WEDNESDAY, NOVEMBER 3, 1971

WASHINGTON, D.C.

Volume 36 ■ Number 212

Pages 21017-21112

HIGHLIGHTS OF THIS ISSUE This listing does not affect the legal status of any document published in this issue. Detailed table of contents appears inside.

STABILIZATION OF THE ECONOMY— Presidential Executive order providing for designation of alternates on Pay Board and Price Commission. .. 21023

SHORT TERM SAVINGS ACCOUNTS— FHLBB regulation on distribution of earnings; effective 11-3-71 ...... 21025

TONNAGE TAX— Customs Bur. regulation re certain applications for refund______21025

NEW DRUGS— FDA exemption of specific radio­ active drugs from certain regulations______21026

RELEASE OF INFORMATION— Justice Dept, re­ vised guidelines relating to civil and criminal proceedings ...... 21028

OIL AND GAS LEASES— Interior Dept, regulation on reinstatement of terminated leases; effective 11-3-71 ...... 21035

FISHERIES— Commerce Dept, ^-regulation on inspection and certification...... 21037

VIRUSES, SERUMS AND TOXINS— Agr. Dept, proposal to revise certain standard requirements; comments within 60 days...... 21058

FEDERAL SAVINGS AND LOAN— FHLBB pro­ posals relating to applications for mergers, con­ solidations, and purchases of bulk assets (2 documents); comments by 12-3-71...... 21066, 21067 (Continued inside)

I Latest Edition Guide to Record Retention Requirements

[Revised as of January 1, 1971]

This useful reference tool is designed they must be kept. Each digest carries to keep businessmen and the general a reference to the full text of the basic public informed concerning the many law or regulation providing for such published requirements in Federal laws retention. and regulations relating to record retention. The booklet’s index, numbering over The 90-page “ Guide” contains over 2,200 items, lists for ready reference 1,000 digests which tell the user (1) the categories of persons, companies, what type records must be kept, (2) and products affected by Federal who must keep them, and (3) how long record retention requirements.

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

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

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDERAL®REGISTER on the day after an official Federal holiday), by the Office of the Federal Register, National Area Cede 202 Phone 962-8626 Archives and Records Service, General Services Administration, Washington, D.O. 20408, ...... pursuant to the authority contained in the Federal Register Act aDDroved Tuiv 1935 ** U.S.C., Ch. 15), under regulations prescribed by the Administrative Committee of the fed eral Register ap- Washington, D X ? 2 0 m 1 CFR ° h' ^ Distribution ls made the Superintendent of Documents, TJ.S. Government Printing Office, The Federal Register will be furnished by mail to subscribers, free of postage, for $2.50 per month or *25 ner rmv«ihio m advance. The charge for individual copies is 20 cents for each issue, or 20 cents for each group of pages as actuallv bound^n^mit Jviopk or mon^ ° rd“ ' made Payable to the Superintendent of Documents, U.S. Government Printing Office,Washington D O 20402

There are no restrictions on the republication of material appearing in the Federal Register or the Code of Federal Regulations. HIGHLIGHTS— Continued

DRUG IMPORT/EXPORT PERMIT APPLICA­ PATENT LICENSING— NASA proposed revision of TIONS— Justice Dept, proposal on establishment rules; comments within 30 days______21068 of hearing procedures; comments within 30 SELECTIVE SERVICE— Director's proposals to days —-...... -...... —...... — -- ...... -...... -...... — 21057 implement the Act; comments within 30 days____ 21072 INTERSTATE LAND SALES— HUD proposals on requirements for registration and filing property ANTIDUMPING— reports; comments by 12-5-7 1______21043 Treasury Dept, notices relating to ice cream sandwich wafers from Canada (2 documents); POULTRY INSPECTION— USDA notice of in­ comments within 7 and 14 days______21084, 21085 tended designation of Puerto Rico______21086 Treasury Dept, notices on deflection yokes from Japan and pentaerythritol from Italy (2 docu­ APPROVED EQUIPMENT— Coast Guard notice ments)...... - ...... 21084, 21085 regarding additions to list______21087 Customs Bur. withholding of appraisement no­ tice on asbestos-cement pipe from Japan; AIR FARES AND RATES— CAB notices on IATA comments within 30 days...... —-...... 21084 agreements (2 documents)...... 21092 FEDERAL BUILDINGS— GSA proposal for a new PESTICIDE CHEMICALS— EPA notices of peti­ policy to consider the socioeconomic impact of tions regarding establishment of tolerances (4 location selection; comments within 30 days...... 21059 documents)...... - 21093, 21094 INCOME TAX— IRS notice of hearing on 1 1-3 0 - AVAILABILITY OF INFORMATION— OEO notice of 71 on proposals relating to gain from disposition issuance of instruction______21105 of certain depreciable realty ------21057

Contents

THE PRESIDENT CIVIL aeronautics b o a r d CONSUMER AND MARKETING Notices SERVICE Rules and Regulations .. EXECUTIVE ORDER Hearings, etc.: Amending Executive Order No. Continental Air Lines, Inc------21092 Tokay grapes grown in San 11627 of October 15, 1971, fur­ Joaquin County, Calif.; increase International Air Transport As­ in assessment for 1971-72 fiscal ther providing for the stabiliza­ sociation ______21092 tion of the economy------21023 period______21025 Trans International Airlines, Proposed Rule Making Inc., and Saber Air (PTE) Olives grown in California; ex­ EXECUTIVE AGENCIES L t d ______21092 penses and rate of assessment— 21059 Notices AGRICULTURAL RESEARCH COAST GUARD Poultry inspection; notice of in­ SERVICE Proposed Rule Making tended designation of Puerto Rico ______21086 Proposed Rule Making North Branch, Chicago River, HI.; Viruses, serums .and toxins; pro­ drawbridge operation regula- posed revision of certain stand­ CUSTOMS BUREAU tio n s ______21063 ard requirements______21058 Rules and Regulations Notices Tonnage tax; certain applications AGRICULTURE DEPARTMENT Approved equipment; additions to for refund__ !------21025 See Agricultural Research Serv­ lis t______21087 Notices ice; Consumer and Marketing Security zones: Asbestos-cement pipe from Ja­ Service. Biscayne Bay adjacent to Key pan; withholding of appraise­ Biscayne, Fla------21086 ment notice______21084 a t o m ic e n e r g y c o m m is s io n Deflection yokes from Japan; San Diego Harbor------21087 antidumping proceeding notice. 21084 Notices Ice cream sandwich wafers from Hearings, etc.: COMMERCE DEPARTMENT Canada; withholding of ap­ Consumers Power Co______21092 praisement notice------21084 See National Oceanic and Atmos­ Vermont Yankee Nuclear Power (Continued on next page) C orp ______21092 pheric Administration. 21019 2 1 0 2 0 CONTENTS

ECONOMIC OPPORTUNITY FEDERAL MARITIME Rules and Regulations OFFICE COMMISSION Preservation, use and manage­ Notices Notices ment of fish and wildlife re­ sources ______21034 Availability of information; notice Epirotiki Steamship Co., and of issuance of instruction_____ 21105 George Potamianos S.A.; casu­ Notices alty and performance certifi­ McKnight, Maxwell S.; statement ENVIRONMENTAL PROTECTION cates (2 documents)______21102 of changes in financial inter­ Oil pollution, cèrtificates of finan­ ests ------21086 AGENCY cial responsibility; revocation Notices of certificates______21102 Petitions regarding tolerances for INTERNAL REVENUE SERVICE certain pesticide chemicals : FEDERAL POWER COMMISSION Proposed Rule Making American Cyanamid Co______21093 Notices Ciba Agrochemical Co______21093 Income tax; gain dispositions of Hearings, etc.: certain depreciable realty_____ 21057 Stauffer Chemical Co______21093 Connecticut light and Power Uniroyal Chemical______21094 Co., et al------21103 Colorado Interstate Gas Co___ 21104 INTERSTATE COMMERCE FEDERAL AVIATION East Tennessee Natural Gas COMMISSION ADMINISTRATION C o ------21103 Great Lakes Gas Transmission Proposed Rule Making Rules and Regulations C o ------21103 Savannah, Ga. Airport; petition Alterations: Marshall, Douglas B., et al____ 21105 for individual determination of Control zones (2 documents)__ 21029 Midwestern Gas Transmission exempt zone______21071 Control zones and transition C o ------21104 areas (2 documents)__ 21029, 21030 Panhandle Eastern Pipe Line Notices Designations: C o ------21104 Assignment of hearings______21111 Area high routes______21030 Tennessee Gas Pipeline Co____ 21104 Motor carrier: Transition area______21029 Alternate route deviation no­ Proposed Rule Making FOOD AND DRUG tices (2 documents)___ 21105, 21106 Airworthiness directive; British ADMINISTRATION Applications and certain other Aircraft Corp. airplanes______21064 Rules and Regulations proceedings__ i ______21108 Intrastate applications______21105 Control zone and transition area; New drugs; exemption of certain proposed alteration______21065 Temporary authority applica­ Transition areas: radioactive drugs______21026 tions ------21110 Proposed alteration (2 docu­ Transfer proceedings (2 docu­ ments) ______;______21064, 21065 GENERAL SERVICES ments) ------21111 Proposed alteration and revoca­ ADMINISTRATION tion ______21065 Rules and Regulations JUSTICE DEPARTMENT Disposition of Federal records_____21031 FEDERAL COMMUNICATIONS See also Narcotics and Dangerous COMMISSION Proposed Rule Making Drugs Bureau. Consideration of socioeconomic Proposed Rule Making impact when selecting locations Rules and Regulations Certain PM broadcast stations; for Federal buildings______21059 Release of information; revised table of assignments (2 docu­ guidelines relating to civil and ments) ------21066 GEOLOGICAL SURVEY criminal proceedings______21028 Notices Notices Cowles Florida Broadcasting, Inc. California; known geothermal re­ LAND MANAGEMENT BUREAU (WESH-TV) and Central Flor­ sources areas______21085 ida Enterprises, Inc.; applica­ Rules and Regulations tions for renewal of license, HEALTH, EDUCATION, AND Oil and gas leases; reinstatement modification of facilities and is­ WELFARE DEPARTMENT of terminated leases______21035 suance of construction permit-- 21094 See Food and Drug Administra­ Public land orders: tion. Arizona ------21036 FEDERAL HOME LOAN BANK Washington ______21036 BOARD HOUSING AND DANGEROUS Notices Rules and Regulations DRUGS BUREAU Oregon; redelegation of authority. 21085 Short term savings accounts; dis­ Proposed Rule Making tribution of earnings______21025 Interstate land sales; registration NARCOTICS AND DANGEROUS Proposed Rule Making and filing property reports____ 21043 Federal savings and loan; pro­ DRUGS BUREAU posals relating to applications INTERIOR DEPARTMENT Proposed Rule Making for mergers, consolidations, and See also Geological Survey; Land Import/export applications; es­ purchases of bulk assets (2 Management Bureau; National tablishment of hearing pro­ documents)______21066, 21067 Park Service. cedures ______21057 CONTENTS 21021

NATiONAL AERONAUTICS AND NATIONAL PARK SERVICE Notices Notices Ice cream sandwich wafers from SPACE ADMINISTRATION Canada; determination of sales Proposed Rule Making Director and Assistant Director, at less than fair value—______21085 Cooperative Activities, National Pentaerythritol from Italy; notice NASA patent licensing regula­ Capital Parks; delegation of of discontinuance of antidump­ tions ____ r------'------21068 authority (2 documents) _ 21085, 21086 ing investigation______21085 NATIONAL OCEANIC AND SELECTIVE SERVICE SYSTEM ATMOSPHERIC VETERANS ADMINISTRATION Proposed Rule Making Rules and Regulations ADMINISTRATION Selective Service regulations____ 21072 Board on Collections and Com­ Rules and Regulations TRANSPORTATION DEPARTMENT promises; establishment, juris­ Fishery products; inspection and diction and selection of mem­ certification ______21037 See Coast Guard; Federal Avia­ bers ______21030 tion Administration. TREASURY DEPARTMENT See also Customs Bureau;'Inter­ nal Revenue Service.

List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears 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.

19 CFR 1632______21072 3 CFR 1642------21072 Executive O rders: 4______21025 1655______21072 Nov. 9,1871 (see PLO 5144)______21036 1660______- ___ 21072 July 2, 1910 (revoked in part by 21 CFR PLO 5144) — ______——— 21036 130____ — ______21026 33 CFR June 16, 1911 (revoked in part by Proposed R ules: Proposed R ules: PLO 5144)______21036 311— ______21057 i i 7 21063 Mar. 21, 1917 (revoked in part by 21057 PLO 5144)___ 21036 312______- ______Dec. 6,1926 (see PLO 5144)______21036 38 CFR 11627 (amended by EO 11630)------21023 24 CFR 17______21030 11630______21023 Proposed R ules: 1710______— 21043 41 CFR 7 CFR 101-11______21031 26 CFR 926—______21025 P roposed R ules: P roposed R ules: Proposed R ules: _ 101-17------21059 932____ 21059 1—______21057 101-18-______21059 101-20______21059 9 CFR 28 CFR 50______21028 Proposed R ules: 43 CFR 113.______21058 24.______------21034 32 CFR 3100______21035 12 CFR P roposed R ules: P ublic Land O rders: 1602______21072 21036 _21025 5143 ______545 . 1603 ______21072 5144 ______21036 Proposed R ules: 1604 ______21072 546 21066 1611______21072 47 CFR 563 ______21067 1617______21072 1621______21072 P roposed R ules: 1622______21072 73 (2 documents)----- 21066 14 CFR 1623 ______21072 71 (5 documents) 21029, 21030 1624 ______— ----- 21072 49 CFR ’ 75___ 1____ 21030 1625 ______21072 Proposed R ules: 1626 ______21072 1047______21071 Proposed R ules: 1627— ______21072 39______21064 1628______21072 71 (4 documents) ____ 21064, 21065 1630 ______21072 50 CFR 1245___ _ 21068 1631 ...... 21072 260______21037

21023 Presidential Documents

Title 3—The President

EXECUTIVE ORDER 11630

Amending Executive Order No. 11627 of October 15, 1971, Further Providing for the Stabilization of the Economy

By virtue of the authority vested in me by the Constitution and Statutes of the United States, particularly the Economic Stabilization Act of 1970, as amended, it is hereby ordered as follows:

Section 1. Subsection (b) of Section 7 of Executive Order No. 11627 1 of October 15, 1971 is hereby amended by adding at the end thereof the following: “Each member of the' Pay Board, other than the Chairman thereof, may designate an alternate who shall serve as a mem­ ber of the Pay Board whenever the regular member is unable to attend any meeting o f the Board.”

S e c . 2. Subsection (b) of,Section 8 of Executive Order No. 11627 of October 15, 1971, is hereby amended by adding at the end thereof the following: “Each member of the Price Commission, other than the Chairman thereof, may designate an alternate who shall serve as a member of the Price Commission whenever the regular member is unable to attend any meeting of the Commission.”

T h e W h i t e H o u s e , October 30, 1971.

, [FR Doc.71-16115 Filed 11-1-71 • 1:13 pm]

136 F.R. 20139.

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971

21025

Rules and Regulations

period began on April 1, 1971, and the Resolved further that, since affording increased rate of assessment herein fixed notice and public procedure on the above Title 7— AGRICULTURE will automatically apply to all assessable amendment would delay it from becom­ Chapter IX— Consumer and Market­ Tokay grapes beginning with such date; ing effective for a period of time and ing Service (Marketing Agreements and (3) shipments of Tokay grapes are since it is in the public interest that such and Orders; Fruits, Vegetables, now being made and it is desirable, for amendment become effective as soon as administrative purposes, to apply this possible, the Board hereby finds that Nuts), Department of Agriculture amended rate of asséssment to the bill­ notice and public procedure thereon are PART 926— HANDLING OF TOKAY ing of handlers of Tokay grapes during contrary to the public interest under GRAPES GROWN IN SAN JOAQUIN the time of such handling. the provisions of 12 CFR 508.11 and 5 COUNTY, CALIF. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. U.S.C. 553(b) ; and, since such amend­ 601-674) ment relieves restriction, publication of Increase in Assessment Rate for the such amendment for the 30-day period Dated: October 29,1971. 1971-72 Fiscal Period specified in 12 CFR 508.14 and 5 U.S.C. "P aul A. Nicholson, 553(d) prior to the effective date thereof On October 20, 1971, notice of rule Deputy Director, Fruit and Vege­ is unnecessary and the Board hereby making was published in the F ederal table Division, Consumer and provides that such amendment shall be­ Register (36 F.R. 20302) regarding a Marketing Service. come effective as hereinbefore set forth. proposed increase in the assessment rate previously approved for the fiscal year ' [FR Doc. 71-15992 FUed ll-2-71;8:47 am] By the Federal Home Loan Bank ending March 31, 1972, pursuant tp the Board. marketing agreement, as amended, and [seal] Eugene M. H errin, Order No. 926, as amended (7 CFR Part Assistant Secretary. 926), regulating the handling of Tokay Title 12— BANKS AND BANKING [FR Doc.71-16035 Filed ll-2-71;8:51 am] grapes grown in San Joaquin County, Chapter V— Federal Home Loan Bank Calif., effective under the applicable pro­ visions of the Agricultural Marketing Board Agreement Act of 1937, as amended (7 SUBCHAPTER C— FEDERAL SAVINGS AND LOAN U.S.C. 601-674). The notice afforded in­ SYSTEM Title 19— CUSTOMS DUTIES terested persons an opportunity to sub­ [No. 71-1113] Chapter I— Bureau of Customs, mit written data, views, or arguments in Department of the Treasury connection with the proposal. None were PART 545— OPERATIONS [T.D. 71-274] submitted within the prescribed time. Distribution of Earnings of Short-Term After consideration of all relevant Savings Accounts PART 4— v e s s e ls in f o r e ig n a n d matters presented, including the propos­ DOMESTIC TRADES als set forth in the aforesaid notice O ctober 22, 1971. which were submitted by the Industry Resolved that the Federal Home Loan Application for Refund of Tonnage Tax Committee (established pursuant to said Bank Board considers it advisable to amended marketing agreement and In accordance with Revised Statutes amend § 545.1-1. of the rules and regula­ 4219 and 4225, as amended (46 U.S.C. 121 order): It is hereby ordered, That the tions for the Federal Savings and Loan provisions of paragraph (b) of § 926.211 and 128), tonnage tax is imposed upon System (12 CFR 545.1-1) for the purpose the entry of a vessel engaged in trade Expenses and rate of assessment (36 F.R. of permitting a Federal savings and loan 17323) be amended to read as follows: from a foreign port or place. Under sec­ association to distribute earnings on any tion 26 of the Act of June 26, 1884, as § 926.211 Expenses and rate o f assess­ designated class or classes of short-term amended (46 U.S.C. 8), illegally, improp­ ment. savings accounts on such date or dates erly, or excessively imposed charges may * * * * '* as may be designated by the association’s be refunded and § 4.24, Customs Regula­ (b) Rate of assessment. The rate ofboard of directors. Accordingly, on the tions, prescribes the procedure for apply­ assessment for said period, payable by basis of such consideration and for such ing for such refunds. This amendment each handler in accordance with § 926.46, purpose, the Federal Home Loan Bank delegates to Regional Commissioners of Is fixed at three cents ($0.03) per stand­ Board hereby amends said § 545.1-1 by Customs the present authority of the ard package or equivalent quantity of adding, immediately after paragraph (f) Commissioner of Customs to act on cer­ grapes. thereof, a new paragraph (g) to read as tain applications for refunds, with a follows, effective November 3, 1971: right to petition the Commissioner for a Terms used in the amended marketing review of a decision by a Regional Com­ agreement and this part shall, when used § 545.1—1 Distribution of earnings on bases, terms, and conditions other missioner. Section 4.24, Customs Regula­ herein, have the same meaning as is tions, is amended to read as follows: given to the respective term in said than those provided by charter. amended marketing agreement and this * # * * * § 4.24 Application for refund of ton­ Part. (g) Short-term savings accounts. A nage tax. . It is hereby found that it is imprac­ Federal association which has a charter (a) The authority to make refunds in ticable and contrary to the public in­ in the form of charter N or charter K accordance with section 26 of the Act terest to postpone the effective date (rev.) may, after adoption by its board of June 26, 1884 (46 U.S.C. 8) of regular hereof until 30 days after publication in of directors of a resolution so providing tonnage taxes described in § 4.20(a) is the Federal R egister (5 TJ.S.C. 553) in and while such resolution remains in delegated to the several Regional Com­ that (l) the relevant provisions of said effect, distribute earnings on any desig­ missioners of Customs. If any doubt ex­ marketing agreement and order require nated class or classes of short-term sav­ ists, the case shall first be referred to the that any increase in the rate of assess­ ings accounts as of such date or dates Bureau for advice. ment fixed for a particular fiscal period as may be designated in such resolution. (b) Each application for refund of mall be applicable to all assessable (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. regular or special tonnage tax or light iokay grapes from the beginning of such 1464. Reorg. Plan No. 3 of 1947, 12 F.R. 4981, money prepared in accordance wtih this nscal period; (2) the current fiscal 3 CFR, 1943-48 Comp., p. 1071) section shall be filed with the Customs

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 No. 212------2 21026 RULES AND REGULATIONS officer to whom payment was made. Af­ Effective date. This amendment shall with availability of these drugs for medi­ ter verification of the pertinent facts as­ become effective 30 days following the cal use. serted in the claim, the application shall date of publication in the F ederal (3) The proposal is not clear regard­ be forwarded with any necessary report R egister. ing the marketing status of the listed or recommendation to the Regional isotopes during the time that a new-drug Commissioner of Customs. Applications [ seal] Edw in F. R ains, Acting Commissioner of Customs. application or “Notice of Claimed In­ for refund of special tonnage tax and vestigational Exemption for a New Drug” light money (see § 4.20(c)) with the Approved: October 20,1971. is pending. reports and recommendations submitted Eugene T. R ossides, (4) The required 90-day time period therewith shall be forwarded by the Re­ Assistant Secretary to submit a new-drug application or gional Commissioner to the Commis­ of the Treasury. “Notice of Claimed Investigational Ex­ sioner of Customs for decision. Any re­ emption for a New Drug” is not consid­ fund authorized by the Regional Com­ [PR Doc.71-15999 Filed ll-2-71;8:48 am] ered sufficient to submit a well-organized missioner of Customs under paragraph document. (a) of this section or any refund of (5) Procedures for submitting a new- special tonnage tax or light money au­ drug application, license application, or thorized by the Commissioner of Cus­ Title 21— FOOD AND DROGS a “Notice Of Claimed Investigational toms shall be made by the appropriate Exemption for a New Drug” should be Customs officer. The records of tonnage Chapter I— Food and Drug Adminis­ revised and simplified, since the require­ tax shall be clearly noted to show each tration, Department of Health, Ed­ ments for nonradioactive drugs are not refund authorized. ucation, and Welfare appropriate in several respects to those (c) The application shall be a direct of radiopharmaceuticals. request for the refund of a definite sum, SUBCHAPTER C— DRUGS The Commissioner of Food and Drugs, showing concisely the reasons therefor, PART 130— NEW DRUGS having considered these comments and the nationality and name of the vessel, having discussed them with the Food and and the date, place, and amount of each Subpart A— Procedural and Drug Administration’s Radiopharma­ payment for which refund is requested. Interpretive Regulations ceutical Advisory Committee and socie­ The application shall be made within 1 ties representing various disciplines of year from date of the payment. A protest R adioactive New D rugs; New -D rug radiopharmaceutical medicine, finds against a payment shall not be accepted Application R equirements that: as an application for its refund. A notice was published in the F ederal (1) Brachy therapy and teletherapy (d) When the application is based R egister of January 27, 1971 (36 F.R. sealed sources will not be included at this upon a claim that more than five pay­ 1274), proposing removing the exemp­ time in the listing of isotopes that re­ ments of regular tax at either the 2- tion of specific investigational radioac­ quire a new-drug application or “Notice cent or the 6-cent rate have been made tive new drugs from § 130.3 (21 CFR of Claimed Investigational Exemption for during a tonnage year, the application 130.3) of the new-drug regulations. The a New Drug,” pending further discus­ shall be supported by a statement from notice provided for the filing of com­ sions with radiologists to determine the the appropriate customs officer at the ments within 30 days. At the request of a most effective procedures for handling port where the application is submitted number of interested persons, the time sealed sources. and from the appropriate customs offi­ for filing of comments was extended (2) The Food and Drug Administra­ cer at each port at which any claimed until March 28, 1971, by a notice pub­ tion and Division of Biologies Standards payment was made verifying the facts lished February 26, 1971 (36 F.R. 3528). of the National Institutes of Health will and showing in each case whether re­ More than 100 comments were received develop procedures to assure a smooth funds have been authorized. from the medical community and the transition of regulatory control without (e) The application shall include a pharmaceutical industry. Some of the any interference in the availability of certificate by the owner or by the comments were from organizations act­ previously exempted radioactive drugs, owner’s agent that payment of tonnage ing as spokesmen for many of the Na­ provided the interests of the patient are tax at the applicable rate has been or tion’s medical and pharmaceutical spe­ adequately protected. will be made for each entry of the vessel cialists in radioactive drugs. (3) If the requirements of §130.49 on a voyage on which that rate is ap­ Most of those commenting agreed that (21 CFR 130.49) are met, commercial dis­ plicable before the end of the current there is a need to exercise regulatory con­ tribution of the radioactive new drugs tonnage year, exclusive of any payment trol of radiopharmaceuticals. Some felt may be continued until the Food and which has been refunded or which may that the current controls, which are pri­ Drug Administration or Division of Bio­ be refunded as a result of such appli­ marily exercised by the Atomic Energy logies Standards of the National Insti­ cation. Commission or by State Governments tutes of Health notifies the sponsor or (f) The owner or operator of the ves­ under “Agreement State Programs,” applicant otherwise. sel involved, or other party in interest, were sufficient. Others felt that the eval­ (4) In view of the extent of experience may file with the Regional Commis­ uation of drugs for use in medicine more with the listed isotopes and the fact that sioner a petition addressed to the Com­ properly belongs with the Food and Drug the Food and Drug Administration has missioner of Customs for a review of Administration; however, a number of given prior notice to manufacturers of the Regional Commissioner’s decision thoughtful points were raised about the the applicability to these products of on an application for refund of regular procedures for implementing the the new-drug requirements (21 CFR 130.3 tonnage tax. Such petition shall be filed proposal. and 130.4), 90 days beyond the effective in duplicate within 30 days from the The comments may be summarized as date of this order is regarded as adequate date of notice of the Regional Commis­ follows: time to organize and submit the required sioner’s decision, shall completely (1) Brachytherapy and teletherapy information. identify the case, and shall set forth sealed sources should be removed from (Sr) The procedures for submission of in detail the exceptions to the Regional the requirements of this proposal. These a new-drug application, license applica­ Commissioner’s decision. When such a items are not drugs. The hazards from tion, or a “Notice of Claimed Investiga­ petition has been filed, the Regional these sources are limited primarily to tional Exemption for a New Drug” are Commissioner shall immediately trans­ radiation emission which is effectively flexible enough to allow for the differ­ mit both copies thereof and the entire controlled by the Atomic Energy ences in the types of data required for file to the Bureau, together with any Commission. radiopharmaceuticals and nonradio­ comments he may desire to submit. (2) The Pood and Drug Administra­ pharmaceuticals. However, the Food and (Section 26, 23 Stat. 59, as amended; 46 tion’s implementation of the proposal Drug Administration and Division of U.S.C. 8.) would not provide for an orderly transi­ Biologies Standards of the National In­ (80 Stat. 379, section 3, 23 Stat. 119, as tion of previously exempted radioactive stitutes of Health will work with inter­ amended; 6 U.S.C. 301; 46 U.S.C. 3) drugs to its control and would interfere ested representatives of associations, the

FEDERAL REGISTER, V O L 3 6 ,J 4 0 . 212— WEDNESDAY, NOVEMBER 3, 1971 RULES AND REGULATIONS 21027

FDA advisory committee on radiophar- Isotope Chemical form Use Isotope Chemical form Use maceuticals, applicants, and sponsors in order to define the kind and extent of Chromium 51.... Chromate...... Spleen scans. Phosphorus 32.. Soluble phos­ Treatment of data that are required for the listed Placenta localisa- phate. polycythemia Do...... do...... vera. drugs. The Pood and Drug Administra­ tion. Treatment of Do...... do_...... Bed blood cell D o...... do...... tion in cooperation with the Atomic En­ labeling and leukemia and ergy Commission will develop procedures survival studies. bone metastasis. Intracavitary to eliminate as much as possible the bur­ Do...... Labeled human Gastrointestinal Do...... Colloidal chromic serum albumin. protein loss phosphate. treatment of den that may result from both agencies pleural effusions studies. and/or ascites. having overlapping responsibilities. Do...... do...... Placenta localization. Do...... do...... Interstitial treat­ ment of cancer. Therefore, pursuant to provisions of Do...... Labeled red blood Do. the Federal Food, Drug, and Cosmetic cells. Potassium 42... Chloride...... Potassium space Cobalt 58 or Labeled Intestinal ab- studies. Act (secs. 505, 701(a), 52 Stat. 1052-53, Cobalt 60. cyanocobalamln. sorption Selenium 75 .... Labeled methi­ Pancreas scans. studies. onine. as amended, 1055; 21 U.S.C. 355, 371(a)) Nitrate or chlo­ Bone scans on and under authority delegated to the OnlH 108 Colloidal...... Liver scans. Strontium 85— Do...... do...... Intracavitary ride. patients with Commissioner of Food and. Drugs (21 treatment of diagnosed can­ CFR 2.120), and in cooperation with the pleural effusions cer. and/or ascites. Technetium Pertechnetate...... Brain scans. Division of Biologies Standards of the _____ ...... do...... Interstitial treat- 99m. Do Do...... do...... Thyroid scans. National Institutes of Health and the ment of cancer. Liver and spleen Iodine 131...... Iodide______Diagnosis of Do...... Sulfur colloid____ Atomic Energy Commission, Part 130, thyroid scans. D o - ...... Pertechnetate...... Placenta locali­ Subpart A, is amended as follows: functions. zation. Do...... do...... Thyroid scans. Blood pool scans. 1. Section 130.3 is amended by adding D o...... do...... Treatment of hy- Do...... do...... perthyroidism Do...... do...... Salivary gland new paragraph (i) as follows: and/or cardiac scans. Do...... Diethylenetria- Kidney scans. dysfunction. mine pentaacetic § 130.3 New drugs for investigational Do...... do...... Treatment of thyroid car- acid (DTPA). use in human beings; exemptions Xenon 133...... Gas...... Diagnosis of cardia from section 5 0 5 (a ). cinoma. abnormalities. Do...... Iodlnated human Blood volume Cerebral blood- • • • ----• * serum albumin. determinations. flow studies. Do...... do...... Cisternography. Pulmonary (i) For requirements regarding cer­ D o...... Brain tumor function studies. localization. Muscle blood- tain radioactive drugs, see § 130.49. Do .. localization. flow studies. 2. The following new section is added Do...... do...... Cardiac scans for determination of to Subpart A: pericardial 1 This item has been removed from the AEC list for effusions. kidney scans but is included as the requirements of this § 130.49 Requirements regarding cer­ Do...... Bose Bengal_____ Liver function order cure applicable. tain radioactive drugs. studies. Do...... do...... Liver scans. (d) (1) In view of the extent of ex­ (a) On January 8, 1963 (28 F.R. 183), Do...... Iodopyracet, Kidney perience with the isotopes listed in para­ sodium function studies graph (c) of this section, the Atomic, the Commissioner of Food and Drugs iodohippurate, and kidney sodium scans. Energy Commission, the Division of Bio­ exempted investigational radioactive new diatrizoate, logies Standards of the National Insti­ diatrizoate drugs from § 130.3 provided they were methyl- tutes of Health, and the Food and Drug glucamine, Administration conclude that they should shipped in complete conformity with the sodium regulations issued by the Atomic Energy diprotrizoate, not be distributed under investigational- sodium use labeling when they are actually in­ Commission. This exemption also applied acetrizoate, or sodium tended for use in medical practice. to investigational radioactive biologies. iothalamate. (2) It is further concluded that man­ (b) It is the opinion of the Atomic Iodine 131...... Labeled fats Fat ufacturers or distributors interested in and/or fatty absorption Energy Commission, the Division of Bi­ acids. studies. continuing to ship in interstate com­ ologies Standards of the National insti­ Do...... Cholografin...... Cardiac scans for merce drugs containing the isotopes listed determination tutes of Health, and the Food and Drug of pericardial in paragraph (c) of this section for any effusions. of the indications listed should submit, Administration that this exemption Do...... Macroaggregated Lung scans. • iodlnated within 90 days after the effective date of should not apply for certain specific human serum this section, to the Bureau of Drugs, Food drugs and that these drugs should be albumin. and Drug Administration, 5600 Fishers Do...... Colloidal micro- Liver scans. appropriately labeled for uses for which aggregated Lane, Rockville, Md. 20852, a new-drug human serum application or a “Notice of Claimed In­ safety and effectiveness can be demon­ albumin. strated by new-drug applications or Diagnosis of thy- vestigational Exemption for a New Drug” roid function.* for each such drug for which the manu­ through licensing by the Public Health Do...... Blood volume serum albumin. determinations. facturer or distributor does not have an Service in the case of biologies. Contin­ D o...... Bose Bengal_____ Liver function approved new-drug application pursuant ued distribution under the investigational studies. to section 505(b) of the Federal Food, D o ...— .. . Iodopyracet, so- Kidney function exemption when the drugs are intended dium iodohippu­ studies. Drug, and Cosmetic Act. Any “Notice of rate, sodium Claimed Investigational Exemption for a for established uses will not be permitted. diatrizoate, dia­ (c) Based on its experience in regu­ trizoate methyl- New Drug” should be submitted in ac­ glucamine, so­ cordance with § 130.3, and any new-drug lating investigational radioactive phar- dium diprotri­ zoate, sodium application should be submitted in ac­ maceuticals, the Atomic Energy acetrizoate, or' cordance with § 130.4. Commission has compiled a list of reac­ sodium iothala- mate. , (3) If the drug is a biologic, a “Notice tor-produced isotopes for which it Do...... Fat absorption of Claimed Investigational Exemption for or fatty acids. studies. a New Drug” or an application for a li­ considers that applicants may reasonably Iron 59...... Chloride, citrate Iron turnover be expected to submit adequate evi­ and/or sulfate. studies. cense under the Public Health Service Krypton 85... . . Gas...... Diagnosis of car- Act of July 1, 1944, should be submitted dence of safety and effectiveness for use diac abnormal­ ities. to the Division of Biologies Standards as recommended in appropriate labeling; Mercury 197.. . . Chlormerodrin___ Kidney scans; of the National Institutes of Health, Pub­ such use may include, among others, the Do...... do...... Brain scans. Mercury 2031 Kidney scans; lic Health Service, Building 29, 9000 uses in this tabulation: Do...... do...... Brain scans. Rockville Pike, Bethesda, Md. 20014.

FEDERAL REGISTER, VOL. 36, NO. 212—-WEDNESDAY, NOVEMBER 3, 1971 21028 RULES AND REGULATIONS

(4) After such 90-day period, the iso­tering the law and by representatives of criminal record, but information drawn topes listed in paragraph (c) of this sec­ the press and other media. from Federal conviction records may be tion, in the “chemical form” and (3) Inasmuch as the Department of made available in response to a specific intended for the uses stated, will no Justice has generally fulfilled its re­ request. longer be exempt from § 130.3. sponsibilities with awareness and un­ (5) Because of the particular danger (e) No exemption from section 505 ofderstanding of the competing needs in of prejudice resulting from statements in the act or from § 130.3 is in effect or has this area, this statement, to a consider­ the period approaching and during trial, been in effect for radioactive drugs pre­ able extent, reflects and formalizes the they ought strenuously to be avoided pared from accelerator-produced radio­ standards to which representatives of during that period. Any such statement isotopes, naturally occurring isotopes, or the Department have adhered in the or release shall be made only on the in­ nonradioactive substances used in con­ past. Nonetheless, it will be helpful in frequent occasion when circumstances junction with isotopes. ensuring uniformity of practice to set absolutely demand a disclosure of in­ Effective date: This order shall become forth the following guidelines for all formation and shall include only infor­ effective 30 days after its date of pub­ personnel of the Department of Justice. mation which is clearly not prejudicial. lication in the Federal R egister. (4) Because of the difficulty and im­ (6) The release of certain types of portance of the questions they raise, it information generally tends to create (Secs. 505, 701 (a ), 52 Stat. 1052-53, as is felt that some portions of the matters amended, 1055; 21 U.S.C. 355, 371(a)) dangers of prejudice without serving a covered by this statement, such as the significant law enforcement function. Dated: October 18,1971. authorization to make available Federal Therefore, personnel of the Department conviction records and a description of should refrain from making available Charles C. Edwards, Commissioner of Food and Drugs. items seized at"the time of arrest, should the following: be the subject of continuing review and (i) Obsèrvations about a defendant’s [FR Doc.71-15905 Filed 11-2-71;8:45 am] consideration by the Department on the character. basis of experience and suggestions from (ii) Statements, admissions, confes­ those within and outside the Depart­ sions, or alibis attributable to a defend­ ment. ant, or the refusal or failure of the Title 28— JUDICIAL (b) Guidelines to criminal actions. accused to make a statement. (1) These guidelines shall apply to the (iii) Reference to investigative proce­ ADMINISTRATION release of information to news media dures such as fingerprints, polygraph Chapter I—-Department of Justice from the time a person is the subject of examinations, ballistic tests, or labora­ a criminal investigation until any pro­ tory tests, or to the refusal by the de­ [Order 470-71] ceeding resulting from such an investi­ fendant to submit to such tests or PART 50— STATEMENTS OF POLICY gation has been terminated by trial or examinations. otherwise. (iv) Statements concerning the iden­ Release of Information by Personnel (2) At no time shall personnel of the tity, testimony, or credibility of prospec­ of Department of Justice Relating Department of Justice furnish any state­ tive witnesses. to Criminal and Civil Proceedings ment or information for the purpose of (v) Statements concerning evidence or influencing the outcome of a defendant’s argument in the case, whether or not This order revises the existing Depart­ it is anticipated that such evidence or ment of Justice guidelines governing re­ trial, nor shall personnel of the Depart­ lease by Department personnel of infor­ ment furnish any statement or informa­ argument will be used at trial. mation relating to criminal proceedings tion, which could reasonably be expected (vi) Any opinion as to the accused’s to assure greater protection of the right to be disseminated by means o* public guilt, or the possibility of a plea of guilty of the accused to a fair trial and adds communication, if such a statement or to the offense charged, or the possibility guidelines for the release of information information may reasonably be expected of a plea to a lesser offense. regarding civil proceedings. to influence the outcome of a pending (7) Personnel of the Department of or future trial. By virtue of the authority vested in me Justice should take no action to encour­ (3) Personnel of the Department of age or assist news media in photograph­ by 28 U.S.C. 509, §50.2 of Part 50 of Justice, subject to specific limitations im­ chapter I of Title 28 of the Code of ing or televising a defendant or accused posed by law or court rule or order, may person being held or transported in Fed­ Federal Regulations is revised to read as make public the following information: follows: eral custody. Departmental represent­ (i) The defendant’s name, age, resi­ atives should not make available photo­ § 50.2 Release of information by per­ dence, employment, marital status, and graphs of a defendant unless a law sonnel o f the Department o f Justice similar background information. enforcement function is served thereby. relating to criminal and civil pro­ (ii) The substance or text of the (8) This statement of policy is not in­ ceedings. charge, such as a complaint, indictment, tended to restrict the release of informa­ (a) General. (1) The availability toor information. tion concerning a defendant who is a news media of information in criminal (iii) The identity of the investigating fugitive from justice. and civil cases is a matter which has and/or arresting agency and the length or scope of an investigation. (9) Since the purpose of this state­ become increasingly a subject of con­ ment is to set forth generally applicable cern in the administration of justice. (iv) The circumstances immediately surrounding an arrest, including the guidelines, there will, of course, be The purpose of this statement is to for­ situations in which it will limit the re­ mulate specific guidelines for the release time and place of arrest, resistance, pur­ lease of information which would not be of such information by personnel of the suit, possession and use of weapons, and prejudicial under the particular circum­ Department of Justice. a description of physical items seized at stances. If a representative of the De-, (2) While the release .of informationthe time of arrest. partment believes that in the interest of for the purpose of influencing a trial is, Disclosures should include only incon­ the fair administration of justice and of course, always improper, there are trovertible, factual matters, and should the law enforcement process information valid reasons for making available to not include subjective observations. In beyond these guidelines should be re­ the public information about the ad­ addition, where background informa­ leased, in a particular case, he shall re­ ministration of the law. The task of tion or information relating to the cir­ quest the permission of the Attorney striking a fair balance between the pro­ cumstances of an arrest or investigation Genera! or the Deputy Attorney General tection of individuals accused of crime would be highly prejudical or where the to do so. or involved in civil proceedings with release thereof would serve no law en­ (c) Guidelines to civil actions. Per­ the Government and public understand­ forcement function, such information sonnel of the Department of Justice as­ ings of the problems of controlling crime should not be made public. sociated with a civil action shall not and administering government depends (4) Personnel of the Department shall during its investigation or litigation largely on the exercise of sound judg­ not volunteer for publication any infor­ make or participate in making an extra­ ment by those responsible for adminis- mation concerning a defendant’s prior judicial statement, other than a quota-

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 RULES AND REGULATIONS 21029

(Sec. 307(a), Federal Aviation Act of 1958, 49 dure (VOR Rwy 17—Corpus Christi In­ tion from or reference to public records, U.S.C. 1348; sec. 8(c), Department of Trans­ ternational) was changed accordingly. which a reasonable person would expect portation Act, 49 U.S.C. 1655(c)) Action is being taken herein to change to be disseminated by means of public Issued in Fort Worth, Tex., on Octo­ tiie airspace description to indicate the communication if there is a reasonable VORTAC 202° radial rather than the likelihood that such dissemination will ber 22,1971. 200° radial. As the extent of airspace will interfere with a fair trial and which R . V. R eynolds, Acting Director, Southroest Region. not be increased and the airspace affected relates to • is minor, notice and public procedures are (1) Evidence regarding the occurrence [FR Doc.71-15965 Filed 11-2-71; 8:45 am] considered unnecessary and the amend­ or transaction involved. ment may be effective immediately. (2) The character, credibility, or [Airspace Docket No. 71-SW—59] In consideration of the foregoing, Part criminal records of a party, witness, or 71 of the Federal Aviation Regulations is prospective witness. amended, effective immediately, as here­ (3) The performance or results of any PART 71— DESIGNATION OF FEDERAL examinations or tests or the refusal or AIRWAYS, AREA LOW ROUTES, in set forth. failure of a party to submit to such. CONTROLLED AIRSPACE, AND RE­ In § 71.171 (36 F.R. 2055), the Corpus (4) An opinion as to the merits of the PORTING POINTS Christi, Texas, control zone is amended claims or defenses of a party, except as by deleting “VORTAC 200° radial” and required by law or administrative rule. Alteration of Control Zone and substituting “VORTAC 202° radial” (5) Any other matter reasonably like­ Transition Area therefor. ly to interfere with a fair trial of the The purpose of this amendment is to (Sec. 307(a), Federal Aviation Act of 1958, action. alter the description of the Albuquerque, 49 U.S.C. 1348; sec. 6(c), Department of Transportation Act, 49 U.S.C. 1655(c)) Dated: October 26,1971. N. Mex., control zone and transition area. The present control zone and transi­ Issued in Forth Worth, Tex., on Oc­ John N. Mitchell, Attorney General. tion area descriptions include specific tober 22, 1971. reference to the Albuquerque Sunport R . V. R eynolds, [FR Doc.71-15098 Filed 11-2-71;8:48 am] Airport/Kirtland AFB; however, the Acting Director, Southwest Region. name of this airport has now been [FR Doc.71-15967 Filed ll-2-71;8:45 am] changed to Albuquerque International Airport. Title 14— AERONAUTICS As this amendment imposes no addi­ [Airspace Docket No. 71-EA-144] tional burden on any person, notice and PART 71— designation o f fe d er a l public procedures hereon are unneces­ AIRWAYS, AREA LOW ROUTES, AND SPACE sary and the amendment may be effec­ Chapter I— Federal Aviation Adminis­ tive immediately. CONTROLLED AIRSPACE, AND RE­ tration, Department of Transportation In consideration of the foregoing, Part PORTING POINTS 71 of the Federal Aviation Regulations is Alteration of Control Zone [Airpace Docket No. 71-SW-51] amended, effective immediately, as here­ PART 71 — DESIGNATION OF FEDERAL inafter set forth. The Federal Aviation Administration is amending § 71.171 of Part 71 of the Fed­ AIRWAYS, AREA LOW ROUTES, In §71.171 (36 F.R. 2055) and in §71.181 (36 F.R. 2140) , the Albuquerque, eral Aviation Regulations so as to alter CONTROLLED AIRSPACE, AND RE­ N. Mex., control zone and transition area the Danville, Va., control zone (36 F.R. PORTING POINTS are amended by deleting “Albuquerque 2073). On January 13, 1972, the Flight Serv­ Designation of Transition Area Sunport Airport/Kirtland AFB” and substituting “Albuquerque International ice Station’s hours of operation will be The purpose of this amendment to Airport” therefor, wherever it appears. reduced to 0600-2200 hours, local time, daily. This will require a similar reduc­ Part 71 of the Federal Aviation Regula­ (Sec. 307(a), Federal Aviation Act of 1958, tions is to designate a 700-foot transi­ 49 U.S.C. 1348; sec. 6(c), Department of tion in the hours of the existence of the tion area at Breckenridge, Tex. Transportation Act, 49 U.S.C. 1655 (c) ) control zone. On September 9,1971, a notice of pro­ Since the foregoing amendment is less posed rule making was published in the Issued in Fort Worth, Tex0 on Octo­ restrictive in nature, notice and public Federal R egister (36 FJR. 18109) stating ber 22, 1971. procedure are unnecessary and the the Federal Aviation Administration pro­ R . V. R eynolds, amendment may be made effective in less posed to designate a transition area at Acting Director, Southwest Region. than 30 days. Breckenridge, Tex. [FR Doc.71-15966 Filed ll-2-71;8:45 am] The Federal Aviation Administration Interested persons were afforded an having reviewed the airspace require­ ments in the terminal airspace of Dan­ opportunity to participate in the rule [Airspace Docket No. 71-SW—60] making through submission of com­ ville, Va., the amendment is herewith ments. All comments received were PART 71— DESIGNATION OF FEDERAL made effective upon publication in the favorable. AIRWAYS, AREA LOW ROUTES, F ederal R egister as follows: In consideration of the foregoing, 1. Amend § 71.171 of Part 71, Federal CONTROLLED AIRSPACE, AND RE­ Aviation Regulations, so as to amend the Part 71 of the Federal Aviation Regula­ PORTING POINTS tions is amended, effective 0901 G.m.t., description of the Danville, Va. control January 6, 1972, as hereinafter set Alteration of Control Zone zone by adding, “This control zone is ef­ forth. fective from 0600 to 2200 hours, local The purpose of tins amendment to Part time, daily” , following the phrase, “7 In § 71.181 (36 F.R. 2140), the follow­ 71 of the Federal Aviation Regulations is miles SW of the VOR.” ing transition area is added: to alter the Corpus Christi, Tex., control (Sec. 307(a), Federal Aviation Act of 1958, B reckenridge, T e x . zone. 72 Stat. 749; 49 U.S.C. 1348; sec. 6(c ), Depart­ That airspace extending upward from 700 The present description of the Corpus ment of Transportation Act, 49 U.S.C. feet above the surface within a 5-mile radius Christi, Tex., control zone includes an ex­ 1655(c)) of Stephens County Airport (latitude tension to the northeast based on utiliza­ Issued in Jamaica, N.Y., on October 15, 32°43'01" N., longitude 98°53’34'' W.) and tion of tile Corpus Christi VORTAC 200° within 3.5 miles each side of the 004° bearing 1971. from the Breckenridge RBN (latitude radial (191° magnetic). It was deter­ R obert H. S tanton, 32°44'50” N., longitude 98°53'27" W.) ex­ mined that the 202° radial (193° mag­ Acting Director, Eastern Region. netic) affords a more suitable final ap­ tending from the 5-mile radius area to 11.5 [FR Doc.71-15968 Filed ll-2-71;8:45 am] miles north of the RBN. proach course and the approach proce­

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21030 RULES AND REGULATIONS

[Airspace Docket No. 71-EA-145] [ Airspace Docket No. 71-WA-2B ] Location, North PART 71— DESIGNATION OF FEDERAL PART 75— ESTABLISHMENT OF JET latitude/West Reference Waypoint name longitude (in facility AIRWAYS, AREA LOW ROUTES, ROUTES AND AREA HIGH ROUTES degrees, minutes CONTROLLED AIRSPACE, AND RE­ and seconds) PORTING POINTS Designation of Area High Routes On March 4,1971, a notice of proposed J826R (K ansas City, Mo., to C hicago, III.) Alteration of Control Zone and rule making was published in the F ed­ Bogard, Mo------._ 39 24 13/93 44 49 Lamoni, Iowa. Bradford, III...... 41 09 35/89 35 16 Dubuque, Iowa. Transition Area eral R egister (36 F.R. 4298) stating that Warren, 111...... 41 48 38/88 16 07 Joliet, 111. the Federal Aviation Administration The Federal Aviation Administration J827R (Chicago, III., to K ansas City, Mo.) is amending §§ 71.171 and 71.181 of Part (FAA) was considering an amendment to Part 75 of the Federal Aviation Regu­ Morrison, 111...... 41 55 53/89 47 00 Bradford, 111. 71 of the Federal Aviation Regulations Kirksville, M o.. . . 40 08 06/92 35 30 Lamoni, Iowa. so as to alter the Harrisburg, Pa., con­ lations that would designate area high Lawson, Mo_____ 39 30 13/94 05 16 Lamoni, Iowa. routes as a part of the overall program trol zone (36 F.R. 2088) and transition J830R (St. L ouis, Mo., to N ew Y oke, N .Y.) area (36 F.R. 2199). to establish an area navigation route structure. Marine, 111...... 38 43 46/89 51 54 Capital, 111. The Harrisburg State and Olmsted Gosport, In d ...... 39 25 27/86 39 29 Lafayette, Ind. To date, nine of the proposed high Spot, Ohio...... 42 00 19/80 56 16 Carleton, Mich. State Airports were recently renamed routes have been designated in two rules. Ormsby, P a...... 41 48 09/78 38 27 Buffalo, N.Y. Capital City Airport and Harrisburg In­ Additional proposed routes, J826R, Sparta, N J ...... 41 04 03/74 32 19 Sparta, N.J. ternational Airport-Olmsted Field re­ J827R, J830R, J834R, J836R, J839R, J834R (Chicago, III., to Cleveland, Ohio) spectively. To reflect these airport name J846R, and J849R have now been suc­ Kinderhook, Mich. 41 47 37/85 00 23 Fort Wayne, Ind. changes, alteration of the Harrisburg, cessfully flight inspected and are being Henrietta, O hio... 41 19 23/82 22 42 Carleton, Mich. Pa. control zone and 700-foot floor tran­ designated in this rule. Interested per­ sition area descriptions will be required. J836R (Chicago, III., to C incinnati, Ohio) sons were afforded an opportunity to Judyville, Ind...... 40 14 20/87 22 35 Fort Wayne, Ind. Since the foregoing amendment is edi­ participate in the proposed rule making Osgood, Ind...... ,. 39 09 27/85 12 25 Fort Wayne, Ind" torial in nature, notice and public pro­ cedure thereon are unnecessary and the through the submission of comments. J839R (Jacksonville, Fl a ., to A tlanta, Ga .) amendment may be made effective in less Due consideration was given to all rele­ Woodbine, Ga____ 30 45 00/81 44 02 Savannah, Ga. than 30 days. vant matter presented. Sinclair, Ga...... 33 05 19/83 33 03 Augusta, Ga. In view of the foregoing, Federal Avia­ The USAF Strategic Air Command J846R (Omaha, N e b r., to C hicago, III.) tion Administration having reviewed the tentatively objected to the proposed Omaha, Nebr____ 41 18 00/95 54 00 Lamoni, Iowa. Des Moines, Iowa.. 41 26 15/93 38 54 Lamoni, Iowa. airspace requirements in the terminal routes due to possible derogation to their Scales Mound, 111.. 42 22 53/90 24 00 Iowa City, Iowa. airspace of Harrisburg, Pa., the amend­ Lakewood, IU____ 42 12 21/88 18 53 Milwaukee, Wis. ment is herewith made effective upon training program by conflicts between J849R (Chicago. 111., to D es Moines, Iowa) publication in the Federal R egister (11- some of the proposed routes and USAF radar bomb scoring routes, refueling Morrison, 111...... 41 55 53/89 47 00 Bradford, 111. 3-71), as follows: Runnells, Iowa___ 41 36 44/93 22 48 Mason City, 1. Amend § 71.171 of Part 71, Federal areas, or other orbital paths. The FAA Iowa. Aviation Regulations, so as to amend regions involved have assured USAF that the Harrisburg, Pa. control zone as procedural separation shall be provided (Sec. 307(a), Federal Aviation Act of 1958, follows: 49 U.S.C. 1348(a); sec. 6(c), Department between military aircraft and civil air­ of Transportation Act, 49 U.S.C. 1655(c)) a. Delete, “Harrisburg State Airport”, craft at route conflict points. and substitute, “Capital City Airport” , Issued in Washington, D.C., on Octo­ therefor wherever it appears in the New reference facilities were selected ber 26, 1971. text. to improve signal coverage for some H. B. H elstrom, b. Delete, “Olmsted State Airport”, waypoints in each of the routes herein, Chief, Airspace and Air and substitute, “Harrisburg Interna­ except J836R which remains as origi­ Traffic Rules Division. tional Airport-Olmsted Field”, therefor nally proposed. One waypoint was elimi­ [FR Doc.71-15970 Filed 11-2-71; 8:45 am] wherever it appears in the text. nated from J830R. Also, J839R 2. Amend § 71.181 of Part 71, Federal (Jacksonville, Fla., to Atlanta, Ga.) was Aviation Regulations, so as to amend the Harrisburg, Pa. 700-foot floor realigned by relocating the first way- Title 38— PENSIONS, BONUSES, transition area as follows: point to effect segregation from proposed a. Delete, “Harrisburg State Airport”, parallel route J838R planned for desig­ AND VETERANS’ RELIEF nation in a future rule. This realign­ and substitute, “Capital City Airport”, Chapter I— Veterans Administration therefor. ment is minor in nature. The reference b. Delete, “Olmsted State Airport”, facility changes involved do not affect PART 17— MEDICAL and substitute, “Harrisburg-Interna­ route alignments. Board on Collections and tional Airport—Olmsted Field”, therefor Remaining routes in Airspace Docket wherever it appears in the text. Compromises No. 71-WA-2 will be issued in one or (Sec. 307(a), Federal Aviation Act of 1958, 1. In § 17.300, the introductory text 72 Stat. 749; 49 U.S.C. 1348; sec. 6(c), of the more final rules soon after flight inspec­ preceding paragraph (a) is amended to Department of Transportation Act, 49 U.S.C. tion has been completed. read as follows: 1655(c)) In consideration of the foregoing, § 17.300 Establishment and jurisdiction. Issued in Jamaica, N.Y., on October 15, Part 75 of the Federal Aviation Regula­ tions is amended, effective 0901 G.m.t., There is established in the Department 1971. of Medicine and Surgery, under the R obert H. Stanton, January 6,1972, as hereinafter set forth. supervision and administrative control Acting Director, Eastern Region. In § 75.400 (36 F.R. 2370) the following of the Executive Assistant to the Chief [FR Doc.71-15969 Filed ll-2-71;8:45 am] area high routes are added: Medical Director, a Board on Collections

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 RULES AND REGULATIONS 21031 and Compromises. The Board shall con­ Sec. (d) The identification of permanent sider and determine, except for deter­ 101-11.410-4 Vital records. records, in accordance with records re­ 101-11.411-2 Transfers via Federal records tention plans. (See § 101-11.403-4.) minations as to litigative probabilities centers. and other legal considerations for 5. Section 101-11.401-5 is revised to which authority has been delegated to Subpart 101—11.4— Disposition of read as follows: the general counsel under § 2.6(e) (4) (i) Federal Records of this chapter, questions involving any § 101—11.401—5 Application o f records offer to settle for less than liquidated 1. Section 101-11.401-1 is revised to control schedules. value, and proposals to terminate col­ read as follows: The head of each Federal agency shall lection action or to suspend collection § 101—11.401—1 Records scheduling pro­ take necessary action to obtain the ap­ action for 1 year or more, which are grams. plication of records control schedules to properly referred to the Board under A records scheduling program is essen­ provide for the maximum economy of §§ 17.64 and 17.65, in any claim asserted tial to promote a prompt and orderly re­ space, equipment, and personnel. Two by the Veterans Administration on a duction in the quantity of records in copies of each directive or other issuance debt or obligation owed the Veterans each Federal agency in accordance with (including the text of schedules as is­ Administration, if : 44 U.S.C. 2904, 3102, and 3301. sued) affecting the agency’s records dis­ * * * * * 2. Section 101-11.401-2 is amended by position program at the bureau or higher 2. Section 17.302 is revised to read as adding paragraph (d) and revising the organizational level shall be transmitted follows: introductory text as follows: to the General Services Administration (NNA), Washington, D.C. 20408, upon its § 17.302 Selection of members. § 101—11.401—2 Basic elements in rec­ promulgation. ords scheduling programs. The members of the Board on Collec­ 6. Sections 101-11.403-1 and 101- tions and Compromises, and their alter­ Four basic elements are present in a 11.403-4 (b) are revised to read as nates, shall be selected so that each records scheduling program: follows : organizational element headed by an As­ * * * * * § 101—11.403—1 Authority. sistant Chief Medical Director is repre­ (d) The identification and selection sented on the Board. The chairman and of permanent records in accordance with The head of each Federal agency shall his alternate shall be selected from the records retention plans. (See § 101— make and preserve records containing staff of the Executive Assistant to the 11.403-4.) adequate and proper documentation of Chief Medical Director. the organization, functions, policies, de­ (72 Stat. 1114; 38 TJ.S.C. 210) 3. Sections 101-11.401-3 (a) and (b) cisions, procedures, and essential trans­ are revised to read as follows: actions of the agency (44 U.S.C. 3101). This VA Regulation is effective the The Administrator of General Services date of approval. § 101—11.401—3 Formulation o f records control schedules. will establish standards for the selective Approved: October 27,1971. ***** retention of those records having con­ tinuing value and assist Federal agen­ By direction of the Administrator. (a) Each Federal agency shall compile cies in applying the standards to records [seal] F red B. R hodes, and maintain on a current basis a rec­ in their custody (44 U.S.C. 2905). Deputy Administrator. ords control schedule for all major groups of records in its custody having § 101—11.403—4 Application o f records [FR Doc.71-16007 Filed 11-2-71; 8:48 am]* importance in terms of content, bulk, or retention plans. space and equipment occupied. For all * * * * * newly created Federal agencies such (b) Within 6 months after receipt of schedules shall be completed within 1 a plan, an agency shall revise its records Title 41— PUBLIC CONTRACTS year after creation of the agency. control schedules in accordance with the (b) Schedules shall clearly identify provisions of the plan to insure that all AND PROPERTY MANAGEMENT and describe the series of records cov­ records designated in the plan are re­ ered, and shall contain instructions that, tained and periodically transferred to Chapter 101— Federal Property when approved, can be readily applied. the National Archives of the' United Management Regulations Schedules must be readily adaptable to States. SUBCHAPTER B— ARCHIVES AND RECORDS use along organizational lines so that * * * * * each office will have standing instruc­ PART 101-11— RECORDS 7. Section 101-11.404-1 is revised to tions for the disposition or retention of read as follows: MANAGEMENT records in its custody. * * * * * § 101—11.404—1 Authority. Disposition of Federal Records 4. Section 101-11.401-4 is amended by (a) The Administrator of General Subpart 101-11.4 is amended to con­ revising paragraph (b) and adding para­ Services will establish standards for the form to the provisions of Public Law graph (d) as follows: selective retention of records of con­ 91-287, approved June 23, 1970, which tinuing value (44 U.S.C. 2905) . amended the Records Disposal Law of § 101—11.401—4 Provisions o f records (b) No records of the U.S. Govern­ 1943 (44 U.S.C. Ch. 33), and to reflect control schedules. ment shall be alienated or destroyed ex­ changes in the organization of the Gen­ ***** cept in accordance with 44 U.S.C. 3314. eral Services Administration. (b) The removal to a Federal records (c) The Administrator may promul­ The table of contents for Part 101-11 center (or to an agency records center gate General Records Schedules author­ Is amended as follows: approved under § 101-11.412) of those izing the disposal, after the lapse of spec­ Sec. records which cannot be disposed of im­ ified periods of time, of records of a 101-11.410 Transfer of records to Federal mediately but which need not be main­ specified form or character common to records centers. tained in office space and equipment. several or all agencies if such records will not, at the end of the periods spec­ 101-11.410-2 Procedures for transfers to Such records will be maintained by the Federal records centers. ified, have sufficient administrative, 101-11.41Q-3 Procedures for transfers to the records center pending their transfer or legal, research, or other value to war­ National Personnel Records disposal. rant their further preservation by the Center, St. Louis, Mo. • • * * * Government (44 U.S.C. 3303a).

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21032 RULES AND REGULATIONS

(d) These schedules constitute author­§ 101—11.406—5 Approval o f requests § 1 0 1 —11.407—2 M e n a c e s to human ity to dispose of the records included for disposal authority. health or life or to property. therein. Agencies may apply this author­ ity subject to approval of the Comptrol­ After review by the National Archives (a) Disposal is authorized whenever ler General of the United States when and Records Service, the Archivist of the it is determined that records constitute required by 44 U.S.C. 3309. Such com­ United States will determine whether the a continuing menace to human health mon records disposal authority is per­ records are disposable. If the Archivist or life or to property (44 U.S.C. 3310). missive and not mandatory. Provisions of approves the disposal request, the Na­ Whenever the head of an agency has tional Archives and Records Service will determined that records constitute such the General Records Schedules may be notify the agency by returning one copy applied to records in the custody of the a menace, he shall notify the National Archivist of the United States at his dis­ of completed Standard Form 115. This Archives and Records Service, specifying cretion. (Agencies desiring authority to shall constitute the disposal authoriza­ the nature of the records, their location dispose of records covered by such sched­ tion, which is mandatory. (For extension and quantity, and the nature of the men­ ules after different periods of time than of retention periods or withdrawal of ace. If the National Archives and the periods in the General Records disposal authority, see §§ 101-11.406-7 Records Service concurs in the determi­ Schedules shall make request therefor and 101-11.406-8.) Such authorized dis­ nation, the immediate removal of the in the manner prescribed by § 101-11.- posal shall be accomplished as prescribed menace by the destruction of the records 406.) In addition, since the staff agencies in § 101-11.408. Agencies shall forward 16 or by other appropriate means will be involved have approved the standards copies of all formally published disposal directed. However, if the determination authorities to the National Archives and is with respect to still or motion picture embodied in these schedules, such re­ Records Service (NC). quests shall be supported by an explana­ film on nitrocellulose base that has tion of the basis for the shorter reten­ § 101—11.406—6 Mutilation and destruc­ deteriorated to the extent described in tion period proposed. tion of records. paragraph (b) of this section, the head of the agency may follow the procedure 8. Section 101-11.406 is amended to (a) The Administrator .and the headstherein provided. read as follows: of Federal agencies are responsible for preventing the unlawful removal, defac­ ***** § 101—11.406 Agency disposal authority. ing, alteration, or destruction of records § 101—11.407—3 State o f war or threat­ § 101—11.406—1 Authority. (44 U.S.C. 2905, 3106). ened war. No records of the Government shall * * * * * (a) Destruction of records outside the be alienated or destroyed except in ac­ § 101—11.406—7 Extension o f retention territorial limits of the continental cordance with 44 U.S.C. 3314. The Ad­ periods. United States is authorized whenever, during a state of war between the United ministrator will establish procedures to In an emergency or when it is in the be followed by Federal agencies in com­ States and any other nation or when hos­ interest of economy, the head of a Fed­ tile action by a foreign power appears piling and submitting lists and sched­ eral agency may retain records author­ ules of records proposed for disposal (44 imminent, the head of the agency that U.S.C. 3302). ized for disposal after the specified has custody of the records determines retention period. When records are so re­ that their retention would be prejudicial § 101—11.406—2 Submsision of disposal tained, a copy of the directive directing to the interest of the United States, or requests. such retention shall be furnished to the that they occupy space urgently needed Requests for authorization to dispose Administrator and such records shall be for military purposes and are without; of records shall be initiated by Federal disposed of as soon as administratively sufficient value to warrant preservation agencies by submitting records disposal practicable (44 U.S.C. 2909). (44 U.S.C. 3311). lists or schedules to the National Archives § 101—11.406—8 Withdrawal o f disposal ***** and Records Service on Standard Form authority. 115, Request for Authority to Dispose of 10. Sections 101-11.408-1 and 101- In an emergency or when it is in the 11.408-2 are revised to read as follows: Records, and Standard Form 115-A, Re­ interest of efficiency of Government op­ quest for Authority to Dispose of Rec­ erations, GSA will withdraw disposal au­ § 101—11.408—1 "Authority. ords—Continuation Sheet, if necessary thorizations in approved disposal sched­ Federal agencies are required to fol­ (§§ 101-11.4902 through 101-11.4904). ules (44 U.S.C. 2909). Such withdrawal low regulations issued by the Adminis­ Standard Form 115 may be used for trator governing the methods for use in submitting either a list or schedule, by may apply to particular items on sched­ ules submitted by agencies or may apply disposing of records (44 U.S.C. 3314). checking either A or B under entry 6 to all existing authorizations for the Only the methods in this § 101-11.408 of the form. Authority contained in an disposal of a specified type of record ob­ shall be used. approved list is limited to records al­ ready in existence and should be used tained by any or all agencies of the Gov­ § 1 0 1 —11.408—2 Sale or'salvage. ernment. If the withdrawal is applicable only when records of the types described Paper records to be disposed of shall are no longer accumulating. A schedule to only one agency, that agency will be notified of such action by letter signed normally be sold as wastepaper. If the gives continuing authorization and will records are defense classified, their dis­ be used in all instances where the types by the Archivist; if applicable to more than one agency, notification may be by posal is governed by Executive Order of records described in the request will 10501 of November 5, 1953 (3 CFR). If continue to accumulate. GSA bulletin issued and signed by the Archivist. the records are restricted, that is, if laws ***** or regulations forbid their use by the § 101—11.406—9 Supersession of disposal § 101—1.1.406—4 General Accounting Of­ public, the wastepaper contractor shall authority. fice clearance. be required to pulp, macerate, or shred them. The contracting officer shall name Each Federal agency shall obtain the Disposal authorizations contained in approved disposal schedules are auto­ a Federal employee to witness the dis­ approval of the Comptroller General for posal. For all other records the contract the disposal of certain classes of records matically superseded by approval of a later schedule applicable to the same rec­ for sale shall prohibit their resale for use relating to claims and demands by or as records or documents. Records other against the Government or to accounts ords unless the later schedule specifi­ than paper records (film, plastic record­ in which the Government is concerned. cally provides that both the earlier and ings, etc.) may be salvaged or sold in the Such approval shall be obtained either later schedules shall be applicable at the same manner and under the same condi­ prior to or concurrently with the sub­ tions as paper records. All sales shall mission of the disposal request to the agency’s discretion. 9. Sections 101-11.407-2 (a) and 101-be in accordance with the established National Archives and Records Service procedures for the sale of surplus per­ (44 U.S.C. 3309). 11.407-3 (a) are revised to read as fol­ lows: sonal property. (See FPMR regulations,

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 RULES AND REGULATIONS 2103a subchapter H, § 101-45 Sale, Abandon­ (f) Federal records centers will fur­ GSA Areas served Mailing addresses ment, or Destruction of Personal region______nish agencies with a receipt acknowl­ Property.) edging the transfer of records by return­ 6. Kansas, Iowa, Ne­ Federal Records ing to the transferring agency a signed 11. Sections 101-11.409-1 and 101- braska, and Mis­ Center, 2306 East - souri except greater Bannister Rd., copy of the standard form required by 11.409-9(a) are revised to read as St. Louis area. Kansas City, MO paragraph (e) of this section. The re­ follows: 64131. Greater St. Louis National Personnel turned copy will serve as a future aid § 101—11.409—1 Authority. area (Missouri Records Center, in requesting reference service, as it will only). 111 Winnebago St., The Administrator will issue regula­ St. Louis, MO 63118. be annotated with the numbers of the 7. Texas, Oklahoma, Federal Records records center containers in which the tions governing the transfer of records Arkansas, Louisi­ Center, Post Office from the custody of one executive agency ana, and New Box 6216, Fort records are stored. to another (44 U.S.C. 2908). Mexico. Worth, T X 76116. Colorado, Wyoming, Federal Records § 101—11.410—3 Procedures for transfer § 101—11.409—9 Exceptions. Utah, Montana, Center, Building 48, to the National Personnel Records North Dakota, and Denver Federal Center, St. Louis, Mo. * * * * * South Dakota. Center, Denver, CO 80225. General Records Schedules 1 and 2 (a) When records are transferred to 9. Nevada except Clark Federal Records specify that certain civilian personnel the Federal records centers or the Na­ County, California Center, Building 1, except Southern 100 Harrison St., and pay records shall be centralized at tional Archives Building in accordance California and San Francisco, CA the National Personnel Records Center with §§ 101-11.410 and 101-11.411. Pacific Ocean areas. 94105. Arizona; Clark Federal Records (Civilian Personnel Records) at St. Louis. * * * * * County, Nevada; Center, 4747 * * * * 4c 12. Section 101-11.410 is amended as and Southern Cali­ Eastern Ave., Bell, fornia (counties of CA 90201. (b) Official personnel folders should follows: San Luis Obispo, Kern, San Bernar­ be transferred to the Center by trans­ § 101—11.410 Transfer o f records to dino, Santa Bar­ mittal letter specifying the number of Federal records centers. bara, Ventura, Orange, Los folders and the month and year of sepa­ § 101—11.410—1 Authority. Angeles, Riverside, ration of employees. Receipts will not be Inyo, Imperial, San furnished for official personnel folders, The Administrator of General Services Diego). 10. Washington, Oregon, Federal Records loose papers intended for inclusion in is authorized to establish, maintain, and Idaho, and Alaska. Center, 6125 Sand such folders, or pay records. operate records centers for the storage, Point Way, Seattle, WA 98115. (c) Loose papers being prepared for processing, and servicing of records for transfer for inclusion in official person­ Federal agencies (44 U.S.C. 2907). Such nel folders previously sent to thé records centers are known as Federal records § 101—11.410—2 Procedures for trans­ fers to Federal records centers. center shall be screened of temporary centers. In addition, a National Person­ material, as defined in the Federal Per­ nel Records Center is maintained for This § 101-11.410-2 contains proce­ sonnel Manual, and only the papers pre­ designated records of the Department of dures governing the transfer of records scribed as essential for inclusion in each Defense and the U.S. Civil Service Com­ to Federal records centers. Such proce­ individual’s folder shall be forwarded. mission and for other designated records dures also appear in detail in the GSA Each paper should show the following pertaining to former Federal civilian Records Management Handbook, “Fed­ concerning the employee: Full name, date employees. A list of these records centers eral Records Centers.” of birth, social security number, and date follows: (a) Federal records centers will ac­ of separation. cept for transfer any records offered by (d) Transfer of fiscal records shall be OSA Areas served Mailing addresses Federal agencies, subject to the follow­ accompanied by Standard Form 135 in region______- ing conditions: triplicate. When feasible, records shall be Designated records of. National Personnel (1) The records are not authorized for transferred in the standard corrugated the Military Records Center, immediate disposal and transportation boxes used by the records centers. Departments and 9700 Page Blvd., the U.S. Coast §t. Louis, MO 63132. costs are not in excess of the resulting (e) Standard Form 127, Request for Guard. savings, and Entire Federal Gov- National Personnel Official Personnel Folder (Separated Em­ ernment (for Records Center, 111 (2) Facilities for storing and providing ployee) (§ 101-11.4906) shall be used by personnel and pay Winnebago Street, reference service on the records are agencies in requesting transmission of records of separated St. Louis, MO 63118. Civilian employees; available. personnel records of separated employees other designated * * * * * from the records center. Use of this form records). (c) Transfers may be initiated by ei­ insures prompt transmission of the de­ sired folders. It should be submitted to 1------Maine, Vermont, Federal Records ther oral or written request to the mana­ New Hampshire, Center, 380 Trapelo ger of the Federal records center in the the records center in duplicate. M assachusetts, Rd., Waltham, MA GSA region in which the records are Connecticut, and 02154. § 1 0 1 —11.410—4 Vital records. Rhode Island. located. Requests shall specify the nature z------New York, New Federal Records and quantity of the records proposed for GSA has established a single, centrally Jersey, Puerto Center, 641 Wash­ transfer. located depository suitable for the stor­ Rico, and the ington St., New age and protection of emergency pre­ Virgin Islands. York, N Y 10014. (d) Transfers of records on an agency­ 5...... Delaware and Federal Records paredness records as described in Subpart Pennsylvania east Center, 5000 wide basis may be initiated by central 101-11.7. The depository is accessible to of Lancaster. - Wissahickon Ave., or headquarters offices of agencies by Philadelphia, PA rail, motor, and air transportation. It has 19144. either oral or written request to the Gen­ temperature and humidity controls al­ Pennsylvania except Federal Records eral Services Administration (NC), areas east of Center, Naval lowing the safe storage of paper records, Lancaster. Supply Depot, Washington, D.C. 20408. Requests shall magnetic tape, and photographic film. Bldg. 308, specify the nature and quantity of the Agencies may make arrangements Mechanicsburg, PA records proposed for transfer. ‘ 17055. through the General Services Adminis­ District of Columbia, Washington National (e) Transfers to the Federal records tration (NC), Washington, DC 20408 for Maryland, West Records Center, Virginia, and Washington, DC centers shall be accompanied by Stand­ the transfer of indispensable records to . . Virginia. 20409. ard Form 135, Records Transmittal and this depository and for their use. *...... — North Carolina, Federal Records Receipt (§ 101-11.4907), and Standard South Carolina, Center, 1557 St. § 101—11.410—5 Surveys of records avail­ Tennessee, Missis­ Joseph Ave., East Form 135-A, Records Transmittal and sippi, Alabama, Point, GA 30044. Receipt Continuation Sheet (§ 101- able for transfer. Georgia, Florida, . and Kentucky. 11.4908), if necessary, in triplicate. When The appropriate regional National ------Illinois, Wisconsin, Federal Records feasible, records should be transferred in Archives and Records Service facility will Michigan, Indiana, Center, 7201 South Ohio, and Leamington Ave., standard corrugated boxes used by the conduct surveys of the records accumu­ Minnesota. Chicago, IL 60638. records centers. lations of field offices of those agencies

FEDERAL REGISTER, VOL. 36, NO. .212— WEDNESDAY, NOVEMBER 3, 1971 No. 212-----3 21034 RULES AND REGULATIONS not operating approved records centers initiated by Federal agencies by written and recommend records to be transferred request to the General Services Admin­ Title 43— PUBLIC LANDS: to Federal records centers. Such recom­ istration (NNA), Washington, D.C. mendations will be submitted to the field 20408, specifying the nature and quan­ INTERIOR office concerned and to the National tity of the records proposed for transfer. Subtitle A— Office of the Secretary of Archives and Records Service, GSA Cen­ Existing arrangements for the transfer tral Office (NCO), for coordination with of records of the Congress will be the Interior the appropriate agency headquarters. continued. [Circular No. 2315] Surveys of records of agency headquar­ ters normally will be made by the Na­ PART 24— PRESERVATION, USE, AND (b) Records of the Congress. MANAGEMENT OF FISH AND WILD- tional Archives and Records Service, (c) Records of the Supreme Court. Central Office (NCO). LIFE RESOURCES ***** § 101—11.410—6 Release of equipment. On page 14573 of the Federal R egister 15. Section 101-11.411-5 (a) is revised File equipment received with the trans­ of September 17, 1970, there was pub­ and § 101-11.411-5 (b) is amended to lished a regulation which set forth the fer of records to a Federal records center read as follows: will normally be disposed of in accord­ Department of the Interior’s policy re­ ance with applicable excess personal § 101—11.411—5 Use o f records trans­ garding cooperation with the various property regulations. An agency desiring ferred to the National Archives. States in the preservation, use and man­ return of the equipment should make (a) Restrictions lawfully imposed on agement of the Nation’s fish and wildlife such request prior to transfer of the rec­ the use of transferred records will be resources. The purpose of this amend­ ords to the records center. observed and enforced by the National ment is to codify this regulation as Part Archives and Records Service subject to 24, Subtitle A, Title 43 of the Code of § 101—11.410—7 Servicing transferred 44 U.S.C. 2104. The regulations in this Federal Regulations. records. Part 101-11 and in Part 105-61, insofar It is the policy of the Department of * * * * • as they relate to the use of records in the Interior to give notice of proposed (b) Requests for official civilian per­the research rooms of the National rule making and to invite the public to sonnel files shall be made in accordance Archives Building or in a Federal rec­ participate in rule making except where with § 101-11.410-3 (e). ords center, apply to official use of the such participation would be impractica­ ble, unnecessary or contrary to the pub­ * • • '• . • records by Federal agencies as well as lic interest and specific finding to this § 101—11.410—8 Disposal clearances. to the public. effect is published with rules or regula­ Records at the National Personnel Rec­ (b) In instances of demonstrated tions (36 F.R. 8336, May 4, 1971). Public ords Center (Civilian Personnel Rec­ need, and subject to any restrictions on participation is unnecessary in this case ords) , authorized for disposal by General their use, records deposited in the Na­ since existing regulations are simply be­ Records Schedules 1 and 2, will be de­ tional Archives Building or in a Federal ing codified. stroyed in accordance with those sched­ records center may be borrowed for offi­ A new Part 24 is added to Subtitle A, ules without further agency clearance. cial use outside the building in which Title 43 of the Code of Federal Regula­ No other records of a Federal agency still they are housed by Federal agencies and tions to read as follows: the Congress, provided: in existence will be disposed of by any Sec. Federal records center except with the (1) Documents of exceptionally in­24.1 Policy. concurrence of the agency concerned. trinsic value shall not be removed from 24.2 Cooperation with States. Agency approval will be requested for the building in which they are housed 24.3 Procedures. each disposal action by use of GSA Form except with the written approval of the 24.4 Exemptions. 439, Records Disposition Control (§ 101- Archivist. 24.5 Hunting, fishing, trapping in National 11.4909), or its authorized equivalent, un­ * * * * * Park System, 24.6 Cooperative agreements. less prior written concurrence has been 16. Section 101-11.411-8 (e) is revised given by the agency concerned. to read as follows : A u t h o r it y : The provisions of this Part 24 issued under 43 U.S.C. 1201. 13. Sections 101-11.411-1 and 101- § 101—11.411—8 T ransfer o f carlo- 11.411-2 are revised to read as follows: graphic records. § 24.1 Policy. § 101—11.411—1 Authority. * * * * * The Secretary of the Interior recog­ (e) Records related to preparing,nizes that fish and wildlife resources The Administrator is authorized by 44 must be maintained for their aesthetic, U.S.C. 2103 to accept for deposit with compiling, editing, or printing maps, such as projects folders containing speci­ scientific, recreation, and economic im­ the National Archives of the United portance to the people of the United States the records of any Federal agency fications to be followed and appraisals of source materials to be used. States, and that because fish and wildlife or of the Congress that are determined populations are totally dependent upon by the Archivist to have sufficient his­ 17. Section 101-11.412-1 is revised to their habitat, the several States and the torical or other value to warrant pres­ read as follows: Federal Government must work in har­ ervation. § 101—11.412—1 Authority. mony for the common objective of devel­ § 101—11.411—2 Transfers via Federal oping and utilizing these resources. It is records centers. Federal agencies are authorized to the policy of the Secretary of the In­ maintain and operate records centers for terior further to strengthen and support, Records will normally be transferred the storage, processing, and servicing of to the National Archives Building from to the maximum extent possible, the appropriate records when such centers missions of the States and the Depart­ a Federal records center or an approved are approved by the Administrator (44 agency records center. When such trans­ ment of the Interior in the attainment U.S.C. 3103). Such centers operated by of this objective. fers are made, the agencies concerned Federal agencies are referred to in this will be furnished an inventory of the Part 101-11 as “agency records centers.” § 24.2 Cooperation with States. records transferred. (Sec. 205(a), 63 Stat. 390, 40 U.S.C. 486(a); The effective husbandry of such re­ 14. Section 101-11.411-3 is amended sec. 3302, 82 Stat. 1299, 44 U.S.O. 3302.) sources requires the cooperation of State by revising the introductory text and and Federal Government because: paragraphs (b) and (c) to read as Effective date. This regulation is effec­ tive upon publication in the F ederal (a) The several States have the au­ follows: thority to control and regulate the cap­ R egister (11-3-71). §101—11.411—3 Direct transfers. turing, taking, and possession of fish and Dated: October 28, 1971. resident wildlife by the public within The classes of Federal records listed in this section may be offered for direct R obert L. K unzig, State boundaries; transfer to the National Archives of the Administrator of General Services. (b) The Congress, through the Secre­ United States. Such transfers shall be [PR Doc.71—16010 Filed. ll-2-71;8:49 am] tary of the Interior, has authorized ana

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 RULES AND REGULATIONS 21035

directed to various Interior agencies cer­ granted to the United States by “error” in line 12, paragraph (b), tain responsibilities for the conservation any State; § 3108.2-1 to conform with the language and development of fish and wildlife re­ (c) Areas over which the States haveof the Act. This has been done. sources and their habitat. ceded exclusive jurisdiction to the United Three suggested that footnote 1, per­ States. § 24.3 Procedures. mitting a secretarial officer to recognize as nominal a deficiency greater than The following procedures will apply to § 24.5 Hunting, fishing, trapping in National Park System. that provided for in the regulations, be all areas administered by the Secretary deleted. In order that there will be no of the Interior through the National Park Nothing contained herein shall be con­ doubt as to what constitutes a nominal Service, Bureau of Sport Fisheries and strued as permitting public hunting, fish­ deficiency, the footnote has been deleted. Wildlife, Bureau of Land Management, ing, or trapping on National Parks, One suggested that the regulations be and Bureau of Reclamation (hereinafter Monuments, or Historic areas of the Na­ revised to allow the lessee 15 days from referred to as the Federal agencies). tional Parks System, except where Con­ the date of receipt of notice of deficiency These Federal agencies will : gress or the Secretary of the Interior has or until due date, whichever is later, to (a) Within their statutory authority, otherwise declared that hunting, fishing, submit the balance of the rental due. institute fish and wildlife habitat man­ or trapping is permissible. The recommendation has been adopted agement practices in cooperation with § 24.6 Cooperative agreements. to make it clear that the due date is con­ the States which will assist the States in trolling where after receipt of the notice accomplishing their respective, compre­ The Federal agencies and States will of deficiency, more than 15 days remain hensive, statewide resource plans; enter into written cooperative 'agree­ in the life of the lease. ments containing the plans, terms, and Three suggested that it should be made (b) Permit public hunting, fishing, conditions of each party in carrying out and trapping within statutory limita­ clear that notices of termination will not the intent of this regulation when such be sent to persons whose leases termi­ tions and in a manner compatible with agreements are desired by the States. the primary objectives for which the nated prior to the date of the Act, May Such agreements will be reviewed pe­ 12,1970. The regulations now include this lands are administered. Such hunting, riodically by both parties and, when ap­ fishing, and trapping and the possession provision. propriate, adjusted to reflect changed One suggested that the definition of and disposition of fish, game, and fur conditions. animals shall be conducted in all other “reasonable diligence” be expanded. The respects within the framework of appli­ Effective date. This amendment shall regulations have been revised to broaden cable State laws, including requirements become effective on December 2,1971. what constitutes reasonable diligence so for the possession of appropriate State as to permit such a finding in special W . T. P ecora, circumstances even when the lessee has licenses or permits. The Federal agencies Under Secretary may, after consultation with the States, not sent or delivered payments in ad­ of the Interior. vance of the due date. close all or any portion of land under O ctober 27, 1971. their jurisdiction to public hunting, fish­ One suggested that the Secretary’s ing, or trapping in order to protect the [PR Doc.71-15988 Piled ll-2-71;8:47 am] discretionary authority to issue oil and public safety or to prevent damage to gas leases be stated. This has been done. Federal lands or resources thereon, and Chapter II— Bureau of Land Manage­ Three suggested that the regulations may impose such other restrictions as fix a definite period of time during which are necessary to comply with manage­ ment, Department of the Interior no new leases would be issued for lands ment objectives; SUBCHAPTER C— MINERALS MANAGEMENT: in terminated leases as provided for in (c) Consult with the States and com­ GENERAL the amendatory legislation. The regula­ ply with State permit requirements in [Circular No. 2314] tions have been revised to provide that connection with the activities listed a new lease for lands in a terminated PART 3100— OIL AND GAS LEASING lease shall not be issued until 90 days below, except in instances where the after the date of termination. Secretary of the Interior determines Subpart 3108— Terminations and The revised regulation as set forth that such compliance would prevent him Expirations from carrying out his statutory below will become effective upon publi­ responsibilities: Exceptions To Automatic T erminations cation in the F ederal R egister. (11-3-71) (1) In carrying out research programs and R einstatement of T erminated involving the capturing, taking, or pos­ Leaves Section 3108.2-1 of Subpart 3108, Chapter II of Title 43 of the Code of session of fish and wildlife or programs On page 2871 of the F ederal R egister involving introduction of fish and Federal Regulations is amended to read of February 11,1971, there was published as follows: wildlife; a notice and text of a proposed rule (2) For the planned and orderly re­ making to amend Subpart 3108 of Title § 3108.2—1 Automatic terminations and moval of surplus or harmful populations 43 CFR. The purpose of the amendment reinstatement. of fish and wildlife except where emer­ is to implement the Act of May 12, 1970 (a) Automatic terminations. Except gency situations requiring immediate (84 Stat. 206), which modifies section 31 as provided in paragraph (b) of this sec­ action make such consultation and com­ of the Mineral Leasing Act (30 U.S.C. tion, any lease subject to the provisions pliance with State permit requirements 181) as amended, by providing (1) that of section 31 of the act, as amended by infeasible; the automatic termination provisions do section 1(7) of the Act of July 29, 1954 (3) In the disposition of fish and wild­ not operate under certain circumstances (30 U.S.C. 188) on which there is ho well life taken under subparagraph (1 ) or (2) and (2) for reinstatement of terminated capable of producing oil or gas in paying of this paragraph. leases under certain conditions. quantities, shall automatically termi­ Interested persons were given 30 days § 24.4 Exemptions. nate by operation of law if the lessee fails within which to submit comments, sug­ to pay the rental on or before the an­ Exempted from this regulation áre the gestions or objections to the proposed niversary date of such lease. However, if following: amendment. Eight comments were re­ the time for payment falls upon any day (a) The control and regulation by the ceived. All endorsed the proposal and in which the proper office to receive pay­ united States, in the area in which an suggested editorial changes. ment is not open, payment received on international convention or treaty ap­ One suggested a change to make it the next official working day shall be plies, of the taking of those species and clear that the regulation applies to deemed to be timely. The termination of families of fish and wildlife expressly leases issued prior to July 29,1954, where the lease for failure to pay the rental named or otherwise covered under any the lessee has filed a consent to subject must be noted on the official records of international »treaty or convention to the lease to the automatic termination the appropriate land office. Upon such which the United States is a party; provisions of the Act of July 29,1954. The notation the lands included in such lease regulations have been so revised. will become subject to the filing of new (b) Any species of fish and wildlife Two suggested adding the phrase “re­ lease offers only as provided for in Sub­ control over which has been ceded or sulting in a deficiency’’ after the word part 3112. FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21036 RULES AND REGULATIONS

(b) Exceptions. If the rental payment (3) Under no conditions will a termi­ G iffo rd P in c h o t N a t io n a l F o rest due under a lease is paid on or before its nated lease be reinstated if (i) a valid WILLAMETTE MERIDIAN anniversary date but either the amount oil and gas lease has been issued prior Spirit Lake Recreation Area Addition of the payment has been or is hereafter to the filing of petition for reinstatement T .9 N „ R. 5 E., deficient and the deficiency is nominal as affecting any of the lands covered by Sec. 1, E% excepting Exchange Surveys 278, defined in this section, or the amount of that terminated lease, or (ii) the Federal 279, and patented MS-781A. payment made was determined in ac­ oil and gas interests in the lands have T. 10 N„ R. 5 E., cordance with the rental or acreage figure been withdrawn or disposed of, or have Sec. 36, lots 1, 2, 3, NEV4NEV4, W%E%. stated in the lease or stated in a bill or otherwise become unavailable for oil and T. 9 N„ R. 6 E., decision rendered by an authorized officer gas leasing; however, the authorized of­ Sec. 6, W% excepting Exchange Survey 278 and such figure is found to be in error ficer will not issue a new lease for lands and patented MS-781A; resulting in a deficiency, such lease shall covered by a lease which terminates au­ Sec. 7, lots 3, 4, 5, 8, and 9, SEV4NWV4. not have automatically terminated un­ T. 10 N., R. 6 E„ tomatically until 90 days from the date Sec. 31, lots 2, 3, 4, 9, and 10, NEV4NWV4- less (1) a new lease had been issued of termination. prior to May 12, 1970, or (2) the lessee (4) Reinstatement of terminated The areas described aggregate approxi­ fails to pay the deficiency within the leases is discretionary with the Secretary. mately 1,099 acres in Skamania County. period prescribed in the Notice of Defi­ (d) Extension of terms of reinstated 2. The withdrawal made by this order ciency provided for in this section. A- leases. In any case where a reinstatement does not alter the applicability of those deficiency will be considered nominal if of a terminated lease is granted under public land laws governing the use of it is not more than $10 or five per centum this section and the authorized officer the national forest lands under lease, (5 percent) of the total payment due,’ finds that the reinstatement of such license, or permit, or governing the dis­ whichever is more. The authorized officer lease will not afford the lessee a reason­ posal of their mineral or vegetative re­ will send a Notice of Deficiency to the able opportunity to continue operations sources other than under the mining lessee on a form approved by the Direc­ under the lease, the authorized officer laws. tor. The notice will be sent by certified may, at his discretion, extend the term H arrison Loesch, mail, return receipt requested, and will of such lease for such period as he be­ Assistant Secretary of the Interior. allow the lessee 15 days from the date of lieves will give the lessee such an oppor­ O ctober 27, 1971. receipt or until the due date, whichever tunity. Such extensions shall be subject is later, to submit the full balance due to to the following conditions: [FR Doc.71-15989 Filed 11-2-71:8:47 am] the appropriate office. If the payment called for in the notice is not paid within (1) No extension shall exceed a pe­ the time allowed, the lease will have riod equivalent to the time (i) beginning [Public Land Order 5144] terminated by operation of the law as of when the lessee knew or should have [Arizona 035594] its anniversary date. known of the termination and (ii) ending on the date on which the authorized ARIZONA (c) Reinstatement. (1) Except as officer grants such petition. hereinafter provided, the authorized offi­ Restoration, Cancellation and Partial (2) No extension shall exceed a period cer may reinstate a terminated lease Revocation of Public Land which has been or is hereafter termi­ equal to the unexpired portion of the nated automatically by operation of law lease or any extension thereof remaining By virtue of the authority contained for failure to pay on or before the anni­ at the date of termination. in section 24 of the Act of June 10, 1920, versary date the full amount of rental (3) When the reinstatement occurs 41 Stat. 1075, as amended, 16 U.S.C. sec­ due, provided that (i) such rental was after the expiration of the term or exten­ tion 818 (1964), and pursuant to the paid or tendered within 20 days there­ sion thereof, the lease may be extended determination of the Federal Power after, and (ii) it is shown to the satis­ from the date the authorized officer Commission in DA-147-Arizona, it is faction of the authorized officer that grants the petition. ordered as follows: such failure was either justifiable or not (e) Service of documents. The rules 1. The Executive orders of July 2,1910, due to a lack of reasonable diligence on governing filing and service of documents June 16,1911, and March 21,1917, creat­ the part of the lessee, and (iii) a petition set out in § 1840.0-6 (e) of this chapter ing Powersite Reserves Nos. 96, 188, and for reinstatement, together with the shall apply to notices of deficiency and 590, respectively, and the Departmental Order of February 1, 1917, creating required rental, including any back termination issued under the provisions rental which has accrued from the date Waterpower Designation No. 4, are of this section . of termination of the lease, is filed with hereby revoked so far as they affect the the appropriate office within 15 days Harrison Loesch, following described lands: after receipt of Notice of Termination of Assistant Secretary of the Interior. Lease due to late payment of rental. The G il a an d S a l t R ive r M eridian Notice of Termination will be sent by O ctober 27, 1971. T. 8 N., R. 5 W., certified mail, return receipt requested. {FR Doc.71-15987 Filed 11-2-71:8:47 am] Sec. 14, SEV4SEV4; Notices of Termination will not be sent to Sec. 23, Ey2Ei4; Sec. 24, W^Wi/z; lessees whose leases terminated prior to APPENDIX— PUBLIC LAND ORDERS May 12,1970. Lessees whose leases termi­ Sec. 25, Wi/2NW&, SWV4SWV4, EV&SWV4. [Public Land Order 5143] SW&SEJ4; nated prior to May 12, 1970, must file Sec. 26, Ei/2NEi4, NEV4SEV4- petitions for reinstatement with the ap­ [Oregon 3796 (Wash.) ] T. 9 N., R. 3 W., propriate office by close of business on Sec. 1, lot 4, SW'/iNW’/i, NWV4SWV4. December 31, 1971. Such petitions are WASHINGTON sy2sw y4-, subject to all other appropriate provi­ Withdrawal for National Forest Sec. 2, lot 1, SE^NE%, E^SE^4; sions of this section. Sec. 11, Ey2Ey2, SE&SW&, NW^SE]4. Recreation Area SWV4SEV4; (2) The burden of showing that the Sec. 14, Ei/2NE14, NE%NWVi, NWV4SEV4: failure to pay on or before the anniver­ By virtue of the authority vested in the Sec. 15, Sy2Ni/2, Ny2Sy2; sary date was justifiable or not due to President and pursuant to Executive Sec. 16, SWV4, NEV4SEV4, NWV4SEV4. lack of reasonable diligence will be on Order No. 10355 of May 26, 1952 (17 F.R. sy 2SEV4; the lessee. Reasonable diligence normally 4831), it is ordered as follows:, Sec. 17, SV£; Sec. 18, lot 4, SEV4SWV4, E%SEV4, SWVi. requires sending or delivering payments 1. Subject to valid existing rights, the sufficiently in advance of the anniversary SEy4 ; following described national forest lands Sec. 19, lots 1 to 4, lncl., B%,E%WV6; date to account for normal delays in the Sec. 20, Ni/2, Ny2SWV4, SWV4SWV4; collection, transmittal, and delivery of are hereby withdrawn from appropria­ Sec. 21, lots 1 and 2, NV&NEV4, SW&NE#' the payment. The authorized officer may tion under the mining lav« (30 U.S.C., NWV4.NEV4SWV4;' require evidence, such as post office re­ Ch. 2), but not from leasing under the Sec. 22, NWV4NEV4, NWV4, NWV4SWV4; Sec. 29.NWV4NWV4; ceipts, of the time of sending or delivery mineral leasing laws, in aid ©f programs Sec. 30, lots 1 to 4, incl., NEV4, E&WV6. of payments. of the Department of Agriculture: NEV4SEV4,wy2SEV4;

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 RULES AND REGULATIONS 21037

Sec. 31, lots 2 to 5, incl., NW&NE^, NE& was published a notice of proposed re­ tions in this part except that he may Nwy4. visions of certain sections of Part 260 T. 10 N., R. 3 W., delegate any or all of such functions to Sec. 2, SW%SE%; of Title 50 CFR. any officer or employee of the National Sec. 22, lot 5; Interested persons were given 45 days Marine Fisheries Service of the Depart­ Sec. 26, lots 1 to 3, Inclusive, S%ftE&, to submit written comments, suggestions, ment in his discretion.1 SE^NW^.SE^; or objections with respect to the proposed Sec. 35, E ^ . amendments pertaining to the following D efinitions T. 3 S., R. 17 E., subject matter: 2. In § 260.6, the terms “department,” Sec. 23, SE14SEI4; Sec. 24, Si/2NE^4, SE14NW&; 1. Administration of regulations. “director,” and “inspection service” are Sec. 27, SW%NWi4; 2. Definitions. amended; the term “plant” is deleted; Sec. 28, NE%NE%; 3. Fees and charges. and “establishment,” “official establish­ Sec. 35,NWi4NW%. 4. Requirements for official establish­ ment,” and “wholesome” are added. T.4S..R. 22 E., ments under fishery products inspection § 260.6 Terms defined. All lands of the United States in unsur­ on a contract basis. veyed portions of sections 2, 3, 4, 5, 9, 10, ***** 11, 14, 15, and 16, situated in whole or Several comments were received re­ Department. “Department” means the in part within 1 mile of Gila River. garding the proposed amendments, and U.S. Department of Commerce. The areas described aggregate approx­ changes have been made in various sec­ ***** imately 9,954 acres of public and non­ tions based upon comments received. All changes of a substantive nature which Director. “Director” means the Di­ public lands in Yavapai, Gila, Pinal, and rector of the National Marine Fisheries Graham Counties. were incorporated pertained to §§ 260.96 Service. through 260.103 dealing with require­ 2. Portions of the lands described * * * * * above are withdrawn for the Hassayampa ments for official establishments utiliz­ Reclamation Project by the Secretary’s ing fishery products inspection services Establishment. “Establishment” means Order of September 14, 1945. The lands on a contract basis. any premises, buildings, structures, fa­ described in T. 3 S., R. 17 E., and T. 4 S., The changes relating to requirements cilities, and equipment (including ve­ R. 22 E., are withdrawn by Executive for official establishments under fishery hicles) used in the processing, handling, products inspection on a contract basis transporting, and storage of fish and orders of November 9, 1871, and De­ fishery products. cember 6, 1926, and by the Secretary’s reflect incorporation of most of the pro­ order of September 19, 1934, respectively, visions contained in the contract form ***** for the White Mountain Indian Reserva­ currently used. Additional modifications Inspection service. “Inspection service” tion, the San Carlos Indian Reservation, have been made in some of the current means: and the San Carlos Indian Irrigation sections by updating certain require­ * * * * * Project. ments to the present state of technologi­ cal accomplishment. Other changes have (d) Performance by an inspector of 3. At 10 a.m. on December 2, 1971, the any related services such as to observe unreserved and unappropriated public been made to more closely align plant sanitation requirements with regulations the preparation of the product from its lands Shall be open to operation of the raw state through each step in the entire public land laws, subject to valid exist­ issued pursuant to the Food, Drug, and Cosmetic Act, as amended. process ; or observe conditions under ing rights, the requirements of applicable which the product is being harvested, law, and the provisions of existing with­ These amendments of various sections of Part 260 of Title 50 CFR are issued prepared, handled, stored, processed, drawals. All valid applications received packed, preserved, transported, or held; at, or prior to 10 a.m. on December 2, pursuant to sections 203 and 205 of Title II of the Agricultural Marketing Act of or observe sanitation as a prerequisite to 1971, shall be considered as filed simul­ the inspection of the processed product, taneously at that time. Those received 1946, 60 Stat. 1087, 1090, as amended, 7 U.S.C. sections 1622 and 1624, as trans­ either on a contract basis or periodic thereafter shall be considered in the basis; or checkload the inspected proc­ order of filing. ferred to the Department of the Interior essed product in connection with the These public lands have been and con­ by section 6 of the Fish and Wildlife Act of 1956, 70 Stat. 1122, as amended, 16 marketing of the product, or any other tinue to be open to applications and offers type of service of a consultative or ad­ under the mineral leasing laws, and to U.S.C. section 742e and subsequently visory nature related herewith. location and entry under the U.S. mining transferred to the Department of Com­ laws. merce. * * * * * Inquiries concerning the lands shall be This latter transfer was effected by Official establishment. “Official estab­ addressed to the Chief, Division of Tech­ Reorganization Plan No. 4 of 1970 (84 lishment” means any establishment nical Services, Bureau of Land Manage­ Stat. 2090), which, among other things, which has been approved by National ment, 3022 Federal Building, Phoenix, abolished the Bureau of Commercial Marine Fisheries Service, and utilizes in­ Ariz. 85025. Fisheries in the Department of the In­ spection service on a contract basis. H arrison Loesch, terior and transferred its functions, in­ ***** Assistant Secretary of the Interior. cluding the fishery inspection function Wholesome. “Wholesome” means the dealt with in these regulations, to the minimum basis of acceptability for hu­ October 27, 1971. Department of Commerce. man food purposes, of any fish or fishery [FRDoc.71-15990 Filed ll-2-71;8:47 am] The amendments to the designated sections of Part 260 of Title 50 CFR are 1 All functions of the Department of Agri­ hereby adopted as set forth below and culture which pertain to fish, shellfish, and shall become effective 30 days from the any products thereof, now performed under Title 50— WILDLIFE AND date of publication in the F ederal the authority of Title II of the act of August R egister. 14, 1946, popularly known as the Agricultural Marketing Act of 1946, as amended (7 U.S.C. H oward P ollock, FISHERIES 1621-1627) including but not limited to the Acting Administrator. development and promulgation of grade Chapter II— National Marine Fisheries R obert W . S choning, standards, the inspection and certification, Service, National Oceanic and At­ Acting Director, and improvement of transportation facil­ ities and rates for fish and shellfish and any mospheric Administration, Depart­ National Marine Fisheries Service. products thereof, were transferred to the De­ ment of Commerce O ctober 28, 1971. partment of the Interior by the Director of the Budget (23 F.R. 2304) pursuant to sec­ PART 260— INSPECTION AND A dministration of R egulations tion 6(a) of the act of Aug. 8, 1956, popularly CERTIFICATION 1. Section 260.1 is amended as follows: known as the Fish and Wildlife Act of 1956 (16 U.S.C. sec. 742e). Reorganization Plan Fishery Products § 260.1 Administration of regulations. No. 4 of 1970 (84 Stat. 2090) transferred, among other things, such functions from the °n pages 8688 through 8693 of the The Secretary of Commerce is charged U.S. Department of the Interior to the U.S. ^ » eral R egister of May 11, 1971, there with the administration of the regula- Department of Commerce.

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21038 RULES AMD REGULATIONS product as defined in section 402 of the processing at the hourly rate for regular will be in addition to any hourly rates Federal Food, Drug, and Cosmetic Act, time, plus overtime, when appropriate. charged to applicants for lot miscella­ as amended. Products not designated in the contract neous and consultative inspection service will be inspected upon request on a lot as well as to any hourly rates charged F ees and C harges inspection basis at lot inspection rates as for inspection services provided under 3. Section 260.69 is amended as fol­ prescribed in this section. a contract at official establishments. lows: (2) Type II—Lot Inspection—Offi­ (2) Fees to be charged for any analy­ § 260.69 Payment of fees and charges. cially and unofficially drawn samples. sis performed at a Government labora­ Per hour tory not spcifically shown in this para­ Fees and charges for any inspection Regular Time___ .______$13.25 graph (d) will be based on the time service shall be paid by -the interested Overtime______16.25 required to perform such analysis at an party making the application for such Saturday, Sunday, and Holiday. ------20. 75 hourly rate of $11. service, in accordance with the applica­ Minimum fee______8. 50 (3) A surcharge of 10 percent of the ble provisions Of the regulations in this For lot inspection services performed be­ total charges for analytical services will part, and, if so required by the person tween the hours of 7 a.m. and 5 p.m. of any be charged for administrative purposes. in charge of the office of inspection serv­ regular workday—$13.25 per hour. ing the area where the services are to be 5. Section 260.71 is amended as For lot inspection services performed be­ follows: performed, an advance of funds prior tween the hours of 5 p.m. and 7 a.m. of any to rendering inspection service in an regular workday—$16.25 per hour. § 260.71 Inspection services performed amount suitable to the Secretary, or a For lot inspection services performed on on a resident basis. surety bond suitable to the Secretary, Saturday, Sunday, and national legal holi­ days—$20.75 per hour. may be required as a guarantee of pay­ (b) A charge to cover the actual cost ment for the services rendered. All fees The m inim um service fee to be charged to the NMFS of the travel (including the and charges for any inspection service, and collected for inspection of any lot cost of movement of household goods performed pursuant to the regulations in or lots of products requiring less than and dependents), and per diem with re­ this part shall be paid by check, draft, or 1 hour shall be $8.50. spect to each inspector who is transferred money order made payable to the Na­ (3) Type III—Miscellaneous Inspec­(other than for the convenience of the tional Marine Fisheries Service. Such tion and Consultative Service. When any NMFS), from an official station to the check, draft, or money order shall be inspection or related service, such as, but designated official establishment (s). remitted to the appropriate regional or not limited to, initial and final establish­ (c) A charge of $13.25 per hour plus area office serving the geographical area ment surveys, appeal inspection, sanita­ in which the services are performed, actual costs to the NMFS for per diem tion evaluation, sampling, product eval­ and travel costs incurred in rendering within ten (10) days from the date of uation, and label and product specifica­ billing, unless otherwise specified in a service not specifically covered in this tion review rendered is such that charges section; such as, but not limited to, ini­ contract between the applicant and the based on the foregoing sections are Secretary, in which latter event the con­ tial plant surveys and inauguration of clearly inapplicable, charges will be based inspection service. tract provisions shall apply. on time consumed by the inspector in 4. Section 260.70 is amended as fol­ performance of such inspection related § 260.76 [Deleted] lows: service at the rates set forth in para­ 6. Section 260.76 is deleted. § 260.70 Schedule of fees. graph (b) (2) of this section for lot 7. Section 260.80 is amended as inspection. follows : (a) Unless otherwise provided in a (c) Fees to be charged and collected written agreement between the applicant for lot, miscellaneous, and consultative § 260.80 Charges for inspection service and the Secretary, the fees to be charged on a contract basis. inspection service furnished on an hourly and collected for any inspection service Irrespective of fees and charges pre­ performed under the regulations in this basis shall be based on the actual time scribed in the foregoing sections, the part at the request of the United States, required to render such service including, Secretary may enter into a written mem­ or any other agency or instrumentality but not limited to, the travel, sampling, orandum of understanding or contract, thereof, shall be in accordance with the and waiting time required of the inspec­ whichever may be appropriate, with any applicable provisions of this section and tor or inspectors, in connection therewith. administrative agency charged with the § 260.81. (d) Analytical services: Fees for vari­ administration of a marketing order ef­ (b) Unless otherwise provided in the fective pursuant to the Agricultural Mar­ regulations in this part, the fees to be ous laboratory analyses are set forth keting Agreement Act of 1937, as revised charged and collected for any inspection below. (16 U.S.C. 661 et seq.) for the making of service performed under the regulations F ee per individual inspections pursuant to said agreement or in this part shall be based on the appli­ order on such basis as will reimburse the cable rates specified in this section for Type of analysis analysis Hydrogen Ion Concentration------$2. 85 National Marine Fisheries Service of the the type of service performed. Department for the full cost of rendering (1) Type I—Official Establishment andMoisture (drying method)------4.60 F a t ______6- 90 such inspection service as may be deter­ Product Inspection. Contract basis. P ro te in ______17.10 mined by the Secretary. Likewise, the Per hour Salt ______— H v50 Secretary may enter into a written mem­ Regular Time__------.------$9.80 Bacteriological plate count------. 4. 60 orandum of understanding or contract, Overtime______h - 05 Bacteriological direct count.------4. 60 whichever may be appropriate, with an Legal Holidays (2 hour minimum)------20.00 E. coli (presumptive)______6.90 administrative agency charged with the Yeast and mold count______4.60 The contracting party shall be charged Staphylococcus______13. 80 administration of a similar program at an hourly rate of $9.80 per hour for Salmonella: 1 operated pursuant to the laws of any regular time, $11.05 per hour for over­ Step 1------9.20 State. time in excess of 40 hours per week, and Step 2___------4.60 R equirements for O fficial Establish­ $20 per hour for national legal holidays Step 3— — ——— —------9. 20 C oliform _;______-- ______4.60 ments Under F ishery P roducts In­ for service performed by inspectors at Species determination------20.00 spection on a Contract B asis b official establishment(s) operating under 1 Salmonella test may be in three steps as 8. Section 260.97, Plant survey, through Federal inspection. The contracting party follows: Step 1—growth through differential § 260.103, Personnel; health, are deleted shall be billed monthly for services ren­ agars; Step 2—growth and testing through dered in accordance with contractual triple-sugar-iron agar; Step 3—confirmatory * Compliance with the above requirements test through biochemicals: does not excuse failure to comply with provisions at the rates prescribetHn this applicable sanitary rules and regulations oi section. At an official establishment des­ (1) Applicants requesting specific city, county, State, Federal, or other agenci ignated in a contract, products also des­ analysis will be charged on the basis of having jurisdiction over such establishments ignated therein will be inspected during these fees. Charges based on these fees and operations.

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 RULES AND REGULATIONS 21039 and are replaced by § 260.96, Application (c) The contracting party will: (9) Make laboratory, facilities and nec­ for Fishery Products Inspection Service (1) Use only wholesome raw material essary equipment available for the use on a contract basis, through § 260.104, which has been handled or stored under of inspectors to inspect samples of proc­ Personnel, as follows: sanitary conditions and is suitable for essed foods and/or components thereof; § 260.96 Application for Fishery Prod­ processings; maintain the official estab­ (10) Furnish and provide laundry serv­ ucts Inspection Service on a contract lishment (s), designated on the contract ice, as required by NMFS, for coats, basis at official establishments. in such sanitary condition and to em­ trousers, smocks, and towels used by in­ Any person desiring to process and ploy such methods of handling raw ma­ spectors during performance of duty in pack products in an establishment under terials for processing as may be necessary official establishment(s) ; fishery products inspection service on a to conform to the sanitary requirements (11) Furnish stenographic and cleri­ contract basis, must receive approval of prescribed or approved by NMFS; cal assistance as may be necessary in the such buildings and facilities as an offi­ (2) Adequately code each primary typing of certificates and reports and cial establishment prior to the inaugura­ container and master case of products the handling of official correspondence, tion of such service. An application for sold or otherwise distributed from a man­ as well as furnish the labor incident to inspection service to be rendered in an ufacturing, processing, packing, or re­ the drawing and grading of samples and establishment shall be approved accord­ packaging activity to enable positive lot other work required to facilitate ade­ ing to the following procedure: identification to facilitate, where neces­ quate inspection procedures whenever (a) Initial survey: When application sary, the segregation of specific food necessary; has been filed for inspection service as lots that may have become contaminated (12) Submit to NMFS, three (3) cop­ aforesaid, NMFS inspector(s) shall ex­ or otherwise unfit for their intended use; ies of new product specifications in a amine the buildings, premises, and facil­ (3) Not permit any labels on which manner prescribed by NMFS, and three ities according to the requirements of the reference is made to Federal inspection, (3) end-product samples for evaluation fishery products inspection service and to be used on any product which is not and/or laboratory analysis on all prod­ shall specify any additional facilities re­ packed under fishery products inspection ucts for approval, for which U.S. Grade quired for the service. service nor permit any labels on which Standards are not available, when in­ (b) Final survey and establishment reference is made to any U.S. Grade to be spection is to be applied to such products. approval: Prior to the inauguration of used on any product which has not been If requested of NMFS, such new speci­ the fishery products inspection service, officially certified as meeting the require­ fications and end-product samples shall a final survey of the buildings, premises, ments of such grade; nor supply labels be considered confidential; and facilities shall be made to verify bearing reference to Federal inspection (13) Submit, as required by NMFS, that the buildings are constructed and to another establishment unless the prod­ for approval, proofs prior to printing facilities are in accordance with the ap­ ucts to which such labels are to be ap­ and thereafter four (4) copies of any proved drawings and the,regulations in plied have been packed under Federal finished label which may or may not this part. inspection at an official establishment; bear official identification marks, when (c) Drawings and specifications of such products are packed under federal (4) Not affix any label on which refer­ inspection on a contract basis; new construction or proposed alterations ence is made to Federal inspection to any of existing official establishments shall be (14) Not make deceptive, fraudulent, container of processed foods, produced in or unauthorized use in advertising, or furnished to the Director in advance of any designated official establishment, actual construction for prior approval otherwise, of the fishery products in­ with respect to which the grade of such spection service, the inspection certifi­ with regard to compliance with require­ product is not certified because of adul­ ments for facilities. cates or reports issued, or the containers teration due to the presence of con­ on which official identification marks § 260.97 Conditions for providing fish­ taminants in excess of limits established are embossed or otherwise identified, in ery products inspection service at of­ in accordance with the regulations or connection with the sale of any proc­ ficial establishments. guidelines issued pursuant to the Food, essed products; (a) The determination as to the in­ Drug, and Cosmetic Act, as amended; (15) Submit to NMFS, four (4) copies spection effort required to adequately (5) Not, with respect to any product of each label which may or may not provide inspection service at any estab­ for which U.S. Grade Standards are in bear official identification marks, when lishment will be made by NMFS. The effect, affix any label on which reference such labels are to be withdrawn from man-hours required may vary at differ­ is made to Federal inspection to any con­ inspection or when approved labels are ent official establishments due to factors tainer of processed food which is sub­ disapproved for further use under such as, but not limited to, size and com; standard: Provided, That such label may inspection; plexity of operations, voluihe and variety be affixed to any container of such sub­ (16) Notify NMFS in advance of the of products produced, and adequacy of standard quality product if such label proposed use of any labels which require control systems and cooperation. The in­ bears a statement to indicate the sub­ obliteration of any official identification spection effort requirement may be re­ standard quality; marks, and all reference to the inspec­ evaluated when the contracting party or (6) Not, with respect to any product tion service on approved labels which NMFS deems there is sufficient change in for which U.S. Grade Standard are not have been withdrawn or disapproved for production, equipment and change of in effect, affix any label on which refer­ use; quality control input to warrant réévalu­ ence is made to the Federal inspection to (17) Accord representatives of NMFS ation. Inspectors will not be available to containers of processed foods, except at all reasonable times free and im­ perform any of employee or management with the approval of NMFS; mediate access to establishment (s) and duties, however, they will be available for (7) Furnish such reports of processing, official establishment(s) under appli­ consultation purposes. NMFS reserves packaging, grading, laboratory analyses, cant’s control for the purpose of check­ the right to reassign inspectors as it and output of products inspected, proc­ ing codes, coded products, coding deems necessary. essed, and packaged at the designated devices, coding procedures, official iden­ (b) NMFS shall not fee held respon­ official establishment(s) as may be re­ tification marks obliteration, and use of sible: quested by NMFS, subject to the approval withdrawn or disapproved labels. (1) For damages occurring throu of the Bureau of the Budget in accord­ (d) Termination of inspection services: any act of commission or omission on t ance with the Federal Reports Act of (1) The fishery products inspection service, including the issuance of inspec­ Part of its inspectors when engaged 1942; Performing services; or tion reports, shall be rendered from the (2) For production errors, such (8) Make available for use by inspec­ date of the commencement specified in Processing temperatures, length of pro tors, adequate office space in the desig­ the contract and continue until sus­ ess*or misbranding of products; or nated official establishment (s) and fur­ pended or terminated (i) by mutual (3) For failure to supply enough i nish suitable desks, office equipment, and consent; (ii) by either party giving the service*1 effort durinS any period files for the proper care and storage of other party sixty (60) days’ written no­ inspection records; tice specifying the date of suspension or

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21040 RULES AND REGULATIONS termination; Drains and gutters: All drains and but not being limited to, light, heat, and time or times as it may determine to be gutters shall be properly installed with janitor service shall be provided rent free necessary, during regular business hours, approved traps and vents. The drainage in official establishments for use for offi­ enter the establishment(s) or other facil­ and plumbing system must permit the cial purposes by the inspector and NMFS ities in order to ascertain that the con­ quick runoff of all water from official representatives. The room or rooms des­ tainers, labels, and advertising material establishment buildings, and surface ignated for this purpose shall meet with have been altered or disposed of in the water around buildings and on the prem­ the approval of NMFS and shall be con­ manner provided herein, to the satisfac­ ises; and all such water shall be disposed veniently located, properly ventilated, tion of NMFS. of in such a manner as to prevent a and provided with lockers or cabinets nuisance or health hazard. Tanks or suitable for the protection and storage of § 260.98 Premises. other equipment whose drains are con­ inspection equipment and supplies and The premises about an official estab­ nected to the waste system must have with facilities suitable for inspectors to lishment shall be free from conditions such screens and vacuum breaking de­ change clothing. which may result in the contamination of vices affixed so as to prevent the entrance (i) Adequate parking space, conven­ food including, but not limited to, the of waste water, material, and the en­ iently located, for private or official ve­ following: trance of vermin to the processing tanks hicles used in connection with providing (a) Strong offensive odors; or equipment. inspection services shalh be provided. (b) Improperly stored equipment, lit­ (d) Water supply: There shall be ter, waste, refuse, and uncut weeds or ample supply of both hot and cold water; § 260.100 Facilities. grass within the immediate vicinity of and the water shall be of safe and sani­ Each official establishment «hall be the buildings or structures that may con­ tary quality with adequate facilities for equipped with adequate sanitary facili­ its (1) distribution throughout buildings, stitute an attractant, breeding place, or ties and accommodations, including, but harborage for rodents, insects, and other and (2) protection against contamination pests; and pollution. not being limited to, the following:

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 RULES AND REGULATIONS 21041

(a) Containers approved for use as bactericidal treatment. Insofar as is as to permit contamination of the par­ containers for processed products shall practicable, all such equipment shall be tially processed food ingredients; not be used for any other purpose. made of smooth impermeable corrosion- (3) Packages or containers for proc­ (b) No product or material not in­ resistant material that will not adversely essed products shall be clean when being tended for human food or which creates affect the processed product by chemical filled with such products; and all rea­ an objectionable condition shall be proc­ action or physical Contact. Such equip­ sonable precautions shall be taken to essed, handled, or stored in any room, ment shall be kept in good repair and avoid soiling or contaminating the sur­ compartment, or place where any fishery sanitary condition. Such equipment shall face of any package or container liner product is manufactured, processed, han­ be cleaned and sanitized at a frequency which is, or will be, in direct contact with dled, or stored. as is necessary or required in accordance such products. (c) Suitable facilities for cleaning with Good Manufacturing Practice (f) Retention tags: (1) Any equip­ and sanitizing equipment (e.g., brooms, Regulations, 21 CFR, Part 128. ment such as, but not limited to, con­ brushes, mops, clean cloths, hose, nozzles, veyors, fillers, sorters, choppers, and soaps, detergent, sprayers) shall be pro­ § 260.103 Operations and operating pro­ containers which fail to meet appropri­ vided at convenient locations throughout cedures shall be in accordance with ate and adequate sanitation require­ the plant. an effective sanitation program. ments will be identified by the inspector § 260.101 Lavatory accommodations. 411 811 efficient, clean, and rewashed and sanitized before each use; sanitary manner, and (3) Remove all insecure jewelry and, (2) Containers which are used for when food is being manipulated by hand, in?n^ easy access to all parts to holding partially processed food ingredi­ remove from hands any jewelry that re thorough cleaning and effective ents shall not be stacked in such manner cannot be adequately sapitized.

No. 212- FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21042 RULES AND REGULATIONS

(4) If gloves are used in food handling, ages, chew gum, or use tobacco in any have a background of education or ex­ maintain them in an intact, (dean, and form in areas where food or food ingredi­ perience, or a combination thereof, to sanitary condition. Such gloves shall be ents are exposed or in areas used for provide a level of competency necessary of an impermeable material except where washing equipment or utensils. for production of clean wholesome food. their usage would be inappropriate or (7) Take any other necessary precau­Pood handlers and supervisors should re­ incompatible with the work involved. tions to prevent contamination of foods ceive appropriate training in proper food­ (5) Wear hair nets, caps, masks, or with microorganisms or foreign sub­ handling techniques and food-protection other effective hair restraints. Other per­ stances including, but not limited to per­ principles and should be cognizant of sons that may incidentally enter the spiration, hair, cosmetics, tobacco, chem­ the danger of poor personal hygiene and processing areas shall comply with this icals, and medicants. unsanitary practices, and other vectors requirement. (c) Education and training. Personnel (6) Not store clothing or other per­ responsible for identifying sanitation of contamination. sonal belongings, eat food, drink bever­ failures or food contamination should [FR Doc.71-16008 Filed ll-2-71;8:49 am]

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21043 Proposed Rule Making

Interstate Land Sales Registration of for additional comment with respect to DEPARTMENT OF HOUSING materials filed with agencies of certain the revised proposal before adoption of States, § 1710.26 lists these State agencies a final rule. AND URBAN DEVELOPMENT and authorities, and § 1710.27 provides Interested persons are invited to par­ for consolidation and amendment of Office of Interstate Land Sales ticipate in the making of the proposed materials filed with the agencies. rule by submitting such written com­ Registration Section 1710.30, which requires ments or suggestions as they may desire. [24 CFR Part 1710] amendment of the Statement of Record Communications should identify the sub­ if a material change occurs in any rep­ [Docket No. R-71-149] ject matter by the above title and should resented fact, is simplified, and § 1710.32 be submitted in triplicate to the Rules LAND REGISTRATION provides that the use of Property Re­ Docket Clerk, Office of General Counsel, ports which contain any material mis­ Notice of Proposed Rule Making Department of Housing and Urban De­ representation or omission of fact^is un­ velopment, Room 10256, 451 Seventh On February 24, 1971, the Department authorized. Street SW„ Washington, DC 20410. All published a proposed revision of 24 CFR Section 1710.35 is now in tabular form communications received on or before Part 1710 providing registration require­ to avoid possible confusion in the com­ December 5, 1971, will be considered be­ ments under the Interstate Land Sales putation of fees. fore taking action on the proposal. The Full Disclosure Act (15 U.S.C. 1701). Section 1710.50 is being added to pro­ proposals contained in this notice may Various comments were received and on vide that currently effective Statements be changed in the light of comments re­ August 16 and 17, 1971, informal hear­ of Record and Property Reports must be ceived. A copy of each submittal will be ings were held in accordance with a amended before April 1, 1972, to comply available for public inspection during notice published in the F ederal R egister with these regulations. business hours at the above address. on August 5,1971. Section 1710.101 is amended to re­ Upon consideration of the comments Accordingly, the proposed further re­ flect the redesignation of former § 1710.- vision of Part 1710 reads as follows: filed and the statements of record pre­ 10 (j ), “exemption” as § 1710.11. sented at the hearings, certain substan­ Section 1710.102, showing format for Subpart A— General Requirements tive modifications, editorial clarifica­ Sec. the Statement of Reservations, Restric­ 1710.1 Definitions. tions, and changes of format are being tions, Taxes and Assessments, is revised, considered, the principal of which are as 1710.2 Official address. in part, to require under paragraph 1, 1710.10 Statutory exemptions. follows: “Reservations and Restrictions,” that 1710.11 Statutory exemptions—exemption In § 1710.1, new definitions of “Exemp­ the developer furnish specific recording determination required. tion determination,” “Exemption order,” information whenever he refers to in­ 1710.12 Regulatory exemptions. “Property Report,” and “Sale” are in­ struments of record. 1710.14 Regulatory exemptions—exemp­ cluded and the former definition of “Un­ tion order required—limited improved land” is deleted. Section 1710.105, giving instructions offering. Section 1710.2 gives the official address for preparing the Statement of Record, 1710.15 Exemption advisory opinions. of the Office of Interstate Land Sales is revised to explain certain terms, e.g., 1710.17 Election ■— exemption — effective Registration. water quality and purity, and is amended Statement of Record. to require disclosures concerning un­ 1710.18 No-Action Letter Determination. Former § 1710.10 is now divided into 1710.20 Statement of Record and Property four separate sections: §§ 1710.10, usual noise or safety factors and further Report—form and filing. 1710.11,1710.12, and 1710.14, distinguish­ disclosures with respect to ownership of 1710.21 Statement of Record—effective ing respectively between statutory ex­ recreational and common facilities, any date—amendments. emptions not requiring an advisory opin­ arrangements or assurances for con­ 1710.22 Consolidated Statements of Rec­ ion, statutory exemptions which require struction of such facilities, and taxes or ord. a determination, regulatory exemptions assessments relating thereto. 1710.25 State filings—in general. Section 1710.110 provides more de­ 1710.26 State filings—acceptable filings. not requiring an opinion, and a special 1710.27 State filings—consolidations and exemption category concerning limited tailed instructions for preparation of the amendments. offerings that include sale of lots primar­ Property Report and lease addendum, 1710.30 Amendments—Statement of Rec­ ily in intrastate commerce. emphasizing, in particular, disclosure of ord and Property Report—form Section 1710.15 provides more detailed (1) legal conditions in the description and filing. information on preparing and filing re­ of the land, (2) any potential risk of 1710.32 Use of Property Reports—misstate­ quests for “Exemption advisory opin­ investment prior to sale, (3) any un­ ments or omissions prohibited. ions.” usual noise or safety factor, and (4) ade­ 1710.35 Payment of fees. 1710.45 Suspensions. Section 1710.17 is being added to pro- quacy of the potential water supply. 1710.50 Application to effective Statement v™e that after the issuance of a favor­ Section 1710.115 includes a new para­ of Record. able exemption advisory opinion a graph to inform recipients of the State statement of Record shall be considered Property Report Disclaimer that the Of­ Subpart B— Reporting Requirements ineffective and deemed withdrawn un- fice of Interstate Land Sales Registra­ 1710.101 Claim of exemption—format of af­ J®,“ e developer notifies the Secretary tion has relied upon and accepted de­ firmation. “0 the contrary. terminations by a State. 1710.102 Statement of Reservations, Re­ A new § 1710.18 clarifies the effect of strictions, Taxes, and Assess­ Section 1710.125 is revised to require ments—format and instructions. a no-action letter determination. information filed in the heading of a ®ec“ °n 1710.20 is simplified to cover 1710.105 Statement of Record—format and full Statement of Record under § 1710.- instructions. fn/csír form and firing requirements 105 shall be filed in the same format in 1710.110 Property Report and lease ad­ r statements of Record and Property the case of partial Statements of Record dendum. 2 ™ - while ’ a new § 1710.21 pre- filed under § 1710.125. J Ï Ï * the basis for determining the 1710.115 State Property Report disclaimer. Inasmuch as certain of the proposed 1710.120 Statement of Record—State filing. lve dates for Statements of Record further revisions constitute substantive amendments, and a new § 1710.22 1710.125 Partial Statement of Record—re­ modification of the proposal as originally quest for exemption. monídeSrí?r fifing of consolidated State­ published, and particularly in view of ments of Record. A u t h o r it y : The provisions of this Part the new proposal to require filing of 1710 are Issued under sec. 1419 of the Inter­ Section 1710.25 is revised to describe, updated Statements of Record by all state Land Sales Pull Disclosure Act, 82 Stat. general, acceptance by the Office of registrants, the Department is providing 598; 15 U.S.C. 1718.

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21044 PROPOSED RULE MAKING

Subpart A— General Requirements (o) “Sale” and “Seller” include in express requirements .of the exemption their meanings “lease” and “lessor,” provision. No formal written decision is § 1710.1 Definitions. respectively. required, but an exemption advisory As used in this part: (p) “Secretary” means the Secretary opinion pursuant to § 1710.15 may be (a) “Act” means the Interstate Land of Housing and Urban Development or obtained if desired. Sales Full Disclosure Act, 82 Stat. 590, his duly authorized representatives. § 1710.11 Statutory exemptions— ex­ 15 U.S.C. 1701, which became effective in (q) “State” includes the several emption determination required. its original form on April 28,1969. States, the District of Columbia, the (a) The sale or lease of real estate (b) “Blanket encumbrance” means a Commonwealth of Puerto Rico, and the trust deed, mortgage, judgment, or any shall be exempt from the requirements territories and possessions of the United of this part if all of the following criteria other lien or encumbrance, including an States. option or contract to sell, or a trust are met: (r) “Subdivision” means any land (1) At the time of sale or lease the agreement, affecting a subdivision or which is divided or proposed to be divided affecting more than one lot offered within real estate is free and clear of all liens, into 50 or more lots, whether contiguous encumbrances, and adverse claims. a subdivision, except that such term shall or not, for the purpose of sale or lease as not include any lien or other encum­ part of a common promotional plan; (2) Each and every purchaser or his or brance arising as the result of the impo­ and, where subdivided land is offered for her spouse shall have personally made sition of any tax assessment by any sale or lease by a single developer or a an on-the-lot inspection of the real public authority. group of developers acting in concert and estate which he has purchased or leased (c) “Date of filing” for the purpose of where such land is contiguous or is prior to the signing of a contract to pur­ this part shall be considered to be the known, designated, or advertised as a chase or lease. date of receipt by the Secretary of all common unit or by a common name, such (3) The developer has filed with the required statements, materials, docu­ land shall be presumed, without regard Secretary a Claim of Exemption in the ments, and information when completed to the number of lots covered by each form of the affirmation set forth in in the proper form and accompanied by individual offering, as being offered for ,§ 1710.101 and has paid the required fee. the appropriate fee. sale or lease as part of a common promo­ (4) The developer has obtained the (d) “Developer” means any person tional plan. Secretary’s approval of a Statement of who, directly or indirectly, sells or leases, Reservations, Restrictions, Taxes, and § 1710.2 Official address. or offers to sell or lease, or advertises for Assessments, prepared in accordance sale or lease any lots in a subdivision. The official address of the Secretary with the instructions in § 1710.102. (e) “Exemption advisory opinion” for delivery of all mail, telegrams, infor­ (5) Prior to the time a purchaser signs means the formal written decision of the mation, filings, registration, and other Secretary, pursuant to §§ 1710.10 and a contract for sale or lease the developer material required by or relating to the shall have furnished to such purchaser 1710.12, stating whether or not a par­ Act or this chapter is: ticular method of sale is exempt from the a Statement of Reservations, Restric­ requirements of this part. Such decision Office of Interstate Land Sales Registration, tions, Taxes, and Assessments and shall HUD Building, 451 Seventh Street SW., have obtained in writing the purchaser’s .shall be issued on the basis of an exami­ Washington, DC 20411. nation of the information submitted and acknowledgment of receipt of such will not be considered binding if such § 1710.10 Statutory exemptions. statement. information is incomplete or inaccurate Unless a method of sale, lease, or other (b) The developer shall file a copy in any material respect. disposition of land or an interest in land of each acknowledged statement with (f) “Exemption determination” means is adopted for the purpose of evasion of the Secretary within 31 days after the the formal written decision of the Secre­ the Act, the requirements of this part expiration of the calendar year in which the sale or lease is made. If the devel* tary stating whether or not a particular shall not apply to: method of sale will meet the require­ oper has relied upon the provisions of (a) The sale or lease of real estate not paragraph (c) (1) of this section to ments of § 1710.11. Such decision shall be pursuant to a common promotional plan issued on the basis of an examination of establish the time of sale, he sh a ll file to offer or sell 50 or more lots in a with each acknowledged statement a the information submitted and will not subdivision. be considered binding if such informa­ copy of the applicable contract of sale. tion is incomplete or inaccurate in any (b) The sale or lease of lots in a sub­ Such copies shall be bound in alpha­ division, all of which are 5 acres or more material respect. betical order and indexed by purchaser (g) “Exemption order” means the for­ in size. surname. Each bound volume shall con­ mal written decision of the Secretary, (c) The sale or lease of any lots on tain only such copies as are applicable pursuant to § 1710.14, to exempt any sub­ which there is a residential, commercial, to a single subdivision and sh a ll be division or any lots in a subdivision from or industrial building, or to the sale or identified on the outer cover b y the the requirements of this part. lease of land under a contract obligating name and location of the subdivision (h) “Interstate commerce” means the seller to erect such a building thereon and the number assigned by OILSR to trade or commerce among the several within a period of 2 years. such subdivision. Upon demand by the States. (d) The sale or lease of real estate Secretary made at any time during (i) “ Offer” means any inducement, so­ under or pursuant to court order. the calendar year, the developer shall, licitation, or attempt to encourage a per­ (e) The sale of evidences of indebted­ without delay, file such copies of ac­ knowledged statements as the Secretary son to acquire a lot in a subdivision. ness secured by a mortgage or deed of (j) “OILSR” means the Office of In­ trust on real estate. shall request. (c) For the purposes of this section: terstate Land Sales Registration. (f) The sale of securities issued by a (k) “Person” means an individual, or real estate investment trust. (1) “Time of sale or lease” means the an unincorporated organization, partner­ date the sales contract or lease ship, association, corporation, trust, or (g) The sale or lease of real estate by signed by the purchaser except thati estate. any government or government agency. the “time of sale” shall be deemed to b® (l) “Property Report” means the (h) The sale or lease of cemetery lots. the effective date of the conveyance n Property Report prescribed and accepted (i) The sale or lease of lots to any both of the following conditions a# by the Secretary as to form and content. person who acquires such lots for the met: (m) “Purchaser” means an actual or purpose of engaging in the business of (i) The contract of sale requires de­ prospective purchaser or lessee of a lot constructing residential, commercial, or livery of a deed to the purchaser with® in a subdivision. industrial buildings or for the purpose 120 days following the signing of the (n) “Rules and regulations” refer to of resale or lease of such lots to persons engaged in such business. sales contract. .. all rules and regulations adopted pursu­ (ii) Any earnest money deposit, or ant to the Act, including the general re­ The foregoing exemptions are available quirements and the report requirements where the particular factual circum­ other payment on account of the pur* published in this part. stances of the sale or lease meet the chase price, made by the purchaser

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21045

prior to the effective date of the con­ (iii) The offering of lots in the sub­ § 1710.15 Exemption advisory opinions. veyance is placed in an escrow account, division is entirely or almost entirely (a) In general. A developer of a sub­ fully protecting the interest of the pur­ limited to the State in which the sub­ division may obtain an exemption ad­ chaser. Such account shall be with an division is located. visory opinion from the Secretary institution or organization which has (iv) The use of all advertising and stating whether or not, in the opinion trust powers or in an established bank, other promotional means, the distribu­ of the Secretary, a particular method title insurance, or abstract Company, or tion of which is within control of the of sale or lease is exempt from the re­ an escrow company which is doing busi­ developer or his agents, is confined to quirements of this part. An exemption ness in the jurisdiction in which the the State in which the subdivision is lo­ advisory opinion is issued solely in con­ property is located. cated. All use of billboards and similar nection with those methods of sale or (2) “Liens, encumbrances, and adversesigns, telephonic methods of communi­ lease exempted by $§ 1710.10 and 1710.12. claims” do not include the following: cation and direct mail shall be conclu­ An exemption advisory opinion may be (i) Property reservations which land sively presumed to be within the control obtained in the manner described in developers commonly convey or dedicate of the developer or his agents. paragraph (b) or (c) of this section. to local bodies or public utilities for the (v) No more than 5 percent of the (b) Opinion request—full Statement purpose of bringing public services to the sales in the subdivision in any one year of Record. (1) A developer who wishes land being developed. will be made to nonresidents of the State in which the subdivision is located. to begin promptly to offer or to sell lots (ii) Taxes and assessments imposed by in a subdivision may submit in connec­ a State, by any other public body having (b) To obtain an order by the Secre­ tary under paragraph (a) of this sec­ tion with a request for an exemption authority to assess and tax property or by advisory opinion a full Statement of a property owners’ association, which tion, the developer shall: (1) Pile a partial Statement of Rec­ Record (§ 1710.20). The request for such under applicable State or local law con­ opinion shall not affect the date upon stitute liens before they are due and ord—Request for Exemption in accord­ which the Statement of Record shall payable. ance with § 1710.125. (2) Pay the filing fee required by become effective. (iii) Beneficial property restrictions (2) If a Statement of Record has be­ which would be enforceable by other lot § 1710.35(g). (3) Submit a comprehensive state­ come effective prior to the issuance of 'owners or lessees in the subdivision. an advisory opinion of the Secretary (d) Any sale or lease made before writ­ment: (i) Identifying the lots which are to the effect that the method of disposi­ ten notice is received from the Secretary tion is exempt, the developer shall elect that he has determined that a subdivision the subject of the exemption request and setting forth the reasons supporting within 30 days of the date of such is exempt under this section is in viola­ opinion whether he intends to rely upon tion of the Act unless otherwise exempt such request. The developer shall enu­ merate and identify prior sales, if any. such opinion or intends for the State­ and may be voidable at the option of the ment of Record to remain in effect. Un­ purchaser. (ii) Describing the advertising and promotional media and methods used less the developer informs the Secretary § 1710.12 Regulatory exemptions. or to be used in connection with the sale to the contrary, it will be presumed that The requirements of this part shall not or lease or offers to sell or lease lots in he intends to rely upon the opinion of apply to: the subdivision. The statement shall the Secretary and thereafter he shall (a) The sale or lease of lots each of describe the area and States in which not represent to a purchaser that: which exceeds 10,000 square feet and each newspapers and periodicals are distrib­ (i) The subdivision has been registered of which will be sold for less than $100, uted, or in which broadcast of radio or with the Secretary, including closing costs. television stations are received, or to (ii) The Statement of Record is in (b) The lease of lots for a term not to which mailings or other promotional effect, or exceed 5 years provided the terms of the means are directed. If the request is for (iii) The Secretary has approved any lease do not obligate the lessee to renew. the exemption of a single transaction Property Report or similar information The foregoing exemptions are avail­ the statement shall include the details given to a purchaser. able where the particular factual circum­ of that transaction. If the developer does not intend to rely stances of thg sale or lease meet the ex­ (iii) Stating whether any of the on the exemption advisory opinion, he press requirements of the exemption holders of an ownership interest in the shall notify the Secretary of his election provision. No formal written decision land, or the developer or any principals within 30 days of the date of such opinion is required, but an exemption advisory in the holder or developer, are directly and shall not thereafter represent to a opinion pursuant to § 1710.15 may be ob­ or indirectly involved in any other sub­ purchaser that the method of disposi­ tained if desired. division which has filed with or has re­ tion is exempt from the Act. quested an exemption determination, (c) Opinion request—partial State­ § 1710.14 Regulatory exemptions— ex­ order or advisory opinion from the Office ment of Record. A developer who, for emption order required-—limited of Interstate Land Sales Registration. If offering. any reason, prefers not to file a complete so, the statement shall identify the sub­ Statement of Record may file a partial (a) The Secretary may exempt fromdivision by name, location and OILSR Statement of Record in connection with the provisions of this part any subdivi­ number or numbers. If any of the above- a request for an exemption advisory sion or any lots in a subdivision which mentioned persons are involved in any opinion. The partial Statement of Rec­ otherwise would be covered by the pro­ other subdivision upon which they plan ord shall be in the form required by visions of this part, by issuing an ex­ to file a Statement of Record or upon § 1710.125. The partial Statement of Rec­ emption order in writing to the effect which they plan to request an exemption ord shall not operate as registration un­ that the enforcement of this part with determination, order or advisory opin­ der the Act. respect to such subdivision or lots is not ion, the statement shall identify such (d) Supporting statement and fees. necessary in the public interest and for subdivision by name and location and Any opinion request shall be accompa­ the protection of purchasers by reason of shall state the proposed number of lots nied by the required fee, set forth in the small amount involved or the limited in that subdivision. § 1710.35, and a comprehensive statement character of the public offering, if he (4) Submit such additional informa­ of facts and applicable law under which determines that: tion as the Secretary may require in the developer believes the method of (1) The request for the exemption order to make his decision. disposition to be exempt. The statement order is limited to a single transaction; ,(c) Any exemption order issued pur­ shall: suant to the provisions of this section (1) Describe the advertising and pro­ met^ ^ following criteria are shall be limited to the facts, affirmations, motional media and methods used or to and methods of operation as represented be used in connection with the sale or J J i are less than 300 lots in the in the request and any material change lease or offers to sell or lease lots in subdivision. in or deviation therefrom shall auto­ the subdivision. (ii) The subdivision is located entirelymatically terminate the effect of such (2) Describe the area and States in within one State. exemption order. which newspapers and periodicals are

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21046 PROPOSED RULE MAKING distributed, or in which broadcasts of ra­ (c) Form of Property Report. The previous filing, except that supporting dio or television stations are received, or Property Report is a summary of in­ documentation may be incorporated by to which mailings or other promotional formation disclosed in the Statement of reference in those instances where it is materials are directed. Record and is to be given to purchasers. applicable specifically to both the orig­ (3) State whether any of the holdersIt shall be in the form set forth in § 1710.- inal filing and to the additional lots to of an ownership interest in thé land or n o. be offered. In all other respects the con­ the developer or any principals in the (d) State filings. Instead of the forms solidated Statement of Record shall con­ holder or developer are directly or in­ required by paragraphs (b) and (c) of form to the format requirements of an directly involved in any other subdivision this section, a Statement of Record and initial Statement of Record filed in ac­ which has filed with or has requested Property Report may be in the form re­ cordance with these regulations. an exemption determination, order or quired by State authorities if filed in § 1710.25 State filings— in general. advisory opinion from the Office of In­ accordance with the provisions of §§ 1710.25, 1710.115, and 1710.120. (a) Material filed with and found ac­ terstate Land Sales Registration. If so, ceptable by State authorities charged the statement shall identify the sub­ (e) Effective date—Property Report. The Property Report shall be considered with the responsibility of regulating the division by name, location and OILSR sale of lots in subdivisions may be ac­ number or numbers. If any of the above- to be a part of the Statement of Record for the purpose of determining the effec­ cepted for filing by the Secretary as meet­ mentioned persons are involved in any ing the requirements of this part if the other subdivision upon which they plan tive date and the suspension of the effec­ tive date thereof. Secretary determines such action to be to file a Statement of Record or upon appropriate and such determination is set which they plan to request an exemption § 1710.21 Statement of Record— effec­ forth in § 1710.26. Material filed with the determination, order or advisory opin­ tive date— amendments. Secretary under this section must be cer­ ion, the statement shall identify such tified by such State authorities. The cer­ subdivision by name and location and (a) Original filing and amendment thereto—effective date. The effective tification shall: shall state the proposed number of lots (1) State that the material is a com­ in that subdivision. date of a Statement of Record or any amendment thereto shall be the 30th day plete duplicate of all materials which § 1710.17 Election— exemption— effec­ after the date of filing unless the Secre­ were the bases for the finding of accepta­ tive Statement o f Record. tary shall notify the developer in writing bility under applicable State law and After the issuance of a favorable ex­ prior to such 30th day either that : regulations. emption advisory opinion, a Statement (1) The effective date has been sus­ (2) .Specifically cite the State law un­ of Record shall be considered ineffec­ pended in accordance with § 1710.45, or der which the material was found tive and shall be deemed permanently (2) An earlier effective date has been acceptable. determined by the Secretary. (3) State the date when the finding withdrawn unless the developer notifies was determined to be acceptable. the Secretary of his election to rely ' (b) Consolidated filing—effective date. The effective date of a consolidated (4) State that the finding of accepta­ upon the Statement of Record in ac­ bility is effective as of the date of cordance with § 1710.15(b). Statement of Record shall be governed by the provisions of paragraph (a) Of the certification. § 1710.18 No-Action Letter Determina­ this section except that the date of filing (b) Where duplicate material has tion. shall be the date the required fee and been accepted for filing by the Secretary Whenever the Secretary determines the material which is to be consolidated under paragraph (a) of this section and on the basis of the facts presented that with the original filing is received by the such material, or any part thereof, for no affirmative action is necessary to pro­ Secretary. any reason, is no longer acceptable to the State authorities or effective in that tect the public interest or prospective (c) Amendments — effective date. purchasers, a letter stating that no ac- State, the filing with the Secretary shall Amended Statements of Record shall be­ be ineffective unless amended pursuant ion will be taken by the Secretary may come effective as follows : If a Statement be issued. Any determination by the Sec­ to § 1710.27. of Record or any amendment thereto -(c) The effective date of a State filing retary that action shall not be taken has been filed but is not yet effective, the shall not bind the Secretary with regard shall be determined in accordance with effective date of the Statement or the provisions of § 1710.20 and § 1710.21. to his future actions relating to such amendment, as amended, shall be the matter unless the Secretary shall specifi­ 30th day after the filing of the latest § 1710.26 State filings— acceptable fil­ cally set forth in writing his deter­ amendatory material unless the Secre­ ings. mination to be so bound and the extent tary shall notify the developer in writing The Secretary has determined that ma­ and nature thereof. Any such No-Action prior to such 30th day either that: terial initially filed with and certified by Letter Determination by the Secretary (1) The effective date has been sus­ authorities in the several States listed shall not affect any right which any pended ih accordance with § 1710.45, or below shall be accepted pursuant to purchaser may have under the Act. (2) An earlier effective date has been § 1710.25; § 1710.20 Statement of Record and determined by the Secretary. (a) California. Property Report— form and filing. (d) Requirement for amendment. The (b) Florida, except as to material filed Statement of Record and Property Re­ with State authorities prior to enactment The requirements for registering a port shall be immediately amended when of section 478, Florida statutes, effective subdivision, by filing a Statement of any omission is discovered or any change August 1,1967. Record and a Property Report with the occurs which causes the Statement of (c) Hawaii, except as to material ill®* Secretary and obtaining the Secretary’s Record or Property Report to contain any with State authorities prior to the en­ determination of a date when such filing material misstatement or omission of actment of Act 223, Session laws of becomes effective, are as follows: fact. Hawaii 1967. (a) Filing. A Statement of Record and (d) New York. a Property Report relating to a subdivi­ § 1710.22 Consolidated Statements of sion shall be filed with the Secretary by. Record. § 1710.27 State filings— consolidations personal delivery or by certified mail, re­ If in connection with lots previously and amendments. turn receipt requested, addressed as offered for sale and covered by an effec­ (a) Procedures. Where material filefi shown in § 1710.2. tive Statement of Record, the developer with State authorities also has been filed (b) Form of Statement of Record. The Intends to offer additional lots as part with the Secretary pursuant to § 1710.25. Statement of Record shall be filed in the of a common promotional plan, either a and subsequent thereto, the State author- * form, and shall be supported by the new or a consolidated Statement of Rec­ ities approved amendments or a consoh*< documentation, required by § 1710.105. ord must be filed. The developer shall dation to such material, copies of The Statèment of Record shall also in­ answer specifically each question in the amended or consolidated material, as ap­ clude such other information as the Sec­ Statement of Record and submit a new proved, shall be filed with the Secretary- retary may require as being reasonably Property Report. The developer may not The OILSR number shall appear at tne necessary or appropriate for the protec­ incorporate by reference answers to ques­ top of each page of the material su d- tion of purchasers. tions or suporting documentation in the mitted. Such a filing shall be made wit*1

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21047

the Secretary within 5 days after it be­ Property Report containing any mate­ (g) Exemption order, determination, comes effective under the applicable State rial misstatement or omission of fact. or advisory opinion. The fee for an ex­ laws and shall include the following addi­ § 1710.35 Payment o f fees. emption order, determination, or ad­ tional items: visory opinion (§§ 1710.10-1710.15) shall (1) A letter or other document from (a) Method of payment. Fees shall be be $100 which shall not be refundable and the State authorities stating that the paid by certified check or cashier’s check is to be collected as follows: amendment or additional material has or postal money order. Such check or (1) When the developer files a com­ been allowed to become effective. money order shall be payable to the plete Statement of Record, the fee re­ (2) A letter from the developer giving Treasurer of the United States. quired by paragraphs (b) through (e) a narrative statement fully explaining (b) Initial filing. The fee, not to exceed of this section shall be submitted and if the purpose and significance of the $1,000, for the initial filing of a State­ the Secretary advises that the offering is amendment or consolidation and refer­ ment of Record, shall be, as set forth in exempt under §§ 1710.10-1710.14, the ring to that part and page of the State­ column 1 of paragraph (f) of this sec­ Secretary will refund the submitted fee ment of Record which is being amended. tion, based on the number of lots in the except for $100. (3) All pages of the Statement of offering. (2) Where the developer files a request Record, which have been amended, re­ (c) Consolidated filing. The fee, not to for an exemption order, determination or typed in the approved format reflecting exceed $1,000, for filing a consolidated advisory opinion not accompanied by a the amendments. Statement of Record, shall be, as set complete Statement of Record, the fee of (4) A copy of the Property Report, if forth in column 2 of paragraph (f) of $100 shall be submitted. If*the Secretary amended. this section, based on the number of lots finds that the filing of a complete State­ (b) Requirement for amendment. The in addition to the number which were ment of Record is required, the fee of Statement of Record and Property Re­ offered in the initial Statement of $100 shall be applied as a credit toward port shall be immediately amended when Record. the fee required for the filing of the com­ any omission is discovered or any change (d) Initial State filing. The fee, not to plete Statement of Record. occurs which causes the Statement of exceed $1,000, for ar. initial filing of a Record or Property Report to contain duplicate of material filed with a State § 1710.45 Suspensions. any material misstatement or omission (§ 1710.25), shall be, as shown in column (a) Suspension notice—prior to effec­ of fact. 3 of paragraph (f) of this section, based tive date. (1) A suspension notice with (c) Effective date—State filing. The on the number of lots in the offering. respect to a Statement of Record or an effective date of a State filing consolida­ (e) Consolidated State filing. The fee, amendment may be issued to a developer tion or amendment shall be determined not to exceed $1,000, for the filing of a within 30 days after receipt by the Sec­ in accordance with the provisions of duplicate of material filed with a State retary if any of the following occurs: § 1710.21. covering a number of lots in addition to (1) Prior to its effective date, the Sec­ § 1710.30 Amendments— Statement of the number contained in the initial of­ retary has reasonable grounds to believe Record and Property Report— form fering approved by the State (§ 1710.27), that a Statement of Record is on its face and filing. shall be, as shown in column 4 of para­ incomplete or inaccurate in any material graph (f) of this section, based on the respect. (a) An amendment to an effective number of lots being added to the num­ (ii) Prior to its effective date, the Sec­ Statement of Record or to a Property ber in the initial offering. This para­ retary has reasonable grounds to believe Report shall be filed with the Secretary graph applies only in those instances that an amendment is on its face incom­ if any material change occurs in any where the State has permitted the con­ plete or inaccurate in any material representation of fact made in such solidation of the additional number of respect. statement or report. An amendment shall lots with those included in the initial (2) Suspension notices issued pursu­ be filed within 15 days of the date on offering. which the developer knows or should ant to this section shall suspend the ef­ have known that there has been a ma­ (f) Fee schedule. The following chart fective date of the statement or the terial change. The OILSR number of the shall be used in computing fees required amendment until 30 days, or such earlier Statement of Record shall appear at the to be paid under paragraphs (b), (c), date as the Secretary may determine, top of each page of the material (d ), and (e) of this section. after the developer files such additional submitted. information as the Secretary shall Fees column require. (b) An-amendment to a Statement of Number of lots Record or Property Report shall incor­ 1 2 3 4 - (3) A developer, upon receipt of a sus­ porate by reference the prior Statement pension notice, may request a hearing, of Record or Property Report except for 1 -50...... $300 $250 $225 $125 and such hearing shall be held within any material change which may have 51-100____ ... 350 300 250 150 20 days of receipt of such request by the 101-150...... 400 350 275 175 Secretary. occurred. A material change shall be 151-200...... 450 400 300 200 specifically described and shall be sup­ 201-250...... 500 450 325 225 (b) Notice of proceeding; suspension 251-300...... 550 500 350 250 ported by such documentation as would 301-350...... 600 550 375 275 orders—subsequent to effective date, (l) be required in connection with an initial 351-400...... 650 606 400 300 A notice of proceedings to suspend an nlmg. Any such amendments shall be 401-450...... 700 650 425 325 effective Statement of Record may be 451-500...... 750 700 450 350 accompanied by: 501-550...... 800 750 475 375 issued to a developer if any of the fol­ (1) A letter from the developer giving 551-600...... 850 800 500 400 lowing occurs: 601-650...... 900 850 525 425 a narrative statement fully explaining 651-700...... 950 900 550 450 (i) The Secretary has reasonable tne purpose and significance of the 701-750...... 1,000 950 575 475 grounds to believe that an effective 7 5 1 -8 0 » ...... 1,000 1,000 600 500 amendment and referring to that part 801-850...... 1,000 1,000 625 525 Statement of Record includes an untrue *2? P&se of the Statement of Record 851-900...... 1,000 1,000 650 550 statement of a material fact, or omits a is being amended. 901-950...... 1,000 1,000 675 575 951-1,000_____ 1,000 1,000 700 600 material fact required by the Act or the (2) Ail pages of she Statement of Rec- 1,001-1,060... 1,000 1,000 725 625 rules and regulations, or omits a mate­ 1,051-1,100... 1,000 1,000 750 650 in tK lch have been amended, retyped 1,101-1,150... 1,000 1,000 775 675 rial fact which is necessary to make the 1 ™ ! approved format reflecting the 1,161-1,200... 1,000 1,000 800 700 statements therein not misleading. amendments. 1,201-1,250... 1,000 1,000 825 725 1,251-1,300... 1,000 1,000 850 750 (ii) The Secretary undertakes an ex­ 1,301-1,350... 1,000 1,000 875 775 amination of a developer or his records to amendedC°Py ° f the Property ReP°rt> if 1,351-1,400... 1,000 1,000 900 800 1,401-1,450... 1,000 1,000 926 825 determine whether a suspension order § 1710.32 Use of Properly Reports— 1,451-1,500... 1,000 1,000 950 850 should be issued and the developer fails 1,501-1,550... 1,000 1,000 975 875 to cooperate with the Secretary, or ob­ “"Statements or omissions pro- 1,661-1,600... 1,000 1,000 1,000 900 1,601-1,650. .. 1,000 1,000 1,000 925 structs, or refuses to permit the Sec­ 1,651-1,700... 1,000 1,000 1,000 950 retary to make such examination. this Part shall be construed 1,701-1,750... 1,000 1,000 1,000 975 authorize or approve any use of a 1 ,7 51 -or m ore. 1,000 1,000 1,000 1,000 (iii) Upon receipt of an amendment to an effective Statement of Record, the

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21048 PROPOSED RULE MAKING

Secretary has reasonable grounds to be­ (4) The Statement of Reservations, Re­ of.all reservations and restrictions affecting lieve that in the public interest or for the strictions, Taxes, and Assessments is com­ the property within the above-named sub­ plete and correct. division. Where reservations or restrictions protection of purchasers, the Statement (5) The receipt of such statement will be are not applicable to all lots within a sub­ of Record should be suspended. acknowledged in writing, in duplicate, by division the statement shall identify the lots (2) The Secretary may, after notice, the purchaser or lessee prior to the time of affected. State whether such reservations and and after opportunity for a hearing, is­ the signing of the contract. restrictions are enforceable by other lot sue an order suspending the Statement (6) A copy of the acknowledged statement owners or lessees of lots in the subdivision. of Record. will be filed with the Secretary within 31 Reference to instruments of record shall in­ (3) In the event that a suspension or­ days after the expiration of the calendar year clude a specific citation to the public record der is issued, such order shall remain in in which the sale or lease is made. Upon de­ in which such instruments are recorded or mand by the Secretary made at any time filed by book, page, and place of record.) effect until the developer has amended during the calendar year, the developer shall the Statement of Record or otherwise 2. Taxes. file such copies of such acknowledged state­ (The developer shall set forth, in descrip- complied with the requirements of the ments as shall be specified by the Secretary. tive and concise terms, a complete statement order. When the developer has complied (7) At the time of sale or lease, the lot will listing all taxes and liens presently due and with the requirements of the order, the be free and clear of all liens, encumbrances, payable and those which constitute liens on Secretary shall so declare and thereupon and adverse claims. The term “liens, encum­ the property before they become due and the suspension order shall cease to be brances, and adverse claims” (as used in this payable, together with the date such taxes effective. paragraph) is not intended to include prop­ will become due and payable. Itemize taxes, erty reservations which land developers com­ amounts and rates by lots. Where taxes, § 1710.50 Application to effective State­ monly convey or dedicate to local bodies or amounts or rates shown are not yet available ment of Record. public utilities for the purpose of bringing for the current calendar year, those for the public services to the land being developed, Statements of Record and Property Re­ previous year should be shown with a state­ nor to taxes and assessments imposed by,a ment that they are not for the current year ports filed and allowed to become effec­ State, by any other public body having au­ and that the new taxes, amounts or rates tive with OILSR prior to the effective thority to assess and tax property or by a may vary; and, if property has been re­ date of these regulations shall continue property owners’ association, which, under zoned or subdivided since the last taxing in effect through March 31,1972, or until applicable State or local law, constitute liens period, the estimated amount of changes for such time as the developer amends or on the property before they are due and the current year should also be shown. Where consolidates his Statement of Record or payable, nor to beneficial property restric­ the previous year’s taxes were based other tions which would be enforceable by other than on lots as presently subdivided, esti­ changes his method of operation so as lot owners or lessees in the subdivision. to require a reprinting or revision of the mates should be shown and so identified.) (8) For the purpose of this claim of ex­ 3. Assessments. Property Report but in no event later emption, the undersigned agrees that the than April 1, 1972. As of April 1, 1972, (The developer shall set forth in descrip­ “time of sale or lease” shall be deemed to be tive and concise terms a statement of all any and all effective Statements of Rec­ the date the sales contract, or lease is signed assessments which are made or may be made ord and Property Reports must have been by the purchaser or lessee except that the by State or local authorities or by a property amended to conform to these regulations. “time of sale” shall be deemed to be the owners’ association or similar organization. Failure of a developer to amend a State­ effective date Of the conveyance or lease if The statement shall include any dues or fees ment of Record to comply with the reg­ both of the following requirements are met: paid in the last year or payable to a prop­ ulations in this part shall subject a State­ (a) The contract of sale requires delivery erty owner’s association. Itemize assessments, ment of Record to immediate institution of a deed to the purchaser within 120 days dues, fees, amounts and rates. State the of suspension proceedings. following the signing of the sales contract. authority under which the assessments, dues, (b) Any earnest money deposit or other and fees are imposed.) Subpart B— Reporting Requirements payment on account of the purchase price W a r n in g : This subdivision is not registered made by the purchaser prior to the effective with the Office of Interstate Land Sales Reg­ § 1710.101 Claim of exemption— for­ date of the conveyance will be placed in an istration nor has that Office passed upon the mat o f affirmation. escrow account, fully-protecting the interests accuracy or adequacy of this statement, nor A claim of exemption pursuant to of the purchaser, in an institution or orga­ does this statement serve as an endorsement nization which has trust powers, or in an or recommendation by that Office of the § 1710.11 shall be made to the Office of established bank, title insurance, or abstract Interstate Land Sales Registration, De­ above offering. company, or escrow company doing business The undersigned by his signature hereby partment of Housing and Urban Devel­ in the Jurisdiction in which the property is acknowledges that he has received a State­ opment, and shall be supported by an located. ment of Reservations, Restrictions, Taxes, affirmation as follows: and Assessments, on (identify subdivision C l a im o f E x c e p t io n and location) from (name of developer) lo­ (Title) cated at (address) and that he has made a I hereby affirm on th is------day o f ------(If the affirmation is made by an agent of personal on-the-lot inspection of (at the ______19__ as follows: the developer of the subdivision, submit time of delivery to the purchaser or lessee (1) I am the developer, or the duly au­ written authorization to act as agent.) insert a legal description of the particular thorized agent of the developer, of the sub­ lot) which is the lot upon which the under­ division known a s ------§ 1710.102 Statement o f Reservations, signed plans to execute a contract of sale or located at ------in the Restrictions, Taxes, and Assess­ lease. State of ------County ments— format and instructions. o f ------—------(2) Each and every purchaser or lessee of A Statement of Reservations, Restric­ (Date) a lot to be covered by this exemption, or his tions, Taxes, and Assessments shall be or her spouse, prior to his signing a contract prepared by the developer in accord­ (Signature of purchaser to purchase or lease will have: ance with the following format and or lessee) (a) Made a personal on-the-lot inspection instructions: § 1 7 1 0 .1 0 5 Statement o f Record— f°r* of the real estate which he purchases or S t a t e m e n t o f R eservations, R estrictions , leases; and mat and instructions. T a x e s, a n d A s s e s s m e n t s (b) Acknowledged, in writing, receipt of The Statement of Record required by a statement furnished by the developer set­ Employer’s 1RS N um ber----- — § 1710.20 shall be prepared in accordance ting forth all reservations, restrictions, taxes, Developer______and assessments applicable to the lot to be Owner.,______with the format and instructions a® purchased or leased whether or not such Name of developer. ------follows: reservations, restrictions, taxes, or assess­ Address______;— Employer’s 1RS number:------* ments are included within the term “liens, Owner (if developer is other than owner) Developer: ------encumberances, and adverse claims’’ as used Owner:------* in paragraph (7) below. Address______- — ------— S t a t e m e n t o f R ecord (3) This affirmation is accompanied by a Name of subdivision______Statement of Reservations, Restrictions, Location______Name of subdivision:______—■ ------Taxes, and Assessments prepared in accord­ Number of lots in subdivision------—— — Location: ______——,. ■ -~*‘** Number of acres in subdivision------ance with the provisions of 24 CFR 1710.102. Name of developer:______■____ —— The Secretary’s approval of such statement 1. Reservations and restrictions. .... _Developer’s address:____- —------—------will be obtained prior to its distribution and (The developer shall set forth, in descrip­ Authorized a g e n t:______■____ use. tive and concise terms, a complete statement Authorized agent’s address: - —------— "*

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21049

PART L ADMINISTRATIVE INFORMATION C. Supporting documentation: F. Drainage and flood control: 1______- A. Identification and filing information: 1. ______2______2.______1 ______3 .______3. ______;______2------4...... 3------PART VU. ACCESS, NEARBY COMMUNITIES, ROAD B. General Information: SYSTEM WITHIN THE SUBDIVISON 5. Supporting documentation: 1 ______A. Access— Nearby communities: a. ______2------1.______— b...... 3 ------2.______G. Television: 4 ______3. Name of community______1. ______5 . ------Population ______- ______6. Acres owned ------■- 2.______Acres under option or other similar ar­ Distance over paved roads______Distance over unpaved roads— !______— PART IX. RECREATIONAL AND COMMON FACILITIES rangement ------.------i— - T o t a l ______Total ------A ...... I ______B. Road system within the subdivision:. 1. ______C. Pilings with State authorities: 1.______1 ______— ------2. —...... 2______3. ______2______3.______D. Supporting documentation: 4. ______C. Supporting documentation: 5. ______1______1...... __ ...... ___ 2______B. ______2______PART n . DEVELOPERS AND HOLDERS OF OWNER­ 3 . ______PART X. MUNICIPAL SERVICES SHIP INTERESTS IN LAND PART v m . UTILITIES A. Fire protection: A. Holder of ownership interest------A . W ater: 1. ______Type of legal entity______2...... —...... - ...... Extent and type of interest— _------1. ______3. ___...... —______B. Holder of interest in developer------2. ______3. ______B. Police protection______Type of legal entity------.------C. Garbage and trash collection: Extent and type of interest______._____ 4. ______5. ______1______C. Supporting documentation------2...... — 6...... 3...... — PART m . IDENTITY OF INTEREST IN MORE THAN 7. ______- ...... - O N E F IL IN G D. Public schools: 8. Supporting documentation: 1. Elementary school: A. Subdivision ______a. ______-______Location______a. ______OILSR num ber______- ______b . ------b . ______- ...... c. ------.______'------c. ------—------Date of filing______d. ______B. Suspensions______- ______2. Junior high school: B. Electricity: PART IV. LEGAL DESCRIPTION, TOPOGRAPHY, 1...... a . ______’______CLIMATE, SUBDIVISION MAP 2. ______b...... A. Legal description______._ 3...... c . ______d ...... B. Topography and physical character­ 4. ______istics: 5...... 3. High school: 1______6. Supporting documentation: a . ______:____ .__ 2______b...... 3.______a. ______;______c . ______4______b...... d ...... c. ______5 ...... E. Medical and dental facilities > 6______C. G a s: 7 . ______1. ______1. Hospital facilities: C. Climate and temperature: 2. ______a . __-______■______«r_-______1 ______3. ______^______b ...... ___...... 2.______4. ______c . ______D. Environmental factors: 5. ______d...... e . ______;______1______. 6. Supporting documentation: 2______a. ______2. Physicians and dentists: E. Subdivision map: b . ______a. ______;______b . ______;______2. ZIZZZIZZZ ...... c. ______3 ______D. Telephone: F. Public transportation: 4 ______1. ; ...... 1. ______5 ___ 2. ______2. ______e...... ::::::::::::::::: 3...... 3 . ______4...... 4 . ______P. Supporting documentation : 5...... PART XI. TAXES AND ASSESSMENTS— COMMON 2. IIIIIIIIIZIIIIZIIIIIIIIIIIIIIIIIIIIIII 6. Supporting documentation: FACILITIES a. ______PART V. CO ND ITIO N OF T IT L E , EN CU M BRAN CES, A...... DEED RESTRICTION S, AND COVENANTS b. ______B...... c. ______C...... A____ 1. ______B . ____ ZZ__ZZZZZZZZZZZZZZZZZIZZZZZI E. Sewage disposal: 2...... C...... ZZZZ__ZZZZZZZ 1.______3 ...... d . ______"_____ ZZZZZZZZZZZIZZZZZZZZZZZZ 2. ______4 . ______3. . . . ______5 . ______PART VI. GENERAL TERM S AND CO N D ITIO N S OF 4. ______6. ______OFFER, PROPOSED RANGE OF SELLING PRICES OR 7...... RENTS 5. ______r ______A. Summary of General Terms and Condi­ 6. . . . . ______PART xn . OCCUPANCY STATUS tions of Offer; 7...... 1...... A ______1...... 8...... B...... 2 _ zzzzzzz 9. ______C...... 3 _ zzzzzzzzzzzzzzzzzzzzzz zzzzzz 10. Supporting documentation : PART XIII. SHOPPING FACILITIES B. Proposed range of selling prices or a. ______A ______rents____ b ...... B......

No. 212——5 FEDERAL REGISTER, V O L 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21050 PROPOSED RULE MAKING

PART XIV. FINANCIAL STATEMENT ard size of elite or pica type must be used. 2. Name the county or counties or other Deeds, title policies, subdivision maps or political subdivision or subdivisions within A . ______plats, and other supporting documents may which the subdivision is located. B. ------be on different size paper but should be 3. State the number of lots in this offering. PART XV. AFFIRMATION folded to the 8% - by 13-inch size. A copy 4. If more than one offering of lots in the of the Property Report in the form that it subdivision has been made or will be made, Affirmation will be given to the purchaser shall be at­ state the number of lots to be offered in the I hereby affirm that I am 'the developer tached to the Statement of Record. State­ entire subdivision. See instruction D.2 of of the lots herein described or will be the ments of Record shall be properly signed and this part. developer at the ‘ time lots are offered for dated. 5. State the number of acres included in sale or lease to the public, or that I am the In the upper right hand corner, the de­ this offering. agent authorized by such developer to com­ veloper shall give his employer’s IRS number 6. If more than one offering of lots in the plete this statement (if agent, submit writ­ as well as that of the owner of the sub­ subdivision has been made or will be made, ten authorization to act as agent) : division, if the developer is not the owner. state the number of acres owned, the num­ That the statements contained in this The name at the heading of the Statement ber of acres under option or other similar Statement of Record and any supplement of Record shall be the common promotional arrangement for acquisition of title to the? thereto, together with any documents sub­ name used for the subdivision. The name land and the total number of acres to be mitted herewith, are full, true, complete, and and address of the authorized agent shall be offered pursuant to the same common pro­ correct; the name and address of the party designated motional plan. by the developer to receive correspondence That the fees accompanying this applica­ and to receive service of process or notice of C. Filings with State authorities. tion are in the amount required by the rules any action taken by OILSR. In all filings, 1. If a Statement of Record or similar in­ and regulations of the Office of Interstate including filings by foreign developers, the strument for the subdivision has been filed Land Sales Registration. authorized agent shall be a resident of the in any State or States, list the State or United States. States. (Date) (Signature) The supporting documents required by the 2. If any of the States listed in answer various parts of these instructions shall be to figure 1 above has not permitted the filing to become effective or has suspended the (Corporate (Title) attached as exhibits at the back of the State­ ment of Record. Each exhibit shall be identi­ filing, give reasons cited by the State and seal if fied by affixing a tab on the right side of the also the developer’s reasons, if different from applicable) cover sheet of the exhibit and by identifying those cited by the State. W a r n i n g : Section 1418 of the Housing and thereon the applicable part and subpart by D. Supporting documentation. Urban Development Act of 1968 (82 Stat. Roman numeral, letter and Arabic number. 1. If you are requesting an exemption pur­ 598, 15 U.S.C. 1717) provides: “Any person The pages of each exhibit shall be numbered suant to § 1710.14 or § 1710.15 of these rules who willfully violates any of the provisions beginning with the number one for the first and regulations, your request should be en­ of this title or of the rules and regulations page in each exhibit and numbering the re­ titled “Request for Exemption” and should or any person who willfully, in a statement maining pages in the exhibit sequentially. If, include a statement of applicable facts and of record filed under, or in a property report at a later time, additional data is furnished law. The statement shall include the infor­ issued pursuant to, this title, makes any un­ to be incorporated into, or to amend, an ex­ mation specified in the applicable section true statement of a material fact * * * , shall hibit, the pages of the additional data shall and all other information you feel necessary upon conviction be fined- not more than be numbered beginning with the number for the consideration of the merits of the $5,000 or imprisoned not more than 5 years, following the last page number in the exhibit proposed offering in relation to the Inter­ or both.” and following sequentially therefrom. If the state Land Sales Full Disclosure Act. The information in an exhibit is applicable to offering must be prospective; and the infor­ I nstructions f o r C o m p l e t i o n o f S t a t e m e n t more than one part, the developer may in­ mation submitted must affirmatively disclose o f R e c o r d corporate that information by reference to that both the offering and the operations These instructions must be followed in the appropriate exhibit and to the applicable contemplated thereunder will not be incon­ completing the Statement of Record. All page or pages within that exhibit. sistent with the provisions of the Interstate spaces in the specified format must be com­ If an item in the Statement of Record is Land Sales Full Disclosure Act. pleted. The format must not be changed in supported by information in an exhibit, place 2. If the present offering is a subdivision any respect, except as follows: the appropriate exhibit and page number in which is or will be offered with one or more a. Spaces provided in the format may be the right margin immediately adjacent to additional subdivisions having recreational enlarged or extended for the purpose of pro­ the item. Whenever the Statement of Record and/or other common facilities, submit the viding a comprehensive explanation. requires a summary or statement of terms general or total plan. Include a map showing b. In addition to the information ex­ or items, such summary or statement must the total land owned or under option or, pressly required to be stated in the State­ be presented in a clear and concise manner. other similar arrangement for acquisition of ment of Record, there shall be added such Where the documentation required by the title to the land; and delineate thereon the further material information, if any, as may Statement of Record cannot be obtained, a land included in this offering. be necessary to make the required statements letter stating the reasons therefore must be PART II. DEVELOPERS AND HOLDERS OF OWNER­ in the light of the circumstances under which furnished, by the developer, along with the SHIP INTERESTS IN LAND they are made, not misleading. best alternative assurance available. A. List the name and address and the type c. If a filing is to be consolidated pursuant The following instructions correspond to to § 1710.22, the developer shall answer spe­ and extent of interest of each holder of any the part and subpart letters and numbers ownership interest in the land included in cifically each question in the Statement of set forth in the Statement of Record format. Record and submit a new Property Report. this offering. (Individual lot owners or les­ The developer shall not incorporate by ref­ PART I. ADMINISTRATIVE INFORMATION sees who have purchased or leased lots from erence the answers to questions or supporting the developer need not be listed.) If the A. Identification and filing information. holder is other than an individual, name documentation in the previous filing, except 1. State whether the filing is an initial that supporting documentation may be in­ the type of legal entity and list the interest filing with the Office of Intestate Land and the extent thereof, of each principal. For corporated by reference in those instances Sales Registration on the subdivision or an where it is applicable specifically to both the the purposes hereof, “ principal” shall mean additional offering of lots to be consoli­ any person or entity having a 10 percent or original filing and to the additional lots to dated with a Statement of Record previously be offered. This shall be accomplished by more financial interest. filed for lots offered under the same common B. If the developer does not own an in­ placing after the applicable part or subpart promotional plan. If the filing is to be con­ in the format the OILSR number of the pre­ terest in the land, list name and address of solidated, identify the OILSR filing number each individual or entity having an owner­ vious filing identifying the appropriate part, assigned to the original Statement of subpart, exhibit, and page number. In all ship interest in the developer. If the de­ Record. veloper is other than an individual, name other respects the consolidated Statement 2. Do you intend to make subsequent of Record shall conform to the format re­ the type of legal entity and list the interest, filings for additional lots within the and the extent thereof, of each principal. For quirements of an initial Statement of Rec­ subdivision? ord filed tinder these regulations. the purposes hereof, principal shall mean To facilitate proper filing, Statements of 3. Are you submitting documentation to any person or entity having a 10 percent or Record shall be filed on good quality, un­ support a claim of exemption? If so, see more financial interest. instruction in D.l of this part. glazed, white paper, approximately 6 y 2 by C. If the developer is a corporation, sub­ 13 inches in size, with a 2-inch margin at B. General information. mit a copy of the Articles of Incorporation, the top and a 1%-inch margin on each side. 1. Name the State, Commonwealth, ter­with all amendments thereto; and a list of They shall be in black ink in standard elite or ritory, or possession of the United States or the officers and directors of the corporation. pica type. They may be printed, lithographed, the country in which the subdivision is If the developer is a trust, submit copies mimeographed, or typewritten; but the stand- located. of the instruments creating the trust.

FEDERAL REGISTER, VOL. 36, NO. 212—-WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21051

If the developer is a partnership, unin­ ious smoke, chemical fumes, stagnant ponds is - or will be located any common areas or corporated association, Joint-stock company, or marshes, slaughter houses, sewage treat­ facilities which will be advertised as being or any other form of organization, submit ment facilities, and the like.) Any such con­ available for the benefit or use of purchasers copies of articles of partnership or associa­ ditions should be accurately described and of lots. (Where the legal description does not tion and all other documents relating to its fully explained identifying their origin and specifically describe as individual parcels organization. location and stating whether they are pro­ each of the lots included in this offering, an If the holder of any ownership interest in posed or existing—if existing, whether tem­ affirmative statement, to the effect that each the land being offered is a person or entity porary (estimate duration) or permanent. of the lots included in the offering is en­ other than the developer, submit copies of 2. Do you know of any unusual safetycompassed by the description, is required.) the above documents for such holder. (For factors or any proposed plans, private or 2. The name of the person(s) or other purposes of this subpart C, it is not neces­ governmental, for construction of any fa­ legal entity (ies) holding fee title to the sary to include the sales agent if the sales cility which may create a nuisance or ad­ property described. agent is a legal entity other than a holder versely affect the use of the land? (Examples 3. The name of any person(s) or other of an ownership interest in the land.) of unusual safety factors which might af­ legal entity (ies) holding a leasehold estate fect the subdivision would include a physi­ or other interest of record in the property PART m . IDENTITY OP INTEREST IN MORE THAN cal hazard such as dilapidated or abandoned described. O N E F IL IN G properties, unsafe construction, air or vehic­ 4. A listing of any and all exceptions or A. Are any of the holders of an ownership ular traffic hazards, danger from fire, or ex­ objections to the title, estate or interest of interest in the land or the developer, or any plosion, radiation hazards and the like.) the person (s) or legal entity (ies), referred principals in the holder or developer, directly Any such conditions should be accurately to in 2 or 3 above, including any encum­ or indirectly involved in any other subdivi­ described and fully explained identifying brances, easements, covenants, conditions, sion or development which has been filed their origin and location and stating reservations, limitations, restrictions of with the Office of Interstate Land Sales whether they are proposed or existing—if record. (Any reference to exceptions or ob­ Registration? If so, identify by subdivision existing, whether temporary (estimate dura­ jections to title shall include specific refer­ name, location, OILSR number or numbers, tion) or permanent. ences to the instruments in the public and date of filing. If not applicable, state E. Subdivision map. records upon which the exception is based.) "None.” 1. State whether a subdivision map has When an objection or exception to title af­ B. Has a suspension order been issued with been filed with and accepted for recording fects less than all of the property included respect to any Statement of Record identified by local authorities. If so, give recording in this offering, the title evidence should in subpart A? If so, give reasons. (Do not data. specifically note which lots are affected. include the suspension of a Statement of 2. Has each lot in the subdivision been 5. Copies of all instruments in the public Record prior to its effective date or the sus­ surveyed? records specifically referred to in 4 above. pension of an amendment prior to its effec­ 3. Has each individual lot been staked or (Abstracts of such instruments are accept­ tive date.) marked so that the buyer can identify the able if prepared by an attorney or professional boundary lines of his lot? If not, state esti­ or official abstracter qualified and authorized PART IV. LEGAL DESCRIPTION, TOPOGRAPHY, mated cost to purchaser or lessee to obtain by law to prepare and certify to abstracts CLIMATE, SUBDIVISION MAP a survey and to have boundary lines staked and if the abstracts contain the material A. Legal description. Include an adequate or marked. portion of the recorded instruments to deter­ legal description acceptable in the political 4. Will all streets shown on the tract map, mine the nature and effect of such subdivision for conveyancing of the land in­ if any, be public streets? instruments.) cluded in this offering; and if additional of­ 5. Has legal access been provided to each Where the title evidence is dated earlier ferings have been made or will be made pur­ of the individual lots within the subdivision? than 20 days prior to the date of filing, the suant to a common promotional plan, include 6. State minimum width of legal access requirement for a statement of the condition a legal description of the total area offered to the lots. of title may be met by submitting that evi­ or to be offered pursuant to the common F. Supporting documentation. dence together with an attorney’s opinion promotional plan. 1. Copy of an accurate map prepared to of title covering the period from the date of B. Topography and physical characteristics. scale showing the dimensions of the lots and the title evidence to a date no earlier than 1. Describe the general topography and their relation to existing streets and roads. 20 business days preceding the date of the physical characteristics of the subdivision; (To comply with this requirement, supply filing. The attorney’s opinion shall be pre­ for example, level, hilly, rocky, etc.; soil con­ a map or maps which have been submitted pared and signed by an attorney at law ex­ ditions, for example, loose sand, alkaline, etc. to local authorities, if available.) If the land perienced in the examination of titles and 2. State whether any of the lots, or por­ has not been divided, include a map show­ a member of the Bar in the State in which tions thereof, in the offering are in danger ing the proposed division, lot dimension and thé property is located. of flooding or are covered by water at any their relationship to existing streets and B. Describe and furnish copies of any in­ time of the year and whether the property roads. strument, not of public record, known to the is located within a 100-year flood plain. 2. Copy of the current Geological Survey developer, which if recorded would affect the 3. Is the property subject to a flood control Topographic Map or Maps of the largest condition of title. (Copies of instruments easement? scale available from the U.S. Geological Sur­ to individual lot owners or lessees who have 4. What percentage of the land in the sub­ vey, Washington, D.C., with an outline of purchased or leased lots from the developer division will require corrective work, other the subdivision area clearly indicated need not be described or furnished.) than fill, before construction of a one-story thereon. C. State the consequences for an individ­ residential structure? If any, describe type of ual purchaser of a failure, by the person or work and plans for correction; and state the PART V. CONDITION OP TITLE, ENCUMBRANCES, persons bound, to fulfill obligations under estimated cost to buyer or lessee. DEED RESTRICTIONS AND COVENANTS any instrument or instruments, referred to 5. Will any unusual construction tech­ A. State condition of the title to the landunder A or B above, which create a blanket niques be necessary to build on any part of comprising the subdivision, including all encumbrance upon the property, or any land? if so, describe. encumbrances, easements, covenants, con­ portion thereof, described under A, above. 6. What percentage of the land will require ditions, reservations, limitations or restric­ D. Describe and furnish copy (ies) of any nil before construction? If any, describe plans tions applicable thereto. This requirement trust deed(s), deed(s) in trust, escrow for fill, including composition, and estimated may be met only by submission of title evi­ agreement(s) or other instrument(s) which cost to lot buyer or lessee* dence in the form of (1 ) an original or copy purport to protect the purchaser in the 7. State elevation of the highest and lowest of a fee or owners policy of title insurance, event of default by the person or persons lots in the subdivision. a guaranty or guarantee of title, or a certif­ bound to fulfill obligations under any in­ C. Climate and temperature. icate of title, or an interim title binder or strument or instruments, referred to under Describe general weather conditions of commitment for title insurance, or similar A or B, above, which create a blanket en­ the area and state whether the area is sub­ instrument issued by a title company, duly cumbrance upon the property or any portion ject to sandstorms, windstorms, or any other authorized by law to issue such instruments thereof, described under A, above. unusual weather phenomena. in the State in which the subdivision is 2. State temperature ranges for summer located; or (2) a legal opinion, stating the PART VI. GENERAL TERMS AND CONDITIONS OP and winter, including high, low, and mean. condition of title, prepared and signed by OFFER, PROPOSED RANGE OP SELLING PRICES D. Environmental factors. an attorney at law experienced in the exam­ OR REN TS 1. Is the land affected by any unusual orination of titles and a member of the Bar A. Summarize the terms and conditions of unpleasant noises, odors, pollutants, or other in the State in which the property is located. the offer and of the contract of sale or lease. nuisances? (Examples of unusual noises The title evidence shall be dated as of a The summary must include, but shall not be which might affect the subdivision include date no earlier than 20 business days preced­ limited to: Proposed or existing industrial activity, air­ ing the date of this filing and shall include: 1. A statement of the terms of release of ports or other transportation facilities, am­ 1. A legal description of all of the propertylots from the blanket encumbrance, if the ir81 pens, entertainment centers or the like, included in this offering together with a legal subdivision, or any portion thereof, is sub­ “ samples of unpleasant odors include nox­ description of the property upon which there ject to a blanket encumbrance. If there is

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21052 PROPOSED RULE MAKING no provision for release, describe any legal ule for completion. State who will bear the 3. Have the electrical facilities been ex­ steps taken to protect the purchaser or lessee cost of the improvements; and if any of the tended to the individual lots? in the event the obligor on the blanket en­ cost is to be borne by the purchaser, state 4. If the electrical facilities have not been cumbrance defaults. the estimated cost to the purchaser. extended to the individual lots, what is the 2. A statement of the disposition which 3. State whether the roads within the sub­estimated schedule for installation and what will be made of earnest money or good faith division have been dedicated to and accepted estimated costs, if any, will be borne by the deposits and downpayments or other pay­ by a public authority responsible for main­ purchaser? ments received from buyers or lessees includ­ tenance. If not dedicated and accepted, state 5. State the assurance of completion if the ing any steps taken to protect the buyer or who will be responsible for maintenance. If electrical facilities are to be installed by the lessee in the event the seller or lessor does the lot owner will be responsible for main­ developer. not perform his obligations under the tenance, state the estimated cost to the pur­ 6. Supporting documentation. contract. chaser. a. Copy of a letter from the electric com­ 3. A statement of the disposition which C. Supporting documentation. pany stating that it will supply the will be made of earnest money or good faith 1. If the developer is to complete accesselectricity. deposits and downpayments and other pay­ routes, submit copies of contracts and copy b. If electricity is provided by a supplier ments received from buyers or lessees who of any bonds or escrow agreements to guar­ not regulated by a public body, state the default under the terms of the contract. antee completion thereof. If the access routes rate schedule. B. State the range of selling prices or rents are to be completed by the local government, c. Copy of the contract for construction of for lots in the subdivision. a copy of a letter from the local authorities electrical facilities, if any, and any bond or C. Supporting documentation. setting forth the plan for the completion of escrow arrangements to assure completion of 1. A copy of all forms of contracts or access routes and maintenance thereof. the facilities. agreements to be used in selling or leasing 3. Copy of letter from local authority C. Gas. lots. (The contracts or agreements must con­ setting forth the plan for maintenance of 1. State the availability of gas including tain language (a) giving the purchaser the the road system with the subdivision. the name and address of the supplier. 2. Is the supplier a public or private utility option to void the contract or agreement if PART VIII. UTILITIES he does not receive a Property Report pre­ company? State whether the supplier is reg­ pared pursuant to the rules and regulations A. Water. ulated by a public body. If not, is there any of the TJ.S. Department of Housing and 1. State the availability of the water other meand of assurance of continuous serv­ Urban Development, in advance of, or at the supply and whether the supply will be ade­ ice at reasonable rates? time of, his signing the contract or agree­ quate to serve the anticipated population 3. Have gaslines been extended to the in­ ment; and (b) giving the purchaser the right of the area. dividual lots? to revoke the contract or agreement within 2. Is the water supplied or to be supplied 4. If the gas facilities have not been ex­ 48 hours after signing the contract or agree­ by a public or private utility company? tended to the individual lots, what is the ment if he did not receive the Property Re­ If so, state the name and address and estimated schedule for installation and what port at least 48 hours before signing the con­ whether the company is regulated by a estimated costs will be borne by the tract or agreement. [The contract or public body. If not, is there any other means purchaser? agreement may stipulate that the revocation of assurance of continuous service at rea­ 5. State the assurance of completion if the authority shall not apply. in the case of a sonable rates? gas facilities are to be installed by the purchaser who (i) has received the Property 3. State whether the waterlines will be developer. . Supporting documentation. Report and inspected the lot to be purchased extended to the individual lots. If they are 6 or leased in advance of signing the contract to be extended, state the estimated sched­ a. Letter from the gas supplier stating that ule for the extension and the assurance it will provide the service. or agreement, and (ii) acknowledges by his b. If gas is provided by a supplier not signature that he has made such inspection of completion. and has read and understood such report.]) 4. State estimated cost of installation or regulated by a public body, state rate sched­ 2. A copy of the agreement, if not included construction to be borne by the purchaser, ule for the service. if any. c. Copy of the contract for construction of in the sales contract, in which seller agrees the gas facilities, if any, and any bond or with buyer to release lots from any blanket 5. Is the water supply to be obtained from private well? If so, indicate (1) probable escrow arrangements to assure completion of encumbrance. the facilities. 3. Copies of deeds and leases by which the depth and (2) results of test borings or other data establishing that a sufficient D. Telephone. developer will lease or convey title to the lots 1. State the availability of telephone serv­ to purchasers or lessees. quantity of potable water is available to each buyer or lessee and (3) estimated total ice including the name and address of the PART VII. ACCESS, NEARBY COMMUNITIES, ROAD completion cost to buyer or lessee. supplier. SYSTEM WITHIN THE SUBDIVISION 6. If water is provided by a supplier not 2. Is the supplier a public or private utility company? State whether the supplier is reg­ A. Access—nearby communities. regulated by a public body, state the rate schedule. ulated by a public body. If not, is there any 1. Describe present condition of access other means of assurance of continuous routes to the subdivision, including type and 7. If privately supplied water or individ­ ual wells are to be the source of water for service at reasonable rates? width of road surface and number of lanes. 3. Have the telephone facilities been ex­ 2. Are any improvements proposed to ac­ human use, has the cognizant State or county health authority issued a report on tended to the individual lots? cess routes? If so, state who will bear the 4. If the telephone facilities have not been cost of the improvements and the estimated the quality of the water? 8. Supporting documentation. extended to the individual lots, what is the completion date. If the improvements are to estimated schedule for installation and what be made by a local governmental authority, a. Copy of a letter from water company state the name of the authority, and the stating that it will supply the water. . cost will be borne by the purchaser? b. Copy of the contract for construction, 5. State the assurance of completion of the source of funds to complete the improve­ telephone facilties if those facilities are to be ments. If lot owners will be subject to a if any, and the bond or escrow agreement to special assessment or similar charge for such assure completion of the facility, if any. installed by the developer. 6. Supporting documentation. improvements which shall be a lien on the c. If available, copy of engineer’s report lots in the subdivision, so state. a. Copy of a letter from the telephone com­ or geological report or any other data indi­ pany stating that the company will supply 3. List nearest large cities and the county cating the source and quantity of water. the service. seat, and the population of each. List the If it is stated that there will be an adequate total distance to the center of the subdivision b. If telephone service is provided by a supply of available water to serve the antici­ supplier not regulated by a public body, from each and the portion of that distance pated population of the area, submit a state the rate schedule. which is paved and unpaved. If the geo­ copy of an engineer’s report or hydrological c. Copy of the contract for the construc­ graphical center of the subdivision is located survey supporting such statement. tion of the telephone services, if any, and more than 50 miles from a large city or the d. Copy of letter or report from cognizant any bond or escrow arrangements to assure county seat, list also the nearest established health officer which includes an analysis of community or communities. completion of the facilities. the chemical quality and bacteriological E. Sewage disposal. B. Road system within the subdivision. purity of water. 1. Describe the present condition of the 1. State whether sewers are available and, road system within the subdivision, includ­ B. Electricity. if so, the name and address of the entity re­ ing the type and width of road surface, num­ 1. State whether electricity is available sponsible for installation and maintenance. ber df lanes and approximate dedicated width and, if so, the name and address of the 2. Is the entity a public or private utility of roads. State whether all of the lots in the supplier from which it may be obtained. company? State whether entity is regulated subdivision can be reached by conventional 2. Is the supplier a public or private by a public body. If not, is there any other automobile. utility company? State whether the süpplier means of assurance of continuous service at 2. State any proposed improvements to the is regulated by a public body. If not, is reasonable rates? road system, wfthin the subdivision, the per­ there any other means of assurance of con­ 3. Have the sewage facilities been extended centage completed, and the estimated sched- tinuous service at reasonable rates. to the individual lots?

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21053

4. If the sewage facilities have not been is expected to be formed and the conditions d. State the distance in terms of road extended to the individual lots, what is the under which the association will take title miles from the geographical center of the estimated schedule for their installation and to the facility. subdivision to the nearest general hospital. what estimated costs will be borne by the 5. Supporting documentation. Include e. State the availability of ambulance purchaser, including construction, installa­ copy of the contract for construction of the service and specify whether this service is tion, and connection costs? facilities, if any, and describe any bond or furnished by the hospital (s) or by a volun­ 5. State the assurance of completion if the escrow arrangements to assure completion teer organization. sewage facilities are to be installed by the of the facilities. 2. Physicians and dentists. developer. B. (Name of facility.) a. State the distance in terms of road miles 6. If public sewers are not now installed from the geographical center of the sub­ and are not to be installed, state the alter­ PART X. MUNICIPAL SERVICES division to physicians’ and dentists’ offices. nate sewage disposal method to be used, such A. Fire protection. b. State whether or not public transporta­ as septic tanks or cesspools. 1. State the availability of fire protection tion is available from the subdivision to the 7. If a public sewer is not or will not be and list the name and address of the par­ general physicians’ and dentists’ offices, installed, state the estimated cost of install­ ticular force exercising jurisdiction over the F. Public transportation. ing the alternate method of sewage disposal. subdivision. 1. State whether public transportation is 8. Will the local health authorities ap­ 2. State whether the service is provided available from the subdivision to nearby mu­ prove the use of an alternate method of by the municipality or by a volunteer orga­ nicipalities including the frequency, type and sewage disposal? Has such approval been nization. estimated cost of service. obtained? 3. State the distance in terms of road miles 2. If no such transportation is available, 9. If use of septic tanks is contemplated, from the geographical center of the subdivi­ state whether it will be available and give state whether the land is suitable for the use sion to the nearest fire station or substation. estimated date of availability. of septic tanks; include in your statement B. Police protection. 3. Include in your statement the pro­ the results of any percolation tests. State the availability of police protection posed frequency of service and estimated 10. Supporting documentation. and list the name and address of the par­ cost. a. Copy of the contract for construction of ticular force exercising jurisdiction over the 4. If public transportation is not pres­ the sewage disposed facilities, if any, and any subdivision. ently available from the subdivision, state bond or escrow arrangements to assure the C. Garbage and trash collection. the distance in road miles to nearest public completion of the facilities. 1. State the availability of garbage and transportation. b. Copy of a letter from local health au­ trash collection service and the name and thorities stating the methods of sewage dis-. address of the company which presently fur­ FART X I. TAXES AND ASSESSM EN TS-----C O M M O N posal which will or will not be permitted. nishes the service. If garbage and trash col­ FACILITIES P. Drainage and flood control. lection service is not presently available, A. Will the buyer or lessee be required to 1. State whether there has been or will state whether such service is proposed; and pay any property taxes or special assess­ be any drainage required to render any of if it is, give the date on which it will become ments to any municipal, governmental or the lots suitable for construction purposes. effective. public body after signing the contract of If so, list the lots, and state estimated cost 2. State whether the cost of the service purchase or to lease and prior to delivery to purchaser. is to be paid directly by the lot owner or of an executed deed or lease? Will the buyer 2. Have artificial drains, storm sewers, or whether the service is to be provided by a or lessee be required to pay any assessments, flood control channels been installed? municipal agency. dues or other payments to a property owners’ 3. If these facilities have not been in­ 3. If the cost of the service is to be paid association, the developer or any other orga­ stalled, what is the estimated schedule for directly by the lot owners, state the esti­ nization or entity for the maintenance of completion, if any, and what estimated mated monthly cost per lot. common facilities or other purposes after costs or other assessments will the purchaser D. Public schools. signing the contract to purchase or lease be expected to pay? 1. Elementary school. and prior to delivery of an executed deed or 4. If the developer is to install these fa­ a. State name and address of the nearest lease? If the answer to either of the fore­ cilities, state the assurance of completion. elementary school available to residents of going questions is affirmative, itemize the 5. Supporting documentation. the subdivision. amounts, or rates to be paid and to whom a. Copy of the contract for the construc­ b. State the distance to the school in they must be paid. tion of the artificial drains, storm sewers, or terms of road miles from the geographical B. Will the buyer or lessee be required to flood control channels, if any, and any bonds center of the subdivision. pay any property taxes or special assessments or escrow agreements to assure completion of c. State whether school bus transportation to any municipal, governmental or public thefacillties. will be provided. body after taking title? Will the buyer or b. If drainage is provided or to be provided d. State whether public transportation is lessee be required to pay any assessments, hy a public or private company, submit a available to the school. dues or other payments to a property owners’ letter from the company stating that it will 2. Junior high school. association, the developer or any other orga­ provide the service. a. State name and address of the nearest G. Television. nization or entity for the maintenance of junior high school available to residents of common facilities or other purposes after 1. Is television reception available to the the subdivision. taking title? If the answer to either of the lots within the subdivision without recep­ tion cost? b. State the distance to the school in foregoing questions is affirmative, itemize the terms of road miles from the geographical amounts or rates to be paid and to whom 2. If not, state estimated cost to user. center of the subdivision. they must be paid. PART IX. RECREATIONAL AND COMMON FACILITIES c. State whether school bus transporta­ C. If a property owners’ association, the tion will be provided. developer, or any other organization or en­ List any common or recreational facilities d. State whether public transportation is tity, exercises or will exercise any control over tniich have been or are to be installed for available to the school. or provides or will provide any services or the beneficial use and enjoyment of thè own- 3. High school. maintenance on any lots or common facili­ ®rsof lots in the subdivision which have not A. State name and address of the nearest ties or areas in or adjacent to the develop­ discussed in the previous parts of the ment, include: Statement of Record. Identify each facility high school available to residents of the sub­ and answer the following questions for each : division. 1. A statement that the association, orga­ A. (Name of facility.) b. State the distance to the school in nization or other entity has been formed or 1. If the facility has not been Installed,terms of road miles from the geographical setting forth the steps to be taken to form 2™t Is the percentage of completion, the center of the subdivision. such association or organization or other estimated schedule for completion and what c. State whether school bus transporta­ entity. estimated costs will the purchaser have to tion will be provided. 2. A statement setting forth the require­ pay? d. State whether public transportation is ments for membership in the association, ,, 2‘ What provisions have been made for available to the school. organization or other entity and stating tne maintenance and operation of the facil- E. Medical and dental facilities. whether all lot owners will be members of ty and what is the estimate of the assess­ the association, organization or other entity ments or other recurring charges to be paid 1. Hospital facilities. and if not whether nonmember lot owners °y the purchaser? a. State the availability of hospital fa­ will be liable for assessments levied by that 3. Include a statement of the assurance of cilities and the name and address of the par­ association, organization or other entity. Depletion of the facility if the developer is ticular hospitals available to residents of 3. Financial statements or pro forma responsible for construction. the subdivision. financial statements of any property owners' aim'n1* a property owners’ association, or b. State whether the hospital is publicly association, Including a Statement of Sources “ -tauar organization, owns or will own the or privately owned and whether the services and Application of Funds for the 12-month *™uty, so state. If the association has not are general or specialized. period ending not earlier than the 60th day De€n formed as a legal entity, state when it c. State the bed capacity of the hospital. prior to the date of the submission of the

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21054 PROPOSED RULE MAKING

Statement of Record and a pro forma State­ The developer should then answer the est to after-recorded liens on the property.) ment of Sources and Application of Funds questions directly and completely in ac­ A statement may be included by the devel­ for the period of time that the developer will cordance with the instructions and for­ oper describing his past performance in con­ control the association. If moneys paid by veying free and clear titles to buyers upon buyers or lessees as assessments, dues or mat « s follows: their payment of the full purchase price. other payments for the purpose of providing I nstructions fo r C o m p l e t in g P r o pe r ty Paragraph 5. Whether the offering in. any services or maintenance on any lots or R epo rt a n d L ease A d d e n d u m eludes only cash sales, or installment con­ common facilities or areas are received by tracts and leases, explain fully how the These instructions must be followed in buyer or lessee is to be protected against loss the developer or any other organization or completing the Property Report and lease entity other than a property owners’ associa­ of his investment. If a blanket mortgage or addendum. All spaces must be completed. other lien is foreclosed against the de­ tion, a Statement of Sources and Application This format may not be changed in any re­ veloper, will the holder of such mortgage of Funds and a pro forma Statement of spect, except as follows: Sources and Application of Funds covering a. All references to leases, lessees, and rents or other lien be obligated to perform the funds received for such purposes shall be should be deleted if no leasing is proposed and agreement with the purchaser or lessee? submitted. A financial statement or pro the offering is exclusively for sales. In this If not, are the buyer’s or lessee’s payments forma financial statement of the developer event, the lease addendum may be disre­ and investments in improving the property or other organization or entity shall also be garded. protected through an escrow or by other submitted. In no event shall a pro forma b. Spaces provided in the format may be means? The buyer or lessee must be told Statement of Sources and Application of enlarged or extended for the purpose of pro­ of the possible consequences in the explana­ funds be required to extend beyond 5 years viding a summary explanation of the sub­ tion of the answer to this question.. from the date of submission of the State­ ject under discussion but may not be used Paragraph 7. Buyers and lessees must he ment of Record. If the developer has no to insert promotional or advertising matter told when their obligation to pay taxes, control over the property owners’ associa­ designed to counteract facts adverse to the special assessments and similar charges be­ tion or other organization or entity and can­ interests of the buyer or lessee. gins. They should also be made aware of the not obtain this information, so state. c. Questions on the Property Report must approximate amount of buyer’s or lessee’s 4. A statement as to who may use the be answered In concise, plain language but annual payments, but the items for indi­ facilities. should disclose all pertinent facts. cating the amount of taxes and special 5. A statement of the degree and duration d. The Property Report shall contain in­ assessments may be answered by the state­ of control of the developer in the associa­ formation in addition to that elicited by the ment “Consult local taxing authorities.” tion, organization, or other entity. questions appearing therein if at any time Paragraph 8(b). Include all limitations 6. If the association, organization, or other it appears to the Secretary that the inclusion upon the buyer’s use or enjoyment of the entity has .been formed as a legal entity, of additional information is necessary or property, including mineral rights reserva­ attach as exhibits copies of articles of asso­ appropriate in the public interest, and the tions. ciation and bylaws or similar documents and Secretary so advises the developer. Paragraph 8(d). In answering this ques­ a statement from the appropriate State au­ tion the following guidelines shall be fol­ thority confirming that the charter is in SPECIAL INSTRUCTIONS lowed: Examples of unusual noises which effect. If not formed, attach proposed articles The instructions below correspond to the might affect the subdivision would include of association and bylaws or similar docu­ numbered paragraphs in the Property Report: proposed or existing industrial activity, air­ ments, if available. Paragraph 2a. The effective date of registra­ ports or other transportation facilities, ani­ 7. Copy of membership agreement or tion is the date the Statement of Record be­ mal pens, entertainment centers and the similar documents. comes effective under § 1710.21. This date will like. Unusual safety factors which might be left blank in the proposed Property Re­ affect the subdivision would include any PART XII. OCCUPANCY STATUS port. When the developer receives notification proposed or existing condition in the area A. State the approximate number of dwell­ of effectiveness from OILSR this date shall which might create: (1 ) a physical hazard ings in the subdivision at the time of filing. be Inserted. The final printed copies of the such as dilapidated abandoned properties, B. State the number of dwellings which Property Report submitted in accordance unsafe construction, danger of flooding or are proposed and the estimated completion with this section must state that date. If the located within a 100-year flood plain, air date of those dwellings. Statement of Record has been amended or or vehicular traffc hazards, danger from C. State the approximate number of dwell­ consolidated, the date the most recent fire or explosion, radiation hazards, and the ings presently occupied, if any. amendment to the Statement of Record or like; or (2) a noxious odor such as smoke, consolidation became effective should be used. chemical fumes, stagnant ponds or marshes, PART XTTI. SH O P PIN G FACILITIES Paragraph 2b. The legal description of the slaughterhouses, sewage treatment facil­ A. State what shopping facilities are avail­ land offered for sale shall describe the lots ities, and the. like. Any such conditions able to the subdivision. Include available adequately to permit identification from should be fully explained identifying their types of stores and consumer services and the the plat maps of the developer and from origin and location and stating whether distance in terms of road miles from the geo­ the public records of the county where they are proposed or existing—if existing, graphical center of the subdivision to the located. If all of the lots in a particular whether temporary (include estimated dura­ facilities. section are not being offered for sale, the tion) or permanent. legal description shall be sufficiently detailed Paragraph 10. Describe arrangements B. State whether public transportation is made (contracts supported by completion available to the facility, the frequency of the to permit the purchaser to determine bonds or escrows, for example) designed to service and the estimated cost. whether his lot is included in the offering. The developer shall also state the total assure completion of the improvements. If PART XIV. FINANCIAL STATEMENT number of lots being offered in each section. no arrangements have been made, state Paragraph 3. List the nearest large city "None.” If it later becomes evident that an A. Submit a copy of the latest financial improvement will not be completed on or statement of the developer. Such financial or county seat and the population of each. before the specified date, amendments to the statement shall not be more than 6 months List the total distance to the center of the subdivision from each and the portion of Statement of Record and Property Report old and shall include a balance sheet and a are required. If no sewage disposal arrange­ statement of profit and* loss. that distance which is paved and unpaved. If the subdivision is located more than 50 ments are contemplated, state if land is suit­ B. State the means by which the developer able for the use of septic tanks, describing will finance the obligations undertaken or miles from either, list also the nearest established community or communities. the results of any percolation tests. State proposed and as set forth in this Statement estimated cost to buyer for septic tank. If of Record. A statement of past performance in Paragraph 4. If the buyer or lessee is ex­ posed to the risk of losing his investment water is to be provided by private well, in­ completing obligations undertaken by the dicate (1 ) estimated completion cost and developer may be included. in the event of the developer’s failure or bankruptcy, this fact must be made un­ (2) any other data establishing that a suffi­ PART XV. AFFIRMATION ' mistakably clear in this paragraph. Explana­ cient quantity of potable water is available tions should include any measures designed to each buyer or lessee. If water is to be § 1710.110 Property Report and lease to protect the buyer’s interests, and they provided by a private utility, describe as­ addendum. must disclose any circumstances under surances for continuous service at reason­ The Property Report and, if applicable, which the buyer would lose his investment able rates. either because of his own default or the Paragraph 11. If the developer states that the lease addendum to be filed with the the water supply will be adequate to serve Office of Interstate Land Sales Registra­ developer’s inability to perform under the sales contract. If there is any prohibition or the anticipated population of the area such tion, Department of Housing and Urban penalty against the buyer recording the sales statement must be supported by an engi­ Development, as a part of the Statement contract or lease; so state. Describe also any neer’s report or hydrological survey which of Record, and as provided in § 1710.20, potential adverse effect on the buyer’s inter­ is to be submitted as Exhibit VIII A-8c oi shall be prepared in question and answer ests which may arise from not having his the Statement of Record. If such documen­ form. The Property Report shall state contract recorded. (“Potential adverse effect” tation is unavailable, the answer to this verbatim the questions in this section. includes subordination of the buyer’s inter­ question should state that the developer

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21055 has not obtained an engineer’s report or a adequacy of this report or any promotional Approximate hydrological survey indicating the source or advertising materials used by the seller. amount of and quantity of water in the subdivision and It is in the interest of the buyer or lessee buyer’s or accordingly, there is no assurance that a suf­ to inspect the property and carefully read lessee’s ficient quantity of water will be available all sale or lease documents. annual to serve the anticipated population of the Prospective buyers and lessees are notified payments area. that unless they have received this Property T a x es______$______P a r a g r a p h 14. The number of homes oc­ Report prior to, or at the same time they Special assessments______c u p ie d can be amended to reflect periodic enter into a contract, they may void the Payments to property owner’s in cre a s e s subsequent to the initial filing contract by notice to the seller. association______date. Unless a buyer or lessee acknowledges in O th er______'______Paragraph 15. Include statement as to writing th a t. he has read the report and Specify______nature of terrain (flat, rolling, hilly, moun­ personally inspected the lot prior to signing tainous, etc.), type of soil (sandy, swampy, his contract, he may revoke his contract 8. (a) Will buyer’s downpayment and in­ rocky, etc.) and vegetation (cactus, trees, within 48 hours from the signing of his con­ stallment payments be placed in escrow or grass, etc.). tract, if he has received the Property Report otherwise set aside? .Yes or No? If yes, with less than 48 hours prior to signing such whom? If not, will title be held in trust or Ad d it io n a l R equirements f o r P r o p e r t y contract. in escrow? R e p o r t 1. Name(s) of developer______(b) Except for those property reservations a. The Property Report, as filed with the Addref ______which land developers commonly convey or Statement of Record and in final form to be 2. Name of subdivision______dedicate to local bodies or public utilities for given to prospective purchasers, shall be on Location______County, State the purpose of bringing public services to the good quality unglazed, white paper, approxi­ o f ______-.______land being developed, will buyer receive a mately 8 y2 by 11 to 13 inches in size with a. Effective date of Property Report_ deed free of exceptions? Yes or No? If no, margins in final form to be approximately list all restrictions, easements, covenants, 1 inch at the top, 1 inch at the sides, and b. This offering consists of______reservations and their effect upon buyer. one-half inch at the bottom. It shall be in 3. List names and populations of surround­ (c) Buyer should determine permissible black ink: and the type size shall not be ing communities nd list distances over paved uses of the property from local zoning smaller than 10 point leaded type of uni­ and unpaved roads to the subdivision. authorities. form font and in an easily readable style. (d) List all existing or proposed unusual conditions relating to noise or safety which b. The questions shall be printed in bold Dis­ face type and. the answers indented below Name of Popula­ tance Unpaved Total affect or may affect the subdivision. and printed in light face type of the same community tion over roads. 9. (a) List all recreational facilities cur­ paved rently available (e.g., television, sports, size. No other portion of the Property Report roads shall be underscored, italicized or printed "beaches, etc.). State any costs dr assessments in larger or bolder type than the balance of to buyer or lessee. the report, except where the Secretary re­ a ...... (b) If facilities are proposed or partly b...... completed, state promised completion date, quires or permits it as being necessary or c...... appropriate in the public interest or for the d...... provisions to insure completion, and all esti­ protection of purchasers. e...... mated cost or assessments to buyer or lessee. c. The Secretary may require or permit 10. State whether the following are now such additional information to be included 4. If periodic payments are to be made by available in the subdivision: Garbage and in a Property Report or such change in the a buyer (as in the case of installment sales trash collection, sewage disposal, paved sequence or position of information required contracts) complete all items under this streets, electricity, gas, water, telephone. If by this section as he may consider necessary paragraph 4. If not, enter “Not Applicable.’' yes, state any estimated costs to buyer or or appropriate in the public interest or for a. Will the sales contract be recordable? lessee. If proposed or partly completed, state the protection of purchasers. Yes or No? promised completion date, provisions to in­ d. The developer shall attach to and file b. In the absence of recording, could the sure completion and give estimate of all costs developer’s creditors or others acquire title including maintenance costs to buyer or with the Property Report submitted as part lessee. of the Statement of Record a statement in to the property free of any obligation to de­ the following form: liver a deed to the buyer when final payment 11. Will the water supply be adequate to has been made under the sales contract? serve the anticipated population of the area? “The proposed Property Report attached 12. Is any drainage of surface water, or use hereto contains the text in Its entirety as it Yes or No?______Explain.______.____ _ c. What provision, if any, has been made of fill necessary to make lots suitable for is intended to be reproduced for delivery construction of a one-story residential struc­ to prospective purchasers of lots in the (in­ for refunds if buyer defaults? ture? Yes or No? If yes, state whether any sert identification of subdivision).” d. State prepayment penalties or priv­ ileges, If any. provision has been made for drainage or fill e. Within 20 days of the date upon which and give estimate of any costs buyer would the Statement of Record is allowed to be­ 5. Is there a blanket mortgage or other incur. lien on the subdivision or portion thereof in come effective by the Secretary, 10 copies of 13. State whether any of the following the Property Report, in the identical form which the subject property is located? Yes or are currently available in the subdivision: in which it will be distributed to prospec­ No? If yes, list below and describe arrange­ Schools; medical facilities (hospitals, doctors, tive purchasers, shall be filed with the Sec­ ments, if any, for protecting interests of the dentists); shopping facilities. List availabil­ retary. Ten copies of any subsequent repro­ buyer or lessee if the developer defaults in ity of public transportation to, and distance duction, alteration, duplication or reprint payment of the lien obligation. If there is of facility from geographical center of sub­ of the Property Report shall be filed with such a blanket, lien, describe arrangements division. If facility is proposed or partly com­ and accepted by the Secretary prior to its for release to a'buyer of individual lots when pleted, state promised completion date and use if such subsequent reproduction, dupli­ the full purchase price is paid. any provisions to insure completion. cation or reprint contains any change in Effect on buyers if 14. Approximately how many homes were content or form. Type of lien developer defaults occupied as of ______t If the amendment to or the consolida­ a . _*______(insert date of filing) ? tion of the Statement of Record causes no 15. State elevation of the highest and low­ °hange in the Property Report except the b. ——______est lots in the subdivision and briefly de­ effective date of registration, the subsequent c . ______scribe topography and physical characterise effective date of registration may be shown tics of the property. hy overprinting on the front cover of the 6. Does the offering contemplate leases of 16. Will any subsurface improvement, or Property Report. the property in addition to, or as distin­ special foundation work be necessary to con­ guished from, sales? Yes or No? If yes, a struct . one story residential or commercial P r o p e r t y R e p o r t lease addendum must be completed, at­ structures on the land? Yes or No? If yes, tached, and made a part of the Property state if any provision has been made and n o t ic e a n d d i s c l a i m e r b y o f f i c e o f i n t e r ­ Report. s t a t e LAND SALES REGISTRATION, U.S. DEPART­ estimate any costs buyer would incur. MENT OF HOUSING AND URBAN DEVELOPMENT 7. Is buyer or lessee to pay taxes, special 17. Are all lots and common facilities assessments, or to make payments of any legally accessible by public road or street? Yes ^ y 113 report is not a recommendation or kind for the maintenance of common facili­ or No? If not, explain. dorsement of the offering herein by the ties in the subdivision (a) before taking title 18. Has land, in the subdivision been °* Interstate Land Sales Registration, or signing of lease or (b) after taking title or platted of record? Yes or No? If not, has it * bas that office made an inspection of the signing of lease? If yes, complete the sched­ been surveyed? Yes or No? If not, state esti­ P perty nor passed upon the accuracy or ule below: mated cost to buyer to obtain a survey.

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21056 PROPOSED RULE MAKING

19. Are lots staked or marked so that buyer Section L State Pilings—The following in­ ing, the consolidated material, as approved, can locate his lot(s) ? Tes or No? formation shall preface the State Statement shall be filed with the Secretary. The OILSB of Record or similar instrument and shall be number shall appear at the top of each L e a s e A d d e n d u m done in accordance with the general instruc­ page of the material submitted. Any such 1. State term of lease. tions set forth in § 1710.106 for Part L Ad­ filing shall be made with the Secretary 2. Will the lease be recordable? Yes or No? ministrative Information, and Part III, within 5 days after it becomes effective 3. Is there any prohibition or penalty Identity of Interest in More Than One Filing, under the applicable State laws and shall against the lessee for recording the lease? Yes and shall be set forth in the following meet the requirements of § 1710.27 of this or No? If yes, explain. format. part. 4. Can the owner’s or developer’s creditors Employer’s 1RS number______S e c . III. Affirmation. I hereby affirm that or others acquire title to the property free Developer:______I a m the developer of the lots herein des- o f any obligation to continue the lease? Yes Owner:______scribed or will be the developer at the time or No? Explain. lots are offered for sale or lease to the public, S t a t e m e n t o f R e c o r d 5. Describe whether rental payments are or that I am the agent authorized by such flat sums or graduated. Describe any provi­ Name of subdivision.:_,______developer to complete this statement (if sions for increase of rental payments during L oca tion :______!______agent, s u b m it written authorization to act the term of the lease. State of filing:______as agent); 6. Are there any provisions in lease pro­ Name of developer:______That the statements contained in this hibiting assignment and/or subletting? Yes Developer’s address:______Statement of Record and any supplement or No? If yes, describe. Authorized agent:_____ thereto, together with any documents sub­ 7. Summarize termination provisions in Authorized agent’s address: mitted herewith, are full, true, complete, the lease. and correct; A dministrative I n f o r m a t i o n 8. Does the lease prohibit the lessee from That I have complied with the land de­ mortgaging or otherwise encumbering the A. Identification and filing information: velopment and disclosure requirements of leasehold? Yes or No? 1______the State of ______i______9. Will lessee be permitted to remove im­ 2. ______(State of filing); provement when lease expires? 3______- ______That the material submitted is a true and § 1710.115 State Property Report dis­ B. General Information: accurate copy of the material filed with the claimer. 1. ______State o f ______i_:____ (State of 2______filing); If the developer is filing with the Office 3. ______That the material submitted is a true and of Interstate Land Sales Registration, 4. ______accurate copy of the material filed with the Department of Housing and Urban De­ 5______State o f ______; and velopment, pursuant to § 1710.25, the fol­ 6. Acres owned______That the fees accompanying this applica­ lowing statement must be delivered to Acres under option or other similar ar­ tion are in the amount required by the rules each purchaser simultaneously with the rangement______and regulations of the Office of Interstate delivery of the State Property Report: T o t a l______.______Land Sales Registration. C. Filings with State authorities: S t a t e P r o p e r t y R e p o r t D i s c l a i m e r 1. ______(Date) (Signature) NOTICE AND DISCLAIMER BY OFFICE OF INTER­ 2______STATE LAND SALES REGISTRATION, U.S. DEPART­ D. Supporting documentation: (Corporate seal (Title) MENT OF HOUSING AND URBAN DEVELOPMENT L ______if applicable) The Office of Interstate Land Sales Regis­ 2______, ______W a r n in g : Section 1418 of the H o u s in g and Urban Development Act of 1968 (82 tration, U.S. Department of Housing and I d e n t i t y o f I n t e r e s t i n M o r e T h a n O n e Stat. 598, 15 U.S.C. 1717) provides: "A n y Urban Development has accepted this F i l i n g (name of State) (name of Property Report person who willfully violates any of the p r o ­ i'e. Public Offering Statement, Subdivision Subdivision______.______visions of this title or of the r u l e s and Report, etc.) as the Property Report on this L ocation______regulations or any person who willfully, in subdivision. OILSR number______a Statement erf Record filed under, or In This report is not a recommendation or Date of filing______a Property Report issued pursuant to, this o f a endorsement of the offerings herein by the S e c . II. A. Submit all of the information, title, makes any untrue statement Office of Interstate Land Sales Registration, documentation, and certifications or affirma­ material fact or omits to state any m a te r ia l nor has that Office made an inspection of the tions submitted to the State. fact * * * shall upon conviction be f i n e d n ot property hot passed upon the accuracy or B. If the State does not require the in­ more than $5,000 or imprisoned not m ore adequacy of this report or of any promo­ formation and documentation required in than 5 years, or both.” tional or advertising materials used by the Part II, C. of § 1710.105, submit such in­ 51710.125 Partial Statement of Record— seller. Information contained herein has been formation and documentation. request for exemption. filed with the State of______and the C. The contract of sale or lease which will Requests for an exemption order or an Office of Interstate Land Sales Registration. be executed by prospective purchasers or exemption advisory opinion prjsuant to It is in the interest of the buyer to inspect lessees must contain language (a) giving the § 1710.14 or § 1710.15(c) shall be prepared in the lot and to read all contract documents purchaser the option to void the contract or accordance with the following instructions: before signing the contract to purchase or agreement if he does not receive a Property lease. Report prepared pursuant to the rules and I nstructions f o r Co m p l e t io n o f P artial Prospective buyers and lessees are notified regulations of ;the Office of Interstate Land St a t e m e n t o f R ecord—R e q u e st fob Ex* that unless they have received this Property Sales Registration, U.S. Department of Hous­ e m p t io n Report prior to, or at the same time they ing and Urban Development, in advance of, or at the time of, his signing the contract The partial Statement of Record shall be enter into a contract, they may void the con­ prepared in the manner shown below and tract by notice to the seller. or agreement, and (b) giving the purchaser the right to revoke the contract or agree­ shall contain the information requested,, as Unless a buyer or lessee acknowledges In ment within 48 hours after signing the con­ follows: writing that he has read the report and per­ tract or agreement if he did not receive the Employer’s 1RS No______— sonally inspected the lot prior to signing his Property Report at least 48 hours before contract, he may revoke his contract within Developer______signing the contract or agreeemnt. (The con­ O w ner_;______.______48 hours from signing his contract if he has tract or agreement may stipulate that the received the Property Report less than 48 revocation authority shall not apply in the S t a t e m e n t o f R ecord hours prior to signing such contract. case of a purchaser who (1 ) has received the Although a Statement of Record has been Property Report and inspected the lot to be Name of subdivision______- filed with the Office of Interstate Land Sales purchased or leased in advance of signing L ocation ______Registration, the filing has not been ex­ the contract or agreement, and (2) asknowl- Name of developer______'----- amined or verified. edges by his signature that he has made Developer’s address______such inspection and has read and under­ Authorized agent______§ 1710.120 Statement o f Record— State stood such report.) filing. Authorized agent’s address______D. Consolidation—Incorporation by Ref­ If the developer is filing pursuant to erence: If a filing is for an offering of lots Part 1. Administrative Information, shall 5 1710.25, there shall be filed with the to be sold pursuant to a common promo­ be filed in the form set forth in 5 1710.105 followed by the affirmation and agreement Office of Interstate Land Sales Registra­ tional plan and there has been an earlier filing with OILSR for lots offered under as set forth below: tion, Department of Housing and Urban the same promotional plan and if the State The filing of this information does not pre­ Development, a statement as follows: has approved a consolidation to such fil­ clude a developer from filing a complete

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21057

S t a t e m e n t of Record. If the developer files the Federal R egister for March 5, 1971 (1) That the substance is crude opium t h e material necessary to complete the State­ (36 F.R. 4388). or coca leaves in such quantity as he m e n t of Record, the date of filing shall be A public hearing on the provisions of finds necessary to provide for medical, t h e date the complete Statement of Record Is received by the Secretary. these proposed regulations will be held scientific, or other legitimate purposes; on Tuesday, November 30, 1971, at 10 (2) That the substance is necessary to A f f i r m a t i o n a n d A g r e e m e n t a.m., e.s.t., in Room 3313, Internal Rev­ provide for medical and scientific needs I hereby affirm that I am the developer of enue Service Building, 1111 Constitution or other legitimate needs of the United the lots herein described or will be the de­ Avenue NW., Washington, DC 20224. States during an emergency where do­ veloper at the time the lots are offered for Hie rules of § 601.601(a) (3) of the mestic supplies of such substance or drug sa le or lease to the public, or that I am the agent authorized by such developer to com­ Statement of Procedural Rules (26 CFR are found to be inadequate, or in any case plete this statement (if agent, submit writ­ Part 601) shall apply with respect to such in which the Director finds that compe­ ten authorization to act as agent) ; public hearing. Copies of these rules may tition among domestic manufacturers of That the statements contained in this par­ be obtained by a request directed to the the controlled substance is inadequate tial Statement of Record and any supple­ Commissioner of Internal Revenue, At­ and will not be rendered adequate by the ment thereto, together with any documents tention: CC:LR:T, Washington, D.C. registration of additional manufacturers submitted are full, true, complete, and 20224, or by telephoning (Washington, under section 303 of the Controlled Sub­ c o r r e c t ; That, if .this request is filed pursuant to D.C.) 202-964-3935. Under such § 601.601 stances Act (21 U.S.C. 823); or 24 CFR 1710.14(a) (2) the developer hefeby (a)(3), persons who have submitted (3) That the domestic supply of any affirms and represents to the Secretary that written comments or suggestions within controlled substance is inadequate for the facts, affirmations and method of opera­ the time prescribed in the notice of pro­ scientific studies, and that the importa­ tion are within the requirements of 24 CFR posed rule making and who desire to tion of that substance for scientific pur­ 1710.14(a)(2) subparagraphs (i), (ii), (iii), present oral comments should by No­ poses is only for delivery to officials of (iv),and (v); vember 17,1971, submit an outline of the the United Nations, of the United States, That the fee accompanying this application is in the amount required by the regulations topics and the time they wish to devote or of any State, or to any person reg­ of the Office of Interstate Land Sales Regis­ to each topic. Such outlines should be istered or exempted from registration tration; submitted to the Commissioner of Inter­ under sections 1007 and 1008 of the Act That I agree that this filing is a partial nal Revenue, Attention: CC:LR:T, (21 U.S.C. 957 and 958). Statement of Record and that the receipt Washington, D.C. 20224. (b) If after careful consideration of of this filing by the Secretary shall hot be Persons who desire a copy of such the application, it is found that ap­ the date of filing of a Statement of Record proval cannot be given, and if addi­ for the purpose o f determining the effective written comments or suggestions or out­ date thereof; and lines and who desire to be assured of tional information is required, or other That if the Secretary advises that the of­ their availability on or before the begin­ action is necessary to correct any mis­ fering is not exempt, I agree to file the re­ ning of such hearing should notify the take or irregularity in the application or maining portions of the Statement of Rec­ Commissioner, in writing, at the above accompanying documents, opportunity ord as set forth in § 1710.105 of these rules address by November 24, 1971. In such a will be afforded the prospective importer and regulations prior to any offering and that case, unless time and circumstances per­ by the Director to furnish such addition­ the date of the receipt of the complete State­ mit otherwise, the desired copies are de­ al information or to correct such mistake ment of Record by the Secretary shall be the liverable only at the above address. The or irregularity before the application is date of filing for the purpose of determining finally disapproved. the effective date of the Statement of Record. charge for copies is Twenty-five cents ($0.25) per page, subject to a minimum (c) Each import permit shall be is­ charge of $1. sued in sextuplet and serially num­ (date) (signature) K . M artin W orthy, bered, with all six copies bearing the Chief Counsel. same serial number and being desig­ (corporate seal (title) [FR Doc.71-16178 Filed ll-2-71;10:33 am] nated “original” (Copy 1), “ duplicate” if applicable) (Copy 2), etc., respectively. All copies of Warning: Section 1418 of the Housing and import permits shall bear the signature Urban Development Act of 1968 (82 Stat. 598, of the Director or his delegate, and fac­ 15 U.S.C. 1717) provides: "Any person who similes of signatures shall not be used. willfully violates any of the provisions of this DEPARTMENT OF JUSTICE No permit shall be altered or changed by title or the rules and regulations prescribed pursuant thereto * * *, shall upon convic­ Bureau of Narcotics and Dangerous any person after being signed by the tion be fined not more than $5,000 or im­ Drugs Director or his delegate and any change prisoned not more than 5 years, or both.** or alternation upon the face of any per­ [ 21 CFR Parts 311, 312 1 mit after it shall have been signed by (Sec. 1419, 82 Stat. 598, 15 U.S.C. 1718, Secre­ tary’s delegation published 36 F.R. 5006) IMPORTATION AND EXPORTATION the Director or his delegate shall render it void and of no effect. Permits are not Issu ed at Washington, D.C., October OF CONTROLLED SUBSTANCES transferable. Each copy of the permit 27, 1971. Notice of Proposed Rule Making shall have printed or stamped thereon E ugene A. G ulledge, the disposition to be made thereof. Each Assistant Secretary for Housing Under the authority vested in the At­ permit shall be dated and shall certify Production and Mortgage torney General by sections 1002, 1003, that the importer named therein is there­ Credit—FHA Commissioner. 1007, and 1008 of the Comprehensive by permitted as a registrant under the Drug Abuse Prevention and Control Act [PR Doc.71-15931 Filed ll-2-71;8:45 am] Act, to import, through the port named, of 1970 (Public Law 91-513) and redele­ one shipment of not to exceed the spec­ gated to the Director, Bureau of Nar­ ified quantity of the named controlled cotics and Dangerous Drugs, by § 0.100 of substances, shipment to be made before Title 28 of the Code of Federal Regula­ a specified date. Not more than one ship­ d e p a r tm e n t o f t h e t r e a s u r y tions, the Director hereby proposes that ment shall be made on a single import Internal Revenue Service Parts 311 and 312 of Title 21 of the Code permit. The permit shall state that the of Federal Regulations be amended as Director is satisfied that the consign­ [ 26 CFR Part T 1 follows: ment proposed to be imported is required INCOME TAX 1. By deleting § 312.13 and replacingfor legitimate purposes. it with the following: 2. By deleting § 312.23 and replacing Gain From Dispositions of Certain § 312.13 Issuance o f import permit. it with the following: Depreciable Realty (a) The Director may authorize im­§ 312.23 Issuance o f export permit. 1 °pPse

No. 212------6 FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21058 PROPOSED RULE MAKING

III or IV if he finds that such exporta­ sented in opening or closing statements port permit, each person entitled to, or tion is permitted by subsections 1003 (a), of counsel or in memoranda or proposed participating in, the hearing shall have (b), (c), or (d) of. the Act (21 U.S.C. findings of fact and conclusions of law. the burden of proving any propositions 953 (a), (b), (c), or (d)). §312.43 Waiver or modification of of fact or law asserted by him in the (b) If after careful consideration of rules. hearing. the application it is found that approval cannot be given, and additional infor­ The Director or the presiding officer § 312.46 Time and place of hearing. mation is required, or other action is (with respect to matters pending before (a) If any person entitled to a hearing necessary to correct any mistake or ir­ him) may modify or waive any rule in or to participate in a hearing pursuant regularity in the application or accom­ this part by notice in advance of the to § 312.13 or § 312.23 requests a hearing panying documents, opportunity will be hearing, if he determines that no party on the denial of an application for an afforded the prospective exporter by the in the hearing will be unduly prejudiced import or export permit, the Director Director to furnish such additional in­ and the ends of justice will thereby be shall hold such hearing. Notice of the formation or to correct such mistake or served. Such notice of modification or time and place of the hearing shall be irregularity before the application is waiver shall be made a part of the record given at least 30 days prior to the hear­ finally disapproved. of the hearing. ing, unless such notice is waived and it (c) Each export permit shall be issued § 312.44 Request for hearing or appear­ is requested that the hearing be held at in septuplet and serially numbered, with ance ; waiver. an earlier time, in which case the Direc­ all seven copies bearing the same serial tor shall fix a date for such hearing as number and being designated “original” (a) Any person who desires a hearing early as reasonably possible. (Copy 1), “duplicate” (Copy 2), etc., re­ on the denial of his application for an import or export permit shall, within 30 (b) The hearing will commence at the spectively. Each export permit shall be place and time designated in the notice predicated upon a separate import cer­ days after the date of receipt of the denial of his application for an import given pursuant to paragraph (a) of this tificate or other documentary evidence, section or In the notice of hearing pub­ and not more than one shipment shall be or export permit, file with the Director a written request for a hearing in the lished in the F ederal R egister pursuant made thereon. Export permits are not to § 312.44(b), but thereafter it may be transferable. form prescribed in § 316.47 of this chapter. moved to a different place and may be (d) No export permit shall be issued Continued from day to day or recessed for the exportation of any narcotic drug (b) Any interested person who desires to a later day without notice other than to any country when the Director has to participate in a hearing on the denial announcement thereof by the presiding information to show that the estimates of an application for an import or export officer at the hearing. submitted with respect to that country permit shall, within 30 days of the date for the current period, under the Nar­ of publication of notice of the hearing § 312.47 Final order. cotic Limitation Convention of 1931, or in the F ederal R egister, file with the As soon as practicable after the pre­ the Single Convention on Narcotic Drugs Directqr a written notice of his intention siding officer has certified the record to of 1961, have been, or, considering the to participate in such hearing in the the Director, the Director shall issue his quantity proposed to be imported, will be fqrm prescribed in § 316.48 of this chap­ order on the denial of the application exceeded. If it shall appear, through sub­ ter. Any person filing a request for a for an import or export permit. The or­ sequent advice received from the Inter­ hearing need not also file a notice of ap­ der shall include the findings of fact and national Narcotic Control Board of the pearance; the request for a hearing shall conclusions of law upon which the order United Nations that the estimates of the be deemed to be a notice of appearance. is based. The Director shall serve one country of destination have been ad­ (c) Any person entitled to a hearing copy of his order upon each party in the justed to permit further importation of or to participate in a hearing pursuant hearing. the narcotic drug, an export permit may to § 312.13 or § 312.23 may, within the All interested persons are invited to then be issued if otherwise permissible. period permitted for filing a request for submit their comments and objections in 3. By adding seven new sections asa hearing or a notice of appearance, file writing regarding this proposal. Com­ follows : with the Director a waiver of an oppor­ ments and objections should be sub­ tunity for a hearing or to participate in mitted in quintuplicate to the Office of § 312.41 Hearings generally. a hearing, together with a written state­ Chief Counsel, Bureau of Narcotics and (a) In any case where the Directorment regarding his position on the mat­ Dangerous Drugs, Department of Jus­ shall hold a hearing regarding the denial ters of fact and law involved in such tice, Room 611, 1405 Eye Street NW., of an application for an import or ex­ hearing. Such statement, if admissible, Washington, DC 20537, and must be re­ shall be made a part of the record and port permit, the procedures for such ceived no later than 30 days after pub­ hearing shall be governed generally by shall be considered in light of the lack of the rulemaking procedures set forth in opportunity for cross-examination in lication of this proposal in the F ederal the Administrative Procedure Act (5 determining the weight to be attached to R egister. U.S.C. 551-559) and specifically by sec­ matters of fact asserted therein. Dated: October 22,1971. tions 1002 and 1003 of the Act (21 U.S.C. (d) If any person entitled to a hear­ 952 and 953), by §§ 312.42-312.47, and ing or to participate in a hearing pur­ J ohn F inlator, by the procedures for administrative suant to § 312.13 or § 312.23, fails to file Acting Director, Bureau of hearings under the Act set forth in a request for a hearing or a notice of Narcotics and Dangerous Drugs. §§ 316.41-316.67 of this chapter. appearance, or if he so files and fails to [FR Doc.71-16011 Filed 11-2-71;8:49 am] § 312.42 Purpose of hearing. appear at the hearing, he shall be deemed to have waived his opportunity (a) If requested by an interested per­ for the hearing or to participate in the son, who presents reasonable grounds hearing, unless he shows good cause for DEPARTMENT OF AGRICULTURE therefor,, the Director shall hold a hear­ such failure. ing for the purpose of receiving factual Agricultural Research Service evidence regarding the issues involved in (e) If all persons entitled to a hearing the denial of an application for an im­ or to participate in a hearing waive or I9CFR Part 113 1 port or export permit. are deemed to waive their opportunity for the hearing or to participate in the VIRUSES, SERUMS, TOXINS, AND (b) The Director need not hold a hear­ ANALOGOUS PRODUCTS ing on the denial of an application for hearing, the Director may cancel the an import or export permit separate from hearing, if scheduled, and issue his final Proposed Standard Requirements a hearing on the suspension, revocation order pursuant to § 312.47 without a Notice is hereby given in accordance or denial of a registration to import or hearing. export, held pursuant to §§ 311.51-311.53 with the provisions contained in section of this chapter. § 312.45 Burden of proof. 553(b) of title 5, United States Code (c) Extensive argument should not be At any hearing regarding the denial (1966), that it is proposed to amend cer­ offered into evidence but rather pre- of an application for an import or ex­ tain of the regulations relating to viruses,

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21059

serums, toxins, and analogous products Consumer and Marketing Service in Title 9, Code of Federal Regulations, GENERAL SERVICES issued pursuant to the provisions of the [ 7 CFR Part 932 ] Virus-Serum-Toxin Act of March 4,1913 OLIVES GROWN IN CALIFORNIA ADMINISTRATION (21 U.S.C. 151-158). The use of inhibitors or neutralizers of Notice of Proposed Rule Making With [41 CFR Parts 101-17, 101-18, preservatives would be provided for in Respect to Expenses, Rate of As­ 101-20 1 § 113.25(d); the use of Fluid Thiogly- sessment, and Carryover of Unex­ CONSIDERATION OF SOCIOECO­ collate Medium instead of Soybean- Casein Digest Medium for testing bio­ pended Funds NOMIC IMPACT WHEN SELECTING logical products containing mercurial Consideration is being given to the LOCATIONS FOR FEDERAL BUILD­ preservatives would be provided for in following proposals submitted by the INGS § 113.26(a) (3); and incubation tem­ Olive Administrative Committee, estab­ peratures in § 113.26(b) (3) would be Notice of Proposed Rule Making lished under the marketing agreement, adjusted to the proposed changes in Notice is hereby given in accordance § 113.26(a) (3). as amended, and Order No. 932, as with the administrative procedure provi­ 1. Section 113.25(d) is amended to amended (7 CFR Part 932,36 F.R. 20355), sions in 5 U.S.C. 533 that pursuant to read: regulating the handling of olives grown the Federal Property and Administrative § 113.25 Culture media for detection of in California, effective under the appli­ Services Act of 1949, as amended, the bacteria and fungi. cable provisions of the Agricultural Mar­ General Services Administration is con­ * * * * # keting Agreement Act of 1937, as amend­ sidering an amendment to 41 CFR 101- 17—Public Buildings and Space, 41 CFR (d) A determination shall be made by ed (7 U.S.C. 601-674), as the agency to 101-18—Acquisition of Real Property, the licensee for each biological product administer the terms and provisions and 41 CFR 101-20—Assignment and of the ratio of inoculum to medium thereof: Utilization of Space. The revisions will which shall result in sufficient dilution (a) That the Secretary of Agriculture establish agency policy for applying so­ of such product to prevent bacterio­ cioeconomic considerations to selecting static and fungistatic activity. The find that the expenses that are reason­ locations for Federal buildings in order determination may be made by tests on able and likely to be incurred by the to implement Executive Order No. 11512 a representative biological product for Olive Administrative Committee during of February 27, 1970. each group of comparable products con­ the period September 1, 1971, through Any person who wishes to submit writ­ taining identical preservatives at equal August 31, 1972, will amount to $558,850. ten data, views, or objections pertaining or lower concentrations. . to the proposed amendment may do so (b) That the Secretary of Agriculture Inhibitors or neutralizers of preserva­ by filing them in duplicate with the Com­ tives, approved by the Director, may be fix the rate of assessment for said period, missioner of Public Buildings, General considered in determining the proper payable by each first handler in accord­ Services Administration, Room 6340, ratio. ance with § 932.39, at $10 per ton of General Services Buiding, 19th and F 2. Section 113.26 (a) (3) and (b) (3) olives. Streets NW„ Washington, DC 20405, within 30 calendar days following pub­ are amended to read: « (c) That unexpended assessment funds lication of this notice in the F ederal » * * * * in excess of expenses incurred during R egister. § 113.26 Detection o f viable extraneous the fiscal period ended August 31, 1971, Dated: October 28,1971. bacteria and fungi in all biological shall be carried over as a reserve in ac­ products except live vaccines. cordance with the applicable provisions A rthur F. Sampson, * * * * * Commissioner, of §§ 932.40 and 932.203 of the market­ (a) * * * Public Buildings Service. ing agreement and order. (3) Soybean-Casein Digest Medium As proposed, the amendment to the shall be used to test biological products Terms used in the amended market­ regulations would read as follows: for fungi; provided, that Fluid Thiogly- ing agreement and order shall, when used This amendment provides for: (1) In­ collate Medium without beef extract herein, have the same meaning as is clusion of new legislative and Executive shall be substituted when testing bio­ given to the respective term in said order citations to the authorities being logical produets containing mercurial amended marketing agreement and implemented in Parts 101-17, 101-18, preservatives. and 101-20; (2) revision of the policy (b) * * * order. statements in §§ 101-17.102, 101-18.102, (3) Incubation shall be for an observa­ All persons who desire to submit writ­ and 101-20.002 to include considerations tion period of 14 days at 30° to 35° C. ten data, views, or arguments in con­ required by such acts and orders in the to test for bacteria and 14 days at 20° nection with the aforesaid proposal shall planning for new public buildings, in the to 25° C. to test for fungi. acquisition of space by lease, and in the file the same, in quadruplicate, with the assignment and utilization of space; (3) Interested persons are invited to sub­ Hearing Clerk, Ü.S. Department of Ag­ mit written data, views, or arguments the implementation of these policies in regarding the proposed regulations to the riculture, Room 112, Administration providing buildings and space for Fed­ Veterinary Biologies Division, Federal Building, Washington, D.C. 20250, not eral agencies in accordance with existing Center Building, Hyattsville, Md. 20782, later than the 10th day after the pub­ authority in a manner designed to exert a positive economic and social influence Ruthin.60 days after date of publication lication of this notice in the F ederal of this notice in the F ederal R egister. on the development or redevelopment of R egister. All written submissions made the areas in which such facilities will be All written submissions made pursuant pursuant to this notice will be made located; and (4) minor editorial correc­ t0 J~*s notice will be made available for available for public inspection at the tions. Public inspection at such times and places office of the Hearing Clerk during regu­ and in a manner convenient to the public PART 101-17— CONSTRUCTION AND lar business hours (7 CFR 1.27(b)). business (7 CFR 1.27(b)). ALTERATION OF PUBLIC BUILDINGS Done at Washington, D.C., this 28th Dated: October 29, 1971. The table of contents for Part 101-17 1971 day of October . P aul A. Nicholson, is amended by adding the following new Deputy Director, Fruit and Vege­ entries: F. J. M ulhern, Sec. Acting Administrator, table Division, Consumer and Marketing Service. 101-17.104 Application of socioeconomic Agricultural Research Service. considerations. IFRDoc.71-15993 Piled ll-2-71;8:47 am] (FR Doc.71-16029 Filed ll-2-71;8:50 am] 101-17.104-1 Location of buildings.

FEDERAL REGISTER, V O L 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21060 PROPOSED RULE MAKING

Sec. space for the purpose of improving man­ tectural traditions of that part of the 101-17.104-2 Agreement with Secretary of agement and administration; Nation in which buildings are located. Housing and Urban Devel­ (6) Consider to the maximum possi­ (h) In the alteration of existing build­ opment. ble extent the availability for employees ings, GSA will maintain architectural 101-17.104-3 Consultation with HUD. 101-17.104-4 Affirmative action plan. of low and moderate income housing integrity and compatibility with the ex­ 101-17.104-5 Agency compliance. without discrimination because of race, isting structures. color, religion, or national origin; ade­ (i) In the design of new public build­ Section 101-17.001 is revised to read quate access from other areas of the ings, and to the extent feasible in the as follows: urban center; and adequacy of parking. alteration of existing public buildings, § 101—17.001 Authority. (7) Proposed developments will be, GSA will (1) insure that such buildings to the greatest extent practicable, con­ and attendant facilities will be accessible This Part 101-17 implements the appli­ sistent with State, regional, and local to and usable by the physically handi­ cable provisions of the Federal Property plans and programs; and Governors, capped (42 U.S.C. 4151-4156), and (2) and Administrative Services Act of 1949, local elected officials, and regional com­ utilize, to the maximum extent, modem 63 Stat. 377, as amended: the Public prehensive planning agencies will be methods and techniques for the control Buildings Act of 1959, as amended (40 consulted in the planning of such of air and water pollution (Clean Air Act, U.S.C. 601-615); Public Law 90-480, ap­ developments. 42 U.S.C. 1857; Federal Water Pollution proved August 12, 1968, 82 Stat. 718 (b) In accordance with the provisions Control Act, 33 U.S.C. 1151-1174). (42 U.S.C. 4151-4156); the Clean Air of section 901(b) of the Agricultural Act (j) In the siting and locating of build­ Act (42 U.S.C. 1857); the Federal Water of 1970 (84 Stat. 1358), insofar as prac­ Pollution Control Act (33 U.S.C. 1151- ings on selected sites, GSA representa­ ticable, new offices and other facilities tives will work directly with local officials 1174); the Intergovernmental Coopera­ will be located in areas or communities tion Act of 1968, 82 stat. 1105 (40 U.S.C. in seeking to conform as closely as possi­ of low population density in preference ble to local zoning regulations. 533); the Agricultural Act of 1970, 84 to areas or communities of high popu­ Stat. 1383; Executive Order 11507 of lation density, due consideration being (k) In the design of new public build­ February 4, 1970; Executive Order 11508 given to the provisions of section 7(a) ings and alterations to public buildings, of February 10, 1970; Executive Order of the Public Buildings Act of 1959, as locally approved and/or nationally rec­ 11512 of February 27, 1970 (3 CFR); amended (40 U.S.C. 606(a)), and Execu­ ognized building and performance codes, and title VIII of the Civil Rights Act of tive Order 11512 of February 27, 1970 standards, and specifications will be fol­ 1968, as amended (42 U.S.C. 3601, sec­ (3 CFR). lowed as minimum requirements. tion 808(d)). (c) GSA will plan the construction (l) Parking for Government-owned Subpart 101—17.1— General and alteration of Federal facilities at vehicles, visitors, and employees will be a rate that will reduce the total amount provided in the planning of public build­ 1. Section 101-17.102 is revised to ings with due regard to the needs of the read as follows: of rental space, provide for Federal operations to be housed in Government- Federal agencies to be housed in each § 101—17.102 Basic policy. owned space, and replace Government- building, local zoning and parking regu­ (a) In the process of developing owned facilities becoming obsolete, with lations, availability of public transporta­ building projects, the following policies modem functional structures that meet tion, and availability of planned and will be observed: present day requirements' for efficient existing public and privately owned (1) Material consideration will be and economical operations. parking facilities in the locality. given to the efficient performance of the (d) GSA will provide technical serv­ (m) Fine arts, as appropriate, will be missions and programs of the executive ices and guidance to other Federal agen­ incorporated in the design of selected agencies and the nature and function of cies in the formulation and development new public buildings. Fine arts, including the facilities involved with due regard of their programs for construction and painting, sculpture, and artistic work in for the convenience of the public served alteration of special facilities. other mediums, will reflect the national and the maintenance and improvement (e) Excess properties transferred to cultural heritage and emphasize the work of safe and healthful working conditions GSA will be renovated and altered when­ of living American artists. for employees; ever practical to meet Government space 2. Section 101-17.104 is added as (2) Consideration will be given in the needs. follows : delineation of areas and the selection of (f) In selecting sites for public build­ sites for the development of Federal § 101—17.104 Application of socioeco­ ings, consideration will also be given to: nomic considerations. facilities to the need for development (1) Maximum utilization of Govern­ and redevelopment of areas and the de­ ment-owned land (including excess land) The purpose of this section is to pro­ velopment of new communities and the whenever it is adequate, economically vide an effective, systematic arrangement impact a selection will have on improv­ adaptable to requirements, and properly to assure for Federal employees the avail­ ing social and economic conditions in located, where such is consistent with ability of low- and moderate-income the area. In determining these condi­ housing without discrimination because tions, the Administrator will consult the provisions of Executive Order 11508 of February 10, 1970, and .§ 101-47.8; of race, color, religion, or national origin with and receive advice from the Secre­ and to influence the improvement in tary of Housing and Urban Develop­ (2) A site adjacent to or in the prox­ social and economic conditions in the ment, the Secretary of Health, Educa­ imity of an existing Federal building area of Federal buildings. tion, and Welfare, the Secretary of which is well located and is to be retained Commerce, and others, as appropriate; for long-term occupancy; and § 101—17.104—1 Location of buildings* (3) Maximum use will be made of (3) Suitable sites in established civic (a) GSA in all its determinations with existing Government-owned permanent or redevelopment centers which are well respect to the location of federally con­ buildings which are adequate or eco­ planned and properly financed with de­ structed buildings and the acquisition of nomically adaptable to the space needs velopment initiated and insured. leased buildings will consider to the of executive agencies; (g) The design of new buildings shall maximum possible extent the availability (4) Suitable privately owned space provide requisite and adequate facilities for employees of low and moderate in­ will be acquired only when satisfactory in an architectural style and form which come housing without discrimination be­ Government-owned space is not avail­ is distinguished and which will reflect the cause of race, color, religion, or national able and only at rental charges which dignity, enterprise, vigor, and stability of origin and will affirmatively further the are consistent with prevailing rates in the U.S. Government. Major emphasis purposes of title VHI of thé Civil Rights the community for comparable facil­ shall be placed on the choice of designs Act of 1968. ities; that embody the finest contemporary (b) Final decisions of the Adminis­ (5) Space planning and assignments American architectural thought. Specific trator will be based on the determination will take into account the objective of attention shall be paid to the possibili­ that such decisions will improve the man­ consolidating agencies and constituent ties of incorporating into such designs agement and administration of govern­ parts thereof in common or adjacent qualities which reflect the regional archi­ mental activities and services and wm

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21061 foster the programs and policies of the tion of low- and moderate-income hous­ Subpart 101-18.1— Acquisition by Federal Government. ing on a nondiscriminatory basis. Lease 8 101-17.104—2 Agreement with Secre­ § 101—17.104—4 Affirmative action plan. 1. Section 101-18.101 is revised to ta ry of Housing and Urban Develop­ When a site has been selected or lease read as follows: ment. entered into and HUD has determined § 101-18.101 Authorities o f subpart. (a) The Administrator has entered that, with respect to such location, the This Subpart 101-18.1 implements into an agreement with the Secretary of supply of low- and moderate-income section 210(h) (1) of the Federal Prop­ Housing and Urban Development to housing on a nondiscriminatory basis is erty and Administrative Services Act of utilize the Department of Housing and inadequate to meet the needs of the per­ 1949, as amended (40 U.S.C., 490(h) (1); Urban Development (HUD) to in­ sonnel of the agency or agencies involved, the Act of August 27, 1935 (40 U.S.C. vestigate, determine, and report findings an affirmative action plan shall be devel­ 304c), Reorganization Plan No. 18 of to GSA on the availability of low- and oped. The plan shall be designed to in­ 1950 (40 UJS.C. 490 note); the Inter­ moderate-income housing on a nondis- sure that an adequate supply of such governmental Cooperation Act of 1968,82 criminatory basis with respect to pro­ housing will be available before the Stat. 1105 (40 U.S.C. 533); the Agri­ posed locations for a federally con­ building or space is to be occupied or cultural Act of 1970,84 Stat. 1383; Execu­ structed building or major lease action within a period of 6 months thereafter. tive Order 11512 of February 27, 1970 (3 having a significant socioeconomic im­ The plan should provide for commit­ C FR ); and title VHI of the Civil Rights pact on a community. ments from the community involved to Act of 1968, as amended (42 U.S.C. 3601 (b) HUD will advise GSA and other initiate and carry out all feasible efforts section 808(d)). Federal agencies with respect to actions to obtain a sufficient quantity of low- and 2. Section 101-18.102 is revised to moderate-income housing available to which would increase the availability of read as follows: low- and moderate-income housing on a the agency’s personnel on a nondiscrimi­ nondiscriminatory basis, once a site has natory basis with adequate access to the § 101—18.102 Basic policy. been selected for a federally constructed location of the building or space. It (a) GSA will lease space in privately building or a lease executed for space, as should include commitments by the local owned buildings and land only when well as to assist in increasing the avail­ officials having the authority to remove needs cannot be satisfactorily met in ability of such housing through its own obstacles to the provision of such hous­ Government-owned or presently leased programs. ing, when such obstacles exist, and to space, or when the construction or altera­ take effective steps to assure its provi­ § 101—17.104—3 Consultation with HUD. tion of a Federal building or the purchase sion. The plan should also set forth the of a privately owned building is not war­ (a) In the initial selection of a city or steps proposed by the agency to develop ranted because requirements in the com­ delineation of a general area for loca­ and implement a counseling and referral munity are insufficient or are indefinite in tion of public buildings or leased build­ service to seek out and assist its person­ scope or duration, or completion of a ings, GSA will provide the earliest pos­ nel to obtain such housing. As part of new building within a reasonable time sible notice to HUD of information with any plan, during as well as after its cannot be assured. respect to such decisions. Regional offices development, HUD will give priority (b) Acquisition of space by lease will of HUD, as identified by the Secretary of consideration to applications for assist­ be on the basis most favorable to the Gov­ Housing and Urban Development, and ance under its housing programs for the ernment, with due consideration to main­ local planning and housing authorities housing proposed to be provided in ac­ tenance and operational efficiency, and will be consulted concerning the present cordance with the plan. only at charges consistent with prevail­ and planned availability of low- and § 101—17.104—5 Agency compliance. ing scales in the community for com­ moderate-inome housing on a nondis­ parable facilities. criminatory basis in the area where the (a) Agencies are required to cooper­ project is to be located during the survey ate with the Administrator and provide (c) Acquisition of space by lease will be preliminary to the preparation and sub­ such information as may be necessary to by negotiation except where all the fac­ mission of the project development re­ effectively comply with these regulations tors are present which will permit true port. A copy of the prospectus for each and to cooperate with the Secretary of competition and where the formal sealed public building or lease-construction Housing and Urban Development to bid method is required by law. In nego­ project will be provided to HUD. affirmatively further the purposes of title tiating, competition will be obtained to (b) Regional office representatives of V n i of the Civil Rights Act of 1968, as the maximum extent practical among HUD, as designated by the Secretary of amended (42 U.S.C. 3601). suitable available locations meeting Housing and Urban Development, will (b) As a minimum, agencies are re­ minimum Government requirements. participate in site investigations for the quired to determine the number of posi­ (d) When acquiring space by lease purpose of providing a report to GSA on tions by grade and an estimate of the and subject to the provisions of § 101- the availability of low- and moderate- number df employees whose jobs are 18.109: income housing on a nondiscriminatory being moved. Further details, such as (1) Material consideration shall be basis in the area of the investigation. family income and size, minority status, given to the efficient performance of tine (c) The advice of HUD will constitute present home location, and status as missions and programs of the executive the principal basis for GSA’s considera­ head-of-household, may also be required agencies and the nature and function of tion of the availability of housing as depending upon the type, scope, and cir­ the facilities involved with due regard described in this § 101-17.104. The Re­ cumstances of the relocation. GSA will for the convenience of the public served gional Director, PBS, will advise the advise agencies concerning specific and the maintenance and improvement HUD representative when the GSA site situations. of safe and healthful working conditions investigator recommends a site for selec­ (c) Federal agencies who will relocate for employees; tion which has been reported unfavor­ shall provide counseling and referral (2) Consideration shall be given in ably by HUD. In the event the disagree­ service to assist their personnel in ob­ the selection of sites for Federal facilities ment between HUD and GSA representa­ taining housing. GSA and HUD will co­ to the need for development and re­ tives at the area or regional level is not operate in this effort. development of areas and the develop­ resolved, HUD shall advise the Adminis­ ment of new communities, and the im­ trator of such disagreement within 5 PART 101-18— ACQUISITION OF REAL pact a selection will have on improving workdays and specify the time required PROPERTY social and economic conditions in the to properly present its views for head­ area. In determining these conditiQns quarters review. The table of contents for Part 101-18 the Administrator shall consult with and (d) GSA will provide HUD with a is amended by adding the following new receive advice from the Secretary of written explanation when, after head­ entry: Housing and Urban Development, the quarters review, a location is selected See. Secretary of Health, Education, and which HUD reported Inadequate with 101-18.109 Application of socioeconomic Welfare, the Secretary of Commerce, and respect to the availability to such loca­ considerations. others, as appropriate;

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21062 PROPOSED RULE MAKING

(3) Maximum use shall be made of ex­ (2) Garage space held under service (c) The Department of Housing and isting Government-owned permanent contract used by the Geological Survey Urban Development is responsible for buildings which are adequate or economi­ and the Bureau of Land Management; providing information concerning the cally adaptable to the space needs of (3) Laboratory, storage and related availability of low- and moderate-income executive agencies; space, and land incidental thereto for housing on a nondiscriminatory basis in (4) Suitable privately owned space use by the Federal Water Pollution Con­ areas where Federal facilities are shall be acquired only when satisfactory trol Administration for periods of 1 year planned to be located. Government-owned space is not avail­ situated outside urban areas, including (d) The Department of Housing and able, and only at rental charges which sites for mobile (trailer) laboratories and Urban Development shall be consulted are consistent with prevailing rates in docking and mooring facilities. concerning the availability, on a non­ the community for comparable facilities; * * * * * discriminatory basis, of low- and mod­ (5) Space planning and assignments erate-income housing for those Federal shall take into account the objective of (р) Department of Transportation : employees who will work in the project consolidating agencies and constituent (1) U.S. Coast Guard: Plots of land area when ( l ) a leasing action meets the parts thereof in common or adjacent and pier sites, including closed storage criteria in paragraph (b) of this section, space for the purpose of improving man­ space required in combination with piers (2) a least-construction project is de­ agement and administration; and and docking and mooring facilities; veloped which required a prospectus, and (6) The availability of adequate low- space for the oceanic unit at Woods (3) a leasing action involves a major and moderate-income housing on a non- Hole, Mass. ; and space for port security shift or relocation of agencies to new discriminatory basis, adequate access activities; areas or locales. Procedures described in from other areas of the urban center, (2) Federal Aviation Administration: § 101-17.104 shall apply. and adequacy of parking will be All space located at airports, the Aero­ considered. nautical Center at Oklahoma City, Okla., PART 101-20— ASSIGNMENT AND (e) Lease-construction projects re­air route traffic control centers, garage quired to be authorized in accordance space held under service contracts, and UTILIZATION OF SPACE with or in the manner provided by the land. The table of contents for Part 101-20 provisions of the Public Buildings Act of 5. Section 101-18.107(0 is revised to is amended by the addition of the fol­ 1959 will be, to the greatest extent prac­ read as follows: lowing new entries: ticable, consistent with State, regional, and local plans, programs, and local § 101—18.107 Limitations on the use of Sec. delegated authority. 101-20.102-6 Procurement of parking for zoning regulations; and Governors, local Government-owned vehicles, elected officials, and regional comprehen­ ***** 101-20.104 Application of socioeconomic sive planning agencies will be consulted (с) Agencies having a need for other considerations. in the planning of the proposed develop­ than temporary parking accommoda­ ment of such Federal facilities. 1. Section 101-20.001 is revised to read tions in the urban centers listed in as follows: (f ) Insofar as practicable, leased space § 101-18.104, for Government-owned for new offices and other facilities will be motor vehicles not regularly housed by § 101—20.001 Authority. located in areas or communities of low GSA, shall ascertain the availability of This part implements the applicable population density, due consideration Government-owned or controlled park­ provisions of the Federal Property and being given to the provisions of Execu­ ing from GSA ifi accordance with the Administrative Services Act of 1949, as tive Order No. 11512 of February 27, procedure outlined in § 101-20.102-6 amended 63 Stat. 377; the Act of July 1, 1970 (3 CFR). prior to instituting procurement action 1898 (40 U.S.C. 285) ; the Act of Au­ 3. Section 101-18.104(e) (3) is revised to acquire parking facilities or services. gust 27, 1935 (40 U.S.C. 304c) ; the Public to read as follows: 6. Section 101-18.109 is added as Buildings Act of 1959, as amended (40 § 101—18.104 Acquisition by other agen­ follows: U.S.C. 601 et seq.) ; Reorganization Plan cies. § 101—18.109 Application of socioeco­ No. 18 of 1950 (40 U.S.C. 490 note) ; and ***** nomic considerations. Executive Order 11512 of February 27, 1970 (3 CFR). (e) * * * (a) In acquiring space by lease, loca­ 2. Section 101-20.002 is revised to read (3) The space is acquired by the U.S. tions will be avoided which will work a as follows: Postal Service for postal purposes. hardship on employees because (1) there 4. Section 101-18.106-1 is revised as is a lack of adequate housing for low- § 101—20.002 Basic policy. follows: and middle-income employees on a non- GSA and other Federal agencies shall § 101—18.106—1 List of special purpose discriminatory basis within reasonable be guided by the following policies for space. proximity, and (2) the location is not the assignment, reassignment, and util­ * * * * * readily accessible from other areas of ization of office buildings and space. the urban center. (a) Material consideration shall be (d) [Reserved! (b) Consideration of low- and mod­ given to the efficient performance of the * * * * * erate-income housing on a nondiscrim- missions and programs of the executive (f ) Department of Housing and Urban inatory basis for employees and the need agencies and the nature and function Development: Space used for residential for development and redevelopment of of the facilities involved with due regard and related purposes. areas for socioeconomic improvement for the convenience of the public served ***** will apply to the acquisition of space by and the maintenance and improvement lease when the lease term is in excess of of safe and healthful working conditions (j) Treasury Department: Garage5 years, including all options, and where for employees. space held under service contracts. the space is to be acquired within the (b) Maximum use shall be made of * # * * * defined limits of a city or town and the existing Goverment-owned permanent (1) Department of the Interior: amount of space in relation to the popu­ buildings which are adequate or eco­ (1) Space in buildings and land in­lation exceeds the indicated footage as nomically adaptable to the space needs cidental thereto used by field crews of follows: of executive agencies. the Bureau of Reclamation, Bureau of (c) Suitable privately owned space Square shall be acquired only when satisfactory Land Management, the Geological Sur­ Population ' footage vey, and the Federal Water Pollution Government-owned space is not avail­ 0-25,000 ______Over 5,000. able. Control Administration for periods of 25.000- 50,000 ______— Over 10,000. less than 1 year in remote areas where 50.000- 100,000 ______Over 15,000. (d) Space planning and assignments no other Government agencies are 100.000- 500,000 ______Over 30,000. shall take into account the objective of quartered; Over 500,000______Over 50,000. consolidating agencies and constituent

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21063 parts thereof in common or adjacent tive agencies after determining that space for the purpose of improving man- such assignment or reassignement is ad­ DEPARTMENT OF agement and administration. vantageous to the Government in terms (e) The availability of adequate low- of economy, efficiency, or national TRANSPORTATION and moderate-income housing on a non- security. discriminatory basis for employees, ac­ 6. Section 101-20.104 is added as Coast Guard cessibility from other areas of the urban follows: center, and adequacy of parking facil­ [33 CFR Part 1171 ities shall be considered. § 101—20.104 Application of socioeco­ [CGFR 71-122] nomic considerations. (f) Whenever a space assignment re­ NORTH BRANCH, CHICAGO RIVER, quires the acquisition of space, the pol­ (a) Agencies shall cooperate with icies established in § 101-17.102 or 101- GSA in coordinating proposed programs ILL. 18.102 shall apply to such acquisition. and plans for buildings and space in a Proposed Drawbridge Operations manner designed to exert a positive eco­ 3. Section 101-20.102 (b) is revised to The Coast Guard is considering revis­ read as follows: nomic and social influence on the devel­ opment or redevelopment of thé areas ing the regulations for the North Ave­ § 101—20.102 Requests for space.- in which such facilities are located. nue, Cortland Street, Webster Avenue, * * * ♦ * (b) Whenever actions are proposed to North Ashland Avenue, North Damen (b) Heads of executive agencies shall: accomplish the reassignment or utiliza­ Avenue, and Belmont Avenue bridges (1) Cooperate with and assist the Ad­ tion of space through the relocation of across the North Branch of the Chicago ministrator in carrying out his respon­ an existing major workforce but do not River, Chicago, HI., to permit the draws sibilities respecting buildings and space; involve the acquisition of buildings or to be maintained in the closed position. (2) Take measures to give the Admin­ leased space, the impact on low and mod­ The operating machinery of these istrator early notice of new or changing erate income and minority employees bridges would be removed. These bridges space requirements; shall be considered when the occupancy are presently required to open on signal (3) Seek to economize in their require­ term is expected to exceed 5 years and except for morning and evening peak ments for space; and where the space to be occupied is within vehicular traffic periods. This change is (4) Review continuously their needs the defined limits of a city or town and being considered because of limited use for space in and near the District of the amount of space in relation to the of this reach of the North Branch by Columbia, taking into account the feasi­ population exceeds the indicated foot­ vessels which require the openings of bility of decentralizing services or activi­ age as follows : these bridges. ties which can be carried on elsewhere Interested persons may participate in Population Square Footage this proposed rule making by submitting without excessive costs or significane loss 0-25,000 ______Over 5,000. of efficiency. written data, views, or arguments to the 25.000- 50,000 ______Over 10,000. Commander, Ninth Coast Guard District 4. Section 101-20.102-6 is added as 50.000- 100,000 ______Over 15,000. 100.000-500,000 ______.______Over 30,000. (oan), 1240 East 9th Street, Cleveland, follows: Over 500,000______Over 50, 000. Ohio 44199. Each person submitting § 101—20.102—6 Procurement of park­ comments should include his name and ing for Government-owned vehicles. (c) The Department of Housing and address, identify the bridge, and give Urban Development shall be consulted reasons for any recommended change Agencies having a need for other than concerning the availability, on a non- in the proposal. Copies of all written temporary parking accommodations in discriminatory basis, of low- and moder­ communications received will be avail­ the urban centers listed in § 101-18.104, ate-income housing to the project area able for examination by interested per­ for Government-owned motor vehicles for those Federal employees who will sons at the office of the Commander, not regularly housed by GSA, shall, prior work in the space to be assigned or re­ Ninth Coast Guard District. to initiating procurement action for assigned when the action meets the The Commander, Ninth Coast Guard parking accommodations, make their criteria in paragraph (b) of this section. needs for such facilities known to the District, will forward any comments re­ (d) When, after consultation, it is ceived before December 10, 1971, with appropriate GSA regional office. The re­ determined: (1) There is a lack of low- quest, which may be in the form pro­ his recommendations to the Chief, Office and moderate-income housing on a non- of Marine Environment and Systems, vided for in § 101-20.102-1 (Standard discriminatory basis within reasonable Form 81, Request for Space), will be re­ who will evaluate all communications proximity, and (2) the location is not received and take final action on this viewed by GSA to determine the avail­ readily accessible from other areas of ability of Government-owned or con­ proposal. The proposed regulations may the urban center, an affirmative action be changed in the light of comments trolled space. The agency shall be noti­ plan shall be developed as described in fied promptly should no such space be received. § 101-17.104-4 with agency participation In consideration of the foregoing, it is available. This notification shall become as described in § 101-17.104-5. a part of the file supporting the sub­ proposed that Part 117 of Title 33 of the sequent procurement. (e) Whenever an agency initiates a Code of Federal Regulations be amended request for the assignment of space in by adding § 117.664(h) to read as 5. Section 101-20.103-1 (b) is revised to a specifically delineated area, they shall follows: read as follows: first determine whether there is an ade­ quate supply of low- and moderate- § 117.663 The Chicago River, the Ogden § 101-20.103—1 Assignment by GSA. Slip, the North Branch o f the Chicago ***** income housing available to the deline­ ated area in accordance with this § 101- River, the North Branch Canal, the . (b) GSA may, in accordance with pol­ South Branch, the West Fork of the 20.104. A copy of the HUD finding shall South Branch, the South Fork of the icies and directives prescribed by the be submitted to GSA with the SF81. If President, including E.O. No. 11512 of South Branch, and the West Arm of the finding shows there is a lack of suit­ South Fork o f South Branch o f the February 27,1970 (3 CFR), under section able housing, the SF81 shall state that 205(a) of the Federal Property and Ad­ Chicago River, 111.; bridges. the agency has initiated action in ***** ministrative Services Act of 1949, as accordance with § 101-20.104 (d). amended (40 U.S.C. 486(a)), and after (h) The draws of the North Avenue, consultation with the agencies affected, (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) Cortland Street, Webster Avenue, North assign and reassign space of any execu­ [FR Doc.71-15928 Filed 11-1-71;8:52 am] Ashland Avenue, North Damen Avenue,

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21064 PROPOSED RULE MAKING

«.nil Belmont Avenue bridges across* the In consideration of the foregoing, it This amendment is proposed under the North Branch of the Chicago River need is proposed to amend § 39.13 of Part 39 authority of sections 313 (a), 601, and 603 not open for the passage of vessels. How­ of the Federal Aviation Regulations by of the Federal Aviation Act of 1958 (49 ever the draws shall be returned to an adding the following new airworthiness U.S.C. 1354(a), 1421, and 1423) and of operable condition within 6 months after directive: section 6(c) of the Department of Trans­ notification from the Commandant to B r i t i s h A i r c r a f t C o r p . Applies to Model portation Act (49 U.S.C. 1655(c)). take such action. BAC 1—11 200 and 400 series airplanes Issued in Washington, D.C., on Octo­ (Sec. 5, 28 Stat. 362, as amended, sec. 6 (g) (2), equipped with AiResearch Model GTCP— ber 27, 1971. 80 stat. 937; 33 U.S.C. 499, 49 U.S.C. 1655(g) 85-115, -115C, -115K, or 115CK Auxiliary Power Units (APU). R. S. Sliff, (2); 49 CFR 1.46(c) (5) , 33 CFR 1.05-1 (c) (4) Acting Director, (35 FR. 15922)) Compliance is required as indicated. To prevent possible overheat damage of Flight Standards Service. Dated: October 27, 1971. the rear fuselage tail cone structure due to [FR Doc.71-15971 Filed ll-2-71;8:45 am] fire resulting from an APU or jet pipe as­ W. M. Benkert, sembly failure, accomplish the following: Rear Admiral, U.S. Coast Guard, (a) Check the condition of the APU tur­ Chief, Office oj Marine En­ bine bearing seals either— [ 14 CFR Part 71 1 vironment and Systems. (1) In accordance with an oil sampling [Airspace Docket No. 71—EA—126] [FR Doc.71-16013 Filed ll-2-71;8:49 am] analysis program that detects progressive deterioration of the bearing seals and that TRANSITION AREA must be approved by an FAA maintenance Proposed Alteration Federal Aviation Administration inspector within the next 25 airplane hours’ time in service after the effective date of The Federal Aviation Administration [ 14 CFR Part 39 1 this AD; or is considering amending § 71.181 of Part [Docket No. 11470] (2) In accordance with paragraphs 2.2.1, 71 of the Federal Aviation Regulations 2.2.2, and 2.2.3, BAC 1-11 Alert Service Bul­ so as to alter the Galeton, Pa., 700-foot BRITISH AIRCRAFT CORPORATION letin No. 49-A-PM 4714, Issue 4, dated March 8, 1971, or an FAA-approved equivalent, floor transition area (36 F.R. 2192). > MODEL BAC M l 200 AND 400 within the next 25 airplane hours’ time in The airspace requirements for the SERIES AIRPLANES, EQUIPPED WITH service after the effective date of this AD, Galeton, Pa. terminal area have been re­ AIRESEARCH MODEL GTCP-85- and thereafter at intervals not to exceed 25 viewed for compliance with the U.S. airplane hours’ time In service from the last Standard for Terminal Instrument 115, -115C, -115K, OR -115CK inspection. Procedures. This review requires altera­ AUXILIARY POWER UNITS (b) If a defective turbine bearing seal is tion of the Galeton, Pa. 700-foot floor found during a check required by paragraph transition area and also changes the Proposed Airworthiness Directives (a ) , before further flight, either— transition area designation from part The Federal Aviation Administration (1) Repair the APU in accordance with the applicable AiResearch Maintenance Manual time to full time. is considering amending Part 39 of the Interested parties may submit such Federal Aviation Regulations by adding or an FAA-approved equivalent; or (2) Mechanically disconnect the APU so written data or views as they may de­ an airworthiness directive applicable to that it is not possible to operate the APU on sire. Communications should be sub­ British Aircraft Corp. Model BAC 1-11 the ground or in flight and install a placard mitted in triplicate to the Director, 200 and 400 series airplanes. There have in the cockpit in dear view of - the pilot stat­ Eastern Region, Attention: Chief, Air been reports of failures of the Auxiliary ing that the APU is not to be operated. Traffic Division, Department of Trans­ Power Unit (APU) due to deterioration (c) Within the next 1,000 airplane hours’ portation, Federal Aviation Administra­ of the turbine bearing seals, resulting in time in service after the effective date of this tion, Federal Building, John F. Kennedy fire in the jet pipe and damage to the tail 'AD, unless already accomplished, either— International Airport, Jamaica, N.Y. cone structure on Model BAC 1-11 200 (1) Mechanically disconnect the APU so 11430. All communications received and 400 series airplanes. Since this con­ that it is not possible to operate the APU within 30 days after publication in the on the ground or in flight and install a dition is likely to exist or develop in F ederal R egister placard on the APU cockpit controls stating will be considered be­ other airplanes of the same type design that the APU is not to be operated; or fore action is taken on the proposed the proposed airworthiness directive (2) Modify the APU installation and tall amendment. No hearing is contemplated would require periodic inspection of the cone assembly to provide a means that auto­ at this time, but arrangements may be APU turbine bearing seals, and the re­ matically shuts down the APU when an over­ made for informal conferences with Fed­ pair or disconnection of APU’s with de­ heat condition occurs, as follows: eral Aviation Administration officials by fective bearing seals until the APU’s are (i) For airplanes equipped with a premodi­ contacting the Chief, Airspace and Pro­ modified by installing overheat sensors fication PM3520 tail cone installation, modify cedures Branch, Eastern Region. and automatic overheat shutdown provi­ the APU installation and tail cone assembly Any data or views presented during sions, and the associated tail cone in accordance with BAC 1-11 Service Bul­ such conferences must also be submitted changes are accomplished on British Air­ letin No. 49-PM4714, Part 1, Revision 1, dated November 9, 1970, and Parts 2 (a), (b), and in writing in accordance with this notice craft Corp. Model BAC 1-11 200 and 400 (d), dated November 16, 1970, or an FAA- in order to become part of the record for series airplanes. approved equivalent. consideration. The proposal contained in Interested persons are invited to par­ (ii) For airplanes equipped with a post­ this notice may be changed in the light ticipate in the making of the proposed modification PM3520 tail cone Installation, of comments received. rule by submitting such written data, modify the APU installation and tall cone The official docket will be available for views, or arguments as they may desire. assembly in accordance with BAC 1-11 Serv­ examination by interested parties at the Communications should identify the ice Bulletin No. 49-PM4714, Part 1, Revision Office of Regional Counsel, Federal Avia­ 1, dated November 9, 1970, and Parts 2 (a), tion Administration, Federal Building, docket number and be submitted in (b ) , (c), and (d), dated November 16, 1970, duplicate to the Federal Aviation Admin­ or an FAA-approved equivalent. John F. Kennedy International Airport, istration, Office of the General Counsel, (d) The checks required by paragraph (a) Jamaica, N.Y. Attention: Rules Docket, 800 Independ­ may be discontinued after the APU has been The Federal Aviation Administration, ence Avenue SW., Washington, DC 20591. disconnected in accordance with subpara­ having completed a review of the air­ All communications received on or before graph (b )(2), or subparagraph ( c ) ( 1 ) or space requirements for the terminal area December 3, 1971, will be considered by after the modification specified in subpara­ of Galeton, Pa., proposes the airspace the Administrator before taking action graph (c) (2) has been accomplished. action hereinafter set forth: upon the proposed rule. The proposals (e) Placards Installed in accordance with 1. Amend § 71.181 of Part 71, Federal contained in this notice may be changed subparagraph (b )(2), or subparagraph (c) Aviation Regulations, so as to delete the ( 1 ) may be removed after the modification description of the Galeton, Pa. 700-foot in the light of comments received. All specified in subparagraph (c) ( ) has been 2 fol­ comments will be available, both before accomplished. floor transition area and insert the and after the closing date for comments, (f) The checks required by paragraph (a) lowing in lieu thereof: in the Rules Docket for examination by constitute preventive maintenance under That airspace extending upward from 700 interested persons. FAR 43. feet above the surface within a 7-mile radius

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21065 of the center, 41*40'00" N., 77“49'15" W. 1. Amend § 71.181 of Part 71, Federal 700-foot floor transition area will be of Cherry Springs Airport, Galeton, Pa. Aviation Regulations, so as to delete the required. This amendment is proposed under description of the Lewisburg, W. Va. 700- Interested parties may submit such section 307(a) of the Federal Aviation foot floor transition area and insert the written data or views as they may desire. Act of 1958 (72 Stat. 749; 49 U.S.C. 1348) following in lieu thereof: Communications should be submitted in and section 6(c) of the Department of That airspace extending upward from 700 triplicate to the Director, Eastern Re­ Transportation Act (49 U.S.C. 1655(c)). feet above the surface within a 10.5-mile ra­ gion, Attention: Chief, Air Traffic Divi­ dius of the center (37“51'35" N., 80“23'55" sion, Department of Transportation, Issued in Jamaica, N.Y., on October 15, W.) of Greenbrier Valley Airport, Lewisburg, Federal Aviation Administration, Fed­ 1971. W. Va., extending clockwise from, the 252° eral Building, John F. Kennedy Inter­ R obert H. Stanton, bearing to the 278° bearing from the airport; national Airport, Jamaica, N.Y. 11430. Acting Chief, Eastern Region. within a 15-mile radius of Greenbrier Valley All communications received within 30 [FR Doc.71-15972 Filed ll-2-71;8:45 am] Airport, extending clockwise from the 278° bearing to the 291” bearing from the airport; days after publication in the F ederal Within a 16-mile radius of Greenbrier Valley R egister will be considered before ac­ Airport, extending clockwise from the 291” tion is taken on the proposed amendment. [ 14 CFR Part 71 1 bearing to the 301° bearing from the airport; No hearing is contemplated at this [Airspace Docket No. 71-EA-128] within a 21.5-mile radius of Greenbrier Valley time, but arrangements may be made for Airport, extending clockwise from the 301° informal conferences with Federal Avia­ TRANSITION AREA bearing to the 332° bearing from the airport; tion Administration officials by contact­ within a 22.5-mile radius of Greenbrier Valley Proposed Alteration and Revocation Airport, extending clockwise from the 332* ing the Chief, Airspace and Procedures bearing to the 347° bearing,from the airport; Branch, Eastern Region. The Federal Aviation Administration within a 23.5-mile radius of Greenbrier Valley Any data or views presented during is considering amending § 71.181 of Part Airport, extending clockwise from the 347” such conferences must also be submitted 71 of the Federal Aviation Regulations bearing to the 357” bearing from the airport; in writing in accordance with this notice so as to alter the Lewisburg, W. Va., within a 17-mile radius of Greenbrier Valley in order to become part of the record Transition Area (36 F.R. 2219) and re­ Airport, extending clockwise from the 357* for consideration. The proposal con­ voke the White Sulphur Springs, W. Va., bearing to the 030” bearing from' the airport; tained in this notice may be changed in transition area (36 F.R. 2294). within an 18.5-mile radius of Greenbrier Valley Airport, extending clockwise from the the light of comments received. A review of the airspace requirements The official docket will be available for for the Lewisburg, W. Va. terminal area 030” bearing to the 086“ bearing from the air­ port; within a 15-mile radius of Greenbrier examination by interested parties at the indicates alteration of the 700-foot floor Valley Airport, extending clockwise from the Office of Regional Counsel, Federal Avia­ transition area is required. In addition, 086“ bearing to the 143” bearing from the tion Administration, Federal Building, the controlled airspace required to pro­ airport; within a 17-mile radius of Green­ John F. Kennedy International Airport, tect aircraft executing the VOR instru­ brier Valley Airport, extending clockwise Jamaica, N.Y. ment approach procedure for Greenbrier from the 143” bearing to the 192“ bearing Airport, White Sulphur Springs, W. Va., from the airport; within a 14-mile radius of The Federal Aviation Administration, is included in the proposed alteration of Greenbrier Valley Airport, extending clock­ having completed a review of. the air­ the Lewisburg, W. Va., transition area wise from the 192” bearing to the 252” bear­ space requirements for the terminal area and the White Sulphur Springs, W. Va., ing from the airport; within 3 miles each of Washington, D.C., proposes the air side of the 216” bearing from the Lewisburg, space action hereinafter set forth: transition area can therefore be revoked. W. Va., RBN (37“46'52" N„ 80“28'10" W.) ex­ Interested parties may submit such tending from the RBN to 8.5 miles southwest 1. Amend § 71.181 of Part 71 of the written data or views as they may desire. and within 3 miles each side of the White Federal Aviation Regulations so as to Communications should be submitted in Sulphur Springs, W. Va., VOR 115” radial, amend the Washington, D.C. 700-foot triplicate, to the Director, Eastern Re­ extending from the VOR to 8.5 miles floor transition area by inserting, gion, Attention: Chief, Air Traffic Divi­ southeast. “ ; within a 6.5-mile radius of the center sion, Department of Transportation, 2. Amend § 71.181 of Part 71, Federal of 38°43'30" N., 77°31'00" W., of Manas­ Federal Aviation Administration, Fed­ Aviation Regulations, so as to revoke the sas Municipal Airport (Harry P. Davies eral Building, John F. Kennedy Inter­ White Sulphur Springs, W. Va., 700-foot Field), Manassas, Va., and within 2.5 national Airport, Jamaica, N.Y. 11430. floor transition area. miles each side of a line bearing 329° All communications received within 30 This amendment is proposed under sec­ from the airport geographical position days after publication in the F ederal tion 307(a) of the Federal Aviation Act to a point 12 miles northwest of said Register will be considered before action of 1958 (72 Stat. 749; 49 U.S.C. 1348) and position;” following, “ 39°05'32" N., is taken on the proposed amendment. section 6(c) of the Department of Trans­ 77°27'30" W.,”. No hearing is contemplated at this portation Act (49 U.S.C. 1655(C)). This amendment is proposed under sec­ tune, but arrangements may be made for Issued in Jamaica, N.Y., on October 15, tion 307(a) of the Federal Aviation Act informal conferences with Federal Avi­ of 1958 (72 Stat. 749; 49 U.S.C. 1348) and ation Administration officials by con­ 1971. R obert H. Stanton, section 6(c) of the Department of Trans­ tacting the Chief, Airspace and Proce­ portation Act (49 UJ3.C. 1655(c)). dures Branch, Eastern Region. Acting D irector, Eastern Region. Any data or views presented during [FR Doc.71-15973 Filed ll-2-71;8:46 am] Issued in Jamaica, N.Y., on October 15, such conferences must also be submitted 1971. in writing in accordance with this notice R obert H. S tanton, in order to become part of the record [ 14 CFR Part 71 1 Acting Director, Eastern Region. lor consideration. The proposal con- [Airspace Docket No. 71-EA-140] [FR Doc.71-15974 Filed ll-2 -71 ;8 :46 am] in this notice may be changed 111 the light of comments received. TRANSITION* AREA The official docket will be available Proposed Alteration [ 14 CFR Part 71 1 tor examination by interested parties at [Airspace Docket No. 71-SW-68] me Office of Regional Counsel, Federal The Federal Aviation Administration Aviation Administration, Federal Build- is considering amending § 71.181 of Part CONTROL ZONE AND TRANSITION ins', John f . Kennedy International Air- 71 of the Federal Aviation Regulations AREA Port, Jamaica, N.Y. so as to alter the Washington, D.C., tran­ The Federal Aviation Administration, sition area (36 F.R. 2290, 36 FJt. 9130). Proposed Alteration navmg completed a review of the air- A 'new RNAV instrument approach The Federal Aviation Administration “P®«e requirements for the terminal procedure for Manassas Municipal Air­ is considering amending Part 71 of the of Lewisburg, W. Va., and White port (Harry P. Davies Field) was author­ Federal Aviation Regulations to alter uiphur Springs, W. Va., proposes the ized recently. To provide controlled air­ controlled airspace in the Tucumcari, ««Pace action hereinafter set forth: space for this procedure, alteration of the N. Mex., terminal area.

No. 212------7 FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21066 PROPOSED RULE MAKING

Interested persons may submit such on September 13, 1971, and published in written data, views, or arguments as they FEDERAL COMMUNICATIONS the F ederal R egister on September 18, may desire. Communications should be 1971, 36 F.R. 18664. The date for filing submitted in triplicate to the Chief, Air COMMISSION comments and reply comments are pres­ Traffic Division, Southwest Region, Fed­ ently October 22, 1971, and November 2, eral Aviation Administration, Post Office E 47 CFR Part 73 1 1971, respectively. Box 1689, Fort Worth, TX 76101. All [Docket No. 19297] 2. On October 22, 1971, Thomas E. communications received within 30 days Webb filed a request for a 45-day exten­ after publication of this notice in the CERTAIN FM BROADCAST STATIONS; sion in which to file comments. He F ederal R egister will be considered be­ TABLE OF ASSIGNMENTS states that the additional time is neces­ fore action is taken on the proposed sary so that he can produce the needed amendment. No public hearing is con­ Order Extending Time for Filing Reply preclusion showing. templated at this time, but arrangements Comments 3. We are of the view that the re­ for informal conferences with Federal In the matter of amendment of quested extension of time is warranted Aviation Administration officials may be § 73.202, Table of Assignments, FM Broad­ and would serve the public interest. Ac­ made by contacting the Chief, Air Traffic cast Stations (Modesto, Turlock, and cordingly, it is ordered, That the time Division. Any data, views, or arguments Patterson, Calif.; Albuquerque, N. Mex.; for filing comments in the above docket, presented during such conferences must Centerville, Iowa; and Milford, Del.) RM-1778 only, is extended to and includ­ also be submitted in writing in accord­ RM-1611, RM—1612, RM-1622, RM-1625, ing December 10, 1971, and December 22, ance with this notice in order to become and RM—1661. 1971, for the filing of reply comments. part of the record for consideration. The 1. This proceeding was begun by 4. This action is taken pursuant to proposal contained in this notice may be notice of proposed rule making (FCC 71- authority found in sections 4(i) and changed in the light of comments 802) adopted August 4, 1971, released 303 (r) of the Communications Act of received. August 9, 1971, and published in the 1934, as amended, and § 0.281 (d) (8) of The official docket will be available F ederal R egister on August 12, 1971, 36 the Commission’s rules and regulations. for examination by interested persons F.R. 15057. The date for comments has at the Office of the Regional Counsel, expired and'the date for filing reply com­ Adopted: October 27, 1971. Southwest Region, Federal Aviation Ad­ ments has been designated as Octo­ Released: October 28, 1971. ministration, Fort Worth, Tex. An in­ ber 15, 1971. formal docket will also be available for 2. On October 8,1971, Hubbard Broad­ [seal] W allace E. Johnson, examination at the Office of the Chief, casting, Inc. (Hubbard), filed a request Chief, Broadcast Bureau. Air Traffic Division. for extension to and including Novem­ [FR Doc.71-16004 Filed ll-2-71;8:48 am] It is proposed to amend Part 71 of the ber 15, 1971, in which to file reply com­ Federal Aviation Regulations as herein­ ments. Hubbard states that the present after set forth. work schedule of its consulting engineer (1) In §71.171 (36 F.R. 2055), the prohibits analysis of the engineering FEDERAL HOME LOAN BANK BOARD Tucumcari, N. Mex., control zone is statements filed within the required [1 2 CFR Part 546 1 amended to read: reply date. T u c u m c a r i , N. M e x . 3. We are of the view that the addi­ [No. 71-1115] That airspace within a 6-mile radius of the tional time requested is warranted and FEDERAL SAVINGS AND LOAN would serve the public interest. Accord­ Tucumcari Municipal Airport (latitude SYSTEM 35°10'50" N., longitude 103°35'15" W.); ingly, it is ordered, That the time for within 2.5 miles each side of the Tucumcari, filing reply comments in RM-1612 and Mergers by Federal Savings and Loan N. Mex., VORTAC 033° radial extending' RM-1625 only is extended to and includ­ Associations beyond the 6-mile radius zone to a point 6.5 ing November 15, 1971. miles northeast of the VORTAC; and within O ctober 26, 1971. 2.5 miles each side of the Tucumcari, N. Mex., 4. This action is taken pursuant to VORTAC 078° radial extending beyond the authority found in sections 4 (i), 5(d) (1), Resolved That the Federal Home Loan 6-mile radius zone to a point 6.5 miles east of and 303 (r) of the Communications Act Bank Board considers it desirable to the VORTAC. of 1934, as amended, and § 0.281(d) (8) amend Part 546 of the rules and regula­ of the Commission’s rules and regula­ tions for the Federal Savings and Loan (2) In §71.181 <36 F.R. 2140), the tions. System (12 CFR Part 546) for the pur­ Tucumcari, N. Mex., transition area is poses of (1) requiring the publication of amended to read: Adopted: October 27,1971. notice of the filing by Federal savings and T u c u m c a r i , N. M e x . Released: October 28, 1971. loan associations of certain merger appli­ cations and (2) providing for public That airspace extending upward from 700 [seal] W allace E. J ohnson, inspection of such applications. Accord­ feet above the surface within a 10.5-mile Chief, Broadcast Bureau. radius of the Tucumcari Municipal Airport ingly, the Federal Home Loan Bank (latitude 35°10'50" N., longitude 103°36'15" [FR Doc.71-16003 Filed 11-2-71;8:48 am] Board proposes to amend said Part 546 W.). as follows: The instrument approach procedures [ 47 CFR Part 73 1 1. By revising the introductory text of at Tucumcari, N. Mex., Municipal Air­ § 546.1 and by adding, immediately after port have been revised in accordance [Docket No. 19315] paragraph (c) in § 546.1, a new para­ with Terminal Instrument Procedures CERTAIN FM BROADCAST STATIONS; graph (d), to read as follows: (TERPs) and the associated controlled TABLE OF ASSIGNMENTS § 546.1 Definitions. airspace has been altered to conform to TERPs and airspace criteria. Order Extending Time for Filing As used in §§ 546.1-1, 546.2, and 546.3, the following terms have the following This amendment is proposed under the Comments and Reply Comments meanings : authority of section 307(a) of the Fed­ eral Aviation Act of 1958 (49 U.S.C. 1348) In the matter of amendment of * * * * * § 73.202(b), Table of Assignments, FM (d) “Supervisory Agent” means the and of section 6(c) of the Department Broadcast Stations (Hilton Head Island, of Transportation Act (49 U.S.C. 1655 President of the Federal Home Loan S.C., Onawa, Iowa, Emmett, Idaho, Bank of the district in which the result­

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21067

§ 546.1—1 Public inspection. approval of a merger is complete, the preceding sentence or waive the right (a) An application for approval by the Supervisory Agent shall advise the ap­ to file such information. Information Board of a merger, and the fact that such plicants, in writing, to publish, within may be submitted in connection with àn an application has been filed, shall be 10 days from the date of such advice, in application only as provided in this sec­ held as confidential prior to the issuance a newspaper or newspapers printed in tion, unless additional information is re­ of advice to publish notice of the filing of the English language and having general quested by the Supervisory Agent or such application as provided in subpara­ circulation in the community or com­ otherwise by or on behalf of the Board. graph (2) of paragraph (c) of § 546.2. munities being served by the merging Four copies shall be furnished of any Should the applicants desire to submit associations and the resulting associa­ communication or information filed pur­ any information deemed to be of a confi­ tion, a notice of the filing of the applica­ suant to this subparagraph. dential nature in connection with such tion in the following form : (5) Upon receipt of such application, application, such information shall be N o t i c e o p P i l i n g o p M e r g e r A p p l i c a t i o n the Board will (i) disapprove the merger; (ii) approve the merger; or (ili) with­ separately bound and labeled “confiden­ Notice is hereby given that, pursuant to tial”. Only general reference thereto shall the provisions of § 546.2 of the rules and hold final action but recommend mod­ be made in the portions of the applica­ regulations for the Federal Savings and Loan ifications of the plan of merger as tion for which the applicants do not System, th e ------Federal Savings and submitted; if the modifications recom­ claim confidential status. The Super­ Loan Association,______mended by the Board are accepted by the visory Agent shall determine, pursuant to (City) (State) directors of each of the associations, they the policies contained in Part 505 of this and t h e ------»— Savings and Loan As­ shall thereupon amend such merger sociation, ------______have agreement accordingly and shall submit chapter and any guidelines or instruc­ (City) (State) tions issued by the Board, whether any filed an application with the Federal Home the amended merger agreement in the such information deemed by the appli­ Loan Bank Board for permission to merge, same manner as provided in subpara­ cants to be of a confidential nature will ______Savings and Loan Association graph (1) of this paragraph. be so considered and shall advise the ap­ to be the resulting association, operating un­ (6) Subparagraphs (2), (3 ),and (4) of plicants of such determination prior to der the (same name) (name o f ______this paragraph shall not apply to mergers or at the time of the issuance by such Savings and Loan Association). The resulting instituted for supervisory reasons. association intends to have its home office Supervisory Agent of advice to publish at ______***** notice of the filing of the application. (Street address) (City) (Sec. 5, 48 Stat. 132, as amended; 12 ÜS.C. (b) After the issuance of advice to ------and to maintain a branch office 1464. Reorg. Plan No. 3 of 1947, 12 F.R. 4981, publish the notice prescribed in sub- (State) 3 CFR, 1943-48 Comp., p. 1071) paragraph (2) of paragraph (c) of (or branch offices) at the following location (or locations) : ______, Resolved further that interested per­ § 546.2, the application, all information sons are invited to submit written data, submitted with such application other (Street address) ------The application views, and arguments to the Office of than information deemed by the Super­ (City) (State) the Secretary, Federal Home Loan Bank visory Agent to be confidential, and all has been delivered to the office of the Super­ Board, 101 Indiana Avenue NW., Wash­ comunications in favor or in protest of visory Agent of the said Board, located at the ington, DC 20552, by December 3, 1971, such application shall be available at the Federal Home Loan Bank o f ______as to whether this proposal should be office of the Supervisory Agent during (City) regular working hours for inspection by ------Any adopted, rejected, or modified. Written any person. (Street address) (City) material submitted will be available for (c) Even though portions of an appli­ person may file communications, Including public inspection at the above address cation, or other information submitted briefs, in favor or in protest of said applica­ unless confidential treatment is requested in connection with such application, are tion at the aforesaid office of the Supervisory or the material would not be made avail­ Agent within 10 days (or within 30 days if able to the public or otherwise disclosed determined pursuant to paragraph (a) advice is filed within the first 10 days stating of this section to be confidential as far as under § 505.6 of the general regulations that more time is needed to furnish addi­ of the Federal Home Loan Bank Board public inspection thereof is concerned, tional information) after the date of thi« (12 CFR 505.6). the Board may comment on such confi­ publication. Four copies of any communica­ dential submissions in any public state­ tion should be filed. The application, infor­ By the Federal Home Loan Bank ment in connection with its decision on mation submitted therewith, and all com­ Board. the application, without prior notice to munications in favor or in protest thereof the applicants. are available for inspection by any person at [ seal] Eugene M. Herrin, the aforesaid office of the Supervisory Agent Assistant Secretary. (d) All recommendations by Super­ in accordance with the provision» of § 546.1—1 visory Agents and by officers and em­ of the rules and regulations for the Federal [FR Doc.71-16036 Filed ll-2-71;8:51 am] ployees of the Board in connection with Savings and Loan System. such applications shall be deemed to be ------Federal Savings pnvileged and confidential and subject and Loan Association______[1 2 CFR Part 563 1 to the provisions of § 505.6 of this ------Savings [No. 71-1116] chapter. and Loan Association______'___ _ FEDERAL SAVINGS AND LOAN * c3J„By revlsing paragraph (c) of (3) Promptly after publication of said S 546.2 to read as follows: notice or notices, the applicants shall INSURANCE CORPORATION §546.2 Procedure; effective date. transmit two copies thereof to the Su­ Mergers, Consolidations, or Purchases pervisory Agent accompanied by two ***** copies of a publisher’s affidavit of of Bulk Assets (c) (l ) Application for approval by thepublication. O ctober 26,1971. “oard of the merger as provided by the (4) Within 10 days (or within 30 days Resolved that the Federal Home Loan said merger agreement shall be made by if advice is filed within 10 days stating Bank Board considers it desirable to dung with the Federal Home Loan Bank that more time is needed to furnish addi­ amend Part 563 of the rules and regula­ m o k 10*1 resulting association is a tional information) after the date of tions for Insurance of Accounts (12 CFR **w®ber, two copies of'the merger agree­ publication of said notice, any person ment, properly executed in the name of Part 563) foi* the purposes of (1) requir­ may file, at the office of the Supervisory ing the publication of notice of the filing ne respective associations, and two certi- Agent designated in the notice, commu­ Copies of such portions of the minutes of applications concerning certain nications, including briefs, in favor or in mergers, consolidations, or purchases of nf meetines of the respective boards protest of the application. In the event bulk assets, and (2) providing for public a* directors as relate to the considera- any communication is filed in protest of inspection of such applications. Accord­ tfrsuch

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21068 PROPOSED RULE MAKING

§ 563.22 Merger, consolidation, or pur­ the provisions of § 563.22 of the rules and shall be available at the office of the su­ regulations for Insurance of Accounts. pervisory agent during regular working chase o f bulk assets. hours for inspection by any person. (a) No insured institution may at any (Applicant) (3) Even though portions of an appli­ time increase its accounts of an insur­ (Party to this transaction cation, or other information submitted able type as a part of any merger or con­ other than applicant) in connection with such application, are solidation with another institution or determined pursuant to subparagraph through the purchase of bulk assets, (2) Promptly after publication of said (1) of this paragraph to be confidential without application to and approval by notice or notices, the applicant shall as far as public inspection thereof is the Corporation. Application for such ap­ transmit two copies thereof to the su­ concerned, the corporation may comment proval shall be submitted in duplicate pervisory agent accompanied by two cop­ on such confidential submissions in any upon forms prescribed by the Corpora­ ies of a publisher’s affidavit of publica­ public statement in connection with its tion and such information shall be fur­ tion. " decision on the application, without prior nished therewith as the Corporation may (3) Within 10 days (or within 30 days notice to the applicant. require. if advice is filed within 10 days stating (4) All recommendations by supervi­ (b) All requests by interested persons that more time is needed to furnish ad­ sory agents and by officers and employees for advice or instructions with respect to ditional information) after the date of of the corporation in connection with any matter arising under this section publication of said notice, any person such applications shall be deemed to be shall be addressed to the Corporation’s may file, at the office of the supervisory privileged and confidential and subject Supervisory Agent. As used in this sec­ agent designated in the notice, communi­ to the provisions of § 505.6 of this tion, the term “Supervisory Agent” means cations, including briefs, in favor or in chapter. protest of the application. In the event the President of the Federal Home Loan (Secs. 402, 403, 48 Stat. 1256, 1257, as Bank of the district in which the appli­ any communication is filed in protest of amended; 12 U.S.O. 1725, 1726. Reorg. Plan cant institution is located or any other the application, the applicant may file No. 3 of 1947, 12 F.R. 4981, 3 CFR, 1943-48 officer or employee of such bank desig­ information relevant to such protest Comp., p. 1071) nated by the Board as agent as provided within 15 days after the last date for by § 501.10 or § 501.11 of this chapter. filing communications pursuant to the Resolved further that interested per­ preceding sentence or waive the right to sons are invited to submit written data, (c) (1) Upon determination by the Su­ views, and arguments to the Office of pervisory Agent that an application pur­ file such information. Information may be submitted in connection with an ap­ the Secretary, Federal Home Loan Bank suant to paragraph (a) of this section is Board, 101 Indiana Avenue, NW., Wash­ complete, the Supervisory Agent shall plication only as provided in this sec­ tion, unless additional information is ington, DC 20552, by December 3, 1971, advise the applicant, in writing, to pub­ as to whether this proposal should be lish, within 10 days from the date of such requested by the supervisory agent or otherwise by or on behalf of the Board. adopted, rejected, or modified. Written advice, in a newspaper or newspapers material submitted will be available for printed in the English language and hav­ Four copies shall be furnished of any communication or information filed pur­ public inspection at the above address ing general circulation in the community unless confidential treatment is requested or communities being served by the ap­ suant to this subparagraph. (4) This paragraph shall not apply to or the material would not be made avail­ plicant institution and the other institu­ able to the public or otherwise disclosed tion to be merged, consolidated, or whose any application for an increase of ac­ under § 505.6 of the general regulations counts of an insurable type that arises assets are to be sold, a notice of the filing of the Federal Home Loan Bank Board of the application in the following form: out of a merger, consolidation, or pur­ chase of assets instituted for supervisory (12 CFR 505.6). N o t i c e o p F i l i n g o p A p p l i c a t i o n T o I n c r e a s e A c c o u n t s o f a n I n s u r a b l e T y p e P u r s u ­ reasons. By the Federal Home Loan Bank a n t t o ( M e r g e r , C onsolidation , o r P u r ­ (d)(1) An application pursuant to Board. c h a s e o f A s s e t s ) paragraph (a) of this section and the [ seal] Eugene M. H errin, Notice is hereby given that, pursuant to fact that such an application has been Assistant Secretary. the provisions of § 563.22 of the rules and filed, shall be held as confidential prior [FR Doc.71-16037 Filed ll-2-71;8:51 am] regulations for Insurance of Accounts, to the issuance of advice to publish notice t h e ------of the filing of such application as pro­ (Name of applicant) (City) vided in paragraph (c) (1) of this sec­ ______has filed an application with tion. Should the applicant desire to sub­ (State) NATIONAL AERONAUTICS AND the Federal Savings and Loan Insurance mit any information deemed to be of a Corporation for permission to increase its confidential nature in connection with accounts of an insurable type as a part of such application, such information shall SPACE ADMINISTRATION a (merger with) (consolidation with) (pur­ be separately bound and labeled “confi­ chase of bulk assets of ) ______dential.” Only general reference thereto [1 4 CFR Part 1245 1 shall be made in the portions of the ap­ NASA PATENT LICENSING (Name of party to such transaction plication for which the applicant does other than applicant) REGULATIONS ______The application not claim confidential status. The su­ (City) (State) pervisory agent shall determine, pursu­ Notice of Proposed Rule Making has been delivered to the office of the Su­ ant to the policies contained in Part 505 Notice is hereby given that all persons pervisory Agent of the said Corporation, lo­ of this chapter and any guidelines or in­ desiring to submit written comments or cated at the Federal Home Loan Bank structions issued by the corporation, suggestions respecting the proposed re­ of ______, ------;------, whether any such information deemed by visions to NASA Patent Licensing Regu­ (City) (Street address) the applicant to be of a confidential na­ lations (Title 14, Chapter' V, Part 1245, ______Any person may file communi- ture will be so considered and shall ad­ (City) Subpart 2: 27 F.R. 10446-10448, October vise the applicant of such determination 26, 1962) hereinafter set forth may do so cations, including briefs, in favor or in pro­ prior to or at the time of the issuance by test of said application at the aforesaid of­ by filing them witli the General Counsel» fice of the Supervisory Agent within 10 days such supervisory agent of advice to pub­ National Aeronautics and Space Admin­ (or within 30 days if advice is filed within the lish notice of the filing of the application. istration, Washington, D.C. 20546, not first 10 days stating that more time is (2) After the issuance of advice tolater than the 30th day following date oi needed to furnish additional information) publish the notice prescribed in para­ publication of this notice in the Fed* after the date of this publication. Four cop­ graph (c) (1) of this section, the applica­ eral R egister. ies of any communication should be filed. tion, all information submitted with such The application, information submitted § 1245.200 Scope o f subpart. therewith, and all communications in favor application other than information or in protest thereof are available for inspec­ deemed by the supervisory agent to be This proposed Subpart 1245.2 pr®^ tion by any person at the aforesaid office confidential, and all communications in scribes the terms, conditions and pro­ of the Supervisory Agent in accordance with favor or in protest of such application cedures for licensing inventions covered

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21069

by U.S. patents and patent applications achieve early practical application of the period of exclusivity is necessary to bring for which the Administrator of the Na­ invention.. the invention to practical application tional Aeronautics and Space Admin­ (c) The Administrator, in determin­ and that it is in the public interest to istration holds title on behalf of the ing whether to grant an exclusive license, grant such license. United States. will consider the necessity for further (2) The license may be granted for all § 1245.201 Definitions. technical and market development of the or less than all fields of use of the in­ invention, the capabilities of prospective vention, and throughout the United For the purpose of this subpart, the licensees, their proposed plans to under­ States of America, its territories and pos­ following definitions apply: take the required investment and devel­ sessions, Puerto Rico, and the District of (a) “NASA invention” means any in­ opment, the impact on competitors, and Columbia, or in any lesser geographic vention covered by a U.S. patent or patent the benefits of the license to the Gov­ portion thereof. application for which the Administrator ernment and to the public. Consideration (3) The duration of the license shall of NASA holds title on behalf of the may also be given to assisting small busi­ be negotiated, but shall be for a period United States and is designated by the nesses and minority business enter­ of less than the terminal portion of the Administration as appropriate for the prises, as well as economically depressed, patent; and, the period of exclusivity grant of a nonexclusive or exclusive li­ low income and labor surplus areas. shall be related to the period necessary censees) . (d) All licenses for NASA inventions to provide a reasonable incentive to in­ (b) “To practice an invention” means shall be by express written instruments. vest the necessary risk capital. to make, have made, use or have used, No license shall be granted or implied (4) The license shall require the li­ sell or have sold, or otherwise dispose of in a NASA invention except as provided censee to practice the invention within a according to law any machine, manu­ for in § 1245.203 and any existing or fu­ period specified in the license and then facture or composition of matter physi­ ture treaty or agreement between the to achieve practical application of the cally embodying the invention, or to use United States and any foreign govern­ invention. or have used the process or method com­ ment. (5) The license shall require the li­ prising the invention. censee to expend a specified minimum (c) “Practical application” means the § 1245.203 Types o f licenses and condi­ tions for licensing. sum of money and/or to take other speci­ manufacture in the case of a composi­ fied actions, within indicated period(s) tion or product, the practice in the case (a) General. NASA inventions will after the effective date of the license, of a process, or the operation in the normally be made available for the grant in an effort to achieve practical appli­ case of a machine, under such conditions of licenses to responsible applicants ac­ cation of the invention. as to establish that the invention is being cording to the circumstances and con­ (6) The license shall be subject to at utilized and that its benefits are reason­ ditions set forth in paragraphs (b), (c), least an irrevocable royalty-free right ably accessible to the public. and (d) of this section. of the Government of the United States (d) The “Administrator” means the (b) Nonexclusive licenses. (1) Each to practice and have practiced the in­ Administrator of the National Aeronau­ NASA invention will be made available vention throughout the world by or on tics and Space Administration, or his to responsible applicants for nonexclu­ behalf of the Government of the United designee. sive, revocable licensing in accordance States and on behalf of any foreign gov­ (e) “Government” means the Gov­ with § 1245.205(b), consistent with the ernment pursuant to any existing or ernment of the United States of America. provisions of any exclusive license in future treaty or agreement with the (f) The “Inventions and Contribu­ force. United States. tions Board” means the NASA Inven­ (2) The term of the license shall be (7) The license may reserve to the tions and Contributions Board estab­ for a period as specified in the license. Administrator, NASA, the right to re­ lished by the Administrator of NASA (3) The license shall require the li­ quire the granting of a license to re­ within the Administration under section censee to practice the invention for the sponsible applicant (s) on terms that are 305 of the National Aeronautics and duration of the license and to achieve reasonable under the following circum­ Space Act of 1958 as amended (42 U.S.C. the practical application of the invention. stances: (i) To the extent that the in­ 2457). (4) The license shall be granted to all vention is required for public use by or part of the rights in ah invention § 1245.202 Basic considerations. Government regulations, or (ii) as may: throughout the United States of Amer­ be necessary to fulfill health or safety (a) Much of the new technology re­ ica, its territories and possessions, Puerto needs, or (iii) for other public purposes sulting from NASA sponsored research Rico, and the District of Columbia, or stipulated in the license. and development in aeronautical and in any lesser geographic portion thereof. (8) The license shall be nontransfer- space activities has secondary applica­ (5) The license shall extend to the sub­ able except to the successor of that part tion in other fields. NASA has special au­ sidiaries and affiliates of the licensee and of the licensee’s business to which the thority and responsibility under the Na­ shall be nonassignable without approval invention pertains. tional Aeronautics and Space Act of 1958, of the Administrator, NASA, except to (9) Subject to the approval of the Ad­ as amended (42 U.S.C. 2451), to provide the successor of that part of the licensee’s ministrator, the licensee may grant sub­ for the widest practical dissemination business to which the invention pertains. licenses under the license. Each sub­ and utilization of this new technology. (c) Exclusive licenses. (1) An exclu­ license granted by an exclusive licensee In addition, NASA has been given unique sive license may be granted on a NASA shall make reference to and shall provide requirements to obtain patents and pro­ invention, provided that: that the sublicense is subject to the terms tect the inventions resulting from NASA (i) The Administrator, NASA, has de­ of the exclusive license including the activities and to determine and promul­ termined (a) that the invention has not rights retained by the Government under gate licensing regulations to encourage been brought to practical application; or the exclusive license. A copy of each sub­ commercial use of these inventions. that the invention has not been brought license shall be furnished to the NASA inventions will best serve to practical application in certain fields Administrator. the interests of the United States when of use or in certain geographical loca­ (10) A license may require the li­ they are brought to practical application tions, and (5) that the practical applica­ censee or sublicensee under an exclusive ® the shortest time possible. Although tion is not likely to be achieved expedi­ license to obtain the approval of the Ad­ NASA encourages the nonexclusive tiously under a nonexclusive license or as ministrator prior to use of any advertis­ hcensing of its inventions to promote a result of further Government-funded ing or markings regarding the invention competition and achieve their widest efforts; and which refers to the license or to NASA. Possible utilization, the commercial de­ (ii) The invention has been published (11) The license may be subject to velopment of certain NASA inventions for at least 9 months as available for such other reservations as may be in the calls for a substantial capital investment licensing pursuant to § 1245.204 or the public interest. wmch private manufacturers may be un- patent has been issued for at least 6 (d) License to contractor. There is Jhung to risk under a non-exclusive li- months, whichever is earlier. However, a hereby granted to the contractor report­ cense. it is the policy of NASA to seek limited exclusive license may be granted ing an invention, made in the perform­ exclusive licensees when such licenses at any time on a NASA invention when ance of work under a contract of NASA wm provide the necessary incentive to the administrator determines that a in the manner specified in section 305(a)

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21070 PROPOSED RULE MAKING

(1) or (2) of the National Aeronautics the practical application of the inven­ with the requirements of §§ 1245.205 and and Space Act of 1958 as amended (42 tion; and, 1245.206 shall be returned to the U.S.C. 2457(a)(1) or (2)), a revocable, (9) A statement indicating the mini­applicant. nonexclusive, royalty-free license for the mum term of years the applicant desires (b) Recommendations of Inventions practice of such invention, together with to be licensed. and Contributions Board. The Inventions the right to grant sublicenses for the § 1245.206 Application for exclusive and Contributions Board shall, in ac­ same scope to the extent the contractor license. cordance with the criteria of § 1245.203, was legally obligated to do so at the time evaluate all applications for license for­ the contract was awarded. Such license (a) Submission of application. An ap­ warded by the Assistant General Counsel and right is nontransferable except to the plication for exclusive license may be for Patent Matters. Based upon the facts successor of that part of the contractor’s submitted to NASA at any time. An ap­ presented to the Inventions and Contri­ business to which the invention pertains. plication for exclusive license under a butions Board in the application and any The term “contract” as used in this sub- NASA invention shall -be addressed to other facts in its possession, the Inven­ paragraph (d) does not include a license the NASA Assistant General Counsel for tions and Contributions Board shall rec­ granted. Patent Matters. ommend to the Administrator (1) (e) Other licenses. Subject to any out­ (b) Contents of an application for ex­ whether a nonexclusive or exclusive li­ standing licenses, nothing in this Sub­ clusive license. In addition to the re­ cense should be granted, (2) the part 1245.2 shall preclude the Adminis­ quirements set forth in § 1245.205, an identity of the licensee, and (3) any trator from granting other licenses for application for an exclusive license shall special terms or conditions of the license. include: NASA inventions, when he determines (c) Determination of Administrator— that to do so would provide for an (1) Applicant’s status, if any, in any one or more of the following categories: (1) General. The Administrator shall re­ equitable distribution of rights. The fol­ view the recommendations of the Inven­ lowing exemplify circumstances wherein (1) Small business firm; (ii) Minority business enterprise; tions and Contributions Board and de­ such licenses may be granted: termine whether to grant the license in (1) In consideration of the settlement (iii) Location in a surplus labor area; (iv) Location in a low income urban accordance with the recommendations of of an interference; the Inventions and Contrbutions Board. (2) In consideration of a release of a area; and (v) Location in an area designated (2) nonexclusive license. If the Ad­ claim of infringement; or ministrator determines that the best in­ (3) In exchange for or as part of the by the Government? as economically consideration for a license to the Govern­ depressed. terest of the United States would be ment under adversely held patent (s). (2) A statement indicating the time, served by granting of a nonexclusive li­ expenditure and other acts which the ap­ cense for the specific NASA inventions, § 1245.204 Publication of NASA inven­ plicant considers necessary to achieve the nonexclusive license shall be granted tions available for license. practical application of the invention, to the applicant. The Administrator will publish peri­ and the applicant’s offer to invest that (3) Exclusive license. If the Admin­ odically a notice in the F e d e r a l R e g is t e r sum and to perform such acts if the istrator determines that the best interest listing NASA inventions available for li­ license is granted; of the United States will be served by censing. The publication will be updated (3) A statement whether the appli­ the granting of an exclusive license in from time-to-time to include directly, or cant would be willing to accept a license accordance with the basic consideration by reference to a previous publication, for all or less than all fields of use of set forth in §§ 1245.202 and 1245.203, a all inventions currently available for the invention throughout the United notice shall be published in the F ederal licensing. States of America, its territories and R e g is t e r r nnouncing the intent to grant possessions, Puerto Rico, and the Dis­ the exclusive license, the identity of the § 1245.205 Application for nonexclu­ trict of Columbia, or in any lesser geo­ contemplated licensee, the identification sive license. graphic portion thereof; of the invention, and special terms or (a) Submission of application. An ap­ (4) A statement indicating the amount conditions, and a statement that NASA plication for nonexclusive license under of royalty fees or other consideration, if will grant the exclusive license unless a NASA invention shall be addressed any, the applicant would be willing to within 30 days of the publication of such (1) to the NASA Patent Counsel of the pay the Government for the exclusive notice the Inventions and Contributions NASA installation having cognizance license; and Board receives in writing any of the fol­ over the NASA invention for which a (5) Any other facts which the appli­ lowing together with supporting docu­ license is desired or (2) to the NASA cant believes to show it to be in the in­ mentation: Assistant General Counsel for Patent terests of the United States of America (i) A notification from a nonexclusive Matters. for ttie Administrator to grant an exclu­ licensee of the specific invention that he (b) Contents of an application for sive license rather than a nonexclusive has already brought or is likely to bring nonexclusive license. An application for license and that such an exclusive license the invention to practical application a nonexclusive license under a NASA in­ should be granted to the applicant. within a reasonable period without an vention shall include: exclusive license; or (1) Identification of invention for § 1245.207 Processing applications for license. (ii) A written notification from any which license is desired, including the person setting forth reasons why it would patent application serial' number or (a) Initial review. Applications for not be in the best interest of the United patent number, title and date, if known; nonexclusive and exclusive license will be States to grant the proposed exclusive (2) Name and address of company or reviewed by the Patent Council of the license; or organization applying for license; NASA installation having cognizance for (iii) An application for a nonexclusive (3) Name and address of representa­ the NASA invention and the NASA As­ tive of applicant to whom correspond­ sistant General Counsel for Patent Mat­ license under such invention, in accord­ ence should be sent; ters, to determine the conformity and ance with § 1245.205(b), in which appli­ (4) Nature and type of applicant’s appropriateness of the application for cant states that he has already brought or is likely to bring the invention to prac­ business; license and the specific NASA invention. tical application within a reasonable (5) Number of employees; The Assistant General Counsel for Patent (6) Purpose for which license is Matters will forward all applications for period. desired; license conforming §§ 1245.205 and 1245.- Upon the expiration of the 30-day (7) A statement that contains the ap­ 206 to the NASA Inventions and Contri­ period contained in the notice required plicant’s best knowledge of the extent butions Board together with an opinion by subparagraph (3) of this paragraph, to which the invention is being practiced on (1) whether the invention is appro­ the Administrator shall review all writ­ by private industry and the Government; priate for consideration of the requested ten responses to the notice and shall de­ (8) A description of applicant’s capa­ license and (2) whether the license termine whether to grant the exclusive bility and plan to undertake the develop­ should be granted to the applicant. Ap­ license or one or more nonexclusive li­ ment and marketing required to achieve plications for license not conforming censes for the NASA invention.

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21071

(d) Negotiation of terms. The terms appeal to Chairman, Inventions and and conditions of licenses will be nego­ Contributions' Board. Any person filing INTERSTATE COMMERCE tiated by the Office of General Counsel, an appeal shall be afforded an opportun­ NASA, and the selected licensee. ity to be heard before the Inventions and COMMISSION § 1245.208 Royalties and fees. Contributions Board, and to offer evi­ dence in support of his appeal. The pro­ [ 49 CFR Part 1047 ] (a) Normally, a nonexclusive license cedures to be followed in any such mat­ [No. MC-C-4000 (Sub-No. 5) ] for a NASA invention will not require the ter shall be determined by the Adminis­ payment of royalties or fees; however, trator. The Board shall make findings of SAVANNAH, GA. AIRPORT NASA may require other consideration. fact and recommendations with respect Petition for Individual Determination (b) An exclusive license on a NASA to disposition of the appeal. The deci­ invention may require the payment of sion of the appeal shall be made by the of Exempt Zone royalties, fees or other consideration Administrator, and such decision shall O ctober 29, 1971. when the licensing circumstances and be final and conclusive, except on ques­ Petition for individual determination the basic considerations in § 1245.202, tions of law, unless determined by a court of exempt zone under Motor Carrier considered together, indicate that it is of competent jurisdiction to have been Regulations § 1047.40(c) (Passengers— in the public interest to do so. fraudulent, or capricious, or arbitrary, or Savannah, Ga., Airport); Petitioner: so grossly erroneous as necessarily to § 1245.209 Reports. YELLOW CAB COMPANY OF SAVAN­ imply bad faith, or not supported by NAH, INC. Petitioner’s representative: A license shall require the licensee substantial evidence. Conneret, Dunn, Hunter, Houlihan, Mac- to submit periodic reports of his efforts § 1245.212 Litigation. lean & Exley, Post Office Box 9848, to work the invention. The reports shall Savannah, Ga. 31420. By the instant peti­ contain information within his knowl­ An exclusive licensee shall be granted the right to sue at his own expense any tion, the petitioner states that the limits edge, or which he may acquire under nor­ of the present exempt zone (25 miles) mal business practice, pertaining to the party who infringes the rights set forth in his license and covered by the licensed surrounding Savannah Airport divide commercial use that is being made of the Hilton Head Island, S.C., in half, and invention and such other information patent. The licensee may join the Gov­ which the Administrator may determine ernment, upon consent of the Attorney that the only bridge connecting to Hilton pertinent to the licensing program and General, as a party complainant in such Head Island with the mainland is located which is specified in the license. suit, but without expense to the Govern­ on the Island’s northern end at a point ment and the licensee shall pay costs § 1245.210 Revocation o f licenses. beyond the limits of the exempt zone. and any final judgment or decree that This means that limousines traverse the (a) Any license granted pursuant to may be rendered against the Government this Subpart 1245.2 may be revoked by in such suit. The Government shall also northern end of the island and must pass the Administrator if in his opinion the have an absolute right to intervene in any all the developments there en route to the licensee at any time shall fail to use ade­ such suit. The licensee shall be obligated southern half of the island which is quate efforts to bring to or achieve prac­ to promptly furnish without cost to the within the exempt zone. This petition tical application of the invention in Government, upon request, copies of all seeks to have all portions of Hilton Head accordance with the terms of the license, pleadings and other papers filed in any Island included within the limits of the, or if the licensee at any time shall default such suit and of evidence adduced in pro­ in making any report required by the ceedings relating to the licensed patent Savannah Airport passenger exempt license, or shall make any false report, or including, but not limited to, negotia­ zone. shall commit any breach of any covenant tions for settlement and agreements set­ No oral hearing is contemplated at this or agreement therin contained, and shall tling claims by a licensee based on the time, but anyone wishing to make rep­ fail to remedy any such default, false licensed patent, and all other books, resentations in favor of, or against, the report, or breach within 30 days after documents, papers, and records pertain­ written notice, or if the patent is deemed ing to such suit. If, as a result of any such above-proposed specific redefinition of unenforceable either by the Attorney litigation, the patent shall be declared the limits of the Savannah Airport ex­ General or a final decision or a United invalid, the licensee shall have the right empt zone, may do so by the submission States court. to surrender his license and be relieved of written data, views, or arguments. An (b) Before revoking any license from any further obligation thereunder. original and 15 copies of such data, views, granted pursuant to this Subpart 1245.2 § 1245.213 Address of communications. or arguments shall be filed with the Com­ for any cause, there will be furnished to the licensee a written notice of intention (a) Communications to the Assistant mission on or before December 15, 1971. to revoke the license, and the licensee General Counsel for Patent Matters in Written material or suggestions sub­ will be allowed 30 days after such notice accordance with §§ 1245.205 and 1245.206 mitted. will be available for public in­ ui which to appeal and request a hearing and requests for information concerning spection at the Offices of the Interstate before the Inventions and Contributions licenses for NASA inventions should be Commerce Commission, 12th and Con­ Board on the question of whether the stitution, Washington, D.C., during reg­ license should be revoked. After a hear- addressed to the Assistant General Coun­ the Inventions and Contributions sel for Patent Matters, Code GP, Na­ ular business hours. Board shall transmit to the Administra- tional Aeronautics and Space Adminis­ Notice to the general public of the tor the record of proceedings, its findings tration, Washington, DC 20546. matter herein under consideration will of fact, and its recommendation whether (b) Communications to the Inventions be given by depositing a copy of this the license should be revoked. The Ad­ notice in the Office of the Secretary of ministrator shall review the recommen- and Contributions Board in accordance aation of the Inventions and Contribu­ with §§ 1245.207 and 1245.210 should be the Commission for public inspection and tions Board and determine whether to addressed to Chairman, Inventions and by filing a copy thereof with the Director, revoke the license. Revocation of a li- Contributions Board, National Aero­ Office of the Federal Register. oense shall include revocation of all nautics and Space Administration, By the Commission. sublicenses which have been granted. Washington, D.C. 20546. [ seal] R obert L. O swald, § 1245.211 Appeals. J ames C. F letcher, Secretary. Affy Person desiring to file an appeal Administrator. [FR Doc.71-16026 Filed ll-2-71;8:50 am] Pursuant to § 1245.210 shall address the [FR Doc. 71-16040 Piled ll-2-71;8:51 am] 21072 PROPOSED RULE MAKING

PART 1604— SELECTIVE SERVICE tional Board, shall furnish that Board , SELECTIVE SERVICE SYSTEM OFFICERS and its panels necessary personnel, suit­ able office space, necessary facilities and [ 32 CFR Parts 1602,1603,1604,1611, Sec. 3. Part 1604 is amended as follows: services. The Director of Selective Service 1617,1621,1622,1623,1624,1625, a. Section 1604.6 is amended to readshall establish the order, by category, in 1626,1627,1628,1630,1631,1632, as follows: which appeals by registrants will be con­ 1642, 1655, 1660 1 § 1604.6 National Selective Service Ap­ sidered, but he shall not determine the peal Board. sequence in which appeals within a given SELECTIVE SERVICE REGULATIONS category shall be processed. The Director , (a) There is hereby created and es­ of Selective Service and the Chairman Notice of Proposed Rule Making tablished within the Selective Service of the National Board shall furnish to Pursuant to the Military Selective System a civilian agency of appeal which each other such information, advice, and Service Act, as amended (50 United shall be known as the National Selective assistance as will further the attainment States Code App., sections 451 et seq.), Service Appeal Board, hereafter in this of the objectives of the Military Selective and Executive Order No. 11623 dated Oc­ section referred to as the National Board. Service Act and promote the effective The President shall appoint members of administration of the Act. tober 12, 1971, the Director of Selective the National Board from among citizens Service hereby gives public notice that of the United States who are not mem­ (d) Each member of the National consideration is being given to the fol­ bers of the armed forces, and he shall Board shall: (1) Devote so much time to lowing proposed amendments to the Se­ designate one member as Chairman of the affairs of the National Board as its lective Service Regulations constituting the National Board. A majority of the responsibilities may require, (2) be com­ a portion of Chapter XVI of the Code of members of the National Board shall pensated as provided in paragraph (e) of Federal Regulations. These Regulations constitute a quorum for the transaction this section, and (3) while on the busi­ implement the Military Selective Service of business, and a majority of the mem­ ness of the National Board away from Act, as amended (50 United States Code bers present at any meeting at which a his home or regular place of business, re­ App., sections 451 et seq.). quorum is present shall decide any ques­ ceive actual traveling expenses and per All persons who desire to submit views tion. The National Board may sit en diem in lieu of subsistence in accordance to the Director on the proposals should banc, or upon the request of the Director with rates established by Standardized prepare them in writing and mail them to of Selective Service or as determined by Government Travel Regulations as the Deputy General Counsel, National the Chairman of the National Board, in amended. Headquarters, Selective Service System, panels, each panel to consist of at least (e) The compensation of each member 1724 F Street Northwest, Washington, three members. The Chairman of the of the National Board shall be governed DC 20435, within 30 days following the National Board shall designate the mem­ by the following: (1) The member shall publication of this notice in the Federal bers of each panel and he shall designate be compensated at an hourly rate for R egister. one member of each panel as chairman. such time as is actually spent by him in The proposed amendments follow: A majority of the members of a panel attendance at meetings of the National Board, or a panel thereof, without limi­ PART 1602— DEFINITIONS shall constitute a quorum for the trans­ action of business, and a majority of the tation as the number of hours com­ Section 1. Part 1602 Definitions, is members present at any meeting at which pensable in any one day, (2) the mem­ amended as follows: a quorum is present shall decide any ber shall be compensated at an hourly a. Section 1602.4 Delinquent is question. Each panel of the National rate for travel time away from his home amended to read as follows: Board shall have full authority to act on or regular place of business while en route to or from any meeting of the Na­ § 1602.4 Violator. all cases assigned to it. The National Board, or a panel thereof, shall hold tional Board or while otherwise traveling A violator is a person required to be meetings in Washington, D.C., and, upon on business of the National Board, but registered under the selective service law request of the Director of Selective Serv­ the compensable time for any trip to or who fails or neglects to perform any duty ice or as determined by the Chairman of from any such meeting or other business required of him under the provisions of the National Board, at any other place. shall be limited to eight hours,' (3) duties the selective service law. (b) The National Board or a panel performed on, and travel time occurring b. Section 1602.14 is added to read as thereof, is authorized and directed to on, a Saturday, Sunday, or holiday shall follows: perform all the functions and duties be compensable as if performed or oc­ vested in the President by that sentence curring on any other day of the week, § 1602.14 Numbers. of section 10(b) (3) of the Military Se­ (4) the compensation shall be in ac­ Cardinal numbers may be expressed by lective Service Act, which reads as fol­ cord with the provisions of section 5332 Arabic or Roman symbols. lows: “The President, upon appeal or of title 5, United States Code, and (5) the upon his own motion, shall have power compensable hours per week, Sunday to determine all-claims or questions with through the following Saturday, shall not PART 1603— SELECTIVE SERVICE respect to inclusion for, or exemption or exceed 40 hours and the compensation PERSONNEL IN GENERAL deferment from training and service un­ in any pay period shall not exceed one der this title, and the determination of twenty-sixth (1/26) of the Government Sec. 2. Section 1603.3 Uncompensated annual rate of compensation. services, is amended to read as follows: the President shall be final.” The Na­ tional Board, upon appeal to the Presi­ b. Section 1604.22 Composition and § 1603.3 Uncompensated services. dent taken under Part 1627 of these regu­ appointment is amended to read as fol­ The services of registrars (except as lations, shall classify each registrant, lows: the Director of Selective Service may giving consideration to the various classi­ § 1604.22 Composition and appoint­ otherwise provide), members of local fications which a local board might con­ ment of Appeal Boards. sider, and shall give effect to the pro­ boards, medical advisors to the State The Director of Selective Service will Directors of Selective Service, advisors visions of the Military Selective Service Act and the regulations promulgated prescribe the number of members for the to registrants, and all other persons vol­ appeal board and panels thereof for each unteering their services to assist in the thereunder, and the established policies of the Director of Selective Service. appeal board area. The President, upon administration of the selective service recommendation of the respective Gov­ law shall be uncompensated, and no such (c) The National Board shall be in all respects independent of the Director ernor, shall appoint members of appeal person serving without compensation of Selective Service except that the Di­ boards from among citizens of the shall accept remuneration from any rector of Selective Service shall provide United States who are residents of the source for services rendered in connec­ for the payment of the compensation area for which the respective boards have tion with selective service matters. and expenses of the members of the Na­ jurisdiction.

FEDERAL REGISTER, V O L 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21075

c. Section 1604.51 Areas is amended leges the curriculum of which is approved graph (b) of this section must have in to read as follows: by the Secretary of Defense; his possession and available for exami­ § 1604.51 Areas o f local boards. (8) Members of the reserve compo­ nation any visa or other official docu­ nents of the Armed Forces, the Coast ment which was issued to him by a dip­ The State Director of Selective Serv­ Guard, and the Public Health Service, lomatic, consular, or immigration officer ice for each State shall divide his State while on active duty: Provided, That of the United States evidencing that he into local board areas and establish local such active duty in the Public Health is within the United States pursuant to boards in accord with instructions of the Service that commences after the enact­ the provisions of * section 101(a) (15) of Director of Selective Service. There shall ment of the Military Selective Service the Immigration and Nationality Act. be at least one local board in each county Act of 1967 is performed by members of (d) Each alien who is in the category except where the Director of Selective the Reserve of the Public Health Service described in subparagraph c9) of para­ Service approves the establishment of an while assigned to staff any of the various graph (a) of this section or who is in intercounty local board. When more than offices and bureaus of the Public Health one of the categories described in sub- one local board is established with the Service, including the National Insti­ paragraphs (2), (3), (4), and (5) of same geographical jurisdiction, regis­ tutes of Health, or while assigned to the paragraph (b) of this section must have trants residing iir that area will be as­ Coast Guard, the Bureau of Prisons of in his personal possession, at all times, signed among the local boards as pre­ the Department of Justice, or the Na­ an official document issued pursuant to scribed by the Director of Selective Serv­ tional Oceanic and Atmospheric Admin­ the authorization of or described by the ice. The State Director of Selective Serv­ istration; and Director of Selective Service which iden­ ice may establish panels of local boards (9) Foreign diplomatic representatives, tifies him as a person not required to in accord with instructions of the Direc­ technical attachés of foreign embassies present himself for and submit to regis­ tor of Selective Service. and legations, consuls general, consuls, tration. d. Section 1604.52 Composition and vice consuls, and other consular agents b. Section 1611.4 is amended to read appointment is amended to read as fol­ of foreign countries who are not citizens as follows: lows: of the United States and members of § 1611.4 Registration of male persons § 1604.52 Composition of local boards. their families. (b) A male alien who is now in or who separated from armed forces. , The Director of Selective Service shall hereafter enters the United States and Every male person who (a) has been prescribe the number of members of who has not been admitted for perma­ separated from active service in the local boards and intercounty local nent residence in the United States shall armed forces, the National Oceanic and boards. not be required to be registered under Atmospheric Administration or the Pub­ § 1604.52a [Revoked] section 3 of the Military Selective Service lic Health Service, (b) has not been reg­ Act, and shall be relieved from liability istered prior to such separation, (c) e. Section 1604.52a Panels of local for training and service under section 4 boards is revoked. would have been required to be registered of said Act, provided: except for the fact that he was in such f. Section 1604.54 is amended to read (1) He is lawfully admitted to the active service on the day or days fixed as follows: United States as a nonimmigrant under for his registration by Presidential proc­ section 101(a) (15) of the Immigration § 1604.54 Jurisdiction. lamation, and (d) who has not dis­ and Nationality Act, as amended (66 charged his current military obligation The jurisdiction of each local board Stat. 163; 8 U.S.C. 1101), for so long as under the Military Selective Service Act shall extend to all persons registered he continues to maintain a lawful non­ shall present himself for and submit to with or subject to registration with that immigrant status in the United States; registration before a local board within local board. It shall have full authority (2) He is a person who has entered the the period of 30 days following the date to do and perform all acts within its United States and remains therein pur-, on which he was so separated. jurisdiction authorized by law. suant to the provisions of section 11 of g. Section 1604.71 Appointment and the Agreement between the.United Na­ duties is revoked. tions and the United States of America PART 1617—-REGISTRATION Regarding the Headquarters of the CERTIFICATE United Nations as approved August 4, PART 1611— DUTY AND RE­ 1947 (61 Stat. 756) ; S ec. 5. Section 1617.1 is amended to SPONSIBILITY TO REGISTER (3) He is a member of a group of per­ read as follows: Sec. 4. Part 1611 is amended as fol­ sons who have been temporarily admitted § 1617.1 Effect of failure to have un­ lows: to the United States under an arrange­ altered registration certificate in per­ a. Section 1611.2 is amended to read ment with the government of the coun­ sonal possession. as follows: try of which they are nationals, or an Every person required to present him­ appropriate agency thereof, for seasonal self for and submit to registration must, § 1611.2 Persons not required to be or temporary employment, and continues registered. after he has registered, have in his per­ to be employed in the work for which he sonal possession until his liability for (а) Under the provisions of section was admitted; training and service has terminated his 6(a) of the Military Selective Service (4) He is a national of a country with Registration Certificate (SSS Form 2) Act the following persons are not re­ which there is in effect a treaty or inter­ prepared by his local board which has quired to be registered; national agreement exempting nationals not been altered and on which no nota­ Commissioned officers, warrant of that country from military service tion duly and validly inscribed thereon officers, pay clerks, enlisted men, and while they are within the United States; has been changed in any manner after aviation cadets of the Regular Army, the or its preparation by the local board. The fjavy, the Air Force, the Marine Corps, (5) He is a person who has entered failure of any person to have his Regis­ the Coast Guard, the National Oceanic the United States and remains therein tration Certificate (SSS Form 2) in his and Atmospheric Administration, and pursuant to the provisions of the Agree­ personal possession shall be prima facie the Public Health Service; ment between the parties to the North evidence of his failure to register. When ro\ TJ.S. Military Academy; Atlantic Treaty Regarding the Status of a registrant is inducted into the armed ^3) Midshipmen, U.S. Navy; their Forces, or the Agreement on the forces or enters upon active duty in the (4) Cadets, U.S. Air Force Academy; Status of the North Atlantic Treaty Or­ armed forces, other than active duty for ganization, National Representatives and Cadets, U.S. Coast Guard Acad- training only or active duty for the sole way; • International Staff, or the Protocol on purpose of undergoing a physical exami­ the Status of International Military nation, he shall surrender his Registra­ (б) Midshipmen, Merchant Marine Headquarters Set up Pursuant to the serve, U.S. Naval Reserves; tion Certificate (SSS Form 2) to the North Atlantic Treaty. commanding officer of the Armed Forces (7) Students enrolled in an officer (c) Each alien who is in the category procurement program at military col­ Examining and Entrance Station or to described in subparagraph (1) of para­ the responsible officer at the place to

No. 212------8 FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21074 PROPOSED RULE MAKING which he reports for active duty. Such presented to it. The mailing by the local program of the Navy, or the platoon officer shall return the certificate to the board of a Classification Questionnaire leader’s class of the Marine Corps, or the local board that issued it. (SSS Form 100) to the latest address officer procurement programs of the furnished by a registrant shall be notice Coast Guard and the Coast Guard Re­ to the registrant that unless information serve, or is appointed an ensign, U.S. PART 1621— PREPARATION FOR is presented to the local board, within the Naval Reserve, while undergoing profes­ CLASSIFICATION time specified for the return of the ques­ sional training; (2) has agreed, in writ­ tionnaire, which will justify his defer­ ing, to accept a commission, if tendered, Sec. 6. Part 1621 is amended as fol­ ment or exemption from military service and to serve subject to order of the Sec­ lows: the registrant will be classified in Class retary of the military department having a. Section 1621.9 is amended to read 1-A. jurisdiction over him (or the Secretary as follows: (b) In classifying a registrant there of Transportation with respect to the U.S. § 1621.9 Mailing Classification Ques­ shall be no discrimination for or against Coast Guard), not less than 2 years on tionnaire (SSS Form 1 0 0 ). him because of his race, creed, or color, active duty after receipt of a commis­ (a) The local board shall mail a or because of his membership or activity sion; and (3) has agreed to remain a Classification Questionnaire (SSS Form in any labor, political, religious or other member of a regular or reserve compo­ 100) to each registrant according to the organization. Each such registrant shall nent until the sixth anniversary of his rules prescribed by the Director of Se­ receive equal justice. receipt of a commission. Such registrant lective Service. b. Section 1622.2 is amended to read shall remain eligible for Class 1-D until as follows: completion or termination of the course (b) The date upon which the Classifi­ of instruction and so long thereafter as cation Questionnaire (SSS Form 100) is § 1622.2 Classes. he continues in a reserve status upon mailed shall be entered in the Classifica­ being commissioned except during any tion Record (SSS Form 102). Each registrant shall be classified in one of the following classes: period he is eligible for Class 1-C under b. Section 1621.11 is amended to read the provisions of § 1622.12. Class 1 as follows: d. Section 1622.14 is amended to read § 1621.11 Special form for conscien­ Class 1-A: Available for military service. as follows: tious objector. Class 1-A-O: Conscientious objector avail­ able for noncombatant military service § 1622.14 Class l —O: Conscientious ob­ A registrant who claims to be a con­ only. jector available for alternate service. scientious objector shall offer informa­ Class 1-C: Member of the Armed Forces of tion in substantiation of his claim in thè United States, the National Oceanic In Class 1 -0 shall be placed every writing. If he files such claim with his and Atmospheric Administration, or the registrant who would have been classi­ local board before his order to report Public Health Service. fied in Class 1-A but for the fact that Class 1-D: Member of reserve component or he has been found to be conscientiously for induction is issued he shall be fur­ student taking military training. nished a copy of Special Form for Con­ opposed to participation in war in any Class 1-H: Registrant not currently subject form and to be conscientiously opposed scientious Objector (SSS Form 150). The to processing for induction. local board shall not issue a copy of Spe­ Class 1-0: Conscientious objector available to participation in both combatant and cial Form for Conscientious Objector for alternate service. noncombatant training and service in (SSS Form 150) to a registrant after he Class 1-W : Conscientious objector perform­ the Armed Forces. ing alternate service in lieu of induction. has been issued an order to report for § 1622.15 [Revoked] induction. Class 2 e. Section 1622.15 Class I-S: Stu­ c. Section 1621.12 is amended to read Class 2-A: Registrant deferred because of dent Deferred by Statute is revoked. as follows: civilian occupation (except agriculture) or nondegree study. f. Section 1622.16 Class 1-W: Con­ § 1621.12 Claims for, or information re­ Class 2-C: Registrant deferred because of scientious objector performing civilian lating to deferment. agricultural occupation. work contributing to the maintenance of The registrant shall be entitled to Class 2-D: Registrant deferred because of the National Health, Safety, or Interest, present all written information which he study preparing for the ministry. is amended to read as follows: believes to be necessary to assist the local Class 2-S: Registrant deferred because of ac­ tivity in study. § 1622.16 Class 1—W : Conscientious ob­ board in determining his proper classifi­ jector performing alternate service in cation. Such information should be in­ Class 3 lieu o f induction. cluded in or attached to the Classifica­ Class 3-A: Registrant with a child or chil­ tion Questionnaire (SSS Form 100) and dren; and registrant deferred by reason of In Class 1-W shall be placed any may include any documents, affidavits, extreme hardship to dependents. registrant who has entered upon and is performing alternate service contribut­ or depositions. The affidavits and dep­ Class 4 ositions shall be as concise and brief ing to the maintenance of the national as possible. Class 4-A: Registrant who has completed health, safety, or interest, in accordance military service. with the order of the local board. Class 4-B : Officials deferred by law. PART 1622— CLASSIFICATION RULES Class 4-C : Aliens.- § 1622.17 [Revoked] AND PRINCIPLES Class 4—D : Minister of religion. g. Section 1622.17 Class I -Y : Regis­ Class 4-F: Registrant not qualified for mili­ tary service. trant not eligible for a lower class who Sec. 7. Part 1622 is amended as fol­ would be qualified for military service lows: Class 4-G: Registrant exempted from service a. Section 1622.1 is amended to read during peace. in time of war or national emergency is as follows: Class 4-W : Conscientious objector who has revoked. completed alternate service in lieu of h. By adding § 1622.18 to read as § 1622.1 General principles of classifica­ induction. follows: tion. § 1622.13 [Amended] § 1622.18 Class 1 -H (Holding Classifi­ (a) It is the local board’s responsibil­ c. Paragraph (b) of § 1622.13 Claés cation) : Registrant not currently sub­ ity to decide, subject to appeal, the class 1-D: Member of reserve component or ject to processing for induction. in which each registrant shall be placed. student taking military training, is Each registrant will be considered as In Class 1-H shall be placed any regis­ amended to read as follows : trant who is not currently subject to available for military service until his Ob) In Class 1-D shall be placed any processing for induction according to eligibility for deferment or exemption registrant who (1) has been selected for these regulations and the rules Pre" from military service is clearly estab­ enrollment or continuance in the Senior scribed by the Director of Selective lished to the satisfaction of the local (entire college level) Reserve Officers’ Service. Training Corps, or the Air Reserve Offi­ board. The local board will receive and cers’ Training Corps, or the Naval Re­ i. Section 1622.22 Class II-A : Regis­ consider all information, pertinent to serve Officers’ Training Corps, or the trant deferred because of civilian occu­ the classification of a registrant, timely Naval and Marine Corps officer candidate pation, is amended to read as follows:

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21075

§1622.22 Class 2—A: Registrant de­ nized theological or divinity school, or made application to be exempted from ferred because o f civilian occupation who is satisfactorily pursuing a full­ liability for training and service in the (except agriculture) or nondegree time course of instruction required for Armed Forces of the United States. study. entrance into a recognized theological or q. Paragraph (e) is added to § 1622.42 (a) In Class 2-A shall be placed any divinity school in which he has been pre­ Class IV-C: Aliens to read as follows: registrant whose continued service is enrolled. (e) In Class 4-C shall be placed any found to be necessary to the maintenance Cb) A registrant will be deemed to be registrant who is an alien lawfully ad­ of the national health, safety, or interest satisfactorily pursuing a full-time course mitted for permanent residence as de­ in an activity identified as essential by of instruction when he is making pro­ fined in paragraph (20) of section 101 the Director of Selective Service upon portionate progress. For example, if the (a) of the Immigration and Nationality the advice of the National Security Coun­ registrant is enrolled in a 4-year course Act, as amended (66 Stat. 163, 8 U.S.C. cil, provided that any registrant in Class of instruction, the registrant must com­ 1101), and who by reason of occupational 2-A under the provisions of this para­ plete at least one fourth of the total re­ status is subject to adjustment to non­ graph in effect prior to April 23, 1970 quirements by the end of the first aca­ immigrant status under paragraph (15) may be retained in such class so long as demic year, at least one half by the end of (A), (15) (E), or (15) (G) of such section he qualified under those provisions. In the second academic year, at least three- 101(a) but who executes a waiver in ac­ addition, any registrant qualified for fourths by the end of the third academic cordance with section 247(b) of that Act classification in Class 2-A prior to such year, and all requirements by the end of all rights, privileges, exemptions, and effective date may be placed and retained of the fourth academic year. The regis­ immunities which would otherwise ac­ in such class if request thereof has been trant’s academic year, for the purpose of crue to him as a result of that occupa­ made prior to such effective date. this paragraph, shall terminate on the tional status. A registrant placed in (b) In Class 2-A shall be placed any anniversary of his entrance into the Class 4-C under the authority of this registrant who (1) was satisfactorily course of study. paragraph shaUTse retained in Class 4-C pursuing an approved full-time course of m. The title of § 1622.40 Class IV-A: only for so long as such occupational instruction, not leading to a baccalau­ Registrant who has completed service; status continues. reate degree, in a junior college, commu­ sole surviving son is amended to read r. Section 1622.43 Class IV-D: Min­ nity college or technical school during as follows: ister of religion or divinity student, is the 1970-71 academic school year, (2) is amended to read as follows: engaged in an approved apprentice train­ § 1622.40 Class 4—A: Registrant who has ing program begun prior to July 1, 1971, completed military service. § 1622.43 Class 4—D: Minister o f re­ or (3) is satisfactorily pursuing approved § 1622.40 [Amended] ligion. full-time training, begun prior to July 1, n. Paragraph (a) (4) of § 1622.40 In Class 4—D shall be placed any regis­ 1971, in a technical or trade school not on Class 4 -A : Registrant who has completed trant who is a regular or duly ordained an academic year. Deferment under the service is amended to read as follows: minister of religion as defined in section authority of this paragraph will continue 16(g) of the Military Selective Service (4) A registrant who has served onAct. until such registrant fails to pursue satis­ active duty subsequent to June 24, 1948, factorily such full-time course of instruc­ for a period of not less than 12 months s. Section 1622.44 Class IV-F: Regis­ tion or training or until the expiration in the armed forces of a nation certi­ trant not qualified for any military serv­ of the period of time normally required fied by the Department of State to be a ice is amended to read as follows: to complete such course of full-time instruction or training. nation with which the United States is § 1622.44 Class 4—F: Registrant not associated in mutual defense activities qualified for military service. § 1622.25 [Amended] and which grants exemption from train­ (a) In Class 4-F shall be placed any j. Paragraph (a) of § 1622.25 Classing and service in its armed forces to registrant who is found under applicable 1I-S: Registrant deferred because o f ac­ citizens of the United States who have physical, mental, and moral standards tivity in study is amended to read as served on active duty in the Armed to be not qualified for service in the follows: Forces of the United States subsequent Armed Forces either currently, or in time (a) In Class 2-S shall be placed any to June 24, 1948, for a period of not less of *war or national emergency declared than 12 months: Provided, That in com­ registrant who requests such classifica­ by the Congress, except that no such reg­ tion, who was satisfactorily pursuing a puting such twelve-month period, there istrant whose further examination or re­ full-time course of instruction at a col­ shall be credited any active duty per­ formed by the registrant prior to June examination may be justified shall be lege, university, or similar institution of placed in Class 4—F until such further learning during the 1970-71 regular 24, 1948, in the armed forces of a coun­ try allied with the United States during examination as the Director of Selective academic school year and who is satis­ Service deems appropriate has been ac­ factorily pursuing such course, such World War n and with which the United States is associated in such mutual de­ complished and such registrant con­ classification to continue until such rég­ tinues to be found not qualified for mili­ issant completes the requirement for fense activities: And provided further, tary service. That all information which is submitted his baccalaureate degree, fails to pursue (b) In Class 4—F shall be placed any satisfactorily full-time course of instruc­ to the local board concerning the regis­ trant’s service in the armed forces of a registrant in the medical, dental, and tion, or attains the twenty-fourth anni­ allied specialist categories who has ap­ versary of the date of his birth, which­ foreign nation shall be written in the English language. plied for an appointment as a Reserve ever occurs first. officer in one of the Armed Forces in any § 1622.26 [Revoked] § 1622.40 [Revoked] of such categories and has been rejected o. Paragraph (a) (10) of § 1622.40 for such appointment on the sole ground . \ Paragraph (b) of § 1622.26 Ci Class IV-A: Registrant Who Has Com­ of a physical disqualification. « j Registrant deferred because yraduate study is revoked. pleted Service is revoked. t. Section 1622.45 is added which shall Section 1622.27 is added wh § 1622.42 [Amended] read as follows: shall read as follows: p. Paragraph (b) of § 1622.42 Class § 1622.45 Class 4—G: Registrant ex­ § 1622.27 Class 2—D: Registrant IV-C: Aliens is amended to read as fol­ empted for service during peace. *®re<* because o f study preparing lows: In Class 4—G shall be placed any regis­ the ministry* (b) In Class 4-C shall be placed anytrant who meets the requirements of sec­ rJ fi 1x1 Class 2-D shall be placed i registrant who is an alien who is certi­ tion 6(o) of the Military Selective Serv­ gistrant who is a student preparing fied by the Department of State to be, or ice Act or section 101(d)(3) of Public rw>n(*^ni? ry under the direction o otherwise establishes that he is, exempt Law 92-129: Provided, That no regis­ gnized church or religious organi from military service under the terms of trant who volunteers for induction shall a treaty or international agreement be­ be placed or retained in Class 4-G. fim’« Wh° 18 satisfactorily pursuing tween the United States and the country ■tame course of instruction in a rec u. Section 1622.46 is added which shall of which he is a national, and who has read as follows:

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21076 PROPOSED RULE MAKING

§ 1622.46 Class 4—W : Registrant who other information, when the registrant inducted into the Armed Forces or enters has completed alternate service in lieu has failed to furnish such information upon active duty in the Armed Forces, of induction. within the time prescribed, to classify other than active duty for training only In Class 4-W shall be placed any regis­ the registrant as available for military or active duty for the sole purpose of trant who subsequent to being ordered by service. undergoing a physical examination, he the local board or by order of a court of (b) Section 1623.2 Consideration ofshall surrender his Notice of Classifica­ the United States to perform civilian classes is amended to read as follows: tion (SSS Form 110) to the commanding officer of the Armed Forces Examining work in lieu of induction has been re­ § 1623.2 Consideration o f classes. leased from such work by the local board and Entrance Station or to the responsi­ after satisfactorily performing the work Every registrant shall be placed in ble officer at the place to which he re­ for a period of 24 consecutive months, Class 1-A under the provisions of sec­ ports for active duty. Such officer shall has completed such work pursuant to the tion 1622.10 of this chapter except that return the notice to the local board that order of a court of the United States or when grounds are established to place a issued it. has been released from such work by the registrant in one or more of the classes e. Section 1623.7 is amended to read Director of Selective Service. listed in the following table, the regis­ as follows: trant shall be classified in the lowest § 1622.50 [Revoked] class for which he is determined to be § 1623.7 Issuing a duplicate of a lost, destroyed, mislaid, or stolen Notice v. Section 1622.50 Class V-A: Regis­ eligible, with Cfiass 1-A-O considered the o f Classification (SSS Form 110), trant over the age of liability for military highest class and Class 1-C considered service is revoked. the lowest class according to the follow­ A duplicate Notice of Classification ing table: (SSS Form 110) may be issued to a reg­ § 1622.61 [Revoked] istrant only by the local board which Class Class w. Section 1622.61 Identifying a reg­ mailed the original Notice of Classifica­ 1 - A -O . 4—D tion (SSS Form 110) to him upon his istrant when registration is canceled is 1-0 - . 1—H revoked. 2— A . 4—P written request therefor and the presen­ 2 - 0 _ . 4—A tation of proof satisfactory to the local § 1622.62 [Revoked] 2 -S __ . 4-G board that his Notice of Classification x. Section 1622.62 Identifying a reg- 2—D 1-W (SSS Form 110) has been lost, destroyed, istant when induction is postponed is 3—A 4—W mislaid, or stolen. revoked. 4—B ...... 1—D 4 - C ______1-C § 1623.8 [Revoked] § 1622.63 [Revoked] c. Section 1623.4 is amended to read as f. Section 1623.8 R egister o f consci­ y. Section 1622.23 Identifying regis­ follows: entious objectors is revoked. trants who are deceased is revoked. § 1623.4 Action to be taken when classi­ fication determined. PART 1624— APPEARANCE BEFORE PART 1623— CLASSIFICATION (a) As soon as practicable after the LOCAL BOARD local board has classified or reclassified a PROCEDURE S ec. 9. Part 1624 is amended to read registrant (except a registrant who is as follows: Sec. 8. Part 1623—Classification Pro­ classified in Class 1-C because of his cedure is amended as follows: entry into active service in the Armed § 1624.1 Opportunity to appear in a. Section 1623.1 Commencement of Forces) it shall mail him a notice thereof. person. classification, is amended to read as When a registrant is classified in Class follows: (a) Every registrant after his classifi­ 2-A, Class 2-C, Class 2-D, or Class 2-S, cation is determined by the local board, § 1623.1 Commencement o f classifica­ the date of the termination of the defer­ except a classification which is deter­ tion. ment shall be entered on such notice. mined upon an appearance before the (a) Each registrant shall be classified (b) After each local board meeting, a local board under the provisions of this as soon as practicable after his notice listing the registrants who have part, shall have an opportunity to ap­ registration. been classified or whose classification has pear in person before the local board. (b) The registrant’s classification shall been changed, shall be posted in a con­ (b) A registrant who has filed a claim be determined on the basis of the official spicuous place in the office of the local for classification in Class l-O, Class forms of the Selective Service System board. When a person is unable to as­ 1-A-O, or Class 3-A, upon his request, and such other written information as certain the current classification of a shall be afforded an opportunity before may be contained in his file: Provided, registrant from this posted notice, an his classification is determined by the That the board shall proceed with the employee of the local board, upon re­ local board to appear in person before the registrant’s classification whenever he quest, shall consult the Classification local board. Should such registrant ap­ Record (SSS Form 102) and shall fur­ pear in person before the local board in fails to provide the board in a timely nish the person making the inquiry the manner with any information concern­ advance of his classification being deter­ current classification of such registrant. mined he shall not be afforded an op­ ing his status which he is requested or (c) In the event that the local board required to furnish. Since it is impera­ portunity to appear concerning such classifies the registrant in a class other classification after such determination. tive that appeal agencies have available than that which he requested it shall re­ to them all information on which the cord its reasons therefor in his file. The § 1624.2 Request for personal appear­ local board determined the registrant’s local board shall inform the registrant of ance. classification, oral information shall not such reasons in the manner prescribed A registrant who desires a personal be considered unless it is summarized by .the Director of Selective Service. appearance before his local board must in writing and the summary placed in d. Section 1623.5 is amended to readfile a written request therefor within 15 the registrant’s file. Under no circum­ days after the local board has mailed a stances shall the local board rely upon as follows: Notice of Classification (SSS Form HO) information received by a member per­ § 1623.5 Persons required to have sonally unless such information is re­ Notice o f Classification (SSS Form to him. Such 15-day period may not be duced to writing and placed in the regis­ 110) in personal possession. extended. trant’s file. None of the provisions of this Every person who has been classified § 1624.3 Appointment for personal ap­ section shall impair the power of the by a local board must have in his per­ pearance. local board to take notice of the birth­ sonal possession until his liability for The local board, not less than 15 days day of any registrant and of the fact training and service has terminated a in advance of the meeting at which h® that the Congress has made registrants valid Notice of Classification (SSS Form of his age liable for induction for mili­ 110) issued to him showing his current may appear, shall inform the registrant tary service and in the absence of any classification. When any such person is of the time and place of such meeting

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21077 and that he may present evidence, in­ entered on the Classification Ques­ mailed to such registrant an order to cluding witnesses, bearing on his clas­ tionnaire (SSS Form 100). report for induction or alternate service sification. Should the registrant fail, for (b) If the local board determines thatunless the local board first specifically good cause he establishes to the satisfac­ the information presented at the regis­ finds there has been a change in the tion of the local board, to appear at such trant’s personal appearance warrants a registrant’s status resulting from cir­ meeting, he shall be afforded an oppor­ change in the registrant’s classification, cumstances over which the registrant tunity to appear at a subsequent meeting. the local board shall classify the regis­ had no control. The registrant must file a written state­ trant and, as soon as practicable there­ (b) The local board may also reopen ment of the reasons for his failure to after, mail notice thereof on Notice of and consider anew the classification (1) appear at his scheduled meeting within Classification (SSS Form 110) to the of a registrant in Class 1-H who becomes 5 days after such failure or the registrant registrant. subject to processing for induction ac­ will be deemed to have waived his right cording to these regulations and the to an opportunity to appear at a subse­ § 1624.7 Appearance before local board rules prescribed by the Director ; and (2) quent meeting. stays induction. of a registrant in any classification for § 1624.4 Procedure during appearance The local board shall not issue an or­ the purpose of classifying him 1-H ac­ before local board. der for a registrant to report for induc­ cording to these regulations and the tion either during the period afforded rules prescribed by the Director. (a) A quorum of the local board shallthe registrant to request an appearance c. Section 1625.3 is amended to read be present during all personal appear­ in person before the local board or, if as follows : ances. the registrant has requested such an ap­ (b) At any such appearance, the regis­pearance, during the period such ap­ § 1625.3 When registrant’s classifica­ tion shall be reopened and consid­ trant may present evidence including pearance is pending. Any order to report ered anew. witnesses, may discuss his classification, for induction which has been issued may point out the class or classes in during either of such periods shall be The local board shall reopen and con­ which he thinks he should have been ineffective and shall be canceled by the sider anew the classification of a regis­ placed, and may direct attention to any local board. trant upon the written request of the information in his file which he believes State Director of Selective Service or the the local board has overlooked or to PART 1625— REOPENING AND CON­ Director of Selective Service and upon which he believes it has not given suffi­ receipt of such request shall immediately cient weight. The registrant may present SIDERING ANEW REGISTRANT’S cancel any order to report for induction such further information as he believes CLASSIFICATION or alternate service which may have will assist the local board in determining Sec. 10. Part 1625 is amended as been issued to the registrant. his proper classification. Such informa­ follows: d. Section 1625.4 is amended to read tion shall be in writing, or, if oral, shall a. Section 1625.1 is amended to read as follows: be summarized in writing by the regis­ as follows: § 1625.4 Refusal to reopen and con­ trant and, in either event, shall be placed sider anew registrant’s classification. in the registrant’s file. The information § 1625.1 Classification not permanent. furnished Should be as concise as possible (a) No classification is permanent. When a registrant files with the local board a written request to reopen and under the circumstances. (b) Each classified registrant shall, (c) A registrant is entitled to such consider anew the registrant’s classifi­ within 10 days after it occurs, report to cation and the local board is of the time for his personal appearance as is the local board in writing any fact, such reasonably necessary for the fair presen­ opinion that the information accompany­ as, but not limited to, any change in his ing such request fails to present any facts tation of hjs claim. Normally 15 minutes occupational, marital, military, or de­ shall be deemed adequate for this pur­ in addition to those considered when the pendency status, or in his physical con­ registrant was classified or, even if new pose, consistent with the informal and dition, that might result in his being expeditious processing required in selec­ facts are presented, the local board is of placed in a different classification. the opinion that such facts, if true, tive service cases. If it appears to the (c) The local board shall keep in­ board that further time is reasonably would not justify a change in such reg­ formed of the status of classified regis­ istrant’s classification, it shall not reopen necessary, the board shall extend the trants. Registrants may be questioned or time. During the time available to a the registrant’s classification. In such a physically or mentally reexamined, em­ case, the local board (1) shall record in registrant, he may present the testimony ployers may be requested to furnish of not more than three witnesses. the registrant’s file the reasons for its information, police officials or other agen­ decision not to reopen his classification, (d) If the registrant does not speal cies may be requested to make investiga­ and (2) shall advise the registrant by English adequately he may appear witl tions, and other steps may be taken by letter of its decision not to reopen his a person to act as interpreter for him. the local board to keep currently in­ classification and the reasons therefor. (e) No registrant may be represented formed concerning the status of classified e. Section 1625.12 is amended to read before the local board by anyone acting registants. as follows: . as attorney or legal counsel. b. Section 1625.2 is amended to read as follows: § 1625.12 Notice o f action when classi­ § 1624.5 Procedure when local board fication considered anew. does not reopen or when registrant § 1625.2 When registrant’s classifica­ fails to appear. tion may be reopened and considered When the local board reopens the reg­ anew. istrant’s classification, it shall, as soon If the local board determines that the as practicable after it has again clas­ information presented at the registrant’s (a) The local board may reopen and sified the registrant, mail him notice Personal appearance does not justify a consider anew the classification of a thereof. change in the registrant’s classification registrant (1) upon the written request f. Section 1625.14 Cancellation of or­ r if a registrant for whom a personal of the registrant if such request is ac­ der to report for induction or for civilian appearance is scheduled fails to appear companied by written information pre­ work by reopening of classification is ior such personal appearance it shall not senting facts not considered when the amended tó read as follows: eopen the registrant’s classification, but registrant was classified, which, if true, ey letter, it shall promptly hotify the would justify a change in the registrant’s § 1625.14 Cancellation of order to re­ registrant of its decision not tcT change classification; or (2) upon its own mo­ port for induction or for alternate is classification and, by a brief state­ tion if such action is based upon facts service by reopening o f classification. ment, of the reasons therefor. not considered when the registrant was The reopening of the classification of classified which, if true, would justify § 1624.6 Record of personal appear- a registrant by the local board shall can­ ance and classification. a change in the registrant’s classifica­ cel any order to report for induction or tion; provided, in either event, the alternate service which may have been (a) a notation that the registrant has classification of a registrant shall not issued to the registrant, except that if PPeared before his local board shall be be reopened after the local board has the registrant has failed to comply with

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21078 PROPOSED RULE MAKING either of those orders, the reopening of (c) The registrant may attach to his registrant and, in either event, shall be his classification thereafter by the local appeal a statement specifying the reasons placed in the registrant’s file. The infor­ board for the purpose of placing him in he believes the classification inappro­ mation furnished should be as concise as Class 4-C shall not cancel the order with priate, directing attention to any in­ possible under the circumstances. which he failed to comply. formation in his file which he believes (f) The appeal board shall classify a received inadequate consideration, and registrant who has requested a personal setting out more fully any information appearance after (1) he has appeared PART 1626— APPEAL TO APPEAL which was submitted. before the Board, (2) he withdrew his re­ BOARD (d) Whenever an appeal is taken from quest to appear, (3) waived his right to a local board’s classification by the Direc­ an opportunity to appear, or (4) failed to Sec. 11. Part 1626 is amended to read tor of Selective Service or the State Di­ appear without establishing to the satis­ as follows: rector of Selective Service, the local faction of the Board good cause therefor. § 1626.1 Who may appeal. board shall notify the registrant in When a registrant appears before the The Director of Selective Service and writing of the action, the reasons there­ appeal board, only those members of the the State Director of Selective Service for, and inform him that if he desires to appeal board before whom the registrant as to the local boards in his State may appear before the appeal board he must appeared shall classify him. appeal from any determination of a local within 15 days from the date on the letter (g) In reviewing the appeal and clas­ board at any time. The registrant may of notification, file with the local board a sifying the registrant, the Board shall not appeal to an appeal board from his clas­ written request for such an appearance. receive or consider any information other than the following: sification by the local board in Class § 1626.4 Review by appeal board. 1-A, 1-A-O, or 1-0. (1) Information contained in the (a) The appeal board shall consider record received from the local board; § 1626.2 Time limit within which regis­ appeals in the order of the random (2) General information concerning trant may appeal. sequence numbers of the registrants, the economic, industrial, and social condi­ The registrant must file his appeal and lowest being considered first, unless tions; and his request for a personal appearance otherwise directed by the Director of (3) Oral statements by the registrant before the appeal board, if such personal Selective Service, in which event, appeals to the appeal board during his personal appearance is desired, within 15 days shall be considered in such order as the appearance. after the date the local board mails to the Director of Selective Service shall (h) The appeal board shall classify the registrant a Notice of Classification (SSS prescribe • registrant, giving consideration to the Form 110). At any time prior to the date (b) Upon receipt of the file, the appeal various classes in the same manner in the local board mails to the registrant an board shall ascertain whether the regis­ which the local board gives consideration Order to Report for Induction (SSS Form trant has requested a personal appear­ thereto when it classifies a registrant. 252) the local board may permit him to ance before the appeal board. If no such (i) In the event that the appeal board appeal even though the period for taking request had been made, the appeal board classifies the registrant in a class other an appeal has elapsed, if it is satisfied may classify the registrant not less than than that he requested it shall record its that his failure to appeal within such 15 days after the receipt of the regis- reasons therefor in his file. Upon the re­ period was due to a lack of understanding trant’s file ceipt by the local board of a written of the right to appeal or to some cause (c) Not less than 15 days in advance request by the registrant it shall furnish beyond his control.' If the local board of the meeting at which his classification to such registrant a brief statement of grants an extension of time to appeal to will be considered, the Board shall inform the reasons for the decision of the appeal the registrant, he may within such ex­ any registrant who has requested a per­ board. tended period, also request an appear­ sonal appearance that he may appear at § 1626.6 Procedure o f local board when ance before the appeal board. such meeting and present evidence, other advised o f decision o f appeal board. than witnesses, bearing on his classifi­ § 1626.3 Procedure for taking an cation. Should the registrant fail, for When the local board receives notice appeal. good cause he establishes to the satisfac­ of the decision of a case by the appeal tion of the Board, to appear at such board, it shall mail a Notice of Classifi­ (a) Any person entitled to do so may cation (SSS Form 110) to the registrant, appeal to the appeal board by filing with meeting, he shall be afforded an oppor­ tunity to appear at a subsequent meeting. and enter upon such form the record of the local board a written notice of appeal. the vote of the appeal board as follows: If the Director of Selective Service or the The registrant must file a written state­ ment of the reasons for his failure to “Vote of appeal board—Yes - No State Director of Selective Service ap­ ____ ” At the time of mailing of the peals to the appeal board he shall place appear at his scheduled meeting within 5 days after such failure or the registrant Notice of Classification (SSS Form 110), in the registrant’s file a written state­ the local board, if the classification by ment of his reasons for taking such will be deemed to have waived his right to an opportunity to appear at a the appeal board was not by unanimous appeal. If the registrant is taking the vote, shall notify the registrant in the appeal, he may also request an oppor­ subsequent meeting. (d) A registrant is entitled to such manner prescribed by the Director of tunity to appear in person before the Selective Service of his right to appeal appeal board. The notice of appeal need time for his personal appearance before an appeal board as the board determines to the National Selective Service Appeal not be in any particular form, but must Board, and of his right to personally include the name of the registrant. Any is reasonably necessary for the fair pres­ entation of his claim, consistent with appear before the National Selective notice shall be liberally construed so as Service Appeal Board. • to permit the appeal. the informal and expeditious processing required in selective service cases, but (b) Whenever an appeal to the appeal § 1626.7 Appeal stays induction or order board involves a registrant whose prin­ shall not be entitled to present witnesses. to report for civilian work. cipal place of employment or whose cur­ (e) At any such appearance, the regis­ The local board shall not issue an order rent place of residence is located outside trant may present evidence, may discuss for a registrant to report for induction or the appeal board area in which the local his classification, may point out the class for alternate service in lieu of induction board having jurisdiction over the regis­ or classes in which he thinks he should either during the period afforded the trant is located and is located in the area have been placed, and may direct atten­ registrant to take an appeal to the appeal of another appeal board, the person ap­ tion to any information in his file which board or dining the period such an ap­ pealing may, at the time he files the he believes the local board has overlooked peal is pending. Any order to report for notice of appeal, file with the local board or to which he believes it has not given induction, or for civilian work in lieu of a written request that the appeal be sub­ sufficient weight. The registrant may pre­ induction, which has been issued during sent such further information as he either of such periods shall be ineffective mitted to the appeal board having juris­ believes will assist the board in determin­ diction over the area in which is located ing his proper classification. Such infor­ and shall be canceled by the local board. the principal place of employment or mation shall be in writing, or, if oral, Whenever an appeal to the appeal board residence of the registrant. shall be summarized in writing by the has been taken during the time allowed

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21079 for taking appeals by a person entitled § 1627.3 Procedure on appeal to the request a personal appearance has to do so, any order to report for induction President. elapsed. or for civilian work which has been pre­ (a) When an appeal to the President (c) Not less than 15 days in advance viously issued to the registrant shall be is taken by the Director of Selective Serv­ of the meeting at which his classification ineffective and shall be canceled by the ice or a State Director of Selective Serv­ will be considered, the Board shall in­ local board. ice, the local board shall notify the regis­ form any registrant who has requested trant that the appeal has been taken. a personal appearance that he may ap­ PART 1627— APPEAL TO THE If the registrant’s file is in the local pear at such meeting and present evi­ PRESIDENT board’s possession, it shall forward the dence, other than witnesses, bearing on entire file to the State Director of Selec­ his classification. Should the registrant Sec. 12. Part 1627 is amended to read tive Service and the local board shall en­ fail, for good cause he establishes to as follows: ter on the Classification Record (SSS the satisfaction of the National Board, § 1627.1 Persons who may appeal to Form 102) under “Remarks” the date to appear at such meeting, he shall be the President. the file is forwarded or the date it re­ afforded an opportunity to appear at a subsequent meeting. The registrant must (a) The Director of Selective Service, ceives notice that an appeal to the Pres­ ident has been taken. file a written statement of the reasons the State Director of Selective Service of for his failure to appear at his sched­ the State in which the local board which (b) When an appeal to the President is taken, the State Director of Selective uled meeting within 5 days after such classified the registrant is located, or the failure or the registrant will be deemed State Director of Selective Service of the Service shall check the file which is in his possession or which is forwarded to to have waived his right to an oppor­ State in which the appeal board is tunity to appear at a subsequent meeting. located may appeal to the President him to be sure that all procedural re­ quirements have been properly complied (d) The registrant is entitled to 15 from any determination of an appeal minutes for his personal appearance. The board at any time prior to the induction with, including notice to the registrant that such an appeal has been taken, and, National Board may, in its discretion, of the registrant. extend the time of the registrant’s per­ vb) When a registrant has been clas­ if he discovers any procedural defects, re­ turn the file for correction. If any infor­ sonal appearance. No registrant may be sified by the appeal board and one or represented before the National Board more members of the appeal board dis­ mation has been placed in the file which was not considered by the local board in by anyone acting as attorney or legal sented from that classification, he may counsel. appeal to the President within 15 days making the classification from which the appeal to the President is taken, the (e) At any such appearance, the reg­ after the mailing by the local board of istrant may discuss his classification, the Notice of Classification (SSS Form State Director of Selective Service shall review such information and, if he is of may point out the class or classes in 110) notifying him of his classification by which he thinks he should have been the appeal board. The local board may the opinion that such information, if true, would justify a different classifica­ placed, and may direct attention to any permit any registrant who is entitled to information in his file which he believes appeal to the President under this sec­ tion of the registrant, return the file to the local board with instructions to re­ the local board has overlooked or to tion to do so, even though the period of which he believes it has not given suffi­ taking such an appeal has elapsed, if it open the registrant’s classification and classify the registrant anew. cient weight. The registrant may present is satisfied that his failure to appeal such further information as he believes within such period was due to lack of (c) When the State Director of Selec­ will assist the National Board in deter­ understanding of the right to appeal or to tive Service has complied with the pro­ mining his proper classification, at the some other cause beyond his control. visions of paragraph (b) of this section, time he requests a personal appearance. § 1627.2 Procedure for taking an ap­ he shall, unless the file is returned to the (f) The National Board shall classify peal to the President. local board, forward the file to the Di­ a registrant who has requested a per­ rector of Selective Service. (a>. An appeal to the President may be sonal appearance after (1) he has ap­ (d) Whenever the State Director or peared before the National Board, (2) taken by the Director of Selective Serv­ Director appeals to ¿he President, the ice (1) by mailing to the local board, he withdrew his request to appear, (3) registrant shall be notified by his local waived his right to an opportunity to ap­ through the State Director of Selective board in writing of the action and in­ Service, a written notice of appeal or (2) pear, or (4) failed to appear without formed that if he desires to appear before establishing to the satisfaction of the by placing in the registrant’s file a writ­ the National Selective Service Appeal ten notice of appeal and, through the National Board good cause therefor. Board he must within 15 days from the When a registrant appears before the State Director of Selective Service, advis­ date on the letter of notification, request ing the local board thereof. National Board, only those members of such an appearance in writing, addressed the Board before whom the registrant (b) An appeal to the President may to his local board. The local board shall be taken by the State Director of Selec­ appeared shall classify him. forthwith notify the National Selective (g) In reviewing the appeal and clas­ tive Service (1) by mailing to the local Service Appeal Board of such reauest. board a written notice of appeal and di­ sifying the registrant, the National recting the local board to forward the (e) If the registrant is taking the ap­ Board shall not receive or consider any registrant’s file to him for transmittal to peal, he may at the same time also file information other than the following: me Director of Selective Service or (2) a written request with the local board (1) Information contained in the reg­ by Placing in the registrant’s file a writ­ to appear before the National Selective istrant’s record received from the local ten notice of appeal and advising the Service Appeal Board. The local board board; local board thereof. Before he forwards shall forthwith notify the National Se­ (2) General information concerning file registrant’s file to the Director of Se­ lective Service Appeal Board of such economic, industrial, and social condi­ lective Service, the State Director of request. tions; and «elective Service shall place in such file § 1627.4 ^Procedures of the National (3) Oral statements by the registrant written statement of his reasons for Selective Service Appeal Board. to the National Board during his per­ taking such appeal. sonal appearance. (a) An appeal to the President is de­ (c) An appeal to the President by the (h) In the event that the National termined by the National Selective Serv­ Board classifies the registrant in a class registrant shall be taken by filing with ice Appeal Board by its classification of other than that he requested it shall e local board a written notice of ap­ the registrant. The Board will consider record its reasons therefor in his file. peal. Such notice need not be in any par- appeals in the order prescribed by the Upon the receipt by the local board of lcular form but must state the name of Director of Selective Service. a written request by the registrant e registrant and the fact he wishes the (b) The National Board shall proceed mailed within 30 days after the mailing forthwith to classify any registrant who of a Notice of Classification (SSS Form resident to review the determination of has not requested a personal appear­ file appeal board. 110) in accord with § 1627.6 it shall fur­ ance after the specified time in which to nish to such registrant a brief statement

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21080 PROPOSED RULE MAKING of the reasons for the decision of the defect shall be delivered for an armed having jurisdiction of the area in which National Board. forces examination. he is at that time located for his trans­ fer for medical interview to that local § 1627.5 File to be returned after ap­ § 1628.2 Preliminary determination of acceptability. board. The local board with which the peal to the President is decided. request for transfer for medical inter­ When the appeal to the President has (a) Whenever the local board has view is filed shall forward the request to been decided, the file shall be returned reason to believe that a registrant has a the registrant’s own local board. to the local board through the appro­ disqualifying medical condition or physi­ priate State Director of Selective Service. cal defect enumerated in the list de­ § 1628.6 Order to report for Armed scribed in § 1628.1 (c), it shall determine Forces examination. § 1627.6 Procedure of local board after whether (1) he has such medical condi­ (a) In accordance with instructions of file is returned. tion or physical defect, (2) he should be the Director of Selective Service, the When the file of the registrant is re­ delivered for Armed Forces examination, State Director of Selective Service shall ceived by the local board, it shall: (a) or (3) only the medical information in periodically issue to each local board in Mail a Notice of Classification (SSS such registrant’s file together with the his State an Examination Call on Local Form 110) to the registrant and (b) medical advisor’s recommendation, if Board (SSS Form 202) for registrants to enter on the Classification Record (SSS applicable, shall be forwarded to the be delivered for Armed Forces examina­ Form 102) and on the Classification AFEES for review and determination. In tion and the time and place fixed for Questionnaire (SSS Form 100) the making this determination, the local their delivery. classification given the registrant by the board shall consider the report and rec­ (b) The local board shall select and President and the date of mailing of the ommendation, if available, of a medical order for Armed Forces examination Notice of Classification (SSS Form 110). advisor following a medical interview. registrants in accordance with the in­ § 1627.7 Appeal to the President stays § 1628.3 Registrants to be given med­ structions of the Director of Selective induction. ical interview. Service. The date specified for reporting for such examination shall be at least 10 The local Board shall not issue an Whenever the local board is of the days after the date on which the Order to order for a registrant to report for in­ opinion that a registrant has one or Report for Armed Forces Examination duction either during the period afforded more of the disqualifying medical con­ (SSS Form 223) is mailed, except that a the registrant to take an appeal to the ditions or physical defects which appear registrant who has volunteered for in­ President or during the period such ap­ in the list described in § 1628.1 (c), it may duction may be ordered to report for peal is pending. Any order to report for order the registrant to present himself such examination on any date after he induction which has been issued during for medical interview at a specified time has so volunteered. either of such periods shall be ineffective and place by mailing to such registrant (c) The local board shall also order and shall be canceled by the local board. a -Notice to Registrant To Appear for for Armed Forces examination those Whenever an appeal to the President Medical Interview (SSS Form 219). It registrants who have not attained age 26 has been taken by a person entitled to shall be the duty of the registrant to and who have not previously had such an do so, any other to report for induction present himself to the medical advisor examination, who request such examina­ which has previously been issued to the to the local board at the time and place tion. Requests for examinations must be registrant shall be ineffective and shall designated and to submit to examina­ submitted in writing to the registrant’s be canceled by the local board. tion. local board. The local board shall estab­ Sec. 13. Part 1628—Physical Exami­ § 1628.4 Duties o f medical advisors to lish a specific date for the examination, nation is amended to read as follows: local board. which date shall be within 60 days of the receipt of the applicant’s request, and The medical advisor to the local board the registrant shall be given written PART 1628— EXAMINATION OF shall (1) give each registrant who pre­ notice thereof at least 15 days prior to REGISTRANTS sents himself for medical interview such the date of such examination. A regis­ examination as he deems necessary to § 1 6 2 8 .1 W h o will be examined. trant shall have the right to receive only determine whether the registrant has one preinduction examination on his own (a) Every registrant, before he is one or more of the disqualifying medical request. The Director of Selective Serv­ ordered to report for induction or or­ conditions or physical defects which ap­ ice may temporarily suspend the provi­ dered to perform alternate service con­ pear in the list described in § 1628.1(c) sions of this paragraph for particular tributing to the maintenance of the or (2) review each affidavit of a repu­ States or particular local boards if he national health, safety, or interest, shall table physician or official statement of determines that the number of such re­ have his acceptability for military serv­ a representative of a Federal or State quests, if granted, 'would adversely affect ice determined under standards of ac­ agency referred to him by the local the processing of men toward induction ceptability prescribed by the Secretary board. No laboratory or X-ray work shall or would increase the total workloads of of Defense, except that a registrant who be authorized but reports of laboratory the respective Armed Forces Examining has volunteered for induction or a regis­ or X-ray work performed previously and and Entrance Stations beyond their trant who has failed or refused to report presented by the registrant may be given capacities. If any registrant is found ac­ for and submit to an Armed Forces consideration by the medical advisor. ceptable upon examination at his re­ examination may have his acceptability From such examination or review, the quest, he will not be selected for induc­ determined at the time he reports for medical advisor to the local board shall tion until his normal sequence number induction. determine whether the registrant has is reached. (b) The Director of Selective Service one or more of the disqualifying medical shall prescribe procedures for the selec­ conditions or physical defects which ap­ § 1628.7 Postponement of Armed tion and delivery of registrants for pear in the list described in § 1628.1(c) Forces examination. Armed Forces examination. and shall report his findings to the local The issuance of an Order to Report for (c) Based on lists of various medical board. Armed Forces Examination (SSS Form conditions or physical defects that dis­ § 1628.5 Transfer for medical inter­ 223) may be delayed or the forwarding qualify registrants for service in the view. of a registrant under such an order mW Armed Forces, as may be issued from be postponed to the same extent and in Any registrant who has received a the same manner as provided in § 1632.2 time to time by the Surgeon General of Notice to Registrant to Appear for Medi­ the Department of the Army, the local of this chapter with reference .to an cal Interview (SSS Form 219) and who is Order to Report for -Induction (SSS board, under such rules and regulations so far from his own local board that pre­ as the Director of Selective Service may Form 252): Provided, That any sucfl prescribe shall determine whether a senting himself to the medical advisor to delay or postponement under the provj' registrant who has or who may have his local board would be a hardship may sions of this section shall terminate such disqualifying medical condition or file a written request with the local board whenever the local board determines

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21081 that the induction of the registrant is report for Armed Forces examination to The random sequence number thus imminent, in which event the local board his local board and to each local board determined for any registrant shall apply shall order the registrant to report for whose area he enters or in whose area he to him so long as he remains subject to Armed Forces examination. remains. induction for military training and serv­ § 1628.8 Transfer o f registrants for ex­ (c) Upon reporting for Armed Forcesice by random selection. A random amination. examination, it shall be the duty of the sequence number established for a regis­ registrant ( !) to follow the instructions trant shall be equivalent, for purposes (a) Any registrant who has received of a member, executive secretary, or local of selection, to the same random an Order to Report for Armed Farces board clerk as to the manner in which he sequence established for other registrants Examination (SSS Form 223) and who is will be transported to the location where in other drawings, including the draw­ so far from his own local board that re­ his Armed Forces examination will take ings of December 1, 1969 and of July 1, porting to his own local board would be place, (2) to obey the instructions of the 1970, and the random selection sequences a hardship may, subject to the provisions leader or assistant leaders appointed for obtained in those drawings shall con­ of this section, be transferred for Armed the group being forwarded for Armed tinue to determine the order of selection Forces examination to the local board Forces examination, (3) to appear for of the registrants covered thereby in having jurisdiction of the area in which and submit to such examination as the accordance with the Selective Service he is at that time located. commanding officer of the examining Regulations. Selection among registrants (b) Any such registrant desiring to be station shall direct, and (4) to follow who have the same random sequence so transferred shall immediately report the instructions of a member, executive number shall be based upon the supple­ to the local board having jurisdiction of secretary, or clerk of the local board as mental drawing conducted December 1, the area in which he is at that time lo­ to the manner in which he will be trans­ 1969, which determined alphabetically a cated, present his Order to Report for ported on his return trip from the place random selection sequence by name. Armed Forces Examination (SSS Form where his Armed Forces examination 223) and apply for transfer by complet­ takes place. § 1631.2 Allocation of inductions under ing Part 1 of Transfer for Armed Forces random selection. Examination or Induction (SSS Form PART 1630— VOLUNTEERS When persons are selected for train­ 230). ing and service in accordance with ran­ (c) The registrant shall be required to S ec. 14. Part 1630 is am ended as dom. selection, allocations of inductions report in accordance with the Order to follows: shall be placed under such rules and Report for Armed Forces Examination a. Section 1630.4 is amended to read regulations as the Director of Selective (SSS Form 223), which he received from as follows : Service may prescribe. his own local board, if his application for transfer is disapproved. § 1630.4 Classification o f volunteers. § 1631.3 Calls by the Secretary o f De­ fense. § 1628.9 Transfer for Armed Forces ex­ (a) When a man who is not in a de­ amination directed by Director o f ferred class files an Application for Vol­ The Secretary of Defense may from Selective Service. untary Induction (SSS Form 254) he time to time place with the Director of shall be processed for induction regard­ Selective Service a call or requisition for (a) The Director of Selective Service less of the class in which he is classified. men required for induction into the may direct that a particular registrant or (b) When a man who is in a deferred Armed Forces. The Secretary of Defense a registrant who comes within a de­ class files an Application for Voluntary may also from time to time place with scribed group of registrants be trans­ Induction (SSS Form 254) he shall be the Director of Selective Service a call ferred for Armed Forces examination to classified in Class 1-A as soon as possible. or requisition for men in any medical, such local board or local boards as he dental, or allied specialist category re­ shall designate. § 1630.5 [Revoked] quired for induction into the Armed § 1628.10 Duty o f registrant to report b. Section 1630.5 Selection of volun­ Forces. f°*\ and submit to Armed Forces ex­ teer is revoked. § 1631.4 Allocations by the Director of amination. Sec. 15. Part 1631—Quotas and Calls is amended to read as follows: Selective Service. (a) When the local board mails to a (a) The Director of Selective Service registrant an Order to Report for Armed shall, upon receipt of a call or requisition Forces Examination (SSS Form 223), it PART 1631— ALLOCATION OF shall be the duty of the registrant to re­ from the Secretary of Defense for men to port for such examination at the time INDUCTIONS ? be inducted into the Armed Forces, issue a call or requisition to the several States. place fixed in such order unless, after § 1631.1 Random selection sequence the date the Order to Report for Armed for induction. (b) Upon receipt of a call or requisi­ Forces Examination (SSS Form 223) is tion from the Secretary, of Defense for The Director of Selective Service shall men in a medical, dental, or allied spe­ mailed and prior to the time fixed therein establish a random selection sequence lor the registrant to report for his Armed cialist category to be inducted into the for induction. Such random selection Armed Forces, the Director of Selective Forces examination, the local board can­ sequence will be established by a drawing cels such Order to Report for Armed Service shall issue a call or requisition to to be conducted in Washington, D.C., the several States. Forces Examination (SSS Form 223) or once each year on a date the Director Postpones that time when such registrant shall fix, and shall be applied nation­ § 1631.5 Allocations by State Director shall so report and advises the regis­ wide. The random selection method shall o f Selective Service. trant in writing of such cancellation or use 365 days or, when appropriate, 366 Postponement. The State Director of Selective Service days to represent the birthdays (month shall direct each local board to select and (b ) I f the time when the registrant is and day only) of all registrants who, deliver men for induction in accordance ordered to report for Armed Forces ex­ during the calendar year within which with the rules and regulations as the amination is postponed, it shall be the occurs the date fixed for the drawing, Director of Selective Service may outy of the registrant to report for shall have attained their 19th but not prescribe. Armed Forces examination upon the their 20th year of age. The drawing, com­ termination of such postponement and mencing with the first day selected and § 1631.6 Action by local board upon re­ e shall report for Armed Forces exam- continuing until all 365 days or, when ceipt o f allocation. “ S ft. at such time and place as may be appropriate, 366 days are drawn, shall (a) When an allocation is received axed by the local board. Regardless of from the State Director of Selective e. “ me when or the circumstances be accomplished impartially. The ran­ dom selection sequence thus obtained Service, the executive secretary or clerk, wider which a registrant fails to report if so authorized, or a local board member hi® Forces examination when it is shall, in accordance with the Selective shall select as provided herein, and issue hie d l i. so. it shall thereafter be Service Regulations, determine the orders to report for induction to those continuing duty from day to day to order of selection of such registrants. men required to fill the call from among

No. 212------g FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21082 PROPOSED RULE MAKING its registrants who have been classified (c) Definitions: never been assigned to the Extended Pri­ in Class 1-A or Class 1-A-O and have (1) ^Extended Priority Selection Group ority Selection Group; except that mem­ been found acceptable for service in the consists of registrants who on Decem­ bers of the Extended Priority Selection Armed Forces and to whom a Statement ber 31 were members of the First Priority Group who would have been ordered to of Acceptability (DD Form 62) has been Selection Group whose random sequence report for induction to fill the last call in mailed: Provided, That notwithstanding number had been reached but who had the first quarter of the calendar year but Part 1628 of this chapter or any other not been issued Orders to Report for who could not be issued orders shall re­ provision of these regulations, when a Induction. main in the Extended Priority Selection registrant in whatever classification has (2) First Priority Selection Group: Group and shall be ordered to report for refused or otherwise failed to comply (1) 1970. In the calendar year 1970, induction as soon as practicable. Circum­ with an order of his local board to report nonvolunteers in Class 1-A or 1-A-O stances which would prevent such an for and submit to an Armet". Forces bom on or after January 1, 1944, and on order shall include but not be limited to physical examination, he may, after he or before December 31, 1950, who have those arising from a personal appear­ is reclassified into Class 1-A or 1-A-O be not attained the 26th anniversary of the ance, appeal, preinduction physical ex­ selected and ordered to report for induc­ dates of their birth. amination, reconsideration, judicial pro­ tion even though he has not been found (ii) 1971 and later years. In the calen­ ceeding, or inability of the local board acceptable for service in the Armed dar year 1971 and each calendar year to act. Forces and a Statement of Acceptability thereafter, nonvolunteers in Class 1-A, (6) Any registrant assigned to a lower (DD Form 62) has not been mailed to Class 1-A-O, or Class 1-H who prior to priority selection group or the Extended him, and in such case the Armed Forces January of each such calendar year have Priority Selection Group, who while in examination shall be performed after he attained the age of 19 years but not of such priority selection group receives a has reported for induction as ordered 20 years and nonvolunteers who prior to deferment or exemption, and who sub­ and he shall not be inducted until his January 1 of each such calendar year sequently is reclassified into Class 1-A, acceptability has been satisfactorily de­ have attained the age of 19 but not of 26 Class 1-A-O, or Class 1-H, shall be as­ termined: Provided further, That a years and who during that year are signed to the priority selection group registrant who has volunteered for in­ classified into Class 1-A, Class 1-A-O, which, at the time of such reclassifica­ duction may be selected and ordered to or Class 1-H. tion, is in the same corresponding posi­ report for induction to fill an induction (3) Lower priority selection groups. tion as was the priority selection group call notwithstanding the fact that he has One or more priority selection groups of which he was a member when he re­ not been found acceptable for service in lower than the First Priority Selection ceived such deferment or exemption. the Armed Forces and regardless of Group in a given year. (7) A registrant in category (b) (2), whether or not a Statement of Accepta­ (4) “Reached” random sequence num­ (3), or (4) can be inducted under those bility (DD Form 62) has been mailed to ber. A registrant’s random sequence provisions after he has attained the age him, but in such case the Armed Forces number will be deemed to have been of 26 only if he has extended liability and examination shall be performed after he “reached” if such number is equal to or has been issued an order to report for has reported for induction as ordered lower than the random sequence number induction prior to such birthday. and he shall not be inducted until his set by the Director of Selective Service (8) Within category (3) and (4) listed acceptability has been satisfactorily or the highest random sequence number in (b) there shall be a subgroup consist­ determined. to be ordered for induction for that cal­ ing of registrants who have a wife whom (b) Registrants shall be selected and endar year for any registrant in that they married on or before August 26, ordered to report for induction in the priority selection group. 1965, and with whom they maintain a following categories and in the order (d) Procedures: bona fide family relationship in their indicated: • (1) Local boards shall identify regis­ homes. Registrants in any such subgroup (1) Volunteers who have not attained trants in the appropriate groups as pro­ shall be subject in all respects to this the age of 26 years in the sequence in vided in this section. section except that they shall be selected which they have volunteered for (2) Members of the First Priority after other registrants in the group of induction. Selection Group on December 31 in any which that subgroup is a part. (2) Nonvolunteers in the Extended calendar year whose random sequence Priority Selection Group in the order of numbers have not been reached by that § 1631.7 Registrants who shall be in­ their random sequence number estab­ date, or members of any subgroup which ducted without calls. lished by random selection procedures was not reached during such calendar (a) Notwithstanding any other provi­ prescribed in accordance with § 1631.1. year, shall be assigned to the priority sion of the regulations in this chapter, (3) Nonvolunteers in the First Prior­ selection group which is next below the any registrant enlisted or appointed after ity Selection Group in the order of their First Priority Selection Group for the October 4, 1961, in the Ready R e se rv e of random sequence number established by immediately succeeding calendar year. any reserve component of the Armed random selection procedures prescribed (3) On December 31 of each year, each Forces (other than under section 511(b) in accordance with § 1631.1. priority selection group below the first of title 10, United States Code), the Army (4) Nonvolunteers in each of the priority selection group shall be reduced National Guard, or the Air N ational lower priority selection groups, in turn, one step further in priority. In this man­ Guard, prior to attaining the age o f 26 within the group in the order of their ner the second priority selection group years, or any registrant enlisted or ap­ random sequence number established by would become the third, the third would pointed in the Army National G u a rd or random selection procedures prescribed become the fourth, and so on. the Air National Guard prior to attain ­ in accordance with § 1631.1. (4) Members of the First Priority ing the age of 18 years and 6 m o n th s and (5) Nonvolunteers who have attained Selection Group on December 31 in any prior to September 3, 1963, and deferred the age of 19 years during the calendar calendar year whose random sequence under the provisions of section 6(c)(2) year but who have not attained the age number had been reached but who had (A) of the Military Selective S e rv ic e Act of 20 years, in the order of their dates not been issued Orders to Report for which were in effect prior to Septem ­ of birth with the oldest being selected induction during the calendar year shall ber 3, 1963, or any registrant en listed m first. be assigned to the Extended Priority the Ready Reserve of any reserve com­ (6) Nonvolunteers who have attained Selection Group for the immediately ponent of the Armed Forces prior to at­ the age of 28 years in the order of their succeeding calendar year. taining the age of 18 years and 6 months dates of birth with the youngest being (5) Members of the Extended Priority and prior to August 1, 1963, and deferrea selected first. Selection Group who have not been is­ under section 262 of the Armed Forces (7) Nonvolunteers who have attained sued orders to report for induction and Reserve Act of 1952, as amended, wn the age of 18 years and 6 months and originally scheduled for a date prior to fails to serve satisfactorily during n® who have not attained the age of 19 years April 1 shall forthwith be assigned to the obligated period of service as a m em oe in the order of their dates of birth with lower priority selection group to which of such Ready Reserve or Nations the oldest being selected first. they would have been assigned had they Guard or the Ready Reserve of anotner

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 PROPOSED RULE MAKING 21083 reserve component or the National Guard report for induction shall be at least 30 to induction is amended to read as of which he becomes a member as cer­ days after the date on which the Order follows: tified by the respective armed force, shall to Report for Induction (SSS Form 252) (a) When the local board orders the be ordered to report for induction by the is mailed, except that a registrant who registrant for induction it shall be the local board regardless of the class in has volunteered for induction may be duty of the registrant to report for in­ which he is classified and without chang­ ordered to report for induction on any duction at the time and place ordered by ing his classification. Any registrant who date after he has so volunteered. the local board. If the time when the is ordered to report for induction under (b) Any registrant who has been or­ registrant is ordered to report for induc­ this paragraph shall be forwarded for dered for induction and who is distant tion is postponed, it shall be the con­ induction at the next time the local from his local board of origin, must re­ tinuing duty of the registrant to report board is forwarding other registrants for port at the time and place specified on for induction at such time and place as induction or at any prior time when the notice ordering him for induction, may be ordered by the local board. Re­ special arrangements have been made unless he voluntarily submits to process­ gardless of the time when or the circum­ with the induction station, without any ing for induction at any Armed Forces stances under which a registrant fails to calls being made for the delivery of such Examining and Entrance Station and is registrants. Whenever the local board actually inducted into the Armed Forces report for induction when it is his duty to desires to deliver such a registrant spe­ on or before the third day prior to the do so, it shall thereafter be his continuing cially, it shall request the State Director day that he was required to report in ac­ duty from day to day to report for in­ of Selective Service to make the special cordance with his local board’s induction duction to his local board. arrangements for the time and place at order. which the registrant may be delivered (c) If the registrant is inducted or if for induction. the registrant is found not qualified for PART 1642— DELINQUENTS (b) At the induction station, each reg­ induction pursuant to paragraph (b) S ec. 17. Part 1642—Delinquents is istrant who is forwarded for induction thereof, the Armed Forces Examining revoked. under paragraph (a) of this section shall and Entrance Station shall inform the be inducted'into the armed force of which local board which ordered the registrant the reserve component in which the reg­ for induction of such event, and in either PART 1655— REGISTRATION OF U.S. istrant is a member is a part. event the registrant shall not be required CITIZENS OUTSIDE THE UNITED (c) Notwithstanding any other provi­ to comply with the local board’s order. STATES AND CLASSIFICATION OF sion of law, any registrant who has failed § 1632.5 [Revoked] SUCH REGISTRANTS or refused to report for induction shall continue to remain liable for induction b. Section 1632.5 Preparing records § 1655.6 [Revoked] and when available shall be immediately for a group ordered to report for induc­ tion is revoked. Sec. 18. Section 1655.6 Records to be inducted. completed by local board receiving reg­ § 1632.10 [Amended] istration questionnaire—Foreign (SSS PART 1632— DELIVERY AND c. P a r a g r a p h (c) of § 1632.10 Form 50) and assignment of selective INDUCTION Transfer for induction is amended to service number is revoked. Sec. 16. Part 1632 is amended as read as follows: follows: (c) When the local board to which the a. Section 1632.1 is amended to read as registrant has been transferred for in­ PART 1660— CIVILIAN WORK IN follows: duction receives the papers from the LIEU OF INDUCTION registrant’s own local board, as provided § 1632.1 Order to report for induction. in paragraph (b) of this section, it shall Sec. 19. Part 1660—Civilian Work In (a) Immediately upon determining proceed to deliver him for induction as Lieu of Induction is revoked. soon as practicable. which men are to report for induction, C urtis W .T arr, the local board shall prepare for each § 1632.14 [Amended] Director. man an Order to Report for Induction d. Paragraph (a) of § 1632.14 Duty N ovember 1.1971. (SSS Form 252). The date specified to of registrant to report for and to submit [PR Doc.71-16100 Filed 11-2-71:8:61 am]

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21084

N otices

concerning injury to or likelihood of 1971, on page 1546. The “Antidumping DEPARTMENT OF THE TREASURY injury to or prevention of establishment Proceeding Notice” indicated that there of an industry in the United States. was evidence on record concerning in­ Bureau of Customs Pursuant to section 201(b) of the Act jury to or likelihood of injury to or pre­ DEFLECTION YOKES FROM JAPAN (19 U.S.C. 160(b)) notice is hereby given vention of establishment of an industry that there are reasonable grounds to be­ in the United States. Antidumping Proceeding Notice lieve or suspect that the purchase price Pursuant to section 201(b) of the Act (19 U.S.C. 160 (to)), notice is hereby given On September 22, 1971, information (section 203 of the Act; 19 U.S.C. 162) of ice cream sandwich wafers from Canada that there are reasonable grounds to be­ was received in proper form pursuant to lieve or suspect that the purchase price §§ 153.26 and 153.27, Customs regulations is less, or likely to be less, than the for­ eign market value (section 205 of the (section 203 of the Act; 19 U.S.C. 162) (19 CFR 153.26, 153.27), indicating a of asbestos-cement pipe from Japan is possibility that deflection yokes (of the Act; 19 U.S.C. 164). Customs officers are being directed to less, or likely to be less, than the foreign type used in color television receivers) market value (section 205 of the Act; 19 from Japan are being, or likely to be, withhold appraisement of ice cream sandwich wafers from Canada in ac­ U.S.C. 164). sold at less than fair value within the Statement of Reasons: meaning of the Antidumping Act, 1921, cordance with § 153.48, Customs Regula­ tions (19 CFR 153.48). Information currently before the Bu­ as amended (19 U.S.C. 160 et seq.). reau tends to indicate that the probable There is evidence on record concern­ In accordance with §§ 153.32(b) and basis of comparison for fair value pur­ ing injury to or likelihood of injury to or 153.37, Customs Regulations (19 CFR poses will be between purchase price and prevention of establishment of an in­ 153:32 (b ), 153.37) interested parties may home market price of such or similar dustry in the United States. present written views or arguments, or merchandise. Having conducted a summary investi­ request in writing that the Secretary of Preliminary analysis suggests that pur­ gation as required by § 153.29 of the Cus­ the Treasury afford an opportunity to chase price will probably be calculated toms regulations (19 CFR 153.29) and present oral views. by deducting from the f.a.s. Japanese having determined as a result thereof Any requests that the Secretary of the port price inland freight and shipping that there are grounds for so doing, the Treasury afford an opportunity to present charges. Bureau of Customs in instituting an in­ oral views should be addressed to the It appears that home market price will quiry to verify the information submit­ Commissioner of Customs, 2100 K Street be based on the delivered job site price ted and to obtain the facts necessary to NW., Washington, DC 20226, in time to with a deduction made for inland freight. enable the Secretary of the Treasury to be received by his office not later than 7 Adjustments will be made for differences reach a determination as to the fact or days from the date of publication of this in packing, inspection fees, interest ex­ likelihood of sales at less than fair value. notice in the F ederal R egister. penses, commissions, and technical serv­ A summary of information received Any written views or arguments should ices, as appropriate. from all sources is as follows: likewise be addressed to the Commis­ Using the above criteria, there are The information received tends to in­ sioner of Customs in time to be received reasonable grounds to believe or suspect dicate that the prices of the merchan­ by his office not later than 14 days from that purchase price will be lower than dise sold for exportation to the United the date of publication of this notice in home market price. States are less than the prices for home the F e d e r a l R e g is t e r . Customs officers are being directed to consumption. This notice, which is published pur­ withhold appraisement of asbestos-ce­ This notice is published pursuant to suant to § 153.34(a), Customs Regula­ ment pipe from Japan in accordance § 153.30 of the Customs regulations (19 tions, shall become effective upon publi­ with section 153.48, Customs Regulations CFR 153.30). cation in the F ederal R egister. It shall (19 CFR 153.48), cease to be effective at the expiration of In accordance with § § 153.32 (b) and [seal] Edw in F. R ains, 153.37, Customs Regulations (19 CFR Acting Commissioner of Customs. 3 months from the date of this publica­ tion, unless previously revoked. 153.32(b), 153.37), interested parties may Approved: October 21,1971. present written views or arguments, or [ seal] M yles J. Ambrose, request in writing that the Secretary of E ugene T. R ossides, Commissioner of Customs. the Treasury afford an opportunity to Assistant Secretary Approved: October 26,1971. present oral views. of the Treasury. Any requests that the Secretary of the [PR Doc.71-16139 Piled ll-2-71;8:52 am] Eugene T. R ossides, Treasury afford an opportunity to pre­ Assistant Secretary of the sent oral views should be addressed to Treasury. the Commissioner of Customs, 2100 K ICE CREAM SANDWICH WAFERS [FR Doc.71-16137 Filed ll-2-71;8:52 am] Street NW., Washington, DC 20226, in FROM CANADA time to be received by his office not later than 10 calendar days from the date of Withholding of Appraisement Notice ASBESTOS-CEMENT PIPE FROM publication of this notice in the Federal Information was received on Octo­ JAPAN R e g is t e r . ber 21, 1970, that ice cream sandwich Withholding of Appraisement Notice Any written views or arguments should wafers from Canada were being sold at ikewise be addressed to the Com m is­ less than fair value within the meaning Information was received on Novem­ sioner of Customs in time to be received of the Antidumping Act, 1921, as ber 13, 1970, that asbestos-cement pipe oy his office not later than 30 days from amended (19 U.S.C. 160 et seq.) (re­ from Japan was being sold at less than -T_4-V>ic nn+.if’.ff 111 ferred to in this notice as “the Act” ). fair value within the meaning of the the F ederal R egister. This information was the subject of an Antidumping Act, 1921, as amended (19 This notice, which is published pursu­ “Antidumping Proceeding Notice,” which U.S.C. 160 et seq.) (referred to in this ant to section 153.34(b), Customs Regu­ notice as “the Act”). This information was published in the F ederal R egister of lations, shall become effective upon pub­ February 19, 1971, on page 3203. The was the subject of an “Antidumping Pro­ “Antidumping Proceeding Notice” indi­ ceeding Notice” which was published in lication in the F e d e r a l R e g is t e r . It shall cated that there was evidence on record the F ederal R egister of February 2, cease to be effective at the expiration of

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 NOTICES 21085

6 months from the date of this publica­ Home market price was based on the the direct supervision of the district tion, unless previously revoked. f.o.b. factory price with deductions made manager. The district manager may at for a cash discount. Adjustments were any time temporarily restrict or with­ [seal] Edw in P. R ains, hold any portion of the above-delegated Acting Commissioner of Customs. made for a packing and shipping differ­ ential and differences in commissions. authority through use of Bureau Form Approved: October 26, 1971. Using the above criteria, purchase 1213-1 District Office Authority and price was lower than home market price. Responsibility Guide. Eugene T. R ossides, Assistant Secretary This determination is published pur­ This order will become effective upon of the Treasury. suant to section 201(c) of the Act (19 publication in the Federal R egister U.S.C. 160(c)). (11-3-71). Supersedes the redelegation of [FR Doc.7I-16140 Filed ll-2-71;8:52 am] September 8, 1971, and printed in the [ seal] Eugene T. R ossides, Assistant Secretary of the Treasury. F ederal R egister of September 16, 1971. Office of the Secretary [FR Doc.71-16138 Filed 11-2-71:8:52 am] A rthur W. Zimmerman, Acting State Director. PENTAERYTHRITOL FROM ITALY Approved: Notice of Discontinuance of G eorge L. T uscott, Antidumping Investigation DEPARTMENT OF THE INTERIOR Associate Director. On July 23, 1971, there was published Bureau of Land Management [FR Doc.71-16009 Filed ll-2-71;8:49 am] in the F ederal R egister a “Notice of In­ ■ OREGON tent to Discontinue Antidumping Inves­ tigation” of pentaerythritol from Italy. Redelegation of Authority Geological Survey The statement of reasons for intend­ O ctober 22, 1971. CALIFORNIA ing to discontinue this investigation was published in the above-mentioned notice, Pursuant to the authority contained in Known Geothermal Resources Areas, and interested parties were afforded an section 1.1(a) of Bureau Order 701, as Correction opportunity to make written submissions amended, the following specific author­ and to present oral views in connection ities delegated to the State Director in In F.R. Doc. 71-14525 appearing on with the intended action. the cited Bureau order are hereby re- page 19409 of the issue of October 5,1971, No written submissions or requests delegated to the incumbent of the posi­ the following change should be made: having been received and for the reasons tions designated. The specific authorities The first line under the heading “East stated in the “Notice of Intent to Dis­ redelegated are those listed in the des­ Mesa Known Geothermal Resources continue Antidumping Investigation,” I ignated sections of the Bureau order Area” , now reading T. 15 S., R. 16 E. hereby discontinue the antidumping in­ and are subject to the limitations listed should read T. 15 S., R. 16 E., SBM. All vestigation of pentaerythritol from Italy. in that order together with any addi­ the following townships are also in this This “Notice of Discontinuance of tional limitations outlined below. meridian. Antidumping Investigation” is published S ection 1.8 Forest Management. The Dated: October 22,1971. pursuant to § 153.15(b) of the Customs area managers in the Oregon District regulations (19 CFR 153.15(b)). Offices and Spokane, Wash. District Of­ W. A. R a d l i n s k i , fice may take action on: Acting Director. Eugene T. R ossides, a. Disposition of forest products: [FR Doc.71-15996 Filed 11-2-71:8:48 am] Assistant Secretary of the Treasury. (1) The area managers in the Salem, October 21,1971. Eugene, Roseburg, Medford and Coos [FR Doc.71-16141 Filed ll-2-71;8:52 am] Bay District Offices may take action on National Park Service disposition of forest products except sales [Order 71] of timber in excess of 1 million board ICE CREAM SANDWICH WAFERS feet. DIRECTOR AND ASSISTANT DIRECTOR, FROM CANADA (2) The area managers in Baker, COOPERATIVE ACTIVITIES, NA­ Bums, Lakeview, Prineville, Vale, Ore­ TIONAL CAPITAL PARKS Determination of Sales at Less than gon, and Spokane, Wash. District Offices Fair Value may take action on disposition of forest Delegation of Authority Regarding Information was received on Octo­ products except sales of timber in excess Representation on Zoning Commis­ ber 21, 1970, that ice cream sandwich of 250,000 board feet. sion of District of Columbia Sec. 1.9 Lands use (a)-(f) [Re­ wafers from Canada were being sold at S ection 1. Delegation. The authority less than fair value within the meaning served]. delegated by the Secretary of the Interior of the Antidumping Act, 1921, as (g) Materials. The area managers Into the Director, National Park Service, amended (19 U.S.C. 160 et seq.) (referred the Salem, Eugene, Roseburg, Medford, to serve as a member of the Zoning Com­ to in this notice as “the Act” ) . and Coos Bay District Offices and the mission of the District of Columbia is A “Withholding of Appraisement No­ Chiefs, Division of Resource Management hereby redelegated to the Asssitant Di­ tice” issued by the Commissioner of Cus­ in the Lakeview, Burns, Vale, Prineville, rector, Cooperative Activities, National toms is being published concurrently Baker, and Spokane District Offices may Capital Parks and, in the event of his with this notice. take action on any sale or contract for inability to serve, to the Director, I hereby determine that ice cream sale of materials other than forest prod­ National Capital Parks. sandwich wafers from Canada are being, ucts, or the free use of materials other S ec. 2. Redelegation. The authority or are likely to be, sold at less than fair than forest products, under 43 CFR Part delegated in section 1 of this order may value within the meaning of section 201 3610 except transactions in which the not be redelegated. (a) of the Act. materials are valued in excess of $2,000. Statement of reasons: The area managers in the Lakeview, Sec. 3. Revocation. Delegation Order The information currently before the Burns, Vale, Prineville, Baker, and Spo­ No. 49 of February 12, 1968 (33 F.R. Bureau indicates that the proper basis kane District Offices may make such 4591) is hereby revoked. of comparison will be between purchase material disposals in which the materials (41 Start. 500, Reorganization Plan No. 3 of price and home market price of such or are valued at $300 or less. All of the 1950, 245 DM1 (27 F.R. 6395) as amended) similar merchandise. above authorities redelegated to the area Dated: October 28,1971. Purchase price was calculated by de­ managers or chief, Division of Resource ducting from the f.o.b. factory price a Management in district offices are to be R aymond L. F reeman, cash discount. Canadian rebates and performed in their respective areas of Acting Director, drawback refunded upon exportation are responsibility and in accordance with ex­ National Park Service. added back. isting policies, and regulations and under [FR Doc.71-15994 Filed ll-2-71;8:48 am]

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21086 NOTICES

[Order 72} requirements of sections 1-4, 6-10, and Dr. N. B. Isom, Director, Southeastern Region, Meat and Poultry Inspection Program, DIRECTOR AND ASSISTANT DIRECTOR, 12-22 of said Act shall apply to in­ trastate operations and transactions, Room 216, 1718 Peachtree Street NW., COOPERATIVE ACTIVITIES, NA­ Atlanta, GA 30309. Telephone: AC 404/526- and to persons engaged therein, with re­ 3911. TIONAL CAPITAL PARKS spect to poultry, poultry products, and Done at Washington, D.C., on Octo­ Delegation of Authority other articles subject to the Act, if he determined after consultation with the ber 29, 1971. S ection 1. Delegation. The authority Governor of the State, or his representa­ J. Phil Campbell, vested in the Director, National Park tive, that the State involved had not de­ Under Secretary. Service, to serve as an ex officio member veloped and activated requirements at [FR Doc.71-16028 Filed ll-2r-71;8:50 am] of the National Capital Planning Com­ least equal to those under sections 1-4, mission is hereby redelegated to the As­ 6-10, and 12-22, with respect to estab­ sistant Director, Cooperative Activities, lishments within the State (except those National Capital Parks, and, in the event that would be exempted from Federal in­ DEPARTMENT OF of his inability to serve, to the Director, spection under subsection 5(c) (2) of the National Capital Parks. A ct), at which poultry are slaughtered or TRANSPORTATION Sec. 2. Redelegation. The authority poultry products are processed for use as delegated in section 1 of this order may human food, solely for distribution within Coast Guard not be redelegated. such State, and the products of such [CGFR 71-123] Sec. 3. Revocation. Delegation Order establishments. However, if the Secretary No. 56 of June 19, 1970 (35 F.R. 10697) is had reason to believe that the State BISCAYNE BAY ADJACENT TO KEY hereby revoked. would activate the necessary require­ BISCAYNE, FLA. ments within an additional year, he could (66 Stat. 782, as amended; 40 UJS.C. 71a(b) Security Zone (!) ) allow the State the additional year in which to activate such requirements. The The security zone for Biseayne Bay Dated: October 28,1971. Secretary had reason to believe, after adjacent to Key Biseayne as published R aymond L. F reeman, consultation with the Governor of the in the F ederal R egister of November 30, Acting Director, Commonwealth of Puerto Rico, that the 1968 (33 F.R. 17864) is hereby termi­ National Park Service. Commonwealth would develop and acti­ nated. In lieu thereof, and by authority vested in the Commandant, U S. Coast [FR Doc.71-15995 Filed 11-2-71; 8:48 am] vate the prescribed requirements by Au­ gust 18,1971, and accordingly allowed the Guard, by Executive Order 10173, as Commonwealth the additional period of amended (33 CFR Part 6), sec. 6(b) (1), Office of the Secretary time for this purpose. However, the Sec­ 80 Stat. 937, 49 U.S.C. 1655(b)(1), 49 retary has now determined that Puerto CFR 1.46(b) and the redelegation of MAXWELL S. McKNIGHT Rico has not developed and activated authority to the Chief, Office of Marine the prescribed requirements. Therefore, Environment and Systems, U.S. Coast Statement of Changes in Financial notice is hereby given that the Secretary Guard Headquarters, as published in the Interests of Agriculture wifi designate the Com­ F ederal R egister of September 30, 1971 In accordance with the requirements monwealth of Puerto Rico under section (36 F.R. 19160), I hereby affirm for pub­ of section 710(b) (6) of the Defense Pro­ 5(c) of the Act as soon -as necessary lication in the F ederal R egister the duction Act of 1950, as amended, and Ex­ arrangements can be made for determin­ order of O. R. Smeder, Rear Admiral, ecutive Order 10647 of November 28, ing which establishments in Puerto Rico U.S. Coast Guard, Commander, Seventh 1955, the following changes have taken are eligible for Federal inspection, pro­ Coast Guard District, who has exercised place in my financial interests during the viding inspection at the eligible establish­ authority as District Commander, such past 6 months: ments, and otherwise enforcing the ap­ order reading as follows: (1) None. plicable provisions of the Federal Act B i s c a y n e B a y A d j a c e n t t o K e y B i s c a y n e , (2) None.- with respect to intrastate activities in M i a m i , F l a . (3) None. Puerto Rico when the designation is made D e s i g n a t i o n a n d E stablishment (4) None. and becomes effective. As soon as these SECURITY ZONE This statement is made as of Octo­ arrangements are completed, notice of Pursuant to the request of the U.S. Secret ber 26,1971. the designation will be published in the Service, and acting under the authority of Dated: October 13, 1971. F ederal R egister. Upon the expiration the Act of June 15, 1917 (40 Stat. 220), as amended, and the regulations in Part 6, Sub- M axwell S. M cK night. of 30 days after such publication, the pro­ chapter A, Chapter I, Title 33, Code of Federal [FR Doc.71-15997 Filed ll-2-71;8:48 am] visions of sections 1-4, 6-10, and 12-22 Regulations, and as Commander, Seventh of the Act shall apply to intrastate opera­ Coast Guard District,' I hereby designate and establish a security zone as follows: tions and transactions and persons en­ All water and land bounded by and within gaged therein in Puerto Rico to the same the perimeter commencing at the southern DEPARTMENT OF AGRICULTURE extent and in the same manner as if such tip of Harbor Point on Key Biscayne, Miami, Fla., in position 25°41'17.5" N., 80°10'32" W.; Consumer and Marketing Service operations and transactions were con­ thence along a line bearing 304° to position ducted in or for “commerce,” within the 25°41'36'' N., 80°11'02.5" W.; thence along a POULTRY INSPECTION meaning of the Act, and any establish­ line bearing 034° to position 25°42'07.5" N., Notice of Intended Designation of ment in Puerto Rico which conducts any 80°10'4Q" W.; thence along a line bearing 124° to the shoreline on Key Biseayne at Commonwealth of Puerto Pico slaughtering of poultry or processing of position 25°41 '50" N., 8Q°10'12" W.; thence Under the Poultry Products Inspec­ poultry products as described above must southerly along the water’s edge to the point tion Act have Federal inspection or cease its oper­ of origin. All persons and vessels are directed to re­ Section 5(c) of the Poultry Prod­ ations, unless it qualifies for an exemp­ main outside the closed area. This order will ucts Inspection Act (21 U.S.C. 454(c)) tion under subsection 5(c) (2) or section be enforced by the Group Commander, Miami, required the Secretary of Agriculture 15 of the Act. and by U.S. Coast Guard personnel under his command or the command of Commander, to designate promptly after August 18, Therefore, the operator of each such Seventh Coast Guard District. The aid of 1970, any State1 as one in which the establishment in Puerto Rico who desires other Federal, State, municipal and private to conduct such operations after designa­ agencies may be enlisted under the authority 1 As used in section 5(c) of the Act, the tion of Puerto Rico becomes effective of the Captain of the Port In the enforce­ term “State” includes the Commonwealth of ment of this order. Puerto Rico and any organized Territory of should immediately communicate with Penalties for violation of the above order: the United States. the Regional Director specified below: Section 2, title II of the act of June 15,191%

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971

\ NOTICES 21087 as amended, 50 U.S.C. 192, provides as fol­ For violation of this order, section 2 of 5 years from the date of issuance, unless lows: If any owner, agent, master, officer or title n of the Espionage Act of June 15, 1917 sooner canceled or suspended by proper person in charge, or any member of the crew (40 Stat. 220 as amended, 50 U.S.C. 192), authority. of any such vessel fails to comply with any provides: regulations or rule issued or order given If any owner, agent, master, officer, or per­ B u o y s , L i f e , R i n g , C o r k , o r B a l s a W oo d under the provisions of this title, or ob­ son in charge, or any member of the crew f o r M e r c h a n t V e s s e l s an d structs or interferes with the exercise of any of any such vessel faUs to comply with any M o t o r b o a t s power conferred by this title, he shall be regulation or rule issued or order given un­ punished by imprisonment for not more than der the provisions of this chapter, or ob­ Approval No. 160.009/36/0, 30-inch 10 years and may, at the discretion of the structs or interferes with the exercise of any cork ring life buoy, dwg. No. 5-1-51, court, be fined not more than $10,000. power conferred by this chapter, the ves­ manufactured by Atlantic-Pacific Man­ sel, together with her tackle, apparel, fur­ ufacturing Corp., 124 Atlantic Avenue, Dated: October 28,1971. niture, and equipment, shall be subject to seizure and forfeiture to the United States Brooklyn, NY 11201, effective March 2, W . M . B e n k e r t , in the same manner as merchandise is for­ 1971. (It is an extension of Approval No. Rear Admiral, U.S. Coast Guard, feited for violation of the customs revenue 160.009/36/0 dated May 26, 1966.) Chief, Office of Marine Envi­ laws; and the person guilty of such faUure, ronment and Systems. obstruction, or interference shall be punished B u o y a n t A p p a r a t u s f o r M e r c h a n t V e s s e l s [PR Doc.71-16014 Piled ll-2-71;8:49 am] by imprisonment for not more than 10 years and may, in the discretion of the court, be Approval No. 160.010/61/0, 5.0' x 2.5' fined not more than $10,000. (1V2" x 9 " body section), solid balsa [CGFR 71-126] (a) If any other person knowingly faUs to comply with any regulation or rule issued wood fiber glass covered buoyant ap­ SAN DIEGO HARBOR or order given under the provisions of this paratus, 5-person capacity, dwg. No. chapter, or knowingly obstructs or interferes 32761, Rev. A, dated June 6, 1961, and Security Zone with the exercise of any power conferred by Specification, Rev. II, dated June 6, this chapter, he shall be punished by impris­ 1961, manufactured by Atlantic-Pacific By virtue of the authority vested in the onment for not more than 10 years and may, Commandant, U.S. Coast Guard, by Manufacturing Corp., 124 Atlantic Ave­ at the discretion of the court, be fined not nue, Brooklyn, NY 11201, effective March Executive Order 10173, as amended (33 more than $ , . 10 000 2, 1971. (It is an extension of Approval CFR Part 6, sec. 6(b)(1), 80 Stat. 937, 49 U.S.C. 1655(b)(1), 49 CFR 1.46(b)) Dated: October 29, 1971. No. 160.010/61/0 dated May 26, 1966.) and the redelegation of authority to the W . M . B e n k e r t , L a d d e r s, E m b a r k a t io n —D e b a r k a t io n Chief, Office of Marine Environment and Rear Admiral, U.S. Coast Guard, (F l e x i b l e ) , f o r M e r c h a n t V e s s e l s Systems, U.S. Coast Guard Headquar­ Chief, Office of Marine Envi­ ronment and Systems. Approval No. 160.017/4/8, Model 241- ters as contained in the F e d e r a l R e g i s ­ A, Type II, embarkation-debarkation ter of September 30,1971 (36 F.R. 19160), [PR Doc.71-16015 Piled 11-2-71:8:49 am] ladder, chain suspension, steel ears, dwg. I hereby affirm for publication in the No. 241—A dated February 21, 1950, re­ F ederal R e g is t e r the order of A. H. [CGPR 71-118] vised March 18, 1966, approval limited Siemens, Captain, U.S. Coast Guard, to ladders 60 feet or less in length, man­ Captain of the Port, San Diego,. Calif., EQUIPMENT, CONSTRUCTION, AND ufactured by Great Bend Manufacturing MATERIALS Corp., 234 Godwin Avenue, Paterson, who has exercised authority as Captain NJ 07501, effective February 1, 1971. (It of the Port, such order reading as follows: Approval Notice is an extension of Approval No. 160.017/ S a n D i e g o H a r b o r 1. Certain laws and regulations (46 4/8 dated April 15, 1966.) SECURITY ZONE CFR Ch. I) require that various items Approval No. 160.017/16/3, Model 10 PL-S, Type n , embarkation-debarkation Under the present authority of section 1 of lifesaving, firefighting and miscel­ laneous equipment, construction, and ladder, chain suspension, steel ears, dwg. of title II of the Espionage Act of June 15, dated November 28,1956, revised April 11, 1917, 40 Stat. 220, as amended, 50 U.S.C. 191, materials used on board vessels subject and Executive Order 10173, as amended, I to Coast Guard inspection, on certain 1966, approval limited to ladders 65 feet declare that from 0730 P.s.t. on November 8, motorboats and other recreational ves­ or less in length, manufactured by H. K. 1971, until the TJ.S.S. Kitty Hawk has cleared sels, and on the artificial islands and Metalcraft Manufacturing Corp., 35 In­ San Diego Harbor, the following area is a fixed structures on the outer Continental dustrial Road, Post Office Box 275, Lodi, Security Zone and I order it closed to any Shelf be of types approved i>y the Com­ NJ 07644, effective February 1, 1971. (It person or vessel due to the transiting of San mandant, U.S. Coast Guard. The pur­ is an extension of Approval No. 160.017/ Diego Harbor by the U.S.S. Kitty Hawk. The 16/3 dated April 15,1966.) Security Zone will be disestablished 1500 pose of this document is to notify all yards astern of the U.S.S. Kitty Hawk as she interested persons that certain approvals W a t e r , E m e r g e n c y D r in k i n g ( I n H e r ­ transits the channel. have been granted as herein described m e t i c a l l y S e a l e d C o n t a i n e r s ) , f o r The water area contained within the limits during the period from January 22,1971, M e r c h a n t V e s s e l s of the turning basin off the US. Naval Air to March 12, 1971 (Lists Nos. 4-71, 5- Station, North Island, San Diego Harbor. 71, 6-71, and 7-71). These actions were Approval No. 160.026/20/0, container The boundary of the basin begins at 32° 42' taken in accordance with the procedures for emergency provisions,, dwg. No. 202-P oJ” ri7°ll'2 0" W. to Mooring Buoy No. set forth in 46 CFR 2.75-1 to 2.75-50. and Specification 202-Srl dated April 6, 23, thence along a line from Mooring Buoy 1951, two containers required per ration, 23 to Mooring Buoy No. 27, thence to 2. The statutory authority for equip­ 32 42'11" N., 117°10'49" W. thence along ment, constniction, and material ap­ manufactured by Globe Equipment the face of the Naval Air Station North Is­ provals is generally set forth in sections Corp., 257 Water Street, Brooklyn, NY land to 32°42'21" N., 117°11'20" W.; and the 367, 375, 390b, 416, 481, 489, 526p, and 11201, effective March 1, 1971. (It is an Ban Diego Main Channel from the above- 1333 of title 46, United States Code, sec­ extension of Approval No. 160.026/20/0 aescribed turning basin to San Diego Chan­ tion 1333 of title 43, United States Code, dated May 25,1966.) nel Entrance Buoy No. 5, thence a 500-yard and section 198 of title 50, United States D a v i t s f o r M e r c h a n t V e s s e l s to San Diego Approach Lighted Code. The Secretary of Transportation wnistle Buoy No. 1SD, using San Diego Ap­ Approval No. 160.032/160/1, gravity proach Buoys 1, 3 and Entrance Channel has delegated authority to the Com­ uoy No. 5 as the westernmost boundary. mandant, U.S. Coast Guard with respect davit, Type 30-22, approved for a maxi­ °c?erson or vessel shall remain in or enter to these approvals (49 CFR 1.46(b)). mum working load of 22,240 pounds per is Seeurity Zone without permission of the The specifications prescribed by the set (11,120 pounds per arm) using 2-part ^aptain 0f the port> gan Dieg0) 295-3121. Commandant, U.S. Coast Guard for cer­ falls, identified by general arrangement orrt 6 CaPtain of the Port shall enforce this tain types of equipment, construction, dwg. No. 3015-1E, dated August 15, 1958, r ®r> -*-n the enforcement of this order, the and materials are set forth in 46 CFR and drawing list dated February 17,1966, on + Port may utilize, by appro- manufactured by Marine Safety Equip­ amTe^ greement’ Personnel and faculties of Parts 160 to 164. nr °, ,~,er Pederal agency, or of any State 3. The approvals listed in this docu­ ment Corp., Foot of Wycoff Road, Farm- political subdivision thereof. ment shall be in effect for a period of ingdale, N.J. 07727, effective January 27*

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21088 NOTICES

1971. (It is an extension of Approval No. 1), 74-person capacity, identified by con­ Approval No. 160.047/335/0, Type I, 160.032/160/1 dated March 2, 1966 and struction and arrangement dwg. No. Model CKS-1, child kapok buoyant vest, change in address of manufacturer.) 80305, Rev. J dated February 5,1971, for­ USCG Specification Subpart 160.047, merly built by Welin Davit & Boat Divi­ manufactured by Crawford Manufactur­ M echanical D isengaging A pparatus, sion of Continental Copper and Steel In­ ing Co., Inc., Third and Decatur Streets, Lifeboat, for M erchant V essels dustries, Inc., 46 CFR 160.035-13 (c) Richmond, VA 23212 and 12th and Gra­ Approval No. 160.033/51/0, Rottmer Marking. Weights: Condition “A” = ham Streets, Emporia, KS 66801, for type, size 0-1-C2, releasing gear, ap­ 4,955.0 pounds; Condition “B” =18,432.0 Montgomery Ward & Co., Inc., 619 West proved for. maximum working load of pounds, manufactured by Lane Lifeboat Chicago Avenue, Chicago, IL 60610, ef­ 18,000 pounds per set (9,000 pounds per Division of Lane Marine Technology Inc., fective February 10,1971. (It is an exten­ hook), identified by assembly drawing 150 Sullivan Street, Brooklyn, NY 11231, sion of Approval No. 160.047/335/0 dated No. R-145 dated December 27, 1955, effective March 5,1971. (It reinstates and April 28, 1966 and change in address of manufactured by Lane Lifeboat Division supersedes Approval No. 160.035/417/2 manufacturer.) of Lane Marine Technology Inc., 150 terminated February 16, 1967, to show B uoyant Cushions, K apok, or Fibrous Sullivan Street, Brooklyn, NY 11231, change in name and construction.) G lass effective March 1, 1971. (It is an exten­ B uoyant Vests, K apok, or F ibrous G lass sion of Approval No. 160.033/51/0 dated For motorboats of classes A, 1, or 2 not May 25, 1966 and change of name of For Motorboats of Classes A, 1, or 2 Not carrying passengers for hire. manufacturer.) Carrying Passengers for Hire. Approval No. 160.048/57/0, group ap­ L ifeboats Approval No. 160.047/330/0, Type I, proval for rectangular and trapezoidal Model AK-1, adult kapok buoyant vest, kapok buoyant cushions, USCG Specifi­ Approval No. 160.035/38/4, 24.0' x 7.75' U.S.C.G. Specification Subpart 160.047, cation Subpart 160.048, sizes and weights x 3.33' steel, motorpropelled lifeboat, manufactured by Crawford Manufactur­ of kapok filling to be as per table 160.- without radio cabin or searchlight, class ing Co., Inc., 3d and Decatur Streets, 048-4(c) (I) (i>, manufactured by Craw­ 1, 35-person capacity, identified by gen­ Richmond, Va. 23212 and 12th and ford Manufacturing Co., Inc., Third and eral arrangement and construction dwg. Graham Street, Emporia, Kans. 66801, Decatur Streets, Richmond, VA 23212 No. 24-001-03 dated November 2, 1970. effective February 10, 1971. (It is an and 12th and« Graham Streets, Emporia, This boat is built with a wooden or fi­ extension of Approval No. 160.047/330/0 KS 66801, effective February 10,1971. (It brous glass reinforced plastic (FRP) re­ dated April 28, 1966 and change in ad­ is an extension of Approval No. 160.048/ movable interior, formerly built by Welin dress of manufacturer.) 57/0 dated April 28, 1966 and change in Davit & Boat Division of Continental Approval No. 160.047/331/0, Type I, address of manufacturer.) Copper and Steel Industries Inc., 46 CFR Model CKM-1, child kapok buoyant vest, Approval No. 160.048/103/0, group ap­ 160.035- 13(c) Marking. Weights: Condi­ U.S.C.G. Specification Subpart 160.047, proval for rectangular and trapezoidal tion “A” =4,305 pounds; Condition manufactured by Crawford Manufac­ kapok buoyant cushions, USCG Specifi­ “B” =10,995 pounds, manufactured by turing Co., Inc., 3d and Decatur cation Subpart 160.048, sizes and weights Lane Lifeboat Division of Lane Marine Streets, Richmond, Va. 23212 and 12th of kapok filling to be as per table 160.- Technology Inc., 150 Sullivan Street, and Graham Streets, Emporia, Kans. 048-4(0 (1) (i), manufactured by Craw­ Brooklyn, NY 11231, effective Febru­ 66801, effective February 10, 1971. (It is ford Manufacturing Co., Inc., Third and ary 19, 1971. (It reinstates and super­ an extension of Approval No. 160.047/ Decatur Streets, Richmond, VA 23212 sedes Approval No. 160.035/38/3, termi­ 331/0 dated April 28,1966 and change in and 12th and Graham Streets, Emporia, nated June 21, 1965 to show change in address of manufacturer.) KS 66801, for Montgomery Ward & Co., name and construction.) Approval No. 160.047/332/0, Type I, Inc., 619 West Chicago Avenue, Chicago, Approval No. 160.035/281/3, 26.0' x Model CKS-1, child kapok buoyant vest, IL 60610, effective February 10, 1971. (It 9.0' x 3.83' steel, oar-propelled lifeboat, U.S.C.G. Specification Subpart 160.047, is an extension of Approval No. 160.048/ 53-person capacity, identified by general manufactured by Crawford Manufactur­ 103/0 dated April 28, 1966 and change in arrangement dwg. No. 26-9S, Rev. A ing Co., Inc., 3d and Decatur Streets, address of manufacturer.) dated January 4, 1971, 46 CFR Richmond, Va. 23212 and 12th and Gra­ 160.035- 13 (c) Marking. Weights. Condi­ ham Streets, Emporia, Kans. 66801, effec­ B uoys, Life, R ing, Unicellular Plastic tion “A” =4,170 pounds; Condition tive February 10,1971. (It is an extension Approval No. 160.050/7/2, 20-inch ring “B” =14,013 pounds, manufactured by of Approval No. 160.047/332/0 dated life buoy, fibrous glass reinforced neo­ Marine Safety Equipment Corp., Foot of April 28, 1966 and change in address of prene latex shell with unicellular plastic Wycoff Road, Farmingdale, N.J. 07727, manufacturer.) foam core, specification dated Febru­ effective January 21, 1971. (It supersedes Approval No. 160.047/333/0, Type I, ary 22, 1960, Rev. 4 and drawing dated Approval No. 160.035/281/2 dated Jan­ Model AK-1, adult kapok buoyant vest, February 1, 1958, approved as alternate uary 21, 1966 to show change in address U.S.C.G. Specification Subpart 160.047, construction to that provided by USCG and construction.) manufactured by Crawford Manufactur­ Specification Subpart 160.050, manufac­ Approval No. 160.035/416/1, 30.0' x ing Co., Inc., 3d and Decatur Streets, tured by The Plasti-Kraft Corp., Ozona 10.0' x 4.33' fibrous glass reinforced plas­ Richmond, Va. 23212 and 12th and Gra­ Industrial Park, Ozona, Fla. 33560, effec­ tic (FRP), hand-propelled lifeboat, 78- ham Streets, Emporia, Kans. 66801, for tive February 1,1971. (It is an extension person capacity, identified by construc­ Montgomery Ward & Co., Inc., 619 of Approval No. 160.050/7/2 dated April 8, tion and arrangement dwg. No. B-80289, West Chicago Avenue, Chicago, IL 60610, 1966.) Rev. K dated February 5, 1971, formerly effective February 10, 1971. (It is an ex­ Approval No. 160.050/10/1,24-inch ring built by Welin Davit & Boat Division of tension of Approval No. 160.047/333/0 life buoy, fibrous glass reinforced neo­ Continental Copper and Steel Industries, dated April 28, 1906, and change in ad­ prene latex shell with unicellular plastic Inc., 46 CFR 160.035-13 (c) Marking. dress of manufacturer.) foam core, specification dated Febru­ Weights: Condition “A” =5,637 pounds; Approval No. 160.047/334/0, Type I, ary 22, 1960, Rev. 4 and drawing dated Condition “B” =18,507 pounds, manufac­ Model CKM-1, child kapok buoyant vest, February 1, 1958, approved as alternate tured by Lane Lifeboat Division of Lane U.S.C.G. Specification Subpart 160.047, construction to that provided by USCG Marine Technology Inc., 150 Sullivan manufactured by Crawford Manufactur­ Specification Subpart 160.050, manufac­ Street, Brooklyn, NY 11231, effective ing Co., Inc., 3d and Decatur Streets, tured by The Plasti-Kraft Corp., Ozona March 5, 1971. (It reinstates and super­ Richmond, Va. 23212 and 12th and Gra­ Industrial Park, Ozona, Fla. 33560, effec­ sedes Approval No. 160.035/416/0 termi­ ham Streets, Emporia, Kans. 66801, for tive February 1,1971. (It is an extension nated August 31,1966, to show change in Montgomery Ward & Co., Inc., 619 West of Approval No. 160.050/10/1 dated name and construction.) Chicago Avenue, Chicago, IL 60610, effec­ April 8,1966.) Approval No. 160.035/417/3, 30.0' X tive February 10,1971. (It is an extension Approval No. 160.050/1I/1,30-inch ring 10.0' x 4.33' fibrous glass reinforced plas­ of Approval No. 160.047/334/0 dated life buoy, fibrous glass reinforced neo­ tic (FRP), motor-propelled lifeboat April 28, 1966 and change in address of prene latex shell with unicellular plastic without radio cabin or searchlight (class manufacturer.) foam core, specification dated February

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 NOTICES 21089

22,1960, Rev. 4 and drawing dated Febru­ Ward & Co., Inc., 619 West Chicago Av­ ing, common talking, 19-station maxi­ ary 1, 1958, approved as alternate con­ enue, Chicago, IL 60610, effective March mum, internal heater, bulkhead mount­ struction to that provided by USCG 12, 1971. (It is an extension of Approval ing, waterproof, attached external bell, Specification Subpart 160.050, manufac­ No. 160.052/151/0 dated March 16, 1966.) dwg. No. 90-01, Alt. 0, Model SWT4-H, tured by The Plasti-Kraft Corp., Ozona Approval No. 160.052/152/0, Type n , manufactured by Hose-McCann Tele­ Industrial Park, Ozona, Fla. 33560, effec­ Model “S,” child small unicellular plastic phone Co., Inc., 524 West 23d Street, tive February 1,1971. (It is an extension foam buoyant vest, dwg. Nos. 11 and 14 New York, NY 10011, effective Febru­ of Approval No. 160.050/11/1 dated dated March 3, 1961, Rev. 1 dated June ary 2, 1971. (It is an extension of Ap­ April 8,1966.) 1, 1963, and bill of materials dated Sep­ proval No. 161.005/65/0 dated April 26, tember 29, 1965, manufactured by Craw­ 1966 and change of address of manu­ Buoyant V ests, Unicellular Plastic ford Manufacturing Co., Inc., Third and facturer.) F oam Decatur Streets,-Richmond, VA 23212 Safety V alves (P ower B oilers) Note: For motorboats of classes A, 1, or 2 and 12 th and Graham Streets, Emporia, not carrying pasengers for hire. KS 66801, for Montgomery Ward & Co., Approval No. 162.001/221/0^ Series Approval No. 160.052/131/1, Type II, Inc., 619 West Chicago Avenue, Chicago, VM-110, cast carbon steel body spring Model “A,” adult unicellular plastic foam IL 60610, effective March 12, 1971. (It is loaded nozzle type safety valve, maxi­ buoyant vest, dwg. Nos. 11 and 12 dated an extension of Approval No. 160.052/ mum pressure 120 p.s.i., maximum tem­ March 3, 1961, Rev. 1 dated June 1, 1963, 152/0 dated March 16, 1966.) pérature 650° F., approved for sizes IV2", 2", 2Vz", 3", and 4", manufactured by and bill of materials dated September 29, Life P reservers, Unicellular P lastic 1965, manufactured by Crawford Manu­ J. E. Lonergan Co., Red Lion Road West F oam A dult and Child for M erchant of Verree Road, Post Office Box 6167, facturing Co., Inc., Third and Decatur V essels Streets, Richmond, VA 23212 and 12th Philadelphia, PA 19115, effective Febru­ and Graham Streets, Emporia, KS 66801, Approval No. 160.055/50/0, Type IA, ary 19, 1971. (It is an extension of Ap­ effective February 12, 1971. (It super­ Model 62, adult vinyl dip coated uni­ proval No. 162.001/221/0 dated April 18, sedes Approval No. 160.052/131/1 dated cellular plastic foam life preserver, 1966.) January 13, 1971 to show change in ad­ USCG Specification Subpart 160.055 and Approval No. 162.001/222/0, Series VM- dress of manufacturer.) dwg. No. 160.055-lA (sheets 1 and 2), 120, cast carbon steel body spring loaded Approval No. 160.052/132/1, Type II, manufactured by Atlantic-Pacific Manu­ nozzle type safety valve, maximurp pres­ Model “M,” child medium unicellular facturing Corp., 124 Atlantic Avenue, sure 92 p.s.i., maximum temperature plastic foam buoyant vest, dwg. Nos. 11 Brooklyn, NY 11201, effective March 2, 800° F., approved for sizes IV2 ", 2", 2^4",- and 13 dated March 3, 1961, Rev. 1 dated 1971. (It is an extension of Approval No. 3", and 4", manufactured by J. E. June 1, 1963, and bill of materials dated 160.055/50/0 dated May 4, 1966.) Lonergan Co., Red Lion Road West of September 29, 1965, manufactured by Approval No. 160.055/51/0, Type IA, Verree Road, Post Office Box 6167, Crawford Manufacturing Co., Inc., Third Model 66, child vinyl dip coated uni­ Philadelphia, PA 19115, effective Febru­ and Decatur Streets, Richmond, VA cellular plastic foam life preserver, ary 19, 1971. (It is an extension of Ap­ 23212 and 12th and Graham Streets, Em­ USCG Specification Subpart 160.055 proval No. 162.001/222/0 dated April 18, poria, KS 66801, effective February 12, and dwg. No. 160.055-lA (sheets 1 and 1966.) 1971. (It supersedes Approval No. 2), manufactured by Atlantic-Pacific Approval No. 162.001/223/0, Series 160.052/132/1 dated January 13, 1971 to Manufacturing Corp., 124 Atlantic Ave­ VM-130, cast carbon moly steel body show change in address of manufac­ nue, Brooklyn, NY 11201, effective spring loaded nozzle type safety valve, turer.) March 2, 1971. (It is an extension of Ap­ maximum pressure 70 p.s.i., maximum proval No. 160.055/51/0 dated May 4, temperature 900° F., approved for sizes Approval No. 160.052/133/1, Type II, 1966.) Model “S” child small unicellular plastic IV2” , 2", 21/2", 3", and 4", manufac­ tured by J. E. Lonergan Co., Red Lion foam buoyant vest, dwg. Nos. 11 and 14 P rotecting Cover for Lifeboats dated March 3,1961, Rev. 1 dated June 1, Road West of Verree Road, Post Office Approval No. 160.065/2/0, “MASECO”, Box 6167, Philadelphia, PA 19115, effec­ 1963, and bill of materials dated Sep­ Type I, protecting cover for the occu­ tember 29, 1965, manufactured by Craw­ tive February 19, 1971. (It is an exten­ pants of all types of aluminum, steel, and sion of Approval No. 162.001/223/0 dated ford Manufacturing Co., Inc., Third and fibrous glass reinforced plastic (FRP) Decatur Streets, Richmond, VA 23212 April 18, 1966.) lifeboats, for lengths of 16' through 37' Approval No. 162.001/263/0, Crosby and 12th and Graham Streets, Emporia, lifeboats, identified by master drawing, KS 66801, effective February 12, 1971. (It style HN-MS-55 nozzle type safety valve, dwg. No. PC 85-24 Rev. B dated April 11, dwg. D49675 dated February 15, 1966, supersedes ApprovarNo. 160.052/133/1 1966, modifications to the cover and sup­ dated January 13, 1971 to show change approved for a maximum pressure of in address of manufacturer.) ports may be necessary in the case of 1200 p.s.i.g. at 650° F., inlet sizes IVz", some motor-propelled lifeboats equipped 2", 2V2", 3", and 4", manufactured by Approval No. 160.052/150/0, Type II, with vertical (dry) exhaust lines, radio Crosby Valve and Gage Co., Wrentham, Model “A,” adult unicellular plastic foam cabins and antenna masts, manufactured Mass. 02093, effective March 9, 1971. (It buoyant vest, dwg. Nos. 11 and 12 dated by Marine Safety Equipment Corp., Foot is an extension of Approval No. 162.001/ March 3, 1961, Rev. 1 dated June 1. 1963, of Wycoff Road, Farmingdale, NJ 07727, 263/0 dated May 23, 1966.) and bill of materials dated September 29, effective March 1, 1971. (It is an exten­ Approval No. 162.001/264/0, Crosby 1965, manufactured by Crawford Manu­ sion of Approval No. 160.065/2/0 dated style HN-MS-56 nozzle type safety valve, facturing Co., Inc., Third and Decatur May 6, 1966 and change of address of dwg. D49675 dated February 15, 1966, Streets, Richmond, VA 23212 and 12th manufacturer.) approved for a maximum pressure of and Graham Streets, Emporia, KS 66801, 1200 p.s.i.g. at 750° F., inlet sizes 1% ", T elephone Systems, Sound-P owered for Montgomery Ward & Co., Inc., 619 2", 21/4", 3", and 4'', manufactured by West Chicago Avenue, Chicago, IL Approval No. 161.005/63/0, sound Crosby Valve and Gage Co., Wrentham, 60610, effective March 12, 1971. (It is an powered telephone station, selective Mass. 02093, effective March 9, 1971. (It extension of Approval No. 160.052/150/0 ringing, common talking, 19-station is an extension of Approval No. 162.001/ dated March 16,1966.) maximum, internal heater, bulkhead 264/0 dated May 23, 1966.) Approval No. 160.052/151/0, Type II, mounting, waterproof, attached external Approval No. 162.001/265/0, Crosby Model “M,” child medium unicellular bell, dwg. No. 92-01, Alt. 0, Model SWTP- style HN-MS-65 nozzle type safety valve, Plastic foam buoyant vest, dwg. Nos. 11 H, manufactured by Hose-McCann Tele­ dwg. D49675 dated February 15, 1966, and 13 dated March 3,1961, Rev. 1 dated phone Co., Inc., 524 West 23d Street, New approved for a maximum pressure of June 1, 1963, and bill of materials dated York, NY 10011, effective February 2, 1500 p.s.i.g. at 650° F., inlet sizes i% " , September 29, 1965, manufactured by 1971. (It is an extension of Approval No. 2", 21/2,\ and 3”, manufactured by Crawford Manufacturing Co., Inc., Third 161.005/63/0 dated April 26, 1966 and Crosby Valve and Gage Co., Wrentham, oqo i n Decatur Streets, Richmond, VA change of address of manufacturer.) Mass. 02093, effective March 9, 1971. (It JJJ12 and 12th and Graham Streets, Approval No. 161.005/65/0, sound is an extension of Approval No. Emporia, KS 66801, for Montgomery powered telephone station, selective ring­ 162.001/265/0 dated May 23, 1966.)

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 No. 212----- 10 21090 NOTICES

Approval No. 162.001/266/0, Crosby ergan Co., Red Lion Road west of Ver- S-6740 dated October 23, 1959; S-6744 style HN-MS-66 nozzle type safety valve, ree Road, Post Office Box 6167, Philadel­ dated October 23,1959; and S-6738 dated dwg. D49675 dated February 15, 1966, phia, PA 19115, effective February 17, October 19, 1959, applicators were form­ approved for a maximum pressure of 1971. (It supersedes Approval No. erly Type CG; low-velocity head was 1500 p.s.i.g. at 750° F., inlet sizes 1xh” , 162.018/31/0 dated September 12,1968, to formerly Type T-11A; due to orifice 2", 21/£ ", and 3", manufactured by show W-100 Model Numbers and new sizes, no special self-cleaning strainer is Crosby Valve & Gage Co., Wrentham, W-300 Model Number listing.) required, manufactured by ROCK­ Mass. 02093, effective March 9, 1971. (It Approval No. 162.018/72/0, 400 Series WOOD, 80 Second Street, South Port­ is an extension of Approval No. 162.001/ safety relief valves for compressed gas land, ME 04106, formerly Bliss-Gamewell, 266/0 dated May 23, 1966.) service, identified in Sage Valve Catalog effective February 19, 1971. (It super­ Approval No. 162.001/268/0, Crosby dated April 1970, manufactured by Sage sedes Approval No. 162.027/8/0 dated style HN-MS-66-9 nozzle type safety re­ Engineering and Valve Co., 1463 Britt- May 18, 1967, to show change in name lief valve, dwg. D49675 dated Febru­ moore Road, Houston, TX 77024, effec­ and address of manufacturer.) ary 15, 1966, approved for a maximum tive February 11, 1971. pressure of 1200 p.s.i.g. at 750° F., inlet Approval No. 162.018/73/0, 600 Series F ire Extinguishing S ystems, F oam T ype size 3", manufactured by Crosby Valve safety relief valves for compressed gas Approval No. 162.033/5/0, Rockwood & Gage Co., Wrentham, Mass. 02093, service, identified in Sage Valve Catalog Marine Air Foam Systems using Rock­ effective March 9, 1971. (It is an exten­ dated April 1970, manufactured by Sage wood Regular Foam Liquid (6 percent sion of Approval No. 162.001/268/0 dated Engineering and Valve Co., 1463 Britt- Low Expansion), design data booklet No. May 23, 1966.) moore Road, Houston, TX 77024, effec­ S-7008, Rev. 6 dated November 15, 1965, Approval No. 162.001/269/0, Crosby tive February 11,1971. manufactured by ROCKWOOD, 80 Sec­ style HN-MS-55-9 nozzle type safety re­ ond Street, South Portland, ME 04106, Nozzles, F irehose, Combination S olid formerly Bliss-Gamewell, effective Feb­ lief valve, dwg. D49675 dated Febru­ S tream and W ater S pray (1|& I nch and ary 15, 1966, approved for a maximum ruary 19, 1971. (It supersedes Approval 2 V2 I nch) for M erchant V essels pressure of 1200 p.s.i.g. at 650° F., inlet No. 162.033/5/0 dated May 15, 1967, to sizes 3" and 4", manufactured by Crosby Approval No. 162.027/2/1, Rockwood show change in name and address of Valve & Gage Co., Wrentham, Mass. l 1/2-inch SG70 combination solid stream manufacturer.) 02093, effective March 9, 1971. (It is an and water spray firehose nozzle, lM>-inch Type TCG high velocity head, and either Approval No. 162.033/6/0, Rockwood extension of Approval No. 162.001/269/0 Marine Air Foam. Systems using Rock­ dated May 23, 1966.) 10'-90° Type CGC, 10'-90° CGG, 4'-60° Type CGC, or 4'-60° Type CGG applica­ wood Double Strength Foam Liquid (3 Approval No. 162.001/270/0, Crosby percent Low Expansion), design data style HN-MS-56-9 nozzle type safety re­ tor with Type T -ll low-velocity head; dwgs, Nos. S-4787 dated February 9,1955; booklet No. S-7009, Rev. 5 dated Novem­ lief valve, dwg. D49675 dated Febru­ ber 15, 1965, manufactured by ROCK­ ary 15, 1966, approved for a maximum S-4352, Rev. B dated June 21, 1956; S—6742 dated October 23, 1959; S-6748 WOOD, 80 Second Street, South Port­ pressure of 1200 p.s.i.g. at 750° F., inlet land, ME 04106, formerly Bliss-Gamewell, sizes 3 " and 4", manufactured by Crosby dated October 23, 1959; S-6740 dated October 23, 1959; S-6744 dated Octo­ effective February 19,1971. (It supersedes Valve & Gage Co., Wrentham, Mass. Approval No. 162.033/6/0 dated May 15, 02093, effective March 9, 1971. (It is an ber 23, 1959; and S-6738 dated Octo­ ber 19, 1959, applicators were formerly 1967 to show change in name and address extension of Approval No. 162.001/270/0 of manufacturer.) dated May 23, 1966.) Type CG; low-velocity head was formerly Type T-pllA; due to orifice sizes, no spe­ B ackfire F lame Control, G asoline En­ S afety V alves (Steam H eating B oilers) cial self-cleaning strainer is required, gines; F lame A rresters; for Mer­ Approval No. 162.012/21/0, Type 1511 manufactured by ROCKWOOD, 80 Sec­ chant V essels and M otorboats series cast iron safety valve for steam ond Street, South Portland, ME 04106, formerly Bliss-Gamewell, effective Feb­ Approval No. 162.041/64/0, Bendix heating boilers and unfired steam gen­ Model C l75-11 backfire flame arrester, erators, dwg. No. 3VP953, dated Febru­ ruary 19, 1971. (It supersedes Approval No. 162.027/2/1 dated May 18, 1967, to drawing Cl 75-11 dated January 6, 1966, ary 10, 1956, approved for a maximum manufactured by Bendix Corp., Zenith pressure of 30 p.s.i.g. in the following show change in name and address of manufacturer.) ~ Carburetor Division, 696 Hart Avenue, sizes and relieving capacities: Detroit, MI 48214, effective February 2,' Approval No. 162.027/3/1, Rockwood 1971. (It is an extension of Approval Capacity 2 y2-inch SG70 combination solid stream . Size (inches) Type No. (pounds per No. 162.041/64/0 dated February 2, hour at 30 and water spray firehose nozzle, 2 ^ -inch 1966.) p.s.i.g.) Type TCG high-velocity head, and 12'- 90° Type CGC or Type CGG applicator Approval No. 162.041/65/0, Bendix Model C l75-11A backfire flame arrester, VA ______...... 1511 H 1615 with Type T-10 low-velocity head; dwgs...... 1511 J 2650 Nos. S-4992 dated September 8, 1955; drawing C175-11A dated January 6, 2 ...... 1511 K 3790 S-4993 dated September 8, 1955; S-6741 1966, manufactured by Bendix Corp., 2 A — ...... ______1511 L 5875 Zenith Carburetor Division, 696 Hart 3 ...... 1511 M 7410 dated October 23,1959; S-6743 dated Oc­ 4...... 1511 N 8935 Avenue, Detroit, MI 48214, effective Feb­ 4______1511 P 13135 tober 20, 1959; and S-6733 dated Octo­ ber 16, 1959, applicators were formerly ruary 2, 1971. (It is an extension of Ap­ proval No. 162.041/65/0 dated Febru­ manufactured by DRESSER, Industrial Type CG; low-velocity head was formerly Type T-10 A, manufactured by ROCK­ ary 2, 1966.) Valve & Instrument Division, Post Office Approval No. 162.041/66/0, Bendix Box 1430, Alexandria, LA 71301, effective WOOD, 80 Second Street, South Port­ land, ME 04106, formerly Bliss-Game­ Model C l75-35 backfire flame arrester, March 9, 1971. (It is an extension of Ap­ -drawing C175-35 dated January 10,1966, proval No. 162.012/21/0 dated May 15, well effective February 19, 1971. (It su­ persedes Approval No. 162.027/3/1 dated manufactured by Bendix Corp., Zenith 1966 and change of name and address of Carburetor Division, 696 Hart Avenue, manufacturer.) May 18, 1967, to show change in name and address of manufacturer.) Detroit, MI 48214, effective February 2, Safety R elief V alves, Liquefied Approval No. 162.027/8/0, Rockwood 1971. (It is an extension of Approval No. Compressed G as 1%-inch SG71 combination solid stream 162.041/66/0 dated February 2,1966.) Approval No. 162.018/31/1, Series and water spray fire hose nozzle, l x/2- Approval No. 162.041/67/0, Bendix W-100 and W-300 safety relief valves for inch Type TCG high velocity head, and Model B175-38 backfire flame arrester, Bendix drawing B175-38 dated December liquefied petroleum gas and anhydrous either 10'-90° Type CGC, 10'-90° CGG, 4'-60° Type CGC, or 4'-60° Type CGG 8, 1965, manufactured by Bendix Corp., ammonia service, full nozzle type metal- applicator with Type T -ll low-velocity Zenith Carburetor Division, 696 Hart to-metal seat, subject to pressure-tem­ head; dwgs. Nos. 10-07832, Rev. B dated Avenue, Detroit, MI 48213, effective perature limitations on J. E. Lonergan June 27, 1966; S-4352, Rev. B dated February 2, 1971. (It is an extension of Co. drawing No. A-1681 dated Janu­ June 21, 1956; S-6742 dated October 23, Approval No. 162.041/67/0 dated Febru­ ary 23, 1962, manufactured by J. E. Lon- 1959; S-6748 dated October 23, 1959; ary 2, 1966.)

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 NOTICES 21091

Approval No. 162.041/78/0, Air-Maze troit, MI 48214, effective March 10, 1971. Approval No. 164.008/56/0, Marinite No. 2 Unimaze backfire flame arrester, (It is an extension of Approval No. Ltd. bulkhead panel “Marinite-36” iden­ Air-Maze dwgs. A17853-C, A17853-G, 162.041/86/0 dated April 14,1966.) tical to that described in the National and A17853-P, manufactured by Air- Approval No. 162.041/87/0, Bendix Bureaq of Standards Report No. FR3743 Maze Division, Rockwell-Standard Corp., Model B175-21 backfire flame arrester, dated January 25, 1971 and Marinite’s 25000 Miles Road, Cleveland, OH 44128, Bendix dwg. B175-21 issued March 9, letter dated August 29, 1969; approved effective February 22, 1971. (It is an ex­ 1966, similar to Model B175-14, Univer­ as meeting class B-15 requirements in a tension of Approval No. 162.041/78/0 sity of Detroit test report, Project No. density of 36 pounds per cubic foot in dated March 10,1966.) 1010 applies because of similarity, manu­ a three-fourths-inch thickness, manu­ Approval No. 162.041/80/0, Bendix factured by Bendix Corp., Zenith Car­ factured by Marinite Ltd., Cape Universal Model B175-13 backfire flame arrester, buretor Division, 696 Hart Avenue, De­ House Exchange Road, Watford Herts, Bendix dwg. B175-13 issued March 9, troit, MI 48214, effective March 10, 1971. England, plant; Marinite Ltd., Germiston 1966, manufactured by Bendix Corp., (It is an extension of Approval No. Works, Pertershell Road, Springbum, Zenith Carburetor Division, 696 Hart 162.041/87/0 dated April 14, 1966.) Glasgow No. 1, Scotland, effective Febru­ Avenue, Detroit, MI 48214, effective Approval No. 162.041/88/0, Bendix ary 5,1971. March 10, 1971. (It is an extension of Model B175-19 backfire flame arrester, Approval No. 164.008/57/0, Nippon Approval No. 162.041/80/0 dated April Bendix dwg. B175-19 issued March 9, Asbestos Co., bulkhead panel “Marine 14, 1966.) 1966, manufactured by Bendix Corp., Board 60 P” identical to that described Approval No. 162.041/81/0, Bendix Zenith Carburetor Division, 696 Hart in Underwriter’s Laboratories Inc. Report Model B175-13A backfire flame arrester, Avenue, Detroit, MI 48214, effective No. 70NK550 dated October 28, 1970 and Bendix dwg. B175-13A issued March 9, March 10, 1971. (It is an extension of Nippon’s letter dated November 28, 1969; 1966, similar to Model B175-13, Univer­ Approval No. 162.041/88/0 dated April 14, approved as meeting class B-15 require­ sity of Detroit Test Report, Project No. 1966.) ments in a density of 40.5 pounds per 1010 applies because of similarity, manu­ Approval No. 162.041/89/0, Bendix cubic foot in a three-fourths-inch thick­ factured by Bendix Corp., Zenith Car­ Model B175-19A backfire flame arrester, ness. Approval drawing dated April 15, buretor Division, 696- Hart Avenue, De­ Bendix dwg. B175-19A issued March 9, 1970 “MB-USCG-003” forms a part of troit, MI 48214, effective March 10, 1971. 1966, similar to Model B175-19, Univer­ this certificate, manufactured by Nippon (It is an extension of Approval No. sity of Detroit test report, Project No. Asbestos Co., Ltd., 3, 6-Chome, Ginza- 162.041/81/0 dated April 14, 1966.) 1010 applies because of similarity, manu­ Nishi, Chuo-Ku, Tokyo, Japan, plant: Approval No. 162.041/82/0, Bendix factured by Bendix Corp., Zenith Car­ Hajima-City, Gifu-Prefecture, Japan, Model B175-13B backfire flame arrester, buretor Division, 696 Hart Avenue, De­ effective January 22, 1971. Bendix dwg. B175-13B issued March 9, troit, MI 48214, effective March 10, 1971. Approval No. 164.008/62/0, Marinite 1966, similar to Model B175-13, Univer­ (It is an extension of Approval No. Ltd. bulkhead panel “Marinite-45” iden­ sity of Detroit Test Report, Project No. 162.041/89/0 dated April 14, 1966.) tical to that described in the National 1010 applies because of similarity, manu­ Approval No. 162.041/91/0, Zenith Bureau of Standards Report No. FR3743 factured by Bendix Corp., Zenith Car­ dated January 25, 1971 and Marinite’s buretor Division, 696 Hart Avenue, De­ Model B175-16 backfire flame arrester, letter dated August 29,1969; approved as troit, MI 48214, effective March 10, 1971. Zenith drawing B175-12A issued April 22, meeting class B-15 requirements in a (It is an extension of Approval No. 1966, manufactured by Bendix Corp., density of 45 pounds per cubic foot in a 162.041/82/0 dated April 14, 1966.) Zenith Carburetor Division, 696 Hart seven-eighths-inch thickness, manufac­ Approval No. 162.041/83/0, Bendix Avenue, Detroit, MI 48214, effective tured by Marinite Ltd., Cape Universal Model B175-14 backfire flame arrester, March 10, 1971. (It is an extension of House Exchange Road, Watford Herts, Bendix dwg. B175-14 issued March 9, Approval No. 162.041/91/0 dated May 17, England, plant: Marinite Ltd., Germiston 1966, manufactured by Bendix Corp., 1966.) Works, Pertershell Road, Springbum, Zenith Carburetor Division, 696 Hart Approval No. 162.041/92/0, Zenith Glasgow No. i, Scotland, effective Feb­ Avenue, Detroit, MI 48214, effective Model B175-16 backfire flame arrester, ruary 5,1971. March 10, 1971. (It is an extension of Zenith drawing B175-16 issued April 22, Approval No. 162.041/83/0 dated April 14, 1966, manufactured by Bendix Corp., I ncombustible M aterials for M erchant 1966.) Zenith Carburetor Division, 696 Hart V essels Approval No. 162.041/84/0, Bendix Avenue, Detroit, MI 48214, effective Approval No. 164.009/36/0, J-M 302 Model B175-17 backfire flame arrester, March 10, 1971. (It is an extension of Cement, incombustible material com­ Bendix dwg. B175-17 issued March 9, Approval No. 162.041/92/0 dated May 17, posed solely of asbestos fibers, diatoma- 1966, similar to Model B175-14, Univer­ 1966.) ceous silicas and clay, manufactured by sity of Detroit Test Report, Project No. Approval No. 162.041/133/0, Barbron Johns-Manville Sales Corp., 22 East 40th 1010 applies because of similarity, manu­ Model No. 57215B flame arrester with Street, New York, NY 10016, effective factured by Bendix Corp., Zenith Car­ brass diffusing element; alternate mate­ March 2,1971. (It is an extension of Ap­ buretor Division, 696 Hart Avenue, De­ rial 0.032 anodized aluminum, Model No. proval No. 164.009/36/0 dated May 15, troit, MI 48214, effective March 10, 1971. 57215A with brass diffusing element, 1966.) (It is an extension of Approval No. testing waived because of similarities to Approval No. 164.009/90/0, Insul- 162.041/84/0 dated April 14, 1966.) other previously approved Barbron flame Coustic SeeGee Adhesive I-C 292 com-' Approval No. J.62.041/85/0, Bendix arresters, manufactured by Barbron position type incombustible material Model B175-18 backfire flame arrester, Corp., 14580 Lesure Avenue, Detroit, MI identical to that described in National Bendix dwg. B175-18 issued March 9, 48227, effective February 17, 1971. Bureau of Standards Test Report No. 1966, similar to Model B175-14, Univer­ TG10210-2131 :FR3666 dated February B ulkhead Panels for M erchant Vessels sity of Detroit Test Report, Project No. 24, 1966, and Insul-Coustic letter dated 1010 applies because of similarity, manu­ Approval No. 164.008/46/0, “Fyrcor January 14,1966, manufactured by Insul- factured by Bendix Corp., Zenith Car­ 33” bulkhead panel identical to that de­ Coustic Division, Birma Production Corp., buretor Division, 696 Hart Avenue, De­ scribed in National Bureau of Standards Jemee Mill Road, Sayreville, NJ 08872, troit, MI 48214, effective March 10, 1971. Test Report No. TG10230-25:FR3639 effective February 25, 1971. (It is an ex­ (it is an extension of Approval No. dated August 13, 1964; approved as tension of Approval No. 164.009/90/0 162.041/85/0 dated April 14,1966.) meeting class B-15 requirements in a dated March 10, 1966.) Approval No. 162.041/86/0, Bendix three-fourths-inch thickness, 33 pounds Approval No. 164.009/91/0, Insul- Model B175-20 backfire flame arrester, per cubic foot density, manufactured by Coustic SeeGee Coating I-C 596 compo­ in«!» B175-20 issued March 9, Chembest Division of Owens-Coming sition type incombustible material identi­ *76, similar to Model B175-14, Univer- Fiberglas Corp., 1111 West Perry Street, cal to that described in National Bureau Test Report, Project No. Bloomington, IL 61701, effective March 1, of Standards Test Report No. TG10210- bio applies because of similarity, manu­ 1971. (It supersedes Approval No. 2131 :FR3666 dated February 24, 1966, factured by Bendix Corp., Zenith Car­ 164.008/46/0 dated October 19, 1970 to and Insul-Coustic letter dated January buretor Division, 696 Hart Avenue, De­ show change of name of product.) 14, 1966, manufactured by Insul-Coustic

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21092 NOTICES

Division, Birma Production Corp., Jernee This notice confirms the public an­ conclude that the fares raise sufficient Mill Road, Sayre ville, NJ 08872, effective nouncement made at the session of evi­ questions of reasonableness, particularly February 25, 1971. (It is an extension of dentiary hearing held on October 22, insofar as they would be available dur­ Approval No. 164.009/91/0 dated March 1971. ing the peak summer season, to warrant 10, 1966.) Issued: October 28,1971, Germantown, continuation of the investigation. Approval No. 164.009/92/0, "Incom­ Md. Accordingly, pursuant to the Federal bustible Hullboard SG” fibrous glass type Aviation Act of 1958, and particularly A tomic Safety and Licens­ incombustible material identical to that sections 204(a), 403, 404, and 1002 ing B oard, described in National Bureau of Stand­ thereof, S amuel W . Jensch, ards Test Report No. TG10210-2133: Chairman. It is ordered, That: FR9369 dated May 1,1906, approved in a 1. The request by Continental Air nominal density of 3 pounds per cubic [FR Doc.71-15977 Filed ll-2-71;8:46 am] Lines, Inc., for reconsideration of Order foot, manufactured by Johns-Manville 71-9-115 is denied; and Sales Corporation, 22 East 40th Street, 2. A copy of this order be served upon New York, NY 10016, plant: Johns- Continental Air Lines, Inc., Northwest Manville Products Corp., 814 Richmond CIVIL AERONAUTICS BOARD Airlines, Inc., Overseas National Airways, Avenue, Richmond, IN, effective March 2, [Docket No. 23862; Order 71-10-133] Inc., Pan American World Airways, Inc., 1971. (It is an extension of Approval No. Saturn Airways, Inc., Trans Interna­ 164.009/92/0 dated May 11,1966.) CONTINENTAL AIR LINES, INC. tional Airlines, Inc., Trans World Air­ lines, Inc., Universal Airlines, Inc., Dated: October 19, 1971. Order Denying Petition for Western Air Lines, Inc., and World G. H. R ead, Reconsideration Airways, Inc. Captain, U.S. Coast Guard, Act­ Adopted by the Civil Aeronautics This order will be published in the ing Chief, Office of Merchant Board at its office in Washington, D.C., F ederal R egister. Marine Safety. on the 29th day of October 1971. By the Civil Aeronautics Board. [FR Doc.71-16012 Filed ll-2-71;8:51 am] By Order 71-9-115, dated Septem­ ber 29,1971, the Board set for investiga­ [ seal] H arry J. Zink, tion a proposal of Continental Air I^ines, Secretary. Inc. (Continental), to offer one-way non- [FR Do,c.71-16031 Filed ll-2-71;8:50 am] ATOMIC ENERGY COMMISSION affinity fares for group sizes of 40, 88, [Docket No. 50-255] 105, and 154 persons between several [Docket No. 22628; Order 71-10-125] points within the continental United CONSUMERS POWER CO. States and between a number of main­ INTERNATIONAL AIR TRANSPORT (PALISADES PLANT) land points and Hawaii. The fares were ASSOCIATION Notice of Public Hearing permitted to become effective pending investigation. Order Regarding Fare Matters Take notice, pursuant to the Atomic Continental has petitioned the Board Issued under delegated authority Energy Act, as amended, and the rules for reconsideration of Order 71-9-115, October 27,1971. of practice of the Atomic Energy Com­ requesting that its fares be permitted to By Order 71-10-36, dated October 8, mission, an evidentiary hearing in this continue in effect through their 1-year 1971, action was deferred, with a view proceeding shall convene at 3 p.m. on expiry date without investigation. In toward eventual approval, on an agree­ Tuesday, December 7, 1971, in the Van support of its petition Continental as­ ment adopted by Joint Conference 3-1 Deusen Auditorium of the City Library serts that the fares are identical to, or of the International Air Transport As­ System, 312 South Rose Street, Kalama­ slightly higher than, certain group in­ sociation (IATA). The agreement zoo, MI. clusive tour (GIT) fares permitted to amends the existing resolution pertain­ This notice confirms the public an­ become effective for the same size groups ing to construction rules for passenger nouncement made at the evidentiary without investigation,1 and that the dif­ fares so as to add routings on North and hearing held on October 26, 1971, that a ferences in travel under the two types of Central Pacific sectors which will enable further hearing would be convened dur­ fares are not so significant as to compel operations by TWA in conformance with ing the week of December 6,1971, to con­ investigation in one case and not the its route authority. sider data to be presented in reference other. It further asserts that an inves­ In deferring action on the agreement, to applicant’s request to operate this nu­ tigation will be of no practical value 10 days were granted in which interested clear facility up to a limit of 60 percent since there will be little if any evidence persons might file petitions in support of power. of traffic experience available for quite of or in opposition to the proposed ac­ Issued: October 28,1971, Germantown, some time, and that essentially all that tion. No petitions have been received Md. could be presented are the varying judg­ within the filing period and the tentative A tomic Safety and Licens­ ments available today rather than evi­ conclusions in Order 71-10-36 will here­ ing B oard, dence. in be made final. S amuel W . J ensch, The Board finds that Continental’s Accordingly, it is ordered, That: Chairman. petition sets forth no new facts which warrant a reversal of our decision to in­ Agreement CAB 22664 be, and it here­ [FR Doc.71-15976 Filed ll-2-71;8:46 am] vestigate the fares in question. We are by is, approved. not persuaded that the fact that Con­ This order will be published in the [Docket No. 50-271] tinental’s group fares are set at virtually F ederal R egister. the same level as present GIT fares in VERMONT YANKEE NUCLEAR POWER the same markets provides a ground for [ seal] Harry J. Zink, CORP. (VERMONT YANKEE NU­ dismissal of the investigation, in light Secretary. CLEAR POWER STATION) of the fact that the group fares are sub­ [FR Doc.71-16030 Filed ll-2-71;8:50 am] stantially devoid of travel restrictions as Notice of Public Hearing compared with the GIT fares. On the [Docket No. 23925] Take notice, in accordance with the contrary, we believe availability of these Atomic Energy Act, as amended, and the relatively low and unrestricted fares in TRANS INTERNATIONAL AIRLINES, rules of practice of the Commission, that highly dense and competitive markets INC., AND SABER AIR (PTE) LTD. may result in significant diversion of an evidentiary hearing in this proceeding Notice of Proposed Approval of Join) shall convene at 2 p.m. on Monday, No­ travel which would otherwise be under­ vember 29, 1971, at the first floor level taken at higher fares. In any event, we Application of the Vermont National Guard Armory, Joint application of Trans Ihterna" 207 Main Street, Brattleboro, VT. * Order 71-9-87, Sept. 24, 1971. tional Airlines, Inc. and Saber Air (PTE)

FEDERAL REGISTER. VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 NOTICES 21093

Ltd. for disclaimer of jurisdiction or ap­ stantial part o f the properties of TIA, and per million for negligible residues of the proval under section 408 of the Federal therefore, is subject to section 408 of the Act. insecticide phorate (0,0-diethyl S- However, it is further concluded that the A v iatio n Act of 1958, as amended, Docket transaction does not affect the control of an (ethylthio) methyl phosphorodithioate) 23925. air carrier directly engaged in the operation, in or on the raw agricultural commodity Notice is hereby given, pursuant to the of aircraft in air transportation, does not safflower seed. statutory requirements of section 408(b) result in creating a monopoly and does not Dated: October 22, 1971. of the Federal Aviation Act of 1958, as tend to restrain competition. Furthermore, amended, that the undersigned intends no person disclosing a substantial interest in L o w e l l E . M i l l e r , to issue the attached order under dele­ the proceeding is currently requesting a Acting Deputy Assistant, hearing, and it is concluded that the public Administrator for Pesticides Programs. gated authority. Interested persons are interest does not require a hearing. It ap­ hereby afforded a period of 7 days from pears that TIA is able to consummate its [FR Doc.71-15983 Filed 11-2-71;8:47 am] obligations under the lease without depriv­ the date of this notice within which to ing itself of aircraft necessary to meet its file comments or request a hearing with own commitments. In addition,, the transac­ CIBA AGROCHEMICAL CO. respect to the action proposed in the tion is similar to others approved by the order. Board.2 Under all the circumstances, it is not Notice of Filing of Petition Regarding found that the lease transaction will be in­ Pesticide Chemicals Dated at Washington, D.C., October 29, consistent with the public interest or that the 1971. the conditions of section 408 will be Pursuant to provisions of the Federal unfulfilled. Food, Drug, and Cosmetic Act (sec. 408 [se a l] A . M . A n d r e w s , Pursuant to authority duly delegated by (d)(1), 68 Stat. 512; 21 U.S.C. 346a(d) Director, Bureau of the Board in the Board’s regulations, 14 CFR (1) ), notice is given that a petition (PP Operating Rights. 385.3 and 385.13, it is found that the fore­ going transaction should be approved under 2F1196) has been filed by Ciba Agro­ Order of Approval section 408(b) of the Act without a hearing chemical Co., Post Office Box 1090, Vero Issued under delegated authority. and that the application to the extent it re­ Beach, FL 32960, proposing establish­ By joint application filed October 19, 1971, quests disclaimer of jurisdiction in regard ment of tolerances (21 CFR Part 420) for Trans International Airlines, Inc. (TLA) and to the above-mentioned lease agreement negligible residues of the herbicide 3-(4- Saber Air (PTE) Ltd. (Saber) request that should be dismissed. bromo-3-chlorophenyl) - 1 - methoxy-1- the Board disclaim jurisdiction over, or in Accordingly, it A s ordered, That: 1. The subject lease by Saber Air (PTE), methylurea and its metabolites contain­ the alternative, approve pursuant to section ing the 4-bromo-3-chloroaniline moiety 408 oi the Federal Aviation Act of 1958, as Ltd. of a McDonnell-Douglas DC-8-61CF air­ amended, (the Act) an agreement whereby craft and related parts and spare engines in or on the raw agricultural commodities TIA will dry-lease to Saber a McDonnell- from Trans International Airlines, Inc., as carrots and wheat grain and straw at 0.2 Douglas DC—8-61CF. described in the application in Docket 23925 part per million. TLA is a United States certificated supple­ be and it hereby is approved: and The analytical method proposed in the mental carrier authorized to engage in sup­ 2. To the extent not granted, the request for disclaimer of Jurisdiction in regard to the petition for determining residues of the plemental air transportation (Including in­ herbicide is a colorimetric procedure in clusive tour charter authority) with respect lease agreement be and hereby is dismissed. to persons and property in interstate and for­ Persons entitled to petition the Board for which the residue is hydrolyzed to 4- eign transportation.1 review of this order pursuant to the Board’s bromo-3-chloroaniline. After steam dis­ Saber, a Singapore-based corporation, per­ regulations, 14 CFR 385.50, may file such tillation ,the aniline is diazotized and forms transportation services by air in Asia. petitions within 5 days after the date of coupled with N-l-naphthyl-ethylenedia- Saber does not have a foreign air carrier per­ this order. mine to produce a colored compound that mit and does not presently intend to apply This order shall be effective and become the action of the Civil Aeronautics Board is measured spectrophotometrically at for such a permit under section 402 of the 550 nanometers. Act. Saber is planning to operate the sub­ upon expiration of the above period unless ject aircraft in ad hoc charters between within such period a petition for reveiw Dated: October 22,1971. Europe and Singapore. thereof is filed, or the Board gives notice The agreement involves the lease of one that it will review this order on its own L o w e l l E . M i l l e r , McDonnell-Douglas DC-8-61CF and related motion. Acting Deputy Assistant, Admin­ spare parts for a period of 10 years and 4 [ se a l ] Harry J. Z i n k , istrator for Pesticides Programs. months commencing on November 12, 1971. Secretary. Rental will be at the rate of $89,500 per [FR Doc.71-15984 Filed ll-2-71;8:47 am] month with a purchase option at times speci­ [FR Doc.71-16071 Filed 11-2-71:8:51 am] fied in the text of the lease. Saber will have STAUFFER CHEMICAL CO. complete and exclusive control of the air­ craft, providing its own crew, fuel, insurance, Notice of Filing of Petition Regarding etc., under the terms of the lease. It appears that the aircraft involved in the ENVIRONMENTAL PROTECTION Pesticide Chemicals instant lease represents approximately 11.8 Pursuant to provisions of the Federal percent of the total value of TLA’s aircraft, AGENCY Food, Drug, and Cosmetic Act (sec. 408 spare engines, and parts inventory. TIA (d)(1), 68 Stat. 512; 21 U.S.C. 346a(d) presently has no other aircraft under lease AMERICAN CYANAMID CO. to Saber. In support of the alternative re­ (1) ), notice is given that a petition (PP quest for approval, it is submitted that ap­ Notice of Withdrawal of Petition 2F1194) has been filed by The Stauffer proval of the instant lease agreement will not Chemical Co., 1200 South 47th Street, result in the control of an air carrier engaged Regarding Pesticide Chemical Richmond, CA 94804, proposing estab­ in air transportation, nor will it result in Pursuant to provisions of the Federal lishment of tolerances (21 CFR Part 420) creating a monopoly or tend to restrain com­ Food, Drug, and Cosmetic Act (sec. 408 for negligible residues of the herbicide petition. Moreover the applicants contend 2-(a-naphthoxy) -N,N - diethylpropiona- mat the rent payments will be of benefit to (d)(1), 68 Stat. 512; 21 U.S.C. 346a(d) IA, as well as to the United States in its (1)), the following notice is issued: mide in or on the raw agricultural com­ ° m nce Pa3rments position. In accordance with § 420.8 Withdrawal modities almonds, citrus fruits, fruiting No objections to the application or requests of petitions without prejudice of the vegetables, small fruits, and stone fruits lor a hearing have been received. pesticide procedural regulations (21 CFR at 0.1 part per million. Notice of intent to dispose of the applica- 420.8), American Cyanamid Co., Agricul­ The analytical method proposed in the +,on JJritbout hearing has been published in tural Division, Post Office Box 400, petition for determining residues of the e F e d e r a l R egister, and a copy of such Princeton, NJ 08540, has withdrawn its thn a been furnished by the Board to herbicide is a gas chromatographic pro­ < n ^tom ey General not later than the day petition (PP 0F0949), notice of which cedure using a conductivity detector for iouowing the date of such publication, both was published in the F e d e r a l R e g is t e r of nitrogen compounds. w*th the requirements of sec­ April 17, 1970 (35 F.R. 6288), proposing tion 408(b) of the Act. establishment of a tolerance of 0.05 part Dated: October 22, 1971. c°nsideration of the foregoing, it is L o w e l l E . M i l l e r , uded that the lease involves a sub- Acting Deputy Assistant, 2 Cf. World Airways, Inc. and Pakistan International Airlines Corp., Order 70-8-44, Administrator for Pesticides Programs. aSee Order E-26490, March 8, 1968. August 12, 1970. [FR Doc.71-15985 Filed ll-2-71;8:47 am]

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21094 NOTICES

UNIROYAL CHEMICAL operate on this channel at Daytona proceedings raising questions about cer­ Beach.1 tain of its activities. One involves a com­ Notice of Filing of Petition Regarding 2. As Shown by the designation order,plaint by the State of Wisconsin in which Pesticide Chemicals there are basic threshold qualification is­ the parent is alleged to have engaged in Pursuant to provisions of the Federal sues directed against Cowles, as well as unfair trade practices and unfair com­ Food, Drug, and Cosmetic Act (sec. 408 Central Among the basic threshold petition in violation of § 100.20(1) of the (d) (1), 68 Stat. 512; 21 U.S.C. 346a(d) qualification issues directed against States statutes. A second proceeding in­ (1)), notice is given that a petition (PP Cowles are Issues 2 e find f which read, as volves a complaint initiated May 29,1970, 2F1191) has been filed by Uniroyal Chem­ follows: by the Federal Trade Commission in ical, Division of Uniroyal, Inc., Bethany, 2e. The facts and circumstances sur­ which several publishers including Cow­ Conn. 06525, proposing establishment of rounding the purported criminal mail les’ parent corporation, are alleged to tolerances (21 CFR Part 420) for com­ fraud by the applicant’s parent corpora­ have used deceptive means to get long­ bined negligible residues of the fungi­ tion, Cowles Communications, Inc. term subscription contracts. * * * Ac­ cide carboxin <5,6-dihydro-2-methyl- f . In light of the evidence adduced un­ cordingly, the grant of either of Cowles’ l,4-oxathiin-3-carboxanilide) and its der issues * * * and “e” , whether the ap­ applications will be subject to the condi­ metabolite 5,6-dihydro-3-carboxanilide- plicant has the requisite qualifications to tion that it is without prejudice to what­ 2 - methyl - l,4-oxathiin-4-oxide (calcu­ be a licensee of the Commission, or ever action we may deem appropriate as lated as carboxin) in or on the raw whether it should be given a comparative a result of those proceedings. In addition, agricultural commodities peanuts and demerit or demerits.2 Cowles Communications, Inc., and five of wheat grain at 0.2 part per million. Paragraph 25 of the designation order its subsidiaries, paid $50,000 in fines and The analytical method proposed in the sets forth brief preamble recitations lead­ pleaded no contest to 50 criminal counts petition for. determining residues of the ing .to the Commission’s (a) specifica­ of mail fraud. We believe it is appropriate fungicide Is a technique in which caustic tion of the above-described issues 2 e and to permit evidence as to this matter to digestion cleaves aniline from the fungi­ f, and (b) the specification at paragraph be introduced under the qualifications cide. The aniline is removed by steam 29 of the designation order of a condi­ issue. distillation, and an aliquot is injected tion to be attached to a grant of the 3. Presently before the Review Board into a microcoulometric gas chromato­ Cowles applications should it prevail in are three petitions:8 Two were filed con­ graph equipped with a nitrogen detector. this proceeding. The condition reads, as currently on March 29, 1971, by Central, follows: and one was filed on April 29, 1971, by Dated: October 22, 1971. That the grant of this application is the Broadcast Bureau. Central’s major L owell E. M iller, without prejudice to whatever action the petition seeks enlargement and modifi­ Acting Deputy Assistant, Commission may deem appropriate as a cation of the issues, as follows: Administrator for Pesticides Programs. result of the pending proceedings involv­ (a) To determine, in light of allega­ tions made to the Commission in Courts [FR Doc.71-15986 Filed 11-2-71;8:47 am] ing Cowles Communications, Inc., insti­ tuted by the Federal Trade Commission located in Wisconsin, Michigan, Penn­ and the State of Wisconsin. sylvania, California, and Iowa, and in light of allegations concerning misuse of Paragraph* 25 of the designation ordei, telephone services in Wisconsin, Penn­ FEDERAL COMMUNICATIONS in pertinent part, reads as follows: sylvania, Virginia, Maryland, Tennessee, Cowles’ 100 percent Qprent, Cowles and the District of Columbia, whether COMMISSION Communications, Inc., is involved in two Cowles Communications, Inc., has en­ [Dockets Nos. 19168-19170; FGC 71R-317] gaged in willful and concerted attempts 1 As this proceeding involves a renewal ap­ to defraud, mislead, and/or harass con­ COWLES FLORIDA BROADCASTING, plication, it was in the designation order sumers and subscribers; and, if so, INC. AND CENTRAL FLORIDA EN­ made subject to the FCC Policy Statement whether Cowles Communications, Inc, on Comparative Hearings Involving Regular possessed the requisite qualifications to TERPRISES, INC. Renewal Applicants (FCC 70-62, released hold, control, or retain a substan­ Jan. 2, 1970). See, paragraphs 20 and 26 of Memorandum Opinion and Order the designation order. By further order, re­ tial interest in a broadcast license Amending Issues leased Aug. 20, 1971, the Commission, in ac­ authorization; cordance with the decision of the U.S. Court (b) To determine whether facts devel­ In regard applications of Cowles of Appeals for the District of Columbia oped concerning the foregoing allega­ Florida Broadcasting, Inc. (WESH-TV), Circuit in Citizens Communications, Center, tions constitute unfair business practices Daytona Beach, Fla., for renewal of li­ et al. v. FCC, et al. (Case Nos. 28, 471, de­ or unfair competition, and if so, whether cense, Docket No. 19168, File No. BRCT- cided June 11, 1971), deleted those portions Cowles Communications, Inc., possesses 354; Cowles Florida Broadcasting, Inc. of its prior designation order relating to the the requisite character qualifications to (WESH-TV), Daytona Beach, Fla., for Policy Statement, “ thus making clear that the Policy Statement is not applicable to hold, control, or retain a substan­ modification of authorized facilities, this proceeding”, and that “the comparative tial interest in a broadcast license Docket No. 19169, File No. BPCT-4158; issue as presently framed properly provides authorization. Central Florida Enterprises, Inc., Day­ for a full comparative hearing.” 4. While not specifically stating so, tona Beach, Fla., for a construction per­ * In passing, the Board notes that the Com­ Central’s major petition seeking the mit, Docket No. 19170, File No. BPCT- mission’s action of Aug. 18,1971, granting the above-quoted issues, in effect, requests 4346. application for transfer of control of WREC- TV, Channel 3, Memphis, Term., from Cowles substitution of the requested issues for JL By an Order, FCC 71-237, 36 F.R. Communications, Inc., to the New York Issue 2e as specified in the designation 4901, published March 13, 1971 (adopted Times Co., was made subject to the out­ order, and deletion of the conditional March 3, 1971), the Commission desig­ come of a number of legal proceedings in­ grant procedure prescribed by p a ra g ra p h nated for consolidated hearing the volving both parties, Including the “ State 25 of the designation order. The B u re au ’s mutually exclusive applications (a) of and Federal proceedings against Cowles and petition is also directed to Issue 2e, but Cowles Florida Broadcasting, Inc. some of its subsidiaries, involving their instead of enlargement or modification (Cowles or WESH-TV) seeking renewal magazine subscription activities * * * being considered in connection with Cowles* re­ of the issue, the Bureau seeks merely and modification of the facilities of newal applications for Stations WESH-TV. what it deems to be a correction of Is­ WESH-TV, Channel 2, Daytona Beach, Channel 2, Daytona Beach-Orlando, Fla., and sue 2e for the purpose of rectifying an Fla., and of (b) Central Florida Enter­ KRNT-AM-FM and KRNT—TV, Channel 8. Des Moines, Iowa.” See, Commission Report *A list identifying these documents and prises, Inc. (Central) for a new com­ No. 10083, Broadcast Action, dated Aug. 18, their respective Interrelated pleadings is set mercial television broadcast station to 1971. forth in appendix A annexed hereto.

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 NOTICES 21095 apparent mistake in the issue. Accord­ application. It is further noted that on tive advertising, public nuisance and ob­ ing to the Bureau, the wording of Issue January 29, 1971, a copy of a Michigan taining money by false pretenses and 2e stems from an inaccurate statement complaint was delivered to the Broad­ violation of the Michigan Retail Install­ of fact in paragraph 25 of the designa­ cast Bureau “for the information of the ment Sales Act.” As indicated previously, tion order that “Cowles Communications, Commission’s staff.” 8 a copy of the Michigan complaint was Inc. [CCI], and five of its subsidiaries 7. Thereafter, by letter, dated Febru­ delivered to the Broadcast Bureau on paid $50,000 in fines and pleaded no con­ ary 5, 1971, cross-referenced to the sub­ January 29, 1971 “ for the information of test to 50 criminal counts of mail fraud.” ject WESH-TV file, John F. Harding, the Commission’s staff; ” however, no As stated by the Bureau, the criminal Executive Vice President and General mention is made of the Michigan pro­ information proceeding named only the Counsel of Cowles Communications, Inc., ceeding in the Commission’s designation five wholly owned magazine subsidiaries advised the Commission of the (a) crimi­ order. as defendants. Hence, the Bureau states nal information proceeding and a com­ 10. CCI’s report of February 5, 1971, that it is evident that the Commission panion civil injunction proceeding; and was supplemented by a letter, dated Feb­ mistakenly considered CCI a party to the (b) termination of the criminal proceed­ ruary 26, 1971, from Mr. Harding, but suit and thus inaccurately specified Is­ ing by nolo contendere pleas and fines, was referenced solely to the files of Sta­ sue 2e. Accordingly, the Bureau requests of the termination of the companion civil tions KRNT and KRNT-TV, Des Moines. that the issue be modified to read, as proceeding by a consent decree and in­ No copy was cross-referenced or directed follows: junction. The letter emphasizes (a) that to the files of WESH-TV, and no copy [To determine] the facts and circum­ the criminal information proceeding was provided to Central, as in the case stances surrounding the purported crim­ named only the five magazine subsidiar­ of the prior February 5 report. This sup­ inal mail fraud by five wholly owned ies; (b) that “ the entry of a guilty plea plementary report, in part, is directed subsidiaries of the applicant’s parent cor­ in this action would constitute an admis­ to the Federal Trade Commission pro­ poration, Cowles Communications, Inc. sion against interest and would be seri­ ceeding which had only been briefly re­ ferred to in the prior report. Initially, it 5. Central’s other concurrently filed pe­ ously prejudicial in * * * civil litiga­ tion;” and (c) that CCI was named as a is pointed out that a copy of this com­ tition seeks the addition4 of a nondis­ plaint was transmitted to the Broadcast closure, a § 1.65 and a § 1.526 issue di­ party to.the civil suit, but no charges were made against CCI. It is further Bureau on February 19, 1971, appar­ rected against Cowles primarily because ently at the request of the Deputy Chief. (a) of its alleged failure to notify the stated in the letter that “all of the plead­ ings referred to have been delivered to In addition, this letter reports additional Commission of similar litigation in State litigation in the State of California Pennsylvania, California, and Michigan the Office of the Deputy Chief, Broadcast Bureau, for reference copies.” No copies involving similar practices of the five concerning CCI which involved similar magazine subsidiaries allegedly contrary activities of its magazine subsidiary com­ were filed as an amendment to the WESH-TV application; nor were any to State laws. As indicated at paragraph pany purportedly contrary to State stat­ 2, supra, no mention is made of this utes relating to unfair trade practices, copies of these. documents or pleadings served upon Central although it was sup­ California litigation in the designation anticompetitive practices, and install­ order. ment sales practices; and (b) of the al­ plied with a copy of the letter. As indi­ leged highly selective and reluctant man­ cated at paragraph 2, supra, the Com­ 11. With respect to the Federal Trade ner CCI submitted information and mission’s designation order refers to the Commission proceeding this later report copies of these various and sundry com­ criminal information proceeding, but traces the prior history of the investiga­ plaints to the Commission. there is no reference to the companion tion of the door-to-door magazine sub­ civil injunction proceeding in which CCI scription activities of four major pub­ B ack g r o u n d P acts was named as a party. lishing houses, including C d , by that 6. All pertinent background facts are 8. By this letter report of February 5, administrative agency, and then indi­ required to place the above-described 1971, a brief reference is made to the fact cates that the FTC complaints of Janu­ petitions in perspective, and these facts, that “The Federal Trade Commission ary 25, 1971, were issued against only derived from the Commission’s public has issued a complaint, served on Janu­ two of these four companies, one of files and from the pleadings here, are ary 25, 1971, involving the same general which is CCI.8 summarized, as follows: Initially, it is allegations,” and that “because of liaison 12. This letter report of February 26, noted that the litigation in the State of between the FCC and the Federal Trade 1971, further identifies John F. Harding, the writer of this, as well as the prior, Wisconsin which is referred to in the Commission” CCI assumes that the FCC had been supplied with a copy of the report stating that he is the Executive conditional grant procedure set forth at complaint. As further indicated at para­ Vice President-Administration and Gen­ paragraph 25 of the designation order graph 2, supra, the designation order in eral Counsel of CCI, and that he is the was reported in the WESH-TV renewal circumscribing the conditional grant Secretary and Chief legal officer for procedure relating to the Federal Trade every one of CCI’s approximately 40 sub­ Commission (FTC) proceeding and the sidiary companies, including the five 4 More specifically, the requested issues read as follows: Wisconsin state proceeding makes refer­ magazine subsidiaries; that he was pres­ (a) To determine whether Cowles Florida ence to a complaint of the FTC; however, ent at all stages of the proceedings, in­ Broadcasting, Inc., has failed in its responsi­ that reference relates to a prior FTC in­ volving the criminal information and bility to keep its pending application cur­ vestigatory proceeding involving several companion civil injunction proceeding; rently accurate and complete as required publishers which subsequently and on that he entered the nolo pleas in the by § 1.65 of the Commission’s rules; January 25,1971, culminated in the FTC criminal information proceeding; and (b) To determine whether the facts ad­ complaint directed against CCI. See, that as the officer of the five subsidiary duced pursuant to the foregoing issue re­ paragraph 11, infra. companies he signed the consent decree flect adversely upon the qualifications of in the civil proceeding.7 Cowles Florida Broadcasting, Inc., to con­ 9. The letter report of February 5,1971, tinue to be a Commission licensee; also advised the Commission that “these _ (c) To determine whether Cowles Florida companies [the five magazine subsidi­ * Apparently, one company had entered Broadcasting, Inc., has failed to fuUy dis­ aries], as well as the parent company, into a consent decree with the Federal Trade close requisite information in its applica­ are presently defendants in civil litiga­ Commission, and the other had ceased to tions; and, if so, to determine the effect tion in several courts * * and that a operate and closed its door-to-door subscrip­ thereof upon Cowles Florida Broadcasting, recent proceeding was instituted in the tion actlyities. See, also, CCI’s letter of Aug. Inc.’s, qualifications to continue to be a state of Michigan where the Attorney 12, 1971, reporting, among other matters, Commission licensee; that the five CCI magazine subsidiaries are (d) To determine whether Cowles Florida General directed a third-party complaint no longer in business for any practical pur­ Broadcasting, Inc., failed to properly main­ against four of the magazine subsidi­ pose. tain its public files pursuant to § 1.526 of aries “ and the Company, [and] accused 7 As stated by Central, and as shown by the Commission’s rules; and, if so, to de­ defendants of, among other acts, decep- appendix C attached to Central’s petition termine the effect thereof upon Cowles Flor- to enlarge issues, Mr. Harding also signed a Broadcasting, Inc.’s, qualifications to B See, paragraph 5, opposition of Cowles to the consent decree as Executive Vice Presi­ continue to be a Commission licensee. Central’s petition for a 1.65 issue, etc. dent and General Counsel of CCI.

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21096 NOTICES

13. This letter report emphasizes again tie this litigation “ on the same basis as scribed by the Commission with respect that: the permanent injunction” issued by the to the FTC proceeding and the Wisconsin The criminal information filed by the court in connection with the civil pro­ proceeding, and resolution by this Com­ Department of Justice in the Federal ceeding of the Department of Justice. mission of the public policy considera­ District .Court did not make any refer­ It is also stated that: tions involved in those, and the other ence to CCI in any way. Neither did the In the case of every one of the State State, proceedings. By its elaborate docu­ criminal information make any charges actions referred to, Gowles Communica­ mentary submissions, Central also traces of any kind against Cowles Communica­ tions, Inc., is brought in solely on the what it deems to be an alleged misuse by tions, Inc. It is significant that this crim­ contention that it is responsible for each CCI of Wide Area Telephone Service inal information was filed after a very and every act of its subsidiaries. Such a (WATS).“ Stripped of unessential de­ thorough investigation by the Postal De­ theory proceeds upon an assumption of tails, Central’s major thrust emphasizes partment and a Federal Grand Jury absolute liability, albeit without any fault that

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 NOTICES 21097 complaints allegedly linking CCI with the Obviously, the prime purpose of the sub­ quest for correction of Issue 2e (para­ alleged misconduct of its magazine sub­ mission of these ancillary court proceed­ graph 4). It is the Bureau’s position that sidiaries, Central refers (a) to the com­ ings incident to the grand jury investiga­ the few factual errors in the Commis­ plaint of the Attorney General of the tion is to establish that CCI was named sion’s designation order should be cor­ State of California which states that “at as a party, and participated, as a party, rected by the Board, and that the face all times mentioned in this complaint, in the grand jury investigation. of the designation order (paragraph 2, and that for many years past CCI was 18. On the basis of its lengthy and supra) demonstrates that the Commis­ fully aware of the practices complained elaborate submissions, Central essentially sion was aware of and considered the of,” and that “CCI kept control over, makes three main lines of argument. various and sundry types of litigation knowledge of, and participated in the First, it is contended that in preparing involving the same or similar activities illegal activities of dealers by keeping the the initial order of designation (para­ of CCI’s magazine subsidiaries, and that dealers in debt to CCI;” and (b) to the graph 2 above), the Commission did not the Commission fashioned the adminis­ remarks of the Honorable Fred B. have available the facts now presented trative procedures for handling the sub­ Rooney of Pennsylvania, as set forth in by it. In this connection, Central refers ject matter. The Bureau asserts that the copies of the Congressional Record an­ to the order of designation, and to the Review Board is constrained to adopt the nexed to Central’s petition whereby fact that the order on its face makes no same procedures insofar as additional “Rooney blames corporate pressures for reference to the civil complaint of the civil litigation is concerned which is in­ fiigh volume sales as the root cause of Department of Justice, or to the agree­ advertently omitted from the designa­ magazine sales frauds,” and challenges ment of CCI, as well as the five subsidi­ tion order or which is reported by Cen­ Cowles claim that his “charges” are un­ aries, to abide by the terms of a decree tral. Accordingly, the Bureau requests founded in light of a Pennsylvania court of permanent injunction. Central also that (a) with respect to the California, proceeding. refers to the fact that the Commission’s Michigan, and Pennsylvania litigation, 17. Finally, by way of it3 commentsorder does not mention litigation involv­ the Board incorporate such litigation to Cowles’ motion of strike,13 Central sub­ ing similar conduct of the five magazine within the conditional grant procedure mitted a copy of the transcript of all subsidiaries in the States of California, already specified by the Commission; and known available materials of public rec­ Pennsylvania, or Michigan, and that the (b) with respect to Issue 2e relating to ord obtained from the clerk of court re­ order took no cognizance of matters of the criminal information proceeding, the lating to the grand jury investigation record concerning alleged abuses of Board, in effect, merely substitute the which preceded the criminal information Wide Area Telephone Service lines names of the five magazine subsidiaries proceeding. These materials are cap­ (WATS) by CCI or its employees or for that of CCI now specified in Issue 2e tioned “In the United States District agents in furtherance of what Central in order to correct the mistake of fact. Court for the Southern District of Iowa describes as a carefully orchestrated pol­ In support of this latter request, the in the Matter of Grand Jury Investiga­ icy to defraud, harass, and mislead con­ Bureau states: tion of Cowles Communications, Inc., sumers and/or magazine dealers and em­ The change will not, in the Bureau’s Miscellaneous 1-39, 1970,” and consti­ ployees, not to mention unfair competi­ view, in any way change the import of tute the ancillary court proceedings in­ tion. Secondly, Central contends that its the issue since the activities of wholly cident to the grand jury investigation. As carefully documented submissions con­ owned subsidiaries are directly attribut­ indicated by the caption, the grand jury stitute a conclusive showing that the able to the parent corporation. The pro­ investigation relates to CCI, and this fraudulent and deceptive practices of posed change will merely correct a mis­ transcript at page 121 explains the scope CCI are nationwide in scope. On the basis take in fact without altering the right of of the investigation, as follows: of this hypothesis that its documentary any party' to argue thè legal ramifica­ We have pending before us in the submissions constitute a conclusive show­ tions attendant to the alleged criminal southern district of Iowa, before the ing, Central then argues certain propo­ activities. grand jury, an investigation involving sitions which, although stated unclearly, 21. Despite this imequivocal position the magazine industry in general, involv­ resolve themselves into a contention that as stated by the Bureau above, it is noted ing the sale of magazines—what is known on the basis of the nolo pleas, maximum that in a subsequently filed reply plead­ as P.D.S.—Paid During Service. While it fines, and consent judgment in the crimi­ ing the Bureau apparently modified its is true that Cowles Communications and nal information and companion civil pro­ initial position by arguing that “ one of its five subsidiaries are before the grand ceeding, the magazine subsidiaries the critical links which must be forged at jury, it is not our intention to limit it to should, in effect, be deemed guilty of the hearing if Cowles Florida is to be them. It will go to the industry practices. misconduct, and that CCI should, in ef­ faulted is attribution to Cowles Commu­ And there will be witnesses in that fect, be deemed responsible for such mis­ nications, Inc., of the activities of its five respect. conduct. Hence, the issues requested by subsidiaries which were charged with * * * And it so happens that Cowles Central look toward an evidentiary show­ criminal conduct.” 14 has 50 percent of all the’ P.D.S. service ing grounded, in most part, upon Cen­ in America, or did have at the time they tral’s documentary submissions here in u It is to be further noted, as brought to were under investigation. So that would connection with its pleadings. Insofar as the Board’s attention by Central, that the logically be the first starter. those issues look toward deletion of the Bureau supported Central’s request for pro­ conditional grant procedure prescribed duction of documents relating to the crimi­ by paragraphs 25 and 29 of the Commis­ nal information proceeding, stating that the 13 Since the documents which Central pro­ relevance of the requested documents to Is­ vided were actual copies of the court’s judg­ sion’s designation order with respect to sue 2(e) is apparent on their face. See, Mem­ ment relating to the criminal Information the FTC and Wisconsin State proceed­ orandum Opinion and Order, FCC 71M-724, proceeding, we find no adequate basis for ing, Central states that an evidentiary issued May 7, 1971, released May 10, 1971, by either striking Central’s comments, or the inquiry is required on the basis of the Chester F. Naumowicz, Jr., Hearing Examiner, documents submitted with such pleadings. Commission’s regulatory concepts in gen­ In the memorandum opinion and order deny­ In this connection, the Board notes, in pass­ eral, and the application of these con­ ing the request for production of documents, ing, that after Central filed a copy of the cepts to this proceeding in particular. the Hearing Examiner Indicates that with court’s judgment, CCI obtained a Nunc Pro 19. Thirdly, Central asserts, citing At­ respect to Issue 2e: Tunc order of the court deleting that portion * * * There is a dispute as to the scope of of the judgment which had previously read, lantic Broadcasting Co., 5 FCC 2d 717, 8 the issue. On the one hand, it may be con­ as follows: “It is adjudged that the defend­ RR 2d 991 (1966) that “it is axiomatic strued as a directive to take evidence as to ant is guilty as charged and convicted.” As that the Review Board may reach a dif­ the fact that the mail fraud information corrected, the decree of the court with re­ ferent conclusion concerning the issues was filed, the allegations of the Information, spect to each of the five magazine subsidi­ which must be scrutinized during a hear­ the plea thereto, and the action thereon. On aries, according to the Nunc Pro Tunc order ing proceeding when it is established that the other hand, it may be construed as a remains “in full force and effect,” and, in mandate to take the mall fraud cases to pertinent part, reads, as follows: the Commission has not fully considered trial in this proceeding. Plainly, Central Flor­ It is adjudged that the defendant upon his the matter in its designation order.” ida believes the latter to be the Commission’s Plea of nolo contendere to counts * * * 20. The Bureau opposes Central’s re­ meaning. While such a purpose is undoubt­ nave been convicted of the offense of vio- edly within the Commission’s authority the lathig title 18, section 1341, United States quest for substitution of issues, and Cen­ Examiner is unable to agree that such was Code * * * tral, in turn, opposes the Bureau’s re­ its intention'* * *.

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, ,1971 No. 212------11 21098 NOTICES

22. As indicated above, Central op­ 24. Cowles also (a) refers to the Bu­ graphs 10 to 14, supra) is largely poses the Bureau’s request for correction reau’s statement that “The change will restated. of Issue 2e, and its variable positions here not, in the Bureau’s view, in any way 26. It is Cowles’ unequivocal position are opposite, to some extent at least, to change the import of the issue since the that (a) the conduct complained of is to its basic position as stated in its petition activities of wholly owned subsidiaries date only unproven allegations; (b) none to substitute issues (paragraph 18, su­ are directly attributable to the parent of the litigation involves in any way the pra). On the one hand, Central states corporation,” and (b) emphasizes that licensee and the applicant here; (c) none that “the mail fraud convictions are at­ “the Commission’s order nowhere dis­ of the allegations concern matters which, tributable to CCI, as parent company of cusses much less suggests this legal con­ if proven, would reflect adversely on the the five subsidiaries,” and that “the Com­ clusion;” and (c) contends that the posi­ licensee’s qualifications; and (d) the mission has so indicated in framing Is­ tion urged by the Bureau “would of Commission could consider the rami­ sue 2e.” Central further states that “it necessity require a finding that purported fications of proven unlawful conduct by may be reasonably construed that no activities of wholly owned nonbroadcast the parent and subsidiaries on the oper­ change in the issue is necessarily war­ subsidiaries are in some manner relevant ation of the broadcast subsidiary involved ranted and the Commission’s judgment, to the operations or policies of an en­ herein, but only upon resolution of the following Atlantic, supra, should be fol­ tirely separate broadcast subsidiary, suits now pending before the Federal lowed.” On the other hand, Central as­ without any inquiry into the activities Trade Commission and the various State serts that one of the pivotal questions or relationship of the parent.” Stated courts, and then only upon a finding of before the Board is to what extent the another way, Cowles reads the issue, as conduct related and relevant to the fifty counts of mail fraud are attributable now framed, to be one designed only to broadcast operations. to CCI; however, it also urges the Board discover in the hearing if CCI, and, in 27. As to the alleged misuse of WATS to declare that CCI is responsible. In this turn, Cowles Florida, can legally, or by (note 11, supra), Cowles asserts that connection, Central points out, as it did implication, be deemed indirectly re­ these complaints concern companies previously with respect to its motion to sponsible for the purported criminal ac­ with no direct association with CCI or substitute issues (paragraph 18), that a tivities of five of CCI’s magazine sub­ its wholly owned subsidiaries, and that plea of nolo contendere does not admit sidiaries. Challenging the inferences the practices complained of were en­ the allegations of the charge but merely indulged in by Central relating to the gaged in by independent franchise says that the defendant does not choose nolo pleas, the grand jury proceeding, dealers. Pointing out that the sole com­ to defend; “ and, again, argues, in effect, etc., Cowles states “that CCI would have plaint relating to CCI is made by Hyatt, that a legal conclusion relating to the a significant interest in the course of the who was employed by Home Readers misconduct of the subsidiaries could be grand jury investigation is to state the Service, Inc. of Memphis (a CCI subsidi­ predicated .upon the fact that the five obvious,” and that, contrary to the pre­ ary) , Cowles states that Hyatt’s employ­ magazine subsidaries were fined maxi­ sumption urged by Central that the ment was terminated by the subsidiary mum permissible fines; that the Court criminal information and civil proceed­ for using improper collection methods adjudged that the defendants upon their ing prove attribution of improper con­ over the telephone and that his statement pleas of nolo contendere have “been con­ duct to CCI, the undisputed facts, ac­ was simply a self-serving accusation of a victed;” and that CCI in no pleading be­ cording to Cowles, “are that the U.S. disgruntled employee. Further, Cowles fore this Commission has denied any of Attorney, the Department of Justice and states that to its knowledge there have the charges relating to its magazines the Court found no basis whatever for been no formal complaints filed with subsidiaries. On this hypothesis, Central any such attribution.” 19 In sum, Cowles the Commission; neither has any fine argues that under the respondent su­ states that none of the documents or been levied under section 22316 of the perior doctrine this misconduct is at­ pleadings placed before the Commission Communications Act of 1934, as tributable to CCI as the parent of these by Cowles Florida, CCI or Central permit, amended. Instead, it asserts that the wholly owned subsidiaries. much less require, any finding of crim­ complaints have been resolved without 23. Cowles opposes both the Bureau’s inal misconduct by, or attributable to, action against CCI or any of the wholly request to correct Issue 2e, and Central’s Cowles, as a separate broadcast sub­ owned PDS subsidiaries. sidiary, and that, absent such a finding, petition for substitution of issues. Insofar D is c u s s io n and C o n c l u s io n s R elating as the Bureau’s request for correction is Central’s recitation of permissible infer­ ences from entry of a nolo contendere t o C e n t r a l ’s R e q u e st f o r S ubstituted concerned, the thrust of Cowles’ posi­ I s s u e s tion is that the Review Board does not plea is inappropriate and superfluous. have the power to change the issue as 25. Cowles’ opposition to Central’s pe­ 28. We now come to an analysis of requested because “the Commission has tition for substitution of the scope of Central’s requested substituted issues set given full consideration to evidence be­ Issue 2e reiterates, in many respects, the forth at paragraph 3, supra. As shown fore it, and there is no further or con­ position of CCI set forth in the Febru­ by its requested issue (a), Central, in flicting evidence on the matters.” Follow­ ary 26 report to the Commission (para­ ing Atlantic, supra, Cowles contends that graphs 10 to 14, supra), as well as in its opposition to the Bureau’s petition. In 19 Section 223 reads, as follows: the Board is “lacking authority to sub­ W hoever— stitute an entirely new issue.” According short, it again points out that CCI is not (1) in the District of Columbia or in inter­ to Cowles, the change in Issue 2e sought named as a defendant in the criminal state or foreign communication by means of by the Bureau constitutes an entirely information proceeding, that the grand telephone— different issue because the Commission jury has never returned an indictment (A) makes any comment, request, sug­ had evidence before it that CCI was not against CCI,17 and that the Department gestion or proposal which is obscene, lewd, of Justice proceeded by information“ lascivious, filthy, or indecent; charged with- any improper conduct in (B) makes a telephone call, whether or either the criminal information or com­ only against five wholly owned “paid during service” (PDS) subsidiaries of not conversation ensues, without disclosing panion civil injunction proceedings, and his identity and with intent to annoy, that CCI was not named as a party in the CCI. Cowles also emphasizes again that abuse, threaten, or harass any person at the criminal information proceeding. Hence, “it is clear that the Department of Jus­ called number; in Cowles view, “it is, therefore, signifi­ tice did not find any unlawful activity (C) makes or causes the telephone of an­ cant that the issue inquires only into by CCI.” With respect to the companion other repeatedly or continuously to ring, purported criminal mail fraud of the ap­ civil injunction proceeding, the Federal with intent to harass any person at the called plicant’s parent corporation * * Trade Commission complaint, the Wis­ number; or consin complaint, and the other state (D) makes repeated telephone calls during complaints, the same information as set which conversation ensues, solely to harass “ For a more detailed discussion of the forth in CCI’s February 26 report (para- any person at the called number; or legal implications of a plea of nolo con­ (2) knowingly permits any telephone under tendere, see p. 5 of Central’s supplement to his control to be used for any purpose pro­ its comments on broadcast bureau’s motion 18 See note 8, supra. hibited by this section, shall be fined not to change issues, or p. 7 of Central’s com­ 17 See note 8, supra. more than $500 or imprisoned not more than ments to Cowles’ motion to strike. 18 See note 8, supra. 6 months, or both.

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 NOTICES 21099 effect, includes within its scope all of the of the extent, if any, of CCI’s responsi­ deed, admitted by Central, that nolo “allegations” set forth in the complaints bility for the activities of its five wholly pleas, and consent decrees constitute relating to the multifarious litigation in owned magazine subsidiaries. Thirdly, by proof of no fact, no any admission. Under the various State courts, the PTC pro­ issues (a) and (b), Central seeks a dele­ these circumstances, the Commission has ceeding, as well as the “allegations” of tion of the conditional grant procedure no adjudicated findings of the court with the criminal information and civil in­ circumscribed by the Commission with respect to the alleged misconduct. West­ junction complaint filed in' the Iowa respect to the FTC and various State pro­ inghouse Radio Stations, Inc., 10 RR 878, eourt. Thereafter, Central» proposes a ceedings, the inclusion of these matters 964-965. In this connection, we find sig­ standard of conduct which it describes as in this proceeding, and a determination nificant the Commission’s memorandum “attempts to defraud” with respect to by this Commission as to whether the opinion and order (FCC 71-970) in re the criminal information and companion conduct complained of constitutes not RKO General, released September 20, civil proceeding, whereas the criminal only “attempts to defraud,” but also 1971, where it rejects contentions similar information is grounded upon charges unfair trade practices and anti-compet­ to those urged here and, in doing so, of alleged mail fraud, and the companion itive practices. states that resolution of the proceedings civil proceeding is grounded upon allega­ 29. Suffice it to say that Central’s pro­ must be based on records developed in tions of nationwide fraudulent and de­ posal here extends far beyond this the adjudicatory hearings before the ceptive practices. Secondly^ Central Board’s jurisdiction, raising new policies Commission. seeks a change of the evidentiary stand­ and new procedures, relating to the im­ 31. In reaching these conclusions re­ ard of hard proven facts to constitute plementation by the Commission of its jecting Central’s requested issue (a), the substantial evidence where, as here, the Report on Uniform Policy As to Violation Board does not intend to imply that criminal information and civil injunc­ by Applicants of Laws of The United Central’s proposal here for a change in tion proceeding have been terminated by States (Docket No. 9572), 1 RR 91: 495 the standard of proof has no appeal or nolo pleas, maximum fines, a judgment (1951), quite apart from the serious ques­ is wholly lacking in merit. For it is un- of conviction, and a consent decree, with­ tions presented relating to well estab­ debatable that a protracted trial of the out any exploration in this proceeding of lished legal principles governing due underlying facts relating to alleged anti­ (a) the facts underlying the charges process and substantial evidence require­ trust violations, as in RKO, supra, or of and/or allegations of alleged mail fraud, ments. Without elaborating on Central’s the underlying facts of alleged mail and nationwide fraudulent and deceptive proposed standard of conduct, viz. “ at­ fraud, and/or nationwide fraudulent and practices, (b) relevant facts relating to tempts to dfefraud,” we merely note that deceptive practices, as in the instant case, the relationship of CCI to its five maga­ Central pleadings are devoid of any dis­ does frustrate the public interest in the zine subsidiaries, and (c) relevant legal cussion whatsoever concerning the ori­ Commission’s orderly administration of principles20 with respect to the question gin, genesis, or even its own rationale its hearing processes which should look pertaining to its proposed standard of toward and be geared to expeditious res­ conduct, other than a brief reference to olution of hearings, and, particularly, 20 There is no discussion by the parties of these legal principles, other than Central’s the fact that in its policy statement, such hearings relating to an application brief reference, without explanation, to the supra, the Commission evinced concern for renewal of license. However, we be­ respondeat superior doctrine. In this con­ with conduct underlying the questionable lieve that the drastic modification of pol­ nection, it is to be noted that although activities of an applicaiit, and not with icies, procedures, and practices which Cowles briefly indicates that there can be the question of whether such conduct is Central seeks here are better and more no direct attribution of the alleged miscon­ unlawful, per se. As indicated above, Cen­ fairly examined and considered in the duct of the subsidiaries, without an inquiry tral’s proposed standard of conduct broader context of a rulemaking proceed­ into the activties or relatonshp of the parent, relates to the criminal information and ing, where the inquiry can be thorough Cowles did not proffer any facts relating to the structure and relationship of CCI and its companion civil injunction proceedings and where all interested parties can par­ subsidiaries, etc. For a discussion of some of where the former is grounded on alleged ticipate. Central has not sought such a the legal principles involved, see 18 Am Jur mail fraud, and the latter is grounded rulemaking proceeding. 2d, Corporations § 171, 19 Am Jur 2d, Corpo­ upon allegations of nationwide fraudu­ 32. For all of the reasons set forth rations § 716 and 719; and Carl Zeiss Stiftung lent and deceptive practices. above, we will deny Central’s request for v. V.E.B. Carl Zeiss, Jena, 298 F. Supp. 1309 30. With respect to Central’s proposed its issue (a) (paragraph 3). We will, (1 9 6 9 ), where the court, citing National Dairy Products Corporation v. U.S., 250 F. 2d 321, change in the standard of proof, Cen­ likewise, deny its request for issue (b) 8th Circuit, C.C.A. (1965), states: “Although’ tral proposes, in effect, submission into (paragraph 3), which primarily involves the existence of a parent-subsidiary relation­ evidence (a) the criminal information deletion of the conditional grant proce­ ship is entitled to considerable great weight and the various complaints; (b) the nolo dure circumscribed by the Commission in determining whether the parent is legally pleas; (c) the maximum fines; (d) the with respect to the FTC proceeding and responsible for antitrust misconduct of its judgment of “conviction” in the criminal the Wisconsin State proceeding, and the subsidiary, the separate corporate entities information case (see note 13, supra); inclusion of these matters, and the other will not be disregarded unless it appears that the subsidiary is independent of the parent and (e) the consent judgment in the State proceedings, into the subject pro­ in form only.” In the Zeiss case a sufficient companion civil injunction case, in lieu ceeding. Here, we agree with the Broad­ degree of dominion and control required to of an evidentiary hearing on the basic cast Bureau that the Commission has disregard the separate corporate entities was facts underlying the criminal informa­ fashioned the administrative procedure not shown even though it was established tion and companion civil injunction com­ to be used with respect to determinations there had been some common board mem­ plaint. Central’s methodology is not as to whether such conduct constitutes berships, and subsidiaries did report results grounded upon any recognized eviden­ unfair trade practices or anticompetitive « operations. However, it was also established practices under the various State and hat separate books and records were main- tiary practice, or generally accepted in­ ^ sePhrate employees, separate flnan- ferences or assumptions, and Central Federal statutes. In this connection, we lai statements were prepared, and separate cites no principles of law permitting the note again with significance that essen­ ax returns were filed. Under these circum- existence of nolo pleas, maximum fines, tially the same conduct is involved in J T es’ ^ e Court held there was no proof of a consent judgment, etc., to be translated all of these multifarious proceedings, and control. into substantial evidence sufficient to that this Commission’s protection of the hA? 18 J® be noted tt^t CCI does not stand support a legal conclusion of misconduct public interest insofar as its licensing 1t this Commission as a mere parent of in this proceeding. For it is clear, as in- functions are concerned, does not require re broadcast subsidiary, although this fact at this time a full sweep of such conduct JLr, mentl°ned either by Central or by into all various State and Federal cate­ 9^1 *s a broadcast licensee of for transfer of control to the New York ^RNT-TV and KRNT (AM-FM), Des Moines, Times Co. gories of public policy. Rather, on the 8> See’ 81801 note 2> supra, relating to its Thus, while the principles of the Zeiss case basis of the inquiry circumscribed by Is­ ri i vJi .own6rsbip, albeit through a separate are relevant to this proceeding, they may not sue 2e, as modified herein and as geared of £'P‘w*es Broadcasting Service, Inc., be determinative of the question of CCI’s to the facts underlying the criminal in­ d it w C^TV’ “ « “ PMs* Tenn., and the con- responsibility in the ultimate disposition of formation and companion civil proceed­ s attached to a grant of an application this case. ing, sufficient scope is provided in the

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21100 NOTICES

subject adjudicatory proceeding to assure lantic, supra, we are obligated to rule on companion civil proceedings and (b) re­ no risks to the public interest, and to this matter, and on the basis of the plead­ lating to the question of the extent, if Central’s rights as a comparative appli­ ings before us a threshold showing has any, of CCI’s participation and/or re­ cant. Moreover, we note that although been made to warrant an issue to permit sponsibility for the alleged activities of its Central recognized that its request for the adduction of evidence to determine magazine subsidiaries. In sum, the Board deletion of the conditional grant proce­ the extent, if any, of CCI’s participation will correct and/or modify Issue 2e to dure must be evaluated against “a back­ and/or responsibility for the activities of comport with our discussion above. How­ drop of (a) the Commission’s regulatory its magazine subsidiaries. ever, the scope of this issue, insofar as the concepts in general, and (b) the applica­ 35. We are also constrained to pointalleged misuse of WATS is concerned, will tion of these concepts to this proceeding out that with the troubled history of these depend on whether this matter is deemed in particular,” Central, nevertheless, has magazine subsidiaries in mind, the prob­ relevant to the allegations of the civil made no showing here that the struc­ lems to which the multiple pleadings of injunction case (see, note 12, supra), and turing of the Commission’s inquiry and the parties have been directed ought not this is a matter for the Hearing Ex­ the conditional grant procedure is de­ to elude clarity to the extent presented by aminer’s determination. Insofar as the ficient from the standpoint of the overall their diametrical opposite views or their pending proceedings in Michigan, Cali­ public interest or of its rights to a full variable, if not internally inconsistent, fornia, and Pennsylvania are concerned, and fair hearing on the comparative positions. Surely, with this history in the Board will include these matters as issue. Nor does Central contend that the mind, there is no reason for the parties part of the condition found in paragraph fashioning of the Commission’s concern (a) to refuse to accept the fact that the 29 of the designation order. With respect with these matters as exemplified by Is­ Commission in its designation order fash­ to the two proceedings now pending in sue 2e and the conditional grant proce­ ioned and specified an inquiry relating to Pennsylvania, only one is to be made part dure does not comport with Commission the alleged mail fraud by specifying Issue of the condition. That case involves a suit policy of abstaining from interpreting 2e evincing its concern with the subject brought by a CCI subsidiary (Mutual alleged violations of State or Federal law matter albeit on the basis of an inaccu­ Readers League, Inc.) against one of its where the appropriate authorities have rate and incomplete description of the franchised dealers in which the State of not yet acted. criminal information and companion Pennsylvania intervened as amicus curiae civil proceeding; (b) to refuse to recog­ thereby making the subsidiary a third Discussion and Conclusions Relating to nize the state of affairs as unfolded with party defendant. A permanent injunction Corrections of the Commission’s Des­ respect to the criminal information and was then issued against both parties and ignation Order companion civil proceeding; and (c) to the case is now on appeal. Since, from the 33. The Board will grant, in substance, take positions which are essentially based pleadings, it did involve a CCI subsidiary, the Bureau’s request for correction of upon the literal language of Issue 2e with­ we will add this proceeding to the condi­ Issue 2e on the basis of the Bureau’s mod­ out regard to all, and not merely some, tion. The other Pennsylvania jsase will not ified position (paragraph 21) that one of of the facts which gave rise to the issue. be included; as Cowles explains, this the critical links which must be forged For it is obvious that literalness of mean­ latter suit is in no way related to a CCI' at the hearing if Cowles is to be faulted ing affixed to particular words, without subsidiary. is attribution to CCI of the activities of regard to all antecedent facts, sheds no Other Matters its five subsidiaries in the criminal infor­ light on the problem. Stated another way, 37. We turn to Central’s petition to mation case. As indicated by our discus­ the Board does not agree that the essen­ add a § 1.65 issue, etc. (paragraph 5, sion in paragraphs 2&-30, supra, it is tially literal reading of Issue 2e by the supra) directed against Cowles. Without the Board’s view that the Commission, in parties compels the meaning which they reciting the details of the pleadings, it so many words, viz. “facts and circum­ give to it. More specifically, we find no is evident on the basis of the facts set stances” as set forth in Issue 2e, is re­ merit in the Bureau’s initial position forth in paragraphs 6 to 14, supra, that quiring an all inclusive factual showing (paragraph 20) that substitution of the Cowles did not submit appropriate relating to the underlying facts incident names of the five magazine subsidiaries, amendments to either Cowles’ applica­ to the allegations of the criminal infor­ standing alone, would correct the prob­ tion for renewal of WESH-TV’s license or mation, as well as the companion civil lems with the issue which stem not only to Cowles’ application for modification of injunction case. from an inaccurate description of the criminal information proceeding but, in the authorized facilities of WESH-TV. It 34. Similarly, we believe the question is also evident that its informal filings, as relating to the extent, if any, of CCI’s addition, from the fact that the com­ panion civil injunction case is not men­ well as its selective manner of supplying participation and/or responsibility for copies of documents “for the information the alleged misconduct of its five sub­ tioned; nor do we agree with the Bureau’s initially stated position that the activi­ of the Commission’s staff,” may reason­ sidiaries, is subsumed within the ambit of ably account, to some extent at least, for Issue 2e, if due regard is accorded to the ties of the wholly owned subsidiaries are directly attributable to the parent cor­ the patent errors in the designation troubled history of CCI and its maga­ order. As indicated at paragraph 10, zine subsidiaries. As indicated by note 20, poration without an evidentiary explora­ tion of relevant facts. (See, note 20, supra, CCI’s letter of February 26, 1971, supra, this question reçoives itself into was not cross-referenced to the subject a basic one relating to “ control,” which supra.) Similarly, we find no merit in Central’s contention that the Commission applications; nor was it cross-referenced CCI has challenged in the Federal Trade to the WESH-TV public license files, and, Commission proceeding, as well as in the in wording the issue as it did and by in­ cluding CCI only, reached an implicit as stated by Central, it was filed only 3 multifarious State court proceedings, and work days prior to the Commission’s con­ which it now challenges before this Com­ conclusion attributing direct responsibil­ ity to CCI. We also disagree with Cowles sideration of its designation order. mission. Moreover, contrary to Cowles’ Cowles’ reasons for its chosen course are position (paragraph 25), there can be no thaff the Commission deliberately named CCI only, thereby, in effect, holding that based on its position that the activities resolution of this question on the basis CCT is not directly responsible, and of CCI’s wholly owned magazine subsidi­ ■" of its assertions concerning the grand leaving it to the parties to argue the aries are not relevant to “license re­ jury and the Department of Justice, and legal ramifications of indirect responsi­ newal proceedings involving the parent the Commission did not, in its designa­ bility. (See, note 20, supra.) corporation or unrelated broadcast tion order, either accept or reject CCI’s assertions as set forth in its letter of Feb­ 36. As pointed out above, it is our viewsubsidiaries.” ruary 26, 1971, relating to the implied that the very purpose and direction of the 38. Clearly, in our view, the applica­ resolution of this question either by the issue, in light of the nature of the ter­ tions forms, the Commission’s report and grand jury or by the Department of Jus­ mination of the criminal information and order in (Docket 14867), Reporting of companion civil proceedings, is to require tice. In any event, we believe that in the full exploration of all “facts and circum­ Changed Circumstances, 29 F.R. 15516, absence of a reasoned analysis in the stances” (a) relating to the facts under­ 3 RR 2d 1622 (1964), and the Commis­ designation order as contemplated in At- lying the allegations of the criminal and sion’s Report on Uniform Policy As To

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 NOTICES 21101

Violation by Applications of Laws of the aries, as well as its broadcast properties,21 herein is corrected and/or amended to United States, supra, compel the filing and (b) Cowles to carry, under section read as follows: of this type of information as an amend­ 309 of the Communications Act, the bur­ That the grant of this application is ment, including copies of all relevant den of proof with respect to Issue 2e. without prejudice to whatever action the documents, to keep pending applications 40. Accordingly, the Board is of the Commission may deem appropriate as a up-to-date. We, therefore, deem Cowles’ opinion that to be conducive to the result of the pending proceedings involv­ reasons for its informal and selective proper dispatch of business and the ends ing Cowles Communications, Inc., insti­ submissions wholly lacking in merit. In of justice, the designation order should tuted by the Federal Trade Commission, addition, it is our view that elementary at this time, on the Board’s own motion, the States of Wisconsin, California, and principles of fairness would require be amended to include CCI as a party to Michigan, and the Pennsylvania litiga­ Cowles to serve such amendments and this proceeding, and to prescribe (a) that tion involving Mutual Readers League, related documents on Central, and that it the burden of proof with respect to Issue Inc., a subsidiary of Cowles Communica­ should have, in any event, served a copy 2e is on Cowles; (b) that the burden of tions, Inc. of its February 26th letter, and related proceeding with the evidence is on CCI 44. It is further ordered, That Cowles documents, on Central. Nevertheless, the and Cowles, insofar as Issue 2e relates Communications, Inc., is made a party fact remains that Cowles did file its infor­ to CCI’s structure, relationship, and ac­ to this proceeding with regard to Issue mal letter reports of February 5 and 26, tivities in connection with its magazine 2(e) ;Nand 1971, respectively, reporting the sub­ subsidiaries, and its broadcast proper­ 45. It is further ordered, That the peti­ stance of this multifarious litigation to ties, and to any mitigating facts which tion of Central Florida Enterprises, Inc., the Commission, and the face of the CCI may deem relevant to this issue; and to add full disclosure, § 1.65, and failure Commission’s designation order re­ (c) that the burden of proceeding with to maintain proper public files issues flects this reported information. Thus, in evidence relating to the facts underlying against Cowles Florida Broadcasting, light of the multifaceted and complex the allegations of the criminal informa­ Inc. (WESH-TV), filed March 29, 1971; issues already in this proceeding, we will tion and companion civil injunction com­ and the motion to strike supplement to not add the issues requested by Central plaints is on Central and the Commis­ Central’s comments on motion to change because they are not warranted, even sion’s Broadcast Bureau. the issue, filed on June 1,1971, by Cowles though the Board cannot commend 41. Accordingly, it is ordered, That the Florida Broadcasting Service, Inc., are Cowles’ method of informing the Com­ petition of Central Florida Enterprises, denied. mission of the multifarious litigation as Inc. to enlarge and modify issues con­ conducive to the orderly and efficient cerning Cowles Communications, Inc.’s Adopted: October 20,1971. conduct of the Commission’s business. subsidiary, Cowles Florida Broadcasting, Released: October 26,1971. Moreover, it is our opinion that Cowles Inc., filed on March 29, 1971, is denied; does not stand alone in this respect, be­ and the Broadcast Bureau’s motion to F ederal C ommunications cause Central’s erroneous references in change issues, filed April 29, 1971, is C o m m is s io n ,22 its petition to substitute issues (para­ granted, to the extent indicated herein, [ s e a l ] B e n F . W a p l e , graph 18) must be viewed in similar and is denied in all other respects; and Secretary. vein. There, for example, Central erron­ 42. It is further ordered, That Issue A p p e n d i x A eously stated that a press release by the (2) e, as specified in the designation or­ der, is corrected and/or amended to read I. (1) Petition to enlarge and modify is­ Department of Justice announced that sues, filed March 29, 1971, by Central Florida the Justice Department had filed a 50- as follows: Enterprises, Inc. (Central). count criminal indictment against CCI. The facts and circumstances (i) sur­ (2) Opposition, filed April 22, 1971, by Surely, in light of Central’s arguments in rounding the criminal information pro­ Cowles Florida Broadcasting, Inc. (Cowles). that petition and its elaborate submis­ ceeding relating to purported mail fraud (3) Comments, filed April 22, 1971, by the sions, such erroneous references as these by five wholly owned P.D.S. magazine Broadcast Bureau. cannot be ascribed to mere typographical subsidiaries of the applicant’s parent (4) Correction to (2), filed May 7, 1971, errors. corporation, Cowles Communications, by Cowles. (5) Reply to (3), filed May 14, 1971, by 39. One further matter remains forInc.,

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21102 NOTICES

Certifi­ Certifi­ cate No. Owner /operator and vessels cate No. Owner/operator and vessels FEDERAL MARITIME COMMISSION 01131__ Choctaw Barge Co.: 02870__ Isthmian Lines, Inc.: EPIROTIKI STEAMSHIP CO. Choctaw. Steel Rover. 01132__ Cape Charles Barge Co.: 02872__ States Marine International, Inc.: Notice of Issuance of Certificate Cape Charles. Aloha State. 01133__ Cape Henry Barge Co.: 02956— Ashland Oil, Inc.: [ Casualty 1 Cape Henry. NDT 103. 01153__ Atlas Levante-Linie G.m.b.H.: UMI 1204. Security for the protection of the pub­ UMI 1206. lic financial responsibility to meet lia­ Pacifico. 01287— Knohr & Burchard Nfi.: SS 2021. bility incurred for death or injury to Lasbek. 02980— Rederi A/S Mimer and A/S passengers or other persons on voyages. 01326— Sabine Towing & Transportation Norf art: Notice is hereby given that the follow­ Co., Inc.: Anja. ing have been issued a Certificate of Fi­ STCO 200. 03090— Malaysia Overseas Lines, Ltd., nancial Responsibility to Meet Liability STCO 201. Liberia: Incurred for Death or Injury to Passen­ STCO 202. Oriental Inventor. gers or Other Persons on Voyages pur­ 01340— Compagnie Auxiliaire de Naviga­ 03314— Gulf Oil Corp.: tion: Gulf Chem I. suant to the provisions of section 2, Pub­ Gulf Chem II. lic Law 89-777 (80 Stat. 1356, 1357) and Bethsabee. 01412— Shipping Developments Corp., 03352__ Eastern Union Marine Corp., Inc.: Federal Maritime Commission General Panama : Eastern Union. Order 20, as amended (46 CFR 540) : Santa Anna. 03413__ Baba-Daiko Shosen K.K.: Narasan Maru. The Epirotiki Steamship Co., George Po­ 01758— Chotin Transportation, Inc. : Chotin 49. 03438— Imura Kisen Kabushiki Kalsha: tami anos S.A., 2, Bouboullnas Str., Piraeus, Kiyo Maru. Greece. J&S 826. J&S 300. 03441— Japan Line, K.K.: Dated: October 28,1971. BBT 977. Nichiwa Maru. Chotin 50. 03503— Shofuku Kisen K.K.: F rancis C. H tjrney, Chotin 989. Kenryn Maru. Secretary. Chotin 990. Daikai Maru. [PR Doc.71-16032 Piled ll-2-71;8:51 am] Chotin 1506. 03519— Toko Shosen K.K.: Chotin 1513. Ganges Maru. Chotin 1780. 03691__ Spentonbush Transport Service, EPIROTIKI STEAMSHIP CO. 01817__ The Clan Line Steamers, Ltd. : Inc.: Clan MacLennan. W. A. Weber. Notice of Issuance of Certificate 01818— Houston Line, Ltd.: 03692— MarmacCorp.: [ Performance 1 ■ Clan MacDougall. M—609. 01875__ Sicula Sakda-Societa di Naviga­ 03841__ American Export Isbrandtsen Security for the protection of the pub­ zione S.p.A. : Lines, Inc.; lic indemnification of passengers for Giovanni Queirolo. Atlantic. nonperformance of transportation. Pugliloa. 03918— Mobil Tankers Co. (Liberia), Ltd.: Notice is hereby given that the follow­ 01876__ Sicula Ligure-Società di Naviga­ - T.B.N. zione S.p.A.: Mobil Pride. ing have been issued a certificate of Mobil Comet. financial responsibility for indemnifica­ Sunprince. 01905__ The Ben Line Steamers, Ltd.: Mobil Japan. tion of passengers for nonperformance Bennachie. Mobil Valiant. of transportation pursuant to the provi­ Mobil Vigilant. 01910— Deutche Dampfschifffahrts-Ge­ sions of section 3, Public Law 89-777 (80 sellschaft “Hansa” : Tasso. Stat. 1357, 1358) and Federal Maritime Geyerfels. 04357—.. Koninklijke Nedlloyd N.V.: Utrecht. Commission General Order 20, as 01935— Interessentskab Mellern Aktiesel- amended (46 CFR Part 540) : skabet Dampskibsselskabet 04407— . Domar, Inc.: Svendborg & Damp ... . Af Z—102. The Epirotiki Steamship Co., George Po- 1912 Aktieselskab : 04437— . LeBeouf Bros. Towing Co., Inc.: tamianos S.A., 2, Bouboulinas Str., Piraeus, Gjertrud Maersk. OC 603. OC 604. Greece. 01981---- Ab Svenska Orient Linien: . Pukucho Suisan K ab u sh ik i Dated: October 28,1971. Thuleland. 04474. 02001__ Rederiaktiebolaget Transatlantic: Kaisha: Francis C. H ürney, Lommaren. Pukucho Maru No. 13. Secretary. Bullaren. 04476— . Katsukura Gyogyo K abu sh ik i 02189— Williams-McWilliams Co., Division Kaisha: [PR Doc.71-16033 Piled ll-2-71;8:51 am] of Paramount Warrior, Inc.: Shoeimaru No. 12. Port Arthur. 04564— . Yamashita-Shinnihon Kisen Kai* Arkansas. sha: CERTIFICA TES OF FINANCIAL Vicksburg. Kotoura Maru. RESPONSIBILITY (OIL POLLUTION) George A. McWilliams. 04637. . McAllister Brothers, Inc. (New Natchez. Y ork): Notice of Certificates Revoked W-701. Triton. 02238— John T. Essberger: Notice of voluntary revocation is Ulanga. 04641—_ American Tug Boat Co.: hereby given with respect to Certificates 02264— Fr. Erich Retzlaff: ATB 99. of Financial Responsibility (Oil Pollu­ Else Retzlaff. 04665—_ Panagos Shipping Co., Ltd.: tion) which has been issued by the Fed­ 02458— The China Navigation Co., Ltd.: * Panagos L. eral Maritime Commission, covering the Anshun. 04841—_ Hydromar Corp. of Delaware: below-indicated vessels, pursuant to Part 02463— H. Peters: Hydro-Atlantic. Hildegard Peters. 04936—_ Alaska Steamship Co.: , 542 of Title 46 CFR and section 11 (p) (1) 02498— Chevron Oil Co.: Fortuna. of the Federal Water Pollution Control Z—112. Chena. Act, as amended. PBI No. 1. Polar Pioneer. 02551— Ellerman Lines, Ltd.: 05241__ Sea Bees B-9, Inc., Owner: Certifi­ City of Exeter. Vito Cirillo. cate No. Owner /operator and vessels City of Durban. Ernst Russ on behalf of Parten- 05302—_ sea Bees T-2, Inc., Owner: 01128 _ Apache Barge Co. : 02621— Cirillo Bros. 162. Apache. reederei M/V Julius Schind­ _ Sea bees B-10, Inc., Owner: 01129 Comanche Barge Co.: ler: 05303— Julius Schindler. Costantino. Comanche. _ Time Lines (Panama), Ltd., S.A.. 02691__ Gulf Navigation Corpn 05438— 01130— Cherokee Barge Co.: Tien Shun. Cherokee. Cathy.

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 NOTICES 21103

Certifi­ sources at the Four Mile Brook area, gen­ (Public Law 91-379, 84 Stat. 799, as cate No. Ownerioperator and vessels erally as shown in exhibit R (FPC No. amended by Public Law 92-15, 85 Stat. 05493__ Vasco-Antillean. Navigation Co., 2485-30), which formed a part of the 38) and Executive Order No. 11615, in­ Ltd.: application, and” so that the sentence Aurrera. cluding such amendments as the Com­ 05520__ Union Carbide Corp.: will read: “The licensees, from these mission may require. monies, shall purchase and make avail­ RC 1401. K enneth F. P lumb, able to the Commonwealth of Massachu­ RC 2005. Secretary. NMS 1202. setts the land needed for the Pauchaug 05591__ Caribbean Charters & Operators, Brook area.” [FR Doc.71-15979 Filed ll-2-71;8:46 am] Ltd.: Any person desiring to be heard or to Copperland. make any protest with reference to said [Docket No. CP66-112 etc.] 05764__ Cerrahogullari Umumi Nakliyat application should on or before Decem­ veTicaret: Turkiye. ber 10, 1971, file with the Federal Power GREAT LAKES GAS TRANSMISSION 05776--- Erich Hanisch : Commission, Washington, D.C. 20426, pe­ CO. Seeadler. titions to intervene or protests in accord­ 05826- - - Y. K. Yasuchiyo Kaiun : ance with the requirements of the Com­ Notice of Petition To Amend Orders Oshlma Maru. mission’s rules of practice and proce­ O ctober 27, 1971. dure (18 CFR 1.8 or 1.10). All protests By the Commission. filed with the Commission will be con­ Take notice that on September 23, 1971, Great Lakes Gas Transmission Co. F rancis C. H tjrney, sidered by it in determining the appro­ Secretary. priate action to be taken but will not (petitioner), 1 Woodward Avenue, De­ troit, MI 48226, filed in Dockets Nos. [PR Doc.71-16034 Piled ll-2-71;8:57 am] serve to make the protestants parties to the proceeding. Persons wishing to be­ CP66-112, CP70-19, CP70-100, and CP71- come parties to a proceeding or to par­ 223, a petition to amend the orders of ticipate as a party in any hearing therein the Commission heretofore issued in said must file petitions to intervene in ac­ dockets pursuant to section 3 of the Nat­ FEDERAL POWER COMMISSION cordance with the Commission’s rules. ural Gas Act, by authorizing an increase [Project No. 2485] The application is on file with the Com­ in the pressure at which petitioner re­ mission and available for public inspec­ ceives gas imported from Canada and CONNECTICUT LIGHT AND POWER tion. delivered by Trans-Canada Pipe Lines, Ltd. (Trans-Canada), all as more fully CO., ET AL. K enneth F. P lumb, • Secretary. set forth in the petition to amend which Notice of Application for Amendment is on file with the Commission and open of License for Partially Constructed [PR Doc.71-15978 Piled ll-2-71;8:46 am] to public inspection. Project By order of June 20, 1967, accompany­ O ctober 27, 1971. [Docket No. RP72-53] ing Opinion No. 521 (37 FPC 1070) in Docket No. CP66—112; the order of Public notice is hereby given that ap­ EAST TENNESSEE NATURAL GAS CO. plication has been filed under the Federal April 30,1970, accompanying Opinion No. Power Act (16 USC 791ar-825r) by The Notice of Proposed Changes in Rates 577 (43 FPC 635) in Docket No. CP70-19; the order of April 30, 1970 (43 FPC 653), Connecticut Light and Power Co., The and Charges Hartford Electric Light Co., and Western in Docket No. CP70-100; and, the order Massachusetts Electric Co. (correspond­ O ctober 27, 1971. of June 1, 1971 (45 FPC------), in Docket ence to: Anthony E. Wallace, president, Take notice that on October 14, 1971, No. CP71-223, authorized petitioner, The Connecticut Light and Power Co.,. East Tennessee Natural Gas Co. (East inter alia, to import natural gas into the Post Office Box 2010, Hartford, CT 06101; Tennessee) tendered for filing proposed United States from Canada. Petitioner Joseph R. McCormick, president, The changes to its FPC Tariff, Sixth Revised purchases said gas from Trans-Canada Hartford Electric Light Co., Post Office Volume No. 1, and requests that such and the gas is delivered at a pressure of Box 2370, Hartford, CT 06101; Robert changes be made effective as of Novem­ 550 p.s.i.g. E. Barett, Jr., president, Western Massa­ ber 14, 1971. The company states that Petitioner states that it has entered chusetts Electric Co., 174 Brush Hill Ave­ the aforementioned changes track the into an agreement with Trans-Canada nue, West Springfield, MA 01089) for $3,519,775 rate increase sought by its whereby the delivery pressure will be amendment of license for partly con­ supplier, Tennessee Gas Pipeline Co. and increased at the Emerson, Manitoba, de­ structed Project No. 2485, known as the results in a 0.27 cent per Mcf increase in livery point from 550 p.s.i.g. to 750 p.s.i.g. Northfield Mountain Pumped Storage the commodity component of all its filed until October 31, 1973. Petitioner states Project, located on the Connecticut rates. that this increase in the delivery pres­ River, Briggs Brook, and Four Mile Any person desiring to be heard or sure will defer until the summer of 1973, Brook in Franklin County, Mass. to make any protest with reference to an estimated capital expenditure of ap­ The application seeks to delete from said application should on or before proximately $4,377,000, for the installa­ the license the requirement for develop­ November 5, 1971, file with the Federal tion of additional compressor facilities. ment of recreation resources in the Four Power Commission, Washington, D.C. When the savings resulting from the Mile Brook area. According to the appli­ 20426, petitions to intervene or protests deferred construction are added to the cation, licensees’ proposal for recrea­ in accordance with the requirements of savings in fuel and operation expense, tional development of the Four Mile the Commission’s rules of practice and Petitioner states, the total savings are iQi?°k area was reJected September 28, procedure (18 CFR 1.8 or 1.10). All pro­ substantially in excess of the cost to 1970 by local citizens of the town of tests filed with the Commission will be petitioner of the compression service Northfield, Mass. In the absence of alter­ considered by it in determining the ap­ rendered by Trans-Canada. Petitioner nate sites in the area, licensees do not propriate action to be taken but will not will pay Trans-Canada at a rate of 0.20 wish to pursue development of the Four serve to make the protestants parties to cent per Mcf for this compression , ® Brook area but desire to expend the proceeding. Persons wishing to be­ service. funds which were to be devoted to the come parties to a proceeding or to par­ Any person desiring to be heard or to *0Ur Mile Brook development on the de­ ticipate as a party in any hearing therein make any protest with reference to said velopment of other recreational re- must file petitions to intervene in accord­ petition to amend should on or before ources. Therefore, the licensees request ance with the Commission’s rules. The November 15, 1971, file with the Federal t"at ^ icle 41 of the license be amended application is on file with the Commis­ Power Commission, Washington, D.C. thft '116 fr°m the second sentence sion and available for public inspection. 20426, a petition to intervene or a pro­ ®re

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21104 NOTICES considered by it in determining the ap­ of Tenneco Inc. (petitioner), Post Office [Docket No. RP72—55] propriate action to be taken but will Box 2511, Houston, TX 77001, filed in COLORADO INTERSTATE GAS CO. not serve to make the protestants parties Docket No. CP70-185 a petition to amend to the proceeding. Any person wishing the order of the Commission issued in Notice of Proposed Change in FPC to become a party to a proceeding or to said docket on June 22, 1970 (43 FPC Gas Tariff participate as a party in any hearing 937), pursuant to section 7(c) of the therein must file a petition to intervene Natural Gas Act, by authorizing reallo­ O ctober 29,1971. in accordance with the Commission’s cation of presently authorized contract Take notice that on October 15, 1971, rules. quantities of natural gas delivered by Colorado Interstate Gas Co. (CIG) K enneth F. P lxtmb, petitioner to Lawrence Gas Co. (Law­ tendered for filing a proposed change in Secretary. rence) , Lynn Gas Co. (Lynn), and North its FPC Gas Tariff providing for an in­ [FR Doc.71-15980 Filed ll-2-71;8:46 am] Shore Gas Co. (North Shore), all as more crease in the rate under Rate Schedule fully set forth in the application to S -l from 26 cents per Mcf to 29.4 cents amend which is on file with the Com­ per Mcf. CIG requests that this tariff [Docket No. RP72-52] mission and open to public inspection. change be considered a minor rate in­ Pursuant to the request of New Eng­ crease under § 154.63(a) (3) of the Com­ MIDWESTERN GAS TRANSMISSION land Electric System (NEES), the parent mission’s regulations under the Natural CO. company of Lawrence, Lynn, and North Gas Act. CIG further requests that since Notice of Proposed Changes in Rates Shore, petitioner proposes to reallocate the proposed Rate Schedule S -l rate is the existing contract quantities of natu­ based on the general service rates which and Charges ral gas available to these three companies are under suspension until January 1, O ctober 27,1971. from applicant, commencing with the 1972, in Docket No. RP72-4 and the un­ Take notice that on October 14, 1971, date of Commission authorization, as derlying cost data is the same in both Midwestern Gas Transmission Co. (Mid­ follows: rate filings, the effective date of the pro­ western) tendered for filing proposed posed S -l change also be suspended until Present Requested January 1, 1972. changes to its FPC Tariff, Second Re­ contract contract vised Volume No. 1, and requests that Company MDQ (Mcf M DQ (M cf) Copies of the proposed tariff changes such changes be made effective as of at 14.73 at 14.73 were served on CIG’s customers and November 14, 1971. The company states p.s.i.a.) p.s.i.a.) interested State commissions. that the aforementioned changes track Any person desiring to be heard or to Lawrence______19,104 18,849 make any protest with reference to said the $3,519,775 rate increase sought by L ynn...... 15,300 16,371 its supplier, Tennessee Gas Pipeline Co. North Shore application should on or before Novem­ and results in a 0.27 cent per Mcf in­ Beverly-Salem...... 14,750 13,934 ber 10,1971 filed with the Federal Power crease in the commodity component of Total__ ;...... 49,154 49,154 Commission, 441G Street NW., Washing­ all its Southern System filed rates. ton, D.C. 20426, petitions to intervene or Any person desiring to be heard or to Applicant states that no increase in protest in accordance with the require­ make any protest with reference to said the contract quantities available to Law­ ments of the Commission’s rules of prac­ application should on or before rence, Lynn, and North Shore from ap­ tice and procedure (18 CFR 1.8 or 1.10). November 5, 1971, file with the Federal plicant will result from providing the All protests filed with the Commission Power Commission, Washington, D.C. requested reallocation. NEES, which pro­ will be considered by it in determining 20426, petitions to intervene or protests vides central direction of fuel supply and the appropriate action to be taken but in accordance with the requirements of peak shaving operations to the three will not serve to make the protestants the Commission’s rules of practice and companies, has advised applicant that parties to the proceeding. Persons wish­ procedure (18 CFR 1.8 or 1.10). All pro­ this reallocation is requested to achieve ing to become parties to a proceeding or tests filed with the Commission will be a balance in the degree day level at which to participate as a party in any hearing considered by it in determining the ap­ said companies utilize onsite peak shav­ therein must file petitions to intervene propriate action to be taken but will not ing. Applicant states that the proposed in accordance with the Commission’s serve to make the protestants parties reallocation can be performed with exist­ rules. The application is on file with the to the proceeding. Persons wishing to be­ ing facilities and without affecting its Commission and available for public come parties to a proceeding or to par­ ability to render authorized natural gas inspection. ticipate as a party in any hearing therein service to other existing customers. Any order or orders issued in these must file petitions to intervene in ac­ Any person desiring to be heard or to proceedings will be subject to the Com­ cordance with the Commission’s rules. mission’s Statement of Policy Imple­ The application is on file with the Com­ make any protest with reference to said menting the Economic Stabilization Act mission and available for public inspec­ petition to amend should on or before of 1970 (Public Law 91-379, 84 Stat. 799, tion. November 15, 1971, file with the Federal as amended by Public Law 92-15,85 Stat. Any order or orders issued in this pro­ Power Commission, Washington, D.C. 38) and Executive Order 11615, includ­ ceeding shall be subject to the Commis­ 20426, a petition to intervene or a protest ing such amendments as the Commission sion’s Statement of Policy Implementing in accordance with the requirements of the Economic Stabilization Act of 1970 may require. the Commission’s rules of practice and K enneth F. P lumb, (Public Law 91-379, 84 Stat. 799, as Secretary. amended by Public Law 92-15, 85 Stat. procedure (18 CFR 1.8 or 1.10) and the 38) and Executive Order No. 11615, in­ regulations under the Natural Gas Act [FR Doc.71-16048 Filed ll-2-71;8:51 am] cluding such amendments as the Com­ (18 CFR 157.10). All protests filed with mission may require. the Commission will be considered by it [Docket Nos. RP71-108, RP71-110] K enneth F. P lumb, in determining the appropriate action to Secretary. be taken but will not serve to make the PANHANDLE EASTERN PIPE LINE CO. [FR Doc.71-15981 Filed ll-2-71;8:46 am] protestants parties to the proceeding. Notice of Filing of Motion for Approval Any person wishing to become a party of Rate Agreement and Revised [Docket No. CP70-185] to a proceeding or to participate as a Tariff Sheets party in any hearing therein must file a O ctober 29, 1971. TENNESSEE GAS PIPELINE CO. petition to intervene in accordance with Take notice that on October 18, 1971. Notice of Application To Amend the Commission’s rules. Panhandle Eastern Pipe Line Co. (Pah* K enneth F. P lumb, handle) filed in Docket Nos. R P71-lw O ctober 27, 1971. Secretary. and RP71-110 a motion for approval oi Take notice that on October 12, 1971, an attached agreement as to rates dated Tennessee Gas Pipeline Co., a division [FR Doc.71-15982 Filed ll-2-71;8:46 am]

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 NOTICES 21105

October 18, 1971, together with a sched­ on or before November 15,1971, file with ule of proposed rates. The agreement as the Federal Power Commission, Wash­ INTERSTATE COMMERCE to rates is stated to be the product of ington, D.C. 20426, a petition to inter­ settlement discussion between Panhan­ vene or a protest in accordance with the dle, the Commission staff, customers of requirements of the Commission’s rules COMMISSION Panhandle and other parties to these of practice and procedure (18 CFR 1.8 NOTICE OF FILING OF MOTOR proceedings. or 1.10). All protests filed with the Com­ CARRIER INTRASTATE APPLICATIONS The rate agreement has been submitted mission will be considered by it in de­ O ctober 29,1971. as a negotiated settlement of these pro­ termining the appropriate action to be ceedings. It provides for a commitment taken but will not serve to make the The following applications for motor by Panhandle to have a newly formed protestants parties to the proceeding. common carrier authority to operate in production affiliate, Pan Eastern Explo­ Any person wishing to become a party intrastate commerce seek concurrent mo­ ration Co., invest $35 million for the to a proceeding or to participate as a tor carrier authorization in interstate exploration and development of new gas party in any hearing therein must file or foreign commerce within the limits reserves plus additional amounts related a petition to intervene in accordance of the intrastate authority sought, pursu­ to discovered recoverable hydrocarbons, with the Commission’s rules. ant to section 206(a) (6) of the Interstate subject however to Commission certifi­ Commerce Act, as amended October 15, Take further notice that, pursuant to 1962. These applications are governed by cation of the project as filed. The rate the authority contained in and subject agreement also includes a Purchased Gas toi the jurisdiction conferred upon the Special Rule 1.245 of the Commission’s rules of practice, published in the F ederal Adjustment provision subject to pending Federal Power Commission by sections 7 rulemaking proceedings, that would have R egister, issue of April 11, 1963, page and 15 of the Natural Gas Act and the 3533, which provides, among other Panhandle revise its rates to reflect in­ Commission’s rules of practice and pro­ creases or decreases in its cost of pirn- cedure, a hearing will be held without things, that protests and requests for in­ chased gas, and flow through any sup­ further notice before the Commission on formation concerning the time and place plier refunds proportionately to juris­ this application if no petition to inter­ of State Commission hearings or other dictional customers. vene is filed within the time required proceedings, any subsequent changes Copies of the rate agreement, the set­ herein, if the Commission on its own therein, any other related matters shall tlement cost of service and a schedule review of the matter finds that a grant be directed to the State Commission with of proposed rates were served on all of of the certificate is required by the pub­ which the application is filed and shall Panhandle’s customers, parties of record, lic convenience and necessity. If a peti­ not be addressed to or filed with the In­ and interested state commissions. tion for leave to intervene is timely filed, terstate Commerce Commission. Comments or objections to the pro­ or if the Commission on its own motion State Docket No. 4354, filed July 27, posed agreement as to rates may be filed believes that a formal hearing is re­ 1971. Applicant: ALLISON-LOGAN with the Federal Power Commission, quired, further notice of such hearing FREIGHT LINES, INC., 106 West High Washington, D.C. 20426, on or before will be duly given. Street, Terrell, TX 75160. Certificate of November 10, 1971. public convenience and necessity sought Under the procedure herein provided to operate a freight service as follows: K enneth F. P lum b, for, unless otherwise advised, it will be Transportation of General commodities, Secretary. unnecessary for applicants to appear or (a) from Emory, Tex., to Lone Oak, [PR Doc.71-16047 Piled ll-2-71;8:51 am] be i epresented at the hearing. Tex., over Highways 69 and 513, to the K enneth F. P lumb, junction of Highways 35 and 47, then to [Docket No. CI72-254] Secretary. the junction of Highways 47 and 80, and [FR Doc.71-16163 Filed 11-2-71; 10:18 am] return over the same route serving all in­ DOUGLAS B. MARSHALL ET AL. termediate points and for the purpose of forming joinder of routes with existing Notice of Application routes; coordinating this service with November 1,1971. OFFICE OF ECONOMIC that rendered under other authority. Ap­ Take notice that on October 29, 1971, plicant seeks corresponding authority to Douglas B. Marshall, et al. (Applicants), conduct operations in interstate or for­ c/o W. H. Drushel, Jr., Esquire, 2100 OPPORTUNITY eign commerce. Both intrastate and in­ First City National Bank Building, APPLICABILITY OF DIRECTIVES terstate authority sought. Houston, Tex. 77002, filed in Docket No. HEARING: Approximately 30 days CI72-254 an application pursuant to sec­ Notice of Issuance of Instruction after publication in the F ederal R egister. tion 7(c) of the Natural Gas Act au­ Notice is hereby given that: Requests for procedural information in­ thorizing the sale for resale and delivery 1. On May 10, 1971, the Office of Eco­ cluding the time for filing protests of natural gas in interstate commerce nomic Opportunity issued OEO Instruc­ concerning this application should be ad­ to Transcontinental Gas Pipe Line Corp. tion 6000-2 entitled “Applicability of dressed to the Texas Railroad Commis­ (Transco) from the South Gibson Area, Directives”. Appendix A to that OEO In­ sion, Austin, Tex. 78711, and should not Terrebonne Parish, La., all as more fully struction lists all OEO Instructions and be directed to the Interstate Commerce set forth in the application which is on Directives applicable as of May 10, 1971, file with the Commission and open to Commission. public inspection. to recipients of assistance under the Eco­ nomic Opportunity Act of 1964, as By the Commission. Applicants propose to sell natural gas amended, if such assistance is adminis­ [ seal] R obert L. O swald, to Transco for a period of 6 months to tered by OEO. Secretary. l year commencing by December 1,1971, 2. OEO Instruction 6000-2, the OEO [FR Doc.71-16017 Filed ll-2-71;8:49 am] within the contemplation of § 2.70 of the Instructions and Directives listed therein, Commission’s General Policy and In­ and all OEO Instructions issued since terpretations (18 CFR 2.70) at the rate May 10, 1971 are available without cost [Notice 30] of 35 cents per Mcf at 15:025 p.s.i.a. The to the class of persons affected thereby MOTOR CARRIER ALTERNATE ROUTE estimated monthly sales volume is from: 1,500,000 Mcf of gas. DEVIATION NOTICES It appears reasonable and consistent OEO Publications and Distribution Center, 5458 Third Street NE., Washington, DC O ctober 29, 1971. with the public interest in this case to 20011. Prescribe a period shorter than 15 days The following letter-notices of pro­ ior the filing of protests and petitions to W esley J. H jornevik, posals to operate over deviation routes ntervene. Therefore, any person desir- Deputy Director. for operating convenience only have been to be heard or to make any protest O ctober 28, 197L filed with the Interstate Commerce Com­ with reference to said application should [FR Doc.71-16002 Filed 11-2-71;8:48 am] mission under the Commission’s Revised

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 No. 212------12 21106 NOTICES

Deviation Rules-Motor Carriers of Pas­ Hammond, Ind., to Chicago, HI., and (2) Pa., thence over Interstate Highway 70 sengers, 1969 (49 CFR 1042.2(c) (9)) and from junction U.S. Highways 6 and 41 to Hancock, Md., thence over U.S. High­ notice thereof to all interested persons and Indiana Highway 152 over Indiana way 40 to junction U.S. Highway 13, is hereby given as provided in such rules Highway 152 to junction Interstate High­ thence over U.S. Highway 13 to junction (49 CFR 1042.2(c)(9)). ways 80 and 94, thence over Interstate U.S. Highway 1 at or near Morrisville, Protests against the use of any pro­ Highways 80 and 94 to junction Inter­ Pa., thence over U.S. Highway 1 to junc­ posed deviation route herein described state Highway 94, thence over Interstate tion U.S. Highway 22 at or near Newark, may be filed with the Interstate Com­ Highway 94 to Chicago, HI., and return N.J., and return over the same route. merce Commission in the manner and over the same routes. form provided in such rules (49 CFR No. MC-1936 (Deviation No. 11), B & P 1042.2(c)(9)) at any time, but will not By the Commission. MOTOR EXPRESS, INC., 720 Gross St., operate to stay commencement of the Pittsburgh, PA 15224, filed September 23* [seal! R obert L. O swald, 1971. Carrier’s representative: Samuel P. proposed operations unless filed within Secretary. 30 days from the date of publication. Delisi, 530 Grant Building, Pittsburgh, Successively filed letter-notices of the [PR Doc.71-16018 Piled ll-2-71;8:49 am} Pa. 15219. Carrier proposes to operate as same carrier under the Commission’s a common carrier, by motor vehicle, of Revised Deviation Rules-Motor Carriers [Notice 34] general commodities, with certain excep­ of Property, 1969, will be numbered con­ tions, over a deviation route as follows: secutively for convenience in identifica­ MOTOR CARRIER ALTERNATE ROUTE From Breezewood, Pa., over Interstate tion and protests, if any, should refer to DEVIATION NOTICES Highway 76 to junction Pennsylvania such letter-notices by number. Highway 75 at or near Willow Hill, Pa., O ctober 29,1971. thence over Pennsylvania Highway 75 M otor Carriers of Passengers The following letter-notices of pro­ to junction U.S. Highway 30 at or near No. MC-1515 (Deviation No. 596) posals to operate over deviation routes Ft. Loudon, Pa., thence over U.S. High­ (Cancels Deviation Nos. 370 and 571), for operating convenience only have way 30 to junction Pennsylvania High­ GREYHOUND LINES, INC. (Eastern Di­ been filed with the Interstate Commerce way 41 at or near Gap, Pa., thence over vision), 1400 West Third Street, Cleve­ Commission under the Commission’s Re­ Pennsylvania Highway 41 to the Penn- land, OH 44113, filed October 15, 1971. vised Deviation Rules-Motor Carriers of sylvania-Delaware State line, thence Carrier proposes to operate as & com­ Property, 1969 (49 CFR 1042.4(d) (11)) over Delaware Highway 41 to Wil­ mon carrier, by motor vehicle, of passen­ and notice thereof to all interested per­ mington, Del., and return over the gers and their "baggage, and express and sons is hereby given as provided in such same route, for operating convenience newspapers in the same vehicle with pas­ rules (49 CFR 1042.4(d) (11)). only. The notice indicates that the sengers, over a deviation route as fol­ Protests against the use of any pro­ carrier is presently authorized to trans­ lows: From junction Interstate Highways posed deviation route herein described port the same commodities, over a perti­ 80 and 94 and U.S. Highway 41 at Ham­ may be filed with the Interstate Com­ nent service route as follows: from mond, Ind., over Interstate Highways 80 merce Commission in the manner and Breezewood, Pa., over Interstate High­ and 94 to junction Interstate Highway form provided in such rules (49 CFR way 70 to Hancock, Md., thence over 65 in East Gary, Ind., thence over Inter­ 1042.4(d) (12)) at any time, but will not U.S. Highway 40 to junction U.S. High­ state Highway 65 to Indianapolis, Ind., operate to stay commencement of the way 13, thence over U.S. Highway 13 to with the following access roads: (1) from proposed operations unless filed within Wilmington, Del., and return over the Gary, Ind., over city streets to the 15th 30 days from the date of publication. same route. Avenue interchange of Interstate High­ Successively filed letter-notices of the way 65, (2) from the interchange of In­ No. MC-29130 (Deviation No. 11), THE same carrier under the Commission’s Re­ ROCK ISLAND MOTOR TRANSIT terstate Highway 90 (Indiana Toll Road) vised Deviation Rules-Motor Carriers of and Interstate Highway 65 over Inter­ COMPANY, 2744 Southeast Market Property, 1969, will be numbered con­ Street, Des Moines, IA 50305, filed Octo­ state Highway 65 to interchange Inter­ secutively for convenience in identifica­ state Highways 80 and 94, (3) from La­ ber 19, 1971. Carrier’s representative: tion and protests, if any, should refer to George M. Mariner, 139 West Van Buren fayette, Ind., over Indiana Highway 43 such letter-notices by number. to junction Interstate Highway 65, (4) Street, Chicago, IL 60605. Carrier pro­ from Lafayette, Ind., over Indiana High­ M otor C arriers of P roperty poses to operate as a common carrier, by motor vehicle, of general commodities, way 26 to junction Interstate Highway No. MC 1936 (Deviation No. 10), 65, (5) from Lebanon, Ind., over U.S. with certain exceptions, over a deviation B & P MOTOR EXPRESS, INC., 720 route as follows: From Kansas City, Highway 52 to junction Interstate High­ Gross Street, Pittsburgh, PA 15224, filed way 65, and (6) from Lebanon, Ind., over Kans., over Interstate Highway 35 to September 23, 1971. Carrier’s-represen­ Ottawa, Kans., thence over U.S. Highway Indiana Highway 39 to junction Inter­ tative: Samuel P. Delisi, 530 Grant state Highway 65, and return over the 50 to Florence, Kans., and return over the Building, Pittsburgh, Pa. 15219. Carrier same route, for operating convenience same route, for operating convenience proposes to operate as a common carrier, only. The notice indicates that the car­ only. The notice indicates that the car­ by motor vehicle, of general commodi­ rier is presently authorized to transport rier is presently authorized to transport ties, with certain exceptions, over devia­ passengers and the same property, over tion routes as follows: (1) FromGreens- the same commodities, over pertinent pertinent service routes as follows: (1) burg, Pa., over U.S. Highway 119 to service routes as follows: (1) From Kan­ From Rushville, Ind., over U.S. Highway junction U.S. Highway 22, thence over sas City, Mo., over U.S. Highway 24 to 52 via Lebanon, Ind., to Lafayette, Ind., U.S. Highway 22 to junction U.S. High­ Topeka, Kans., (2) from Wichita, Kans., thence over U.S. Highway 52 via Temple­ way 1 at or near Newark, N.J., and (2) over U.S. Highway 81 to Newton, Kans., ton, Ind., to Atkinson, Ind., thence over from Greensburg, Pa., over U.S. High­ thence over U.S. Highway 50 to junction U.S. Highway 52 to Kentland, Ind., way 119 to junction U.S. Highway 22, U.S. Highway 77, thence over U.S. High­ thence over U.S. Highway 41 to junc­ thence over U.S. Highway 22 to junction way 77 to junction U.S. Highway 56 ap­ tion unnumbered highway, 2 miles south Interstate Highway 81, at or near Harris­ proximately 3 miles east of Marion, of Morocco, Ind., thence over unnum­ burg, Pa., thence over Interstate High­ Kans., and (3) from St. Joseph, Mo., over bered highway via Morocco to junc­ way 81 to junction Interstate Highway U.S. Highway 36 to Troy, Kans., thence tion U.S. Highway 41, 0.5 mile north 78, thence over Interstate Highway 78 over Kansas Highway 7 to junction Kan­ of Morocco, thence over U.S. Highway 41 to junction U.S. Highway 1 at or near sas Highway 20, thence over Kansas to junction unnumbered highway ap­ Newark, N.J., and return over the same Highway 20 to junction U.S. Highway 73, proximately 1 mile south of Lake Vil­ routes, for operating convenience only. thence over U.S. Highway 73 to Horton, lage, Ind., thence over unnumbered The notice indicates that the carrier is Kans., thence over U.S. Highway 159 to highway via Lake Village, Ind., to junc­ presently authorized to transport the junction Kansas Highway 9, thence over tion U.S. Highway 41, approximately I same commodities, over a pertinent serv­ Kansas Highway 9 to junction U.S. High­ mile north of Lake Village, Ind., thence ice route as follows: from Greensburg, way 75, thence over U.S. Highway 75 to over U.S. Highway 41 via Cook and Pa., over U.S. Highway 30 to Breezewood, Topeka, Kans., thence over U.S. Highway

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 NOTICES 21107

40 to junction Kansas Highway 99, north of Larkspur, Colo.), (2) from Los and return over the same route, for op­ thence over Kansas Highway 99 to junc­ Angeles, Calif., over U.S. Highway 99 to erating convenience only. The notice tion Kansas Highway 4, thence over Colton, Calif., thence over connecting indicates that the carrier is presently Kansas Highway 4 to junction U.S. highways to San Bernardino, Calif., and authorized to transport the same com­ Highway 77, thence over U.S. Highway 77 (3) from Colton, Calif., over U.S. High­ modities, over pertinent service routes as to Herington, Kans., thence over U.S. way 99 to Indio, Calif., thence over U.S. follows: (1) From Toledo, Ohio, over U.S. Highway 56 to McPherson, Kans., thence Highway 60 to Wickenburg, Ariz., thence Highway 25 to Detroit, Mich., thence over over Kansas Highway 61 to Hutchinson, over U.S. Highway 89 to Ashfork, Ariz., U.S. Highway 12 (formerly U.S. Highway Kans., and return over the same routes. and return over the same routes. 112) to Niles, Mich., (2) from Chicago, No. MC-43421 (Deviation No. 30), No. MC-52310 (Deviation No. 3), HI., over U.S. Highway 20 to junction DOHRN TRANSFER COMPANY, Post BRUCE MOTOR FREIGHT, INC., 3920 Indiana Highway 15, thence over Indiana Office Box 1237, Rock Island, IL 61202, Delaware, Des Moines, IA 50303, filed Highway 15 to the Indiana-Michigan filed September 22, 1971. Carrier’s rep­ October 15,1971. Carrier proposes to op­ State line, thence over Michigan High­ resentative: Edward G. Bazelon, 39 erate as a common carrier, by motor vehi­ way 103 to junction U.S. Highway 131, South La Salle Street, Chicago, IL 60603. cle, of general commodities, with certain thence over U.S. Highway 131 to Kala­ Carrier proposes to operate as a com­ exceptions, over deviation routes as fol­ mazoo, Mich., and (3) from South Bend, mon carrier, by motor vehicle, of gen­ lows: (1) From junction Iowa Highway Ind., over U.S. Highway 33 to junction eral commodities, with certain excep­ 92 and Iowa Highway 21 over Iowa High­ U.S. Highway 6, thence over U.S. High­ tions, over a deviation route as follows: way 21 to junction Interstate Highway way 6 to Waterloo, Ind., thence over U.S. Prom Chicago, 111., over U.S. Highway 41 80, thence over Interstate Highway 80 to Highway 27 to Auburn, Ind., and return to junction U.S, Highway 30, thence junction Iowa Highway 149, (2) from over the same routes. over U.S. Highway 30 via Fort Wayne, junction U.S. Highway 63 and Iowa High­ No. MC-69833 (Deviation No. 23), Ind., to junction U.S. Highway 24, thence way 149 over Iowa Highway 149 to junc­ ASSOCIATED TRUCK LINES, INC., over U.S. Highway 24 to junction In­ tion Iowa Highway 78, thence over Iowa Vandenberg Center, Grand Rapids, Mich. terstate Highway 75, thence over Inter­ Highway 78 to junction U.S. Highway 218, 49502, filed October 19,1971. Carrier pro­ state Highway 75 to Detroit, Mich., and thence over U.S. Highway 218 to Mount poses to operate as a common carrier, by return over the same route, for operat­ Pleasant, Iowa, and (3) from Center­ motor vehicle, of general commodities, ing convenience only. The notice indi­ ville, Iowa, over Iowa Highway 5 to the with certain exceptions, over a deviation cates that the carrier is presently au­ Iowa-Missouri State line, thence over route as follows: Between Mishawaka, thorized to transport the same commodi­ Missouri Highway 5 to junction U.S. Ind., and Bourbon, Ind., over Indiana ties, over a pertinent service route as Highway 136, thence over U.S. Highway Highway 331, for operating convenience follows: From Chicago, HI., over U.S. 136 to junction U.S. Highway 63, and only. The notice indicates that the car­ Highway 12 (portion formerly U.S. High­ return over the same routes, for operat­ rier is presently authorized to transport way 112) to Detroit, Mich., and return ing convenience only. The notice indi­ the same commodities over pertinent over the same route: cates that the carrier is presently au­ service routes as follows: (1) from No. MC-48958 (Deviation No. 31), thorized to transport the same commod­ Goshen, Ind., over U.S. Highway 33 via ILLINOIS-CALIFORNIA E X P R E S S , ities, over pertinent service routes as Elkhart to South Bend, Ind., (2) from INC., Post Office Box 9050, Amarillo, TX follows: (1) from Cedar Rapids, Iowa, South Bend, Ind., over U.S. Highway 31 79105, filed October 15, 1971. Carrier’s over Iowa Highway 149 to junction U.S. to Plymouth, Ind., and (3) from Colum­ representative: Morris G. Cobb, same ad­ Highway 63, thence over U.S. Highway bus, Ohio, over Ohio Highway 31 to dress as applicant. Carrier proposes to 63 to Ottumwa, Iowa, (2) from Sigourney, Kenton, Ohio, thence over U.S. Highway operate as a common carrier, by motor Iowa, over Iowa Highway 92 to Oskaloosa, 30S to Delphos, Ohio, thence over U.S. vehicle, of general commodities, with Iowa, (3) from Des Moines, Iowa, over Highway 30 to junction Illinois Highway certain exceptions, over a deviation route Iowa Highway 163 to Oskaloosa, Iowa, 42A, thence over Illinois Highway 42A to as follows: From Los Angeles, Calif.; thence over U.S. Highway 63 to Ottumwa, Chicago, HI., and return over the same over Interstate Highway 10 to junction Iowa, thence over U.S. Highway 34 to routes. Mount Pleasant, Iowa, thence over U.S. Interstate Highway 15, thence over In­ No. MC-103435 (Deviation No. 20), terstate Highway 15 (U.S. Highways 66 Highway 218 to junction U.S. Highway 61, thence over U.S. Highway 61 to UNITED-BUCKINGHAM FREIGH T and 91) to junction Interstate Highway LINES, Post Office Box 1631, Rapid City, 70 (Utah Highway 4) at or near Cove Wentzville, Mo., thence over Interstate Highway 70 (formerly By-Pass U.S. SD 57701, filed October 15,1971. Carrier’s Pork, Utah, thence over Interstate High­ representative: J. Maurice Andren, same way 70 (Utah Highway 4 and U.S. High­ Highway 40 and Alternate U.S. Highway 40) to St. Louis, Mo., (4) from Des address as applicant. Carrier proposes to way 89) to Green River, Utah, thence operate as a common carrier, by motor over U.S. Highway 6 (Interstate High­ Moines, Iowa, over the route described in (3) above to Ottumwa, Iowa, thence over vehicle, of general commodities, with cer­ way 70) to Idaho Springs, Colo., thence tain exceptions, over deviation routes as over U.S. Highway 40 (Interstate High­ U.S. Highway 63 to Columbia, Mo., thence over U.S. Highway 40 (Interstate High­ follows: (1) from Rapid City, S. Dak., way 70) to Denver, Colo., and return over Interstate Highway 90 to Gillette, over the same route, for operating con­ way 70) to junction Interstate Highway 70 (formerly By-Pass U.S. Highway 40 Wyo., and (2) from Gillette, Wyo., over venience only. The notice indicates that Interstate Highway 90 to Sheridan, Wyo., pne carrier is presently authorized to and Alternate U.S. Highway 40), thence over Interstate Highway 70 to St. Louis, and return over the same routes, for op­ transport the same commodities, over erating convenience only. The notice in­ Périment service routes as follows: (1) Mo., (5) from Leon, Iowa, over Iowa Highway 2 via Corydon, Iowa, to Center­ dicates that the carrier is presently rrom Los Angeles, Calif., over U.S. High­ authorized to transport the same com­ way 66 via San Bernardino, Calif., to ville, Iowa, and (6) from Centerville, Iowa, over Iowa Highway 2 to junction modities, over pertinent service routes as Albuquerque, N. Mex., thence over U.S. follows: (1) From Rapid City, S. Dak., ffig h w a y 85 to Denver, Colo, (also from U.S. Highway 63, and return over the same routes. over U.S. Highway 14 to Sturgis, S. Dak., ? ,S’ HiShway 85 and unnum- (2) from Sturgis, S. Dak., over Alternate w « highway 3 miles south of Green- No. MC-69833 (Deviation No. 22), AS­ U.S. Highway 14 to Deadwood, S. Dak., rL.Col°-’ over unnumbered highway SOCIATED TRUCK LINES, INC., Van- (3) from Deadwood, S. Dak., over U.S. Win.^row’ Colo., thence over Colorado denberg Center, Grand Rapids, Mich. Highway 85 to Spearfish, S. Dak., (4) rSrthf JJL510 junction U.S. Highway 85 49502, filed October 19,1971. Carrier pro­ from Sturgis, S. Dak., over South Dakota Kiffvil °f 9row; also fr°m junction U.S. poses to operate as a common carrier, by Highway 34 to junction U.S. Highway 85 1a“ 1 Colorado Highway 105 motor vehicle, of general commodities, (2 miles south of Belle Fourche, S. Dak.), ^nxim ately one-half mile south of with certain exceptions, over a deviation thence over U.S. Highway 85 to Spear­ wav1????’ £0l°” over Colorado High- route as follows: From Sturgis, Mich., fish, S. Dak., (5) from Spearfish, S. Dak., cSL1®? to Palmer Hake, Colo., thence over Michigan Highway 78 to the Michi- over U.S. Highway 14 to Moorcroft, Wyo., lorado Highway 393 to junction U.S. gan-Indiana State line, thence over (6) from Rapid City, S. Dak., over South ghway 85 approximately 1 y2 miles Indiana Highway 9 to LaGrange, Ind., Dakota Highway 79 to Hermosa, S. Dak.,

FEDERAL REGISTER, VOL. 36, NO. 212-—WEDNESDAY, NOVEMBER 3, 1971 21108 NOTICES

(7) from Hermosa, S. Dak., over South cant, in interstate or foreign commerce, hand, and, on the other, Chicago, HI., Dakota Highway 36 to junction Alternate as a common carrier, by motor vehicle, and points in Will, Kankakee, Cook, Ken­ U.S. Highway 16, (8) from junction over irregular routes, (1) of commodities dall, Kane, Du Page, Lake, and McHenry South Dakota Highway 36 and Alternate which, because of their size or weight re­ Counties, 111., and points in Lake and U.S. Highway 16 over Alternate U.S. quire the use of special equipment, (2) of Porter Counties, Ind. Since it is possible Highway 16 to Custer, S. Dak., (9) from self-propelled articles, each weighing that other parties who have relied upon Rapid City, S. Dak., over U.S. Highway 15,000 pounds or more (restricted to the notice in the Federal R egister of the 16 to Sheridan, Wyo., and (10) from commodities which are transported on application as published may have an junction unnumbered highway and U.S. trailers), and (3) of related machinery, interest in and would be prejudiced by Highway 14 (west of Spotted Horse, tools, parts, and supplies moving in con­ the lack of proper notice of the service Wyo.) over U.S. Highway 14 to Sheridan, nection with the commodities described authorized with respect to points in New Wyo., and return over the same routes. in (2), between points in that part of Castle County, Del.,' a notice of the Ohio on and south of U.S. Highway 70 authority actually granted will be pub­ No. MC-111383 (Deviation No. 13), and on and west of U.S. Highway 75, and lished in the F ederal R egister and issu­ BRASWELL MOTOR FREIGHT LINES, points in Indiana and Kentucky within ance of the certificate in this proceeding INC., Post Office Box 4447, Dallas, TX 25 miles of Cincinnati, Ohio, on the one will be withheld for a period of 30 days 75208, filed October 4,1971. Carrier’s rep­ hand, and, on the other, those in Indi­ from the date of such publication, during resentative: Ronald R. Slaughter, same ana, Illinois, Missouri, Michigan, Penn­ which period any proper party in interest address as applicant. Carrier proposes sylvania, New York, Ohio, Kentucky, and may file an appropriate petition for leave to operate as a common carrier, by motor West Virginia. The Board further finds to intervene in the proceeding setting vehicle, of general commodities, with cer­ that an appropriate certificate should be forth in detail the precise manner in tain exceptions, over a deviation route issued, subject to the prior receipt from which it has been prejudiced. as follows: From Opelika, Ala., over Ala­ applicant of a written request for can­ bama Highway 169 to Crawford, Ala., No. MC 128381 (Sub-No. 3) (Republi­ cellation of its certificate No. MC-51018 cation) , filed November 4,1970, published thence over U.S. Highway 80 to Colum­ (Sub-No. 5), dated October 20, 1967, and bus, Ga., and return over the same route, in-the Federal R egister, issue of Decem­ of certificate No. MC-51018 (Sub-No. 6), ber 3, 1970, and republished this issue. for operating convenience only. The no­ dated November 24, 1964. Because it is tice indicates that the carrier is presently Applicant: BLUE EAGLE TRUCK possible that other persons, who have LINES, INC., Post Office Box 446, Box authorized to transport the same com­ relied upon the notice of the application modities, over a pertinent service route 183, Highland Park, IL 60035. Appli­ as published, may have an interest in cant’s representative: Stephen L. Jen­ as follows: between Opelika, Ala., and and would be prejudiced by the lack of Columbus, Ga., over U.S. Highway 280. nings, 111 West Jackson Boulevard, Chi­ proper notice of the authority described cago, IL 60604. A report and order of the By the Commission. in the findings of this report, a notice of Commission, Review Board No. 2, decided the authority actually granted will be [seal] R obert L. O swald, September 30, 1971, and served Octo­ published in the F ederal R egister and Secretary. ber 22, 1971, finds that operation by ap­ issuance of a certificate in this proceed­ plicant, in interstate or foreign com­ [FR Doc.71-16019 Filed 11-2-71:8:49 am] ing will be withheld for a period of 30 merce, as a contract carrier by motor days from the date of such publication, vehicle, over irregular routes, of fire­ during which period any proper party in [Notice 87] fighting equipment and parts, and equip­ interest may file a petition to reopen or ment, materials, and supplies used in the MOTOR CARRIER APPLICATIONS AND for other appropriate relief setting forth manufacture, installation, and repair CERTAIN OTHER PROCEEDINGS in detail the precise manner in which it thereof (except commodities in bulk and has been so prejudiced. except commodities which, because of size O ctober 29,1971. No. MC 70083 (Sub-No. 16) (Republi­ or weight, require the use of special The following publications are gov­ cation) , filed January 26,1970, published equipment), (1) from Northbrook, HI., to erned by the new Special Rule 1.247 of the in the Federal R egister issue of August 6, Atlanta, Ga.; and (2) from Northbrook, Commission’s rules of practice, published 1970, and republished this issue. Appli­ HI., and Atlanta, Ga., to Miami and Fort in the F ederal R egister, issue of Decem­ cant: DRAKE MOTOR LINES, INC., 20 Lauderdale, Fla., under a continuing ber 3, 1963, which became effective Jan­ Olney Avenue, Cherry Hill, NJ 08034. contract or contracts with General Fire uary 1,1964. Applicant's representative: Herbert Burr Extinguisher Corp., of Northbrook, HI.; The publications hereinafter set forth stein, 30 Church Street, New York, NY because it is possible that other persons, reflect the scope of the applications as 10007. An order of the Commission, Di­ who may have an interest in and would filed by applicant, and may include de­ vision 1, Acting as an Appellate Division, be prejudiced by the lack of proper no­ scriptions, restrictions, or limitations dated 13 October 1971, and served Octo­ tice of the authority described in the which are not in a form acceptable to ber 27, 1971, finds, upon consideration findings of this report, a notice of the the Commission. Authority which ulti­ of the record in this proceeding; that the authority actually granted wfil be pub­ mately may be granted as a result of present and future public convenience lished in the F ederal R egister and issu­ the applications here noticed will not and necessity require operation by appli­ ance of a certificate in this proceeding necessarily reflect the phraseology set cant, in interstate or foreign commerce, will be withheld for a period of 30 days forth in the application as filed, but also as a common carrier, by motor vehicle, from the date of such publication, during will elimate any restrictions which are over irregular routes, of general com­ which period any proper party in interest not acceptable to the Commission. modities (except explosives and inflam­ may file a petition to reopen or for other mable commodities), moving on a appropriate relief setting forth in detail M otor Carriers of P roperty through air bill of lading of direct air the precise manner in which it has been No. MC-51018 (Sub-No. 8) (Republica­ carriers or air freight forwarders be­ so prejudiced. tion) , filed August 5, 1970, published in tween New York, N.Y., and points in N otice of F iling of Petitions the F ederal R egister issues of Septem­ Nassau, Suffolk, Westchester, and Rock­ ber 3, 1970, and September 17, 1970, and land Counties, N.Y.; Newark, N.J., and No. MC 134153 (Sub-No. 1) (Notice of republished this issue. Applicant: THE points in Hunterdon, Mercer, Middlesex, Filing of Petition for Issuance of a De- BESL TRANSFER COMPANY, a corpo­ Burlington, Camden, Gloucester, Salem, claratory Order for Modification of Per­ ration, 5550 East Avenue, Cincinnati, OH Monmouth, Somerset, Morris, Passaic, mit) , filed September 20,1971. Petitioner: 45232. Applicant’s representative: A. Bergen, Essex, and Union Counties, NJ.; JOSEPH O. DICKERSON, JR., ANH Alvis Layne, 915 Pennsylvania Building, Philadelphia, Pa., points in Bucks, Mont­ JOSEPH O. DICKERSON, SR., a part­ Washington, D.C. 20004. A report and gomery, Chester, and Deleware Counties, nership, doing business as D & D TRANS­ order of the Commission, Review Board Pa.; New Castle County, Del.; points in PORTATION COMPANY, 1415 P»rK No. 2, decided September 30, 1971, and Fairfield County, Conn.; Boston, Mass., Boulevard, Camden, NJ 08103. Peti­ served October 22, 1971, finds; that the and points in Middlesex, Plymouth, Essex, tioner’s representative: Robert D. Stair, present and future public convenience Bristol, Suffolk, and Norfolk Counties, Sr., 2122 Meeting House Road, Cinna- and necessity require operation by appli­ Mass.; and Providence, R.I., on the one minson, NJ 08077. By petition filed as

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 NOTICES 21109

indicated above, petitioner states it was Blackstone, VA 23824. Applicant’s repre­ INC.—MERGE—I & S TRAILWAYS, granted authority as a motor contract sentative: John C. Goddin, 200 West INC., doing business as INDIANAPOLIS carrier in Docket No. MC 134153 Sub 1. Grace Street, Richmond, VA 23220. & SOUTHEASTERN TRAILWAYS), A permit has been subsequently issued by Note: The purpose of this partial re­ published in the October 20, 1971, issue the Commission on October 7, 1971, and publication is to reflect under section of the F ederal R egister on.page 20323, the service authorized therein reads as (b) that no intermediate points are to be should be modified to show SOUTH­ follows: “Irregular routes: Steel articles, served, in lieu of all, erroneously shown EASTERN TRAILWAYS, INC., formerly from Philadelphia, Pa., to points in Con­ in previous publication. The rest of the WESSON COMPANY is authorized to necticut, Delaware, Maine, Maryland, application remains the same. operate as a common carrier in Indiana Massachusetts, New Hampshire, New No. MC 98913 (Sub-No. 3), filed and Kentucky. Note: Pursuant to IM - Jersey, New York, Pennsylvania, Rhode 141-D Order dated October 12, 1971 in Island, Vermont, Virginia, and the Dis­ October 1, 1971. Applicant: J. B. REED MOTOR EXPRESS, INC., 712 North No. MC-54591 Subs 4, 5, and 6, the Com­ trict of Columbia, with no transportation mission’s records were amended to re­ for compensation on return except as Farnsworth Avenue, Aurora, IL 60507. Applicant’s representative: Charles H. flect applicant’s corporate name as otherwise authorized. Restriction: The SOUTHEASTERN TRAILWAYS, INC. operations authorized herein aré limited Atwell, 403 West Galena Boulevard, to a transportation service to be per­ Aurora, IL 60506. Authority sought to No. MC-F-11354. Authority sought for formed, under a continuing contract, or operate as a common carrier, by motor control and lease by F-B TRUCK LINE contracts, with Bayou, Ltd., of Penn- vehicle, over irregular routes, transport­ COMPANY, 1891 West 2100 South, Salt sauken, N.J.” By the instant petition, ing: General commodities (except those Lake City, Utah 84119, of BOAT TRAN­ petitioner requests that a Declaratory of unusual value, classes A and B ex­ SIT, INC., 1343 Logan Avenue, Costa Order be issued by the Interstate Com­ plosives, household goods as defined by Mesa, CA, and for acquisition by MER­ merce Commission, finding that the re­ the Commission, commodities in bulk, LIN J. NORTON, also of Salt Lake City, strictive portion of the said permit, which and those requiring special equipment), Utah 84119, of control and lease of reads: “Irregular routes: Steel articles, between points in Illinois on and within BOAT TRANSIT, INC., through the ac­ from Philadelphia, Pa., * * * under a the following boundaries: From the Illi­ quisition by F-B TRUCK LINE COM­ continuing contract or contracts with nois-Indiana State line in a westerly PANY. Applicants’ attorney: Earl H. Bayou, Ltd., of Pennsauken, N.J.,” is un­ direction along Illinois Highway 17 to its Schudder, Jr., Post Office Box 82028, duly prejudicial and discriminatory to junction with Illinois Highway 23, Lincoln, NE 68501. Operating rights petitioner, by being restricted to trans­ thence along Illinois Highway 23 in a sought to be controlled and leased: Boats portation for only one shipper. northerly direction to its junction with and "boat parts, supplies, and equipment, Petitioner further indicates that while U.S. Highway 6 at Ottawa, thence in a as a common carrier over irregular the above permanent authority (now is­ westerly direction along U.S. Highway 6 routes, (1) between points in Michigan, sued and corresponding to its previously to its junction with U.S. Highway 51 at Ohio, Illinois, Indiana, New York, Penn­ held authority in MC 134153 TA), which Peru, thence in a northerly direction sylvania, Delaware, New Jersey, West presently held permanent authority cov­ along U.S. Highway 51 to its junction Virginia, Wisconsin, Kentucky, Virginia, ers steel articles from Philadelphia, Pa., with Illinois Highway 173 at or near and the District of Columbia, (2) be­ and points in 12 eastern States and the Rockford, HI., thence along Illinois High­ tween points in Alabama, Arkansas, District of Columbia, it is all for the ac­ way 173 in an easterly direction to Zion, Connecticut, Florida, Georgia, Iowa, count of Bayou, Ltd., of Pennsauken. Pe­ thence along the western shore of Lake Kansas, Maine, Maryland, Massachu­ titioner states that while the authority Michigan to the Illinois-Indiana State setts, Minnesota, Missouri, New Hamp­ would appear to be adequate, no healthy line, thence along the Illinois-Indiana shire, North Carolina, Oklahoma, Rhode profit picture has been shown on the State line to the point of beginning. Island, South Carolina, Tennessee, and partnership books due to strikes in the Note: Applicant indicates it does not Vermont, between points in (2) on the steel industry and lack of steel to trans­ intend to tack although it holds au­ one hand, and, on the other, points in port over the months. Petitioner further thority in its Sub-No. 1, wherein the (1), (3) between points in Arizona, states that one of the steel shippers who authority sought herein could be tacked. California, Colorado, Idaho, Louisiana, has approached petitioner is Precision Applicant states that revocation of its Mississippi, Montana, Nebraska, Nevada, Dawn Steel Co., the parent company of Sub-No. 1 is agreeable if authority here­ New Mexico, North Dakota, Oregon, which Bayou is a division. Petitioner be­ in is granted. This application is a mat­ South Dakota, Texas, Utah, Washington, lieves that elimination of the restriction ter directly* related to MC-F-11290, and Wyoming, between points in (3) on in its permit would enable it to serve said published in the F ederal R egister issue the one hand, and, on the other, points in parent company and its subsidiaries. Pe­ of September 9, 1971. The instant appli­ (1) and (2); fiberglass bathtubs and titioner believes that the restriction cation seeks to convert the certificate of shower bathstalls, from Santa Ana, should be eliminated in the interests of registration now held by applicant in Calif., to points in North Dakota, South better conformance to the National No. MC 98913 (Sub-No. 2), which is in­ Dakota, Nebraska, Kansas, Oklahoma, Transportation Policy, or, in the alterna­ volved in an application for control by and Texas, and points in the United tive, allow petitioner to make contracts Gordons Transports, Inc., under MC- States east thereof; fiberglass roving, with other shippers of steel articles hav­ F-11290 into a certificate of Public con­ from Anderson, S.C., to Santa Ana, ing need of its services. Any interested venience and necessity. If a hearing is Calif.; prefabricated wall panels, from person desiring to participate may file deemed necessary, applicant requests it the plantsite of Plywood Fabricators, an original and six copies of his written be held at Chicago, 111., Memphis, Tenn., Inc., in Mendocino County, Calif., to representations, views, or arguments, in or Washington, D.C. points in Maryland; synthetic yarn, from support of, or against the petition within A pplications Under S ections the plantsite and storage facilities of 30 days from the date of this publica­ 5 and 210a(b) Boaz Spinning Co., Inc., at or near Boaz tion in the Federal R egister. and Guntersville, Ala'., to points in The following applications are gov­ Applications for Certificates or Per-' California. F-B TRUCK LINE COM­ erned by the Interstate Commerce Com­ PANY is authorized to operate as a com­ mits W hich A re T o B e P rocessed Con­ mission’s special rules governing notice currently W ith A pplications Under mon carrier in Idaho, Utah, Montana, of filing of applications by motor car­ California, Oregon, and Washington. Section 5 G overned by S pecial R ule riers of property or passengers under 240 to the Extent A pplicable Application has been filed for temporary sections 5(a) and 210a(b) of the Inter­ authority under section 210a(b). No. MC 89805 (Sub-No. 3) (Correc- state Commerce Act and certain other No. MC-F-11353. Authority sought for fited September 17,1971, published proceedings with respect thereto. (49 in the Federal R egister issue of Octo- purchase by ALLIED VAN LINES, INC., Der 6, 1971, corrected in part, and re­ CFR 1.240.) 25th Avenue, and Roosevelt Road, published as corrected, this issue. Appli­ MOTOR CARRIERS OF PROPERTY Broadview, IL, Mail: Post Office Box cant: JAMES RIVER BUS LINES, a 4403, Chicago, IL 60680, of the operating No. MC-F-11341. (Correction) rights of CONTINENTAL VAN LINES, corporation, 310 North Main Street, (SOUTHEASTERN TR.ATT.WAYS, INC., 4501 West Marginal Way, Mail:

/ FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3. 1971 21110 NOTICES Post Office Box 3963, Seattle, WA 98124. By the Commission. ing: Potash, in bulk, from the plantsite of Kaiser Chemicals, near Wendover, Applicants’ attorneys: Patrick H. Smyth [ seal] R obert L. O swald, and Charles M. Walters, both of, Mail: Secretary. Utah, to the plantsite of U.S. Steel Agri- Chemicals at Filer, Fischer, Hansen, Post Office Box 4403, Chicago, IL 60680. [PR Doc.71-16020 Filed 11-2-71:8:50 ami Operating rights sought to be trans­ Mitchell, Paul, Shelley, Rexburg, Wilder, ferred: Household goods as defined by [Notice 3881 and Nampa, Idaho, and, Claude, Oreg„ the Commission, as a common carrier and the plantsites of Simplot Soilbuilders over irregular routes, between points in MOTOR CARRIER TEMPORARY at American Falls and Blackfoot, Idaho, Alaska, except those east of an imagi­ AUTHORITY APPLICATIONS for 180 days. Supporting shipper: Kaiser Chemicals, Division of Kaiser Aluminum nary line constituting a southward ex­ O ctober 28, 1971. tension of the United States-Canada & Chemical Corp., Kaiser Center, 300 The following are notices of filing of Lakeside Drive, Oakland, CA 94604 (Post boundary line (Alaska-Yukon Terri­ applications for temporary authority tory) ; household goods as defined by the Office Box 2099) (R. L. Weber, traffic under section 210a(a) of the Interstate manager). Send protests to: John T. Commission, new furniture, uncrated, Commerce Act provided for under the and office fixtures, uncrated, between Se­ Vaughan, District Supervisor, Bureau of new rules of Ex Parte No. MC-67 (49 Operations, Interstate Commerce Com­ attle, Wash., and points in that part of CFR Part 1131), published in the F ed­ Alaska lying south and east of the United mission, 5239 Federal Building, Salt Lake eral R egister, issue of April 27, 1965, City, Utah 84111. States-Canada boundary line located at effective July 1, 1965. These rules or near Haines, Alaska. Vendee is au­ provide that protests to the granting No. MC 124679 (Sub-No. 44 TA), filed thorized to operate as a common carrier of an application must be filed with October 18, 1971. Applicant: C. R. ENG­ in all States in the United States except the field official named in the F ed­ LAND & SONS, INC., 975 West 2100 Alaska and Hawaii. Application has not eral R egister publication, within 15 cal­ South Street, Salt Lake City, UT 84119. been filed for temporary authority under endar days after the date of notice of Authority sought to operate as a common section 210a(b). the filing of the application is published carrier, by motor vehicle, over irregular routes, transporting: Aluminum sheets No. MC-F-11351. Authority sought for in the F ederal R egister. One copy of continuance in control by JAMES D. such protests must be served on the ap­ with plastic impregnation, from Salt PIRNIE, Post Office Box 1665, Grand plicant, or its authorized representative, Lake City, Utah, to points in the con­ Island, NE 68801, of GRAND ISLAND if any, and the protests must certify that tinental United States, for 180 days. Sup­ such service has been made. The protests porting shipper: Dyna-Flex Corp., 2300 MOVING & STORAGE CO., INC., also of South 3600 West Street, Salt Lake City, Grand Island, Nebr. 68801. Applicants’ must be specific as to the service which such protestant can and will offer, and UT 84120 (Richard D. Bunker, vice pres­ attorney: Gailyn L. Larsen, 521 South ident). Send protests to: John T. 14th Street, Post Office Box 80806, Lin­ must consist of a signed original and six copies. Vaughan, District Supervisor, Interstate coln, NE 68501. GRAND ISLAND MOV­ Commerce Commission, Bureau of Op­ ING & STORAGE CO., INC., is now oper­ A copy of the application is on file, erations, 5239 Federal Building, Salt Lake ating under section 210(a) a temporary and can be examined at the Office of authority, for the transportation of gen­ the Secretary, Interstate Commerce City, Utah 84111. erally meats, meat products and meat by­ Commission, Washington, D.C., and also No. MC 126278 (Sub-No. 3 TA), filed products, and articles distributed by meat in field office to which protests are to October 18, 1971. Applicant: FRIGID packinghouses as a common carrier over be transmitted. WAY CARTAGE CO., 4400 West 45th Street, Chicago, IL 60438. Applicant’s rep­ irregular routes in Nebraska, Pennsyl­ M otor Carriers of P roperty vania, Iowa, Missouri, Delaware, Mary­ resentative: William B. McMaster (same land, Massachusetts, New Jersey, New No. MC 111383 (Sub-No. 31 TA), filed address as above). Authority sought to York, Illinois, Minnesota, Wisconsin, and October 18,1971. Applicant: BRASWELL operate as a common carrier, by motor Vermont. JAMES D. PIRNIE holds no MOTOR FREIGHT LINES, INC., 3925 vehicle, over irregular routes, transport­ authority from this Commission. How­ Singleton Boulevard, Post Office Box ing: Frozen foods, from Chicago and ever, he is affiliated with ARROW 4447, Dallas, TX 75208. Authority sought Deerfield, 111., to points in Indiana, Ohio, FREIGHT LINES, INC., Post Office Box to operate as a common carrier, by mo­ Michigan, and Louisville, Ky. Restric­ 1665, Grand Island, NE 68801, which is tor vehicle, over regular routes, trans­ tion: The above authority is restricted to authorized to operate as a common car­ porting: General commodities (with the the transportation of traffic originating rier in Nebraska. Application has not usual exceptions) (1) from Atlanta, Ga., at the facilities of Continental Freezers been filed for temporary authority under to Norcross, Ga., and points in its com­ of Illinois at Chicago, 111., and the plant- section 210a(b). Note: No. MC-135283 mercial zone over U.S. Interstate High­ sites and warehouse utilized by Kitchens Sub-5, to be heard concurrently here­ way 85 to junction Georgia Highway 141, of Sara Lee, Inc., at Deerfield, and Chi­ with. thence over Georgia Highway 141 to cago, HI., and destined to the named Norcross, Ga., serving all intermediate destination States, for 180 days. Support­ No. MC-F-11352. Authority sought for points and (2) from Atlanta, Ga., to Nor­ ing shippers: James D. Varrato, distri­ purchase by MINNESOTA-WISCONSIN cross, Ga., over U.S. Highway 23, serv­ bution manager, Kitchens of Sara Lee TRUCK LINES, INCORPORATED, 965 ing all intermediate points, and return Corp., 500 Waukegan Road, Deerfield, IL; Eustis Street, St. Paul, MN 55114, of over the same routes, serving Tucker- Raymond C. Wheaton, traffic manager, the operating rights of CARL SCHOEN, Stone Mountain, Ga., as an intermediate Continental Freezers of Illinois, 4220 doing business as CHASKA-CARVER or off-route point in connection with car­ South Kildare Avenue, Chicago, IL. Send MOTOR EXPRESS, Rural Route No. 2, riers authorized regular route operation protests to: District Supervisor Robert G. Box 71, Chaska, MN 55318, and for ac­ in MC-111383 and subs thereunder, for Anderson, Interstate Commerce Commis­ quisition by A. A. McCUE, also of St. 180 days. Note: Applicant states it does sion, Bureau of Operations, Everett Mc­ Paul, Minn. 55114, of control of such not intend to tack with existing author-, Kinley Dirksen Building, 219 South Dear­ rights through the purchase. Applicants’ ity. Supported by: There are approxi­ born Street, Room 1086, Chicago, IL attorney: William S. Rosen, 630 Osborn mately 33 shippers and consignees mostly 60604. Building, St. Paul, Minn. 55102. Operat­ in the Atlanta, Norcross, Tucker-Stone No. MC 129631 (Sub-No. 21 TA), ing rights sought to be transferred: Un­ Mountain area. Send protests to: E. K. October 18, 1971. Applicant: PACK der a certificate of registration, in Docket Willis, District Supervisor, Interstate TRANSPORT, INC., Post Office Box No. MC-98287 Sub-1, covering the trans­ Commerce Commission, Bureau of Op­ 17233, Salt Lake City, UT 84117. Author­ portation of property, as a common car­ erations, Room 13C12 Federal Building, ity sought to operate as a common car­ rier, in interstate commerce, within the 1100 Commerce Street, Dallas, TX 75202. rier, by motor vehicle, over irregular State of Minnesota. Vendee is authorized No. MC 115523 (Sub-No. 166 TA), filed routes, transporting: Roofing materialst, to operate as a common carrier in Wis­ October 18, 1971. Applicant: CLARK from Salt Lake City, Woods Cross, a®“ consin, Minnesota, and South Dakota. TANK LINES COMPANY, Post Office North Ogden, Utah, to points in Montana Application has not been filed for tem­ Box 1895 (84110), 1450 Beck Street, Salt and those points in Idaho south of Idaho porary authority under section 210a(b). Lake City, UT 84116. Authority sought County, Idaho, for 180 days. Supporting Note: MC-119914 Sub-19, is a matter di­ to operate as a common carrier, by motor shippers: Lloyd A. Fry, Roofing Co., 58io rectly related. vehicle, over irregular routes, transport­ Archer Road, Summit (Argo Post Officer FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 NOTICES 21111

IL 60501 (G. A. Homeier, director of Ala., authorizing the transportation of fied of cancellation or postponements of traffic) ; Smith & Edwards, No. Highway tile and clay products, between Phenix hearings in which they are interested. 84, Route 3, Box 118, Ogden, UT (Bert City, Ala., and points in Alabama within MC 77972 Sub 17, Merchants Truck Lines, N. Smith) ; Marko Inc., 1184 Bonner 10 miles thereof, on the one hand, and, on Inc., continued to November 15,1971, Room Way, Salt Lake City, UT 84117 (Mark the other, points in Georgia, and brick, 403, Sun-N-Sand Motel, Jackson, Miss. R. Critchfield, president). Send protests tile, and other clay products, from MC 135602, Road Hog, Inc., now assigned Jan­ to: John T. Vaughn, District Supervisor, Phenix City, Ala., and points in Alabama uary 17, 1972, in New York, N.Y. Bureau of Operations, Interstate Com­ within 10 miles thereof, to points in that MC-F-11122, Duff Truck Lines—Purchase— Vernon R. Doering, doing business as merce Commission, 5239 Federal Build­ part of Florida in and west of Jefferson Michigan Ohio Motor Freight, now assigned ing, Salt Lake City, Utah 84111. County, Fla. Richard Y. Bradley, Post December 16, 1971, at the Offices of Inter­ By the Commission. Office Box 2707, Columbus, GA 31902, state Commerce Commission, Washington, attorney for applicants. D.C. [seal] R obert L. O swald, MC—F—11221, Alleghany Corp., doing business Secretary. No. MC-FC-73228. By order of Octo­ ber 28, 1971, the Motor Carrier Board as Jones Motor—Control—R. F. Post, Inc., [FR Doc.71-16021 Filed ll-2-71;8:54 am] at the Offices of Interstate Commerce Com­ approved the transfer to Boland Truck­ mission, Washington, D.C., now assigned [Notice 774] ing Co., Inc., San Francisco, Calif., of January 24, 1972. the certificate of registration in No. MC- W-1255, Potomac Boat Tours, now assigned MOTOR CARRIER TRANSFER 99694 (Sub-No. 1) issued October 13, December 16, 1971, at the Offices of Inter­ PROCEEDINGS 1964, to I. W. Boland, doing business as state Commerce Commission, Washington, D.C. O ctober 29, 1971. Boland Trucking Co., San Francisco, Calif,, evidencing a right to engage in MC 95540 Sub 814, Watkins Motor Lines, Inc., Synopses of orders entered pursuant assigned January 19, 1972, at Dallas, Tex. to section 212(b) of the Interstate Com­ transportation in interstate or foreign MC 107064 Sub 83, Steere Tank Lines, Inc., merce Act, and rules and regulations commerce in the San Francisco-East assigned January 12, 1972, at Dallas, Tex. prescribed thereunder (49 CFR Part Bay Cartage Zone as indicated in deci­ MC 107295 Sub 480, Pre-Fab Transit Co., 1132), appear below: sion No. 52695 dated February 28, 1956, assigned January 17, 1972, at Dallas, Tex. As provided in the Commission’s spe­ issued by the Public Utilities Commission MC 112304 Sub 47, Ace Doran Hauling & cial rules of practice any interested per­ of California. David W. Tucker, 44 Mont­ Rigging Co., assigned January 11, 1972, at gomery Street, San Francisco, CA 94104, Dallas, Tex. son may file a petition seeking reconsid­ MC-F 11133, Reliable Truck Lines, Inc.— eration of the following numbered pro­ attorney for applicants. Purchase (Portion)—A-OK Motors Lines, ceedings within 20 days from the date [seal] R obert L. O swald, Inc. (Samuel Kaufman Trustee in Bank­ of publication of this notice. Pursuant to Secretary. ruptcy) , MC 129944 Sub 9, Reliable Truck Lines, Inc., MC-F 11134, Cooper Transfer section 17(8) of the Interstate Commerce [FR Doc.71-16022 Filed ll-2-71;8:50 am] Act, the filing of such a petition will Co., Inc.—Purchase (Portion)—A-OK postpone the effective date of the order Motor Lines, Inc. (Samuel Kaufman- [Notice 772—A] Trustee in Bankruptcy), MC 55889 Sub 39, in that proceeding pending its disposi­ Cooper Transfer Co., Inc., MC-F 11143, tion. The matters relied upon by peti­ MOTOR CARRIER TRANSFER Gordons Transports, Inc.—Purchase (Por­ tioners must be specified in their peti­ PROCEEDINGS tion)—A—OK Motor Lines, Inc. (Samuel tions with particularity. Kaufman, Trustee in Bankruptcy), MC O ctober 27,1971. 11220 Sub 123, Gordons Transports, Inc., No. MC-FC-73164. By order of Octo­ Application filed for temporary au­ MC—F 11150, The Mason & Dixon Lines, ber 28, 1971, the Motor Carrier Board thority under section 210(a) (b) in Inc.—Purchase (Portion)—A-OK Motor approved the transfer to Simons Truck­ connection with transfer application Lines, Inc. (Samuel Kaufman Trustee in ing Co., Inc., Grand Rapids, Minn., of under section 212(b) and Transfer Rules, Bankruptcy) MC 59583 Sub 130, The the operating rights in certificate No. 49 CFR Part 1132: Mason & Dixon Lines, Inc., now being as­ MC-133961 (Sub-No. 1) issued March signed hearing December 6, 1971, in Mont­ 19,1971, to Donald L. Simons, doing busi­ No. MC-FC-73273. By application filed gomery, Alabama, in a hearing room to be ness as Simons Trucking Co., Grand October 22, 1971, J & P PROPERTIES, later designated. INC., 6801 Northwest 74th Avenue NW., MC 112822 Sub 188, Bray Lines, Inc., assigned Rapids, Minn., authorizing the transpor­ January 10, 1972, at Dallas, Tex. tation of fencing, lath, and pallets, from Miami, nil 33166, seeks temporary au­ MC 32882 Sub 62, Mitchell Bros. Truck Lines, the plantsite of Cole Forest Products, thority to lease the operating rights of MC 125433 Sub 23, F—B Truck Line, now Inc., near Grand Rapids, Minn., to points TR ANSYSTEMS, INC. (James W. Beas­ assigned January 14, 1972, at San Francisco, in North Dakota, South Dakota, Ne­ ley, Trustee in Bankruptcy), 6801 North­ Calif., hearing room to be designated later. braska, Kansas, Missouri, Iowa, Minne­ west 74th Avenue NW., Miami, FL 33166, MC 33641 Sub 96, IML Freight, Inc., now as­ sota, Michigan, Wisconsin, Illinois, Indi­ under section 210a (b). The transfer to signed January 17, 1972, at San Francisco, J & P PROPERTIES, INC., of the operat­ Calif., hearing room to be later designated. ana, Ohio, Montana, Wyoming, and MC 83539 Sub 310, C & H Transportation Co., Colorado, yal M. Higgins, 1000 National ing rights Of TR ANSYSTEM, INC. now assigned January 12, 1972, at San Bank Building, Minneapolis, Minn. (James W. Beasley, Trustee in Bank­ Francisco, Calif., hearing room to be desig­ 55402, attorney for applicants. ruptcy) , is presently pending. nated later. No. MC-FC-73214. By order of Octo­ By the Commission. MC 83539 Sub 311, C & H Transportation Co., now assigned January 13, 1972, at San ber 28, 1971, the Motor Carrier Board [ seal] R obert L. Oswald, Francisco, Calif., hearing room'to be desig­ approved the transfer to Proffitt Vans, Secretary. nated later. me., 604 South Atlantic Street, Tulla- [FR Doc.71-16023 Filed ll-2-71;8:50 am] MC 107227 Sub 121, Insured Transporters, homa, TN 37388, of the operating rights now assigned January 10, 1972, at San jn certificate No. MC-102492 issued July Francisco, Calif., hearing room to be desig­ “5, 1963, to Patrick F. Proffitt, doing ASSIGNMENT OF HEARINGS nated later. Business as Proffitt’s Vans, 604 South O ctober 29, 1971. MC 121060 Sub 8, Arrow Truck Lines, Inc., Atlantic Street, Tullahoma, TN 37388, now assigned November 29, 1971, in the authorizing the transportation of house- Cases assigned for hearing, postpone­ Municipal Auditorium, 1930 Eighth Avenue noid goods, as defined by the Commis- ment, cancellation or oral argument ap­ North will be held in the Civic Center yon, between specified points in Ten­ pear below and will be published only Travelodge, 1800 Eighth Avenue, North- nessee, Kentucky, and North Carolina. . once. This list contains prospective Birmingham, Ala. assignments only and does not include MC 30844 Sub 358, Kroblin Refrigerated 9ftNin^C-FO-73218. By order of October cases previously assigned hearing dates. Xpress, Inc., now assigned November 1, 1971, the Motor Carrier Board ap­ The hearings will be on the issues as 1971, at New York, N.Y., canceled and re­ proved the transfer to James H. Jenkins, presently reflected in the official docket assigned to November 1, 1971, at the Offices emx City, Ala., of the operating rights of the Interstate Commerce Commission, of the Commission. An attempt will be Washington, D.C. Nos. MC-109730 (Sub-No. 1) made to publish notices of cancellation MC 135510, Robert E. Bailey Transport, Inc., (Sub-No. 3) issued Sep- of hearings as promptly as possible, but now assigned November 5, 1971, at Port­ tS? 6!-23, 1948> and September 18,1958, interested parties should take appro­ land, Oreg., canceled and application Pectively, to Earl Powell, Phenix City, priate steps to insure that they are noti­ dismissed.

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971 21112 NOTICES

MC 11207 Sub 309, Deaton, Inc., now being MC 107515 Sub 752, Refrigerated Transport MC-C 7566, W. T. Mayfield Sons Trucking Co., assigned bearing December 3, 1971, at At­ Oo., Inc., now being assigned hearing De­ Inc.—Investigation and Revocation of Cer­ lanta, Ga., in a hearing room to be later cember 15, 1971, in Atlanta, Ga., in a hear­ tificates, now being assigned hearing De­ designated. ing room to be later designated. cember 16, 1971, at Atlanta, Ga., in a hear­ MC 83539 Sub 317, C & H Transportation Oo., MC 107839 Sub 146, Denver-Albuquerque ing room to be later designated. Inc., now being assigned hearing Decem­ Motor Transport, Inc., now being assigned [ seal] R obert L. Oswald, ber 17, 1971, in a hearing room to be later hearing December 14, 1971, at Atlanta, Ga., Secretary. designated, in Atlanta, Ga. in a hearing room to be later designated. [PR Doc.71-16024 Filed ll-2-71;8:50 am]

CUMULATIVE LIST OF PARTS AFFECTED— NOVEMBER 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 November.

3 CFR P*B' 21 CFR—Continued Page 33 CFR jj Page 135e______20938 Executive O rders: P roposed R ules : 148i______20938 Nov. 9,1871 (see PLO 5144) ___ 21036 1 1 7 ------21063 July 2, 1910(revoked in part Proposed R ules: by PLO 5144)______21036 27______— 20985 36 CFR June 16,1911 (revoked in part 31______20985 by PLO 5144)______21036 148i______7 ------20985 20945 Mar. 21,1917 (revoked in part 191 (2 documents)_____ 20985, 20986 by PLO 5144)______— 21036 311 ______21057 38 CFR Dec. 9,1926 (see PLO 5144) ___ 21036 312 ______21057 3 ------20945 11627 (amended by EO 11630) _ 21023 1 7 ------21030 11630______,.______21023 2 2 CFR 42__ —______20939 41 CFR 5 CFR 121______— 20939 213______20931 123 ______1 4 - 1 ------20940 ------.'______L 20946 124 ______20940 1 4 - 2 ------'------20947 7 CFR 125 ______20941 1 4 - 3 ------20947 126 ______1 20942 4 - 6 ______'______20947 910______1______20932 1 4 - 7 ------20947 926______21025 2 4 CFR 1 5 - 1 ______.-20947 P roposed R ules: 1 0 1 - 1 1 ______21031 1914 ______20942 928______20980 P roposed R u les: 932______21059 1915 ______20943 1 0 1 - 1 7 — ______;____ 21059 P roposed R ules: 989_____ 20981 1 0 1 - 1 8 ______21059 1030______20981 1710______21043 1049______20981 1 0 1 - 2 0 ______21059 2 6 CFR 43 CFR 9 CFR 1______20944 2 4 ______21034 roposed ules 76______20932 P R : 8 1 0 0 ______• 21035 92______20932 1_____ 20980, 21057 P roposed R ules: P ublic Land O rders: 113______21058 2 8 CFR 5 1 4 3 ______21036 5 1 4 4 ______.21036 318______20984 50______21028 12 CFR 3 2 CFR 45 CFR 545— ______21025 275______: ______20944 8 0 1 ______20949 P roposed R ules: P roposed R ules: 546______21066 1602 ______21072 47 CFR 563______21067 1603 ______21072 8 1 ______20956 1604 ______21072 8 3 ______20970 14 CFR 1611______21072 8 5 ______.______20977 1617______2______21072 71______21029, 21030 1621 ______21072 P roposed R ules : 75______21030 1622 ______21072 7 3 ______21066 241______20933 1623 __ 21072 7 4 ______20988 P roposed R ules: 1624 ___ 21072 39______— 21064 1625 ______21072 49 CFR 1626 ______21072 71______21064, 21065 5 6 6 ______— ...... 20977 1245______21068 1627 ______21072 1628 ______21072 P roposed R ules: 19 CFR 1630 ______21072 5 6 6 ______20987 1631 ______21072 1 0 4 7 ______- ____21071 4...... 21025 1632 ______21072 1642______21072 21 CFR 1655______21072 50 CFR 130_____ 21026 1660______21072 2 6 0 ______t ______- 21037

LIST OF FEDERAL REGISTER PAGES AND DATES— NOVEMBER Pages Date 20925-21016______Nov. 2 21017-21112______3

FEDERAL REGISTER, VOL. 36, NO. 212— WEDNESDAY, NOVEMBER 3, 1971