FEDERAL REGISTER VOLUME 35 • NUMBER 242 Tuesday, December 15, 1970 • Washington, D.C. Pages 18945-19004

Agencies in this issue— Agricultural Stabilization and Conservation Service Agriculture Department Atomic Energy Commission Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Delaware River Basin Commission Environmental Protection Agency Federal Home Loan Bank Board Federal Insurance Administration Federal Maritime Commission Federal Power Commission Federal Reserve System Federal Trade Commission Food and Drug Administration General Services Administration Housing and Urban Development Department Interior Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau Maritime Administration National Oceanic and Atmospheric Administration • Post Office Department Public Health Service Small Business Administration Detailed list of Contents appears inside. Latest Edition Guide to Record Retention Requirements

[Revised as of January 1, 1970]

This useful reference tool is designed they must be kept. Each digest carries to keep businessmen and the general a reference to the full text of the basic public informed concerning the many law or regulation providing for such published requirements in Federal laws retention. and regulations relating to record retention. The booklet’s index, numbering over The 89-page “Guide” contains about 2,200 items, lists for ready reference 1,000 digests which tell the user (1) the categories of persons, companies, what type records must be kept, (2) and products affected by Federal who must keep them, and (3) how long record retention requirements.

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r m m X1 WiW Published dally, Tuesday through Saturday (no publication on Sundays, Mondays, or rrllrn/ll I4 on the day after an official Federal holiday), by the Office of the Federal Register, Nation * - Archives and Records Service, General Services Administration, Washington, D.C. 20408, ^ Phoiw 962-8626 pursuant to the authority contained in the Federal Register Act, approved July 26, 193 (49 Stat. 600, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Federal Register, ap­ proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. . . The F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 per year, payable advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remit check money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o f F ederal R egulations, which is published, under 50 titles, pursua to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code o f F ederal R egulations is sold by the Superintenden of Documents. Prices of new books are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code of F ederal R egulations. Contents

DELAWARE RIVER BASIN Eastern Shore Natural Gas Co_ 18994 AGRICULTURAL STABILIZATION El Paso Natural Gas Co______18994 AND CONSERVATION SERVICE COMMISSION Kansas-Nebraska Natural Gas Rules and Regulations Notices Co., Inc______18995 Lundgren, Leonard______18995 Cotton, upland, 1971 crop; base Comprehensive plan; public hear­ ing ______18991 Mid Louisiana Gas Co______18995 acreage allotments------18953 Natural Gas Pipeline Company AGRICULTURE DEPARTMÉNT ENVIRONMENTAL PROTECTION of America______18996 New Jersey Zinc Co___ :______18996 See also Agricultural Stabilization AGENCY Panhandle Eastern Pipe Line a n d Conservation Service; Rules and Regulations Commodity Credit Corporation; Co______18996 Consumer and Marketing Serv­ Establishment of chapter and re­ Southern Energy Co______18997 ice; Pood and Nutrition Service. codification of regulations____ 18972 Tennessee Gas Pipeline Co. and Proposed Rule Making Alabama-Tennessee Natural Notices Gas Co——______18997 Wisconsin ; designation of area for Air quality control regions, cer­ emergency loans— ------18989 tain; designation and revision; York Haven Power Co______18997 consultation with appropriate ATOMIC ENERGY COMMISSION authorities______- _- 18978 FEDERAL RESERVE SYSTEM Notices FEDERAL HOME LOAN BANK Rules and Regulations Consolidated Edison Company of BOARD Reserves of member banks; cur­ New York, Inc.; availability of rency and coin______18957 detailed statement on environ­ Rules and Regulations mental considerations— 18989 Operations; purchase of GNMA- Proposed Rule Making Pacific Gas and Electric Co.; is­ guaranteed securities.______18957 Reserves of member banks; cur­ suance of provisional construe-' rency and coin; cross reference— 18980 tion permit______18990 FEDERAL INSURANCE CIVIL SERVICE COMMISSION ADMINISTRATION FEDERAL TRADE COMMISSION Notices Rules and Regulations Notices Establishment of minimum rates National flood insurance program: Respondents unable to afford and rate ranges : Areas eligible; list__ :______18964 counsel; statement of policy__ 18998 Nursing assistant and licènsed Identification of flood-prone practical nurse positions in areas; list______18965 several locations______18990 FOOD AND NUTRITION Typing and stenographic skills, FEDERAL MARITIME SERVICE New York City______18991 COMMISSION Rules and Regulations COMMERCE DEPARTMENT Notices Special milk program for children; See Maritime Administration; Na­ Agreements filed: definition of “needy schools"__ 18953 tional Oceanic and Atmospheric North Atlantic Westbound Administration. Freight Association______18991 Pittston Stevedoring Corp. and GENERAL SERVICES Chilean Line, Inc. (2 docu­ ADMINISTRATION COMMODITY CREDIT ments) ______18992 CORPORATION Rules and Regulations Rules and Regulations FEDERAL POWER COMMISSION Government-wide automated data management services; Federal Rice export program; miscella­ Rules and Regulations neous amendments—______18956 data processing centers______18971 Implementation of National En­ Records management; technical vironmental Policy Act___ !__ 1 18958 assistance services______18970 CONSUMER AND MARKETING Reports of gas stored underground SERVICE and schedule______18962 Statement of source and applica­ HEALTH, EDUCATION, AND Rules and Regulations tion of funds______18961 WELFARE DEPARTMENT Lemons grown in California and Arizona; expenses and rate of Proposed Rule Making See Public Health Service. assessment ______18955 Limitation on provisions in Onions: natural gas rate schedules relat-r HOUSING AND URBAN Importation ______18955 _ing to minimum take provisions; Shipments limitation in Idaho conference______18980 DEVELOPMENT DEPARTMENT and Oregon------18955 See also Federal Insurance Ad­ Oranges, Navel, grown in Arizona Notices ministration. and California,; handling limi­ Hearings, etc.: tation _____ 18954 Alabama-Tennessee Natural Gas Notices Proposed Rule Making Co______18992 Acting Assistant Secretary for Re­ Artex Oil Co______18993 newal and Housing Manage­ Milk handling ih Great Basin Cascade Natural Gas Corp__ _ 18993 ment; designation-.______18989 marketing areas; rescheduling Cities Service Gas Co______18993 of hearing______1______18975 Consolidated Gas Supply Corp_ 18993 (Continued on next page) 18947 18948 CONTENTS

INTERIOR DEPARTMENT LAND MANAGEMENT BUREAU POST OFFICE DEPARTMENT See also Land Management Notices Rules and Regulations Bureau. Classifications of lands: Notices Arizona (3 documents)______18982 Transportation of mail______18965 Commissioner of Indian Affairs; California (2 documents) _ 18983,18984 Notices delegation of authority______18989 Montana ______18985 Nevada (3 documents)__ 18985,18986 Uniform quality control program; INTERNAL REVENUE SERVICE Oregon______18987 optional fabric specifications for Rules and Regulations Montana; opening of public lands-' 18984 uniform clothing______18981 Gift tax; actuarial tables and in­ Nevada; public sale_____*_____ 18987 Utah; provisional offering of land PUBLIC HEALTH SERVICE terest factor; correction______18965 for sale______18988 Proposed Rule Making Rules and Regulations Income tax; treatment of letters, MARITIME ADMINISTRATION memorandums and similar prop­ Transfer Of regulations; cross erty and of gains and losses from Rules and Regulations reference_____ :______-___ 18971 involuntary conversions______18973 Merchant marine training; eligi- bility requirements______18953 SMALL BUSINESS INTERSTATE COMMERCE Values of war risk insurance; COMMISSION miscellaneous amendments___ 18949 ADMINISTRATION Rules and Regulations NATIONAL OCEANIC AND Notices Car service; railroad operating MESBIC of Washington, Inc.; is­ regulations for freight car ATMOSPHERIC ADMINISTRATION suance of license to operate as m ovem ent______I------18963 minority enterprise small busi­ Notices Proposed Rule Making ness investment company 18998 Motor carriers: Commercial fisheries research and Small Business Investment Com­ Temporary authority applica­ development___ -______18975 tions ______18999 Control or elimination of jellyfish- 18977 pany of Connecticut; applica­ tion for transfer of control of Transfer proceedings— ______19000 Notices Transportation of passengers or licensed small business invest­ property by motor vehicle due to Boat Orca, Inc.; loan application- 18989 ment company—______18998 cessation of normal railroad transportation occasioned by work stoppages; temporary TREASURY DEPARTMENT o rd er______19001 See Internal Revenue Service.

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

7 CFR 24 CFR 42 CFR 215______—______—18953 1914______18964 56— ______18972 722______18953 1915— ______18965 59______18972 907______j ____ 18954 75— ______18972 910______18955 26 CFR 76 ______18972 958______18955 25 _____ 18965 77 ______18972 980______^___ 18955 18972 P roposed R ules: 79______1481______18956 81______18972 1------— ______18973 18972 P roposed R u l e s: 456______459______18972 1136______18975 39 CFR 475— ____ lm____ 18972 Ch. I______„18965 476______18972 12 CFR 521 ______— 18966 479______J 18972 18972 204______18957 522 ______18967 481-______545— ______18957 523 ______18969 P roposed R ules: 524 ______18970 481______18978 P roposed R u l e s: 525_____ 18970 204______18980 46 CFR 41 CFR 309 ______I______18949 18 CFR 101-11______18970 310 ______18953 2___ 18959 101-32______18971 4 ______18960 49 CFR 5 ______18960 1033— ______18963 141______18961 157______18960 50 CFR 260 (2 documents)______18961, 18962 P roposed R ules: P roposed R u l e s: 253 ______18975 154______18980 254 ______18977 18949 Rules and Regulations

which the Maritime Administration will Standard-type vessel: Value Title 46— SHIPPING provide war risk hull insurance for EC2-S-C1 ______$180,000 damage to or actual or constructive total EC2—S-AW1 ______180, 000 Chapter II— Maritime Administration, VC 2-S-A P2______245, 000 loss of the vessel and for which claims Cl—M—AVI ______145, 000 Department of Commerce for damage to or actual or constructive C l—A and B (Steam )______220, 000 SUBCHAPTER G— EMERGENCY OPERATIONS total loss of such insured vessels may be Cl—A and B (Diesel) ______220, 000 adjusted, compromised, settled, adjudged, C2-S-B1 ______270,000 [General Order 82, 23d Rev.] or paid by the Maritime Administration C3-S-A2 ______550,000 PART 309— VALUES FOR WAR RISK with respect to insurance attaching din:-’ C 4 -S -B 5 ______950, 000 ing the, period July 1, 1970, to Decem­ Tl-M -B T ______125, 000 INSURANCE ber 31, 1970, inclusive, under the stand­ T 2 -S E -A 1 ______500, 000 Miscellaneous Amendments ard forms of war risk hull insurance T3—S-B Z 1 ______805,000 interim binder or policy prescribed by T3—S-A l ______480, 000 Sections 309.1—309.101 of this part aré §§ 308.106 and 308.107 of this chapter (2) The values of the standard types hereby revised to read as follows: (General Order 75,2d Rev., as amended) : of war-built vessels under U.S. flag listed F in d in g s and S cope Provided, however, That if there is a sub­ in this subparagraph (2) which do not Sec. stantial change in market values during have the lawful right to engage in the 309.1 Findings. said period, the Maritime Administration coastwise trade of the United States 309.2 Scope. reserves the right to revise the values (which are the current domestic market B asic Values provided for herein or determined pur­ values of such vessels as determined by 309.3 Vessels built during or after 1939. suant hereto at any time during said the Ship Valuation Committee) are as 309.4 Vessels built prior to 1939. period. follows: (2) It is contemplated that the nextStandard-type vessel : Value G eneral P rovisions revised values will be published as soon VC 2-S-AP2______$230, 000 809.5 Adjustments for condition, equip­ as practicable after January 1, 1971, to T2-SE-A1 ______435, 000 ment and other considerations. be effective with respect to insurance at­ 309.6 Definitions. (3) The values of the standard types taching during the period January 1, of war-built vessels under foreign-flag 309.7 Modifications. 1971, to June 30, 1971, inclusive. 309.8 Vessel data forms. listed in this subparagraph (3) (which (b) Vessels excluded. The values es­ are in the lower of (i) the restricted Values for I ndividual Vessels tablished pursuant to §§ 309.3 through world market values, or (ii) the domestic 309.101 Values effective July 1, 1970. 309.5 do not apply to passenger vessels, lumber schooners, car ferries, seatrains, market values of comparable U.S.-flag Au th o r ity : Sections 309.1 through 309.101 cable ships, bulk cement and ore carriers, vessels which do not have the lawful Issued under sec. 304, 49 Stat. 1987, as right to engage in the coastwise trade amended, sec. 1209, 64 Stat. 775, as amended, vessels operated on the Great Lakes and of the United States, as determined by 70 Stat. 984; 46 TJ.S.C. 1114, 1289. inland waterways, fully refrigerated ves­ sels, vessels of less than 1,500 gross tons, the Ship Valuation Committee) are as F indings and S cope or any other vessels or class of vessels follows : § 309.1 Findings. to which the Maritime Administration Standard-type vessel: Value finds that the provisions of said sections T 2-S E -A 1______$435,000 The Ship Valuation Committee, Mari­ would not be appropriate. Values for ves­ T3-S-A1 ______400, 000 time Administration^ has found that the sels excluded by this paragraph (b) shall (4) The values of the standard sub- values provided in this part constitute be specifically determined by the Mari­ just compensation for the vessels to types of war-built vessels listed in this time Administration and set forth in subparagraph (4) shall be determined as which they apply, computed in accord­ § 309.101, revised, as provided therein. ance with subsection 902(a) of the Mer­ follows : (c) Fuel, stores, and supplies. Values (i) If the subtype vessel is under U.S. chant Marine Act, 1936, as amended (46 for fuel, stores, and supplies shall be U.S.C. 1242), pursuant to section 1209(a), flag and has the lawful right to engage determined in accordance with §§ 309.201 & the coastwise trade of the United Merchant Marine Act, 1936, as amended through 309.204 (General Order 100, 29 (46 UJS.C. 1289(a)), and the authority States, by multiplying the basic value F.R. 2944, Mar. 4, 1964; 29 F.R. 3706, of the standard type vessel listed in sub- delegated to the Maritime Administrator Mar. 25,1964). by the Secretary of Commerce in section paragraph (1) of this paragraph by the 3 of (Commerce) Department Organiza­ Basic Values factor shown opposite the subtype in the table set forth in this subparagraph (4), tion Order 25-2A (formerly Department § 309.3 Vessels built during or after Order 117-A) 31 F.R. 8087, 35 F.R. 115, 1939. or and redelegated to the Ship Valuation (ii) If the subtype vessel is under the Committee. (a) Basic values. The values of ves­ U.S. flag but does not have the lawful sels built during or after 1939 shall be right to engage in the coastwise trade § 309.2 Scope. determined in accordance with this sec­ of the United States, by multiplying the (a) Vessels, included. (1) This parttion, subject to the applicable adjust­ basic value of the standard type vessel establishes values for self-propelled ments provided in § 309.5. listed in subparagraph (2) of this para­ oceangoing iron and steel vessels (other (b) War-built vessels. (1) The values graph by the factor shown opposite the than vessels excluded pursuant to para­ of the standard types of war-built ves­ subtype in the table set forth in this graph (b) of this section) for which war sels under U.S. flag listed in this sub- subparagraph (4), or risk insurance is provided by the Mari­ paragraph (1) which have the lawful (iii) If the subtype vessel is under time Administration pursuant to Title right to engage in the coastwise trade of foreign flag, by multiplying the basic value of the standard type vessel listed Xn, Merchant Marine Act, 1936, as the United States (which are the current in subparagraph (3) of this paragraph- amended (46 U.S.C. 1281-1294r. T he. domestic market values of such vessels by the factor shown opposite the subtype values established by §§ 309.1—309.101 as determined by the Ship Valuation in the table set forth in this subpara­ represent the maximum amounts for Committee) are as follows: graph (4).

FEDERAL REGISTER, VOL 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18950 RULES AND REGULATIONS

T able § 309.6 Definitions. tons or more shall be submitted on Form Subtype: _ Factor MA-510. 100 %—VC2-S-AP2 (a) Date vessel is built. The date a VC2-S-AP3 vessel is built is the date upon which the (c) Vessels under 1,500 gross tons. Ves­ C2-S-A1 80%—C2-S-B1 sel data for all vessels under 1,500 gross C2—S—AJ1 . 100 %—C2-S-B1 vessel is delivered by the shipbuilder. C2-S-AJ2 . 100%—C2-S-B1 (b) Deadweight tonnage. The dead­ tons shall be submitted on Form MA-511. C2—S—AJ3 . 100%—C2-S-B1 weight tonnage of a vessel means her (d) Modification to vessels. Revised C2-S-AJ5 . 100%—C2-S-B1 deadweight capacity established in ac­ vessel data shall be submitted on the ap­ C 2 ______88%—C2-S-B1 cordance with normal Summer Freeboard propriate form prescribed above when­ C2-S-E1 102 %—C2-S-B1 as assigned pursuant to the International ever a vessel undergoes a physical change C2-P ...... 100 %—C2-S-B1 Load Line Convention, 1966, and shall be which increases or decreases its value by C 2 -S _____ 92 %—C2-S-B1 five percent or more C 3 ______90 %—C3—S—A2 her capacity (in tons of 2,240 pounds) C3-S-A1 ICR) %—C3-S-A2 for cargo, fuel, fresh water, spare parts, V a l u e s f o r I n d iv id u al V e s s e l s . C3-S—A3 — 76 %—C3-S-A2 and stores, but exclusive of permanent C3—S—A4 106 %—C3-S-A2 ballast. § 309.101 Values effective July 1, 1970. C3-S-A5 106 %—C3-S-A2 (c) Speed of vessel. The speed of a - (a) Vessels covered by §§ 309.3 through C 3-E ___ 71 %—C3-S-A2 vessel means the speed determined in ac­ 309.5. (1) The Maritime Administration C 3 -M ____ 100 %— C3-S-A2 cordance with the formulae provided in has found that the values established in C3-S-BH1 . 100%—C3-S-A2 C3-S-BH2 . 100 %—C3-S-A2 Part 246 of this chapter (General Order accordance with §§ 309.3—309.5 consti­ ■C4-S-A4 100 %—C4-S-B5 43, 3d Rev.). tute just compensation for the vessel to T1-M-BT1 100 %—Tl-M -BT (d) Passenger vessel. A passenger ves­ which they apply, computed as provided T1-M-BT2 100 %—Tl-M -BT sel is a ship which carries more than 12 in sections 902(a) and 1209(a), Mer­ T2—SE—A2 . 108 %—T2-SE-A1 passengers. chant Marine Act, 1936, as amended; and (e) Vessel. The stated valuation of a pursuant thereto has determined the (c) Other vessels. The value of a ves­ values of the vessels covered by interim sel built during or after 1939 which is not vessel in this part applies to a vessel in Class A-l American Bureau of Shipping binders for war risk hull insurance, Form included in paragraph (b) of this sec­ MA-184, prescribed by Part 308 of this tion shall be the current domestic mar­ or equivalent, with all required certifi­ cates, including but not limited to marine chapter. ket value as determined by the Maritime (2) The interim binders listed below Administration. inspection certificates of the U.S. Coast Guard, Department of Transportation, shall be deemed to have been amended § 309.4 Vessels built prior to 1939. with all outstanding requirements and as of July 1, 1970, by inserting in the recommendations necessary for retention space provided therefor or in substitu­ The values of vessels built prior to 1939 tion for any value now appearing in such shall be specifically determined by the of class accomplished, without regard to any grace period; and so far as due dili­ space the stated valuation of the vessels Maritime Administration and set forth in set forth below for the binders and ves­ § 309.101. gence can make her so, tight, staunch, sels as designated. Such stated valuation strong, and well and sufficidhtly tackled, shall apply with respect to insurance at­ G e n e r a l P r o v is io n s appareled, furnished, and equipped, and in every respect seaworthy and in good taching during the period July 1,1970, to § 309.5 Adjustments for condition, running condition and repair, with clean December 31, 1970, inclusive: Provided, equipment and other considerations. however, That if there is a substantial swept holds and in all respect fit for serv­ change in market values during said The basic values provided in § 309.3 ice. A vessel in substandard condition is period, the Maritime Administration re­ shall be adjusted for individual vessels to subject to § 309.5(a). The stated valua­ serves the right to revise the values pro­ the extent provided in paragraphs (a) tion of a vessel provided in this part does vided for herein or determined pursuant to (c) of this section. not include vessel stores and supplies, hereto at any time during said period: (a) Adjustment for a vessel of sub­ which consist of (1) Consumable Stores, And provided further, That the Assured standard condition. If the Maritime Ad­ (2) Subsistence Stores, (3) Slop Chest, shall have the right within 60 days after ministration determined that a vessel is (4) Bar Stock, and (5) Fuel, as defined date of publication of these §§ 309.1— not in class or is in substandard condi­ in Maritime Administration Inventory 309.101 or within 60 days after the at­ tion for a vessel of her type or subtype Manual, Vessel Inventories, Part I, and tachment of the insurance under said and age, there will be subtracted from Maritime Administration Inventory binder, whichever is later, to reject such the basic value of such vessel, as deter­ Books Forms MA-4736, A through K, valuation and proceed as authorized by mined pursuant to § 309.3, the amount which will be valued, separately. section 1209(a)(2), Merchant Marine estimated by the Maritime Administra­ § 309.7 Modifications. Act, 1936, as amended. tion as the cost of. putting the vessel in The Maritime Administration reserves class or the amount estimated by the the right to exempt specific vessels from Stated Maritime Administration as the differ­ Binder Name of vessel Official valua- the scope of this part, or to amend, No. No. tion (In ence in value of the substandard vessel modify, or terminate the provisions thousands) and a vessel in standard condition. hereof. (b) Special equipment. For any special 870 Achilles______281702 $7,420 equipment of material utility in the han­ § 309.8 Vessel data forms. 1660 Adabelle Lykes...... 291609 3.340 2144 Afoundria...... 244018 1,540 dling of cargo or utilization of the vessel, (a) To accompany application for in­ 1426 African Com et...... 289281 3,965 not otherwise included in determining surance. Each application for war risk 720 African Crescent___ 250561 550 the basic value pursuant to § 309.3, if 1683 African Dawn______291781 4.110 hull insurance submitted in accordance 725 African Lightning...... 251451 550 the depreciated reproduction cost less with § 308.101 of this chapter (General 1558 African Mercury...... 290143 4.050 construction subsidy, if any, of all such 1608 African Meteor...... 289792 3,995 Order 75, 2d Rev., as amended) shall be 726 African Moon...... 251175 550 special equipment is in excess of $50,000, accompanied by information relating to 1607 . African N ep tu n e..------290485 4.050 an allowance in such amount as the the vessel for use by the Maritime Ad­ 730 African Planet...... - 249860 550 731 African Rainbow...... 250116 550 Maritime Administration shall determine ministration in determining the value 732 African Star...... 249351 550 to be the fair and reasonable value of pursuant to this part. The information 1656 African Sun...... 291026 4.110 1751 Aimee Lykes...... 292614 3.340 such equipment shall be added to the shall be submitted in duplicate on the 2501 Alaskan Mail...... - 517120 7,700 509957 1,275 basic value. applicable form prescribed in this sec­ 2452 Albany...... 3.340 tion, copies of which may be obtained 1828 Allison Lykes-----\ ...... 293817 (c) Government installations. The 1552 Alma Victory...... 248201 245 from the American War Risk Agency, 99 248696 550 370 Aimeria L ykes...... 650 values provided by §§ 309.1-309.101 shall John Street, New York, NY 10038, or the 352 Aloha S ta te ...... 243297 not include any allowance for any spe­ 2583 American Astronaut----- 520694 8,385 Chief, Division of Insurance, Maritime 1493 American Challenger---- 289669 4.050 cial installations or equipment to the Administration, Washington, DC 20235. 1618 American Champion.... 290524 4.050 1657 American Charger..------290089 4.050 extent that their cost was borne by the (b) Vessels of 1,500 gross tons or more. 291020 4.050 1652 American Chieftain------650 United States. Vessel data for all vessels of 1,500 gross 1972 American Condor------252347

FEDERAL REGISTER, VOL 35, NO. 242— TUESDAY, DECEMBER 15, 1970 RULES AND REGULATIONS 18951

Stated Stated Stated Binder Name of vessel Official valua­ tinder Name of vessel Official valua- Binder Name of vessel Official ' valúa- No. No. tion (in No. No. tion (in No. -N o. tion (in thousands) thousands) thousands)

1670 American Corsair...... 291629 $4,050 2227 Connecticut...... 277291 $6,045 962 F. S. Bryant______. . . 250827 $475 1605 American Courier______290225 4,060 2628 Constitution State___. . . 251847 550 685 Gaines Mill______244464 1,455 831 American Eagle...... 278327 5,665 712 Copper State...... 244137 550 948 Garden State...... 248057 245 1769 American Falcon...... 252624 650 2795 Coral G em ...... 248815 270 2589 Gateway C ity...... 251506 1,540 534 American Forester...... - 248074 270 1987 Cortez...... 245625 245 2421 Genevieve Lykes...... 513140 5,170 1791 American H aw k...... 243969 550 2468 Cortland. —...... 244878 270 384 Gibbes Lykes______245182 270 2446 American Lancer...... 514261 8,385 713 Cotton State______. . . 248440 245 428 Golden Bear______269028 2,725 2550 American Lark...... - 618444 ; 8,385 1305 Council Grove______. . . 247896 ’ 1,930 355 Gopher State______244979 550 2466 American Lesion______515155 8,385 2549 C. V. Lightning...... 518063 5,905 2073 Green Bay...... 248912 1,275 2485 American Liberty______516464 8,385 2490 C. V. Sea Witch...... 680644 6,905 2708 Green Cove______247268 270 2518 American Lynx______- 617450 8,385 2626 C. V. Staghound____ . . . 520743 5,905 2408 Green Forest...... 508061 1,310 2740 American Mail...... 621866 7,700 2705 David D. Irwin_____ . . . 242354 2,060 886 Green Harbour______247760 635 1688 American Oriole...... 252304 550 212 David Ei Day...... 248880 1,685 2710 Green Island...... 247079 635 2236 American Pride...... - 247252 245 2449 Da Gama.------. . . 249174 270 2036 Green Lake______248700 1,275 1924 American Racer..:...... 297001 5,120 221 Delaware Getty...... 267997 3,040 950 Green Mountain State... 247158 245 1989 American Ranger...... 298270 5,120 165 Delaware Sun...... 264853 3,100 2409 Green Port...... 510015 1,310 2039 American Reliance------299371 5,120 320 Del Mar...... 251452 335 2712 Green R idge...... 247322 650 1679 American Robin______242941 550 332 Del Norte...... 250953 335 2406 Green Springs...... 248701 1,310 1902 American Trader______244855 4,040 1225 Del Oro...... 286185 3,860 2713 Green Valley...... 247950 635 2285 Americo...... 246798 270 324 Del Rio______. . . 284680 3,860 2407 Green Wave...... 508060 1,310 1485 Amoco Connecticut____ 242851 1,435 327 Del Sol...... 285171 3,860 1863 Gulf Banker___•...... 295249 3,470 1488 Amoco Delaware______. 245058 1,445 328 Del Sud______. . . 251453 335 790 Gulfbear______247309 1,385 1768 Amoco Louisiana...... 244329 1,545 2500 Delta Argentina...... 512953 4,425 791 Gulfbeaver...... 243657 1,395 1484 Amoco New York...... 244801 500 2497 Delta Brasil______— 514758 4,425 792 Gulfcrest...... 279334 5,305 1486 Amoco Virginia...... 243518 1,545 2532 Delta Mexico...... 517540 4,425 793 Gulfdeer...... 245727 1,455 641 Amtank...... 247698 805 2498 Delta Paraguay...... 515910 4,425 1849 Gulf Farmer______294625 <470 2211 Andrew Jackson______247303 275 2499 Delta Uruguay...... 616600 4,425 794 Gulfjaguar______246972 1,455 2212 Antinous.______245979 275 329 Del VaHe...... 245373 270 795 Gulfking...... 275193 5,555 678 Arizona...... 266534 2,455 2215 De Soto...... 245398 275 796 Gulfknight...... 277183 5,805 2115 A rizpa...... 251507 1,540 376 Doctor Lykes______. . . 249063 550 797 Gulflion...... 246990 1,460 - 1444 Arizona Standard______243736 500 2330 Dolly Turman______. . . 508378 4,965 808 Gulflube:...... 254406 510 1716 Ashley Lykes______- 292191 3,340 2778 Eagle Charger...... 522864 JJ, 630 1952 Gulf Merchant...... 297329 3,630 232 Atlantic Communicator. 268196 3,365 700 Eagle Courier______. . . 277561 5,165 798 Gulfoil...... — ...... 283424 6,400 233 Atlantic Endeaver...... 277623 5,065 2698 Eagle Leader...... 520839 11,400 799 Gulfpanther...... 246543 1,440 234 Atlantic Engineer...... 261167 2,890 699 Eagle Transporter___ 277710 5,450 800 Gulfpride...... 279769 5,080 1004 Atlantic Enterprise____ 276911 5,010 697 Eagle T raveler...... 278442 6,045 801 Gulfprince...... 276034 5,680 1848 Atlantic Heritage______293299 11,040 698 Eagle Voyager...... 278624 6,075 802 Gulfqueen...... 275583 5,610 1006 Atlantic Navigator_____ 261423 2,915 167 Eastern Sun...... 270025 3,340 805 Gulfseal...... 247557 1,545 1560 Atlantic Prestige______289972 6,996 187 Eclipse...... 267144 2,810 811 Gulfservice...... 264224 1,080 2209 Atlantic Trader______248007 1,535 378 Elizabeth Lykes...... 247822 270 1903 Gulfshipper...... 296880 3,630 418 Attleboro Victory____ 247475 230 2086 Elizabeth Lykes____ . . . 200702 4,770 803 Gulfeolar______280233 5,140 1435 Austin...... 247455 2,025 1917 Elizabethport______. . . 297001 3,585 806 Gulfepray...... — 282848 5,330 2040 Australian Reef...... 244020 282 1623 Elwell...... 245837 270 1358 Gulfsupreme...... 287186 6,150 2631 Austral Patriot—...... 600639 6,120 705 Empire State...... 248212 270 804 Gulftiger...... 247767 1,480 2632 Austral P ilot...... 297353 5,120 2451 Ericson...... 249283 270 1888 Gulf Trader...... 296404 3,630 210 Avila...... 267181 1,160 830 Ema Elizabeth...... 280193 5,890 2779 Halcyon Panther...... 245922 245 2586 Azalea C it y ...... - 243436 1,640 2593 Esso Baltimore—...... 282272 8,775 2335 Halcyon Tiger...:...... 245474 245 707 Badger State...... 245136 270 2594 Esso Bangor..______. . . 264791 3,155 646 Hampton Roads...... 248748 805 980 Barbara...... 248079 1,955 2595 Esso Boston...... — 283784 8,935 2423 Hans Isbrandtsen ----- 277703 5,890 347 Barbara Jane...... - 278103 5,635 2596 Esso Chester...... 264445 2,880 412 Harry Culbreath...... 247824 270 708 Bayou State...... 254012 270 2597 Esso Dallas______. . . 259248 2,460 2577 Hastings ...... 246617 275 949 Bay State...... - 254130 270 2598 Esso Florence...... — 266855 3,070 1421 Hawaii...... -...... - 289119 4,375 1915 Beauregard—...... 251508 1,540 2599 Esso Gettysburg...... 273362 6,000 2643 Hawaiian...... 249353 2,165 2482 Bennington______242406 500 2600 Esso Gloucester_____ . . . 265336 2,975 2644 Hawaiian Builder ...... 247386 550 607 Bethflor...... 256034 1,600 2601 Esso Houston...... 297151 13,095 2645 Hawaiian Citizen...... 252149 2,915 608 Bethtex...... 255539 1,600 2602 Esso Huntington____ . . . 266329 3,275 2646 Hawaiian Farmer ___ 245860 550 419 Biddeford Victory______248433 230 2603 Esso Jamestown_____ . . . 275519 6,265 2648 Hawaiian Merchant 248845 550 2587 Bienville...... 243438 1,540 2610 Esso Lexington_____ . . . 276270 6; 380 2651 Hawaiian Rancher ----- 246204 550 710 Blue Grass State...... 253866 270 2604 Esso Lima______. . . 259142 2,445 2652 Hawaiian Refiner ---- 245594 650 1816 Bradford Island______247640 600 2611 Esso Miami______. . . 259357 2,500 1445 Hawaii Standard...... 248802 500 1490 Brazos______247683 3,125 2605 Esso Newark...... 264231 2,850 965 H. D . Collier...... 248737 500 1414 Briton Lykes...... 288699 3,340 2606 Esso New Orleans___ . . . 298216 13,355 873 H elm H ...... 245029 1,940 2558 Buckeye Atlantic______239271 550 2607 Esso New York_____ . . . 259610 2,500 634 Hess Bunker ______243804 1,890 2659 Buckeye Pacific...... 251767 550 2608 Esso Scranton...... 245830 500 638 Hess Petrol...... 244735 1,890 353 Buckeye State...... - 244577 550 1898 Esso Seattle...... 277935 5,590 1373 Hess Refiner ...... 248244 1,915 2567 Buckeye Victory...... 245244 245 2609 Esso Washington____ . . . 273896 6,085 639 Hess Trader...... 246104 1,870 1348 California...... 287232 4,375 354 Evergreen State_____ . . . 257827 550 1913 Hess V oyager...... 296863 10,620 425 California Bear...... 266977 2,455 ,842 Exbrook...... 249173 418 961 Hillyer Brown...... 266233 1,170 19 Californian...... - 243882 2,920 849 Exchester...... 248120 418 431 Hong Hong Bear_...... 264428 2,455 297 Californian...... — 249239 2,165 850 Executor______. . . 248747 418 2622 Hong Hong Mail...... 620932 7,700 1949 Calmar...... ^ ___ 294766 3,560 853 Exford...... 249454 418 706 Hoosier State...... 247762 950 1974 Canada Mail______297570 4,745 858 Expeditor...... 251971 418 176 H ouston...... 242636 2,105 2390 Canterbury Falcon...... 247590 270 860 Export Adventurer__ . . . 284024 3,160 2387 Houston...... 245542 3,735 1370 Cantigny...... 247452 2,000 861 Export Agent______. . . 283936 3,160 2306 Howell Lykes______607344 4,965 7 Carbide Seadrift...... 241861 1,700 862 Export Aide...... 284516 3,160 2542 Hudson...... 244463 1,070 8 Carbide Texas City____ 242532 1,700 863 Export Ambassador..... 283150 3,160 2472 Hurricane...... 257262 550 2735 Carrier D ove...... 252478 550 1296 Export Banner______. . . 286124 4,030 2578 Iberville...... 248489 275 596 Catawba Ford______245620 795 1354 Export Bay____ ...... 286965 4,030 2534 Idaho...... 618434 6,675 1600 C. E. Dant...... 290262 4,375 1372 Export Builder.___ __ 287381 <030 968 Idaho Standard______245461 500 1931 Chancellorsville______244460 1,890 1401 Export Buyer______288076 4,030 249 Diamna...... — 246848 196 373 1726 Export Challenger. __. . . 292227 4,230 677 Illinois...... 264957 2,455 Charles Lykes______248487 270 Export Champion.... 1753 Charlotte 'Lykes...... 292782 3,340 1771 __ 292669 4,275 432 India Bear______252568 270 2574 Chatham.. . .. 252493 270 1712 Export Commerce___ __ 291731 4,220 2526 Indian Mail------517717 7,700 243 Chena...... 242704 194 1601 Export Courier...... 289947 <135 1787 Inger...... 248011 2,715 697 Cherry V alley...... 242631 ' 500 864 Exporter...... 249062 418 387 James Lykes______280564 3,070 1408 China Bear . 288604 6,005 2726 Fairisle...... 245627 245 414 James McKay...... 247997 270 2575 2588 Fairland...... 242073 1,540 433 Japan Bear______270296 2,725 -Choctaw______242785 270 2216 . . . 249072 1788 Christopher Lykes_____ 293220 3,340 Fairport______275 1418 Japan Mail...... 287976 4,290 1813 Cities Service Baltimore. 271866 6,150 2457 Falmouth-______. . . 246897 270 1304 Jean Lykes______287103 3,215 1814 2576 Fan wood...... 252355 270 1285 J. E. Dyer...... 274440 6,170 Cities Service Miami___ 272077 4,885 153 Floridian...... 282733 1815 Cities Service N orfolk... 272839 4,980 970 2516 Jefl Davis...... 248742 550 2569 1469 Flying Clipper______. . . 252991 270 388 Jesse Lykes______247992 270 Citrus Packer___ =■_____ 247321 550 1480 Flying Cloud...... 247000 270 2214 City of Alma.«.------247592 275 970 J. H. Mac Garegill______248896 500 2410 Claiborne _ 1470 Flying Endeavor____ . . . 241026 248 973 J. H. Tuttle...... 242955 520 242378 270 1479 Flying Enterprise H_.__ 245734 270 2714 'olina...... 242775 600 967 J. L. Hanna______248531 500 2237 1474 Flying Fish...... — 241099 248 2579 John E. Waterman_____ 249234 275 Colorado..______245104 500 2265 Flying Foam...... __ 239905 550 2478 Colorado______615976 6,675 389 John Lykes______282772 3,079 2540 1471 Flying Hawk______. . . 240632 248 390 Joseph Lykes______281326 3,070 Columbia 247619 <900 584 Fort Fetterman_____ . . . 244935 1,540 2377 Columbia Banker 248842 245 586 Julesbmg______243523 1,635 2479 1211 Fort Hoskins______. . . 248735 1,955 415 Kenneth McKay______247581 270 Columbia Baron 245377 270 . 247 Fortuna...... 245880 180 2561 Columbia Beaver 252443 270 2624 Kentuckian______247095 635 2414 180 Fort Worth______. . . 247276 3,600 598 Keystoner______266730 1,210 Columbia Eagle 247080 245 498 Four Lakes______. . . 244971 1,615 2474 Columbia Tiger______252445 270 356 Keystone State..___ 247763 950 2682 1630 Fra Berlanga,...... 247102 610 Columbia Trader _ 247765 245 380 Frank Lykes______. . . 245540 , 270 599 Keytanker______265644 1,195 1997 Commander 245309 1,850 2300 Frederick Lykes____ . . . 506812 <965 600 Keytrader...... 267905 1,240

FEDERAL REGISTER, VOL 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18952 RULES AND REGULATIONS

Stated Stated Stated Binder Name of vessel Official valua­ Binder Name of vessel Official valua­ Binder Name of vessel Official valua­ No. No. tion (in No. No. tion (in No. No. tion (in thousands) thousands) thousands)

1996 Kings Point...... 239334 $495 268 Northwestern Victory... 247492 $245 2370 Santa Barbara...... 509186 $4,970 434 Korea Bear...... 269668 2,725 2460 Oceanic Tide------«. 244612 270 22% Santa Clara...... ^ 506249 4,970 2565 Korean Mail,...... - 518517 7,700 2614 Ogden Wabash_____.... 520728 11,400 2257 Santa Cruz...... 504681 4,970 2223 Kyska...... 248654 , , 275 2591 Ogden Willamette...... 518738 11,245 2314 Santa Elena...... 507696 4,970 2515 Lafayette...... 252476 550 1375 Oregon...... 287875 4,375 2287 Santa E liana...... 251812 550 2470 La Salle...... 257231 550 435 Oregon Bear...... 264497 2,455 899 Santa Fe...... 246602 220 13 Leland I. Doan...... 284217 7,850 1947 Oregon Mail...... 296779 4; 685 900 Santa Flavia...... 242762 - 270 1352 Leslie Lykes...... - 287416 3,215 971 Oregon Standard.______246773 500 2376 Santa Isabel...... 510570 4,970 2403 Letitia Lykes...... 512187 5,170 2465 Overseas A lice...... 514928 10,780 903 Santa Juana...... 242111 270 392 Lipscomb Lykes...... 248897 550 1827 Overseas Anna...... 266619 2,970 2155 Santa Lucia...... 502774 4,970 2374 Lom poc...... 248653 500 2506 Overseas Audrey...... 517186 10,985 . 1574 Santa Magdalena_____ . 290270 6,725 267 247077 245 2344 243503 1,765 211 . 263781 1,060 1918 Los Angeles...... 241153 ^3,585 2443 Overseas D aphne...... 243882 950 1756 Santa Maria______292838 6,725 393 Louise Lykes...... 247582 270 2112 Overseas Dinny...... 244215 270 1678 Santa Mariana...... 291811 6,295 2062 Louise Lykes...... 299938 4,770 2427 Overseas Eva______244049 550 1830 Santa Mercedes______. 293943 6,725 2023 Louisiana Brimstone----- 247757 5,100 931 Overseas Evelyn...... 249217 950 2286 Santa Regina...... 240348 495 226 Louisiana Getty...... 246173 3,270 1764 Overseas Explorer______297748 1,870 893 Santa Victoria______. 245130 220 367 Louisiana Sulphur_____ 242964 1,120 1 Overseas Joyce...... 284069 8,485 2355 Seafarer...... 506676 2,435 179 Lyons Creek...... 245450 735 2411 Overseas Natalie______245644 550 1970 Seamar...... 294729 3,560 2224 Madaket...... 246992 275 2352 Overseas Progress...... 244888 1,860 2304 Seatrain Carolina...... 246066 5,325 2089 Maiden Creek...... 248998 275 1905 Overseas Rebecca______281777 8,595 2291 Seatrain Delaware____ .. 245682 3,620 2233 Mallory Lykes...... 504077 4,770 785 Overseas Rose...... 245923 550 2309 Seatrain Florida_____ .. 503326 5,325 1356 Manhattan...... 287253 23,000 2444 Overseas Suzanne______248884 950 65 Seatrain Georgia_____ 262558 860 1809 Margaret Lykes...... 293555 3,340 2343 Overseas Traveler...... 289436 2,040 66 Seatrain Louisiana___ .. 262835 860 2284 Marine Chemical 244942 760 932 Overseas Ulla______280004 6,505 2346 Seatrain Maine...... 504714 5.325 Transporter. 2537 Overseas Vivian______518125 11,130 2329 Seatrain Maryland...... 245283 5.325 2087 Marine Clipper...... 248655 405 717 Palmetto State...... 247823 245 67 Seatrain New Jersey... .. 239688 435 15 Marine Dow Chem...... 267278 4,970 181 Pasadena.______248894 2,240 68 Seatrain New York__ .. 231905 255 1510 Marine Electric____ _ 245675. 1,990 1272 P. C. Spencer...... 264903 2,610 2305 Seatrain Puerto R ico.. .. 246095 5,325 2133 Marine Floridian...... 246836 5,240 2765 Peary______247468 2,030 2279 Seatrain San Juan...... 245622 3,620 1812 Marine Texan...... 247563 4,940 2121 Pecos.------243929 550 69 Seatrain Savannah___ .. 231916 255 92 Marine Transport.------247991 180 1592 Penn Carrier------246908 500 70 Seatrain Texas______.. 239549 435 93 Marine Victory...... 247680 1,125 339 Penn Challenger------280318 6,105 2357 Seatrain Washington... 245460 5,325 1513 Marjorie Lykes...... 289873 3,340 2745 Penn Champion...... 523341 11,685 1610 Sheldon Lykes______.. 290508 3,340 664 Maryland Trader...... 247178 1,555 1954 Pennmar------295108 3,560 1428 Shirley Lykes...... 289283 3,340 1940 Marymar...... 294730 3,560 1860 Penn Sailor...... 275391 1,455 2658 Sierra..------.. 247831 550 2260 Mason Lykes...... 505406 4,965 171 Pennsylvania Sun_____ 280202 8,625 2615 Silver Eagle______.. 246583 245 1789 Mayo Lykes...... 293224 3,340 1008 Penn Transporter...... 248437 1,070 2464 Silver Falcon...... 248065 230 1512 Meadowbrook------289879 2,040 581 Perry ville------244644 1,845 2786 Silver Robin______. . 245354 245 969 M. E. Lombardi...... 240228 255 1367 Philippine Bear...... 287683 5,005 1714 Sinclair Texas...... 291990 9,955 2543 Merrimac...... 245673 2,030 1419 Philippine Mail...... 288986 4,290 1266 Sister Katingo...... 277936 5,900 1634 Metapan______252158 540 2379 Pine Tree State...... 252346 550 2722 Socony Vacuum______. . 268801 3,230 2630 Michigan______521550 6,675 1653 Pioneer Commander___ 290905 4,050 982 Solon Turman...... 285889 3,215 587 Mill Spring...... 244468 1,595 1750 Pioneer Contender...... 292572 4,050 2659 Sonoma______. . 252413 550 2033 Missouri...... —...... 248885 1,480 1715 Pioneer Contractor...... 291968 4,050 357 Sooner State...... 247139 270 1530 M. M. D a n t...... 289547 4,375 562 Pioneer Cove...... 249748 270 2489 Spirit of Liberty...... 516521 10,935 188 Mobile Aero...... 278471 5,315 1774 Pioneer Crusader______292930 4,050 1016 Steel Admiral______. . 252403 550 1&9 Mobil Fuel______274588 4,835 1432 Pioneer Moon...... 289263 4,050 439 Steel Advocate______. . 246731 550 190 Mobilgas------271449 4,190 2122 Platte______i — 248133 2,035 440 Steel Age______.. 244161 550 2483 Mobilian...... 246388 550 1953 Point Sur...... 243263 500 441 Steel Apprentice...... 252498 550 191 Mobil Lube.'...... 275651 4,665 1999 P o rtm a r...... 294731 3,560 442 Steel Architect______. . 247168 550 2442 Mobil Meridian______286479 8,725 1505 Potomac...... 248800 1,780 443 Steel Artisan______. . 247833 550 192 Mobiloil______279064 5,385 1390 Prairie Grove______246660 2,105 444 Steel Chemist______252037 550 193 Mobil Pow er...... 274966 4,850 499 President Adams...... 266697 2,725 445 Steel Designer...... 247832 550 2405 Mohawk------248913 1,240 500 President Arthur.-..,---- 264704 2,725 446 Steel Director______. . 244978 550 2095 Mona Pass— ...... 2389 435 501 President Buchanan____ 226017 2,725 447 Steel Executive______. . 248843 550 2495 Montana______517617 6,675 503 President Coolidge------267733 2,725 448 Steel Fabricator...... 251781 550 2797 Monticello Victory_____ 286819 8,760 2447 President Fillmore...... 513860 5,850 449 Steel Flyer: »-______. . 244831 550 2798 Montpelier Victory...... 289745 10,010 505 President Garfield_____ 266092 2,725 450 Steel King...... 252499 550 2664 Mormacaltair______298129 4,690 2380 President Grant...... 511226 5,850 451 Steel Maker...... 247221 550 2667 Mormacargo.-...... 296216 4,690 521 President Harding...... 248275 583 452 Steel Navigator...... 248846 550 2665 Mormacbay...... 283541 3,755 2148 President Harrison.------502569 4,680 454 Steel Rover______252500 550 2666 Mormaccape...... 284185 3,830 509 President Hayes...... 264446 2,725 455 Steel Scientist...... *... . . 245730 650 2668 Mormaccove...... 286749 3,910 506 President Hoover...... 248424 583 456 Steel Seafarer__ ___r.. . . 248738 550 2669 Mormacdawn...... 250160 583 511 President Jackson...... 266060 2,725 457 Steel Surveyor______244968 550 2670 Mormacdraco------299008 4,690 514 President Lincoln...... 285311 5,305 458 Steel Traveler...... 247198 550 2671 Mormacelm______248393 245 517 President Madison...... 249683 583 459 Steel Vendor...... 246464 550 2672 Mormacfir...... 248650 245 2416 President McKinley...... 512593 5,850 460 Steel Voyager______. . 252501 550 2673 Mormacglen...... 285283 3,830 2113 President Monroe...... 501712 4" 680 461 Steel Worker...... 247834 550 2674 Mormacgulf.------249698 583 519 President Pierce...... 248619 583 402 Stella Lykes______. . 247504 270 2675 Mormacisle...... 249812 583 2084 President Polk...... 500484 .4,590 2248 Stella L yk es...... 504982 4,965 2676 Mormaclake...... 284802 3,830 2398 President Taft_____ 511653 5,850 403 Sue Lykes...... 248145 270 2677 Mormacland...... 250161 583 522 President Taylor. 266927 2,725 2431 Susquehanna______.. 248334 270 2678 Mormaclynx...... 296947 4,690 1208 President Tyler______286232 5,305 404 Sylvia Lykes...... 247841 270 2679 Mormacmail...... 250539 583 2359 President Van Buren___ 509581 5,850 2723 Syosset...... 247458 480 2681 Mormacpenn...... 250541 583 919 Producer______245888 1,940 1415 Tampico______246344 2,105 2682 Mormacpine...... 247477 245 • 228 Providence Getty___ ... 254689 125 255 Tatalina...... 247995 145 2683 Mormacpride...... 282295 3,720 2751 Prudential Öceahjet------504015 4,940 463 Texaco California...... 266910 1,515 2684 Morma'crigel...... 297384 4,690 2752 Prudential Seajet...... 502726 4,940 465 Texaco Connecticut__ 266501 1,620 2685 Mormacrio...... - 248745 550 2706 Pure Oil------248837 048 466 Texaco Florida...... 271820 1,670 2686 Mormacsaga...... 250540 583 1273 P. W. Thirtle______270179 3,040 1867 Texaco Georgia...... 293819 5,680 2687 Mormacscan...... 285890 3,830 2341 Rachel V______248785 245 469 Texaco Illinois...... 246993 1,870 2638 Mormacsea...... - 519102 8,300 2450 Raleigh______249291 270 471 Texaco Kansas...... 244230 1,775 2637 Mormacsky...... 521302 8,300 1869 Ranger...... 244598 270 473 Texaco Louisiana...... 245053 5OO 2736 Mormacstar...... 522650 8,300 2590 Raphael Semmes______242074 1,540 1823 Texaco Maryland...... 292735 5,555 2771 Mormacsun...... 524416 8,300 2164 Rappahannock______253226 270 1824 Texaco Massachusetts. . . 290306 5,360 2688 Mormactrade...... 287900 4,010 417 Reuben Tipton...... 247830 270 475 Texaco Minnesota...... 243202 2,085 2689 Mormacvega...... 296632 4,690 9 R. E. Wilson______244090 605 476 Texaco Mississippi...... 245082 2546 Morning L ight...... 240590 550 2690 Robin Goodfellow...... 247254 550 2028 Texaco Montana_____ . . 298918 6,325 2799 Mount Vernon V ictory.. 284178 8,395 • 2691 Robin Gray...... 252626 550 478 Texaco Nebraska_____ . . 242845 l f 825 2800 Mount Washington...... 293097 10,465 2692 Robin Hood______247255 . 550 480 Texaco New Jersey___ 245831 1,665 2430 Mystic Mariner...... 248143 270 2695 Robin Mowbray...... 255316 550 481 Texaco New York...... 265981 1,620 588 N aeco...... -...... 244063 1,115 2696 Robin Sherwood______240805 248 - 483 Texaco North Dakota. 265006 1,475 1243 Nancy Lykes...... 286650 3,215 2697 Robin Trent...... 254641 550 1873 Texaco Oklahoma____ 275882 5,685 648 Nashbulk__ ...... 247307 805 400 Ruth Lykes...... 247503 270 1899 Texaco Rhode Island.. 2%380 5,850 1758 National Defender_____ 279938 10,270 2162 Ruth Lykes...... 502928 4,770 1270 Texaco Wisconsin...... 277805 5,565 2034 Nbches...... 244235 500 2544 Sacramento...... 245497 1,835 489 Texaco W yom ing...... 243048 251 N enana...... 247015 180 2256 Sagamore Hill...... 252351 270 209 Texan...... 249352 1,105 1441 Nevada Standard...... 247758 500 2459 Salisbury...... 245245 270 174 Texas Sun...... 283897 9,110 421 Newberry Victory...... 248460 245 177 San Antonio...... 248716 3,380 2422 Thailand Bear...... 257213 650 169 New Jersey Sun______265748 3,015 1919 San Francisco______241220 3,585 2147 Thalia...... 248127 1,845 2038 New Yorker...... 283030 970 1920 San J u a n ...... 242653 3,558 497 The Cabins...... 246143 1,660 2278 267198 3,130 279627 7,180 New York Getty...... >891 Santa Adela...... 242243 270 925 Thetis...... 2,855 2527 Noonday...,...... 248844 550 2295 Santa Alicia...... 252747 550 2096 Thomas A_*______260954 399 249018 550 266338 2,680 Norman Lykes...... 2259 Santa Ana...... 252746 550 2412 Thomas M...... 3,070 2119 Northfleld...... 243253 1,815 2297 Santa Anita...... 252748 550 405 Thompson Lykes...... 283413

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 RULES AND REGULATIONS 18953 section 1209(a)(2), Merchant Marine Dated: December 8, 1970. Stated Binder Name of vessel Official valua­ Act, 1936, as amended. By order of the Maritime Adminis­ No. No. tion (In thousands) trator. Stated ames awson Binder Name of vessel Official valua­ J S. D , Jr., No. No. tion (in Secretary. 2517 Thunderbird...... 247092 $245 thousands) 602 Ticonderoga______. . 242244 550 [F.R. Doc. 70-16841; Filed, Dec. 14, 1970; 406 Tillie Lykes______248461 550 8:51 a.m.] 2222 Topa Topa------. . 247906 275 752 A. H. Dumont...... 239224 $79 231 Transeastem...... 279438 7,900 2486 Alison C___ I...... 513704 970 2391 Transerie______. . 245959 1,390 2469 Apache______. 513045 865 2252 Transhudson-...... 248910 500 1686 Atlantic...... =------. 262007 138 2301 Transhuron...... 506349 1,410 1198 Barge 133------20 2463 Transpanama...... 257381 2,235 2045 Betty Moran...... 293323 820 Title 7— AGRICULTURE 2338 Transsuperior------. . 508404 1,395 2480 Black Hawk______. 515015 865 1492 Trinity______. . 246600 3,435 2331 Borinquen...... 506497 420 2744 Trojan...... 247177 2,345 1153 Britton...... - 119 17 Chapter II— Food and Nutrition 590 Tullahoma...... 246662 1,850 2136 Cabo Rojo...... 297392 374 407 Tyson Lykes...... 248066 270 2137 Catano------. 298716 380 Service, Department of Agriculture 2437 U.S. Mate______. . 252492 270 2298 Elmorro______. 503562 392 2438 U.S. Navigator...... 248751 245 2132 E. Whitney Olson, Jr... . 298925 590 [Amdt. 3] 2439 U.S. Pilot______245016 270 2299 Fajardo...... - ...... -- . 503563 392 966 Utah Standard...... 251140 475 2044 Gale B ______-. 292748 820 PART 215— SPECIAL MILK 2270 Valley Forge------. . 505786 9,885 24 George S._ ------. 282206 85 2340 Vantage Progress...... 245623 274 764 George Whitlock II____ . 241390 90 PROGRAM FOR CHILDREN 2339 VantageVenture------. . 242676 480 1150 Habib______112 13 408 Velma Lykes...... 247584 270 1151 Home______... 115 14 Definitions 2354 Velma Lykes.------. . 509652 4,965 1554 Lewis No. 8______. 244276 64 2660 Ventura______. . 252633 550 1702 Mohawk______. 254469 433 Regulations for the operation of the 666 Virginia Trader------. . 244789 560 2350 New Haven______. 504920 392 1786 Walter Rice...... 248203 2,715 742 Ocean Prince______276461 335 Special Milk Program for Children (32 1398 Washington...... 288603 4,375 2065 Pacific Mariner...... 297090 590 F.R. 12587 as amended by 34 F.R. 807 437 Washington B e a r ...... 264252 2,455 2703 Perth Amboy No. 1___ 171776 160 1349 Washington Mail...... 287238 4,290 2704 Perth Amboy No. 2 .... _ 071686 160 and 35 F.R. 3900) are hereby further 974 Washington Standard.. 246203 500 1719 Ponce De Leon______. 244296 64 amended as follows: 667 Washington Trader---- .. 245566 560 744 Port Jefferson...... _ 274512 325 2640 Wellesley Victory___• . . 247564 245 1878 Puerto Nuevo______294841 368 In § 215.2, paragraph (o) is revised to 1779 Western Clipper..------. . 268288 3,085 1176 Qatif 7...... i ...... 54 read as follows: 1780 Western Comet...... 266365 2,950 1148 Sandy______114 14 1302 Western Hunter______. . 287156 . 11,020 2476 Seminole...... _ 514243 865 § 215.2 Definitions. 1781 Western Planet...... 268078 3,070 1263 Spartan______273515 370 175 Western Sun______. . 268798 3,250 2130 Starcrescent______. 284000 520 * * * * * 2225 Wild Ranger______.. 249518 270 1152 Swigart______118 15 410 William L ykes...... 247998 270 2552 Theresa F ______. . 516158 970 (o) “Needy Schools” means schools 224 Wilmington Getty...... 246557 3,280 763 W. A. Weber______251392 61 which, because of poor economic condi­ 1609 Windsor Victory_____ . . 247843 245 tions, are determined by a State agency, 1511 Wingless Victory_____ . . 247243 245 N o t e : The reporting requirements con­ 358 Wolverine State...... 248740 950 or FNSRO where applicable, to be in 2568 Wyoming______.. 519937 6,675 tained herein have been approved by the 2226 Yaka...... 246335 275 Bureau of the Budget in accordance with need of special assistance in order to 2098 Yellowstone...... 248883 1,480 the Federal Reports Act of 1942. serve milk without charge to needy chil­ 2030 Yorkmar...... 296261 ' 3,560 dren and which either (1) are partici­ 2545 Yukon...... 257115 2,280 Dated: December 9,1970. 411 Zoella L y k e s...... 282126 3,070 pating in the National School Lunch E. Scott D illon, Program and receiving special cash (b) Vessels of less than 1,500 gross Chairman, assistance from Federal funds at a re­ tons—As of July 1, 1970. (1) The Mari­ Ship Valuation Committee. imbursement rate in excess of 30 cents time Administration has determined for [F.R. Doc. 70-16718; Filed, Dec. 14, 1970; under Part 210 of this chapter or had certain vessels of less than 1,500 gross 8:45 a.m.] been determined to be in need of tons the values which constitute just special assistance under this Part by a State agency, or FNSRO where appli­ compensation for the vessels to which SUBCHAPTER H—TRAINING they apply, computed as provided in sec­ cable, prior to January 1, 1971; or (2) tions 902(a) and 1209(a), Merchant [General Order 97, Rev., Amdt. 8] have no other food service. Marine Act, 1936, as amended; and pur­ PART 310— MERCHANT MARINE * * * * * suant thereto has determined the values TRAINING Effective date. This amendment shall of vessels covered by interim binders for become effective January 1, 1971. war risk hull "insurance, Form MA-184, Subpart C— Admission and Training prescribed in Part 308 of this chapter. of Cadets of the U.S. Merchant Ma­ Approved: December 10, 1970. (2) The interim binders listed below rine Academy P h ilip C. Olsson, shall be deemed to have been amended Assistant to as of July 1, 1970, by inserting in the G eneral R equirements for E ligibility Assistant Secretary. space provided therefor or in substitu­ Effective December 1,. 1970, § 310.53, [F.R. Doc. 70-16772; Filed, Dec. 14, 1970" tion for any value now appearing in such Subpart C of this part is amended by 8:46 a.m.] space the stated valuation of the vessels changing paragraph (to) to read as set forth below for the binders and ves­ follows: sels as designated. Such stated valuation Chapter VII— Agricultural Stabiliza­ shall apply with respect to insurance at­ § 310.53 General requirements for eli­ taching during the period July 1, 1970, gibility. tion and Conservation Service to December 31, 1970, inclusive: Pro­ * * * * * (Agricultural Adjustment), Depart­ vided, however, That if there is a sub­ (b) Age. A candidate must be not less ment of Agriculture stantial change in market values during than 17 years of age and must not have SUBCHAPTER B—FARM MARKETING QUOTAS said period, the Maritime Administra­ passed his 22d birthday on July 1 of the . AND ACREAGE ALLOTMENTS tion reserves the right to revise the calendar year in which he seeks to be values provided for herein or determined appointed as a cadet. However, a waiver PART 722— COTTON pursuant hereto at any time during said period: And provided further, That the may be granted for veterans of the armed Subpart— 1971 Crop of Upland Assured shall have the right within 60 services on the basis of 1 month for Cotton; Base Acreage Allotments days after date of publication of this every month in the service up to age 24. The provisions of §§ 722.463 to 722.466 section or within 60 days after the at­ * * * * * are issued pursuant to the Agricultural tachment of the insurance under said (Sec. 204, 49 Stat. 1987, as amended; 46 binder, whichever is later, to reject such U.S.C. 1114) (sec. 216, 53 Stat. 1182, as Adjustment Act of 1938, as amended (7 valuation and proceed as authorized by amended; 46 U.S.C. 1126) U.S.C. 1281 et seq.) (referred to as the

FEDERAL REGISTER, VOL 35, NO. 242— TUESDAY, DECEMBER 15, 1970 No. 242------2 18954 RULES AND REGULATIONS “act”), with respect to the 1971 crop of lished shall be void as required by sub­ the farm acreage allotment during the upland cotton (referred to as “cotton”). sequent legislation contained in the 5 calendar years 1965, 1966, 1967, 1968, The purpose of these provisions is to (1) Agricultural Act of 1970. and 1969, adjusted for abnormal weather proclaim a national production goal; (2) § 722.464 National production goal for conditions or other natural disaster dur­ establish a national base acreage allot­ the 1971 crop o f cotton. ing such period. In making the appor­ ment; and (3) apportion the national tionment, no adjustments were made ex­ base acreage allotment to States. In ad­ (a) Statutory requirements. Section cept to the extent that the history for dition, the provisions of §§ 722.461 and 342a of the act provides that the amount Nevada was adjusted to reflect the total 722.462, published in the F ederal R eg­ of the national production goal for the acreage planted and regarded as planted ister of October 17, 1970 (35 F.R. 16312), 1971 crop of cotton (in terms of stand­ to cotton during the base period. Ac­ which proclaimed a national marketing ard bales of 480 pounds net weight) shall cordingly, the national base acreage quota and national acreage allotment be the number of bales of cotton equal allotment is apportioned to the States as under sections 342 and 344(a) of the act, to the estimated domestic consumption follows : are revoked in accordance with the re­ and estimated exports for the 1971-72 State Allotment quirements of section 601(1) of the Agri­ marketing year, which begins August 1, State (acres) cultural Act of 1970 (Public Law 91-524, 1971, plus an allowance of not less than A lab am a_____ 677,655 approved Nov. 30,1970). The latest avail­ 5 percent of such estimated consumption A rizo n a ______238,721 able statistics of the Federal Government and estimated exports for market ex­ Arkansas _____ 955,267 have been used in making determina­ pansion. Section 342a of the act further C aliforn ia____ 531,107 tions under these provisions. provides that the Secretary shall make Florida ______22,241 such adjustments in the amount of the G eo rg ia ______582,383 Section 342a of the act provides that Illinois ____ T. 2, 012 the Secretary shall proclaim a national production goal as he determines neces­ K an sas______8 cotton production goal for the 1971 crop sary after taking into consideration the Kentucky ____ 4,921 of cotton, and section 350(a) of the act estimated stocks of cotton in the United L o u isia n a ___ _ 400,494 provides that the Secretary shall estab­ States (including the qualities of such Mississippi ___ 1, 099, 845 lish a national base acreage allotment stocks) and stocks in foreign countries, Missouri _____ 256,996 which would ne available for the 1971-72 Nevada ______2,540 for the 1971 crop of cotton, not later New Mexico___ than November 15,1970. Such proclama­ marketing sear, to assure the mainte­ 123,780 nance of adequate but not excessive North Carolina. 312, 363 tion and announcement here contained O klahom a____ 534,823 is made after November 15, 1970, because carryover stocks in the United States South Carolina. 477,216 the Agricultural Act of 1970 was not (not less than 50 percent of the average T en n essee___ : 381,938 enacted as of November 15, 1970. It is offtake for the 3 preceding marketing Texas ______4, 884, 609 essential that §§ 722.463 to 722.466 be years) to provide a continuous and stable V irgin ia___ _ 11,081 made effective immediately. Accordingly, supply of the different qualities of cot­ it is hereby found and determined that ton needed in the United States and in U.S. Total 11,500,000 compliance with the notice, public pro­ foreign cotton-consuming countries and, Effective date: Date of filing this doc­ cedure and 30-day effective date require­ in addition, to provide an adequate re­ ument with the Director, Office of the ments of 5 U.S.C. 553 is impracticable serve for purposes of national security. Federal Register. and contrary to the public interest and (b) Proclamation of amount of 1971 §§ 722.463 to 722.466 shall be effective national production goal. The national Signed at Washington, D.C., on De­ upon filing this document with the Di­ production goal for the 1971 crop of cember 10,1970. rector, Office of the Federal Register. cotton is hereby proclaimed to be in the J.,P h il Campbell, amount of 11,993,500 standard bales of Sec. Acting Secretary. 722.463 Revocation of prior proclamation. cotton, determined under section 342a [F.R. Doc. 70-16863; Filed, Dec. 11, 1970; 722.464 National production goal for the of the act, based on the following data: 2:09 p.m.] 1971 crop of cotton. Running Bales 722.465 National base acreage allotm ent for (1) Estimated domestic consump­ the 1971 crop of Litton. tion, 1971-72 marketing year— 8, 000,000 Chapter IX— Consumer and Marketing 722.466 Apportionment of national base (2) Estimated exports, 1971-72 Service (Marketing Agreements and acreage allotment to the States. marketing year___ P------3,300,000 (3) Allowance for market expan­ Orders; Fruits, Vegetables, Nuts), Au th o rity : The provisions of this subpart issued under secs. 301, 342a, 350, 52 Stat. 38, sion (5 percent of sum of (1) Department of Agriculture as amended, 84 Stat. 1358; 7 U.S.C. 1301, and ( 2 ) ) ------565,000 (4) Adjustments to assure ade­ [Navel Orange Reg. 215, Arndt. T] 1342a, 1350. quate stocks______------128, 500 PART 907 — NAVEL ORANGES § 722.463 Revocation of prior procla­ mation. Total ...... 11,993,500 GROWN IN ARIZONA AND DESIG­ NATED PART OF CALIFORNIA A national marketing quota and a (5) Estimated carryover stocks in national acreage allotment for the 1971 the United States on July 31, Limitation of Handling crop of cotton was proclaimed on Octo­ 1972 _1,______5,300,000 ber 15, 1970, as required by sections 342 (6) 50 percent of the average off­ (a) Findings. (1) Pursuant to the and 344(a) of the act which was in effect take for the preceding 3 mar­ marketing agreement, as amended, and and applicable to the 1971 crop of cot­ keting years (1968, 1969 and Order No. 907, as amended (7 CFR Part ton on October 15, 1970. Such proclama­ estimated 1970)______— 5,428,500 907, 35 F.R. 16359), regulating the han­ tion was published in the F ederal R eg­ § 722.465 National base acreage allot­ dling of navel oranges grown in Arizona ister of October 17, 1970.(35 F .R . 16312) ment for the 1971 crop of cotton. and designated part of California, effec­ under Title 7, Chapter VII, Subchapter tive under the applicable provisions of The national base acreage allotment the Agricultural Marketing Agreement B, Part 722, as Subpart—1971 crop of for the 1971 crop of cotton shall be 11,- upland cotton; acreage allotments and Act of 1937, as amended (7 U.S.C. 601- 500,000 acres, as required under section 674), and upon the basis of the recom­ marketing quotas, consisting of §§ 722.- 350(a) of the act. 461 and 722.462. Section 601(1) of the mendations and information submitted Agricultural Act of 1970 provides that § 722.466 Apportionment of national by the Navel Orange Administrative sections 342 and 344 of the act shall not base acreage allotment to the States. Committee, established under the said, be applicable to the 1971 crop of cotton. Section 350(b) of the act prescribes amended marketing agreement and Accordingly, the above-cited Subpart— that the national base acreage allotment order, and upon other available informa­ 1971 crop of upland cotton; acreage al­ of 11,500,000 acres shall be apportioned tion, it is hereby found that the limita­ lotments and marketing quotas, consist­ to the States on the basis of the acreage tion of handling of such navel oranges, ing of §§722.461 and 722.462 is hereby planted (including acreage regarded as as hereinafter provided, will tend to revoked, and the proclamation so pub­ having been planted) to cotton within effectuate the declared policy of the act.

FEDERAL REGISTER, VOL 35, NO. 242— TUESDAY, DECEMBER 15, 1970 RULES AND REGULATIONS 18955 (2) It is hereby further found that it (b) Rate of assessment. The rate oflieves restrictions on the handling of jis impracticable and contrary to the assessment for said period, payable by production area onions. public interest to give preliminary notice, each handler in accordance with § 910.41, Regulation as amended. In § 958.315 engage in public rule-making procedure, is fixed at $0.021 per carton of lemons. (35 F.R. 11165, 12529, 14437) subpara­ and postpone the effective date of this It is hereby further found that good graph (1) of paragraph (a) is hereby amendment until 30 days after publica­ cause exists for not postponing the ef­ amended to change the minimum sizes tion thereof in the F ederal R egister (5 fective date hereof until 30 days after for yellow varieties as follows: U.S.C. 553) because the time intervening publication in the F ederal R egister (5 between the date when information upon U.S.C. 553) in that (1) shipments of the §958.315 Limitation of shipments. which this amendment is based became current crop of lemons grown in the des­ (a) Grade, size, and pack require­ available and the time when this amend­ ignated production area are now being ments—(1) Yellow varieties. U.S. No. ment must become effective in order to made; (2) the relevant provisions of said 1 or better grade, 2J4 inches minimum effectuate the declared policy of the act marketing agreement and this part re­ diameter; or U.S. No. 1 or better grade, is insufficient, and this amendment quire that the rate of assessment herein iy2 inches minimum to 2% inches maxi­ relieves restriction on the handling of fixed shall be applicable to all assessable mum diameter, if packed separately; or navel oranges grown in Arizona and lemons handled during the aforesaid pe­ U.S. No. 2 grade, 3 inches minimum designated part of California. riod, and (3) such period began on No­ diameter, if not more than 30 percent of (b) Order, as amended. The provisions vember 1, 1970, and said rate of assess­ the lot is comprised of onions of U.S. in paragraph (b)(1) (i) and (iii) of ment will automatically apply to all such No. 1 quality. § 907.515 (Navel Orange Regulation 215, lemons beginning with such date. $ $ $ $ $ 35 F.R. 18385) are hereby amended to (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. read as follows: 601-674) 601-674) § 907.515 Navel Orange Regulation 215. Dated: December 10,1970. Effective date. Issued December 10, ***** 1970, to become effective December 16, P aul A. Nicholson, (b) Order. (1) * * * 1970. Deputy Director, Fruit and Veg­ P aul A. Nicholson, (i) District 1: 1,170,000 cartons; etable Division, Consumer and Deputy Director, Fruit and Veg­ $ $ $ $ $ Marketing Service. etable Division, Consumer and [F.R. Doc. 70-16821; Filed, Dec. 14, 1970; Marketing Service. (iii) District 3: 130,000 cartons. 8:51 a.m.] ***** [F.R. Doc. 70-16770; Filed, Dec. 14, 1970; 8:46 a.m.] (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) [Arndt. 3] ***** PART 958— ONIONS GROWN IN CER­ [Amdt. 3] Dated: December 10, 1970. TAIN DESIGNATED COUNTIES IN PART 980— VEGETABLES; IMPORT P aul A. Nicholson, IDAHO AND MALHEUR COUNTY, REGULATIONS Deputy Director, Fruit and Veg­ OREGON etable Division, Consumer and Onions Marketing Service. Limitation of Shipments Pursuant to the requirements of Sec­ [F.R. Doc. 70-16820; Filed, Dec. 14, 1970; Findings, (a) Pursuant to Marketing tion 8e-l of the Agricultural Marketing 8:51 a.m.] Agreement No. 130 and Order No. 958, Agreement Act of 1937, as amended (7 both as amended (7 CFR Part 958), reg­ U.S.C. 608e-l), Onion Import Regula­ ulating the handling of onions grown tion, § 980.109, is hereby amended to con­ PART 910—-LEMONS GROWN IN in the production area defined therein, form to a simultaneous amendment to CALIFORNIA AND ARIZONA effective under the Agricultural Market­ the regulation in effect for domestic ing Agreement Act of 1937, as amended shipments of onions under Marketing Expenses and Rate of Assessment (7 U.S.C. 601 et seq.), and upon the basis Order No. 958, as amended (7 CFR Part of the recommendation and information 958) regulating the handling of onions On November 28, 1970, notice of pro­ submitted by the Idaho-Eastern Oregon grown in the Idaho-Eastern Oregon posed rule making was published in the Onion Committee, established pursuant production area, as set forth below. This Federal R egister (35 F.R. 18200) regard­ to said marketing agreement and order, regulation is subject to further amend­ ing the proposed expenses and the pro­ and other available information, it is ment in accordance with domestic posed rate of assessment for the period hereby found that the amendment to the regulations. November 1, 1970, through October 31, limitation of shipments hereinafter set 1971, pursuant to the marketing agree­ Onion import regulation, as amended. forth will tend to effectuate the declared In § 980.109 (35 F.R. 11225, 12530, 14539) ment, as amended, and Order No. 910, as policy of the act. amended (7 CFR Part 910), regulating subparagraph (1) of paragraph (a) is the handling of lemons grown in the (b) It is hereby found that it is im- hereby amended to change the minimum practicble and contrary to the public diameter for yellow varieties to iy2 States of California and Arizona. This interest to give preliminary notice, or inches from 2% inches, so that it will regulatory program is effective under the engage in public rule making procedure, read as follows: Agricultural Marketing Agreement Act and that good cause exists for not post­ of 1937, as amended (7 U.S.C. 601-674). poning the effective date of this amend­ § 980.109 Onion import regulation. After consideration of all relevant mat­ * * * * * ters presented, including the proposals ment until 30 days after publication in the F ederal R egister (5 U.S.C. 553) in (a) Minimum grade and size require­ set forth in such notice which were sub­ that (1) the time intervening between ments—(1) Yellow varieties—(i) mitted by the Lemon Administrative the date of the committee’s recommenda­ Grade. U.S. No. 2 or better grade. Committee (established pursuant to said tion and the date when this amendment (ii) Size. 1l/2 inches minimum diam­ marketing agreement and order), it is should become effective in order to ef­ hereby found and determined that: eter. fectuate the declared policy of the act is $ $ $ * $ § 910.208 Expenses and rate of assess­ insufficient, (2) compliance with this ment. amendment will not require any special Findings. It is hereby found that it is (a) Expenses. Expenses that are preparation by handlers which cannot impractical and unnecessary to give sonable and necessary to be incurr< be completed by the effective date, (3) preliminary notice or engage in public the Lemon Administrative Comn information regarding the committee’s rule making procedure, and that good during the period November 1, recommendation was made available to cause exists for not postponing the effec­ through October 31,1971, will amou producers and handlers in the produc­ tive date of this amendment until 30 $252,000. tion area, and (4) this amendment re­ days after publication in the F ederal

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18956 RULES ANO REGULATIONS

R egister (5 U.S.C. 553) in that (1) the other than an eligible country as milled lash bill of lading or substitute lash ves­ requirements of section 608e-l of the rice or brown rice (including milled rice sel. The shipper’s export declaration or act make this amendment mandatory, produced from exported brown rice), or the statement from the agent of the ves­ (2) compliance with this amendment will if the rice (including milled rice pro­ sel must be furnished within a 60-day not require any special preparation by duced from exported brown rice) is re­ period beginning on the date of the on­ importers which cannot be completed by entered into the United States or Puerto board lash bill of lading unless otherwise the effective date, and (3) the Rico, he shall be liable to CCC as provided approved in writing by CCC. amendment relieves restrictions. in § 1481.115(d). (c) Official weight certificates. (1) Ex­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. § 1481.115 [Amended] cept as otherwise provided in this para­ 601-674) graph (c), for rice exported in bulk by 4. In § 1481.115, paragraph (d) is ocean vessel or lash barge, a copy of an Dated December 10, 1970, to become amended by deleting the words “in any effective December 16,1970. official weight certificate issued on the form or product,” wherever they appear, basis of weights obtained at the time of P aul A. N icholson, and substituting therefor in the first sen­ loading the rice to the ocean vessel or Deputy Director, Fruit and tence thereof the words “as milled rice lash barge showing (i) the weight of Vegetable Division, Consumer or as brown rice (including milled rice the rice, (ii) date and place of issuance, and Marketing Service. produced from exported brown rice) ” and (iii) identification of the ocean vessel by deleting the entire second sentence. [F.R. Doc. 70-16822; Filed, Dec. 14, 1970; or lash barge, and (iv) description of 8:51 a.m.] § 1481.132 [Amended] the hold or tank of the ocean vessel or 5. In § 1481.132, paragraph (c) is the lash barge in which the rice was amended by substituting for the words stowed. Chapter XIV— Commodity Credit Cor­ “in any form or product into the United (2) For an export of bulk rice which poration, Department of Agriculture States or Puerto Rico of rice” the words was transferred directly from a railcar or “into the United States or Puerto Rico truck to an ocean vessel or lash barge, SUBCHAPTER C— EXPORT PROGRAMS of milled rice or brown rice (including a copy of an official weight certificate is­ 1 [Arndt. 1] milled rice produced from exported sued on the basis of heavy and light brown rice).” weights of the railcar or truck obtained PART 1481— RICE at the place of export showing (i) the Subpart— Rice Export Program § 1481.136 [Amended] heavy and light weights of the railcar (GR—369) Revision IV 6. In § 1481.136, paragraph (b) is or truck, or the net weight of the ricé, amended by adding after the words (ii) the date and place of issuance, and M iscellaneous A mendments “prior to” the words “filing the notice (iii) identification of the railcar or truck, The terms and conditions of the Rice of.” may be furnished in lieu of the certificate Export Program (GR-369) Revision IV 7. In § 1481.138, the second sentence of required in subparagraph (1) of this (35 F.R. 7880 and 35 P.R. 8472) are paragraphrfA) (1) is amended to read as paragraph. The exporter must also fur­ follows: nish an acceptable statement from an in­ hereby amended as follows: spector that the inspector witnessed the 1. In § 1481.105, paragraph (k) is § 1481.138 Contract amendments. amended by adding the following transfer of the rice from the railcar or sentence: (a) (1) * ? * The exporter shall not truck to the ocean vessel or lash barge. export, transship or cause the rice (in­ The statement must identify each rail- §1481.105 Definition of terms. cluding milled rice produced from ex­ car or truck. * * * * * ported brown rice) to be transshipped * * * . * * (k) * * * Export carrier also means to any other country without the written (e) Official inspection certificates. (1) a lash barge loaded with rice for which approval of CCC. For rice exported in bags, bales, or cases, a through on-board bill of lading is issued ***** a copy of an official inspection certificate for shipment to an eligible country and § 1481.139 [Amended] showing (i) the information necessary the loaded lash barge is subsequently to determine the export payment per lifted aboard an ocean vessel. The ex­ 8. In § 1481.139, paragraph (f) is hundredweight under the applicable pro­ culpatory provisions of paragraph (h) of amended by substituting for the words visions of § 1481.102(d) and (ii) the this section and § 1481.115(d) shall apply “in any form or product,” wherever they quantity of rice to which the certificate to any rice lost, damaged, or destroyed appear, the words “as milled rice or as relates. * * * after loading aboard the lash barge to brown rice (including milled rice pro­ (2) Except as provided in subpara­ the same extent as loading aboard an duced from exported brown rice) graph (3) of this paragraph, for milled ocean going vessel. 9. In § 1481.153, paragraph (a) (2) (i) rice or brown rice exported in bulk by * ♦ * * * is revised, paragraph (b) is amended by ocean vessel or lash barge, a copy of an the addition of two new sentences, para­ § 1481.112 [Amended] official inspection certificate issued on graph (c) (1) and (2) are revised, para­ the basis of an inspection made at the 2. In § 1481.112, paragraph (b) is graph (d) (2) is amended by deleting time and place of loading the rice to the amended by substituting for the words the second sentence, and paragraph (e) ocean vessel or lash barge showing (i) “in any form or product into the United is amended to change the first sentences the information necessary to determine States or Puerto Rico of rice previously of subparagraphs (1) and (4) and all of the export payment per hundredweight exported by him,” the words “into the subparagraphs (2) and (3), to read as under the applicable provisions of United States or Puerto Rico of milled follows: § 1481.102(d), (ii) the quantity of rice to rice or brown rice (including milled rice which the certificate relates, (iii) date produced from exported brown rice) § 1481.153 Evidence o f export. * * * * * and place of issuance and (iv) identifica­ previously exported by him.” tion of the ocean vessel or lash barge. 3. In § 1481.113, paragraph (d) is (a) Bills of lading. * * * amended to read as follows: (3) For milled rice or brown rice ex­ ( 2) * * * ported in bulk, bags, bales, or cases in § 1481.113 Rice exported prior to sub­ (i) The identification of the oceanmarine-type containerized vans by ocean mission of offer acceptable to CCC. vessel or the lash barge, vessel, a copy of an official inspection * * * * * ***** certificate issued on the basis of an in­ (d) The submission of Form CCC-409, (b) * * * If export is by lash barge, spection made at the port of export or “Application for Rice Export Payment,” an authenticated copy of the applicable at the time of loading the rice for ship­ for an export payment on rice exported shipper’s export declaration or an ac­ ment to port showing (i) the information prior to submission of an offer consti­ ceptable statement from the vessel’s necessary to determine the export pay­ tutes the exporter’s agreement that if agent showing the lash barge was loaded ment per hundredweight under the ap­ the rice is exported or transshipped to to the lash vessel named in the on-board plicable provisions of § 1481.102(d), (ii)

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 RULES AND REGULATIONS 18957

the quantity of rice to which the cer­ tains the right to, or an option on, such ber banks from counting as part of their tificate relates, (iii) date and place of coins. required reserves any coin they hold issuance, (iv) identification of the van, (c) When a member bank acquires principally for its bullion or numismatic (v) the seal numbers of the van and (vi) currency or coin that it has the full and value (Federal R egister of June 9, 1970, a statement by the inspector or an in­ unrestricted right to use at any time 35 F.R. 8892). That proposal is with­ dependent party (port authorities, agent to meet depositors’ claims, such currency drawn. of the vessel, etc.) that he witnessed or coin may be counted as reserves for By order of the Board of Governors, the loading of the rice to the van and purposes of satisfying the bank’s re­ December 8, 1970. the sealing of the van. serve requirements. The fact that a (4) For milled rice or brown rice ex­bank may choose to segregate part of [seal] _ K enneth A. K enyon, ported in bulk by railcar or truck, a copy such currency or coin does not of itself Deputy Secretary. of an official inspection certificate show­ disqualify the currency or coin from [F.R. Doc. 70-16775; Filed, Dec. 14, 1970; ing (i) the information necessary to de­ counting as reserves. 8:47 a.m.] termine the export payment per hundred­ (d) A bank does not have “the full weight under the applicable provisions of and unrestricted right” within the mean­ § 1481.102(d), (ii) the quantity of rice ing of the preceding paragraph if the [No. 70-496] to which the certificate relates, (iii) date bank is prevented, legally or practically, Chapter V— Federal Home Loan Bank and place of issuance and (iv) identifica­ by virtue of customer agreements, under­ Board tion of the railcar or truck. * * * takings, or arrangements, from using the ***** currency or coin at any time to meet SUBCHAPTER C—FEDERAL SAVINGS AND LOAN SYSTEM (Sec. 5, 62 Stat. 1072, sec. 407, 63 Stat. 1055, customer’s demands. Such customer as amended, sec. 201(a), 70 Stat. 188; 15 agreements, undertakings, or arrange­ PART 545— OPERATIONS U.S.C. 714c, 7 U.S.C. 1427, 1851) ments may relate to the specific currency Purchase of GNMA-Guaranteed Effective date. This amendment shall or coins transferred to the bank or to become effective on the date of its pub­ currency or coin that the bank is or Securities lication in the F ederal R egister. may be obligated to acquire to re­ place the specific currency or coins so December 8, 1970. Signed at Washington, D.C., on De­ transferred. Resolved that the Federal Home Loan cember 4,1970. (e) Examples of agreements, under­ Bank Board considers it advisable to Clifford G. P ulvermacher, takings, or arrangements between a bank amend § 545.9 of the rules and régula-, Vice President, Commodity and its customer that have come to the tions for the Federal Savings and Loan Credit Corporation, and Gen­ Board’s attention under which the bank System (12 CFR 545.9) for the purpose eral Sales Manager, Export does not have the full and unrestricted of authorizing Federal savings and loan Marketing Service. right to use silver coins at any time to associations to purchase securities guar­ meet customers’ demands are: anteed by the Government National [F.R. Doc. 70-16819; Filed, Dec. 14, 1970; (1) The bank holds the coins sub­ Mortgage Association pursuant to sec­ 8:50 a.m.] ject to a repurchase agreement or an tion 306(g) of the National Housing Act, option by the customer or his assignee as amended. Accordingly, the Federal (a borrowing by the bank of the coins). Home Loan Bank Board hereby amends (2) Coins are deposited by the cus­ such | 545.9 by adding a new paragraph Title 12— BANKS AND BANKING tomer and the bank promises to resell to (c), immediately after paragraph (b) Chapter II— Federal Reserve System the customer a similar amount of coins thereof, and by redesignating the suc­ (in effect a borrowing by the bank of ceeding two paragraphs, to read as fol­ SUBCHAPTER A— BOARD OF GOVERNORS OF the coins). lows, effective December 15, 1970: THE FEDERAL RESERVE SYSTEM (3) The coins deposited by the cus­ [Reg. D] tomer are to be segregated and returned § 545.9 Securities and other investments. to the customer upon his request or after A Federal association may invest in PART 204— RESERVES OF MEMBER a certain period of time (a bailment). the following: BANKS (4) The bank issues a certificate of * * * * ♦ Currency and Coin deposit, the consideration for which is (c) Any securities guaranteed by the coins, and the bank simultaneously Government National Mortgage Associa­ 1. Effective January 7, 1971, § 204.116 enters into an agreement to redeem the is added to read as follows: tion pursuant to section 306(g) of the certificate by payment of the coins, either National Housing Act, as amended; § 204.116 Currency or coin held prin­ the identical coins deposited by the cus­ (d) Any general obligations (without cipally for its numismatic or bullion tomer or similar coins (a special deposit). regard to investment-service rating) of value. (5) Coins are transferred to the bank any political subdivision of a State (in­ (a) The Board of Governors has con­ as collateral for a loan. cluding the District of Columbia, the sidered the status under Regulation D (f) An agreement between the bank Commonwealth of Puerto Rico, and the for purposes of reserve computations of and its customer that the currency or possessions of the United States) if the currency and coins held by member coin is to be regarded as “owned” by the association.^ home office or a branch banks principally for their numismatic bank for purposes of reserve require­ office is located in such political sub­ or bullion value. ments is not determinative. Whether division: Provided, That investments in (b) It appears that a number of banks currency or coin may be counted as such obligations may not be made in an have been counting as part of their re­ reserves depends pn the underlying aggregate amount exceeding 1 percent serve requirements silver coins which the nature of the transaction in the light of of the association’s assets; and banks have acquired and segregated from the principle and examples set forth (e) The stock of a Federal Home Loan coins available to meet customers’ de­ herein. Bank or the Federal National Mortgage mands. In some cases, the coins are (g) This interpretation is not intended Association. held by the bank for its own account to affect the legality of agreements, Resolved further that, since affording with the expectation of earning a pre­ undertakings, or arrangements between notice and public procedure on the above mium over face value because of the the bank and its customers regarding amendment would delay it from becom­ greater numismatic or bullion value of currency or coin. ing effective for a period of time and the coins. In other cases, the coins are since it is in the public interest that such (Interprets and applies 12 U.S.C. 461.) amendment become effective as soon as held by the bank for the account of 2. On June 3, 1970, the Board pub­ possible, the Board hereby finds that its customers, under a written or oral lished for comment a proposed amend­ notice and public procedure thereon are agreement, whereby the customer re- ment to Regulation D to prevent mem- contrary to the public interest under the

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18958 RULES AND REGULATIONS provisions of 12 CFR 508.11 and 5 U.S.C. rules in compliance with the National said in the Udall case, the Commission 553(b); and, for the same reason, the Environmental Policy Act. Most of the must satisfy the test that , the proposed Board finds that publication of such critical comments were directed at project is in the public interest. “And amendment for the 30-day period speci­ various details of the procedural steps that determination can be made only fied in 12 CFR 508.14 and 5 U.S.C. 553(d) we proposed, such as, for example, the after an exploration of all issues relevant prior to the effective date thereof is con­ timing of filing environmental state­ to the ‘public interest’ * * *” 387 U.S. at trary to the public interest; and the ments and responses thereto and the 450. We believe these rules will enable us Board hereby provides that such amend­ proper distribution of statements and to explore all such relevant issues. ment shall become effective as comments filed with the Commission. A The Commission fully recognizes and hereinbefore set forth. number of the comments were adopted. accepts its' responsibilities under the (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. However, no beneficial purpose would comprehensive planning mandate of sec­ 1464; Reorg. Plan No. 3 of 1947, 12 P.R. 4981, be served, by a complete enumeration tion 10(a) of the Federal Power Act, 16 3 CFR, 1943-1948 Comp., p. 1071) of the comments received and the action U.S.C. 803(a), and the standards of sec­ By the Federal Home Loan Bank taken in response to them. tion 102(2) (C) of the National Environ­ Board. Comments dealing with the basic sub­ mental Policy Act, 83 Stat. 853. The reg­ stantive principles of the proposed rules ulations we are adopting in this proceed­ [ seal] J ack Carter, and requests for significant changes ing in no way diminish the burden placed Secretary. were filed in some cases. We do believe on the Commission by those statutory [F.R. Doc. 70-16824; Filed, Dec. 14, 1970; these points deserve special discussion. provisions. Nor do these regulations in 8:51 a.m.] The environmental criteria to be any way nullify the Commission’s obliga­ evaluated in the preparation of detailed tion to render decisions based on the environmental statements as prescribed fullest possible evaluation of all perti­ in section 102(2) (C) of the National nent information. They also do not ne­ Title 1 8 — CONSERVATION OF Environmental Policy Act, 83 Stat. 852, gate our duty and that of our staff to take 853, have been repeated in §§2.80 and all reasonable and relevant efforts to POWER AND WATER RESOURCES 157.14(a) of the rules we are adopting insure that our decisions are based on today. Since these are the specific criteria a complete record. Rather, the regula­ Chapter I— Federal Power tions adopted today help assure that all we are required to evaluate in the prepa­ practicable avenues of information and Commission ration of detailed environmental state­ evidence will be explored and developed [Docket No. R-398; Order 415] ments to accompany our major actions prior to our determination of the merits having environmental significance we of cases falling within the purview of IMPLEMENTATION OF NATIONAL believe it is proper to require applicants these regulations. ENVIRONMENTAL POLICY ACT and environmental interveners in Com­ mission proceedings to address them­ In order to correct the misunderstand­ D ecember 4,1970. selves to these same considerations. We ing of some who submitted comments, On September 17, 1970, the Commis­ have, however, in response to some of the we have clarified our intent in §§ 2.81(c) sion issued a notice of proposed policy comments filed in this proceeding, re­ and 2.82(c). We have deleted the re­ statement and rule making (35 F.R. vised § 2.80 as proposed to provide quirement that environmental interven­ 14848, September 24, 1970) wherein it examples of the kinds of values and con­ ers submit detailed environmental state­ proposed to amend Parts 4 and 5 of the siderations that should be evaluated in ments pursuant to § 2.80, although we regulations under the Federal Power Act the context of the five specific criteria preserve their right to do so. The rules and Subchapter E of the regulations un­ we have incorporated from the National now make it clear that environmental der the Natural Gas Act as well as add Environmental Policy Act. It should be interveners are required to file with the §§ 2.80-2.83 to Part 2 of its general rules, emphasized that these examples are Commission at a time to be specified in order to implement the requirements merely illustrative, and not an exhaustive an explanation of the environmental po­ of section 102(2) (C) of the National En­ listing of factors that should be con­ sition they are advancing including vironmental Policy Act, 83 Stat. 852, 853. sidered in the preparation of detailed therein a discussion of that position in Eighteen responses were filed in this environmental statements. the context of the factors from the Na­ proceeding suggesting a variety of mod­ tional Environmental Policy Act speci­ ifications and amendments in the pro­ The addition of these considerations fied in § 2.80. We believe this require­ posed rules. All suggestions were carefully also serves the useful purpose of further ment is in the public interest in that it studied and several were adopted as clarifying the scope and nature of a de­ helps assure exposure and consideration indicated hereinafter. tailed environmental statement. The re­ of all relevant issues by insuring that all The rules adopted set forth the policy quirement of this kind of analysis in cases environmental issues will be raised be­ and procedural guidelines that we will having environmental significance is in fore the initial decision. Absent an af­ follow in exercising our responsibilities the public interest in that it helps assure firmative duty on all parties to raise under the National Environmental Policy the fullest possible examination of en­ issues and supply evidence in support Act of 1969 with regard to the licensing vironmental values and assists us in com­ thereof during the evidentiary phase of of hydroelectric facilities under Part I plying with the statutory standards of a hearing, the Commission cannot be of the Federal Power Act and the issu­ the National Environmental Policy Act certain that a complete record is before ance of certificates of public convenience and our enabling legislation.^ them. To relieve some parties from this and necessity under section 7(c) of the The Commission’s mandate under the duty would be to encourage dilatory Natural Gas Act. Rather than formaliz­ Federal Power Act to fully evaluate en­ tactics. ing specific rules to deal with our legis­ vironmental considerations is articulated We have, in response to comments lative environmental responsibilities at in Scenic Hudson Preservation Confer­ filed by the Council on Environmental this time, we have decided to defer action ence v. Federal Power Commission, 354 Quality on November 30, 1970, charged in this area pending experience with F. 2d 608, (CA2, 1965), cert, denied sub the procedures outlined in §§ 2.81(b) and the legislative procedures of the Council nom Consolidated Edison v. Scenic Hud­ 2.82(b) to include preliminary staff on Environmental Quality’s Interim son Preservation Conference, 384 U.S. analysis of the detailed environmental Guidelines and the Office of Management 941, and Udall v. Federal Power Commis­ statements supplied by applicants. and Budget’s Bulletin 71-3. We will, of sion, 387 U.S. 428 (1967). In Scenic Hud­ Should this analysis of the statement course, continue to meet our responsibil­ son the Second Circuit ruled that “ttlhe reveal any deficiencies as to the suffi­ ities in the legislative environmental area Commission must see to it that the record ciency of its form, the staff will request as now prescribed by law. is complete. The Commission has an the necessary revisions fcefc re the state­ None of the parties filing in this pro­ affirmative duty to inquire into and con­ ment is made available to governmental ceeding have questioned the propriety of sider aU relevant facts.” 354 F. 2d at 620. agencies for comment. In this way, we the Commission adopting a policy and The requirements imposed by the rules can help assure that all relevant en­ we have adopted represent the kind of vironmental factors will become part of 1 On Sept. 29, 1970, an amendment was affirmative action we must take to assure the record at the earliest opportunity issued (35 F.R. 16324, Oct. 17,1970). a complete record. As the Supreme Court and subject to evidentiary proceedings FEDERAL REGISTER, VOL 35, NO. 242— TUESDAY, DECEMBER 1 5 ,1 9 7 0 RULES AND REGULATIONS 18959 as to content while insuring that appli­ Interpretations is amended by adding at (4) The relationship between local cants have given due regard for the en­ the end thereof a new subdivision head­ short-term uses of man’s environment vironment before making an application. ing and section titles reading as follows: and the maintenance and enhancement Two respondents have urged that we Statem ent o f G eneral P olicy T o I m plem en t of long-term productivity, and changed the scope of § 2.81(a) by re­ P rocedures for Com pliance w it h t h e Na­ (5) Any irreversible and irretrievable quiring detailed environment statements tional E nvironmental P olicy Act of 1969 commitments of resources which would be involved in the proposed action should to accompany applications for minor Sec. project licenses. One respondent has ad­ 2.80 Detailed environmental statement. it be implemented. vocated restricting the application of the 2.81 Compliance with, the National Environ­ § 2.81 Compliance with the*;'-National rules to projects with 10,000 hp. capacity mental Policy Act of 1969 under Part Environmental Policy Act of 1969 or more. It is our determination that nei­ . I of the Federal Power Act. under Part I of the Federal Power ther of these suggestions is appropriate 2.82 Compliance with the National Environ­ Act. or in the public interest and that pend­ mental Policy Act of 1969 under the ing evidence to the contrary we will re­ Natural Gas Act. (a) A notice of all applications for quire the submission of detailed environ­ (2) The text of Part 2 is amended by major projects (those in excess of 2,000 mental statements with respect to hydro­ adding at the end thereof the follow­ hp.) or for reservoirs only providing electric matters only in conjunction with ing heading and new §§ 2.80 through 2.82 regulatory flows to down-stream (major) the applications for major project li­ reading as follows: hydroelectric projects under Part I of censes and activities specified in § 2.81 the Federal Power Act for license or re­ (a). In any event, it should be noted that Statement of G eneral P olicy T o I mple­ license, or amendment to license propos­ all our jurisdictional activities with re­ ment Procedures for Compliance ing construction or operating change in spect to hydroelectric facilities are sub­ W ith the National E nvironmental project works will be transmitted by the ject to the comprehensive planning P olicy Act of 1969 Commission to the Council on Environ­ standard of the Federal Power Act. § 2.80 Detailed environmental state­ mental Quality and to appropriate gov­ In adopting these regulations we have ment. ernmental bodies, Federal, regional, adhered as closely as possible to the State, and local with a request for com­ Council on Environmental Quality’s In­ (a) It shall be the general policy of the ments on the environmental considera­ terim Guidelines governing the prepara­ Federal Power Commission to adopt and tions listed in § 2.80. Notice of all such tion of detailed environmental state­ to adhere to the objectives and aims of applications shall also be made as pre­ ments (35 F.R. 7390. May 12, 1970). the National Environmental Policy Act scribed by law. Pending experience in implementing the of 1969 (Act) in its regulation under (b) All applications covered by para­ regulations and in the event of revisions the Federal Power Act and the Natural graph (a) of this section shall be in the Guidelines or amendments to the Gas Act. The National Environmental accompanied by the applicant’s detailed National Environmental Policy Act, Policy Act of 1969 requires, among other statement of the environmental factors changes may be indicated'at some future things, a detailed environmental state­ specified in § 2.80. The staff shall make date. ment in all major Federal actions and in an initial review of the applicant’s state­ These regulations, which are effective all reports and recommendations on envi­ ment and issue, if necessary, any defi­ immediately, will be applied as fully as ronmental legislative proposals which ciency letters as to sufficiency of form, possible to appropriate cases now on will significantly affect the quality of and cause the applicant’s statement, as file. the human environment. revised, to be made available to all gov­ The Commission finds: (b) Therefore, in compliance with the ernmental bodies given notice pursuant (1) The notice and opportunity to National Environmental Policy Act of to paragraph (a) of this section. The participate in this proceeding with re­ 1969 we will make a detailed environ­ applicant shall supply 10 copies of the spect to the matters presently before the mental statement when the regulatory statement, as revised, to the Council on Commission are consistent and in ac­ action taken by us under the Federal Environmental Quality. cordance with all procedural require­ Power Act and Natural Gas Act will (c) All interveners taking a position ments therefor as prescribed in 5 U.S.C. have such an environmental impact. A on environmental matters shall file with 553. “detailed statement” prepared in compli­ the Commission an explanation of their (2) The amendments to the Commis­ ance with the requirements of §§2.81 environmental position, specifying any sion’s regulations adopted herein are through 2.82 shall fully develop the five differences with the applicant’s detailed necessary and appropriate for carrying factors listed hereinafter in the con­ statement upon which intervener wishes out the provisions of the Federal Power text, among other relevant environ­ to be heard and including therein a dis­ Act, the Natural Gas Act, and the Na­ mental factors, of such considerations cussion of that position in the context tional Environmental Policy Act. as the proposed activity’s direct and in­ of the factors enumerated in § 2.80, at The Commission acting pursuant to direct effect on the ecology of the land, a time specified by the Commission or the the provisions of the Federal Power Act, air and water environment of the proj­ Presiding Examiner. All interveners shall particularly sections 4, 10, 15, 307, 309, ect or natural gas pipeline facility, and be responsible for filing 10 copies of their 311 and 312 (41 Stat. 1065, 1068, 1069, on aquatic and wildlife, and established filing with the Council on Environmental 1070,1072,1353, 46 Stat. 798, 49 Stat. 839, park and recreational areas as well as Quality at the time they file with the 842, 843, 844, 856, 858, 859, 61 Stat: 501, on sites of natural, historic, and scenic Commission and shall also supply a copy 82 Stat. 617; 16 U.S.C. 797, 803, 808, 825f, values and resources of the area, and of such filing to all participants to the 825h, 825j, 825k), and the Natural Gas the conformity of the proposed activity proceeding. Nothing herein shall preclude Act, particularly sections 7 and 16 (52 with all applicable environmental an intervener from filing a detailed en­ Stat. 824, 825, 830, 56 Stat. 83, 84, 61 Stat. standards. Such statement should also vironmental statement. 459; 15 U.S.C. 717f, 717o), and the Na­ deal with the justification of the pro­ (d) The applicant, staff, and all tional Environmental Policy Act of 1969, posed activity as compared to its al­ interveners taking a position on environ­ Public Law 91-190, approved January 1, ternatives. These factors are listed to mental matters should offer evidence for 1970, particularly sections 102 and 103 merely illustrate the kinds of values that the record in support of their environ­ (83 Stat. 853, 854) orders: must be considered in the statement; in mental position, filed in compliance with no respect is this listing to be construed the provisions of this section. PART 2— GENERAL POLICY AND as covering all relevant factors. (e) (1) In the case of each contested INTERPRETATIONS application the initial and reply briefs (1) The environmental impact of the filed by the applicant, the staff, and all (A) Part 2, Subchapter A, Chapter I proposed action, interveners taking a position on environ­ Title 18, Code of Federal Regulations (2) Any adverse environmental effects mental matters should specifically is amended by adding thereto the which cannot be avoided should the pro­ analyze and evaluate the evidence in the following:, posal be implemented, light of the environmental criteria (1) The table of contents at the be­ (3) Alternatives to the proposed enumerated in § 2.80. The views of the ginning of Part 2—General'Policy anc action, Council on Environmental Quality, if

FEDERAL REGISTER, VOL 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18960 RULES AND REGULATIONS any, should be made in a written state­ applicant’s statement, as revised, to be all comments submitted prior to acting ment served upon the Commission staff made available to all governmental on the application. If the Commission and all parties of record at a time speci­ bodies given notice pursuant to para­ grants the application, its final order fied by the Presiding Examiner. graph (a) of this section. The applicant shall include a detailed environmental (2) Furthermore, the Initial Decision shall supply 10 copies of the statement, as statement as specified in § 2.80. of the Presiding Examiner in such cases revised, to the Council on Environmental (g) Ten copies of all comments from should include an evaluation of the en­ Quality. governmental bodies—Federal, regional, vironmental factors enumerated in (c) All interveners taking a position on State, and local—received pursuant to § 2.80 and the views expressed in con­ environmental matters shall file with this section shall also be transmitted to junction ^herewith by the applicant and the Commission an analysis of their en­ the Council on Environmental Quality all those making formal comment pur­ vironmental position, specifying any by the party filing such comments at the suant to the provisions of this section. differences with the applicant’s detailed time of filing with the Commission. If the Commission grants the ^applica- statement upon which intervener wishes tion, its final order shall include a de­ to be heard and including therein a tailed environmental statement as speci­ discussion of that position in the context pa r t 4— lic e n se s , per m its, and fied in § 2.80. of the factors enumerated in § 2.80, at DETERMINATION OF PROJECT COSTS (f) In the case of noncontested ap­ a time specified by the Commission or plications the staff shall prepare a de­ the Presiding Examiner. All interveners (B) Section 4.40 in Part 4, Subchapter tailed statement as prescribed in § 2.80 shall be responsible for filing 10 copies B, Chapter I, Title 18, Code of Federal based on its analysis of the application’s of their filing with the Council on En­ Regulations, is amended by redesignat­ environmental impact and all matters vironmental Quality at the time they ing paragraph (1) as paragraph (m) and of record and shall serve such statement file with the Commission and shall also ¿substituting a new paragraph (1) as on the applicant. The Council on En­ supply a copy of such filing to all par­ follows: vironmental Quality shall be supplied ticipants to the proceeding. Nothing § 4.40 Contents. with 10 copies of such statement, and herein shall preclude an intervener ***** other appropriate Federal and State from filing a detailed environmental (1) Those applications within the pur­ agencies shall be supplied with 1 copy; statement. each of them shall be afforded 30 days (d) The applicant, staff, and all inter­ view of § 2.81(a) of this chapter must be in which to submit any written com­ veners taking a position on environ­ accompanied by a detailed statement of ments they may care to offer. Within 10 mental matters should offer evidence for the environmental factors enumerated days thereafter the applicant may file the record in support of their environ­ in § 2.80 of this chapter. written responses to the staff’s state­ mental position, filed in compliance with * * ^ * * ment and the comments received there­ the provisions of this section. on. The Commission will consider all (e) (1) In the case of each contested comments submitted prior to acting on PART 5— APPLICATION FOR application the initial and reply briefs AMENDMENT OF LICENSE the application. If the Commission filed by the applicant, the staff, and all grants the application, its final order interveners taking a position on en­ (C) Section 5.1 in Part 5, Subchapter shall include a detailed environmental vironmental matters should specifically B, Chapter I, Title 18, Code of Federal statement as specified in § 2.80. analyze and evaluate the evidence in the Regulations, is amended by inserting a (g) Ten copies of all comments from light of the environmental criteria enu­ new sentence between the first and governmental bodies—Federal, regional, merated in § 2.80. The views of the Coun­ second sentences. As amended, this por­ State, and local—received pursuant to cil on Environmental Quality, if any, tion of § 5.1 will read as folows: this section shall also be transmitted to should be made in a written statement the Council on Environmental Quality served upon the Commission staff and § 5.1 Amendment of license. by the party filing such comments at the all parties of record at a time specified Where a licensee desires to make a time of filing with the Commission. „by the Presiding Examiner. change in the physical features of the § 2.82 Compliance with the National (2) Furthermore the Initial Decision project or its boundary, and/or make an Environmental Policy Act of 1969 of the Presiding Examiner in such cases addition or betterment and/or abandon­ under the Natural Gas Act. should include an evaluation of the en­ ment or conversion, of such character as to constitute an alteration of the license, (a) A notice of all certificate applica­ vironmental factors enumerated in § 2.80 and the views expressed in conjunction application for an amendment of the tions filed under section 7(c) of the license shall be filed with the Commis­ Natural Gas Act (15 U.S.C. 717f (c)), ex­ therewith by the applicant and all those cept abbreviated applications filed pur­ making formal comment pursuant to the sion, fully describing the changes licensee suant to § 157.7 (b), (c), (d), and (e) provisions of this section. If the Com­ desires to make. Furthermore, the pro­ of this chapter, will be transmitted by the mission grants the application, its final visions of § 2.81(a) of this chapter shall Commission to the Council on Environ­ order shall include a detailed environ­ apply to all applications for amendment mental Quality. Notice of all certificate mental statement as specified in § 2.80. of license as defined therein. If, after applications will continue to be pub­ (f) When the Commission determines consideration of an application for lished as prescribed by law, and trans­ that its action on an application which amendment of the license, the Commis­ mitted to other appropriate Federal and is otherwise subject to the Commission’s sion is of the opinion that the contem­ State governmental bodies. noncontested procedures will have a sig­ plated changes are of such character as (b) All applications within the scope nificant environmental effect, the staff to constitute a substantial alteration of of paragraph (a) of this section shall be shall prepare a detailed statement as the license, public notice of such applica­ accompanied by the information pre­ prescribed in § 2.80 based on its analysis tion shall be given by an advertisement scribed in § 157.14(a) (6-d) of this of the application’s environmental im­ made at least 30 days prior to action chapter and shall include an environ­ pact and all matters of record and shall upon the application. * * • mental analysis of the construction and serve such statement on the applicant. operating program of the proposed proj­ The Council on Environmental Quality PART 157— APPLICATIONS FOR CER­ ect considered in its totality. If the Com­ shall be supplied with 10 copies of such mission then concludes that a detailed statement, and other appropriate Fed­ TIFICATES OF PUBLIC CONVEN­ statement will be required as part of eral and State agencies shall be supplied IENCE AND NECESSITY AND FOR the Commission’s order, public notice with one copy; each of them shall be af­ ORDERS PERMITTING AND AP­ will be given requiring the applicant to forded 30 days in which to submit any PROVING ABANDONMENT UNDER file a detailed statement as prescribed in written comments they may care to offer. SECTION 7 OF THE NATURAL GAS § 2.80. The staff shall make an initial Within 10 days thereafter the applicant review of the applicant’s statement and may file written responses to the staff’s ACT issue, if necessary, any deficiency letters statement and the comments received (D) Paragraph (a) of § 157.14, in Sub­ as to sufficiency of form, and cause the thereon. The Commission will consider chapter E, Chapter I, Title 18, Code of

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 RULES AND REGULATIONS 18961 Federal Regulations, is amended by add­ from 15 respondents.1 Of the 15 responses mission in writing of data, views and ing a new subparagraph (6-d) to read received; three were in complete agree­ comments in the manner described above as follows: ments; six concurred, with the exception are consistent and in accordance with of suggesting minor modifications hav­ the procedural requirements of section §157.14 Exhibits. ing to do with the construction and de­ 553 of "title 5 of the United States Code. (a) To be attached to each applica­sign of the Statement; two concurred, (2) Since the amendments to FPC tion. * * * but requested the omission of the CPA Forms No. 1 and No. 2 prescribed herein (6-d) Exhibit F-IV—Statement by the certification; three were noncommittal, are for use for reports covering the cal­ Applicant concerning the requirements but offered constructive suggestions; and endar year beginning January 1, 1970, or of the National Environmental Policy Act one opposed the rule making. for a year beginning or ending during the of 1969, Public Law 91-190, 83 Stat. 852, Where feasible the Commission has in­ calendar year 1970, good cause exists Title I, Section 102. The applicant shall corporated those constructive sugges­ for making this order effective upon provide a brief statement concerning the tions having to do with construction and issuance. following factors: design of the statement where these sug­ (3) The revisions of the Commission’s (i) The environmental impact of the gestions allowed the statement to remain Annual Report Forms No. 1 and No. 2 proposed actions, reasonably structured around the herein prescribed are necessary and ap­ (ii) Any adverse environmental effects “Source and Application of Funds” state­ propriate for the-administration of the which cannot be avoided should the pro­ ment now used by the American Gas Federal Power and Natural Gas Acts. posal be implemented, Association and the Edison Electric In­ (4) Since amendments herein which (iii) Alternatives to the proposed stitute in their joint “Uniform Statistical were not included in the notice in this action, Report,” and to continue to include the proceeding are of a minor nature further (iv) The relationship between local principles contained in the American In­ notice thereof is unnecessary. short-term uses of man’s environment stitute of Certified Public Accountants’ The Commission, acting pursuant to and the maintenance and enhancement Opinion No. 3 along with those specific the authority granted by the Federal of long-term productivity, and additional items needed by the Commis­ Power Act, as amended, particularly sec­ (v) Any irreversible and irretrievable sion for regulatory purposes. tions 301, 304, and 309 (49 Stat. 854, 855, commitments of resources which would The two objections to the CPA certifi­ 858; 16 U.S.C. 825, 825c, 825h) and the be involved in the proposed action should cation of the statement was due to extra provisions of the Natural Gas Act, as it be implemented. time and expense involved. The Commis­ amended, particularly sections 8, 9(b), sion considers this statement in the same 10, and 16 thereof (52 Stat. 825, 826, 830; * * * * * category of prominence with the Com­ 15 U.S.C. 717g, 717h(b), 717i, 717o), (E) The amendments herein adopted parative Balance Sheet, Statement of orders: shall become effective upon the issuance Income and Statement of Earned Sur­ (A) Effective for the reporting year of this order. plus, all of which are now beingxertified 1970, and thereafter, FPC Form No. 1, (F) The Secretary shall cause prompt by CPA firms. Consequently, the Com­ Annual Report for Electric Utilities and publication of this order to be made in mission rejects the requests to delete the Licensees Class A and Class B, prescribed the F ederal R egister. statement from the list of those sched­ by § 141.1, Subchapter D, Chapter I, Title By the Commission. ules now being certified by CPA firms. 18 of the Code of Federal Regulations, And finally, in relation to the single and FPC Form No. 2, Annual Report for [seal] Gordon M. G rant, response opposing the rule making on Natural Gas Companies, Class A and Secretary. the alleged basis the Commission did not Class B, prescribed by § 260.1, Subchapter [F.R. Doc. 70-16791; Filed, Dec. 14, 1970; state how the statement would assist the G, Chapter I, Title 18 of the Code of Fed­ 8:48 a.m.] Commission in administering the Natural eral Regulations, are amended as follows, Gas Act, the Commission invites atten­ all as set out in the attachment hereto; 2 tion to paragraph 2, notice of proposed [Docket No. R-396; Order 415] (1) On page i of FPC Annual Report rule making R-396, “This added schedule Form No. 1, General Instruction 14 is PART 141— STATEMENT AND is being proposed to provide the Com­ amended to include the schedule “Sources REPORTS (SCHEDULES) mission with relevant information that and Application of Funds for the Year— is either omitted or not sufficiently pre­ Statement E” in the list of schedules for PART 260— STATEMENT AND sented in the Comparative Balance Sheet which certification by a certified public REPORTS (SCHEDULES) or the Statement of Income and Earned accountant is required. Surplus for the Year, presently found in Statement of Source and FPC Forms No. 1 and No. 2. The Com­ (2) On page i of FPC Annual Report Application of Funds mission believes the proposed statement, Form No. 2, General Instruction 15 is will narrow the existing gap between the amended, to include the schedule “Source ecember and Application of Funds for the Year— D 7,1970. two aforementioned conventional state­ On August 27, 1970, the Commission ments. In addition, the' proposed state­ Statement E” in the list of schedules for issued a notice of proposed rule making which certification by a certified public ment will be of considerable benefit to accountant is required. in this proceeding (35 F JR. 14098, Sept. 4, the Commission staff in their continuous 1970) proposing to amend, effective for analysis and surveillance responsibili­ (3) New schedule pages 118 and 119, the reporting year 1970, the FPC An­ ties.” The Commission’s basic purpose entitled “Statement E—Source and Ap­ nual Report Form No. 1, prescribed by plication of Funds for the Year,” are remains the same. added to FPC Forms No. 1 and No. 2. §141.1 of the Commission’s Regulations The Commission finds: (18 CFR 141.1) for use by Electric Utili­ (B) Effective upon the issuance of ties and Licensees (Class A and Class B) (1) The notice and opportunity tothis order, paragraph (d) of § 141.1 of and the FPC Annual Report Form No. 2 participate in this rule making by sub- the Commission’s regulations under the Prescribed by § 260.1 of the Commis­ Federal Power Act, Subchapter D, Chap­ 1 Arthur Andersen & Co., Independent Nat­ sion’s Regulations (18 CFR 260.1) for ural Gas Association of America, The Cleve­ ter I, Title 18 of the Code Of Federal use by Natural Gas Companies (Class A land Electric Illuminating Co., Consumers Regulations, is amended by adding a and Class B) by adding two new sched­ Power Co., New England Electric System, new schedule “Source and Application ule pages 118 and 119, entitled State­ Pennsylvania Power & Light Co., Public Serv­ of Funds for the Year—Statement E,” ment E—Source and Application of ice Electric and Gas Co., Public Service of immediately following schedule title Funds for the Year. Indiana, Salt River Project, Southern Serv­ “Statement of Retained Earnings for ices, Inc., The Washington Water Power Co„ the Year—Statement D”: Comments were invited from inter­ Baltimore Gas and Electric Co., Northern ested persons to be submitted by Octo­ Natural Gas Co., Texas Eastern Transmis­ ber 13, 1970. In response to this notice sion Corp., and State of New York Public * Attachment filed as part of original the Commission has received comments Service Commission. document.

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 No. 242------3 18962 RULfS AND REGULATIONS

§ 141.1 Form No. 1, Annual report for Eighteen responses to the notice of pro­ der involuntary transfers of gas based electric utilities, licensees, and others posed rulemaking have been received.1 on the reported data. The regulation and (Class A and Class B). Pursuant to a Notice of Conference issued schedule promulgated herein are to re­ * * * * * November 5, 1970, and published in the quire the filing of data for informational F ederal R egister on November 7, 1970 purposes only. The Commission realizes (d) * * * (35 F.R. 17188), a conference attended that storage data alone, without data on ' Source and Application of Funds for the by representatives of interested parties other factors such as weather, customer Year—Statement E. and the Commission staff was held on requirements, LNG, LPG, pipeline ca­ * * * * * November 13,1970. pacity, and other variables, is but one This proceeding was instituted be­ of many indicators of a pipeline com­ (C) Effective upon the issuance of thiscause it has become apparent to the pany’s operational capability; however, order, paragraph (c) of § 260.1 of the Commission that many jurisdictional the Commission regards a company’s Commission’s regulations under the natural gas pipeline companies will storage position as such a key indicator Natural Gas Act, Subchapter G, Chap­ have to rely with increased need on nat­ that current information should be ter I, Title 18 of the Code of Federal ural gas storage to supply the require­ readily available. Regulations, is amended by adding a ments of their customers during the Several respondents have pointed out new schedule “Source and Application forthcoming 1970-71 and future winter that various storage pools on the same of Funds for the Year—Statement E,” seasons. Pipeline companies have in­ system may in normal operation be immediately following schedule title dicated to the Commission in informal operated differently and for different “Statement of Earned Surplus—State­ discussions and in pleadings in proceed­ purposes than other pools on the' system, ment D”: ings on applications filed pursuant to sec­ or on other systems. It is noted that a normal or a particular pressure in one § 260.1 Form No. 2, Annual report for tions 7(a) and 7(c) of the Natural Gas Act that, depending upon such variables pool may or may not be normal in an­ natural gas companies (Class A and other pool or in the same pool at various Class B). as the severity of the winter and the times under particular circumstances. * * * * * availability of domestic and imported Likewise, it was pointed out that .some gas, they will have to place restrictions companies sell a storage service, others (C) * * * on their load growth and will have to cur­ use storage to accommodate swings in Source and Application of Funds for the tail interruptible deliveries to a greater pipeline operations, and some companies Year—Statem ent E. extent than in the past. There have been further indications that some pipe­ use storage for both purposes. Also, in * * He * He some instances customers may have title lines may have difficulty in meeting their to stored gas, customers may have the (D) The Secretary of the Commission presently contracted obligations. right to nominate pipeline-owned vol­ shall cause prompt publication of this Gas stored underground during the umes, or pipelines may meet their con­ order to be made in the F ederal off-peak months is a vital supply com­ tractual obligations from either or both ponent for the many pipeline companies R egister. pipeline gas or pipeline-owned storage. that rely on both pipeline capacity and Since storage pools are operated in such By the Commission. stored gas to meet winter requirements, widely varying ways and for differing especially the peak deliveries caused by purposes, it is concluded that meaningful [seal] G ordon M . G rant, low temperatures. It is just as vital to storage information can be collected only Secretary. local gas distributors and pipelines, on a companywide rather than an indi­ [F.R. Doc. 70-16792; Filed, Dec. 14, 1070; which under storage service agreements vidual reservoir basis. For the same 8:48 a.m.]' witlf pipeline suppliers, have gas pur­ reason and because, reports will be on a chased during the off-peak months companywide basis, reservoir pressures stored underground for subsequent will not have to be reported. In addition, [Docket No. R-399; Order 417] winter deliveries. The balances of gas in customers’ gas (customer-owned or storage will be key indicators of adequate nominated or otherwise committed to PART 260— STATEMENTS AND or inadequate supplies for the critical particular customers) will be required to REPORTS (SCHEDULES) periods. be reported by the pipelines operating After consideration of the written the storage facilities to the extent the Reports of Gas Stored Underground views and comments and the discussion storage is not required to be reported by and Schedule at the conference, several modifications the customers. have been made in the proposed regula­ Several respondents expressed con­ December 8, 1970. tion and schedule. Many of the respond­ cern that storage reservoirs would have By notice issued September 18, 1970, ents question the value of information on to be shut-in in order to ascertain the and published in the F ederal R egister underground storage alone as being in­ required information. Such action will on September 24, 1970 (35 F.R. 14851), dicative of a pipeline’s present supply not be necessary. The Commission will position or ability to meet demands on accept information based upon reports in Docket No. R-399 pursuant to section from the companies’ dispatchers and 553 of title 5 of the United States Code its system. In addition, some of the re­ other operating personnel which infor­ and section 16 of the Natural Gas Act spondents express apprehension that the mation is used in the day-to-day opera­ (52 Stat. 830, 15 U.S.C. 717o) the Com­ Commission intends to take action to or- tions of the pipeline systems. The mission proposed to add a new § 260.11 Commission would rather have data to Part 260—Statements and Reports 1 Cascade Natural Gas Corp.; Colorado In­ which are reasonably current and esti­ (Schedules), Subchapter G—Approved terstate Gas Co., a division of Colorado Inter­ mated rather than untimely and accu­ state Corp.; Columbia Gas System Service rate to the last Mcf. Forms, Natural Gas Act, Chapter I, Title Corp.; Equitable Gas Co.; Iowa-IUinois Gas Various respondents suggested that 18 of the Code of Federal Regulations, and Electric Co.; Kansas-Nebraska Natural reporting be limited to companies having to require the filing by certain natural Gas Co., Inc.; Northern Natural Gas Co.; a specified minimum volume in storage, gas companies, other than independent Panhandle Eastern Pipe Line Co.; Pennsyl­ to companies selling a storage service, vania Gas Co.; Rochester Gas and Electric producers as defined by § 154.91(a) of to companies whose operations are Corp.; Southern California Edison Co.; Ten­ wholly jurisdictional, to companies with the Regulations under the Natural Gas nessee Gas Pipeline Co., a division of Ten- limits on load growth, or to companies Act (18 CFR 154.91(a)), of reports of neco, Inc.; Texas Eastern Transmission Corp.; Texas Gas Transmission Corp.; Transconti­ which have indicated possible inability gas stored underground on a new sched­ nental Gas Pipe Line Corp.; The Union Light, to meet contractual obligations. The ule to be prescribed herein and desig­ Heat and Power Co.; United Gas Pipe Line Commission is interested in obtaining a nated as FPC Form No, 8. Co.; United Natural Gas Co. comprehensive picture of gas in storage.

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 RULES AND REGULATIONS 18963 Therefore, all jurisdictional companies Form No. 8, is prescribed for the 2-year resulted in substantial improvements in with storage operations will be required period commencing November 1, 1970. the supplies of freight cars, and that the to submit reports. Two respondents sug­ (b) Each natural gas company as de­daily levels of freight car shortages re­ gested that they be excused from filing fined by the Natural Gas Act, as ported by the carriers presently are periodic reports on storage operations amended, 52 Stat. 821, except an inde­ declining; and that a further postpone­ which are required by certificate orders pendent producer as defined by § 154.91 ment of the effective date of paragraphs authorizing storage facilities and opera­ (a) of the Regulations under the Natural (a)(1) (ii) and (vii), of Third Revised tions. The reports filed pursuant to the Gas Act (§ 154.91(a) of this chapter), Service Order No. 1009, relating to cars certificate orders are more comprehen­ which owns, leases, or operates an assigned to the exclusive use of shippers, sive and less timely than the reports re­ underground natural gas storage field is warranted to avoid an excessive waste quired by the regulation promulgated or-which has natural gas stored for it of empty car movements by the carriers herein. Therefore, both reports will be by others in an underground natural gas and to prevent irreparable harm to the required even though the reported data storage field, shall prepare and file with affected shippers during a period of an may be duplicative to some small extent. the Commission an original and two abated car supply problem. There were suggestions by respondents copies of Report of Gas Stored Under­ It is ordered, That: that additional information be reported, ground, FPC Form No. 8, on or before Third Revised Service Order No. 1009, such as quality of gas in storage, physical November 15 of each reporting year, No­ as amended, be, and it is hereby, further facilities used in storage operations, vember 1 through October 31, showing amended by substituting the following number of days gas was withdrawn, daily volumes of gas in underground storage paragraph (a)(1) (ii) and (vii) for withdrawals, and names of customers for on November 1 and within 5 days after, paragraph (a)(1) (ii) and (vii) thereof: whom gas was withdrawn. Although this or the nearest date thereto that infor­ information may be of value in apprais­ mation is available, the 1st and,15th days § 1033.1009 Service Order No. 1009. ing storage operations, the Commission of December through March and the first (a) Railroad operating regulations for does not feel that it has the need for days of April through November, showing freight car movement. Each common such information at this time; hence, estimated accumulated storage gas carrier by railroad subject to the Inter­ such information will not be required. withdrawals and injections and balances state Commerce Act shall observe, en­ The last-day-of-the-month reporting of stored volumes remaining, except that force, and obey the following rules, reg­ dates as proposed have been changed to reports on gas stored underground on ulations, and practices^with respect to the first days of the next month. This will November 1 and 15 and December 1 and its car service: establish definite dates for reports in 15,1970, shall be filed on or before Janu­ (1) Placing of Cars. * * * lieu of the variable last days of the ary 4, 1971. months. The due date for the filing of (ii) Those provisions of this subdivi­ the first report has been changed from (B) The schedule, FPC Form No. 8, sion (ii) relating to cars assigned to the November 15, 1970, to January 4, 1971, Report of Gas Stored Underground, is exclusive use of a shipper are hereby in view of the late date of issuance of this adopted in the form set forth in Attach­ suspended until 11:59 p.m., December 31, order. ment A hereto.* 1970. Copies of the schedule promulgated (C) The Secretary shall cause prompt # * * * * herein will be available from the Com­ publication at this order to be made in (vii) The provisions of this subdi­ mission. However, reporting companies the F ederal R egister. vision Cvii) are hereby suspended until may reproduce their own copies and sub­ By the Commission. 11:59 pjn., December 31, 1970. mit reports thereon. ***** The Commission finds: [seal] G ordon M. G rant, (1) The notice and opportunity to Secretary. It is further ordered, That, except to participate in this proceeding through the extent granted in the next preceding [F.R. Doc. 70-16790; Filed, Dec. 14, 1970; paragraph, the said petitions be, and they the submission in writing of data, views, 8:48 a.m.] comments, and suggestions in the are, hereby, denied. manner described above are consistent Effective date. This amendment shall and in accordance with the procedural become effective at 11:59 p.m., Decem­ requirements prescribed in 5 U.S.C. 553. Title 49— TRANSPORTATION ber 8, 1970. (2) The amendment and schedule (Sec. 1, 12, 15, and 17(2), 24 Stat. 379, 383, hereinafter set forth are necessary and Chapter X— Interstate Commerce 384, as amended; 49 U.S.C. 1, 12, 15, and appropriate in carrying out the provi­ Commission 17(2). Interprets or applies sec. 1 (10-17), sions of the Natural Gas Act. 15(4), and 17(2), 40 Stat. 101, as amended SUBCHAPTER A— GENERAL RULES AND 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and (3) In view of the imminence of the REGULATIONS 17(2)) period of substantial reliance upon underground storage and the need by [3d Rev. S.O. 1009, Amdt. 3] It is further ordered, That, copies of the Commission to obtain information PART 1033— CAR SERVICE this amendment shall be served upon on storage balances on an orderly basis, the Association of American Railroads, good cause exists that the proposed Railroad Operating Regulations for Car Service Division, and upon the Amer­ amendment be made effective immedi­ Freight Car Movement ican Short Line Railroad Association, as ately. At a session of the Interstate Com­ agents of the railroads subscribing to The Commission, acting pursuant to merce Commission, Division 3, acting as the car service and per diem agreement authority granted by the Natural Gas an Appellate Division, held at its office under the terms of that agreement; and Act, as amended, particularly Section 16 in Washington, D.C., on the 8th day of that notice of this order shall be given thereof (52 Stat. 830, 15 U.S.C. 717o), December 1970. to the general public by depositing a and in accordance with 5 U.S.C. 552, Upon consideration of the petitions copy in the Office of the Secretary of orders: the Commission at Washington, D.C. and (A) Effective upon the issuance of thisfiled by various shippers, each requesting order, Part 260, Subchapter G, Chapter reconsideration or suspension of _ certain by filing it with the Director, Office of I, Title 18 of the Code of Federal Regula­ provisions of Third Revised Service Order the Federal Register. tions is amended by adding a new No. 1009. By the Commission, Division 3, acting § 260.11 which reads as follows: It appearing, that seasonal reductions as an Appellate Division. § 260.11 Form No. 8, report of gas in the demands for freight cars have [seal] R obert L. Oswald, stored underground. Secretary. (a) The form of Report of Gas Storec * Attachment A filed as part of original [F.R. Doc. 70-16814; Filed, Dec. 14, 1970; Underground, designated herein as FPC document. . 8:50 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18964 RULES AND REGULATIONS Title 24— HOUSING AND HOUSING CREDIT Chapter VII— Federal Insurance Administration, Department of Housing and Urban Development SUBCHAPTER B—NATIONAL FLOOD INSURANCE PROGRAM PART 1914— AREAS ELIGIBLE FOR THE SALE OF INSURANCE List of Designated Areas Section 1914.4 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1914.4 List of designated areas. * * * * * * *

Effective date State County Location Map No. State map repository _ Local map repository of authorization of sale of flood -insurance for area

• • • • * * * * * * * * * ♦ * 0 0* Alabama...... Mobile______Unincorporated E 01 097 0000 01 Alabama Development Office, State County Engineer’s Office, County Dec. 11, 1970. areas. through . Office Bldg., Montgomery AL Court House, 101 Government St., E 01 097 0000 03 36104. Mobile, AL 36601. Alabama' Insurance Department, Room 453, Administrative Bldg., Montgomery, AL 36104. California...... Los Angeles...... Bradbury...... E 06 037 0433 01 Department ofWater Resources, Post City Hall, 600 Winston Ave., Brad­ Do; Office Box 388, Sacramento, CA bury, CA 91010. 95802. California Insurance Department, 107 South Broadway, Los Angeles, CA 90012, and 1407 Market St., San Francisco, CA 94103. D o ...... do...... Long Beach...... E 06 037 1970 01 .....d o ...... Office of the City Engineer, Room Do; through 700, 205 West Broadway, Long E 06 037 1970 04 Beach, CA 90802. Do______do...... Walnut...... E 06 037 4069 01 ____do...... i ...... Office of the City Manager, City of Do; through Walnut, 20550 East Carrey Rd., E 06 037 4069 04 Walnut, CA 91789. Do...... Riverside.....___Palm Springs_____ E 06 065 2650 01 ____do...... Department of Building and Plan­ Do. . through ning, City Hall, 3200 Tahquity ■ E 06 065 2650.10 McCallum St., Palm Springs, CA 92262. New Jersey____Monmouth______Highlands E 34 025 1390 01... New Jersey Department of Environ- Office of the Borough Clerk, Borough Do. Borough. mental Protection, Division of Wa­ of Highlands, 171 Bay Ave., Mon­ ter Policy and Supply, Box 1390, mouth County, NJ 07732. Trenton, NJ 08625. Department of Banking and Insur­ ance, State House Annex, Trenton, NJ 08625. Do...... do...... Sea Bright...... E 34 025 2980 01...... do...... Office of the Borough Clerk, Borough Do. of Sea Bright, Monmouth County, 1099 East Ocean Ave., Monmouth County, NJ 07760. D o.I...... O cean...... '... Seaside Park_____E 34 029 3020 01...... do. Municipal' Bldg., Central and Fifth Do; ✓ . ( E 34 029 3020 02 Aves., Borough of Seaside Park, Ocean County, NJ 08752. Rhode Island__ Providence Providence...... 144 007 0190 03___Rhode Island Statewide Planning Graphics Section, Department of Do. 1 44 007 0190 04 Program, Room 123-A, The State Planning and Urban Development, House, Providence, R I02903. 410 Howard Bldg., 10 Dorranee St., Rhode Island Insurance Department, Providence, RI 02903. Room 418, 49 Westminster St., Providence, 4tl 02903. Texas...... El Paso. El Paso______E 48 141 2190 01 Texas Water Development Board, 301 City Clerk’s Office, Room 211, City- Do. through West Second St., Austin, TX 78711. County Bldg., El Paso, TX 79901. E 48 141 2190 09 Texas State Board of Insurance, 1110 San Jacinto St., Austin, TX 78701. Virginia...... Wise. Big Stone Gap___I 51 195 0170 03____ Division ofWater Resources, pepart- Office of the Town "Manager, Town Do. I 51 195 0170 04 ment of Conservation and Eco­ of Big Stone Gap, Big Stone Gap, nomic Development, 911 East VA 24219. Broad St., Richmond, VA 23219. Virginia Insurance Department, 700 Blanton Bldg., Post Office Box 1157, Richmond, VA 23209. _ S (National Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 F.R. 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary’s dele­ gation of authority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969) Issued; December 12,1970. * G eorge K. Bernstein, Federal Insurance Administrator. [F.R. Doc. 70-16728; Filed, Dec. 14, 1970; 8:45 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 RULES AND REGULATIONS 18965

PART 1915— IDENTIFICATION OF FLOOD-PRONE AREAS List of Flood Hazard Areas Section 1915.3 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: § 1915.3 List o f flood hazard areas. *******

Effective-date of identification of State _ County Location Map No. State map repository Local map repository areas which have p a special flood hazards

• * * ♦ * * # * ♦ * * * ♦ * * • * * M obüe-...... Unincorporated T 01 097 0000 01 Alabama Development Office, State County Engineer’s Office, County Dec. 11, 1973. areas. through Office Bldg., Montgomery, AL 36104. Court House, 101 Government St., T 01 097 0000 03 Alabama Insurance Department, Mobile, AL 36601. Room 453, Administrative Bldg., Montgomery, AL 36104. California___ . . . Los Angeles___ ... Bradburÿ...... T 06 037 0433 01.. Department of Water Resources, Post City Hall, 600 Winston Ave., Brad- Do. Office Box 388, Sacramento, CA bury, CA 91010. 95802. California Insurance Department, 107 South Broadway, Los Angeles, CA 90012, and 1407 Market St., San Francisco, CA 94103. Do...... do...... ^__Long Beach.. T 06 037 1970 01 ...... do...... r ...... Office of the City Engineer, Room 700, Do; through 205 West Broadway, Long Beach, T 06 037 1970 04 CA 90802. Do...... do...... W alnut...... T 06 037 4069 01 ...... do...... - ...... Office of-thé City Manager, City of Do; through Walnut, 20550 East Carrey Road, T 06 037 4069 04 Walnut, CA 91789. Do...... Riverside...... i___ Palm Springs T 06 065 2650 01 ..-.-d o ...... -...... -...... Department of Building and Planning, Do; through City Hall, 3200 Tahqulty McCallum T 06 065 2650 10 St., Palm Springs, CA 92262. New J ersey ..... Monmouth______Highlands T 34 025 1390 01..r. New Jersey Department of Environ- Office of the Borough Clerk, Borough Do; Borough. , mental Protection, Division of Water of Highlands, 171 Bay Ave., Mon­ Policy and Supply, Box 1390, Tren­ mouth County, NJ 07732. ton, NJ 08625. Department of Banking and Insur­ ance, State House Annex, Trenton, NJ 08625. Do...... do...... __ Sea Bright...... T 34 025 2980 01___ ...... d o ...... -...... Office of the Borough Clerk, Borough Do. of Sea Bright, Monmouth County, 1099 East Ocean Ave., Monmouth County, NJ 07760. Do___ T 34 029 3020 01...... ___ do...... Municipal Bldg., Central'and Fifth Do; T 34 029 3020 02 Aves., Borough of Seaside Park, Ocean County, NJ 08752. Rhode Island... Providence___ H 44 007 0190 0 3 ... Rhode Island Statewide- Planning Graphics Section, Department of Sept. 8,1970. H 44 007 0190 04 Program, Room 123-A, The State Planning and Urban Development, House, Providence, RI 02903. 410 Howard Bldg., 10 Dorrance St., Rhode Island Insurance Department, Providence, R I02903. Room 418, 49 Westminster St., Providence, RI 02903. Texas...... El Paso...... __ El Paso...... T 48 141 2190 01 Texas Water Development Board,- City Clerk’s Office, Room 211, City- Dec. 11,1970. through 301 West Second St., Austin, TX County Bldg., El Paso, TX 79901. T 48 141 2190 09 78711. Texas State Board of Insurance, 1110 San Jacinto St., Austin, TX 78701; Virginia...... W ise______Big Stone Gap____ H 61 195 0170 03... Division of Water Resources, De- Office of the Town Manager, Town of June 16,1970. • H 51 195 0170 04 • partment of Conservation and Ec­ Big Stone Gap, Big Stone Gap, onomic Development, 911 East VA 24219. ' Broad St., Richmond, VA 23219. Virginia Insurance Department, 700 Blanton Bldg., Post Office Box 1157, Richmond, VA 23209.

(National Flood Insurance Act of 1968 (title xtti of the Housing and Urban Development Act of 1968), effective Jan. 28, 1969 (33 FJt. 17804, Nov. 28, 1968), as amended (secs. 408-410, Public Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary’s dele­ gation of authority to Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969) Issued: December 12,1970. G eorge K. B ernstein, Federal Insurance Administrator. [F.R. Doc. 70-16729; Filed, Dec. 14, 1970; 8:45 a.m.]

F.R. 18461). The figure “§ 20.-” appear­ Title 26-INTERNAL REVENUE ing at the end of the 16th line in para­ TITLE 39— POSTAL SERVICE Chapter I— Internal Revenue Service, graph (a) (1) of § 25.2512-5 of the Gift Chapter I— Post Office Department Department of the Treasury Tax Regulations (26 CFR Part 25), as SUBCHAPTER E—TRANSPORTATION OF THE MAILS SUBCHAPTER B—ESTATE AND GIFT TAXES prescribed by TD. 7077, should have been SUBCHAPTER G— SPECIAL REGULATIONS [T.D. 7077] “§ 25.-”. Accordingly, replace the figure TRANSPORTATION OF MAIL PART 25— GIFT TAX; GIFTS MADE ”§ 20.-” with “§ 25.-”.> AFTER DECEMBER 31, 1954 Regulations codified in Parts 521-526 J ames F. D ring, of Subchapter E are being restated in Revision of Actuarial Tables and Director, Legislation and order to eliminate unnecessary detail. Interest Factor; Correction Regulations Division. The basic purport of those regulations remains essentially the same in this revi­ On December 4, 1970, T.D. 7077 was [PR. Doc. 70-16826; Filed, Dee. 14, 1970; sion, so that rule making proceedings published in the F ederal R egister (35 8:51 a.m.] and delay in effective date (5 U.S.C. 553)

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18966 RULES AND REGULATIONS are not required. Accordingly, the (a) No proposal for a contract for star (ii) Bond requirements, (a) Each pro­ amendments which follow are effective route service will be considered unless the posal must be accompanied by a bond upon publication in the F ederal bidder is a legal resident of one of the executed by a qualified surety company R egister. counties crossed by the roads over which or by two or more individual sureties, 1. In Subchapter E insert the following the mail is to be carried or a legal resi­ each of whom must own real estate worth center caption immediately above Part dent of a county adjoining one through at least the face amount of bond re­ 511:. which the mail is to be carried, with this quired, over and above all debts, judg­ R ailway T ransportation exception: Proposals for carrying mail ments, mortgages, executions, and ex­ will be accepted from firms, companies, emptions. 2. Subchapter G is redesignated as or corporations actually engaged in some (b) When the laws of the State per­ Subchapter H; and Subchapter E (as business other than transportation of mit, a husband and wife owning real amended above) is redesignated as mail under a contract within the coun­ estate as “tenants by the entireties,” are Subchapter G. ties in which individuals are restricted acceptable as one surety provided both 3. In Subchapter G, as redesignated as to residence. exécute the bond. Any other two or more above, amend Parts 521-526 to read as (b) No postmaster, assistant postmas­ persons owning real estate as “joint follows: ter (director, operations and director, in­ tenants” are acceptable as one surety, H ighw ay T ransportation stallation services, at post offices having provided all parties concerned execute these positions instead of assistant post­ the bond. In these cases,- at least one PART 521— STAR ROUTE SERVICE master) or officer in charge, clerk em­ other qualified surety is necessary. Sec. ployed in any post office, rural carrier, (c) The obligation under the bid bond 521.1 Description. special delivery messenger, or other is that the bidder will execute a con­ 521.2 Establishing service. postal employee, including substitute or tract with good and sufficient sureties 521.3 Administration of service. temporary, will be a bidder, contractor, and that service will be performed ac­ 521.4 Subcontracts. or concerned in a bond or contract for cording to the contract. If an accepted 521.5 Screening. carrying mail on a star route. bidder fails to enter into the prescribed Au t h o r it y : The provisions of this Part (c) No member of the immediate contract or, after having executed a con­ 521 issued under 5 U.S.C. 301, 39 U.S.C. 501, family of a postmaster or assistant post­ tract, fails to perform service in accord­ 6106, 6106-6107, 6352, 6401-6402, 6407, 6411- master (director, operations, and ¿rec­ ance with the contract, he and his sure­ 6426, 6429-6434, 6436-6440. tor, installation services, at, post offices ties are liable for the amount of the bid § 521.1 Description. having these positions instead of assist­ bond. Star route service provides for inter­ ant postmaster) or officer in charge will (d) No proposal for the transporta­ city highway transportation of mail. be awarded a contract or be a surety on a tion of the mail shall be considered when Routes are operated under formal con­ bond, or be a subcontractor or carrier accompanied by a bond executed on be­ tracts, awarded after competitive bid­ on a star route; except that a person who half of a surety by or through any or­ ding, and may provide box delivery, becomes a member of the immediate ganization of mail transportation con­ collection, and other service normally family of any of these after being tractors or an officer or employee of such furnished by rural carriers. awarded a contract or after being recog­ organization, nor shall any such proposal nized as a subcontractor may continue to be considered when a portion of the bond § 521.2 Establishing service. perform such contract and is eligible for premium, a commission on the bond sale, (a) Contract terms—(1) Regular con­ a renewal contract. “Immediate family”, or any other thing of value accrues to tracts. Contracts for regular star route as used in this section, means spouse and any organization of mail transportation service are made for periods of not more other persons related to the postmaster contractors or officer or employee thereof than 4 years or for the remainder of a (or assistant postmaster, or director, op­ as a result of the execution of the bond. term set for the area in which the route erations, or director, installation services, (e) . If a bond is executed by a surety operates. Terms are staggered within the at post offices having those positions in­ company, the company must be included region. stead of an assistant postmaster) or of­ in the current list of surety companies (2) Extensions. Regular contracts may ficer in charge, by blood who are regular approved by the Treasury Department be continued in force beyond their ex­ members of his household or are depend­ as acceptable on Federal bonds. The pressed terms for a period of not more ent on him for support and other per­ agent representing the company must than 6 months. The extension also sons who are regular members of his also have authority to underwrite star extends any subcontract in effect. household and who are dependent on route bid bonds on behalf of the com­ him for support. pany. (3) Renewals. Regular contracts may (d) No contract for carrying mail will (3) Restriction on postmaster par­ be renewed for additional terms of not be made with any person who has en­ ticipation. Postmasters may not: more than 4 years, without advertising, tered or proposed any combination to (i) Act as agents of contractors, sub­ at the rate of compensation prevailing prevent the making of any bid for carry­ contractors, or bidders, with or without at the end of the contract term. ing mail or who has agreed, or given or compensation, in any negotiations re­ (4) Temporary contracts. Contracts promised any consideration, to induce lating to mail service. for temporary service may be made for another person not to bid for such a (ii) Divulge the amount of any pro­ periods not to exceed 1 year, with or contract. posal they have certified. without formal advertising. (e) No contract will be made with a (4) Submitting bids. The time and (b) Obtaining bids—(1) Advertise­ person known to have been (1) con­ manner in which bids must be received ments. When necessary to request bids victed of a postal crime relating to theft in order to be entitled to consideration for regular contracts, advertisements or embezzlement of mail, funds, or prop­ are stated in the information and in­ will be distributed by the Director, Logis­ erty or (2) convicted of a crime such as structions to bidders which accompany tics Division. Allow for at least 30 days’ embezzlement, robbery, burglary, lar­ the advertisement. posting, except in emergencies when an ceny, perversion or other notoriously (c) Award of contracts—(1) R equ ire­ explanation for the shorter posting immoral acts; known to have associated ments for award, (i) Formal con­ period will be included. with known criminals; or known to have tracts for transportation of mail which (2) Requirements for bidding—(i) a record of serious moving traffic viola­ are required to be made after advertis­ Eligibility of bidders. Any person who is tions, unless he has since been rehabili-v ing will be awarded to the lowest re­ at least 21 years of age and who is a tated and has become a responsible sponsible bidder with sufficient guarantee citizen of the United States, or has filed citizen. for faithful performance under the a declaration of intention within the past (/) A married woman may contract or terms of the advertisement. 7 years to become a citizen, may submit be surety as though she were unmarried (ii) The bid of a person who willfully a proposal and enter into a contract for where the laws of the State permit. When or negligently failed to perform a former carrying the mail, subject to the a woman bids or signs a surety, whether contract may be disregarded, with con­ following restrictions: she is married or single must be stated. currence of Regional Counsel.

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 RULES AND REGULATIONS 18967

(iii) A contract may be awarded atstated in the advertisements and con­ (ii) Persons ineligible. Hie following any time within 60 days after the date tracts, as may be modified by the Di­ are ineligible to serve as carriers on star stated in the advertisement as the rector, Logistics Division. routes: closing date for the receipt of bids. A (2) For operating vehicles according (a) All postal employees, including contract may be awarded during an ad-, to law. Transportation by contractors temporaries and substitutes. ditional 60-day period on written con­ of passengers or property other than mail (b) Members of the immediate fami­ sent of the bidder and his sureties at their is subject to the following: lies of those defined in subparagraph bid price. (i) The award of a contract grants (2) (i) (c) of paragraph (b) of this sec­ (2) Execution of contract. The ac­ no special right or privilege to the con­ tion, unless they became members of cepted bidder will be required to execute tractor to transport passengers; freight, the immediate family after the contract a contract with good and sufficient or express. If the contractor desires to was awarded. sureties satisfactory to the Postal Serv­ transport passengers or cargo other than (c) Persons on parole or under sus­ ice. These sureties can be the same as mail for compensation in interstate or pended sentence for commission of a those furnished on the bid bond. foreign commerce, he must obtain au­ felony. (3) Qualification of sureties. Although thority from the Interstate Commerce (d) Persons with known criminal individual sureties on a contract need Commission. If he desires to transport records involving moral turpitude or not own real estate, they must be re­ either in intrastate commerce, he must, dishonesty. sponsible persons and competent to per­ obtain authority from the State in which (e) Persons whose traffic records form the service required by the contract he will operate, if authority is required indicate that their driving motor vehicles if called on to do so. would be hazardous. (4) Obligation of sureties on contract. by that State. He must comply with all State laws and regulations that apply to §521.3 Administration of. service. Sureties bn the contract are, in effect, carriers of passengers and cargo for hire. co-contractors, and in event of default If passengers are transported, mail must (a) Administrative postmasters. Star or removal of contractor, are responsible routes are under the supervision and for continued operation of the service. be carried in a separate compartment so passengers will not have access to administrative control of a postmaster They may also be called on to assume on the route. The Regional Director will operation of the route if the contractor the mail. designate the postmaster to whom this dies. (ii) Contractors must know and com­ authority is delegated. Postmasters at all (5) Filing contract. The successful ply with interstate and intrastate laws other offices will report irregularities, bidder must execute and file his con­ governing the operation of motor ve­ complaints, and any other local problems tract with the Director, Logistics Divi­ hicles. They must comply with all safety regarding the operation of the route to sion, within 60 days from the date of measures prescribed by State and Fed­ the administrative postmaster. acceptance of bid. eral laws and regulations governing the (b) Changes in service,. The Director, (6) Reservations. The Postal Service operation of motor vehicles and with the Logistics Division, may at any time issue reserves the right to: Interstate Commerce Commission’s Mo­ orders extending, increasing frequency, (i) Reject all bids on any route when­ tor Carrier Safety regulations issued and changing the line of travel, by allow­ ever the interest of the service requires. from time to time, to the extent stated in ing a pro rata increase in compensation (ii) Rescind the acceptance of a pro­ the advertisement and as required by for any increased service required. He posal at any time before the signing of the Postal Service. may also issue orders curtailing, reduc­ the formal contract by a representative (3) For transporting postal officials ing, frequency, discontinuing, or chang­ of the United States, without allowing and equipment, (i) Contractors and car­ ing line of travel by allowing 1 month’s indemnity. riers must transport postal inspectors extra pay on the amout of service elimi­ (iii) Suspend the award of a contract and other postal officials, on presenta­ nated and not exceeding pro rata com­ for a period not exceeding 60 days after tion of their credentials, over regularly pensation for the service retained. Ex­ the date stated in the advertisement as scheduled trips and between points speci­ tensions ordered during the contract the closing date for receipt of bids and fied in the official statement of the route, allow a corresponding extension of time term may not, in the aggregate, increase for execution of the contract. if the conveyance used is suitable. the one-way length of the route more (iv) Reject bids accompanied by (ii) Bus companies are not required than 100 miles. bonds on which there appears as surety to transport postal inspectors and other (c) Changes in schedules. The Di­ the name of a person who is not re­ officials except on vehicles carrying mail rector, Logistics Division, may issue sponsible or who is barred from bidding and between points where service is orders changing schedules of departure for any reason. authorized. and arrival, particularly to make them (v) Disregard bids of those persons (iii) The carrier will not reveal the conform to connections with railroads who have not submitted proposals in presence of a postal inspector in the car­ or other mail routes, without increase in good faith and do not intend to perform rier’s vehicle or in the vicinity of the pay. service in accordance with the terms of route. (d) Unsatisfactory service by con­ the advertisement. (iv) Contractors must convey, without tractor. Unsatisfactory service on a route (7) Tie bids. When the lowest ac­ extra charge, all post office blanks, mail by a contractor may result in letters of ceptable bids are at the same rate, pref­ bags, lock and keys, and other postal sup­ warning, fines and, in extreme cases, in erence will be given to the present plies offered them. This does not include contract forfeiture or annulment. contractor if his is one of the tie bids. furniture, letter cases, mail boxes, and (e) Payments—(1) For regular serv­ Otherwise, the selection will be made by similar items. This equipment must not ice. Payments for stated services are: lot. be shipped under penalty labels on star (1) Made by check after the expiration (8) Certification. The contractor must routes unless previously determined that of each 4-week accounting period. certify that he has not employed any the contractors involved are willing to (ii) Not made under new or renewed Person to solicit or secure the contract perform the additional work without contract until the contract is executed. upon any agreement for a commission, compensation. This does not prevent con- (2) For special-delivery service. Post­ percentage, brokerage, or contingent . tractors from handling such equipment masters may pay special delivery fees fees. He must agree not to discriminate as freight or express. to contractors and carriers when special against any employee or applicant for service is rendered. If the special delivery employment because of race, color, re­ (4) For providing carriers—(i) Quali­ mail is delivered into the customer’s box, ligion, or national origin, or sex. fications. Carriers must be: the carrier is not entitled to the fee. (9) Oath of contractor. A contractor (a) Not less than 18 years of age. (3) Readjustment of compensation. shall take the required oath when exe­ (b) Of good character, reliable, and Contract compensation may be re­ cuting his contract. trustworthy. adjusted by mutual consent for increased (d) Contractor’s responsibilities—(1) (c) Sufficiently educated to enable or decreased costs caused by changes For providing service. The contractor’s them to perform all required duties in during the contract term which could not responsibilities for providing service are a satisfactory manner. have been reasonably anticipated at the

FEDERAL REGISTER, VOL 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18968 RULES AND REGULATIONS time of contracting or renewing. Only tractor, directly or indirectly, any con­ (3) Persons who have been screened regular contractors and subcontractors sideration for subletting the contract. previously for another route. are eligible for consideration. It is un­ Such a consideration includes, but is not (4) Employees hired for an emergency lawful for a Federal official to encourage limited to, a cash payment for the agree­ of only a few days. a claim against the Government. The ment to sublet; rebates from the com­ (c) Removals. Contractors, subcon­ request must be instituted by the con­ pensation received from the Govern­ tractors, or their employees, handling tractor or subcontractor. ment; payment of unusually high priced mail or driving mail vehicles will be re­ (f) Termination— (1) Time. Star routefor equipment; and purchase of unnec­ moved if the screening process shows contracts may be terminated at the end essary operating rights. they have been (1) convicted of a postal of any 4-year term at the option of the (4) After an order has been issued crime relating to theft or embezzlement Postal Service or the contractor, or they recognizing a subcontract, payments are of mail; funds, or property or (2) con­ may be terminated at any time as pro­ made directly to and in name of the victed of a crime such as embezzlement, vided by law or by the contract terms. subcontractor. robbery, burglary, larceny, perversion, or (2) For changed service conditions. (5) The subcontract must be executed other notoriously immoral acts; have as­ Star routes may be readvertised and new for service on the whole route and for sociated with known criminals; or have contracts may be awarded to release con­ a period of not less than 1 year or for a record of serious moving traffic viola­ tractors and sureties on routes where the remainder of the contract term when tions, unless they have since been re­ undue hardships have been imposed by: less than 1 year. habilitated and have become responsible (1) An ordered change which increases (b) Requirements of subcontractors. citizens. or decreases the amount of service A subcontractor must: required. (1) Meet the legal residence and other (ii) An abnormal or sustained increase requirements of contractors as provided PART 522— MAIL MESSENGER in the quantity of mail to be carried in § 521.2(b) (2) (i) except that subcon­ SERVICE during a contract term, necessitating tractors must be not less than 18 years Sec. of age. 522.1 Description. larger equipment. 522.2 Policy. (iii) An ordered change in schedule, (2) Be in a position to supervise the 522.8 Establishing service. requiring the contractor to be away from service properly. 522.4 Administration of service. » the initial terminal much more or less (3) Be financially and morally 522.5 Payments. time than was required in the advertised responsible. 522.6 Screening. (4) Have fully adeguate and suitable schedule. Au t h o r it y : The provisions of this P-art (3) Fot inadequate compensation, (i) equipment. 522 issued under 5 U.S.C. 301, 39 UJS.C. 501, A star route may be readvertised and a (c) Assignment. Assignment or trans­ 6101, 6401-6403, 6413,6423. new contract may be awarded to release fer of a contract for transporting mail is the contractor and his sureties when, prohibited by law, except as provided in § 522.1 Description. after full investigation, compensation is the Assignment of Claims Act. A con­ This is a local mail transportation serv­ found to be wholly inadequate and con­ tract may be sublet as provided by law. ice performed by messengers designated tinuation of the contract will impose (d) Responsibility of contractor. The to collect, transport, and transfer mail undue hardship, even though conditions execution and recognition of a subcon­ between post offices, stations, and have not changed since the contractor tract does not release a contractor from branches and railroad terminals, steam­ submitted his bid. This action may be his obligation, but it relieves him of the boats, highway post office, star routes taken only when the contractor: necessity of giving the route his personal truck terminals, airport mail facilities, (a) Gives 90 days’ advance notice of supervision. and stop points in the .same or adjacent his desire to be released. (e) Termination. Subcontracts will be? communities, including collection of mail (b) Waives the 1-month extra pay au­ terminated for the following reasons: from collection boxes when so directed thorized by the contract when contracts (1) For càuse. by the Directors, Logistics and Post Of­ are canceled under this provision. (2) By request of either party to the fice and Delivery Services Divisions, it (c) Continues service until another subcontract. may be used for occasional unscheduled contract is awarded even though the ( 3 ) By death of the subcontractor. trips of intercity mail or mail equipment award may be made more than 90 days (f) Contracting with subcontractors. transportation over longer distances. after filing the advance notice. When a contractor has sublet a route in accordance with law and does not indi­ § 522.2 Policy. (4) Death of a contractor. When a cate in writing to the Postal Service at Intracity transportation of mail is per­ contractor dies, the postmaster should least 90 days before the end of the con­ formed so as to best serve the public duly immediately notify the Director, Logis­ tract term that he desires to renew, the considering cost of mail messenger serv­ tics Division, of the date and approxi­ Postal Service may enter into a contract ice compared with cost of. Government mate time of contractor’s death. If on the same terms, without advertising, vehicle service. Do not authorize mail service is not provided promptly by or with a subcontractor who has performed messenger service to carry mail between for the estate of a deceased contractor satisfactory service on the route for a an airport and a post office at which or his sureties, the administrative post­ period of at least 6 months, there is available Government vehicle master supervising the route should ar­ service operated by motor vehicle opera­ range to hire a temporary carrier at the § 521.5 Screening. tors when the one way distance is not lowest obtainable rate and advise the (a) Persons subject to screening. Each more than 35 miles. Director, Logistics Division, accordingly. contractor, subcontractor, or person em­ § 521.4 Subcontracts. ployed by a contractor or subcontractor § 522.3 Establishing service. (a) Requirements for subletting. (1) to handle mail or drive mail vehicles, ex­ (a) Authorizing service. When an im­ A contractor must obtain permission cept those listed in paragraph (b) of this mediate need for service develops, the from the Director, Logistics Division, be­ section, must be screened in accordance postmaster will employ a temporary fore subletting. Subletting without with established procedures. messenger and will immediately notify proper written consent may cause a route (b) Persons exempt from screening. the Director, Logistics Division. When the to be relet, thereby making the contrac­ The following are exempt from screen­ need for service is not immediate, the tor and his sureties liable under their ing: Director, Logistics Division, will advertise bond for damages. (1) Certificated interstate common for regular service. He may advertise carriers and their employees, if the Di­ temporary routes for regular service at (2) Subletting for an amount less than rector, Logistics Division, and the postal any time he considers it desirable. the contract rate of pay is prohibited by inspector in charge approve the contrac­ law. tor’s own security screening procedures. (b) Advertising for service. When a (3) The contractor and subcontractor (2) Civil Service personnel otherwise regular designation is necessary, the Di­ must warrant that the subcontractor has subject to investigation under Executive rector, Logistics Division, will forward not given or agreed to give to the con- Order 10450. advertisements to the postmaster at the

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 RULES AND REGULATIONS 18969 post office where service is needed. Ad­ the director, logistics division. If the § 522.5 Payments. vertisements will allow at least 10 days’ amount of any bid becomes known in (a) Certification. Postal data centers posting from date of receipt at the post any way to the postmaster, he-must not will pay messengers at the close of each office until closing date for bids. divulge it to anyone. This type of in­ accounting period after performed serv­ (c) Requirements for bidders—(1) formation may be disclosed only after ice is certified by the postmaster. Age. Mail messengers must not be under all bids have been opened, subject to (b) Readjustment of compensation. 18 years of age. public observation, by the regional bid­ Consider readjusting the pay of mail (2) ' Residence. A bidder must eitheropening committee and the information messengers by mutual consent for in­ reside on or adjoining the route on which made available as may be requested, to creased or decreased costs occasioned by service is to be performed, or file with interested parties. changed conditions which could not rea­ his bid an agreement that, if designated (2) Opening and awarding. Proposals sonably have been anticipated at the time as mail messenger, he will reside on or shall be opened in the office of the Di­ of designation. Only regular mail mes­ adjoining the route. rector, Logistics Division. The lowest ac­ sengers are eligible for this consideration. (3) Reliability. Bidders will not be ap­ ceptable bidder must be designated as the proved if they: mail messenger if award is made. Right is § 522.6 Screening. (i) Are known to have been convicted reserved to reject any or all bids if they See § 521.5 of this chapter. of a crime as listed in § 521.2(b) (2) (i) are not acceptable. of this chapter unless he has since been (e) Oaths. A regular or temporary rehabilitated and has become a respon­ mail messenger must take the required PART 523— HIGHWAY POST OFFICE sible citizen. oath prior to beginning service. SERVICE (ii) Have traffic records which indi­ (f) Employment of assistants. Messen­ Sec. cate that it would be hazardous to permit gers shall personally supervise the per­ 523.1 Description. them to operate vehicles. formance of service. They must not 523.2 Establishing service. (iii) Are unable to furnish adequate assign or sublet the service, but they may 523.3 Administration of service. 523.4 Subcontracts. equipment. employ assistants at their own expense .523.5 Screening. (iv) Are aliens. during absence from duty for short pe­ (4) Eligibility of postal employees, (i) riods. Assistants must conform to «all re­ Au th o rity : The provisions of this Part quirements stated for the messenger 523 issued under 5 U.S.C. 301, 39 U.S.C. 501, Postal employees and members of their 6351-6355. immediate families (as defined in § 521.2 himself. They must be approved by the (b) (2) (i) (c) of this chapter may or may postmaster in charge of the service. § 523.1 Description. not become bidders, messengers, or as­ § 522.4 Administration of service. Highway post offices are bus-type ve­ sistant messengers, or receive compen­ (a) Changes in service. Except in hicles operated over designated routes, sation for carrying the mail on mail authorized bjr the postal service for the messenger routes as shown on the fol­ emergencies, the postmaster must ob­ acceptance, receipt, distribution, storage, lowing chart, subject to conditions in tain authorization from the director, dispatch, and delivery of mail by mobile subdivisions (ii) and (iii) of this sub- logistics division, before changing the clerks. These vehicles are operated by paragraph. service of a mail messenger. (b) Irregularities. See § 521.3(d) of private individuals or companies under this chapter. contract with the postal service. High­ Annual rate of way post offices are set up where high­ compensation— (c) Protection of mail. Mail messen­ way transportation and en route Employee’s p o s i t i o n ------gers may be held financially liable for Exceeds $900 or distribution can appreciably advance $900 under loss or damage to mail in their custody. mail delivery to customers and afford (d) Termination of service—(1) By them expeditious dispatch of their out­ Postmaster and assistant post­ the Postal service. Service may be ter­ going mail. master at: minated by the Postal Service for cause First- and second-class offices _ Ineligible Ineligible. § 523.2 Establishing service. Third- and fourth-class offices___do_____ Eligible. or for rendering improper service. Addi­ Members of immediate family tionally, it may be terminated when (a) See § 521.2(a) of this chapter, of postmaster and assistant postmaster at: made unnecessary by changed service except contracts for highway post office First- and second-class offices___do...... Do. conditions. service may be made for periods of not Third- and fourth-class offices. Eligible Do. Special delivery messenger...... do_____ Do. (2) By the messenger, (i) Death, res­ more than 6 years; may be extended for Other postal employees______Ineligible.. Do. ignation, or abandonment of the service a period of not more than 1 year; and Members of immediate fam ily.. E ligible... Do. of postal employees other terminates the mail messenger designa­ may be renewed for additional terms of than postmaster and assist­ tion. In these cases, the director, logistics not more than 6 years. ant postmaster. division, will procure replacement serv­ Ob) Obtaining bids: See § 521.2(b) of ice. If immediate replacement service is this chapter, except subparagraph (1) (i) (ii) Any employee is ineligible if his necessary, x the postmaster will procure concerning residence does not apply and interest in mail messenger service inter­ it, and immediately notify the director, subparagraph (2) (iii) should be modified feres with his postal duties. Before ac­ logistics division. to show that the liability of HPO bid cepting an employee’s proposal or per­ (ii) When a messenger is relieved of bonds, unlike star route bid bonds, ends mitting his employment under a mail his contract obligations by being called when the contract is signed by the con­ messenger designation, the director, lo­ to military service or is compelled to sus­ tracting officer. gistics division, must get a statement pend his services because of illness or (c) Award of contract: See § 521.2(c) from the postmaster that the employee’s other valid reason, the postmaster shall of this chapter. interest in mail messenger service will ascertain whether he desires that the (d) Contractor’s responsibility: not interfere with his postal duties. messenger resume his duties when pos­ (1) Providing service. See § 521.2(d) (iii) Any employee or any member of sible. If so, the postmaster must advise (1) of this chapter. his immediate family is ineligible if the him that his designation will be con­ (2) Providing drivers. See § 521.2(d) employee has access to mail messenger tinued but that changing conditions (4) of this chapter, except drivers must files during the period when bids are be­ during his absence may necessitate its be licensed chauffeurs not less than 21 ing received. reduction or termination. If the mes­ years old. (d) Bid procedures—(1) Submitting. senger wishes td continue with this un­ (3) Transporting postal officials. The Advertisements specify that bids will be derstanding, his regular service and pay contractox.will transport on regular trips submitted to the director, logistics divi­ will be suspended pending his return. all postal officials traveling on official sion. Postmaster shall not accept bids The director, logistics division, will des­ business, on presentation of their cre­ except as sealed, postage-paid letters ad­ ignate a /temporary messenger. When dentials. The contractor or his driver dressed to the director, logistics division. temporary service can be obtained only must not reveal the presence of a postal Bids mistakenly mailed to postmasters at a higher rate, it can be authorized if inspector in his vehicle or in the vicinity should be forwarded at once unopened to the rate is reasonable. of the route.

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 N©. 242— —4 18970 RULES AND REGULATIONS (4) Transporting passengers. Con­water route service are not restricted as tractors are prohibited from carrying to residence. Title 41— PUBLIC CONTRACTS passengers in highway post office vehi­ cles, other than postal personnel and § 524.3 Administration of service. contractor’s employees. Contractors’ em­ See § 521.3 of this chapter. AND PROPERTY MANAGEMENT ployees can ride in the driver’s compart­ § 524.4 Subcontracts. Chapter 101— Federal Property ment when traveling on company busi­ Management Regulations ness directly related to highway post See § 521.4 of this chapter; except office service, when travel does not residence requirement does not apply. SUBCHAPTER B— ARCHIVES AND RECORDS interfere with safe operation of the § 524.5 Screening. PART 101-11— RECORDS vehicle. MANAGEMENT ( 5 ) Operating vehicles. The contractor See § 521.5 of this chapter. and driver are responsible for accidents Technical Assistance Services in occurring in the operation of the vehicle. PART 525— CONTRACT MOTOR Records Management The postal service is not responsible for VEHICLE SERVICE These revised regulations show the damage caused by contract vehicles Sec. availability of general paperwork systems operated by the contractor or his em­ 525.1 Description. studies provided by the National Archives ployees. The contractor must furnish 525.2 Establishing service. evidence of financial ability to cover 525.3 Administration of service. and Records Service to Federal agencies. liability for personal injuries in the 525.4 Subcontracts. The table of contents for Subpart amount of $100,000. 525.5 Screening. 101-11.10 is revised as follows: § 523.3 Administration of service. Au t h o r it y : The provisions of this Part Subpart 101—11.10— Technical Assistance 525 issued under 5 U.S.C. 301, 39 U.S.C. 501, (a) See § 521.3 (b) and (c) of this 6403, 6416. Sec. chapter, except that the 100-mile exten­ 101-11.1000 Scope. § 525.1 Description. 101-11.1001 Services available. sion limitation does not apply. New 101-11.1002 Technical advice and assistance route segments may be added if the Contract motor vehicle service is on records management pro­ original route and the new segment to similar to mail messenger service, except grams. be added have at least one common that it is provided under formal contracts 101-11.1003 Technical assistance involving terminus point. with bonds for specified terms. It is used * studies and surveys. for the same purposes as for mail mes­ 101-11.1004 General paperwork systems (b) Unsatisfactory service by con­ studies. tractor: See § 521.3(d) of this senger service. See §§ 522.1 and 522.2 of 101-11.1005 Requests for service. chapter. this chapter. Subparts 101-11.11— 101-11.48 [Reserved! (c) Payments: See § 521.3(e) of this § 525.2 Establishing service. Auth o rity : The provisions of this Subpart chapter. (a) Contract term. See § 521.2(a) of 101-11.10 issued under sec. 205(c), 63 Stat. § 523.4 Subcontracts. this chapter; except subparagraph (4). 390: 40 U.S.C. 486(c). When temporary service is required, mail See § 521.4 of this chapter; except messenger service will be used. Subpart 101-11.10 is revised as follows: residence requirements do not apply. (b) Obtaining bids. See § 521.2(b) of Subpart 101 —11.10—Technical this chapter; except subparagraph (2) Assistance § 523.5 Screening. (i)(a). For residence requirements, see See § 521.5 of this chapter. § 522.3(c) (2) of this chapter. § 101-11.1000 Scope. (c) Award of contracts. See § 521.2(c) This subpart contains information and of this chapter. procedures pertaining to the furnishing PART 524— WATER ROUTE SERVICE (d) Contractor's responsibilities. See of technical assistance services to Federal Sec. § 521.2(d) of this chapter. agencies by the National Archives and 524.1 Description, § 525.3 Administration of service. Records Service, General Services 524.2 Establishing service. Administration. 524.3 Administration of service. (a) Changes in service. The director, 524.4 Subcontracts. logistics division, will issue orders for §101—11.1001 Services available. 524.5 Screening. the extension of contract motor vehicle The following services are available to Au t h o r it y : The provisions of this Part service. Postmasters will report reduc­ Federal agencies from the National 524 issued under 5 U.S.C. 301, 39 U.S.C. 50k, tions in service requirements when they Archives and Records Service: 6101, 6103-6105, 6408, 6410, 6413, 6416, 6423, occur to the director, logistics division, so (a) Technical advice and assistance 6433. that lower rates may be negotiated. on agency records management pro­ (b) Unsatisfactory service by con­ grams and activities as described in this § 524.1 Description. tractor. See § 521.3(d) of this chapter. Water route service is used by the Part 101-11; (c) Payments—(1) Certification. See (b) Various types of studies and sur­ postal service for transporting mail be­ § 522.5(a) of this chapter, veys in records management areas; and tween post offices, or other designated (2) Readjustment of compensation. (c) General paperwork systems points, via steamboats or other power­ See § 521.3(e) (3) of this chapter. ' studies. boats when land transport is unavailable (d) Termination. See § 521.3(f) of this chapter. § 101—11.1002 Technical advice and or impracticable. It is operated under assistance on records management formal contracts, awarded after com­ § 525.4 Subcontracts. programs. petitive bidding. In addition to trans­ See § 521.4 of this chapter; except resi­ The National Archives and Records portation of mail, contracts may require dence requirements do not apply. Service provides technical advice and box delivery, collection, and other § 525.5 Screening. guidance to Federal agencies in the conduct of their records management services normally furnished by rural See § 521.5 of this chapter. carriers. activities. This includes assistance in the D avid A. N elson, development of records management § 524.2 Establishing service. General Counsel. programs concerned with the creation, See § 521.2 of this chapter, except IF.R. Doo. 70-16763; Filed, Dec. 14, 1970; organization, maintenance and use, and paragraph (b) (2) (i) (a), as bidders for 8:46 a.m.] disposition of agency records.

FEDERAL REGISTER, VOL 35, NO. 242— TUESDAY, DECEMBER 15, 1970 RULES AND REGULATIONS 18971

§ 101—11.1003 Technical assistance in­ SUBCHAPTER E— SUPPLY AND PROCUREMENT system to the point of release of output volving studies and surveys. to the user, required to meet the user PART 101-32— GOVERNMENT-WIDE requirements and specifications devel­ At the request of Federal agencies, the AUTOMATED DATA MANAGE­ oped in a general systems study. National Archives and Records Service MENT SERVICES conducts studies and surveys for agen­ § 101-32.802 General. cies involving any one or a combination Services Available From Federal Data An FDPC is located at each GSA re­ of the records management areas de­ Processing Centers gional office. Additional FDPC’s may be scribed in this Part 101-11. These studies and surveys are normally on a reim­ This amendment describes the services established where feasibility studies in­ available from Federal Data Processing dicate a need exists. GSA operated bursable basis. Centers and provides policy and proce­ FDPC’s are financed by the ADP Fund. § 101-11.1004 General paperwork sys­ dures for obtaining such services. FDPC’s operated by other agencies un­ tems studies. Part 101-32 is amended by the addi­ der a delegation of authority may be, At the request of Federal agencies, and tion of a new Subpart 101-32.8, formerly but are not necessarily, financed by the normally on a reimbursable basis, the reserved, and by reserving Subparts 101- ADP Fund. In either instance, mutually National Archives and Records Service 32.9—101-32.46, as follows: satisfactory arrangements for reim­ also conducts general paperwork sys­ bursing the FDPC for services rendered tems studies. Subpart 101—32.8— Federal Data Processing will be worked out between the request­ Centers (a) A general paperwork systems Sec. ing agency and the FDPC. study is defined as a systematic and 101-32.800 Scope and applicability of sub- § 101—32.803 Services available from detailed cost/benefit analysis which part. FDPC’s. identifies and defines systems require­ 101-32.801 Definitions. ments for effective, efficient, and eco­ 101-32.801-1 Federal Data Processing Services available from FDPC’s include nomical management and operation, Center. machine time, software, data conversion, and the alternative methods to satisfy 101-32.801-2 Detailed automatic data proc­ and personnel such as programers and these requirements; and recommends essing systems design. systems analysts capable of performing the optimum paper work systems ar­ 101-32.802 General. detailed ADP systems design. GSA re­ 101-32.803 Services available from gional ADP sharing exchanges periodi­ rangement for management approval. FDPC’s. cally issue ADP Sharegrams which The general paperwork systems study 101-32.804 Point of contact. covers all management and operating announce the availability of specific serv­ processes, whether or not electronic data Subparts 101-32.9— 101-32.46 [Reserved] ices and associated costs. processing equipment is involved. Where Au t h o r it y : The provisions of this Subpart § 101—32.804 Point of contact. electronic data processing services are 101-32.8 issued under sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c). (a) Agencies that require any of the involved, the general paperwork systems services available from FDPC’s which study will include all (1) manual and Subpart 101—32.8— Federal Data machine steps from initiation of the have not been satisfied through the pro­ Processing Centers cedures set forth in § 101-32.203 should process to prescription of output and contact the appropirate GSA regional the delivery of valid input to the com­ § 101—32.800 Scope and applicability ADP sharing exchanges as shown in Sub­ puter center and (2) processes covering o f subpart. the adequacy of the output and its use. part 101-32.48. This subpart describes the services (b) Agencies desiring assistance in the (b) A general paperwork systems available from Federal Data Processing study is not concerned with the actions performance of general systems studies, Centers (FDPC’s) and prescribes the pol­ as defined in § 101-11.1004 of this chap­ taken to convert input into automatic icy and procedures for obtaining such data processing equipment to prescribed ter, may request such assistance from computer outputs. Agencies desiring as­ services. The provisions of this subpart the National Archives and Records Serv­ sistance in such detailed automatic data are applicable to all Federal agencies. ice in accordance with the provisions of processing systems design, as defined in § 101—32.801 Definitions. § 101-11.1005 of this chapter. § 101-32.801-2 of this chapter, should As used in this subpart 101-32.8, the Subparts 101—32.9— 101—32.46 communicate with the nearest Federal Data Processing Center as provided for following terms shall have the meanings [Reserved] in that section. set forth in this § 101-32.801. Effective date. This regulation is ef­ § 101—32.801—1 Federal Data Process­ fective upon publication in the F ederal § 101—11.1005 Requests for service. ing Center. R egister. Agencies desiring any of the services “Federal Data Processing Center” Dated: December 8,1970. from GSA provided for in this Subpart (FDPC) means a data processing center, 101-11.10 should communicate with the operated either by GSA or by another R obert L. K unzig, Office of Records Management (NM), agency under a delegation of authority Administrator of General Services. National Archives and Records Service, from the Administrator of General Serv­ [F.R. Doc. 70-16778; Filed, Dec. 14, 1970; General Services Administration, Wash­ ices, performing a variety of data proc­ 8:47 a.m.] ington, D.C. 20408, or the National essing and related services for two or Archives and Records Service at the more Federal agencies. nearest GSA regional office. § 101—32.80Ì—2 Detailed automatic data Title 42— PUBLIC HEALTH Subparts 101-11.11— 101-11.48 processing systems design. [Reserved] “Detailed automatic data processing Chapter I— Public Health Service, De­ systems design” means the development partment of Health, Education, and Effective date. This regulation is ef­ of the technical data processing details, Welfare fective upon publication in the F ederal such as computer program design (main­ R egister. line and modules) processing sequences, TRANSFER OF REGULATIONS Dated: December 8, 1970. internal computer audit trails, data proc­ C ross R eference: For a document essing related edits, data processing transferring regulations from Chapter I R obert L. K unzig, housekeeping functions, internal com­ Administrator of General Services. puter logic, and related matters from to Chapter IV of Title 45, see F.R. Doc. [F.R. Doc. 70-16777; Filed, Dec. 14, 1970; the point of data conversion to machine 70-16941, infra. The parts affected are as 8:47 a.m.] sensible form or data entry for an online follows:

FEDERAL REGISTER, V O L 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18972 RULES AND REGULATIONS Former Part No. New Part No. above, and the regulations formerly Chapter I Chapter IV appearing in Chapter I of Title 42 are 56 ______456 hereby transferred to Chapter IV of 5 9 ___ 45p 7 5 _ 475 Title 42 and redesignated as follows: 76 ______476 Former Part No. New Part No. 77 __ deleted Chapter l Chapter IV 79 ______479 5 6 ______456 81 ______„ 481 5 9 ______459 7 5 _ 475 Chapter IV— Environmental 7 6 ____ 476 7 7 ______¿ deleted Protection Agency 8 1 ______481 ESTABLISHMENT OF CHAPTER AND (Reorganization Plan No. 3 of 1970 (35 P.R. RECODIFICATION OF REGULATIONS 15623)) Pursuant to Reorganization Plan No. 3 W illiam D . R uckelshaus, of 1970, which created the Environmen­ Administrator. tal Protection Agency, a new Chapter IV D ecember 11, 1970. is established in Title 42, Code of Fed­ [P.R. Doc. 70-16941; Piled, Dec. 14, 1970; eral Regulations to read as set forth 10:23 a.m.j

FEDERAL REGISTER, VOL 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18973 Proposed Rule Making

position, a letter or memorandum, or similar § 1.817—2 Treatment of capital gains DEPARTMENT OF THE TREASURY property, or any interest in any such prop­ and losses. erty, if the property was created in whole or ***** Internal Revenue Service in part by the personal efforts of, or (in the case of a letter, memorandum, or similar (b) Modification of sections 1221 and [ 26 CFR Part 1 1 property) was prepared, or produced in whole 1231. (1) * * * or in part for, any individual who owns more ^ * * * INCOME TAX than 5 percent in value of the stock of the corporation. (c) A copyright, a literary, musical, or Treatment of Letters, Memorandums ♦ * * * * artistic composition, a letter or memo­ and Similar Property and of Gains [Sec. 341 as amended by sec. 20, Technical randum, or similar property held by a and Losses From Involuntary Con­ Amendments Act 1958 (72 Stat. 1615) ; sec. taxpayer described in section 1221(3). In the case of a letter, memorandum, or versions 13(f) (4), Rev. Act 1962 (76 Stat. 1035); sec. 231(b) (4), Rev. Act 1964 (78 Stat. 105); sec. property similar to a letter or memo­ Notice is hereby given that the regula­ 514(b) Tax Reform Act 1969 (83 Stat. 643) ] randum, this (c) applies only to sales tions set forth in tentative form below and other dispositions occurring after P ar. 2. Section 1.341-6 is amended by are proposed to be prescribed by the revising paragraph (b) (2) (iv) to read as July 25, 1969. Commissioner of Internal Revenue, with ♦ * * * * the approval of the Secretary of the follows: P ar.' 4. Section 1.1221 is amended by Treasury or his delegate. Prior to the § 1.341—6 Exceptions to application of revising paragraph (3) of section 1221 final adoption of such regulations, con­ section. and the historical note to read as sideration will be given to any comments * * * * * follows: or suggestion pertaining thereto which (b) Subsection (e) asset defiined. * * * are submitted in writing, in quintupli- § 1.1221 Statutory provisions; capital cate, to the Commissioner of Internal (2) Categories of subsection (e) asset defined. assets. * * * Revenue, Attention: CC:LR:T, Wash­ Sec. 1221. Capital asset defined. * * * ington, D.C. 20224, within the period of (iv) The fourth category of subsec­ (3) A copyright, a literary, musical, or 30 days from the date of publication of tion (e) assets is property (unless in­ artistic composition, a letter or memoran­ this notice in the F ederal R egister. Any cluded under subdivision (i), (ii), or dum, or similar property, held by— written comments or suggestions not spe­ (iii) of this subparagraph) which con­ (A) A taxpayer whose personal efforts cifically designated as confidential in sists of a copyright, a literary, musical, created such property, accordance with 26 CFR 601.601(b) may or artistic composition, a letter or memo- (B) In the case of a letter, memorandum, be inspected by any person upon written random, or similar property, or any or similar property, a taxpayer for whom request. Any person submitting written interest in any such property, if the such property was prepared or produced, or comments or suggestions who desires an property was created in whole or in part (C) A taxpayer in whose hands the basis opportunity to comment orally at a pub­ by the personal efforts of, or, in the of such property is determined, for purposes lic hearing on these proposed regulations case of a letter, memorandum, or prop­ of determining gain from a sale or exchange, in whole or part by reference to the basis of should submit his request, in writing, to erty similar to a letter or memorandum, such property in the hands of a taxpayer the Commissioner within the 30-day was prepared, or produced in whole or described in subparagraph (A) or (B); period. In such case, a public hearing in part for, any individual actual or will be held, and notice of the time, place, constructive shareholder who is con­ * * * * * and date will be published in a subse­ sidered to own more than 5 percent in [Sec. 1221 as amended by sec. 514(a), Tax Reform Act 1969 (83 Stat. 643)1 quent issue of the F ederal R egister. The value of the outstanding stock of the proposed regulations are to be issued corporation. For items included in the Rar.j /. Section 1.1221-1 is amended by under the authority contained in section phrase “similar property” see paragraph revising paragraph (c) to read as 7805 of the Internal Revenue Code of (c) of § 1.1221-1. In general property is follows: 1954 (68A Stat. 917; 26 U.S.C. 7805). created in whole or in part by the per­ sonal efforts of an individual if such § 1.1221—1 Meaning o f terms. [seal] R andolph W . T hrower, * * * * * Commissioner of Internal Revenue. individual perform literary, theatrical, musical, artistic, or other creative or (c) (1)A copyright, a literary, musical, In order to conform the Income Tax productive work which affirmatively con­ or artistic composition, and similar prop­ Regulations (26 CFR Part 1) under sec­ tributes to the creation of the property, erty are excluded from the term “capital tions 341, 817, 1221, and 1231 of the or if such individual directs and guides assets” if held by a taxpayer whose Internal Revenue Code of 1954 to sec­ others in the performance of such work. personal efforts created such property, tions 514, relating to letters, memoran­ A corporate executive who merely has or if held by a taxpayer in whose hands dums, and similar property, and 516(b), administrative control of writers, actors, the basis of such property is determined, relating to certain casualty losses, of the artists, or personnel and who does not for purposes of determining gain from a Tax Reform Act of 1069 (83 Stat. 643, substantially engage in the direction and sale or exchange, in whole or in part by 646), such regulations are amended as guidance of such persons in the perform­ reference to the basis of such property follows: ance of their work, does not create prop­ in the hands of the person whose per­ P aragraph 1*. Section 1.341 is amended erty by his personal efforts. A letter or sonal efforts created such property. For by revising section 341(e) (5) (A) (iv) and memorandum addressed to an individual purposes of this subparagraph, the the historical note to read as follows: shall be considered as prepared or pro­ phrase “similar property” includes, for § 1.341 Statutory provisions; collapsible duced for him. In the case of a letter, example, such property as a theatrical corporations. memorandum, or property similar to a production, a radio program, a news­ paper cartoon strip, or any other prop­ Sec. 341. Collapsible corporations. * * * letter or memorandum, this subdivision (e) Exceptions to application of applies only to sales and other disposi­ erty eligible for copyright protection section. * * * tions occurring after July 25, 1969. (whether under statute or common law), (A)^* ^^seciion (e) asset defined * * * * * but does not include a patent or an in­ P ar. (iv) Property (unless included under 3. Section 1.817-2 is amended by vention, or a design which may be pro­ c aus^ (i) » (ii). or (lii) ) which consists of a revising paragraph (b)(1) (i) (c) to read tected only under the patent law and not copyright, a literary, musical, or artistic com­ as follows: under the copyright law.

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18974 PROPOSED RULE MAKING

(2) In the case of sales and other able year the recognized losses from such ( 1 ) * * * dispositions occurring after July 25,1969, conversions exceed the recognized gains from (ii) A copyright, a literary, musical, such conversions. or artistic composition, or similar prop­ a letter, a memorandum, or similar prop­ (b) Definition of property used in the erty is excluded from the term “capital trade or business. * * » erty, or (in the case of sales and other asset” if held by (i) a taxpayer whose (1 ) general rule. * * * dispositions occurring after July 25,1969) personal efforts created such property, (C) A copyright, a literary, musical, or a letter, memorandum, or property simi­ (ii) a taxpayer for whom such property artistic composition, a letter or memoran­ lar to a letter or memorandum, held by a was prepared or produced, or (iii) a tax­ dum, or similar property, held by a tax­ taxpayer described in section 1221(3) ; or payer in whose hands the basis of such payer described in paragraph (3) of section ♦ * * * * property is determined, for purposes of 1221. * * * * * (5) * * * determining gain from a sale or ex­ For purposes of section 1231, the phrase change, in whole or in part by reference (3) Livestock. Such term includes— “property used in the trade or business” to the basis of such property in the hands (A) Cattle and horses, regardless of age, held by the taxpayer for draft, breeding, means property described in this para­ of a taxpayer described in subdivision dairy, or sporting purposes, and held by graph (other than property described in (i) or (ii) of this subparagraph. In the him for 24 months or more from the date of subparagraph (2) of this paragraph). case of a collection of letters, memoran­ acquisition, and Notwithstanding any of the provisions dums, or similar property held by an (B) Other livestock, regardless of age, of this paragraph, section 1231(a) does individual who is a taxpayer described in held by the taxpayer for draft, breeding, not apply to gains and losses under the subdivision (i), (ii), or (iii) of this sub- dairy, or sporting pu—oses, and held by him circumstances described in paragraph paragraph as to some of such letters, for 12 months or more from the date of acquisition. (e) (2) and (3) of this section. memorandums, or similar property but ♦ * * * * Such term does not include poultry. not as to others, this subparagraph shall (e) Involuntary conversion—(1) Gen­ apply only to those letters, memoran­ * * * * * eral rule. For purposes of section 1231, dums, or similar property as to which [Sec. 1231 as amended by sec. 49, Technical the terms “compulsory or involuntary such individual is a taxpayer described Amendment” Act 1958 (72 St a.. 1642); sec. in such subdivision. For purposes of this 227, Rev. Act 1964 (78 Stat. 97); secs. conversion” and “involuntary conver­ subparagraph, the phrase “similar prop­ 212(b)(1), 514(b)(2), and 516(b), Tax Re­ sion” of property mean the conversion form-Act 1969 (83 Stat. 571, 643, 646) ] of property into money or other property erty” includes, for example, such prop­ as a result of complete or partial destruc­ erty as a draft of a speech, a manuscript, Pab^ 7. Section 1.123-1 amended, by revising paragraphs (a)/ (c) (1) (iiy, tion, theft or seizure, or an exercise of a research paper, an oral recording made the power of requisition or condemna­ for dictation purposes, a transcript of an so much of paragraph (c) as follows sub- paragraph (5) / and (e), by revising so tion, or the threat or imminence thereof. oral interview, a personal or business Losses upon the complete or part’al de­ diary, a log or journal, a corporate much of example (1) in paragraph (g) as follows the tabulation therein, and struction, theft, seizure, requisition, or archive including a corporate charter, condemnation of property are treated as office correspondence, a financial record, by adding examples (4) through (8) to paragraph (g) as follows: losses upon an involuntary conversion a drawing, a Photograph, or a dispatch. whether or not there is a conversion of A letter or memorandum addressed to an § 1.1231—1 Gains and losses from the the property into other property or individual shall be considered as pre­ sale or exchange of certain property money and whether or not the property pared or produced for him. used in the trade or business. is uninsured, partially insured, or totally (3) For the application of section 1231 (a) In general. Section 1231 providesinsured. For example, if a capital asset to the sale or exchange of property to that, subject to the provisions of para­ held for more than 6 months, with an which this paragraph applies, see graph (e) of this section, a taxpayer’s adjusted basis of $400, but not held for §1.1231-1. For the application of sec­ gains and losses from the disposition (in­ the production of income, is stolen, and tion 170 to the charitable contribution cluding involuntary conversion) of assets the loss which is sustained in the taxable of property to whi^h this paragraph ap­ described in that section as “property year 1956 is not compensated for by in­ plies, see section 170(e) and the régula­ used in the trade or business” and from surance or otherwise, section 1231 applies tions thereunder. the involuntary conversion of capital as­ to the $400 loss. For certain exceptions • * * * * sets held for more than 6 months shall to this subparagraph, see subparagraphs be treated as long-term capital gains and. (2) and (3) of this paragraph. P ar. 6. Section 1.1231 is amended by (2) Certain uninsured losses. Not­ revising so much of section 1231(a) as losses if the total gains exceed the total losses. If the total gains do not exceed withstanding the provisions of subpara­ follows paragraph (1), by revising sec­ the total losses, all such gains and losses graph (1) of this paragraph, losses tion 1231(b)(1)(C), by revising section are treated as ordinary gains and losses. sustained during a taxable year begin­ 1231 (b) (3), and by revising the historical Therefore, if the taxpayer has no gains ning after December 31, 1957, and be­ note, as follows: subject to section 1231, a recognized loss fore January 1,1970, with respect to both from the condemnation (or from a sale property used in the trade or business § 1.1231 Statutory provisions; property or exchange under threat of condemna­ and any capital asset held for more than used in the trade or business and tion) of even a capital asset held for more 6 months and held for the production of involuntary conversions. than 6 months is an ordinary loss. income, which losses arise from fire, Sec. 1231. Property used in the trade or Capital assets subject to section 1231 storm, shipwreck, or other casualty, or business and involuntary conversions— (a) treatment include only capital assets in­ from theft, and which are not compen­ General rule. * * * voluntarily converted. The noncapital sated for by insurance in any amount, (2) Losses (including losses not compen­ assets subject to section 1231 treatment are not losses to which section 1231(a) sated for by insurance or otherwise) upon applies. Such losses shall not be taken the destruction, in whole or in part, theft or are (1) depreciable business property and seizure, or requisition or condemnation of business real property held for more into account in applying the provisions (A) property used in the trade or business than 6 months, other than stock in trade of this section. or (B) capital assets held for more than 6 and certain copyrights, artistic property, 5) Exclusion of gains and losses from months shall be considered losses from a and (in the case of sales and other dis­ ain involuntary conversions. Not- compulsory or Involuntary conversion. positions occurring after July 25, 1969) astanding the provisions of subpara­ In the case of any involuntary conversion letters and memorandums; (2) timber, ph (1) of this paragraph, if for any (subject to the provisions of this subsection coal, and iron ore, but only to the extent able year beginning after D e c e m b e r but for this sentence) arising from fire, that section 631 applies thereto; and (3) 1969, the recognized losses from the storm, shipwreck, or other casualty, or from certain livestock and unharvested crops. aluntary conversion as a result of theft, of aiiy property used in the trade or See paragraph (c) of this section. , storm, shipwreck, or other casualty, business or of any capital asset held for more than 6 months, this subsection shaU * * * * * from theft, of any property used in not apply to such conversion (whether re­ (c) Transactions to which section trade or business or of any capital sulting in gain or loss) if during the tax­ applies. * * * ;t held for more than 6 months exceed

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 PROPOSED RULE MAKING 18975 the recognized gains from the involun­ Gains Losses assets held for more than 6 months. The tary conversion of any such property Gain reported in 1970 $6,000 loss upon the sale of stock is not as a result of fire, storm, shipwreck, (under sec. 453) in in­ taken into account in making such com­ stallm ent sale in 1969 of putation since it is not a loss to which sec­ or other casualty, or from theft, such tion 1231 applies. gains and losses are not gains and factory premises used in losses to which section 1231 applies and the business (including [F.R. Doc. 70-16825; Filed, Dec. 14, 1970; building and land, each 8:51 a.m.] shall not be taken into account in apply­ held for more than 6 ing the provisions of this section. The m onths) ______6,000 net loss, in effect, will be treated as an Gain reported in 1970 ordinary loss. This subparagraph shall (under sec. 453) on in­ apply whether such property is unin­ stallm ent sale in 1970 of DEPARTMENT OF AGRICULTURE sured, partially insured, or totally in­ land held for more than 6 Consumer and Marketing Service sured and, in the case of a capital asset months, used in the busi­ ness as a storage lot for [ 7 CFR Part 1136 ] held for more than 6 months, whether trucks _____ I______2, 000 the property is property used in the Loss upon the sale in 1970 [Docket No. AO 309-A17] trade or business, property held for the of warehouse, used in the production of income, or a personal asset. business and subject to MILK IN GREAT BASIN MARKETING an allowance for depre­ AREA ♦ * * * * ciation, held for more (g) Examples. * * * than 6 m onths------$5, 000 Notice of Rescheduling of Hearing on Example (i). * * * Proposed Amendments to Tentative Total gains______12,000 Since the aggregate of the recognized gains Marketing Agreement and Order ($12,500) exceeds the aggregate of the recog­ Total losses______5, 000 nized losses ($9,000), such gains and losses A notice was issued on December 2, are treated under section 1231 as gains and Since the aggregate of the recognized gains 1970 (35 F.R. 18621), giving notice of a losses from the sale or exchange of capital ($14,500 exceeds the aggregate of the recog­ public hearing to be held at the Salt assets held for more than 6 months. nized losses ($7,000), such gains and losses Lake City County Health Department are treated under section 1231 as gains and ***** losses from the sale or exchange of capital Auditorium, 610 South Second East, Salt Example (4). A, an individual, makes his assets held for more than 6 months. Lake City, UT, beginning at 10 a.m., on income tax return on a calendar year basis. Example (7). B, an individual, makes his January 6,1971, with respect to proposed During 1970 trees on A’s residential prop­ income tax return on the calendar year amendments to the tentative marketing erty which were planted in 1950 after the basis. During 1970 furniture used in his agreement and to the order, regulating purchase of such property were destroyed business and held for more than 6 months the handling of milk in the Great by fire. The loss, which was in the amount was destroyed by fire. The recognized loss, Basin marketing area. of $2,000 after applying section 165(c)(3), after compensation by insurance, was $2,000. was not compensated for by insurance or During the same year B recognized a $1,000 Notice is hereby given, pursuant to the otherwise. During the same year A also gain upon the sale of a parcel of real estate rules of practice applicable to such pro­ recognized a $1,500 gain from insurance pro­ used in his business and held for more than ceedings (7 CFR Part 900), that the ceeds compensating him for the theft sus­ 6 months, and a $6,000 loss upon the sale of said hearing is rescheduled to be held tained in 1970 of a diamond brooch pur­ stock held for more than 6 months. B has at the Salt Lake City County Health De­ chased in 1960 for personal use. A has no no other gains or losses for 1970 from the partment Auditorium, 610 South Sec­ other gains or losses for 1970 from the invol­ involuntary conversion, or the sale or ex­ ond East, Salt Lake City, UT, beginning untary conversion of property. Since the change of, property. The $6,000 loss upon at 10 a.m., on January 20, 1971. recognized losses exceed the recognized gains the sale of stock is not a loss to which from the involuntary conversion for 1970 as section 1231 applies since the stock is not Signed at Wàshington, D.C., on De­ a result of fire, storm, shipwreck, or other property used in the trade or business,, as cember 9, 1970. casualty, or from theft, of any property used defined in section 1231(b). The $2,000 loss . J oh n C. B lum , in the trade or business or of any capital upon the destruction of the furniture is Deputy Administrator, asset held for more than 6 months, neither not a loss to which section 1231 applies since the gain nor the loss is included in making the recognized losses ($2,000) exceed the Regulatory Programs. the computations under section 1231. recognized gains ($0) from the involuntary [F.R. Doc. 70-16771; Filed, Dec. 14, 1970; Example (5). The facts are the same as in conversion for 1970 as a result of fire, storm, 8:46 a.m.] example (4), except that A also recognized shipwreck, or other casualty, or from theft, a gain of $1,000 from insurance proceeds of ariy property used in the trade or busi­ compensating him for the total destruction ness or of any capital asset held for more by fire of a truck, held for more than 6v than 6 months. Accordingly, the $1,000 gain months, used in A’s business and subject to" upon the sale of real estate is considered to DEPARTMENT OF COMMERCE an allowance for depreciation. A has no other be gain from the sale or exchange of a capi- * National Oceanic and Atmospheric gains or losses for 1970 from the involuntary tal asset held for more than 6 months since conversion of property. Since the recognized the gains ($1,000) to which section 1231 Administration losses ($2,000) dp not exceed the recognized applies exceed the losses ($0) to which such gains ($2,500) from the involuntary conver­ section applies. [ 50 CFR Part 253 1 sion for 1970 as a result of fire, storm, ship­ Example (6). The facts are the same as in COMMERCIAL FISHERIES RESEARCH wreck, or other casualty, or from theft, of example (7) except that B also recognized any property used in the trade or business a gain of $4,000 from insurance proceeds AND DEVELOPMENT or of any capital asset held for more than 6 compensating him for the total destruction months, such gains and losses are included by fire of a freighter, held for more than 6 Notice of Proposed Rule Making in making the computations under section months, used in B’s business and subject Notice is hereby given that pursuant 1231. Thus, if A has no other gains or losses to an allowance for depreciation. Since the to the authority vested in the Secretary for 1970 to which section 1231 applies, the recognized losses ($2,000) do not exceed gains and losses from these involuntary con­ the recognized gains ($4,000) from the in­ of Commerce by section 8 of the Com­ versions are treated under section 1231 as voluntary conversion for 1970 as a result of mercial Fisheries Research and Develop­ gains and losses from the sale or exchange fire, storm, shipwreck, or other casualty, or ment Act, as amended (82 Stat. 957; 16 of capital assets held for more than 6 months. from theft, of any property used in the trade U.S.C. 779 et seq.), and Reorganization Example (6). The facts are the same as in or business or of any capital asset held for Plan Number 4 of 1970, effective Octo­ example (5) except that A also has the fol­ more than 6 months, such gains and losses ber 3, 1970 (35 F.R. 15627), it is proposed lowing recognized gains and losses for 1970 are included in making the computations to amend Part 253 of Title 50, Code of to which section 1231 applies: under section 1231. Since the aggregate of the recognized gains to which section 1231 Federal Regulations, as set forth below. . Gains Losses applies ($5,000) exceeds the aggregate of The purpose of this amendment is to Gain on sale of machinery, establish procedures to be used by the used in the business and the recognized losses to which such section subject to an allowance applies ($2,000), such gains and losses are Secretary in providing financial assist­ for depreciation, held for treated under section 1231 as gains and ance to State agencies for research and more than 6 m onths____ $4,000 losses from the sale or exchange of capital development of the commercial fisheries

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18976 PROPOSED RULE MAKING resources of the Nation. This amendment § 253.2 Interpretation of the authoriza­ § 253.3 General provisions. removes obsolete language, clarifies cer­ tion. (a) Designation of State agency. The tain definitions, adds coverage responsive The terms used in the Act to describe to recent legislation, and establishes uni­ Governor of each State shall notify the the authorization to the Secretary for Secretary which agency of the State form terminology. In view of the nu­ program and apportionment purposes merous changes, this amendment is set government is authorized under its laws are construed to be limited to the mean­ to regulate commercial fisheries and is forth as a complete revision of the reg­ ings ascribed in this section. ulations. The proposed amendment re­ designated to submit project proposals (a) Research and development. The and to enter into cooperative agreements. lates to matters which are exempt from words “research and development” mean An official of such agency shall certify as the rule making requirements of the Ad­ program of work, including construction to the official (s) authorized in accord­ ministrative Procedures Act (5 U.S.C. and acquisition, designed to acquire 553(a)(2)). However, it is policy that, ance with State law to commit the State knowledge of commercial fisheries re­ to participation under the Act, to sign whenever practicable, the rule making sources and their environment and to requirements be observed voluntarily. develop and apply methods and tech­ project documents, and to receive pay­ Interested persons may submit writ­ niques to enhance such commercial ments. The Secretary shall be advised ten comments, suggestions, or objections fisheries resources including their har­ promptly of any changes made in such with respect to the proposed amendment vest, conservation, and utilization. authorizations. to the Director, National Marine Fish­ (b) Raw fish harvested by domestic (b) Project proposal. A project pro­ eries Service, Department of Commerce, commercial fishermen and received posal shall be submitted for each Interior Building, Washington, D.C. within a State. The words “raw fish proposed project for approval by the Sec­ 20235, within 30 days of the date of pub­ harvested by domestic commercial fish­ retary. An approved project proposal lication of this notice in the F ederal ermen and received within a State” shall not be binding on the parties until R egister. mean aquatic plants and animals har­ incorporated in a cooperative agreement. Sec. vested by individuals, 'associations, part­ (c) Cooperative agreement. (1) After 253.1 Definitions. nerships, or corporations resident in and the Secretary has approved a project 253.2 Interpretation of the authorization. authorized to do business in any State proposal, activities to be undertaken by 253.3 General provisions. and engaged in harvesting of commer­ the cooperator and the obligation of 253v4 Use of funds. cial fisheries resources or the processing Federal funds shall be evidenced by a 253.5 Environment. and manufacturing of products there­ cooperative agreement executed by the 253.6 Water pollution control. from. Aquatic plants and animals are cooperator and the Secretary. Such Au th o rity : The provisions of this Part received within a State when transferred agreement may be amended by mutual 253 issued under sec. 8, 78 Stat. 197 (16 from a catcher vessel within the juris­ consent of the parties. U.S.C. 779f ), as modified by Reorganization diction of a State or permanently re­ (2) The cooperative agreement shall Plan No. 4 of 1970, effective October 3, 1970 moved from a fish production facility. (35 F.R. 15627). contain applicable provisions as re­ (c) Manufactured and processed fish­ quired by Federal law and regulations. § 253.1 Definitions. ery merchandise. The words “manufac­ These provisions are identified in the tured and processed fishery merchan­ As used in this part, terms shall have dise” mean commercial fisheries re­ Federal Aid for Fisheries Handbook, the the meaning ascribed in this section. sources or parts thereof after under­ most recent version of which may be ob­ (a) Secretary. The Secretary of Com­ going a change (s) contributing to or tained from the Director, National Ma­ merce or his authorized representatives. achieving a condition of readiness for rine Fisheries Service. (b) Act. The Commercial Fisheries sale. (d) Prosecution of work. (1) The Research and Development Act of 1964, (d) Developing a new commercial prosecution of work by the cooperator Public Law 83-309, 78 Stat. 197, as fishery. The words “developing a new shall be performed in a manner accepta­ amended by Public Law 90-551, 82 Stat. commercial fishery” mean establishing ble to the Secretary. Unsatisfactory per­ 957 (16 U.S.C. 779 et seq.). a commercial fisheries resource net com­ formance shall be cause for the Secre­ (c) Cooperator. A State agency par­ mon to or being utilized in a State. tary to withhold payments. Cooperative ticipating in a cooperative agreement (e) Commercial fishery failure due to agreements may be terminated or sus­ with the Secretary. pended upon determination by the Sec­ (d) Project proposal. A description a resource disaster arising from natural or undetermined causes. The words retary that satisfactory progress has not of work to be accomplished, including been maintained. objectives, procedures, cost, location, “commercial fishery failure due to a re­ and time required for completion, and source disaster arising from natural or (2) All work shall be performed in such other information as may be re­ undetermined causes” mean a serious accordance with applicable State laws disruption of a commercial fisheries re­ "except when such laws are in conflict quired by the Secretary. with Federal laws or regulations, in (e) Cooperative agreement. The con­ source affecting present or future pro­ tract for research and development ductivity. It does not include inability to which case such Federal law or regula­ activities to be carried on as provided sell raw fish or manufactured and proc­ tions shall prevail. by the Act and these Regulations. Such essed fishery merchandise. (e) Economy and efficiency of opera­ agreement shall set forth the terms and (f) Supplement and, to the extent tions. No cooperative agreement shall be conditions binding upon the cooperator practicable, increase the amounts of executed until the cooperator has shown and the Secretary, including the objec­ State funds. The words “supplement and, to the satisfaction of the Secretary that tives, procedures, costs, the term of the to the extent practicable, increase the appropriate and adequate means shall agreement, and such other provisions as amounts of State funds” mean that State be employed to achieve economy and may be appropriate. funds, to be used for at least 25 percent efficiency, including the avoidance of (f) Aquatic plants and animals. All of the cost of a project financed with undesirable duplication, in the comple­ animals and plants growing or living funds under subsection 4(a) of the Act tion of a project. in or upon water, including finfish, for research and development, will be ad­ (f) Subcontracts. In the performance shellfish, and other marine inverte­ ditional funds provided for this purpose of work under a cooperative agreement, brates, fur seals, whales and other ma­ and will not be funds diverted from ex­ subcontracts shall be solicited and rine mammals, frogs, turtles, and algae. isting commercial fishery research and awarded according to the laws and reg­ (g) Commercial fisheries resources. development activities/ ulations of the State provided the Sec­ Any aquatic plant or animal available (g) State. The word “State” means retary is satisfied that adequate steps or potentially available for harvesting the several States of the United States, with the primary intent of commercial the Commonwealth of Puerto Rico, have been taken to insure economical use as either raw or manufactured American Samoa, the Virgin Islands, and and efficient services and impartial se­ products. Guam. lection of subcontractors.

FEDERAL REGISTER, VOL 35. NO. 242— TUESDAY, DECEMBER 15, 1970 PROPOSED RULE MAKING 18977 § 253.4 Use of funds. take such action as is necessary to avoid (c) State. Any coastal State of the (a) Apportionment and obligation of pollution of water as a direct or indirect United States and the Commonwealth subsection 4(a) funds. On July 1 of each result of a contract activity. Water qual­ of Puerto Rico. year, or as soon thereafter as practicable, ity must be maintained at a level con­ (d) State agency. The department(s), the Secretary shall notify respective sistent with applicable water quality division(s), or commission(s) of a State States of the amount of funds authorized standards. empowered under its laws to manage or under subsection 4(a) of the Act and P h ilip M. R oedel, administer fish and shellfish resources apportioned to each State under subsec­ Director, or water-based recreation programs. tion 5(a) of the Act. Funds apportioned National Marine Fisheries Service. (e) Cooperator. A State agency par­ to a State in any fiscal year shall re­ December 8, 1970. ticipating in a cooperative agreement main available to it for obligation until [F.R. Doc. 70-16766; Filed, Dec. 14, 1970; with the Secretary. the end of the succeeding fiscal year, and 8:46 a.m.] (f) Coastal waters. For the purpose if unobligated at that time, such funds of this Act, coastal waters include all or shall be returned to the Treasury of the part of the mouth of a navigable or in­ United States. [ 50 CFR Part 254 1 terstate stream or body of water, bays, (b) Use of authorized funds for com­ sounds, lagoons, channels, estuaries, mercial fisheries resource disaster. (1) CONTROL OR ELIMINATION OF and other such waters. The Secretary shall cause to be published JELLYFISH (g) Jellyfish. Commonly known as in the F ederal R egister a notice that a “sea nettle,” belonging to the phylum commercial fisheries resource disaster Notice of Proposed Rule Making Coelenterata. exists at the time such a finding is made. Notice is hereby given that pursuant (h) Other such pests. All other species After such publication, project proposals to the authority vested in the Secretary belonging to the phyla Coelenterata and for restoration of commercial fisheries of Commerce under provisions of Pub­ Ctenophora which adversely affect fish, resources affected by a resource disaster lic Law 89-720, 80 Stat. 1149, as amend­ shellfish, or water-based recreation. will be given preference over other proj­ ed 84 Stat. 922 (16 U.S.C. 1201 et seq.), (i) Floating seaweed. Marine plants ect proposals with respect to the use of and Reorganization Plan Number 4 of including marine algae. funds obtained under subsection 4(b) of 1970, effective October 3, 1970 (35 F.R. (j) Project proposal. A description the Act. 15627), it is proposed to amend Part 254 of work to be accomplished, including (2) Federal funds may be used for 100 of Title 50, Code of Federal Regulations, objectives, procedures, cost, location, percent of the cost of a project proposal as set forth below. The purpose of and time required for completion, and if all the funds are obtained from appro­ this amendment is to establish proce­ such other information as may be re­ priations authorized under subsection 4 dures to be used by the Secretary in pro­ quired by the Secretary. (b) of the Act. viding financial assistance to State (3) In the event that no commercial (k) Cooperative agreement. The con­ agencies for the control or elimination of tract for research, control, or elimina­ fisheries resource disaster has occurred, jellyfish and other such pests and con­ the Secretary may, if he deems such ac­ tion of jellyfish and other such pests or trol of floating seaweed. This amendment the control of floating seaweed to be tion to be in furtherance of the purposes clarifies certain definitions, establishes of the Act, approve project proposals for carried on as provided by the Act and uniform terminology, and adds coverage the regulations in this part. Such agree­ funding under subsection 4(b) of the Act responsive to recent legislation. In view from funds carried over from previous ment shall set forth the terms and of the numerous changes, this amend­ conditions binding upon the cooperator fiscal years: Provided, however, That no ment is set forth as a complete revision project proposal from a State will be and the Secretary, including the ob­ of the regulations. The proposed amend­ jectives, procedures, costs, the term of funded under this subsection until that ment relates to matters which are ex­ State has obligated all available appor­ the agreement, and such other provi­ empt from the rule making requirements sions as may be appropriate. tioned funds, if any, obtained from ap­ of the Administrative Procedures Act (5 propriations authorized under subsection § 254.2 Funding priorities. 4(a) of the Act. U.S.C. 553(a)(2)). However, it is policy that, whenever practicable, the rule mak­ Funding priorities shall be given to (c) Use of funds for developing a new ing requirements be observed voluntarily. those activities having the greatest po­ commercial fishery. (1) Project proposals tential for controlling or eliminating related to thé development of à new Interested persons may submit written comments, suggestions, or objections jellyfish and other such pests for the commercial fishery may be approved only purposes of conserving and protecting after the Secretary determines that such with respect to the proposed amendment to the Director, National Marine Fish­ the fish and shellfish resources in proposals will reasonably accomplish the coastal waters. development of a new commercial fisher­ eries Service, Department of Commerce, ies resource within the State. Washington, DC 20235, within 30 days § 254.3 General provisions. of the date of publication of this notice (2) With respect to project proposals in the F ederal R egister. (a) Designation of State agency. A under this subsection, the Secretary may State agency authorized under its laws finance 100 percent of the cost of project Sec. to manage or administer fish or shell­ proposals. 254.1 Definitions. 254.2 -Funding priorities. fish resources or water-based recrea­ (3) a project proposal for the devel­ 254.3 General provisions. tional programs may submit project pro­ opment of a new commercial fisheries 254.4 Availability of funds. posals and enter into cooperative agree­ resource may be approved without any 254.5 Use of funds. ments with the Secretary. requirement that the State submitting 254.6 Environment. (b) Project proposal. A project pro­ the project proposal has obligated all 254.7 Water pollution control. posal shall be submitted for each pro­ apportioned funds, if any, obtained from Au t h o r it y : The provisions of this Part posed project for approval by the appropriation authorized under subsec­ 254 issued under 80 Stat. 1149 (16 U.S.C. 1201 Secretary. An approved project proposal tion 4(a) of the Act. et seq.), as modified by Reorganization Plan shall not be binding on the parties until No. 4 of 1970, effective October 3, 1970 (35 incorporated in a cooperative agree­ § 253.5 Environment. . F.R. 15627). ment. Projects contracted for shall be per­ §. 254.1 Definitions. (c) Cooperative agreement. (1) After formed in such a manner so as to be con­ the Secretary has approved a project sistent with the policies set forth in the As used in this part, terms shall have proposal, activities to be undertaken by National Environmental Policy Act of the meaning ascribed in this section. the cooperator and the obligation of 1969 (83 Stat. 852; 42 U.S.C. 4321 et seq). (a) Secretary. The Secretary of Com­ Federal funds shall be evidenced by a §253.6 Water pollution control. merce or his authorized representatives. cooperative agreement executed by the (b) Act. Public Law 89-720, 80 Stat. cooperator and the Secretary. Such In the performance of work under a 1149, as amended by Public Law 91-451, agreement may be amended by mutual cooperative agreement the State shall 84 Stat. 922 (16 UJ5.C. 1201 et seq.). consent of the parties.

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 No. 242------5 18978 PROPOSED RULE MAKING (2) The cooperative agreement shall § 254.6 Environment. opportunity to consult with representa­ contain applicable provisions as required Projects contracted for shall be per­ tives of the Administrator concerning by Federal law and regulations. These formed in such a manner so as to be con­ such designations and revisions. Such provisions are identified in the Federal sistent with the policies set forth in the consultation will take place at 1 pm., Aid for Fisheries Handbook, the most National Environmental Policy Act of December 17, 1970, in Room 320 of the recent version of which may be obtained 1969 (83 Stat. 852; 42 U.S.C. 4321 et seq.). Office of the Division of Environmental from the Director, National Marine Health, Department of Public Health, Fisheries Service. § 254.7 Water pollution control. 600 Washington Street, Boston, MA (d) Prosecution of work. (1) The In the performance of work under a 02111. prosecution of work by the cooperator cooperative agreement the State shall Mr. Doyle J. Borchers is hereby desig­ shall be performed in a manner accept­ take such action as is necessary to avoid nated as Chairman for the consultation, able to the Secretary. Unsatisfactory pollution of water .as a direct or indirect The Chairman shall fix the time, date, performance shall be cause for the Sec­ result of a contract activity. Water qual­ and place of later sessions and may con­ retary to withhold payments. Coopera­ ity must be maintained at a level con­ vene, reconvene, recess, and adjourn the tive agreements may be terminated Or sistent with applicable water quality sessions as he deems appropriate to ex­ suspended upon determination by the standards. pedite the proceedings. Secretary that satisfactory progress has P h il ip M. R oedel, State and local authorities wishing to not been maintained. Director, participate in the consultation should (2) All work shall be performed in ac­ National Marine Fisheries Service. notify the Chairman, Mr. Doyle J. cordance with applicable State laws ex­ Borchers, Air Pollution Control Office, cept when such laws are in conflict with D ecember 8,1970. Environmental Protection Agency, Room Federal laws or regulations, in which case [F.R. Doc. 70-16767; Filed, Dec. 14, 1970; 17-82, 5690 Fishers Lane, Rockville, MD such Federal law or regulations shall 8:46 a.m.] 20852. prevail. In Part 481 the following new sections (e) Economy and efficiency of opera­ are proposed to be added to read as tions. No cooperative agreement shall be follows: executed until the cooperator has shown ENVIRONMENTAL PROTECTION to the satisfaction of the Secretary that § 481.141 Berkshire Intrastate Air Qual­ appropriate and adequate means shall be AGENCY ity Control Region. employed to achieve economy and ef­ [ 42 CFR Part 481 ] The Berkshire Intrastate Air Quality ficiency, including the avoidance of un­ Control Region (Massachusetts) consists desirable duplication, in the completion CERTAIN AIR QUALITY CONTROL of the territorial area encompassed by of a project. REGIONS the boundaries of the following juris­ dictions or described area (including the (f) Subcontracts. In the performance Proposed Designation and Revision of work under a cooperative agreement, territorial area of all municipalities (as subcontracts shall be solicited and of Regions; Consultation With Ap­ defined in section 302(f) of the Clean Air awarded according to the laws and reg­ propriate State and Local Authori­ Act, 42 U.S.C. 1857h(f)) geographically ulations of the State provided the Sec­ ties located within the outermost boundaries retary is satisfied that adequate steps Notice is hereby given of a proposal of the area so delimited): have been taken to insure economical and to designate Intrastate Air Quality Con­ In the State of Massachusetts: efficient services and impartial selection trol Regions in the State of Massachu­ Berkshire County. of subcontractors. setts as set forth in the following new § 481.142 Central Massachusetts Intra­ § 254.4 Availability of funds. §§ 481.141-481.142 inclusive which would state Air Quality Control Region. be added to Part 481 of Title 42, Code of Language appearing in Appropriation Federal Regulations. It is proposed to The Central Massachusetts Intrastate Acts providing funds for this program make such designations effective upon Air Quality Control Region consists of will govern the period during which the republication. the territorial area encompassed by the funds may be obligated. boundaries of the fallowing jurisdictions In addition to the proposal to desig­ or described area (including the terri­ § 254.5 Use of funds. nate the new Intrastate Air Quality Con­ trol Regions, it is proposed to revise the torial area of all municipalities (as (a) Apportionment and obligation of boundaries of the presently designated defined in section 302(f) of the Clean Jellyfish funds. On July 1 of each year, Metropolitan Boston Intrastate Air Air Act, 42 U.S.C. 1857h(f)) geographi­ or as soon thereafter as practicable, the Quality Control Region (Massachusetts) cally located within the outermost Secretary shall notify the States through (§481.19), the Hartford-*New Haven- boundaries of the area so delimited): publication in the F ederal R egister of In the State of Massachusetts: the amount of funds authorized under Springfield Interstate Air Quality Con­ trol Region (Connecticut-Massachu­ T o w n s h ip s the Act to carry out the purpose of the setts) (§ 481.26)., and the Metropolitan Act. Federal funds are tentatively made Providence Interstate Air Quality Con­ Ashburnham. Mendon. available for obligation for a specified Ashby. Millbury. period within the fiscal year in which trol Region (Massachusetts-Rhode Is­ Athol. Millville. appropriated. If the total or any portion land) (§ 481.31), as provided for in sec­ Auburn. New Braintree. thereof is unobligated at the end of this tion 107(a) (2) of the Clean Air Act, as Barre. Northborough. amended. Berlin. Northbridge. allocation period, such funds may be Interested persons may submit writ­ Blackstone. North Brookfield. withdrawn and reallocated for obligation. ten data, views, or arguments in tripli­ Boylston. Oakham. (b) Administrative funds. The Na­ cate to the Office of the Acting Commis­ Brookfield. Oxford. tional Marine Fisheries Service will Charlton. Paxton. sioner, Air Pollution Control Office, En­ Petersham. finance its administrative cost from the vironmental Protection Agency, Room Clinton. appropriation made available by the Act. Douglas. Phillipston. 17-82, 5600 Fishers Lane, Rockville, MD Dudley. Princeton. This administrative cost shall not ex­ 20852. All relevant material received not East Brookfield. Royalston. ceed eight (8) percent of the appropria­ later than 30 days after the publication Grafton. Rutland. tion. of this notice will be considered. Hardwick. Shirley. (c) Level of Federal funding. Cost of Interested authorities of the States of Harvard. Shrewsbury. activities under cooperative agreements Connecticut, Massachusetts, and Rhode Holden. Southbridge. shall be borne equally by the Federal Hopedale. Spencer. Island and appropriate local authorities, Hubbardston. Sterling. Government and by the Cooperator. both within and without the proposed Lancaster. Sturbridge. Eligible Cooperator matching funds are regions, who are affected by or inter­ Leichestef. Sutton. those available to the Cooperator agency ested in the proposed designations and Leominister. Templeton. from any non-Federal source. revisions, are hereby given notice of an Lunenburg. Townsend.

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 PROPOSED RULE MAKING 18979

T o w n s h ips—Continued In the State of Massachusetts: Upton. West Boylston. Cit ie s Milford. Shelton. Uxbridge. West Brookfield. Beverly. Medford. New Britain. Waterbury. Warren. Westminster. New Haven. West Haven. Webster. Winchendon. Boston. Melrose. Westborough. Brockton. Newton. T o w n s h ip s Cambridge. Peabody. Cit ie s Chelsea. Quincy. Andover. Middlebury. Everett. Revere. Avon. Middlefield. Fitchburg. Worcester. Beacon Falls. Naugatuck. Gardner. Gloucester. Salem. Lynn. Somerville. Berlin. Newington. § 481.31 [Amended] Malden. Waltham. Bethany. North Branford. Marlborough. Woburn. Bethlehem. North Haven. The Metropolitan Providence Inter­ Bloomfield. Orange. state Air Quality Control Region (Rhode T o w n s h ip s Bolton. Oxford. Island-Massachusetts) (§ 481.31) pres­ Abington. Middleton. Branford. Plainville. ently is designated as the territorial area Acton. Millis. Burlington. Plymouth. encompassed by the boundaries of the Arlington. Milton. Canton. Portland. Ashland. Nahant. Cheshire. Prospect. following jurisdictions or described area CromweU. Rocky Hill. (including, the territorial area of all Avon. Natick. Bedford. Needham. Durham. Seymour. municipalities (as defined in section Belmont. Norfolk. East Granby. Simsbury. 302(f) of the Clean Air Act, 42 U.S.C. Braintree. North Reading. East Haddam. Somers. 1857h(f) ) geographically located within Bridgewater. Norwell. East Hampton. Southbury. the outermost boundaries of the area Brookline. Norwood. East Hartford. Southington. so delimited) : Burlington. Pembroke. East Haven. South Windsor. Canton. Randolph. East Windsor. Suffield. The entire State of Rhode Island. Cohasset. Reading. Ellington. Thomaston. In the State of Massachusetts: Concord. Rockland. Enfield. Tolland. Farmington. Vernon. C it ies Danvers. Rockport. Dedham. Saugus. Glastonbury. Wallingford. Attleboro. New Bedford. Dover. Scituate. "Granby. Watertown. Fall River. Taunton. Duxbury. Sharon. Guilford. West Hartford. Haddam. Wethersfield. T o w n s h ips East Bridgewater. Sherborn. Easton. Southborough. Hamden. Windsor. Acushnet. Middleborough. Essex. Stoneham. Hebron. Windsor Locks. Bellingham. Millville. Foxborough. Stoughton. Madison. Wolcott. Berkley. North Attleborough. Framingham. Sudbury. Manchester. Woodbridge. Blackstone. Norton. Hamilton. Swampscott. Marlborough. Woodbury. Bourne. Plainville. Hanover. Topsfleld. In the State of Massachusetts: Carver. Plymouth. Hansen. Wakefield. Dartmouth. Plympton. Hingham. Walpole. Cit ie s Dighton. Raynham. Holbrook. Watertown. Chicopee. Springfield. Fairhaven. Rehoboth. Hudson. Wayland. Franklin. Holyoke. Westfield. j Rochester. Hull. Wellesley. Northampton. Freetown. Sandwich. Ipswich. Wenham. Halifax. Seekonk. Lexington. West Bridgewater. T o w n s h ip s Kingston. Somerset. Lincoln. Weston. Agawam. LakevUle. Swansea. Ludlow. Lynnfield. Westwood. Amherst. Middlefield. Mansfield. Wareham. Manchester. Weymouth. Marion. Belchertown. Monson. Westport. Marblehead. Whitman. Blandford. Mattapolsett. Wrentham. Montgomery. Marshfield. Wilmingtbn. Brimfleld. Palmer. It is now proposed to: (1) Add Barn­ Maynard. Winchester. Chester, Pelham. stable, Brewster, Chatham, Chilmark, Medfield. Winthrop. Chesterfield. Plainfield. Dennis, Eastham, Edgartown, Falmouth, It is now proposed to:. (1) Add Bolton, Cummington. Russell. Easthampton. Southampton. Foxborough, Gay Head, Gosnold, Har­ Boxborough, Holliston, Hopkinton, and East Longmeadow. Southwick. wich, Mashpee, Medway, Milford, Nan­ Stow Townships, in the State of Massa­ Goshen. South Hadley. tucket, Oak Bluffs, Orleans, Province- chusetts, to the Region; and (2) delete Granby. Tolland. town, Tisbury, Truro, Wellfleet, West Foxborough Township, in the State of Granville. Wales. Tisbury, and Yarmouth Townships, in Massachusetts, from the Region. Hadley. Ware. the State of Massachusetts, to the Re­ Hampden. Westhampton. gion; (2 L delete Blackstone and Millville § 481.26 [Amended] Hatfield. West Springfield. The Hartford-New Haven-Springfield Holland. Wilbraham. Townships, in the State of Massachusetts, Huntington. Williamsburg. from the Region; and (3) change the Interstate Air Quality Control Region Longmeadow. Worthington. name of the Region to the Metropolitan (Connecticut-Massachusetts) (§ 481.26) Providence-Southeastern Massachusetts presently is designated as the territorial It is now proposed to add Franklin Interstate Air Quality Control Region. area encompassed by the boundaries of County, in the State of Massachusetts, to the following jurisdictions or described the Region. § 481.19 [Amended] area (including the territorial area of This action is proposed under the au­ The Metropolitan Boston Intrastate all municipalities (as defined in section thority of sections 107(a) and 301(a) of Air Quality Control Region (Massachu­ 302(f) of the Clean Air Act, 42 U.S.C. the Clean Air Act, section 2, Public Law setts) (§ 481.19) presently is designated j? the territorial area encompassed by 1857h(f) ) geographically located within 90-148, 81 Stat. 490, 504; 42 U.S.C. 1857c- the boundaries of the following jurisdic­ the outermost boundaries of the area so 2(a), 1857g(a). tions or described area (including the delimited) : Dated: December 11,1970. territorial area of all municipalities (as In the State of Connecticut: defined in section 302(f) of the Clean William D. R uckelshaus, lr Act> 42 U.S.C. 1857h(f) ) geographi­ C it ie s Administrator, Environmental cally located within the outermost An soni a. Hartford. Protection Agency. Bristol. Meriden. [FJR. Doc. 70-16942; Filed, Dec. 14, 1970; oundaries of the area so delimited) : Derby. Middletown. 10:23 ajn.]

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18980 PROPOSED RULE MAKING mum take, (2) existing certificate con­ FEDERAL POWER COMMISSION ditions relating to minimum take, (3) necessity for the proposed rule, (4) modi­ [ 18 CFR Part 154 ] fications or exceptions that should be [Docket No. R-400] made if the rule is adopted as set forth in the Commission notice, and (5) any LIMITATION ON PROVISIONS IN NAT­ other relevant matters. URAL GAS RATE SCHEDULES RE­ G ordon M. G rant, LATING TO MINIMUM TAKE PRO­ Secretary. VISIONS [F.R. Doc. 70-16809; Filed, Dec. 14, 1970; Notice of Conference 8:50 a.m.] D ecember 7, 1970. Take notice that on January 6, 1971, a conference will be held pursuant to the FEDERAL RESERVE SYSTEM provisions of the notice of proposed rule- [12 CFR Part 204 1 making in Docket No. R-400 (18 CFR Part 154, 35 F.R. 15163), and in response RESERVES OF MEMBER BANKS to the request of Phillips Petroleum Co. Currency and Coin The conference will be held at 10 a.m. in Room 2043 in the Federal Power Com­ Cross R eference: For a document mission, 441 G Street NW., Washington, withdrawing a notice of proposed rule DC. The Commission staff proposes an making published on June 9, 1970, at agenda consisting of discussion of: (1) 35 F.R. 8892, see F.R. Doc. 70-16775, Title Present contractual limitations on mini- 12, Chapter II, Part 204, supra.

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18981

Notices

will be centered on the left sleeve ap­ b. Wear-out period. On and after Jan­ POST OFFICE DEPARTMENT proximately three-quarter inch below uary 1, 1972, shirts with the old emblem the shoulder sleeve seam. and craft tabs may not be worn. UNIFORM QUALITY CONTROL Effective January 1,1971, payment will 3. Jackets and surcoats. Effective Jan­ PROGRAM be authorized only for* purchases of uary 1, 1971, jackets and surcoats pur­ sweaters with the new emblem attached. chased by motor vehicle employees shall Optional Fabric Specifications for This applies to all crafts for whom sweat­ no longer have the present breast craft Uniform Clothing ers are an authorized uniform item. tabs—“U.S. Mail” above right breast The Post Office Uniform Quality Con­ 4. Uniform items for motor vehiclepocket and “Vehicle Service” above the trol Office, U.S. Army Natick Labora­ employees. The Post Office Uniform left, breast pocket. On and after Janu­ tories, has issued specifications for a dur­ Quality Control Office, U.S. Army Natick ary 1, 1971, payment will be authorized able press fabric for optional use in Laboratories, has issued new specifica­ only for purchase of jackets and surcoats the manufacture of uniform shirts and tions for two versions of a uniform cap with the new emblem and the new craft blouses. for motor vehicle employees. These new tab attached. 1. Shirts and blouses—a. Fabric. Effec­ specifications provide for a uniform cap a. Insignia. The new emblem and craft tive January 1, 1971, uniform shirts and in a dark blue shade and a cap in the pocket tab shall be worn on motor ve­ blouses manufactured in broadcloth, pol- same shade with removable cover for hicle jackets and surcoats. The emblem yester/cotton, conforming to PODUQC— optional purchase. will be centered on the left sleeve ap­ No. 6A, PO Blue 5001, are authorized for Requirements covering these items and proximately three-fourth inch below the purchase under the uniform allowance effective date for purchase are specified shoulder sleeve seam. The craft tab shall program. Garments manufactured^ in below: be centered one-half inch above left the new durable process fabric must be 1. Caps—a. Cap' (regular). Specifica­breast pocket. manufactured in accordance with speci­ tion PODUQC No. 33A. Only authorized b. Wear-out period. On and after Jan­ fications PODUQC—No. 2A, 3A, 8A (male and specified uniform fabrics in color uary 1, 1972, jackets and surcoats with shirts) 12 and 13 (female blouses). POD Blue 5013 (dark blue) shall be the old insignia and breast craft tabs may Shirts and blouses meeting the above used in the manufacture of this cap. The not be worn. Payment is authorized for fabric and design specifications are au­ specification provides for caps to be purchases of the new emblem and craft thorized for all categories of uniformed made as follows: tab for employees who wish to replace employees. 1. Cover—PO Blue (new dark blue the old insignia on garments presently in b. Insignia. The new emblem shall be shade), oval crown. their possession. 4. Payment for fabric. Employees may worn on these newly authorized shirts 2. Chinstrap—Black vinyl strap. be reimbursed for purchases of piece and blouses. The emblem will be cen­ 3. Braid—Ultramarine blue No. 65010. goods for use in home sewing of items tered on the left sleeve approximately 4. One Round Badge Eyelet.—Set ap­ of uniform apparel authorized for the three-quarter inch below the shoulder propriately above top of band in bevel of employees’ craft. Payment shall not be sleeve seam. No craft tab shall be worn cap at front. made for purchases of piece goods for on shirts and blouses. b. Cap (removable cover). Specifica­ home sewing of any item that is not an c. Quality control provisions. Em­ tion PODUQC No. 45. This specification authorized uniform garment for the ployees are reminded that the Quality covers the requirements for frame and craft concerned. Control Certificate number must be used removable cover. All other requirements 5. Emblems—a. New emblem on gar­ on a label attached to each garment in­ are the same as 4(la) above. ments. It has come to our attention that dicating that the garment has been pro­ c. Effective dates. Effective January 1, some uniform manufacturers and ven­ duced in accordance with requirements 1971, only items manufactured in accord­ dors are sewing the new emblem over of the Postal Service’s fabric, color, and ance with the above cap specifications the old emblem. Such garments are not manufacturing specifications. Checking are authorized for purchase. Payment acceptable. The old emblem must be re­ for this certificate Will assure employees will be made for the above uniform caps, moved before the new emblem is at­ they are receiving the quality of uniforms purchased on and after January 1, 1971, tached. Employees are hereby notified specified for postal employees. The qual­ only if they are manufactured in con­ that unless the old emblem and craft tab ity control provision applies to all uni­ formity with the new specifications. are removed from the garments before form garments except shoes. b. Wear-out period. On and after Jan­ the new emblem is attached, such gar­ 2. Raihgear. The new emblem must ments are not acceptable for payment uary 1, 1972, motor vehicle employees under the uniform allowance program. be sewn on raingear purchased on and may not wear uniform caps which con­ after January 1, 1971. The emblem will form to prior specifications. b. Oversize emblem. The enlarged be centered on the left front in line with version of the new emblem is to be used 2. Shirts. Effective January 1, 1971,only in cases where it is necessary to the second snap fastener of the coat uniform shirts purchased by motor ve­ front. On the shortie raincoat, it shall cover the area on garments when the old hicle employees will no longer have the emblem and craft tab are removed. be centered on the breast pocket below two breast pocket craft tabs attached. the flap. No craft tab is required on Manufacturers and vendors shall not raingear. Motor vehicle employees will wear shirts sew the enlarged version of the emblem meeting the same specifications, color on new uniform garments. We wish to Effective January 1,1971, payment will and fabric worn by all uniformed emphasize that the enlarged version of be authorized only for purchases of rain­ categories. the emblem is to be used only in cases gear with the new emblem attached. All On and after January 1,1971, payment where the area from which the old raingear must meet the specifications an­ shall be authorized only for purchases of emblem and craft tab is removed has nounced in the F ederal R egister of June shirts with the new emblem sewn on the become faded or the old stitches are 1970. This applies to all uniformed left sleeve. obviously unsightly. crafts for whom raingear is an author­ ized uniform item. a. Insignia. The new emblem shall be (5 U.S.C. 301, 31 U.S.C. 686, 39 U.S.C. 501. the only insignia worn on shirts. The 3116) 3. Sweaters. The new emblem must be emblem will be centered on the left sleeve David A. Nelson, sewn on all sweaters purchased on and approximately three-quarter inch below General Counsel. alter January 1, 1971. Craft tabs are the shoulder sleeve seam. No craft tab [F.R. Doc. 70-16764; Filed, Dec. 14, 1970; not required on sweaters. The emblem shall be worn on shirts. 8:46 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18982 NOTICES The lands aggregate 23,239.08 acres. the Act of June 28, 1934 (48 Stat. 1269), DEPARTMENT OF THE INTERIOR 4. These lands contain abundant as amended, which are not otherwise stands of Joshua trees. At the April 9, withdrawn or reserved for a Federal use Bureau of Land Management 1970 public hearing on Classification A or purpose. 4445 held in Kingman, Ariz., the Mohave 3. The notice of proposed classification [Serial No. A 5927] County Board of Supervisors and local of these lands was published October 7, ARIZONA residents requested that these Joshua 1970 in 35 F.R. 15767 and was widely tree forest lands be retained in public publicized. All comments received en­ Notice of Classification of Public ownership. dorsed the proposal and the classifica­ Lands for Multiple-Use Manage­ 5. The public lands classified in this tion is made as proposed. ment notice are shown on maps on file and 4. The public lands described below are D ecember 8, 1970. available for inspection in the Kingman located approximately 8 miles west and 1. Pursuant to the Act of Septem­ Resource Area Office, Radar Hill, King- 1 mile south of Pima, Ariz., as shown on ber 19, 1964 (78 Stat. 986; 43 U.S.C. man, AZ 86401, and the Land Office, maps on file and available for inspection 1411-18) and to the regulations in 43 Bureau of Land Management, Room in the Land Office, Bureau of Land Man­ CPR Parts 2400 and 2460, the public 3204, Federal Building, 230 North First agement, Federal Building, 230 North. lands described below are hereby classi­ Avenue, Phoenix, AZ 85025. First Avenue, Phoenix, Ariz., and in the fied for Multiple-Use Management. Pub­ 6. For a period of 30 days, interested Safford District Office, 1707 Thatcher lication of this notice segregates all the parties may submit comments to the Sec­ Building, Safford, Ariz. public lands described in this notice retary of the Interior, LLM 320, Wash­ The land is legally described as follows: ington, D.C. 20240. from appropriation under the agricul­ G ila and Salt R iver M eridian, Arizona tural land laws (43 U.S.C., Parts 7 and J oe T. F allini, 9; 25 U.S.C., sec. 334) and from sale State Director. GRAHAM COUNTY under section 2455 of. the Revised [P.R. Doc. 70-16779; Piled, Dec. 14, 1970; T. 6 S., R. 23 E., Statutes (43 U.S.C. 1171). These lands 8:47 a.m.] sec. 26, sw % sw y4; should remain open to all other forms Sec. 27, SW % and SE % SE %; of appropriations, including the mining Sec. 34, N^NWy4. and mineral leasing laws. As used in this [Serial No. A 5945] The area described aggregates approx­ order, the term “public lands” means ARIZONA imately 320 acres. any lands withdrawn or reserved by 5. For a period of 30 days, interested Executive Order No. 6910 of Novem­ Notice of Classification of Public parties may submit comments to the Sec­ ber 26, 1934, as amended, or within a Lands for Multiple-Use Manage­ retary of the Interior, LLM 320, Wash­ grazing district established pursuant to ington, D.C. 20240. the Act of June 28, 1934 (48 Stat. 1269) ment D ecember 8, 1970. J oe T. F allini, as amended, which are not otherwise State Director. withdrawn or reserved for a Federal use 1. The public lands described below or purpose. contain fossilized mammal tracks and [F.R. Doc. 70-16780; Filed, Dec. 14, 1970; 2. The notice of proposed classifica- bones which have been identified as hav­ 8:47 a.m.] . tion of these lands was published Octo­ ing unusual scientific and recreational ber 7, 1970 in 35 F.R. 15766 and 15767 value. The criteria for classification of [Serial No. A 2696 A] and was widely publicized. No comments land for multiple-use management as adverse to the proposal were received found in 43 CFR 2420.2(c)(5) provide ARIZONA and the classification is made as pro­ for the retention of land which contains public values which would be lost if Notice of Classification of Public posed. Lands for Multiple-Use Manage­ 3. Public lands classified are located transferred out of Federal ownership. in Mohave County, Ariz., and are Tracks include those of antelope and ment D ecember 8, 1970. described as follows: camel. Retention of these lands in Fed­ eral ownership will allow for ■further 1. Pursuant to the Act of September G ila and Salt R iver Meridian, Arizona scientific investigation and study of the 19, 1964 (43 U.S.C. 1411-18) and to the T. 27 N„ R. 17 W., area and for future interpretation of the regulations in 43 CFR Part 2400 and Sec. 2, lots 1 to 4, inclusive, S^N%, SW14. area’s historical significance. 2460, the public lands described below and Wi/2SEi4; 2. Therefore, pursuant to the Act of are hereby classified for Multiple-Use Sec. 4, lots 1 to 4, inclusive, S% N y, and September 19, 1964 (43 U.S.C. 1411-18), Management, Publication of this notice sy 2; Sec. 6, lots 1 to 7, inclusive, S^NE1^, SE[4 and to the regulations in 43 CFR Parts has thé effect of segregating the public Nwy4) E%SW]4 » and SE%; 2400 and 2460, the public lands described lands described in paragraph 4 from sale Secs. 8, 10, 12, 14, and 16; below are hereby classified for Multiple- under the Public Land Sale Act of Sep­ Sec. 18, lots 1 to 4, inclusive, E y2, and Use Management. Publication of this tember 19, 1964 (43 U.S.C. 1421-27), Ei/2Wi/2. notice has the effect of segregating the from private exchange (43 U.S.C. 315g T. 28 N., R. 17 W., public lands described in paragraph 4 (b) ) ; from State exchange (43 U.S.C. Sec. 2, lots 1 to 4, inclusive, S ^ N1/2, and from sale under the Public Land Sale 315g(c) ) ; from State selection (43 U.S.C. Si/2; Act of September 19, 1964 (43 U.S.C. 851, 852) ; from R.S. 2477 (43 U.S.C. Sec. 4, lots 5 to 8, inclusive, S%Ny, and 1421-27) ; from private exchange (43 sy 2; 932) ; and from appropriation under the Sec. 6, lots 8 to 14, inclusive, S^NE1/*, SE[4 U.S.C. 315g(b) ) ; from State exchange agricultural land laws (43 U.S.C. Parts 7 NWy4, Ey2SW[4, and SE}4; (43 U.S.C. 315g(c) ) ; from State selection and 9, 25 U.S.C. 334) ; from sale under Secs. 8,10,12,14, and 16; (43 U.S.C. 851, 852) ; from R.S. 2477 (43 section 2455 of the Revised Statutes (45 Sec. 18, lots 1 to 4, inclusive, E y2 , and U.S.C. 932); and from appropriation U.S.C. 1171) ; and from appropriation Ey2wy2; under the mining laws. By Notice of under the mining laws. As used herein, Secs. 20, 22,24,26, and 28; Classification A 467, published in the Sec. 30, lots 1 to 4, inclusive, E and “public lands” means any lands with­ y2, April 27, 1967, F ederal R egister, these Ey2w y 2; drawn or reserved by Executive Orde Sec. 32, Ny2, and Ny2Sy2; lands have been previously segregated No. 6910 of November 26,1934, as amend­ ggQ 34* from appropriation under the agricul­ ed, or within a grazing district esta - Sec. 36, N y2 , and N%S*/&. tural land laws (43 U.S.C. Parts 7 and 9, lished pursuant to the Act of Jthie "7’ T. 27 N., R. 18 W., and 25 U.S.C. 334) and from sale under 1934 (48 Stat. 1269), as amended, whicn Sec. 2, lots 1 to 4, incluivse, Sy.Ny,, and section 2455 of the Revised Statutes (43 are not otherwise withdrawn or reserve sy2; U.S.C. 1171). As used herein, “public Sec. 4, lots 1 to 4, inclusive, Sy2Ny2, and lands” means any lands withdrawn or for a Federal use or purpose. sy2; reserved by Executive Order No. 6910 of 2. The lands involved lie on the north / Secs. 10,12,14, and 16. November 26,1934, as amended, or within and south rims of the Aravaipa Canyon I T. 28 N., R. 18 W., in Pinal County, Ariz. The public lands Secs. 12,14, 24, and 26. a grazing district established pursuant to

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 NOTICES 18983 in the Canyon were classified for multi­ of November 26, 1934, as amended, or Sec. 26, lot 1, NWNEW, N*/jKW]4; ple-use on November 23, 1968 and des­ (2) within a grazing district established Sec. 27, Ny2NEV4; ignated by secretarial order on January pursuant to the Act of June 28, 1934 (48 Sec. 28, lots 5, 6, 7, and 8, NEWNWW. 10, 1969 as the Aravaipa Canyon Primi­ Stat. 1269); as amended, which are not sy2NW- tive Area. Inclusion of this additional T. 17 S„ R. 4 E., otherwise withdrawn or reserved for a Sec. 30, lots 1, 2, and 3, EWEW: public land is necessary to provide for Federal use or purpose. Sec. 31, lots 3 and 4, NEWSWW; proper administration, protection and 3. Comments received following pub­ Sec. 32, Ni/2NEi4, SEWNEW. NWy4NW%, use of the outstanding public values of lication of the notice of proposed clas­ SEWSWW, NEWSEW. SWWSEW; the Canyon area. sification (35 F.R. 14565) on Septem­ Sec. 33, EWNEWSEW, SWWNEWSEW. SW 3. The notice of proposed classification ber 17, 1970 and after the hearing held NWWSEW; of these lands was published October 7, in Spring Valley on October 15, 1970, Sec. 34, lots 1, 2, 3, 4, 5, 6 , 7, 8, 9, and 10, NEW, NEi/4NWy4, n y2 SE w ; 1970 in 35 F.R. 15766. On July 22, 1970, were generally favorable. There are no Sec. 35 lots 1 and 2, 5, 6, 7, and 8, NEW, a public meeting was held in San Manuel, changes in the classification from the NWy4 ,NWi/4SWy4; Ariz., to discuss a management plan for proposed classification. Sec. 36, lots 2, 3, and 4, SWWNEW. SW the public lands in the Aravaipa Canyon Nwy4, sy2sww. wwsew- area. It was proposed at that time that 4. The following described lands T. 18 S„ R. 4 E„ the lands listed below be added to the located within San Diego County are Sec. 1, lots 1, 2, and 3, SEWNEW, SEW Primitive Area. There has been general classified for multiple-use management. NWW, SWWSWW. SEW; Sec. 2, lots 1, 2, 3, 4, SWNW, SW; public endorsement of the proposal. San Bernardino Meridian, California 4. As provided in paragraph 1 above, Sec. 3, lot 1 ; T. 17 S ., R. 1 E„ Sec. 10, lot 8, SEWSEW; the public lands in the areas described Sec. 8. NWNEW; Secs. 11,12 and 13; below are segregated from sale, exchange, Sec. 29, WWSEW- Sec. 14, lo t 1, NW, NWSWW. SEWSWW. selection, and from appropriation under T. 18 S„ R. 1 E., SEW; the agricultural and mining laws. Sec. 18, SEWNWW- Sec. 15, lots 1, 2, 4, 6 , 13, and 14, EWNEW, T. 17 S„ R. 2 E., swwsww, n e w s e w ; G ila and S alt R iver Meridian, Arizona Sec. 2, lots 1 and 2; Sec. 21.SW SW ; T. 6 S.. R. 18 E., Sec. 9, SEWSWW, S ^ S E ft; Sec. 22, lots 1, 6, 7, and 12; Sec. 13, NWSEW: Sec. 10, SW1/4SWI4 . Sec. 23, NEWNEW; Sec. 14, NEWNWW. SEWNEW, and NW T. 18 S., R. 2 E., Sec. 24, lots 11 and 13, NWNWW. SWW SEW; Sec. 1, SEWNEW: sww, SEWSEW; Sec. 17, NWWSEW. SEWSEW. NEWSWW. Sec. 2 , Sy2NWW. NWSWW. SEWSWW, Sec. 25, lots 1, 2, 3, and 4; and SWWSWW- SWV4SE&; Sec. 28, lots 1. 2, 3, and 4, NWNW; Sec. 3 , Sy2NEW: Sec. 29, NEWNEW. 5. The lands described above aggregate Sec. 7. lots 5 and 6, SWEWWWSWWNWW. T. 14 S., R. 5 E., 400 acres. SEWSWWNWW: Sec. 1, lots 1, 2, 3, and 4, SWNWW; 6. The lands classified in this notice Sec. 8, S^NE»/4, SWVi. Wy2SEV4; Sec. 2 , lots 1 and 2 , Wy2SWW; are shown on maps on file and available Sec. 9, NW%NE»/4, NEWNWW, SWNWW; Sec. 3, SWWNWW. Sy2; for inspection in the Land Office, Bureau Sec. 1 1 , Wy2NEW, NE&NW&; Sec. 4, lots 3 and 4, Sy2NW. SW: Sec. 12, Ny2; Sec. 5, lots 1, 2,3, 4, Sy2NW, Sy2; of Land Management, Federal Building, Sec. I3, s y 2sw v4; Sec. 6, lots 1 and 8, SEWNEW, SEWNWW. 230 North First Avenue, Phoenix, AZ, Sec. 15, EWSWW. S%SE]4; e w s w w . s e w ; and in the Safford District Office, Bu­ Sec. 22, NWNEW: Sec. 7, NEWEWSEW; reau of Land Management, Safford, Ariz. Sec. 23, Si/2NEV4 ; Secs. 8 and 9; 7. For a period of 30 days, interested Sec. 24, NEWNWW, SWNWW- Sec. 10, NWWNEW. WW: T. 17 S„ R. 3 E., Sec. 11, SWWSWW. NWWSEW. SWSEWî parties may submit comments to the Sec. 19, NWNEW: Secretary of the Interior, i .t .m 320, Sec. 12, NWNEW. EWNWW. Ny2SWWSWW Sec. 25, NW, Ni/2SWy4 , SWWSWW, NEW s w w . s w w s e w ; Washington, D.C. 20240. SE14. NWNWWSEW, SE%SEW; Secs. 13 and 14; Sec. 26, NW, NWSWW. SEWSWW. SEW; J oe T . F allin i, Sec. 15, SWWNEW. SEWNWW. EWSWW, Sec. 27. Ni/2, SWW, Ny2SEW; s e w ; State Director. Sec. 28, SEWNEW, NWW, WWSWW. EW Sec. 17, NWW; [Pit. Doc. 70-16781; Piled, Dec. 14, 1970; SEW; Sec. 20, SEWSEW; 8:47 a.m.] Sec. 29. NEW. EWSEW; Sec. 22; Sec. 30, SW&NE14, WWSEW; Sec. 23, NW, NWSWW; Sec. 31, lots 2 and 3. NWWNEW, SEW; Sec. 24; [R—3342] Sec. 32. Ey2NEV4, NEWSEW; Sec. 25, NEW, SEWNWW, NEWSWW. SW Sec. 33, Ey2SEV4, Ey2SW^SEV4; SWW. SEW; CALIFORNIA Sec. 34, SEWNEW. Sy2; Sec. 26, SEWNEW, NWW, SWW. EWSEW, Sec. 35, Ny2Ny2, SWW NEW: Notice of Classification of Public Sec. 35, EWNEW, NWNWW, SWWNWW, Sec. 36. NWy4NEV4, Ny2NWt4 , SEWNWW, n w w s w w . s e w . Lands for Multiple-Use Manage­ Ny2NEi/4 SWV4. SE14 . T. 17 S., R. 5 E., ment T. 18 S., R. 3 E., Sec. 1, lot 1; Sec. 13, lots 5, 8, 9, and 14, NEW, WWSEW. November 23, 1970. SE ^ SE ^4 ! Sec. 3, lots 1, 2, 3, and 4, SWNEW, SEW Sec. 14, wy2; 1. Pursuant to the Act of Septem­ NW!4, NEWSWW. sy 2 sw & , WWSEW; Sec. 15, SEWNEW, NWSWWNWW, SW ber 19.1964 (78 Stat. 986; 43 U.S.C. 1411- Sec. 4, lots 1 , 5, 6 , and 7 ; s w w s w w n w w . s e w s w w n w w , SW 18) and to the regulations in 43 CFR Sec. 5 , SW&NEV4 . sy2NWW; SEW; Sec. 6 . lots 1, 2, and 4, SWNEW, EWSEW; arts 2410 and 2460, the public lands in Sec. 20, S W SW W NE W SE Sec. 7, lot 1 , NWWNEW; w ; paragraph 4 are classified for multiple- Sec. 9, NEWNEW. SWNEW. SEWNWW. NW Sec. 21, NEWSWW, NWNWWSWW, SW use management. SW: s e w n w w s w w , n w w s e w , s e w s e w ; 2- Publication of this notice has the Sec. 10, Wi/aNE^, NWy4, Ny2SWW. SEW Sec. 22, lots 1 and 2, NEW, EWNWW, SWW, enect °f segregating all public lands swy4, wy2SEV4; WWSEW; Sec. 11, NEWSEW; Sec. 23, lot 1, NW; aescnbed below from appropriation only Sec. 24, lots 1 , 10, 14, 24, and 26, NWNEW; fr^er the agricultural land laws (43 Sec. .12, NWWNEW, SWNEW. SEWNWW, Sec. 25, EW; NWSWW. SEWSWW. NWWSEW; chs. 7 and 9; 25 U.S.C. sec. 334), Sec. 15.SWV4; Sec. 26, lots 4, 5, and 8; ana from sale under section 2455 of the Sec. 16, SEWSEW; Sec. 27, lots 1, 9, and 10, WWWW; «evised Statutes (43 U.S.C. 1171). The Sec. 17, Sy2SEV4 ; Sec. 28, EWNEWSEW: anas shall remain open to all other ap- Sec. 20, NWWNEW. EWNWW; Sec. 29, lots 37 and 48; Sec. 21, SWW; pucable forms of appropriation includ- Sec. 31, lots 6 , 7, 11, and 12; g tne mining and mineral leasing laws. Sec. 22, NEWNEW. SEWSWW. Sy2SE%; Sec. 23. Ny2NWW, SWWNWW, NWSEW Sec. 33, NEWNEW; in tllis order» the term “public NWi4, SWW. SV4SEV4; Sec. 34. NWNWW, NEWSEW; as means any lands (1) withdrawn Sec. 24, NyaNW ftSW ftSW ^, SWSW% reserved by Executive Order No. 6910 Sec. 35, lots 2, 3, and 4, NEW. SWNWW. SWJ4SWV4; NWSWW, NWSEW.

FEDERAL REGISTER, V O L 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18984 NOTICES

T. 18 S., R. 5 E., Sec. 3, SW14SE14 ; described lands have been reconveyed to Sec. 2, NE%NE»4; Sec. 5, SW%NWy4. N W ^SW ^; the United States: Sec. 6, Sy2NEy4, Ey2SEy4; sec. 5, Nwy4sw y 4; P rincipal M eridian, M ontana Sec. 6, NW14NEÎ4, Ey2SWÎ4, SE %; Sec. 7, Ny2NE%, SEy4NEy4, Ey2NWy4. Sec. 7, lot 1 of NWy4 , Sy2 lot 2 of NW'/4, NEi4SEy4, sy2SEy4; BLAINE COUNTY Sec. 8, Wy2SEy4; lots 1 and 2 of SW%, Ey2; T. 37 N., R. 18 E., Sec. 12, SW^SE*4; Sec. 10 , NWy4NE*4; Sec. 15, lots 5 and 6; Sec. 25, NE14. Sec. 13; T. 36 N., R. 20 E., Sec. 17, Sy2NEî4 , SW K MW K ^ Ny2SEy4 , Sec. 17, lots 5, 6, 7, 8, fraction N%; Sec. 18, NE%. Sec. 13, w y2; SW % SE %; Sec. 23, SW%; Sec. 18, lots 1 and 2 of NWy4, lots 1 and T. 16 S., R. 8 E., Sec. 27, SW14NE14, Ey2NWV4, Ny2SE% Sec. 25, Ei/2 and SW%; 2 of SW 14 , NE 14 , Wy2SEy4; T g g g Sec. 26, SE%. Sec. 19, Ny2 lots 1 and 2 of NWy4, lot 6; T. 33 N„ R. 21 E., Sec. 20, lots 1, 2, 3, and 4, N%S%, SE% sec. 17, wy2NWi4. Nw%swy4; Sec. 24, W y2. NE 14; Sec. 18, SEy4SE%; Sec. 19, Ny2NEi4, SWy4NE%; T. 37 N., R. 21 E., Sec. 21, Ny2NEi4; Sec. 29, Ny2Ni/2, SW ^ N E ^ , and SE^ Sec. 22, lot 7; Sec. 30, lot 3, SW&NE^, SE^NW^, NE14SW14; NW14 ; Sec. 23, lots 2, 3, 4, 5, 6, and 7, Ey2NWy4, Sec. 30, Ni/2NEy4. NE %; Sec. 32, SE%SWy4. T. 18 S„ R. 8 E., T. 32 N„ R. 24 E., Sec. 24, lots 1 to 8, inclusive, fraction N y2 . Sec. 13, all; T. 14 S., R. 6 E., Sec. 4, lot 1; Sec. 5, lots 3 and 4; Sec. 14, NE14, Ey2NWy4, NE14SW14. and Sec. 10, Ey2SW î4. SE% ; NWy4SE%; Sec. 11, SW 14NW14 , SWÎ4; Sec. 10, lot 9, Ni/2NEy4, SEy4NE»4; Sec. 11, lot 12, SWi4NWy4* Sec. 23, NE%; Secs. 14 and 15; Sec. 24,Ny2. Sec. 17,Sy2; The lands described above aggregate^ T. 32 N„ R. 25 E„ Sec. 18, lots 3 and 4, E ^ S W ^ j SE%; approximately 69,834 acres. Sec. 5, lot 4, SWy4NWi4, Wy2SW(4, and Secs. 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, SE%SWy£; 31, 32, 33, 34, and 35. 5. For a period of 30 days from the date of publication of this notice in the Sec. 6, lot 3, SW14NE14, SEy4NW ^, Ey2 T. 15 S..R .6 E., SW 14, and wy2SEi4; Secs. 1, 2, 3, 4, and 5; F ederal R egister the classification shall Sec. 7, lots 1, 2, 3, and 4, SWy4NE%, Ey2 Sec. 6 , lots 1, 2, 3, 4, 5, 6 , and 7, Sy2NEy4, be subject to the exercise of adminis­ NWy4, NEy4SW(4, and NW%SEi/4; SEy4Nwy4, Ey2swi4, Nwy4SEy4, sy2 trative review and modification by the Sec. 8, s w (4 n e , nw i/4, sw%swy4, Ei/2 SE %; SW V4, and SE(4; Sec. 7, Ey2,Ey2wy2; Secretary of the Interior (43 CFR 2461.3). Sec. 9, w y2sw y4, and SE ^ SW ^; Secs. 8, 9, 10, 11, and 12; sec. 1 7 , Nwy4NE%, NE%Nwy4, sy2Ny2, Sec. 17, N y2; J. R. P enny, andsy^; sec. is, NE&, Ey2Nwy4; State Director. Sec. 18, lots 1, 2, 3, and 4, SE ^N E 1^, wy2 S6C 2 1 * NE14, Ey2NWy4, SE14SW14, and SE(4; Sec! 3l[ NE 14, Ni/2SEy4,SEy4SEy4 ; [F.R. Doc. 70-16788; Piled, Dec. 14, 1970; 8:48 a.m.] Sec. 19, lots 1 and 2, NEy4> E % NW % > an(^ Sec. 32, NW^SEi/i, Ny2 sw%. swy4swy4. Ny2Ni/2SEy4; T. 16 S., R. 6 E., Sec. 20, NEi/4 , w y2NWy4. SE14NW14. and Sec. 1, lots 1 and 2, SWy4NE 14 , NWy4 SWi/4, Ny2sw y 4. N ^ S E ^ ; [R-1390—A] Sec. 28, lot 4, Wy2NWi4. Sy2SE%. CALIFORNIA The area described contains 6,585.2 T. 17 S., R. 6 E., acres. Sec. 4, lots 8, 10, and 12; Notice of Classification of Public 2. The above described grazing lands Sec. 6 , lots 6, 7, and 8, SW ^N W ^; Sec. 7, SE%NEi4. Ey2SE%; Lands for Transfer Out of Federal are located in Blaine County and have sec. 8, n e 14n w 14, w i/2Nwy4, Nwy4sw y 4; Ownership; Partial Termination been acquired to block up Federal land Sec. 9, Ny2NW%, SE^N W ^; to further Federal programs. Public lands Sec. 17, Sy2NE%,SEy4; December 7, 1970. in this general area have been classified sec. 18, w y 2NEi4 , Nwy4 , Ey2sw % , Nwy4 The classification of public lands for for multiple-use management and reten­ SEy4; . title transfer published in F.R. Doc. 70- tion in Federal ownership. sec. 3 1 , wy2Nwy4, SEy4Nwy4, sw ^ . T. 18 S., R. 6 E., 15889 on page 18128 of the issue for 3. The mineral rights in the lands were Sec. 5, Ey2swy4; Thursday, November 26, 1970, is hereby not exchanged and their status is not Sec. 6, lots 4 and 5; terminated insofar as it affects the land affected by this order. Sec. 7, lot 6, Ei/2NEy4. SE*4 ; described below. Pursuant to the regula­ 4. Subject to valid existing rights, the Sec. 8, Wy2; tions in 43 CFR 62.4(c)(2), the land is provisions of existing withdrawals, and Sec. 17,wy2; ‘ hereby relieved of any segregative effect the requirements of applicable law the Secs. 18 and 19. by the subject classification. lands will at 10 a.m. on January 8, 1971, T. 14 S., R. 7 E., be open to application, petition, and Secs. 31,32, and 33; San B ernardino Meridian ex­ Sec. 34, NWi/4NWy4NEy4, NW^i. NE}4NEy4 RIVERSIDE COUNTY, CALIF. -selection under the public land laws sw 14, wy2NEy4sw%, Nwy4swy4> Ny2 cept that all the lands are subject to swy4sw%, swi4sw%sw%, Ny2SEy4 T. 3 S., R. 3 E., multiple-use classification M 15568 and sw 14 sw 14, w y2 n w y4 s e 14 sw y4 • Sec. 18, lots 3 and 10; are not open to application under the T. 15 S., R. 7 E., Sec. 20, Wy2NEi4, NW‘/4, Wy2SW%. agricultural land laws (43 U.S.C. P^ts Sec. 3, lots 12, 13, 14, 15, 19, 25, 26, 27, 7 and 9; 25 U.S.C. sec. 334), or to public 28, 29, 30, 31, 32, 38, 39, 40, 41, 42, 43, E. J. P etersen, sale under section 2455 of the Revised 44, 45, 46, 47„ 48, 49, 50, 51, and 52, NE^4 Acting State Director. Statutes (43 U.S.C. 1171). All valid ap­ sw 14. sy2swy4; [ p.R. Doc. 70-16759; Filed, Dec. 14, 1970; plications received at or prior to 10 a.m. Sec. 4, lots 1, 2, 3, and 4, SWy4NE1/4. 8:45 a.m.] Nwy4, Nwy4sw y 4, sy 2SEy4; on January 8, 1971, shall be considered Secs. 5, 6, 7, and 8; as simultaneously filed at that time. Sec. 9,N W y4 ; [Montana 16583] Those received thereafter shall be con­ Sec. 17, NWy4; sidered in the order of filing. Sec. 18. MONTANA 5. Inquiries concerning the lands T. 16 S., R. 7 E., Sec. 7, Ei/2sw y 4, NWy4SEi/4. Order Providing for Opening of should be addressed to the Bureau of T. 17 S., R. 7 E., Public Lands Land Management, 316 North 26th Sec. 5, SW%NWy4; Street, Billings, MT 59101. Sec. 33,NEi4SEy4; December 4,1970. Sec. 34, NWiASW^. 1. In exchanges of lands made under E ugene H. N ewell, T. 18 S., R. 7 E., the provisions of section 8 of the Act of Land Office Manager. Sec. 2, lot 3, N y2 NW i/4 SW i/4 NE i/4, SW % [F.R. Doc. 70-16760; Filed, Dec. 14, 1970, SW14NEV4, sy2SEy4swyàNEy4. se 14 June 28, 1934 (48 Stat. 1272; 43 U.S.C. Nwy4, Ny2swy4, sEy4swy4; 315g) as amended, the following 8:45 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 NOTICES 18985 [ Montana 4)44785 ] of the Interior, LLM, Washington, D.C. Sec. 6, lots 1, 2, 3, 4, 5, 6, Sy2NEy4, SEy4 MONTANA 20240. Nwy£, NEy4swy4, Ny2SEy4; E d w in Zaidlicz, Sec. 7, lot 2, Sy2NEy4, SEy4NWy4; Secs. 8, 9, and 10, all; Notice of Classification of Public Lands State Director. Sec. 15, N%; for Multiple-Use Management [F.R. Doc. 70-16761; Filed, Dec. 14, 1970; Sec. 16, Ni/j. 8:45 a.m.] T. 19 S., R. 62 E„ D ecember 4,. 1970. Secs. 7 and 18, all. 1. Pursuant to the Act of Septem­ T. 19 S., R. 63 E., ber 19,1964 (43 U.S.C. 1411-18,) and the [Serial No. N-1575-A] Sec. 9, SEy4, sy2swy4 portion east of Highway 93 ^ regulations in 43 CFR Parts 2400 and NEVADA 2460, the public lands within the areas Sec. 16, all east of Highway 93; described below are hereby classified for Sec. 17, all east of Highway 93; Notice of Classification of Public Sec. 19, all east of Highway 93; multiple-use management. Publication Lands for Multiple-Use Manage­ Sec. 20, all east of Highway 93; of this notice has the effect of segregat­ ment Sec. 21, all; ing the described lands from appropria­ Sec. 28, Ni/j; tion under the agricultural land laws D ecember 7,1970. Sec. 29,Ni/2; (43 U.S.C. Parts 7 and 9; 25 U.S.C. sec. 1. Pursuant to the Act of September Sec. 30, Ny,. 334), from sale under section 2455 of 19, 1964 (43 U.S.C. 1411-18) and to the T. 20 S„ R. 60 E., the Revised Statutes (43 U.S.C. 1171), regulations in 43 CFR Parts 2420 and sec. 9 , w y2NEy4SEy4NEy4, n w y4 s e y4 n e y4, and from exchange under section 8 of 2460, the public lands within the area e y2 n e y4 s w 14 n e y4 ; the Taylor Grazing Act (43 U.S.C. 315g), described below are hereby classified for Sec. 10, Nwy4SEy4NEy4Swy4, wy2NEy4 and the lands shall remain open to all multiple-use management. Publication sw y 4 , sy2SEy4NEy4swy4; of this notice has the effect of segregat­ sec. 1 5 , wy2wy2swy4NEy4, NEy4Nwy4 other applicable forms of appropriation, sw y 4 NEy4 , SEy4swy4swy4NEy4, NE14 including the mining and mineral leas­ ing the described lands from appropria­ NEy4swy4NEy4, sy2NEy4swy4NEy4, wy2 ing laws. As used herein, “public lands” tion under the homestead, desert land SEy4 sw y 4 NEy4 , s e »4 s e 14 s w y4 n e >4 , e y2 means any lands withdrawn or reserved and allotment laws (43 U.S.C., Chapters NE 14 NE % NW‘/4,E y2 NE %, NW % SE %: by Executive Order No. 6910 of Novem­ 7 and 9, and 25 U.S.C. 331), and from Sec. 33, lots 60 and 61. ber 26, 1934, as amended, or within a sale under section 2455 of the Revised T. 20 S., R. 62 E., grazing district established pursuant to Statutes (43 U.S.C. 1171), and exchange sec. 12 , Ey2sw y4, SEy4, Ey2NEy4; (43 U.S.C. 315g), and the Public Land Sec. 13, all; the Act of June 28, 1934 (48 Stat. 1269), Sec. 24, all; as amended, which are not otherwise Sale Act of September 19,1964 (43 U.S.C. 1421-27). Sec. 25, all; withdrawn or reserved for a Federal use Sec. 35, SE 14; or purpose. 2. No adverse comments were received Sec. 36, all. 2. One favorable comment and one following publication of the notice of a T. 20 S., R. 63 E. (unsurveyed), if surveyed, protest were received following publica­ proposed classification (35 F.R. 187) , or lands will probably be described as: tion of the notice of proposed classi­ at the .public hearing at North Las Vegas, Sec. 7, all; Sec. 8, W y 2 ; fication in the F ederal R egister of Nev., which was held on October 30,1970. The record showing the comments re­ Secs. 17,18, 19, all. September 24,1970 (35 F.R. 14856-14857). T.21 S., R. 60 E„ The protest was from an individual who ceived and other information is on file See. 3, lots 46, 47, 48, 57, 58, 65, and 66; owns nearby private islands. He was con­ and can be examined in the Las Vegas Sec. 4, lots 49, 50, 67, 69, 70, and 99; cerned about the effect of this classifica­ District Office, Bureau of Land Manage­ sec. 10 , w y 2swy4NEy4Nwy4, Ey2SEy4Nwy4 tion action on his private lands and the ment, 1859 North Decatur Boulevard, Las Nwy4, SEy4NEy4swy4; - effect this action would have on his Vegas, NV. The public lands affected by Sec. 11, lots 18, 19, 20, 46, 47, and 50; grazing lease. As the classification will this classification are located within the Sec. 13, Wi/2SW 14SW14NWy4, NW14NW14 have no effect on either his private land following described area and are shown Nwy4swy4; or his grazing lease, no change from the on maps designated N-1575-A in the Las sec. 1 7 , Ey2Nwy4SEy4Nwy4, n e % s e y4 proposed classification was considered Vegas District Office, and at the Land Nwy4, Ey2sEy4NEy4Nwy4; Office, Bureau of Land Management, Sfec. 28, SEy4SEy4; necessary. The record showing com­ sec. 36, w y 2Nwy4Nwy4SEy4, n e y4 n e % n w y4 ments received and other Information Room 3104, Federal Building, 300 Booth SE 14, NEy4Nwy4NEy4SEy4, Nwy4 NEy4 is on file and can be examined in the Street, Reno, NV. n e 14 s e y4, SEy4NEy4NEy4SEy4, Nwy4 Miles City District Office, Miles City, 3. The public lands classified for sw y 4 Nwy4 SEy4 , Ny2SEy4 Nwy4 SEy4 , sEy4 Mont. multiple-use management are described s e y4 n w 14 s e 14, n w y4 sw y4 n e y4 s e yA , s e y4 3. The public lands affected by this as follows: sw y 4 NEy4 SEy4 , w y 2SEy4 NEy4 SEy4, SEy4 SEy4 NEy4 SEy4 , w y 2Nwy4swy4SEy4, Nwy4 classification are located within the fol­ M o u n t D iablo M eridian, Nevada NE14SW14SE14, SEy4 NEy4 Swy4 SEy4 , sw y 4 lowing described areas and are shown T. 13 S., R. 70 E., Nwy4 SEy4 SEy4 , n e y4n e y4s e 14s e y4 , SEy4 on maps on file in the Miles City Dis­ Sec. 27, SW J/4 SE y4, SE ^ SW ^; sw y 4 sw y 4 SEy4 , Ny2swy4SEy4SEy4, sEy4 trict Office, Miles City, Mont., and on Sec. 32, Sy,NEy4, SE^; sw y 4SEy4 SEy4 , Nwy4SEy4SEy4SEy4. maps and records in the Land Office, Sec. 33, S&NWJ4, SE^NE^, SW&, W% T. 21 S., R. 61 E„ Bureau of Land Management, Federal SE14, NE14SE14; Sec. 13, lot 15; Building, Billings, Mont. sec. 3 4 , Nwy4Nwy4NEi/4 , Nwy4sw y 4. Sec. 31, lots 53, 54, 56, 57, 62, 69, 71, 73, 75, T. 14 S., R. 70 E., ' 76, 78, 79, 81, 82, SEy4SWy4NEy4SWy4, P rincipal Meridian, M ontana Sec. 4, NE14 , NWi4 .Ni/2SW 14, sw y 4sw y4; swy4NEy4NEy4swy4, wy 2Nwy4 SEy4 RICHLAND COUNTY Sec. 5, E y 2 , sw y4; sw y 4 , n y2 sw y 4s e 14sw y 4 , Nwy4 Nwy4 Sec. 6, sy£; NEy4Swy4. T.21 N..R.58E., Sec. 7,Ni/2; T. 21 S., R. 62 E., Sec. 26, lot 7; Sec. 8 , Ny£. sec. i,Ny2,swy4; Sec. 27, lots 7 and 8. T. 14 S., R. 69 E., sec. 3 5 , w y 2NEy4Nwy4, Nwy4 Nwy4 . The lands described above aggregate Sec. 14, E % sw y4, Nwy4sw y 4; T. 22 S., R. 61 E., 82.11 acres. Sec. 15, SEy4SEy4; Sec. 5, lots 133 and 134; Sec. 22, all;' sec. 8, w y 2Nwy4NEy4swy4\ swy4NEy4 4. For a period of 30 days from date Sec. 27, all; sw y4, Nwy4SEy4swy4, Ey2NEy4sw y4 of publication in the F ederal R egister, sec. 28, NEy4 , Ny2SEy4 , Ny2sw y 4 , sw y4 sw y 4 ; this classification shall be subject to the sw y 4 ; Sec. 10, lots 44 and 45; exercise of administrative review and Sec. 32, Ni/2NEy4, SWy4NEy4, E^NWy4, sec. 1 5 , Ey2Nwy4SEy4NEy4, Ey2swy4Nwy4 modification by the Secretary of the In­ N»/asw y4, sw y4sw y4. SEy4NEy4, swy4SEy4NEy4, Ey2SEy4 T. 19 S., R. 60 E., NE14; terior as provided for in 43 CFR 2461.3. Sec. 1, lots 1,2, 3, 4, SEy4. Sec. 20, lots 33,34, and 60; For a period of 30 days interested parties T. 19 S., R. 61 E., Sec. 28, lots 18, 19, 20, 21, 31, 32, 33, 34, 115, may submit comments to the Secretary Sec. 5, sy£; 124,131, and 132.

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 No. 242- 18986 NOTICES

T. 26 S.,R . 63 K, Sec. 36, Wy2NW^4NWy4SEy4, NE%NE^ withdrawn or reserved by Executive Sec. 19, all; Nwy4SEy4, ne 14nwy4ney4se 14, Nwy4 Order No. 6910 of November 26, 1934, as Sec. 20, all; NEy4NE%SE^, SE^NE^NE^SE^, amended, or within a grazing district Sec. 29, all; Nwy4swi4NW%SEy4, Ny2SE%Nwy4 established pursuant to the Act of Sec. 30, all; SE 14, SE 14 SE 14 NW 1/4 SE %, NW!4SW!4 June 28, 1934 (48 Stat. 1269), as Sec. 31, all; NE14SE14, se y4 sw y 4NE y4 SEy4, w y , SE14NE14SE14, SE 14 SE 14 NE V4 SE 14, W14 amended, which are not otherwise with­ Sec. 32, all; drawn or reserved for a Federal use or Sec. 33, all. NWi4SWy4SE14, NW14NE14SW14SE14. SE 14 NE 14 SW 14 SE 14, SW14NW14SE14 purpose. The land described aggregates ap­ SE14, . NE 14NE»4SE14SE 14, SE%SWy4 2. The land is located near the proximately 25,400 acres of public land. SW14SE14, Ny2sw i4S E y4SEi4, SE& southern Lyon County line and northern 4. The following public lands are SW14SEy4SE14, NW k SE 14 SE y4 SE 14. Douglas County line. Sunrise Pass Road, further segregated from appropriation T. 21 S., R. 61 E., a Bureau of Land Management main­ Sec. 13, lot 15; under the general mining laws but not S ea 31, lots 53, 54, 56, 57, 62, 69, 71, 73. tained dirt roadway passes through the the mineral leasing or material sale laws: 75, 76, 78, 79, 81, 82, SE ^ SW ^ N E ^ S W ^ , land. The topography of the land varies M o u n t D iablo Meridian, Nevada SW 14 NE 14 ne 14 SW 14, w y 2NW!4SE!4 from level to rough. Recreation facilities swyi, Ny2swy4SEi4Swi4, NW14NW14 could be developed on the meadowland. T. 13 S., R. 70 E., nej4SW%. 3. The public land affected by this Sec. 27, SW%SEi4, SE&SW&; T. 21 S., R. 62 E„ Sec. 32,S%NE%, SE%; classification is shown on maps on .file sec. 1 , n ^ , swy4; Sec. 33, Si/2NW%, SEI/4NE14, SWi4, WV2 and available for inspection in the Car- Sec. 35, Wy2NE!4NW!4. NW14NW14. son City District Office, 801 North Plaza SE%, NE14SE1.4; T. 22 S., R. 61 E„ Sec. 34, NW%NW%NE%, NW%SWi4. Sec. 5, lots 133 and 134; Street, Carson City, NV 89701, and the T. 14 S., R. 70 E., Sec. 8, W%NW14NE14SWy4, SW14NE14 Nevada Land Office, Bureau of Land Sec. 4, NE14, NWy4, Ny2SW%, SW^4SWi4; swi4, Nwy4SEy4swy4, Ey2NEi4Swy4 Management, Room 3104, Federal Build­ Sec. 5, Ey2, SW%; SW%; ing, 300 Booth Street, Reno, NV 89502. Sec. 6 , Sy2; Sec. 10, lots 44 and 45; 4. The land involved is located in Lyon Sec. 7 ,N ^ ; Sec. 15, EysNW14SEy4NEy4, Ei/2sw y 4Nwy4 and Douglas Counties and is described as Sec. 8, Ny2. SEy4 NEy4 , sw&se&ne^ , e %se)4 follows: T. 14 S., R. 69 E„ ' , NE14 ; Sec. 14, Ey2 SW%, N W ^SW ^; Sec. 20, lots 33, 34, and 60; M o u n t D iablo Meridian, N evada Sec. 15, SE%SE^; Sec. 28, lots 18, 19, 20, 21, 31» 32, S3, 34, T. 14 N., R. 22 E., Sec. 22, all; 115,124,131, and 132. Sec. 27, all; Secs. 11, 12, 13, 14, that portion which en­ Sec. 28, NE^4, Ny2SE%, N ^ S W ^ , SW ^. The land described aggregates approx­ compasses the Margaret Morelia, Baby sw % ; imately 21,300 acres of public land. Ruth, Snow Bog, Homestead, Hallie, Sec. 29, SW14; 5. Segregation from appropriation un­ Porcupine, Myrtle, Sunrise and Balti­ Sec. 32, N%NEy4, SW^NE^, E%NW54, more Fraction No. 1 Mining Claims; der the general mining laws is terminated Sec. 12, sw y4N w y4. Ny2sw%, sw^swy,. on the following described public lands: T. 19 S., R. 60 E., The land described aggregates 213.050 Sec. 1, lots 1, 2, 3,4, S%N}£, S E ^ . M o u n t D iablo Meridian, N evada acres of public land. T. 19 S., R; 61 E., Sec. 5,sy2; T. 15 S., R. 71 E. (unsurveyed), 5. For a period of 30 days from the Sec. 6, lots 1, 2, 3, 4, 5, 6, Sy^NE^, SE*4 Sec. 20,NWy4NW*>4- date of publication of this notice in the NW14, NE%SW^, N%SE%; The land described above totals ap­ Federal Register, this classification shall Sec. 7, lot 2, S ^ N E ^ ,, SE&NW&i proximately 40 acres. be subject to the exercise of administra­ Secs. 8, 9, and 10, aU; tive review and modification by the Sec­ Sec. 15, Ny2; 6. For a period of 30 days from the retary of the Interior as provided for Sec. 16,N y2. date of publication of this notice in the F ederal Register, this classification shall in 43 CFR 2461.3. T. 19 S., R. 62 E., N olan F. Ke il , Secs. 7 and 18, all. be subject to the exercise of administra­ State Director, Nevada. T. 20 S„ R. 60 E., tive review and modification by the Sec­ Sec. 9, W ^NE^SE^NEii, NW&SE^NEft, retary of the Interior as provided in 43 [F.R. Doc. 70-16783; Filed, Dec. 14, 1970; E y2 NE i/4 SW % NE14 ; CFR 2461.3. 8:47 a.m.) Sec. 10, NWiASE&NE^SW^, WyaNE^4 Nolan F. Keil, sw y 4, sy 2SEi4 NEy4sw % ; State Director, "Nevada. Sec. 15, Ey2NE%NE%NWi4, E%NE%NW^ [Serial No. N-257-BJ SE14, wy2wy2sw%NEi4, n e &n w ^ [F.R. Doc. 70-16782; Filed, Dec. 14, 1970; SWi4NE»/4, SE »4 SW »A SW % NE %, N E^ 8:47 a.m.] NEVADA NE 14SW 14NE*4 , Sy2NEy4 SWy4NEi4 f Notice of Classification of Public SEy4SW%NEi4, SEi/4s e y4SWy4NE%; Sec. 33, lots 60 and'61. [Serial Nos. N-1885-A, N-2345-A] Lands for Multiple-Use Manage- T. 20 S., R. 62 E., NEVADA merit Sec. 12, Ey2SWV4. S E ^ E ^ N E ^ ; December 7, 1970. Sec. 13, all; Notice of Classification of Public I. Pursuant to the Act of Septem- Sec. 24, all; Lands for Multiple-Use Manage­ Sec. 25, all; 5r 19, 1964 (43 U.S.C. 1411-18) and to Sec. 35, SE14 ; ment le regulations in 43 CFR Parts 2420 and Sec. 36, all. December 8, 1970. , 160, the public lands within the area T. 20 S., R. 63 E. (unsurveyed) If surveyed, 1. Pursuant to the Act of Septem­ escribed below are hereby classified for lands will probably be described as: ber 19, 1964 (43 U.S.C. 1412) and to. the mltiple-use management. Publication 01 Sec. 7, all; regulations in 43 CFR Parts 2420 and ais notice has the effect of segregating Sec. 8, Wy2; 2460, the public land described below le described lands from appropriation Secs. 17 through 24, all; nder the Homestead, Desert Land and Sec. 26, all. is hereby classified for multiple-use management. Publication of this notice llotment Laws (43 U.S.C., Chapter 7 and T. 21 S., R. 60 E., ; and 25 U.S.C. 334), and from sale Sec. 3, lots 46, 47, 48, 57, 58, 65, and 66; has the effect of segregating the de­ Sec. 4, lots 49, 50, 67, 69, 70, and 99; scribed land from all forms of appro­ nder section 2455 of the Revised Stat- Sec. 10, Wy2SW%NEy4NWJ4 , E&SEft priation under the public land laws, in­ tes (43 U.S.C. 1171) and the Public Nwy4Nwy4, sE%NE%swy4 ; cluding the general mining laws, but not and Sale Act of September 19, Sec. 11, lots 18, 19, 20, 46, 47, and 50; the Recreation and Public Purposes Act f.S.C. 1421-27). The land described in Sec. 13, w y 2SW»4SWy4NWi4, NW&NWft (44 Stat. 741, 68 Stat. 173; 43 U.S.C. aragraph 4 below is further segregatea nw%sw %; rom appropriation under the genera Sec. 17, Ey;NWy4 SE%NWi4 . NE&SEft 869) or the mineral leasing and mate­ rial sale laws. As used in this order, the lining laws but not the mineral ¡easing nw%, E^SEy4NEy4Nwy4; nd material sale laws. As used in t Sec. 28, SEy4SEy4; term “public lands” means any lands

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 NOTICES 18987 order, the term “public lands” means any T. 18 S., R. 51 E., employee, of the Depiartment of the In­ lands withdrawn or reserved by Execu­ sec. 6, Nwy4, Ny2swy4, wy2NEy4, sev4. terior) who is a citizen or otherwise a tive Order No. 6910 of November 26,1934, The area described above totals ap­ national of the United States, or who has as amended, or within a grazing district proximately 2,020 acres. declared his intention to become a citi­ established pursuant to the Act of 5. For a period of 30 days from thezen, aged 21 years or more; (2) any June 28, 1934 (48 Stat: 1269), as date of publication of this notice in the partnership or association, each of the amended, which are. not otherwise with­ F ederal R egister, this classification shall members of which is an eligible pur­ drawn or reserved for a Federal use or be subject to the exercise of administra­ chaser, or (3) any corporation organized purpose. tive review and modification by the Sec­ under the laws of the United/States, or 2. No adverse comments were received retary of the Interior as provided in 43 of any state thereof, authorized to hold following publication of a notice of pro­ CFR 2461.3, title to real property in Nevada. posed classification (35 F.R. 187), or at N olan F. K eil, Bids must be for all the land in a par­ the public hearing at North Las Vegas, State Director, Nevada. cel. A bid for less than the appraised Nev., which was held on October 30,1970. [P.R. Doc. 70-16784; Piled, Dec. 14, 1970; value of the land is unacceptable. Bids The record showing the comments re­ 8:47 a.m.] sent by mail will be considered only if ceived and other information is on file received by the Ely District Office, Bu­ and can be examined in the Las Vegas reau of Land Management, Pioche Star District Office, Bureau of Land Manage­ [Serial Nos. N-1128, 2421, 4180, 4690] Route, Ely, NV 89301, prior to 4 p.m., on ment, 1859 North Decatur Boulevard, NEVADA Monday, May 3, 1971. Bids made prior Las Vegas, Nev. The public lands affected to the public auction must be in sealed by this classification are located within Notice of Public Sale envelopes and accompanied by certified the following described area and are D ecember 7, 1970. checks, postal money orders, bank drafts, shown on maps designated N-257-B in Under the provisions of the Public or cashier’s checks, payable to the Bu­ the Las Vegas District Office, and at the Land Sale Act of September 19, 1964 reau of Land Management, for the full Land Office, Bureau of Land Manage­ (78 stat. 988; 43 U.S.C. 1421-1427), 43 amount of the bid plus estimated publi­ ment, 300 Booth Street, Room 3104, Fed­ CFR Subpart 2720, four parcels of land cation costs, and by a certification of eral Building, Reno, NV. wall be offered for sale to the highest eligibility, defined in the preceding para­ 3. The following described public lands bidder at 10 a.m., Tuesday, May 4, 1971, graph. The envelopes must show the sale are classified for multiple-use manage­ at the Ely District Office, Pioche Star and parcel numbers and date of sale ment: Route, Ely, Nev. 89301. The lands are in the lower left hand corner: “Public more particularly described below. Sale Bid, Sale N-1128, 2421, 4180, 4690, Mount Diablo Meridian, Nevada Parcel N o._____, 10 a.m., May 4, 1971.” T. 16 S., R. 56 E., M o u n t Diablo Meridian, Nevada The authorized officer shall publicly Secs. 11,12, 13, 14, 24. parcel n o . 1 declare the highest qualifying sealed bid T. 16 S., R. 57 E., received. Oral bids shall then be invited Sec. 17, NW*4, S*4; T. 14 N„ R. 69 E., Secs. 18,19; Sec. 24, NWy4NEy4SEy4NWi4, NE]4NWy4 in specified increments. After oral bids, Sec. 20, Ni/2, Ni/2Si/2, SW%SW&; SEV4NWV4. if any, are received the authorized officer Sec. 21, NWy4 , Ny2SWi4, SE&SW&, SE%; 5 acres. Appraised value: $600. shall declare the high bid. A successful Sec. 27/NW1/4, Sy2; oral bidder must submit a guaranteed Sec. 28, NE%, NE^NW ^, S»/2NWV4, Sy2; parcel n o . 2 remittance, in full payment for the tract sec. 29, Nwy4Nw>4 , sy 2Ny2, sy 2; T. 13 N., R. 67 E., and cost of publication, before 4:30 p,m. Secs. 30, 32, 33, 34; sec. 2 1 , sw y 4 i?Ey4 . of the day of the sale. Sec. 3 5 .NWy4 .Sy 2 . T. 17 S., R. 50 E„ 40 acres. Appraised value: $900. Any parcel not sold on Tuesday, May 4, Sec. 35, SfcN E fc, Ny2NEy4SEy4. 1971, shall be reoffered on the first Tuesr T. 17 S., R. 57 E., PARCEL NO. 3 day of subsequent months at 10 a.m!, Sec. 1 . T. 13 N., R. 67 E„ beginning June 2, 1971. T. 17 S., R. 58 E., Sec. 15, SW % SW14 SW % SE14 ; Any adverse claimants to the above Sec. 5, N w y4,sy2; Sec. 22,w y2 SW y4 NE14 NW % NE %, W y2 NW % described lands should file their claims, or Secs. 6, 7, 8; NE14, w y2 NE 14 s e y4 n w 14 NE V4 , w y 2 SEV4 objections, with the undersigned before Sec. 9,NWy4, S y2; NW14NE14, SE 14SE 14NW14NE 14, SW 14 the time designated for sale. Sec. 10, SWy4SWy4; NEy4 , w y 2n w 14n wy4 s e 14n e 14 , sw y 4 Sec. 13,NE»4,Sy4; Nwy4 SEy4 NEy4 , s w & s e ^ n e ^ , w y 2 The lands described in this notice have sec. 14 , Nwy4 sw y 4 , sy 2sw y 4 ; S W y4 SE % SE 14 NE 1/4 . been segregated from all forms of ap­ Sec. 15, NWy4NEy4, Sy2NEi/4, NW1/4, S%; 87.50 acres. Appraised value: $2,200. propriation, including locations under Secs. 16, 21, 22, 23, 24, 25, 26, 35, 36. the general mining laws, except for sale T. 17 S., R. 59 E., PARCEL n o . 4 under this Act, from the date of notation Secs. 19,20, 29, 30, 31, 32. T. 13 N„ R. 67 E., of the proposed classification decision. T. 18 S., R. 50 E., Sec. 16, SWI/4 SW14; Inquiries concerning this sale should be Sec. 1, Ny2N%; sec. 2 1 , w y 2Nwy4 , SW14, Wy2SEy4 , SE14 Sec. 2, NE14. SEy4 ; addressed to the Land Office Manager, T. 18 S., R. 58 E., Sec. 28, all; Bureau of Land Management, Room 3008 Secs. 1, 12„ Federal Building, 300 Booth Street, Reno, T. 18 S., R. 59 E.. 1,040 acres. Appraised value: $20,800. NV 89502, or to. the District Manager, Secs. 1, 2, 3; The publication costs to be assessed for Bureau of Land Management, Pioche Sec. 4,NEy4,SV4; Star Route, Ely, NV 89301. Secs. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, each parcel are estimated at $4. 17, 18, 19, 20; The lands will be sold subject to all R olla E. Chandler, Sec.21,Ny4,Ny2Sy2; valid existing rights. Reservations will Manager, Nevada Land Office. Secs. 27, 29, 30, 31. be made to the United States of rights- [P.R. Doc. 70-16817; Piled, Dec. 14, 1970; The area described above totals ap­ of-way for ditches and canals, in ac­ 8:50 a.m.] proximately 41,800 acres. / cordance with the Act of August 30, 1890 4. The following described public lands (26 Stat. 391; 43 U.S.C. 945). All minerals are to be reserved to the United States [OR 6920] are further segregated from appropria­ and withdrawn from appropriation tion under the general mining laws: under the public land laws, including the OREGON t . 17 s ., r . 50 E., general mining laws. Notice of Classification of Public Sec. 35, Ey2NEy4, N ^ N E ^ S E ^ ; Bids may be made by a principal or his NE‘/4. wy2, Ni/2SEy4, SE14SE14. agent, either at the sale, or by mail. An Lands for Multiple-Use Manage­ A- 17 S., R. 51 E„ ment rp si- NEy4NEy4, wy2Ey2, wy2. agent must be prepared to establish the A* lo b., R. 50 E., eligibility of his principal. Eligible pur­ D ecember 7, 1970. Sec. l,N y 2Ny2; chasers are: (1) Any individual (other 1. Pursuant to the Act of September 19, Sec. 2, NE&. than an employee, or the spouse of an 1964 (43 U.S.C. 1411-18) and to the FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18988 NOTICES regulations in 43 CFR Parts 2400 and T. 19 S., R. 4 W., T. 19 S., R. 1 E., 2460, the public lands within the areas Sec. 3, S E y S E y . Sec. 2, s w y s w y ; T. 20 S., R. 4 W., Sec. 10, lots 3 and 4, S y N W y ; described below are hereby classified for Sec. 6, fractional N E y N E y . sec. 12, s w y s w y ; multiple-use management. Publication T. 19 S., R. 5 W., Sec. 14, N E y N E y ; of this notice has the effect of segregating Sec. 32, N W yN W y. Sec. 18, fractional N W y N W y ; the described lands from appropriation T. 20 S., R. 5 W., Sec. 26, N yN y and SEy. under the agricultural land laws (43 Sec. 15, S E y S W y ; T. 16 S., R. 2 E„ U.S.C. Parts 7 and 9; 25 U.S.C. 334) and sec. 34, N w y s w y . Sec. 20, EyNEy, NWyNEy, and NEy from sales under 2455 of the Revised T. 15 S., R. 6 W., s w y ;_ _ Statutes (43 U.S.C. 1171). All the Sec. 34, SE 14SE%. sec. 24, ir w y s w y , E y s E y , and swy T. 16 S., R. 6 W., SE y; described lands shall remain open to all Sec. 12, SW yNEy and NEyNWy.' Sec. 28, lot 9; other applicable forms of appropriation, T. 19 S., R. 6 W., Sec. 30, lots 2 and 3; including the mining and mineral leas­ Sec. 8, SWy4NWy4 and N W yS W y; sec. 34, lot 10 , s w y s E y . ing laws. As used herein, “public lands” Sec. 20, S W y N E y and Ey2N W y; T. 17 S., R. 2 E., means any lands withdrawn or reserved Sec. 34, S E y N E y . Sec. 2, lot 4, S W y N W y ; by Executive Order 6910 of November 26, T. 20 S., R. 6 W., f. Sec. 4, SW y SW y and S y SE y ; 1934, as amended, or within a grazing Sec. 4, S E y N E y ; Sec. 8,NyNW y; sec. 24, sw y4sw y4. Sec. 10 , s y s w y ; district established pursuant to the Act T. 20S., R. 6y2 W., Sec. 12, w y ; of June 2.8, 1934 (48 Stat. 1269), as Entire township (unsurveyed). Sec. 20, E y N E y and N E y S E y . amended, which are not otherwise with­ T. 16 S., R. 7 W., drawn or reserved for a Federal use or Sec. 18, lot 2; DOUGLAS COUNTY purpose. Sec. 26, lots 17,18,19, 20, and 21. T. 20 S...R. 7 W., 2. The public lands classified in this T. 17 S., R. 7 W., Sec. 6, lots 3, 4, 5, 6, 7, and 8. notice are within Linn, Lane, and Sec. 32.NW y.NW i4 . T. 19S..R. 8W., Douglas Counties and are shown on maps T. 19 S., R. 7 W., Sec. 8, S W y and w y SE y; Sec. 30, lots 1, 2, 3, and 4, S E y ; Sec. 18, lots 1, 7, and 8, S E y N E y , and designated OR 6920 on file in the Eugene Sec. 32,Wi/2N W y. Ni/2S E y; District Office, Bureau of Land Manage­ T. 20 S., R. 7 W., Sec. 22, S E y S E y ; ment, 1255 Pearl Street, Eugene, OR Sec. 2, S E y S E y ; Sec. 26, NW y; 97401, and the Land Office, Bureau of sec. 12 , NwyNEy, w y , and sw ysE y ; Sec. 28, S E y S E y . Land Management, 729 Northeast Sec. 14, NJ4. T. 19 S., R. 9 W., Oregon Street, Portland, OR 97208. T. 16 S., R. 8 W., Sec. 12, lots 1,2, 3,4, 5, and 6. The notice of proposed classification Sec. 24, lots 13 and 15. The areas described aggregate approx­ was published in 35 F.R. 15315-15316, T. 17 S„ R. 8 W., Sec. 2, lot 5; imately 9,841.50 acres of public lands. October 1, 1970. A public hearing on the Sec. 6, lots 1 and 2; 4. For a period of 30 days from the proposed classification was held October Sec. 18,NWySEy; 15,1970, at the Lane County Courthouse, date of publication in the F ederal R eg­ Sec. 22, lots 1, 2, and 3; ister, this classification shall be subject Engene, Oreg. All of the comments re­ Sec. 28, lot 1. to the exercise of administrative review ceived support the multiple-use classi­ T. 18 S., R. 8 W., fication of these lands. No changes have Sec. 2, lot 1, S E y N E y ; and modification by the Secretary of the been made in the list of lands included sec. 4 , lot 3 , syNwy, s w y , and swy Interior as provided for in 43 CFR 2461.3. S E y ; During this. 30-day period interested in the proposed classification. Sec. 6, lot 7; parties may submit comments to the Sec­ 3. The description of the areas is as Sec. 28, S E y; retary of the Interior, LLM, 320, Wash­ follows: Sec. 32,N W yN E y. ington, D.C.20240. W i l l a m e t t e M e r i d i a n T. 19 S., R. 8 W.¿ A rthur Zimmerman, LINN COUNTY Sec. 6, lots 4 and 5; W. Sec. 24, S E y S E y . Assistant State Director. T. 15 S„ R. 2 W., T. 17 S., R. 9 W., Sec. 10, NWVtSWy« and SK%SW%; [F.R. Doc. 70-16762; Filed, Dec. 14, 1970; sec. i3,Eysw y; 8:45 a.m.] Sec. 20, lots 2 and 3. Sec. 14, S E y S E y . T. 14 S., R. 1 E., T. 18 S., R. 9 W., Sec. 19,wyNEy; Sec. 6, lot 3; [Utah 0148284] Sec. 26, SEyNEy. Sec. 14, NWyNEy, NEyNWy, and NEy T. 14 S„ R. 2 E„ s w y ; UTAH Sec. 6, N E y S W y . Sec. 23, N E y N W y ; LANE COUNTY Sec. 27, W y N E y ; Provisional Notice of Offering of Lend Sec. 30, lots 1 and 4; for Sale T. 15 S., R. 1 W., Sec. 31, lots 1, 2, and 3, N E y S W y . Sec. i o , s y s w y . D ecember 8,1970. T. 18 S., R. 1 W., T. 18 S., R. 10 W„ « Sec. 20, lot 4. Sec. 3, lot 5; With the provisions noted below, no­ T. 19 S., R. 1 W., sec. ìo.sysw y; tice is hereby given that, pursuant to the Sec. 26 S W y S W y . Sec. 14, s w y s w y ; Act of September 19,1964 (78 Stat. 988), T. 20 S., R. 1 W., Sec. 24, s y s w y . the Secretary of the Interior intends to Sec. 6, lots 15,16,17, and 18. T. 17S..R . 11 W., offer the following lands for sale: T. 20 S., R. 2W „ Sec. 19 Jo t 1. Sec. 12, N W y N W y . T. 18 S., R. 11 W., S alt L ake Meridian, Utah T. 21 S., R. 2 W., Sec. 7, N E y N W y ; T.4S.R.22E., Sec. 32, lot 1. Sec. 18, S E y S E y . sec. 1 7 , s y N w y , Nyswy, sEyswy. T. 22 S„ R. 2 W., T. 19 S., R. 11 W., T. 5 S., R. 23 E., Sec. 12, S W y N E y and S y N w y . Sec, 1Ó, NEy N E y;. Sec. 22, w y N w y . T. 23 S., R. 2 W., Sec. 34, N E y NE y; Sec. 14, N W yN W y; sec. 3 5 , NyNy, SEyNEy, swyNwy, The lands described aggregate 280 Sec. 18, lots 2, 3, and 4, SEyNwy, Ey NW y SW y , and NE y s e y ; acres. s w y , and S E y ; Sec. 36, NW ySEy. Bureau Sec. 20, NWyNEy, SyNEy, NWy, and The lands were classified by NWySEy; T. 18 S., R. 12 W„ motion as suitable for transfer from Fed­ Sec. 2, lots 1 and 2; Sec. 2, lo t i; > eral ownership to facilitate the orderly Sec. 3, lots 1, 2, 3, and 4, s y N E y ; waste disposal programs of Uintan sec. 24, sw y 4Nwy4. Sec. 15, S E y N E y and S E y N W y . T. 16 S., R. 3 W., County and the city of Vernal. The Sec. 30, lot 3. T. 19 S., R. 12 W„ county is in the process of formulating Sec. 1, lots 1 and 2. T. 22 S., R. 3 W., ordinance Sec. 2, lot 1; T. 18 S., R. 1 E., zoning regulations. When an Sec. 4, lot 1. sec. 24, s w y s w y . is passed, the lands described above will A

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 NOTICES 18989 be zoned for garbage disposal sites. The such procedures as he may deem neces­ Oceanic and Atmospheric Administra­ land, however, cannot be sold until after sary, including the establishment of tion, Department of Commerce, Interior adequate zoning regulations are adopted trusts, to protect adequately the best Building, Washington, D.C. 20235. Any by Uintah County and only those lands interest of enrollees or their heirs or person desiring to submit evidence that actually needed for garbage disposal will legatees who are less than 21 years of the contemplated operation of such ves­ be sold. age or who are under a legal disability. sel will cause economic hardship or in­ The tract in T. 4 S., R. 22 E is located F red J. R ussell, jury to efficient vessel operators already approximately 2 miles northeast of Ver­ Acting Secretary of the Interior. operating in that fishery must submit nal, and the tract in T. 5 S„ R. 23 E. is such evidence in writing to the Director, located approximately 2 miles east of D ecember 8, 1970. National Marine Fisheries Service, within Jensen, Utah. [F.R. Doc. 70-16786; Filed, Dec. 14, 197Q; 30 days from the date of publication of After the adequate zoning regulations 8:48 a.m.] this notice. If such evidence is received are adopted, it is the intention of the it will be evaluated along with such other Secretary of the Interior to enter into evidence as may be available before mak­ an agreement with the authorized offi­ ing a determination that the contem­ cials of Uintah County and the city of DEPARTMENT OF AGRICULTURE plated operation of the vessel will or will Vernal to purchase those portions of the not cause such economic hardship or lands needed for garbage disposal pur­ Office of the Secretary injury. poses at the.then appraised fair market WISCONSIN J ames F . M urdock, value. ’ Chief. Any patent resulting from sale of this Designation of Area for Emergency Division of Financial Assistance. % land will be issued under the Act of Loans [F.R. Doc. 70-16815; Filed, Dec. 14, 1970; September 19,1964, supra, and shall con­ 8:50 a.m.] tain a reservation to the United States For the purpose of making emergency of rights-of-way for ditches and canals loans pursuant to section 321 of the Con­ under the Act of August 30, 1890 (43 solidated Farmers Home Administration U.S.C. sec. 945), and of all mineral de­ Act of 1961 (7 U.S.C. 1961), it has been posits which shall thereupon be with­ determined that in the hereinafter- DEPARTMENT OF HOUSING drawn from appropriation under the named county in the State of Wisconsin public land laws, including the mining natural disasters have caused a need for AND URBAN DEVELOPMENT agricultural credit not readily available and mineral leasing laws. The land will ACTING ASSISTANT SECRETARY FOR be sold subject to all valid existing rights from commercial banks, cooperative and reservations for rights-of-way. lending agencies, or other responsible RENEWAL AND HOUSING MAN­ sources. AGEMENT R . D . N ielson, W i s c o n s i n State Director. Marquette Designation [F.R. Doc. 70-16785; Filed, Dec. 14, 1970; Pursuant to the authority set forth G. Richard Dunnells, Acting Deputy 8:47 a.m.] above, emergency loans will not be made Assistant Secretary for Renewal and in the above-named county after June 30, Housing Management, is designated Act­ [Order No. 2508, Amdt. 89] 1971, except to applicants who previously ing Assistant Secretary for Renewal and received emergency or special livestock Housing Management, with all the power Office of the Secretary loan assistance and can qualify under and authority delegated to the Assistant established policies and procedures. Secretary for Renewal and Housing COMMISSIONER OF INDIAN Management, during the current absence AFFAIRS Done at Washington, D.C., this 10th day of December 1970. of Norman V. Watson, Deputy Assistant Delegation of Authority With Respect Secretary for Renewal and Housing J. P h il Campbell, Management. to Specific Legislation Acting Secretary. (Sec. 7 (d ), Department of HUD Act; 42 U.S.C. Section 30 of Order 2508, as amended, [F.R. Doc. 70-16773; Filed, Dec. 14, 1970; 3535(d )) is further amended by the addition under 8:46 a.m.] paragraph (a) of a new subparagraph to Effective date. This designation shall read as follows: v be effective as of December 10, 1970. Sec. 30. Authority under specific acts. G eorge R o m ney, (a) In addition to any authority dele­ DEPARTMENT OF COMMERCE Secretary of Housing gated elsewhere in this order, the Com­ National Oceanic and Atmospheric and Urban Development. missioner of Indian Affairs, except as [F.R. Doc. 70-16823; Filed, Dec. 14, 1970; provided in paragraph (b)^ of this sec­ Administration 8:51 a.m.] tion, is authorized to perform the func­ [Docket No. B-498] tions and exercise the authority vested in the Secretary of the Interior by the BOAT ORCA, INC. following acts or portions of acts or any Notice of Loan Application ATOMIC ENERGY COMMISSION acts amendatory thereof: [Docket No. 50-247] * * * * * D ecember ft, 1970. (48) The Act of September Î6, 1970 BOat Orca, Inc., 17 A Spring Street, CONSOLIDATED EDISON COMPANY (Public Law 91-4Q1, 84 Stat. 838) : Which Cohasset, MA 02025, has applied for a OF NEW YORK, INC. authorizes the use of funds arising from loan from the Fisheries Loan Fund to aid a Judgment in favor of the Citizen Band in financing the purchase of a used 65.9- Notice of Availability of Detailed of Potawatomi Indians of Oklahoma in foot registered length wood vessel to en­ Statement on Environmental Con­ Indian Claims Commission docket No. gage in the fishery for groundfish, siderations flounders, whiting, and fish for industrial 96; the Act of September 25,1970 (Public use. Pursuant to the National Environ­ Law 91-413, 84 Stat. 865) : Which pro­ mental Policy Act of 1969 and to the vides for the disposition of funds ap­ Notice is hereby given, pursuant to the Atomic Energy Commission’s regulations propriated to pay judgments in favor of provisions of 16 U.S.C. 742c, Fisheries in 10 CFR Part 50, notice is hereby given wie Yakima Tribes in Indian Claims Loan Fund Procedures (50 CFR Part 250, that a document entitled “Detailed commission dockets Nos. 47-A, 162, and as revised), and Reorganization Plan No. Statement on the Environmental Con­ consolidated 47 and 164, and under all 4 of 1970, that the above entitled appli­ siderations by the Division of Reactor wier acts which may authorize the cation is being considered by the Na­ Licensing, U.S. Atomic Energy Commis­ «secretary of the Interior to establish tional Marine Fisheries Service, National sion, related to the proposed operation of

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18990 NOTICES Indian Point Nuclear Generating Unit No. 2 by the Consolidated Edison Com­ CIVIL SERVICE COMMISSION pany of New York, Inc.,” is being placed in the Commission’s Public Document NURSING ASSISTANT AND LICENSED PRACTICAL NURSE POSITIONS IN Room, 1717 H Street NW., Washington, SEVERAL LOCATIONS DC, and in the Office of Dr. Eugene W. Notice of Establishment of Minimum Rates and Rate Ranges Booth, Hendrick Hudson High School, Albany Post Road, Montrose, NY, where Under authority of 5 U.S.C. 5303 and Executive Order 11073, the Civil Service it will be available for public inspection. Commission has established special minimum salary rates and rate ranges as Appended to the statement are the ap­ follows: plicant's environmental report and the [Table No. 333] comments of various Federal, State, and GS-621 N ursing A ssistant Series local agencies. A public hearing on the application for an operating license for (E xcluding Licensed P ractical N urse) the Indian Point Nuclear Generating Geographic coverage: New York, New York Standard Metropolitan Statistical Area (Includes New York City, Unit No. 2, commences December 17,1970 Nassau, Rockland, Suffolk, and Westchester Counties). , in Peekskill, N.Y. Effective date: First day of the first pay period beginning on or after November 29,1970. _ Single copies of the Statement may PER ANNUM RATES be obtained by writing to the Director, Division of Reactor Licensing, U.S. Grade 1 2 3 4 5 6 7 8 9 10 Atomic Energy Commission, Washington, D.C. 20545. GS-2 . . Â ...... $5,237 $5,391 $5,545 $5,699 $5,853 $6,007 $6,161 $6,315 $6,469 $6,623 GS-3 ...... 6,734 6,908 6,082 6,256 6,430 6,604 6,778 6,952 7,126 7,300 Dated at Bethesda, Md., this 7th day GS-4 ...... 6,243 6,438 6,633 6,828 7,023 7,218 7,413 7,608 7,803 7,998 of December 1970. GS-5 I ...... 6, 766 6,984 7,202 7,420 7,638 7,856 8,074 8,292 8,610 8,728

For the Atomic Energy Commission. [Table No. 334] P eter A. M orris, GS-621 L icensed P ractical N urse Director, Division of Reactor Licensing. Geographic coverage: New York, New York Standard Metropolitan Statistical Area. Effective date: First day of thè first pay period beginning on or after November 29,1970. [PJL Doc. 70-16758; Piled, Dec. 14, 1970; 8:45 a.m.] PER ANNUM RATES

Grade 1 2 3 4 5 6 7 8 9 10 [Docket No. 50-323] GS-3 — - — __: ...... __ $6,778 $6,952 $7,126 $7,300 $7,474 $7,648 $7,822 $7,996 $8,170 $8,344 GS-4*...... -...... 7,218 7,413 7,608 7,803 7,998 8,193 8,388 8,583 8,778 8,973 PACIFIC GAS AND ELECTRIC CO. GS-5*‘ ...... 7,638 7,856 8,074 8,292 8,510 8,728 8,946 9,164 9,382 9,600 GS-6” ____ r-...... - ...... 8,023 8,266 8,609 8,752 8,995 9,238 9,481 9,724 9,967 10,210 Notice of Issuance of Provisional Construction Permit [Table No. 335] Notice is hereby given that, pursuant ' GS-621 N ursing A ssistant Series (E xcluding Licensed P ractical N urse) to the initial decision of the Atomic Geographic coverage: East Orange and Lyons Veterans Administration Hospitals, N:J. Safety and Licensing Board, dated De­ Effective date: First day of the first pay period beginning on or after November 29, 1970. cember 8, 1970, the Director of the Di­ per annum rates vision of Reactor Licensing has issued Provisional Construction Permit No. 8 9 10 CPPR-69 to Pacific Gas and Electric Co. Grade 1 2 3 4 5 6 7 for the construction of a pressurized ...... $5,237 $5,391 $5,545 $5,699 $5,853 $6,007 $6,161 $6,316 $6,469 $6,623 GS-2...... 7,126 water nuclear reactor, designated as Unit GS-3...... 6,660 6,734 5,908 6,032 6,256 6,430 6,604 6,778 6,952 No. 2 of the Diablo Canyon Nuclear GS-4____ ...... 6,048 6,243 6,438 6,633 6,828 7,023 7,218 7,413 7,608 7,803 Power Plant, at the applicant’s Diablo Canyon site in San Luis Obispo County, [Table No. 336] Calif. The reactor is designed for op­ GS-621 Licensed P ractical N urse eration at approximately 3,250 mega­ watts thermal. Geographic coverage: East Orange and Lyons Veterans Administration Hospitals, N.J., A copy of the initial decision is on Effective date: First day of the first pay period beginning on or after N ovem ber^, 1970. file in the Commission’s Public Docu­ „ PER ANNUM RATES ment Room, 1717 H Street NW., Wash­ 10 ington, DC. Copies of Provisional Con­ Grade 1 2 3 4 5 6 7 8 9 struction Permit No. CPPR-69 are also $7,474 $7,648 GS-3...... $6,082 $6,256 $6,430 $6,604 $6,778 $6,952 $7,126 $7,300 on file in the Commission’s Public Docu­ 7,608 7,803 7,998 8,193 GS-4____ ...... 6,438 6, £33 6,828 7,023 7,218 7,413 8,728 ment Room or may be obtained upon GS-5____ ...... 6,766 6,984 7,202 7,420 7,638 7,856 8,074 8,292 8,510 request addressed to Director, Division of Reactor Licensing, U.S. Atomic Energy [Table No. 337] Commission, Washington, D.C. 20545. GS-621 Licensed P ractical n u r se Dated at Bethesda, Md., this 9th day Geographic coverage: Cook County, 111. (Including the city of Chicago); of December 1970. Effective date: First day of the first pay period beginning on or after November 29, 1970. For the Atomic Energy Commission. PER ANNUM RATES 10 P eter A. M orris, 2 3 4 5 6 7 8 9 Director, Grade 1 $7,300 $7,474 $7,648 Division of Realtor Licensing. O H -3 ______- _ $6,0R2 $6,256 $6,430 $6,604 $6,778 $6,952 $7,126 8,193 7,413 7.608 7,803 7,998 G (4-4 ...... 6,438 6,633 ¿ 828 7,023 7,218 8,610 8,728 [FJl. Doc. 70-16774; Filed, Dec. 14, 1970; GS-5____...... 6,766 6,984 7,202 7,420 7,638 7,856 8,074 8,292 8:46 a.m.]

FEDERAL REGISTER. V O L 35, NO. 242— TUESDAY, DECEMBER 15, 1970 NOTICES 18991 All new employees in the specified oc­ equivalent increase within the meaning million gallons per day and would be cupational level will be hired at the new of 5 U.S.C. 5335. used to supply the City and surrounding minimum rates. Under the provisions of section 3-2b, service area in Northampton County, Pa. As of the effective date, all agencies Chapter 571, PPM, agencies may pay the Documents relating to the items on will process a pay adjustment to increase travel and transportation expenses to this hearing notice may be examined at the pay of employees on the rolls in the first post of duty under 5 U.S.C. 5723, of the Commission’s offices. All persons affected occupational levels. An employee new appointees to positions cited. wishing to testify are requested to reg­ who immediately prior to the effective U nited S tates Civil S erv­ ister in advance with the Secretary to date was receiving basic compensation ice C o m m issio n, the Commisison; Telephone (609) 883- at one of the statutory rates shall re­ [seal] J ames C. S pr y , 9500. ceive basic compensation at the corre­ Executive Assistant to W . B rinton W hitall, sponding numbered rate authorized by the Commissioners. Secretary. D ecember 4, 1970. this notice on or after each date. The [F.R. Doc. 70-16745; Filed, Dec. 14. 1970; pay adjustment will not be considered an 8:45 a.m.] [F.R. Doc. 70-16816; Filed, Dec. 14, 1970; 8:50 a.m.] TYPING AND STENOGRAPHIC SKILLS, NEW YORK CITY Notice of Establishment of Minimum Rates and Rate Ranges Under authority of 5 U.S.C. 5303 and Executive Order 11073, the Civil Service FEDERAL MARITIME COMMISSION Commission has established special minimum salary rates and rate ranges as NORTH ATLANTIC WESTBOUND follows: FREIGHT ASSOCIATION [Table No. 900] Notice of Agreement Filed Occupational coverage: All positions in grades GS-2 through GS-5 with the following parenthetical titles- (Typ­ ing); or (Stenography); or (Dictating Machine Transcribing).» Notice is hereby given that the follow­ | N o t e : Use of any of the parenthetical titles cited indicates that a substantial requirement for the skill identified ing agreement has been filed with the exists in the position and the requirement is of suflicient significance to warrant selective certification from an appro­ priate clerical register (or equivalent selectivity in noncompetitive actions). In all cases, the position description must Commission for approval pursuant to reflect those duties which necessitated the use of the parenthetical title. section 15 of the Shipping Act, 1916, as Geographic coverage: New York, N .Y . (includes the counties of Bronx, Kings, New York, Queens, and Richmond). amended (39 Stat. 733, 75 Stat. 763, 46 Effective date: First day of the first pay period beginning on or after November 15, 1970. U.S.C. 814). Interested parties may inspect and ob­ PER ANNUM BATES tain a copy of the agreement at the Washington office of the Federal Mari­ Grade 1 2 3 4 5 6 7 8 9 10 time Commission, 1405 I Street NW., Room 1202; or may inspect the agree­ GS-2...... _____ $5,237 $5,391 $5,545 $5,699 $5,853 $6,007 $6,161 $6,315 $6,469 $6,623 ment at the Field Offices located at New GS-3...... 5,734 5,908 6,082 6,256 6,430 6,604 6,778 6,952 7,126 7,300 G S-4..1.. ______6,243 6,438 6,633 6,828 7,023 7,218 7,413 7,608 7,803 7,998 York, N.Y., New Orleans, La., and San GS-5...... ______j 6 , 766 6,984 7,202 7,420 7,638 7,856 8,074 8,292 8,510 8,728 Francisco, Calif. Comments on such agreements, including requests for hear­ All new employees in the specified oc­ ing, may be submitted to the Secretary, cupational level will be hired at the new Federal Maritime Commission, Washing­ minimum rates. DELAWARE RIVER BASIN ton, D.C. 20573, within 10 days after pub­ As of the effective date, all agencies COMMISSION lication of this notice in the F ederal will process a pay adjustment to increase R egister. Any person desiring a hearing the pay of employees on the rolls in the COMPREHENSIVE PLAN on the proposed agreement shall provide affected occupational levels. An employee a clear and concise statement of the who immediately prior to the effective Notice of Public Hearing matters upon which they desire to ad­ Notice is hereby given that the Dela­ duce evidence. An allegation of discrimi­ date was receiving basic compensation at nation or unfairness shall be accom­ one of the statutory rates shall receive ware River Basin Commission will hold a public hearing on Thursday, Decem­ panied by a statement describing the basic compensation at the corresponding ber 17, 1970. The hearing will take place discrimination or unfairness with par­ numbered rate authorized by this notice in the South Auditorium of the ASTM ticularity. If a violation of the Act or on or after each date. The pay adjust­ Building, 1910' Race Street in Philadel­ detriment to the commerce of the United ment will not be considered an equivalent phia, beginning at 2 p.m. The hearing States is alleged, the statement shall set will be on proposals to amend the Com­ forth with particularity the acts and increase within the meaning of U.S.C. circumstances said to constitute such 5335. prehensive Plan so as to include the following projects: violation or detriment to commerce. Under the provisions of section 3-2b, 1. Radnor-Haverford-R- arple Sewer A copy of any such statement should Chapter 571, FPM, agencies may pay the Authority. A modification of the Author­ also be forwarded to the party filing the travel and transportation expenses to ity’s existing treatment plant in Haver- agreement (as indicated hereinafter) ford Township, Delaware County, Pa., and the statement should indicate that first post of duty under 5 U.S.C. 5723, of this has been done. new appointees to positions cited. as an interim measure to improve the degree of treatment. Ninety percent of Notice of agreement filed by: U nited S tates Civil S erv­ BODs will be removed from 5.4 million Ronald A. Capone, Esq., Kirlin, Campbell & ice Co m m issio n,' gallons per day of sewage flow prior to Keating, The Farragut Building, 900 17th [seal] J ames C. S pr y , discharge into Darby Creek. Street NW., Washington, DC 20006. „ Executive Assistant to 2. City of Bethlehem. Utilization of Agreement No. 5850-15 between the the Commissioners. two existing wells as emergency water member lines of the North Atlantic West­ [F.R. Doc. 70-16744; Filed, Dec. 14, 1970; supply sources for the City of Bethle­ bound Freight Association deletes the 8:45 a.m.] hem. Each facility has a capacity of 1.6 present self-policing provisions of that

FEDERAL REGISTER, V O L 35, NO. 242— TUESDAY, DECEMBER 15, 1970 / 18992 NOTICES Conference and establishes new. provi­ Dated: December 11,1970. sions pursuant to General Order 7 revised as of October 28, 1970. The new self­ F rancis C. H ttrney, FEDERAL POWER COMMISSION policing provisions are the neutral body Secretary. [Docket No. CP70-191] type with further recourse to arbitration. [F.R. Doc. 70-16882; Filed, Dec. 14, 1970; 8:51 am .] ALABAMA-TENNESSEE NATURAL Dated: December 11,1970. GAS CO. By order of the Federal Maritime Notice of Petition To Amend Commission. PITTSTON STEVEDORING CORP. AND F rancis C. H urn ey , CHILEAN LINE, INC. D ecember 8, 1970. Secretary. Notice of Agreement Filed Take notice that on November 25, [F.R. Doc. 70-16881; Filed, Dec. 14, 1970; 1970, Alabama-Tennessee Natural Gas 8.51 a.m.] Notice is hereby given that the follow­ Company (petitioner), Post Office Box ing agreement has been filed with the 918, Florence, AL 35630, filed in Docket Commission for approval pursuant to No. CP70-191 a petition to amend the PITTSTON STEVEDORING CORP. AND section 15 of the Shipping Act, 1916, as order issuing a certificate of public con­ ^ CHILEAN LINE, INC. amended (39 Stat. 733, 75 Stat. 763, 46 venience and necessity pursuant to sec­ U.S.C. 814). tion 7(c) of the Natural Gas Act in said Notice of Agreement Filed Interested parties may inspect and docket by authorizing Petitioner to re­ , Notice is hereby given that the follow­ obtain a copy of the agreement at the arrange sales and deliveries of natural ing agreement has been filed with the Washington office of the Federal Mari­ gas to certain existing customers, all as Commission for approval pursuant to time Commission, 1405 I Street NW., more fully set forth in the petition to section 15 of the Shipping Act, 1916, as Room 1202; or may inspect the agree­ amend which is on file with the Com­ amended (39 Stat. 733, 75 Stat. 763, 46 ment at the Field Offices located at mission and open to public inspection. U.S.C. 814). New York, N.Y., New Orleans, La., and Petitioner states that certain of its Interested parties may inspect and ob­ San Francisco, Calif. Comments on such customers have requested reductions in tain a copy of the agreement at the agreements, including requests for hear­ daily deliveries, that other customers Washington office of the Federal Mari­ ing, may be submitted to the Secretary, have requested increases in daily de­ time Commission, 1405 I Street NW, Federal Maritime Commission, Wash­ liveries, and that the reductions and Room 1202; or may inspect the agree- ington, D.C. 20573, within 10 days after increases offset each other so that only _ ment at the Field Offices located at New publication of this notice in the F ederal a rearrangement is required. The pro­ York, N.Y., New Orleans, La., and San R egister. Any person desiring a hearing posed rearrangement calls for the re­ Francisco, Calif. Comments on such on the proposed agreement shall provide duction of 1,500 Mcf of gas per day and agreements, including requests for hear­ a clear and concise statement of the ing, may be submitted to the Secretary, matters upon which they desire to ad­ 450 Mcf per day in deliveries to the city Federal Maritime Commission, Washing­ duce evidence. An allegation of dis­ of Tuscumbia and Reynolds Metals Co., ton, D.C. 20573, within 10 days after crimination or unfairness shall be ac­ respectively, and for increases of 1,500 publication of this notice in the F ederal companied by a statement describing the Mcf per day and 450 Mcf per day in R egister. Any person desiring a hearing discrimination or unfairness with par­ deliveries to USS Agri-Chemicals, Divi­ on the proposed agreement shall provide ticularity. If a violation of the Act or sion of United States Steel, and Muscle a clear and concise statement of the detriment to the commerce of the United matters upon which they desire to States is alleged, the statement shall set Shoals Natural Gas Corp., respectively. adduce evidence, An allegation of dis­ forth with particularity the acts and cir­ Petitioner states that no additional crimination or unfairness shall be ac­ cumstances said to constitute such viola­ facilities or gas supply are required and companied by a statement describing the tion or detriment to commerce. there will be no appreciable overall discrimination or unfairness with par­ A copy of any such statement should effect on Petitioner’s revenues, expenses ticularity. If a violation of the Act or also be forwarded to the party filing the detriment to the commerce of the United and income. agreement (as indicated hereinafter) Any person desiring to be heard or to States is alleged, the statement shall set and the statement should indicate that forth with particularity the acts and this has been done. make any protest with reference to said circumstances said to constitute such Notice of agreement filed by: petition to amend should on or before violation or detriment to commerce. December 28, 1970, file with the Federal A copy of any such statement should Mr. Ronald'A. Capone, Kirlin, Campbell & Power Commission, Washington, D.C. also be forwarded to the party filing the Keating, Attorneys for Chilean Line, Inc., agreement (as indicated hereinafter) The Farragut Building, 900 17th Street 20426, a petition to intervene or a protest and the statement .should indicate that NW., Washington, DC 20006. in accordance with the requirements of this has been done. Agreement No. T-2476, between Pitts­ the Commission’s rules of practice and Notice of agreement filed by: ton Stevedoring Corp. (Pittston) and procedure (18 CFR 1.8 or 1.10) and the Mr. Ronald A. Capone, Kirlin, Campbell & Chilean Line, Inc. (Chilean Line), pro­ regulations under the Natural Gas Act Keating, Attorneys for Chilean Line, Inc., vides for Pittston to act as terminal op­ (18 CFR 157.10). All protests filed with The Farragut Building, 900 17th Street, erator and stevedore for Chilean Line as the Commission will be considered by it NW„ Washington, DC 20006. outlined in the agreement. Chilean Line agrees to employ Pittston as its sole con­ in. determining the appropriate action ' Agreement No. T-2475, between Pitts- tractor for stevedoring and related termi­ to be taken but will not serve to make ton Stevedoring Corp. (Pittston) and the protestants parties to the proceeding. Chilean Line, Inc. (Chilean Line), pro­ nal services in the Port of Greater New vides for Pittston to render terminal serv­ York except when cargo must be dis­ Any person wishing to become a party to ices at Chilean Line’s premises at the charged at certain locations where a proceeding or to participate as a party Port Authority Grain Terminal, Brook­ Pittston cannot perform services. in any hearing therein must file a peti­ lyn, N.Y., as outlined in the agreement. tion to intervene in accordance with Pittston will collect dockage, wharfage, Dated: December 11,1970. the Commission’s rules. and demurrage charges from all users of the terminal and pay such charges, less F rancis C. H urn ey , G ordon M. G rant, cost of clerical services, to Chilean Line Secretary. Secretary. subject to a minimum guarantee of [F.R. Doc. 10-16883; Filed, Dec. 14, 1970; [FJR. Doc. 70-16795; Filed, Dec. 14, 1970; $150,000 per year. 8:51 a.m.] 8:48 a.m.]

FEDERAL REGISTER, V O L 35, NO. 242— TUESDAY, DECEMBER 15, 1970 NOTICES 18993 [Docket No. CI62—484] increase, such increase be permitted to miles of 26-inch pipeline in lieu of the become effective without suspension. authorized 13 miles of 20-inch pipeline. ARTEX OIL CO. Copies of the filing were served on (d) To authorize Petitioner to con­ Notice of Redesignation Mountain Fuel and on interested state struct 0.5 mile of 6-inch and 0.4 mile of Commissions. Concurrently with the fil­ 4-inch pipeline to connect three pro­ D ecember 7,1970. ing, Cascade submitted a copy of a letter ducing wells in Kearny County, Kans., in On September 14, 1970, Artex Oil Co., from Mountain Fuel dated November 4, lieu of the authorized 3 miles of 6-inch filed a letter to advise the Commission 1970, stating that that company does not pipeline, in sections of approximately that effective May 25, 1970, Arco Indus­ oppose the increase in rate. 1.5 miles each, to connect to petitioner’s tries ceased doing business as Arco Any person desiring to be heard or to gathering system three producing wells Petroleum Co. and commenced doing make any protest with reference to said in Kearny County, Kans., and two pro­ business as Artex Oil Co. as evidenced tender should on or before December 23, ducing wells in Grant County, Kans. by a certificate of abandonment of fic­ 1970, file with the Federal Power Com­ (e) To delete the authorization for the titious name dated May 28, 1970, and a mission, Washington, D.C. 20426, peti­ authorized gathering facilities to con­ certificate of corporation doing business tions to intervene or protests in accord­ nect 301 wells in the Panoma-Council under fictitious name dated May 28,1970. ance with the Commission’s rules of Grove Field in view of the fact that the Accordingly, (1) the certificate of practice and procedure (18 CFR 1.8 or wells were not drilled. corporation doing business under, ficti- 1.10). All protests filed with the Commis­ Any person desiring to be heard or to tous name dated May 28,1970, is accepted sion will be considered by it in determin­ make any protest with reference to said for filing effective as of May 25, 1970; ing the appropriate action to be taken petition to amend should on or before (2) the name of the respondent in the but will not serve to make the protestants December 28, 1970, file with the Federal proceeding pending in Docket No. RI70- parties to the proceeding. Persons wish­ Power Commission, Washington, D.C. 1653 is changed from Arco Petroleum ing to become parties to a proceeding or 20426, a petition to intervene or a pro­ Co. to Artex Oil Co.; and (3) the name of to participate as a party in any hearing test in accordance with the requirements the certificate holder in the following therein must file petitions to intervene in of the Commission’s rules of practice and dockets is changed from Arco Petroleum accordance with the Commission’s rules. procedure (18 CFR 1.8 or 1.10) and the Co. or Arco Petroleum Co. by Arco Indus­ G ordon M . G rant, regulations under the Natural Gas Act tries to Artex Oil Co. and the related . Secretary. (18 CFR 157.10). All protests filed with FPC gas rate schedules are redesignated the Commission will be considered by it with the same numerical designations: [F.R. Doc. 70-16793; Filed, Dec. 14, 1970; in determining the appropriate action 8:48 a.m.] FPC gas rate Certificate to be taken but will not serve to make schedule No. docket No. the protestants parties to the proceed­ 1 ______[Docket No. CP66-226] ing. Any person wishing to become a 2 . ___ Cl62-484 party to a proceeding or to participate as 3 _ _ ___ CI63-1082 CITIES SERVICE GAS CO. a party in any hearing therein must file 4 ______----- CI63-507 5 ______Notice of Petition To Amend a petition to intervene in accordance 6 » ______with the Commission’s rules. 7* . D ecember 8, 1970. G ordon M . G rant, 8 i ______Take notice that on November 27,1970, Secretary. 1 "By Arco Industries” Cities Service Gas Co. (petitioner), Post [F.R. Doc. 70-16797; Filed, Dec. 14, 1970; Office Box 25128, Oklahoma City, OK 8:49 a.m.] G ordon M . G rant, 75125, filed in Docket No. CP66-226 a Secretary. petition to amend the order of the Com­ (PJt. Doc. 70-16796; Piled, Dec. 14, 1970; mission dated August 15, 1967 (38 FPC [Docket No. CP71-153] 8:48 a.m.] 364), granting a certificate of public con­ venience and necessity pursuant to sec­ CONSOLIDATED GAS SUPPLY COJIP. tion 7(c) of the Natural Gas Act so as Notice of Application [Docket No. RP71-51] to conform such certificate authorization CASCADE NATURAL GAS CORP. to the facilities actually installed, all as December 8,1970. more fully set forth in the petition to Take notice that on November 25,1970, Notice of Proposed Increase in amend which is on file with the Commis­ Consolidated Gas Supply Corp., a sub­ Natural Gas Rates sion and open to public inspection. sidiary of Consolidated Natural Gas Co. On August 15, 1967, the Commission (applicant), 4 Gateway Center, Pitts­ December 8,1970. authorized Petitioner, inter alia, to in­ burgh, Pa. 15222, filed in Docket No. Take notice that on December 1, 1970, stall various facilities to increase the CP71-153 an application pursuant to cascade Natural Gas Corp. (Cascade) peak day capacity of its Kansas-Hugoton section 3 of the Natural Gas Act for an tendered for filing a proposed change in pipeline from 505,000 to 605,000 Mcf and order of the Commission authorizing its FPC Gas Tariff, Rate Schedule No. to take up to an additional 100,000 Mcf applicant to import liquefied natural gas l (a contract dated Sept. 3, 1965), to be of natural gas per day into such pipe­ (LNG) from Algeria into the United effective as of January 1,1971. The filing line from existing sources in the Kansas- States, all as more fully set forth in the proposes to implement the periodic price Hugoton area. application which is on file with the Com­ Provision of article IV of the rate Petitioner requests that the Commis­ mission and open to public inspection. schedule to increase the level of rate sion amend the above mentioned Applicant seeks authorization to import irom 21 cents per Mcf to 22 cents. The certificate authorization in the following for an initial term of 25 years up to 82,125 ffnpact of the change would increase the ways: billion B.t.u.1 of LNG annually.2 charges to its sole jurisdictional customer, (a) To authorize Petitioner to con­ Applicant states that it is advised that ountain Fuel Supply Co. (Mountain struct 147.2 miles of 26-inch pipeline the natural gas proposed to be imported ~uei) by approximately $128,000 per an­ looping its Kansas-Hugoton pipeline in will be produced and gathered in the num, based on operations for the 12- lieu of the authorized 176.64 miles of 26- month period ended July 31, 1970. inch loop. 1 Equivalent to approximately 73 million Cascade states that the filing is neces- (b) To delete the authorization for an Mcf per year of natural gas in vaporous state ary because of the periodic increases in additional 135,000 Mcf per day capacity at. 1,125,000 B.t.u./M cf or 200,000 Mcf per purchase gas costs which become ef­ in its existing dehydration plant at the day under like conditions. fective as of January 1, 1971, as well as Hugoton Compressor Station, Grant 2 Concurrently with the filing of the in­ „.^eases in other operating costs. The County, Kans. stant application, El Paso Eastern Company mpany requests that in view of the filed in Docket No. CP71-66 a notice of with­ (c) To authorize Petitioner to con­ drawal of its application for authorization deficiency in earnings after the proposed struct 9.77 miles of 20-inch and 3.23 to import these volumes of LNG.

No. 242------7 FEDERAL REGISTER, V O L 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18994 NOTICES Hassi R’Mel field in Algeria by the must file a petition to intervene in ac­ der is on file with the Commission and Société Nationale de Recherche et d’Ex­ cordance with the Commission’s rules. available for public inspection. ploration des Pétrols en Algérie. The gas G ordon M. G rant, G ordon M . G rant, will be transferred to the Société Nation­ Secretary. Secretary. ale pour la Recherche, la Production, le Transport, la Transformation et la [F.R. Doc. 70-16798; Filed, Dec. 14, 1970; [F.R. Doc. 70-16794; Filed, Dec. 14, 1970; Commercialisation des Hydrocarbures 8:49 a.m.] 8:48 a.m.] (Sonatrach), an Algerian government corporation. Sonatrach will cause the {Docket No. RP71-50] [Docket No. CP71-154] quantities of natural gas so produced and gathered to be transported and delivered EASTERN SHORE NATURAL GAS CO. EL PASO NATURAL GAS CO. to its liquefaction plant site, to be situ­ Notice of Proposed Increases in Notice of Application ated near the seaport of Arzew, Algeria. There Sonatrach will liquefy such gas, Natural Gas Rates D ecember 8, 1970. store and load LNG through its facilities D ecember 4, 1970. Take notice that on November 30,1970, into LNG tankers, at which point the Take notice that on November 30, El Paso Natural Gas Co. (El Paso), LNG will be sold to El Paso Algeria Corp. 1970, Eastern Shore Natural Gas Co. Post Office Box 1492, El Paso, TX 79999, (El Paso Algeria), a Delaware corpora­ (Eastern Shore) tendered for filing pro­ filed in Docket No. CP71-154 an applica­ tion. The LNG will then be shipped to posed changes in its FPC Gas Tariff tion pursuant to section 7(c) of the the United States via LNG tankers owned Original Volume No. 1, to be effective Natural Gas Act for a certificate of public by the El Paso Marine Co., a Liberian^ as of January 1,1971. The filing proposes convenience and necessity authorizing corporation. Aboard ship, on the high to increase the commodity component the emergency standby sale and delivery seas at a point west of the 50th meridian, of Eastern Shore’s Rate Schedules Nos. of natural gas to Southern Union Gas Co. west longitude, the LNG will be sold by CD-I, CD-E, G, and PS-1 by 1 cent per (Southern Union) and the construction El Paso Algeria to applicant. The LNG Mcf (from 31.4 cents to 32.4 cents) and and operation of certain pipeline facili­ will be transported to a point of unload­ to increase the rate level of its inter­ ties therefor for a limited term continu­ ing and storage to be located at Cove ruptible service under Rate Schedule ing through September 30, 1971, all as Point, Md., or such other port on No. 1-1 by 8 cents per Mcf (from 42 more fully set forth in the application on the eastern seacoast of the United States cents to 50 cents). The impact of such file with the Commission and open to as applicant shall select. changes would increase its jurisdictional public inspection. Applicant states that the base import revenues by approximately $32,000 per The application states that El Paso and price which it will pay to El Paso Algeria an n u m based on operations for the 12- Southern Union have entered into a is 58.5 cents per million B.t.u.,3 which month period ended July 31, 1970. Service Agreement dated October 1,1970, includes the base cost of LNG purchased Eastern Shore states that the filing is which provides for the limited term, by El Paso Algeria from Sonatrach and necessary to effectuate a partial track­ emergency standby sale and delivery of the estimated base cost of transportation natural gas to Southern Union. Upon to be incurred by El Paso Algeria in caus­ ing of the 1 cent per Mcf increase in the receipt of requisite authorization El ing such LNG to be shipped by El Paso commodity component of its supplier’s Paso will deliver up to 7,000 Mcf of Marine Co. and delivered to a terminal in (Transcontinental’s) Rate Schedule No. natural gas daily as and when needed by Cove Point, Md. If another terminal is CD-3 on January 1, 1970, and a further Southern Union on an emergency selected, a new base import price will be increase thereof of 1 cent per Mcf on standby basis at a point of interconnec­ computed using the same factors and in January 1, 1971. Eastern Shore also tion of El Paso’s and Southern Union’s the same manner as were utilized in ar­ states that the filing reflects the tra­ facilities in Hutchinson County, Tex. riving at the base, price for Cove Point, ditional Seaboard cost allocation meth­ The application states that the service Md. In either case, such base price will be odology using an overall rate of return required by Southern Union is a result subject to various adjustments. of 8.25 percent. The filing also contains of a continuing decline in production Applicant states that it must seek al­ a “Stipulation as to Rates” providing pressure of the supply sources utilized by ternative sources of gas supply if it is to for future rate reductions to track sup­ Southern Union for service to Borger, maintain existing levels of service to its plier rate reductions and a flow-through Tex., and environs. As a result of such system and to meet the growth in re­ of supplier refunds. pressure decline, supply may not be quirements in the foreseeable future. Ap­ Copies of the filing were served adequate to meet the needs of existing plicant further states that the proposed on Eastern Shore’s jurisdictional customers during the 1970-71 heating importation of LNG from Algeria will customers and upon interested State season. constitute an important and essential commissions. El Paso states that the total estimated new source of gas supply for applicant. Any person desiring to be heard or cost of the proposed facilities, consisting Any person desiring to be heard or to to make any protest with reference to of a tap and necessary appurtenances, is make any protest with reference to said said tender should on or before Decem­ $2,650, which will be paid for and in­ application should on or before Decem­ ber 21, 1970, file with the Federal Power stalled by Southern Union. ber 28, 1970, file with the Federal Power Commission, Washington, D.C. 20426, pe­ Any person desiring to be heard or to Commission, Washington, D.C. 20426, a titions to intervene or protests in ac­ make any protest with reference to said petition to intervene or a protest in ac­ cordance with the requirements of the application should on or before Decem­ cordance with the requirements of the Commission’s rules of practice and pro­ ber 29, 1970, file with the Federal Power Commission’s rules of practice and pro­ cedure (18 CFR 1.8 or 1.10). All protests Commission, Washington, D.C. 20426, a cedure (18 CFR 1.8 or 1.10). All protests petition to intervene or a protest in ac­ filed with the Commission will be con­ filed with the Commission will be con­ cordance with the requirements of the sidered by it in determining the appro­ sidered by it in determining the appro­ Commission’s rules of practice and pro­ priate action to be taken but will not priate action to be taken but will not cedure (18 CFR 1.8 or 1.10) and the serve to make the protestants parties to serve to make protestants parties to the regulations under the Natural Gas Act the proceeding. Any person wishing to proceeding. Persons wishing to become (18 CFR 157.10). All protests filed with become a party to a proceeding or to par­ the Commission will be considered by it ticipate as a party in any hearing therein parties to a proceeding or to participate in determining the appropriate action as a party in any hearing therein must to be taken but will not serve to make the 3 Equivalent to approximately 65.8 centsfile petitions to intervene in accordance protestants parties to the proceeding. per Mcf at 1,125,000 B.t.u./Mcf. with the Commission’s rules. The ten­ Any person wishing to become a party

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 NOTICES 18995 to a proceeding or to participate as a Applicant further seeks authority to under the Federal Power Act (17 U.S.C. party in any hearing therein must file a construct and operate a new 4,000 horse­ 791a-825r) by Leonard Lundgren (cor­ petition to intervene in accordance with power reciprocating compressor station respondence to: Leonard Lundgren, Post the Commission’s rules. near Guernsey, Wyo., and approximately Office Box 70, Bend, OR 97701), for his Take further notice that, pursuant to 162 miles of 12-inch and 16-inch pipe­ constructed Jack Creek Project No. 1097, the authority contained in and subject line in Wyoming and Nebraska. located on Jack Creek, tributary to to the jurisdiction conferred upon the Applicant states that the new facilities Metolious River, in Jefferson County, Federal Power Commission by sections are necessary to permit it to receive ex­ Oreg., and affects lands of the United 7 and 15 of the Natural Gas Act and the change gas and to purchase additional States within the Deschutes National Commission’s rules of practice and pro­ volumes of gas from PEPL and to meet Forest. cedure, a hearing will be held without increased firm market demands, esti­ further notice before the Commission on mated to increase 10,000 Mcf per day dur­ The existing Jack Creek Project con­ this application if no petition to inter­ ing the winter season of 1971-72. sists of: (1) A rock fill timber-crib diver­ vene is filed within the time required Applicant estimates that the cost of sion dam about 2 feet high and 50 feet herein, if the Commission on its own these facilities will be approximately long, and a diversion canal about 11,900 review of the matter finds that a grant $9,185,000, which will be financed out feet long located on U.S. lands (2) 30- of the certificate is required by the public of current working capital and interim inch steel penstock about 350 feet long; convenience and necessity. If a petition bank loans, which at a later date will be (3) powerhouse containing one generat­ for leave to intervene is timely filed, or funded through a security issue. ing unit with 93 kw. capacity; (4) 23 if the Commission on its own motion be­ Any person desiring to be heard or to kv. transmission line about 3,135 feet lieves that a formal hearing is required, make any protest with reference to said long extending from the powerhouse to further notice of such hearing will be application should on or before Decem­ the Applicant’s home and the home of duly given. ber 28, 1970, file with the Federal Power an employee of the Applicant, and (5) Under the procedure herein provided Commission, Washington, D.C. 20426, a appurtenant facilities. for, unless otherwise advised, it will be ' petition to intervene or a protest in ac­ Any person desiring to be heard or unnecessary for Applicant to appear or cordance with the requirements of the to make any protest with reference to be represented at the hearing. Commission’s rules of practice and proce­ said application should on or before January 8, 1971, file with the Federal G ordon M . G rant, dure (18 CFR 1.8 or 1.10) and the regula­ Secretary. tions under the Natural Gas Act (18 CFR Power Commission, Washington, D.C. 157.10). All protests filed with the Com­ 20426, petitions to intervene or protests [F. R. Doc. 70-16799; Filed, Dec. 14, 1970; mission will be considered by it in deter­ in accordance with the requirements of 8:49 a.m.J mining the appropriate action to be taken the Commission’s rules of practice and but will not serve to make the protestants procedure (18 CFR 1.8 or 1.10). All pro­ [Docket No. CP71-149] parties to the proceeding. Any person tests filed with the Commission will be wishing to become a party to a proceeding considered by it in determining the ap­ KANSAS-NEBRASKA NATURAL GAS or to participate as a party in any hear­ propriate action to be taken but Will not CO., INC. ing therein must file a petition to inter­ serve to make the protestants parties vene in accordance with the Commis­ to the proceeding. Persons wishing to Notice of Application sion’s rules. become parties to a proceeding or to D ecember 7,1970. Take further notice that, pursuant to participate as a party in any hearing Take notice that on November 23,1970, the authority contained in and subject therein must file petitions to intervene Kansas-Nebraska Natural Gas Co., Inc. to the jurisdiction conferred upon the in accordance with the Commission’s (applicant), Phillipsburg, Kans., filed in Federal Power Commission by sections 7 rules. The application is on file with the Docket No. CP71-149, an application and 15 of the Natural Gas Act and the Commission and available for public pursuant to section 7(c) of the Natural Commission’s rules of practice and inspection. Gas Act for a certificate of public con­ procedure, a hearing will be held without G ordon M . G rant, venience and necessity authorizing Ap­ further notice before the Commission on Secretary. plicant to construct and operate certain this application if no petition to inter­ [F.R. Doc. 70-16801; Filed, Dec. 14, 1970; facilities, to increase the working gas vene is filed within the time required 8:49 a.m.] volume of its underground storage facili­ herein, if the Commission on its own re­ ties, and to provide for increased firm view of the matter finds that r, grant of market demands of certain of its exist­ the certificate is required by the public [Docket No. G—2335, etc.] ing customers, all as more fully set forth convenience and necessity. If a petition m the application which is on file with for leave to intervene is timely filed, or MID LOUISIANA GAS CO. the Commission and open to public if the Commission on its own motion be­ Notice of Petition To Amend inspection. lieves that a formal hearing is required, D ecember 7, 1970. Applicant proposes to accept increased further notice of such hearing will be volumes of exchange gas from Pan­ duly given. Take notice that on September 15, handle Eastern Pipeline Co. (PEPL) and Under the procedure herein provided 1970, as supplemented on November 25, to purchase additional volumes of gas for, unless otherwise advised, it will be 1970, Mid Louisiana Gas Co. (petitioner) from PEPL as provided in an exchange unnecessary for Applicant to appear or filed in Docket No. G-2335 et al., a peti­ agreement between the parties previously be represented at the hearing. tion to amend the orders of the Com­ authorized by the Commission’s order mission issuing certificates of public con­ dated June 19, 1970, in Dockets Nos. CP G ordon M. G rant, venience and necessity in the subject jo- 249 and CP70-243. Said gas is to be Secretary. dockets by substituting the name “Mid delivered at an existing delivery point [F.R. Doc. 70-16800; Filed, Dec. 14, 1970; Louisiana Gas Company” for “Humble for exchange gas near Douglas, Con­ 8:49 a.m.] Gas Transmission Company,” all as more verse County, Wyo. fully set forth in the petition to amend which is on file with the Commission and Applicant seeks authority to increase [Project No. 1097] ivorking gas of Huntsman Storage open to public inspection. iield, located in Cheyenne County, Nebr., LEONARD LUNDGREN Petitioner states that the certificates 5° ».maximum of 27 billion cubic feet. of public convenience and necessity is­ Applicant states that the increase is Notice of Application for New License sued in the subject dockets were issued necessary and desirable in order to for Constructed Project to Humble Gas Transmission Co. Peti­ alance contractual minimum gas pur- D ecember 7, 1970. tioner further states that Petitioner's rw Se obligations and system market Public notice is hereby given that ap­ Certificate of Incorporation was amend­ plication for new license has been filed ed on May 4, 1970, to change its name

FEDERAL REGISTER, V O L 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18996 NOTICES from Humble Gas Transmission Co. to at Cairo and Herscher Northwest are with the Commission’s rules. The appli­ Mid Louisiana Gras Co. sufficient to meet the storage require­ cation is on file with the Commission and Any person desiring to be heard or ments of petitioner and that the addi­ available for public inspection. tional proposed facilities are not required to make any protest with reference to G ordon M . G rant, said petition to amend should oh or be­ at this time. Secretary. fore December 28, 1970, file with the Any person desiring to be heard or to Federal Power Commission, Washington, make any protest with reference to said [F.R. Doc. 70-16804; Filed, Dec. 14, 1970; D.C. 20426, a petition to intervene or a petition to amend should on or before 8:49 a.m.] protest in accordance with the require­ December 28, 1970, file with the Federal ments of the Commission’s rules of prac­ Power Commission, Washington, D.C. [Docket No. CP71-152] tice and procedure (18 CFR 1.8 or 1.10) 20426, a petition to intervene or a pro­ and the regulations under the Natural test in accordance with the requirements PANHANDLE EA5TERN PIPE LINE CO. Gas Act (18 CFR 157.10). All protests of the Commission’s rules of practice Notice of Application filed with the Commission will be con­ and procedure (18 CFR 1.8 or 1.10) and sidered by it in determining the appro­ the regulations under the Natural Gas D ecember 4, 1970. priate action to be taken but will not Act (18 CFR 157.10). All protests filed Take notice that on November 25,1970, serve to make the protestants parties to with the Commission will be considered Panhandle Eastern Pipe Line Co. (appli­ the proceeding. Any person wishing to by it in determining the appropriate ac­ cant) , Post Office Box 1642, Houtson, TX become a party to a proceeding or to tion to be taken but will not serve to make 77001, filed in Docket No. CP71-152 an participate as a party in any hearing the protestants parties to the proceeding. application pursuant to section 7 of the therein must file a petition to intervene Any person wishing to become a party to Natural Gas Act requesting authoriza­ in accordance with the Commission’s a proceeding or to participate as a party tion to install two interconnections with rules. in any hearing therein must file a peti­ Northern Natural Gas Co., operating as G ordon M. G rant, tion to intervene in accordance with the Peoples Natural Gas Division (North­ Secretary. Commission’s rules. ern) , and to transport gas for Northern [F.R. Doc. 70-16802; Filed, Dec. 14, 1970; G ordon M . G rant, through the use of applicant’s existing 8:49 a.m.] Secretary. system in accordance with an intercon­ [F.R. Doc. 70-16803; Filed, Dec. 14, 1970; nection and transportation agreement 8:49 a.m.] dated November 19, 1970, between the [Docket No. CP70-119 (Phase I) ] parties, all as more fully set forth in the application which is on file with the NATURAL GAS PIPELINE COMPANY [Project No. 1553] Commission and open to public inspec­ OF AMERICA NEW JERSEY ZINC CO. tion. Notice of Petition To Amend Specifically, applicant requests Com­ Notice of Application for New License mission authorization to transport up to D ecember 8,1970. for Constructed Project 20,000 Mcf of gas per day for Northern Take notice that on November 23,1970, through a portion of applicant’s existing Natural Gas Pipeline Company of Amer­ D ecember 7, 1970. system in the State of Kansas. The gas ica (petitioner), filed in Docket No. Public notice is hereby given that ap­ is to be delivered to applicant near CP70-119 (Phase I) a petition to amend plication for a new license has been filed Ulysses, Kans., and will be transported the order dated March 5, 1970, issuing a under the Federal Power Act (16 U.S.C. through applicant’s 26-inch Hugoton certificate of public convenience and 791a-825r) by The New Jersey Zinc Co. supply line and then into applicant’s necessity, all as more fully set forth in (correspondence to: A. L. Hayes, The mainline for redelivery to Northern up­ the petition to amend which is on file New Jersey Zinc Co., Gilman, Colo. stream of applicant’s Haven Compressor with the Commission and open to public 81635) for its constructed Fall Creek Station in Reno County, Kans. An alter­ inspection. Hydroelectric Plant, Project No. 1553 nate point of redelivery will be con­ Specifically, petitioner requests that located on Fall Creek in Eagle County, structed in Harper County, Kans., where said order be amended to delete the au­ Colo., in the region of Belden, Gilman, a connection between Northern’s system thorization for petitioner to construct Redcliff, and Mintuim and affects lands and applicant’s Elk City Supply Line will and operate: (a) Approximately 7.98 of the United States within White River be made. miles of 24-inch pipeline looping in Ogle National Forest. The last license for the Applicant states that the estimated and Winnebago Counties, 111.; (b) four project expired on June 27, 1970. cost of the project is approximately injection-withdrawal wells and approx­ The existing project consists of: (1)A $37,000, to be financed from general imately 1 mile of 6-inch gathering pipe­ head gate and intake reservoir; (2) a 15- funds. line at the Cairo Storage Field, Louisa inch diameter pipeline approximately Applicant states that the implementa­ County, Iowa; (c) four injection-with­ 3,000 feet in length extending from Fall tion of the proposed project will increase drawal wells and approximately 1.50 Creek to the powerhouse; (3) a power­ the utilization of applicant’s facilities in­ miles of 6-inch gathering pipeline at the house, of concrete block construction, volved in the project but will not impair Columbus City Storage Field, Louisa containing three Pelton wheels, two of its ability to serve other customers, since County, Iowa, and (d) two injection- which drive air compressors and the the proposed transportation service is in­ withdrawal wells and approximately 0.75 third a lOO-kv.-a generator. terruptible at applicant’s option. Further, mile of 12-inch gathering pipeline at the Any person desiring to be heard or to the project will enable Northern to make Herscher Northwest Storage Field, Kan­ make any protest with reference to said available to its Eastern System volumes kakee County, 111. application should on or before Janu­ of gas produced in the Hugoton Field Petitioner states that it has been in­ ary 11, 1971, file with the Federal Power with a minimum of new facilities and at formed by Mid-Illinois Gas Co. that the Commission, Washington, D.C. 20426, minimum cost. proposed pipeline looping in Ogle and petitions to intervene or protests in ac­ Any person desiring to be heard or to Winnebago Counties, III., will not be re­ cordance with the requirements of the make any protest with reference to said quired at this time due to their pending Commission’s rules of practice and pro­ application should on or before Decem­ merger with Northern Illinois Gas Co. cedure (18 CFR 1.8 or 1.10). All protests ber 28, 1970, file with the Federal Power The petitioner further states that as a filed with the Commission will be con­ Commission, Washington, D.C. 20426, a result of development work in the Mount sidered by it in determining the appropri­ petition to intervene or a protest in ac­ Simon formation in Iowa, any additional ate action to be taken but will not serve cordance with the requirements of the construction with regard to the Colum­ to make the protestants parties to the Commission’s rules of practice and pro­ bus City-St. Peter facility is being de­ proceeding. Persons wishing to become cedure (18 CFR 1.8 or 1.10) and the reg­ ferred. Furthermore, evaluation of with­ parties to a proceeding or to participate ulations under the Natural Gas Act (11° drawals made during the winter of 1969- as a party in any hearing therein must CFR 157.10). All protests filed with the 70 indicates that the existing facilities file petitions to intervene in accordance Commission will be considered by it i*1

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 NOTICES 18997 determining the appropriate action to be corporation. Sonatrach will cause the nessee and Alabama-Tennessee inter aiiyy taken but will not serve to make the pro- quantities of natural gas so produced to indicate by appropriate notes to finan­ testants parties to the proceeding. Any and gathered to be transported and de­ cial statements that each had sought person wishing to become a party to a livered to its liquefaction plantsite, to be Commission approval of a higher de­ proceeding or to participate as a party situated near the seaport of Arzew, Al­ preciation rate, that such depreciation in any hearing therein must file a peti­ geria. There Sonatrach will liquefy such rates had not been approved by the tion to intervene in accordance with the gas, store and load LNG through its fa­ Commission, and that depreciation ex­ Commission’s rules. cilities into LNG tankers, at which point penses were not to be charged on books Take further notice that, pursuant to the LNG will be sold to El Paso Algeria of account at such higher rates. the authority contained in and subject to Corp. (El Paso Algeria), a Delaware cor­ The Commission has on its own mo­ the jurisdiction conferred upon the Fed­ poration. The LNG will then be shipped tion reviewed these provisions of our eral Power Commission by sections 7 and to the United States via LNG tankers October 13 orders. Upon reconsideration 15 of the Natural Gas Act and the Com­ owned by the El Paso Marine Co., a we deem it inappropriate for either to mission’s rules of practice and proce­ Liberian corporation. Aboard ship, on the charge depreciation expenses on its dure, a hearing will be held without high seas at a point west of the 50th books of account at a rate which is less further notice before the Commission on meridian, west longitude, the LNG will than that claimed to establish charges this application if no petition to inter­ be sold by El Paso Algeria to applicant. vene is filed within the time required to its customers for gas service. Tp that The LNG will be transported to a point extent we reverse such orders of Octo­ herein, if the Commission on its own re­ of unloading and storage to be located view of the matter finds that a grant of at Savannah, Ga. ber 13, 1970, and will permit each to the certificate is required by the public Applicant states that the base import charge on its books of account com­ convenience and necessity. If a petition price which it will pay to El Paso Algeria mencing April 1, 1971, depreciation ex­ for leave to intervene is timely filed, or is 65 cents per million B.t.u.,3 which in­ penses calculated at its claimed depre­ if the Commission on its own motion cludes the base cost of LNG purchased ciation rate. From April 1, 1971, until believes that a formal hearing is required, by El Paso Algeria from Sonatrach and such time as the Commission prescribes further notice of such hearing will be the estimated base cost of transporta­ appropriate depreciation rates the de­ duly given. tion to be incurred by El Paso Algeria preciation rates to be allowed herein Under the procedure herein provided in causing such LNG to be shipped and should be considered to be contingent for, unless otherwise advised, it will be delivered. Such base price will be subject and appropriately so noted on financial unnecessary for Applicant to appear or to various adjustments. statements issued to the public. be represented at the hearing. Applicant states that the proposed The Commission orders: G ordon M. G rant, importation will be of material assist­ (1) The paragraph beginning at the Secretary. ance in alleviating gas supply problems bottom of page 3 and ending at the mid­ being experienced in applicant’s market dle of page 4, and ordering paragraph [F.R. Doc. 70-16805; Filed, Dec. 14, 1970; area, and will provide a new source of 8:49 a.m.] (E) of our October 13, 1970, order in natural gas presently in great demand Docket No. RP71-6 (Tennessee) are to be for the reduction of air pollution. stricken. [Docket No. CP71-151] Any person desiring to be heard or (2) The second paragraph on page 4, to make any protest with reference to SOUTHERN ENERGY CO. and ordering paragraph (D) of our Oc­ said application should on or before De­ tober 13, 1970, order in Docket No. Notice of Application cember 28, 1970, file with the Federal RP71-7 (Alabama-Tennessee) are to be Power Commission, Washington, D.C. stricken. D ecember 7, 1970. 20426, a petition to intervene or a pro­ Take notice that on November 25,1970, test in accordance with the requirements (3) Except as herein modified all pro­ Southern Energy Co. (applicant), Post of the Commission’s rules of practice visions of such orders are to remain in Office Box 2563, Birmingham, Ala. 35202, and procedure (18 CFR 1.8 or 1.10). All full force and effect. filed in Docket No. CP71-151 an appli­ protests filed with the Commission will By the Commission. cation pursuant to section 3 of the Na­ be considered by it in determining the tural Gas Act for an order of the appropriate action to be taken but will [ seal] G ordon M. G rant, Commission authorizing applicant to not serve to make the protestants parties Secretary. unport liquefied natural gas (LNG) from to the proceeding. Any person wishing [FJl. Doc. 70-16807; Filed, Dec. 14, 1970; Algeria into the United States, all as to become s party to a proceeding or to 8:49 a.m.] “ Ofe fully set forth in the application participate as a party in any hearing therein must file a petition to intervene which is on file with the Commission and [Project No. 1888] open to public inspection. in accordance with the Commission’s rules. Applicant seeks authorization to im- YORK HAVEN POWER CO. ï?!?!:* an term of 25 years up to G ordon M . G rant, ¿05,312,500 million B.t.U.1 of LNG Secretary. Notice of Application for New License annually.* [FJR. Doc. 70-16806; Filed, Dec. 14, 1970; for Constructed Project 8:49 am .] Applicant states that it is advised that D ecember 8, 1970. me natural gas proposed to be imported [Docket Nos. RP71-6, RP71-7J Public notice is hereby given that ap­ will be produced and gathered in the plication for new license has been filed nassi R’Mel field in Algeria by the So­ TENNESSEE GAS PIPELINE CO. AND under section 15 of the Federal Power ciété Nationale de Recherche et d’Ex- ALABAMA-TENNESSEE NATURAL Act (16 U.S.C. 791a-825r) by York Haven Pioration des Pétrols en Algérie. The gas GAS CO. Power Co. (correspondence to: Roger D. will be transferred to the Société Nation­ Ley, Vice President, York Haven Power ale pour la Recherche, la Production, le Order Amending Prior Orders Provid­ Co., Post Office Box 542, Reading, PA ransport, la Transformation et la ing for Hearings, Rejecting Pro­ 19603) for its constructed York Haven rainrr\ercialisa^ on des Hydrocarbures posed Revised Tariff Sheets, and Project No. 1888, located on the Sus­ natrach), an Algerian government quehanna River, in Dauphin, Lancaster, Accepting and Suspending Pro­ and York Counties, Pa., in the vicinity Equivalent to approximately 182,500,0(X posed Alternative Revised Tariff of Harrisburg, Lancaster, and York. at i Pi of natural gas in vaporous stati Sheets r tc /’12?’000 B t -U-/Mcf or 500,000 Mcf pe: The York Haven Project consists of: day under likeconditiong v D ecember 8, 1970. (1) A main dam about 4,970 feet long stant0ncu^rently with the fillng of the in On October 13, 1970, we issued orders and 10 feet high (average) across the in n ! »P lication . El Paso Atlantic Co. filet in the above proceedings directing Ten- main channel of the River comprised of of it0Cket ^ ° ‘ CP71- 67 a notice of withdrawa a combination rockfill crib with a con­ application for authorization to tm. port these volumes of LNG. 3 Equivalent to approximately 73 cents per crete deck, a secondary dam of concrete Mcf at 1,125,000 Btu/M cf. gravity overflow type about 950 feet long

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 18998 NOTICES across the east channel of the River, and ents who are financially unable to retain F.R. 17454) stating that an application a stone masonry wall 3,000 feet long and counsel in the following terms: had been filed with the Small Business 20 feet high (average) forming a head­ We have no doubt that in a proper case Administration pursuant to § 107.102 of race to conduct water to the powerhouse; where a showing of financial inability is the regulations Governing Small Busi­ (2) a forebay bulkhead wall, 115 feet made out, a respondent is entitled to counsel. ness investment Companies (33 F.R. 326, long, extending from the powerhouse to We can think of nothing less conducive to 13 CFR Part 107) for a license to operate the transformer building, and then 475 fairness and due process in administrative as a minority enterprise small business procedures than to pit the power of the state, investment company by MESBIC of feet to the west bank of the River; (The armed with all of the panoply of the legal head gates that admit water to the In­ machinery (funds, investigatory resources, Washington, Inc., 3300 Rainier Avenue ternational Paper Co. plant, Project No. staff of skilled attorneys, etc.) against a South, Seattle, WA 98144. 2095, are located in this section of the single individual and then to deny that in­ Interested parties were invited to sub­ forebay wall); (3) a reservoir extending dividual the right to counsel when he denies mit their written comments to SBA. No upstream about 3 Vz miles with a normal the allegations and specifically asserts that comments were received. pool elevation of 276.5 feet (m.s.l.) and he cannot afford counsel. Notice is hereby given that pursuant having about 1,980 acre feet of pondage In the interest of further clarifying the to the provisions of the Small Business and a surface area of 1,828 acres; (4) principles established in the American Investment Act of 1958, as amended (15 a powerhouse containing 20 generating Chinchilla opinion, the Commission U.S.C. 661 et seq.), after having consid­ units having an aggregate installed ca­ hereby states its policies and procedures ered the application and all other pacity of 19,620 kilowatts; (5) a trans­ for assessing the claims of respondents pertinent information and facts with former building and adjacent switching who assert that they are financially un­ regard thereto, SBA has issued License structure; (6) recreation facilities, and able to retain counsel. No. 12/13-5026 to MESBIC of Washing­ (7) all other facilities and interests re­ If, at any time following the issuance ton, Inc., to operate as a minority enter­ quired for operation of the project. The of a proposed complaint, a request for prise small business investment company. present recreation facilities consist of counsel on the grounds of indigency is A. H. S inger, picnic areas, rental cottages, boat made by a natural person or partner­ Associate Administrator launching ramps, marinas, access bridge, ship, the Commission shall immediately for Investment. visitors center and a fishing area. En­ assign a Hearing Examiner for the pur­ largement and improvement of these pose of making findings on the indigency N ovember 23, 1970. facilities are planned. claim. The Hearing Examiner shall fur­ [F.R. Doc. 70-16787; Filed, Dec. 14, 1970; According to the application: (1) The nish the claimant with a form of affida­ 8:48 a.m.] project power is used in the service area vit, shall require its prompt execution, of the Metropolitan Edison Co’s system, and may conduct such interrogations of the claimant or require the production SMALL BUSINESS INVESTMENT an integral part of General Public Util­ COMPANY OF CONNECTICUT ities’ integrated system which in turn of such documents as he deems neces­ is part of the Pennsylvania-New Jersey- sary in order to make findings on the Notice of Filing of Application for Maryland Interconnection; (2) the esti­ claimant’s alleged financial inability to Transfer of Control of Licensed mated net investment in the project was retain counsel. Such findings shall be $1,356,000 for the year 1968, which is promptly forwarded to the Commission, Small Business Investment Com­ less than the estimated fair value; (3) which shall then rule on the claim on pany the estimated severance damages amount the basis of the claimant’s financial con­ The Small Business Investment Com­ to $330,400 in the event of “takeover” by dition, including his present and poten­ pany of Connecticut, License No. 01/02- the United States; and (4) the annual tial income and assets in relation to his 0052, 1115 Main Street, Bridgeport, CT taxes paid to State and local government existing obligations f to provide himself 06603, a licensed small business invest­ agencies is estimated to be $99,000. and his dependents’with the necessities ment company Under the Small Business Any person desiring to be heard or to of life. Investment Act of 1958, as amended, has make any protest with reference to said If the Commission concludes that the filed an application with the Small Busi­ application should on or before Febru­ claimant is financially unable to retain ness Administration for approval of a ary 1, 1971, file with the Federal Power counsel, the matter will then be referred change of control. Prior approval of Commission, Washington, D.C. 20426, to the Committee on the Federal Trade change of control is required under petitions to intervene or protests in ac­ Commission of the Antitrust Section of § 107.701 of SBA rules and regulations cordance with the requirements of the the American Bar Association for the (13 CFR Part 107, 33 F.R. 326). Commission’s rules of practice and proce­ designation of counsel from a panel of Small. Business Investment Company dure (18 CFR 1.8 or 1.10). All protests attorneys screened by such Committee as of Connecticut was licensed January 31, filed with the Commission will be con­ competent and available to represent re­ 1961. Its paid-in capital was $252,984 as sidered by it in determining the appro­ spondents in Federal Trade Commission of March 31,1970. As of August 11,1970, priate action to be taken but will not proceedings. Claimant shall thereupon 25,631 shares of its common stock were serve to make the protestants parties to have the option to accept the services of outstanding and held by 101 stockholders. the proceeding. Persons wishing to be­ said designated counsel or to appear pro The names and addresses of the per­ come parties to a proceeding or to par­ se in any subsequent proceedings. sons who propose to purchase 15,878 ticipate as a party in any hearing therein Issued: December 15, 1970. shares (61.9 percent) of the licensees must file petitions to intervene in accord­ By direction of the Commission. outstanding common stock are listed ance with the Commission’s rules. The below: " _ application is on file with the Commis­ [ seal] J oseph W. S hea, N u m b e r sion and available for public inspection. Secretary. Purchasers - ° f shares G ordon M . G rant, [F.R. Doc. 70-16776; Filed, Dec. 14, 1970; Sigmund L. Miller, 2625 Park Avenue, Secretary. 8:47 a.m.] Bridgeport CT 06604------2>000 Sigmund L. Miller, as Trustee for [F.R. Doc. 70-16808; Filed, Dec. 14, 1970; sister, Lani Schechter------L 00 8:49 a.m.] Sigmund L. Miller, as Trustee for SMALL BUSINESS sister, Benita Burstein------v 00 Sigmund L. Miller, as Trustee for mother, Fanny Miller------00 FEDERAL TRADE COMMISSION ADMINISTRATION Benita Burstein, for herself and as RESPONDENTS UNABLE TO AFFORD MESBIC OF WASHINGTON, INC custodian for a minor, 140 Fairfield Woods Road, Fairfield, CT——...... L 000 COUNSEL Notice of Issuance of License to Oper­ Lani Schechter, 64 East 86th Street, Statement of Policy ate as Minority Enterprise Small New York, NY______——------1>1U Business Investment Company Fanny Miller, 2625 Park Avenue, In American Chinchilla. Corp., Docket Bridgeport, CT 06604------ÖÜU No. 8774 (Dec. 23,1969), the Commission On November 13, 1970, a notice was Miss Julie Sombati, 117 Scofield Ave- stated its policy with respect to respond­ published in the F ederal R egister (35 nue, Bridgeport, CT 06605------10U

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 NOTICES 18999 Number tion solids, liquid, in bulk, from Harbor Purchaser of shares Beach, Mich., to Skokie, HI., for 180 days. Ben White, 212 Buena Vista Road, INTERSTATE COMMERCE Fairfield, CT______750 Supporting shipper: Dawe’s Laborato­ Kenneth Zarrilli, 10 Oak Bluff Road, COMMISSION ries, Inc., 450 State Street, Chicago Fairfield, CT— ______600 Heights, 111. 60411 (J. M. Hansen Man­ [Notice 207] George Jiler, 2600 Park Avenue, ager Distribution Services). Send protests Bridgeport, CT 06604.______|____ 500 MOTOR CARRIER TEMPORARY to: District Supervisor Lyle D. Heifer, Edward Jon Harrold, 1083 Cut Spring AUTHORITY APPLICATIONS Interstate Commerce Commission, Bu­ Road, Stratford, CT______1,700 reau of Operations, 135 West Wells A. Reynolds Gordon, 1 Melon Patch D e c e m b e r 9, 1970. Street, Room 807, Milwaukee, WI 53203. Lane. Westport, CT 06880—For him ­ The following are notices of filing of No. MC 114290 (Sub-No. 55 TA), filed self and as custodian of minors— applications for temporary authority December 3, 1970. Applicant: EXLEY 1,100, and as Trustee for Katherine under section 210a(a) of the Interstate EXPRESS, INC., 2610 Southeast Eighth and Mark Siladi, minors—700_____1,800 Commerce Act provided for under the Avenue, Portland, OR 97202. Applicant’s Elmer Rogers, 32 East 57th Street, new rules of Ex Parte No. MC-67 (49 representative: James T. Johnson, 1610 New York, NY______500 CFR Part 1131), published in the F ed­ IBM Building, 1200 Fifth Avenue, Seat­ Philip Weinstein, 187 Judwin Avenue, e ral R e g ist e r , issue of April 27, 1965, tle, WA 98101. Authority sought to oper­ New Haven, CT______.______778 effective July 1, 1965. These rules pro­ ate as a common carrier, by motor Louis Pickow, 527 Whalley Avenue, vide that protests to the granting of an vehicle, over irregular routes, transport­ New Haven, CT______250 application must be filed with the field ing: Canned goods, from (1) Walla Jack Holden, M.D., 814 Grassy Hill official named in the F ederal R e g ist e r Walla, Wash., to points in California Road, Orange, CT______350 publication, within 15 calendar days and (2) from points in Umatilla, Mult­ Edith Herman, 80 Cartright Street, nomah, Marion, Washington, Polk, Lane Bridgeport, CT______1,000 after the date of notice of the filing of the application is published in the F ed­ and Benton Counties, Oreg., and Van­ Total shares______15, 878 e r a l R e g ist e r . One copy of such pro­ couver, Wash., to points in that part of tests must be served on the applicant, or California north of a line drawn east and Mr. Sigmund L. Miller, attorney and its authorized representative, if any, and west through Chico, Calif., for 180 days. a former director of the licensee, is the the protests must certify that such serv­ Supporting shippers: Rogers Walla only person who presently owns 10 per­ ice has been made. The protests must be Walla, Inc., Post Office Box 998, Wa’la cent or more of the stock, and will con­ specific as to the service which such Walla, WA 99362. Robert Arneson Sales trol 35 percent of the outstanding com­ Protestant can and will offer, and must agent for North Pacific Canners & Pack­ mon stock after the sale. No other stock­ consist of a signed original and six ers, Inc. 5200 Southeast Mcloughlin holder will own as much as 8 percent copies. Boulevard Portland, OR 97202. Send of licensee’s stock after the proposed A copy of the application is on file, protests to: District Supervisor W. J. change of control. and can be examined at the Office of the Huetig, Interstate Commerce Commis­ The proposed owners do not intend to Secretary, Interstate Commerce Com­ sion, Bureau of Operations, 450 Mult­ make any significant changes in man­ mission. Washington, D.C., and also in nomah Building, 120 Southwest Fourth agement or operations, particularly in field office to which protests are to be Avenue, Portland, OR 97204. the licensee’s operations and investment transmitted. No. MC 116073 (Sub-No. 145 TA), filed policy. As a regulated investment com­ December 3, 1970. Applicant: BARRETT pany under the Investment Company M o to r C a r r ie r s o f P r o p e r t y MOBILE HOME TRANSPORT, INC., Act of 1940, the licensee will continue No. MC 94350 (Sub-No. 284 TA), filed Post Office Box 919, 1825 Main Avenue, to pay out at least 90 percent of its net December 3, 1970. Applicant: TRANSIT Moorhead, MN 56560. Applicant’s repre­ income to stockholders, with emphasis HOMES, INC., Post Office Box 1628, Hay­ sentative: Robert G. Tessar (same ad­ on stock dividends as a means of increas­ wood Road at Transit Drive, Greenville, dress as above). Authority sought to ing its capitalization. There will be no SC 29602. Applicant’s representative: operate as a common carrier, by motor change in officers and directors in con­ Mitchell King, Jr. (same address as vehicle, over irregular routes, transport­ nection with the transfer of shares. above). Authority sought to operate as a ing: Wooden doors and partitions and SBA’s consideration of the application common carrier, by motor vehicle, over equipment, materials and, supplies, in­ includes the general business character irregular routes, transporting: Trailers cluding electric motors, aluminum, iron and reputation of the above-named designed to be drawn by passenger auto­ and steel tracks, rollers, screws used in persons and their commitment to ac­ mobiles, in initial shipments, from Ripley the installation and operation of doors tively operate the company within the and Blue Mountain, Miss., to points in and partitions, from Dyersville, Iowa, mtent and purpose of the Act and SBA Alabama, Arkansas, Georgia, Louisiana, to points in New York, Connecticut, Regulations. Kentucky, and Tennessee, Indiana, Illi­ Louisiana, Florida, Georgia, New Jersey, nois, Ohio, North Carolina, South Caro­ California, Washington, and North Caro­ Interested persons should address lina, Virginia, West Virginia, Florida, lina, for 180 days. Supporting shipper: their comments on the proposed trans­ Texas, Oklahoma, and Missouri, for 180 Coil-Wal Partitions, Inc., Dyersville, fer of control to the Associate Admin­ days. Supporting shipper: La Salle Iowa 52040. Send protests to: J. H. Ambs, istrator for Investment, Small Business Homes, Post Office Box 518, Ripley, Miss. District Supervisor, Interstate Commerce Administration, 1441 L Street NW., 38663. Send protests to: E. E. Strctheid, Commission, Bureau of Operations, Post Washington, DC 20416, within 10 days District Supervisor. Interstate Commerce Office Box 2340, Fargo, ND 58102. after date of publication of this notice. Commission, Bureau of Operations, 300 No. MC 118159 (Sub-No. 106 TA), filed A similar notice shall be published by Columbia Building, 1200 Main Street, December 3, 1970. Applicant: EVER­ the proposed purchasers in a newspaper Columbia, SC 29201. ETT LOWRANCE, INC., 4916 Jefferson °f general circulation in Bridgeport, No. MC 110420 (Sub-No. 624 TA), filed Highway, Post Office Box 10216, New Conn. December 3, 1970. Applicant: QUALITY Orleans, LA 70121. Applicant’s represent­ CARRIERS, INC., Mailing: Post Office ative: David D. Brunson, 419 Northwest A. H. Singer, Box 186, Pleasant Prairie, WI 53158, Sixth Street, Oklahoma City, OK 73102. Associate Administrator Office: Bristol, Kenosha County, Wis. Authority sought to operate as a com­ for Investment. Applicant’s representative: A. Bryant mon carrier, by motor vehicle, over ir­ November 24, 1970. Torhorst (same address as above). Au­ regular routes, transporting: Inedible thority sought to operate as a common meat and meat products, from Green [PJR. Doc. 70-16765; Filed, Dec. 14, 1970; carrier, by motor vehicle, over irregular Bay, Wis., to Houston, Tex., for 180 days, 8:46 a.m .| routes, transporting: Waste fermenta­ supporting shipper: F. & W. Meat Co.,

FEDERAL REGISTER, V O L 35, NO. 242— TUESDAY, DECEMBER 15, 1970 19000 NOTICES Dallas, Tex. Send protests to: Paul D. N.Y., to St. Paul, Minn., for 180 days. on State Highway 3 through Dupo, 111., Collins, District Supervisor, Interstate Supporting shipper: Whirlpool Corp., St. to Columbia Road, thence southeast Commerce Commission, Bureau of Op­ Paul Division, 850 Arcade Street, St. Paul, along Columbia Road, to Main Street, erations, Room T—4009, Federal Build­ MN 55106. Send protests to: Morris H. thence South on Main Street, to its junc­ ing, 701 Loyola Avenue, New Orleans, Gross, District Supervisor, Interstate tion with State Highway 3, thence south LA 70113. Commerce Commission, Bureau of Oper­ on State Highway 3 to First and Market No. MC 127042 (Sub-No. 69 TA), ations, Room 104, 301 Erie Boulevard Streets, Waterloo, 111., and return over filed December 3, 1970. Applicant: West, Syracuse, NY 13202. the same route serving all intermediate HAGEN, INC., 4120 Floyd Boulevard, No. MC 134441 (Sub-No. 3 TA), filed points, for 180 days. Supported by: Post Office Box 6y Leeds Station, Sioux December 3,1970. Applicant: ARIZONA- Mayor Robert C. Krump, Waterloo, 111.; City, IA 51108. Authority sought to oper­ WESTERN EXPRESS, INC., 1103 Evans Mayor W. H. Kremmel, Columbia, 111.; ate as a common carrier, by motor ve­ Street, Los Angeles, CA 90015. Appli­ (Mayor Barney Metz, Dupo, 111. Send hicle over irregular routes, transporting: cant’s representative: Ernest D. Salm, protests to: District Supervisor J. P. Meat, meat products and meat byprod­ 3846 Evans Street, Los Angeles, CA Werthmann, Interstate Commerce Com­ ucts, and articles distributed by meat 90027. Authority sought to operate as a mission, Bureau of Operations, Room packinghouses, as described in sections common carrier, by motor vehicle, over 1465, 210 North 12th Street, St. Louis, A and C of appendix 1 to the report in irregular routes, transporting: Bananas MO 63101. Descriptions in Motor Carrier Certifi­ and fresh fruits and vegetables, when By the Commission. cates, 61 M.C.C. 209 and 766, except moving with bananas, from points in hides and commodities in bulk, from the Los Angeles Harbor, Calif., com­ [seal] R obert L. Oswald, Green Bay, Wis., to points in Colorado, mercial zones to Phoenix and Tucson, Secretary. Florida, Georgia, Louisiana, Mississippi, Ariz. Supporting shippers: Associated [F.R. Doc. 70-16811; Filed, Dec. 14, 1970; North Carolina, Tennessee, Texas, and Grocers, Post Office Box 20511, 624 South 8:50 a.m.] Minnesota, for 180 days. Supporting 25th Avenue, Phoenix, AZ 85038; A. J. shipper: 'Packerland Packing Co., Inc., Bayless Markets, Inc., Post Office Box Route 6, Lime Kiln Road, Box 1184, 21152, Phoenix, AZ 85036; El Rancho [Notice 625] Green Bay, WI. Send protests to: Carroll Super Markets, 3435 West Buckeye Road, MOTOR CARRIER TRANSFER Russell, District Supervisor, Interstate Phoenix, AZ 85009. Send protests to: Commerce Commission, Bureau of Op­ John E. Nance, District Supervisor, In­ PROCEEDINGS erations, 304 Post Office Building, Sioux terstate Commerce Commission, Bureau D ecember 8, .1970. City, IA 51101. of Operations, Room 7708, Federal Build­ Synopses of orders entered pursuant to No. MC 128539 (Sub-No. 4 TA), filed ing, 300 North Los Angeles Street, Los section 212(b) of the Interstate Com­ December 3, 1970. Applicant: EAGLE Angeles, CA 90012. merce Act, and rules and regulations TRANSPORT CORPORATION, 315 No. MC 135141 TA, filed December 3, prescribed thereunder (49 CFR Part West Ridge Street, Post Office Box 2508, 1970. Applicant: H AND H EXPEDITING 1132), appear below: Rocky Mount, NC 27801. Applicant’s rep­ SERVICE, INC., 7076 Ruskin Lane, Upper As provided in the Commission’s spe­ resentative: A. Donald Stallings (same Darby, PA 19082. Applicant’s representa­ cial rules of practice any interested per­ address as above). Authority sought to tive: John H. Toal, 21 West Front Street, son may file a petition seeking recon­ operate as a common carrier, by motor Media, PA 19063. Authority sought to sideration of the following numbered vehicle, over irregular routes, transport­ operate as a common carrier, by motor proceedings within 20 days from the date ing: Clay, in bulk quantity, from points vehicle, over irregular routes, transport­ of publication of this notice. Pursuant to in Aiken County, S.C., to points in Bruns­ ing: General commodities, having prior section 17(8) of the Interstate Com­ wick and Hertford Counties, N.C., for or subsequent movement by air, between merce Act, the filing of such a petition 180 days. Supporting shipper: United Philadelphia International Airport, will postpone the effective date of the Sierra Division Cyprus Mines Corp., Box Philadelphia, Pa., and points in New order in that proceeding pending its dis­ 1201, Trenton, NJ 08606. Send protests Castle County, Del., for 180 days. Sup­ position. The matters relied upon by to: Archie W. Andrews, District Super­ porting shipper: General Motors Corp., petitioners must be specified in their visor, Interstate Commerce Commission, Post Office Box 1512, Boxwood Road, petitions with particularity. Bureau of Operations, Post Office Box Wilmington, DE 19899; Joyce Expediting No. MC-FC-72457. By order of De­ 26896, Raleigh, NC 27611. Service, Inc., 5794 Twelfth Street, Detroit, cember 1, 1970, the Motor Carrier Board No. MC 134071 (Sub-No. 3 TA) , filed MI 48208. Send protests to: Peter R. approved the transfer to Lecon Trans., December 3,1970. Applicant: MODULAR Guman, District Supervisor, Interstate Inc., Brooklyn, N.Y., of the operating TRANSPORTATION CO., 421 West Ful­ Commerce Commission, Bureau of rights in certificate No. MC-93147 issued ton Street, Grand Rapids, MI 49502. Operations, 1518 Walnut Street, Phila­ January 11,1961, to Jatar Trucking, Inc., Applicant’s representative: William D. delphia, PA 19102. Brooklyn, N.Y., authorizing the trans­ Parsley, 1200 Bank of Lansing Build­ M otor Carriers of P assengers portation of general commodities, with ing, Lansing, MI 48933. Authority exceptions, over various specified high­ sought to operate as a contract carrier, No. MC 125221 (Sub-No. 4 TA), filed ways, between Newark, N.J., and Peeks- by motor vehicle, over irregular routes, December 1,1970. Applicant: BI-STATE kill, Port Chester, White Plains, and transporting: Sectionalized buildings, DEVELOPMENT AGENCY OF THE Elmsford, N.Y., serving all intermediate for the account of Prestige Structures, MISSOURI-ILLINOIS METROPOLI­ points. Arthur L. Max, 744 Broad Street, Inc., from Charlotte, Mich., to Erie, Pa., TAN DISTRICT, 3869 Park Avenue, St. Newark, NJ 07102, attorney for for 180 days. N ote : Applicant states Louis, Mo. 63110. Applicant’s representa­ applicants. no tacking or interlining intended. tives: Guilfoil, Symington & Petzall, 818 No. MC-FC-72478. By order of De­ Supporting shipper: Prestige Structures, Olive Street, Room 434, St. Louis, MO cember 1, 1970, the Motor Carrier Board Inc., 1111 Mikesell Street, Charlotte, MI 63101. Authority sought to operate as a approved the transfer to The H and H 48113 (by Norman J. Walker, Execu­ common carrier, by motor vehicle, over Co., a Maryland corporation, Owings tive Vice-President). Send protests to: regular routes, transporting: Passengers Mills, Md., of the operating rights in C. R. Flemming, District Supervisor, and their baggage in the same vehicle certificate No. MC-96424 issued Febru­ Interstate Commerce Commission, Bu­ with passengers, between Waterloo, 111., ary 16, 1961, to W. E. Harr, Inc., Lutfi?r" reau of Operations, 225 Federal Build­ and St. Louis, Mo., from St. Louis, Mo., ville, Md., authorizing the transportation ing, Lansing, MI 48933. across the Veterans Bridge, to East St. of horses (other than livestock) ana No. MC 134364 (Sub-No. 4 TA), filed Louis, 111., thence south on Sixth Street, equipment and paraphernalia incidents December 3, 1970. Applicant: A. F. & to Broadway Street, thence east on to the care, transportation and SONS, INC., 509 Liberty Street, Syra­ Broadway Street, to Eighth Street, tion of such horses between cuse, NY 13204. Authority sought to thence South on Eighth Street, to State Maryland, on the one hand, and* 01*. operate as a common carrier, by motor Highway 3, thence south on State High­ other, Charles Town, W. Va., and points vehicle, over irregular routes, transport­ in Delaware, New Jersey, Pennsylvania, ing: Electric motors, from Watertown, way 3 to Water Street, thence continue

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 NOTICES 19001 New York, Virginia, Maryland, and the Delaware, Maryland, Massachusetts, New der the required motor service necessary District of Columbia. Lloyd J. Hammond, Jersey, New York, Pennsylvania, Rhode in the public interest and to the na­ 104 Jefferson Building, Towson, MD Island, Virginia, and the District of tional defense: 21204, attorney for applicants. Columbia. Arthur J. Piken, 160-16 It is ordered, That pursuant to section No. MC-FC-72510. By order of De­ Jamaica Avenue, Jamaica, NY 11432, 210a(a) of the Interstate Commerce Act cember 2, 1970, the Motor Carrier Board attorney for applicants. (49 U.S.C. 310a(a)), all persons who approved the transfer to Okmulgee Ex­ [ seal] R obert L. O swald, shall apply to any regional director, as­ press, Inc., Tulsa, Okla., of the operating Secretary. sistant regional director, or district su­ rights in certificate No. MC-126616 is­ pervisor of the Commission’s Bureau of sued June 22, 1965, in the name of [F.R. Doc. 70-16812; Filed, Dec. 14, 1970; Operatiohs are hereby granted tempo­ Cherokee Freight Lines, Inc., Tahlequah, 8:50 a.m.] rary authority to transport passengers or Okla., authorizing the transportation of property by motor vehicle for a period General commodities, with usual excep­ [Ex Parte No. MC-64; General Temporary of not more than 30 days to the extent tions, between Tulsa, Okla., and Wag­ Order 5] \ and scope that such regional director or oner, Okla., serving no intermediate district supervisor shall certify that due points and serving Wagoner for the pur­ TRANSPORTATION OF PASSENGERS to the existing transportation emer­ pose of joinder only; between Wagoner, OR PROPERTY BY MOTOR VE­ gency, there is an immediate and urgent Okla., and StilweH, Okla., serving all HICLES need for the service applied for, and intermediate points; and between Stil- there is no available carrier service capa­ well, Okla., and Westville, Okla., serv­ Cessation of Normal Railroad Trans­ ble of meeting such need; ing all intermediate points. Rufus H. portation Occasioned by Work It is further ordered, That the grant Lawson, 2400 Northwest 23d Street, Post Stoppages of such temporary authority be, and it Office Box 75124, Oklahoma City, OK At a session of the Interstate Com­ is hereby, conditioned upon satisfying 73107, attorney for applicants. merce Commission, Division 1, held at the said regional director, assistant re­ No. MC-FC-72523. By order of Decem­ its office in Washington, D.C., on the 10th gional director, or district supervisor of ber 1, 1970, the Motor Carrier Board of December 1970. full compliance by the grantee with all approved the transfer to Harry Kopf applicable statutory and Commission re­ Horse Transportation, Inc., East North- The Interstate Commerce Commission quirements concerning tariff publica­ port, N.Y., of the operating rights in having under consideration the urgent tions, evidence of security for the pro­ certificates Nos. MC-10366 and MC-10366 need for motor carrier services due to the tection of the public, and designation of (Sub-No. 1) issued March 1, 1941, and cessation of normal railroad transporta­ agents for service of process, and further April 15, 1946, respectively, to Harry tion occasioned by work stoppages, the conditioned upon such tariff publications Kopf, Westbury, N.Y., authorizing the national transportation policy, the pub­ quoting rates, fares, and charges no transportation of horses, groom’s house­ lic interest, and, among others, sectidhs lower than those of existing rail, water, hold goods and equipment, between New 202(a), 204(a)(6), and 210a(a) of the or motor carriers in the territory in York, N.Y., on the one hand, and, on the Interstate Commerce Act, and which the operations are to be other, Washington, D.C., Wheeling, It appearing, that due to a labor dis­ authorized; W. Va., Raleigh, N.C., West Ossipee, N.H., pute, the common carriers by railroad are It is further ordered, That temporary Lexington, Ky., Wilmington, Del., Aiken unable to transport passengers and prop­ authority granted pursuant to this order and Columbia, S.C., Bar Harbor and erty tendered to them; and that an emer­ shall expire as of the first midnight after Portland, Maine, Chicago and Lake gency exists in all sections of the United rail carrier service shall have been re­ Forest, HI., Boston, Fall River, and South States requiring immediate action on the instituted, except as to passengers or Hamilton, Mass., Providence, Newport, part of the Commission to make pro­ property, the transportation of which and Narragansett, R.I., Ambler, Penllyn, vision for adequate transportation serv­ was begun prior to that time; and Philadelphia, Pa., Youngstown, Co­ ice in the interest of the public and the It is further ordered, That this order lumbus, and Cinncinnati, Ohio, Augusta, fiational defense; shall become effective on the 10th day of Atlanta, and Savannah, Ga., West Palm It further appearing, that there exists December, 1970. Beach, Delray Beach, and Miami,' Fla., an immediate and urgent need for addi­ And it is further ordered, That notice Darien, New Haven, Greenwich, and tional motor carrier service to supple­ of this order shall be given to motor Fairfield, Conn., Peapack, Rumson, ment temporarily the transportation fa­ carriers, other parties of interest, and Eatontown, Jersey City, and Bordentown, cilities of the Nation for the movement to the general public by depositing -a N.J., Monkton, Laurel, Havre de Grace, of military and other freight, and copy thereof in the Office of the Secre­ Bowie, and Baltimore, Md., and Middle- passengers; tary of the Commission, Washington, burg, Warrenton, Upperville, Flint Hill, And it further appearing, that the D.C., and by filing a copy thereof with Boyce, Port Royal, Richmond, Orange, present transportation emergency and the. Director, Office of the Federal and Culpeper, Va., traversing Indiana immediate need for maximum utiliza­ Register. for operating convenience only; and tion of motor carrier facilities, equip­ By the Commission, Division 1. flowers and plants, during the season ment, and service have made it neces­ extending from March 1, to December 31, sary for the Commission to provide and [ seal] R obert L. O swald, inclusive, of each year, between points authorize a more flexible method whereby Secretary. m Nassau County, N.Y., on the one hand, motor carriers, and other persons, may [F.R. Doc. 70-16813; Filed, Dec. 14, 1970; and, on the other, points in Connecticut, obtain temporary authorizations to ren­ 8:50 a.m.]

FEDERAL REGISTER, VOL. 35, NO. 242— TUESDAY, DECEMBER 15, 1970 No. 242------8 19002 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— DECEMBER

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 December.

1 CFR Page 7 CFR— C o n tin u ed Page 14 CFR—Continued Page Proposed Rules: Proposed Rules—Continued Proposed Rules: 16 _ 18297 812 18918 39______-______— 18475 905 ______18475 71 18476. 18746-18749 9 1 6 ______—— 18618 75 _ 18402.18476 3 CFR Q17 _ 18537 207______— 18621 Proclamations: 953______18475 208 ______-_____ ------18621 4022 ______18653' 1004______- ____ 18919 212______-'__ — ------18621 4023 ______18655 1006 18618 214 ______18621 4024 ______•______18905 1012— ______— _ 18618 221— ______— — 18749 Executive Orders: 1013 18618 295______H ----- 18621 2513 (see PLO 4964) __ __ -18916 1040______—_____ 18401 302______3 — 18877 6143 (revoked in part by PLO 1120 ______18287 373______— ___ — 18621 4948)______18379 1121 ______18287 376______— — 18877 6276: 1126 ______18287 378 _____ — ____ MgS — — 18622 Revoked in part by PLO 1127 ______18287 378a ______.— 18622 4948)______18379 1128— ______18287 Revoked in part by PLO 1129______18287 15 CFR AQfiS 18916 1130— ______18287 2R0 _ _ 18315 6583: 1136______— 18621, 18975 2R Q v 18316 Revoked in part by PLO 4948)______- 18379 8 CFR Revoked in part by PLO 204 ______— ____ 18582 373 ' - r ------18316 4963 ______18916 2*7R ____18317 6868 (modified by EO 11571)— 18717 212 ______18582 386 - ______18317 , 7784-A (see EO 11571)______18717 387 " _ __18317 8033 (see EO 11571)___ — 18717 9344 (see EO 11571) ______18717 299 ______18583 16 CFR 9916 (see EO 11571)______18717 501 ______- 18510 10128 (see EO 11571)------18717 9 CFR 11401 (see EO 11571)—------18717 76 ______18262, 11571 ______18717 18313, 18730, 18734, 18795, 18913 17 CFR 11572 ______18907 230______18456 204 ______18262 240 ___ 18456,18510 249 ______— -— 18512 5 CFR P roposed R u l e s: 213 _ 18322, 18359. 18581 201 ______^ ____ — 18745 P roposed R u l e s: 351 ______18729 311 18672 230______18679 352______18505 217 18745 239______- l »477 511 ______18581 24*1 18679.18750 S34 ______18581, 18730 10 CFR — 249 - ______18750 630______18581 20__ - ______18385 752 ______18729 50 18385, 18469 18 CFR 0 18585,18959 7 CFR 12 CFR 4 _ 18585,18960 15 ______18382 t — „ 28960 20 - ______— — 18384, 18597 nn/i 1SRR9 1BQR7 D - ______18961 51 ______18257 157------—— ______18960 215 ______18953 004 18369 260 - - 18961,18962 225______— 18741 329______18314 P roposed R u l e s: 319______18385 54* 18583. 18914. 18957 o ' ' __ 18402 563 _ 18506.18583 , ------_ 28324 ,, ------18324 811-______18909 P roposed R u l e s: 1 1 ------18324 204______18980 00------„ 18324 905 18741.18742 541 18924 ------_ 18324 907 13385, 18447. 18743.18954 545______— 18924 ------__ 18324 910 18505. 18912. 18955 740 - 18533 ------_ 18324 ORO 18955 r ______18324 q-7' 18261 oan __ 18955 T4 CFR 101______18626,18627 in«A _18447 21 ______18450 104— ______18626,18627 154______18629, ¡8980 1121 ______18448 27 ______18450 .r n ___ 18402 1126— ______18448 39______18372, 10/------18324 1*25______- ______18261 18451-18454, 18584, 18734, 18735 1427______18913 71 ______18454, 1481 ______18956 18455, 18506-18509, 18584, 18735, 1483______18505 18736 73 ______18274,18736 19 CFR P roposed R u l e s: „ : ^ , „ - 18265 Q5 _____ 18659 81 ______18745 1221A 1 2500 723 ______18400 nn iqr 724 ______18400 18585 -10------:::::::::::::: ______i»265-_ H 182 Soo 730______18286 FEDERAL REGISTER 19003 19 CFR— Continued - Page 26 CFR—Continued Page 39 CFR—Continued Page 12______18265,18796 P roposed R u l e s : 523 ------18969 18______18265 1--- 18389,18391,18537,18599,18973 524 ------18970 21------18265 13------18391 525 ------18970 23 ______— 18265 181_„_—------.____ 18603 24 ------18736 41 CFR 25 _ 1826528 CFR 153------18914 1-15------18797 171------18265 0------18467 5A-73------18374 1721_____ 18267 45------18526 8-3_------18375 8-6------18375 Proposed R u l e s: 29 CFR 1------18599 8-7------18375 4------18284 102------18796 8-30------18376 6------:------18284 103------18370 18-1------18803 8------18284 526------18729 101-11------18970 15------18284 671------18914 101-26------18593 18------18284 722------18914 101-32— ------18971 123------18284 870------18526 105-61------18737 1601------18661 21 CFR P roposed R u l e s: 42 CFR 120_. ------18370,18512,18513 4 ------18923 56------18972 121_. 18269,18370,18458, 18666 5 ------18672 59------18972 135c. ------18458 5a---- -—Z------— ____ 18672 75 ------— ------18972 135e. ------18666 76 - 18972 135g. ------1 18458 30 CFR 77 ------18972 141_. ------18667 ‘55.------18587 79-----—------18972 146a. ------18270 56------1------18589 81------18527, 146b. ------18272 57___------18591 18594, 18662, 18737, 18872, 18873, 146c. ------18513 300------18870 18972 147-. ------^------18669 302------18870 456------18972 148e. ------18513 503------18274,18593 459------18972 148f_ ------18522 505------1___ 18871 475 ------18972 148 j_ 476 ------18972 ------1866? P roposed R u l e s: 148t_ ------:------18459 479------18972 70------18671 Proposed R ules : 481------18972 P roposed R u l e s: 3______18679 32 CFR 15___ — — 18530 81------18292, 18293 120—, 18531,18622 52------— 18371 481_------18978 121__ 18623 67------18277 125______18475 68— ------«------18277 88------18277 43 CFR 23 CFR 244—_-----— ------18277 18------18376 Ch. I___ 269—------18277 2920------18663 18719 274------18277 1___ 18719 P ublic Land O rders: 15____ 1480------18279 18719 1712------—______18313 243 (see PLO 4954)______18381 20__ 18719 659 (revoked in part and modi­ 22__ 18719 fied by PLO 4949)______18379 32A CFR 1556 (amended by PLO 4965) _ 18916 24 CFR BDC (Ch. VI): 1583 (amended by PLO 4965) _ 18916 203— 18522, 18796 BDC Notice 3______18279 3065 (see PLO 4956)______18381 207— ------18523 DMS Order 4, Dir. 1— ______18527 . 4269 (revoked by PLO 4967) — 18917 213_ 18523, 18796 DMS Order 4, Dir. 2______18527 4427 (see PLO 4965)______18916 220______” ------18523 DPS Reg. 1____ 18528 4496 (see PLO 4956)______18381 221__ 18523,18524 OIA (Ch. X ): 4582 (modified by PLO 4962) __ 18874 232_“ ------18523 OI Reg. 1------18528 4882 (amended by PLO 4964) _ 18916 234— 18523,18796 P roposed R u l e s: 4948 ------18379 235— . ------18523 Ch. X------18530 4949 ------18379 236. 1------18524 4950 ------18380 241_ 4951 ______18380 ------18524 33 CFR 242_—_ " ------18796 4952 --^------18380 1000------18524 110------— ------18374 4953 ------18380 1100------18524 4954 ------18381 1914 ______18459, 18964 36 CFR 4955 ------18381 1915 ______I I —I I ” “ 18460, 18965 4956 ------18381 2_— ------18915 4957 ------18382 25 CFR 4958 ------18595 4959 ------18915 Proposed R u l e s: 38 CFR 2------1______18871 4960 ------18915 15______18392 4961 ------18916 3------18280, 18661 4962 ------18874 26 CFR 36— ------18388, 18871 4963 ------18916 i_ 4964 ------18916 13— ------18587 39 CFR 4965—------— 18916 20 ------18524 — ------18461 Ch. I------18965 4966 ------18917 25— t : 4967 ------18917 31_ 18461, 18965 125------18743 4 8 ------18525 521------18966 P roposed R u l e s: ------18525 522—------18967 2850------18399 19004 FEDERAL REGISTER

45 CFR Page 4 7 CFR—Continued Page 4 9 CFR—Continued Page 61 P roposed 18874 R u l e s: P roposed R ules— Continued 131______18875 1 ____ I______18674 173 ______18534,18879,18919 174 ______— 18323 P roposed R u l e s: 15 ______— 18674 23______-______— 18624 177 ______-______18323 206 18402 25______— 18624 178______„______18879,18919 249 18878 73— 18625,18626,18678,18679,18924 571______18295,18297,18402,18536 74______18625 574______*___ 18476 46 CFR 1249_____ -______18402 309 ______18949 49 CFR 1322______18751 310 ___ 18264,18953 1 18467 350______18595 7 18318 50 CFR 171___.______18276,18382 17 18319 47 CFR 178 18528 28 ;______1 ______18529 1______18664 1033—______18318, 18319,18468,18963 33____ 18597, 18665, 18666, 18740, 18741 73______18596, 18738 P roposed R u l e s : Ch. II______-...... 18455 83______18665 170-189. 18919 253— ______18975 05______- ______- 18664 171____ 18879 25 4 ______- ______18977

UNITED STATES GOVERNMENT ORGANIZATION MANUAL -1970/71

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

UNITED STATES GOVERNMENT ORGANIZATION MANUAL

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

.00 * 3 per copy. Paperbound, with charts

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