FEDERAL REGISTER VOLUME 36 • NUMBER 60 Saturday, March 27,1971 • Washington, D.C. Pages 5767-5828

Agencies in this issue— Agriculture Department Air Force Department American Revolution Bicentennial Commission Census Bureau Civil Aeronautics Board Civil Service Commission Coast Guard Commerce Department Consumer and Marketing Service Federal Communications Commission Federal Insurance Administration Federal Maritime Commission Federal Power Commission Federal Railroad Administration Federal Reserve System Federal Trade Commission General Services Administration Hazardous Materials Regulations Board Hearings and Appeals Office Housing and Urban Development Department Interior Department Interstate Commerce Commission Justice Department Labor Department Maritime Administration National Highway Safety Bureau Administration Saint Lawrence Seaway Development Corporation Securities and Exchange Commission Small Business Administration Social and Rehabilitation Service Tariff Commission Wage and Hour Division Detailed list of Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(Revised as of January 1, 1971)

Title 24—Housing and Housing Credit______: ______$2. 75

Title 32—National Defense (P arts 1 -8 )______3.25

Title 49—Transportation (Part 1300-End)— ______1.00

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

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

w i n m m n r m r T m Published daily, Tuesday through Saturday (no publication on Sundays, r r l l r i l / a l H r III % I r 11 on the day after an official Federal holiday), by the Office of the Federal Register, 20408, ■ V B k z a Archivestm iiivM dnsand PwRecords nrrfs RpruirnService, fipripwiiGeneral ServicesRprvifips AAdministration, dm inistration. WWashington, ashington, D.o. —Area------— Cede 202 ------Phone 962-8626 pursuant to the authority contained in the Federal Register Act, approved Ju 7 • (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the Fede^ai rf.yn_ proved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government win b Washington, D.C. 20402. _ navable in T h e F ederal R egister will be furnished by mail to subscribers, free of postage, for $2.50 per month or $25 ,%■ check or advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actually bound. Remi money order, made payable to the Superintendent of Documents, U S. Government Printing Office, Washington, D.C. 20402. oursuant The regulatory material appearing herein is keyed to the Code op F ederal R egulations, which is published, under 50 to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The Code op F ederal R egulations is sold by the &up of Documents. Prices of new books are listed in the first F ederal R egister issue of ea ch m on th . nowS There are no restrictions on the republication of material appearing in the F ederal R egister or th e Code op F ederal R eg Contents

AGRICULTURE DEPARTMENT CONSUMER AND MARKETING Notices See also Consumer and Market­ SERVICE Outstanding suspension proceed­ ing Service. ings and temporary certificates Rules and Regulations involving independent produc­ Notices E&g products; grading and in­ ers; order granting in part Arizona; designation of area for and denying in part applica­ spection ______5773 emergency loans------—— 5809 tions for rehearing______5817 Consumer a n d Marketing Service; Lemons grown in California and Hearings, etc.: Arizona; shipment limitations_ 5773 organization and delegations— 5809 Ciroco Exploration, et al__5816 Montana; notice of designation me. AIR FORCE DEPARTMENT under the Federal Meat Inspec­ Iowa Power and Light Co. and tion Act______5794 Iowa-Hlinois Gas and Elec­ Rules and Regulations tric C o .___ \___ !______5817 Unclassified records; disclosure— 5787 Proposed Rule Making Niagara Mohawk Power Corp__5816 Northern Natural Gas Co______5817 AMERICAN REVOLUTION Food containers; proposed amend­ One Day Suspension Period____ 5816 BICENTENNIAL COMMISSION ments to standards for condi­ Southern California Edison Co. 5817 tion ______5800 Texas Gulf Coast Area Rate Notices Praceeding et al______5816 Official symbol for bicentennial DEFENSE DEPARTMENT commemoration; interim rules FEDERAL RAILROAD and regulations______5809 See Air Force Department. ADMINISTRATION CENSUS BUREAU FEDERAL COMMUNICATIONS Rules and Regulations Notices WyjSFi $ $ $ } % & COMMISSION Applications under the Rail Pas­ Alaska, et al.; determination of senger Service Act of 1970 for director regarding voting rights. 5809 Proposed Rule Making loans or guarantee of loans— 5790 CIVIL AERONAUTICS BOARD TV broadcast station, Clarksville, FEDERAL RESERVE SYSTEM Rules and Regulations Tenn.; table of assignments____ 5807 Notices Uniform system of accounts for Notices Midland National Corp.; applica­ certified air carriers; miscella­ tion for approval of acquisition neous amendments_____— ___ 5774 Mexican standard broadcast sta­ of shares of bank______5818 Notices tions; notification list______5812 Hearings, etc.: FEDERAL TRADE COMMISSION Hearings, etc.: Internationa! Air Transport As­ Tropical Radio Telegraph Co. Rules and Regulations and RCA Global Communica­ sociation (2 documents). 5810, 5811 Prohibited trade practices (13 Overseas National Airways, In c. 5810 tions, m e______... _____ 5813 documents)______5774-5783 Zia Tele-Communications, me. CIVIL SERVICE COMMISSION and Alvin L. Korngold______5814 GENERAL SERVICES Notices ADMINISTRATION FEDERAL INSURANCE Grants of authority to make non­ Notices career executive assignments: ADMINISTRATION Department of Commerce____ 5811 Secretary of Defense; delegation Department of Defense______5811 Rules and Regulations of authority______5819 Department of Labor______5811 Department of Transportation. 5811 Areas eligible for sale of insur- HAZARDOUS MATERIALS Revocations of authority to make ance; list-.______5785 REGULATIONS BOARD noncareer executive assign­ Flood hazard areas; list.______5780 ments: Proposed Rule Making Department of Health, Educa- FEDERAL MARITIME Difluoromonochloroethane in tank tion, and Welfare ______5812 trucks and tank cars______5806 Department of the Interior_____ 5812 COMMISSION Department of Transportation. 5812 Notices HEALTH, EDUCATION, AND WELFARE DEPARTMENT COAST GUARD Agreements filed: Proposed Rule Making Medchi Freight Pool______5815 See S ocial and Rehabilitation Service. Difluoromonochloroethane in tank Port of Palm Beach and West trucks______5 8 0 5 India Shipping Co., me... 5815 HEARINGS AND APPEALS COMMERCE DEPARTMENT FEDERAL POWER COMMISSION OFFICE Census Bureau; Maritime Proposed Rule Making Administration. Proposed Rule Making Mine health and safety; hearings Notices Reliability of electric service; and appeals______5795 National Bureau of Standards; or­ weekly report under emergency ganization and functions______5809 conditions______5807 (Continued on next page) 5769 5770 CONTENTS

HOUSING AND URBAN Notices SMALL BUSINESS DEVELOPMENT DEPARTMENT Arista Mills Co.; investigation re­ ADMINISTRATION garding certification of eligi­ See also Federal Insurance Ad­ Notices bility of workers to apply for ad­ ministration. Circle K Investment Corp.; ap­ justment assistance™.______5821 Rules and Regulations plication for license as minority enterprise small business in­ Federal National Mortgage Asso­ MARITIME ADMINISTRATION vestment company______5820 ciation; corporation stock_____ 5784 Gold Coast Capital Corp.; ap­ Rules and Regulations proval of application for trans­ INTERIOR DEPARTMENT fer of control of licensed small Transfer of marine equipment to business investment company. 5820 See also Hearings and Appeals Office. ship operators and shipyards— 5790 Texas; declaration of disaster Notices Proposed Rule Making loan area______.... _____ 5821 Statements of changes in financial Construction-differential subsidy; SOCIAL AND REHABILITATION interests: contract forms______5805 Anderson, John S______5808 SERVICE Rules and Regulations Campbell, Charles A______5808 NATIONAL HIGHWAY TRAFFIC Hall, Glenn H______5808 Administration of medical assist­ Jeter, David G______5808 SAFETY ADMINISTRATION ance programs: Kepner, J. W______5808 Internal Revenue Code infor­ Lentz, Owen A------5808 Rules and Regulations mation reporting require­ McLagan, Robert R— ------5808 ments ______5789 Motor vehicle safety standards; Negroni, Julio A______— 5808 Fraud in medical assistance seat belt assemblies______— 5793 Schultz, Leroy J ______*------. . . 5808 program ______5789 Watson, Charles W ______5809 SAINT LAWRENCE SEAWAY DE­ TARIFF COMMISSION INTERSTATE COMMERCE VELOPMENT CORPORATION Notices Certain panty hose; recommen­ COMMISSION Rules and Regulations dation for temporary exclusion Rules and Regulations Miscellaneous amendments to order in importation------— 5821 Investigations and hearings: Car service; distribution of box- c h a p t e r ------~ ------5787 Eggs from Mexico_____—------5821 c a r s ______5793 Panty hose______5821 SECURITIES AND EXCHANGE Notices TRANSPORTATION DEPARTMENT COMMISSION Motor carriers: See Coast Guard; Federal Temporary authority applica­ Rules and Regulations Railroad Administration; Haz­ tions ______:------5822 ardous Materials Regulations Transfer proceedings______5825 Suspension of duty to file reports. 5784 Board; National Highway Traf­ fic Safety Administration. JUSTICE DEPARTMENT Notices W AGE AND HOUR DIVISION Rules and Regulations Hearings, etc.: American-South African In­ Rules and Regulations Administrative; organization------5787 vestment Co. Ltd. and South Employment of handicapped African Investment Adviser clients in sheltered workshops; LABOR DEPARTMENT (Proprietary) Ltd______5819 change in conditions for re- # See also Wage and H ow Division. Engineered Royalties, Inc_____ 5820 newal of special certificates— 5787 CONTENTS 5771 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 following the Notices section of each issue beginning with the second issue of the month. A cumulative guide is published Separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1. 1971. and specifies how they are affected. 7 CFR 24 CFR 4 5 CFR 55— . ______5773 81______— ______5784 250 (2 d o cu m e n ts)______5789 910..______— 5773 1914 ______5785 Proposed R u l e s : 1915 ______5786 4 6 CFR _____ 42 5800 28 CFR 360______— _____ 5790 P ro po sed R u l e s : 9 CFR 0______5787 331__— ______5794 146______5805 Ch. H ______5805 14 CFR 29 CFR 525______^______5787 241___ 5774 4 7 CFR 16 CFR 32 CFR P ro po sed R u l e s : 73______5807 13 (13 documents)______5774-5783 806___ 5787 17 CFR 33 CFR 4 9 CFR 251 ------5790 240______—______5784 401______5787 249.__ 5784 571------5793 1033______- _____ 5793 43 CFR 18 CFR P ro po sed R u l e s : Proposed R u l e s : P ro po sed R u l e s : 172 ______L i ______5806 141______5807 4 ______5795 173 ______5806

5773 Rules and Regulations

and the Department. The plants would Chapter IX— Consumer and Market­ Title 7— AGRICULTURE benefit from the experience gained prior ing Service (Marketing Agreements to July 1, 1971, and such experience will Chapter I— Consumer and Marketing and Orders; Fruits, Vegetables, afford an orderly transition of the plants Nuts), Department of Agriculture Service (Standards, Inspections, from the voluntary to the mandatory Marketing Practices), Department program on that date with no disruption [Lem on Beg. 4731 of Agriculture in the orderly marketing of egg products; PART 910— LEMONS GROWN IN consumers will be assured th at the egg SUBCHAPTER C— REGULATIONS AND STAND­ products produced in these plants are CALIFORNIA ANO ARIZONA ARDS UNDER THE AGRICULTURAL MARKETING wholesome, unadulterated, and properly Limitation of Handling ACT OF T946 labeled; and the Department will benefit PART 55— GRADING AND from not having to perform an excessive § 910.773 Lemon Regulation 473. INSPECTION OF EGG PRODUCTS number of surveys and related functions (a) Findings. (1) Pursuant to the in a short period before July 1, 1971, marketing agreement, as amended, and Inauguration Charge for Egg Products which would result in a concentrated Order No. 910, as amended (7 CFR Part Plants workload and excessive costs. 910), regulating the handling of lemons The amendment is as follows: grown in California and Arizona, effec­ Under authority contained in the Agri­ m § 55.68, subparagraph (1) of para­ tive under the applicable provisions of cultural Marketing Act of 1946, as graph (a) is revised to read: the Agricultural Marketing Agreement amended (7 U.S.C. 1621-1627), the U.S. § 55.68 Continuous in sp e ctio n per­ Act of 1937, as amended (7 U.S.C. 601- Department of Agriculture hereby 674), and upon the basis of the recom­ amends the provision containing the in­ formed on a resident basis. ***** mendations and information submitted auguration charges set forth in the Regu­ by the Lemon Administrative Committee, lations Governing the Grading and In­ (a) * * * established under the said amended spection of Egg Products (7 CFR Part (1) An inauguration charge of $200marketing agreement and order, and 55). . will be made a t the time an application upon other available information, it is Statement of considerations. The egg for service under this part is signed ex­ hereby found that the limitation of products provisions of the Egg Products cept when an application for service has handling of such lemons, as hereinafter Inspection Act (Public Law 91-597) be­ been signed for egg products inspection provided, will tend to effectuate the come effective on July 1, 1971. The Act service under the Egg Products Inspec­ declared policy of the act. will require mandatory inspection of egg tion Act (84 Stat. 1621, et seq., 21 U.S.C. (2) It is hereby further found that it products plants, unless exempted. This 1031-1056) , or when an application is is impracticable and contrary to the applies to all plants, including those required because of a- change in name public interest to give preliminary notice, presently under the USDA voluntary or ownership. If service is not installed engage in public rule-making procedure, program. within 6 months from the date the ap­ and postpone the effective date of this - Any plant which is surveyed and ap­ plication is filed, or if service is inactive section until 30 days after publication proved for mandatory service pursuant to due to an approved request for removal hereof in the F ed era l R e g is t e r (5 U.S.C. the Egg Products Inspection Act, and of a grader(s) or inspector(s) for a pe­ 553) because the time intervening be­ any plant which is operating on June 30, riod of 6 months, the application will be tween the date when information upon 1971, under the voluntary program pur­ considered terminated, but a new appli­ which this section is based became avail­ suant to this part (7 CFR Part 55), may cation may be filed at any time. There able and the time when this section must operate under the provisions of the Egg will be a charge of $300 if the application become effective in order to effectuate the Products Inspection Act on July 1, 1971. is terminated at the request of the ap­ declared policy of the act is insufficient, The provision of this part (7 CFR P art plicant for reasons other than for a and a reasonable time is permitted, under 55) which requires the payment of an change in location within 12 months the circumstances, for preparation for inauguration charge when an application from the date of the inauguration of such effective time; and good cause exists for service is signed, is being amended service. for making the provisions hereof effective »provide that no inauguration charge ***** as hereinafter set forth. The committee be made when an application has been Public rulemaking would not result in held an open meeting during the current signed for egg products inspection service week, after giving due notice thereof, to under the Egg Products Inspection Act the Department receiving additional in­ formation on this matter. Accordingly, consider supply and market conditions 84 stat. 1621 et seq. 21 U.S.C. for lemons and the need for regulation; 1031-1056). pursuant to 5 U.S.C. 553, it is found upon good cause that notice and other public interested persons were afforded an op­ Since tiie surveys and other related procedure are impracticable and un­ portunity to submit information and ™ms would be made under the Egg necessary, and good cause is found for views at this meeting; the recommenda­ Products Inspection Act, there would be making the amendment effective less tion and supporting information for no additional costs to the Department regulation during the period specified than 30 days after publication in the F ed ­ w furnish service under this part (7 CFR herein were promptly submitted to the era l R e g is t e r . Part 55) and an inauguration charge Department after such meeting was held; *°uld not be applicable. Signed at Washington, D.C., this 23d the provisions of this section, including In addition, by deleting the inaugura­ day of March, 1971, to become effective its effective time, are identical with the ls® charge at this time, the Department April 1,1971. aforesaid recommendation of the com­ Relieves this may encourage some plants G . R. G r a n g e , mittee, and information concerning such to apply for the voluntary inspection Deputy Administrator, provisions and effective time has been feroce prior to July 1, 1971. This would Marketing Services. disseminated among handlers of such ue of advantage to the plants, consumers, [F R Doc.71-4275 Filed 3-26-71;8:50 ami lemons; It is necessary, in order to

FEDERAL REGISTER, V O L 36, NO. 60— SATURDAY, MARCH 27, 1971 5774 RULES AND REGULATIONS effectuate the declared policy of the act, Accordingly, sections 25 and 35 require For reporting purposes, a split chartel to make this section effective during the editorial amendments reflecting these is to be listed as one flight and listed onli period herein specified; and compliance recent changes in Parts 207 and 208 and on the split charter report, even thouRi with this section will not require any spe­ deletion of P art 295.® a portion of the split charter may be pif cial preparation on the part of persons This regulation is issued by the under­ rata and the other portion single entitl subject hereto which cannot be com­ signed pursuant to a delegation of ***** pleted on or before the effective date authority from the Board to the Gen­ (Sec. 204(a) of the Federal Aviation Act oil hereof. Such committee meeting was held eral Counsel in 14 CPR 385.19, and shall 1958, as amended, 72 Stat. 743; 49 u s d on March 23, 1971. become effective on April 16, 1971. Pro­ 1324) > ’• - v| (b) Order. (1) The respective quan­ cedures for review of this amendment by By the Civil Aeronautics Board. tities of lemons grown in California and the Board are set forth in Subpart C of Arizona which may be handled during Part 385 (14 CFR §§ 385.50 and 385.54). [ s e a l ] R . T e n n e y J ohnson, the period March 28, 1971, through Accordingly, the Board hereby amends General Counsel. ] April 3,1971, are hereby fixed as follows: Part 241 of the economic regulations (14 [FR Doc.71-4307 Filed 3-26-71;8:53 am] I (1) District 1: 9,000 Cartons; CFR Part 241 effective April 16, 1971 as (ii) District 2: 191,000 Cartons; follows: (iii) District 3: Unlimited. 1. Amend section 03 by revising the (2) As used in this section, “handled,” definition of air carrier, supplemental to ' Title 16— COMMERCIAL “District 1,” “District 2,” “District 3,” read as follows: and “carton” have the same meaning as PRACTICES when used in the said amended market­ Section 03— Definitions for Purposes ing agreement and order. of This System of Accounts and Chapter I— Federal Trade Commission (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Reports [Docket No. C-1860] 601 -6 7 4 ) * * * * * PART 13— PROHIBITED TRADE Dated: March 25, 1971. Air carrier, supplemental—An air car­ PRACTICES rier holding a certificate issued under P a u l A . N ic h o l s o n , United Industrial Syndicate, Inc. Deputy Director, Fruit and section 401(d)(3) of the Federal Avia­ Vegetable Division, Consumef tion Act of 1958, as amended, or a special Subpart—Acquiring corporate stock or] and Marketing Service. operating authorization issued under assets: § 13.5 Acquiring corporate stocla section 417 of the Act. or assets. [FR Doc.71-4361 Filed 3-26-71;8:53 am] * * * * * (Sec. 6, 38 S ta t. 721; 15 U.S.C. 46. Interpret! 2. Amend section 25 by revising sub-or applies sec. 7, 38 S tat. 731, as amended; la paragraph (1) of paragraph (c) of the U.S.C. 18) [Cease and desist order, Unitedl Title 14— AERONAUTICS AND instructions for Schedule T-6 to read as Industrial Syndicate, Inc., New York, N.Y.J follows: Docket C-1860, Feb. 12, 1971] SPACE Section 25— Traffic and Capacity In the Matter of United Industrial Syn- j Chapter II— Civil Aeronautics Board Elements dicate, Inc., a Corporation SUBCHAPTER A— ECONOMIC REGULATIONS ***** Consent order requiring a New Yorkl City manufacturer of automotive fuel! Schedule T-6—Summary of Civil [Regulation ER-675; Arndt. 38] pumps to divest within 1 year the fuel! Aircraft Charters pump business of an acquired competitor! PART 241— UNIFORM SYSTEM OF ***** ACCOUNTS AND REPORTS FOR located in Fond du Lac, Wis., to an FTC-j (C) * * * approved firm, and refrain from acquir-j CERTIFICATED AIR CARRIERS (1) Single entity charter, as defined in ing any other fuel pump business for a Civil Aircraft Charters Part 208 of the Board’s economic regu­ period of 10 years without Commission! lations. Charters in which passengers approval. Adopted by the Civil Aeronautics and cargo are carried on the same air­ The order to cease and desist, includ-l Board at its office in Washington, D.C., craft are to be reported as single entity ing further order requiring report on on the 24th day of March 1971. charters. compliance therewith, is as follows:^ j The instructions for Schedule T-6— * * * * * For the purposes of this order, “re* Summary of Civil Aircraft Charters—in spondent” shall mean United Industrial! sections 25 and 35 of Part 241 refer to 3. Amend section 35 by revising sub- paragraphs (2) and (3) of paragraph Syndicate, Inc. and its officers, directors.! “mixed charters, as defined in P art 207” agents, representatives, employees, subj (paragraphs (c) (1) and (2), respec­ (b) of the instructions for Schedule T-6 to read as follows: sidiaries, affiliates, successors, ana| tively) . In addition, the instructions for assigns. ** ,1 Schedule T-6 in paragraph b(3) of sec­ Section 35— Traffic and Capacity I. It is ordered, That respondent tion 35 refer to “split charter, as defined Elements within twelve (12) months from the ef­ in § 208.3(s) (2) (ii) or § 295.2(b) (2) of divest, * * ♦ * 4c fective date of this order, shall the Board’s Economic Regulations.” subject to the approval of the Federal j In ER-660 and ERr-659, the Board Schedule T-6— Summary of Civil Trade Commission, all assets, properties, amended Parts 207 and 208, respectively, Aircraft Charters rights and privileges, tangible and in­ and in ER-664 it deleted P art 295 of the * * * ♦ * tangible, of Wells Manufacturing Corp.j economic regulations.1 The amendments (b) * * * (formerly Wells Manufacturing CorpJ; included elimination of * “mixed char­ (2) Single entity charter, as defined relating to the manufacture and sale 0 ters” as presently defined in P art 207 * in Part 208 of the Board’s economic fuel pumps. Among other things sucn and substitution of the definition of the regulations. Charters in which passen­ divestiture shall include: 1 term contained in Part 208. In addition, gers and cargo are carried on the same (a) All the equipment and machinery 1 the reference to a split charter was re­ aircraft are to be reported as single relating to the manufacture and sale 01 j moved from the definitions section of entity charters. fuel pumps; . or Part 208 (§ 208.3 (s)(2 )(ii)) and split (3) Split charter, as specified in § 208.- (b) At the option of the ’ charters now fall under new § 208.6(c). TaylorStree. 6(c) of the Board’s economic regulations. Plant No. 3, located at 305 Fond du Lac, WI, said plant to be out fitted with the aforesaid equipment 1 Adopted Jan. 29, 1971, and effective Apr. 6, 3 In addition, the definition of “air carrier, 1971. supplemental” in section 03 is being revised machinery promptly after acquirer 21.e., “a charter trip in which passengers to delete “operating authority pursuant to signed a contract of acquisition an and cargo are carried on the same flight.” section 7 or 9 of Public Law 87-528.” substantial conformity with plant lay

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 RULES AND REGULATIONS 5775 blueprints submitted with' respondent’s ment by which respondent acquires, di­ Subpart—Shipping, for payment de­ settlement proposal, dated October 16, rectly or indirectly, through subsidiaries, mand, goods in excess of or without 1970, provided the Commission may de­ joint ventures or otherwise, without prior order: § 13.2195 Shipping, for payment, termine that an acquirer’s decision to not approval of the Federal Trade Commis­ demand, good in excess of or without acquire Plant No. 3 would adversely sion, the whole or any part of the stock, order, affect the competitive viability and effec­ share capital or assets of any' concern (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets tiveness of the business to be divested; engaged in the manufacture, sale or dis­ or applies sec. 5, 38 Stat. 719, as amended; 15 I (c) all inventories, customer lists, tribution of automotive fuel pumps, nor U.S.C 45) [Cease and desist order, White In­ trademarks and trade names, including shall respondent enter into any arrange­ dustries, Inc., et al., Westfield, Mass., Docket “Capac” and “AMPCO,” it being under­ ment with any such concern by which No. C—1861, Peb. 16, 1971] stood that a license to use “AMPCO” in respondent obtains the market share, in In the Matter of White Industries, Inc., connection with ignition parts will be whole or in part, of such concern in a Corporation, and Arthur T. White reserved by respondent, and that re­ the above-mentioned product line (a) and K. Stanley Zolyn, Individually spondent will make accessible to the through such concern discontinuing the and as Officers of Said Corporation acquirer such records and its employed manufacturing, distribution or sale of personnel as may facilitate the ac­ automotive fuel pumps under its own Consent order requiring a Westfield, quirer’s initial operations of the acquired trade name or labels and thereafter dis­ Mass., mail-order seller of greeting operations. ’ “ tributing such products under respond­ cards and stationery to cease using II. It is further ordered, That respond­ ent’s trade name or labels or (b) by rea­ order forms with spaces for making ent will do all in its power to assure that sons of such concern discontinuing the checks to automatically request forward­ the business operations to be divested will manufacture, distribution or sale of such ing of further merchandise, using order be properly staffed and, in particular, products and thereafter transferring to forms which purport to be effective prior that all available means will be employed respondent customer lists or in any other to being signed by purchaser, using such by respondent to assist the acquirer in way making available to respondent ac­ forms unless they have separate para­ retaining present management, person­ cess to customers or customer accounts, graphs setting forth that future ship­ nel, and sales representatives of Wells or (c) by any other means. ments are authorized and describing the merchandise to be sent, shipping mer­ Manufacturing Corp. whom the acquirer VI. It is further ordered, That regard­ wishes to employ and engage and that ing paragraphs I-IV of this order, re­ chandise without disclosing that it is sent unsolicited and may be treated as a gift, respondent will terminate its own em­ spondent shall periodically, within sixty seeking to collect for such shipments, ex­ ployment of any such persons at the ear­ (60) days from the effective date of this liest date permitted by any employment order and every sixty (60) days there­ cept that the last two provisions of this order shall not be effective until 6 contract in effect July 24, 1970, and will after until respondent has fully complied months after the date of the order. refrain from inducing such persons to with the provisions of this order, submit The order to cease and desist, includ­ leave the acquired operations for employ­ to the Federal Trade Commission a de­ ment with respondent. The foregoing di­ ing further order requiring report of tailed written report of its actions, plans, compliance therewith, is as follows: vestiture shall be achieved in a manner and progress in complying with the pro­ It is ordered, That respondents White insuring the operation of the divested visions of this order and fulfilling its ob­ Industries, Inc., a corporation, t/a business by the acquirer as a going con­ jectives, including such documentation as “Quaint Shop Folks,” “White’s Quaint cern in the manufacture and sale of fuel may be required. Regarding paragraph V pumps. '■ ' \ of this order, respondent shall file a re­ Shop,” “White, The Magazine Bargain Man,” “Thomas Terry Studios,” and m. It is further ordered, That such port of compliance within sixty (60) days “Friendlycraft Studios,” or under any divestiture shall be made to an acquirer after the effective date of this order and approved in advance by the Federal annually thereafter on the anniversary other name or names, and its officers, Trade Commission, and in any event date of this order. and Arthur T. White and K. Stanley shall not be made directly or indirectly: Zolyn, individually and as officers of said VII. It is further ordered, That re­ corporation, and respondents’ agents, (a) To any concern engaged in the man­ spondent notify the Commission at least ufacture, sale or distribution of new auto­ representatives, and employees, directly thirty (30) days prior to any proposed or through any corporate or other device, motive fuel pumps; or (b) to any concern change in the corporate respondent such whose new automotive parts aftermarket in connection with the offering for sale, as dissolution, assignment or sale result­ sale or distribution of greeting cards or sales (excluding sales to the automotive ing in the emergence of a successor cor­ vehicle manufacturers) exceeded $20 other products, in commerce as “com­ poration, the creation or dissolution of merce” is defined in the Federal Trade million in 1967; or (c) to any person who subsidiaries or any change in the cor­ is at the time of the divestiture or has Commission Act, do forthwith cease and" poration which may affect compliance desist from: been at any time during the 1-year obligations arising out of the order. 1. Using any kind of order or payment Period preceding the effective date of this VIII. It is further ordered, That the order, an officer, director, employee, or form, wherein by the making of a single respondent corporation shall forthwith agent of, or under the control or direction check or other mark indicating the distribute a copy of this order to each of placing of an order or the making of of, respondent or any of respondent’s its operating divisions. subsidiary or affiliate corporations, or a payment for present known merchan­ anyone who owns or controls, or has Issued: February 12,1971. dise, a purchaser simultaneously or auto­ matically makes a request for the for­ owned or controlled, directly or indi- By the Commission. roctly, more than one (1) percent of the warding of merchandising at a later date outstanding shares of common stock of [ s e a l ] C h a r le s A . T o b in , for “advance examination,” “advance respondent. Secretary. preview” or for any other reason. IV. It is further ordered, That pending [PRDoc.71-4226 Piled 3-26-71;8:46 am] 2. Using any form of communication divestiture, respondent shall not make by which purchasers authorize or pur­ or permit any deterioration in any of the port to authorize respondent to send Plants, machinery, buildings, equipment, [D ocket No. C—1861] merchandise at a future date which pur­ or. other property or assets of the com- PART 13— PROHIBITED TRADE ports to be effective prior to being signed P®ny to be divested which may impair PRACTICES and returned by the recipient. their present capacity or market value. 3. Using any such form of authoriza­ V. 7t is further ordered, That com­ White Industries, Inc., et al. tion set forth in paragraph 2 unless mencing on the effective date of this or- Subpart—Enforcing dealings or pay­ such authorization is set forth in a com­ pletely separate and distinct paragraph nrnarw* rorrtmuing for a period of ten ments wrongfully: § 13.1045 Enforcing JV) years from and after the date of (or, at respondents’ option, a completely completing the divestiture required by dealings or payments wrongfully. Sub­ separate and distinct document) which tins order, respondent shall cease and part—Securing orders by deception: separate paragraph (or separate docu­ Qesist from entering into any arrange- § 13.2170 Securing orders by deception. ment) contains no words, statement, or

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 No. 60------2 5776 RULES AND REGULATIONS

information not necessary to such au­ [Docket No. C-1862] service upon them of this order file with thorization and which does not clearly 'the Commission a written report setting and conspicuously state the following: PART 13— PROHIBITED TRADE PRACTICES forth in detail the manner and form of a. That the document is an authoriza­ their compliance with the order. tion far respondents to send merchandise Irma Shorell, Inc., and It is further ordered, That the respond­ at a future date; and H. Allen Lightman ents shall, forthwith distribute a copy b. The period of time for which the of this order, to each of their operating authorization will be operative shall not Subpart—Advertising falsely or mis­ divisions. exceed 1 year, or one offering whichever leadingly: § 13.170 Qualities or proper­ It is further ordered, That respondents is less; and ties of product or service: 13.170-24 notify the Commission at least thirty c. The description of the merchandise Cosmetic or beautifying: 13.170-76 Re- (30) days prior to any proposed change contemplated by the authorization form. . juvenating. in the corporate respondent such as dis­ 4. Misrepresenting, directly or by im­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets solution, assignment or sale resulting in plication, the legal relationship or legal or applies sec. 5, 38 Stat. 719, as amended; the emergence of the successor corpora­ obligation, if any, that exists between 15 U.S.C. 45) [Cease and desist order, Irma tion, the creation or dissolution of sub­ respondents and the mailees "to whom Shorell, Inc., et al., New York, N.Y., Docket sidiaries or any other change in the respondents send merchandise. No. C-1862, Feb. 16,1971] corporation which may affect compliance 5. Shipping merchandise without a In the Matter of Irma Shorell, Inc., a obligations arising out of the order. prior express written authorization as Corporation, and H. Allen Lightman, Issued: February 16,1971. described in paragraphs 2 and 3 above, Individually and as Officer of Said unless attached to said merchandise Corporation By the Commission. there is a clear and conspicuous state­ Consent order requiring a New York [ s e a l ] C h a r le s A . T obin, ment informing the recipient of the Secretary. following: City distributor of a skin-conditioning a. That the merchandise is being sent cosmetic to cease misrepresenting that [FR Doc.71-4227 Filed 3-26-71,-8:46 am] to the recipient unsolicited; and its facial cream will rejuvenate and re­ store youth to the skin, is equivalent to b. That the recipient is not obligated [D ocket No. C—1863] to return the merchandise; and and may be used instead of surgical c. That the recipient may treat the face-lifting, and will have a permanent PART 13— PROHIBITED TRADE merchandise as a gift, that he may use, or lasting effect. PRACTICES The order to cease and desist, includ­ discard, or dispose of it in any manner Everest & Jennings, Inc. that he sfees fit without any obligation ing further order requiring report of whatsoever to the sender. compliance therewith, is as follows: Subpart—Discriminating in price un­ 6. Sending any communication or It is ordered, That respondents Irma der section 2, Clayton Act—Price dis­ making any demands or requests that Shorell, Inc., a corporation, and H. Allen crimination under 2(a): § 13.725 Cu­ seek to obtain payment for or the return Lightman, individually and as an officer mulative quantity discounts and sched­ of any merchandise sent without a prior of said corporation, and respondents’ ules: Discriminating in price under express written authorization as de­ representatives, agents, and employees, section 2, Clayton Act—Payment for scribed in paragraphs two and three directly or through any corporate or any services or facilities for processing or above. other devices in connection with the of­ sale under 2(d); § 13.825 Allowances fering for sale, sale or distribution of for services or facilities; Discriminating Provided, however, That paragraphs five Irma Shorell’s Contour/35 or any other in price under section 2, Clayton A ct- and six shall not become effective until preparation possessing substantially Furnishing services or facilities for six (6) months after the Commission’s similar properties. Do forthwith cease processing, handling, etc. under 2(e): entry of this order to cease and desist. and desist from directly or indirectly: § 13.843 Promotional enterprises. It is further ordered, That respondents 1. Disseminating, or causing the dis­ notify the Commission at least thirty semination of any advertisement by (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets (30) days prior to any proposed change or applies sec. 2, 49 Stat. 1526; 15 US.C. 13) means of the U.S. mails or by any means [Cease and desist order, Everest & Jennings, in the corporate respondent, such as dis­ in commerce as “commerce” is defined In c., Los Angeles, Calif., Docket No. C-1863, solution, assignment, or sale resulting in in the Federal Trade Commission Act Feb. 16,1971] the emergence of a successor corpora­ which rep resen ts directly or by tion, the creation or dissolution of sub­ implication. In the Matter of Everest & Jennings, sidiaries, or any other change in the (a) That said cosmetic preparation Inc., a Corporation corporation which may affect compli­ will rejuvenate the skin of the user Consent order requiring a Los Angeles, ance obligations arising out of this order. thereof or restore youth to the skin of Calif., manufacturer and distributor of It is further ordered, That the re­ the user; medical and surgical apparatus to cease spondent corporation shall forthwith dis­ (b) That said cosmetic preparation discriminating in price between compet­ tribute a copy of this order to each of can be used in lieu of surgical face-lift­ ing customers, and failing to pay for or its operating divisions. ing and is equivalent thereto; and, to make services and facilities available It is further ordered, That the re­ (c) That said cosmetic preparation to all competing customers on a propor­ spondents herein shall, within sixty (60) will have a permanent or lasting effect. tionally equal basis. days after service upon them of this 2. Disseminating, or causing the dis­ The order to cease*'and desist, includ­ order, file with the Commission a report semination of any advertisement by any ing further order requiring report of in writing setting forth in detail the means for the purpose of inducing or compliance therewith, is as follows: manner and form in which they have which is likely to induce directly or in­ It is ordered, That respondent Everest complied with this order. directly the purchase of respondent’s & Jennings, Inc., a corporation, and its preparation in commerce as “commerce” officers, employees, agents, and repre­ Issued: February 16,1971. is defined in the Federal Trade Commis­ sentatives, directly or through corporate By the Commission.. sion Act which contains any of the rep­ or other devices, in or in connection with resentations prohibited in Paragraph 1 the offering for sale, sale or distribution [ s e a l ] C h a r le s A . T o b in , hereof. of any of its products in commerce as Secretary. It is further ordered, That the respond­ “commerce” is defined ii\ the Clayton [PR Doc.71-4226 Filed 3-26-71:8:46 am] ents shall, within sixty (60) days after Act, as amended do forthwith cease and

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 RULES AND REGULATIONS 5777 desist from discriminating, directly or vantages, or connections: 13.15-200 dress, in compiling such lists.” indirectly, in the price of such products Non-profit character. Subpart—Furnish­ 4. Advertising, offering for sale, sale or of like grade and quality : ing means and instrumentalities of mis­ use by respondent or others of respond­ By selling-such products to any pur­ representation or deception: § 13.1055 ent’s “Metromail Elites” mailing list, or chaser at net prices higher thari the.net Furnishing means and instrumentalities any other mailing list derived directly prices charged any other purchaser who of misrepresentation or deception. Sub- therefrom. competes in the resale or distribution p a r t—Misrepresenting oneself a n d Provided, however, That the term “ques­ of such products with the purchaser goods—Business status, advantages or tionnaire,” as used in this order, shall paying the higher price. connections: § 13.1495 Non-profit char­ mean any inquiry for or solicitation of It is further ordered, That respondent acter. Subpart—Securing information by information, whether written, oral or by Everest & Jennings, Inc., a corporation, subterfuge: § 13.2168 Securing infor­ information, whether written, oral or by and its officers, employees, agents, and mation by subterfuge. Subpart—Secur­ any other means, from addressees or pro­ representatives, directly or through any ing signatures wrongfully : § 13.2175 S e­ spective addressees for inclusion on or in corporate or other device, in or in con­ curing signatures wrong fully. any mailing lists or other compilation of nection with the offering for sale, sale or (Sec. 6, 38 Stat. 721; 15 TJ.S.C. 46. Interprets addressees, by any division or subsidiary distribution of any of its products in or applies sec. 5, 38 Stat. 719, as amended; of respondent which is, or hereafter may commerce, as “commerce” as defined in 15 U.S.C. 45) [Cease and desist order, be, in the business of compiling mailing the Clayton Act, as amended, do forth­ Metromedia, Inc., New York, N.Y., Docket lists for direct-mail advertisers, for the with cease and desist from: No. C-1864, Feb. 17, 1971] purpose or with the result of constructing 1. Paying or contracting for the pay­ In the Matter of Metromedia, Inc., a or developing for respondent any mailing ment of anything of value to, or for the Corporation list or other compilation of addressees. benefit of, any customer of respondent It is further ordered, That the respond­ Consent order requiring a New York as compensation or in consideration for ent corporation shall forthwith distribute any services or facilities furnished by City compiler of mailing lists used by a copy of this order to each of its operat­ or through such customer in connection direct-mail advertisers and merchan­ ing divisions. with the offering for sale, sale or dis­ disers to cease misrepresenting the pur­ pose or use of information sought by its It is further ordered, That respondent tribution of respondent’s products, un­ notify the Commission at least thirty less such payment or consideration is questionnaires, offering for sale or using its “Metromail Elites” mailing list or (30) days prior to any proposed change made available on proportionally equal in the corporate respondent, such as dis­ terms to all other customers competing other list derived therefrom, provided that the term “questionnaire” as used solution, assignment or sale resulting in in the distribution of such products; the emergence of a successor corporation, 2. Furnishing, contracting to furnish, herein shall mean any solicitation of information to be used in a mailing the creation or dissolution of subsidaries or contributing to the furnishing of serv­ or any other change in the corporation ices or facilities in connection with the list. The order to cease and desist, including which may affect compliance obligations handling, processing, sale or offering for arising out of this order. sale of respondent’s products to any pur­ further order requiring report of com­ chaser from respondent of such products pliance therewith, is as follows: It is further ordered, That the respond­ bought for resale, when such services or It is ordered, That respondent Metro­ ent herein shall, within sixty (60) days facilities are not accorded on propor­ media, Inc., a corporation, and its after service upon it, of this order, file with the Commission a report in writing tionally equal terms to all other pur­ officers, agents, representatives, and em­ setting forth in detail the manner and chasers from respondent who resell such ployees, directly or through any corpo­ rate or other device, in connection with form in which it has complied with this produets in competition with such pur­ order. chasers who receive such services or the construction, development, mainte­ facilities. , nance, advertising, offering for sale, sale Issued: February 17, 1971. or use of respondent’s “Metromail Elites” It is f urther ordered, That the respond­ By the Commisison. ent corporation shall forthwith distribute mailing list, or any other of respondent’s a copy of this order to each of its oper­ mailing lists, in commerce, as “com­ [ s e a l ] C h a r le s A . T o b in , ating divisions. merce” is defined in the Federal Trade Secretary. . It is further ordered, That respondent Commission Act, do forthwith cease and [FR Doc.71-4229 Füed3-26-71;8:47 am] notify the Commission at least 30 days desist from: Prior to any proposed change in the cor­ 1. Representing, directly or by impli­ porate respondent such as dissolution, cation, that any information sought by [Docket No. C-1865] respondent by any questionnaire, in con­ assignment or sale resulting in the emer­ PART 13— PROHIBITED TRADE gence of a successor corporation, the nection with the compilation or con­ creation or dissolution of subsidiaries or struction of mailing lists used by re­ PRACTICES any other change in the corporation spondent in connection with the Seattle Mobile Homes, Inc., et al. which may affect compliance obligations advertising or sale of merchandise or arising out of the order. services is for any purpose other than Subpart—Advertising falsely or mis­ It is further ordered, That respondent the compilation of mailing lists to be so leadingly: §T3.71 Financing: 13.71-10 herein shall, within sixty (60) days after used; or misrepresenting, in any manner, Truth in Lending Act; § 13.73 Formal service upon it of this order, file with the purpose or intent or the use regulatory and statutory requirements: the Commission a report in writing set- of any information sought by any 13.73-92 Truth in Lending Act; § 13.155 tmg forth in detail the manner and form questionnaire. Prices: 13.115-95 Terms and condi­ of its compliance with this order. 2. Falsely representing that address­ tions: 13.155-95 (a) Truth in Lending Act. Subpart—Misrepresenting oneself Issued: February 16, 1971. ees of any questionnaire will not be importuned to purchase merchandise or and goods—Goods : § 13.1623 Formal B%the Commission. services. regulatory and statutory requirements: 3. Failing, clearly and conspicuously, 13.1623-95 Truth in Lending Act; Mis­ [seal] C h a r le s A . T o b in , representing oneself and goods—Prices: Secretary. and at the outset, to state in each oral or written questionnaire of respondent § 13.1823 Terms and conditions: 13.- [PR Doc.71-4228 Filed 3-26-71;8:46 am ] to persons who are or may be prospective 1823-20 Truth in Lending Act. Sub­ addressees for inclusion on or in any part—Neglecting unfairly or deceptively, [Docket No. C-1864] mailing list or other compilation of ad­ to make material disclosure: § 13.1852 dressees, the following: “We are in the Formal regulatory and statutory require­ PART 13— PROHIBITED TRADE business of compiling mailing lists m ents: 13.1852-75 Truth in Lending PRACTICES which we may use ourselves, or which Act; § 13.1905 Terms and conditions: 13.1905-60 Truth in Lending Act. Metromedia, Inc. may be used by direct mail advertisers. The information which you furnish us (Sec. 6, 38 Stat. 721; 15 U.S.C.,46. Interpret or S^part—Advertising falsely or mis- by filling out this questionnaire may be apply sec. 5, 38 Stat. 719, as amended, 82 Stat. eaalngly: § 13.15 Business status, ad­ used, together with your name and ad­ 146, 147; 15 U.S.C. 45, 1601-1605) [Cease and

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 5778 RULES AND REGULATIONS desist order, Seattle Mobile Homes, Inc., et al., Regulation Z. It is further-ordered, That respondents Edmonds, Wash., Docket No. C-1865, Feb. 18, (6) Failing to disclose the sum of the notify the Commission at least thirty 1971] charges referred to in paragraph (5) (30) days prior to any proposed change In the Matter of Seattle Mobile Homes, above and the “unpaid balance of cash in the corporate respondent, such as Inc., Doing Business as Pacific Mo­ price” and to describe that sum as the dissolution, assignment, or sale, result­ bile Homes and Cost Trailer Sales “unpaid balance”, as required by § 226.8 ant in the emergence of a successor Co., Doing Business as Cost Mobile (c) (5) of Regulation Z. corporation, the creation nr dissolution Homes and Felix V._ Costanzo, In­ (7) Failing to disclose the amount of of subsidiaries, or any other change in dividually and as an Officer of Seat­ credit extended, and to describe that the corporation which may affect com­ tle Mobile Homes, Inc., and Cost amount as the “amount financed” as re­ pliance obligations arising out of the Trailer Sales Co. quired by § 226.8(c) (7) of Regulation Z. order. It is further ordered, That respond­ Consent order requiring two sellers of (8) Failing to disclose the sum of all charges made to the customer which are ents shall, within sixty (60) days after mobile homes with headquarters in Ed­ service upon them of this order, file with monds, Wash., and Portland, Oreg., to required by § 226.4 of Regulation Z to be included in the finance charge, and to de­ the Commission a report in writing, set­ cease violating the Truth in Lending Act ting forth in detail the manner and form by failing to disclose to their credit cus­ scribe that sum as the “finance charge”, as required by § 226.8(c) (8) (i) of Regu­ in which they have complied with the tomers the cash price, downpayment, lation Z. order to cease and desist contained value of trade-in, unpaid balance of cash (9) Failing in any credit sale to dis­ herein. price,, unpaid balance, amount financed, close accurately the sum of the cash finance charge, deferred finance charge, Issued: February 18, 1971. price, all chargés which are included in and number of payments; respondents the amount financed but which are not By the Commission. have also failed to disclose the method part of the finance charge, and the fi­ of computing penalties for default, the [ s e a l ] C h a r le s A . T obin, nance charge, and to describe that sum Secretary. type of security interest held to secure as the “deferred payment price”, as re­ credit, and engaging in consumer credit quired by § 226.8(c) (8) (ii) of Regula­ [FR Doc.71-4230 Filed 3-26-71:8:47 am] transactions without making all disclo­ sures required by said Act. tion Z. (10) Failing to disclose the annual [Docket No. C-1867] The order to cease and desist, includ­ percentage rate accurately to the near­ ing further order requiring report of com­ est quarter of one percent, in accordance PART 13— PROHIBITED TRADE pliance therewith, is as follows: with § 226.5 of Regulation Z, as required PRACTICES It is ordered, That respondents Seattle by § 226.8(b) (2) of Regulation Z. Matsushita Electric of Hawaii, Inc. Mobile Homes, Inc., and Cost Trailer (11) Failing to disclose the number, Sales Co., corporations, and their officers, amount, and due dates or period of pay­ Subpart—Advertising falsely or mis­ and Felix V. Costanzo, individually and ments scheduled to repay the indebted­ leadingly: § 13.192 Retraction advertise­ as an officer of Seattle Mobile Homes, ness, as required by § 226.8(b) (3) of Reg­ m ent; 1§ 13.195 Safety: 13.195-60 Pro­ Inc., and Cost Trailer Sales Co., and ulation Z. duct; § 13.245 Specifications or stand­ respondents’ agents, representatives, and (12) Failing to disclose the sum of the ards conformance. Subpart—Claiming or employees, directly or through any cor­ payments scheduled to repay the indebt­ using endorsements or testimonials porate or other device, in connection with edness, and to describe the sum as the falsely or misleadingly: § 13.330 Claim­ any consumer credit sale, as “consumer “total of payments” as required by ing or using endorsements or testimo­ credit” and “credit sale” are defined in § 226.8(b) (3) of Regulation Z: nials falsely or misleadingly: 13.330-60 Regulation Z (12 CFR 226) of the Truth (13) Failing to disclose the amount or National organizations. in Lending Act (Public Law 90-321, 15 method of computing the amount of any U.S.C. 1601 et seq.), do forthwith cease (Sec. 6, 38 Stat. 721; 15 US.C. 46. Interprets default delinquency, or similar charges or applies sec. 5, 38 Stat. 719, as amended, and desist from : payable in the event of late payments, 15 U.S.C. 45) [Cease and desist order, Mat­ (1) Failing in any credit sale to dis­ as required by § 226.8(b) (4) of Regula­ sushita Electric of Hawaii, Inc., Honolulu, close accurately the price at which re­ tion Z. Haw aii, D ocket No. C—1867, Peto. 19, 1971] spondents, in the regular course of busi­ (14) Failing to describe the type of ness, offer to sell for cash the property In the Matter of Matsushita Electric of any security interest in property held, Hawaii, Inc., a Corporation or services which are the subject of the or to be retained or acquired in connec­ credit sale, and to describe that price as tion with any extension of credit, as Consent order requiring a Honolulu, the “cash price,” as required by § 226.8 required by § 226.8(b) (5) of Regula­ Hawaii, seller and distributor of “Pana­ sonic” television sets and other electronic (c) (1) of Regulation Z. tion Z. (2) Failing to disclose the amount of (15) Failing to identify the method products to cease representing th a t its any downpayment in money made in con­ of computing any unearned portion of television sets have passed tests for firt nection with any credit sale, and to de­ the finance charge in the event of re­ and explosion hazards and publish a re­ scribe that amount as the “cash down- payment of the obligation, as required traction of such claims in the Honolulu payment”, as required by § 226.8(c) (2) by § 226.8(b) (7) of Regulation Z. Star-Bulletin. . . of Regulation Z. (16) Engaging in a consumer credit The order to cease and desist, u” uaï (3) Failing to describe the sum of the transaction or disseminating any ad­ ing further order requiring rep ort o “cash downpayment” and the “trade- vertising within the meaning of Regula­ compliance therewith, is as follows: in” made in connection with any credit tion Z of the Truth in Lending Act with­ It is ordered, That respondent Mat­ sale as the “total downpayment”, as re­ out making all disclosures th at are sushita Electric of Hawaii, Inc., a coj" quired by § 226.8(c) (2) of Regulation Z. required by §§ 226.6, 226.8, and 226.10 poration, its officers, representatives, (4) Failing in any credit sale to dis­ of Regulation Z in the amount, manner agents, and employees, directly o close the difference between the “cash and form specified therein. through any corporate or other d^pj ’ price” and the "total downpayment”, and It is further ordered, That respondent, in connection'with the offering t°r .sf\ ’ sale, and distribution in commerce oi any to describe that difference as the “unpaid deliver a copy of this order to cease television sets do forthwith cease balance of cash price”, as required by and desist to all present and future per­ desist from representing that said pr § 226.8(c) (3) of Regulation Z. sonnel of respondents engaged in the consummation of any extension of con­ uct or products have been tested, (5) Failing in any credit sale to dis­ have passed such tests, for fire and . close all charges which are not part of sumer credit or in any aspect of prepa­ ration, creation, or placing of adver­ plosion hazards, or for any other sa the “cash price” or the “finance charge” characteristic related to said pr but are included in the amount financed, tising, and that respondent secure a and to itemize each such chargé individ­ signed statement acknowledging receipt ually as required by § 226.8(c) (4) of of said order from each such person. 1 New.

FEDERAL REGISTER, V O L 36, NO. 60— SATURDAY, MARCH 17, 1971

ÉSSÈ! |S ... RULES AND REGULATIONS 5779

[or products, or that tests have demon­ regulatory and statutory requirements: vious knowledge or experience in the strated that its products are superior to 13.1623-95 Truth in Lending Act; breeding, caring for and raising of such [other products tested for fire and explo­ § 13.1715 Quality; § 13.1823 Terms and animals. sion hazards, or for any other safety conditions: 13.1823-20 Truth in Lend­ 3. Each female chinchilla purchased characteristic related to said product or ing Act. Subpart—Neglecting, unfairly or from respondents and each female off­ products, unless and in fact, tests have deceptively, to make material disclosure: spring will usually litter successively sev­ actually been performed and the results § 13.1852 Formal regulatory and statu­ eral times annually producing one to five establish that such representations are tory requirements: 13.1852-75 Truth in offspring per litter, or an average of four true. Lending Act; § 13.1892 Sales contract, offspring annually. It is further ordered,. That respondent right-to-cancel £ provision; § 13.1905 - 4. The number of litters or sizes shall publish a half-page retraction in Terms and conditions: 13.1905-60 Truth thereof produced per female chinchilla is the Saturday Honolulu Star-Bulletin, on in Lending Act. any number or range thereof; or repre­ or at approximately the same page, and (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret senting, in any manner, the past number in print of equal size and prominence to or apply sec. 5, 38 Stat. 719, as amended, 82 or range of numbers of litters or sizes that of the original false, misleading and Stat. 146,147; 15 U.S.C. 45, 1601-1605) [Cease produced per female chinchilla of pur­ deceptive advertisement. and desist order, International Chinchillas, chasers of respondents’ breeding stock Inc., et al., Virginia Beach, Va., Docket No. unless in fact the past number or range Said retraction shall include a state­ C-1868, Feb.19,1971] ment indicating that neither Panasonic’s of numbers represented are those of a color television sets, nor those of any In the Matter of International Chin­ substantial number of purchasers and other manufacturer, had been tested by chillas, Inc., a Corporation, and Hal accurately reflect the number or range of The National Commission on Product G. Ward, Individually and as an numbers of litters or sizes thereof pro­ Safety for fire and explosion hazards. Officer of Said Corporation duced per female chinchilla of these pur­ chasers under circumstances similar to It is further ordered, That respondent, Consent order requiring Virginia those of the purchaser to whom the rep­ within 60 days after the effective date Beach, Va., sellers and distributors of resentation is made. of this order, shall notify each of its cus­ chinchilla breeding stock to cease making 5. Offspring of respondents’ chinchilla tomers of this cease and desist order by exaggerated earning claims, misrepre­ breeding stock sell for as much as $1,000 mailing them a copy thereof, and shall senting the quality of their stock, de­ each and will have pelts that sell for an forthwith distribute a copy of this order ceptively guaranteeing the fertility of average of $30 per pelt; or that pelts to each of its operating divisions, if any. their stock, and misrepresenting their from the offspring of the respondents’ It is further ordered, That respondent services to purchasers; respondents are breeding stock generally sell for $40 to notify the Commission at least 30 days also required to refrain from making any $60 each. prior to any proposed change in the cor­ sales contract or note in the buyer’s 6. Chinchilla pelts and offspring from porate respondent such as dissolution, as­ home which shall become effective prior respondents’ breeding stock will sell for signment or sale resulting in the emer­ to the end of 3 days, to notify the any price, average price or range of gence of a successor corporation, the buyer of his option to rescind the con­ prices; or representing in any manner, creation or dissolution of subsidiaries or tract, and that a notice be printed on the past price, average price or range of any other change in the corporation the sales contract that it may be sold to prices of purchasers of respondents’ which may affect compliance obligations a third party who will not be obligated breeding stock unless in fact the past arising out of the order. to perform the contract; respondents, if price, average price or range of prices It is further ordered, That respondent doing business on consumer credit, are represented are those of a substantial herein shall, within sixty (60) days after required to conform to the provisions of number of purchasers and accurately re­ service upon them of this order, file with Regulation Z of the Truth in Lending flect the price, average price or range of the Commission a report, in writing, set­ Act. prices realized by these purchasers under ting forth in detail the manner and form The order to cease and desist, includ­ circumstances similar to those of the in which they have complied with this ing further order requiring report of pruchaser to whom the representation is order. compliance therewith, is as follows: made. I. It is ordered, That respondents In­ Issued: February 19,1971. 7. A purchaser starting with six fe­ ternational Chinchillas, Inc., a corpora­ males and one male of respondents’ chin­ By the Commission. tion, and its officers, and Hal G. Ward, chilla breeding stock will earn $13,000 individually and as an officer of said cor- over a 5-year period from the sale of the [seal] C h a r le s A . T o b in , poratidh, and respondents’ agents, rep­ Secretary. offspring or their pelts. resentatives, and employees, directly or 8. Purchasers of respondents’ chin­ [PR Doc.71-4231 Filed 3-26-71;8;47 am] through any corporate or other device, in chilla breeding stock earn $13,000 over a connection with the advertising, offering 5-year period, or realize earnings, prof­ [Docket No. C—1868] for sale, sale or distribution of chinchilla its or income in any amount or range breeding stock or any other articles of of amounts; or representing, in any man­ PART 13— PROHIBITED TRADE merchandise, in commerce, as “com­ ner the past earnings, profits or income PRACTICES merce” is defined in the Federal Trade of purchasers of respondents’ breeding Commission Act, do forthwith cease and International Chinchillas, Inc., and stock unless in fact the past earnings, desist from: profits or income represented are those Hal G. Ward A. Representing directly or by implica­ of a substantial number of purchasers Subpart—Advertising falsely or mi tion th at: and accurately reflect the average earn­ ieadingiy: § 13.50 Dealer or seller a 1. It is commercially feasible to breed ings, profits or income of those- pur­ m m § 13.60 Earnings and profit or raise chinchillas in homes, basements, chasers under circumstances similar to J 13.70 Fictitious or misleading guara spare rooms, or garages, or other quarters those of the purchaser to whom the rep­ ¡Ms; § 13.71 Financing: 13.71-10 Tru or buildings, unless in immediate con­ resentation is made. f Lending Act; § 13.73 Formal regul junction therewith it is clearly and con­ 9. Chinchilla breeding stock purchased ory and statutory requirements: 13.7 spicuously disclosed that the represented' from respondents is guaranteed or war­ p . Truth in Lending Act; § 13.1 quarters or buildings can only be adapt­ ranted without clearly and conspicuously ices; 13.155-40 Exaggerated as reg able to and suitable for the breeding and disclosing the nature and extent of the 5 , and customary; 13.155-95 Ten raising of chinchillas on a commercial guarantee, the manner in which the and conditions; 13.155-95(a) Truth basis if they have the requisite space, guarantor will perform thereunder and «ndmg Act; § 13.175 Quality of pro temperature, humidity, ventilation, and the identity of the guarantor. or service. Subpart—Misrepresents other environmental conditions. 10. Respondents’ chinchillas are guar­ oneself and goods—Goods: § 13.16 2. Breeding chinchillas purchased from anteed unless respondents do in fact taler or seller assistance; § 13.16 respondents as a commercial profitable promptly fulfill all obligations and re­ Liangs and profits; §13.1623 Form enterprise can be achieved without pre­ quirements set forth in or represented,

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 5780 RULES AND REGULATIONS directly or by implication, to be con­ Upon such cancellation the burden shall accordance with § 226.8(c) (3) of Regu-I tained in any guarantee or warranty ap­ be on respondents to collect any goods lation Z. plicable to each and every chinchilla. left in the buyers home and to return any 4. Failing to disclose the amount oil 11. Chinchillas or chinchilla pelts are payments received from the buyer. Noth­ the amount financed, and to designate! in great demand; or that purchasers of ing contained in this right-to-cancel it as “amount financed”, as required by] respondents’ breeding stock can expect provision shall relieve buyers of the re­ § 226.8(c) (7) of Regulation Z. to be able to sell the offspring of re­ sponsibility of taking reasonable care of 5. Failing to disclose the date on which I spondents’ chinchillas because said chin­ the goods prior to cancellation and dur­ the finance charge begins to accrue] chillas or pelts are in great demand. ing a reasonable period following can­ when the date the finanpe charge begins 12. Respondents will purchase ail or cellation. to accrue is different from the date of the] any offspring raised by purchasers of 3. Failing to provide a separate and transaction, as required by § 226.8(b)(1) respondents’ chinchilla breeding stock clearly understandable form which the of Regulation Z. unless respondents do in fact purchase buyer may use âs a notice of cancella­ all of the offspring offered by said pur­ tion. 6. Failing to disclose the dollar amount | of the finance charge, and to designate! chasers at the price and on the terms and 4. Provided, however, that nothing it as “finance charge”, in accordance! conditions represented. contained in this part of the order shall with § 226.8(c) (8) (i). 13. The assistance or advice furnished relieve respondents of any additional ob­ to purchasers of respondents’ chinchilla ligations respecting contracts made in 7. Failing to disclose the amount of breeding stock by respondents will en­ the home required by Federal law or the the sum of the payments scheduled to able purchasers to successfully breed or law of the State in which the contract repay the indebtedness, and to designate raise chinchillas as a commercially prof­ is made. When such obligations are in­ it as “total of payments”, in accordance itable enterprise. consistent respondents can apply to the with § 226.8(b) (3) of Regulation Z. 14. Respondents have an expert staff Commission for relief from this provi­ 8. Failing to disclose the amount of to assist purchasers of respondents’ chin­ sion with respect to contracts executed in the deferred payment price, and to des­ chilla breeding stock in the care and the State in which such different obliga­ ignate it as “deferred payment price”, in maintenance of said animals unless they tions are required. The Commission, accordance with § 226.8(c) (8) (ii) of have such staff as represented. upon proper showing, shall make such Regulation Z. 15. Respondents’ chinchilla breeding modifications as may be warranted in 9. Failing to disclose the annual per­ stock is of top quality as rated by a the premises. centage rate, accurate to the nearest worldwide fur grading system, or mis­ It is further ordered, That the re­ quarter of 1 percent, in accordance with representing in any manner the quality spondents will incorporate the follow­ the provisions of § 226.5 of Regulation Z of respondents’ chinchilla breeding stock. ing statement on the face of all contracts as required by § 226.8(b) (2) thereof. 16. More profit can be realized by executed by respondents’ customers with 10. Failing to employ the term “an­ breeding beige chinchillas, as apposed such conspicuousness and clarity as is nual percentage rate” and to print the to any other color and there is a large likely to be observed, read and under­ term more conspicuously than other market demand for beige chinchillas and stood by the purchaser: terminology, as required by § 226.6(a) of their pelts. I m po r t a n t N o t ic e Regulation Z. 17. Chinchillas are hardy animals or 11. Failing to make all the required are not susceptible to ailments. If you are obtaining credit in connec­ disclosures in one of the following three B. 1. Misrepresenting, in any manner, tion with this contract you will be re­ ways, in accordance with § 226.8(a) or the assistance, training, services or ad­ quired to sign a promissory note. This § 226.801 of Regulation Z. note may be purchased by a bank, fi­ vice supplied by respondents to pur­ (a) Together on the contract evidenc­ nance company or any other third party. chasers of their chinchilla breeding ing the obligation on the same side of If it is purchased by another party, you stock. the page and above or adjacent to the will be required to make your, payments 2. Misrepresenting, in any manner, place for the customer’s signature; or the earnings or profits to purchasers or to the purchaser of the note. You should (b) On one side of a separate state­ reproduction capacity of any chinchilla be aware that if this happens you may ment which identifies the transaction; breeding stock. be required to pay the note in full to the 3. Misrepresenting, in any manner, the new owner of the note even if this con­ or market demand for the pelts or off­ tract is not fulfilled. (c) On both sides of a single document spring of respondents’ chinchillas. II. It is ordered, That respondents In­ containing on each side thereof the It is further ordered, That the re­ ternational Chinchillas, Inc., a corpora­ statement “NOTICE: See other side for spondents herein shall, in connection tion and its officers, and Hal G. Ward, important information”, with the place with the offering for sale, the sale or dis­ individually and as an officer of said cor­ for the customer’s signature following tribution of chinchilla breeding stock or poration, and respondents’ agents, repre­ the full content of the document. any other products, when the offer for sentatives, and employees, directly or 12. Failing, in any consumer credit sale or sale is made in the buyers home, through any corporate or other ‘device, transaction or advertisement, to make forthwith cease and desist from; in connection with any extension of all disclosures, determined in accordance 1. Contracting for any sale whether in consumer credit or any advertisement to with § 226.4 and § 226.5 of Regulation Z, the form .of trade acceptance, condi­ aid, assist directly or indirectly any ex­ in the manner, form and amount re­ tional sales contract, promissory note, or tension of consumer credit as “consumer quired by §§ 226.6, 226.7, 226.8, 226.9 and otherwise which shall become binding on credit’’ and “advertisement” are defined 223.10 of Regulation Z. the buyer prior to midnight of the third in Regulation Z (12 CFR 226) of the It is further ordered, That respondents day, excluding Sundays and legal holi­ Truth in Lending Act (Public Law 90- deliver a copy of this order to cease and days, after date of execution. 321, 15 U.S.C. 1601 et seq.), do forthwith desist to all present and future personnel cease and desist from: 2. Failing to disclose orally prior to of respondents engaged in the the time of sale and in writing on any 1. Failing to designate the amount of for sale, or sale of any products or in the trade acceptance, conditional sales con­ the cash price as “cash price”, in accord­ consummation' of any extension of con­ tract, promissory note or other instru­ ance with § 226.8(c) (1) of Regulation Z. sumer credit or in any aspect of prepara­ tion, creation, or placing of advertising, ment executed by the buyer with such 2. Failing to designate the amount of the downpayment in money as “cash and that respondents secure a signe conspicuousness and clarity as likely to ______4. „ „ 1 .-----«»/«pint Of Said be observed and read by such buyer, that downpayment”, in accordance with the buyer may rescind or cancel by di­ § 226.8(c) (3) of Regulation Z. order from each such person. recting or mailing a notice of cancella­ 3. Failing to disclose the amount of It is further ordered, That the re" tion to respondents prior to midnight of the difference between the cash price and spondents shall forthwith distribute the third day, excluding Sundays and the cash downpayment and to designate copy of this order to each of their op­ legal holidays, after the date of sale. it as “unpaid balance of cash price”, in erating divisions.

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 RULES AND REGULATIONS 5781

It is further ordered, That respond­ tions, Abraham Renko, individually and [Docket No. C—1870] ents notify the Commission at least thirty as General Manager of A.B.C. Carpet Co., PART 13— PROHIBITED TRADE (30) days prior to any proposed change Inc., Marcey H. Shore, individually and in the corporate respondent such as as an officer of Marcey Carpet Corp., PRACTICES dissolution, assignment or sale resulting Herbert Mack Greenberg, individually Berkshire Hathaway Inc. in the emergence of a successor corpora­ and as an officer of Cameron Carpet tion, the creation or dissolution of sub­ Corp., and Julius Fish and Solomon Subpart—Importing, selling, or trans­ sidiaries or any other change in the Fisher, individually and as officers of porting flammable wear: § 13.1060 Im ­ corporation which may affect compliance Krayton Carpet Corp., and respondents’ porting, selling, or transporting flamma­ obligations arising out of the order. representatives, agents and employees, ble wear. It is further ordered, That the re­ directly or through any corporate or (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret spondents herein shall, within sixty (60) other device, in connection with the in­ or apply sec. 5, 38 Stat. 719, as amended, 67 days after service upon them of this troduction, delivery for introduction, Stat. Ill, as amended; 15 U.S.C. 45, 1191) sale, advertising, or offering for sale, in [Ceage and desist order, Berkshire Hathaway order file with the Commission à report, Inc., New Bedford, Mass., Docket No. C-1870, ,in writing, setting forth in detail the commerce, or the transportation or Feb. 22, 1971] manner and form in which they have causing to be transported in commerce, complied with this order. or the importation into the United In the Matter of Berkshire Hathaway, States, of any textile fiber product; or in Inc., a Corporation Issued: February 1£, 1971. connection with the sale, offering for Consent order requiring a New Bed­ By the Commission. sale, advertising, delivery, transporta­ ford, Mass., manufacturer, seller, and tion, or causing to be transported, of any [seal] C h a r le s A . T o b in , distributor of various fabrics and ma­ Secretary. textile fiber product, which has been ad­ terials to cease violating the Flammable vertised or offered for sale in commerce; Fabrics Act by importing or selling any [PR Doc.71-4232 Piled 3-26-71;8:47 am] or in connection with the sale, offering fabric which fails to conform to the for sale, advertising, delivery, trans­ standards of said Act. [Docket No. C-1869] portation, or causing to be transported, The order to cease and desist, including after shipment in commerce, of any tex­ PART 1 3 — PROHIBITED TRADE further order requiring report of com­ tile fiber product, whether in its original pliance therewith, is as follows: state or contained in other textile fiber PRACTICES It is ordered, That respondent Berk­ products, as the terms “commerce” and A.B.C. Carpet Co., Inc., et al. “textile fiber product” are defined in the shire Hathaway Inc., a corporation, and its officers, and respondent’s representa­ Subpart—Misbranding or mislabeling: Textile Fiber Products Identification Act, do forthwith cease and desist from mis­ tives, agents, and employees, directly or § 13.1185 Composition: 13.1185-80 Tex­ through any corporate or other device, do branding textile fiber products by: tile Fiber Products Identification Act; forthwith cease and desist from manu­ 1. Falsely or deceptively stamping, § 13.1212 Formal regulatory and statu­ facturing for sale, selling, offering for tagging, labeling, invoicing, advertising tory requirements. Subpart—Neglecting, sale, in commerce, or importing into the or otherwise identifying any textile fiber unfairly or deceptively, to make m ate­ United States, or introducing, delivering product as to the name or amount of rial disclosure: § 13.1845 Composition: for introduction, transporting or caus­ constituent fibers contained therein. 13.1845—70 Textile Fiber Products Iden­ ing to be transported in commerce, or 2. Failing to affix labels to each such tification Act; § 13.1852 Formal regula­ selling or delivering after sale or ship­ product showing in a clear, legible, and tory and statutory requirements: ment in commerce, any fabric, product or conspicuous manner each element of in­ ^13.1852—70 Textile Fiber Products Iden­ related material as the terms “com­ formation required to be disclosed by tification Act. merce”, “fabric”, “product” and “related section 4(b) of the Textile Fiber Prod­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret material” are defined in the Flammable ucts Identification Act. or apply sec. 5, 38 Stat. 719, as amended, 72 Fabrics Act, as amended, which fabric, 3. Failing to label samples, swatches, Stat. 1717; 15 U.S.C. 45, 70) [Cease and desist product or related material fails to con­ order, A.B.C. Carpet Co., In c., e t al., New or specimens of textile fiber products subject to the Act which are used to pro­ form to an applicable standard or regu­ York, N.Y., Docket No. C -1869, Feb. 21, 1971] lation continued in effect, issued or mote or effect sales of such textile fiber h the Matter of A.B.C. Carpet Co., Inc., products, in such a manner as to show amended under the provisions of the Marcey Carpet Corp., Cameron Car­ their respective fiber contents and other aforesaid Act. pet Corp., and Krayton Carpet required information. It is further ordered, That the re­ Corp., Corporations, and Jerome It is further ordered, That respondents spondent herein shall, within ten (10) Weinrib, Individually and as an notify the Commission at least 30 days days after service upon it of this order, Officer of Said Corporations, Abra­ prior to any proposed change in the file with the Commission an interim spe­ ham Renko, Individually and as corporate respondents such as dissolu­ cial report in writing setting forth the General Manager of A.B.C. Carpet tion, assignment or sale resulting in the respondent’s intention as to compliance Co., Inc., Marcey H. Shore, In­ emergence of successor corporations, the with this order. This interim special re­ dividually and as an Officer of creation or dissolution of subsidiaries or port shall also advise the Commission Marcey Carpet Corp., Herbert Mack any other change in the corporations fully and specifically concerning the Greenberg, Individually and as an which may effect compliance obligations identity of the product which give rise Officer of Cameron Carpet Corp., arising out of the order. ^ to the complaint, (1) the amount of such and Julius Fish and Solomon Fisher, It is further ordered, That the respond­ product in inventory,“ (2) any action Individually and as Officers of Kray­ ent corporations shall forthwith distrib­ taken to notify customers of the flam­ ton Carpet Corp. ute a copy of this order to each of their mability of such product and the results operating divisions. thereof, and (3) any disposition of jsuch Consent order requiring New York product since September 3, 1969. Such an J i eders and installers of carpeting It is further ordered, That respondents herein shall, within sixty (60) days after report shall further inform the Commis­ f a ct)verings to cease and desist sion whether respondent has in inven­ ' ® misbranding their textile fiber service upon them of this order, file with Products. the Commission a report, in writing, set­ tory any fabric, product or related mate­ rial having a plain surface and made r w 6 °rder *° cease and desist, in- ting forth in detail the manner and form of silk, rayon, and acetate, nylon and ace­ further order requiring report of in which they have complied with this tate, rayon or cotton or combinations mpliance therewith, is as follows: order. thereof in a weight of 2 ounces or less * „ *® ordered, That respondents A.B.C. Issued: February 22, 1971. per square yard or with a raised fiber rpet Co., Inc., Marcey Carpet Corp., surface and made of cotton or rayon or p meron Carpet Corp., and Krayton By the Commission. combinations thereof. Respondent will arpet Corp., corporations, and their [ s e a l ] C h a r le s A . T o b in , submit samples of any such fabric, prod­ cers, and Jerome Weinrib, individ- Secretary. uct or related material with this report. ^ and as an officer of said corpora­ [FR Doc.71-4233 Filed 3-26-71;8:47 am] Samples of the fabric, product or related

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 5782 RULES AND REGULATIONS material shall be of no less than one Shapiro, Arnold Shapiro and Marvin as amended, or destroy said products, and square yard of material. Shapiro, Individually and as Officers the results of such action. Such report It is further ordered, That the respond­ of Said Corporation shall further inform the Commission ent herein either destroy the fabrics Consent order requiring a New York as to whether or not respondents have which gave rise to the complaint or proc­ City manufacturer and seller of wearing in inventory any product,’ fabric, or re­ ess them so as to bring them within the apparel, including wedding, bridesmaid, lated material having a plain surface applicable , flammability standards for and flower girl dresses, to cease violat­ and made of paper, silk, rayon and ace­ wearing apparel under the Flammable ing the Flammable Fabric Act by import­ tate, nylon and acetate, rayon, cotton or Fabrics Act, as amended, if said fabrics ing and selling any fabric which fails to any other material or combinations are to be re-introduced into commerce conform to the standards of said Act. thereof in a weight of 2 ounces or less in such a way as to cause them to be The order to cease and desist, including per square yard, or any product, fabric used for wearing apparel. further order requiring report of compli­ or related material having a raised fiber It is further ordered, That each cut, surface. Respondents shall submit sam­ piece, or bolt of any fabric which has ance therewith, is as follows: It is ordered, That respondents Joy ples of not less than 1 square yard in been tested and failed the flammability size of any such product, fabric, or re­ test for wearing apparel under the Flam­ Time, Inc., a corporation, and its of­ ficers, and Abe Shapiro, Bernard Shapiro, lated material with this report. mable Fabrics Act, as amended, which is It is further ordered, That respondents sold for a legitimate use, as for example, Arnold Shapiro, and Marvin Shapiro, in­ dividually and as officers of said corpora­ notify the Commission at least 30 days use in curtains, drapes or other nonwear­ prior to any proposed change in the cor­ ing apparel, shall carry a label showing tion, and respondents’ representatives, through any corporate or other device, porate respondent such as dissolution, boldly and conspicuously a legend read­ assignment or sale resulting in the emer­ ing as follows: do forthwith cease and desist from man­ ufacturing for sale, selling, or offering gence of a successor corporation, the Caution: THIS FABRIC DOES NOT MEET for sale, in commerce, or importing into creation or dissolution of subsidiaries or GOVERNMENT FLAMMABILITY STAND­ the United States, or introducing, deliv­ any other change in the corporation ARDS FOR WEARING APPAREL AND MUST which may affect compliance obligations NOT BE USED IN ANY WEARING APPAREL. ering for introduction, transporting or causing to be transported, in commerce, arising out of the order. and each invoice covering the sale of or selling or delivering after sale or ship­ It is further ordered, That the corpo­ distribution of said fabric shall carry the ment in commerce any product, fabric, rate respondent shall forthwith distrib­ same legend. or related material; or manufacturing ute a copy of this order to each of its It is further ordered, That respond­ for sale, selling, or offering for sale any operating divisions. ent notify the Commission at least 30 product made of fabric or related mate­ It is further ordered, That respond­ days prior to any proposed change in the rial which has been shipped or received ents herein shall, within sixty (6Q) days corporate respondent such as dissolution, in commerce, as “commerce”, “product”, after service upon them of this order, assignment or sale resulting in the emer­ “fabric” and “related material” are de­ file with the Commission a report, in gence of a successor corporation, the fined in the Flammable Fabrics Act, as writing, setting forth in detail the man­ creation or dissolution of subsidiaries or amended, which product, fabric or re­ ner and form in which they have com­ any other change in the corporation lated material fails to conform to any plied with this order. which may affect compliance obligations applicable standard or regulation con­ arising out of the order. tinued in effect, issued or amended under Issued: February 22,1971. It is further ordered, That the respond­ the provisions of the aforesaid Act. By the Commission. ent corporation shall forthwith distribute It is further ordered, That respond­ a copy of this order to each of its operat­ [ s e a l ] C h a r le s A . T obin , ents notify all of their customers who Secretary. ing divisions. have purchased or to whom have been It is further ordered, That respond­ delivered the products which gave rise to [FR Doc.71-4235 Filed 3-26-71;8:47 am] ent herein shall, within sixty (60) days this complaint of the flammable nature after service upon it of this order, file of said products, and effect recall of said [Docket No. C-1872] with the Commission a report, in writing, products from such customers. setting forth in detail the manner and It is further ordered, That the respond­ PART 13— PROHIBITED TRADE form in which it has complied with this ents herein either process the products PRACTICES order. which gave rise to the complaint so as Weller Fabrics, Inc., and Ira S. Weller Issued: February 22, 1971. to bring them into conformance with the applicable standard of flammability Subpart—Importing, selling, or trans­ By the Commission. under the Flammable Fabrics Act, as porting flammable wear: § 13.1060 Im­ [ s e a l ] C h a r le s A . T o b in , amended, or destroy said products. porting, selling, or transporting flamma­ Secretary. It is further ordered, That the respond­ ble wear. [FR Doc.71-4234 Filed 3-26-71:8:47 am] ents herein shall, within ten (10) days (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret after service upon them of this order, or apply sec. 5, 38 Stat. 719, as amended, 67 file with the Commission a special report Stat. Ill, as amended; 15 U.S.C. 45, 1191) [Docket No. C-1871] in writing setting forth the respondents' [Cease and desist order, Weller Fabrics, In c., e t al., New Y ork, N.Y., Docket No. C-1872, p a r t 13— PROHIBITED TRADE intentions as to compliance with this or­ der. This special report shall advise the Feb. 22, 1971] PRACTICES Commission fully and specifically con­ In the Matter of Weller Fabrics, Inc., a Joy Time, Inc., et al. cerning (1) the identity of the products Corporation, and Ira S. Weller, In­ which gave rise to the complaint, (2) the Subpart—Importing, selling, or trans­ dividually and as an Officer of Said number of said products in inventory, Corporation porting flammable wear: § 13.1060 Im ­ (3) any action taken and any further ac­ porting, selling, or transporting flamma­ tions proposed to be taken to notify cus­ Consent order requiring a New York ble wear. tomers of the flammability of said prod­ City retailer and wholesaler of fabrics (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret ucts and effect the recall of said prod­ to cease violating the Flammable Fab­ or apply sec. 5, 38 Stat. 719, as amended, 67 ucts from customers, and of the results rics Act by importing and’ selling any Stat. Ill, as amended; 15 U.S.C. 45, 1191) thereof, (4) any disposition of said prod­ fabric which fails to conform to the [Cease and desist order, Joy Time, Inc., et ucts since March 13, 1970, and (5) any al., New York, N.Y., Docket No. C-1871, action taken or proposed to be taken to standards of said Act. Feb. 22, 1971] bring said products into conformaiice The order to cease and desist, in- In the Matter of Joy Time, Inc., a Cor­ with the applicable standard of flamma­ eluding further order requiring report poration, and Abe Shapiro, Bernard bility under the Flammable Fabrics Act, of compliance therewith, is as follows:

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27. 1971 RULES AND REGULATIONS 5783

It is ordered, That the respondents It is further ordered, That respondents commerce, any product, fabric, or related Weller Fabrics, Inc., a corporation, and shall maintain full and adequate records material; or manufacturing for sale, its officers, and Ira S. Weller, indi­ concerning all products, fabrics or re­ selling or offering for sale, any product, vidually and as an officer of said corpo­ lated materials subject to the Flammable made of fabric or related material which ration, and respondents’ representatives, Fabrics Act, as amended, which are sold has been shipped or received in com­ agents, and employees, directly or at wholesale. merce as “commerce”, “product”, “fab­ through any corporate or other device, It is further ordered, That respondents ric” and “related material” are defined do forthwith cease and desist from sell­ notify the Commission at least 30 days in the Flammable Fabrics Act, as ing, or offering for sale, in commerce, or prior to any proposed change in the cor­ amended, which product, fabric, or re­ importing into the United States, or in­ porate respondent such as dissolution, lated material fails to conform to an troducing, delivering for introduction, assignment or sale resulting in the applicable standard or regulation issued, transporting or causing to be transported emergence of a successor corporation, the amended or continued in effect under the in commerce, or selling or delivering after creation or dissolution of subsidiaries or provisions of the aforesaid Act. sale or shipment, in commerce, any prod­ any other change in the corporation It is further ordered. That respondent uct, fabric or related material: or man­ which may affect compliance obligations notify all of her customers who have ufacturing for sale, selling or offering for arising out of the order. purchased or to whom has been deliv­ sale, any product made of fabric or re­ It is further ordered, That the re­ ered the fabric which gave rise to the lated material which has been shipped spondent corporation shall forthwith complaint, of the flammable nature of or received in commerce as “commerce”, distribute a copy of this order to each of said fabric and effect the recall of said “product”, “fabric” and “related mate­ its operating divisions. fabric from such customers. rial” are defined in the Flammable Fab­ It is further ordered, That respondents It is further ordered, That the re­ rics Act, as amended, which product, herein shall within sixty (60) days spondent herein either process the fabric fabric or related material fails to con­ after service upon them of this order, file form to an applicable standard or reg­ with the Commission a report, in writing, which gave rise to the complaint so as to bring it into conformance w!th the ulation continued in effect, issued or setting forth in detail the manner and amended under the provisions of the form in which they have complied with applicable standard of flammability un­ aforesaid Act. this order. der the Flammable Fabrics Act, as amended, or destroy said fabric. It is further ordered, That respondents Issued: February 22,1971 notify all of their customers who have It is further ordered, That the re­ purchased or to whom have been de­ By the Commission. spondent herein shall, within ten M0) days after service upon her of this order, livered the fabrics which gave rise to Is e a l I C h a r le s A . T o b in , this complaint of the flammable nature file with the Commission a special re­ Secretary. port in writing setting forth the respond­ of such fabrics and effect the recall of [FR Doc.71-4236 Filed 3-26-71;8:47 am] such fabrics from said customers. ent’s intentions as to compliance with this order. This special report shall also It is further ordered, That the re­ [Docket No. C-1873] advise the Commission fully and specifi­ spondents herein either process the fab­ PART 13— PROHIBITED TRADE cally concerning (1) the identity of the rics which gave rise to this complaint so fabric which gave rise to the complaint, as to bring them within the applicable PRACTICES (2) the amount of said fabric in inven­ standard of flammability of the Flamma­ Barbara A. Vitale and tory, (3) any action taken and any fur­ ble Fabrics Act, as amended, or destroy ther actions proposed to be taken to said fabrics. Harp's Coins & Hobbies notify customers of the flammability of It is further ordered, That respondents Subpart—Importing, selling, or trans­ said fabric, and effect the recall of said herein shall, within ten (10) days after porting flammable wear: § 13.1060 Im ­ fabric from customers, and of the results service upon them of this order, file with porting, selling, or transporting flam­ thereof, (4) any disposition of said fabric the Commission a special report in writ­ mable wear. since May 14, 1970, and (5) any action ing setting forth the respondents’ inten­ (Sec. 6, 38 Stat. 721; 15 TT.S.C. 46. Interpret taken or proposed to be taken to bring tions as to compliance with this order. or apply sec. 5, 38 Stat. 719, as amended, 67 said fabric into conformance with the This special report shall also advise the Stat. Ill, as amended; 15 U.S.C. 45, 1191) applicable standard of flammability Commission fully and specifically con­ [Cease and desist order, Barbara A. Vitale under the Flammable Fabrics Act, as cerning (l) the identity of the fabrics et al., Canton, Ohio, Docket No. C-1873, Feb. 22, 1971] amended, or destroy said fabric, and the which gave rise to the complaint, (2) the results of such action. Such report shall amount of said fabrics in inventory, (3) In the Matter of Barbara A. Vitale, In­ further inform the Commission as to any action taken and any further actions dividually and Doing Business as whether or not respondent has in inven­ proposed to be taken to notify customers Harp’s Coins & Hobbies tory any product, fabric or related ma­ ® the flammability of said fabrics and Consent order requiring a Canton, terial having a plain surface and made effect the recall of said fabrics, and of Ohio, individual operating a coin and of paper, silk, rayon, and acetate, nylon the results thereof, (4) any disposition hobby shop to cease violating the Flam­ and acetate, rayon, cotton or any other of said fabrics since April 1970 and (5) mable Fabrics Act by importing or sell­ material or combinations thereof in a ony action taken or proposed to be taken ing any fabric, including wood fiber weight of 2 ounces or less per square B i t 1® said fabrics into conformance chips used for making corsages, which yard, or any product, fabric or related ^th the applicable standard of flamma­ fails to conform to the standards of said material having a raised fiber surface. bility under the Flammable Fabrics Act, Act. Respondent shall submit samples of not os amended, or destroy said fabrics, and The order to cease and desist, includ­ less than one square yard in size of any the results of such action.' Such report ing further order requiring report of such product, fabric and related material shall further inform the Commission as compliance therewith, is as follows: with this report. to whether or not respondents have in It is ordered, That respondent Barbara It is further ordered, That the re­ inventory any product, fabric, or related A. Vitale, individually and trading as spondent herein shall, within 60 days material having a plain surface and Harp’s Coins & Hobbies or under any made of paper, silk, rayon and acetate, after service upon her of this order file other name or names, and respondent’s with the Commission a report in writing nylon and acetate, rayon, cotton or any representatives, agents and employees, tner material or combinations thereof setting forth in detail the manner and directly or through any coporate or other form of her compliance with this order. ® a weight of 2 ounces or less per device, do forthwith cease and desist square yard, or any product, fabric or from selling, offering for sale, in com­ Issued: February 22, 1971. slated material having a raised fiber merce, or importing into the United By the Commission. unace. Respondents shall submit sam­ States, or introducing, delivering for in­ ples of not less than 1 square yard in troduction, transporting or causing to [ s e a l ] C h a r le s A . T o b in , °* any such product, fabric or re­ be transported in commerce, or selling Secretary. sted material with this report. or delivering after sale or shipment in [FR Doc.71-4237 Filed 3-26-71;8:47 am]

No. 60----- 3 FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 7 7 , 1971 5784 RULES AND REGULATIONS

tice shall be filed by the successor issuer. Counsel of FNMA, and has been incor­ Title 17— COMMODITY AND The notice shall be filed in addition to porated in the final rule. any other report required to be filed with In order to permit consideration of the Commission in connection with the a shareholder resolution relating to pre­ SECURITIES EXCHANGES transaction or event giving rise to such emptive rights in the common stock of Chapter II— Securities and Exchange suspension. the corporation at the next annual meet­ Commission § 249.333 Form 15d—6, for suspen­ ing of the corporation, notice must be given on or before March 31 to share­ [Release 34-9100] sion of duty to file reports pursuant to section 15(d ) of the Securities Ex­ holders of record of March 26, 1971. PART 240— GENERAL RULES AND change Act of 1934. These circumstances, together with the REGULATIONS, SECURITIES EX­ lack of substantive objections to the pro­ This form shall be filed by each issuer posed rule, constitute good cause for CHANGE ACT OF 1934 required to file reports pursuant to sec­ making the amendment effective im­ PART 249— FORMS, SECURITIES tion 15(d) of the Securities Exchange mediately. Act of 1934, as a notification that the Accordingly, § 81.2 is revised to read: EXCHANGE ACT OF 1934 duty to file such reports is suspended be­ § 81.2 Common stock. Notice to Commission of Siyspension cause at the beginning of the fiscal year of Duty To File Reports in which such reports would be required (a) The corporation is authorized to all securities of each class of such issuer issue shares of its common stock to each The Securities and Exchange Com­ registered under the Securities Act of seller or borrower who makes capital mission has adopted a new rule under 1933 are held of record by less than 300 contributions authorized by section section 15(d) of the Securities Exchange persons. This form shall be filed within 303(b) of the Charter Act. The corpora­ Act of 1934 which requires the filing of 30 days after the beginning of such fiscal tion is further authorized to issue and reports notifying the Commission when­ year to which it pertains. sell additional shares of its common ever the duty to file reports under that Copies of Form 15d-6 have been filed stock to the servicers of its mortgages, in section has been suspended. The Com­ as part of this document with the Office consideration for payments by such mission has also adopted a short form of the Federal Register and may be ob­ servicers into the corporation’s capital for the filing of such reports. Notice of tained from the Securities and Exchange or capital and surplus for each share of the proposed action was published No­ Commission, Washington, D.C. 20549. an amount equal to the then current vember 27, 1970, in Securities Exchange The foregoing action was taken pur­ issue price of the common stock au­ Act Release 9025 (35 F.R. 18750). suant to the Securities Exchange Act of thorized to be issued by the first sen­ Section 15(d) requires issuers which 1934, particularly sections 15(d) and tence hereof; but no such stock shall be have registered securities under the 23(a) thereof. Such action shall be ef­ issued to any servicer at any time in Securities Act of 1933 to file annual and fective with respect to fiscal years begin­ excess of its reasonably foreseeable need other reports with the Commission. That ning on or after January 1, 1971, pro­ at such time in connection with the section provides, among other things, vided that reports required by Rule amount of stock required to be held pur­ that if the number of record holders of suant to section 303(c) of the Charter 15d-6 for any fiscal year beginning on securities of each class registered is re­ Act. The authorizations of this para­ duced to less than 300 persons at the or before April 15, 1971, may be filed graph are granted on the condition that beginning of any fiscal year, the duty to within 30 days after that date. the Secretary of Housing and Urban file reports shall be suspended for such (Sec. 15(d), 48 Stat. 895; sec. 3, 49 Stat. 1377; Development be given written notice at year. sec. 6, 78 Stat. 570, 15 U.S.C. 78o(d); sec. 23, least 15 days in advance of any change The new reporting requirement is 48 Stat. 901; sec. 8, 49 Stat. 1379, 15 U.S.C. by the corporation in the issue price of necessary in order that the Commission 7©w) its stock issued pursuant to this para­ may know whether an issuer’s failure to By the Commission, March 15, 1971. graph. file reports is due to delinquency or to (b) For any and all stock or convert­ a suspension of the duty to file reports. [ s e a l ] R o sa l ie F . S c h n e id e r , ible debt issues other than stock issued Recording Secretary. The notice to the Commission will en­ pursuant to paragraph (a) of this sec­ able it to keep its records up to date and [PR Doc.71-4277 Filed 3-25-71;8:50 am] tion, the corporation is authorized to will avoid the sending of delinquency adopt a shareholder resolution, govern­ notices in cases where the issuer’s duty ing all such issues and sales of shares of to file reports has been suspended. its common stock, or other securities Commission Action: Title 24— HOUSING AND convertible into the corporation’s com­ I. Sections 240.15d-6 and 249.333 of mon stock, which permits the corpora­ Chapter n of Title 17 of the Code of HOUSING CREDIT tion to provide for or limit or deny to Federal Regulations are hereby adopted shareholders pre-emptive rights in all and read as follows: Subtitle A— Office of the Secretary, purchases of issues of such stock or secu­ Department of Housing and Urban rities. Such resolution shall be effective § 240.15d—6 Notice of suspension of Development with respect to each such issue from and duty to file reports. after the date of adoption thereof and If the duty of any issuer to file reports PART 81— REGULATIONS GOVERN­ until expressly repealed or amended by pursuant to section 15(d) of the Act as ING OPERATIONS OF THE FEDERAL a subsequent resolution duly adopted in to any fiscal year is suspended because NATIONAL MORTGAGE ASSOCIA­ accordance with the procedures set forth a t the beginning of such fiscal year all TION in paragraph (c) of this section. securities of each class registered under (c) The shareholder resolution au­ the Securities Act of 1933 are held of Corporation Stock thorized by paragraph (b) of this section record by less than 300 persons, such is­ Notice of a proposed amendment to shall be made in the following manner. suer shall, within 30 days after the be­ § 81.2, which would reflect statutory (1) The Board of Directors of the cor­ ginning of the first such fiscal year, file poration shall adopt the proposed resolu­ a notice on Form 15d-6 [17 CFR 249.3331 changes and otherwise provide for sale tion setting forth the language thereoi informing the Commission of such sus­ of common stock of FNMA, was pub­ and directing th at it be subnutted to a pension. If the suspension resulted from lished at 36 FR . 4427, March 5, 1971. A vote at a meeting of shareholders of tne the issuer’s merger into, or consolidation comment clarifying the proposed lan»- corporation, which may be either an an­ with, another issuer or issuers, the no- guage was submitted by the General nual or a special meeting.

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 RULES AND REGULATIONS 5785

(2) Written notice setting forth the adopted upon receiving the affirmative (Secs. 309(h) and 311 of the Federal Na­ proposed resolution or a summary of it vote of the holders of at least two-thirds tional Mortgage Association Charter Act, 12 shall be given to each shareholder of of the shares of the corporation which U.S.C. 1723a(h), 1723c) record entitled to vote thereon within are outstanding and entitled to vote the time and in the manner provided for thereon. Effective date. This amendment is ef­ notices of meetings of shareholders in (d) For any issues other than stock fective March 22, 1971. the bylaws of the corporation. issued as authorized by paragraph (a) (3) At such meeting a vote of the of this section, the approval of the Sec­ • G eo rg e R o m n e y , shareholders entitled to vote thereon retary is required prior to the issuance by Secretary of Housing and shall be taken on the proposed resolu­ the corporation of any stock, obligation, Urban Development. tion. The proposed resolution shall be security, or similar instrument: [FR Doc.71—4288 Filed 3-26-71;8:51 ami Chapter VII— Federal Insurance Administration, Department of Housing and Urban Development SUBCHAPTER B— NATIONAL FLOOD INSURANCE PROGRAM PART 1914— AREAS ELIGIBLE FOR THE SALE OF INSURANCE List of Designated Areas Section 1914.4 is amended by adding in alphabetical sequence a new entry to the table, which entry reads as follows: 11914.4 List of designated areas.

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

Aritona______Maricopa... Scottsdale.. Mar. 26, 1971 California...... Los Angeles. San Marino. Do. Hinnesota...... Olmsted____ Rochester... 1 27 109 5960 02 Division of Waters, Soils, and Minerals, Office of the City Clerk, City Hall, Do. - through Minnesota Conservation Depart­ Rochester, MN 55901. 1 27 109 5960 05 ment, 345 Centennial Bldg., St. Paul, MN 55101. Minnesota Insurance Department, R-210 State Office Bldg., St. Paul, MN 55101. Do...... Wilkin. Breckenridge. I 27 167 0790 02...... do...... Office of the City Clerk, City of Breck­ Do. enridge, City Hall, Breckenridge, MN. 5652a New Jersey.___Ocean. Long Beach I 34 029 1756 05 New Jersey Department of Environ­ Office of the Municipal Clerk, Town­ Do. Township. through mental Protection, Division of Water ship of Long Beach, 6805 Long Beach I 34 029 1755 08 Policy and Supply, Box 1390, Tren­ Blvd., Brant Beacn, NJ 08008. ton, NJ 08625. Department of Banking and Insur­ ance, State House Annex, Trenton, NJ 08626. North Carolina. Mecklenburg_____Long Beach. 1 37 019 2096 02 North Carolina Department of Water Town Hall, East Ocean Highway, Do. through and Air Resources, Post Office Box Long Beach, N.C. 28461. I 37 019 2696 05 9392, Raleigh, NC 27603. North Carolina Insurance Depart­ ment, Post Office Box 351, Raleigh, NC 27602. Pennsylvania... Montgomery. Do. Tennessee...... Sevier...... 147 1552170 02___ Office of Federal and Urban Affairs. City Recorder, Post Office Box 328, Do. 3217th Ave., North, Nashville, TN SevierviUe, TN 37862. 37219. Tennessee State Planning Commis­ sion, Room C2-208, Central Services Bldg., Nashville, TN 37219, and Upper East Tennessee Office, 323 West Walnut St., Johnson City, TN 37601. State Insurance Commission, R-114. State Office Bldg., Nashville, TN 37219. Texas Nueces. Agua Dulce. 1 48 366 0040 02___ Texas Water Development Board, 301 Office of the City Secretary Nueces Do. West 2d St., Austin, T X 78711. County Bldg., 1614 2d St., Agua Dulce, T X 78330. Texas State Board o. insurance, 1110 San Jacinto St., Austin, T X 78701...... — San Patricio. Sin ton._____... 1 48 409 6400 02...... do...... City Hall, 301 East Market St., Sinton, T X 78387. Wisconsin------Ch.ppewa..'.. Unincorporated Do. areas. Do-----;— ... Dunn______d o ...___ ... Do, 5«...... - Buffalo...... Fountain C ity.. Do. D o ...,...^ . Grant______Unincorporated Do. areas...... — Rock______Janesville...... Do. üo—...... La Crosse___ Unincorporated Do. areas. Do.. Racine. . Racine______Do.

FEDERAL REGISTER. V O L 3«, NO. 60— SATURDAY, MARCH 27, 1971 5786 RULES AND REGULATIONS

(National Flood Insurance Act of 1968 (title XIII of the Housing and Urban Development Act of 1968), effective Jan. 28,1969 (33 F.R. i7804( Nov. 28,1968), as amended (secs. 408-410, Publie Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary’s delegation of authority to Federal Insurance Administrator, 34 F.B. 2680, Feb. 27, 1969) Issued: Mardi 27, 1971. G eorg e K . B e r n st ein , Federal Insurance Administrator. [FR Doc.71-4216 Filed 3-26-71; 8:45 am]

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

Effective date of identification of State County Location Map. No. State map repository Local map repository areas which hare special flood hazards

Arizona...... Maricopa...... Scottsdale... Mar. 26, 1971. California...... Los Angeles_____ San Marino. Do. Minnesota_____ Olmsted______Rochester... H 27 109 5960 02 Division of Waters, Soils, and Miner* Office of the City Clerk, City Hall, Mar. 31,1970. through als, Minnesota Conservation Depart* . Rochester, MN 55901. H 27 109 5960 05 ment, 345 Centennial Bldg., St., Paul, MN 55101. Minnesota Insurance Department; R-210 State Office Bldg., St. Paul, MN 55101. Do...... Wilkin...... Breckenridge___ _ H 27 167 0790 02...... d o ...... -______Office of the City Clerk, City of Breck­ Sept. 1, 1970. enridge, City Hall, Breckenridge. MN 66520 New Je rse y ..... Ocean...... Long Beach H 34 029 1755 05 New Jersey Department of Environ­ Office of the Municipal Clerk, Town­ May 26,1970. Township. through mental Protection, Division of Water ship of Long Beach, 6805 Long Beach H 34 029 1755 08 Policy and Supply, Box 1390, Tren­ Blvd., Brant Beach, NJ 08008. ton, NJ 08625. Department of Banking and Insur­ ance, State House Annex, Trenton, N.J. 08625. North Carolina. Mecklenburg...... Long Beach. H 37 019 2696 02 North Carolina Department of Water Town Hall, East Ocean Highway, Sept. 18,1970. through and Air Resources, Post Office Box Long Beach, N.C. 28461. H 37 019 2696 05 9392, Raleigh, NC 27603. North Carolina Insurance Depart­ ment, Post Office Box 351, Raleigh, NC 27602. Pennsylvania... Montgomery...... Springfield ...... , ...... '...... Mar. 26, 1971. Township., Tennessee_____ Sevier______Sevierville.. H 47 166 2170 02__ Office of Federal and Urban Affairs, City Recorder, Post Office Box 328, Oct. 23,1970. 321 7th Ave. North, Nashville, TN Sevierville, TN 37862. 37219. Tennessee State Planning Commis­ sion, Room C2-208, Central Services Bldg., Nashville, TN 37219, and Upper East Tennessee Office, 323 West Walnut St., Johnson City. TN 37601. State Insurance Commission, R-114, State Office Bldg., Nashville, TN 37219« Texas...... Agua Dulce...... H 48 355 0040 02.. Texas Water Development Board, Office of the City Secretary, Nueces June 16,1970. 301 West 2d St., Austin, T X 78711. County Bldg., 1514 2d St., Agua Texas State Board of Insurance, 1110 Dulce, T X 78330. San Jacinto St., Austin, T X 78701. n. Do...... H 48 409 6400 02...... do...... City Hall, 301 East Market St., Do. Sinton, fi?X 78387...... _...... Mar. 26,1971. Wisconsin— . . . Unincorporated areas. Do. Do Do. Do Do. Do...... areas. Do. Do - 1 Do. Do...... areas. Do. Do......

(National Flood Insurance Act of 1968 (title XIII of tbe Housing and Urban Development Act of 1968), effective Jan. 28,1969 (33 F A 1 • Nov. 28,1968), as amended (secs. 408-410, PubUc Law 91-152, Dec. 24, 1969), 42 U.S.C. 4001-4127; and Secretary’s delegation of autnomy Federal Insurance Administrator, 34 F.R. 2680, Feb. 27, 1969) Issued: March 27, 1971. G eorg e K . B e r n s t e in , Federal Insurance Administrator. [FR Doc.71-4217 Filed 3-26-71;8:45 am]

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 RULES AND REGULATIONS 5787

Signed a t Washington, D.C., this 19th Part 401. In amending the Rules, the Title 28— JUDICIAL day of March 1971. Corporation is acting jointly and in co­ R o b e r t D . M oran, ordination with the St. Lawrence Seaway ADMINISTRATION Administrator, Authority of Canada pursuant to the Wage and Hour Division. provisions of its enabling act (33 U.S.C. Chapter I— Department of Justice 981, et seq.). [FR Doc.71-4268 Filed 3-26-71;8:49 am] [Memo No. 736] Interested parties were invited to sub­ mit written comments and suggestions PART 0— ORGANIZATION OF THE with respect to the proposed amend­ DEPARTMENT OF JUSTICE ments. The written comments received Title 32-NATIONAL DEFENSE do not require a revision of the proposal; Subpart O— Administrative Division Chapter VII— Department of the therefore, the proposed regulations are R escinding A dministrative D iv is io n Air Force hereby adopted without change. M em o N o s. 524 and 644 Because these amendments were de­ SUBCHAPTER A— ADMINISTRATION veloped jointly with the St. Lawrence M arch 1 9 ,1 9 7 1 . PART 806— DISCLOSURE OF Seaway Authority of Canada and will be Under and by virtue of the authority AIR FORCE RECORDS adopted by that agency at the beginning vested in me by § 0.76(k) of Title 28 of the 1971 navigation season, I find that Code of Federal Regulations, Adminis­ Material That May Be Withheld From good cause exists for making the amend­ trative Division Memo No. 524, Delega­ Disclosure ments effective in less than 30 days. Ac­ tion of Authority Regarding Personnel cordingly, they shall become effective on and Administrative Matters, and Admin­ The introductory text to § 806.5 as the date of their publication in the F ed ­ istrative Division Memo No. 644, Dele­ appears in 36 F.R. 4700, March 11, 1971, er a l R e g is t e r (3-27-71). gating Certain Training Authority to the is amended to read as follows: Director of Personnel, Administrative D. W. O b e r l in , § 806.5 Material that may be withheld Administrator. Division, are hereby rescinded. from disclosure. L . M. P e l l e r z i, Records within the categories listed I. Amend § 481.102-10 by deleting the Assistant Attorney General in this section are not required to be words “in excess of 40 feet in overall for Administration. made available to members of the public. length”, and inserting the word “self- [PR Doc.71-4267 Piled 3-26-71;8:49 am] Nevertheless, any record that falls under propelled” after the word “All”. All self- one of these exempted categories should propelled vessels other than pleasure be made available to a requester if, in craft of less than 65 feet are now re­ the judgment of the disclosure authority quired to be equipped with VHF (very Tifle 29— LABOR designated under § 806.6, no significant high frequency) radiotelephone equip­ Chapter V-—Wage and Hour Division, purpose would be served by withholding ment. The revised section reads as Department of Labor it. follows; * * * * * PART 525— EMPLOYMENT OF HAND­ § 401,102—10 RadioteTeph one equip­ A l ex a n d er J . P a len sc a r , Jr., ment. ICAPPED CLIENTS IN SHELTERED Colonel, U.S. Air Force, Chief, All self-propelled vessels, other than WORKSHOPS Special Activities Group, Of­ fice of The Judge Advocate pleasure craft of less than 65 feet, must Change in Conditions for Renewal of General. be equipped with VHF (very high fre­ Special Certificates quency) radiotelephone equipment. The [FR Doc.71-4222 Filed 3-26-71;8:46 am] radio transmitters must have sufficient On January 5, 1971, a proposal was power output to enable the vessel to com­ published in the F ed era l R e g is t e r at municate with Authority stations from Page 69 to amend Part 525 of Title 29 a distance of 30 miles and mast be fitted of the Code of Federal Regulations to Tifle 33— NAVIGATION AND to operate from the wheelhouse and to provide for a simplified procedure for communicate on 156.55, 156.6, 156.7, and the renewal of special certificates for NAVIGABLE WATERS 156.8 MHz. the employment of handicapped clients H. Amend the rules on Radio Com­ in sheltered workshops at special mini­ Chapter IV—St. Lawrence Seaway munications to provide a more readable mum wages by eliminating the require­ Development Corporation and workable procedure and to require ment in § 525.10(a) that an application communications necessary to implement for renewal of a special certificate be PART 401— SEAWAY REGULATIONS the new positive system of traffic coutrol. filed in the same manner as an original AND RULES A new section is added after § 401.103-3 application. and present sections 401.103-4 and Interested parties were given 30 days Miscellaneous Amendments 401.103-5 are renumbered and revised, as m which to submit written data, views On pages 2518-2520 of the F ed era l follows: °r arguments regarding the proposed R e g is t e r of February 5, 1971, and page amendment. Numerous responses have 3829 of the F ed era l R e g is t e r of Febru­ § 401.103—4 VHF Radio coverage and j>een received, unanimously in favor of ary 27,1971, there were published notices procedure. the change. The proposal is hereby of proposed rule making by the St. Law­ (a) Vessels must use the channels of adopted w ithout change. rence Seaway Development Corporation communication in each Control Sector as The amendment shall become effective to amend Subpart B—Rules of 33 CFR listed below: 2? the date of its publication in the F ederal R eg ist er (3-27—71). Station Control sector No. and limits Call In Work Listening As amended, § 525.10(a) reads as watch follows: Seaway Beauhamois. 1 C.I.P. No. 2 to C.LP. No. 6-7____ Ch. 14...... Chi 1 4 ...... Ch. 14. § 525.10 Renewal of special certificates. Seaway Eisenhower.. 2 C.I.P. No. 6-7 to C.I.P. No. 16-11... Ch. 12...... Ch. 12...... Ch. 12. Seaway Iroquois____ 3 C.I.P. No. 10-11 to Whaleback Shoal. Ch. 14_____ Ch. 14______Ch. 14. (a) Application may be filed for WAG Clayton_____ 4 Whaleback Shoal to Tibbetts Point. Ch. 16___. . . Ch. 12_____ Ch. 16. renewal of any special certificate. Seaway Picton_____ 5 Tibbetts Point to Mid Lake Ontario. Ch. 11_____ Ch. 11_____ Ch. 16. Seaway Oshawa____ 6 Mid Lake Ontario to C.I.P. No. 15.. Ch. 11...... Ch. 11___ Ch. 16. , ***** Seaway Welland____ 6 C.I.P. No. 15 to C.I.P. No. M L...... Ch. 14...... Ch. 14...... Ch. 14. Seaway Long Point- 7 C.I.P. No. 16 to Long Point...... Ch. 11_____ Ch. 11_____ Ch. 16. 214)' 14* 52 S ta t‘ 1068 88 am ended; 29 U.S.C. Seaway Sault______8 C.I.P. No. 17 to C.I.P. No. 18...... Ch. 14...... Ch. 14...... Ch. 16.

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 5788 RULES AND REGULATIONS

(b) Initial calls originating from Sea­ C.I.P. and check Station to call Message content Open Close way Stations to vessels in Sectors 4, 5, 7 point and 8 will be on Channel 16, switching Welland Canal...... Apr. 1 Dee. 22 to the working channel for conversation. Whaleback Shoal ■ ___d o ..___ • 1. Name of Vessel. Sault Ste. Marie Canal (Canada)...... Apr. 4 Dec. 12 (c) Vessels arriving at either Call-in- Leaving Sector 4. 2. Location. South Shore, Beauhamois, Wiley- Whaleback Shoal Seaway Iro- 1. Name of Vessel. Dondero, and Iroquois Canals...... Apr. 1 Dec. 12 Point 15 or 16 should call “Seaway Entering Sector quois Ch. 2. Location. Welland” on Channel 14. If the vessel 3. 14. 3. Destination. is called directly into the canal, it will 4. Drafts, fore and No t e : The Seaway Entities are presently aft. carrying out extensive studies directed to­ remain on Channel 14. If the vessel is 5. Cargo. ' C.I.P. 14...... do . 1. Name of Vessel. wards the possible extension of the naviga­ not to come directly into the canal, it 2. Location. tion season. Accordingly, where conditions will be sent to anchorage and instructed * * * * * * * ♦ * warrant and other circumstances permit, the to guard Channel 16 until called in. C.I.P. 10—Enter- Seaway 1. Name of Vessel. above dates may be modified in a Seaway ing Sector 2. Eisenhower 2. Location. Notice. § 401.103—5 Calling-in. Ch. 12. C.I.P. 9...... do...... 1. Name of Vessel. 2. Section 401.104-12 is amended to (a) * * * 2. Location. 3. ETA Snell clarify the restriction on the speed at Lock (if pilot which a vessel may travel when passing C.I.P. and check Station to call Message content required). a moored vessel or equipment working in point » * * * * * St. Lambert to Seaway 1. NameofVessel. a canal. The revised section reads as C.I.P. 2— Beauhar- 2. Location. follows: Upbound V essels Leaving Sector 1. nois Ch. 14. 3. See paragraph • * • * * * * * * (b) of this § 401.104—12 Speed passing moored C.I.P. 7—Entering Seaway 1. Name of Vessel. section. vessel or working equipment. Sector 2. Eisenhower 2. Location. Ch. 12. 3. Destination. A vessel passing a moored vessel or 4. Drafts, fore and (b) A downbound vessel in St. Lam ­ aft. bert Lock wishing to communicate with equipment working in a canal shall pro­ 5. Cargo. Montreal Marine Control will switch to ceed at such a speed so as not to en­ 6. ETA Snell Lock (if pilot required). Channel 13 (156.65 MHz) for a Montreal danger the vessel or the occupants C.I.P. 8—(Order ____do...... 1. Name of Vessel. Harbor situation report. After complet­ thereof. of passing . 2. Location. through ing the call, the vessel will return to § 401.104-25 [Amended] established). guarding Channel 14 (156.7 MHz) before C.I.P. 8A...... j ...... do...... 1. Name of Vessel. exiting the lock. When the vessel has 3. The Mooring Table in § 401.104—25 2. Location. is amended under Lock 8 of the Welland • • • * • • * ' * ' * ' • cleared the downstream end of the lower Whaleback Shoal- WAG Clayton 1. Name of Vessel approach wall of. St. Lambert Lock, the Canal by striking the letter “S” for the Entering Sector (Call Ch. 2. Location. upbound tieup walls and inserting the 4. 16; Work 3. ETA Cape master or pilot will call “Seaway Beau- Ch. 12). Vincent. hamois” and request permission to letters “P or S” in the place thereof. This 4. Confirmation switch to Channel 13 (156.65 MHz). Sea­ permits an upbound vessel to tie up to pilot require­ either starboard or portside in that lock. ment—Lake way Beauhamois will concur and advise Ontario. the vessel of any upbound traffic cleared § 401.104—32 [Amended] Tibbetts Po in t- ...... do...... 1. Name of Vessel Leaving Sector 4. 2. Location. for Seaway entry but not yet at C.I.P. 2. 4. Section 401.104-32 is amended by Tibbetts Poin t- Seaway Pic- 1. Name of Vessel, In the event of expected vessel meet­ striking the word “Prescott” and insert­ Entering Sector ton Chan- 2. Location, ing (s) between the downstream end of 6. nel 11. 3. ETA Point ing the words “Prescott and Union Park" Petre. the lower approach wall and C.I.P. 2, the in place thereof to reflect the present 4. ETA Port downbound vessel will be told to remain Weller. designation of Union Park as an anchor­ (C.I.P. 15) on Channel 14 (156.7 MHz) until the or Lake meet has been completed. After the meet­ age area. Ontario Port. 5. Pilot require­ ing, the downbound vessel will call back § 401.104-34 [Amended] ment—Port before going to Channel 13 (156.65 MHz). Weller. 5. Section 401.104-34 is amended by • •• ••• « • • ***** striking the words “one thousand, six Newcastle...... Seaway 1. Name of Vessel. (d) Changes in information provided hundred feet” and inserting the words Oshawa 2. Location. “two thousand, two hundred fe e t” to Channel 11. 3. Updated ETA under paragraph (a) of this section shall Port Weller be reported to the appropriate Seaway properly state the existing distances for (C.I.P. 15). 4. Confirmation Station. the “Whistle” signs. pilot require­ 6. A new § 401.104-50 is added to re­ ment—Port §401.103—6 Communication— ports, quire reporting of certain deficiencies to Weller. docks and anchorages. navigation aids in order to provide more • • • • * • • • • ***** Long Point— Seaway Long 1. Name of Vessel. timely information on such problems. Leaving Sector 7. Point Ch. 2. Location. (b) Vessels entering or leaving a lake The new section reads as follows: port shall report to the appropriate Sea­ § 401.104-50 Reporting navigation aid • • • • • • • * * way Station as follows: deficiencies. Downbound Vessels Toronto and Hamilton—1 mile outside of • •• ••• * • * Any aid to navigation that is extin­ harbor limits. Long Point— Seaway Long 1. Name of Vessel. guished, damaged, out of position, o Entering Sector Point'Ch. 2. Location. Other lake ports—When crossing the harbor 7. 11. 3. ETA C.I.P. 16. en tran ce. missing shall be reported to the neares • • • * * * Seaway Station. ••• •** * * * in. Amend the rules on Transit In­ IV. Amend the rules on Dangerous Point Petre...... Seaway Pic- 1. Name of Vessel. structions as follows: ton Ch. 11. 2. Location. go as follows: 1. Section 401.104-1 is amended to re­ 3. Updated ETA . Section 4 0 1 .1 0 5 -7 is amended to Tibbetts Point flect the present agreement as to the vide an exception to the requireme or Lake Ontario duration of the navigation season and Port. b a vessel carrying hazardous carg 4. Confirmation reads as follows: pilot require­ 11 be equipped with nonmetallic ie * ment—Cape § 401.104—1 Navigation season. The exception resulted fr0® * . j, Vincent. Unless in the opinion of the Authority t study and applies to a vessel that Tibbetts Point WAG Clay- 1. Name of Vessel. weather and ice conditions do not allow tying Bunker C oil or its equiva , Entering Sector ton (Call 2. Location. l is equipped with gas free ba 4. Ch. 16; 3. Destination. navigation on the Seaway will open and Work Ch. 4. Drafts, fore and will close on the following dates in each g tanks. The revised section reads 12). aft. 5. Cargo. year:

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 RULES AND REGULATIONS 5789

L 401,105-7 Nonmetallic fenders. employer identification number. When is incorporated in this regulation a the provider is in solo practice, identifi­ (§ 250.80(f)) as a more appropriate An explosive vessel and hazardous cation shall be by social security num­ location. cargo vessel, other than one carrying the ber. When the provider is in other than Accordingly, the regulations as so equivalent of Bunker C oil in the center solo practice, identification shall depend amended and set forth below are hereby tanks and which is equipped with gas upon the group’s billing practices; where codified as § 250.80 of Chapter n of Title free ballast wing tanks, must be equipped billing is by the individual, then iden­ 45 of the Code of Federal Regulations. 'with a sufficient number of nonmetallic tification shall be by social security num­ fenders to prevent any metallic part of § 250.80 Fraud in the medical assist­ ber; where billing is by a partnership ance program. the vessel from touching the side of a or a corporation, then identification shall dock or lock wall. be by employer identification number. State plan requirements: A State plan 2. Section 401.105-10 is amended to (b) Compliance with the informationfor medical assistance under title XIX [require the reporting of flashpoint for reporting requirements of the Internal of the Social Security Act must: hazardous cargo when calling-in and to Revenue Code (26 U.S.C. 6041). With (a) Provide that the State' agency will [renumber the references to § 401.103-3 respect to payments for services under establish and maintain (1) methods and and §401.103-4 to § 401.103-5. This will the plan, the Internal Revenue Code re­ criteria for identifying situations in provide information which will facilitate quires that annual information returns which a question of fraud in the pro­ the handling of vessels while transiting be filed showing aggregate amounts paid gram may exist, and (2) procedures de­ the locks. The revised section reads as to providers of service identified by name, veloped in cooperation with State legal follows: address, and social security number or authorities for referring to law enforce­ § 401.105-10 Calling-in. employer identification number. ment officials situations in which there is valid reason to suspect that fraud has An explosive vessel shall report the Effective date. These regulations are been practiced. The definition of fraud Seaway Explosive Permit number, and effective on the date of publication in for purposes of this section will be deter­ both explosive and hazardous cargo ves­ the F ederal R egister (3-25-71). mined in accordance with State law. sels shall report the nature of their cargo (Sec. 1102,49 Stat. 647,42 U.S.C. 1302) (b) Provide for methods of investiga­ and its flashpoint (hazardous cargo), in Dated: January i5, 1971. tion of situations in which there is a addition to the other required informa­ question of fraud that do not infringe on tion, when' calling-in as provided by J ohn D. T winame, the legal rights of persons involved and §401.103-5. Administrator, Social ■ are consistent with principles recognized (68 Stat. 93-97, 33 U.S.C. 981-990, as and Rehabilitation Service. as affording due process of law. amended) Approved: March 17, 1971. (c) Provide that the State agency will [PRDoc.71-4280 Piled 3-26-71;8:50 am] designate positions that are responsible E lliot L. R ichardson, for referring situations involving sus­ Secretary. pected fraud to the proper authorities. [FR Doc.71-4094 Filed 3-26-71;8:45 am] (d) Provide that the State agency will Title 45— PUBLIC WELFARE establish and maintain procedures for reporting promptly to the Social and Re­ Chapter II—-Social and Rehabilitation PART 250— ADMINISTRATION OF habilitation Service (1) by a numbering Service (Assistance Programs), De­ MEDICAL ASSISTANCE PROGRAMS system which does not disclose identity partment of Health, Education, and of the provider (unless the Social and Fraud in the Medical Assistance Rehabilitation Service specifically re­ Welfare : Program quests such disclosure) each case of sus­ PART 250— ADMINISTRATION OF Interim policy which sets forth regula­ pected fraud by a provider which has MEDICAL ASSISTANCE PROGRAMS tions to implement section 1902(a) (4) been referred by the State or local agency (A) of the Social Security Act with re­ to law enforcement officials for appropri­ information Reporting Requirements, spect to fraud in the Medical Assistance ate action and subsequently (2) the dis­ internal Revenue Code Program was published in the F ederal position thereof by such law enforcement officials. Interim policy was published in the R egister of December 17, 1969 (34 F.R . 19775). After consideration of views pre­ (e) (1) Provide for the following state­ Federal Register on February 28, 1970 ments (or alternate wording approved by <35 F.R. 3898) relating to information sented by interested persons, the follow­ the Social and Rehabilitation Service Re­ reporting requirements and to verifica­ ing changes in the regulations were tion of services by providers in the medi­ made: gional Commissioner) to be imprinted in boldface type on all provider claims cal assistance programs authorized un­ 1. Interim policy 250.80(a) (4) has der title XIX of the Social Security Act. been revised to indicate that States, in forms above the claimant’s signature: After consideration of comments re­ reporting each case of suspected fraud (1) “This is to certify that the fore­ ceived, the regulations are hereby repub- by a provider which has been referred going information is true, accurate, and ™ied with the following change: Sec­ to law enforcement officials, shall iden­ complete.” tion 250.71(c), requiring a system for tify the provider by a numbering system (11) “I understand that payment and Permeation of services provided, has been which does not disclose the identity of satisfaction of this claim will be from redesignated as § 250.80(f) and thereby the provider, unless the Social and Re­ Federal and State funds, and that any incorporated in the State plan require­ habilitation Service specifically requests false claims, statements, or documents, ments relating to fraud in the medical such disclosure. (See 1 250.80(d)(1).) or concealment of a material fact, may assistance program, a more appropriate 2. Interim policy § 250.80(a) (5) has be prosecuted under applicable Federal "ifion. Accordingly, a new § 250.71 is been amended to allow an alternative or State laws”; or alternatively, added to Part 250 of Chapter H, Title method for certification by providers re­ garding payments of their claims. A (2) Provide for the following wording r5, of the Code of Federal Regulations, to appear on the reverse of checks (or 8s set forth below. statement similar to the one required on the claims forms can instead be printed warrants) payable to all providers above 8 250.71 Information reporting require­ above the claimant’s endorsement on the the claimant’s endorsement: ments, Internal Revenue Code. reverse of checks or warrants payable to I understand that endorsement hereon State plan requirements: A State plan all providers. (See § 250.80(e) (2).) or deposit to the accounts of the within named payee is done with the understanding jy medical distance under title XIX 3. A requirement for a system to verify that payment will be from Federal and State vide for*00^ ®ecur^y Ac^ must pro- that services billed were received by funds and that any false claims, statements, clients, published February 28, 1970 (35 or documents, or concealment of a material

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 5790 RULES AND REGULATIONS

(f) Provide for establishing a basis forwill be made, upon request, only in cases ington, D.C. 20235, or to the appropriate] verifying with recipients whether serv­ of emergency under the following con­ Region Director in the field, and shall! ices billed by providers were actually re­ ditions: include the following information: I ceived. Such basis may be by random (1) There must be a need which can­ (1) Name and address of organisation! sample of patients for each provider who not be filled within a reasonable time requesting the transfer; is paid significant amounts under the by a manufacturer or other source; (2) Description of the equipment! program and for groups of providers, (2) The transferee shall agree to required; none of whom receive a significant stand all costs incurred in connection (3) Time and method of replacement] amount. with the transfer; , of equipment; Effective date. The regulations set (3) The transferee shall agree to take (4) Name, type, and flag of ship in­ forth above shall be effective on date of possession and custody of the equipment volved, port at which installation is to publication in the F ed era l R e g is t e r at a time and place designated by the be made, and trade route and type of (3-25-71), except for § 250.80 (d) and Maritime Administration, and there trade in which ship is engaged: and (e) which shall become effective 120 days shall be no liability on the part of the (5) A detailed explanation of the need, after date of publication. Maritime Administration for any failure establishing that an emergency exists of the equipment thereafter; and and that the equipment cannot be ob­ (Sec. 1102, 49 stat. 647, 42 U.S.C. 1302) (4) The equipment transferred shall tained elsewhere in time for the ship to! Dated: February 16,1971. be replaced by the transferee, at his ex­ sail on schedule or to continue a voyage. (b) Upon determination by the Mari­ J o h n D. T w in a m e , pense, at the earliest practicable date and at a point designated by the Mari­ time Administration that the justifica­ Administrator, Social tion for the transfer meets the policy and Rehabilitation Service. time Administration to be suitable for ment of the same type and design or requirements of § 360.3 and that the Approved: March 17,1971. with equipment determined by the Mari­ equipment is available for transfer, the E l l io t L . R ic h a rd so n , time Administratio nto be suitable for authorized transfer official shall obtain Secretary. the same use as the equipment trans­ from the applicant, in writing, an agree­ ferred, in a condition satisfactory to the ment to the conditions of the transfer, [FR Doc.71-4093 Filed 3-26-71;8:45 am] Maritime Administration and in compli­ including the conditions set forth in ance with American Bureau of Shipping § 360.3 and such other conditions as may and Ufi. Coast Guard standards. be appropriate, including the foregoing Title 46— SHIPPING (b) Transfers which meet the above definition of the term “transfer.” requirements may be made (1) to opera­ (c) The transferee shall transmit to Chapter II— Maritime Administration/ tors of U.S.-flag m erchant' ships and the Maritime Administration, Washing­ Department of Commerce shipyards for the construction or repair ton, D.C., or the appropriate Region Di­ of U.S.-flag merchant ships, and (2) to rector a certified or cashier’s check pay­ SUBCHAPTER J— MISCELLANEOUS foreign-flag merchant ships and U.S. able to “Maritime Adm.-Commerce” in [General Order 84,2d Rev.] shipyards for the construction or repair the amount of the required deposit and of foreign-flag merchant ships, when it the service charge, as determined under PART 360— TRANSFER OF MARINE § 360.3 (c) and (d ). is determined by the Maritime Admin­ EQUIPMENT TO SHIP OPERATORS istration, in consultation with other Gov­ (d) Upon approval of the transfer, the Chief, Division of Supply Management or AND SHIPYARDS ernment agencies, as appropriate, that appropriate Region Director shall au­ Part 360 of this title and chapter is the transfer would be beneficial to the American merchant marine, the defense thorize the issuance of appropriate ship­ hereby revised to read as follows: ping and other necessary instructions for effort, or otherwise in the national Sec. the transfer of the equipment to the ship interest. 360.1 Purpose. operator or shipyard. 860.2 Definitions. (c) The transferee shall furnish a de­ (e) Upon determination that the 360.3 Policy. posit to the Maritime Administration in equipment transferred has been satis­ 360.4 Procedure. the amount of the current acquisition factorily replaced and all conditions of Au th o rity: The provisions of this Part value (new) of the equipment, as deter­ the transfer have been complied with, the 360 issued under section 204, 49 Stat. 1987, mined by the Maritime Administration, Maritime Administration will refund to as amended; 46 U.S.C. 1114. plus 10 percent of such amount to cover the transferee the amount of his deposit expenses which may be incurred by the § 360.1 Purpose. less such deductions as are determined Maritime Administration in connection by the Maritime Administration to be To set forth the policy and proce­ with the transaction, including possible appropriate. dures governing the transfer of marine damages to Maritime Administration equipment by the Maritime Administra­ properties, and, where applicable, an ad­ Dated: March 22,1971. tion to operators of merchant ships and ditional amount equal to the estimated By order of the Deputy Assistant Sec­ to shipyards for the construction or re­ cost of closing any openings or reassem­ retary for Maritime Affairs. pair of merchant ships, on the basis of bling any machinery made necessary by replacement at the earliest possible date. J a m es S. D aw so n , Jr., the transfer. This deposit, less the Secretary. § 360.2 Definitions. amount of any expenses or damages in­ curred by the Maritime Administration [FR Doc.71-4183 Filed 3- 26- 71;8:45 am] (a) The term “transfer,” as used in connection with the transfer, will be herein, shall be deemed to be a transfer returned to the transferee upon satis­ of possession with passage of title upon factory replacement of the equipment. delivery of the equipment to the opera­ (d) The transferee shall pay to the Title 49— TRANSPORTATION tor or shipyard, and with obligation for Maritime Administration a service replacement of the equipment by the Chapter II—-Federal Railroad Admin* charge in the amount of $200 to cover istration, Department of Transpor­ transferee. administrative and operating expenses (b) The terms “marine equipment” incurred in processing the transfer. This tation and “equipment,” as used herein, shall amount is to be deposited to the credit PART 251— LOANS AND GUARANTEE be deemed to include machinery, spare of the Government, and will not be re­ OF LOANS UNDER RAIL PASSENGER parts, and equipment required for the turned to the transferee. operation, construction, or repair of mer­ SERVICE ACT OF 1970 § 360.4 Procedure. chant Ships. The purpose of this amendment is to § 360.3 Policy. (a) Requests for the transfer of ma­establish a new P art 251 setting forth rine equipment shall be submitted, in procedures and requirements for the m- (a) Transfers of marine equipmentwriting, to the Chief, Division of Reserve ing of applications for loans or &u&ra * owned by the Maritime Administration Fleet, Maritime Administration, Wash­ tee of loans by the Federal Raiiroau

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 RULES AND REGULATIONS 5791

Administrator under the Rail Passenger (iii) The maturity date or dates; other consideration given or to be given Service Act of 1970 (Public Law 91-518). (iv) Description of the security, if any, by lender in connection with the pro­ Since this amendement relates to loans for the loan, including applicants* posed loan, including with respect and th e guarantee of loans, notice and opinion of the value of any collateral thereto: public procedure are not required and it and the basis for such opinion; (i) Name and address of each person may be made effective in less than 30 (v) The date or dates on which the to whom the payment is made or to be days. applicant desires the funds to be made made; In consideration of the foregoing, available; (ii) The amount of the cash payment, effective immediately, Chapter n of Sub­ (vi) The rate of interest; or the nature and value of -other due B of Title 49, Code of Federal Reg­ (vii) Estimated total expenses in con­ consideration; ulations, is amended by adding a new nection with the loan, including detail (iii) The exact nature of the services Part 251, as set forth below. as to expenses estimated for legal and rendered or to be rendered; „ Issued in Washington, D.C., on accounting services, printing and engrav­ (iv) Any condition upon the obligation March 22, 1971. ing, trustees’ feeé, State and Federal of the lender to make such payment; and taxes, and commissions and discounts; (v) The nature of any affiliation, as­ C arl V . L y o n , and sociation, or prior business relationship Acting Administrator, (viii) If a guarantee, the portion of between any person listed in subdivision Federal Railroad Administration. the loan concerning which guarantee (i) of this subparagraph and the lender Sec. by the Administrator is sought, descrip­ or any of its directors, partners, or 261,1 Applicability. tion of the security for the loan and the officers. 251.3 Definitions. guarantee, together with an opinion of 251.5 Contents of application. the value of such collateral and the basis § 251.7 Required exhibits. 251.7 Required exhibits. 251.9 Additional information. for such opinion. Each application and each copy thereof 251.11 Pees for loan guarantees. (4) Statement, in summary form required by this part must have attached 251.13 Execution and filing of application. showing the Applicant’s financial obliga­ the exhibits listed in Appendix A to this 251.15 General instructions. tions to, or claims against, the United part. If a particular exhibit is not ap­ Appendix A—Required exhibits, documents, States, if any, as of date of application, plicable, the application shall so state. and certificates. or latest available date, listed as to— § 251.9 Additional information. Appendix B— Form s. (i) Balance on any direct loans; (ii) Balance on any loans under which (a) Each application for a loan guar­ Autho rity: The provisions of this Part 251 issued under secs. 602 and 701 of the Rail the United States is guarantor; antee must include the following: Passenger Service Act of 1970, Public Law (iii) Status of any claims under litiga­ (1) A statement on behalf of the Ap­ 91-518; § 1 .4 9 (1 ), R egulations of th e Office tion; and plicant that it has endeavored to obtain of the Secretary of Transportation, 49 CFR (vi) Any other debits or credits exist­ a loan without a guarantee by the Ad­ 1.49(1). ing between the Applicant and the United ministrator, but has not been able to § 251.1 Applicability. States, showing the department or obtain a loan upon reasonable terms, in­ agency involved in such loans, claims and cluding in the statement the terms that This part prescribes the procedures other debts. are available and describing any facts governing applications for loans or the (b) Each application shall include, inrelevant to the efforts to obtain a loan. guarantee of loans to railroads, the Na­ the order indicated and identified by ap- tional Railroad Passenger Corporation (2) Copies of correspondence from all, plicable section numbers and letters cor­ and not less than three, lending institu­ or regional transportation agencies responding to those used in this part, the under section 602 or 701 of the Rail Pas­ tions to which application for the financ­ following information as to the lender ing has been made, showing that they senger Service Act of 1970 (45 U.S.C. 501 or lenders: etseq: 84 Stat. 1327). have declined the financing unless guar­ (1) Full and correct name and prin­ anteed by the Administrator or showing § 251.3 Definitions. cipal business address. the terms upon which they will under­ As used in this part— (2) Names and addresses of principal take the financing without a guarantee. i “Act” means the Rail Passenger Serv­ executive officers and directors, or ^partners. (b) Each application for a loan must ice Act of 1970. include the following: (3) Reference to applicable provisions “Administrator” means the Federal (1) A statement on behalf of the Ap­ Railroad Administrator. of law and the charter or other govern­ ing instruments conferring authority to plicant that it has endeavored to obtain “Commission" means the Interstate a loan but has been unable to obtain a Commerce Commission. the lender to make the loan and to accept the mortgage or other obligation se­ loan therefor upon reasonable terms, and “Railroad” means a common carrier including in the statement the terms that by railroad as defined in section 1(3) of curing the loan. (4) Brief statement of the circum­ are available and describing any facts Part 1 of the Interstate Commerce Act, relevant to the efforts to obtain a loan. as amended (49 U.S.C. 1(3) ). stances and negotiations leading to the agreement by the lender to make the (2) Copies of correspondence from all, § 251.5 Contents of application. proposed loan, including the name and but not less than three, lending institu­ ^ (a) Each application shall include, in address of any person or persons, other tions to which application for the financ­ Jhe order indicated and identified by ap­ than directors, officers, partners, or em­ ing has been made, showing that they plicable section numbers and letters ployees of the Applicant, representing or have declined the financing. corresponding to those used in this part, purporting to represent the Applicant in § 251.11 Fees for loan guarantees. connection with such negotiations. “v.e following information as to the Ap­ The lender of a loan guaranteed by the plicant (or Trustee, if applicable) and (5) Brief statement of the natùre and we transaction: Administrator shall pay to the Adminis­ extent of any affiliation or business re­ trator a guarantee fee that the Adminis­ lationship between the lender and any (1) Full and correct name and prin­ trator determines to be reasonable under cipal business address. of its directors, partners, or principal the circumstances. This guarantee fee is (2) Name, title, and address of the executive officers, on the one hand, and, paid on the date of closing the loan and imr+i?to w*?om correspondence regard- on the other, the Applicant and any of annually thereafter until the loan is m d ?plica^ on should be addressed, its directors, partners, or principal ex­ repaid. it« « Bnef descriPtion of the loan and ecutive officers, or any person or persons m.„.Urpese °r purposes, including state- whose name is required to be furnished § 251.13 Execution and filing of appli­ under subparagraph (4) of this cation. (in mu6 ^ ai amount of the loan; paragraph. (a) Each original application shall tho I« The purPose or purposes for which (6) Full and complete statement of bear the date of execution and be signed ■ l0an Proceeds will be u sed; all sums paid or to be paid and of any by or on behalf of the Applicant and the

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 No. 60— 4 5792 RULES AND REGULATIONS lender. Execution cm behalf of the Appli­ (iii) The pledge of security Tor the loanor more railroads which differs from the I cant shall be by an officer having knowl­ or the guarantee. retu rn s in th e balance sheet schedules ot I edge of the matters set forth in the ap­ E x h ib it 3. A preliminary opinion of coun­ its annual reports to the Commission, ref-1 plication. Each person signing the appli­ sel for Applicant that he is familiar with the erence shall be made to the sections of the I corporate or other organizational powers of stockholders’ reports which include those! cation on behalf of the Applicant or the Applicant, that the Applicant is author­ consolidated balance sheets. lender shall also sign a certificate in the ized to make the application, and that when E xh ib it 9. A copy of the Applicant’s report ] form as set forth in Appendix B to this proper corporate action has been taken, to its stockholders for each of the 3 years! part. necessary authorizations obtained and the preceding th e year in w hich the application! (b) Each original application shall in­ obligations executed, and security delivered is filed. (Submitted with the original of the j clude a certificate by the Chief Account­ as contemplated by the application, the obli­ application only.) gations will constitute the valid and subsist­ Exhibit 10. A comparative income state­ ing Officer of the Applicant in the form ing obligations of the Applicant. m en t for last fu ll q u arter of the year pre­ set forth in Appendix B to this part. E x h ib it 4. A map of the railroad owned, ceding th e m on th of th e year in which the (c) Each original application and sup­ operated, or leased by Applicant. loan application is filed, including cumula­ porting papers, and six copies thereof E xh ib it 5. A statement as to whether or tive data to latest month shown, which may shall be filed with the Federal Railroad not any railroad affiliated with Applicant has not be earlier than the third month preced-1 Administrator, Department of Transpor­ applied for or received a loan guarantee ing date of filing the application, com-1 under Title V of the Interstate Commerce pared with the same quarter of each of the! tation, Washington, D.C. One copy of the Act, the Emergency Rail Services Act of 1970, 2 preceding years, in account form similar application and supporting papers for a Or under this Act. If an affiliate has applied to that required in column (a) of Schedule loan under section 701 of the Act shall for or received such a guarantee, full partic­ 300 of ann ual rep ort Fo rm A. The informa­ be filed with the Secretary of the Treas­ ulars shall be given. tion must be. modified to include any re­ ury, Washington, D.C. Each” copy shall E x h ib it 6. A statement showing total divi­ vision of the Commission’s Uniform System show the dates and signatures that ap­ dends declared and total dividends paid for of Accounts for Railroad Companies in effect pear in the original and shall be complete each of the last 5 calendar years and Tor the on the date the loan application is filed. current year to latest available date. Exhibit 11. A com parative income state­ in itself. E x h ib it 7. A copy of general balance sheet m en t showing d ata for each of the last 2 (d) If unusual difficulties arise in the as of latest available date, but not earlier years in account form and detail required furnishing of any of the exhibits required than the end of the third month preceding by Exhibit 10. by § 251.7, the Applicant or the lender date of filing of the application, in the form Exhibit 12. A pro form a income statement may, upon appropriate showing and with and detail required in Schedules 200A and showing estimated Income account for each the consent of the Administrator, omit 2Q0L of the Interstate Commerce Commis­ of the remaining months in the current year filing those exhibits. sion’s annual report Form A, together with and for each month of the following year, the following supporting schedules: in the account form and detail required by (e) If furnishing exhibits in the detail (i) Particulars of loans and notes receiv­ Exh ib it 10, to geth er w ith a statement required by § 251.7 is shown by the Ap­ able in form and detail as required in Sched­ setting forth the basis for such estimates. plicant or lender to be unduly burden­ ule 201 of annual report Form A or the Class Exhibit 13. A comparative statement of some in relation to the nature and I railroads. total expenditures for maintenance of (i) amount of the loan, the Administrator (ii) Particulars of investments in other way and structures and (ii) equipment for may modify the requirements of said companies in form and detail similar to that each of the past 2 years and for each month required in Schedules 205 and 206 of annual of th e cu rre n t year, together with estimated section. report Fo rm A. expenditures for the remaining months of (f) The Administrator may, with re­ (iii) Particulars of balances in accounts the current year and the following year, spect to individual loans, waive or modify 741 and 743, Other Assets and Deferred including a statem en t showing the basis for any requirement of this part upon good Charges, in form and detail as required in the estimates. cause shown, or make any additional re­ annual report Form A, Schedule 216. Exhibit 14. A statement showing for the quirements he deems necessary. (iv) Particulars of loans and notes pay­ current calendar year and each year for 5 able in form and detail required in Schedule years thereafter, estimates for total operat­ § 251.15 General instructions. 223 of annual report Form A, as well as ing revenues, total operating expenses, op- information as to bank loans, including the perating ratio, income available for fixed (a) If the application is approved by name of the bank, date and amount of the charges, and n e t incom e after fixed charges the Administrator the documents listed original loan, current balance, maturities, and contingent interest. in section n of Appendix A to this part rate of interest, and any security given. Exhibit 15. A statem en t showing actual shall be deposited with the Administra­ (v) Particulars of long-term debt in form cash balance at the beginning of each month tor at least 3 business days before the and detail similar to that required in Sched-r and _ the actual cash receipts and disburse­ transaction is closed, together with any ules 218 and 219 of annual report Form A, ments during each month of the current yew other document the Administrator may including a brief statement concerning each to the date of the latest balance sheet mortgage, and indicating the property or furnished as Exh ib it 7, together with a require. securities encumbered. monthly forecast (both before and after giv­ (b) A loan or a guarantee of a loan by (vi) Particulars of balance in account ing effect to use of proceeds from the pro­ the Administrator under this part does 784, Other Deferred Credits, in form and posed loan) for th e balance of the current not relieve the applicant from complying detail as required in Schedule 225 of an­ year and for the following year. with section 20a of the Interstate Com­ nual report Form A. Exhibit 16. A statement showing, for each merce Act (49 U.S.C. 20a) in relation to (vii) Particulars as to contingent assets month to latest available month of the the issuance of securities. and liabilities in form and detail as re­ current year, compared with the same month quired in Schedule 233 of annual report of each of the 2 preceding years— Appendix A—R equired Ex h ib its, Documents, Fo rm A. (i) N um ber of tons of revenue freight and Certificates (viii) Particulars as to guarantees and carried ; I. E xh ibits. j[a) The following exhibits suretyships in form and detail as required (ii) Number of revenue ton-miles; must tote submitted with respect to the in Schedule 110 of annual report Form A. (iii) Freight revenue (account 101); A pplicant: (ix) Particulars as to capital stock in (iv) Number of passengers carried; E x h ib it 1. A duly certified copy of the form and detail as required in Schedules (v) Number of passenger miles; (vi) • Passenger revenue (account 102) ; an Charter or Articles of Incorporation and the 228, 229, and 230 of annual report Form A. (vii) Estimated information for subdivi­ bylaws of the Applicant. (Submitted with The information required in this exhibit the original application only.) sions (i) through (iii) for each of the re­ shall give effect to any modification of the maining months in the current year a E x h ib it 2. A certified copy of resolutions Commission’s Uniform System of Accounts for the following year. of the Board of Directors of the Applicant, for Railroad Companies in effect on the date statement or if the Applicant is in reorganization under the loan application is filed. Exhibit 17. A comparative show­ Chapter 77 of the Bankruptcy Act, a certified E xh ib it 8. A statement showing compara­ ing, for each year in the 2-year P®3**J*Jj* copy of the order of the District Court hav­ tive balance sheets as of December 31, for ceding the year in which the applicati ing jurisdiction of Applicant, authorizing— each of the last 2 years preceding the year filed, and on an estimated basis iol (i) The filing of the application; in which the application is filed,' in the current year and each of the 4 years un (ii) The filing of an application with the form and detail required in annual report after, the following: Interstate Commerce Commission under Form A, Schedules 200A and 200L, and if (i) Total charges to operating expenses! section 20a of the Interstate Commerce Act, the Applicant’s report to its stockholders in­ depreciation of way and structures» for authority to Issue securities; and cludes a consolidated balance sheet for two equipm ent;

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 RULES AND REGULATIONS 5793

(ii) Deductions for accelerated tax amor­ and matters set forth therein are true and much more resistance than would a tization under section 168 of the Internal correct to the best of his knowledge, infor­ child’s body. To eliminate the effects of Revenue Code in excess of charges listed in mation, and belief. such pressure by the torso block, section subdivision ( i ) ; S5.3(c) (1) of the standard is amended to (iii) Net income reported in annual re­ (Date) • (Signature) read as- set forth below. ports to the Commission; and II. The following is the form of the cer­ Since, this amendment is interpreta­ (iv) Pro forma net income which would tificate to be made by the Chief Accounting have resulted without the benefit of de­ Officer of an Applicant: . tive and clarifying in intent and im­ ductions for accelerated tax amortization poses no additional burden on any per­ under section 168 of the Internal Revenue ...______■____ certifies that he son, notice and public procedure Code. (Name cf Officer) thereon are unnecessary. Exhibit 18. A general statement setting forth the facts as to estimated prospective i s ______of Effective date: April 1,1971. earnings and other funds upon which Ap­ (Title of Officer) The major usage of Type 3 seat belt plicant relies to repay the loan. ______:_____ th a t he assembly buckles will be on child seating (b) The following exhibits must be sub­ (Name of Applicant) systems that comply with Standard No. mitted with respect to the loan transaction: 213, effective April 1, 1971. So that the has supervision over the books of account and Exhibit 19. Specimens or, where specimens amendment to Standard No. 209 will are not available, forms of all securities to other financial records of------— be pledged or otherwise issued in connection ______rJL-______w______and has have maximum effect, good cause is with the proposed loan and in case of a (Name of Applicant) found for establishing an effective date mortgage, a copy of the mortgage or inden­ control over the manner in which they are sooner than 180 days after issuance. ture. kept; that the accounts are maintained in Since the amendment is interpretive in Exhibit 20. Copies of the loan agreement good faith in accordance with the orders of nature and relieves a restriction, there entered into, or to be entered into, between the Interstate Commerce Commission or is also good cause for establishing an the Applicant and lepder, and of any'agree­ with generally acceped accounting prin­ effective date sooner than 30 days after ments or instruments executed or to be exe­ ciples and practices; that he has examined issuance. cuted in connection with the proposed loan. the financial statements and supporting (c) The following m u st be subm itted w ith schedules included in this application and In consideration of the foregoing, Mo­ applications under section 701 of th e A ct: to the best of his knowledge and belief those tor Vehicle Safety Standard No. 209, in Exhibit 21. An executed copy of the Agree­ statements accurately reflect the accounts as § 571.21 of Title 49, Code of Federal ment between the Applicant and the National stated in the books of account, and that, Regulations, is amended as follows: Railroad Passenger Corporation entered into other than the matters set forth in the at­ under section 401 of the A ct,' tached exceptions those financial statements § 571.21 Federal Motor Vehicle Safety (d) ~ If Applicant is not a carrier subjectand supporting schedules represent a true Standards. to the accounting requirements of the Com­ and complete statement of the financial posi­ * * * . * ♦ mission, Exhibits 7, 8, 10-12 shall conform tion of the Applicant; and that there are no M otor V e h i c l e S a f e t y S tandard No. 209 to generally accepted accoun tin g principles undisclosed assets, liabilities, commitments and practices. to purchase property or securities, other SEAT BELT ASSEMBLIES— PASSENGER CARS, II. Documents, (a) The following docu­ commitments, litigation in the courts, con­ MULTIPURPOSE PASSENGER VEHICLES, ments must be submitted under § 251.15(a) tingency rental agreements, or other contin­ TRUCKS, AND BUSES before the closing of the loan transaction: gent transactions which might materially * * * * * (1) A final opinion by counsel for th e Ap­ affect the financial position of the Applicant. plicant to the effect that he is familiar with S5.3(c) * * * the corporate powers of the Applicant; that (1) The testing machine shall con­ the Applicant is authorized to execute and (Date) (Signature) form to the requirements specified in deliver the securities or other obligations [FR .Doc.71-4281 Filed 3-26-7i;8:50 am] S5.1(b). A torso having the dimensions evidencing them, and to pledge and hypothe­ cate any securities pledged as collateral; that shown in Figure 6, configured so that the securities or other obligations so exe­ it does not contact a buckle in such a cuted and delivered constitute the valid Chapter V— National Highway Traffic way as to affect the buckle release force, and binding obligations of the Applicant; Safety Administration, Department shall be attached to one head of the and that the securities or other obligations of Transportation testing machine through a universal of the Applicant will obtain a lien on any joint which is guided in essentially a security involved of the rank and priority PART 571— FEDERAL MOTOR frictionless manner to minimize lateral represented by th e A pplicant. T he opinion VEHICLE SAFETY STANDARDS shall also cover the priority and lien of each forces on the testing machine. An an­ item of the collateral offered. Seat Belt Assemblies for Passenger chorage and simulated seat back shall (2) Certified copies of the resolutions of be attached to the other head as shown the Board of Directors of the Applicant or, Cars, Multipurpose Passenger Ve­ in Figure 7. where applicable, the order of the reorgani­ hicles, Trucks and Buses # * ♦ * * zation court, authorizing officers of Appli­ (Secs. 103 and 119, National Traffic and Motor cant to execute and deliver the securities or The purpose of this notice is to amend Vehicle Safety Act, 15 U.S.C. 1392, 1407;' other obligations and to give the security Motor Vehicle Safety Standard No. 209, delegation of authority at 49 CFR 1.51) under and according to the terms of the loan in § 571.21 of Title 49, Code of Federal or guarantee as prescribed by the Adminis­ Regulations, to clarify the method in Issued on March 23,1971. trator. which the buckle release force of a Type Appendix B —F orms 3 seat belt assembly is measured. D ouglas W . T o m s , Acting Administrator. I. The following is the form of the certifi­ The standard provides (S 4 .3 (d )(l), cate to be made by each person signing an S5.2(d)(l)) that the force required to [FR Doc.71-4282 Filed 3-26-71;8:50 am] application on behalf of an A pplicant or release a Type 3 assembly buckle is measured following the assembly test of certifies S5.3, with a force of 45± 5 pounds applied Chapter X— Interstate Commerce (Name of offic ial) to a torso block restrained by the Type 3 that he is t h e ____ of th e Commission (Title of official) assembly. The test procedure was in­ tended to represent the situation in SUBCHAPTER A— GENERAL RULES AND ------th a t he REGULATIONS (Name of Applicant or lender) which the vehicle is inverted and the is authorized by______to sign child is held by the harness. The force [S. O. 1067, Amdt. 1] (Name of Applicant or lender) applied along the line of the belt is of PART 1033— CAR SERVICE d file with the Administrator this appli- primary significance, but it appears that atlon and th e attach ed exhibits; th a t he the release force of some buckles is sig­ Distribution of Boxcars as carefully examined all of the statements nificantly increased by the pressure of in the application and the attached At a Session of the Interstate Com­ exhibits relating t o ______; the torso block on the back of the buckle. merce Commission, Railroad Service (Name of Applicant or lender) This pressure is not regarded as repre­ , has knowledge of the matters set sentative of actual conditions, in that Board, held in Washington, D.C., on the th therein and that all statements made the hard surface of the torso block offers 23d day of March 1971.

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 5794 RULES AND REGULATIONS

Upon consideration of requests of the days after publication of this notice in Illinois Central Railroad Co. seeking sus­ Title 9— ANIMALS AND the F ed er a l R e g is t e r , the provisions of pension of certain provisions of Serv­ Titles I and IV of said Act shall apply to ice Order No. 1067. intrastate operations and transactions in It appearing, that the provisions of ANIMAL PRODUCTS said State and persons, firms, and corpo­ paragraph (8) of section (a) of Service Chapter III— Consumer and Market­ rations engaged therein, to the same ex- Order _No. 1067 have resulted in severe ing Service (Meat Inspection), De­ . tent and in the same manner as if such shortages of plain 50-foot boxcars by partment of Agriculture operations and transactions were con­ shippers located, on the lines of the Illi­ ducted in or for “commerce” within the nois Central Railroad Co.; that the pro­ SUBCHAPTER A— MEAT INSPECTION meaning of the Act, and any establish­ visions of Service Order No. 1067 which REGULATIONS ment in Montana which conducts any require the return to owners of plain PART 331— SPECIAL PROVISIONS FOR slaughtering or preparation of carcasses or parts or products theréof as described 50-foot boxcars owned by the Illinois DESIGNATED STATES AND TERRI­ Central Railroad have not been in effect above must have Federal inspection or for a sufficient time to overcome the TORIES; AND FOR DESIGNATION cease its operations, unless it qualifies for shortages caused by the limited use, au­ OF ESTABLISHMENTS WHICH EN­ an exemption under paragraph 23(a) or thorized by Service Order No. 1067, of DANGER PUBLIC HEALTH AND FOR 301(c) of the Act. The exemption provi­ similar cars owned by railroads not SUCH DESIGNATED ESTABLISH­ sions of the Act are very limited. Therefore, the operator of each such named in various Interstate Commerce MENTS Commission service orders; and to pre­ establishment who desires to continue vent irreparable harm to the affected Notice of Designation of Montana such operations after designation of the shippers during the necessary car-relo­ Under the-Federal Meat Inspection State becomes effective should immedi­ ately communicate with the Regional cation period. Act It is ordered, That: Director for Meat and Poultry Inspection, Statement of considerations. P ara­ as listed below, for information concern­ Service Order No. 1067 be, and it is ing the requirements and exemptions hereby, amended, by adding the follow­ graph 301(c) of the Federal Meat In­ spection Act (21 U.S.C. 661(c)) required under the Act and application for inspec­ ing paragraph (a), subparagraph (8.1) tion and survey of the establishment: to paragraph (a) of Service Order No. thé Secretary of Agriculture to designate 1067: promptly after December 15, 1969, any Dr. L. H. Burkért, Director, 316 Robert Street, State as one in which the requirements of Room 638, S t. Pau l, MN 55101, Telephone: § 1033.1067 Service Order No. 1067. Titles I and IV of said Act shall apply to Area Code 612-725-7835. (a) Distribution of boxcars. * * * intrastate operations and transactions, Accordingly, § 331.2 of the regulations (8.1) Hie provisions of subparagraph and to persons, firms and corporations under the Federal Meat Inspection Act is (8) of this paragraph insofar as they engaged therein, with respect to meat amended pursuant to said Act by adding apply to the Illinois Central Railroad products and other articles and animals the following State name (in alphabeti­ Co. are hereby suspended until 12:01 subject to the Act, if he determined after cal order) and effective dates of desig­ a.m. April 5,1971. consultation with the Governor of the nation to the list set forth in said section: * * * * * State, or his representative, that the Effective date State involved had not developed and Effective date. "This amendment shall State of designation activated requirements, at least equal to M ontana_____: ______:______April 27, 1971. become effective at 12:01 a.m., March 24, those under Titles I and IV, with respect 1971. to establishments within the State at This amendment of the regulations is (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, which cattle, sheep, swine, goats, or necessary to reflect the determination of 384, as amended; 49 U.S.C. Î, 12,15, and 17(2). equines are slaughtered, or their car­ the Secretary of Agriculture under para­ Interprets or applies Secs. 1 (10-17), 15(4), casses, or parts or products thereof, are graph 301(c) of the Federal Meat Inspec­ and 17(2), 40 Stat. 101, as amended, 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and 17(2)) prepared for use as human food, solely tion Act. It does not appear that public for distribution within such State. How­ participation in this rulemaking proceed­ It is further ordered, That a copy of ever, if the Secretary had reason to be­ ing would make additional information this order and direction shall be served lieve that the State would activate the upon the Association of American Rail­ necessary requirements within an addi­ available to the Secretary. Therefore, roads, Car Service Division, as agent of tional .year, he could allow the State 1 under the administrative procedure pro­ all railroads subscribing to the car serv­ additional year in which to activate such visions in 5 U.S.C. 553, it is found upon ice and per diem agreement under the requirements. good cause that such public procedure is terms of that agreement, and upon the The Secretary had reason to believe, impracticable and unnecessary and good American Short Line Railroad Associa­ after consultation with the Governor of cause is found for making this amend­ tion; and that notice of this order be the State of Montana that the State ment effective less than 30 days after given to tiie general public by depositing would develop and activate the prescribed publication in the F ed era l R egister. a copy in the Office of the Secretary of requirements by December 15, 1970, and the Commission at Washington, D.C., accordingly allowed the State the addi­ This amendment shall become effective and by filing it with the Director, Office tional period of time for this purpose. upon publication in the F ederal R egis­ of the Federal Register. However, the Secretary has now deter­ t e r (3-27-71). mined that Montana has not developed By the Commission, Railroad Service Done at Washington, D.C., on March Board. and activated the prescribed require­ ments. Therefore, notice is hereby given 25,1971. [ s e a l ] R o b e r t L . O s w a l d , R ichard E. L yn g , that the Secretary of Agriculture desig­ Assistant Secretary. Secretary. nates said State under paragraph 301(c) [FR Doc.71-4312 Filed 3-26-71;8:53 am] of the Act. Upon the expiration of 30 [FR Doc.71-4402 Filed 3-26-71; 11:26 am]

FEDERAL REGISTER. V O L 36. NO. 60— SATURDAY, MARCH 27, 1971 5795 Proposed Rule Making

Sec. 1969, 83 Stat. 742; 30 U.S.C., Supp. V, DEPARTMENT OF THE INTERIOR 4.515 Waiver of hearing and initial decision 801-960 (1970). by Examiner. (b) The terms “Secretary,” “opera­ Office of Hearings and Appeals 4.516 Applicability of general rules. tor,” “person,” “agent,” “miner,” “coal [ 43 CFR Part 4 ] I nvestigations Pursuant to S ection mine,” “imminent danger,” and “manda­ 104(h) of th e Act tory health or safety standard,” have the MINE HEALTH AND SAFETY: 4.520 How initiated. meanings set forth in section 3 of the HEARINGS AND APPEALS 4.521 Participation by interested parties. Act. 4.522 Application for hearing on abatement. (c) The term “notice of violation” Notice of Proposed Rule Making R eview of Orders and Notices means a notice issued under sections 104 (b), (c) or (i) of the Act or any modifi­ In the F ederal R e g is t e r for March 28, 4.530 Initiation of proceedings. cation thereof. 1970 (35 F.R. 5255-5258) there were pub­ 4.531 Answer. (d) The term “withdrawal order” lished regulations governing administra­ 4.532 Contents of application and answer. tive hearings and appeals under the Fed­ 4.533 Review of subsequent order or notice. means an order issued under section 104 of the Act. eral Coal Mine Health and Safety Act Assessm en t of Civil Penalties of 1969. These regulations are codified (e) The term “Bureau” means Bureau in Title 30, Code of Federal Regulations, 4.540 How initiated. of Mines of the Department of the 4.541 Contest of penalty. Interior. under Chapter III, Part 301. As a result 4.542 Content of answer to penalty assess­ of experience gained to date in process­ m ent. (f) The term “Office of Hearings and ing applications and petitions filed pur­ 4.543 Burden of proof. Appeals” means the Office of Hearings suant to the Act, it is determined desir­ 4.544 Assessment of penalty. and Appeals of the Department of the able to propose a revision of these rules. Petition for Modification of Application Interior. It is also proposed to place these regula­ of Mandatory S afety Standards (g) The term “Board” means the tions in Subpart F, Part 4, Title 43. This Board of Mine Operations Appeals of the 4.550 Who may file. is being done as a complete recodification 4.551 Form of petition. Office of Hearings and Appeals. of all hearing and appellate rules for ad­ 4.552 Procedure. (h) The term “Examiner” means a ministrative proceedings within the De­ Hearing Examiner appointed pursuant to partment. The change will centralize and Application for Compensation or for R e ­ section 3105 of title 5 of the United States unify administrative proceedings within view of Discharge or Acts of Discrimina­ Code. tion Under Section 110 of th e Act the Department. Accordingly, notice is (i) The term “Associate Solicitor” hereby given of a revision of former Part Sec. 4.560 Who may file. means the Associate Solicitor, Division of 301 reading as set forth below in tenta­ 4.561 When to filé. Mine Health and Safety, Department of tive form. 4.562 Contents of application. the Interior, or his delegate. It is the policy of the Department of 4.563 Answer. (j) The term “represehtative of min­ the Interior, whenever practicable, to af­ Application for T emporary R elief ers” means a person or organization designated by a group of miners to act ford the public an opportunity to partici­ 4.570 Procedure. 4.571 Contents of application. as their representative for purposes of pate in the rule making process. Accord­ the Act. ingly, interested persons may submit 4.572 Limitations. written comments, suggestions or objec­ Hearings § 4.506 Scope and construction. tions with respect to the proposed revised 4.580 Hearings to be conducted by Exam­ (a) The procedures and rules of prac­ regulations to the Director, Office of iners. tice set forth in these rules shall govern 4.581 Assignment of Examiners. Hearings and Appeals, Attention; Special investigations pursuant to section 104 4.582 Powers of Hearing Examiners. (h) of the Act, applications for review Assistant to the Director (Regulations), 4.583 Notice of hearing; appearances. 4015 Wilson Boulevard, Arlington, VA 4.584 Depositions. under section 105 of the Act, assessment of civil penalties under section 109 of the 22203, within 45 days from the date of 4.585 Interrogatories. 4.586 Subpoenas; witness fees. Act, applications under section 110 of the publication of this notice in the F ederal 4.587 Burden of proof. Act, and petitions for modification of Register. 4.588 Waiver of evidentiary presentation. the application of mandatory safety R ogers C. B. M o rto n , 4.589 Evidence. standards under section 301(c) of the Secretary of the Interior. 4.590 Summary decision of Examiner. Act. 4.591 Certification of interlocutory ruling. March 2 3 ,1 9 7 1 . 4.592 Certification of record. (b) These rules shall be liberally con­ Subpart F— Special Rules Applicable 4.593 Proposed findings, conclusions and strued to secure the just, prompt and orders. inexpensive determination of all pro­ to Mine Health and Safety Hearings 4.594 Initial decision. ceedings consistent with adequate con­ ond Appeals 4.595 Effect of initial decision. sideration of the issues involved. Procedures U nder F edera l C oal M in e Appeals to the B oard § 4.507 Parties. Health and S a f e t y A ct o f 1 9 6 9 4.600 Notice of appeal. 4.601 Briefs. (a) All persons indicated in the Act as General 4.602 Interlocutory appeals. parties to administrative review proceed­ Sec, ings under the Act shall be considered 4.505 Definitions. 4.603 Remand. 4.506 4.604 Reconsideration. statutory parties. Such statutory parties Scope and construction. 4.605 Final decisions. 4.507 Parties. include: (1) In all but penalty, compen­ 4.508 sation or discrimination proceedings, the Piling and form of documents. G en e r a l 4.509 Service. Bureau of Mines as represented by the 4.510 Motions. § 4.505 Definitions. Solicitor, the operator of the mine, any 4.511 Consolidation of proceedings. 4.512 Withdrawal of pleading. As used in these rules : representative of miners; (2) in a pen­ 4.513 Intervention. (a) The term “Act” means the Fed­alty proceeding under section 109 of the 4.514 Expedition of proceedings. eral Coal Mine Health and Safety Act of Act, the Bureau and the party against

. FEDERAL REGISTER, V O L 36, NO. 60— SATURDAY, MARCH 27, 1971 5796 PROPOSED RULE MAKING

whom the penalty is,sought to be as-, party submitting the document or, if the show that the petitioner’s participation sessed; (3) in a compensation action un­ party is represented by an attorney, by will assist in the determination of the der section 110 of the Act, the miners and such an attorney. The address of the issues in question. The Examiner or the operator affected; and (4) in a discrimi­ party or the attorney shall appear be­ Board may grant or deny petitions for in­ nation action under section 110 of the neath the signature. tervention or may permit intervention Act, the miner, miners, or representative § 4.509 Service. limited to particular stage of the of miners who claim discrimination , and proceeding. the operator affected. . (a) Copies of all documents filed in (b) Any other person claiming a right any proceeding described in these rules § 4.514 Expedition of proceedings. of participation as an interested party and copies of all notices pertinent to such (a) Before the Examiner. At any time or otherwise seeking to intervene in a proceeding shall be served on all after the commencement of a proceed­ proceeding may become a party upon other persons made parties to the pro­ ing a party may move the Examiner to petition to the Examiner or the Board ceeding under § 4.507. Interested parties expedite the hearing and decision of the and the granting of such petition. are given notice of proceedings under case. Such motion shall be in writing and (c) Where a person who is a statutory § § 4.520 and 4.550 by posting such accompanied by supporting documents party, as described above, has not filed document on the bulletin board at the that establish the party’s claim of exi­ a pleading on or before the time per­ office of the mine affected and by publi­ gent circumstances warranting expedi­ mitted for the filing of a responsive cation in the F ed era l R e g is t e r . tion. Service of such motions, where pleading, that person shall no longer be (b) Documents by which any proceed­ possible, shall be by personal delivery considered a party to the proceeding un­ ing is initiated shall be served on each to all parties; otherwise, service shall be less otherwise ordered by the Examiner other party personally or by registered by telegraphic communication followed or the Board. Such person shall not or certified mail, return receipt re­ by registered or certified mail. Upon fil­ thereafter be entitled to participate as quested. All subsequent documents may ing of a motion to expedite, the Office of a party in such proceedings and shall not be served personally or by first-class mail. Hearings and Appeals shall promptly thereafter be entitled to personal service Service by mail is complete upon mailing. present the motion to the Examiner as­ of further pleadings or documents in the (c) Whenever a party is represented signed to the proceeding, or where no proceeding* unless the Examiner of the by an attorney who has signed any docu­ assignment has been made, shall Board for good cause shown permits such ment filed on behalf of such party or promptly assign the proceeding to an Ex­ person to intervene in the proceeding. otherwise entered an appearance on be­ aminer and present the motion to him. half of such party, -service thereafter § 4.508 Filing and form of documents. The Examiner shall promptly review the shall be made upon the attorney. motion and, if lie deems appropriate, may (a) W here to file. All initial pleadings (d) Any party initiating a proceeding advance the motion on his calendar and or documents in a proceeding described under these rules shall file proof or serv­ order such expedition of the proceeding, in these rules shall be filed with the ice in the form of a return receipt where including expedited schedules for plead­ Office of Hearings and Appeals, 4015 service is by registered or certified mail, ings, prehearing conference and a hear­ Wilson Boulevard, Arlington, VA 22203. an acknowledgment by the party served, ing, as he deems appropriate. Provided: Where a proceeding has been assigned or a verified return where service is made A hearing on the merits of the case shall to an Examiner, the parties will be noti­ personally. A certificate of service shall not be scheduled with less than 5 days’ fied of the name and address of the E x­ accompany all other documents filed by notice to the parties unless all parties aminer assigned to the case and there­ a party in any proceeding. to the proceeding consent to an earlier after all further documents shall be filed § 4.510 Motions. hearing. with the Examiner, Office of Hearings (b) Before the Board. A party taking Each motion filed with the Examiner and Appeals a t the address designated. an appeal to the Board may move the or the Board during the pendency of any Any person not notified of the Exami­ Board to expedite the appeal. Such mo­ proceeding shall be in writing and shall ner’s address should file pleadings at the tion shall be in writing and specifically address of the Office of Hearings and contain a short and plain statement of state the grounds for requesting ex­ the grounds upon which it is based. A Appeals. If the case is before the Board, pedited proceedings. The Board shall statement in opposition to the motion all further pleadings should be filed with promptly review such motion, including may be filed by any party within 10 days the Board of Mine Operations Appeals, any opposing papers, and may, if it after the date of service. Unless requested 4015 Wilson Boulevard, Arlington, VA deems appropriate, advance the appeal by the Examiner or the Board, oral argu­ 22203. on its calendar and order such other ex­ (b) Number of copies. Except as other­ ment on motions will not be permitted. pedition as it deems appropriate, includ­ wise provided in "these rules, a party shall The Examiner or the Board may permit ing an abbreviated schedule for briefing oral motions during the course of furnish an original and two copies of all or, oral argument. pleadings, briefs, petitions, applications proceedings. § 4.515 Waiver of hearing and initial and other documents required of per­ § 4 .5 1 1 Consolidation of proceedings. mitted to be filed. decision by Examiner. The Examiner or the Board may at any

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 PROPOSED RULE MAKING 5797

§ 4.516 Applicability of general rules. the operator of the mine affected by the (b) A copy of the order or notice Reference should be made to the Gen­ order, on such operator. On the day of sought to be reviewed shall be attached service and for a period of 10 days there­ eral Rules of Practice of the Office of to any Application for Review. Hearings and Appeals contained in sub­ after, the operator shall post the petition on the bulletin board of the Office of the § 4.533 Review of subsequent order or part B of Part 4. All General Rules are mine in accordance with section 107(a) notice. binding and applicable to all Examiner of the Act. (a) An applicant in a proceeding and Board proceedings under the Act. Where conflict exists between a rule con­ (b) Interested persons desiring to par­ under these rules shall file, within 5 days ticipate in the hearing, shall within 10 of receipt thereof, any subsequent order tained herein and a general rule, the rule days of first posting of the application, or notice which modifies or extends the in this subpart shall govern. file with the Office of Hearings and Ap­ order or notice sought to be reviewed and Investigations P u r su a n t to S e c t io n peals a Petition to Intervene. The peti­ any subsequent order or notice which 104(h) o p t h e A ct tion shall comply with the applicable relates to the violation charged in the, § 4.520 How initiated. general requirements and shall contain order or notice sought to be reviewed. a short and plain statement of: (1) The The Application for Review, unless with­ Investigation pursuant to section petitioner’s claimed interest in the mat­ drawn by the applicant, shall be deemed 104(h) of the Act shall be initiated when­ ter; and (2) the action which petitioner to challenge any such subsequent order ever the Bureau files with the Office of contends should be taken with respect or notice. Where clarification of the ap­ Hearings and Appeals the notice provided to the application and the reasons there­ plicant’s position is deemed desirable, in section 104(h) (1) of the Act. Such no­ for. Failure to file such petition within the Examiner or the Board may require tice and findings shall be served by the 10 days may be grounds for limiting or the applicant to file a new or amended Bureau on the operator of the affected denying such person’s participation in application. mine and on any representative of miners the hearing. (b) An operator or a representative at such mine. of miners, when not the applicant in a R e v i e w o f O rd ers and N o t ic es §4.521 Participation by in te re ste d pending proceeding for review of a with­ parties. § 4.530 Initiation of proceedings. drawal order or notice of violation, may (a) How initiated. Proceedings for the apply for review of a notice or order (a) The operator of the mine affected which modifies or extends the notice or and the authorized representative of review of a withdrawal order, a modifi­ cation or termination thereof, or a notice order then being reviewed or of a notice miners shall have 30 days from service or order which relates to the violation to answer the 104(h) notice and present of violation shall be initiated by filing an Application for Review. charged in the notice or order then being any information relating to that notice reviewed by filing an Application for Re­ (b) Who may file. An Application for and request a public hearing. view in such pending proceeding within Review may be filed by the operator of (b) . (1) Any interested person desir­ the time prescribed by § 4.530(c). ing to request a public hearing or other­ the mine affected by the order or notice wise participate in the 104(h) proceeding sought to be reviewed or by a represent­ A s s e s s m e n t o f C iv il P e n a l t ie s shall within 30 days of posting of the ative of miners employed at such mine. § 4.540 How initiated. 104(h) notice in accordance with section (c) Time for filing. An Application for 107(a) of the Act file with the Office of Review shall be filed within 30 days of (a) Where an operator, a miner or a Hearings and Appeals a Petition to In­ receipt by the applicant of the order or director, officer or agent of a corporate tervene and serve a copy of the petition notice sought to be reviewed or within operator has requested formal adjudica­ on the Bureau, the operator and any 30 days of receipt of any modification tion of a civil penalty assessment pur­ representative of miners at the affected or termination of an order where review suant to § 100.4 (i) of Title 30, proceed­ mine. is sought of the modification or termina­ ings for the assessment of a civil penalty shall be initiated by the Bureau by filing (2) The Petition to Intervene shall tion. A copy of the Application for Re­ view shall be served upon the represent­ a Petition to Assess Penalty with the comply with the applicable requirements Office of Hearings and Appeals. and shall contain a short and plain state­ ative of the miners (or the operator, as the case may be), and the Associate (b) Any notice or order previously ment of: (i) The petitioner’s claimed issued pursuant to the Act with respect interest in the m atter; (ii) the peti­ Solicitor. (d) Effect of failure to file. An oper­ to the violation for which the penalty is tioner’s position with respect to each of sought to be assessed shall accompany the findings set forth in the notice;, (iii) ator’s failure to file an Application for Review of a withdrawal order or notice the petition. a request for public hearing where de­ (c) Where appropriate, the Examiner sired; and (iv) the action which peti­ of violation shall not preclude the oper­ ator from challenging the fact of viola­ or the Board shall consolidate penalty tioner contends should be taken as a proceedings with other proceedings de­ result of the notice. tion or raising any other pertinent matter in any other proceeding initiated scribed herein. (Ç) Participation in the investigai under these rules. by interested- parties, including the § 4.541 Contest of penalty. erator of the mine affected and any § 4.531 Answer. A party against whom a penalty is thorized representative of miners, i The Bureau and any party desiring to sought shall file an Answer within 15 be denied or limited for failure to file participate in the proceeding in opposi­ days of service of the petition. answer or petition to intervene wit tion to the Application for Review shall § 4.542 Contents of answer to penalty the time herein provided. file an answer within 15 days of service- assessment. § 4.522 Application for hearing on of such Application for Review. An answer shall comply with appli­ abatement. § 4.532 Contents of application and cable requirements of subpart A hereof ^ (1) Where pursuant to section 104 answer. and shall contain a short and plain state­ . h) (2) of the Act an order has been (a) An Application for Review and an ment of the party’s position with respect issued requiring an operator to withdraw answer shall comply with applicable gen­ to each issue of law or fact which the Persons from any part of a mine, any eral requirements and shall contain: party contends is pertinent to the ques­ interested person (whether or not such (1) A short and plain statement of (i) tion of whether a penalty should be Person has previously participated in the such party’s position with respect to each investigation) may file an application for issue of law or fact which the party con­ assessed against such party, including kffirfnf on the issue of whether the tends is pertinent to the legality or cor­ whether a violation occurred, and the .„ ikons upon which such order was rectness of the order or notice; (ii) and amount of such penalty. based have been abated. the relief requested by such party; § 4.543 Burden of proof. aPPlicant shall serve the ap- (2) A statement of whether the party in Cfu10^ on any Party who participated submitting the document requests a pub­ (a) The Bureau shall have the burden tha ^investigation which resulted in lic hearing or waives it either as provided of initiating all proceedings for the as­ order, and if the applicant is not in § 4.516 or § 4.588. sessment of penalties by the filing of a

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 5798 PROPOSED RULE MAKING

Petition to Assess Penalty and of intro­ the application of more than one safety (1) A statement of the period for ducing therein evidence sufficient to per­ standard, and shall not include a request which compensation is claimed; mit the Examiner or the Board to de­ for any relief other than modification of (2) The total amount of the com­ termine the fact of violation and the the application of a safety standard. pensation claimed to be due; amount of penalty. However, a petition for modification may (3) An allegation that a demand for (b) Where a party fails to contest the be filed on behalf of more than one compensation has been made on the op­ assessment of a penalty, within 15 days, mine. erator and that such demand has not it will be deemed a waiver of evidentiary § 4.552 Procedure. been satisfied; and hearing and the Examiner will find facts (4) A copy of any pertinent order of and assess the penalty based upon the (a) Promptly upon receipt of such withdrawal, or information to sufficiently written record of the case. The Ex­ petition for modification, the Office of identify any such order. aminer may assume for purposes of the Hearings and Appeals will give notice (b) An application for review of dis­ assessment of an uncontested penalty: of the petition to each known representa­ charge or acts of discrimination shall be (1) The truth of each allegation con­ tive of miners or the operator of the supported by an affidavit of a person with tained in any Petition to Assess Penalty affected mine as appropriate and shall knowledge of the facts surrounding the served on such party, (2) the legal va­ publish notice of the petition in the F ed ­ alleged discharge or acts of discrimina­ lidity of any withdrawal order or notice er a l R e g is t e r . All interested parties in­ tion: and a statement of the relief of violation on which the penalty against cluding a representative of miners or an requested. such party is sought to be based, and (3) operator shall have 30 days from the date § 4.563 Answer. the truth of any fact alleged in such order of publication of notice in the F ed era l or notice. R e g is t e r to answer the petition or other­ Within 15 days after the date of serv­ wise comment or provide information. § 4.544 Assessment of penalty. ice of such application, the operator (b) Such notice shall contain a state­ shall file an answer which shall respond (a) Where, after opportunity for hear­ ment that the petition has been filed, to each allegation of the application. ing and consideration of the record as shall identify the petitioner and the a whole including the size of the busi­ mine or mines to which the petition re­ A p p l ic a t io n fo r T e m po r a r y R e l ie f ness of the operator charged, whether lates, shall cite the section of the Act for § 4.570 Procedure. which modification of application is the operator was negligent, the effect on (a) An Application for Temporary sought, shall summarize the facts the operator’s ability to continue in busi­ Relief may be filed at any time prior to ness, the gravity of the violation and the claimed by petitioner to warrant a modi­ final decision by an Examiner or the fication and shall provide an opportunity demonstrated good faith of the operator Board in the m atter to which the appli­ charged in attempting to achieve rapid for all interested parties to request a cation relates. The application shall be compliance after notification of viola­ hearing and to present commentary or addressed to the Examiner if the pro­ tion, the Examiner or the Board finds information relating to the proposed ceeding is then pending before an Ex-, that a violation of a mandatory health modification within 30 days of the date aminer, and shall be made to the Board or safety standard or any other provision of publication of the notice. if the proceeding is then pending before in the Act has occurred, he or they shall A p p l ic a t io n f o r C ompensation or fo r the Board. determine the amount of penalty which R e v i e w o f D isc h a r g e o r A c t s o f D i s ­ (b) All parties to the proceeding in is warranted and incorporate in the deci­ crimination u n d er S e c t io n 1 1 0 o f which the application is filed shall have sion concerning the violation an order t h e A ct 3 days from the date of the applica­ requiring that the penalty be paid. tion to file a written response to the (b) Where the Board, upon review of § 4.560 Who may file. application. the record and decision of an Examiner An application for compensation or in a penalty proceeding, modifies the (c) At the discretion of the Examiner for review of an alleged discharge or act or the Board, oral argument shall be held amount of penalty, it shall issue an order of discrimination may be initiated by a requiring the modified amount to be paid. at the request of any party or at the miner who has been idled by an order request of the Examiner or the Board. of withdrawal, by a miner who believes P e t it io n s f o r M odification o f A p p l ic a - (d) Where the application is before .t io n o f M an datory S a f e t y S tandards that he should have been withdrawn, by a miner who believes that he has been the Board, it may order a special hearing to be held before an Examiner on any § 4.550 Who may file. discharged or otherwise discriminated A petition under section 301(c) of the against by reason of invoking his rights, issues raised by the application. Act for modification of the application testifying, or awaiting to testify under § 4.571 Contents of application. of a mandatory safety standard may be the Act, by a representative of miners (a) An Application for Temporary filed by the operator of the affected mine who believes that he has been discharged Relief shall comply with the applicable or any representative of the miners at or otherwise discriminated against by general requirements and shall contain: such mine. reason of invoking his rights, the rights (1) a statement of the specific relief of the miners he is authorized to repre­ § 4.551 Form of petition. requested, (2) a showing of substantial sent, testifying or awaiting to testify likelihood that the findings and decision (a) A Petition for Modification shall under the Act. Such applications may be comply with the applicable general re­ of the Examiner or the Board in the brought on behalf of a miner or miners matters to which the application relates quirements and shall contain a detailed by an authorized representative of statement showing the following: will be favorable to the applicant; (3) a miners. showing that the applicant will suffer (1) The mandatory standard to which § 4.561 When to file. substantial and irreparable injury if the petition is directed. An application to review a discharge temporary relief is not granted; and (4) (2) The alternate standard the peti­ or act of discrimination shall be filed a showing that such relief will not ad­ tioner proposes to establish in lieu of the versely affect the health and safety of mandatory standard. within 30 days after such discharge or act of discrimination occurs. An applica­ miners in the affected mine. (3) That the alternate standard will tion for compensation shall be filed (b) An Application for T em p orary at all times guarantee no less than the within 45 days after the date of issuance Relief may be supported by affidavits or same measure of protection afforded the of the withdrawal order which gives rise other evidentiary matter. miners at the affected mine by the man­ to the claim. datory standard or that the application § 4.572 Limitations. of the mandatory standard will result § 4.562 Contents of application. (a) Temporary relief shall not be in diminution of safety to miners in the (a) An application for compensation granted by the Examiner or the Board affected mine (or specific area thereof). shall comply with the applicable gen­ except in extraordinary cases and upon (b) A Petition for Modification shall eral requirements and shall state or a clear and convincing showing that the not include a request for modification of include: applicant is entitled to such relief.

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 PROPOSED RULE MAKING 5799

(b) Temporary relief shall not be held, and the matters of fact and law parties file timely waivers, a hearing will granted with respect to any order issued asserted shall be given, at least 5 days be initiated. Such waiver must be un­ under section 104(a) of the Act or with prior to the date set for hearing, to all equivocal and request the Examiner to respect to any notice of violation issued persons made parties to the proceeding decide the m atter at issue on the plead­ under sections 104 (b ro r (i) of the Act. by section 4.507 of these rules. ings and written record of the case in- eluding any stipulation the parties might H ear in gs § 4.584 Depositions. enter. § 4.580 Hearings to be conducted by (a) When permitted. The Examiner Examiners. may, for good cause shown, order the § 4.589 Evidence. All hearings shall be presided over by taking of testimony of any person by (a) Any relevant evidence may be re­ an Examiner appointed under section deposition upon oral examination or ceived at the discretion of the Examiner. 3105 of title 5 of the United States Code. written interrogatories for use as evi­ The Examiner may exclude evidence dence or for the purpose of discovery. which is unreliable or unduly repetitious. § 4.581 Assignment of Examiners. (b) Order on depositions. Unless other­ (b) A party shall have the right to In any proceeding under the Act wise stipulated by the parties, the time, present his case or defense by oral or which requires an initial or recom­ place and manner of taking depositions documentary evidence, to submit rebuttal mended decision by an Examiner or ishall be governed by the order of the evidence, and to conduct such cross- where the Board remands a matter for Examiner. examination as may be required for a full disclosure of the facts. hearing, an Examiner will be assigned. § 4.585 Interrogatories and production All subsequent motions, applications, and of documents. § 4.590 Summary decision of Examiner. other papers thereafter filed in the pro­ (a) Any party may serve written in­ (a) Filing. At any time after com­ ceeding shall be filed with the Examiner terrogatories or a request for admission mencement'of a proceeding and before assigned to the proceeding at the af facts upon another party to a pro­ the scheduling of a hearing on the mer­ address specified until his jurisdiction ceeding brought under these rules. its, a party to the proceeding may move terminates. (b) A party served with written in­ the Examiner to render summary deci­ § 4.582 Powers of Hearing Examiners. terrogatories shall answer such inter­ sion disposing of all or part of the proceeding. (a) Subject to the regulations of this rogatories within 15 days of service subpart, an Examiner may: unless the proponent of the interroga­ (b) Grounds. A motion for summary (1) Administer oaths and affirma­ tories agrees to a longer time or unless decision shall be granted only if the en­ tions; the Examiner by order specifies a dif­ tire record, including the pleadings, dep­ ferent time or excuses the party from ositions, answers to interrogatories, ad­ (2) Issue subpoenas authorized by 1 law; answering on good cause shown. missions and affidavits, shows ( ) that (c) For good cause shown, the E x­ there is no genuine issue as to any mate­ (3) Rule on offers of proof and receive 2 relevant evidence; aminer may order a party to produce rial fact and ( ) that the moving party and permit inspection and copying or is entitled to summary decision as a mat­ (4) Take depositions or have deposi­ ter of law. tions taken when the ends of justice photographing of designated documents would be served; relevant to the proceeding. (c) Form of motion and affidavits. The Motion may be supported by affidavits (5) Regulate the course tof the § 4.586 Subpoenas, witness fees. hearing; or other verified documents, and shall (6) Hold conferences for the settle­ (a) On written application of a party specify the grounds showing the party’s ment or simplification of the issues; or on his own motion, the Examiner may right to the relief sought. Supporting (7) Dispose of procedural requests or issue subpoenas requiring the attendance and opposing affidavits shall be made on similar matters; of witnesses and the production of rele­ personal knowledge, shall show affirma­ (8) Make or recommend decisions in vant papers, books and documents in tively that the affiant is competent to accordance with section 557 of title 5 of their possession and under their control. testify to the matters stated therein. the United States Code; A subpoena may be served by any person Sworn or certified copies of all papers (9) Take other action authorized by who is not a party and is not less than or parts thereof referred to in an affi­ this part, by section 556 of title 5 of the 18 years of age and the original subpoena davit shall be attached thereto or be United States Code, or by. the Act. bearing a certificate of service shall be incorporated if not otherwise a matter (b) The Examiner may direct the par­ filed with the Examiner. A witness may of record. The Examiner may permit af­ ties to appear for a prehearing confer­ be required to attend a deposition or fidavits to be supplemented or opposed ence to consider; hearing at a place not more than 10 0 by testimony, depositions, answers to in­ (1) The simplification of the issues; miles from the place of service. terrogatories, admissions or further affi­ davits. When a motion for summary ! (2) The possibility of obtaining stipu­ (b) Witnesses subpoenaed by any party decision is made and supported as pro­ lations, admissions of fact and of pro- shall be paid the same fees and mileage vided in this rule, an adverse party may jducing documents which will avoid un­ as are paid for like attendance in the inecessary proof; District Courts of the United States. Hie not rest upon the mere allegations or witness fees and mileage shall be paid denials of his pleadings, but his response, ■ (3) The possibility of agreement dis­ by affidavits or as otherwise provided in posing of all or any of the issues in by the party at whose instance the wit­ dispute; ness appears. this rule, must set forth specific facts showing that there is a genuine issue ,, Such other matters as may aid in § 4.387 Burden of proof. for hearing. If he does not so respond, the disposition of the case. Except as otherwise provided in these summary decision, if appropriate, shall (0 The Examiner’s authority in each ¡rules, the burden of proof shall be on be entered against him, case shall terminate upon the filing of an the applicant for relief. appeal from an initial decision or other (d) Case not fully adjudicated on mo­ order dispositive of the proceeding or § 4.588 Waiver of evidentiary presenta­ tion. If a motion for summary decision is denied in whole or in part, and the upon the expiration of the period within tion. Examiner determines that an evidenti­ which an appeal to the Board may be Any party who desires to submit writ­ ary hearing of the case is necessary, he mea or upon an order of the Board di- ten pleadings, comments or information shall, if practicable, and upon examina­ ecung that the proceeding be reviewed in lieu of an evidentiary presentation by the Board. tion of all relevant documents and evi­ may submit such documents for the Ex­ dence before him, and upon interrogat­ § 4.583 Notice of hearings; appearances. aminer’s consideration in the matter. ing counsel or the parties, ascertain what Within the time permitted for filing all Written notice of time, place, nature material facts are actually and in good responsive pleadings parties entitled to faith controverted. He shall thereupon o nearing, the legal authority and juris- an evidentiary hearing may waive such make an order specifying the facts that ction under which the hearing is to be right in writing, but unless all entitled appear without substantial controversy,

FEDERAL REGISTER, V O L 36, NO. 60— SATURDAY, MARCH 27, 1971 No. eo-----5 5800 PROPOSED RULE MAKING and direct such further proceedings as peals. Copies of a Notice of Appeal shall (e) Decision and remand. Upon affirm­ deemed appropriate. be served on all parties to the proceed­ ance, reversal or modification of the Ex­ § 4.591 Certification of interlocutory ing in accordance with section 4.510 of aminer's interlocutory ruling or order ruling. this part. the jurisdiction of the Board shall termi­ § 4.601 Briefs. nate, and the case will be promptly re­ In making a ruling not otherwise ap­ manded to the Examiner for further pealable under these rules, the Examiner (a) Appellant’s brief. Within 20 days proceedings. shall at the request of a party or may after filing the Notice of Appeal, appel­ § 4.603 Remand. on his own motion certify his ruling it lant shall file his brief and serve copies he determines that such ruling involves on all other parties to the proceeding. Where any m atter is before the Board, a controlling question of law and that When a party who has filed a notice of the Board may issue an order remanding an immediate appeal therefrom may appeal fails to file a timely brief, or if the proceeding for further hearing in ac­ materially advance the ultimate dispo­ the Notice of Appeal and the brief are cordance with such order. sition of the matter before him. An inter­ not served upon all parties to the pro­ § 4.604 Reconsideration. locutory appeal will not lie from an ceeding within the time required, the Examiner’s denial of a request to certify appeal shall be subject to summary dis­ Unless the Board orders otherwise, the an issue to the Board except for abuse missal. Appellant’s brief shall set forth filing of a petition for reconsideration of discretion. in detail the objections to the initial shall not stay the effect of any decision or order and shall not affect the finality § 4.592 Proposed findings, conclusions decision, the reasons for such objec­ of any decision or order for purposes of and orders. tions and the relief requested. Any error contained in the initial decision that is judicial review. The Examiner may require the submis­ not objected to may be deemed by the § 4.605 Final decisions. sion of proposed findings of fact, conclu­ Board to have been waived. Where any sions of law, and orders, together with objection is based upon evidence of rec­ Final décisions of the Board shall be a supporting brief. Such proposals shall ord, such objection need not be con­ rendered as promptly as practicable con­ be served upon all parties, and shall con­ sidered by the Board if specific record- sistent with adequate consideration of tain adequate references to the record citations to the pertinent evidence are the issues involved. The Board may and authorities relied upon. not contained in appellant’s brief. adopt, modify or set aside any finding, conclusion or order of the Examiner. § 4.593 Initial decision. (b) Appellee’s brief. Within 15 days [PR Doc.71-4274 Piled 3-26-71;8:50 am] As soon as practicable after conclu­ after service of appellant’s brief, any sion of the hearing, the Examiner shall other party to the proceeding may file render an initial decision. The initial a brief in opposition thereto as an decision shall be in writing and shall in­ appellee. clude a statement of (a) findings and (c) Number of copies. Five copies of DEPARTMENT OF AGRICULTURE conclusions and the reasons or basis each brief shall be filed with the Board Consumer and Marketing Service therefore on the material issues of fact, and two copies served on each party. law or discretion presented on the rec­ Copies of briefs shall be legibly type­ [ 7 CFR Part 42 1 ord and (b) the appropriate ruling, or written (double-spaced), printed or duplicated. STANDARDS FOR CONDITION OF order, or denial of relief with the effec­ FOOD CONTAINERS tive date. All initial or recommended (d) Length of brief. Except by per­ decisions of the Examiner shall be served mission of the Board, appellant’s brief Notice of Proposed Rule Making on all parties to the proceeding and the may not exceed 50 pages and appellee’s brief may not exceed 25 pages. Notice is hereby given that the U.S. Board promptly upon issuance. Department of Agriculture is considering § 4.594 Effect of initial decision. § 4.602 Interlocutory appeals. amendments to the U.S. Standards For An initial decision shall become final (a) Requests for permission. Inter- Condition of Food Containers, under au­ upon the expiration of 30 days of its is­ luctory appeals from rulings and orders thority contained in the* Agricultural suance unless an appeal to the Board is of an Examiner may be filed only after Marketing Act of 1946, as amended (7. filed within the time allowed or the Board permission is granted by the Board. The U.S.C. 1621-1627). determines within 30 days of the decision Board shall not entertain a request un­ Statement of considerations. The to review such decision on its own ini­ less a party has first sought certification amendments are being proposed to more tiative. The timely filing of an appeal of the ruling by the Examiner pursuant clearly state the purpose and use of the or a review by the Board on its own to § 4.591. Any request for permission standard and to provide for broader ap­ motion with notice to the parties shall from the Board shall be in writing, not plication of the standard. Certain defini­ stay the effect of the initial decision. to exceed 10 pages in length, shall be tions would be changed for the sake of However, when the publics interest re­ granted only from rulings and orders of clarity. Other sections dealing with quires, the Board may modify the effec­ the Examiner on legal issues, and only sampling plans, classifying defects and tive decision date of an initial decision. in such oases where the issue affects sub­ the application of switching rules would stantial rights and is a controlling ques­ also be changed for clarification. The § 4.595 Certification of record. tion of law which will materially ad­ purpose and scope section would be re­ Within 5 days after an initial decision vance the final disposition of the case. written to delete superfluous wording. has been rendered, the Examiner shall (b) Briefs. Unless the Board directs Superfluous wording would be deleted certify the official record of the proceed­ otherwise, a brief shall be filed by each from titles in Tables I, IA, II, UA, ni, ings including all exhibits and order the party permitted by the Board to take and n iA . Provision would be made for official record filed in the Office of Hear­ an interlocutory appeal within 5 days appeal inspections, and a new Code would ings and Appeals. Notice of certification after notice of such permission. Within be added to Table IH for an additional shall be served on all parties to the pro­ 5 days after service of any appellant’s step irom lot sizes over 36,000 to be con­ ceedings and the Board. brief, any other party to the proceeding sistent with Tables I and II. The new may file a brief as appellee. Code provides for a single plan of nc—oi0 A p p e a l s to t h e B oard (c) Effect. An interlocutory appeal at the reduced level. Appropriate addi- § 4.600 Notice of appeal. shall not operate to suspend the hearing Any party may appeal from an Exam­ unless otherwise ordered by the Board or iner’s order or from the initial decision the Examiner, curves listed in the standard. by filing with the Board a notice of ap­ (d) Jurisdiction. If an interlocutory In the tables for defects of containers, appeal is permitted,, the Board’s jurisdic­ 20 the following changes would be made. peal within days after service of the tion shall be confined to review of the order or initial decision. Two or more ruling or order to the Examiner on the Table IV—a new defect (minor) for parties may join in the same appeal; legal issue raised by the appeal, and “Wet containers (excluding refrigerated the Board may consolidate related ap­ shall not extend to any other issues. containers)” would be added.

FEDERAL REGISTER, VdL. 36, NO. 60— SATURDAY, MARCH 27, 1971 PROPOSED RULE MAKING 5801

Table VI—a new defect (m ajor) would Shipping case. The container in which container would be present. As an be added for "Component part missing.” the product or primary containers of the example of related defects, a can may “Closure not sealed, crimped, or fitted product are placed to protect, preserve, be a leaker and the exterior may also be properly" would be revised to provide for and maintain the condition of the prod­ seriously rusted due to the leakage of “major defect” on a primary container uct during transit or storage. The ship­ the contents. In this case, the container and “minor defect” on other than a pri­ ping case may include strapping, liners is scored only once for these two defects mary container. The category for “Flap” or other protective material. since the rust condition can be attributed would be changed to provide (minor) * * » * * * to the leak. Score the container accord­ defects for (a) “Projects beyond edge of 2. Paragraph (a) of § 42.103 would be ing to whichever condition is the most container more than XU inch,” and (b) amended to read: serious. In this example, score as a “Does not meet properly, allowing space “leaker” (a critical defect) and not as of more than % inch.” § 42.103 Purpose and scope. “pitted rust” (a major defect). Table VIE “Closure not sealed, crimped, (a) This subpart outlines the proce­ ***** stitched, or fitted properly” would be re­ dure to be used to establish the condi­ § 42.107 [Amended] vised to provide for “major defect” on a tion of containers in lots of packaged primary container and “minor defect” on foods. This subpart shall be used to de­ 6 . In paragraphs (a) and (c) of other than a primary container. “Tom termine the acceptability of a lot based § 42.107, the titles “Acceptance and re­ container” would be revised to provide on specified acceptable quality levels jection numbers” and “Acceptance or for “minor defect” not affecting usability, and defects referenced in § 42.104 or any rejection,” respectively, would be deleted. “major defect” when the usability is alternative plan which is approved by 7. In §42.108, subparagraph (d)(1) affected. Several other minor changes the Administrator. In addition, any other (iii) would be deleted and paragraph (d ), would be made solely for clarification. sampling plan in the tables with a larger the introductory text in subparagraph All persons who desire to submit writ­ first sample size than that indicated by (d) (1), subparagraph (d) (4), and para­ ten data, views, or comments in connec­ the lot size range may be specified when graph (e) would be amended and a new tion with this proposal shall file the same approved by the Administrator. This sub­ paragraph (f) would be added to read, in duplicate with the Hearing Clerk, U.S. part or approved alternative plan will respectively: Department of Agriculture, Room 112, be applied when a Government agency or § 42.108 Normal, tightened, or reduced Administration Building, Washington, private user of the C&MS inspection or inspection. DC 20250, no later than May 24, 1971. grading services requests that filled pri­ ***** All written submissions made pursuant mary containers or shipping cases, or (d) Switching rules: The normal in­ to this notice will be made available both, be certified for condition. Unless spection procedure shall be followed ex­ for public inspection at the Office of the request for certification specifically cept when conditions in subparagraph the Hearing Clerk during regular busi­ asks that only the primary container or (1) or (3) of this paragraph are appli­ ness hours (7 CFR 1.27(b)). only the shipping case be examined, both cable or unless otherwise specified. Appli­ containers will be examined. The proposed' amendments are as cation of the following switching rules follows: * * * * * will be restricted to the inspection of 1. In § 42.102, the following defini­ 3. Paragraph (a) of § 42.104 would be lots for one applicant at a single location tions would be amended to read: amended to read: (plant, warehouse, etc.), and will be § 42.102 Definitions, general. § 42.104 Sampling plans and defects. based upon records of original inspec­ tions of lots (excluding resubmitted lots) ***** (a) Sampling plans. Sections 42.109 at that same location. Lot. A collection of filled food contain­ through 42.111 show the number of con­ (1 ) Normal inspection to reduced in­ ers of the same size, type, and style. The tainers to examine for condition in rela­ spection. When normal inspection is in term shall mean “inspection lot,” i.e., a tion to lot size ranges. The tables provide effect, reduced inspection shall be insti­ collection of units of product from which acceptance (Ac) and rejection (Re) tuted providing that reduced inspection a sample is to be drawn and inspected numbers for lot acceptance (or rejection) is considered desirable by the Adminis­ to determine conformance with the ap­ based on the number, class, and type of trator and further provided that all of plicable acceptance criteria. An inspec­ defects present in the sample. the following conditions are satisfied for tion lot may differ from a collection of ***** each class of defect: units designated as a lot for other pur­ 4. Subparagraphs (a) (5) and (c) (2) of ***** poses (e.g., production lot, shipping lot, etc.). § 42.105 would be amended to read, (4) Tightened inspection to normal respectively: inspection. When tightened inspection is Operating Characteristic curve ((OC) § 42.105 Basis for selection of sample. in effect, normal inspection shall be re­ curve). A curve that gives the probabil­ instituted when five consecutive inspec­ ity of acceptance as a function of a spe- (a) Identification of lot. * * * tion lots have been considered acceptable cinc lot quality level. I t shows the dis­ (5) The inspection status (normal,on original inspection. criminatory power of a sampling plan, tightened, or reduced)'. (e) When the rules require a switch —•» how the probability of accepting a ***/** lot varies with the quality of the con- in the inspection status because of one tamers offered for inspection. (c) Sample size. * * * or more classes of defects, all classes of (2) Select the appropriate sample size defects shall be inspected under the new ***** for the corresponding lot size range as inspection criteria. At the option of the Primary container. The immediate indicated in the appropriate column user of the service and when approved container in which the product is pack­ headed “Sample Size.” by the Administrator, such user may elect aged and which serves to protect, pre- * * * * * to remain on normal inspection when erve, and maintain the condition of qualified for reduced inspection, or on me product. It may be metal, glass or 5. Subparagraph (a) Cl) of § 42.106 would be amended to read: tightened inspection when qualified for flber, wood, textile, plastic, paper, or normal inspection. any °ther suitable type of material and § 52.106 Classifying and recording de­ (f) Appeal inspection: may be supplemented by liners, over­ fects. (1) Appeal request. Any interested laps, or other protective materials. (a) Classifying defects. * * * party who is not satisfied with the Random sampling. A process of select- (1) Related defects are defects on a results of a condition inspection on jug a sample from a lot whereby each single container that are related to a packaged food containers, as stated on an official certificate, may request an appeal t in the lot has an equal chance of single cause. If the initial incident caus­ inspection. being chosen. ing one of the defects had not occurred, (2) How to file an appeal. A request for • * * none of the other related defects on the an appeal inspection may be made orally

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 5802 PROPOSED RULE MAKING or in writing. If made orally, written con­ (5) Sampling procedures. The sam­ §'42.109 [Amended] firmation may be required. The applicant pling plan for an appeal inspection shall 8. In § 42.109, Table I, the parentheses shall clearly state the reasons for re­ be the next larger sampling plan from and wording “ (normal inspection)” questing the appeal service and a de­ would be deleted and in Table I A, the scription of the product to be appealed. the plan in the table used in the original inspection. parentheses and wording “(norma] in- (3) When an application for an appeal spection) ” would be deleted and the word 6 inspection may he refused. When it ap­ ( ) Appeal grading certificate. Im ­ “Rejest” below the table would be pears to the official with whom an appeal mediately after an appeal inspection is changed to read “Reject.” request is filed th at: (i) the reasons given completed, an appeal certificate shall be § 42.110 [Amended] in the request are frivolous or not sub­ issued to show that the original inspec­ 9. In § 42.110, Tables II and n A, the stantial, or (ii) the condition of the con­ tion was sustained or was not sustained. tainers has undergone a material change parentheses and wording “ (normal in­ since the original inspection, or (iii) the Such certificate shall supersede any spection) ” and “ (tightened inspection),” original lot is no longer intact, the ap­ previously issued certificate for the in­ respectively, would be deleted. plicant’s request for the appeal inspec­ spection involved and shall clearly iden­ 10. In § 42.111, Table III A, the paren­ tion may be refused. In such case, the tify the number and date of the super­ theses and wording “(reduced inspec­ tion)” would be deleted and Table m applicant shall be promptly notified of seded certificate. The issuance of the ap­ would be amended to read: the reason Cs) for such refusal. peal certificate may be withheld until (4) Who shall perform the appeal. An the previously issued certificate and all § 42.111 Sampling plans for reduced appeal inspection shall be performed by copies have been returned when such condition of container inspection, Tables III and III—A; and limit num­ a person(s) other than the person who action is deemed necessary to protect the ber for reduced inspection, Table made the inspection being appealed. interest of the Government. III—B.

T able III—Sampling Plans foe R educed Condition of Container I nspection

Acceptable quality levels

Lot size ranges—Number Code of containers in lot Type of plan Sample size 0.16 * 0.26 0.50 1.0 1.6 2.6 4 .0 6.6 10.0

A c R e A c R e A c R e A c R e A c R e Ac Re Ac Re Ac Re Ac Re

CAA 6,000 or le ss...... S in g le ...... 29 i 2 1 2 i *2 i 2 i 2 2 3 3 4 4 6 6 6

D o u b le...... 1 s t ...... 18 0 2 0 2 0 2 0 2 0 2 0 3 1 3 1 4 2 6 2d ...... 18

T o ta l___ 36 1 2 J l 2 1 2 1 2 1 2 2 3 4 6 6 6 6 7

CA 6,001-36,000...... Single______84 1 2 1 2 1 2 2 3 3 4 4 6 6 7 9 10 13 14

D ou ble...... 1st...... 36 0 2 0 2 0 2 0 3 0 4 0 4 0 6 2 7 3 9 2 d . . . . 60

T o t a l . . . 96 1 2 1 2 1 2 2 3 3 4 4 6 7 8 10 11 16 16

CB Over 36,000...... - ...... Single...... 168 1 2 1 2 2 3 4 6 6 6 7 8 11 ¥ 16 17 23 24

D o u b l e ...___ 1st...... 120 0 2 0 2 0 3 2 6 2 6 3 7 6 10 10 14 14 19 2d 60

T o ta l___ 180 1 2 1 2 2 3 4 6 6 6 8 9 12 13 17 18 26 26 29 41 42 CO ------— ------Single______— ------—- 316 T 2 2 3 3 4 6 7 8 9 13 14 19 20 28

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 11. T ab les XV, V I, and V II o f § 42.112 w o u ld be a m e n d e d to r e a d , respectively: T able V I—R igid and S emirigid C ontainers—C orrugated or S olid F iberbo a rd , Chipboard, wood, E tc. § 4 2 .1 1 2 D e f e c t s o f containers; T a b le s IV, VI, and VII. (Excluding Glass and Metal) S • * s m * * T a ble IV—Metal Containers Categories D efects Critical Major Minor Categories Defects T y p e or size of contaiher or com ponent p arts n ot as s p e c i f i e d ...... ______None permitted Critical Major Minor Component part missing...... _ ...... ”___1 .1 .1 ” . 101 ...... Closure not sealed, crimped, or fitted properly: T y p e or size of container or com ponent parts not as specified...... N one perm itted (a) Primary container...... 102 ...... Closure incomplete, not located correctly or not sealed, crimped, or fitted properly...... 1 0 1 ...... , ...... (b) Other than primary container...... '...... I.I.M I! ...... 201 Dirty, stained or smeared container______. ______¡ 201 D irty , stained, or sm eared container...... 1___ ...... 202 Key opening metal containers (when required): Wet or damp (excluding ice packs): (a) K e y m issin g .______,...... 102 ...... (a) Materially affecting appearance but not usability______203 (b) K e y does n ot fit ta b ...... 103 I ; ...... (b) Materially affecting usability ...... 108 (c) Tab of opening band Insufficient to provide accessibility to key ...... 104 ...... Moldy area...... „...... 1 (d) Improper scoring (band would not be removed in one continuous strip...... 105 ...... Crushed or tom area: Open top with plastic overcap (when required): (a) Materially affecting appearance but not usability...... 204 (a) Plastic overcap missing...... 1 0 6 ...... (b) Materially affecting u sab ility...... 104 ...... (b) Plastic overcap warped (making opening or reappUcation difficult)...... 107 I ...... Separation of lamination (corrugated fiberboard): Outside tinplate or coating (when required): (a) Materially affecting appearance but not usability ...... 205 (a) Missing or incomplete...... 202 (b) Materially affecting usability...... ______106 ...... (b) Blistered , flaked, sagged, or w r in k le d ...______: ______* 203 Product sifting or leaking...... _____ 106 (c) Scratched or scored...... : ...... v...... 204 Nails or staples (when required): (d) F in e crack s...... 205 (a) Not as required, insufficient number or improperly positioned...... 206 Rust (rust stain confined to the top or bottom double seam or rust that can be re­ (b) Nails or staples protruding...... 107 ...... moved with a soft cloth is not scored a defect): Glue or adhesive (when required); not holding properly, not covering area specified, or (a) R u st stain (nonm ilitary p u rch ases)...... 206 not covering sufficient area to hold properly: (a) Primary container...... 1 0 8 ......

(b) Rust stain (military purchases)...... ’...... _•...... 1 0 8 ...... MAKING RULE PROPOSED (c) P itte d ru st...... 109 ...... (b) Other than primary container...... : ...... 207 Wet cans (excluding refrigerated containers)...... 207 Flap : D en t: ^ * (a) Projects beyond edge of container more than X in ch ...... 208 (a) M aterially affecting appearance b u t n ot u sab ility...... _...... 208 (bl Does not meet properl?-, allowing space of more than X in ch ...... '. . . 209 (b) M aterially affecting u s a b ility ...... ¿____ 1 1 0 ...... Sealing tape or strapping (when required): ’ B u ck le: (a) Missing...... 109 ...... (a) Not involving end seam ...... 209 (b) Improperly placed or applied...... t ...... 210

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 5804 PROPOSED RULE MAKING

T able VII— F lexible Containers (P lastic, Cello, P aper, T extile, etc.)

C ate g o rie s D efects Critical Major Minor

Type or size of container or component parts not as specified______.______None permitted Closure not sealed, crimped, stitched, or fitted properly: (a) P rim ary con tain er...... 1 0 1 ______(b) Other than primary container...... ; ______201 Dirty, stained, or smeared-container.______,...... 202 ■Unmelted gels in p lastic.^ ..____ ... ___ .... ___ ...... ______203 Torn container: . (a) Materially affecting appearance but not usability ______...... I . . 204 (b) M aterially affecting u sa b ility ...... ______1 0 2 ...... Product sifting or leaking...... : ...... :...... _ » .j 1 0 3 ...... —... M o ld y area______...... 1 ...... Ind ivid u al packages sticking together or to shipping case (tear w hen s e p a r a te d )...... 1 0 4 ...... Not fully covering product...... t ______106 ...... Wet or damp (excluding ice packs): (a) Materially affecting apperance but not .usability______205 (b) Materially affecting usability. ______1 0 6 ...... Overwrap (when required): (a) Missing______: ...... 1 0 7 ...... (b) Loose, n ot sealed or closed...... * ______._ 206 (c) Improperly applied ______...... 207 Sealing tape, strapping or adhesives (when required): (a) Missing...... 1 0 8 ___ ...... (b) Improperly placed, applied,.torn, or w rinkled....______208 Tape over bottom and top closures (when required): (a) Not covering stitching ...... ______1 0 9 ...... (b) Torp (exposing stiching)...... 1 1 0 ...... (c) Wrinkled (exposing stitching)...... I l l ...... (d) Not adhering to bag: 1. Exposing stitching...... 1 1 2 ...... 2. Not exposing stitching ...... I t ______: ______209 (e) Improper placement_____ ... ______...... ______; ...... r _____ 21

12. In § 42.115, Reduced and Normal would be amended to read N and R4 Inspection Plans for AQL=0.25 would be whenever they appear, respectively, and; amended by changing the title N5 to read the sampling plan and OC Curves chart N and R5 and OC Curve N5 would be for Reduced and Normal Inspection Plans amended to read N and R5; Reduced and for AQL=0.15 would be amended to Normal Inspection Plans for AQL’s=0.50, read: 1.00,1.50, 2.50, 4.00, 6.50, and 10.00 would § 42.115 Operating Characteristic (OC) be amended by changing the title N4 Curves. to read N and R4 and OC Curves N4 v * * * *

R educed and N ormal I nspection P lans Sampling P lans and Operating Characteristic (O C ) Cu rv es for A Q L = 0.15 D efects p er Hundred Units

(Sampling plans—A Q L=0.15)

Identification number of OC curve sam pling plans R 1 R 2 R 3 R 4 N 4 N 5 N 6 N 7 N8

n„ A c R e lie A c R e n c A c R e n 0 A c R e n c A c R e n 0 A c R e n c A c R e n c A c R e , no Ac Re Single...... 29 i 2 84 i 2 126 0 1 315 i 2 168 i 2 264 1 2 500 2 3 800 3 4 1250 4 5 18 0 2 36 0 2 120 0 2 174 0 2 252 o 3 456 o 4 36 1 2 96 1 2 180 1 2 336 1 2 2 3 864 3 4

FEDERAL REGISTER; ¥ 0 1 . 36, H O . 60— SATURDAY, MARCH 27, 1971 PROPOSED RULE MAKING 5805

OC CURVES - AQL = 0 .1 5 focus on the shipyard as the recipient of construction-differential subsidy as well as the goals of subsidy simplification and reduction of direct government in­ volvement in contract administration re­ flected in the 1970 Act and its back­ ground, has led the Maritime Subsidy Board to develop, after receipt of in- Subsidy Board, Maritime Administra­ tion, Washington, D.C. 20235, by the close of business on April 26, 1971. Dated: March 25, 1971. By order of the Maritime Subsidy Board. J a m es S. D a w so n , J r .,* Secretary. [PR Doc.71-4332 Filed 3-26-Tl;8:53 am] DEPARTMENT OF TRANSPORTATION Coast Guard [4 6 CFR Part 1461 [CGPR 71-22] DIFLUOROMONOCHLOROETHANE IN TANK TRUCKS Notice of Proposed Rule Making The Coast Guard is considering amending the dangerous cargoes regu­ lations to allow the carriage of shipments of difiuoromonochloroethane in motor vehicle tank trucks complying with De­ partment of Transportation regulations aboard trailerships and trainships. Interested persons are invited to sub­ mit written data, views, or comments regarding the proposal to the Comman­ dant (MHM), U.S. Coast Guard, Wash­ ington, D.C. 20591. Communications should identify the notice number, CGPR 71-22, any specific wording recom­ QUALITY OF SUBMITTED LOTS, 100p mended, reasons for any recommended (Defects per b id re d units) change, and the name, address, and or­ ganization, if any, of the commentator. u. S. d e p a r t m e n t o f agriculture NEC, CAMS 119*70 (9) CONSUMER AND MARKETING SERVICE The Coast Guard will hold an informal hearing on Tuesday, May 4,1971, at 9:30 Done at Washington, D.C., this 23d day commerce of the United States. This am . in Conference Room 2230, Depart­ of March 1971. formal industry comment, draft contract ment of Transportation, Nassif Building, G . R . G range, forms for use in the implementation of 400 Seventh Street SW., Washington, Deputy Administrator, the new Maritime Program authorized DC. Interested persons are invited to Marketing Services. by the 1970 Act. Copies of the draft con­ attend the hearing and present oral or written statements on this proposal. (PR Doc,71-4153 Piled 3 -2 6 -7 1 ;8 :4 5 am ] tract forms may be obtained from^the Secretary, Maritime Subsidy Board. * There will be no cross-examination of persons presenting statements. Com­ Pursuant to sections 502 and 504, ments received on or before May 11,1971, Merchant Marine Act, 1936, as amended or at the hearing, will be fully considered department o f co m m erce (46 U.S.C. 1152 and 1154), notice is and evaluated before final action is taken hereby given that the Maritime Subsidy on this proposal. Copies of all written Maritime Administration Board is contemplating the adoption of communications received will be avail­ contract forms, substantially in the form E 46 CFR Ch. II1 able for examination in Room 8306, drafted as aforesaid, for use in the Department of Transportation, Nassif CONTRACT FORMS FOR CONSTRUC­ granting of construction-differential Building, 400 Seventh Street SW., Wash­ TION-DIFFERENTIAL SUBSIDY subsidy to aid in the construction of mer­ ington, DC., both before and after the chant vessels to be used in the foreign closing date for the receipt of comments. Notice of Proposed Rule Making commerce of the United States. Hie proposal contained in this document The Merchant Marine Act, 1936, as While the construction-differential may be changed in the light of the com­ fended (46 U.S.C. 1101, et seq.) as subsidy program is exempt from the re­ ments received. quirements of section 4, Administrative nf ky the Merchant Marine Act In Notice No. 71-9 (Docket No. HM - iv (Public Law 91-469), provides Procedure Act (5 U.S.C. 553), the Board 82) page 5806 of this issue of the invites interested parties to submit anni a !Wpyard °f the United States may F edera l R e g is t e r , the Hazardous Mate­ „jTly tor construction-differential sub- written comments on. the draft contract rials Regulations Board of the Depart­ chnnF in tbe construction of mer- forms for consideration by the Board, ment of Transportation proposes amend­ ut vessels to be used in the foreign in triplicate, to the Secretary, Maritime ments to Parts 172 and 173 of Title 49,

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 5806 PROPOSED RULE MAKING

Code of Federal Regulations relating to In consideration of the foregoing, 49 (A) In § 172.5, paragraph (a), com- the authorization of shipments, of diflu - CFR Parts 172 and 173 would be amended modity list, would be amended as follows: oromonochloroe thane in specification as follows: § 1 7 2 .5 List of hazardous materials. MC 330 and MC 331 cargo tanks, and 105A300W tank-car tanks. For reasons I. Part 172: ^ (a) * * * fully stated in that document, the Board has concluded that satisfactory special . . : Maximum quantity Article ■ Classed. Exemptions and Label required in 1 outside performance during the past 5 years with as— packing (see sec.) if not exempt container by the proposed specification supports the rail express proposal. The proposed amendment of the (Change) hazardous materials regulations of the * * * * * *. * * * *** ■ * * * Department of Transportation in Title Difluoromonochloroethane...... - ____F.G ______173.306,173.304, Red Gas______300 pounds. 49 would make these changes apply to 173.314,173.315. ^ * * * * * * * ♦ * * * * *♦* shippers by water, air, and land, and to carriers by air and land. The adoption ♦ * * * * of the applicable provisions of the pro­ § 173.314 Requirements for compressed posed amendment to Title 46 would make H. Part 173: gases in tank cars. the change apply to carriers by water. (A) In § 173.314, paragraph (c) table * * ♦ * * In consideration of the foregoing, the would be amended as follows: (c) * * * Coast Guard proposes to amend § 146.24- 10 0 to allow the carriage of difluoro- Maximum per­ R equ ired ta n k car, see § 173.31(a) (2) monochloroethane on deck in the open Kind of gas mitted filling and (3) on board trailerships and trainships in density, Note 1' motor vehicle tank trucks that comply with Department of Transportation (Change) Percent regulations. * * * * * * * * * Difluoromonochloroethane Note 13 100______. D O T -106A 500X , 110A500W, Note 7. This proposal is made under authority D OT-105A300W, Note 4. of R.S. 4405, as amended, R.S. 4417a, as * * * * * * ♦ * * amended, R.S. 4462, as amended, R.S. * * * * * * 4472, as amended, sec. 6 (b )(1 ), 80 Stat. § 173.315 Compressed gases in ca rg o 937; 46 U.S.C. 375, 391a, 416, 170, 49 (B) In § 173.315, subparagraphs (a) (1) tanks and portable tank containers. U.S.C. 1655(b) (1) ; 49 CFR 1.46(b). table, (h) (2 ) table, and (i) (2 ) table (a) * * * Dated: March 19,1971. would be amended as follows: ( 1 ) * * *

W . M . B e n k e r t , Captain, U.S. Coast Guard, Act­ Maximum permitted filling density Specification container required ing Chief, Officer of Merchant Percent by weight- Percent by volume T y p e Minimum design Marine Safety. K in d of gas (see N ote 1) (see p ar. (f) of (see N ote 2) pressure (p.s.i.g.) this section) [FR Doc.71-4156 Filed 3-26-71:8:48 am] (Add) * * * * * * * * * * * * * Difluoròmono-chloróethane (see 100______N ote 7 . ______M C 330, M C 331 _ . 100. N ote 9). 0 Hazardous Materials Regulations * * * * * * * * * * * * * * * Board [ 49 CFR Parts 172, 173 ] * * ♦ * * posal. All comments received will be [Docket No. HM-82; Notice No. 71-9] (h) * * * available for examination by interested (2) * * * persons at the Office of the Secretary, TRANSPORTATION OF HAZARDOUS P erm itted Hazardous Materials Regulations Board, MATERIALS Kind of gas gaging both before and after the closing date (Add) device for comments. Difluoromonochloroethane in Tank ♦ * * * * * This proposal is made under the au­ Trucks and Tank Cars Difluorom onocliloroethane------Non© thority of sections 831-835 of title 18, The Hazardous Materials Regulations * ♦ * * * * United States Code, and section 9 of the Board is considering amending §§ 172.5, ♦ * * * * Department of Transportation Act (49 173.314, and 173.315 to provide for the U.S.C. 1657). transportation of difluoromonochloro­ (1) * * * Issued in Washington, D.C., on M arch ethane, a flammable compressed gas, in (2) * * * specifications MC 330 and MC 331 cargo pressure (p.s.i.g.) 19, 1971. tanks, and 105A300W tank car tanks. M inim um W. M. B e n k e r t , This proposal is based on a current Kind of gas start-to- Captain, U.S. Coast Guard, by (A dd) discharge special permit, originally issued over 5 direction of the Commandant, years ago, th at has provided for the * * * * * * U.S. Coast Guard. subject transportation. During this time, Difluorom onochloroethane______100. arl y o n the experience has been satisfactory. Al­ * * * * * * C V . L , Acting Administrator, though the permit requires cargo tanks ***** having a minimum design pressure of 250 Federal Railroad Administration. p.s.i.g., the Board has no objection to Interested persons are invited to give their views on this proposal. Communi­ R o ber t A. K a y e , cargo tanks of 10 0 p.s.i.g. minimum de­ Director, Bureau of Motor Car­ sign. The vapor pressure of the com­ cations should identify the docket num­ ber and be submitted in duplicate to the rier Safety, Federal Highway modity is reported as 75 p.s.i.g. at 115° F. Administration. Records indicate the 250 p.s.i.g. was a re­ Secretary, Hazardous Materials Regula­ sult of the petitioner’s request. The Board tions Board, Department of Transporta­ S am S ch n eid er, notes that a 250 p.s.i.g. design pressure tion, 400 Sixth Street SW., Washington, Board Member, for the cargo tank is a common type tank in DC 20590. Communications received on Federal Aviation Administration. many transportation fleets because of its or before May 11,1971, will be considered [FR Doc.71-4155 Filed 3-26-71:8:45 am ] versatility. before final action is taken on the pro-

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 PROPOSED RULE MAKING 5807

whether the person filing comments FEDERAL COMMUNICATIONS FEDERAL POWER COMMISSION requests a conference at the Federal Power Commission to discuss the pro­ COMMISSION [1 8 CFR Part 141 1 posed form and amendment. In addition, [Docket No. R-415] interested persons wishing to have their [ 47 CFR Part 73 ] comments considered in the clearance of RELIABILITY OF ELECTRIC SERVICE the proposed Weekly Fuel Emergency [Docket No. 19045] Submission of a Weekly Fuel Report Report Forms pursuant to 44 U.S.C. Under Emergency Conditions 3501-3511 may, at the same time, sub­ TELEVISION BROADCAST STATIONS mit a conformed copy of their comments M arch 23, 1971. directly to the Clearance Officer, Office Table of Assignments; Clarksville, Notice is hereby given that, pursuant to of Statistical Policy, Office of Manage­ Tenn.; Order Extending Time for 5 U.S.C. 551, et seq. (1967), and sections ment and Budget, Washington, D.C. 202, 301, 304a, 309, and 311 of the Federal 20503. The Commission will consider all Filing Reply Comments Power Act (49 Stat. 848, 854, 855,858,859; written submittals and responses before 67 Stat. 461; 16 U.S.C. 824a, 825, 825c, acting on the matter herein proposed. In the matter of amendment of 825h, 825j) the Commission proposed to The proposed amendment to Part §73.606, Table of Assignments, Televi­ amend Part 141—Statements and 141— Statements and Reports (Sched­ sion Broadcast Stations. (Clarksville, Reports (Schedules) in Subchapter D— ules) , prescribing new Weekly Fuel Tenn.), Docket No. 19045, RM-1637. Approved Forms, Federal Power Act, Emergency Report Forms Nos. 237A and Chaptfer I, Title 18 of the Code of Federal 1. This proceeding was begun by a no­ 237B, would be issued under the author­ Regulations, by adding a new § 141.59 ity granted the Federal Power Commis­ tice of proposed rule making (FCC 70- prescribing new Weekly Fuel Emergency sion by the Federal Power Act as 1099), adopted October 7,1970, and pub­ Report Forms Nos. 237a (Coal and 237B amended, particularly sections 202, 301, lished in the F ed era l R e g ist er Octo­ (O il)). The Commission proposes to 304a, 309, and 311 (49 Stat. 848, 854, 855, ber 15, 1970 (35 F.R. 16181). The date require all electric utilities or suppliers 858, 859; 67 Stat. 461; 16 U.S.C. 824a, whether investor owned, publicly owned 825, 825c, 825, 825h, 825j). designated for reply comments has ex­ or cooperatively owned to submit the Accordingly, it is proposed to amend pired and reply comments are presently proposed Weekly Fuel Emergency Re­ P art 141—Statements and Reports due on March 12,1971. ports (Forms Nos. 237A and 237B) when­ (Schedules) in Subchapter D—Approved 2. On March 12, 1971 Professional ever the utility, in the proper exercise of Forms, Federal Power Act, Chapter I, due diligence, shall determine that its Telecasting Systems, Inc. (Professional Title 18 of the Code of Federal Regula­ fuel supplies are threatened or fall below tions by adding a new § 141.59 prescrib­ Telecasting), licensee of television Sta­ a level which is necessary to assure reli­ ing new FPC Forms Nos. 237A (Coal) tion WBKO in Bowling Green, Ky., filed ability of service. and 237B (Oil), in the form set out in a request to extend the time for filing The reasons for promulgation of the Attachment A hereto. New § 141.59 will reply comments to and including proposed Weekly Fuel Emergency Report read: Form are: (a) To assure to the greatest March 26, 1971. Professional Telecasting § 141.59 Weekly Fuel Emergency Re­ extent possible an adequate and reliable port, Form No. 237A (Coal) and states that because of the press of other supply of electric power and energy in Form No. 237B (Oil). business and the need to gather addi­ the United States; (b) to assure proper These forms are designed to obtain tional material the additional time is utilization and conservation of natural information on a weekly basis from elec­ resources in the United States; (c) to necessary. Counsel for the rule making tric utilities or suppliers whether in­ promote coordination among govern­ vestor owned, publicly owned or coop­ proponent has consented to the extension mental agencies and electric utilities to eratively owned facing fuel emergencies. requested. solve the problem of fuel supply for elec­ The report must be filed in the first in­ tric generation, if when, and where the 3. It appears that the requested exten­ stance whenever a utility shall deter­ problem arises; (d) to collect in a timely sion is warranted and would serve the mine in the exercise of duel diligence public interest. Accordingly, it is ordered, manner such information on fuel supply that an emergency exists and must be as may be necessary to meet emergencies That the request of Professional Tele­ filed weekly thereafter until the emer­ affecting reliability of electric service in gency terminates. A fuel emergency casting Systems, Inc., is granted to and the United States; and (e) to assist the exists when supplies of fuels for genera­ including March 26, 1971, for reply Commission generally in the proper tion are at a level which threatens pro­ comments. administration of the Federal Power Act. jected operations or reliability of electric 4. This action is taken pursuant to au­ service. Form 237A1 pertains to situa­ Any interested person may submit to tions where coal is the principal fuel. thority found in sections 4(1) and 303 (r) the Federal Power Commission, W ash­ Form 237B1 pertains to oil as a principal of the Communications Act of 1934, as ington, D.C. 20426, not later than April fuel. amended, and § 0.281(d) (8 ) of the Com­ 22, 1971, views and comments in writing The Secretary shall cause prompt mission’s rules. concerning the proposed rulemaking. An publication of this notice to be made in original and 14 conformed copies of such the F ed era l R e g is t e r . Adopted: March 23,1971. comments shall be filed with the Secre­ . By direction of the Commission. Released: March 24,1971. tary of the Commission and shall con­ K e n n e t h F . P l u m b , tain the name, title and mailing address [ seal] F r a n cis R . W a l s h , Acting Secretary. of the person or persons to whom com­ [PR Doc.Tl—4283 Piled 3-26-71;8:50 am] Chief, Broadcast Bureau. munications concerning the proposal [PR Doc.71-4303 Filed 3-26-71;8:52 am] should be addressed; and shall state 1 Filed as part oí the original document.

FEDERAL REGISTER, V O L 36, NO. 60— SATURDAY, MARCH 27, 1971 No. 60------6 5808 Notices

Co., Westinghouse Electric Co., Puget Sound (1) No change. Power & Light Co., Howmedica Corp., Ana­ (2) No change. DEPARTMENT OF THE INTERIOR conda, Gulf OIL (3) No change. Office of the Secretary (3) No change. (4) No change. (4) No change. JOHN S. ANDERSON This statement is made as of March 2, This statement is made as of Febru­ 1971. ary 19,1971. Statement of Changes in Financial Dated: March 2, 1971. Interests Dated: February 19,1971. O w e n A. L entz. In accordance with the requirements G l e n n J . H a l l . 6 [PR Doc. 71-4262 Piled 3-26-71;8:48 am] of section 710(b) ( ) of the Defense Pro­ [PR Dbc.71-4259 Piled 3-26-71;8:48 am] duction Act of 1950, as amended, and Executive Order 10647 of November 28, ROBERT R. McLAGAN 1955, the following changes have taken DAVID G. JETER place in my financial interests during the Statement of Changes in Financial past 6 months: Statement of Changes in Financial Interests Interests (1) No change. . In accordance with the requirements of (2) No change. In accordance with the requirements section 710(b) (6 ) of the Defense Pro­ (3) No change. 6 (4) No change. of section 710(b) ( ) of the Defense Pro­ duction Act of 1950, as amended, and duction Act of 1950, as amended, and Executive Order 10647 of November 28, This statement is made as of Febru­ Executive Order 10647 of November 28, 1955, the following changes have taken ary 5, 1971. 1955, the following changes have taken place in my financial interests during the Dated: February 5, 1971. place in my financial interests- during past 6 months: the past 6 months: (1) No change. J o h n S. A n d er so n . (1) No change. (2) No change. [PR Doc.71-4257 Piled 3-26-71; 8:48 am] (2) No change. (3) No change. (3) No change. (4) No change. (4) No change. CHARLES A. CAMPBELL This statement is made as of Febru­ This statement is made as of today. ary 1, 1971. _ Statement of Changes in Financial Dated February 10, 1971. Dated: February 4, 1971. Interests D avh) G. J e t e r . R o b e r t R . M cL agan. In accordance with the requirements [PR Doc.71-4260 Piled 3-26-71:8:49 am] [PR Doc.71-4263 Piled 3-26-71;8:49 am] of section 710(b) (6 ) of the Defense Pro­ duction Act of 1950, as amended, and Executive Order 10647 of November 28, J. W. KEPNER JULIO A. NEGRONI 1955, the following changes have taken place in my financial interests during Statement of Changes in Financial Statement of Changes in Financial the past 6 months: Interests Interests (1 ) None. In accordance with the requirements In accordance with the requirements of (2 ) None. of section 710(b) (6 ) of the Defense section 710(b) (6 ) of the Defense Pro­ (3 ) None. duction Act of 1950, as amended, and (4 ) None. Production Act of 1950, as amended, and Executive Order 10647 of November 28, Exécutive Order 10647 of November 28, This statement is made as of Febru­ 1955, the following changes have taken 1955, the following changes have taken ary 10, 1971. place in my financial interests during the place in my financial interests during the Dated: February 10, 1971. past 6 months: past 6 months: (1) No change. (1) No change. C h a r le s A . C a m p b e l l . (2) No change. (2) No change. * [PR Doc.71-4258 Piled 3-20-71;8:4« am] (3) No change. (3) No change. (4) No change. (4) No change. This statement is made as of Febru­ GLENN J. HALL This statement is made as of Febru­ ary 10, 1971. ary 1971, Dated: February 8, 1971. Statement of Changes in Financial Dated: February 10,1971. Interests J u l io A . N e g r o n i. J . W. K e p n e r . [PR Doc.71-4214 Kled 3-26-71;8:49 am] In accordance with the requirements [FR Doc.71-4201 Piled 3-26-71;8:49 am] of section 710(b) (6 ) of the Defense Pro­ duction Act Of 1950, as amended, and LEROY J. SCHULTZ Executive Order 10647 of November 28, OWEN A. LENTZ 1955, the following changes have taken Statement of Changes in F in a n cia l Statement of Changes in Financial place in my financial interests during Interests the past 6 months: Interests In accordance with the requirements (1) No change. In accordance with the requirements 6 Defense (2) PMC Corp., Howtnet Corp., Morrison- of section 710(b) (6 ) of the Defense •f section 710(b) ( ) of the Knudsen Co., General Electric Co., Amalga­ Production Act of 1950, as amended, and »reduction Act of 1950, as amended, mated Sugar Co., Idaho Power Co., First Executive Order 10647 of November 28, Executive Order 10647 of November * 9 5 5 Security Bank Corp., Union Carbide Corp., 1955, the following changes have taken . , the following changes have taxeu Pacific Power & Lt. Co., Utah Power & Light ilace in my financial interests durin Co., Union Pacific Corp., Portland G E Co., place in my financial interests during the Washington Water Power Co., Montana Power past 6 months: he past 6 months:

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 NOTICES 5809

(1) None . paragraph (30), which will read as a. Paragraph .05, The Office of Public (2) None. follows: Information is deleted. (3) None. (30) Potato Research and Promotion (4) None. b. Paragraph .06 is renumbered .05. Act (Public Law 91-670). 2. The attached organization chart This statement is made as of Febru­ dated March 15, 1971 supersedes the or­ ary 8,1971. Done at Washington, D.C., this 24th day of March 1971. ganization chart dated November 16, Dated: February 8, 1971. 1970. (A copy of the organization chart L e r o y J . S c h u l t z . J . P h i l C a m p b e l l , is on file with the original of this docu­ [FR Doc.71-4265 Filed 3-26-71;8:49 am] Acting Secretary of Agriculture. ment with the Office of the Federal [FR Doc.71-4309 Filed 3-26-71;8:53 am] Register.) CHARLES W. WATSON Effective date: March 15, 1971. Statement of Changes in Financial L a r r y A . J o b e , DEPARTMENT DF COMMERCE Assistant Secretary Interests for Administration. Bureau of the Census In accordance with the requirements [FR Doc.71-4221 Filed 3-26-71;8:46 am] of section 710(b) (6 ) of the Defense Pro­ DETERMINATION OF DIRECTOR duction Act of 1950, as amended, and REGARDING VOTING RIGHTS Executive Order 10647 of November 28, 1955, the following changes have taken Alaska et al. place in my financial interests during the AMERICAN REVOLUTION past 6 months: In accordance with section 4(b) (2) of the Voting Rights Act of 1965 (42 BICENTENNIAL COMMISSION (1) No change. U.S.C. 1973b) as amended by section 4 (2) No change. OFFICIAL SYMBOL FOR (3) No change. of the Voting Rights Act Amendment of (4) No change. 1970 (Public Law 91-285) and the deter­ BICENTENNIAL COMMEMORATION mination of the Attorney General made Interim Rules and Regulations This statement is made as of Febru­ pursuant to section 4(b) (1) of the Act ary 3,1971. and amendments thereto published in M arch 18, 1971. Dated: February 3, 1971. the August 1, 1970, issue of the F ed era l Pursuant to the authority vested in the R e g is t e r (35 F.R. 12354) , I have deter­ American Revolution Bicentennial Com­ C h a r le s W . W a tso n . mined that in the following political sub­ mission by section 6 (g) of Public Law [FR Doc.71-4266 Filed 3-26-71;8:49 am] divisions considered as a separate unit 89-491, as amended by Public Law 91- less than 50 per centum of the persons of 528, and the delegation of authority from voting age residing therein voted in the the Commission to the Chairman con­ presidential election of November 1968. tained in the Commission’s Resolution DEPARTMENT OF AGRICULTURE J approved February 5, 1971, to issue Alaska (E lection Districts) Office of the Secretary rules and regulations and take necessary 8 Anchorage. 16 Fairbanks- actions to implement said provisions of ARIZONA 11 Kodiak. Fork Yukon. law, there are hereby prescribed the fol­ 12 Aleutian Islands. lowing interim regulations governing the Designation of Area for Emergency Arizona manufacture, importation, reproduction Loans Apache County. Navajo County. or use of an official symbol for use in For the purpose of making emergency Cochise County. Pima County. connection with the commemoration of loans pursuant to section 321 of the Con­ Coconino County, Pinal County. the American Revolution Bicentennial. Mohave County. Santa Cruz County. solidated Farmers Home Administration S e c t io n 1. Authority and definitions. Act of 1961 (7 U.S.C. 1961) and section California (a) Authority. Section 6 (g) of Public 232 of the Disaster Relief Act of 1970 Monterey County. Yuba County. Law 89-491 as amended by Public Law (Public Law 91-606), it has been deter­ 91-528 provides: mined that in the following county in Idaho Elmore County. Whoever, except as authorized under rules die State of Arizona natural disasters and regulations issued by the Commission, nave caused a general need- for agricul­ New Y ork knowingly manufactures, reproduces, or tural credit: Bronx County. New York County. uses any logos, symbols, or marks originated • Arizona Kings County. under authority oi and certified by the Com­ ruma. W yoming mission for use in connection with the com­ memoration of the American Revolution Emergency loans will not be made in Campbell County. Bicentennial, or any facsimile thereof, or in the above-named county under this des­ such a manner as suggests any such logos, G eorg e H . B r o w n , symbols, or marks, shall be fined not more ignation after June 30,1971, except sub­ Director, Bureau of the Census. sequent loans to qualified borrowers who than $250 or imprisioned not more than 6 months or both: Provided, that this section M arch 15, 1971. receive initial loans under this designa­ shall be applicable upon publication in the tion on or before that date. [FR Doc.71-4220 Filed 3-26-71;8:45 am] F ederal R egister of notification of certifica­ tion hereunder by the Commission with re­ Done at Washington, D.C., this 24th spect to each such logo, symbol, or mark. nay of March 1971. Office of the Secretary (b) Definitions. (1) The term “Com­ J . P h i l C a m p b e l l , [Dept. Organ. Order 30-2B, Arndt. 1] mission” means the American Revolution Acting Secretary. NATIONAL BUREAU OF STANDARDS Bicentennial Commission. [FR Doc.71-4276 Filed 3-26-71;8:50 am] (2) The term “official symbol” means Organization and Functions a five pointed white star outlined in red, white, and blue rounded contour The following amendment to the order CONSUMER AND MARKETING (whether used with or without text) SERVICE was issued by the Secretary of Commerce on March 15,1971. This material amends originated under the authority of and Organization and Delegations the material appearing at 35 F.R. 18550 adopted by the Commission on February 5, 1971, as the official symbol for the Pursuant to the authority contained of December 5,1970. Department Organization Order 30- commemoration of the American Revo­ ® 5 D.S.C. 301 and Reorganization Plan 2B, dated November 16, 1970, is hereby lution Bicentennial Commission, or any 0-2 of 1953, section 110c of Secretary's amended as follows: reproduction of facsimile thereof, suffi­ ¡S T dated December 3, 1969 (34 F.R. 1. Sec. 7. Office of the Associate Di­ciently similar as to suggest the said 84*4), is amended by adding a new sub­ rector for Information Programs. symbol.

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 2 7 , 1971 5810 NOTICES

(3) The term “Chairman” means the By Order 71-2-88, dated February 19, [Docket No. 22975; Order 71-3-124] Chairman of the American Revolution 1971, the Board, among other things, OVERSEAS NATIONAL AIRWAYS, INC. Bicentennial Commission or any person deferred action with a view toward designated to act for him.. eventual approval on certain resolutions Order of Investigation Sec. 2. Unauthorized use. The manu­ adopted by Traffic Conference 1 of the facture, importation, reproduction or use International Air Transport Association Adopted by the Civil -Aeronautics! of the symbol except as licensed by the (IATA). These resolutions encompass Board at its office in Washington, D.CJ on the 22d day of March 1971. Chairman is unauthorized. fares and related provisions to apply in By tariff revisions1 filed February 19,J It is to the benefit of the public that these United States-Caribbean/Bermuda mar­ kets for a one-year period commencing and effective March 24, 1971, Overseas] interim regulations be made effective at National Airways, Inc. (ONA), proposes] the earliest practicable date. Accord­ April 1,1971. In general terms, the agree­ ment would result in a continuation of to establish charges for cargo charters] ingly, pursuant to the provisions of sec­ in its DC-9 aircraft from Atlanta to New tion 4 of the Administrative Procedures first-class fares at current levels and up­ ward adjustments in economy-class York of $1,256 and from New York to Act (60 Stat. 238), it is found upon good Detroit of $806. The charges would yield cause that notice and public procedure fares. More Significant revisions were proposed to the pattern of first-class and $1.68 and $1.67 per aircraft mile, on the interim regulations are imprac­ respectively. ticable, unnecessary and contrary to the economy 21-day excursion fares. In the public interest, and good cause is found case of first-class excursion fares, the Airlift International, Inc. (Airlift), submitted a complaint requesting an: for making these regulations effective current midweek/weekend fare differen­ upon publication. tial would be eliminated and a higher expeditious investigation of the proposal fare level would be applied all year to be conducted contemporaneously or Washington, D.C. throughout the entire week. The mid­ consolidated with the investigation in Docket 22975, discussed below. D avid J . M a h o n e y , week/weekend fare differential would be Chairman, American Revolu­ retained at somewhat higher levels than No justification for the proposed tion, Bicentennial Commis­ at present for economy-class excursion charges was submitted by ONA. sion. travel, and these fares would be further By Order 71-1-11, dated January 5, R e so lu tio n J differentiated so as to provide higher fare 1971, Docket 22975, the Board instituted levels in the peak season. Other elements an investigation of a charter charge pro­ ARBC OFFICIAL SYMBOL of the agreement include establishment posed by ONA from Atlanta to Detroit, Be it resolved, That the ARBC, meeting in of travel restrictions on group inclusive also yielding $1 .6 8, on the ground that it] San Francisco, Calif., in regular session and tour (GIT) travel and the introduction may be unduly low. Consistent with] with a required quorum for doing business, of an incentive/own use program for the above order and in view of all hereby adopts a symbol designed by the firm 20 other relevant factors, the Board finds of Chermayeff and Geismar Associates, me., groups of or more passengers. In deferring action on matters relat­ th at ONA’s currently proposed charter] as the official symbol of the Commission for charges may be unjust, unreasonable, un­ use in connection with the commemoration ing to Bermuda and Caribbean travel, of the American Revolution Bicentennial. justly discriminatory, unduly preferen-j the Board commented that the carriers’ tial, unduly prejudicial, or otherwise un­ Said symbol is a five pointed white star outlined in red, white, and blue rounded con­ current depressed earnings situation ap­ lawful and should be investigated. In tour (a copy of which is attached). The peared to warrant the additional reve­ view of the similarities of the issues, we symbol was designed by Chermayeff and nues which would flow from the agree­ shall consolidate the investigation of ONA’s current proposals with the investi­ Geismar Associates, Inc., under letter agree­ ment.1 However, a period of 10 days was ment with the Commission dated Decem­ gation instituted in Order 71—1—11. Al-j ber 4,1970. provided for the receipt of comments on though we shall not direct expedition of The Chairman is hereby authorized and the agreement. No comments have been th at investigation, we intend to proceed j directed to certify on behalf of the Commis­ received, and we will therefore finalize as soon as practicable in the fight of sion, as may be required by statute or other­ our tentative conclusions set forth in other matters pending before the Board. wise, that said symbol originated under the Accordingly, pursuant to the Federal authority of the Commission and has been Order 71-2-88. adopted by the Commission as its official The Board, acting pursuant to sections Aviation Act of 1958, and particularly sections 204(a) and 1002 thereof, symbol for use in connection with the Bicen­ 102, 204 (a ), and 412 of the Act, does not tennial commemoration. It is ordered, T hat: find the subject agreement to be adverse The Chairman is authorized and directed 1. An investigation is instituted to to issue rules and regulations for use of the to the public interest or in violation of determine whether the cargo charter symbol and to take such actions as are neces­ the Act. charges and provisions on Original Page sary and proper to implement the provisions Accordingly, it is ordered, T hat: of Public Law 91-528 with respect to said 11 of Overseas National Airways, Inc.s sym bol. Agreement CAB 22051, R-26, R-27, CAB No. 22 (Overseas National Airways Agreed to this 5th day of February 1971 in R-29, and R-30 be and hereby is Series) including subsequent revisions the city of San Francisco. approved. and reissues thereof, and rules, regula­ I certify that the above is a true copy of tions, and practices affecting such a Resolution adopted by the American Revo­ This order will be published in the charges and provisions, are or will be lution Bicentennial Commission at San Fran­ F ed era l R e g is t e r . unjust, unreasonable, unjustly discrimi­ cisco on February 5,1971. By the Cfivil Aeronautics Board.2 natory, unduly preferential, unduly prej­ M. L. S pector, udicial, or otherwise unlawful, and u Executive Director. [ s e a l ] H a r r y J . Z in k , D avid J . M a h o n ey, Secretary. found to be unlawful, to determine and C hairm an. [FR Doc.71-4223 Filed 3-26-71;8:46 am] prescribe the lawful charges and pro­ [FR Doc.71-4219 Filed 3-26-71;8:45 am] visions, and rules, regulations, an 1 The resolutions provide for some rather practices affecting such charges an substantial increases, particularly the 10-14 provisions; percent hike in the all-important 21-day 2. The foregoing investigation be con­ CIVIL AERONAUTICS BOARD excursion fares during the high season. We solidated into the investigation ins find that approval of such increases is in the [Docket No. 22628; Order 71-3-122} public interest primarily because of the fact tuted in Docket 22975; INTERNATIONAL AIR TRANSPORT that Pan American experienced an operating 3. The complaint of Airlift Interna­ loss of $36 million in its Latin American tional, Inc., in Docket 23210,-is dismissed, ASSOCIATION operations for the 12 months ended Sept. 30, except to the extent granted herein) an Order Regarding Passenger Fares 1970, the great bulk of which was sustained in the Caribbean markets which are covered Adopted by the Civil Aeronautics by these resolutions. 1 Revisions to Overseas National Board at its office in Washington, D.C., »Dissenting statement of Member Minetti Inc., Tariff CAB No. 22 (Overseas Nation* on the 19th day of March 1971. filed as part of the original document. Airways Series).

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 NOTICES 5811

4. Copies of this order shall be served reduced-rate privileges to employees of upon Overseas National Airways, Inc., the carriers and their families when the CIVIL SERVICE COMMISSION Airlift International, Inc., and upon all position of the employee may be com­ other parties of record in Docket 22975. pletely unrelated to selling. DEPARTMENT OF COMMERCE This order shall be published in the Upon consideration of the comments Notice of Grant of Authority To Make and all relevant matters before it, the Federal R e g ist er . Board has concluded to disapprove the a Noncareer Executive Assignment By the Civil Aeronautics Board. agreement. The reduced-fare privileges Under authority of § 9.20 of Civil Serv­ [seal] H a r r y J . Zi n k , accorded tra,vel agents are an exception ice Rule IX (5 CFR 9.20), the Civil Serv­ Secretary. to the general rule inherent in the Fed­ ice Commission authorizes the Depart­ eral Aviation Act that users of air trans­ [FR Doc.71-4224 Piled 3-26-71;8:46 am] ment of Commerce to fill by noncareer portation pay regular tariff rates for the executive assignment in the excepted services provided. Reduced fares for service the position of Deputy Assistant [Docket No. 22828; Order 7 1 -3 -1 3 1 ] travel agents have been adapted by the Secretary for Tourism. carriers and approved by the Board in INTERNATIONAL AIR TRANSPORT the past solely for the purpose of en­ U n it e d S t a t es C iv i l S er v ­ ASSOCIATION hancing the sale of air transportation by ic e C o m m is s io n , travel agents. The privilege is not in­ [ s e a l ] J a m es C . S p r y , Order Regarding Reduced Fares for tended as a type of fringe benefit as is Executive Assistant to Spouses of Passenger Sales Agents permitted by law to airline employees and the Commissioners. ; Adopted by the Civil Aeronautics their immediate families.1 It may be that [FR Doc.71-4289 Filed 3-26-71;8:51 am] Board at its office in Washington, D.C., an agent’s spouse is instrumental in the on the 23d day of March 1971. sale of air transportation’ in some in­ By Order 71-1-111, dated January 25, stances. By the same token, it is likely DEPARTMENT OF DEFENSE 1971, the Board deferred action, with a that in other instances the spouse has view toward disapproval, on a resolution little to do with the agent’s professional Notice of Grant of Authority To Make adopted by the International Air Trans­ activities. The carriers agreement does Noncareer Executive Assignment port Association (IATA) which would not, and probably could not, distinguish between these different factual situa­ Under authority of § 9.20 of Civil Serv­ permit the spouses of U.S.-based travel ice Rule IX (5 CFR 9.20), the Civil Serv­ agents to travel at reduced fares. tions. Neither can the Board perceive any objective basis for identifying those per­ ice Commission authorizes the Depart­ In proposing to disapprove the resolu­ ment of Defense to fill by noncareer tion, the Board noted that the concept sons who should be eligible for the re­ executive assignment in the excepted of reduced fares to travel agents is pred­ duced-fare privilege other than their status as a bona fide employee of a travel service the position of Assistant to Sec­ icated on the business needs of the car­ retary of Defense for Strategic Arms riers and agents, includirig travel for agency. The provision of a reduced fare Limitation Talks. familiarization purposes as well as that for a relatively narrow segment of the required in the day-to-day conduct of traveling public, i.e., agent’s spouses, is U n it e d S t a t es C iv il S e r v ­ business activities, and indicated that a clear discrimination. Without the justi­ ic e C o m m is sio n , fication found in a resultant enhance­ no showing had been made that the [ s e a l ] J a m es C . S p r y , granting of discounts to spouses of travel ment of sales of air transportation, we Executive Assistant to agents would enhance the agents' ability conclude that the discrimination is un­ the Commissioners. just and lawful. to sell air transportation. The Board al­ [FR Doc.71-4290 Filed 3-26-Tl;8:51 am] lowed a 30-day period for the receipt of We recognize that a degree of dis­ comments on its proposed action. crimination is inherent in treating U.S. agents differently from their foreign Pomments have been received from the DEPARTMENT OF LABOR American Society of Travel Agents counterparts. However, the Board has (ASTA), numerous travel agencies, and generally declined to exercise jurisdic­ Notice of Grant of Authority To Make tion over agents in other countries since individuals numbering in excess of 1 0 0 . a Noncareer Executive Assignment Without exception, all of the,responses they operate under differing laws and urge that the Board reconsider its ten­ their activities are more appropriately Under authority of § 9.20 of Civil Serv­ tative action and approve the resolu­ the concern of their respective govern­ ice Rule IX (5 CFR 9.20), the Civil Serv­ tion granting reduced-rate privileges to ments, and to a lesser extent because of ice Commission authorizes the Depart­ spouses of travel agents. No air carrier the practical difficulties of enforcement. ment of Labor to fill by noncareer comments have been received. Moreover, we would observe that main­ executive assignment in the excepted taining parity among agents selling The gist of the many comments re­ service the position of Executive Director transportation to and from the United ceived is as follows: (1) Many travel for Jobs for Veterans, Office of the Assist­ States could, in this instance, serve as agents are married women who hesitate ant Secretary for Manpower. an incentive for foreign-based agents to to take trips without their spouses, and sell other countries as a destination. U n it e d . S t a t es C iv il S er v ­ tne effect of the Board’s tentative action Accordingly, it is ordered, That: ic e C o m m is sio n , would be to deny these women a chance Agreement CAB 22968, R-22, Resolu­ [ s e a l ] J a m es C . S p r y , to become more proficient and to compete tion 203, Reduced Fares for Passenger Executive Assistant to effectively in their profession; (2 ) many Agents—USA—Amending is disapproved. the Commissioners. agen.^s are unwilling to travel without their spouses and are not finan­ This order will be published in the [FR Doc.71—4291 Filed 3-26-71;8:51 am] cially able to pay full fare for their F ed era l R e g is t e r . spouses; (3) spouses are, in many cases, By the Civil Aeronautics Board: instrumental in obtaining business for DEPARTMENT OF TRANSPORTATION [ s e a l ] H a r r y J . Zi n k , Jhe agent; (4) the Board should offer to Notice of Grant of Authority To Make “he carriers in a program of this type; Secretary. w approval would help fill empty air- [FR Doc.71-4308 Filed 3-26-71;8;53 am] Noncareer Executive Assignment 7 ~e seats and thus contribute to in­ Under authority of § 9.20 of Civil creased revenues; (6 ) the Board is guilty tuscnmination in permitting discounts 1 Section 403(b) of the Act permits car­ Service Rule IX (5 CFR 9.20), the Civil riers to transport their directors, officers, and Service Commission authorizes the De­ r spouses of foreign-based agents while employees, as well as certain other limited 1» ^ the privilege to U.S. agents; and categories of persons, without regard to their partment of Transportation to fill by the Board has permitted free and effective tariffs. noncareer executive assignment in the

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 5812 NOTICES excepted service the position of Gen­ sioner for Regional Office Coordination, excepted service the position of Assistant eral Manager, National Transportation Office of Education. to the Secretary, Office of the Secretary. Safety Board. U n it e d S t a t es C iv il Serv­ U n it e d S t a t es C iv i l S er v ­ ic e C o m m issio n , U n it e d S t a t es C iv i l S erv ­ ic e C o m m is s io n , [ s e a l ] J a m es C . S p r y , Éxecuiive Assistant to ic e C o m m is sio n ^ [ s e a l ] J a m es C . S p r y , [ s e a l ] J a m es C . S p r y , th é Commissioners. Executive Assistant to [PR Doc.71-4294 Piled 3-26-71;8:51 am] Executive Assistant to the Commissioners. the Commissioners. DEPARTMENT OF TRANSPORTATION [PR Doc. 71-4292 Piled 3-26-71;8:51 am] [PR Doc.71-4293 Piled 3-26-71; 8:51 am] Notice of Revocation of Authority To Make Noncareer Executive Assign­ ment DEPARTMENT OF HEALTH, EDUCA­ TION, AND WELFARE Under authority of § 9.20 of Civil Serv­ ice Rule IX (5 CFR 9.20), the Ciyil Serv­ DEPARTMENT OF THE INTERIOR Notice of Revocation of Authority To ice Commission revokes the authority of Make a Noncareer Executive As­ the Department of Transportation to fill Notice of Revocation of Authority To by noncareer executive assignment in the signment Make Noncareer Executive Assign­ excepted service the position of Director, Under authority of § 9.20 of Civil ment Office of International Transportation Policy and Programs. Service Rule IX (5 CFR 9.20), the Civil Service Commission revokes the author­ Under authority of § 9.20 of Civil Serv­ U n it e d S t a t es C iv il S erv­ i c e C o m m issio n , ity of the Department of Health, Educa­ ice Rule IX (5 CFR 9.20), the Civil Serv­ [ s e a l ] J a m es C. S p r y , tion, and Welfare to fill by noncareer ice Commission revokes the authority of Executive Assistant to executive assignment in the excepted the Department of the Interior to fill by the Commissioners. service the position of Associate Commis­ noncareer executive assignment in the [PR Doc.71-4295 Piled 3-26-71;8:51 am) FEDERAL COMMUNICATIONS COMMISSION MEXICAN STANDARD BROADCAST STATIONS Notification List M arch 22, 1971. List of new stations, proposed changes in existing stations, deletions, and corrections in assignments of Mexican standard broadcast stations modifying the assignments of Mexican broadcast stations contained in the Appendix to the Recommendations of the North American Regional Broadcasting Agreement Engineering Meeting, January 30, 1941.

A n ten n a A n ten na G round system proposed date of Call Location Power radiation Schedule Class height ' ------change or corn- letters watts mv/m/kw (feet) Number Length mencement of radials (feet) operation

s to k m XERSV (PO:5kw,ND,D)- ...... Ciudad Obregon, Sonora, 0.25...... DA-NII N . 27°30'60 , W. 109°6S16*. 860 kHz X E Z R (PO : Daytime on 860 kHz). Zaragoza, Coahuila, 0.25...... D A -N . II N . 28°29'00', W. 100°64'00\ 1630 kHz XEUR ...... Texcoco, E d o. de M exico, 6 ...... D A -1 U n N . 19°26'46*, W. 96°66'67*.

FCC N o t e : Notification of basic information for these changes in a notification list has not been received as of tiùs issue date. Supplementary information was transmitted in accordance with provisional procedures for exchange of notifica­ tions established in a memorandum of understanding between the Delegations of the United States and Mexico signed id Washington on November 27, 1968. Issued: March 22, 1971. F ederal C ommunications C o m m is sio n , [ s e a l ] M a r t in I . L e v y , Chief, Broadcast Facilities Division, Broadcast Bureau. [PR Doc.71-4302 Filed 3-26-71;8:52 am]

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27. 1971 NOTICES 5813

[Docket No. 19175; FOC 71-275] order (17 FCC 2d 933) pursuant to which servicing of electronic products includ­ AMK Corp. was authorized to obtain con­ ing television, radios, phonographs, and tropical r a d io TELEGRAPH CO. trol of Tropical by acquiring control of tape recorders; tubes and semiconduc­ AND RCA GLOBAL COMMUNICA­ United Fruit Co., subject to the condition tors; records and recorded tapes; mag­ TIONS, INC. that AMK, if the proposed transfer to netic products; broadcast and communi­ Memorandum Opinion and Order RCA Globcom were not approved, take cations equipment; instructional sys­ such necessary action as may be required tems; information systems and graphic Designating Application for Hear­ to assure the prompt availability of any systems; and space and military equip­ ing on Stated Issues need financial support Tropical may re­ ment. It is also engaged either directly Application for Transfer of Control of quire to continue to provide, in an ade­ or through its subsidiaries in the opera­ Tropical Radio Telegraph Co., a Radio quate manner, all the services Tropical tion of television and radio broadcasting Licensee, to RCA Global Communica­ then provided or may be authorized to networks and stations; licensing patents tions, Inc., a subsidiary of Radio Corp. provide. AMK accepted this condition by and providing technical know-how; rent­ of America, Inc., Pile No. 537-C4-TC letter dated May 27,1969. ing and leasing of automobiles and (4)—69.' 4. Tropical was initially established as trucks; book publishing; and conducting 1. By an application filed on July 29, an operating division of United Fruit Co. other related activities. 1968, pursuant to section 310(b) of the in 1904 and was incorporated in 1913. At 10. The application states that the re­ Communications Act of 1934, RCA Global present less than 10 percent of its serv­ quested transfer will serve the public in­ Communications, Inc. (RCA Globcom), ice is performed for United. For many terest, convenience and necessity by pro­ United Brands Corp. (United) ,* a corpo­ years Tropical has provided interna­ viding a small carrier with the techno­ ration holding all the outstanding stock tional common carrier telegraph service logical and other assistance necessary for of Tropical Radio Telegraph Co. (Tropi­ between the United States and points in it to maintain its position as a success­ cal), and Tropical request our consent Central America, Mexico, South America, ful carrier in its service area in the face to the transfer of control of Tropical, the the West Indies, including the Bahamas, of increasing competitive pressures from holder of four licenses in the Interna­ and with ships at sea. It operates gate­ International Telephone and Telegraph tional Fixed Radio Service and two li­ ways for telegraph service in Miami and and Western Union International, Inc. censes in the Safety and Special Radio New Orleans but maintains only a mini­ (WUI). Services, to RCA Globcom, a wholly mal number of traffic solicitation person­ 11. The application was listed in the owned subsidiary of Radio Corp. of nel elsewhere in the United States. Al­ Commission August 5, 1968, notice of America, Inc. (RCA), by RCA Globcom most half of Tropical’s outbound traffic applications accepted for filing and acquiring all the issued and outstanding from the United States is obtained from copies of the application were mailed to stock of Tropical.® areas near its gateway operations, specif­ Western Union International, Inc. 2. The price to be paid by RCA Glob­ ically from Florida, Louisiana, and (WUI) , ITT World Communcations, Inc. com will either be an amount of RCA Texas. (ITT), and the Department of Justice. Common Stock, not to exceed 258,000 5. Tropical operates international By letter dated September 3, 1968, ITT shares in the aggregate, or be an amount communications facilities at Panama, gave notice that it desired to be treated of cash equal to the excess of total assets Honduras, and Nicaragua, under conces­ as an interested party. A petition to deny over liabilities, excluding indebtedness sions granted by those countries. By vir­ under section 309(d) (1) of the Commu­ due from Tropical to United and a United tue of the concessions, Tropical provides nications Act of 1934 was filed by WUI on subsidiary, as shown on Tropical’s bal­ international telephone service, princi­ October 16, 1968. In addition, Western ance sheet (Tropical’s book value).* If pally as American Telephone and Tele­ Union Telegraph Co. (WU) submitted Tropical’s book value exceeds the value graph’s foreign correspondent and as a comments on the proposed transfer by of 258,000 shares of RCA Common Stock, foreign international carrier. It also pro­ letter dated February 19,1971. RCA Globcom will pay the difference in vides international record communica­ 12. WUI’s petition states: That (a) cash. RCA has covenaiited and agreed to tion service between those countries and RCA Globcom is the largest carrier in issue and deliver to RCA Globcom, at or other foreign locations. More than half of the industry and that its acquisition of immediately prior to the closing of the Tropical’s total revenues were derived Tropical would eliminate a competitive pending agreement, a stock certificate from its operations as a foreign rather force, compound the dominant position of for the requisite number of shares of than as a United States carrier. RCA Globcom and combine in one orga­ RCA Common Stock. 6. Tropical, in 1969, received 22 per­ nization overwhelming shares of the rele­ 3. On May 23, 1969, the Commission cent of total industry revenues from rec­ vant markets; (b) the proposed acquisi­ released a memorandum opinion and ord services between the United States tion would substantially lessen competi­ and Bermuda, total West Indies, Central tion and violate section 7 of the Clayton ‘When the application was originally filed, America, and Colombia, South America. Act (15 U.S.C. sec. 18), section 1 of the Tropical was wholly owned by United Fruit Its participation in record traffic between Sherman Act (15 U.S.C. sec. 1) and sec­ Co. Thereafter, United Fruit Co. merged with the United States and all overseas points tion 314 of the Communications Act of AMK Corp. with U nited F ru it Co. surviving. in 1969 was 4 percent. 1934 as well as violate the public interest The name of United Fruit Co. was subse­ 7. RCA Globcom is a communications by eliminating a viable edmpetitor, end­ quently changed to United Brands Co. United common carrier certificated and licensed Brands Co. has applied to the Commission for ing competition between RCA Globcom approval of any transfer which may have by the Commission under the Communi­ and Tropical to many points and allow­ occurred as a result of the foregoing and has cations Act of 1934. It is engaged prin­ ing RCA Globcom to succeed to various requested that this m atter be expedited pur­ cipally in the business of furnishing over­ favored positions; (c) the proposed ac­ suant to section 309(c) (2) (B) of the Com­ seas communications services via sub­ quisition is not in the public interest; munications Act of 1934. In its request, marine cable, radio and satellite facilities and (d) the application is deficient for united Brands Co. acknowledges its assump- linking the continental United States di­ want of a necessary applicant—RCA * * * toe undertakings made by AME Corp. rectly with 76 other countries and over­ 13. In their answers, RCA Globcom to this Commission. (See paragraph 3, infra). seas points. Action on th e application was held in and Tropical state: That (a) the public aoeyance for more than a year pending the 8. RCA Globcom, in 1969, received 24 interest would be served by the grant of outcome of negotiations between RCA Glob- percent of total industry revenues from the application; (b) the transfer would 3 * Western Union International (WUI) record services between the United States not have any significant adverse effect a Tropical for a possible Joint venture and Bermuda, total West Indies, Central on competition; (c) the proposed trans­ arrangement between RCA Globcom and America and Colombia, South America. wui. By memorandum of Oct. 9,1970, Tropi- fer is not prohibited by section 314 of Its participation in record traffic between the Communications Act; (d) the anti­ the Commission that negotia­ the United States and all overseas points te keen terminated and requested trust type arguments of WUI lack sub­ resumed l>rocess^ng of th e app lication be in 1969 was 40 percent. 9. RCA is engaged directly and stance, and, in any event, are not the 0i I‘>ec* **• 1069, Tropical’s book valuethrough subsidiaries in the research, controlling factor; (e) Tropical’s eco­ was somewhat in excess of $5,600,000. manufacture, distribution, sale, lease and nomic ^circumstances preclude it from

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 5814 NOTICES taking action required to insure main­ 17. In view of all the foregoing, we find serve the public interest, convenience tenance of its viability; and (f) the and conclude: and necessity. proper transferee is RCA Globcom and (a) That the pleadings and documents 19. It is further ordered, That the that such information which the Com­ relating thereto demonstrate that United Commission hereby consents to, and ap-] mission requires with respect to RCA has Brands Co. possesses the necessary stat­ proves the transfer of control of Tropi­ been furnished. utory qualifications to become the trans­ cal Radio Telegraph Co., as the holder 14. On June 18, 1969, the Department feree of control of Tropical Radio of radio authorizations, to United Brands of Justice forwarded its comments on the Telegraph Co.; that the public interest, Co., in the manner described in the] proposed transfer of control to this Com­ convenience and necessity will be served pleadings and documents relating I mission. It examined the competitive ef­ by the transfer of control of Tropical thereto. fects of the proposed acquisition on both Radio Telegraph Co. to United Brands 20. It is further ordered, That the ap­ inbound and outbound traffic and con­ Co.; and that we should consent to, and plicants shall have the burden of going cluded that the proposed acquisition approve, the transfer of control of Trop­ forward with the introduction of evi­ would significantly lessen competition ical Radio Telegraph Co. as the holder dence and the burden proof on the issues. for international record traffic outbound of radio licenses to United Brands Co. 21. It is further ordered, That Tropi­ from the United States to Central Amer­ as a result of the merger of AMK Corp. cal Radio Telegraph Co., United Brands ica. It also postulated that, by giving into United Brands Co. Co., RCA Global Communications, Inc.J RCA Globcom direct control over addi­ (b) That the application for transfer Western Union International, Inc., ITT tional inbound traffic, the acquisition of control makes it clear that RCA Glob­ World Communications, Inc., and the might help to increase RCA Globcom’s com is a wholly owned subsidiary of RCA Chief, Common Carrier Bureau are made leading position on the trans-Atlantic and to this extent the application is not parties to the proceeding. and other international routes. The De­ deficient for want of a necessary party. 22. It is further ordered, That the par­ partment of Justice further concluded (c) That RCA Globcom appears to be ties desiring to participate herein shall that the proposed merger would have a technically and financially qualified to file their appearances in accordance with significant effect on potential competi­ acquire and operate the facilities of 47 CFR 1.221. tion for traffic outbound from the United Tropical. 23. It is further ordered, That the peti­ States to Central America and stated (d) That a substantial and material tions and requests of Tropical Radio that, even if there were no new entrants question has been raised as to whether Telegraph Co., United Brands Co., RCA who would be willing to purchase and the proposed transfer will serve the pub­ Global Communications, Inc., Western operate Tropical as a separate business, lic interest, convenience, and necessity, Union International, Inc., TTT World it would seem that there are one or more which question cannot be determined on Communications, Inc., and Western existing international record carriers the basis of the pleadings. Union Telegraph Co., to the extent they whose acquisition of Tropical would seem 18. Accordingly, so that a determina­ are not granted herein, are otherwise to present a less anticompetitive threat tion may be made as to whether the denied. proposed transfer of control of Tropical than that posed by the acquisition by Adopted: March 17,1971. RCA Globcom. to RCA Globcom does and will serve the 15. By letter dated February 3, 1971, public interest, convenience, and neces­ Released: March 24, 1971. IT T filed additional comments with the sity: It is hereby ordered, Pursuant to F ed er a l C ommunications section 309(e) of the Communications Commission urging that the application C o m m is s io n , Act of 1934, that the captioned applica­ not be granted without a hearing. In sup­ [ s e a l ] B e n F. W a p l e , port of its position ITT questions tion is designated for hearing in a pro­ Secretary. whether Tropical’s continued viability ceeding a t the Commission’s offices in depends on the proposed transfer of con­ Washington, D.C., before an examiner [FR Doc.71-4304 Filed 3-26-71:8:52 amj trol. It also requests, that, to the extent and on a date to be hereafter specified by separate order, upon the following the transfer, if consummated, would [Dockets Nos. 19178,19179; FOC 71-281] permit RCA Globcom to gain access to issues: Tropical’s gateway privileges in Miami (a) To determine in what specific ways ZIA TELE-COMMUNICATIONS, INC. and New Orleans, ITT should be granted the proposed acquisition will benefit the AND ALVIN L. KORNGOLD identical privileges, and that all the in­ public. ternational record carriers be granted (b) To determine the line or lines of Order Designating Applications for equal opportunity to handle traffic to commerce and the nature and extent of Consolidated Hearing on Stated Mexico, n r also contends that a review the relevant market or markets to be Issues of the International Formula4 for the considered in making a determination distribution of unrouted outbound tele­ on this application. In regard applications of Zia Tele- graph message traffic would be required (c) To determine the effect the pro­ Communicatons, Inc., Albuquerque^N. in the event that the proposed acquisi­ posed transfer of control will have on the Mex., Docket No. 19178, File No. BPH- tion be approved prior to a resolution of carrier market in the Central American 6887, requests: 107.9 mes, No. 300; 27.ô ITT’s pending general complaint regard­ area or such other area or areas as shall kw.(H) ; 27.5 kw.(V); 517 feet, Alvin L. ing the International Formula. be determined to constitute a relevant Komgold, Albuquerque, N. Mex., DocKet 16. In its letter of February 19, 1971, market. No. 19179, File No. BPH-6952, requests. to this Commission, WU requests that: (d) To determine the extent, if any, to 107.9 mes, No. 300; 38.2 kw.; 495 feet, (a) The Commission require RCA Glob­ which the acquisition may be prohibited for construction permits. com to make its intentions clear with under section 314 of the Communications 1. The Commission has under consid" respect to the acquisition of Tropical; Act of 1934. eration the above-captioned and de­ (b) any grant of the application be made (e) To determine the extent, if any, to scribed applications which are mutually on the condition that RCA Globcom may which the proposed acquisition may be exclusive in that operation by the appli­ continue to use New Orleans and Miami inconsistent with the policies set forth in cants as proposed would result ui m as gateway cities for the traffic of Trop­ the various antitrust laws of the United tually destructive interference. ical only; and (c) the Commission re­ States. 2. According to its application frain from any action that might invoke (f) To determine whether Tropical Tele-Communications, Inc., would re­ demands by other international record can survive as a viable competitor if the quire $13,000 to construct and operas carriers for enlarged opportunities with proposed acquisition is not approved, and its proposed station for 1 year witn ^ respect to message traffic to and from if not, if there are any other alternatives reliance on revenues. Since the staw Mexico. should the Commission deny the would be operated on a nondupli^- application. nonautomated basis during »18^* , 4 Prescribed under sec. 222 o f th e Com ­

FEDERAL REGISTER. V O L 36. NO. 60— SATURDAY, MARCH 27, 1971 NOTICES 5815

[Applicant has not provided a sufficient (1) To determine the amount reason­ Commission for approval pursuant to [showing regarding the availability of any ably required by Zia Tele-Communica­ section 15 of the Shipping Act, 1916, as of the needed funds. Accordingly, a fl- tions for construction and first-year op­ amended (39 Stat. 733, 75 Stat. 763, 46 bancial issue will be specified. eration of its proposed station without U.S.C. 814). 3. According to his application, Alvin reliance on revenues and whether such Interested parties may inspect and ob­ Korngold would require $13,170 to con­ funds are available to it to thus demon­ tain a copy of the agreement at the duct and operate his proposed station strate its financial qualifications. Washington office of the Federal Mari­ [for 1 year without reliance on revenues. (2) To determine the amount reason­ time Commission, 1405 I Street NW„ The proposed operating budget of $8,670 ably required by Alvin Korngold for con­ Room 1202; or may inspect the agree­ {does not appear adequate for the inde­ struction and first-year operation of his ment at the Field Offices located at New pendent operation he proposes. To meet proposed station without reliance on York, N.Y., New Orleans, La., and San [this requirement, applicant relies on revenues and whether such funds are Francisco, Calif. Comments on such funds on hand, but these fluids appear available to him to thus demonstrate his agreements, including requests for hear­ to be the same as those relied on in con­ financial qualifications. ing, may be submitted to the Secretary, nection with other PM proposals he has (3) To determine the efforts made by Federal Maritime Commission, Washing­ filed. Accordingly, a financial issue will Zia Tele-Communications to ascertain ton, D.C. 20573, within 20 days after pub­ be specified. ^ . the community needs and interests of the lication of this notice in the F ederal 4. In Suburban Broadcasters, 30 PCX! area to be served and the means by R e g is t e r . Any person desiring a hearing 951 (1961)., our public notice of August which the applicant proposes to meet on the proposed agreement shall provide 22, 1968, FCC 68-847, 13 RR 2d 1903, those needs and interests. a clear and concise statement of the mat­ City of Camden (WCAM), 18 FCC 2d (4) To determine whether there is a ters upon which they desire to adduce 412 (1969), and our Primer on Ascer­ reasonable possibility that the tower evidence. An allegation of discrimina­ tainment of Community Problems by height and location proposed by Alvin tion or unfairness shall be accompanied ¡Broadcast Applicants, FCC 71-176, re­ Korngold would constitute a menace to by a statement describing the discrimi­ leased February 23, 1971, we indicated air navigation. nation or unfairness with particularity. that applicants were expected to provide (5) To determine which of the pro­ If a violation of the Act or detriment to full information on their awareness of posals would, on a comparative basis, bet­ the commerce of the United States is al­ land responsiveness to local community ter serve the public interest. leged, the statement shall set forth with needs and interests. In this case, Zia (6) To determine in the light of the particularity the acts and circumstances Tele-Communications does not appear to evidence adduced pursuant to the fore­ said to constitute such violation or detri­ have contacted a representative cross- going issues, which, if either, of the ap­ ment to commerce. section of the area nor has it adequately plications for construction permit should A copy of any such statement should provided the comments regarding com- be granted. also be forwarded to the party filing the |munity needs otbained from such con­ 9. It is further ordered, That the Fed­ agreement (as indicated hereinafter) and tacts. Likewise, it has not adequately eral Aviation Administration is made a the statement should indicate that this ¡provided a listing of specific programs party to the proceeding. has been done. ¡responsive to specific community needs 10. It is further ordered, That to avail Notice of agreement led by: * as evaluated. As a result, we are unable themselves of the opportunity to be Eric G. Brown, Secretary, Mediterranean- at this time to determine whether Zia heard, the applicants and party respond­ U.S.A. Great Lakes Westbound Freight Tele-Communications is aware of and ent herein, pursuant to § 1.221(c) of the Conference, 10, Place de la Joliette (2m e), responsive to the needs of the area. Ac­ Commission’s rules, in person or by at­ MarseUles, France. cordingly, a Suburban issue is required. torney shall, within twenty (20) days of Agreement No. 9020-11 effects pre­ 5. Since no determination has yet been the mailing of this order, file with the season adjustments in the basic agree­ reached on whether the antenna pro­ Commission in triplicate, a written ap­ ment which may be made by the Pool posed by Alvin Korngold would consti­ pearance stating an intention to appear Committee without prior Commission ap­ tute a menace to air navigation, an issue on the date fixed for the hearing and pre­ proval. pursuant to Article 20. Adjust­ regarding this matter is required. sent evidence on the issues specified in 6. Zia Tele-Communications proposes this order. ments are made in the membership list, the amount of Carrying Money, the min­ substantial AM duplication while Alvin 11. It is further ordered, That the ap­ imum Service Obligations, and the Pool Korngold proposes independent opera­ plicants herein shall, pursuant to § 311 Percentages. The parties also agreed not tion. Therefore, evidence regarding pro­ (a)(2) of the Communications Act of gram duplication will be admissible un- to have an interim pool settlement as of 1934, as amended, and § 1.594 of the June 30,1971. standard comparative issue. Commission’s roles, give notice of the When duplicated programming is pro­ hearing, either individually or, if feasible Dated: March 24,1971. posed, the showing permitted under the and consistent with the rules, jointly, By order of the Federal Maritime standard comparative issue will be lim­ within the time and in the manner pre­ Commission. ited to evidence concerning the benefits scribed in such rule, and shall advise the F r a n cis C . H u r n e y , tod detriments to be derived from the Commission of the publication of such Secretary. Proposed duplication, and a full com­ notice as required by § 1.594(g) of the parison of the applicants’- program pro­ rules. [FR Doc.71-4248 Filed 3-26-71;8:48 am] posals will not be permitted in the ab­ sence of a specific programming in- Adopted: March 17, 1971. W - Jones T. Sudbury, 8 FCC 2d 360, Released: March 24,1971. PORT OF PALM BEACH AND WEST FCC 67—614 (1967). F ed era l C ommunications INDIA SHIPPING CO., INC. ,7 . Except as indicated by the issues C o m m is sio n ,. “Ptoifled below, the applicants are quali- Notice of Agreement Filed [ s e a l ] B e n F . W a p l e , to construct and operate as pro- Secretary. Notice is hereby given that the follow­ ! Posed. However, because the proposals ing agreement has been filed with the «e mutually exclusive, they must be des- JFR Doc.71-4305 Filed 3-26-71;8:52 am] Commission for approval pursuant to sec­ ^oed for hearing in a consolidated tion 15 of the Shipping Act, 1916, as proceeding on the issues specified below. amended (39 Stat. 733, 75 Stat. 763, 46 u ' oîi® ordered, That, pursuant to sec- FEDERAL MARITIME COMMISSION U.S.C. 814). of ioo^ e* °* Communications Act Interested parties may inspect and ob­ dwi™ ^ amended, the applications are MEDCHI FREIGHT POOL tain a copy of the agreement at the ior hearing in a consolidated Notice of Agreement Filed Washington office of the Federal Mari­ a* a ^ime an<* ¡Place to be time Commission, 1405 I Street NW„ fniir«üs ™ a subsequent order, upon the Notice is hereby given that the fol­ Room 1202; or may inspect the agree­ Showing issues: lowing agreement has been filed with the ment at the Field Offices located a t New

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 No. 60____ 7 5816 NOTICES

York, N.Y., New Orleans, La., and San hearing, and in the event it is denied, to ploration, Inc., with the rate schedules Francisco, Calif. Comments on such continue such stay pending judicial re­ retaining their numerical designations: agreements, including requests for hear­ view of that order. C ertificate FP C gas rate ing, may be submitted to the Secretary, By Order No. 423 the Commission 'Docket No. schedule No. Federal Maritime Commission, Washing­ amended section 2.56 in Part 3, General CI62—10 1 9 1 ______14 ton, D.C. 20573, within 20 days after pub­ Policy and Interpretations, Chapter I, CI64—715 1,2 lication of this notice in the F edera l Title 18 of the Code of Federal Regula­ 0 6 4 —932 ______3 R e g is t e r . Any person desiring a hearing tions by the addition of a new paragraph 1 (Operator) et al. on the proposed agreement shall provide which provides that if it decides to sus­ a clear and concise statement of the mat­ pend a rate change filing made by an K e n n e t h F . 'P lumb, ters Upon which they desire to adduce independent producer under section 4(d) Acting Secretary. evidence. An allegation of discrimination of the Natural Gas Act and such rate [PR Doc.71-4243 Piled 3-26-71;8:48 am) or unfairness shall be accompanied by a change is filed at least 60 days prior to statement describing the discrimination its proposed effective date, the suspen­ or unfairness with particularity. If a vio­ sion period will be for 1 day unless the [P ro ject No. 13] lation of the Act of detriment to the Commission waives the 60-day notice NIAGARA MOHAWK POWER CORP. commerce of the United States is al­ period or imposes a longer suspension leged, the statement shall set forth with period. Notice of Issuance of Annual License j particularity the acts and circumstances New York’s application for rehearing M arch 22, 1971. said to constitute such violation or detri­ sets forth no further facts or principles ment to commerce. of law which were not fully considered in On March 2, 1970, Niagara Mohawk] Power Corp., licensee for Green Island j A copy of any such statement should Order No. 423, or which, having now been Project No. 13 located in the vicinity of also be forwarded to the party filing the considered, warrant any modification of that order. Albany County, N.Y., on the Hudson agreement (as indicated hereinafter) and River filed an application for a new li­ the statement should indicate that this Nor is there any justification for grant­ ing a stay here. Any increased rate pro­ cense under section 15 of the Federal has been done. Power Act and Commission regulations Notice of agreement filed by: posed by a producer which is suspended for 1 day, in lieu of 5 months, will be thereunder (§§ 16.1-16.6). Licensee also Mr. J. E. Jaudon, Port Director, Port of Palm collected subject to refund. To impose, as made a supplemental filing pursuant to Beach, Post Office Box 9935, Riviera Beach, New York suggests, a 5-month suspen­ Commission Order No. 384 on Decem­ P L 33409. sion period for a producer increase in a ber 28; 1970. Agreement No. T-2499 (as amended), situation where we believe a 1-day sus­ The license for Project No. 13 was between the Port of Palm Beach (P ort), pension period is sufficient would cause issued effective March 3, 1921, for a and West India Shipping Co., Inc. (Com­ irreparable injury to the producer in­ period ending March 2, 1971. In order pany), provides for the 5-year exclusive volved to the extent that the proposed to authorize the continued operation of use of certain facilities at the Port of increase is eventually determined to be the project pursuant to section 15 of Palm Beach, Fla. As compensation, the just and reasonable since the producer the Act pending completion of licensee’s Company will pay the Port a total of cannot recover the revenues lost during application and Commission action $272,130.52 over the term of the agree­ the suspension period. thereon it is appropriate and in the pub­ ment plus all applicable tariff charges. By our refusal to grant a stay of this lic interest to issue an annual license to In addition, the Company also guaran­ order, we do not mean to imply that in Niagara Mohawk Power Corp. for con­ tees a minimum of 37,500 tons wharfage individual cases we will not consider the tinued operation and maintenance of for each year of the agreement, charged effect of a 1 day as opposed to a 5-month Project No. 13. to the Company at the prevailing tariff suspension period. But, we certainly do Take notice that an annual license is rates of the Port. The Company is not intend to impose 5-month suspen­ issued to Niagara Mohawk Power Corp. granted the right of docking vessels for sion periods on all producer increases (licensee) under section 15 of the Fed­ which it acts as husbanding agent at no pending the outcome of judicial review. eral Power Act for the period March 3, charge for dockage at certain portions of The Commission orders: 1971, to March 2, 1972, or until Federal the facility. The parties agree that Port’s The application for rehearing and the takeover, or the issuance of a new license tariff rates will not exceed competitive request for stay filed by New York on for the project, whichever comes first, port tariff charges as established by February 25, 1971, of Order No. 423 are for the continued operation and main­ Southern Florida ports. denied. tenance of the Green Island Project No. 13, subject to the terms and condi­ Dated: March 24,1971. By the Commission. tions of its license. By Order of the Federal Maritime [ s e a l ] K e n n e t h F . P l u m b , K e n n e t h F. P lum b, Commission. Acting Secretary. Acting Secretary. F r a n cis C. H t jr n e y , - [PR Doc.71-4242 Piled 3-26-71;8:48 am] Secretary. [PR Doc.71-4243 Filed 3-26-71;8:48 am] [PR Doc.71-4247 Filed 3-26-71:8:48 am] [Docket No. CI62-1019 etc.] [Docket No. AR64-2 etc.] CIROCO EXPLORATION, INC. ET AL. EXAS GULF COAST AREA RATE FEDERAL POWER COMMISSION Notice of Redesignation ' PROCEEDING ET AL. [Docket No. R-407] M arch 22,1971. tice of Further Extension of Time ONE DAY SUSPENSION PERIOD By letters of October 16, 1970, and M arch 19, 1971. Order Denying Rehearing and Request December 23, 1970, Ciroco Exploration, Inc., advised the Commission that its rexas Gulf Coast Area , Docket No. AR64-2; M obil Oil Corp.. for Stay of Order No. 423 corporate name had been changed from 3ket No. RI70-1666; P etro leu m Cor­ M arch 22,1971. Circle Drilling Co., Inc., as of June 6, ation of Texas, Docket No. R I71-477, The Public Service Commission of the 1969. State of New York (New York) on Febru­ Accordingly, the following certificates S. Abercrombie Mineral Co., ary 25, 1971, filed an application for re­ of public convenience and necessity is­ cket No. RI71-479; Atlantic Richfiel , Docket No. RI71-480; Pan Am erican hearing of Order No. 423 issued on Feb­ sued pursuant to section 7(c) of the Nat- ruary 18,1971, in the above-entitled pro­ ural Gas Act to Circle Drilling Co., Inc., ;roleum Corp., Docket No. RI71“ . .1 ceeding. New York also requested a stay and the related FPC gas rate schedules a Oil Co., Docket No. RI71-530; M of the effectiveness of Order No. 423 Corp., Docket No. RI71-555; Jo n pending action on its application for re­ are redesignated as those of Ciroco Ex­

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 NOTICES 5817

Pace (Operator), Docket No. R I71-556; stipulation and agreement, together with in accordance with the Commission’s Coastal States Gas Producting Co., a schedule of proposed rates. *Ihe stipu­ rules. The application is on file with the Docket No. RI71-611. lation and agreement is stated to result Commission and available for public in­ Upon consideration, notice is hereby from discussions among Northern, the spection. given th a t the time is further extended Commission’s Staff, and interested K enneth F . P lumb, to and including April 19, 1971, within parties. Acting Secretary. which answers may be filed to the motion The stipulation and agreement would [FR Doc.71-4287 Filed 3-26-71:8:51 am] filed by the Philadelphia Gas Works resolve all issues in Docket No. R P70- Division of UGI on February 18, 1971. 43 and generally provides for specified reduced rates to become effective as of OUTSTANDING SUSPENSION PRO­ K enneth F. P lumb, December 27, 1971, for refund with in­ Acting Secretary. CEEDINGS AND TEMPORARY CER­ terest of excess amounts collected dur­ TIFICATES INVOLVING INDEPEND­ [PR Doc.71-4245 Filed 3-26-71;8:48 am] ing the period of December 27, 1971, to ENT PRODUCERS the date Northern shall first begin to [Dockets Nos. E-7494, CP70-73] collect charges under the rates shown Order Granting in Part and Denying in and for contingent refunds and rate Part Applications for Rehearing IOWA POWER AND LIGHT CO. AND reductions. IOWA-ILLINOIS GAS AND ELECTRIC Copies of the stipulation and agree­ M arch 22,1971. CO. ment, the schedule of proposed rates and The Public Service Commission of the certain revised sheets of the general State of New York (New York) filed on Order Staying Date of Expiration of terms and conditions of Northern’s gas February 25,1971, an application for re­ ' Commission Authorization for Con­ tariff were served on all of Northern’s hearing of the Commission’s order issued solidation customers, parties of record, and inter­ cm February 18, 1971, in the above- March 23, 1971. ested State commissions. entitled proceedings concurrently with Comments or objections relating to the issuance of Order No. 423. On March 12, 1971, Iowa Power and the proposed stipulation and agreement The Commission in its February 18 or­ Light Co. and Iowa-Hlinois Gas and may be filed with the Federal Power Com­ der shortened the suspension periods in Electric Co. (applicants) filed a motion mission, Washington, D.C. 20426, on or outstanding suspension orders relating for an extension of time within which before April 5, 1971. to producer rate changes so that such to consummate consolidation pursuant changes would become effective, subject to Opinon No. 590 issued December 24, K enneth F . P lumb, to refund, as of March 21, 1971, or as of 1970. Applicants note that the Examin­ Acting Secretary. 1 day from the date a proposed change er’s initial decision, adopted by the [FR Doc.71-4286 Filed 3-26-71;8:51 am] would otherwise become effective in the Commission, provides that the Commis­ absence of suspension, whichever is sion’s authorization will expire unless [Project No. 1396] later.1 The Commission also waived con­ consolidation is consummated within 90 ditions in temporary certificates pro­ days after the issuance of the order. SOUTHERN CALIFORNIA EDISON CO. hibiting producers from filing for con­ An application for rehearing and other tractually authorized rate increases.2 relief was filed by the State of Iowa on Notice of Application for Amendment New York also requests the Commis­ *1116 January 25, 1971. Commission on of License for Project sion to suspend the effectiveness of this February 22,1971, granted rehearing for March 23, 1971. order until after action is taken on its the purpose of giving further considera­ application for rehearing, and to con­ tion. Under the circumstances, we shall Public notice is hereby given that ap­ tinue such stay if the Commission does stay the date of expiration of the Com­ plication for amendment of license has not set aside such order until the com­ mission's authorization pending issuance been filed pursuant to the Federal pletion of judicial review. In addition to of the Commission’s final order upon the Power Act (16 UJ3.C. 791 (a)-825 (r)) by its general attack on the February 18 State of Iowa’s application for rehearing. Southern California Edison Co. (corre­ order. New York also specially chal­ The Commission finds: spondence to : P. B. Peecock, Manager, lenges the shortened suspension periods It is appropriate and proper in the ad­ Right-of-Way and Land Department, provided by that order for the proposed ministration of the Federal Power Act Post Office Box 350, Los Angeles, CA rates involved in Dockets Nos. RI71-425, to stay the date of expiration of the 90053), for transmission line Project No. RI71-694, R71-646, RI71-666, and 1396 located in the vicinity of Victor­ Commission’s authorization for consoli­ R I71-530. dation pending issuance of a final order ville, and San Bernardino in San Ber­ of the Commission on the State of Iowa’s nardino County, Calif., and affecting The Philadelphia Gas Works Division application for rehearing. lands of the United States. of UGI Corp. (PGW) on March 3, 1971, The Commission orders : The licensee requests authorization for also filed an application for rehearing of The date of expiration of the Commis­ the relocation of a portion of the Bishop the February 18 order insofar as it short­ sion’s authorization for consolidation is Tower Transmission Line to a new loca­ ened the suspension periods previously hereby stayed pending the issuance of tion to accommodate construction of the ordered for the proposed increases in cer­ a nnal Commission order upon the State State of California’s Cedar Springs Res­ tain dockets,3 and insofar as it eliminated oi Iowa’s application for rehearing. ervoir. V"1 This modification had no applicability to By the Commission. Any person desiring to be heard or to sales in the Southern Louisiana area or to make any protest with reference to said those situations where the primary suspen­ (seal] K enneth F . P lumb, application should on or before May 5, sion period previously ordered by the Com­ Acting Secretary. 1971, file with the Federal Power Com­ mission would expire prior to Mar. 21, 1971. mission, Washington, D.C. 20426, peti­ 2 The waiver did not apply to temporary [FR Doc.71-4285 Filed S -26- 7 1 ; 8:51 am ] certificates in the Hugoton-Anadarko area, tions to intervene or protests in accord­ the Appalachian and Illinois Basin areas, or ance with the requirements of the Com­ the Southern Louisiana area. IDocket No. RP70-43] mission’s rules of practice and proce­ 3 PGW refers to the same dockets specified NORTHERN NATURAL GAS CO. dure (18 CFR 1.8 or 1.10). All protests by New York except for Docket No. RI71-694 filed with the Commission will be con­ and also refers to Dockets Nos. RI71-477, Notice of Filing of Stipulation and sidered by it in determining the ap­ RI71—479, RI71—480, RI71-515, RI71-555, 9reement and Revised Tariff Sheets propriate action to be taken but will RI71-556, RI71-611, RI71-633, RI71-634, not serve to make the protestants par­ RT71-635, RI71-636, RI71-643, and RI71-669. March 22, 1971. The suspension periods for the increased ties to the proceeding. Persons wishing rates filed by Pan American in Docket No. aotice that on March 11, 1971, to become parties to a proceeding or to RI71-555 had expired prior to the issuance fiipH • r?L Raturai Gas Co. (Northern) participate as a party in any hearing of the February 18 order, and thus were not m Docket No. RP70-43 a proposed therein must file petitions to intervene affected by that order.

FEDERAL REGISTER, V O L 36, NO. 60— SATURDAY, MARCH 27, 1971 5818 NOTICES conditions precluding increased rate excess of 21 cents per Mcf are just and 77), RI71-756 (only insofar as it relates filings in temporary certificates. reasonable or that proposed rates in ex­ to the proposed 25-cent rate under W. L. The Commission in the past generally cess of 21 cents per Mcf are necessarily Pickens’ FPC Gas Rate Schedule No 5) has waived conditions precluding in­ not just and reasonable. We believe, how­ RI71-758, RI71-811, RI71-425, RI71-479, ] creased rate filings above the guideline ever, that where the proposed rate for RI71-555, RI71-636 (except for the pro-' i initial rates authorized in temporary a sale of gas of the vintage involved here posed 21-cent rate under Pan American’s j certificates in those situations where in the Gulf Coast Area exceeds 21 cents FPC Gas Rate Schedule No. 92 in Docket permanent certificates are not issued per Mcf, the ultimate consumer is en­ No. RI71-636) and RI71-694 (only inso­ within 3 years. The effect of our action titled to the protection of a full 5-month far as it relates to the proposed 25-cent in the February 18 order was to eliminate suspension period. The rate of 21 cents rate under Harris’ FPC Gas Rate Sched­ whatever remains of that 3-year period per Mcf corresponds to the 22.375 cents ule No. 1), and those proposed increased in each individual case. There is no jus­ per Mcf rate limitation established for rates under Atlantic’s FPC Gas Rate tification in these inflationary times for increased rate filings in Southern Schedules Nos. 5, 6, 330, and 491 involved continuing to limit producers operating Louisiana. in Docket No. R I71-646. In the event or under temporary certificates to guideline Similarly, there are certain other sales to the extent that the just and reason­ ceiling rates originally set almost 10 in Permian, Miss., Texas RR. Dist. Nos. 2, able rates in these proceedings have not years ago.1 In these circumstances, we 3, 4, and 6, and the Aneth-Utah Area, been determined by the Commission prior consider our action in the February 18 which were not specifically mentioned by to the expiration of the respective sus­ order to be fully warranted. . New York or PGW, involving, proposed pension periods involved here, then the The general reasons for shortening increased rates above the corresponding proposed increased rates affected by this suspension period? for ' producer rate limitations imposed in Southern Louisi­ paragraph shall become effective subject filings are discussed in Order No. 423. No ana.6 These proposed increased rates to refund, as of the expiration of the useful purpose would be served by re­ shall also remain under suspension for respective suspension periods provided peating that discussion here. the full 5-month period previously herein, without any further action by New York and PGW, however, also ob­ ordered. the producer involved or by the ject to the shortened suspension periods The applications for rehearing filed by Commission. in certain specified rate proceedings. New York and PGW set forth no further By the Commission. These proceedings involve 39 sales in the facts or principles of law which were not fully considered in the February 18 [ s e a l ] K e n n e t h F. P lum b, ' Gulf Coast Area (Texas RR. Dists. Nos. Acting Secretary. 2, 3, and 4) where the producers have order, or which, having now been con­ sought increased rates ranging from 16 sidered, warrant any modification of that [FR Doc.71-4239 Filed 3-26-71:8:47 am] cents to 28 cents per Mcf and one sale order, except as hereinafter provided. For from Texas RR. Dist. No. 6, which is in the same reasons set forth in the order the Other Southwest Area, where the issued concurrently herewith denying the producer seeks an increased rate of 19 application for rehearing and request for FEDERAL RESERVE SYSTEM cents per Mcf. Most of these sales are a stay filed by New York with respect to MIDLAND NATIONAL CORP. old sales. Of the 40 proposed increased Order No. 423, we also deny New York’s rates in the Gulf Coast Area, one is at 28 request for a stay of the February 18 Notice of Application for Approval of cents, three are at 25 cents, five are at order. Acquisition of Shares of Bank 24.25 cents, four are at 22 cents, and the The Commission orders: remainder are at or below 21 cents. Both (A) The above applications for re­ Notice is hereby given that application the Gulf Coast and the Other Southwest hearing and New York’s request for a has been made, pursuant to section cases are pending before this Commis­ stay of the February 18, 1971, order in 3(a) (3) of the Bank Holding Company sion on exceptions to initial decisions by the above-entitled proceedings are de­ Act of 1956 (12 U.S.C. 1842(a)(3)), by Presiding Examiners. The just and rea­ nied, except as hereinafter provided. The Midland National Corp:, w hich is a sonable rates for sales in these areas (B) The February 18, 1971, order in bank holding company located in Mid­ should therefore be determined soon. the above-entitled proceedings is modi­ land, Tex., for prior approval by the Board of Governors of the acquisition by In the meantime, however, we believe fied so as to reimpose the suspension applicant (which presently owns 24 k the February 18 order should be modified periods ordered prior to the February 18 percent of the voting shares of Southwest so as to withdraw the shortened suspen­ order for the proposed increased rates National Bank of El Paso, El P aso, Tex J sion period for those increased rates involved in Dockets Nos. RI71-334, R I71- of the remaining 75 ^ percent, less direc* which are in excess of 21 cents per Mcf. 450 (only insofar as it relates to Humble’s FPC Gas Rate Schedules Nos. 110 and tors’ qualifying shares, of the voting As a result, those increased rates above 338), RI71-451, RI71-508, RI71-645 shares of the successor by m erger to 21 cents per Mcf will remain under su­ (only insofar as it relates to Chevron’s Southwest National Bank of El Paso, El spension for the full 5-month period FPC Gas Rate Schedule No. 26), R I71- Paso TFcx* previously ordered prior to the Febru­ 712, RI71-715, RI71-716, RI71-419, RI71- Section *3 (c) of the Act provides that 424, RI71-708 (only insofar as it relates the Board shall not approve: ary 18 order.6 (1) Any acquisition or merger or con­ We do not mean by our action to sug­ to the 25-cent rate proposed under Con­ tinental’s FPC Gas Rate Schedule No. solidation under section 3 which wou a < gest either that proposed rates not in 102), RI71-713 (only insofar as it relates result in a monopoly, or which wouia to the 25-cent rate proposed under Con­ in furtherance of any combination _ j «These guideline rates were originally set tinental’s FPC Gas Rate" Schedule No. conspiracy to monopolize or to attemp in the Commission’s Statement of General to monopolize the business of banking Policy No. 61-1 issued Sept. 24, 1960, 24 PPC any part of the United States, or ' 818. Some of these guideline rates have been «Dockets Nos. RI71-334, RI71-450 (only (2) Any other proposed acquisition or revised by subsequent amendments to that insofar as it relates to Humble’s FPC Gas merger or consolidation under sec policy statement. Rate Schedules Nos. 110 and 338, RI71-451, whose effect in any section of the coimw ® The proposed increased rates in Dockets RI71-508, RI71-645 (only insofar as it relates to Chevron’s FPC Gas Rate Schedule No. 26), may be substantially to lessen compe ; Nos RI71-425, RI71-479, RI71-555, RI71-636 tion, or to tend to create a monopoy. j (except for the proposed 21-cent rate under RI71-712, RI71-715, RI71-716, RI71-419, Pan American’s PPC Gas Rate Schedule No. RI71—424, RI71-708 (only insofar as it relates which in any other manner would be 92 in Docket No. RI71-636), and RI71-694 to the 25-cent rate proposed under Con­ restraint of trade, unless the Boar (only insofar as it relates to the proposed tinental’s FPC Gas Rate Schedule No. 102), that the anticompetitive efffc^ °f0S- 25-cent rate under Harris' PPC Gas Rate RI71-713 (only insofar as it relates to the proposed transaction are clearly ou Schedule No. 1)' and those proposed increased 25-cent rate proposed under Continental’s weighed in the public u ^ rest by tn FPC Gas Rate Schedule No. 77, RI71-756 rates under Atlantic’s PPC Gas Rate Sched­ probable effect of the tew y«** $ ules Nos. 5, 6, 330, and 491 involved in (only insofar as it relates to the proposed meeting the convenience and neeua Docket No. RI71-646 are affected by this 25-cent rate under W. L. Pickens FPC Gas determination. Jlate Schedule No. 5), RI71-758 and RI71-811. the community to be served.

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 NOTICES 5819

Section 3(c) further provides that, in estate until well after the 1971 Annual every case, the Board shall take into SECURITIES AND EXCHANGE Meeting of Shareholders of ASAIC which consideration the financial and man­ is scheduled to be held on April 26, 1971. agerial resources and future prospects of COMMISSION The directors of SAIA prior to Mr. the company or companies and the Engelhard’s death were Mr. Engelhard, banks concerned, and the convenience [812-2913] Nicholas Brady, John H. F. Haskell, Jr., and needs of the community to be served. AMERICAN-SOUTH AFRICAN INVEST­ Ian MacPherson, and D. J. Gevisser. Mr. Not later than thirty (30) days after MENT CO., LTD. AND SOUTH AF­ Brady is president and Mr. Haskell is a the publication of this notice in the F ed ­ vice president of Dillon, Read & Co., Inc. RICAN INVESTMENT ADVISER eral R egister, comments and views re­ Mr. Engelhard was chairman of the garding the proposed acquisition may be (PROPRIETARY) LTD. board of SAIA for many years prior to filed with the Board. Communications Notice of Application for Exemption his death, and Mr. MacPherson has been should be addressed to the Secretary, for many years, and still is, managing Board of Governors of the Federal Re­ M arch 22, 1971. director and treasurer of SAIA. As man­ serve System, Washington, D.C. 20551, Notice is hereby given that an applica­ aging director, Mr. MacPherson is The application may be inspected at the tion has been filed pursuant to Section charged with the supervision and m an­ office of the Board of Governors or the 6(c) of the Investment Company Act of agement of the affairs of SAIA. The next Federal Reserve Bank of Dallas. 1940 (Act) by American-South African annual shareholders meeting for the By order of the Board of Governors, Investment Co., Ltd. (ASAIC), 54 Mar­ election of directors of SAIA is scheduled March 18, 1971. shall Street, Johannesburg, South Africa, to be held in December 1971. a registered closed-end management in­ The transfer indirectly to the estate [seal! K e n n e t h A. K e n y o n , vestment company, and South-African of Charles W. Engelhard of the securi­ Deputy Secretary. Investment Adviser (Proprietary) Ltd. ties of SAIA previously owned indirectly [FR Doc.71-4296 Filed 3-26-71;8:52 am ]. (SAIA), the investment adviser to by Mr. Engelhard may be deemed, pur­ ASAIC. The application requests an order suant to sections 2(a) (4), 2(a) (9), and of the Commission exempting SAIA from 15(a) (4) of the Act, to have constitued an the requirements of section 15(a) of the assignment of the Investment Advisory GENERAL SERVICES Act and exempting ASAIC from the Agreement between ASAIC and SAIA requirements of section 15(c) of the Act and to have terminated such Agreement. ADMINISTRATION from the time of Mr. Charles W. Engle- On March 9, 1971 the board of directors [Federal Property M anagem ent Regs., hard's death on March 2, 1971, until the of ASAIC, and on March 15, 1971, the Temporary Reg. F-94] final adjournment of the 1971 Annual board of directors of SAIA, approved the Shareholders Meeting of ASAIC, which terms of the investment advisory agree­ SECRETARY OF DEFENSE meeting is scheduled to be held on ment in effect prior to Mr. Engelhard’s Delegation of Authority April 26, 1971, thereby permitting SAIA death and readopted it. tc serve as investment adviser to ASAIC The annual meeting of shareholders 1. Purpose. This regulation delegates during that period. All interested persons of ASAIC is scheduled to be held on authority to the Secretary of Defense to are referred to the application on file April 26, 1971. The application states represent the consumer interest ’of the with the Commission for a full statement that it is impractical to hold a special Federal Government in a gas service of the representations therein, which are meeting of shareholders of ASAIC to act rate proceeding. summarized below. on the investment advisory agreement 2. Effective date. This regulation is ef­ The shareholders of ASAIC at its an­ before April 26, 1971. nual meeting on April 27,1970, approved fective immediately. Section 15(a) of ttye Act .provides, an Investment Advisory Agreement be­ 3. Delegation, a. Pursuant to the au­ among other things, that it shall be un­ thority vested in me by the Federal Prop­ tween ASAIC and SAIA. Dillon, Read & Co., Inc., owns 50 percent of the outstand­ lawful for any person to serve or act as erty and Administrative Services Act of investment adviser of a registered in­ 1949, 63 Stat. 377, as amended, particu- ing shares of SAIA. Mr. Englehard on March 2, 1971, owned indirectly, 50 per­ vestment company except pursuant to a hriy sections 201(a) (4) and 205(d) (40 written contract which has been ap­ o£.C. 481(a) (4) and 486(d) ), authority cent of the outstanding shares of SAIA. On March 2,1971, Mr. Engelhard died. proved by the vote of a majority of the is delegated to the Secretary of Defense outstanding voting securities of such reg­ t° represent the consumer interests of the As a result of his death, his indirect ownership of 50 percent of the outstand­ istered investment company and pro­ executive agencies of the Federal Gov­ vides, in substance, for its automatic ernment before the Florida Public Serv­ ing shares of SAIA was transferred to his estate by operation of law. The execu­ termination in the event of its assign­ ice Commission in a proceeding (Docket ment by the investment adviser. «0. 71001-GU) involving gas service tors named in his will are his widow, a rates of the Gulf Natural Gas Corp., resident of New Jersey, Edward G. Beim- Section 15(c) provides, among other honda Gas Co., Miller Gas Co., Peoples fohr, a resident of New Jersey, and D. J. things, that it is unlawful for any reg­ System, Inc., and City Gas Company right indirectly to vote the shares of istered investment company having a of Florida. SAIA formerly owned indirectly by Mr. board of directors to enter into, renew, or perform any investment advisory con­ b- The Secretary of Defense may re- Engelhard and now owned indirectly by his estate. tract unless the terms of the contract nffl -i authority to any officer, and any renewal thereof are approved ®la*> °r employee of the Department Under the terms of Mr. Engelhard’s °i Defense. will, the major portion of his estate, by a majority of the directors who are after payment of taxes, is left for the not parties to such contract or affiliated authority shall be exercised in benefit of his widow and his children. persons of any such party or by the vote .ordai}ce with the policies, procedures, The division of the property in the estate of a majority of the outstanding voting a controls prescribed by the General may be made in terms of value rather securities of such company. Administration, and further, than in kind, and it will not be possible Section 6(c) of the Act provides that ii be exercised in cooperation with the to determine how the assets of the de­ the Commission, by order upon applica­ jgg^sible officers, officials, and employ- ceased will be distributed until the assets tion, may conditionally or uncondition­ of the estate have been valued and its ally exempt any person or transaction D&ted: March 2 2 ,1 9 7 1 . liabilities determined and satisfied. The from any provision of the Act or of any indirect ownership of the 50 percent of rule or regulation thereunder, if and to . . . R o b er t L . K tjnzig, the outstanding voting securities of the extent that such exemption is nec­ Administrator of General Services. SAIA formerly owned indirectly by Mr. essary or appropriate in the public in­ (FR Doc.71-4297 Filed 3-26-71; 8:52 am] Engelhard will, therefore, remain in his terest and consistent with the protection

FEDERAI REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 5820 NOTICES of investors and the purposes fairly in­ Section 8(f) of the Act provides, in business investment company (MESBIC) tended by the policy and provisions of pertinent part, that when the Commis­ under the provisions of the Small BusiJ the Act. sion finds that a registered investment ness Investment Act of 1958, as amended! Notice is further given that any inter­ company has ceased to be an investment (15 U.S.C. 661 et seq.) (Act). The pro-1 ested person may, not later than April 8, company, it shall so declare by order, and posed officers and directors are as| 1971 at 5:30 p.m., submit to the Com­ that upon the effectiveness of such order, follows : mission in writing a request* for a hear­ which may be issued upon the Commis­ Fred Hervey, 904 Magoffin Avenue, El Paso| ing on the matter accompanied by a sion’s own motion where appropriate, the TX 79901, President, Director. statement as to the nature of his inter­ registration of such company shall cease John A. Gillett, Jr., 2810 West CamelbackJ est, the reason for such request and the to be in effect. Phoenix, AZ 85017, Director. issue of fact or law proposed to be con­ Notice is further given that any inter­ K en neth L. Carroll, 900 Magoffin Avenue, Ei| troverted, or he may request that he be ested person may, not later than April 15, Paso, TX 79901, Director. notified if the Commission should order 1971, at 5:30 p.m., submit to the Com­ The stock of the company will be! a hearing thereon. Any such communi­ mission in writing a request for a hear­ wholly owned by Circle K Corp., cation should be addressed: Secretary, ing on the matter accompanied by a Magoffin Avenue, El Paso, TX 79901J Securities and Exchange Commission, statement as to the nature of his inter­ which operates a chain of approximately 500 North Capitol Street, Washington, est, the reasons for such request, and the 450 convenience stores (grocery stores)! DC 20549. A copy of such request shall issues of fact or law proposed to be con­ The applicant, a Texas corporation] be served personally or by mail (airmail troverted, or he may request that he be will begin operations with $200,000 of] if the person being served is located notified if the Commission should order paid-in capital and surplus co n sistin g of] more than 500 miles from the point of a hearing thereon. Any such communi­ 200,000 shares of common stock issued| mailing) upon applicants at the address cations should be addressed: Secretary, at $1 per share. As a MESBIC, th e com­ stated above and care of Ernest B. Tracy, Securities and Exchange Commission, pany’s investment policy is that its inr 46 William Street, New York, NY 10005. Washington, D.C. 20549. A copy of such vestments will be made solely to small! Proof of such service (by affidavit or in request shall be served personally or by business concerns which will contribute] case of an attorney, at law certificate) mail (airmail if the person being served to a well-balanced national economy by] shall be filed contemporaneously with is located more than 500 miles from the facilitating the acquisition or mainte-f the request. At any time after said date, point of mailing) upon Pacific at the nance of ownership in such sm a ll busi-l as provided by Rule 0—5 of the rules and address stated above. Proof of such serv­ ness concerns by persons w hose partici-^ regulations promulgated under the Act, ice (by affidavit or in case of an attorney pation in the free enterprise system is] an order disposing of the application at law by certificate) shall be filed con­ hampered because of social or economic herein may be issued by the Commission temporaneously with the request. At any disadvantages. The applicant w ill not] upon the basis of the showing contained time after said date, as provided by Rule concentrate its investments in jany pai;-! in said application, unless an order for 0-5 of the rules and regulations promul­ ticular industry but will invest in diver-| hearing upon said application shall be gated under the Act, an order disposing sified enterprises. issued upon request or upon the Com­ of the application herein may be issued Matters involved in CBA’s considera­ mission’s own motion. by the Commission upon the basis of the tion of the application include th e g e n j information stated in said application, eral business reputation and character! For the Commission, by the Division unless an order for hearing thereon of the management, and the probability] of Corporate Regulation, pursuant to shall be issued upon request or upon the of successful operations of t h e n ew com-1 delegated authority. Commission’s own motion. Persons who pany under their management, including! [ s e a l ] R o sa l ie F. S c h n e id e r , request a hearing or advice as to whether adequate profitability and fin a n c ia l Recording Secretary. a hearing is ordered will receive notice of soundness in accordance with the Act| [FR Doc.71-4278 Filed 3-26-71;8:50 am] further developments in this matter, in­ and Regulations. _ cluding the date of the hearing (if Notice is further given that a n y in ter-r ordered) and any postponements thereof. ested person may, not later t h a n 10 days! [811-1379] For the Commission, by the Division of from the date of publication of thisi ENGINEERED ROYALTIES, INC. Corporate Regulation, pursuant to dele­ notice, submit to SBA, in writing, reiej gated authority. vant comments on the proposed com. pany. Any communication s h o u ld be ad-' Notice of Proposal To Terminate [ s e a l ] R o sa l ie F. S c h n e id e r , dressed to: Associate Adm inistrator fori Registration Recording Secretary. Investment, Small Business Administraj M arch 22, 1971. [FR Doc.71-4279 Filed 3-26-71:8:50 am] tion, 1441 L Street NW„ Washington, DC Notice is hereby given that the Com­ 20416. . . .1 mission proposes, pursuant to section A copy of this notice shall be publisneoi 8(f) of the Investment Company Act of in a newspaper of general circulation U| 1940 (Act), to declare by order upon its SMALL BUSINESS El Paso, Tex. own motion that Engineered Royalties, , A. H. S inger, Inc.. (Royalties), c/o Cruttenden & Co., ADMINISTRATION Associate Administrator for Investment. Inc., 4500 Campus Drive, Newport Beach, [Proposed License No. 10/10-5158] CA 92660, registered under the Act as a CIRCLE K INVESTMENT CORP. March 17, 1971. closed-end, nondiversified, management [FR Doc.71-4269 Filed 3-26-71;8:49 am] investment company, has ceased to be Notice of Application for a License as an investment company. a Minority Enterprise Small Business On March 28, 1966, Pacific filed a Investment Company GOLD COAST CAPITAL CORP. notification of registration under the Act. Commission records disclose that Notice is hereby given concerning the Approval of Application for T r a jH Royalties does not intend to make a filing of an application with the Small of Control of a Licensed Small Busi | public offering of its securities, has no Business Administration (SBA) pursu­ ness Investment Company assets, and no security holders. ant to section 107.102 of the Regulations Section 3 (c )(1 ) of the Act provides, Governing Small Business Investment On March 5, 1971, a notice of w asp in pertinent part, that any issuer whose Companies (13 CFR Part 107; 33 F.R. tion for transfer of control 91 outstanding securities are beneficially 326) under the name of Circle K Invest­ in the F ederal Register (36 * J owned by not more than 100 persons and ment Cbrp., 900 Magoffin Avenue, El stating that an application injS.l filed with the Small Business A| which is not making and does not Paso, TX 79901, for a license to operate presently propose to make a public offer­ in the States of Texas, New Mexico, Ari­ tration pursuant to § 107-70o1rifn2 smalli zona, California, Oregon, Idaho, and rules and regulations governing | ing of its securities is not an investment Business Investment Companies w * company within the meaning of the Act. Montana as a minority enterprise small

FEDERAL REGISTER. VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 NOTICES 5821

¡326,13 CFR Part 107) for transfer of section 337 of the Tariff Act of 1930 in­ City office of the Commission located in L ntrol of Gold Coast Capital Corp„ volving certain panty hose which is em­ Room 437 of the Customhouse. bjceose No. 05/05-0010,1451 North Bay- braced within the claim of UB. Patent Complainant requested that the Com­ shore Drive, Miami, F L 33132, a Federal No. Be. 25,360. Tights, Inc., of Greens­ mission recommend to the President the licensee under the Small Business In - boro, N.C., alleged unfair methods of issuance of a temporary exclusion order vestment Act of 1958, as amended (15 competition and unfair acts of the im­ in accordance with the provisions of sec­ RJ.S.C. 661etseq.>. portation and sale of panty hose manu­ tion 337(f) of the Tariff Aet of 1930. [ interested persons were given until the factured in accordance with the claim of Commissioners Clubb, Leonard, and Lose of busine® March 15, 1970, to sub­ the patent owned by the complainant, Moore recommended a temporary exclu­ bit their written comments to SBA. No the effect or tendency of which is to sion order with Presiding Commissioner [comments were received. destroy or substantially injure an indus­ Sutton dissenting. Commissioner Young I SBA, having considered the applica­ try, efficiently and economically oper­ did not participate in this decision. The tion and all other pertinent information ated, in the United States. recommendations are being forwarded [and facts with regard thereto, hereby Commissioners Clubb, Leonard, and to the President for his consideration, approves the application for transfer of Moore recommend that, pursuant to the and his determination as to the issuance Control to Messrs. Morris Bayroff and- authority in section 337(f) of the Tariff of a temporary exclusion order in ac­ ¡William I. Gold. Act, the President request the Secretary cordance with section 337(f). A. H. S in g er , of the Treasury to forbid entry into the Issued; March 24, 1971. Associate Administrator United States, except under bond, of for Investment. panty hose which is embraced within the By order of the Commission. March 17, 1971. claim of U.S. Patent No. Re. 25,360, ex­ [ s e a l ] K e n n e t h R . M ason, |FR Doc.71-4270 Filed 3-26-71; 8:49 am] cept where the importation is made Secretary. under license of the registered owner of the said patent. Presiding Commissioner [FR Doc.71-4299 Filed 3-26-71;8:52 am] (Declaration of Disaster Loan Area 8i2] Sutton recommends that this action not TEXAS be taken. The Commission (Commis­ [AA1921—75] sioner Young not participating) ordered EGGS FROM MEXICO Declaration of Disaster Loan Area the institution of a full investigation. Whereas, it has been reported that Copies of the Commission’s report are Notice of Investigation and Hearing available upon request as long as the ¡during the month of March 1971, because Having received advice from the limited supply lasts. Requests should be of the effects of certain disasters damage Treasury Department on March 22,1971, resulted to residences and business prop­ addressed to the Secretary, U.S. Tariff that chicken eggs in the shell from Mex­ erty located in the State of Texas; Commission, Eighth and E Streets NW„ ico are being, and are likely to be, sold I Whereas, the Small Business Admin­ Washington, DC 20436. in the United States at less than fair istration has investigated and has re­ By order of the Commission. value, the UB. Tariff Commission has ceived other reports of investigations of instituted an Investigation under section conditions in the areas affected; ( s e a l ] K e n n e t h R. M ason, Secretary. 201(a) of the Antidumping Act, 1921, as [Whereas, after reading and evaluating amended (19 U.S.C. 160(a)), to deter­ reports of such conditions, I find th at the (FR Doc.71-4298 Filed 3-26-71;8:52 am] mine whether an industry in the United conditions in such areas constitute a States is being or is likely to be injured, ¡catastrophe within the purview of the or is prevented from being established, Small Business Act, as amended. ]337—25] by reason of the importation of such I Now, therefore, as Administrator of merchandise into the United States. [the Small Business Administration, I PANTY HOSE HEARING. A public hearing in con­ [hereby determine that; Notice of Investigation and | 1. Applications for disaster loans nection with the investigation will be Temporary Exclusion Order Action FW®r the provisions of section 7(b) (1) held in the Tariff Commission’s Hearing Room, Tariff Commission Building, F ™e Small Business Act, as amended, ~ A complaint was filed with the United Eighth and E Streets NW., Washington, may be received and considered by the States Tariff Commission on January 30, D.C., beginning a t 10 a.m., e.d.s.t., on pffice below indicated from persons or 1970, by Tights, Inc., of Greensboro, N.C., May 3, 1971. AH parties will be given jhnns whose property situated in Bowie alleging unfair methods of competition opportunity to be present, to produce P^ty, Tex., suffered damage or de- and unfair acts in the importation and evidence,'and to be heard at such hear­ [struction resulting from tornado occur- sale of certain panty hose which is em­ ing. Interested parties desiring to appear on March 1 6 ,1 9 7 1 . braced within the claim of U.S. Patent a t the public hearing should notify the No. Re. 25,360 owned by the complainant Office Secretary of the Tariff Commission, in in violation of the provisions of section writing, at its offices in Washington, D.C., Him! A dm inistration D istrict Office, 337 of the Tariff Act of 1930 (19 U.S.C. 005 East Travis Street, M arshall, T X 75670. at least 5 days in advance of the date set 1337). Having conducted in accordance for the hearing. I J h ^?P^cahions for disaster loans with section 203.3 of the Commission’s win S® authority of this declaration rules of practice and procedure (19 CFR Issued: March 24, 1971. wu * accePted subsequent to Sep­ 203.3) a preliminary inquiry with respect By order of the Commission. tember 30, 1971. to the matters alleged in the said com­ °ated; March 18,1971. plaint, the U.S. Tariff Commission, on [ s e a l ] K e n n e t h R . M ason, October 15, 1970; Ordered, That, for the Secretary. T h om as S . K l e p p e , purposes of section 337 of the Tariff Act [FR Doc.71-4300 Filed 3-26-71;8:52 am] Administrator. of 1930, an investigation is instituted (in Doc.71-4271 Hied 3-26-71;8:49 am ] with respect to the alleged violations in the importation and sale in the United States of the said panty hose. DEPARTMENT OF LABOR Public notice of the receipt of the TARIFF COMMISSION complaint was published in the F edera l Office of Hie Secretary R e g is t e r for February 18, 1970 (35 F J4. ARISTA MILLS CO. CERTAIN PANTY HOSE 3139-40) and the complaint was served ^commendation for Temporal on the parties named in the complaint Notice of Investigation Regarding Cer­ I exclusion Order in Importation and has been available for inspection by tification of Eligibility of Workers To interested persons continuously since is­ Apply for Adjustment Assistance L renLTarl ^ CommTssion today relea suance of the notice, at the Office of the investi ^ flings in a prelimin Secretary located in the Tariff Commis­ The Department of Labor has received estimation (No. 337-25) arising un sion Building, and also in the New York a Tariff Commission report containing

FEDERAL REGISTER, V O L 36, NO. 60— SATURDAY, MARCH 27, 1971 5822 NOTICES an affirmative finding under section 301 as to the service which such protestant Lubbock, Marshall, Midland, Odessa, I (c) (2) of the Trade Expansion Act of can and will offer, and must consist of a Temple, and Wichita Falls, Tex., for 1801 1962 with respect to its investigation of a signed original and six copies. days. Supporting shipper: Sun Chemical! petition for determination of eligibility A copy of the application is on file, Corp., Mr. J. Bolzak, Director of Traffic, 1 to apply for adjustment assistance filed and can be examined at the Office of the 63 i Central Avenue, Carlstadt, NJ 02072!! on behalf of former workers of Arista Secretary; Interstate Commerce Com­ Send protests to: C. L. Phillips, District I Mills Co., Winston-Salem plant, located mission, Washington^ D.C., and also in Supervisor, Interstate Commerce Com-1 a t Winston-Salem, N.C. (No. TEA -W - field office to which protests are to be mission, Bureau of Operations, Room! 57). In view of the report and the re­ transmitted. 240, Old Post Office Building, 215 North-] west Third, Oklahoma City, OK 73102. ] sponsibilities delegated to the Secretary M otor C a r r ier s o f P r o p e r t y of Labor under section 8 of Executive No. MC 112750 (Sub-No. 270 TA), filed No. MC 5466 (Sub-No. 1 TA ), filed Order 11075 (28 F.R. 437), the Director, March 19, 1971. Applicant: AMERICAN! March 22, 1971. Applicant: FRANK & Office of Foreign Economic Policy, Bu­ COURIER CORPORATION, 2 Nevada ] BROTHERS MOVING CO., INC., 240 reau of International Labor Affairs, has Drive, Lake Success, NY 11040. Appli-j East 152d Street, Bronx, NY 10451. Ap­ instituted an investigation, as provided chit’s representative: John M. Delany] plicant’s representative: Brodsky, Linett in 29 CFR 90.5 and this notice. The in­ (same address as above). Authority] & Altman, 1776 Broadway, New York, NY vestigation relates to the determination sought to operate as a contract carrier,] 10019. Authority sought to operate as a of whether any of the group of workers by motor vehicle, over irregular routes, I common carrier, by motor vehicle, over covered by the Tariff Commission report transporting: Commercial papers, docu-\ irregular routes, transporting: Used should be certified as eligible to apply for ments, written instruments and business I household goods, in containers, between adjustment assistance, provided for records (except coin, currency, bullion, points in the New York Commercial Zone, under Title III, Chapter 3, of the Trade and negotiable securities), as are used in Expansion Act of 1962, including the de­ on the one hand, and, on the other, points thé business of banks, and banking insti­ in New York, for 180 days. Supporting termination of related subsidiary sub­ tutions, between Augusta and Savannah, j shippers: Swift Home-Wrap, Inc., 105 jects and matters, such as the daté un­ Ga., on the one hand, and, on the other, Leonard Street, New York, NY 10013; In- employment or underemployment began Charlotte, N.C., between Danville, or threatened to begin and subdivision terconex, Inc., 22 East 67th Street, New Lynchburg, Martinsville, and Roanoke, York, NY 10021. Send protests to: Marvin of the firm involved to be specified in any Va., on the one hand, and, on the other, cértification to be made, as more specifi­ Kampel, District Supervisor, Interstate Charlotte and Raleigh, N.C., for 180 days. cally provided in Subpart B of 29 CFR Commerce Commission, Bureau of Op­ Supporting shipper: North Carolina Na­ Part 90. erations, 26 Federal Plaza, New York, tional Bank, Post Office Box 120, Char-j Interested persons should submit writ­ NY 10007. lotte, NC 28201. Send protests to: An­ ten data, views, or arguments relating to No. MC 107515 (Sub-No. 742 T A ), filed thony Chiusano, D is tr ic t Supervisor, j the subjects of investigation to the Di­ March 22, 1971. Applicant: REFRIGER­ Interstate Commerce Commission, Bu-j rector, Office of Foreign Economic Pol­ ATED TRANSPORT CO., INC., Post Of­ reau of Operations, 26 Federal Plaza, J icy, U.S. Department of Labor, Wash­ fice Box 308, Forest Park, GA 30050, also: New York, NY 10007. j ington, D.C., on or before March 31, 3901 Jonesboro Road SE. Applicant’s rep­ 1971. resentative: Alan E. Serby, Suite 1600, No. MC 113666 (Sub-No. 53 TA), filed 1 First Federal Building, Atlanta, GA March 19, 197Ï. Applicant: FREEPORT! Signed at Washington, D.C., this 23d TRANSPORT, INC., 1200 Butler Road,! day of March 1971. 30303. Authority sought to operate as a common carrier, by motor vehicle, over Freeport, PA 16229. Applicant’s repre-| E dgar I. E aton, irregular routes, transporting: Meats, sentative: Daniel R. Smetanick (samel Director, Office of Foreign meat products, meat byproducts, and address as above). Authority sought to I Economic Policy. articles distributed by meat packing­ operate as a common carrier, by motor I houses, as described in Appendix I, sec­ vehicle, over irregular routes, transport-1 [FR Doc.71-4306 Filed 3-26-71;8:52 am] ing: Pulverized limestone, J tions A, C, and D to the report in Descrip­ from Harris- tions in Motor Carrier Certificates, 61 ville, Pa., to points in West Virginia, for 1 180 days. Supporting shipper: M.C.C. 209 and 766, and equipment, Allegheny] materials, and supplies used in the con­ Mineral Corp., Post Office Box 10, Kit-] INTERSTATE COMMERCE tanning, PA 16201. Send protests to. I duct of meat packing business, from the John J. England, District Supervisor,] plantsite and other -facilities of Ulini Interstate Commerce Commission, Bu-] COMMISSION Beef Packers, Inc., at Joslin, 111., to points reau of Operations, 2111 Federal in Alabama, Florida, Georgia, Louisiana, Build-j [Notice 268] ing, 1000 Liberty Avenue, PA| Mississippi, North Carolina, South Caro­ Pittsburgh, MOTOR CARRIER TEMPORARY lina, Virginia, and Tennessee, for 180 15222. AUTHORITY APPLICATIONS days. Supporting shipper: mini Beef No. MC 113843 (Sub-No. 167-TA] > j M arch 24,1971. Packers, Inc., 221 North LaSalle Street, March 18, 1971. Applicant: REFRIGER­ Chicago, IL 60601. Send protests to: Wil­ ATED FOOD EXPRESS, INC., 316 Sum-1 The following are notices of filing of liam L. Scroggs, District Supervisor, In­ mer Street, É os ton, MA 02210. Authori y j applications for temporary authority terstate Commerce Commission, Bureau sought to operate as a common carne , j under section 210a (a) of the Interstate of Operations, Room 309, 1252 West by motor vehicle, over irregular ’ Commerce Act provided for under the Peachtree Street NW., Atlanta, GA 30309. transporting: (1) Meat, meat P^aitc ’ | new rules of Ex Parte No. MC-67 (49 CFR No. MC 111401 (Sub-No. 324 T A ), filed meat byproducts and articles P art 1131) published in the F edera l R eg ­ by meat packinghouses, as described i is t e r , issue of April 27, 1965, effective March 18, 1971. Applicant: GROEN- appendix 1, sections A\C' July 1, 1965. These rules provide that DYKE TRANSPORT, INC., 2510 Rock Island Boulevard, Enid, OK 73701, also: report in Descriptions m Motor C’am protests to the granting of an applica­ Certificates, 61 M.C.C. 209 and 766, ana Post Office Box 632, Enid, OK. Appli­ tion must be filed with the field official (2) equipment, materials and SUPP^> j cant’s representative: Victor Comstock named in the F ed era l R e g is t e r publica­ used in the conduct of meatpac tion, within 15 calendar days after the (same address as above). Authority sought to operate as a common carrier, businesses, from Joslin, HI., to P°“* date of notice of the filing of the appli­ Connecticut, Delaware, Maine, Mary by motor vehicle, over irregular routes, cation is published in the F ed era l R eg ­ land, Massachusetts, New Ha^ ^ ia’ is t e r . One copy of such protests must transporting: Printing ink; in bulk, from Tulsa, Okla., to Shreveport, La., St. New Jersey, New York, Pennsy be served on the applicant, or its author­ Rhode Island, Vermont, Vmgima, W Petersburg, Fla., Gulfport and Meridian, ized representative, if any, and the pro­ Virginia, and the District of Co tests must certify that such service has Miss., Lincoln, Nebr., Clovis, N. Mex., been made. The protests must be specific Austin, Beaumont, Grand Prairie, for 180 days. Supporting shipper: i

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 NOTICES 5823

Beef Packers, Inc., Joslin, HI. Send pro­ Highway Northeast, Salem, OR; W. R. routes, transporting: Cove base, for the tests to: John B. Thomas, District Super­ Cummings, Box 28, Fern Hill Station, account of Roberts Consolidated Indus­ visor, Bureau of Operations, Interstate Tacoma, WA; F. E. Peery, 4885 Prairie tries, Inc., from City of Industry, Calif., Commerce Commission, 211-B John P. Road, Junction City, OR; Norman L. to points in the United States (except Kennedy Federal Building, Government Hux, 9000 Northeast Union, Portland, Alaska, Hawaii, California, Nevada, Ore­ Center, Boston, MA 02203. OR; N. E. Norton, 11412 Northeast 26th gon, Washington, Idaho, Montana, and Avenue, Vancouver, WA 98665; C. W. Wyoming), for 150 days. Supporting No. MC 117592 (Sub-No. 4 T A ), filed Bernards, Route 2, Box 211, McMinnville, March 19, 1971. Applicant: GERALD L. shipper: Roberts Consolidated Indus­ OR. Send protests to: Interstate Com­ tries, Inc., 600 North Baldwin Park Bou­ KRAMER, Rural Delivery No. 4, Quaker- merce Commission, Bureau of Opera­ town, PA 18951. Applicant’s representa­ levard, City of Industry, CA 91747. Send tions, 401 U.S. Post Office, Spokane, WA protests to: John E. Nance, District Su­ tive: Kenneth R. Davis, 999 Union Street, 99201. Taylor, PA 18517. Authority sought to pervisor, Interstate Commerce Commis­ operate as a contract carrier, by motor No. MC 119669 (Sub-No. 20 TA), filed sion, Bureau of Operations, Room 7708, vehicle, over irregular routes, transport­ March 18, 1971. Applicant: TEMPCO Federal Building, 300 Los Angeles Street, ing: (1) Ground or pulverized ores, min­ TRANSPORTATION, INC., 546 South Los Angeles, CA 90012. erals, and metaUics, in dump-type or flat 31 A, Columbus, IN 47201. Applicant’s No. MC 127042 (Sub-No. 76 T A ), filed bed semitrailers, from Greenville, Pa., representative: Donald McCameron March 18, 1971. Applicant: HAGEN, to points in Pennsylvania, New • York, (same address as above). Authority INC., Post Office Box 6, Leeds Station, New Jersey, and Maryland (2) ores, min­ sought to operate as a common carrier, 4120 Floyd Boulevard, Sioux City, IA erals, and metallics, to be processed, in by motor vehicle, over irregular routes, 51108. Authority sought to operate as a dump-type or on flat bed semitrailers, transporting: (1) Meat, meat products, common carrier, by motor vehicle; over from points in Pennsylvania, New York, meat byproducts, and articles distributed irregular routes, transporting: Meat, New Jersey, and Maryland, to East by meat packinghouses, as described in meat products, and meat byproducts, Greenville, Pa., for 180 days. Supporting Appendix 1 to the report in Descriptions and articles distributed by meat packing­ shipper: AMSAT Corp., Custom Pulver­ in Motor Carrier Certificates, 61 M.C.C. houses, as described in sections A, C, and izing Division, Post Office Box 95, East 209 and 766 and (2) equipment, materi­ D of Appendix -1 to the report in the Greenville, PA 18041. Send protests to: als, and supplies used in the conduct of description cases, from the plantsite and P. W. Doyle, District Supervisor, Inter­ meat packing businesses, between the storage facilities utilized by Beefland In­ state Commerce Commission, Bureau of plantsite and warehouse facilities of II- ternational, Inc., at Council Bluffs, Iowa, Operations, 1518 Walnut Street, Room lini Beef Packers, Inc., at or near Joslin, and Omaha, Nebr., to points in Arizona, 1600, Philadelphia, PA 19102. HI., on the one hand, and, on the other, California, Illinois, Indiana, Kansas, points in Alabama, Arkansas, Flor­ Michigan, Minnesota, Missouri, Nevada, No. MC 118039 (Sub-No. 14 TA), filed ida, Georgia, Kentucky, Louisiana, Mis­ March 22, 1971. Applicant: MUSTANG Oregon, Utah, Washington, and Wiscon­ sissippi, Missouri, North Carolina, South sin, for 180 days. Supporting shipper: TRANSPORTATION, INC., 856 W arner Carolina, Tennessee, Connecticut, Dela­ Street SW., Atlanta, GA 30310. Appli­ Beefland International, Inc., 2700 23d ware, New Hampshire, Maine, Maryland, Avenue, Council Bluffs, IA 55501. Send cant’s representative; Virgil H. Smith, Massachusetts, New Jersey, New York, Suite 431, Tile Building, Atlanta, GA protests to: Carroll Russell, District Su­ Pennsylvania, Rhode Island, Vermont, pervisor, Interstate Commerce Commis­ 30303. Authority sought to operate as Virginia, West Virginia, and the District a common carrier, by motor vehicle, over sion, Bureau of Operations, 304 Post Of­ of Columbia, for 180 days. Supporting fice Building, Sioux City, IA 51101. irregular routes, transporting: Carpets, shipper: Hlini Beef Packers, Inc., Joslin, carpeting, carpeting remnants and rugs, HI. Send protests to: James W. Haber- No. MC 128075 (Sub-No. 11 TA), filed from plantsite and warehouse of Vernon mehl, District Supervisor, Interstate March 18, 1971. Applicant: LEON Carpet Mills, Inc., Randolph County, Commerce Commission, Bureau of Op­ JOHNSRUD, Cresco, IA 52136. Appli­ Ala., to points in the United States (ex­ erations, Room 802, Century Building, cant’s representative: F. O. Magdefrau, cept Alaska and Hawaii), for 120 days. 36 South Pennsylvania Street, Indianap­ 1451 East Grand Avenue, Des Moines, IA Supporting shipper: Vernon Carpet olis, IN 46204. 50306. Authority sought to operate as a Mills, Inc., Post Office Box D-300, W e- common carrier, by motor vehicle, over dowee, AL 36278. Send protests to: Wil­ No. MC 123490 (Sub-No. 15 T A ), filed irregular routes, transporting: (1) Meats, liam L. Scroggs, District Supervisor, March 22, 1971. Applicant: CHIP CAR­ meat products, and meat byproducts and Interstate Commerce Commission, Bu­ RIERS, INC., 927 32d Avenue, Council articles distributed by meat packing­ reau of Operations, Room 309, 1252 West Bluffs, LA 51501, also mail: Post Office houses, as described in sections A and C Peachtree Street NW., Atlanta, GA Box 894. Applicant’s representative: Ei- of appendix 1 to the report in Descrip­ 30309. nar Viren, 904 City National Bank Build­ tions in Motor Carrier Certificates, 61 ing, Omaha, NE 68102. Authority sought No. MC 119426 (Sub-No. 7 TA ), filed M.C.C. 209 and 766 (except hides and to operate as a contract carrier, by motor commodities in bulk); and (2) food­ March 18,1971. Applicant: COOKSTET- vehicle, over irregular routes, transport­ JER HORSE VAN SERVICE, INC., Box stuffs (except commodities in bulk), ing: Urethane, polyurethane, foam pads when moving in the same vehicle with "1* Coeur D’Alene, ID 83814. Applicant’s or padding used for mattresses or up­ eprescntative: Donald A. Ericson, Suite the commodities listed in (IX above; holstery, from Council Bluffs, Iowa, to from the plantsite and warehouse facili­ Old National Bank Building, Spo- Newton, Kans., and Tulsa, Okla., for Kane, WA 99201. Authority sought to ties of George A. Hormel & Co., at Austin, 150 days. Supporting shipper: Future Minn., to points in Maine, Massachusetts, Perate as a common carrier, by motor Foam, Inc., 400 North 10th Street, Coun­ New York, Pennsylvania, West Virginia, W r r over irre&ular routes, transport- cil Bluffs, Iowa 51501. Send protests to: i Worses, other than ordinary, and Vermont, Connecticut, New Jersey, Dela­ Carroll Russell, District Supervisor, In­ ware, Virginia, Tennessee, New Hamp­ « same vehicle with such horses, terstate Commerce Commission, Bureau shire, Rhode Island, District of Columbia, ooie supplies and equipment used in of Operations, 705 Federal Office Build­ f e}T enre, mascots, and the personal ef- ing, Omaha, NE 68102. Maryland, and points in Hertford r w ° attendants, between points in County, N.C., for 180 days. Supporting ¡¡¡¡J0*} and points in California, for 180 No. MC 124796 (Sub-No. 84 T A ), filed shipper: Geo. A. Hormel & Co., Post Of­ «ays. Supporting shippers: Geraldine H. March 19, 1971. Applicant: CONTINEN­ fice Box 800, Austin, MN 55912. Send Rna,f0^ 20451 South Central Point TAL CONTRACT CARRIER CORP., protests to: Herbert W. Allen, Transpor­ ¡ 3 J?regon City, OR 97045; Seaside 15045 East Salt Lake Avenue, Post Office tation Specialist, Interstate Commerce sip *Srm’ Inc., Route 1, Box 190, Sea- Box 1257, City of Industry* CA 91747. Ap­ Commission, Bureau of Operations, 332 ¿OR 97138; Henry W. Turk, Post plicant’s representative: William J. Federal Building, Davenport, IA 52801. M c w ?OXt,694’ °rants Pass, OR; Knute Monheim , (same address as above). Au­ No. MC 133608 (Sub-No. 2 TA ), filed K flfw ’ Rlveria Motors, 2400 Southeast thority sought to operate as a contract March 22, 1971. Applicant: LESTER C. I 1*1’ Beaverton, OR; C. E. Gregg, 1860 carrier, by motor vehicle, over irregular DENZIN, doing business as L. C. DENZIN

No. 60------8 FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 5824 NOTICES

TRUCKING, Route No. 1, Oakfield, W I Inc., 2 Executive Park West NE„ Atlanta, Wohlstetter, 1 Farragut Square South! 53065. Applicant’s representative: Lester GA 30329. Send protests to: District Washington, DC 20006. Authority sought C. Denzin (same address as applicant). Supervisor John C. Redus, Interstate to operate as a common carrier, by motor Authority sought to operate as a contract Commerce Commission, Bureau of Oper­ vehicle, over irregular routes, transport-! carrier, by motor vehicle, over irregular ations, Post Office Box 61212, Houston, ihg: Used household goods, between routes, transporting: Forage box units T X 77061. points in Santa Barbara, San Luis] and Roll-A-Bout feeders for the account No. MC 135403 TA, filed March 19, Obispo and Ventura Counties, Calif., re­ of Denzin & Rahn Manufacturing, from 1971. Applicant: CARROL G. MILLER, stricted to the transportation of traffic Waupun, Wis., to Minneapolis, Minn.; doing business as MILLER TRANSFER & having a prior or subsequent movement, ! Batavia and Oneida, N.Y.; Des Moines, STORAGE, 31259 East Highway 66, in containers, and further restricted to Iowa; Lansing, Mich.; Memphis and Barstow, CA 92311. Applicant’s repre­ the performance of pickup and delivery Chattanooga, Tenn.; Fargo, N. Dak.; sentative: Alan F. Wohlstetter, 1 Far- service in connection with packing, crat­ Statesville, N.C.; Bald Knob, Ark.; New ragut Square South, Washington, DC ing, and containerization, or unpacking,! Paris, Ind.; Kansas City, Mo., and Sioux 20006. Authority sought to operate as a uncrating, and decontainerization of Falls, S. Dak., for 180 days. Supporting common carrier, by motor vehicle, over such traffic for 180 days. Supporting] shipper: Denzin & Rahn Manufacturing irregular routes, transporting: XJsed shippers: Four Winds Forwarding, lnc.,1 Co., Route 2, Highway 151 North, Wau­ household goods, between points in Los Post Office Box 2184, San Diego, CA pun, W I 53963 (Erwin Denzin, Presi­ Angeles, Orange, San Diego, Riverside, 92112, and Je t Forwarding, Inc., Tor­ dent). Send protests to: District Super­ Imperial, San Bernardino, Ventura, rance, CA 90503. Send protests to: John' visor Lyle D. Heifer, Interstate Commerce Kern, Santa Barbara, and San Luis E. Nance, District Supervisor, Interstate Commission, Bureau of Operations, 135 Obispo Counties, Calif., restricted to the Commerce Commission, Bureau of Qp-I West Wells Street, Room 807, Milwau­ transportation of traffic having a prior erations, Room 7708, Federal Building,! kee, W I 53203. or subsequent movement, in containers, 300 North Los Angeles Street, Los No. MC 135350 (Sub-No. 1 TA ), filed and further restricted to the performance Angeles, CA 90012. March 19,1971. Applicant: W. G. LONG, of pickup and delivery service in connec­ No. MC 135418 TA, filed March 22,! 412 Cedar Street, Weldon, NC 27890. Au­ tion with packing, crating, and con­ 1971. Applicant: ACTL J. JAGGERS thority sought to operate as a common tainerization, or unpacking, uncrating, AND CARL E. HOUGHTON, a partner­ carrier, by motor vehicle, over irregular and decontainerization of such traffic, ship, doing business as CALICO TRANS­ routes, transporting: Scrap, iron or steel for 180 days. Supporting shippers: Astron FER & STORAGE, Post Office Box 1046, crushed, such as scrap automobile and/or Forwarding Co., Post Office Box 161, Barstow, CA 92311. Applicant’s repre­ scrap automobile parts, from points in Oakland, CA 94604; Columbia Export sentative: Alan F. Wohlstetter, 1 Parra- North Carolina to points in Virginia, for Pakers, Inc., 19000 South Vermont Ave­ gut Square South, Washington, DC 180 days. Supporting Shipper: John R. nue, Torrance, CA 90502; Davidson For­ 20006. Authority sought to operate as a j Liles HI, Liles Landscaping, Littleton, warding Co., 3180 V Street NE., Wash­ common carrier, by motor vehicle, over NC 27850. Send protests to: Archie W. ington, DC 20018; Imperial Household irregular routes, transporting: Used j Andrews, District Supervisor, Bureau of Shipping Co., Inc., Post Office Box 20124, h'usehold goods, between points in San Operations, Interstate Commerce Com­ St. Petersburg, FL 33702; Jet Forwarding Bernardino and Riverside Counties, mission, Post Office Box 26896, Raleigh, Inc., 2945 Columbia Street, Torrance, CA Calif., restricted to shipments having j NC 27611. 90503; Perfect Pak Co., 1001 Westlake a prior or subsequent movement beyond Avenue North, Seattle, WA 98108. Send said points in containers and further re-; No. MC 135399 (Sub-No. 1 TA ), filed protests to: John E. Nance, District Su­ stricted to pickup and delivery services March 19, 1971. Applicant: HASKINS pervisor, Interstate Commerce Commis­ incidental to and in connection with TRUCKING, INC,, 3735 Gouldbum sion, Bureau of Operations, Room 7708 packing, crating, and containerization, Street, Houston, TX 77045. Applicant’s or unpacking, uncrating, or decontainer­ representative: J. L. Haskins (same ad­ Federal Building, 300 Los Angeles Street, Los Angeles, Calif. 90012. ization of such shipments for 180 days. dress as above). Authority sought to Supporting shippers: American Ensign operate as a common carrier, by motor No. MC 135406 TA, filed March 19, Van Service, Inc., Post Office Box 2270, vehicle, over irregular routes, transport­ 1971. Applicant: LAMAR TRUCKING, Wilmington, CA 90744; Four Winds For­ ing: Paper and paper products, pulp- INC., 19 Driscoll Street, Rockville Centre, warding, Inc., Post Office Box 2184, San board and materials, equipment, and NY. Applicant’s representative: Samuel Diego, CA 92112; and Getz Bros. & Co. supplies used in the manufacture and dis­ B. Zinder, Station Plaza East, Great Neck, (U.S.), 640 Sacramento Street, San tribution thereof (except commodities in NY 10021. Authority sought to operate as Francisco, CA 94111. Send protests to:] bulk and commodities which because of a contract carrier, by motor vehicle, over John E. Nance, District Supervisor, In­ size or weight, require special equip­ irregular routes, transporting: Chemi­ terstate Commerce Commission, Bureau ment) ; (1) from the plantsite of Conti­ cals, minerals, mineral ores, pigments; of Operations, Room 7708, Federal Build- nental Can Co., Inc., Hodge, La., to points and materials and supplies used in the ing, 300 North Los Angeles Street, Los in Alabama, Mississippi, Tennessee, Ken­ manufacture of paints, between points Angeles, CA 90012. tucky, Virginia, North Carolina, South within the commercial zone of the city Carolina, Georgia, Florida, Texas (except of New York as defined by the Interstate M otor C a r r ier o f P assengers points east of U.S. Highway 75 and except Commerce Commission, on the one hand, No. MC 135288 (Sub-No. 1 TA)> M l Dallas and Houston, Tex.), Phoenix, and, on the other, points in New York, March 18, 1971. Applicant: MCG^l I Mesa, and Tucson, Ariz., Albuquerque, New Jersey, and the city of Philadelphia, TAXI AND BUS LINES, INC., doing busi­ Roswell, and Santa Fe, N. Mex.; and (2) under continuing contract with the Smith ness as ASHEBORO COACH CO., from points in Alabama, Mississippi, Chemical & Color Co., of Brooklyn, N.Y., Sunset Avenue, Asheboro, NC 27J0J. ap­ Tennessee (except McMinn County), for 180 days. Supporting shipper:‘Smith plicant’s representative: Clarence Kentucky, (except the plantsite of West Chemical & Color Co., Inc., 124 Commerce McGill (same address as above) • Autnor Virginia Pulp & Paper Co. located at or Street, Brooklyn, NY 11231. Send pro­ ity sought to operate as a common car j near Wickliffe, K y .), Virginia, North tests to: Anthony Chiusano, District Su­ rier, by motor vehicle, over j Carolina, South Carolina, Georgia (ex­ pervisor, Interstate Commerce Commis­ routes, transporting: Passengers _ _ cept Richmond County), Florida, Texas sion, 26 Federal Plaza, New York, NY baggage, in round trip eh®1*®* 2L i (except points east of U.S. Highway 75 10007. tions, beginning and ending at points ^ and except Dallas and Houston, Tex.), No. MC 135416 TA, filed March 22, Randolph, Chatham, Stanley, Phoenix, Mesa, and Tucson, Ariz.; and 1971. Applicant: ROBERT C. HUDAK, Moore, Lee, Anson, Richmond, Scotland, | Albuquerque, Roswell, and Santa Fe, N. doing business as CHAMPION VAN & and Montgomery Counties, N.C.,ana Mex., to the plantsite of Continental Can STORAGE, Post Office Box 194, 879 tending to points in ™rida, Georg* Co., Inc., Hodge, La., for 150 days. Sup­ North Highway 101, Buellton, CA 93427. South Carolina, Virginia, porting shipper: Continental Can Co., Applicant’s representative: Alan F. lumbia, Maryland, Pennsylvania,

FEDERAL REGISTER. VOL. 36, NO. 60— SATURDAY, MARCH 27, 1971 NOTICES 5825

Jersey, New York, and Tennessee, for By the Commission. No. MC-PC-72778. By application filed March 19, 1971, SOUTHERN OHIO 180 days. Supported by: There are ap­ [ s e a l ] R o b er t L . O sw a ld , Secretary. TRUCK LINES, INC., 325 North Erie proximately 18 statements of support a t­ Boulevard, Hamilton, OH 45011, seeks tached to the application, which may be [FR Doc.71-4310 Filed 3-26-71:8:53 am] temporary authority to lease the operat­ ing rights of UNIT TRANSPORTATION, examined here at the Interstate Com­ [Notice 670] INC., 845 East Avenue, Hamilton, OH merce Commission in Washington, D.C., MOTOR CARRIER TRANSFER 45012, under section 210a(b). The trans­ or copies thereof which may be examined fer to. SOUTHERN OHIO TRUCK PROCEEDINGS LINES, INC., of the operating rights of at the field office named below. Send pro­ M arch 24, 1971. UNIT TRANSPORTATION, INC., is tests to: Archie W. Andrews, District Application filed for temporary au­ presently pending. Supervisor, Bureau of Operations, Inter­ thority under section 210(a) (b) in con­ By the Commission. state Commerce Commission, Post Office nection with transfer application under [ s e a l ] R o b e r t L . O s w a l d , section 212(b) and Transfer Rules, 49 Secretary. Box 26896, Raleigh, NC 27611. CFR Part 1132: [FR Doc.71-4311 Filed 3-26-71;8:53 am]

CUMULATIVE LIST OF PARTS AFFECTED—-MARCH 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 March.

1 CFR Page 7 CFR Page 7 CFR— Continued Page

16------5203 16______- ______5285 P ro po sed R u l e s — Continued Appendix B______5325 29______5665,5669 1011 ______3909, 4548 3 CFR 55------5773 1012 ______3909, 4548 215------:______5494 1013 ______3909,4548 Proclamations: 250______5575 1015______3909, 4548, 5141 301______3882, 4471, 4776, 5575 4032 ______4111 1030—______3909, 4548 4033 ______4463 722------4853 1032 ______3909, 4548 4034 ______4465 724------4977 1033 ______3909, 4548 4035 ______4589 730______3883 1036______3909, 4297, 4548 4036 ______4749 760______5205 1040—______3909, 4548 4037 ____ _ 4971 780______4367 1043 ______3909, 4548 4038 ______5409 811------„_ ------3883 1044 ______3909, 4548 842______4475 1046______3909, 4548 Executive Orders: 862______4261 1049 ______3909, 4548 April 17,1926 (revoked in part 905------3884, 5494 1050 ______3909, 4548 by PLO 5031)______5342 907______3959, 1060 ______3909, 4548 5327 (see PLO 5029)______5042 4262, 4537, 4705, 5033, 5208, 5494, 1061 ------3909, 4548 10001 (see EO 11586)___ .____ 4751 5575 1062 ------3909, 4548 10008 (see EO 11586)______4751 908______4262, 4706, 5209, 5576 1063 ------3909, 4548 10202 (see EO 11586)____;____ 4751 910______3960, 1064 ______3909, 4415, 4548 10292 (see EO 11586)______1065 ------3909, 4548 4751 4476, 4537, 4859, 5043, 5340, 5495, 10420 (see EO 11586) ______1068 ------3909, 4548 4751 5773 10659 (see EO 11586)______1069 ------3909, 4548 4751 912_------4476 10714 (see EO 11586)______4751 1070 ------3909, 454Ó 10837 (see EO 11586)______4751 913——------4477 1071 ------3909, 4548 10984 (see EO 11586)1______4751 914------4477 1073------* 3909, 4548 11248 (amended by EO 966------5285, 5495 1075 ------3909, 4548 11587) ______4973 980------4263 1076 ------3909, 4548 11350 (see EO 11586)______4751 1011------5576 1078_;------3909, 4548 11360 (see EO 11586)______4751 1061______4776 1079______i ______3909, 4548 11491 (see Memorandum of 1065______4367 1090------3909, 4548 March 11, 1971) 4975 1468------5577 1094------3909, 4548 11584 __ 4365 1472______3884 1096 ------3909, 4548 11585 __ 1097 ------3909, 4548 4467 P ro po sed R u l e s : 11586 __ 1098 ------3909, 4548 4751 1099 ------3909, 4548 11587_____I” “” J 1 " " " " ““ “ 4973 42------5800 51------5432 1101 ------3909, 4548 R esidential D o c u m en t s O t h e r 59------5178, 5435 1102 ------3909, 4548 *«an P roclamations and E x e c ­ 910______5609 1103 ------3909, 4548 utive Orders: 916 ______4055 1104 ------s______3909, 4548 Memorandum of March 1 1 , 917 ------4056, 5614 1106------3909, 4548 1971------: 4975 981------4295 1108------3909, 4548 991------4060 1120 ------3909, 4548 5 CFR 993______5706 1121 ------3909, 4548 213 : H I. I H H H I 1124 ------•__ 3909, 4548 ...... — ------3881, 1000 ______3909 1125 ------3909, 4548 3882, 4292, 4471, 4537, 4977, 5033, 1001 ______3909,4408, 4548, 5141 1002 ______3909, 4548, 5141 1126 ------3909, 4548 5205,5665 1004—______3909, 4548, 5141 1127 ------3909, 4548 24ij 3882 1006 ------, ______3909, 4548 1128—------3909, 4548 ------5205 1007 ------3909,4548 1129------3909, 4548

FEDERAL REGISTER, VOL. 36, NO. 60— SATURDAY, MARCH 27, 197T 5826 FEDERAL REGISTER

7 CFR—Continued Page 14 CFR—Continued page 18 CFR— Continued Page Proposed R oles—Continued 171—______1______5584 34_____ —— — iilk 55f 207 ______»1_____ ,_____ 3893, 5677 35— ______1130 ___ 1____— _____ 3909, 4548 ------5591 208 ______5679 36______1131 ______3909, 4548 - — 5591 2121______5683 1132 ______3909, 4548 45______— ______— - 55981 1133______3909, 4548, 5618 214______£_____ 5686 101— _____ — - — 4386 1134 ______3909,221 4548______j.______4538 105______------3960 241______5774 1136 ______.— 3909, 4548, 5618 141______------3964' 1137 ______3909, 4548 288______- ______4538 154______— 5601 1138 ______3909, 4548385 ______*. 4592 157____ — ______— 5601 389______4115 159______------5591 9 CFR 399— ______4542 201______3 9 6 0 ,5 0 4 4 76______*______3890, 430 ______4864 204______— 5048 3891, 4367, 4368, 4478, 4685, 4977, 431 ______4864 250—______El; — ----5602 5285, 5488, 5489, 5490 P ro po sed R u l e s : ' 260______------5041 78______4860 25______4878 P ropo sed R u l e s : 311______4591 29______4878 101______- — 5431 331______5794 37______;______4878 104— ______-— 5438 P roposed R u les: 39______4707, 4708 105_____- ______— 5431 316— ______5435 61______5247, 5707 141______5438,5801 317____ 5435 71______3926,201______■______4551.5438 3927, 4424-4426, 4508-4510, 4708, 204 ____ - ______5438 10 CFR 4788, 4789, 4881, 5249, 5298, 5299, 205 ______5438 2______4686 5515, 5516, 5619, 5620, 5708-5709 260______4551.5438 35______4368 73______3927, 4881 601______5713 50______4861, 541175— 4298, 4299, 4510,4709, 4790, 4791 170______4978 91______4878, 5247 19 CFR 121______4878 l ______4971 12 CFR 123_____ 4878 4______4979 4______5050 135______4878 10______4481 18______4478 Ch. H ______4627 11— ______5469 222______; 5581 239______—~ 4882 18______4489 224___ ;______4538 302______3928 21______4499 226____ 4113 25______J __ 4499 250______5673 15 CFR 114______4499 335____;______3959 4______4868 123______4499 527______4686 30______5411 153______4597, 4877] 545______4688, 5465 367 ______- ______5035 P r o po sed R u l e s : 556______5051 368 _ 4375 1____— ____ 4547,4611] 563______5465 371___ 4375 22______4046a 640______5466 373_—______4376 P roposed R u les: 376______4376 20 CFR 386 _ 4376 222______5621, 5622 239______— 4989 541______5710 667— ______— 5035 262___—— ______4989 545______5710, 57111020______5585 395______4989 561_.______5711 1025______- ______5586 405— ______5488 1030______- ______5587 563______5250, 5712 P ro po sed R u l e s : 1035______5590 703______5712 1______4547 748______4996 1040______5591 4349 1050______5592 410______13 CFR 16 CFR 21 CFR 121______4832 27-______- 4543 P roposed R u les: 13______4592- 46 ______- 39651 121______5302 4596, 4692-4695, 5212, 5774-5783 121— ______:— — 5213 301______5689 130______50371 501______5689 135b______5602 14 CFR 5602] 25_____ 5490 135c______17 CFR 141____— _____ — ------" . 4379] 27______*____ 5490 . 4379] 33______5490 231______4483 145-______146a______4260 39 3891 239 ______4779 . 4260 4369~ 4478, 4479, '4689,~4753, 4861,’ 240 ------5784 148c______4498 148t______- 5034, 5209, 5210, 5286, 5673, 5674 241 ______4483 - 4696 61—______4591 249______5784 148u______4375 71 _ _ 3892 271______•______4978 148w______4869> 148y—______ioistj 4370-43757 4479, 4480, 4538] P ro po sed R u l e s : ’I — 4261 4690-4692, 4753, 4754, 4862, 5034, 149b______150______*______— 4408 420— — ______3965,5690] 5210, 5211,. 5286-5288, 5493, 5581- 230_____;______4070 P r o po sed R u l e s : 5583, 5674, 5675, 5676 249______4070 _ 5052 73______4114, 4862, 5583 274______4070 3______!------4788 75— ______4043, 15 ______4060 i 4044, 4373, 4692, 4862, 5211, 5583, 18 CFR 16 ______- I 5707 5675, 5676 29— ------5619] 91___— ______4591 3 „ ______5596 144______— 4928 95______— 4481 11______5596 301—______4928 97— .______4482, 4862, 5288, 5583, 5584 32— ______5596 302 ______4928 127______4863 33- ______— 5596 303 ______FEDERAL REGISTER 5827 21 CFR— Continued Page 29 CFR—Continued Page 41 CFR—Continued Page Proposed R u l e s — Continued 778—------—------4699, 4981 5 A -7 3 ------!______5498 304 ______4928 1520--______—______- _____ - 5040 6-1------4377, 4599 305 ______— 4928 P roposed R u les: 9-1____ 5219, 5499 306 ------4928 602 _ 4551 9-5— ------5499 307-______4928 603 ______4551 9-51------5219 308______4928 608______4551 12B-1------4754, 5499 311 ______4928 609— ------4551 12B-50------——------4754, 5499 312 _ 4928 610_____ 4551 18-5------3972 316------4928 611— ------4551 18-6— ------3980 420______5521 612— _ j------4551 18-7------3988 614 ____ 4551 29-60------5691 22 CFR 615 ------4551 101-1------4983 41.------5040 687------4551 101-47______3894 47------4697 1504—______5436 P roposed R u les: 51------4870, 5690 Ch. 12______5053 730______.______4698 30 CFR 70— ------— 4981 42 CFR 24 CFR P roposed R u les: 4— ------3894 5-— ------4780 11 ----- 4652 481------4543, 5290-5293, 5692, 5693-5696 10------■------4291 12 ------4652 P roposed R u les: 81------5784 13 ------: ______4652 200______4542, 4980 37__------___ 4420 14 - 4652 55------4421 1600.__ 4542 14a------:____ 4652 1909______:______5340 70------4547 43 CFR 1914 --- 4492,4780, 5340, 5506, 5785 75------4406, 4548,4994, 5244, 5296 1915 ______4493, 4781, 5507, 90------5786 3900 P ublic Land Orders: Proposed R u l e s : 231------5510 725 (revoked in part by PLO 81------4427 5026)______4378 32 CFR 4522 (see PLO 5029)______5042 25 CFR 52------4782 4983 (corrected by PLO 5027) _ 4379 5024 ______.____ 4378 111. — ------4 8 7 0 262------4872 5025 ______4378 Proposed R ules: 701------5042 806------4700, 5787 5026 ------4378 221------4054 1632______4782 5027 ______4379 1642_____ 4782 5028 ------4498 26 CFR 5029 ______5042 l. ------a------4597, 32A CFR 5030 ______5341 5031______———— 5342 4871, 4984, 5214, 5215, 5325, 5336, OIA (Ch. X ) : P roposed R u les: 5339, 5495, 5603, 5604 OI Reg. 1------4982, 5604 IS­ ------4872, 5339, 5604 4------5795 SI.. ------______5216, 5604 33 CFR 1840______5367 48------3893 1850______5367 53.. 110------5042, 5604 ------5240 4110------5367 154. 117------4381 —— ------3894 9230______T______5367 245. —------4115 204------5218 301. ------5496 207------4599, 521845 CFR Proposed R ules: 401------5787 1. P roposed R u les: 70------4498 ______3899 121------_------5696 66------5707 4387, 4388, 4 ^ 7 , 4~885, 4986, 522l| 141------5697 117------4298, 5245 5227, 5236, 5355, 5423, 5509, 5608 175------4984 13------5227, 5608 209------5431 31- ______5227 220______5605 53. — — 5240, 5355, 5357,"5608, 5706 36 CFR Page 250— ------5789 143 ------5357 311------4494 702______5702 150------4896 1201------5342 151------4896 38 CFR 152 ------4896 46 CFR 194.------4048, 4393 3______4599, 5341 97------:------5606 196 ------4048, 4393 6______• 4382 110------5606 197.------4048, 4393 8------4382 111------5606 201 - — ------4048, 4393, 4611 17______4782 146 ------5606 240.------4393 21—______4783 147 ------5606 245 ------4048,4393,4398 36______— 5412 164------5606 252.------4611 201------4377 301.------5236, 5243, 5608 39 CFR 360------5790 28 CFR Ch. I ______4117, 4755 528------_•______4292 125______5605 542------4293, 5703 5787 3000______5412 P roposed R u les: 29 CFR P roposed R u les: 146 ------4625, 5246, 5296, 5400, 5805 147 ------5400 1 ,1 124______- 5608 5, 4045 Ch. H ------4420, 5805 462 ~ 4045 41 CFR 381------4707, 5052 5289 503------5369 511.1 1-5------525, ' 4782 3971 510------5369 5787 5A-14______4259 543------5369 5828 FEDERAL REGISTER

47 CFR Page 49 CFR page 49 CFR—Continued Pas«J o,______5345 1____— ______¿__ 5420 P roposed R ules—Continued 5294 9______4290 1043------4995 2 IIIIIIII__ Z Z IIIIII- 4264/4500, 5420 172 ______* ______5420 1048------— 5143] 15______5294 173 ______- ____— 5420, 5421 1056------4072 21______4600 174— ______5705 1300------— ------4629 64______5345 251______- ______5790 391______5705 1307— ------4072 73______3966, 4284,4503, 5420, 5499 393______:______i__ 4545 83______5294,5505 397______4874 50 CFR 971______¿J___ 4264 571____ 4290, 4291, 4600, 4607, 5490, 5793 574______- 4783, 5422 28------3898,470« P roposed R u les: 32 ------5422 1 3902, 5621 1003______—- ______4984 1033______3896, 33 _4545, 4608, 4705, 5043,5422,5607 2 _____" 4885 3897, 3968, 3969, 4385, 4505, 4786, 25 ______;_____4062, 5621 260------— __ 4609 5606, 5793 280_____ 45051 63______- _____ 5621 1048______1______4505 73 3902, 1122______5219 351— ------r_ 3970 4062, 4064, 4068, 4511, 5142, 5301, Proposed R u les: 5369, 5521, 5807 Proposed R u les: 74 ______4068, 4885 172— ,______4626, 5806 230______3925,5296 87______5522 173______4626, 5299, 5710, 5806 253—:______4506 89— 1______5522 91______:______5522 232______2544994______4506 93______11 5522 571______3928, 4627, 5516 280____ 4550 97______4069, 4511 574______4061 401______4506

LIST OF FEDERAL REGISTER PAGES AND DATES— MARCH

Pages Date 3875-3953 ______March 2 3955-4106______- — 3 4107-4357______4 4359-4456 ___------;------5 4457-4532 ______6 4533-4583 ______— 9 4585-4680______10 4681-4744 ______&------H 4745-4845 — ______12 4847-4966 ______13 4967-5027______16 5029-5197______17 5199-5280______18 5281-5320______19 5321-5404 ______20 5405-5460 ______23 5461-5568 ______24 5569-5657 ______25 5659-5765 ______26

know UNITED STATES GOVERNMENT ORGANIZATION your MANUAL -1970/71

OFFICE OP THE FEDERAL REGISTER National Archives and Records Service governm ent General Services Administration

UNITED STATES GOVERNMENT ORGANIZATION MANUAL

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

$9 . 0 0 < 9 per copy. Paperbound, with charts

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