FEDERAL REGISTER VOLUME 36 • NUMBER 20 Friday, January 29, 1971 • Washington, D.C. Pages 1403-1456 Part I (Part II begins on page 1453)

Agencies in this issue— Civil Aeronautics Board Civil Service Commission Coast Guard Customs Bureau Education Office Federal Aviation Administration Federal Communications Commission Federal Housing Administration Federal Power Commission Federal Reserve System Food and Drug Administration General Services Administration Interim Compliance Panel (Coal Mine Health and Safety) Internal Revenue Service Interstate Commerce Commission Labor Department Land Management Bureau National Bureau of Standards National Park Service National Transportation Safety Board Post Office Department Small Business Administration Social and Rehabilitation Service Tariff Commission Treasury Department Detailed list o f Contents appears inside.

No. 20—Pt. I----1 Just Released

LIST OF CFR SECTIONS AFFECTED

ANNUAL—1970

This useful finding aid lists by number the titles, parts, and sections o f the Code of Federal Regulations amended or otherwise affected by documents published in the F ederal R egister during 1970. Entries indicate the exact nature o f changes effected. F or amendments published in the F ederal R egister during 1971, and until the individual volumes of the Code of Federal Regula­ tions (Revised as o f January 1,1971) have been distributed, subscribers should refer to the “ Cumulative List of Parts Affected” at the end of each daily F ederal R egister and the monthly issuances of the “List of CFR Sections Affected.”

The size o f the 1970 Annual “ List o f C F R Sections Affected” has been reduced to the same size as the Code of Federal Regulations to provide for more convenient reference use with the CFR. Future monthly issues of the “List of CFR Sections Affected” also w ill appear in this format.

Individually priced: 20 cents a copy

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

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

Note to subscribers: The Annual 1970 List of CFR Sections Affected was mailed free of charge to FR subscribers on January 18, 1971.

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDEML^pEGISTER on the day after an official Federal holiday), by the Office of the Federal Register, National Area Code 202 V , »34 Phone 9 6 2 -8 62 6 Archives and Records Service, General Services Administration, Washington, D.C. 20408, V/VITEO ^ pursuant the aufhority contained in the Federal Register Act, approved July 26, 1935 (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 Federal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25"per year, payable in advance. The charge for individual copies is 20 oents for each issue, or 20 cents for each group of pages as actually bound Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o p F ederal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op Federal R egulations is sold by the Superintendent 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 Federal R egister or the Code op F ederal R egulations. Contents

CIVIL AERONAUTICS BOARD Notices HEALTH, EDUCATION, AND Hearings, etc.: WELFARE DEPARTMENT Notices Christian Voice of Central Ohio and Delaware-Gahanna FM See Education Office; Food and Hearings, etc.: Drug Administration; Social Radio Broadcasting Station, Aeromar Air Cargo, C. POR A__ 1436 1438 and Rehabilitation Service. im presa Guatemalteca de Avia- Inc------cion------:— ------— 1436 Equal Employment Opportunity 1440 HOUSING AND URBAN Executive Airlines, Ine——- — 1436 Commission______International Air Transport As­ DEVELOPMENT DEPARTMENT sociation ------1436 FEDERAL HOUSING See Federal Housing Administra­ Tampa-Mexico City Nonstop ADMINISTRATION tion. Service Investigation, and Pan American World Airways, Ine. 1437 Rules and Regulations INTERIM COMPLIANCE PANEL Trans World Airlines, Ine— ___ 1438 Condominium ownership mortgage (COAL MINE HEALTH AND . insurance: CIVIL SERVICE COMMISSION Individual sales units------1410 SAFETY) Rules and Regulations Owned units------1410 Notices Low cost and moderate income Freeman Coal Mining Corp.; ap- Commerce Department; excepted mortgage insurance; income 1410 Plication for renewal of permit- 1445 service------1407 projects------«------Mortgage insurance and assistance INTERIOR DEPARTMENT COAST GUARD payments for home ownership and project rehabilitation; '* See Land Management Bureau; Rules and Regulations rehabilitation sales projects— 1410 National Park Service. Drawbridge operation regulations: Mutual mortgage insurance and Passaic River, N.J------1410 insured home improvement; INTERNAL REVENUE SERVICE Sinepuxent Bat, M d __.------1411 eligibility requirements—------1410 Notices Certain individuals; granting of COMMERCE DEPARTMENT FEDERAL POWER COMMISSION relief (4 documents)______1433,1434 See National Bureau of Standards. Notices Hearings, etc.: INTERSTATE COMMERCE CUSTOMS BUREAU Hassie Hunt Trust et al------1441 COMMISSION Rules and Regulations Mississippi Power & Light Co— 1442 Rules and Regulations Vessels in foreign and domestic Certain railroads; oar service (2 commerce; Austria; special ton­ FEDERAL RESERVE SYSTEM documents) —______— 1417 nage tax and light money—____ 1408 Proposed Rule Making Notices Bank holding companies: Fourth section applications for re­ EDUCATION OFFICE Interests in nonbanking ac­ lief ______1446 Rules and Regulations tivities ______— 1430 Motor carrier temporary authority Nonbanking acquisitions by applications (2 documents) _ 1446,1447 Financial assistance in certain one-bank holding companies- 1432 Perm Central Transportation Co., programs (3 documents) 1_1412,1415 Notices et al. ; accounting series circular. 1449 Southern Bankshares, Inc.; order federal a v ia t io n approving acquisition of bank LABOR DEPARTMENT ADMINISTRATION stock by bank holding company- 1444 Proposed Rule Making Rules and Regulations Equal employment opportunity in FOOD AND DRUG apprenticeship and training____ 1419 Standard instrument approach ADMINISTRATION procedures; miscellaneous LAND MANAGEMENT BUREAU amendments______1407 Rules and Regulations Notices Drugs: federal communications Alaska; filing of plat of survey____ 1434 Carbenicillin sensitivity discs— 1408 Idaho; proposed withdrawal of COMMISSION Novobiocin ______— 1408 public lands______1434 Vancomycin ______1408 Rules and Regulations NATIONAL BUREAU OF TV broadcast stations, Glen GENERAL SERVICES -Ridge, N.J., and Bowling Green STANDARDS and Toledo, Ohio; table of as­ ADMINISTRATION Notices 1 4 1 5 signments______- Rules and Regulations Two recommended standards; no­ Proposed Rule Making Contract clauses; preproduction tice of circulation for accept­ samples clause______1411 ance _____ 1435 Aural broadcast STL operations; Procurement sources and pro­ intercity relay stations, and cer­ grams; identification of grant­ NATIONAL PARK SERVICE tain low power broadcast auxüi- ees or contractors in written ary stations______1425 authorizations ______1412 Notices Certain TV broadcast stations; Notices Anacostia Park; notice of inten­ table of assignments (3 docu­ tion to issue concession permit- 1435 ments)______1426-1428 Purchase of passenger vehicles; '■mildren’s TV programs______1429 procedures to be followed______1444 (Continued on next page) 1405 1406 CONTENTS

NATIONAL TRANSPORTATION SMALL BUSINESS TRANSPORTATION DEPARTMENT SAFETY BOARD ADMINISTRATION See Coast Guard; Federal Avia­ Notices tion Administration; National Notices Transportation Safety Board, Regional Division Chiefs, Region Accident at Anchorage, Alaska; V I et al.; delegation of au­ TREASURY DEPARTMENT notice of hearing regarding in­ thority ------1445 vestigation ______1435 See also Customs Bureau; Inter­ SOCIAL AND REHABILITATION nal Revenue Service. Notices POST OFFICE DEPARTMENT SERVICE Rules and Regulations Clear sheet glass from Japan; Rules and Regulations amendment of determination of Practice and procedure for hear­ sales at less than fair value___ 1434 Post Office boxes; renting and ings to States on conformity of Frozen French fried potatoes from closing Post Office boxes; cor­ public assistance plans to Fed­ Canada; determination of sales rection ______1409 eral requirements______1454 at not less than fair value.___ 1434 TARIFF COMMISSION Notices Worker’s petitions for determina­ tion of eligibility to apply for adjustment assistance (2 docu­ ments) ______1 1445

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 sin :e January 1, 1971, and specifies how they are affected.

5 CFR 24 CFR 45 CFR 213______1407 203____—______1410 113 ______1412 221______1410 114 ______1412 12 CFR 234 (2 documents)______1410 115 ______1415 P roposed R u l e s : 235 ______1410 213______1454 222 (2 documents)______1430, 1432 29 CFR 47 CFR 14 CFR P roposed R u l e s : 97______1407 30 ______1419 73______;__u _...... 1415 P roposed R u l e s : 19 CFR 33 CFR 117 (2 documents)______1410, 1411 2...... 1425 4______1408 73 (4 documents)______1426-1429 74 ______1425 21 CFR 39 CFR 147______1408 169______1409 148j______1408 49 CFR 148s______1408 41 CFR 1033 (2 documents)______1417 5A -7______1411 101-26______1412 1 4 0 7 1

Rules and Regulations

Hawthorne, Calif.—Hawthorne Municipal Issued in Washington, D.C., on Janu­ Airport; VOR Runway 25, Amdt. 8; Re­ ary 19,1971. Title 14— AERONAUTICS AND vised. R . S . S l if f , Montrose, Colo.— Montrose County Airport; Acting Director, SPACE VOR-1 Runway 12, Amdt. 2; Revised. Flight Standards Service. Montrose, Colo.—.Montrose County Airport; Chapter I— Federal Aviation Adminis­ VOR—2 Runway 12, Amdt. 1; Revised. N ote : Incorporation by reference pro­ tration, Department of Transporta­ Pascagoula, Miss.— Jackson County Airport; visions in §§ 97.10 and 97.20 approved by tion VOR Runway 18, Amdt. 4; Revised. the Director of the Federal Register on Tallahassee, Fla.—Tallahassee Municipal May 12,1969 (35 F.R. 5610). [Docket No. 10790; A rndt. No. 740] Airport; VOR Runway 18, Amdt. 3;- Re­ [FR Doc.71-1184 Filed l-28-71;8:45 am] PART 97— STANDARD INSTRUMENT vised. APPROACH PROCEDURES Wells, Nev.—Harriet Field; VOR A, Orig.; Established. Miscellaneous Amendments Redding, Calif.—Redding Municipal Airport; Title 5— ADMINISTRATIVE VOR/DME Runway 34, Orig.; Established. T h is amendment to Part 97 of the Federal Aviation Regulations incorpo­ 2. Section 97.25 is amended by estab­ PERSONNEL rates by reference therein changes and lishing, revising, or canceling the fol­ Chapter I— Civil Service Commission additions to the Standard Instrument lowing LOC-LDA SIAPs, effective Feb­ Approach Procedures (SIAPs) that were ruary 25,1971. PART 213— EXCEPTED SERVICE recently adopted by the Administrator San Diego, Calif.— San Diego International to promote safety at the airports con­ Lindbergh Field; LOC (BC)-A, Amdt. 11; Department of Commerce cerned. Revised. Section 213.3314 is amended to reflect The complete SIAPs for the changes San Diego, Calif.— San Diego International the transfer of the functions of the and additions covered by this amendment Lindbergh Field; LOC Runway 9, Amdt. 1; Business and Defense Services Adminis­ are described in PAA Forms 3139, 8260-3, Revised. tration to the Bureau of Domestic Com­ 8260-4, or 8260-5 and made a part of the San Diego, Calif.— San Diego international merce. The schedule C listings of five public rule making dockets of the FAA in Lindbergh Field; LOC/DME (BC) Runway 27, Orig.; Established. positions formerly reporting to the Ad­ accordance with the procedures set forth ministrator, BDSA, are amended to show in Amendment No. 97-696 (35 F.R. 5610). 3. Section 97.27 is amended by estab­ SIAPs are available for examination lishing, revising, or canceling the fol­ that they now report to the Director, at the Rules Docket and at the National lowing NDB/ADF SIAPs, effective Feb­ Bureau of Domestic Commerce. The Flight Data Center, Federal Aviation ruary 25, 1971. schedule C listing of one position report­ Administration, 800 independence Ave­ Alton, HI.— Civic Memorial Airport; NDB ing to the Deputy Administrator, BDSA, nue SW., Washington, DC 20590. Copies Runway 29, Orig.; Established. is amended to show that it now reports of SIAPs adopted in a particular region San Diego, Calif.— San Diego International to the Deputy Director, Bureau of Do­ are also available for examination at the Lindbergh Field; NDB (ADF)-A, Amdt. 1; headquarters of that region. Individual Canceled. mestic Commerce. Effective on publica­ copies of SIAPs may be purchased from San Diego, Calif.— San Diego International tion in the F ederal R eg ister (1-29-71) , the FAA Public Document Inspection Lindbergh Field; N D B -A Orig.; Established. paragraph (c) is revoked and subpara­ Facility, HQ-405, 800 Independence San Diego, Calif.— San Diego International graphs (10), (11), and 712) are added Avenue SW., Washington, DC 20590, or Lindbergh Field; NDB Runway 9, Amdt. to paragraph (m) of section 213.3314 as from the applicable FAA regional office 11; Revised. in accordance with the fee schedule pre­ West Palm Beach, Fla.—Palm Beach Inter­ set out below. scribed in 49 CFR 7.85. This fee is pay­ national Airport; NDB Runway 9L, Amdt. § 213.3314 Department of Commerce. 10; Revised. able in advance and may be paid by ***** check, draft or postal money order pay­ 4. Section 97.29 is amended by estab­ (c) [Revoked] able to the Treasurer of the United lishing, revising, or canceling the fol­ * * * * * States. A weekly transmittal of all SIAP lowing ILS SIAPs, effective February changes and additions may be obtained 25,1971. (m ) Office of the Assistant Secretary by subscription at an annual rate of $125 for Domestic and International Business. Alton, HI.—Civic Memorial Airport; ILS ♦ * * per annum from the Superintendent of Runway 29, Orig.; Established. (10) Four Confidential Assistants to Documents, US. Government Printing Nashville, Tenn.— Nashville Metropiltan Air­ Office, Washington, DC 20402. port; ILS -Runway 2L, Amdt. 20; Revised. the Director, Bureau of Domestic Com­ Since a situation exists that requires merce. immediate adoption of this amendment, 5. Section 97.33 is amended by es­ (11) One Secretarial Assistant to the I find that further notice and public tablishing, revising, or canceling the fol­ Director, Bureau or Domestic Commerce. procedure hereon is impracticable and lowing RNAV SIAPs, effective Feb­ (12) One Confidential Assistant to the good cause exists for making it effective ruary 25,1971. Deputy Director, Bureau of Domestic in less than 30 days. Napa, Calif.—Napa County Airport; RNAV Commerce. In consideration of the foregoing, Runway 36, Orig.; Established. (5 TJ.S.C. 3301, 3302, E.O. 10577; 3 CFR 1954- Part 97 of the Federal Aviation Regula­ Renton, Wash.— Renton Municipal Airport; 58 Comp., p. 218) RNAV Runway 33, Amdt. 1; Revised. tions is amended as follows, effective on U n it e d S tates C i v i l S er v­ Santa Barbara, Calif.— Santa Barbara Munic­ the dates specified: . ipal Airport; RNAV-A, Amdt. 1; Revised. ic e C o m m is s io n , 1. Section 97.23 is amended by estab­ [ s e a l ] J am e s C . S p r y , (Secs. 307, 313, 601, 1110, Federal Aviation lishing, revising, or canceling the fol­ Executive Assistant to Act of 1958; 49 U.S.C. 1438, 1354, 1421, 1510, . lowing VOR-VOR/DME SIAPs, effec­ sec. 6(c) Department of Transportation Act, the Commissioners tive February 25, 1971. 49 UJ3.C. 1655(c) and 5 U.S.C. 5 5 2 (a )(1 )) [F R Doc.71-1268 Filed l-28-71;8:50 am ]

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 1408 RULES AND REGULATIONS

lows to provide for the certification of Title 19— CUSTOMS DUTIES Title 21— FOOD AND DRUGS antibiotic sensitivity discs .containing Chapter I— Bureau of Customs, carbenicillin: Department of the Treasury Chapter I— Food and Drug Adminis­ 1. Section 147.1 Antibiotic sensitivity tration, Department of Health, Edu­ discs; tests and methods of assay; po. [T.D. 71-26] cation, and Welfare tency is amended: PART 4— VESSELS IN FOREIGN AND a. By adding a new subparagraph (12) SUBCHAPTER C— DRUGS to paragraph Ob), as follows: DOMESTIC TRADES PART 147— ANTIBIOTICS INTENDED (12) Suspension 1 2. The test organism Special Tonnage Tax and Light FOR USE IN THE LABORATORY is Pseudomonas aeruginosa (ATCC Money; Austria 25619).' Follow the procedure described DIAGNOSIS OF DISEASE for suspension 2, except wash the result­ J a n u a r y 19,1971. Carbenicillin Sensitivity Discs ing growth from the agar surface of the On advice from the Department of Roux bottle with 25 milliliters of sterile State on March 16,1970, that satisf actory Pursuant to provisions of the Federal sodium chloride solution in lieu of 50 proof had been obtained that no dis­ Food, Drug, and Cosmetic Act (sec. 507, milliliters and do not standardize the criminating duties of tonnage or imposts 59 Stat. 463, as amended; 21 U.S.C. 357) suspension. are imposed or levied in ports of Austria and under authority delegated to the b. By alphabetically adding a new upon vessels wholly belonging to citizens Commissioner of Food and Drugs (21 item to the tables in paragraphs (c) (3) of the United States, or upon the prod­ CFR 2.120), Part 147 is amended as fol- and (d), as follows: uce, manufactures, or merchandise im­ ported in such vessels from the United Volume of suspension Medium States or from any foreign country, Antibiotic added to each 100 ml. Suspension ------of seed agar used for number Base Seed Treasury Decision 70-112 (35 F.R. 7299) test layer layer was issued suspending and discontinuing the imposition of such taxes and imposts Ml. within the United States with respect to * * * * * * * * * * * * * * * Carbenicillin _ vessels of Austria and the produce, man­ 3 0 12 F G ufactures, and merchandise imported * * * * * * ♦ * * * * * into the United States from Austria or from any other foreign country. The sus­ pension and discontinuance took effect on March 2, 1970. Antibiotic Solvent Standard curve (antibiotic The Department of State advised the concentration per disc) Department of the Treasury on August 7, 1970, that tiie Treaty of Friendship, * * * * * * > * * * Carbenicillin . ------Methyl alcohol...... 25.0, 35.5, 50.0, 70.7,100 *tg. Navigation and Consular Rights between * * * Austria and the United States signed * * * * * * on June 19, 1928, and effective as of May 27, 1931, the date the treaty came 2. Section 147.2(a) is amended by add­(a) (lXis changed to read “ Standards of into force, provided the assurances re­ ing a new subparagraph <36), as follows: identity, strength, quality, and purity.” quired by section 4228 of the Revised § 147.2 Antibiotic sensitivity discs; cer­ Dated: January 19, 1971. Statutes, as amended (46 U.S.C. 141). tification procedure. Therefore, by virtue of the authority H . E. S im m o n s , vested in the President by section 4228 (a) * * * Director, Bureau of Drugs. (36) Carbenicillin: 50 tig. of the Revised Statutes, as amended [FR*Doc.71—1210 Filed 1-28-71;8:45 am] (46 U.S.C. 141), which was delegated to * * * * * the Secretary of the Treasury by the Data supplied by the manufacturer President by Executive Order No. 10289, concerning the subject antibiotic sensi­ PART 148s— VANCOMYCIN September 17, 1951, as amended by tivity disc have been evaluated. Since the Effective on publication in the F ederal Executive Order No. 10882, July 18, 1960 conditions prerequisite to providing for (3 CFR Ch. I I ) , and pursuant to the au­ R eg ister (1-29-71), Part 148s is repub­ its certification have been complied with lished as follows to incorporate editorial thorization provided by Treasury De­ and since it is in the public interest not partment Order No. 190, Rev. 7, Septem­ and nonrestrictive technical changes. to delay in so providing, notice and public This order revokes all prior publications. ber 4, 1969 (34 F.R. 15846), I declare procedure and delayed effective date are that the foreign discriminating duties of not prerequisites to this promulgation. § 148s. 1 Vancomycin hydrochloride. tonnage and impost within the United States are suspended and discontinued, Effective date. This order shall be ef­ (a) Requirements for certification— so far as respects the vessels of Austria, fective upon publication in the F ederal (1) Standards of identity, strength, and the produce, manufactures, or mer­ R egister (1-29-71). quality, and purity. Vancomycin hydro­ chloride is the hyrochloride salt of a chandise imported into the United (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. 357) kind of vancomycin or a mixture of States in such vessels from Austria or two or more such salts. It is soluble from any other foreign country as of Dated: January 12,1971, in water and moderately soluble in di­ May 27, 1931, and shall continue for so H . E. S im m o n s , lute methyl alcohol. It is insoluble in long as the reciprocal exemption of ves-' Director, Bureau of Drugs. higher alcohols, acetone, and ether. It is so purified and dried that: sels wholly belonging to citizens of the [FR Doc.71-1211 Filed 1-28-71:8:45 am] United States and their cargoes shall (i) It contains not less than 900 mi­ crograms of vancomycin per milligram, be continued and no longer. calculated on an anhydrous basis. If it Any application for refund of such PART 148 j— NOVOBIOCIN is packaged for dispensing, its potency duties is subject to the provisions of 46 Standards of Identity, Strength, is satisfactory if it is not less than 90 U.S.C. 8 and 19 CFR 4.24. Quality, and Purity percent and not more than 115 percent of the number of milligrams of van­ [ s e a l ] E u g e n e T . R o ssid e s, In F.R. Doc. 70-16513 appearing at comycin that it is represented to contain. Assistant Secretary of the Treasury. page 18667 in F ederal R eg ister o f De­ (ii) It is sterile. [FR Doc.71-1248 Filed 1-28-71; 8:50 am ] cember 9, 1970, the heading of § 148j.la (iii) It passes the safety test.

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 RULES AND REGULATIONS 1409

(iv) It is nonpyrogenic. tion containing 5 milligrams of vanco­ lus subtilis (ATCC 6633), test organism (v) Its moisture content is not more mycin per milliliter. H, prepared as described in § 141.104 of than 5 percent. (5) Moisture. Proceed as directed in this chapter, using the method described (vi) Its pH in an aqueous solution § 141.502 of this chapter. in paragraph (b) (2) of that section. containing 50 milligrams per milliliter is (6) pH. Proceed as directed in § 141.- (b) Preparation of plates— (1) Base not less than 2.5 and not more than 4.5. 503 of this chapter, using a solution layer. Add 42 milliliters of medium 2 de­ (vii) Its heavy metals content is not containing 50 milligrams per milliliter. scribed in § 141.103(b) (2) of this chap­ more than 30 parts per million. (7) Identity and factor A content— ter to each Petri dish (25 millimeters x (viii) It contains not more than 15 (i) Preparation of the chromatogram— 150 millimeters) and allow to harden on percent of factor A. (a) Equipment. (1) Chromatographic a flat, level surface. To prevent conden­ (ix) It gives a positive identity test paper (Whatman No. 1 untreated filter sation of excess moisture, raise the tops for vancomycin. paper). slightly while the agar hardens. (2) Packaging. In addition to the re­ (2) Equipment for descending paper (2) Seed layer. Melt nutrient agar quirements of § 148.2 of this chapter, if chromatography (Mitchell tank). medium 2 described in § 141.103(b) (2) it is packaged for dispensing, the van­ (b) Preparations of solutions— (.1) of this chapter. Accurately measure a comycin content of each immediate con­ Factor A. Prepare a solution in distilled sufficient quantity of the melted agar, tainer is 500 milligrams of vancomycin. water to contain 1.33 milligrams of fac­ cool to 48° C., and add the appropriate (3) Labeling. It shall be labeled in tor A per milliliter and further dilute quantity of the spore suspension pre­ accordance with the requirements of with distilled water to prepare solutions pared as described in (a) of this sub­ § 148.3 of this chapter. containing 0.1 and 0.2 milligram of division. Swirl the flask of inoculated (4) Requests for certification; sam­ factor A per milliliter. agar to obtain a homogeneous suspen­ ples. In addition to the requirements of (2) Vancomycin working standard so­ sion. Add 8 milliliters of this inoculated § 146.2 of this chapter, each such request lution. Prepare a solution in distilled agar to each plate, spread evenly, and shall contain: water to contain 1.33 milligrams of allow to harden on a flat, level surface. (i) Results of tests and assays on the vancomycin per milliliter. For accurate results, it is necessary to batch for potency, sterility, safety, pyro­ (3) Known mixture of factor A and obtain uniform distribution of the agar gens, moisture, pH, heavy metals, factor vancomycin. Prepare a solution in dis­ over the entire surface of the plates. A content, and identity. tilled water to contain 0.2 milligram of (c) Assay. For each spot on the paper (ii) Samples required: factor A and 1.13 milligrams of vancomy­ described in subdivision (i) (c) of this (a) If the batch is packaged for re­ cin (estimated) per milliliter. subparagraph, cut a strip 1.5 centime­ packing or for use as an ingredient in (4) Sample. Prepare two solutions of ters by approximately 14 centimeters the manufacture of another drug: the sample in distilled water, each to with the center of each strip centered (1) For all tests except sterility: 12 contain 1.33 milligrams of vancomycin about the line of descent of the spot. packages, each containing approximately (estimated) per milliliter. Place all strips on plates with the aid of 500 milligrams. (5) Solvent mixture. Mix 300 milli­ forceps within as short a period of time (2) For sterility testing: 20 packages, liters of butyl alcohol, 150 milliliters of as possible. Use maximum spacing be­ each containing approximately 300 milli­ pyridine, and 200 milliliters of water in tween strips. Insure complete contact grams. a large separatory funnel and shake well so that the entire strip becomes uni­ (b) If the batch is packaged for dis­ for 3 minutes.' Let stand at room tem­ formly moistened. Allow to stand for 30 pensing: perature. There should be no separation minutes. Remove the strips and identify it) For all tests except sterility: A of layers. each strip location on the Petri dish. minimum of 12 immediate containers. (c) Procedure. Saturate the atmos­ Incubate the plates for 16-18 hours at (2) For sterility testing: 20 immediate phere in the tank with vapors of the 37° C. Any zone of inhibition correspond­ containers, collected at regular intervals solvent mixture by placing 10 milliliters ing to factor A in the sample must not throughout each filling operation. of the mixture in a trough in the bottom be greater than that of the 0.2 milligram- (b) Tests and methods of assay— (1) of the tank and closing tightly for 15 per-milliliter factor A standard. Also, Potency. Proceed as directed in § 141.110 minutes. Prepare a sheet of chromato­ the two areas of inhibition for the sample of this chapter, preparing the sample for graphic paper (8 inches x 8 inches) by due to the presence of factor A and van­ assay as follows: Dissolve an accurately carefully drawing a line of origin with comycin must compare to the cor­ weighed sample of approximately 30 a pencil 2 inches from one of the edges. responding two areas of inhibition of milligrams in sufficient sterile distilled Fold the paper along a straight line 1% the known mixture in their respective water to give a stock solution of 1 milli­ inches from the same edge of the paper. distances from their origins. gram per milliliter; and also if it is pack­ Starting 1 inch from the left-hand edge, (8) Heavy metals. Proceed as directed aged for dispensing, reconstitute as di­ establish points at 1-inch intervals along in § 141.511 of this chapter. rected in the labeling. Then using a the line of origin on which to apply (Sec. 507, 59 Stat. 463, as amended; 21 suitable hypodermic needle and syringe, the solutions. Using a micropipette, ap­ U.S.C. 357) remove all of the withdrawable contents ply the factor A solutions, the vancomy­ Dated: January 12, 1971. if it is represented as a single-dose con­ cin solution, the known mixture solu­ tainer; or if the labeling specifies the tion, and the sample solutions by H. E. S im m o n s , amount of potency in a given volume of placing 5 microliters of each on sep­ Director, Bureau of Drugs. the resultant preparation, remove an ac­ arate spots. Properly identify the loca­ [FR Doc.71-1230 Filed 1-28-71;8:47 am] curately measured representative por- tions of the spots but avoid unnecessary n v? ^rom each container. Dilute with handling of the paper. Allow the spots o-lM potassium phosphate buffer, pH 4.5 to dry spontaneously. Suspend the (solution 4), to give a stock solution of paper in the chamber so that the edge Title 39— POSTAL SERVICE i milligram per milliliter. Further dilute nearest the fold can be conveniently an aliquot of the stock solution with immersed in the solvent mixture con­ Chapter I— Post Office Department solution 4 to the reference concentration tained in the top trough. Immerse the PART 169— POST OFFICE BOXES Aerograms of vancomycin per paper across its entire width to a milliliter (estimated). depth sufficient to assure contact with Renting and Closing Post Office Boxes . <2) SienZif*/. Proceed as directed in the solvent mixture during the entire de­ j i41-2 of this chapter, using the method velopment time. Close the chamber Correction aesenbed in paragraph (e) (1) of that tightly and allow the chromatograph to In F.R. Doc. 71-936 appearing at page section, except use sterile distilled water develop at room temperature for 6 Y2 to 1141 in the issue for Saturday, Jan­ m lieu of diluting fluid A. 7 hours. Remove the paper and allow it uary 23, 1971, § 169.1(e) (1) and (2) , at o Safety. Proceed as directed in to dry completely. the top of the third column, should be s 141.5 of this chapter. (ii) Development by bioautograph— transferred to appear immediately fol­ o Pyrogens. Proceed as directed in (a) Preparation of test organism (spore lowing paragraph (d) (5) Grounds for 8141.4(a) of this chapter, using a solu­ suspension). The test organism is Bacil­ closing a box.

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 1410 RULES AND REGULATIONS

Issued at Washington, D.C., Janu­ SUBCHAPTER M— HOMES FOR LOWER INCOMP Title 24— HOUSING AND ary 22,1971. FAMILIES HOUSING CREDIT a Effective date: February 1,1971. PART 235— MORTGAGE INSURANCE W o o d w a r d K in g m a n , AND ASSISTANCE PAYMENTS FOR Chapter If— Federal Housing Admin­ Acting Federal HOME OWNERSHIP AND PROJECT istration, Department of Housing Housing Commissioner. REHABILITATION and Urban Development (F B Doc.71-1223 Filed l-28-71;8:46 am] Subpart D— Eligibility Requirements— SUBCHAPTER C— MUTUAL MORTGAGE INSUR­ Rehabilitation Sales Projects ANCE AND INSURED HOME IMPROVEMENT SUBCHAPTER L— CONDOMINIUM HOUSING LOANS A p p l ic a t io n , C o m m it m e n t , and INSURANCE I n s p e c t io n F ees PART 203— MUTUAL MORTGAGE IN­ PART 234— CONDOMINIUM The following amendment has been SURANCE AND INSURED HOME OWNERSHIP MORTGAGE INSURANCE IMPROVEMENT LOANS made to increase the application fee: Subpart A— Eligibility Require­ Section 235.520 is amended to read as follows: Subpart A— Eligibility Requirements ments— Individually Owned Units A p p l ic a t io n F ee § 235.520 A p p lic a t io n , commitment, A p p l ic a t io n A n d C o m m it m e n t and inspection fees. The folowing amendment has been E x t e n s io n F ees made to increase the application fees: A combined application, commitment, The following amendment has been and inspection fee in the amount of $40 In § 203.12 paragraphs (a )(1 ) (i) and made to increase the application fee: (ID are amended to read as follows: per dwelling unit to be contained in the In § 234.13 paragraph (a) (1) is proposed project shall be paid with the § 203.12 Application and commitment amended to read as follows: filing of the application. A subsequent extension fees. § 234.13 Application and commitment application for an increase in the num­ (a) Application fee— (1) Amount of extension fees. ber of units to be contained in the proj­ ect shall be accompanied by a payment fee. * * * (a) Application fee— (1) Amount of (i) $40 for an application involving of an additional fee in the amount of fee. The mortgagee shall pay an applica­ $40 for each additional unit. existing construction. tion fee of $40 per family unit to cover (ii) $50 for an application involving the cost of processing. (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. Inter­ proposed construction. prets or applies sec. 235, 82 Stat. 477; 12 U.S.0. * * * * # 1715z.) ***** (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. Inter­ (Sec. 211, 52 Stat. 23; 12 TT.S.C. 1715b. Inter­ prets or applies sec. 234, 75 Stat. 161; 12 Issued at Washington, D.C., Janu­ prets or applies sec. 203, 52 Stat. 10; 12 U.S.C. U.S.C. 1715y) ary 22, 1971. 1709) Issued at Washington, D.C., Janu­ Effective date: February 1,1971. Issued at Washington, D.C., Janu­ ary 22,1971. ary 22, 1971. W o o d w a r d K in g m a n , Effective date: February 1,1971. Acting Federal Effective date: February 1,1971. Housing Commissioner. W o o d w ar d K in g m a n , W ood w ar d K i n g m a n , Acting Federal [ FB Doc.71-1226 Filed 1-28-71; 8:47 am] Acting Federal Housing Commissioner. Housing Commissioner. [F B Doc.71-1224 Filed l-28-71;8:46 am] [F B Doc.71-1222 Piled l-28-71;8:46 am] Title 33— NAVIGATION AND PART 234— CONDOMINIUM SUBCHAPTER G — HOUSING FOR MODERATE OWNERSHIP MORTGAGE INSURANCE NAVIGABLE WATERS INCOME AND DISPLACED FAMILIES Subpart C— Eligibility Requirements— Chapter I— Coast Guard, Department PART 221— LOW COST AND MODER­ Projects— Conversion In d ivid u al of Transportation ATE INCOME MORTGAGE INSUR­ Sales Units ANCE SUBCHAPTER J— BRIDGES A p p l ic a t io n F il i n g an d A ppro ved F ees [O GFB 70-120a] Subpart C— Eligibility Require­ ments— Moderate Income Projects The following amendment has been PART 117— DRAWBRIDGE made to increase the application fees: OPERATION REGULATIONS C o m b in e d F ee—R ehabilitation S ales In § 234.506 paragraphs (a) and (b) M ortgagor are amended to read as follows: Passaic River, N.J. The following amendment has been § 234.506 Application filing and ap­ 1. The Erie Lackawanna Railroad Co. made to increase the application fee: proved fees. requested the Commander, Third Coast Section 221.506a is amended to read as ***** Guard District to revise the special op­ follows: eration regulations for its bridge across (a) $50 per dwelling unit, in a case the Passaic River, West Arlington, N,J. § 221.506a Combined fee— rehabilita­ involving new construction. A public notice dated September 10,1970 tion sales mortgagor. (b) $40 per dwelling unit, in a case setting forth the proposed revision of the In the case of a rehabilitation sales involving rehabilitation. regulations governing this drawbridge mortgagor, the fees provided Jo. (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. Inter­ was issued by the Commander, Third §§ 221.503 through 221.506 shall not be prets or applies sec. 234,75 Stat. 161; 12 U.S.O. Coast Guard District and was made 1715y.) available to all persons known to have applicable. In lieu of such fees, a com­ Issued at Washington, D.C., January an interest in this subject. The Com­ bined application, commitment, and in­ 22,1971. mandant also published these proposals spection fee of $40 per dwelling unit shall in the F ederal R egister of September 24, be paid to the Commissioner when the Effective date: February 1,197L. 1970 (35 F.R. 14848). application for insurance is filed. W o o d w ar d K in g m a n , 2. Interested persons were afforded an (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. Inter­ Acting Federal opportunity to participate in this rule prets or applies sec. 221, 68 Stat. 599; 12 Housing Commissioner. making procedure through the submis­ T7.S.C. 17151) (F B Doc.71-1225 Filed l-28-71;8:47 am] sion of comments. No comments were

FEDERAL REGISTER, V O L 36, NO. 20— FRIDAY, JANUARY 29, 1971 RULES AND REGULATIONS 1411 received. After consideration of all § 117.245 Navigable waters discharging Preproduction Samples known factors in this case, the proposal into the Atlantic Ocean south o f and The contractor shall have available at his is accepted. including Chesapeake Bay and into expense within (specify appropriate number 3. Accordingly, Part 117 is amended by the G ulf o f Mexico, except the Mis­ of days) calendar days after receipt of notice revising § 117.225(f) (2-a) to read as fol­ sissippi River and its tributaries and of award two (2) preproduction samples of outlets; bridges where constant at­ each item to be delivered under the contract lows: tendance - of drawtenders is not for inspection and determination by the § 117.225 Navigable waters in the State required. Government as to compliance with the speci­ of New Jersey; bridges where con­ * * ♦ * * fications. The contractor shall notify the stant attendance of drawtenders not Contracting Officer and the Regional Quality required. (f ) Waterways discharging into Ches­ Control Division set forth in the notice of * * * * * apeake Bay. * * * award, in writing, of the availability of the ( 16) Sinepuxent Bay, Ocean City, Md., samples for inspection, the notification to •(f) * * * U.S. 50 Bridge. The draw shall be opened be made (specify appropriate number of- (2-a) Passaic River, Erie Lackawanna promptly on signal provided that from days) calendar days prior to the date the Railroad bridge between Newark and 6 p.m. to 6 a.m., from October 1 through contractor proposes to . have the samples West Arlington, N.J. The draw need not April 30 at least 3 hours’ advance notice available. The contractor shall without any be opened from 11 p.m. to 7 a.m. From additional charge provide all necessary facili­ has been given. ties for inspection of the samples. 7 a.m. to 11 p.m., the draw shall be ***** Preproduction samples required by this opened promptly on signal provided 8 contract must conform to all specification hours’ advance notice has been given (Sec. 5, 28 Stat. 362, as amended, Sec. 6(g) (2 ), 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. requirements. The acceptance of any pre­ * * * * * 1655(g) (2) ; 49 CFR 1.46(c) (5) (35 F R . 4959) vious preproduction samples or the granting (Sec. 5, 28 Stat. 362, as amended, sec. 6(g) and 33 CFR 1 .0 5 -l(c)(4 ) (35 F.R. 15922)) of any deviations on previous preproduction (2), 80 Stat. 937; 33 U.S.C. 499, 49 U.S.C. samples or on supplies required by previous 1655(g)(2); 49 CFR 1.46(c)(5) (35 F.R. Effective date. This revision shall be­ contracts for the same item(s) shall in no 4959) and 33 CFR 1 .0 5 -l(c)(4 ) (35 F.R. come effective 30 days following the date way be considered as justification for assum­ 15922)) of publication in the Federal Register. ing that the preproduction samples sub­ mitted under this contract will be accepted Effective date. This revision shall be­ Dated: January 26, 1971. unless they fully meet specifications or that deviations will be granted. come effective 30 days following the date R. E. Hammond, of publication in the Federal Register. When the preproduction samples are ap­ Rear Admiral, U.S. Coast Guard, proved, the Government shall notify the vDated: January 25,1971. Chief, Office of Operations. contractor of their acceptance in writing. [FR Doc.71-1236 Filed 1-28-71;8:48 am] After acceptance, one preproduction sample R. E. Hammond, shall be retained by the contractor and made Rear Admiral, U.S. Coast Guard, available to the Government without addi­ Chief, Office of Operations. tional cost to the Government, at the loca­ tion where the material is offered to the [PR Doc.71-1235 Filed l-28-71;8:48 am] Title 41— PUBLIC CONTRACTS Government for inspection, until comple­ tion of the contract, at which time it may be delivered in “like new” condition as part [CGFR 70-56a] AND PROPERTY MANAGEMENT of the last scheduled delivery under the contract. The other preproduction sample PART 117— DRAWBRIDGE Chapter 5A— Federal Supply Service, shall be delivered to the Government in OPERATION REGULATIONS General Services Administration accordance with instructions to be furnished by the Contracting Officer and upon accept­ Sinepuxent Bay, Md. PART 5A-7— CONTRACT CLAUSES ance shall be deemed an item delivered 1. The Maryland State Roads Com­ Preproduction Samples Clause under the contract. mission requested the Commander, Fifth If the contractor fails to deliver the pre- Coast Guard District to establish special The table of contents for Part 5A-7 is production samples or if the Government disapproves the preproduction sample, the operation regulations for its bridge across amended by the addition of the following new entry: contractor shall be deemed to have failed the Sinepuxent Bay at Ocean City, Md. to make delivery within the meaning of the A public notice dated April 13, 1970, set­ Sec. “Default” clause of this contract and this ting forth the proposed revision of the 5A-7.170-2 Preproduction samples. contract shall be subject to termination for regulations governing this drawbridge default provided that failure of the Govern­ was issued by the Commander, Fifth Subpart 5A—7.1— Fixed-Price Supply ment in such an event to terminate this Coast Guard District and was made Contracts contract for default shall not relieve the available to all persons known to have an contractor of his responsibility to meet the Section 5A-7.170-2 is added to read as delivery schedule for production quantities. interest in this subject. The Comman­ follows : The Government reserves the right to dant also published these proposals in the waive the requirements for preproduction Federal R egister of April 15, 1970 (35 § 5A—7.170—2 Preproduction samples. samples as to those bidders offering a prod­ F.R. 6150). Preproduction samples may be re­ uct which has been previously procured and 2. Interested persons were afforded an quired to determine that the contractor approved by General Services Administration opportunity to participate in this rule can produce supplies which comply with under the same specifications applicable to making procedure through the submis­ the contract specifications, and to pro­ this procurement. Bidders offering such prod­ sion of comments. One letter was re­ vide a quality standard for reference ucts are requested to furnish with their bids ceived that objected on the grounds that during the life of the contract. Substan­ information identifying the product by marine traffic may be expected to grow in tially the following clause shall be in­ citing the number, date and item of the that area on a year round basis and that cluded in contracts when submission of purchase order and/or contract number in­ the proposed restrictions might retard preproduction samples is to be required. volved in such prior purchase. such growth. Available data on the draw- The clause requires submission of two “Ndge openings did not bear out this (Sec. 205(c), 63 Stat. 390; 40* U.S.C. 486(c); preproduction samples; however, this as­ 41 CFR 5-1.101 ( c ) ) premise for the periods requested at this pect may be modified to require the sub­ time. After consideration of all known mission of only one such sample when Effective date. These regulations are factors in this case, the proposal is ac­ the Quality Control Division notifies the effective 30 days after the date shown cepted. If, at a later period, conditions contracting officer in writing that it is below. warrant a review of this section, such ac­ not feasible (or practicable) for them Dated: January 22, 1971. tion will be taken. to accept and maintain custody of the second sample. Also, the clause may be L. E. Spangler, 3. Accordingly, Part 117 is amended by modified for consistency with other pro­ Acting Commissioner, adding § 117.245(f) (16) to read as visions of the solicitation, such as place Federal Supply Service follows: and method of inspection. [FR Doc.71-1229 Filed l-28-71;8:47 am]

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 No. 20—Pt. I--- 2 1412 RULES AND REGULATIONS

Chapter 101— Federal Property initial application, must be filed by the Subpart D— Criteria for Waivers Under the Ad Management Regulations applicant on or before 90 days following ***** the date on which the area in which the See. SUBCHAPTEft E— SUPPLY AND PROCUREMENT applicant is, in whole or in part, located 114.36 Criteria for waiver of substantial PART 101—26—-PROCUREMENT is declared to be a major disaster area or percentage requirement in sec­ SOURCES AND PROGRAMS 90 days following the date of the pub­ tion 14(c). lication in the F ederal R eg ister of the ***** Subpart 101—26.7— Use of GSA Sup­ amendment to the regulations in this A uthority : The provisions of this Part 114 ply Sources by Grantees and Con­ part extending their application to the issued under 20 U.6.C. 642. Interpret or tractors particular major disaster involved, apply 20 U.S.C. 631-645. whichever is later; except that, when­ 2. In § 114.1, paragraphs (q) and (s) I dentification o f G r antees or C o n t r a c ­ ever such date shall fall on a nonbusiness are amended, and a new paragraph (w) t o r s i n W r it t e n A uthorizations day, the final date for filing applications is added, to read as follows: Section 101-26.704(b) (1) is revised to shall be the next succeeding business day. § 114.1 Definitions. provide that authorizations issued by An application for financial assistance agencies to grantees and contractors to for providing free public education for ***** use GSA supply sources indicate whether a fiscal year subsequent to that covered (q) The “ priority indices’* are the in­ the recipient of the authorization is a by the initial year of such application dices established pursuant to this part grantee or a contractor and identify the must be filed by January 31 in the fiscal based on relative urgency of need for the grant(s) or cite the contract number(s) year following the last such application. purpose of determining the order of ap­ involved. An application must either be received proval of project applications, and the by the Commissioner, or be mailed under order of payments within each priority Section 101-26.704 (b) (1) is revised to cover postmarked, on or before the final read as follows: grouping. filing date. It must be transmitted ***** § 101—26.704 Agency authorizations. through and certified for by the State (s) The term “base year” means the * * * * * educational agency. The applicant is . third or fourth school year preceding (b) * * * responsible for obtaining the certification of the State educational agency and for the fiscal year in which an application (1) Indicate whether the recipient is securing transmittal of the application to was filed, as may be designated in the a grantee or contractor and identify the the Commissioner. application, except that in the case of an grant(s) or cite the contract number(s) application based on children referred involved. (20 IT.S.C. 242; interpret or apply 20 U.S.C. to in paragraphs (2) or (3) of section * * * * * 241-1, 242-244) 5(a) of the Act, the base year shall in * * * * * (See. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) no event be later than the regular school In accordance with section 421 of the year 1968-69. Effective date. This regulation is effec­ General Education Provisions Act (20 ***** tive upon publication in the F ederal U.S.C. 1232), the foregoing amendments R e g ister (1-29-71), (w ) For the purpose of applications will become effective 30 days following under section 10 of the Act, “repairs" Dated: January 25, 1971. the date of their publication in the means those repairs which must be ac­ F ederal R eg ist e r . R o bert L. K u n z ig , complished without delay in order to Administrator of General Services. Dated: November 30, 1970. ' avoid further deterioration of the school facilities and thereby appreciably in­ [FR Doc.71—1228 Filed 1-28-71;8:47 am ] T . H . B e l l , crease the ultimate repair or replacement Acting Commissioner of Education. cost. The term “repairs” does not for that Approved: January 25,1971. purpose include remodeling or rearrange­ ment of existing facilities to permit grade Title 45— PUBLIC WELFARE E l l io t L . R ic h a r d s o n , pattern reorganization or providing min­ Secretary of Health, imum school facilities not otherwise Chapter I— Office of Education, De­ Education, and Welfare. partment of Health, Education, and obtainable. [F R Doc.71-1219 Filed l-28-7l;8:46 am] Welfare (20 U.S.C. 633, 634, 635, 640, 645) 3. In § 114.2, paragraph (a) is amended PART 113— FINANCIAL ASSISTANCE PART 114— FEDERAL ASSISTANCE to read as follows: FOR CURRENT SCHOOL EXPENDI­ UNDER PUBLIC LAW 815, 81 ST § 114.2 Cutoff dates for filing applies* TURES OF LOCAL EDUCATIONAL CONGRESS AS AMENDED, IN CON­ tions, AGENCIES AFFECTED BY CERTAIN STRUCTION OF MINIMUM SCHOOL (a) Pursuant to section 3 of the Act, DISASTERS FACILITIES IN AREAS AFFECTED BY the Commissioner will from time to time Dates for Filing Applications set dates by which applications for pay­ FEDERAL ACTIVITIES . ments under all sections of the Act with Part 113 of Chapter I of Title 45 of the Miscellaneous Amendments respect to construction projects must be Code of Federal Regulations is amended filed, except that the last such date with to reflect the fact that regulations in Part 114 of Chapter I of Title 45 of respect to applications for payments on Part 115 are being amended to provide the Code of Federal Regulations is account of children referred to in para­ additional time for the Office of Educa­ amended to reflect amendments made by graphs (2) or (3) of section 5(a) of the tion to determine before the end of the Public Law 91-230, and by Public Law Act shall not be later than June 30,1973. fiscal year whether local educational 91-260. * * * * * agencies meet the statutory requirements 1. In the Table of Contents, Subparts (20 U.S.C. 633) for eligibility. B and D are amended to revise the head­ ing of § 114.4, to add a reference to the 4. Section 114.3 is revised to read as 1. Section 113.9 is amended to read as follows: follows: new § 114.36, to read as follows: § 114.3 Procedure if funds are inade­ § 113.9 Dales for filing applications. Subpart B— Filing Complete Applications and Determining Priority Indices quate to make all payments. Each application for benefits under * * * * * (a) Section 2 of the Act provides that for each fiscal year the is section 7 of the Act, except applications Sec. Commissioner for financial assistance for continuing to 114.4 Determination, of priority indices to determine the portion of the fmid® provide free public education at a pre­ and priority groupings for appli­ appropriated under the Act which shall existing level that are filed for a fiscal cations. be available for carrying out the pro­ year subsequent to that covered by such ***** visions of sections 9 and 10 and that the

FEDERAL REGISTER, V O L 36, NO. 20— FRIDAY, JANUARY 29, 1971 RULES AND REGULATIONS 1413 remainder of such funds shall be avail­ able for applications filed during that on Federal property (or attending able for paying to local education agen­ fiscal year will be allocated to each such school on Federal property) and for cies the Federal share of the cost of section and subsection in the ratio of the whom minimum school facilities are to projects for the construction of school estimated requirements under each to the be provided, is of the total estimated facilities for which applications have total estimated requirements for all such number of all children residing and at­ been approved under section 6. Section sections and subsections. tending school on the installation at the 3 of the Act provides that the Commis­ (d) Each approvable application will close of the applicable period; and (2) sioner shall by regulation prescribe an be assigned a priority rating determined the percentage of the estimated school order of priority, based on relative in the manner specified in §§ 114.4 and membership at such installation which is urgency of need, to be followed in ap­ 114.5, and a priority listing shall be estab­ without minimum school facilities as of proving applications in the event the lished for each such section and subsec­ the same time. However, in no case will funds appropriated under the Act and tion. The funds allocated as prescribed the combined percentage used in deter­ remaining available on any cutoff date in paragraph (c) will be reserved for ap­ mining the priority index exceed twice for payment to local educational agencies plications on such priority listings in the the percentage arrived at in-clause (1). are less than the Federal share of the order of priority indices. When all such In determining the order of priority for cost of the projects with respect to which applications have been funded, any approving applications under section 10, applications have been filed prior to such remaining available funds will be re-, applications will be classified in groups date (and for which funds under the Act served for applications under section 6 for priority in funding from funds al­ have not already been obligated). Only (as limited by section 5) and section 8 located for applications under section 10 applications meeting the conditions for and subsection 14 (c ). as prescribed in paragraph (c) of § 114.3, approval under the Act (other than sec­ (e) For fiscal year 1971 and following and a priority listing will be established tion 6 (b )(2 )(C )) shall be considered fiscal years, a priority listing will be for each such group, as follows: (i) Ap­ applications for purposes of the preced­ established also for applications under plications requesting major repairs ing sentence. Such an order of priority section 6 (as limited by section 5) and necessary for the safety of school chil­ is to provide that applications for pay­ section 8 for that portion of payments dren or to prevent further deterioration ments based upon increases in the num­ that is based on increases in the num­ of existing school facilities; (ii) appli­ ber of children either residing on, or ber of children either residing on, or cations in cases where the local educa­ residing with a parent employed on, residing with a parent employed on, an tional agency which operates the school property which is part of a low-rent eligible low-rent housing property. program in the school facilities located housing project assisted under the United Funds will be reserved for applications on Federal property has given assurance States Housing Act of 1937 shall not be on such a priority listing after funds and a firm commitment to the Commis­ approved for any fiscal year until all have been reserved for all other approv­ sioner that, upon completion of the pro­ other applications under paragraphs (2) able applications under section 6 (as posed project, it will accept ownership and (3) of subsection 5(a) have been ap­ limited by section 5) and section 8 and of the school facilities located on Fed­ proved for that fiscal year. Section 14 of subsection 14(c) filed for that fiscal year. eral property under section 10(b) of the the Act provides, in subsection (e ), in (20 U.S.C. 633, 640, 644) Act; (iii) applications in cases where, un­ part, as follows: “ In determining the der currently effective State standards, order in which such applications shall be 5. Section 114.4 is amended to read asthere are unhoused pupils; and (iv) approved, the Commissioner shall con­ follows: applications r equesting capacity or non­ sider the relative educational and finan­ § 114.4 Determination of priority in­ capacity school facilities, or the rehabili­ cial needs of the local' educational agen­ dices and priority groupings for ap­ tation or remodeling of existing school cies which have submitted approvable plications. facilities, required to bring the school fa­ cilities up to a standard which will per­ applications and the nature and extent When the Commissioner has set a date of the Federal responsibility.” Section 14 mit the offering of a contemporary by which complete applications must be educational program. provides, in subsection (h ), that the pro­ filed, the priority indices for approval of vision of assistance pursuant to sub­ (c) In those cases in which an appli­ such applications will be determined as cant has filed more than one project ap­ sections 14(a) and 14(b) of the Act shall follows: be given a priority at least equal to that plication, or in the case of section 10, (a) For applications under sections 6 two or more applications are filed which given to payments made pursuant to and 14 of the Act, a priority index will section 10 of the Act. fall within the same group classification be determined for the first construction in paragraph (b ), the priority index for (b) Pursuant to the above provisions project for each applicant by adding of the Act, applications for assistance the second project will be determined by: (1) the percentage that the estimated (1) Dividing the normal capacity of the under the provisions of sections 9,10, and number of federally connected children first project by the total estimated mem­ 16 and subsections 14(a) and 14(b) shall countable for payment in the school dis­ bership at the close of the applicable have priority in funding over applications trict (or in the approved attendance under section 6 (as limited by section 5), period and (2) reducing the applicant’s area except under subsections 14(a) and priority index by twice the percentage and sections 8 and 14(c) of the Act. That 14(b)) is of the total estimated mem­ so obtained. When more than two proj­ portion of payments under applications bership of all children therein at the under section 6 (as limited by section 5) ect applications have been filed, the close of the applicable period and (2) priority index for each succeeding proj­ and section 8 of the Act based upon in­ the percentage of the estimated school creases in the number of children either ect shall be reduced by the cumulative membership within the school district total percentage, in the manner pro­ residing on, or residing with a parent (or in the approved attendance area ex­ employed on, Federal property other than vided for in the preceding sentence, of cept under subsections 14(a) and 14(b)) all approved projects of the applicant, property which is part of an eligible Jow- which at the same time is without mini­ rent housing property shall have priority mum school facilities. However, in no (20 U.S.C. 633, 640, 644) hi funding over that portion of payments case shall the amount used in determin­ 6. In § 114.5, paragraph (a) is that is based upon increases in the num­ ing the priority index exceed twice the amended to read as follows: ber of children countable for payment percentage in clause (1). No priority, ex­ under subsections 5 (a )(2 ) and 5 (a )(3 ) cept under subsections 14(a) and 14(b), § 114.5 Determination o f subpriority who either reside on, or reside with a shall be established for any applicant indices for applications. Parent employed on, an eligible low-rent having less than 20 unhoused children in (a) In the event that the appropriated housing property. the school district (or in the approved funds are sufficient to fund only a por­ (c) For each fiscal year, the Commis­ attendance area). tion of the project applications with sioner will first determine the estimated (b) For applications under section 10 identical priority indices as determined requirements for all applications filed of the Act, a priority index will be deter­ under § 114.4, the subpriority index uuder sections 9, 10, and 16 and subsec­ mined for the first construction project (relative position) of such project appli­ tions 14(a) and 14(b) of the Act; and by adding (1) the percentage that the cations will be determined by comput­ me funds appropriated and made avail­ estimated number of children residing ing the percentage that the estimated

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 1414 RULES AND REGULATIONS

number o f federally connected children requirement may however, be waived by (5) The number of children who are countable for payment in the school dis­ the Commissioner under § 114.35. inadequately housed by minimum school trict (or in the approved attendance area ***** facilities located in the remote or iso­ except under section 14, or in the case of (d) The requirement in section 14(c) lated area and estimated to be in mem­ section 10, of the number of children for bership in the applicant’s schools as of whom school facilities are to be provided (1) o f the Act will be deemed to have been met when the following conditions the close of the membership period for on Federal property ), is of the total esti­ which the application is filed is at least mated membership of all children in such exist: (1) The total number of children who 20 in number and at least 20 percent of an area at the close of the applicable the total number of children in mem­ period. are inadequately housed by m inim um school facilities (for whom the applicant bership in the district as a whole and for (20 TJ.S.C. 633, 644) is providing, or upon completion of the whom the applicant is providing free 7. In § 114.12, paragraph (d) is school facilities for which provisions public education. amended to read as follows: are made will provide, free public edu­ (6) The area of all Federal lands in cation, and whose membership in the the school district composes at least 80 § 114.12 Determination o f available and schools of such applicant has not formed percent of the total area of the school usable school facilities. and will not form the basis for payments district; * * * * * under other provisions of the Act) is at (b) I f the Commissioner, on the basis

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 RULES AND REGULATIONS 1415 any other law less the amount of finan­ timely transmittal of the application to study and will be dealt with later in a cial resources which the Commissioner the Commissioner of Education. In order separate action. determines to be practicably available to to give the State educational agency time 2. Comments directed to the Glen the applicant from local, State, or other in which it may process the application, Ridge proposal were filed by the Federal sources. the applicant should file its application Land Mobile Communications Council with the State educational agency by (LM C C ), the New Jersey Public Broad­ (20 U.S.C. 644) January 2 of the fiscal year. casting Authority (Authority), the State In accordance with section 421 of the ***** agency charged with providing a state­ General Education Provisions Act (20 (20 U.S.C. 242; interpret or apply 20 U.S.C. wide educational television system and US.C. 1232), the foregoing amendments 236-241, 242-244) which has an application on file for use will become effective 30 days following of the ETV Channel 77 Glen Ridge as­ In accordance with section 421 of the the date of their publication in the F ed ­ signment at Montclair, N.J.,2 and by the General Education Provision Act (12 eral R egister. National Association of Educational U.S.C. 1232), the foregoing amendments Dated: November 30, 1970. Broadcasters (N A E B ). At the Author­ will become effective 30 days following ity’s request, supported by the NAEB, T. H. B e l l , the date of their publication in the F ed ­ we have also included for consideration Acting Commissioner of Education. eral R e g ist e r . herein the petition for rule making Approved: January 25,1971. Dated: November 30,1970. which it filed with its comments on Au­ gust 24,1970, respecting the replacement ell E llio t L. R ic h a r d s o n , T. H. B , Acting Commissioner of Education. for the Channel *77 Glen Ridge assign­ Secretary of Health, ment proposed in its comments. The Au­ Education, and Welfare. Approved: January 25,1971. thority has also filed herein copies of [FR Doc.71-1220 Filed l-28-71;8:46 am] E l l io t L. R ic h a r d s o n , correspondence exchanged with Screen Secretary of Health, Gems Broadcasting Corp., licensee of Education, and Welfare. Station WNJU-TV, Channel 47, Linden, PART 115— FINANCIAL ASSISTANCE N.J., relative to its replacement proposal. FOR CURRENT EXPENDITURES OF [FR Doc.71-1221 Filed l-28-71;8:46 am] 3. In its comments, LMCC states that, LOCAL EDUCATIONAL AGENCIES IN while it does not take lightly the dele­ AREAS AFFECTED BY FEDERAL AC­ tion of the Glen Ridge ETV assignment TIVITIES AND ARRANGEMENTS FOR and fully supports the Commission’s ef­ Title 47— TELECOMMUNICATION forts to substitute assignments for those FREE PUBLIC EDUCATION OF CER­ affected by the Commission’s decisions TAIN CHILDREN RESIDING ON FED­ Chapter I— Federal Communications Commission in the land mobile-UHF allocation pro­ ERAL PROPERTY ceedings in Dockets Nos. 18261 and [Docket No. 18862; FCC 71-62] Miscellaneous Amendments 18262, it fully supports our proposal to PART 73— RADIO BROADCAST delete the Channel 77 Glen Ridge assipi- Part 115 of Chapter I of Title 45 of the ment without replacement at this time Code of Federal Regulations is amended SERVICES inasmuch as none appears possible. It to reflect the fact that Public Law 81-874 Television Broadcast Stations; Table takes the view that no exceptions from has been amended by Public Law 91-230 of Assignments; Glen Ridge, N.J. total reallocation of the 806-890 MHz and to provide additional time for the frequency band for land mobile use are U.S. Office of Education to determine be­ First Report and Order. In the matter warranted; that to create exceptions fore the end of the fiscal year whether of amendment of § 73.606(b). Table of would ultimately act to frustrate the local educational agencies meet the stat­ Assignments, Television Broadcast Sta­ Commission’s decisions in Dockets Nos. utory requirements for eligibility. tions. (Glen Ridge, N.J., and Bowling 182613 and 182624 and encourage creat­ 1. In § 115.3, paragraph (a) is Green and Toledo, O hio). ing a patchwork of “ relief” to land amended to read as follows: 1. The Commission instituted this pro­ mobile users; and that, in the overall § 115.3 Definitions. ceeding by notice of proposed rule mak­ scheme of effective frequency utilization * * -* * * ing, released May 21, 1970 (FCC 70-524, and management, total reallocation of 35 F.R. 8670) for the purpose of deleting the 806-890 MHz frequency band for (a) “The Act” means Public Law 874, two educational television (ETV) as­ land mobile use will best serve the public 81st Congress (64 Stat. 1100); as signments—Channel 77 at Glen Ridge, interest. amended. N.J., and Channel 70 at Bowling Green, 4. The comments of the Authority and ***** Ohio—in order to implement its recent the NAEB discuss the planning and ac­ 2. In § 115.11, paragraph (a) is decision in the land mobile-UHF alloca­ tive steps the Authority has been and amended to read as follows: tion proceeding in Docket No. 18262, fix is taking to establish a statewide edu­ which these channels, among others cational television system, of which an § 115.11 Final date for filing an appli­ (Channels 70-83, 806-890 M Hz), were ETV station in the Glen Ridge area to cation for financial assistance. reallocated for land mobile use.1 The serve northern New Jersey is an integral (a) Except as otherwise provided in notice also invited comments on possible and planned part; the need for a suitable this section, the final date for filing an replacements for both assignments, spe­ replacement for the Channel 77 Glen application for financial assistance under cifically proposing, with respect to the Ridge assignment at this time so that sections 2, 3, or 4 of the Act, and the reg­ Channel *70 Bowling Green assignment, the Authority can go forward with its ulations in this part, out of funds appro­ to replace it with Channel *40 by delet­ plans for an ETV station in the area, priated for any fiscal year shall be Jan­ ing Channel 54 from Toledo, Ohio. No which had reached the application stage uary 31st of that fiscal year for all ap­ replacement was proposed for the Chan­ with respect to Channel 77; and the plicants; except that, whenever such a channel replacement proposed by the nel *77 Glen Ridge assignment since, final date falls on a Saturday, Sunday, Authority. or other legal holiday, the final date for considering the crowded nature of the 5. From a study made by its technical filing an application shall be the next UHF assignment picture in the north­ consultants, the Authority believes that succeeding weekday which is not a legal east, none appeared possible under pres­ the only channel having potential for holiday. Each application must be re­ ent rules. We here consider and act only use in the proximity of Glen Ridge to ceived by the Commissioner, or under meet its ETV needs is Channel 50. The cover postmarked, on or before the final upon the Glen Ridge proposal. The filing date after transmittal through and Bowling Green proposal is still under 2 BPET-363, filed Feb. 18, 1970. certification by the State educational 3 First Report and Order, adopted May 20, agency. The applicant is responsible for i See First Report and Order and Second1970, Docket 18261, FCC 70-521, 23 FCC 2d obtaining the certification of the State Notice of Inquiry, adopted May 20, 1970, in 325. educational agency and for securing a Docket No. 18262, FCC 70-519, 35 F.R. 8644. 4 Supra, footnote 1.

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 1416 RUUES AND REGULATIONS.

Authority, supported by the NAEB, nel 77 Glen Ridge assignment. From 10. This assignment proposal presents therefore requests that Channel 50 be them, we have determined that there are a difficult case for decision. We have not assigned to Little Falls, N.J., as a re­ no available channels meeting spacing heretofore relaxed the UHF intermodu­ placement for the Channel 77 Glen Ridge requirements which could be assigned in lation taboo in order to permit an assign­ ETV assignment. Little Falls, a town with this area and that, of all other possibili­ ment or its use, and we believe that, in a 1060 population of 9,730 persons, is ties, the Assignment of Channel 50 to the the interest of maintaining stability in located in Passaic County, in close prox­ area would pose the fewest problems. If our allocation policies and in insuring imity to Glen Ridge and immediately assigned to Little Falls and used as the adequate protection to the public and adjacent to Montclair, the location of a Authority plans, it would meet all spac­ stations from interference, caused by portion of the Montclair State College ing requirements but one— the required intermodulation, we should continue to campus, and the planned location for 20-mile separation (intermodulation apply this “ safety” taboo to all stations, the Authority’s transmitting facilities for taboo) between Channel 50 and Chan­ at least until such time as our réévalua­ an ETV station to serve this northern nel 47, occupied by Station WNJU-TV, tion of the UHF taboos, which has be­ New Jersey area. Linden, N.J. The distance from the Little gun, shows what relaxation, if any, 6. The Authority also requests waiver Falls reference point to the Empire State would be feasible. But this réévaluation of the rules (§ 73.601(d)) to permit the Building, where the WNJU-TV trans­ will take time, and the case for relaxing assignment and use of Channel 50 at mitter is now located, is but 15.8 miles, the UHF intermodulation taboo to the Little Falls at less than the 20-mile and to the World Trade Center Build­ extent necessary to permit the assign­ separation required by the UHF inter­ ing, where the W NJU-TV transmitter ment and ETV use of Channel 50 at modulation taboo from the transmitting may be relocated when that structure is Little Falls at this time appears un­ facilities of Station WNJU-TV, Chan­ completed, but 16.3 miles. The distance usually strong and compelling. First, we nel 47, Linden, N.J., on the Empire State from the Little Falls transmitter site for are reasonably satisfied by our studies Building, New York City, or from the the Channel 50 operation planned by the that the relaxation required would not World Trade Center Building in the Authority (some 1,150 .feet west of the create a significant intermodulation in­ event the W NJU-TV transmitter is re­ specified site for the Authority’s proposed terference problem and would be feasible. located there when it is completed, as Channel 77 operation, with geographical Second, since the Authority’s showing anticipated. The Authority urges that coordinates of north latitude 40°51'48" indicates that both it and the Channel good cause exists for waiving the inter­ and west longitude 74° 12'01") is only 47 licensee are agreeable to the use of modulation taboo in this case since its about 13.7 miles from the Empire State Channel 50 at little Falls under con­ technical study indicates that the pres­ Building and only 14.3 miles from the ditions that will not hamper full and ent or proposed operation on Channel World Trade Center Building. effective use of either channel, there 47 will not be affected by a Little Falls 9. We have also investigated the possi­appears no problem in this regard. Third, Channel 50 operation; the Channel 47 li­ bility of interference that might result there appears no other channel which censee will not object to the Channel 50 from waiver of the intermodulation could be assigned to this northern New operation— correspondence filed herein taboo to the extent required for a Little Jersey area to replace Channel 77 at this by the Authority indicates that Screen Falls ETV Channel 50 station at the lo­ time which would involve fewer prob­ Gems would ^interpose no objection to a cation planned by the Authority. It leads lems than the assignment of Channel 50. Channel 50 operation at the site con­ us to believe that there would be little Fourth, and most important, we feel templated by the Authority and that likelihood of significant interference called upon, in the public interest and neither party would object to the use of from intermodulation products. In con­ in furtherance of our educational and maximum power by the Channel 50 sidering the channels that might be re­ UHF television goals, to provide the Little Falls station or by Station WNJU- ceived in the Little Falls, N.J., area,8 State of New Jersey with an alternate TV at either its present transmitter site we found only two channels that might means for implementing the plans which or one on the World Trade Center Build­ provide a usable signal in the potential ing; and the people in northern New Jer­ it, through the Authority, has been interference area—Channel 43, Bridge­ actively pursuing for establishing a first sey are entitled to have the educational port, Conn., occupied by off-the-air Sta­ local and network educational service in television service envisioned by the State tion WFTT, and unused Channel 54, northern New Jersey on Channel 77, and Legislature and proposed by the Author­ Poughkeepsie, N.Yt Since both ch annels ity. which had reached the application stage are approximately 55 miles from the po­ prior to our decision in Docket No. 7. The Commission subscribes to the tential interference area, their signal 18262. We are especially desirous of view that the overall public interest is intensities would likely be too low for doing so since it is as a consequence of served by deleting the ETV Glen Ridge satisfactory reception in that area or to our reallocation of television Channels assignment at this time, even without create an interference problem of any 70-83 to meet the needs of the land replacement, in view of the fact that it magnitude. Also, since neither the Au­ mobile services that these plans have is among the UHF television channels thority nor the Channel 47 licensee are been disrupted. which we have reallocated to the land proposing to operate with maximum 11. We are persuaded that the above mobile services in Docket No. 18262 in power at this time, the possibility of in­ considerations, taken together, may light of their pressing needs, particularly terference resulting from the requested make this an exceptional case for relax­ in the New York-eastern New Jersey waiver of the separation requirements ing the UHF intermodulation taboo to area. We also believe, as do all the par­ for the intermodulation taboo is further the extent necessary to permit the as­ ties herein, that in withdrawing Channel reduced. Of course, there is always the signment and use of Channel 50 at Little 77 from ETV use in the Glen Ridge area, possibility that the licensee of either Falls, as planned by the Authority, and it is clearly desirable in the public in­ channel may wish to increase power at we wish to consider the proposal further terest to replace it at this time, if at all some futuretime. In that event, we would in rule making. We are therefore imple­ possible. Its deletion from Glen Ridge again consider the situation at that time. menting our decision on Docket No. 18262 will remove the only ETV channel as­ It does not appear, however, that the by deleting the ETV Channel 77 Glen signment in northern New Jersey, and Ridge assignment and, in a separate we are convinced by the Authority’s possibility of interference from inter­ modulation would be sufficiently great document adopted today, instituting rule showing that an assignment is needed in making on the Authority’s Channel 50 to make the use of even maximum power this area to enable the Authority to replacement proposal. proceed with its plan to establish a first on either channel prohibitive at present 12. Authority for this action is found local ETV station to serve northern New or presently contemplated sites. in sections 4 (i), 303 (g) and (r), and Jersey and to implement its plans for a 307(b) of the Communications Act of statewide educational television network 1934, as amended. effectively. 6 For this intermodulation study, the third channel above channel 50, plus and minus 13. Accordingly, it is ordered, That, 8. Since instituting this proceeding, one (Channels 52, 53, 54), and the third effective March 2, 1971, § 7 3 .606(b). we have made further studies of channel channel below Channel 47, plus and minus Table of Assignments, Television Broad­ replacement possibilities for the Chan- one (Channels'43,44, 45) , were considered. cast Stations, is amended, by deleting

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 RULES AND REGULATIONS 1417 th6 entry for Glen Ridge, N.J., and Chan­ making this order effective upon less to the general public by depositing a nel 77 therefrom. than 30 days’ notice. copy in the Office of the Secretary of the I t is ordered, That: Commission at Washington, D.C., and /Secs 4 303, 307, 48 Stat., as amended, 1066, by filing it with the Director, Office of 1082, 1083; 47 U.S.C. 154, 303, 307) § 1033.1059 Service Order No. 1059. the Federal Register. Adopted: January 20, 1971. (a) Pennsylvania-Reading Seashore By the Commission, Railroad Service Lines shall unload certain cars of beets Board. Released: January 25, 1971. held at Glassboro, N.J. and at Tuckahoe, F ederal C ommunications N.J.: The Pennsylvania-Reading Sea­ [ s e a l ] R o bert L. O s w a l d , C o m m is s io n ,8 shore Lines, its agents or employees, shall Secretary. [seal] B e n F. W a p le , unload the following cars containing [F R Doc.71-1241 Filed l-28-71;8:48 am ] Secretary. beets held at Glassboro, N.J., and at [PR Doc.71-1255 Filed l-28-71;8:49 ami Tuckahoe, N.J. [S.O. 1060] (1) Cars held at Glassboro, N.J.: PART 1033— CAR SERVICE N YC 906092 PRR 669137 PRR 279901 PRR 667719 Reading Co.; Unloading of Certain Title 49— TRANSPORTATION PRR 274572 PRR 279891 Cars of Beets Held at Macungie, Pa. Chapter X— Interstate Commerce PRR 267814 PRR 670662 N Y C 905962 PRR 279300 At a Session of the Interstate Com­ Commission PRR 666113 PRR 279439 PRR 670221 PRR 275254 merce Commission, Railroad Service SUBCHAPTER A— GENERAL RULES AND PRR 673129 PRR 272291 Board, held in Washington, D.C., on the REGULATIONS RRR 268770 PRR 267206 25th day of January 1971. [S.O. 1059] PRR 271084 PRR 674512 It appearing, that there is a critical PRR 271590 PRR 670362 shortage of hopper cars throughout the PART 1033— CAR SERVICE PRR 274279 PRR 268988 country; that numerous shippers are un­ PRR 673640 PRR 274354 Pennsylvania-Reading Seashore able to secure the hopper cars required Lines; Unloading of Certain Cars of (2) Cars held at Tuckahoe, N.J.: for transportation of their traffic; that certain shippers load substantial num­ Beets Held at Glassboro and Tuck- PRR 671648 PRR 672423 PRR 672518 PRR 274709 bers of such hopper cars far in advance ahoe, N.J. of dates wanted at destination; that (b) The Pennsylvania-Reading Sear At a session of the Interstate Com­ such cars are subsequently ordered held merce Commission, Railroad Service shore Lines, its agents or employees, at origin or at various points en route to Board, held in Washington, D.C. on the shall complete the unloading of each of billed destination; that two such cars are the cars named in paragraph (a) of this 25th day of January 19,71. being held by the Reading Co. at Macun­ sèction not later than 11:59 p.m., Feb­ gie, Pa., since November 23, 1970; that It appearing, that there is a critical ruary 13, 1971. the Reading Co. has been unable to shortage of hopper cars throughout the (c) The Pennsylvania-Reading Sea­ secure authority from the shipper to for­ country; that numerous shippers are un­ shore Lines, its agents or employees, ward these cars to destination for un­ able to secure the hopper cars required shall notify the shipper and R. D. loading by the consignee; that the con­ for transportation of their traffic; that Pfahler, Chairman, Railroad Service signee named in the billing is unable to certain shippers load substantial num­ Board, Interstate Commerce Commis­ accept and unload these cars on a cur­ bers of such hopper cars far in advance sion, Washington, D.C., when it has com­ rent basis; and that these practices pre­ of dates wanted at destination; that such pleted the unloading of each car. Such vent the use of the affected cars for the cars are subsequently ordered held at notice shall specify when, where, and by transportation of products of other ship­ origin or at various points en route to whom such unloading was performed. pers. Therefore, it is the opinion of the billed destination; that 26 such cars are (d) Application: The provisions of Commission that, because the existing being held by the Pennsylvania-Reading this order shall apply to intrastate and rules, regulations, and practices of the Seashore Lines at Glassboro, N.J., and foreign traffic, as well as to interstate railroads are inadequate, an emergency four such cars are being held on that line traffic. exists requiring immediate action to at Tuckahoe, N.J., commencing with (e) Rules and regulations suspended: various dates between November 11,1970, promote car service in the interest of The operation of all rules and regula­ the public and the commerce of the and December 11,1970; that the Pennsyl­ tions, insofar as they conflict with the people. Accordingly, the Commission vania-Reading Seashore Lines has been provisions of this order, is hereby finds that notice and public procedure unable to secure authority from the suspended. are impracticable and contrary to the shipper to forward these cars to destina­ (f) Effective date: This order shall tion for unloading by the consignee; that public interest and that good cause ex­ become effective at 12:01 a.m., Janu­ ists for making this order effective upon the consignee named in the billing is un­ ary 26, 1971. less than 30 days’ notice. able to accept and unload these cars on (g) Expiration date: The provisions It is ordered, That: a current basis; and that these practices of this order shall expire at 11:59 p.m., prevent the use of the affected cars for February 13,1971, unless otherwise mod­ § 1033.1060 Service Order No. 1060. the transportation of products of other ified, changed, or suspended by order of (a) The Reading Co. shall unload cer­ shippers. Therefore, it is the opinion of this Commission. tain cars of beets held at Macungie, Pa. : the Commission that, because the exist­ (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, The Reading Co., its agents or em­ ing rules, regulations, and practices of 384, as amended; 49 U.S.C. 1, 12, 15, and ployees, shall unload the following cars the railroads are inadequate, and emer­ 17(2). Interprets or applies sec. 1(10-17), containing beets held at Macungie, Pa. gency exists requiring immediate action 15(4), and 17(2), 40 Stat. 101, as amended BAR 813 BAR 837 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and to promote car service in the interest of 17(2)) (b) The Reading Co., its agents or em­ the public and the commerce of the peo­ It is further ordered, That copies of ployees, shall complete the unloading of ple. Accordingly, the Commission finds this order shall be served upon the As­ each of the cars named in paragraph (a) that notice and public procedure are sociation of American Railroads, Car of this section not later than 11:59 p.m., impracticable and contrary to the public Service Division, as agent of the rail­ February 13,1971. interest and that good cause exists for roads subscribing to the car service and (c) The Reading Co., its agents or em­ ployees, shall notify the shipper and per diem agreement under the terms of R. D. Pfahler, Chairman, Railroad Serv­ 6 Commissioner Robert E. Lee abstaining that agreement, and upon the American Irona voting; Commissioner Johnson ooncur- ice Board, Interstate Commerce Commis­ rmg hi the result; Commissioner Houser not Short Line Railroad Association; and' sion, Washington, D.C., when it has com­ participating. that notice of this order shall be given pleted the unloading of each car. Such

FEDERAL REGISTER, V O L 36, NO. 20— FRIDAY, JANUARY 29, 1971 1418 RULES AND REGULATIONS notice shall specify when, where, and by (g) Expiration date: The provisions roads subscribing to the car service and whom such unloading was performed. of this order shall expire at 11:59 p.m., per diem agreement under the terms of (d) Application: The provisions of February 13,1971, unless otherwise modi­ that agreement, and upon the Ameri- this order shall apply to intrastate and fied, changed, or suspended by order of ican Short Line Railroad Association; foreign traffic, as well as to interstate this Commission. and that notice of this order shall be given to the general public by depositing traffic. (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, a copy in the Office of the Secretary of (e) Rules and regulations suspended: 384, as amended; 49 U.S.C. 1. 12, 15, and 17 (2). Interprets or applies Secs. 1(10-17), 15 the Commission at Washington, D.C., The operation of all rules and regula­ (4) , and 17(2), 40 Stat. 101, as amended 54 and by filing it with the Director, Office tions, insofar as they conflict with the Stat. 911; 49 U.S.C. 1(10-17), 15(4), and 17 of the Federal Register. provisions of this order, is hereby (2)) By the Commission, Railroad Service suspended. I t is further ordered, That copies of Board. (f ) Effective date: This order shall be­ this order shall be served upon the As­ [ s e a l ] R o bert L . O swald, come effective at 12: (11 a.m., January 26, sociation of American Railroads, Car Secretary. 1971. Service Division, as agent of the rail­ [PR Doc.71-1242 Filed l-28-71;8:48 am]

FEDERAL REGISTER, VOL 36, NO. 20— FRIDAY, JANUARY 29, 1971

/ 1419

Proposed Rule Making

Sec. partment as the appropriate agency for DEPARTMENT OF LABOR 30.17 Intimidatory of retaliatory acts. registering programs for Federal pur­ 30.18 Nondiscrimination. poses. Office, of the Secretary 30.19 Exemptions. (g) “ State apprenticeship program” [ 29 CFR Part 30 ] A u t h o r it y : The provisions of this Part 30 means a program registered with a State are issued under sec. 1, 50 Stat. 664, as Apprenticeship Council and evidenced by EQUAL EMPLOYMENT OPPORTUNITY amended; 29 U.S.C. 50; 40 U.S.C. 276c; 5 U.S.C. a Certificate of Registration or other ap­ 301; Reorganization Plan No. 14 of 1950, 64 IN APPRENTICESHIP AND TRAINING propriate document as meeting the Stat. 1267, 3 CFR 1949-53 Comp., p. 1007. standards of the State Apprenticeship Notice of Proposed Rule Making § 30.1 Scope and purpose. Council for apprenticeship. Part 30 of Title 29 of the Code of Fed­ This part sets forth policies and pro­ (h) “ State program sponsor” means eral Regulations was originally issued cedures to promote equality of opportu­ any person or organization operating a by the Secretary of Labor on Decem­ nity in apprenticeship programs regis­ State apprenticeship program, irrespec­ ber 13, 1963, 28 F.R. 13775. Approxi­ tered with the U.S. Department of Labor tive of whether such person or organiza­ mately 7 years of experience has shown or with State apprenticeship programs tion is an employer. some significant equal employment op­ registered with recognized State appren­ § 30.3 Equal opportunity standards. portunity progress in apprenticeship ticeship agencies. These policies and pro­ (a) Obligations of sponsors. Each programs. However, despite the fact that cedures apply to the recruitment and sponsor of an apprenticeship program there has been progress in some occupa­ selection of apprentices, and to all con­ shall: tions and in some geographical areas, ditions of employment and training, dur­ (1) Recruit, select, employ, and train there continues to be underutilization of ing apprenticeship; and the procedures apprentices during their apprenticeship, minorities in apprenticeship. The need established provide for review of appren­ without discrimination because of race, therefore exists for revision of these reg­ ticeship programs, for registering ap­ color, religion, national origin, or sex; ulations in order to sustain the progress prenticeship programs, for processing and which has been made, to correct the complaints, and for deregistering non­ (2) Uniformly apply rules and regula­ which exists, to meet underutilization complying apprenticeship programs. tions concerning apprentices, including this Department’s responsibilities for This part also provides policies and pro­ insuring that apprenticeship programs but not limited to, equality of wages, cedures for recognizing appropriate periodic advancement, promotion, as­ registered with the Department or with State agencies for registering apprentice­ signment of work, job performance, rota­ recognized State apprenticeship agencies ship programs for Federal purposes. The tion among all work processes of the provide equal opportunity for all Ameri­ purpose of this part is to promote equal­ trade, imposition of penalties or other cans, and to coordinate this part with ity of opportunity in apprenticeship by disciplinary action, and all other aspects equal opportunity programs. It is other prohibiting discrimination based on race, of the apprenticeship program adminis­ proposed to revise the provi­ therefore color, religion, national origin, or sex in tration by the program sponsor; and sions of 29 CFR Part 30 to read as set apprenticeship programs, by requiring (3) Take affirmative action to provide forth below. affirmative action to provide equal op­ equal opportunity in apprenticeship, in­ Interested persons may submit writ­ portunity in such apprenticeship pro­ cluding adoption of an affirmative ac­ grams, and by coordinating this part ten statements, data, views, or argument tion plan as required by this part. in regard to any or all of the policies or with other equal opportunity programs. (b) Equal opportunity pledge. Each procedures contained in this proposal by § 30.2 Definitions. sponsor of an apprenticeship program mailing them to the Secretary of Labor, (a) “Department” means the U.S. De­ shall include in its standards the follow­ U.S. Department of Labor, Constitution ing equal opportunity pledge: Avenue and 14th Street NW., Washing­ partment of Labor. ton, DC 20210 within 30 days after this (b ) ' “ Employer” means any person or The recruitment, selection, employment, and training of apprentices during their ap­ notice is published in the F ederal organization employing an apprentice prenticeship, shall be without discrimina­ Register. whether or not the apprentice is en­ rolled with such person or organization tion because of race, color, religion, national PART 30— EQUAL EMPLOYMENT OP­ origin, or sex. The sponsor will take affirma­ or with some other person or organiza­ tive action to provide equal opportunity in PORTUNITY IN APPRENTICESHIP tion. apprenticeship and will operate the appren­ AND TRAIN IN G (c) “Apprenticeship program” means ticeship program as required under Title 29 Sec. a program registered by the Department of the Code of Federal Regulations, Part 30. and evidenced by a Certificate of Regis­ 30.1 Scope and purpose. (c) Programs presently registered. tration as meeting the standards of the 30.2 Definitions. Each sponsor of a program registered 30.3 Equal opportunity standards. Department for apprenticeship, but does 30.4 with the Department as of the effective Affirmative action plans. not include a State apprenticeship date of this part shall within 9 months 30.5 Selection of apprentices. program. following that effective date take the 30.6 Existing lists of eligibles and public (d) “ Sponsor” means any person or notice. following action: 30.7 organization operating an apprentice­ Completion of approved preappren­ ship program, irrespective of whether (1) Include in the standards of its ticeship programs. apprenticeship program the equal oppor­ 30.8 Records. such person or organization is an 30.9 employer. tunity pledge prescribed by paragraph Compliance reviews. (b) of this section; and, 30.10 Noncompliance with Federal and (e) “ Secretary” means the Secretary State equal opportunity require­ of Labor, the Assistant Secretary of (2) Adopt an affirmative action plan ments. Labor for Manpower or any person spe­ required by § 30.4; and 30.11 Complaint procedure. 30.12 cifically designated by either of them. (3) Adopt a selection procedure re­ Adjustment in schedule for compli­ (f) “ State Apprenticeship Council” quired by § 30.5. A sponsor adopting a ance review or com plaint processing. selection method under § 30.5(b) (1), 30.13 Sanctions. means a State apprenticeship council or 30.14 Reinstatement of program registra­ other State agency in any of the 50 (2), or (3) shall prepare, and have avail­ tion. States, the District of Columbia, or any able for submission upon request, copies 30.15 State Apprenticeship Councils. territory or possession of the United of its amended standards, affirmative ac­ 30.16 Hearings. States, which is recognized by the De­ tion plans, and selection procedure. A

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 No. 20—pt, i----s 1420 PROPOSED RULE MAKING

sponsor adopting a selection method affirmative action program. The scope of prenticeship, shall be without discrimi­ under § 30.5(b) (4) shall submit to the the affirmative action program will de­ nation because of race, color, religion Department copies of its standards, af­ pend on all the circumstances including national origin, or sex; such as: General firmative action plan and selection pro­ the size and type of the program and its publication of apprenticeship opportuni­ cedure in accordance with the require­ resources. However, the sponsor will be ties and advantages in advertisements, ments of § 30.5(b) (4) (i) (a ). required to undertake a significant num­ industry reports, articles, etc.; use of (d) Sponsors seeking new registration. ber of appropriate activities in order to present minority apprentices and jour­ A sponsor of a program seeking new enable it to meet its obligations under neymen as recruiters; career counseling; registration with the Department shall this part. periodic auditing of affirmative action submit copies of its proposed standards, ( 1 ) Dissemination of information con­ programs and activities; and develop­ affirmative action plan, selection pro­ cerning the nature of apprenticeship, ment of reasonable procedures between cedures, and such other information as availability of apprenticeship opportuni­ the sponsor and employers of appren­ may be required. The program shall be ties, sources of apprenticeship applica­ tices to insure that equal employment registered if such standards, affirmative tions, and the equal opportunity policy opportunity is being granted including action plan, and selection procedure of the sponsor. Such information shall reporting systems, on site reviews, brief­ meet the requirements of this part. be disseminated at least 30 days in ad­ ing sessions, etc. The affirmative action (e) Programs subject to approved vance of the earliest date for application program shall set forth the specific steps equal employment opportunity plans. A for admission to the apprenticeship pro­ the program under this paragraph (c) sponsor shall not be required to adopt an gram and be given to the Department, sponsors intend to take, in the above affirmative action plan under §30.4 or a local schools, employment service offi­ areas. Whenever special circumstances selection procedure under §30.5 if it sub­ ces, community organizations which warrant, the Department may provide mits to the Department satisfactory evi­ oan effectively reach minority groups, such financial or other assistance as it dence that it is subject to an equal em­ and published in newspapers which are deems necessary to implement the above ployment opportunity program provid­ circulated in the minority community requirements. ing for the selection of apprentices and as well as the general areas in which (d) Goals and timetables. (1) A spon­ for affirmative action in apprenticeship the program sponsor operates. sor adopting a selection method under which has been approved as meeting the (2) Participate in annual workshops § 30.5(b) (1) or (2) which determined on requirements of title V II of the Civil conducted by employment service agen­ the basis of the analysis described in Rights Act of 1964 (42 U.S.C. 2000e et cies for the purpose of familiarizing paragraph (e) of this section that it has seq.) or Executive Order 11246, as school, employment service and other deficiencies in terms of underutilization amended (30 P.R. 12319, 32 F.R. 14303, appropriate personnel with the appren­ of minorities in the craft or crafts rep­ 34 P.R. 12986) and the implementing ticeship system and current opportuni­ resented by the program shall include in regulations published in Title 29 of the ties therein. its affirmative action plan percentage Cpde of Federal Regulations, Chapter (3) Cooperation with local school goals and timetables for the admission of XIV, and Title 41 of the Code of Federal boards and vocational education systems minority applicants into the eligibility Regulations, Chapter 60. to develop programs for preparing stu­ pool. (f) Program with fewer than five ap­ dents to meet the standards and criteria (2) A sponsor adopting a selection prentices. A sponsor of a program in required to qualify for entry into appren­ method under § 30.5(b) (3) or (4) which which fewer than five apprentices are ticeship programs. determines on the basis of the analysis indentured shall not be required to adopt (4) Internal communication of the described in paragraph (e) of this section an affirmative action plan under § 30.4 sponsor’s equal opportunity policy in that it has deficiencies in terms of the or a selection procedure under § 30.5. such a manner as to foster understand­ underutilization of minorities in the craft ing, acceptance, and support among the or crafts represented by the program § 30.4 Affirmative action plans. sponsor’s various officers, supervisors, shall include in its affirmative action plan (a) Adoption of affirmative action employees, and members and to encour­ percentage goals and timetables for the plans. A sponsor’s commitment to equal age such persons to take the necessary selection of minority applicants for the opportunity in recruitment, selection, action to aid the sponsor in meeting its apprenticeship program. employment, and training of appren­ obligations under this part. (3) “Underutilization” as used in this tices shall include the adoption of a writ­ ( 5 ) Engaging in programs such as out­ paragraph refers to the situation where ten affirmative action plan. reach for the positive recruitment and there are fewer minorities in the particu­ (b) Definition of affirmative action. preparation of potential applicants for lar craft or crafts represented by the pro­ Affirmative action is not mere passive apprenticeships; where appropriate and gram than would reasonably be expected nondiscrimination. It includes proce­ feasible, such programs shall provide for in view of an analysis of the specific fac­ dures, methods and program for the pretesting experience and training. I f no tors in subparagraphs (1) through (5) identification, positive recruitment, such programs are in existence, the spon­ in paragraph (e) of this section. Where, training, and motivation of present and sor shall seek to initiate these programs, on the basis of the analysis, the sponsor potential minority group apprentices. It or, when available, to obtain financial as­ determines that it has no deficiencies, no is action which will equalize opportunity sistance from the Department. In initi­ goals and timetables need be established. in apprenticeship so as to allow full utili­ ating and conducting these programs, However, where no goals and timetables zation of minority group manpower po­ the sponsor may be required to work are established, the affirmative action tential. The overall result to be sought is with other sponsors and appropriate program shall include a detailed expla­ equal opportunity ih apprenticeship for community organizations. nation why no goals and timetables have all individuals participating in or seeking (6) Utilization of journeymen to as­ been established. (4) Where the sponsor fails to entrance to the Nation’s labor force. sist in the implementation of the spon­ submit sor’s affirmative action program. goals and timetables as part of its (c) Outreach and positive recruit­ affirmative action plan or submits goals ment. An acceptable affirmative action (7) Granting advance standing or and timetables which are unacceptable, plan must also include adequate pro­ credit on the basis of previously acquired and the Department determines that the vision for outreach and positive recruit­ experience, training, skills, or aptitude sponsor has deficiencies in terms of un­ ment that would reasonably be expected for all applicants equally. derutilization of minorities within the to increase minority participation in ap­ (8) Admitting to apprenticeship per­ meaning of this section, the Department prenticeship by expanding the oppor­ sons whose age exceeds the maximum age shall establish goals and timetables tunity of minority persons to become for admission to the program, where such applicable to the sponsor for the admis­ eligible for apprenticeship selection. In action is necessary to assist the spon­ sion of minority applicants into the order to achieve these objectives, spon­ sor in achieving its affirmative action eligibility pool or selection of appren­ sors shall undertake activities such as obligations. tices, as appropriate. The sponsor shall those listed below. It is not contemplated (9) Such other action as to insure that make good faith efforts to attain these that each sponsor necessarily will in­ the recruitment, selection, employment, goals and timetables in accordance with clude all of the listed activities in its and training of apprentices during ap­ the requirements of this section.

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 PROPOSED RULE MAKING 1421

(e) Analysis to determine if defi­ paragraphs (1) through (4) of para­ gram. In determining such relationships, ciencies exist. The sponsor’s determina­ graph (b) of this section. the sponsor shall follow the procedures tion as to whether goals and timetables (b) Selection methods. The sponsorset forth in the Department’s testing shall be established, shall be based on shall adopt one of the following methods order of September 9, 1968. The require­ an analysis of at least the following for selecting apprentices: ments of this item (b) shall also be ap­ factors, which analysis shall be set forth (1) Selection on basis of rank fromplicable to aptitude tests utilized by a in writing as part of the affirmative pool of eligible applicants— (i) Selection. program sponsor which are adminis­ tered by a State employment service action program. A sponsor may select apprentices from (1) The minority population of the a pool of eligible applicants created in agency, a private employment agency, labor market area in which the program accordance with the requirements of sub­ or an other person, agency, or organiza­ tion engaged in the selection or evalua­ sponsor operates; division (iii) of this subparagraph on the (2) The size of the minority labor basis of the rank order of scores of ap­ tion of personnel. A national test de­ veloped and administered by a national force in the program sponsor’s labor plicants on one or more qualification joint apprenticeship committee will not market area; standards where there is a significant (3) The percentage of minority partic­ statistical and practical relationship be­ be approved by the Department unless ipation as apprentices in the particular tween rank order of scores and perform­ such test meets the requirements of this craft as compared with the percentage ance in the apprenticeship program. In subsection. of minorities in the labor force in the demonstrating such relationship, the (c) Educational attainments. All edu­ program sponsor’s labor market area; sponsor shall follow the procedures set cational attainments or achievements as (4) The percentage of minority par­ forth in the Department of Labor Order qualifications for admission to the pool ticipation as journeymen employed by of September 9, 1968 (33 F.R. 14392, shall be directly related to job perform­ the employer or employers participating Sept. 24, 1968), covering the validation ance, as shown by a significant statistical in the program as compared with the of employment tests of contractors and and practical relationship between the percentage of minorities in the sponsor’s subcontractors subject to the provision score, and the score required for ad­ labor market area and the extent to of Executive Order 11246, as amended. mission to the pool, and performance in the apprenticeship program. In demon­ which the sponsor should be expected to (ii) Requirements. The sponsor adopt­ correct any deficiencies through the ing this method of selecting apprentices strating such relationships, the sponsor achievement of goals and timetables for shall meet the requirements of subdivi­ shall meet the requirements of the De­ partment’s testing order of September 9, the selection of apprentices. sions (iii) through (vii) of this subpara­ (5) The general availability of minor­ graph. 1968. School records or the results of general education development teste ities with present or potential capacity (iii) Creation of pool of eligibles. A for apprenticeship in the program spon­ pool of eligibles shall be created from recognized by the State or local public instruction authority shall be evidence sor’s labor market area. applicants who meet the qualifications of (f) Establishment and attainment of minimum legal working age and the of educational achievement. Education requirements shall be applied uniformly goals and timetables. The goals and time­ sponsor’s minimum physical require­ tables shall be established on the basis ments; or from applicants who meet to all applicants. (iv) Oral interviews. Oral interviews of the sponsor’s analysis of its under­ qualification standards in addition to shall not be used as a qualification stand­ utilization of minorities and its entire minimum legal working age and the affirmative action program. In establish­ sponsor’s minimum physical require­ ard for admission into an eligibility pool. ing the goals, the sponsor should con­ ments: Provided, That any additional However, once an applicant is placed in sider the results which could be reason­ qualification standards conform with the the eligibility pool, and before he is ably expected from its good faith efforts following requirements: selected for apprenticeship from the pool, to make its overall affirmative action (a) Qualification standards. The qual­ he may be required to submit to an oral program work. Compliance with these ification standards, and the procedures interview. Oral interviews shall be lim­ requirements shall be determined by for determining such qualification ited only to such objective questions as whether the sponsor has met its goals standards, shall be stated in detail and may be required to determine the fitness within its timetable, or failing that, shall provide criteria for the specific fac­ of applicants to enter the apprenticeship whether it has made good faith efforts to tors and attributes to be considered in program, but shall not include questions meet its goals and timetables. Its “ good evaluating applicants for admission to relating to qualifications previously faith efforts” shall be judged by whether the pool. The score required under each determined in gaining entrance to the it is following its affirmative action pro­ qualification standard for admission to eligibility pool. When an oral interview gram and attempting to make it work, the pool shall also be specified. All is used, each interviewer shall record his including evaluation and changes in its qualification standards, and the score questions, the general nature of answers, program where necessary to obtain the required on any standard for admission and shall prepare a summary of any con­ maximum effectiveness toward the at­ to the pool, shall be directly related to clusions. Applicants rejected from the tainment of its goals. job performance, as shown by a signifi­ pool of eligibles on the basis of an oral (g) Data and. information. The Sec­ cant statistical and practical relation­ interview shall be given a written state­ retary of Labor, or a person or agency ship between the score on the standards, ment of such rejection, the reasons designated by him, shall make available and the score required for admission to therefor, and the appeal rights availa­ to program sponsors data and informa­ the pool, and performance in the ap­ ble to the applicant. tion on minority population and labor prenticeship program. In demonstrating (v) Notification of applicants. All ap­ force characteristics for each Standard such relationships, the sponsor shall fol­ plicants who meet the requirements for Metropolitan Statistical Area, and for low the procedures set forth in the De­ admission shall be notified and placed other special areas as shall be designated partment’s testing order of September 9, in the eligibility pool. The program spon­ by the Secretary. 1968. Qualifications shall be considered sor shall give each rejected applicant no­ as separately required so that the failure tice of his rejection including the reasons § 30.5 Selection o f apprentices. of an applicant to attain the specified for his rejection, the requirements for (a) Obligations: of sponsors. In addi­ score under a single qualification stand­ admission to the pool of eligibles, and tion to the development of a written ard shall disqualify the applicant from the appeal rights available to the ap­ affirmative action plan to insure that admission to the pool. plicant. minorities have an equal opportunity for (b) Aptitude tests. Any qualification (vi) Goals and timetables. The sponsor selection as apprentices and further to standard for admission to the pool con­ shall establish, where required by § 30.4 otherwise ensure the prompt achieve­ sisting of aptitude test scores shall be (d ), percentage goals and timetables for ment of full and equal opportunity"in directly related to job performance, as the admission of minority persons into apprenticeship, each sponsor shall fur­ shown by significant statistical and the pool of eligibles, in accordance with ther provide in its affirmative action practical relationships between the score the provisions of § 30.4 (d ), (e ), and (f). Program that the selection of appren­ on the aptitude tests, and the score re­ (vii) Compliance. A sponsor shall be tices shall be made under one of the quired for admission to the pool, and deemed to be in compliance with its com­ methods specified in the following sub- performance in the apprenticeship pro­ mitments under subdivision (vi) of this

FEDERAL REGISTER. VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 1422 PROPOSED RULE MAKING subparagraph if it meets its goals or prentices by means of any other method, § 30.6 Existing lists o f eligibles and pub­ timetables or if it makes a good faith including its present selection method: lic notice. effort to meet these goals and timetables. Provided, That the sponsor meets the A sponsor adopting a selection method In the event of the failure of the sponsor following requirements : under § 30.5(b) (1) or (2), and a sponsor to meet its goals and timetables, it shall (a) Selection method and goals andadopting a selection method under be given an opportunity to demonstrate timetables. Within 6 months of the ef­ § 30.5(b) (4) who determines that there that it has made every “good faith ef­ fective date of this part, the sponsor shall are fewer minorities on its existing lists fort” to meet its commitments (see submit to the Department a detailed of eligibles than would reasonably be ex­ § 30.4(f) ). All the actions of the sponsor statement of the selection method it pro­ pected in view of the analysis described shall be reviewed and evaluated in deter­ poses to use along with the rest of its in § 30.4(e) shall discard all existing mining whether such good faith efforts written affirmative action program in­ eligibility lists upon adoption of the have been made. cluding, where required by § 30.4(d), its selection methods required by this part. (2) Random selection from pool of eli­ percentage goals and timetables for the New eligibility pools shall be established gible applicants— (i) Selection. A spon­ selection of minority applicants for ap­ and lists of eligibility pools shall be sor may select apprentices from a pool prenticeship and its written analysis, posted at the sponsor’s place of business. of eligible applicants on a random basis. upon which such goals and timetables, or Sponsors shall establish a reasonable The method of random selection is sub­ lack thereof, are based. The establish­ period of not less than 2 weeks for ac­ ject to approval by the Department. Su­ ment of goals and timetables shall be in cepting applications for admission to an pervision of the random selection process accordance with the provisions of § 30.4 apprenticeship program. There shall be shall be by an impartial person or per­ (d), (e), and (f). The sponsor may not at least 30 days of public notice in ad­ sons selected by the sponsor, but not as­ implement any such selection method vance of the earliest date for application sociated with the administration of the until the Department has approved the for admission to the apprenticeship pro­ apprenticeship program. The time and selection method as meeting the require­ gram (see § 30.4(c) on affirmative ac­ place of the selection, and the number ments of item ib ) of this subdivision and tion with respect to dissemination of in­ of apprentices to be selected, shall be has approved the remainder of its affirm­ formation). Applicants who have been announced. The place of the selection ative action program including its goals placed in a pool of eligibles shall be re­ shall be open to all applicants and the and timetables. I f the Department fails tained on lists of eligibles subject to public. The names of apprentices drawn to act upon the selection method and the selection for a period of 2 years. Appli­ by this method shall be posted immedi­ affirmative action program within 30 cants may be removed from the list at ately following the selection at the pro­ days of its submission, the sponsor may an earlier daté by their request or fol­ gram sponsor’s place of business. implement the selection method on the lowing their failure to respond to an ap­ (ii) The sponsor adopting this method effective date of this part. prentice job opportunity given by regis­ of selecting apprentices shall meet the (5) Qualification standards. Appren­tered return receipt mail notice. Appli­ requirements of subdivisions (iii) tices shall be selected on the basis of cants who have been accepted in the through (v) of subparagraph (1) of this objective and specific qualification program shall be afforded a reasonable paragraph relating to the creation of standards. Examples of such standards period of time in light of the customs pool of eligibles, oral interviews, and as fair aptitude tests, school diplomas, and practices of the industry for report­ notification of applicants. age requirements, occupationally essen­ ing for work. All applicants shall be (iii) C}oals and timetables. The spon­ tial physical requirements, fair inter­ treated equally in determining such pe­ sor shall establish, where required by views, school grades, and previous work riod of time. It shall be the responsi­ § 30.4(d), percentage goals and time­ experience. Where interviews are used, bility of the applicant to keep the sponsor tables for the admission of minority per­ adequate records shall be kept includ­ informed of his current mailing address. sons into the pool of eligibles in accord­ ing a brief summary of each interview A sponsor may restore to the list of eligi­ ance with the provisions of § 30.4 (d ), and the conclusions on each of the spe­ bles an applicant who has been removed (e ), and (f ). cific factors, e.g., motivation, ambition, from the list at his request or who has and willingness to accept direction which (iv) Compliance. Determinations as to- failed to respond to an apprenticeship are part of the total judgment. the sponsor’s compliance with its obli­ job opportunity. gations under these regulations shall be (ii) Compliance. Determination as to the sponsor’s compliance with its obli­ § 30.7 Completion of approved pre­ in accordance with the provisions of sub­ apprenticeship programs. division (vii) of subparagraph (1) of this gations under these regulations shall be paragraph (b ). in accordance with the provisions of sub­ In order to encourage the establish­ division (vii) of subparagraph (1) of this ment and utilization of preapprentice­ (3) Selection from pool of current paragraph (b ). Where a sponsor, despite employees— (i) Selection. A sponsor may ship programs, a sponsor shall make ap­ its good faith efforts, fails to meet its propriate provision in its selection select apprentices from an eligibility pool goals and timetables within a reasonable method to assure that applicants who of the workers already employed by the period of time, the sponsor may be re­ program sponsor in a manner prescribed satisf actorily complete an approved pre­ quired to make appropriate changes in apprenticeship program in the trade will by a collective bargaining agreement its affirmative action program to the ex­ be afforded full opportunity for admis­ where such exists, or by the sponsor’s tent necessary to obtain maximum effec­ established promotion policy. The spon­ sion to the apprenticeship program. sor adopting this method of selecting tiveness towards the attainment of its goals. The sponsor may also be required § 30.8 Records. apprentices shall establish goals and to develop and adopt an alternative selec­ (a) Obligations of sponsors. Each timetables for the selection of minority tion method, including a method pre­ sponsor shall keep adequate records in­ apprentices, unless the sponsor con­ cluding a summary of the qualifications cludes, in accordance with the provisions scribed by the Department, where it is determined that the failure of the spon­ of each applicant, the basis for evalua­ of § 30.4 (d ), (e), and (f ) that it does sor to meet its goals is attributable in tion and for selection or rejection of each not have deficiencies in terms of under­ applicant, the records pertaining to in­ utilization of minorities in the appren­ substantial part to the selection method. Where the sponsor’s failure to meet its terviews of applicants, the original ap­ ticeship of journeymen crafts, repre­ plication for each applicant, information sented by the program. golas is attributable in substantial part to its use of a qualification standard relative to the operation of the appren­ (ii) Compliance. Determinations as to which has adversely affected the op­ ticeship program, including but not the sponsor’s compliance with its obliga­ portunities of minority persons for ap­ limited to job assignment, promotion, tions under these regulations shall be in prenticeship, the sponsor may be required demotion, layoff, or termination, rates of accordance with the provisions of sub­ to demostrate that such qualification pay, or other forms of compensation or division (vii) of subparagraph (1) of standard is directly related to job per­ conditions of work, and any other records this paragraph (b ). formance, in accordance with the pro­ pertinent to a determination of comph" (4) Alternative selection methods— visions of subparagraph (1) (iii) (a) of ance with these regulations, as may be (i) Selection. A sponsor may select ap- this paragraph. , . required by the Department. The records

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 PROPOSED RULE MAKING 1423 pertaining to individual applicants, case of sponsors seeking new registra­

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 1424 PROPOSED RULE MAKING

(2) I f within 15 days of the receipt of the matter to the Attorney General with State apprenticeship program unless the the notice provided for in subparagraph a recommendation for the institution by (1) of this paragraph the sponsor mails State program sponsor requests registra­ the Attorney General of a court action tion with the Department. Such registra­ a request for a hearing, the Secretary under title V II of the Civil Rights Act of shall convene a hearing in accordance tion may be granted contingent upon 1964, finding that the State apprenticeship with § 30.16. (5) Each State Apprenticeship Coun­ (3) The Secretary shall make a final program is operating in accordance with cil shall notify the Department of any the requirements of this part. decision on the basis of the record before State apprenticeship program deregis­ (6) A State Apprenticeship Council him, which shall consist of the compli­ tered by it. ance review file and other evidence pre­ whose recognition has been withdrawn (6) Any State apprenticeship pro­ pursuant to this part may have its recog­ sented and, if a hearing was conducted gram deregistered by a State Appren­ pursuant to § 30.16, the proposed findings nition reinstated upon presentation ol ticeship Council for noncompliance with adequate evidence to the Secretary that and recommended decision of the hearing requirements of this part may, within officer. In his discretion, the Secretary it has adopted and implemented a plan 15 days of the receipt of a notice of de- carrying out the equal opportunity re­ may allow the sponsor a reasonable time registration, appeal to the Department quirements of this part. to achieve voluntary corrective action. to set aside the determination of the I f the Secretary’s decision is that the State Apprenticeship Council. The De­ § 30.16 Hearings. apprenticeship program is not operating partment shall make its determination (a) Within 10 days of his receipt of in accordance with this part, the appren­ on the basis of the record. The Depart­ a request for a hearing, the Secretary ticeship program shall be deregistered. In ment may grant the State program shall designate a hearing officer. The each case in which deregistration is or­ sponsor, the State Apprenticeship Coun­ hearing officer shall give reasonable dered, the Secretary shall make public cil and the complainant(s), if any, the notice of such hearing by registered m^ii notice of the order and shall notify the opportunity to present oral or written return receipt requested, to the appro­ sponsor and the complainant, if any. argument. priate sponsor (Federal or State regis­ § 30.14 Reinstatement o f program reg­ (b) Withdrawal of recognition. (1) tered) , the State Apprenticeship Coun­ istration. Whenever the Department determines cil, or both, as the case may be. Such that reasonable cause exists to believe notice shall include (1) a reasonable Any apprenticeship program deregis­ that a State Apprenticeship Council has tered pursuant to this part may be rein­ time and place of hearing, (2) a state­ not adopted or implemented a plan in ment of the provisions of this part pur­ stated upon presentation of adequate accordance with the equal opportunity evidence to the Secretary that the ap­ suant to which the hearing is to be held, requirements of this part, it shall give and (3) a concise statement of the prenticeship program is operating in ac­ notice to such State Apprenticeship cordance with this part. matters pursuant to which the action Council and to appropriate State spon­ forming the basis of the hearing is pro­ § 30.15 State Apprenticeship Councils. sors of this determination, stating posed to be taken. (a) Adoption of consistent State plans.specifically wherein the State’s plan fails (b) The hearing officer shall regulate (1) The Department shall encourage to meet such requirements and that the the course of the hearing. Hearings shall State Apprenticeship Councils to adopt Department proposes to withdraw recog­ be informally conducted. Every party and implement the requirements of this nition for Federal purposes, from the shall have the right to counsel, and a part. State Apprenticeship Council unless fair opportunity to present his case in­ (2) Each State Apprenticeship Coun­ within 15 days of the receipt of the cluding such cross-examination as may cil which, prior to the effective date of notice, the State Apprenticeship Council be appropriate in the circumstances. this part had in operation a State equal complies with the provisions of this part Hearing officers shall make their pro­ opportunity plan, shall submit a new or mails a request for a hearing to the posed findings and recommended de­ Secretary. State plan within 6 months from the cisions to the Secretary upon the basis of effective date of this part. Such new (2) I f within 15 days of the receipt of the record before them. the notice provided for in subparagraph State plan shall, as a prerequisite to ap­ § 30.17 Intimidatory or retaliatory acts. proval by the Department, adopt and im­ (1) of this paragraph the State Ap­ plement the requirements of this part. prenticeship Council neither complies Any intimidation, threat, coercion, or The new State plan shall also require with the provisions of this part, nor mails retaliation by or with the approval of all State apprenticeship programs regis­ a request for a hearing, the Secretary any sponsor' against any person for the tered with the State Apprenticeship shall determine whether the State Ap­ purpose of interfering with any right or Council to comply with the requirements prenticeship Council has adopted or im­ privilege secured by title V II of the Civil of the new State plan within 1 year after plemented a plan in accordance with the Rights Act of 1964, Executive Order the effective date of this part. No State equal opportunity requirements of this 11246 of September 24, 1965, or because part. Apprenticeship Council shall continue to he has made a complaint, testified, as­ be recognized by the Department if it (3) If within 15 days of the receipt of sisted, or participated in any manner in has not adopted within 6 months after the notice provided for in subparagraph an investigation proceeding, or hearing the effective date of this part a plan im­ (1) of this paragraph the State Appren­ under this part shall be considered non- plementing the requirements of this part. ticeship Council mails a request for a compliance with the equal opportunity hearing, the Secretary shall proceed in standards of this part. The identity of (3) The Department retains authority accordance with § 30.16. complainants shall be kept confidential to conduct compliance reviews to deter­ (4) I f a hearing is conducted in accord­ except to the extent necessary to carry mine whether the State plan or any State ance, with § 30.16, the Secretary upon out the purposes of this part, includ­ apprenticeship program registered with receipt of the proposed findings and rec­ ing the conduct of any investigation, a State Apprenticeship Council is being ommended decision of the hearing officer hearing or judicial proceeding arising administered or operated in accordance shall make a final decision whether the therefrom. with this part. State Apprenticeship Council has (4) It shall be the responsibility of the adopted or implemented a plan in accord­ § 30.18 Nondiscrimination. State Apprenticeship Council to take the ance with the equal opportunity require­ The commitments contained in the necessary action to bring a noncomply­ ments of this part. sponsor’s affirmative action program are ing program into compliance with the (.5) I f the Secretary determines to not intended and shall not be used to State plan. In the event the State Ap­ withdraw recognition, for Federal pur­ discriminate against any qualified appli­ prenticeship Council fails to fulfill this poses, from the State Apprenticeship cant or apprentice on the basis of race, responsibility, the Secretary may with­ Council he shall notify the State Ap­ color, religion, national origin, or sex. draw the recognition for Federal pur­ prenticeship Council of this determina­ poses of any or all State apprenticeship tion. He shall also notify the State spon­ § 30.19 Exemptions. programs, in accordance with the pro­ sors that within 30 days of the receipt Requests for exemption from these cedures for deregistration of programs of the notice the Department shall cease regulations, or any part thereof, shall be registered by the Department, or refer to recognize, for Federal purposes, each made in writing to the Secretary, and

FEDERAL REGISTER, V O L 36, NO. 20— FRIDAY, JANUARY 29, 1971 PROPOSED RULE MAKING 1425 shall contain a statement of reasons bandwidth for common carrier use of (b) I f there is to be a channeling supporting the request. Exemptions may the band to 10 MHz. Such action was plan, is there merit in channeling on the be granted for good cause. taken to enable the band to be used for basis of the narrowest known require­ omnidirectional relay of closed circuit ment and authorizing multiple channels Effective date. This part shall be effec­ television signals by common carriers. to meet wider bandwidth needs; and tive [upon publication in the F ederal Interest has been generated for this use (c) What changes, if any, are required Register]. and it would be inappropriate to take an in the technical standards presently ap­ Signed at Washington, D.C., this 25th action which would preclude or severely plicable to the stations concerned herein? day of January 1971. hamper a new service before it had a Microwave equipment manufacturers in chance to be developed. However, we be­ J. D. H o d g so n , particular are requested to comment on Secretary of Labor. lieve that some shared use with the rela­ the technical and practical aspects of tively narrow bandwidth of aural STL producing equipment capable of provid­ [PR Doc. 71-1227 Filed 1-28-71;8:47 am] stations can be accomplished without ing these functions within lesser band- foreclosing the possibility of video usage widths. Comments are also requested as in most metropolitan areas. Specifically, to the experience of microwave users of comments are invited as to whether or bands that are not channelized. FEDERAL COMMUNICATIONS not the applicant for an aural STL sta­ 7. The third matter of concern re­ tion should be required, to demonstrate ferred to in paragraph 2 above is the COMMISSION by a special showing that his operation in reaccommodation of presently licensed the band 947-952 MHz would result in [ 47 CFR Parts 2, 74 1 broadcast auxiliary stations in the band harmful interference to or from exist­ 942-947 MHz which, effective July 10, [Docket No. 19130; FCC 71-56] ing users before he has access to the 1970, was reallocated to the land mobile band 2150-2160 MHz. Furthermore, upon service. Inasmuch as “ private” land AURAL BROADCAST STL OPERATIONS, whatever basis the STL is authorized in INTERCITY RELAY STATIONS, AND mobile systems are not expected to de­ the band 2150-2160 MHz we propose velop to any significant degree in this CERTAIN LOW POWER BROADCAST that, in the coordination process, the part of the spectrum for some years, STL operation would be assigned fre­ AUXILIARY STATIONS there is no immediate pressure to clear quencies as close as possible to the up­ this band of existing users. Therefore, Notice of Proposed Rule Making and per or lower limits of the band in order we propose to amend footnote NG64 so Notice of Inquiry to preclude fragmentation of the band that broadcast auxiliary stations hold­ to the detriment of those with a wide­ In the matter of amendment of Parts 2 ing a valid license in the band 942-947 band requirement. Such limitations could and 74 to permit Aural Broadcast STL MHz as of July 10, 1970, would be per­ operations in the band 2150-2160 MHz supply STL relief where it is most needed without unduly restricting shared mitted to continue to operate on their and to accommodate STL, Intercity Re­ presently authorized frequencies without lay Stations and certain low power use by common carriers and private users in the operational fixed service. interference from the land mobile service broadcast auxiliary stations within the for the duration of their current license frequency band 947-952 MHz. 4. It is proposed also that the band 947-952 MHz be limited to AM and FM periods. Such licenses could subsequently 1. On May 20, 1970, the Commission be renewed but only on the condition that adopted a first report and order and broadcasting licensees and that § 74.603 (b ), which permits the transmission of each such station will thereafter be on a second notice of inquiry in Docket No. secondary basis with respect to the land 18262 which, among other things, ordered the aural portion of TV program ma­ terial in this band, be deleted. The trans­ mobile service. In other words, they a reduction in the band available for use would no longer be protected from the by the above captioned stations from mission of such material would be con­ fined to those TV STL frequencies set land mobile service but instead would be 942-952 MHz to 947-952 MHz and re­ required to protect the land mobile serv­ allocated the lower 5 MHz to the land forth in § 74.602. Present TV licensees operating in the band 947-952 MHz, how­ ice from harmful interference. Further, mobile service.1 Aural Broadcast STL and they would not be permitted by their intercity relay stations are authorized ever, would be permitted to continue such operations. presence to inhibit the normal growth of under Subpart E, Part 74 and the low the land mobile service in the area power broadcast auxiliary stations con- 5. The frequency band 2150-2160 MHz is now allocated to both common carrier concerned. - cemed are authorized under § 74.437 8. We will accept no applications for (c) and (e) of Subpart D. Collectively, and private fixed services generally, for omnidirectional use. Footnote NG45, as new facilities in the band 942-947 MHz these stations shall be referred to here­ under Part 74 of the rules. Applications inafter as broadcast auxiliary stations. now written, precludes broadcast and accepted prior to July 10, 1970, will be 2. In taking the aforementioned action auxiliary broadcast station use of the processed in the normal manner and we in Docket No. 18262, the Commission rec­ band. It is proposed to modify that foot­ will continue to accept applications for ognized that while the band is lightly note and other appropriate sections of used at present, some congestion has de­ the rules to permit the limited Aural renewals, for modifications, and for the veloped in the Los Angeles area and may STL access described in paragraph 3 licensing of stations authorized for con­ develop in one or more other local areas. above. It is not proposed to grant access struction prior to July 10, 1970. Appli­ It therefore stated its intention in that to intercity relay stations or low power cations accepted subsequent to July 10, document to: (1) Initiate the instant broadcast auxiliary functions presently 1970, will be accommodated in the band rulemaking with respect to additional permitted on a secondary basis in the 947-952 MHz on the basis of the current spectrum space for aural broadcast band 947-952 MHz. channeling plan, during the pendency studio transmitter links in the band 6. With regard to the second item in of this proceeding. 2150-2160 MHz (footnote 1, page 2 ); (2) paragraph 2 above, comments are invited 9. As set forth below it is proposed to examine the STL channelling in the band on the following points, with a view to­ amend Part 2 of the rules by deleting 947-952 MHz; and (3) determine the ward the more efficient utilization of the footnote NG45, by amending footnote disposition of existing broadcast auxil­ band 947-952 MHz: NG64, and by introducing a new foot­ iary stations in the band 942-947 MHz. (a) Being of the view that the present note NG----- , specifying the new condi­ 3. With regard to the frequency band channelling calling for 500 kHz separa­ tions under which the band 2150-2160 2150-2160 MHz, by memorandum opinion tion between assignable frequencies may MHz will be used. aud order released July 31, 1970, the be reduced, we solicit comments pro and 10. Specific changes to Part 74 of the Commission increased the authorized con with respect to the desirability or rules are not suggested herein. However, it is the Commission’s intention to necessity of maintaining any specific develop such changes, based primarily Several parties filed comments in opposi- channelling (e.g.; the emission bandwidth on to decisions in th e first report and order, on the comments filed in response to ^ t ’ kowever, -was directed specifically to of standard broadcasting stations must this and/or subsequent actions in this the STL matter. not exceed 30 k H z); proceeding.

FEDERAL REGISTER, V O L 36, NO. 20— FRIDAY, JANUARY 29, 1971 1426 PROPOSED RULE MAKING

11. Authority for the proposals set 1. Further notice of proposed rule miles to the Little Falls reference point forth herein is contained in sections making is hereby given in the above- and only about 14.3 miles from the Au- 4(i) and 303 of the Communications Act captioned matter concerning Glen Ridge, thority’s planned Channel 50 site. Chan­ of 1934, as amended. N.J. nel 50 would, however, meet aù other 12. Pursuant to applicable procedures 2. In the first report and order adopted spacing and technical requirements for set forth in § 1.415 of the Commission’s today in this proceeding (FCC 71-62), assignment and use at Little Falls. rules, interested parties may file com­ the Commission amended the television 5. This assignment proposal presents ments on or before March 2, 1971, and Table of Assignments for Glen Ridge, a difficult case for decision. The Com­ reply comments on or before March 12, N.J., by deleting Channel *77, its' one mission has not heretofore relaxed the 1971. All relevant and timely comments assignment, the only channel reserved UHF intermodulation taboo in order to and reply comments will be considered by for noncommercial educational television permit an assignment or its use, and we the Commission before taking final action (ETV) use in northern New Jersey, and believe that, in the interest of maintain­ in this proceeding. In reaching its de­ for which an application was pending, ing stability in our allocation policies and cision in this proceeding, the Commission filed by the New Jersey Public Broad­ in insuring adequate protection to the may also take into account other rele­ casting Authority (Authority) on Febru­ public and stations from interference vant information before it, in addition ary 18, 1970 (BPET-363), for proposed caused by intermodulation, we should to the specific comments invited by this use at Montclair, N.J., as the northern continue to apply this “safety” taboo to notice. link in the statewide network it is ac­ all stations, at least until such time as 13. In accordance with the provisions tively planning to construct and operate. our réévaluation of the UHF taboos, of § 1.419 of the Commission’s rules, an This action was necessitated in the pub­ which has begun, shows what relaxation, original and 14 copies of all written lic interest by our decision in the land if any, would be feasible. But, as we said comments, replies, statements or briefs mobile-UHF allocation proceeding in in the first report and order herein, this shall be furnished the Commission. Docket No. 18262 in which, among other réévaluation will take time, and the case things, UHF television spectrum space Adopted: January 20,1971. for relaxing the UHF intermodulation (Channels 70-83, 806-890 MHz) was taboo to the extent necessary to permit Released: January 25, 1971. permanently reallocated for land mobile the assignment and ETV use of Channel use.1 The first report and order also ex­ 50 at Little Falls at this time appears F ederal C ommunications pressed our intention to institute a fur­ C o m m is s io n ,* unusually strong and compelling. ther rule making proceeding , herein, to 6. First, we are reasonably satisfied by [ s e a l I B e n F. W a p l e , examine a proposal made by the Author­ Secretary. our studies that the relaxation required ity in a petition for rule making filed would not create a significant intermod­ In § 2.106, the frequency band 2150- simultaneously with its comments in this ulation interference problem and would 2160 MHz is changed in column 7 by proceeding. be feasible. In considering the channels deleting footnote indicator NG45 and 3. The proposal of the Authority upon that might be received in the Little Falls, replacing it with footnote indicator which comments are invited would as­ N.J., New York area,2 we found only two NO ____ sign Channel 50 to Little Falls, N.J., as a channels that might provide a usable Delete Footnote NG45, amend Foot­ replacement for the deleted ETV Chan­ signal in the potential interference note NG64, and add new footnote nel 77 Glen Ridge assignment. Little area— Channel 43, Bridgeport, Conn., NG-----, reading as follows: Falls, a town with a 1960 population of occupied by off-the-air Station WFTT, 9,730 persons, is located in Passaic and unused Channel 54, Poughkeepsie, NO ------Authorizations in this frequency County, in close proximity to Glen Ridge band wiU be granted for omnidirectional N.Y. Since both channels are approxi­ point-to-point operations only, excluding and Montclair; the location of a portion mately 55 miles from the potential in­ broadcast and auxiliary broadcast opera­ of the Montclair State College campus, terference area, their signal intensities tions. Exceptionally, however, and upon a and the planned location for the trans­ would likely be too low for satisfactory showing that the operation cannot be ac­ mitting facilities of the ETV station reception in that area or to create an commodated in the frequency band 947-952 which the Authority plans to establish MHz, aural STL stations may also be author­ interference problem from intermodula­ to provide local and network educational tion products of any magnitude. Also ized in this band. Such STL stations shall service to this northern New Jersey area. employ directional antennas and utilize fre­ since neither the Authority nor the quencies which are as close as practicable to 4. To permit the assignment and use Channel 47 licensee are proposing to op­ the upper or lower limit of the band. of Channel 50 at Little Falls, the Au­ erate with maximum power at this time, NG64 Broadcast auxiliary stations oper­ thority also requests a waiver of the UHF the possibility of interference resulting ating under a valid license as of July 10, intermodulation taboo, § 73.610(d) of the from the requested waiver of the separ­ 1970, in the band 942-947 MHz may continue rules. This would be required since the ation requirements for the intermodula­ to so operate for the duration of their li­ Little Falls reference point, as well as censes on frequencies authorized therein tion taboo is further reduced. There is, the Authority’s planned Little Falls of course, always the possibility that the without interference from the land mobile transmitter site for an ETV Channel 50 service. Such licenses may subsequently be licensee of either channel may wish to renewed but only on a secondary basis with station, is less than the 20-mile separa­ increase power at some time. In that respect to the land mobile service. tion required by the intermodulation event, we would again consider the situa­ taboo from the transmitter site for the [FR Doc.71-1261 Filed 1-28-71:8:50 am] tion at that time. It does not appear, Channel 47 station (Station WNJU-TV, however, that the possibility of interfer­ Linden, N.J.) on the Empire State Build­ ence from intermodulation would be suf­ [ 47 CFR Part 73 1 ing, New York City. The Little Falls ref­ ficiently great to make the use of even erence point is a distance of only about maximum power on either channel pro­ [Docket No. 18862; FCO 71-631 15.8 miles from the Empire State Build­ hibitive at present or presently contem­ TELEVISION BROADCAST STATIONS ing and the Authority’s contemplated plated sites for Channel 50 and Channel Little Falls Channel 50 transmitter site 47 operations. Table of Assignments; Glen Ridge, only about 13.7 miles from the Empire 7. Second, it appears from the Author­ N.J.; Further Notice of Proposed State Building. Also, the new World ity’s showing that both it and the Chan­ Rule Making Trade Center Building, to which it ap­ nel 47 licensee, Screen Gems Broad­ casting Corp., are agreeable to the use In the matter of amendment of pears that the Channel 47 licensee con­ templates moving the transmitting fa­ of Channel 50 at Little Falls under con­ § 73.606(b), Table of Assignments, Tele­ ditions that will not hamper full and vision Broadcast Stations (Glen Ridge, cilities for Station W NJU-TV when that structure is completed, is only about 16.3 N.J., and Bowling Green and Toledo, * For this intermodulation study, the third Ohio). channel above Channel 50, plus and minus 1See first report and order and second one (Channels 52, 53, 54), and the third notice of inquiry, adopted May 20, 1970, in * Commissioner Houser not participating. Dooket No. 16262, FCC 70-519, 35 F JR. 8644.

FEDERAL REGISTER, VOL. 36# NO. 20— FRIDAY, JANUARY 29, 1971 PROPOSED RULE MAKING 1427 effective use of either channel. In sup­ 12. Pursuant to applicable procedures South Dakota, there are vast areas in the set out in § 1.415 of the Commission’s south central and north central portions of port of its proposal, the Authority has the State that still cannot be reached by filed copies of correspondence exchanged rules, interested persons may file com­ the network with a signal of acceptable with Screen Gems which indicates that ments on or before March 2, 1971, and quality. To further the statewide plan, Screen Gems would interpose no objec­ reply comments on or before March 12, therefore, requires the establishment of ad­ tion to a Channel 50 operation at the 1971. All submissions by parties to this ditional transmitting facilities in these here­ Little Falls transmitter site planned for proceeding or persons acting in behalf of tofore inaccessible portions of the State so a Channel 50 operation by the Author­ such parties must be made in written as to assure the distribution of educational television throughout South Dakota. ity and that neither party would object comments, reply comments or other ap­ to the use of maximum power by the propriate pleadings. In brief, the choice of Lowry in north Channel 50 station or by Station WNJU- 13. In accordance with the provisions central South Dakota and Martin in TV at either its present transmitter site of § 1.419 of the rules, an original and south central South Dakota as communi­ or at the World Trade Center Building. 14 copies of all comments, replies, plead­ ties for television assignments is based 8. Third, there appears no other chan­ ings, briefs, and other documents shall not on the size of their populations but nel which could be assigned to this be furnished the Commission. on their geographic location and the northern New Jersey area at this time to Adopted: January 20,1971. need of their surrounding regions for replace Channel 77 which would involve educational television service.1 Lowry is fewer problems than the assignment of Released: January 25,1971. located in Walworth County, respective Channel 50. Because of the crowded na­ F ederal C ommunications populations, 35 and 7,842. Martin, popu­ ture of the UHF assignment picture in C o m m is s io n ,3 lation 1,248, is located in Bennett County the northeast, there are no available [ s e a l ] B e n F. W a p l e , with its population of 3,088. Neither com­ channels meeting spacing requirements Secretary, munity has any television assignment.2 which could be assigned in northern New 3. Petitioner indicates the above popu­ Jersey, and our studies of channel re­ [FR Doc.71-1258 Filed 1-28-71:8:50 am] lation statistics in presenting the needs placement possibilities for the Channel of the State for additional educational 77 Glen Ridge assignment indicate that [ 47 CFR Part 73 1 service— all other possibilities would pose more in many areas the population is relatively [Docket No. 19138; FCC 71-60] problems than would Channel 50. sparse and the economy is rural in nature, 9. Fourth, and most important, we feel TELEVISION BROADCAST STATIONS so that these areas cannot provide the sub­ called upon, in the public interest and stantial tax resources which are found in in furtherance of our educational and Table of Assignments; Lowry and heavily populated, more industrialized areas. UHF television goals, to provide the Martin, S. Dak.; Notice of Proposed In the sparsely populated areas, local State of New Jersey with an alternate school curriculae must be supplemented by Rule Making educational television broadcasting which means for implementing the plans which would provide both in-school instruction at it, through the Authority, has been ac­ In the matter of amendment of all school levels (particularly in science and tively pursuing for establishing a first § 73.606, Table of Assignments, Televi­ mathematics) and in-service teacher train­ local and network educational service in sion Broadcast Stations. (Lowry and ing. In addition,v specialized and professional northern New Jersey on Channel 77, and Martin, S. Dak.), RM-1651. instruction for teaçhers and adult education which had reached the application stage 1. On July 6, 1970, the South Dakota programs also rely heavily upon educational prior to our decision in Docket No. 18262. State Board of Directors for Educational television to supplement the limited local Television (State Board) filed a brief pe­ resources. Moreover, the educational network We are especially desirous of doing so provides the cultural advantages generally since it is as a consequence of our real- tition with this Commission requesting available only in metropolitan areas (con­ location of television Channel 70-83 to the assignment of Channels *11 to certs, live drama, etc.), and inaccessible to meet the needs of the land mobile serv­ Lowry, and *8 to Martin, both in South those living in the widely distributed rural ices that these plans have been disrupted. Dakota, and their reservation for non­ areas of the State. commercial educational use. No opposi­ 10. We are persuaded that the fore­ The State Board concludes its request tions were filed. going considerations, taken together, for the assignment of Channel *11 to may make this an exceptional case war­ 2. The State Board is a South Dakota Lowry and Channel *8 to Martin along ranting relaxation of the UHF inter­ governmental agency created during the with its presentation of the above facts modulation taboo to the extent necessary 1965 session of the South Dakota Legis­ by stating: to permit the assignment and use of lature for the express purpose of promot­ Channel 50 at Little Falls at less than ing and supporting a statewide educa­ * * * It seems clear that such allocations the 20-mile separation required from the tional television network. According to are manifestly in the public interest and would conform with the Commission’s man­ transmitter site of Station WNJU-TV, the petition, at the present time it pro­ date in section 303(g) of the Communica­ Channel 47, Linden, N.J., on the Empire vides or expects to provide educational tions Act to “generally encourage larger and State Building. Accordingly, comments service to the citizenry of South Dakota more effective use of radio in the public are invited on the following proposed through the following television stations interest” * * *. change in the television Table of As­ in the State: Vermillion, KUSD-TV, li­ 4. In view of the above presentation as signments, § 73.606(b) of the rules: censed to the University of South Da­ kota; Brookings, KESD-TV, licensed to well as the facts; that there is no oppos­ ing parties; that the requested assign­ Channel No. South Dakota State University; Rapid City ments can be made in full compliance City, KBHE-TV, licensed to the State with our minimum mileage separation Present Proposed Board; and Pierre, KTSD-TV, CP held by the State Board. The pleadings also requirements; that no other assignments tittle Falls, N J. need be disturbed; and that the State indicate that the State Board has appli­ Board has expressed its intention to cations pending for Channel *16 at Comments are also invited on the mat- Aberdeen (BPET-363) and Channel *13 apply for and promptly activate the ]*[ of waiving the UHF intermodulation at Eagle Butte (BPET-346). In respect channels on their assignment; we are of the view that it is in the public interest taboo, § 73.610(d) of the rules, to permit to this educational network petitioner to institute this rule making proceeding “?e assignment an<* u se C h a n n e l 50 states at Little Falls at less than the 20-mile in order to propose the following assign­ * * * Although there are six educational ments: separation required from the WNJU-TV television broadcast facilities already in op­ transmitter site. eration, under construction or applied for in 11. Authority for the adoption of the 1 Petitioner states that neither station will be a production center for the network, but mendments and action proposed herein 3 Commissioner Robert E. Lee abstaining will instead, be a transmitting and distri­ » contained in sections 4 (i), 303 (g) and from voting; Commissioner Johnson concur­ bution center for the network’s programing. r) and 307 (b) of the Communications ring in the result; Commissioner Houser not 2 Population statistics are from the 1970 ct 1934, as amended. participating. U.S. Census.

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 No. 20—Pt. I----- 4 1428 PROPOSED RULE MAKING

erating educational stations in Ohio are Channel No. 4. We turn now to the Alliance pro­ City ------affiliated with the Network Commission.*. posal. As already noted, the Network Present Proposed One of the objectives of the overall legis­ Commission here proposes that Channel lation and the OETNC’s primary func­ 45, presently assigned to Youngstown, Low ry, S. Dak______*—11 tions is to provide at least one educa­ be reallocated to Alliance and reserved Martin, 8. Dak______*—8 tional television service to each person for educational noncommercial use.* in Ohio, and, as especially relevant to Petitioner contends that the reallocation 5. Authority for the action proposed the instant proceeding, to aid the Ohio and ETV reservation are necessary to herein, is contained in sections 4 (i), 303, Board of Regents in the distribution of provide a wide-area educational service and 307 (b) of the Communications Act of almost $5.5 million appropriated for ETV in the northeast portion of Ohio. As per­ 1934, as amended. use during the current fiscal period. The haps relevant, OETNC’s proposed station 6. Pursuant to applicable procedures overall plan calls for extending network would provide principal city grade sen- set out in § 1.415 of the Commission’s operational facilities of the network dis­ ice to Youngstown, Akron, Kent, Canton, rules and regulations interested parties tribution center at Columbus and acti­ and many other cities. It is contemplated may file comments on or before March 2, vate five facilities, that is, apply for the that after the application is granted a 1971, and reply comments on or before channels at Dayton, Portsmouth, Alli­ consortium representing Youngstown March 12, 1971. All submissions by ance, “Bryan”, and “ Woodsfield” . The State University, Kent State University, parties to this proceeding, or persons act­ Educational Network Commission has and the University of Akron will operate ing on behalf of such parties must be applied for construction permits for the station.1 The proposed reallocation made in written comments, reply com­ Channel *42 at Portsmouth (BPET-370) complies with all mileage separations ments, or other appropriate pleadings. and Channel *45 at Dayton (BPET-399). under our rules. 7. In accordance with the provisions of As a necessary preliminary to the latter 5. From the foregoing, it would appear § 1.419 of the Commission’s rules and three applications, which already have that the proposals of the Ohio Educa­ regulations, an original and 14 copies of been filed, this rule making is essential tional Television Network Commission, all written comments, reply comments, in order to : as modified by our comments as to the pleadings, briefs, or other documents, (a) Reallocate Channel 45 from cities of assignment for the Cambridge shall be furnished the Commission. Youngstown to Alliance and reserve it; and Bowling Green proposals, would Adopted: January 20,1971. (b) Reallocate Channel *27 from serve the public interest, convenience Bryan to Bowling Green-Lima; and Released: January 25,1971. and necessity. Accordingly, we are adopt­ (c) Redesignate the place of assign­ ing this notice of proposed rule making. ment of Channel *44 from Woodsfield to F ederal C ommunications 6. In view of the foregoing, and pur­ Cambridge-Woodsfield. C o m m is s io n ,* suant to authority contained in sections 3. Both the Lima-Bowlipg Green and [ s e a l ] B e n F . W a p l e , 4 (i), 303(r), and 307(b) of the Com­ Secretary. Cambridge-Woodsfield proposals are munications Act of 1934, as amended, predicated on use at sites removed from [P R Doc.71-1259 Piled 1-28-71:8:50 am] comments are invited as to amending the the borders of the State of Ohio where Television Table of Assignments better service could be provided to Ohio (§ 73.606(b) of the rules) as concerns [ 47 CFR Part 73 ] proper. Thus, in the case of Cambridge- Woodsfield, a transmitter site north and the cities named, to read as follows: [Docket No. 19139; PCC 71-61] west of Woodsfield in the Cambridge area is contemplated and, indeed, OETNC Channel No. TELEVISION BROADCAST STATIONS C ity has applied for construction at a site 16 Present Proposed Table of Assignments; Certain Stations miles northeast of Cambridge roughly in Ohio; Notice of Proposed Rule 25 miles from Woodsfield. As for the Bryan, Ohio.'...... *27 Bryan channel, OETNC has applied for a Bowling Green, Ohio—. i *70 ♦27, *7» Making Woodsfield, O h io...... *44 site 41 miles southeast of Bryan and Cambridge, Ohio...... *44 In the matter of amendment of § 73.606 roughly 29 miles northeast of Lima and Youngstown, Ohio____ . . 21,27,33,45, *58 21,27,33,*» (b ), Table of Assignments, Television 21 miles southwest of Bowling Green. Alliance, Ohio...... *4« Broadcast Stations. (Alliance, Bowling With respect to both, it appears that Green, and Cambridge, O hio), RM-1653. from a technical standpoint the pro­ * In Docket No. 18862, there is pending a proposal to substitute Channel *40 for *70 which requires the simul­ 1. Notice of proposed rule making is posed reallocations comport with the taneous deletion of Channel 54 from Toledo. This change hereby given concerning a proposal to requirements of the Commission’s rules. was proposed because of the land mobile proceeding amend the Television Table of Assign­ However, the Commission does not favor (Docket No. 18262). ments (§ 73.606(b) of the rules) with the proposed hyphenated assignments. 7. Pursuant to applicable procedures respect to various communities in Ohio. In this report, while not dispositive, set out in § 1.415 of the Commission’s All the changes were proposed in the OETNC’s applications respectively re­ rules, interested persons may file com­ petition for rule making of the Ohio quest cities of license as Cambridge ments on or before February 23, 1971, Educational Television Network Com­ and Bowling Green. As to Channel *27, and reply comments on or before mission, filed July 8,1970. the proposed facility would not pro­ 2. The Ohio Educational Television vide principal city grade service over Network Commission1 is a permanent all of Lima as required by § 73.685 * When this petition was filed, pending were State agency created by the act of Youngstown State University’s application of the rules. In the circumstances, we for Youngstown’s Channel 45 (BPCT-4221) the General Assembly of the State of believe that it would be more appropriate Ohio to own and operate, contract to and its petition to reserve the channel for to designate Bowling Green as the city ETV use (RM—1337); and Kent State Uni­ provide transmission and interconnec­ versity’s petition to reallocate Channel 45 tion facilities, and take other steps of assignment. While the proposed Chan­ to Kent and designate for ETV use (RM- for a statewide educational network nel *44 facility would also provide 1229). These and Kent State University s and distribute educational programs Woodsfield with principal city grade application for Akron Channel *49 (BPET- throughout that network. See Chapter service, we believe that it is best to make 129) have been withdrawn. * While the Educational Network Commis­ 3353 of the Ohio Code. The OETNC the assignment to the nearer community, sion is thq^applicant for five stations, it is has been authorized to help plan for Cambridge. contemplated that each would be licensed to expansion of educational television in an educational organization or group. The Portsmouth station would be licensed to Ohio the State of Ohio. Seven of the eight op- 2They are: Station WOUB-TV, Athena; State University; Cambridge would be li­ WBGU-TV, Bowling Green; WCET-TV, Cin­ censed to Ohio University; the Bowling Green cinnati; WOSU-TV, Columbus; WGSP, station would be licensed to Bowling Green 3 Commissioner Houser not participating. Newark; WMUB-TV, Oxford; and WGTE-TV, University; and the Dayton station would be 1 Referred to hereinafter at times as the Toledo. Station W V IZ-T V , Cleveland, is the licensed and operated by another consortium r‘OETNC,'' “Network Commission,” or “Edu­ only ETV station in the State of Ohio not (Miami University, Wright State University, cational Network Commission.” presently associated with the OETNC. and Central State University).

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 PROPOSED RULE MAKING 1429

March 2,1971. All submissions by parties which, in the main, opposed the ACT v. Sullivan, 376 U.S. 254 (1964). Also to this proceeding or persons acting on proposals.1 ACT filed a ' detailed reply cited, in support of the arguments con­ behalf of such parties must be made in statement together with two statistical cerning the limitations on the Commis­ written comments, reply comments or exhibits. sion’s role in the program selection other appropriate pleadings. 4. The letters filed in support of the process, are past Commission pronounce­ 8 In accordance with the provisions ACT proposal contained, for the most ments such as the 1960 Program Policy of § 1.419 of the rules, an original and part, general expressions of support for Statement2 and Butte Broadcasting 14 copies of all comments, replies, plead­ better programming and less “hard sell” Company, Inc., 22 F.C.C. 2d 7 (1970). ings, briefs, and other documents shall advertising on children’s programs. The 7. We recognize the importance and be furnished the Commission. 20 or so letters opposing the ACT re­ significance of these pronouncements quest rest mainly on the contention that and the concepts expressed in them. It Adopted: January 20,1971. parents should exercise proper control may be that, ultimately, we will conclude Released: January 25,1971. over their children’s choice of programs. that they substantially limit otherwise 5. The most lengthy pleadings in op­ appropriate Commission action in this F ederal C ommunications position to ACT’s proposals will be dealt area. But it is also apparent that there C o m m is s io n ,5 with in summary. The first of the most are high public interest considerations [ seal] B e n F. W a p l e , basic objections presented is that the involved in the use of television, perhaps Secretary. three requests of ACT are violative of the most powerful communications me­ [PR Doc.71-1260 Filed l-28-71;8:50 am] the First Amendment to the Constitu­ dium ever devised, in relation to a large tion and section 326 of the Communica­ and important segment of the audience, tions Act of 1934, as amended. The sec­ the Nation’s children. The importance of [ 47 CFR Port 73 1 ond objection is that adoption of the this portion of the audience, and the [Docket No. 19142; FCC 71-71] proposals would contravene the long­ character of material reaching it, are standing policy whereby the Commission particularly great because its ideas and CHILDREN’S TELEVISION PROGRAMS charges the licensee with the duty of concepts are largely not yet crystallized Notice of Inquiry and Notice of making programing decisions that serve and are therefore open to suggestion, and also because its members do not yet have Proposed Rule Making the public interest. The next objection is that the proposal is unworkable be­ the experience and judgment always to In the matter of petition of Action for cause of the difficulty of definition and distinguish the real from the fanciful. Childrens Television (ACT) for rule classification of children’s programs. 8. The Commission does not have in making looking toward the elimination The last objection is that prohibition its files sufficient data on children’s TV of sponsorship and commercial content of commercials on children’s programs programing upon which we can evaluate in children’s programing and the estab­ will be self-defeating in that it will dry the situation to determine whether these lishment of a weekly 14 hour quota up the major sources of children’s pro­ public interest considerations in fact of children’s television programs, RM - grams because of the problem of fund­ amount to a substantial public interest 1569. ing such programs. Other correlative or question as to whether the present use 1. Notice of inquiry and notice of pro­ subsidiary propositions raised in the of the medium in this respect is as satis­ posed rule making in the above-captioned pleadings are that the proposals would factory as should be expected. Thus, we proceeding are hereby given. have a severe inhibiting effect on UHF know that on many stations programing 2. By a submission received February television and other marginal television designed for children is available in sub­ 5, 1970, Action for Childrens Television stations; that the NAB Code has been stantial amount, but occasionally there (ACT) requested that the Commission and is fully capable of regulation of this have been complaints that in particular adopt certain guidelines for television problem; and that the Commission cases it is not. We also are aware that programing for children. The specific should not substitute its judgment for. on some such programs there is vigorous proposals of ACT are: proper parental control over the pro­ selling of products designed for children’s (a) There shall be no sponsorship and graming for children. use. In order to arrive at an informed no commercials on children’s programs. 6. In support of their First Amend­ determination in this area, we need the (b) No performer shall be permitted to ment and section 326 contentions, the data which this inquiry proceeding is use or mention products, services or designed to elicit through the questions stores by brand names during children’s parties so arguing cite a number of well- set forth below. This information will programs, nor shall such names be in­ known cases, including U.S. v. Para­ give us an idea of the scope of the prob­ cluded in any way during children’^ pro­ mount Pictures, Inc., 334 U.S. 131 lem if in fact one exists, and of how it grams. (1948); Burstyn, Inc. v. Wilson, 343 may best be approached. We emphasize (c) Each station shall provide daily U.S. 495 (1952); and New York Times that we have not reached conclusions as programing for children and in no case to the matters referred to in paragraphs shall this be less than 14 hours a week, 5 and 6 above. In light of the above con­ as part of its public service requirement. 1 The following parties filed statements in siderations, our authority to conduct this Provision shall be made for programing response to the public notice: Licensees fil­ inquiry proceeding, pursuant to section in each of the age groups specified below, ing statements: American Broadcasting Cos.; Broadcast-Plaza, Inc.; Broadcasting Services, 403 of the Act, is not seriously open to and during the time periods specified: Inc.; Connecticut Television, Inc., et al.; challenge.3 (i) Preschool: Ages, 2-5: 7 a.m.-6 p.m. Doubleday Broadcasting Co.; The Houston 9. Definition of “children’s ‘program­ daily; 7 a.m.-6 p.m. weekends. Post Co.; Hubbard Broadcasting, Inc., et al.; ming” . As noted above, one of the argu­ (ii) Primary: Ages, 6-9: 4 p.m.-8 p.m. Kern County Broadcasting Co.; Meredith ments against the ACT proposal is the daily; 8 a.m.-8 p.m. weekends. Corp.; National Broadcasting Co., Inc.; (iii) Elementary: Ages, 10-12; 5 p.m.- Palmer Broadcasting Co.; Storer Broadcast­ 9 p.m. daily; 9 a.m.-9 p.m. weekends. ing Co.; Triangle Broadcasting Corp.; Van »Report and Policy Statement re: Com­ 3. By public notice (Mimeo No. 4462ft) Curler Broadcasting Corp.; Westinghouse mission en Banc Programing Inquiry (Docket Broadcasting Co., Inc.; W O N Continental 12782), 20 R.R. 1901, FCC 60-970 (1960). of February 12, 1970, the Commission Broadcasting Co.; W K Y Television System, 3 It will be appropriate to reexamine the announced that it had accepted the ACT Inc., et al.; W TVY, Inc. Licensees filing reply First Amendment question at such time as submission as a petition for rule making, statements: Bonneville International Corp.; we contemplate definitive action. This in­ and assigned it file number RM-1569. Columbia Broadcasting System, Inc. Broad­ quiry and the information elicited through Over 2,000 letters and other short mem­ caster Associations filing statements: Na­ it could be pertinent, among other things, to oranda were filed in support of the ACT tional Association of Broadcasters; North the Commission’s duty, under section 4(i) of Proposal, a few letters were filed in Dakota Association of Broadcasters; Virginia the Act, to transmit to Congress significant opposition. The listed broadcasters, Association of Broadcasters. Other state­ data concerning the use of radio, and also ments: Toy Manufacturers of America, Inc.; legislative recommendations. It is also con­ broadcaster associations and advertiser Cognivision, Inc.; Ecumedia; American Asso­ ceivable that the extent of the problem oriented organizations filed comments, ciation of Advertising Agencies; National would be pertinent to the question of Confectioners Association of the United whether the First Amendment and section 8 Commissioner Houser not participating. States, Inc., et al. 326 do apply to limit the Commission’s role.

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 1430 PROPOSED RULE MAKING

difficulty of defining “ children’s pro­ nature of the sponsorship or commercial from this inquiry is the most appropriate grams”. This is. indeed, not an easy mat­ participation, i.e„ the products, stores or first step in this area and have reached ter, and we are not proposing, at this services advertised, and the total com­ no conclusion, tentative or final, on the time, any final definition for comment. mercial time on each program. desirability of a rule, it may be that on The matter of a suitable definition is (3) Give the same information as in 2, the basis of the data and the comments, among the general questions set forth above, for all commercial announce­ a clear basis for a rule will emerge. If so! in paragraph 11, below. However, it is ments adjacent to children’s programs, we wish to be »in a position to take also necessary to set forth some general i.e., all those presented after the end of definitive action. In sum, by proceeding guidelines for stations and others to use the previous program and before the in this fashion, we insure the achieve­ in presenting their material herein, so opening of the next program. ment of the prerequisite step— the collec­ that there can be some uniformity and (4) For each program listed above, tion of an adequate data base—and at reasonably accurate evaluation. The pro­ state, if possible, whether the performers the same time maintain maximum grams chiefly involved herein are those on the show conducted or participated in flexibility to take such action as the which are primarily designed for chil­ the delivery of commercial copy on the public interest may call for (e.g., further dren of the ages mentioned by ACT and program ; and whether there were any notice of proposed rule making; a rule; referred to above. However, stations and other oral reference to, or visual a rule with a further notice of proposed other parties are also invited to list and exposure of, a product by brand name. rule making; a policy statement). comment on other programs which are (5) For each program listed, state of substantial interest to children even 13. Authority for the institution of which age group, if any, it was designed this inquiry proceeding is found in seo- though not primarily designed for them. for or of particular interest to. 10. The Commission is inviting com­ tion 403 of the Communications Act of (6) Set forth your definition of “chil­ 1934, as amended. Authority for the in­ ments and data on a number of ques­ dren’s programs” used in the compila­ tions. With respect to specific data re­ stitution of the rule making proceeding tion of the data submitted pursuant to is contained in sections 4(i) and 303, quested, the Commission is setting up a this notice. composite week so that a representative 307(d) and 309 of the Communications (b) General questions. Act of 1934, as amended. sample may be secured, as well as to give (1) What types of children’s programs specific guidelines and to somewhat al­ 14. Pursuant to applicable procedures not now available do parties believe set forth §§ 1.51 and 1.419 of the Com­ leviate the burden on the television net­ commercial TV stations should present? works and television station licensees. mission’s rules, an original and 14 copies (2) To what extent, generally and of all material requested by this proceed­ The Commission hopes and urges that all with respect to particular programs and television networks and station licensees ing should be submitted on or before types of programs, does “ children's pro­ May 3, 1971, and reply comments on or will furnish the specific program gramming” have benefits to children data requested for the composite week. before June 1, 1971. All revelant ma­ beyond the fact that it holds their in­ terial will be considered by the Com­ The composite week for the specific data terest and attention and thus removes will be: mission. In reaching its decision, if any, the need for other activity or parental in this proceeding, the Commission may attention? Sunday, September 13,1970. also take into account other relevant (3) What, generally speaking, is a Monday, February 16,1970. data before it, in addition to the specific Tuesday, June 23,1970. definition of “children’s programming” data invited by this notice. Wednesday, Aprli 8,1970. which could serve for the Commission’s Thursday, October 2, 1969. use in this connection? To what extent Adopted: January 20,1971. Friday, August 14,1970. do children, particularly in the higher Saturday, December 6,1969. Released: January 26,1971. age groups mentioned by ACT, view and The listing of questions should not be benefit from general TV programing? F ederal C ommunications construed as limiting in any way the (4) What restriction on commercials C o m m is s io n ,* area of comment. short of prohibition—e.g., on types of [ s e a l ] B e n F . W a p l e , 11. (a) Data and comments are in­ products or services, what can be said, Secretary. vited on the following questions: number, divorcement from program (FR Doc.71-1262 Filed l-28-71;8:50 ami (1) What children’s programs* were content, etc.—would be desirable? Com­ broadcast over your television network ments should take into account in this or television station? (Give name, date, connection the provisions of the NAB time and length.) The listing of pro­ Television Code and its guidelines. FEDERAL RESERVE SYSTEM grams for the composite week should (5) To what extent should any re­ state whether the program was network striction on commercial messages in [12 CFR Part 222 1 produced, a syndicated production, lo­ children’s programs also apply to such [Reg. Y ] cally produced or from other sources. messages adjacent to children’s The listing should also classify the pro­ programs? BANK HOLDING COMPANIES grams as to being either entertainment 12. We have also labeled this as a no­ Interests in Nonbanking Activities or educational. It should also state tice of proposed rule making, although whether it is an original showing or a as shown by the above discussion its pri­ By act of Congress approved Decem­ rerun of the program. A short descrip­ mary focus is as an inquiry. Our reason ber 31, 1970 (Public Law 91-607) the tive summary of each program would for so designating the proceeding is two­ Bank Holding Company Act was ex­ greatly assist the Commission in an­ fold. First, in the foregoing discussion, panded to cover companies that control alyzing the data. we have given notice of the subject mat­ only one bank. In conjunction with that (2) For each program listed above, list ter and the issues, as required by the expansion Congress amended section the sponsor or sponsors, or, if it were Administrative Procedure Act. Thus, the 4(c) (8) of that Act, under which bank “participating” , the advertisers involved subject matter is children’s programing holding companies may acquire interests (if a program were sustaining, please so on television, and the issues are the ap­ in nonbanking activities subject to cer­ indicate). State with particularity the propriate definition of children’s pro­ tain restrictions and upon certain con­ graming; the nature of the commercials ditions. Under that section as amended, associated with such programing (e.g., the Board is authorized to promulgate ‘ See paragraph 9, above. The information no commercials or a limited number of regulations governing acquisition ^of mentioned in these questions particularly commercials; no commercials by per­ companies whose activities are “so relates to programs designed primarily for closely related to banking or managing children, of the age groups mentioned herein. formers; divorcement from content of Parties are also invited to give as much in­ show, and the appropriateness and legal­ formation as is feasible with respect to other ity of the specification of the amount of * Commissioners Bartley, Robert E. Lee* programs which are of substantial interest? time to be devoted to various categories and Wells dissenting; Commissioner Johnson to, though not primarily designed for, of children’s programing). Second, while concurring and issuing a statement which children. we believe that the data to be,collected is filed as part of the original document.

FEDERAI REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 PROPOSED RULE MAKING 1431 or controlling banks as to be a proper notice of the proposal published within engage in the activities involved and incident thereto/’ the preceding 30 days in a newspaper of such activities are otherwise conducted In determining whether a particular general circulation in the communities in accordance with certain other limita­ activity is a proper incident to banking in winch offices of the company are or tions on the activities of national banks. or managing or controlling banks, the are to be located. The Board will cause The amendment to section 4(c) (8) re­ Board is required to “consider whether to be published in the F ederal R eg ister quires the Board to consider acquisitions its performance by an affiliate of a hold­ notice of any application to acquire an by a bank holding company not only from ing company can reasonably be expected interest in a going concern and will give the standpoint of whether the activities to produce benefits to the public, such interested persons an opportunity to ex­ of the company to be acquired are closely as greater convenience, increased com­ press their views (including where ap­ related to banking, but also from the petition, or gains in efficiency, that out­ propriate, by means of a hearing) on the standpoint of antitrust and related con­ weigh possible adverse effects, such as question whether performance of the siderations. Accordingly, the Board be­ undue concentration of resources, de­ activity proposed by the holding com­ lieves that it should exercise its general creased or unfair competition, conflicts pany, under the particular circumstances regulatory authority over holding com­ of interests, or unsound banking prac­ involved can reasonably be expected to panies under section 5 of the Act to iimit tices/' In promulgating regulations produce benefits to the public, such as the scope of permissible activities under under that section, the Board is author­ greater convenience, increased competi­ section 4(c) (5) to lending and fiduciary ized to “differentiate between activities tion, or gains in efficiency, that outweigh activities commenced de novo, except commenced de novo and activities com­ possible adverse effects, such as undue where the shares involved are of the menced by the acquisition, in whole or in concentration of resources, decreased or kinds and amounts explicitly eligible for part, of a going concern”. unf air competition, conflicts of interests, investment by a national bank under As its initial implementation of this or unsound banking practices. Applica­ Federal statute law. Otherwise Congress’ authority, the Board is giving considera­ tions to engage in the foregoing activities purpose in amending section 4(c) (8) tion to amending $ 222.4(a) of Regula­ de novo shall be deemed to be approved, might be substantially nullified. Any tion Y to read as follows: unless the applicant is notified to the limitations on section 4(c) (5) would not affect the scope of activities permitted § 222.4 Interests in noiilmliking organi­ contrary within 45 days after being ad­ zations. vised that the application has been filed. to a banking subsidiary of a bank hold­ Except to the extent otherwise provided ing company, but could affect acquisitions (a) Shares of companies whose activi­ in an order in a particular case, the fol­ of a nonbanking company by such a ties are closely related to hanking or lowing conditions shall apply with re­ bank, since any acquisition by a sub­ managing or controlling banks. Any bank spect to every acquisition consummated sidiary bank would represent an indirect holding company may apply to the Board, or activity engaged in on authority of acquisition by the parent holding by filing an application with its Fed­ tills section:

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 1432 PROPOSED RULE MAKING

[12 CFR Part 222 1 its Reserve Bank, unless the company is owned or engaged in on December 31, [Reg. Y ] notified to the contrary within that time. 1970. If the company has not filed such a dec­ Under the proposal, approval of acqui­ BANK HOLDING COMPANIES laration, only requests with respect to sitions by a company that elects to divest acquisitions or expansion of activities itself of its bank would normally be Nonbanking Acquisitions by One- that the company demonstrates to the granted, under a simple notification pro­ Bank Holding Companies satisfaction of the Board are necessary cedure. Acquisitions by other companies The Board of Governors proposes to to enable it more efficiently to market normally would not be approved, unless add a new paragraph to § 222.4 of Regu­ its assets subject to divestiture will be the company demonstrates that the ac­ lation Y to read as follows: approved. quisition is necessary to assure that the Section 4(c) (12) of the Bank Holding company’s required divestitures can be § 222.4 Interests in nonbanking organi­ Company Act permits a company covered made as quickly as possible, as efficiently zations. by the 1970 amendments to retain or ac­ as possible, and with as little economic * * * * * quire any shares or engage in any activ­ loss to the divesting company as possible. (d) Certain acquisitions by companyities until January 1,1981, if the holding To aid in the consideration of this covered in 1970. Except with respect to company complies with such conditions matter by the Board, interested persons acquisitions made pursuant to a binding as the Board may by regulation pre­ are invited to submit relevant data, commitment entered into before Janu­ scribe. In enacting this exemption, Con­ views, or arguments. Any such material ary 26, 1971, no bank holding company gress had two types of companies in should be submitted in writing to the may after that date, directly or indi­ mind. The Board believes that the fore­ Secretary, Board of Governors of the rectly, acquire any shares or commence going system of prior approvals is neces­ Federal Reserve System, Washington, to engage in any activities on the basis sary to assure that the exemption is used D.C. 20551, to be received not later than of section 4(c) (12) of the Bank Holding only by those companies for purposes February 26, 1971. Such material will be Company Act, except with prior ap­ consistent with the Act. made available for inspection and copy­ proval of the Board. If the company has The two types of companies Congress ing upon request, except as provided in filed with the Board an irrevocable dec­ had in mind in enacting section 4(c) (12) § 261.6(a) of the Board’s Rules Regard­ laration that, unless granted an exemp­ are (1) a company that elects to divest ing Availability of Information. tion under section 4(d) of the Act, it will itself of its bank before 1981 and thereby By order of the Board of Governors, cease to be a bank holding company by January 21, 1971. January 1, 1981, requests for such ap­ cease to be a bank holding company proval shall be deemed to be approved and (2) a company that will be required [ s e a l ] K e n n e t h A. K e n y o n , 45 days after the company is informed to divest a nonbanking subsidiary or Deputy Secretary. that the request has been received by cease to engage in a nonbanking activity [FR Doc.71-1214 Filed 1-28-71;8:46 am]

FEDERAL REGISTER, VOL. 36, NO. 20— -FRIDAY, JANUARY 29, 1971 1433

Notices

Signed at Washington, D.C., this 19th possession of firearms and incurred by department of the treasury day of January 1971. reason of the conviction hereinabove described. Internal Revenue Service Cs e a l ] R a n d o l p h W. T h r o w e r , Commissioner of Internal Revenue. Signed at Washington, D.C., this 19th DONALD EDWIN DEDERER, SR. [FR Doc.71-1248 Filed l-28-71;8:48 am] day of January 197L Notice of Granting of Relief [ s e a l ] R a n d o l p h W. T h r o w e r , Commissioner of Internal Revenue. Notice is hereby given that Donald DONALD LEROY GREEN Edwin Dederer, Sr., 31 Oakwood Street, [FR Doc.71-1244 Filed 1-28-71:8:48 am] East Hartford, CT 06111, has applied for Notice of Granting of Relief relief from disabilities imposed by Fed­ Notice is hereby given that Donald DUANE EDWARD MARVIN, SR. eral laws with respect to the acquisition, Leroy Green, 1^15 V2 Sixth Avenue North, receipt, transfer, shipment, or possession Post Office Box 1312, Great Falls, M T Notice of Granting of Relief of firearms incurred by reason of his 59401, has applied for relief from dis­ Notice is hereby given that Duane convictions on October 10, 1963, in the abilities imposed by Federal laws with Superior Court, New London, Conn., and Edward Marvin, Sr., 7129 Southeast 72d respect to the acquisition, receipt, trans­ Avenue, Portland, OR 97206, has applied on January 6, 1964, in the Superior fer, shipment, or possession of firearms Court, Kingston, R.I., of crimes punish­ for relief from disabilities imposed by incurred by reason of his conviction on Federal laws with respect to the acqui­ able by imprisonment for a term ex­ April 14, 1967, in the District Court, ceeding 1 year. Unless relief is granted, sition, receipt, transfer, shipment, or County of Rice, Faribault, Minn., of a possession of firearms incurred by rea­ it will be unlawful for Donald Edwin crime punishable by imprisonment for a Dederer, Sr., because of such convictions, son of his conyiction on July 16, 1965, term exceeding 1 year. Unless relief is in the Circuit Court of Multnomah to ship, transport, or receive in interstate granted, it will be unlawful for Donald or foreign commerce any firearm or am­ County, Oreg., of a crime punishable by Leroy Green because of such conviction, imprisonment for a term exceeding 1 munition, and he would be ineligible for to ship, transport, or receive in inter­ a license under chapter 44, title 18, year. Unless relief is granted, it will be state or foreign commerce any firearm unlawful for Duane Edward Marvin, Sr., United States Code as a firearms or or ammunition, and he would be ineli­ ammunition importer, manufacturer, because of such conviction, to ship, gible for a license under chapter 44, dealer, or collector. In addition, under transport, or receive in interstate or for­ title 18, United States Code as a fire­ title VII of the Omnibus Crime Control eign commerce any firearm or ammuni­ arms or ammunition importer, manu­ tion, and he would be ineligible for a and Safe Streets Act of 1968, as amended facture, dealer, or collector. In addition, (82 Stat. 236; 18 U.S.C., Appendix), be­ license under chapter 44, title 18, United under title V II of the Omnibus Crime cause of such convictions, it would be States Code as a firearms or ammunition Control and Safe Streets Act of 1968, unlawful for Donald Edwin Dederer, Sr., importer, manufacturer, dealer, or col­ as amended (82 Stat. 236; 18 U.S.C., Ap­ to receive, possess, or transport in lector.- In addition, under title V II of commerce or affecting commerce, any pendix), because of such conviction, it the Omnibus Crime Control and Safe firearm. » would be unlawful for Donald Leroy Streets Act of 1968, as amended (82 Green to receive, possess, or transport in Notice is hereby given that I have con­ Stat. 236; IB U.S.C., Appendix), because sidered Donald Edwin Dederer, Sr.’s commerce or affecting commerce, any of such conviction, it would be unlawful application and: firearm. for Duane Edward Marvin, Sr., to re­ 1.1 have found that the convictions Notice is hereby given that I have con­ ceive, possess, or transport in commerce were made upon charges which did not sidered Donald Leroy Green’s application or affecting commerce, any firearm. involve the use of a firearm or other and: Notice is hereby given that I have weapon or a violation of chapter 44, title (1) I have found that the conviction considered Duane Edward Marvin, Sr.’s 18, United States Code, or of the National was made upon a charge which did not application and: Firearms Act; and involve the use of a firearm or other (1) I have found that the conviction 2. It has been established to my satis­weapon or a violation of chapter 44, title was made upon a charge which did not faction that the circumstances regarding 18, United States Code, or of the National involve the use of a firearm or other the convictions and the applicant’s Firearms Act; and weapon or a violation of chapter 44, title record and reputation are such that the (2) It has been established to my sat­ 18, United States Code, or of the National applicant will not be likely to act in a isfaction that the circumstances regard­ Firearms Act; and manner dangerous to public safety, and ing the conviction and the applicant’s (2) It has been established to my sat­ that the granting of the relief would record and reputation are such that the isfaction that the circumstances regard­ not be contrary to the public interest. applicant will not be likely to act in a ing tiie conviction and the applicant’s Therefore, pursuant to the authority manner dangerous to public safety, and record and reputation are such that the vested in the Secretary of the Treasury that the granting of the relief would not applicant will not be likely to act in a by section 925(c), title 18, United States be contrary to the public interest. manner dangerous to public safety, and that the granting of the relief would not Code and delegated to me by 26 CFR Therefore, pursuant to the authority 178.144, it is ordered that Donald Edwin vested in the Secretary of the Treasury be contrary to the public interest. Therefore, pursuant to the authority Dederer, Sr., be, and he hereby is, granted by section 925(c) , title 18, United States relief from any and all disabilities im­ Code and delegated to me by 26 CFR vested in the Secretary of the Treasury posed by Federal laws with respect to the 178.144, it is ordered that Donald Leroy by section 925(c), title 18, United States Code and delegated to me by 26 CFR acquisition, receipt, transfer, shipment, Green be, and he hereby is, granted relief 178.144, it is ordered that Duane Ed­ or possession of firearms and incurred from any and all disabilities imposed by ward Marvin, Sr., be, and he hereby is, by reason of the convictions hereinabove Federal laws with respect to the acqui­ granted relief from any and all disabili­ described. sition, receipt, transfer, shipment, or ties imposed by Federal laws with respeGt

FEDERAL REGISTER, V O L 36, NO. 20— FRIDAY, JANUARY 29, 1971 1434 NOTICES to the acquisition, receipt, transfer, ship­ Office of the Secretary chorage Land Office, Anchorage, Alaska, ment, or possession of firearms and in­ effective at 10:00 a.m. February 16,1971, CLEAR SHEET GLASS FROM JAPAN curred by reason of the conviction here­ Seward Meridian, Alaska inabove described. Amendment of Determination of Sales T. 14 N., R. 1 E. Signed at Washington, D.C., this 19th at Less Than Fair Value Sec. 30, lots 5 and 6 (Sy2NW}4). day of January 1971. J a n u a r y 26, 1971. Containing 76.49 acres. 2. The area is steep mountainous to [ s e a l ] R a n d o l p h W. T h r o w e r , The determination of sales at less than Commissioner of Internal Revenue. precipitous slopes. Timber is small birch, fair value with respect to sheet glass from spruce, aspen, and some cottonwood with [FR Doc.71-1245 Filed l-28-71;8:48 am ] Japan, published in the F ederal R egister alder. Soil is for the most part thin sandy of January 9,1971 (36 F.R. 333, F.R. Doc. loam. 71-284), was intended to apply only to EDWARD FRANCIS PERKINS 3. The public lands affected by this “ clear sheet glass” . In order to make order are hereby restored to the opera­ Notice of Granting of Relief plain that the determination applies only tion of the public land laws, subject to to “ clear sheet glass” , the determination any valid existing rights, the provisions Notice is hereby given that Edward is hereby amended by inserting the word Francis Perkins, Box 109, Main Street, of existing withdrawals, including Public “ clear” before “sheet glass” wherever Land Order 4582 dated January 17, La Fargeville, NY 13656, has applied for that term occurs. relief from disabilities imposed by Fed­ 1969, Public Land Order 4962 dated De­ eral laws with respect to the acquisition, [ s e a l ] E u g e n e T . R o s sid e s , cember 11,1970, and the requirements of receipt, transfer, shipment, or possession Assistant Secretary of the Treasury. applicable law, rules, and regulations. of firearms incurred by reason of his [FR Doc.71-1247 Filed 1-28-71;8:49 am] 4. Inquiries concerning the lands conviction on November 17, 1960, in the should be addressed to the Manager, County Court, Jefferson County, Water- Anchorage Land Office, 555 Cordova town, N.Y. of a crime punishable by im­ FROZEN FRENCH FRIED POTATOES Street, Anchorage, A K 99501. prisonment for a term exceeding one FROM CANADA N e il R . B assett, year. Unless relief is granted, it will be Acting Manager, Land O ffice . Determination of Sales at Not Less unlawful for Edward Francis Perkins be­ [FR Doc.71-1208 Filed l-28-71;8:45 am] cause of such conviction, to ship, trans­ Than Fair Value port, or receive in interstate or foreign commerce any firearm or ammunition, J a n u a r y 22,1971. [Serial No. 1-3823] On October 22, 1970, there was pub­ and he would be ineligible for a license IDAHO under chapter 44, title 18, United States lished in the F ederal R e g ister a “Notice Code as a firearms or ammunition im­ of Tentative Negative Determination” Notice of Hearing on Proposed porter, manufacturer, dealer or collector. that frozen french fried potatoes manu-, Withdrawal of Public Lands In addition, under title V II of the Omni­ factured by McCain Foods Ltd., Flor- bus Crime Control and Safe Streets Act enceville, New Brunswick, Canada, are J a n u a r y 22,1971. of 1968, as amended (82 Stat. 236; 18 not being, nor likely to be, sold at less 1. Notice is hereby given that a public U.S.C., Appendix) , because of such con­ than fair value within the meaning of hearing will be held at 1 p.m., viction, it would be unlawful for Edward section 201(a) of the Antidumping Act, February 26, 1971, in the Boise Inter­ Francis Perkins to receive, possess, or 1921, as amended (19 U.S.C. 160(a)) agency Fire Center Auditorium, Boise, transport in commerce or affecting com­ (referred to in this notice as the “Act” ) . Idaho, pertaining to the request of the merce, any firearm. The statement of reasons for the Bureau of Land Management for with­ Notice is hereby given that I have con­ tentative determination was published drawal from all forms of appropriation sidered Edward Francis Perkins’ applica­ in the above-mentioned notice and in­ and location under the public land and tion and: terested parties were afforded an oppor­ mining laws, except the mineral leasing (1) I have found that the conviction tunity to make written submissions laws, of the public lands described here­ was made upon a charge which did not and requests to present oral views in after as the Snake River Birds of Prey involve the use of a firearm or other connection with the tentative deter­ Natural Area as set forth in the notice weapon or a violation of chapter 44, title mination. of proposed withdrawal and reservation 18, United States Code, or of the National No written submissions or requests of lands published in the F ederal R eg­ Firearms Act; and having been received, I hereby determine ist e r on December 12, 1970, vol. 35, page (2) It has been established to my sat­ that, for the reasons stated in the tenta­ 18926. The lands are described as follows: isfaction that the circumstances regard­ tive determination, frozen french fried Boise M eridian, Idaho ing the conviction and the applicant’s potatoes manufactured by McCain Foods record and reputation are such that the Ltd., Florenceville, New Brunswick, T. 1 S., R. 2 W „ applicant will not be likely to act in a Sec. 25,, SW % SE% . Canada, are not being, nor likely to be, T. 1 S., R. 1 W., manner dangerous to public safety, and sold at less than fair value (section 201 Sec. 26, sy2sy>; that the granting of the relief would not (a) of the Act; 19 U.S.C. 160(a)). Sec. 27, SWÍ4, NWÎ4SEV4, sy2S E ^ ; be contrary to the public interest. This determination is published pur­ Sec. 28, Sy2‘, Therefore, pursuant to the authority suant to section 201(c) of the Act (19 Sec. 29, S% SW ]4, SE}4; vested in the Secretary of the Treasury U.S.C. 160(c)) and § 153.33(c), Customs Sec. 31, lots 1, 2, 3, 4, 5, 6,' Ey2NE}4. SE«A NW14, NE^SW»4, NI/2 SE1 4 , SW14SE W by section 925(c), title 18, United States regulations (19 CFR 153.33(c)). Code and delegated to me by 26 CFR Sec. 32, lots 2, 3, 4, 5, 6, 7, Ny2Ny2, SWA NEy4 ,sy2 Nwy4; , 178.144, it is ordered that Edward Francis [ s e a l ] E u g e n e T. R o ssid e s, Assistant Secretary of the Treasury. Sec. 33, lots 1, 2, 5, 6, 7, 8, N W ^ N E ^ . » » Perkins be, and he hereby is, granted n e %. Ey2 Nwy4, sy2 sy2; relief from any and all disabilities im­ [FR Doc.71—1216 Filed l-28-71;8:46 am] Sec. 34, lots 1, 2, 5, 6, 7, 8, NE%NWî4» posed by Federal laws with respect to sEiA,sy2sy2; the acquisition, receipt, transfer, ship­ Sec. 35, all. ment, or possession of firearms and in­ T. 2 S., R. 2 W., curred by reason of the conviction here­ Sec. l,Ey2Ey2. DEPARTMENT OF THE INTERIOR T. 2 S., R. 1 W., inabove described. Bureau of Land Management Sec. 1, lots 1, 2, 3, 6.. 7, 8, 9, 12, 13, SWA Signed at Washington, D.C., this 19th Nw%,wy2swy4; ALASKA Sec. 2, lots 1, 2, 3, 4, Sy2NE%, SE^NW A. day of January 1971. n e g a s e *4; Sec.3,lotsl,2,3,4, Sy2NWí4;. ¿ [ s e a l ] R a n d o l p h W. T h r o w e r , Notice of Filing of Plat of Survey Sec. 4, lots 1, 2. 3, 4, Sy2Ny2, NE& SW ft. Commissioner of Internal Revenue. 1. Plat of survey of the lands described swy4,wy2SEy4; T1/e__„. [FR Doc.71-1246 Filed l-28-71;8:48 am] below will be officially filed in the An­ Sec. 5, lots 1, 2,3,4, Sy2N i£ , m

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 NOTICES 1435

Sec. 6 , lots 1, 2, 3, 4, 5, 0, 7, 8 , SE^4NWV4> Sec. 25, N»4, NWV4SW&; Ey2sw&. Ny2sE%; Sec. 26, lot 5, N E 14, Ny2 NWi4, SEi/iNW^. DEPARTMENT OF COMMERCE Sec. 8, NEV4NEÎ4; The areas described aggregate 26,255.60 Sec.9,NW&NWV4; National Bureau of Standards Sec. 12, lots 1, 2, 4. 8 , 9, 10, W & W V i. SEy4 acres -in Ada, Canyon, Elmore, and sw&; Owyhee Counties of Idaho. TWO RECOMMENDED STANDARDS Sec. 13, lots 1, 2, 3, 4, W % N E & , N & N W & . 2. The hearing will be open to attend­Notice of Circulation for Acceptance wy2sE& ; ance and participation of all persons Sec. 24, lots 1,2.3,4, W % Ei£, SE% SW }4; having an interest either for or against The National Bureau of Standards is Sec. 25, lots 1,2, NW ftN E % , N E & N W ft- the proposed withdrawal. At the outset giving public notice and circulating for T. 2 S., R. 1 E., of the hearing, the proposed withdrawal public comment the following recom­ Sec. 6 , lots 5,6 , 7, E% SW % ; Sec. 7, lots 1, 2, 5, Ey2w y 2, SW % NE 1/4, will be described as to objectives, extent, mended standards (TS) for a determina­ and provisions. se J4: tion of their acceptance to manufac­ Sec. 8,SW%SWi4; Parties desiring to make a statement turers, distributors, users and consumers: Sec. 17,SWy4NEV4. w y 2, WJ4SEV4: at the hearing should file notice thereof TS 116d, “Hardwood and Decorative Ply­ Sec. 18, lots 2, 3, 4, 7, , 0, NV&NEV4. S E ^ 8 not later than February 24, 1971, with wood”. NEJ4,SE%SW%; the State Director, Bureau of Land Man­ TS 132, “Body Measurements for the Sizing Sec. 19, lots 3, 4, 5, 6, 11, 12, 13, 14, 15, agement, Room 334, Federal Building, of Apparel for Young Men (Students)”. wy2; Sec.20,wy2Ey2, w % ; 550 West Fort Street, Boise, ID 83702. These circulations are being made, in Sec:28,SW%SW%; The record of the hearing will be held accordance with the provisions of § 10.5 Sec. 29, W y2 N E i/4, W y2, SE & ; open until March 29, 1971, for receipt of of the Department of Commerce Pro­ Sec. 30, lots 2, 3, 4, 5, 8 , 7, 10, 11, 12, 13, 14, written comments at the above address. cedures for the Development of Volun­ 15, SE & NE y* , E % SE %, ; Sec. 31, lots 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, W il l ia m L . M a t h e w s , tary Product Standards (15 CFR Part 15,Ey2Ey2; State Director. 10, as amended; 35 FJt. 8349 dated Sec. 32, ail; JFR Doc.71-1209 Piled l-28-71;8:45 am] May 28, 1970). Sec. 33,Wy2W% . Copies of these recommended stand­ T. 3 S., R. 1 W., ards may be obtained from the Office Sec. 1, lots 1, 2. Sy2N E & , SE% NW % . National Park Service of Engineering Standards Services, Na­ ? 3 S R I E tional Bureau of Standards, Washington, . Sec.Vlot4,’ sw V4NW 1/4,wy&SW}4; ANACOSTIA PARK '• Sec. 5, ail; D.C. 20234. Written comments or objec­ Sec. 6 , lots 1, 2, 3, 4, 5, 8 , 9, 11, SE&NEÎ4, Notice of Intention To Issue a tions concerning the standards should SE&SW&j be addressed to the Office of Engineering Sec. 7, lot 1, N W & N E & , Sy2N E ^ , N E & Concession Permit Standards Services within 30 days NW»4; Pursuant to the provisions of section 5, following publication of this notice. Sec. 8 , ail; of the Act of October 0, 1965 (79 Stat. Sec. 9, wy2WVi; L e w is M. B r a n s c o m b , sec. io,sy2Ny2 ,sy 2; 969; 16 U.S.C. 20) public notice is hereby Director, Sec. 15, Wy2E»4, NWJ4, Ey2 SW % , SEÎ4 given that thirty (30) days after the se %; date of publication of this notice, the J a n u a r y 18, 1971. Sec. 17, lots 1, 2, 3, S W ^ N E ^ , N E & N W ^ , Department of the Interior, through Approved: January 25,1971. Ey2SEiA; the Superintendent, National .Capital Sec. 21, lots 1,2 , E ^SE ^4 ; Parks— East, proposes to issue a conces­ R ich ar d O . S im p s o n , Sec. 22, lots 3, 4, 5, 6 , 7, 8 , 9, NW%NE%, sion permit to Mr. Thomas C. Long, au­ Acting Assistant Secretary S1/2NE14, E 1/2 NW%, SW % SW 14; thorizing him to provide concession for Science and Technology. Sec.23,Sy2N% ,Sy2; Sec. 24, SW&NEV4, S E ^ N W ^ , Sy2; facilities and services for the public at [FR Doc.71-1213 Filed 1-28-71:8:45 am] Sec. 25, wy2NE J4, w y 2, SE%; Anacostia Park, Reservation 343, Sec­ Sec. 26. lots 1,2,3,4, 6 , 7, Ey2, Ey2NW % ; tion E, 1900 M Street SE„ Washing­ Sec. 27, lots 1, 2, 3, WJ£NE»4, E & S E & ; ton, DC, for a period of two (2) years Sec.34,Ei/2NE%; from January 1, 1971, through Decem­ DEPARTMENT OF Sec. 35, lots 2, 3,4, N&NE14. ber 31,1972. T. 3 S.,R. 2 E., The' foregoing concessioner has per­ Sec. 30, lots 3,4, SE% SW % ; TRANSPORTATION Sec. 31, lots 1, 2, 3, 6 , NE&, E^NW%, N 14 formed his obligations under a prior SEy4 ,SEÎ4SE%; permit to the satisfaction of the National National Transportation Safety Board Sec. 32,Si/2N ^ ,S % ; Park Service and, therefore, pursuant to Sec. 33, S % . the Act cited above, is entitled to be [Docket No. SA-428] T. 4 S., R.2E., given preference in the renewal of the Sec. 2, sy2sw v4 ; permit and in the negotiation of a new AIRCRAFT ACCIDENT AT Sec. 3, lots 3,4, S|4 Ny2, sy2 ; ANCHORAGE, ALASKA Sec. 4, lots 1, 2, 3, 4. Sy2 NV£, N E & S W ft, permit. However, under the Act cited N y2 SE 14, S E ^ S E 1/^; above, the National Park Service is also Notice of Investigation Hearing Sec. 5, lots 1. 2 ,3 ,4 , SE% NE% ; required to consider and evaluate all Sec. 6, lots 2,5, 6 , 9,10, S E & S W & ; proposals received as a result of this no­ In the matter of investigation of ac­ Sec.' l . , lot 1, NWÎ4NEÎ4, Sy2N E ^ , NE 14 tice. Any proposal to be considered and cident involving Capitol International evaluated must be submitted within Airways, Inc., Douglas DC-8, N4909C, Sec. 8, lots 2, 4, SW&NEÎ4, S& N W ^, EÎ4 thirty (30) days after the publication SEV4; Anchorage, Alaska, November 27,1970. date of this notice. Sec. 9, lots 1, 2,5, 6 , 7, 8 , S %; Notice is hereby given that an Ac­ Sec. 10, lots 2, 3, 4, 7, 8 , E^NEli, SW %, Interested parties should contact SWy4SEy4; ' the Superintendent, National Capital cident Investigation Hearing on the Sec. 11, lot 1, S^NE^, NWy4, SE&SWft, Parks— East, 5210 Indian Head Highway, above matter will be held commencing SE i/4; Oxon Hill, MD 20021, for information as at 9 a.m., local time, on February 16, Sec. 12, SWi/4; to the requirements of the proposed Sec. 18, N W 14; 1971, at the Royal Inn Hotel, 720 West Sec. 14, lots 1, 3, NE %, SE& NW Î4, SW»4, permit. Fifth Street, Anchorage, Alaska. NWy4SEy4; R o ber t H . V iklttnd, Dated this 25th day of January 1971. ®ee- 15.N1/2NEV4.SWV4NE%,NWV4; Acting Superintendent, Sec. 22, lots 1,4, 5, 8 , E y 2 E y 2 ; National Capital Parks—East. [ s e a l ] W il l ia m R . H e n d r ic k s , sec. 23, Nwy4 N w % . sy2NWV4 . s w 14, N W % D ece m b e r 16, 1970. Senior Hearing O fficer. SEy4 ,sy2sEi4 ; Sec- 24,SW%SWÎ4; [FR Doc.Tl-1197 Filed 1-26-71 ;8:45 am] [FR Doc,71—1232 Filed l-28-71;8:47 am]

FEDERAL REGISTER, V O L 36, NO. 20— FRIDAY, JANUARY 29, 1971 No. 20— Pt.I- 1436 NOTICES

applicable to this carriage of mail.1 He adjustment as the decision in Dockets CIVIL AERONAUTICS BOARD states that the Postal Service and Exec­ 22671 and 22731 may provide. {Docket No. 21980] utive agree that the applicable multiele­ Accordingly, pursuant to the Federal ment rates are the fair and reasonable Aviation Act of 1958, and particularly AEROMAR AIR CARGO, C. POR A. rates of compensation for the proposed sections 204(a) and 406 thereof, the services. Notice of Hearing Board’s regulations 14 CFR Part 302,14 The rates established by Orders CFR Part 298, and the authority duly Notice is hereby given pursuant to the E-25610 and 70-4-9 have been open since delegated by the Board in its Organiza­ Federal Aviation Act of 1958, as December 12, 1970, pursuant to Order tion Regulations, 14 CFR 385.16(f), amended, that a hearing in the above- 70-12-48, December 8, 1970, instituting I t is ordered, That: entitled proceeding is assigned to be held an investigation of the domestic service 1. Executive Airlines, Inc., the Post­ on February 9, 1971, at 10 a.m„ e.s.t., in mail rates for priority and nonpriority master General, American Airlines, Inc., Room 805, UniversarBuilding, Connecti­ mail. Therefore, the present domestic Mohawk Airlines, Inc., Northeast Air­ cut and Florida Avenues NW., Wash­ service rates for the transportation of lines, Inc., and all other interested ington, D.C., before the undersigned priority and nonpriority mail by air are persons, are directed to show cause why examiner. subject to such retroactive adjustment the Board should not adopt the fore­ to December 12, 1970, as the final deci­ Dated at Washington, D.C., Janu­ going proposed findings and conclusions sion in the current domestic service mail ary 25, 1971. and fix, determine, and publish the rates rate investigation may provide. specified above, as the fair and reason­ [ s e a l ] J o s e ph L. F it z Ma u r ic e , We propose to establish service rates able temporary rates of compensation to Hearing Examiner. for the transportation by Executive of be paid to Executive Airlines, Inc., for [FR Doc.71-1249 Filed 1-28-71;8:49 am] priority and nonpriority mail at the the transportation of priority and non­ levels established in Orders E-25610 and priority mail by aircraft, the facilities 70-4-9, respectively. These rates and pro­ used and useful therefor, and the service [Docket No. 22896] visions will be subject to retroactive ad­ connected therewith as specified above; EMPRESA GUATEMALTECA DE justment when the current domestic 2. Further procedures herein shall be service mail rate investigation is con­ in accordance with 14 CFR Part 302, as AVIACION cluded. Furthermore, Executive will be specified, in the attached appendix; Notice of Postponement of Prehearing made a party to that proceeding.' 3. Executive Airlines, Inc., is hereby Conference The Board finds it in the public in­ made a party in Dockets 22671 and terest to fix, determine, and establish the 22731; Pursuant to applicant’s request and fair and reasonable rates of compensa­ 4. This order shall be served upon Ex­ with concurrence of the Bureau of Op­ tion to be paid by the Postmaster Gen­ ecutive Airlines, Inc., the Postmaster erating Rights, notice is hereby given eral for the proposed transportation of General, American Airlines, Inc., Mo­ that the prehearing conference in the mail by aircraft, the facilities used and hawk Airlines, Inc., and Northeast Air­ above-entitled matter now scheduled for useful therefor, and the services con­ lines, Inc. nected therewith, between the aforesaid January 25, 1971, is postponed until This order will be published in the March 9, 1971 at 10 a.m., e.s.t., in Room points. Upon.consideration of the notice F ederal R e g ister . 805, Universal Building, 1825 Connecti­ of intent and other matters officially no­ cut Avenue NW., Washington, DC, be­ ticed, it is. proposed to issue an order2 to [ s e a l ] H ar r y J. Z in k , fore the undersigned examiner. include the following findings and Secretary. conclusions; A ppendix Dated at Washington, D.C., Janu­ The fair and reasonable service mail ary 25,1971. 1. Further procedures related to the at­ rates to be paid to Executive Airlines, tached order shall be in accordance with 14 [ s e a l ] J o h n E. F a u l k , Inc., entirely by the Postmaster General CFR Part 302, and notice of any objection to Hearing Examiner. pursuant to section 406 of the Act for the rate or to the other findings and con­ the transportation of mail by aircraft, clusions proposed therein, shall be filed {FR Doc.71-1250 Filed 1-28-71;8:49 am ] within 10 days, and if notice is filed, written the facilities used and useful therefor, answer and supporting documents shall be and the services connected therewith, filed within 30 days after service of this [Docket Nos. 22903, etc.; Order 71-1-103] between (1) Boston, Mass., and Albany, order; N.Y., via Worchester, Mass., and Keene, 2. If notice of objection is not filed within EXECUTIVE AIRLINES, INC. N.H., and (2) Boston, Mass., “and Bur­ 10 days after service of this order, or if Order To Show Cause lington, Vt., via Lebanon, N.H., and notice is filed and answer is not filed within Montpelier, Vt., shall be; 30 days after service of this order, all per­ sons shall be deemed to have waived the Issued under delegated authority Jan­ (a) For priority mail, the multielement uary 21, 1971. right to a hearing and all other procedural rates established by the Board in Order steps short of a final decision by the Board, The Postmaster General filed a notice E-25610, August 28, 1967, as amended; and the Board may enter an order incorpo­ of intent December 17, 1970, pursuant to (b) For nonpriority mail, the multi­ rating the findings and conclusions proposed 14 CFR Part 298, petitioning the Board element rates established by the Board therein and fix and determine the final rate to establish for Executive Airlines, Inc. specified therein; (Executive), an air taxi operator, final in Order 70-4-9, April 2, 1970; and 3. If answer is filed presenting issues for service mail rates for the transportation (c) The rates and provisions of Orders hearing, the issues involved in determining E-25610 and 70-4-9 shall be applicable the fair and reasonable final rate shall be of priority and nonpriority mail by air­ limited' to those specifically raised by the craft between (1) Boston, Mass., and Al­ to Executive Airlines, Inc., on a tem­ answer, except insofar as other issues are bany, N.Y., via Worchester, Mass., and porary basis, subject to such retroactive raised in accordance with Rule 307 of the Keene, N.H., and (2) Boston, Mass., and rules of practice (14 CFR 302.307). Burlington, Vt., via Lebanon, N.H., and 1 The service mail rates established by those [FR Doc.71-1251 Filed l-28-71;8:49 am] Montpelier, Vt. orders provide for terminal charges per pound of mail originated of 2.34 cents at Albany No service mail rates are currently in [Docket No. 22628; Order 71-1-1H ], and Boston, 4.68 cents at Burlington, and 9.36 effect for this transportation by Execu­ cents at Keene, Lebanon, Montpelier, and INTERNATIONAL AIR TRANSPORT tive. The Postmaster General requests Worchester, plus line-haul charges per mail ASSOCIATION that the multielement service mail rates ton-mile of 24 cents for priority mail and 11.33 cents fox' nonpriority mail. established for priority mail by Order 1 As this order to show cause is not a final Reduced Fares for Spouses of E-25610, August 28,1967, in the Domestic action, it is not regarded as subject to the Passenger Sales Agents Service Mail Rate Investigation, and for review provisions of 14 OFR Part 385. These provisions will apply to final action taken by Adopted by the Civil Aeronautics nonpriority mail by Order 70-4-9, April the staff under authority delegated in sec­ Board at its office in Washington, D.C., 2,1970, Nonpriority Mail Rates, be made tion 385.16(g). on the 25th day of January 1971.

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 NOTICES 1437

An agreement has been filed with the £. The Board finds that it is in the On October 6, August 12, and Octo­ Board pursuant to section 412(a) of the public interest to defer action for a ber 14, 1970, Pan Am,* Eastern,® and Na­ Federal Aviation Act of 1958 (the Act) period of 30 days on Agreement CAB tional,* respectively, filed applications for and Part 261 of the Board’s economic 22068, R-22 (Resolution 203, Reduced Tampa-Mexico City nonstop authority. regulations, between various air carriers, Fares for Passenger Agents-U.SA.- Pan Am further filed an application6 for foreign air carriers, and other carriers, Amending) so as to receive comments in exemption authority to operate Tampa- embodied in the resolutions of the Com­ support of or in opposition to the Board’s Mexico City nonstop service pendente posite Passenger Conference of the In­ proposed disapproval. lite. In support of its application. Pan ternational Air Transport Association 2. The Board does not find AgreementAm relies primarily on the reduction of (IATA). The agreement, which was CAB 22068, R-23 (Resolution 203, Re­ its losses in that market which allegedly adopted at the Honolulu Worldwide duced Fares for Passenger Agents-Except would result from an increased and more Passenger Fare Conference has been U.S.A.-Amending) to be adverse to the efficient schedule pattern between Miami assigned the above-designated CAB public interest or in violation of the Act. and Mexico City* Agreement number. Accordingly, it is ordered, That: The Tampa Bay Area Parties (Tampa The IATA carriers have filed amend­ 1. Action on Agreement CAB 22068, Parties) filed an answer in support of ments to two resolutions relating to R-22 (Resolution 203, Reduced Fares for Pan Am’s exemption request. reduced fares for spouses of passenger Passenger Agents-U.S.A.-Amending) is National Airlines, Inc. (National) filed agents. One amends the resolution for deferred with a view toward disapproval an answer which does not oppose Pan application to passenger agents located as it would permit spouses of travel Am’s exemption request, subject to an in the United States and the other agents to travel on reduced fares; and “ understanding” that this is without amends the existing resolution relating 2. Agreement CAB 22068, R-23 (Res­ prejudice to its own application for to the facility for passenger agents based olution 203, Reduced Fares for Passen­ Tampa-Mexico City nonstop service as in other countries. These resolutions, ger Agents-Except U.S.A.-Amending) is well as its right to petition for suspension which are discussed below, are intended approved. of Pan Am’s present certificate between Tampa and Mexico City. to become effective April 1,1971. Any air carrier party to the agree­ The Honolulu agreement amends both Eastern filed an answer in opposition ments, or any interested person, may, to Pan Am’s exemption request and Pan resolutions to permit the spouse of each within 30 days from the date of service eligible person (agent) traveling, to ac­ Am filed a reply to National’s and East­ of this order, submit statements in writ­ ern’s answers. company that agent at a discounted fare ing containing reasons deemed appro­ not exceeding 50 percent of the appli­ Upon consideration of the foregoing priate, together with supporting data, in cable fare. Presently, spouses of agents pleadings and the relevant facts, we have support of or in opposition to the Board’s cannot travel at reduced fares. decided (1) to institute an investigation action and/or proposed action herein. We will herein approve the agreement into the need for U.S.-flag Tampa-Mex­ as it relates to reduced fares for spouses An original and 19 copies of the state­ ico City nonstop service, pursuant to the ments should be filed with the Board’s of travel agents outside the United amended U.S.-Mexico bilateral Air Docket Section. The Board may, upon States. We will defer action, with a view Transport Agreement, and (2) to deny consideration of any such statements toward disapproval of the agreement as the request of Pan Am for an exemption it relates to reduced fares for spouses of filed, modify or rescind its action herein pendente lite for Tampa-Mexico City travel agents located in the United with respect to agreements approved by nonstop authority. . States. subsequent order. We are not persuaded that this is an Generally speaking, it has not been This order will be published in the appropriate situation for the exercise of demonstrated that by granting dis­ F ederal R e g ister . the Board’s extraordinary exemption counted air fares to the spouses of powers. agents, the agents’ ability to sell air By the Civil Aeronautics Board. Pan Am argues that the authority re­ transportation will be enhanced. The [ s e a l] H a r r y J. Z i n k , quested would reduce the losses of its concept of reduced fares to travel agents Secretary. operation. However, in the present cir­ is predicated on the business needs of JFR Doc.71-1252 Filed l-28-71;8:49 am] cumstances, that factor standing alone the carriers and agents, including travel is not sufficient to warrant grant of an for familiarization purposes as well as exemption. Pan Am has not established [Dockets Nos. 23040, 22625; Order 71-1-118] that required in the day-to-day conduct that enforcement of the Act would be an of business activities. In fact, the IA T A TAMPA-MEXICO CITY NONSTOP resolutions providing for reduced fares undue burden on it and not in the public for passenger agents stipulate that the SERVICE INVESTIGATION AND PAN interest. reduced fares* are “ for the purpose of AM ERICAN WORLD AIRWAYS, Accordingly, it is ordered, That: enhancing the professional ability and INC 1. An investigation designated the capacity of Approved Agents to generate, Application for an Exemption Tampa-Mexico City Nonstop Service In­ promote and sell international air pas­ vestigation, be and it hereby is instituted senger transportation.” 1 We will, how­ Adopted by the Civil Aeronautics in Docket 23040 pursuant to sections 204 ever, defer action for a period of 30 days Board at its office in Washington, D.C. on for the receipt of comments in support (a) and 401(g) of the Federal Aviation of or in opposition to this proposed the 26th day of January, 1971. Act of 1958, as amended, to consider the action. On August 1, 1970, the United States need for authorization of U.S.-flag serv­ As regards agents located outside the concluded amendments to a bilateral Air ice between Tampa and Mexico City on a united States, it is our opinion that those Transport Agreement with the Mexican nonstop basis; agents (and their spouses) should have Government authorizing, inter alia, non­ 2. The following applications are at least the same opportunity to travel stop air service between Tampa and Mex­ to the United States as to other coun­ hereby consolidated with the above in­ tries. To require more restrictive stand­ ico City by a designated U.S.-flag carrier. vestigation; Pan American Airways, Inc., ards, with respect to travel to the United At present Pan American World Airways, Inc. (Pan Am) is authorized to operate ¡states in order to achieve uniformity ■» Docket 22624. among agents in “ air transportation” one-stop service between Tampa and •Docket 22467. fn ?,serve create a greater incentive Mexico City.1 * Docket 22645. the sale of transportation between s Docket 22625. °ther countries. •Pan Am proposed to operate a circular 1 Pan Am Is required to serve Merida, in'?1« a?oard» acting pursuant to sections schedule pattern; Le., Sundays, Wednesdays, Mexico, pursuant to Condition (12) In Fan tho f v,4(a) 412 of the Act, makes and Fridays, the aircraft would operate Mex­ tne following findings; Am ’s certificate of public convenience and ico City-Tampa-Miami-Merida-Mexico City, necessity for route 136 on all flights between while on Mondays, Thursdays, and Satur­ Miami and Tampa, on the one hand, and days, it would operate Mexico Gity-Merida- 1 fATA Resolution 80S. Mexico City, on the other hand. Miami-Tampa-Mexico City.

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 1438 NOTICES

Docket 22624; and National Airlines, Inc., In support of its proposals, TW A jointly by the Society of American Docket 22645;7 claims, inter alia, that (1) a need for Florists and the National Fisheries In­ 3. Applications and motions to con­ additional freight revenues exists as a stitute, Inc., in Docket 22948 are dis­ solidate and motions or petitions seeking result of continuing losses in cargo op­ missed, except to the extend granted modification or reconsideration of this erations, (2) the rate of inflation has herein; and order shall be filed no later than 20 days outpaced the average percentage revenue 5. Copies of this order shall be filed after the service of this order, and an­ increase resulting from the mid-1970 with the tariff and shall be served upon swers to such pleadings shall be filed general rate increases, and (3) the rates Trans World Airlines, Inc„ and the within 15 days thereafter; proposed are based upon costs by ship­ Society of American Florists and the Na­ 4. This proceeding shall be set for ment size and length of haul. tional Fisheries Institute, Inc., which are hearing at a time and place to be desig­ The general commodity rates proposed hereby made parties to Docket 23039. would result in increases ranging up to nated hereafter; This order will be published in the 28 percent. Such increases, at one time, 5. The application of Pan American F ederal R e g ist e r . World Airways, Inc., Docket 22625, for have the potential for very significant an exemption be and it hereby is denied; adverse effects upon many shippers. By the Civil Aeronautics Board. While TW A contends that its proposed and [ s e a l ] H ar r y J. Z i n k , rate structure comports with its unit cost 6. A copy of this order shall be served Secretary. patterns, this is a highly complex and upon Pan American World Airways, Inc., controversial area. [FR Doc.71-1254 Filed l-28-71;8:49 am] Eastern Air Lines, Inc., National Air­ In Order 70-12-143, dated Decem­ lines, Inc., The Tampa Bay Area Parties, ber 28,1970, the Board suspended, pend­ and each carrier and civic party desig­ ing investigation, mainland general com­ nated for service in Docket 22625. modity rate increases proposed by United FEDERAL COMMUNICATIONS This order shall be published in the Air Lines, Inc., which also ranged as F ederal R eg iste r . high, as 28 percent. Consistent with the COMMISSION By the Civil Aeronautics Board. foregoing order, and upon consideration of other relevant matters, the Board [Dockets Nos. 18308, 18793; FCC 71-54] [ s e a l ] H ar r y J. Z i n k , finds that TW A’s proposed general com­ CHRISTIAN VOICE OF CENTRAL OHIO Secretary. modity rates may be unjust, unreason­ AND DELAWARE-GAHANNA FM [P R Doc.71-1253 Piled l-28-71;8:49 am] able, unjustly discriminatory, unduly preferential, or unduly prejudicial or RADIO BROADCASTING STATION, otherwise unlawful, and should be sus­ INC. [Dockets Nos. 23039, 22859; Order 71-1-114] pended pending investigation. TRANS WORLD AIRLINES, INC. Although many of TW A’s proposed Memorandum Opinion and Order rate increases are moderate in extent, Enlarging Issues Order of Suspension and Investigation we shall suspend all of the general com­ In regard applications of Christian Adopted by the Civil Aeronautics modity rates filed because suspension of Voice of Central Ohio, Gahanna, Ohio, Board at its office in Washington, D.C. only the larger increases would leave in Docket No. 18308, File No. BPH-6137; on the 26th day of January 1971. effect a distorted general rate structure and Delaware-Gahanna FM Radio By tariff revisions1 bearing the posting not proposed by TWA. Broadcasting Station, Inc., Delaware, date of December 16, 1970, and marked TW A ’s proposed rates will automat­ Ohio, Docket No. 18793, File No. BPH- to become effective January 30, 1971, ically be under investigation in Docket 7004; for construction permits. Trans World Airlines, Inc., (TW A ) pro­ 22859, Domestic Air Freight Rate In­ 1. The Commission has before it for poses to increase all its mainland gen- vestigation, and Docket 21474, In the consideration: (a) A memorandum eral commodity rates according to the Matter of Air Freight Rates on Live opinion and order of the Review Board, following formula: Animals and Birds. FCC 70R-278, 24 FCC 2d 709, released Accordingly, pursuant to the Federal August 10, 1970; (b) an application for Minimum weight Increase per Aviation Act of 1958, and particularly (in pounds) 100 pounds review filed by Christian Voice of Cen­ sections 204(a) and 1002 thereof, tral Ohio (CVCO), on August 17, 1970; 2 cents (per pound) Under 100------I t is ordered, That: (c) an opposition to the application for 100------$2.00 1. An investigation is instituted to 500------1.25 review, filed by Delaware-Gahanna FM 1,000 and over------.75 determine whether the rates and charges Radio Broadcasting Station, Inc. (D-G), described in Appendix A hereto3 and on August 27, 1970; (d) comments on A complaint requesting suspension and rules, regulations, or practices affecting the application for review filed by the investigation of the proposed rates to such rates and charges, are or will be Chief, Broadcast Bureau (Bureau), on the extent that they would apply to floral unjust, unreasonable, unjustly discrimi­ August 27, 1970 ; and (e) a reply filed by and fishery products was filed jointly by natory, unduly prejudicial, or otherwise CVCO on September 4,1970. the Society of American Florists and the unlawful, and if found to be unlawful, to 2. This proceeding began when the National Fisheries Institute, Inc.2 The determine and prescribe the lawful rates Commission designated for evidentiary complainants assert, inter alia, that the and charges and rifles, regulations and hearing the mutually exclusive applica­ proposed rates would be unreasonably practices affecting such rates and tions of CVCO and Delaware-Maryville high and would divert a considerable charges; Broadcast Service, Inc. (D -M ), 14 FCC amount of floral and seafood traffic to 2. Pending hearing and decision by 2d 576 released September 11, 1968. surface transportation. the Board, the rates and charges de­ CVCO and D-M thereafter filed a joint scribed in Appendix A hereto are sus­ petition for approval of an agreement 7 Because Eastern’s application includes pended and their use deferred to and in­ looking toward the dismissal of the D-M other authority which may be heard in sepa­ cluding April 29, 1971, unless otherwise application in return for partial rate proceedings, we will not consolidate ordered by the Board, and that no reimbursement of its out-of-pocket ex­ its application as framed; the carrier is, how­ changes be made therein during the penses. By memorandum opinion and ever, free to move consolidation of an appli­ period of suspension except by order or cation conforming to the scope of this pro­ special permission of the Board; order, 16 FCC 2d 879, released March 24, ceeding in accordance with ordering 3. Docket 23039 initiated herein be 1969, the Review Board (Board) with­ paragraph 3. held further action on the joint petition 1 Revisions to Airline Tariff Publishers, consolidated into Docket 22859, Domestic Inc., Agent’s Tariffs CAB No. 8 (Agent J. Air Freight Rate Investigation; pending publication, pursuant to § 1-525 Aniello Series). 4. The complaints filed by Emery Air (b) of the rules. On May 12, 1969, an 2 A telegraphic complaint was filed by Freight Corp., in Docket 22953 and application for a new FM station in Emery Air Freight Corp., but was not fol­ lowed by a formal complaint as required by Delaware, Ohio, was tendered for filing the Board’s economic regulations. s Filed as part of original document. by a partnership composed of Charles

FEDERAL REGISTER, VOL. 36, NO. 2 0 — FRIDAY, JANUARY 29, 1971 NOTICES 1439

Gordon, et al., doing business as Del- sheets, but contended that the cash on CVCO’s mutually exclusive application aware-Gahanna PM Radio Broadcast­ hand account was inadvertently in­ to D-G investors or potential investors. ing Station. On February 12, 1970, the creased by a “bookkeeping error” and In support "thereof, CVCO essentially Commission released an order accepting that the pledges receivable account was reiterates the prior contentions raised this application for filing, and consoli­ increased only after the Ohio Division in its earlier petition to enlarge issues, dated it for hearing with applications of of Securities permitted D-G to solicit and contends that it has, in essence, CVCO and D-M. Subsequently, the pledges, following a conference with that made a prima facie showing justifying Board, by memorandum opinion and State agency on May 15, 1969. CVCO, the requested hearing issues; that fail­ order released March 6, 1970, dismissed however, took issue with D-G, stating ure of the Board to recognize this fact the D-M application (22 FCC 2d 13). that the cohference occurred “ on or is reversible error; and that the Com­ 3. On March 5,1970, CVCO petitioned about May 19, 1969,” 4 days after the mission, at this juncture of the pro­ the Board to enlarge the hearing issues May 15, 1969, balance sheet showing ceeding, should review and reverse the ii . this evidentiary proceeding. The pe­ $60,000 in “Pledges Receivable.” Board’s interlocutory rulings regarding tition alleged numerous inconsistencies 5. In refusing to add a hearing issue, these particular matters. between the information contained in the the Board found that the discrepancies 7. D-G opposes the application for re­ filings of D-G with this Commission and between the, two balance sheets were view. As it did before the Board, D-G with the Division of Securities of the adequately explained by D-G; that the sets forth its version of both the circum­ State of Ohio. The petition also alleged only other substantive allegation pre­ stances leading to the discrepancies in that D-G had been guilty of misrepre­ sented by CVCO is a possible misstate­ its balance sheets and the circumstances sentations to actual and prospective in­ ment by D-G of a date of a conference under which potential investors were vestors, regarding the comparative sta­ held by the Ohio authorities; and that* solicited. Based upon these reiterations, tus of its application. The misrepresen­ such ,a showing was grossly insufficient D-G concludes that it has resolved all tations and discrepancies considered by to establish CVCO’s major contention substantial questions regarding these two the Board fall into the following prin­ that D-G sold securities in violation of matters; that the Board properly found cipal areas: (1) Misrepresentations to the cease and desist order of the State this to be-the case; that contrary to the Commission regarding a cease and of Ohio. Moreover, the Board further CVCO’s contentions, the Board’s rulings desist order issued by Ohio Division of concluded that in the absence of further are both legally and factually sound; and Securities, and sales of partnership in­ affirmative action by the Ohio author­ that, therefore, such rulings should not terests in violation thereof;. (2) mis­ ities, it would be inappropriate to add be disturbed by the Commission. The representations to actual and potential an issue inquiring into alleged violations Bureau has filed comments supporting D-G investors and subscribers; (3) dis­ of an order solely within the jurisdiction CVCO’s request for the addition of issues. crepancies in balance sheets, registration of the State of Ohio. Having concluded It is the position of the Bureau that statements and other pertinent infor­ that an issue should not be specified in there are substantial and material un­ mation filed with the Commission and this respect, the Board further concluded resolved questions of fact surrounding with the State of Ohio; and (4) dis­ that an associated issue inquiring into the markedly different balance sheets of crepancies in statements made by per­ both the identity of D -G ’s pledgors and D-G; that CVCO has also presented suf­ sons buying and selling pledges, stock the dates of their pledges was not war­ ficient information to warrant an inquiry subscriptions or securities of D-G. By ranted. CVCO’s request for a hearing as to whether or not investors have been memorandum opinion and order, 24 issue inquiring into the alleged failure taken advantage of in soliciting capital FCC 2d 709, released August 10, 1970, of D-G to inform prospective investors funds by D-G; and that contrary to the the Board granted in part and denied in and subscribers of the pendency of a Board’s findings and D -G ’s allegations, part the CVCO petition to enlarge is­ comparative hearing was also refused by there are significant unresolved matters sues. In doing so, the Board added four the Board. In doing so, the Board held in these areas which justify further ex­ hearing issues to this proceeding, each that D -G ’s one omission, i.e., the failure ploration in the evidentiary process. of which inquires into a specific area of to inform Charles P. Hagan, Jr. (an ini­ CVCO has replied to D -G ’s opposition alleged misrepresentation and/or con­ tial partner in D-G, who subsequently and the Bureau’s comments, restating its cealment by D-G. The Board’s findings withdrew from the partnership) that prior position taken before the Board and conclusions regarding these matters D -G faced a comparative hearing, does and again repeated in its application for are not before us for review and, ac­ not warrant the requested issue nor does review. cordingly, are not set forth herein. it constitute a misrepresentation. More­ 8. We believe that CVCO’s application 4. In the same order, however, the over, the Board further concluded that for review raises valid questions regard­ Board declined to add hearing issues in­ D-G’s failure to inform Hagan of the ing certain interlocutory rulings in this quiring into certain other alleged irreg­ comparative status of its applications is adjudicatory case which are fundamen­ ularities by D-G, which CVCO alleged insufficient to sustain CVCO’s general tal and which could affect the entire in its petition to enlarge issues. The contention that other D -G investors conduct of this proceeding. Accordingly, Board’s rulings in this respect are be­ were likewise misinformed. A claim was we find that the public interest will be fore us for review, and both of the par­ also made by one Reverend Sanders that served by our review of these matters at ties’ contentions and the Board’s rulings false representations were made to him; this juncture of the proceeding, rather are as follows. CVCO averred that in a however the Board refused to consider than at the time when exceptions are balance sheet dated May 9, 1969, sub­ this matter because CVCO first raised filed. Moreover, the evidentiary hearing mitted with D-G’s application to this such contentions in a reply pleading. in this case has been postponed by the Commission, the applicant showed no 6. Presently before us is CVCO’s ap­ presiding Examiner pending the deter­ Pledges Receivable” , whereas in a bal­ plication for review, which was filed on mination of other matters before the Commission, and thus, thé action taken ance sheet dated May 15, 1969, filed August 17, 1970. CVCO complains that herein will neither disrupt the orderly with the Ohio Division of Securities, D-G the Board, in the above-described mem­ processes of this case nor will it un­ showed “Pledges Receivable” of $60,000. orandum opinion and order, erroneously yVCO also contended that the identity duly inconvenience the parties in their failed to enlarge the hearing issues in preparations. of individuals pledging the $60,000 to this comparative proceeding on matters 9. We have fully considered the memo­ D-G was not made known to either the equally significant to those for which randum opinion and order of the Review Ohio Division of Securities or to the hearing inquiries were ordered. CVCO Board and the respective pleadings Commission and that these pledges were believes that the Board should have thereto. A ftef careful analysis, we con­ not disclosed until December 4, 1969, ordered inquiries to determine the facts clude that additional hearing issues nearly 7 months later, when D-G filed surrounding the inconsistent May 9 and should be specified in this proceeding. an amendment with the Commission up­ May 15 balance sheets of D-G submitted We believe an issue is warranted to au­ dating its balance sheet to show a total to this Commission and to the State thorize an inquiry into the discrepancies °f $58,350 of stock either paid for or of Ohio, respectively, and to determine surrounding D-G's May 9 and May 15 subscribed. In reply thereto, D-G con­ whether or not D -G misrepresented balance sheets. A spectre of confusion ceded the discrepancies in the balance and/or concealed the existence of and voluminous assertions by all parties

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 1440 (NOTICES have arisen in this respect. Based upon allegations and conclude that they lend 1969, and May 15, 1969, balance sheets all the information now before us, we further support to our determination that and amendment thereto of December 4, are unable to glean the necessary facts substantial and material unresolved 1969, of Delaware-Gahanna FM Radio upon which to render a public interest questions of fact exist warranting a hear­ Broadcasting Station, Inc.; and based determination. For instance, D -G asserts ing inquiry into the circumstances sur­ thereon, to determine whether deliberate that the discrepancies were due to book­ rounding D -G’s May 9 and May 15 bal­ misrepresentations and/or concealment keeping errors and additional invest­ ance sheets. of pertinent facts have been made or ments by its original principals, but 11. We are also persuaded that a hear­ withheld from the Commission which CVCO continually refutes these expla­ ing issue inquiring into whether D-G would reflect adversely on Delaware- nations. We are further troubled by the made misrepresentations to actual and Gahanna; FM Radio Broadcasting Sta­ fact that D-G made substantial changes prospective investors is likewise war­ tion, Inc.’s basic or comparative quali­ in its capital picture between May and ranted. As the Board recognized, it has fications to be a Commission licensee. December 1969, of which we were not in­ been shown that D-G did in fact on one (b) To determine whether Delaware- formed. The Board attempted to dismiss occassion fail to advise one of its in­ Gahanna FM Radio Broadcasting Sta­ this matter, apparently considering such vestors (Charles P. "Hagan, Jr.) of the tion, Inc., misrepresented itself to actual changes insignificant because 51 percent comparative status of its application. and prospective investors in its attempts of the ownership of D-G was still re­ The significance of such information to to capitalize and, if so, whether such tained by D -G ’s original partners. How­ potential investors, we believe, is borne conduct reflects adversely on Delaware- ever, CVCO asserts that these persons out by the fact that upon being apprised Gahanna FM Radio Broadcasting Sta­ held only 36.02 percent of the D-G capi­ of the comparative status of the applica­ tion, Inc.’s basic or comparative qualifi­ tal stock as reported in D -G ’s Decem­ tion, Hagan elected to withdraw his cations to be a Commission licensee. ber 4, 1969, amendment to its applica­ pledge to D-G. Moreover, D -G’s respon­ 15. It is further ordered, That the tion.1 Moreover, we find that section H sibility to divulge such information when initial burden of proceeding with the in­ of D -G’s application is not particularly soliciting capital investments, we be­ troduction of the evidence under the illuminating in this respect, since only lieve, is fundamental and pertinent to issues added herein shall be upon the names of the partners are reflected any reasoned determination regarding Christian Voice of Central Ohio and the therein and no reference is made to the an applicant’s qualifications to be a Com­ burden of proof shall be upon Delaware- amount of their capital contributions. mission licensee. While we are not Gahanna FM Radio Broadcasting Sta­ While it is true that the parties have prepared to say that this one act of tion, Inc. omission and/or concealment of mate­ submitted some supporting documenta­ Adopted: January 20, 1971. tion to corroborate their contentions, we rial information by D -G’s principals is find that such information is equally in­ sufficient to sustain CVCO’s charge, Released: January 25, 1971. neither are we prepared to say that the conclusive and insufficient and does not F ederal C ommunications public interest would not be served by warrant acceptance of one party’s as­ C o m m is s io n ,3 further exploration of this matter in the sertions to the exclusion of the other. For [ s e a l ] B e n F. W a p l e , these reasons, we believe that this matter evidentiary process. This is so, we be­ Secretary. should be thoroughly examined in the lieve, because of the seriousness of the evidentiary hearing where all parties allegations and because D-G has failed, fF R Doc.71-1256 Filed 1-28-71:8:49 am] would have the opportunity to present in our opinion, to adequately refute them evidence in their own behalf, subject to in its pleadings.® [Docket No. 19143] the test of cross-examination. 12. In specifying the following hear­ 10. Moreover, we are not persuaded, asing issues in this proceeding we wish to EQUAL EMPLOYMENT the Board was, that CVCO’s allegations, emphasize that they have been drafted OPPORTUNITY COMMISSION both with respect to the discrepancies sufficiently broad so as not to restrict or (EEOC), ET AL. unduly limit the scope of all relevant and in D-G’s balance sheets and with respect Memorandum Opinion and Order to the inconsistent statements concern­ material evidence which should be ad­ ing the date of a conference between mitted to compile a complete and proper Instituting Hearing; Correction record. Moreover, the conduct of the D -G and the Ohio Division of Securities In the Commission’s Memorandum were submitted to indicate no more than hearing, which necessarily encompasses the admissibility of evidence dependent Opinion and Order, FOC 71-75 (58371), a possible misstatement regarding the adopted January 21,1971 (36 F.R. 1287), date of that conference, nor are they to upon its materiality and relevance, is properly within the purview of the issues (A ) and (D ), adopted therein, be considered, in the context of this case, should be corrected to read as follows: solely for determining whether a hear­ Hearing Examiner, and he can provide adequate protection against surprise and (A ) Whether the existing employment ing issue should be added to inquire into practices of A.T. & T. tend to impede D -G’s possible violations of the Ohio other unfairness. Consequently, we find no need to add specific hearing issues, as equal employment opportunities in cease and desist order. Our examination A.T. & T. and its operating c o m p a n ie s of CVCO’s petition to enlarge issues and CVCO suggests, to inquire into both the identity of D -G pledgors before and contrary to the purposes and require­ other responsive pleadings clearly indi­ ments of the Commission’s rules and cates that in alleging these irregularities, after its May 15,1969, balance sheet was prepared and the identity of prospective regulations and the Civil Rights Act of and others, CVCO sought something more 1964? in this comparative proceeding, i.e., a investors sought by D-G in its attempt to solicit capital investments. (D) Whether, and in what manner, broad misrepresentation issue against any of the employment practices of D -G because of contradictory informa­ 13. Accordingly, it is ordered, That the application for review, filed August 17, A.T. & T., if found to be discriminatory, tion and statements submitted to this 1970, by Christian Voice of Central Ohio affect the revenues or expenses of Commission. Accordingly, on our own is granted to the extent indicated herein, A.T. & T., or otherwise affect the rates motion, we have so considered CVCO’s and is denied in all other respects. charged by that company for its inter­ 14. I t is further ordered, That the is­ state and foreign communication serv­ i The Commission’s associated memoran­ sues in this proceeding are enlarged by ices, and if so, in what ways this is re­ dum opinion and order adopted today, which the addition of the following issues: flected in the present rate structure? disposes of a petition for reconsideration filed (a) To determine the facts and cir­ Released: January 25, 1971. by CVCO on Mar. 16, 1970, thoroughly con­ cumstances surrounding the May 9, siders and deals with D -G ’s change of own­ F ederal C ommunications ership structure and the resultant effect C o m m is s io n , 2 The allegations of the Reverend M r. thereof. Thus, our references to the parties’ [ s e a l] B e n F . W a p l e , contentions regarding the percentages of Sanders raise serious questions regarding Secretary. ownership interests in D-G are set forth D-G’s refutations. Though improperly herein merely to point out the apparent pleaded, such information is material and [FR Doc.71-1257 Filed l-28-71;8:49 am] -financial discrepancies in the two D -G bal­ relevant to any reasoned determination in ance sheets, and the need to explore further t.Tiiw case and, accordingly, on our own mo­ * Commissioner Houser not participating. this matter in an evidentiary hearing. tion, these allegations have been considered.

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 NOTICES 1441 1

Docket No. Price per Pres­ FEDERAL POWER COMMISSION and date filed Applicant Purchaser and location Mcf sure , base [Docket No. G-4421, etc.]

HASSIE HUNT TRUST ET AL. G-4421...... : Hassle Hunt Trust (Operator) et al., Texas Eastern Transmission Corp., Depleted ...... D 12-30-70 1401 Elm St., Dallas, T X 75202 Northeast Lisbon Field, Claiborne (partial abandonment). Parish, La. Notice of Applications for Certificates, G-10033—...... Petroleum, Inc. (Operator) et al., Cities Service Gas Co., acreage in Depleted . Abandonment of Service and Peti­ D 1-4-71 300 West Douglas, Wichita, KS Barber County, Kans. 67202 (partial abandonment), tions To Amend Certificates 1 G-11863...... Mobil Oil Corp., Post Office Box Lone Star Gas Co., Graham Area, 21.0 14.65 C&D 10-23-70 1 1774, Houston, T X 77001. Carter County, Okla. J a n u a r y 20, 1971. G-13826...... do...... Northern Natural Gas Co., Parnell 18.0675 14.65 C 12-28-70 2 and Northrup Field, OchUtree Take notice that each of the applicants County, Tex. listed herein has filed an application or CI60-122______Texas San Juan Oil Corp., 1126 Tennessee Gas Pipeline Co., a division Depleted _ ° D 11-27-70 Mercantile Securities Bldg., Dal­ of Tenneco Inc., acreage in Jim petition pursuant to section 7 of the Nat­ las, T X 75201 (partial abandon­ Wells and Duval Counties, Tex. ural Gas Act for authorization to sell nat­ ment) . CI62-522...... J. M. Huber Corp., c/o James B. Panhandle Eastern Pipe Line Co., 17.0 14.66 ural gas in interstate commerce o r to C 11-5-70 Reed, General Attorney, 2300 acreage in Texas County, Okla. abandon service as described herein, all West Loop, Houston, T X 77027. as more fully described in the respective CI62-865...... Lewis S. DeBrular d.b.a. Stephen Consolidated Gas Supply Corp.; 25.0 15.325 E 12-18-70 Gas Co. (successor to Shall Min­ Freemans Creek District, Lewis applications and amendments which are eral Associates, Inc., et al.), Cam­ County, W. Va., and Court House on file with the Commission and open to den, W. V. 26338. District, Lewis County, W. Va; CI64-4618-_...... The South Coast Corp. '(successor Tennessee Gas Pipeline Co., a division ‘ 21. 26 15.026 public inspection. E 10-27-70 to Shore OU Co.), c/o Robert L. of Tenneco Inc., Patterson Field, Any person desiring to be heard or to Goodwin, Esq., Exchange Oil & 3t. Mary Parish, La. make any protest with reference to said Gas Corp., 1200 Oil and Gas Bldg., New Orleans, L A 70112. applications should on or before Febru­ CI64-670____.... Marathon Oil Co., 539 South Main Arkansas Louisiana Gas Co., Wilbur* Assigned. ary 12, 1971, file with the Federal Power D 1-4-71 St., Findlay, OH 45840. ton Field. Le Flore County, Okla; CI65-631...... Hunt Petroleum Corp., 1401 Elm Northern Natural Gas Co., South Six (*) Commission, Washington, D.C. 20426, D 12-31-70 St., Dallas, T X 75202.' MUe Field, Beaver County, Okla; petitions to intervene or protests in ac­ CI66-260...... Edison J. Parsons et al., 1001 Charles- Consolidated Gas Supply Corp;, (*) D 11-23-70 ton National Plaza, Charleston, Ripley District, Jackson County, cordance with the requirements of the WV 25301 (partial abandonment). W. Va. CI67-16513------Owen OU Co., Inc, (Operator) et al. Trunkline Gas Co., Lake Arthur 19.5 15. 025 Commission’s rules of practice and pro­ E 11-23-701 (successor to Ladd Petroleum Field, Jefferson Davis Par sh, La; 7 20.0 cedure (18 CFR 1.8 or 1.10). All protests Corp. (Operator) et al.), Post Office Box 51288, Lafayette, LA filed with the Commission will be consid­ 70501. CI60-8388------Exchange OU & Gas Corp. (Oper- Gas Gathering Corp., South Klondike Depleted . ered by it in determining the appropriate (CI71-488) atCr) et al., 16th Floor, 1010 Com- Field, IberviUe Parish, La. action to be taken but will not serve to B 12-23-70 « mon St., New Orleans, LA 70112. CI70-179 10------Petroleum, Inc., 300 West Douglas, Panhandle Eastern Pipe Line Co., Depleted - make the protestants parties to the pro­ B 12-28-70 Wichita, KS 67202. acreage in Woodward County, Okla. CI70-986...... Cleary Funds, Inc. et al., c/o G. D. Panhandle Eastern Pipe Line Co., 20.0 14.65 ceeding. Persons wishing to become par­ C 8-28-70 Ashabranner, attorney, Lawyers Salon Field, Ellis County, Okla. ties to a proceeding or to participate as a Bldg., 219 Couch Dr,, Oklahoma City, OK 73102. party in any hearing therein must file C171-418-...... Burk Gas Corp. (successor to Northern Natural Gas Co., South­ 18.0 14.65 (C162-1388) Atlantic Richfield Co.). 800 OU east Flores Field, Beaver County, petitions to intervene in accordance with F 11-9-70 & Gas Bldg., Wichita Falls, T X Okla. the Commission’s rules. 76301. C171-459.-...... Inexco OU Co., 308 Lincoln Tower Natural Gas Pipeline Co. of America, »28.0 16.025 Take further notice that, pursuant to A 12-7-70 Bldg., Denver, CO 80203. South Mermentau Area, Acadia as amended Parish, La. the authority contained in and subject to 12-17-70 the jurisdiction conferred upon the Fed­ CI71-467...... Ashland OU, Inc., Post Office Box Industrial Gas Corp., McCorkle Field, 25.0 15.325 A 12-10-70 18695, Oklahoma City OK 73118. Lincoln, Kanawha, and Boone eral Power Commission by sections 7 and Counties, W. Va. CI71-479.3...... Marathon OU C o...... Plateau Natural Gas Co., Hugoton «13.0 14.65 15 of the Natural Gas Act and the Com­ A 12-14-70 « Field, Stevens County, Kans. «16.0 mission’s rules of practice and procedure CI71-481...... Tamarack Petroleum Co., Inc., Tennessee Gas Pipeline Co., a divi­ (**) B 12-18-70 Agent et al., 910 Bank of the sion of Tenneco Inc., West Ross a hearing will be held without further no­ Southwest Bldg., Midland, T X Field, Starr County, Tex. tice before the Commission on all appli­ 79701. C171-482...... d o...... Tennessee Gas Pipeline Co., a divi­ (“) cations in which no petition to intervene B 12-18-70 sion of Tenneco Inc., Seven Sisters Queen City Field, Duval County, is filed within the time required herein if Tex. CI71-483...... Tamarack Petroleum Co., Inc. Panhandle Eastern Pipe Line Co., (“ ) the Commission on its own review of the B 12-18-70 (Operator) et al. North Hansford Tonkawa Field, matter believes that a grant of the cer­ Hansford County, Tex. CI71-484.--...... Prudhoe Production Inc. (Opera- Natural Gas Pipeline Co. of America, 24.25 14.65 tificates or the authorization for the pro­ A 12-21-70 tor), et al., 301 First National North Willamar Field, Willacy posed abandonment is'required by the Bank Bldg., McAUen, T X 78501. County, Tex. CI71-485-...... Merchants Petroleum Co., 1636 West Equitable Gas Co., Henry District, 32.0 16.325 public convenience and necessity. Where A 12-21-70 Eighth St., Los Angeles, CA Clay County, W. Va. 90017. a petition for leave to intervene is timely CI71-486.--...... Samedan OU Corp. et al., Post Michigan Wisconsin Pipe Line Co;, 20.0 14.65 A 12-21-70 Office Box 909, Ardmore, OK North Lovedale Field, Harper hied, or where the Commission on its own 73401. County, Okla. motion believes that a formal hearing is CI71-487—...... Exchange OU & Gas Corp. (Opera- Tennessee Gas Pipeline Co., a divi­ Depleted . B 12-23-70 tor) et al. sion of Tenneco Inc., South Tigre required, further notice of such hearing Lagoon Field, Iberia Parish, LA; will be duly given. CI71-489...... Sun Oil Co., Post Office Box 2880, Phillips Petroleum Co., West Pan­ 13.5 14.65 A 12-23-70 DaUas, TX, 75221. handle Field, Gray County, Tex; Under the procedure herein provided CI71-490...... LVO Corp., Post Office Box 2848, United Gas Pipe Line Co., Northwest »20.0 15.025 for, unless otherwise advised, it will be A 12-23-70 w Tulsa, OK 74101. Oakley-East Lake Verret Area, As­ sumption Parish, La. unnecessary for Applicants to appear or CI71-491...... Union OU Co. of CaUfornia, Post Cities Service Gas Co., Canfield Unit, Depleted ...... be represented at the hearing. B 12-28-70 Office Box 7600, Los Angeles, Woodward Area, Woodward Coun­ CA 90054. ty, Okla; G o r d o n M . G r a n t , Filing code: A—Initial service; ______Secretary. B —Abandonment. C—Amendment to add acreage; D—Amendment to delete acreage. no^ ce does not provide for consoli- E—Succession. f°r hearing of the several matters F—Partial succession; covered herein. See footnotes at end of table.

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 1442 NOTICES

cent rate of return while the proposed Docket No. Price per Pres­ and date filed Applicant Purchaser and location Mcf sure rates show a 5.81 percent return, still less base than fully compensatory but within the Company’s past policy of receiving lower CI71-492...... Cities Service Ofi Co., Post Office Consolidated Gas Supply Corp.,' 32.0 16.325 rates of return from this class of cus­ A 12-28-70 Box 300, Tulsa, OK 74102. Sandy River District, McDowell County, W. Va. tomers in order to help economic CI71-494..Patrick A. Doheny et al., 136 El Kansas-Nebraska Natural -Has Co., 10.0 16.4 development of rural areas. A 12-21-70 Camino, Beverly Hills, CA 90212. Inc., East Dune Ridge Field, MP&L initially proposed an effective Logan County, Colo. C171-495...... Texas Oil & Gas Corp. (successor to Northern Natural Gas Co., Laveme is 17.0 14.65 date for the present filings of January 20, (CI64-533) J. M. Huber Corp.), Fidelity Field, Harper County, Okla. 1971. However, the original filing was F 12-22-70 Union Tower Dallas, T X 75201. CI71-496__...... Sun Oil Co., Post Office Box 2880, Cities Service Gas Co., Eureka Area, 12.75 14.65 not complete until December 22, 1970, (CI63-826) Dallas, T X 75221. Grant and Alfalfa Gounties, Okla. at which time MP&L requested a waiver A 12-23-70 « of the 60-day notice requirement of CI71-497______The Superior Oil Co., Post Office Tennessee Gas Pipeline Co., a division Depleted B 12-29-70 Box 1521, Houston, T X 77001. of Tenneco Inc., South Bon Air § 35.13(b) (4) (i) of the Commission’s Field, Calcasieu Parish, La. regulations in order for the filing to be­ C I 7 1 - 4 9 8 . ___do...... 1...... Tennessee Gas Pipeline Co., a divi­ 18.5 15.025 A 12-29-70 sion of Tenneco Inc., Grand Isle 3« 17.0 come effective on January 22, 1971, 30 Block 63 (Block 72 Field), Offshore days after completion of the filing. We Louisiana. CI71-499...... d o...... T...... Tennessee Gas Pipeline Co., a divi­ M 18.5 15.025 will grant waiver of that notice require­ A 12-29-70 a sion of Tenneco Inc., LacBlanc Field, ment subject to the provisions of this Vermilion Parish, La. order. CI71-500...... do...... Northern Natural Gas Co., Share 18.5 .. 14.66 A 12-29-70 Field, Ochiltree County, Tex. Notice of the filing was given by pub­ CI71-601...... Commonwealth Gas Corp., 801 United Fuel Gas Co., Ripley and 32.0 15.325 lication in the F ederal R egister on A 12-30-70 Union Bldg., Charleston, WV Union Districts, Jackson County, 25325. W.Va. December 8,1970 (35 F.R. 18643),stating CI71-502___!____Bridwell Oil Co...... - Texas San Juan Oil Corp., acreage in Depleted that any person desiring to be heard or B 12-31-70 Jim Wells and Duval Gounties, Tex. to make any protest with reference to CI71-503...... Phillips Petroleum Co. (Operator) United Fuel Gas Co., Longview (22) said application should on or before B 12-30-70 et al., Bartlesville, OK 74004. Field, Franklin Parish, La. December 22, 1970, file with the Federal CI71-405-...... Harry Spooner, Jr., 411 Quachita Mid Louisiana Gas Co., Monroe Field, 18.0 15.025 Power Commission, Washington, D.C. A 1-4-71 ' National Bank Bldg., Monrce, LA Union Parish, La. 71201. 20426, petitions or protests in accordance with the requirements of the Commis­ I Adds and deletes acreage by replacement of contract. sion’s rules of practice and procedure. * Adds acreage acquired from Diamond Shamrock Corp., Docket No. G-19720. In addition to preliminary protests * Pending—temporary authorization only granted. 4 Rate being collected under temporary certificate. from several individual cooperative cus­ » Well is incapable of delivering gas into Buyer’s line. tomers, the Commission received on De­ • Deletes the Effie Batten tract. No sales have ever been made from subject acreage. » Amendment filed to reflect change in operator. Also amends contract pricing provisions to provide for a rate cember 22, 1970, a joint “Protest and of 19.5 cents per Mcf for gas produced from reservoirs discovered prior to Oct. 1,1968, and a rate of 20 cents per Mcf for Petition to Intervene and for Rejection gas produced in newly dedicated acreage and from ‘‘newly discovered reservoirs” as defined in Opinion No. 567. - • Original application in Docket No. CI69-838 sought certificate of public convenience and necessity. Applicant now of Rate Schedules Submitted for Filing” proposes to abandon service previously commenced pursuant to temporary authorization. from the Company’s eight cooperative « Application erroneously assigned Docket No. CI71-488. Doeket No. CI71-488 is canceled. »« Original application in Docket No. CI70-179 sought certificate of public convenience and necessity. Applicant customers.1 The petitioners inter alia (1) now proposes to abandon service previously commenced pursuant to temporary authorization. request intervention in the proceeding; II Subject to upward and downward B.t.u. adjustment. (2) assert that the tendered rate sched­ is Applicant is filing for certificate to cover its interests previously covered by Operator’s certificates in Dockets Nos. G-5669 and CI60-658. ules are unlawful under the Federal » Above the depth of Chase Group. Power Act because they will produce an Council Grove Formation. u Well is no longer capable of producing gas in commercial quantities. excessive return to the Company; (3) » Gas-well gas. allege that the fuel clause in the prof­ v Contract provides for rate of 27 cents per Mcf; however, Applicant states its willingness to accept a permanent certificate at 20 cents per Mcf. fered rate schedules conflicts with the » Subject to upward and downward B.t.u. adjustment. Rate in effect subject to refund in Dockets Nos. RI65-168 requirements of § 35.14(a)(1) of the and R168-12 1. » Applicant is filing for certificate to cover its interest previously covered by Operator’s certificate in Docket No. Commission’s regulations; (4) assert CI63-826. that the proposed increase in rates to 2o Contract provides for rate of 27.5 cents per Mcf; however, by letter filed Jan. 13,1 71, applicant agreed to accept the cooperatives is greater than that im­ certificate at the applicable area rate. 71 Casinghead gas. posed upon the Company’s retad rate as All dedicated acreage released from contract. customers; (5) request the Commission [FR Doc.71-1096 Filed l-2&-71;8:45 am] to reject the tendered rate schedules on the ground that MP&L has currently ef­ fective fixed rate contracts which pre­ [Docket No. E-7577] ments, changes in rates for sales to its clude unilateral rate increase filings by eight rural electric cooperative cus­ MISSISSIPPI POWER & LIGHT CO. the Company; and (6) petition for such tomers at each of 67 delivery points. further relief as may be appropriate. In Order Suspending Tendered Rate MP&L proposes to replace the present a response thereto filed January 8, 1971, Schedules, Denying Petition for Re­ rates REA-10 and REA-9 applicable to following an extension of time by the cooperatives by a new rate REA-11. The jection of Rate Filings, Granting Commission’s Secretary, MP&L denies proposed rate schedule supplements are the allegations that the rate filings would Waiver of Notice Requirements, identified in the appendix attached produce an excessive return and that th^ Providing for Hearing and Granting hereto. The filings are proposed to fuel clause contained therein is not just Intervention become effective January 22, 1971. or reasonable as well as petitioners’ con­ January 21,1971. The proposed rate contains an energy tention that provisions of the Compa­ This order suspends for 1 day the charge of 8.15 miles per kw.lhr. and con­ ny’s present contracts with the coopera­ operation of tendered rate schedules, tinues a fuel adjustment clause similar tives bar the proposed rate increase orders a public hearing to be held on the to the one in the REA-10 rate. It is an­ filings. lawfulness of those schedules, denies a ticipated that the rate would provide Examination of the cooperatives’ joint petition for rejection of those rate filings, increased revenues from the cooperatives protest and petition and MP&L’s answer grants waiver of notice requirements, of approximately $790,000 (13.7 percent) thereto indicates that certain issues and permits intervention in this for the year ending January 1971 and of proceeding. approximately $819,000 (13.9 percent) for the year ending January 1972. 1 The cooperative customers are Capital Mississippi Power & Light Co. (M P&L), E.P.A., Coahoma E.P.A., Delta, E.P.À., Mag­ a public utility subject to the jurisdic­ MP&L contends that on the basis of a nolia E..A., Southern Pine E.P.A., Southwest tion of this Commission, filed on Novem­ study utilizing test year 1969, its present Mississippi E.P.A., Twin County E.P.A., ana ber 16, 1970, as rate schedüle supple­ rates to cooperatives produce a 4.39 per­ Yazoo Valley E.P.A. (Petitioners).

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 NOTICES 1443 raised therein should be determined on cordance with the procedures set forth of January 23, 1971, for each billing the basis of an evidentiary hearing rec­ below, all as hereinafter provided. period; and shall report (original and ord. However, our examination of the (4) Participation by the aforemen­ one copy) in writing and under oath, to data filed by MP&L in support of its tioned petitioners for intervention in the Commission monthly, for each bill­ proposed increased rates and charges this proceeding may be in the pùblic ing period, the billing determinants of does not warrant suspension of those interest. electric energy sold and delivered under tendered rate schedule supplements for The Commission orders: the subject rate schedules, and the reve­ the full 5-month statutory period. Ac­ (A ) MP&L’s request for waiver of the nues resulting therefrom as computed cordingly, we shall suspend the tendered 60-day provision of § 35.13(b) (4) of the under the rates in effect immediately rate schedule supplements for 1 day Commission’s regulations under the Fed­ prior to January 23, 1971, and under and direct that a public hearing be held eral Power Act is hereby granted to per­ the rates and charges made effective on the lawfulness thereof. mit the tendered filing to take effect 30 by this order, together with the dif­ Insofar as the joint petition requests days after completion of the filing sub­ ferences in the revenues so computed. rejection of the rate filings, petitioners ject to the provisions of this order. (F) Capital Electric Power Associa­ contend essentially that their currently (B) Pursuant to the authority con­ tion, Coahoma Electric Power Associa­ effective rate agreements with MP&L do tained in and subject to the jurisdiction tion, Delta Electric Power Association, not provide for unilateral rate change conferred upon the Federal Power Com­ Magnolia Electric Power Association, filings by the Company and therefore mission by the Federal Power Act and Southern Pine Electric Power Associa­ such filings are not valid. F.P.C. v. Sierra pursuant to the Commission’s rules of tion, Southwest Mississippi Electric Pacific Power Co., 350 U.S, 348 (1956). practice and procedure, a public hearing Power Association, Twin County Electric In its answer MP&L maintains that the shall be convened at the offices of the Power Association, and Yazoo Valley contracts do not fix a specific rate and Federal Power Commission in Washing­ Electric Power Association are hereby points to the following provision in the ton, D.C., concerning the lawfulness of permitted to intervene in this proceeding contract for support: MP&L’s rate schedules identified in the subject to the rules and regulations of appendix hereto. the Commission: Provided, however, Sectio n 3. R a t e . Association shall pay Com­ (C) Pending such hearing and deci­ pany for electric power and energy furnished That participation of such interveners hereunder for its own use and for resale sion thereon, the tendered rate schedules shall be limited to the matters affecting directly to ultimate consumers in accord­ designated in the appendix attached asserted rights and interests specifically ance with Rate Schedule REA-10, attached hereto are hereby suspended and the use set forth in the petitions to intervene: hereto and made a part hereof. thereof deferred until January 23, 1971. And provided further, That the admis­ On that day those filings shall take effect Service shall be taken and paid for under sion of such interveners shall not be and in accordance with said rate schedule in the manner-prescribed by the Federal construed as recognition by the Com­ as provided above or such other effective Power Act, and MP&L, subject to fur­ mission that they or any of them might superseding rate schedule as may be author­ ther orders of thè Commission, shall be aggrieved by any orders entered in ized by duly constituted regulatory author­ charge and collect the increased rates this proceeding. ity. Either party may seek authorization and charges set forth in those filings for thibugh regulatory procedures for such all power sold and delivered thereunder. (G ) Unless otherwise ordered by the change as may be necessary to make any (D) MP&L shall file with the Com­ Commission, MP&L-shall not change the schedule used for billing just and terms or provisions of the subject rate reasonable. mission and serve on all parties, on or before February 23, 1971, its case-in- schedules or of its presently effective The Company indicates that the con­ chief in support of the subject rate rate schedules until this proceeding has tracts prior to the Sierra case supra con­ schedules, including testimony of wit­ been terminated or until the period of tained no provision for any rate other nesses and exhibits. Cross-examination suspension has expired. than the particular rate specified therein. of MP&L’s case-in-chief shall commence (H ) Notices of intervention and pe­ Construing the above provision in the on March 30, 1971, at 10 a.m., e.s.t., in titions to intervene may be filed with context of the entire rate agreement as a hearing room at the offices of the Fed­ the Federal Power Commission, Wash­ here consummated, we conclude that the eral Power Commission, 441 G Street ington, D.C. 20426, on or before Febru­ provisions of these rate contracts con­ NW „ Washington, DC. I f any party be­ ary 12, 1971, in accordance with the template changes in the rates' and lieves that a prehearing conference Commission’s rules of practice and pro­ charges specified therein by or with the would serve to expedite the proceeding, cedure (18 CFR 1.8 or 1.37). approval of this Commission. Hence, they he may file with the Chief Examiner or By the Commission. do not constitute fixed rate contracts. the designated Presiding Examiner, on See United Gas Pipeline Company v. or before February 5, 1971, a motion [ s e a l ] G o r d o n M . G r a n t , Memphis Light, Gas and Water Division, for a prehearing conference, including Secretary. «* al., 358 U.S. 103 (1958). We shall deny a statement of how the proceeding would Mississippi Power & Light Company the petition for rejection of the proffered be expedited thereby and a proposed FPC Rate Schedule Designations rate filings. agenda for the conference. In the event The Commission finds : that a prehearing conference is sched­ EACH PPC RATE SCHEDULE SUPPLEMENT DESIGNATED BELOW IS THE COMPANY'S RATE SCHEDULE REA-11, (1) The tendered rate schedule filings uled, the Presiding Examiner is author­ TILED DECEMBER 22, 1970. designated in the Appendix attached ized to reschedule the date for the hereto may be unjust, unreasonable, un­ commencement of cross-examination if Designations duly discriminatory or preferential, or such reschedule is found necessary for Supple- Rate Customer Delivery point otherwise unlawful under the Federal the orderly procedure of this hearing. ment sehed- Power Act. All further procedural dates shall be as No.: ule (2) Good cause has been shown to ordered by the Presiding Examiner. to— No. Want MP&L’s request for waiver of the (E) MP&L shall refund at such times 60-day provision of § 35.13(b) (4) of the 1 215 Capital E P A '..... Bovina. and in such manner as may be required 1 155 ...... do'...... Byram. commission’s regulations under the Fed­ by final order of the Commission the 1 156 ...... do*...... Canton. eral Power Act. portion of the increased rates and 1 167 ...... do*______. Clinton. 1 164 ...... do«...... Crystal Springs. f ^ k necessary and appropriate charges found by the Commission in this 1 158 ...... do*...... Flora. the purposes of the Federal Power proceeding not justified, together with 1 159 ...... do.1...... Flowood. t 160 ...... do./...... North Jackson ¡ J particularly sections 205, 206, 301, interest at the New York prime rate Sub. “07. 308, and 309 thereof, that the Com­ on January 23, 1971, from the date of 1 217 ...... do.1...... Northwest Jackson Sub. mission enter upon a hearing concern-' payment until refunded; shall bear all , 1 161 ...... do.1...... Utica. lawfulness of the tendered filings costs of any such refunding; shall keep 1 162 ...... do.«...... Vicksburg. 1 163 -----do.«...... West Jackson Sub tnht the tendered filings be sus- accurate accounts in detail of all the 1 165 Coahoma EPA.. .. Clarksdale. am^d ancf the use thereof be deferred amounts received by reason of the in­ 1 166 ...... do...... Darling. na a public hearing be initiated in ac­ creased rates and charges effective as 1 168 ...... do...... Lula. S e e footnote at end of table.

FEOERAl REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 No. 20— Pt. I- [1444 NOTICES

‘ Mississippi Power & L ia s e s Compant the acquisition of 100 percent o f the Williamsburg banking market. Its com- ! FPC Rate Schedule Designations ~ voting shares (except directors’ qualify­ petitor., a subsidiary of the State’s largest ing shares) of a new national bank into banking organization, holds five times EACH FPC BATE SCHEDULE SUPPLEMENT DESIGNATED BELOW IS THE COMPANY’S BATE SCHEDULE BEA-11, which would be merged Williamsburg as many deposit dollars as Bank. FILED DECEMBER 22, 1970. National Bank, Williamsburg, Va. Bank is located 51 miles from Southern (Bank). [The application was filed as Bank and there appears to be no existing Designations one to become a bank holding company competition between the two. Further, Supple- Rate Customer Delivery point pursuant to section 3(a) (D of the Bank in view of the distance separating the ment sched- Holding Company Act of 1956. Due to two, the presence of two intervening, No.: ule Applicant’s ownership of 100 percent of to— No. sparsely settled counties, and the fact the voting shares of Southern Bank and that Virginia law would preclude either Trust Co., Richmond, Va., and to the 1 210 ...... do_. „ ___.. .. Marks: bank from branching de novo into the 1 170 ...... do...... -.. Shelby. . * Bank Holding Company Act Amendments area served by the other, there is little 1 169 ...... do______.. Sunflower: * of 1970 (Public Law 91-607, 84 Stafc. likelihood of such competition developing 1 171 ...__do______.. Tunica. 1 172 - ...do...... Walls. 1760), Applicant became a bank holding in the future. 1 220 Delta EPA___ _ ..^Carrollton: company by operation of law on De­ 1 173 - __do______.. Cleveland. Based upon the record, the Board con­ 1 174 .. __do. .._____ Greenville. cember 31, 1970, and the Board, there­ cludes that consummation of the pro­ 1 176 .. ...do...... Greenwood: fore, treats the application as one by posal would have no adverse effect on 1 176 .. ...do______.. Indianola. such a company to acquire an additional 1 177 —__do______.. Inverness. competition in any relevant area. The 1 219 ...... do______.. IttaBena. bank.] The new bank has significance banking factors as they relate to Appli­ 1 208 Minter City: only as a means of acquiring all of the 1 214 .. ...do______. Moorhead. cant and both its present and proposed 1 178 .. ...do...... Pace. shares of the bank to be merged into it. subsidiary are satisfactory and consistent 1 179 .. ...do..______.. Schlater. Accordingly, the proposed acquisition of with approval of the application. Con­ 1 209 .. ...do...... Shaw. 1 180 .. ...do______.. West. the shares of the successor organization siderations relating to the convenience 1 181 - ...do...... Winona. is treated as a proposed acquisition of the and needs of the communities to be 1 182 Magnolia E PA. .. .. Brookhaven; shares of Bank. 1 184 .. ...do...... _ Femwood. served lend some weight toward approval *2 213 - ...do______.. Jayess. As required by section 3(b) of the Act, of the application; although the banking 1 186 .. ...do______.. Liberty. the Board gave written notice of receipt 1 186 .. ...do______.. Norfieid. needs of the Williamsburg area appear 1 218 —__do______.. Progress. of the application to the Virginia Com­ adequately served, affiliation with Ap­ 1 188 - ...do...... Tylertown; missioner of Banking and to the Comp­ plicant would enhance Bank’s ability to % 126 Southern Pine Florence. EPA. troller of the Currency and requested participate in the expected growth of the 1 124 .. ...do...... Hazlehurst. their views and recommendations. The area by increasing Bank’s lending capa­ 14 66 - ...do...... __ Magee 116 kVj Commissioner and the Deputy Comp­ 1 126 —__ do...... Magee 13 kV: bilities and enabling it to provide com­ 1 123 - ...do...... Silver Creek: troller recommended approval of the puter and specialized financial and trust 1 189 Southwest Brookhaven: application. Mississippi EPA. services. It is the Board’s judgment that 1 190 .. . —do...... Crosby. Notice of receipt of the application was consummation of the proposed acquisi­ 1 191 .. ...do...... Lorman. published in the Federal Register on tion would be in the public interest and >2 212...... do___ ;____ ... Natchez. 1 192 .. ...do...... __ Port Gibson: November 19, 1970 (35 F.R. 17808), pro­ that the application should be approved. 1 207 .. __do______... Roxie. viding an opportunity for interested per­ I t is hereby ordered, For the reasons 1 216 - __.do...... -... Utica. sons to submit comments and views with 1 194 - __.do...... Washington. set forth in the findings summarized 1 196 - ...do...... Woodville. respect to the proposal. A copy of the above, that said application be and 1 196 Twin County Belzoni. application was forwarded to the U.S. EPA. hereby is approved; Provided, That the 2 197 - ...do...... Greenville. Department of Justice for its considera­ action so approved shall not be consum­ 1 198 .. __do______—.... Hollandale. tion. Time for filing comments and views 1 199 ..__ do...... Leland. mated (a) before the 30th calendar day 1 200 ..__ do...... Onward. has expired and all those received have following the date of this order or (b) 1 201 ..__ do...... Rolling Fork. been considered by the Board. later than 3 months after the date of 1 202 Yazoo Valley Anchorage. The Board has considered the applica­ EPA. this order, unless such time be extended 1 203 ..__ do______... Lexington. tion in the light of the factors set forth for good cause by the Board, or by the Pickens. ,. 1 204 ....—do...... in section 3(c) of the Act, including the Federal Reserve Bank of Richmond pur­ 1 206 ..__ do...... Redwood. effect of the proposed acquisition on ìr 206 ..__ do______Yazoo City: suant to delegated authority. 1 211 - __ do...... Little Yazoo: competition, the financial and manage­ rial resources and future prospects of the By order of the Board of Governors,1 i Electric Power Association. Applicant and the banks concerned, and January 22, 1971. » Supersedes Supplement No. L the convenience and needs of the com­ i Supersedes Supplement No. 3. munities to be served. Upon such con­ [seal] Kenneth A. Kenyon, [FR DOC.71- 1143 Filed 1--28-71;8:45 am] sideration, the Board finds that: Deputy Secretary. Applicant presently controls one bank­ [FR Doc.71-1218 Filed 1-28-71; 8:46 am] ing subsidiary, acquired on April 30,1970. This institution, Southern Bank and FEDERAL RESERVE SYSTEM Trust Co. (Southern Bank), is located in Richmond, Va., and is the State’s 11th GENERAL SERVICES SOUTHERN BANKSHARES, INC. largest banking organization, controlling Order Approving Acquisition of Bank deposits of $94.6 million, representing ADMINISTRATION Stock by Bank Holding Company 1.3 percent of total commercial bank deposits in the State. (All banking data [Federal Property Management Regulations, In the matter of the application of are as of June 30,1970, adjusted to reflect Temporary Regulation E-14] Southern Bankshares, Inc., Richmond, holding company acquisitions approved PURCHASE OF PASSENGER VEHICLES Va„ for approval of acquisition of voting by the Board to date.) ^ shares of the successor by merger to Southern Bank with control of 6.2 per­ Procedures To Be Followed Williamsburg National Bank, Williams­ cent of total deposits in the Richmond burg, Va. market area, is the fifth largest of 13 Correction There has come before the Board of banks in that market. Upon acquisition In F.R. Doc. 71-934 appearing at page Governors, pursuant to section 3 (a)(3 ) of Bank (deposits of $6.8 million), Ap­ 1172 of the issue for Saturday, Janu­ of the Bank Holding Company Act of plicant would continue to rank 11th ary 23, 1971, the following changes 1956 (12 U.S.C. 1842(a) (3 )), and § 222.3 among the State’s largest banking orga­ should be made: (a) of Federal Reserve Regulation Y (12 nizations and would increase its control CFR 222.3 (a )), the application of South­ over total State deposits to .1.4 percent. 1 Voting for this action: C h a i r m a n B ern Bankshares, Inc., Richmond, Va. Bank operates one office in Williams­ and Governors Robertson, Mitchell, I ™ ’ (Applicant), -a one-bank holding com­ burg and is, by a substantial margin, the Maisel, and Brimmer. Absent and not vot &• pany, for the Board’s prior approval of smaller of the two banks operating in the Governor Sherrill.

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 NOTICES 1445

1 On page 1173 in paragraph 8, the 1. Regional Division Chiefs, Regional of Industry and Hawthorne, Calif.* the figure “ 19” in the 19th line is corrected Counsel, and Staffs—A. Chief and As­ U.S. Tariff Commission, on January 22, to read “ 10”. sistant Chief, Financing Division. * * * 1971, instituted investigations under sec­ 2. On page 1174 the last entry for 2. * * * tion 301(c)(2) of the Act to determine "Wheelbase min” in Table n now read­ b. To approve displaced business loans whether, as a result in major part of con­ ing “411” is corrected to read "114”. and coal mine health and safety loans cessions granted under trade agreements, up to $350,000 (SBA share) and to de­ articles like or directly competitive with cline them in any amount. the toys, dolls, models, and game ***** produced at such plants are being im­ ported into the United States in such INTERIM COMPLIANCE PANEL B. Supervisory Loan Officers (Financ­ increased quantities as to cause, or ing Division>. 1. To approve or decline threaten to cause, the unemployment or (COAL MINE HEALTH AND business, disaster, displaced business, underemployment of a significant num­ and coal mine health and safety loans ber or proportion of their workers. SAFETY) not exceeding $50,000 (SBA share) and economic opportunity loans not exceed­ The petitioners have not requested a public hearing. A hearing will be held on FREEMAN COAL MINING CORP. ing $25,000 (SBA share). request of any other party showing a Application for Renewal Permit; ***** proper interest in the subject matter of No4ice of Opportunity for Public J. Chief, Procurement and Manage­ the investigations; Provided, Such re­ Hearing ment Assistance Division. 1. To take all quest is filed within 10 days after publi­ necessary actions in connection with the cation of the notice in the Federal Application for a Renewal Permit for administration and management of Register. Noncompliance with the Interim Manda­ grants, agreements, and contracts exe­ The petitions filed in this case are tory Dust Standard (3.0 mg./m.*) has cuted by the Associate Administrator available for inspection at the Office of been accepted for consideration as for Procurement and Management As­ the Secretary, U.S. Tariff Commission, follows: sistance under the authority granted in Eighth and E Streets NW., Washington, (1) ICP Docket No. 11112, Freeman Coal section 406 of the Economic Opportunity DC, and at th* New York City office of Mining Corp., Crown Mine, USBM ID No. Amendments of 1967, except changes, the Tariff Commission located in room 11 00604 0, Farmersville, Montgomery amendments, modifications, or termina­ 437 of the Customhouse. County, 111., Section ID No. 009 (2 Main. tion of the original grant, agreement, or Issued: January 26, 1971. East off Main South). contract. In accordance with the provisions of • * * * * By order of the Commission. section 202(b)(4) of the Federal Coal II. District Directors—A. Financing [seal! Kenneth R. Mason, Mine Health and Safety Act of 1969 (83 Program. * * * Secretary. Stat. 742, et seq., Public Law 91-173), 2. * * * [FR Doc.71—1234 Filed l-28-71;8:47 am ] notice is hereby given that requests for b. To approve or decline displaced public hearing as to an application for business loans and coal mine health and renewal may be filed within 15 days after safety loans up to $350,000 (SBA share). [TEA-W-58 thru TEA-W-65] publication of this notice. Requests for ***** public hearing must be completed in ac­ WORKER’S PETITIONS FOR DETERMI­ cordance with 30 CFR Part 505 (35 F.R. III. District Division Chiefs, District NATION OF ELIGIBILITY TO APPLY 11296, July 15,1970), copies of which may Counsel, and Staffs—A..Chief, Financing FOR ADJUSTMENT ASSISTANCE be obtained from the Panel on request. Division. * * * A copy of the application is available 2. * * * Notice of Investigations for inspection and requests for public b. To approve or decline displaced On the basis of petitions filed under hearing may be filed in the office of the business loans and coal mine health and section 301(a)(2) of the Trade Expan­ Correspondence Control Officer, Interim safety loans up to $350,000 (SBA share). sion Act of 1962, on behalf of the workers Compliance Panel, Suite 800, 1730 K ***** of— Street NW„ Washington, DC 20006/ IV. Branch Manager {Reserved). TEA—W—58, Smith Shoe Corp., Newmarket, George A. Hornbeck, V. The specific authority delegated N.H. Chairman, herein, indicated by double asterisk ( * * ), TEA-W-59, Bella Mia Footwear Manufactur­ Interim Compliance Panel. cannot be redelegated. ing Corp., Brooklyn, N.Y. VL The authority delegated herein to • TEA—W-60, TEA—W-61, Kalmon Shoe Manu­ January 28, 1971. facturing Co., St. Louis, Mo. a specific position may be exercised by TEA-W -62, Deb Shoe Co., Inc., Washington, IFR Doc.Tl-1217 Filed l-28-71;8:46 am] . an SBA employee designated as acting Mo. in that position. TEA—W—63, Wolff Shoe Manufacturing Co., Rolla, Mo. Effective date: January 10, 1971. TEA—W—64 Wolff Shoe Manufacturing Co., St. SMALL BUSINESS L. H. Hudspeth, Louis, Mo. Acting Regional Director, TEA-W-65 Johnson, Stephens, and Shinkle ADMINISTRATION Region VI. Co., Vandalia, HI. I Delegation of Authority No. 30—C (Region [F R Doc.71-1231 Filed. 1-23-71:8:47 am ] The UJS. Tariff Commission, on the 22d V I ) , Arndt. 1 ] day of January 1971, instituted investi­ gations under 301(c) (2) of the said Act REGIONAL d iv is io n c h iefs , et a l . to determine whether, as a result in Delegation of Authority To Conduct TARIFF COMMISSION major part of concessions granted under [TEA—W—66 and TEA-W-67] trade agreements, articles like or directly Program Activities in Region VI competitive with footwear produced by to the authority delegated to WORKER’S PETITIONS FOR DETERMI­ the aforementioned firms are being im­ [Regional Director by Delegation of NATION OF ELIGIBILITY TO APPLY ported into the United States in such in- authority No. 30-C, 35 F.R. 2840, as FOR ADJUSTMENT ASSISTANCE ceased quantities as to cause, or to fended, (35 F.R. 15033 and 35 F.R threaten to cause, the unemployment or in Delegation of Authority No. 30-C Notice of Investigations underemployment of a significant num­ ber or proportion of the workers of such ’■Region V I), 35 F.R. 5440, is hereby On the basis of petitions filed under pended by revising Item I.A.2.b., Item firms. ^•1., Item I.J., item H.A.2.b., Item i n section 301 (a) (2) of the Trade Expan­ The petitioners have not requested a item ry., item V., and Item VI., sion Act of 1962, on behalf of the produc­ public hearing. A hearing will be held on f3l deletinS vn ., to read as tion and maintenance workers at two request of any other party showing a plants of Mattel, Inc., located in the City proper interest in the subject matter of

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 1446 NOTICES the investigation; Provided, Such re­ [Notice 235] ently omitted in previous publication, the quest is filed within 10 days after publi­ rest of application remains the same. cation of the notice in the Federal MOTOR CARRIER TEMPORARY Register. AUTHORITY APPLICATIONS No. MC 106743 (Sub-No. 10 TA), filed January 20, 1971. Applicant: LOFTIN’S The petitions filed in this case are January 25, 1971. available for inspection at the Office of TRANSFER & STORAGE CO., INC, the Secretary, U.S. Tariff Commission, The following are notices of filing of Post Office Drawer 1568, 4081 Ross Clark Eighth and E Streets N W „ Washington, applications for temporary authority Circle, NW., Dothan, AL 36301. Appli­ DC, and at the New York City office of under section 210a(a) of the Interstate cant’s representative: Richard S. Rich­ the Tariff Commission located in room Commerce Act provided for under the ard, 57 Adams Avenue, Montgomery, AL 437 of the Customhouse. new rules of Ex Parte No. MC-67 (49 36104. Authority sought to operate as a CFR Part 1131) , published in the Fed­ common carrier, by motor vehicle, over Issued: January 26,1971. eral Register, issue of April 27, 1965, irregular routes, transporting: House­ By order of the Commission. effective July 1, 1965. These "rules pro­ hold goods, as defined by the Commis­ vide that protests to the granting of an sion, between points in De Kalb County, [seal] Kenneth R. Mason, application must be filed with the field Ga., on the one hand, and, on the other, Secretary. official named in the Federal Register points in Catoosa, . Chattooga, Dade, [P R Doc.71-1233 Filed 1-28-71;8:47 am] publication, within 15 calendar days af­ Dawson, Murray, Rabun, Towns, and ter the date of notice of the filing of Whitfield Counties, Ga., Restriction: the application is published in the Fed­ Said operations are restricted to the eral Register. One copy of such pro­ transportation of traffic having a prior INTERSTATE COMMERCE tests must be served on the applicant, or or subsequent movement, in containers, its authorized representative, if any, and beyond the points authorized. Said the protests must certify that such serv­ operations are restricted to the perform­ COMMISSION ice has been made. The protests must ance of pickup and delivery service in FOURTH SECTION APPLICATIONS FOR be specific as to the service which such connection with packing, crating, and RELIEF Protestant can and will offer, and must containerization, or unpacking, uncrat­ consist of a signed original and six ing, and decontainerization of such January 26, 1971. copies. traffic, for 180 days. Supporting shipper: Protests to the granting of an appli­ A copy of the application is on file, Department of the Army, Office of the cation must be prepared in accordance and can be examined at the Office of Judge Advocate General, Washington, with Rule 1100.40 of the general rules the Secretary, Interstate Commerce D.C. 20310, Attention: Curtis L. Wagner, of practice (49 CFR 1100.40) and filed Commission, Washington, D.C., and also Jr., Chief, Regulatory Law Office. Send within 15 days from the date of publi­ in field office to which protests are to protests to: Clifford, W. White, District cation of this notice in the Federal be transmitted. Supervisor, Bureau of Operations, Inter­ state Commerce Commission, Room 814, Register. Motor Carriers of Property 2121 Building, Birmingham, AL 35203. Long-and-Short Haul No. MC 2962 (Sub-No. 44 T A ), filed No. MC 112822 (Sub-No. 181 TA), filed January 20, 1971. Applicant: A & H FSA No. 42118—Chlorine from Point January 20, 1971. Applicant: BRAY TRUCK LINE, INC., 1111 East Louisiana Comfort, Tex. Filed by Southwestern LINES INCORPORATED, Post Office Street, Evansville, IN 47717. Applicant’s Freight Bureau, agent (No. B-210), for Box 1191,1401 North Little Street, Cush­ representative: Robert H. Kinker, 711 interested rail carriers. Rates on chlo­ ing, OK 74023. Applicant’s represent­ McClure Building, Frankfort, K Y 40601. rine, in tank carloads, as described ative: Joe W. Ballard (same address as Authority sought to operate as a common in the application, from Point Comfort, above). Authority sought to operate as a Tex., to Anniston, Ala. carrier, by motor vehicle, over regular common carrier, by motor vehicle, over routes, transporting: Grounds for relief—Water-truck com­ General commodi­ irregular routes, transporting: Petroleum petition. ties, (except those of unusual value, and petroleum products, in containers, Tariff— Supplement 146 to Southwest­ classes A and B explosives, household from the Kansas City, Kans.-Mo„ com­ goods as defined by the Commission, ern Freight Bureau, agent, tariff ICC mercial zone to points in Texas, south of 4773. commodities in bulk, and commodities a line beginning at the Texas-New Mex­ requiring special equipment) serving the FSA No. 42119—Methanol (methyl al­ ico State line and extending along U.S. cohol) to Kingsport, Tenn. Filed by O. W. plantsite of Grinnell Corp., Welded Prod­ Highway 380 to Post, Tex., and thence South, Jr., agent (No. A6219), for in­ ucts Division, located near Princeton in along U.S. Highway 84 to junction U.S. Caldwell County, Ky., as an off-route terested rail carriers. Rates on methanol Highway 281 at Evant, Tex., and on and (methyl alcohol), in tank carloads, as . point in connection with carrier’s regular west of a line beginning at Evant and ex­ described in the application, from Pace, route operations, for 180 days. Note: tending along U.S. Highway 281 to the Fla., to Kingsport, Tenn. Applicant states it intends to tack with United States-Mexico international Grounds for relief—Market competi­ MC 2962 and interline at all gateway boundary line at or near Hidalgo, Tex., tion. * points. Supporting shipper: Grinnell for 180 days. Supporting shipper: J. Corp., 260 West Exchange Street, Provi­ Tariff—Supplement 52 to Southern LeeRoy Smith, Rate Analyst, Petroleum dence, RI. Send protests to: James W. Products, Phillips Petroleum Co., Bart­ Freight Association, agent, tariff ICC Habermehl, District Supervisor, Inter­ S-832. lesville, Okla. 74004. Send protests to: C. state Commerce Commission, Bureau of L. Phillips, District Supervisor, Inter­ FSA No. 42120—Phosphate rock to Operations, 802 Century Building, 36 Horn, Mo. Filed by O. W. South, Jr., state Commerce Commission, Bureau oí South Pennsylvania Street, Indianapolis, Operations, Room 240, Old Post Office agent (No. A6221), for interested rail IN 46204. carriers. Rates on phosphate rock, crude Building, 215 Northwest Third, Okla- (other than ground phosphate rock) in No. MC 102817 (Sub-No. 15 T A ) (Cor­ homa City, OK 73201. carloads, as described in the application, rection) , filed January 11,1971, and pub­ No. MC 113267 (Sub-No. 253 TA), filed from Occidental, Fla., to Horn, Mo. lished Federal Register issue January January 20, 1971. Applicant: CENTRA^ Grounds for relief—Market competi­ 20, 1971, and republished in part as cor­ & SOUTHERN TRUCK LINES, INC., SU tion. rected this issue Applicant: PERKINS West Morris Street, Caseyville, IL 622JJ. FURNITURE TRANSPORT, INC., 1202 Applicant’s representative: Lawrence a. Tariff—Supplement 132 to Southern North Pennsylvania Street, Indianapolis, Freight Association, agent, tariff ICC Fischer (same address as above). Au­ IN 46202. Applicant’s representative: S-658. thority sought to operate as a conuno John E. Lesow, 3737 North Meridian carrier, by motor vehicle, over irreguia- By the Commission. Street, Indianapolis, IN 46208. Note: The routes, transporting: (1) Meats, men [seal] Robert L. Oswald, purpose of this partial republication is products, meat byproducts, articles dis­ Secretary. to include the State of Minnesota as a tributed by meat packinghouses, as se [PR Doc.71-1240 Filed l-28-71;8:48 am] destination State, which was inadvert­ forth in sections A and C, Descriptions

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 NOTICES 1447 in Motor Carrier Certificates, 61 M.C.C. lished F ederal R e g ister issue January 14, Davis, Lafayette, Natchitoches, Sabine, 209 and 766 and (2) foodstuffs in mixed 1971, and republished in part as cor­ St. Landry, Vermilion, and Vernon and shipments with meat and meat products, rected this issue. Applicant: W ELLING­ points in Angelina, Jasper, Nacogdoches, from plants!te and warehouse, facilities TON REALTY CORP. (Transportation Newton, Orange, Sabine, San Augustine, of Geo. A. Hormel & Co., Fort Dodge, Division), Post Office Box 244, Madison, and Shelby Counties, Tex., for 180 days. Iowa, to Fresno and San Francisco, Calif., GA 30650. Applicant’s representative: Supporting shippers: Columbia Export for 150 days. Supporting shipper: Geo. A. Archie B. Culbreth, Suite 417, 1252 West Packers, Inc., 19032 South Vermont Ave­ Hormel & Co., Post Office Box 800, Austin, Peachtree Street NW, Atlanta, GA 30309. nue, Torrance, CA 90502; Imperial MN 55912. Send protests to: Harold Jol­ N o t e : The purpose of this partial re­ Household Shipping Co., Inc., 9674 lify District Supervisor, Interstate Com­ publication is to make various correc­ Fourth Street North, Post Office Box merce Commission, Bureau of Opera­ tions as follows, (1) should show “cot­ 20124, St. Petersburg, FL 33702; and tions, Room 476, 325 West Adams Street, ton yam ’’ in lieu of cotton yard; (2) Davidson Forwarding Co., 3180 V Street Springfield, EL 62704. should show “Louisville, Ky.” , in lieu of NE., Washington, DC 20018. Also, De­ Louisiana, Ky., and bronze or steel wire, partment of Defense, contract handling No. MC 113514 (Sub-No. 108 T A ), filed in lieu of broze or steel wire, and (14) household goods for Fort Polk, La. Send January 20, 1971. Applicant: SM ITH should show “ used by Wellington Book proltests to: Paul D. Collins, District TRANSIT, INC., 1200 Simons Building, Co., Inc. at or near East Rutherford, Supervisor, Interstate Commerce Com­ Dallas, TX 75201. Applicant’s repre­ N.J., and Wellington Book-West, Inc., at mission, Bureau of Operations, Room sentative: William D. White, Jr., 2505 or near Montebello, Calif.,” The rest of T-4009, Federal Building, 701 Loyola Republic National Bank Tower, Dallas, the application remains the same. Avenue, New Orleans, LA 70113. TX 752Q1. Authority sought to operate as a common carrier, by motor vehicle, No. MC 135153 (Sub-No. 3 T A ), filed No. MC 135241 TA, filed January 20, over irregular routes, transporting: January 20, 1971. Applicant: GREAT 1971. Applicant: KENNETH M. ALLI­ Liquid silicate of soda, in bulk, from Dal­ OVERLAND, INC., Post Office Box 1417, SON, doing business as ALLISON las, Tex., to Denver, Colo., for 180 days. Dodge City, KS 67801. Authority sought TRUCKING, 10025 Southwest Boones Note: Carrier does not intend to tack to operate as a common carrier, by motor Ferry Road, Portland, OR 97219. Author­ authority. Supporting shipper: Diamond vehicle, over irregular routes, transport­ ity sought to operate as a contract car­ Shamrock Chemical Co., 610 Euclid Ave­ ing: Meats, meat products, meat by­ rier,. by motor vehicle, over irregular nue, Cleveland, OH 44114. Send protests products and articles distributed by meat routes, transporting: (1) Aluminum to: District Supervisor E. K. Willis, Jr., packinghouses, as defined by the Com­ sheets, from Spokane, .Wash., to South Interstate Commerce Commission, Bu­ mission (except those commodities in El Monte, Calif.; (2) overseas storage reau of Operations, 513 Thomas Build­ bulk and hides), from Dodge City, Kans., boxes, from South El Monte, Calif., to ing, 1314 Wood Street, Dallas, T X 75202. to points in Connecticut, Maryland, points in Washington and Oregon; and Massachusetts, New Jersey, Pennsyl­ (3) lumber from points in Washington, No. MC 128375 (Sub-No. 58 T A ), filed vania, Rhode Island, and Washington, and Oregon to South El Monte, Calif., January 21, 1971. Applicant: CRETE D.C., for 150 days. Supporting shipper: for 180 days. Supporting shipper: Cali­ CARRIER CORPORATION, Box 249, Hyplains Dressed Beef, Inc., Box 539, fornia Equipment Co., 9657 East Rush 1444 Main, Crete, NE 68333. Applicant’s Dodge City, KS 67801. Sehd protests to: Street, Post Office Box 3245, South El representative: Frederick J. Coffman, 521 M. E. Taylor, District Supervisor, Inter­ Monte, CA 91733. Send protests to: Dis­ South 14th Street, Lincoln, NE 68501. state Commerce Commission, Bureau of trict Supervisor W. J. Huetig, Interstate Authority sought to operate as a con­ Operations, 501 Petroleum Building, Commerce Commission, Bureau of Op­ tract carrier, by motor vehicle, over ir­ Wichita, KS 67202. erations, 450 Multnomah Building, 120 regular routes, transporting: Such mer­ Southwest Fourth Avenue, Portland, OR chandise as is marketed by home prod­ No. MC 135216 TA (Correction), filed 97204. ucts distributors, from the warehouse January 12, 1971, and published F ederal and storage facilities used by the Amway R eg ister Issue January 20, 1971, and By the Commission, Corp. in the commercial zone of Atlanta, republished in part as corrected this issue. Applicant: LEROY DENEAU, [ s e a l ] R o bert L. O s w a l d , Ga„ to points in Alabama, Georgia, Ten­ Secretary. nessee, North Carolina, South Carolina, Route 1, Chana, IL 61015. Applicant’s Virginia, and West Virginia, under con­ representative: George S. Mullins, 4704 [FR Doc.71-1237 Filed l-28-71;8:48 am ] tinuing contract with the Amway Corp. West Irving Park Road, Chicago, IL N o t e : Restricted to traffic having a prior move­ 60641. The purpose of this partial [Notice 236] ment from Ada, Mich., in Interstate republication is to include household Commerce by private or contract car­ goods as defined by the Commission, MOTOR CARRIER TEMPORARY der, for 180 days. Supporting shipper: commodities in bulk,- which was in­ AUTHORITY APPLICATIONS Michael LaMonde, Traffic Manager, Am­ advertently omitted in previous publica­ way Corp., 7575 East Fulton Road, Ada, tion. The rest of publication remains the J a n u a r y 26, 1971. MI 49301. Send protests to: District same. The following are notices of filing of Supervisor Max H. Johnston, Interstate applications for temporary authority No. MC 135239 TA, filed January 19, under section 210a(a) of the Interstate Commerce Commission, Bureau of Oper­ 1971. Applicant: SAM H. WILLIAMS, ations, 315 Federal Building and Court­ doing business as WILLIAMS TRANS­ Commerce Act provided for under the house, Lincoln, NE 68508. FER & STORAGE, Post Office Box 6, new rules of Ex Parte No. MC-67 (49 C F R Part 1131) published in the F ederal No. MC 135113 (Sub-No. 1 T A ) (C( Leesville, LA 71446. Applicant’s repre­ R e g ister , issue of April 27, 1965, effec­ sentative: Alan F. Wohlstetter, 1 Far- rection) filed December 10, 1970, ar tive July 1,1965. These rules provide that ederal eg ister ragut Square South, Washington, DC Published F R issue Decen protests to the granting of an applica­ her 24, 1970, and republished in part 1 20006. Authority sought to operate as a tion must be filed with the field official corrected this issue. Applicant: BLU common carrier, by motor vehicle, over named in the F ederal R eg ister publica­ irregular routes, transporting: XJsed £AGLE TRUCK LINES, INC., Post Offii tion, within 15 calendar days after the B°x 446, Highland Park, IL 60035. Appi household goods, restricted to shipments date of notice of the filing of the appli­ representative: Stephen L. Jei having a prior or subsequent movement cation is published in the F ederal R eg­ jungs, Seyfarth, Shaw, Fairweather ar beyond the below named points, in con­ is t e r . One copy of such protests must be «craldson, i l l West Jackson Boulevar tainers, and further restricted to pickup served on the applicant, or its authorized nicago, IL 60604. N o t e : The purpose < and delivery service incidental to and in representative, if any, and the protests m,18 rePublication is to show a] connection with packing, crating; and wicant’s correct name and include tl containerization, or unpacking, uncrat­ must certify that such service has been movements in (a) and (b ). Tl ing, and decontainerization of such ship­ made. The protests must be specific as to 651 of the application remains the sam ments, between points in Louisiana the service which such protestant can 135113 (Sub-No. 1 T A ) (Co: parishes, Acadia, Allen, Beauregard, Cal­ and will offer, and must consist of a ccuon), filed January 5,1971, and pul casieu, Cameron, Evangeline, Jefferson signed original and six copies.

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 1448 NOTICES

A copy of the application is on file, and with display and sale of such commodi­ irregular routes, transporting: Beverages can be examined at the Office of the Sec­ ties, (1) between points in the St. Louis, (nonalcoholic), in containers, from retary, Interstate Commerce Commis­ Mo.-East St. Louis, 111. commercial zone, plantsite of Shasta Beverages, Lenexa, sion, Washington, D.C., and also in field as defined by the Commission and points Kans., to points in Illinois, for 180 days! office to which protests are to be trans­ in Missouri upon the following highways Supporting shipper: Shasta Beverages! mitted. and within an area bounded as follows: Murray H. Crossen, 9901 Wilmer Road! Commencing at the confluence of the Motor Carriers of Property Lenexa, KS 66215. Send protests to: Missouri and Mississippi Rivers; thence C. L. Phillips, District Supervisor, Inter­ No. MC 52861 (Sub-No. 22 T A ), filed northerly along the Mississippi River to state Commerce Commission, Bureau of January 22, 1971. Applicant: W ILLS its intersection with the Missouri-Iowa Operations, Room 240, Old Post Office TRUCKING, INC., 2535 Center Street, State line; thence westerly along the Building, 215 Northwest Third, Okla­ Cleveland, OH 44H3. Applicant’s repre­ Missouri-Iowa State line to its intersec­ homa City, OK 73102. sentative: David L. Pemberton, 88 East tion with the Missouri-Nebraska State Broad Street, Columbus, OH 43215. line; thence southerly along the Mis­ No. MC 123389 (Sub-No. 10 TA), filed Authority sought to operate as a souri-Nebraska State line to its inter­ January 22, 1971. Applicant: CROUSE common carrier, by motor vehicle, over section with the Missouri-Kansas State CARTAGE COMPANY, Post Office Box irregular routes, transporting: Lime, line; thence southerly along the Mis­ 151, Carroll, Iowa 51401. Applicant’s rep­ resentative: William S. Rosen, 630 Os­ in bulk, from Huron, Ohio, to Ecorse, souri-Kansas State line to its intersection born Building, St. Paul, MN 55102. Au­ Mich., and return, for 180 days. Sup­ with U.S. Highway 54; thence easterly along U.S. Highway 54 to Junction U.S. thority sought to operate as a common porting shipper: The Federal Lime & carrier, by motor vehicle, over irregu­ Stone Co., Tower East Building, Cleve­ Highway 71; thence southerly along U.S. lar routes, transporting: Meat, meat land, OH 44122. Send protests to: Dis­ Highway 71 to Camp Clark, Mo.; thence returning northerly along U.S. Highway products and meat byproducts, from trict Supervisor Baccei, Interstate Com­ Storm Lake, Iowa; to points in Inidana, merce Commission, Bureau of Opera­ 71 to Junction U.S. Highway 54; thence easterly along U.S. Highway 54 to junc­ Kansas, Maryland, Michigan, Missouri, tions, 181 Federal Office Building, 1240 Nebraska, New Jersey, New York, Ohio, East Ninth Street, Cleveland, OH 44199. tion Missouri Highway 42; thence east­ erly along Missouri Highway 42 to junc­ Pennsylvania, and the District of Colum­ No. MC 109172 (Sub-No. 8 T A ), filed tion Missouri Highway 17; thence north­ bia for 180 days. Supporting shipper: Hy- January 21,1971. Applicant: NATIONAL westerly along Missouri Highway 17 to grade Food Products Corp., 11801 Mack TRANSFER, INC., doing business as 4100 junction Missouri Highway 52; thence Avenue, Detroit, M I 48214. Send protests East Marginal Way South, Seattle WA northwesterly along Missouri Highway to: Carroll Russell, District Supervisor, 98134. Applicant’s representative: George 52 to junction UB. Highway 54; thence Interstate Commerce Commission, Bu­ Kargianis, 2120 Pacific Building, Seattle, easterly along U.S. Highway 54 to its reau of Operations, Room 304, Post Of­ W A 98104. Authority sought to operate intersection with the Missouri River; fice Building, Sioux City, IA 51101. as a common carrier, by motor vehicle, thence easterly along the Missouri River No. MC 127505 (Sub-No. 40 T A ), filed over irregular routes, transporting: to its confluence with the Mississippi January 22, 1971. Applicant: R A LP H H. Cargo containers, empty and general River, the point of beginning of this de­ BOELK, doing business a s B O E L K cargo containers, loaded, between points scription and (2) between points in the TRUCK LINES, Route 2, Mendota, IL in King and Pierce Counties, Wash., on St. Louis, Mo.-East St. Louis, 111. com­ 61342. Applicant’s representative: Walter the one hand, and, Oregon and points in mercial zone as defined by the Commis­ J. Kobos, 1016 Kehoe Drive, St. C h a rles, Oregon and Washington on the other, for sion and those points in Kansas within IL 60174. Authority sought to o p e r a t e as 180 days. ote Applicant states it does N : the Kansas City, Mo.-Kansas City, Kans. a common carrier, by motor vehicle, over intend to tack the authority held in MC commercial zone as defined by the Com­ irregular routes, transporting; Tractor 109172. Supporting shippers: American mission, for 150 days. Supporting cabs, from Rock Falls, 111., to Farmington, Mail Line, 1010 Washington Building, shippers: Hautly Cheese Co., Inc., 5130 Pontiac, Taylor, and Utica, Mich., fo r 180 Seattle, W A 98101; Geo. S. Bush & Co., Northrup Avenue, St. Louis, MO 63110. days. Supporting shipper: N o r th e a s t Inc., 259 Colman Building, Seattle, WA Krey Packing Co., St. Louis, MO 63107. Tractor Cab Co., 804 East 11th S treet, 98104; Japan Line (U.S.A.) Ltd., 2220 Frigo Chees Corp., Post Office Box 5147, Rock Falls, IL 61071. Send protests to: Pacific Building, Seattle, W A 98104; Mc- Kansas City, KS 66119. Send protests to: William J. Gray, Jr., District Supervisor, Clary, Swift & Co., Inc., 909 Western District Supervisor J. P. Werthmann, Interstate Commerce Commission, Bu­ Avenue, Seattle, W A 98104; Northland Interstate Commerce Commission, Bu­ reau of Operations, Everett M c K in le y Marine Lines, Inc., 653 Northwest 41st reau of Operations, Room 1465, 210 Dirksen Building, 219 South D e a rb o r n Street, Seattle, W A 98107; North Star North 12th Street, St. Louis, MO 63101. Street, Room 1086, Chicago, IL 60604. Forwarding Co., 1102 Southwest Mas­ sachusetts Street, Seattle, W A 98134; No. MC 114389 (Sub-No. 15 T A ), filed No. MC 133700 (Sub-No. 4 TA), filed Williams, Dimond & Co., 1515 Pacific January 22, 1971. Applicant: GALE B. January 22, 1971. Applicant: DUCKETT Building, Seattle, W A 98104. Send pro­ ALEXANDER, 120 South Ward Street, TRANSFER COMPANY, INC., 74 tests to: E. J. Casey, District Supervisor, Ottumwa, IA 52501. Applicant’s repre­ Meadow Road, Asheville, NC 28803. Ap­ Bureau of Operations, Interstate Com­ sentative: Kenneth F. Dudley, Post Office plicant’s representative: McGuire Baley merce Commission, 6130 Arcade Build­ Box 279, Ottumwa, IA 52501. Authority & Wood, Post Office Box 748, Asheville, ing, Seattle, W A 98101. sought to operate as a contract carrier, NC 28802. Authority sought to operate by motor vehicle, over irregular routes, as a contract carrier, by motor vehicle, No. MC 111284 (Sub-No. 2 T A ), filed transporting: Beer and malt beverages, over irregular routes, transporting: January 22, 1971. Applicant: Q & R from South Bend, Ind., to Ottumwa, Orange juice, in bulk, from Brooksville, MOTOR SERVICE CO., 2701 West Clay Iowa; with return of empty containers, Fla., to Asheville, N.C., under a continu­ Street, St. Charles, MO 63301. Appli­ for 180 days. Supporting shipper: Mutt ing contract with Gerber Products Com­ cant’s representative: B. W. LaTourette, Harris Distributing Co., Ottumwa, Iowa pany of Asheville, N.C., for delivery to Jr., 1850 Railway Exchange Building, 611 52501. Send protests to: Ellis L. Annett, Gerber’s Asheville, N.C., processing plant, Olive Street, St. Louis, MO 63101. Au­ District Supervisor, Interstate Commerce for 180 days. Supporting shipper: Ger­ thority sought to operate as a common Commission, Bureau of Operations, 677 ber Products Co., Post Office Box 2689, carrier, by motor vehicle, over irregular Federal Building, Des Moines, IA 50309. Asheville, NC 28802. Send protests routes, transporting: (1) Fresh meats, to: Jack K. Huff, District Supervisor, Inter­ meat products, meat byproducts, as de­ No. MC 117765 (Sub-No. 117 T A ), filed scribed in section A to appendix I in De­ January 22, 1971. Applicant: HAHN state Commerce Commission, Bureau of scriptions in Motor Carrier Certificates, TRUCK LINE, INC., 5315 Northwest Operations, 316 East Morehead, Suite 417 (BSR Building) Charlotte, NC 28202. 61 M.C.C. 209 and 766, (2) packinghouse Fifth Street, Post Office Box 75267, Okla­ products, cheese, dairy products, food­ homa City, OK 73107. Applicant’s repre­ No. MC 134677 (Sub-No. 1 TA), filed stuffs and food products, all requiring sentative: R. E. Hagan (same address as January 22, 1971. Applicant: J- temperature control and (3) advertising above). Authority sought to operate as a NOONAN TRANSPORTATION, or display material used in connection common carrier, by motor vehicle, over Linden Street, Brockton, Mass. 02401.

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 NOTICES 1449

Applicant’s representative: Prank J. tion, Inyo County, Calif., to the Tenneco has decided to stay the implementation Weiner, 6 Beacon Street, Boston, MA Oil Co. plantsite located approximately of said Circular until all interested par­ 02108. Authority sought to operate as a 15 miles south of Lathrop Wells, Nye ties have expressed their views and contract carrier, by motor vehicle, over County, Nev.; and (2) Calcium Borate comments. irregular routes, transporting: Gasoline, (in bulk) from the plantsite of the Ten­ In the circumstances, all carriers may in bulk, in tank vehicles, from Tiverton, neco Oil Co. plantsite located approxi­ proceed to close their accounts for the R.I., to points in Massachusetts, for 180 mately 15 miles south of Lathrop Wells, year 1970 without giving effect to the days. Supporting shipper: P & H Trust, Nye County, Nev., to points in California requirements of the Circular. 551 Washington Street, Abington, MA and Nevada, for 180 days. Supporting In view of the status of the Penn Cen­ 02351. Send protests to: John B. Thomas, shipper: Tenneco Oil Co. (Lewis McKin­ tral Transportation Co. reorganization Interstate Commerce Commission, Bu­ ley, Jr., Traffic Manager), Post Office proceedings at this time, it is presumed reau of Operations, J. P. Kennedy Build­ Box 2511, Houston, T X 77001, for 180 that the receivables in question will be ing, Room 2211-B, Government Center, days. Supporting shipper: Tenneco Oil transferred to account 741, Other Assets, Boston, MA 02203. Co. (Lewis McKinley, Jr., Traffic Mana­ in the 1970 accounts. No. MC 135244 TA, filed January 22, ger), Post Office Box 2511, Houston, TX* Any party desiring to make representa­ 1971. Applicant: NUTRITIO N PLUS, 77001. Send protests to: District Super­ tion in favor of or against the Circular INC., 1000 Hillcrest Road, Wayne, NE visor John C. Redus, Bureau of Opera­ may do so through submission of written 68787. Authority sought to operate as a tions, Interstate Commerce Commission, data, views or comments for considera­ Post Office Box 61212, Houston, TX. contract carrier, by motor vehicle, o.ver tion. An original and five copies of any irregular routes, transporting: Feed and By the Commission. such representation must be filed with feed ingredients, from Malvern, Iowa, to the Secretary of the Interstate Commerce [seal] Robert L. Oswald, Commission, Washington, D.C. 20423, points in Burt, Cummings, Dakota, , Secretary. Dixon, Thurson, and Wayne Counties, within 45 days after publication of this Nebr., for 180 days. Supporting shipper: [P R Doc.71-1238 Piled 1-28-71; 8:48 am] notice in the Federal Register. The Standard Chemical Manufacturing Co., Commission will consider all such re­ Malvern, Iowa. Send protests to: Carroll [Accounting Series Circular No. 144—Rev.] sponses and representations before de­ ciding this matter, after which appro­ Russell, District Supervisor, Interstate PENN CENTRAL TRANSPORTATION Commerce Commission, Room 304 Fed­ priate action will be taken. eral Building, Sioux City, IA 51101. CO. ET AL. Service of this notice shall be made Accounting Series Circular on all carriers by railroad which are No. MC 135246 TA, filed January 22, affected hereby and notice thereto shall 1971. Applicant: JIMBO, INC., 3810 January 25, 1971. be given the general public by depositing Westheimer, Suite 410, Houston, T X a copy of this notice in the Office of the 77027. Applicant’s representative: Ever­ On January 8, 1971, the Bureau of Ac­ counts issued Accounting Series Circular Secretary of the Commission at Wash­ ett Hutchinson, 1140 Connecticut Avenue ington, D.C., and by filing the notice with NW., Washington, DC 20036. Authority No. 144—Revised, instructing the rail­ roads to write off certain accounts re­ the Director, Office of the Federal sought to operate as a contract carrier, Register. by motor vehicle, over irregular routes, ceivable due from the Penn Central transporting: (1) Crude borate rock (in Transportation Co. and other railroads By the Commission, division 2. in-bankruptcy in their 1970, accounts. bulk) from the site of the Tenneco Oil [seal] Robert L. Oswald, Co. installation located approximately 28 Upon consideration of petitions filed with Division 2 seeking rescission or post­ Secretary. miles northwest of Death Valley junc­ ponement of the Circular, the Division [P R Doc.71-1239 Filed. 1-28-71;8:50 am]

FEDERAL REGISTER, VOL 36, NO. 20— FRIDAY, JANUARY 29, 1971 1450 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— JANUARY

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

Page Page 3 CFR 7 CFR— Continued 7 CFR—Continued Page P roclamations : 1831______1099 Proposed Rules—Continued 3548 (see Proc. 4026)------5 1871______1110 1 1 3 3 ______921 3558 (see Proc. 4026)------5 1890k— ______1131 1 1 3 4 ______- ______921 3562 (see Proc. 4026)______5 18901______1131 1 1 3 6 ______921 3597 (see Proc. 4026)______5 Proposed Rules: 1 1 3 7 ______921 3709 (see Proc. 4026)______5 32______1204 1 1 3 8 __ 921 3790 (see Proc. 4026)______5 68______545 3822 (see Proc. 4026)____ 5 81______— 984 8 CFR 3856 (see Proc. 4026)______5 Ch. IX ______1266 3 ______- ______316 3870 (see Proc. 4026)______' 5 907______22 1 0 0 ______316 3884 (see Proc. 4026)----- 5 908— ___ 22 1 0 3 ______316 4026 ______5 928______— _ 1341 2 1 1 ______— — ______1247 4027 _____ 1187 987______112 2 1 2 ______317 E x e c u t iv e O r ders: 999______1354 2 3 4 ______317 10427 (revoked by EO 11575)- 37 1001______- 921 2 3 8 ______1247 10737 (revoked by EO 11575)- 37 1002______— 921 2 4 2 ______317 10973 (superseded in part by 1004______921 2 4 3 ______317 EO 11579)______969 1006______921 3 4 1 ______1247 11248 (amended by EO 11581). 1027 1007______921 11495 (revoked by EO 11575). 37 1011______. . . . 921 9 CFR ____ 921 11575 ______37 1012______2 ______1132 1013______921 11576 ------347 7 6 ______74, ____ 921 11577 ______349 1015______144, 265, 318, 353, 493, 599, 776, 1030______921 11578 ______683 8 9 9 , 1 0 3 8 921, 1273 11579 ______969 1032 ___ 7 8 ______493 — 921 11580 ______971 1033 ___ 9 7 ______1038, 1192 921 11581 ______1027 1036______2 0 1 ______1039, 1132 1040______921 5 CFR 1043 ___ 921 10 CFR 1044_____ a _____ 921- 213______- 11, 2— ______828 39, 261, 315, 353, 600, 1029, 1087, 1046______921 1049 ______921 3 0 ______145 1407 4 0 ______145 531______1029 1050 ______- ______921 1060.______921 5 0 ______828 2401—______« ------1189 7 0 ______146 2410.______315 1061______. 370, 921 1062______921, 1355 1 7 0 . ______146 7 CFR 1063 ______921 1064 _____ ... 921 12 CFR 0______413 1065 ______921 ____ 1040 20______40 213— ______1068______921 224______— 973 53______1029 1069 ______921 _____ 1040 201 ______1314 226______1070 ______921 303______— 1248 202 ______- 1314 1071 ___ — 921 __ 1248 210______1245, 1246 304 ______1073______921 „ 1248 215______1030 326______1075 ______921 334______„ 1248 220______1246 1076 _ ____ 921 — 1249 225______1030 336 ______1078— ______921 545- ______901 270______261 1079______— 921 902 301______139, 261 563 ______1090—, ______921 740 ______902 354______823,1190 1094______921 401______262 1096 ___ * 921 P roposed R u l e s : 722______11, 40 1097 ______921 222______. 1430, 1432 942 725______11 1098 ______921 545______- 1211 728______1030 1099 ______921 564 ______730______139, 140, 900 1101______. 921, 984 812______140 1102—______921 13 CFR 814 ______141 1103 ______921 1 2 1 ______. 43, 213, 315, 421, 1043 815 ______11 1104 ______921 857______1______1325 1106,______921 P roposed R u l e s : 294 905—______40, 41 1108______921 121______906 ______143 1120—______921 907 ______144, 213, 543, 973, 1325 1121______921 909 ______1087 14 CFR 1124.______921 43 910 ____ 41, 315, 685, 901, 1190, 1247 i_. ------15 1125 ______921 37. 915______1191 1126 ______921 930______1088 39 I—ZIII—II————I” -"- l5> 1127 ______921 214l 421, 422, 773, 904, 974, 1135, 947______1325 1128 ______921 953____ 1192 1249 1129— ______921 44, 966______41 71. 971______421 1130 ______921 147, 214-216, 319, 494, 773, 774, 1421______;___41, 42 1131 ______921 904, 905, 974, 1249, 1250 44, lodi 1804______1095 1132 ______921 73. FEDERAL REGISTER 1451

14 CFR— Continued Page 19 CFR pag6 24 CFR— Continued Pag* ______44, 494 1 ______601 1000______687 75— — ______43 4 ______1056,1408 1100______687 91------______823 6 __ 1057 1914______263, 606 95------8 ______1057 1915______264, 607 97------147, 353, 600, 775,1044, 1407 45 10____ 778 P roposed R u l e s : 121------— ______45 15______I______1057 135______1720______985 ______1135 18______:__ 1058 208------______1135 123______1058 224______25 CFR ______600 174______- ______778,1058 1204______------P roposed R u l e s : P roposed R u l e s : Proposed R u l e s : 15______1204 Ch. I ------1275 8______— 781 432 25______829 10______26 CFR 23 13______432 37------266 931 16______432 i______— 1------39------150 25______432 13______— 505 224, 225, 323-325, 556, 782, 783, 54:______432 44 ______506 932,995,1357,1358 45 ______154------151 73______435, 833 20 CFR 75 ______..... 165r 1275 181______.______i______658, 909 615-______— 46 301______506 91 __ .______325 625-______— ------601 f!h TT ______1209 P roposed R u l e s : P roposed R u l e s : 221______1358 1— ______17, 302______— ----- 1209 404______612 70, 106, 292, 370, 781, 1149, 1151 31______- ______20 15 CFR 21 CFR 42______-______107 905 19 ______495 inno ______975 20 ______™ 422 28 CFR 45______977 Proposed Rules: o______981, 1251 120. 423 7______113 121____——————————— 423, 495 29 CFR 1020______547 130______824 1025______547 133______601, 1193 4______285 1030______547 135a______424 6______287 1035______547 135c______423 462™ ______688 1040______547 135e______495 524______50 1050______— 547 135g— ______496 541______608 138______778 619______221 16 CFR 141______1136, 1327 661______221 13...... 905-908, 1045-1056, 1250 147______1408 672______427 421 «• 45 148e______H37 683______428 422 _____ 354 148h______148 721______428 501 _ .... ______1329 1481______825 723 ______52 148j______1408 724 ______429 Proposed Rules: 725 ______222 415 226 1480______1136 149q______1327 726 ______427 428 ______784 148s____ 1408 728 ______1058 429___ 437, 945, 1211 729 ______1059 430. . 316______978 ______379 42C______424, 1193 870______067 432 ' ______379 433 1 2 1 1 P roposed R u l e s : P roposed R u l e s : 434 1 2 1 2 3______928 30______1419 501 _ _ ■ 945 19______— 1153 462______985 25______829 525______69 17 CFR 121______224 541______. . 1273 230______130______1274 239____ 191______1275 30 CFR 240__ 100—______779 23 CFR Proposed R ules: P roposed R u l e s : l ______1253 150______1340 71— ______252 204. 31 CFR 18 CFR CFR 101___ 605______- ______1138 200______. 424 105------511, 525 ______216, 685, 1410 32 CFR 141------5 1 2 , 5 3 0 216, 686 155______319 154------_ _ 45 213. fiRfi 259 • ' 505 201------366, 512 216, 686 564______1138 2J4------515, 530 ______686, 1410 865______1138 III------516,537 232. 888 1001 1251 m------366, 517, 543 233. 909 1012_ .... 1251 Proposed R u l e s : ______-•______686, 1410 1472______687 2------437 154------69, 167, 943 ______687, 1410 1709 ______367, 1329 157------943 236. 687 1710 _ _ 367, 1330 201------377, 945 241. 687 1711. 1330 260------377, 943, 945 242. 687 1715______1330 1452 FEDERAL REGISTER

32A CFR P a g e 41 CFR P a g e 46 CFR— Continued Pa8e OIA (Ch. X ) : l - i ___ 288 390 ------;------368 OI Reg. 1______52, 320, 775 1-2___ 288 541------;------,------1337 n s a (Ch. x v n i ) : 1-16__ 217, 826 P roposed R u l e s : AGE 2______429 3-1— 56 251------1208 P roposed R u l e s : 3-7— 56 3-16__ 56 381------609 Ch. X ______224, 1062 5A-2_ 157, 505 542______— — _ 834, 996 5A-6_ — 1263 33 CFR 5A-7_ __ 1411 4 7 CFR q Q n o i o o >7 5A-8_ __ 157 0------158, 505 m l II I II I ” Il 982~ I l 94~ Îl95~ 1410, 1411 5A-16- __ 157 1 -- 1147 207 ______1252 5A-72- 15 42 gjq 208 ______54 5A-76- 1264 73—I I I I I I I I I —I — ___I 9 I5 1 1264, 1415 P roposed R u l e s : 5B-16_ 828 97______158 18-2— — 691 roposed u l e s 66______928 P R : 18-3— — 707 2______1425 117______323, 1208 18-4— — 761 209______983 63______1064 50-201. __ 288 7 3 329 50-203. __ 288 35 CFR ~557l~560,~5621TlY, 618" "934, 935,’ 101-26 . . . 1412 996, 1066, 1160« 1426-1429 5______496 114-26. 59 114-38. 59 74 ______619, 936, 939,1425 36 CFR 114-45. __ 59, 221 114-47. — 221 4 9 CFR 1 ______154 1______367, 430 2 ______685 42 CFR 5______430 6 _____ 156 ______458______1143 7______63,430 7______55, 156, 506 481______222 9______431 12______154 95______431 P roposed R u l e s : 55______154 99______431 251______156 481______226, 173______64 P roposed R u l e s : 293, 435, 436, 613, 616, 617, 932, 250______769 933, 934, 1210, 1276 2______167 391 ______222 6______1062 551______- ______1147 43 CFR 553______1147 37 CFR P u b l ic L an d O rders : 555______— ...... 1148 4582 (modified by PLO 4988) _ 321 567______1148 P roposed R u l e s : 4669 (see PLO 4988)______321 571______289, 503, 1148, 1195 1 ______610, 611, 1356, 1357 4962 (see PLO 4988)______321 574 ______1196 2 ______611 4976______60 575 ______.______H48 3______1357 4978______60 601______982 49791______60 1033______64, 772, 773, 1202,1417 38 CFR 4980 ______61 1055 ______1337 4981 ______61 1056 ______158 2______1253 4982 ______61 1201______64 6______- ______368 4983 ______61 P roposed R u l e s : 8______368 4984 ______61 71______225 17______4985 320 ______62 173— IIIIII_IlI ____ 292, 613, 1153 36______320, 543, 1253 4986 ______62 178______613, 1063 4987 ______193367_____ 996 39 CFR 4988—______321 230______833 1______688 P roposed R u l e s : 571____166, 326, 996,1064,1156,1160 2850_^______782 575______— 55J 2______— 688 Ch. X ______238 3 ______.______689 45 CFR 1061------« 4 _ 690 1100-______——___ — ----- 438 113 ______1412 5 _ 690 114 ______1412 6 ______690 1415 5 0 CFR 115 ______17 1264 169______, ______1141, 1409 177______62 171______— ______157 213— ______1454 28______368, 369, 506, 1339 33______16, 322, 369, 431, 825,1059 958______1142 251______912 240______—— 158 3001______396 46 CFR P roposed R u l e s : P roposed R u l e s : 2______982 „ . 1062 124— — ...... — 433 308______1336 JrT?T?TM?U I /1 / 1 / r\ r\ A TI / REGISTER VOLUME 36 • NUMBER 20 Friday, January 29, 1971 • Washington, D.C. P A R T II

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE Social and Rehabilitation Service

PRACTICE AND PROCEDURE FOR HEARINGS TO STATES ON CONFORMITY OF PUBLIC ASSISTANCE PLA N S t o f e d e r a l REQUIREMENTS 1454 RULES AND REGULATIONS

Subpart C— Hearing Procedures only of exhibits and transcripts of testi­ Sec. mony need be filed. Title 45— PUBLIC WELFARE 213.21 Who presides. (b) All papers in the proceedings shall 213.22 Authority of presiding officer. Chapter II— Social and Rehabilitation 213.23 Rights of parties. be served on all parties by personal de­ Service (Assistance Programs), De­ 213.24 Evidentiary purpose. livery or by mail. Service on the party’s partment of Health, Education, and 213.25 Evidence. designated attorney will be deemed serv­ 213.26 Exclusion from hearing for miscon­ ice upon the party. Welfare duct. 213.27 Unsponsored written material. Subpart B— Preliminary Matters— PART 213— PRACTICE AND PROCE­ 213.28 Official transcript. Notice and Parties DURE FOR HEARINGS TO STATES 213.29 Record for decision. § 213.11 Notice o f hearing or opportu­ ON CONFORMITY OF PUBLIC AS­ Subpart D— Posthearing Procedures, Decisions nity for hearing. SISTANCE PLANS TO FEDERAL 213.31 Posthearing briefs. REQUIREMENTS Proceedings are commenced by mailing 213.32 Decisions following hearing. a notice of hearing or opportunity for 213.33 Effective date of Administrator’s de­ hearing from the Administrator to the The regulations in this part were pub­ cision. lished in the F ederal R eg ister on July State. The notice shall state the time 29, 1970 (35 F.R. 12182), and made ef­ A u t h o r it y : The provisions of this Part 213 and place for the hearing, and the issues issued under sec. 1102, 49 Stat. 647, 42 U.S.C. fective upon publication. Although the 1302. which will be considered, and shall be notice of proposed rule making was dis­ Subpart A— General published in the F ederal R egister. pensed with, due to the nature and §213.12 Time of hearing. urgency of the regulations, the submis­ § 213.1 Scope o f rules. sion of comments, suggestions, and The hearing shall be scheduled not less (a) The rules of procedure in this than 30 days nor more than 60 days after objections were invited. part govern the practice for hearings af­ As a result of such comments and of the date notice of the hearing is fur­ forded by the Department to States nished to the State. experience in the conduct of hearings, pursuant to § 201.4 or § 201.6 (a) or (b) the regulations are revised to clarify: of this chapter, and the practice relating § 213.13 Piece. 1. The limitations on suspension of to decisions upon such hearings. These The hearing shall be held in the city rules (§ 213.4); rules may also be applied to hearings in which the regional office of the De­ 2. That the time limits apply to afforded by the Department to States partment is located or in such other scheduling rather than to the actual in other Federal-State programs for place as is fixed by the Administrator carrying out of the hearing (§213.12); which Federal administrative responsi­ in light of the circumstances of the case, 3. That an issue may be complied with, bility has been delegated to the Service. with due regard for the convenience and removed from the proceedings, (b) Nothing in this part is intended and necessity of the parties or their either in whole or in part (§ 213.14(c) to preclude or limit negotiations between representatives. the Department and the State, whether (1) and (2) and (d)); * § 213.14 Issues at hearing. 4. That individuals or groups request­ before, during, or after the hearing, ing participation must serve copies of to resolve the issues which are, or other­ (a) The Administrator may, prior to the petition on all parties of record wise would be, considered at the hear­ a hearing under § 201.6 (a) or (b) of this and such parties shall have 5 days to ing. Such negotiations and resolution of chapter, notify the State in writing of file comments thereon (§ 213.15(b) (2) issues are not part of the hearing, and additional issues which will be consid­ and (3)); are not governed by the rules in this ered at the hearing, and 'such notice shall be published in the F e d e r a l R egis­ 5. That the presiding officer has au­ part, except as expressly provided herein. t e r . If such notice is furnished to the thority to continue a hearing, subject § 213.2 Records to be public. State less than 20 days before the date to statutory time limitations on hear­ All pleadings, correspondence, exhibits, of the hearing, the State or any other, ings under section 1116(a) (2) of the So­ transcripts of testimony, exceptions, party, at its request, shall be granted a cial Security Act (§ 213.22(a) (1)); briefs, decisions, and other documents postponement of the hearing to a date 6. That the Administrator shall serve filed in the docket in any proceeding 20 days after such notice was furnished, copies of the recommended findings and may be inspected and copied in the of­ or such later date as may be agreed to the proposed decision on each party and fice of the SRS Hearing Clerk. Inquiries • by the Administrator. each amicus (§ 213.32(b) Cl)); may be made at the Central Informa­ Ob) If, as a result of negotiations be­ 7. That the requirement in § 213.32 tion Center, Department of Health, Ed­ tween the Department and the State, (c) applies only to hearings pursuant to ucation, and Welfare, 330 Independence the submittal of a plan amendment, a § 201.6(a) of this chapter; Avenue SW., Washington, DC 20201. change in the State program, or other actions by the State, any issue is re­ 8. The effective date of the Adminis­ § 213.3 Use of gender and number. trator's decision on withholding of Fed­ solved in whole or in part, but new or eral funds (new §213.33). As used in this part, words importing modified issues are presented, as speci­ the singular number may extend and be fied by the Administrator, the hearing Accordingly, Part 213 is revised to read applied to several persons or things, and shall proceed on such new or modified as set forth below, effective on date of vice versa. Words importing the mascu­ Issues publication in the F ederal R egister line gender may be applied to females (c) (1) I f at any time, whether prior (1-29-71): or organizations. to, during, or after the hearing, the Ad­ ministrator finds that the State has Subpart A— General § 213.4 Suspension of rules. Sec. - come into compliance with Federal re­ 213.1 Scope of rules. Upon notice to all parties, the Admin­ quirements on any issue, in whole or in 213.2 Records to be public. istrator or the presiding officer, with re­ part, he shall remove such issue from the 213.3 Use of gender and number. spect to matters pending before him and proceedings in whole or in part, as may 213.4 Suspension of rules. within his jurisdiction, may modify or be appropriate. I f all issues are rem o ved , 213.5 Filing and service of papers. waive any rule in this part upon determi­ he shall terminate the hearing. nation that no party will be unduly Subpart B— Preliminary Matters— Notice and (2) Prior to the removal o f any issne Parties prejudiced and the ends of justice will from the hearing, in whole or in partjh® thereby be served. all parses 213.11 Notice of hearing or opportunity for Administrator shall provide hearing. § 213.5 Filing and service of papers. other than the Department and the State 213.12 Time of hearing. (see § 213.15(b)) with the statement oi 213.13 Place. (a) All papers in the proceedings shallhis intention, and the reasons therefor, 213.14 Issues at hearing. be filed with the SRS Hearing Clerk, in and a copy of the proposed State pi»“ 213.15 Request to participate in hearing. an original and two copies. Originals provision on which the State and he have

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 RULES AND REGULATIONS 1455 settled, and the parties shall have oppor­ amicus curiae is not a party but may production of witnesses, papers, or other tunity to submit in writing within 15 participate as provided in this para­ evidence. days, for the Administrator’s consider­ graph. (c) I f the presiding officer is a hear­ ation and for the record, their views as to, (2) An amicus curiae may present aing examiner, his authority pertains to or any information bearing upon, the brief oral statement at the hearing, at the issues of compliance by a State with merits of the proposed plan provision and the point in the proceedings specified Federal requirements which are to be the merits of the Administrator’s reasons by the presiding officer. He may submit considered at the hearing, and does not for removing the issue from the hearing. a written statement of position to the extend to the question of whether, in case (d) The issues considered at the presiding officer prior to the beginning of any noncompliance, Federal payments hearing shall be limited to those issues of of a hearing, and shall serve a copy on will not be made in respect to the entire which the State is notified as provided in each party. He may also submit a brief State plan or will be limited to categories § 213.11 and paragraph (a) of this sec­ or written statement at such time as the under or parts of the State plan affected tion, and new or modified issues de­ parties submit briefs, and shall serve a by such noncompliance. scribed in paragraph (b) of this section, copy on each party. §213.23 Right o f parties. and shall not include issues or parts of issues removed from the proceedings pur­ Subpart C— Hearing Procedures All parties may: suant to paragraph (c) of this section. § 213.21 W ho presides. (a) Appear by counsel or other au­ thorized representative, in all hearing § 213.15 Request to participate iit hear­ (a) The presiding officer at a hear­ proceedings. ing. ing shall be the Administrator or, at his (b) Participate in any prehearing (a) The Department and the State discretion a hearing examiner assigned conference held by the presiding officer. are parties to the hearing without mak­ under 5 U.S.C. 3105 or 3344. (c) Agree to stipulations as to facts ing a specific request to participate. (b) The designation of the presiding which will be made a part of the record. (b) (1) Other individuals or groups officer shall be in writing. A copy of the (d) Make opening statements at the may be recognized as parties, if the is­ designation shall be served on all hearing. sues to be considered at the hearing have parties. (e) Present relevant evidence on the caused them injury and their interest is § 213.22 Authority o f presiding officer. issues at the hearing. within the zone of interests to be pro­ (f) Present witnesses who then must tected by the governing Federal statute. (a) The presiding officer shall have be available for cross-examination by all (2) Any individual or group wishing the duty to conduct a fair hearing, to other parties. to participate as a party shall file a peti­ avoid delay, maintain order, and make (g) Present oral arguments at the tion with the SRS Hearing Clerk within a record of the proceedings. He shall hearing. 15 days after notice of the hearing have all powers necessary to accomplish (h) Submit written briefs, proposed these ends, including, but not limited to, has been published in the F ederal R eg­ findings of fact, and proposed conclu­ the power to: ister, and shall serve a copy on each sions of law, after the hearing. party of record at that time, in accord­ (1) Change the date, time, and place § 213.24 Evidentiary purpose. ance with § 213.5(b). Such petition shall of the hearing, upon due notice to the concisely state (i) petitioner’s interest parties. This includes the power to con­ The hearing is directed to receiving in the proceeding, (ii) who will appear tinue the hearing in whole or in part. factual evidence and expert opinion tes­ for petitioner, (iii) the issues on which In hearings pursuant to section 1116(a) timony related to the issues in the pro­ petitioner wishes to participate, and (2) of the Social Security Act (see ceeding. Argument will not be received (iv) whether petitioner intends to pre­ § 201.4 of this chapter), changes of time in evidence; rather it should be pre­ sent witnesses. are subject to the requirements of the sented in statements, memoranda, or (3) Any party may, within 5 days of statute. briefs, as determined by the presiding receipt of such petition, file comments (2) Hold conferences to settle or sim­ officer. Brief opening statements, which thereon. plify the issues in a proceeding, or to shall be limited to statement of the (4) The presiding officer shall consider other matters that may aid party’s position and what he intends to promptly determine whether each peti­ in the expeditious disposition of the prove, may be made at hearings. proceeding. tioner has the requisite interest in the § 213.25 Evidence. proceedings and shall permit or deny (3) Regulate participation of parties participation accordingly. Where peti­ and amici curiae and require parties and (a) Testimony. Testimony shall be tions to participate as parties are made amici curiae to state their position with given orally under oath or affirmation by by individuals or groups with common respect to the various issues in the witnesses at the hearing. Witnesses shall interests, the presiding officer may re­ proceeding. be available at the hearing for cross- quest all such petitioners to designate a (4) Administer oaths and affirma­ examination by all parties. single representative, or he may recog- tions. (b) Stipulations and exhibits. Two or flize one or more of such petitioners' to (5) Rule on motions and other pro­ more parties may agree to stipulations represent all such petitioners. The pre­ cedural items on matters pending be­ of fact. Such stipulations, or any exhibit siding officer shall give each petitioner fore him. proposed by any party, shall be ex­ written notice of the decision on his (6) Regulate the course of the hear­ changed at the prehearing (conference Petition, and if the petition is denied, ing and conduct of counsel therein. or otherwise prior to the hearing if the he shall briefly state the grounds for (7) Examine witnesses. presiding officer so requires. denial. (8) Receive, rule on, exclude or limit (c) Rules of evidence. Technical rules (c) (1) Any interested person or or­ evidence. of evidence shall not apply to hearings ganization wishing to participate as (9) Fix the time for filing motions, conducted pursuant to this part, but amicus curiae shall file a petition with petitions, briefs, or other items in mat­ rules or principles designed to assure me SRS Hearing Clerk before the com­ ters pending before him. production of the most credible evidence available and to subject testimony to mencement of the hearing. Such peti­ (10) If the presiding officer is the test by cross-examination shall be ap­ tion shall concisely state (i) the peti­ Administrator, make a final decision. tioner’s interest in the hearing, (ii) who plied where reasonably necessary by the win represent the petitioner, and (iii) (11) If the presiding officer is a hear­ presiding officer. A witness may be cross- ing examiner, certify the entire record he issues on which petitioner intends examined on any matter material to the rL bfesent argument. The presiding including his recommended findings and proposed decision to the Administrator. proceeding without regard to the scope ® « * may grant the petition if he finds of his direct examination. The presiding «at the petitioner has a legitimate ln- (12) Take any action authorized by officer may exclude irrelevant, immate­ ... ,ln the proceedings, that such par- the rules in this part or in conformance cmation will not unduly delay the out- with the provisions of 5 U.S.C. 551-559. rial, or unduly repetitious evidence. All fh7 e and may contribute materially to (b) The presiding officer does not have documents and other evidence offered or e Proper disposition of the issues. An authority to compel by subpena the taken for the record shall be open to

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971 1456 RULES AND REGULATIONS examination by the parties and oppor­ section of the docket, including rulings to categories under or parts of the State tunity shall be given to refute facts and* and any recommended or initial decision plan not affected by such noncompli­ arguments advanced on either side of shall constitute the exclusive record for ance. The Administrator may ask the the issues. decision. parties for recommendations or briefs § 213.26 Exclusion from hearing for Subpart D-^-Posth earing Procedures, or may hold conferences of the parties misconducts on this question. Decisions (d) The decision of the Administrator Disrespectful, disorderly, or contuma­ § 213.31 Posthearing briefs. under this section shall be the final de­ cious language or contemptuous conduct, The presiding officer shall fix the time cision of the Secretary and shall con­ refusal to comply with directions, or con­ stitute “final agency action” within the tinued use of dilatory tactics by any per­ for filing posthearing briefs, which may contain proposed findings of fact and meaning of 5 U.S.C. 704 and a “final son at the hearing before a presiding determination” within the meaning of officer shall constitute grounds for im­ conclusions of law, and, if permitted, reply briefs. section 1116(a) (3) of the Act and mediate exclusion of such person from § 213.7. The Administrator’s decision the hearing by the presiding officer. § 213.32 Decisions following hearing. shall be promptly served on all parties, and amici, if any. § 213.27 Unsponsored written material. (a) I f the Administrator is the presid­ Letters expressing views or urging ac­ ing officer, he shall, when the time for § 213.33 Effective date o f Administra­ tion and other unsponsored written ma­ submission of posthearing briefs has ex­ tor’s decision. terial regarding matters in issue in a pired, issue his decision within 60 days. If, in the case of a hearing pursuant hearing will be placed in the correspond­ (b) (1) If a hearing examiner is the to § 201.6(a) of this chapter, the Ad­ ence section of the docket of the proceed­ presiding officer, he shall, when the time ministrator concludes that a State plan ing. These data are not deemed part of for submission of posthearing briefs has does not comply with Federal require­ the evidence or record in the hearing. expired, certify the entire record, in­ ments, his decision that further pay­ cluding his recommended findings and ments will not be made to the State, or § 213.28 Official transcript. proposed decision, to the Administrator. The Department will designate the The Administrator shall serve a copy of payments will be limited to categories official reporter for all hearings. The the recommended findings and proposed under or parts of the State plan not official transcripts of testimony taken, decision upon all parties, and amici, affected, shall specify the effective date together with any stipulations, exhibits, if any. for the withholding of Federal funds. briefs, or memoranda of law filed there­ (2) Any party may, ^within 20 days, The effective date shall not be earlier with ¿hall be filed with the Department. file with the Administrator exceptions than the date of the Administrator’s de­ Transcripts of testimony in hearings to the'recommended findings and pro­ cision and shall not be later than the may be obtained from the official re­ posed decision and a supporting brief first day of the next calendar quarter. porter by the parties and the public at or statement. (3) The Administrator shall there­ The provisions o f this section may not rates not to exceed the maximum rates upon review the recommended decision be waived pursuant to § 213.4. fixed by the contract between the Efe- ar.d, within 60 days of its issuance, issue partment and the reporter. Upon notice his own decision. Dated: January 6, 1971. to all parties, the presiding officer may (c) I f the Administrator concludes J o h n D. T w in a m e , authorize corrections to the transcript that a State plan does not comply with Administrator, Social and which involve matters of substance. Federal requirements, he shall also, in Rehabilitation Service. the case of a hearing pursuant to § 201.6 Approved: January 21,1971. §213.29 Record for decision. (a) of this Chapter, specify whether The transcript of testimony, exhibits, further payments will not be made to E l l io t L . R ic h a r d so n , and all papers and requests filed in the the State or whether, in the exercise of Secretary. proceedings, except the correspondence his discretion, payments will be limited [PR Dec.71-1169 Piled 1- 2S-71 ;8 :45 am]

FEDERAL REGISTER, VOL. 36, NO. 20— FRIDAY, JANUARY 29, 1971

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