FEDERAL REGISTER V O L U M E 36 N UM BER 78 Thursday, April 22, 1971 Washington, D.C, Pages 7575-7641

Agencies in this issue— The President Agricultural Research Service Agricultural Stabilization and Conservation Service Atomic Energy Commission Coast Guard Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Reserve System Fish and Wildlife Service ^ Food and Drug Administration Food and Nutrition Service Forest Service Interior Department Internal Revenue Service Interstate Commerce Commission Labor Department Land Management Bureau Marihuana and Drug Abuse Commission National Transportation Safety Board Packers and Stockyards Administration Post Office Department Reclamation Bureau Securities and Exchange Commission Small Business Administration Treasury Department Veterans Administration Detailed list o f Contents appears inside. 30-year Reference Volumes Consolidated Indexes and Tables

Presidential Proclamations and Executive Orders

Consolidated subject indexes and tabular finding aids to Presidential proclamations. Executive orders, and certain other Presidential documents promulgated during a 30-year period (1936—1965) are now available in two separately bound volumes, published under Title 3 of the Code of Federal Regulations, priced as follows:

Title 3, 1936—1965 Consolidated Indexes______$3. 50 Title 3, 1936-1965 Consolidated Tables______$5. 25

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

r m m M l r i r ,tf',IC ,rr i " ,0 Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, ■ ■III tl/%1 III III I ill on the day after an official Federal holiday), by the Office of the Federal Register, Nati * Archives and Records Service, General Services Administration, Washington, D.C. 2 ’ Area Code 202 Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, &P proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing o Washington, D.C. 20402. - movable in The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, pay»« ^ advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit chec money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. sUant The regulatory material appearing herein is keyed to the C ode o p F ederal R e g u l a t io n s , which is published, under 50 titles, pur ^ to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The C ode o p F ederal R e g u l a t io n s is sold by the Superinte of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the C ode o f F ederal R egulatio Contents

CONSUMER AND MARKETING Oahu Railway and Terminal THE PRESIDENT Warehouse Co., Ltd.; order of SERVICE investigation and suspension_ 7622 PROCLAMATION Rules and Regulations Matson Navigation Co. et al.; or­ Senior Citizens Month, 1971------7579 der to show cause regarding pur­ Grapefruit;, import* regulations_ 7597 chase of ships______. 7621 Handling limitations: Transamerican Trailer Transport, EXECUTIVE AGENCIES Navel oranges grown in Arizona Inc.; order of investigation and and designated part of Cali­ suspension______7622 AGRICULTURAL RESEARCH fornia ______7596 SERVICE Valencia oranges grown in Ari­ FEDERAL RESERVE SYSTEM zona and designated part of Rules and Regulations California ______7596 Notices Hog cholera and other commu­ Applications for approval of acqui­ nicable swine diseases; areas FEDERAL AVIATION sition of shares of bank: quarantined ______1— - 7581 ADMINISTRATION First Sebanco, In c.______-___ 7623 Mid-Ohio Banc-Shares, Inc___ 7622 AGRICULTURAL STABILIZATION Rules and Regulations Security Financial Services, Inc. 7623 AND CONSERVATION SERVICE Airworthiness directives; Cessena airplanes (2 documents)__ 7581, 7582 FISH AND WILDLIFE SERVICE Rules and Regulations Standard instrument approach Notices Burley tobacco: p r o c e d u r e s ; miscellaneous Establishment of 1971 poundage Kenai National Moose Range; amendments__ :______-____ 7582 public hearing regarding wilder­ . quotas______7594 Transition area; designation.----- 7582 Proclamations, determinations ness proposal______,______7613 and announcements of na­ Proposed Rule Making tional marketing quotas and Area high routes; proposed desig­ FOOD AND DRUG referendum results______7593 nation ______7604 ADMINISTRATION Notices Area low routes; withdrawal of Rules and Regulations proposed designation------7604 Burley tobacco; notice of refer­ Drugs for animals; topical-otic- endum ______7613 Notices ophthalmic ointment—______7583 Engineering and Manufacturing AGRICULTURE DEPARTMENT District Office, Oklahoma City, Notices See Agricultural Research Serv­ Okla.; notice of relocation------7616 Drugs for human use; drug efficacy ice; Agricultural Stabilization Runway perimeter lighting sys­ study implementations: and Conservation Service; Com­ tems; proposed selection------7615 Certain combination anticho­ modity Credit Corporation; linergic gastrointestinal drugs. 7614 • Consumer and Marketing Serv­ FEDERAL COMMUNICATIONS Folic acid preparations, correc­ ice; Food and Nutrition Serv­ COMMISSION tion ______7614 ice; Forest Service; Packers and Stockyards Administration. Rules and Regulations FOOD AND NUTRITION Certain television broadcast sta­ SERVICE ATOMIC ENERGY COMMISSION tions; table of assignments (2 Notices documents)______7589, 7590 Rules and Regulations Niagara Mohawk Power Corp. ; is­ Notices Use of funds: suance of amendment to provi­ National school lunch program. 7592 Common carrier services informa­ Special food service program for sional operating license______7616 tion; domestic public radio serv­ Public Service Electric & Gas Co.; children______7593 ices applications accepted for Special milk program for chil­ availability of draft detailed filing______7619 statement and request for com­ dren ------7593 Hearings, etc.: School breakfast and nonfood ments from State and local Bunker-Ramo Corp. and West­ agencies ______7616 assistance programs and State ern Union Telegraph Co____ 7617 administrative expenses___ _ 7593 Christian Voice of Central Ohio COAST GUARD and Delaware-Gahanna FM Proposed Rule Making Radio Broadcasting Station, Rules and Regulations National school lunch program; Elizabeth River, N.J.; drawbridge Inc .______7618 matching of funds______7603 operation regulations; correc- Non------...... 7587 FEDERAL MARITIME FOREST SERVICE Proposed Rule Making COMMISSION Rules and Regulations Dangerous cargoes containers; Notices Timber: correction______7604 Agreements filed: Disaster relief______7587 Blue Sea Line and Seaway Lines, Export restrictions______7587 COMMODITY CREDIT In c------7620 CORPORATION City of Port Huron and Port HEALTH, EDUCATION, AND Huron Terminal Co______7620 WELFARE DEPARTMENT Rules and Regulations Compagnie Maritime Belge et Export programs; financing of a l ------7620 See Food and Drug Administra­ tion. sales of agricultural commodi­ Thailand/U.S. Atlantic & Gulf ties ___ Conference______7621 (Continued on next page) 7577 7578 CONTENTS

INTERIOR DEPARTMENT LAND MANAGEMENT BUREAU SECURITIES AND EXCHANGE See also Pish and Wildlife Service; Notices COMMISSION Land Management Bureau; Associate Director; delegation of Reclamation Bureau. Notices authority______7613 Hearings, etc.: Rules and Regulations Idaho ; filing of plats of survey—— 7612 Nevada; filing of plats of survey Chase Manhattan Service Corp. Department hearings and appeals and First National Bank of procedures; correction______7588 and order providing for opening of lands______7612 South Carolina______7623 Notices Constellation Capital Fund, Auburn Rancheria, Calif, and in­ MARIHUANA AND DRUG In c ------7624 dividual members thereof; ter­ mination of Federal supervision ABUSE COMMISSION SMALL BUSINESS over property------7613 Notices ADMINISTRATION Testimony regarding marihuana; Notices INTERNAL REVENUE SERVICE notice of public hearings______7617 Rules and Regulations Circle K Investment Corp.; issu­ NATIONAL TRANSPORTATION ance of license to operate as a Statement of procedural rules; minority enterprise small busi- miscellaneous amendments___ 7584 SAFETY BOARD ness investment company— __ 7625 Notices Notices Quaker City Investment Corp.; Grants of relief regarding fire­ Investigation of railroad accident license surrender------.------7624 arms; certain individuals (17 occurring near Collinsville, Regional Director et al.; delegation documents)______7607-7611 Okla.; notice of hearing______7616 of authority to conduct program activities in the field offices___ 7625 INTERSTATE COMMERCE PACKERS AND STOCKYARDS TRANSPORTATION DEPARTMENT COMMISSION ADMINISTRATION See Coast Guard; Federal Avia­ Notices Notices tion Administration; National Fourth section application for Skaggs Ranch Sales Arena et al.; Transportation Safety Board. relief______— 7638 changes in names of posted Motor carrier, broker, water car­ stockyards______7614 TREASURY DEPARTMENT rier and freight forwarder ap­ See also Internal Revenue Service. plications ------7626 POST OFFICE DEPARTMENT Notices LABOR DEPARTMENT Proposed Rule Making Clear sheet glass from Taiwan; Privately manufactured aero­ determination o f . sales at less Notices grammes; new format------7603 than fair value------7612 Certification of eligibility of work­ ers to apply for adjustment RECLAMATION BUREAU VETERANS ADMINISTRATION assistance : Arista Mills Co------7625 Rules and Regulations Rules and Regulations Jodi Shoe Co., et al_------7625 Hearings and appeals procedures; Adjudication; automobiles or Wurlitzer Co______7626 correction______— 7589 other conveyances______7588

List of CFR Parts Affected

The following numerical guide is a list of the parts of each tide of the Code of Federal Regulations affected by docum ents p u b l i s h e d in today's issue. A cumulative list of parts affected, covering the current month to date, appears following the Notices section of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1971, and specifies how they are affected.

3 CFR 14 CFR 38 CFR 3 ____ 7588 P roclamation 39 (2 documents)______7581, 7582 4048______7579 71____ 7582 97______7582 39 CFR P roposed R ules: 7 CFR P roposed R ules: 210______7592 71______!_____- ______7604 41______7603 2 1 5 -______7593 75______7604 220______7593 21 CFR 43 CFR 225______7593 4 7588 724 (2 docum ents)______7593, 7594 135a______— 7583 907— ______— ______7596 230_____ 7589 908_____ 7596 26 CFR 944______7597 601—______7584 46 CFR 14 8 8-______7597 Proposed R ules: P roposed R ules: 33 CFR 146______7604 210_____ 7603 117_____ 7587 9 CFR 36 CFR 47 CFR 76—...... 7581 221 (2 documents) ______— 7587 73 (2 documents)______7589,7590 Presidential Documents

Title 3—The President PROCLAMATION 4048 Senior Citizens Month, 1971 By the President of the United States of America

A Proclamation

From its beginnings, the American Nation has been dedicated to the constant pursuit of better tomorrows. Yet, for many of our 20 million older Americans the “ tomorrows” that arrive with their later years have not been better. Rather than days of reward, happiness, and opportunity, they have too often been days of disappointment, loneliness, and anxiety. It is imperative that this situation be changed. Some of the problems of older Americans have their roots in economic causes. For example, the incidence of poverty is more than twice as great among older Americans as among those under 65. This is especially tragic because many of these people did not become poor until they reached their later years. Moreover, the economic gap between the age groups has been accompanied in recent years by a growing sense of social and psychological separation, so that too often our older citizens are regarded as an unwanted generation. ' The generation of Americans over 65 have lived through a particu­ larly challenging time in world history. The fact that our country has come through the first two-thirds of the twentieth century as a strong and growing Nation is the direct result of their devotion and their resourcefulness. We owe them a great deal— not only for what they have done in the past but also for what they are continuing to do today. Perhaps the greatest error which younger Americans make in dealing with the elderly is to underestimate the energy and skill which they can still contribute to their country. During the last year, several hundred thousand older people wrote to officials of the Federal Government and told us in their own words— some sad, some hopeful— about what they need and what they desire. We learned once again that what they seek most of all is a continuing role in shaping the destiny of their society. We must find new ways for helping them play such a role— an undertaking which will require a basic change in the attitudes of many Americans who are not yet elderly. As a part of our effort to achieve such changes, our Nation each year observes the month of May as Senior Citizens Month. This is a time when we make a special effort to thank our older citizens for all they have con­ tributed to America’s progress. It is also a time for asking with special

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 THE PRESIDENT force whether they are now sharing in that progress as fully as they deserve and desire and for renewing our efforts to help them live proud and fulfilling lives. Senior Citizens Month, 1971, will be a particularly important time for such endeavors, for this is the year of the White House Conference on Aging. The Governor of every State has issued a call for a State Con­ ference on Aging to be held during May. From these State conferences will come policy recommendations which will be submitted to the White House Conference in Washington next November. I know that the work of these State conferences during Senior Citizens Month— like the work of the White House Conference next autumn— will be undertaken with a high sense of discipline, commitment, and imagination. The Nation owes no less to those who have given so much to its development. NOW , THEREFORE, I, RICH ARD N IXON, President of the United States of America, do hereby designate May, 1971, as Senior Citizens Month. The theme for this month will be Toward a National Policy on Aging. I am deeply grateful to the Governors for their concern and partici­ pation in this observance. I urge officials of government at all levels— national, State, and local— and of voluntary organizations and private groups to give special attention to the problems of older Americans during this period. I also call upon individual citizens of all ages to take full advantage of this opportunity to share in designing a better future— for those who are now numbered among our older citizens and for all who will be among that number someday. IN WITNESS WHEREOF, I have hereunto set my hand this twen­ tieth day of April, in the year of our Lord nineteen hundred seventy-one, and of the Independence of the United States of America the one hundred ninety-fifth.

[FR Doc.71-5700 Filed 4-20-71 ;4:56 pm]

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7581

Rules and Regulations

1715 in Wayne Comity;' thence, follow­ Title 9— ANIMALS AND ing Secondary Road 1715 in a northwest­ Title 14— AERONAUTICS AND erly direction to Secondary Road 1718; thence, following Secondary Road 1718 SPACE ANIMAL PRODUCTS in a southwesterly direction to Secondary Chapter I— Agricultural Research Road 1717; thence, following Secondary Chapter I— Federal Aviation Adminis­ Service, Department of Agriculture Road 1717 in a northwesterly direction tration, Department of Transportation to Secondary Road 1714; thence, follow­ [Docket No. 71-CE-5-AD; Arndt. 39-1193] SUBCHAPTER C— INTERSTATE TRANSPORTATION ing Secondary Road 1714 in a southwest­ OF ANIMALS AND POULTRY erly direction to Secondary Road 1719; PART 39— AIRWORTHINESS [Docket No. 71-545] thence, following Secondary Road 1719 DIRECTIVES PART 76— HOG CHOLERA AND in a northerly direction to Secondary Cessna Model 320 Series Airplanes OTHER COMMUNICABLE SWINE Road 1705; thence, following Secondary Road 1705 in a northeasterly direction There have been reports of electrical DISEASES to Secondary Road 1700; thence, follow­ failures and inflight engine nacelle fires Areas Quarantined ing Secondary Road 1700 in a northeast­ in the area between the canted bulk­ erly direction to U.S. Highway 13 in head and the firewall in the engines of Pursuant to provisions of the Act of Greene County; thence, following U.S. Cessna Model 320 series airplanes. In­ May 29, 1884, as amended, the Act of Highway 13 in a southeasterly direction vestigation of these incidents discloses February 2, 1903, as amended, the Act to Secondary Road 1140; thence, follow­ that these conditions are caused by of March 3, 1905,- as amended, the Act ing Secondary Road 1140 in a northeast­ nacelle heat deteriorating insulation on of September 6, 1961, and the Act of erly direction to Secondary Road 1149; the electrical wiring in the engine July 2,1962 (21 U.S.C. 111-113,114g, 115, thence, following Secondary Road 1149 nacelles. This deterioration along with 117, 120, 121, 123-126, 134b, 134f), Part in a generally southeasterly direction to engine vibration causes the nacelle elec­ 76, Title 9, Code of Federal Regulations, its junction with Secondary Road 1002 trical wiring to short resulting in the restricting the interstate movement of in Greene County. aforementioned fires. Since these condi­ swine and certain products because of (Secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, tions are likely to exist or develop in hog cholera and other communicable 32 Stat. 791-792, as amended, secs. 1-4, 33 other airplanes of the same type design, swine diseases, is hereby amended in the Stat. 1264, 1265, as amended, sec. 1 , 75 Stat. an Airworthiness Directive is being following respects : 481, secs. 3 and 11, 76 Stat. 130, 132; 21 U.S.C. issued requiring repetitive visual inspec­ In § 76.2, in paragraph (e) (7) relating 111-113, 114g, 115, 117, 120, 121, 123-126, tions of the engine nacelle wiring and to the State of North Carolina, a new 134b, 134f; 29 F.R. 16210, as amended) the exhaust heat shield on Cessna Model subdivision (vi) relating to Greene, Effective date. The foregoing amend­ 320 series airplanes for evidence of Lenoir, and Wayne Counties is added to ment shall become effective upon deterioration or improper installation. If read: issuance. any of the inspections disclose such de­ (7) North Carolina. * * * The amendment quarantines portions terioration, the AD requires replacement (vi) The adjacent portions of Greene, of Greene, Lenoir, and Wayne Counties of .deteriorated parts prior to returning Lenoir and Wayne Counties bounded by in North Carolina because of the exist­ the airplane to service. The AD will a line beginning at the j miction of Sec­ ence of hog cholera. This action is further require the incorporation of the ondary Road 1149 and Secondary Road deemed necessary to prevent further modifications provided in Cessna Service 1002 in Greene County; thence, following spread of the disease. The restrictions Letter ME71-6, dated April 9, 1971, and Secondary Road 1002 in a southwesterly pertaining to the interstate movement Cessna Service Kit SK320-53 dated direction to Secondary Road 1124; of swine and swine products from or March 5, 1971. These modifications are thence, following Secondary Road 1124 through quarantined areas as contained to be accomplished no later than Janu­ in a southwesterly direction to Secondary in 9 CFR Part 76, as amended, will apply ary 1, 1972. These modifications pro­ Road 1120; thence, following Secondary to the quarantined portions of such vide new exhaust heat shields, improved Road 1120 in a westerly direction to Sec­ counties. protection for the electrical wiring and a method of cooling the critical area. ondary Road 1123; thence, following The amendment imposes certain fur­ Secondary Road 1123 in a southerly di­ ther restrictions necessary to prevent the Since immediate action is required in rection to Secondary Road 1534 in Lenoir interstate spread of hog cholera and the interest of safety, compliance with County; thence, following Secondary must be made effective immediately to the notice and public procedure provi­ Road 1534 in a southwesterly, direction to accomplish its purpose in the public sions of the Administrative Procedure Secondary Road 1001; thence, following interest. Accordingly, under the adminis­ Act is impractical and good cause exists Secondary Road 1001 in a southwesterly trative procedure provisions in 5 U.S.C. for making this amendment effective in direction to Secondary Road 1504; 553, it is found upon good cause that less than thirty (30) days. «hence, following Secondary Road 1504 notice and other public procedure with In consideration of the foregoing and p a southwesterly direction to Secondary respect to the amendment are imprac­ pursuant to the authority delegated to Road 1508; thence, following Secondary ticable and contrary to the public inter­ me by the Administrator (31 F.R. 13697), Road 1508 in a northwesterly direction est, and good cause is found for making § 39.13 of Part 39 of the Federal Aviation jo Secondary Road 1002; thence, follow­ it effective less than 30 days after publi­ Regulations is amended by adding the ing Secondary Road 1002 in a northerly cation in the Federal R egister. direction to Secondary Road 1506; following new AD. tnence, following Secondary Road 1506 Done at Washington, D.C., this 16th C e s s n a . Applies to all Model 320 series a westerly direction to Secondary day of April 1971. airplanes. F. J. M tjlhern, Compliance: Required as indicàted, unless r thence, following Secondary already accomplished. a ^ 02 *n a n° rthwesterly direction Acting Administrator, Agricultural Research Service. To prevent nacelle electrical failures and w«+T°ndary 1502 in a north­ inflight electrical fires, accomplish the westerly direction to Secondary Road [FR Doc.71-5593 Filed 4-21-71:8:47 am] following :

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7582 RULES AND REGULATIONS

(A) Within the next 50 hours’ time in installed in the exhaust system. This in­ [Airspace Docket No. 71-SO-7] service after the effective date of this AD, formation is contained in Cessna Service PART 71—-DESIGNATION OF FEDERAL and thereafter at intervals not to exceed Letter ME70-20, Supplement No. 1, dated 100 hours’ time in service from the date of April 9,1971. In addition, AD 70-11-2 did AIRWAYS, AREA LOW ROUTES the last inspection, visually inspect the CONTROLLED AIRSPACE, AND RE­ following: not allow any gas leakage at the joints (1) The insulating material of the elec­ which have the “V” band type clamp. PORTING POINTS trical wiring, grommet and clamps located in Excessive torquing of the clamp to stop the engine nacelles between the canted bulk­ exhaust leakage during the inspection Designation of Transition Area head and the firewall for charred, burnt or procedure causes stretching of the clamp On April 3, 1971, F.R. Doc. No. 71-4665 heat hardened conditions; outer band to the point where failure can was published in the Federal R egister (2) The heat shields located in the engine occur. Consequently, AD 70-11-2 will be (36 F.R. 6414), amending Part 71 of the nacelles between the canted bulkhead and amended to make the requirements of the Federal Aviation Regulations by desig­ the firewall for deterioration or improper Cessna Service Letter mandatory and to nating the Fayetteville, Tenn., transition installation and attachment that could con­ provide a note to caution mechanics area. tribute to excessive heat in this area. against excessive torquing of the clamp In the amendment, the effective date (B) If any of the conditions described in paragraph A are found during the required bolts. was published as June 24, 1971. Subse­ inspections, prior to further flight, except Since this amendment is in part relax - quently, it was determined that the navi­ that the airplane may be flown in accord­ atory in nature, provides clarification gation facility would be commissioned on ance with PAR 21.197 to a base where the and is in the interest of safety it imposes May 27, 1971. It is necessary to amend replacement can be performed, replace any no additional burden on any person. Con­ the F ederal R egister document to re­ defective parts with airworthy parts. The re­ sequently, it is found that notice and flect this change. Since this amendment placement of defective parts does not relieve public procedure hereon are impracti­ is editorial in nature, notice and public the requirement for the repeated inspections procedure hereon are unnecessary. specified in paragraph A. cable and good cause exists for making it (C) Upon request of the operator, an FAA effective in less than thirty (30) days. In consideration of the foregoing, effec­ maintenance inspector, subject to prior ap­ In consideration of the foregoing and tive immediately, F.R. Doc. No. 71-4665 proval of the Chief, Engineering and Manu­ pursuant to the authority delegated to is amended as follows: facturing Branch, FAA, Central Region, may me by the Administrator (31 FJR. 13697), “ * * * June 24,1971 * * *” is deleted adjust the repetitive inspection intervals § 39.13 of Part 39 of the Federal Aviation and “ * * * May 27, 1971 * * *” is sub­ specified in this AD to permit compliance at Regulations, Amendment 39-994 (35 F.R. stituted therefor. an established inspection period of the oper­ 8211), AD 70-11-2, is amended by ator if the request contains substantiating (Sec. 307 (a ), Federal Aviation Act of 1958, data to justify the increase for that operator. amending paragraphs B and C and add­ 49 U.S.C. 1348(a), sec. 6(c), Department of (D) On or before January 1, 1972 modify ing a Note following paragraph D which Transportation Act, 49 U.S.C. 1655(c)) read as follows: the engine nacelles in accordance with Issued in East Point, Ga., on April 12, Cessna Service Letter ME71—6, dated April 9, (B) Visually inspect the complete exhaust 1971. 1971, and Cessna Service Kit SK320-53, dated manifold, Joints and “V” band clamps for March 5, 1971, or any other method approved G ordon A. W illiams, Jr., cracks or breaks. Acting Director, Southern Region. by the Chief, Engineering and Manufactur­ (C) Test the complete exhaust manifold ing Branch, FAA, Central Region. and joints for leakage in accordance with [FR Doc.71-5588 Filed 4-21-71;8:47 am] (E) When the engine nacelles are modified the following procedures as outlined in in accordance with Cessna Service Letter Cessna Service Letter ME70-20, Supplement ME71-6, dated April 9, 1971, and Cessna Serv­ No. 1, dated April 9, 1971, or any other equiv­ [Docket No. 10992; Arndt. No. 753] ice Kit SK320-53, dated March ’5, 1971, the alent method approved by the Chief, Engi­ inspections required by Paragraph A will no neering and Manufacturing Branch, FAA, PART 97— STANDARD INSTRUMENT longer be required. Central Region: APPROACH PROCEDURES This amendment becomes effective (1) Plug either the waste gate overboard Miscellaneous Amendments April 23, 1971. tube or the turbine overboard tube with a rubber plug. This amendment to Part 97 of the (Secs. 313(a), 601 and 603, Federal Aviation (2) Attach the pressure side of an indus­ Federal Aviation Regulations incorpo­ Act of 1958, 49 U.S.C. 1354(a), 1421, and trial vacuum cleaner to the open overboard rates by reference therein changes and 1423, sec. 6 (c ), Department of Transportation tube using a rubber plug to affect a seal as Act, 49 U.S.C. 1655(c)) additions to the Standard Instrument required. Approach Procedures (SIAPs) that were Issued in Kansas City, Mo., on April 14, (3) With vacuum cleaner operating, check recently adopted by the Administrator to complete exhaust manifold and joints man­ 1971. promote safety at the airports concerned. Edward C. M arsh, ually by feel or by using a soap solution and watching for bubbles. The exhaust system The complete SIAPs for the changes Director, Central Region. must be free of air leaks, with the exception and additions covered by this amendment [FR Doc.71-5586 Filed 4r-21-71;8:46 am] of the waste-gate bearings, the ball joints at are described in FAA Forms 3139, 8260—3, the bellows assembly, the turbocharger and 8260-4, or 8260-5 and made a part of the bearing housing joint, and “V” band Joint public rule making dockets of the FAA m [Docket No. 70-CE-6-AD; Arndt. 39-1194] clamps, which will show some bubbling. accordance with the procedures set forth PART 39— AIRWORTHINESS N ote : Caution should be exercised to pre­ in Amendment No. 97-696 (35 F.R. 5609). vent over-torquing of the “V” band clamp at DIRECTIVES applicable locations. Condition of the clamp SIAPs are available for examination during each inspection required by this AD at the Rules Docket and at the National Certain Cessna Airplanes should be determined and torquing of the Flight Data Center, Federal Aviation Ad­ Amendment 39-994 published in the clamp bolt should be accomplished in accord­ ministration, 800 Independence Avenue ance with Cessna Service Letter ME70-20, F ederal R egister on May 26, 1970 (35 SW„ Washington,' DC 20590. Copies oi F.R. 8211), AD 70-11-2, applicable to Supplement No. 1, dated April 9, 1971. SIAPs adopted in a particular region are Cessna Model T310, 320, 401 and 402 This amendment becomes effective also available for examination at tn series airplanes, is an Airworthiness Di­ April 23,1971. headquarters of that region. Individua copies of SIAPs may be purchased from rective which requires repetitive visual (Secs. 313(a), 601 and 603, Federal Aviation inspections and testing for leakage of the the FAA Public Document Inspection Fa­ Act of 1958, 49 U.S.C. 1354(a), 1421, and cility, HQ-405, 800 Independence Ave­ engine exhaust system and replacement 1423, sec. 6(c), Department of Transporta­ of defective exhaust system components tion Act, 49 U.S.C. 1655(C) ) nue SW., Washington, DC 20590, or from where necessary on these series airplanes. the applicable FAA regional office to*®“ Subsequent to the issuance of Amend­ Issued in Kansas City, Mo., on April 14, cordance with the fee schedule prescrib ment 39-994, the manufacturer has de­ 1971. in 49 CFR 7.85. This fee is payable m D aniel E. B arrow, advance and may be paid by check, dra . veloped a more detailed inspection Acting Director, Central Region. procedure and instructions for torquing or postal money order payable to t the bolts on the “V” band type clamps [FR Doc.71-5587 Filed 4-21-71;8:47 am] Treasurer of the United States. A weew

FEDERAL REGISTER, V O L 36, NO. 78— THURSDAY, APRIL 22, 1971 RULES AND REGULATIONS 7583 transmittal of all SIAP changes and Issued in Washington, D.C., on April 13, (iii) Frequency of administration is additions may be obtained by subscrip­ 1971. dependent on the severity of the condi­ tion at an annual rate of $125 per annum R. S. Sliff, tion. For mild inflammations, applica­ from the Superintendent of Documents, Acting Director, tions may range from once daily to once U s Government Printing Office, Wash­ Flight Standards Service. a week; for severe conditions the drug ington, DC 20402. may be applied as often as two to three Note : Incorporation by reference pro­ times daily. Frequency of treatment may Since a situation exists that requires visions in §§ 97.10 and 97.20 (35 F.R. immediate adoption of this amendment, be decreased as improvement occurs. 5610) approved by the Director of the (3) For use only by or on the order of I find that further notice and public pro­ Federal Register on May 12,1969. cedure hereon is impracticable and good a licensed veterinarian. [FR Doc.71-5534 Filed 4-21-71;8:45 am] cause exists for making it effective in § 135a.12 Nystatin, neomycin, thiostrep­ less than 30 days. ton, and triamcinolone acetonide oint­ In consideration of the foregoing, Part ment veterinary. 97 of the Federal Aviation Regulations (a) Specifications. Each cubic centi­ is amended as follows, effective on the Title 21— FOOD AND DRUGS meter of ointment contains: 100,000 units dates specified: Chapter I— Food and Drug Adminis­ of nystatin, neomycin sulfate equivalent 1. Section 97.25 is amended by estab­ tration, Department of Health, Edu­ to 2.5 milligrams of neomycin base, 2,500 units thiostrepton, and 1.0 milligram of lishing, revising, or canceling the follow­ cation, and Welfare ing LOC-LDA SIAPs, effective May 20, triamcinolone acetonide. 1971. SUBCHAPTER C— DRUGS (b) Sponsor. E. R. Squibb & Sons, Inc., Three Bridges, N.J. 08887. Cleveland, Ohio—Cleveland-Hopkins Inter­ PART 135a— NEW ANIMAL DRUGS (c) Conditions of me. (1) The drug is national Airport; LOC(BC) Runways 23 FOR OPHTHALMIC AND TOPICAL USE L/R, Amdt. 6; Revised. recommended for local therapy as an Topical-Otic-Ophthalmic Ointment anti-inflammatory, antipruritic, anti­ 2. Section 97.27 is amended by estab­ fungal, and antibacterial ointment for lishing, revising, or canceling the follow­ The Commissioner of Food and Drugs the topical therapy of cutaneous dis­ ing NDB/ADF SIAPs, effective May 20, has evaluated a supplemental new animal orders in cats and dogs. It is used in the 1971. drug application (12-258V) filed by E. R. treatment of acute and chronic otitis of Squibb & Sons, Inc., proposing revised varied etiologies, in interidigital cysts in Cleveland, Ohio—Cleveland-Hopkins Inter­ labeling regarding the safe and effective cats and dogs, and in anal gland infec­ national Airport; NDB Runways 5R/5L, use of nystatin, neomycin, thiostrepton, Amdt. 5; Revised. tions in dogs. It is also indicated in the Cleveland, Ohio—Cleveland-Hopkins Inter­ and triamcinolone acetonide as an anti­ management of dermatologic disorders national Airport; NDB Runway 23 L/R, fungal, antibiotic, and corticosteroid characterized by inflammation and dry Amdt. 8; Revised. ointment for topical and otic use in cats or exudative dermatitis particularly those Miami, Fla.—Miami International Airport; and dogs and as an ophthalmic prepara­ caused, complicated, or threatened by NDB Runway 27L, Amdt. 7; Revised. tion for use in cats, dogs, and cattle. The bacterial or candidal (Candida albicans) 3. Section 97.29 is amended by estab­ supplemental application is approved. infections. It is also used in eczematous lishing, revising, or canceling the'follow- Therefore, pursuant to provisions of dermatitis, contact dermatitis, and sebor­ ing ILS SIAPs, effective May 20,1971. the Federal Food, Drug, and Cosmetic rheic dermatitis and as an adjunct in the Act (sec. 512(i), 82 Stat. 347; 21 U.S.C. treatment of dermatitis due to parasitic Cleveland, Ohio—Cleveland-Hopkins Inter­ 360b(i)) and under authority delegated infestation. national Airport; ILS Runways 5R/5L, to the Commissioner (21 CFR 2.120), Amdt. 7; Revised. (2) It is to be administered as follows: Cleveland, Ohio—Cleveland-Hopkins Inter­ Part 135a is amended by adding two new (i) For otitis: Clean ear canal of im­ national Airport; ILS Runway 28R, Amdt. sections as follows: pacted cerumen. Inspect canal and re­ 8; Revised. § 135a. 11 Nystatin, neomycin, thiostrep­ move any foreign bodies such as grass, 4. Section 97.31 is amended by estab­ ton, and triamcinolone acetonide oph­ awns, ticks, etc. Instill three to five drops thalmic ointment veterinary. of ointment. Preliminary use of a local lishing, revising, or canceling the follow­ anesthetic may be advisable. ing Radar SIAPs, effective May 20, 1971. (a) Specifications. Each cubic centi­ meter of ointment contains: 100,000 (ii) For infected anal glands, cystic Cleveland, Ohio—Cleveland-Hopkins Inter­ units of nystatin, neomycin sulfate equiv­ areas, etc.: Drain gland or cyst and then national Airport; Radar-1, Amdt. 17; fill with ointment. Revised. alent to 2.5 milligrams of neomycin base, 2,500 units of thiostrepton, and 1.0 milli­ (iii) For other dermatologic disorders: 5. Section 97.33 is amended by estab­ gram of triamcinolone acetonide. Clean affected areas and remove any en­ lishing, revising, or canceling the follow­ crusted discharge or exudate. Apply oint­ (b) Sponsor. E. R. Squibb & Sons, Inc., ment sparingly in a thin film. ing RNAV SIAPs, effective May 20, 1971. Three Bridges, N.J. 08887. (iv) Frequency of administration is Albuquerque, N. Mex.—Albuquerque Sun- (c) Conditions of use. (1) The drug is dependent upon the severity of the con­ port, Kirtland AFB; RNAV Runway 8, Orig­ recommended for ophthalmic use as an inal; Established. dition. For mild inflammations, applica­ anti-inflammatory, antipruritic, anti­ tion may range from once daily to once Port Worth, Tex.—Greater Southwest Inter­ fungal (Candida albicans), and anti­ national Dallas-Fort Worth Field; RNAV bacterial ointment for local therapy in a week; for severe conditions the oint­ Runway 31, Amdt. 1; Revised. keratitis and conjunctivitis in cats and ment may be applied as often as two to Fort Worth, Tex.—Greater Southwest Inter­ three times daily. Frequency of treat­ dogs and for infectious keratoconjunc­ national Dallas-Fort Worth Field; RNAV ment may be decreased as improvement Runway 35, Amdt. 1 ; Revised. tivitis (pink eye) in cattle. occurs. Hutchinson, Kans.—Hutchinson Municipal (2) It is to be administered as follows: Airport; RNAV Runway 31, Original; (i) For conjunctivitis and keratitis: Effective date. This order shall be ef­ Established. Apply one drop of ointment to the af­ fective upon publication in the Federal Kansas City, Kans.—Fairfax Municipal Air- R egister (4-22-71). fected eye(s) two or three times daily. Port; RNAV-A, Original; Established, (Sec. 512(1), 82 Stat. 347; 21 U.S.C. 360b(i)) ew Orleans, La.—New Orleans International Treatment may be continued for up to Airport; RNAV Runway 1, Original; 2 weeks if necessary. Dated: April 14,1971. Established. (ii) For bovine infectious keratocon­ C. D. Van Houweling, 3^> 1110, Federal Aviation Act junctivitis: Apply small line of ointment oi 1958; 49 U.S.C. 1438, 1354, 1421, 1510, sec. to the affected eye(s) once daily. Treat­ Director, «1C) Depart“ » ^ of Transportation Act, 49 ment may be continued for up to 2 weeks Bureau of Veterinary Medicine. o-b.C. 1655(c) and 5 U.S.C. 552(a) (1) ) if necessary. [FR Doc.71-5611 Filed 4-21-71;8:49 am]

No. 78— 2 FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7584 RULES AND REGULATIONS

§ 601.105 Examination o f returns and suance of a notice of adjustment, the Title 26— INTERNAL REVENUE claims' for refund, credit or abate­ denial of a claim in income, profits, m ent; determination o f correct tax estate, and gift tax cases, or an appro­ Chapter I— Internal Revenue Service, liability. Department of the Treasury priate adjustment of the tax liability or * * * * * * denial of a claim in excise and employ­ SUBCHAPTER H— INTERNAL REVENUE PRACTICE (b) Examination of returns.— (1) ment tax cases. PART 601— STATEMENT OF General. The original examination of in­ * * * * * come (including partnership and fidu­ PROCEDURAL RULES (e) Claims for refund or credit, (l) ciary), estate, gift, excise, employment, After payment of the tax a taxpayer Miscellaneous Amendments exempt organization, and information may (unless he has executed an agree­ returns is a primary function of ex­ ment to the contrary) contest the as­ This part as filed with the F ederal amining officers in the Audit Division of sessment by filing a claim for refund R egister on June 29, 1955, was last the office of each district director of in­ or credit for all or any part of the amended on October 9, 1970 (35 F.R. ternal revenue. Such examining offi­ amount paid, except as provided in sec­ 15916). The following amendments are cers are organized in groups, each of tion 6512 of the Code with respect to made to Part 601: which is under the immediate supervi­ certain taxes determined by the Tax P aragraph 1. Section 601.104 is sion of a group supervisor designated by Court, the decision of which has become amended by revising paragraph (c) (4) the district director. Revenue agents final. A claim for refund or credit is made to read as follows: (and such other officers or employees of on Form 1040X or 1120X, w here appli­ § 601.104 Collection functions. the Internal Revenue Service as may be cable, or Form 843. These forms are ob­ * * * * * designated for this purpose by the Com­ tainable from the district director. missioner) are authorized to examine Generally, the claim, together with ap­ (c) Enforcement procedure. * * * any books, papers, records, or memoranda propriate supporting evidence, must be (4) Penalties. In the case of failurebearing upon matters required to be in­ filed in the office of the district director to file a return within the prescribed cluded in Federal tax returns and to take for the district in which the tax was time, a certain percentage of the amount testimony relative thereto and to ad­ paid. A claim for refund or credit must be of tax is, pursuant to statute, added to minister oaths. See section 7602 of the filed within the applicable statutory the tax unless the failure to file the re­ Code and the regulations thereunder. period of limitation. In the case o f in­ turn within the prescribed time is shown There are two general types of audit. dividuals a properly executed income to the satisfaction of the district director These are commonly called “office audit” tax return may, if the taxpayer elects, or the director of the regional service and “field audit”. During the audit of a operate as a claim for refund or credit center to be due to reasonable cause and return a taxpayer may be represented of the amount of the overpayment dis­ not neglect. In the case of failure to file before the examining officer by an attor­ closed by such return. an exempt organization information re­ ney, certified public accountant, or other ****** turn within the prescribed time, a pen­ representative. See Subpart E of this part P ar. 3. Section 601.106 is amended by alty of $10 a day for each day the return for conference and practice requirements. * * * * * adding a new subparagraph (4) to par­ is delinquent is assessed unless the fail­ agraph (a) and by revising paragraph ure to file the return within the pre­ (d) Thirty-day letters and protests.— (d) (3) (iii) (i) to read as follows: scribed time is shown to be due to (1) General. The report of the examining reasonable cause and not neglect. In the officer, as approved after review, recom­ § 601.106 Appellate functions. case of failure* to pay or deposit taxes mends one of four determinations: (a) General. * * * due within the prescribed time, a certain (i) Acceptance of the return as filed percentage of the amount of tax due is, and closing of the case; (4) In cases under Appellate juris­ diction, the Appellate Division has the pursuant to statute, added to the tax un­ (ii) Assertion of a given deficiency or authority to make and subscribe to a less the failure to pay or deposit the additional tax; return under the* provisions of section tax due within the prescribed time is (iii) Allowance of a given overassess­ shown tq the satisfaction of the district 6020 of the Code where taxpayer fails ment, with or without a claim for refund, to make a required return. director or the director of the regional credit, or abatement; service center to be due to reasonable (iv) Denial of a claim for refund, cause and not neglect. Civil penalties (d) Disposition and settlement of are also imposed for fraudulent returns; credit, or abatement which has been filed and is found wholly lacking in merit. cases before the Appellate Divi­ in the case of income and gift taxes, for sion. * * *, intentional disregard of rules and regu­ When a return is accepted as filed (as In subdivision (i) of this subparagraph), (3) Cases docketed in the Tax lations or negligence; and additions to the taxpayer is notified by appropriate Court. * * * the tax are imposed for the failure to (iii) * * * comply with the requirements of law “no change” letter. In an unagreed case, the district director sends to the tax­ (i) Cases classified as “Small Tax” with respect to the estimated income cases by the Tax Court are given ex­ tax. See chapter 68 of the Code. A 50 payer a preliminary or “30-day letter” if any one of the last three determinations peditious consideration because such percent penalty, in addition to the per­ is made (except a full allowance of a cases are not included on a Trial Status sonal liability incurred, is imposed upon claim in respect of any tax). The 30-day Order. These cases are considered by any person who fails or refuses without letter is a form letter which states the the Court as ready for placing on a trial reasonable cause to honor a levy. Civil determination proposed to be made. It is calendar as soon as the answer has been penalties may also be imposed for fail­ accompanied by a copy of the examining filed and are given priority by the Court ure to pay the tax on liquors, cigars, cig­ officer’s report explaining the basis of the for trial over other docketed cases. The arettes, and cigarette papers and tubes proposed determination. It suggests to Tax Reform Act of 1969 provides new within the time prescribed. See chapter the taxpayer that if he concurs in the rules effective December 30, 1970, for 51 and 52 of the Code. Criminal penal­ recommendation, he indicate his agree­ small Tax Court cases. These cases will ties are imposed for willful failure to ment by executing and returning a be designated by the Court as small tax make returns, keep records, supply in­ waiver or acceptance. The preliminary cases upon request of petitioners and formation, etc. See chapter 75 of the letter also informs the taxpayer of ap­ will include letter “ S” as part of the Code. peal rights available to him if he dis­ docket number. Decisions of the Court ***** agrees with the proppsed determination. in these cases are not subject to review If the taxpayer does not respond to the by any other court and are not treated P ar. 2. Section 601.105 is amended by letter within 30 days, a statutory notice as precedents for other cases. See Code revising paragraphs (b)(1), (d)(1), and of deficiency will be issued or other ap­ section 7463. (e) (1) to read as follows: propriate action taken, such as the is­

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 RULES AND REGULATIONS 7585

Par. 4. Section 601.201 is amended by a case where the issue and holding are is involved in a return or returns already redesignating subparagraphs (4), (5), identical as to all of the taxpayers and filed by the taxpayer. District directors and (6) of paragraph (a> as subpara­ the number of taxpayers is in excess of may not issue determination letters as graphs (5), (6) , and (7) and inserting a 25, a Mass Closing Agreement will be to the tax consequence of prospective or new subparagraph (4), by revising sub- entered into with the taxpayer who is proposed transactions, except as provided paragraphs (1) and (3) of paragraph authorized by the others to represent in subparagraphs (5) and (6) of this (b), and subparagraphs (1) and (3) of the entire group. See § 601.202 for closing paragraph. paragraph (c), by deleting subparagraph agreements of the type not covered in * * * * * (4) of paragraph (d) and by revising this section. (3) In employment and excise tax subparagraphs (2) and (12) of para­ (b) Rulings issued "by the National Of­ matters (except excise taxes imposed un­ graph (e). These revised provisions read fice. (1) In income and gift tax matters der Chapter 42 of the Code), district as follows: - and matters involving excise taxes im­ directors issue determination letters in § 601.201 Rulings and determination posed under Chapter 42 of the Code, the response to written requests from tax­ letters. National Office issues rulings on prospec­ payers who have filed or who are re­ tive transactions and on completed trans­ quired to file returns over which they (а) General practice and definitions. actions before the return is filed. How­ have audit jurisdiction, but only if the * * * ever, rulings will not ordinarily be issued (4) An “opinion letter” is a written answers to the questions presented are if the identical issue is present in a re­ specifically covered by statute, Treasury statement issued by the National Office turn of the taxpayer for a prior year Decision or regulation, or a ruling, opin­ as to the acceptability of the form of a which is under active examination or ion, or court decision published in the master or prototype plan and any related audit by a district office, or is being con­ trust or custodial account under sections Internal Revenue Bulletin. Because of sidered by a branch office of the Appellate the impact of these taxes upon the busi­ 401 and 501(a) of the Internal Revenue Division. The National Office issues rul­ ness operation of the taxpayer and be­ Code of 1954. ings involving qualifications of plans un­ (5) An “information letter” is a state­ cause of special problems of adminis­ der section 401 of the Code or the exempt tration both to the Service and to the ment issued either by the National Office status of organizations under section 501 or by a district director which does no taxpayer, district directors may take ap­ or 521 of the Code, only to the extent propriate action in regard to such re­ more than call attention to a well-estab­ provided in paragraphs (o) and (n ), re­ lished interpretation or principle of tax quests, whether they relate to completed spectively, of this section. The National or prospective transactions or returns law, without applying it to a specific set Office will not issue rulings with respect of facts. An information letter may be previously filed or to be filed. to the replacement of involuntarily con­ * * * * * issued when the nature of the request verted property, even though replace­ from the individual or the organization ment has not been made, if the taxpayer (d) Discretionary authority to issue suggests that it is seeking general infor­ has filed a return for the taxable year rulings and determination letters. * * * mation, or where the request does not in which the property was converted. (4) [Deleted] meet all the requirements of paragraph However, see paragraph (c) (6) of this (e) Instructions to taxpayer. * * * (e) of this section, and it is believed that section as to the authority of district (2) Each request for a ruling or a such general information will assist the directors to issue determination letters determination letter must contain a com­ individual or organization. in this connection. plete statement of all relevant facts re­ (б) A “Revenue Ruling” is an official lating to the transaction. Such facts in­ interpretation by the Service which has ♦ * * * * (3) In employment and excise tax clude names, addresses, and taxpayer been published in the Internal Revenue identifying numbers of all interested Bulletin. Revenue Rulings are issued only matters (except excise taxes imposed under Chapter 42 of the Code), the Na­ parties; the location of the district office by the National Office and are published that has or will have audit jurisdiction for the information and guidance of tax­ tional Office issues rulings with respect to prospective transactions and to com­ over the return or report of each party; payers, Internal Revenne Service offi­ a full and precise statement of the busi­ cials, and others concerned. pleted transactions either before or after the return is filed. However, the National ness reasons for the transaction; and a (7) A “closing agreement,” as the term carefully detailed description of the is used herein, is an agreement between Office will not ordinarily rule with re­ spect to an issue, whether related to a transaction. In addition, true copies of all the Commissioner of Internal Revenue contracts, wills, deeds, agreements, in­ or his delegate and a taxpayer with re­ prospective or a completed transaction, if it knows or has reason to believe that struments, and other documents involved spect to a specific issue or issues entered in the transaction must be submitted with into pursuant to the authority contained the same or an identical issue is before any field office (or any branch office of the request. However, relevant facts re­ in section 7121 of the Internal Revenue flected in documents submitted must be Code. Such a closing agreement is based the Appellate Division) in connection with an examination or audit of the included in the taxpayer’s statement and on a ruling which has been signed by not merely incorporated by reference, and the Commissioner or his delegate and in liability of the same taxpayer for the same or a prior period. must be accompanied by an analysis of which it is indicated that a closing agree­ their bearing on the issue or issues, speci­ ment will be entered into on the basis of * * * * * fying the pertinent provisions. (The term the holding of the ruling letter. Closing (c) Determination letters issued "by “all interested parties” is not to be con­ agreements are final and conclusive ex­ district directors. (1) In income and gift strued as requiring a list of all share­ cept upon a showing of fraud, malfeas­ tax matters, and in matters involving holders of a widely held corporation ance, or misrepresentation of material excise taxes imposed under Chapter 42 requesting a ruling relating to a reorgani­ fact. They may be entered into where it of the Code, district directors issue deter­ zation, or a list of employees where a *s advantageous to have the matter per­ mination letters in response to tax­ large number may be involved in a plan.) manently and conclusively closed, or payers’ written requests submitted to The request must contain a statement a tesPayer can show good and their offices involving completed trans­ whether, to the best of the knowledge of sufficient reasons for an agreement and actions which affect returns over which the taxpayer or his representative, the the Government will sustain no disad- they have audit jurisdiction, but only if identical issue is being considered by any V^nf e ky ^ consummation. In appro­ the answer to the question presented is field office of the Service in connection priate cases, taxpayers may be required covered specifically by statute. Treasury with an active examination or audit of *° ®J*ter into a closing agreement as a Decision or regulation, or specifically by a tax return of the taxpayer already condition to the issuance of a ruling, a ruling, opinion, or court decision pub­ filed. Where the request pertains to only wnere in a single case, closing agree­ lished in the Internal Revenue Bulletin. one step of a larger integrated transac­ ments are requested on behalf of each A determination letter will not usually tion, the facts, circumstances, etc., must i a number of taxpayers, such agree­ be issued with respect to a question be submitted with respect to the entire ments are not entered into if the number which involves a return to be filed by transaction. As documents and exhibits such taxpayers exceed 25. However, in the taxpayer if the identical question become a part of the Internal Revenue

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7586 RULES AND REGULATIONS

Service file and cannot be returned, -the § 601.401 Employment taxes. any previous deposits) does not exceed original documents should not be sub­ (a) General. * * * $200 ($100 if return period ends prior mitted. If the request is with respect to a (5) Use of Federal Reserve banks andto January 1, 1971) the employer may corporate distribution, reorganization, or authorized commercial banks in connec­ either include with his return a direct other similar or related transaction, the tion with payment of Federal employ­ remittance for the amount of such taxes corporate balance sheet nearest the date ment taxes. Most employers are required or, on or before the last day of the first of the transaction should be submitted. to deposit employment taxes either on a calendar month following the period for (If the request relates to a prospective monthly basis, a semimonthly basis or which the return is required to be filed, transaction, the most recent balance quarter-monthly period basis as follows: voluntarily deposit such amount with a sheet should be submitted.) (i) Semimonthly deposits. With re­ Federal Reserve bank or authorized com­ * * * * * spect to wages paid during February and mercial bank. (v) Additional rules. Deposits under (12) Where a taxpayer has received March of 1967 or any calendar quarter thereafter through December 31, 1970 subdivisions (i), (ii), (iii), and (iv), of an adverse ruling under section 367 of this subparagraph are made with a Fed­ the Code, a protest directed to the posi­ and the month of January 1971, special deposits within 3 banking days after the eral Reserve bank or a commercial bank tion upon which the adverse ruling is authorized in accordance with Treasury based will be considered by an informal close of a semimonthly period are re­ quired if the employee tax deducted and Department Circular No. 1079, revised, to board established for this purpose by the accept remittances of these taxes for Assistant Commissioner (Technical). All the employer tax under chapter 21, and income tax withheld at sources on wages transmission to a Federal Reserve bank. protests, whether or not there is a con­ The remittance of such amount must be ference, will be considered by the board under chapter 24, exclusive of taxes re­ portable on Form 942 and Form 943, ag­ accompanied by a Federal Tax Deposit, and the board will notify the Income Tax Withheld Income and FICA Taxes form Division of its decision. The taxpayer will gregate more than $2,500 ($4,000 in the case of wages paid after May 1966 and (Form 501, or Form 511 in the case of be notified by the Income Tax Division Agricultural Employers). Each employer of the results of the board’s considera­ before February 1967) for any month in the preceding calendar quarter. An making deposits shall report on the re­ tion of the protest. This procedure is in­ turn for the period with respect to which voked by a written request directed to amount not required to be deposited by this subdivision may nevertheless be di­ such deposits are made information re­ the Assistant Commissioner (Technical). garding such deposits in accordance with * * * * * rectly remitted by the employer with his return, or may be deposited. the instructions applicable to such return P ar. 5. Section 601.203 is amended by (ii) Quarter-monthly period deposits. and pay therewith (or deposit by the revising paragraph (d) to read as With respect to wages paid after Janu­ due date of such return) the balance, if fo llo w s : ary 31, 1971, if at the close of any quar­ any, of the taxes due for such period. §601.203 Offers in compromise. ter-monthly period (that ends on the 7th, (vi) Employers under chapter 22 of similar ***** 15th, 22nd, or the last day of any month) the Code. Depositary procedures the aggregate amount of undeposited to those prescribed in this subparagraph (d) Conferences. Before filing a for­ taxes, exclusive of taxes reportable on are prescribed for employers as defined mal offer in compromise, a taxpayer may Forms 942 and 943, is $2,000 or more, the by the Railroad Retirement Tax Act, request a meeting in the office which employer shall deposit such taxes within except that railroad retirement taxes are would have jurisdiction over his offer 3 banking days after the close of such not required to be deposited semi­ to explore the possibilities of compromis­ quarter-monthly period. monthly or quarter-monthly. Such taxes ing unpaid tax liability. After all investi­ (iii) Monthly deposits. With respect must be deposited by using Form 507, gations have been made, the taxpayer to employers not required to make de­ Federal Tax Deposit, Railroad Retire­ may also request a meeting in the office posits under subdivision (i) or (ii) of this ment Taxes. having jurisdiction of his offer to deter­ subparagraph, if after January 31, 1971 (vii) Employers under chapter 23 of mine the amount which may be accepted (a) during any calendar month, other the Code. Every person who is an em­ as a compromise. If agreement is not than the last month of a calendar quar­ ployer as defined by the Federal Unem­ reached at such meeting and the district ter, the aggregate amount of the em­ ployment Tax Act shall deposit the tax director has processing jurisdiction over ployee tax deducted and the employer tax imposed under chapter 23 on or before the offer, the taxpayer will be informed under chapter 21 and the income tax the last day of the first calendar month that he may request a district conference. withheld at source on wages under chap­ following the quarterly period in which A written protest is required if the tax, ter 24, exclusive of taxes reportable on the amount of such tax exceeds $100. penalty, and assessed (but not accrued) Form 942 and Form 943, exceeds $200 Special rules for calendar years 1970 and interest sought to be compromised ex­ ($100 prior to February 1, 1971), or (b) 1971 provide that the amount of tax re­ ceeds $2,500 for any return, taxable year at the end of any month or period of 2 quired to be deposited for any calendar or taxable period. If agreement is not or more months and prior to December 1 quarter or other period shall be reduced reached at the district conference, the of any calendar year, the total amount of (a) by 66% percent if such quarter or taxpayer will be offered an opportunity undeposited taxes imposed by chapter period is in 1970 and (b) by 33% percent to request consideration of his-case by 21, with respect to wages paid for agri­ if such quarter or period is in 1971. the regional office of the Appellate Divi­ cultural labor, exceeds $100, it is the ***** sion. Such request may be in writing duty of the employer to deposit such or oral. If the tax, penalty, and assessed P ar. 7. Section 601.403 is amended by amount within 15 days after the close of revising paragraphs (a)(5) and (c)(3) (but not accrued) interest sought to be such calendar month. to read as follows: compromised exceeds $2,500 for any (iv) Quarterly and year-end deposits. return, taxable year or taxable period, a Whether or not an employer is required § 601.403 Miscellaneous excise taxes written protest is required. The proce­ to make deposits under subdivisions (i), collected by return. dure in the three preceding sentences (ii), and (iii) of this subparagraph, if (a) General. * * * does not apply if the offer relates to a tax the amount of such taxes reportable on over which Appellate Division has no (5) Highway motor vehicle use. Sub­ Form 941 or 943 (reduced by any previ­ chapter D of chapter 36 of the Co e authority (see § 601.106(a) (3)). Tax­ ous deposits) exceeds $200 ($100 if re­ payers and their representatives are re­ turn period ends prior to January 1, imposes a tax for each taxable yea* quired to fulfill and comply with the 1971) the employer shall, on or before the (commencing after June 30, 1956, an applicable conference and practice last day of the first calendar month fol­ ending before October 1, 1977) upon e requirements. See Subpart E of this part. lowing the period for which the return is use, at any time during the taxable yean * • * * * required to be filed, deposit such amount on the public highways in the Uni Par. 6. Section 601.401 is amended by with, a Federal Reserve bank or au­ thorized commercial bank. However, if States of any highway motor vemc revising paragraph (a) (5) to read as which (together with certain semitraiie follows: the amount of such taxes (reduced by

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 RULES AND REGULATIONS 7587 and trailers) has a taxable gross weight and Firearms Division, may, in the inter­ prior to approval of construction of any in excess of 26,000 pounds. est of Federal and State law enforcement, section of specified road or other speci­ ***** upon receipt of demands or requests of fied development facility and, as a result State authorities, and at the expense of of a major disaster in a designated area (c) Collection of tax. * * * the State, authorize investigators and a major physical change results in ad­ (3) Depositary procedures. Depositary other employees under their supervision ditional construction work by the pur­ procedures similar to those prescribed to attend trials and administrative hear­ chaser in connection with such a road or for Federal employment taxes, described ings in liquor, tobacco, firearms, or explo­ facility, the United States shall bear such in § 601.401(a) (5), except for quarter- sives cases in which the State is a party, increased construction cost if, as de­ monthly deposits, are prescribed for mis­ produce records, and testify as to facts termined by the Chief, Forest Service, the cellaneous excise taxes (except the taxes cial capacities: Provided, That such pro­ estimated cost is (1) more than $1,000 on the use of highway motor vehicles, duction or testimony will not divulge in­ for sales under 1 million board feet, or wagers, hydraulic mining, and circula­ formation contrary to section 7213, nor (2) more than $1 per thousand board tion other than of national banks) re­ divulge information subject to the re­ feet for sales of 1 to 3 million board feet, ferred to in paragraph (a) of this sec­ strictions in section 5848. See also or (3) more than $3,000 for sales over tion. For information relating to the use § 301.9000-1 (f) of this chapter and 18 3 million board feet. of the Form 504, Federal Tax Deposit, U.S.C. 1905. (b) Where the Chief, Forest Service, Excise Taxes, see the instructions on ***** determines that damages are so great Form 720, Quarterly Federal Excise Tax that restoration, reconstruction, or con­ Return. [ seal] R andolph W. T hrower, Commissioner of Internal Revenue. struction is not practical under the cost­ ***** sharing arrangement in paragraph (a) [FR Doc.71-5597 Filed 4-21-71; 8:47 am] Par. 8. Section 601.702 is amended by of this section, he may allow cancella­ revising paragraph (b) (1) (i) and sub- tion of the contract notwithstanding paragraphs (2), (6), and (12) of para­ provisions therein or in section 221.17. graph (d) to read as follows: Title 33— NAVIGATION AND (c) The Chief, Forest Service, is au­ § 601.702 Publication and public in­ thorized to reduce to 7 days the mini­ spection. mum time to advertise the sale of * # * * * NAVIGABLE WATERS National Forest timber whenever he determines that (1) the sale of such (b) Public inspection and copying— Chapter I— Coast Guard, Department timber will assist in the construction of (1) In general. * * * of Transportation any area of a State damaged by a major (1) Final opinions, including concur­ disaster, (2) the sale of such timber will ring and dissenting opinions, and orders, SUBCHAPTER J— BRIDGES assist in sustaining the economy of such if such opinions and orders are made [OGFR 70-79a] area, or (3) the sale of such timber is in the adjudication of cases, such as PART 117— DRAWBRIDGE necessary to salvage the value of timber opinions and orders by the Alcohol, damaged in such major disaster or to Tobacco, and Firearms Division pur­ OPERATION REGULATIONS protect undamaged timber. suant to § 200.116 of this chapter in Elizabeth River, N.J. (d) Any request for relief under para­ administrative procedures on applica­ graphs (a) or (b) of this section shall be tions for, or to suspend, revoke, or annul, Correction made in writing to the Forest Supervisor permits under the alcohol, alcoholic In F.R. Doc. 71-5246 appearing at page having administrative responsibility for beverages, and tobacco permit systems, 7132 in the issue of Thursday, April 15, the land involved. and § 178.78 of this chapter on adminis­ 1971, in § 117.225 the paragraph “ (b) ” (30 Stat. 34, 35, as amended, 16 U.S.C. 551, trative procedures relating to licenses; designation before the text of subpara­ 476; 84 Stat. 1756) * * * * * graph (3) should read paragraph “ (f ) ” . Effective date. This amendment shall (d) Rules for disclosure of certain become effective on the date of its publi­ specified matters. * * * cation in the F ederal R egister (4-22-71). (2) Information as to persons filing income tax returns. Information as to Title 36— PARKS, FORESTS, Dated: April 16,1971. whether any person has filed an income Clifford.M. H ardin, tax return for a particular taxable year AND MEMORIALS Secretary of Agriculture. will be furnished to an inquirer. See [FR Doc.71-5630 Filed 4-21-71;8:50 am] section 6103(f). Chapter II— Forest Service, Department of Agriculture PART 221— TIMBER (6) Information returns of certain tax- PART 221— TIMBER exempt organizations and certain trusts. Export Restrictions Information furnished on Form 990, Disaster Relief Section 221.25, Part 221, Title 36 of Form 1041-A, and on the Annual Re- Section 221.9, Part 221, Title 36 of Code of Federal Regulations, is amended Port by private foundations pursuant to Code of Federal Regulations, as amended to read as follows: Sections 6033, 6034, and 6056, which are in the F ederal R egister, Vol. 35, No. 37 filed after December 31,1969, is available § 221.25 Timber export restrictions, re­ page 3283, dated February 21, 1970, is quirements for domestic processing. for public inspection for a 4-year period. revised to read as follows: Tlds information shall be available for The regulations in this section are to Public inspection in the office of the Di- § 2 2 1 .9 Disaster relief. implement the provisions of Part IV of rector, Public Information Division, In­ This section is to implement the pro­ the Foreign Assistance Act of 1968 (82 ternal Revenue Service, 1111 Constitution visions of sec. 242 (a), (b), and (c) of Stat. 966) which amends the Apt of Avenue NW., Washington, DC 20224, as the Disaster Relief Act of 1970 (84 Stat. April 12, 1926 (16 U.S.C. 616), and lim­ « tL35 k* office of a district director 1756) which relate to contracts for the its the amount of unprocessed timber or Director of the Mid-Atlantic Regional sale of National Forest timber in con­ which may be sold for export from Fed­ , ^ ce Center. See section 6104(b) and nection with areas damaged by major eral lands located west of the 100th Me­ 5 301.6104-2 of this chapter. disaster as designated by the President ridian to not more than 350 million board pursuant to the Act. feet for each of the calendar years 1969 State liquor, tobacco, firearms, (a) Where an existing contract for the through 1973, inclusive. * * * na explosive cases. Assistant regional sale of National Forest timber does not * * * * * a ^ tt^ss^oners (Alcohol, tobacco and fire- provide relief from major physical (b) Unprocessed timber from National rns-) °r the Director, Alcohol, Tobacco change not due to purchaser's negligence Forest System lands located west of the

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7588 RULES AND REGULATIONS

100th Meridian shall not be sold for ex­ (iii) Permanent impairment of visioncosts of necessary repair, replacement port from the United States during the of both eyes: Central visual acuity of and feasible reinstallation of any adapt­ period January 1, 1969, through Decem­ 20/200 or less in the better eye, with ive equipment deemed necessary under ber 31,1973, except that such timber may corrective glasses, or central visual this section, shall be made upon appli­ be sold for export from the United States acuity of more than 20/200 if there is a cation by the claimant and certification as follows: field defect in which the peripheral field by the Chief Medical Director or his * * * * * has contracted to such an extent that the designee. (30 Stat. 34, 16 U.S.C. 475; 44 Stat. 242, 82 widest diameter of visual field subtends (4) Adaptive equipment, and services Stat. 966, 84 Stat. 1817, 16 U.S.C. 616-617) an angular distance no greater than 20° thereto, shall not be provided a claim­ in the better eye. Effective date. This amendment shall ant for more than one conveyance at a become effective on the date of its pub­ (2) Veterans not serving on active time. duty must be entitled to compensation lication in the F ederal R egister (e) Definition. The term, “adaptive (4-22-71). for the disability. As to any claimant the equipment,” means generally, that disability must be service connected in Clifford M. Hardin, equipment which must be part of or Secretary of Agriculture. accordance with usual criteria. (See added to a conveyance manufactured §§3.1 (m) and (n), 3.301-3.310). for sale to the general public to make it A pril 16, 1971. (3) As to disease or injury incurred or safe for use by the claimant and to as­ [FR Doc.71-5631 Filed 4-21-71; 8:51 am] aggravated during the periods specified sist him in meeting the applicable in paragraph (a)(1) (iii) and (2) (iii) of standards of licensure of the proper li­ this section, it must be shown to be the censing authority. direct result of the performance of mili­ (1) With regard to automobiles and Title 38— PENSIONS, BONOSES, tary duty. This requirement will be met similar vehicles the term includes a basic if the disease or injury is directly related automatic transmission as to a claimant AND VETERANS’ RELIEF to the performance of such duty. It must who has lost or lost the use of a limb, be shown that it is reasonable to expect Chapter I— Veterans Administration power steering as to one who has lost that the disease or injury would not have or lost the use of a hand or has lost or PART 3— ADJUDICATION been incurred if the individual had not lost the use of both feet, and power been performing active service. brakes as to one who has lost or lost the Subpart A— Pension, Compensation, (c) Claim for a conveyance. A specific use of a foot. and Dependency and Indemnity application for financial assistance in (2) With regard to automobiles and Compensation purchasing a conveyance is required similar vehicles the term includes such which must contain a certification by the A utomobiles or O ther Conveyances items of equipment as the Chief Medical claimant that the conveyance will be Director may, by directive, specify as Section 3.808 is revised to read as operated only by persons properly ordinarily necessary for any of the follows: licensed. The application will also be con­ classes of losses specified in paragraph sidered as an application for the adaptive § 3.808 Automobiles or other convey­ (b) of this section arid for any combi­ ances ; certification. equipment specified in paragraph (d) (1) nation of such losses. Such specifications of this section or deemed necessary by of equipment may include a limit on the A certification of eligibility for finan­ the Chief Medical Director or his designee financial assistance to be provided based cial assistance in the purchase of one to insure that the claimant will be able on judgment and experience. automobile or other conveyance in an to operate the conveyance in a manner (3) The term also includes other amount not exceeding $2,800 and of basic consistent with safety to himself and to entitlement to necessary adaptive equip­ satisfy the applicable standards of licen­ equipment which the Chief Medical Di­ ment will be made where the claimant rector or his designee may deem neces­ sure of the proper licensing authorities. sary in an individual case. meets the requirements of paragraphs There is no time limitation in which to (a), (b), and (c) of this section. apply. An application by a claimant on (72 Stat. 1114; 38 U.S.C. 210) (a) Service. The claimant must have active duty will be deemed to have been This VA Regulation is effective Janu­ had active military, naval or air service filed with the Veterans Administration ary 11, 1971. during one of the periods specified in on the date it is shown to have been subparagraph (1) or (2) of this para­ placed in the hands 9f military authority Approved: April 16, 1971. graph, as applicable. for transmittal. By direction of the Administrator. (1) As to a veteran not serving on ac­ (d) Certifications for adaptive equip­ tive duty at the time of application, the [ seal] F red B. R hodes, ment and for services thereto. (1) Simul­ Deputy Administrator. active service must have been during one taneously with the certification provided of the following: pursuant to the preamble of this section, [FR Doc.71-5613 Filed 4-21-71;8:49 am] (if World Warn, a claimant for financial assistance in the (ii) The Korean conflict, purchase of an automobile will be fur­ (iii) Any period on and after Febru­ nished a certificate of eligibility for ary 1, 1955, including the Vietnam era; financial assistance in the purchase of Title 43— PUBUC LANDS: (2) As to a member of the Armed such adaptive equipment specified in Forces serving on active duty at the paragraphs (e) (1) and (2) of this sec­ time of application, the member must tion as may be appropriate to his losses INTERIOR have had active service during one of the unless the need for such equipment is following: Subtitle A— Office of the Secretary of contraindicated by his physical or legal the Interior (i) World War n, inability to operate the vehicle. (ii) The Korean conflict, (2) Upon application further equip­ PART 4— DEPARTMENT HEARINGS (iii) Any period on and after Febru­ ment needed and desired by the claim­ AND APPEALS PROCEDURES ary 1, 1955, other than the Vietnam era, ant may be authorized upon certification (iv) The Vietnam era. by the Chief Medical Director or his Hearings and Appeals Procedures (b) Disability. (1) One of the follow­ designee that such equipment is neces­ Corrections ing must exist and be the result of injury sary for the operation of the convey­ or disease incurred or aggravated during ance in a manner consistent with safety In F.R. Doc. 71-5138 appearing at page one of the periods specified in paragraph and in accordance with the standards 7185 in the issue for Thursday, April 15. (a) of this section: of licensure of the proper licensing au­ 1971, the following changes should be (i) Loss or permanent loss of use of thority. made: one or both feet; (3) Payment of amounts for the rea­ 1. In the third line of § 4.108(b) the (ii) Loss or permanent loss of use of sonable costs of providing necessary word “either” should be inserted between one or both hands; adaptive equipment and the reasonable the words “permit” and “party”.

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 RULES AND REGULATIONS 7589

2. The fifth line of the authority cita­ Agreement of 1952. Those filing com­ and proposed that Channel *44 be re­ tion immediately following the Subpart ments and/or reply comments are assigned to Cambridge, inasmuch as the D heading on page 7192, now reading OETNC; Association of Maximum Serv­ proposed transmitter site is nearer to “Stat. 1012, 1022; 25 U.S.C. 372, 373, 374, ice Telecasters, Inc. (AMST) ; Kent State that community; and also proposed that 373a,” should read “Stat. 1021, 1022; 25 University; and Educational Television Channel *27 be assigned to Bowling U.S.C. 372, 373, 374, 373a,”. Association of Metropolitan Cleveland Green, for the same reason and in view 3. The fifth line of § 4.203(c), now (ETAMC), licensee of Station WVIZ-TV, of the additional fact that the proposed reading “persons, by reason of unex­ Channel *25, Cleveland, Ohio. station would not place a principal city plained ab-”, should read “person, he 2. As our notice pointed out, the grade signal over Lima. In the latter shall issue a decision to that”. OETNC is a permanent State agency respect, OETNC's comments reveal its 4. Paragraphs (c) and (d) appearing created by the Act of General Assembly intention to increase power of the Bowl­ immediately after the heading for § 4.233 of the State of Ohio to own and operate, ing Green station so that Lima would should be transferred to appear imme­ contract to provide transmission and receive a principal grade signal; for diately following § '.232(b). inter-connection facilities, and take reasons which will be discussed later, it 5. The word “on” in the third line of other steps for a statewide educational also counterproposed the reassignment § 4.240(b) should read “or”. network and distribute educational pro­ of Lima’s Channel *57 to Bowling Green. 6. In the 13th line of § 4.271 a comma grams throughout that network. (See Change of transmitter site is also neces­ should be inserted immediately after the Chapter 3353 of the Ohio Code.) The sary with respect to the Alliance station word “attending”. legislation authorized the Network Com­ because of FAA considerations; the Net­ 7. The word “issue” in the first line mission to help plan for expansion of work Commission says that it will modi­ of § 4.272(a) should read “issuance”. educational television in the State of fy that application to specify a site 12 8. The word “applicant” in the first Ohio; one of the objectives of this legis­ miles east (near Salem, Ohio). Our No­ line of § 4.291(a) should read lation and the Network Commission’s tice also pointed out some of the his­ "appellant”. primary functions is to provide at least torical background as concerns the pe­ 9. The word “review” in the first line one educational television service to each titions and applications for channels in of § 4.651(h) should read “reviewing” . person in Ohio, and to aid the Ohio and around Youngstown, and the many 10. In § 4.660 the word “a” should be Board of Regents to distribute funds problems which would be solved by a inserted between the words “have” and appropriated for ETV use. station at Alliance to be operated by a "right”. 3. By way of further background, consortium representing Youngstown 11. In the eighth line of § 4.700 and in there are eight operating educational State University, Kent State University, the fourth line of § 4.703 the word “ this” stations in Ohio all affiliated with the and the University of Akron. It is con­ should read “his” in both cases. Educational Network Commission. Sta­ templated that the other four new sta­ tions WVIZ-TV, Cleveland; WCET-TV, tions would be similarly operated by Chapter I— Bureau of Reclamation, Cincinnati; and WGTE-TV, Toledo, are educational institutions: the Portsmouth Department of the Interior community sponsored1 while the others station will be licensed to Ohio State are operated by various educational in­ University; the Cambridge station would PART 230— RECLAMATION OF ARID stitutions. The latter include Stations be licensed to Ohio University; the Bowl­ LANDS BY THE UNITED STATES WOUB-TV, Athens (Ohio University) ; ing Green station would be licensed to WBGU-TV, Bowling Green (Bowling Bowling Green University; and the Day- Hearings and Appeals Procedures Green State University) ; WOSU-TV, ton station would be licensed and op­ Correction Columbus (Ohio State University) ; erated by a consortium consisting of Miami University; Wright State Univer­ In F.R. Doc. 71-5139 appearing on page WMUB-TV, Oxford (Miami University) ; and WGSF, Newark (Public School Dis­ sity, and Central State University. 7207 in the issue for Thursday, April 15, 5. The comments of AMST are di­ 1971, the 11th line of § 230.115 should trict of Newark). The rule making is part of an overall plan to aid the Board of rected only at the proposed reassignment appear as follows: “ing to Other Appeals of Channel *44 to . Cambridge. AMST and Hearings, are”. Regents to distribute approximately $5.5 million by June 30, 1971, to extend net­ notes that this channel is also assigned work operational facilities of the net­ as a “commercial” assignment at Lima, work distribution center at Columbus Ohio, unoccupied and that there would Title 47— TELECOMMUNICATION and activate five stations. The five sta­ be a 12.4 mile cochannel shortage be­ tions are slated for Dayton, Portsmouth, tween the Cambridge and Lima reference Chapter I— Federal Communications Alliance, “Bryan”, and “Woodsfield” ; points. AMST, however, recognizes that there would be no such problem from Commission the OETNC has applied for construction permits for Channel *42 at Portsmouth the transmitter site proposed in the [Docket No. 19139; RM-1653; FCC 71-415] application for the educational construc­ (BPET-370) and Channel *45 at Dayton tion permit (16 miles northeast of Cam­ PART 73— RADIO BROADCAST (BPET-399) and it has tendered appli­ cations for the other three communities. bridge and about 25 miles from Woods­ SERVICES field). AMST requests that if the re­ However, as to the latter three, the rule Certain Television Broadcast Stations; assignment is made to Cambridge that making is needed in order to make the it be conditioned on use at a site meeting Table of Assignments following changes sought by OETNC: all mileage separation requirements, 1. The Commission here considers the (a) Reallocate Channel 45 from which it deems reasonable in serving the Notice of Proposed Rule Making in Youngstown to Alliance and reserve it public interest in the light of petitioner’s Docket No. 19139, adopted January 20, as a noncommercial educational channel; representations and the importance of 1971, to amend the TV Table of Assign­ (b) Reallocate Channel *27 from Commission’s rules as to mileage separa­ ments (§ 73.606(b) of the rules) insofar Bryan to Bowling Green-Lima; and tions. A condition to this effect is un­ as concerns reassignment of UHF chan­ (c) Redesignate the place of assign­ necessary, inasmuch as the proposed nels in Ohio in various respects (FCC ment of Channel *44 from Woodsfield to transmitter site would comply with the 71-61; 36 P.R. 1428). The notice was Cambridge-Woodsfield. rules. Should the situation change, then Prompted by the petition of the Ohio 4. The notice indicated our lack of AMST may raise the issue at that time. ■Educational Television Network Com­ enthusiasm for hyphenated assignments 6. Kent State University’s comments mission (OETNC or Network Commis­ are directed at the proposed Alliance re­ sion) to reassign three channels. Be- assignment. In this respect, Kent State the proposed reassignments are 1 WVIZ-TV Is licensed to the Educational Television Association of Metropolitan Cleve­ refers to the background and history of within 250 miles of the United States- land. WCET-TV is licensed to the Greater the conflicting rule making proposals ^anadian border, approval by Canada Cincinnati Television Educational Founda­ and applications of Kent State, the Uni­ was sought and obtained under the tion; and the Greater Toledo ETV Founda­ versity of Akron, and Youngstown State wrms of the Canadian-U.S.A. Television tion is the licensee of WGTE-TV. University to provide ETV service for the

FEDERAL REGISTER, V O L 36, NO. 78— THURSDAY, APRIL 22, 1971 7590 RULES AND REGULATIONS northeastern part of Ohio. Kent State In any event, the Network Commission 11. As pointed out In our notice, the refers to the withdrawal of its pending states that its proposal was not intended purpose of the proposed changes under petition for rule making and its applica­ to impair or dilute the viability or effec­ consideration here is to permit the Ohio tion for construction permit, and that it tiveness of Cleveland's Station WVIZ- Network Commission to proceed with its will participate in operation of the Alli­ TV, but rather the Alliance station is overall plan for an ETV network in Ohio. ance station when built (see paragraph intended to serve the communities of The Alliance proposal is intended as a 4, above). Kent State concludes: Youngstown, Akron, Canton, and War­ solution for a rather complicated situa­ “The assignment of Channel *45 to Alli­ ren, thus providing an outlet for the tion involving many educational institu­ ance, as proposed in this proceeding, the Youngstown State University, Kent State tions and to provide the northeastern construction Of the transmittal facilities as University, and the University of Akron. part of Ohio with full educational service. proposed in the pending application of It is contended that the fact that the As already noted, ETAMC, licensee of OETNC, and the proposal to license the fa­ Cleveland station also serves these areas Station WVIZ-TV, Cleveland, while seek­ cility to a consortium of educational inter­ is beside the point. Little purpose would ests, including Kent State University, wiU ing assurances of one sort or another clearly serve the public interest * * * Kent be served by a further discussion of these does not oppose the reassignment. As also State University, therefore, fully supports contentions, for, as pointed out above, noted in our notice, the other two re­ the proposal in the instant proceeding to these are not matters of concern as to assignments were based on moving the assign Channel *45 to Alliance, Ohio, and rule making. Indeed, it appears that channels to points away from the borders to reserve it for noncommercial educational ETAMC specifically supports the reallo­ of the State and nearer the actual trans- television service. -(Comments, p. 3.) cation of Channel 45 from Youngstown mitter sites applied for. It is abundantly Kent State’s comments also point out to Alliance and the designation of that clear that the proposed reallocations how this will be an extension of its prior channel for educational noncommercial would serve the public interest, conven­ efforts to provide educational television use. ience, and necessity. service on the campus; in sum it sup­ 9. We now turn to OETNC’s comments. 12. Authority for the adoption of the ports the proposal to assign Channel In its initial comments, the Network amendments proposed herein is con­ *45 to Alliance. Commission details the background and tained in sections 4(i), 303 (r), and 7. The Educational Television Associ­ history of its operations in Ohio, much 307(b) of the Communications Act of ation • of Metropolitan Cleveland of which has been referred to above in 1934, as amended. (ETAMC), license of Station WVIZ-TV, paragraph 4, and no further discussion 13. In accordance with the foregoing; Channel *25, Cleveland, Ohio, filed com­ is necessary. The only other matter is It is ordered, That effective May 28, 1971, ments directed at the Alliance proposal. the Network Commission’s counterpro­ the TV Table of Assignments (§ 73.606(b) This party’s concern is that the proposed posal that Channel *57 from Lima be of the rules) is amended as concerns the Alliance station would affect its opera­ reassigned to Bowling Green in lieu of Ohio cities named below to read as the notice's Channel *27 proposal (from follows: tion in view of the substantial overlap be­ City Channel No. tween the contours of Station WVIZ-TV Bryan to Bowling Green). It appears that this counterproposal is an attempt by the Ohio: and the proposed Alliance operation.* Bryan ______Nonetheless, ETAMC does not oppose the Network Commission to mollify objec­ Bowling Green______*27, *70 Alliance proposal. Rather it seeks as­ tions of ETV Station WGTE-TV, Chan­ Woods fie ld ______surances that the Ohio Network Com­ nel *30, Toledo, which has expressed con­ Cambridge______*44 mission proposal would not adversely cern about viewer confusion because of Youngstown ______21, 27, 33, *58 affect the viability and strength of its the proximity of the two frequencies on Alliance ______*45 own community-sponsored educational the dial. We are not impressed with this 14. It is further ordered, That this pro­ station. Obviously, the overlap would contention. Indeed, the Greater Toledo ceeding is terminated. have some impact in this respect, but we ETV Foundation filed no comments it­ self. Furthermore, if the Network Com­ (Secs. 4, 303, 307, 48 Stat., as amended, 1066, do not detail these contentions because 1082,1083; 47 U.S.C. 154, 303, 307) they are not relevant to rule making, as mission now desires to use Lima’s Chan­ evidenced by ETAMC’s approval of the nel 57 for the northeastern Ohio station Adopted: April 14,1971. reassignment. instead of Channel *27, it appears that it may do so by merely amending its ap­ Released: April 19,1971. 8. The Network Commission filed both plication to specify that channel rather F ederal Communications comments and reply comments. The re­ than Channel *27, since apparently it ommission ply comments are directed particularly C , plans to increase power to place a prin­ [ seal ] B en F. W aple, at the arguments of ETAMC, and we cipal city signal over both Lima and Secretary. discuss them first. OETNC endeavors to Bowling Green.4 [FR Doc.71-5627 Filed 4-21-71;8:50 am] reassure ETAMC to the extent possible, 10. The Network Commission sup­ but it is also urged that the overlap is ported the Commisison’s proposal to al­ not as extensive as ETAMC has urged.* locate the channels on a nonhyphenated [Docket No. 18882; FCC 71-416] basis. The OETNC’s comments in this re­ PART 73—-RADIO BROADCAST 2 While these contentions are contestedspect point out that its rule making was SERVICES by OETNC, ETAMC asserts the overlap is as filed at least several months prior to the follows: the Alliance station’s principal-city applications when there was some un­ Certain Television Broadcast Stations; signal contour overlaps approximately one- certainty about the exact transmitter site Table of Assignments third of the principal city contour of WVTZ- locations. TV. ETAMC points out that this overlap 1. On June 17, 1970, the Commission would not be as great using the revised on its own motion adopted a notice of propagation curves under consideration by 4 By letter, dated Jan. 22, 1971, the Defiance proposed rule making, released June 19. the Commission in Docket No. 16004. It is Area Chamber of Commerce advised the Com­ 1970 (FCC 70-638), in the above-entitled also noted that the other two community- mission of its interest in reassigning Channel supported educational stations—WCET-TV, 27 from Bryan to Defiance, Ohio. Because matter which proposed the shift of Chan­ at Cincinnati, and WGTE-TV, at Toledo— the notice in this proceeding had already nel 23 from Philadelphia, Pa., to Camden, would be overlapped by a greater extent than been adopted, we are treating this letter as N.J. and its reservation for noncommer­ WVIZ-TV; neither filed comments. comments. Aside from the fact that the com­ cial educational service, the assignment »For one thing, the Network Commission ments are lacking in many respects, suffice of Channel *36 as a noncommercial edu­ apparently now proposes a new transmitter it to say there is no basis for such a realloca­ cational frequency to Atlantic City, site for the Alliance station some 12 miles tion. The 1970 population of Defiance is and de-reservation of Channel * 57 a east of the one referred to in the notice near 16,281 (1970 Census); moreover, Channel 65 Philadelphia to make it available io Salem, Ohio. The reason for this change has been^,assigned to that community since either commercial or educational use relates to FAA approval of antenna height. 1965 and is vacant. In the circumstances, we OETNC also relies on the propagation curves see no reason for the addition of another that city. The proposal was madein proposed in Docket No. 16004. channel to that community. of the adverse impact of our actions

FEDERAL REGISTER, VOL. 36, NO. 78— -THURSDAY, APRIL 22, 1971 RULES AND REGULATIONS 7591

taken in Dockets Nos. 18261 and 18262 mercial assignment and assign Channel ity.3 The Commission’s proposal, al­ (the land mobile decisions) on noncom­ *30 to Atlantic City as a reserved assign­ though no better than Vue-Metrics’ pro­ mercial educational assignments in New ment. posal in respect to avoidance of a com­ jersey. 5. Jersey Cape, which is the licensee parative hearing for the use of a com­ 2. Interested parties were afforded an of WCMC-TV on Channel 40 at Wild­ mercial channel in Philadelphia, does opportunity after numerous extensions wood, vigorously opposes the alternative accomplish the public interest purpose of time to file final comments on or be­ proposal, notwithstanding the additional of this rule making, i.e., the provision fore October 26, 1970, and to reply to assignment it gains, i.e., Channel 40 at of two educational television channels, such comments on or before November 23, Camden, pointing out that it would have to serve southern New Jersey without 1970. Timely comments and/or reply to shift its operation on Channel 40 at disturbing any established broadcaster comments were filed by: the Land Mobile Wildwood to the new Channel 36. It or involving Jersey Cape and the Com­ Communications Council (LMCC); maintains that the shift would not only mission in a lengthy second hearing Commonwealth of Pennsylvania, Depart­ disturb viewing patterns in the Wildwood which could be involved in a show cause ment of Education (Penn); Philco-Ford area but would be very expensive. In brief order concerning switching Jersey Cape’s Corp. (Philco); Taft Television Corp., it suggests that in excess of the estimated service from Channel 40 to Channel 36 licensee of UHF Channel 29, WTAF-TV, amount of $50,000 would have to be ex­ at Wildwood. We have on occasion in Philadelphia, Pa. (T aft); Tri-State In­ pended to accomplish the channel FM allocations required FM licensees to structional Broadcasting Council, pros­ change. It indicates that such an expend­ shift their operations from an existing pective educational applicant for Chan­ iture and the disruption of viewing pat­ channel to a newly assigned channel, in nel *57 at Philadelphia, Pa. (Tri-State); terns can both be avoided by a simple order to advance the public interest. Vue-Metrics, Inc., commercial applicant adoption of the proposal set forth by There is no such precedent in UHF tele­ for UHF Channel 23 at Philadelphia, Pa., the Commission. The Authority joins vision primarily because of the substan­ BPCT-4368, filed on June 30, 1970 (Vue- Jersey Cape in its position, indicating tially larger amount of costs involved4 Metrics); Christian Broadcasting Net­ that the only purported reason given by as well as the very weak position of UHF work, Inc., prospective commercial ap­ Vue-Metrics in advancing its alternative television from a competitive view. In plicant for either 23 or *57 in' Philadel­ proposal, i.e., the avoidance of a com­ this instance we cannot find that it is phia, Pa. (Christian Broadcasting); the parative hearing for a de-reserved Chan­ in the public interest to require Jersey New Jersey Public Broadcasting Author­ nel *57 (which would be required be­ Cape (considering all the factors in­ ity, educational applicant for Channel tween Vue-Metrics and Tri-State in the volved) to shift its operation at Wild­ *23 at Camden, N.J., BPCT-4363, filed event of the shift of Channel 23 from wood to a newly assigned Channel 36. on June 16, 1970 (Authority); and the Philadelphia to Camden and its reserva­ We wish to note however that our Jersey Cape Broadcasting Corp., licen­ tion) is. not valid in that Christian Broad­ refusal to do so in this case in no way see of WCMC-TV, UHF Channel 40, casting too has indicated that it would is a final precedent barring such action Wildwood, N.J. (Jersey Cape). apply for Channels 23 or *57, whichever in UHF television matters involving other 3. Two of the three cities involved in one remains open for commercial appli­ circumstances. Another basic considera­ this rule making proceeding, Philadel­ cants in Philadelphia. tion in this proceeding which must be phia (population of city and county 6. After carefully examining the noted is the length of delay a show 1,927,863) and Camden (respective pop­ pleadings in this proceeding and the cause hearing involving Jersey Cape ulations of city and county 102,551 and variety of considerations before us, we would bring to the plans of the Au­ 456,291), are located in the Philadelphia have come to the conclusion that Jersey thority to initiate educational service Standard Metropolitan Statistical Area, Cape and the Authority are correct in to southern New Jersey. Jersey Cape which contains 4,777,414 residents.1 Phil­ their positions. In the first event, the has made a point of reserving all of its adelphia has assigned to it television hearing rights in respect to any possible Channels 3, 6—, 10, 17, 23, 29, *35, and adoption of the Commission’s proposal, shift of its operation to a new channel. *57. All of these channels are occupied there will be a comparative hearing for In the overall view it is the Commission’s except for Channel 23 (which has a com­ Channel *57 since it will be the single judgment that the development of edu­ mercial and an educational applicant, commercial channel open for applica­ cational television in New Jersey has ibid) and Channel *57 (which has a pro­ tion in Philadelphia after this rule mak­ already been too long delayed by a va­ riety of factors including the land mo­ spective commercial and a prospective ing proceeding, by Vue-Metrics, Chris­ educational applicant, ibid) * Channels bile decision in Dockets Nos. 18261 and *18, which has been “frozen” in view of tian Broadcasting and Tri-State (which 18262. Of course, by rejecting Vue- our land mobile decision in Docket No., wishes to use Channel *57 as an educa­ Metrics alternative allocation plan, we 18261, and 53, which has a construction tional station in Philadelphia): in the in no way decry the subscription tele­ permit outstanding for its use, are both second event, if the alternative plan of vision service it proposed for Philadel­ assigned to Atlantic City with a popula­ Vue-Metrics is adopted, continuing phia or the need of Philadelphia for ad­ ditional commercial service. tion of 47,859, located in Atlantic County Channel 23 as the sole “commercial” which has 175,043 residents. Camden has channel open in Philadelphia (Channel no television assignments at the present 3 Under the Commission’s 15-mile rule the time. *57 continuing to be reserved for edu­ Authority could have its present application cational use by Tri-State and Penn) for Channel 23 for use at Camden heard by Proposed Assignments of Channels 23 there will be a comparative hearing for the Commission in any comparative hear­ and 36 ing between it and Vue-Metrics. There is, the use of Channel 23 by Vue-Metrics, of course, no bar to the Authority using 4. In view of the first segment of the Christian Broadcasting and the Author- Channel 23 as an educational service simply notice’s proposal to reassign Channel 23 because it is not reserved. rom Philadelphia to Camden and re- 4 In PM proceedings the party benefiting erve it for noncommercial educational *12, assigned to Wilmington, Del., also serves from the required shift of an operation from the complex. It has recently been authorized and to assign reserved Channel *36 an existing channel to a newly assigned to move its transmitter to the Philadelphia channel normally is required to pay the j® Atlantic City as well as the conflicting antenna farm and is now undertaking that cost of such a shift. In this instance the Implications of Vue-Metrics and the Au- move. same procedure would be adopted if we found ™ t y Channel 23, ibid, Vue-Metrics, 1 All population statistics cited are from that it was in the public interest to have f •r “ nal amendment, has proposed the the preliminary reports of the 1970 U.S. Cen­ Jersey Cape shift its operation. The plead­ , . alternative allocation plan: re- sus. ings indicate that Jersey Cape’s shift from m channel 23 in Philadelphia as a 2 WKBS-TV is licensed to operate on Chan­ UHF Channel 40 to UHF Channel 36 would nel 48, assigned to Burlington, N.J. It serves involve a significantly larger amount of 4nTnerc*al assignment; assign Channel the Delaware Valley complex from a trans­ lr°m Wildwood to Camden as a re­ funds than are involved in FM matters. They mitter site located on the Philadelphia an­ also indicate that there is a substantial in ^assignm ent; replace Channel 40 tenna farm. WHYY-TV, a noncommercial difference of cost evaluation for the shift Wildwood with Channel 36 as a com­ educational station operating on Channel between Vue-Metrics and Jersey Cape.

No. 78------3 FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7592 RULES AND REGULATIONS

7. Although all of the participants in Public Broadcasting Service is that of a 13. It is further ordered, That the ap­ this proceeding except Vue-Metrics have facility with the technical potential for plication of Vue-Metrics, Inc., for Chan­ concurred in the above reservation of serving a mass audience, providing, not nel 23 at Philadelphia, Pa. (BPCT-4368), Channel *23 at Camden, we assume, in solely in-school training, but instead, filed with this Commission on June 30, view of our so doing, the Vue-Metrics broad cultural and informational pro­ 1970 (after the commencement of this graming of the nature not available on now along with each of the other par­ rule making proceeding), is dismissed, ticipants in this proceeding will have no commercial television stations. The re­ objection to our assigning Channel *36 served channels set aside in § 73.606 of unless amended to specify an existing to Atlantic City for noncommercial edu­ the Commission’s rules are in no way nonreseryed assignment, on or before 30 cational use. Our actions of assigning intended to be used solely to carry out the days after the effective date of the re­ Channel *23 to Camden and Channel function of in-school training—for that allocations specified in this order. - *36 to Atlantic City go a substantial dis­ task we have set aside the Instructional 14. It is further ordered, That this pro­ Television Fixed Service frequencies. tance toward advancing the Authority’s ceeding (Docket No. 18882) is terminated. goal of bringing cultural and informa­ Contrary to the information set out by tional programing to the southern half Tri-State, 28 of the 31 channels con­ (Secs. 4, 303, 307, 48 Stat., as amended, 1066, of New Jersey. We will be taking action tained in the 2500-2690 MHz band are 1082, 1083; 47 U.S.C. 154, 303, 307) in regard to northern New Jersey in presently available for application in the Adopted: April 14, 1971. Docket No. 18862 shortly. Instructional Television Fixed Service. Indeed, Tri-State may wish to apply for Released: April 19,1971. P roposed Use of Channel *57 a true Instructional Television Fixed F ederal Communications 8. There are three objectors to de­ Service channel in that operation on such Commission, reservation of Channel *57 at Phila­ a channel may very well accomplish its [seal] B en F. W aple, delphia: Penn, which supports Tri- goal more economically. In light of the Secretary. comments and reply comments in this State’s proposed instructional use of the [FR Doc.71—5628 Filed 4-21-71;8:50 am] channel, Tri-State and Taft. We will proceeding, and the material set out first discuss the Taft position. It is its above, we have come to the judgment view, after supporting the shift and res­ that the public interest would best be ervation of Channel 23, that Channel served by de-reserving Channel *57 in Title 7— AGRICULTURE *57 should continue to be a noncom­ Philadelphia and making it available to mercial educational station both be­ both commercial and educational Chapter II— Food and Nutrition Serv­ cause of its prospective use for that pur­ applicants. ice, Department of Agriculture 10. On the overall view the action we pose and because of the competition [Arndt. 4] between the commercial television sta­ take in respect to Channel 23, i.e., reserv­ tions located in Philadelphia. We realize ing it for noncommercial educational use PART 210— NATIONAL SCHOOL that Philadelphia is a highly competi­ in Camden, and Channel *57, de-reserv­ LUNCH PROGRAM tive television market and that the three ing it and making it available for com­ VHP television stations serving the com­ mercial use in Philadelphia, continues Use of Funds munity are associated with the three the balance of commercial and noncom­ Regulations for the operation of the mercial stations in the Philadelphia national networks. Of course the UHP National School Lunch Program (35 F.R. stations therefore are at a disadvantage metropolitan area as it was preceding in regard to access to programing, the the institution of this rule making pro­ 753, 35 F.R. 3900, 35 F.R. 14061, 36 F.R. key factor in drawing an audience which ceeding. The citizens of the Delaware 1246) are hereby further amended. In in turn draws advertising revenue. Phil­ Valley including Philadelphia (with its § 210.7, paragraph (a) is revised to read adelphia, however, is such a large market present noncommercial educational as follows: (see Paragraph 3 above) that in our view operation on Channel *35) will continue it certainly will be able to in time give to have the potential of a new educational § 210.7 Use of funds. service on Channel *23 located at Cam­ ample support to the number of com- (a) Federal funds made available for merical services presently broadcasting den and a new commercial service, be it a to the metropolitan complex. One pos­ standard commercial station or a sub­ general cash-for-food assistance and sible path for the existing UHF stations scription television station, on Channel special cash assistance under the Pro­ in a market of this size is to do selective 57 located in Philadelphia proper. We gram shall be used to reimburse School programing directed to subcultures. On take our actions in Philadelphia and Food Authorities in connection with the overall view, in this proceeding, it Camden and Atlantic City in southern lunches served to children of high school New Jersey (providing southern New is our belief that it will be most prudent grade or under in accordance with the to avoid making allocation decisions on Jersey with a new opportunity for non­ economic issues. It has been our policy commercial educational television at At­ provisions of this part: Provided, how­ to determine such matters at the time lantic City as well as Camden) as ever, That, with the approval of FNS, of application. We adhere to that policy. advancing the public interest, conven­ any State Agency, or FNSRO where ap­ 9. In its comment Tri-State voices its ience and necessity. plicable, may reserve for use in carrying intention to apply for Channel *57 at 11. Authority for the actions we take out special developmental projects an herein is contained in sections 4(i), 303 Philadelphia as an “educational” station amount equal to not more than one per and therefore prays its continued reser­ (g) and (r), and 307(b) of the Com­ vation. It is Tri-State’s clear and under­ munications Act of 1934, as amended. centum of the sum of the Federal funds lined intention to simply use the Channel 12. Accordingly, it is ordered, That ef­ initially apportioned to it for any flsoa *57 facility as a network or transmitting fective May 28, 1971, the Table of As­ year, beginning with the fiscal year UWL center to serve smaller ITFS systems in signments in § 73.606(b) of the Commis­ for general cash-for-food assistance an sion’s rules is amended, insofar as the the area. It states that the Channel *57 special cash assistance. facility will be used solely by it to inter­ cities listed below are concerned, to read connect ITFS systems, providing pro­ as follows: £ * * * * graming directed in its entirety toward City Channels Nos. Effective date. This amendment shall in-school consumption. Although we do Atlantic City, N.J______5 *18, *36, 53 become effective upon publication in the not here propose to determine the suc­ Camden, N.J______*23 F ederal R egister (4-22-71). cessful applicant for Channel 57, we Philadelphia, Pa__ 3, 6-, 10, 17, 29, *35, 57 wish to point out the following without Approved: April 16, 1971. prejudice to any application Tri-State 5 Following the decision in Docket No. R ichard E. Lyng, files for the channel. The concept of a 18261, channels so indicated will not be Assistant Secretary. reserved noncommercial educational available for television use until further ac­ station, or what has become to be called tion by the Commission. [FR Doc.71-5632 Filed 4-21-71;8:51 ami

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 RULES AND REGULATIONS 7593

[Arndt. 4] § 220.15- Use of funds. Chapter VII— Agricultural Stabiliza­ pART 215— SPECIAL MILK PROGRAM Federal funds made available for the tion and Conservation Service (Agri­ FOR CHILDREN Nonfood Assistance Program shall be cultural Adjustment), Department of used to reimburse schools drawing Agriculture Use of Funds attendance from areas in which poor economic conditions exist, that have no SUBCHAPTER B— FARM MARKETING QUOTAS Regulations for the operation of the equipment or grossly inadequate equip­ AND ACREAGE ALLOTMENTS Special Milk Program for Children (32 ment, in connection with the cost of P.R. 12587, 34 F.R. 807, 35 F.R. 3900, 35 PART 724— BURLEY, FIRE-CURED, equipment to establish, maintain, and DARK AIR-CURED, VIRGINIA SUN- PR. 18953) are hereby further amended. expand school food service programs, Section 215.6 is r e v is e d to read as in accordance with the provisions of this CURED, CIGAR-BINDER (TYPES 51 follows: part: Provided, however, That, with the AND 52), CIGAR-FILLER AND § 215.6 Use of funds. approval of FNS, any State Agency, or BINDER (TYPES 42, 43, 44, 53, Federal funds made available under FNSRO where applicable, may reserve 54, AND 55), AND MARYLAND the Program shall be used to encourage for use in carrying out special develop­ TOBACCO the consumption of milk through reim­ mental projects an amount equal to not bursement payments to schools and more than one per centum of the sum Subpart— Proclamations, Determina­ child-care institutions in connection of the Federal funds initially apportioned tions and Announcements of Na­ with the purchase of milk for service to to it for any fiscal year, beginning with tional Marketing Quotas and children in accordance with the pro­ the fiscal year 1971, for the Nonfood Referendum Results visions of this part: Provided, however, Assistance Program. That, with the approval of FNS, any Effective date. This amendment shall Basis and purpose. Section 724.1 is State Agency, or FNSRO where appli­ become effective upon publication in the issued pursuant to and in accordance with the Agricultural Adjustment Act of cable, may reserve for use in carrying F ederal R egister (4-22-71). out special developmental projects an 1938, as amended, and as further amount equal to not more than 1 per Approved: April 16,1971. amended by Public Law 92-10, approved April 14, 1971, hereinafter referred to centum of the initial apportionment of R ichard E. Lyng, ' Federal funds so made available for any Assistant Secretary. as the “Act”, to proclaim a national marketing quota on a poundage basis for fiscal year, beginning with the fiscal [FR Doc.71-5634 Filed 4-21-74;$:5l am] year 1971. Burley tobacco for each of the 3 market­ ing years beginning October 1, 1971, Oc­ Effective date. This amendment shall [Arndt. 2] tober 1, 1972, and October 1, 1973. Sec­ become effective upon publication in the tion 724.11 is issued pursuant to the Act Federal R egister (4-22-71). PART 225— SPECIAL FOOD SERVICE to determine and announce the amounts Approved: April 16, 1971. PROGRAM FOR CHILDREN of the national marketing quota and the national reserve, and the national fac­ R ichard E. Lyng, Use of Funds tor for the 1971-72 marketing year. The Assistant Secretary. Regulations for the operation of the material previously appearing in these [FR Doc.71-5633 Filed 4-21-71:8:51 am] Special Food Service Program for Chil­ sections under centerhead Determi­ dren (35 F.R. 6255, 35 F.R. 7777) are nations and Announcements— 1970-71 hereby further amended. In § 225.6, Marketing Year remain in full force and [Arndt. 7] paragraph (a) is revised to read as effect as to the crop to which it was PART 220— SCHOOL BREAKFAST AND follows: applicable. NONFOOD ASSISTANCE PRO­ Public Law 92-10, added a new section § 225.6 Use o f funds. (section 319) to the Act which provides GRAMS AND STATE ADMINISTRA­ (a) Federal funds made available forfor poundage quotas for Burley tobacco. TIVE EXPENSES the Program shall be used to reimburse Section 319(a) provides, in part, that Use of Funds service institutions in connection with notwithstanding any other provision of meals served to children in accordance law the Secretary shall, within 30 days Regulations for the operation of the with the provisions of this part, except following the enactment of this section, School Breakfast and Nonfood Assist­ that not to exceed 25 per centum of the proclaim national marketing quotas for ance Programs and State Administra­ funds so made available may be used to the 3 marketing years beginning Octo­ tive Expenses (32 F.R. 33, 32 F.R. 13215, assist service institutions by paying not ber 1, 1971, as provided in this section. 33 F.R. 14513, 33 F.R. 15631, 34 F.R. 807, to exceed 75 per centum of the cost Within 30 days following such proclama­ 35 F R . 3001, 36 F.R. 3043) are hereby incurred for the purchase or rental of tion, the Secretary shall conduct a ref­ further amended. Sections 220.6 and equipment to enable the service institu­ erendum of the farmers engaged in the 220.15 are revised to read as follows: tions to establish, maintain, and expand production of the 1970 crop of Burley § 220.6 Use of funds. food service under this part: Provided, tobacco to determine whether they favor however, That, with the approval of FNS or oppose the establishment of farm mar­ Federal funds made available under any State Agency, or FNSRO where keting quotas on a poundage basis for the School Breakfast Program shall be applicable, may reserve for use in carry­ the 3 marketing years beginning Octo­ used to reimburse schools in connection ing out special developmental projects ber 1, 1971. with breakfasts served to needy children an amount equal to not more than one Section 319(b) provides, in part, that °f high school grade or under in accord- per centum of the initial apportionment notice of the farm marketing quota sjice with the provisions of this part: of Federal funds so made available for which will be in effect for his farm for Provided, however, That, with the ap­ any fiscal year, beginning with the fiscal the first marketing year covered by any proval of FNS, any State Agency, or year 1971. referendum under this section shall * * * * * insofar as practicable be mailed to the FNSRO where applicable, may reserve farm operator in sufficient time to be for use in carrying out special develop­ Effective date. This amendment shall received prior to the referendum. mental projects .an amount equal to not become effective upon publication in the Section 319(c) provides that the na­ more than 1 per centum of the sum of F ederal R egister (4-22-71). tional marketing quota determined under he Federal funds initially apportioned Approved: April 16,1971. this section for Burley tobacco for any marketing year shall be the amount pro­ it for any fiscal year,.beginning with R ichard E. Lyng, the fiscal year 1971, for the School duced in the United States which the Assistant Secretary. Secretary estimates will be utilized in Breakfast Program. [FR Doc.71-5635 Filed 4-21-71;8:51 am] the United States and will be exported

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7594 RULES AND REGULATIONS during such marketing year, adjusted of the preliminary farm marketing (Secs. 301, 319, 375, 52 Stat. 38, as amended upward or downward in such amount as quotas would result in a national factor 85 Stat. 23, 52 Stat. 66, as amended; 7 USc' the Secretary, in his discretion, deter­ of 0.87. However, § 319(e) provides that 1301,1314e, 1375) mines is desirable for the purpose of the national factor shall not be less than Effective date. Date of filing this docu­ maintaining an adequate supply or for 0.95, and this will result in about 555 mil­ ment with the Director, Office of the effecting an orderly reduction of supplies lion pounds being allotted to farms. Federal Register. to the reserve supply level. Any such Public notice was given (35 F.R. 18400) downward adjustment shall not exceed 5 Signed at Washington, D.C. on April that the Secretary was preparing to 20,1971. per centum of such estimated utilisation proclaim a national marketing quota for and exports. For each marketing year burley tobacco for each of the marketing Clifford M. Hardin, for which marketing quotas are in effect years beginning October 1, 1971, Octo­ Secretary of Agriculture. under this section, the Secretary in his ber 1,1972, and October 1,1973, pursuant [PR Doc.71-5701 Filed 4r-21-71;9:00 am] discretion may establish a reserve (here­ to § 312 of the Agricultural Adjustment inafter referred to as the “national re­ Act of 1938, as amended on an acreage [Arndt. 10] serve” ) from the national marketing basis. However, since that notice was quota in an amount not in excess of given, Public Law 92-10, was enacted pa rt 724— BURLEY, FIRE-CURED, 1 per centum of the national marketing which makes necessary the proclamation DARK AIR-CURED, VIRGINIA SUN- quota to be available for making cor­ of quotas on a poundage basis, as in­ rections and adjusting inequities in farm CURED, CIGAR-BINDER (TYPES SI dicated above. AND 52), CIGAR-FILLER AND marketing quotas, and for establishing In view of the fact that farmers are marketing quotas for new farms. preparing to plant the 1971 burley crop BINDER (TYPES 42, 43, 44, 53, Section 319(e) provides, in part, that and need to know the 1971 farm market­ 54, AND 55), AND MARYLAND a preliminary farm marketing quota ing quotas for their farms, and since a TOBACCO shall be determined for each farm for referendum is required to be conducted which a Burley tobacco acreage allot­ to determine whether quotas will be in Subpart— Tobacco Allotment and ment was established for the marketing effect and the Act requires that, insofar Marketing Quota Regulations, year beginning October 1,1970, by multi­ as possible, farmers will be notified of the 1968-69 and Subsequent Market­ plying the farm yield by the farm acre­ marketing quotas for their farms prior ing Years age allotment established for such farm to the referendum, it is hereby deter­ for the marketing year beginning Oc­ mined that compliance with the notice, Establishment of 1971 Poundage Quotas tober 1, 1970. For each farm for which procedure, and 30 day effective date for B urley T obacco cuch a preliminary farm marketing provisions of 5 U.S.C. 553 is impracticable This amendment is issued pursuant to quota is determined, a farm marketing and contrary to the public interest. the Agricultural Adjustment Act of 1938, quota for the first year shall be deter­ Therefore, this document shall be effec­ as amended (7 U.S.C. 1281 et seq.), for mined by multiplying the preliminary tive upon filing with the Director, Office the purpose of establishing 1971 market­ farm marketing quota by a national fac­ of the Federal Register. ing quotas for Burley tobacco on a tor. This national factor shall be ob­ poundage basis, as authorized by Public P roclamation of Q uotas tained by dividing the national market­ Law 92-10, approved April 14, 1971. ing quota (less the national reserve) by § 724.1 Burley t o b a c c o— 1971—72, This amendment adds a new § 724.74 the sum of all preliminary farm market­ 1972-73, and 1973-74 Marketing to the regulations in this subpart. Para­ ing quotas: Provided, That such national Years. graph (a) of § 724.74 makes the amend­ factor shall not be less than 95 per ment applicable only to the determina­ centum. Pursuant to the provisions of Public Law 92-10, approved April 14, 1971, a tion of 1971 farm marketing quotas for The reserve supply level is 1,584 million national marketing quota on a poundage Burley tobacco. pounds, based upon a- normal years basis for burley tobacco for each of the The procedure for determining farm domestic consumption of 515 million 3 marketing years beginning October 1, yields under the poundage program is pounds and a normal years exports of 56 1971, October 1, 1972, and October 1, set out in paragraph (b). Public Law million pounds. The average domestic 1973, is hereby proclaimed. 92-10 provides that farm yields shall be usage for the past 10 marketing years determined for each farm for which a amounts to 530 million pounds. Domestic D eterminations and A nnouncements— Burley tobacco acreage allotment was use has averaged 523 million pounds dur­ 1971-72 M arketing Y ear established for the marketing year be­ ing the past 3 marketing years and is §724.11 Burley tobacco. ginning October 1,1970. expected to be about 495 million pounds Paragraph (c) sets forth the procedure for the 1970-71 marketing year. The 10 (a) National marketing quota. A na­ for determining preliminary farm year average exports amounted to 53 tional marketing quota for burley marketing quotas by multiplying the million pounds. Exports have averaged tobacco on a poundage basis for the farm yield by the 1970 farm acreage 55 million pounds during the past 3 mar­ marketing year beginning October 1, allotment, prior to any adjustment for keting years and are expected to be about 1971 is hereby determined and announced violations of the tobacco marketing 60 million pounds during the 1970-71 in the amount of 513 million pounds, quota regulations. marketing year. In view of these data calculated, as provided in the Act, by adjusting the estimated disappearance Paragraph (d) sets forth the proce­ and estimates, a reserve supply level of dure for determining farm marketing 1,584 million pounds appears reasonable. of 540 million pounds downward by 27 million pounds. quotas for the 1971 crop year. Public The total supply of 1,903 million Law 92-10 provides that a farm market­ pounds for 1970-71 marketing year ex­ (b) National factor. The national ing quota for the first year the legislation ceeds the reserve supply level by 319 mil­ factor determined to be necessary to is in effect shall be determined by multi­ lion pounds. In determining the amount apportion the national quota to farms plying the preliminary farm marketing of the national marketing quota for the would be 0.87; however, as provided in quota by a national factor obtained by 1971-72 marketing year, the estimated § 319(e) of the Act, the national factor dividing the national marketing quota total disappearance of 540 million to be applied to each 1971 farm pre­ (less the national reserve) by the sum of pounds, with the'maximum adjustment liminary farm marketing quota to obtain all preliminary farm marketing quotas permitted by § 319(c) of the act of 5 the farm’s 1971 farm marketing quota is determined under paragraph (c ), but percent or 27 million pounds, would result 0.95. with a proviso that such factor shall not in a quota of 513 million pounds. The sum (c) National reserve. The national be less than 95 per centum. The national of the preliminary farm marketing reserve for making corrections and ad­ marketing quota less the reserve is 511.5 quotas for the 1971-72 marketing year is million pounds. The total of all prelimi­ 582.5 million pounds. The quota of 513 justing inequities in old farm quotas and nary farm marketing quotas is 582.5 million pounds, less a national reserve of for establishing quotas for new farms million pounds. A factor of 0.87 was 1.5 million pounds, divided by the sum is 1.5 million pounds. determined by dividing the national

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 RULES AND REGULATIONS 7595 marketing quota by the total of the pre­ dividing the total pounds of Burley to­ Correction of errors shall be made out of liminary farm marketing quotas. The bacco produced on such farm by the total that portion of the national reserve held law provides that, since this factor is acreage of Burley tobacco harvested at the national level. less than 0.95, 0.95 must be used as the from such farm for each respective year. (2) Basis for adjustment. Increases to national factor in determining farm The yield per acre for a farm during any adjust inequities in quotas shall be made marketing quotas for. 1971. year of the period 1966 through 1970 on the basis of the past acreages and Paragraph (e) provides for the correc­ shall be the actual yield for the farm as yields of tobacco, making due allowances tion of errors and adjusting inequities constituted for such year. for flood, hail, other abnormal weather in marketing quotas for old farms. Para­ (2) A simple average of the yields perconditions, plant bed, and other disease; graph (f) provides for the determination acre for each farm for the 4 highest land, labor and equipment available for of farm marketing quotas for farms re­ of the 5 consecutive crop years beginning the production of tobacco; crop rotation constituted by division or combination with the 1966 crop shall be determined, practices; and the soil and other physical effective for 1971. Paragraph (g) pro­ or, if burley tobacco was not produced factors affecting the production of to­ vides for the pooling, transfers, releasing on the farm for at least 4 years of the bacco. Not more than 1 percent of the and reapportionment of the farm 5-year period, the average of the yields national marketing quota minus that marketing quotas for farms acquired by for the years in which tobacco was pro­ part of the national reserve set aside for an agency having the right of eminent duced shall be computed. Any farm yield establishing new farm marketing quotas domain. determined under this subparagraph shall be made available for adjusting in­ shall not exceed 3,500 pounds per acre. equities and correction of errors. The Provision is made in paragraph (h) total of all adjustments in old farm for establishing farm marketing quotas v (3) If no burley tobacco was produced on the farm in the 5-year period (1966- quotas in any county under this para­ and farm yields for new farms. Appli­ graph shall not exceed the pounds ap­ cants for new farm quotas are required 70) but the farm was considered as hav­ portioned to the county by the State of­ to meet the conditions of eligibility for ing planted burley tobacco during fice for such purpose. The sum of ad­ new farm acreage allotments in § 724.63 the immediate preceding 5 years, the the farm yield shall be appraised by the justments for farms in the county owned, of the regulations in this subpart. Para­ operated, or controlled by State, county, graph (h) implements the provisions in county committee. Such appraised farm and community committeemen and the Public Law 92-10. yield shall be based on farm yields estab­ lished for similar farms in the area on county executive director shall not be Paragraph (i) provides for notifying larger in relation to the sum of the 1971 operators of farms of the established which burley tobacco was produced dur­ preliminary farm marketing quotas for farm marketing quotas. ing such 5-year period. Any farm yield appraised under this subparagraph shall such farms than the sum of the adjust­ As provided by law a referendum of not exceed 3,500 pounds per acre. ments for other farms in the county in growers is to be held on May 4, 1971, relation to the 1971 preliminary farm to determine whether farmers favor (c) Preliminary farm marketing quota. marketing quotas for such farms. marketing quotas on burley tobacco for A preliminary farm marketing quota (3) CR, CCP, and CAP farms. The the 1971-72, 1972-73, and 1973-74 shall be determined for each farm quota for a farm under a conservation marketing years. Since a notice of farm for which a burley tobacco acreage allot­ reserve contract, or a farm under a crop­ marketing quota must, by statute, insofar ment was established for the marketing land conversion program agreement, or as practicable, be mailed to each operator year beginning October 1, 1970. Such land under a cropland adjustment pro­ of a farm having a burley tobacco allot­ quota shall be determined by multiplying gram agreement shall.be given the same ment prior to the date of the referendum, the farm yields determined under para­ consideration under this paragraph as it is essential that the amendment be graph (b) by the 1970 burley tobacco the quotas for other old farms. acreage allotment (prior to any reduc­ effective at the earliest possible date. (4) Approved quota. Adjustments in a Accordingly, it is found that compliance tion for violation of the tobacco market* ing quota regulations). farm quota under this paragraph shall with the notice, public procedure and become a part of the farm marketing effective date requirements of 5 U.S.C. (d) 1971 farm marketing quota. For quota. 553 is impracticable and contrary to the each farm for which a preliminary farm marketing quota is determined under (f) Determination of quotas for divided public interest, and the amendment con­ or combined farms. Farm marketing tained herein shall become effective upon paragraph (c ), the 1971 farm marketing quota shall be determined by multiply­ quotas for farms reconstituted effective the date of filing with the Director, Office for 1971 shall be determined pursuant to of the Federal R egister. ing the preliminary farm marketing quota by 0.95 national factor. If there the provisions of paragraphs (b) through § 724.74 Determining 1971 poundage is carried over on the farm any penalty- (d) of this section. quotas for Burley tobacco. free Burley tobacco from the 1970-71 (g) Marketing quotas for farms ac­ (a) General. Farm marketing quotas marketing year, the farm shall receive, quired under the right of eminent on a poundage basis shall be established for 1971 only, an upward adjustment in domain— (1) Marketing quotas. The under the provisions of this section for the farm marketing quota equal to the transfer of farm marketing quotas for each farm for which a Burley tobacco amount of such carryover tobacco. farms acquired by an agency having the acreage allotment was established for (e) Correction of errors and adjust­ right of eminent domain to a pool and the marketing year beginning October 1, ing inequities in marketing quotas for old reallocation from the pool shall be ad­ 1970. Sections 724.51 through 724.54, farms— (1) General. Notwithstanding ministered as provided in Part 719 of this 724.66, and 724.67, insofar as applicable, any other provision of this section, the chapter, substituting farm marketing shall apply to the determination under farm marketing quota for an old farm quotas for farm acreage allotment. If the this section. Section 724.59 shall apply, may be adjusted to correct an error or acreage allotment for a farm acquired substituting farm marketing quota for adjust an inequity if the county commit­ by an agency having the right of eminent farm acreage allotment. This section also tee determines, with the approval of a domain was transferred to a pool prior governs the establishment of farm representative of the State committee, to the determination of 1971 farm mar­ marketing quotas for new farms for that the adjustment is necessary to es­ keting quotas pursuant to this section, 1971. tablish a quota for such farm which is the allotment in the pool shall be con­ (b) Determining farm yields. A farm fair and equitable in relation to the verted to a marketing quota by multiply­ yield shall be determined for each farm quotas for other old farms in the com­ ing the allotment by the farm yield de­ for which a Burley tobacco acreage allot­ munity in which the farm is located. The termined as provided in paragraph (b) ment was established for the marketing reserve for adjusting inequities under of this section. year beginning October 1, 1970. Such this paragraph will not be prorated to (2) Release and reapportionment. The yield shall be determined as follows: States based on the relationship of the displaced owner of a farm may, not later (1) An average yield per acre for each total of the preliminary farm marketing than May 15, 1971, release in writing to farm for each year of the period 1966 quotas in each State to the national total the county committee for 1971 all or through 1970 shall be determined by of preliminary farm marketing quotas. part of the farm marketing quota in a

FEDERAL REGISTER, VOL. 36, NO. 78—-THURSDAY, APRIL 22, 1971 75% RULES AND REGULATIONS pool under Part 719 of this chapter for the records of the county committee to hereinafter set forth. The committer reapportionment for 1971 by the county be entitled to a farm marketing quota. held an open meeting during the current committee to other farms in the county The notice to the operator of the farm week, after giving due notice thereof, to having quotas for Burley tobacco. The shall constitute notice to all persons who consider supply and market conditions county committee may reapportion, not as operator, landlord, tenant, or share­ for Navel oranges and the need for regu­ later than June 1,1971, the released farm cropper are interested in the farm for lation; interested persons were afforded marketing quota or any part thereof to which the farm marketing quota is an opportunity to submit information other farms in the county on the basis established. Insofar as practicable, all and views at this meeting; the recom­ of the past farm acreage allotments and notices of farm marketing quotas shall mendation and supporting information farm yields for Burley tobacco, land, be mailed in time to be received prior for regulation during the period specified labor, and equipment available for the to the date of the referendum to be held herein were promptly submitted to the production of Burley tobacco, crop rota­ on May 4,1971. Department after such meeting was tion practices, soil and other physical (Secs. 313, 319, 52 Stat. 47, as amended, 85 held; the provisions of this section, in­ factors affecting the production of Burley Stat. 23; 7U.S.C. 1313,1314e) cluding its effective time, are identical tobacco. The marketing quota released Effective date. Date of filing this docu­ with the a'foresaid recommendation of shall, for future quota purposes, be con­ the committee, and information con­ sidered to have remained in the pool as ment with the Director, Office of the Federal Register. cerning such provisions and effective though it had not been released. No re­ time has been disseminated among lease and reapportionment of marketing Signed at Washington, D.C. on April handlers of such Navel oranges; it is quota shall be the result of any private 20,1971. necessary, in order to effectuate the de­ negotiations between individuals. Any clared policy of the act, to make this quota released shall be released to the K enneth E. F rick, Administrator, Agricultural Sta­ section effective during the period herein county committee and shall be reappor­ specified; and compliance with this sec­ tioned only by the county committee. Any bilization and Conservation Service. tion will not require any special prepara­ such Release or reapportionment of acre­ tion on the part of persons subject hereto age shall be treated as a release or re­ [FR Doc.71-5703 Filed 4-21-71; 9:00 am] which cannot be completed on or before apportionment of marketing quotas. the effective date hereof. Such commit­ (h) New farms— (1) Farm marketing tee meeting was held on April 20,1971. quota. The farm marketing quota for a Chapter IX— Consumer and Market­ ing Service (Marketing Agreements (b) Order. (1) The respective quan­ new farm (that is, a farm for which a tities of Navel oranges grown in Arizona farm marketing quota is not otherwise and Orders; Fruits, Vegetables, and designated part of California which established) meeting the conditions of Nuts), Department of Agriculture eligibility for a new farm acreage allot­ may be handled during the period [Navel Orange Reg. 235] April 23,1971, through April 29,1971, are ment set forth in § 724.63 of the regula­ hereby fixed as follows: tions in this subpart shall be determined PART 907— NAVEL ORANGES (1) District 1: 770,000 cartons; by the county committee with the GROWN IN ARIZONA AND DESIG­ approval of the State committee to be (ii) District 2: 230,000 cartons; fair and reasonable for the farm on the NATED PART OF CALIFORNIA (iii) District 3: unlimited. basis of the past Burley tobacco experi­ Limitation of Handling (2) As used in this section, “handled,” ence of the farm operator; land, labor, “District 1,” “District 2,“ “District 3,” and equipment available for the produc­ § 907.535 Navel Orange Regulation 235. and “carton” have the same meaning as tion of Burley tobacco; crop rotation (a> Findings. (1) Pursuant to the when used in said amended marketing practices; and the soil and other physical marketing agreement, as amended, and agreement and order. factors affecting the production of Bur­ Order No. 907, as amended (7 CFR Part (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. ley tobacco. No 1971 farm marketing 907, 35 F.R. 16359), regulating the 601-674) quota for a new farm will be determined handling of Navel oranges grown in unless a written application for a new Arizona and designated part of Califor­ Dated: April 21,1971. farm acreage allotment for 1971 was filed nia, effective under the applicable pro­ P aul A. Nicholson, by the farm operator as provided in visions of the Agricultural Marketing Deputy Director, Fruit and § 724.63(b) (8). Any such application for Agreement Act of 1937, as amended (7 Vegetable Division, Consumer a new farm acreage allotment will be U.S.C. 601-674) , and upon the basis of and Marketing Service. treated as an application for a new farm the recommendations and information [FR Doc.71-5717 Filed 4-21-71; 11:17 am] marketing quota for 1971. The farm mar­ submitted by the Navel Orange Adminis­ keting quota for a new farm shall not ex­ trative Committee, established under the ceed 50 per centum of the average of the said amended marketing agreement and [Valencia Orange Reg. 344] farm marketing quotas for similar farms order, and upon other available informa­ PART 908— VA LEN CIA ORANGES for which farm marketing quotas are tion, it is hereby found that the limita­ otherwise established. The number of tion of handling of such Navel oranges, GROWN IN ARIZONA AND DESIG­ pounds allocated to all new farms shall as hereinafter provided, will tend to NATED PART OF CALIFORNIA not exceed that portion of the national effectuate the declared policy of the act. Limitation of Handling reserve provided by the Secretary for (2) It is hereby further found that it establishing quotas for new farms. If no is impracticable and contrary to the § 908.644 Valencia Orange Regulation tobacco is planted on a farm for which a 344. new farm marketing quota is determined public interest to give preliminary for 1971, the 1971 farm marketing quota notice, engage in public rule-making (a) Findings. (1) Pursuant to the will be reduced to zero. procedure, and postpone the effective marketing agreement, as amended, and date of this section until 30 days after Order No. 908, as amended C7 CFR Part (2) Farm yields. A farm yield shall publication hereof in the Federal 908, 35 F.R. 16625), regulating the han­ be established for each new farm for R egister (5 U.S.C. 553) because the time dling of Valencia oranges grown in Ari­ which a farm marketing quota is estab­ intervening between the date when in­ zona and designated part of California, lished under subparagraph (1) of this formation upon which this section is effective under the applicable provisions paragraph. Such yield shall be appraised based became available and the time by the county committee based on farm of the Agricultural Marketing Agreement when this section must become effective A/»f. /if 1Q57 oc atnondorl Î7 TT S C. 601“ yields established for similar farms in in order to effectuate the declared policy 674), and upon the basis of the recom­ the area. of the act is insufficient, and a reason­ (i) Notice of farm marketing quota. able time is permitted, under the cir­ mendations and information submitted An official notice of farm marketing cumstances, for preparation for such by the Valencia Orange Administrative quota on a poundage basis shall be mailed effective time; and good cause exists for Committee, established under the said to the operator of each farm shown by making the provisions hereof effective as amended marketing agreement and

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, T971 RULES AND REGULATIONS 7597 order, and upon other available informa­ [Grapefruit Reg. 11, Arndt. 2] Chapter XIV— Commodity Credit Cor­ tion, it is hereby foun<^ that the limita­ PART 944— FRUIT; IMPORT poration, Department of Agriculture tion of handling of such Valencia oranges, as hereinafter provided, will REGULATIONS SUBCHAPTER C— EXPORT PROGRAMS tend to effectuate the declared policy of Grapefruit PART 1488— FINANCING OF SALES the act. - - OF AGRICULTURAL COMMODITIES (2) It is hereby further found that it Pursuant to the provisions of section is impracticable and contrary to the 8e of the Agricultural Marketing Agree­ Subpart A— Financing of Export Sales public interest to give preliminary notice, ment Act of 1937, as amended (7 U.S.C. 601-674), the introductory language and of Agricultural Commodities From engage in public rule-making procedure, Private Stocks Under CCC Export and postpone the effective date of this subparagraph (2) of paragraph (a) in section until 30 days after publication Grapefruit Regulation 11 (§ 944.107, 35 Credit Sates Program (GSM—4, Re­ hereof in the F ederal R egister (5 U.S.C. F.R. 14537, 36 F.R. 5964), are hereby vision II) 553) because the time intervening be­ amended to read as follows: The regulations governing the CCC tween the date when information upon § 944.107 Grapefruit Regulation 11. Export Credit Sales Program, as revised which this section is based became avail­ (a) On and after April 19, 1971, theand published in the F ederal R egister able and the time when this section must on December 16, 1969 (34 F.R. 19705- become effective in order to effectuate the importation into the United States of 19710), are further revised as follows, declared policy of the act is insufficient, any grapefruit is prohibited unless such to provide that all accounts receivable and a reasonable time is permitted, grapefruit is inspected and meets the arising from financing export credit sales under the circumstances, for preparation following requirements: and assigned to CCC may be evidenced for such effective time; and good cause * * * * * by documents other than negotiable in­ exists for making the provisions hereof struments, to provide for the submission effective as hereinafter set forth. The (2) Seedless grapefruit, other than to the Assistant Sales Manager for Ex­ committee held an open meeting during pink seedless grapefruit, shall grade at port Credit, EMS, of all applications for the current week, after giving due notice least Improved No. 2 (“Improved No. 2” financing, to permit announcement of thereof, to consider supply and market shall mean grapefruit grading at least conditions for Valencia oranges and the the list of eligible commodities and cur­ need for regulation; interested persons U.S. No. 2 and also meeting the require­ rent interest rates in a publication other were afforded an opportunity to submit ments of the U.S. No. 1 grade as to shape than the CCC Monthly Sales List, and to information and views at this meeting; (form) and color.), and pink seedless clarify existing discretionary authority the recommendation and supporting in­ grapefruit shall grade at least U.S. No. 2 with respect to the acceptance of, and formation for regulation during the pe­ Russet; and riod specified herein were promptly sub­ the interest rates applicable to, bank ob­ mitted to the Department after such * * * * * ligations. In addition, certain other meeting was held; the provisions of this It is hereby found that it is imprac­ changes are made to conform with exist­ section, including its effective time, are ticable, unnecessary, and contrary to the ing procedural requirements and organi­ identical with the aforesaid recommen­ public interest to give preliminary notice, zational functions and assignments in dation of the committee, and information concerning such provisions and effective engage in public rule-making procedure, the Department. time has been disseminated among and postpone the effective time of this Sec. handlers of such Valencia oranges; it is amendment beyond that hereinafter 1488.1 General statement. necessary, in order to effectuate the de­ 1488.2 Definition of terms. specified (5 U.S.C. 553) in that (a) the 1488.3 Submission of applications for fi­ clared policy of the act, to make this requirements of this amended import nancing. section effective during the period herein regulation are imposed pursuant to sec­ 1488.4 Coverage of bank obligiations. specified; and compliance with this sec­ 1488.5 CCC drafts. tion will not require any special prepara­ tion 8e of the Agricultural Marketing 1488.6 Interest charges. tion on the part of persons subject hereto Agreement Act of 1937, as amended (7 1488.7 Expiration of period for delivery and which cannot be completed on or before U.S.C. 601-674), which makes such reg­ export. the effective date hereof. Such committee 1488.8 Advance payment. ulation mandatory; (b) such regulation 1488.9 Documents required after delivery. meeting was held on April 20, 1971. imposes the same restrictions on imports (b) Order. (1) The respective quanti­ 1488.10 Evidence of export and warranty. of all grapefruit as the grade and size 1488.11 Evidence of entry into country of ties of Valencia oranges grown in Ari­ destination. zona and designated part of California restrictions being made applicable to the 1488.12 Liability for payment. which may be handled during the period shipment of all grapefruit grown in Flor­ 1488.13 Liquidated damages. April 23, 1971, through April 29, 1971, ida under amended Grapefruit Regula­ 1488.14 Assignment. are hereby fixed as follows: tion 69 (§ 905.525) ; (c> compliance with 1488.15 Covenant against contingent fees. (i) District 1: 86,911 cartons; 1488.19 Shipment of commodities on vessels this amended import regulation will not calling at Cuban and North Viet­ (ii) District 2: 96,054 cartons; namese ports. (iii) District 3: 146,950 cartons; require any special preparation which cannot be completed by the effective time 1488.17 Officials not to benefit. ».t-I2* usec* in this section, “handler," 1488.18 Exporter’s records and accounts. District 1,” “District 2,” “District 3,” hereof; and (d) this amendment relieves 1488.19 Communications. and “carton" have the same meaning as restrictions on the importation of pink A u t h o r it y : The provisions of this Subpart when used in said amended marketing seedless grapefruit. A issued under sec. 5 (f), 62 Stat. 1071, 15 agreement and order. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. T7.S.C. 714c; sec. 407, 63 Stat. 1055, as ln,ecs‘ 1-19> 48 Stat. 31, as amended; 7 U.S.C. 601-674) amended, 7 U.S.C. 1427; sec. 4, 80 Stat. 1538, 601-674) 7 U.S.C. 1707a. Dated April 16, 1971, to become effec­ Dated: April 21, 1971. tive April 19, 1971. G eneral R egulations § 1488.1 General statement. P aul A. Nicholson, Paul A. Nicholson, Deputy Director, Fruit and Acting Director, Fruit and Vege­ (a) Except as otherwise provided in Vegetable Division, Consumer table Division, Consumer and this paragraph (a), the regulations con­ and Marketing Service. Marketing Service. tained in this Subpart A supersede [FR Doc.71-5718 Filed 4-21-71; 11:17 am] [FR Doc.71-5594 Filed 4-21-71;8:47 am] GSM-4, Revised December 1969, and set

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7598 RULES AND REGULATIONS forth the terms and conditions govern­ (d) “CCC” means the Commodity requirements of the U.S. Department of ing the CCC Export Credit Sales Pro­ Credit Corporation, U.S. Department of Commerce. gram (GSM-4). The maximum financing Agriculture. (l) “Financing agreement” means the period shall be 3 years. GSM-4, Revised (e) “Commercial risk” means risk of financing approval issued by the Assist­ December 1969, shall remain in effect for loss due to any cause other than a po­ ant Sales Manager for Export Credit, all transactions under financing approv­ litical risk. EMS, including the terms and conditions als issued thereunder. (f) (1) “Delivery” means the delivery, of the regulations in this subpart and (b) On approval by CCC of an applica­ either before or at point of export, re­ any amendments thereto in effect on the tion for financing under this program, an quired by the export sale contract to date of the issuance of the letter of eligible .exporter may, but will not be transfer to the importer full or condi­ credit. obligated to, make export sales of agri­ tional title to the agricultural commodi­ (m) “Financing approval” means the cultural commodities from private stocks ties. Delivery before export shall be at exporter’s written application for financ­ on a deferred payment basis in accord­ a warehouse in the United States accept­ ing as approved by the Assistant Sales ance with the applicable financing ar­ able to CCC. Delivery at point of export Manager for Export Credit, EMS. rangement. After delivery, subject to the shall be f.a.s. or f.o.b. export carrier at (n) “Financing period” means the terms and conditions set forth in this U.S. ports, at U.S. airports, at U.S. bor­ number of months specified in the fi­ subpart, CCC will purchase for cash the der points of exit or,’ if transshipped nancing approval. Such period shall start exporter’s account receivable arising through Canada via the Great Lakes, at on the date of delivery, or the weighted from such export sale. ports on the St. Lawrence River. average delivery date, of the commodities (c) The provisions of Public Law 83- (2) “Date of delivery” means the on­ to be exported under the financing agree­ 664 are not applicable to the exporter’s board date of the ocean bill of lading, ment, and shall expire on the expiration shipments under this program. or the date of airway bill, or, if exported of the bank obligation or the number of (d) The regulations contained in this by rail or truck, the date of entry shown months specified in the financing Subpart A may be supplemented by such on an authenticated landing certificate approval, whichever occurs first. additional terms and conditions, appli­ or similar document issued by an official (o) “Foreign bank” means a bank cable to specified agricultural commodi­ of the government of the importing which is neither a U.S. bank nor an ties, as may be set forth in supplements country, or, if delivery is before export, agency or branch bank, and includes a hereto, and, to the extent that they may the date(s) of the warehouse receipts or foreign branch of a U.S. bank. be in conflict or inconsistent with any other evidence of delivery, acceptable to (p) “Foreign importer” or “importer” other provisions of this Subpart A, such CCC, of the commodity to a warehouse. means the foreign buyer who purchases additional terms and conditions shall (g) “EMS” means the Export Market­ the commodities to be exported under a prevail. ing Service, U.S. Department of financing agreement and executes the § 1488.2 Definition o f terms. Agriculture. documents evidencing the account (h) “Eligible commodities” means receivable assigned to CCC. Terms used in this Subpart A are de­ those agricultural commodities, includ­ (q) “GSM-4” means the regulations fined as follows: ing eligible cotton, which are produced contained in this Subpart A setting forth (a) “Account receivable’’ means the in the United States and which are the terms and conditions governing the contractual obligation of the foreign im­ designated as eligible for export under CCC Export Credit Sales Program. porter to the exporter for the port value CCC’s Export Credit Sales Program in (r) “CCC announcement” means an of the commodity delivered for which a CCC published announcement. Com­ announcement published by CCC which the exporter is extending credit to the modities which have been purchased is in effect for the calendar month in importer. The account receivable shall be from CCC are eligible for export as pri­ which the financing approval is issued evidenced by documents, in form and vate stocks. Commodities shall not be and which includes the list of eligible substance satisfactory to CCC, establish­ eligible for financing under this pro­ commodities and interest rates under ing the contractual obligation between gram if they are exported under a barter GSM-4. the U.S. exporter and the foreign im­ contract or arrangement. (s) “Political risk” means risk of loss porter. The account receivable shall pro­ (i) “Eligible cotton” means Upland, due to (1) inability of the foreign bank vide for (1) payment of principal and American-Pima, Sea Island, and Sea- through no fault of its own to convert interest in U.S. dollars in the United land cotton grown in the United States: foreign currency to dollars, or (2) States, (2) interest in accordance with Provided, however, That reginned or re­ nondelivery into the eligible destina­ § 1488.6, and (3) acceleration of payment packed cotton, as defined in regulations tion of the commodity covered by a fi­ thereunder in accordance with GSM-4. of the U.S. Department of Agriculture nancing agreement through no fault of (b) “Agency or branch bank’’ means under the U.S. Cotton Standards Act the foreign bank or importer or exporter an agency or branch of a foreign bank, (§ 28.40 of this Title), byproducts of cot­ because of the cancellation by the gov­ supervised by New York State banking ton such as cotton mill waste, motes, ernment of the eligible destination of authorities or the banking authorities of and linters, and any cotton that contains previously issued valid authority to im­ any other State providing similar super­ any byproduct of cotton are not eligible port such shipment into the eligible des­ vision, and approved by the Vice Presi­ for export hereunder. CCC’s determina­ tination or because of the imposition of dent or the Controller, CCC. tion as to the eligibility of cotton here­ any law or of any order, decree, or regu­ (c) “Bank obligation” means an obli­ under shall be final. lation having the force of law which pre­ gation, acceptable to CCC, of a U.S. bank, (j) “Eligible exporter” or “exporter” vents the import of such shipment into an agency or branch bank, or a foreign means a person (1) who is regularly the eligible destination, or (3) inability bank to pay to CCC in U.S. dollars the engaged in the business of buying or of the foreign bank to make payment due amount of the account receivable, plus selling commodities and for this purpose to war, hostilities, civil war, rebellion, interest in accordance with § 1488.6. The maintains a bona fide business office in revolution, insurrection, civil commotion, bank obligation shall be in the form of the United States, its territories or pos­ or other like disturbance occurring in the an irrevocable letter of credit issued by sessions, and has someone on whom eligible destination, expropriation, or a U.S. bank or a branch bank, or con­ service of judicial process may be had confiscation, or other like action by the firmed or advised by a U.S. bank in ac­ within the United States, (2) who is government of the eligible destination cordance with § 1488.4. The bank obliga­ financially responsible, and (3) who is country. tion shall provide for payment under the not suspended or debarred from con­ (t) “Port value” means the net amount terms and conditions of the financing tracting with or participating in any of the exporter’s sales price of the com­ agreement and shall be payable not later program financed by CCC on the date of modity to be exported under the financ­ than the date of expiration of the financ­ issuance of his financing approval. ing agreement, basis f.a.s or f.o.b. export ing period or of the bank obligation, (k) “Eligible destination” means the carrier at U.S. ports, at U.S. border points whichever occurs first, if payment is not country which is named in the financing of exit, at U.S. airports if shipped by air, received from other sources. approval and which meets the licensing or, if transshipped through Canada via

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 197T RULES AND REGULATIONS 7599 the Great Lakes, at ports on the St. Law­ (10) If the commodity will be sold

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 Mo. 78— i 7600 RULES AND REGULATIONS

(i) CCC will consent to cancellation or the date of payment, or to the date of sales invoice to the intervening purchaser reduction of a bank obligation to the ex­ expiration of the financing period, or to and of the intervening purchaser’s sales tent that it receives payment from other the date of expiration of the bank obli­ invoice to the foreign importer. sources of amounts otherwise payable gation, whichever occurs first, and shall (4) If delivery is at point of export, under such bank obligation. be payable as specified in the financing two copies of the document evidencing (j) Collection of accounts receivable approval. Thereafter, interest shall ac­ export as provided in § 1488.10, and, if purchased under this program will be crue on any unpaid part of both the prin­ the consignee is other than the foreign effected through the issuance by CCC of cipal and interest due as of such importer, such additional information sight drafts against the bank obligations, expiration date. as CCC may request to show that export but this method of collection shall not be § 1488.7 Expiration o f period for deliv­ was made in accordance with the in­ exclusive of any other collection pro­ ery and export. structions of, or the export sale contract cedures or rights available to CCC. (a) Unless delivery by the exporter to with, the foreign importer. If delivery is § 1488.5 CCC drafts. the importer is made within such period before export, documents acceptable to as may be provided in the financing ap­ CCC evidencing delivery of the com­ Under those bank obligations which modity to the importer or his agent. are partially confirmed, CCC Will draw proval or in any amendment thereof, or separate drafts for the amounts con­ under paragraph (b) of this section, or, (5) A certification by the exporter that if no such period is so provided, within a the agricultural commodities of the firmed and the amounts not confirmed. grade, quality, and quantity called for If a CCC draft for the unconfirmed period of 90 days from the date of the^ financing approval, the financing ap-* in the exporter’s sale have been delivered amount is dishonored, the U.S. bank or to the foreign importer and that the ex­ branch bank shall return the dishonored proval will no longer be valid. (b) If the Vice President, CCC, or the porter knows of no defenses to the ac­ draft together with its statement of the count receivable assigned to CCC. reasons for nonpayment. For confirmed Assistant Sales Manager for Export amounts, except as provided in § 1488.4 Credit determines that delay in delivery (6) A bank obligation or obligations (c) and (d ), a U.S. or branch bank may was due solely to -causes without the in accordance with §§ 1488.4, 1488.7(c), request refund from CCC of the amount fault or negligence of the exporter, the 1488.11, and paragraph (e) of this sec­ paid if it certifies to CCC that it is unable period of delivery may be extended by tion, payable to CCC, in form and sub­ to recover funds from the foreign bank CCC to include the period of such delay. stance acceptable to CCC, covering the due to a stipulated political risk which (c) If delivery is made before export financing agreement and providing for existed on the date payment was made to under the terms of the financing agree­ the payment of interest in accordance CCC under the draft. On approval by ment, failure to export within the period with § 1488.6. CCC of such request, the refund shall be specified therefor in the financing ap­ (7) A certification by the exporter in promptly made, together with interest proval shall constitute a breach of the form satisfactory to CCC that he (1) has at the Federal Reserve Bank of New financing agreement, the acount receiv­ entered into a contract to sell eligible York discount rate from the date pay­ able and the bank obligation assuring the commodities, specifying grade, quality, ment was originally made to CCC to but account receivable shall, at the option of quantity, and the agreed upon price not including the date of refund by CCC. the Assistant Sales Manager for Export therefor, with payment terms and in­ For unconfirmed amounts, remittance to Credit, become immediately due and pay­ terest in accordance with the financing CCC shall be considered final, and the able if full payment thereunder has not agreement, and (2) has in his files docu­ U.S. bank or branch bank shall not there­ been received, and liquidated damages ments evidencing the export sale con­ after have recourse to CCC. shall be payable in accordance with tract and the obligation of the importer § 1488.13. to him for the financed portion of the § 1488.6 Interest charges. export sale, and will retain them in his The account receivable assigned to § 1488.8 Advance payment. files until 3 years after maturity of the CCC and the related bank obligation (s) If, before expiration of the financing related financing agreement and will shall bear interest as specified in this period, the exporter or the U.S. bank or furnish them to CCC on demand during section. Rates of interest applicable to the agency or branch bank accepts pay­ that period. financing agreements shall be published ment from or on behalf of the foreign (b) On timely receipt of the documents in a CCC announcement. The interest importer of any part of the account re­ described in paragraphs (a) (1) through rate applicable to that portion of an ac­ ceivable, it shall be remitted promptly to (7) of this section, the Treasurer, CCC, count receivable the payment of which CCC. Such prepayment shall be applied will pay promptly to the exporter the is assured by a bank obligation issued or first to interest on the unpaid balance of amount of the account receivable or 110 prorata confirmed by a U.S. bank shall the account receivable to the-date CCC percent of the amount specified in the be lower than the interest rate estab­ receives such prepayment and then to financing approval, whichever is the lished for the remainder of the account the principal. lesser. No payment will be made unless receivable. The interest rate applicable § 1488.9 Documents required after de­ such documents are timely received. to that portion of an account receivable livery. (c) If an acceptable application for the payment of which is assured by a disbursement and the supporting docu­ bank obligation issued or prorata con­ (a) CCC will purchase an exporter’sments described in paragraphs (a) fl) firmed by a branch bank shall, when de­ account receivable only if the Treasurer, through (7) of this section have not been termined by the Vice President or the Commodity Credit Corporation, U.S. received by CCC within 45 days from the Controller, CCC, to be in the interest of Department of Agriculture, Washington, date of delivery, or any extension thereof CCC, be lower than the interest rate es­ D.C. 20250, receives the following docu­ by the Treasurer or Assistant Treasurer, tablished for the remainder of the ac­ ments within 45 days after date of de­ CCC, the financing agreement shall be count receivable. Interest rates appli­ livery of the commodities exported or to void. cable to accounts receivable the payment be exported under the financing agree­ (d) If, under the financing agreement, of which is assured by agency bank con­ ment or any extension thereof by the delivery is made before export, doc^‘ firmations shall be established by the Treasurer, CCC: ments evidencing export as provided in Vice President or the Controller, CCC, (1) A written application for disburse­ paragraph (a) (4) of this section shau at the time of acceptance. The interest ment, showing the financing approval be submitted to the Assistant Sales Man­ rate applicable to a particular financing number and the port value of the com­ ager for Export Credit within 20 days agreement shall be specified in the fi­ modity delivered. after delivery to export carrier. (2) An assignment of the account re­ nancing approval. Interest shall accrue (e) If for any reason a draft drawn on the account receivable and the related ceivable arising from the export sale, in form and substance acceptable to CCC. under a foreign bank obligation is bank obligation(s) from the date of de­ (3) A copy of the sales invoice to the honored or if the issuing bank is **r livery, or the weighted average delivery foreign importer or, if the commodity has solvent, is in bankruptcy, receivership °r date, of the agricultural commodities de­ been sold through an intervening pur­ liquidation, has made an assignment for livered under the financing agreement to chaser, a copy each of the exporter’s the benefit of creditors, or for any other

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 RULES AND REGULATIONS 7601 reason discontinues or suspends pay­ thereto has been obtained from such Failure to furnish, within the time speci­ ments to depositors or creditors or other­ Bureau.1 fied, evidence of entry of the commodity wise ceases to operate on an unrestricted (e) For commodities transshippedinto the country of destination shall con­ basis, the obligation issued by that bank through Canada via the Great Lakes, stitute prima facie evidence of failure to to CCC shall become immediately due the exporter shall certify that the com­ enter or cause the entry of the commod­ and payable, and any balance due on modity transshipped was produced in the ity into such country as required. The the account receivable assured by the United States. remedy herein provided shall not be ex­ obligation issued by such bank shall, at § 1488.11 Evidence o f entry into coun­ clusive of other rights available to the the option of CCC, become immediately try of destination. Federal Government as a result of the due and payable. CCC may permit the entry of a commodity, exported under a substitution of another acceptable for­ For a financing agreement under which financing agreement, into a country eign bank obligation covering such bal­ the financing period is in excess of 12 other than that specified in the financing ance due and confirmed in accordance months, within 90 days, or such exten­ agreement. with § 1488.4. sion of time as may be granted in writing by the Assistant Sales Manager for Ex­ § 1488.12 Liability for payment. § 1488.10 Evidence o f export and war­ port Credit, following shipment from If delivery is made within the coverage ranty; the United States of any agricultural of the bank obligation(s) submitted in (a) If the commodity is exported by commodity exported under the financing accordance with § 1488.9, CCC will look rail or truck, the exporter shall furnish agreement, the exporter shall furnish to to the obligating bank or banks and the to the Treasurer, CCC, two copies of the the Assistant Sales Manager for Export foreign importer, rather than to the ex­ bill of lading, certified by the exporter Credit documentary evidence satisfac­ porter or intervening purchaser, for pay­ as being true copies, under which the tory to the Assistant Sales Manager for ment of all amounts due at maturity of commodity is exported, and an authen­ Export Credit verifying entry of the the account receivable and of the bank ticated landing certificate or similar commodity into the country of destina­ obligation (s), but the exporter and the document issued by an official of the tion -specified in the financing agree­ intervening purchaser shall remain li­ government of the country to which the ment. The documentary evidence must able for any loss arising from breach of commodity is exported, showing the (a) identify the agricultural commodity any contractual obligation, certification quantity, the place and date of entry, (or permit identification through sup­ or warranty made by them, pursuant to the gross landed weight of the commod­ plementary documents which are fur­ the financing agreement, and the ex­ ity, and the name and address of both nished to the Assistant Sales Manager porter shall remain liable for any the exporter and the importer. for Export Credit) as that exported amounts not covered by the bank obli­ (b) If the commodity is exported by under the financing agreement, (b) gation which are owing to CCC, and any ocean carrier, the exporter shall furnish state the quantity and date of entry of remittance or refund required by to the Treasurer, CCC, two nonnegotiable the commodity into the destination §§ 1488.8 and 1488.15, together with in­ copies or photocopies or other type of country, and (c) be signed by (l) a terest thereon at the rate specified in the copies of either (1) an onboard ocean bill customs official of the destination coun­ documents evidencing the account re­ of lading or (2) an ocean bill of lading try, or (2) the importer, or (3) a repre­ ceivable, as well as for any liquidated with an onboard endorsement dated and sentative of an independent superintend­ damages provided for in § 1488.13. The signed or initialed on behalf of the car­ ing or controlling firm. When the com­ liability of the bank and the importer rier. The bills of lading must be certified modity enters the country of destination under their respective obligations shall by the exporter as being true copies and in bond, a statement by the importer will be several. must show the quantity, the date and be acceptable which (i) identifies the place of loading the commodity, the commodity as that exported under the § 1488.13 Liquidated damages. name of the vessel, the destination of the financing agreement, (ii) states the Failure of the exporter to export or commodity, and the name and address of quantity of the commodity entered under cause to be exported, within the period both the exporter and the importer. If quantity of the commodity entered provided therefor, any agricultural com­ the exporter is unable to supply docu­ bond and date of entry into the modity financed, when delivery is made mentary evidence of export as specified in destination country, and (iii) certifies before export under the terms of the this paragraph (b) he shall submit such that the commodity will be withdrawn financing agreement, or failure of the other documentary evidence as may be from bonded storage at a later date for exporter to enter or cause the entry of acceptable to CCC. consumption in the destination country. such commodity into the country of des­ (c) If the commodity is exported by If the evidence of importation is in other tination, shall constitute a breach of the aircraft, the exporter shall furnish to than the English language, the exporter financing agreement which will result in the Treasurer, CCC, two nonnegotiable shall also provide the Assistant Sales serious and substantial damage to CCC copies of an airway bill. The airway bills Manager for Export Credit with an Eng­ and to its programs. Since it will be must be certified by the exporter as being lish translation thereof. If such evidence difficult, if not impossible to prove the true copies and must show the date and is not furnished within the time speci­ exact amount of such damage, the ex­ place of loading the commodity, the fied, the financing agreement may be porter shall pay to COC promptly on de­ name of the airline, the destination of terminated by the Assistant Sales Man­ mand, as reasonable compensation and the commodity, and the name and ad­ ager for Export Credit and on such not as a penalty, liquidated damages in dress of both the exporter and the termination, if payment under the bank lieu of probable actual damages, as fol­ importer. obligation or account receivable has not lows: (a) For each week of delay in ex­ (

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7602 RULES AND REGULATIONS financing agreement for such commod­ financing agreement without liability to ing agreement shall be addressed to the I ity from the start of the financing period CCC. Should the financing agreement be Assistant Sales Manager for Export until payment to COC of the amount annulled, CCC will promptly consent to Credit, Export Marketing Service, U.S. financed: Provided, That the aggregate the reduction or cancellation of related Department of Agriculture, Washington,! of any amounts assessed under this bank obligations except for amounts out­ D.C. 20250. § 1488.13 with respect to the same com­ standing under a financing agreement. N o te : The recordkeeping and reporting re­ modity shall not exceed 5 percent of the Such amounts shall, on demand, be re­ quirements of the regulations of this sub­ amount financed for such commodity. funded. to COC by the exporter. part have been approved by, and subsequent recordkeeping and reporting requirements Liquidated damages shall not be assessed § 1488.16 Shipment of commodities on under (a) of this section to the extent will be subject to, the approval of th e Bureau vessels calling at Cuban and North of the Budget In accordance w ith th e Federal that the Assistant Sales Manager for Vietnamese ports. Export Credit determines that the delay Reports Act of 1942. was due to such causes as acts of God Any commodity exporter under a fi­ Effective date: This revision of regu­ or government or the public enemy, nancing agreement shall not be shipped lations shall be effective upon publica­ fires, floods, epidemics, quarantine re­ from the United States, or transshipped tion in the F ederal R egister (4-22-71). strictions, strikes, freight embargoes, or through Canada via the Great Lakes, at unusually severe weather. Liquidated ports on the St. Lawrence River, on a Signed at Washington, D.C., on April 13,1971. damages shall not be assessed under vessel which has called at a Cuban port (b) or (c) of this section if the Assist­ on or after January 1,1963, or at a North C lifford G. P olvermacher, ant Sales Manager for Export Credit de­ Vietnamese port on or after January 25, Vice President, Commodity termines that failure to export was due 1966, unless a special waiver is granted Credit Corporation, and Gen­ to loss, damage, destruction or deteri­ by the Maritime Administration. Com­ eral Sales Manager, Export oration of the commodity or that failure modities shipped on such a vessel shall Marketing Service. not be considered to have been exported to enter or cause the entry of the com­ N o tice t o Exporters under the financing agreement. modity into the country of destination U.S. law and the export regulations issued was due to loss or destruction of the § 1488.17 Officials not to benefit. by the Bureau of International Commerce, commodity or act of government. No member of or delegate to Congress, Department of Commerce (15 CFR Parts 368 § 1488.14 Assignment. through 399), prohibit the exportation or or Resident Commissioner, shall be ad­ reexportation by anyone of any commodities The exporter shall not assign any mitted to any share or part of the financ­ under this program to the Soviet Bloc, Com­ claim or rights or any amounts payable ing agreement or to any benefit that may munist China, North Korea, Macao, Hong under the financing agreement, in whole arise therefrom, but this provision shall Kong, Communist controlled areas of Viet­ or in part, without written approval of not be construed to extend to the financ­ nam, Cuba, and Southern Rhodesia, except the Vice President, CCC, or the Con­ ing agreement if made with a corpora­ under validated license issued by the U.S. tion for its general benefit. Department of Commerce under such troller, CCC. regulations. § 1488.15 Covenant against contingent § 1488.18 Exporter’s records and ac­ For all exportations, one of the destina­ fees. counts. tion control statements specified in section 386.6 of the export regulations is required The exporter warrants that no person The Vice President, CCC, and his des­ to be placed on all copies of the shipper’s or selling agency has been employed or ignees, shall have access to and the right export declaration, all copies of the bill of retained to solicit or secure the financ­ to examine any directly pertinent books, lading, and all copies of the commercial in­ ing agreement on am agreement or un­ documents, papers, and records of the voices. For additional information as to derstanding for a commission, percent­ exporter involving transactions related which destination control statement to use, to the financed export credit sale until the exporter should communicate with the age, brokerage, or contingent fee, except Bureau of International Commerce or one bona fide employees or bona fide estab­ the expiration of 3 years after maturity of the field offices of the Department of lished commercial or selling agencies of the related financing agreement. Commerce. maintained by the exporter for the pur­ § 1488.19 Communications. Exporters should consult the applicable pose of seeming business. For breach or Commerce Department regulations for more violation of this warranty, CCC shall Unless otherwise provided, any written detailed information if desired and for any have the right, without limitation on any request, notifications, or communications changes that may be made therein. other rights it may have, to annul the by the applicant pertaining to the financ­ [FR Doc.71-6596 Filed 4-2I-71;8:47 am]

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7603 Proposed Rule Making

17 inches by 22 inches) of light blue The proposed amendments to the reg­ POST OFFICE DEPARTMENT color and of a texture similar to the ulations are as follows: regular three-flap aerogramme issued by 1. Section 210.6 is revised to read as [ 39 CFR Part 41 1 the Postal Service. No artificial slippery follows: PRIVATELY MANUFACTURED finish such as silicon plastic will be § 210.6 Matching o f funds. AEROGRAMMES; NEW FORMAT permitted. The sheets, when folded, must have size dimensions of 7% by 3%6 inches (a) Each State Agency shall match Notice of Proposed Rule Making and have three sealing flaps. The samples each dollar of general cash-for-food as­ sistance funds paid to it each fiscal year Notice is hereby given of proposed rule submitted for approval need not have the flaps gummed, but the areas to be with $3 of funds from sources within making consisting of a revision of the State determined by the Secretary 541.5(b) of Title 39, Code of Federal gummed must be identified. The sheets must bear the same printed endorse­ to have been expended in connection Regulations. This proposed revision is with the Program: Provided, however, prompted by changes made in the for­ ments on the address and reverse sides as the regular aerogramme form issued That, if the per capita income of any mat of official aerogrammes, changes by the Postal Service, as well as the State is less than the per capita income agreed to by member countries of the of the United States, the matching re­ Universal Postal Union Convention at printed return address of the applicant, or lines on which the return address may quirement for any fiscal year shall be the 1969 Congress in Tokyo. be written if the sheets are to be pro­ decreased by the percentage by which Section 41.5(b) of Title 39 authorizes duced for sale to the public. In addition, the State per capita income is below the the manufacture and use of private the words “Authorized for mailing as per capita income of the United States. aerogrammes without imprinted postage aerogramme—P.S. Permit No. _____ ” The amount of general cash-for-food thereon, subject to specifications ap­ (the number to be filled in when issued) assistance to be so matched shall be the proved by the Postal Service. It is pro­ must appear in smaller type so they will net amount of such funds taking into posed to amend these regulations to be visible on the address side and near consideration any funds transferred into require that private aerogrammes have the lower edge when the sheet is folded the general cash-for-food assistance three sealing flaps; and, when folded, for mailing. The permit number will funds account and any funds transferred have size dimensions of 7% by 3%6 inches. be issued at the time the aerogramme out of such account under the authority It is further proposed that the aero­ is approved. Approved private aero­ of section 10 of the Child Nutrition Act grammes be manufactured of 18-pound grammes may be paid at the aerogramme of 1966, as amended. paper. (Present regulations require that rate, except that to Canada and Mexico (b) For the fiscal year beginning the sheets average not less than 150 to they may be paid at the regular airmail July 1,-1971, and the fiscal year begin­ the pound.) It is further proposed that a letter rate. ning July 1, 1972, State revenues (other finish such as silicon plastic be not than revenues derived from the Pro­ permitted. ***** (5 U.S.C. 301, 39 U.S.C. 501, 505) gram) appropriated or specifically uti­ The amendment to the Department’s lized for Program purposes (other than regulations set out below will achieve D avid. A. Nelson, salaries and administrative expenses at the desired purposes. General Counsel. the State, as distinguished from local, Interested persons who desire to do [FR Doc.71-5636 Filed 4-21-71;8:51 am] level) shall constitute at least 4 per so may submit written data, views or centum of the matching requirements arguments concerning the proposed reg­ set forth in paragraph (a) of this sec­ ulations to the Director, Office of Mail tion; for each of the 2 succeeding fiscal Classification, Finance and Administra­ DEPARTMENT OF AGRICULTURE years, at least 6 per centum of such tion Department, U.S. Postal Service, matching requirement; for each of the Washington, DC 20260, at any time prior Food and Nutrition Service subsequent 2 fiscal years, at least 8 per to the 30th day following the date of [ 7 CFR Part 210 ] centum of such matching requirement; publication of this notice in the F ederal and for each fiscal year thereafter, at Register. NATIONAL SCHOOL LUNCH least 10 per centum of such matching PROGRAM requirement. PART 41—-AIR SERVICE (c) The State revenues made avail­ In § 41.5 Aerogrammes, amend para­ Notice of Proposed Rule Making able under paragraph (b) of this section graph (b) to read as follows: Notice is hereby given tha,t the Depart­ shall be disbursed to schools, to the ex­ § 41.5 Aerogrammes. ment of Agriculture intends to amend tent the State deems practicable, in such the regulations governing the National manner that each school receives the * * * * School Lunch Program to implement the same proportionate share of such rev­ (b) Private manufacture. Individuals matching requirements of section 7 of enues as it receives of funds apportioned or firms may be authorized by the U.S. the National School Lunch Act, as to the State for the same year under ostal Service to manufacture private amended by Public Law 91-248, approved sections 4 and 11 of the Act and sections aerogrammes without imprinted postage May 14, 1970. 4 and 5 of the Child Nutrition Act of or their own use or for sale to the public, Comments, suggestions, or objections 1966, as amended. o secure authorization the applicant are invited and may be delivered within (d) The following funds from sources “f1 aPPly for an aerogramme permit 20 days after publication hereof to within the State shall be eligible to be «submit three samples of the pro- Herbert D. Rorex, Director, Child Nutri­ counted in meeting the matching require­ nf at aer°gramme to the Director, Office tion Division, Food and Nutrition Serv­ ment prescribed in paragraph (a) of this Mail Classification, Finance and Ad­ ice, U.S. Department of Agriculture, section: (1) Funds expended for the Pro­ ministration Department, U.S. Postal Washington, D.C. 20250, or submitted by gram, including Program administration, dS* i u'Washington, DC 20260, for ap- mail postmarked not later than the 20th by the State or its political subdivisions A sow! ,beipre engaging in production, day following publication hereof. Com­ or by or on behalf of any school, from t.ho format may be obtained from munications should identify the para­ children’s payments or from any other ®ce °f Mail Classification. The graph on which comments, etc., are of­ source of State or local funds, except final « S-E m itted for approval, and the fered. All comments, suggestions, or funds expended for land or the acquisi­ 1 Printing of the aerogrammes, must objections will be considered before the tion, construction, or alteration of build­ °n 18-pound paper (500 sheets, amendments are issued. ings; and (2) the value of commodities,

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7«04 PROPOSED RULE MAKING

services, supplies, facilities, and equip­ requirement specified in paragraph (a ), packages are loaded and unloaded under ment donated to the Program, except the the State shall return to FNS the amount the supervision of the Department of value of commodities donated by FNS of the general cash-for-food assistance Defense and are under escort by that or the value of land or the rental value funds which it failed to match. agency, or are cylinders containing com­ of buildings used in connection with (i) In any State where FNSRO ad­pressed gases classed as nonflammable the Program: Provided, however, That ministers the Program with respect to that are carried by private or contract the percentage of such matching require­ nonprofit private schools, each dollar of motor carriers and are not overpacked.” ments specified in paragraph (b) of this general- cash-for-food assistance funds Dated April 19,1971. section shall be met by State revenues paid by FNS to such schools in the ag­ meeting the requirements of paragraph gregate for any fiscal year shall be W. F. R ea III, (e) of this section. The value of dona­ matched by $3 of funds from sources Rear Admiral U.S. Coast Guard, tions eligible for matching shall be cer­ within the State determined by the Sec­ Chief, Office of Merchant Ma­ tified by the State Agency or by the non­ retary to have been expended by School rine Safety. profit private schools with respect to Food Authorities of nonprofit private [PR Doc.71-5621 Piled 4-21-71;8:50 am] which the Program is administered by schools in connection with the Program: FNSRO. Provided, however, That, if the per (e) The following State revenues shall capita income of the State is less than Federal Aviation Administration be eligible to be counted in meeting the the per capita income of the United applicable percentage of the matching States, the matching requirement for [ 14 CFR Part 71 ] requirement prescribed in paragraph any fiscal year shall be decreased by [Airspace Docket No. 70-EA-35] (b) of this section: (1) State revenues the percentage by which the State per appropriated or otherwise made avail­ capita income is below the per capita in­ PROPOSAL TO DESIGNATE AREA LOW able to the State Agency, which the come of the United States. If the ag­ ROUTES State Agency disburses to schools for gregate payment of general cash-for-food Notice of Withdrawal Program purposes, including nonprofit assistance funds for such schools is not private schools if the State administers matched as provided in this paragraph, In a notice of proposed rule making the Program in such schools. (2) State any School Food Authority not match­ (NPRM) published in the F ederal Regis­ revenues appropriated or otherwise made ing the general cash-for-food assistance ter as Airspace Docket No. 70-EA-35 on available to schools which the School funds paid to it shall return to FNS its September 11, 1970 (35 F.R. 14325), it Pood Authority transfers to the school’s pro rata share of the amount of the was stated that the Federal Aviation Ad­ nonprofit school lunch program account funds determined by FNS not to have ministration proposed to designate two and expends in connection with the been matched. area navigation (RNAV) low routes for school’s nonprofit school lunch program. use between the New York, N.Y., and (3) State, revenue made available § 210.14 [Amended] Washington, D.C., metropolitan areas. to finance the costs (other than State 2. In § 210.14, paragraph (g) (4) is Subsequent to publication of the notice, salaries and other State administrative amended by adding the following at the a further review of the requirem ents for costs) of the intrastate distribution of end thereof: “ and shall submit within 45 RNAV routes between New York and foods donated under Part 250 of this days after the end of the fiscal year a Washington indicated these routes should chapter to schools participating in the report on the full matching requirements be realigned and additional routes be­ Program. set forth in § 210.6 of this part includ­ tween New York and Boston, Mass., (f) It shall be the responsibility of the ing a report on the matching with State should be designated. Therefore, a revised State Agency, or FNSRO where appli­ revenues prescribed in § 210.6(g) NPRM will be issued proposing designa­ tion of the RNAV routes between Wash- cable, to determine whether the match­ Effective date. These regulations shall ington/New York and New York/Boston ing requirements of this section (other be effective upon publication (4-22-71). than the requirements relating to the with opportunity for comment by inter­ portion representing State revenues) are Dated: April 16,1971. ested persons. In consideration of the foregoing, the being met. If it appears that the match­ R ic h ard E . L y n g , ing requirements will not be met, the Assistant Secretary. notice of proposed rule making contained State Agency or FNSRO shall take cor­ in Airspace Docket No. 70-EA-35 is here­ rective action to assure compliance with [PR Doc.71-5663 Piled 4-21-71;8:52 am] by withdrawn. these requirements. This withdrawal of the notice of pro­ (g) FNS will determine that the re­ posed rule making is made under the au­ quired amount of funds from sources thority of section 307(a) of the Federal within the State and the required amount DEPARTMENT OF Aviation Act of 1958 (49 U.S.C. 1348(a)) of State revenues have been expanded and section 6(c) of the Department of in connection with the Program during TRANSPORTATION Transportation Act (49 U.S.C. 1655(c)). any fiscal year, based upon reports to be submitted by the State Agency at the Coast Guard Issued in Washington, D.C., on April 15, 1971. close of such fiscal year. E 46 CFR Part 146 1 (h) If a State fails to meet its State T. M cCormack, revenue matching requirement in any [CGPR 71-18] Acting Chief, Airspace and Air Traffic Rules Division. fiscal year as prescribed in paragraph DANGEROUS CARGOES CONTAINERS (b ), FNS shall promptly make a demand [FR Doc.71-5589 Filed 4r-21-71;8:47 am] upon such State for a return to FNS of Correction of Notice of Proposed Rule a portion of the general cash-for-food Making assistance funds equal to the per centum [ 14 CFR Part 75 1 by which the State failed to meet the F.R. Doc. 71-3685, a notice of proposed [Airspace Docket No. 71-WA-13] State revenue matching requirement, rule making commencing at page 5246 in e.g., if a State has met only 50 percent the F ederal R e g is te r of Thursday, March AREA HIGH ROUTES 18, 1971, is corrected by changing the of the State revenue matching require­ Proposed Designation ment for any fiscal year, FNS will make second and third sentences of the pre­ a demand upon such State for return amble to read as follows: “The labeling The Federal Aviation Administration of 50 percent of the general cash-for- exemption provided by §§ 146.05-15 (h) (FAA) is considering an amendment to food assistance funds utilized by the and 146.07-25(b), which is applicable to Part 75 of the Federal Aviation R e la ­ State in that fiscal year. If any State shipments of packages received and deliv­ tions that would designate area hig meets the State revenue matching re­ ered in carloads or highway truckloads, routes as a part of the overall progra quirement prescribed in paragraph (b), would be revoked. A new section, § 146.08- to establish an area navigation jet rou but fails to meet its overall matching 31, would authorize the exemption if the structure.

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 PROPOSED RULE MAKING 7605

Amendments to Parts 71 and 75 of the Cleveland, Ohio, 139.0M/72.1 NM, lat. Fort Wayne, Ind., 293.1M/101.6 NM, lat. Federal Aviation Regulations were pub­ 40'29''20” N„ long. 81°04'05” W.; 41“37'29” N., long. 87“15'57” W. Cleveland, Ohio, 218.0M/30.0 NM, lat. 40’ - lished in the F ederal R egister o n July 1, 56'51" N„ long. 82°32'26” W.r J-898R (C h ic a g o , III., to A t l a n t a , G a .) 1970 (35 F.R. 10635), which established South Bend, Ind., 258.9M/43.5 NM, lat. Indianapolis, Ind., 298.0M/53.0 NM, lat. regulatory bases fo r th e design ation o f 41°37'29” N., long. 87°15'57” W. 40°14'20” N„ long. 87“22'35” W.; specific area high and area low routes. NashvUle, Tenn., 071.0M/40.0 NM, lat. 36“- J-888R (A t l a n t a , G a ., to Spa r ta n b u r g , S.C.) Interested persons may participate in 15'48" N., long. 85“48'53" W.; the proposed rule making by submitting Spartanburg, S.C., 227.1M/119.1 NM, lat. Nashville, Tenn., 143.0M /131.0 NM, lat. 34“- such written data, views, or arguments 33“37'10” N., long. 83°36'42” W.; 16'03" N., long. 85“05'51” W. as they may desire. Communications Spartanburg, S.C., 080.0M/50.0 NM, lat. 35’ - 12'11" N„ long. 80°55'57" W. J-951R (W a s h in g t o n , D.C., t o St . L o u is , should identify the airspace docket num­ Mo.) J-889R (S t . L o u is , M o ., to C lev elan d , ber and be submitted in triplicate to the Casanova, Va., VORTAC, lat. 38“38'28” N„ O h i o ) Federal Aviation Administration, Office long. 77“51'57" W.; of the General Counsel, Attention: Rules Centralia, 111., 295.4M/38.1 NM, lat. 38°43'46” Charleston, W. Va., 002.7M/20.2 NM, lat. 38“- Docket, 800 Independence Avenue SW „ N„ long. 89° 51'54” W.; 14'16” N., long. 81“46'21" W.; Washington, D C 20590. A ll com m u n ica ­ Lafayette, Ind., 163.3M/70.5 NM, lat. 39 “25'- Indianapolis, Ind., 175.8M/74.1 NkJ, lat. 38“- tions received within 60 days after publi­ 27” N., long. 86°39'29” W.; 34'48” N., long. 86“16'45” W.; cation of this notice will be considered Appleton, Ohio, 009.7M/70.9 NM, lat. 41°19'- St. Louis, Mo., 107.6M/67.6 NM, lat. 38 “25'- by the A dm inistrator b efore ta k in g a c ­ 23” N., long. 82° 22'42” W. 12" N., long. 89“09'32” W.; tion on the proposed rule. The proposal J-890R (C lev e la n d , O h io , to S t . L o u is , St. Louis, Mo., 123.7M/27.3 NM, lat. 38*34'- contained in this n otice m ay be ch a n ged Mo.) 28” N., long. 90“01'43" W.

in the light o f com m en ts received. A ll Appleton, Ohio, 001.8M/43.0 NM, lat. 40*52'- J-952R (N e w Y o r k , N .Y ., t o H o u s t o n , T e x .) comments subm itted w ill be available, 07” N., long. 82°35'28" W.; both before and after the closing date Appleton, Ohio' 279.5M/67.4 NM, lat. 40° 17'- Westminster, Md., 087.9M/119.6 NM, lat. 39°49'02” N„ long. 74“25'55” W.; • for comments, in the Rules Docket for 16” N., long. 84°02'36” W.; Gordonsville, Va., VORTAC, lat. 38“00'48” examination by in terested persons. Lewis, Ind., 049.5M/52.5 NM, lat. 39°48'53” N., long. 86°22'03” W.; N„ long. 78“09'12" W.; An official docket will be available for Lewis, Ind., 260.4M/122.8 NM, lat. 38°58'18” Greensboro, N.C., 335.6M/65.7 NM, lat. 37“- examination by interested persons at the N., long. 89°51'27” W. 01'05” N„ long. 80“36'18” W.; Federal Aviation Administration, Office of J-891R (C h ic a g o , III., to M e m p h is , T e n n .) Chattanooga, Tenn., VORTAC, lat. 34“57'40” the General Counsel, Attention: Buies N., long. 85°09'12” W.; Docket, 800 Independence Avenue SW., Lafayette, Ind., 271.1M/50.1 NM, lat. 40“34'- Washington, DC 20590. Meridian, Miss., VORTAC, lat. 32“22'42" N., 54” N., long. 88°09'51” W.; long. 88“48'15” W.; The FAA proposes to amend Part 75 of Farmington, Mo., 098.8M/51.3 NM, lat. 37’ - the Federal Aviation Regulations by desig­ 28'10” N., long. 89°11'24” W.; Lake Charles, La., 329.2M/38.1 NM, lat. nating area high routes as follows: Memphis, Tenn., VORTAC, lat. 34°56'34” N., 30“43'25” N., long. 93“24'11” W.; long. 89°57'35" W. Lake Charles, La., 258.1M/117.2 NM, lat. J-804R (T a m pa , F l a ., to A t l a n t a , G a .) 29“57'24” N., long. 95“20'44” W. Gainesville, Fla., 196.6M/87.0 NM, lat. J-893R (M ia m i, F l a ., to J acksonville , 28°H'06'' N„ long. 82°51'30” W.; F l a .) J-953R (N e w O r l e a n s , L a ., to N e w Y o r k , N.Y.) Gainesville, Fla., 302.7M/125.7 NM, lat. 30“- Palm Beach, Fla., 193.3M/32.3 NM, lat. 26“- 43'23” N„ long. 84°23'02" W.; 09'43” N., long. 80’ 17'36” W.; New Orleans, La., VORTAC, lat. 30“01'47” Macon, Ga., 284.4M/81.6 NM, lat. 33“02'35” Jacksonville, Fla., 144.0M/18.0 NM, lat. 30“- N., long. 90“10'20” W.; N., long. 85°12'27" W. '12'23" N., long. 81°21'39" W. Crestview, Fla., 314.8M/51.4 NM, lat. 31°27'- 37V N„ long. 87“21'10” W.; J-805R (Lo u isv ille, K v ., to C h ic a g o , I I I .) J-894R (J acksonville , F l a ., to M ia m i, F l a .) Macon, Ga., 320.0M/65.0 NM, lat. 33°31'56” Indianapolis, Ind., 166.0M/81.4 NM, lat. N., long. 84°27'48” W.; SS^'Sl" N„ long. 85°58'42” W.; Jacksonville, Fla., 174.0M/15.0 NM, lat. 30’ - Indianapolis, Ind., 328.0M/73.0 NM, lat. Augusta, Ga., 322.9M/72.7 NM, lat. 34“29'- 12'03” N., long. 81°32'03” W.; 43” N., long. 83“02'17” W.; 40°51'20" N., long. 87°11'36'' W.; Palm Beach, Fla., 284.6M/33.2 NM, lat. 26“- Indianapolis, Ind., 331.0M/115.6 NM, lat. 49'34” N., long. 80“45'18” W. Raleigh-Durham, N.C., 327.8M/61.6 NM, lat. 41o30'36” N., long. 87°34'17” W. 36“42'02” N., long. 79“32'14” W.; J-895R (A t l a n t a , G a., to N e w Y o r k , N .Y .) Westminster, Md., 098.4M/111.6 NM, lat. 39“- J-806R (C h icago, I I I ., t o L o u is v il l e , K y .) Columbia, S.C., 266.4M/128.8 NM, lat. 33“37'- 27'2I” N., long. 74“34'36” W. Lafayette, Ind., 335.5M/93.8 NM, lat. 41 “59'- 10” N., long. 83°36'42" W.; 16” N., long. 87“54'17" W.; J-954R (W a s h in g t o n , D .C., to D e t r o it , Raleigh-Durham, N.C., 325.3M/50.0 NM, lat. M ic h .) Lafayette, Ind., 215.6M/23.7 NM, lat. 40“14'- 36 “31'24” N“., long. 79“25'48” W.; 20” N., long. 87°22'35" W.; Westminster, Md., 098.5M/110.1 NM, lat. Philipsburg, Pa., 182.8M/92.0 NM, lat. 39“- Lafayette, Ind., 172.6M/122.9 NM, lat. 38°- 39“27'21” N., long. 74“36'36” W. 23'08” N., long. 77°50'55” W.; 3T06” N., long. 86046,49'' W. Chardon, Ohio, 179.9M/61.8 NM, lat. 40“29'- J-896R (C h ic a g o , III., t o P hiladelphia , -885R (S t . L o u is, M o ., to M e m p h is , T e n n .) 20” N., long. 81“04'05” W.; P a .) St. Louis, Mo., VORTAC, lat. 38“51'38” N., Chardon, Ohio, 287.3M/80.8 NM, lat. 41 “48'- long. 90°28'56” W.; Indianapolis, Ind., 322.7M/108.9 NM, lat. 48” N„ long. 82“55'02” W. 41“16'11” N., long. 87“47'28” W.; Memphis, Tenn., VORTAC, lat. 34“56'34” N., J-955R (C h ic a g o , III., to B a l t im o r e , Md.) long. 89°57'34'' W. Indianapolis, Ind., 011.6M/79.3 NM, lat. 41“- 06'17" N., long. 85“59'10” W.; Indianapolis, Ind., 322.7M/108.8 NM, lat. ~886R (S t . L o u is, M o ., to W a s h in g t o n , Indianapolis, Ind., 073.4M/110.8 NM, lat. 41“16'11” N., long. 87“47'28” W.; D.C.) 40“17'16” N., long. 84“02'36” W.; Indianapolis, Ind., 011.6M/79.3 NM, lat. Lewis Ind., 253.9M/126.3 NM, lat. 38°43'46" Bellaire, Ohio, 004.3M/18.1 NM, lat. 40°19'- 41’ 06'17” N„ long. 85“59'10” W.; long. 89“51'54” W.; 10" N„ long. 80°48'55" W.; Indianapolis, Ind., 073.4M/110.8 NM, lat. ewis Ind., 177.8M/30A NM, lat. 38“46’03” 40“17'16” N., long. 84“02'36” W.; N-. long. 87“15'16” W.; Westminster, Md., 005.5M/44.8 NM, lat. 40°- 14'29” N., long. 77°01'19” W.; Bellaire, Ohio, 199.1M/20.2 NM, lat. 39“41'- w - Va., 295.0M/57.0 NW, lat. 38°- Westminster, Md., 066.1M/64.4 NM, lat. 40“- 31” N., long. 80°55'50” W.; N” lonS- 82 ”53'43” W.; ont Royal, Va., VORTAC, lat. 39°05'26” 03'22” N., long. 75“47'33” W. Casanova, Va., 335.9M/31.2 NM, lat. 39“05'- 26” N., long. 78“12'02” W.; J*'VI°nS- 78°12'02” W.; J-897R (P hiladelphia , P a ., to C h ic a g o , Va” 103.8M/34.8 NM, lat. 39’ - III.) Casanova, Va.,'044.7M/65.8 NM, lat. 39“29'- UI 10 N., long. 77°27'42” W. 42" N., long. 76°58'44” W. Philipsburg, Pa., 113.9M/110.1 NM, lat. -887R (B altim o re, M d ., t o C h ic a g o , I I I .) 40°21'30" N., long. 75“41'52” W.; J-956R (M e m p h is , T e n n ., to C h ic a g o , III.) Pa” 162-7M/101.1 NM, lat. 39’ - Philipsburg, Pa., 194.1M/18.7 NM, lat. 40’ - Walnut Ridge, Ark., 139.9M/85.2 NM, lat. Philinl N” long- 77°05'53'/ W.; 36'27” N., long. 78“02'38” W.; 34°56'34” N., long. 89“57'35” W.; 23'n«-Ux?’ Pa” 182-8M/92.0 NM, lat. 39’ - Cleveland, Ohio, 218.0M/30.0 NM, lat. 40“- Capital, 111., VORTAC, lat. 39“53'32” N., 8 08 N-> long. 77°50'55” W.; 56'51” N., long. 82°32'26” W.; long. 89°37'31” W.;

■FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 197T 7606 PROPOSED RULE MAKING

Capital, 111., 026.6M/115.7 NM, lat. 41°32'47" J-958B (W a s h in g t o n , D.C., to J a c k s o n ­ Charleston, W. Va., 261.0M/77.7 NM, lat N., long. 88°19'06" W.; v il l e , F l a .) 38°04'10" N., long. 83°22'31" W.; Capital, 111., 023.8M/130.6 NM, lat. 41°48'38" Bosewood, Ohio, VOBTAC, lat. 40°17'16" N- Norfolk, Va., 335.0M/102.5 NM, lat. 38° 20'10" long. 84°02'36" W. N., long. 88°16'07" W. N., long. 77°21'11" W.; Norfolk, Va., 293.6M/86.9 NM, lat. 37°31'42" This amendment is proposed under J-957B (J acksonville , F l a ., to W a s h in g ­ N., long. 77°49'43" W.; the authority of section 307(a) of the t o n , D.C.) Wilmington, N.C., 299.3M/79.5 NM., lat. 34°54'40" N., long. 79°19'54" W.; Federal Aviation Act of 1958 (49 U.S.C. Savannah, Ga., 182.5M/81.3 NM, lat. 30°48'- Savannah, Ga., 194.6M/84.0 NM, lat. 30°47'- 1348(a) ) and section 6(c) of the De­ 13" N., long. 81°09'14" W.; 43" N„ long. 81°29'38" W. partment of Transportation Act (49 Savannah, Ga., 115.4M/31.6 NM, lat. 31°56'- J-959B (M i a m i , F l a ., to D e t r o it, M i c h .) U.S.C. 1655(c)). 28" N„ long. 80°32'56" W.; Vero Beach, Fla., 173.3M/91.3 NM, lat. 26°- Wilmington, N.C., 300.2M/59.7 NM, lat. 34° - 09'43" N., long. 80°17'36" W.; Issued in Washington, D.C., on 47'11" N., long. 78°57'29" W.; Gainesville, Fla., 052.7M/64.6 NM, lat. April 14, 1971. Flat Bock, Va., 099.5M/24.3 NM, lat. 37°30'- 30°12'23" N„ long. 81°21'39" W.; T. M cCormack, 08" N., long. 77°19'14" W.; Augusta, Ga., VOBTAC, lat. 33°32'40" N., Acting Chief, Airspace and long. 82°08'00" W.; Air Traffic Rules Division. Flat Bock, Va., 035.6M/67.6 NM, lat. 38°30'- Knoxville, Tenn., 077.7M/53.8 NM, lat. 36°- 27" N., long. 77°07'05" W. 06'21" N„ long. 82°49'06" W.; [FB Doc.71-5535 Filed 4-21-71;8:45 am]

FEDERAI REGISTER, V O L 3D, NO. 78—-THURSDAY, APRIL 22, 1971 7607 N otices

ELMORE MINTER IN 46260, has applied for relief from dis­ DEPARTMENT OF THE TREASURY abilities imposed by Federal laws with Notice of Granting of Relief respect to the acqusition, receipt trans­ Internal Revenue Service Notice is hereby given that Elmore fer, shipment, or possession of firearms DENNIS R. COOK Minter, Box 137, New River, VA 24129, incurred by reason of his conviction on has applied for relief from disabilities im­ November 23, 1955, in the Circuit Court, Notice of Granting of Relief posed by Federal laws with respect to for the Eighth Judicial District, Alachua the acquistion, receipt, transfer, ship­ County, Fla., of a crime punishable by Notice is hereby given that Mr. Den­ imprisonment for a term exceeding 1 nis R. Cook, 1520 Pacific, Kansas City, ment, or possession of firearms incurred by reason of his conviction on September year. Unless relief is granted, it will be KS 66101, has applied for relief from unlawful for Leon Mordoh because of disabilities imposed by Federal laws with 17, 1954, in the Circuit Court, Pulaski County, Va., of a crime punishable by such conviction, to ship, transport, or respect to the acquisition, receipt, trans­ receive in interstate or foreign commerce fer, shipment, or possession of firearms imprisonment for a term exceeding one year. Unless relief is granted, it will be any firearm or ammunition, and he would incurred by reason of his conviction on be ineligible for a license under chapter February 10, 1965, in the District Court unlawful for Elmore Minter. because of such conviction, to ship, transport or 44, title 18, United States Code as a fire­ of Wyandotte County, Kans., of à crime arms or ammunition importer, manu­ punishable by imprisonment for a term receive in interstate or foreign commerce any firearm or ammunition, and he facturer, dealer, or collector. In addition, exceeding one year. Unless relief is under Title VII of the Omnibus Crime granted, it will be unlawful for Dennis R. would be ineligible for a license under chapter 44, title 18, United States Code Control and Safe Streets Act of 1968, as Cook because of such conviction, to ship, as a firearms or ammunition importer, amended (82 Stat. 236; 18 U.S.C., Ap­ transport or receive in interstate or pendix), because of such conviction, it foreign commerce any firearm or ammu­ manufacturer, dealer or collector. In ad­ dition, under title VII of the Omnibus would be unlawful for Leon Mordoh to nition, and he would be ineligible for a Crime Control and Safe Streets Act of receive, possess, or transport in com­ license under chapter 44, title 18, United 1968, as amended (82 Stat. 236; 18 U.S.C. merce or affecting commerce, any fire­ States Code as a firearms or ammunition Appendix), because of such conviction, arm. importer, manufacturer, dealer or col­ it would be unlawful for Elmore Minter Notice is hereby given that I have con­ lector. In addition, under title VII of to receive, possess, or transport in com­ sidered Leon Mordoh’s application and: the Omnibus Crime Control and Safe merce or affecting commerce, any fire­ (1) I have found that the conviction Streets Act of 1968, as amended (82 Stat. 236; 18 U.S.C., Appendix), because of arm. was made upon a charge which did not involve the use of a firearm or other such conviction, it would be unlawful for Notice is hereby given that I have con­ weapon or a violation of chapter 44, title Dennis R Cook to receive, possess, or sidered Elmore Minter’s application and: transport in commerce or affecting com­ (1) I have found that the conviction 18, United States Code, or of the National merce, any firearm. was made upon a charge which did not Firearms Act; and (2) It has been established to my satis­ Notice is hereby given that I have involve the use of a firearm or other faction that the circumstances regarding considered Dennis R. Cook’s application weapon or a violation of chapter 44, title and: 18, United States Code, or of the National the conviction and the applicant’s recoi d Firearms Act; and and reputation are such that the ap­ (1) I have found that the conviction (2) It has been established to my satis­ plicant will not be likely to act in a man­ was made upon a charge which did not ner dangerous to public safety, and that involve the use of a firearm or other faction that the circumstances regarding the conviction and the applicant’s record the granting of the relief would not be weapon or a violation of chapter 44, contrary to the public interest. title 18, United States Code, or of the and reputation are such that the appli­ National Firearms Act; and cant will not be likely to act in a man­ Therefore, pursuant to the authority ner dangerous to public safety, and that vested in the Secretary of the Treasury (2) It has been established to my the granting of the relief would not be by section 925(c), title 18, United States satisfaction that the circumstances re­ contrary to the public interest. Code and delegated to me by 26 CFR garding the conviction and the appli­ •Therefore, pursuant to the authority 178.144: It is ordered, That Leon Mor­ cant’s record and reputation are such doh be, and he hereby is, granted relief that the applicant will not be likely to vested in the Secretary of the Treasury by section 925(c), title 18, United States from any and all disabilities imposed by act in a manner dangerous to public Federal laws with respect to the acquisi­ safety, and that the granting of the Code and delegated to me by 26 CFR 178.144, it is ordered that Elmore Minter tion, receipt, transfer, shipment, or pos­ relief would not be contrary to the public session of firearms and incurred by rea­ interest. be, and he hereby is, granted relief from any and all disabilities imposed by Fed­ son of the conviction hereinabove de­ Therefore, pursuant to the authority eral laws with respect to the acquisition, scribed. vested in the Secretary of the Treasury by section 925(c), title 18, United States receipt, transfer, shipment, or possession Signed at Washington, D.C., this 14th J'Oae and delegated to me by 26 CFR of firearms and incurred by reason of day of April 1971. U8144: It is ordered, That Dennis R. the conviction hereinabove described. [seal] R andolph W. T hrower, ^ook be, and he hereby is, granted relief Signed at Washington, D.C., this 14th Commissioner of Internal Revenue. rom any and all disabilities imposed by day of April, 1971. [FR Doc;71—5639 Filed 4-21-71; 8:51 am] ederal laws with respect to the acquisi- non, receipt, transfer, shipment, or pos- [seal] R andolph W. T hrower, ession of firearms and incurred by Commissioner of Internal Revenue. FREDDIE LEE WRIGHT eason of the conviction hereinabove [FR Doc.71-5638 Filed 4-21-71;8:51 am] described. Notice of Granting of Relief Signed at Washington, D.C., this 14th Notice is hereby given that Freddie day of April 1971. LEON MORDOH Lee Wright, Route 1, Box 642, Bay City, Notice of Granting of Relief OR 97107, has applied for relief from lseal] R andolph W. T hrower, disabilities imposed by Federal laws with Commissioner of Internal Revenue. Notice is hereby given that Leon Mor- respect to the acquisition, receipt, trans­ IFR Doc,7J-5637 Filed 4-21-71;8:51 am] doh, 6422 Kennedy Lane, Indianapolis, fer, shipment, or possession of firearms

FEDERAL REGISTER, V O L 36, NO. 78— THURSDAY, APRIL 22, 1971 No. 78— »—5 7608 NOTICES incurred by reason of his conviction on and he would be Ineligible for a license Notice is hereby given that I have con­ August 4, 1969, in the Tillamook County under chapter 44, title 18, United States sidered Howard Kimbell’s application Court, Tillamook, Oreg., of a crime pun­ Code as a firearms or ammunition im­ and: ishable by imprisonment for a term ex­ porter, manufacturer, dealer, or collector. (1) I have found that the conviction ceeding 1 year. Unless relief is granted, In addition, under title VII of the Omni­ was made upon a charge which did not it will be unlawful for Freddie Lee Wright bus Crime Control and Safe Streets Act involve the use of a firearm or other because of such conviction, to ship, trans­ of 1968, as amended (82 Stat. 236; 18 weapon or a violation of chapter 44, title port, or receive in interstate or foreign U.S.C., Appendix), because of such con­ 18, United States Code, or of the National commerce any firearm or ammunition, viction, it would be unlawful for May­ Firearms Act; and and he would be ineligible for a license ford Vaughn Johnson to receive, possess, (2) It has been established to my satis­ under chapter 44, title 18, United States or transport in commerce or affecting faction that the circumstances regarding Code as a firearms or ammunition im­ commerce, any firearm. the conviction and the applicant’s record porter, manufacturer, dealer, or col­ Notice is hereby given that I have and reputation are such that the appli­ lector. In addition, under Title VII of considered Mayford Vaughn Johnson’s cant will not be likely to act in a manner the Omnibus Crime Control and Safe application and: dangerous to public safety, and that the Streets Act of 1968, as amended (82 (1) I have found that the conviction granting of the relief would not be con­ Stat. 236; 18 U.S.C., Appendix), because was made upon a charge which did not trary to the public interest. of such conviction, it would be unlawful involve the use of a firearm or other Therefore, pursuant to the authority for Freddie Lee Wright to receive, pos­ weapon or a violation of chapter 44, vested in the Secretary of the Treasury sess, or transport in commerce or affect­ title 18, United States Code, or of the by section 925(c) , title 18, United States ing commerce, any firearm. National Firearms Act; and Code and delegated to me by 26 CFR Notice is hereby given that I have con­ (2) It has been established to my sat­ 178.144: It is ordered, That Howard Kim­ sidered Freddie Lee Wright’s applica­ isfaction that the circumstances regard­ bell be, and he hereby is, granted relief tion and: ing the conviction and the applicant’s from any and all disabilities imposed (1) I have found that the conviction record and reputation are such that the by Federal laws with respect to the was made upon a charge which did not applicant will not be likely to act in a acquisition, receipt, transfer, shipment, involve the use of a firearm or other manner dangerous to public safety, and or possession of firearms and incurred by weapon or a violation of chapter 44, that the granting of the relief would not reason of the conviction hereinabove title 18, United States Code, or of the be contrary to the public interest. described. National Firearms Act; and Therefore, pursuant to the authority vested in the Secretary of the Treasury Signed at Washington, D.C., this 1st (2) It has been established to my sat­ day of April 1971. isfaction that the circumstances regard­ by section 925(c), title 18, United States ing the conviction and the applicant’s Code and delegated to me by 26 CFR [ seal] H arold T. S w artz, record and reputation are such that the 178.144: It is ordered, That Mayford Acting Commissioner applicant will not be likely to act in a Vaughn Johnson be, and he hereby is, of Internal Revenue. manner dangerous to public safety, and granted relief from any and all dis­ [FR Doc.71-5599 Filed 4-21-71;8:48 am] that the granting of the relief would not abilities imposed by Federal laws with be contrary to the public interest. respect to the acquisition, receipt, trans­ Therefore, pursuant to the authority fer, shipment, or possession of firearms RUDOLPH KUCHAREK vested in the Secretary of the Treasury and incurred by reason of the conviction by section 925(c), title 18, United States hereinabove described. Notice of Granting of Relief Code and delegated to me by 26 CFR Signed at Washington, D.C., this 12th Notice is hereby given that Rudolph 178.144: It is ordered, That Freddie Lee day of April 1971. Kucharek, 317 Farmdale Street, Fern- Wright be, and he hereby is, granted [seal] R andolph W. T hrower, dale, MI 48220, has applied fo r relief relief from any and all disabilities im­ Commissioner of Internal Revenue. from disabilities imposed by Federal laws posed by Federal laws with respect to the with respect to the acquisition, receipt, [FR Doc.71-5598 Filed 4-21-71;8:48 am] acquisition, receipt, transfer, shipment, transfer, shipment, or p ossession of fire­ or possession of firearms and incurred by arms incurred by reason of his convic­ reason of the conviction hereinabove HOWARD KIMBELL tion on December 1,1955, in the Oakland described. Notice of Granting of Relief County, Mich., Circuit Court, o f a crime Signed at Washington, D.C., this 13th punishable by imprisonment for a term Notice is hereby given that Howard exceeding 1 year. Unless relief is granted, day of April 1971. Kimbell, 413 Calhoun Street, Richmond, it will be unlawful for Rudolph Kucharek [seal! R andolph W. T hrower, VA, has applied for relief from disabili­ because of such conviction, to ship, trans­ Commissioner of Internal Revenue. ties imposed by Federal laws with respect port, or receive in interstate or foreign [FR Doc.71-5640 Filed 4-21-71;8:51 am] to the acquisition, receipt, transfer, ship­ commerce any firearm or ammunition, ment, or possession of firearms incurred and he would be ineligible for a license by reason of his conviction on October 15, under chapter 44, title 18, United States MAYFORD VAUGHN JOHNSON 1951, in the Recorder’s Court for Lincoln Code as a firearms or ammunition im­ County, Lincoln, N.C., of a crime punish­ porter, manufacturer, dealer, or collector. Notice of Granting of Relief able by imprisonment for a term exceed­ In addition, under titlè VII of the Omni­ Notice is hereby given that Mayford ing 1 year. Unless relief is granted, it will bus Crime Control and Safe Streets Act Vaughn Johnson, Route 2, Box 198A, be unlawful for Howard Kimbell because of 1968, as amended (82 Stat. 236; l# Wilkesboro, NC 28697, has applied for of such conviction, to ship, transport, or U.S.C., Appendix), because of such con­ relief from disabilities imposed by Fed­ receive in interstate or foreign commerce viction, it would be unlawful for Rudoip eral laws with respect to the acquisition, any firearm or ammunition, and he would Kucharek to receive, possess, or trans­ receipt, transfer, shipment, or posses­ be ineligible for a license under chapter port in commerce or affecting comm erc , sion of firearms incurred by reason of his 44, title 18, United States Code as a fire­ any firearm. conviction on May 21, 1945, in the U.S. arms or ammunition importer, manu­ Notice is hereby given that I have co District Court, Wilkes County, Wilkes­ facturer, dealer, or collector. In addition, sidered Rudolph Kucharek’s application boro, N.C., of a crime punishable by im­ under title VII of the Omnibus Crime and: ' . prisonment for a term exceeding 1 year. Control and Safe Streets Act of 1968, as (1) I have found that the conviction was made upon a charge which did Unless relief is granted, it will be unlaw­ amended (82 Stat. 236; 18 U.S.C., Appen­ other ful for Mayford Vaughn Johnson be­ dix) , because of such conviction, it would involve the useU O C Vof A a ------firearm------or . . . *i.1p cause of such conviction to ship, trans­ be unlawful for Howard Kimbell to re­ weapon or a violation of ch a p te r 44, port, or receive in interstate or foreign ceive, possess, or transport in commerce 18, United States Code, or of the Nation» commerce any firearm or ammunition, or affecting commerce, any firearm. Firearms Act; and

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 NOTICES 7609

(2) It has been established to my sat­ Therefore, pursuant to the authority ment, or possession of firearms and in­ isfaction that the circumstances regard­ vested in tlje Secretary of the Treasury curred by reason of the conviction here­ ing the conviction and the applicant’s by section 925(c), title 18, United States inabove described. record and reputation are such that the Code and delegated to me by 26 CFR Signed at Washington, D.C., this 31st applicant will not be likely to act in a 178.144: It is ordered, That David D. day of March 1971. manner dangerous to public safety, and Marrs, Sr., be, and he hereby is, granted that the granting of the relief would not relief from any and all disabilities im­ [ seal] H arold T. S wartz, be contrary to the public interest. posed by Federal laws with'respect to the Acting Commissioner Therefore, pursuant to the authority acquisition, receipt, transfer, shipment, of Internal Revenue. vested in the Secretary of the Treasury or possession of firearms and incurred by [FR Doc.71-5602 Filed 4-21-71;8:48 am] by section 925(c) , title 18, United States reason of the conviction hereinabove Code and delegated to me by 26 CFR described. EVERETT HAGER MAYNARD 178.144: It is ordered, That Rudolph Signed at Washington, D.C., this 13th Kucharek be, and he hereby is, granted day of April 1971. Notice of Granting of Relief relief from any and all disabilities im­ posed by Federal laws with respect to the [seal] R andolph W . T hrower, Notice is hereby given that Everett acquisition, receipt, transfer, shipment, Commissioner of Internal Revenue. Hager Maynard, Box 78, Lundale, WV 25631, has applied for relief from dis­ or possession of firearms and incurred by [FR Doc.71-5601 Filed 4-21-71;8:48 am] reason of the conviction hereinabove abilities imposed by Federal laws with described. respect to the acquisition, receipt, trans­ JAMES ROBERT MARTIN fer, shipment, or possession of firearms Signed at Washington, D.C., this 13th incurred by reason of his conviction on day of April 1971. - Notice of Granting of Relief May 28, 1953, in the Logan County Cir­ [seal] R andolph W . T hrower, Notice is hereby given that James Rob­ cuit Court, W. Va., of a crime punishable Commissioner of Internal Revenue. by imprisonment for a term exceeding ert Martin, Route No. 1, Woodville, AL, 1 year. Unless relief is granted, it will [PR Doc.71-5600 Filed 4-21-71; 8:48 am] has applied for relief from disabilities be unlawful for Everett H. Maynard be­ imposed by Federal laws with respect cause of such conviction, to ship, trans­ to the acquisition, receipt, transfer, DAVID DEWEY MARRS, SR. port, or receive in interstate or foreign shipment, or possession of firearms in­ commerce any firearm or ammunition, Notice of Granting of Relief curred by reason of his conviction on and he would be ineligible for a license March 13,1967, in the U.S. District Court under chapter 44, title 18, United States Notice is hereby given that David for the Northern District of Alabama, Dewey Marrs, Sr., 2802 Mahue Drive, Code as a firearms or ammunition im­ Huntsville, Ala., of a crime punishable by porter, manufacturer, dealer, or collec­ Memphis, TN 38127, has applied for relief imprisonment for a term exceeding 1 from disabilities imposed by Federal laws tor. In addition, under title VII of the year. Unless relief is granted, it will be Omnibus Crime Control and Safe Streets with respect to the acquisition, receipt, unlawful for James Robert Martin be­ transfer, shipment, or possession of fire­ Act of 1968, as amended (82 Stat. 236; cause of such conviction, to ship, trans­ 18 U.S.C., Appendix), because of such arms incurred by reason of his convic­ port, or receive in interstate or foreign tion on or about September 1, 1964, in conviction, it would be unlawful for commerce any firearm or ammunition, Everett H. Maynard to receive, possess, the U.S. District Court for the Western and he would be ineligible for a license District of Memphis, Tenn., of a crime under chapter 44, title 18, United States or transport in commerce or affecting punishable by imprisonment for a term commerce, any firearm. Code, as a firearms or ammunition im­ Notice is hereby given that I have con­ exceeding 1 year. Unless relief is granted, porter, manufacturer, dealer, or collector. it will be unlawful for David D. Marrs, sidered Everett H. Maynard’s application In addition, under title VII of the Omni­ and: Sr., because of such conviction, to ship, bus Crime Control and Safe Streets Act transport, or receive in interstate or for­ of 1968, as amended (82 Stat. 236; 18 (1) I have found that the conviction eign commerce any firearm or ammuni­ U.S.C., Appendix), because of such con­ was made upon a charge which did not tion, and he would be ineligible for a li­ viction, it would be unlawful for James involve the use of a firearm or other cense under chapter 44, title 18, United Robert Martin to receive, possess, or weapon or a violation of chapter 44, title States Code as a firearms or ammunition transport in commerce or affecting com­ 18, United States Code, or of the National importer, manufacturer, dealer, or col­ merce, any firearm. Firearms Act; and lector. In addition, under title VII of the Notice is hereby given that I have con­ (2) It has been established to my sat­ Omnibus Crime Control and Safe Streets sidered James Robert Martin’s applica­ isfaction that the circumstances regard­ Act of 1968, as amended (82 Stat. 236; 18 tion and: ing the conviction and the applicant’s ü-S.C., Appendix), because of such con- (1) I have found that the conviction record and reputation are such that the wction, it would be unlawful for David D. was made upon a charge which did not applicant will not be likely to act in a Mam, Sr., to receive, possess, or trans­ involve the use of a firearm or other manner dangerous to public safety, and port in commerce or affecting commerce, weapon or a violation of chapter 44, title that the granting of the relief would not any firearm. 18, United States Code, or of the National be contrary to the public interest. Notice is hereby given that I have con- Firearms Act; and Therefore, pursuant to the authority ldered David D. Marrs, Sr.’s applica­ (2) It has been established to my satis­ vested in the Secretary of the Treasury tion and: faction that the circumstances regarding by section 925(c), title 18, United States ill I have found that the'convictioi the conviction and the applicant's record Code and delegated to me by 26 CFR ^ as made upon a charge which did no and reputation are such that the appli­ 178.144: It is ordered, That Everett H. myoive the use of a firearm or othe: cant will not be likely to act in a manner Maynard be, and he hereby is, granted is tt°^ or a violation of chapter 44, titli dangerous to public safety, and that the relief from any and all disabilities im­ > United States Code, or of the Nationa granting of the relief would not be con­ posed by Federal laws with respect to mrearms Act; and trary to the public interest. the acquisition, receipt, transfer, ship­ „JR has been established to m; Therefore, pursuant to the authority ment, or possession of firearms and in­ Mi-A-t1011 the circumstances re vested in the Secretary of the Treasury curred by reason of the conviction saroing the conviction and the appli by section 925(c), title 18, United States hereinbefore described. thats,, recor the public in posed by Federal laws with respect to the acquisition, receipt, transfer, ship­ [FR Doc.71-5603 Filed 4r-21-71;8:48 am]

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7610 NOTICES

PAUL FREDERICK RITER of firearms incurred by reason of his ineligible for a license under chapter 44,1 conviction on or about May 6, 1943, in title 18, United States Code as a firearms! Notice of Granting of Relief the U.S. District Court, Jasper, Ala., or ammunition importer, manufacturer! Notice is hereby given that Paul Fred­ of a crime punishable by imprisonment dealer, or collector. In addition, under! erick Riter, 3905 Edwards Road, Cincin­ for a term exceeding 1 year. Unless relief title VII of the Omnibus Crime Control! nati, OH 45209, has applied for relief is granted, it will be unlawful for Grover and Safe Streets Act of 1968, as amended! from disabilities imposed by Federal laws Charles Sanders because of such convic­ (82 Stat. 236; 18 U.S.C., Appendix), be­ with respect to the acquisition, receipt, tion, to ship, transport, or receive in cause of such conviction, it would be] transfer, shipment, or possession of fire­ interstate or foreign commerce any fire­ unlawful for John Carl Teufel to receive,! arms incurred by reason of his convic­ arm or ammunition, and he would be in­ possess, or transport in commerce or! tion on April 15, 1933, and September 15, eligible for a license under chapter 44, affecting commerce, any firearm. 1938, in the Cuyahoga County Common title 18, United States Code as a firearms Notice is hereby given th a t I have con-J Pleas Court, Ohio, of a crime punishable or ammunition importer, manufacturer, sidered John Carl Teufel’s application! by imprisonment for a term exceeding 1 dealer, or collector. In addition, under and: year. Unless relief is granted, it will be title VIE of the Omnibus Crime Control ( 1) I have found that the conviction j unlawful for Paul F. Riter because of and Safe Streets Act of 1968, as amended was made upon a charge which did not! such conviction, to ship, transport, or (82 Stat. 236; 18 U.S.C., Appendix), be­ involve the use of a firearm or other! receive in interstate or foreign commerce cause of such conviction, it would be weapon or a violation of chapter 44, title] any firearm or ammunition, and he unlawful for Grover Charles Sanders to 18, United States Code, or of the National! would be ineligible for a license under receive, possess, or transport in com­ Firearms Act; and chapter 44, title 18, United States Code merce or affecting commerce, any (2) It has been established to my satis­ as a firearms or ammunition importer, firearm. faction that the circumstances regarding manufacturer, dealer, or collector. In Notice is hereby given that I have con­ the conviction and the applicant’s record! addition, under title VII of the Omnibus sidered Grover Charles Sanders’ appli­ and reputation are such that the appli- j Crime Control and Safe Streets Act of cation and: cant will not be likely to act in a manner! 1968, as amended (82 Stat. 236; 18 (1) I have found that the conviction dangerous to public safety, and that the] U.S.C., Appendix), because of such con­ was made upon a charge which did not granting of the relief would not be con­ viction, it would be unlawful for Paul F. involve the use of a firearm or other trary to the public interest. weapon or a violation of chapter 44, title Riter to receive, possess, or transport in Therefore, pursuant to the authority! commerce or affecting commerce, any 18, United States Code, or of the National Firearms Act; and vested in the Secretary of the Treasury by firearm. (2) It has been established to my satis­ section 925(c), title 18, United States! Notice is hereby given that I have con­ faction that the circumstances regard­ Code and delegated to m e by 26 CFR sidered Paul F. Riter’s application and: ing the conviction and the applicant’s 178.144: It is ordered, That John Carl (1) I have found that the conviction record and reputation are such that the Teufel be, and he hereby is, granted relief was made upon a charge which did not applicant will not be likely to act in a from any and all disabilities imposed by] involve the use of a firearm or other manner dangerous to public safety, and Federal laws with respect to the acquisi­ weapon or a violation of chapter 44, title that the granting of the relief would not tion, receipt, transfer, shipment, or pos­ session of firearms and incurred by rea­ 18, United States Code, or of the be contrary to the public interest. National Firearms Act; and son of the conviction hereinabove | Therefore, pursuant to the authority described. (2) It has been established to my sat­ vested in the Secretary of the Treasury isfaction that the circumstances regard­ by section 925(c), title 18, United States Signed at Washington, D.C., this 31st] ing the conviction and the applicant’s Code and delegated to me by 26 CFR day of March 1971. record and reputation are such that the 178.144: It is ordered, That Grover [SEAL] H arold T. Swartz, applicant will not be likely to act in a Charles Sanders be, and he hereby is, Acting Commissioner manner dangerous to public safety, and granted relief from any and all dis­ of Internal Revenue. that the granting of the relief would not abilities imposed by Federal laws with be contrary to the public interest. respect to the acquisition, receipt, trans­ [FR Doc.71-5606 Filed 4-21-71;8:48 am] Therefore, pursuant to the authority fer, shipment, or possession of firearms vested in the Secretary of the Treasury and incurred by reason of the conviction HARRY ROBERT TREGILLIS by section 925(c), title 18, United States hereinabove described. Notice of Granting of Relief Code and delegated to me by 26 CFR Signed at Washington, D.C., this 12th 178.144: It is ordered, That Paul F. Riter day of April, 1971. Notice is hereby given that Harry be, and he hereby isg, granted relief from Robert Tregillis, 2307 Colfax Avenue any and all disabilities imposed by Fed­ [seal] R andolph W. T hrower, South, Minneapolis, MN 55405, has Commissioner of Internal Revenue. eral laws with respect to the acquisition, applied for relief from disabilities un* receipt, transfer, shipment, or possession [PR Doc.71-5605 Filed 4-21-71;8:48 am] posed by Federal laws with respect to tne of firearms and incurred by reason of the acquisition, receipt, transfer, shipment, conviction hereinabove described. or possession of firearms incurred by rea- Signed at Washington, D.C., this 31st JOHN CARL TEUFEL son of his conviction on M a rch 24,> day of March, 1971. in the U.S. District Court, fo r the District Notice of Granting of Relief of Hawaii, of a crime punishable by im­ [ seal] H arold T. Swartz, Notice is hereby given that John Carl prisonment for a term ex ceedin g 1 Acting Commissioner Teufel, 418 Brookside Avenue, Oakhurst, Unless relief is granted, it will be um a - of Internal Revenue. N.J., has applied for relief from disabil­ ful for Harry R. Tregillis because of sm [PR Doc.71-5604 Filed 4-21-71;8:48 am] ities imposed by Federal laws with respect conviction, to ship, transport, or rece to the acquisition, receipt, transfer, ship­ in interstate or foreign commerce any ment, or possession of firearms incurred firearm or ammunition, and he worn GROVER CHARLES SANDERS by reason of his conviction on March 19, ineligible for a license under chapte > title 18, United States Code as a Area™ Notice of Granting of Relief 1942, in the Union County Court, Eliza­ beth, N.J., of a crime punishable by im­ or ammunition importer, m anufactu ’ Notice is hereby given that Grover prisonment for a term exceeding 1 year. dealer, or collector. In addition, mi Charles Sanders, 2934 Columbus Street, Unless relief is granted, it will be unlaw­ title VH of the Omnibus Crime Cont Detroit, MI 48206, has applied for relief ful for John Carl Teufel because of such and Safe Streets Act of 1968, as amendea from disabilities imposed by Federal conviction, to ship, transport or receive (82 Stat. 236; 18 U.S.C., AS&dW laws with respect to the acquisition, re­ in interstate or foreign commerce any because of such conviction, it worn ceipt, transfer, shipment, or possession firearm, or ammunition, and he would be unlawful for Harry R. -Tregillis »

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 NOTICES 7611

[eceive, possess, or transport in com­ involve, the use of a firearm or other that the granting of the relief would not merce or affecting commerce, any weapon or a violation of chapter 44, be contrary to the public interest. firearm. title 18, United States Code, or of the Therefore, pursuant to the authority [ Notice is hereby given that I have con­ National Firearms Act; and vested in the Secretary of the Treasury sidered Harry R. Tregillis’ application (2) It has been established to my sat­by section 925 (c), title 18, United States ind: isfaction that the circumstances regard­ Code and delegated to me by 26 CFR (1) I have found that the conviction ing the conviction and the applicant’s 178.144: It is ordered, That Dennis W. Las made upon a charge which did not record and reputation are such that the Freeman be, and he hereby is, granted bvolve the use of a firearm or other applicant will not be likely to act in a relief from any and all disabilities im­ Leapon or a violation of chapter 44, title manner dangerous to public safety, and posed by Federal laws with respect to the 18, United States Code, or of the National that the granting of the relief would not acquisition, receipt, transfer, shipment, Firearms Act; and be contrary to the public interest. or possession of firearms and incurred by | (2) It has been established to my sat­ Therefore, pursuant to the authority reason of the conviction hereinabove isfaction that the circumstances regard­ vested in the Secretary of the Treasury described. ing the conviction and the applicant’s by section 925(c), title 18, United States Signed at Washington, D.C., this 1st record and reputation are such that the Code, and delegated to me by 26 CFR day of April 1971. applicant will not be likely to act in a 178.144: It is ordered, That Donald L. manner dangerous to public safety, and Cramer be, and he hereby is, granted [seal] H arold T. Swartz, that the granting of the relief would not relief from any and all disabilities im­ Acting Commissioner be contrary to the public interest. posed by Federal laws with respect to the of Internal Revenue. Therefore, pursuant to the authority acquisition, receipt, transfer, shipment, [FR Doc.71-5609 Filed 4-21-71:8:49 am] vested in the Secretary of the Treasury or possession of firearms and incurred by section 925(c), title 18, United States by reason of the conviction hereinabove HARRY BLAKE GOWEN Code and delegated to me by a 26 CPR described. 178.144: It is ordered, That Harry R. Tre­ Signed at Washington, D.C., this 31st Notice of Granting of Relief gillis be, and he hereby is, granted relief day of March 1971. Notice is hereby given that Harry Blake. from any and all disabilities imposed by Gowen, Rural Route Box 290, Arrington, [Federal laws with respect to the acquisi­ [ seal] Harold T. S wartz, VA 22922, has applied for relief from tion, receipt, transfer, shipment, or Acting Commissioner disabilities imposed by Federal laws with possession of firearms and incurred by of Internal Revenue. respect to the acquisition, receipt, trans­ reason of the conviction hereinabove [FR Doc.71-5608 Filed 4-21-71;8:48 am] fer, shipment, or possession of firearms described. incurred by reason of his conviction on Signed at Washington, D.C., this 31st September 27,1965, in the Nelson County [day of March 1971. DENNIS W. FREEMAN Circuit Court, Lovingston, Va., of a Notice of Granting of Relief crime punishable by imprisonment for [seal] Harold T. S wartz, a term exceeding 1 year. Unless relief is Acting Commissioner Notice is hereby given that Dennis W. granted, it will be unlawful for Harry of Internal Revenue. Freeman, 1275 Taft Street, Eugene, OR, Blake Gowen because of such .conviction, [FR Doc.71-5607 Filed 4-21-71;8:48 am] has applied for relief from disabilities im­ to ship, transport, or receive in interstate posed by Federal laws with respect to the or foreign commerce any firearm or am­ acquisition, receipt, transfer, shipment, munition, and he would be ineligible for DONALD L. CRAMER or possession of firearms incurred by rea­ a license under chapter 44, title 18, son of his conviction on December 16, United States Code as a firearms or am­ Notice of'Granting of Relief 1968, in the Douglas County Circuit munition importer, manufacturer, dealer, Notice is hereby given that Donald L. Court, Roseburg, OR, of a crime punish­ or collector. In addition, under title VII Cramer, 3674 South Portsmouth Road, able by imprisonment for a term exceed­ of the Omnibus Crime Control and Safe Bridgeport, MI 48722, has applied for ing 1 year. Unless relief is granted, it will Streets Act of 1968, as amended (82 Stat. relief from disabilities imposed by Fed­ be unlawful for Dennis W. Freeman be­ 236; 18 U.S.C., Appendix), because of eral laws with respect to the acquisition, cause of such conviction, to ship, trans­ such conviction, it would be unlawful for receipt, transfer, shipment, or posses­ port, or receive in interstate or foreign Harry Blake Gowen to receive, possess, or sion of firearms incurred by reason of commerce any firearm or ammunition, transport in commerce or affecting com­ ‘'is conviction on or about December 17, and he would be ineligible for a license merce, any firearm. j );,111 the Circuit Court for the county under chapter 44, title 18, United States Notice is hereby given that I have con­ {."Jdknd, Mich., of a crime punish- Code as a firearms or ammunition im­ sidered Harry Blake Gowen’s application we by imprisonment for a term exceed- porter, manufacturer, dealer, or collector. and: irifi t year- ^rr^ess relief is granted, it In addition, under title VII of the Omni­ (1) I have found that the conviction ™ be unlawful for Donald L. Cramer bus Crime Control and Safe Streets Act was made upon a charge which did not trV^use such conviction, to ship, of 1968, as amended (82 Stat. 236; 18 involve the use of a firearm or other U.S.C., Appendix), because of such con­ Pi™ 0rt’ or receive in interstate or for- weapon or a violation of chapter 44, title ti™ con\merce any firearm or ammuni- viction, it would be unlawful for Dennis 18, United States Code, or of the National W. F r e e m a n to receive, possess, or trans­ n ’ and wouid be ineligible for a Firearms Act; and ^ ? e^ der chapter 44, title 18, United port in commerce or affecting commerce, (2) It has been established to my satis­ ¡re ce d e as a firearms or ammunition any firearm. faction that the circumstances regarding Notice is hereby given that I have con­ the conviction and the applicant’s record lpJrr t ’ manufacturer, dealer, or col- sidered Dennis W. Freeman’s applica­ and reputation are such that the appli­ rwiu a ction , under title VH of the tion and : Apt Control and Safe Streets cant will not be likely to act in a man­ (1) I have found that the conviction ner dapgerous to public safety, and that 18 TTQn’ as amended (82 Stat. 236; was made upon a charge which did not the granting of the relief would not be cnnvini- ^PPcndix), because of such involve the use of a firearm or other contrary to the public interest. aid l r ^ wcadd he unlawful for Don- weapon or a violation of chapter 44, title Therefore, pursuant to the authority tran • ..amer to receive, possess, or 18, United States Code, or of the National m commerce or affecting com- vested in the Secretary of the Treasury erce> any firearm. Firearms Act; and by section 925(c), title 18, United States (2) It has been established to my sat­ Code and delegated to me by 26 CFR hereby given that I have con- isfaction that the circumstances regard­ 178.144: It is ordered, That Harry Blake anfl. d Donald L. Cramer’s application ing the conviction and the applicant’s Gowen be, and he hereby is, granted re­ record and reputation are such that the lief from any and all disabilities imposed w^moi19,76 found that the conviction applicant will not be likely to act in a by Federal laws with respect to the ac­ ade upon a charge which did not manner dangerous to public safety, and quisition, receipt, transfer, shipment, or

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7612 NOTICES possession of firearms and incurred by 1971, will be officially filed in the Land b. The surveyed area in T. 6 N„ R 42] reason of the conviction hereinabove Office, Boise, Idaho, effective at 10 a.m. E., aggregates 1,685.61 acres, the resurJ described. on May 20, 1971: veyed area aggregates 160 acres. The! Signed at Washington, D.C., this 12th B o ise M e r id ia n , I dah o lands are situated about 18 miles north-! day of April, 1971. T. 28 N., R. 10 E., tmsurveyed, westerly o f the town of Tonopah, Nev I Tracts 37, 38, and 39. in the San Antonio mining district, Nye] [ seal] R andolph W . T hrower, County, Nev. Access is by way of’ sev-| Commissioner of Internal Revenue. The tracts described aggregate 5.33 eral unimproved dirt roads extending! [PR Doc.71-5610 Piled 4-21-71;8:49 am] acres. northeasterly from graded and graveled! 2. All of the above-described land isState Route No. 89, at a point approxi-l embraced in the Nezperce National For­ mately 17 miles northwest of Tonopah.| Office of the Secretary est. The tracts are included in Forest Ex­ The area drains westerly into the Big! CLEAR SHEET GLASS FROM TAIWAN change applications 1-3408, 1-3409, and Smoky Valley. Elevations range from| 1-3410, and are segregated in accordance about 5,460 feet above sea level at the] Determination of Sales at Less Than with 43 CFR 2202.5 from appropriation northwest township corner to about! Fair Value under the public land laws, including the 6,580 feet above sea level on the top of a] mining laws. small peak on the north boundary ofj A pril 20,1971. O rval G. H a d l e y , section 32. Information was received on June 20, Manager, Land Office. The soil in the area is composed gen-1 1969, that clear sheet glass from Taiwan [PR Doc.71-5574 Piled 4-21-71;8:45 am] erally of sand and rock. The west portionj was being sold at less than fair value of the area lies mainly in a fairly level | within the meaning of the Antidumping desert area. Section 32 lies on the west] Act, 1921, as amended (19 U.S.C. 160 et NEVADA slope of the San Antonio Mountains with] seq.) (referred to in this notice as “ the .many rocky outcroppings. There is I Act” ). Notice of Filing of Plats of Survey and no timber in the area, with the exception} A “ Withholding of Appraisement Order Providing for Opening of Lands of a few scrub cedar; the vegetation con­ ffotice” issued by the Acting Commis­ sists of sagebrush, greasewood, rabbit­ A p r il 13,1971. sioner of Customs was published in the brush, and several varieties of cactus. 1. The Plats of Survey of lands de­ F ederal R egister of January 21, 1971. The south portion of the area is anj I hereby determine that for the rea­ scribed below will he officially filed at the area of extensive mining exploration with] sons stated below, clear sheet glass from Nevada Land Office, Reno, Nev., effective evidence of a large deposit of minerals,] Taiwan is being, or likely to be, sold at 10 a.m. on May 28, 1971. consisting chiefly of molybdenite with] less than fair value within the meaning M o u n t D iab lo M e r id ia n , N evada some silver, copper, and gold. of section 201(a) of the Act. a. T. 5 N., R. 42 E. (Group 467). The average of a co n sid e ra b le number] S tatement op R easons on W hich T his b. T. 6 N., R. 42 E. (Group 467). of readings throughout th e area gives a] D etermination Is B ased 2. a. The surveyed area in T. 5 N., R. value of 17°00' E., for the m ean magnetic] declination. Analysis of information from all 42 E., aggregates 1,853.93 acres. The plat 3. Subject to any existing valid rights sources reveals that the appropriate basis was accepted March 22,1971. Township 5 North, Range 42 East, M.D.M. is situated and the requirements of applicable laws,] of comparison is between purchase price regulations, and the e x ch a n g e classifica­ and home market price. about 18 miles northwesterly of the town tion published in the F ederal R egister, Purchase price was calculated on the of Tonopah, Nev., and in the San An­ tonio mining district in Nye County, March 27, 1969, page 5748, the above- basis of a C&F, or C.I.F. duty paid price, described lands are hereby opened to as appropriate, less transportation costs, Nev. Access is by way of several unim­ proved dirt roads extending northeast­ filing applications, selections, and loca­ discounts, commissions, and the U.S. tion, except for applications under the duty, as applicable. Hie appropriate Tai­ erly from graded and graveled State Route No. 89, at a point approximately Small Tract, Desert Land and Homestead wanese duty reimbursements and com­ Laws, in accordance with th e following: modity taxes, refunded or not collected 17 miles northwest of Tonopah. Applications and selections under the upon exportation, were added to the The area drains westerly into the Big price. Smoky Valley with the exception of the nonmineral public land laws may be pre­ sented to the Manager mentioned below,] The home market price was based on south boundary of section 36, which beginning on the date of the order. Such the weighted average price in the country drains easterly into Ralston Valley. applications, selections and offers will be of exportation, with adjustments made Elevations range from about 5,350 feet considered as filed on the hour and re-1 for inland freight, credit costs, and pack­ above sea level on the west boundary of section 30, to about 6,880 feet above sea spective dates shown for the various ing. classes enumerated in the following para­ Purchase price was found to be lower level on top of the divide of the San An­ tonio Mountains near the comer of sec­ graphs: Applications by persons having j than the home market price. prior existing valid settlement rights,] The U.S. Tariff Commission is being tions 35 and 36 on the south boundary of the township. preference rights conferred by existing] advised of this determination. laws, or equitable claims subject to ai-j This determination is being published The soil is composed generally of sand lowance and confirmation will be. aa-j pursuant to section 201(c) of the Act (19 and rock with the west portion of the judicated on the facts presented in sup­ U.S.C. 160(c)). area lying mainly in a fairly level desert port of such claim or right. All aPPhca' area and the south boundary crossing tions presented by persons other tna [seal] Eugene T. R ossides, the San Antonio Mountains which is Assistant Secretary of the Treasury. those referred to in this paragraph win mostly rocky. There is no timber in the be subject to the applications and claims [PR Doc.71-5704 Piled 4r-21-71;9:16 am] area and the vegetation consists of sage­ mentioned in this paragraph. All van brush, greasewood, rabbitbrush, and sev­ applications and selections under 1 eral varieties of cactus. nonmineral public land laws present The north and west portion of the prior to 10 a.m., May 28, 1971, will j DEPARTMENT OF THE INTERIOR area is an area of extensive mining ex­ considered as simultaneously filed at tn j Bureau of Land Management ploration, both old and current, with hour. Rights under such applications ana evidence of a large deposit of minerals, selections filed after that hour will IDAHO consisting chiefly of molybdenite with governed by the time of filing. some silver, copper, and gold. Notice of Filing of Plats of Survey 4. Persons claiming preference rig The average of a considerable number based upon valid settlement, statute A pril 15,1971. of readings throughout the area gives a preference, or equitable claims must i. Plats of survey for the followingvalue of 17°00' E., for the mean magnetic close properly corroborated statem . described lands, accepted March 12, declination. in support of their applications, set

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 NOTICES 7613 forth all facts relevant to their claims. Fish and Wildlife Service of approximately 1,040,000 acres within Detailed rules and regulations govern­ Kenai National Moose Range and is lo­ ing applications, which may be filed pur­ KENAI NATIONAL MOOSE RANGE cated in the Kenai Borough, State of suant to this notice can be found in Title 43 of the Code of Federal Regulations. Notice of Public Hearing Regarding Alaska. Inquiries A brochure containing a map and in­ concerning these lands shall Wilderness Proposal be addressed to the Manager, Land formation about the Kenai Wilderness Office, Bureau of Land Management, 300 Notice is hereby given in accordance proposal may be obtained from the Booth Street, Reno, NV 80502. with provisions of the Wilderness Act of Refuge Manager, Kenai National Moose R olla E . C h a n d l e r , September 3,1964 (Public Law 88-577; 78 Range, Box 500, Kenai, Alaska 99611, or Manager, Nevada Land Office, Stat. 890-896; 16 U.S.C. 1131-1136), that the Alaska Area Director, Bureau of [PRDoc.71-5575 Filed 4-21-71;8:45 am] a public hearing will be held beginning Sport Fisheries and Wildlife, 6917 Seward at 9 a.m. on June 23, 1971, at Sidney Highway, Anchorage, AK 99502. STATE DIRECTORS Lawrence Auditorium, Anchorage, Third Individuals or organizations may ex­ press their oral or written views by ap­ Delegation of Authority Judicial District, Alaska, and continued at 9 a.m. June 25, 1971, at the Kenai pearing at this hearing or they may sub­ Bureau of Land Management, Associ­ Central High School auditorium, Kenai, mit written comments for inclusion in the ate Director, delegates procurement au­ official record of the hearing to the Re­ thority to State Directors, effective upon Third Judicial District, Alaska, on a pro­ publication (4-22-71). posal leading to a recommendation to be gional Director at the above address by State Directors—1. Negotiated con­ made to the President of the United July 26, 1971. tracts. May enter into contracts pursu­ States by the Secretary of the Interior, J . P. L in d u s k a , ant to section 302(c) (2) of the Federal regarding the desirability of including Associate Director, Bureau of Property and Administrative Services the Kenai Wilderness proposal within Sport Fisheries and Wildlife. Act, regardless of amount. This author­ ity is to be used for rental of equipment the National Wilderness Preservation A p r il 19,1971. and aircraft and for procurement of sup­ System. The wilderness proposal consists [FR Doc.71-5641 Filed 4-21-71;8:52 am] plies and services required for emergency fire suppression and presuppression, where the order exceeds $2,500. 2. Open market purchases. May enter Office of the Secretary into contracts pursuant to section 302 AUBURN RANCHERIA IN CALIFORNIA AND INDIVIDUAL MEMBERS THEREOF (c) (3) of the Federal Property and Ad­ ministrative Services Act, for supplies, Notice of Termination of Federal Supervision Over Property services and rental of equipment and air­ Notice is hereby given deleting the names of the following dependent members craft not to exceed $2,500 per transac­ of the immediate family of distributee from those listed in the August 18 1967 tion; and for construction not to exceed approved Notice of Termination of Federal Supervision over the Property of the $2,000 per transaction; provided that the Auburn Ranchería in California and Individual Members thereof. requirement is not available from estab­ lished sources of supply. 3. Established sources of supply. May Deletion ot dependent Date Relationship procure supplies and services available family member of Address to Distributee from established sources of supply re­ birth distributee gardless of amount. 4. Capitalized property. May enter into Marcella Phyllis Hill. 6-25-24 Post Office Box 3, Valentine, Ariz. Wife John Hill. contracts, under authority of subpara­ 86437. Frank Lewis Hill___ 4-15-43 Post Office Box 956, Hoopa, Calif. Stepson. John Hill. graphs 1, 2, or 3 above, as appropriate, 95546. for purchase of capitalized property John W. Hill, III___ 16-29-46 ------gon_____ John Hill. Robert J. H ilL ...... 8-31-49 Post Office Box 3, Valentine, Ariz. Son John Hill. where the item is required for immediate 86437. use in suppression of active fires, and im­ Judith Lydia Hill__ 4-09-52 Post Office Box 3, Valentine, Ariz. Daughter John Hill. mediate delivery for use on that fire is 86437. attainable. If the purchase is to be charged to 1510 funds, or if the item is This notice, with respect to the above- uot included in an approved equipment named dependent family members only, Duaget, the State Director must request DEPARTMENT OF AGRICULTURE prior approval of purchase by the Assist­ rescinds pro tanto, and as of August 18, Agricultural Stabilization and ant Director, Administration. This au- 1967, the Notice of Termination approved Conservation Service tnonty may be exercised only in true August 11, 1967, which became effective mergency situations where immediate on publication on August 18, 1967, F ed ­ BURLEY TOBACCO nr™ eIy *s critical. In all other cases, the eral R e g is t e r , Volume 32, Number 160. Notice of Referendum ^ Bureau Manual 1511.06G This notice becomes effective as of the gardmg acquisition of capitalized prop- Notice is hereby given that on May 4, date of publication in the F ederal R eg ­ thie a?plies’ T*1® authority granted in 1971, a referendum will be held of farm­ ¿"rsubparagraph 4 may be redelegated. is t e r (4-22-71). ers engaged in the production of the 1970 re(*uests f°r approval must be crop of Burley tobacco, pursuant to the submitted by the State Director. N R ogers C . B. M o r t o n , provisions of the Agricultural Adjust­ Secretary of the Interior. ment Act of 1938, as amended, and as J o h n O . C r o w , A p r il 13,1971. further amended by Public Law 92-10, Associate Director. approved April 14, 1971. The referen­ (PR Doc.71-5502 Filed 4-21-71;8:45 am] [FR Doc.71-5576 Filed 4-21-71;8:46 am] dum will be held at polling places. The

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7614 NOTICES purpose of the referendum is to deter­ quotas will be in effect on the 1971 crop, North Avenue, Milwaukee, Wisconsin mine whether the farmers voting favor a it is necessary to hold the referendum as 53201 (NDA 10-176). national marketing quota (on a pound­ soon as possible. Accordingly, it is here­ 2. Dicyclomine hydrochloride, sodium I age basis) for each of the 1971-72,1972- by found that compliance with the notice lauryl sulfate, and hydrolyzed sodium 73, and 1973-74, marketing years for and public procedure requirements of 5 carboxymethylcellulose, marketed as Burley tobacco. The referendum will be U.S.C. 553 with respect to the date of the Benulone Suspension by Wm. S. Merrell I conducted in accordance with the provi­ referendum is impracticable and con­ Co., Division of Richardson-Merrell, Inc., sions of the Act and the Regulations Gov­ trary to the public interest. 110 East Amity Road, Cincinnati, Ohio 45215 (NDA 10-907). erning the Holding of Referenda on Mar­ Signed at Washington, D.C. on April keting Quotas, as amended, Part 717 of Such drugs are regarded as new drugs 20, 1971. (21 U.S.C. 321 (p )). The effectiveness this chapter (28 F.R. 13249). K enneth E. F rick, In view of the facts that Public Law classification and marketing status are Administrator, Agricultural Sta­ described below. 92-10, was not enacted until April 14, bilization and Conservation A. Effectiveness classification. The 1971, and that Burley tobacco farmers Service. need to know as far in advance of plant­ Food and Drug Administration has con­ ing time as possible, whether marketing [PR Doc.71-5702 Filed 4-21-71;9:00 am] sidered the Academy’s reports, as well as other available evidence, and concludes that: Packers and Stockyards Administration 1. Piperidolate hydrochloride with pi-1 penzolate bromide lacks substantial evi­ SKAGGS RANCH SALES ARENA, ET AL. dence of effectiveness for its claim for gastritis. Notice of Changes in Names of Posted Stockyards 2. Except for the indication referred It has been ascertained, and notice is hereby given, that the names of the to above, these drugs are considered to be possibly effective for all other labeled livestock markets referred to herein, which were posted on the respective dates indications. specified below as being subject to the provisions of the Packers and Stockyards B. Marketing status. 1. W ithin 60 days Act, 1921, as amended (7 U.S.C. 181 et seq.), have been changed as indicated below. after publication of this announcement Original name of stockyard, location, Current name of stockyard and date of in the F ederal R e g ister, the holder of and date of posting change in name any approved new-drug application for i C olorado which a drug is classified in paragraph Skaggs Ranch Supply, Colorado Springs, Apr. 12, Skaggs Ranch Sales Arena, Mar. 15, A above as lacking substantial evidence 1961, 1971- of effectiveness is requested to submit a K a n sa s supplement to his application to provide Herington Livestock Auction Company ^Herington, Herington Livestock Auction Co. Inc., for revised labeling, as needed, which de­ Mar. 31,1950. Jan- 1971- letes those indications for which sub­ Oklahoma stantial evidence of effectiveness is lack­ Cattleman’s Stockyards, Comanche, Sept. 2, 1964_ , Farmers & Ranchers Stockyard, Mar. 22, ing. Such a supplement should be sub­ 1971. mitted under the provisions o f § 130.9 (d) Dewey Community Sale, Dewey, Aug. 31, 1964----- Dewey Livestock Sale Company, Mar. 23, and (e) of the new-drug regulations (211 1971. CFR 130.9 (d) and (e) ) which permit < T exas certain changes to be put into effect at Conroe Cow Palace, Conroe, May 15, 1962______Conroe Livestock Commission Com­ the earliest possible time, and the revised pany, Apr. 15,1971. labeling should be put into use within Jacksonville Livestock Market, Jacksonville, Jacksonville Livestock Market, Inc., the 60-day period. Failure to do so may Dec. 17,1966. Feb. 17,1971. Navasota Livestock Commission Company, Inc., Navasota Livestock Auction Company, result in a proposal to w ithdraw approval Navasota, Oct. 1,1965. Jan. 20,1971. of the new-drug application. 2. If any such preparation is on the Done at Washington, D.C., this 15th day of April 1971. market without an approved new-drug J o h n R. B r a n n ig a n , application, its labeling should be re­ Acting Chief, Registrations, Bonds, and Reports vised if it includes those claims for which Branch, Livestock Marketing Division. substantial evidence of effectiveness is [FR Doc.71-5565 Filed 4-21-71;8:45 am] lacking as described in paragraph A j above. Failure to delete such indications and put the revised labeling into use [DESI 10176] DEPARTMENT OF HEALTH, within 60 days after the date of publi­ CERTAIN COMBINATION ANTICHO­ cation hereof in the F ederal R egister LINERGIC GASTROINTESTINAL may cause the drug to be subject to regu­ EDUCATION, AND WELFARE DRUGS latory proceedings. Food and Drug Administration 3. The notice “Conditions for Market­ Drugs for Human Use; Drug Efficacy [DESI 5897; Docket No. FDC-D-265; ing New Drugs Evaluated in Drug NDA 5-897, etc.] Study Implementation cacy Study,” published in the Federal FOLIC ACID PREPARATIONS, ORAL The Food and Drug Administration has R e g is t e r July 14, 1970 (35 F.R- 1*2 - AND PARENTERAL FOR THERA­ evaluated reports received from the Na­ describes in paragraphs (d ), (e), and the status of a drug labeled with those | PEUTIC USE tional Academy of Sciences-National Re­ indications for which it is regarded Drugs for Human Use; Drug Efficacy search Council, Drug Efficacy Study Study Implementation possibly effective. Group, on the following anticholinergic A copy of the Academy’s report nas Correction gastrointestinal drugs for oral adminis­ been furnished to each firm referre In F.R. Doc. 71-4952 appearing at page tration: above. Any other interested person 6843 in the issue for Friday, April 9,1971, 1. Piperidolate hydrochloride and pi-obtain a copy by request to the F ood ^ the reference to “ 01.5 mg.” in paragraph penzolate bromide, marketed as Tridal Drug Administration, Press ^ a *!L b in the third column on page 6843 should Tablets by Lakeside Laboratories, Divi­ Office (CE-2000), 200 c Street sw, read “ 0.15 mg.” sion of Colgate-Palmolive Co., 1707 East Washington, D.C. 20204.

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 NOTICES 7615

Communications forwarded in response available for examination, both before lights are installed in a configuration of to this announcement should be identi­ or after the closing date for comments, two groups of four or more lights located fied with the reference number DESI in Room 715, 800 Independence Avenue symmetrically about the runway center- 10176, directed to the attention of the SW., Washington, DC. line at each end of the runway, the lateral appropriate office listed below, and ad­ The text of the proposed Selection spacing forming a line of lights at right dressed to the Food and Drug Adminis­ Order is as follows: angles to the runway centerline. The tration, 5600 Fishers Lane, Rockville, 1. Purpose. This order provides for outermost light in each group is in line Maryland 20852: the incorporation of improved Runway with the corresponding row of edge-of- Supplements (Identify with NDA num ber): Perimeter Lighting Systems in the Na­ runway lights on each side. The inner­ Office o f Scientific Evaluation (BD-100), tional Airspace System (NAS) and estab­ most light of each group is a minimum Bureau o f D rugs. lishes implementation criteria. of 40 feet from the runway centerline. Original new-drug applications: Ofiice of 2. Requirement. Although runway The line of lights is a minimum of 2 Scientific Evaluation (BD-100), Bureau of perimeter lighting (runway edge, runway feet and a maximum of 10 feet from the Drugs. end and threshold) has been provided for All other communications regarding this runway threshold. For runways less than announcement: Drug Efficacy Study Imple­ approach and landing operations for 100 feet wide, each group of runway end mentation Project Office (BD-5). Bureau many years by means of technical stand­ and threshold lights consists of three of Drugs. ards .(Medium and High Intensity Run­ lights with a minimum gap of 40 feet. way Lighting Systems), there is a This notice is issued pursuant to pro­ Lights to mark displaced or relocated requirement for a selection order to in­ thresholds shall be installed outboard of visions of the Federal Food, Drug, and corporate improved runway perimeter the runway or In the pavement. Cosmetic Act (secs. 502, 505, 52 Stat. lighting systems in the NAS. Recent flight d. Color. The runway edge fights are 1050-53, as amended; 21 U.S.C. 352, 355) tests and evaluations indicate that safety white, the runway end lights (directed and under authority delegated to the of flight operations will be improved by toward the runway) are red and the Commissioner of Food and Drugs (21 changing runway end lights (directed threshold fights (directed away from the CFR 2.120.) toward the runway) from green to red. runway) are green. Dated: March 31,1971. This will indicate that a hazardous con­ Lights marking displaced thresholds dition is being approached (end of run­ S am D. F ine, and edge fights in the displaced threshold way) and prevent confusion with green area shall be an approriate color combi­ Associate Commissioner taxiway centerline lights. The yellow for Compliance. nation (green, white, red, blue) depend­ edge lighting in the last 2,000 feet of ing on the intended use of the displaced [PR Doc.71-5612 Piled 4-21-71,*8:49 am] instrument runways for indicating the threshold area for taxiing, takeoff, or caution zone will be changed to white rollout. edge lighting to provide greater contrast 5. Initial implementation criteria. with the red runway end lights. Also, Runway Perimeter Lighting Systems im­ DEPARTMENT OF yellow edge lighting is not effective in plementation criteria follow: providing positive identification, par­ TRANSPORTATION ticularly at the lowest intensity setting (1) High Intensity Runway Lighting and the caution zone is more positively (HIRL) shall be installed on: Federal Aviation Administration indicated by the 3,000-foot long color- (a) All Category n runways. [Notice 71-RD-l] coded red/white centerline lighting or (b) Precision instrument runway Cat­ egory D aircraft. RUNWAY PERIMETER LIGHTING reflective markers. 3. Selection decision. Runway Perim­ (2) HIRL may be installed on any SYSTEMS eter Lighting Systems described in other runway where it is operationally Notice of Proposed Selection paragraph 4 of this order are responsive desirable and feasible. to the above requirement and are hereby (3) Medium Intensity Runway Light­ The Federal Aviation Administration selected for incorporation in the National ing shall be installed on Utility Class is considering adopting a Selection Or­ Airspace System, pursuant to section 312 Airports and on runways of other air­ der for Runway Perimeter Lighting Sys­ (c) of the Federal Aviation Act. tems. A Selection Order is the method ports not covered in (1) or (2) above. 4. Description. Runway Perimeter (4) Red runway end and green thresh­ used by the Federal Aviation Admini­ Lighting Systems may be installed either stration for selecting new systems, old lights shall be installed on all as High Intensity Runway Lighting runways. equipments, facilities, or devices for in­ or as Medium Intensity Runway Light­ corporation in the National Airspace ing Systems, both systems having the (5) Yellow filters shall be removed System in order to insure proper oper- same configuration. from existing High Intensity Lighting f compatibility between elements a. Configuration. A basic runway pe­ edge lights when red runway end fighting of the common civil-military system of rimeter lighting system consists of two is installed.1 air traffic control and air navigation fa­ straight lines of runway edge lights de­ 6. Directed action. Subject to applica­ cilities. A notice of proposed selection is fining the lateral limits of the runway. ble rule making, programing, and budg­ issued, as a matter of policy, in those The longitudinal limits of the runway are etary procedures, action shall be taken instances where invitation of public defined by two straight lines of runway by the elements of the Federal Aviation comments is considered to be in the pub­ end and threshold lights. Figure 1 shows Administration concerned to implement lic interest. It is not a notice of pro­ a typical runway perimeter lighting this selection in accordance with the posed rule making or other rule-making system. foregoing implementation criteria or action. All lights are steady-burning. They are such modifications thereof as may be Interested persons are invited to sub­ normally installed on elevated fixtures, hereinafter approved by or on behalf of mit such written data and comments as but are semiflush in paved areas at run­ the Administrator. desire. Communications should way intersections or for marking dis­ This notice is issued under sections notice number and be sub­ placed thresholds. 307(b) and 312(c) of the Federal Avia­ mitted in duplicate to: Director, Systems b. Edge lights. They are placed not tion Act of 1958 (49 U.S.C. 1348(b) and esearch and Development Service, At- more than 10 feet laterally from the edge 1353(c)). f .°P: RD-54, Federal Aviation Ad- of the full strength pavement and are Issued in Washington, D.C., on mmistration, Department of Transpor- spaced longitudinally not more than 200 April 12, 1971. tion, 800 Independence Avenue SW., feet apart. J. D. CONERLY, ashington, DC 20590, on or before June c. Runway end and threshold lights. Acting Director, Systems Research > 1971. All comments submitted will be For runways 100 feet or more wide, these and Development Service.

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 No. 78----- (J 761Æ NOTICES

k - *oo' -*| Commission, Washington, D.C. 20545, o — o ------Attention: Director, Division of Reactor 9 o------O ------O ------O 10« <1 — j p ------Licensing. o Dated at Bethesda, Md., this 14th T* day of April 1971. «o' * ---- For the Atomic Energy Commission. AO' * - 0 P eter A. Morris, Director, s Division of Reactor Licensing. 9 ■..o— o~^—ó— o o ■— o ---- | < _ 2 0 0 '_ ^ j [PR Doc.71-5570 Plied 4-21-71;8:45 am]

[Dockets Nos. 50-354, 50-355] PUBLIC SERVICE ELECTRIC & GAS CO. Notice of Availability of Draft Detailed o White light Statement and Request for Com­ ments From State and Local Red runway end light and Ag encies green threshold light Pursuant to the National Environ­ Figure !♦ Typical Runway Perimeter lighting System (not to scale) mental Policy Act of 1969 and the Atomic [PR Doc.71-5532 Piled 4-21-71;8:45 am] Energy Commission’s regulations in Ap­ ENGINEERING AND MANUFACTUR­ terstate Route 44 at South Peoria Street, pendix D to 10 CFR Part 50, notice is ING DISTRICT OFFICE, OKLAHOMA in Tulsa, Okla. hereby given that a document entitled CITY, OKLA. Dated this 14th day of April, 1971. “Draft Detailed Statement on the En­ vironmental Considerations by the Divi­ Notice of Relocation O scar M. L aurel, Chairman, Board of Inquiry. sion of Reactor Licensing, U.S. Atomic Notice is hereby given that on or about Energy Commission, Related to the Pro­ May 1,1971, the Engineering and Manu­ [PR Doc.71-5622 Piled 4-21-71;8:50 am] posed Construction of the Newbold Is­ facturing District Office at FAA Building, land Nuclear Generating Units 1 and 2 Wiley Post Airport, Oklahoma City by the Public Service Electric and Gas (Bethany), Okla. 73008, will be relocated to General Aviation Terminal, Room 112, ATOMIC ENERGY COMMISSION Company” is being placed in the follow­ Tulsa International Airport, Tulsa, Okla. [Docket No. 50-220] ing locations where it will be available 74115. This information will be reflected for inspection by members of the public: in the FAA Organization Statement the NIAGARA MOHAWK POWER CORP. the Commission’s Public Document next time it is reissued. Notice of Issuance of Amendment to Room, 1717 H Street NW., Washington, (Sec. 313(a) of the Federal Aviation Act of Provisional Operating License DC ; and the Trenton Free Public library, 1958, as amended, (49 US.C. 1354) and Sec­ 120 Academy Street, Trenton, NJ. tion 6 (c) of the Department of Transporta­ No request for a hearing or petition to tion Act (49 U.S.C. 1655(C)) intervene having been filed following The Commission hereby requests com­ publication of the notice of proposed ments on the proposed action and the Issued in Fort Worth, Tex., on April 13, action in the F ederal R egister on March 1971. Draft Detailed Statement from State and 10, 1971 (36 F.R. 4631), the Atomic local agencies of any affected State (with H enry L. Newman, Energy Commission (“ the Commission” ) Director, Southwest Region. has issued Amendment No. 2 to Pro­ respect to matters within their jurisdic­ [FR Doc.71-5590 Piled 4^21-71;8:47 am] visional Operating License No. DPR-17 tion) , which are authorized to develop to the Niagara Mohawk Power Corp. as and enforce environmental standards. proposed in that notice. The amendment If the Commission is not provided with National Transportation authorizes the Corporation to operate its comments by any State or local agency Nine Mile Point Nuclear Station located within 60 days of the publication of this Safety Board on the southeast corner of Lake Ontario [Docket No. SS-RH-4] in Oswego County, N.Y., at steady-state notice in the Federal R egister, the Com­ power levels up to a maximum of 1,850 mission will presume that the agency INVESTIGATION OF RAILROAD ACCI­ megawatts (thermal) in accordance with has no comments to make. DENT OCCURRING NEAR COLLINS­ Niagara’s application dated April 20, A copy of the Draft Detailed Statement VILLE, OKLA. 1970, and amendments thereto. dated April 19, 1971, and available com­ The Commission has found that the ments thereon of Federal agencies (whose Notice of Hearing application, as amended, for the amend­ comments are being separately requeste In the matter of the investigation of ment to the facility license complies with the requirements of Atomic Energy Act by the Commission) will be supplied the railroad accident involving the col­ any such State or local agency lision of a truck with passenger train of 1954, as amended, and the Commis­ sion’s regulations published in 10 CFR quest addressed to the Director, Divis No. 212 of the Atchison, Topeka, and of Reactor Licensing, U.S. Atomic Energy Santa Fe Railroad Co. at the grade cross­ Chapter I, and that the amendment will ing of 116 Street located north of Tulsa, not be inimical to the common defense Commission, Washington, DC 20545. and security or to the health and safety Okla., near Collinsville, Okla., on April 5, t w ^ o f "R*>fViA&rii}. M d .. this 19th day 1971, with subsequent fatalities and nu­ of the public. A copy of the license amendment is of April 1971. merous personal injuries. For the Atomic Energy Commission. Notice is hereby given that an accident available for inspection at the Commis­ sion’s Public Document Room, 1717 H Peter A. M orris, Investigation Hearing on the above mat­ Street NW., Washington, DC. Copies of Director, ter will be held commencing at 9 a.m., the license amendment may be obtained Division of Reactor Licensing. on Tuesday, May 4, 1971, in the Great at the Public Document Room or upon [PR Doc.71-5687 Piled 4-21-71:8:52 ami Room of the Camelot Inn located on In­ request sent to the U.S. Atomic Energy

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 NOTICES 7617

described generally as denying the alle­ merit and will be dismissed. We conclude COMMISSION ON MARIHUANA gations of the Bunker-Ramo complaint that the complaint and answer herein and need not be further described here­ raise substantial issues of law and fact2 AND DRUG ABUSE in. In its separate motion to dismiss, that should be adjudicated on the basis W.U. requests us to dismiss the complaint TESTIMONY REGARDING of a hearing record and an initial de­ without hearing and states as grounds cision thereon by a Hearing Examiner. MARIHUANA therefor that: (a) The complaint lacks 5. Accordingly, it is ordered, That, Notice of Public Hearings the specificity required by our rules; (b) pursuant to section 201(a), 201(b), 202 the complaint is deficient for not join­ (a), 203(b), 203(c), 205, 206, 208, 209, The National Commission on Mari­ ing the New York Telephone Co., from and 403 of the Communications Act of huana and Drug Abuse announced its whom W.U. obtains certain facilities used 1934, as amended, this matter is desig­ first public hearings to be held in Wash­ to provide service to the public, as a “nec­ nated for hearing at the Commission’s ington, D.C., on May 17, 18, and 19, in essary” party; (c) the complaint rests offices in Washington, D.C., at a time to the Rayburn Building, Room 2322. The on certain alleged incongruities; (d) be specified, and that the examiner to purpose of these hearings will be to hear Bunker-Ramo’s interests are too remote be designated to preside at the hearing the testimony of people representing the to permit it to maintain the action; (e) shall, upon the close of the record, pre­ scientific, legal, educational and medical the complaint is barred in part by the pare an initial decision which shall be fields, regarding marihuana. The public 1-year statute of limitations (415(b) of subject to the submittal of exceptions is invited to attend both the morning the A ct); 'and (f) the complaint er­ and requests for oral argument as pro­ and afternoon sessions. roneously requests trebled and punitive vided in 47 CFR 1.276 and 1.277, after damages. M ichael R. S onnenreich, which the Review Board shall issue its Executive Director. 4. Our rules provide for dismissal of decisiona as provided in 47 CFR 0.365. complaint when there is a "lack of legal 6. It is further ordered, That the is­ [PR Doc.71-5582 Piled 4-21-71;8:46 am] sufficiency appearing on the face of such sues in this proceeding shall be as fol­ complaint.” 47 CFR 1.731(a). As to lows : W.U.’s claim that there is a lack of spec­ I. During the period commencing FEDERAL COMMUNICATIONS ificity in the complaint, we have al­ June 8, 1969 (1 year prior to the filing of ready ruled to the contrary and need the complaint) and continuing up to the not repeat our reasons therefor. 25 FCC release date of our memorandum opinion COMMISSION 2d 691. W.U.’s contention that the New [Docket No. 19206; FCO 71-390] and order herein : York Telephone Co. is a “necessary (i) Whether defendant failed to pro­ BUNKER-RAMO CORP. AND WESTERN party” to the complaint is based upon vide interstate or foreign communica­ UNION TELEGRAPH CO. the fact that the telephone company tions service to complainant or com­ provides facilities to W.U. under con­ plainant’s customers upon reasonable re­ Memorandum Opinion and Order tract that are used by W.U. to supply quest therefor, in violation of section Designating Matter for Hearing common carrier services to its custom­ 201(a) of the Act; ers. However, this does not operate to In the matter of the Bunker-Ramo (ii) Whether defendant engaged in relieve W.U. of its common carrier ob­ unjust or unreasonable practices in con­ Corp., Oak Brook, 331., Complainant, v. ligations to its customers so as to war­ the Western Union Telegraph Co., New nection with providing interstate or for­ rant dismissal.1 The allegations of incon­ eign communication service to com­ York, N.Y., Defendant. gruities in the complaint may be pur­ 1. This is a sequel to our memoran­ plainant or complainant’s customers, in sued by W.U. in the evidentiary phases violation of section 201(b) of the Act; dum opinion and order of September 9, of the hearing we are ordering herein. 1970, reported at 25 FCC 2d 691, wherein As to W.U.’s plea that the statute Of (iii) Whether defendant made any un­ we denied a motion of the Western Un­ limitations bars the action, we note that just or unreasonable discrimination, ion Telegraph Co. (W.U.) that a for­ the complaint alleges certain facts oc- preference, advantage, prejudice, or dis­ mal complaint filed by the Bunker-Ramo curing within 1 year prior to the filing advantage in the provision of interstate Corp. (Bunker-Ramo) be made more of the complaint that allegedly consti­ or foreign communications service to definite and certain, and wherein we tute violations of the Act. Thus, we can­ complainant, complainant’s customers, ordered W.U. to answer the Complaint. not agree that the complaint on its face and to defendant’s SICOM customers, in As reflected in our decision of Septem- is barred by section 415 of the Act. Fi­ violation of section 202(a) of the Act; j>or 9, 1970, the thrust of the Bunker- nally, W.U.’s argument that Bunker- (iv) Whether defendant imposed any Ramo complaint is that both Bunker- Ramo may not recover treble or punitive rates, classifications, or practices appli­ Ramo and its customers have suffered damages and that its interest is too re­ cable to interstate or foreign communi­ discriminatory treatment at the hands mote to maintain the action do not war­ cations service provided to complainant, of W.U. through the latter’s alleged fa­ rant dismissal of the complaint. Com­ complainant’s customers, or to defend­ voring of its own SICOM service cus­ plainants have the burden of proof as to ant’s SICOM customers, in violation of tomers over Bunker-Ramo and its damages and the mere fact that a com­ section 203(b) or 203(c) of the Act; customers in the installation, mainte­ plaint may include claims for damages n . Whether complainant is entitled nance, repair, and restoration of com­ that may not be ultimately awarded does to any monetary damages as a result of munications services and facilities. We not call for dismissal of the complaint. any violation of the Act that may be need not repeat here the details of the Thus, section 208 of the Act specifies found under issue I hereof and, if so, the complainant’s allegations. They are ade­ that “no complaint shall at any time be amount“ thereof. quately set forth in our prior decision. dismissed because of the absence of di­ HI. Whether the Commission should 25 FCC 2d 692-695. rect damage to the complainant.” 47 take any further action with respect to 2. We now have before us W.U.’s An­ U.S.C. 208. Therefore, even if complain­ any violation of the Act that may be swer to the aforementioned complaint ant is ultimately found to be entitled to found under issue I hereof and, if so, and a “Supplement” thereto, both filed no damages, the complaint is not legally the nature hereof. on October 9, 1970, a “Motion to Dis- deficient for this reason. Our primary 7. It is further ordered, That W.U.’s -nss by W.U. filed on October 9, 1970, regulatory concern is to determine an Opposition” to such motion filed by motion to dismiss the complaint without whether W.U. has violated the Com­ a hearing is dismissed. *&^per' ïEamo 011 0ct°ber 22, 1970, and munications Act of 1934. Accordingly, . 5epty” to Bunker-Ramo’s opposition W.U.’s Motion to Dismiss is devoid of her 3 by W.U. on Novem- *We are not adopting a section 214(a) Issue; complainant has not raised a material 1 Complainant has not Implicated the Newquestion of fact of reduction or Impairment naô answer, consisting of 89 York Telephone Co. in the alleged impro­ of service to a “community, or part of a pages, exclusive of attachments, may be prieties. community.” 47 U.S.O. 214(a).

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7618 NOTICES

Adopted: April 14,1971. reason for changing this suburban com­ marily that CVCO’s proposal is designed munity inquiry into a potentially dis­ to provide programing service for the Released: April 19,1971. qualifying issue. CVCO asserts that the greater Columbus area, that it would F ederal Communications Board’s decision was based solely on be unfair to give CVCO a preference C ommission, Berwick, but that Berwick is not control­ under section 307 (b) as a Gahanna sta­ [seal] B en F. W aple, ling, since the facts here are not com­ tion if it is essentially a Columbus pro­ Secretary. parable to the facts in that case. CVCO posal, and that the suburban community issue should not be deleted.4 The Broad­ [FR Doc.71-5625 Filed 4-21-71:8:50 am] points out that Berwick dealt with the FM application of P.A.L. Broadcasters, cast Bureau, on the other hand, urges Inc., the licensee of an AM station in that there is a substantial question as [Dockets Nos. 18306, 18793; FOC 71-364] Wilkes-Barre, Pa.; that, although P.A.L.’s to the identity of CVCO’s principal com­ request for allocation of an FM channel munity; that CVCO’s proposal could CHRISTIAN VOICE OF CENTRAL OHIO to Wilkes-Barre had been rejected and not qualify as a Columbus station be­ AND DELAWARE-GAHANNA FM the channel had been assigned to White cause it would not provide a 70 dbu RADIO BROADCASTING STATION, Haven, Pa., P.A.L. applied for the chan­ signal to all of that city as required by INC. nel, specifying Pittston, Pa., a suburb of § 73.315(a) of the rules; and that, if Wilkes-Barre, as its principal commu­ CVCO’s proposal is found to be a trans­ Memorandum Opinion and Order nity; and that P.A.L. proposed a trans­ mission service for Columbus and if Revising Issues mitter site permitting a principal city CVCO’s application is granted, it would be a substandard Columbus station. In re application of Christian Voice of signal over all of Wilkes-Barre. Central Ohio, Gahanna, Ohio, Docket No. 3. In view of the circumstances in Ber­ 5. While we recognize the gravity of 18308, File No. BPH-6137, and Delaware- wick, suggesting that P.A.L.’s proposal the Bureau’s contentions, we are per­ Gahanna FM Radio Broadcasting Sta­ might conflict directly with the earlier suaded that the suburban community in­ tion, Inc., Delaware, Ohio, Docket No. determination to use the channel as a quiry concerning CVCO’s proposal 18793, File No. BPH-7004; for construc­ first local transmission service for a com­ should not be a disqualifying issue under tion permits. munity other than Wilkes-Barre, CVCO the circumstances of this proceeding. In 1. This proceeding now involves the recognizes that a disqualifying issue to Berwick, supra, we gave the suburban mutually exclusive applications of Chris­ determine whether P.A.L. would provide community issue disqualifying effect tian Voice of Central Ohio (hereinafter a realistic local transmission service for because of the circumstances suggesting CVCO) and Delaware-Gahanna FM its specified station location was appro­ that the channel might be used in a Radio Broadcasting Station, Inc. (here­ priate. However, CVCO contends that, manner directly conflicting with our allocation of the channel as a transmis­ inafter D-G) for new FM broadcast in the present case, even if it is assumed that this proposal will provide a trans­ sion service for a community other than stations in Gahanna and Delaware, Ohio, Wilkes-Barre. Here, however, a channel respectively. Noting that this channel mission service for Columbus rather than for Gahanna, there would be no conflict was allocated to the Columbus area upon was assigned to Columbus,' Ohio, at CVCO’s request, and this channel was CVCO’s request, that CVCO intends to with the determinations made in allocat­ ing this channel to the Columbus area. assigned to Columbus with the under­ serve the city of Columbus and the sur­ standing that CVCO would seek a license rounding area, and that most of CVCO’s In this connection, CVCO notes that, in principals reside and work in Columbus, response to its request, an FM channel for the facility. the Review Board, at 15 FCC 2d 308 was originally allocated to New Albany, 6. Moreover, we have for a number 6f (1968), added the following suburban Ohio,2 because a substantial number of years permitted applicants to use chan­ community issue: persons expressed support for CVCO’s nels such as this one for certain unlisted To determine whether the proposal of religious programing proposal and be­ communities under § 73.203(b) of the Christian Voice of Central Ohio will cause a station located in New Albany, rules with the knowledge that the station realistically provide a local transmission only 12 miles from Columbus, would be licensed to an unlisted community might facility for its specified station location able to serve a large proportion of the provide good service for the listed com­ and in light thereof, whether the appli­ people in the county surrounding Colum­ munity. See notice of proposed rule mak­ bus. 1 FCC 2d 1060 (1965). Under these ing concerning the amendment of cation of Christian Voice of Central Ohio § 73.203(b), FCC 68-65, released Janu­ should be considered, 4pr purposes of the circumstances, CVCO concludes that the determination to be made herein under Board’s action should be reviewed and ary 22, 1968. Thus it is clear that CVCO’s that the present suburban community proposal is consistent with the present section 307(b) of the Communications application of our rules. Without fore­ Act of 1934, as amended, a proposal for issue should be revised.* closing the possibility of a future rule Gahanna. 4. Both D-G and the Broadcast Bu­ making proceeding concerning this gen­ Thereafter, upon the request of the reau have filed oppositions to CVCO’s eral problem, we are convinced that it Broadcast Bureau, the Review Board, application for review. D-G argues pri- would be inappropriate, in view of the relying on Berwick Broadcasting Corp., facts in this case, to deny C V C O s FM 20 FCC 2d 393 (1969), held that a subur­ application simply because it may at­ 2 Due to subsequently discovered spacing tempt to serve the entire metropolitan ban community issue relates to the basic considerations, the New Albany channel was qualifications of the applicant against deleted and, with the support of CVCO as area.5 For these reasons, we shall gran whom it is specified and, at 22 FCC 2d a potential applicant, the present channel CVCO’s application for review and re­ 13 (1970), modified the above issue to was allocated to Columbus. 8 FCC 2d 159 vise the suburban community issue m- read as follows: (1967). r>Trr*r»’s nrnnosal. To determine whether the proposal of 3 CVCO, nonetheless, urges that a similar, disqualifying issue specified against D-G Christian Voice of Central Ohio would should not be modified, since D-G’s applica­ 4 CVCO did not file an application for. re­ realistically provide a transmission serv­ tion was filed under the provisions of § 1.525 view of the Board’s original action adcnne ice for Gahanna, Ohio, or for another (b) of the rules and since it would not have the suburban community issue. In “ larger community. been accepted if D-G had specified a com­ of the allegations concerning CVCO 8• P 2. CVCO has filed an application for munity other than Delaware as its station posal, the Board’s addition of the Sublir review of the Review Board’s latter location. In view of the fact that D-G’s community issue for the purposes o status as an applicant in this proceeding is section 307(b) comparison was clearly action,1 claiming that there is no valid dependent upon its specification of Delaware rect, and there is no basis upon the pre ­ as its station location, CVCO is correct that record for any change in that determ 1 CVCO filed its application for review on the suburban community inquiry with re­ 6 As we noted in footnote 4, this d°e Mar. 13, 1970. In addition, CVCO filed a spect to D-G’s proposal is properly a dis­ mean that CVCO is entitled to a prefer supplement to its application for review on qualifying issue. Cf., Woodland Broadcasting under section 307(b) as an apP11^ wjll Apr. 9, 1970; D-G and the Broadcast Bureau Company v. Federal Communications Com­ Gahanna without establishing tha filed oppositions on Apr. 14, 1970; and CVCO mission, 414 F. 2d 1160, 16 RR 2d 2061 provide a realistic transmission ser filed a reply on Apr. 24,1970. (1969). that community.

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 NOTICES 7619

7. Accordingly, it is ordered: below if filed by the end of the 60-day 1934, as amended, concerning any do­ (à) That the application for review period, only if the Commission has not mestic public radio services application filed March 13, 1970, by Christian Voice acted upon the application by that time accepted for filing, is directed to § 21.27 of Central Ohio is granted; pursuant to the first alternative earlier of the Commission’s rules for provisions (b) That the memorandum opinion date. The mutual exclusivity rights of a and order, FCC 70R-80, 22 FCC 2d 13, new application are governed by the governing the time for filing and other released by the Review Board on March earliest action with respect to any one of requirements relating to such pleadings. 6, 1970, is set aside to the extent that the earlier filed conflicting applications. F ederal Communications it specified a disqualifying suburban The attention of any party in interest Commission, community issue against Christian Voice desiring to file pleadings pursuant to sec­ [seal] B en F. W aple, of Central Ohio; and tion 309 of the Communications Act of Secretary. (c) That the suburban community is­ sue concerning the application of Chris­ A pplications A ccepted f o b F il in g tian Voice of Central Ohio is revised to DOMESTIC PUBLIC LAND MOBILE RADIO SERVICE read as follows: File No., applicant, call sign and nature of application To determine whether the proposal of 3760—C2—P—71 (Resubmitted)—Cahill Answering Services, Inc. (KQZ774), C.P. for an addi­ Christian Voice of Central Ohio will tional channel to operate on 158.70 MHz at station located at 203 South Capitol Avenue, realistically provide a local transmission Lansing, MI. facility for its specified station location 5583— C2—P—(2)71—Kerrville Telephone Co. (KFJ892), C.P. to replace transmitter operating and, in light thereof, whether the appli­ on 152.78 MHz; add frequency 152.66 MHz and change the antenna system located on cation of Christian Voice of Central Ohio Highway No. 16, 5 miles northeast of Kerrville, Tex. should be considered as a proposal for 5660— C2—P—71—Chickamauga Telephone Corp. (New), CP. for a new 2-way station to be Gahanna, Ohio, for the purpose of the located at Grand Center Road, 1 mile west of Chickamauga, Ga., to operate on frequency determination to be made herein under 152.54 MHz. section 307(b) of the Communications 5661- C2—P—71—Seattle Radiotelephone Service (KOA733), C.P. to add frequency 152.21 Act of 1934, as amended. at location No. 2: Seattle-First National Bank Building, Seattle, Wash. 5666— C2-P—71—Lake Shore Communications (New), C.P. for a new 1-way station to be Adopted: April 8,1971, located at 60351 Ironwood Road, South Bend, IN, to operate on frequency 152.240 MHz. Released: April 14,1971. 5667— C2—P—71—Souris River Telephone Mutual Aid Corp. ((KAI930), CP. to add frequency 152.63 MHz at station located at 11.5 miles south and 2 miles west of Minot, N. Dak. F ederal Communications 1880—C2-P-71 (Resubmitted)—Telephone Answering Service (New), C.P. for a new 1-way" Commission,* station to be located at 3050 South Sandstone Road, Jackson, MI, to operate on frequency [seal] B en F. W aple, 158.70 MHz. Secretary. 5681— C2—P— (2)71—Illinois Bell Telephone Co. (KSC881), C.P. to replace transmitters oper­ [PR Doc.71-5626 Piled 4-21-71; 8:50 am] ating on frequency 454.950 MHz base and 454.675 MHz signaling; change the antenna system and relocate facilities to No. 10 South Canal Street, Chicago, IL (Air-Ground station). [Report No. 540] 5682— C2—P—(2)71—Contact-Colorado Springs, Inc. (New), C.P. for a new 1-way station to he located at 1226 North Prairie Road, Colorado Springs, CO, to operate on frequency COMMON CARRIER SERVICES 152.24 MHz. INFORMATION 1 Corrections 7378-C2-P—(5)69—Electrocom Corp. (New), Correct to read: (KCI297), C.P. for additional Domestic Public Radio Services base channels at location No. 2: 111 Perkins Street, Boston, MA, to operate on frequencies Applications Accepted for Filing 2 454.175, 454.325, and 454.350 MHz and at location No. 3: On Nobscott Hill, 5 miles north of Framingham, Mass., to operate on frequencies 454.075 and 454.275 m u *, see Public A p r i l 19, 1971. Notice dated June 16,1969, Report No. 444. Pursuant to §§ 1.227(b) (3) and 21.30 3319—C2—P—71—Electrocom Corp. (KCI927), Correct to read: Major Amendment: Amended (b) of the Commission’s rules, an appli­ to add frequency 454.100 MHz at location No. 2: Same as above, see Public Notice dated cation, in order to be considered with any Jan. 1,1971, Report No. 525. domestic public radio services applica­ 5074-C2—(2)71—Correct the name of applicant to read: Morrison Radio Relay Corp. (New), tion appearing on the list below, must be All other particulars same as reported on Public Notice dated Mar. 29, 1971, Report No. 537. substantially complete and tendered for RURAL RADIO SERVICE fibng by whichever date is earlier: (a) 5668— Cl—P/L—71—United Telephone Co. of Florida (New), C.P. and license for a new rural The close of business 1 business day pre­ subscriber station to be located at Mondongo Island, 3.9 miles west-northwest of Pineland, ceding the day on which the Commission Fla., to operate on frequencies 157.89 and 157.95 MHz communicating with Station KIJ354, takes action on the previously filed ap­ Fort Myers, Fla. plication; or (b) within 60 days after the cate of the public notice listing the first PO INT-TO-PO INT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER) Prior filed application (with which sub­ 5584— Cl-P-71—The Chesapeake & Potomac Telephone Co. of Virginia (KJK30), C.P. to add sequent applications are in conflict) as frequencies 11,365 and 11,605 MHz toward Blairs, Va., a new point of communication. having been accepted for filing. An ap­ Station location: 730 Main Street, Danville, VA. plication which is substantially amended 5585— Cl—P—71—The Chesapeake & Potomac Telephone Co. of Virginia (New), C.P. for a new by a major change will be considered to station to be located at 2.7 miles east of Blairs, Va. Frequencies: 10,915 and 11,155 Mfr* be a newly filed application. It is to be toward Danville, Va., and 6137.9 and 10,955 MHz toward South Boston, Va. hoted that the cutoff dates are set forth 5586— Cl—P—71—The Chesapeake & Potomac Telephone Co. of Virginia (KJK46), C.P. to add alternative—applications will be frequencies 6390.0 and 11,525 MHz toward Clover, Va., and 6360.3 and 11,405 mttk toward entitled to consideration with those listed Blairs, Va., a new point of communication. Station location: Approximately 3 miles west of South Boston, Va. 5587— Cl—P—71—The Chesapeake & Potomac Telephone Co. of Virginia (KJK45), C.P. to add rionuniseloner Bartley dissenting. frequencies 6108.3 and 11,075 MHz toward South Boston, Va., and 5960.0 and 10,775 mtt* aPPlications listed In the appendix are toward Chase City, Va., a new point of communication. Station location: Near the inter­ to further consideration and review section of State Road No. 746 and Southern Railway, within the town of Clover, Va. f a T 7 156 returned and/or dismissed if not 5588— Cl—P—71—United Telephone Co. of the Northwest (New), C.P. for a new station to be ana to be in accordance with the Com mis- located 400 feet south-southwest of the intersection of Sixth and Harrison Streets, Sunny- ® mles, regulations, and other require­ ments. side, WA. Frequencies: 11,405 and 11,645 MHz toward Bluelight Mountain, Wash. 5669— Cl-P-71—Southwestern Bell Telephone Co. (KYJ50), C.P. to add 5952.6 and 11,115 to tv,*16 alK>ve alternative. cutoff rules apply as wS® aPPlications listed in the appendix MHz toward £>tar City, Ark., a new point of communication. Station location: 720 Beech, keen accepted In Domestic Public Pine Bluff, AR. "J°kUe Radio, Rural Radio, Polnt-to- 5670— C1-P-71—Southwestern Bell Telephone Co. (New), C.P. for a new station to be located Tro« . Cr°wave Radio, and Local Television at 2 miles west-northwest of Star City, Ark. Frequencies: 6204.7 and 11,565 MHz toward ransnUssion Services (Part 21 of the rules). Pine Bluff, Ark., and 6189.8 and 11,365 MHz toward Monticello, Ark.

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7620 NOTICES

POINT-TO-POINT MICROWAVE RADIO SERVICE (TELEPHONE CARRIER)----Continued Interested parties may inspect and ob­ 5671- C1-P-71-—Southwestern Bell Telephone Co. (New), C.P. for a new station to betain a copy of the agreement at the located 3.5 miles north-northwest of Monticello, Ark. Frequencies: 5952.6 and 11,115 Washington office of the Federal Mari­ TVTTTg! toward McGehee, Ark., and 5937.8 and 10,915 MHz toward Star City, Ark. time Commission, 1405 I Street NW,, 5672- Cl—P—71—Southwestern Bell Telephone Co. (New), C.P. for a new station to beRoom 1202; or may inspect the agree­ located at Monroe and Highway 4, McGehee, Ark. Frequencies: 6204.7 and 11,565 MHz ment at the Field Offices located at New toward Monticello, Ark. York, N.Y., New Orleans, La., and San 5673- C1-P-71—Southwestern Bell Telephone Co. (KCL85), C.P. to add frequencies 10,895 Francisco, Calif. Comments on such and 10,975 mttv. toward Dunbarton, N.H. Station location: 25 Concord Street, Man­ agreements, including requests for hear­ chester, NH. , ing, may be submitted to the Secretary, 5674- C1—P-71—Southwestern Bell Telephone Co. (KZI59), C.P. to add frequencies 11,225 and Federal Maritime Commission, Wash­ 11,465 ’mtT'z toward Manchester, N.H. Station location: 1 mile north of Dunbarton, N.H. ington, D.C. 20573, within 20 days after 5675- C1-P/ML-71—American Telephone & Telegraph Co. (KGF61), C.P. and modificationpublication of this, notice in the Federal of license to change frequencies and point of communication to 3750, 3770, 3830, 3850, R egister. Any person desiring a hearing 3910, 3930, 4010, 4090, 4150, and 4170 MHz toward Fairlee, Md. Station location: 320 on the proposed agreement shall provide St. Paul Place, Baltimore, Md, previously directed toward Essex, Md. 5676- C1-P/ML-71—American Telephone & Telegraph Co. (KGH24), C.P. and modificationa clear and concise statement of the of license to change frequencies and point of communication from Essex, Md., to Balti­ matters upon which they desire to ad­ more, Md. Frequencies to 3710, 3730, 3790, 3810, 3870, 3890, 3970, 4050, 4110, and 4130 duce evidence. An allegation of discrimi­ MHz. Station location: 0.8 mile south of Fairlee, Md. nation or unfairness shall be accom­ 5677- Cl—P—71_Puerto Rico Communications Authority (WWM22), C.P. to add frequencypanied by a statement describing the 2122.5 mtt« toward Aibonito, P.R., via passive reflector. Station location: Cerro Las Pinas, discrimination or unfairness with par­ 5.9 miles southwest of Caguas, P.R. ticularity. If a violation of the Act or 5678- C1-P-71__Puerto Rico Communications Authority (New), C.P. for a new station to be detriment to the commerce of the United located 53 Geronimo Martinez, Aibonito, P.R. Frequency: 2164.5 MHz toward Caguas, P.R., States is alleged, the statement shall set via passive reflector. forth with particularity the acts and POINT-TO-POINT MICROWAVE RADIO SERVICE (NONTELEPHONE) circumstances said to constitute such violation or detriment to commerce. Major Amendment A copy of any such statement should 3480-C1-P-71—Mountain Microwave Corp. (New), Application amended to change frequen­ also be forwarded to the party filing the cies from 10,735 MHz and 10,975 MHz to 11,135 and 11,055 MHz toward Mustang Hill, Colo., on azimuth 345#09'. Station location: Bartlett Mesa, N. Mex. Other particulars are agreement (as indicated hereinafter) and the statement should indicate that unchanged. See Public Notice dated Jan. 11,1971. this has been done. [FR Doc.71-5629 Filed 4-21-71; 8:50 am] Notice of agreement filed by: Mr. Raymond E. Straffon, Jr., Planning Di­ rector, City of Port Huron, County-City and the statement should indicate that Building, Port Huron, MI 48060. this has been done. FEDERAL MARITIME COMMISSION Agreement No. 8795-4, between the Notice of agreement filed by: BLUE SEA LINE AND SEAWAY LINES, city of Port Huron (Port) and the Port Mr. Alfredo C. Duarte, President, Seaway Huron Terminal Co. (Terminal), modi­ INC. Lines, Inc., 530 Biscayne Boulevard, fies the basic agreement which provides Notice of Agreement Filed Miami, FL 33132. for the lease of certain facilities in the city of Port Huron, Mich. The purpose Notice is hereby given that the fol­ Agreement No. 9940 between Blue Sea Line and Seaway Lines, Inc, establishes of the modification is to provide that the lowing agreement has been filed with the Terminal will enjoy the use of a building Commission for approval pursuant to a through billing arrangement for the carriage of cargo from Hong Kong, it constructed rent free until the expira­ section 15 of the Shipping Act, 1916, as tion of the basic agreement, and that the amended (39 Stat. 733, 75 Stat. 763, 46 Japan, and the Philippines to Charlotte Amalie, St. Thomas, and Christiansted, Port will pay Terminal $18,000 as final U.S.C. 814) . payment of its share of improvements. Interested parties may inspect and St. Croix in the U.S. Virgin Islands, Phillipsburg (St. Maarten), Basseterre The modification also provides that if obtain a copy of the agreement at the the agreement is terminated before its Washington office of the Federal Mari­ (St. Kitts), St. John’s (Antigua), Plym­ outh (Montserrat), Roseau (Domi­ expiration date, and the Port has paid time Commission, 1405 I Street NW., Terminal the above sum, the Port will Room 1202; or may inspect the agree­ nica), Fort de France (Martinique), Castries (St. Lucia), Bridgetown (Bar­ have no further financial obligations to ment at the Field Offices located at New Terminal regarding the agreement. York, N.Y., New Orleans, La., and San bados) , St. George’s (Grenada), and Port Francisco, Calif. Comments on such of Spain (Trinidad) with transshipment Dated: April 19,1971. agreements, including requests for hear­ in Miami, Fla., in accordance with the terms set forth in the agreement. By order of the Federal Maritime ing, may be submitted to the Secretary, Commission. Federal Maritime Commission, Wash­ Dated: April 19, 1971. F rancis C. Hurney, Secretary. ington, D.C. 20573, within 20 days after By order of the Federal Maritime publication of this notice in the F ederal Commission. [FR Doc.71-5618 Filed 4-21-71;8:49 am] R egister. Any person desiring a hearing on the proposed agreement shall pro­ F rancis C. Hurney, vide a clear and concise statement of the Secretary. COMPAGNIE MARITIME BELGE ET AL. matters upon which they desire to [FR Doc.71-5617 Filed 4-21-71 ;8:49 am] adduce evidence. An allegation of dis­ Notice of Agreement Filed crimination or unfairness shall be ac­ Notice is hereby given that the follow­ companied by a statement describing the CITY OF PORT HURON, MICH., AND ing agreement has been filed with t discrimination or unfairness with par­ PORT HURON TERMINAL CO. Commission for approval pursuant o ticularity. If a violation of the Act or detriment to the commerce of the United Notice of Agreement Filed section 15 of the Shipping Act, 1916, as amended (39 Stat. 733, 75 Stat. 763, States is alleged, the statement shall set Notice is hereby given that the follow­ forth with particularity the acts and cir­ ing agreement has been filed with the U.S.C. 814). cumstances said to constitute such viola­ Commission for approval pursuant to Interested parties may inspect and o tion or detriment to commerce. tain a copy of the agreement at A copy of any such statement should section 15 of the Shipping Act, 1916, as also be forwarded to the party filing the amended (39 Stat. 733, 75 Stat. 763, 46 Washington office of the Federal agreement (as indicated hereinafter) U.S.C. 814). time Commission, 1405 I Street N

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 NOTICES 7621

Room 1202; or may inspect the agree­ the proposed agreement shall provide a controlling, regulating, preventing, or de­ ment at the Field Offices located at New clear and concise statement of the mat­ stroying competition * * *. The term "agree­ York, N.Y., New Orleans, La., and San ters upon which they desire to adduce ment” in this section includes understand­ Francisco, Calif. Comments on such evidence. An allegation of discrimination ings, conferences, and other arrangements. agreements, including requests for hear­ or unfairness^ shall be accompanied by a ***** ing, may be submitted to the Secretary, statement describing the discrimination Any agreement and any modification or Federal Maritime Commission, Wash­ or unfairness with particularity. If a vio­ cancellation of any agreement not approved, ington, D.C. 20573, within 20 days after lation of the Act or detriment to the or disapproved, by the Commission shall be publication of this notice in the F ederal unlawful, and agreements, modifications, and commerce of thé United States is alleged, Cancellations shall be lawful only when and Register. Any person desiring a hearing the statement shall set forth with par­ as long as approved by the Commission; be­ on the proposed agreement shall provide ticularity the acts and circumstances fore approval or after disapproval it shall be a clear and concise statement of the said to constitute such violation or detri­ unlawful to carry out in whole or in part, matters upon which they desire to ad­ ment to commerce. directly or indirectly, any such agreement, duce evidence. An allegation of discrimi­ A copy of any such statement should modification, or cancellation. nation or unfairness shall be accom­ also be forwarded to the party filing the The agreement between Matson and Sea- panied by a statement describing the agreement (as indicated hereinafter) and discrimination or unfairness with par­ Land would appear to require approval the statement should indicate that this under section 15, and, therefore, unless ticularity. If a violation of the Act or has been done. detriment to the commerce of the United they can offer valid reasons which would Notice of agreement filed by: justify their failure to file the agreement States is alleged, the statement shall set Elkan Turk, Jr., Esq., Burlingham, Under­ forth with particularity the acts and under section 15, they must be held to be wood, Wright, White & Lord, 25 Broadway, in violation of that section of the Ship­ circumstances said to constitute such New York, NY 10004. violation or detriment to commerce. ping Act, 1916 (46 UJS.C. 814). A copy of any such statement should Agreement No. 8100-7 is a modification Now, therefore, it is ordered, Pursuant also be forwarded to the party filing the of the Thailand/U.S. Atlantic & Gulf to sections 22 and 15 of the Shipping Act, agreement (as indicated hereinafter) Conference’s basic agreement which has 1916, that Reynolds Leasing Corp., Sea- and the statement should indicate that been filed in an effort to comply with the Land Service, Inc., and Matson Naviga­ this has been done. Federal Maritime Commission’s require­ tion Co. be named respondents in this Notice of agreement filed by: ments concerning Self-Policing Systems, proceeding and that they be ordered to General Order 7 (Revised) as published show cause why the Commission should Mr. J. N. Lala, Vice President, Traffic and in the F ederal R egister of October 28, not find their action with regard to the Sales, Netumar International,- Inc., 67 1970 (35F.R. 16679). sale and purchase of the two ships in Broad Street, New York, NY 10004. Dated: April 16,1971. question without Commission approval to Agreement No. T-743-A, between Com- be in violation of section 15 of the Ship­ pagnie Maritime Beige (Lloyd Royal) By order of the Federal Maritime ping Act, 1916. SA., Compagnie Maritime Congolaise Commission. It is further ordered, That this pro­ S.C.R.L. (herein collectively referred to F rancis C. H urney, ceeding shall be limited to the submission as Belgian Line), and Companhia de Secretary. of affidavits of fact and memoranda of Navegacao Maritima Netumar (Netu­ [PR Doc.71-5620 Filed 4-21-71; 8:50 am] law, replies, and oral argument. Should mar), provides for the sublease of cer­ any party feel that an evidentiary hear­ tain facilities at New York to Netumar ing be required, that party must accom­ from Belgian Line at the same rental [Docket No. 71-37] pany any request for such hearing with and under the same conditions as set MATSON NAVIGATION CO., ET AL. a statement setting forth in detail the forth in the main lease, Agreement No. facts to be proven, their relevance to the T-743, as amended. Order To Show Cause Regarding issues in this proceeding, and why such Dated: April 16,1971. Purchase of Ships proof cannot be submitted through affi­ davits. Requests for hearing shall be filed By order of the Federal Maritime Testimony in Docket No. 70-51, on or before May 7, 1971. Affidavits of Commission. Agreement of Merger No. 9827-1 Among fact and memoranda of law shall be filed F rancis C. H urney, R. J. Reynolds Tobacco Company, RJI by respondents and served upon all par­ Secretary. Corporation, Sea-Land Service, Inc.; ties no later than the close of businèss [PR Doc.71-5619 Piled 4-21-71;8:49 am] and Walter Kidde & Company, Inc., May 7, 1971. Reply affidavits and mem­ United States Lines, Inc., has raised a oranda shall be filed by the Commis- question as to the legality under section son’s Bureau of Hearing Counsel and THAILAND/U.s. ATLANTIC & GULF 15 of the Shipping Act, 1916, of Sea-Land intervenors, if any, no later than the CONFERENCE Service, Inc.’s acqusition of two vessels close of business May 17, 1971. Oral ar­ originally ordered by Matson Navigation gument will be scheduled, if requested by Notice of Agreement Filed Co. the parties, or deemed necessary by the Matson, in August of 1968, ordered two Commission. Notice is hereby given that the follow- SL-18 ships from shipyards in Germany. agreement has been filed with the Those two ships were subsequently sold It is further ordered, That a notice of Commission for approval pursuant to sec­ to Reynolds Leasing Corp. in October of this order be published in the F ederal tion 15 of the Shipping Act, 1916, as 1970. Testimony of witnesses in Docket R egister and that a copy thereof be amended (39 Stat. 733, 75 Stat. 763, 46 served upon respondents. U.S.C. 814). No. 70-51, supra, indicates that Sea-Land through Reynolds purchased the ships It is further ordered, That persons Interested parties may inspect and ob­ directly from Matson for a sum of be­ other than those already party to this tain a copy of the agreement at the tween $13 and $16 million per ship proceeding who desire to become parties Washington office of the Federal Mari­ for each of the two ships. Testimony also to this proceeding and to participate time Commission, 1405 I Street NW„ indicates that Sea-Land has in fact con­ therein shall file a petition to intervene Room 1202; or may inspect the agree­ summated the purchase and taken de­ pursuant to Rule 5(1) of the Commis­ ment at the Field Offices located at New livery of at least one of the two vessels. sion’s rules of practice and procedure (46 *°rk, N.y ., New Orleans, La., and San Section 15 of the Shipping Act, 1916, CFR 502.72) no later than close of busi­ rancisco, Calif. Comments on such provides in pertinent part that: ness April 30, 1971. greements, including requests for hear­ ing, may be submitted to the Secretary, * * * every common carrier by water * * * It is further ordered, That all docu­ shall file immediately with the Commission ments submitted by any party of record tn« ei,al ^-nfitime Commission, Washing- a true copy, or, if oral, a true and complete 20573, within 20 days after pub- memorandum, of every agreement with an­ in this proceeding shall be directed to the nation of this notice in the Federal R eg- other such carrier • * * to which it may be Secretary, Federal Maritime Commission, !ster. Any person desiring a hearing on a party or conform in whole or in part, * • • Washington, D.C. 20573, in an original

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7622 NOTICES

and 15 copies, as well as being mailed di­ It is further ordered, That copies of time schedule against the need for ex­ rectly to all parties of record. this order shall be filed with the said peditious handling of a suspended rate tariff schedules in the Bureau of Com­ case, would suggest a certain revision of By the Commission. pliance of the Federal Maritime the time schedule. [ seal] F rancis C. H urney, Commission; While we are not persuaded as to the Secretary. It is further ordered, That the provi­ accuracy or relevancy of much of the [PR Doc.71-5615 Piled 4-21-71;8:49 am] sions of Rule 12 of the Commission’s reasoning underlying TTT’s request, it rules of practice and procedûre which appears that a certain amount of addi­ require leave of the Commission to take tional time would be warranted under [Docket No. 71-38] testimony by deposition or by written the circumstances. OAHU RAILWAY AND TERMINAL interrogatory if notice thereof is served Accordingly, it is ordered that the Or­ within 20 days of the commencement of der of Investigation and Suspension in WAREHOUSING CO., LTD. the proceeding, are hereby waived for this proceeding be amended to reflect Order of Investigation and Suspension this proceeding inasmuch as the expedi­ that TTT must furnish to the Commis­ tious conduct of business so requires. The sion written direct testimony, exhibits Oahu Railway and Terminal Ware­ provision of Rule 12(h) which requires and work papers in support of its rate housing Co., Ltd., has filed with the Fed­ leave of the Commission to request ad­ increases no later than May 10, 1971, eral Maritime Commission, Second missions of fact and genuineness of docu­ and that hearing in this proceeding will Revised Page No. 24 to its Tariff FMC-F ments if notice thereof is served within be held at 10 a.m. on May 24, 1971,1405 No. 1 to become effective April 22, 1971. 10 days of commencement of the I Street NW„ Washington, DC, at which This page increases the rate and mini­ proceeding, is similarly waived; time TTT shall present its direct case. mum charges on Freight, All Kinds, be­ It is further ordered, That Oahu Rail­ The order remains unchanged in all other tween U.S. Pacific Coast ports and ports way and Terminal Warehousing Co., Ltd., respects. in the Hawaiian Islands. be named as respondent in this By the Commission. Upon consideration of said tariff page, proceeding ; the Commission is of the opinion that the It is further ordered, That this pro­ [ seal] F rancis C. Hurney, above designated tariff matter should be ceeding be assigned for public hearing Secretary. made the subject of a public investiga­ before an examiner of the Commission’s [FR Doc.71-5614 Filed 4-21-71;8:49 am] tion and hearing to determine whether it Office of Hearing Examiners and that is unjust, unreasonable, or otherwise un­ the hearing be held at a date and a place lawful under section 18(a) of the Ship­ to be determined and annuonced by the ping Act, 1916, and/or sections 3 and 4 presiding examiner; FEDERAL RESERVE SYSTEM of the Intercoastal Shipping Act, 1933, It is further ordered, That (1) a copy and good cause appearing therefore; of this order shall forthwith be served MID-OHIO BANC-SHARES, INC. It is ordered, That pursuant to the au­ on the respondent herein and published Notice of Application for Approval of thority of section 22 of the Shipping Act, in the F ederal R egister; and (2) the 1916, and sections 3 and 4 of the Inter­ said respondent be duly served with Acquisition of Shares of Bank coastal Shipping Act, 1933, an investiga­ notice of time and place of the hearing. Notice is hereby given that application tion is hereby instituted into the law­ All persons (including individuals, has been made, pursuant to section 3(a) fulness of said increased rates and corporations, associations, firms, part­ charges with a view to making such find­ (3) of the Bank Holding Company Act nerships, and public bodies) having an of 1956 (12 U.S.C. 1842(a) (3)), by Mid- ings and orders in the premises as the interest in this proceeding and desiring facts arid circumstances warrant. In the Ohio Banc-Shares, Inc., which is a bank to intervene therein, should notify the holding company located in Mansfield, event the matter hereby placed under in­ Secretary of the Commission promptly Ohio, for prior approval by the Board vestigation is further changed, amended and file petitions for leave to intervene of Governors of the acquisition by appli­ or reissued, such matter will be included in accordance with Rule 5(1) of the cant of 80 percent or more of the voting in this investigation; Commission’s rules of practice and pro­ shares of The Farmers and Savings It is further ordered, That pursuant cedure (46 CFR 502.72) with a copy to Bank of Loudonville, Ohio, LoudonviUe, to section 3, Intercoastal Shipping Act, all parties to this proceeding. Ohio. 1933, Second Revised Page 24 to Tariff By the Commission. Section 3(c) of the Act provides that FMC-F No. 1 is suspended and the use the Board shall not approve: thereof deferred to and including Au­ [ seal] F rancis C. Hurney, (1) Any acquisition or merger or con­ gust 22, 1971, unless otherwise ordered Secretary. solidation under section 3 which would by this Commission; [PR Doc.71-5616 Piled 4-21-71;8:49 am] result in a monopoly, or which would be It is further ordered, That there shall in furtherance of any combination or be filed immediately with the Commis­ conspiracy to monopolize or to attempt sion by Oahu Railway and Terminal [Docket No. 71-30] to monopolize the business of banking in Warehousing Co., Ltd., a consecutively TRANSAMERICAN TRAILER any part of the United States, or numbered supplement to the aforesaid (2) Any other proposed acquisition or tariff which supplement shall bear no TRANSPORT, INC. merger or consolidation under section 3 effective date, shall reproduce the por­ Order of Investigation and Suspension whose effect in any section of the country tion of this order wherein the suspended may be substantially to lessen competi­ matter is described and shall state that This proceeding involves an investiga­ tion, or tend to create a monopoly, or the aforesaid matter is suspended and tion of increased rates of Transamerican which in any other manner would be in may not be used until August 23, 1971, Trailer Transport, Inc. (TTT), in the restraint of trade, unless the Board finds unless otherwise authorized by the Com­ U.S. Atlantic Puerto Rico Trade. Our that the anticompetitive effects of the mission; and the rates and charges here­ order of investigation set April 14, 1971, proposed transaction are clearly out­ as the date by which T IT would be re­ tofore in effect, and which were to be weighed in the public interest by the changed by the suspended matter shall quired to furnish written direct testi­ remain in effect during the period of mony, exhibits and work papers in sup­ probable effect of the transaction in suspension, and neither the matter sus­ port of its rate increases. Hearing was meeting the convenience and needs o pended, nor the matter which is con­ scheduled for April 26, 1971. the community to be served. tinued in effect as a result of such sus- TTT has now moved for postponement Section 3(c) further provides that, in ' pension, may be changed until this until further notice of the above-men­ every case, the Board shall take into proceeding has been disposed of or until tioned filing and hearing dates. Hearing consideration the financial and mana­ the period of suspension has expired, Counsel oppose the motion but, upon unless otherwise ordered by the weighing TTT’s alleged inability to prop­ gerial resources and future prospects o Commission; erly present its case within the proposed the company or companies and the banks

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 NOTICES 7623 concerned, and the convenience and The application may be inspected at the needs of the community to be served. office of the Board of Governors or the SECURITIES AND EXCHANGE Not later than thirty (30) days after Federal Reserve Bank of Chicago. the publication of this notice in the F ed­ By order of the Board of Governors, eral R egister, comments and views re­ April 15,1971. COMMISSION garding the proposed acquisition may be [31-712] [ seal] x K enneth A. K enyon, filed with the Board. Communications CHASE MANHATTAN SERVICE CORP. should be addressed to the Secretary, Deputy Secretary. Board, of Governors of the Federal Re­ [FR Doc.71-5572 Filed 4-21-71:8:45 am] AND FIRST NATIONAL BANK OF serve System, Washington, D.C. 20551. SOUTH CAROLINA The application may be inspected at the Notice of Filing of Application for office of the Board of Governors or the FIRST SEBANCO, INC. Federal Reserve Bank of Cleveland. Order Declaring Applicants Not To Notice of Application for Approval of Be Electric Utility Companies By order of the Board of Governors, Acquisition of Shares of Bank April 15, 1971. A pril 15,1971. Notice is hereby given that applica­ Notice is hereby given that Chase Man­ [seal] K enneth A. K enyon, tion has been made, pursuant to section Deputy Secretary. hattan Service Corp. (Chase), 1 Chase 3(a) (1) of the Bank Holding Company Manhattan Plaza, New York, NY 10015, [FR Doc.71-5571 Piled 4-21-71;8:45 am] Act of 1956 (12 U.S.C. 1842(a)(1)), by and First National Bank of South Car­ First Sebanco, Inc., Glendive, Mont., for olina (First), Post Office Box 111, Co­ prior approval by the Board of Governors lumbia, SC 29202, have filed an applica­ SECURITY FINANCIAL SERVICES, INC. of action whereby applicant would be­ tion for an order declaring that neither Notice of Application for Approval of come a bank holding company through Chase nor First will become “an electric Acquisition of Shares of Bank the acquisition of 50.4 percent of the out­ utility company” within the meaning standing voting shares of First Security of section 2(a) (3) of the Public Utility Notice is hereby given that applica­ Bank of Glendive, Glendive, Mont. Holding Company Act of 1935 (Act) as tion has been made, pursuant to section Section "3(c) of the Act provides that a result of the transactions set forth in 3(a)(3) of the Bank Holding Company the Board shall not approve: the application. All interested persons Act of 1956 (12 U.S.C. 1842(a)(3)), by (1) Any acquisition or merger or con­ are referred to the application, which is Security Financial Services, Inc., which solidation under section 3 which would summarized below, for a complete state­ is a bank holding company located in result in a monopoly, or which would be ment of the facts. Sheboygan, Wis., for prior approval by in furtherance of any combination or the Board of Governors of the acquisition Chase, all of whose outstanding capital conspiracy to monopolize or to attempt stock is owned by The Chase National by applicant of 80 percent or more of the to monopolize the business of banking voting shares of Farmers-Merchants Na­ in any part of the United States, or Bank (National Association), a com­ mercial bank organized under the laws tional Bank in Princeton, Princeton, Wis. (2) Any other proposed acquisition or Section 3(c) of the Act provides that of the United States, is a business cor­ merger or consolidation under section 3 poration organized under the laws of the the Board shall not approve: whose effect in any section of the coun­ (1) Any acquisition or merger or con­ State of New York. First is a commercial try may be substantially to lessen compe­ bank organized under the laws of the solidation under section 3 which would tition, or to tend to create a monopoly, or result in a monopoly, or which would be United States and all of its capital stock which in any other manner would be in is owned by First Bankshares Corpora­ in furtherance of any combination or restraint of trade, unless the Board finds conspiracy to monopolize or to attempt tion of South Carolina, a South Carolina that the anticompetitive effects of the corporation. Neither of the parent cor­ to monopolize the business of banking in proposed transaction are clearly out­ any part of the United States, or porations of Chase nor First is at pres­ weighed in the public interest by the ent either a holding company or a (2) Any other proposed acquisition or probable effect of the transaction in merger or consolidation under section 3 subsidiary company of a holding com­ meeting the convenience and needs of pany, as defined in the Act. If Chase or whose effect in any section of the coun­ the community to be served. try may be substantially to lessen com­ First were to become or be deemed to be petition, or to tend to create a monopoly, Section 3(c) further provides that, in an electric utility company under the or which in any other manner would be every case, the Board shall take into con­ Act as a result of the proposed transac­ in restraint of trade, unless the Board sideration the financial and managerial tions described below, their respective finds that the anticompetitive effects of resources and future prospects of the parent corporations would be holding the proposed transaction are clearly out­ company or companies and the banks companies under the Act. weighed in the public interest by the concerned, and the convenience and South Carolina Electric & Gas Co. probable effect of the transaction in needs of the community to be served. (SCEG) is an electric utility company Meeting the convenience and needs of Not later than thirty (30) days after organized under the laws of the State of the community to be served. the publication of this notice in the F ed­ South Carolina and is subject to the ju­ Section 3(c) further provides that, In eral R egister, comments and views re­ risdiction of the Public Service Com­ every case, the Board shall take into con­ garding the proposed acquisition may mission of South Carolina. SCEG has sideration the financial and managerial be filed with the Board. Communications placed purchase orders with General resources and future prospects of the should be addressed to the Secretary, Electric Co. for two gas turbine generat­ company or companies and the banks Board of Governors of the Federal Re­ ing units and accessory equipment (the concerned, and the convenience and serve System, Washington, D.C. 20551. “Generators” ) for an aggregate purchase needs of the community to be served. The application may be inspected at the price of approximately $5,100,000. If the Not later than thirty (30) days after office of the Board of Governors or the proposed transactions are consummated, he publication of this notice in the Federal Reserve Bank of Minneapolis. SCEG would assign its right to buy the ïderal Register, comments and views By order of the Board of Governors, Generators to First, acting as trustee tJproposed acquisition may April 16,1971. (the “Trustee” ) for the benefit of Chase , ~®P with the Board. Communications and of the institutional investors re­ nouid be addressed to the Secretary, [ seal] K enneth A. K enyon, ferred to below. The Trustee would then ■ward of Governors of the Federal Re­ Deputy Secretary. purchase the Generators directly from serve System, Washington, D.C. 20551. [FR Doc.71-5573 Filed 4-21-71;8:45 am] the manufacturer and lease them to

No. 78------7 FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7624 NOTICES

SCEG under a lease (the “Lease” ) hav­ after said date the Commission may 1971 at 5:30 p.m., submit to the Com­ ing an initial term of approximately 25 grant exemption requested, or take such mission in writing a request for a hear­ years. SCEG would have the right to action as it deems appropriate. ing on the matter accompanied by a buy the Generators at the end of the For the Commission, by the Division statement as to the nature of his interest, term for their then fair market value. of Corporate Regulation, pursuant to the reason for such request and the is­ The Trustee would borrow approximately delegated authority. sues, if any, of fact or law proposed to 76 percent of the funds required to pur­ be controverted, or he may request that [ seal] R osalie F. S chneider, he be notified if the Commission should chase the Generators from institutional Recording Secretary. investors, who would receive equipment order a hearing thereon. Any such com­ trust notes bearing a fixed rate of in­ [PR Doc.71-5580 Piled 4-21-71;8:46 am] munication should be addressed: Secre­ terest and maturing 3 years prior to the tary, Securities and Exchange Com­ mission, Washington, D.C. 20549. A end of the term of the Lease. The equip­ [811-1576] ment trust notes would be obligations of copy of such request shall be served per­ the Trustee, payable solely out of the CONSTELLATION CAPITAL FUND, INC. sonally or by mail (airmail if the person being served is located more than 500 proceeds of the Lease, and would be se­ Notice of Filing of Application for cured by a security interest in the Gen­ miles from the point of mailing) upon erators and the Lease. The remaining Order Declaring That Company Has Applicant at the address stated above. 24 percent of the purchase price would Ceased To Be an Investment Com­ Proof of such service (by affidavit or in be advanced to the Trustee by Chase as pany case of an attorney at law by certificate) an investment in the beneficial owner­ A pril 15, 1971. shall be filed contemporaneously with ship of the Generators. the request. At any time after said date Notice is hereby given that The Con­ as provided by Rule 0-5 of the rules and The Lease would be a net lease under stellation Capital Fund, Inc., c/o O’Mel- regulations promulgated under the Act, which SCEG would be responsible for veny & Myers, 611 West Sixth Street, Los an order disposing of the application maintaining, repairing, and insuring the Angeles, CA 90017, (Applicant), a Dela­ herein may be issued upon the basis of Generators and for paying substantially ware corporation registered as a the information stated in said applica­ all taxes, assessments, and other costs management open-end diversified in­ tion, unless an order for hearing upon arising from the possession and use vestment company under the Investment said application shall be issued upon re­ thereof. The rentals to be paid by SCEG Company Act of 1940 (Act), has filed an quest or upon the Commission’s own mo­ to the Trustee during the initial term application pursuant to section 8(f) of tion. Persons who request a hearing or of the Lease would be calculated to pro­ the Act for an order of the Commission advice as to whether a hearing is ordered vide funds sufficient to pay the principal declaring that Applicant has ceased to be will receive notice of further develop­ of and interest on the equipment trust an investment company as defined in the ments in this matter, including the date notes and to return Chase’s equity in­ Act. All interested persons are referred of the hearing (if ordered) and any post­ vestment. After the initial term has ex­ to the application on file with the Com­ ponements thereof. pired, Chase would be entitled to receive mission for a statement of the represen­ For the Commission, by the Division any proceeds realized from leasing or tations set forth therein which are sum­ of Corporate Regulation pursuant to del­ selling the Generators to SCEG or to marized below. egated authority. others. Applicant obtained its initial capital SCEG has applied to the South Caro­ of $238,000 from the issuance of 23,800 [ seal] R osalie F. Schneider, lina Public Service Commission for au­ shares of common stock to 17 persons Recording Secretary. thority to enter into the Lease and re­ who purchased such shares for invest­ [FR Doc.71-5581 Filed 4-21-71:8:46 am] lated agreements and has received an ment in a private offering. No additional order therefor. In said order Chase and shares were issued except to existing First were declared exempt from regu­ shareholders upon a stock split in the SMALL BUSINESS lation as an “electric utility” by the form of a stock dividend and upon rein­ South Carolina Public Service Com­ vestment of income dividends and cap­ ADMINISTRATION mission. ital gains distributions. Neither Chase, in its individual ca­ The proposed public offering of Appli­ QUAKER CITY INVESTMENT CORP. pacity, nor First, in its individual ca­ cant’s securities was postponed several Notice of License Surrender pacity or as Trustee, would receive any times and was finally abandoned in Feb­ revenue from the sale of electric energy ruary 1970. At a special meeting held on Notice is hereby given that Quaker generated by the Generators. April 22, 1970, Applicant’s share holders City Investment Corp., 6701 North Broad Each of the applicants alleges that it approved the winding up and dissolution Street, Philadelphia, PA 19126, has sur­ of Applicant. Thereafter, Applicant rendered its license to operate as a small is a company primarily engaged in one business investment company pursuant or more businesses other than the busi­ ceased business operations, sold its port­ folio securities, discharged its obliga­ to § 107.105 of the regulations governing ness of an electric utility company and small business investment companies (33 that, by reason of the fact that no elec­ tions, and distributed its remaining assets in cash to its shareholders in can­ F.R. 326, 13 CFR Part 107). tric energy will be sold by it as a result Quaker City Investment Corp. was li­ of the proposed transaction, it is not cellation of all issued and outstanding shares. A Certificate of Dissolution was censed as a small business investment necessary in the public interest or for company on January 23,1964, to operate the protection of investors or consumers filed by Applicant with the Secretary of State of Delaware on June 22, 1970. Ap­ solely under the Small Business Invest­ that it be considered an electric utility ment Act of 1958 (the Act), as amended company for the purposes of the Act. plicant has been dissolved and has ceased to exist except for the limited (15 U.S.C., 661 et seq.), and the regula­ Notice is further given that any inter­ tions promulgated thereunder. ested person may, not later than May 3, purposes specified in the Delaware Cor­ poration Law. Under the authority vested by the Act, 1971, request in writing that a hearing and pursuant to the cited regulation, tn be held in respect of the request for Section 8(f) of the Act provides, in surrender of the license is hereby^ ac­ exemption, stating the nature of his pertinent part, that when the Commis­ cepted and aU rights, privileges, ana sion, upon application, finds that a regis­ interest and the reasons for such request, franchises derived therefrom are ca - and the issues of fact or law which he tered investment company has ceased to desires to controvert; or he may request be an investment company, it shall so celed and terminated. that he be notified should the Commis­ declare by order, and upon the taking A. H. S inger, sion order a hearing thereon. Any such effect of such order the registration of Associate Administrator for Investment. request should be addressed: Secretary, such company shall cease to be in effect. Securities and Exchange Commission, Notice is further given that any inter­ A pril 9, 1971. Washington, D.C. 20549. At any time ested person may, not later than May 7, [FR Doc.71-5578 Filed 4-21-71;8:46 am]

FEDERAL REGISTER, VOL. 36, NO. 78— -THURSDAY, APRIL 22, 1971 NOTICES 7625

[Delegation of Authority No. 30, Rev. 13; business investment companies (33 P.R. Signed at Washington, D.C. this 14th Amdt. 1 ] 326, 13 CFR Part 107), for a license day of April 1971. REGIONAL DIRECTORS ET AL. to operate as a minority enterprise small business investment company H erbert N, B lackman, Delegation of Authority To Conduct (MESBIC). Deputy Assistant Secretary Program Activities in the Field Offices Notice is hereby given that, having for Trade and Ajustment Policy. considered the application and all other [PR Doc.71-5584 Filed 4-21-71;8:46 am] Delegation of Authority No. 30 (Re­ pertinent information, SBA has issued vision 13) (36 P.R. 5881), published License No. 10/10-5158, dated April 8, March 30, 1971, is hereby amended by 1971, to Circle K Investment Corp., pur­ JODI SHOE CO. ET AL. revising Part IV, section B., to read as suant to section 301(c) of the Small Certification of Eligibility of Workers follows: Business Investment Act of 1958, as To Apply for Adjustment Assist­ Part IV—Procurement and M anagement amended. ance; Notice of Investigations Assistance Dated: April 12,1971. ***** After reviewing the Tariff Commis­ A. H. Singer, Sec. B. Section 8(a) contracting sion’s reports on its investigations of 11 Associate Administrator petitions for adjustment assistance filed authority. 1. To enter into contracts, for Investment. not exceeding the following amounts, on on behalf of workers formerly employed behalf of the Small Business Adminis­ [PR Doc.71-5592 Filed 4-21-71;8:47 am] by the following firms, under section tration with the U.S. Government and 301(c)(2) of the Trade Expansion Act any department, agency, or officer of 1962, and in which reports the Com­ thereof having procurement powers, mission being equally divided, made no obligating the Small Business Adminis­ DEPARTMENT OF LABOR finding, the President decided, under the tration to furnish articles, equipment, Office of the Secretary authority of section 330(d)(1) of the supplies, or materials to the Government Tariff Act of 1930 as amended, to con­ and agreeing as to the terms and condi­ ARISTA MILLS CO. sider the findings of those Commissioners tions of such contracts: who found in the affirmative as the find­ Certification of Eligibility of Workers ing of the Commission. Accordingly, he a. Regional director______Unlimited To Apply for Adjustment Assistance b. Chief, Regional PMA Division, has authorized the Secretary of Labor Region I X ______$ 1 0 0 ,0 0 0 Under date of March 15,1971, the U.S. that he may certify as eligible to apply Tariff Commission made its report to the for adjustment assistance the involved 2. To arrange for the performance of groups of workers. such contracts by negotiating'or other­ President of the results of an investiga­ tion (TEA-W-57) under section 301(c) TEA—W—37 Jodi Shoe Co., Derry, N.H. wise letting subcontracts to small busi­ (2) of the Trade Expansion Act of 1962 TEA-W-38 Maine Shoe Corp., Brunswick, ness concerns or others for the manu­ Maine. facture, supply, or assembly of such (76 Stat. 884) in response to a petition for determination of eligibility to apply TEA—W—39 Footflairs, Inc., Manchester, N.H. articles, equipment, supplies, or mate­ TEA-W-40 Brown Shoe Co., Mat toon, 111. rials, or parts thereof, or servicing or for adjustment assistance submitted by TEA-W—41 Goldberg Brothers, Inc., Haver­ processing in connection therewith, or three former employees of Arista Mills hill, Mass. such management services as may be Co., Winston-Salem, N.C. The report TEA-W-44 National Ballet Makers, Inc., necessary to enable the Small Business contained the Commission’s affirmative Medford, Mass. Administration to perform such finding that articles like or directly com­ TEA—W-47 Stage Door, Inc., Raymond, N.H. contracts: - • petitive with fabrics of the kind pro­ TEA-W-49 Kramer Shoe Co., Inc., Haver­ duced by the Arista Mills Co., Winston- hill, Mass. a. Regional Director. Salem, N.C., are, as a result in major TEA-W-54 Evangeline Shoe Corp., Man­ b. Chief, Regional PMA Division, Region IX. chester, N.H. part of concessions granted under trade TEA-W-59 Bella Mia Footwear Manufactur­ 3. To certify to any officer of the Gov­ agreements, being imported into the ing Co., Brooklyn, N.Y. ernment having procurement powers United States in such increased quanti­ TEA-W-65 Johnson, Stephens & Shinkle that the Small Business Administration ties as to cause, or threaten to cause, Co., Vandalia, HI. is competent to perform any specific unemployment or underemployment of In view of the Tariff Commission re­ Government procurement contract, not a significant number or proportion of the ports, the President’s authorization, and exceeding the following amounts, to be workers of such company. the responsibilities delegated to the Sec­ let by any such officer: Upon receipt of the Commission’s retary of Labor under Section 8 of Ex­ *• Regional Director______Unlimited report, the Department’s Director of the ecutive Order 11075 (28 F.R. 473), the b. Chief, Regional PMA Division, Office of Foreign Economic Policy, Acting Director, Office of Foreign Eco­ Region IX------$100,000 Bureau of International Labor Affairs, nomic Policy, Bureau of International * * * * * instituted an investigation, following Labor Affairs, has instituted investiga­ tions, as provided in 29 CFR 90.5 and Effective date: April 1,1971. which a recommendation was made to me relating to the matter of certifica­ this notice. The investigations relate to T homas S. K leppe, tion (Notice of Delegation of Authority the determination of whether any of the Administrator. and Notice of Investigation, 34 F.R. groups of workers covered by the Tariff IFR Doc.71-5579 Piled 4-21-71;8:46 am] 18342; 36 F.R. 5821; 29 CFR Part 90). Commission reports should be certified In that recommendation it was noted as eligible to apply for adjustment as­ that unemployment or underemploy­ sistance, provided for under Title in, CIRCLE K INVESTMENT CORP. ment began November 24, 1969. It was Chapter 3, of the Trade Expansion Act also noted that all production in the of 1962, including the determinations of Notice of Issuance of a License To textile plant had ceased in March 1970, related subjects and matters, such as Operate as a Minority Enterprise and that the last of the employees re­ the date unemployment or underemploy­ Small Business Investment Com­ tained for closing out operations would ment began or threatened to begin and pany be laid off in April 1971. After due con­ the subdivisions of the firms involved to sideration, I make the following be specified in any certifications to be S e a r c h 27, 1971, a notice was pub- certification: made, as more specifically provided in Federal R egister (36 F.R. All hourly and salaried workers engaged On«, stating that Circle K Investment In the textile operations of the Arista Mills Subpart B of 29 CFR Part 90. R ’ n900 Magoffin Avenue, El Paso, Co., located at Winston-Salem, N.C., who Interested persons should submit writ­ <9901, had filed an application with became, or wiU become, unemployed or ten data, views, or arguments relating e Small Business Administration underemployed after November 24, 1969, and before April 30, 1971, are eligible to apply for to the subjects of investigations to the /\BA)»Pursuant to § 107.102 of the SBA adjustment assistance under Title in, Chap­ Acting Director, Office of Foreign Eco­ ^ regulations governing small ter 3, of the Trade Expansion Act of 1962. nomic Policy, U.S. Department of Labor,

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7626 NOTICES

Washington, D.C. 20210, on or before employment or underemployment began hearing, such requests shall meet the re­ April 26, 1971. January 29, 1970, and has continued to quirements of section 247(d)(4) of the the present. special rules, and shall include the cer­ Signed at Washington, D.C., this 14th After due consideration, I make the tification required therein. day of April 1971. following certification: Section 247(f) of the Commission’s Irving I. K ramer, All hourly and salaried workers of the Wur­ rules of practice further provides that Acting Director, Office of litzer Co. plant at De Kalb, 111., who became each applicant shall, if protests to its Foreign Economic Policy. or will become unemployed or underem­ application have been filed, and within [FR Doc.71-5583 Filed 4-21-71;8:46 am] ployed after January 29, 1970, are eligible to 60 days of the date of this publication, apply for adjustment assistance under Chap­ notify the Commission in writing (l) ter 3, Title III, of the Trade Expansion Act that it is ready to proceed and prosecute of 1962. WURUTZER CO. the application, or (2) that it wishes Signed at Washington, D.C., this 14th to withdraw the application, failure in Certification of Eligibility of Workers day of April 1971. which the application v.ill be dismissed To Apply for Adjustment Assistance by the Commission. H erbert N. B lackman, On February 2, 1971, a petition re­ Deputy Assistant Secretary for Further processing steps (whether questing certification of eligibility to ap­ modified procedure, oral hearing, or other Trade and Adjustment Policy. procedures) will be determined generally ply for adjustment assistance was filed [FR Doc.71-5585 Filed 4-21-71;8:46 am] with the Director, Office of Foreign Eco­ in accordance with the Commission’s nomic Policy, Bureau of International General Policy Statement Concerning Labor Affairs, by the Piano and Musical Motor Carrier Licensing Procedures, Instrument Workers Union Local No. published in the F ederal R egister issue 2553, AFL-CIO, on behalf of workers of INTERSTATE COMMERCE of May 3, 1966. This assignment will be the De Kalb, 111., Division of the Wur- by Commission order which will be litzer Co. The petition points out that COMMISSION served on each party of record. the request for certification is made un­ [Notice 30] The publications hereinafter set forth reflect the scope of the applications as der Proclamation 3964 (“Modification of MOTOR CARRIER, BROKER, WATER Trade Agreement Concession and Ad­ filed by applicants, and may include de­ justment of Duty on Certain Pianos” ) of CARRIER AND FREIGHT FOR­ scriptions, restrictions, or limitations February 21, 1970 (35 F.R. 3645). In that WARDER APPLICATIONS which are not in a form acceptable to the Commission. Authority which ulti­ Proclamation, the President, among A pril 16,1971. other things, acted to provide under sec­ mately may be granted as a result of tion 302(a) (3) with respect to the piano The following applications are gov­ the applications here noticed will not industry that its workers may request erned by Special Rule 1100.2471 of the necessarily reflect the phraseology set the Secretary of Labor for certification of Commission’s general rules of practice forth in the application as filed, but also eligibility to apply for adjustment assist­ (49 CFR, as amended), published in the will eliminate any restrictions which are ance under Chapter 3, Title III, of the F ederal R egister issue of April 20, 1966, not acceptable to the Commission. Trade Expansion Act of 1962. effective May 20, 1966. These rules pro­ No. MC 263 (Sub-No. 198), filed The Trade Expansion Act, section vide, among other things, that a protest March 11, 1971. Applicant: GARRETT 302(b) (2), provides that the Secretary of to the granting of an application must FREIGHTLINES, INC., 2055 Garrett Labor shall certify as eligible to apply be filed with the Commission within 30 Way, Pocatello, ID 83201. Applicant’s for adjustment assistance under Chap­ days after date of notice of filing of the representative: Wayne G. Green (same ter 3 any group of workers in an industry application is published in the F ederal address as applicant). Authority sought with respect to which the President has R egister. Failure seasonably to file a to operate as a common carrier, by mo­ acted under section 302(a) (3) upon a protest will be construed as a waiver of tor vehicle, over regular routes, trans­ showing by such group of workers to the opposition and participation in the pro­ porting: General commodities, except satisfaction of the Secretary of Labor ceeding. A protest under these rules those of unusual value, household goods that the increased imports (which the should comply with section 247(d) (3) of as defined by the Commission, commodi­ Tariff Commission has determined to re­ the rules of practice which requires that ties in bulk, and those requiring special sult from concessions granted under it set forth specifically the grounds upon equipment), serving the plantsite of the trade agreements) have caused or which it is made, contain a detailed state­ Public Service Company of New Mexico threatened to cause unemployment or ment of protestant’s interest in the pro­ (San Juan Station), located at or near underemployment of a significant num­ ceeding (including a copy of the specific Waterflow, N. Mex., as an off-route point ber or proportion of workers of such portions of its authority which pro- in connection with carrier’s authorized testant believes to be in conflict with that workers’ firm or subdivision thereof. regular route operations. Note: Com­ The same degree of causal connection is sought in the application, and describ­ mon control may be involved. If a hear­ applicable here as under the tariff ad­ ing in detail the method—whether by ing is deemed necessary, applicant re­ justment and other adjustment assist­ joinder, interline, or other means—by quests it be held at Denver, Colo. ance provisions; that is, the increased which protestant would use such author­ ity to provide all or part of the service No. MC 1759 (Sub-No. 26), filed imports have been the major factor. March 19, 1971. Applicant: FROEH- Upon receipt of the petition, the De­ proposed), and shall specify with par­ ticularity the facts, matters, and things LICH TRANSPORTATION CO., INC, partment’s Director of Office of Foreign 31 Victory Street, Stamford, CT 06904. Economic Policy instituted an investiga­ relied upon, but shall not include issues tion, following which a recommendation or allegations phrased generally. Pro­ Applicant’s representative: Reubin Ka­ minsky, Post Office Box 17-067; 3« was made to me relating to the matter of tests not in reasonable compliance with the requirements of the rules may be re­ North Main Street, West Hartford, ci certification (Notice of Delegation of Au­ 06117. Authority sought to operate as a thority and Notice of Investigation 34 jected. The original and one copy of the protest shall be filed with the Commis­ common carrier, by motor vehicle, ove F.R. 18342 and 36 F.R. 2840; 29 CFR Part irregular routes, transporting: Njea 90). In that recommendation it was re­ sion, and a copy shall be served concur­ rently upon applicant’s representative, or stuffing, in packages, in cartons, iro» ported that increased imports of pianos Albany, N.Y., to Greenwich, Conn, of the types covered by the Presidential applicant if no representative is named. If the protest includes a request for oral Brooklyn, Brentwood, Franklin Sqm* « Proclamation 3964 have been the major Garden City, Mount Vernon, New Ro­ factor in causing the unemployment or chelle, Plainview, Riverhead, sniriey, underemployment of a significant num­ 1 Copies of Special Rule 247 (as amended) can be obtained by writing to the Secretary, Syosset, Tuckahoe, Valley Stream, ber or proportion of workers from the Yonkers, N.Y.; and Clifton, Emerson plant of the Wurlitzer Company in De Interstate Commerce Commission, Washing­ and Fairfield, N. J. Note : Applicant staw» Kalb, 111. It was also reported that un­ ton, D.C. 20423.

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 NOTICES 7627 that the requested authority cannot be an unrestricted grant of authority. If a cages, loose or in cartons, and aquarium tacked with its existing authority. If hearing is deemed necessary, applicant accessories, supplies, and equipment, in a hearing is deemed necessary, applicant requests it be held at New York, N.Y., or straight or mixed shipments, from East requests it be held at Hartford, Conn., Tampa, Fla. Paterson, Paterson, Maywood, and Hack­ or New York, N.Y. No. MC 2900 (Sub-No. 211), filed ensack, N.J., to points in Alabama, Dela­ No. MC 2202 (Sub-No. 393), filed March 22, 1971. Applicant: RYDER ware, Florida, Georgia, Maryland, Mis­ March 30, 1971. Applicant: ROADWAY TRUCK LINES, INC., 2050 Kings Road, sissippi, North Carolina, South Carolina, EXPRESS. INC., 1077 Gorge Boulevard, Post Office Box 2408, Jacksonville, PL Virginia, and the District of Columbia. Post Office Box 471, Akron, OH 44309. 32203. Applicant’s representative: Rob­ Note: Applicant states that the requested Applicant’s representatives: William O. ert H. Cleveland. Post Office Box 2408, authority cannot be tacked with its exist­ Turney, 2001 Massachusetts Avenue Jacksonville, FL 32203. Authority sought ing authority. Common control may be NW., Washington, DC 20036, and James to operate as a common carrier, by motor involved. If a hearing is deemed neces­ W. Conner, Post Office Box 471, Akron, vehicle, over irregular routes, transport­ sary, applicant requests it be held at OH 44309. Authority sought to operate ing:- Carbon Black, in packages, from Washington, D.C., or New York, N.Y. as a common carrier, by motor vehicle, Cabot, La., to points in Connecticut, Del­ No. MC 33513 (Sub-No. 1), filed over irregular routes, transporting: Gen­ aware, Illinois, Indiana, Kentucky, March 19, 1971. Applicant: PADULA eral commodities (except those of un­ Maryland, Massachusetts, Michigan BROS., INC., 437 11th Avenue, New York, usual value, and except dangerous explo­ (Lower Peninsula), New Jersey, New NY 10018. Applicant’s representative: sives, fertilizer, household goods as de­ York, North Carolina, Ohio, Pennsyl­ Arthur J. Piken, 1 Lefrak City Plaza, fined by the Commission, commodities vania, Rhode Island, Tennessee (except Suite 1515, Flushing, NY 11368. Author­ in bulk, commodities requiring special Memphis), Virginia, West Virginia, Wis­ ity sought to operate as a common car­ equipment and those injurious or con­ consin, and St. Louis, Mo. Note: Appli­ rier, by motor vehicle, over irregular taminating to other lading), (a) be­ cant states that the requested authority routes, transporting: Office furniture tween Norfolk, Va., on the one hand, and, cannot be tacked with its existing au­ and equipment, between the facilities of on the other, Laurel, Md.; and (b) be­ thority. Common control may be in­ Padula Bros., Inc., at North Bergen, N.J., tween Norfolk, Va., on the one hand, and, volved. If a hearing is deemed necessary, on the one hand, and, on the other, on the other, Kernersville, N.C. Restric­ applicant requests it be held at Wash­ points in New York, New Jersey, and tion: The operating authority sought ington, D.C., Jacksonville, Fla., or At­ Connecticut. Restricted to shipments above is restricted against the transpor­ lanta, Ga. having prior or subsequent movement via tation of shipments originating at or rail or motor carrier. Note: Applicant destined to Norfolk, Va., and points No. MC 30844 (Sub-No. 353), filed within its commercial zone, moving to or March 29, 1971. Applicant: KROBLIN states that the requested authority can­ from New York, N.Y.; Newark and REFRIGERATED XPRESS, INC., 2125 not be tacked with its existing authority. Mahwah, N.J.; Philadelphia, Pa.; Wil­ Commercial Street, Waterloo, IA 50704. If a hearing is deemed necessary, appli­ mington, Del.; Baltimore, Md.; and Applicant’s representatives: Paul Rhodes cant requests it be held at New York, N.Y. Washington, D.C., and points within (same address as applicant) and Tru­ No. MC 39395 (Sub-No. 5), filed their respective commercial zones. Note : man A. Stockton, Jr., 1650 Grant Street March 8, 1971. Applicant: NEHALEM Applicant states it intends joinder at Building, Denver, CO. Authority sought VALLEY MOTOR FREIGHT, INC., 3641 Laurel, Md., and Kernersville, N.C., to to operate as a common carrier, by motor Northwest St. Helens Road, Portland, OR provide service to all authorized points vehicle, over irregular routes, transport­ 97210. Applicant’s representative: Rob­ as presently authorized from Norfolk, Va. ing: Meats, meat products, meat byprod­ ert R. Hollis, 1125 Commonwealth Build­ The purpose of this application is to ucts, and articles distributed by meat ing, Portland, OR 97204. Authority establish alternate gateways for traffic packinghouses, as defined in sections A sought to operate as a common carrier, moving between Norfolk, Va., and other and C of Appendix I to the report in by motor vehicle, over regular routes, roadway terminals. Presently, all traffic Descriptions in Motor Carrier Certifi­ transporting: General commodities, ex­ must observe a Richmond, Va., gateway. cates, 61 M.C.C. 209 and 766 (except li­ cept those of unusual value, household Part (a) is to establish a northern gate­ quid commodities, in bulk, and except goods as described by the Commission in way for traffic moving between the hides), from the plantsite and storage 17 M.C.C. 467, commodities in bulk, com­ northern terminals, while Part (b) is to facilities utilized by Beefland Interna­ modities requiring special equipment and establish a southern gateway for the tional, Inc., at Council Bluffs, Iowa, and those injurious or contaminating to other balance of the terminals. Common con­ Omaha, Nebr., to points in Connecticut, lading, serving Longview and Kelso, trol may be involved. If a hearing is Delaware, Maine, Maryland, Massachu­ Wash., as off-route points in connection deemed necessary, applicant requests it setts, Michigan, New Hampshire, New with carrier’s authorized regular route be held at Washington, D.C. Jersey, New York, Ohio, Pennsylvania, operations between Portland, Oreg., and Vermont, Rhode Island, and Washing­ Astoria, Oreg., over U.S. Highway 30, No. MC 2860 (Sub-No. 96), filed ton, D.C., restricted to traffic originating March 26, 1971. Applicant: NATIONAL serving no intermediate points. Note: If at the plantsite and storage facilities a hearing is deemed necessary, applicant FREIGHT, INC., 57 West Park Avenue, utilized by Beefland International, Inc., Vineland, NJ 08360. Applicant’s repre­ requests it be held at Portland, Oreg., or at Council Bluffs, Iowa, and Omaha, Longview, Wash. sentative: Alvin Altman, 1776 Broadway, Nebr. Note: Common control may be in­ New York, NY 10019. Authority sought to volved. Applicant states that the re­ No. MC 40235 (Sub-No. 32), filed operate as a common carrier, by motor quested authority cannot be tacked with March 26, 1971. Applicant: I.R.C. & D. vehicle, over irregular routes, transport- its existing authority. If a hearing is MOTOR FREIGHT, INC., 128 South Frozen meat in boxes, in vehicles deemed necessary, applicant requests it Second Street, Richmond, IN 47374. Ap­ equipped with mechanical refrigeration, be held at Omaha, Nebr., or Washing­ plicant’s representative: Ferdinand Born, from Tampa, Jacksonville, and Miami, ton, D.C. 601 Chamber of Commerce Building, In­ Fla., to points in Alabama, Georgia, dianapolis, IN 46204. Authority sought Illinois, Indiana, Ohio, North Carolina, No. MC 30844 (Sub-No. 354), filed March 29, 1971. Applicant: KROBLIN to operate as a common carrier, by mo­ Pennsylvania, South Carolina, and Ten­ tor vehicle, over regular routes, trans­ nessee. Note: Applicant states that the REFRIGERATED XPRESS, INC., 2125 Commercial Street, Waterloo, IA 50704. porting: General commodities (except requested authority can be tacked with those of unusual value, classes A and B its existing authority but indicates that Applicant’s representatives: Paul Rhodes (same address as applicant), and Tru­ explosives, household goods as defined by h, , no Present intention to tack and the Commission, commodities in bulk, tnerefore does not identify the points or man A. Stockton, Jr., 1650 Grant Street Building, Denver, CO. Authority sought and those requiring special equipment), ^r?yories which can be served through serving the off-route points of Rushville tacking. Persons interested in the tack- to operate as a common carrier, by mo­ and Arlington, Ind., in connection with jng Possibilities are cautioned that failure tor vehicle, over irregular routes, trans­ applicant’s authorized regular route. *° °PP°se the application may result in porting: Aquariums and household pet Note: If a hearing is deemed necessary,

FEDERAL REGISTER, V O L 36, NO. 78— THURSDAY, APRIL 22, 1971 7(628 NOTICES

applicant requests it be held at Indian­ ing: Paper and paper products, and re­ No. MC 51146 (Sub-No. 209), filed apolis, Ind., or Columbus, Ohio. turned or rejected shipments, from South March 29,1971. Applicant: SCHNEIDER Bend, Ind., to points in Alabama, Arkan­ TRANSPORT & STORAGE, INC., 817 No. MC 44639 (Sub-No. 32), filed sas, Louisiana, Mississippi, Oklahoma, McDonald Street, Green Bay, WI 54306. March 26, 1971. Applicant: L. & M. EX­ Tennessee, and Texas. Note: Applicant Applicant’s representatives: D. F. Martin PRESS CO., INC., 220 Ridge Road, states that the requested authority could (same address as above), and Charles W. Lyndhurst, NJ 07071. Applicant’s repre­ be tacked with various subs of MC 51146 Singer, 33 North Dearborn Street, Chi­ sentative: Herman B. J. Weckstein, 60 and applicant will tack with its MC 51146 cago, IL 60602. Authority sought to Park Place, Newark, NJ 07102. Authority where feasible. Applicant further states operate as a common carrier, by motor sought to operate as a common carrier, no duplicating authority is being sought. vehicle, over irregular routes, transport­ by motor vehicle, over irregular routes, Common control may be involved. If a ing: Foodstuffs, from Brown County, transporting: Wearing apparel and ma­ hearing is deemed necessary, applicant Wis., to points in Alabama, Arizona, terials and supplies used in the manu­ requests it be held at Chicago, 111. Arkansas? California, Colorado, Florida, facture of wearing apparel, between Georgia, Idaho, Kansas, Louisiana, Crewe, Va., and Roanoke, Va. Note : Ap­ No. MC 51146 (Sub-No. 207), filed Upper Peninsula of Michigan, Missis­ plicant states that operations under the March 29, 1971. Applicant: SCHNEIDER sippi, Missouri, Montana, Nebraska, proposed application will include a TRANSPORT & STORAGE, INC., 817 Nevada, New Mexico, North Carolina, through service to all points served by McDonald Street, Green Bay, WI 54306. North Dakota, Oklahoma, Oregon, South applicant by tacking at Crewe, Va., to Applicant’s representatives: D. F. Martin Carolina, South Dakota, Texas, Utah, (same address as above), and Charles New York and New Jersey. If a hearing Washington, and Wyoming. N o t e : Ap­ is deemed necessary, applicant requests it Singer, 33 North Dearborn'Street, Chi­ plicant states that the requested author­ be held at Roanoke, Va. cago, IL 60602. Authority sought to op­ ity could be tacked with various subs of erate as a common carrier, by motor MC 51146 and applicant will tack with No. MC 51146 (Sub-No. 205) filed vehicle, over irregular routes, transport­ March 26, 1971. Applicant: SCHNEIDER its MC 51146 where feasible. Applicant ing: Plastic products and related acces­ further states no duplicating authority TRANSPORT & STORAGE, INC., 817 sories, from Vandalia, HI.; Jeffersonville, McDonald Street, Green Bay, WI 54306. is being sought. Common control may be Ind.; and Louisville, Ky.; to points in involved. If a hearing is deemed neces­ Applicant’s representatives: D. F. Martin Alabama, Arkansas, Connecticut, Dela­ (same address as applicant), and sary, applicant requests it be held at ware, District of Columbia, Florida, Geor­ Chicago, HI. Charles Singer, 33 North Dearborn gia, Hlinois, Indiana, Iowa, Kansas, Street, Chicago, IL 60602. Authority Kentucky, Louisiana, Maine, Maryland, No. MC 53965 (Sub-No. 72), filed sought to operate as a common carrier, Massachusetts, Michigan, Minnesota, March 17, 1971. Applicant: GRAVES by motor vehicle, over irregular routes, Mississippi, Missouri, Nebraska, New TRUCK LINE, INC., 739 North 10th transporting: (1) Paper and paper prod­ Hampshire, New Jersey, New York, North Salina, KS. Applicant’s representative: ucts, and products produced or distrib­ Carolina, North Dakota, Ohio, Oklahoma, John E. Jandera, 641 Harrison Street, uted by manufacturers and converters of Pennsylvania, Rhode Island, South Caro­ Topeka, KS 66603. Authority sought to paper and paper products, from Mobile lina, South Dakota, Tennessee, Texas, operate as a common carrier, by motor and Bay Minette, Ala.; Springhill Vermont, Virginia, West Virginia, and vehicle, over regular routes, transport­ and Bastrop, La., and Moss Point, Wisconsin. Note: Applicant states that ing: General commodities, except those Miss.; to points in Arizona, Arkan­ the requested authority could be tacked of unusual value, classes A and B explo­ sas, California, Colorado, Idaho, Illi­ with various subs of MC 51146 and appli­ sives, household goods as defined by the nois, Indiana, Iowa, Kansas, Kentucky, cant will tack with its MC 51146 where Commission, commodities in bulk, com­ Michigan, Minnesota, Missouri, Mon­ feasible. Applicant further states no modities requiring special equipment, tana, Nebraska, Nevada, New Mexico, duplicating authority is being sought. and those injurious or contaminating to North Dakota, Ohio, Oklahoma, Oregon, Common control may be involved. If a other lading, between Oklahoma City, South Dakota, Tennessee, Texas, Utah, hearing is deemed necessary, applicant Okla., and Liberal, Kans., over Interstate Washington, Wisconsin, and Wyoming; requests it be held at Chicago, HI. Highway 40 to its intersection with U.S. and (2) equipment, materials, and sup­ Highway 270, thence over U.S. Highway plies used in the manufacture and dis­ No. MC 51146 (Sub-No. 208), filed 270 to Liberal, Kans., and return over tribution of the commodities named in March 29,1971. Applicant: SCHNEIDER the same route, as an alternate route for (1) above, from points in Arizona, TRANSPORT & STORAGE, INC., 817 operating convenience only in connection Arkansas, California, Colorado, Idaho, McDonald Street, Green Bay, WI 54306. with applicant’s regular route authority, Applicant’s representatives: D. F. Martin Illinois, Indiana, Iowa, Kansas, Ken­ serving no intermediate points. N ote: tucky, Michigan, Minnesota, Missouri, (same address as above), and Charles If a hearing is deemed necessary, appli­ Montana, Nebraska, Nevada, New Mex­ Singer, 33 North Dearborn Street, Chi­ cant requests it be held at Kansas City, ico, North Dakota, Ohio, Oklahoma, cago, IL 60602. Authority sought to oper­ Mo., or Topeka, Kans. Oregon, South Dakota, Tennessee, Texas, ate as a common carrier, by motor vehi­ Utah, Washington, Wisconsin, and Wyo­ cle, over irregular routes, transporting: No. MC 55889 (Bub-No. 38), filed ming to Mobile and Bay Minette, Ala.; Metal containers, container endsand March 22, 1971. Applicant: COOPER Springhill and Bastrop, La.; and Moss equipment, materials, and supplies used TRANSFER CO., INC., Post Office Box 496, Brewton, AL 36426. Applicant’s rep­ Point, Miss. Note: Applicant states that in the manufacture and distribution of the requested authority could be tacked metal containers and container ends, resentatives: A. Alvis Layne, 915 Pem> with various subs of MC 51146 and ap­ from Plymouth, Ind., to points in Ala­ sylvania Building, Washington, DC plicant will tack with its MC 51146 where bama, Arkansas, Delaware, District of 20004, and Kenneth A. Roberts, 1026 feasible. Applicant further states that no Columbia, Florida, Georgia, Hlinois, In­ 17th Street NW, Washington, DC 20036. duplicating authority is being sought. diana, Iowa, Kansas, Kentucky, Louisi­ Authority sought to operate as a com­ Common control may be involved. If a ana, Maryland, Michigan, Minnesota, mon carrier, by motor vehicle, over reg­ hearing is deemed necessary, applicant Mississippi, Missouri, New Jersey, New ular routes, transporting: General com­ requests it be held at Washington, D.C. York, North Carolina, Ohio, Oklahoma modities (except those of unusual value, Pennsylvania, South Carolina, Tennes­ classes A and B explosives, household No. MC 51146 (Sub-No. 206), filed see, Texas, Virginia, West Virginia, and goods as defined by the Commission, com­ March 26, 1971. Applicant: SCHNEIDER Wisconsin. N o t e : Applicant states that modities in bulk, commodities requiring TRANSPORT & STORAGE, INC., 817 the requested authority could be tacked special equipment, and those injurious®* McDonald Street, Green Bay, WI 54306. with various subs of MC 51146 and appli­ contaminating to other lading), Applicant’s representatives: D. F. Martin cant will tack with its MC 51146 where tween Jacksonville, Fla., and Nashviu_, (same address as above), and Charles feasible. Applicant further states no du­ Ga., from Jacksonville over Intersta Singer, 33 North Dearborn Street, Chi­ plicating authority is being sought. If a Highway 10 to junction Interstate Hig * cago, IL 60602. Authority sought to op­ way 75, thence^ over Interstate H ighway erate as a common carrier, by motor hearing is deemed necessary, applicant vehicle, over irregular routes, transport­ requests it be held at Washingtop., D.C. 75 to junction U.S. Highway 84, thence

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 NOTICES 7629

over U.S. Highway 84 to junction Geor­ Columbus, Ohio, thence over Interstate 136 Wynnewood Professional Building, gia Highway 125, thence over Georgia Highway 71 to Cleveland, Ohio, and Dallas, TX 75224. Authority sought to Highway 125 to junction U.S. Highway return over the same route, and serving operate as a common carrier, by motor 129, thence over U.S. Highway 129 to the intermediate and off-route points of vehicle, over irregular routes, transport­ Nashville, and return over the same Indianapolis, Ind., and Dayton, Ohio, ing: Mining machinery and related ma­ routes, serving the junction of Inter­ restricted (1) to the transportation of chinery tools, parts and supplies, from state Highway 75 and U.S. Highway 84 traffic received from or delivered to con­ Columbus, Ohio, to points in New Mexico, for purposes of joinder only; and (2) be­ necting carriers at Indianapolis, Ind., Colorado, Nevada, Utah, Wyoming, Cali­ tween the junction of U.S. Highway 84 and Dayton, Ohio; and (2) to the trans­ fornia, and Arizona. Note : Applicant and Interstate Highway 75 and New Or­ portation of traffic originating at or states that the requested authority can­ leans, La., from junction of U.S. High­ destined to points west of St. Louis, Mo., not be tacked with its existing authority. way 84 and Interstate Highway 75 over or east of Cleveland, Ohio. Note: Com­ If a hearing is deemed necessary, appli­ U.S. Highway 84 to Andalusia, Ala., mon control may be involved. If a hear­ cant requests it be held at Washington, thence over U.S. Highway 29 to junction ing is deemed necessary, applicant re­ D.C., or Dallas, Tex. U.S. Highway 31, thence over U.S. High­ quests it be held at Indianapolis, Ind., No. MC 95540 (Sub-No. 800), filed way 31 to Mobile, Ala., thence over U.S. or Chicago, HI. Highway 90 to New Orleans, La., and March 24, 1971. Applicant: WATKINS return over the same routes, serving all No. MC 77972 (Sub-No. 18), filed MOTOR LINES, INC., 1120 West Griffin intermediate points in Alabama and March 25, 1971. Applicant: MER­ Road, Lakeland, FL 33801. Applicant’s CHANTS TRUCK LINE, INC., 100 Sum­ representative: Paul M. Daniell, Post Georgia. Note: Applicant states that no duplicating authority is being sought. mer Street (Post Office Box 908), New Office Box 872, Atlanta, GA 30301. Au­ Common control may be involved. If a Albany, MS, 39652. Applicant’s repre­ thority sought to operate as a common hearing is deemed necessary, applicant sentatives: Donald B. Morrison and carrier, by motor vehicle, over irregular requests it be held at Jacksonville, Fla., Fred W. Johnson, Jr., 717 Deposit Guar­ routes, transporting: Pet foods, from Los Valdosta, Ga., or Mobile, Ala. anty Bank Building (Post Office Box Angeles, Calif., to points in Louisiana, 22628), Jackson, MS 39205. Authority Arkansas, Mississippi, Tennessee, Okla­ No. MC 67450 (Sub-No. 36), filed sought to operate as a common carrier, homa, Virginia, Ohio, Kentucky, New March 12, 1971. Applicant: PETERLIN by motor vehicle, over regular routes, York, New Jersey, Pennsylvania, and CARTAGE CO., a corporation, 9651 transporting: General commodities (ex­ Maryland. Note: Applicant states that South Ewing Avenue, Chicago, IL 60617. cept those of unusual value, classes A the requested authority cannot be tacked Applicant’s representative: Joseph M. and B explosives, commodities in bulk, with its existing authority. Common con­ Scanlan, 111 West Washington Street, household goods as defined by the Com­ trol may be involved. If a hearing is Chicago, IL 60602. Authority sought to mission, and those requiring special deemed necessary, applicant requests it operate as a common carrier, by motor equipment), (1) between Vaiden, Miss., be held at Los Angeles, Calif. vehicle, over irregular routes, transport­ and Brookhaven, Miss.: From Vaiden to No. MC 99902 (Sub-No. 4), filed ing: Grain products and blends, in bulk, Brookhaven over Interstate 55 (when from Keokuk, Iowa, to points in the March 26, 1971. Applicant: DAVE’S completed) and/or U.S. Highway 51, and MOTOR TRANSPORTATION, INC., United States (except Alaska and return over the same route, serving no Logan International Airport, Boston, Hawaii). Note: Common control may intermediate points; (2) between Jack- be involved. Applicant states that the MA 02128. Applicant’s representative: son, Miss., and Mendenhall, Miss.: From Kenneth B. Williams, 111 State Street, requested authority cannot be tacked Jackson to Mendenhall over U.S. High­ with its existing authority. If a hearing way 49, and return over the same route, Boston, MA 02109. Authority sought to ic deemed necessary, applicant requests serving no intermediate points, and operate as a common carrier, by motor it be held at Chicago, 331. serving Jackson as a point of joinder vehicle, over irregular routes, transport­ ing: General commodities (except those No. MC 67450 (Sub-No. 38), filed only; (3) between Walnut Grove, Miss., and Mount Olive, Miss.: From Walnut of unusual value, classes A and B ex­ March 12, 1971. Applicant: PETERLIN plosives, household goods as defined by CARTAGE CO., a corporation, 9651 Grove to Mount Olive over Mississippi Highway 35, and return over the same the Commission, and commodities in South Ewing Avenue, Chicago, IL 60617. bulk), between Logan International Air­ Applicant’s representative: Joseph M. route, serving no intermediate points; (4) between junction of U.S. Highway 82 port, Boston, Mass., on the one hand, Scanlan, 111 West Washington Street, and, on the other, Bradley Field, Windsor Chicago, IL 60602. Authority sought to and U.S. Highway 45-W near Mayhew, Locks, Conn., restricted to shipments operate as a common carrier, by motor Miss., and Meridian, Miss.: From junc­ having an immediately prior or imme­ vehicle, over irregular routes, transport­ tion of U.S. Highway 82 and U.S. High­ way 45-W near Mayhew, Miss., over U.S. diately subsequent movement by air. ing: Com products and blends, in bulk, Note: Applicant states that the re­ from Muscatine, Iowa, to points in the Highway 45-W to junction of U.S. High­ quested authority could be tacked at United States (except Alaska and way 45; thence over U.S. Highway 45 to Meridian, Miss., and return over the Logan International Airport, Boston, Hawaii). Note: Applicant' states that Mass., but such tacking is not con­ same route, serving no intermediate the requested authority cannot be tacked templated. Persons interested in the with its existing authority. If a hearing points; and (5) between Columbus, Miss., and the junction of U.S. Highways 45 and tacking possibilities are cautioned that Js deemed necessary, applicant requests failure to oppose the application may it be held at Chicago, 111. 45-W at Brooksville, Miss.: From Colum­ bus over U.S. Highway 82 to the junction result in an unrestricted grant of author­ No. MC 76032 (Sub-No. 281), filed of U.S. Highway 45; thence .over U.S. ity. If a hearing is deemed necessary, March 29, 1971. Applicant: NAVAJO applicant requests it be held at Boston, Highway 45 to the junction of U.S. High­ Mass. freigh t l in e s , in c ., 1205 south ways 45-W and 45, and return over the Platte River Drive, Denver, CO 80223. same route, serving no intermediate No. MC 102567 (Sub-No. 142), filed Applicant’s representative: John T. points, as alternate routes for operating March 25, 1971. Applicant: EARL GIB­ Coon (same address as above). Authority convenience only in (1) through (5) BON TRANSPORT, INC., 4295 Meadow sought to operate as a common carrier, above, in connection with applicant’s lane, Post Office Drawer 5357, Bossier oy motor vehicle, over regular routes, regular route authority. Note: If a hear­ City, LA 71010. Applicant’s representa­ transporting: General commodities (ex­ ing is deemed necessary, applicant re­ tive: Joe E. Shaw, 816 Houston First cept those of unusual value, livestock, quests it be held at Jackson, Miss., or Savings Building, Houston; TX 77002. Household goods as defined Memphis, Tenn. Authority sought to operate as a com­ °y^He Commission, commodities in bulk, and those requiring special equipment), No. MC 83835 (Sub-No. 79), filed mon carrier, by motor vehicle, over irreg­ Detween St. Louis, Mo., and Cleveland, March 18, 1971. Applicant: WALES ular routes, transporting: Liquid chem­ mo, from St. Louis over Interstate TRANSPORTATION, INC., Post Office icals, in bulk, from the plantsite and/or « ay 70 and U.S. Highway 40 to Box 6186, Dallas, TX 75222. Applicant’s storage facilities of Georgia-Pacific junction Interstate Highway 71 at representative: James W. Hightower, Corp., at or near Plaquemine, La., to

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7630 NOTICES points in the United States (except plicant’s representatives: Dale L. Cox and Massachusetts, Mississippi, New Hamp­ Alaska and Hawaii). Restriction: Re­ Mack Stephenson (same address as ap­ shire, New Jersey, New York, North Caro­ stricted to the transportation of ship­ plicant) . Authority sought to operate as lina, Pennsylvania, Rhode Island, South ments originating at the above-described a common carrier, by motor vehicle, over Carolina, Tennessee, Vermont, Virginia, origins and destined to the above- irregular routes, transporting: Wall- West Virginia, Fort Worth, Tex., Chicago described destinations. Note: Common board, fiberboard, plastic sheeting, wall and Mount Carroll, 111., and Lodi, Ohio. control may be involved. If a hearing and ceiling panels, tile, moldings, and Note : Applicant states that the requested is deemed necessary, applicant requests materials and accessories therefor, from authority cannot be tacked with its exist­ it be held at New Orleans, La., or Lodi, N.J., to points in Texas, Louisiana, ing authority. If a hearing is deemed Houston, Tex. Ohio, and Kentucky. Note: Applicant necessary, applicant requests it be held at Columbus, Ohio. No. MC 103993 (Sub-No. 612), filed states that the requested authority can­ March 19, 1971. Applicant: MORGAN not be tacked with its existing authority. No. MC 107496 (Sub-No. 801) (Amend- • DRIVE-WAY, INC., 2800 West Lexing­ Applicant further states that should pos­ ment), filed January 29, 1971, published sible duplication be discovered later, it ton Avenue, Elkhart, IN 46514. Appli­ in the F ederal R egister issue of Feb­ cant’s representative: Paul D. Borg- will be disclosed at the hearing. If a hear­ ruary 25, 1971 and republished in part hesani (same address as applicant). ing is deemed necessary, applicant re­ as amended this issue. Applicant: RUAN Authority sought to operate as a com­ quests it be held at New York, N.Y., or TRANSPORT CORPORATION, Third mon carrier, by motor vehicle, over irreg­ Washington, D.C. at Keosauqua Way, Post Office Box 855, ular routes, transporting: Trailers, No. MC 107295 (Sub-No. 500), filed Des Moines, IA 50304. Applicant’s repre­ designed to be drawn by passenger auto­ March 19, 1971. Applicant: PRE-FAB sentative: H. L. Fabritz (same address mobiles in initial movements, buildings TRANSIT CO., a, corporation, 100 South as applicant). Note : The purpose of this and sections of building, from points in Main Street, Farmer City, IL 61842. Ap­ partial republication is to reflect an ad­ Park County, Mont., to points in the plicant’s representatives: Dale L. Cox ditional part (4) as follows: Corn prod­ United States (except Hawaii and (same address as applicant) and Mach ucts and blends, in bulk, from Cedar Alaska). Note : Applicant states that the Stephenson (same address as above). Rapids, Iowa, to points in the United requested authority cannot be tacked Authority sought to operate as a com­ States (except Alaska and Hawaii) and with its existing authority. If a hearing mon carrier, by motor vehicle, over ir­ also to reflect the correct name of appli­ is deemed necessary, applicant requests it regular routes, transporting: Iron and cant as RUAN TRANSPORT CORPO­ be held at Butte, Mont. steel fencing, fencing post, gates and RATION in lieu of RAUN TRANSPORT No. MC 106398 (Sub-No. 537), filed woven fabric with all necessary fittings CORPORATION. The rest of the appli­ March 22, 1971. Applicant: NATIONAL therefor, from Houston, Tex., to points cation remains as previously published. T R AILER CONVOY, INC., 1925 National in the United States (except Alaska, No. MC 107882 (Sub-No. 21), filed Plaza, Tulsa, OK 74151. Applicant’s rep­ Illinois, Indiana, Iowa, Hawaii, Ken­ March 29, 1971. Applicant: ARMORED resentatives: Irvin Tull (same address tucky, Michigan, Minnesota, Missouri, MOTOR SERVICE CORPORATION, as above) and Leonard A. Jaskiewicz, Nebraska, North Dakota, South Dakota, 160 Ewingville Road, Trenton, NJ 08638. 1730 M Street NW„ Washington, DC Tennessee, Virginia, West Virginia, and Applicant’s representative: William P. 20036. Authority sought to operate as a Wisconsin. Note: Applicant states that Sullivan, 1819 H Street NW., Washing­ common carrier, by motor vehicle, over the requested authority cannot be tacked ton, D.C. 20006. Authority sought to irregular routes, transporting: Build­ with its existing authority. If a hearing operate as a contract carrier, by motor ings in sections mounted on wheeled is deemed necessary, applicant requests vehicle, over irregular routes, transport­ undercarriages, from Logan County, it be held at Houston or Dallas, Tex. ing: Food coupons, from Washington, Okla., to points in the United States No. MC 107295 (Sub-No. 501) filed D.C., to points in the United States (ex­ (except Alaska and Hawaii). Note: March 31, 1971. Applicant: PRE-FAB cept Alaska and Hawaii), under contract Common control and dual operations TRANSIT CO., a corporation, 100 South with General Services Administration/ may be involved. Applicant states that Main Street, Farmer City, IL 61842. Ap­ Department of Agriculture. Note: Appli­ the requested authority cannot be tacked plicant’s representatives: Dale L. Cox cant holds common carrier authority with its existing authority. If a hearing and Mack Stephenson (same address as under MC 125729, therefore dual opera­ is deemed necessary, applicant requests applicant). Authority sought to operate tions may be involved. If a hearing is it be held at Detroit, Mich., or Chicago, as a common carrier, by motor vehicle, deemed necessary, applicant requests it 111. over irregular routes, transporting: Roof be held at Trenton, N.J., or Wash­ No. MC 106398 (Sub-No. 538), filed decking and accessories, from Braddock, ington, D.C. March 19, 1971. Applicant: NATIONAL Pa., to all points in the United States No. MC 111045 (Sub-No. 77), filed TRAILER CONVOY, INC., 1925 Na­ (except Alaska and Hawaii). Note: Ap­ April 1, 1971. Applicant: REDWING tional Plaza, Tulsa, OK 74151. Appli­ plicant states that the requested author­ CARRIERS, INC., Post Office Box 426, cant’s representatives: Irvin Tull (same ity cannot be tacked with its existing Tampa, FL 33601. Applicant’s represent­ address as applicant) and Leonard A. authority. If a hearing is deemed neces­ ative: J. V. McCoy, Post Office Box 426, Jaskiewicz, 1730 M Street NW., Suite 501, sary, applicant requests it be held at Tampa, FL 33601. Authority sought to Washington, DC 20036. Authority sought Pittsburgh, Pa. operate as a common carrier, by motor to operate as a common carrier, by motor No. MC 107295 (Sub-No. 502), filed vehicle, over irregular routes, transport­ vehicle, over irregular routes, transport­ March 22, 1971. Applicant: PRE-FAB ing: Salt, other than table salt, in bulk, ing: Trailers designed to be drawn by TRANSIT CO., 100 South Main Street, from Birmingham, Ala., to points in Ala­ passenger automobiles, in initial move­ Farmer City, IL 61842. Applicant’s rep­ bama, Florida, Georgia, Mississippi, and ments, and frames and undercarriages, resentative: Dale L. Cox (same address Tennessee. Note: Common control may from points in Ontario County, N.Y., to as above). Authority sought to operate as be involved. Applicant states that the points in the United States (except a common carrier, by motor vehicle, over requested authority cannot be tacked Alaska and Hawaii). Note : Common con­ irregular routes, transporting: Ventila­ with its existing authority. If a hearing is trol and dual operations may be involved. tors, vents, louvers, shutters, suspension deemed necessary, applicant requests it Applicant states that requested au­ ceiling systems, ceiling grid, wall stud­ be held at Birmingham, Ala., or Tampa, thority cannot be tacked with its existing ding, channels, closet rods, caps, dampers, Fla. authority. If a hearing is deemed neces­ screens, grilles, glass frames and stops, No. MC 111302 (Sub-No. 66), filed sary, applicant requests it be held at and parts and fittings thereof, and when Rochester, N.Y. shipped with any of the named com­ March 30, 1971. Applicant: HIGHWAY modities, accessories and promotional TRANSPORT, INC., Post Office Box 79, No. MC 107295 (Sub-No. 499), filed Powell, TN 37849. Applicant’s represent­ April 1, 1971. Applicant: PRE-FAB materials, from Tucker, Ga., to points in TRANSIT CO., a corporation, 100 South Alabama, Arkansas, Florida, Connecticut, ative : George W. Clapp, Post Office Box Main Street, Farmer City, IL 61842. Ap­ Kentucky, Louisiana, Maine, Maryland, 10188, Greenville, SC 29603. Authority

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 NOTICES 7631

sought to operate as a common carrier, Tennessee, North Carolina, South Caro­ states that the requested authority can­ by motor vehicle, over irregular routes, lina, Alabama, Georgia, Florida, Arkan­ not be tacked with its existing author­ transporting: Commodities, in bulk, in sas, Minnesota, Wisconsin, Iowa, Illinois, ity. If a hearing is deemed necessary, ap­ tank or hopper vehicles, from points in Indiana, Michigan, Ohio, and Nebraska. plicant requests it be held at Memphis, Knox County, Tenn., to points in Ten­ Note: Applicant states that the requested Tenn. nessee, restricted to traffic having a prior authority cannot be tacked with its ex­ movement by railroad or water carrier. isting authority, If a hearing is deemed No. MC 114632 (Sub-No. 38), filed March 15, 1971. Applicant: APPLE Note: Common control may be involved. necessary, applicant requests it be held Applicant states that the requested au­ at Kansas City, Mo. LINES, INC., Post Office Box 670, Madi­ thority cannot be tacked with its existing son, SD 57042. Applicant’s representa­ authority. If a hearing is deemed neces­ No. MC 113362 (Sub-No. 205), filed tive: Val M. Higgins, 1000 First National sary, applicant requests it be held at March 22, 1971. Applicant: ELLS­ Bank Building, Minneapolis, MN 55402. Knoxville, Tenn., or Atlanta, Ga. WORTH FREIGHT LINES, INC., 310 Authority sought to operate as a com­ East Broadway, Eagle Grove IA 50533. mon carrier, by motor vehicle, over irreg­ No. MC 111729 (Sub-No. 311) (Correc­ Applicant’s representative: Milton D. ular routes, transporting: Meats, meat tion), filed March 3, 1971, published in Adams, 1105^2 Eighth Avenue NE., Aus­ products, dairy products and articles dis­ the Federal R egister issue of April 1, tin, MN 55912. Authority sought to oper­ tributed by meat packinghouses as de­ 1971, and republished in part, as cor­ ate as a common carrier, by motor vehi­ scribed in sections A, B, and C of appen­ rected, this issue. Applicant: AMERICAN cle, over irregular routes, transporting: dix I to the report in Descriptions in COURIER CORPORATION, 2 Nevada Meats, meat products, meat "byproducts Motor Carrier Certificates, 61 M.C.C. 209 Drive, Lake Success, NY 11040. Appli­ and articles distributed by meat packing­ and 766 (except hides and commodities cant’s representative: John M. Delany houses, as described in sections A and C in bulk), from Sioux Falls, S. Dak., to (same address as applicant) and Russell of appendix I to the report in Descrip­ points in Illinois and from Estherville, Bernhard, 1625 K Street NW„ Washing­ tions in Motor Carrier Certificates, 61 Iowa, to points in Illinois, Kansas, and ton, DC 20006. Note: The sole purpose M.C.C. 209 and 766 (except hides and Missouri. Note: Applicant holds contract of this partial republication is to separate commodities in bulk, in tank vehicles), carrier authority under MC 129706, the several territorial authorities sought from the plant and warehouse facilities therefore dual operations may be in­ following the commodity description of Needham Packing Co., Inc., West volved, Applicant states that the re­ under Item (1) Business papers and rec­ Fargo, N. Dak., to points in Connecticut, quested authority cannot be tacked with ords, audit and accounting media, of all Delaware, Maine, Maryland, Massachu­ its existing authority. If a hearing is kinds, (a) * * *; (b) * * •; and (c) setts, New Hampshire, New Jersey, New deemed necessary, applicant requests it in lieu of (a) * * *;• (l) * * ♦¡and (2) York, Pennsylvania, Rhode Island, Ver­ be held at Minneapolis, Minn., or Omaha, as shown in the previous publication, mont, Virginia, West Virginia, and the Nebr. and to correct the spelling of North­ District of Columbia. Note: Applicant ampton County, Pa., inadvertently states that the requested authority can­ No. MC 115180 (Sub-No. 70), filed shown as Northhampton County in the not be tacked with its existing authority. March 24, 1971. Applicant: ONLEY RE­ previous publication. The rest of the If a hearing is deemed necessary, appli­ FRIGERATED TRANSPORTATION, application remains as previously cant requests it be held at Minneapolis, INC., 408 West 14th Street, New York, published. Minn. NY 10014. Applicant’s representative: George A. Olsen, 69 Tonnele Avenue, No. MC 112822 (Sub-No. 188), filed No. MC 113855 (Sub-No. 238), filed Jersey City, NJ 07306. Authority sought March 19,1971. Applicant: BRAY LINES March 24, 1971. Applicant: INTERNA­ to operate as a common carrier, by motor INCORPORATED, 1401 North Little TIONAL TRANSPORT, INC., 2450 vehicle, over irregular routes, transport­ Street (Post Office Box 1191), Cushing, Marion Road SE., Rochester, MN 55901. ing: (1) Meats, meat products, meat by­ OK 74023. Applicant’s representative: Applicant’s representative: Alan Foss, product, and articles distributed by meat Thos. Lee Allman, Jr. (same address as 502 First National Bank Building, Fargo, packinghouses, as described in sections above). Authority sought to operate as ND 58102. Authority sought to operate A and C of appendix I to the report in a common carrier, by motor vehicle, over as a common carrier, by motor vehicle, Descriptions in Motor Carrier Certifi- irregular routes, transporting: Conduit, over irregular routes, transporting: Ply­ dates, 61 M.C.C. 209 and 766 (except Pipe and tubing and fittings therefor wood, composition board, molding, doors, hides and commodities in bulk, in tank (except oilfield and pipeline commodities wood cabinets, wood cabinet parts, and vehicles), from the plantsite and storage as defined by the Commission in Mercer accessories used in the installation facilities of mini Beef Packers, Inc., at Extension—Oilfield Commodities, 74 thereof, from points in San Bernardino, or near Joslin, 111., to points in Maine, M.C.C. 459), from points in Upshur Los Angeles, and Riverside Counties, Vermont, New Hampshire, Ohio, Massa­ County, Tex., to points in Arizona, Ar­ Calif., to points in Idaho, Illinois, Indi­ chusetts, Rhode Island, Connecticut, New kansas, California, Colorado, Idaho, ana, Iowa, lower Michigan, Missouri, York, New Jersey, Delaware, West Kansas, Minnesota, Missouri, Montana, Montana, Nebraska, Nevada, Ohio, Ken­ Virginia, Maryland, Pennsylvania, and Nebraska, Nevada, New Mexico, North tucky, North Dakota, Oregon, South the District of Columbia; and (2) such Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming, commodities as are used by meat packers, Dakota, Utah, Washington, Wisconsin, Minnesota, and Wisconsin. Note: Appli­ in the conduct of their business when Wyoming. Note: Applicant states cant states that the requested authority destined to or for use by meat packers as that the requested authority cannot be cannot be tacked with its existing au­ described in section B of appendix I to tacked with its existing authorities. If a thority. If a hearing is deemed necessary, the report in Descriptions in Motor Car­ nearmg is deemed necessary, applicant applicant requests it be held at Los An­ rier Certificates, 61 M.C.C. 209 and 766 equests it be held at Forth Worth, Tex., geles, Calif. (except hides and commodities in bulk, or Oklahoma City, Okla. No. MC 114004 (Sub-No. 98), filed in tank vehicles), from points in Maine, No. MC 113267 (Sub-No. 259), filed March 22, 1971. Applicant: CHANDLER Vermont, New Hampshire, Ohio, Massa­ chusetts, Rhode Island, Connecticut, New 1971- Applicant: CENTRAL & TRAILER CONVOY, INC., 8828 New SOUTHERN TRUCK LINES, INC., 312 Benton Highway, Little Rock, AR 72209. York, New Jersey, Delaware, West Vir­ west Morris Street, Caseyville, IL 62232. Applicant’s representative: W. G. Chan­ ginia, Virginia, Maryland, Pennsylvania Applicant’s representative: Lawrence A. dler (same address as above). Authority and the District of Columbia to the plantsite and storage facilities of Tllinj '<.er ^same address as applicant). Au- sought to operate as a common carrier, „ sought to operate as a common by motor vehicle, over irregular routes, Beef Packers, Inc., at or near Joslin, 111. mnr > b y motor vehicle, over irregular transporting: Trailers designed to be Note : Applicant states that the requested /m* ’ transporting: Frozen foods, and drawn by passenger automobiles, in ini­ authority cannot be tacked with its VrJr?ared foods, from points in the tial movements, from McNairy County, existing authority. If a hearing is deemed C^y’ Mo-> Kansas City, Kans., Tenn., to points in the United States necessary, applicant requests it be held commercial zone to points in Kentucky, (excluding Hawaii). Note: Applicant at Chicago, HI., or Washington, D.C.

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7632 NOTICES

No. MC 115841 (Sub-No. 404), filed storage facilities of Georgia-Pacific Corp. by meat packinghouses, as described in March 15, 1971. Applicant: COLONIAL at or near Plaquemine, La., to points in sections A, B, and C of appendix I to the REFRIGERATED TRANSPORTATION the United States (except Alaska and report in Descriptions in Motor Carrier INC., 1215 West Bankhead Highway, Hawaii). Restriction: Restricted to the Certificates, 61 M.C.C. 209 and 766, be­ Post Office Box 10327, Birmingham, AL transportation of shipments originating tween the plantsite and storage facilities 35202. Applicant’s representatives: C. E. at the above origins and destined to of Swift & Co. at Fort Worth, Tex., on Wesley (same address as above), and the above described destinations. Note: the one hand, and, on the other, Fayett- E. Stephen Heisley, 666 11th Street NW., If a hearing is deemed necessary, appli­ ville, Ark.; St. Louis, HI.; Kansas City, Washington, DC 20001. Authority sought cant requests it be held at New Orleans, Kans.; Columbia, Kansas City, St. Louis, to operate as a common carrier, by motor La., or Houston, Tex. and Springfield, Mo.; and Memphis! vehicle, over irregular routes, transport­ No. MC 117799 (Sub-No. 9), filed Tenn. Note: Applicant states that the ing: Meats, meat products, meat 'byprod­ March 22, 1971. Applicant: BEST WAY requested authority cannot be tacked ucts, and articles distributed by meat FROZEN EXPRESS, INC., 3033 Excel­ with its existing authority. Common con­ packinghouses, as described in sections sior Boulevard, Minneapolis, MN 55416. trol may be involved. If a hearing is A and C of appendix I to the report in Applicant’s representative: Andrew deemed necessary, applicant requests it Descriptions in Motor Carrier Certifi­ Clark, 1000 First National Bank Build­ be held at Dallas, or Fort Worth, Tex. cates, 61 M.C.C. 209 and 766 (except hides ing, Minneapolis, MN 55402. Authority No. MC 118989 (Sub-No. 62), filed and commodities in bulk), from points in sought to operate as a common carrier, March 29,1971. Applicant: CONTAINER Texas, to points in the United States on by motor vehicle, over irregular routes, TRANSIT, INC., 5223 South Ninth and east of a line beginning at the mouth transporting: Dairy products, and com­ Street, Milwaukee, WI 53211. Appli­ of the Mississippi! River, and extending modities manufactured, processed and cant’s representative: Albert A. Andrin, along the Mississippi River to its junc­ shipped by dairies, from Zumbrota, 29 South La Salle Street, Chicago, IL tion with the western boundary to Itasca Minn., to points in California, Connect­ 60603. Authority sought to operate as a County, Minn., thence northward along icut, Delaware, Illinois, Indiana, Iowa, common carrier, by motor vehicle, over the western boundaries of Itasca and Kansas, Massachusetts, Maryland, Mich­ irregular routes, transporting: Contain­ Koochiching Counties, Minn., to the igan, Missouri, Nebraska, New Jersey, ers, container ends and accessories and Canada-United States boundary line, New York, Ohio, Oklahoma, Oregon, materials, plastic products, component and points in Arizona, Arkansas, Louisi­ Pennsylvania, Rhode Island, Texas, Vir­ parts, equipment and supplies used in the ana, Oklahoma, and California. Note: ginia, Washington, West Virginia, Wis­ sale, manufacture and distribution of Common control may be involved. Appli­ consin, and the District of Columbia. cant states that the requested authority containers and container ends and plas­ Note: Applicant states that the re­ cannot be tacked with its existing au­ tic products between all points in the quested authority cannot be tacked with destination States listed below and from thority. If a hearing is deemed neces­ its existing authority. Common control sary, applicant requests it be held at (a) Portland, Ind., to points in Arkansas, Birmingham, Ala. may be involved. If a hearing is deemed Illinois, Indiana, Iowa, Kansas, Ken­ necessary, applicant requests it be held at tucky, Louisiana, Michigan, Minnesota, No. MC 115841 (Sub-No. 405), filed St. Paul, Minn., or Omaha, Nebr. Mississippi, Missouri, Nebraska, North March 14, 1971. Applicant: COLONIAL No. MC 117799 (Sub-No. 10), filed Dakota, Ohio, Oklahoma, South Dakota, REFRIGERATED TRANSPORTATION, March 26, 1971. Applicant: BEST WAY Tennessee, West Virginia, and Wiscon­ INC., 1215 West Bankhead Highway, Post FROZEN EXPRESS, INC., 3033 Excel­ sin; from (b) Durant, Miss., to points Office Box 10327, Birmingham, AL sior Boulevard, Minneapolis, MN 55416. in Arkansas, Georgia, Illinois, Indiana, 35202.'Applicant’s representatives: C. E. Applicant’s representative: Andrew R. Iowa, Kansas, Kentucky, Michigan, Min­ Wesley (Same address as applicant), and Clark, 1000 First National Bank Build­ nesota, Mississippi, Missouri, Nebraska, E. Stephen Heisley, 666-11th Street NW, ing, Minneapolis, MN 55402. Authority North Carolina, North Dakota, Ohio, Washington, DC 20001. Authority sought sought to operate as a common carrier, Oklahoma, South Carolina, South Da­ to operate as a common carrier by by motor vehicle, over irregular routes, kota, Tennessee, Texas, and Wisconsin motor vehicle, over irregular routes, transporting: Dairy products and other and from (c) Manchaug and Worcester, transporting: Meats, meat products, commodities distributed by dairies (ex­ Mass., Central Falls, R.I., and Stanhope, meat byproducts, dairy products, and cept commodities in bulk), from plant- N.J., to points in Alabama, Arkansas, articles distributed by meat packing­ sites, warehouses, storage, and produc­ Connecticut, Delaware, Florida, Georgia, houses as described in sections A, B, and tion facilities utilized by Land O Lakes, Illinois, Indiana, Iowa, Kansas, Ken­ C of the report in Descriptions in Motor Inc., located in Minnesota, Wisconsin, tucky, Louisiana, Maryland, Massachu­ Carrier Certificates 61 M.C.C. 209 and and Chicago, HI., and its commercial setts, Michigan, Minnesota, Mississippi. 766 (except commodities in bulk and zone, as defined by the Commission, to Missouri, Nebraska, North Carolina, hides), from St. Louis, Mo., to New Ha­ points in Connecticut, Delaware, Maine, North Dakota, New Jersey, New York, ven, Conn.; Baltimore, Md.; Boston, Maryland, Massachusetts, New Hamp­ Ohio, Oklahoma, Pennsylvania, Rhode Mass.; Manchester, N.H.; Rochester and shire, New Jersey, New York, Pennsyl­ Island, South Carolina, South Dakota, Buffalo, N.Y.; Jersey City, N.J.; Philadel­ vania, Rhode Island, Vermont, Virginia, Tennessee, Texas, Virginia, West Vir­ phia, Pa.; and points within their com­ West Virginia, and the District of Co­ ginia, Wisconsin, and the District of Co­ mercial zones. Note: Common control lumbia. Note: Common control and dual lumbia. Note: Applicant states that may be involved. Applicant states that operations may be involved. Applicant tacking possibilities exist, but no tacking the requested authority cannot be tacked states that the requested authority can­ intended as of now. If a hearing is with its existing authority. If a hearing not be tacked with its existing authority. deemed necessary, applicant requests it is deemed necessary, applicant requests If a hearing is deemed necessary, appli­ be held at Chicago, HI. it be held at St. Louis, Mo., or Buffalo, cant requests it be held at Washington, N.Y. No. MC 119619 (Sub-No. 48), fi^d D.C. March 19, 1971. Applicant: DISTRIBU­ No. MC 116077 (Sub-No. 308), filed No. MC 118034 (Sub-No. 17), filed TORS SERVICE CO., INC., 2000 West March 19, 1971. Applicant: ROBERT­ March 24, 1971. Applicant: MILLER 43d Street, Chicago, IL 60609. Applican SON TANK LINES, INC., 5700 Polk TRUCK LINE, INC., 901 East 28th representative: Arthur J. Piken, 1 Avenue, Post Office Box 1505 Houston, Street, Fort Worth, Tex. 76106. Appli­ City Plaza, Suite 1515, Flushing, n TX 77001. Applicant’s representative: cant’s representative: Thomas E. James, 11368. Authority sought to operate as Pat H. Robertson, Suite 401, First Na­ The 904 Lavaca Building, Austin, Tex. common carrier, by motor vehicle, o tional Life Building, Austin, TX 78701. 78701. Authority sought to operate as a irregular routes, transporting: ' Authority sought to operate as a com­ common carrier, by motor vehicle, over meat products, meat byproducts, pac^ mon carrier, by motor vehicle, over ir­ irregular routes, transporting: Meats, inghouse products and articles a,is regular routes, transporting: Liquid meat products, and meat byproducts, uted by meat packinghouses as descr chemicals, from the plantsite and/or dairy products, and articles distributed in sections A and C of appendix I to

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 NOTICES 7633 report in Descriptions of Motor Carrier sary, applicant requests it be held at sary, applicant requests it be held at Certificates, 61 M.C.C. 209 and 766 (ex­ Chicago, 111. Albany, N.Y., or Washington, D.C. cept hides and skins and commodities in No. MC 119767 (Sub-No. 266), filed No. MC 123407 (Sub-No. 80), filed bulk, in tank vehicles), from the plant- March 30, 1971. Applicant: BEAVER March 8, 1971. Applicant: SAWYER sites and cold storage facilities of Wil- TRANSPORT CO., a corporation, Bris­ TRANSPORT, INC., 2424 Minneahaha son-Sinclair at Logansport, Ind., to tol, Wis. Applicant’s representative: Avenue South, Minneapolis, MN 55404. points in Illinois and Ohio. Restriction: A. Bryant Torhorst, Post Office Box 186, Applicant’s representative: Robert W. Restricted to the transportation of traf­ Pleasant Prairie, WI 53188. Authority Sawyer (same address as above). Au­ fic originating at the above specified ori­ sought to operate as a common carrier, thority sought to operate as a common gins and destined to the above specified by motor vehicle, over irregular routes, carrier, by motor vehicle, over irregular destinations. N o t e : If a hearing is transporting: Foodstuffs, from Paulding routes, transporting: Fire hydrants, deemed necessary, applicant requests it and Celina, Ohio, to points in Illinois, valves, meter boxes, stock-cock boxes, be held at Chicago, 111. Iowa, Minnesota, Missouri, and Wis­ valve boxes, culverts, manhole covers, No. MC 119767 (Sub-No. 263), filed consin, and from Wisconsin to points in manhole frames, catch basins, catch March 11, 1971. Applicant: BEAVER Missouri. N o t e : Common control may basin covers, sewer inlets and cast iron TRANSPORT CO., a corporation, 1-94 be involved. Applicant states that the unions, pipe, pipe coating, pipe lining, and Kenosha Highway C, Bristol, WI, requested authority can be tacked with pipe fittings, and parts, accessories, mate­ Post Office Box 188, Pleasant Prairie, its existing authority but indicates that rials and supplies used in the installation WI 53158. Applicant’s representative: it has no present intention to tack, and of the above, from Clow Corp. plantsites A. Bryant Torhorst, Post Office Box 186, therefore does not identify the points and warehouse facilities at Oskaloosa, Pleasant Prairie, WI 53158. Authority or territories which can be served Iowa, to points in Alabama, Arkansas, sought to operate as a common carrier, through tacking. Persons interested in Connecticut, Delaware, District of Co­ by motor vehicle, over irregular routes, the tacking possibilities are cautioned lumbia, Florida, Georgia, Illinois, Indi­ transporting: Foodstuffs (except in that failure to oppose the application ana, Iowa, Kansas, Kentucky, Louisiana, bulk), from Watertown, Wis., to points may result in an unrestricted grant of Maine, Maryland, Massachusetts, Michi­ in the Upper Peninsula of Michigan and authority. If a hearing is deemed neces­ gan, Minnesota, Mississippi, Missouri, Iowa. Note : Applicant states it can tack sary, applicant requests it be held at Montana, Nebraska, New Hampshire, to serve other origins, however, tacking Madison or Milwaukee, Wis. New Jersey, New York, North Carolina, is not intended. Persons interested in No. MC 119789 (Sub-No. 63), filed North Dakota, Ohio, Oklahoma, Penn­ the tacking possibilities are cautioned March 24, 1971. Applicant: CARAVAN sylvania, Rhode Island, South Carolina, that failure to oppose the application REFRIGERATED CARGO, INC., Post South Dakota, Tennessee, Texas, Ver­ may result in an unrestricted grant of Office Box 6188, Dallas, TX 75222. Appli­ mont, Virginia, West Virginia, Wisconsin, authority. Common control may be cant’s representative: James T. Moore and Wyoming. N o t e : Applicant states involved. If a hearing is deemed neces­ (same address as above). Authority that the requested authority cannot be sary, applicant requests it be held at sought to operate as a common carrier, tacked with its existing authority. Com­ Milwaukee, Wis. by motor vehicle, over irregular routes, mon control may be involved. If a hearing No. MC 119767 (Sub-No. 264), filed transporting: Synthetic fibers, from is deemed necessary, applicant requests March 11, 1971. Applicant: BEAVER Waynesboro, Va., to points in Oklahoma it be held at Chicago, HI., Birmingham, TRANSPORT CO., a corporation, 1-94 and Libertyville, 111., and Milwaukee, Wis. Ala., or Atlanta, Ga. and Kenosha Highway C, Bristol, WI, N o te : Applicant states that the requested No. MC 123476 (Sub-No. 11), filed Post Office Box 188, Pleasant Prairie, authority cannot be tacked with its March 25, 1971. Applicant: CURTIS WI 53158. Applicant’s representative: existing authority. If a hearing is deemed TRANSPORT, INC., 1334 Lonedell Road, A. Bryant Torhorst, Post Office Box 186, necessary, applicant requests it be held Arnold, MO 63010. Applicant’s represent­ Pleasant Prairie, WI 53158. Authority at Washington, D.C., or Dallas, Tex. ative: O. E. Mueller (same address as sought to operate as a common carrier, No. MC 119988 (Sub-No. 42) (Correc­ applicant). Authority sought to operate by motor vehicle, over irregular routes, tion), filed March 1, 1971, published in as a common carrier, by motor vehicle, transporting: Foodstuffs, from St. the F ederal R e g is t e r issue of April 1, over irregular routes, transporting: Ex­ Joseph and Paw Paw, Mich., to points 1971, and republished in part, as cor­ panded plastic products, from the plant- in Kentucky. N o t e : Common control rected, this issue. Applicant: GREAT site of the Dow Chemical Co. at Pevely, way be involved. Applicant states that WESTERN TRUCKING CO., INC., Mo., to points in Pennsylvania and West the requested authority can be tacked Highway 103 East, Post Office Box 1384, Virginia. N o t e : Applicant states that the with its existing authority at Louisville, Lufkin, TX 75901. Applicant’s repre­ requested authority cannot be tacked " yv to serve other destinations, but sentative: Bennie W. Haskins, Highway with its existing authority. If a hearing indicates that it has no present intention 103, Lufkin, TX 75901. The purpose of is deemed necessary, applicant requests it to tack. If a hearing is deemed necessary, this partial republication is to reflect the be held at St. Louis, Mo. applicant requests it be held at Milwau­ kee, Wis. correct Docket number as MC 119988 No. MC 124315 (Sub-No. 2), filed (Sub-No. 42), in lieu of MC 11988 (Sub- March 8, 1971. Applicant: ROBERT No. MC 119767 (Sub-No. 265), filed No. 42) which was erroneously published. LUKENBILL, doing business as J. & L. jMJrch ll, 1971. Applicant: BEAVER The rest of the application remains as COMPANY, 6517 North Smith, Spokane, TRANSPORT CO., a corporation, 1-94 previously published. WA 99207. Applicant’s representative: and Kenosha Highway C, Bristol, WI No. MC 123233 (Sub-No. 34), filed Hugh A. Dressel, 702 Old National Bank tPost Office Box 188, Pleasant Prairie, March 4, 1971. Applicant: PROVOST Building, Spokane, WA 99201. Authority wi 53158). Applicant’s representative: CARTAGE, INC., 7887 Second Avenue, sought to operate as a contract carrier, J: Bryant Torhorst, Post Office Box 186, Ville d’Anjou 437 Quebec, Canada. Ap­ by motor vehicle, over irregular routes, peasant Prairie, WI 53158. Authority plicant’s representative: J. P. Vermette transporting: Bakery products, and re­ ought to operate as a common carrier, (same address as applicant). Authority turned and stale bakery products, from y motor vehicle, over irregular routes, sought to operate as a common carrier, by Spokane, Wash., to Newport, Pullman, transporting: Animal feed (except in motor vehicle, over irregular routes, and Colville, Wash., and Wallace, Lewis­ m tank trucks), from the plant- transporting: Carbon tetrachloride, in ton, Moscow, Plummer, Coeur d’Alene, te and warehouse facilities of the Great bulk, in tank vehicles, from the port of Sandpoint, and Kellogg, Idaho, and Atlantic & Pacific Tea Co.. Inc., at Terre entry between the United States and Libby, Mont.; and returned and stale aute, Ind., to Milwaukee, Wis. N o t e : Canada located at or near Roosevel- bakery products, from Newport, Pullman, „ control may be involved. Appli- town, N.Y., to Bayonne, N.J. N o t e : and Colville, Wash., and Wallace, Lewis­ t states that the requested authority Applicant states that the requested au­ ton, Moscow, Plummer, Coeur d’Alene, cannot be tacked with its existing thority cannot be tacked with its existing Sandpoint, and Kellogg, Idaho, and authority, if a hearing is deemed neces­ authority. If a hearing is deemed neces­ Libby, Mont., to Spokane, Wash., under

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7634 NOTICES contract with Silver Loaf Baking Co., Ohio, Pennsylvania, Rhode Island, South New York. Note: Applicant states that Spokane, Wash. N o t e : If a hearing is Carolina, Tennessee, Vermont, Virginia, the requested authority cannot be tacked deemed necessary, applicant requests it West Virginia, Wisconsin, and the Dis­ with its existing authority. If a hearing be held at Spokane, Wash. trict of Columbia. N o t e : Applicant states is deemed necessary, applicant requests that the requested authority cannot be it be held at Raleigh, N.C. No. MC 124708 (Sub-No. 30), filed tacked with its existing authority. If a March 26, 1971. Applicant: MEAT hearing is deemed necessary, applicant No. MC 127834 (Sub-No. 61) (Amend­ PACKERS EXPRESS, INC., 222 72d requests it be held at Washington, D.C„ ment), filed January 15, 1971, published Street, Omaha, NE 68114. Applicant’s or Nashville, Tenn. in the F ederal R e g is t e r issue of Febru­ representative: Andrew R. Clark, 1000 ary 11,1971, and republished as amended First National Bank Building, Minne­ No. MC 126276 (Sub-No. 37) (Amend­ this issue. Applicant: CHEROKEE apolis, MN 55402. Authority sought to ment) , filed November 4, 1970, published HAULING & RIGGING, INC., 540-42 operate as a contract carrier, by motor in the F ederal R e g is t e r issues of Novem­ Merritt Avenue, Nashville, TN 32703. Ap­ vehicle, over irregular routes, transport­ ber 26 and December 10, 1970, and re­ plicant’s representative: Robert M. ing: Meats, meat products and meat by­ published in part, as amended this issue. Pearce, Post Office Box E, Bowling Green, products and articles distributed by meat Applicant: FAST MOTOR SERVICE, KY 42101. Authority sought to operate packinghouses, as described in sections INC., 12855 Ponderosa Drive, Palos as a common carrier, by motor vehicle, A and C of Appendix I to the report in Heights, IL 60463. Applicant’s represent­ over irregular routes, transporting: Fur­ Descriptions in Motor Carrier Certifi­ ative: Albert A. Andrin, 29 South La Salle niture, from Henderson, Tex., to points cates, 61 M.C.C. 209 and 766 (except Street, Chicago, IL 60603. N o t e : The pur­ in Texas, Oklahoma, Kansas, Nebraska, hides and commodities in bulk), from pose of this partial republication is to South Dakota, and North Dakota and all Emporia, Kans., West Point and Dakota include Milwaukee, Wis., as an origin points east thereof. N o t e : Applicant City, Nebr.; Denison, Fort Dodge, Le point. The rest of the application remains states that the requested authority can­ Mars, and Mason City, Iowa, Luverne, as previously published. not be tacked with its existing author­ Minn.; to points in Florida, Georgia, No. MC 126276 (Sub-No. 47), filed ity. The purpose of this republication is North Carolina, and South Carolina March 29, 1971. Applicant: FAST MO­ to include Texas as a destination point under contract with Iowa Beef Proces­ TOR SERVICE, INC., 12855 Ponderosa If a hearing is deemed necessary, appli­ sors, Inc. Restricted to traffic originating Drive, Palos Heights, IL 60463. Appli­ cant requests it be held at Nashville, at the plantsites and storage facilities of cant’s representative: Robert H. Levy, 29 Tenn. Iowa Beef Processors, Inc. N o t e : Appli­ South La Salle Street, Chicago, IL 60603. cant states not duplicating authority is No. MC 128007 (Sub-No. 33). filed Authority sought to operate as a contract March 5, 1971. Applicant: HOPER, being sought. Common control may be carrier, by motor vehicle, over irregular involved. If a hearing is deemed neces­ INC., Post Office Box 583, 4032 Parkview routes, transporting: Nonalcoholic bever­ Drive, Pittsburg, KS 66762. Applicant’s sary, applicant requests it be held at ages and materials and supplies used or Omaha, Nebr., or Minneapolis, Minn. representative: Clyde N. Christey, 641 useful in the manufacturing thereof, be­ Harrison Street, Topeka, KS 66603. No. MC 125699 (Sub-No. 2), filed tween the plantsite of Pepsi Cola General Authority sought to operate as a com­ March 24,1971. Applicant: WILLARD E. Bottlers at Danville, HI., on the one hand, mon carrier, by motor vehicle, over DURBIN, doing business as DURBIN and, on the other, points in Indiana, Ken­ irregular routes, transporting: (1) Dry AUTO SERVICE, 421 South Mulberry tucky, and Missouri under contract with zinc sulphate and dry zinc oxide, from Street, Hagerstown, MD 21740. Appli­ Pepsi Cola General Bottlers. N o t e : If a points in Montgomery County, Kans., to cant’s representative: Daniel B. Johnson, hearing is deemed necessary, applicant points in Oklahoma, Texas, Colorado, 716 Perpetual Building, 1111 E Street requests it be held at Chicago, HI. Nebraska, Iowa, Missouri, Wisconsin, NW., Washington, DC 20004. Authority No. MC 126514 (Sub-No. 31), filed Minnesota, and Michigan; (2) barium sought to operate as a common carrier, March 24, 1971. Applicant: HELEN H. carbonate, from points in Montgomery by motor vehicle, over irregular routes, SCHAEFFER AND EDWARD P. County to points in Missouri, Iowa, transporting: Wrecked and disabled SCHAEFFER, a partnership, 5200 West Oklahoma, and Texas; and (3) fabri­ motor vehicles and replacement vehicles Bethany Home Road, Glendale, AZ cated concrete reinf orcing materials and in truckaway or towaway service, be­ 85301. Applicant’s representative: George joints, from points in Labette County, tween Berkeley, Morgan, and Kanawha A. Olsen, 69 Tonnele Avenue, Jersey City, Kans., to points in Missouri, Oklahoma, Counties, W. Va.; Washington, Allegany, NJ 07306. Authority sought to operate Nebraska, Hlinois, Texas, Iowa, Colo­ and Garrett Counties, Md.; and Cumber­ as a common carrier, by motor vehicle, rado, South Dakota, North Dakota, land County, Pa.; on the one hand, and, over irregular routes, transporting: Minnesota, Arkansas, Louisiana, on the other, points in Pennsylvania, Advertising matter, books, calendars, Georgia, and Florida. N o t e : Applicant Maryland, Virginia, Delaware, West Vir­ post cards, printed matter, and display states that the requested authority can­ ginia, New Jersey, Ohio, New York, North racks, from West Nyack, N.Y., to points not be tacked with its existing authority. Carolina, South Carolina, and the Dis­ in Arizona, California, New Mexico, If a hearing is deemed necessary, appli­ trict of Columbia. N o t e : If a hearing is Washington, Oregon, and Nevada. N o t e : cant requests it be held at Kansas City. deemed necessary, applicant requests it Applicant states that the requested au­ Mo. be held at Hagerstown, Md. thority cannot be tacked with its exist­ No. MC 128007 (Sub-No. 34), filed No. MC 126118 (Sub-No. 13), filed ing authority. If a hearing is deemed March 29, 1971. Applicant: HOFER. March 25, 1971. Applicant: GEORGE M. necessary, applicant requests it be held INC., Post Office Box 583 (20th ana By- HILL, doing business as HILL TRUCK­ at Washington, D.C., or New York, N.Y. Pass) Pittsburg, KS 66762. Applicants ING COMPANY, Route 7, Johnson City, No. MC 127810 (Sub-No. 2), filed representative: John E. Jandera, bt TN 37601. Applicant’s representative: R. Harrison Street, Topeka, KS 66tU3. Cameron Rollins, 321 East Center Street, March 24, 1971. Applicant: SHERMAN & BODDIE, INC., Highway 15 South Authority sought to operate as a com" Kingsport, TN 37660. Authority sought mon carrier, by motor vehicle ov to operate as a common carrier, by motor (Durham Road), Oxford, NC 27565. Applicant’s representatives: W. W. Bod- irregular routes, transporting: Dry fe vehicle, over irregular routes, transport­ ingredients, from Freeport, Tex., ing: Peppers and pimientos, in cans or die, Highway 15 South, Oxford, NC barrels, from the plantsite of Moody 27565, or Chas. B. Morris, Jr., Post Office points in Kansas, Colorado, Oklahoma, Dunbar, Inc., at Limestone, Tenn., to Box 709, Raleigh, NC 27602. Authority Nebraska, Iowa, Missouri, South Dako a, points east of the Mississippi River, which sought to operate as a common carrier, and Hlinois. N o t e : Applicant states t includes points in Alabama, Connecticut, by motor vehicle, over irregular routes, the requested authority cannot be tac e Florida, Georgia, Indiana, Illinois, Ken­ transporting: Citrus pulp and citrus with its existing authority. If a heann meal, from points in Florida, to points in tucky, Maine, Maryland, Massachusetts, is deemed necessary, applicant reques Michigan, Mississippi, New Hampshire, North Carolina, Virginia, Maryland, New Jersey, New York, North Carolina, Delaware, Pennsylvania, New Jersey, and it be held at Kansas City, Mo.

FEDERAL REGISTER, V O L 36, NO. 78— THURSDAY, APRIL 22, 1971 NOTICES 7635

No. MC 128117 (Sub-No. 15), filed resentative: William J. Hirsch, 35 Court deemed necessary, applicant requests it March 19, 1971. Applicant: NORTON- Street, Buffalo, NY. Authority sought to be held at Omaha, Nebr. RAMSEY MOTOR LINES, INC., Post operate as a common carrier, by motor No. MC 133342 (Sub-No. 2), filed Office Box 896, Hickory, NC 28601. Appli­ vehicle, over irregular routes, transport­ March 31, 1971. Applicant: COLUMBIA cant’s representative: Francis J. Ortman, ing: General commodities (except CIFUNE TRUCKING, INC., doing busi­ 1700 Pennsylvania Avenue NW., Wash­ those of unusual value, classes A and B ness as COLUMBIA TRUCKING, 3 ington, DC 20006. Authority sought to explosives, household goods, as defined Seventh Street, North Arlington, NJ operate as a common carrier, by motor by the Commission, commodities in bulk, 07032. Applicant’s representatives: Rob­ vehicle, over irregular routes, transport­ and those requiring special equipment), ert H. Griswold and S. Berne Smith, 100 ing: New furniture, from points in Ala­ restricted to traffic having a prior or Pine Street, Post Office Box 1166, Harris­ mance, Orange, Guilford, Randolph, subsequent movement by aircraft; (1) burg, PA 17108. Authority sought to Forsyth, and Moore Counties,. N.C., to between the Greater Buffalo Interna­ operate as a common carrier, by motor points in New Mexico, Oklahoma, Texas, tional Airport (Erie County), N.Y., vehicle, over irregular routes, transport­ Arkansas, and Louisiana. N o t e : Appli­ (Monroe County), N.Y., and points in ing: Chinaware, earthenware, and glass cant states that the reauested authority Genesee County, N.Y., and (2) be­ tableware, from the warehouse of Amer­ cannot be tacked with its existing tween the Greater Buffalo International ican Commercial, Inc., doing business authority. If a hearing is deemed neces­ Airport (Erie County), N.Y., and as Mikasa, in Secaucus, N.J., to points sary, applicant requests it be held at Rochester-Monroe County Airport (Mon­ in Nassau County, N.Y. N o t e : Applicant Charlotte, N.C., or Washington, D.C. roe County), N.Y., on the one hand, and, states that the requested authority can­ No. MC 128273 (Sub-No. 91), filed on the other, Logan International Air­ not be tacked with its existing authority. March 12, 1971. Applicant: MIDWEST­ port (Suffolk County), Mass.; Detroit If a hearing is deemed necessary, appli­ ERN EXPRESS, INC., Box 189, Fort Metropolitan Airport (Wayne County); cant requests it be held at New York, N.Y. Scott, KS 66701. Applicant’s representa­ Detroit Willow Run Airport (Wayne County), Mich.; Newark Airport (Essex No. MC 133478 (Sub-No. 3), filed tive: Danny Ellis (same address as appli­ March 30, 1971. Applicant: HEARIN cant) . Authority sought to operate as a County), N.J.; Albany County Airport common carrier, by motor vehicle, over (Albany County); Broome County Air­ FOREST INDUSTRIES, doing business irregular routes, transporting: Twine port (Broome County); Olean Municipal as HEARIN TRANSPORTATION CO., and sisal products; (A) from Cincinnati Airport (Cattaragus County); James­ a corporation, Post Office Box 25387, and Toledo, Ohio; Philadelphia, Pa.; town Municipal Airport (Chautauqua 4854 Southwest Scholls Ferry, Portland, Norfolk, Va.; Baltimore, Md.; New York County); Chemung County Airport OR. Applicant’s representative: Nick I. City, N.Y.; Detroit and Bay City, Mich.; (Chemung County); Watertown Airport Goyak, 404 Oregon National Building, Chicago, 111.; Milwaukee, Wis.; Duluth, (Jefferson County); Oneida County 610 Southwest Alder Street, Portland, Minn.; Davenport and Dubuque, Iowa; Airport (Oneida County); Clarence E. OR 97205. Authority sought to operate St. Louis and Kansas City, Mo.; Omaha, Hancock Airport (Onondaga County); as a contract carrier, by motor vehicle, Nebr.; Fort Smith, Little Rock and Pine La Guardia Airport and John F. Ken­ over irregular routes, transporting: Pre­ Bluff, Ark.; Tulsa, Okla.; Mobile, Ala.; nedy International Airport (Queen finished paneling and similar wood and Galveston, Freeport, Laredo, and El Paso, County); Massena Airport (St. Lawrence plywood materials, from Beaverton, Tex.; Los Angeles and San Francisco, County); and Tompkins County Airport Oreg., to points in the United States Calif.; Portland, Oreg., and Seattle, (Tompkins County), N.Y.; Cleveland- (except Alaska and Hawaii), and ports Wash.; to all points in the United States Hopkins Municipal Airport (Cuyahoga of entry on the international boundary (except Alaska and Hawaii); (B) Hous­ County), Ohio; Bradford-McKean line between the United States and ton, Tex., to all points in the United County Airport (McKean County), Pa.; Canada, and plywood paneling stock, States (except Oklahoma, Arkansas, and Pittsburgh International Airport paint, mill machinery, and similar Colorado, Kansas, Missouri, Illinois, (Allegheny County), Pa.; and (3) be­ materials used in connection with manu­ Nebraska, Iowa, South Dakota, Wyoming, tween points in Erie and Niagara facturing of wood and plywood products, Minnesota, North Dakota, and Montana, Counties, N.Y. N o t e :' Applicant states from Torrance, Los Angeles, Riverside, Alaska and Hawaii); and (C) Houston, that the requested authority cannot be San Francisco, and San Diego, Calif., and Tex., to St. Louis, Mo., Chicago and Alton, tacked with its existing authority. If a Tacoma, Wash., to Beaverton, Oreg., HI. Note: Applicant states that the re­ hearing is deemed necessary, applicant under contract with Hearin Products, quested authority cannot be tacked with requests it be held at Buffalo, N.Y. Inc., an Oregon corporation. N o t e : If a hearing is deemed necessary, applicant its existing authority. If a hearing is No. MC 133229 (Sub-No. 9), filed deemed necessary, applicant requests it requests it be held at Portland, Oreg., March 15, 1971. Applicant: COATS or Seattle, Wash. be held at Kansas City, Mo., or Washing­ FREIGHlWAYS, INC., 601 32d Avenue, ton, D.C. Council Bluffs, IA 51501. Applicant’s rep­ No. MC 133777 (Sub-No. 5), filed No. MC 128273 (Sub-No. 92), filed resentative: Donald L. Stern, 530 Uni vac March 24, 1971. Applicant: METAL March 25, 1971. Applicant: MIDWEST­ Building, 7100 West Center Road, CARRIERS, INC., 400 West Main Street, ERN EXPRESS, INC., Box 189, Fort Omaha, NE 68106. Authority sought to Dallas, TX 75208. Applicant’s representa­ Scott, KS 66701. Applicant’s representa­ operate as a common carrier, by motor tive: Clayte Binion, 1108 Continental tive: Danny Ellis (same address as appli­ vehicle, over irregular routes, transport­ Life Building, Fort Worth TX 76102. cant). Authority sought to operate as a ing: Meats, meat products, meat by­ Authority sought to operate as a com­ common carrier, by motor vehicle, over products and articles distributed by meat mon carrier, by motor vehicle, over ir­ «regular routes, transporting: Animal packinghouses, as defined in sections A regular routes, transporting: Scrap, non- reed (except in bulk), between the plant- and C of appendix I to the report in ferrous metals, between points in Texas, “ te and storage facilities of Pine Lake Descriptions in Motor Carrier Certifi­ Ohio, Indiana, Kentucky, Nebraska, packing at or near Perham, Minn., and cates, 61 M.C.C. 209 and 766 (except liq­ Iowa, Mississippi, Alabama, Florida, Points in the United States (except uid commodities, in bulk, and except and Georgia. N o t e : Applicant states that Alaska and Hawaii). N o t e : Applicant hides), from the plantsite and storage the requested authority can be tacked states that the requested authority can- facilities utilized by Beefland Interna­ with its existing authority, but appli­ Tf if ^ ^ e d with its existing authority. tional, Inc., at Council Bluffs, Iowa, and cant has no present intention to tack and ; a hearing is deemed necessary, appli- Omaha, Nebr., to points in Connecticut, therefore does not identify the points or ant requests it be held at Los Angeles, Delaware, Maine, Maryland, Massachu­ territory which can be served through ^auf., or Washington, D.C. setts, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, tacking. Persons interested in the tack­ No. Me 133070 (Sub-No. 5), filed Vermont, Rhode Island, and the District ing possibilities are cautioned that fail­ Mwch 29, 1971. Applicant: TRANS-AIR of Columbia, restricted to traffic origi­ ure to oppose the application may result ERVTCE, INC., 1505 Cleveland Drive, nating at the named plants!tes and stor­ in an unrestricted grant of author­ heektowaga, NY 14225. Applicant’s rep­ age facilities. N o t e : If a hearing is ity. Common control may be involved.

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 7636 NOTICES

If a hearing is deemed necessary, appli­ Grove Village, HI., under contract with Raleigh, or Greensboro, N.C., or Wash­ cant requests it be held at Port Worth or Rollex Corp. Note: If a hearing is ington, D.C. Houston, Tex. deemed necessary, applicant requests No. MC 13581, filed March 9, I97i_ No. MC 133937 (Sub-No. 9), filed it be held at Milwaukee, Wis., or Chicago, HI. Applicant: DRUM TRANSPORTATION March 26, 1971. Applicant: CAROLINA COMPANY, a corporation, Rural Deliv­ CARTAGE COMPANY, INC., 424 Airport No. MC 134776 (Sub-No. 11), filed ery No. 1, Montgomery, PA 17752. Appli­ Road, Post Office Box 1075, Greenville, March 22, 1971. Applicant: MILTON cant’s representative: J. G. Dail, Jr., nil SC 29602. Applicant’s representatives: TRUCKING, INC., Post Office Box 209, E Street NW., Washington, DC 20004 Leonard A. Jaskiewicz, 1730 M Street Milton, PA 17847. Applicant’s representa­ Authority sought to operate as a con­ NW., Suite 501, Washington, DC 20036, tive: George A. Olsen, 69 Tonnele Ave­ tract carrier, by motor vehicle, over ir­ and James A. Lanier, Post Office Box nue, Jersey City, NJ 97306. Authority regular routes, transporting: Wooden 45096, Atlanta Airport, Atlanta, GA sought to operate as a contract carrier, poles, posts, pilings, timbers, ties, and 30320. Authority sought to operate as a by motor vehicle, over irregular routes, cross arms and laminated wooden beans, common carrier, by motor vehicle, over transporting: Chemicals (except in between the plantsites of Southern Wood irregular routes, transporting: Motion bulk), from North Claymont, Del.; Piedmont Co. at or near Baldwin, Fla.; and sound picture films, film, newspapers, Brooklyn, Niagara Falls, and Solvay, Augusta, Macon, East Point, and Way- books, and periodicals, between Atlanta, N.Y.; Midland, Mich.; Barberton, Ohio; cross, Ga.; Spartanburg, S.C.; Wilming­ Ga., and Charlotte, N.C. Note: Common Belle, Charleston, and Nitro, W. Va.; to ton and Gulf, N.C.; and Chattanooga, control may be involved. Applicant states points in McKean, Elk, Cameron, Potter, Tenn.; on the one hand, and, on the other, that the requested authority cannot be Clinton, Clearfield, Centre, Union, Sny­ points in Alabama, Connecticut, Dela­ tacked with its existing authority. If der, Lycoming, Tioga, Bradford, Sulli­ ware, Georgia, Kentucky, Massachusetts, a hearing is deemed necessary, appli­ van, Montour, Northumberland, Colum­ Maine, Maryland, New Hampshire, New cant requests it be held at Charlotte, N.C., bia, Wyoming, Lackawanna, Luzerne, Jersey, New York, North Carolina, Ohio, or Columbia, S.C. and Susquehanna Counties, Pa., under Pennsylvania, Rhode Island, South Caro­ contract with Avis Chemical Co., Avis, No. MC 134358 (Sub-No. 2), filed lina, Tennessee, Virginia, Vermont, West Pa. Note: Common control may be in­ Virginia, and the District of Columbia, March 8, 1971. Applicant: CENTRAL volved. If ahearing is deemed necessary, under contract with Southern Wood DISPATCH, INC., Nicholson and Wa­ applicant requests it be held at Harris­ Piedmont Co. Note : Applicant presently bash Streets, Kansas City, MO 64120. burg, Pa., or Washington, D.C. holds authority as a motor common car­ Applicant’s representative: Donald J. rier under Certificate No. MC 126349 Sub- Quinn, Suite 900,1012 Baltimore, Kansas No. MC 134863 (Sub-No. 2), filed No. 2, and if the contract carrier author­ City, MO 64105. Authority sought to April 1, 1971. Applicant: FLEETWAY ity sought in the instant application is operate as a common carrier, by motor TRANSPORTATION, DIVISION OF granted it will request cancellation of its vehicle, over irregular routes, transport­ WAINOCO OIL AND CHEMICALS, authority in said Certificate MC 126349 ing: Meat, meat products, and articles LTD., 1900 11th Street SE., Calgary 21, Sub 2 upon issuance of a permit herein. distributed by meat packinghouses, as AL, Canada. Applicant’s representative: If a hearing is deemed necessary, appli­ described in sections A and C of ap­ J. F. Meglen, Post Office Box 1581, Bill­ cant requests it be held at Washington, pendix I to the report in Descriptions in ings, MT 59103. Authority sought to D.C. Motor Carrier Certificates, 61 M.C.C. operate as a contract carrier, by motor 209 and 766 (except hides and commodi­ vehicle, over irregular routes, transport­ No. MC 135417 (Sub-No. 1>, filed ties in bulk), from the plantsite and ing: Soda ash, in bulk, in pneumatic and March 14, 1971. Applicant: FARO storage facilities used by Aristo Kansas dump-type vehicles, from Sweetgrass TRUCKING CORP., 310 North Seventh Meat Packers, Division of Aristo Foods and Wild Horse, Mont., to ports of entry Street, Brooklyn, NY. Applicant’s repre­ Inc., a Missouri corporation, at or near on the international boundary line sentative: Samuel B. Zinder, Station Holton, Kans., to points in Alabama, between the United States and Canada, Plaza East, Great Neck, NY. Authority Arkansas, Florida, Illinois, Indiana, Iowa, located at or near Sweetgrass and Wild sought to operate as a contract carrier, Michigan, Mississippi, Missouri, Ohio, Horse, Mont., under contract with Allied by motor vehicle, over irregular routes, and Pennsylvania. Note: Applicant Chemical Canada, Ltd., Montreal 102, transporting: Shoes, boots, footwear, states that the requested authority can­ Quebec, Canada. Note: If a hearing is handbags, from points in New Jersey and not be tacked with its existing authority. deemed necessary, applicant requests it New York within the port of New York If a hearing is deemed necessary, appli­ be held at Billings, Mont. Harbor as defined by the Interstate Com­ cant requests it be held at Kansas City, merce Commission to Hicksville, N.Y., No. MC 135074 (Sub-No. 1), filed Mo. restricted to shipments having a prior March 26, 1971. Applicant: SECURITY movement by water, under continuing No. MC 134644 (Sub-No. 2), filed STORAGE COMPANY, INC., 117 Bypass contract with Lujan, Inc., DeLeon, Ltd., March 8, 1971. Applicant: JEROME -J, South, Goldsboro, NC 27530. Applicant’s and DeLeon Western, Ltd. Note: If a MARTIN, Box 95, North Street, Sullivan, representative: Lindsay C. Warren, Jr., hearing is deemed necessary, applicant WI 53178. Applicant’s representative: Post Office Box 1616, Goldsboro, NC requests it be held at New York, N.Y. David V. Purcell, 1902 Marine Plaza, Mil­ 27530. Authority sought to operate as a waukee, WI 53202. Authority sought to common carrier, by motor vehicle, over No. MC 135443, filed March 22, 1971. operate as a contract carrier, by motor irregular routes, transporting: Used Applicant: NATIONAL BRUSH COM­ vehicle, over irregular routes, transport­ household goods, between points in PANY MOTOR EXPRESS, INU, Wam- ing: (1) Aluminum and steel building Wayne, Lenoir, Johnston, Green, Pitt, wright Shipyard, Panama City, FL materials, and accessories, materials, and Martin, Edgecombe, Wilson, Nash, Hali­ 32401. Applicant’s representative: Ernest supplies therefor, sample and display fax, Wake, Durham, Orange, Person, Welch, 434 Magnolia Avenue, Panama materials, and steel angles and channels, Granville, Vance, Franklin, and Warren City, FL 32401. Authority sought to oper­ for the account of Rollex Corp., from Counties, N.C., restricted to the trans­ ate as a contract carrier, by motor vehi­ Ixonia, Wis., to Elk Grove Village and portation of traffic having a prior or sub­ cle, over irregular routes, transporting. Joliet, HI., from Elk Grove Village, HI.» sequent movement in containers, beyond Brushes and brush related products, to Lake Mills, Wis., and points in the the points listed above, and further re­ Milwaukee, Wis., commercial zone; (2) stricted to the performance of pickup and brooms, sponges, mats, rugs and returned shipments and materials, delivery service in connection with pack­ tuft-formed articles and natural a equipment, and supplies used or useful ing, crating, and containerization, or un­ synthetic materials and supplies an in the manufacture or processing of the packing, uncrating, and recontaineriza­ machinery used in the manufacture commodities named above, for the tion of such traffic. Note: Applicant thereof, manufactured distributed an account of Rollex Corp., from Elk Grove states that the requested authority can­ sold by National Brush Co., an 1111110 Village and Joliet, HI., to Ixonia, Wis., not be tacked with its existing authority. from Lake Mills, Wis., and points in the If a hearing is deemed necessary, appli­ corporation, and its wholly owned su Milwaukee, Wis., commercial zone, to Elk cant requests it be held at Goldsboro, sidiaries, National Wood Products

FEDERAL REGISTER, VOL. 36, NO. 7«— THURSDAY, APRIL 22, 1971 NOTICES 7637

Sewell C. Harlin Lumber Co., Inc., Ken­ York, N.Y., to points in the United States Crawfordsville, Ind., on the one hand, tucky Corporations and National Brush except Alaska and Hawaii. N o t e : If a and, on the other, Lafayette and In­ Inc., a Florida corporation, from plant- hearing is deemed necessary, applicant dianapolis, Ind., and Champaign, 111. sites of National Brush Co. in Aurora, HI., requests it be held at Washington, D.C. Restriction: Restricted to traffic having National Wood Products Co. and Sewell No. MC 135463, filed March 8, 1971. an immediately prior or subsequent C. Harlin Lumber Co., Inc., in Glasgow, Applicant: P & B LIME SERVICE, INC., movement in rail piggyback service. Ky., and National Brush, Inc., in Pana­ N o t e : Post Office Box 14, Bloomer, WI 54724. If a hearing is deemed necessary, ma City, Fla., to points in Florida, Missis­ applicant requests it be held at Indianap­ sippi, Louisiana, Arkansas, Missouri, Applicant's representative: William S. olis, Ind. Georgia, Alabama, Tennessee, Kentucky, Rosen, 630 Osborn Building, St. Paul, MN 55102. Authority sought to operate No. MC 135478, filed March .29, 1971. Indiana, and Illinois. N o t e : If a hearing Applicant: JOSEPH A. CAHNO, doing is deemed necessary, applicant requests as a contract carrier, by motor vehicle, business as JOSEPH A. CATINO CON­ it be held at Panama City, Fla. over irregular routes, transporting: Bulk STRUCTION CO., 139 Commonwealth Portland cement, from the Minneapolis- Avenue, Worcester, MA 01604. Appli­ No. MC 135447, filed March 24, 1971. St. Paul, Minn., commercial zone, to Applicant: DILIDO TRANSPORTA­ cant’s representative: Arthur A. Went- Bloomer, Chippewa Falls, Eau Claire, zell, Post Office Box 764, Worcester, MA TION CO., INC., 501 West 30th Street, Menomonie, Rice Lake, and Stanley, New York, NY. Applicant’s representa­ 01613. Authority sought to operate as a Wis., for the exclusive account of P & B contract carrier, by motor vehicle, over tive: Bert Collins, 140 Cedar Street, New Enterprises, Inc., of Bloomer, Wis. N o t e : York, NY 10006. Authority sought to op­ If a hearing is deemed necessary, appli­ irregular routes, transporting: Building erate as a contract carrier, 'by motor cant requests it be held at St. Paul, materials and supplies, transported on vehicle, over irregular routes, transport­ Minn. pallets, loaded and unloaded by mechani­ ing: (1) Iron, steel, aluminum and non- cal device, from plantsite of Camosse ferrous metals, iron, steel, aluminum and No. MC 135464, filed March 31, 1971. Block, Inc., at North Wilbraham, Mass., nonferrous articles, and (2) materials, Applicant: I & A CORPORATION, No. to points in Hartford, Litchfield, Middle­ supplies, and equipment used in the con­ 3 Scout Avenue, South Kearny, NJ sex, New Haven, New London, Tolland, duct of its business, between New York, 07032. Applicant’s representative: and Windham Counties, Conn., under N.Y., commercial zone, Hudson and Es­ Charles J. Williams, 47 Lincoln Park, contract with Camosse Block Inc., Wil­ sex Counties, N.J., on the one hand, and, Newark, NJ. Authority sought to operate braham, Mass. N o t e : If a hearing is as a contract carrier, by motor vehicle, deemed necessary, applicant requests it on the other, points in Maine, Vermont, over irregular routes, transporting: Such New Hampshire, Massachusetts, Con­ be held at Boston or Springfield, Mass. necticut, Rhode Island, New York, New commodities as are dealt in by retail women’s and children’s ready-to-wear M otor Carrier of P assengers Jersey, Pennsylvania, Ohio, Delaware, apparel stores, and in connection there­ Maryland, Virginia, and the District of No. MC 3647 (Sub-No. 432), filed Columbia. Restriction: Restricted (1) with, supplies and equipment used in the March 15, 1971. Applicant: PUBLIC against the transportation of the in­ conduct of such business, from Secaucus, SERVICE COORDINATED TRANS­ volved commodities in bulk or special N.J., to Butler, Beaver Falls, and New PORT, a corporation, 180 Boyden Ave­ equipment (2) the proposed service to be Castle, Pa., and points in Delaware, and nue, Maplewood, NJ 07040. Applicant’s under contract with Metal Purchasing returned shipments of the above- representative: Richard Fryling (same described commodities on return, under Co., Inc. Note : Common control may be address as above). Authority sought to involved. If a hearing is deemed neces­ contract, or continuing contract, with operate as a common carrier, by motor sary, applicant requests it be held at Gaylords National Corp. N o t e : If a vehicle, over irregular routes, transport­ New York, N.Y. hearing is deemed necessary, applicant ing : Passengers and their baggage, in requests it be held at Newark, N.J., or the same vehicle with passengers, in No. MC 135458, filed March 26, 1971. New York, N.Y. round-trip special operations dining the Applicant: ALLISON - MITCHELL authorized racing season at said race­ TRANSFER CO., a corporation, 1762 No. MC 135473, filed March 30, 1971. Applicant: MARK DeGRAND AND track, beginning and ending at Brooklyn Sixth Avenue South, Seattle, WA 98134. and Staten Island, N.Y., and extending to Applicant’s representative: George H. ANTHONY ESTACIO, a partnership, do­ ing business as D & E TRUCKING, 928 Delaware Park Race Track, Stanton, Del. 1100 IBM Building, Seattle, WA Stephenson, Escanaba, AO 49829. Appli­ N o t e : Applicant states that the re­ »8101. Authority sought to operate as a quested authority cannot be tacked with contract carrier, by motor vehicle, over cant’s representative: Mark DeGrand (same address as applicant). Authority its existing authority. If a hearing is irregular routes, transporting: Tele­ deemed necessary, applicant requests it phone equipment, materials, and sup­ sought to operate as a contract carrier, by motor vehicle, over irregular routes», be held at Newark, N.J., or New York plies, between Seattle, Wash., on the one N.Y. nand, and, on the other, points in King, transporting: Malt beverages, (1) from bnohomish, Skagit, Whatcom, San South Bend, Ind., to Escanaba, Mich.; No. MC 61335 (Sub-No. 13), filed Juan, Clallam, Jefferson, and Kitsap (2) from Columbus, Ohio, to Escanaba, March 8, 1971. Applicant: TRANS­ wmnties, Wash., under contract with Sault Ste Marie, and St. Ignace, Mich.; BRIDGE LINES, INC., Post Office Box and (3) from Milwaukee, Wis., to Escan­ western Electric Co. N o t e : Applicant 146, Phillipsburg, NJ 08865. Applicant’s now holds common carrier authority un- aba and Stephenson, Mich.; under con­ representative: W. C. Mitchell, 140 Cedar er Me 36750 and Sub 1, therefore dual tract with Miller Beverage Co.; Ammel Street, New York, NY 10006. Authority Dist. Co., Inc.; Superior Beverage Co.; perations may be involved. Common sought to operate as a common carrier, control may also be involved. If a hear- and Beaudoin Dist., Co. N o t e : If a hear­ by motor vehicle, over irregular routes, Z® ?s deemed necessary, applicant re­ ing is deemed necessary, applicant transporting: Passengers and their bag­ quests it be held at Seattle, Wash. requests it be held at Escanaba, Mich.; gage, in special operations, (1) from Milwaukee, Wis., or Chicago, HI. No. MC 135462, filed March 31, 1971. points in Hunterdon and Warren Coun­ No. MC 135476, filed March 26, 1971. ties, N.J., to Liberty Bell Race Track, i S rant: D ir e CT SHIPPERS, INC., Applicant: DONALD R. WARD, doing Philadelphia, Pa., and Pocono Downs ,.Lurtin& Avenue, Bronx, NY 10461. business as WARD TRUCKING, Rural applicant’s representative: Kenneth R. Race Track, Wilkes-Barre, Pa., and (2) Route No. 2, Crawfordsville, IN 47933. from points in Hunterdon and Warren i»sVi7’ a"? V11*011 Street, Taylor, PA Applicant’s representative: Donald W. Counties, N.J., Lehigh, Monroe, and Auth°rity sought to operate as a Smith, 900 Circle Tower, Indianapolis, Northampton Counties, Pa., and those in ivrcZH^11 carr^er> toy motor vehicle, over IN 46204. Authority sought to operate that part of Bucks County, Pa., on and p„„fular routes, transporting: (a) as a common carrier, by motor vehicle, east of U.S. Highway 611 from Doyles- Ja Aagt tyin9 decorations, from Carl- over irregular routes, transporting: town, Pa., to the county line near Riegels- stati NJ*’ to points in the United Printed matter, and materials and sup­ ville, Pa., and on and north of U.S. High­ (hi 6S eiccept Alaska and Hawaii; and plies used in the manufacture or dis­ way 202 from Doyles town, Pa., to New artificial decorations, from New tribution of printed matter, between Hope, Pa., to Aqueduct Race Track, New

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, 1971 763S NOTICES

York, N.Y., Belmont Park Race Track, Georgia, Idaho, Maine, Massachusetts, i 1100.40 of the general rules of practice Belmont, N.Y., Monticello Raceway, Mississippi, Nevada, New Hampshire, (49 CFR 1100.40) and filed within 15 days Monticello, N.Y., Roosevelt Raceway, New Mexico, North Carolina, Oregon, from the date of publication of this no­ Westbury, N.Y., Saratoga Race Track, Rhode Island, South Carolina, Utah, tice in the F ederal R egister. Vermont, Washington, and Wyoming, Saratoga, N.Y., and Yonkers Raceway, Long- and-S hort H aul Yonkers, N.Y. N ote: Common control and return. N ote: Applicant states no may be involved. Ii a hearing is deemed duplicate authority is being sought. It FSA No. 42175—Lumber and forest necessary, applicant requests it be held further states that the requested author­ products to points in southern territory. at Allentown, Pa. ity cannot be tacked with its existing Filed by O. W. South, Jr., agent (No. authority, if a hearing is deemed neces­ A6246), for interested rail carriers. Rates No. MC 118044 (Sub-No. 1), filed sary, applicant requests it be held at on lumber and forest products, in car­ April 1, 1971. Applicant: KEESHIN Chicago, HI. loads, as described in the application, CHARTER SERVICE, INC., 705 South from Searchmont, Ontario, Canada, and Jefferson, Chicago, IL 60607. Applicant’s By the Commission. points in Eastern Canada, on the one representative: Arnold L. Burke, 69 West [seal] R obert L. O swald, hand, to points in southern territory, Washington Street, Chicago, IL 60602. Secretary. Rockmart, Ga., on the other. Authority sought to operate as a com­ [FR Doc.71-5548 Filed 4-21-71:8:45 am ] Grounds for relief—Short-line dis­ mon carrier, by motor vehicle, over ir­ tance formula and grouping. Tariff—Supplement 13 to Canadian regular routes, transporting: Passengers Freight Association tariff ICC 319. and their baggage, restricted to traffic FOURTH SECTION APPLICATION FOR originating in the territory indicated, in RELIEF By the Commission. »charter service, from points in Cook A pril 19,1971. [seal] R obert L. Oswald, County, 111., to points in Alabama, Alaska, Protests to the granting of an applica­ Secretary. Arizona, California, Colorado, Florida, tion must be prepared in accordance with [FR Doc.71-5623 Filed 4-21-71;8:50 am]

CUMULATIVE LIST OF PARTS AFFECTED— APRIL

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 April.

Page 3 CFR Page 7 CFR Page 7 CFR— Continued P roclamations: 1______„ _____ 6071 Proposed R u les: 4031 (revoked by Proc. 4040)-, 6335 7______6887 51______6755 4040 ___ .1______6335 54______6071 56— ______6592 4041 ______6337 210______7049, 7592 210______7603 4042 ______6475 215______~ ______7593 270 ______7240 _____ 7240 4043 ______- ______6709 220______7593 271 ___ 4044 ______6683 225______7593 272 ______7240 4045 ______6885 319—______7001 273 ______7240 4046 _ 7047 331______- ______7508 274 ___ _ 7240 4047 ______7299 354______6559 725______“ ____ 7462 4048 ______7579 601—______6559 908______6592,6899 722 _ 6733, 7509916______6432 E xecutive O rders: 723______- ______6733 928______5995 Mar. 27,1913 (modified by PLO 724 ______6734, 7221, 7593, 7594 T000______— 7514 5037)______6893 728 _ 7317 1001______— 7514 Jan. 19, 1917 (revoked in part 729 ______7222 1002______7514 by PLO 5045)______7416 846______6821 1004_____ — - _7514 Mar. 10, 1924 (see PLO 5043). 7415 855______5961 1006______7514 April 17,1926 (revoked in part 862______6734 1007______6830, 7514 by PLO 5034)______6503 877______6489, 7049 1011______7514 Feb. 23, 1928 (see PLO 5043). 7415 905 ______— 6493, 7509 1012______7514 5498 (see PLO 5043)______7415 906 ______- 5962, 7049 1013______7514 10952 (see EO 11589)______6343 907 __ 5963, 6494, 6734, 7123, 7509, 7596 1015______I_ _ 7514 11588______—— 6339 908 ______5963, 6735, 7123, 7596 1030___ — . 7514 See Proc. 4040______6335 910;______- ____ 6412, 6887, 7317 1032 ___ r 7514 11589 ______6343 911______6887 1033 ___ ” 11111___^514 7069,7514 P residential D ocum ents O ther 916 ______5964 1036______7514 T han P roclamations and E xec­ 1040______917 ______—____ 7510 7514 utive O rders: 1043______944______¿1*______5964, 7002, 7597 - 7514 Reorganization Plan No. 1 of 1044— ____ 947______7124 1046______7514 1958 (see EO 11589)______6343 959______6559 7514 1049 ___ 7514 5 CFR 991______6888 1050 ___ ._ 75U 151 ______7508 999______6735 1060______7514 213 ______5961, 1133______7124 1061______1062______--- II - 7514 6071, 6487, 6488, 6573, 6732, 6733, 1421______— 7417 6593, 6833, 7514 7301,7415,7508 1063— ____ _ 7514 1434______7511 1064 ___ 307- ______6488 1468______- 6560 ------7514 334______6488 1065 ___ ------7514 1472____ 6560, 6561 1068______733______7508 ------" I I I - 7514 1488______- 7597 1069—-___ _ 890. ____ 6573 ¿593, 6833, 7514 1001 ______6874 I 1809______6821 1070______

FEDERAL REGISTER, VOL. 36, NO. 78— THURSDAY, APRIL 22, Î971 FEDERAL REGISTER 7639 7 CFR—Continued Page 12 CFR— Continued Page 18 CFR Page Proposed R ules— Continued 564______6740 2______7232, 7505 1071. ______7514 701_------7004 35______----- 6563 1073. ------7514 P roposed R ules: 157______7051 1075. ______7514 250 ______7233 ______7514 545______6839 1076. 556------6839 260______— _ 7051 1078. 6593, 6833, 7514 P ro po sed R u l e s : 6593, 6833, 7514 563 __ 7535 1079. 3 ______1090. _____ 7318, 7514 564 ------_ 6764 ___ 7020 1094. ._.______7514 582______6840 4 ______6596 582b______6840 1096. ______7514 101______6596 ______7514 741------7073 141______6596 1097. 154______1098. _____ 7318, 7514 6596, 7150 1099. ______7514 13 CFR 156 ______6596 157 ___ . ____ 7514 ___ 6596 1101 121------5967 201______1102. ______7514 ___ 6596 260______1103. _____ 7318,7514 14 CFR ___ 6596 1104. ____ 7318, 7514 604______— _ 6762 1106. ____ 7318, 7514 37------7127 622______6762 1108. ______7514 39------— ------5967, 1120. ______7514 6072, 6413, 6470, 6826-6827, 7224, 19 CFR 1121. ____ 7318, 7514 7581, 7582 l ______7233 1124. ______7514 71------6413-6415, 4______„__ 6420 1125. ______7514 6741, 7049, 7224, 7225, 7302-7304, 10______7506 1126. ______7514 7501,7582 301______7132 1127. ______7514 75------6415, 7225 P ro po sed R u l e s : 1128. ______7514 77------5968, 6741 153______7012 1129. ______7514 95______5971 1130. ____ 7318, 7514 97------6073, 6890, 7304, 7582 1131. ______7514 207------6574, 7305, 7432 20 CFR 1132. ______7514 208 ______6575, 7439 404 ______6420 1133. — ____ 7514 212------6576, 7306, 7449 405 ______6943, 7050 1134. ______7514 213 ------7306 P roposed R ules: 1136. _____ 7462, 7514 214 ------6577, 7455 1137. ------7514 404______6434 250------7306 405______1138. ______7514 373_'— ------6577 7018 378______6586 8 CFR 378a______6415 21 CFR 100------7415 389------6591 1 ______6891 245------7415 399______7225, 7228, 7230 2 ______7128 8______Proposed R ules: ____ :____ 6892 P roposed R ules: 19 ______J____ 7421 214------6755 25— ------______7257 20 ______: ______7421 39------6836 27______;___ 6074 9 CFR 71------6015, 45—1______7422 76. ______5965 6434, 6760, 6761, 6836, 7072, 7073, 130______6075 5966, 6561-6563, ~6736, 7002, 7124,’ 7143, 7144, 7257, 7258, 7604 135a______7583 7223, 7301, 7421, 7581 75----- 1------6837, 7604 135c______7128, 7422 97_. ------6413 Ch. II______6761 135e______5976 201 ------7223 296 ------7467 135g— .______5976 331. ------7125 297 ------7467 141______7129, 7233, 7309 141e______._— _____ 5977 10 CFR 15 CFR 146e______5977 148g______------7309 Proposed R ules: 14------7218 148i______7422 20____ 373------5975 148k______------7233 30_____ 375------5976 148w______7129 31______376__------5976 148z______------7129 32___ 377------5976 165______7422 40_____ 386------5976, 7308 420______6495, 6496, 6827 50____ 615------;_■«------7127 70__ P roposed R ules: 71__ 16 CFR 1 ______6833 16______6835 12 CFR 13------6416, 6741-6744, 7501-7504 17______7466 1__ 422------7309 19______7506, 7535 Proposed R ules: 27______7467 240------6524 130______6833 ------«...___ R70Q 410------7536 147______6899 207...... 7¿03 433------6592 191______7255 420______6523 17 CFR 22 CFR if2523------6413R41 s 230. 7050 524__;------201 7096 ____ 7125 Proposed R ules: 561 249______6440 24 CFR 270______6595 200_____ 6896 274______6595 235_____ 6897

No. 78------9 7640 FEDERAL REGISTER 24 CFR— Continued page 36 CFR— Continued page 43 CFR— Continued % 1914______'___ 6078, 6746, 7238 20 ______7184 1915______6079, 6747, 7239 221_____ 7587 P roposed R ules: P roposed R ules: 5490— ------— ------7207 1710______6594 7______7143, 7514 5510------7207 <^.1720______7018 P ublic L and O rders: . 37 CFR 649 (revoked by PLO 5043) __ 7415 25 CFR 1______7312 1579 (see PLO 5040)______7053 15___ 7184 3 _ 7312 4631 (revoked by PLO 5039) __ 6894 111______6080 5034------______------6503 221______6080, 6748, 7131 38 CFR 5035— ------6423 3—______7588 5036 ------6754 26 CFR 5037 ------6893 39 CFR 5038------—.------6893 1______5977, 6081, 6421, 6477, 7004 5039 ------6894 13______7005 144______6750 5040 ------:______7053 151______6081, 6421154______7050 5041 ---- i ------7054 601_____ .______7584 158---- 7050 5042— i ------7054 P roposed R ules: P roposed R ules: 5043 ------7415 1__ 6082, 6429, 6830, 7012, 7143, 7240 41__------7603 5044 ------1______7416 31______7240 144______6114 5045 ______7416 53______6429, 7014 5046— ______7416 143______6429 41 CFR 5047______' 7416 170______6111 1-3______5980 179______7059 1-7______5980 45 CFR 301______7012 1-16______5981 177______6894 5A-1____ 6943 250 ______6423 28 CFR 5A-2______5981 P roposed R u l e s: 0 _ 6748 5A-3______5982 151______7017 5A-60______6944 156 ______6009 29 CFR 5A-76______6944 157 ______6011 1 __ 6427 5C-1______6753 5 ______6427 15-1______7506 46 CFR 30 ______6810 18-8______6345 18-9—___ - ______6383 308______;______7054 1518_____ 7340 381______6894 1901______7006 18-10______6396 18-11______6406 P roposed R u l e s: 30 CFR 18-12______6945 10______6902 18-13______—_ 6972 11____ ._ 6013, 6014, 6902 18______7007 18-14______6998 300 ______7184 12______6902 101-26______6497, 7313 30 ______6902 301 ______7184 101-32______6498 302 ______7184 31 ______6902 101-47______7215 32 ______6902 P roposed R ules: 105-50______6498 3 3 ______6902 75______7016, 7513114-26______6892 35______6902 81______, ______7513 Proposed R ules: 50______6902 60-3____ 7532 52 __ _ 6902 31 CFR 54______6902 0______6828 42 CFR 56______6902 202______6748 58 _ 6902 73______;____ 6500, 6503, 7314 6902 203_____ 6749 78______7215 75______306______6749 93______6902 250______6423 6902 481______5982-5994 94 32 CFR 93 6902 P roposed R ules: 6902 577______: ______6711 110 541______6116 6902 906______5977 111 73______6828, 6835 112 6902 78___ i______7256 113 6902 33 CFR 420______6680 137 6902 3______:______5978 459 ______7145 446 7604 6902 82______6422 460 ______7145 151 92______7417 461 ______7145 1R7 6902 6902 117______7132, 7133, 7587 462 ______7145 160 153______7009 463 ______7145 165! 6902 204______6422 464 ______7145 177 6902 208—______T______6497 183 6902 43 CFR 183 6902 209______6564 6902 192 P roposed R ules: 4 ___ 7185, 7588 Ch. 2 i : i Ö 5 5 ; 6115, 6519, 6833, 7255 117______6115, 6836, 7143 13______7185 21 ______7185 K n o ______35 CFR 23______7185 230______7207, 7589 5 4 3 253______7506 1720______6422 1840_____ 7207 47 CFR 36 CFR 1850______7207 0 __ 7011 6 ----_------7134 2850______6828 ______6056", 6504,7422 1 ______6423 8------7184 3500—______7053 2 ______FEDERAL REGISTER 7641 47 CFR— Continued Page 49 CFR Page 49 CFR— Continued page 15______6504 1______— 6570 Proposed R ules— Continued 73”______6507, 7215, 7423, 7589, 7590 191______7507 179______7258 83______6423, 7215 567— ______7056 391 ______7144 568______7057 392 _ 7144 87______7216 571_____ 6895, 7058, 7218, 7315, 7419, 7420 571____ 6761, 6837-6839, 6903, 7259 89______7424 1033______5978, 1048______7074 91______7428, 7429 5979, 6571-6573, 6829, 7420, 7507 1115______6595 97______6423, 7217 1048______7011 1100______a______6425, 7134 P r o p o s e d R u l e s : 1104______7134 50 CFR 13______6437 1332______6425 28— ______— ______7431 15______6438, 7018 Proposed R ules: 32 _;______7221 25______7020 171______7073 33 ______5980, 6754, 6896, 7221 73______—— 6440, 7259, 7260, 7468 173______— 6437, 7258 230______7431

LIST OF FEDERAL REGISTER PAGES AND DATES— APRIL

Pages Date 5955-6066- April 1 6067-6328- 2 6329-6469. 3 6471-6552 6 6553-6701. 7 6703-6816. 8 6817-6878 9 6879-6937. 10 6939-7042. 13 7043-7117. 14 7119-7208 15 7209-7294. 16 7295-7410. 17 7411-7494. 20 7495-7573______21 7575-7641______22

know UNITED STATES GOVERNMENT ORGANIZATION y o u r MANUAL -1970/71

OFFICE OF THE FEDERAL REGISTER National Archives and Records Service General Services Adm inistration

UNITED STATES GOVERNMENT ORGANIZATION MANUAL

1 9 7 0 / 7 1 presents essential information about Government agencies (up­ dated and republished annually). Describes the creation and authority, organization and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, students, librarians, researchers, businessmen, and lawyers who need current official information about the U.S. Govern­ ment. The United States Government Organization Manual is the official guide to the functions of the Federal Government, published by the Office of the Federal Register, GSA.

.00 per copy. Paperbound, with charts

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