-112713 Sub- Los Gatos and all points intermediate Commission. 120 is a matter directly related. thereto, and between said intermediate By the Commission. By the Commission. points via State Highway 17. (c) Be­ [seal] H. N eil Garson, [seal] H. N eil Garson, tween Los Gatos and Sunnyvale and all Secretary. Secretary. points intermediate thereto, and between said intermediate points via State High­ [F.R. Doc. 70-1048; Filed, Jan. 27, 1970; [F.R. Doc. 70-1051; Filed, Jan. 27, 1970; ways 9 and 85. (d) Between San Jose and 8:47 a.m.] 8:47 a.m.] "Oakland and all points intermediate NOTICE OF FILING OF MOTOR thereto, and between said intermediate [Notice 12] points via State Highway 17, State High­ CARRIER INTRASTATE APPLICATIONS way 238, Interstate Highway 580 and MOTOR CARRIER TEMPORARY J anuary 23, 1970. U.S. Highway 50. (e) Between San Fran­ AUTHORITY APPLICATIONS The following applications for motor cisco and Vallejo and all points inter­ . January 22, 1970. common carrier authority to operate in mediate thereto, and between said in­ termediate points via Interstate Hfighway The following are notices of <>* intrastate commerce seek concurrent applications for temporary authority motor carrier authorization in interstate 80. (f) Between Vallejo and Fremont and

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 NOTICES 1139 under section 210a(a) of the Interstate tests to: Chas. C. Biggers, District Super­ U.S. Highway 80 (also over Interstate Commerce Act provided for under the visor, Interstate Commerce Commission, Highway 20) to junction combined In­ new rules of Ex Parte No. MC-67 (49 Bureau of Operations, 332 Federal terstate Highway 20 and 59, thence over CFR, Part 1131), published in the F ed­ Building, Davenport, Iowa 52801. combined Interstate Highway 20 and 59 eral R egister, issue of April 27, 1965, No. MC 64600 (Sub-No. 39 TA), filed (also U.S. Highway 11) to Birmingham, effective July 1,1965. These rules provide January 8, 1970. Applicant: WILSON and return over the same route, serving that protests to the granting of an appli­ TRUCKING CORPORATION, Post all intermediate points and the off-route cation must be filed with the field official Office Box 1067, Waynesboro, Va. 22980. points of Raymond, Miss., and Adams- named in the F ederal R egister publica­ Applicant’s representative: Harry J. Jor­ ville, Mulga, Westfield, Woodward, Bes­ tion, within 15 calendar days after the dan, 1000 16th Street NW., Washington, semer, Shannon, Ishkooda, Vesta via date of notice of the filing of the appli­ D. C. 20036.'Authority sought to operate Hills, Irondale, Alton, Tarrant City, Wat­ cation is published in the F ederal R eg­ as a common carrier, by motor vehicle, son, Leeds, Brookside, Oxmoor, Docena, ister. One copy of such protests must over regular routes, transporting: Gén­ Edgewater, Dolomite, Fairfield, Brighton, be served on the applicant, or its author­ éral commodities, except those of unusual Smythe, Spaulding, Homewood, Overton, ized representative, if any, and the pro­ value, classes A and B explosives, house­ Center Point, Fultondale, TrusSville, Pin­ tests must certify that such service has hold goods as defined by the Commission, son, Wenonah, Pelham, Bay View, Pleas­ been made. The protests must be specific commodities in bulk, and those requiring ant Grove, Hueytown, Midfield, Lipscomb as to the service which such protestant special equipment, serving Lake Monti- Redding, Magella, Mountain Brook, can and will offer, and must consist of cello, Va., as an off-route point in con­ Weems, Sayreton, Argo, Gardendale, a signed original and six copies. nection with applicant’s regular-route Huffman, located within 15 miles of A copy of the application is on file, and authority between Richmand, Va., and Birmingham, Ala., for 180 days. N ote: can be examined at the Office of the Sec­ Charlottesville, Va„ between Charlottes­ Applicant intends to tack MC 97130, at retary, Interstate Commerce Commis­ ville, Va., and Lake Monticello, Va., over Jackson and Birmingham, Ala. Support­ sion, Washington, D.C., and also in field Virginia Highway 53, for 180 days. N ote: ing shippers: There are approximately office to which protests are to be Applicant states that it intends to tack 50 statements of support attached to the transmitted. authority sought with that held in Sub application, which may be examined Motor Carriers of P roperty No. 26. Supporting shipper: Faulconer here at the Interstate Commerce Com­ Construction Co., Inc., National Bank mission in Washington, D.C., or copies No. MC 25798 (Sub-No. 206 TA), filed Building, Charlottesville, Va., Send pro­ thereof which may be examined at the January 6, 1970. Applicant: CLAY tests to : Clatin M. Harmon, District Su­ field office named below. Send protests HYDER TRUCKING LINES, INC., 502 pervisor, Interstate Commerce Commis­ to: Alan C. Tarrant, District Supervisor, East Bridgers Avenue, Aubumdale, Fla. sion, Bureau of Operations, 215 Campbell Interstate Commerce Commission, Bu­ 33823. Applicant’s representative: Tony Avenue SW., Roanoke, Va. 24011. reau of Operations, Room 212, 145 East G. Russell (same address as above). No. MC 76032 (Sub-No. 250 TA), filed Authority sought to operate as a com­ Amite Building, Jackson, Miss. 39201. mon carrier, by motor vehicle, over irreg­ January 6, 1970. Applicant: NAVAJO No. MC 105045 (Sub-No. 22 TA), filed ular routes, transporting: Meats, meat FREIGHT LINES, INC., 1205 South January 5, 1970. Applicant: R. L. JEF­ products, meat byproducts, dairy prod­ Platte River Drive, Denver, Colo. 80223. FRIES TRUCKING CO., INC., 1020 ucts and articles distributed by meat Applicant’s representative: William E. Pennsylvania Street, Evansville, Ind. packinghouses, as described in sections Kenworthy (same address as above). Au­ 47701. Applicant’s representative: Clyde A, B, and C of appendix I to the report thority sought to operate as a common R. Jeffries (same address as'above). Au­ in Description in Motor Carrier Certifi­ carrier,, by motor vehicle, over regular thority sought to operate as a common cates 61 M.C.C. 209 and 766 (except com­ routes, transporting: General commodi­ carrier, by motor vehicle, over irregular modities in bulk), from Sioux Falls and ties, except those of unusual value, routes, transporting: Aluminum and Madison, S. Dak., to points in Georgia, classes A and B explosives, household aluminum products (which because of Florida, North Carolina, South Carolina, goods as defined by the Commission, size and weight require the use of special and Tennessee, for 180 days. Supporting commodities in bulk, and those requiring equipment), from Harvey Aluminum shipper: John Morrell & Co., 1400 North special equipment, between Salina, plantsite, Hancock County, Ky.; Minne- Weber Avenue, Sioux Falls, S. Dak. Kans., and Hutchinson, Kans., as an apolis-St. Paul, Minn., commercial zone 57103. Send protests to: District Super­ alternate route for operating conven­ including the right to perform partial visor Joseph B. Teichert, Interstate ience only, from Salina over U.S. High­ dropoffs in Burlington, La Crosse, and Commerce Commission, Bureau of Oper­ way 81 to McPherson, Kans., thence Milwaukee, Wis., and Forest City and ations, Room 1226, 51 Southwest First over Kansas Highway 61 to Hutchinson, Des Moines, Iowa, for 180 days. N ote: Avenue, Miami, Fla. 33130. and return over the same route, serving Applicant states that it presently has No. MC 30844 (Sub-No. 308 TA), filed Salina for purposes of joinder only, for authority in both Iowa and Wisconsin January 6,>1970. Applicant: KROBLIN 180 days. N ote: Applicant states it does from Hancock County, Ky., and would REFRIGERATED XPRESS, INC., 2125 intend to tack the authority with MC like to have this information published Commercial Street, Waterloo, Iowa 76032 at Salina and with MC 76032 Sub in the F ederal R egister in order that 50704. Applicant’s representative: Paul 126 at Hutchinson. Supporting shipper: Protestants may know that no new au­ Rhodes, 2125 Commercial Street, Water­ Paul Booth, Director of Safety and Per­ thority is being sought to those two loo, Iowa 50704. Authority sought to op­ sonnel, Navajo Freight -Lines, Inc., 1205 States. Supporting shipper: Harvey Alu­ erate as a common carrier, by motor ve­ South Platte River Drive, Denver, Colo. minum, Inc., 19200 South Western Ave­ hicle, over irregular routes, transporting: 80223. Send protests to: District Super­ nue, Torrance, Calif. 90509. Send protests Meats, meat products, and meat byprod­ visor C. W. Buckner, Interstate Com­ to: James W. Habermehl, District Super­ ucts, and articles distributed by meat merce Commission, Bureau of Opera­ visor, Interstate Commerce Commission, packinghouses as described in sections A tions, 2022 Federal Building, Denver, Bureau of Operations, 802 Century Build­ and C of appendix I to the report in De­ Colo. 80202. ing, 36 South Pennsylvania Street, scriptions in Motor Carrier Certificates, No. M C ^ IO (Sub-No. 7 TA), filed Indianapolis, Ind. 46204. M.C.C. 209 and 766 (except com­ January 5, 1970. Applicant: BELL No. MC 112822 (Sub-No. 145 TA), filed modities in bulk, in tank vehicles, and TRANSFER COMPANY, INC., Third January 7, 1970. Applicant: BRAY hides), from St. Paul, Minn., to points in Avenue and Railroad Street, Meridian, LINES INCORPORATED, 1401 North Connecticut, Delaware, District of Co­ Miss. 39301. Applicant’s representative: Little, Cushing, Okla. 74023. Applicant’s lumbia, Maine, Maryland, Massachu­ E. Grady Jolly, Jr., Post Office Box 2366, representative: Edward T. Lyons, Jr., 420 setts, New Hampshire, New Jersey, New Jackson, Miss. 39205. Authority sought Denver Club Building, Denver, Colo. York, Pennsylvania, Rhode Island, and to operate as a common carrier, by motor 80202. Authority sought to operate as a Vermont, for 180 days. Supporting ship­ vehicle, over regular routes, transport­ common carrier, by motor vehicle, over per: Armour & Co., Chicago, 111. (A. ing : General commodities, except in tank irregular routes, transporting: Sugar, (1) Chute, Manager, Transportation Distri­ vehicles, between Vicksburg, Miss., and from Denver, Colo., to points in Arkansas, bution, Service Department). Send pro­ Birmingham, Ala., from Vicksburg over Kansas, Missouri, Texas, Oklahoma, and

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1140 NOTICES New Mexico, serving Denver for purposes No. MC 129636 (Sub-No. 2 TA), filed under section 2l0a(a) of the Interstate of interchange only; and (2) from Fort January 7, 1970. Applicant: SEQUOYAH Commerce Act provided for under the Morgan, Ovid, and Sterling, Colo., to TRANSPORTATION COMPANY, INC., new rules of Ex Parte No. MC-67 (49 points in Arkansas, Kansas, Missouri, 505 Northeast Seventh Street, Anadarko, CFR Part 1131), published in the F ederal Texas, Oklahoma and New Mexico, serv­ Okla. A p p lic a n t’s representative: R egister, issue of April 27,1965, effective ing Denver for purposes of interchange James H. Savage (same address as July 1, 1965. These rules provide that only, for 180 days. N ote: Applicant in­ above). Authority sought to operate as a protests to the granting of an application tends to interline traffic and interchange contract carrier, by motor vehicle, over must be filed with the field official named equipment under the requested tempo­ irregular routes, transporting: Supplies, in the F ederal R egister publication, rary authority at Denver, Colo., for the materials, and equipment used in the within 15 calendar days after the date through transportation of shipments of manufacture and production of carpet­ of notice of the filing of the application sugar originating at Eaton, Greeley, ing, carpet padding, yam, new furniture is published in the F ederal R egister. One Louveland, Longmont, Brighton, Johns­ and lamps, between points in Oklahoma; copy of such, protests must be served on town, Windsor, Sterling, Ovid, and Fort Houston, Tex.; and Wapato, Wash., on the applicant, or its authorized repre­ Morgan, Colo., and destined to points in the one hand, and, on the other, points sentative, if any, and the protests must Arkansas, Kansas, Missouri, Texas, Okla­ in the United States, except Alaska and certify that such service has been made. homa, and New Mexico. Applicant has Hawaii, for 180 days. Supporting ship­ The protests must be specific as to the been previously transporting this same per: Leon Carver, Sequoyah Industries, service which such protestant can and traffic over an interchange at Rocky Inc., 505 Northeast Seventh Street, will offer, and must consist of a signed Ford, Colo., from which point the appli­ Anadarko, Okla. Sendprotests to: C. L. original and six copies."" cant is presently authorized to transport Phillips, District Supervisor,. Interstate A copy of the application is on file, the traffic in question to the presently Commerce Commission, Bureau of Oper­ and can be examined at the Office of the involved destination States. The purpose ations, Room 240, Old Post Office Build­ Secretary, Interstate Commerce Commis­ of this application is to continue an ex­ ing, 215 Northwest Third, Oklahoma sion, Washington, D.C., and also in field isting operation by changing the inter­ City, Okla. 73102. office to which protests are to be change point from Rocky Ford, Colo., to transmitted. Motor Carrier of P assengers Denver, Colo., as well as to eliminate the M otor Carriers of P roperty interchange on shipments originating at No. MC 109312 (Sub-No. 39 TA), Fort Morgan, Ovid and Sterling, Colo., filed January 6, 1970. Applicant: DE ♦ No. MC 2962 (Sub-No. 40 TA), filed for 180 days. Supporting shipper: Rich­ CAMP BUS LINES, 30 Allwood Road, January 8, 1970. Applicant: A. & H. ard T. Mozinski, Assistant Traffic Man­ Clifton, N.J. 07014. Applicant’s represen­ TRUCK LINE, INC., 1111 East Louisiana ager, Great Western Sugar Co., 1530 16th tative: James Massoth, 1180 Raymond Street, Evansville, Ind. 47717. Applicant’s Street, Denver, Colo. Send protests to: Boulevard, Newark, N.J. 07102. Authority representative: Robert M. Kinker, 711 C. L. Phillips, District Supervisor, Inter­ sought to operate as a common carrier, McClure Building, Frankfort, Ky. 40601. state Commerce Commission, Bureau of by motor vehicle, over regular routes, Authority sought to operate as a common Operations, Room 240, Old Post Office transporting: Passengers and their bag­ carrier, by motor vehicle, over regular Building, 215 Northwest Third, Okla­ gage, in the same vehicle with passengers, routes, transporting: General commodi­ homa City, Okla. 73102. between Livingston, N.J., and Morris­ ties, except those of unusual value, town, N.J., from the site of the General classes A and B explosives, household No. MC 117568 (£ub-No. 4 TA), filed goods as defined by the Commission, January 8, 1970. Applicant: KEMPT Offices of the Foster Wheeler Corp., on TRUCK LINES, INC., Post Office Box South Orange Avenue in Livingston, N. J., commodities in bulk, commodities re­ 1047 Joplin, Mo. 64801. Authority sought over South Orange Avenue to Columbia quiring special equipment, and those in­ to operate as a contract carrier, by motor Turnpike, thence over Columbia Turn­ jurious or contaminating to other lading, vehicle, over irregular routes, transport­ pike to Columbia Road, thence over serving plantsites and facilities owned or Columbia Road to the junction of leased by Peabody Coal Co., in Hender­ ing: Nitro-carbo-nitrate, in bulk, in self­ son and Union Counties, Ky., as off- unloading equipment, from plant of Gulf Columbia Road and Morris Avenue in Morristown, N.J., return oyer the same route points in connection with carrier’s Oil Corp. near Hallowell, Kans., to Roger regular route operations, for 180 days. County Mine at or near Chelsea, Okla., route, serving the intermediate point of the site of the offices of the Allied N ote : Applicant states it intends to tack and Craig County Mine at or near Vinita, with MC 2962 and interline at all gate­ Okla., for 150 days. Supporting shipper: Chemical Corp., on Columbia Road in Morris Township, N.J., for 150 way points. Supporting shipper: Peabody Gulf Oil Co.—U.S., Dwight Building, Coal Co., 301 North Memorial Drive, St. Kansas City, Mo. 64105. Send protests to: days. N ote: Applicant states it pro­ Louis, Mo. 63102. Send protests to: James John V. Barry, District Supervisor, In­ poses to tack extension of route to W. Habermehl, District Supervisor, Inter­ terstate Commerce Commission, Bureau the present authority in order to pro­ state Commerce Commission, Bureau of of Operations, 1100 Federal Office Build­ vide direct service between New York, Operations, 802 Century Building, 36 ing, 911 Walnut Street, Kansas City, Mo. N.Y., and Allied Chemical Corp., in Morris Township, N.J. Supporting ship­ South Pennsylvania Street, Indianapolis, 64106. Ind. 46204. No. MC 125140 (Sub-No. 10 TA), filed per: Alfonso A. Cubias, 1151 Stratford No. MC 114273 (Sub-No. 56 TA), filed January 9,1970. Applicant: RICHARDB. Avenue, Bronx 72, N.Y., and 13 other passengers. Send protests to: District January 8, 1970. Applicant: CEDAR BRUNZLICK, Augusta, Wis. 54722. Ap­ Supervisor Joel Morrows, Bureau of Op­ RAPIDS STEEL TRANSPORTATION, plicant’s representative: A. R. Fowler, erations, Interstate Commerce Commis­ INC., 3930 16th Avenue SW., Post Office 2288 University Avenue, St. Paul, Minn. Box 68, Cedar Rapids, Iowa 52406. Appli­ 55114. Authority sought to operate as a sion, 970 Broad Street, Newark, N.J. cant’s representative: Robert E. Kon- contract carrier, by motor vehicle, over 07102. char, 315 Commerce Exchange Build­ irregular routes, transporting: Dairy By the Commission. ing, 2720 First Avenue NE., Cedar products, dairy by products, fruit juices [seal] H. N eil Garson, Rapids, Iowa 52402. Authority sought to and fruit drinks, from Rockford, 111., to Secretary. operate as a common carrier, by motor points in Illinois, Indiana, Iowa,-Missouri, vehicle, over irregular routes, transport­ Wisconsin, Minnesota, and points in that [F.R. Doc. 70-1052; Filed, ^an. 27, 1970; ing: Meats, meat products, meat by­ part of Michigan on and south x>f U.S. 8:47 a.m.] products, packinghouse products, as de­ Highway 10, for 180 days. Supporting fined in section A and C of appendix I shipper: Bowman Dairy Sales Co., 3600 [Notice 13] to the report in Descriptions in Motor North River Road, Franklin Park, HI. Carriers Certificates, 61 M.C.C. 209 and 60131. Send protests to: District Super­ MOTOR CARRIER TEMPORARY 766, from the plantsite and the facilities visor A. E. Rathert, Interstate Commerce AUTHORITY APPLICATIONS of Meats, Inc., at St. Cloud, Minn., to Commission, Bureau of Operations, 448 points in Connecticut-, Colorado, Dela­ Federal Building and U.S. Courthouse, January 23,1970. ware, District of Columbia,“ Illinois, 110 South Fourth Street, Minneapolis, The following are notices of filing of Indiana, Iowa, Kansas, Kentucky, Maine, Minn. 55401- applications for temporary authority Maryland, Massachusetts, Michigan,

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 NOTICES 1141 Minnesota, Missouri, Nebraska, New shipper: Will Ross, Inc., 4285 North Port 279, Ottumwa, Iowa 52501. Authority Hampshire, New Jersey, New York, Ohio, Washington Road, Milwaukee, Wis., sought to operate as a contract carrier, Pennsylvania, Rhode Island, South 53212 (J. J. Hanus, Corporate Traffic by motor vehicle, over irregular routes, Dakota, Vermont, Virginia, West Vir­ Manager). Send protests to: District transporting: .Corrugated plastic drain­ ginia, and Wisconsin, for 180 days. Sup­ Supervisor Lyle D. Heifer, Interstate age tubing, from Iowa City, Iowa, to porting shipper: Meats, Inc., 14th Street Commerce Commission, Bureau of points in Illinois, Kansas, Minnesota, and Third Avenue South, St. Cloud, Operations, 135 West Wells Street, Room Missouri, Nebraska, North Dakota, South Minn. 56301. Send protests to: Chas. C. 807, Milwaukee, Wis. 53203. Dakota, and Wisconsin, for 180 days. Biggers, District Supervisor, Interstate No. MC 134181 (Sub-No. 1 TA), filed Supporting shipper: Advanced Drainage Commerce Commission, Bureau of Oper­ January 8, 1970. Applicant: DOWN­ Systems, Inc., Post Office Box 912, Iowa ations, 332 Federal Building, Davenport, TOWN TRANSFER CO., 4206 North City, Iowa 52440. Send protests to: Chas. Iowa 52801. Maryland Street, Portland, Oreg. 97217. C. Biggers, District Supervisor, Interstate No. MC 116626 (Sub-No. 5 TA), filed Applicant’s representative: Thomas G. Commerce Commission, Bureau pf Op­ January 2, 1970. Applicant: C. W. Karter, 4410 Northeast Fremont, Port­ erations, 332 Federal Building, Fourth EANES, Route 1, Box 6, Gretna, Va. land, Oreg. 97213. Authority sought to and Perry Streets, Davenport, Iowa 24557. Authority sought to operate as a operate as a common carrier, by motor 52801. common carrier, by motor vehicle, over vehicle, over irregular routes, transport­ No. MC 134267 TA, filed January 12, irregular routes, transporting: Agricul­ ing: Household appliances, loose or on 1970. Applicant: GRAHAM TRUCKING tural implements and machinery, parts skids or mixed shipments of household CORP., Post Office Box 488, Morgan, and attachments, from points in Penn­ appliances, loose or on skids and house­ Utah 84050. Applicant’s representa­ sylvania to points in Virginia, for 180 hold appliances in boxes or crates; radio, tive: Harry D. Pugsley, 400 El Paso days. Supporting shippers: There are phonograph and television sets and Gas Building, Salt Lake City, Utah approximately (12) statements of sup­ related articles, loose; furniture, includ­ .84111. Authority sought to operate as a port attached to the application, which ing mattresses and box springs, wrapped contract carrier, by motor vehicle, over may be examined here at the Interstate or loose, between wholesale and, retail irregular routes, transporting: Plastic Commerce Commission in Washington, stores and warehouses in Multnomah, pipe and fittings, from Morgan, Utah, to D.C., or copies thereof which may be Clackamas, and Washington Counties, points in Washington, Oregon, Califor­ examined at the field office named below. Oreg., on the one hand, and on the other nia, Arizona, Nevada, Idaho, Montana, Send protests to: Clatin M. Harmon, Dis­ hand, retail purchasers, contractors and Wyoming, Colorado, New Mexico, Kan­ trict Supervisor, Interstate Commerce retail stores in Clark and Cowlitz Coun­ sas, Illinois, Indiana, Alabama, and Commission, Bureau of Operations, 215 ties, Wash., for 180 days. Supporting Louisiana; raw materials (polyethylene, Campbell Avenue SW., Roanoke, Va. shippers.: J. C. Penny Co., Inc., 1500 ABS, polystyrene, and PVC, plus fittings), 24011. Northeast Irving, Portland, Oreg. 97232; from points in Virginia, Illinois, Indiana, No. MC 117883 (Sub-No. 131 TA), filed King Size Sleep Center, 114 Southeast Louisiana, California, and Texas, to January 8, 1970. Applicant: SUBLER Western, Beaverton, Oreg. 97005; Gen­ Morgan, Utah, for 180 days. Supporting TRANSFER, INC., Post Office Box 62, 791 eral Electric Co., 14305 Southwest Milli­ shipper: Four D West, Inc., Post Office East Main Street, Versailles, Ohio 45380. kan Way, Beaverton, Oreg. 97005; Villa Box 488, Morgan, Utah 84050 (R. E. Applicant’s representative: Edward J. Mart Department Stores, 200 Southeast Woodrum, President). Send protests to: Subler (same address as above). Author­ Western Avenue, Beaverton, Oreg. John T. Vaughan, District Supervisor, ity sought to operate as a common car­ 97005; Smith’s Home Furnishings, Inc., Interstate Commerce Commission, Bu­ rier, by motor vehicle, over irregular 3016 Southeast Division, Portland, Oreg. reau of Operations, 6201 Federal Build­ routes, transporting: Meats, meat prod­ 97202. Send protests to: District Super­ ing, Salt Lake City, Utah 84111. ucts, and meat byproducts, and articles visor W. J. Huetig, Interstate Commerce No. MC 134268 TA, filed January 12, distributed by meat packinghouses, as de­ Commission, Bureau of Operations, 450 1970. Applicant: ROBERT B. McCLEL- fined in sections A and C of appendix I Multnomah Building, 120 Southwest LAN, JR., doing business as FLORIDA to the report in Descriptions in Motor Fourth Avenue, Portland, Oreg. 97204. CARPET TRANSPORT, 1106 Mount Carrier Certificates, 61 M.C.C. 209 and No. MC 134248 (Sub-No. 1 TA), filet] Vernon Drive, Orlando, Fla. 32803. Ap­ 766, except commodities in bulk, in tank January 12,1970. Applicant: FREEZONE plicant’s representative: Richard J. vehicles and except hides, from points in TRUCKING & TRANSPORTATION CO., Brooks, Post Office Box 1531, 313 North the Omaha, Nebr., and Council Bluffs, INC., 1234 Paterson Plank Road, Secau- Monroe Street, Tallahassee, Fla. Author­ Iowa, commercial zone to points in Ohio, cus, N.J. 07094. Applicant’s representa­ ity sought to operate as a common car­ Indiana, Michigan, Pennsylvania, New tive: Edward Bowes, 744 Broad Street, rier, by motor vehicle, over irregular York, New Jersey, Maine, Connecticut, Newark, N.J. 07102. Authority sought to routes, transporting: Carpets, rugs, and Rhode Island, Vermont, New Hampshire, operate as a contract carrier, by motor paddings for same and samples (except Massachusetts, Virginia, West Virginia, vehicle, over irregular routes, transport­ commodities in bulk, in tank vehicles, or Delaware, Maryland, and Washington, ing: Household gas and electrical appli­ which require special handling or equip­ D.C., for 180 days. Supporting shipper: ances and equipment therefor, between ment) , from points in hWitfield, Murray, Beefland International, Inc., 2700 23d the warehouse of Freezone Warehouse Gordon, Floyd, Fulton, DeKalb, Bartow, Avenue, Council Bluffs, Iowa 55501. Send Co., Inc., Secaucus, N.J., on the one hand, Chattooga, Walker, Dade, and Catoosa protests to: Emil P. Schwab, District and, on the other, points in Nassau and Counties, Ga., to points in Volusia, Supervisor, Interstate Commerce Com­ Westchester Counties, beyond the New Seminole, Orange, Osceola, and Brevard mission, Bureau of Operations, 5514-B York, N.Y., exempt zone as defined by Counties, Fla., for 180 days. Supporting Federal Building, 550 Main Street, Cin­ the Interstate Commerce Commission in shippers: There are approximately 11 cinnati, Ohio 45202. Ex Parte MC 37, and points in Rockland, statements of support attached to the No. MC 134167 (Sub-No. 1 TA), filed Orange, and Suffolk Counties, N.Y., for application, which may be examined here January 12, 1970. Applicant: MARY 150 days. Supporting shipper: Apollo Dis­ at the Interstate Commerce Commission AGNES DONAHUE, doing business as tributing Co., 10 Commerce Drive, Cran­ in Washington, D.C.,' or copies thereof DONAHUE TRUCKING CO., 12725 West ford, N.J. 07016. Send protests to: Dis­ which may be examined at the field of­ Stark Street, Butler, Wis. 53007. Ap­ trict Supervisor Walter J. Grossmann, fice named below. Send protests to: Dis­ plicant’s representative: Charles C. Bureau of Operations, Interstate Com­ trict Supervisor G. H. Fauss, Jr., Inter­ Hiken, 135 West Wells Street, Room 717, merce Commission, 970 Broad Street, state Commerce Commission, Bureau of Milwaukee, Wis. 53203. Authority sought Newark, N.J. 07102. Operations, Box 35008, 400 West Bay to operate as a common carrier, by motor No. MC 134264 (Sub- No. 1 TA), filed Street, Jacksonville, Fla. 32202. vehicle, over irregular routes, transport­ January 12, 1970. Applicant: OCKEN- By the Commission. ing : Hospital material and supplies, from FEL’s TRANSFER, INC., Post Office Box [seal] H. Neil Garson, Jackson, Wis., to Northfield, 111., and 3, Iowa City, Iowa 52240. Applicant’s rep­ Secretary. from Northfield, HI., to Jackson and Mil­ resentative: Kenneth F. Dudley, 901 [F.R. Doc. 70-1053; Filed, Jan. 27, 1970; waukee, Wis., for 150 days. Supporting South Madison Avenue, Post Office Box 8:47 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 19— WEDNESDAY, JANUARY 28, 1970 1142 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— JANUARY

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 January.

3 CFR Pager 7 CFR— Continued Page 7 CFR— Continued page P roclamations : P roposed R ules: Proposed R ules—Continued 3454 (see Proc. 3953)------141 56______775 1134______—______— 435 3458 (see Proc. 3953)------— 141 201______231 1136 ____ 435 3548 (see Proc. 3953)------141 724______985 1137 ______435 3815 (see Proc. 3953)------141 909__. ______628 1138 ______435 3952 ______— 41 910______387 3953 ______141 - 966 _. ____ 105, 435 8 CFR 1001 ______435 3954 ___ 875 43 K 214__ 581 3955 ______937 1002 . 234______581 1003- _____ 435,1017 238______581 Executive Orders: 1004- ____ 435,1017 May 16, 1911 (revoked in part 299______— 581 1005 . ______435336______1045 by PLO 4756)______227 1006 _ __ ^___ 435 11075 (see Proc. 3953)______141 1007 _ ____ 231,435 11248 (amended by EO 1011 ______4359 CFR 11504)____ 579 1012 . ______43576______-______164, 11504 ______— 579 1013 . .______435 165, 220, 354, 355, 414, 619, 620, 11505 _ 939 1015 . 4.QR 877, 878,1007,1045,1101 P residential D ocuments Other 1016- _— 435,1017 78______74, 75 T han Proclamations and Execu­ 1030 . _____ 435 203______s»______1047 tive Orders: 1032 . ______435 Determination of Dec. 30, 1033 . ______435 1969______=s------43 1034 . ______43510 CFR 1035 . ___ _ 435 P roposed R ules: 5 CFR 1036 . _____ 435 32______362 213______70, 219, 354, 381, 457, 527, 901 1040 . ______435 150______231 316______— 413 1041 . ___ _ 435 330 ______— ------413 1043 . _____ ;_ 435 12 CFR 332 ______414 1044 . ______435 550______— 165 1046 . ______: 435 201______-— ------527 890______:______I 753 1049 . ______435204______528 1050 . ______435 217______528, 878 1060 . ______435306______460 7 CFR 1061 . ______435308_____ 460 4 ______-______381 1062 . ______435328__X______- 460 17______592 1063 . ______435330 _ 460 26— 1______219 1064 . ______435 331 ______460 53 ___S------353 1065 . ______435335______385, 760 54 ______— 166 1068 . _____ 435 545______178, 800 55______166 1069 _____ 435 561______h ----- 179 56______166 1070 . ______435 563______800 70______166 1071 . ______435 564______179 210______281, 753 1073 ______435 569______620 215______—------281 1075 ______435 572______-__ 800 220______282 1076 ______435 640 ____ 415 225______—_____ 282 1078 ______435 301______382, 799 1079 ______435 P roposed R ules: 3191______283,1083 1090 ______435 217____ 990 401______166 1094 ______435 706______593 1096 ______435 722______5,168 1097 ______435 ia CFR 725______1083 1098 ______435 121______355 730______71, 353, 799 1099 ______435 P roposed R ules: 780______71 1101 i _____ 435 811 ______— - 598 1102 ______435 121______903 812 ______72 1103 ____ 231, 435 813 ______169 1104 ______435 14 CFR 814 ____«______172 1106 ______435 815 ______174 1108 ______435 Ch. f__------— ------Jj3® 850______177 1120 ___■•____ 435 23 ______303, 3o3) 1102 304 905______72, 1043 1121 435 p —______84, 907 _ 5, 178, 283, 527, 759, 900, 1007 1124. 435~ 1018, 1019 908 _„______457 1125 ______435 143-145, 305-307, 620-622, 760, 910______73, 384, 619, 1007, 1101 1126 ______435 941, 942,1048 912______385, 598 1127 ____.___ 435 1001______353 1128 ______435 Vg------~~~ ______801 1003______1044 1129 ______435 6i:::::::::::::::i— :: ------»4. » a 1005______219 1130 ______435 71______6» 1013______178 1131 ______435 101-103, 146, 307-310, 355, 356, 1016______1044 113£ à______435 622, 623, 803, 804, 942-944, 1102, 1040____ 900 1133 ______435 1103 FEDERAL REGISTER 1143 14 CFR— Continued Page 19 CFR Page 26 CFR— Continued Page 73______356, 460, 623 4 ______599, 805, 881 P roposed R ules : 75 ______»____ .1__6, 146 6______599 1------981 91______- ______304 12------531, 881 20------981 95______761 P roposed R ules: 25------981 97______147, 582, 945 4 ______767 121______84, 161, 304 5 ------767 28 CFR 127______10------310 767 0__------1049 135______161, 1102 18------767 225______— 162, 460 14------314 23 ______767 21------883 288______103 24 ___ 767 378______163, 461 25 ------361 29 CFR 378a______— ______163 Proposed R ules: 4____ 883 20 CFR 8------532 21______386 401______762 20— ------532, 626 25______386 404 ______763 26------532 33______386 405 ____ 76 40------—------532 37______15, 386 609______223 541------883 39______630 625______1______1009 694------461 43______386 727------1105 65______386 21 CFR 1500 ______221 71______105, 1501 ______10 106, 184, 322-324, 630-635, 812, 16______805 1502 ______10 813, 987-989,111-1,1112 19______530 1503 ______10 91_------324,386 27______882 1516------887 105------386 37___ 806 1606 ______421 121------324, 386, 1053, 1054 53______882 127------324, 1054 120------419, 530, 807, 882 P roposed R ules: 207 ------466 121______225, 419, 462, 530, 625, 1049 519------361 208 ------184, 540 128a___ 420 604------1020 214------184 135c______76 606------1020 295------184 148d______531 670------1020 298------540 148e______77 675------1020 148i______626 677 ------1020 15 CFR 320------1009 678 ------1020 373 ------1008 P roposed R ules: 689------1020 374 ------1008 3------362 30 CFR 376 ------624 17------902 377 ------624 31------1055 P roposed R ules: 379— ------1008 120______987 58...... 539 Proposed R ules: 7------1019 22 CFR 31 CFR 90------78 16 CFR 504______92 ------807 79 13------7-10, 93—------79 311, 416, 417, 971-974, 1103, 1104 24 CFR 316------702 15------418 5 ------332------284 848 501------75 203______77, 179, 284 341------223 500------224 Proposed R ules : 207______77, 179, 285 213______179, 285 243 776 32 CFR 252 363 220 ______77, 180, 285 253. 816 221 ------180, 286 1 ------46 423. 112 222______1=.______286 2 ------47 424. 326 231 ______287 3 ------*------54 501 435 232 _ 180, 287 7------62 234 _ 180, 288 12— ------66 17 CFR 235 ------180, 288 15------67 236 ------180, 288 16— ------67 150___ 880 237 ------289 200___ 18------69 941 241 ------19------180 69 210__ 313 242 ------289 270_____::::::: 24------70 313 807___------28926------70 Proposed R ules: 1000______180, 289 49------807 249. 777 1100------______180, 289 63------808 P roposed R ules: 818a------888 18__CFR 1710------812 881------1049 2___ 1104 101___ ~ 879 25 CFR 32A CFR 141___ 879 157___ 221______880 Ch. X (OIA): 461 Reg. 1__------13, 163 201_ 256------532 260__ 879 ____ 879 33 CFR 701 529 26 CFR Proposed R ules: 110------809 250_ 13------626, 889 117------462, 532 468 46—— ------206------1009 463 260___ 903 703_ 47------1009208------463 545 143------763 209------79 No. 19-— 9 1144 FEDERAL REGISTER 36 CFR Page 42 CFR pa®e 47 CFR Paee 7______45 2______1050 2______357 31 ______422 57______182 2 1 ______— ------424 500______889 78______889 _73!______533, 810, 1106 81______765 81______1050 P roposed R ules: 201______1______317 83______1050 105 206______317 87______1107 P roposed R ules: 97______1107 78______362 P roposed R ules: 38 CFR 81__ 630 224,385 2___ 468, 543 2______73______544, 776 3______463 43 CFR 181 74— ______543, 815 36______Public Land Orders : 81______902 1545 (revoked in part by PLO 89______468 39 CFR 4754)______— 226 91______468 1867 (revoked in part by PLO 93______— 468 Ch. I ______975 4758)______227 112______- ______599 3529 (revoked in p a rt by PLO 125______975 4761)______533 49 CFR 132 ______1013 4582 (modified by PLO 4760) _ 424 133 ______- ______1013 4753 ______— ______- — 317 173______1108 134 ______1013 4754 ______226 177______1108 135 _.______599,1014 4755 ___ i______226 191— _____ 317 137— ______1014 4756 ______— 227 371______431, 1110 138______1014 4757 ____ 227 1033____ _L.______¿_____ 45, 894, 895 153 ______1014 4758 ______227 154 ______;------599 4759 ______227 1048______600 171___ 599 4760 ______424 1056_____ 537 4761 ___ — ______533 1307_^____ 183 Appendix B______1016 41 CFR 45 CFR P roposed R ules: 5-19____ _ 356 14______1108 5A-2 — __ 1014 102 ______256, 600 190____ 325 5A-7 — . 810 103 ______256 192______1112 5A-73 __ 810 104 ______256 371— ______106 9-4______764 105 ______256 375______- 813 14-1______225 106 ______r ______256 393______1020 14-2______289 111______!_____ 256 Ch. X______231 14-3______226 177______13 14-7______226 220_ ____ \______315, 465 1048______816 14-10___ __ 290 233______627 1201______545 14-18___ __ 356 531______:______82 14-30___ 226 1042______82, 83 50 CFR 14H-1 533 1050______—______83 50-204— 1015 28___ 164, 101-26— 181 321, 463, 464, 601, 895, 896, 1016, 101-35— 81 46 CFR 114-38— — 290 66 _ 1104 1110 114-44— 292 67______:______1104 32______228 114-45— 292, 294 68 ______1104 33______431, 537, 896-899, 1051 114-46__ 295 Proposed R ules: 240______228 114-47. 295, 298, 300 536______902 250______1______1052

United States Government Organization

1969-70

X A United States Government Organization

H H A M l I A I 0FFJCE -OF .THE FEDERU^BEGISTE* | ■ * ” ” — | “ ■ National Archives and Records Seryice ^ ^ government 1969- 70. general Services Adminisfraffon.^ Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, 16/ /<0F . organization, and functions of the agencies in the legislative, vu<*w x judicial, and executive branches. t. This handbook is an indispensable reference tool for teachers, ^.YX^.—'/ s Z w y y «fca>*v*a^W y d^r^ jawd « ^ «¿Tn/.* Order from Superintendent of Documents, - T -rr-1 y^.-"-^-—-***&£■ ■ . Aei^MiU ^ ¿-**>¿++****4.: _ ^wU&w« *r.p> *+*"i~* U.S. Government Printing Office, C5***4 JR*+M'*ArJ'jZi4 ajLw/tl^g ¿^Le^'yr,**^* ^ Washington, D.C. 20402.