FEDERAL REGISTER VOLUME 34 • NUMBER 197 Tuesday, October 14,1969 • Washington, D.C, Pages 15779-15829

Agencies in this issue— The President Agricultural Stabilization and Conservation Service Agriculture Department Army Department Atomic Energy Commission Budget Bureau Business and Defense Services Administration Civil Aeronautics Board Consumer and Marketing Service Engineers Corps Federal Aviation Administration Federal Communications Commission Federal Trade Commission Fiscal Service Fish and Wildlife Service Food and Drug Administration Foreign Assets Control Office Geological Survey Housing and Urban Development Department Indian Affairs Bureau Interior Department Internal Revenue Service Interstate Commerce Commission Public Health Service Securities and Exchange Commission Social Security Administration Treasury Department Wage and Hour Division Detailed list of Contents appears inside. Now Available

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CONSUMER AND MARKETING FISH AND WILDLIFE SERVICE THE PRESIDENT SERVICE Rules and Regulations REORGANIZATION PLAN Rules and Regulations Hunting on certain national wild- life refuges: Reorganization Plan No. 1 of 1969; Food stamp program; participa­ California; Kesterson------15799 Interstate Commerce Commis­ tion of retail food stores, whole­ Delaware; Bombay Hook------15799 sion ______15783 sale food concerns, and banks; miscellaneous amendments----- 15785 FOOD AND DRUG EXECUTIVE AGENCIES Proposed Rule Making ADMINISTRATION Meat inspection; monthly super­ AGRICULTURAL STABILIZATION visory visits by foreign officials Rules and Regulations to approved foreign export meat Food additives : AND CONSERVATION SERVICE plants ------15800 Carbarsone (not U.S.P.), zoa- Rules and Regulations lene '______15793 Polyurethane resins______15794 Mainland cane sugar area; pro­ DEFENSE DEPARTMENT portionate shares for farms, See Army Department; Engineers Notices 1970 crop______—— 15785 Corps. Food additive and pesticide chem­ ical petitions: AGRICULTURE DEPARTMENT ENGINEERS CORPS Amchem Products, Inc------15817 See also Agricultural Stabilization Rules and Regulations CIBA Agrochemical Co. and NOR-AM Agricultural Prod­ and Conservation Service; Con­ Navigation; Gulf Intracoastal sumer and Marketing Service. ucts, Inc______15817 Waterway, Tex------15797 E. I. du Pont de Nemours & Co— 15817 Rules and Regulations Hodag Chemical Corp______15817 Determination of parity prices; FEDERAL AVIATION Quaker Chemical Corp------15817 chickens------15785 ADMINISTRATION FOREIGN ASSETS CONTROL Rules and Regulations ARMY DEPARTMENT OFFICE See also Engineers Corps. Restricted area; alteration------15787 Transition areas: Notices Rules and Regulations Alterations (3 documents)------15786 Hair of certain animals, cotton Medical and dental attendance; Designations (2 documents)----- 15786, and silk waste, and carpet wool; dependents’ medical care------15796 15787 importation from countries not in authorized trade territory; ATOMIC ENERGY COMMISSION Proposed Rule Making Control zone and transition area; applications for licenses------15811 Notices alteration______15805 State of Georgia; proposed agree­ Terminal control areas; designa­ GEOLOGICAL SURVEY ment for assumption of certain tions: Notices AEC regulatory authority------15819 Atlanta, Ga------— 15805 Mississippi and Wyoming; defini­ Chicago, 111______—------15805 tions of known geologic struc­ BUDGET BUREAU Detroit, Mich______15806 tures of producing oil and gas fields______15815 Notices FEDERAL COMMUNICATIONS Report on utilization of advisory committees during fiscal year COMMISSION HEALTH, EDUCATION, AND 1969; availability______15818 Proposed Rule Making WELFARE DEPARTMENT Public safety radio services; opera­ See Food and Drug Administra­ BUSINESS AND DEFENSE tion of mobile relay systems, tion; Public Health Service; So­ SERVICES ADMINISTRATION fixed relay stations, and repeater cial Security Administration. Rules and Regulations stations; extension of time— 15808 Radio frequency devices; radiation HOUSING AND URBAN Instruments and apparatus for interference limits------— 15806 educational and scientific insti­ DEVELOPMENT DEPARTMENT tutions ____ 15787 FEDERAL TRADE COMMISSION Notices Notices Designations: Rules and Regulations Decisions on applications for duty­ Acting Assistant Regional Ad­ free entry of scientific arti- Administrative opinions and rul- ' ministrator for Model Cities, cles: ings: Region VI (San Francisco)_15818 University of Iowa------— 15816 Trade association code of con­ Acting Regional Administrator, University of Washington------15816 duct found unobjectionable— 15792 Region VI (San Francisco)_15818 Use of “Made in U.S.A.” label— 15792 Redelegations of authority: Proposed Rule Making Assistant Regional Administra­ CIVIL AERONAUTICS BOARD tor for Equal Opportunity, Labeling and advertising of wigs Region I (New York, N.Y.)_15818 Notices and other hairpieces; guides— 15808 International Air Transport As­ Certain HUD employees in Re­ sociation; hearings, etc. (3 doc­ gion I (New York, N.Y.)------15818 uments)______15821, 15822 FISCAL SERVICE Regional Counsel and Associate Regional Counsel for General Notices Program Services, Region IV COMMERCE DEPARTMENT Kansas Bankers Surety Co.; surety (Chicago) ______— 15818 See Business and Defense Services company acceptable on Federal Administration. b on d s______15811 (Continued on next page) 15781 15782 CONTENTS

INDIAN AFFAIRS BUREAU INTERSTATE COMMERCE SOCIAL SECURITY Notices COMMISSION ADMINISTRATION Authority delegations; certain of­ Notices Proposed Rule Making ficials and employees in cer­ Fourth section application for Federal health insurance for the tain area offices: relief ______15823 aged; time requirements for Muskogee, Okla______15812 Fruit Growers Express Co.; class certifications and recertifica­ Portland, Oreg______15813 of employees and subordinate tions ______15804 officials to be included in term INTERIOR DEPARTMENT “employee” ______15824 TRANSPORTATION DEPARTMENT Iowa passenger fares and charges. 15824 See Federal Aviation Administra­ See also Pish and Wildlife Service; Motor carriers: tion. Geological Survey; Indian Af­ Temporary authority applica­ fairs Bureau. tions ______15824 TREASURY DEPARTMENT Transfer proceedings______15827 Notices See also Fiscal Service; Foreign Alabama, Louisiana, and Missis­ LABOR DEPARTMENT Assets Control Office; Internal Revenue Service. sippi; determination of com­ See Wage and Hour Division. mercial fishery failure due to re­ Notices source disaster______15816 PUBLIC HEALTH SERVICE Commissioner of Accounts; au­ Rules and Regulations thority delegation______15811 INTERNAL REVENUE SERVICE Grants to improve quality of nurs­ WAGE AND HOUR DIVISION ing education______15797 Notices Rules and Regulations Proposed Rule Making Robert Bruce Hertzler; grant of Forestry or logging operations in relief regarding firearms acqui­ Clinical laboratories; hearings__ 15800 which not more than eight em­ sition, shipment, ete______15811 ployees are employed______15794 SECURITIES AND EXCHANGE COMMISSION Notices Hearings, etc.: Commercial Finance Corpora­ tion of New Jersey______15822 Continental Vending Machine C orp ______>______. . 15822 Federal Oil Co______15823 International Aerospace Asso­ ciates, Inc______15823 Liquid Optics Corp______15823 Pacific Fidelity Corp_v______15823

List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1969. and specifies how they are affected.

3 CFR 15 CFR 32 CFR P residential D ocuments Other 602______15787 577______»...... 15796 T han P roclamations and Ex­ ecutive Orders: 16 CFR 33 CFR Reorganization Plan No. 1 of 1969. 15783 15 (2 documents)______15792 207. 15797 P roposed R ules: 7 CFR 252______15808 42 CFR 5_____ — ______1______15785 57______•____ 15797 855______15785 20 CFR 1602______^______15785 P roposed R ules: P roposed R ules: 74______i ______15800 9 CFR 405______15804 47 CFR P roposed R ules: 21 CFR 327______—______15800 P roposed R ules: 121 (2 documents)______15793,15794 15______15806 14 CFR 29 CFR 89__ .______15808 71 (5 documents)______15786,15787 91______15808 73______L_____ 15787 788_____ 15794 P roposed R ules: 50 CFR 71 (4 documents)______15805,15806 32 (2 documents)______15799 Presidential Documents

Title 3— THE PRESIDENT Reorganization Plan No. 1 of 1969 Prepared by the President and Transmitted to the Senate and the House of Representatives in Congress Assembled, July 22, 1969, Pursuant to the Provisions of Chapter 9 of Title 5 of the United States Code l INTERSTATE COMMERCE COMMISSION S ection 1. Transfer of functions to the Chairman, (a) Subject to the provisions of subsection (b) of this section, there are hereby transferred from the Interstate Commerce Commission, hereinafter referred to as the Commission, to the Chairman of the Commission, hereinafter referred to as the Chairman, the executive and adminis­ trative functions of the Commission, including functions of the Com­ mission with respect to (1) the appointment and supervision of personnel employed under the Commission, (2) the distribution of business among such personnel and among administrative units of the Commission, and (3) the use and expenditure of funds. (b) (1) In carrying out any of his functions under the provisions of this section the Chairman shall be governed by general policies of the Commission and by such regulatory decisions, findings, and de­ terminations as the Commission may by law be authorized to make. (2) The appointment by the Chairman of the heads,of major ad­ ministrative units under the Commission shall be subject to the approval of the Commission. (3) Personnel employed regularly and full time in the immediate offices of commissioners other than the Chairman shall not be affected by the provisions of this reorganization plan. (4) Requests for regular, supplemental, or deficiency appropria­ tions for the Commission (prepared by or under the Chairman in pursuance of section 214 of the Budget and Accounting Act, 1921, as amended (31 U.S.C. 22) and as affected by this reorganization plan) shall require the approval of the Commission prior to the sub­ mission of the requests to the Bureau of the Budget by the Chairman. (5) There are hereby reserved to the Commission its functions with respect to determining upon the distribution of appropriated funds according to major progiams and purposes. S ec. 2. Performance of transferred functions. The Chairman may from time to time make such provisions as he shall deem appropriate authorizing the performance by any officer, employee, or administra­ tive unit under his jurisdiction of any function transferred to the Chairman by the provisions of section 1 of this reorganization plan.

1 Effective in part on January 1, 1970, under the provisions of section 3 of the plan, and also in part on October 11, 1969, under the provisions of 5 TJ.S.C. 906.

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15784 THE PRESIDENT

S ec. 8. Designation of Chairman, (a) The function of the Com­ mission of choosing the Chairman from among the commissioners composing the Commission is hereby transferred to the President of the United States. (b) Nothing in this reorganization plan shall preclude the Com­ mission from designating a commissioner to be the acting chairman of the Commission and to perform the functions of the Chairman during any period of time when (by reason of death, resignation, or other cause) no Presidentially designated'Chairman is ^available to perform them. S ec. 4. Taking effect. Section 3 of this reorganization plan shall take effect on the first day of January, 1970, and the other sections hereof shall take effect on the date determined under section 906(a) of title 5 of the United States Code. [F.R, Doc. 69-12301; Filed, Oct. 13, 1969 ; 8:50 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 197— -TUESDAY, OCTOBER 14, 1969 15785 Rules and Regulations

2. Section 855.59 is amended by insert­ Chapter XVI— Consumer and Market­ Title 7— AGRICULTURE ing a period after the word “errors” and ing Service (Food Stamp Program), deleting the words “and under § 855.67 Subtitle A— Office of the Secretary of for increasing shares for old-producer Department of Agriculture Agriculture farms to cover experimental plantings of PART 1602— PARTICIPATION OF RE­ [Amdt. 25] cane”. TAIL FOOD STORES, WHOLESALE 3. In § 855.61(b) t h e s e c o n d FOOD CONCERNS AND BANKS PART 5— DETERMINATION OF sentence is amended by deleting the PARITY PRICES comma between “§§ 855.65, 855.66” and Miscellaneous Amendments inserting in lieu thereof the word “and” Chickens and by deleting “and 855.67”. Sections 1602.4 and 1602.7, relating to 4. In § 855.C2 (b)(1) t h e f i r s t the procedure for redeeming coupons, are The regulations of the Secretary of amended to broaden the authority of the Agriculture with respect to the deter­ sentence is amended by deleting the comma between “§ 855.64, § 855.66” and Consumer Food Programs Officers-In- mination of parity prices (21 F.R. 761, as Charge to approve the redemption of amended; 7 CFR 5.1-5.6) are amended inserting in lieu thereof the word “or” and by deleting, “or § 855.67”. coupons accepted by firms prior to au­ as hereinafter specified, effective Janu­ thorization. The limitation that gave the ary 1, 1970, in order to delete chickens 5. Section 855.64(b) is amended by re­ voking subparagraph (4). Offlcers-In-Charge the authority to ap­ from the list of commodities for which 6. Section 855.64(h) is amended by prove redemption only within 90 days of parity prices shall be calculated. deleting “or § 855.67”. the opening of a project area, has been In § 5.4, the paragraph under the 7. Section 855.67 is revoked. removed. As amended, §§ 1602.4 and 1602.7 read as follows: centerhead “Other Commodities” is 8. In the statement of bases and con­ amended to read as follows: siderations under the subheading “Regu­ § 1602.4 Procedure for redeeming lation”, the fifth paragraph is deleted. coupons. §5.4 Commodities for which parity prices shall be calculated. Statement of bases and considerations. (a) Coupons accepted by a retail food The original regulation made available store or a wholesale food concern prior ***** 75 acres and 50 acres for Louisiana and to the receipt by such firm of an author­ Oth er Co m m odities Florida, respectively, for use by the State ization card from C&MS shall not be pre­ Beef cattle; nogs; lambs; calves; sheep; committees to increase shares of pro­ sented for redemption under the pro­ turkeys; eggs; beeswax; potatoes; hops; ducers who grow sugarcane for experi­ cedure set forth in this section, except peppermint oil; popcorn; spearmint oil; mental uses in conjunction with pub­ that the Consumer Food Programs Of- tobacco, Types 01 and 62; barley; beans, dry licly owned agricultural experimental edible; cottonseed; peas, dry field; flaxseed; ficer-In-Charge, in accordance with pro­ hay, all baled; oats; rye; sorghum grain; soy­ stations, cedures set forth in § 1602.7, may approve beans; Bweetpotatoes; and crude pine gum. The Department has been informed such redemption if the criteria in * * * * * that several thousand acres have been § 1602.7(b) are met. devoted to experimental-uses each year * * * * * (Sec. 301, 52 Stat. 38, as amended; 7 U.S.C. on a few hundred farms. It is expected 1301) that for the 1970 crop the same level of § 1602.7 Determination and disposition Done at Washington, D.C., this 8th of claims—retail food stores and acreage will be devoted to such use. Be­ wholesale food concerns. day of October 1969. cause of the very limited number of acres * * * * • Clifford M. Hardin, available for increasing shares to cover Secretary. experimental plantings in relation to the (b) The Consumer Food Programs acreage that will be actually used for Officer-In-Charge may approve the re­ [F.R. Doc. 69-12274; Filed, Oct. 13, 1909; such purposes for the 1970 crop, it is be­ demption of coupons accepted by firms 8:50 a.m.] lieved that the distribution of such prior to the receipt of an authorization acreage to a very few producers would card from C&MS if the following condi­ not be equitable to the sizeable number tions exist: (1) The coupons were re­ Chapter VIII— Agricultural Stabiliza­ of other producers participating in an ceived in accordance with the provisions tion and Conservation Service experimental program. Accordingly, this of this part governing acceptance of cou­ (Sugar), Department of Agriculture amendment eliminates from the regula­ pons except the provisions requiring that SUBCHAPTER G— DETERMINATION OF tion the acreage set aside for experi­ the firm be authorized before accept­ PROPORTIONATE SHARES ance; (2) the coupons were accepted by mental use and makes such acreage the firm ip good faith, and without any I Amdt. 1] available for reallotment to old producer intent to circumvent the provisions of PART 855— MAINLAND CANE farms. this part; and (3) the firm applies for SUGAR AREA Accordingly, I hereby find and con­ and receives authorization to participate clude that the foregoing amendment will in the program. Firms seeking to redeem Proportionate Shares for Farms; effectuate the applicable provisions of coupons as provided in this paragraph 1970 Crop shall present a claim in writing for re­ the Act. demption of such coupons to the local Pursuant to the provisions of the Sugar (Secs. 301, 302, 403, 61 Stat. 929, 930 as Consumer Food Programs Field Office. Act of 1948, as amended, Part 855 (34 amended, 932; 7 U.S.C. 1131, 1132, 1153) This claim shall be accompanied by a F.R. 14201) is amended in the following Effective date: Date of publication. notarized affidavit containing a full statement of the circumstances sur­ respects: Signed at Washington, D.C., on Octo­ 1. In the table of contents, the last rounding the acceptance of the coupions. ber 7,1969. The affidavit shall also include a certifi­ listed reference “855.67 Acreage for ex­ Clifford M. Hardin, cation that the coupons were accepted perimental use” is deleted and in the Au­ Secretary of Agriculture. in good faith, and without any intent to thority following the table of contents [F.R. Doc. 69-12235; Filed, Oct. 13, 1909; circumvent the requirements of this part. “855.67” is changed to read “855.66”. 8:47 a.m.] * * ♦ * *

FEDERAL REGISTER, VOL* 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15786 RULES AND REGULATIONS

No t e : The reporting and/or recordkeeping [Airspace Docket No. 69-SO-82] Municipal Airport and adding the geo­ requirements contained herein have been PART 71— DESIGNATION OF FEDERAL graphic coordinate obtained from the approved by the Bureau of the Budget in Airport Layout Plan (lat. 35°51,16" N„ accordance with the Federal Reports Act of AIRWAYS, CONTROLLED AIRSPACE, 1942. long. 77°53'26" W.) for the Rocky AND REPORTING POINTS Mount-Wilson Airport. Effective date. This amendment shall Alteration of Transition Area Since these amendments are editorial become effective on the date of its pub­ in nature, notice and public procedure lication in the F ederal R egister. On August 29, 1969, a notice of pro­ hereon are unnecessary and action is Clifford M. Hardin, posed rule making was published in the taken herein to alter' the description Secretary. F ederal R egister (34 F.R. 13877), stat­ accordingly. October 9,1969. ing that the Federal Aviation Adminis­ In consideration of the foregoing, Part tration was considering an amendment [F.R. Doc. 69-12272; Filed, Oct. 13, 1969; 71 of the Federal Aviation Regulations 8:50 a.m.] to Part 71 of the Federal Aviation Regu­ is amended, effective 0901 G.m.t., De­ lations that would alter the Laurel, Miss., cember 11, 1969, as hereinafter set forth. transition area. In § 71.181 (34 F.R. 4637), the Rocky Interested persons were afforded an Mount, N.C., transition area is amended opportunity to participate in the rule to read: Title 14— AERONAUTICS AND making through the submission of com­ Rocky Mount, N.C. ments. All comments received were That airspace extending upward from 700 SPACE favorable. feet above the surface within a 7-mile radius Chapter I— Federal Aviation Adminis­ In consideration of the foregoing, Part of Rocky Mount Municipal Airport (lat. tration, Department of Transportation 71 of the Federal Aviation Regulations 35°58'00" N., long. 77°47'35" W.); within is amended, effective 0901 G.m.t., Decem­ 4,5 miles each side of the Rocky Mount [Airspace Docket No. 69-CE-61] ber 11, 1969, as hereinafter set forth. VORTAC 083° radial, extending from the 7- In § 71.181 (34 F.R. 4637), the Laurel, mile radius area to 8.5 miles east of the PART 71— -DESIGNATION OF FEDERAL VORTAC; within an 8.5-mile radius of Rocky Miss., transition area is amended to Mount-Wilson Airport (lat. 35°51'16" N„ AIRWAYS, CONTROLLED AIRSPACE, read: long. 77°53'26" W.) AND REPORTING POINTS L aurel, Mis s . (Sec. 307(a), Federal Aviation Act of 1958, Alteration of Transition Area That airspace extending upward from 700 49 U.S.C. 1348(a); sec. 6(c), Department of feet above the surface within a 7-mile radius Transportation Act, 49 U.S.C. 1655(c) ) On page 12595 of the F ederal R egister of the Laurel Municipal Airport (lat. dated August 1, 1969, the Federal Avia­ 31°40'10" N., long. 89°l0'20" W.); within Issued in East Point, Ga., on October 7, tion Administration published a notice of 9.5 miles southwest and 4.5 miles northeast 1969. of the Laurel VOR 330° radial, extending James G. R ogers, proposed rule making which would from the 7-mile radius area to 18.5 miles amend § 71.181 of Part 71 of the Fed­ northwest of the VOR. Director, Southern Region. eral Aviation Regulations so as to alter [F.R. Doc. 69-12224; Filed, Oct. 13, 1969; (Sec. 307(a), Federal Aviation Act of 1958, 8:46 a.m.] the transition area at Charles City, Iowa. 49 U.S.C. 1348(a); sec. 6(c), Department of Interested persons were given 45 days Transportation Act, 49 U.S.O. 1655(c)) to submit written comments, suggestions, [Airspace Docket No. 69-CE-47] or objections regarding the proposed Issued in East Point, Ga., on October 7, amendment. 1969. PART 71— DESIGNATION OF FEDERAL J ames G. R ogers, No objections have been received and Director, Southern Region. AIRWAYS, CONTROLLED AIRSPACE, the amendment as So proposed is hereby AND REPORTING POINTS adopted, subject to the following change: [F.R. Doc. 69-12223; Filed, Oct. 13, 1969; The Charles City Municipal Airport re­ 8:46 a.m.] Designation of Transition Area cited in the Charles City, Iowa transition On pages 12104 and 12105 of the Fed­ area designations as “latitude 43°04'25" [Airspace Docket No. 69-SO-83] eral R egister dated July 18, 1969, the N., longitude 93°36'35" W.” are changed Federal Aviation Administration pub­ to read “latitude 43°04'15" N., longitude PART 71— DESIGNATION OF FEDERAL 92°36'15" W.”. AIRWAYS, CONTROLLED AIRSPACE, lished a notice of proposed rule making This amendment shall be effective AND REPORTING POINTS which would amend § 71.181 of Part 71 of 0901 G.m.t., December 11, 1969. the Federal Aviation Regulations so as (Sec. 307(a), Federal Aviation. Act of 1958, Alteration of Transition Area to designate a transition area at Madi­ 49 U.S.C. 1348; sec. 6(c), Department of On August 28, 1969, a notice of pro­ son, Ind. Transportation Act, 49 U.S.O. 1655(c)) posed rule making was published in the Interested persons were given 45 days Issued in Kansas City, Mo., on Sep­ F ederal R egister (34 F.R. 13749), stat­ to submit written comments, suggestions, tember 23, 1969. ing that the Federal Aviation Adminis­ or objections regarding the proposed R obert I. G ale, tration was considering an amendment Acting Director, Central Region. to Part 71 of the Federal Aviation Regu­ amendment. lations that would alter the Rocky No objections have been received and In § 71.181 (34 F.R. 4637), the follow­ Mount, N.C., transition area. ing transition area is amended to read: the amendment as so proposed is hereby Interested persons were afforded an adopted, subject to the following change: Charles Cit y , I owa opportunity to participate in the rule The Madison Municipal Airport coordi­ That airspace extending upward from 700 making through the submission of com­ nates recited in the Madison, Ind., tran­ feet above the surface within a 5-mile radius ments. All comments received were of Charles City Municipal Airport (latitude favorable. sition area designations ’ as “latitude 43°04'15" N„ longitude 92°36T5" W.); and 38°45'30" N„ longitude 85°28'00" W.” within 3 miles each side of the 311° bearing Subsequent to publication of the from Charles City Muncipal Airport, extend­ notice, a request to Coast and Geodetic are changed to read “latitude 38°45'40" ing from the 5-mile radius area to 8 miles Survey for the geographic coordinate for N., longitude 85° 27'50" W.”. northwest of the airport; and that airspace the new Rocky Mount-Wilson Airport This amendment shall be effective 0901 extending upward from 1,200 feet above the was unsuccessful because they were un­ surface within 4% miles northeast and 9 % G.m.t., December 11, 1969. miles southwest of the 131° and 311a bearings able to determine the correct position (Sec. 307(a), Federal Aviation Act of 1958, from Charles City Municipal Airport, extend­ of this airport. The refined geographic 49 U.S.O. 1348; sec. 6 (c), Department of ing from 6 miles southeast to 18% miles coordinate (lat. 35°58'00" N., long. 77°47' Transportation Act, 49 U.S.C. 1655(c)) northwest of the airport excluding the por­ 35" W.) for Rocky Mount Municipal tion which overlies the Waterloo, Iowa, Airport was obtained from Coast and Issued in Kansas City, Mo., on Sep­ transition area. Geodetic Survey. It is necessary to alter tember 25, 1969. [F.R. Doc. 69-12222; Filed, Oct. 13, 1969; the description by inserting the refined R obert I. Gale, 8:46 a.m.] geographic coordinate for Rocky Mount Acting Director, Central Region.

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 RULES AND REGULATIONS 15787

In § 71.181 (34 F.R. 4637), the follow­ [Airspace Docket No. 69-WE-56] were afforded an opportunity to partici­ ing transition area is added: PART 73— SPECIAL USE AIRSPACE pate in the proposed rule making through Madison, I nd . the submission of written comments. Alteration of Restricted Area After consideration of the comments That airspace extending upward from 700 feet above the surface within a 5-mile radius On September 19, 1969, F.R. Doc. 69- received, the Departments have decided of Madison Municipal Airport (latitude 38°- to amend the existing regulations (15 11187, was published in the F ederal R eg­ CFR Part 602 (1969)) by replacing them 45'40'' N., longitude 85o27'50'' W.); and ister (34 F.R. 14576) and, in part, desig­ within 3 miles each side of the 206° bearing nated the “Controlling Agency” of the with the new regulations set forth below. from Madison Municipal Airport, extending These amendments, which replace the from the 5-mile radius area to 8 miles south­ Platteville, Colo., Restricted Area R - 2604 as “FAA, Denver, Colo., Approach existing regulations, are to be effective west of the airport, excluding the portion 30 days after publication in the F ederal which overlies Restricted Area R-3403. Control.” This action is to become effec­ tive November 13, 1969. Subsequent to R egister. [F.R. Doc. 69-12225; Piled, Oot. 13, 1969; publication of the document, it was de­ Sec. 8:46 a.m.] termined that the “FHA, Flight Service 602.1 General provisions. 602.2 Application for duty-free entry of Station, Denver, Colo.” would be more foreign instruments. [Airspace Docket No. 69-CE—55] appropriate as the Controlling Agency. 602.3 Review of the application by the Com­ Such action is taken herein. missioner of Customs. PART 71— DESIGNATION OF FEDERAL Since this amendment is minor in na­ 602.4 Public notice of application and op­ AIRWAYS, CONTROLLED AIRSPACE, ture and no substantive change in the portunity to present views. AND REPORTING POINTS regulation is effected, notice and public 602.5 Review and findings of the Depart­ procedure thereon are unnecessary and ment of Commerce. Designation of Transition Area good cause exists for making this amend­ Au th o rity : The provisions of this Part 602 On pages 12290 and 12291 of the F ed­ ment effective on less than 30 days issued under Public Law 89-651, 80 Stat. 897 eral R egister dated July 25, 1969, the notice. (1966); Department of Commerce Order No. Federal Aviation Administration pub­ In consideration of the foregoing, F.R. 152, as revised July 11, 1968. lished a notice of proposed rule making Doc. 69-11187 (34 F.R. 14576) is § 602.1 General provisions. which would amend § 71.181 of Part 71 amended effective upon publication in of the Federal Aviation Regulations so the F ederal R egister as hereinafter set (a) Introductory provisions. The reg­ as to designate a transition area at Shel­ forth: In the Controlling Agency: “FAA, ulations in this part are issued under the don, Iowa. Denver, Colo., Approach Control.” is de­ authority of the Educational, Scientific, and Cultural Materials Importation Act Interested persons were given 45 days leted and “FAA, Flight Service Station, Denver, Colo.” is substituted therefor. of 1966 (Public Law 89-651; 80 Stat. 897; to submit written comments, suggestions, see particularly section 6(c) thereof and or objections regarding the proposed (Sec. 307(a), Federal Aviation Act of 1958, headnote 6(f) to part 4, of Schedule 8, amendment. 49 U.S.C. 1348; sec. 6(c), Department of Transportation Act, 49 U.S.C. 1655 (c) ) Tariff Schedules of the United States, No objections have been received and section 1202, title 19, United States Code, the amendment as so proposed is hereby Issued in Washington, D.C., on Octo­ as added by said section 6(c)). The Act adopted, subject to the following change: ber 3,1969. provides, inter alia that any nonprofit The Sheldon Municipal Airport coordi­ H. B. H elstrom, institution (whether public or private) nates recited in the Sheldon, Iowa, tran­ Chief, Airspace and Air established for educational or scientific sition area designations as “latitude Traffic Rules Division. purposes may obtain duty-free treatment 43°12'30" N., longitude 95°50'00" W.” [F.R. Doc. 69-12227; ‘ Filed, Oct. 13, 1969; of certain instruments and apparatus are changed to read “latitude 43°12'35" 8:46 a.m.] entered for its use, if the Secretary of N., longitude 95°50'05" W.’\ Commerce determines that no instru­ This amendment shall be effective 0901 ment or apparatus of equivalent scien­ G.m.t., December 11, 1969. tific value to such article, for the pur­ Title 15— COMMERCE AND poses for which the instrument or ap­ (Sec. 307(a), Federal Aviation Act of 1958, paratus is intended to be used, is being 49 U.S.O. 1348; sec. 6(c), Department of manufactured in the United States. A Transportation Act, 49 U.S.C. 1655(c)) FOREIGN TRADE public or private nonprofit institution Issued in Kansas City, Mo., on Septem­ Chapter VI— Business and Defense established for educational or scientific ber 25, 1969. Services Administration, Depart­ purposes desiring to obtain free entry R obert I. Gale, ment of Commerce of an instrument or apparatus under Acting Director, Central Region. item 851.60, Tariff Schedules of the PART 602— INSTRUMENTS AND AP­ United States, shall file an application In § 71.181 (34 F.R. 4637), the follow­ PARATUS FOR EDUCATIONAL AND for such entry in accordance with the ing transition area is added: SCIENTIFIC INSTITUTIONS requirements of 19 CFR 10.115 and S heldon, I owa § 602.2. (All references in this part to That airspace extending upward from 700 On July 17, 1969, a notice of proposed items, headnotes, schedules or parts, un­ feet above the surface within a 5 y2 -mile ra­ rule making was published jointly by the less otherwise indicated, are references to dius of Sheldon Municipal Airport (latitude Department of Commerce and the De­ items, headnotes, schedules or parts of 43°12'35" N., longitude 95°50'05" W.); and partment of the Treasury in the F ederal the Tariff Schedules of the United within 3 miles each side of the 163° bearing R egister (34 F.R. 12043) stating that the States.) If the application is made in ac­ from Sheldon Municipal Airport, extending two Departments were considering new cordance with applicable regulations, no­ from the 5}/2 -mile radius area to 8 miles regulations amending the existing regu­ tice and opportunity to present views will south of the airport; and that airspace ex­ lations (15 CFR Part 602 (1969) ) imple­ tending upward from 1,200 feet above the be provided in accordance with § 602.4, surface within 4 y2 miles west and 9 y2 miles menting section 6(c) of Public Law 89- subject to § 602.5(e). Thereafter the ap­ east of the 1630 and 343 ° bearings from Shel­ 651, the Educational, Scientific, and Cul­ plication shall be reviewed, and a deci­ don Municipal Airport, extending from 6 tural Materials Importation Act of 1966. sion made thereon and published in the miles north to 18 y2 miles south of the air­ The purpose of the proposed regulations, F ederal R egister, in accordance with port; and within 5 miles each side of the as stated in the notice of proposed rule § 602.5. An appeal from any such deci­ 343° bearing from Sheldon Municipal Air- making, was to prescribe new simplified sion may be taken, in accordance with Port, extending from the airport to 12 miles procedures relating to duty-free entry headnote 6(e) to part 4 of Schedule 8, Qorth of the airport. of certain kinds of instruments and ap­ Tariff Schedules of the United States, [P.R. Doc. 69-12226; Piled, Oct. 13, 1969; paratus for nonprofit scientific and edu­ only to the U.S. Court of Customs and 8:46 a.m.] cational institutions. Interested persons Patent Appeals and only on a question

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 No. 197---- 52 15788 RULES AND REGULATIONS or questions of law, within 20 days tended to be used. The term does not Question 7 of form BDSAF-768. Other­ after publication of the decision in Include cost differences between the do­ wise, he shall find to the contrary. the F ederal R egister. If at any time mestic and foreign instrument, appa­ (f) Domestic manufacturer. An in­ while its application is under con­ ratus or accessory. strument, apparatus, or accessory shall sideration by the Secretary of Com­ (8) “Guaranteed specifications” shall be considered as being manufactured in merce or by the Court of Customs mean those pertinent specifications for the United States if they are customarily and Patent Appeals on an appeal from the foreign article and comparable do­ produced for stock in anticipation of a a finding by him, an institution cancels mestic instruments, whereby the re­ sale, produced according to manufac­ an order for the instrument or appara­ spective manufacturers define as an ex­ turer’s specifications only after receipt tus to which the application relates or plicit part of the contractual agreement of order, or custom-made. Produced for ceases to have a firm intention to order with the purchaser, for each related stock, produced on order, and custom- such instrument or apparatus, the insti­ capability, the minimum performance made shall have the following meanings: tution shall promptly notify the Admin­ level that the user may routinely expect (1) Produced for stock. An instru­ istrator or such court, as the case may be. to achieve as well as the conditions under ment, apparatus, or accessory shall be (b) Definitions. (1) “Instruments andwhich the specified minimum level was considered to be produced for stock if apparatus” shall embrace only instru­ established by the manufacturer. it was manufactured in the United States, ments and apparatus classifiable under (9) “Administrator” shall mean the is on sale and available from a stock in the tariff items specified in headnote 6(a) Administrator, Business and Defense the United States. of part 4 of Schedule 8. A combination of Services Administration of the Depart­ a basic instrument or apparatus and ment of Commerce, or such official as (2) Produced on order. An instrument, additional components shall be treated may be designated to act in his behalf apparatus, or accessory shall be con­ as a single instrument or apparatus here­ in this matter. sidered to be produced on order if a under provided that, under normal com­ (c) Applications and comments. Appli­ domestic manufacturer lists it in a cur­ mercial practice, such combination is cations (19 CFR 10.115 and § 602.2) and rent catalog and is able and willing to considered to be a single instrument or comments (§ 602.4) shall be written, produce the instrument, apparatus or apparatus and provided further that the typed or printed, in the English language accessory within the United States and applicant has ordered or, upon favorable and legible. Copies of relevant docu­ have it available without unreasonable action on its application, firmly intends ments, such as manufacturers’ specifica­ delay to the applicant. In determining to order the combination as a unit. tions, advertisements for bids, corre­ whether a U.S. manufacturer is able and (2) “Accessory” shall have the mean­ spondence relating to availability of willing to produce such instrument, ap­ ing which it has under normal commer­ instruments or apparatus or the like, paratus, or accessory and have it so cial usage. An accessory for which duty­ should be made a part of an applica­ available, the Administrator shall take free entry is sought under item 851.60 tion or comments, and be fully identified. into account the normal commercial shall be the subject of a separate appli­ Each copy should be permanent and legi­ practices applicable to the production cation when it is not an accompanying ble, and shall be attached as part of the and delivery of instruments, apparatus, accessory. response to the question to which it re­ or accessories of the same general (3) “Foreign instrument” shall mean lates. A document in a foreign language category. an instrument, apparatus or accessory shall be accompanied by an accurate (3) Custom-made. An instrument, ap­ for which duty-free entry is sought un­ translation. paratus or accessory shall be considered der item 851.60. However, “foreign in­ (d) Exclusion from duty-free entry to be custom-made if it is an instrument, strument” does not include repair com­ under Headnote 6(a). Certain articles apparatus, or accessory made to pur­ ponents, which enter under item 851.65. will be excluded from duty-free entry as chaser’s specifications. In determining (4) “Accompanying accessory” shall prescribed in 19 CPU 10.114(c). whether a domestic manufacturer is able mean an accessory for a foreign instru­ (e) Scientific equivalency. The deter­ to produce a custom-made instrument, ment that accompanies it in the same mination of scientific equivalency shall apparatus, or accessory as defined herein, shipment and that is necessary for ac­ be based on a comparison of the perti­ the Administrator shall take into account complishment of the purposes for which nent specifications of the foreign instru­ the production experiences of the do­ the foreign instrument is intended to be ment with similar pertinent specifica­ mestic manufacturer with respect to the used. Only one application shall be re­ tions of the most closely comparable types and complexity of products, the quired for a foreign instrument and its domestic instrument. The guaranteed extent of the technological gap between accompanying accessories. specifications for the foreign article will the instrument, apparatus or accessory (5) Unless context indicates other­ be considered in the comparison, includ­ to which the application relates and the wise, “article” shall mean a foreign ing any amendments to the guaranteed manufacturer’s customary products, and instrument and its accompanying specifications which have been inserted the availability of the professional and accessories. in the record. Similarly, the guaranteed technical skills, as well as manufacturing (6) ‘‘Domestic instrument” shall mean specifications for the most closely com­ experience, essential to bridging the gap an instrument, apparatus or accessory parable domestic instrument will be con­ and the time required by the domestic which is produced in the United States. sidered including any amendments to manufacturer to produce an instrument, (7) “Pertinent specification” of an in­ the guaranteed specifications which have apparatus or accessory to purchaser’s strument, apparatus or accessory shall been inserted in the record. In the com­ specifications. mean those structural, operational, per­ parison, the Administrator may consider (g) Excessive delivery time. Duty-free formance, and other characteristics spec­ any reasonable combination of domestic entry of the article shall be considered ified for the instrument, apparatus, or instruments and accessories as being justified without regard to whether there accessory that are necessary for the ac­ comparable to a foreign instrument that is being manufactured in the United complishment of the purposes described combines two or more functions in an States an instrument, apparatus or ac­ by the applicant in response to Question integrated unit, if the combination of cessory of equivalent scientific value for 7 of form BDSAF-768, “Request for domestic instruments and accessories is the purposes described in response to Duty-Free Entry of Scientific Instru­ capable of accomplishing the purposes Question 7, if the delay in obtaining such ments or Apparatus,” excluding from for which the foreign instrument is in­ domestic instrument, apparatus or ac­ consideration those purposes excluded tended to be used. If the Administrator cessory (as indicated by the difference by headnotes 1 or 6(a) to Part 4, Sched­ finds that at least one domestic instru­ between the delivery times quoted re­ ule 8, Tariff Schedules of the United ment or reasonable combination of do­ spectively by domestic manufacturer and States (TSUS). The term does not ex­ mestic instruments does possess all the foreign manufacturer) will seriously im­ tend to such characteristics as size, dura­ pertinent specifications of the foreign pair the accomplishment of the pur­ bility, complexity, or ease of operation, article, he shall find that there is being poses. In determining whether the differ­ ease of maintenance and versatility, un­ manufactured in the United States an ence in delivery times is excessive, the less the applicant can demonstrate that instrument of equivalent scientific value Administrator shall take into account the they are necessary for accomplishing to the foreign instrument for such pur­ relevancy of the applicant’s program to the purposes for which the article Is in- poses as described in the response to other research programs with respect to

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 RULES AND REGULATIONS 15789 timing, the applicant’s need to have such parameters, the specifications for the future time, for programs that may be instrument, apparatus., or accessory article shall identify the relevant param­ undertaken in some unspecified future available at the scheduled time for eters. In the case of produced-on-order period, shall not be considered in the the course(s) in which the article is in­ or custom-made instruments, apparatus comparison. tended to be used, and other relevant or accessories, the response to Question 5 (iii) Excessive delivery time. The ap­ circumstances. shall include a statement from the for­ plicant should set forth the shortest de­ (h) Entry and liquidation. Entry andeign manufacturer attesting to the de­ livery times quoted respectively by the liquidation procedures are prescribed in gree of compliance with purchaser’s manufacturer of the foreign article and 19 CFR 10.114(d). specifications. the manufacturer(s) of the equivalent (2) Question 6 {Serial number (s)). If domestic instrument or apparatus from § 602.2 Application for duty-free entry the serial numbers of the foreign instru­ the place of shipment to the site where of foreign instrument. ment and accompanying accessories are the instrument or apparatus is to be de­ (a) Additional requirements applica­ not known when the application is sub­ livered. The applicant should also state ble to applications. Business and Defense mitted, they shall be supplied in writing how the difference in the delivery times Services^ Administration Form 768 to the Administrator promptly when they quoted respectively by the foreign manu­ (BDSAF-768), “Request for duty-free become known to the applicant. facturer and domestic manufacturer(s) entry of scientific instruments and ap­ (3) Question 7 {Intended purposes). will seriously impair the purposes de­ paratus,” a sample of which is set forth The response to this question shall de­ scribed in response to Question 7. as Appendix A hereto and is hereby made scribe the intended purposes of the arti­ (5) Question 9 {Basis for response to a part hereof, shall be used in the prep­ cle in sufficient detail to permit identify­ Question 7). The response to this ques­ aration of an application. Seven copies ing each specification of the article that tion should indicate the efforts made by of the form shall be completed in accord­ is alleged to be pertinent with the par­ the applicant to ascertain whether there ance with paragraph (b) of this section. ticular purpose (s) and the related ob­ was being manufactured in the United Questions 1, 2, 3, 4, 6, and 10 of the form jective (s) for the accomplishment of States an instrument, apparatus, or ac­ shall be answered by an authorized fiscal which the specification is claimed to be cessory of equivalent scientific value to officer of the applicant institution; Ques­ necessary. If the article is intended to be the foreign article for the purposes de­ tions 5, 7, 8, and 9 shall be answered by used in both research and educational scribed in response to Question 7, as well the person in the applicant institution programs, the purposes and relevant ob­ as the reasons for the applicant’s selec­ under whose direction and control the jectives of each program shall be de­ tion of the particular type or model for foreign instrument will be used and who scribed separately. Programs that may be comparison with the article in response is thoroughly familiar with the specific undertaken in sbme unspecified future to Question 6b when more than one type program requiring an instrument, period shall not be considered in the or model of the same manufacturer was apparatus or accessory having the comparison. available. If domestic manufacturers pertinent specifications of the foreign (4) Question 8 {Justification for duty­ were afforded an opportunity to bid, the instrument. Two of such forms shall be free entry)—(i) No instrument, appara­ response to Question 9 should indicate executed in original by the aforemen­ tus, or accessory of the same general cat­ the manner in which such opportunity tioned persons; five shall be conformed egory is being manufactured in the was offered, such as formal invitation to copies. The seven completed copies of United States. The term “same general bid that included a description of appli­ the form, with the attachments required category” shall mean the category in cant’s technical requirements. Copies of to complete the form fully should be filed which an instrument, apparatus or ac­ any correspondence between the appli­ with the Commissioner of Customs, At­ cessory is customarily classified in trade cant and domestic manufacturers (in­ tention: Tariff Classification Rulings, directories and product-source lists cluding invitations to bid and replies Washington, D.C. 20226. (electron microscope, mass spectrome­ thereto) should be appended to Form (b) BDSAF-768. The applicant should ters, light microscopes, X-ray spectrom­ BDSAF-768. answer all applicable questions appearing eters, and the like). If any instrument, (6) Question 10 {Information on entry on BDSAF-768. The instructions set apparatus or accessory of the same gen­ of article). If the required information forth below are to be followed in com­ eral category is being manufactured in regarding the entry of the article is not pleting the form. Unless otherwise indi­ the United States, without regard to the available to the applicant at the time cated from context, terms used in the degree of comparability with the article, form BDSAF-768 is prepared, this infor­ form have the meanings defined in the applicant shall justify the non­ mation shall be transmitted promptly to § 602.1(b). equivalency of such instrument, appara­ the Administrator as soon as it becomes (1) Question 5 {Description of article). tus or accessory in accordance with sub­ known to the applicant. A single application (in the required division (ii) of this subparagraph. § 602.3 Review of the application by the number of copies) may be submitted for (ii) No instrument, apparatus, or ac­ Commissioner of Customs. any quantity of the same type or model cessory being manufactured in the United States is of equivalent scientific Applications will be processed by the of the foreign instrument, apparatus or Commissioner of Customs as set forth in accessory, provided that all of that quan­ value to the article for such purposes as described in respsone to Question 7. The 19 CFR 10.116. Applicants shall inform tity are intended to be used for all of the the Administrator of entry number, date purposes described in the response to comparison of the alleged pertinent specifications of the article shall be made of entry, port of entry, and the customs Question 7. If the purchase order includes district through which the foreign in­ different types or models of the same with similar specifications of the most closely comparable instrument being strument has been entered and the ap­ category of instrument, apparatus or ac­ plication number to which such entry cessory, a separate application shall be manufactured in the United States. The term “most closely comparable instru­ relates, as prescribed in 19 CFR 10.116 submitted for each type or model al­ (c). though all may be intended for the same ment” shall mean the domestic instru­ purposes. The specifications of the for­ ment (s) or apparatus and accessories § 602.4 Public notice of application and eign manufacturer or facsimile thereof that most closely fulfill the applicant’s opportunity to present views. shall be included in the response to Ques­ technical requirement described in" re­ (a) Publication of notice. Upon receipt tion 5. These specifications shall be in a sponse to Question 7, without regard to from the Commissioner of Customs of an form that permits comparison with cus­ differences in cost, design or structural characteristics. In making the compari­ application that has been found by him tomary specifications for comparable son only the article and accompanying to be in accordance with applicable regu­ domestic instruments, apparatus, or ac­ accessories described in response to lations, the Administrator shall assign it cessories. If the technical nature of the a docket number, subject to § 602.5(e), foreign instrument, apparatus, or acces­ Question 5 and the purposes described cause an appropriate notice to be pub­ in response to Question 7 shall be sory is such that the specifications for a lished in the F ederal R egister to afford Performance capability may vary accord­ considered. The planned purchase of ad­ reasonable opportunity for presentation ing to variations in test procedures, sam­ ditional accessories or the planned con­ of views with respect to the question ple material, sample size, and other version of the article at some unspecified “whether an instrument or apparatus of

FEDERAL REGISTER, VOL 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15790 RULES AND REGULATIONS equivalent scientific value for the pur­ sories) described in subparagraph (3) from any agency of the Government poses for which the article is intended to of this paragraph: or which he regards as having particular be used is being manufactured in the (ii) That although the instrument or competency in the field in question. United States.” (Headnote 6(c) to part 4 apparatus (accompanying accessory) (c) Additional information from par­ of Schedule 8.) The complete notice shall differs in design, it is nonetheless func­ ties. If it appears to the Administrator include the date on which’the Commis­ tionally equivalent (superior) because it that the information in the record is not sioner of Customs received the applica­ is as capable as or better than the article sufficient to enable him to render a de­ tion, the docket number and applicant’s in fulfilling the purpose(s) relevant to cision, if the action of denial without answer to Questions 1, 2, 5, and 7. The the specification; or prejudice (paragraph (e) of this section) date of the last day of the period for (iii) The specification is not pertinent appears to be inappropriate, and if it comment shall be 20 days after the date because it does not relate to one or more further appears that certain additional on which the notice of the application is purposes described by the applicant in specific factual information will cure the published unless a later date for such response to Question 7, being rather a insufficiency of the record, the Adminis­ last day is published in the notice. As convenience or representing personal trator in his discretion may request and soon as the notice of an application is preferences, cost factors and the like. place in the record such additional fac­ filed with the F ederal R egister, the Ad­ (5) Where the comments regarding tual information as he feels will enable ministrator shall make a copy of the ap­ subparagraph (4) (i) or (ii) of this para­ him to render a decision, from that party plication available for public review dur­ graph, relate to a particular accessory or those parties that appear best suited ing ordinary business hours. or optional device offered by the domes­ to provide the information. The Admin­ (b) Additional requirements appli­ tic manufacturer, cite the type, model, istrator may attach appropriate condi­ cable to comments. Persons who are or other catalog designation of the ac­ tions and time limitations upon the pro­ auhorized by Headnote 6(e) to appeal cessory or device and inolude the speci­ vision of such information, and may an'adverse finding to the Court of Cus­ fications therefor in the comments. draw appropriate inferences from the toms and Patent Appeals (hereinafter (6) Where the justification for duty­ failure of a party to provide the infor­ called “parties”) and who wish to com­ free entry is based on excessive delivery mation requested from him. The Admin­ ment must submit their views and com­ time, show whether istrator shall not, under this procedure, ments in one of the formats stated in (i) Such instruments or apparatus place arguments, explanations or recom­ paragraph (c) of this section. Views and are as a general rule either manufac­ mendations upon the record. The Admin­ comments from other interested persons tured for stock, produced on order, or istrator may also, in his discretion, and Government agencies will be re­ are custom-made; and . request from any party or parties to a ceived in any written form complying (ii) An instrument or apparatus of proceeding hereunder, and place in the with § 602.1(c); however, one of the for­ equivalent scientific value to the article, record, such additional affirmations as he mats of paragraph (c) of this section for the purposes described in response to deems necessary to enable him to render should be used if feasible. Any comment, Question 7 could have been produced a decision. to be placed upon the record, must be and delivered to the applicant within (d) Decision on the application. The submitted in three (3) copies and must a reasonable time following the receipt Administrator shall prepare a written de­ state the name and address of the per­ of the order. cision granting or denying the applica­ son submitting the comment and the ( 7 ) Indicate whether the applicant af - tion in whole or in part. The decision docket number of the application to forded the domestic manufacturer an shall be in the form of one or more find­ which the comment applies. Since each opportunity to furnish an instrument or ings stating whether an instrument or application file must be complete in it­ apparatus (accessories) of equivalent apparatus of equivalent scientific value self, a separate set of copies of a com­ scientific value to the article for the pur­ to the article for which duty-free entry ment must be furnished for each appli­ poses described in response to Question 7 is sought, for the purposes for which it cation to whibh the comment pertains, and, if such be the case, whether the is intended to be used, is or is not being even through the sets of copies per­ applicant submitted a formal invitation manufactured in the United States, and taining to two or more applicatons may to bid that included the technical re­ it shall include a statement of his rea­ be identical. Comments should be ad­ quirements of the applicant. sons for the finding (s). He shall trans­ dressed to the Administrator. mit the decision to the F ederal R egister § 602.5 Review and findings of the De­ for publication, to the Commissioner of (c) Formats for comments. Com­ partment o f Commerce. ments favoring the granting of an appli­ Customs, and to the applicant. At the cation should be in the form of supple­ (a) Effect of expiration of the period same time, he shall make a copy of the mentary answers to pertinent questions for comment. The Administrator shall record available, for public review. in § 602.2, and should avoid duplication assemble the application, and those com­ (Copies of materials received pursuant of the content of the application insofar ments meeting the requirements of to paragraphs (a) and (c) of this sec­ as is practicable. Comments opposing § 602.4(b), into a record. After the pe­ tion which were not entered in the rec­ the granting of an application should be riod, for comment, (§ 602.4(a)), has ord pursuant to this section shall also in the following form: ended, he shall not place explanations, be made available for public review. The arguments, or recommendations, other (1) State name and address of the Administrator may dispose of such ma­ party commenting. than those obtained from any selected terials at any time after final disposition Federal agency (ies) pursuant to para­ of the application.) Pursuant to 19 CFR (2) State the docket number of the graph (b) of this section, in the record 10.117, the Administrator shall notify the application to which the comment in any form. He shall treat written com­ district director of customs for the dis­ applies. ments received after the period for com­ trict in which entry of the merchandise (3) List instruments or apparatus ment has ended as offers to provide addi­ in question was made, or the Commis­ considered by the party to be scientifi­ tional information (see paragraph (c) of sioner of Customs if the district of entry cally equivalent to the foreign instru­ this section) to the extent that they is not known to the Administrator, of ment and its accompanying acces­ contain factual information, as con­ the final disposition of each application. sory (ies) and to be presently manufac­ trasted with arguments, explanations or If the Administrator thereafter receives tured in the United States. Provide per­ recommendations. notice from the applicant in accordance tinent specifications for instruments or (b) Administrator’s additions to the with 19 CFR 10.116(c), he shall then apparatus manufactured by the party. record. The Administrator may add to notify said district director of the final (4) Direct the comments to the appli­ the record such additional written fac­ disposition of the application. For pur­ cant’s response to Question 8 and, with tual information available within the Ex­ poses of this subsection, disposition of an respect to each specification of the arti­ ecutive Branch of the Government, and application shall be deemed final (1) cle (accompanying accessories) listed as such printed information generally when 20 days have elapsed after publica­ pertinent therein demonstrate— available to the public, as he deems ap­ tion of the decision in the F ederal R egis­ (i) That the specification can bepropriate and pertinent. He may also ter and no appeal has been taken pur­ equaled or exceeded with the instrument obtain for the record an opinion on any suant to § 602.1, or (2) if such appeal has or apparatus (accompanying acces- issue before him and reasons therefor been taken, when final judgment is made

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 RULES AND REGULATIONS 15791 and entered by the U.S. Court of Cus­ the space provided therefor in form □ Already placed a bona fide order for toms and Patent Appeals, BDSAF-768 the docket number of the the article ______(Date of order) (e) Denial without prejudice to resub­ the original application. If an applicant □ A firm intention, in event of favor­ mission. The Administrator may deny an fails, within the applicable time periods able action on this application to application without prejudice to its re­ specified above, to either (1) inform the place a bona fide order for the article submission but otherwise in accordance Administrator whether it intends to re­ within the time specified by law: submit another application for the same with paragraph (d) of this section, if 5. Description of the article and accom­ the application contains a deficiency article to which the denial without prej­ panying accessories, for which duty-free which, in his opinion, prevents its con­ udice to resubmission relates, or (2) re­ entry is requested (section 602.2(b) (1) ). sideration on its merits. The Administra­ submit the new application, the prior a. Commercially standard catalogued in­ tor shall state the deficiencies of the ap­ denial without prejudice to resubmis­ strument or apparatus (accessories) : plication in writing when making such sion shall have the effect of a final deci­ (1) Identify the article and each ac­ a denial. A copy of the notice of such sion by the Administrator on the companying accessory, according to the for­ denial shall be transmitted to the Secre­ application within the context of para­ eign manufacturer’s type or model number. graph (d) of this section. (2) Attach the foreign manufacturer’s tary of Health, Education, and Welfare literature, or facsimiles thereof, which de­ and the Commissioner of Customs. A In such cases, the Administrator shall scribe the article (accessories) and specifies copy shall also be transmitted to the dis­ transmit a summary of the prior denial the structural, operational, performance and trict director of Customs for the port of without prejudice to resubmission to the other characteristics of the article (acces­ entry concerned, if the information re­ sories) . F ederal R egister for publication; to the b. Special-order variant of standard cat­ quested in Question 10 of form BDSAF- Commissioner of Customs, and to the ap­ alogued instrument or apparatus, which has 768 has been furnished by the applicant plicant. At the same time, he shall make been significantly modified according to ap­ by the time the notice of denial without a copy of the record available for public plicant’s specifications, with respect to struc­ prejudice to resubmission was being pre­ review. tural, functional, and/or performance char­ pared. The applicant shall on or before acteristics. the 20th day following the date of Done at Washington, D.C., this 6th (1) Identify the article according to its such notice, inform the Administrator day of October 1969. standard nomenclature and foreign manu­ whether it intends to resubmit another Dated: September 12, 1969. facturer’s type or model number. application for the same article to which (2) Attach a copy of the applicant’s spec­ the denied application relates. The appli­ F orrest D. H ockersmith, ifications describing the required modifica­ Acting Administrator, Business tions. cant shall then resubmit the new ap­ (3) Attach a copy of the literature describ­ plication on or before the 90th day and Defense Services Admin­ ing the foreign article when sold as a stand­ following the date of the notice of denial istration. ard instrument or apparatus. without prejudice to resubmission, unless Dated: September 17,1969. (4) Indicate the extent to which each of an extension of time is granted by the the performance specifications applicable to Administrator in writing prior to the ex­ K enneth N. D avis, Jr., the standard instrument or apparatus have piration of the 90-day period. The re­ Assistant Secretary, Domestic been increased or decreased, if the modifica­ and International Business. tions resulted in a change in the original submitted application shall indicate in performance parameters. the space provided therefor in form Dated: October‘6, 1969. c. Article custom-made entirely to appli­ BDSAF-768 the docket number of the Eugene T. R ossides, cant’s specifications. original application. If the applicant (1) Attach a copy of applicant’s specifica­ fails, within the applicable time periods Assistant Secretary, Department of the Treasury. tions. specified above, to either (D inform the (2) Attach a statement from foreign man­ Administrator whether it intends to re­ Appen d ix A—Sam ple F orm BDSAF-768 ufacturer indicating whether the article ful­ submit another application for the same U.S. DEPARTMENT OP COMMERCE, BUSINESS. AND fills applicant’s specifications described in article to which the denial without prej­ ■ defense services administration, and (1) above, or the extent to which the article udice to resubmission relates, or (2)' TREASURY DEPARTMENT BUREAU OP CUSTOMS deviated from these specifications. resubmit the new application, the.prior 6. If known at the time the application Request for Duty-Free Entry of Scientific is submitted, furnish the serial number of denial without prejudice to resubmission Instruments or Apparatus shall have the effect of a final decision the article and each accompanying acces­ Mail application to: Bureau of Customs, sory described in item 6. If the serial num­ by the Administrator on the application Washington, D.C. 20226. bers are not furnished with the application, within the context of paragraph (d) of For use only by Bureau of Customs: they shall be supplied to the Administrator this section. In such a case, the Admin­ Date received by Customs______as soon as they become known to the appli­ istrator shall transmit a summary of the Customs’ application number_____ cant, identifying the docket number of the prior denial without prejudice to resub­ For use only by Department of Commerce: application to which the article (accessories) mission to the F ederal R egister for pub­ Docket number____ _ relate (section 602.2(b) (2) ). lication, to the Commissioner of Customs, TO BE COMPLETED BY APPLICANT 7. Purposes for which article (accessories) and to the applicant. At the same time, is intended to be used. N o t e : T o avoid delays in processing this a. Description of research purposes should he shall make a copy of the record avail­ application due to omission of essential in­ able for public review. include (section 602.2(b)(3)): formation, study the section of the regula­ (1) The identity of the materials or phe­ (f) Outstanding denials with preju­ tions cited for each item. Where detailed nomena to be studied. dice to resubmission. An applicant whose information is indicated, this should be fur­ (2) The properties of the materials or application has been denied without nished on separate sheets of paper. In addi­ tion to numbering the item to which the phenomena to be investigated. prejudice to resubmission prior to information is related, the applicant should (3) The experiments to be conducted. the effective date of the regulations in identify each sheet with the name of the (4) The objectives pursued in the course this part, and who has not formally institution and the article for which duty­ of the investigations. withdrawn the application shall on or free treatment is requested. (5) The techniques used in employing the before the twentieth day following the 1. Name of applicant institution______article (accessories) in achieving the objec­ effective date of the regulations in this 2. Address ______tives. part inform the Administrator whether (Street, City, State, Zip Code) b. Description of educational purposes 3. This is a nonprofit institution estab­ should include: it intends to submit another application lished for (check appropriate box) j for the same article to which the □ Scientific purposes. (1) Name and content of course(s) in denied application relates. The appli­ □ Educational purposes. which article (accessories) will be used. cant shall then resubmit the new ap­ 4a. This application is (check appropriate (2) Objectives of the course(s). plication on or before the ninetieth box): (3) Techniques used in employing article □ An original application. (accessories) in achieving educational objec­ day following the effective date of □ A resubmission of Docket N o.____ at tives. the regulations in this part. The re­ 4b. Applicant has (check appropriate 8. Justification for duty-free entry of submitted application shall indicate in box): article.

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15792 RULES AND REGULATIONS a. No instrument or apparatus of the same ( 1 ) Port of entry. clearly disclosing the foreign country of general category as the article is being manu­ (2) Date of entry. origin of the imported parts. factured in the United States (section (3) Entry number. 602.2(b)(4) (i)). b. If firm order has been placed for article (38 Stat. 717, as amended; 15 U.S.C. 41-58) b. No instrument or apparatus in the same subsequently to submitting this application, general category as the article, which is being the information regarding port of entry, Issued: October 13,1969. manufactured in the United States, is of date of entry and entry number should be By direction of the Commission.1 equivalent scientific value to the article for transmitted immediately following entry of the purposes described in item 7 (section the article to the Director,. Scientific Instru­ [seal] J oseph W. S hea, 602.2(4) (ii)). ment Evaluation Division, Business and Secretary. (1) Identify the domestic manufac­ Defense Services Administration, U.S. De­ [F.R. Doc. 69-12169; Filed, Oct. 13, 1969; turer (s) and the respective type or model partment of Commerce, Washington, D.C. number(s) of the instrument(s) or appara­ 20230. 8:45 a.m.] tus with which the article has been CERTIFICATION compared. (2) List the structural, performance and The applicant is informed and believes PART 15— ADMINISTRATIVE other characteristics of the article which are that no instrument or apparatus of equiva­ OPINIONS AND RULINGS not possessed by the most closely comparable lent scientific value, for the purposes stated domestic intetrument(s) or apparatus. in reply to question 7 above, is being manu­ Trade Association Code of Conduct factured in the United States. (3) Relate each characteristic listed in (3) Found Unobjectionable above to one or more purposes described in The above named applicants requests that item 7, by explaining why either (a) the this application for duty-free importation § 15.373 Trade association code of con­ availability of the characteristic permits you under Public Law 89-651 be approved and duct found unobjectionable. to accomplish the relevant purpose (s) that certifies that all statements in this applica­ otherwise could not be achieved without the tion are true or believed to be true; and fur­ (a) The Commission advised a trade characteristic or, (b) the characteristic per­ ther that these statements were made with association of shippers’ agents that the mits you to carry the relevant purpose(s) the knowledge that willful false statements aims of its proposed Code of Conduct further than can possibly be carried with the and the like so made are punishable by fine appear unobjectionable and that adher­ similar characteristic of the domestic instru­ or imprisonment, or both, under section 1001 of title 18 of the United States Code and that ence by members to its provisions should ment (s) or apparatus. not operate to effect any unreasonable c. Excessive delivery time, without regard such willful false statements may jeopardize to scientific equivalency of available domes­ the validity of the application or any duty­ restraints of trade so long as it is imple­ tic instrument (s) or apparatus (section free importation entered thereon. mented in a fair and nondiscriminatory 602.2(b) (4) (ill)).» Typed name and title of authorized fiscal manner. (1) State the shortest delivery time officer : (b) A “shippers’ agent”, as defined in quoted by any domestic manufacturer of an the Interstate Commerce Act (49 UJS.C.A. instrument or apparatus comparable to the (Signature) 1002(c)(2)) and the proposed Code, is foreign article, from place of shipment to Area code___ __ one whose operation consists solely of site where instrument or apparatus its to be Telephone number______“consolidating or distributing pool cars, delivered. Date______(2) State the delivery time quoted by the Typed name and title of official under whose [and] whose services and responsibili­ foreign manufacturer, from place of ship­ direction and control the foreign article ties to shippers in connection with such ment to site where article is to be delivered. will be used : operations are confined to the terminal (3) Explain why the delay in receiving a area in which such operations are per­ domestic instrument or apparatus of equiv­ (Signature) formed.” Under this provision of law a alent scientific value to the foreign article Area code___ __ shippers’ agent’s responsibility is con­ for the purposes described in item 7, shown Telephone number______fined to the consolidation of freight for by the difference between (1) and (2) above, Date_;______would seriously impair the achievement of proper shipment. He does not “break these purposes. [F.R. Doc. 69-12259; Filed, Oct. 13, 1969; bulk” nor is he responsible for the ulti­ 9. Description of efforts made by applicant 8:49 a.m.] mate distribution of freight. Were he to to ascertain the availablity of a domestic in­ engage in this latter activity he would, strument or apparatus of equivalent scien­ by definition, no longer be a shippers’ tific purposes to the foreign article, for the agent eligible for association member­ purposes described in item 7 (section 602.2(b) (5)). Title 16— COMMERCIAL ship. According to the requesting party a. List names of domestic manufacturers the Code is intended primarily as a pre­ contacted and indicate whether: PRACTICES ventive measure to assure that members (1) Domestic manufacturer(s) was (were) will conduct their business operations furnished with a description of your techni­ Chapter I— Federal Trade Commission within the Act’s limitations. cal requirements, such as presented in item PART 15— ADMINISTRATIVE (c) One provision of the code requires 7. that members indicate, in advertising (2) Domestic manufacturer(s) was (were) OPINIONS AND RULINGS requested to bid on an instrument or appara­ and elsewhere, that their services and tus in the same technologically competitive Use of “Made in U.S.A.” Label responsibilities to shippers are confined class as the article (i.e., one capable of fulfill­ § 15.372 Use of “Made in U.S.A.” label. to the terminal area in which they oper­ ing the performance and other relevant spec­ ate. This follows the limitation of the ifications of the article) without reference (a) The Commission rendered an ad­ Act and if adhered to by members, will to cost limitations, instructed to bid with visory opinion to a manufacturer of op­ Serve to truthfully inform shipper-cus­ reference to stipulated limitations on the tical lens systems in regard to the label­ tomers concerning this status. cost of the instrument or apparatus. ing of its products as “Made in U.S.A.” (3) Domestic manufacturer(s) replied to (d) Another provision requires that a the invitation to bid with an offer to furnish (b) Specifically, the company wanted member shall avoid any action or state­ either (a) a standard catalogued instrument to know what percentage of imported ment which could be construed as im­ or apparatus, or (b) to modify a standard components a product could contain and puting to him a common carrier status catalogued instrument or apparatus to the still be properly labeled as “Made in or a status other than that embodied in extent necessary to meet the applicant’s U.S.A.” the Act. This assures that members do technical requirements. (c) In the advisory opinion which was not falsely imply to shippers that they b. If no domestic manufacturers were con­ take a greater responsibility for the ship­ tacted prior to deciding to purchase the rendered, the Commission stated that it ment and distribution of freight than is article, indicate the basis for concluding that would construe a “Made in U.S.A.” mark none of the instruments or apparatus in the permitted by their status under the Act. same general category as the article, which as an affirmative representation that the (e) Other provisions provide in gen­ were being manufactured in the United product is entirely of domestic origin. eral terms that the members conduct States, was scientifically equivalent to the Concluding its opinion, the Commission shall be characterized by “candor and article for the purposes described in item 7. said that it would be improper to use such 10. Entry of article (section 602.2(b)(6)). 1 Dissenting opinions of Commissioners a. If article had been entered prior to sub­ a mark where the finished product con­ Elman and Nicholson filed as part of original mitting this application, indicate— tains imported components without document.

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 RULES AND REGULATIONS 15793 fairness” in their relationships among safe and effective use in the feed of themselves and with the public, and that Title 21— FOOD AND DRUGS turkeys for specified conditions. Pending they shall properly discharge their obli­ recodification of previously established gations and duties to the shippers who Chapter I— Food and Drug Adminis­ regulations in Part 121 under regulations employ them. tration, Department of Health, Edu­ to be established under the provisions of (f ) It is a condition to membership in cation, and Welfare section 512(1) of the Federal Pood, Drug, the Association that a shippers’ agent and Cosmetic Act, this order is in ac­ agrees to subscribe to and abide by the SUBCHAPTER B— FOOD AND FOOD PRODUCTS cordance with § 3.517 New animal Code. Repeated failure to discharge his PART 121— FOOD ADDITIVES drugs; transitional provisions re section obligations thereunder will, upon notice 512 of the Act. and a probationary period, constitute Subpart C— Food Additives Permitted Therefore, pursuant to the provisions cause for expulsion of an offending mem­ in the Feed and Drinking Water of of the act (sec. 512(i), 82 Stat. 347; 21 ber by the Board of Directors of the Animals or for the Treatment of U.S.C. 360b(i)), in accordance with Food-Producing Animals § 3.517 (34 FJt. 13413), and under au­ Association. Such expelled member may, thority delegated to the Commissioner however, exercise his right of appeal Carbarsone (Not U.S.P.), Zoalene (21 CPR 2.120), Part 121 is amended as before the full membership. The Commissioner of Pood and Drugs, follows: (g) While the Code contains provisions having evaluated the information sub­ 1. Section 121.207(c) is amended by restricting the business operations of mitted in an application (38-879V) filed redesignating item 1 in the table as item members, it appears from the materials by Whitmoyer Laboratories, 19 North 1.1 and by adding thereafter item 1.2, submitted that the purpose of these re­ Railroad Street, Meyerstown, Pa. 17067, as follows: strictions is to insure that members re­ and other relevant material, concludes § 121.207 Zoalene. main within the Act’s limitations and that the regulations pertaining to car­ barsone (not U.S.P.) and zoalene * * respect the confidential agency status should be amended to provide for their (c) * * * created in their dealings with shipper- Zoalene in Complete F eeds fob Chickens and T urkeys customers. The purpose is also to encour­ age Association members voluntarily to Principal Grams per Combined with— Grams per Limitations Indication for use refrain from unfair or deceptive prac­ ingredient ton ton tices. In this context there is a greater 1.1 Zoalene__ ♦ * * * * * * * * •* * * • * • * public interest in protecting shippers 1.2 Zoalene__ .. 113.5-170.3 Carbarsone (not 227-340.5 For turkeys grown for Prevention and control (0.0125%- U.S.P.) (0.025%- meat purposes only; of coccidiosis; aid from dishonest shippers’ agents than 0.01875%) 0.0375%) feed continuously in the prevention of there is in condemning the minimal re­ beginning 2 weeks blackhead. before blackhead and straints that might result from applica­ coccidiosis are expected and continue tion of the Code. as long as prevention (h) Undoubtedly, unreasonable and of blackhead and pre­ vention and control therefore unlawful restraints might re­ of coccidiosis is needed; withdraw 5 sult if an Association member is arbi­ days before slaughter; trarily or improperly expelled from mem­ as sole source of organic arsenic. bership, but the Commission believes that • * * * * * * • • there is ample public interest in effec­ tively encouraging Association members ****** * to refrain from the clearly pernicious 2. Section 121.310(b) is amended by revising the table, as follows: practices condemned by the Code: On § 121.310 Carbarsone (not U.S.P.). the assumption that'the Code will be ** * * * * * administered in such a way as to pro­ (b) * * * mote this end, and not so as to place un­ Carbarsone in Complete T urkey F eed reasonable restraint on the ability of Principal Grams per Combined with— Grams per Limitations Indications for use members to do business, the provision ingredient ton ton permitting the Association to expel non- conforming members is approved. 1. Carbarsone.. 227-340.5 ...... • • For turkeys; feed con­ For use as an aid in (0.025%- tinuously beginning the prevention of (i) The Commission also noted that it 0.0376%) 2 weeks before black­ blackhead. had confined itself in its opinion to so head is expected and continue as long as much of the request as falls within its prevention is needed; withdraw 5 days be­ jurisdiction. The extent, if any, to which fore slaughter; as sole another governmental agency may be source of organic ar­ senic. concerned with the Association’s activity 2. Carbarsone..._ 227-340.5 Zoalene...... 113.5-170.3 For turkeys grown for Prevention and con­ (0.025%- (0.0125%- meat purposes only; trol of coccidiosis; is a matter to be determined by refer­ 0.0375%) 0.01875%) feed continuously be­ aid In the preven­ ence to that agency. ginning 2 weeks be­ tion of blackhead. fore blackhead and (38 Stat. 717, as amended; 15 U.S.C. 41-48) coccidiosis are ex­ pected and continue Issued: October 13, 1969. as long as prevention of blackhead and pre* By direction of the Commission. . vention and control of coccidiosis are needed; withdraw 6 [seal] Joseph W. S hea, days before slaughter; Secretary. as sole source of or­ \VM. Doc. 69-12170; Piled, Oct. 13, 1969; ganic arsenic. 8:45 a.m.] * * • * * « •

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15794 RULES AND REGULATIONS

Any person who will be adversely (b) * * * The provisions of section 4 of the affected by the foregoing order may at List of substances Limitations Administrative Procedure Act (5 U.S.C. any time within 30 days from the date * * * * * * 553) which require notice and opportu­ of its publication in the F ederal R egis­ 4,4'-Methylenedi- As a curing agent. nity for public participation in proposed ter file with the Hearing Clerk, Depart­ aniline. rule making and delays in effective date ment of Health, Education, and Welfare, * * * * * ♦ in applying rules, are not applicable Room 5440, 330 Independence Avenue * * * * * because the revision contains only in­ SW , Washington, D.C. 20201, written Any person who will be adversely af­ terpretative rules. Moreover, such pro­ objections thereto, preferably in quin- fected by the foregoing order may at any cedures would serve no useful purpose tuplicate. Objections shall show wherein time within 30 days from the date of its here. This revision shall become effective the person filing will be adversely affected publication in the F ederal R egister file immediately. by the order and specify with particular­ with the Hearing Clerk, Department of The revised 29 CFR Part 788 reads as ity the provisions of the order deemed Health, Education, and Welfare, Room follows : bbjectionable and the grounds for the 5440, 330 Independence Avenue SW., Sec. objections. If a hearing is requested, Washington, D.C. 20201, written objec­ 788.1 Statutory provisions. the objections must state the issues for tions thereto, preferably in quintuplicate. 788.2 Matters not discussed in this part. the hearing. A hearing will be granted Objections shall show wherein the per­ 788.3 Purpose of this part. if the objections are supported by son filing will be adversely affected by 788.4 Significance of official interpreta­ grounds legally sufficient to justify the the order and specify with particularity tions. relief sought. Objections may be accom­ 788.5 Reliance on official interpretations. the provisions of the order deemed ob­ 788.6 Scope of the section 13(a) (13) panied by a memorandum or brief in jectionable and the grounds for the ob­ exemption. support thereof. jections. If a hearing is requested, the 788.7 "Planting or tending trees.” Effective date. This order shall become objections must state the issues for the 788.8 “Cruising, surveying, or felling effective on the date of its publication hearing. A hearing will be granted if the timber.” 788.9 “Preparing * * * logs.” in the F ederal R egister. objections are supported by grounds legally sufficient to justify the relief 788.10 “Preparing * * * other forestry (Sec. 512(i), 82 Stat. 347; 21 U.S.C. 360b(i)) products.” sought. Objections may be accompanied 788.11 “Transporting [such] products to Dated: October 6,1969. by a memorandum or brief in support the mill, processing plant, railroad, thereof. R. E. D uggan, or other transportation terminal.” Acting Associate Commissioner 788.12 Limitation of exemption to specific Effective date. This order shall become operations in which “number of for Compliance. effective on the date of its publication in employees * * * does not exceed [F.R. Doc. 69-12215; Filed, Oct. 13, 1969; the F ederal R egister. eight.” 8:45 a.m.] (Sec. 409(c) (1), 72 Stat. 1786; 21 U.S.C. 348 788.13 Counting the eight employees. (c)(1 )) 788.14 Number employed in other than specified operations. PART 121— FOOD ADDITIVES Dated: October 3, 1969. 788.15 Multiple crews. 788.16 Employment relationship. Subpart F— Food Additives Resulting R. E. D uggan, 788.17 Employees employed in both exempt Acting Associate Commissioner and nonexempt work. From Contact With Containers or for Compliance. Equipment and Food Additives Au t h o r it y : The provisions of this Part [F.R. Doc. 69-12216; Filed, Oct. 13, 1969; 788 issued under secs. 1-19, 52 Stat. 1060, as Otherwise Affecting Food 8:45 a.m.] amended; 29 U.S.C. 201-219. P olyurethane R esins § 788.1 Statutory provisions. The Commissioner of Food and Drugs, Section 13(a) (13) of the Fair Labor having evaluated the data in a petition Title 29— LABOR Standards Act of 1938, as amended, pro­ (FAP 9B2419) filed by The Goodyear Tire vides an exemption from the minimum & Rubber Co., 142 Goodyear Boulevard, Chapter V— Wage and Hour Division, wage and overtime requirements of the Akron, Ohio 44316, and other relevant Department of Labor Act, as follows: material, concludes that the food addi­ tive regulations should be amended to SUBCHAPTER B— STATEMENTS OF GENERAL POL­ The provisions of sections 6 and 7 shall provide for the safe use of 4,4'-methyl- ICY OR INTERPRETATIONS NOT DIRECTLY RE­ not apply with respect to * * * any em­ LATED TO REGULATIONS ployee employed in planting or tending trees, enebisicyclohexyl isocyanate) as a re­ cruising, surveying, or felling timber, or in actant and 4,4'-methylenedianiline as a PART 788— FORESTRY OR LOGGING preparing or transporting logs or other for­ curing agent in the preparation of polyu­ OPERATIONS IN WHICH NOT MORE estry products to the mill, processing plant, rethane resins for use in contact with dry THAN EIGHJ EMPLOYEES ARE railroad, or other transportation terminal, if bulk food. Therefore, pursuant to the the number of employees employed by his provisions of the Federal Food, Drug, EMPLOYED employer in such forestry or lumbering oper­ and Cosmetic Act (sec. 409(0(1), 72 Part 788 of Title 29 of the Code of ations does not exceed eight. Stat. 1786; 21 U.S.C. 348(c) (1)) and un­ Federal Regulations is hereby revised as This exemption, formerly s e c t i o n der authority delegated to the Commis­ set forth below in order to adapt it to 13(a) (15) of the Act, was amended by sioner (21 CFR 2.120), § 121.2522 is the requirements for exemption of forest­ the Fair Labor Standards Amendments ry or logging operations from the mini­ amended by alphabetically inserting a of 1966 (80 Stat. 830) to change the num­ mum wage and overtime provisions of ber of employees limitation from 12 to new item in paragraph (a) (1) and the Fair Labor Standards Act of 1938 another in paragraph (b), as follows: (29 U.S.C. 201 et seq.) as amended by eight, and to redesignate it as section 13(a)(13). § 121.2522 - Polyurethane resins. the Fair Labor Standards Amendments * * * * * of 1966 (sec. 208, 215, 80 Stat. 836, 837). § 788.2 Matters not discussed in this The revision consists principally of clar­ part. (a) * * * ification of statutory references in order (1) Isocyanates: to conform to the legislative changes The exemption in section 13(a) (13) of * * * * * made in the provision of the Act es­ the Act need not be considered unless the 4,4'-Methylenebis(cyclohexyl isocyanate), tablishing this exemption, and other employee is “engaged in commerce or * * * * * changes of an editorial nature. the production of goods for commerce”

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 RULES AND REGULATIONS 15795 or is employed in an “enterprise en­ (C.A. 3), 18 WH Cases 878; Gatlin Lum­ include operations which change the gaged in commerce or in the production ber Co. v. Mitchell, 287 P. (2d) 76 (C A natural physical or chemical condition of goods for commerce,” as those words 5) cert, denied, 366 U.S. 963.) By its of the products or which amount to ex­ are defined in the Act, so as to come terms, the exemption is limited to those tracting as distinguished from gathering, within the general scope of sections 6 employed in the named operations by an such as shelling nuts, or mashing berries and 7. The principles of coverage are dis­ employer who employs not more than to obtain juices. cussed in Part 776 of this chapter and the eight employees therein. The named op­ § 788.11 “Transporting [such] prod­ discussion will not be repeated in this erations are described in terms of ordi­ ucts to the mill, processing plant, part. Neither does this part discuss the nary speech and mean what they mean in railroad, or other transportation exemptions provided in sections 13(a) (6) ordinary intercourse in this context. terminal.” and 13(b) (12), or section 3(f) which in­ These operations include the incidental cludes in the definition of agriculture activities normally performed by persons The transportation or movement of forestry or lumbering operations per­ employed in them, but do not include logs or other forestry products to a “mill, formed by a farmer or on a farm as an mill operations. processing plant, railroad, or other trans­ portation terminal” is among the de­ incident to or in conjunction with certain § 788.7 “Planting or tending trees.” farming operations. (See Part 780 of this scribed operations.-Loading and unload­ chapter.) Employees employed in “planting or ing, when performed by employees tending trees” include those engaged in employed in the named operations, are § 788.3 Purpose o f this part. “seeding, planting seedlings, pruning, included as exempt operations. Loading The purpose of this part is to make weeding, preparing firebreaks, removing logs or other forestry products onto rail­ available in one place the views of the rot or rusts, spraying, and similar opera­ road cars or other transportation facil­ Department of Labor with respect to the tions when the object is to bring about, ities for further shipment if performed as application and meaning of the provi­ protect, or foster the growth of trees.” part of the exempt transportation will sions' of section 13(a) (13) of the Act “Tending trees” would also include be considered a step in the exempt trans­ which will provide “a practical guide to watching the timberland to guard portation (Woods Lumber Co. v. Tobin, employers and employees as to how the against thefts and fire (Gatlin Lumber 199 F, (2d) 455 (C.A. 5 )). However, any office representing the public interest in Co. v. Mitchell, 287 P. (2d) 76, cert. den. other loading, transportation, or other enforcement of the law will seek to apply 366 U.S. 963). activities performed in connection with the logs or other forestry products after it” (Skidmore v. Swift & Co., 324 U.S. § 788.8 “Cruising, surveying, or felling 134). they have been unloaded at one of the timber.” described destinations is not exempt. § 788.4 Significance of official interpre­ Employees engaged in “cruising “Other transportation terminal” refers tations. * * * timber” include all those members to any place where there are established The interpretations contained in this of a field crew whose purpose is to esti­ facilities or equipment for the shipment part indicate, with respect to section mate and report on the volume of mar­ or transportation of logs or other forestry 13(a) (13) of the Act which refers to ketable timber. Employees engaged in products. Motor carrier yards, docks, small forestry or lumbering operations, “surveying * * * timber” include the wharves, or similar facilities are exam­ the construction of the law which the customary members of a crew accom­ ples of other transportation terminals, Secretary of Labor and the Administra­ plishing that function such as the chain- but the place where logs are picked up tor believe to be correct and which will men, the transit men, the fodmen, and by contract motor carriers or haulers guide them in the performance of their the axmen who clear the ground of brush at the site of the woods operations for duties under the Act unless and until or trees in order that the transit men transportation to the mill, processing they are otherwise directed by authori­ may obtain a clear sight. Similarly, the plant, or railroad is not such a terminal. tative decisions of the courts or conclude, usual members of a crew which go to upon reexamination of an interpretation, § 788.12 Limitation of exemption to the woods for the purpose of felling specific operations in which “number that it is incorrect. timber and preparing and transporting of employees * * * does not exceed § 788.5 Reliance on official interpreta­ logs are engaged in operations described eight.” tions. in the exemption. Typically included, when members of such a crew, are fell­ Regardless of his duties, no employee Under section 10 of the Portal-to- ers, limbers, skidders, buckers, loaders, is exempt under section 13(a) (13) un­ Portal Act of 1947 (29 U.S.C. 259), official swampers, scalers, and log truck drivers. less "the number of employees employed interpretations issued under the Pair by his employer in such forestry or lum­ Labor Standards Act of 1938 may, under § 788.9 “Preparing * * * logs.” bering operations does not exceed eight.” certain circumstances, be controlling in Preparing logs includes, where ap­ § 788.13 Counting the eight employees. determining the rights and liabilities of propriate, removing the limbs and top, employers and employees. The interpre­ cutting them into lengths, removing the The determination of the number of tations of the law contained in this part bark, and splitting or facing them when employees employed in the named opera­ are official interpretations on which re­ done at the felling site, but does not. tions is to be made on an occupational liance may be placed as provided in sec­ include such operations when done at and a workweek basis. Thus the exemp­ tion 10 of the Portal-to-Portal Act so a mill. Employees engaged in sawmill, tion will be available in one workweek long as they remain effective and are not tie mill, and other operations in connec­ when eight or less employees are em­ modified, rescinded, or determined by tion with the processing of logs, such as ployed in the exempt operations and not judicial authority to be incorrect. How­ the production of lumber, are not exempt. in another workweek when more than ever, the failure to discuss a particular that number are so employed. For a dis­ problem in this part or in the interpreta­ § 788.10 “Preparing * * * other for­ cussion of the term “workweek” see Part tions supplementing it should not be estry products.” 778 of this chapter. The exemption will taken to indicate the adoption of any As used in the exemption, “other for­ not be defeated, however, if one or more position by the Secretary of Labor or the estry products” mean plants of the forest of the eight employees so engaged is Administrator with respect to such prob­ and the natural properties or substances replaced during the workweek, for exam­ lem or to constitute an administrative of such plants and trees. Included among ple, by reason of illness. But if additional interpretation or practice or enforcement these are decorative greens such as holly, employees are employed during the policy. ferns and Christmas trees, roots, stems, workweek in the named operations, even §788.6 Scope of the section 13(a) (13) leaves, Spanish moss, wild fruit, and if they work on a different shift, the exemption. brush. Gathering and preparing such exemption would no longer be available forestry products as well as transporting Employees will not be held exempt them to the mill, processing plant, rail­ if the total number exceed eight. Simi­ under section 13(a) (13) unless they are road, or other transportation terminal larly, all of an employer’s employees clearly shown to come within its terihs. are among the described operations. Pre­ employed in any workweek in the named (Wirtz v. P. M. Sloan Co., 411 P. (2d) 56 paring such forestry products does not operations must be counted in the eight

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 No. 197------3 15796 RULES AND REGULATIONS regardless of where the work is per­ and operated business. If the number of §788.17 Employees employed in both formed or how it is divided. Thus if an employees in such a truly and independ­ exem pt and nonexempt work. employer employs four employees in ently owned and operated business does The exemption for an employee em­ felling timber and preparing logs at one not exceed eight, the exemption will ployed in exempt work will be defeated location and five at another location in apply. On the other hand, the Secretary in any workweek in which he performs those operations, the exemption would and the Administrator will assume that a substantial amount of nonexempt work! not be available. Similarly, if he employs the courts will be reluctant to approve For enforcement purposes nonexempt six employees in such operations and as bona fide a plan by which an employer work will be considered substantial in three other employees in transportation of a large number of woods employees amount if more than 20 percent of the work as discussed in § 788.11, the exemp­ splits his employees into several allegedly time worked by the employee in a given tion could not apply. Under such circum­ “independent businesses” in order to work-week is devoted to such work. stances he would be employing more take advantage of the exemption. Where the two types of work cannot be than eight employees in the named oper­ § 788.16 Employment relationship. segreated, however, so as to permit sep­ ations. The fact that some of these em* (a) The Supreme Court has made it arate measurement of the time spent in ployees may not be engaged in com­ each, the employee will not be exempt. merce or the production of goods for clear that there is no single rule or test commerce or may be engaged in other for determining whether and individual (52 Stat. 1060, as amended; 29 U.S.C. 201- exempt operations will not affect these is an employee or an independent con­ 219 and Secretary’s Order No. 19-67 (32 F r . conclusions (Woods Lumber Co. v. Tobin, tractor, but that the “total situation con­ 12980)) 199 F. (2d) 455 (C.A. 5 )). Except for trols” (see Rutherford Food Corp. v. Signed at Washington, D.C. this 8th replacements, therefore, all of an em­ McComb, 331 U.S. 722; United States v. day of October 1969. ployer’s employees employed in the Silk, 331 U.S. 704; Harrison v. Grey van named operations in a workweek must Lines, 331 U.S. 704; Bartels v. Birming­ R obert D. Moran, be counted, regardless of where they per­ ham, 332 U.S. 126). In general an em­ Administrator, Wage and Hour form their work or in which of the ployee, as distinguished from a person and Public Contracts Divisions. named operations or combinations of who is engaged in a business of his own, [F.R. Doc. 69-12269; Filed, Oct. 13, 1969; such operations they are employed. The is one who “follows the usual path of an 8:50 a.m.] length of time an employee is employed employee” and is dependent on the busi­ in the named operations during a work­ ness which he serves. As an aid in assess­ week is also immaterial for the purpose ing the total situation the Court men­ of applying the numerical limitation. tioned some of the characteristics of the Title 32— NATIONAL DEFENSE two classifications which should be con­ Thus, even if an employee would not Chapter V— Department of the Army himself be exempt because he is en­ sidered. Among these are : The extent to gaged substantially in nonexempt work which the services rendered are an in­ SUBCHAPTER F— PERSONNEL (see § 788.17), nevertheless, if, as a regu­ tegral part of the principal’s business, the lar part of his duties, he is also engaged permanency of the relationship, the PART 577— MEDICAL AND DENTAL in the operations named in the exemp­ opportunities for profit or loss, the initia­ ATTENDANCE tive, judgment or foresight exercised by tion, he must be counted in determining Dependents’ Medical Care whether the eight employee limitation is the one who performs the services, the, satisfied. amount of investment, and the degree Section 577.71 is revised to read as of control which the principal has in the follows: § 788.14 Number employed in other situation. The Court specifically rejected « than specified operations. the degree of control retained by the § 577.71 Civilian facilities which have principal as the sole criterion to be been identified by the Department of The exemption is available to an em­ Defense as practicing discrimination ployer, however, even if he has a total applied. in the admission and/or treatment of of nine or more employees, if only eight (b) At least in one situation it is possi­ patients. of them or less are employed in the ble to be specific: (1) Where the saw­ mill or concentration yard to which the named operations. Thus if such an em­ Effective date Effective ployer employs only eight employees in products are delivered owns the land or Hospital of ineligibil­ date eligibil­ the named operations and others in the appropriation rights to the timber ity ity restored operations not named in the exemption, or other forestry products, (2) the crew such as sawmill operations, the exemp­ boss has no very substantial investment Choctaw County General Hospital, Butler, Ala__. Oct. 16,1968 Nov. 19,1968 tion is not defeated because of the fact in tools or machinery used, and (3) the Fifth Avenue General that he employs more than eight em­ crew does not transfer its relationship Hospital, Huntsville, as a unit from one sawmill or concen­ Ala______. Oct. 16,1968 ployees altogether. It will not apply, how­ St. Francis Hospital, ever, to those engaged in the operations tration yard to another, the crew boss Monroe, La—...... Oct. 16,1968 Nov. 4,1968 not named in the exemption. and the employees working under him Greenwood Leflore Hos­ will be considered employees of the saw­ pital, Greenwood, Miss... Oct. 16,1968 Apr. 9,1969 § 788.15 Multiple crews. Covington County Hos­ mill or concentration yard. Other situa­ pital, Collins, Miss...... Oct. 16,1968 In many cases an employer who oper­ tions, where one or more of these three East Bolivar County Hospital, Cleveland, ates a sawmill or concentration yard factors is not present, will be considered Miss______.____. Oct. 16,1968 Oct. Y 25,1968 will be supplied with logs or other for­ as they arise on the basis of the criteria Tuomey Hospital, Sumter, S.C—...... Oct. 16,1968 Dec. 16,1968 estry products by several crews of per­ mentioned in paragraph (a) of this sec­ Hampton General Hos­ sons who are engaged in the named op­ tion. Where all of these three criteria are pital, Varnsville, S.C__ . Nov. 16,1968 Jan. 6,1969 erations. Frequently some or all of such present, however, it will make no differ­ crews, separately considered, do not em­ ence if the crew boss receives the entire [C 2, AR 40-121, Sept. 9, 1969] (Sec. 3012, ploy more than eight persons but the compensation for the production from 70A Stat. 157, secs. 1071-1085, 72 Stat. 1445- total number of such employees is in the sawmill or concentration yard and 1450; 10 U.S.C. 1071^-1085, 3012) excess of eight. Whether the exemption distributes it in any way he chooses to For the Adjutant General. will apply to the members of the indi­ the crew members. Similarly, it will make vidual crews which do not exceed eight no difference if the hiring, firing, and H arold S haron, will depend on whether they are em­ supervising of the crew members is left Chief, Legislative and Precedent ployees of the sawmill or concentration in the hands of the drew boss. (See Tobin Branch, Management Divi­ yard to which the logs or other forestry v. LaDuke, 190 F. (2d) 677 (C.A. 9); Tobin sion, TAGO. products are delivered or whether each v. Anthony-Williams Mfg. Co., 196 F. [F.R. Doc. 69-12210; Filed, Oct. 13, 1969; such crew is a truly independently owned (2d) 547 (C.A. 8).) 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 RULES AND REGULATIONS 15797

Subpart K— Grants To Improve Quality of Nursing lands, the Canal Zone, Guam, American Title 33— NAVIGATION AND Education Samoa, or the Trust Territory of the Sec. Pacific Islands. 57.1001 Definitions. NAVIGABLE WATERS 57.1002 Eligibility. § 57.1003 Application. 57.1003 Application. Chapter II-— Corps of Engineers, 57.1004 Assurances required. Each school desiring a special project Department of the Army 57.1005 Determination of number of stu­ grant or an institutional grant shall sub­ dents and number of graduates. mit an application in such form and at PART 207— NAVIGATION 57.1006 Grant awards. such time as the Secretary may require. REGULATIONS 57.1007 Amount of grants. Such application shall be executed by an 57.1008 Expenditure of grant funds. individual authorized to act for the ap­ Gulf Jntracoastal Waterway, Tex. 57.1009 Nondiscrimination. plicant and to assume on behalf of the 57.1010 Payments. applicant the obligations imposed by the Pursuant to the provisions of section 7 57.1011 Records, reports, inspection. of the River and Harbor Act of August 8, 57.1012 Termination of grants or withhold­ terms and conditions of any award, in­ 1917 (40 Stat. 266; 33 U.S.C. 1), § 207.187 ing of payments. cluding the regulations of this subpart. governing the operation of the Brazos (a) Special project grants. An applica­ Au th o rity : The provisions of this Subpart tion for a special project grant shall River Floodgates and the Colorado River K issued under secs. 215, 806(c) (1), Public Locks on the. Gulf Intracoastal Water­ Health Service Act as amended, 58 Sta/t. 690, specify the purposes for which the appli­ way, Tex., are hereby amended revoking 82 Stat. 782; 42 TJ.S.C, 216, 296e(e) (1). cation is made, in accordance with the paragraph (c) (5) effective upon publica­ provisions of section 805 (a) of the Act, tion in the F ederal R egister as follows : Subpart K— Grants To Improve and shall include a plan describing the Quality of Nursing Education manner and method by which all funds § 207.187 Gulf Intracoastal Waterway, granted will be utilized to carry out the Tex. ; special floodgate, lock and nav­ § 57.1001 Definitions. specified purposes. igation regulations. As used in this subpart, the following

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15798 RULES AND REGULATIONS increased enrollment, it shall so indicate June 30, 1968, the increase in enrollment (b) Institutional grants. The amount in its application and shall in its appli­ of full-time first-year students shall be of each institutional grant shall be an cation state the reasons why the required the number by which the school’s first- amount computed in accordance with increase in first-year enrollment of full­ year enrollment for the first school section 806 of the Act. time students in such school cannot, be­ year beginning after the year in which cause of limitations of physical facilities the grant is made exceeds the average § 57.1008 Expenditure of grant funds. available to the school for training, be of the first-year enrollments in such (a) Special project grants: Special accomplished without lowering the qual­ school for the 2 school years having project grant funds may be expended ity of training for such students. the highest such enrollment during such only to carry out the purposes of the (c) The Secretary may in individualperiod. special project plan set forth in the cases require additional assurances where (2) Where a school had a first-year school’s application as approved by the he finds that such additions are neces­ class in only 1 of the 5 school years Secretary after consultation with the sary to carry out the purposes of the during such period, the increase in en­ Council, but may not be expended for the Act. rollment of full-time first-year students purposes listed in paragraph (c) of this § 57.1005 Determination of number of shall be the number by which the school’s section. Any unobligated special project students and number of graduates. first-year enrollment for the first school funds remaining in the grant account year beginning after the year in which at the close of a budget year will be car­ (a) For purposes of this subpart, the the grant is made exceeds the first-year ried forward and will be available for number of full-time students enrolled in enrollment in such school for such single obligation during subsequent budget a school, or the number of full-time first- year. years of the project period. The amount year students enrolled in a school, as the (3) Where a school had no first-year of the subsequent award will take into case may be, for any year, shall be the class in any of the 5 school years during consideration the amount remaining ih number which the Secretary, on the basis such period, the increase in enrollment the grant account. At the end of the last of information relating to the school’s of full-time first-year students shall budget year of the project period any past and anticipated enrollment, deter­ equal the school’s first-year enrollment unobligated special project funds re­ mines to be the number of such students for the first school year beginning after maining in the grant account must be enrolled or to be enrolled, as the case the year in which the grant is made. refunded to the Public Health Service. may be, in such school on October 15 of (e) The classification of a full-time (b) Institutional grants: Institutional such year. student as a first-year student or as a grant funds may be obligated by the (b) For purposes of determining the student in a particular year-class in a school at any time before the end of the relative number of graduates under sec­ school shall be in accordance with the 12-month period following the budget tion 806(a) (B) of the Act, the number policies of the particular school, except year for any purpose related to the ed­ of graduates of any school for the fiscal that any student who is required to re­ ucational program of the school, but year in which any such grant is made peat one or more first-year courses after may not be expended for the purposes shall be the number which the Secretary, having been enrolled as a full-time stu­ listed in paragraph (c) of this section. on the basis of information relating to dent during a previous school year shall Any funds not so obligated must be re­ such school’s enrollment and expected funded to the Public Health Service. rate of attrition, determines to be the not be considered a first-year student. § 57.1006 Grant awards. (c) Special project and institutional number of students to whom such school grant funds may not be expended for will, during such year, award diplomas (a) Special project grants. The Secre­ the following purposes: or degrees specified in § 57.1001 (d). tary may award a special project grant (1) Construction (as defined in § 57.- (c) For purposes of determining the to any applicant where the Secretary 1001(f)) : Provided, however, That the relative increase in enrollment of full­ determines, after consultation with the recipient of any such grant may expend time students under section 806(a) (A) Council, that such grant will be utilized grant funds not in excess of $50,000 dur­ (ii) of the Act: by the applicant in accordance with one ing a budget year for remodeling, alter­ (1) Where a school had an enrollment or more of the purposes specified in sec­ ation, and repair of existing buildings: of full-time students during all of the tion 805(a) of the Act. In determining And, provided further, That the Secre­ 5 school years preceding the year in priority of special project grants, the tary may in particular cases approve the which the grant is made, the increase in Secretary shall give priority, in the fol­ expenditure of institutional or special enrollment of fuli-time students shall be lowing order, to: project grant funds for remodeling, al­ the number by which the school’s en­ (1) The relative need of the applicant teration, and repair of existing buildings rollment for the year in which the grant (if a school of nursing) for financial in excess of $50,000 for a budget year is made exceeds the average enrollment assistance to continue in operation or where he finds that such expenditure is of the school for the 5 preceding school avoid curtailing enrollment or reduction years. necessary in order to accomplish the pur­ in the quality of training provided; poses of the Act; (2) Where a school had an enrollment (2) The special need of the applicant (2) Research (except for research in of full-time students during at least one for financial assistance in connection the various fields of nursing education); but not all of the 5 school years preceding with its merger with a school of nursing; (3) Research training; the year in which the grant is made, the (3) The relative need of the applicant (4) Student assistance; increase in enrollment of full-time stu­ for financial assistance to maintain or (5) Patient care; or dents shall be the number by which the provide for accreditation as a school of (6) Operation of teaching or other school’s enrollment for the year in which nursing; and hospitals. the grant is made exceeds the average (4) The extent to which the project enrollment of the school for such of the will increase enrollment of full-time stu­ § 57.1009 Nondiscrimination. 5 preceding school years as it had an dents receiving nursing training. (a) Attention is called to the require­ enrollment. (b) Institutional grants. After consul­ ments of title VI of the Civil Rights Act (3) Where a school had no enrollment tation with the Council, the Secretary of full-time students during any of the of 1964 (42 U.S.C. 2000d; 78 Stat, 252) shall award an institutional grant to which provides that no person in the 5 school years preceding the year in each applicant whose application is which the grant is made, the increase in found by the Secretary to meet the ap­ United States shall, on the ground of enrollment of full-time students shall plicable requirements of the Act and of race, color, or national origin, be .ex­ equal the number of full-time students this subpart. cluded from participation in, be denied enrolled in the school in the year in § 57.1007 Amount of grants. the benefits of, or be subjected to discrim­ which the grant is made. ination under any program or activity re­ (d) For purposes of the assurance re­ (a) Special project grants. Within theceiving Federal financial assistance. A quired by section 806(b) of the Act re­ limits of available funds, the amount of lating to increased first-year enrollment: each special project grant shall be an regulation implementing such title VI, (1) Where a school had a first-year amount which the Secretary deems to be which is applicable to grants made un­ class in at least 2 of the 5 school years reasonably necessary to carry out the der this subpart, has been issued by the during the period July 1, 1963, through applicant’s approved special project. Secretary of Health, Education, and

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 RULES AND REGULATIONS 15799

Welfare with the approval of the Presi­ Notice and public procedure on this dent (45 CFR Part 80). Title 50— WILDLIFE AND amendment are deemed contrary to the (b) Each grant for remodeling, alter­ public interest because of the proximity ations, or repairs shall be subject to the FISHERIES of the waterfowl season in the State of condition that the grantee shall comply California. Since the amendment bene­ with the requirements of Executive Or­ Chapter I— Bureau of Sport Fisheries fits the public by relieving existing der 11246 (Sept. 24, 1965), relating to and Wildlife, Fish and Wildlife hunting restrictions on the Kesterson nondiscrimination in construction con­ Service, Department of the Interior National Wildlife Refuge, it shall become tract employment, and with the applica­ effective upon publication in the F ederal ble rules, regulations and procedures PART 32— HUNTING R egister. prescribed pursuant thereto. Kesterson National Wildlife Refuge, Section 32.11 is amended by the fol­ lowing addition: § 57.1010 Payments. Calif. The Secretary shall from time to time §32.11 List of open areas ; migratory Whereas, the Bureau of Reclamation game birds. make payments to a grantee of all or a has acquired certain lands in Merced portion of any grant award, either in County, Calif., to establish the Kesterson * * * * * advance or by way of reimbursement. Reservoir as a part of the Central Valley California § 57.1011 Records, reports, inspection. Project, West San Joaquin Division, San Kesterson national wildlife refuge. (a) Records and reports. Each grant Luis Unit, under authority of the Act of * * * * * awarded pursuant to this subpart shall June 30, 1960, Public Law 86-488 (74 J ohn S. Gottschalk, be subject to the condition that the Stat. 156), and Director, Bureau of grantee shall maintain such progress and Whereas, under the authority of sec­ Sports Fisheries and Wildlife. fiscal records, and file with the Secre­ tion 4 of the Fish and Wildlife Coordina­ tary such progress and fiscal reports re­ tion Act as amended (16 U.S.C. October 8, 1969. lating to the use of grant funds, as the 661-666c), the Secretary of the Interior IF.R. Doc. 69-12245; Filed, Oct. 13, 1969; Secretary may find necessary to carry on April 4,1969, approved a general plan 8:48 am .] out the purposes of the Act and regula­ declaring that certain lands of the tions. No such record shall be destroyed reservoir have value to the National or otherwise disposed of until audit by Migratory Bird Management Program PART 32— HUNTING or on behalf of the Department of administered by the Bureau of Sport Bombay Hook National Wildlife Fisheries and Wildlife, and Health, Education, and Welfare or for Refuge, Del. 5 years after the end of the budget year, Whereas, under the said Act an in­ whichever Comes first, except that where terim cooperative agreement was ap­ The following special regulation is audit questions have arisen before the ex­ proved July 18, 1969, pending the execu­ issued and is effective on date of publi­ piration of such 5-year period, records tion of a long-term management cation in the F ederal R egister. shall be retained until resolution of such agreement between the Bureau of § 32.32 Special regulations; big game; questions. Reclamation and the Bureau of Sport for individual wildlife refuge areas. (b) Inspection and audit. Any appli­ Fisheries and Wildlife, authorizing the cation for a grant award under this sub­ Bureau of Sport Fisheries and Wildlife D elaware part shall constitute the consent of the to assume management of the area BOMBAY HOOK NATIONAL WILDLIFE REFUGE applicant to inspections at reasonable within the Reclamation take-line as times by persons designated by the Secre­ shown on the Bureau of Reclamation Public archery hunting of deer on tary of the facilities, equipment and drawing 805-208-1373, dated July 15, Bombay Hook National Wildlife Refuge, other resources of the applicant and to 1968, and to manage the said area in Del., is permitted only on the Deer Hunt­ interviews with principal staff members accordance with the preliminary interim ing Area and Upland Hunting Area des­ to the extent that such resources and ignated by signs as open to hunting. plan dated June 26,1969. These open Deer Hunting Areas are de­ personnel will be, or are, involved in the Now, therefore, under the authority project. In addition, the acceptance of lineated on maps available at refuge any grant award under this subpart shall of the Endangered Species Act of Octo­ headquarters, Smyrna, Del. 19977 and constitute the consent of the grantee to ber 15, 1966 (80 Stat. 929, 16 U.S.C. from the Regional Director, Bureau of inspections and fiscal audit by such per­ 668aa) and in accordance with said co­ Sport Fisheries and Wildlife, UJS. Post sons of the supported activity and of operative agreement, an area comprising Office and Courthouse, Boston, Mass. progress and fiscal records relating to approximately J5.900 acres of land and 02109. Hunting shall be in accordance the use of grant funds. water at Kesterson Reservoir as shown with all applicable State regulations §57.1012 Termination of grants or on Bureau of Reclamation drawing 805- covering archery hunting of deer sub­ withholding of payments. 208-1373, has been made available by ject to the following special conditions: Whenever the Secretary finds that a the Bureau of Reclamation to the Bureau (1) Hunting by bow and arrow on the grantee has failed in a material respect of Sport Fisheries and Wildlife for ad­ Deer Hunting Area is permitted only on to comply with the Act or the regulations Saturdays. of this subpart he may, on reasonable ministration and for the conservation notice to the grantee, withhold further and management of migratory birds and (2) The number of hunters admitted payments, and take such other action, in­ of fish and other wildlife. to the opened area at any one time will cluding the termination of the grant, as Pursuant to the authority vested in be restricted to 400 and a User Fee of $1 he finds appropriate to carry out the pur­ the Secretary of the Interior by the per hunter will be charged. poses of the Act and regulations. In such Endangered Species Preservation Act of The provisions of this special regula­ case no further expenditure shall be tion supplement the regulations which made from the grant until the Secretary October 15, 1966 (80 Stat. 926, 16 U.S.C. determines that there is no longer any 668aa), 50 CFR 32.11 is herewith amend­ govern hunting on wildlife refuge areas such failure of compliance. ed by the addition of Kesterson National generally which are set forth in Title Dated: June 30,1969. Wildlife Refuge, Calif., to the list of areas 50, Code of Federal Regulations, Part 32, and are effective through Decem­ R obert Q. Marston, open to the hunting of migratory game Director, birds as legislatively permitted. ber 31, 1969. National Institutes of Health. It has been determined that regulated R ichard E. Griffith, Approved: October 8,1969. hunting of migratory game birds may be Regional Director, Bureau of permitted as designated on the Kester­ Sport Fisheries /and Wildlife. R obert H. P inch, Secretary. son National Wildlife Refuge without October 7, 1969. [F.R. Doc. 69-12248; Filed, Oct. 13, 1969; detriment to the objectives for which [FJR. Doc. 69-12211; Filed, Oct. 13, 1969; 8:48 am.] the area was established. 8:45 am .]

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15800 Proposed Rule Making

prepare a written report of his findings, Sec. DEPARTMENT OF AGRICULTURE copies of which shall be made available 74.75 Form of documents to be filed. 74.76 Computation of time. Consumer and Marketing Service to the representative of the Department at the time of his review or when 74.77 Extension of time or postponement. 74.78 Inspection of records. [ 9 CFR Part 327 ] requested. 74.79 Waiver or modification of rules. * ■ * 4c 4c 4c MEAT INSPECTION P roceedings P rior to Hearing Any interested persons who desire to Monthly Supervisory Visits by Foreign present any views, arguments, or data 74.80 Commencement of proceedings; no­ tice of proposed action and oppor­ Officials to Approved Foreign Ex­ concerning the proposed amendment of" tunity for hearing. port Meat. Plants the regulations set forth above may do 74.81 Answer to notice; evidence of com­ so by filing their comments in writing, pliance. Notice is hereby given in accordance in duplicate, with the Office of the Hear­ 74.82 Amendment of notice or answer. with the administrative procedure provi­ ing Clerk, U.S. Department of Agricul­ 74.83 Request for hearing. sions in 5 U.S.C. 553, that pursuant to ture,. Washington, D.C. 20250, within 30 74.84 Motions. the Federal Meat Inspection Act (34 days after the publication hereof in the 74.85 Responses to motions and petitions. Stat. 1260, as amended by the Wholesome F ederal R egister. All such written sub­ 74.86 Disposition of motions and petitions. Meat Act of 1967, 81 Stat. 584, 21 U.S.G. missions will be made available for public 74.87 Decision prior to hearing. 601 et seq.), the Consumer and Market­ inspection at said office during regular D esig n a tio n , P ow ers, R esponsibility and ing Service proposes to amend the Fed­ office hours in a manner convenient to Du ties of P residing Officer eral Meat Inspection Regulations in 9 the public business (7 CFR 1.27(b)). 74.90 Presiding Officer. CFR Part 327 to require supervisory 74.91 Authority of Presiding Officer. visits by foreign officials to foreign meat Done at Washington, D.C., on Octo­ plants if the plants are to be eligible to ber 9, 1969. H earing P rocedures have their products imported into the R oy W. Lennartson, 74.100 Evidentiary purpose of hearing. United States, and to provide for reports Administrator. 74.101 Published documents. by such officials. [F.R. Doc. 69-12273; Filed, Oct. 13, 1969; 74.102 Testimony—witnesses. 8:50 a.m.] 74.103 Scope of testimony. Statement of considerations. The Fed­ 74.104 Evidence. eral Meat Inspection Act requires that 74.105 Exhibits. the Secretary of Agriculture shall each 74.106 Objections. year report to the appropriate commit­ 74.107 Offer of proof. tees of the Congress with respect to ad­ DEPARTMENT OF HEALTH, 74.108 Exceptions to rulings. ministration of the section of the Act 74.109 Official notice; public documents. dealing with importation of livestock EDUCATION, AND WELFARE 74.110 Appeal from ruling of presiding of­ carcasses, meats and meat products. The ficer. Act specifies that this report shall include Public Health Service T h e R ecord a certification that foreign plants ex­ [ 42 CFR Part 74 1 74.115 Official transcript. porting such carcasses or meat or meat 74.116 Record of decision. products for importation into the United CLINICAL LABORATORIES States have complied with requirements P osthearing P rocedures, Dec isio n s at least equal to all provisions of the Act Hearings 74.120 Posthearing briefs. and regulations issued thereunder. It ap­ 74.121 Decisions. Notice is hereby given that the Secre­ 74.122 Exceptions to, or support of, initial pears that such certification can only be tary of Health, Education, and Welfare made if the supervisory inspection exer­ or recommended decisions. proposes to amend Fart 74 by adding a 74.123 Review of initial decision upon mo­ cised by the national governments of the new “Subpart I—Hearings” as set out tion of Secretary. countries in which such foreign plants below. This subpart will apply to hearings 74.124 Final decisions. are located is adequate to maintain and administrative review conducted 74.125 Judicial review. standards and operating procedures under the Clinical Laboratories Improve­ 74.126 Exparte communications. equivalent to those established by the ment Act of 1967 (42 U.S.C. 263a). 74.127 Filing of exparte communications. United States meat inspection program Interested persons may submit written Au th o rity : The provisions of this Subpart Therefore it is proposed to add the fol­ comments, suggestions, or objections in I issued under sec. 215, 58 Stat. 690; 42 U.S.C. lowing new subdivision to § 327.2(a)(1) triplicate to the Director, National Com­ 216. of said regulations : municable Disease Center, 1600 Clifton General R ules § 327.2 Eligibility of foreign countries Road, Northeast, Atlanta, Ga. 30333. All § 74.70 Applicability. for importation of product into the relevant material received within 30 days United States. after publication of this notice in the The provisions of this subpart apply to hearings and administrative review con­ (a) * * * F ederal R egister will be considered. (J) * * * Notice is also given that it is proposed ducted under section 353 of the Act. to make the regulations which are § 74.71 Filing. (iv) The foreign inspection system adopted effective upon publication in the must maintain a program of periodic su­ F ederal R egister. The original and two copies of docu­ pervisory visits to each certified estab­ The proposed Subpart I would read as ments required or permitted to be filed lishment to assure that requirements follows : in, and correspondence relating to pro­ referred to in (a) through (/) of sub­ Subpart I— Hearings ceedings governed by the regulations in division (ii) of this subparagraph, at this subpart shall be filed with the Hear­ least equal to those of the Federal system G eneral R ules Sec. ing Clerk, Room 159, Building No. 1, Na­ of meat inspection of the United States 74.70 Applicability. tional Communicable Disease Center, are being met. A representative of the 74.71 Filing. 1600 Clifton Road NE., Atlanta, Ga. foreign inspection system shall make at 74.72 Service. 30333. This office is open Monday through least one such supervisory visit each 74.73 Parties. Friday from 8 a.m. to 4:30 p.m., local month to each such establishment and 74.74 Conduct at hearings. time, except on national legal holidays.

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 PROPOSED RULE MAKING 15801

§ 74.72 Service. inal signed in ink, shall show the docket P roceedings P rior to H earing description and title of the proceeding, (a) Any document or correspondence § 74.80 Commencement of proceedings ; and the title, if any, and address of the notice o f proposed action. from an official of the Department to a signatory. Copies need not be signed but party, or from a party to such official the name of the person signing the orig­ Proceedings are commenced by service relating to a proceeding commenced inal shall be reproduced. Documents on the owner or operator of a laboratory under this subpart shall be served on all shall be legible, shall be typewritten or of a notice of opportunity for hearing on parties to the proceeding and the original printed, and shall not be more than 8 l/z proposed action to deny an application and two copies filed with the Hearing inches wide and 12 inches long. Repro­ for the issuance or renewal of a license, Clerk. duced copies will be accepted as type­ or to revoke, suspend or limit a license (b) The original of every document written, provided all copies are clearly or lettei of exemption which shall set filed and required to be served upon par­ legible. the grounds for the proposed action pur­ ties to a proceeding shall be endorsed’by (b) All documents filed in any pro­ suant to § 74.11 or §§ 74.60 and 74.61, as a certificate or service signed by the ceeding subject to the regulations in this applicable. party making service or by his attorney part, except exhibits, shall be signed by a § 74.81 Answer to notice; evidence of or representative stating that such serv­ party, or his authorized officer, employee, ice has been made, the date of service and compliance. or attorney. The address of the party or (a) The respondent applicant or the manner of service. attorney shall be stated on the document. (c) Service shall be made by personal owner or operator of a laboratory may The signature of a party, authorized file an answer to the notice within 20 delivery of one copy to each person to be officer, employee or attorney constitutes served or by mailing one copy by first days after service thereof. Answers shall a certificate that he has read the docu­ admit or deny specifically and in detail class mail properly addressed with post­ ment, that to the best of his knowledge, age prepaid. When a party has appeared information, and belief there is good each allegation of the notice, unless the by counsel, service upon such counsel respondent party is without knowledge, ground to support it, and that it is not in­ in which case his answer should so state, shall be deemed service upon the party. terposed for delay. If a document is not (d) The date of service shall be the day signed or is signed with intent to defeat and the statement will be deemed a of delivery in person or the deposit in the denial. Allegations of fact in the notice the purpose of this section, it may be not denied or controverted by answer United States mail except that' the date stricken as sham and false and the pro­ of service of the initial notice of oppor­ shall be deemed admitted. Matters al­ ceeding may proceed as though the docu­ leged as affirmative defenses shall be tunity for hearing shall be the date of ment had not been filed. Similar action delivery. separately stated and numbered. Failure may be taken if scandalous or indecent of the respondent to file an answer § 74.73 Parties. matter is inserted. within the 20-day period following serv­ (a) The term party includes the owner § 74.76 Computation of time. ice of the notice may be deemed an ad­ or operator of a laboratory with respect In computing any period of time under mission of all matters of fact recited in to which notice has been given pursuant the rules in this part'or under an order the notice. to § 74.11 or § 74.60 that it is proposed to issued by the Secretary or the presiding (b) The answer may include a state­ deny the issuance of an initial, or renewal officer hereunder, the time begins with ment of action, responsive to the notice, license or to revoke, suspend or limit a the day following the act, event, or de­ taken by the respondent to comply with laboratory license or letter of exemption. fault, and includes the last day of the the applicable requirements, together (b) The General Counsel of the De­ period, unless it is a Saturday, Sunday, with supporting material. partment of Health, Education, and Wel­ or legal holiday observed in the State .(c) After consideration of the infor­ fare shall be deemed a party to all pro­ of Georgia. When the period of time pre­ mation submitted in such statement, or ceedings under this subpart. scribed or allowed is less than 7 days, in­ the answer and such investigation and (c) Upon application and good cause termediate Saturdays, Sundays, and conference with the respondent as the shown, the presiding officer may permit legal holidays shall be excluded from the Secretary deems appropriate, the Secre­ any interested person, agency or organi­ computation. tary may withdraw the notice or take zation to appear and participate in the such other action as may be appropriate. proceedings as a party, to such extent § 74.77 Extension of time or postpone­ The withdrawal of the notice of proposed and upon such terms as he shall deter­ ment. action shall terminate the proceedings mine to be proper. Requests for extension of time shall be but shall not constitute a bar to any (d) Any party may appear in person or served on all parties and shall set forth further or subsequent action by the Sec- by counsel or other representative. the reasons for the application. Applica­ cretary in that or any factually related (e) An individual acting in a represent­ tions may be granted upon a showing proceeding. ative capacity in any proceeding may be of good cause by the applicant. After § 74.82 Amendment of notice or answer. required by the Secretary or the presid­ the designation of a presiding officer (see ing officer to show his authority to act in § 74.90), until the issuance of his deci­ The General Counsel may amend the such capacity. sion, such requests shall be addressed to notice of proposed action and oppor­ him. tunity for hearing once as a matter of § 74.74 Conduct at hearings. course before an answer thereto is served, Disrespectful, disorderly, or contuma­ § 74.78 Inspection o f records. and each respondent may amend his cious language or contemptuous conduct, Subject to the provisions of law^ând answer once as a matter of course not refusal to comply with directions, con­ regulations restricting public disclosure later than 10 days before the date fixed tinued use of dilatory tactics or refusal of information, all documents filed in the for hearing but in no event later than to adhere to reasonable standards or or­ docket in any proceeding 'may be in­ 20 days from the date of service of his derly and ethical conduct at any hearing spected and copied in the office of the original answer. Otherwise a notice or before the Secretary or a hearing exam­ Hearing Clerk. answer may be amended only by leave iner shall constitute grounds for the im­ mediate exclusion from the hearing of § 74.79 Waiver or modification of rules. of the presiding officer designated in ac­ an individual acting in a representative The Secretary or the presiding officer cordance with § 74.90. A respondent shall capacity: Provided, That, the presiding (with respect to matters pending before file his answer to an amended notice officer shall suspend the hearing for a him) may waive or modify any rule in within the time remaining for filing the reasonable time to permit the party this subpart by announcement at the answer to the original notice or within affected to obtain other representation. hearing or by notice in advance of the 10 days after service of the amended § 74.75 Form of documents to be filed. hearing, if he determines that no party notice, whichever period may be the (a) Documents to be filed under the will be unduly prejudiced thereby and longer, unless the presiding officer other­ rules in this part shall be dated, the orig­ the ends of justice will thereby be served. wise orders.

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15802 PROPOSED RULE MAKING

§ 74.83 Request for hearing. answer, or from his admissions or stipu­ H earing P rocedures lations in the record, that there are no § 74.100 Evidentiary purpose of hearing.- (a) Within 20 days after service of matters of material fact in dispute, the notice of opportunity for hearing the Secretary or presiding officer may enter The hearing is directed to receiving respondent, either in his answer or in an order so finding, vacating the hear­ factual evidence and expert opinion a separate document, may request a ing date if one has been set, and fixing testimony related to the issues in the hearing. Failure of the respondent to re­ the time for filing briefs under § 74.120. proceeding. Argument will not be re­ quest a hearing shall be deemed a waiver Thereafter the proceedings shall go to ceived into evidence; rather, it should be of hearing and consent to submission of conclusion in accordance with this sub­ presented in opening or closing state­ the case to the Secretary for decision on part. The presiding officer may allow an ments of counsel, memoranda, or briefs, the written record. The failure of the appeal from such order in accordance as determined by the presiding officer. respondent both to file an answer and to request a hearing shall be deemed a with § 74.110. § 74.101 Published documents. waiver of all right to participate in the D esignation, P owers, R esponsibilities and D uties of P residing Officer The authenticity of all published proceedings and to constitute his consent documents submitted in advance shall be to the making of a decision by the Sec­ § 74.90 Presiding Officer. deemed admitted unless written objection retary on the basis of such information thereto is filed with the presiding officer as is available. A presiding officer shall preside over (b) Upon receipt of a request for a all hearings held pursuant to this sub­ upon notice to the other parties within hearing, the Secretary, subject to part. The presiding officer shall be either the time specified by the presiding officer §§ 74.81 and 74.87, will designate a pre­ the Secretary or a hearing examiner in accordance with this section, except siding officer for such hearing as pro­ appointed pursuant to 5 U.S.C. 3105 and that a party will be permitted to chal­ vided in § 74.90. designated by the Secretary to conduct lenge such authenticity at a later time the hearing. Such designation shall be upon a showing of good cause for failure § 74.84 Motions. made by an order in writing which shall to have filed such written objection. Motions shall state the relief sought, specify whether the examiner is to make § 74.102 Testimony—witnesses. the authority relied upon, and the facts an initial decision or to certify the entire alleged. If made before or after the hear­ record, including his recommended find­ (a) Testimony shall be given orally ing, the motion shall be in writing. If ings and proposed decision, to the Secre­ under oath or affirmation by witnesses at made at the hearing, they may be stated tary. A copy of such order shall be served the hearing; but the presiding officer, in orally; but the presiding officer may re­ on all parties. his discretion, may require or permit that quire that they be reduced to writing and § 74.91 Authority of presiding officer. the direct testimony of any witness be filed and served on all parties in the prepared in writing and served on all same manner as a formal motion. Mo­ Hearings shall be conducted in an in­ parties in advance of the hearing. Such tions, answers and replies shall be ad­ formal but orderly manner in accord­ testimony may be adopted by the witness dressed to the presiding officer, if the ance with this subpart and the require­ at the hearing and filed as part of the case is pending before him. A repetitious ments of 5 U.S.C. 551-559 inclusive, and, record thereof. motion will not be entertained. where this subpart or the statutory re­ (b) Opinion testimony shall be ad­ quirements are inapplicable or incom­ mitted when the presiding officer is satis­ § 74.85 Responses to motions and peti­ plete, in accordance with the direction fied that the witness is properly qualified. tions. of the presiding officer. The presiding Within 8 days after a written motion officer shall have the duty to conduct a § 74.103 Scope o f testimony. fair hearing, to take all necessary action or petition is served, or such other period When necessary to prevent undue pro­ as the Secretary or the presiding officer to avoid delay and to maintain order. longation of the hearing, the presiding may fix, any party may file a response He Shall have all powers necessary to these ends, including (but not limited to) officer may limit the number of times any thereto. An immediate oral response may witness may testify, the repetitious ex­ be made to an oral motion. the power to: (a) Arrange for and issue notice of amination and cross-examination of § 74.86 Disposition of motions and peti­ the date, time, and place of hearings and witnesses, or the amount of corrobora­ tions. prehearing conferences, and upon proper tion or cumulative evidence. The Secretary or presiding officer may notice to change the date, time, and § 74.104 Evidence. not sustain or grant a written motion or place of hearings and prehearing con­ petition prior to expiration of the time ferences previously set. Irrelevant, immaterial, unreliable, and for filing responses thereto, but may Cb) Hold conferences to settle, sim­ unduly repetitious evidence will be overrule or deny such motion or petition plify, or fix the issues in a proceeding, excluded. without awaiting response: Provided, or to consider other matters that may § 74.105 Exhibits. however, That prehearing conferences, aid in the expeditious disposition of the hearings, and decisions need not be de­ proceeding. All written statements, charts, tabula­ layed pending disposition of motions or (c) Require parties to state their tions, reports, documents, and similar petitions. Oral motions and petitions position with respect to the various data offered in evidence at the hearing may be ruled on immediately. Motions issues in the proceeding. shall be marked for identification, and and petitions submitted to the presiding (d) Administer oaths and affirma­ upon a showing satisfactory to the pre­ officer or the Secretary, respectively, not tions. siding officer of the authenticity, rele­ disposed of in separate rulings or in their (e) Regulate the course of the hearing vancy, materiality, and reliability, shall respective decisions will be deemed and the conduct of counsel therein. be received in evidence, subject to section denied. Oral argument shall not be held (f) Examine witnesses and direct wit­ 556(d) of Title 5, U.S.C. Exhibits shall on written motions or petitions unless nesses to testify. be submitted in quintuplicate. In case the presiding officer in his discretion (g) Receive, rule on, exclude, or limit the required number of copies are not expressly so orders. evidence. made available, the presiding officer shall (h) Fix the time for filing motions, exercise his discretion in determining § 74.87 Decision prim* to hearing. petitions, briefs, findings, or other items whether the exhibit will be read in evi­ Hearings for the reception of evidence in matters pending before him. dence or whether additional copies will will be held only in cases where issues (i) Rule on motions and other pro­ be required to be submitted within a of fact must be resolved in order to cedural items pending before him. time to be specified by the presiding offi­ determine whether the respondent has (j) Issue initial or recommended de­ cer. Where relevant and material matter failed to comply with one or more appli­ cisions, or final decisions where the Sec­ offered into evidence is embraced in a cable requirements of this part. In any retary presides. report or document containing imma­ case where it appears from the respond­ (k) Take any action authorized by the terial and irrelevant matter, such imma­ ent’s answer to the notice of opportunity rules in this part or in conformance with terial and irrelevant matter will be ex­ for hearing, from his failure timely to 5 U.S.C. 551-559 inclusive. cluded and will be segregated insofar as

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 PROPOSED RULE MAKING 15803 practicable, subject to the direction of to any party or substantial detriment to transcript or to exhibits on which excep­ the presiding officer. the public interest. If an appeal is al­ tions are based. Any other party may lowed, any party may file a brief with file a response thereto within 45 days § 74.106 Objections. the Secretary within such period that after the date of service of the initial If any person objects to the admission the presiding officer directs. No oral or recommended decision. or rejection of any evidence or to other argument will be heard unless the Sec­ (b) If oral argument on exceptions is limitation of the scope of any examina­ retary directs otherwise. desired, such a request shall be made tion or cross-examination, he shall state with the exceptions. The Secretary will briefly the grounds for such objection, The R ecord grant or deny such requests in his dis­ and the transcript shall not include ex­ §74.115 Official transcript. cretion. tended argument or debate thereon ex­ cept as ordered by the presiding officer. (a) Testimony given at a hearing shall § 74.123 Review of initial decision upon A ruling of the presiding officer on any be reported verbatim by an official re­ motion o f Secretary. such objection shall be a part of the porter designated by the Secretary. Any In the absence of exceptions, the Sec­ transcript, together with such offer of person desiring a copy of the transcript retary, within 45 days after an initial proof as has been made. of the testimony and exhibits taken at decision, on his own initiative, may serve the hearing or of any part thereof shall § 74.107 Offer of proof. be entitled to the same upon application on all parties a notice that he will review An offer of proof made in connection the decision. In such case, any party to the official reporter and upon payment shall have 15 days after service in which with an objection taken to any ruling of of the costs thereof. the presiding officer rejecting or exclud­ to file a request for modification, reversal ing proffered oral testimony shall con­ (b) At the close of the hearing, the or affirmance of the initial decision and sist of a statement of the substance of presiding officer shall afford the parties all other parties shall have an additional the evidence which a party or his coun­ a reasonable time to submit written pro­ 15 days to respond in writing to such posed corrections of the transcript and requests. sel contends would be adduced by such shall promptly thereafter order such cor­ testimony; and, if the excluded evidence § 74.124 Final decisions. consists of evidence in documentary or rections made as in his judgment are written form, a copy of such evidence required to make the transcript conform (a) The Secretary shall make the final shall be marked for identification and to the testimony. decision in all hearings under this sub- shall accompany the record as the offer § 74.116 Record for decision. part after expiration of all applicable of proof. time limits provided in § 74.120, § 74.122 The transcript of testimony together or § 74.123. § 74.108 Exceptions to rulings. with exhibits, written arguments, briefs (b) When the hearing is conducted Exceptions to rulings of the presiding or memoranda of law filed with the pre­ by a hearing examiner who makes an officer are unnecessary. It is sufficient siding officer, and all papers and requests initial decision, if no exceptions thereto that a party, at the time the ruling of filed in the proceedings, except the cor­ are filed within the period specified in the presiding officer is sought, makes respondence section of the docket, in- § 74.122 and no notice of review is served known the action that he desires the x eluding rulings and any recommended within the period specified in § 74.123, presiding officer to take, or his objection or initial decision shall constitute the such initial decision shall become and to an action taken, and his grounds exclusive record for decision. constitute the final decision of the Sec­ therefor. POSTHEARÎNG PROCEDURES, DECISIONS retary at the expiration of 45 days from the date it was served by the hearing § 74.109 Official notice; public docu­ §74.120 Posthearing briefs. examiner. ments. (a) The presiding officer shall fix the (c) All final decisions shall be served (a) Where official notice is taken or is time for filing posthearing briefs, which promptly on all parties. to be taken of a material fact not ap­ may contain proposed findings of fact (d) A final decision under this sub­ pearing in the evidence of record, any and conclusions of law, and, if permitted, part constitutes “final action” within the party, on timely request, shall be af­ reply briefs. Five copies of each brief meaning of section 353 of the Act (42 forded opportunity to show the contrary. shall be filed with the hearing clerk. U.S.C. 263a(g)). (b) Whenever there is offered (in (b) Briefs shall include a statement § 74.125 Judicial review. whole or in part) a public document, of position on each issue with a summary such as an official report, decision, of the evidence relied upon, together The General Counsel of the Depart­ opinion, or published scientific or eco­ with citations of pages of the transcript ment of Health, Education, and Welfare nomic statistical data issued by any of and of exhibits, and of authorities relied is designated as the officer upon whom the executive departments (or their sub­ upon. copies of petitions for judicial review, divisions), legislative agencies or com­ filed pursuant to section 353 of the Act mittees, or administrative agencies of § 74.121 Decisions. (42 U.S.C. 263a(g)), shall be served. the Federal Government (including As soon as practicable after the time Such officer shall be responsible for filing Government-owned corporations), or a for filing briefs has expired, the presid­ in the court the record of the proceed­ similar document issued by a State or its ing officer, if the Secretary, shall make a ings on which the final decision is based. agencies, and such document (or part final decision. If the presiding officer is § 74.126 Exparte communications. thereof) has been shown by the offeror a hearing examiner, he shall certify the to be reasonably available to the public, entire record, including his recommended (a) No employee or agent of the Sec­ such document need not be produced or findings and proposed decision to the retary who performs or is assigned to marked for identification, but may be Secretary, or, if so authorized, shall make any investigative or prosecuting function offered for official notice, as a public an initial decision. A copy of the recoirw in a proceeding under this subpart, shall, document item by specifying the docu­ mended findings and proposed decision, in that or any factually related proceed­ ment or relevant part thereof. or the initial decision, shall be served ing, participate or advise as to the find­ on all parties. § 74.110 Appeal from ruling of presid­ ings, conclusions or decision, except as a ing officer. § 74.122 Exceptions to, or support of, witness or counsel in public proceedings. When a hearing examiner is the pre­ initial or recommended decisions. (b) No person who is a party to a siding officer, rulings of the presiding (a) Within 30 days after the mailingproceeding under this subpart, or his officer may not be appealed to the Sec­ or personal service of an initial or recom­ counsel or other representative, shall retary prior to his consideration of the mended decision, any party may file a entire proceeding, except with the con­ submit exparte, off-the-record com­ sent of the presiding officer and where brief with the Secretary containing ex­ munications to the presiding officer, or he certifies on the record or in writing ceptions or supporting the decision. The to any officer or employee of the Depart­ that the allowance of an interlocutory exceptions shall point out with particu­ ment of Health, Education, and Welfare appeal is clearly necessary to prevent larity the alleged errors and shall contain participating in the decision of such exceptional delay, expense, or prejudice a specific citation to the pages of the proceedings.

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 No. 197----- 4 15804 PROPOSED RULE M AKING

(c) The prohibitions of this sectionsection 5 of Reorganization Plan No. 1 scribed interval between recertifications shall apply from the time a request for of 1953, 67 Stat. 18, 631; 42 U.S.C. 1302, exceed 30 days. a hearing is received. 1395 et seq. (2) For services furnished to benefi­ ciaries admitted on or after January 1, § 74.127 Filing of exparte communies« Dated: August 25,1969. tions. 1970. The certification is required, with R obert M. Ball, respect to beneficiaries who are admitted A prohibited communication in writ­ Commissioner of Social Security. to the hospital on or after January 1, ing received by the Secretary, or his de­ Approved: September 24, 1969. 1970, no later than as of the 12th day cisional staff, or by the presiding officer, of hospitalization. A hospital may, at its shall be made public by placing it in the R obert H. F inch, option, provide for the certification to be correspondence file of the docket in the Secretary of Health, made earlier, or it may vary the timing case and will not be considered as part Education, and Welfare. of the certification within the 12-day of the record for decision. If the pro­ Subpart P of Regulations No. 5 is period by diagnostic or clinical cate­ hibited communication is received orally, amended as set forth below. gories. The first recertification is re­ a memorandum setting forth its sub­ 1. Section 405.1626 is amended by re­ quired no later than as of the 18th day stance shall be made and filed in the vising paragraph (b) to read as follows : of hospitalization. Thereafter, subse­ correspondence section of the docket in quent recertifications are to be made in the case. A person referred to in such § 405.1626 Inpatient hospital services accordance with the provisions of sub- memorandum may file a comment for in­ other than inpatient psychiatric or paragraph (1) of this paragraph relat­ clusion in the docket if he considers the tuberculosis hospital services; certifi­ ing to subsequent recertifications. memorandum to be incorrect. cation and recertification for services furnished prior to January 3, 1968. (3> Option to conduct review of stay J oseph T. English, ♦ * * * * of extended duration. At the option of Administrator, Health Services the hospital, review of a stay of extended and Mental Health Administration. (b) Recertification. The recertificationduration, pursuant to the hospital’s util­ statement should contain the informa­ ization review plan, may take the place Approved: October 8, 1969. tion and otherwise satisfy the require­ of the second and any subsequent physi­ R obert H. P inch, ments set forth in § 405.1627(a). The cian recertifications. Such review may be Secretary. first recertification is required no later performed before the date on which such than as of the 14th day of hospitalization. [F.R. Doc. 69-12250; Filed, Oct. 13, 1969; physician recertification would otherwise 8:48 a.m.] A hospital may, at its option, provide be required, but would be considered for the first recertification to be made timely if performed as late as the seventh earlier, or it may vary the timing of the day following such date. The next physi­ Social Security Administration first recertification within the 14-day pe­ cian recertification would need to be riod. by diagnostic or clinical categories. made no later thanv the 30th day fol­ [ 20 CFR Part 405 1 A second recertification is required no lowing such review; if review by the util­ later than as of the 21st day of hospitali­ FEDERAL HEALTH INSURANCE FOR ization review committee took the place zation. Thereafter, subsequent recerti­ of this physician recertification, the re­ THE AGED fications are to be made at intervals es­ view could be performed as late as the Proposed Time Requirements for tablished by the utilization review com­ seventh day following such 30th day. mittee (on a case-by-case basis if it so Certifications and Recertifications (4) Description of procedure. The hos­ chooses), but in no event may the pre­ pital should have available in the files Notice is hereby given, pursuant to the scribed interval between recertifications a written description of the procedure Administrative Procedure Act (5 U.S.C. exceed 30 days. The provisions of § 405.- it adopts on timing of certifications and 552 et seq.) that the regulations set forth 1627(b) (3) and (4) are also applicable recertifications—that is, the intervals at in tentative form are proposed by the except that the option provided for in which the necessary statements are re­ Commissioner of Social Security, with § 405.1627 (b (3) is applicable only with quired and whether review of long-stay the approval of the Secretary of Health, respect to the third and subsequent re­ cases by the utilization review committee Education, and Welfare. The proposed certifications. serves as an alternative to recertifica­ regulations would change the time re­ 2. Section 405.1627 is amended by re­ tion by a physician in the case of the quirement for certifications and recerti­ vising paragraph (b) to read as follows: second or subsequent recertifications. fications for inpatient hospital services § 405.1627 Inpatient hospital services 3. Section 405.1629 is amended by re­ to require that the initial certification be other than inpatient psychiatric or vising the first sentence to read as fol­ obtained no later than the 12th day of tuberculosis hospital services; certifi­ lows: hospitalization rather than the 14th day, cation and recertification for services and that the first recertification be ob­ § 405.1629 Inpatient tuberculosis hos­ furnished on or after January 3, pital services and inpatient psychiat­ tained no later than the 18th day of stay, 1968. ric hospital services ; certification and instead of the 21st. * * * * * recertification. Prior to the final adoption of the pro­ (b) Timing of certifications and recer­ The requirements for physician certi­ posed regulations, consideration will be tifications—(1) For services furnished to given to any data, comments, or argu­ fication and recertification for inpatient beneficiaries admitted prior to Janu­ psychiatric and tuberculosis hospital ments pertaining thereto which are sub­ ary 1, 1970. The certification is required mitted in writing in duplicate to the services are the same as the requirements no later than as of the 14th day of hos­ for inpatient hospital services furnished Commissioner of Social Security, De­ pitalization. A hospital may, at its op­ partment of Health, Education, and Wel­ prior to January 3, 1968, as set out in tion, provide for the certification to be § 405.1626, except that the content of the fare Building, Fourth and Independence made earlier, or it may vary the timing of Avenue SW., Washington, D.C. 20201, certification and recertification state­ the certification within the 14-day pe­ ments is to conform with the require­ within a period of 30 days from the date riod by diagnostic or clinical categories. of publication of this notice in the F ed­ ments of this section and in the case The first recertification is required no of patients admitted to the hospital on eral R egister. later than as of the 21st day of hospitali­ The proposed regulations are to be is­ or after January 1, 1970, recertification zation. Thereafter, subsequent recertifi­ statements are to be obtained in accord­ sued under the authority contained in cations are to be made at intervals es­ sections 1102, 1814, 1815,1833,1835, 1842, ance with the intervals set forth in and 1871, 49 Stat. 647, as amended, 79 tablished by the utilization review com­ § 405.1627(b)(2). * * * Stat. 294, as amended, 79 Stat. 297, 79 mittee (on a case-by-case basis if it so [F.R. Doc. 69-12249; Filed, Oct. 13, 1969; Stat. 302, 303, 309, and 331, as amended; chooses) , but in no event may the pre­ 8:48 a.m.]

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 PROPOSED RULE MAKING 15805 of the Ironwood VOR 254° radial, extending ceived. All comments submitted will be from the 5-mile radius zone to 10% miles available, both before and after the DEPARTMENT OF west of the VOR; and within 3 miles each side of the 272° bearing from Gogebic County closing date for comments, in the Rules TRANSPORTATION Airport, extending from the 5-mile radius Docket for examination by interested zone to 13% miles west .of the airport. This persons. Federal Aviation Administration control zone is effective during the specific In consideration of the reasons stated dates and times established in advance by a in Notice 69-41, it is proposed to amend [ 14 CFR Part 71 ] Notice to Airmen. The effective date and time Part 71 of the Federal Aviation Regula­ [Airspace Docket No. 69-CE-93] will thereafter be continuously published in tions as follows: the Airman’s Information Manual. By adding a new § 71.167 to Part 71 CONTROL ZONE AND TRANSITION 2. In § 71.181 (34 F.R. 4637), the fol­reading as follows: AREA lowing transition area is amended to § 71.167 Designation of terminal control Proposed Alteration read: areas. I ronw ood, Mic h . The Federal Aviation Administration That airspace extending upward from 700 The parts of airspace described below is considering amending Part 71 of the feet above the surface within a 9% mile are designated as terminal control areas Federal Aviation Regulations so as to radius of Gogebic County Airport (latitude including their designated primary air­ alter the Ironwood, Mich., control zone 46°31'30" N., longitude 90°07'55"W.); within ports. Except as otherwise specified, all and transition area. 4% miles north and 9% miles south of the mileages are nautical miles. Interested persons may participate in 272° bearing from Gogebic County Airport, Atlanta, G a., T erm inal Control Area the proposed rule making by submitting extending from the 9%-mile radius area to 25 miles west of the airport; and within 3 miles PRIMARY AIRPORT such written data, views, or arguments each side of the Ironwood VOR 108° radial, as they may desire. Communications extending from the 9%-mile radius area to 1. Atlanta Airport (lat. 33J>38'42" N„ long. should be submitted in triplicate to the 12% miles east of the VOR; and that airspace 84°25'37" W.). Director, Central Region, Attention: extending upward from 1,200 feet above the BOUNDARIES Chief, Air Traffic Division, Federal Avia­ surface within a 17-mile radius of Ironwood That airspace up to and including 7,000 tion Administration, Federal Building, VOR; and within 4% miles south and 9% feet MSL— 601 East 12th Street, Kansas City, Mo. miles north of the Ironwood VOR 108° radial, 1. Area A. Extending upward from surface extending from the 17-mile radius area to within the Atlanta, Ga., control zone. 64106. All communications received 23% miles east of the VOR. 2. Area B. Extending upward from 2,500 within 45 days after publication of this feet MSL bounded on the north by a line 4 notice in the F ederal R egister will be These amendments are proposed under miles north of and parallel to runway 9L considered before action is taken on the the authority of section 307(a) of the centerline extended and bounded on the proposed amendments. No public hear­ Federal Aviation Act of 1958 (49 U.S.C. south by a line 4 miles south of and parallel ing is contemplated at this time, but ar­ 1348), and of section 6(c) of the Depart­ to runway 9R centerline extended, extending from 12 miles west to 12 miles east of the rangements for informal conferences ment of Transportation Act (49 U.S.C. Atlanta Airport and within 4 miles each side with Federal Aviation Administration of­ 1655(c)). of runway 15 centerline extended, extending ficials may be made by contacting the Issued in Kansas City, Mo., on Septem­ from the airport to 12 miles southeast, ex­ Regional Air Traffic Division Chief. Any ber 22, 1969. cluding the Fulton County Airport control data, views, or arguments presented dur­ zone. D aniel E. B arrow, 3. Area C. Extending upward from 3,500 ing such conferences must also be submit­ Acting Director, Central Region. ted in writing in accordance with this feet MSL within a 20-mile radius of Atlanta notice in order to become part of the [F.R. Doc. 69-12228; Filed, Oct. 13, 1969; Airport. 8:47 a.m.] 4. Area D. Extending upward from 4,500 record for consideration. The proposals feet MSL within the Atlanta, Ga. (Dobbins contained in this notice may be changed AFB/NAS Atlanta), and the Chamblee, Ga. in the light of comments received. [14 CFR Part 71 ] (De Kalb-Peachtree Airport), control zones. A public docket will be available for examination by interested persons in the [Airspace Docket No. 69-WA-32] This amendment is proposed under the Office of the Regional Counsel, Federal authority of sections 307(a) and 313 of Aviation Administration, Federal Build­ ATLANTA, GA., TERMINAL CONTROL the Federal Aviation Act of 1958 (49 ing, 601 East 12th Street, Kansas City, AREA U.S.C. 1348(a) and 1354(a)) and sec­ tion 6(c) of the Department of Trans­ Mo. 64106. Proposed Designation Since designation of controlled air­ portation Act (49 U.S.C. 1655(c)). space in the Ironwood, Mich., terminal The Federal Aviation Administration Issued in Washington, D.C., on Octo­ area, the instrument approach proce­ is considering the adoption of a “Termi­ ber 6, 1969. dures for Gogebic County Airport have nal Control Area” for Atlanta, Ga. Rules H. B. Helstrom, been altered. In addition, the criteria for for the control and separation of all Chief, Airspace and Air the designation of control zones and aircraft operated within terminal con­ Traffic Rules Division. transition areas have changed. Accord­ trol areas are proposed in Notice 69-41 [F.R. Doc. 69-12229; Filed, Oct. 13, 1969; ingly, it is necessary to alter the Iron- (34 F.R. 15252), which also contains the 8:47 a.m.] wood, Mich., control zone and transition reasons for the designation of the ter­ area to adequately protect aircraft ex­ minal control area described herein. ecuting the modified approach proce­ Interested persons are invited to par­ [14 CFR Part 71 1 dures and to comply with the new control ticipate in the making of the proposed [Airspace Docket No. 69-WA-33] zone and transition area criteria. rule by submitting such written data, In consideration of the foregoing, the views, or arguments as they may desire. CHICAGO, ILL., TERMINAL CONTROL Federal Aviation Administration pro­ Communications should identify the AREA poses to amend Part 71 of the Federal airspace docket or notice number and Aviation Regulations as hereinafter set be submitted in triplicate to the Direc­ Proposed Designation forth: tor, Southern Region, Attention: Chief, Air Traffic Division, Federal Aviation The Federal Aviation Administration 1. In § 71.171 (34 F.R. 4557), the fol­ is considering the adoption of a “Ter­ lowing control zone is amended to read: Administration, Post Office Box 20636, Atlanta, Ga. 30320. All communications minal Control Area” for Chicago, 111. Ironwood, Mic h . received within 45 days after publication Rules for the control and separation of Within a 5-mile radius of Gogebic County of this notice in the F ederal R egister all aircraft operated within Terminal Airport (latitude 46°31'30'' N., longitude will be considered before action is taken 90°07'55" W.); within 3 miles each side of Control Areas are proposed in Notice the Ironwood VOR 108° radial, extending on the proposed amendment. The pro­ 69-41 (34 F.R. 15252). This notice should, from the 5-mile radius zone to 12% miles posal contained in this notice may be therefore, be studied in conjunction with east of the VOR; within 3% miles each side changed in the light of comments re­ Notice 69-41, which also contains the

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15806 PROPOSED RULE MAKING reasons for the designation of the Ter­ [ 14 CFR Part 71 1 troit Metropolitan Wayne County Airport, minal Control Area described herein. bounded on the east by the United States/ Interested persons are invited to par­ [Airspace Docket No. 69-WA-37] Canadian border; on the west and northwest by the centerline of Victor Airway Nos. 47,. ticipate in the making of the proposed DETROIT, MICH., TERMINAL 275, and 11; excluding the airspace within rule by submitting such written data, CONTROL AREA Areas A, B, and C. views, or arguments as they may desire. Communications should identify the air­ Proposed Designation This amendment is proposed under space docket or notice number and be the authority of sections 307(a) and 313 submitted in triplicate to the Director, The Federal Aviation Administration of the Federal Aviation Act of 1958 (49 Central Region, Attention: Chief, Air is considering the adoption of a “Ter­ U.S.C. 1348(a) and 1354(a)) and section Traffic Division, Federal Aviation Ad­ minal Control Area” for Detroit, Mich. 6(c) of the Department of Transporta­ Rules for the control and separation of tion Act (49 U.S.C. 1665(c)). ministration, 601 East 12th Street, Kan­ all aircraft operated within terminal sas City, Mo. 64106. All communications control areas are proposed, in Notice 69- Issued in Washington, D.C., on Oc­ received within 45 days after publication 41 (34 F.R. 15252), which also contains tober 6, 1969. of this notice in the F ederal R egister the reasons for the designation of the H. B. H elstrom, will be considered before action is taken terminal control area described herein. Chief, Airspace and Air on the proposed amendment. The pro­ Traffic Rules Division. posal contained in this notice may be Interested persons are invited to par­ ticipate in the making of the proposed [P.R. Doc. 69-12231; Piled, Oct. 13, 1969; changed in the light of comments re­ 8:47 a.m.J ceived. All comments submitted will be rule by submitting such written data, available, both before and after the clos­ views, or arguments as they may desire. ing date for comments, in the Rules Communications should identify the air­ Docket for examination by interested space docket or notice number and be persons. submitted in triplicate to the Director, FEDERAL COMMUNICATIONS Central Region, Attention: Chief, Air In consideration of the reasons stated Traffic Division, Federal Aviation Ad­ COMMISSION in Notice 69-41, it Is proposed to amend ministration, 601 East 12th Street, Kan­ Part 71 of the Federal Aviation Regula­ [ 47 CFR Part 15 ] tions as follows: sas City, Mo. 64106. All communications received within 45 days after publication [Docket No. 18689; FCC 69-1087] By adding a new § 71.167 to Part 71 of this notice in the F ederal R egister reading as follows. will be considered before action is taken RADIO FREQUENCY DEVtCES § 71.167 Designation of terminal control on the proposed amendment. The pro­ Radiation Interference Limits areas. posal contained in this notice may be The parts of airspace described below changed in the light of comments re­ In the matter of amendment of Part 15 ceived. All comments submitted will be to revise the limit for radiation of elec­ are designated as terminal control areas available, both before and after the clos­ tromagnetic energy in the band 470-1000 including their designated primary air­ ing date for comments, in the Rules MHz from television receivers; Docket ports. Except as otherwise specified, all Docket for examination by interested No. 18689, RM-1413, RM-1441. mileages are nautical miles. persons. 1. Notice is hereby given that the Com­ Chicago, I I I ., T erm inal Control Area In consideration of the reasons stated mission proposes to revise the limit for In Notice 69-41, it is proposed to amend radiation of electromagnetic energy in PRIMARY AIRPORT Part 71 of the Federal Aviation Regula­ the band 470-1000 MHz from television 1. Chicago O’Hare International (lat. 41 °-tions as follows: receivers. Authority for this notice is set 59'10" N„ long. 87°54'28" W.). By adding a new § 71.167 to Part 71 forth in section 4(i), 301, 302, 303(f), BOUNDARIES reading as follows: and 303 (r) of the Communications Act of 1934, as amended. That airspace up to and including 7,000 § 71.167 Designation of terminal control 2. Rules governing the emission of feet MSL— areas. 1. Area A. Extending upward from the sur­ electromagnetic energy from receivers face within the Chicago, 111. (O’Hare Inter­ The parts of airspace described below were adopted by the Commission on De­ national Airport), control zone, including are designated as terminal control areas cember 21, 1955, in the first report and the airspace 2 miles each side of the center- including their designated primary air­ order in Docket No. 9288, 20 F.R. 10056, line of Runway 4 extending to 2 statute ports. Except as otherwise specified, all 13 R.R. 1543. Among other things, that miles southwest of the Pine Outer Marker. mileages are nautical miles. report and order provided that after 2. Area B. Extending upward from 1,900 Detroit, Mic h ., T erm inal Control Area February 1, 1956, emissions of electro­ feet MSL within a 10.5-mile radius of Chi­ magnetic energy in the band 470-1000 cago O’Hare International Airport. PRIMARY AIRPORT 3. Area C. Extending upward from 3,000 MHz would be limited to 500 fiV/m at 100 feet within a 20-mile radius of Chicago 1. Detroit Metropolitan Wayne County feet. A note to the applicable rule (then O’Hare International Airport excluding that Airport (lat. 42°13'07" N., long. 83°20'55.7" § 15.62) stated that the Commission airspace within a radius 1.5 miles of Clow W.). would review the table of radiation International Airport (lat. 41°41'40'' N., BOUNDARIES limits from time to time “with à view to long. 88°07'38" W.). That airspace up to and including 7,000 reducing the radiation limits as the radio This amendment is proposed under the feet MSL— art develops”. Over the years since that 1. Area A. Extending upward from Surface time, upon repeated petitions from tele­ authority of sections 307(a> and 313 of within the Detroit Metropolitan Wayne the Federal Aviation Act of 1958 (49 County Airport control zone. vision receiver manufacturers, the Com­ U.S.C. 1348(a) and 1354(a)) and section 2. Area B. Extending upward from 2,300 mission has periodically delayed the 6(c) of the Department of Transporta­ feet MSL within a 10-mile radius of Detroit effective date for the above 500 /iV/m tion Act (49 U.S.C. 1655(c) ). Metropolitan Wayne County Airport exclud­ limit; and has permitted, on a temporary ing that airspace within Canada. basis, a limit of 1000 /tV/m at 100 feet. Issued in Washington, D.C., on Octo­ 3. Area C. Extending upward from 3,000 The next to last of such extensions was ber 8, 1969. feet MSL within a 15-mile radius of Detroit scheduled to expire on April 30, 1969. H. B. H elstrom, Metropolitan Wayne County Airport exclud­ Chief, Airspace and Air ing thé area west of the centerline of Victor 3. Just prior to the latter expiration Traffic Rules Division. Airways 47 and 275 and excluding the air­ date two rule making petitions relating space within Canada. to the matter were received by the Com­ [F.R. Doc. 09-12230; Filed, Oct. 13, 1969; 4. Area D. Extending upward from 4,000 mission. One petition, filed by Sarkes 8:47 a.m.1 feet MSL within a 20-mile radius of De­ Tarzian, Inc., on February 17, 1969

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 PROPOSED RULE MAKING 15807

(RM-1413), requested still mother ex­ with no individual measurement to ex­ the more proper figure to use for the tension for 1000 /¿V/m limitation, this ceed 750 /¿V/m. In proposing a statistical average. Sarkes Tarzian’s data consist one to January 31, 1970. In the other, or averaging approach, the Commission of the results of measurements taken on filed on April 11, 1969 (RM-1441), the is persuaded as to the merit of taking a total of 12 sample tuners at 11 points Consumer Products Division of the Elec­ account of the fact that the actual per­ evenly spaced over the 470-1000 MHz tronics Industries Association (herein­ formance of the hundreds of mass pro­ band. The highest reading shown was 490 after, EIA) made two requests: (a) That duced components comprising a televi­ /»V/m, the “worst” tuner had an average the limit of 1000 /¿V/m be permitted until sion receiver follow normal distribution reading of 290 AV/m, and the average January 1, 1970; and (b) that after that curves, with a number of individual com­ of the 132 measurements was 214 a V/m. date, a television receiver be regarded ponents falling well away from antic­ Although the Sarkes Tarzian data relate as complying with the 500 /¿V/m limit if ipated levels of performance. However, only to UHF tuners, and not to fully 10 measurements, taken on 10 frequen­ to thus make allowance for production assembled television receivers, it is the cies uniformly spaced over the band tolerances is acceptable only if the basic UHF tuner which contains the UHF os­ 470-1000 MHz average to no more than standard (average of the 10 measure­ cillator and is therefore the major source 500 /¿V/m, and show no measurement ments) for the fully assembled units is of radiation from a television receiver exceeding 750 /¿V/m. By letter of April 16, set at a level which will assure that re­ in the band 470-1000 MHz. In the fore­ 1969, Sarkes Tarzian informed the Com­ ceivers placed in use would not be likely going connection the Commission be­ mission that it would regard its request to become a source of harmful interfer­ lieves that the Sarkes Tarzian perform­ as granted were the Commission to grant ence as a result of an excessive number ance data allow sufficient margins to per­ the ETA petition. of measurements at the upper limit per­ mit the set manufacturers to meet the 4. The above petitions were before the mitted by the proposed regulation. test criteria set forth above. Commission on May 2, 1969, on which 6. The continued use of the limit of 9. All interested persons are invited date the Commission adopted an order 500 /¿V/m would not provide adequate to file written comments on or before permitting the 1000 /¿V/m limit until assurance to the Commission that the November 10, 1969, and reply comments January 31, 1970, thereby effectively television receiver in question would not on or before November 21,1969. In reach­ granting the Sarkes Tarzian petition become a source of interference since it ing its decision in this matter, the Com­ and the (a) portion of the EIA petition can at once be seen that a particular set mission may also take into account any (17 FCC 2d 521). In the dispositive por­ could have up to five measurements at ot^ier relevant information before it, in tion of the order, the Commission stated: the 750 /¿V/m level provided that the addition to the comments invited by this Prom the arguments and data set forth average of the other five measurements notice. In the Sarkes Tarzian and EIA petitions, did not exceed 250 /¿V/m—a condition 10. In accordance with the provisions the Commission is persuaded that a radiation which, as will be shown below, could be of § 1.419 of the Commission’s rules, an limit of 500 microvolts per meter at 100 feet, original and 14 copies of all comments, or even somewhat less, is practicable for readily satisfied in the present state of television broadcast receivers of modern de­ the art. On the other hand, the Com­ replies, pleadings, briefs, or other docu­ sign;, many receivers of current production, mission’s proposed figure of 350 /¿V/m ments filed in this proceeding shall be especially those of foreign manufacture, meet would assure the automatic rejection of furnished the Commission. this requirement now. However because of any set with five readings of 750 /¿V/m, Adopted: October 8,1969. the complexities of the receiver production and thereby lessen the probability that a and distribution process, it appears advisable Released: October 9,1969. to extend once more and for a relatively brief particular set would be troublesome from period, the temporary 1000 microvolt per an interference standpoint. F ederal Communications meter limit. This extension is being granted 7. The proposal to reduce the limit to Commission,5 solely to permit manufacturers to exhaust 350 /¿V/m is otherwise supportable since [ seal ] B en F. W aple, present component inventories, fulfill exist­ it appears that an average of 350 /¿V/m Secretary. ing contractual arrangements, and accom­ or less is presently within the capability plish a complete transition to full compliance of the electronics industry. From the fact Section 15.63 is amended by deleting with the 500 /¿V/m limit. In this regard, that most sets of foreign manufacture the present text of paragraph (c) and in­ the Commission takes at face value the as­ serting the following new test: surances implied in the petitions that further now meet the limit of 500 /¿V/m on an extensions will not be requested. It further absolute basis it appears clear that such § 15.63 Radiation interference limits. appears that the adoption of a more rigor­ sets could meet the proposed new stand* * * * lk * ously described method of radiation meas­ ard on an average without difficulty. EIA urement, which would involve statistical or has supplied the Commission with data (c) For television broadcast receivers averaging procedures, may have merit. The demonstrating the reductions in radia­ the limit in the band 470-1000 MHz shall Commission intends to study this matter tion achieved by American manufactur­ be 350 /¿V/m, compliance being deter­ further.1 ers of television receivers in recent years. mined as follows: 5. The Commission’s further study has These data show that whereas, in 1962, (1) Measurements shall be made at the led to the instant proposal to amend (a) 56 percent of sets tested had at least following 10 frequencies in the band § 15.63(c); namely, to reduce the field one measurement in band 470-1000 MHz strength limit for energy radiated by exceeding 500 /¿V/m, (b) 31 percent of 470-1000 MHz. television receivers2 in the band 470-1000 such sets had at least one such measure­ MHz MHz MHz MHz from 500 /¿V/m at 100 feet to 350 ment exceeding 750 /¿V/m, and (c) the 520 700 850 maximum average of the measurements 550 750 900 /¿V/m at 100 feet, and to provide that the 600 800 931 field strength shall be determined by the was between 700 and 800 /¿V/m. The re­ 650 average of 10 measurements taken on sults of similar tests in 1968 were 10 frequencies to be specified in the rule2 (a) Only 26 percent with at least one (Note: If measurements cannot be made measurement exceeding 500 /¿V/m, on one or more of the frequencies listed 1 Both the Sarkes Tarzian and the EIA because of the presence of signals from li­ (b) Only 7 percent with at least one censed radio stations, measurements should petitions had suggested the use of statistical measurement exceeding 750 /¿V/m, and or averaging procedures. be made on a nearby frequency. The report 3 This proposal is directed only to televi­ (c) A maximum average of the meas­ should indicate the actual frequency (ies) on sion broadcast receivers and consequently urements of between 300 and 400 /¿V/m/ which measurements were made). 8. Data supplied by Sarkes Tarzian are does not call for modification of § 15.63(a) (2) The average of the 10 measure­ which relates to receivers in general. even more persuasive that 350 /»V/m is 8 The Commission proposes that the meas­ ments shall not exceed 350 /¿V/m. urements be taken on the frequencies 520, 4 While the EIA proposal of the 750 /¿V/m (3) No measurement shall exceed 750 550, 600, 650, 700, 750, 800, 900, and 931 MHz, individual limitation, which we preliminarily z*V/m. with provision that should signals from li­ accept, purportedly reflects an operating ex­ censed facilities in the area preclude meas­ perience of approximately one set in four [F.R. Doc. 69-12237; Filed, Oct. 13, 1969; urements on one or more of the specified having one or more measurements in excess 8:47 a.m.] frequencies, measurements on nearby fre­ of 500 /¿V/m, the Commission invites further quencies (disclosed in appropriate reports to comment from manufacturers as to the ne­ 5 Commissioners Hyde, Chairman; and the Commission) would be permitted. cessity for that high a tolerance. Wadsworth absent.

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15808 PROPOSED RULE MAKING

t 47 CFR Parts 89, 91 ] are advisory in nature, proceedings to en­ force the requirements of law as expressed [Docket No. 18643] FEDERAL TRADE COMMISSION in the Guides may be brought under the* Fed­ [ 16 CFR Part 252 1 eral Trade Commission Act (15 U.S.C. secs. PUBLIC SAFETY RADIO SERVICES 41-58). Briefly stated,, the Federal Trade LABELING AND ADVERTISING OF Commission Act makes it illegal for one to Operation of Mobile Relay Systems, engage in “unfair methods of competition in Fixed Relay Stations, and Repeater WIGS AND OTHER HAIRPIECES commerce and unfair or deceptive acts or Stations; Order Extending Time for Proposed Guides and Notice of Op­ practices in commerce,” as commerce is de­ fined therein. In this connection, the Com­ Filing Comments portunity To Present Written Views, mission considers wigs as “cosmetics” under In the matter of amendment of Parts Suggestions, or Objections section 15(2) (e) of the Federal Trade Com­ mission Act, and thus, it will assume juris­ 89 and 91 of the Commission’s rules gov­ Proposed Guides for Labeling and Ad­ diction under section 12 of the Act over false erning the operation of mobile relay sys­ vertising of Wigs and Other Hairpieces wig advertising disseminated by U.S. mails, tems, fixed relay stations and repeater are hereinafter set forth and are today or in commerce by any means, which is likely stations; petition filed by the California made public by the Commission for con­ to induce the sale of such products, or dis­ Public-Safety Radio Association, Inc., to sideration by industry members and seminated by any means which is likely to permit operation of mobile relay stations other interested or affected parties pur­ induce the sale in commerce of such on frequencies below 150 Mc/s in the suant to the Federal Trade Commission products. Moreover, the Commission considers that Public Safety Radio Services; docket No. Act, as amended, 15 U.S.C. 41-58, and wigs are subject to the requirements of the 18643, RM-386. the provisions of Part 1, Subpart A, of Flammable Fabrics Act (15 U.S.C. section 1. The National Association of Manu­ the Commission’s Procedures and Rules 1191) and it will assume jurisdiction there­ facturers (NAM) has requested a 15-day of Practice, 16 CFR 1.5, 1.6. under when deemed appropriate. extension of time for filing comments in Opportunity is hereby extended by the Inasmuch as the Commission believes that the above-captioned matter. A similar re­ Federal Trade Commission to any and under certain circumstances the failure to quest for a 30-day extension has been all persons, firms, corporations, organi­ disclose material information to consumers filed by the Central Committee on Com­ may result in their deception, the Guides zations, or other parties affected by or provide for affirmative disclosure in some munication Facilities of the American having an interest in the proposed Guides instances. In this regard, the lack of oppor­ Petroleum Institute (API). Still another for Labeling and Advertising of Wigs tunity for a mail-order purchaser to inspect request, but for a 60-day extension, has and Other Hairpieces, to present to the a wig prior to purchase may necessitate dis­ been submitted by the Northern Cali­ Commission their views concerning the closure in mail-order advertising that may fornia Chapter of the Associated Public- Guides, including such pertinent infor­ not be considered material in other Safety Communication Officers, Inc. mation, suggestions, or objections as they advertising. (APCO). The notice, which was released may desire to submit. For this purpose, The content of these Guides is not to be on August 25, 1969, called for comments construed as an expression of opinion con­ copies of the proposed Guides, which are cerning the relative merits of the various and reply comments on October 3, 1969, advisory in nature as to the applicability materials used in the manufacture of the and October 13, 1969, respectively. of legal requirements, may be obtained products of this industry. Rather, the dis­ 2. To support its request for a 30-day upon request to the Commission. Such closure provisions of the Guides are intended extension, API states that in order to data, views, information, and sugges­ to insure that the consumer is not deceived develop meaningful and constructive tions may be submitted by letter, memo­ into thinking he is getting one material comments, it ‘‘is conducting studies and randum, brief, or other written com­ when actually he is furnished another. experiments to determine the effect that munication not later than December 15, Sec. this amendment will have on existing 1969, to the Chief, Division of Industry 252.0 Definitions. users * * *” and that it intends to so­ Guides, Bureau of Industry Guidance, 252.1 Misrepresentation (general). licit the opinions of its members “the 8th Federal Trade Commission, Pennsylvania 252.2 Disclosure of hair composition. and 9th of October when the Central 252.3 Disclosure of foreign origin. Avenue and Sixth Street NW., Washing­ 252.4 Flammability. Committee convenes in Atlanta, Georgia, ton, D.C. 20580. for its annual meeting.” 252.5 Use of terms such as “hair,” “natu­ Text of the proposed Guides follows: ral hair,” “real hair,” etc., and 3. The circumstances upon which the trade names. API request is based appear to warrant Note: These Guides have not been ap­ 252.6 Disclosure relating to used industry proved by the Federal Trade Commission. products or parts thereof. grant of a 30-day extension of the com­ They are a draft of proposed Guides which ment period. This extension would cover 252.7 Representations as to “handmade,” are made available to all interested or af­ etc. the 15 days requested by NAM so that fected parties for their consideration and for 252.8 Representations as to “custom- organization’s submission need not be submission of such views, suggestions, or ob­ made,” etc. * separately considered. Additional time jections as they may care to present, due con­ 252.9 Representations of color. for comment as requested by APCO is not sideration to which will be given by the Com­ 252.10 Representations of style. adequately supported and, therefore, is mission before proceeding to final action on 252.11 Representations as to “virgin” hair. the proposed Guides. not considered to be warranted. The Commission has been concerned re­ Au th o rity : The provisions of this Part 252 4. Accordingly, the API and NAM re­ cently with acts and practices of some manu­ issued under 38 Stat. 717, as amended; 15 quests are granted. To the extent that facturers, importers, distributors, and retail­ U.S.C. 41-58. the APCO request is consistent with the ers of wigs and other hairpieces (hereinafter § 252.0 Definitions. action taken herein, it also is granted but referred to as wigs), and is issuing these otherwise is denied. Guides in the interest of the purchasing pub­ (a) “Industry member” means any 5. Accordingly, it is ordered, Pursuant lic and to assist those engaged in the manu­ person, firm, corporation, or organiza­ facture and sale of wigs to avoid possible vio­ tion engaged in the manufacture, sale, to § 0.331(b) (4) of the Commission’s lations of the Federal Trade Commission Act. rules, that the time for filing comments Information coming to the Commission’s or distribution of any industry products in the above-captioned proceeding is ex­ attention from various sources such as rep­ as defined below. tended to November 3,1969, and the time utable manufacturers and sellers of wigs, (b) “Industry product” means any for filing reply comments is extended to Better Business Bureaus, and consumers re­ kind or type of lady’s wig, wiglet, fall, November 14, 1969. flects that guidance is clearly needed with re­ spect to certain practices. These Guides are chignon, or other hairpiece and any kind Adopted: October 6,1969. released in the belief that the more knowl­ or type of man’s toupee or other hair­ edge businessmen have as to the require­ piece. F ederal Communications ments of laws designed to protect the con­ Commission, sumer and foster open and fair competition, (c) “Hair composiiton” means the type [seal] J. E. B arr, the greater the likelihood that they will of hair fiber contained in an industry Chief, Safety and Spe­ conform to those laws, with attendant ben­ product. Hair composition may consist cial Radio Services Bureau. efits to both the public and the business community. of, or be a combination of, three basic [F.R. Doc. 69-12238; Filed, Oct. 13, 1969; While the Guides are interpretive of laws types of fiber, namely, human hair, ani­ 8:47 a.m.] administered by the Commission and thus mal hair, and artificial hair.

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 PROPOSED RULE MAKING 15809

§ 252.1 Misrepresentation (general). splcuous, and labels bearing such disclosure § 252.5 Use of terms such as “hair,” should be attached to the product with suffi­ An industry product should not be “natural hair,” “real hair,” etc., and cient permanency so as to remain thereon trade names. labeled, advertised, or otherwise repre­ until sale to the ultimate purchaser. sented in any manner which may have The unqualified term “hair,” and the the capacity and tendency or effect of (b) Mail order advertising. A disclo­ terms “natural hair,” “true hair,” “gen­ misleading or deceiving purchasers or sure of foreign country of origin of the uine hair,” “real hair,” and other terms prospective purchasers concerning the hair in an industry product, indicated of similar import, as well as trade names composition, quality, durability, con­ in the labeling provision in paragraph which have the capacity of misleading struction, weight, length, size, fit, color, (a> of this section, should also be made a purchaser or prospective purchaser into style, ease of styling, maintenance, serv­ in all mail order advertising. believing that an industry product is ice, guarantee, origin, price, or any other (c) Other advertising. A disclosure of made of human hair, should not be used feature of such product.1 foreign country of origin of the hair in to describe an industry product contain­ an industry product need» not be made ing either animal hair or artificial hair. [Guide 1] in other advertising unless in the absence [Guide 5] § 252.2 Disclosure of hair composition. of disclosure a purchaser or prospective purchaser may likely be deceived. If such § 252.6 Disclosure relating to used in­ Disclosure of hair composition of an advertising contains any representation, dustry products or parts thereof. industry product should be made by whether affirmative or implied, concern­ labeling and in all advertising relating ing origin of the product, or any part (a> An industry product which has to such product. If the hair composition thereof, then the disclosure indicated in been previously used on a trial basis or consists of more than one of the basic the labeling provision in paragraph (a) otherwise, and then returned, should types of fiber, e.g., human hair and arti­ of this section should be made. The fol­ not be offered for resale without clear ficial hair, then thé percentage of each lowing examples are set forth as guid­ and conspicuous disclosure of such fact contained therein should be set forth ance to advertisers. by label attached thereto and in all ad­ on the label attached to the product and vertising relating to such product. The Example 1. An industry product made in label disclosing prior use should be at­ in all advertising pertaining to the “X” country of hair from “Y” country should product. tached to the product with sufficient per­ not be advertised as an “X” country wig, or manency so as to remain thereon until Note 1: Disclosures made in accordance with terms of similar import, unless accom­ with this section should be clear and con­ panied by clear and conspicuous disclosure sale to the ultimate purchaser. spicuous, and labels bearing such disclosures of the fact that the industry product is made Note :• Sellers should maintain adequate should be attached to the product with suf­ of hair from “Y” country. inventory control records that reflect the ficient permanency so as to remain thereon Example 2. An industry product which disposition of returned merchandise. Main­ until sale to the ultimate purchaser. contains non-European hair should not be tenance of inventory control records should Note 2: Percentages of basic types of fiber advertised as “European manufactured,” enable sellers to demonstrate that returned contained in the hair composition of an in­ "European Processed,” “European Wig,” or merchandise was not placed in inventory dustry product should be based upon the re­ with terms of similar import, unless such and resold without disclosing the fact of its lationship between the number of hairs that product was manufactured in Europe and previous use to purchasers. each type contained therein bears to the total unless accompanied by clear and conspicu­ number of hairs in the product. An examina­ ous disclosure of the origin of the hair. (b) An industry product which con­ tion of a representative sample of hair con­ Example 3. An industry product, regardless tains hair, or other components sub­ tained in such a product can be used to de­ of country of manufacture, which contains jected to previous use in an industry termine the actual percentage of each type non-European hair should not be advertised product should not be advertised or oth­ of fiber contained therein. with such terms as “European Texture” or erwise offered for sale without clear and Note 3 : Disclosure of artificial hair may be with other terms of similar import which made with such terms as “simulated hair,” suggest that the product contains European conspicuous disclosure of such fact. Dis­ “man-made hair,” “imitation hair,” or with hair. closure should be made in accordance other terms of similar import, or by the Example 4. An industry product manufac­ with paragraph (a) of this section. generic name of the material itself, or by tured in the United States of imported hair such other term or name, provided such term (“X” country) should not be advertised as [Guide 6] or name clearly discloses the artificial nature an “American Wig,” or with terms of similar of the hair. import, unless accompanied by clear and § 252.7 Representations as to “hand­ conspicuous disclosure of the fact that the made,” etc. [Guide 21 industry product is made of hair from “X” country. An industry product should not be rep­ § 252.3 Disclosure of foreign origin. resented as “handmade,” or with terms [Guide 3] (a) Labeling. An industry product of similar import, unless the entire proc­ should be labeled as to foreign country § 252.4 Flammability. ess of joining or stitching the hair to the of origin of the hair. An example of foundation is performed by hand. • acceptable'labeling, assuming the prod­ An industry product, which is so uct is made entirely of human hair from highly flammable as to be dangerous [Guide 71 “X ” country, would be: when worn by individuals, should not be manufactured for sale, offered for § 252.8 Representations as to “custom- Human Hair Prom “X” Country sale, sold, or distributed in the United made,” etc. N ote 1 : If the hair composition of an States, or imported into the United An industry product should not be de­ industry product consists of hair from more States. scribed with such terms as “custom- than one foreign country, then thé percent­ ages from each country contained therein Note 1: The Commission considers that made,” “customized,” “personalized,” or should be set forth on the label attached to industry products are subject to the require­ with terms of similar import, unless such the product. For, guidance with respect to ments of the Flammable Fabrics Act (15 the statement of percentages, see Note 2 U.S.C.A. section 1191) and that the flamma­ product is to be (a) designed and struc­ under § 252.2. bility standard for industry products is Com­ tured on the basis of actual personal Note 2: Disclosures made in accordance mercial Standard 191-53 or other subse­ measurements of the prospective pur­ with this section should be clear and con- quently promulgated standard of flammabil­ ity pertaining to such products which may chaser, and (b) dyed to a color meeting be established by the Secretary of Commerce 1 All of the Commission’s general Guides, the personal requirements of such pursuant to section 4 of the Act. Copies of purchaser. including its Guides Against Deceptive Pric­ the Act and/or the Commercial Standard are ing, Guides Against Bait Advertising, and available upon request. Guides Against Deceptive Advertising of [Guide 81 Note 2: The prohibitions of the Flamma­ Guarantees, are applicable to the practices of § 252.9 Representations of color. this industry. These Guides have been codi­ ble Fabrics Act apply to industry products fied under Title 16, Parts 233, 238, and 239, which fail the flammability standard either An industry product should not be de­ respectively, of the U.S. Code of Federal before or after washing and/or dry cleaning. scribed with such terms as “custom- Regulations. [Guide 4] colored,” “custom-dyed,” “exact match,”

FEDERAL REGISTER, VOL. 34, NO. 197-^Tl/ESDAY, OCTOBER 14, 1969 15810 PROPOSED RULE MAKING “personalized color,” or with terms of certain manner, fashion or “hairdo” similar import, unless the hair contained when such is not the fact. therein is dyed to match the hair color [Guide 103 of the prospective purchaser. Thus, such terms should not be used to describe the § 252.11 Representations as to “virgin” color of an industry product manufac­ hair. tured of precolored hair stock or any An industry product should not be de­ combination of such precolored stock. scribed as containing “virgin” hair, un­ [Guide 91 less the hair contained therein is human hair and has never been bleached, dyed, § 252.10 Representations of style. or permanented. An industry product should not be [Guide 113 represented in any manner, whether Issued: October 13,1969. through advertising text, depictions or By direction of the Commission. otherwise, that may have the capacity [seal] C J oseph W. S hea, to deceive purchasers or prospective pur­ Secretary. chasers into believing that such product [PR. Doc. 69-12171; Piled, Oct. 13, 1969; is styled or capable of being styled in a 8:45 a.m.]

FEDERAL REGISTER, VOL 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15811 Notices

prevented under chapter 44, title 18, Pounds DEPARTMENT OF THE TREASURY United States Code, from obtaining a Badger hair______200 license under that chapter as a firearms Carpet wool______1,800, 000 Fiscal Service or ammunition importer, manufacturer, Cotton waste______4, 550, 000 Goat hair______610,000 [Dept. Circ. 570, 1969 Rev., Supp. 3] dealer, or collector. In addition under Horse mane hair____ 585,037 title VII of the Omnibus Crime Control KANSAS BANKERS SURETY Horse tail hair______70, 000 and Safe Streets Act of 1968 (82 Stat. Silk waste______435, 000 COMPANY 236; 18 U.S.C., Appendix) because of Yak hair______410,392 such conviction it would be unlawful for Surety Company Acceptable on Licenses under the Foreign Assets Con­ Federal Bonds Mr. Robert Bruce Hertzler, to receive, possess, or transport in commerce a fire­ trol Regulations (31 CFR 500.101- A Certificate of Authority as an ac­ arm. Notice is hereby further given that 500.808) for the importation of these ceptable surety on Federal bonds has I have considered Robert Bruce Hertzler’s commodities produced in the U.S.S.R. been issued by the Secretary of the application and have found: or Outer Mongolia will be issued under Treasury to the following company (1) The conviction was made upon a the conditions outlined hereunder: under sections 6 to 13 of title 6 of the charge which did not involve the use of (1) Applications must be filed before United States Code. An underwriting a firearm or other weapon or a violation December 31, 1969, and must be accom­ limitation of $80,000 has been estab­ of chapter 44, title 18, United States panied by a copy of a firm contract with lished for the company.. Code, or of the National Firearms Act; the seller subject only to the obtaining and of the necessary license. The contract Name of company, location of principal must provide for shipment from the executive office, and State in which (2) It has been established to my U.S.S.R. on or before January 31,1970. incorporated: satisfaction that the circumstances re­ (2) Licenses will be nontransferable The Kansas Bankers Surety Company garding the conviction^ and the appli­ and imports may be made only in the Topeka, Kansas cant’s record and reputation, are such name of and for the account of the Kansas that the applicant will not be likely to act in a manner dangerous to public licensee. Certificates of Authority expire on (3) If the contract is with a seller in safety, and that the granting of the re­ a third country any license issued will June 30 each year, unless sooner re­ quested relief to Robert Bruce Hertzler voked, and new Certificates are issued from disabilities incurred by reason of require that the goods be shipped di­ on July 1 so long as the companies re­ his conviction, would not be contrary to rectly from the U.S.S.R. to the United main qualified (31 CFR Part 223). A list the public interest. States, or, if not, that they remain in of qualified companies is published an­ It is ordered, Pursuant to the author­ continuous carriers’ custody during the nually as of July 1 in Department Circu­ ity vested in the Secretary of the Treas­ entire period of transshipment. lar 570, with details as to underwriting ury by section 925(c), of title 18, United Licenses will be valid until the date of limitations, areas in which licensed to States Code and delegated to me by the shipment specified in the contract and transact fidelity and surety business and will be extended to permit Customs en­ regulations in Title 26, Part 178, Code of try and transactions under the letter of other information. Copies of the Circu­ Federal Regulations, that Robert Bruce lar, when issued, may be obtained from credit with respect to goods shipped pur­ Hertzler be, and he hereby is, granted suant to the contract. the Treasury Department, Bureau of relief from any and all disabilities im­ Accounts, Audit Staff, Washington, posed by Federal laws with respect to the Applications for licenses must be filed D.C. 20226. in duplicate on Form TFAC-1 with the acquisition, receipt, transfer, shipment, Federal Reserve Bank of New York, 33 Dated: October 8, 1969. or possession of firearms, incurred by Liberty Street, New York, N.Y. 10045. reason of the conviction hereinabove [seal] J ohn K. Carlock, described. Applications will be considered in the Fiscal Assistant Secretary. order in which they are received. Persons Signed at Washington, D.C., this 8th applying for a license to import more [P.R. Doc. 69-12266; Piled, Oct. 13, 1969; day of October 1969. 8:50 a.m.]. than one commodity should file a sepa­ [seal] R andolph W. T hrower, rate application for each such commod­ Commissioner of Internal Revenue. ity. Internal Revenue Service [P.R. Doc. 69-12268; Piled, Oct. 13, 1969; Additional information and license ap­ 8:50 a.m.] plication forms may be obtained from the ROBERT BRUCE HERTZLER Federal Reserve Bank of New York or from the Office of Foreign Assets Control, Notice of Granting of Relief Office of Foreign Assets Control Treasury Department, Washington, D.C. Notice is hereby given that Robert 20220. Bruce Hertzler, Route 5, Box 5400, Albu­ HAIR OF CERTAIN ANIMALS, COTTON AND SILK WASTE AND CARPET WOOL [seal] Margaret W. S chwartz, querque, N. Mex., has applied for relief Director, from disabilities imposed by Federal laws Importation From Countries Not in Office of Foreign Assets Control. with respect to the acquisition, receipt, transfer, shipment, or possession of fire­ Authorized Trade Territory; Appli­ [F.R. Doc. 69-12267; Filed, Oct. 13, 1969; arms incurred by reason of his convic­ cations for Licenses 8:50 a.m.] tion on October 20, 1959, in the District Reference is made to the January 16, Court of the Second Judicial District in 1968, notice regarding hair of certain Office of the Secretary and for the county of Bernalillo, N. Mex., animals, cotton and silk waste, and car­ [Treasury Dept. Order 178-2] of a crime punishable by imprisonment pet wool from certain countries not in COMMISSIONER OF ACCOUNTS for a term exceeding 1 year. Unless relief the authorized trade territory. Partic­ is granted, it will be unlawful for Robert Delegation of Authority to Execute Bruce Hertzler, because of such convic­ ular reference is made to the penultimate tion to ship, transport, or receive in in­ paragraph of that notice. Following is a Agreements of Indemnity terstate or foreign commerce any list of balances of commodities still By virtue of the authority vested in the firearm or ammunition, and he would be available for licensing: Secretary of the Treasury, including the

FEDERAL REGISTER, VOL ¿*4, NO. 197— TUESDAY, OCTOBER 14, 1969 No. 197- -5 15812 NOTICES authority in Reorganization Plan No. 26 fu n c t io n s relating to fu n d s and fiscal P art 2—Authority to Superintendents MATTERS of 1950, and by virtue of the authority Sec. FUNCTIONS RELATING TO SOCIAL SERVICE vested in me as Fiscal Assistant Secretary 3.10 Quarterly pro rata share payments— MATTERS by Treasury Department Order No. 190, Osage. S ec. 2.1 Deputy special officers’ com­ Revision 6, there is hereby delegated to 3.11 Individual Indian trust funds—Osage. the Commissioner of Accounts the au­ 3.12 Deposit and expenditure of individual missions. The issuance of deputy special thority of the Secretary of the Treasury funds—Osage. officers’ commissions to persons working in law enforcement for the maintenance under section 3b of the Government fu n c t io n s relating to lands and m inerals Losses in Shipment Act, 50 Stat. 479, as of law and order on Indian reservations. amended by the Act of August 10, 1939, 3.20 Mineral and lease permits. S ec. 2.2 Approval of sentences. The 53 Stat. 1359 (40 U.S.C. 725), to execute 3.21 Surface leases and permits. approval of sentences, imposed on 3.22 Land exchange, partitions, and change Indian employees of the Bureau of and deliver, on behalf of the United designation of homesteads—Osage. States, agreements of indemnity to ob­ 3.23 Headlights—Osage. Indian Affairs by Courts of Indian Of­ tain the replacement of any instrument 3.24 Allotment applications. fenses as provided in 25 CFR 11.2(d), or document which has been received by 3.25 Certifications and notices. and by tribal courts as provided by any the United States and subsequently lost, 3.26 Rights-of-way. law and order code. destroyed or so mutilated as to impair P art 1—General FUNCTIONS RELATING TO FUND AND FISCAL its value. MATTERS S ection 1.1 Authorities from the Dated: September 29,1969. Area Director. The authorities of the S ec. 2.10 Individual Indian moneys. [seal] J ohn K. Carlock, Commissioner of Indian Affairs dele­ The approval of expenditures of indi­ Fiscal Assistant Secretary. gated to the Area Director in 10 BIAM 3 vidual Indian moneys held in the cus­ are hereby redelegated to Superintend­ tody of the Department. This authority [F.R. Doc. 69-12265; Filed, Oct. 13, 1969; extends to and includes investments, 8:49 a.m.] ents in the Muskogee Area as set out herein. For the purposes of this redele­ loans, and donations by individual gation order the term Superintendent Indians, excepting members of the Five means Agency Superintendents and Civilized Tribes. School Superintendents. S ec. 2.11 Loan agreements and DEPARTMENT OF THE INTERIOR S ec. 1.2 Limitations. Delegations of modifications. The approval of applica­ Bureau of Indian Affairs authority made by this order are not to tions by individuals, up to $10,000 limit, cooperative associations, credit associa­ [Muskogee Area Office Redelegation Order 2] be construed as depriving the Area Di­ rector of the authority conferred upon tions, and incorporated and unincorpo­ CERTAIN OFFICIALS AND EMPLOYEES him by the Commissioner of Indian Af­ rated tribes and bands, and groups of IN MUSKOGEE AREA OFFICE fairs, nor the authority to issue guide­ Indians, for loans pursuant to 25 CFR lines or instructions for the implemen­ Part 91; the issuance of commitment Delegation of Authority tation of the delegated authorities orders; the approval of modifications of loan agreements; the approval of interest S eptember 12, 1969. which shall be binding on the recipients. S ec. 1.3 Appeals. Any action taken rates and the terms and conditions of Muskogee Area Office Redelegation by a Superintendent or other officer pur­ loans to encourage industry; and the ap­ Order No. 1, 20 F.R. 657, as amended, suant to Part 2 or 3 of this order shall be proval of articles of association and by­ is hereby revoked and the following is subject to the right of appeal. An appeal laws of cooperative and credit associa­ substituted therefor: may be taken from the decision of such tions; and determination of the accept­ P art 1—G eneral Superintendent or other officer, to the ability of the form of organization of Sec. Area Director, Muskogee Area Office. An groups of Indians applying for loans to 1.1 Authority. appeal must be filed in writing with such encourage industry. 1.2 Limitations. 1.3 .Appeals. Superintendent or other officer and shall functions relating to lands and 1.4 Authority of the Deputy Area Director. be promptly transmitted by him with MINERALS 1.5 Authority of persons designated as Act­ the record in the case to the Area Di­ ing Area Directors. rector, Muskogee Area Office. Any action S ec. 2.20 Allotment applications. The issuance of certificates of eligibility for P art 2—Au th o rity o f Superintendents taken by the Area Director pursuant to this order shall be subject to the right allotments on the public domain under FUNCTIONS RELATING TO SOCIAL SERVICES of appeal to the Commissioner of Indian authority of the act of February 8, 1887 2.1 Deputy special officers' commissions. Affairs, pursuant to 10 BIAM 3, as (25 U.S.C. sec. 334), or the acts of Feb­ 2.2 Approval of sentences. amended, of the Bureau of Indian Af­ ruary 28, 1891, and June 25, 1910 (25 fairs. Any action taken by the Commis­ U.S.C. sec. 336), and in the national FUNCTIONS RELATING TO FUNDS AND forests pursuant to the act of June 25, FISCAL MATTERS sioner of Indian Affairs pursuant to this order shall be subject to the right of 1910 (25 U.S.C. sec. 337), excepting for 2.10 Individual Indian moneys. appeal to the Secretary of the Interior, members of the Five Civilized Tribes. 2.11 Loan agreements and modifications. pursuant to section 1(a) of Order 2508, „ Sec. 2.21 Tax-exemption certificates. FUNCTIONS RELATING TO LANDS AND MINERALS and 10 BIAM 2, as amended, of the Sec­ The issuance of tax exemption certifi­ 2.20 Allotment applications. retary of the Interior. cates covering lands designated as tax 2.21 Tax exemption certificates. S ec. 1.4 Authority of the Deputy exempt under the provisions of the acts 2.22 Surface leasing and permitting. Area Director. The Deputy Area Director of June 20, 1936 (49 Stat. 1542), as 2.23 Rights-of-way. is authorized to exercise all the power amended by the act of May 19, 1937 (25 2.24 Mineral leases and permits. and authority of the Area Director as U.S.C. 1946 ed., sec. 412a), and May 10, 2.25 Sale of improvements. 1928 (45 Stat. 495), as amended May 24, 2.26 Certificate on deed of acquisition. delegated by the Commissioner of Indian Affairs in 10 BIAM 3. 1928 (45 Stat. 733). 2.27 Sales, fee patents, and other matters S ec. 2.22 Surface leasing and per­ in 25 CFR Part 121. S ec. 1.5 Authority of persons desig­ mitting. All those matters, set forth in FUNCTIONS RELATING TO REDELEGATION nated as Acting Area Director. Persons 25 CFR Part 131, excepting lands of designated as Acting Area Director dur­ 2.30 Redelegatiom authority. the Five Civilized Tribes and members ing his absences may severally exercise . thereof. P art 3— Au th o r ity to D esignated any and all authority conferred upon the S ec. 2.23 Rights-of-way. All of the Em ployees Area Director by the Commissioner of authority set forth in 25 CFR Part 161, fu n c t io n s Relating to social services Indian Affairs, except when specific excepting lands of the Five Civilized 3.1 Appointment of guardians—Ösage. limitations are enumerated. Tribes and members thereof, provided

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 NOTICES 15813 the form of the instrument granting the and all the authorities set forth in 25 proved in accordance with 25 CFR Part particular type of right of way or ease­ CFR Part 108. 131. ment has been approved by the Area S ec. 3.20 Mineral leases and permits. S ec. 3.22 Osage land exchanges, par­ Director or Field Solicitor. (a) The Superintendent, Osage Agency, titions and change designation of home­ S ec. 2.24 Mineral leases and permits. may approve leases and permits for oil, steads. The Superintendent, Osage The approval of sand, gravel, pumice, gas, or other mining purposes, covering Agency, may approve orders to change and building stone leases and permits lands or interests in lands held by the designation of homestead and instru­ not exceeding a 30-day period on tribal United States in trust for the Osage ments vesting title, pursuant to provi­ and allotted lands pursuant to the pro­ Tribe of Indians, or subject to restric­ sions of 25 CFR Part 127 ; and approval visions of 25 CFR Parts 171, 172, and tions against alienation without the con­ of deeds executed pursuant to orders of 174. sent of the Secretary of the Interior, the courts of the State of Oklahoma in S ec. 2.25 Sale erf improvements. The pursuant to 25 CFR Parts 175 and 183. actions instituted under section 5 of the approval, with tribal consent, of sales of The authority delegated herein does not Act of March 2, 1929 (45 Stat. 1478). improvements made upon tribal lands include the approval of instruments pro­ S ec. 3.23 Headrights. The Superin­ by individual Indians. viding for the payment of overriding tendent, Osage Agency, may approve S ec. 2.26 Certificate on deed of ac­ royalty, or approval of royalty rates other transfers of Osage headrights belonging quisition. The execution of the certificate than as authorized in 25 CFR for oil, gas, to any person not an Indian by blood, on a deed of an approved purchase of and other minerals, except sand, gravel, pursuant to the provisions of the Act of land pursuant to 25 CFR Part 121. pumice, and building stone. April 12,1924 (43 Stat. 94). The authority conferred extends to S ec. 2.27 Sales, fee patents, and other S ec. 3.24 Allotment applications. The and includes the approval of, or other Area Realty Officer may issue certificates matters in 25 CFR Part 121. The ap­ appropriate administrative action re­ proval of applications by individuals for of eligibility to members of the Five quired on, assignments of leases, whether Civilized Tribes for allotments on the acquisition, sale, exchange, partition, heretofore or hereafter executed, bonds patent in fee, certificate of competency, public domain under authority of the Act and other instruments required in con­ of February 8, 1887 (25 U.S.C. sec. 334), and removal of restrictions on Indian nection with such leases or assignments land. or the Acts of February 28, 1891 and thereof; unit and communitization June 25, 1910 (25 U.S.C. sec. 336), and in FUNCTIONS RELATING TO REDELEGATION agreements; approval of the valuation of the national forests pursuant to the Act gas pursuant to the provisions of Osage of June 25, 1910 (25 U.S.C. sec. 337). S ec. 2.30 Redelegation authority. Ex­ gas leases; the acceptance of voluntary cept as may otherwise be provided in S ec. 3.25 Certifications and notices. surrender of leases by the lessee; the The Area Realty Officer is delegated au­ this order, the Superintendent may, upon cancellation of leases for violation of the approval of the Area Director, redelegate thority to execute the certificate on an terms thereof; and the approval of approved Order for Removal of Restric­ in writing to any officer or employee agreements for settlement of claims for within his organization, any authority tions and/or instrument of conveyance damage to Indian lands resulting from and to issue the notice of award to the delegated to him by this order or by the oil, gas, or other mineral operations. regulations in 25 CFR. successful bidder at a land sale, pursuant (b) Pursuant to a schedule of bids ap­ to 25 CFR Part 121. P art 3—Authority to D esignated proved by the Area Director, the Area S ec. 3.26 Rights of way. The Area Employees Realty Officer may approve leases for oil Realty Officer may exercise the authority Subject to the provisions of Part 1, and gas mining purposes covering lands of the Area Director in all those matters sections 1.2 and 1.3, the employees des­ or interests in lands held by the United set forth in 25 CFR Part 161, as relates to ignated herein may exercise the author­ States in trust for individual Indians or lands éf the Five Civilized Tribes and tribes of Indians, or subject to restric­ membérs thereof. ity of the Area Director as indicated in tions against alienation without the this part. consent of the Secretary of the Interior, Virgil N. Harrington, FUNCTIONS RELATING TO SOCIAL SERVICE pursuant to 25 CFR parts 171 and 174. Area Director. MATTERS The authority conferred extends to and Approved: October 7,1969. includes the approval of, or other ap­ S ec. 3.1 Appointment of guardians. propriate administrative action required T. W. Taylor, The Superintendent, Osage Agency, on assignments, bonds, voluntary can­ Acting Commissioner may approve the appointment of guard­ of Indian Affairs. ians of Osage Indians pursuant to the cellations, expirations, authorization or revocation of direct payments, notices to [F.R. Doc. 69-12218; Filed, Oct. 13, 1969; provisions of the Act of February 27, successful bidders, and extensions of time 8:45 a.m.] 1925 (43 Stat. 1008). for filing leases, and notice of relinquish­ FUNCTIONS RELATING TO FUNDS AND FISCAL ment of supervision due to sale of min­ [Portland Area Office Redelegation Order 3] MATTERS erals. The authority delegated in this paragraph does not include approval of S ec. 3.10 Osage Indian quarterly pro CERTAIN OFFICIALS AND EMPLOYEES (1) leases on lands purchased or reserved IN PORTLAND AREA rata share payments. The Superintend­ for agency school or other administra­ ent, Osage Agency, may approve quar­ tive purposes, (2) instruments providing Redelegation of Authority terly pro rata share payments of Osage for the payment of overriding royalty, or tribal funds and interest on individual (3) assignments of separate horizons or S eptember 4, 1969. funds in the United States Treasury pur­ strata of the subsurface. The following Portland Order 3 super­ suant to provisions of the Act of June 28, (c) The Area Realty Officer may ap­ sedes existing Portland Order 2. All 1906 (34 Stat. 544), as amended or sup­ prove sand, gravel, pumice, and building previously issued documents related to plemented by the Acts of February 27, stone leases and permits on tribal and Portland Order 1 and Portland Order 2 1925 (43 Stat. 1008), and June 24, 1938 allotted lands pursuant to the provisions that are presently in force will not re­ (52 Stat. 1034). of 25 CFR Parts 171, 172, and 174. quire revision. S ec. 3.11 Osage Indian individual S ec. 3.21 Surface leases and permits. The purpose of this release is to sub­ trust funds. The Superintendent, Osage The Area Realty Officer may exercise the stantially increase Superintendents’ au­ Agency, may approve applications by authority of the Area Director relating thority in certain areas, thereby Osage Indians under section 5 of the Act to surface leases on lands of the Five improving service to the Indian people. bf April 18, 1912 (37 Stat. 87), for the Civilized Tribes and members thereof, Major changes are involved in the Lands withdrawal of individual trust funds in for terms not to exceed five (5) years the Treasury of the United States. pursuant to 25 CFR Part 131; Provided, and Minerals and Tribal Programs sec­ S ec. 3.12 Deposit and expenditure of That leases on tribal lands for home- tions of the delegation. individual funds—Osage. The Superin­ site purposes to members of the tribe or The Portland Area Office redelegation tendent, Osage Agency, may exercise any to tribal housing authorities may be ap­ reads as follows:

FEDERAL REGISTER, VOL 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15814 NOTICES

P art 1— General An appeal may be taken from the deci­ partition, patent in fee, certificates of Sec. sion of such Superintendent or other competency, and removal of restrictions 1.1 This order supersedes past orders. 1.2 Appeals. officer to the Area Director, Portland on Indian lands. 1.3 Limitations. Area Office. An appeal must be filed in (b) Approve applications by author­ 1.4 Authority of Assistant Area Directors. writing with such Superintendent or ized Indian tribal officials for acquisi­ other officer and shall be promptly tion, sale, or exchange of trust or re­ P art 2—Au th o rity to Superintendents transmitted by him with the record in stricted Indian lands. FUNCTIONS RELATING TO LAW AND ORDER the case to the Area Director, Portland (c) Approve conveyances when land Area Office. Any action taken by the 2.00 Approval of sentences. remains in trust on approved forms for 2.01 Deputy special officers’ commissions. Area Director pursuant to this order shall sales, exchanges, gifts, partitions, and 2.02 Appointment, approval, and removal of be subject to the right of appeal to the acquisitions of trust land when consider­ judges. Commissioner of Indian Affairs, pursuant ation is not more than $25,000. to 10 BIAM 3.1 (34 F.R. 638) of the (d) Approve deferred payment plan FUNCTIONS RELATING TO LANDS AND MINERALS Bureau of Indian Affairs. Any action when requested by seller and purchaser 2.10 Sales, fee patents, and other matters. taken by the Commissioner of Indian in sales and exchanges of trust lands only 2.11 Tax exempt certificates. Affairs pursuant to this order shall be between individual Indians or individual 2.12 Leases and permits (nonmineral). subject to the right of appeal to the 2.13 Certify allotment eligibilty. Indians and tribes. 2.14 Mineral leasing. Secretary of the Interior, pursuant to (e) Issue land sale advertisements 2.15 Release of mortgages. section 1(a) of Order 2508, as amended, without referral to the Area Director for 2.16 Rights-of-way. of the Secretary of the Interior. approval. 2.17 Archeological permits. S ec. 1.3 Limitations. Delegations of S ec. 2.11 Tax exempt certificates. Is­ 2.18 Roads. authority made by this order are not to sue tax exemption certificates covering FUNCTIONS RELATING TO CREDIT MATTERS be construed as depriving the Area Di­ lands designated as tax exempt under rector of the authority conferred upon the provisions of the acts of June 20, 2.20 Loan applications. him by the Commissioner of Indian 2.21 Loan security. 1936 (49 Statute 1542), as amended by 2.22 Assignment of trust property. Affairs. the act of May 19, 1937 (25 U.S.C., 1946 2.23 Release interests of United States. S ec. 1.4 Authority of Assistant Area ed.^sec. 412ai). 2.24 Enforce loan agreements. Directors. The Assistant Area Directors S ec. 2.12 Leases and permits (non- 2.25 Inspect credit programs and records. and those persons authorized to act in mineral) . The authority of the Area Di­ 2.26 Furnish information to lender. their behalf during their absence may rector to approve leases and permits FUNCTIONS RELATING TO TRADE WITH INDIANS exercise any and all authority conferred (nonmineral) when authorized by law in upon the Area Director. This authority accordance with 25 CFR 131 except the 2.30 Traders’ licenses. shall be exercised by each within his following: FUNCTIONS RELATING TO FOREST MANAGEMENT functional area of responsibility as de­ (a) Approval of leases for a duration 2.40 Timber sale contracts. fined by the organizational structure in excess of 25 years including exten­ 2.41 Allotment timber sales. current at the time. Major policy deter­ sions. This does not apply to leasing 2.42 Timber cutting permits. minations are subject to review by the tribal land for homesite purposes to 2.43 Fire suppression. Area Director prior to implementation. members of the tribe involved and tribal 2.44 Prevent timber waste. housing authorities. 2.45 Trespass damages. P art 2—Authority of S uperintendents, S chool S uperintendent, and P roject (b) Approval of lease amendment FUNCTIONS RELATING TO RANGE MANAGEMENT E ngineer changing lease purpose or reducing rental when lease exceeds approving 2.50 Grazing privileges. Subject to the provisions of Part 1, authority. FUNCTIONS RELATING TO FUNDS AND FISCAL Superintendents, School Superintendent, (c) Approval of encumbrances by MATTERS and Project Engineer may exercise the lessees of their leasehold interests when 2.60 Individual Indian moneys. authority of the Area Director as indi­ lease exceeds approving authority. 2.61 Acceptance of donations. cated in this part. (d) Approve leases of ceded or sur­ FUNCTIONS RELATING TO TRIBAL PROGRAMS FUNCTIONS RELATING TO LAW AND ORDER plus lands unless title thereto has been restored to the tribe or leasing has been 2.70 Tribal budgets. S ec. 2.60 Approval of sentences. The authorized by a specific statute. 2.71 Dividend and judgment fund rolls. approval of sentences imposed on Indian (e) Approval or revision of forms pre­ P art 3—Au th o rity o f Specifically employees of the Bureau of Indian Af­ scribed by 25 CFR. Designated Em ployees fairs by tribal courts and courts of In­ (f) Modify forms approved by the Sec­ FUNCTIONS RELATING TO IRRIGATION MATTERS dian offenses. retary of the Interior, Commissioner of S ec. 2.01 Deputy special officers’ 3.00 Superintendent, Fort Hall grant Indian Affairs, or the Area Director. concessions. commissions. Issue Deputy Special Of­ S ec. 2.13 Certify allotment eligibility. ficers' commissions for maintenance of Approve or certify eligibility for allot­ FUNCTIONS RELATING TO LANDS AND MINERALS law and order on Indian reservations. ments on the public domain pursuant to 3.10 Special legislation authority. Duration of commission shall extend 10 BIAM 3.1. only through fiscal year in which issued. FUNCTIONS RELATING TO TRIBAL PROGRAMS S ec. 2.14 Mineral leasing. The au­ S ec. 2.02 Appointment, approval, and thority of the Area Director to approve 3.20 Approval of membership rolls. removal of judges. Appointment, ap­ coal, sand, gravel, pumice, and building P art 1—G eneral proval, and removal for cause, of judges stone leases and permits on trust or re­ of courts of Indian offenses pursuant to stricted tribal or individually owned S ection 1.1 This order supersedes the provisions of 25 CFR Part 11. The lands with the following exceptions: other orders. This order supersedes Port­ approval of the appointment of judges land Order 2 (34 P.R. 6802, April 23, of tribal courts as provided by any law (a) Approval on land purchased or 1969) and amendments thereto. All pre­ and order code. reserved for Agency or school purposes. viously issued document related to Port­ (b) Approval of payment of overrid­ land Orders 1 and 2 continue to be au­ FUNCTIONS RELATING TO LANDS AND ing royalty. MINERALS thorized in Portland Order 3 and will not (c) Assignment of separate horizons require revision. Authority to issue this S ec. 2.10 Sales, fee patents, and other or strata of the subsurface. order is contained in 10 BIAM 3.1 and matters. Sales, fee patents, and other Secretarial Order 2508 (10 BIAM 2). matters to be conducted when authorized S ec. 2.15 Release of mortgages. Ap­ S ec. 1.2 Appeals. Any action taken by by law in accordance with 25 CFR Part prove releases of mortgages given as any Superintendent or other officer pur­ 121. security for loans made from restricted suant to Part 2 or Part 3 of this order (a) Approval of applications by indi­ funds of individual Indians, upon proof shall be subject to the right of appeal. viduals for acquisition, sale, exchange, of payment of the loan.

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 NOTICES 15815

S ec. 2.16 Rights-of-way. Approval of 250,000 feet board measure pursuant to FUNCTIONS RELATING TO IRRIGATION rights-of-way on approved forms, includ­ 25 CFR 141.8, 25 CFR 141.13. MATTERS ec ing the granting of permission to survey S . 2.41 Allotment timber sales. Ap­ S ec. 3.00 Superintendent, Fort Hall and related matters pursuant to 25 CFR prove contracts for sale of timber from grant concessions. The Superintendent Part 161. individual allotments under authority of of Fort Hall Agency may grant conces­ S ec. 2.17 Archeological permits. The an approved general contract on ap­ sions on reservoir sites, reserves for approval of permits for the excavation of proved forms pursuant to 25 CFR 141.13. canals, or flowage areas and other lands ruins and archeological sites and the Sec. 241 Timber cutting permits. Is­ which have been withdrawn or other­ gathering of objects of antiquity on In­ sue timber cutting permits on approved wise acquired in connection with the dian reservations pursuant to 25 CFR forms pursuant to 25 CFR 141.19, para­ Fort Hall Irrigation Project and to per­ Part 132. graphs (a) and (b) but not including mit or lease such lands for agricultural, Sec. 2.18 Roads, (a) Authority to paragraph (c). business, or grazing purposes pursuant S ec. 2.43 Fire suppression. Hire tem­ close roads when required for public to 25 CFR Part 203. safety, fire prevention or suppression, porary labor, rent equipment, purchase fish or game protection, or to prevent tools and supplies, and pay for their FUNCTIONS RELATING TO LANDS AND damage to unstable roadbed pursuant to transportation to extinguish forest or MINERALS 25 CFR 162.6. range fires pursuant to 25 CFR 141.21. S ec. 3.10 Special legislation author­ (b) Approve transfer of jurisdiction Sec. 244 Prevent timber waste. Au­ ity. Subject to the same limitations con­ for maintenance to State or local govern­ thority to take immediate action includ­ tained in Part 2 of this delegation order. ment pursuant to 25 CFR 162.8. ing salvage sales not in excess of 250,000 The following Superintendents are feet board measure each to prevent waste authorized all those matters with respect FUNCTIONS RELATING TO CREDIT MATTERS of timber from fire, decay, windthrow, to lands, improvements, and interests Sec. 2.20 Loan applications. Approve insect infestation, disease, or other na­ therein, as provided in the following loan applications and modifications by tural catastrophy on Indian lands held acts. individuals for loans from tribes, subject in trust by the United States. (a) Superintendent, Yakima Agency. to availability of funds and approved S ec. 245 Trespass damages. Accept (1) The act of July 28, 1955 (69 Statute tribal declarations of policy and plans of payment of damages in full in settlement 392) “To authorize the purchase, sale, operation, pursuant to 25 CFR Part 91. of civil trespass cases, pursuant to 25 and exchange of certain Indian lands on S ec. 2.21 Loan security. Approve CFR 141.22, when such settlement does the Yakima Indian Reservation, and for mortgages of trust chattels and crops on not exceed $2,000. “Payment of damages other purposes”, as amended by the act trust land of an Indian, and assignments in full” means payment of the maximum of August 31, 1964 (78 Statute 747). of income from trust or restricted land amount due under applicable law. (b) Superintendent, Colville Agency. of an Indian as security for a loan from FUNCTIONS RELATING TO RANGE MANAGEMENT (1) The act of July 24, 1956 (70 Statute any lender, except to a non-Bureau 626) entitled “Restoring to tribal owner­ S ec. 2.50 Grazing privileges. The au­ lender if the borrower is indebted for a ship certain lands upon the Colville loan made pursuant to 25 CFR Part 91. thority contained in 25 CFR Part 151 except: Indian Reservation, Wash., and for Sec. 2.22 Assignment of trust prop­ other purposes”. erty. Approve the assignment of any trust (a) Establishing reservation minimum acceptable grazing rates on individually (2) The act of June 10, 1968 (82 property of an Indian, except land, and Statute 174) entitled “To authorize pur­ the authority to act as the Indian’s at- owned lands and tribal lands where gov­ erning body does not establish rates. chase, sale, and exchange of certain torney-in-fact to execute leases on any lands on the Spokane Indian Reserva­ trust land in which the Indian borrower (b) Approval of grazing capacity. tion, and for other purposes”. may have an interest and to apply the rentals on the Indian’s indebtedness for FUNCTIONS RELATING TO FUNDS AND FISCAL .(c) Superintendent, Western Wash­ a loan made pursuant to 25 CFR Part 91. MATTERS ington Agency. (1) The act of Septem­ ber 28, 1968 (82 Statute 884) entitled S ec. 2.23 Release interest of United S ec. 2.60 Individual Indian moneys. States. Approve the release of interests Authority relating to individual Indian “To authorize the purchase, sale, ex­ of the United States in any trust or re­ moneys set forth in 25 CFR 104. change, mortgage, and long term leasing of land by the Swinomish Indian Tribal stricted property of an Indian, except S ec. 2.61 Acceptance of donations. land. Accept donations of funds or other prop­ Community, and for other purposes”. S ec. 2.24 Enforce loan agreements. erty for the advancement of the Indian FUNCTIONS RELATING TO TRIBAL PROGRAMS race and use of the donated property Take all steps to enforce loan agree­ S ec. 3.20 Approval of membership ments authorized in 25 CFR 91.10 except in accordance with the terms of the rolls. The Superintendents of Colville, in the case of tribes. donation in furtherance of any program Warm Springs, and Western Washing­ S ec. 2.25 Inspect tribal credit pro­ authorized by other provisions of law for ton agencies may approve membership grams and records. For adherence to 25 the benefit of Indians pursuant to the rolls for tribes under their jurisdiction. CFR Part 91, contractual provisions, and act of February 14, 1931 (46 Stat. approved declarations of policy and plans 1106), 25 U.S.C. Section 451 (1964) as The effective date of this delegation of operation. amended by the act of June 8, 1968 (82 will be the date of publication in the Stat. 171), Public Law 90-333. S ec. 2.26 Furnish information to F ederal R egister. lender. Furnish necessary information to FUNCTIONS RELATING TO TRIBAL PROGRAMS D ale M. B aldwin, any lender to whom an Indian applies for S ec. 2.70 Tribal budgets. The ap­ Area Director. financing except a commitment that a proval of the annual operating budget Approved: October 7, 1969. mortgage on trust land will be approved. and modifications thereof officially sub­ mitted by the tribal governing bodies, T. W. T aylor, FUNCTIONS RELATING TO TRADING WITH provided expenditures are made from Acting Commissioner INDIANS recurring operating income and budget of Indian Affairs. S ec. 2.30 Traders’ licenses. Approve does not exceed anticipated operating [F.R. Doc. 69-12214; Filed, Oct. 13, 1969; issuance of licenses to traders with In­ income. 8:45 a.m.] dian tribes and to remove and revoke S ec. 2.71 Dividend and judgment fund rolls. The approval of dividend and licenses pursuant to 25 CFR Part 251. judgment fund payment rolls based on Geological Survey FUNCTIONS RELATING TO FOREST approved membership rolls. MISSISSIPPI AND WYOMING MANAGEMENT P art 3—Authority of S pecifically Definitions of Known Geologic Struc­ Sec. 2.40 Timber sale contracts. Issue D esignated Employees tures of Producing Oil and Gas Fields advertisements and approve Timber sale Subject to the provisions of Part 1, the contracts on approved forms involving an following employees may exercise the Pursuant to 43 CFR 3120.2-2 (b) notice estimated stumpage volume not to exceed authority of the Area Director. is hereby given that the known geologic

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15816 NOTICES structures of producing oil and gas fields (memorandum dated June 23,1969), that have been defined as follows: DEPARTMENT OF COMMERCE the RCA Model EMU-4B is not suitable N ames o f F ield, Effective D ate, Acreage for the intended uses of the foreign Business and Defense Services article. (6) COLORADO Administration We, therefore, find that the RCA Model Piceance Creek, June 12, 1969------44,133 EMU—4B is not of equivalent scientific UNIVERSITY OF IOWA (26) MONTANA value to the foreign article, for such pur­ Notice of Decision on Application for poses as this article is intended to be Laird Creek, May 6, 1969------2,685 used. Utopia, Aug. 12, 1969______2,800 Duty-Free Entry of Scientific Article The Department of Commerce knows (31) NEW MEXICO The following is a decision on an ap­ of no other instrument or apparatus of Bluit-San Andres, June 19, 1969------4,919 plication for duty-free entry of a scien­ equivalent scientific value to the foreign Buffalo-South Corbin, Sept. 2, 1969— 8, 350 tific article pursuant to section 6(c) of article, for the purposes for which such Flying M, Aug. 13, 1969______7,799 the Educational, Scientific, and Cultural article is intended to be used, which is South Salt Lake, Sept. 3, 1969...... 1, 566 Materials Importation Act of 1966 (Pub­ being manufactured in the United States. (50) WYOMING lic Law 89-651, 80 Stat. 897) and the regulations issued thereunder (32 P.R. Charley M. D enton, Little Mitchell Creek, May 15, 1969— 960 Assistant Administrator for In­ 2433 et seq.). dustry Operations, Business Maps and diagrams showing the A copy of the record pertaining to this and Defense Services Admin­ boundaries of the defined structures decision is available for public review istration. have been filed with the appropriate during ordinary business hours of the land office of the Bureau of Land Man­ Department of Commerce, at the Scien­ [F.R, Doc. 69-12207; Hied, Oct. 13, 1969; agement and are also of record in the tific Instrument Evaluation Division, 8:45 a.m.] Geological Survey, Washington, D.C. Department of Commerce, Washing­ ton, D.C. UNIVERSITY OF WASHINGTON J oel M. J ohanson, Docket No. 69-00518-33-46040. Appli­ Acting Director. cant: University of Iowa, College of Notice of~Decision on Application for October 7,1969. Dentistry, Dental Research Laboratory Duty-Free Entry of Scientific Article [F.R. Doc. 69-12212; Filed, Oct. 13, 1969; (Oakdale), Iowa City, Iowa 52240. The following is a decision on an ap­ 8:45 a.m.] Article: Electron microscope, Model plication for duty-free entry of a scien­ Elmiskop 51. Manufacturer: Siemens tific article pursuant to section 6 (0 of A.G., West Germany. Intended use of Office of the Secretary the Educational, Scientific, and Cultural article: The article is intended to be Materials Importation Act of 1966 (Pub­ ALABAMA, LOUISIANA, AND used for controlling experimental proce­ lic Law 89-651, 80 Stat. 897) and the MISSISSIPPI dures and for educational purposes in regulations issued thereunder (32 P.R. biological research projects in the aca­ 2433 et seq.). Determination of Commercial Fishery demic disciplines of medicine and A copy of the record pertaining to this Failure Due to Resource Disaster dentistry. The outlines or projects in decision is available for public review progress are as follows: October 8,1969. during ordinary business hours of the A. Past processing of experiments Department of Commerce, at the Scien­ Whereas, many firms and individuals and preparation procedures in ultra- tific Instrument Evaluation Division, are engaged in raising, harvesting, proc­ structural fixation of nervous tissue. Department of Commerce, Washing­ essing, and marketing oysters in the B. Checking of preparation proce­ ton, D.C. States of Alabama, Mississippi, and dures in aerosol particle counts from Docket No. 69-00526-33-46040. Appli­ Louisiana; and dental drilling. cant: University of Washington Medical Whereas, on August 17-18, 1969, Hur­ C. Fast processing of staining proce­ School, Department of Pathology, Seat­ ricane Camille subjected the coastal dures for biological ultrastructure. tle, Wash. 98105. Article: Electron areas of Alabama, Mississippi, and Loui­ D. Training of postgraduate and microscope, Model EM 6B/801 and ac­ siana to extreme wind and wave action, graduate students in biological ultra­ cessories. Manufacturer: Associated causing extensive damage and destruc­ structure. Electrical Industries Ltd., United King­ tion to the oyster resource through silt­ Comments: No comments have been re­ dom. Intended use of article: The article ing, deposition of marsh grass, and litter­ ceived with respect to this application. will be used for research and training ing with debris of oyster grounds; and Decision: Application approved. No in­ by present and future trainees, as well as Whereas, extensive uninsured losses of strument or apparatus of equivalent by the principal instructors who are ex­ oyster production in the 1969-70 season scientific value to the foreign article, for perienced electron microscopists. A will amount to a several million dollar such purposes as this article is intended number of tho projects concerned with decrease in State incomes; and to be used, is being manufactured in the research require the highest resolution Whereas, the serious disruption of the United States. Reasons: For the intended available in electron microscopes. These oyster fisheries in Alabama, Mississippi, uses, the applicant requires a relatively include studies of fibrils, collagen, the and Louisiana caused by alteration of simple, compact electron microscope components of elastic fiber, and bac­ habitat was due to natural causes; and which bridges the gap between light teriophage. In addition, high resolution Whereas, effective and practical res-, microscopes, and the complex, highly microscopy will be used for studying ele­ toration measures are known; sophisticated research type of electron mentary particles of mitochondrial Now, therefore, as Secretary of the microscope. The foreign article has a membranes and isolated ribosomes after Interior, I hereby determine that the relatively low resolution (35 to 40 ang­ negative staining procedures. Com­ foregoing circumstances constitute a stroms) , a fixed accelerating voltage, and ments: No comments have been received commercial fishery failure due to a re­ a photo-plate film magnification of with respect to this application. Deci­ source disaster within the meaning of 12,500x. The most closely comparable sion: Application approved. No instru­ section 4(b) of Public Law 88-309, as domestic electron microscope is the ment or apparatus of equivalent scien­ amended. Pursuant to this determina­ Model EMU-4B formerly manufactured tific value to the foreign article, for such tion, I hereby authorize the use Of funds by the Radio Corp. of America (RCA), purposes as this article is intended to appropriated under the above legislation which has a resolution of 5 angstroms. be used, is being manufactured in the to rehabilitate, restore, and put back into (The lower the numerical rating in terms United States. Reasons: The applicant’s production the oyster grounds in the of angstrom units, the better the resolv­ research program involves studies with States of Alabama, Mississippi, and ing capabilities.) The RCA Model EMU- stereomicroscopy at the highest attain­ Louisiana. 4B also has four to five accelerating able resolution. For this purpose, the R ussell E, T rain, voltages and magnification in excess of foreign article is equipped with a speci­ Acting Secretary of the Interior. 200,000x. men stage that is capable of being tilted [F.R. Doc. 69-12236; Filed, Oct. 18, 1969; We are advised by the Department of 30° in either direction without loss of 8:47 a.m.] Health, Education, and Welfare (HEW) resolution.

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 NOTICES 15817 The most closely comparable domestic converted to its methyl ester which is in­ Pont de Nemours & Co., Wilmington, Del. electron microscope is the Model EMU- jected into the gas chromatograph. 19898, proposing the establishment of a 46, which is currently being produced by Dated: October 7,1969. tolerance (21 CFR Part 120) of 0.2 part the Forgflo Corp. (Forgflo). At the time per million for negligible residues of the the applicant ordered the foreign article, R. E. D uggan, insecticide methomyl in or on the raw the Model EMU-4B was being manufac­ Acting Associate Commissioner agricultural commodity group root crop tured by the Radio Corp. of America for Compliance. vegetables. (RCA), but RCA did not produce a tilting [F.R. Doc. 69-12217; Filed, Oct. 13, 1969; The analytical method proposed in the stage for the Model EMU-4B. This acces­ 8:46 a.m.] petition for determining residues of the sory may be obtained from Fulham and insecticide is that of H. L. Pease and Co. (Fulham), a domestic manufacturer. J. J. Kirkland, published in the “Journal Neither Fulham nor RCA, however, would CIBA AGROCHEMICAL CO. AND NOR­ of Agricultural and Food Chemistry,” vol. guarantee that the domestic tilting stage A M AGRICULTURAL PRODUCTS, INC. 16, pp. 554-57 (1968), could be used without lowering the reso­ Dated: October 7,1969. lution of 5 angstroms specified for the Notice of Filing of Petitions Regarding EMU-4B. Pesticide Chemical and Food Additive R. E. D uggan, Acting Associate Commissioner In this regard, the Department of Pursuant to the provisions of the Fed­ Health, Education, and Welfare (HEW), eral Food, Drug, and Cosmetic Act (secs. for Compliance. advises us that before the domestic tilting 408(d)(1), 409(b)(5), 68 Stat. 512, 72 [F.R. Doc. 69-12220; Filed, Oct. 13, 1969; stage could be used with the Model EMU- Stat. 1786; 21 U.S.C. 346a(d) (1), 348(b) 8:46 a.m.] 4B, the focal length of the objective lens (5)), notice is given that a pesticide must be increased, which precludes the petition (PP OF0885) has been filed HODAG CHEMICAL CORP» possibility of obtaining the specified 5 jointly by CIBA Agrochemical Co., Divi­ angstroms resolution. (Memorandum sion of CIBA Corp., Post Office Box 1105, dated June 24, 1969.) HEW, therefore, Notice of Filing of Petition Regarding Vero Beach, Fla. 32960, and NOR-AM Food Additives concludes that for purposes requiring Agricultural Products, Inc., 11710 Lake stereomicroscopy for accomplishment, Avenue, Woodstock, 111. 60098, proposing Pursuant to the provisions of the Fed­ the Model EMU-4B is not of equivalent the establishment of tolerances (21 CFR eral Food, Drug, and Cosmetic Act (sec. scientific value to the foreign article. Part 120) for residues of the insecticide 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 For the foregoing reasons, we find that N’ - (4 - chloro-o-tolyl) - N,N - dimethyl- (b)(5)), notice is given that a petition the RCA Model EMU-4B is not of equiva­ formamidine in or on the raw agricul­ (FAP OH2460) has been filed by Hodag lent value to the foreign article for such tural commodities: Pears at 5 parts per Chemical Corp., 7247 North Central Park purposes as this article is intended to be million; peaches and plums at 4 parts Avenue, Skokie, 111. 60076, proposing that used. per million; and apples at 3 parts per § 121.1155 Chemicals used for the con­ The Department of Commerce knows million. The residues result from appli­ trol of micro-organisms in cane-sugar of no other instrument or apparatus of cation of the insecticide as the free base mills (21 CFR 121.1155) be amended to equivalent scientific value to the foreign or as the hydrochloride salt. provide for the safe use of a combination article, for the purposes for which such Notice is also given that the same firms of ethylenediamine, disodium ethylene- article is intended to be used, which is have filed a related food additive petition bisdithiocarbamate, and sodium dimeth- being manufactured in the United States. (FAP OH2457) proposing the establish­ yldithiocarbamate to control micro-orga­ Charley M. D enton, ment of a food additive tolerance (21 nisms in cane-sugar mills. Assistant Administrator for In­ CFR Part 121) of 10 parts per million for Dated»: October 7,1969. dustry Operations, Business residues of this insecticide in or on dried and Defense Services Admin­ prunes from application of the insecticide R. E. D uggan, istration. to the growing raw agricultural com­ Acting Associate Commissioner for Compliance. [F.R. Doc. 69-12208; Filed, Oct. 13, 1969; modity plums. 8:45 a.m.] The analytical method proposed in the [F.R. Doc. 69-12219; Filed, Oct. 13, 1969; pesticides petition for determining res­ 8:46 a.m.] idues of the insecticide is a procedure in which the residue is hydrolyzed to p- QUAKER CHEMICAL CORP. DEPARTMENT OF HEALTH, chlorotoluidine, steam distilled, and ex­ tracted into isooctane. The extract is Notice of filing of Petition for Food then diazotized and coupled with N- Additives EDUCATION, AND WELFARE ethyl-l-naphthylamine to produce a pur­ Food and Drug Administration ple dye which is determined colorimetri- Pursuant to the provisions of the Fed­ cally at 535 millimicrons. Interfering azo eral Food, Drug, and Cosmetic Act (sec. AMCHEM PRODUCTS, INC. dyes derived from other sources are 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Notice of Filing of Petition Regarding removed by chromatography on a cellu­ (b )(5)), notice is given that a petition lose column. (FAP OB2456) has been filed by Quaker Pesticide Chemical Chemical Corp., Elm and Sandy Streets, Pursuant to the provisions of the Fed­ Dated: October 7, 1969. Conshohocken, Pa. 19428, proposing that eral Food, Drug, and Cosmetic Act (sec. R. E. D uggan, § 121.2531 Surface lubricants used in the 408(d)(1), 68 Stat: 512; 21 U.S.C. 346a Acting Associate Commissioner manufacture of metallic articles (21 CFR (d) (1)), notice is given that a petition for Compliance. 121.2531) be amended to-provide for the (PP 0F0887) has been filed by Am- [F.R. Doc. 69-12218; Filed, Oct. 13, 1969; safe use of diethyl phthalate, di(2-ethyl- chem Products, Inc., Brookside Avenue, 8:46 a.m.] hexyl)phthalate, and hexylene glycol in Ambler, Pa. 19002, proposing the estab­ the manufacture of metallic food-con­ lishment of a tolerance (21 CFR Part tact articles under conditions such that 120) of 0.1 part per million for negligible E. I. DU PONT DE NEMOURS & CO. the total residual lubricant does not ex­ residues of the herbicide amiben in or on ceed 0.015 milligram per square inch of the raw agricultural commodity sun­ Notice of Filing of Petition Regarding food-contact surface. flower seeds. Pesticide Chemical Dated: October 6,1969. The analytical method proposed in the Pursuant to the provisions of the Fed­ R. E. D uggan, petition for determining residues of the eral Food, Drug, and Cosmetic Act (sec, herbicide is a gas chromatographic pro­ Acting Associate Commissioner cedure using a microcoulometric detector 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a for Compliance. with a halogen titration cell. After ex­ (d)(1)), notice is given that a petition [F.R. Doc. 69-12221; Filed, Oct. 13, 1969; traction of the residue, the herbicide is (PP OF0886) has been filed by E. I. du 8:46 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15818 NOTICES

and Urban Development, Region I (New the Paying Agent designated therein^ and the BUREAU OF THE BUDGET York, N.Y.), is hereby authorized to ad­ full faith and credit of the United States is minister oaths under section 811(a) of pledged to such payment. Under section 102 UTILIZATION OF ADVISORY CO M ­ (c) of the Act, this Agreement shall be con­ the Civil Rights Act of 1968, Public Law strued separate and apart from the loan MITTEES DURING FISCAL YEAR 1969 90-284, 42 U.S.C. 3611(a); contract referred to in the within Note and Notice of Availability of Report 1. James O. Wyatt. shall be incontestable in the hands of a 2. Marjorie M. Cohen. bearer. In compliance with the provisions of 3. Vivian M. Braxton. In witness whereof, this Agreement has Executive Order No. 11007, dated Feb­ 4. Eli M. S. Forman. been executed on behalf of the United States ruary 26, 1962, the Bureau of the Budget 5. Max Magner. by the duly authorized facsimile signature has prepared a report containing a list 6. Jose R. Bosch. of the Secretary of Housing and Urban De­ 7. Charles F. Booker. velopment, as of the Date of Issue of the of all advisory committees utilized by the 8. Lionel J. Jenkins. within Note. Bureau during fiscal year 1969, including U nited States of America the names and affiliations of their mem­ (Redelegation of authority by Regional Ad­ By ------bers, a description of the function of each ministrator effective 1969 (34 F.R. 15818, (Facsimile signature) committee, and a statement of the dates Oct. 14, 1969)) Secretary of Housing and of any meetings. Effective date. This redelegation of au­ Urban Development. This report is available at the Admin­ thority shall be effective upon publica­ (Redelegation of authority by Assistant Sec­ istrative Services Office, Bureau of the tion in the F ederal R egister. retary for Renewal and Housing Assistance Budget, Executive Office Building, Wash­ effective May 15, 1968, 33 F.R. 7175, May 15, ington, D.C. 20503. I ra Gissen, 1968) Assistant Regional Administrator Velma N. B aldwin, for Equal Opportunity, Region I. Effective date. This redelegation of au­ thority shall be effective as of Septem­ Director of Administration. [F.R. Doc. 69-12255; Filed, Oct. 13, 1969; IF.R. Doc. 69-12206; Filed, Oct. 13, 1969; 8:49 a.m.] ber 2, 19®9. 8:45 a.m.] F rancis D. F isher, Regional Administrator, Region IV. REGIONAL COUNSEL AND ASSOCIATE [F.R. Doc. 69-12256; Filed, Oct. 13, 1969; REGIONAL COUNSEL FOR GENERAL 8; 49 a.m.] DEPARTMENT OF HOUSING PROGRAM SERVICES, REGION IV AND URBAN DEVELOPMENT (CHICAGO) ACTING ASSISTANT REGIONAL AD­ Redelegation of Authority To Execute MINISTRATOR FOR MODEL CITIES, ASSISTANT REGIONAL ADMINISTRA­ Requisition Agreements Securing REGION VI (SAN FRANCISCO) TOR FOR EQUAL OPPORTUNITY, Preliminary Loan Notes Designation REGION I (NEW YORK, N.Y.) S ection A. Authority redelegated with The officers named herein and ap­ Redelegation of Authority With respect to Slum Clearance and Urban pointed to the following listed positions Respect to Fair Housing Renewal Program. The Regional Coun­ in Region VI (San Francisco) are hereby sel and Associate Regional Counsel for S ection A. Authority with respect to designated to serve as Acting Assistant General Program Services, Region IV Regional Administrator for Model Cities, fair housing. The Assistant Regional Ad­ (Chicago), each is hereby authorized to ministrator for Equal Opportunity is au­ Region VI (San Francisco) during the thorized to exercise the power and execute requisition agreements under absence of the Assistant Regional Ad­ section 102(c) Of the Housing Act of ministrator for Model Cities with all the authority of the Secretary of Housing 1949, as amended (42 U.S.C. 1452(c)), and Urban Development under title VIII powers, functions, and duties redelegated securing the payment of the principal of or assigned to the Assistant Regional Ad­ (Fair Housing) of the Civil Rights Act of and interest on preliminary loan notes 1968, Public Law 90-284, 42 U.S.C. 3601- ministrator for Model Cities: Provided, each of which provides that it shall not That no officer is authorized to serve as 3619, except the authority to: be valid until the paying agent has ex­ 1. Make studies and publish reports Acting Assistant Regional Administrator ecuted an agreement appearing on the for Model Cities, Region VI, unless all under section 808(e) of the Act. note to act as paying agent, and under 2. Issue rules and regulations. other officers whose title or name pre­ which requisition agreement the United cedes his in this designation are unable S ec. B. Authority to redelegate. The States, among other things: Assistant Regional Administrator for to serve by reason of absence: Equal Opportunity is further authorized 1. Pledges the full faith and credit of 1. Deputy Assistant Regional Admin­ to redelegate to subordinate employees the United States to the aforesaid pay­ istrator for Model Cities. the authority of the Secretary to admin­ ment and agrees under section 102(c) 2. Earl G. Singer, Urban Planner. of the Act that the payment agreement ister oaths under section 811(a) of the 3. Salvatore P. Tedesco, HUD Program Act, 42 U.S.C. 3611(a). set forth under paragraph 2 of this sec­ tion A shall be construed separate and Specialist. (Redelegation of authority by Assistant Sec­ retary for Equal Opportunity effective Janu­ apart from the pertinent loan contract This designation revokes the designa­ ary 15, 1969 (34 F.R. 946, Jan. 22, 1969)) and shall be incontestable in the hands tion effective January 5, 1969 (34 F.R. of a bearer; and 7044, Apr. 29, 1969), Effective date. This redelegation of au­ 2. Agrees to evidence its promise to pay (Delegation effective May 4, 1962, 27 F.R. thority shall be effective upon publication or cause to be paid each such note by a 4319; Department Interim Order II, 31 F.R. in the F ederal R egister.. payment agreement executed on behalf 815, Jan. 21, 1966) Anne M. R oberts, of the United States .by a facsimile sig­ Acting Regional Administrator, nature of the Secretary of Housing and Effective as of the 29th day of June Region I. Urban Development holding office on the 1969. R obert B. P itts, (F.R. Doc. 69-12254; Filed, Oct. 13, 1969; date of sale by the local public agency of Regional Administrator, Region VI. 8:48 a.m.] the particular notes, in substantially the following form: [F.R. Doc. 69-12257; Filed, Oct. 13, 1969; 8:49 a.m.] CERTAIN HUD EMPLOYEES IN REGION P ay m en t Agreement I (NEW YORK, N.Y.) Pursuant to section 102(c) of the Housing Act of 1949, as amended (42 U.S.C. 1452(c)), ACTING REGIONAL ADMINISTRATOR, Redelegation of Authority to Adminis­ the United States hereby unconditionally REGION VI (SAN FRANCISCO) ter Oaths Under Title VIII (Fair agrees that on the Maturity Date of the Housing) of Civil Rights Act of 1968 within Preliminary Loan Note it will pay or Designation cause to be paid to the bearer thereof the Each of the following named em­ principal of and interest thereon, upon the The officers appointed to the follow­ ployees in the Department of Housing presentation and surrender of such Note to ing listed positions in Region VI (San

FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 NOTICES 15819

Francisco) are hereby designated to into under section 274 of the Atomic Article I serve as Acting Regional Administra­ Energy Act, as amended, were published Subject to the exceptions provided in tor, Region VI (San Francisco), during as Part 150 of the Commission’s regula­ Articles II, III, and IV, the Commission shall the absence of the Regional Adminis­ tions in F ederal R egister issuances of discontinue, as of the effective date of this trator with all the powers, functions, February 14, 1962, 27 F.R. 1351; April 3, Agreement, the regulatory authority of the and duties redelegated or assigned to the 1965, 30 F.R. 4352; September 22, 1965, Commission in the State under chapters 6, Regional Administrator: Provided, That 30 F.R. 12069; March 19, 1966, 31 F.R. 7, and 8, and section 161 of the Act with respect to the following materials: no officer is authorized to serve as Acting 4668; March 30, 1966, 31 F.R. 5120; De­ A. Byproduct materials; Regional Administrator unless all other cember 2, 1966, 31 F.R. 15145; July 15, B. Source materials; and officers whose titles precede his in this 1967, 32 F.R. 10432; June 27,1968, 33 F.R. C. Special nuclear materials in quantities designation are unable to act by reason 9388; and April 16, 1969, 34 F.R. 6517. not sufficient to form a critical mass. of absence: In reviewing this proposed agreement, 1. Deputy Regional Administrator. interested persons should also consider Article II 2. Regional Counsel. the aforementioned exemptions. This Agreement does not provide for 3. Assistant Regional Administrator discontinuance of any authority and the for Renewal Assistance. Dated at Germantown, Md., this 19th Commission shall retain authority and re­ 4. Assistant Regional Administrator day of September 1969. sponsibility with respect to regulation of: for Administration. For the Atomic Energy Commission. A. The construction and operation of any This designation supersedes the desig­ production or utilization facility; nation effective May 5, 1969 (34 F.R. W. B. McCool, B. The export from or import into the 8211, May 27,1969). Secretary. United States of byproduct, source, or spe­ P roposed Agreem ent B etw een t h e U.S. cial nuclear material, or of any production (Delegation effective May 4, 1962, 27 F.R. Atom ic Energy Co m m is sio n and t h e State or utilization facility; 4319; Interim Order n, 31 F.R. 815, Jan. 21, C. The disposal into the ocean or sea of 1966) of G eorgia for D iscontinuance of Certain Co m m is sio n R egulatory Au th o r ity and byproduct, source, or special nuclear waste Effective as of the 17th day of Sep­ R esponsibility W it h in t h e State P ursu ­ materials as defined in regulations or orders tember 1969. ant to Section 274 of t h e Atom ic E nergy of the Commission; Act o f 1954, as Amended D. The disposal of such other byproduct, W ard Elliott, source, or special nuclear material as the Acting Regional Administrator, Whereas, the U.S. Atomic Energy Commis­ Commission from time to time determines Region VI. sion (hereinafter referred to as the Commis­ by regulation or order should, because of sion) is authorized under section 274 of the the hazards or potential hazards thereof, not [F.R. Doc. 69-12258; Filed, Oct. 13, 1969; Atomic Energy Act of 1954, as amended (here­ 8:49 a.m.] be so disposed of without a license from inafter referred to as the Act), to enter into the Commission. agreements with the Governor of any State providing for discontinuance of the regula­ Article III tory authority of the Commission within the Notwithstanding this Agreement, the ATOMIC ENERGY COMMISSION State under chapters 6, 7, and 8, and section Commission may from time to time by rule, 161 of the Act with respect to byproduct regulation, or order, require that the manu­ STATE OF GEORGIA materials, source materials, and special nu­ facturer, processor, or producer of any clear materials in quantities not sufficiènt to Proposed Agreement for Assumption equipment, device, commodity, or other form a critical mass; and product containing source, byproduct, or spe­ of Certain AEC Regulatory Author­ Whereas, the Governor of the State of cial nuclear material shall not transfer ity Georgia is authorized under section 88-1307 possession or control of such product except of the Georgia Health Code (Georgia Laws pursuant to a license or an exemption from Notice is hereby given that the U.S. 1964, pp. 499, 571) to enter into this Agree­ licensing issued by the Commission. Atomic Energy Commission is publishing ment with the Commission; and • for public comment, prior to action Whereas, the Governor of the State of Article IV thereon, a proposed agreement received Georgia Certified on August 29, 1969, that the This Agreement shall not affect the au­ from the Governor of the State of Geor­ State of Georgia (hereinafter referred to as thority of the Commission under subsection the State) has a program for the control of 161 b. or i. of the Act to issue rules, regula­ gia for the assumption of certain of the radiation hazards adequate to protect the tions, or orders to protect the common de­ Commission’s regulatory authority pur­ public health and safety, with-respect to the fense and security, to protect restricted data suant to section 274 of the Atomic En­ materials within the State covered by this or to guard against the loss or diversion of ergy Act of 1954, as amended. Agreement, and that the State desires to as­ special nuclear material. sume regulatory responsibility for such mate­ A résumé, prepared by the State of Article V Georgia and summarizing the State’s rials; and proposed program for control over Whereas, the Commission found o n _____ The Commission will use its best efforts _____ that the program of the State for the to cooperate with the State and other agree­ sources of radiation,'is set forth below as regulation of the materials covered by this ment States in the formulation of standards an appendix to this notice. A copy of the Agreement is compatible with the Commis­ and regulatory programs of the State and program, including proposed Georgia sion’s program for the regulation of such the Commission for protection against haz­ regulations, is available for public in­ materials and is adequate to protect the pub­ ards of radiation and to assure that State spection in the Commission’s Public Doc­ lic health and safety; and and Commission programs for protection ument Room, 1717 H Street NW., Wash­ Whereas, the State and the Commission against hazards of radiation will be coordi­ ington, D.C., or may be obtained by writ­ recognize the desirability and importance of nated and compatible. The State will use its ing to the Director, Division of State and cooperation between the Commission and best efforts to cooperate with the Commission the State in the formulation of standards for and other agreement States in the formula­ Licensee Relations, U.S. Atomic Energy tion of standards and regulatory programs Commission, Washington, D.C. 20545. All protection against hazards of radiation and in assuring that State and Commission pro­ of the State and the Commission for pro­ interested persons desiring to submit grams for protection against hazards of radi­ tection against hazards of radiation and to comments and suggestions for the con­ ation will be coordinated and compatible; assure that the State’s program will continue sideration of the Commission in connec­ to be compatible with the program of the and Commission for the regulation of like ma­ tion with the proposed agreement should Whereas, the Commission and the State terials. The State and the Commission will send them, in triplicate, to the Secretary, recognize the desirability of reciprocal recog­ use their best efforts to keep each other U.S. Atomic Energy Commission, Wash­ nition of licenses and exemptions from informed of proposed changes in their re­ ington, D.C. 20545. Attention: Chief, licensing of those materials subject to this spective rules and regulations and licensing, Public Proceedings Branch, within 30 Agreement; and inspection and enforcement policies and cri­ days after initial publication of this no­ Whereas, this Agreement is entered into teria, and to obtain the comments and as­ tice in the F ederal R egister. pursuant to the provisions of the Atomic sistance of the other party thereon. Energy Act of 1954, as amended; Exemptions from the Commission’s Now, therefore, it is hereby agreed be­ Article VI regulatory authority which would imple­ tween the Commission and the Governor The Commission and the State agree that ment this proposed agreement, as well as of the State, acting in behalf of the State, it is desirable to provide for reciprocal recog­ other agreements which may be entered as follows: nition of licenses for the materials listed in

fEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 No. 197----- 6 ' 15820 NOTICES

Article I licensed by the other party or by Proposed programs, staffing, equipment, and 1962—Dental radiological health “Sur-Pak any agreement State. Accordingly, the Com­ facilities are presented for the assumption Survey” conducted in each dental office mission and the State agree to use their of additional responsibilities with respect to in State equipped with an X-ray best efforts to develop appropriate rules, sources of ionizing radiation, as well as sup­ machine. regulations, and procedures by which such porting information on authority, regula­ 1964— Radiation Control Act passed by the reciprocity will be accorded. tion, and organization. General Assembly of Georgia. The Governor, on behalf of the State of —Radiation Control Council appointed Article VII Georgia, is authorized to enter into an agree­ by Governor; meets for the first time The Commission, upon its own initiative ment with the Federal Government provid­ in August. after reasonable notice and opportunity for ing for discontinuance of certain of the —Proposed radiation control regulations hearing to the State, or upon request of the Federal Government’s responsibilities with dealing with X-ray and radioactive Governor of the State, may terminate or respect to sources of ionizing radiation. This materials presented to Council for suspend this Agreement and reassert the authority is granted in paragraph (a) sec­ study. licensing and regulatory authority vested tion 86-1307 of the Georgia Radiation Con­ 1965— Radiological Health activities given in it under the Act if the Commission finds trol Act as amended by Act 297 (1965) and “Service” status and separated from that such termination or suspension is re­ Act 971 (1968) of the Georgia General Industrial Hygiene program. quired to protect the public health and Assembly. —Preregistration inventory performed safety. The Atomic Energy Commission (AEC) is to determine location of all users of Article VIII authorized to enter into an agreement with radium and X-ray generating devices. This Agreement shall become effective on the governor of a State whereby the —Radium management studies begun in December 15, 1969, and shall remain in effect Commission may transfer to the State cer­ all hospitals and clinics throughout unless and until such time as it is ter­ tain licensing and regulatory control over the State. minated pursuant to Article VU. byproduct material, source material, and 1966— Radium management studies begun In Done at ______in special nuclear material in quantities not offices of all private practitioners in triplicate, this ______day o f ______sufficient to form a critical mass. This au­ State. thority is found in section 274b of the 1967— Radioactive materials control and F or t h e United States Atom ic Atomic Energy Act of 1954, as amended. X-ray control activities given Section E nergy Co m m issio n , % status in Radiological Health Service. H ig h lig h ts in t h e H istory o f R adiation 1969—Regulations pertaining to “X-ray’’ and F or t h e S tate o p G eorgia, P rotection Activities Conducted by t h e "Radioactive Materials” adopted by the Georgia Departm ent o f P ublic H ealth State Board of Health. Organization and Staff R esponsibilities 1943—Radium contamination surveys con­ R egulatory P rocedures and P olicy ducted by U.S. Public Health Service The Georgia Radiation Control Council, and Georgia Department of Public LICENSING AND REGISTRATION which consists of five members, is appointed Health Industrial Hygiene personnel The Georgia radiation control program by the Governor. This Council is respon­ in a very large military dial refinish­ sible to and reports to the Georgia State encompasses all sources of radiation. The ing facility at Warner Robins, Ga. regulations require licensing of all radioactive Board of Health and has the duty of advis­ 1949—First formal training of staff person­ ing the Georgia Department of Public Health materials and registration of all radiation- nel in radiation safety and protection producing machines except such sources or on matters pertaining to ionizing radiation at National Institutes of Health and standards, rules, and regulations to be machines as may be specifically exempted courses. from those requirements in accordance with adopted, modified, promulgated, or repealed 1951— Additional staff training in X-ray con­ by the Department. The five (5) appointed the regulations. trol at Taft Sanitary Engineering Cen­ The licensing procedures and criteria set Council members are selected from nominees ter in Cincinnati, Ohio. of the Medical Association of Georgia, the forth in chapter 270-5-20 of the Georgia De­ —Surveyed all shoe fitting fiuoroscopes partment of Public Health Rules and Regu­ Georgia Dental Society, the Georgia Radio­ in State to determine compliance with logical Society, the Associated Industries of lations will be consistent with those of the American Industrial Hygiene Associa­ Atomic Energy Commission. Georgia, and the Georgia Veterinary Associ­ tion existing standards. ation. All members have recognized knowl­ —Began systematic evaluation of X-ray General licenses are issued for specified edge in the field of ionizing radiation and equipment in offices of physicians and materials under specified conditions when it its biological effects. dentists. is determined that the issuance of a specific The Radiological Health Service is located —Radium Surveys made in all commer­ license is not necessary to protect the public in the Branch of Environmental Health of cial airline dial painting facilities in and occupational health and safety. A general the Georgia Department of Public Health. the State. license is effective by regulation without the Personnel of the Service will be responsible filing of applications with the Department 1952— Radium surveys made in all military or the issuance of a licensing document. A for the technical evaluation of applications dial painting shops in the State. for radioactive material licenses, preparation specific license or amendments thereto will 1953— Began Joint surveys of isotope users be issued to named persons and will incor­ of licenses, and for conducting inspections of in company with Atomic Energy Com­ licensees. This work will be under the im­ porate appropriate conditions and expiration mission personnel from Oak Ridge. date upon review and approval of an applica­ mediate direction of the Chief of the Radio­ —Personnel participated in weapons active Materials Control Section, with the tion. Prelicensing inspections will be con­ testing program in Nevada. ducted when deemed necessary by the assistance of two Radiation Safety Officers —Began air surveillance program to I and one-time secretary. Department. determine amount of fallout from When the Department determines such to Personnel of the X-Ray Control Section weapons testing program in Pacific be appropriate, it will request the advice of will be responsible for the registration and and Nevada. the Radiological Medical Advisory Commit­ inspection of all radiation machines. Assist­ 1955— Personnel again participated in weap­ tee, or appropriate members thereof, with ing the Chief of this Section will be one ons -testing program in Nevada. respect to any matter pertaining to medical Radiation Safety Officer II, two Radiation 1956— Began environmental surveillance pro­ license application, or to criteria for review­ Safety Officers I and one full-time secretary. gram (water, air and vegetation sam­ ing such applications. The Environmental Surveillance Section pling) to support Lockheed Aircraft Members of the Radiological Medical Ad­ consists of a Chief and two technicians Corp. reactor development center at visory Committee who have appropriate ex­ whose duties are to periodically monitor Dawsonville. perience and training in nonroutine human specified areas near nuclear reactors and to —Radiation protection activities given uses of radioactive materials will be con­ collect soil, water, and air samples in the “Section” status in Industrial Hygiene sulted. The Atomic Energy Commission’s Ad­ environment. Division. visory Committee on the medical use of All personnel of the Service will be in­ 1957— Personnel again participated in weap­ isotopes will also be consulted when neces­ volved on a part-time basis, with adminis­ ons testing program in Nevada. sary. Appropriate research protocols will be trative duties and assignment to the Radio­ 1960— U.S. Public Health Service began state required as part of an application. The De­ logical Emergency Team. assignee program with Georgia De­ partment will maintain knowledge of current partment of Public Health. F oreword developments, techniques and procedures for 1961— Radiation stream monitoring program medical uses applicable to the licensing pro­ This document briefly describes some of begun in Savannah, Chattahoochee gram through continuing contact and infor­ the past activities and accomplishments of and Etowah River systems. mation exchange with the U.S. Atomic the Radiological Health Program within the —Laboratory capability for environmen­ Energy Commission and other agreement Georgia Department of Public Health in the tal surveillance greatly expanded. States. control and regulation of ionizing radiation —Milk surveillance begun in 10 major The registration program will be a con­ for the protection of the State’s citizens. milk sheds in the State. tinuation of the current activity except that

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 NOTICES 15821

(a) ali radiation, machines will be subject review of other corrective action will be after the receipt from the Department of a to the applicable provisions of the regula­ made at the next inspection. notice of expiration of such license, or on the tions, and (b) radium and accelerator pro­ Where items of nonoompllance of a more date of expiration specified in the Federal duced radionuclides which were formerly serious nature occur, the licensee will be in­ license, whichever is earlier. registered, must now be licensed. formed by letter of the items of noncompli­ R ules of Administration , P ractice, and In spe c tio n s ance and required to reply within a stated P rocedure time as to the corrective action taken and the Inspections for the purpose of evaluating date such action was completed or will be The Georgia State Board of Health, pur­ radiation safety and determining compli­ complete. Assurance of corrective action will suant to the authority granted In 88-110 of ance with appropriate regulations and pro­ be determined by a followup inspection or at the Code of Georgia (Georgia Laws 1964, visions of licenses will be conducted as the time of the next regular inspection. pages 499, 507), chapter 88-3 of the Code of needed. Upon request by the licensee, the terms and Georgia (Georgia Laws 1964, pages 499, 518), Inspection frequency will be based upon conditions of a license may be amended, and the Georgia Administrative Procedure the extent of the hazard-potential and ex­ consistent with the Act or regulations, to Act, has established rules of practice and perience with the particular facility. It is meet changing conditions in operations or procedure governing administrative proce­ expected that all specific licensees will be in­ dures with reference to promulgation of to remedy technicalities of noncompliance rules and regulations, conducting hearings, spected at least once every 2 years. The fol­ of a minor nature. The Department may lowing frequency is anticipated : appeals, proceedings, decisions, and orders amend, suspend, or revoke a license in the these rules provide for: Specific Licenses: event of continuing refusal of the licensee 1. Due notice to interested persons and Waste Disposal Once each 6 months. to comply with terms and conditions of the opportunity to present data or views either Services. license, the Act or regulations, or failure to orally or in writing prior to the adoption, Industrial Once each 12 months. take adequate action concerning items of amendment, or repeal of any rule. Radiography. noncompllance. Prior to such action, the De­ 2. Whenever the Department in its opinion Other Industrial_ Once each 24 months. partment shall notify the licensee of its finds that an emergency exists requiring Medical ______Once each 24 months. intent to amend, suspend or revoke the immediate action to protect the public health Academic ______Once each 24 months. license and provide the opportunity for a and safety, the Department may, without O th er______Based on hazards as­ hearing. notice or hearing, issue an order reciting sociated with li­ The Department will use its best efforts to the existence of such emergency and re­ censee’s program. attain compliance through cooperation and quiring that such action be taken as is neces­ Broad Licenses. Once each 12 months. education. Only in Instances where real or sary to meet the emergency. Registered Based on hazards as­ potential hazards exist, or oases of repeated 3. An Interested person may petition the Facilities. sociated with regis­ nonoompllance or willful violation will the Department requesting the promulgation, trant’s program. full legal procedures normally be employed. amendment, or repeal of a rule. Inspections will be made by prearrange­ Where the Department finds that the pub­ 4. Declaratory judgment procedure avail­ ment with the licensee or may be unan­ lic health, safety, or welfare imperatively able on petition by proper party to determine nounced at reasonable times, as the Depart­ requires emergency action, and incorporates validity of statute, rule, or final decision of ment, in its Judgment, determines to be most such findings in its order, it may summarily the Department. suspend the license pending proceedings for constructive. Consultation visits will be made 5. Right to hearing after reasonable notice frequently in the early years of the licensing revocation which shall be promptly instituted upon request of any interested person. in a case in which legal rights, duties, or and compliance program in order to estab­ privileges of specific parties are required by lish understanding and cooperation. In the event of an emergency relating to law or constitutional right to be determined. Inspections will include the observation of any source of ionizing radiation which en­ 6. Any person who has exhausted all ad­ pertinent facilities, operators, and equip­ dangers the public peace, health, or safety, ministrative remedies available within the ment; a review of use procedures, radiation the Department shall have the authority to Department and who is aggrieved by a final safety practices, and user qualifications; a issue such orders for the protection of the decision in a contested case is entitled to review of records of radiation surveys, per­ public health and safety as may be appro­ judicial review. sonnel exposure, and receipt and disposition priate, including orders to lay an embargo of licensed materials—all as appropriate to upon or impound radioactive materials and ; COMPATIBILITY AND RECIPROCITY the scope and conditions of the license and other source of ionizing radiation in the The Georgia State Board of Health has applicable regulations. In addition, inde­ possession of any person who is not equipped adopted rules and regulations for the con­ pendent measurements will be made as to observe or fails to observe the provisions trol of radiation which are consistent with appropriate. of the Act or any rules or regulations pro­ those of the U.S. Atomic Energy Commission At the start and conclusion of an inspec­ mulgated thereunder. and those of the other agreement States. In tion, personal contact will be made at man­ RADIATION EMERGENCIES promulgating rules and regulations, the agement-level whenever possible. Following Board has, insofar as practicable, avoided re­ inspections, results will be discussed with A Department of Health radiological quiring dual licensing and has provided for the licensee management. emergency team was formed in 1964. The reciprocal recognition of other State and Investigations will be made of all reported function of this team is to respond to all Federal licenses. or alleged incidents to determine the condi­ radiological emergencies that might involve Routine staff meetings will be conducted tions and exposure incident thereto and to the public health and safety. Emergency involving all members of the division who determine the steps taken for correction, kits have been prepared with all the neces­ are involved with the radiological health cleanup, and the prevention of similar inci­ sary apparatus and radiation surveying program to determine and maintain com­ dents in the future. equipment. Members of this team have been patible programs with the U.S. Atomic Energy Radiological assistance in the form of called on to decontaminate one major facil­ Commission and other agreement States. monitoring, liaison with appropriate au­ ity, In addition, the team has responded Periodic internal evaluation exercises will be thorities and recommendations for area se­ to many calls to investigate and handle conducted concerning all phases of the pro­ curity and cleanup will be available from the lost or ruptured radioactive shipments, gram. Written reports, inspection reports, Department in the event of an emergency. minor contamination in hospitals and of­ records, and statistics will be compatible Reports will be prepared covering each in­ fices, and suspected overexposure from X-ray with the current Atomic Energy Commission spection or investigation. The reports will be generators. program. reviewed by the Chief of the Radioactive Ma­ Plans are currently being made to involve [F.R. Doc. 69-11375; Filed, Sept. 22, 1969; terials Control Section and the Director of Law Enforcement personnel in a Statewide 8:48 a.m.] the Radiological Health Service. Emergency Network so that the Department will be promptly notified should radiological COMPLIANCE AND ENFORCEMENT accidents occur. The status of compliance with regulations, registration, or license conditions will be de­ Effective D ate of Lic en se T ransfer CIVIL AERONAUTICS BOARD termined through inspections and evalua­ Any person who, on the effective date of [Docket 20291; Order 69-10-37] tions of inspection reports. the agreement with the Atomic Energy Com­ When there are items of noncompliance, mission, possesses a license issued by the INTERNATIONAL AIR TRANSPORT the licensee will be so informed at the time Federal Government shall be deemed to pos­ ASSOCIATION of inspection. When the items are minor and sess a like license issued under chapter 88- the licensee agrees at the time of inspection 1301 through 88-1313, Georgia Health Code Order Regarding Passenger Traffic to correct them, written notice at the com­ (as passed by the Legislature in 1964 and Procedures pletion of the inspection will list the items amended by Act 297 of the General Assembly of nonoompllance, confirm corrections made in 1965 and Act 971 of the General Assembly Issued under delegated authority at the time, and Inform the person that a in 1968) which shall expire either 90 days October 8, 1969.

FEDERAL REGISTER, VOL 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15822 NOTICES By Order 69-9-123, dated Septem­ tentative approval thereof is condi­ port of or in opposition to our proposed ber 22, 1969, action was deferred, with tioned as hereinafter ordered. acton herein. a view toward eventual approval, on cer­ Accordingly, it is ordered, That: This order will be published in the tain resolutions adopted by the Traffic Action on Agreement CAB 20745, F ederal R egister. Conferences of the International Air R -l 15 through R^117, be and hereby is Transport Association (IATA). The deferred with a view toward eventual [seal] H arold R. S anderson, agreement encompasses a new resolution approval, provided that approval shall Secretary. which would liberalize the procedures to not constitute approval of the spe­ [F.R. Doc. 69-12253; Filed, Oct. 13, 1969; apply in cases where group-fare passen­ cific commodity descriptions contained 8:48 a.m.] gers are prevented from traveling with therein for purposes of tariff publication. the group because of a death in the im­ Persons entitled to petition the Board mediate family after travel has com­ for review of this order, pursuant to the menced, and amends an existing resolu­ Board’s regulations, 14 CFR 385.50, may, SECURITIES AND EXCHANGE tion so as to permit extension of the within 10 days after the date of service validity of tickets held by immediate of this order, file such petitions in sup­ COMMISSION family members accompanying a pas­ port of or in opposition to our proposed senger incapacitated by illness. action herein. COMMERCIAL FINANCE CORPORA­ TION OF NEW JERSEY In deferring action on the agreement This order will be published in the 10 days were granted in which interested F ederal R egister. Order Suspending Trading persons might file petitions in support of or in opposition to the proposed action. [seal] Harold R. Sanderson, October 7| 1969. No petitions have been received within Secretary. It appearing to the Securities and Ex­ the filing period, and the tentative con­ [F.R. Doc. 69-12252; Filed, Oct. 13, 1969; change Commission that the summary clusions in Order 69-9-123 will herein 8:48 a.m.] - suspension of trading in the common be made final. stock and all other securities of Commer­ Accordingly, it is ordered, That: [Docket 18650; Order 69-10-35] cial Finance Corporation of New Jersey Agreement CAB 21290, R -l, R^2, R-15, being traded otherwise than on a na­ and R-16, be, and it hereby is, approved. INTERNATIONAL AIR TRANSPORT tional securities exchange is required in ASSOCIATION the public interest and for the protection This order will be published in the of investors: F ederal R egister. Order Regarding Specific Commodity It is ordered, Pursuant to section 15(c) [seal] H arold R. S anderson, Rates (5) of the Securities Exchange Act of Secretary. Issued under delegated authority Oc­ 1934, that trading in such securities [F.R. Doc. 69-12251; Filed, Oct. 13, 1969; tober 8,1969. otherwise than on a national securities 8:48 a.m.] An agreement has been filed with the exchange be summarily suspended, this Board pursuant to section 412(a) of the order to be effective for the period Oc­ tober 8, 1969, through October 17, 1969, [Docket 18650; Order 69-10-36] Federal Aviation Act of 1958 (the Act) and Part 261 of the Board’s economic both dates inclusive. INTERNATIONAL AIR TRANSPORT regulations, between various air carriers, By the Commission. ASSOCIATION foreign air carriers, and other carriers, embodied in the resolutions of Traffic [SEAL] ORVAL L. DUBOIS, Order Regarding Specific Commodity Conference 1 of the International Air Secretary. Rates Transport Association (IATA), and [F.R. Doc. 69-12239; Filed, Oct. 13, 1969; 8:47 a.m.] Issued under delegated authority adopted pursuant to the provisions of October 8, 1969. Resolution 590 dealing with specific com­ An agreement has been filed with the modity rates. [File No. 1-3421] The agreement, adopted pursuant to Board pursuant to section 412(a) of the CONTINENTAL VENDING MACHINE Federal Aviation Act of 1958 (the Act) unprotested notices to the carriers and and Part 261 of the Board’s economic promulgated in an IATA letter dated CORP. September 19, 1969, names additional regulations, between various air carriers, Order Suspending Trading foreign air carriers, and other carriers, specific commodity rates, as set forth in embodied in the resolutions of the Joint the attachment hereto,1 which reflect October 8,1969. Conferences of the International Air significant reductions from the general It appearing to the Securities and Ex­ Transport Association (IATA), and cargo rates. change Commission that the summary adopted pursuant to the provisions of Pursuant to authority duly delegated suspension of trading in the common Resolution 590 dealing with specific by the Board in the Board’s regulations, stock, 10 cents par value of Continental commodity rates. 14 CFR 385.14, it is not found, on a Vending Machine Corp., and the 6 per­ tentative basis, that the subject agree­ The agreement, adopted pursuant to cent convertible subordinated debentures ment is adverse to the public interest or due September 1, 1976, being traded unprotested notices to the carriers and in violation of the Act, provided that promulgated in IATA letters dated otherwise than on a national securities September 19 and September 24, 1969, tentative approval thereof is conditioned exchange is required in the public inter­ as hereinafter ordered. est and for the protection of investors: names additional specific commodity Accordingly, it is ordered, That: rates, as set forth in the attachment Action on Agreement CAB 20806, R-54 It is ordered, Pursuant to section 15(c) hereto,1 which reflect significant reduc­ through R-56, be and hereby is deferred (5) of the Securities Exchange Act of tions from the general cargo rates, and with a view toward eventual approval, 1934, that trading in such securities oth­ cancels a rate from the west coast provided that approval thereof shall not erwise than on a national securities ex­ to Auckland, also indicated in the constitute approval of the specific com­ change be summarily suspended, this or­ attachment.1 modity descriptions contained therein der to be effective for the period Octo­ Pursuant to authority duly delegated for purposes of tariff publication. ber 9, 1969, through October 18, 1969, by the Board in the Board’s regulations, both dates inclusive. 14 CFR 385.14, it is not found, on a ten­ Persons entitled to petition the Board for review of this order, pursuant to the By the Commission. tative basis, that the subject agreement Board’s regulations, 14 CFR 385.50, may, is adverse to the public interest or in within 10 days after the date of service [seal] Orval L. D uBois, violation of the Act, provided that of this order, file such petitions in sup- Secretary. [F.R. Doc. 69-12240; Filed, Oct. 13, 1969; 1 Filed as part of original document. 1 Filed as part of the original document. 8:47 a.m.]

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 NOTICES 15823

FEDERAL OIL CO. B. The issuer has violated the terms LIQUID OPTICS CORP. and conditions of the Regulation A ex­ Order Suspending Trading emption in the following respects: Order Suspending Trading October 6, 1969. 1. No financial information is included October 7, 1969. whereby a determination can be made as It appearing to the Securities and Ex­ to the applicability of Rule 253(a)(1) It appearing to the Securities and Ex­ change Commission that the summary and the concomitant availability of change Commission that the summary suspension of trading in the common Rule 257. suspension of trading in the common stock and all other securities of Federal 2. Item 2(c) of the notification fails to stock of Liquid Optics Corp. and all other Oil Co. (a Nevada corporation) being indicate each person who owns of record securities of Liquid Optics Corp. (a New traded otherwise than on a national se­ or beneficially 10 percent or more of the York corporation) being traded other­ curities exchange is required in the pub­ outstanding stock of issuer. wise than on a national securities ex­ lic interest and for the protection of in­ 3. Item 9 of the notification indicates change is required in the public interest vestors: 25,000 shares of stock have been sold and for the protection of investors: It is ordered, Pursuant to section 15(c) while in fact only some 3,030 shares have It is ordered, Pursuant to section 15 (c) (5) of the Securities Exchange Act of been sold. Further, the number of indi­ (5) of the Securities Exchange Act of 1934, that trading in such securities oth­ viduals to whom shares have been sold 1934, that trading in such securities erwise than on a national securities ex­ together with their names was not fur­ otherwise than on a national securities change be summarily suspended, this or­ nished or was the exemption upon which exchange be summarily suspended, this der to be effective for the period October such sales were based indicated. order to be effective for the period Octo­ 7, 1969, through October 16, 1969, both 4. The issuer failed to indicate in ber 8, 1969, through October 17, 1969, dates inclusive. Schedule I the cost attached to the public both dates inclusive. By the Commission. offering. By the Commission. 5. Copies of the provisions of the gov­ [seal] Orval L. D uB ois, erning instruments defining the rights of [seal] Orval L. DuBois, Secretary. holders of equity securities were not filed Secretary. [F.R. Doc. 69-12241; Filed, Oct. 13, 1969; as required by Item 11 of the notification. [F.R. Doc. 69-12242; Filed, Oct. 13, 1969; 8:47 aon.] C. The use of the offering circular 8:48 a.m.] would operate as a fraud and deceit upon (File No. 24B-1625] prospective purchasers of the securities PACIFIC FIDELITY CORP. offered by I.A.A. pursuant to Regulation INTERNATIONAL AEROSPACE A in violation of section 17(a) of the Order Suspending Trading ASSOCIATES, INC. Securities Act of 1933. October 6,1969. HI. It appearing to the Commission Order Temporarily Suspending Exem- that it is in the public interest and for It appearing to the Securities and Ex­ tion, Statement of Reasons Therefor, the protection of investors that the ex­ change Commission that the summary emption of the issuer under Regulation suspension of trading in the common and Notice of Opportunity for Hear­ stock of Pacific Fidelity Corp. and all ing A be temporarily suspended : It is ordered, Pursuant to Rule 261(a) other securities of Pacific Fidelity Corp. October 6, 1969. of the general rules and regulations (a Nevada corporation) being traded I. International Aerospace Associates, under the Securities Act of 1933, as otherwise than on a national securities Inc. (“IA.A.”), Post Office Box 172, Lex­ amended, that the exemption of the exchange is required in the public in­ ington, Mass., a Massachusetts corpora­ issuer under Regulation A be, and it terest and for the protection of investors: tion located in Lexington, Mass. (Post hereby is, temporarily suspended. It is ordered, Pursuant to section 15(c) Office Box 172), filed with the Commis­ It is further ordered, Pursuant to Rule (5) of the Securities Exchange Act of sion on July 24, 1969, a notification on 7 of the Commission’s rules of practice, 1934, that trading in such securities Form 1-A and an offering circular relat­ that the issuer file an answer to the otherwise than on a national securities ing to a proposed offering of 50,000 shares allegations contained in this order within exchange be summarily suspended, this of its $1 par value common stock at $1 30 days of the entry thereof. order to be effective for the period Octo­ per share, for the purposes of obtaining ber 7, 1969, through October 16, 1969, Notice is hereby given that any person both dates inclusive. an exemption from the registration re­ having any interest in the matter may quirements of the Securities Act of 1933, file with the Secretary of the Commission By the Commission. as amended, pursuant to the provisions of a written request for a hearing within section 3(b) thereof and Regulation A [seal] Orval L. D uB ois, 30 days after the entry of this order; Secretary. promulgated thereunder. The proposed that within 20 days after receipt of such offering is to be made by the issuer. request the Commission will, or at any [F.R. Doc. 69-12243; Filed, Oct. 13, 1969; II. The Commission has reasonable time upon its own motion may, set the 8:48 a.m.] cause to believe from information re­ matter down for hearing at a place to be ported to it by the staff that: designated by the Commission for the A. The offering circular omits to state purpose of determining whether this material facts necessary in order to make order of suspension should be vacated or INTERSTATE COMMERCE the statements made in the light of the made permanent, without prejudice, COMMISSION circumstances under which they were however, to the consideration and presentation of additional matters at the FOURTH SECTION APPLICATION FOR made not misleading, particularly with hearing; and that notice of the time and respect to the following: place for said hearing will be promptly RELIEF 1. The assets of I.A.A.,* given by the Commission. If no hearing October 9,1969. 2. The operating and earnings history is requested and none is ordered by the Protests to the granting of an appli­ of I.A.A.; Commission, the order shall become per­ cation must be prepared in accordance 3. The nature of certain facilities pur­ manent on the 30th day after its entry with Rule 1100.40 of the general rules portedly operated by I.A.A.; and shall remain in effect unless it is of practice (49 CFR 1100.40) and filed 4. The impairment of a certain option modified or vacated by the Commission. within 15 days from the date of publica­ held by I.A.A. and pendancy of bank­ By the Commission. tion of this notice in the F ederal R egister. ruptcy proceedings against an affiliate of [seal] Orval L. DuBois, I.A.A.; and Secretary. Long-and-S hort H aul 5. The reservation of certain options [FJt. Doc. 69-12244; Filed, Oct. 13, 1969; FSA No. 41782—Alloys or metals to by the president of I.A.A. 8:48 ^am.] Cypress, Tex. Filed by Southwestern

FEDERAL REGISTER, VOL 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15824 NOTICES

Freight Bureau, agent (No. B-91), for in­ to allow the petitioners to increase intra­ eral R egister. One copy of such protests terested rail carriers. Rates on alloys or state passenger fares within the State of must be served on the applicant, or its metals, in carloads, as described in the Iowa. authorized representative, if any, and application, from Alloy and Graham, The petitioners point out that they the protests must certify that such serv­ W. Va., to Cypress, Tex. have filed tariffs with the Interstate ice has been made. The protests must Grounds for relief—Market competi­ Commerce Commission to increase by 10 be specific as to the service which such tion. percent their basic interstate one-way Protestant can and will offer, and must Tariff—Supplement 217 to South­ and round-trip coach and first-class consist of a signed original and six (6) western Freight Bureau, agent, tariff fares; that interstate and intrastate pas­ copies. ICC 4645. sengers are transported on the same A copy of the application is on file, and trains under the same conditions; that, can be examined at the Office of the Sec­ By the Commission. therefore, intrastate passenger fares retary, Interstate Commerce Commis­ [seal] Andrew Anthony, Jr., maintained at a lower level than the sion, Washington, D.C., and also in field Acting Secretary. prevailing level of interstate passenger office to which protests are to be fares would assertedly present difficul­ transmitted. [F.R. Doc. 69-12260; Filed, Oct. 13, 1969; ties; and that since maximum intrastate M otor Carriers of P roperty 8:49 a.m.] passenger fares are fixed by State stat­ ute, modifications producing fares in No. MC 3018 (Sub-No. 22 TA), filed [Ex Parte No. 72 (Sub-No. 1)] excess of the State statutory limits, such October 3, 1969. Applicant: McKEOWN as here sought, are not subject to the TRANSPORTATION COMPANY, 10448 FRUIT GROWERS EXPRESS CO. Iowa State Commerce Commission’s South Western Avenue, Chicago, 111. regulatory authority but are solely 60643. Applicant’s representative: Greg­ Class of Employees and Subordinate within the jurisdiction of the Interstate ory J. Scheurich, 111 West Washington Officials To Be Included Within Commerce Commission, if warranted on Street, Chicago, 111. 60602. Authority Term “Employee” account of the burdensome effect of the sought to operate as a contract carrier, intrastate fares and practices on inter­ by motor vehicle, over irregular routes, At a session of the Interstate Com­ state commerce, pursuant to section 13 transporting: Helium, in tube trailers, merce Commission, Division 3, held at of the Interstate Commerce Act. from East Chicago, Ind., to La Crosse, its office in Washington, D.C., on the 30th The petitioners further seek in connec­ Wis., Carter Lake, Iowa, and Youngs­ day of September 1969. tion with the above-described increase, town and Marietta, Ohio, for 150 days. Upon consideration of the record in establishment of a specific minimum Supporting shipper: Union Carbide the above-entitled proceeding, and of a one-way intrastate fare on the Chicago, Corp., Linde Division, 120 South River­ petition, filed August 13, 1969, by Fruit Milwaukee, St. Paul and Pacific Railroad side Plaza, Chicago, 111. 60606. Send pro­ Growers Express Co. for the issuance of Co. of 75 cents for all passengers over tests to: District Supervisor Roger L. an order determining that agents em­ 5 years old, corresponding to a minimum Buchanan, Interstate Commerce Com­ ployed by said petitioner do not perform fare already established on interstate mission, Bureau of Operations, U.S. work defined as that of an employee un­ trips, effective January 1, 1969. Courthouse, Federal Office Building, der the Railway Labor Act, section 1, Any persons interested in any of the Room 1086, 219 South Dearborn Street, Fifth: matters in the petition may, on or before Chicago, HI. 60604. It is ordered, That the aforesaid peti­ 30 days from the publication of this No. MC 35072 (Sub-No. 4 TA), filed tion be, and it is hereby, assigned for notice in the F ederal R egister, file re­ October 6, 1969. Applicant: EDWIN L. oral hearing at a time and place to be plies to the petition supporting or op­ ELLOR & SON, INC., Mountain Boule­ hereafter fixed. posing the determination sought. An vard, Warren, N.J. 07060. Applicant’s And it is further ordered, That a copy original and 15 copies of such replies representative: George A. Olsen, 69 Ton- of this order be filed with the Director, must be filed with the Commission and nele Avenue, Jersey City, N.J. 07306. Office of the Federal Register. must show service of 2 copies upon either Authority sought to operate as a con­ J. D. Feeney or James W. Nisbet, 280 tract carrier, by motor vehicle, over ir­ By the Commission, Division 3. Union Station Building, Chicago, 111. regular routes, transporting: Hydrants, [seal] H. N eil Garson, 60606. Thereafter, the Commission will valves, tapping machines, and commodi­ Secretary. proceed to dispose of the instant petition. ties used in the installation thereof, for [F.R. Doc. 69-12261; Filed, Oct. 13, 1969; Notice of the filing of this petition will the account of Valve & Hydrant, Division 8:49 a.m.] be given by publication in the F ederal of United States Pipe and Foundry Co., R egister. between East Orange, N.J., on the one hand, and, on the other, points in [No. 11761] [seal] H. N eil Garson, Pennsylvania, for 180 days. Supporting Secretary. shipper: United States Pipe and Found­ IOWA PASSENGER FARES AND [F.R. Doc. 69-12262; Filed, Oct. 13, 1969; ry Co., Burlington, N.J. 08016. Send CHARGES 8:49 a.m.] protests to: District Supervisor Robert S. S eptember 29, 1969. H. Vance, Bureau of Operations, Inter­ Notice is hereby given that the Chicago [Notice 922] state Commerce Commission, 970 Broad and North Western Railway Co.; the Chi­ Street, Newark, N.J. 07102. cago, Burlington & Quincy Railroad Co.; MOTOR CARRIER TEMPORARY No, MC 41255 (Sub-No. 74 TA), filed the Chicago, Milwaukee, St. Paul and AUTHORITY APPLICATIONS October 6, 1969. Applicant: GLOSSON MOTOR LINES, INC., Route 9, Hargrave Pacific Railroad Co.; the Chicago, Rock October 9,1969. Island and Pacific Railroad Co.; and the Road, Lexington, N.C. 27292. Authority Illinois Central Railroad Co., through The following are notices of filing of sought to operate as a common carrier, the attorneys named below, have filed a applications for temporary authority un­ by motor vehicle, over irregular routes, petition1 with the Interstate Commerce der section 210a (a) of the Interstate transporting: New furniture, from points Commission praying that the outstand­ Commerce Act provided for under the in Catawba, Lincoln, Burke, and McDow­ ing orders in this proceeding be modified new rules of Ex Parte No. MC-67 (49 ell Counties, N.C., to points in Florida, CFR Part 1131), published in the F ed­ Georgia, Maryland, District of Columbia, eral R egister, issue of April 27, 1965, Maine, Delaware, Pennsylvania, New 1 Not to be confused with the uncontested effective July 1, 1965. These rules pro­ Jersey, New York, Rhode Island, Massa­ petition (for elimination of a discount solely vide that protests to the granting of an chusetts, Connecticut, Vermont, and New on round-trip fares in Iowa) filed by the Illinois Central Railroad Co. on May 15, 1969, application must be filed with the field Hampshire, for 180 days. Supporting which was assigned the same docket number official named in the F ederal R egister shippers: There are approximately 10 and title. It was subsequently granted by publication, within 15 calendar days statements of support attached to the order dated Sept. 9, 1969, providing, among after the date of notice of the filing of application, which may be examined here other things, for disposition of that petition. the application is published in the F ed­ at the Interstate Commerce Commission

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 NOTICES 15825 in Washington, D.C., or copies thereof Framer City, HI. 61842. Authority sought 57101. Applicant’s representative: R. H. which may be examined at the field office to operate as a common carrier, by motor Jinks (same address as above). Author­ named below. Send protests to: Jack K. vehicle, over Irregular routes, transport­ ity sought to operate as a common car­ Huff, District Supervisor, Interstate ing: Gypsum products; composition rier, by motor vehicle, over irregular Commerce Commission, Bureau of Oper­ hoards; insulating materials; roofing routes, transporting: Meats, meat prod­ ations, 316 East Morehead, Suite 417 and roofing materials; urethane and ucts, and meat byproducts, and articles (BSR Building), Charlotte, N.C. 28202. urethane products; and related ma­ distributed by meat packinghouses, as No. MC 76025 (Sub-No. 15 TA), filed terials, supplies, and accessories inci­ defined in sections A and C of appen­ October 6, 1969. Applicant: OVERLAND dental thereto, except commodities in dix I to the Report in Descriptions in EXPRESS, INC., 651 First Street SW., bulk, from Carteret and Edgewater, N.J.; Motor Carrier Certificates, 61 M.C.C. 209 New Brighton, Minn. 55112. Applicant’s Chester, W. Va.; Deposit, N.Y.; Phila­ and 766, from Mitchell, S. Dak., to representative: James F. Sexton (same delphia, Pittston, and Sunbury, Pa., to Austin, Minn., for 180 days. Supporting address as above). Authority sought to points in Montana, Wyoming, Colorado, shipper: Geo. A. Hormel & Co., Post Of­ operate as a contract carrier, by motor New Mexico, Texas, Oklahoma, Kansas, fice Box 800, Austin, Minn. 55912; K. O. vehicle, over irregular routes, tranport- Nebraska, South Dakota, North Dakota, Petrick, Manager—Transportation Serv­ ing: Meats and packinghouse products, Minnesota, Iowa, Missouri, Arkansas, ices. Send protests to: J. L. Hammond, from St. Paul, Minn., to Jacksonville, Louisiana, Michigan, Wisconsin, Illinois, District Supervisor, Interstate Com­ Miami, Orlando, Plant City, St. Peters­ Kentucky, Tennessee, Mississippi, Indi­ merce Commission, Bureau of Opera­ burg, and Tampa, Fla.; Albany, Atlanta, ana, Ohio, and Alabama, for 180 days. tions, Room 369, Federal Building, Pierre, Augusta, Columbus, Macon, and Thom- Supporting shipper: The Celotex Corp., S. Dak. 57501. asville, Ga.; Addison, Chicago, Elk Grove, 1500 North Dale Mabry, Tampa, Fla. No. MC 112617 (Sub-No. 265 TA), filed Lombard, and Melrose Park, HI.; Gary 33607. Send protests to: Harold C. Jolliff, October 6, 1969. Applicant: LIQUID and Whiting, Ind.; Asheville, Ahoskie, District Supervisor, Interstate Com­ TRANSPORTERS, INC., Post Office Charlotte, Greenville, Franklinville, Ra­ merce Commission, Bureau of Opera­ Box 21395, Louisville, Ky. 40221. Appli­ leigh, and Wilmington, N.C., and Colum­ tions, Room 476, 325 West Adams Street, cant’s representative: James S. Holloway bia, Charleston, and Greenville, S.C., for Springfield, HI. 62704. (same address as above). Authority 150 days. Supporting shipper: Armour No. MC 108207 (Sub-No. 272 TA), filed sought to operate as a common carrier, and Co., Chicago, 111. Send protests to: October 6, 1969. Applicant: FROZEN by motor vehicle, over irregular routes, A. E. Rathert, District Supervisor, Inter­ FOOD EXPRESS, 318 Cadiz, Post Office transporting: Acetone and phenol, in state Commerce Commission, Bureau of Box 5888, Dallas, Tex. 75222. Applicant’s bulk, in tank vehicles, from the plantsite Operations, 448 Federal Building and representative: L. M. McLean (same ad­ of United States Steel Corp., at or near U.S. Courthouse, 110 South Fourth dress as above). Authority sought to op­ Haverhill (Scioto County), Ohio, to Street, Minneapolis. Minn. 55401. erate as a common carrier, by motor ve­ points in Alabama, Arkansas, Connecti­ No. MC 86779 (Sub-No. 31 TA), filed hicle, over irregular routes, transporting: cut, Delaware, Florida, Georgia, nii­ October 3, 1969. Applicant: ILLINOIS Sour cream, sour cream dips, yogurt nois, Indiana, Iowa, Kansas, Kentucky, CENTRAL RAILROAD COMPANY, 135 products, from Council Grove, Kans., to Louisiana, Maryland, Massachusetts, East 11th Place, Chicago, HI. 60605. Ap­ Phoenix, Ariz.; Little Rock, Ark.; Chi­ Michigan, Minnesota, Mississippi, Mis­ plicant’s representative: John H. cago, HI.; Minneapolis, Minn.; Oklahoma souri, New Hampshire, New Jersey, New Doeringer (same address as above). Au­ City, and Tulsa, Okla.; Memphis, Tenn.; York, North Carolina, Pennsylvania, thority sought to operate as a common Dallas, Houston, and San Antonio, Tex., Rhode Island, South Carolina, Tennes­ carrier, by motor vehicle, over irregular for 150 days. Note : Carrier does not in­ see, Texas, Virginia, West Virginia, and routes, transporting: General commodi­ tend to tack authority. Supporting Wisconsin, for 180 days. Supporting ties (except commodities in bulk, house­ shipper: Fairmont Foods Co., 3201 shipper: James T. Curtis, Jr., Manager, hold goods, and commodities which be­ Famam Street, Omaha, Nebr. 68101. Movement and Project Services, Non- cause of size and weight require special Send protests to: E. K. Willis, Jr., Dis­ ferrous Traffic and Transportation, equipment), between Chicago, Rockford, trict Supervisor, Interstate Commerce United States Steel Corp., 525 William Freeport, and Dixon, HI., from Chicago, Commission, Bureau of Operations, 513 Penn Place, Pittsburgh, Pa. 15230. Send 111., over Interstate Highway 90 to its Thomas Building, 1314 Wood Street, protests to: Wayne L. Merilatt, District junction with U.S. Highway 20, thence Dallas, Tex. 75202. Supervisor, Interstate Commerce Com­ over U.S. Highway 20 to Rockford and N£. MC 108676 (Sub-No. 33 TA), filed mission, Bureau of Operations, 426 Post Freeport, 111., and return, serving the in­ October 3, 1969. Applicant: A. J. Office Building, Louisville, Ky. 40202. termediate points of Alworth, Seward, METLER HAULING & RIGGING, INC., No. MC 118263 (Sub-No. 18 TA), filed and Evarts, HI., and the off route point of 117 Chicamauga Avenue, NE., Knoxville, October 6, 1969. Applicant: COLDWAY Genoa, 111.; (2) from Rockford, HI., over Tenn. 37917. Applicant’s representative: CARRIERS, INC., Post Office Box 38, niinois Highway 2 to Dixon, HI., and Louis J. Amato, Central Building, Bowl­ Clarksville, Ind. 47130. Applicant’s repre­ return, serving no intermediate points; ing Green, Ky. 42101. Authority sought to sentative: Paul M. Daniell, Suite 1600, Restriction': Service restricted to traffic operate as a common carrier, by motor First Federal Building, Atlanta, Ga. having a prior or subsequent movement vehicle, over irregular routes, transport­ 30303. Authority sought to operate as a by rail, for 180 days. N ote: Applicant ing: Flat glass, crated, uncrated, or on common carrier, by motor vehicle, over requests authority to tack to its existing shipping devices, from plantsite of irregular routes, transporting: Frozen authority at Rockford, Freeport, and American Saint Gobain Corp., located in foodstuffs, from Deerfield, HI., to points Dixon, 111. Supporting shippers: J. L. Hawkins Comity, Tenn., on U.S. High­ in Michigan, Indiana, and Ohio, for 180 Clark Manufacturing Co., 2300 Sixth way 11W, approximately 15 miles west of days. Supporting shipper; Kitchens of Street, Rockford, HI.; Rockford Drop Kingsport, Tenn., to points in Minnesota, Sara Lee Corp., Division of Consolidated Forge Co., Rockford, HI.; Atwood Iowa, Missouri, Oklahoma, and Texas Foods, 500 Waukegan Road, Deerfield, Vacuum Machine Co., 1400 Eddy Ave­ and all States in the United States east HI. 60015. Send protests to: James W. nue, Rockford, HI.; Central Quality In­ thereof, for 180 days. Supporting Habermehl, District Supervisor, Inter­ dustries, Inc., Polo, 111.; All Products, shipper: American Saint Gobain Corp., state Commerce Commission, Bureau of Inc., Genoa, 111.; and The Goss Co., 5601 Post Office Box 929, Kingsport, Tenn. Operations, 802 Century Building, 36 West 31st Street, Chicago, HI. Send pro­ Send protests to: Joe J. Tate, District South Pennsylvania Street, Indianapolis, tests to: William E. Gallagher, District Supervisor, Interstate Commerce Com­ Ind. 46204. Supervisor, Interstate Commerce Com­ mission, Bureau of Operations, 803—1808 No. MC 119974 (Sub-No. 26 TA), filed mission, Bureau of Operations, Room West End Building, Nashville, Tenn. 1068, 219 South Dearborn, Chicago, HI. 37203. October 6, 1969. Applicant: L. C. L. 60604. No. MC 111812 (Sub-No. 389 TA), TRANSIT COMPANY, 520 North Roose­ No. MC 107295 (Sub-No. 223 TA), filed filed October 6, 1969. Applicant: MID­ velt, Post Office Box 949, Green Bay, Wis. October 3, 1969. Applicant: PRE-FAB WEST COAST TRANSPORT, INC., 54305. Applicant’s representative: TRANSIT CO., 100 South Main Street, Post Office Box 1233, Sioux Falls, S. Dak. Charles E. Dye (same address as above).

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15826 NOTICES

Authority sought to operate as a com­ operate as a common carrier, by motor Indiana, and Ohio; restricted to trans­ mon carrier, by motor vehicle, over irreg­ vehicle, over regular routes, transport­ portation in specially designed and con­ ular routes, transporting: Fresh and ing: Prepared animal and poultry feeds, structed trailers capable of carrying frozen meats, in vehicles equipped with between points in New Mexico, on the sectionalized building structures 11 feet mechanical refrigeration, from St. Cloud, one hand, and, on the other, points in 6 inches in height and further restricted Minn., to points in Illinois, Indiana, Yoakum, Terry, Lynn, Garza, Kent, to transportation requiring special width Iowa, Michigan, Ohio, and Wisconsin, for Stonewall, King, Cottle, Childress, Col­ pertnits, for 180 days. Supporting ship­ 180 days. Supporting shipper: Meats, lingsworth, Wheeler, Hamphill, and per: Prestige Structures, Inc., 1111 Mike- Inc., 1420 Third Avenue South, St. Lipscomb Counties, Tex., for 180 days. sell Street, Charlotte, Mich. 48813. Send Cloud, Minn. 56301 (Charles W. Rosen­ Supporting shipper: Hi-Plains Feed protests to: C. R. Flemming, District berg, President). Send protests to: Dis­ Yard, Route 2, Friona, Tex. 79035; J. P. Supervisor, Interstate Commerce Com­ trict Supervisor Lyle D. Heifer, Interstate White Industries, Inc., Post Office Box mission, Bureau of Operations, 225 Fed­ Commerce Commission, Bureau of Op­ 493, Roswell, N. Mex. 88201. Send pro­ eral Building, Lansing, Mich. 48933. erations, 135 West Wells Street, Room tests to: William R. Murdoch, District No. MC 134074 (Sub-No. 1 TA), filed 807, Milwaukee, Wis. 53203. Supervisor, Interstate Commerce Com­ October 3, 1969. Applicant: DENIS B. No. MC 124241 (Sub-No. 7 TA) (Cor­ mission, Bureau of Operations, 10515 HEDSTROM, Wilton, N. Dak. 58579. Ap­ rection), filed September 24, 1969, pub­ Federal Building, U.S. Courthouse, Albu­ plicant’s representative: Gene P. John­ lished F ederal R egister, issue of Octo­ querque, N. Mex. 8710i. son, 502 First National Bank Building, ber 3, 1969, and republished as corrected No. MC 133968 (Sub-No. 1 TA), filed Fargo, N. Dak. 58102. Authority sought to this issue. Applicant: REX WELLS AND October 6, 1969. Applicant: WATER­ operate as a common carrier, by motor RAY WELLS, a partnership, doing busi­ FORD EXCAVATING CO., INC., 622 vehicle, over irregular routes, transport­ ness as WELLS BROTHERS, 584 Sparks, North Cass Street, Milwaukee, Wis. ing: Dry fertilizer and dry fertilizer com­ Post Office Box 482, Twin Falls, Idaho 53202. Applicant’s representative: pounds, from Winona, Minn., to points in 83301. Applicant’s representative: Ken­ Frank M. Coyne, 1 West Main Street, North Dakota and South Dakota, for 180 neth G. Bergquist, Post Office Box 1775, Madison, Wis. 53703. Authority sought days. Supporting shipper: Farmers Un­ Boise, Idaho 83701. The purpose of this to operate as a common carrier, by ion Central Exchange, Inc., Post Office republication is to correct the docket motor vehicle, over irregular routes, Box G, St. Paul, Minn. 55101. Send pro­ number assigned hereto as shown above, transporting: Salt, in bulk, from Han­ tests to: J. H. Ambs, District Supervisor, No. MC 124241 (Sub-No. 7 TA), in lieu of cock and Gladstone, Mich., to points in Interstate Commerce Commission, Bu­ No. MC 12411 (Sub-No. 7 TA), which was Wisconsin on and north of a line formed reau of Operations, 1621 South Univer­ in error. by Interstate Highway 1-94 from Mil­ sity Drive, Room 213, Fargo, N. Dak. No. MC 125844 (Sub-No. 12 TA), filed waukee, to Tomah and U.S. Highway 16, 58102. October 6, 1969. Applicant: BIO-MED- from Tomah to La Crosse, for 180 days. No. MC 134082 TA, filed October 3, HU, INC., 8603 Preston Highway, Louis­ Supporting shipper: Diamond Crystal 1969. Applicant: K. H. TRANSPORT, ville, Ky. 40219. Applicant’s representa­ Salt Co., 919 South Riverside Avenue, INC., R.F.D. No. 2, Ellicott City, Md. tive: Ollie L. Merchant, Suite 202, 140 St. Clair, Mich. 48079 (James Sheehan, 21043. Applicant’s representative: South Fifth Street, Louisville, Ky. 40202. Assistant Traffic Manager). Send pro­ Charles E. Creager, Suite 1609, Eldorado Authority sought to operate as a common tests to: District Supervisor Lyle D. Towers, 11215 Oak Leaf Drive, Silver carrier, by motor vehicle, over irregular Heifer, Interstate - Commerce Commis­ Spring, Md. 20901. Authority sought to routes, transporting: Blood and deriva­ sion, Bureau of Operations, 135 West operate as a common carrier, by motor tives of blood, which includes plasma, Wells Street, Room 807, Milwaukee, Wis. vehicle, over irregular routes, transport­ from points in Broward and Dade Coun­ 53203. ing: Bananas, plantains, pineapples, ties, Fla.; Jacksonville, Fla.; and New No. MC 134070 (Sub-No. 1 TA), filed and coconuts, and agricultural commodi­ Orleans, La., to points in Illinois, Michi­ October 6, 1969. Applicant: LEW ROSE, ties otherwise exempt from economic reg­ gan, New York, New Jersey, and Pennsyl­ doing business as LEW ROSE PETRO­ ulations under section 203(b)(6) of the vania, for 180 days. Supporting shipper: LEUM TRANSPORT, 855 South Fort Act when transported in mixed ship­ Ralph E. Eacret, General Manager and Street, Detroit, Mich. 48217. Applicant’s ments with bananas, plantains, pine­ Senior Vice President, Allied Plasma representatives: Clark, Klein, Winter, apples, and coconuts, from Wilmington, Corp., 1408 Northwest 36th Street, Miami, Parsons and Prewitt, 1600 First Federal Del., to points in Maryland, Delaware, Fla. 33142. Send protests to: Wayne L. Building, 1001 Woodward Avenue, De­ Virginia, West Virginia, Michigan, Mis­ Merilatt, District Supervisor, Interstate troit, Mich. 48226. Authority sought to souri, Kentucky, Ohio, Indiana, Illinois, Commerce Commission, Bureau of Oper­ operate as a common carrier, by motor North Carolina, Iowa, Wisconsin, Penn­ ations, 426 Post Office Building, Louis­ vehicle, over irregular routes, transport­ sylvania, Connecticut, Rhode Island, ville, Ky. 40202. ing: Molten sulphur, in bulk, in tank Massachusetts, New Jersey, New York, No. MC 128501 (Sub-No. 3 TA), filed vehicles, from the refinery of Mobil Oil and the District of Columbia, for 180 October 3, 1969. Applicant: FIDELITY Corp. in Woodhaven, Mich., and the days. Supporting shipper: Samuel Gor­ STORAGE AND TRANSFER COM­ plantsite of Detroit Chemical Works, in don, Vice President, West Indies Fruit PANY, 543 Brookhaven Drive, Orlando, Detroit, Mich., to the plantsite of Coul- Co., Post Office Box 1940, Miami, Fla. Fla. 32802. Applicant’s representative: ton Chemical Co. in Oregon, Ohio, for 33101. Send protests to: William L. Martin Sack, Jr., Gulf Life Tower, Jack­ 150 days. Supporting shipper: Mobil Oil Hughes, District Supervisor, Interstate sonville, Fla. 32207. Authority sought to Corp., 150 East 42d Street, New York, Commerce Commission, Bureau of Oper­ operate as a contract carrier, by motor N.Y. 10017. Send protests to: Gerald J. ations, 1125 Federal Building, Baltimore, vehicle, over irregular routes, transport­ Davis, District Supervisor, Interstate Md. 21201. ing: Telephone equipment, materials, Commerce Commission, Bureau of Op­ No. MC 134083 TA, filed October 6, and supplies, between Orlando, Fla., on erations, 1110 Broderick Tower Build­ 1969. Applicant: SOUTHERN ENTER­ the one hand, and, on the other, points ing, 10 Witherell Street, Detroit, Mich. PRISES, INC., 930 Catherine Street, Key in Orange, Lake, Seminole, and Osceola 48226. West, Fla. 33040. Applicant’s representa­ Counties, Fla., for 180 days. Supporting No. MC 134071 (Sub-No. 1 TA), filed tive: Alan F. Wohlstetter, 1 Farragut shipper: The Western Electric Co., Inc., October 3, 1969. Applicant: MODULAR Square South, Washington, D.C. 20006. 3300 Lexington Road, Winston-Salem, TRANSPORTATION CO., 421 West Ful­ Authority sought to operate as a com­ N.C. Send protests to: District Supervisor ton Street, Grand Rapids, Mich. 49502. mon carrier, by motor vehicle, over G. H. Fauss, Jr., Interstate Commerce Applicant’s representative: Karl L. Get­ irregular routes, transporting: Used Commission, Bureau of Operations, Box ting, Union Savings and Loan Building, household goods, between points in 35008, 400 West Bay Street, Jacksonville, 117 West Allegan Street, Lansing, Mich. Monroe and Dade Counties, Fla.; re­ Fla. 32202. 48933. Authority sought to operate as a stricted to the transportation of traffic No. MC 133958 (Sub-No. 1 TA), filed contract carrier, by motor vehicle, over October 3, 1969. Applicant: W. E. irregular routes, transporting: Section- having a prior or subsequent movement, STOCKARD, 2212 West Juniper, Ros­ alized buildings, from Charlotte, Mich., in containers, and further restricted to well, N. Mex. 88201. Authority sought to to points in Florida, Illinois, Missouri, the performance of pickup and delivery

FEDERAL REGISTER, V O L 34, NO. 197— TUESDAY, OCTOBER 14, 1969 NOTICES 15827 service in connection with packing, un­ petitioners must be specified in their proved the transfer to Robert E. Wade, crating, and decontainerization of such petitions with particularity. Schenectady, N.Y., of certificates Nos. traffic, for 180 days. Supporting shipper: No. MC-FC-71606. By order of Octo­ MC-172, MC-172 (Sub-No. 1), and MC- Commanding Officer, U.S. Naval Station, ber 1, 1969, the Motor Carrier Board 172 (Sub-No. 6) issued August 12, 1963, Key West, Fla. 33040. Send protests to: approved the transfer to Robert Craw­ December 23,1954, and October 15, 1968, District Supervisor Joseph B. Teichert, ford, Greenfield, Iowa; of certificate in respectively, to Arnold E. Wade, Sche­ Interstate Commerce Commission, Bu­ No. MC-106405, issued August 23, 1946, nectady, N.Y., authorizing the transpor­ reau of Operations, Room 1226,51 South­ to Albert Rusk, Greenfield, Iowa; au­ tation of passengers and their baggage, west First Avenue, Miami, Fla. 33130. thorizing the transportation of: Live­ restricted to traffic originating in the By the Commission. stock, animal, and poultry feed, building territory indicated, in special or charter materials, sand and gravel, from and to operations, from points in that part of [ seal ] Andrew Anthony, Jr., specified points in Nebraska and Iowa. New York bounded by a line beginning Acting Secretary. William A. Landau, 1451 East Grand at Windham, N.Y., and extending [F.R. Doc. 69-12264; Filed, Oct. 13, 1969; Avenue, Des Moines, Iowa 50306, repre­ through Gilboa to Oooperstown, thence ' 8:49 a.m.] senting applicants. through Sharon Springs to Amsterdam, No. MC-FC-71646. By order of Octo­ thence through Goffmans to Schenec­ [Notice 425] ber 3, 1969, the Motor Carrier Board ap­ tady, and thence through South Berne proved the transfer to Sal-Son Trucking to point of beginning, to points in New MOTOR CARRIER TRANSFER Co., Inc., New York, N.Y., of certificate Jersey, Pennsylvania, Delaware, Mary­ PROCEEDINGS No. MC-30111, issued by the Commission land, Virginia, Massachusetts, Connecti­ on August 12, 1963, to Rapid Trucking cut, Rhode Island, Vermont, New Hamp­ October 9,1969. Co., a corporation, acquired by transferor shire, and the District of Columbia; and Synopses of orders entered pursuant to herein pursuant to No. MC-PC-71109, in round trip charter operations begin­ section 212(b) of the Interstate Com­ approved February 28,1969, and consum­ ning and ending at Schenectady, N.Y., merce Act, and rules and regulations pre­ mated May 2,1969, authorizing the trans­ and points within 5 miles thereof, and scribed thereunder (49 CFR Part 1132), portation of: General commodities, ex­ extending to points in North Carolina, appear below: cluding household goods, commodities in South Carolina, Georgia, Florida, and As provided in the Commission’s spe­ bulk, and other specified commodities, Maine; and from Saratoga and Wash­ cial rules of practice any interested per­ from New York, N.Y., to points in Ber­ ington Counties, N.Y., to points in Penn­ son may file a petition seeking recon­ gen, Essex, Hudson, Passaic, and Union sylvania, New York, New Jersey, Connec­ sideration of the following numbered Counties, N.J., restricted against service ticut, Vermont, New Hampshire, and the proceedings within 20 days from the date to or from National Mills, a division of District of Columbia. S. Harrison Kahn, of publication of this notice. Pursuant U.S. Industries, of Memphis, Term. Bowes Suite 733, Investment Building, Wash­ & Millner, Esqs., 744 Broad Street, New­ ington, D.C. 20005, attorney for to section 17(8) of the Interstate Com­ ark, N.J. 07012,' attorneys for transferor. applicants. merce Act,'the filing of such a petition Leon J. Levitt, Esq., 2 Penn Plaza, New [seal] Andrew Anthony, Jr., will postpone the effective date of the York, N.Y. 10001, attorney for transferee. Acting Secretary. order in that proceeding pending its dis­ No. MC-FC-71657. By order of Octo­ [F.R. Doc. 69-12263; Filed, Oot. 13, 1969; position. The matters relied upon by ber 3, 1969, the Motor Carrier Board ap­ 8:49 a.m.]

No. 197-----7 FEDERAL REGISTER, VOL. 34, NO. 197— TUESDAY, OCTOBER 14, 1969 15828 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— OCTOBER

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 October

3 CFR Page 9 CFR— Continued page 20 CFR— Continued Page P roclamations : P roposed R ules: P roposed R ules: 3938 _ 15523 405...... 15804 3939 ______15525 301-330______15362 3940-______15695 327______1580021 CFR Executive Orders: 10 CFR 1______— ______15354 8647 (see PLO 4703)______15557 112______19______- 15558 ______15555 8920 (modified by PLO 4709) _ 15755 121____ 15295,15355,15469,15793,15794 10030 (superseded by EO 133______15645 11485)______15411 12 CFR 141______15596 10753 (superseded by EO • l______15595 149a______- 15295 11487)______15593 320______——„ 15295 11484 ______15337 13 CFR P roposed R ules: 11485 ______15411, 15443 101______15452 16______— ______— 15486 11486 _ 15527 121______- ______15596 18______15657 11487 ______15593 120-______— 15658 P residential D ocuments Other 14 CFR 130______— ...... —___ —- 15298 T han P roclamations and Exec­ utive Orders: 39______15290-15292, 22 CFR Reorganization Plan No. 1 of 15340, 15466, 15467, 15748 22______— 15597 1969______15783 71______15292, 15293, 15341, 15467, 15468, 15596, 5 CFR 15642,15749,15786,15787 24 CFR 73______— 15787 242______-,______15556 213______:______15297, 91______15697 15413, 15558, 15559, 15595, 15711, 95______15697 25 CFR _ 15712,15747 97______15531,15699 roposed ules 550______— 15747 P R : 298___ 15293 . 221______— 15360,15361 713______, ______15595 385-_____ 15413 430______- 15749,15750 7 CFR 26 CFR P roposed R ules: l ______- ______— 15556 5______—____ 15785 71—______15298, 68______15631 15363-15365, 15487, 15488, 15600, 28 CFR 171______— 15632 1560Ì, 15659, 15660, 15758-15760, 210______15414 15805,15806 0 ——— 15413 220______15414 73______15760 225______;__ :______15414 75______15364,15365,15601 29 CFR 319______15559 218______15299 657______—- ...... 15556 354______15636 224______15661 781______15470 722______15445, 15446 241______15422 855______15785 788______15794 874______;______15637 15 CFR P roposed R ules: 908.______15339,15640 531_« ______"-i______15486 909______15747 602______15787 1500______—...... 15655 910-______15447,15748 932______15339 16 CFR 31 CFR 948______15290, 15447 13______15345-15353 958______15448 15______15643,15792 200— ____ ^______15557 280______15557 989____ 15340 P roposed R ules: 1421______15414, 15448 1443______—— _ 15559 252__ - ______15808 32 CFR 1446_____ 15640 501______15366 60______— ______15296 1602___ ;______15785 17 CFR 577____ 15796 P roposed R ules: P roposed R ules: 33 CFR 55__ 15561 150______15419 730______15485 117______!___ 15752 906 ______:__ 15361 207 ______— _- ___ 15557,15797 18 CFR 208 ______15296,15646 907 _ 15713 2_____ 15643 925______15486 154______15643 36 CFR 931_____ ;______15362 157______15643 945______-______15486 260—____ 15344 7_____- ______15414 953—______15716 300______15750 P roposed R ules: 982_____ 15562, 15758 7— ______15419 984______15420 1001______15362 19 CFR 1015______15362 1— ______— 15559 41 CFR 1133______15716 P roposed R ules: 8 -1 ______15752 8 -6 ______15752 I ______- ______15713 9 CFR 8-7 ______15470,15753 II ______15360 8-19______15753 71------15641 8-52______15754 83------_ 15290 20 CFR 8-74______15754 371— ------15642 404______15413,15646 8-75______- ______15470,15754 FEDERAL REGISTER 15829 42 CFR Page 43 CFR-— Continued Page 47 CFR— -Continued Page 57______15797 P ublic Land Orders— Continued P roposed R ules— Continued 81______15415 4707— ______15755 87______15299 P roposed R ules: 4708___ .______15755 15808 74______I______15800 4709 ______15755 15808 81______15362,15562,15758 4710 ______15755 4711 ______15755 49 CFR 43 CFR 71______15755 20______15647 45 CFR 180______15473 195______15473 P ublic Land Orders: 6______15560 801______15711 371______15416 261 (revoked in part by PLO 393 15417 4706) ______15754 .______46 CFR 1033______15356 881 (see PLO 4706)____ _ 15754 1048______15482 1493 (revoked in part by PLO 503______* 15345 1204— ____ :___ 15483 4696)______15472 510______15345 1548 (see PLO 4706)______15754 P roposed R ules: P roposed R ules: 2624 (revoked in part by PLO 502____ 15300 173______15660 4698)______15472 195______15489 2655 (revoked in part by PLO 371______15420, 15421 4698)______15472 47 CFR 1056— _____ — __ 15719 4592 (corrected by PLO 4710) _ 15755 0______15415 4694 (corrected)______15471 2______15341 50 CFR 4696 ______15472 91______15341,15342 10______15652 4697 ______15472 97______15343,15393 4698 ___ 15472 12______— 15653 4699-».______'15472 P roposed R ules: 28-______15653 2______15366 32 ______15296, 4700 _ 15473 15356,15358,15558,15598, 15653, 4701 ______15473 15______15806 67______15602 15756,15799 4702 ______15557 73 ...... 15602,15603 33 ______15654 4703—______15557 74______„______15422 280— !______— 15416 4704 ______15557 81_____ 15366 P roposed R ules: 4705 ______15598 83______15366 32______15298 4706 ______^ ___ 15754 85—______.__ 15366 80______15600